By West, Culberson, et al.                             H.B. No. 244
         76R2301 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a requirement that inmates of the Texas Department of
 1-3     Criminal Justice participate in work and educational programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 497, Government Code, is
 1-6     amended by adding Section 497.099 to read as follows:
 1-7           Sec. 497.099.  PARTICIPATION IN WORK PROGRAM REQUIRED.  The
 1-8     department shall require each inmate to work in an agricultural,
 1-9     industrial, or other work program, to the extent that the inmate is
1-10     physically and mentally capable of working.  The department may
1-11     waive the work requirement for an inmate as necessary to maintain
1-12     security.
1-13           SECTION 2.  Subchapter A, Chapter 501, Government Code, is
1-14     amended by adding Section 501.0051 to read as follows:
1-15           Sec. 501.0051. EDUCATION REQUIRED.  (a)  The department shall
1-16     require an inmate who does not hold a high school diploma or
1-17     general equivalency certificate to participate in available
1-18     educational programming designed to help the inmate to earn a
1-19     general equivalency certificate.
1-20           (b)  This section does not apply to an inmate confined on
1-21     death row or confined in administrative segregation or close
1-22     custody.  The department may waive the educational requirement
1-23     imposed by this section on an inmate if the department determines
1-24     that the inmate lacks the learning ability to earn a certificate.
 2-1           (c)  The department may limit participation in an educational
 2-2     program based on the capacity of the program and may assign inmates
 2-3     to participate on the basis of the inmates' release dates, using
 2-4     the department's individualized treatment plans.
 2-5           SECTION 3.  Section 497.090, Government Code, is repealed.
 2-6           SECTION 4.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended,
2-11     and that this Act take effect and be in force from and after its
2-12     passage, and it is so enacted.