By: Cortez H.B. No. 1446
A BILL TO BE ENTITLED
AN ACT
relating to procedures governing declared disasters for the Texas
Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 4, Government Code, is amended
by adding Chapter 509A to read as follows:
CHAPTER 509A. PROCEDURES FOR DECLARED DISASTERS
Sec. 509A.001. DEFINITION. In this chapter, "declared
disaster" means a disaster declared by:
(1) the governor under Chapter 418; or
(2) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.), if any part of this state is named in
the federally declared disaster area.
Sec. 509A.002. ADVISORY BOARD. (a) An advisory board is
established to provide the department with recommendations for the
emergency response plan developed under Section 509A.003 and to
update those recommendations annually.
(b) The advisory board is composed of:
(1) the executive director or the executive director's
designee;
(2) the commissioner of public health of the
Department of State Health Services or the commissioner's designee;
and
(3) the following members appointed by the governor:
(A) at least two members, each of whom is a
correctional officer employed by the department at the level of
sergeant or lower and is a member of an employee organization the
majority of the membership of which consists of department
employees;
(B) one member who has a background in emergency
planning and has previously created an emergency management program
for accreditation purposes; and
(C) one member with a background in public health
who is capable of ascertaining vulnerabilities to emerging diseases
or infections that could affect the department's operations.
(c) In developing and updating the recommendations required
by this section:
(1) the advisory board shall consider all strategies
to plan for emergency situations, including plans to prevent
interruptions to the provision of educational and rehabilitative
programming to inmates;
(2) the advisory board may access any facility
operated by or under contract with the department; and
(3) the department shall provide the advisory board
with access to all relevant information necessary to make the
recommendations.
(c-1) Not later than March 1, 2024, the advisory board shall
develop the initial recommendations required by this section and
submit those recommendations to the department. This subsection
expires September 1, 2024.
(d) Not later than March 1 of each year, the advisory board
shall update the recommendations developed under this section and
submit those recommendations to the department.
(e) If the department's response to a declared disaster is
inconsistent with the recommendations submitted under this
section, the advisory board may obtain any relevant data and
reports and may conduct interviews with inmates and other relevant
persons to identify any consequences of the department's response.
(f) Chapter 2110 does not apply to the composition or
duration of the advisory board.
Sec. 509A.003. EMERGENCY RESPONSE PLAN. (a) The
department shall develop an emergency response plan to be
implemented when responding to a declared disaster.
(b) The emergency response plan must specify the operating
procedures that will be implemented by a correctional facility
during a declared disaster, including:
(1) evacuation procedures for inmates and employees of
the facility;
(2) guidelines for employees of the facility to ensure
their safety and well-being; and
(3) provisions to:
(A) prevent or minimize extended lockdowns or
periods of inmate segregation in a correctional facility;
(B) ensure that an inmate may continue to
participate, during any extended period of a declared disaster, in
any classes or programs that the Board of Pardons and Paroles has
required the inmate to complete before being released on parole;
(C) ensure that inmates have commissary access at
regular intervals during any extended period of a declared
disaster;
(D) ensure that the department and each
correctional facility have sufficient quantities of personal
protective equipment for employees and inmates;
(E) ensure that an inmate is not denied access to
medical care, medication, or personal hygiene items; and
(F) prohibit a correctional facility from
suspending in-person inmate visitation during any extended period
of a declared disaster, provided that a correctional facility may
temporarily institute video visitation for the health and safety of
inmates and staff.
SECTION 2. The Texas Department of Criminal Justice shall
develop the emergency response plan required by Section 509A.003,
Government Code, as added by this Act, not later than the 180th day
after the date the advisory board submits recommendations to the
department as required by Section 509A.002(c-1), Government Code,
as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.