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