Bill Text: TX HB1446 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures governing declared disasters for the Texas Department of Criminal Justice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-15 - Referred to State Affairs [HB1446 Detail]
Download: Texas-2023-HB1446-Introduced.html
Bill Title: Relating to procedures governing declared disasters for the Texas Department of Criminal Justice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-15 - Referred to State Affairs [HB1446 Detail]
Download: Texas-2023-HB1446-Introduced.html
88R6945 PRL-D | ||
By: Cortez | H.B. No. 1446 |
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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) at least two members, each of whom has | ||
previously been incarcerated; | ||
(C) two members, each of whom is a family member | ||
of an inmate; | ||
(D) one member who has a background in emergency | ||
planning and has previously created an emergency management program | ||
for accreditation purposes; and | ||
(E) 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. |