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


Office of House Bill AnalysisC.S.H.B. 1890
By: Lewis, Glenn
County Affairs
3/26/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a county sheriff has 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.  C.S.H.B. 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

C.S.H.B. 1890 amends the Local Government Code to provide that in a county
with a population of one million 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 each contract the sheriff
makes relating to the commissary. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1890 differs from the original by applying restrictions on a
sheriff's authority over commissary funds only to counties with a
population of more than one million whereas the original removes a
sheriff's exclusive control of commissary funds in all counties and removed
a sheriff's authority over specified uses of commissary funds to require
the commissioners court to use commissary funds for specified purposes. The
substitute requires a sheriff to provide to the county commissioners court
each commissary contract within 10 days after the date the contract is
made.  The substitute differs from the original by repealing a provision
regarding the sheriff of a county containing two or more municipalities
each with a population of 250,000 or more.