1-1 By: Whitmire S.B. No. 378
1-2 (In the Senate - Filed February 17, 1993; February 17, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 22, 1993, rereferred to Committee on Finance;
1-5 February 23, 1993, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 12, Nays 1;
1-7 February 23, 1993, sent to printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Montford x
1-11 Turner x
1-12 Armbrister x
1-13 Barrientos x
1-14 Bivins x
1-15 Ellis x
1-16 Haley x
1-17 Moncrief x
1-18 Parker x
1-19 Ratliff x
1-20 Sims x
1-21 Truan x
1-22 Zaffirini x
1-23 COMMITTEE SUBSTITUTE FOR S.B. No. 378 By: Turner
1-24 A BILL TO BE ENTITLED
1-25 AN ACT
1-26 relating to maximizing the availability of federal funds to the
1-27 Texas Department of Criminal Justice and to the efficient and
1-28 economical operation of the department.
1-29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-30 ARTICLE 1
1-31 SECTION 1.01. Chapter 493, Government Code, is amended by
1-32 adding Section 493.013 to read as follows:
1-33 Sec. 493.013. FEDERAL FUNDS COMMITTEE. (a) The board shall
1-34 ensure that the federal funds committee of the department includes
1-35 representatives of all divisions of the department that may be able
1-36 to assist the committee in identifying and qualifying for
1-37 additional federal funds, specifically including the offices of the
1-38 institutional division that manage agricultural and industrial
1-39 issues.
1-40 (b) The board shall require the committee to:
1-41 (1) maximize federal grant and entitlement funding
1-42 available to the state;
1-43 (2) submit biennially to the board a detailed report
1-44 that includes information on all federal grants and entitlements
1-45 identified and applied for by the committee and the results of the
1-46 applications; and
1-47 (3) work in conjunction with the Office of
1-48 State-Federal Relations to investigate the applicability of:
1-49 (A) the national school lunch program to inmates
1-50 who are pursuing a primary or secondary education while confined in
1-51 the institutional division; and
1-52 (B) the food stamp program administered under
1-53 Chapter 33, Human Resources Code, to inmates who are confined and
1-54 treated in substance abuse felony punishment facilities.
1-55 ARTICLE 2
1-56 SECTION 2.01. Section 494.007, Government Code, is amended
1-57 to read as follows:
1-58 Sec. 494.007. Employees' Salaries, Room and Board, Medical
1-59 Care. (a) Salaries of employees of the institutional division and
1-60 the provision of board, lodging, uniforms, and other provisions to
1-61 employees are as provided by the General Appropriations Act.
1-62 (b) The department, in preparing its biennial budget
1-63 request, shall review the rent charged department employees for
1-64 state-owned housing and the department's policy of providing
1-65 rent-free state-owned housing to certain employees. The
1-66 department, as part of the budget request, shall adjust the rent
1-67 charged employees as necessary to more closely reflect the market
1-68 value of the housing and shall adjust the list of employees
2-1 receiving rent-free housing if necessary to comply with the General
2-2 Appropriations Act, state law, or policies on rent-free housing
2-3 adopted by the Texas Department of Criminal Justice. If the
2-4 department determines that no adjustment in rent charged to
2-5 employees is necessary for a biennium, the department shall state
2-6 that fact in the department's budget request.
2-7 (c) Employees of the institutional division who are injured
2-8 in the line of duty are entitled to receive free medical care and
2-9 hospitalization from division doctors and the division hospital.
2-10 ARTICLE 3
2-11 SECTION 3.01. Chapter 494, Government Code, is amended by
2-12 adding Section 494.011 to read as follows:
2-13 Sec. 494.011. ASSESSMENT OF UNIT DESIGN AND SECURITY
2-14 SYSTEMS. (a) In order to ensure that the institutional division
2-15 is managed effectively, the division not less than once every three
2-16 years shall assess the long-term administrative segregation and
2-17 maximum security needs of the division. The institutional division
2-18 shall report to the Legislative Criminal Justice Board the results
2-19 of each assessment made under this section not later than one year
2-20 after the assessment is completed.
2-21 (b) The institutional division shall include in the
2-22 assessment:
2-23 (1) a feasibility study on the conversion of at least
2-24 one maximum security facility into a medium security facility;
2-25 (2) a review of the division's unit design prototypes
2-26 to determine whether the prototypes could be improved by:
2-27 (A) the use of new technologies;
2-28 (B) redesign of interiors and exteriors to
2-29 improve visibility within the prototypes; or
2-30 (C) the use of other cost-saving measures;
2-31 (3) a feasibility study on increased use of
2-32 closed-circuit camera technology, electronic perimeter detection
2-33 technology, or other electronic technology; and
2-34 (4) a review of any other issues the division
2-35 determines are relevant to the continued improvement and
2-36 cost-effectiveness of the system's security system.
2-37 (c) The institutional division shall include in the report
2-38 to the Legislative Criminal Justice Board required by Subsection
2-39 (a) with the results of the assessment:
2-40 (1) a description, with documentation, of the
2-41 distribution of levels of security within the institutional
2-42 division;
2-43 (2) a comparison of the distribution of levels of
2-44 security within the division to the distribution of levels of
2-45 security in prisons in other states; and
2-46 (3) if there is a disparity between the distribution
2-47 of levels of security within the institutional division and that in
2-48 prisons in other states, a discussion of whether that disparity is
2-49 in the best interest of the institutional division.
2-50 SECTION 3.02. The institutional division of the Texas
2-51 Department of Criminal Justice shall complete the first assessment
2-52 required by Section 494.011, Government Code, as added by this
2-53 article, not later than December 31, 1993.
2-54 ARTICLE 4
2-55 SECTION 4.01. Chapter 494, Government Code, is amended by
2-56 adding Section 494.012 to read as follows:
2-57 Sec. 494.012. MAINTENANCE STAFF. (a) The director of the
2-58 institutional division shall evaluate the efficiency of the
2-59 maintenance staff of each unit of the division.
2-60 (b) The institutional division may assign a staff member to
2-61 more than one unit of the division to increase the efficiency of
2-62 the maintenance staff.
2-63 (c) The institutional division shall assign a maintenance
2-64 staff member to two or more units of the division if the division
2-65 determines that such an assignment is cost-effective.
2-66 (d) The institutional division may not employ an assistant
2-67 unit maintenance manager for a maintenance staff of a unit of the
2-68 division unless the division determines that the employment of an
2-69 assistant unit manager at that unit is cost-effective.
2-70 SECTION 4.02. Chapter 496, Government Code, is amended by
3-1 adding Subchapter C to read as follows:
3-2 SUBCHAPTER C. MANAGEMENT OF PROPERTY
3-3 Sec. 496.101. AUTOMATED INVENTORY AND MAINTENANCE SYSTEM.
3-4 (a) The department shall establish for each unit of the
3-5 institutional division an automated inventory and maintenance
3-6 system that interacts with the centralized computer system of the
3-7 department.
3-8 (b) The system must maintain inventory records for parts and
3-9 supplies control, monitor preventive maintenance and warranty
3-10 schedules for equipment, estimate time standards for maintenance
3-11 jobs, and organize a work order control process.
3-12 ARTICLE 5
3-13 SECTION 5.01. Chapter 494, Government Code, is amended by
3-14 adding Section 494.013 to read as follows:
3-15 Sec. 494.013. COMPUTER UTILIZATION STUDY. (a) The
3-16 Department of Information Resources shall conduct a study of the
3-17 underutilization of computers by the institutional division. The
3-18 department shall identify areas in which the division may increase
3-19 efficiency and productivity through the use of computers.
3-20 (b) The Department of Information Resources shall develop
3-21 strategies for the institutional division for expanding or
3-22 implementing the use of computers to support word processing and
3-23 for maintaining, processing, or analyzing information in areas such
3-24 as equipment or property management, maintenance and supplies
3-25 costs, inmate disturbances, cell allocation, inmate population,
3-26 visitors, local key control, budgeting, staff management, and
3-27 legislation affecting inmate population.
3-28 (c) The Department of Information Resources shall complete
3-29 the study and develop the strategies required by this section not
3-30 later than September 1, 1994. The Texas Board of Criminal Justice
3-31 shall request from the legislature at the earliest opportunity any
3-32 legislation or appropriations necessary for the implementation of
3-33 the strategies. This section expires January 31, 1995.
3-34 ARTICLE 6
3-35 SECTION 6.01. Section 495.007, Government Code, is amended
3-36 to read as follows:
3-37 Sec. 495.007. LIMITATION. The board may not enter into
3-38 contracts under this subchapter for more than 4,080 <4,000> beds.
3-39 ARTICLE 7
3-40 SECTION 7.01. Subchapter B, Chapter 495, Government Code, is
3-41 amended by adding Section 495.024 to read as follows:
3-42 Sec. 495.024. INMATE TELEPHONE SERVICE. (a) The
3-43 institutional division shall request proposals from private vendors
3-44 for contracts to provide telephone service to inmates. The
3-45 institutional division may not consider a proposal or award a
3-46 contract to provide the service unless under the contract the
3-47 vendor at a minimum:
3-48 (1) provides for installation, operation, and
3-49 maintenance of the service without any cost to the state;
3-50 (2) stations at each institutional division unit or
3-51 group of proximately located units one or more employees who:
3-52 (A) compile inmate calling lists;
3-53 (B) verify numbers to be called by inmates;
3-54 (C) enter data for personal identification
3-55 numbers; and
3-56 (D) generate reports to institutional division
3-57 personnel on inmate calling patterns;
3-58 (3) provides on-site monitoring of calling patterns
3-59 and customizes technology to provide adequate system security;
3-60 (4) provides a fully automated system that does not
3-61 require an institutional division operator;
3-62 (5) has the capability to limit the duration and
3-63 frequency of calls in order to reduce the likelihood of a
3-64 significant financial burden on an inmate's family; and
3-65 (6) pays the department a reasonable commission based
3-66 on the total amount billed for inmate telephone usage.
3-67 (b) The institutional division may award a contract to one
3-68 or more private vendors to provide the telephone service. The term
3-69 of the contract may not be more than four years. The contract may
3-70 contain an option allowing the division to elect to renew the
4-1 contract for a second term of not more than four years.
4-2 (c) If the institutional division determines during or at
4-3 the end of the contract period that the inmate telephone service
4-4 provided under the contract is of sufficient quality and is
4-5 cost-effective, the division shall request additional proposals for
4-6 contracts and award one or more contracts as provided by this
4-7 section.
4-8 (d) The department shall transfer all commissions paid to
4-9 the department by a vendor under this section to the comptroller.
4-10 The comptroller shall deposit 95 percent of the commissions in the
4-11 state treasury to the credit of the general revenue fund and five
4-12 percent of the commissions in the state treasury to the credit of
4-13 the Compensation to Victims of Crime Fund created under Section 14,
4-14 Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
4-15 Civil Statutes).
4-16 ARTICLE 8
4-17 SECTION 8.01. Subsection (b), Section 501.015, Government
4-18 Code, is amended to read as follows:
4-19 (b) When an inmate is discharged or is released on parole,
4-20 mandatory supervision, or conditional pardon, the inmate is
4-21 entitled to receive $100 <$200> from the department and
4-22 transportation at the expense of the department to the location at
4-23 which the inmate is required to report to a parole officer
4-24 <institutional division as provided by this subsection. The
4-25 department shall give the inmate $100 on discharge. A parole
4-26 officer to whom the inmate is required to report> by the pardons
4-27 and paroles division <shall give the inmate the remaining $100 if
4-28 the inmate reports to the officer within the time specified by the
4-29 board>. If an inmate is released and is not required by the
4-30 pardons and paroles division to report to a parole officer or is
4-31 authorized by the pardons and paroles division to report to a
4-32 location outside this state, the department <institutional
4-33 division> shall provide the inmate, at the expense of the
4-34 department, with transportation to:
4-35 (1) the location of the inmate's residence, if the
4-36 residence is in this state; or
4-37 (2) a transit point determined appropriate by the
4-38 department, if the inmate's residence is outside this state or the
4-39 inmate is required by the pardons and paroles division to report to
4-40 a location outside this state <give the inmate $200 on discharge or
4-41 release>.
4-42 ARTICLE 9
4-43 SECTION 9.01. Subchapter B, Chapter 501, Government Code, is
4-44 amended by adding Section 501.059 to read as follows:
4-45 Sec. 501.059. MANAGED HEALTH CARE ADVISORY COMMITTEE.
4-46 (a) The Managed Health Care Advisory Committee to the Texas
4-47 Department of Criminal Justice is established.
4-48 (b) The committee consists of:
4-49 (1) two members employed full-time by the department,
4-50 at least one of whom is a physician, appointed by the executive
4-51 director;
4-52 (2) two members employed full-time by The University
4-53 of Texas Medical Branch at Galveston, at least one of whom is a
4-54 physician, appointed by the president of the medical branch; and
4-55 (3) two members employed full-time by the Texas Tech
4-56 University Health Sciences Center, at least one of whom is a
4-57 physician, appointed by the president of the university.
4-58 (c) A committee member serves at the pleasure of the
4-59 appointing official or until termination of the member's employment
4-60 with the entity the member represents.
4-61 (d) An appointment to the committee shall be made without
4-62 regard to the race, creed, sex, religion, or national origin of the
4-63 appointee.
4-64 (e) A committee member serves without compensation but is
4-65 entitled to reimbursement for actual and necessary expenses
4-66 incurred in the performance of the duties of the committee.
4-67 (f) The committee may hire a managed health care
4-68 administrator and may employ personnel necessary for the
4-69 administration of the committee's duties.
4-70 (g) The committee shall develop a managed health care plan
5-1 for all inmates at the institutional division that includes:
5-2 (1) the establishment of a preferred provider
5-3 arrangement network of physicians and hospitals that will serve the
5-4 institutional division as the exclusive health care provider for
5-5 inmates at each facility of the institutional division;
5-6 (2) cost containment studies; and
5-7 (3) care case management and utilization management
5-8 studies performed exclusively for the institutional division.
5-9 (h) To the extent possible the committee shall integrate the
5-10 preferred provider arrangement network with the public medical
5-11 schools of this state and the component hospitals of those medical
5-12 schools.
5-13 (i) After the committee determines that the preferred
5-14 provider arrangement network is fully in operation, the committee
5-15 shall initiate a competitive bidding process for contracts under
5-16 this section to provide medical care to inmates confined in the
5-17 institutional division.
5-18 (j) The committee may enter into a contract on behalf of the
5-19 department to fully implement the managed health care plan under
5-20 Subsection (g).
5-21 (k) The department shall pay necessary costs for the
5-22 operation of the committee, including costs of personnel, from
5-23 funds appropriated by the legislature to the department.
5-24 ARTICLE 10
5-25 SECTION 10.01. This Act takes effect immediately, except
5-26 that:
5-27 (1) Section 4.02 takes effect January 1, 1994; and
5-28 (2) Section 8.01 takes effect September 1, 1993.
5-29 SECTION 10.02. The importance of this legislation and the
5-30 crowded condition of the calendars in both houses create an
5-31 emergency and an imperative public necessity that the
5-32 constitutional rule requiring bills to be read on three several
5-33 days in each house be suspended, and this rule is hereby suspended,
5-34 and that this Act take effect and be in force according to its
5-35 terms, and it is so enacted.
5-36 * * * * *
5-37 Austin,
5-38 Texas
5-39 February 23,
5-40 1993
5-41 Hon. Bob Bullock
5-42 President of the Senate
5-43 Sir:
5-44 We, your Committee on Finance to which was referred S.B. No. 378,
5-45 have had the same under consideration, and I am instructed to
5-46 report it back to the Senate with the recommendation that it do not
5-47 pass, but that the Committee Substitute adopted in lieu thereof do
5-48 pass and be printed.
5-49 Montford,
5-50 Chairman
5-51 * * * * *
5-52 WITNESSES
5-53 FOR AGAINST ON
5-54 ___________________________________________________________________
5-55 Name: Wayne Scott x
5-56 Representing: TDCJ
5-57 City: Huntsville
5-58 -------------------------------------------------------------------
5-59 Name: Bob Lauder x
5-60 Representing: State Comptroller
5-61 City: Austin
5-62 -------------------------------------------------------------------
5-63 Name: William C. McCray x
5-64 Representing: TDCJ
5-65 City: Huntsville
5-66 -------------------------------------------------------------------
5-67 Name: Thomas Plaut x
5-68 Representing: State Comptroller
5-69 City: Austin
5-70 -------------------------------------------------------------------