HBA-MSH H.B. 1890 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1890
By: Lewis, Glenn
County Affairs
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a county sheriff had exclusive control over
the funds of a county jail commissary.  In a large county jail, the
commissary generates significant revenue, creating the opportunity for
mismanagement or abuse, with minimal oversight.  House Bill 1890 grants
authority over a county jail commissary located in a county with a
population of one million or more to the commissioners court of the county. 

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. 

ANALYSIS

House Bill 1890 amends the Local Government Code to provide that in a
county that has a population of one million or more and has two or more
municipalities with a population of 300,000 or more a sheriff does not have
exclusive control of the commissary funds of a county jail.  The bill
provides that new bids to renew the contracts of commissary suppliers are
subject to the approval of the county commissioners court. The bill
prohibits the sheriff of a county from making a disbursement from
commissary proceeds without the approval of the county commissioners court.
The bill requires the sheriff of a county to provide to the county
commissioners court each commissary contract within 10 days after the date
the contract is made. 

The bill repeals a provision that requires the sheriff of a county
containing two or more municipalities each with a population of 250,000 or
more to provide the county commissioners court with each contract the
sheriff makes relating to the commissary. 

EFFECTIVE DATE

September 1, 2001.