79R9362 PEP-D

By:  Allen of Dallas                                              H.B. No. 2360



A BILL TO BE ENTITLED

AN ACT

relating to a pilot project to study the feasibility and 
effectiveness of contracting for commissary operations in certain 
correctional facilities.
	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.  PILOT PROJECT ON CONTRACTING FOR COMMISSARY 
OPERATIONS.  (a)  The department shall establish a pilot project to 
examine the feasibility and effectiveness of entering into a 
contract with a private vendor under which:
		(1)  the vendor manages commissary operations in 
facilities operated by or under contract with the department; and
		(2)  the department receives a fixed rate of return.                   
	(b)  The department shall operate the pilot project at not 
fewer than five correctional facilities, including at least one 
state jail felony facility and at least one facility operated by a 
private vendor under contract with the department.
	(c)  A commissary participating in the pilot project must be 
operated in accordance with policies and standards adopted by the 
department.
	(d)  Not later than December 1, 2006, the department shall 
prepare a report on the feasibility and effectiveness of entering 
into a contract with a private vendor for commissary operations as 
indicated by the pilot project, including any recommendations for 
legislation.  The department shall deliver a copy of the report to 
the governor, the lieutenant governor, the speaker of the house of 
representatives, and the chair of the standing committee of each 
house of the legislature with primary jurisdiction over corrections 
issues.
	(e)  This section expires January 1, 2007.                              
	SECTION 2.  The Texas Department of Criminal Justice shall 
implement the pilot project required by Section 495.025, Government 
Code, as added by this Act, not later than November 1, 2005.
	SECTION 3.  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.