1-1     By:  West (Senate Sponsor - Armbrister)                H.B. No. 123
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to a requirement that inmates of the Texas Department of
 1-9     Criminal Justice participate in educational programs.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter A, Chapter 501, Government Code, is
1-12     amended by adding Section 501.0051 to read as follows:
1-13           Sec. 501.0051. EDUCATION REQUIRED.  (a)  The department shall
1-14     require an inmate who does not hold a high school diploma or
1-15     general equivalency certificate to participate in available
1-16     educational programming designed to help the inmate to earn a
1-17     general equivalency certificate.
1-18           (b)  This section does not apply to an inmate confined on
1-19     death row or confined in administrative segregation or close
1-20     custody.  The department may waive the educational requirement
1-21     imposed by this section on an inmate if the department determines
1-22     that the inmate lacks the learning ability to earn a certificate.
1-23           (c)  The department may limit participation in an educational
1-24     program based on the capacity of the program and may assign inmates
1-25     to participate on the basis of the inmates' release dates, using
1-26     the department's individualized treatment plans.
1-27           SECTION 2.  This Act takes effect September 1, 2001.
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