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.