78R6919 EMT-D

By:  Hodge                                                        H.B. No. 1711



A BILL TO BE ENTITLED

AN ACT

relating to the provision of telephone service to inmates and 
defendants confined in facilities operated by the Texas Department 
of Criminal Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 495, Government Code, is 
amended by adding Section 495.026 to read as follows:
	Sec. 495.026.  TELEPHONE SERVICE.  (a)  The department shall 
request proposals from private vendors for contracts to provide 
telephone service to inmates and defendants confined in facilities 
operated by the department.  The department may not consider a 
proposal or award a contract to provide the service unless under the 
contract the vendor:
		(1)  provides for installation, operation, and 
maintenance of the service without any cost to the state;
		(2)  ensures that standard equipment that meets 
specifications established by the department will be used;
		(3)  stations at each facility or group of proximately 
located facilities one or more employees who:
			(A)  compile inmate or defendant calling lists;                       
			(B)  verify numbers to be called by inmates or 
defendants, if necessary;
			(C)  enter data for personal identification 
numbers; and            
			(D)  generate reports to department personnel on 
inmate or defendant calling patterns;
		(4)  provides on-site monitoring of calling patterns 
and customizes technology to provide adequate system security;
		(5)  provides a fully automated system that does not 
require a department operator;
		(6)  has the capability to limit the duration and 
frequency of calls to detect and prevent excessive use of the system 
by an inmate or defendant and to reduce the likelihood of a 
significant financial burden on an inmate's or defendant's family;
		(7)  ensures that the local exchange company that 
provides local exchange service in the area of the facility or group 
of proximately located facilities has the option to carry all calls 
from any facility in the applicable area on payment to the 
department of a reasonable commission based on criteria established 
by the department;
		(8)  pays the department a reasonable commission based 
on the total amount billed for inmate or defendant telephone usage;
		(9)  ensures that digital recording systems are used;                  
		(10)  ensures that a ratio of not greater than 30 
inmates or defendants per telephone is maintained in each facility;
		(11)  provides for periodic review by the department or 
an independent entity of documents maintained by the vendor 
regarding billing procedures and statements, rate structures, 
computed commissions, and call metering;
		(12)  provides for the use of published tariffs;                       
		(13)  ensures that no charge will be assessed for an 
uncompleted call and that no excessive charge will be assessed for a 
local call; and
		(14)  submits to an annual independent financial audit.                
	(b)  The department may award a contract to one or more 
private vendors to provide the telephone service.  The term of the 
contract may not be more than four years.  The contract may contain 
an option allowing the department to elect to renew the contract for 
a second term of not more than four years.
	(c)  If the department determines during or at the end of the 
contract period that the telephone service provided under the 
contract is of a sufficient quality and is cost-effective, the 
department shall request additional proposals for contracts and 
award one or more contracts as provided by this section.
	(d)  The department shall transfer all commissions paid to 
the department by a vendor under this section to the comptroller for 
deposit in the state treasury to the credit of the undedicated 
portion of the general revenue fund.
	(e)  The department may adopt rules, subject to board 
approval, setting additional requirements for contracts that may be 
awarded under this section.
	SECTION 2.   This Act takes effect September 1, 2004.