By Cook                                                H.B. No. 267
       74R290 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring as a condition of release on parole or to
    1-3  mandatory supervision that certain prisoners obtain general
    1-4  equivalency diplomas.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 8(k), Article 42.18, Code of Criminal
    1-7  Procedure, is amended to read as follows:
    1-8        (k)(1)  In addition to other conditions imposed by a parole
    1-9  panel under this article, the parole panel shall require as a
   1-10  condition of parole or release to mandatory supervision that the
   1-11  prisoner demonstrate to the parole panel whether the prisoner has
   1-12  an educational skill level that is equal to or greater than the
   1-13  average skill level of students who have completed the sixth grade
   1-14  in public schools in this state.  If the parole panel determines
   1-15  that the person has not attained that skill level, the parole panel
   1-16  shall require as a condition of parole or release to mandatory
   1-17  supervision that the prisoner attain that level of educational
   1-18  skill, unless the parole panel determines that the person lacks the
   1-19  intellectual capacity or the learning ability to ever achieve that
   1-20  level of skill.
   1-21              (2)  If the parole panel determines that a prisoner who
   1-22  does not have a high school diploma or a general equivalency
   1-23  diploma has, and has demonstrated, an educational skill level that
   1-24  is equal to or greater than the average skill level of a student
    2-1  who has completed the seventh grade and half of the credits
    2-2  required to complete the eighth grade in a public school of this
    2-3  state, the parole panel shall require as a condition of parole or
    2-4  release to mandatory supervision that the prisoner obtain a general
    2-5  equivalency diploma not later than the 180th day after the date the
    2-6  prisoner is released on parole or to mandatory supervision, unless
    2-7  the parole panel determines that the person lacks the intellectual
    2-8  capacity or the learning ability to obtain the diploma within that
    2-9  period.
   2-10        SECTION 2.  (a)  The change in law made by this Act applies
   2-11  only to an inmate sentenced to the institutional division of the
   2-12  Texas Department of Criminal Justice for an offense committed on or
   2-13  after the effective date of this Act.  For purposes of this
   2-14  section, an offense is committed before the effective date of this
   2-15  Act if any element of the offense occurs before the effective date.
   2-16        (b)  An inmate sentenced for an offense committed before the
   2-17  effective date of this Act is covered by the law in effect when the
   2-18  offense was committed, and that law is continued in effect for that
   2-19  purpose.
   2-20        SECTION 3.  This Act takes effect September 1, 1995.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.