Enrolled Bill Summary

House Bill 47	House Author:  Hodge et al.
Effective:  Vetoed	Senate Sponsor:  Hinojosa

            House Bill 47 amends the Government Code to authorize the Texas Department of Criminal Justice to establish a policy to provide in-cell education to an inmate confined in administrative segregation if the inmate would benefit from the education and the education could be provided in a safe manner that does not pose a threat to any department staff or other inmate.

      Reason Given for Veto:  "By permitting the Texas Department of Criminal Justice (TDCJ) to establish a policy to provide in-cell education to certain offenders confined in administrative segregation, House Bill No. 47 would run counter to the purpose of administrative segregation, divert important education resources from other offenders, and highlight concerns the legislature has with educating offenders in administrative segregation.

      "Administrative segregation is generally used to punish offenders who are serious behavior problems. Offenders in administrative segregation lose a number of privileges, including participation in educational or vocational classes. I think it is important to remember why offenders are in administrative segregation and to be judicious in how privileges are returned to those offenders.

      "In addition, TDCJ estimates that implementation would require additional positions and supplies at a total annual cost of $2,736,782. I believe these funds are better spent on rehabilitating other, non-violent offenders.

      "Finally, it is worth comparing the provisions of the bill with the TDCJ budget rider that prohibits in-cell tutoring for offenders in administrative segregation. While I appreciate the distinction between these programs, it indicates to me that the legislature also has reservations about certain types of in-cell education for offenders in administrative segregation.

      "I hope the Board of Criminal Justice and the legislature will consider this matter further because there are some in administrative segregation, like those offenders who are there for their own protection, who should have access to education. Yet, providing education to offenders in administrative segregation must always be balanced against the reason we have administrative segregation."