SRC-JBJ H.B. 123 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 123
77R751 GWK-DBy: West, George "Buddy" (Armbrister)
Criminal Justice
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Currently, a large number of inmates in Texas prisons lack a high school
education.  The institutional division of the Texas Department of Criminal
Justice (department) currently operates a program to teach reading to
illiterate inmates housed in its facilities.  Illiterate inmates are
required to receive reading instruction for a certain number of hours per
week.  No such requirement exists for inmates to participate in a program
to receive a high school general equivalency certificate while housed in
the department facilities.  H.B. 123 requires certain inmates of the
department without a high school diploma or certificate to participate in a
program designed to help the inmate earn a high school general equivalency
certificate.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 501A, Government Code, by adding Section
501.0051, as follows: 

Sec. 501.0051. EDUCATION REQUIRED.  (a)  Requires the Texas Department of
Criminal Justice (department) to require an inmate who does not hold a high
school diploma or general equivalency certificate to participate in
available educational programming designed to help the inmate to earn a
general equivalency certificate.  
 
(b)  Provides that this section does not apply to an inmate confined on
death row or confined in administrative segregation or close custody.
Authorizes the department to waive the educational requirement imposed by
this section on an inmate if the department determines that the inmate
lacks the learning ability to earn a certificate.  
 
(c)  Authorizes the department to limit participation in an educational
program based on the capacity of the program and to assign inmates to
participate on the basis of the inmates' release dates, using the
department's individualized treatment plans.  
 
SECTION 2.  Effective date: September 1, 2001.