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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of prison-made products to certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 497.021, Government Code, is amended to |
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read as follows: |
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Sec. 497.021. AUTHORITY. This subchapter governs the sale |
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of prison-made products [to governmental agencies]. |
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SECTION 2. Section 497.022, Government Code, is amended to |
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read as follows: |
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Sec. 497.022. CONTRACTS. The department may contract with: |
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(1) another state, the federal government, a foreign |
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government, or an agency of any of those governments to manufacture |
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for or sell to those governments prison-made articles or products; |
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(2) a private or independent institution of higher |
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education to manufacture for or sell to that school or institution |
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prison-made articles or products; [or] |
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(3) a private vendor that contracts with the |
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department under Chapter 495 to manufacture for or sell to that |
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private vendor prison-made articles or products; |
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(4) an employee or retired employee of a state agency, |
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as defined by Section 2052.101, to sell to that employee or retired |
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employee prison-made articles or products; or |
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(5) a private school or a visually handicapped person |
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in this state to manufacture Braille textbooks or other |
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instructional aids for the education of visually handicapped |
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persons. |
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SECTION 3. Section 497.025, Government Code, is amended by |
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adding Subsections (d), (e), and (f) to read as follows: |
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(d) The board shall adopt rules and develop best practices |
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governing the purchase of articles and products under this |
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subchapter by a private vendor that contracts with the department |
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under Chapter 495, provided that: |
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(1) the articles and products may be shipped or used |
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only in this state and may not be resold or transferred to another |
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facility in this state that is not operating under a contract with |
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the department at the time of the transfer; and |
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(2) the office may not sell articles and products to a |
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private vendor if the private vendor currently purchases the |
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articles or products from a private business that has its primary |
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place of business in this state. |
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(e) The board shall: |
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(1) for the purpose of verifying compliance with this |
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subchapter, require a private vendor described by Subsection (d) to |
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identify the businesses with whom the vendor currently purchases |
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the same or similar items for the preceding 12 months before placing |
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an order with the office; and |
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(2) report any savings realized by a private vendor |
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described by Subsection (d) under this subchapter to the |
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legislature in the department's annual fiscal year review. |
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(f) The board shall adopt rules governing the purchase of |
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articles and products under this subchapter by an employee or |
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retired employee of a state agency, as defined by Section 2052.101. |
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The rules must provide that articles and products may be shipped and |
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used only in this state and may not be resold. In adopting the |
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rules, the board shall determine: |
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(1) the articles and products available for purchase; |
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(2) the minimum quantity or price of an order; |
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(3) the delivery and production schedule; and |
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(4) any other factors relevant to ensuring that the |
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office is not impeded in effectively meeting the purposes of this |
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subchapter. |
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SECTION 4. Section 497.028, Government Code, is amended to |
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read as follows: |
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Sec. 497.028. CATALOGS. The office shall prepare catalogs |
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that accurately and completely describe articles and products |
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produced under this subchapter. The office shall send copies of the |
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catalogs to all state agencies and make the catalogs available to |
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political subdivisions, private vendors that contract with the |
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department under Chapter 495, and employees and retired employees |
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of state agencies, as defined by Section 2052.101. |
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SECTION 5. Not later than August 31, 2016, the Texas |
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Department of Criminal Justice shall adopt rules as required by |
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Sections 497.025(d) and (e), Government Code, as added by this Act. |
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SECTION 6. This Act takes effect September 1, 2015. |