By Allen H.B. No. 3247
76R2947 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of Texas Correctional Industries and
1-3 private sector prison industries.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 497.004(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) The board may develop by rule and the department may
1-8 administer an incentive pay scale for inmates who participate in
1-9 prison industries, consistent with rules adopted by the Private
1-10 Sector Prison Industries Oversight Authority under Subchapter C.
1-11 Prison industries may be financed through contributions donated for
1-12 this purpose by private businesses contracting with the department.
1-13 The department shall apportion pay earned by an inmate in the same
1-14 manner as is required by rules adopted by the Private Sector Prison
1-15 Industries Oversight Authority under Section 497.057 [497.051].
1-16 SECTION 2. Section 497.006, Government Code, is amended to
1-17 read as follows:
1-18 Sec. 497.006. CONTRACTS WITH PRIVATE BUSINESS. To encourage
1-19 the development and expansion of prison industries, the prison
1-20 industries office may enter into necessary contracts related to
1-21 the prison industries program. With the approval of the board, the
1-22 office may enter into a contract with a private business to conduct
1-23 a program on or off property operated by the department. A
1-24 contract entered into under this section must comply with the
2-1 Private Sector/Prison Industry Enhancement Certification Program
2-2 operated by the Bureau of Justice Assistance and authorized by 18
2-3 U.S.C. Section 1761. In determining under Section 497.062
2-4 [497.051] the number of inmates employed in private sector prison
2-5 industries [conditional work] programs, the department shall count
2-6 the number of inmates participating in a work program under a
2-7 contract entered into under this section. [Not more than 250
2-8 inmates may participate in work programs under contracts entered
2-9 into under this section.]
2-10 SECTION 3. Section 497.056(b), Government Code, is amended
2-11 to read as follows:
2-12 (b) The authority shall forward fees collected under this
2-13 section to the comptroller. The comptroller shall deposit the fees
2-14 to the credit of an account in the general revenue fund to be known
2-15 as the private sector prison industries oversight account. The
2-16 legislature may appropriate funds from the account only for the
2-17 purpose of paying the costs of the authority and the department in
2-18 implementing this subchapter, including the cost to the department
2-19 of paying the reimbursable expenses of authority members under
2-20 Section 497.055. At the end of each fiscal year, the comptroller
2-21 shall transfer the excess funds in the account to the state
2-22 treasury to the credit of the crime victims compensation fund.
2-23 SECTION 4. Section 497.058, Government Code, is amended to
2-24 read as follows:
2-25 Sec. 497.058. PREVAILING WAGE. (a) The authority by rule
2-26 shall require that inmate employees at each private sector prison
2-27 industries program are paid not less than the prevailing wage as
3-1 computed by the authority or as determined by the authority using
3-2 surveys[, except that the authority may permit employers to pay an
3-3 employee the minimum wage for the two-month period beginning on the
3-4 date employment begins].
3-5 (b) For the purposes of computations or determinations
3-6 required of the authority by this section:
3-7 (1) the prevailing wage is the wage paid for work of a
3-8 similar nature in the location in which the work is performed;
3-9 (2) work of a similar nature is determined by openings
3-10 and wages by occupation data collected by the economic research and
3-11 analysis department of the Texas Workforce Commission; and
3-12 (3) the location in which work is performed is the
3-13 council of government region in which the work is performed.
3-14 SECTION 5. Section 497.059, Government Code, is amended to
3-15 read as follows:
3-16 Sec. 497.059. LIMITING IMPACT ON NON-PRISON INDUSTRY. The
3-17 authority may not grant initial certification to a private sector
3-18 prison industries program if the authority determines that the
3-19 operation of the program would result in the loss of existing jobs
3-20 provided by the employer in this state. A program does not result
3-21 in the loss of existing jobs provided by the employer in this state
3-22 if, but for the existence of the program, the jobs would be filled
3-23 outside of the United States.
3-24 SECTION 6. Section 501.024, Labor Code, is amended to read
3-25 as follows:
3-26 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following
3-27 persons are excluded from coverage as an employee under this
4-1 chapter:
4-2 (1) a person performing personal services for the
4-3 state as an independent contractor or volunteer;
4-4 (2) a member of the state military forces as defined
4-5 by Section 431.001, Government Code;
4-6 (3) a person who at the time of injury was performing
4-7 services for the federal government and who is covered by some form
4-8 of federal workers' compensation insurance;
4-9 (4) a prisoner or inmate of a prison or correctional
4-10 institution, other than an inmate participating in a Texas
4-11 Correctional Industries contract described by Section 497.006,
4-12 Government Code;
4-13 (5) a client or patient of a state agency;
4-14 (6) a person employed by the Texas Department of
4-15 Transportation who is covered under Chapter 505;
4-16 (7) a person employed by The University of Texas
4-17 System who is covered by Chapter 503; and
4-18 (8) a person employed by The Texas A&M University
4-19 System who is covered by Chapter 502.
4-20 SECTION 7. Section 497.0581, Government Code, is repealed.
4-21 SECTION 8. This Act takes effect September 1, 1999.
4-22 SECTION 9. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.