HBA-KMH H.B. 244 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 244 By: West Corrections 1/12/1999 Introduced BACKGROUND AND PURPOSE Current law does not require person inmates to participate in either work or education programs. Such activities may help imprisonment provide more of a deterrent to crime and increase its value to the individuals upon returning to the general population. H.B. 244 requires physically and mentally capable inmates to participate in work or education programs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 497, Government Code, by adding Section 497.099, as follows: Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. Requires the Texas Department of Criminal Justice (department) to require an inmate to participate in a work program to the extent the inmate is mentally and physically capable. Authorizes the department to waive the work requirement in order to maintain security. SECTION 2. Amends Subchapter A, Chapter 501, Government Code, by adding Section 501.0051, as follows: Sec. 501.0051. EDUCATION REQUIRED. Requires the department to mandate participation in available educational programing for a high school general equivalency certificate (GEC) by inmates who have not obtained a GEC or high school diploma, if the inmate is not on death row or confined in administrative segregation or close custody, and the department had not determined the inmate lacks the necessary learning ability to earn a GEC. Authorizes the department to limit participation in the educational programming based on the program's capacity and an inmate's release date. SECTION 3. Repealer: Section 497.090, Government Code (Work Required). This section currently states that the department shall require each inmate to work, to the extent that the inmate is physically capable of working. SECTION 4. Emergency clause. Effective date: upon passage.