77R10197 GWK-F
By Allen H.B. No. 1617
Substitute the following for H.B. No. 1617:
By Haggerty C.S.H.B. No. 1617
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expansion of prison industries programs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 497.008, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 497.008. LEASE OF LAND. To further the expansion and
1-7 development of prison industries, the department may lease prison
1-8 land to a private business. A lease under this section may not
1-9 exceed a term of 50 years. The business must lease the land at a
1-10 mutually agreed upon price [fair market value] and may construct or
1-11 convert plant facilities on the land.
1-12 SECTION 2. Section 497.056, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 497.056. PRIVATE SECTOR PRISON INDUSTRIES EXPANSION
1-15 [OVERSIGHT] ACCOUNT. (a) [A private sector prison industries
1-16 program shall make an annual payment to the authority in an amount
1-17 equal to the amount of money the program would pay during that year
1-18 for unemployment insurance if the employees of the program were
1-19 engaged in non-prison employment.]
1-20 [(b)] The department [authority] shall forward money [fees]
1-21 collected under Section 497.0581 [this section] to the comptroller.
1-22 The comptroller shall deposit the money in [the fees to the credit
1-23 of an account in] the general revenue fund [to be known as the
1-24 private sector prison industries oversight account].
2-1 (b) To construct more facilities and increase the number of
2-2 participants, the private sector prison industry expansion account
2-3 is created as an account in the general revenue fund. Money in the
2-4 account may be appropriated only to construct work facilities,
2-5 recruit corporations to participate as private sector industries
2-6 programs, and pay costs of the authority and department in
2-7 implementing this subchapter, including the cost to the department
2-8 in reimbursing authority members and the employer liaison for
2-9 expenses.
2-10 (c) On each certification by the department that an amount
2-11 has been deposited to the credit of the general revenue fund from
2-12 deductions from participants' wages under Section 497.0581, the
2-13 comptroller shall transfer an equivalent amount from the general
2-14 revenue fund to the private sector prison industry expansion
2-15 account, until the balance in the account is $2 million. On a
2-16 certification occurring when the balance in the account is more
2-17 than $2 million, the comptroller shall transfer to the account an
2-18 amount equal to one-half of the amount deposited to the credit of
2-19 the general revenue fund from deductions from participants' wages.
2-20 (d) The department during each calendar quarter shall make a
2-21 certification of the amount deposited during the previous calendar
2-22 quarter to the credit of the general revenue fund from deductions
2-23 from participants' wages under Section 497.0581. [The legislature
2-24 may appropriate funds from the account only for the purpose of
2-25 paying the costs of the authority and the department in
2-26 implementing this subchapter, including the cost to the department
2-27 of paying the reimbursable expenses of authority members under
3-1 Section 497.055 and the employer liaison as provided by Section
3-2 497.052(c). At the end of each fiscal year, the comptroller shall
3-3 transfer the excess funds in the account to the state treasury to
3-4 the credit of the crime victims compensation fund.]
3-5 [(c) The authority by rule shall adopt a method for
3-6 determining the amount of the fee owed by an industry under this
3-7 section and a schedule for the payment of fees under this section.]
3-8 SECTION 3. Section 497.0581, Government Code, is amended to
3-9 read as follows:
3-10 Sec. 497.0581. PARTICIPANT CONTRIBUTIONS; ASSISTANCE
3-11 ACCOUNT. (a) The authority by rule shall determine the amount of
3-12 deductions to be taken from [require a participant to contribute a
3-13 percentage of the] wages received by the participant under this
3-14 subchapter [to be deposited in the private sector prison industries
3-15 oversight account]. In determining the amount of deductions
3-16 [establishing the percentage of the wages required to be
3-17 contributed by participants] under this section, the authority
3-18 shall ensure that the deductions do [percentage does] not place the
3-19 private sector prison industries programs in the department in
3-20 noncompliance with the federal prison enhancement certification
3-21 program established under 18 U.S.C. Section 1761.
3-22 (b) The private sector prison industry crime victims
3-23 assistance account is created as an account in the general revenue
3-24 fund. Money in the account may be appropriated only to the
3-25 authority for the purpose of aiding victims of crime, under rules
3-26 adopted by the authority.
3-27 SECTION 4. Section 497.062, Government Code, is amended to
4-1 read as follows:
4-2 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS; GOALS.
4-3 (a) The authority may certify any number of private sector prison
4-4 industries programs that meet or exceed the requirements of federal
4-5 law and the rules of the authority, but in no event may the
4-6 authority permit more than 2,000 participants in the program at any
4-7 one time.
4-8 (b) The authority shall establish as a goal that the program
4-9 have at least 1,800 participants by January 1, 2006.
4-10 SECTION 5. The amendment to Section 497.056, Government Code,
4-11 made by this Act does not apply to a payment made by a private
4-12 sector prison industries program before the effective date of this
4-13 Act, and a program that makes a required payment before the
4-14 effective date of this Act is not, on or after the effective date
4-15 of this Act, eligible to receive a full or partial refund of the
4-16 payment.
4-17 SECTION 6. This Act takes effect September 1, 2001.