Bill Text: TX HB877 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the establishment of the Texas Department of Criminal Justice Oversight Committee.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-13 - Left pending in committee [HB877 Detail]
Download: Texas-2013-HB877-Introduced.html
| 83R3390 JRR-F | ||
| By: Allen | H.B. No. 877 | |
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| relating to the establishment of the Texas Department of Criminal | ||
| Justice Oversight Committee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle G, Title 4, Government Code, is amended | ||
| by adding Chapter 512 to read as follows: | ||
| CHAPTER 512. TEXAS DEPARTMENT OF CRIMINAL JUSTICE | ||
| OVERSIGHT COMMITTEE | ||
| Sec. 512.001. DEFINITIONS. In this chapter: | ||
| (1) "Committee" means the Texas Department of Criminal | ||
| Justice Oversight Committee. | ||
| (2) "Correctional facility" means a facility operated | ||
| by or under contract with the department. | ||
| Sec. 512.002. ESTABLISHMENT; COMPOSITION. (a) The | ||
| committee is established to provide a continuing program of | ||
| inspection and oversight for each correctional facility. | ||
| (b) The committee is composed of eight members as follows: | ||
| (1) four members of the senate appointed by the | ||
| lieutenant governor, not more than two of whom are members of the | ||
| same political party; and | ||
| (2) four members of the house of representatives | ||
| appointed by the speaker of the house of representatives, not more | ||
| than two of whom are members of the same political party. | ||
| (c) In making appointments to the committee, the lieutenant | ||
| governor or the speaker of the house of representatives, as | ||
| applicable, shall give first consideration to members of the Senate | ||
| Committee on Criminal Justice or the House Committee on | ||
| Corrections. | ||
| (d) A member of the committee serves at the pleasure of the | ||
| appointing official. | ||
| (e) Not later than the 15th day after the date a regular | ||
| session of the legislature convenes, the lieutenant governor and | ||
| the speaker of the house of representatives shall make appointments | ||
| to the committee under this section. | ||
| Sec. 512.003. TERMS; VACANCY. (a) Each member of the | ||
| committee serves a term beginning on the date the member is | ||
| appointed and ending on the date the next regular session of the | ||
| legislature convenes, unless the member ceases to be a member of the | ||
| legislature. | ||
| (b) If a vacancy occurs during a member's term, the | ||
| appropriate appointing official shall appoint a qualified person to | ||
| serve for the unexpired term. | ||
| Sec. 512.004. PRESIDING OFFICER. (a) The lieutenant | ||
| governor and the speaker of the house of representatives shall | ||
| appoint the presiding officer of the committee on an alternating | ||
| basis. | ||
| (b) The term of a presiding officer of the committee may not | ||
| exceed two years. | ||
| Sec. 512.005. COMPENSATION AND REIMBURSEMENT. A member of | ||
| the committee serves without compensation for service on the | ||
| committee but is entitled to reimbursement for travel and other | ||
| necessary expenses as provided by Chapter 660 and the General | ||
| Appropriations Act. | ||
| Sec. 512.006. STAFF; AUTHORITY TO CONTRACT. (a) The | ||
| committee shall employ a director and other staff and may contract | ||
| for the provision of services as necessary to carry out the | ||
| committee's duties. | ||
| (b) The committee shall direct the work of the director and | ||
| staff of the committee. | ||
| (c) The committee may not employ a person who is employed by | ||
| or affiliated with or who contracts to provide services to: | ||
| (1) the department, including an ombudsman program | ||
| operated by the department; or | ||
| (2) the board. | ||
| Sec. 512.007. COMPENSATION OF STAFF. (a) The director | ||
| shall receive a salary and compensation in an amount determined by | ||
| the presiding officer of the committee. | ||
| (b) The director shall determine the salaries and | ||
| compensation of other committee staff. | ||
| Sec. 512.008. ATTORNEY GENERAL AS LEGAL ADVISOR. The | ||
| attorney general shall act as legal advisor for the committee. | ||
| Sec. 512.009. COMMITTEE POWERS AND DUTIES. (a) The | ||
| committee shall: | ||
| (1) provide for the regular inspection of each | ||
| correctional facility; and | ||
| (2) submit reports to the board and the legislature, | ||
| in accordance with Subsection (c), that include: | ||
| (A) the results of the committee's inspections | ||
| since the most recent inspections included in a report to the board | ||
| or legislature, as applicable, including an evaluation of the | ||
| inmate grievance procedure at each inspected facility; and | ||
| (B) any recommendations concerning policy | ||
| changes or other means by which to improve the conditions or | ||
| operations of correctional facilities in this state. | ||
| (b) The committee shall ensure that: | ||
| (1) not fewer than a total of 25 correctional | ||
| facilities are inspected each two-year period, including not fewer | ||
| than 5 correctional facilities that are operated under contract | ||
| with the department; and | ||
| (2) each inspection includes one or more visitations | ||
| during: | ||
| (A) a general meal period; and | ||
| (B) a rehabilitative or educational program. | ||
| (c) The committee shall submit a report to: | ||
| (1) the board once every six months at a regularly | ||
| scheduled meeting of the board; and | ||
| (2) the legislature once every two years not later | ||
| than the 15th day after the date a regular session of the | ||
| legislature convenes. | ||
| Sec. 512.010. COMMUNICATION AND CONFIDENTIALITY. (a) The | ||
| department shall: | ||
| (1) allow a member of the committee or its staff to | ||
| access any part of a correctional facility, without advance notice, | ||
| for the purpose of conducting an inspection; and | ||
| (2) allow any person imprisoned or confined in a | ||
| correctional facility, or any correctional officer or other person | ||
| employed at a correctional facility, to communicate in person, by | ||
| mail, or by any other means with a member of the committee or its | ||
| staff. | ||
| (b) The department may not open or inspect any letter | ||
| between a member of the committee or its staff and a person | ||
| imprisoned or confined in a correctional facility. | ||
| (c) The department may not take any adverse action against a | ||
| person imprisoned or confined in a correctional facility or | ||
| employed by a correctional facility as a result of a communication | ||
| between the person and a member of the committee or its staff. | ||
| (d) A communication described by Subsection (a)(2) is | ||
| confidential and not subject to public disclosure under Chapter 552 | ||
| or other law. | ||
| Sec. 512.011. PUBLIC AND INMATE AWARENESS. The committee | ||
| shall make available to the public and any person imprisoned or | ||
| confined in a correctional facility information regarding: | ||
| (1) the manner by which the committee may be | ||
| contacted; and | ||
| (2) the purpose, duties, and responsibilities of the | ||
| committee. | ||
| Sec. 512.012. OTHER LAW. The committee is not subject to | ||
| Chapter 2110. | ||
| SECTION 2. Not later than the 60th day after the effective | ||
| date of this Act, the lieutenant governor and the speaker of the | ||
| house of representatives shall appoint the initial members to the | ||
| Texas Department of Criminal Justice Oversight Committee under | ||
| Chapter 512, Government Code, as added by this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
