HBA-EVB C.S.S.B. 365 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 365
By: Brown
Corrections
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The scope of Texas' criminal justice system is vast: 431,000 Texans are
serving sentences on community supervision, 143,000 offenders are
incarcerated by the state in 107 prisons and state jails, and 80,000 former
inmates are supervised on parole.  Managing this system is the Texas
Department of Criminal Justice (TDCJ), the state's largest agency, with an
annual budget of more than $2 billion and some 39,000 employees.  While the
state formerly had separate agencies that operated each part of this
system, in 1989, the legislature consolidated all state criminal justice
functions into TDCJ. The department runs this system by funding and
overseeing local community supervision and corrections departments;
building and operating prisons, state jails, substance abuse centers, and
other facilities; and directly supervising offenders released on parole and
mandatory supervision. 

TDCJ is subject to the Sunset Act and will be abolished on September 1,
1999, unless continued in existence by the legislature.  As a result of its
review of TDCJ, the Sunset Advisory Commission recommended the continuation
of TDCJ and several statutory modifications that are contained in this
legislation. 

C.S.S.B. 365 continues TDCJ for a 12-year period and makes statutory
modifications recommended by the Sunset Advisory Commission.  This bill
allows the reorganization of divisions within the department; redirects the
parole process to produce more consistent and cohesive parole policies; and
revises funding sources for community supervision and corrections
departments to balance programming flexibility with performance
accountability. 

This bill also expands the capacity of the Private Sector Prison Industries
Oversight Authority to oversee the Texas Correctional Industries program;
improves the placement of inmates in prison work programs to reduce
recidivism; and requires probationers in substance abuse residential
aftercare programs to pay fees. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Board of Criminal Justice is
modified in SECTION 1.16 (Section 497.004, Government Code) of this bill. 

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Private Sector Prison Industries
Oversight Authority in SECTION 1.27 (Section 497.059, Government Code) of
this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1

SECTION 1.01.  Amends Section 492.003, Government Code, as follows:

Sec. 492.003.  ELIGIBILITY FOR MEMBERSHIP; REMOVAL.  Defines "texas trade
association" for the purposes of this section.   Updates standard Sunset
language prohibiting conflicts of interest by the Texas Board of Criminal
Justice (board) members and Texas Department of Criminal Justice
(department) employees by applying it to exempt employees  instead of
employees identified in the old position classification salary schedule and
clarifying trade associations as operating in Texas.  Updates standard
Sunset language requiring board appointments to be made without bias by
changing "handicap" to "disability."  Updates standard Sunset language
specifying the grounds for removing board members to clarify when they meet
the qualifications to take office, and specifies procedures for
notification of the board's presiding officer, the governor, and the
attorney general if knowledge that a potential ground for removal exists.
Redesignates existing Subsections (d)(g) to Subsections (e)-(h).  Makes
nonsubstantive changes. 

SECTION 1.02.  Amends Chapter 492, Government Code, by adding Section
492.0031, as follows: 

Sec. 492.0031.  TRAINING PROGRAM FOR MEMBERS.  Requires the members of the
board to complete training before assuming their duties.  Provides that the
training program must provide the person with information regarding the
creation of the department and the board, programs operated by the
department, and the role, functions, and budget of the department, and
other statutory requirements and procedures. Provides that a person
appointed to the board is entitled to reimbursement for travel expenses
incurred in attending the training program. 

SECTION 1.03.  Amends Section 492.004, Government Code, as follows:

Sec.  492.004.  NOTICE OF QUALIFICATIONS, RESPONSIBILITIES.  Updates
standard Sunset language by requiring the executive director or the
executive director's designee, instead of the board, to inform employees
and board members of the qualifications for office or employment and each
person's responsibilities under the law.  Deletes existing text. 

SECTION 1.04.  Amends Section 492.006, Government Code, as follows:

Sec. 492.006.  BOARD MEETINGS.  Requires the board to allow the Board of
Pardons and Paroles presiding officer or designee to present  information
relating to the parole system to the board; and allow the chairman of the
judicial advisory council to the community justice assistance division and
to the board to present to the board any item relating to the operation of
the community justice system determined by the chairman to require the
board's consideration.  Deletes existing language regarding the requirement
that the chairman of the board provide notice of and facilitate attendance
at meetings. 

SECTION 1.05.  Amends Section 492.012, Government Code, as follows:

Sec. 492.012.  SUNSET PROVISION.  Establishes that the board and the
department are abolished September 1, 2011, rather than September 1, 1999. 

SECTION 1.06.  Amends Section 492.013, Government Code, as follows:

Sec. 492.013. GENERAL POWERS AND DUTIES OF BOARD.  Requires the board to
clearly separate its policymaking responsibilities from the management
responsibilities of the executive director and staff of the department.
Redesignates existing Subsections (f) and (g) to Subsections (e) and (f).
Makes conforming changes. 

SECTION 1.07.  Amends Chapter 492, Government Code, by adding Section
492.0131, as follows: 

Sec. 492.0131.  PAROLE RULES, POLICIES, PROCEDURES.  Requires the board and
the Board of Pardons and Paroles Policy Board to jointly review rules,
polices, and procedures. Requires the two boards to identify areas of
inconsistency and amend rules or change policies and procedures as
necessary for consistent operation of the parole process. 

SECTION 1.08. Amends Section 493.001, Government Code, providing that the
mission of the department includes assisting victims of crime. 

SECTION 1.09.  Amends Chapter 493, Government Code, by adding Section
493.0021, as follows: 
 
Sec. 493.0021.  ORGANIZATIONAL FLEXIBILITY.  Allows the executive director,
with board approval, to create and assign powers and duties to new
divisions, to eliminate divisions and assign their duties and powers to
other divisions, and to reorganize divisions and the distribution of powers
and duties for proper administration of the department. Requires the
executive director to request and consider comments from the judiciary
advisory council to the community justice assistance division of the
department and the board on the impact or organizational changes that would
affect community corrections programs. 

SECTION 1.10.  Amends Section 493.007, Government Code, as follows:

Sec. 493.007.  PERSONNEL.  Updates standard Sunset language on equal
employment opportunity analysis to clarify the content and reporting
requirements of these analyses. Deletes a provision requiring  the division
director to hire division employees.  Deletes the requirement that the
governor deliver a biennial report to the legislature on information
received under this section.  Redesignates existing Subsections (c)-(e) to
Subsections (b)-(d). Makes conforming and nonsubstantive changes. 

SECTION 1.11.  Amends Section 493.016, Government Code, as follows:

Sec. 493.016.  INFORMATION OF PUBLIC INTEREST; COMPLAINTS. Updates standard
Sunset language requiring the department to maintain information on written
complaints filed with the department by specifying the type of information
to include in files and requiring the department to notify the all
department employees and each person filing a complaint regarding the
department's policies and procedures for complaint investigation and
resolution.  Makes conforming and nonsubstantive changes. 

SECTION 1.12.  Amends Section 497.001(b)(2), Government Code, to provide
that "articles and products" includes services provided through the use of
work program participant labor, rather than inmate labor. 

SECTION 1.13.  Amends Section 497.001(b), Government Code, by adding
Subdivision (3), to define "work program participant." 

SECTION 1.14.  Amends Section 497.002(a), Government Code, to simplify the
goals of the office of Texas Correctional Industries (TCI) for reducing
recidivism by providing participants with marketable job skills and
reducing costs by providing products and articles for the department and
selling products and articles for profit to the public, state agencies, and
political subdivisions. 

SECTION 1.15.  Amends Section 497.003 (c), Government Code, to make a
conforming change. 

SECTION 1.16.  Amends Section 497.004, Government Code, as follows:

Sec. 497.004. New title:  LABOR, PAY.  Authorizes the board, by rule to
develop and authorizes the department to administer an incentive pay scale
for work program participants consistent with rules adopted by the Private
Sector Prison Industries Oversight Authority under Subchapter C (Private
Sector Prison Industries Oversight Authority), Chapter 497, Government
Code. Requires the department to apportion pay earned by a work program
participant in the same manner as is required by rules adopted by the
Private Sector Prison Industries Oversight Authority under Section
497.0581. Requires the department to consider a participants'
classification and work availability when assigning job training positions,
and to give priority to participants closest to release from imprisonment
or supervision.  Deletes existing language regarding the requirement for
the department to use inmate labor. Makes conforming and nonsubstantive
changes. 

SECTION 1.17.  Amends Section 497.005, Government Code, as follows:

Sec. 497.005.  New title:  INDUSTRIAL RECEIPTS.  Authorizes TCI to use
money appropriated from the sale of articles and products by TCI.  Deletes
existing text regarding an industrial revolving account. 
 
SECTION 1.18.  Amends Section 497.006, Government Code, to require the
department, in determining under Section 497.062 the number of participants
participating in private sector prison industries programs, to count the
number of work program participants participating in a program under a
contract entered into under this section. Prohibits more than 500 work
program participants, rather than 250 inmates, from participating in
programs under contracts entered into under this section.  Makes conforming
and nonsubstantive changes. 

SECTION 1.19.  Amends Section 497.007, Government Code, to make conforming
and nonsubstantive changes. 

SECTION 1.20.  Amends Section 497.009, Government Code, to make conforming
and nonsubstantive changes. 

SECTION 1.21.  Amends Section 497.025(a), Government Code, to require the
department and the General Services Commission (commission) to enter into
an agreement to expedite the process by which agencies are required to
requisition purchases of articles or products through the commission. 

SECTION 1.22.  Amends Section 497.051(b), Government Code, to define
"authority" and "participant." 

SECTION 1.23.(a)  Amends Section 497.052, Government Code, by amending
Subsection (a) and adding Subsection (c), as follows: 

(a)  Provides that the authority is composed of nine members appointed by
the governor, including four, rather than three, of whom are public
members.  Deletes text that provides that one of the nine members composing
the authority is an employer in the private sector prison industries
program that is certified as in compliance with the federal prison
enhancement certification program established under 18 U.S.C. Section 1761.
Makes a conforming change. 

(c)  Requires the governor to appoint as an employer liaison to the
authority one person who is an employer in the private sector prison
industries that is certified as in compliance with the federal prison
enhancement certification program established under 18 U.S.C. Section 1761.
Entitles the employer liaison to attend meetings of the authority and offer
advice to the authority from the perspective of a prison industries
employer.  Provides that the employer liaison serves at the pleasure of the
governor, is not entitled to vote on any issue considered by the authority,
and is entitled to reimbursement for travel expenses in the same manner as
is a member of the authority under Section 497.005 (Reimbursement),
Government Code. 

NOTE: SECTION 2.01 of this bill also adds a new Subsection (c), the
contents of which are different from this one, to Section 497.052,
Government Code. 

SECTION 1.24.  Amends Section 497.056(b), Government Code, by authorizing
the legislature to appropriate funds from the account only for the purpose
of paying the costs of the authority and the department in implementing
this subchapter, including the cost to the department of paying the
reimbursable expenses of authority members under Section 497.055 and the
employer liaison as provided by Section 497.052(c). 

SECTION 1.25.  Amends Section 497.058, Government Code, as follows:

Sec. 497.058.  PREVAILING WAGE.  (a)  Makes conforming and nonsubstantive
changes. 

(b)  Provides that for the purposes of computations required by this
section: 

_the prevailing wage is the wage paid by the employer for work of a similar
nature in the location in which the work is performed;  

_in the event that the employer has no employees other than those employed
under this subchapter performing work of a similar nature within the
location, the prevailing wage for work of a similar nature is determined by
reference to  openings and wages by occupation data collected by the labor
market information, rather than economic research and analysis, department
of the Texas Workforce Commission; and  

_the location in which the work is performed is the local workforce
development area, rather than council of government region, in which the
work is performed. 

SECTION 1.26.  Amends Section 497.0581, Government Code, as follows:

 Sec. 497.0581. New title:  PARTICIPANT CONTRIBUTIONS.  Makes conforming
changes. 

SECTION 1.27.  Amends Section 497.059, Government Code, to require the
authority to adopt rules to determine whether a program would cause the
loss of existing jobs provided by the employer in this state. Makes a
conforming change. 

SECTION 1.28.  Amends Section 497.060, Government Code, to make conforming
changes. 

SECTION 1.29.  Amends Section 497.061, Government Code, to make conforming
changes. 

SECTION 1.30. Amends Section 497.062, Government Code, to prohibit the
authority from permitting more than 2,000, rather than 1,500, participants
in the program at any one time. 

SECTION 1.31.   Amends Section 497.094 (a), Government Code, to require the
department to create or formalize job training programs for each job
performed by an inmate, defendant, or releasee in a department facility.
Requires the department to keep records on job training and provide a copy
of these records to participants upon release. 

SECTION 1.32.  Amends Section 497.095, Government Code, to require the
department to keep work records for each participant in a work program in a
department facility. Expands the information in these records to include
performance evaluations, and requires the department to provide a copy of
this work record to participants upon release.  Makes conforming and
nonsubstantive changes. 

SECTION 1.33.  Amends Subchapter E, Chapter 497, Government Code, by adding
Section 497.099, as follows: 

Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. Requires the
department to require all those capable housed in a department facility to
work in an agricultural, industrial, or other work program.  Authorizes the
department to waive work requirements to maintain security or to permit
rehabilitative programming. 

SECTION 1.34. Amends Section 498.003(a), Government Code, to include
treatment programs with other programs for which the department is
authorized to grant good conduct time to inmates. Makes a conforming
change. 

SECTION 1.35. Amends Section 509.011, Government Code, by adding
Subsections (g) and (h), to authorize  the department to reduce per capita
and formula funding for community supervision and corrections departments
(CSCDs) that have more than six months' basic supervision operating costs
in reserves.  Authorizes the department  to adopt policies and standards
permitting CSCDs  to exceed the six-month cap as necessary to cover
emergency costs or implement new programs with the approval of the
department.  Authorizes the department to distribute unallocated funds to
CSCDs for community supervision and corrections purposes. Authorizes CSCDs
to return unexpended funds to the department. Authorizes the department to
distribute funds received from CSCDs to provide supplemental funds to
individual departments to further the purposes of this chapter. 

SECTION 1.36. Amends Chapter 509, Government Code, by adding Section
509.015, as follows: 

Sec. 509.015.  FEASIBILITY STUDY:  COMMUNITY JUSTICE PLANS.  (a)  Requires
the division to conduct a study to determine whether the documentation a
community justice council is required to provide to the division as a part
of the submission of a community justice plan is excessive or redundant and
requires the division to suggest a streamlined  process to reduce
duplication of efforts on the part of the council. 

(b)  Requires the division, not later than January 1, 2001, to provide a
copy of the study and the suggestions for a streamlined process to the
executive director, the board, and the legislature. 

(c)  Provides that this section expires January 15, 2001.

SECTION 1.37.  Amends Section 2251.001(8), Government Code, to define the
term "vendor" to include TCI.  

SECTION 1.38.  Amends Section 8(a), Article 42.09, Code of Criminal
Procedure,  to specify that CSCDs must send presentence or postsentence
investigation reports to the department only if one is prepared. 

SECTION 1.39.  Amends Section 9(k), Article 42.12, Code of Criminal
Procedure, to authorize, rather than require, a postsentence investigation
report to be prepared when not otherwise required under this section. Makes
conforming changes. 

SECTION 1.40.  Amends Section 14,  Article 42.12, Code of Criminal
Procedure, as amended by Chapter 321, Acts of the 74th Legislature, Regular
Session, 1995, by amending Subsection (c) and by adding Subsection (e), to
require defendants on community supervision to pay a fee for residential
aftercare required as part of the treatment plan. Requires the clerk of a
court that collects fees imposed to remit the fee to the comptroller, and
requires the comptroller to deposit the fee into the general revenue fund.
Requires the judge, in requiring the payment of a fee,  to consider fines,
fees, and other necessary expenses for which the defendant is obligated in
establishing the amount of the fee. Prohibits the judge from establishing a
fee in an amount greater than 25 percent of the defendant's gross income
while the defendant is a participant in residential aftercare; or requiring
the defendant to pay the fee at any time other than a time at which the
defendant is both employed and a participant in residential aftercare. 

SECTION 1.41.  Amends Section 501.024, Labor Code, to include a prisoner or
inmate of a prison or correctional institution, other than a work program
participant participating in a TCI contract described by Section 497.006
(Contracts with Private Business), Government Code, among the persons that
are excluded from coverage as an employee under this chapter. 

SECTION 1.42.  Amends Section 171.651(2), Tax Code, to define "work program
participant" as defined by Section 497.001 (b), Government Code, and to
delete the existing definition for "inmate."  

SECTION  1.43.  Amends Section 171.653, Tax Code, as follows:

Sec. 171.653.  New title: CREDIT FOR WAGES PAID TO WORK PROGRAM
PARTICIPANT. Makes conforming changes. 

SECTION 1.44. Amends Section 171.654, Tax Code, as follows:

Sec. 171.654.  New title: CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
PROGRAM PARTICIPANT. Makes conforming changes. 

SECTION 1.45.  Amends Subchapter L, Chapter 171, Tax Code, as follows:

New title:  SUBCHAPTER L.  TAX CREDIT FOR WAGES PAID TO 
TEXAS DEPARTMENT OF CRIMINAL JUSTICE WORK PROGRAM PARTICIPANTS OR FORMER
PARTICIPANTS 

SECTION 1.46.  Repealer:  Section 497.090 (Work Required), Government Code.
Section 497.090 requires the department to require each inmate to work, to
the extent that the inmate is physically capable of working. 

SECTION 1.47.  Amends Section 19.005(a), Education Code, to provide that
any, rather than only a, person confined or imprisoned in the department
who is not a high school graduate is eligible for  programs or services
under this chapter paid for with money from the foundation school fund, and
to authorize the district, to the extent space is available, to offer
programs or services under this chapter paid for with money from the
foundation school fund to persons confined or imprisoned in the department
who are high school graduates. 

ARTICLE 2

SECTION 2.01.  Amends Section 497.052, Government Code, by adding
Subsections (c) and (d), as follows: 

(c)  Prohibits a person from being a public member of the Private Sector
Prison Industries Oversight Authority (authority) if the person or the
person's spouse is employed by or participates in the management of an
entity regulated by the authority, conducts business with the authority, or
otherwise has financial ties to the authority or the regulated industry.  

(d)  Requires appointments to the authority to be made without regard to
race, color, disability, sex, religion, age, or national origin. 

NOTE: SECTION 1.23 of this bill also adds a new Subsection (c), the
contents of which are different from this one, to Section 497.052,
Government Code. 


SECTION 2.02.  Amends Subchapter C, Chapter 497, Government Code, by adding
Sections 497.0521 through 497.0527, as follows: 

Sec. 497.0521.  CONFLICTS OF INTEREST. Defines Texas "trade association."
Prohibits authority members or their spouses and exempt employees or their
spouses from being an officer or employee of a related Texas trade
association.  Prohibits a registered lobbyist from serving as a member of
the authority or from being employed as the authority's general counsel. 

Sec. 497.0522.  REMOVAL PROVISIONS.  Specifies the grounds for removing an
authority member and requires notification of the authority's presiding
officer, the governor and the attorney general if knowledge that a
potential ground for removal exists.  Affirms that an action of the
authority is valid even if it is taken when a ground for removal exists for
one of the members. 

Sec. 497.0523.  INFORMATION:  REQUIREMENTS FOR OFFICE OR EMPLOYMENT.
Requires the executive director or a designee to inform authority members
and agency employees of the qualifications for office or employment and
each person's responsibilities under the law. 

Sec. 497.0524.  TRAINING PROGRAM. Requires the members of the authority to
complete training, as described by this section, before assuming their
duties.  Entitles members to reimbursement for expenses incurred in
attending the training program. 

Sec.  497.0525.  POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. Requires the
authority to clearly separate its policymaking responsibilities from the
management responsibilities of the executive director and staff of the
authority. 

Sec.  497.0526.  PUBLIC ACCESS. Requires the authority to give the public
reasonable opportunity to appear before it regarding issues under the
jurisdiction of the authority. 

Sec. 497.0527. COMPLAINTS. Requires the authority to maintain information
on written complaints filed with the authority.  Requires the authority to
notify the parties regarding the authority's policies and procedures for
complaint investigation.  Requires the authority to notify the parties
regarding the status of the complaint quarterly until disposition.  

ARTICLE 3

 SECTION 3.01. Amends Section 614.002, Health and Safety Code, as follows:

(c) Prohibits a person from being a public member of the Texas Council on
Offenders with Mental Impairments (council) if the person or the person's
spouse is regulated by the council, conducts business with the council, or
otherwise has financial ties to the council or the regulated industry. 

(d) Prohibits a registered lobbyist from serving as a member of the council
or from being employed as the council's general counsel. 

 (e)  Redesignated from existing Subsection (c).

(f) Redesignated from existing Subsection (d). Requires that appointments
to the council be made without regard to race, color, disability, sex,
religion, age, or national origin. 

(g) Specifies the grounds for removing a council member.

(h) Establishes that an action of the council is valid even if it is taken
when a ground for removal exists for one of the members.  

(i) Requires notification of the council's presiding officer, the governor,
and the attorney general if knowledge that a potential ground for removal
exists.  

(j) Redesignated from existing Subsection (f). Makes conforming changes.

(k) Redesignated from existing Subsection (g).

SECTION 3.02.  Amends Chapter 614, Health and Safety Code, by adding
Sections 614.003 and 614.0031, as follows: 

Sec. 614.003.  INFORMATION:  REQUIREMENTS FOR OFFICE OR EMPLOYMENT.
Requires the executive director or a designee to inform council members and
employees of the qualifications of office or employment and each person's
responsibilities under the law. 

Sec. 614.0031.  TRAINING PROGRAM. Requires the members of the council to
complete the training, as described by this section, before assuming their
duties.  Entitles council appointees to reimbursement for expenses incurred
in attending the training program. 

SECTION 3.03.  Amends Section 614.005(a), Health and Safety Code, to
require the governor to designate the presiding officer of the council.
Deletes existing language regarding the requirement for the council to
elect a presiding officer at the first meeting of each calendar year. 

SECTION 3.04.  Amends Section 614.007, Health and Safety Code, to require
the council to clearly separate its policymaking responsibilities from the
management responsibilities of the staff of the council.   

SECTION 3.05.  Amends Chapter 614, Health and Safety Code, by adding
Sections 614.010, 614.0101, and 614.0102, as follows: 

Sec. 614.010. PERSONNEL. Requires the executive director or designee to
develop an equal employment opportunity policy with certain provisions that
is annually updated, reviewed by the state Commission on Human Rights, and
filed with the governor's office. 

Sec. 614.0101. PUBLIC ACCESS. Requires the council to give the public
reasonable opportunity to appear before it regarding issues under the
jurisdiction of the council. 

Sec. 614.0102.  COMPLAINTS.  Requires the council to maintain certain
information on written complaints filed with the council.  Requires the
council to notify the parties regarding the council's policies and
procedures for complaint investigation.  Requires the council to notify the
parties regarding the status of the complaint quarterly until disposition.  

 SECTION 3.06. Amends Section 614.017, Health and Safety Code, as follows:

Sec. 614.017. EXCHANGE OF INFORMATION.  Deletes the authorization of an
agency by this chapter to provide continuity of care for a special needs
offender. Authorizes an agency to disclose information relating to a
special needs offender including supervision status and compliance with
conditions of supervision. Sets forth a list of entities that qualify as an
agency and redefines "special needs offender." 

SECTION 3.07. Amends Chapter 614, Health and Safety Code, by adding Section
614.018, as follows: 

Sec. 614.018. USE OF COUNTY JAIL FACILITIES. (a) Requires the council to
conduct a study on strategies for reducing the use of county jails to
provide mental health treatment to persons with mental illness. 

(b) Provides that the study must include an examination of arrest rates and
incarceration practices regarding persons with mental illness, the
feasibility of establishing a regional mental health detention facility as
a pilot facility, and operational issues regarding the establishment of
such a facility. 

(c) Requires the council to file a copy of the study, a synopsis of the
results of the study, and the council's recommendations with the
legislature not later than February 1, 2001. 

(d) Provides that this section expires March 1, 2001.

ARTICLE 4

SECTION 4.01.  Effective date: September 1, 1999.

SECTION 4.02.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 365 differs from the original in SECTION 1.18 (Section 497.006,
Government Code) by prohibiting more than 500, rather than 250, work
program participants from participating in programs under contracts entered
into under this section. 

The substitute differs from the original in SECTION 1.23 by amending
Section 497.052, Government Code, by amending Subsection (a), and adding
Subsection (c), as follows: 

(a)  Provides that the authority is composed of nine members appointed by
the governor, including four, rather than three, of whom are public
members.  Deletes text that provides that one of the nine members composing
the authority be an employer in the private sector prison industries
program that is certified as in compliance with the federal prison
enhancement certification program established under 18 U.S.C. Section 1761.
Makes a conforming change. 

(c)  Requires the governor to appoint as an employer liaison to the
authority one person who is an employer in the private sector prison
industries that is certified as in compliance with the federal prison
enhancement certification program established under 18 U.S.C. Section 1761.
Entitles the employer liaison to attend meetings of the authority and offer
advice to the authority from the perspective of a prison industries
employer.  Provides that the employer liaison serves at the pleasure of the
governor, is not entitled to vote on any issue considered by the authority,
and is entitled to reimbursement for travel expenses in the same manner as
is a member of the authority under Section 497.005 (Reimbursement),
Government Code. 

NOTE: SECTION 2.01 of the substitute also adds a new Subsection (c), the
contents of which are different from this one, to Section 497.052,
Government Code. 

SECTION 1.23 of the original, which amends Section 497.058, Government
Code, is redesignated as SECTION 1.25 of the substitute. 
 


The substitute adds SECTION 1.24 (Section 497.056(b), Government Code) by
authorizing the legislature to appropriate funds from the account only for
the purpose of paying the costs of the authority and the department in
implementing this subchapter, including the cost to the department of
paying the reimbursable expenses of authority members under Section 497.055
and the employer liaison as provided by Section 497.052(c).  This section
was not addressed in the original. SECTION 1.24 of the original is
redesignated as SECTION 1.26 of the substitute. 

The substitute differs from the original in SECTION 1.25 (Section 497.058,
Government Code) by amending Subsections (a) and (b), rather than
Subsection (a) only.  Please see Section-by-Section Analysis for the
analysis of Subsection (b).  SECTION 1.25 of the original is redesignated
as SECTION 1.28 of the substitute. 

The substitute differs from the original in SECTION 1.27 by amending
Section 497.059, Government Code, to require the authority to adopt rules
to determine whether a program would cause the loss of existing jobs
provided by the employer in this state.  This section was not addressed in
the original.  SECTION 1.27 of the original is redesignated as SECTION 1.30
of the substitute. 

SECTIONS 1.28 through 1.32 of the original are redesignated as SECTIONS
1.31 through 1.35 of the substitute. 

The substitute differs from the original in SECTION 1.30 (Section 497.062,
Government Code) by prohibiting the authority from permitting more than
2,000, rather than 1,500, participants in the program at any one time. 

The substitute differs from the original in SECTION 1.35 (Section 509.011,
Government Code), by adding Subsections (g) and (h), to authorize  the
department to reduce per capita and formula funding for community
supervision and corrections departments (CSCDs) that have more than six,
rather than two, months' basic supervision operating costs in reserves.
Authorizes the department  to adopt policies and standards permitting CSCDs
to exceed the six, rather than two, month cap as necessary to cover
emergency costs or implement new programs with the approval of the
department. 

The substitute adds SECTION 1.36 (Chapter 509, Government Code), which was
not addressed in the original, by adding Section 509.015, as follows: 

Sec. 509.015.  FEASIBILITY STUDY:  COMMUNITY JUSTICE PLANS.  (a)  Requires
the division to conduct a study to determine whether the documentation a
community justice council is required to provide to the division as a part
of the submission of a community justice plan is excessive or redundant and
requires the division to suggest a streamlined process to reduce
duplication of efforts on the part of the council. 

(b)  Requires the division, not later than January 1, 2001, to provide a
copy of the study and the suggestions for a streamlined process to the
executive director, the board, and the legislature. 

(c)  Provides that this section expires January 15, 2001.

SECTIONS 1.33 through 1.36 of the original are redesignated as SECTIONS
1.37 through 1.40 of the substitute. 

The substitute adds SECTION 1.41 (Section 501.024, Labor Code), which was
not addressed in the original, to include a prisoner or inmate of a prison
or correctional institution, other than a work program participant
participating in a TCI contract described by Section 497.006 (Contracts
with Private Business), Government Code, among the persons that are
excluded from coverage as an employee under this chapter. 

SECTIONS 1.37 through 1.41 of the original are redesignated as SECTIONS
1.42 through 1.46 of the substitute. 

 The substitute adds SECTION 1.47 (Section 19.005(a), Education Code),
which was not addressed in the original, to provide that any, rather than
only a, person confined or imprisoned in the department who is not a high
school graduate is eligible for programs or services under this chapter
paid for with money from the foundation school fund, and to authorize the
district, to the extent space is available, to offer programs or services
under this chapter paid for with money from the foundation school fund to
persons confined or imprisoned in the department who are high school
graduates.