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AN ACT
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relating to the confinement in county jail of persons with |
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intellectual or developmental disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 511, Government Code, is amended by |
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adding Section 511.022 to read as follows: |
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Sec. 511.022. ADVISORY COMMITTEE. (a) The commission |
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shall establish an advisory committee to advise the commission and |
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make recommendations on matters related to the confinement in |
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county jail of persons with intellectual or developmental |
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disabilities. |
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(b) The advisory committee consists of 13 members appointed |
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by the presiding officer of the commission, with the commission's |
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approval, as follows: |
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(1) one representative of the commission; |
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(2) one representative of the Department of State |
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Health Services; |
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(3) one representative of the Health and Human |
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Services Commission with expertise in intellectual and |
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developmental disabilities; |
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(4) one representative of the Texas Commission on Law |
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Enforcement; |
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(5) one representative of the Texas Correctional |
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Office on Offenders with Medical or Mental Impairments; |
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(6) one sheriff of a county with a population of 80,000 |
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or more; |
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(7) one sheriff of a county with a population of less |
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than 80,000; |
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(8) two representatives of statewide organizations |
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that advocate for individuals with intellectual and developmental |
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disabilities; |
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(9) one representative who is a mental health |
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professional with a focus on trauma and intellectual and |
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developmental disabilities; |
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(10) one representative from a state supported living |
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center; |
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(11) one member who has an intellectual or |
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developmental disability or whose family member has an intellectual |
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or developmental disability; and |
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(12) one member who represents the public. |
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(c) Members of the advisory committee serve staggered |
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six-year terms, with the terms of three or four members expiring |
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January 31 of each odd-numbered year. If a vacancy occurs during a |
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member's term, the presiding officer of the commission, with the |
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commission's approval, shall appoint a replacement to fill the |
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unexpired term. |
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(d) The presiding officer of the commission shall designate |
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one member of the advisory committee to serve as presiding officer |
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of the committee for a two-year term. |
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(e) The advisory committee shall: |
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(1) gather and review data regarding the confinement |
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in county jails of persons with intellectual or developmental |
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disabilities; and |
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(2) provide recommendations and guidelines to |
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sheriffs and counties regarding the confinement of persons with |
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intellectual or developmental disabilities. |
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(f) Not later than December 1 of each even-numbered year, |
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the advisory committee shall submit a report that includes |
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recommendations for legislative or other action related to the |
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confinement of persons with intellectual or developmental |
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disabilities in county jails to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; and |
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(4) each standing committee of the legislature with |
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primary jurisdiction over the commission. |
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(g) Chapter 2110 does not apply to the size, composition, or |
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duration of the advisory committee or to the designation of the |
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committee's presiding officer. |
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SECTION 2. Chapter 511, Government Code, is amended by |
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adding Section 511.023 to read as follows: |
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Sec. 511.023. INTAKE OF PERSONS WITH INTELLECTUAL OR |
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DEVELOPMENTAL DISABILITIES. (a) The commission, with the |
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assistance of the advisory committee established under Section |
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511.022, shall: |
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(1) monitor the intake processes in county jails to |
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assess each county jail's ability to properly identify persons with |
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intellectual or developmental disabilities; and |
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(2) assist county jails in improving the intake |
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processes with respect to persons with intellectual or |
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developmental disabilities. |
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(b) The commission shall periodically update the intake |
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screening form adopted by the commission for use by county jails as |
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necessary to reflect the recommendations of the advisory committee |
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established under Section 511.022. |
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(c) Not later than December 1, 2022, the commission, with |
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the assistance of the advisory committee established under Section |
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511.022, shall prepare and submit a report to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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each standing committee of the legislature with primary |
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jurisdiction over the commission, and each sheriff that includes: |
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(1) a discussion of any deficiencies in the intake |
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processes that have been identified by the commission; and |
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(2) recommendations to improve county jail practices |
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regarding identifying persons with intellectual or developmental |
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disabilities. |
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(d) This subsection and Subsection (c) expire January 1, |
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2023. |
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SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.269 to read as follows: |
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Sec. 1701.269. TRAINING PROGRAM RELATING TO COUNTY JAILER |
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INTERACTIONS WITH PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL |
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DISABILITIES. (a) The commission and the Commission on Jail |
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Standards shall jointly develop, with the assistance of the |
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advisory committee established under Section 511.022, Government |
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Code, a training program for county jailers that consists of at |
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least four hours of education and training on interacting with a |
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person with an intellectual or developmental disability who is |
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confined in a county jail, including techniques to assess a person |
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for an intellectual or developmental disability. |
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(b) A county jailer who completes the training program may |
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count the hours toward the jailer's continuing education |
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requirements under this chapter. |
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SECTION 4. (a) Not later than January 1, 2022, the |
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presiding officer of the Commission on Jail Standards shall appoint |
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members to the advisory committee created under Section 511.022, |
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Government Code, as added by this Act. |
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(b) Notwithstanding Section 511.022(c), Government Code, as |
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added by this Act, in making the initial appointments to the |
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advisory committee, the presiding officer of the commission shall |
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designate four members to serve terms expiring January 31, 2023, |
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four members to serve terms expiring January 31, 2025, and five |
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members to serve terms expiring January 31, 2027. |
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SECTION 5. The advisory committee created under Section |
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511.022, Government Code, as added by this Act, shall submit its |
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first report under Section 511.022(f), Government Code, as added by |
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this Act, not later than December 1, 2022. |
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SECTION 6. Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement shall develop the training program |
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required by Section 1701.269, Occupations Code, as added by this |
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Act. |
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SECTION 7. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2831 was passed by the House on May |
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11, 2021, by the following vote: Yeas 120, Nays 23, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2831 was passed by the Senate on May |
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27, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |