HBA-NIK S.B. 420 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 420
By: Shapiro
Corrections
4/16/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, there is no Texas statute that prevents inmates in the Texas
Department of Criminal Justice (department) or in a state jail facility
from participating in a prison work program that gives the inmates access
to personal information about citizens.  In the absence of such a law and
have obtained personal information regarding private citizens.  S.B. 420
prohibits the department from entering into a contract with a private
business or public entity that permits an inmate to have access to personal
information about persons not confined in the prison system. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 497, Government Code, by adding
Section 497.011, as follows: 

Sec. 497.011. CERTAIN CONTRACTS PROHIBITED.  Prohibits the Texas Department
of Criminal Justice (department) from entering into a contract with a
private business or public entity that requires or permits an inmate
confined in a correctional facility operated by or for the department to
have access to personal information about persons who are not confined in
facilities operated by or for the department. 

SECTION 2. Repealer: Sections 497.098 (Prohibition from Participation in
Certain Work Programs), 498.0041(Forfeiture for Work Program Violations),
and 507.028 (Prohibition from Participation in Certain Work Programs),
Government Code. 

SECTION 3. Repealer: Section 38.111 (Inmate Misuse of Information Gained
Through Work Program), Penal Code. 

SECTION 4. Makes application of  SECTION 1 of this Act prospective.

SECTION 5. Makes application of the repeal of Section 38.111, Penal Code of
this Act prospective. 

SECTION 6. Requires the director of the institutional division of the
department to forfeit good conduct time earned by an inmate convicted of an
offense under Section 38.111, Penal Code, regardless of whether the
conviction occurs before, on, or after the effective date of this Act, and
Section 498.0041, Government Code, is continued in effect for that purpose. 

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.