BILL ANALYSIS



H.B. 514
By: Conley
04-04-95
Committee Report (Unamended)


BACKGROUND

Currently, the Texas Department of Criminal Justice offers full-time work, educational, vocational, and other job opportunities to
all general population prisoners who are medically capable of
participating in the activities.  The inmates receive no salary for
this work, but do earn good-time credits for participating in these
programs.  TDCJ is undergoing a large construction program and
current law does not permit the voluntary employment of an inmate
by a contractor operating under a construction contract with the
Texas Board of Criminal Justice.

PURPOSE

To amend Chapter 497, Government Code, to permit the Board to
promulgate rules to allow for the voluntary employment of an inmate
by a contractor operating under a construction contract with the
Board.  The inmates would be paid and the money would be
distributed to their dependents and to the Crime Victims'
Compensation Fund.

RULEMAKING AUTHORITY

It is the committee's opinion that additional rulemaking authority
is expressly delegated in SECTION 1, Subchapter E, Chapter 497,
Sec. 497.097, Government Code, to the Texas Board of Criminal
Justice.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 497, Government Code, by
adding a new Section 497.097 as follows:

     Sec. 497.097.  USE OF INMATE LABOR BY CONTRACTORS.

     (a)  Allows the Board to promulgate rules to allow for the
     voluntary employment of an inmate by a contractor operating
     under a construction contract with the Board.

     (b)  Prohibits an inmate employed by a contractor, during any
     period of employment, from leaving the premises of the
     institutional division.

     (c)  Requires the employing contractor to pay an inmate wages
     at least as high as the prevailing wage for similar work in
     the area where the work is performed. 

     (d)  Requires the salary of inmate employed under this section
     to be paid to the director of the institutional division and
     be distributed as follows:

           (1) if the inmate has dependents, one-half of the salary
           goes to those dependents and the remaining half is
           deposited to the Crime Victims' Compensation Fund; 

           (2) if the inmate does not have any dependents, then all
           of the salary is deposited to the Crime Victims'
           Compensation Fund.

SECTION 2. Emergency clause.


SUMMARY OF COMMITTEE ACTION

H.B. 514 was considered by the Committee on Corrections in a public
hearing on April 4, 1995.  The Chair recognized Representative
Sylvester Turner to explain the bill.  

The following person testified in favor of the bill:
     Linda Marin, representing Texas Citizens United for
     Rehabilitation of Errants.

The following person testified against the bill:
     Emmett Sheppard, representing Texas AFL-CIO.

The bill was reported favorably, without amendment, with the
recommendation that it do pass and be printed by a record vote 8
ayes, 0 nays, 0 pnv, and 1 absent.