78R10432 GWK-D


By:  Allen                                                        H.B. No. 1372

Substitute the following for H.B. No. 1372:                                   

By:  Hopson                                                   C.S.H.B. No. 1372



A BILL TO BE ENTITLED

AN ACT

relating to the operation of certain Texas Department of Criminal 
Justice industries and private sector prison industries programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 497.002, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  The office has supervision over the production of 
articles and products in craft shops operated by the department.
	SECTION 2.  Section 497.024, Government Code, is amended by 
adding Subsections (d) and (e) to read as follows:
	(d)  This section applies to the department in the same 
manner as it applies to other agencies of the state.
	(e)  The office at least once each year shall determine 
whether there are articles or products needed by the department 
that are not produced by but could be produced by the office at a 
reduced cost or savings to the department.
	SECTION 3.  Section 497.059, Government Code, is amended by 
amending Subsection (b) and adding Subsection (c) to read as 
follows:
	(b)  The authority shall adopt rules to determine whether a 
program would cause the loss of existing jobs of a specific type 
provided by the employer in this state.
	(c)  For the purposes of this section, a program does not 
result in the loss of existing jobs if, at the time of initial 
certification, the jobs are performed by workers in a foreign 
country.
	SECTION 4.  Section 497.062(a), Government Code, is amended 
to read as follows:
	(a)  The authority may certify any number of private sector 
prison industries programs that meet or exceed the requirements of 
federal law and the rules of the authority, but in no event may the 
authority permit more than 5,000 [2,000] participants in the 
program at any one time.
	SECTION 5.  Section 501.013, Government Code, is amended to 
read as follows: 
	Sec. 501.013.  MATERIALS USED FOR ARTS AND CRAFTS.  (a)  
Texas Correctional Industries [The institutional division] may 
purchase materials to be used by inmates and defendants housed in 
facilities operated by the department [division] to produce arts 
and crafts.
	(b)  Texas Correctional Industries [The institutional 
division] may allow an inmate or defendant housed in a facility 
operated by the department [division] who produces arts and crafts 
in the department [division] to sell those arts and crafts to the 
general public in a manner determined by Texas Correctional 
Industries [the division].
	(c)  If an inmate or defendant housed in a facility operated 
by the department [division] sells arts and crafts and the 
materials used in the production of the arts and crafts were 
provided by Texas Correctional Industries [the division], the 
proceeds of the sale go first to Texas Correctional Industries [the 
division] to pay for the cost of the materials, and the remainder, 
if any, goes to the inmate or defendant.  Texas Correctional 
Industries [The institutional division] may not purchase more than 
$30 of materials for any inmate or defendant unless the inmate or 
defendant has repaid Texas Correctional Industries [the division] 
in full for previous purchases of materials.
	SECTION 6.  Section 502.053, Transportation Code, is amended 
to read as follows:
	Sec. 502.053.  COST OF MANUFACTURING LICENSE PLATES OR 
REGISTRATION INSIGNIA.  (a)  The Texas Department of Transportation 
shall reimburse the [institutional division of the] Texas 
Department of Criminal Justice for the cost of manufacturing 
license plates or registration insignia as the license plates or 
insignia and the invoice for the license plates or insignia are 
delivered to the Texas Department of Transportation.
	(b)  When manufacturing is started, the Texas Department of 
Criminal Justice, the Texas Department of Transportation, and the 
Texas Building and Procurement Commission, after negotiation, 
[General Services Commission] shall set the price to be paid for 
each license plate or insignia.  The price must be determined from:
		(1)  the cost of metal, paint, and other materials 
purchased;               
		(2)  the inmate maintenance cost per day;                                     
		(3)  overhead expenses;                                                       
		(4)  miscellaneous charges;  and                                              
		(5)  a previously approved amount of profit for the 
work.                   
	(c)  The annual profit received by the [institutional 
division of the] Texas Department of Criminal Justice from all 
contracts for the manufacturing of license plates or related 
manufacturing may not be less than the profit received by the Texas 
Department of Corrections for manufacturing license plates for use 
in 1974.
	SECTION 7.  This Act takes effect September 1, 2003.