1 | 1 | | 89R11000 BCH-F |
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2 | 2 | | By: Bryant H.B. No. 2997 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the temperature at which certain facilities operated by |
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10 | 10 | | the Texas Department of Criminal Justice are maintained. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter A, Chapter 501, Government Code, is |
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13 | 13 | | amended by adding Sections 501.028 and 501.029 to read as follows: |
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14 | 14 | | Sec. 501.028. TEMPERATURE REQUIREMENTS AT DEPARTMENT |
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15 | 15 | | FACILITIES. (a) The department shall ensure that the temperature |
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16 | 16 | | in each facility operated by the department and used to house |
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17 | 17 | | inmates or in which department staff regularly work is maintained |
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18 | 18 | | at not less than 65 degrees Fahrenheit or more than 85 degrees |
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19 | 19 | | Fahrenheit. |
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20 | 20 | | (b) The department shall install and maintain an electronic |
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21 | 21 | | temperature gauge in the following areas of each facility described |
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22 | 22 | | by Subsection (a): |
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23 | 23 | | (1) hospitals; |
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24 | 24 | | (2) visiting areas; |
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25 | 25 | | (3) housing or dormitory areas; |
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26 | 26 | | (4) trustee areas; |
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27 | 27 | | (5) areas used for medical treatment or care, |
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28 | 28 | | including areas used for dispensing medication to inmates; |
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29 | 29 | | (6) kitchens or dining areas; |
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30 | 30 | | (7) food preparation areas; |
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31 | 31 | | (8) community areas, including dayrooms; |
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32 | 32 | | (9) laundry areas; |
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33 | 33 | | (10) areas used for work stations; |
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34 | 34 | | (11) indoor recreational areas, including gymnasiums; |
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35 | 35 | | (12) restroom and shower areas and other areas related |
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36 | 36 | | to inmate hygiene; |
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37 | 37 | | (13) administrative areas; |
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38 | 38 | | (14) correctional officer stations, including guard |
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39 | 39 | | post areas; |
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40 | 40 | | (15) commissary areas; |
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41 | 41 | | (16) areas used for programmatic, educational, or |
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42 | 42 | | vocational purposes; |
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43 | 43 | | (17) chapels or churches; |
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44 | 44 | | (18) libraries; and |
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45 | 45 | | (19) maintenance areas. |
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46 | 46 | | (c) The department shall: |
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47 | 47 | | (1) maintain a log of the temperatures recorded by |
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48 | 48 | | each electronic temperature gauge under Subsection (b) on an hourly |
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49 | 49 | | basis in an electronic format; and |
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50 | 50 | | (2) publish the log, at least quarterly, on the |
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51 | 51 | | department's publicly accessible Internet website. |
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52 | 52 | | Sec. 501.029. REPORT REGARDING AIR CONDITIONING. Not later |
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53 | 53 | | than December 1 of each year, the department shall submit to the |
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54 | 54 | | governor, the lieutenant governor, the speaker of the house of |
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55 | 55 | | representatives, and each standing committee of the legislature |
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56 | 56 | | with primary jurisdiction over the department a report regarding |
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57 | 57 | | air conditioning in facilities operated by the department and used |
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58 | 58 | | to house inmates or in which department staff regularly work. The |
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59 | 59 | | report must include the following information for the preceding |
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60 | 60 | | 12-month period: |
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61 | 61 | | (1) the number of facilities in which the air |
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62 | 62 | | conditioning system has failed; |
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63 | 63 | | (2) the number of incidents in which the air |
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64 | 64 | | conditioning in a facility was not operational and the reason for |
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65 | 65 | | each incident; |
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66 | 66 | | (3) the number of incidents in which the temperature |
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67 | 67 | | was not maintained at the temperature range required under Section |
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68 | 68 | | 501.028(a) and the reason for each incident; |
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69 | 69 | | (4) for each incident described by Subdivision (2) |
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70 | 70 | | that was due to an equipment malfunction, a summary of the steps |
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71 | 71 | | taken by the department to address the malfunction and ensure the |
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72 | 72 | | well-being of inmates and staff at the facility; and |
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73 | 73 | | (5) for each incident described by Subdivision (3), a |
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74 | 74 | | summary of the steps taken by the department to address the cause of |
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75 | 75 | | the incident and ensure the well-being of inmates and staff at the |
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76 | 76 | | facility. |
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77 | 77 | | SECTION 2. (a) The Texas Department of Criminal Justice is |
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78 | 78 | | not required to fully comply with the requirements of Section |
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79 | 79 | | 501.028, Government Code, as added by this Act, until September 1, |
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80 | 80 | | 2026. |
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81 | 81 | | (b) Not later than September 1, 2026, the Texas Department |
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82 | 82 | | of Criminal Justice shall submit to the governor, the lieutenant |
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83 | 83 | | governor, the speaker of the house of representatives, and each |
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84 | 84 | | standing committee of the legislature with primary jurisdiction |
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85 | 85 | | over the department a report regarding the department's progress |
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86 | 86 | | toward complying with Section 501.028, Government Code, as added by |
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87 | 87 | | this Act, in all facilities to which that section applies. |
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88 | 88 | | (c) The Texas Department of Criminal Justice shall submit |
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89 | 89 | | the first report required by Section 501.029, Government Code, as |
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90 | 90 | | added by this Act, not later than December 1, 2027. |
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91 | 91 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
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92 | 92 | | section, this Act takes effect immediately if it receives a vote of |
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93 | 93 | | two-thirds of all the members elected to each house, as provided by |
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94 | 94 | | Section 39, Article III, Texas Constitution. If this Act does not |
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95 | 95 | | receive the vote necessary for immediate effect, this Act takes |
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96 | 96 | | effect September 1, 2025. |
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97 | 97 | | (b) Section 501.029, Government Code, as added by this Act, |
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98 | 98 | | takes effect September 1, 2027. |
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