CHAPTER 511. COMMISSION ON JAIL STANDARDS
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 511. COMMISSION ON JAIL STANDARDS
Sec. 511.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Commission on Jail Standards.
(2) "Correctional facility" means a facility operated by a
county, a municipality, or a private vendor for the confinement
of a person arrested for, charged with, or convicted of a
criminal offense.
(3) "County jail" means a facility operated by or for a county
for the confinement of persons accused or convicted of an
offense.
(4) "Executive director" means the executive director of the
commission.
(5) "Federal prisoner" means a person arrested for, charged
with, or convicted of a violation of a federal law.
(6) "Inmate" means a person arrested for, charged with, or
convicted of a criminal offense of this state or another state of
the United States and confined in a county jail, a municipal
jail, or a correctional facility operated by a county, a
municipality, or a private vendor.
(7) "Prisoner" means a person confined in a county jail.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 259, Sec. 1, eff.
Sept. 1, 1997.
Sec. 511.002. COMMISSION. The Commission on Jail Standards is
an agency of the state.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989.
Sec. 511.003. SUNSET PROVISION. The Commission on Jail
Standards is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the
commission is abolished and this chapter expires September 1,
2021.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 1, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.03,
eff. Nov. 12, 1991; Acts 1997, 75th Leg., ch. 259, Sec. 2, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 1, eff. September 1, 2009.
Sec. 511.004. MEMBERSHIP; TERMS; VACANCIES. (a) The commission
consists of nine members appointed by the governor with the
advice and consent of the senate. One member must be a sheriff of
a county with a population of more than 35,000, one must be a
sheriff of a county with a population of 35,000 or less, one must
be a county judge, one must be a county commissioner, one must be
a practitioner of medicine licensed by the Texas State Board of
Medical Examiners, and the other four must be representatives of
the general public. At least one of the four citizen members must
be from a county with a population of 35,000 or less.
(b) The sheriffs, county judge, and county commissioner
appointed to the commission shall perform the duties of a member
in addition to their other duties.
(c) Members serve for terms of six years with the terms of
one-third of the members expiring on January 31 of each
odd-numbered year.
(d) If a sheriff, county judge, or county commissioner member of
the commission ceases to be sheriff, county judge, or county
commissioner, the person's position on the commission becomes
vacant.
(e) A person appointed to fill a vacancy must have the same
qualifications for appointment as the member who vacated the
position.
(f) Appointments to the commission shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
(g) A person is not eligible for appointment as a public member
of the commission if the person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of law enforcement;
(2) is employed by or participates in the management of a
business entity, county jail, or other organization regulated by
the commission or receiving funds from the commission;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the commission or receiving funds from the
commission; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the commission, other than compensation
or reimbursement authorized by law for commission membership,
attendance, or expenses.
(h) A person who is appointed to and qualifies for office as a
member of the commission may not vote, deliberate, or be counted
as a member in attendance at a meeting of the commission until
the person completes a training program that complies with
Subsection (i).
(i) The training program required by Subsection (h) must provide
information to the person regarding:
(1) this chapter;
(2) the programs, functions, rules, and budget of the
commission;
(3) the results of the most recent formal audit of the
commission;
(4) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(5) any applicable ethics policies adopted by the commission or
the Texas Ethics Commission.
(j) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
required by Subsection (h) regardless of whether attendance at
the program occurs before or after the person qualifies for
office.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 2, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 259, Sec. 3, eff. Sept.
1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 2, eff. September 1, 2009.
Sec. 511.0041. REMOVAL OF COMMISSION MEMBERS. (a) It is a
ground for removal from the commission if a member:
(1) does not have at the time of taking office the
qualifications required by Section 511.004;
(2) does not maintain during service on the commission the
qualifications required by Section 511.004;
(3) is ineligible for membership under Section 511.004(g) or
511.0042;
(4) cannot discharge the member's duties for a substantial part
of the term for which the member is appointed because of illness
or disability; or
(5) is absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend during
a calendar year without an excuse approved by a majority vote of
the commission.
(b) The validity of an action of the commission is not affected
by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the commission of the ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the commission, who shall notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 3, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 259, Sec. 4, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 3, eff. September 1, 2009.
Sec. 511.0042. CONFLICT OF INTEREST. (a) A person may not be a
member of the commission and may not be a commission employee
employed in a "bona fide executive, administrative, or
professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of county corrections; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of county
corrections.
(b) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(c) A person may not be a member of the commission or act as the
general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 4, eff. Sept. 1,
1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 4, eff. September 1, 2009.
Sec. 511.005. PRESIDING OFFICER; ASSISTANT PRESIDING OFFICER.
(a) The governor shall designate one member of the commission as
the presiding officer of the commission to serve in that capacity
at the pleasure of the governor.
(b) The commission biennially shall elect from the membership an
assistant presiding officer. The assistant presiding officer
serves in that capacity for a period of two years expiring
February 1 of each odd-numbered year.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 5, eff.
Sept. 1, 1991.
Sec. 511.006. MEETINGS; RULES. (a) The commission shall hold a
regular meeting each calendar quarter and may hold special
meetings at the call of the presiding officer or on the written
request of three members. If the presiding officer is absent, the
assistant presiding officer shall preside at a meeting.
(b) The commission shall adopt, amend, and rescind rules for the
conduct of its proceedings.
(c) The commission shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the commission and to speak on any issue under the jurisdiction
of the commission.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 6, eff.
Sept. 1, 1991.
Sec. 511.0061. USE OF TECHNOLOGY. The commission shall
implement a policy requiring the commission to use appropriate
technological solutions to improve the commission's ability to
perform its functions. The policy must ensure that the public is
able to interact with the commission on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 5, eff. September 1, 2009.
Sec. 511.007. COMPENSATION; REIMBURSEMENT. A member of the
commission is not entitled to compensation but is entitled to
reimbursement for actual and necessary expenses incurred in
performing official duties.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989.
Sec. 511.0071. COMPLAINTS AND ACCESS. (a) The commission shall
prepare information of public interest describing the functions
of the commission and the commission's procedures by which
complaints regarding the commission and complaints regarding
jails under the commission's jurisdiction are filed with and
resolved by the commission. The commission shall make the
information available:
(1) to the public, inmates, county officials, and appropriate
state agencies; and
(2) on any publicly accessible Internet website maintained by
the commission.
(a-1) The commission shall adopt rules and procedures regarding
the receipt, investigation, resolution, and disclosure to the
public of complaints regarding the commission and complaints
regarding jails under the commission's jurisdiction that are
filed with the commission. The commission shall:
(1) prescribe a form or forms on which written complaints
regarding the commission and complaints regarding jails under the
commission's jurisdiction may be filed with the commission;
(2) keep an information file in accordance with Subsection (f)
regarding each complaint filed with the commission regarding the
commission or a jail under the commission's jurisdiction;
(3) develop procedures for prioritizing complaints filed with
the commission and a reasonable time frame for responding to
those complaints;
(4) maintain a system for promptly and efficiently acting on
complaints filed with the commission;
(5) develop a procedure for tracking and analyzing all
complaints filed with the commission, according to criteria that
must include:
(A) the reason for or origin of complaints;
(B) the average number of days that elapse between the date on
which complaints are filed, the date on which the commission
first investigates or otherwise responds to complaints, and the
date on which complaints are resolved;
(C) the outcome of investigations or the resolution of
complaints, including dismissals and commission actions resulting
from complaints;
(D) the number of pending complaints at the close of each fiscal
year; and
(E) a list of complaint topics that the commission does not have
jurisdiction to investigate or resolve; and
(6) regularly prepare and distribute to members of the
commission a report containing a summary of the information
compiled under Subdivision (5).
(b) The commission shall prepare and maintain a written plan
that describes how a person who does not speak English or who has
a physical, mental, or developmental disability can be provided
reasonable access to the commission programs.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1215, Sec. 13,
eff. September 1, 2009.
(d) The commission shall adopt rules and procedures regarding
the referral of a complaint filed with the commission from or
related to a prisoner to the appropriate local agency for
investigation and resolution. The commission may perform a
special inspection of a facility named in the complaint to
determine compliance with commission requirements.
(e) If a written complaint is filed with the commission that the
commission has authority to resolve, the commission at least
quarterly and until final disposition of the complaint shall
notify the parties to the complaint of the status of the
complaint, unless the notice would jeopardize an undercover
investigation. This subsection does not apply to a complaint
referred to a local agency under Subsection (d).
(f) The commission shall collect and maintain information about
each complaint received by the commission regarding the
commission or a jail under the commission's jurisdiction,
including:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) for a complaint for which the agency took no action, an
explanation of the reason the complaint was closed without
action.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 7, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 259, Sec. 5, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 13, eff. September 1, 2009.
Sec. 511.008. DIRECTOR; STAFF. (a) The commission shall employ
an executive director who is the chief executive officer of the
commission and who serves at the will of the commission. The
executive director is subject to the policy direction of the
commission.
(b) The executive director may employ personnel as necessary to
enforce and administer this chapter.
(c) The executive director and employees are entitled to
compensation and expenses as provided by legislative
appropriation.
(d) The commission shall provide to its members and employees,
as often as necessary, information regarding their qualifications
for office or employment under this chapter and their
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
(e) The commission shall develop and implement policies that
clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
(f) The executive director or the executive director's designee
shall develop an intraagency career ladder program. The program
shall require intraagency postings of all nonentry level
positions concurrently with any public posting.
(g) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for commission employees must be based on the system
established under this subsection.
(h) The executive director or the executive director's designee
shall prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the commission work force that
meets federal and state laws, rules, regulations, and
instructions directly adopted under those laws, rules, or
regulations;
(3) procedures by which a determination can be made about the
extent of underuse in the commission work force of all persons
for whom federal or state laws, rules, regulations, and
instructions directly adopted under those laws, rules, or
regulations encourage a more equitable balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(i) A policy statement prepared under Subsection (h) must cover
an annual period, be updated at least annually and reviewed by
the Commission on Human Rights for compliance with Subsection
(h)(1), and be filed with the governor's office.
(j) The governor's office shall deliver a biennial report to the
legislature based on the information received under Subsection
(i). The report may be made separately or as a part of other
biennial reports made to the legislature.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 8, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 259, Sec. 6, eff. Sept.
1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 7, eff. September 1, 2009.
Sec. 511.0085. RISK FACTORS; RISK ASSESSMENT PLAN. (a) The
commission shall develop a comprehensive set of risk factors to
use in assessing the overall risk level of each jail under the
commission's jurisdiction. The set of risk factors must include:
(1) a history of the jail's compliance with state law and
commission rules, standards, and procedures;
(2) the population of the jail;
(3) the number and nature of complaints regarding the jail,
including complaints regarding a violation of any required ratio
of correctional officers to inmates;
(4) problems with the jail's internal grievance procedures;
(5) available mental and medical health reports relating to
inmates in the jail, including reports relating to infectious
disease or pregnant inmates;
(6) recent turnover among sheriffs and jail staff;
(7) inmate escapes from the jail;
(8) the number and nature of inmate deaths at the jail,
including the results of the investigations of those deaths; and
(9) whether the jail is in compliance with commission rules,
standards developed by the Texas Correctional Office on Offenders
with Medical or Mental Impairments, and the requirements of
Article 16.22, Code of Criminal Procedure, regarding screening
and assessment protocols for the early identification of and
reports concerning persons with mental illness.
(b) The commission shall use the set of risk factors developed
under Subsection (a) to guide the inspections process for all
jails under the commission's jurisdiction by:
(1) establishing a risk assessment plan to use in assessing the
overall risk level of each jail; and
(2) regularly monitoring the overall risk level of each jail.
Added by Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 8, eff. September 1, 2009.
Sec. 511.009. GENERAL DUTIES.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
977, Sec. 1
(a) The commission shall:
(1) adopt reasonable rules and procedures establishing minimum
standards for the construction, equipment, maintenance, and
operation of county jails;
(2) adopt reasonable rules and procedures establishing minimum
standards for the custody, care, and treatment of prisoners;
(3) adopt reasonable rules establishing minimum standards for
the number of jail supervisory personnel and for programs and
services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures establishing minimum
requirements for programs of rehabilitation, education, and
recreation in county jails;
(5) revise, amend, or change rules and procedures if necessary;
(6) provide to local government officials consultation on and
technical assistance for county jails;
(7) review and comment on plans for the construction and major
modification or renovation of county jails;
(8) require that the sheriff and commissioners of each county
submit to the commission, on a form prescribed by the commission,
an annual report on the conditions in each county jail within
their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8) and
require commission employees to inspect county jails regularly to
ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs and judges
in determining which defendants are low-risk and consequently
suitable participants in a county jail work release program under
Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for segregation of
classes of inmates and to capacities for county jails;
(12) require that the chief jailer of each municipal lockup
submit to the commission, on a form prescribed by the commission,
an annual report of persons under 17 years of age securely
detained in the lockup, including all information necessary to
determine compliance with state law concerning secure confinement
of children in municipal lockups;
(13) at least annually determine whether each county jail is in
compliance with the rules and procedures adopted under this
chapter;
(14) require that the sheriff and commissioners court of each
county submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the county jail, including all information
necessary to determine compliance with state law concerning
secure confinement of children in county jails;
(15) schedule announced and unannounced inspections of jails
under its jurisdiction based on the jail's history of compliance
with commission standards and other high-risk factors identified
by the commission; and
(16) adopt reasonable rules and procedures establishing minimum
requirements for county jails to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan addresses
medical and mental health care, including nutritional
requirements, and any special housing or work assignment needs
for persons who are confined in the jail and are known or
determined to be pregnant.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 9
(a) The commission shall:
(1) adopt reasonable rules and procedures establishing minimum
standards for the construction, equipment, maintenance, and
operation of county jails;
(2) adopt reasonable rules and procedures establishing minimum
standards for the custody, care, and treatment of prisoners;
(3) adopt reasonable rules establishing minimum standards for
the number of jail supervisory personnel and for programs and
services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures establishing minimum
requirements for programs of rehabilitation, education, and
recreation in county jails;
(5) revise, amend, or change rules and procedures if necessary;
(6) provide to local government officials consultation on and
technical assistance for county jails;
(7) review and comment on plans for the construction and major
modification or renovation of county jails;
(8) require that the sheriff and commissioners of each county
submit to the commission, on a form prescribed by the commission,
an annual report on the conditions in each county jail within
their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8) and
require commission employees to inspect county jails regularly to
ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs and judges
in determining which defendants are low-risk and consequently
suitable participants in a county jail work release program under
Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for segregation of
classes of inmates and to capacities for county jails;
(12) require that the chief jailer of each municipal lockup
submit to the commission, on a form prescribed by the commission,
an annual report of persons under 17 years of age securely
detained in the lockup, including all information necessary to
determine compliance with state law concerning secure confinement
of children in municipal lockups;
(13) at least annually determine whether each county jail is in
compliance with the rules and procedures adopted under this
chapter;
(14) require that the sheriff and commissioners court of each
county submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the county jail, including all information
necessary to determine compliance with state law concerning
secure confinement of children in county jails;
(15) schedule announced and unannounced inspections of jails
under the commission's jurisdiction using the risk assessment
plan established under Section 511.0085 to guide the inspections
process;
(16) adopt a policy for gathering and distributing to jails
under the commission's jurisdiction information regarding:
(A) common issues concerning jail administration;
(B) examples of successful strategies for maintaining compliance
with state law and the rules, standards, and procedures of the
commission; and
(C) solutions to operational challenges for jails;
(17) report to the Texas Correctional Office on Offenders with
Medical or Mental Impairments on a jail's compliance with Article
16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures establishing minimum
requirements for jails to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan addresses
medical and mental health care, including nutritional
requirements, and any special housing or work assignment needs
for persons who are confined in the jail and are known or
determined to be pregnant; and
(19) provide guidelines to sheriffs regarding contracts between
a sheriff and another entity for the provision of food services
to or the operation of a commissary in a jail under the
commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety.
(b) A commission rule or procedure is not unreasonable because
compliance with the rule or procedure requires major modification
or renovation of an existing jail or construction of a new jail.
(c) At any time and on the application of the county
commissioners court or sheriff, the commission may grant
reasonable variances, including variances that are to last for
the life of a facility, clearly justified by the facts, for
operation of a facility not in strict compliance with state law.
A variance may not permit unhealthy, unsanitary, or unsafe
conditions.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 171, Sec. 1, eff. Aug.
28, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 89, eff. Jan. 1,
1996; Acts 1995, 74th Leg., ch. 722, Sec. 2, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 165, Sec. 12.30, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 259, Sec. 7, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1092, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1094, Sec. 8, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
977, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 9, eff. September 1, 2009.
Sec. 511.0091. FEES; INSPECTION ACCOUNT. (a) The commission
shall set and collect reasonable fees to cover the cost of
performing the following services for municipal jails operated
for a municipality by a private vendor or for county jails,
whether financed, purchased, designed, constructed, leased,
operated, maintained, or managed for the county by a private
vendor or provided entirely by the county:
(1) review of and comment on construction documents for new
facilities or expansion projects;
(2) performance of occupancy inspections; and
(3) performance of annual inspections.
(b) The commission may collect a fee under Subsection (a)(1)
only for the review of and comment on construction documents for
a jail for which the commission projects:
(1) a rated capacity of 100 or more prisoners; and
(2) an annual average jail population of prisoners sentenced by
jurisdictions other than the courts of this state that is 30
percent or more of the total population of the jail.
(c) The commission may collect a fee under Subsection (a)(2) or
(a)(3) only for the performance of an inspection of a jail that
during the year in which the inspection is performed:
(1) has a rated capacity of 100 or more prisoners; and
(2) the commission projects as having an annual average jail
population of prisoners sentenced by jurisdictions other than the
courts of this state that is 30 percent or more of the total
population of the jail.
(c-1) In addition to the other fees authorized by this section,
the commission may set and collect a reasonable fee to cover the
cost of performing any reinspection of a municipal or county jail
described by Subsection (a) that is conducted by the commission:
(1) following a determination by the commission that the jail is
not in compliance with minimum standards; and
(2) in response to a request by the operator of the jail for an
inspection.
(d) All money paid to the commission under this chapter:
(1) is subject to Subchapter F, Chapter 404; and
(2) shall be deposited to the credit of a special account in the
general revenue fund to be appropriated only to pay costs
incurred by the commission in performing services under this
section.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 9, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 259, Sec. 8, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
359, Sec. 1, eff. September 1, 2005.
Sec. 511.0092. CONTRACTS FOR OUT-OF-STATE INMATES. (a) The
only entities other than the state that are authorized to operate
a correctional facility to house in this state inmates convicted
of offenses committed against the laws of another state of the
United States are:
(1) a county or municipality; and
(2) a private vendor operating a correctional facility under a
contract with a county under Subchapter F, Chapter 351, Local
Government Code, or a municipality under Subchapter E, Chapter
361, Local Government Code.
(b) A county commissioners court or the governing body of a
municipality may enter into a contract with another state or a
jurisdiction in another state for the purpose described by
Subsection (a) only if:
(1) the county or municipality submits to the commission:
(A) a statement of the custody level capacity and availability
in the correctional facility that will house the inmates; and
(B) a written plan explaining the procedure to be used to
coordinate law enforcement activities in response to any riot,
rebellion, escape, or other emergency situation occurring in the
facility; and
(2) the commission:
(A) inspects the facility and reviews the statement and plan
submitted under Subdivision (1); and
(B) after the inspection and review, determines that the
correctional facility is a proper facility for housing the
inmates and provides the county or municipality with a copy of
that determination.
(c) A private vendor operating a correctional facility in this
state may not enter into a contract for the purposes of
Subsection (a) with another state or a jurisdiction in another
state.
(d) A contract described by Subsection (b) must provide that:
(1) each correctional facility in which inmates are to be housed
meets minimum standards established by the commission;
(2) each inmate to be released from custody must be released in
the sending state;
(3) before transferring an inmate, the receiving facility shall
review for compliance with the commission's classification
standards:
(A) all records concerning the sending state's classification of
the inmate, including records relating to the inmate's conduct
while confined in the sending state; and
(B) appropriate medical information concerning the inmate,
including certification of tuberculosis screening or treatment;
(4) except as provided by Subsection (e), the sending state will
not transfer and the receiving facility will not accept an inmate
who has a record of institutional violence involving the use of a
deadly weapon or a pattern of violence while confined in the
sending state or a record of escape or attempted escape from
secure custody;
(5) the receiving entity will determine the inmate's custody
level in accordance with commission rules, in order to ensure
that the custody level assignments for the facility as a whole
are compatible with the construction security level availability
in the facility; and
(6) the receiving facility is entitled to terminate at will the
contract by providing the sending state with 90 days' notice of
the intent to terminate the contract.
(e) The commission may waive the requirement that a contract
contain the provision described by Subsection (d)(4) if the
commission determines that the receiving facility is capable of
confining an inmate described by Subsection (d)(4).
(f) A county, municipality, or private vendor operating under a
contract described by Subsection (b) shall:
(1) send a copy of the contract to the commission;
(2) require all employees at the facility to maintain
certification as required by the Commission on Law Enforcement
Officer Standards and Education;
(3) submit to inspections by the commission; and
(4) immediately notify the commission of any riot, rebellion,
escape, or other emergency situation occurring at the facility.
(g) The commission may require the sending state or an entity
described in Subsection (a) to reimburse the state for any cost
incurred by a state agency in responding to any riot, rebellion,
escape, or other emergency situation occurring at the facility.
(h) Notwithstanding the provisions of Chapter 252, Chapter 262,
Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local
Government Code, the governing body of a municipality or a county
commissioners court may enter into a contract with a private
vendor to provide professional services under this section if the
commission reviews and approves the private vendor's
qualifications to provide such services and the terms of the
proposed contract comply with this section.
(i) Chapter 1702, Occupations Code, does not apply to an
employee of a facility in the actual discharge of duties as an
employee of the facility if the employee is required by
Subsection (f)(2) or by Section 1701.406, Occupations Code, to
maintain certification from the Commission on Law Enforcement
Officer Standards and Education.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.764,
eff. Sept. 1, 2001.
Sec. 511.0093. RULES AND FEES RELATED TO OUT-OF-STATE INMATES.
(a) The commission may impose a fee on a private vendor that
operates a correctional facility housing prisoners from
jurisdictions other than this state. The fee must reasonably
compensate the commission for the cost of regulating and
providing technical assistance to the facility.
(b) The commission may adopt rules regulating the number of
federal prisoners and prisoners from jurisdictions other than
Texas that are housed in a county jail, a municipal jail, or a
correctional facility operated by a private vendor under contract
with a municipality if the jail or correctional facility houses
state, county, or municipal prisoners or prisoners of another
state of the United States.
(c) The commission may adopt other rules regulating jails or
correctional facilities described by Subsection (b) as necessary
to protect the health and safety of prisoners described by
Subsection (b), local and Texas prisoners, jail personnel, and
the public.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1,
1997.
Sec. 511.0094. EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES
HOUSING ONLY FEDERAL PRISONERS. The provisions of this chapter
do not apply to a correctional facility contracting to house only
federal prisoners and operating pursuant to a contract between a
unit of the federal government and a county, a municipality, or a
private vendor. If a county, municipality, or private vendor
contracts to house or begins to house state, county, or municipal
prisoners or prisoners of another state of the United States, it
shall report to the commission before placing such inmates in a
correctional facility housing only federal prisoners.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 755, Sec. 1, eff.
Sept. 1, 2003.
Sec. 511.0095. AUTHORITY TO HOUSE OUT-OF-STATE INMATES. Nothing
in this chapter shall be construed to limit the authority of the
state granted under Article 42.19, Code of Criminal Procedure, or
other applicable law to house in this state inmates convicted of
offenses committed against the laws of another state of the
United States.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1,
1997.
Sec. 511.0096. TERMINATION OF CONTRACTS FOR OUT-OF-STATE
INMATES. The commission may require the receiving facility to
terminate a contract under Section 511.0092(d)(6), if the
commission determines that the receiving facility is needed to
house inmates convicted of offenses against the laws of the state
and funds have been appropriated by the state to compensate the
receiving facility for the incarceration of the inmates.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1,
1997.
Sec. 511.0097. FIRE SPRINKLER HEAD INSPECTION. (a) On the
request of a sheriff, the commission shall inspect a facility to
determine whether there are areas in the facility in which fire
sprinkler heads should not be placed as a fire prevention
measure. In making a decision under this section, the commission
shall consider:
(1) the numbers and types of inmates having access to the area;
(2) the likelihood that an inmate will attempt to vandalize the
fire sprinkler system or commit suicide by hanging from a
sprinkler head; and
(3) the suitability of other types of fire prevention and smoke
dispersal devices available for use in the area.
(b) If the commission determines that fire sprinkler heads
should not be placed in a particular area within a facility,
neither a county fire marshal nor a municipal officer charged
with enforcing ordinances related to fire safety may require the
sheriff to install sprinkler heads in that area.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.008(a), eff.
Sept. 1, 2003.
Sec. 511.010. GATHERING OF INFORMATION. (a) The commission
shall be granted access at any reasonable time to a county jail
and to books, records, and data relating to a county jail that
the commission or executive director considers necessary to
administer the commission's functions, powers, and duties.
(b) The county commissioners and sheriff of each county shall
furnish the commission, a member of the commission, the executive
director, or an employee designated by the executive director any
information that the requesting person states is necessary for
the commission to:
(1) discharge its functions, powers, and duties;
(2) determine whether the commission's rules are being observed
or whether its orders are being obeyed; and
(3) otherwise implement this chapter.
(c) To carry out its functions, powers, and duties, the
commission may:
(1) issue subpoenas and subpoenas duces tecum to compel
attendance of witnesses and the production of books, records, and
documents;
(2) administer oaths; and
(3) take testimony concerning all matters within its
jurisdiction.
(d) The commission is not bound by strict rules of evidence or
procedure in the conduct of its proceedings, but its
determinations must be founded on sufficient legal evidence.
(e) The commission may delegate to the executive director the
authority conferred by this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989.
Sec. 511.0101. JAIL POPULATION REPORTS.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
977, Sec. 2
(a) Each county shall submit to the commission on or before the
fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county jail on the
first day of the month, classified on the basis of the following
categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been reduced to a
misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the institutional division of
the Texas Department of Criminal Justice following conviction of
a felony or revocation of probation, parole, or release on
mandatory supervision and for whom paperwork and processing
required for transfer have been completed;
(L) prisoners detained after having been transferred from
another jail and for whom the commission has made a payment under
Subchapter F, Chapter 499, Government Code;
(M) prisoners who are known to be pregnant; and
(N) other prisoners;
(2) the total capacity of the county jail on the first day of
the month; and
(3) certification by the reporting official that the information
in the report is accurate.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 10
(a) Each county shall submit to the commission on or before the
fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county jail on the
first day of the month, classified on the basis of the following
categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been reduced to a
misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the institutional division of
the Texas Department of Criminal Justice following conviction of
a felony or revocation of probation, parole, or release on
mandatory supervision and for whom paperwork and processing
required for transfer have been completed;
(L) prisoners detained after having been transferred from
another jail and for whom the commission has made a payment under
Subchapter F, Chapter 499, Government Code; and
(M) other prisoners;
(2) the total capacity of the county jail on the first day of
the month;
(3) the total number of prisoners who were confined in the
county jail during the preceding month, based on a count
conducted on each day of that month, who were known or had been
determined to be pregnant; and
(4) certification by the reporting official that the information
in the report is accurate.
(b) The commission shall prescribe a form for the report
required by this section. If the report establishes that a county
jail has been operated in excess of its total capacity for three
consecutive months, the commission may consider adoption of an
order to prohibit confinement of prisoners in the county jail
under Section 511.012.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 18.01, eff.
Oct. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1368, Sec. 1,
eff. June 20, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
977, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 10, eff. September 1, 2009.
Sec. 511.011. REPORT ON NONCOMPLIANCE. If the commission finds
that a county jail does not comply with state law, including
Chapter 89, Health and Safety Code, or the rules, standards, or
procedures of the commission, it shall report the noncompliance
to the county commissioners and sheriff of the county responsible
for the county jail and shall send a copy of the report to the
governor.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 348, Sec. 12, eff.
Sept. 1, 1997.
Sec. 511.0115. PUBLIC INFORMATION ABOUT COMPLIANCE STATUS OF
JAILS. The commission shall provide information to the public
concerning whether jails under the commission's jurisdiction are
in compliance with state law and the rules, standards, and
procedures of the commission:
(1) on any publicly accessible Internet website maintained by
the commission; and
(2) through other formats, including newsletters or press
releases, as determined by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 11, eff. September 1, 2009.
Sec. 511.012. FAILURE TO COMPLY AFTER REPORT. (a) The
commission shall grant the county or sheriff a reasonable period
of not more than one year after the date of the report under
Section 511.011 to comply with commission rules and procedures
and state law.
(b) If the county commissioners or sheriff does not comply
within the period granted by the commission, the commission by
order may prohibit confinement of prisoners in the county jail.
In that event, the commission shall furnish the sheriff with a
list of qualified detention facilities to which the prisoners may
be transferred for confinement. Immediately on issuance of the
commission's order, the sheriff shall transfer the number of
prisoners necessary to bring the county jail into compliance to a
detention facility that agrees to accept the prisoners. The
agreement must be in writing and signed by the sheriffs of the
counties transferring and receiving the prisoners. A county
transferring prisoners under this section shall remove the
prisoners from the receiving facility immediately on request of
the sheriff of the receiving county.
(c) The county transferring prisoners under this section is
liable for payment of the costs of transportation for, and
maintenance of, transferred prisoners. These costs shall be
determined by agreement between the participating counties and
shall be paid into the treasury of the entity operating the
detention facility receiving the prisoners.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 1092, Sec. 2, eff.
June 20, 2003.
Sec. 511.0121. FAILURE TO COOPERATE IN PAROLE IN ABSENTIA
PROGRAM. The Texas Board of Criminal Justice shall notify the
commission of the failure of a county to fully cooperate with
employees of the institutional division of the Texas Department
of Criminal Justice in evaluating inmates for release on parole
from the county jail. On such notification, the commission shall
find the county in noncompliance for the purpose of this chapter
and may invoke a remedy as provided by Section 511.012.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.07, eff.
Aug. 29, 1991.
Sec. 511.013. APPEAL OF ORDER. (a) A county commissioner or
sheriff may seek review of an order issued under Section
511.012(b) by making a written request to the executive director
for a contested case hearing not later than the 30th day after
the date of receipt of the order.
(b) Procedure and practice in a contested case hearing is
governed by Chapter 2001 and the rules of the commission.
(c) After the contested case hearing, judicial review of the
final decision of the commission is governed by Subchapter G,
Chapter 2001.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 1092, Sec. 3, eff.
June 20, 2003.
Sec. 511.014. ACTION TO ENFORCE. (a) Instead of closing a
county jail, the commission may bring an action in its own name
to enforce or enjoin a violation of Subchapter A, Chapter 351,
Local Government Code, Chapter 89, Health and Safety Code, or a
commission rule, order, or procedure. The action is in addition
to any other action, proceeding, or remedy provided by law. The
court shall give preferential setting and shall try the action
without a jury, unless the county requests a jury trial. The
attorney general shall represent the commission.
(b) The suit may be brought in a district court of Travis
County.
(c) The court shall issue an injunction ordering compliance with
commission rules and procedures and state law if it finds that:
(1) the operation of the county jail does not comply with the
rules and procedures or state law; and
(2) the county commissioners or sheriff, having been given a
reasonable period to comply, has failed to comply with the rules
and procedures.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 348, Sec. 13, eff.
Sept. 1, 1997.
Sec. 511.015. ANNUAL REPORTS. (a) Before February 1 of each
year the commission shall submit to the governor and the
presiding officer of each house of the legislature a report on
its operations, its findings concerning county jails during the
preceding year, and recommendations that it considers
appropriate.
(b) The commission shall file annually with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must be in the form and reported in the time
provided by the General Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 10, eff.
Sept. 1, 1991.
Sec. 511.016. AUDITS. (a) Each county auditor shall provide
the commission with a copy of each audit of the county jail's
commissary operations the auditor performs under Section
351.0415, Local Government Code, and a copy of the annual
financial audit of general operations of the county jail. The
county auditor shall provide a copy of an audit not later than
the 10th day after completing the audit.
(b) At the request of the commissioners court or a sheriff or on
the commission's own initiative, the commission shall conduct an
audit of staffing matters at a county jail.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 18.02, eff.
Oct. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
230, Sec. 1, eff. May 25, 2007.
Sec. 511.017. DUTIES RELATED TO STATE JAIL FELONY FACILITIES AND
INSTITUTIONAL DIVISION TRANSFER FACILITIES. (a) In this
section:
(1) "State jail division" means the state jail division of the
Texas Department of Criminal Justice.
(2) "State jail felony facility" means a state jail felony
facility authorized by Subchapter A, Chapter 507.
(3) "Transfer facility" means a transfer facility operated by
the institutional division of the Texas Department of Criminal
Justice under Subchapter G, Chapter 499.
(b) The commission shall provide the state jail division with
consultation and technical assistance relating to the operation
and construction of state jail felony facilities.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.09, eff. Sept. 1,
1993.
Sec. 511.018. ALTERNATIVE DISPUTE RESOLUTION. (a) The
commission shall develop and implement a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter 2008 for the
adoption of commission rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009 to assist in the resolution of internal and external
disputes under the commission's jurisdiction.
(b) The commission's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch.
1215, Sec. 12, eff. September 1, 2009.