SGN C.S.H.B. 917 75(R)BILL ANALYSIS



CORRECTIONS
C.S.H.B. 917
By: Jones, Jesse
4-9-97
Committee Report (Substituted)


BACKGROUND 

Convicts located at the Wynne Unit at Huntsville are contracted to perform
data-entry work for various business and governmental entities.  However,
depending on the type of contract, the inmate may have access to
information on persons that is considered personal and sensitive.  The
public has raised concerns regarding confined inmates access to such
information. 

PURPOSE

C.S.H.B. 917 would prohibit the Texas Department of Criminal Justice from
entering into a contract with a private business or public entity that
allow inmates, serving a sentence for an offense for which the defendant
is required to register as a sex offender, access to personal information
about persons who are not confined.  If the TDCJ enters into this type of
contract, the department is required to search the inmates as they enter
and leave the work area. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 497, Government Code, by adding
Section 497.011 as follows: 

Sec. 497.011.  CERTAIN CONTRACTS PROHIBITED; SEARCHES.  

(a)  Prohibits the Texas Department of Criminal Justice from entering into
a contract with a private business or public entity that requires or
permits an inmate confined in a correctional facility operated by or for
the department who is serving a sentence for a registrable sex offense, to
have access to personal information about persons who are not confined in
facilities operated by or for the department. 

(b)  Provides that if the department enters into a contract that requires
or permits an inmate to have access to personal information about persons
not confined in facilities operated by or for the department, the
department is required, on each occasion in which the inmate enters or
leaves the work area, to require the inmate to submit to a personal search
by department personnel.  

SECTION 2.  Effective date: September 1, 1997.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill prohibited the TDCJ from entering into any contract that
required or permitted an inmate access to personal information about
free-world persons.  The substitute allows the department to enter into
this type of contract, but prohibits inmates serving sentences for
registrable sex offenses from working on these contracts.  The substitute
also provides that if the  department enters into contracts that require
or permit an inmate access to personal information about free-world
persons, the department is required to search the inmates as they enter or
leave the work area.