| 1 | 1 | | 88R12127 BDP-D |
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| 2 | 2 | | By: Bryant H.B. No. 2950 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the temperature at which certain facilities operated by |
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| 8 | 8 | | the Texas Department of Criminal Justice are maintained. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 501, Government Code, is |
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| 11 | 11 | | amended by adding Sections 501.028 and 501.029 to read as follows: |
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| 12 | 12 | | Sec. 501.028. TEMPERATURE REQUIREMENTS AT DEPARTMENT |
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| 13 | 13 | | FACILITIES. The department shall ensure that the temperature in |
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| 14 | 14 | | each facility operated by the department and used to house inmates |
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| 15 | 15 | | or in which department staff regularly work is maintained at not |
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| 16 | 16 | | less than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit. |
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| 17 | 17 | | Sec. 501.029. REPORT REGARDING AIR CONDITIONING. Not later |
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| 18 | 18 | | than December 1 of each year, the department shall submit to the |
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| 19 | 19 | | governor, the lieutenant governor, the speaker of the house of |
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| 20 | 20 | | representatives, and each standing committee of the legislature |
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| 21 | 21 | | with primary jurisdiction over the department a report regarding |
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| 22 | 22 | | air conditioning in facilities operated by the department and used |
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| 23 | 23 | | to house inmates or in which department staff regularly work. The |
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| 24 | 24 | | report must include the following information for the preceding |
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| 25 | 25 | | 12-month period: |
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| 26 | 26 | | (1) the number of facilities in which the air |
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| 27 | 27 | | conditioning system has failed; |
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| 28 | 28 | | (2) the number of incidents in which the air |
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| 29 | 29 | | conditioning in a facility was not operational and the reason for |
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| 30 | 30 | | each incident; and |
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| 31 | 31 | | (3) for each incident described by Subdivision (2) |
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| 32 | 32 | | that was due to an equipment malfunction, a summary of the steps |
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| 33 | 33 | | taken by the department to address the malfunction and ensure the |
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| 34 | 34 | | well-being of inmates and staff at the facility. |
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| 35 | 35 | | SECTION 2. (a) The Texas Department of Criminal Justice is |
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| 36 | 36 | | not required to fully comply with the requirements of Section |
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| 37 | 37 | | 501.028, Government Code, as added by this Act, until September 1, |
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| 38 | 38 | | 2026. |
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| 39 | 39 | | (b) Not later than December 1, 2024, the Texas Department of |
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| 40 | 40 | | Criminal Justice shall submit to the governor, the lieutenant |
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| 41 | 41 | | governor, the speaker of the house of representatives, and each |
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| 42 | 42 | | standing committee of the legislature with primary jurisdiction |
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| 43 | 43 | | over the department a report regarding the department's progress |
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| 44 | 44 | | toward complying with Section 501.028, Government Code, as added by |
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| 45 | 45 | | this Act, in all facilities to which that section applies. |
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| 46 | 46 | | (c) The Texas Department of Criminal Justice shall submit |
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| 47 | 47 | | the first report required by Section 501.029, Government Code, as |
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| 48 | 48 | | added by this Act, not later than December 1, 2027. |
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| 49 | 49 | | SECTION 3. (a) Except as provided by Subsection (b) of |
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| 50 | 50 | | this section, this Act takes effect immediately if it receives a |
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| 51 | 51 | | vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2023. |
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| 55 | 55 | | (b) Section 501.029, Government Code, as added by this Act, |
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| 56 | 56 | | takes effect September 1, 2026. |
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