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 (S.B. 1009), 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 (S.B. 1009), 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 (S.B. 1009), 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 (S.B. 1009), 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 (S.B. 1009), 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 (S.B. 1009), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), 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 (S.B. 1009), 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 (S.B. 1009), Sec. 8, eff. September 1, 2009.
Sec.511.009.GENERAL DUTIES.
(a)The commission shall:
(1)adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails;