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 * * * * *