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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Department of Criminal |
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Justice Oversight Committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Government Code, is amended |
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by adding Chapter 512 to read as follows: |
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CHAPTER 512. TEXAS DEPARTMENT OF CRIMINAL JUSTICE |
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OVERSIGHT COMMITTEE |
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Sec. 512.001. DEFINITIONS. In this chapter: |
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(1) "Committee" means the Texas Department of Criminal |
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Justice Oversight Committee. |
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(2) "Correctional facility" means a facility operated |
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by or under contract with the department. |
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Sec. 512.002. ESTABLISHMENT; COMPOSITION. (a) The |
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committee is established to provide a continuing program of |
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inspection and oversight for each correctional facility. |
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(b) The committee is composed of eight members as follows: |
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(1) four members of the senate appointed by the |
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lieutenant governor, not more than two of whom are members of the |
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same political party; and |
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(2) four members of the house of representatives |
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appointed by the speaker of the house of representatives, not more |
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than two of whom are members of the same political party. |
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(c) In making appointments to the committee, the lieutenant |
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governor or the speaker of the house of representatives, as |
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applicable, shall give first consideration to members of the Senate |
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Committee on Criminal Justice or the House Committee on |
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Corrections. |
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(d) A member of the committee serves at the pleasure of the |
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appointing official. |
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(e) Not later than the 15th day after the date a regular |
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session of the legislature convenes, the lieutenant governor and |
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the speaker of the house of representatives shall make appointments |
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to the committee under this section. |
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Sec. 512.003. TERMS; VACANCY. (a) Each member of the |
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committee serves a term beginning on the date the member is |
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appointed and ending on the date the next regular session of the |
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legislature convenes, unless the member ceases to be a member of the |
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legislature. |
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(b) If a vacancy occurs during a member's term, the |
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appropriate appointing official shall appoint a qualified person to |
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serve for the unexpired term. |
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Sec. 512.004. PRESIDING OFFICER. (a) The lieutenant |
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governor and the speaker of the house of representatives shall |
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appoint the presiding officer of the committee on an alternating |
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basis. |
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(b) The term of a presiding officer of the committee may not |
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exceed two years. |
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Sec. 512.005. COMPENSATION AND REIMBURSEMENT. A member of |
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the committee serves without compensation for service on the |
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committee but is entitled to reimbursement for travel and other |
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necessary expenses as provided by Chapter 660 and the General |
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Appropriations Act. |
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Sec. 512.006. STAFF; AUTHORITY TO CONTRACT. (a) The |
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committee shall employ a director and other staff and may contract |
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for the provision of services as necessary to carry out the |
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committee's duties. |
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(b) The committee shall direct the work of the director and |
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staff of the committee. |
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(c) The committee may not employ a person who is employed by |
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or affiliated with or who contracts to provide services to: |
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(1) the department, including an ombudsman program |
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operated by the department; or |
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(2) the board. |
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Sec. 512.007. COMPENSATION OF STAFF. (a) The director |
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shall receive a salary and compensation in an amount determined by |
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the presiding officer of the committee. |
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(b) The director shall determine the salaries and |
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compensation of other committee staff. |
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Sec. 512.008. ATTORNEY GENERAL AS LEGAL ADVISOR. The |
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attorney general shall act as legal advisor for the committee. |
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Sec. 512.009. COMMITTEE POWERS AND DUTIES. (a) The |
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committee shall: |
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(1) provide for the regular inspection of each |
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correctional facility; and |
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(2) submit reports to the board and the legislature, |
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in accordance with Subsection (c), that include: |
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(A) the results of the committee's inspections |
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since the most recent inspections included in a report to the board |
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or legislature, as applicable, including an evaluation of the |
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inmate grievance procedure at each inspected facility; and |
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(B) any recommendations concerning policy |
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changes or other means by which to improve the conditions or |
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operations of correctional facilities in this state. |
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(b) The committee shall ensure that: |
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(1) not fewer than a total of 25 correctional |
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facilities are inspected each two-year period, including not fewer |
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than 5 correctional facilities that are operated under contract |
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with the department; and |
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(2) each inspection includes one or more visitations |
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during: |
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(A) a general meal period; and |
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(B) a rehabilitative or educational program. |
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(c) The committee shall submit a report to: |
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(1) the board once every six months at a regularly |
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scheduled meeting of the board; and |
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(2) the legislature once every two years not later |
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than the 15th day after the date a regular session of the |
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legislature convenes. |
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Sec. 512.010. COMMUNICATION AND CONFIDENTIALITY. (a) The |
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department shall: |
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(1) allow a member of the committee or its staff to |
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access any part of a correctional facility, without advance notice, |
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for the purpose of conducting an inspection; and |
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(2) allow any person imprisoned or confined in a |
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correctional facility, or any correctional officer or other person |
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employed at a correctional facility, to communicate in person, by |
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mail, or by any other means with a member of the committee or its |
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staff. |
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(b) The department may not open or inspect any letter |
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between a member of the committee or its staff and a person |
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imprisoned or confined in a correctional facility. |
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(c) The department may not take any adverse action against a |
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person imprisoned or confined in a correctional facility or |
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employed by a correctional facility as a result of a communication |
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between the person and a member of the committee or its staff. |
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(d) A communication described by Subsection (a)(2) is |
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confidential and not subject to public disclosure under Chapter 552 |
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or other law. |
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Sec. 512.011. PUBLIC AND INMATE AWARENESS. The committee |
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shall make available to the public and any person imprisoned or |
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confined in a correctional facility information regarding: |
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(1) the manner by which the committee may be |
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contacted; and |
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(2) the purpose, duties, and responsibilities of the |
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committee. |
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Sec. 512.012. OTHER LAW. The committee is not subject to |
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Chapter 2110. |
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SECTION 2. Not later than the 60th day after the effective |
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date of this Act, the lieutenant governor and the speaker of the |
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house of representatives shall appoint the initial members to the |
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Texas Department of Criminal Justice Oversight Committee under |
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Chapter 512, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |