1-1                                   AN ACT

 1-2     relating to the organization and operation of certain prison

 1-3     industries in the Texas Department of Criminal Justice, the Texas

 1-4     Youth Commission, and certain county correctional facilities, to

 1-5     agricultural programs and work programs of the Texas Department of

 1-6     Criminal Justice, and to certain funds held in trust for inmates in

 1-7     the custody of the Texas Department of Criminal Justice; providing

 1-8     a penalty.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Subchapters A and B, Chapter 497, Government

1-11     Code, are amended to read as follows:

1-12                 SUBCHAPTER A.  TEXAS CORRECTIONAL [PRISON]

1-13                             INDUSTRIES [OFFICE]

1-14           Sec. 497.001.  TEXAS CORRECTIONAL [PRISON] INDUSTRIES;

1-15     DEFINITIONS [OFFICE].  (a)  Texas Correctional Industries [The

1-16     prison industries office] is an office in the department.

1-17           (b)  In this subchapter and Subchapter B:

1-18                 (1)  "Office" means Texas Correctional Industries.

1-19                 (2)  "Articles and products" include services provided

1-20     through the use of inmate labor.

1-21           Sec. 497.002.  PURPOSE; IMPLEMENTATION.  (a)  The purposes of

1-22     the [prison industries] office are to implement this subchapter and

1-23     Subchapter B to:

1-24                 (1)  provide adequate, regular, and suitable employment

 2-1     for the [and] vocational training and rehabilitation of inmates,

 2-2     consistent with proper correctional purposes;

 2-3                 (2)  use the labor of inmates for self-maintenance;

 2-4                 (3)  reimburse the state for expenses caused by the

 2-5     crimes of inmates and the cost of their imprisonment;

 2-6                 (4)  provide for the requisition and disbursement of

 2-7     department articles and products through established state

 2-8     authorities to eliminate the possibility of unlawful private profit

 2-9     from the distribution of those articles and products;

2-10                 (5)  provide materials, products, or articles for sale

2-11     to the public, to private enterprises, or to agencies of the state

2-12     or political subdivisions of the state; and

2-13                 (6)  develop and expand public and private prison

2-14     industry operations [development and expansion of public and

2-15     private prison industries].

2-16           (b)  To implement the purposes of the office, the department

2-17     may establish and operate a prison industries program at each

2-18     correctional facility that the department considers suitable for

2-19     such a program.

2-20           Sec. 497.003.  ADVISORY COMMITTEE.  The board may establish a

2-21     prison industries advisory committee.  If the board establishes a

2-22     prison industries advisory committee, the advisory committee must

2-23     be [is] composed of nine members appointed by the board.  Members

2-24     of the advisory committee, if the advisory committee is

2-25     established, serve staggered three-year terms with the terms of

2-26     three members expiring February 1 of each odd-numbered year.

2-27           Sec. 497.004.  INMATE LABOR, PAY.  (a)  The department shall

 3-1     use inmate labor in [the] prison industries [program] to the

 3-2     greatest extent feasible and shall develop and expand [the] prison

 3-3     industries [program] by pursuing arrangements with business for the

 3-4     use of inmate labor.

 3-5           (b)  The board may develop by rule and the department may

 3-6     administer an incentive pay scale for inmates who participate in

 3-7     [the] prison industries [program].  Prison industries [The program]

 3-8     may be financed through  contributions donated for this purpose by

 3-9     private businesses contracting with the department.  The department

3-10     shall apportion pay earned by an inmate in the same manner as is

3-11     required by Section 497.051 [under this subchapter to the following

3-12     persons and entities, in amounts determined at the discretion of

3-13     the department:]

3-14                 [(1)  persons to whom the inmate has been ordered by a

3-15     court to pay restitution;]

3-16                 [(2)  the inmate's family and dependents;]

3-17                 [(3)  the state, as reimbursement for the cost of the

3-18     inmate's confinement;]

3-19                 [(4)  the compensation to victims of crime fund,

3-20     created by Article 56.54, Code of Criminal Procedure; and]

3-21                 [(5)  the inmate's trust fund].

3-22           Sec. 497.005.  INDUSTRIAL REVOLVING ACCOUNT.  (a)  The

3-23     legislature may appropriate money to an industrial revolving

3-24     account in the general revenue fund.

3-25           (b)  The office shall administer the industrial revolving

3-26     account.

3-27           (c)  The office may use money in the industrial revolving

 4-1     account to purchase real property, erect buildings, improve

 4-2     facilities, buy equipment and tools, install or replace equipment,

 4-3     buy industrial raw materials and supplies, and pay for other

 4-4     necessary expenses for the administration of this subchapter and

 4-5     Subchapter B.

 4-6           (d)  The office shall remit money received from the sale of

 4-7     articles and products produced under this subchapter and Subchapter

 4-8     B to the comptroller to be deposited in the industrial revolving

 4-9     account.

4-10           (e)  When the governor and the Legislative Budget Board

4-11     determine that the industrial revolving account contains money in

4-12     an amount that exceeds the amount necessary for the administration

4-13     of this subchapter and Subchapter B, the governor and the

4-14     Legislative Budget Board shall certify that fact to the

4-15     comptroller, who shall transfer the excess amount to the

4-16     unobligated portion of the general revenue fund.

4-17           (f)  Section 403.095, Government Code, does not apply to the

4-18     industrial revolving account.  [PROCEEDS FROM PRISON INDUSTRIES.

4-19     Proceeds received from the operation of a prison industries program

4-20     shall be deposited in the industrial revolving fund.  The proceeds

4-21     may be used by the department for the administration of this

4-22     subchapter.]

4-23           Sec. 497.006.  CONTRACTS WITH PRIVATE BUSINESS.  To encourage

4-24     the development and expansion of [the] prison industries [program],

4-25     the prison industries office may enter into necessary contracts

4-26     related to the prison industries program.  With the approval of the

4-27     board, the office may enter into a contract  with a private

 5-1     business to conduct a program on or off property operated by the

 5-2     department.  A contract entered into under this section must comply

 5-3     with the Private Sector/Prison Industry Enhancement Certification

 5-4     Program operated by the Bureau of Justice Assistance and authorized

 5-5     by 18 U.S.C. Section 1761.  In determining under Section 497.051

 5-6     the number of inmates employed in  conditional work programs, the

 5-7     department shall count the number of inmates participating in a

 5-8     work program under a contract entered into under this section.  Not

 5-9     more than 250 inmates may participate in work programs under

5-10     contracts entered into under this section.

5-11           Sec. 497.007.  GRANTS.  The [prison industries] office may

5-12     accept any grant designated for inmate vocational  rehabilitation.

5-13     The office shall maintain records relating to the receipt and

5-14     disbursement of grant funds, and shall annually report to the board

5-15     on the administration of grant funds.

5-16           Sec. 497.008.  LEASE OF LAND.  To further the expansion and

5-17     development of [the] prison industries [program], the department

5-18     may lease prison land to a private business.  A lease under this

5-19     section may not exceed a term of 50 years.  The business must lease

5-20     the land at fair market value and may construct or convert plant

5-21     facilities on the land.

5-22           Sec. 497.009.  CERTIFICATION FOR FRANCHISE TAX CREDIT.  The

5-23     department or the [prison industries] office on behalf of the

5-24     department shall prepare and issue a certification that a

5-25     corporation requires to establish eligibility for the franchise tax

5-26     credit for wages paid to inmates or employees who were inmates

5-27     under Subchapter L, Chapter 171, Tax Code.

 6-1           Sec. 497.010.  OFFENSE:  SALE OR OFFER OF SALE OF

 6-2     PRISON-PRODUCED ARTICLES OR PRODUCTS.  (a)  A person commits an

 6-3     offense if the person  intentionally sells or offers to sell on the

 6-4     open market in this state an article or product the person knows

 6-5     was manufactured in whole or in part by an inmate of the department

 6-6     or an inmate in any correctional facility or reformatory

 6-7     institution in this state or in any other state, other than an

 6-8     inmate:

 6-9                 (1)  who was on community supervision, parole, or

6-10     mandatory supervision;

6-11                 (2)  employed by an enterprise that has employed the

6-12     inmate in order to take advantage of the franchise tax credit

6-13     offered under Subchapter L, Chapter 171, Tax Code, at the time of

6-14     manufacture; or

6-15                 (3)  participating in a federally certified prison

6-16     industry enhancement program.

6-17           (b)  An offense under this section is a Class B misdemeanor

6-18     [COMPLIANCE.  The prison industries office may enter into a

6-19     contract with a private business under Section 497.006 only if the

6-20     contract specifies that the prison industries office and the

6-21     private business will comply with the Private Sector/Prison

6-22     Industry Enhancement Certification Program operated by the Bureau

6-23     of Justice Assistance and authorized by 18 U.S.C. Section 1761].

6-24          SUBCHAPTER B.  SALES OF PRISON-MADE ARTICLES OR PRODUCTS

6-25                             [GOODS ACT OF 1963]

6-26           Sec. 497.021.  AUTHORITY [SHORT TITLE].  This subchapter

6-27     governs the sale of prison-made products to governmental  agencies

 7-1     [may be cited as the Prison-Made Goods Act of 1963].

 7-2           Sec. 497.022.  CONTRACTS.  The department may contract with:

 7-3                 (1)  another state, the federal government, a foreign

 7-4     government, or an agency of any of those governments to manufacture

 7-5     for or sell to those governments prison-made articles or products;

 7-6     or

 7-7                 (2)  a private school or a visually handicapped person

 7-8     in this state to manufacture Braille textbooks or other

 7-9     instructional aids for the education of visually handicapped

7-10     persons [PURPOSE. The purpose of this subchapter is to:]

7-11                 [(1)  provide adequate, regular, and suitable

7-12     employment for the vocational training and rehabilitation of

7-13     inmates, consistent with proper penal purposes;]

7-14                 [(2)  use the labor of inmates for self-maintenance;]

7-15                 [(3)  reimburse the state for expenses caused by the

7-16     crimes of inmates and the cost of their confinement;]

7-17                 [(4)  provide for the requisition and disbursement of

7-18     institutional division articles and products through established

7-19     state authorities to eliminate the possibility of private profits

7-20     from the distribution of those articles and products; and]

7-21                 [(5)  provide materials, products, or articles for sale

7-22     to a private person or for the use of the state or a political

7-23     subdivision of the state].

7-24           Sec. 497.023. [RULES.  The board may adopt rules necessary

7-25     for the administration of this subchapter.]

7-26           [Sec. 497.024.]  PRIORITIES.  Under this subchapter and

7-27     Subchapter A, the office [The institutional division] shall produce

 8-1     products and articles [administer this subchapter] first to fulfill

 8-2     the needs of agencies of the state [for articles and products

 8-3     produced under this subchapter,] and second to fulfill the needs of

 8-4     political subdivisions or other purchasers [for the articles and

 8-5     products].

 8-6           [Sec. 497.025.  PURCHASE OF EQUIPMENT AND SUPPLIES;

 8-7     EMPLOYMENT OF PERSONNEL.  To provide articles and products to an

 8-8     agency of the state or a political subdivision of the state, the

 8-9     institutional division may purchase equipment, raw materials, and

8-10     supplies in the manner provided by law.]

8-11           Sec. 497.024 [497.026].  AGENCIES AND POLITICAL SUBDIVISIONS:

8-12     DUTIES TO PURCHASE.  (a)  If the office [institutional division]

8-13     produces an article or product under this subchapter, an agency of

8-14     the state or a political subdivision may purchase the article or

8-15     product only from the office [division].

8-16           (b)  If the General Services Commission determines that an

8-17     article or product produced by the office [institutional division]

8-18     under this subchapter does not meet the requirements of an  agency

8-19     of the state or a political subdivision, or that the office has

8-20     determined [institutional division of the Texas Department of

8-21     Criminal Justice determines] that the office [division] is unable

8-22     to fill a requisition for an article or  product, the agency or

8-23     subdivision may purchase the article or product from another

8-24     source.

8-25           (c)  An agency of the state or a political subdivision may

8-26     not evade the intent of this subchapter by requesting an article or

8-27     product that varies slightly from standards for articles or

 9-1     products established under Section 497.027 [497.029], if the office

 9-2     [institutional division] produces a  similar article or product

 9-3     that is in compliance with established standards and is reasonably

 9-4     suited to the actual needs of the agency or subdivision.

 9-5           Sec. 497.025 [497.027].  PURCHASING PROCEDURE.  (a)  An

 9-6     agency of the state that purchases articles  and products under

 9-7     this subchapter must requisition the purchase through the General

 9-8     Services Commission except for purchases of articles or products

 9-9     [items or services] not included in an established contract.   The

9-10     purchase of articles or products [items] not included in an

9-11     established contract and that do not exceed the dollar limits

9-12     established under Section 2155.132 [3.08(a), State Purchasing and

9-13     General Services Act (Article 601b, Vernon's Texas Civil

9-14     Statutes),] may be acquired directly from the office [department]

9-15     on the agency's obtaining an informal or a formal  quotation for

9-16     the item and issuing a proper purchase order to the office

9-17     [department].

9-18           (b)  A political subdivision may purchase articles and

9-19     products under this subchapter directly from the office

9-20     [institutional division].

9-21           (c)  If an agency or political subdivision purchasing goods

9-22     under this subchapter desires to purchase goods or articles from

9-23     the office [division], it may do so without complying with any

9-24     other state law otherwise requiring the agency or political

9-25     subdivision to request competitive bids for the article or product.

9-26     Nothing herein shall be interpreted to require a political

9-27     subdivision to purchase goods or articles from the office

 10-1    [division] if the political subdivision determines that the goods

 10-2    or articles can be purchased elsewhere at a lower price.  An [or

 10-3    an] agency may decline to purchase goods or articles from the

 10-4    office [division] if the agency determines, after giving the office

 10-5    a final opportunity to negotiate on price, and the General Services

 10-6    Commission certifies, that the goods or articles can be purchased

 10-7    elsewhere at a lower price.

 10-8          Sec. 497.026 [497.028].  PRICES.  The office [institutional

 10-9    division] and the [State Purchasing and] General Services

10-10    Commission shall determine the sales price of articles and products

10-11    produced under this subchapter.

10-12          Sec. 497.027 [497.029].  SPECIFICATIONS.  (a)  The [State

10-13    Purchasing and] General  Services Commission shall establish

10-14    specifications for articles and products produced under this

10-15    subchapter.  An article or product produced under this subchapter

10-16    must meet specifications established under this subsection in

10-17    effect when the article or product is produced.

10-18          (b)  The office [institutional division] may manufacture

10-19    articles and products to meet commercial specifications for the

10-20    article or product if the [State Purchasing and] General Services

10-21    Commission has not established specifications for the article or

10-22    product and the commission approves the commercial specifications.

10-23          Sec. 497.028 [497.030].  CATALOGS.  The office [institutional

10-24    division] shall prepare  catalogs that accurately and completely

10-25    describe articles and products produced under this subchapter.  The

10-26    office [institutional division] shall send copies of the catalogs

10-27    to all state agencies and make the catalogs available to political

 11-1    subdivisions.

 11-2          Sec. 497.029 [497.031].  NEW ARTICLES AND PRODUCTS.  The

 11-3    [State Purchasing and] General Services  Commission may request the

 11-4    office [institutional division] to produce additional articles or

 11-5    products under this subchapter.

 11-6          Sec. 497.030 [497.032].  [STATE PURCHASING AND] GENERAL

 11-7    SERVICES COMMISSION REPORTS.  (a)  Not later than the 31st day

 11-8    before the first day of each fiscal year, the [State Purchasing

 11-9    and] General Services Commission shall submit to the office

11-10    [institutional division] a report that summarizes the types and

11-11    amounts of articles and products sold under this subchapter in the

11-12    preceding nine months.

11-13          (b)  Not later than the 100th day after the last day of each

11-14    fiscal year, the [State Purchasing and] General Services Commission

11-15    shall submit to the office [institutional division] a report that

11-16    states the types and amounts of articles and products sold under

11-17    this subchapter in the preceding fiscal year.

11-18          (c)  A report submitted by the [State Purchasing and] General

11-19    Services Commission under this section must describe the articles

11-20    and products to the extent possible in the manner those articles

11-21    and products are described in catalogs prepared under Section

11-22    497.028 [497.030].

11-23          [Sec. 497.033.  INDUSTRIAL REVOLVING FUND.  (a)  The

11-24    legislature may appropriate in the General Appropriations Act money

11-25    to an industrial revolving fund.]

11-26          [(b)  The prison industries office established under Section

11-27    497.001 shall administer the industrial revolving fund.]

 12-1          [(c)  The institutional division may use money appropriated

 12-2    to the industrial revolving fund to erect buildings, improve

 12-3    facilities, buy equipment and tools, install or replace equipment,

 12-4    and pay for other necessary expenses for the administration of this

 12-5    subchapter.]

 12-6          [(d)  The institutional division shall deposit funds received

 12-7    from the sale of articles and products produced under this

 12-8    subchapter with the state treasurer to be maintained in the

 12-9    industrial revolving fund.]

12-10          [(e)  Subject to the approval of the board, the institutional

12-11    division may use money deposited under Subsection (d) for the

12-12    purposes described in Subsection (c), and for the employment of

12-13    supervisors as necessary for the administration of this subchapter.]

12-14          [(f)  When the governor and the Legislative Budget Board

12-15    determine that the industrial revolving fund contains money in an

12-16    amount that exceeds the amount necessary for the administration of

12-17    this subchapter, the excess amount shall be transferred by the

12-18    institutional division to the general revenue fund.]

12-19          [(g)  Sections 403.094(h) and (i) do not apply to the

12-20    industrial revolving fund.]

12-21          [Sec. 497.034.  SURPLUS PROPERTY AND AGRICULTURAL PRODUCTS.

12-22    (a)  The board may authorize the director of the institutional

12-23    division to sell or dispose of surplus agricultural products and

12-24    personal property owned by the institutional division, other than

12-25    products or property produced for sale by the division.]

12-26          [(b)  Products and property described by Subsection (a) shall

12-27    be sold under rules adopted by the board and at prices and terms

 13-1    set by the board.]

 13-2          [(c)  The institutional division may use surplus agricultural

 13-3    lands to provide agricultural products to a nonprofit organization

 13-4    at no profit to the division.]

 13-5          [Sec. 497.035.  OFFENSE:  SALE OR OFFER OF SALE OF

 13-6    PRISON-PRODUCED ARTICLES OR PRODUCTS.  (a)  A person commits an

 13-7    offense if the person intentionally sells or offers to sell on the

 13-8    open market in this state an article or product the person knows

 13-9    was manufactured in whole or in part by an inmate of the

13-10    institutional division or an inmate in a correctional facility in

13-11    any other state, other than an inmate:]

13-12                [(1)  who was on community supervision, parole, or

13-13    mandatory supervision;]

13-14                [(2)  employed by an enterprise who has employed the

13-15    inmate to advantage themselves of the Franchise Tax Credit offered

13-16    under Subchapter L, Chapter 171, Tax Code, at the time of

13-17    manufacture; or]

13-18                [(3)  participating in a federally certified prison

13-19    industry enhancement program.]

13-20          [(b)  An offense under this section is a misdemeanor

13-21    punishable by:]

13-22                [(1)  a fine of not less than $10 or more than $500;]

13-23                [(2)  confinement in jail for a term of not less than

13-24    10 days or more than one year; or]

13-25                [(3)  both such fine and confinement.]

13-26          SECTION 2.  Section 497.091, Government Code, is amended by

13-27    adding Subsection (d) to read as follows:

 14-1          (d)  The department may contract with nonprofit organizations

 14-2    that provide services to the general public and enhance social

 14-3    welfare and the general well-being of the community to provide

 14-4    inmate labor to those organizations.

 14-5          SECTION 3.  Subchapter F, Chapter 497, Government Code, is

 14-6    amended by adding Section 497.113 to read as follows:

 14-7          Sec. 497.113.  SURPLUS AGRICULTURAL PROPERTY AND PRODUCTS.

 14-8    (a)  The board may authorize the sale or disposal of surplus

 14-9    agricultural products and personal property owned by the

14-10    department, other than products or property produced for sale by

14-11    the department.

14-12          (b)  Products and property described by Subsection (a) shall

14-13    be sold under rules adopted by the board and at prices and terms

14-14    set pursuant to those rules.

14-15          (c)  The department may use surplus agricultural capacity to

14-16    provide agricultural products to a nonprofit organization at no

14-17    profit to the department.

14-18          SECTION 4.  Section 38.111(a), Penal Code, is amended to read

14-19    as follows:

14-20          (a)  An inmate of the institutional division or a person

14-21    confined in a state jail felony facility commits an offense if with

14-22    intent to obtain a benefit or with intent to harm or defraud

14-23    another the inmate or person possesses, discloses, or uses personal

14-24    information about another that the inmate or person has access to

14-25    by means of participation in a work program operated by or for the

14-26    institutional division or state jail division.

14-27          SECTION 5.  Section 61.123, Human Resources Code, is amended

 15-1    to read as follows:

 15-2          Sec. 61.123.  PAY AND DISTRIBUTION OF PAY.  The commission

 15-3    shall apportion wages earned by a child working under the

 15-4    industries program in amounts determined at the discretion of the

 15-5    commission, in the following priority:

 15-6                (1)  a person to whom the child has been ordered by a

 15-7    court or to whom the child has agreed to pay restitution;

 15-8                (2)  a person to whom the child has been ordered by a

 15-9    court to pay child support; [and]

15-10                (3)  the compensation to victims of crime fund or the

15-11    compensation to victims of crime auxiliary fund; and

15-12                (4)  the child's student account.

15-13          SECTION 6.  Chapter 63, Civil Practice and Remedies Code, is

15-14    amended by adding Section 63.006 to read as follows:

15-15          Sec. 63.006.  GARNISHMENT OF FUNDS HELD IN INMATE TRUST FUND.

15-16    (a)  A writ of garnishment may be issued against an inmate trust

15-17    fund held under the authority of the Texas Department of Criminal

15-18    Justice under Section 501.014, Government Code, to encumber money

15-19    that is held for the benefit of an inmate in the fund.

15-20          (b)  The state's sovereign immunity to suit is waived only to

15-21    the extent necessary to authorize a garnishment action in

15-22    accordance with this section.

15-23          SECTION 7.  Sections 501.014(e) and (f), Government Code, are

15-24    amended to read as follows:

15-25          (e)  On notification by a court, the department

15-26    [institutional division] shall withdraw from an inmate's trust fund

15-27    account any amount the inmate is ordered to pay by order of the

 16-1    court under this subsection [for child support, restitution, fines,

 16-2    and court costs].  The department [institutional division] shall

 16-3    make a payment under this subsection as ordered by the court to

 16-4    either the court or the party specified in the court order.  The

 16-5    [institutional division and the] department is [are] not liable for

 16-6    withdrawing or failing to withdraw money or making payments or

 16-7    failing to make payments under this subsection.  The department

 16-8    [institutional division] shall make withdrawals and payments from

 16-9    an inmate's trust fund account under this subsection according to

16-10    the following schedule of priorities:

16-11                (1)  as payment in full for all orders for child

16-12    support;

16-13                (2)  as payment in full for all orders for restitution;

16-14                (3)  as payment in full for all orders for court fees

16-15    and costs [fines]; [and]

16-16                (4)  as payment in full for all orders for fines; and

16-17                (5)  as payment in full for any other court order,

16-18    judgment, or writ [court costs].

16-19          (f)  The department [institutional division] may place a hold

16-20    on funds in or withdraw funds from an inmate trust fund account:

16-21                (1)  to restore amounts withdrawn by the inmate against

16-22    uncollected funds;

16-23                (2)  to correct accounting errors;

16-24                (3)  to make restitution for wrongful withdrawals made

16-25    by an inmate from the trust fund of another inmate;

16-26                (4)  to cover deposits until cleared;

16-27                (5)  as directed by court order in accordance with

 17-1    Subsection (e); [or]

 17-2                (6)  as part of an investigation by the department of

 17-3    inmate conduct involving the use of trust funds or an investigation

 17-4    in which activity in the trust fund is evidence; or

 17-5                (7)  to transfer funds deposited in violation of law or

 17-6    department policy.

 17-7          SECTION 8.  The changes in law made by this Act to Section

 17-8    63.006, Civil Practice and Remedies Code, apply only to a writ of

 17-9    garnishment issued against an inmate trust fund on or after the

17-10    effective date of this Act.  A writ of garnishment issued against

17-11    an inmate trust fund before the effective date of this Act is

17-12    governed by the law as it existed before the effective date of this

17-13    Act, and that law is continued in effect for this purpose.

17-14          SECTION 9.  Section 496.051, Government Code, and Section 1,

17-15    Chapter 86, Acts of the 47th Legislature, Regular Session, 1941

17-16    (Article 9007, Vernon's Texas Civil Statutes), are repealed.

17-17          SECTION 10.  (a)  The changes in law made by this Act to

17-18    Section 497.010, Government Code, and Section 38.111, Penal Code,

17-19    apply  only to an offense committed on or after the effective date

17-20    of this Act.  For purposes of this section, an offense is committed

17-21    before the effective date of this Act if any element of the offense

17-22    occurs before the effective date.

17-23          (b)  An offense committed before the effective date of this

17-24    Act is covered by the law in effect when the offense was committed,

17-25    and the former law is continued in effect for that purpose.

17-26          SECTION 11.  This Act takes effect September 1, 1997.

17-27          SECTION 12.  The importance of this legislation and the

 18-1    crowded condition of the calendars in both houses create an

 18-2    emergency and an imperative public necessity that the

 18-3    constitutional rule requiring bills to be read on three several

 18-4    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2324 was passed by the House on May

         14, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2324 on May 28, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2324 was passed by the Senate, with

         amendments, on May 24, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor