By:  Delco                                            H.B. No. 1056
       73R4604 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of county jail industries programs and the
    1-3  use of county jail inmates for public works, public improvements,
    1-4  and public maintenance projects.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 351, Local Government Code, is amended by
    1-7  adding Subchapter I to read as follows:
    1-8             SUBCHAPTER I.  COUNTY JAIL INDUSTRIES PROGRAM
    1-9        Sec. 351.201.  COUNTY JAIL INDUSTRIES PROGRAM.  (a)  A
   1-10  commissioners court may establish a county jail industries program.
   1-11        (b)  The purpose of a county jail industries program is to:
   1-12              (1)  provide adequate, regular, and suitable employment
   1-13  for the vocational training of inmates;
   1-14              (2)  reimburse the county for expenses caused by the
   1-15  crimes of inmates and the cost of their confinement; and
   1-16              (3)  provide for the distribution of articles and
   1-17  products produced under this subchapter to offices of the county
   1-18  and offices of political subdivisions located in whole or in part
   1-19  in the county.
   1-20        (c)  A county jail industries program is under the control
   1-21  and management of the sheriff.
   1-22        Sec. 351.202.  ADVISORY COMMITTEE.  The commissioners court
   1-23  shall appoint a nine-member advisory committee to assist the
   1-24  sheriff in the management of the county jail industries program.
    2-1  Members of the advisory committee serve at the will of the
    2-2  commissioners court.
    2-3        Sec. 351.203.  RULES.  The sheriff, with the assistance of
    2-4  the advisory committee, shall adopt rules necessary for the
    2-5  administration of this subchapter.
    2-6        Sec. 351.204.  PRIORITIES.  The sheriff shall administer this
    2-7  subchapter first to fulfill the needs of county offices for
    2-8  articles and products produced under this subchapter and second to
    2-9  fulfill the needs of offices of political subdivisions located in
   2-10  whole or in part in the county for articles and products produced
   2-11  under this subchapter.
   2-12        Sec. 351.205.  PRODUCTS; PRICES.  The sheriff, with the
   2-13  assistance of the advisory committee, shall determine the articles
   2-14  and products to be produced under this subchapter and the sales
   2-15  prices of those articles and products.
   2-16        Sec. 351.206.  SPECIFICATIONS.  The sheriff, with the
   2-17  assistance of the advisory committee, shall establish
   2-18  specifications for articles and products produced under this
   2-19  subchapter.
   2-20        Sec. 351.207.  INMATE LABOR; PAY.  (a)  The sheriff shall use
   2-21  inmate labor in the county jail industries program.
   2-22        (b)  The sheriff may develop and administer, with the
   2-23  assistance of the advisory committee, an incentive pay scale for
   2-24  inmates confined in the county jail who participate in the county
   2-25  jail industries program.  The sheriff shall apportion pay earned by
   2-26  an inmate under this subchapter to the following persons and
   2-27  entities, in amounts determined at the discretion of the sheriff:
    3-1              (1)  persons to whom the inmate has been ordered by a
    3-2  court to pay restitution;
    3-3              (2)  the inmate's family and dependents;
    3-4              (3)  the county, as reimbursement for the cost of the
    3-5  inmate's confinement;
    3-6              (4)  the Compensation to Victims of Crime Fund created
    3-7  by Section 14, Crime Victims Compensation Act (Article 8309-1,
    3-8  Vernon's Texas Civil Statutes); and
    3-9              (5)  the inmate's trust fund.
   3-10        Sec. 351.208.  PROCEEDS.  Proceeds received from the
   3-11  operation of a county jail industries program shall be deposited in
   3-12  the general revenue fund of the county.
   3-13        SECTION 2.  Article 43.09(a), Code of Criminal Procedure, is
   3-14  amended to read as follows:
   3-15        (a)  When a defendant is convicted of a misdemeanor and his
   3-16  punishment is assessed at a pecuniary fine, if he is unable to pay
   3-17  the fine and costs adjudged against him, he may for such time as
   3-18  will satisfy the judgment be put to work in the county jail
   3-19  industries program, in the workhouse, or on the county farm, or
   3-20  public improvements and maintenance projects of the county or a
   3-21  political subdivision located in whole or in part in the county, as
   3-22  provided in the succeeding Article; or if there be no such county
   3-23  jail industries program, workhouse, farm, or improvements and
   3-24  maintenance projects, he shall be imprisoned in jail for a
   3-25  sufficient length of time to discharge the full amount of fine and
   3-26  costs adjudged against him; rating such imprisonment at $50 for
   3-27  each day and rating such labor at $50 for each day; provided,
    4-1  however, that the defendant may pay the pecuniary fine assessed
    4-2  against him at any time while he is serving at work in the county
    4-3  jail industries program, in the workhouse, or on the county farm,
    4-4  or on the public improvements and maintenance projects of the
    4-5  county or a political subdivision located in whole or in part in
    4-6  the county, or while he is serving his jail sentence, and in such
    4-7  instances he shall be entitled to the credit he has earned under
    4-8  this subsection during the time that he has served and he shall
    4-9  only be required to pay his balance of the pecuniary fine assessed
   4-10  against him.  A defendant who performs labor under this article
   4-11  during a day in which he is imprisoned is entitled to both the
   4-12  credit for imprisonment and the credit for labor provided by this
   4-13  article.
   4-14        SECTION 3.  Article 43.10(a), Code of Criminal Procedure, is
   4-15  amended to read as follows:
   4-16        (a)  Where the punishment assessed in a conviction for
   4-17  misdemeanor is confinement in jail for more than one day, or where
   4-18  in such conviction the punishment is assessed only at a pecuniary
   4-19  fine and the party so convicted is unable to pay the fine and costs
   4-20  adjudged against him, or where the party convicted is required to
   4-21  serve a period of confinement as a condition of probation, the
   4-22  party convicted or required to serve the period of confinement
   4-23  shall be required to work in the county jail industries program or
   4-24  shall be required to do manual labor in accordance with the
   4-25  provisions of this Article under the following rules and
   4-26  regulations:
   4-27              1.  Each commissioners court may provide for the
    5-1  erection of a workhouse and the establishment of a county farm in
    5-2  connection therewith for the purpose of utilizing the labor of said
    5-3  parties so convicted or required to serve a period of confinement;
    5-4              2.  Such farms and workhouses shall be under the
    5-5  control and management of the sheriff, and the sheriff may adopt
    5-6  such rules and regulations not inconsistent with the rules and
    5-7  regulations of the <Texas> Commission on Jail Standards and with
    5-8  the laws as the sheriff deems necessary;
    5-9              3.  Such overseers and guards may be employed by the
   5-10  sheriff under the authority of the commissioners court as may be
   5-11  necessary to prevent escapes and to enforce such labor, and they
   5-12  shall be paid out of the county treasury such compensation as the
   5-13  commissioners court may prescribe;
   5-14              4.  They shall be put to labor upon public works and
   5-15  maintenance projects, including public works and maintenance
   5-16  projects for a political subdivision located in whole or in part in
   5-17  the county;
   5-18              5.  One who from age, disease, or other physical or
   5-19  mental disability is unable to do manual labor shall not be
   5-20  required to work.  His inability to do manual labor may be
   5-21  determined by a physician appointed for that purpose by the county
   5-22  judge or the commissioners court, who shall be paid for such
   5-23  service such compensation as said court may allow; and
   5-24              6.  For each day of manual labor, in addition to any
   5-25  other credits allowed by law, a prisoner is entitled to have one
   5-26  day deducted from each sentence or period of confinement he is
   5-27  serving.  The deduction authorized by this article, when combined
    6-1  with the deduction required by Article 42.10 of this code<, Code of
    6-2  Criminal Procedure,> may not exceed two-thirds (2/3) of the
    6-3  sentence or period of confinement.
    6-4        SECTION 4.  The importance of this legislation and the
    6-5  crowded condition of the calendars in both houses create an
    6-6  emergency and an imperative public necessity that the
    6-7  constitutional rule requiring bills to be read on three several
    6-8  days in each house be suspended, and this rule is hereby suspended,
    6-9  and that this Act take effect and be in force from and after its
   6-10  passage, and it is so enacted.