SRC-ARR C.S.S.B. 258 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 258
76R429 GWK-DBy: West
Criminal Justice
3/18/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not consider prisoners of the Texas Department of
Criminal Justice to be "employees" for purposes of the Texas Hazard
Communication Act, Chapter 502 of the Health and Safety Code. Thus, state
prison inmates are not statutorily required to be informed about and
trained in using hazardous chemicals in their workplace. There are
approximately 55,000 offenders who have direct contact with chemicals
requiring Hazard Communication Act training. This figure represents
offenders assigned to industry, food service, laundry, maintenance,
agriculture, and support service inmate orderly duties. C.S.S.B. 258
authorizes applicability of the Hazard Communication Act to certain inmates
of the Texas Department of Criminal Justice. 

PURPOSE

As proposed, C.S.S.B. 258 authorizes applicability of the Hazard
Communication Act to certain inmates of the Texas Department of Criminal
Justice. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 502, Health and Safety Code, by adding Section
502.020, as follows: 

Sec. 502.020. Provides that a person imprisoned in a facility operated by
or for the Texas Department of Criminal Justice (department) is not an
employee for the purpose of this Act. Requires the department to provide a
person imprisoned in a facility operated by or for the department with the
protections from exposure to hazardous chemicals in the workplace as
provided for in this Act. 

SECTION 2. Emergency clause.
                      Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Adds Section 502.020, Health and Safety Code, to provide that a person
imprisoned in a facility operated by or for the department is not an
employee for the purpose of this Act. Requires the department to provide a
person imprisoned in a facility operated by or for the department with the
protections from exposure to hazardous chemicals in the workplace as
provided for in this Act. Deletes reference to Section 502.003(10), Health
and Safety Code, redefining "employees."