By: Whitmire S.B. No. 378
73R4747 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to maximizing the availability of federal funds to the
1-3 Texas Department of Criminal Justice and to the efficient and
1-4 economical operation of the institutional division of the
1-5 department.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1
1-8 SECTION 1.01. Chapter 493, Government Code, is amended by
1-9 adding Section 493.013 to read as follows:
1-10 Sec. 493.013. FEDERAL FUNDS COMMITTEE. (a) The board shall
1-11 ensure that the federal funds committee of the department includes
1-12 representatives of all divisions of the department that may be able
1-13 to assist the committee in identifying and qualifying for
1-14 additional federal funds, specifically including the offices of the
1-15 institutional division that manage agricultural and industrial
1-16 issues.
1-17 (b) The board shall require the committee to:
1-18 (1) maximize federal grant and entitlement funding
1-19 available to the state;
1-20 (2) submit biennially to the board a detailed report
1-21 that includes information on all federal grants and entitlements
1-22 identified and applied for by the committee and the results of the
1-23 applications; and
1-24 (3) work in conjunction with the Office of
2-1 State-Federal Relations to investigate the applicability of:
2-2 (A) the national school lunch program to inmates
2-3 who are pursuing a primary or secondary education while confined in
2-4 the institutional division; and
2-5 (B) the food stamp program administered under
2-6 Chapter 33, Human Resources Code, to inmates who are confined and
2-7 treated in substance abuse felony punishment facilities.
2-8 ARTICLE 2
2-9 SECTION 2.01. Section 494.007, Government Code, is amended
2-10 to read as follows:
2-11 Sec. 494.007. Employees' Salaries, Room and Board, Medical
2-12 Care. (a) Salaries of employees of the institutional division and
2-13 the provision of board, lodging, uniforms, and other provisions to
2-14 employees are as provided by the General Appropriations Act.
2-15 (b) The department, in preparing its biennial budget
2-16 request, shall review the rent charged department employees for
2-17 state-owned housing and the department's policy of providing
2-18 rent-free state-owned housing to certain employees. The
2-19 department, as part of the budget request, shall adjust the rent
2-20 charged employees as necessary to more closely reflect the market
2-21 value of the housing and shall adjust the list of employees
2-22 receiving rent-free housing if necessary to comply with policies on
2-23 rent-free housing adopted by the Texas Department of Corrections in
2-24 1984. If the department determines that no adjustment in rent
2-25 charged to employees is necessary for a biennium, the department
2-26 shall state that fact in the department's budget request.
2-27 (c) Employees of the institutional division who are injured
3-1 in the line of duty are entitled to receive free medical care and
3-2 hospitalization from division doctors and the division hospital.
3-3 ARTICLE 3
3-4 SECTION 3.01. Chapter 494, Government Code, is amended by
3-5 adding Section 494.011 to read as follows:
3-6 Sec. 494.011. ASSESSMENT OF UNIT DESIGN AND SECURITY
3-7 SYSTEMS. (a) In order to ensure that the institutional division
3-8 is managed effectively, the division not less than once every three
3-9 years shall assess the long-term administrative segregation and
3-10 maximum security needs of the division. The institutional division
3-11 shall report to the Legislative Criminal Justice Board the results
3-12 of each assessment made under this section not later than one year
3-13 after the assessment is completed.
3-14 (b) The institutional division shall include in the
3-15 assessment:
3-16 (1) a feasibility study on the conversion of at least
3-17 one maximum security facility into a medium security facility;
3-18 (2) a review of the division's unit design prototypes
3-19 to determine whether the prototypes could be improved by:
3-20 (A) the use of new technologies;
3-21 (B) redesign of interiors and exteriors to
3-22 improve visibility within the prototypes; or
3-23 (C) the use of other cost-saving measures;
3-24 (3) a feasibility study on increased use of
3-25 closed-circuit camera technology, electronic perimeter detection
3-26 technology, or other electronic technology; and
3-27 (4) a review of any other issues the division
4-1 determines are relevant to the continued improvement and
4-2 cost-effectiveness of the system's security system.
4-3 (c) The institutional division shall include in the report
4-4 to the Legislative Criminal Justice Board required by Subsection
4-5 (a) with the results of the assessment:
4-6 (1) a description, with documentation, of the
4-7 distribution of levels of security within the institutional
4-8 division;
4-9 (2) a comparison of the distribution of levels of
4-10 security within the division to the distribution of levels of
4-11 security in prisons in other states; and
4-12 (3) if there is a disparity between the distribution
4-13 of levels of security within the institutional division and that in
4-14 prisons in other states, a discussion of whether that disparity is
4-15 in the best interest of the institutional division.
4-16 SECTION 3.02. The institutional division of the Texas
4-17 Department of Criminal Justice shall complete the first assessment
4-18 required by Section 494.011, Government Code, as added by this
4-19 article, not later than December 31, 1993.
4-20 ARTICLE 4
4-21 SECTION 4.01. Chapter 494, Government Code, is amended by
4-22 adding Section 494.012 to read as follows:
4-23 Sec. 494.012. MAINTENANCE STAFF. (a) The director of the
4-24 institutional division shall evaluate the efficiency of the
4-25 maintenance staff of each unit of the division.
4-26 (b) The institutional division may assign a staff member to
4-27 more than one unit of the division to increase the efficiency of
5-1 the maintenance staff.
5-2 (c) The institutional division shall assign maintenance
5-3 staff members who are painters or carpenters to two or more units
5-4 of the division, if the units are located within a 15-mile radius
5-5 of each other.
5-6 (d) The institutional division may not employ an assistant
5-7 unit maintenance manager for a maintenance staff of a unit of the
5-8 division that has eight or fewer staff members.
5-9 SECTION 4.02. Chapter 496, Government Code, is amended by
5-10 adding Subchapter C to read as follows:
5-11 SUBCHAPTER C. MANAGEMENT OF PROPERTY
5-12 Sec. 496.101. AUTOMATED INVENTORY AND MAINTENANCE SYSTEM.
5-13 (a) The department shall establish for each unit of the
5-14 institutional division an automated inventory and maintenance
5-15 system that interacts with the centralized computer system of the
5-16 department.
5-17 (b) The system must maintain inventory records for parts and
5-18 supplies control, monitor preventive maintenance and warranty
5-19 schedules for equipment, estimate time standards for maintenance
5-20 jobs, and organize a work order control process.
5-21 ARTICLE 5
5-22 SECTION 5.01. Chapter 494, Government Code, is amended by
5-23 adding Section 494.013 to read as follows:
5-24 Sec. 494.013. COMPUTER UTILIZATION STUDY. (a) The
5-25 Department of Information Resources shall conduct a study of the
5-26 underutilization of computers by the institutional division. The
5-27 department shall identify areas in which the division may increase
6-1 efficiency and productivity through the use of computers.
6-2 (b) The Department of Information Resources shall develop
6-3 strategies for the institutional division for expanding or
6-4 implementing the use of computers for creating local area networks
6-5 to support word processing and for maintaining, processing, or
6-6 analyzing information in areas such as equipment or property
6-7 management, maintenance and supplies costs, inmate disturbances,
6-8 cell allocation, inmate population, visitors, local key control,
6-9 budgeting, staff management, and legislation affecting inmate
6-10 population.
6-11 (c) The Department of Information Resources shall complete
6-12 the study and develop the strategies required by this section not
6-13 later than September 1, 1994. The Texas Board of Criminal Justice
6-14 shall request from the legislature at the earliest opportunity any
6-15 legislation or appropriations necessary for the implementation of
6-16 the strategies. This section expires January 31, 1995.
6-17 ARTICLE 6
6-18 SECTION 6.01. Section 495.007, Government Code, is amended
6-19 to read as follows:
6-20 Sec. 495.007. LIMITATION. The board may not enter into
6-21 contracts under this subchapter for more than 4,080 <4,000> beds.
6-22 ARTICLE 7
6-23 SECTION 7.01. Subchapter B, Chapter 495, Government Code, is
6-24 amended by adding Section 495.024 to read as follows:
6-25 Sec. 495.024. INMATE TELEPHONE SERVICE. (a) The
6-26 institutional division shall request proposals from private vendors
6-27 for contracts to provide telephone service to inmates. The
7-1 institutional division may not consider a proposal or award a
7-2 contract to provide the service unless under the contract the
7-3 vendor:
7-4 (1) provides for installation, operation, and
7-5 maintenance of the service without any cost to the state;
7-6 (2) stations at each institutional division unit or
7-7 group of proximately located units one or more employees who:
7-8 (A) compile inmate calling lists;
7-9 (B) verify numbers to be called by inmates;
7-10 (C) enter data for personal identification
7-11 numbers; and
7-12 (D) generate reports to institutional division
7-13 personnel on inmate calling patterns;
7-14 (3) provides on-site monitoring of calling patterns
7-15 and customizes technology to provide adequate system security;
7-16 (4) provides a fully automated system that does not
7-17 require an institutional division operator;
7-18 (5) has the capability to limit the duration and
7-19 frequency of calls in order to reduce the likelihood of a
7-20 significant financial burden on an inmate's family; and
7-21 (6) pays the department a reasonable commission based
7-22 on the total amount billed for inmate telephone usage.
7-23 (b) The institutional division may award a contract to one
7-24 or more private vendors to provide the telephone service. The term
7-25 of the contract may not be more than four years. The contract may
7-26 contain an option allowing the division to elect to renew the
7-27 contract for a second term of not more than four years.
8-1 (c) If the institutional division determines during or at
8-2 the end of the contract period that the inmate telephone service
8-3 provided under the contract is of a sufficient quality and is cost
8-4 effective, the division shall request additional proposals for
8-5 contracts and award one or more contracts as provided by this
8-6 section.
8-7 (d) The department shall transfer all commission paid to the
8-8 department by a vendor under this section to the comptroller of
8-9 public accounts. The comptroller shall deposit 95 percent of the
8-10 commissions in the state treasury to the credit of the general
8-11 revenue fund and five percent of the commissions in the state
8-12 treasury to the credit of the compensation to victims of crime fund
8-13 created under Section 14, Crime Victims Compensation Act (Article
8-14 8309-1, Vernon's Texas Civil Statutes).
8-15 ARTICLE 8
8-16 SECTION 8.01. Section 501.015(b), Government Code, is
8-17 amended to read as follows:
8-18 (b) When an inmate is discharged or is released on parole,
8-19 mandatory supervision, or conditional pardon, the inmate is
8-20 entitled to receive $100 <$200> from the institutional division and
8-21 transportation by the institutional division to the location at
8-22 which the inmate is required to report to a parole officer <as
8-23 provided by this subsection. The department shall give the inmate
8-24 $100 on discharge. A parole officer to whom the inmate is required
8-25 to report> by the pardons and paroles division <shall give the
8-26 inmate the remaining $100 if the inmate reports to the officer
8-27 within the time specified by the board>. If an inmate is released
9-1 and is not required by the pardons and paroles division to report
9-2 to a parole officer or is authorized by the pardons and paroles
9-3 division to report to a location outside this state, the
9-4 institutional division shall provide the inmate with transportation
9-5 to:
9-6 (1) the location of the inmate's residence, if the
9-7 residence is in this state; or
9-8 (2) a transit point determined appropriate by the
9-9 institutional division, if the inmate's residence is outside of
9-10 this state or the inmate is required by the pardons and paroles
9-11 division to report to a location outside of this state <give the
9-12 inmate $200 on discharge or release>.
9-13 ARTICLE 9
9-14 SECTION 9.01. Subchapter B, Chapter 501, Government Code, is
9-15 amended by adding Section 501.0515 to read as follows:
9-16 Sec. 501.0515. MEDICAL FACILITIES AT TEXAS TECH UNIVERSITY
9-17 HEALTH SCIENCES CENTER. (a) The institutional division shall
9-18 construct a secured medical facility at the Texas Tech University
9-19 Health Sciences Center for use by the division in the treatment of
9-20 division patients from facilities of the division located in the
9-21 western region of this state. The institutional division shall
9-22 provide security at the medical facility. The medical facility
9-23 shall provide the same level of care as is provided for patients in
9-24 other facilities of the Texas Tech University Health Sciences
9-25 Center.
9-26 (b) The institutional division shall establish and maintain
9-27 an overnight holding facility for inmate outpatients at the Texas
10-1 Tech University Health Sciences Center.
10-2 (c) The institutional division and the Texas Tech University
10-3 Health Sciences Center shall by rule adopt a memorandum of
10-4 understanding that establishes the responsibilities of the division
10-5 and the university in providing security and providing medical
10-6 care. The memorandum must also establish a joint peer review
10-7 committee and a joint utilization review committee. Each committee
10-8 shall be composed of medical personnel employed by the
10-9 institutional division and by the university. The joint peer
10-10 review committee shall review all case files to determine whether
10-11 the quality of medical care provided is adequate, according to
10-12 accepted medical standards. The joint utilization review committee
10-13 shall review all case files to determine whether treatment given is
10-14 medically necessary under the circumstances of each case, taking
10-15 into account accepted medical standards. The institutional
10-16 division shall coordinate the development of the memorandum of
10-17 understanding.
10-18 SECTION 9.02. Subchapter B, Chapter 501, Government Code, is
10-19 amended by adding Section 501.059 to read as follows:
10-20 Sec. 501.059. MANAGED HEALTH CARE ADVISORY COMMITTEE. (a)
10-21 The Managed Health Care Advisory Committee to the Texas Department
10-22 of Criminal Justice is established.
10-23 (b) The committee consists of:
10-24 (1) two members employed full-time by the department,
10-25 at least one of whom is a physician, appointed by the executive
10-26 director;
10-27 (2) two members employed full-time by The University
11-1 of Texas Medical Branch at Galveston, at least one of whom is a
11-2 physician, appointed by the president of the medical branch; and
11-3 (3) two members employed full-time by the Texas Tech
11-4 University Health Sciences Center, at least one of whom is a
11-5 physician, appointed by the president of the university.
11-6 (c) A committee member serves at the pleasure of the
11-7 appointing official or until termination of the member's employment
11-8 with the entity the member represents.
11-9 (d) An appointment to the committee shall be made without
11-10 regard to the race, creed, sex, religion, or national origin of the
11-11 appointee.
11-12 (e) A committee member serves without compensation but is
11-13 entitled to reimbursement for actual and necessary expenses
11-14 incurred in the performance of the duties of the committee.
11-15 (f) The committee may hire a managed health care
11-16 administrator and may employ personnel necessary for the
11-17 administration of the committee's duties.
11-18 (g) The committee shall develop a managed health care plan
11-19 for all inmates at the institutional division that includes:
11-20 (1) the establishment of a preferred provider
11-21 arrangement network of physicians and hospitals that will serve the
11-22 institutional division as the exclusive health care provider for
11-23 inmates at each facility of the institutional division;
11-24 (2) cost containment studies; and
11-25 (3) care case management and utilization management
11-26 studies performed exclusively for the institutional division.
11-27 (h) To the extent possible the committee shall integrate the
12-1 preferred provider arrangement network with the public medical
12-2 schools of this state and the component hospitals of those medical
12-3 schools.
12-4 (i) After the committee determines that the preferred
12-5 provider arrangement network is fully in operation, the committee
12-6 shall initiate a competitive bidding process for contracts under
12-7 this section to provide medical care to inmates confined in the
12-8 institutional division.
12-9 (j) The committee may enter into a contract on behalf of the
12-10 department to fully implement the managed health care plan under
12-11 Subsection (g).
12-12 (k) The department shall pay necessary costs for the
12-13 operation of the committee, including costs of personnel, from
12-14 funds appropriated by the legislature to the department.
12-15 ARTICLE 10
12-16 SECTION 10.01. This Act takes effect immediately, except
12-17 that:
12-18 (1) Section 4.02 takes effect January 1, 1994; and
12-19 (2) Section 8.01 takes effect September 1, 1993.
12-20 SECTION 10.02. The importance of this legislation and the
12-21 crowded condition of the calendars in both houses create an
12-22 emergency and an imperative public necessity that the
12-23 constitutional rule requiring bills to be read on three several
12-24 days in each house be suspended, and this rule is hereby suspended,
12-25 and that this Act take effect and be in force according to its
12-26 terms, and it is so enacted.