1-1     By:  West, Culberson, Cuellar, et al.                  H.B. No. 244
 1-2          (Senate Sponsor - West)
 1-3           (In the Senate - Received from the House March 29, 1999;
 1-4     March 30, 1999, read first time and referred to Committee on
 1-5     Criminal Justice; May 14, 1999, reported favorably by the following
 1-6     vote:  Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to a requirement that inmates of the Texas Department of
1-10     Criminal Justice participate in work and educational programs.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter E, Chapter 497, Government Code, is
1-13     amended by adding Section 497.099 to read as follows:
1-14           Sec. 497.099.  PARTICIPATION IN WORK PROGRAM REQUIRED.  The
1-15     department shall require each inmate to work in an agricultural,
1-16     industrial, or other work program, to the extent that the inmate is
1-17     physically and mentally capable of working.  The department may
1-18     waive the work requirement for an inmate as necessary to maintain
1-19     security.
1-20           SECTION 2.  Subchapter A, Chapter 501, Government Code, is
1-21     amended by adding Section 501.0051 to read as follows:
1-22           Sec. 501.0051. EDUCATION REQUIRED.  (a)  The department shall
1-23     require an inmate who does not hold a high school diploma or
1-24     general equivalency certificate to participate in available
1-25     educational programming designed to help the inmate to earn a
1-26     general equivalency certificate.
1-27           (b)  This section does not apply to an inmate confined on
1-28     death row or confined in administrative segregation or close
1-29     custody.  The department may waive the educational requirement
1-30     imposed by this section on an inmate if the department determines
1-31     that the inmate lacks the learning ability to earn a certificate.
1-32           (c)  The department may limit participation in an educational
1-33     program based on the capacity of the program and may assign inmates
1-34     to participate on the basis of the inmates' release dates, using
1-35     the department's individualized treatment plans.
1-36           SECTION 3.  Section 497.090, Government Code, is repealed.
1-37           SECTION 4.  The importance of this legislation and the
1-38     crowded condition of the calendars in both houses create an
1-39     emergency and an imperative public necessity that the
1-40     constitutional rule requiring bills to be read on three several
1-41     days in each house be suspended, and this rule is hereby suspended,
1-42     and that this Act take effect and be in force from and after its
1-43     passage, and it is so enacted.
1-44                                  * * * * *