HBA-NIK, NIK, PDH H.B. 812 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 812
By: Jones, Jesse
Corrections
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Criminal Justice (TDCJ) contracts out
inmates to perform dataentry work for various business and governmental
entities.  Depending on the type of contract, the inmate  may have access
to information on a person that is considered personal and sensitive.  The
public has raised concerns regarding confined inmates' access to such
information. 

H.B. 812 prohibits the Texas Department of Criminal Justice from entering
into a contract with a private business or public entity that allows access
to personal information about persons who are not confined to inmates
required to register as sex offenders.  If TDCJ enters into this type of
contract, it is required to search the inmates as they enter and leave the
work area. 
 
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 A, Chapter 497, Government Code, by adding
Section 497.011, as follows: 

Sec. 497.011.  CERTAIN CONTRACTS PROHIBITED; SEARCHES.  Prohibits the Texas
Department of Criminal Justice from entering into a contract with a private
business or public entity if the contract requires or permits an inmate
confined in a correctional facility to have access to personal information
about non-inmates and the inmate is serving a sentence for an offense for
which a defendant is required to register as a sex offender  under Chapter
62 (Sex Offender Registration Program), Code of Criminal Procedure.
Requires the department to require an inmate to submit to a personal search
by department personnel upon entering and leaving a work area if the
department enters into a contract with a private business or public entity
that requires or permits an inmate confined in a correctional facility to
have access to personal information about non-inmates. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.