85R9803 JRR-D     By: Rose H.B. No. 3844       A BILL TO BE ENTITLED   AN ACT   relating to the independent ombudsman for county jails.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle G, Title 4, Government Code, is amended   by adding Chapter 512 to read as follows:   CHAPTER 512. INDEPENDENT OMBUDSMAN FOR COUNTY JAILS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 512.001.  DEFINITIONS. In this chapter:                (1)  "County jail" means a facility operated by or for a   county for the confinement of persons accused or convicted of an   offense.                (2)  "Independent ombudsman" means the individual   appointed under Chapter 261, Human Resources Code, to the office of   independent ombudsman.                (3)  "Office" means the office of independent ombudsman   created under Chapter 261, Human Resources Code.                (4)  "Prisoner" means a person confined in a county   jail.          Sec. 512.002.  PURPOSE. An additional purpose of the office   of independent ombudsman established under Chapter 261, Human   Resources Code, is investigating, evaluating, and securing the   rights of prisoners.          Sec. 512.003.  INDEPENDENCE. The independent ombudsman in   the performance of the ombudsman's duties and powers under this   chapter acts independently of each county under the ombudsman's   oversight, including the commissioners court or sheriff of a county   and any division, department, or other body that is part of a   county.   SUBCHAPTER B. MANAGEMENT OF OFFICE          Sec. 512.051.  CONFLICT OF INTEREST. (a)  In addition to the   reasons specified by Section 261.053, Human Resources Code, a   person may not serve as independent ombudsman or as an assistant to   the independent ombudsman if the person or the person's spouse:                (1)  is employed by or participates in the management   of a business entity or other organization receiving funds from a   sheriff's department;                (2)  owns or controls, directly or indirectly, any   interest in a business entity or other organization receiving funds   from a sheriff's department; or                (3)  uses or receives any amount of tangible goods,   services, or funds from a sheriff's department.          (b)  A person may not serve as independent ombudsman or as an   assistant to the independent ombudsman if the person or the   person's spouse is required to register as a lobbyist under Chapter   305, Government Code, because of the person's activities for   compensation on behalf of a profession related to the operation of a   sheriff's department.          Sec. 512.052.  REPORT. (a)  The independent ombudsman shall   submit on a quarterly basis to the governor, the lieutenant   governor, each member of the legislature, and the Commission on   Jail Standards a report that is both aggregated and disaggregated   by county jail and describes:                (1)  the work of the independent ombudsman under this   chapter;                (2)  the results of any review or investigation   undertaken by the independent ombudsman under this chapter; and                (3)  any recommendations that the independent   ombudsman has in relation to the duties of the independent   ombudsman under this chapter.          (b)  The independent ombudsman shall immediately report to   the governor, the lieutenant governor, the speaker of the house of   representatives, the Commission on Jail Standards, and the   commissioners court of the applicable county any particularly   serious or flagrant:                (1)  case of abuse or injury of a prisoner;                (2)  problem concerning the administration of a county   jail program or operation;                (3)  problem concerning the delivery of services in a   county jail; or                (4)  interference by a county with an investigation   conducted by the office under this chapter.          Sec. 512.053.  COMMUNICATION AND CONFIDENTIALITY. (a)  The   sheriff of a county shall allow any prisoner to communicate with the   independent ombudsman or an assistant to the independent ombudsman.     The communication:                (1)  may be in person, by mail, or by any other means;   and                (2)  is confidential and privileged.          (b)  The records of the independent ombudsman under this   chapter are confidential, except that the independent ombudsman   shall:                (1)  share a communication made by a prisoner that may   involve the abuse or neglect of the prisoner with the appropriate   prosecutor of the county in which the prisoner is confined; and                (2)  disclose its nonprivileged records if required by   a court order on a showing of good cause.          (c)  The independent ombudsman may make reports relating to   an investigation under this chapter public after the investigation   is complete but only if the names of all prisoners, family members,   and employees are redacted from the report and remain confidential.          (d)  The name, address, or other personally identifiable   information of a person who files a complaint under this chapter   with the office, information generated by the office in the course   of an investigation under this chapter, and confidential records   obtained by the office are confidential and not subject to   disclosure under Chapter 552, Government Code, except that the   information and records, other than confidential information and   records concerning a pending law enforcement investigation or   criminal action, may be disclosed to the appropriate person if the   office determines that disclosure is:                (1)  in the public interest;                (2)  necessary to enable the office to perform the   responsibilities provided under this section; or                (3)  necessary to identify, prevent, or treat the abuse   or neglect of a prisoner.          Sec. 512.054.  PROMOTION OF AWARENESS OF OFFICE.  The   independent ombudsman shall promote awareness among the public and   prisoners of:                (1)  how the office may be contacted;                (2)  the office's purposes under this chapter; and                (3)  the services the office provides under this   chapter.          Sec. 512.055.  RULEMAKING AUTHORITY. The office shall adopt   rules necessary to implement Section 512.056, including rules that   establish procedures for county jails to review and comment on   reports of the office and for county jails to expedite or eliminate   review of and comment on a report due to an emergency or a serious or   flagrant circumstance described by Section 512.052(b).          Sec. 512.056.  REVIEW AND FORMAT OF REPORTS. (a)  The office   shall accept, both before and after publication, comments from a   county jail concerning the following types of reports published by   the office under this chapter:                (1)  the office's quarterly report under Section   512.052(a);                (2)  reports concerning serious or flagrant   circumstances under Section 512.052(b); and                (3)  any other formal reports containing findings and   making recommendations concerning systemic issues that affect a   county jail.          (b)  A county jail or sheriff may not submit comments under   Subsection (a) after the 30th day after the date the report on which   the jail or sheriff is commenting is published.          (c)  The office shall ensure that reports described by   Subsection (a) are in a format to which the county jail or sheriff   can easily respond.          (d)  After receipt of comments under this section, the office   is not obligated to change any report or change the manner in which   the office performs the duties of the office under this chapter.   SUBCHAPTER C. DUTIES AND POWERS          Sec. 512.101.  DUTIES AND POWERS. (a)  Notwithstanding any   limitation imposed by Section 261.101, Human Resources Code, and in   addition to the independent ombudsman's duties under that section,   the independent ombudsman shall:                (1)  review the procedures established by county jails   and evaluate the delivery of services to prisoners to ensure that   the rights of prisoners are fully observed;                (2)  review complaints filed with the independent   ombudsman concerning the actions of a county jail and investigate   each complaint in which it appears that a prisoner may be in need of   assistance from the independent ombudsman;                (3)  conduct investigations of complaints, other than   complaints alleging criminal behavior, if the office determines   that:                      (A)  a prisoner or a prisoner's family may be in   need of assistance from the office; or                      (B)  a systemic issue in a county jail's provision   of services is raised by a complaint;                (4)  provide assistance to a prisoner or family member   who the independent ombudsman determines is in need of assistance,   including advocating with an agency, provider, or other person in   the best interests of the prisoner;                (5)  recommend changes in any procedure relating to the   treatment of prisoners;                (6)  make appropriate referrals under any of the duties   and powers listed in this subsection;                (7)  supervise assistants who are serving as advocates   in their representation of prisoners in internal administrative and   disciplinary hearings; and                (8)  immediately report substantiated findings of any   investigation related to the health or safety of a prisoner to the   sheriff and commissioners court of the county in which the prisoner   is confined.          (b)  The independent ombudsman may apprise persons who are   interested in a prisoner's welfare of the rights of the prisoner.          (c)  To assess if a prisoner's rights have been violated, the   independent ombudsman may, in any matter that does not involve   alleged criminal behavior:                (1)  contact or consult with an administrator,   employee, family member, expert, another prisoner, or any other   individual in the course of the ombudsman's investigation or to   secure information; and                (2)  conduct confidential interviews with persons   described by Subdivision (1), review official documents, files, and   logs maintained by a county jail, and inspect any part of a county   jail at any time.          (d)  Notwithstanding any other provision of this chapter,   the independent ombudsman may not investigate alleged criminal   behavior.          Sec. 512.102.  TREATMENT OF EMPLOYEES WHO COOPERATE WITH   INDEPENDENT OMBUDSMAN. (a) A county may not discharge or in any   manner discriminate or retaliate against an employee who in good   faith makes a complaint to the office or cooperates with the office   in an investigation under this chapter.          (b)  The commissioners court of a county shall adopt policies   to protect from adverse employment action a county employee who in   good faith makes a complaint to the office or cooperates with the   office in an investigation under this chapter.          Sec. 512.103.  MEMORANDUM OF UNDERSTANDING. The office and   the Commission on Jail Standards shall enter into a memorandum of   understanding concerning:                (1)  the most efficient manner in which to share   information with one another; and                (2)  opportunities for collaboration between the   office and the commission.   SUBCHAPTER D. ACCESS TO INFORMATION          Sec. 512.151.  ACCESS TO INFORMATION OF GOVERNMENTAL   ENTITIES. (a)  A county jail shall allow the independent ombudsman   access to the jail's records relating to prisoners.          (b)  The Department of Public Safety and any local law   enforcement agency shall allow the independent ombudsman access to   its records relating to a prisoner.          Sec. 512.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.     The independent ombudsman shall have access to the records of a   private entity that relate to a prisoner.          SECTION 2.  This Act takes effect September 1, 2017.