SRC-DPW S.B. 365 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 365
76R7171 GWK-DBy: Brown
Criminal Justice
3/29/1999
As Filed


DIGEST 

Currently, the Texas Department of Criminal Justice (department) is subject
to the Sunset Act and will be abolished on September 1, 1999 unless
continued by the legislature.  The Board of Pardons and Paroles is subject
to review by the Sunset Advisory Commission in the same time frame as the
department.  As a result of its review of the department, the Sunset
Advisory Commission recommended continuation and several statutory
modifications.  This bill would continue the department for a 12-year
period and make statutory modifications recommended by the Sunset Advisory
Commission. 

PURPOSE

As proposed, S.B. 365 authorizes the continuation and the functions of the
Texas Department of Criminal Justice, the administration of the Private
Sector Prison Industries Oversight Authority, and the administration of the
Texas Council on Offenders with Mental Impairments. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to Texas Board of Criminal Justice and the
Board of Pardons and Paroles Policy Board in SECTIONS 1.07 and 1.15
(Sections 492.0131 and 497.004(a), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1

SECTION 1.01.  Amends Section 492.003, Government Code, to define a "Texas
trade association." Provides that an officer, employee, paid consultant, or
spouse of previously mentioned, of a Texas trade association in the field
of criminal justice may not be a Texas Department of Criminal Justice
(department) employee in a "bona fide executive, administrative, or
professional capacity."  Provides that a person registered as a lobbyist
under Chapter 305 may not serve as a member or counsel to the Texas Board
of Criminal Justice (board) or the department.  Requires appointments to be
made without regard to disability, rather than handicap.  Provides that a
ground for removal exists if at the time of taking office, rather than
appointment, a person does not meet the required qualifications or is
ineligible under Subsection (c) or (d).  Sets forth procedures for the
notification of potential grounds for removal. Deletes a provision
regarding ineligibility criteria for board membership.  Makes conforming
changes. 

SECTION 1.02. Amends Chapter 492, Government Code, by adding Section
492.0031, as follows. 

Sec. 492.0031. TRAINING PROGRAM FOR MEMBERS. Provides that an appointed
person may not participate as a member in attendance until a training
program compliant with this section is completed. Requires  the training
program to include certain information.  Entitles a person to reimbursement
for travel expenses incurred in attending the training program. 

SECTION 1.03. Amends Section 492.004, Government Code, to require the
executive director, rather than the board, to provide agency employees with
information regarding office or employment requirements and standards of
conduct for state employees.  Deletes a provision regarding qualifications
for office.  Makes conforming changes. 

SECTION 1.04. Amends Section 492.006, Government Code, to require the board
to meet once a year and authorizes the board to meet at other times at the
call of the chairman.  Requires the board to allow the presiding officer of
the Board of Pardons and Paroles to present any item relating to the
operation  of the parole system.  Deletes a provision requiring the
chairman to provide meeting notification to the chairman of the Legislative
Criminal Justice Board. 

SECTION 1.05. Amends Section 492.012, Government Code, to set forth the
continuation and functions of the Texas Board of Criminal Justice and the
Texas Department of Criminal Justice and makes statutory modifications
recommended by the Sunset Advisory Commission.  Provides that the board and
department are to be abolished September 1, 2011, rather than 1999, unless
provided by that chapter. 

SECTION 1.06. Amends Section 492.013, Government Code, to require the board
to clearly separate the policymaking, rather than define the respective,
responsibilities of the board and the management responsibilities of the
executive director  and the staff of the department.  Deletes a provision
requiring the board to provide certain information to employees.  Makes
conforming changes. 

SECTION 1.07. Amends Chapter 492, Government Code, by adding Section
492.0131, as follows: 

Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES.  Requires the board and
the Board of Pardons and Paroles Policy Board (policy board) to review
rules, policies, and procedures related to the operation of the parole
process.  Requires the board and the policy board to identify areas of
inconsistency between the  department and the Board of Pardons and Paroles
and to amend rules or policies for consistent operation.   

SECTION 1.08. Amends Chapter 493, Government Code, by adding Section
493.0021, as follows: 

Sec. 493.0021. ORGANIZATIONAL FLEXIBILITY. Authorizes the executive
director with the approval of the board, to create, eliminate, or reassign
duties of, divisions listed under Section 493.002 or created under this
section, notwithstanding certain sections.  Authorizes the executive
director to reorganize the distribution of power granted to a division with
the consideration of comments from the judicial advisory council. 

SECTION 1.09. Amends Section 493.007, Government Code, to require the
executive director's designee to maintain a written policy statement that
implements a program of equal employment opportunity to ensure that all
decisions, rather than transactions, are made without regard to disability.
Requires the policy statement to include personnel policies related to
selection, rather than appointment, of personnel, promotion of personnel
that demonstrates the department's intent to avoid unlawful employment
practices described by Chapter 21, Labor Code, analysis of personnel
composition, and reasonable methods to comply with state and federal law.
Requires a policy statement to be reviewed by the state Commission on Human
Rights.  Deletes a provision requiring division directors to hire for the
division.  Deletes a provision including the determination of
underutilization of certain employees in the policy statement.  Deletes a
provision in the policy statement regarding significant utilization.
Deletes a provision requiring a biennial report from the governor's office
on information received from this section. 

SECTION 1.10. Amends Section 493.016, Government Code, to add standard
language developed by the Sunset Advisory Commission regarding information
of public interest and complaints. 

SECTION 1.11. Amends Section 497.001(b)(2), Government Code, to redefine
"articles and products."  

SECTION 1.12. Amends Section 497.001(b), Government Code, by adding
Subdivision (3), to define "work program participant." 

SECTION 1.13. Amends Section 497.002(a), Government Code, to provide that
the purposes of the Texas Correctional Industries (office) are to provide
work program participants with marketable job skills and reduce department
costs by providing products and articles for the department or for sale on
a for-profit basis to the public.  Deletes certain provisions regarding the
purposes of the office.   

SECTION 1.14. Amends Section 497.003(c), Government Code, to make a
conforming change. 

SECTION 1.15. Amends Section 497.004, Government Code, to authorize the
board to develop, by rule, and the department to administer by an incentive
pay scale for work program participants, rather than inmates who
participate in prison industries.  Requires the department to apportion pay
earned by  a work program participant as required by Section 497.0581,
rather than Section 497.051.  Requires the department to consider each
participant's classification and availability to work in assigning
positions in factories, rather than prison factories.  Requires the
department to give priority to participants closest to release in assigning
training, rather than inmate's needs and projected release date. Deletes a
provision regarding inmate labor use in prison industries.  Makes
conforming changes. 

SECTION 1.16. Amends Section 497.005, Government Code, as follows:

Sec. 497.005. New heading: INDUSTRIAL RECEIPTS. Authorizes the office to
use appropriated money in amounts corresponding to receipts from the sale
of articles and products, rather than in the industrial revolving account.  

SECTION 1.17. Amends Section 497.006, Government Code, to require the
department to count the number of participants, rather than inmates, in a
work program.  Provides that no more than 250 work program participants may
participate. 

SECTION 1.18. Amends Section 497.007, Government Code, to make a conforming
and nonsubstantive change. 

SECTION 1.19. Amends Section 497.009, Government Code, to make conforming
changes. 

SECTION 1.20. Amends Section 497.025(a), Government Code, to require the
General Services Commission (GSC) and the department to enter into an
agreement to expedite the process by which agencies are required to
requisition purchases of articles or products through GSC. 

SECTION 1.21. Amends Section 497.058(a), Government Code, to require the
Private Sector Prison Industries Oversight Authority (PSPIOA), by rule, to
ensure employees of the program are paid a certain wage. 

SECTION 1.22. Amends Section 497.0581, Government Code, as follows:

Sec. 497.0581. New heading: EMPLOYEE CONTRIBUTIONS. Makes conforming
changes. 

SECTION 1.23. Amends Section 497.060, Government Code, to make a conforming
change. 

SECTION 1.24. Amends Section 497.061, Government Code, to make a conforming
change. 

SECTION 1.25. Amends Section 497.062, Government Code, as follows:

Sec. 497.062. New heading: LIMITATION ON NUMBER OF EMPLOYEES.  Provides
that the PSPIOA may not permit more than 1,500 individuals to be employees
of, rather than inmates to participant in, the program at one time. 

SECTION 1.26. Amends Section 497.094(a), Government Code, to require the
department to implement a job training program for each job performed by an
inmate confined in a facility under contract with the department or a
defendant or releasee housed in a facility operated under contract with the
department.  Requires the department to keep a permanent record describing
the types of job training provided, which is required to be released to the
inmate, defendant, or releasee upon release. 

SECTION 1.27. Amends Section 497.095, Government Code, to require the
department, rather than institutional division, to establish a permanent
record for inmates confined in facilities operated under contract with the
department, rather than in the division, who participate in a department
work, rather than an on-the-job training program, rather than the division.
Requires the record to contain types of work performed by the inmate,
defendant, or releasee during the times of supervision and evaluations of
performance of and proficiency at assigned tasks.  Requires the department,
rather than the division, to provide the releasee a copy of the record,
created under this section, upon release.  Makes a conforming and
nonsubstantive change. 

SECTION 1.28. Amends Chapter 497E, Government Code, by adding Section
497.099, as follows: 

Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED.  Requires the
department to require each mentally and physically capable inmate,
defendant, or releasee housed in a facility operated by the department to
work in a work program.  Authorizes the department to waive the work
requirement to maintain security or permit the inmate, defendant, or
releasee to participate in rehabilitative programming. 

SECTION 1.29. Amends Section 509.011, Government Code, by adding
Subsections (g) and (h),  to authorize the department to reduce a
department's per capita and formula funding to ensure a department's
reserves do not exceed two months' basic operating cost.  Authorizes the
department to adopt policies permitting a department to maintain reserves
in amounts greater than otherwise permitted in this subsection to cover
certain costs.  Authorizes the department to distribute unallocated funds
to individual departments to further the purposes of this chapter.
Authorizes any a community supervision and corrections department to
transfer to the department any unencumbered state funds held by the
department.  Authorizes the department to distribute funds transferred to
the department to further the purposes of this chapter. 

SECTION 1.30. Amends Section 2251.001(8), Government Code, to redefine
"vendor." 

SECTION 1.31. Amends Section 8(a), Article 42.09, Code of Criminal
Procedure, to require a county transferring a defendant to the department
to deliver a copy of a presentence or postsentence investigation report, if
prepared. 

SECTION 1.32. Amends Section 9(k), Article 42.12, Code of Criminal
Procedure, to authorize a court to order a peace officer (officer) to
prepare a postsentence report.  Provides that on the condition a
postsentence report is ordered, the officer is required to send the report
to the clerk of the court who is to follow procedures described, rather
than required, by Section 8(a), Article 42.09. 

SECTION 1.33. Amends Section 14, Article 42.14, Code of Criminal Procedure,
by amending Subsection (c) and adding Subsection (e), to require a
defendant to participate in a drug or alcohol abuse continuum of care
treatment plan and pay a fee in a certain amount.  Requires a judge to
consider fines, fees, and other necessary expenses for which the defendant
is obligated in establishing the amount of the fee.  Prohibits a judge from
performing certain actions regarding the fee. 

SECTION 1.34. Amends Section 171.651(2), Tax Code, to define "work program
participant." Deletes the definition of  "inmate." 

SECTION 1.35. Amends Section 171.653, Tax Code, as follows:

Sec. 171.653. New heading: CREDIT FOR WAGES PAID TO WORK PROGRAM
PARTICIPANT.  Deletes a provision regarding the applicability of Section
497.004(b)(3), Government Code.  Makes conforming changes.   

SECTION 1.36. Amends Section 171.654, Tax Code, as follows:

Sec. 171.654. New heading: CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
PROGRAM PARTICIPANT. Authorizes a corporation to claim credit for wages
paid for an employee employed for more than one year after release from
supervision.  Makes conforming changes. 

SECTION 1.37. Amends the heading of Chapter 171L, Tax Code, as follows:

SUBCHAPTER L.  TAX CREDIT FOR WAGES PAID TO TEXAS DEPARTMENT OF CRIMINAL
JUSTICE OR FORMER PARTICIPANTS 

SECTION 1.38. Repealer: Section 497.090, Government Code (Membership).

ARTICLE 2

SECTION 2.01. Amends Section 497.052, Government Code, by adding
Subsections (c) and (d), to prohibit certain persons from being public
members of PSPIOA.  Requires appointments to PSPIOA to be made without
regard to race, color, disability, sex, religion, age or national origin. 

 SECTION 2.02. Amends Chapter 497C, Government Code, by adding Sections
497.0521 - 497.0527, as follows: 

Sec. 497.0521. CONFLICTS OF INTEREST. Defines "Texas trade association."
Prohibits certain persons from being a member of PSPIOA and being a PSPIOA
employee in a "bona fide executive, administrative, or professional
capacity."  Prohibits registered lobbyists from being members of PSPIOA. 

Sec. 497.0522. REMOVAL PROVISIONS. Sets forth grounds for removal of
members. Provides that the validity of an action of PSPIOA is not affected
by the fact that a ground for removal of a member exists.  Sets forth
procedures for notifying the governor and attorney general of an existence
of a ground for removal of a member of PSPIOA, 

Sec. 497.0523. INFORMATION:  REQUIREMENTS FOR OFFICE OR EMPLOYMENT.
Requires the executive director to provide to PSPIOA members and employees
information regarding requirements for office and employment. 

Sec. 497.0524. TRAINING PROGRAM. Prohibits PSPIOA members from performing
duties until the completion of a training program which is required to
provide certain information. Entitles a person appointed to PSPIOA to
travel expenses incurred in attending the training program.  

Sec. 497.0525. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. Requires
PSPIOA to develop and implement policies that separate the policymaking
responsibilities of PSPIOA and the management responsibilities of PSPIOA
staff.    

Sec. 497.0526. PUBLIC ACCESS. Requires PSPIOA to develop and implement
policies that allow for public comment on issues under PSPIOA jurisdiction.

Sec. 497.0527. COMPLAINTS. Requires PSPIOA to maintain a file, which must
include certain information, on each written complaint filed with PSPIOA.
Requires PSPIOA to provide affected parties a copy of PSPIOA policies and
procedures relating to complaint investigation and resolution.  Requires
PSPIOA to notify affected parties of the status of an investigation unless
such notice would jeopardize an undercover investigation. 

ARTICLE 3

SECTION 3.01. Amends Section 614.002, Health and Safety Code, to provide
that the Texas Council on Offenders with Mental Impairments (TCOMI) is
composed of 30, rather than 29, members. Prohibits certain persons from
being at-large members of TCOMI.  Prohibits a registered lobbyist from
membership into TCOMI.  Requires appointments to TCOMI to be made without
regard to race, color, disability, sex, religion, age, or national origin.
Sets forth grounds for removal of at-large members. Provides that the
validity of an action of TCOMI is not affected by the fact that a ground
for removal of a member of TCOMI exists.  Sets forth procedures for the
notification of the governor and attorney general of the existence of a
ground for removal.  Deletes text regarding grounds for removal.  Makes
conforming changes. 

SECTION 3.02. Amends Chapter 614, Health and Safety Code, by adding
Sections 614.003 and 614.0031, as follows: 

Sec. 614.003. INFORMATION; REQUIREMENTS FOR OFFICE OR EMPLOYMENT. Requires
the executive director of the department to inform TCOMI members and
employees of requirements for office or employment. 

Sec. 614.0031. TRAINING PROGRAM. Prohibits a TCOMI member from performing
duties before the completion of a training program that is required to
include certain information. Entitles a person appointed to TCOMI to
reimbursement of travel expenses incurred in attending the training
program.   

SECTION 3.03 Amends Section 614.005(a), Health and Safety Code, to require
the governor to appoint a TCOMI member as presiding officer. 
 
SECTION 3.04. Amends Section 614.007, Health and Safety Code, to require
TCOMI to develop and implement policies that separate the policymaking
responsibilities of TCOMI and the management responsibilities of TCOMI
staff. Makes a conforming change. 

SECTION 3.05. Amends Chapter 614, Health and Safety Code, by adding
Sections 614.010, 614.0101, and 614.0102, as follows: 

Sec. 614.010. PERSONNEL. Requires the executive director of the department
to prepare and maintain a written equal employment opportunity policy,
which must include certain information and be updated annually, reviewed by
the State Commission on Human Rights, and filed with the governor's office. 

Sec. 614.0101. PUBLIC ACCESS. Requires TCOMI to develop and implement
policies that allow for public comment on issues under TCOMI's
jurisdiction.   

Sec. 614.0102. COMPLAINTS. Requires TCOMI to maintain a file, which must
include certain information, on each written complaint filed with TCOMI.
Requires TCOMI to provide affected parties with a copy of TCOMI policies
and procedures relating to complaint investigation and resolution.
Requires TCOMI to notify affected persons of the status of an investigation
unless the notice would jeopardize an undercover investigation. 

ARTICLE 4

SECTION 4.01. Effective date: September 1, 1999.

SECTION 4.02. Emergency clause.