76R14675 GWK-D
By Brown S.B. No. 365
Substitute the following for S.B. No. 365:
By Haggerty C.S.S.B. No. 365
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and the functions of the Texas
1-3 Department of Criminal Justice, the administration of the Private
1-4 Sector Prison Industries Oversight Authority, and the
1-5 administration of the Texas Council on Offenders with Mental
1-6 Impairments.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1
1-9 SECTION 1.01. Section 492.003, Government Code, is amended
1-10 to read as follows:
1-11 Sec. 492.003. ELIGIBILITY FOR MEMBERSHIP; REMOVAL.
1-12 (a) Each member of the board must be representative of the general
1-13 public. A person is not eligible for appointment as member if the
1-14 person or the person's spouse:
1-15 (1) is a person, other than a judge participating in
1-16 the management of a community supervision and corrections
1-17 department, who is employed by or participates in the management of
1-18 a business entity or other organization regulated by the department
1-19 or receiving funds from the department;
1-20 (2) owns, or controls directly or indirectly, more
1-21 than a 10 percent interest in a business entity or other
1-22 organization regulated by the department or receiving funds from
1-23 the department; or
1-24 (3) uses or receives a substantial amount of tangible
2-1 goods, services, or funds from the department, other than
2-2 compensation or reimbursement authorized by law for board
2-3 membership, attendance, or expenses.
2-4 (b) In [An employee or paid officer or consultant of a trade
2-5 association in the field of criminal justice may not be a member or
2-6 employee of the board. A person who is the spouse of any employee
2-7 or paid consultant of a trade association in the field of criminal
2-8 justice may not be a member of the board and may not be an
2-9 employee, including an employee exempt from the state's
2-10 classification plan, who is compensated at or above the amount
2-11 prescribed by the General Appropriations Act for step 1, salary
2-12 group 17, of the position classification salary schedule. For the
2-13 purposes of] this section, "Texas trade association" means a [trade
2-14 association is a nonprofit,] cooperative[,] and voluntarily joined
2-15 association of business or professional competitors in this state
2-16 designed to assist its members and its industry or profession in
2-17 dealing with mutual business or professional problems and in
2-18 promoting their common interests.
2-19 (c) A person may not be a member of the board and may not be
2-20 a department employee employed in a "bona fide executive,
2-21 administrative, or professional capacity," as that phrase is used
2-22 for purposes of establishing an exemption to the overtime
2-23 provisions of the federal Fair Labor Standards Act of 1938 (29
2-24 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-25 (1) the person is an officer, employee, or paid
2-26 consultant of a Texas trade association in the field of criminal
2-27 justice; or
3-1 (2) the person's spouse is an officer, manager, or
3-2 paid consultant of a Texas trade association in the field of
3-3 criminal justice.
3-4 (d) A person who is required to register as a lobbyist under
3-5 Chapter 305 because [by virtue] of the person's activities for
3-6 compensation in or on behalf of a profession related to the
3-7 operation of the board[,] may not serve as a member of the board or
3-8 act as the general counsel to the board or the department.
3-9 (e) [(d)] Appointments to the board shall be made without
3-10 regard to the race, color, disability [handicap], sex, religion,
3-11 age, or national origin of the appointees.
3-12 (f) [(e)] It is a ground for removal from the board if a
3-13 member:
3-14 (1) does not have at the time of taking office
3-15 [appointment] the qualifications required by Subsection (a) for
3-16 appointment to the board;
3-17 (2) does not maintain during the member's service on
3-18 the board the qualifications required by Subsection (a) for
3-19 appointment to the board;
3-20 (3) is ineligible for membership under Subsection (c)
3-21 or (d) [violates a prohibition established by Subsection (b) or
3-22 (c)];
3-23 (4) is unable to discharge the member's duties for a
3-24 substantial part of the term for which the member was appointed
3-25 because of illness or disability; or
3-26 (5) is absent from more than half of the regularly
3-27 scheduled board meetings that the member is eligible to attend
4-1 during each calendar year or is absent from more than two
4-2 consecutive regularly scheduled board meetings that the member is
4-3 eligible to attend, except when the absence is excused by majority
4-4 vote of the board.
4-5 (g) [(f)] The validity of an action of the board is not
4-6 affected by the fact that it was taken when a ground for removal of
4-7 a member of the board existed.
4-8 (h) [(g)] If the executive director has knowledge that a
4-9 potential ground for removal exists, the director shall notify the
4-10 chairman of the board of the ground. The chairman shall then
4-11 notify the governor and the attorney general that a potential
4-12 ground for removal exists. If the potential ground for removal
4-13 involves the chairman, the executive director shall notify the next
4-14 highest ranking officer of the board, who shall then notify the
4-15 governor and the attorney general that a potential ground for
4-16 removal exists.
4-17 SECTION 1.02. Chapter 492, Government Code, is amended by
4-18 adding Section 492.0031 to read as follows:
4-19 Sec. 492.0031. TRAINING PROGRAM FOR MEMBERS. (a) A person
4-20 who is appointed to and qualifies for office as a member of the
4-21 board may not vote, deliberate, or be counted as a member in
4-22 attendance at a meeting of the board until the person completes a
4-23 training program that complies with this section.
4-24 (b) The training program must provide the person with
4-25 information regarding:
4-26 (1) the legislation that created the department and
4-27 the board;
5-1 (2) the programs operated by the department;
5-2 (3) the role and functions of the department;
5-3 (4) the rules of the department, with an emphasis on
5-4 the rules that relate to disciplinary and investigatory authority;
5-5 (5) the current budget for the department;
5-6 (6) the results of the most recent formal audit of the
5-7 department;
5-8 (7) the requirements of:
5-9 (A) the open meetings law, Chapter 551;
5-10 (B) the public information law, Chapter 552;
5-11 (C) the administrative procedure law, Chapter
5-12 2001; and
5-13 (D) other laws relating to public officials,
5-14 including conflict of interest laws; and
5-15 (8) any applicable ethics policies adopted by the
5-16 department or the Texas Ethics Commission.
5-17 (c) A person appointed to the board is entitled to
5-18 reimbursement, as provided by the General Appropriations Act, for
5-19 the travel expenses incurred in attending the training program
5-20 regardless of whether the attendance at the program occurs before
5-21 or after the person qualifies for office.
5-22 SECTION 1.03. Section 492.004, Government Code, is amended
5-23 to read as follows:
5-24 Sec. 492.004. NOTICE OF QUALIFICATIONS, RESPONSIBILITIES.
5-25 The executive director or the executive director's designee shall
5-26 provide to members of the board and to agency employees, [board
5-27 shall inform its members] as often as necessary, information
6-1 regarding requirements for office or employment under this
6-2 subtitle, including information regarding a person's [of:]
6-3 [(1) the qualifications for office prescribed by this
6-4 chapter; and]
6-5 [(2) their] responsibilities under applicable law
6-6 relating to standards of conduct for state officers or employees.
6-7 SECTION 1.04. Section 492.006, Government Code, is amended
6-8 to read as follows:
6-9 Sec. 492.006. BOARD MEETINGS. (a) The board shall meet at
6-10 least once in each quarter of the calendar year at a site
6-11 determined by the chairman. [The chairman shall provide the
6-12 chairman of the Legislative Criminal Justice Board with notice of
6-13 the board's regularly scheduled meetings and facilitate the
6-14 attendance of the Legislative Criminal Justice Board at the
6-15 regularly scheduled meetings.]
6-16 (b) The board may meet at other times at the call of the
6-17 chairman or as provided by the rules of the board.
6-18 (c) At each regularly scheduled meeting of the board, the
6-19 board shall allow:
6-20 (1) the presiding officer of the Board of Pardons and
6-21 Paroles or a designee of the presiding officer to present to the
6-22 board any item relating to the operation of the parole system
6-23 determined by the presiding officer to require the board's
6-24 consideration; and
6-25 (2) the chairman of the judicial advisory council to
6-26 the community justice assistance division and to the board to
6-27 present to the board any item relating to the operation of the
7-1 community justice system determined by the chairman to require the
7-2 board's consideration.
7-3 SECTION 1.05. Section 492.012, Government Code, is amended
7-4 to read as follows:
7-5 Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal
7-6 Justice and the Texas Department of Criminal Justice are subject to
7-7 Chapter 325 (Texas Sunset Act). Unless continued in existence as
7-8 provided by that chapter, the board and the department are
7-9 abolished September 1, 2011 [1999].
7-10 SECTION 1.06. Section 492.013, Government Code, is amended
7-11 to read as follows:
7-12 Sec. 492.013. GENERAL POWERS AND DUTIES OF BOARD. (a) The
7-13 board may adopt rules as necessary for its own procedures and for
7-14 operation of the department.
7-15 (b) The board shall employ an executive director. The board
7-16 shall supervise the executive director's administration of the
7-17 department.
7-18 (c) The board shall approve the operating budget of the
7-19 department and the department's request for appropriations.
7-20 (d) The board shall appoint the members of any advisory
7-21 committees to the department.
7-22 (e) [The board shall provide to the employees of the
7-23 department, as often as is necessary, information regarding their
7-24 qualifications for employment and their responsibilities under
7-25 applicable laws relating to standards of conduct for state
7-26 employees.]
7-27 [(f)] The board shall develop and implement policies that
8-1 clearly separate the policymaking [define the respective]
8-2 responsibilities of the board and the management responsibilities
8-3 of the executive director and the staff of the department.
8-4 (f) [(g)] The board may apply for and accept gifts or grants
8-5 from any public or private source for use in maintaining and
8-6 improving correctional programs and services.
8-7 SECTION 1.07. Chapter 492, Government Code, is amended by
8-8 adding Section 492.0131 to read as follows:
8-9 Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The
8-10 board and the Board of Pardons and Paroles Policy Board shall
8-11 jointly review all rules, policies, and procedures of the
8-12 department and the Board of Pardons and Paroles that relate to or
8-13 affect the operation of the parole process. The board and the
8-14 policy board shall identify areas of inconsistency between the
8-15 department and the Board of Pardons and Paroles and shall amend
8-16 rules or change policies and procedures as necessary for consistent
8-17 operation of the parole process.
8-18 SECTION 1.08. Section 493.001, Government Code, is amended
8-19 to read as follows:
8-20 Sec. 493.001. DEPARTMENT MISSION. The mission of the
8-21 department is to provide public safety, promote positive change in
8-22 offender behavior, [and] reintegrate offenders into society, and
8-23 assist victims of crime.
8-24 SECTION 1.09. Chapter 493, Government Code, is amended by
8-25 adding Section 493.0021 to read as follows:
8-26 Sec. 493.0021. ORGANIZATIONAL FLEXIBILITY.
8-27 (a) Notwithstanding Sections 493.002, 493.003, 493.004, 493.005,
9-1 493.0051, 493.0052, as added by Chapter 1360, Acts of the 75th
9-2 Legislature, Regular Session, 1997, and 493.0052, as added by
9-3 Chapter 490, Acts of the 75th Legislature, Regular Session, 1997,
9-4 the executive director, with the approval of the board, may:
9-5 (1) create divisions in addition to those listed in
9-6 Section 493.002 and assign to the newly created divisions any
9-7 duties and powers imposed on or granted to an existing division or
9-8 to the department generally;
9-9 (2) eliminate any division listed in Section 493.002
9-10 or created under this section and assign any duties or powers
9-11 previously assigned to the eliminated division to another division
9-12 listed in Section 493.002 or created under this section; or
9-13 (3) eliminate all divisions listed in Section 493.002
9-14 or created under this section and reorganize the distribution of
9-15 powers and duties granted to or imposed on a division in any manner
9-16 the executive director determines is best for the proper
9-17 administration of the department.
9-18 (b) The executive director may not take an action under this
9-19 section with potential impact on the administration of community
9-20 corrections programs by community supervision and corrections
9-21 departments without requesting and considering comments from the
9-22 judicial advisory council to the community justice assistance
9-23 division of the Texas Department of Criminal Justice and the Texas
9-24 Board of Criminal Justice as to the effect of the proposed action.
9-25 SECTION 1.10. Section 493.007, Government Code, is amended
9-26 to read as follows:
9-27 Sec. 493.007. PERSONNEL. (a) [Each division director shall
10-1 hire the employees for the director's division.]
10-2 [(b)] The executive director shall develop an intraagency
10-3 career ladder program. The program shall require intraagency
10-4 postings of all nonentry level positions concurrently with any
10-5 public postings.
10-6 (b) [(c)] The executive director shall develop a system of
10-7 annual performance evaluations. All merit pay for department
10-8 employees must be based on the system established under this
10-9 subsection.
10-10 (c) [(d)] The executive director or the executive director's
10-11 designee shall prepare and maintain a written policy statement that
10-12 implements [to assure implementation of] a program of equal
10-13 employment opportunity to ensure that [under which] all personnel
10-14 decisions [transactions] are made without regard to race, color,
10-15 disability [handicap], sex, religion, age, or national origin. The
10-16 policy statement must include:
10-17 (1) personnel policies, including policies related to
10-18 recruitment, evaluation, selection, [appointment,] training, and
10-19 promotion of personnel that show the intent of the department to
10-20 avoid the unlawful employment practices described by Chapter 21,
10-21 Labor Code; and
10-22 (2) an [a comprehensive] analysis of the extent to
10-23 which the composition of the department's personnel is in
10-24 accordance with state and federal law and [department work force
10-25 that meets federal and state guidelines;]
10-26 [(3) procedures by which a determination can be made
10-27 of significant underutilization in the department work force of all
11-1 persons for whom federal or state guidelines encourage a more
11-2 equitable balance; and]
11-3 [(4)] reasonable methods to achieve compliance with
11-4 state and federal law [appropriately address those areas of
11-5 significant underutilization].
11-6 (d) [(e)] A policy statement [prepared under Subsection (d)]
11-7 must:
11-8 (1) [cover an annual period,] be updated at least
11-9 annually;
11-10 (2) be reviewed by the state Commission on Human
11-11 Rights for compliance with Subsection (c)(1);[,] and
11-12 (3) be filed with the governor's office.
11-13 [(f) The governor's office shall deliver a biennial report
11-14 to the legislature based on the information received under
11-15 Subsection (e). The report may be made separately or as a part of
11-16 other biennial reports made to the legislature.]
11-17 SECTION 1.11. Section 493.016, Government Code, is amended
11-18 to read as follows:
11-19 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
11-20 (a) The department shall prepare information of public interest
11-21 describing the functions of the department and the procedures by
11-22 which complaints are filed with and resolved by the department.
11-23 The department shall make the information available to the general
11-24 public and appropriate state agencies.
11-25 (b) The department shall establish methods by which
11-26 interested persons are notified of the name, mailing address, and
11-27 telephone number of the department for the purpose of directing
12-1 complaints to the department.
12-2 (c) The department shall keep an information file on [about]
12-3 each written complaint filed with the department by a member of the
12-4 general public that relates to the operations of the department.
12-5 The file must include:
12-6 (1) the name of the person who filed the complaint;
12-7 (2) the date the complaint is received by the
12-8 department;
12-9 (3) the subject matter of the complaint;
12-10 (4) the name of each person contacted in relation to
12-11 the complaint;
12-12 (5) a summary of the results of the review or
12-13 investigation of the complaint; and
12-14 (6) an explanation of the reason the file was closed,
12-15 if the agency closed the file without taking action other than to
12-16 investigate the complaint.
12-17 (d) The department shall provide a written copy of the
12-18 department's policies and procedures relating to complaint
12-19 investigation and resolution to:
12-20 (1) all department employees; and
12-21 (2) each person filing a complaint.
12-22 (e) The [If a written complaint is filed with the department
12-23 by a member of the general public that relates to the operations of
12-24 the department, the] department, at least [as frequently as]
12-25 quarterly [and] until final disposition of the complaint, shall
12-26 notify the person filing the complaint [complainant] of the status
12-27 of the investigation [complaint] unless the notice would jeopardize
13-1 an undercover investigation.
13-2 SECTION 1.12. Subdivision (2), Subsection (b), Section
13-3 497.001, Government Code, is amended to read as follows:
13-4 (2) "Articles and products" includes [include]
13-5 services provided through the use of work program participant
13-6 [inmate] labor.
13-7 SECTION 1.13. Subsection (b), Section 497.001, Government
13-8 Code, is amended by adding Subdivision (3) to read as follows:
13-9 (3) "Work program participant" means a person who:
13-10 (A) is an inmate confined in a facility operated
13-11 by or under contract with the department or a defendant or releasee
13-12 housed in a facility operated by or under contract with the
13-13 department; and
13-14 (B) works at a job assigned by the office.
13-15 SECTION 1.14. Subsection (a), Section 497.002, Government
13-16 Code, is amended to read as follows:
13-17 (a) The purposes of the office are to implement this
13-18 subchapter and Subchapter B to:
13-19 (1) provide work program participants with marketable
13-20 job skills to help reduce recidivism through a coordinated program
13-21 of job skills training, documentation of work history, and access
13-22 to resources provided by Project RIO and the Texas Workforce
13-23 Commission; and [adequate, regular, and suitable employment for the
13-24 vocational training and rehabilitation of inmates, consistent with
13-25 proper correctional purposes;]
13-26 (2) reduce department costs by providing products and
13-27 articles for the department and providing [use the labor of inmates
14-1 for self-maintenance;]
14-2 [(3) reimburse the state for expenses caused by the
14-3 crimes of inmates and the cost of their imprisonment;]
14-4 [(4) provide for the requisition and disbursement of
14-5 department articles and products through established state
14-6 authorities to eliminate the possibility of unlawful private profit
14-7 from the distribution of those articles and products;]
14-8 [(5) provide materials,] products[,] or articles for
14-9 sale on a for-profit basis to the public[, to private enterprises,]
14-10 or to agencies of the state or political subdivisions of the
14-11 state[; and]
14-12 [(6) develop and expand public and private prison
14-13 industry operations].
14-14 SECTION 1.15. Subsection (c), Section 497.003, Government
14-15 Code, is amended to read as follows:
14-16 (c) The prison industries advisory committee shall advise
14-17 the board on all aspects of prison industry operations[,] and shall
14-18 make recommendations to the board on the effective use of prison
14-19 industries programs to assist work program participants [inmates]
14-20 in the development of job skills necessary for successful
14-21 reintegration into the community after release from imprisonment.
14-22 SECTION 1.16. Section 497.004, Government Code, is amended
14-23 to read as follows:
14-24 Sec. 497.004. [INMATE] LABOR, PAY. (a) [The department
14-25 shall use inmate labor in prison industries to the greatest extent
14-26 feasible and shall develop and expand prison industries by pursuing
14-27 arrangements with business for the use of inmate labor.]
15-1 [(b)] The board may develop by rule and the department may
15-2 administer an incentive pay scale for work program participants
15-3 consistent with rules adopted by the Private Sector Prison
15-4 Industries Oversight Authority under Subchapter C [inmates who
15-5 participate in prison industries]. Prison industries may be
15-6 financed through contributions donated for this purpose by private
15-7 businesses contracting with the department. The department shall
15-8 apportion pay earned by a work program participant [an inmate] in
15-9 the same manner as is required by rules adopted by the Private
15-10 Sector Prison Industries Oversight Authority under Section 497.0581
15-11 [497.051].
15-12 (b) [(c)] In assigning work program participants [inmates]
15-13 to available job training positions in [prison] factories, the
15-14 department shall consider each participant's classification and
15-15 availability for work. The department shall give priority to work
15-16 program participants closest to release from imprisonment or
15-17 supervision in making assignment to those job training positions
15-18 that provide the most marketable skills [inmate's needs and
15-19 projected release date].
15-20 SECTION 1.17. Section 497.005, Government Code, is amended
15-21 to read as follows:
15-22 Sec. 497.005. INDUSTRIAL RECEIPTS [REVOLVING ACCOUNT].
15-23 [(a) The legislature may appropriate money to an industrial
15-24 revolving account in the general revenue fund.]
15-25 [(b) The office shall administer the industrial revolving
15-26 account.]
15-27 [(c)] The office may use money appropriated to the office in
16-1 amounts corresponding to receipts from the sale of articles and
16-2 products under this subchapter and Subchapter B [in the industrial
16-3 revolving account] to purchase real property, erect buildings,
16-4 improve facilities, buy equipment and tools, install or replace
16-5 equipment, buy industrial raw materials and supplies, and pay for
16-6 other necessary expenses for the administration of this subchapter
16-7 and Subchapter B.
16-8 [(d) The office shall remit money received from the sale of
16-9 articles and products produced under this subchapter and Subchapter
16-10 B to the comptroller to be deposited in the industrial revolving
16-11 account.]
16-12 [(e) When the governor and the Legislative Budget Board
16-13 determine that the industrial revolving account contains money in
16-14 an amount that exceeds the amount necessary for the administration
16-15 of this subchapter and Subchapter B, the governor and the
16-16 Legislative Budget Board shall certify that fact to the
16-17 comptroller, who shall transfer the excess amount to the
16-18 unobligated portion of the general revenue fund.]
16-19 [(f) Section 403.095, Government Code, does not apply to the
16-20 industrial revolving account.]
16-21 SECTION 1.18. Section 497.006, Government Code, is amended
16-22 to read as follows:
16-23 Sec. 497.006. CONTRACTS WITH PRIVATE BUSINESS. To encourage
16-24 the development and expansion of prison industries, the prison
16-25 industries office may enter into necessary contracts related to the
16-26 prison industries program. With the approval of the board, the
16-27 office may enter into a contract with a private business to conduct
17-1 a program on or off property operated by the department. A
17-2 contract entered into under this section must comply with the
17-3 Private Sector/Prison Industry Enhancement Certification Program
17-4 operated by the Bureau of Justice Assistance and authorized by 18
17-5 U.S.C. Section 1761. In determining under Section 497.062
17-6 [497.051] the number of participants participating [inmates
17-7 employed] in private sector prison industries [conditional work]
17-8 programs, the department shall count the number of work program
17-9 participants [inmates] participating in a [work] program under a
17-10 contract entered into under this section. Not more than 500 work
17-11 program participants [250 inmates] may participate in [work]
17-12 programs under contracts entered into under this section.
17-13 SECTION 1.19. Section 497.007, Government Code, is amended
17-14 to read as follows:
17-15 Sec. 497.007. GRANTS. The office may accept any grant
17-16 designated for work program participant [inmate] vocational
17-17 rehabilitation. The office shall maintain records relating to the
17-18 receipt and disbursement of grant funds[,] and shall annually
17-19 report to the board on the administration of grant funds.
17-20 SECTION 1.20. Section 497.009, Government Code, is amended
17-21 to read as follows:
17-22 Sec. 497.009. CERTIFICATION FOR FRANCHISE TAX CREDIT. The
17-23 department or the office on behalf of the department shall prepare
17-24 and issue a certification that a corporation requires to establish
17-25 eligibility for the franchise tax credit for wages paid to work
17-26 program participants [inmates] or employees who were work program
17-27 participants [inmates] under Subchapter L, Chapter 171, Tax Code.
18-1 SECTION 1.21. Subsection (a), Section 497.025, Government
18-2 Code, is amended to read as follows:
18-3 (a) An agency of the state that purchases articles and
18-4 products under this subchapter must requisition the purchase
18-5 through the General Services Commission except for purchases of
18-6 articles or products not included in an established contract. The
18-7 purchase of articles or products not included in an established
18-8 contract and that do not exceed the dollar limits established under
18-9 Section 2155.132 may be acquired directly from the office on the
18-10 agency's obtaining an informal or a formal quotation for the item
18-11 and issuing a proper purchase order to the office. The General
18-12 Services Commission and the department shall enter into an
18-13 agreement to expedite the process by which agencies are required to
18-14 requisition purchases of articles or products through the
18-15 commission.
18-16 SECTION 1.22. Subsection (b), Section 497.051, Government
18-17 Code, is amended to read as follows:
18-18 (b) In this subchapter:
18-19 (1) "Authority"[, "authority"] means the Private
18-20 Sector Prison Industries Oversight Authority.
18-21 (2) "Participant" means a participant in a private
18-22 sector prison industries program.
18-23 SECTION 1.23. (a) Section 497.052, Government Code, is
18-24 amended by amending Subsection (a) and adding Subsection (c) to
18-25 read as follows:
18-26 (a) The authority is composed of nine members appointed by
18-27 the governor:
19-1 (1) one of whom is representative of organized labor;
19-2 (2) one of whom is representative of employers;
19-3 (3) one of whom is representative of groups advocating
19-4 the rights of victims of criminal offenses;
19-5 (4) one of whom is representative of groups advocating
19-6 the rights of inmates;
19-7 (5) one of whom is experienced in the field of
19-8 vocational rehabilitation; and
19-9 (6) four [one of whom is an employer in the private
19-10 sector prison industries program that is certified as in compliance
19-11 with the federal prison enhancement certification program
19-12 established under 18 U.S.C. Section 1761; and]
19-13 [(7) three] of whom are public members.
19-14 (c) The governor shall appoint as an employer liaison to the
19-15 authority one person who is an employer in the private sector
19-16 prison industries program that is certified as in compliance with
19-17 the federal prison enhancement certification program established
19-18 under 18 U.S.C. Section 1761. The employer liaison is entitled to
19-19 attend meetings of the authority and offer advice to the authority
19-20 from the perspective of a prison industries employer. The employer
19-21 liaison serves at the pleasure of the governor, is not entitled to
19-22 vote on any issue considered by the authority, and is entitled to
19-23 reimbursement for travel expenses in the same manner as is a member
19-24 of the authority under Section 497.055.
19-25 (b) On or before January 1, 2000, the governor shall appoint
19-26 a new public member to the Private Sector Prison Industries
19-27 Oversight Authority. The member of the authority serving as an
20-1 employer in the private sector prison industries program ceases to
20-2 serve as a member of the authority on the appointment of the new
20-3 public member, and the term of the new public member expires on the
20-4 date the term of the employer in the industries program would have
20-5 expired had that member remained on the authority.
20-6 SECTION 1.24. Section 497.056(b), Government Code, is
20-7 amended to read as follows:
20-8 (b) The authority shall forward fees collected under this
20-9 section to the comptroller. The comptroller shall deposit the fees
20-10 to the credit of an account in the general revenue fund to be known
20-11 as the private sector prison industries oversight account. The
20-12 legislature may appropriate funds from the account only for the
20-13 purpose of paying the costs of the authority and the department in
20-14 implementing this subchapter, including the cost to the department
20-15 of paying the reimbursable expenses of authority members under
20-16 Section 497.055 and the employer liaison as provided by Section
20-17 497.052(c). At the end of each fiscal year, the comptroller shall
20-18 transfer the excess funds in the account to the state treasury to
20-19 the credit of the crime victims compensation fund.
20-20 SECTION 1.25. Section 497.058, Government Code, is amended
20-21 to read as follows:
20-22 Sec. 497.058. PREVAILING WAGE. (a) The authority by rule
20-23 shall require that participants [inmate employees] at each private
20-24 sector prison industries program be [are] paid not less than the
20-25 prevailing wage as computed by the authority, except that the
20-26 authority may permit employers to pay a participant [an employee]
20-27 the minimum wage for the two-month period beginning on the date
21-1 participation [employment] begins.
21-2 (b) For the purposes of computations required by this
21-3 section:
21-4 (1) the prevailing wage is the wage paid by the
21-5 employer for work of a similar nature in the location in which the
21-6 work is performed;
21-7 (2) in the event that the employer has no employees
21-8 other than those employed under this subchapter performing work of
21-9 a similar nature within the location, the prevailing wage for work
21-10 of a similar nature is determined by reference to openings and
21-11 wages by occupation data collected by the labor market information
21-12 [economic research and analysis] department of the Texas Workforce
21-13 Commission; and
21-14 (3) the location in which work is performed is the
21-15 local workforce development area [council of government region] in
21-16 which the work is performed.
21-17 SECTION 1.26. Section 497.0581, Government Code, is amended
21-18 to read as follows:
21-19 Sec. 497.0581. PARTICIPANT [INMATE] CONTRIBUTIONS. The
21-20 authority by rule shall require a participant [an inmate] to
21-21 contribute a percentage of the wages received by the participant
21-22 [inmate] under this subchapter to be deposited in the private
21-23 sector prison industries oversight account. In establishing the
21-24 percentage of the wages required to be contributed by participants
21-25 [inmates] under this section, the authority shall ensure that the
21-26 percentage does not place the private sector prison industries
21-27 programs in the department in noncompliance with the federal prison
22-1 enhancement certification program established under 18 U.S.C.
22-2 Section 1761.
22-3 SECTION 1.27. Section 497.059, Government Code, is amended
22-4 to read as follows:
22-5 Sec. 497.059. LIMITING IMPACT ON NON-PRISON INDUSTRY. (a)
22-6 The authority may not grant initial certification to a private
22-7 sector prison industries program if the authority determines that
22-8 the operation of the program would result in the loss of existing
22-9 jobs provided by the employer in this state.
22-10 (b) The authority shall adopt rules to determine whether a
22-11 program would cause the loss of existing jobs provided by the
22-12 employer in this state.
22-13 SECTION 1.28. Section 497.060, Government Code, is amended
22-14 to read as follows:
22-15 Sec. 497.060. WORKERS' COMPENSATION. The authority by rule
22-16 shall require private sector prison industries program employers to
22-17 meet or exceed all federal requirements for providing compensation
22-18 to participants [inmates] injured while working.
22-19 SECTION 1.29. Section 497.061, Government Code, is amended
22-20 to read as follows:
22-21 Sec. 497.061. RECIDIVISM STUDIES. The authority, with the
22-22 cooperation of the Criminal Justice Policy Council, shall gather
22-23 data to determine whether participation in a private sector prison
22-24 industries program is a factor that reduces recidivism among
22-25 participants [inmates].
22-26 SECTION 1.30. Section 497.062, Government Code, is amended
22-27 to read as follows:
23-1 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS. The
23-2 authority may certify any number of private sector prison
23-3 industries programs that meet or exceed the requirements of federal
23-4 law and the rules of the authority, but in no event may the
23-5 authority permit more than 2,000 participants [1,500 inmates to
23-6 participate] in the program at any one time.
23-7 SECTION 1.31. Subsection (a), Section 497.094, Government
23-8 Code, is amended to read as follows:
23-9 (a) The department shall implement a job training program
23-10 [programs] for each job performed by an inmate [inmates] confined
23-11 in a facility [facilities] operated by or under contract with the
23-12 department or a defendant or releasee housed in a facility operated
23-13 by or under contract with the department and monitor the success of
23-14 those programs. The department shall also establish a permanent
23-15 record for each inmate, defendant, or releasee. The record must
23-16 describe the types of job training provided to the inmate,
23-17 defendant, or releasee by the department. On release from
23-18 imprisonment or supervision, the department shall provide the
23-19 inmate, defendant, or releasee with a copy of the record. The
23-20 department shall collect information relating to the employment
23-21 histories of inmates released from the institutional division on
23-22 parole and mandatory supervision.
23-23 SECTION 1.32. Section 497.095, Government Code, is amended
23-24 to read as follows:
23-25 Sec. 497.095. INMATE'S WORK RECORD. The department
23-26 [institutional division] shall establish a permanent record for
23-27 each inmate confined, and for each defendant or releasee housed, in
24-1 a facility operated by or under contract with the department [in
24-2 the division] who participates in a department work [an on-the-job
24-3 training] program [of the division]. The record must describe the
24-4 type or types of work performed by the inmate, defendant, or
24-5 releasee during the person's [inmate's] confinement or supervision
24-6 and must contain evaluations of the performance of and [inmate's]
24-7 proficiency at tasks assigned and a record of the [inmate's]
24-8 attendance at work by the inmate, defendant, or releasee. On
24-9 release from imprisonment or supervision, the department shall
24-10 provide the [institutional division, an] inmate, defendant, or
24-11 releasee with [is entitled to] a copy of a record made by the
24-12 department [division] under this section.
24-13 SECTION 1.33. Subchapter E, Chapter 497, Government Code, is
24-14 amended by adding Section 497.099 to read as follows:
24-15 Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. The
24-16 department shall require each inmate and each defendant or releasee
24-17 housed in a facility operated by or under contract with the
24-18 department to work in an agricultural, industrial, or other work
24-19 program to the extent that the inmate, defendant, or releasee is
24-20 physically and mentally capable of working. The department may
24-21 waive the work requirement for an inmate, defendant, or releasee as
24-22 necessary to maintain security or to permit the inmate, defendant,
24-23 or releasee to participate in rehabilitative programming.
24-24 SECTION 1.34. (a) Subsection (a), Section 498.003,
24-25 Government Code, is amended to read as follows:
24-26 (a) Good conduct time applies only to eligibility for parole
24-27 or mandatory supervision as provided by Section 508.145 or 508.147
25-1 and does not otherwise affect an inmate's term. Good conduct time
25-2 is a privilege and not a right. Regardless of the classification
25-3 of an inmate, the department may grant good conduct time to the
25-4 inmate only if the department finds that the inmate is actively
25-5 engaged in an agricultural, vocational, or educational endeavor,
25-6 [or] in an industrial program or other work program, or in a
25-7 treatment program, unless the department finds that the inmate is
25-8 not capable of participating in such a program or [an] endeavor.
25-9 (b) Subsection (f), Section 498.003, Government Code, is
25-10 repealed.
25-11 (c) The change in law to Section 498.003, Government Code,
25-12 made by this section applies to an inmate serving a sentence in the
25-13 Texas Department of Criminal Justice on or after the effective date
25-14 of this Act, regardless of whether the inmate committed the offense
25-15 for which the inmate is serving the sentence before, on, or after
25-16 the effective date of this Act.
25-17 SECTION 1.35. Section 509.011, Government Code, is amended
25-18 by adding Subsections (g) and (h) to read as follows:
25-19 (g) If the Texas Department of Criminal Justice determines
25-20 that at the end of a biennium a department maintains in reserve an
25-21 amount greater than six months' basic supervision operating costs
25-22 for the department, the Texas Department of Criminal Justice in the
25-23 succeeding biennium may reduce the amount of per capita and formula
25-24 funding provided under Subsection (a) so that in the succeeding
25-25 biennium the department's reserves do not exceed six months' basic
25-26 supervision operating costs. The Texas Department of Criminal
25-27 Justice may adopt policies and standards permitting a department to
26-1 maintain reserves in an amount greater than otherwise permitted by
26-2 this subsection as necessary to cover emergency costs or implement
26-3 new programs with the approval of the Texas Department of Criminal
26-4 Justice. The Texas Department of Criminal Justice may distribute
26-5 unallocated per capita or formula funds to provide supplemental
26-6 funds to individual departments to further the purposes of this
26-7 chapter.
26-8 (h) A community supervision and corrections department at
26-9 any time may transfer to the Texas Department of Criminal Justice
26-10 any unencumbered state funds held by the department. The Texas
26-11 Department of Criminal Justice may distribute funds received from a
26-12 community supervision and corrections department under this
26-13 subsection to provide supplemental funds to individual departments
26-14 to further the purposes of this chapter.
26-15 SECTION 1.36. Chapter 509, Government Code, is amended by
26-16 adding Section 509.015 to read as follows:
26-17 Sec. 509.015. FEASIBILITY STUDY: COMMUNITY JUSTICE PLANS.
26-18 (a) The division shall conduct a study to determine whether the
26-19 documentation a community justice council is required to provide to
26-20 the division as a part of the submission of a community justice
26-21 plan is excessive or redundant and shall suggest a streamlined
26-22 process to reduce duplication of efforts on the part of the
26-23 council.
26-24 (b) The division, not later than January 1, 2001, shall
26-25 provide a copy of the study and the suggestions for a streamlined
26-26 process to the executive director, the board, and the legislature.
26-27 (c) This section expires January 15, 2001.
27-1 SECTION 1.37. Subdivision (8), Section 2251.001, Government
27-2 Code, is amended to read as follows:
27-3 (8) "Vendor" means a person who supplies goods or
27-4 services to a governmental entity. The term includes Texas
27-5 Correctional Industries.
27-6 SECTION 1.38. Subsection (a), Section 8, Article 42.09, Code
27-7 of Criminal Procedure, is amended to read as follows:
27-8 (a) A county that transfers a defendant to the Texas
27-9 Department of Criminal Justice under this article shall deliver to
27-10 an officer designated by the department:
27-11 (1) a copy of the judgment entered pursuant to Article
27-12 42.01 of this code, completed on a standardized felony judgment
27-13 form described by Section 4 of that article;
27-14 (2) a copy of any order revoking community supervision
27-15 and imposing sentence pursuant to Section 23, Article 42.12, of
27-16 this code, including:
27-17 (A) any amounts owed for restitution, fines, and
27-18 court costs, completed on a standardized felony judgment form
27-19 described by Section 4, Article 42.01, of this code; and
27-20 (B) a copy of the client supervision plan
27-21 prepared for the defendant by the community supervision and
27-22 corrections department supervising the defendant, if such a plan
27-23 was prepared;
27-24 (3) a written report that states the nature and the
27-25 seriousness of each offense and that states the citation to the
27-26 provision or provisions of the Penal Code or other law under which
27-27 the defendant was convicted;
28-1 (4) a copy of the victim impact statement, if one has
28-2 been prepared in the case under Article 56.03 of this code;
28-3 (5) a statement as to whether there was a change in
28-4 venue in the case and, if so, the names of the county prosecuting
28-5 the offense and the county in which the case was tried;
28-6 (6) a copy of the record of arrest for each offense;
28-7 (7) if requested, information regarding the criminal
28-8 history of the defendant, including the defendant's state
28-9 identification number if the number has been issued;
28-10 (8) a copy of the indictment or information for each
28-11 offense;
28-12 (9) a checklist sent by the department to the county
28-13 and completed by the county in a manner indicating that the
28-14 documents required by this subsection and Subsection (c) of this
28-15 section accompany the defendant; and
28-16 (10) if prepared, a copy of a presentence or
28-17 postsentence investigation report prepared under Section 9, Article
28-18 42.12 of this code.
28-19 SECTION 1.39. Subsection (k), Section 9, Article 42.12, Code
28-20 of Criminal Procedure, is amended to read as follows:
28-21 (k) If a presentence report in a felony case is not required
28-22 under this section, the judge may [shall] direct the officer to
28-23 prepare a postsentence report containing the same information that
28-24 would have been required for the presentence report, other than a
28-25 proposed client supervision plan and any information that is
28-26 reflected in the judgment. If the postsentence report is ordered,
28-27 the [The] officer shall send the [postsentence] report to the clerk
29-1 of the court not later than the 30th day after the date on which
29-2 sentence is pronounced or deferred adjudication is granted, and the
29-3 clerk shall deliver the postsentence report with the papers in the
29-4 case to a designated officer of the Texas Department of Criminal
29-5 Justice, as described [required] by Section 8(a), Article 42.09.
29-6 SECTION 1.40. Section 14, Article 42.12, Code of Criminal
29-7 Procedure, as amended by Chapter 321, Acts of the 74th Legislature,
29-8 Regular Session, 1995, is amended by amending Subsection (c) and
29-9 adding Subsection (e) to read as follows:
29-10 (c) If a judge requires as a condition of community
29-11 supervision that the defendant serve a term of confinement and
29-12 treatment in a substance abuse treatment facility under this
29-13 section, the judge shall also require as a condition of community
29-14 supervision that on release from the facility the defendant:
29-15 (1) participate in a drug or alcohol abuse continuum
29-16 of care treatment plan; and
29-17 (2) pay a fee in an amount established by the judge
29-18 for residential aftercare required as part of the treatment plan.
29-19 (e) The clerk of a court that collects a fee imposed under
29-20 Subsection (c)(2) shall remit the fee to the comptroller, and the
29-21 comptroller shall deposit the fee into the general revenue fund.
29-22 In requiring the payment of a fee under Subsection (c)(2), the
29-23 judge shall consider fines, fees, and other necessary expenses for
29-24 which the defendant is obligated in establishing the amount of the
29-25 fee. The judge may not:
29-26 (1) establish the fee in an amount that is greater
29-27 than 25 percent of the defendant's gross income while the defendant
30-1 is a participant in residential aftercare; or
30-2 (2) require the defendant to pay the fee at any time
30-3 other than a time at which the defendant is both employed and a
30-4 participant in residential aftercare.
30-5 SECTION 1.41. Section 501.024, Labor Code, is amended to
30-6 read as follows:
30-7 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The
30-8 following persons are excluded from coverage as an employee under
30-9 this chapter:
30-10 (1) a person performing personal services for the
30-11 state as an independent contractor or volunteer;
30-12 (2) a member of the state military forces as defined
30-13 by Section 431.001, Government Code;
30-14 (3) a person who at the time of injury was performing
30-15 services for the federal government and who is covered by some form
30-16 of federal workers' compensation insurance;
30-17 (4) a prisoner or inmate of a prison or correctional
30-18 institution, other than a work program participant participating in
30-19 a Texas Correctional Industries contract described by Section
30-20 497.006, Government Code;
30-21 (5) a client or patient of a state agency;
30-22 (6) a person employed by the Texas Department of
30-23 Transportation who is covered under Chapter 505;
30-24 (7) a person employed by The University of Texas
30-25 System who is covered by Chapter 503; and
30-26 (8) a person employed by The Texas A&M University
30-27 System who is covered by Chapter 502.
31-1 SECTION 1.42. Subdivision (2), Section 171.651, Tax Code, is
31-2 amended to read as follows:
31-3 (2) "Work program participant" has the meaning
31-4 assigned by Section 497.001(b) ["Inmate" means an inmate in a
31-5 prison industries program operated by the prison industries office
31-6 of the department under Subchapter A, Chapter 497], Government
31-7 Code.
31-8 SECTION 1.43. Section 171.653, Tax Code, is amended to read
31-9 as follows:
31-10 Sec. 171.653. CREDIT FOR WAGES PAID TO WORK PROGRAM
31-11 PARTICIPANT [INMATE]. (a) The amount of the credit for wages paid
31-12 by a corporation to a work program participant [an inmate] is equal
31-13 to 10 percent of that portion of the wages paid that the department
31-14 apportions to the state [under Section 497.004(b)(3), Government
31-15 Code,] as reimbursement for the cost of the participant's
31-16 [inmate's] confinement.
31-17 (b) A corporation is eligible for the credit under this
31-18 section only if it receives before the due date of its franchise
31-19 tax report for the privilege period for which the credit is claimed
31-20 a written certification from the department stating the amount of
31-21 the wages that the corporation paid to a work program participant
31-22 [an inmate] during the privilege period and the amount of those
31-23 wages that the department apportioned to the state as reimbursement
31-24 for the cost of the participant's [inmate's] confinement.
31-25 (c) A corporation is eligible for the credit under this
31-26 section only if the work program participant [inmate] for whom it
31-27 is paid has been continuously employed for not less than six
32-1 months.
32-2 SECTION 1.44. Section 171.654, Tax Code, is amended to read
32-3 as follows:
32-4 Sec. 171.654. CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
32-5 PROGRAM PARTICIPANT [AN INMATE]. (a) The amount of the credit for
32-6 wages paid by a corporation to an employee who was employed by the
32-7 corporation when the employee was a work program participant [an
32-8 inmate] is equal to 10 percent of that portion of the wages paid
32-9 that, were the employee still a participant [an inmate], the
32-10 department would apportion to the state [under Section
32-11 497.004(b)(3), Government Code,] as reimbursement for the cost of
32-12 the participant's [inmate's] confinement.
32-13 (b) A corporation is eligible for the credit under this
32-14 section only if:
32-15 (1) the employee who was formerly a work program
32-16 participant [an inmate] was continuously employed for not less than
32-17 six months while a participant [an inmate] and has been
32-18 continuously employed by the corporation for at least one year
32-19 after the date that the employee was released from prison or
32-20 department supervision;
32-21 (2) the nature of the employment is substantially
32-22 similar to the employment the employee had with the corporation
32-23 when the employee was a work program participant [an inmate] or the
32-24 employment requires more skills or provides greater opportunities
32-25 for the employee;
32-26 (3) the corporation has provided the department a
32-27 statement of the amount of wages paid the employee during the
33-1 accounting period on which the credit is computed; and
33-2 (4) the corporation receives before the due date of
33-3 its franchise tax report for the privilege period for which the
33-4 credit is claimed a written certification from the department
33-5 stating the amount of the wages that, were the employee still a
33-6 work program participant [an inmate], the department would have
33-7 apportioned to the state as reimbursement for the cost of the
33-8 participant's [inmate's] confinement.
33-9 (c) A corporation may claim a credit under this section only
33-10 for:
33-11 (1) wages paid an employee after the employee has been
33-12 employed by the corporation for more than one year after the date
33-13 of the employee's release from prison or supervision; and
33-14 (2) wages paid the employee for not longer than one
33-15 year.
33-16 SECTION 1.45. The heading of Subchapter L, Chapter 171, Tax
33-17 Code, is amended to read as follows:
33-18 SUBCHAPTER L. TAX CREDIT FOR WAGES PAID TO
33-19 TEXAS DEPARTMENT OF CRIMINAL JUSTICE WORK PROGRAM
33-20 PARTICIPANTS [INMATES] OR FORMER PARTICIPANTS [INMATES]
33-21 SECTION 1.46. Section 497.090, Government Code, is repealed.
33-22 SECTION 1.47. Section 19.005(a), Education Code, is amended
33-23 to read as follows:
33-24 (a) Any [Only a] person confined or imprisoned in the
33-25 department who is not a high school graduate is eligible for
33-26 programs or services under this chapter paid for with money from
33-27 the foundation school fund. To the extent space is available, the
34-1 district may also offer programs or services under this chapter
34-2 paid for with money from the foundation school fund to persons
34-3 confined or imprisoned in the department who are high school
34-4 graduates.
34-5 ARTICLE 2
34-6 SECTION 2.01. Section 497.052, Government Code, is amended
34-7 by adding Subsections (c) and (d) to read as follows:
34-8 (c) A person may not be a public member of the authority if
34-9 the person or the person's spouse:
34-10 (1) is employed by or participates in the management
34-11 of a business entity or other organization regulated by or
34-12 receiving money from the authority;
34-13 (2) owns or controls, directly or indirectly, more
34-14 than a 10 percent interest in a business entity or other
34-15 organization regulated by or receiving money from the authority; or
34-16 (3) uses or receives a substantial amount of tangible
34-17 goods, services, or money from the authority other than
34-18 compensation or reimbursement authorized by law for authority
34-19 membership, attendance, or expenses.
34-20 (d) Appointments to the authority shall be made without
34-21 regard to the race, color, disability, sex, religion, age, or
34-22 national origin of the appointees.
34-23 SECTION 2.02. Subchapter C, Chapter 497, Government Code, is
34-24 amended by adding Sections 497.0521 through 497.0527 to read as
34-25 follows:
34-26 Sec. 497.0521. CONFLICTS OF INTEREST. (a) In this section,
34-27 "Texas trade association" means a cooperative and voluntarily
35-1 joined association of business or professional competitors in this
35-2 state designed to assist its members and its industry or profession
35-3 in dealing with mutual business or professional problems and in
35-4 promoting their common interest.
35-5 (b) A person may not be a member of the authority and may
35-6 not be an authority employee employed in a "bona fide executive,
35-7 administrative, or professional capacity," as that phrase is used
35-8 for purposes of establishing an exemption to the overtime
35-9 provisions of the federal Fair Labor Standards Act of 1938 (29
35-10 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
35-11 (1) the person is an officer, employee, or paid
35-12 consultant of a Texas trade association in the field of private
35-13 sector prison industries; or
35-14 (2) the person's spouse is an officer, manager, or
35-15 paid consultant of a Texas trade association in the field of
35-16 private sector prison industries.
35-17 (c) A person may not be a member of the authority or act as
35-18 the general counsel to the authority if the person is required to
35-19 register as a lobbyist under Chapter 305 because of the person's
35-20 activities for compensation on behalf of a profession related to
35-21 the operation of the authority.
35-22 Sec. 497.0522. REMOVAL PROVISIONS. (a) It is a ground for
35-23 removal from the authority that a member:
35-24 (1) does not have at the time of taking office the
35-25 qualifications required by Section 497.052(a);
35-26 (2) does not maintain during service on the authority
35-27 the qualifications required by Section 497.052(a);
36-1 (3) is ineligible for membership under Section
36-2 497.052(c) or 497.0521(b) or (c);
36-3 (4) cannot, because of illness or disability,
36-4 discharge the member's duties for a substantial part of the
36-5 member's term; or
36-6 (5) is absent from more than half of the regularly
36-7 scheduled authority meetings that the member is eligible to attend
36-8 during a calendar year without an excuse approved by a majority
36-9 vote of the authority.
36-10 (b) The validity of an action of the authority is not
36-11 affected by the fact that it is taken when a ground for removal of
36-12 an authority member exists.
36-13 (c) If the executive director has knowledge that a potential
36-14 ground for removal exists, the executive director shall notify the
36-15 presiding officer of the authority of the potential ground. The
36-16 presiding officer shall then notify the governor and the attorney
36-17 general that a potential ground for removal exists. If the
36-18 potential ground for removal involves the presiding officer, the
36-19 executive director shall notify the next highest ranking officer of
36-20 the authority, who shall then notify the governor and the attorney
36-21 general that a potential ground for removal exists.
36-22 Sec. 497.0523. INFORMATION: REQUIREMENTS FOR OFFICE OR
36-23 EMPLOYMENT. The executive director or the executive director's
36-24 designee shall provide to members of the authority and to agency
36-25 employees, as often as necessary, information regarding the
36-26 requirements for office or employment under this subchapter,
36-27 including information regarding a person's responsibilities under
37-1 applicable laws relating to standards of conduct for state officers
37-2 or employees.
37-3 Sec. 497.0524. TRAINING PROGRAM. (a) A person who is
37-4 appointed to and qualifies for office as a member of the authority
37-5 may not vote, deliberate, or be counted as a member in attendance
37-6 at a meeting of the authority until the person completes a training
37-7 program that complies with this section.
37-8 (b) The training program must provide the person with
37-9 information regarding:
37-10 (1) the legislation that created the authority;
37-11 (2) the programs operated by the authority;
37-12 (3) the role and functions of the authority;
37-13 (4) the rules of the authority;
37-14 (5) the current budget for the authority;
37-15 (6) the results of the most recent formal audit of the
37-16 authority;
37-17 (7) the requirements of:
37-18 (A) the open meetings law, Chapter 551;
37-19 (B) the public information law, Chapter 552;
37-20 (C) the administrative procedure law, Chapter
37-21 2001; and
37-22 (D) other laws relating to public officials,
37-23 including conflict of interest laws; and
37-24 (8) any applicable ethics policies adopted by the
37-25 department or the Texas Ethics Commission.
37-26 (c) A person appointed to the authority is entitled to
37-27 reimbursement, as provided by the General Appropriations Act, for
38-1 the travel expenses incurred in attending the training program
38-2 regardless of whether the attendance at the program occurs before
38-3 or after the person qualifies for office.
38-4 Sec. 497.0525. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.
38-5 The authority shall develop and implement policies that clearly
38-6 separate the policymaking responsibilities of the authority and the
38-7 management responsibilities of the staff of the authority.
38-8 Sec. 497.0526. PUBLIC ACCESS. The authority shall develop
38-9 and implement policies that provide the public with a reasonable
38-10 opportunity to appear before the authority and to speak on any
38-11 issue under the jurisdiction of the authority.
38-12 Sec. 497.0527. COMPLAINTS. (a) The authority shall
38-13 maintain a file on each written complaint filed with the authority.
38-14 The file must include:
38-15 (1) the name of the person who filed the complaint;
38-16 (2) the date the complaint is received by the
38-17 authority;
38-18 (3) the subject matter of the complaint;
38-19 (4) the name of each person contacted in relation to
38-20 the complaint;
38-21 (5) a summary of the results of the review or
38-22 investigation of the complaint; and
38-23 (6) an explanation of the reason the file was closed,
38-24 if the authority closed the file without taking action other than
38-25 to investigate the complaint.
38-26 (b) The authority shall provide to the person filing the
38-27 complaint and to each person who is a subject of the complaint a
39-1 copy of the authority's policies and procedures relating to
39-2 complaint investigation and resolution.
39-3 (c) The authority, at least quarterly until final
39-4 disposition of the complaint, shall notify the person filing the
39-5 complaint and each person who is a subject of the complaint of the
39-6 status of the investigation unless the notice would jeopardize an
39-7 undercover investigation.
39-8 ARTICLE 3
39-9 SECTION 3.01. Section 614.002, Health and Safety Code, is
39-10 amended to read as follows:
39-11 Sec. 614.002. COMPOSITION OF COUNCIL. (a) The Texas
39-12 Council on Offenders with Mental Impairments is composed of 30 [29]
39-13 members.
39-14 (b) The governor shall appoint, with the advice and consent
39-15 of the senate:
39-16 (1) four at-large members who have expertise in mental
39-17 health, mental retardation, or developmental disabilities, one of
39-18 whom must be a psychiatrist;
39-19 (2) one at-large member who is the judge of a court
39-20 with criminal jurisdiction;
39-21 (3) one at-large member who is a prosecuting attorney;
39-22 (4) one at-large member who is a criminal defense
39-23 attorney;
39-24 (5) one at-large member from an established pretrial
39-25 services agency; and
39-26 (6) one at-large member who has expertise in the
39-27 criminal justice system.
40-1 (c) A person may not be an at-large member of the council if
40-2 the person or the person's spouse:
40-3 (1) is employed by or participates in the management
40-4 of a business entity or other organization regulated by or
40-5 receiving money from the council;
40-6 (2) owns or controls, directly or indirectly, more
40-7 than a 10 percent interest in a business entity or other
40-8 organization regulated by or receiving money from the council; or
40-9 (3) uses or receives a substantial amount of tangible
40-10 goods, services, or money from the council other than compensation
40-11 or reimbursement authorized by law for council membership,
40-12 attendance, or expenses.
40-13 (d) A person may not be a member of the council or act as
40-14 the general counsel to the council if the person is required to
40-15 register as a lobbyist under Chapter 305, Government Code, because
40-16 of the person's activities for compensation on behalf of a
40-17 profession related to the operation of the council.
40-18 (e) The executive head of each of the following agencies,
40-19 divisions of agencies, or associations, or that person's designated
40-20 representative, shall serve as a member of the council:
40-21 (1) the institutional division of the Texas Department
40-22 of Criminal Justice;
40-23 (2) the Texas Department of Mental Health and Mental
40-24 Retardation;
40-25 (3) the pardons and paroles division of the Texas
40-26 Department of Criminal Justice;
40-27 (4) the community justice assistance division of the
41-1 Texas Department of Criminal Justice;
41-2 (5) the state jail division of the Texas Department of
41-3 Criminal Justice;
41-4 (6) the Texas Juvenile Probation Commission;
41-5 (7) the Texas Youth Commission;
41-6 (8) the Texas Rehabilitation Commission;
41-7 (9) the Texas Education Agency;
41-8 (10) the Criminal Justice Policy Council;
41-9 (11) the Mental Health Association in Texas;
41-10 (12) the Texas Commission on Alcohol and Drug Abuse;
41-11 (13) the Commission on Law Enforcement Officer
41-12 Standards and Education;
41-13 (14) the Texas Council of Community Mental Health and
41-14 Mental Retardation Centers;
41-15 (15) the Commission on Jail Standards;
41-16 (16) the Texas Planning Council for Developmental
41-17 Disabilities;
41-18 (17) the Texas Association for Retarded Citizens;
41-19 (18) the Texas Alliance for the Mentally Ill;
41-20 (19) the Parent Association for the Retarded of Texas,
41-21 Inc.;
41-22 (20) the Texas Department of Human Services; and
41-23 (21) the Texas Department on Aging.
41-24 (f) [(d)] In making the appointments under Subsection (b),
41-25 the governor shall attempt to reflect the geographic and economic
41-26 diversity of the state. Appointments to the council shall be made
41-27 without regard to the race, color, disability, sex, religion, age,
42-1 or national origin of the appointees.
42-2 (g) It is a ground for removal from the council that an
42-3 at-large member:
42-4 (1) does not have at the time of taking office the
42-5 qualifications required by Subsections (b), (c), and (k);
42-6 (2) does not maintain during service on the council
42-7 the qualifications required by Subsections (b), (c), and (k);
42-8 (3) is ineligible for membership under Subsection (c)
42-9 or (d);
42-10 (4) cannot, because of illness or disability,
42-11 discharge the member's duties for a substantial part of the
42-12 member's term;
42-13 (5) is absent from more than half of the regularly
42-14 scheduled council meetings that the member is eligible to attend
42-15 during a calendar year without an excuse approved by a majority
42-16 vote of the council; or
42-17 (6) is absent from more than two consecutive regularly
42-18 scheduled council meetings that the member is eligible to attend.
42-19 (h) The validity of an action of the council is not affected
42-20 by the fact that it is taken when a ground for removal of a council
42-21 member exists.
42-22 (i) If the director of the council has knowledge that a
42-23 potential ground for removal exists, the director shall notify the
42-24 presiding officer of the council of the potential ground. The
42-25 presiding officer shall then notify the governor and the attorney
42-26 general that a potential ground for removal exists. If the
42-27 potential ground for removal involves the presiding officer, the
43-1 director shall notify the next highest ranking officer of the
43-2 council, who shall then notify the governor and the attorney
43-3 general that a potential ground for removal exists.
43-4 (j) [(e) It is a ground for removal if an at large member:]
43-5 [(1) is not eligible for appointment at the time of
43-6 appointment as provided by Subsections (b) and (g);]
43-7 [(2) is absent from more than half of the regularly
43-8 scheduled council meetings that the member is eligible to attend
43-9 during each calendar year; or]
43-10 [(3) is absent from more than two consecutive
43-11 regularly scheduled council meetings that the member is eligible to
43-12 attend.]
43-13 [(f)] A representative designated by the executive head of a
43-14 state agency must be an officer or employee of the agency when
43-15 designated and while serving on the council, except the
43-16 representative designated by the director of the Criminal Justice
43-17 Policy Council must be an employee of that council.
43-18 (k) [(g)] Members who are not associated with a state agency
43-19 or division must have expertise in the rehabilitation of persons
43-20 with mental illness, mental retardation, or a developmental
43-21 disability when appointed or designated and while serving on the
43-22 council.
43-23 SECTION 3.02. Chapter 614, Health and Safety Code, is
43-24 amended by adding Sections 614.003 and 614.0031 to read as follows:
43-25 Sec. 614.003. INFORMATION: REQUIREMENTS FOR OFFICE OR
43-26 EMPLOYMENT. The executive director of the Texas Department of
43-27 Criminal Justice or the executive director's designee shall
44-1 provide to members of the council and to agency employees, as often
44-2 as necessary, information regarding the requirements for office or
44-3 employment under this chapter, including information regarding a
44-4 person's responsibilities under applicable laws relating to
44-5 standards of conduct for state officers or employees.
44-6 Sec. 614.0031. TRAINING PROGRAM. (a) A person who is
44-7 appointed to and qualifies for office as a member of the council
44-8 may not vote, deliberate, or be counted as a member in attendance
44-9 at a meeting of the council until the person completes a training
44-10 program that complies with this section.
44-11 (b) The training program must provide the person with
44-12 information regarding:
44-13 (1) the legislation that created the council;
44-14 (2) the programs operated by the council;
44-15 (3) the role and functions of the council;
44-16 (4) the rules of the council;
44-17 (5) the current budget for the council;
44-18 (6) the results of the most recent formal audit of the
44-19 council;
44-20 (7) the requirements of:
44-21 (A) the open meetings law, Chapter 551,
44-22 Government Code;
44-23 (B) the public information law, Chapter 552,
44-24 Government Code;
44-25 (C) the administrative procedure law, Chapter
44-26 2001, Government Code; and
44-27 (D) other laws relating to public officials,
45-1 including conflict of interest laws; and
45-2 (8) any applicable ethics policies adopted by the
45-3 council or the Texas Ethics Commission.
45-4 (c) A person appointed to the council is entitled to
45-5 reimbursement, as provided by the General Appropriations Act, for
45-6 the travel expenses incurred in attending the training program
45-7 regardless of whether the attendance at the program occurs before
45-8 or after the person qualifies for office.
45-9 SECTION 3.03. Subsection (a), Section 614.005, Health and
45-10 Safety Code, is amended to read as follows:
45-11 (a) The governor shall designate a member of the council as
45-12 the presiding officer of the council to serve in that capacity at
45-13 the pleasure of the governor [council shall elect a presiding
45-14 officer from its members at the first meeting of each calendar
45-15 year].
45-16 SECTION 3.04. Section 614.007, Health and Safety Code, is
45-17 amended to read as follows:
45-18 Sec. 614.007. POWERS AND DUTIES. (a) The council shall:
45-19 (1) determine the status of offenders with mental
45-20 impairments in the state criminal justice system;
45-21 (2) identify needed services for offenders with mental
45-22 impairments;
45-23 (3) develop a plan for meeting the treatment,
45-24 rehabilitative, and educational needs of offenders with mental
45-25 impairments that includes a case management system and the
45-26 development of community-based alternatives to incarceration;
45-27 (4) cooperate in coordinating procedures of
46-1 represented agencies for the orderly provision of services for
46-2 offenders with mental impairments;
46-3 (5) evaluate programs in this state and outside this
46-4 state for offenders with mental impairments and recommend to the
46-5 directors of state programs methods of improving the programs;
46-6 (6) collect and disseminate information about
46-7 available programs to judicial officers, law enforcement officers,
46-8 probation and parole officers, providers of social services or
46-9 treatment, and the public;
46-10 (7) provide technical assistance to represented
46-11 agencies and organizations in the development of appropriate
46-12 training programs;
46-13 (8) apply for and receive money made available by the
46-14 federal or state government or by any other public or private
46-15 source to be used by the council to perform its duties;
46-16 (9) distribute to political subdivisions, private
46-17 organizations, or other persons money appropriated by the
46-18 legislature to be used for the development, operation, or
46-19 evaluation of programs for offenders with mental impairments;
46-20 (10) develop and implement pilot projects to
46-21 demonstrate a cooperative program to identify, evaluate, and manage
46-22 outside of incarceration offenders with mental impairments; and
46-23 (11) assess the need for demonstration projects and
46-24 provide management for approved projects.
46-25 (b) The council shall develop and implement policies that
46-26 clearly separate the policymaking responsibilities of the council
46-27 and the management responsibilities of the staff of the council.
47-1 SECTION 3.05. Chapter 614, Health and Safety Code, is
47-2 amended by adding Sections 614.010, 614.0101, and 614.0102 to read
47-3 as follows:
47-4 Sec. 614.010. PERSONNEL. (a) The executive director of the
47-5 Texas Department of Criminal Justice or the executive director's
47-6 designee shall prepare and maintain a written policy statement that
47-7 implements a program of equal employment opportunity to ensure that
47-8 all personnel decisions are made without regard to race, color,
47-9 disability, sex, religion, age, or national origin.
47-10 (b) The policy statement must include:
47-11 (1) personnel policies, including policies relating to
47-12 recruitment, evaluation, selection, training, and promotion of
47-13 personnel, that show the intent of the council to avoid the
47-14 unlawful employment practices described by Chapter 21, Labor Code;
47-15 and
47-16 (2) an analysis of the extent to which the composition
47-17 of the council's personnel is in accordance with state and federal
47-18 law and a description of reasonable methods to achieve compliance
47-19 with state and federal law.
47-20 (c) The policy statement must:
47-21 (1) be updated annually;
47-22 (2) be reviewed by the state Commission on Human
47-23 Rights for compliance with Subsection (b)(1); and
47-24 (3) be filed with the governor's office.
47-25 Sec. 614.0101. PUBLIC ACCESS. The council shall develop and
47-26 implement policies that provide the public with a reasonable
47-27 opportunity to appear before the council and to speak on any issue
48-1 under the jurisdiction of the council.
48-2 Sec. 614.0102. COMPLAINTS. (a) The council shall maintain
48-3 a file on each written complaint filed with the council. The file
48-4 must include:
48-5 (1) the name of the person who filed the complaint;
48-6 (2) the date the complaint is received by the council;
48-7 (3) the subject matter of the complaint;
48-8 (4) the name of each person contacted in relation to
48-9 the complaint;
48-10 (5) a summary of the results of the review or
48-11 investigation of the complaint; and
48-12 (6) an explanation of the reason the file was closed,
48-13 if the council closed the file without taking action other than to
48-14 investigate the complaint.
48-15 (b) The council shall provide to the person filing the
48-16 complaint and to each person who is a subject of the complaint a
48-17 copy of the council's policies and procedures relating to complaint
48-18 investigation and resolution.
48-19 (c) The council, at least quarterly until final disposition
48-20 of the complaint, shall notify the person filing the complaint and
48-21 each person who is a subject of the complaint of the status of the
48-22 investigation unless the notice would jeopardize an undercover
48-23 investigation.
48-24 SECTION 3.06. Section 614.017, Health and Safety Code, is
48-25 amended to read as follows:
48-26 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
48-27 [authorized by this chapter to provide continuity of care for a
49-1 special needs offender] may:
49-2 (1) receive information relating to a special needs
49-3 offender regardless of whether other state law makes that
49-4 information confidential, if the agency receives the information to
49-5 further the purposes of this chapter; or
49-6 (2) disclose information relating to a special needs
49-7 offender, including information about the offender's identity,
49-8 needs, treatment, social, criminal, and vocational history,
49-9 supervision status and compliance with conditions of supervision,
49-10 and medical and mental health history, if the agency discloses the
49-11 information to further the purposes of this chapter.
49-12 (b) This section is not intended to conflict with a federal
49-13 law that restricts the disclosure of information described by
49-14 Subsection (a).
49-15 (c) In this section:
49-16 (1) "Agency" includes any of the following entities [a
49-17 division within an agency], a person with an agency relationship
49-18 with one of the following entities [an agency], and a person who
49-19 contracts with one or more of the following entities:
49-20 (A) the institutional division of the Texas
49-21 Department of Criminal Justice;
49-22 (B) the pardons and paroles division of the
49-23 Texas Department of Criminal Justice;
49-24 (C) the community justice assistance division of
49-25 the Texas Department of Criminal Justice;
49-26 (D) the state jail division of the Texas
49-27 Department of Criminal Justice;
50-1 (E) the Texas Department of Mental Health and
50-2 Mental Retardation;
50-3 (F) the Texas Juvenile Probation Commission;
50-4 (G) the Texas Youth Commission;
50-5 (H) the Texas Rehabilitation Commission;
50-6 (I) the Texas Education Agency;
50-7 (J) the Criminal Justice Policy Council;
50-8 (K) the Texas Commission on Alcohol and Drug
50-9 Abuse;
50-10 (L) the Commission on Jail Standards;
50-11 (M) the Texas Department of Human Services;
50-12 (N) the Texas Department on Aging;
50-13 (O) the Texas School for the Blind and Visually
50-14 Impaired;
50-15 (P) the Texas Department of Health;
50-16 (Q) the Texas Commission for the Deaf and Hard
50-17 of Hearing;
50-18 (R) community supervision and corrections
50-19 departments;
50-20 (S) personal bond pretrial release offices
50-21 established under Article 17.42, Code of Criminal Procedure; and
50-22 (T) local jails regulated by the Commission on
50-23 Jail Standards [an agency].
50-24 (2) "Special needs offender" means an individual who
50-25 after conviction or adjudication is in custody or under any form of
50-26 criminal justice supervision [a convicted felon or an individual
50-27 who is placed on community supervision after a grant of deferred
51-1 adjudication under Section 5, Article 42.12, Code of Criminal
51-2 Procedure].
51-3 SECTION 3.07. Chapter 614, Health and Safety Code, is
51-4 amended by adding Section 614.018 to read as follows:
51-5 Sec. 614.018. USE OF COUNTY JAIL FACILITIES. (a) The
51-6 council shall conduct a study on strategies for reducing the use of
51-7 county jails to provide mental health treatment to persons with
51-8 mental illness.
51-9 (b) The study must include an examination of:
51-10 (1) arrest rates of persons with mental illness and
51-11 incarceration practices regarding those persons;
51-12 (2) the feasibility of establishing a regional mental
51-13 health detention facility as a pilot facility; and
51-14 (3) operational issues regarding the establishment of
51-15 a pilot facility, including funding strategies and the use of
51-16 existing facilities.
51-17 (c) The council shall file a copy of the study, a synopsis
51-18 of the results of the study, and the council's recommendations with
51-19 the legislature not later than February 1, 2001.
51-20 (d) This section expires March 1, 2001.
51-21 ARTICLE 4
51-22 SECTION 4.01. This Act takes effect September 1, 1999.
51-23 SECTION 4.02. The importance of this legislation and the
51-24 crowded condition of the calendars in both houses create an
51-25 emergency and an imperative public necessity that the
51-26 constitutional rule requiring bills to be read on three several
51-27 days in each house be suspended, and this rule is hereby suspended.