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A BILL TO BE ENTITLED
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AN ACT
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relating to a proxy for a member of the legislature visiting a |
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facility operated by or under contract with the Texas Department of |
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Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.010(a-1), Government Code, is |
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transferred to Chapter 493, Government Code, redesignated as |
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Section 493.032, Government Code, and amended to read as follows: |
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Sec. 493.032. VISITATION FOR PURPOSES OF OBSERVING |
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OPERATIONS OF CERTAIN FACILITIES. (a) [(a-1)] The department |
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[institutional division] shall allow the governor, members of the |
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legislature, persons designated under Subsection (b), and members |
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of the executive and judicial branches to enter at proper hours any |
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part of a facility operated by or under contract with the department |
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[the division] where an inmate or a defendant described by Section |
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507.002 is [inmates are] housed or worked[,] for the purpose of |
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observing the operations of the facility [division]. A visitor |
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described by this subsection may talk with inmates or defendants |
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away from [institutional division] employees. |
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(b) Subject to Subsection (c), a member of the legislature |
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may designate a person to serve as the member's proxy for the |
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purpose of observing the operations of a facility described by |
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Subsection (a) as authorized by that subsection. A designation |
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made under this subsection must be approved by the department and is |
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valid until the earlier of: |
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(1) the second anniversary of the date that the person |
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is designated under this subsection; or |
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(2) the date the member ceases to be a member of the |
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legislature. |
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(c) A person is eligible to be designated as a proxy under |
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Subsection (b) only if: |
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(1) at the time the designation is made: |
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(A) the person is 18 years of age or older; |
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(B) there are no charges pending against the |
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person for the commission of any offense, other than a traffic |
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offense punishable by fine only; and |
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(C) the person provides to the department a |
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letter from the person's supervision officer stating that the |
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officer has been informed that the person is interested in serving |
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as a proxy, if the person is on community supervision, parole, or |
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mandatory supervision; |
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(2) the person has not, during the 12-month period |
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preceding the date the designation is made, been convicted of or |
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placed on deferred adjudication community supervision under |
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Subchapter C, Chapter 42A, Code of Criminal Procedure, for any |
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offense, other than a traffic offense punishable by fine only; and |
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(3) the person has not, during the 24-month period |
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preceding the date the designation is made, served any portion of a |
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term of confinement in a county jail or a facility operated by or |
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under contract with the department. |
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SECTION 2. Section 507.030(a-1), Government Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2019. |