By:  Whitmire                                          S.B. No. 378
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to maximizing the availability of federal funds to the
    1-2  Texas Department of Criminal Justice and to the efficient and
    1-3  economical operation of the department.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5                               ARTICLE 1
    1-6        SECTION 1.01.  Chapter 493, Government Code, is amended by
    1-7  adding Section 493.013 to read as follows:
    1-8        Sec. 493.013.  FEDERAL FUNDS COMMITTEE.  (a)  The board shall
    1-9  ensure that the federal funds committee of the department includes
   1-10  representatives of all divisions of the department that may be able
   1-11  to assist the committee in identifying and qualifying for
   1-12  additional federal funds, specifically including the offices of the
   1-13  institutional division that manage agricultural and industrial
   1-14  issues.
   1-15        (b)  The board shall require the committee to:
   1-16              (1)  maximize federal grant and entitlement funding
   1-17  available to the state;
   1-18              (2)  submit biennially to the board a detailed report
   1-19  that includes information on all federal grants and entitlements
   1-20  identified and applied for by the committee and the results of the
   1-21  applications; and
   1-22              (3)  work in conjunction with the Office of
   1-23  State-Federal Relations to investigate the applicability of:
   1-24                    (A)  the national school lunch program to inmates
    2-1  who are pursuing a primary or secondary education while confined in
    2-2  the institutional division; and
    2-3                    (B)  the food stamp program administered under
    2-4  Chapter 33, Human Resources Code, to inmates who are confined and
    2-5  treated in substance abuse felony punishment facilities.
    2-6                               ARTICLE 2
    2-7        SECTION 2.01.  Section 494.007, Government Code, is amended
    2-8  to read as follows:
    2-9        Sec. 494.007.  Employees' Salaries, Room and Board, Medical
   2-10  Care.  (a)  Salaries of employees of the institutional division and
   2-11  the provision of board, lodging, uniforms, and other provisions to
   2-12  employees are as provided by the General Appropriations Act.
   2-13        (b)  The department, in preparing its biennial budget
   2-14  request, shall review the rent charged department employees for
   2-15  state-owned housing and the department's policy of providing
   2-16  rent-free state-owned housing to certain employees.  The
   2-17  department, as part of the budget request, shall adjust the rent
   2-18  charged employees as necessary to more closely reflect the market
   2-19  value of the housing and shall adjust the list of employees
   2-20  receiving rent-free housing if necessary to comply with the General
   2-21  Appropriations Act, state law, or policies on rent-free housing
   2-22  adopted by the Texas Department of Criminal Justice.  If the
   2-23  department determines that no adjustment in rent charged to
   2-24  employees is necessary for a biennium, the department shall state
   2-25  that fact in the department's budget request.
   2-26        (c)  Employees of the institutional division who are injured
   2-27  in the line of duty are entitled to receive free medical care and
    3-1  hospitalization from division doctors and the division hospital.
    3-2                               ARTICLE 3
    3-3        SECTION 3.01.  Chapter 494, Government Code, is amended by
    3-4  adding Section 494.011 to read as follows:
    3-5        Sec. 494.011.  ASSESSMENT OF UNIT DESIGN AND SECURITY
    3-6  SYSTEMS.  (a)  In order to ensure that the institutional division
    3-7  is managed effectively, the division not less than once every three
    3-8  years shall assess the long-term administrative segregation and
    3-9  maximum security needs of the division.  The institutional division
   3-10  shall report to the Legislative Criminal Justice Board the results
   3-11  of each assessment made under this section not later than one year
   3-12  after the assessment is completed.
   3-13        (b)  The institutional division shall include in the
   3-14  assessment:
   3-15              (1)  a feasibility study on the conversion of at least
   3-16  one maximum security facility into a medium security facility;
   3-17              (2)  a review of the division's unit design prototypes
   3-18  to determine whether the prototypes could be improved by:
   3-19                    (A)  the use of new technologies;
   3-20                    (B)  redesign of interiors and exteriors to
   3-21  improve visibility within the prototypes; or
   3-22                    (C)  the use of other cost-saving measures;
   3-23              (3)  a feasibility study on increased use of
   3-24  closed-circuit camera technology, electronic perimeter detection
   3-25  technology, or other electronic technology; and
   3-26              (4)  a review of any other issues the division
   3-27  determines are relevant to the continued improvement and
    4-1  cost-effectiveness of the system's security system.
    4-2        (c)  The institutional division shall include in the report
    4-3  to the Legislative Criminal Justice Board required by Subsection
    4-4  (a) with the results of the assessment:
    4-5              (1)  a description, with documentation, of the
    4-6  distribution of levels of security within the institutional
    4-7  division;
    4-8              (2)  a comparison of the distribution of levels of
    4-9  security within the division to the distribution of levels of
   4-10  security in prisons in other states; and
   4-11              (3)  if there is a disparity between the distribution
   4-12  of levels of security within the institutional division and that in
   4-13  prisons in other states, a discussion of whether that disparity is
   4-14  in the best interest of the institutional division.
   4-15        SECTION 3.02.  The institutional division of the Texas
   4-16  Department of Criminal Justice shall complete the first assessment
   4-17  required by Section 494.011, Government Code, as added by this
   4-18  article, not later than December 31, 1993.
   4-19                               ARTICLE 4
   4-20        SECTION 4.01.  Chapter 494, Government Code, is amended by
   4-21  adding Section 494.012 to read as follows:
   4-22        Sec. 494.012.  MAINTENANCE STAFF.  (a)  The director of the
   4-23  institutional division shall evaluate the efficiency of the
   4-24  maintenance staff of each unit of the division.
   4-25        (b)  The institutional division may assign a staff member to
   4-26  more than one unit of the division to increase the efficiency of
   4-27  the maintenance staff.
    5-1        (c)  The institutional division shall assign a maintenance
    5-2  staff member to two or more units of the division if the division
    5-3  determines that such an assignment is cost-effective.
    5-4        (d)  The institutional division may not employ an assistant
    5-5  unit maintenance manager for a maintenance staff of a unit of the
    5-6  division unless the division determines that the employment of an
    5-7  assistant unit manager at that unit is cost-effective.
    5-8        SECTION 4.02.  Chapter 496, Government Code, is amended by
    5-9  adding Subchapter C to read as follows:
   5-10                 SUBCHAPTER C.  MANAGEMENT OF PROPERTY
   5-11        Sec. 496.101.  AUTOMATED INVENTORY AND MAINTENANCE SYSTEM.
   5-12  (a)  The department shall establish for each unit of the
   5-13  institutional division an automated inventory and maintenance
   5-14  system that interacts with the centralized computer system of the
   5-15  department.
   5-16        (b)  The system must maintain inventory records for parts and
   5-17  supplies control, monitor preventive maintenance and warranty
   5-18  schedules for equipment, estimate time standards for maintenance
   5-19  jobs, and organize a work order control process.
   5-20                               ARTICLE 5
   5-21        SECTION 5.01.  Chapter 494, Government Code, is amended by
   5-22  adding Section 494.013 to read as follows:
   5-23        Sec. 494.013.  COMPUTER UTILIZATION STUDY.  (a)  The
   5-24  Department of Information Resources shall conduct a study of the
   5-25  underutilization of computers by the institutional division.  The
   5-26  department shall identify areas in which the division may increase
   5-27  efficiency and productivity through the use of computers.
    6-1        (b)  The Department of Information Resources shall develop
    6-2  strategies for the institutional division for expanding or
    6-3  implementing the use of computers to support word processing and
    6-4  for maintaining, processing, or analyzing information in areas such
    6-5  as equipment or property management, maintenance and supplies
    6-6  costs, inmate disturbances, cell allocation, inmate population,
    6-7  visitors, local key control, budgeting, staff management, and
    6-8  legislation affecting inmate population.
    6-9        (c)  The Department of Information Resources shall complete
   6-10  the study and develop the strategies required by this section not
   6-11  later than September 1, 1994.  The Texas Board of Criminal Justice
   6-12  shall request from the legislature at the earliest opportunity any
   6-13  legislation or appropriations necessary for the implementation of
   6-14  the strategies.  This section expires January 31, 1995.
   6-15                               ARTICLE 6
   6-16        SECTION 6.01.  Section 495.007, Government Code, is amended
   6-17  to read as follows:
   6-18        Sec. 495.007.  LIMITATION.  The board may not enter into
   6-19  contracts under this subchapter for more than 4,080 <4,000> beds.
   6-20                               ARTICLE 7
   6-21        SECTION 7.01.  Subsection (b), Section 501.015, Government
   6-22  Code, is amended to read as follows:
   6-23        (b)  When an inmate is discharged or is released on parole,
   6-24  mandatory supervision, or conditional pardon, the inmate is
   6-25  entitled to receive $100 <$200> from the department and
   6-26  transportation at the expense of the department to the location at
   6-27  which the inmate is required to report to a parole officer
    7-1  <institutional division as provided by this subsection.  The
    7-2  department shall give the inmate $100 on discharge.  A parole
    7-3  officer to whom the inmate is required to report> by the pardons
    7-4  and paroles division <shall give the inmate the remaining $100 if
    7-5  the inmate reports to the officer within the time specified by the
    7-6  board>.  If an inmate is released and is not required by the
    7-7  pardons and paroles division to report to a parole officer or is
    7-8  authorized by the pardons and paroles division to report to a
    7-9  location outside this state, the department <institutional
   7-10  division> shall provide the inmate, at the expense of the
   7-11  department, with transportation to:
   7-12              (1)  the location of the inmate's residence, if the
   7-13  residence is in this state; or
   7-14              (2)  a transit point determined appropriate by the
   7-15  department, if the inmate's residence is outside this state or the
   7-16  inmate is required by the pardons and paroles division to report to
   7-17  a location outside this state <give the inmate $200 on discharge or
   7-18  release>.
   7-19                               ARTICLE 8
   7-20        SECTION 8.01.  Subchapter B, Chapter 501, Government Code, is
   7-21  amended by adding Section 501.059 to read as follows:
   7-22        Sec. 501.059.  MANAGED HEALTH CARE ADVISORY COMMITTEE.
   7-23  (a)  The Managed Health Care Advisory Committee to the Texas
   7-24  Department of Criminal Justice is established.
   7-25        (b)  The committee consists of:
   7-26              (1)  two members employed full-time by the department,
   7-27  at least one of whom is a physician, appointed by the executive
    8-1  director;
    8-2              (2)  two members employed full-time by The University
    8-3  of Texas Medical Branch at Galveston, at least one of whom is a
    8-4  physician, appointed by the president of the medical branch; and
    8-5              (3)  two members employed full-time by the Texas Tech
    8-6  University Health Sciences Center, at least one of whom is a
    8-7  physician, appointed by the president of the university.
    8-8        (c)  A committee member serves at the pleasure of the
    8-9  appointing official or until termination of the member's employment
   8-10  with the entity the member represents.
   8-11        (d)  An appointment to the committee shall be made without
   8-12  regard to the race, creed, sex, religion, or national origin of the
   8-13  appointee.
   8-14        (e)  A committee member serves without compensation but is
   8-15  entitled to reimbursement for actual and necessary expenses
   8-16  incurred in the performance of the duties of the committee.
   8-17        (f)  The committee may hire a managed health care
   8-18  administrator and may employ personnel necessary for the
   8-19  administration of the committee's duties.
   8-20        (g)  The committee shall develop a managed health care plan
   8-21  for all inmates at the institutional division that includes:
   8-22              (1)  the establishment of a preferred provider
   8-23  arrangement network of physicians and hospitals that will serve the
   8-24  institutional division as the exclusive health care provider for
   8-25  inmates at each facility of the institutional division;
   8-26              (2)  cost containment studies; and
   8-27              (3)  care case management and utilization management
    9-1  studies performed exclusively for the institutional division.
    9-2        (h)  To the extent possible the committee shall integrate the
    9-3  preferred provider arrangement network with the public medical
    9-4  schools of this state and the component hospitals of those medical
    9-5  schools.
    9-6        (i)  After the committee determines that the preferred
    9-7  provider arrangement network is fully in operation, the committee
    9-8  shall initiate a competitive bidding process for contracts under
    9-9  this section to provide medical care to inmates confined in the
   9-10  institutional division.
   9-11        (j)  The committee may enter into a contract on behalf of the
   9-12  department to fully implement the managed health care plan under
   9-13  Subsection (g).
   9-14        (k)  The department shall pay necessary costs for the
   9-15  operation of the committee, including costs of personnel, from
   9-16  funds appropriated by the legislature to the department.
   9-17                               ARTICLE 9
   9-18        SECTION 9.01.  This Act takes effect immediately, except
   9-19  that:
   9-20              (1)  Section 4.02 takes effect January 1, 1994; and
   9-21              (2)  Section 7.01 takes effect September 1, 1993.
   9-22        SECTION 9.02.  The importance of this legislation and the
   9-23  crowded condition of the calendars in both houses create an
   9-24  emergency and an imperative public necessity that the
   9-25  constitutional rule requiring bills to be read on three several
   9-26  days in each house be suspended, and this rule is hereby suspended,
   9-27  and that this Act take effect and be in force according to its
   10-1  terms, and it is so enacted.