79R9001 GWK-D
By: Allen of Dallas H.B. No. 2839
A BILL TO BE ENTITLED
AN ACT
relating to the participation of state and county inmates in the
production of certain goods and the provision of certain services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 43.10, Code of Criminal Procedure, is
amended to read as follows:
Art. 43.10. MANUAL LABOR. Where the punishment assessed in
a conviction for misdemeanor is confinement in jail for more than
one day, or where in such conviction the punishment is assessed only
at a pecuniary fine and the party so convicted is unable to pay the
fine and costs adjudged against him, or where the party is sentenced
to jail for a felony or is confined in jail after conviction of a
felony, the party convicted shall be required to work in the county
jail industries program or shall be required to do manual labor in
accordance with the provisions of this article under the following
rules and regulations:
1. Each commissioners court may provide for the erection of
a workhouse and the establishment of a county farm in connection
therewith for the purpose of utilizing the labor of said parties so
convicted;
2. Such farms and workhouses shall be under the control and
management of the sheriff, and the sheriff may adopt such rules and
regulations not inconsistent with the rules and regulations of the
Commission on Jail Standards and with the laws as the sheriff deems
necessary;
3. Such overseers and guards may be employed by the sheriff
under the authority of the commissioners court as may be necessary
to prevent escapes and to enforce such labor, and they shall be paid
out of the county treasury such compensation as the commissioners
court may prescribe;
4. They shall be put to labor upon public works and
maintenance projects, including public works and maintenance
projects for a political subdivision located in whole or in part in
the county, or for a nonprofit organization in accordance with
rules adopted by the commissioners court designating which
convicted parties and which nonprofit organizations may
participate in the projects;
5. One who from age, disease, or other physical or mental
disability is unable to do manual labor shall not be required to
work. His inability to do manual labor may be determined by a
physician appointed for that purpose by the county judge or the
commissioners court, who shall be paid for such service such
compensation as said court may allow; and
6. For each day of manual labor, in addition to any other
credits allowed by law, a defendant is entitled to have one day
deducted from each sentence he is serving. The deduction
authorized by this article, when combined with the deduction
required by Article 42.10 of this code, may not exceed two-thirds
(2/3) of the sentence.
SECTION 2. Section 497.022, Government Code, is amended to
read as follows:
Sec. 497.022. CONTRACTS. The department may contract with:
(1) another state, the federal government, a foreign
government, or an agency of any of those governments to manufacture
for or sell to those governments prison-made articles or products;
[or]
(2) a private or independent institution of higher
education to manufacture for or sell to that school or institution
prison-made articles or products; or
(3) a private school or a visually handicapped person
in this state to manufacture Braille textbooks or other
instructional aids for the education of visually handicapped
persons.
SECTION 3. Section 497.006, Government Code, is amended to
read as follows:
Sec. 497.006. CONTRACTS WITH PRIVATE BUSINESS. (a) To
encourage the development and expansion of prison industries, the
prison industries office may enter into necessary contracts related
to the prison industries program.
(b) With the approval of the board, the office may enter
into a contract with a private business to conduct a program on or
off property operated by the department. A contract entered into
under this section must comply with the Private Sector/Prison
Industry Enhancement Certification Program operated by the Bureau
of Justice Assistance and authorized by 18 U.S.C. Section 1761. In
determining under Section 497.062 the number of participants
participating in private sector prison industries programs, the
department shall count the number of work program participants
participating in a program under a contract entered into under this
section. Not more than 500 work program participants may
participate in programs under contracts entered into under this
subsection [section].
(c) Subsection (b) does not apply to the provision of
services under a contract for which the Private Sector/Prison
Industry Enhancement Certification Program operated by the Bureau
of Justice Assistance and authorized by 18 U.S.C. Section 1761 does
not require certification.
SECTION 4. Section 497.010(c), Government Code, is amended
to read as follows:
(c) It is an exception to the application of this section
that the article or product sold is:
(1) a state flag or similar item produced for sale or
distribution by the legislature under Section 301.034; or
(2) a service provided under a contract for which the
Private Sector/Prison Industry Enhancement Certification Program
operated by the Bureau of Justice Assistance and authorized by 18
U.S.C. Section 1761 does not require certification.
SECTION 5. 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.