79R6537 MFC-F

By:  Allen of Dallas                                              H.B. No. 1365



A BILL TO BE ENTITLED

AN ACT

relating to the provision of security and communication technology 
service to inmates and defendants confined in facilities operated 
by or under contract with 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 495.025 to read as follows:
	Sec. 495.025.  SECURITY AND COMMUNICATION TECHNOLOGY 
SERVICE.  (a)  The board shall request proposals from private 
vendors for contracts to provide security and communication 
technology service to personnel of the department and to inmates 
and defendants confined in facilities operated by or under contract 
with the department.  The board 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)  pays the department a commission of 40 percent of 
the gross revenue received from the use of any service provided;
		(3)  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 service metering;
		(4)  reduces the likelihood of a significant financial 
burden on an inmate's or defendant's family for charges related to 
any service;
		(5)  ensures that a ratio of not greater than 30 inmates 
or defendants per communication device is maintained in each 
facility; and
		(6)  ensures that no excessive charge will be assessed 
for any service and that every eligible inmate or defendant or a 
person acting on the inmate's or defendant's behalf may prepay for 
the service.
	(b)  The board shall award a contract to one or more private 
vendors to install, operate, and maintain security and 
communication technology service.  The term of the contract may not 
be less than three years.
	(c)  Security and communication technology services 
permitted under this section include electronic text 
communication, network-based communication, voice communication, 
and videoconferencing communication.  Inmate or defendant access to 
any wireless voice or text communication device, including a mobile 
telephone or digital pager, is not permitted under this section.
	(d)  All money received by the department under this section 
may be appropriated to the department only for use for the operation 
of treatment alternative to incarceration programs.
	(e)  The department shall adopt rules, subject to board 
approval, providing increased access to security and communication 
technology service to every eligible inmate and defendant.
	(f)  The department may adopt rules, subject to board 
approval, setting additional requirements for contracts that may be 
awarded under this section.
	(g)  The department shall ensure that no confidential 
attorney-client communication is ever monitored or recorded by the 
department or any person acting on the department's behalf.
	(h)  If the security and communication technology includes 
voice communication service between an inmate or defendant and a 
person other than the inmate's or defendant's attorney outside a 
facility operated by or under contract with the department, the 
department shall ensure that the inmate or defendant is allowed to 
communicate only with persons who are on a call list that is 
preapproved by the department.  The department shall ensure that 
all communications under this section are recorded and preserved 
for law enforcement and security purposes.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.