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.