HBA-DMH H.B. 2818 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2818
By: Counts
County Affairs
7/16/2001
Enrolled



BACKGROUND AND PURPOSE 

In 1989, the legislature passed maximum inmate population standards for
facilities for which municipalities have contracted out to a county or
private entity to run.  At that time, such a facility had to be designed,
constructed, operated, and maintained to hold not more than an average
daily population of 500 inmates. Privately operated prison facilities are
much larger now than when this population requirement was established.
Population growth in the state over the past 10 years has contributed to an
increasingly large prison population as well as more privately operated
prison facilities.  House Bill 2818 increases from 500 to 2,000 the maximum
average daily inmate population that a facility for which a municipality
has contracted out to a county or private entity must be designed,
constructed, operated, and maintained to hold. 

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. 

ANALYSIS

House Bill 2818 amends the Local Government Code to increase from 500 to
2,000 the maximum daily inmate population that a facility for which a
municipality has contracted out to a county or private entity must be
designed, constructed, operated, and maintained to hold.  The bill deletes
the provision that this population requirement does not apply to a facility
that is under construction or completed before August 3, 1987. 

EFFECTIVE DATE

June 13, 2001.