SRC-SLL, DPW S.B. 1514 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1514
By: Ogden
Criminal Justice
6/29/1999
Enrolled


DIGEST 

Currently, Texas law authorizes the Texas Department of Transportation
(TxDOT) to contract with a criminal justice agency for the provision of
inmate or probationer labor for a state highway system improvement project,
but does not allow TxDOT to contract with private prisons.  This bill will
allow TxDOT to contract with private correctional facilities for the
provision of inmate or probation labor.  

PURPOSE

As enrolled, S.B. 1514 authorizes the use of inmate and probationer labor
for state highway system improvement and brush control projects. 

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 the heading of Section 223.044, Transportation Code, as
follows: 

Sec. 223.044. New heading: INMATE LABOR OR LABOR OF PERSONS PLACED ON
COMMUNITY SUPERVISION FOR IMPROVEMENT PROJECTS.  

SECTION 2. Amends Sections 223.044(a) and (b), Transportation Code, to
authorize the Texas Transportation Commission (commission) to authorize the
Texas Department of Transportation (TxDOT) to contract with a private
correctional facility for the provision of inmate labor or the labor of
persons placed on community supervision for state highway improvement
projects.  Requires a contract with a criminal justice agency to be made in
conformity with Chapter 771, Government Code.  Makes conforming changes. 

SECTION 3. Amends Section 223.044, Transportation Code, by adding
Subsection (d), to prohibit a contract with a private correctional facility
under this section from providing the transfer of public funds to the
private correctional facility for the use of inmate labor. 

SECTION 4. Amends Section 233.044, Transportation Code, by adding
Subsections (e) and (f), to authorize the commission to authorize TxDOT to
contract with the Texas Department of Criminal Justice (TDCJ) for the
provision of inmate labor or the labor of persons placed on community
supervision for a brush control project.  Authorizes the State Soil and
Water Conservation Board to enter into a contract with TDCJ for the
provision of inmate labor or the labor of persons placed on community
supervision to perform a brush control project.   

SECTION 5.Emergency clause.
  Effective date: upon passage.