North Texas lawmakers want more oversight, transparency surrounding jail deaths
Tarrant County lawmakers and advocates for those incarcerated in Texas jails called for more transparency surrounding in-custody deaths during an April 28 subcommittee hearing.
The legislation comes as the Tarrant County Sheriff’s Office faces scrutiny over recent jail deaths, with family members and advocates demanding more information about the circumstances surrounding people’s deaths while in jail custody.
“Government must be accountable to the people it serves,” said Rep. Nicole Collier, a Fort Worth Democrat, during the subcommittee hearing. “When oversight laws are ignored or transparency is lacking, it sends the wrong message that accountability is optional. That’s unacceptable.”
House Bill 3841 by Collier and Rep. David Lowe, a North Richland Hills Republican, says a jail death investigation would begin “as soon as practicable” after an outside law enforcement agency is appointed to investigate. If a conflict of interest arises, the appointed investigative agency must notify the Texas Commission on Jail Standards so a new agency can be tapped to investigate, Collier said during the hearing.
For each county jail death, the commission would need to publish on its website monthly:
▪ The county where the death occurred.
▪ The date the death occurred.
▪ The name of the law enforcement agency investigating the death and the date they were appointed. This information would also be required for any new law enforcement agency appointed to investigate due to a conflict of interest.
▪ Whether the investigation is pending or complete.
The information would stay on the website until at least the second anniversary of the inmate’s death.
For completed investigations, the commission must also include the date when the appointed law enforcement agency submitted the investigation report to the Texas Commission on Jail Standards.
A Star-Telegram investigation found that the Texas Commission on Jail Standards went years without ensuring inmate deaths are investigated by third-party law enforcement agencies, a requirement of the state’s 2017 Sandra Bland Act.
The law, named after a Black woman who died in jail near Houston following a traffic violation arrest, says the commission must “appoint” third-party law enforcement to investigate deaths “as soon as possible.”
KERA in October confirmed that outside law enforcement agencies had not investigated the deaths of 26 people in the custody of the Tarrant County Sheriff’s Office. Instead, the Fort Worth Police Department reviewed internal investigations conducted by the Sheriff’s Office, according to the report.
That process doesn’t align with the intent of the law, Collier said.
“Ignorance of the law is no excuse, so you have to follow the law as it is written,” Collier said. “Trying to change or get around the law is unacceptable.”
The Tarrant County District Attorney’s Office on March 21 asked Texas Attorney General’s Office whether the independent investigation mandate in the Sandra Bland Act applies only to inmates who die within the walls of the jails or extends to those who are in jail custody but die off premises.
The commission on March 24 posted its first list of third-party law enforcement agencies appointed to investigate county jail deaths, listing the county where the death occurred, the date of death, the appointed investigative agency, the appointment date and the investigation’s status.
The legislation is a must needed transparency and accountability bill, said Nan Terry, a volunteer for the Texas Jail Project.
“This bill sends a strong message that Texas believes in government oversight that is transparent, accessible and meaningful, and most importantly, that it is not optional,” Terry said.
Brandon Wood, the executive director of the Texas Commission on Jail Standards, did not take a formal position on the bill during the April 28 hearing. He testified that the commission is “committed to ensuring” that in custody deaths are “investigated in accordance with state statute and administrative rules that the agency has adopted.”
Wood reiterated that the commission has begun posting information about jail death investigations on its website. Collier in an interview said that update was made after Wood met with her about her proposed bill.
“While I appreciate that they’ve implemented some of the provisions, we still need to codify it, to ensure that whether Executive Director Wood is there or not, that this is in statute,” Collier said.
City police departments are considered an outside agency that can conduct jail death investigations, Wood said, responding to questions from Lowe, a member of the subcommittee.
The Tarrant County Sheriff’s Office said it has no concern’s with the proposed legislation in a statement.
“It’s not that far of a departure from current processes in place,” the statement reads. “The Tarrant County Sheriff’s Office supports transparency in investigating and reporting all in-custody deaths. The Tarrant County Jail welcomes outside agencies to come into our jail and inspect our facility. We’ve had recent visits from The Texas Commission on Jail Standards and the Department of Justice’s National Institute of Corrections and neither organization had any concerns in how we operate. If one more agency wants to come in and see how we run the jail, they are welcome to come see us. That invitation goes out to any member of the public as well. Anyone who wants to come see our jail facilities is welcome.”
The legislation, which was updated with a committee substitute, was left pending in the House’s County and Regional Government Subcommittee.
It must pass out of the full House Intergovernmental Affairs Committee before going to the full House floor for consideration. The proposals would then head to the Senate, where the process repeats.
The Texas Legislative session ends June 2.
A committee substitute for House Bill 5108, also considered on April 28 and left pending in committee, says independent investigation materials must be retained as “vital records.” The proposal was brought to Bhojani by Faith Bussey, a friend of Mason Yancy, who died in December while in Tarrant County Jail custody. Bussey was among those who spoke in favor of the bill during the hearing.
“I believe the taxpayers now and in the future deserve transparency this bill will bring, and the families of those who die in custody deserve to be able to access investigative records related to their loved ones,” said Rep. Rep. Salman Bhojani, a Euless Democrat and the bill’s author.
Wood, not taking an official position on the legislation, said the commission would not have difficulties complying with the bill, were it passed into law.
A spokesperson for the Tarrant County Sheriff’s Office said the office does not have a comment on House Bill 5108.
“We don’t know enough about it and we are remaining neutral on that one,” Spokesperson Robbie Hoy said in an email.
Staff Writer Cody Copeland contributed to this report.
This story was originally published April 29, 2025 at 1:22 PM.
