1-1     By:  Alvarado, et al. (Senate Sponsor - Whitmire)      H.B. No. 438

 1-2           (In the Senate - Received from the House April 1, 1997;

 1-3     April 2, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 16, 1997, reported favorably, as amended, by

 1-5     the following vote:  Yeas 5, Nays 0; May 16, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                             By:  Whitmire

 1-8           Amend HB 438 as engrossed as follows:

 1-9           1)  On page 1, line 21, strike "board" and substitute

1-10     "department".

1-11           2)  On page 1, line 22, strike "by rule".

1-12                            A BILL TO BE ENTITLED

1-13                                   AN ACT

1-14     relating to the implementation of a controlled substances testing

1-15     program to be administered to inmates housed in facilities operated

1-16     by or under contract with the Texas Department of Criminal Justice.

1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Chapter 500, Government Code, is amended by

1-19     adding Section 500.007 to read as follows:

1-20           Sec. 500.007.  TESTING FOR CONTROLLED SUBSTANCES.  (a)  The

1-21     board after consultation with the Criminal Justice Policy Council

1-22     by rule shall implement a program to randomly test, for the purpose

1-23     of determining the presence of controlled substances, the breath,

1-24     blood, or other bodily substances of inmates housed in facilities

1-25     operated by or under contract with the department.

1-26           (b)  The department annually shall test not less than five

1-27     percent of the inmates housed in facilities operated by or under

1-28     contract with the department.

1-29           (c)  The department shall use the most cost-effective means

1-30     possible to perform the tests required by this section, and shall

1-31     actively seek grants from the federal government or other sources

1-32     to expand the program created under this section.

1-33           (d)  If the department performs a test described by

1-34     Subsection (a) and determines the presence of a controlled

1-35     substance in an inmate, the department may in return for the

1-36     cooperation of the inmate in identifying the individual who

1-37     delivered the controlled substance to the inmate defer or dismiss

1-38     punitive actions, including criminal prosecution, forfeiture of

1-39     good conduct time or reduction in good conduct time earning status,

1-40     or forfeiture of privileges, that the department could otherwise

1-41     take against the inmate.

1-42           SECTION 2.  The Texas Board of Criminal Justice shall

1-43     implement the program required by Section 500.007, Government Code,

1-44     as added by this Act, not later than 90 days after the date on

1-45     which the Texas Department of Criminal Justice receives federal

1-46     funds that may be expended for the purpose of testing inmates for

1-47     the presence of controlled substances, and the board shall begin

1-48     testing of inmates for the presence of controlled substances not

1-49     later than that date.

1-50           SECTION 3.  This Act takes effect September 1, 1997.

1-51           SECTION 4.  The importance of this legislation and the

1-52     crowded condition of the calendars in both houses create an

1-53     emergency and an imperative public necessity that the

1-54     constitutional rule requiring bills to be read on three several

1-55     days in each house be suspended, and this rule is hereby suspended.

1-56                                  * * * * *