1-1 By: Allen (Senate Sponsor - Armbrister) H.B. No. 1617
1-2 (In the Senate - Received from the House May 9, 2001;
1-3 May 10, 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 1; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the expansion of prison industries programs.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 497.008, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 497.008. LEASE OF LAND. To further the expansion and
1-13 development of prison industries, the department may lease prison
1-14 land to a private business. A lease under this section may not
1-15 exceed a term of 50 years. The business must lease the land at a
1-16 mutually agreed upon price [fair market value] and may construct or
1-17 convert plant facilities on the land.
1-18 SECTION 2. Section 497.056, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 497.056. PRIVATE SECTOR PRISON INDUSTRIES EXPANSION
1-21 [OVERSIGHT] ACCOUNT. (a) [A private sector prison industries
1-22 program shall make an annual payment to the authority in an amount
1-23 equal to the amount of money the program would pay during that year
1-24 for unemployment insurance if the employees of the program were
1-25 engaged in non-prison employment.]
1-26 [(b)] The department [authority] shall forward money [fees]
1-27 collected under Section 497.0581 [this section] to the comptroller.
1-28 The comptroller shall deposit the money in [the fees to the credit
1-29 of an account in] the general revenue fund [to be known as the
1-30 private sector prison industries oversight account].
1-31 (b) To construct more facilities and increase the number of
1-32 participants, the private sector prison industry expansion account
1-33 is created as an account in the general revenue fund. Money in the
1-34 account may be appropriated only to construct work facilities,
1-35 recruit corporations to participate as private sector industries
1-36 programs, and pay costs of the authority and department in
1-37 implementing this subchapter, including the cost to the department
1-38 in reimbursing authority members and the employer liaison for
1-39 expenses.
1-40 (c) On each certification by the department that an amount
1-41 has been deposited to the credit of the general revenue fund from
1-42 deductions from participants' wages under Section 497.0581, the
1-43 comptroller shall transfer an equivalent amount from the general
1-44 revenue fund to the private sector prison industry expansion
1-45 account, until the balance in the account is $2 million. On a
1-46 certification occurring when the balance in the account is more
1-47 than $2 million, the comptroller shall transfer to the account an
1-48 amount equal to one-half of the amount deposited to the credit of
1-49 the general revenue fund from deductions from participants' wages.
1-50 (d) The department during each calendar quarter shall make a
1-51 certification of the amount deposited during the previous calendar
1-52 quarter to the credit of the general revenue fund from deductions
1-53 from participants' wages under Section 497.0581. [The legislature
1-54 may appropriate funds from the account only for the purpose of
1-55 paying the costs of the authority and the department in
1-56 implementing this subchapter, including the cost to the department
1-57 of paying the reimbursable expenses of authority members under
1-58 Section 497.055 and the employer liaison as provided by Section
1-59 497.052(c). At the end of each fiscal year, the comptroller shall
1-60 transfer the excess funds in the account to the state treasury to
1-61 the credit of the crime victims compensation fund.]
1-62 [(c) The authority by rule shall adopt a method for
1-63 determining the amount of the fee owed by an industry under this
1-64 section and a schedule for the payment of fees under this section.]
2-1 SECTION 3. Section 497.0581, Government Code, is amended to
2-2 read as follows:
2-3 Sec. 497.0581. PARTICIPANT CONTRIBUTIONS; ASSISTANCE
2-4 ACCOUNT. (a) The authority by rule shall determine the amount of
2-5 deductions to be taken from [require a participant to contribute a
2-6 percentage of the] wages received by the participant under this
2-7 subchapter [to be deposited in the private sector prison industries
2-8 oversight account]. In determining the amount of deductions
2-9 [establishing the percentage of the wages required to be
2-10 contributed by participants] under this section, the authority
2-11 shall ensure that the deductions do [percentage does] not place the
2-12 private sector prison industries programs in the department in
2-13 noncompliance with the federal prison enhancement certification
2-14 program established under 18 U.S.C. Section 1761.
2-15 (b) The private sector prison industry crime victims
2-16 assistance account is created as an account in the general revenue
2-17 fund. Money in the account may be appropriated only to the
2-18 authority for the purpose of aiding victims of crime, under rules
2-19 adopted by the authority.
2-20 SECTION 4. Section 497.062, Government Code, is amended to
2-21 read as follows:
2-22 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS; GOALS.
2-23 (a) The authority may certify any number of private sector prison
2-24 industries programs that meet or exceed the requirements of federal
2-25 law and the rules of the authority, but in no event may the
2-26 authority permit more than 2,000 participants in the program at any
2-27 one time.
2-28 (b) The authority shall establish as a goal that the program
2-29 have at least 1,800 participants by January 1, 2006.
2-30 SECTION 5. The amendment to Section 497.056, Government Code,
2-31 made by this Act does not apply to a payment made by a private
2-32 sector prison industries program before the effective date of this
2-33 Act, and a program that makes a required payment before the
2-34 effective date of this Act is not, on or after the effective date
2-35 of this Act, eligible to receive a full or partial refund of the
2-36 payment.
2-37 SECTION 6. This Act takes effect September 1, 2001.
2-38 * * * * *