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


Office of House Bill AnalysisC.S.H.B. 2469
By: Ramsay
County Affairs
3/29/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the law affecting jails differentiates between existing and new
facilities.  C.S.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 prisoners must
have one toilet, and one combination sink and drinking fountain for every
eight prisoners, and one shower for every 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.  Provides that the change in law made by this Act applies only
to a county jail on which the initial construction was begun after December
23, 1976.  For a county jail on which construction was begun on or before
that date the law in effect immediately before the effective date of this
Act applies. 

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 3 by amending Section
351.012(a), Local Government Code, to specify that a day room in a county
jail  designed for three or more prisoners must have one toilet and one
combination sink and drinking fountain for every eight prisoners, and a
shower for every 12 prisoners, rather than  requiring a shower for every
eight prisoners as proposed in the original. 

The substitute differs from the original by adding new SECTION 6 to provide
that the change in law made by this Act applies only to a county jail on
which the initial construction was begun after December 23, 1976.  For a
county jail on which construction was begun on or before that date the law
in effect immediately before the effective date of this Act applies. 

Redesignates SECTIONS 6 and 7 to 7 and 8.