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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of pay telephone service to inmates |
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confined in facilities operated by the Texas Department of Criminal |
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Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 495, Government Code, is |
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amended by adding Section 495.025 to read as follows: |
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Sec. 495.025. INMATE PAY TELEPHONE SERVICE. (a) The board |
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shall request proposals from private vendors for a contract to |
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provide pay telephone service to eligible inmates confined in |
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facilities operated by the department. The board may not consider a |
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proposal or award a contract to provide the service unless under the |
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contract the vendor: |
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(1) provides for installation, operation, and |
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maintenance of the service without any cost to the state; |
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(2) pays the department a commission of 40 percent of |
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the gross revenue received from the use of any service provided; |
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(3) provides a system with the capacity to: |
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(A) compile approved inmate call lists; |
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(B) verify numbers to be called by inmates, if |
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necessary; |
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(C) oversee entry of personal identification |
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numbers; |
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(D) use a biometric identifier of the inmate |
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making the call; |
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(E) generate reports to department personnel on |
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inmate calling patterns; |
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(F) network all individual facility systems |
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together to allow the same investigative monitoring from department |
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headquarters that is available at each facility; and |
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(G) use cellular telephone detection technology |
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that is integrated with the inmate pay telephone service; |
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(4) provides on-site monitoring of calling patterns |
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and customizes technology to provide adequate system security; |
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(5) provides a fully automated system that does not |
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require a department operator; |
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(6) provides for periodic review by the state auditor |
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of documents maintained by the vendor regarding billing procedures |
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and statements, rate structures, computed commissions, and service |
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metering; |
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(7) ensures that a ratio of not greater than 30 inmates |
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per communication device is maintained at each facility; |
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(8) ensures that no charge will be assessed for an |
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uncompleted call and that the charge for local calls will not be |
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greater than the highest rate for local calls for inmates in county |
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jails; and |
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(9) ensures that each eligible inmate or person acting |
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on behalf of an inmate may prepay for the service. |
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(b) The board shall award a contract to a single private |
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vendor to install, operate, and maintain the inmate pay telephone |
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service. The initial term of the contract may not be less than five |
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years. The contract must provide for automatic renewal of the |
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contract annually until the vendor's capital expenditures are |
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recouped. The board shall conduct an annual review to determine the |
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vendor's capital payback for that year. |
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(c) Subject to board approval, the department may adopt |
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rules setting additional requirements for a contract awarded under |
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this section. |
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(d) The department shall transfer 50 percent of all |
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commissions paid to the department by a vendor under this section to |
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the compensation to victims of crime fund established by Subchapter |
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B, Chapter 56, Code of Criminal Procedure, and the other 50 percent |
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to the credit of the undedicated portion of the general revenue |
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fund, except that the department shall transfer the first $10 |
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million of the commissions collected in any given year under a |
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contract awarded under this section to the compensation to victims |
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of crime fund established by Subchapter B, Chapter 56. This section |
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does not reduce any appropriation to the department. |
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(e) Subject to board approval, the department shall adopt |
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rules governing the use of the pay telephone service by an inmate |
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confined in a facility operated by the department, including a rule |
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governing the eligibility of an inmate to use the service. The |
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rules adopted under this subsection may not unduly restrict calling |
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patterns or volume and must allow for calling patterns to be not |
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less than the national average call usage rate. |
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(f) The department shall ensure that the inmate is allowed |
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to communicate only with persons who are on a call list that is |
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preapproved by the department. Except as provided by Subsection |
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(g), the department shall ensure that all communications under this |
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section are recorded and preserved for a reasonable period of time |
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for law enforcement and security purposes. |
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(g) The department shall ensure that no confidential |
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attorney-client communication is monitored or recorded by the |
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department or any person acting on the department's behalf and |
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shall provide to the vendor the name and telephone number of each |
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attorney who represents an inmate to ensure that communication |
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between the inmate and the attorney is not monitored or recorded. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, the Texas Board of Criminal Justice shall award a contract |
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under Section 495.025, Government Code, as added by this Act, not |
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later than January 1, 2008. |
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(b) If this Act does not take effect immediately, the Texas |
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Board of Criminal Justice shall award a contract under Section |
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495.025, Government Code, as added by this Act, not later than March |
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1, 2008. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |