HBA-CMT H.B. 124 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 124
By: West, George "Buddy"
Corrections
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law allows certain inmates of the institutional division
access to weight-lifting equipment, television, and radio.  While the state
is required to feed and clothe an inmate, it is not obligated to provide
them with any equipment facilitating recreation.  House Bill 124 requires
an institutional division to prohibit access by certain inmates to
specified recreational amenities, including weight-lifting equipment,
television, and radio.  

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 124 amends the Government Code to prohibit the institutional
division  of the Texas Department of Criminal Justice (institutional
division)  from allowing an inmate classified as subject to close custody
or administrative segregation, other than an inmate classified as subject
to administrative segregation level I protective custody, access to
weight-lifting equipment or accessories unless that use is in connection
with physician recommended physical therapy, or use of a television other
than in connection with a programmatic activity, such as a work,
educational, or vocational activity. 

H.B. 124 authorizes the Texas Department of Criminal Justice to use money
appropriated from the general revenue fund to pay the cost of purchasing or
maintaining recreational equipment to be used by an inmate confined in the
institutional division only if the money is appropriated out of receipts
deposited to the general revenue fund from the education and recreation
fund, or the equipment is used exclusively in connection with the physician
recommended physical therapy or a programmatic activity such as work,
educational, or vocational activity.      

EFFECTIVE DATE

September 1, 2001.