By West                                                H.B. No. 123
         77R751 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 educational programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 501, Government Code, is
 1-6     amended by adding Section 501.0051 to read as follows:
 1-7           Sec. 501.0051. EDUCATION REQUIRED.  (a)  The department shall
 1-8     require an inmate who does not hold a high school diploma or
 1-9     general equivalency certificate to participate in available
1-10     educational programming designed to help the inmate to earn a
1-11     general equivalency certificate.
1-12           (b)  This section does not apply to an inmate confined on
1-13     death row or confined in administrative segregation or close
1-14     custody.  The department may waive the educational requirement
1-15     imposed by this section on an inmate if the department determines
1-16     that the inmate lacks the learning ability to earn a certificate.
1-17           (c)  The department may limit participation in an educational
1-18     program based on the capacity of the program and may assign inmates
1-19     to participate on the basis of the inmates' release dates, using
1-20     the department's individualized treatment plans.
1-21           SECTION 2.  This Act takes effect September 1, 2001.