SRC-SLL H.B. 1301 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1301
By: Allen (Whitmire)
Criminal Justice
5-10-97
Engrossed


DIGEST 

Since 1993, the Texas Department of Criminal Justice has had a pilot
program in Lockhart, Texas that allows inmates to work for private sector
corporations within the walls of the prison, earning a prevailing wage.  A
portion of the inmate's wages is used to help pay for the cost of
incarceration, restitution to their victims, the Crime Victims'
Compensation Fund and dependant support.  Since the program's inception,
inmates have paid more than $3 million toward the state, crime victims,
and inmate family members.  This bill creates an oversight authority for
the private sector prison industries program and sets forth regulations
for that authority. 

PURPOSE

As proposed, H.B. 1301 creates an oversight authority for the private
sector prison industries program and sets forth regulations for that
authority. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Private Sector Prison Industries
Oversight Authority in SECTION 1 (Sections 497.056(c), 497.057,
497.058(a), 497.0581, and 497.060, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 497C, Government Code, as follows:

SUBCHAPTER C. New heading: PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT
AUTHORITY 

Sec.  497.051.  New heading: PURPOSE; DEFINITION.  Sets forth the purpose
of the Private Section Prison Industries Oversight Authority (authority).
Defines "authority." Deletes existing text regarding the work program
plan. 

Sec.  497.052.  MEMBERSHIP.  Sets forth regulations regarding membership
on the authority. 

Sec.  497.053.  TERMS.  Provides that the appointed members of the
authority serve staggered six-year terms, with three members' terms
expiring on February 1 of each oddnumbered year. 

Sec.  497.054.  PRESIDING OFFICER.  Requires the governor to designate the
presiding officer from among the members of the authority, and the
presiding officer shall serve in that capacity at the pleasure of the
governor. 

Sec.  497.055.  REIMBURSEMENT.  Provides that a member of the authority is
not entitled to compensation but is entitled to reimbursement of the
travel expenses incurred by the member while conducting the business of
the authority as provided in the General Appropriations Act. 

Sec.  497.056.  PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT ACCOUNT.  Sets
forth regulations regarding the private sector prison industries oversight
account (account).  Requires the authority, by rule, to adopt a method for
determining the amount of the fee owed by an industry under this section
and a schedule for the payment of fees under this section. 


Sec.  497.057.  RULES.  Requires the authority to adopt rules as necessary
to ensure that the private sector prison industries program authorized by
this subchapter is in compliance with the federal prison enhancement
certification program established under 18 U.S.C. 1761. 

Sec.  497.058.  PREVAILING WAGE.  Requires the authority, by rule, to
require that inmate employees at each private sector prison industries
program (program) are paid a certain wage. Sets forth regulations
regarding computation of the prevailing wage. 

Sec.  497.0581.  INMATE CONTRIBUTIONS.  Sets forth regulations regarding
inmate contributions  to the account.  Requires the authority, by rule, to
require an inmate to contribute a percentage of the wages received by the
inmate under this subchapter to be deposited in the account. 

Sec.  497.059.  LIMITING IMPACT ON NON-PRISON INDUSTRY.  Sets forth
regulations to limit the impact on non-prison industry. 

Sec.  497.060.  WORKERS' COMPENSATION.  Requires the authority, by rule,
to require program employers to meet or exceed all federal requirements
for providing compensation to inmates injured while working. 

Sec.  497.061.  RECIDIVISM STUDIES.  Requires the authority, with the
cooperation of the Criminal Justice Policy Council, to gather data to
determine whether participation in a private sector prison industries
program is a factor that reduces recidivism among inmates. 

Sec.  497.062.  LIMITATION ON NUMBER OF PARTICIPANTS.  Sets forth
regulations regarding limitations on the number of participants. 

SECTION 2. Amends Section 8A, Article 42.18, Code of Criminal Procedure,
by adding Subsection (g), to set forth regulations regarding job offers to
inmates. 

SECTION 3. Sets forth regulations regarding appointment to the authority.
Requires the authority, by March 1, 1998, to adopt rules that the
authority is required to adopt under Chapter 497C, Government Code, as
amended by this Act. 

SECTION 4. Sets forth regulations regarding the transfer of powers,
duties, and obligations of the Texas Department of Criminal Justice to the
authority. 

SECTION 5. Provides that, notwithstanding Section 497.051(a), Government
Code, as amended by this Act, the authority is not authorized to approve,
certify, or oversee the operations of a private sector prison industries
program operated on the effective date of this Act under a provisional
certificate issued to a nongovernmental entity under 18 U.S.C. 1761. 

SECTION 6. Effective date: September 1, 1997.

SECTION 7. Emergency clause.