By Raymond                                            H.B. No. 2237
       74R7269 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to creating an interim committee to study the feasibility
    1-3  of establishing a privately operated telephone service for inmates
    1-4  and defendants confined in facilities operated by the Texas
    1-5  Department of Criminal Justice.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 493, Government Code, is amended by
    1-8  adding Section 493.015 to read as follows:
    1-9        Sec. 493.015.  INTERIM COMMITTEE ON INMATE TELEPHONE SERVICE.
   1-10  (a)  The interim committee on inmate telephone service is
   1-11  established.
   1-12        (b)  The committee includes:
   1-13              (1)  a representative appointed by the governor, the
   1-14  lieutenant governor, and the speaker of the house of
   1-15  representatives;
   1-16              (2)  a representative of the comptroller appointed by
   1-17  the comptroller; and
   1-18              (3)  the following members appointed by the executive
   1-19  director:
   1-20                    (A)  a representative of the department;
   1-21                    (B)  a representative of private vendors for
   1-22  telephone service; and
   1-23                    (C)  a representative of a crime victims'
   1-24  organization.
    2-1        (c)  The committee shall study and determine the feasibility,
    2-2  costs, and benefits of establishing a telephone service for inmates
    2-3  and defendants confined in facilities operated by the department
    2-4  that:
    2-5                    (A)  is installed, operated, and maintained by a
    2-6  private vendor without any cost to the state;
    2-7                    (B)  generates reports to department personnel on
    2-8  inmate or defendant calling patterns;
    2-9                    (C)  provides on-site monitoring of calling
   2-10  patterns and customizes technology to provide adequate system
   2-11  security;
   2-12                    (D)  is fully automated and does not require a
   2-13  department operator;
   2-14                    (E)  has the capability to limit the duration and
   2-15  frequency of calls to detect and prevent excessive use of the
   2-16  system by an inmate or defendant and to reduce the likelihood of a
   2-17  significant financial burden on an inmate's or defendant's family;
   2-18                    (F)  pays the department a reasonable commission
   2-19  based on the total amount billed for inmate or defendant telephone
   2-20  usage;
   2-21                    (G)  uses a digital recording system; and
   2-22                    (H)  provides for the use of published tariffs.
   2-23        (d)  The committee shall hold public hearings in conducting
   2-24  the study described by Subsection (c).
   2-25        (e)  The committee may implement a pilot program to provide
   2-26  the telephone service described by Subsection (c).
   2-27        (f)  The department may not establish the telephone service
    3-1  described by Subsection (c), unless the service is a pilot program
    3-2  implemented by the committee.
    3-3        (g)  Not later than January 15, 1997, the committee shall
    3-4  submit a report that contains the findings of the committee's study
    3-5  to the 75th Legislature.
    3-6        (h)  This section expires September 1, 1997.
    3-7        SECTION 2.   This Act takes effect September 1, 1995.
    3-8        SECTION 3.  The executive director of the Texas Department of
    3-9  Criminal Justice, the governor, the lieutenant governor, the
   3-10  speaker of the house of representatives, and the comptroller shall
   3-11  appoint representatives to the interim committee on inmate
   3-12  telephone service, as provided by Section 493.015, Government Code,
   3-13  as added by this Act, not later than January 1, 1996.
   3-14        SECTION 4.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.