By Alvarado                                            H.B. No. 104
         76R146 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reducing the recidivism rate for individuals under the
 1-3     supervision of the Texas Department of Criminal Justice.
 1-5           SECTION 1.  Section 413.022(b), Government Code, is amended
 1-6     to read as follows:
 1-7           (b)  Not later than January 1 of each odd-numbered year, the
 1-8     policy council shall submit as part of the biennial plan required
 1-9     by Section 413.015 specific findings as to the success of each
1-10     program or service described by Subsection (a)  in contributing to
1-11     the ability of inmates to reintegrate into the community after
1-12     release from imprisonment, including the ability to control
1-13     substance abuse, acquire educational degrees or certificates, find
1-14     and maintain employment, and earn a sufficient living [reducing
1-15     recidivism of inmates and accomplishing other performance
1-16     objectives of the programs and services administered by the Texas
1-17     Department of Criminal Justice programs and services division].
1-18           SECTION 2.  Section 493.0052(b), Government Code, as added by
1-19     Chapter 1360, Acts of the 75th Legislature, 1997, is amended to
1-20     read as follows:
1-21           (b)  The board shall determine which programs and services
1-22     operating under the authority of the department are designed for
1-23     the primary purpose of rehabilitating inmates and shall designate
1-24     those programs and services as programs and services provided under
 2-1     the direction of the programs and services division.  The
 2-2     designated programs and services shall include:
 2-3                 (1)  substance abuse treatment and sex offender
 2-4     treatment programs;
 2-5                 (2)  pre-parole, prerelease, work release, and
 2-6     correctional industries programs; and
 2-7                 (3)  educational and rehabilitative programs operated
 2-8     by the Windham School District.
 2-9           SECTION 3.  Section 497.002(a), Government Code, is amended
2-10     to read as follows:
2-11           (a)  The primary purpose [purposes] of the office is [are] to
2-12     implement this subchapter and Subchapter B to[:]
2-13                 [(1)]  provide adequate, regular, and suitable
2-14     employment for the vocational training and rehabilitation of
2-15     inmates, consistent with proper correctional purposes, and to
2-16     successfully reintegrate inmates into the community after release
2-17     from imprisonment.  Secondary purposes of the office are to
2-18     implement this subchapter and Subchapter B to:
2-19                 (1) [; (2)]  use the labor of inmates for
2-20     self-maintenance;
2-21                 (2) [(3)]  reimburse the state for expenses caused by
2-22     the crimes of inmates and the cost of their imprisonment;
2-23                 (3) [(4)]  provide for the requisition and disbursement
2-24     of department articles and products through established state
2-25     authorities to eliminate the possibility of unlawful private profit
2-26     from the distribution of those articles and products;
2-27                 (4) [(5)]  provide materials, products, or articles for
 3-1     sale to the public, to private enterprises, or to agencies of the
 3-2     state or political subdivisions of the state; and
 3-3                 (5) [(6)]  develop and expand public and private prison
 3-4     industry operations.
 3-5           SECTION 4.  Section 497.004(c), Government Code, is amended
 3-6     to read as follows:
 3-7           (c)  In assigning inmates to available job training positions
 3-8     in prison factories, the department shall give preference to
 3-9     inmates who are within three years of release, as determined under
3-10     Subchapter E, Chapter 508 [consider each inmate's needs and
3-11     projected release date].
3-12           SECTION 5.  Subchapter C, Chapter 2162, Government Code, is
3-13     amended by adding Section 2162.106 to read as follows:
3-14           Sec. 2162.106.  REVIEW OF TEXAS CORRECTIONAL INDUSTRIES.  (a)
3-15     The council shall conduct a comprehensive review of services
3-16     provided by Texas Correctional Industries under Chapter 497 to
3-17     determine if those services may be better provided by selecting
3-18     service providers through competition with other state agency
3-19     providers of the services or through private commercial sources.
3-20     The review shall focus on the most effective way to capture the
3-21     business of state and local governmental entities and public and
3-22     private educational institutions while maintaining the primary
3-23     purpose of providing inmates with effective job training.
3-24           (b)  If the council determines that a service provided by
3-25     Texas Correctional Industries may be better provided by selecting
3-26     the service provider through competition, the council shall require
3-27     Texas Correctional Industries to engage in any process developed by
 4-1     the council to select a service provider through competition with
 4-2     other state agency providers of the service or through private
 4-3     commercial sources.
 4-4           SECTION 6.  (a)  Except as otherwise provided by this
 4-5     section, this Act takes effect September 1, 1999.
 4-6           (b)  The Criminal Justice Policy Council shall submit the
 4-7     first biennial report required by Section 413.022, Government Code,
 4-8     as amended by this Act, on or before January 1, 2003.
 4-9           (c)  The Texas Board of Criminal Justice shall complete the
4-10     designation of programs and services required by Section
4-11     493.0052(b), Government Code, as amended by this Act, not later
4-12     than September 1, 2000.
4-13           (d)  The State Council on Competitive Government shall
4-14     complete the review required by Section 2162.106(a), Government
4-15     Code, as added by this Act, not later than September 1, 2000.
4-16           SECTION 7.  The importance of this legislation and the
4-17     crowded condition of the calendars in both houses create an
4-18     emergency and an imperative public necessity that the
4-19     constitutional rule requiring bills to be read on three several
4-20     days in each house be suspended, and this rule is hereby suspended.