By Allen H.B. No. 1301
75R2482 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the oversight of the private sector prison industries
1-3 program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 497, Government Code, is
1-6 amended to read as follows:
1-7 SUBCHAPTER C. PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT AUTHORITY
1-8 [WORK PROGRAM PLAN]
1-9 Sec. 497.051. PURPOSE; DEFINITION [WORK PROGRAM PLAN].
1-10 (a) The Private Sector Prison Industries Oversight Authority is
1-11 created to approve, certify, and oversee the operation of private
1-12 sector prison industries programs in the department in compliance
1-13 [shall establish policies for the administration of a conditional
1-14 work program that may employ not more than 500 male and female work
1-15 program residents. The policies must include a work program
1-16 contract that includes an agreement by the resident to contribute
1-17 from the wages received by the resident for the resident's
1-18 participation in private industry employment a percentage of the
1-19 wages, in accordance with rules adopted by the board to comply]
1-20 with the federal prison enhancement certification program
1-21 established under 18 U.S.C. Section 1761[, and a percentage of the
1-22 wages for:]
1-23 [(1) costs of supervision;]
1-24 [(2) restitution to the victim or victims of the
2-1 resident; and]
2-2 [(3) savings to be retained for the resident in a
2-3 designated account for the resident's benefit and receipt on
2-4 release]. The executive director shall provide the authority with
2-5 clerical and technical support as necessary for the authority to
2-6 perform duties imposed on the authority by this subchapter and
2-7 shall ensure that the department implements the policies adopted by
2-8 the authority that relate to the operation of private sector prison
2-9 industries programs.
2-10 (b) In this [This] subchapter, "authority" means the Private
2-11 Sector Prison Industries Oversight Authority [does not restore in
2-12 whole or in part the civil rights of a work program resident.]
2-13 [(c) A work program resident employed under this subchapter
2-14 is not subject to workers' compensation laws, and the resident and
2-15 the resident's beneficiaries may not receive compensation under
2-16 those laws, except that a private industry may provide workers'
2-17 compensation benefits to a resident and a resident's beneficiaries
2-18 as necessary to certify a work program operated by the industry as
2-19 a work pilot project described in 18 U.S.C. Section 1761].
2-20 Sec. 497.052. MEMBERSHIP. (a) The authority is composed of
2-21 nine members appointed by the governor:
2-22 (1) one of whom is representative of labor;
2-23 (2) one of whom is representative of employers;
2-24 (3) one of whom is representative of groups advocating
2-25 the rights of victims of criminal offenses;
2-26 (4) one of whom is representative of groups advocating
2-27 the rights of inmates;
3-1 (5) one of whom is experienced in the field of
3-2 vocational rehabilitation;
3-3 (6) one of whom is an employer in the private sector
3-4 prison industries program that is certified as in compliance with
3-5 the federal prison enhancement certification program established
3-6 under 18 U.S.C. Section 1761; and
3-7 (7) three of whom are public members.
3-8 (b) The governor shall appoint the representative of labor
3-9 from a list of three persons recommended by a recognized state
3-10 labor federation, except that if the labor federation fails to
3-11 recommend at least three persons, the governor may appoint any wage
3-12 earner of the governor's choice as the labor representative.
3-13 (c) The following individuals shall serve as ex officio
3-14 members of the authority:
3-15 (1) a member of the house of representatives
3-16 designated by the speaker of the house;
3-17 (2) a member of the senate designated by the
3-18 lieutenant governor;
3-19 (3) the executive director of the Texas Department of
3-20 Criminal Justice or the designee of the executive director; and
3-21 (4) the executive director of the Texas Workforce
3-22 Commission or the designee of the executive director.
3-23 Sec. 497.053. TERMS. Appointed members of the authority
3-24 serve staggered six-year terms, with three members' terms expiring
3-25 on February 1 of each odd-numbered year.
3-26 Sec. 497.054. PRESIDING OFFICER. The governor shall
3-27 designate the presiding officer from among the members of the
4-1 authority, and the presiding officer shall serve in that capacity
4-2 at the pleasure of the governor.
4-3 Sec. 497.055. REIMBURSEMENT. A member of the authority is
4-4 not entitled to compensation but is entitled to reimbursement of
4-5 the travel expenses incurred by the member while conducting the
4-6 business of the authority as provided in the General Appropriations
4-7 Act.
4-8 Sec. 497.056. PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT
4-9 ACCOUNT. (a) A private sector prison industries program shall
4-10 make an annual payment to the authority in an amount equal to the
4-11 amount of money the program would pay during that year for
4-12 unemployment insurance if the employees of the program were engaged
4-13 in non-prison employment.
4-14 (b) The authority shall forward fees collected under this
4-15 section to the comptroller. The comptroller shall deposit the fees
4-16 to the credit of an account in the general revenue fund to be known
4-17 as the private sector prison industries oversight account. The
4-18 legislature may appropriate funds from the account only for the
4-19 purpose of paying the costs of the authority and the department in
4-20 implementing this subchapter. At the end of each fiscal year, the
4-21 comptroller shall transfer the excess funds in the account to the
4-22 state treasury to the credit of the crime victims compensation
4-23 fund.
4-24 (c) The authority by rule shall adopt a method for
4-25 determining the amount of the fee owed by an industry under this
4-26 section and a schedule for the payment of fees under this section.
4-27 Sec. 497.057. RULES. The authority shall adopt rules as
5-1 necessary to ensure that the private sector prison industries
5-2 program authorized by this subchapter is in compliance with the
5-3 federal prison enhancement certification program established under
5-4 18 U.S.C. 1761.
5-5 Sec. 497.058. PREVAILING WAGE. (a) The authority by rule
5-6 shall require that inmate employees at each private sector prison
5-7 industries program are paid not less than the prevailing wage as
5-8 computed by the authority, except that the authority may permit
5-9 employers to pay an employee the minimum wage for the two-month
5-10 period beginning on the date employment begins.
5-11 (b) For the purposes of computations required by this
5-12 section:
5-13 (1) the prevailing wage is the wage paid for work of
5-14 a similar nature in the location in which the work is performed;
5-15 (2) work of a similar nature is determined by openings
5-16 and wages by occupation data collected by the economic research and
5-17 analysis department of the Texas Workforce Commission; and
5-18 (3) the location in which work is performed is the
5-19 council of government region in which the work is performed.
5-20 Sec. 497.059. LIMITING IMPACT ON NON-PRISON INDUSTRY. The
5-21 authority may not grant initial certification to a private sector
5-22 prison industries program if the authority determines that the
5-23 operation of the program would result in the loss of existing jobs
5-24 provided by the employer in this state.
5-25 Sec. 497.060. WORKERS' COMPENSATION. The authority by rule
5-26 shall require private sector prison industries program employers to
5-27 meet or exceed all federal requirements for providing compensation
6-1 to inmates injured while working.
6-2 Sec. 497.061. RECIDIVISM STUDIES. The authority, with the
6-3 cooperation of the Criminal Justice Policy Council, shall gather
6-4 data to determine whether participation in a private sector prison
6-5 industries program is a factor that reduces recidivism among
6-6 inmates.
6-7 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS. The
6-8 authority may certify any number of private sector prison
6-9 industries programs that meet or exceed the requirements of federal
6-10 law and the rules of the authority, but in no event may the
6-11 authority permit more than 3,000 inmates to participate in the
6-12 program at any one time.
6-13 SECTION 2. Section 8A, Article 42.18, Code of Criminal
6-14 Procedure, is amended by adding Subsection (g) to read as follows:
6-15 (g) In determining under Subsection (b) whether to require
6-16 an inmate to reside in a county in which the inmate has a verified
6-17 job offer, if the employer making the job offer states to the panel
6-18 that the job offer results from the inmate's participation in a
6-19 private sector prison industries program under Subchapter C,
6-20 Chapter 497, Government Code, the panel shall require the inmate to
6-21 reside in the county in which the job offer exists, unless to do so
6-22 would pose a threat to the life or safety of a victim of the
6-23 defendant's offense, a witness in the case, or any other person.
6-24 SECTION 3. (a) The initial appointments of the members of
6-25 the Private Sector Prison Industries Oversight Authority, as
6-26 required by Section 497.052, Government Code, as added by this Act,
6-27 are as provided by this section. On or before November 1, 1997,
7-1 the governor shall request of recognized state and local labor
7-2 federations a list of three individuals, as described by Section
7-3 497.052(b). On or before January 1, 1998, the governor shall
7-4 appoint the initial authority members. Of the initial public
7-5 members, the governor shall appoint one to serve a term expiring
7-6 February 1, 1999, one to serve a term expiring February 1, 2001,
7-7 and one to serve a term expiring February 1, 2003, and of the
7-8 nonpublic members, the governor shall appoint two to serve terms
7-9 expiring February 1, 1999, two to serve terms expiring February 1,
7-10 2001, and two to serve terms expiring February 1, 2003. On
7-11 expiration of those terms, the term of a member of the authority is
7-12 six years, as provided by Section 497.053, Government Code.
7-13 (b) The Private Sector Prison Industries Oversight Authority
7-14 by March 1, 1998, shall adopt the rules that the authority is
7-15 required to adopt under Subchapter C, Chapter 497, Government Code,
7-16 as amended by this Act.
7-17 SECTION 4. On January 1, 1998, the powers, duties, and
7-18 obligations of the Texas Department of Criminal Justice to oversee
7-19 the private sector prison industries program authorized by
7-20 Subchapter C, Chapter 497, Government Code, are transferred to the
7-21 Private Sector Prison Industries Oversight Authority, as are any
7-22 funds appropriated to the department for oversight of the program.
7-23 On transfer of oversight authority and appropriated funds, the
7-24 remaining duties of the department in regard to the program are as
7-25 described by Subchapter C, Chapter 497, as amended by this Act.
7-26 SECTION 5. This Act takes effect September 1, 1997.
7-27 SECTION 6. The importance of this legislation and the
8-1 crowded condition of the calendars in both houses create an
8-2 emergency and an imperative public necessity that the
8-3 constitutional rule requiring bills to be read on three several
8-4 days in each house be suspended, and this rule is hereby suspended.