By: Giddings H.B. No. 3286
 
 
A BILL TO BE ENTITLED
AN ACT
relating to offender education facilitation.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1.001(b), Education Code, is amended to
read as follows:
       (b)  Except as provided by Chapter 18, Chapter 19, Subchapter
A, Chapter 29, or Subchapter E, Chapter 30, this code does not apply
to students, facilities, or programs under the jurisdiction of the
Department of Aging and Disability Services, the Department of
State Health Services, the Health and Human Services Commission,
the Texas Youth Commission, the Texas Department of Criminal
Justice, any federal corrections agency, a Job Corps program
operated by or under contract with the United States Department of
Labor, or any juvenile probation agency.
       SECTION 2.  Section 19.005, Education Code, is amended by
adding subsections (c), (d), and (e) to read as follows:
       (c)  Each institution of higher education or private or
independent institution of higher education that operates under
this Chapter shall accept the Test of Adult Basic Education scores
for purposes of placement in academic courses for persons under the
jurisdiction of the Texas Department of Criminal Justice.
       (d)  Each institution of higher education or private or
independent institution of higher education that receives state
funding shall provide transcripts of persons under the jurisdiction
of the Texas Department of Criminal Justice or persons under the
jurisdiction of the federal government to other institutions of
higher education or private or independent institutions of higher
education that receive state funding.
       (e)  Offenders in federal custody located in the state of
Texas and persons in the custody of the Texas Department of Criminal
Justice shall be considered residents of this state for purposes of
tuition and other educational opportunities at institutions of
higher education.
       SECTION 3.  Section 499.155, Government Code, is amended by
amending subsection (a) and adding subsection (b-1) to read as
follows:
       (a)  Except as provided by Subsections Subsection (b) and 
(b-1), the institutional division may not confine an inmate
described by Section 499.152 in a transfer facility authorized by
this subchapter for a period that exceeds the maximum period for
which a state jail felon may be confined in a state jail felony
facility under Section 12.35, Penal Code.
       (b-1)  An inmate in a transfer facility authorized by this
subchapter may be retained in that facility past the period
specified by Subsection (a) if retention in the facility would
allow the completion of an educational degree.
       SECTION 4.  Section 507.033, Government Code, is amended by
adding subsection (c) to read as follows:
       (c)  State jail facilities within the Texas Department of
Criminal Justice may be profiled to accept offenders for college
programs.  An offender may request transfer to such a facility that
provides college programming.
       SECTION 5.  Section 508.183, Government Code, is amended by
adding subsection (c) to read as follows:
       (c)  The Texas Department of Criminal Justice shall adopt
rules allowing an offender to receive early release based on
academic success.
       SECTION 6.  This bill is effective September 1, 2007.