BILL ANALYSIS

Senate Research Center                                                                                                 C.S.S.B. 159

79R8969 MFC-F                                                                                                                 By: Eltife

                                                                                                                                   Criminal Justice

3/29/2005

Committee Report (Substituted)

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

A recent attorney general opinion concluded that the use of county inmate labor at events that are a joint venture between the county and a nonprofit organization is not permitted under current law.

C.S.S.B. 159 amends Article 43.10, Code of Criminal Procedure, to permit use of county inmate labor for maintenance and related services for certain nonprofit organizations that provide a public service.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 43.10, Code of Criminal Procedure, to authorize the prisoners to which this article applies to be put to labor providing maintenance and related services to certain nonprofit tax-exempt organizations provided that, at the sheriff's request, the commissioners court determines that the nonprofit organization provides a public service to the county or to a political subdivision located in whole or in part in the county. 

SECTION 2.  Provides that the change in law made by this Act applies to a person who is convicted of an offense with respect to which Article 43.10, Code of Criminal Procedure, applies, regardless of whether the conviction occurs before, on, or after the effective date of this Act.

SECTION 3.  Effective date: upon passage or September 1, 2005.