SGN H.B. 2825 75(R)BILL ANALYSIS


CORRECTIONS
H.B. 2825
By: Place
4-9-97
Committee Report (Amended)

BACKGROUND 

Due to a lack of resources, the Texas Department of Transportation (TxDOT)
must utilize other means to assist the department in its roadside
maintenance duties.  These duties include cleaning debris from under
bridges, tree and brush trimming along the right of way, painting bridges,
graffiti removal and litter pickup.  Currently, the department possesses
statutory authority to allow only certain entities to perform highway
maintenance work.  These entities include cities, counties, private
entities and the Texas Board of Criminal Justice.  The department is still
in need of other resources to perform roadside maintenance duties.  The
Legislature authorized the creation of Community Supervision and
Corrections Departments (CSCD's) as a means for individuals placed on
community supervision by a district judge to pay for their debts in the
form of community service.  TxDot has expressed interest in contracting
with CSCD's and the county sheriff's department so that these inmates and
probationers could perform highway maintenance work.  Although the
department has the authority to utilize TDCJ inmate labor, it does not
have the statutory authority to enter into agreements with CSCD's or a
sheriff's department operating a county correctional center program to
perform highway maintenance. 

PURPOSE

H.B. 2825 gives the Texas Transportation Commission (TTC) statutory
authority to contract with a criminal justice agency for the provision of
inmate or probationer labor for the performance of highway maintenance
work.    

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 Section 223.044, Transportation Code by amending
subsection (a) and adding subsection (c) as follows: 

Sec. 223.044.  INMATE OR PROBATIONER LABOR FOR IMPROVEMENT PROJECTS.

(a)  Provides that the Texas Transportation Commission and a criminal
justice agency may contract for the provision of inmate or probationer
labor for a state highway system improvement project. 

(c)  Defines "criminal justice agency" to include the Texas Board of
Criminal Justice, a community supervision and corrections department
(CSCD), and a sheriff's department operating a county farm or workhouse,
or a county correctional center program. 

SECTION 2.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment number one changes the Texas Board of Criminal Justice
to the Texas Department of Criminal Justice.