By Alvarado                                      H.B. No. 438

      75R3424 GWK-D                           

                                A BILL TO BE ENTITLED

 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     board after consultation with the Criminal Justice Policy Council

1-10     by rule shall  implement a program to randomly test, for the

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

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

1-13     facilities 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           SECTION 2.  The Texas Board of Criminal Justice shall

1-22     implement the program required by Section 500.007, Government Code,

1-23     as added by this Act,  not later than January 1, 1998, and shall

1-24     begin testing of inmates for the presence of controlled substances

 2-1     not later than that date.              

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

 2-3           SECTION 4.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.

 2-8           

 2-9