By: Allen, et al. (Senate Sponsor - Whitmire) H.B. No. 1372
(In the Senate - Received from the House April 14, 2003;
April 22, 2003, read first time and referred to Committee on
Criminal Justice; May 23, 2003, reported favorably by the
following vote: Yeas 4, Nays 0; May 23, 2003, sent to printer.)
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 497.024, 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 2. Section 497.058, Government Code, is amended to
read as follows:
Sec. 497.058. PIECP [PREVAILING] WAGE. (a) The authority
by rule shall require that participants at each private sector
prison industries program be paid not less than the prison industry
enhancement certification program (PIECP) [prevailing] wage as
computed by the Texas Workforce Commission [authority], except
that:
(1) the authority may permit employers to pay a
participant the federal minimum wage for the two-month period
beginning on the date participation begins; and
(2) the minimum wage for participants under the
supervision of the Texas Youth Commission, because of the age of the
participants and the extensive training component of their
employment, is the federal minimum wage.
(b) For the purposes of computations required by this
section:
(1) the PIECP [prevailing] wage is the wage paid by the
employer for work of a similar nature in the location in which the
work is performed;
(2) in the event that the employer has no employees
other than those employed under this subchapter performing work of
a similar nature within the location, the prevailing wage for work
of a similar nature is determined by reference to openings and wages
by occupation data collected by the labor market information
department of the Texas Workforce Commission; and
(3) the location in which work is performed is the
local workforce development area in which the work is performed.
SECTION 3. Section 497.0581(a), Government Code, is amended
to read as follows:
(a) The authority by rule shall determine the amount of
deductions to be taken from wages received by the participant under
this subchapter. The authority may establish deductions for
participants under the supervision of the Texas Youth Commission
that are different than deductions established for other
participants in the program. In determining the amount of
deductions under this section, the authority shall ensure that the
deductions do not place the private sector prison industries
programs in the department in noncompliance with the federal prison
enhancement certification program established under 18 U.S.C.
Section 1761.
SECTION 4. 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 5. 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 6. Section 501.013, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The manufacturing and logistics division and the
institutional division shall work cooperatively in supervising the
production and sale of arts and crafts under this section.
SECTION 7. 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 8. This Act takes effect September 1, 2003.
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