HBA-MPA H.B. 2469 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2469 By: Ramsay County Affairs 3/13/1999 Introduced BACKGROUND AND PURPOSE Currently, the law affecting jails differentiates between existing and new facilities. H.B. 2469 clarifies issues affecting new construction and is consistent with past interpretation of statutes as standards for new construction were promulgated. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 351.007(a) and (b), Local Government Code, to provide that a county jail cell for one person must have a clear floor area of 40 square feet or more. Provides that any other housing area or day room, rather than cell, compartment, dormitory, must have clear floor area of 18 square feet or more for each prisoner to be confined in the area or room. Deletes inclusion of a safety vestibule in the area or room. SECTION 2. Amends Section 351.011(b), Local Government Code, to provide that a housing area, rather than county jail cell, compartment, or dormitory, designed for three or more prisoners must have one toilet and one combination sink and drinking fountain for every eight, rather than 12 prisoners to be confined in the area, rather than room. SECTION 3. Amends Section 351.012(a), Local Government Code, to provide that a day room in a county jail designed for three or more prisoner must have one toilet, one combination sink and drinking fountain, and one shower for every eight, rather than 12, prisoners to be confined in the room. SECTION 4. Amends Section 351.014(d), Local Government Code, to require a clear floor area of 40 square feet for each person held under this section (Holding Insane Persons) in a special enclosure or room for that purpose. Deletes a provision that the special enclosure or room must contain one hammock made of elastic or fibrous material not less than two feet, three inches wide and six feet, three inches long. Makes a conforming change. SECTION 5. Amends Section 351.101, Local Government Code, to delete the restriction to low risk county inmates, on the inmates who the commissioners court of a county, with the county sheriff's approval, may contract to place with a private organization operating a detention facility. SECTION 6. Effective date: September 1, 1999. SECTION 7. Emergency clause.