By: Cook H.B. No. 4251

A BILL TO BE ENTITLED

AN ACT

relating to the provision of postsecondary education to certain inmates in the Texas Department of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 501, Government Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. POSTSECONDARY EDUCATION IN THE TEXAS DEPARTMENT OF

CRIMINAL JUSTICE

SECTION 501.181. DEFINITIONS. In this subchapter:

(1) "Correctional facility" means a facility operated by or under contract with the department.

(2) "Postsecondary education or training program" means any course or sequence of courses offered by an institution of higher education to inmates of a correctional facility designed to lead to a degree, certificate, or other credential.

(3) "Prison education program" is a postsecondary education or training program that has the meaning provided in 34 C.F.R. § 668.236.

SECTION 501.182. POSTSECONDARY EDUCATION AUTHORIZED. The department may contract with public and nonprofit institutions of higher education for the provision of postsecondary education and training programs, including prison education programs.

SECTION 501.183. INTENT. It is the intent of the Legislature that, in its administration of this subchapter, the department:

(1) oversee postsecondary education and training programs that:

(A) lead to gainful employment for former inmates and align with the workforce needs of this state;

(B) reduce recidivism;

(C) improve inmates' overall quality of life and well-being; and

(D) encourage a culture of civility among inmates within the department's facilities;

(2) ensure access to a rich variety of postsecondary education and training programs for all inmates, including female inmates and inmates incarcerated in geographically remote facilities;

(3) work collaboratively with the Windham School District, other state agencies, institutions of higher education, accrediting bodies, and interested stakeholders to promote the highest quality educational programming; and

(4) maximize enrollment in postsecondary education and training programs to the extent possible.

SECTION 501.184. INFORMATION TO BE PROVIDED BY INSTITUTION BEFORE VOCATIONAL TRAINING ENROLLMENT. The department shall require any institution of higher education operating a postsecondary education or training program within the department's facilities designed to lead to a license or certificate from a state agency to, prior to enrollment, inform each prospective student of:

(1) any rule or policy of a state agency that would impose a restriction or prohibition on the person in obtaining a certificate or license in connection with the program; and

(2) the procedures for:

(A) requesting a criminal history evaluation letter under Section 53.102, Occupations Code;

(B) providing evidence of fitness to perform the duties and discharge the responsibilities of a licensed occupation for purposes of Section 53.023, Occupations Code; and

(C) appealing a state agency's denial of a certificate or license, including deadlines and due process requirements:

(i) to the State Office of Administrative Hearings under Subchapter C, Chapter 2001, Government Code; and

(ii) through any other available venue.

SECTION 501.185. LIMITS ON ENROLLMENT. (a) The department may establish by rule criteria that disqualify an inmate from enrolling in a postsecondary education or training program.

(b) The department shall not deny an inmate the opportunity to enroll in a postsecondary education or training program solely on the basis of:

(1) the offense for which the inmate was convicted;

(2) the length of the inmate's sentence; or

(3) the remaining time until the inmate's expected release.

SECTION 501.186. POSTSECONDARY EDUCATIONAL REIMBURSEMENT. (a) Out of funds appropriated to the department for postsecondary education or training programs, the department may cover the cost of tuition and fees for up to two courses per academic term for inmates who have:

(1) demonstrated a record of rehabilitation while incarcerated; and

(2) demonstrated the aptitude and capabilities to do college-level study.

(b) The costs of such programs shall be reimbursed by the inmate as a condition of parole, beginning not less than six months following the inmate's release.

(c) The department may not charge interest for the repayment of costs associated with this section.

(d) In a parole or mandatory supervision revocation hearing under Section 508.281, Government Code, at which it is alleged only that the releasee failed to make a payment under this section, it is an affirmative defense to revocation that the releasee is unable to pay the amount required by the department. The releasee must prove the affirmative defense by a preponderance of the evidence.

SECTION 501.187. PRISON EDUCATION PROGRAM APPROVAL. (a) The department shall establish a formal application and approval process for institutions seeking to establish a prison education program in the department's facilities.

(b) In making approval decisions under Subsection (a), the department shall consider:

(1) the potential for graduates of the proposed program to compete for current and emerging jobs or to continue their postsecondary education upon release;

(2) whether the applying institution has a successful history of offering programs to inmates;

(3) whether the proposed prison education program would be located at a facility that currently has no or limited postsecondary education or training opportunities;

(4) whether the proposed prison education program would provide postsecondary education or training opportunities to a student population that currently cannot access similar opportunities, including by transfer to a different facility;

(5) the amount and type of student support services, including re-entry supports, the institution proposes to offer to its students; and

(6) any other criteria the department deems necessary.

(c) The department shall, to the extent practicable, provide feedback upon request to institutions that have applications rejected under this section.

SECTION 501.188. DATA COLLECTION AND SHARING. (a) The department shall establish a data-sharing agreement with any institution approved to operate a prison education program in the department's facilities. Such an agreement must be sufficient for the institution to comply with applicable federal laws or regulations.

(b) The department may enter into a memorandum of understanding with the Windham School District, the Texas Education Agency, the Department of Public Safety, the Texas Workforce Commission, the Texas Higher Education Coordinating Board, and any relevant state licensing agencies to obtain and share data to:

(1) evaluate the effectiveness of postsecondary education and training programs within its facilities; and

(2) perform any evaluations of prison education programs as required by federal law or regulations.

(c) Unless made confidential by other law, any nonidentifiable data used to evaluate the effectiveness of postsecondary education and training programs within the department's facilities is considered public information under Chapter 552, Government Code.

SECTION 501.189. FUNDING. The department may solicit and accept gifts, grants, and other donations for the purposes of administering this subchapter.

SECTION 501.190. ANNUAL REPORT. In its annual report, the department shall produce a list of postsecondary education and training programs active in its facilities, including, for each program:

(1) the facility in which the program is operating;

(2) the institution or institutions of higher education operating the program;

(3) whether the program is a prison education program; and

(4) the total unduplicated enrollment of the program in that year, disaggregated by race, ethnicity, and gender.

SECTION 501.191. RULES. The board may adopt rules as necessary to administer this subchapter.

SECTION 2. (a) In this section, "board" means the Texas Higher Education Coordinating Board.

(b) Not later than June 1, 2024, the board, in collaboration with the Texas Department of Criminal Justice and any other entity necessary for this purpose, shall identify and implement a means of identifying and separating incarcerated students from aggregated datasets within the board's purview for the purpose of measuring academic effectiveness and other relevant characteristics.

(c) This section expires December 31, 2024.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.