HBA-DMD S.B. 1514 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1514
By: Ogden
Corrections
5/7/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

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 correctional facilities.
S.B. 1514 allows TxDOT to contract with private correctional facilities for
the provision of inmate or probationer labor. S.B. 1514 also authorizes the
use of inmate and probationer labor for state highway system improvements.  

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 Section 223.044, Transportation Code, as follows:

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

SECTION 2. Amends Sections 223.044(a) and (b), Transportation Code, as
follows: 

(a) Authorizes the Texas Transportation Commission to authorize the Texas
Department of Transportation to contract with a criminal justice agency or
a private correctional facility for the provision of inmate labor or the
labor of persons placed on community supervision for a state highway system
improvement project. 

(b)  Provides that a contract with a criminal justice agency must be made
in conformity with Chapter 771 (Interagency Cooperation Act), Government
Code. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Amendment #1

Adds an appropriately numbered SECTION to amend Section 223.044,
Transportation Code, by adding Subsection (d), to prohibit a contract with
a private correctional facility under this section from providing for the
transfer of public funds to the private correctional facility for the use
of inmate labor. Renumbers existing SECTIONS accordingly.