HBA-MPA H.B. 2469 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2469
By: Ramsay
County Affairs
3/13/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the law affecting jails differentiates between existing and new
facilities.  H.B. 2469 clarifies issues affecting new construction and is
consistent with past interpretation of statutes as standards for new
construction were promulgated. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 351.007(a) and (b), Local Government Code, to
provide that a county jail cell for one person must have a clear floor area
of 40 square feet or more.  Provides that any other housing area or day
room, rather than cell, compartment, dormitory, must have clear floor area
of 18 square feet or more for each prisoner to be confined in the area or
room.  Deletes inclusion of a safety vestibule in the area or room. 

SECTION 2.  Amends Section 351.011(b), Local Government Code, to provide
that a housing area, rather than county jail cell, compartment, or
dormitory, designed for three or more prisoners must have one toilet and
one combination sink and drinking fountain for every eight, rather than 12
prisoners to be confined in the area, rather than room. 

SECTION 3.  Amends Section 351.012(a), Local Government Code, to provide
that a day room in a county jail designed for three or more prisoner must
have one toilet, one combination sink and drinking fountain, and one shower
for every eight, rather than 12, prisoners to be confined in the room. 

SECTION 4.  Amends Section 351.014(d), Local Government Code, to require a
clear floor area of 40 square feet for each person held under this section
(Holding Insane Persons) in a special enclosure or room for that purpose.
Deletes a provision that the special enclosure or room must contain one
hammock made of elastic or fibrous material not less than two feet, three
inches wide and  six feet, three inches long.  Makes a conforming change. 

SECTION 5.  Amends Section 351.101, Local Government Code, to delete the
restriction to low risk county inmates, on the inmates who the
commissioners court of a county, with the county sheriff's approval, may
contract to place with a private organization operating a detention
facility. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.