1-1 By: Allen, Culberson (Senate Sponsor - Whitmire) H.B. No. 1301
1-2 (In the Senate - Received from the House April 10, 1997;
1-3 April 11, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 15, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 6, Nays 0; May 15, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-8 Amend HB 1301 as follows:
1-9 On page , line after "director;" add a new (4) as follows:
1-10 "(4) The executive director of the Texas Youth Commission or the
1-11 designee of the executive director."
1-12 Renumber subsequent sections accordingly.
1-13 COMMITTEE AMENDMENT NO. 2 By: West
1-14 Amend the engrossed version of House Bill 1301 as follows:
1-15 Delete SECTION 2 of the bill in its entirety.
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to the oversight of the private sector prison industries
1-19 program.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Subchapter C, Chapter 497, Government Code, is
1-22 amended to read as follows:
1-23 SUBCHAPTER C. PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT AUTHORITY
1-24 [WORK PROGRAM PLAN]
1-25 Sec. 497.051. PURPOSE; DEFINITION [WORK PROGRAM PLAN].
1-26 (a) The Private Sector Prison Industries Oversight Authority is
1-27 created to approve, certify, and oversee the operation of private
1-28 sector prison industries programs in the department, the Texas
1-29 Youth Commission, and in county correctional facilities in
1-30 compliance [shall establish policies for the administration of a
1-31 conditional work program that may employ not more than 500 male and
1-32 female work program residents. The policies must include a work
1-33 program contract that includes an agreement by the resident to
1-34 contribute from the wages received by the resident for the
1-35 resident's participation in private industry employment a
1-36 percentage of the wages, in accordance with rules adopted by the
1-37 board to comply] with the federal prison enhancement certification
1-38 program established under 18 U.S.C. Section 1761[, and a
1-39 percentage of the wages for:]
1-40 [(1) costs of supervision;]
1-41 [(2) restitution to the victim or victims of the
1-42 resident; and]
1-43 [(3) savings to be retained for the resident in a
1-44 designated account for the resident's benefit and receipt on
1-45 release]. The executive director shall provide the authority with
1-46 clerical and technical support as necessary for the authority to
1-47 perform duties imposed on the authority by this subchapter and
1-48 shall ensure that the department implements the policies adopted by
1-49 the authority that relate to the operation of private sector prison
1-50 industries programs.
1-51 (b) In this [This] subchapter, "authority" means the Private
1-52 Sector Prison Industries Oversight Authority [does not restore in
1-53 whole or in part the civil rights of a work program resident.]
1-54 [(c) A work program resident employed under this subchapter
1-55 is not subject to workers' compensation laws, and the resident and
1-56 the resident's beneficiaries may not receive compensation under
1-57 those laws, except that a private industry may provide workers'
1-58 compensation benefits to a resident and a resident's beneficiaries
1-59 as necessary to certify a work program operated by the industry as
1-60 a work pilot project described in 18 U.S.C. Section 1761].
1-61 Sec. 497.052. MEMBERSHIP. (a) The authority is composed of
1-62 nine members appointed by the governor:
1-63 (1) one of whom is representative of labor;
1-64 (2) one of whom is representative of employers;
2-1 (3) one of whom is representative of groups advocating
2-2 the rights of victims of criminal offenses;
2-3 (4) one of whom is representative of groups advocating
2-4 the rights of inmates;
2-5 (5) one of whom is experienced in the field of
2-6 vocational rehabilitation;
2-7 (6) one of whom is an employer in the private sector
2-8 prison industries program that is certified as in compliance with
2-9 the federal prison enhancement certification program established
2-10 under 18 U.S.C. Section 1761; and
2-11 (7) three of whom are public members.
2-12 (b) The governor shall appoint the representative of labor
2-13 from a list of three persons recommended by a recognized state
2-14 labor federation, except that if the labor federation fails to
2-15 recommend at least three persons, the governor may appoint any wage
2-16 earner of the governor's choice as the labor representative.
2-17 (c) The following individuals shall serve as ex officio
2-18 members of the authority:
2-19 (1) a member of the house of representatives
2-20 designated by the speaker of the house;
2-21 (2) a member of the senate designated by the
2-22 lieutenant governor;
2-23 (3) the executive director of the Texas Department of
2-24 Criminal Justice or the designee of the executive director; and
2-25 (4) the executive director of the Texas Workforce
2-26 Commission or the designee of the executive director.
2-27 Sec. 497.053. TERMS. Appointed members of the authority
2-28 serve staggered six-year terms, with three members' terms expiring
2-29 on February 1 of each odd-numbered year.
2-30 Sec. 497.054. PRESIDING OFFICER. The governor shall
2-31 designate the presiding officer from among the members of the
2-32 authority, and the presiding officer shall serve in that capacity
2-33 at the pleasure of the governor.
2-34 Sec. 497.055. REIMBURSEMENT. A member of the authority is
2-35 not entitled to compensation but is entitled to reimbursement of
2-36 the travel expenses incurred by the member while conducting the
2-37 business of the authority as provided in the General Appropriations
2-38 Act.
2-39 Sec. 497.056. PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT
2-40 ACCOUNT. (a) A private sector prison industries program shall
2-41 make an annual payment to the authority in an amount equal to the
2-42 amount of money the program would pay during that year for
2-43 unemployment insurance if the employees of the program were engaged
2-44 in non-prison employment.
2-45 (b) The authority shall forward fees collected under this
2-46 section to the comptroller. The comptroller shall deposit the fees
2-47 to the credit of an account in the general revenue fund to be known
2-48 as the private sector prison industries oversight account. The
2-49 legislature may appropriate funds from the account only for the
2-50 purpose of paying the costs of the authority and the department in
2-51 implementing this subchapter. At the end of each fiscal year, the
2-52 comptroller shall transfer the excess funds in the account to the
2-53 state treasury to the credit of the crime victims compensation
2-54 fund.
2-55 (c) The authority by rule shall adopt a method for
2-56 determining the amount of the fee owed by an industry under this
2-57 section and a schedule for the payment of fees under this section.
2-58 Sec. 497.057. RULES. The authority shall adopt rules as
2-59 necessary to ensure that the private sector prison industries
2-60 program authorized by this subchapter is in compliance with the
2-61 federal prison enhancement certification program established under
2-62 18 U.S.C. 1761.
2-63 Sec. 497.058. PREVAILING WAGE. (a) The authority by rule
2-64 shall require that inmate employees at each private sector prison
2-65 industries program are paid not less than the prevailing wage as
2-66 computed by the authority, except that the authority may permit
2-67 employers to pay an employee the minimum wage for the two-month
2-68 period beginning on the date employment begins.
2-69 (b) For the purposes of computations required by this
3-1 section:
3-2 (1) the prevailing wage is the wage paid for work of
3-3 a similar nature in the location in which the work is performed;
3-4 (2) work of a similar nature is determined by openings
3-5 and wages by occupation data collected by the economic research and
3-6 analysis department of the Texas Workforce Commission; and
3-7 (3) the location in which work is performed is the
3-8 council of government region in which the work is performed.
3-9 Sec. 497.0581. INMATE CONTRIBUTIONS. The authority by rule
3-10 shall require an inmate to contribute a percentage of the wages
3-11 received by the inmate under this subchapter to be deposited in the
3-12 private sector prison industries oversight account. In
3-13 establishing the percentage of the wages required to be contributed
3-14 by inmates under this section, the authority shall ensure that the
3-15 percentage does not place the private sector prison industries
3-16 programs in the department in noncompliance with the federal prison
3-17 enhancement certification program established under 18 U.S.C.
3-18 Section 1761.
3-19 Sec. 497.059. LIMITING IMPACT ON NON-PRISON INDUSTRY. The
3-20 authority may not grant initial certification to a private sector
3-21 prison industries program if the authority determines that the
3-22 operation of the program would result in the loss of existing jobs
3-23 provided by the employer in this state.
3-24 Sec. 497.060. WORKERS' COMPENSATION. The authority by rule
3-25 shall require private sector prison industries program employers to
3-26 meet or exceed all federal requirements for providing compensation
3-27 to inmates injured while working.
3-28 Sec. 497.061. RECIDIVISM STUDIES. The authority, with the
3-29 cooperation of the Criminal Justice Policy Council, shall gather
3-30 data to determine whether participation in a private sector prison
3-31 industries program is a factor that reduces recidivism among
3-32 inmates.
3-33 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS. The
3-34 authority may certify any number of private sector prison
3-35 industries programs that meet or exceed the requirements of federal
3-36 law and the rules of the authority, but in no event may the
3-37 authority permit more than 3,000 inmates to participate in the
3-38 program at any one time.
3-39 SECTION 2. Section 8A, Article 42.18, Code of Criminal
3-40 Procedure, is amended by adding Subsection (g) to read as follows:
3-41 (g) In determining under Subsection (b) whether to require
3-42 an inmate to reside in a county in which the inmate has a verified
3-43 job offer, if the employer making the job offer states to the panel
3-44 that the job offer results from the inmate's participation in a
3-45 private sector prison industries program under Subchapter C,
3-46 Chapter 497, Government Code, the panel shall require the inmate to
3-47 reside in the county in which the job offer exists, unless to do so
3-48 would pose a threat to the life or safety of a victim of the
3-49 defendant's offense, a witness in the case, or any other person.
3-50 SECTION 3. (a) The initial appointments of the members of
3-51 the Private Sector Prison Industries Oversight Authority, as
3-52 required by Section 497.052, Government Code, as added by this Act,
3-53 are as provided by this section. On or before November 1, 1997,
3-54 the governor shall request of recognized state and local labor
3-55 federations a list of three individuals, as described by Section
3-56 497.052(b). On or before January 1, 1998, the governor shall
3-57 appoint the initial authority members. Of the initial public
3-58 members, the governor shall appoint one to serve a term expiring
3-59 February 1, 1999, one to serve a term expiring February 1, 2001,
3-60 and one to serve a term expiring February 1, 2003, and of the
3-61 nonpublic members, the governor shall appoint two to serve terms
3-62 expiring February 1, 1999, two to serve terms expiring February 1,
3-63 2001, and two to serve terms expiring February 1, 2003. On
3-64 expiration of those terms, the term of a member of the authority is
3-65 six years, as provided by Section 497.053, Government Code.
3-66 (b) The Private Sector Prison Industries Oversight Authority
3-67 by March 1, 1998, shall adopt the rules that the authority is
3-68 required to adopt under Subchapter C, Chapter 497, Government Code,
3-69 as amended by this Act.
4-1 SECTION 4. On January 1, 1998, the powers, duties, and
4-2 obligations of the Texas Department of Criminal Justice to oversee
4-3 the private sector prison industries program authorized by
4-4 Subchapter C, Chapter 497, Government Code, are transferred to the
4-5 Private Sector Prison Industries Oversight Authority, as are any
4-6 funds appropriated to the department for oversight of the program.
4-7 On transfer of oversight authority and appropriated funds, the
4-8 remaining duties of the department in regard to the program are as
4-9 described by Subchapter C, Chapter 497, as amended by this Act.
4-10 SECTION 5. Notwithstanding Section 497.051(a), Government
4-11 Code, as amended by this Act, the Private Sector Prison Industries
4-12 Oversight Authority is not authorized to approve, certify, or
4-13 oversee the operations of a private sector prison industries
4-14 program operated on the effective date of this Act under a
4-15 provisional certificate issued to a nongovernmental entity under 18
4-16 U.S.C. Section 1761.
4-17 SECTION 6. This Act takes effect September 1, 1997.
4-18 SECTION 7. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.
4-23 * * * * *