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  80R15585 KCR-D
 
  By: Madden H.B. No. 2990
 
Substitute the following for H.B. No. 2990:
 
  By:  Madden C.S.H.B. No. 2990
 
A BILL TO BE ENTITLED
AN ACT
relating to use of certain electronic monitoring technology in
certain correctional facilities by the Texas Department of Criminal
Justice.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 494, Government Code, is amended by
adding Section 494.0111 to read as follows:
       Sec. 494.0111.  ELECTRONIC MONITORING AND TRACKING SYSTEMS.
(a)  In this section, "electronic monitoring and tracking system"
means an electronic monitoring system that:
             (1)  tracks in real time the location of a person
wearing a remote transmitter through the constant sending and
receiving of signals between a centralized monitoring center and
the remote transmitter and alerts a centralized monitoring center
when preestablished criteria, including unauthorized entrances and
exits from a correctional facility, are violated;
             (2)  is compatible with the wireless transmission of
information and has sufficient bandwidth to support additional
wireless networking devices; and
             (3)  is capable of:
                   (A)  recording an inmate's attendance at a program
or class the inmate is required to attend; and
                   (B)  recording information that may be stored for
at least six months.
       (b)  In any correctional facility the construction of which
begins on or after September 1, 2007, the department shall ensure
that the correctional facility is designed and built to use an
electronic monitoring and tracking system to monitor effectively
and efficiently the physical location and safety of:
             (1)  all inmates housed by the department in the
facility;
             (2)  all employees of the department working in the
facility;
             (3)  all third-party vendors or other contractors who
work in the facility; and
             (4)  all visitors to the facility who are granted
access to areas of the facility to which only employees are normally
admitted.
       (c)  In any correctional facility the construction of which
began before September 1, 2007, the department may retrofit the
correctional facility to use an electronic monitoring and tracking
system to monitor effectively and efficiently the physical location
and safety of:
             (1)  all inmates housed by the department in the
facility;
             (2)  all employees of the department working in the
facility;
             (3)  all third-party vendors or other contractors who
work in the facility; and
             (4)  all visitors to the facility who are granted
access to areas of the facility to which only employees are normally
admitted.
       (d)  The department shall require all individuals described
by Subsections (b) and (c) to wear radio frequency identification
transmitters while they are housed, working in, or visiting a
facility that is designed and built or retrofitted to use an
electronic monitoring and tracking system.
       SECTION 2.  This Act takes effect September 1, 2007.