LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  March 11, 1997
         
         
      TO: Honorable Allen Hightower, Chair            IN RE:  House Bill No. 1301
          Committee on Corrections                              By: Allen
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB1301 ( Relating 
to the oversight of the private sector prison industries program.) 
this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB1301-As Introduced
         
Implementing the provisions of the bill would result in a net 
positive impact of $1,094,000 to General Revenue Related Funds 
through the biennium ending August 31, 1999.
         
The bill would make no appropriation but could provide the legal 
basis for an appropriation of funds to implement the provisions 
of the bill.
         
 
Fiscal Analysis
 
The bill would partially implement Texas Performance Review 
(TPR) recommendation PSC5  in Gaining Ground:  A Report from 
the Texas Performance Review (1994). 

The bill would amend 
certain portions of the Government Code relating to the private 
sector prison industries program. The bill would create the 
Private Sector Prison Industries Oversight Authority to approve, 
certify, and oversee the operations of private prison industries 
programs in the Texas Department of Criminal Justice (TDCJ). 
 The programs would remain in compliance with federal law relating 
to state industry prison enhancement certification programs. 
To operate a federal Prison Industry Enhancement Program, a 
prison agency must obtain certification from the U.S. Department 
of Justice's Bureau of Justice Assistance.

The executive 
director of TDCJ would be required to provide the authority 
with the necessary clerical and technical support to perform 
the duties imposed by the bill.

The authority would consist 
of nine members appointed by the Governor. Authority members 
would not be entitled to compensation but would be entitled 
to reimbursement for travel expenses as provided in the General 
Appropriations Act.

The bill would require a private sector 
prison industries program to make an annual payment to the authority 
in an amount equal to the amount of money the program would 
have paid during a year for unemployment insurance if employees 
of the program had been engaged in non-prison employment.  The 
authority would be required to adopt a method to determine the 
amount owed by industry and a payment schedule. The authority 
would be required to remit the fees collected to the Comptroller's 
Office for deposit to the credit of a new, dedicated Private 
Sector Prison Industries Oversight Account in the General Revenue 
Fund. The Legislature could appropriate funds from this account 
only for the purpose of paying the costs incurred by the authority 
and TDCJ to implement the terms of the bill.  At the end of 
each fiscal year, the Comptroller would be required to transfer 
any excess funds in the account to the credit of the dedicated 
Compensation to Victims of Crime Account in the General Revenue 
Fund. 

The authority would require inmate employees at each 
private sector prison industries program to be paid no less 
than the prevailing wage, as computed by the authority.  Employers 
would be permitted to pay only the minimum wage for the first 
two months of employment. The authority would be prohibited 
from granting an initial certification of a program if the authority 
determined that the operation of the program would result in 
the loss of existing jobs provided by the employer in this state. 
The authority would be required to ensure that program employers 
meet or exceed all federal requirements for providing compensation 
to inmates injured while working.

The authority, with the 
cooperation of the Criminal Justice Policy Council, would be 
required to gather data to determine the impact of a private 
sector prison industries program on reducing recidivism. The 
authority would be permitted to certify any number of programs 
that met or exceeded federal law and the rules of the authority, 
but in no event could more than 3,000 inmates participate in 
the program at any one time.

This bill would take effect 
on September 1, 1997.  TDCJ's power, duties, and obligations 
to oversee the program would be transferred to the authority 
on January 1, 1998, as would any funds appropriated to TDCJ 
for oversight of the program. 
 
Methodolgy
 
The estimate for the annual payment that employers would be 
required to make to the authority is based on information from 
the Texas Workforce Commission.  Unemployment insurance is paid 
on the first $9,000 of wages, and the rate ranges from 0.27 
percent to more that 6 percent, depending on an employer's experience 
rating.  The statewide average rate in 1996 was 1.47 percent 
and is projected to be 1.36 percent in 1997.

Under the federal 
Prison Industry Enhancement Program guidelines, the state may 
make various deductions from an inmate's wages, including victim 
compensation and reimbursement to the state for a portion of 
the costs of incarceration. Victim compensation and offender 
reimbursements per fiscal year are estimated.  
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable Revenue   Probable Revenue   Probable Revenue   Probable           Change in Number   
            Gain/(Loss) from   Gain/(Loss) from   Gain/(Loss) from   Savings/(Cost)     of State          
            General Revenue    Compensation to    New GR-Dedicated   from New           Employees from    
            Fund               Victims of Crime   Account -          GR-Dedicated       FY 1997           
                               Account/                              Account -                            
                               GR-Dedicated                                                               
            0001               0469               8021               8021                                  
       1998          $156,000          $178,000           $30,000         ($30,000)               3.0
       1998           938,000           713,000            92,000          (92,000)               3.0
       2000         1,900,000         1,474,000           153,000         (104,000)               3.0
       2001         3,090,000         2,457,000           245,000         (104,000)               3.0
       2002         4,750,000         3,825,000           367,000         (104,000)               3.0
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998             $156,000
               1999              938,000
               2000            1,900,000
               2001            3,090,000
               2002            4,750,000
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No significant fiscal implication to units of local government 
is anticipated.
          
   Source:            Agencies:   665   Juvenile Probation Commission
                                         410   Criminal Justice Policy Council
                                         696   Department of Criminal Justice
                                         304   Comptroller of Public Accounts
                                         320   Texas Workforce Commission
                                         
                      LBB Staff:   JK ,CB ,JN