Bill Text: TX SB1739 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the Criminal Justice Legislative Oversight Committee, the appointment of members, and the members' duties and responsibilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Criminal Justice [SB1739 Detail]
Download: Texas-2013-SB1739-Introduced.html
83R9894 JRR-F | ||
By: Rodriguez | S.B. No. 1739 |
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relating to the Criminal Justice Legislative Oversight Committee, | ||
the appointment of members, and the members' duties and | ||
responsibilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 328.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 328.001. DEFINITIONS [ |
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(1) "Board" means the Legislative Budget Board. | ||
(2) "Committee" [ |
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Justice Legislative Oversight Committee. | ||
(3) "Correctional facility" means a facility operated | ||
by or under contract with the department. | ||
(4) "Department" means the Texas Department of | ||
Criminal Justice. | ||
SECTION 2. Section 328.002(b), Government Code, is amended | ||
to read as follows: | ||
(b) The committee is composed of six members as follows: | ||
(1) the chair of the Senate Committee on Criminal | ||
Justice; | ||
(2) the chair of the House Committee on Corrections; | ||
(3) two members of the senate appointed by the | ||
lieutenant governor, neither of whom may be members of the same | ||
political party; and | ||
(4) two members of the house of representatives | ||
appointed by the speaker of the house of representatives, neither | ||
of whom may be members of the same political party. | ||
SECTION 3. Section 328.004, Government Code, is amended by | ||
adding Subsections (c), (d), and (e) to read as follows: | ||
(c) 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 (e), 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. | ||
(d) 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. | ||
(e) 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. | ||
SECTION 4. Chapter 328, Government Code, is amended by | ||
adding Sections 328.0041 and 328.0051 to read as follows: | ||
Sec. 328.0041. 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. 328.0051. 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. | ||
SECTION 5. Section 328.007, Government Code, is repealed. | ||
SECTION 6. Not later than January 1, 2014, the speaker of | ||
the house of representatives and the lieutenant governor shall | ||
conform their respective appointments to the Criminal Justice | ||
Legislative Oversight Committee as necessary to meet the | ||
requirements of Section 328.002(b), Government Code, as amended by | ||
this Act. | ||
SECTION 7. 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. |