By: Giddings (Senate Sponsor - Huffines) H.B. No. 1810
         (In the Senate - Received from the House May 14, 2015;
  May 15, 2015, read first time and referred to Committee on Criminal
  Justice; May 22, 2015, reported favorably by the following vote:  
  Yeas 6, Nays 1; May 22, 2015, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         WhitmireX
         HuffmanX
         BurtonX
         CreightonX
         HinojosaX
         MenéndezX
         PerryX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the sale of prison-made products to certain persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 497.021, Government Code, is amended to
  read as follows:
         Sec. 497.021.  AUTHORITY. This subchapter governs the sale
  of prison-made products [to governmental agencies].
         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;
               (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 vendor that contracts with the
  department under Chapter 495 to manufacture for or sell to that
  private vendor prison-made articles or products;
               (4)  an employee or retired employee of a state agency,
  as defined by Section 2052.101, to sell to that employee or retired
  employee prison-made articles or products; or
               (5)  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 497.025, Government Code, is amended by
  adding Subsections (d), (e), and (f) to read as follows:
         (d)  The board shall adopt rules and develop best practices
  governing the purchase of articles and products under this
  subchapter by a private vendor that contracts with the department
  under Chapter 495, provided that:
               (1)  the articles and products may be shipped or used
  only in this state and may not be resold or transferred to another
  facility in this state that is not operating under a contract with
  the department at the time of the transfer; and
               (2)  the office may not sell articles and products to a
  private vendor if the private vendor currently purchases the
  articles or products from a private business that has its primary
  place of business in this state.
         (e)  The board shall:
               (1)  for the purpose of verifying compliance with this
  subchapter, require a private vendor described by Subsection (d) to
  identify the businesses with whom the vendor currently purchases
  the same or similar items for the preceding 12 months before placing
  an order with the office; and 
               (2)  report any savings realized by a private vendor
  described by Subsection (d) under this subchapter to the
  legislature in the department's annual fiscal year review.
         (f)  The board shall adopt rules governing the purchase of
  articles and products under this subchapter by an employee or
  retired employee of a state agency, as defined by Section 2052.101.  
  The rules must provide that articles and products may be shipped and
  used only in this state and may not be resold.  In adopting the
  rules, the board shall determine:
               (1)  the articles and products available for purchase;
               (2)  the minimum quantity or price of an order;
               (3)  the delivery and production schedule; and
               (4)  any other factors relevant to ensuring that the
  office is not impeded in effectively meeting the purposes of this
  subchapter.
         SECTION 4.  Section 497.028, Government Code, is amended to
  read as follows:
         Sec. 497.028.  CATALOGS. The office shall prepare catalogs
  that accurately and completely describe articles and products
  produced under this subchapter. The office shall send copies of the
  catalogs to all state agencies and make the catalogs available to
  political subdivisions, private vendors that contract with the
  department under Chapter 495, and employees and retired employees
  of state agencies, as defined by Section 2052.101.
         SECTION 5.  Not later than August 31, 2016, the Texas Board
  of Criminal Justice shall adopt rules as required by Sections
  497.025(d) and (f), Government Code, as added by this Act.
         SECTION 6.  This Act takes effect September 1, 2015.
 
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