1-1                                   AN ACT

 1-2     relating to the implementation of a controlled substances testing

 1-3     program to be administered to inmates housed in facilities operated

 1-4     by or under contract with the Texas Department of Criminal Justice.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 500, Government Code, is amended by

 1-7     adding Section 500.007 to read as follows:

 1-8           Sec. 500.007.  TESTING FOR CONTROLLED SUBSTANCES.  (a)  The

 1-9     department after consultation with the Criminal Justice Policy

1-10     Council shall implement a program to randomly test, for the purpose

1-11     of determining the presence of controlled substances, the breath,

1-12     blood, or other bodily substances of inmates housed in facilities

1-13     operated by or under contract with the department.

1-14           (b)  The department annually shall test not less than five

1-15     percent of the inmates housed in facilities operated by or under

1-16     contract with the department.

1-17           (c)  The department shall use the most cost-effective means

1-18     possible to perform the tests required by this section, and shall

1-19     actively seek grants from the federal government or other sources

1-20     to expand the program created under this section.

1-21           (d)  If the department performs a test described by

1-22     Subsection (a) and determines the presence of a controlled

1-23     substance in an inmate, the department may in return for the

1-24     cooperation of the inmate in identifying the individual who

 2-1     delivered the controlled substance to the inmate defer or dismiss

 2-2     punitive actions, including criminal prosecution, forfeiture of

 2-3     good conduct time or reduction in good conduct time earning status,

 2-4     or forfeiture of privileges, that the department could otherwise

 2-5     take against the inmate.

 2-6           SECTION 2.  The Texas Board of Criminal Justice shall

 2-7     implement the program required by Section 500.007, Government Code,

 2-8     as added by this Act, not later than 90 days after the date on

 2-9     which the Texas Department of Criminal Justice receives federal

2-10     funds that may be expended for the purpose of testing inmates for

2-11     the presence of controlled substances, and the board shall begin

2-12     testing of inmates for the presence of controlled substances not

2-13     later than that date.

2-14           SECTION 3.  This Act takes effect September 1, 1997.

2-15           SECTION 4.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 438 was passed by the House on March

         26, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 438 on May 28, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 438 was passed by the Senate, with

         amendments, on May 26, 1997, by the following vote:  Yeas 31, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor