HBA-EVB S.B. 365 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 365
By: Brown
Corrections
4/23/1999
Engrossed



BACKGROUND AND PURPOSE 

The scope of Texas' criminal justice system is vast: 431,000 Texans are
serving sentences on community supervision, 143,000 offenders are
incarcerated by the state in 107 prisons and state jails, and 80,000 former
inmates are supervised on parole.  Managing this system is the Texas
Department of Criminal Justice (TDCJ), the state's largest agency, with an
annual budget of more than $2 billion and some 39,000 employees.  While the
state formerly had separate agencies that operated each part of this
system, in 1989, the legislature consolidated all state criminal justice
functions into TDCJ. The department runs this system by funding and
overseeing local community supervision and corrections departments;
building and operating prisons, state jails, substance abuse centers, and
other facilities; and directly supervising offenders released on parole and
mandatory supervision. 

TDCJ is subject to the Sunset Act and will be abolished on September 1,
1999, unless continued in existence by the legislature.  As a result of its
review of TDCJ, the Sunset Advisory Commission recommended the continuation
of TDCJ and several statutory modifications that are contained in this
legislation. 

S.B. 365 continues TDCJ for a 12-year period and makes statutory
modifications recommended by the Sunset Advisory Commission.  This bill
allows the reorganization of divisions within the department; redirects the
parole process to produce more consistent and cohesive parole policies; and
revises funding sources for community supervision and corrections
departments to balance programming flexibility with performance
accountability. 

This bill also expands the capacity of the Private Sector Prison Industries
Oversight Authority to oversee the Texas Correctional Industries program;
improves the placement of inmates in prison work programs to reduce
recidivism; and requires probationers in substance abuse residential
aftercare programs to pay fees. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Board of Criminal Justice is
modified in SECTION 1.16 (Section 497.004, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1

SECTION 1.01.  Amends Section 492.003, Government Code, as follows:

Sec. 492.003.  ELIGIBILITY FOR MEMBERSHIP; REMOVAL.  Defines "texas trade
association" for the purposes of this section.   Updates standard Sunset
language prohibiting conflicts of interest by the Texas Board of Criminal
Justice (board) members and Texas Department of Criminal Justice
(department) employees by applying it to exempt employees instead of
employees identified in the old position classification salary schedule and
clarifying trade associations as operating in Texas.  Updates standard
Sunset language requiring board appointments to be made without bias by
changing "handicap" to "disability."  Updates standard Sunset language
specifying the grounds for removing board  members to clarify when they
meet the qualifications to take office, and specifies procedures for
notification of the board's presiding officer, the governor, and the
attorney general if knowledge that a potential ground for removal exists.
Redesignates existing Subsections (d)(g) to Subsections (e)-(h).  Makes
nonsubstantive changes. 

SECTION 1.02.  Amends Chapter 492, Government Code, by adding Section
492.0031, as follows: 

Sec. 492.0031.  TRAINING PROGRAM FOR MEMBERS.  Requires the members of the
board to complete training before assuming their duties.  Provides that the
training program must provide the person with information regarding the
creation of the department and the board, programs operated by the
department, and the role, functions, and budget of the department, and
other statutory requirements and procedures. Provides that a person
appointed to the board is entitled to reimbursement for travel expenses
incurred in attending the training program. 

SECTION 1.03.  Amends Section 492.004, Government Code, as follows:

Sec.  492.004.  NOTICE OF QUALIFICATIONS, RESPONSIBILITIES.  Updates
standard Sunset language by requiring the executive director or the
executive director's designee, instead of the board, to inform employees
and board members of the qualifications for office or employment and each
person's responsibilities under the law.  Deletes existing text. 

SECTION 1.04.  Amends Section 492.006, Government Code, as follows:

Sec. 492.006.  BOARD MEETINGS.  Requires the board to allow the Board of
Pardons and Paroles presiding officer or designee to present  information
relating to the parole system to the board; and allow the chairman of the
judicial advisory council to the community justice assistance division and
to the board to present to the board any item relating to the operation of
the community justice system determined by the chairman to require the
board's consideration.  Deletes existing language regarding the requirement
that the chairman of the board provide notice of and facilitate attendance
at meetings. 

SECTION 1.05.  Amends Section 492.012, Government Code, as follows:

Sec. 492.012.  SUNSET PROVISION.  Establishes that the board and the
department are abolished September 1, 2011, rather than September 1, 1999. 

SECTION 1.06.  Amends Section 492.013, Government Code, as follows:

Sec. 492.013. GENERAL POWERS AND DUTIES OF BOARD.  Requires the board to
clearly separate its policymaking responsibilities from the management
responsibilities of the executive director and staff of the department.
Redesignates existing Subsections (f) and (g) to Subsections (e) and (f).
Makes conforming changes. 

SECTION 1.07.  Amends Chapter 492, Government Code, by adding Section
492.0131, as follows: 

Sec. 492.0131.  PAROLE RULES, POLICIES, PROCEDURES.  Requires the board and
the Board of Pardons and Paroles Policy Board to jointly review rules,
polices, and procedures. Requires the two boards to identify areas of
inconsistency and amend rules or change policies and procedures as
necessary for consistent operation of the parole process. 

SECTION 1.08. Amends Section 493.001, Government Code, providing that the
mission of the department includes assisting victims of crime. 

SECTION 1.09.  Amends Chapter 493, Government Code, by adding Section
493.0021, as follows: 

Sec. 493.0021.  ORGANIZATIONAL FLEXIBILITY.  Allows the executive director,
with board approval, to create and assign powers and duties to new
divisions, to eliminate divisions and assign their duties and powers to
other divisions, and to reorganize divisions  and the distribution of
powers and duties for proper administration of the department. Requires the
executive director to request and consider comments from the judiciary
advisory council to the community justice assistance division of the
department and the board on the impact or organizational changes that would
affect community corrections programs. 

SECTION 1.10.  Amends Section 493.007, Government Code, as follows:

Sec. 493.007.  PERSONNEL.  Updates standard Sunset language on equal
employment opportunity analysis to clarify the content and reporting
requirements of these analyses. Deletes a provision requiring  the division
director to hire division employees.  Deletes the requirement that the
governor deliver a biennial report to the legislature on information
received under this section.  Redesignates existing Subsections (c)-(e) to
Subsections (b)-(d). Makes conforming and nonsubstantive changes. 

SECTION 1.11.  Amends Section 493.016, Government Code, as follows:

Sec. 493.016.  INFORMATION OF PUBLIC INTEREST; COMPLAINTS. Updates standard
Sunset language requiring the department to maintain information on written
complaints filed with the department by specifying the type of information
to include in files and requiring the department to notify the all
department employees and each person filing a complaint regarding the
department's policies and procedures for complaint investigation and
resolution.  Makes conforming and nonsubstantive changes. 

SECTION 1.12.  Amends Section 497.001(b)(2), Government Code, to provide
that "articles and products" includes services provided through the use of
work program participant labor, rather than inmate labor. 

SECTION 1.13.  Amends Section 497.001(b), Government Code, by adding
Subdivision (3), to define "work program participant." 

SECTION 1.14.  Amends Section 497.002(a), Government Code, to simplify the
goals of the office of Texas Correctional Industries (TCI) for reducing
recidivism by providing participants with marketable job skills and
reducing costs by providing products and articles for the department and
selling products and articles for profit to the public, state agencies, and
political subdivisions. 

SECTION 1.15.  Amends Section 497.003 (c), Government Code, to make a
conforming change. 

SECTION 1.16.  Amends Section 497.004, Government Code, as follows:

Sec. 497.004. New title:  LABOR, PAY.  Authorizes the board, by rule to
develop and authorizes the department to administer an incentive pay scale
for work program participants consistent with rules adopted by the Private
Sector Prison Industries Oversight Authority under Subchapter C (Private
Sector Prison Industries Oversight Authority), Chapter 497, Government
Code. Requires the department to apportion pay earned by a work program
participant in the same manner as is required by rules adopted by the
Private Sector Prison Industries Oversight Authority under Section
497.0581. Requires the department to consider a participants'
classification and work availability when assigning job training positions,
and to give priority to participants closest to release from imprisonment
or supervision.  Deletes existing language regarding the requirement for
the department to use inmate labor. Makes conforming and nonsubstantive
changes. 

SECTION 1.17.  Amends Section 497.005, Government Code, as follows:

Sec. 497.005.  New title:  INDUSTRIAL RECEIPTS.  Authorizes TCI to use
money appropriated from the sale of articles and products by TCI.  Deletes
existing text regarding an industrial revolving account. 

SECTION 1.18.  Amends Section 497.006, Government Code, to require the
department to count the number of work program participants participating
in a program under a contract entered into  under this section in
determining under Section 497.062 the number of participants participating
in private sector prison industries. Makes conforming and nonsubstantive
changes. 

SECTION 1.19.  Amends Section 497.007, Government Code, to make conforming
and nonsubstantive changes. 

SECTION 1.20.  Amends Section 497.009, Government Code, to make conforming
and nonsubstantive changes. 

SECTION 1.21.  Amends Section 497.025(a), Government Code, to require the
department and the General Services Commission (commission) to enter into
an agreement to expedite the process by which agencies are required to
requisition purchases of articles or products through the commission. 

SECTION 1.22.  Amends Section 497.051(b), Government Code, to define
"authority" and "participant." 

SECTION 1.23.  Amends Section 497.058(a), Government Code, to make
conforming and nonsubstantive changes. 

SECTION 1.24.   Amends Section 497.0581, Government Code, as follows:

 Sec. 497.0581. New title:  PARTICIPANT CONTRIBUTIONS.  Makes conforming
changes. 

SECTION 1.25.  Amends Section 497.060, Government Code, to make conforming
changes. 

SECTION 1.26.  Amends Section 497.061, Government Code, to make conforming
changes. 

SECTION 1.27. Amends Section 497.062, Government Code, to make a conforming
change in the title as well as the text. 

SECTION 1.28.   Amends Section 497.094 (a), Government Code, to require the
department to create or formalize job training programs for each job
performed by an inmate, defendant, or releasee in a department facility.
Requires the department to keep records on job training and provide a copy
of these records to participants upon release. 

SECTION 1.29.  Amends Section 497.095, Government Code, to require the
department to keep work records for each participant in a work program in a
department facility. Expands the information in these records to include
performance evaluations, and requires the department to provide a copy of
this work record to participants upon release.  Makes conforming and
nonsubstantive changes. 

SECTION 1.30.  Amends Subchapter E, Chapter 497, Government Code, by adding
Section 497.099, as follows: 

Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. Requires the
department to require all those capable housed in a department facility to
work in an agricultural, industrial, or other work program.  Authorizes the
department to waive work requirements to maintain security or to permit
rehabilitative programming. 

SECTION 1.31. Amends Section 498.003(a), Government Code, to include
treatment programs with other programs for which the department is
authorized to grant good conduct time to inmates. Makes a conforming
change. 

SECTION 1.32. Amends Section 509.011, Government Code, by adding
Subsections (g) and (h), to authorize  the department to reduce per capita
and formula funding for community supervision and corrections departments
(CSCDs) that have more than two months' basic supervision operating costs
in reserves.  Authorizes the department  to adopt policies and standards
permitting CSCDs  to exceed the two month cap.  Authorizes the department
to distribute unallocated funds to CSCDs for community supervision and
corrections purposes. Authorizes CSCDs to return unexpended funds to the
department. Authorizes the department to distribute funds received from
CSCDs to provide supplemental funds to individual departments to further
the purposes of this chapter. 
 
SECTION 1.33.  Amends Section 2251.001(8), Government Code, to define the
term "vendor" to include TCI.  

SECTION 1.34.  Amends Section 8(a), Article 42.09, Code of Criminal
Procedure,  to specify that CSCDs must send presentence or postsentence
investigation reports to the department only if one is prepared. 

SECTION 1.35.  Amends Section 9(k), Article 42.12, Code of Criminal
Procedure, to authorize, rather than require, a postsentence investigation
report to be prepared when not otherwise required under this section. Makes
conforming changes. 

SECTION 1.36.  Amends Section 14,  Article 42.12, Code of Criminal
Procedure, as amended by Chapter 321, Acts of the 74th Legislature, Regular
Session, 1995, by amending Subsection (c) and by adding Subsection (e), to
require defendants on community supervision to pay a fee for residential
aftercare required as part of the treatment plan. Requires the clerk of a
court that collects fees imposed to remit the fee to the comptroller, and
requires the comptroller to deposit the fee into the general revenue fund.
Requires the judge, in requiring the payment of a fee,  to consider fines,
fees, and other necessary expenses for which the defendant is obligated in
establishing the amount of the fee. Prohibits the judge from establishing a
fee in an amount greater than 25 percent of the defendant's gross income
while the defendant is a participant in residential aftercare; or requiring
the defendant to pay the fee at any time other than a time at which the
defendant is both employed and a participant in residential aftercare. 

SECTION 1.37.  Amends Section 171.651(2), Tax Code, to define "work program
participant" as defined by Section 497.001 (b), Government Code, and to
delete the existing definition for "inmate."  

SECTION  1.38.  Amends Section 171.653, Tax Code, as follows:

Sec. 171.653.  New title: CREDIT FOR WAGES PAID TO WORK PROGRAM
PARTICIPANT. Makes conforming changes. 

SECTION 1.39. Amends Section 171.654, Tax Code, as follows:

Sec. 171.654.  New title: CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
PROGRAM PARTICIPANT. Makes conforming changes. 

SECTION 1.40. Amends Subchapter L, Chapter 171, Tax Code, as follows:

New title:  SUBCHAPTER L.  TAX CREDIT FOR WAGES PAID TO 
TEXAS DEPARTMENT OF CRIMINAL JUSTICE WORK PROGRAM PARTICIPANTS OR FORMER
PARTICIPANTS 

SECTION 1.41. Repealer:  Section 497.090 (Work Required), Government Code.
Section 497.090 requires the department to require each inmate to work, to
the extent that the inmate is physically capable of working. 

ARTICLE 2

SECTION 2.01.  Amends Section 497.052, Government Code, by adding
Subsections (c) and (d), to prohibit a person from being a public member of
the Private Sector Prison Industries Oversight Authority (authority) if the
person or the person's spouse is employed by or participates in the
management of an entity regulated by the authority, conducts business with
the authority, or otherwise has financial ties to the authority or the
regulated industry.  Requires appointments to the authority to be made
without regard to race, color, disability, sex, religion, age, or national
origin. 

SECTION 2.02.  Amends Subchapter C, Chapter 497, Government Code, by adding
Sections 497.0521 through 497.0527, as follows: 

Sec. 497.0521.  CONFLICTS OF INTEREST. Defines Texas "trade association."
Prohibits authority members or their spouses and exempt employees or their
spouses from being an officer or employee of a related Texas trade
association.  Prohibits a registered lobbyist from  serving as a member of
the authority or from being employed as the authority's general counsel. 

Sec. 497.0522.  REMOVAL PROVISIONS.  Specifies the grounds for removing an
authority member and requires notification of the authority's presiding
officer, the governor and the attorney general if knowledge that a
potential ground for removal exists.  Affirms that an action of the
authority is valid even if it is taken when a ground for removal exists for
one of the members. 

Sec. 497.0523.  INFORMATION:  REQUIREMENTS FOR OFFICE OR EMPLOYMENT.
Requires the executive director or a designee to inform authority members
and agency employees of the qualifications for office or employment and
each person's responsibilities under the law. 

Sec. 497.0524.  TRAINING PROGRAM. Requires the members of the authority to
complete training, as described by this section, before assuming their
duties.  Entitles members to reimbursement for expenses incurred in
attending the training program. 

Sec.  497.0525.  POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. Requires the
authority to clearly separate its policymaking responsibilities from the
management responsibilities of the executive director and staff of the
authority. 

Sec.  497.0526.  PUBLIC ACCESS. Requires the authority to give the public
reasonable opportunity to appear before it regarding issues under the
jurisdiction of the authority. 

Sec. 497.0527. COMPLAINTS. Requires the authority to maintain information
on written complaints filed with the authority.  Requires the authority to
notify the parties regarding the authority's policies and procedures for
complaint investigation.  Requires the authority to notify the parties
regarding the status of the complaint quarterly until disposition.  

ARTICLE 3

SECTION 3.01. Amends Section 614.002, Health and Safety Code, as follows:

(c) Prohibits a person from being a public member of the Texas Council on
Offenders with Mental Impairments (council) if the person or the person's
spouse is regulated by the council, conducts business with the council, or
otherwise has financial ties to the council or the regulated industry. 

(d) Prohibits a registered lobbyist from serving as a member of the council
or from being employed as the council's general counsel. 

 (e)  Redesignated from existing Subsection (c).

(f) Redesignated from existing Subsection (d). Requires that appointments
to the council be made without regard to race, color, disability, sex,
religion, age, or national origin. 

(g) Specifies the grounds for removing a council member.

(h) Establishes that an action of the council is valid even if it is taken
when a ground for removal exists for one of the members.  

(i) Requires notification of the council's presiding officer, the governor,
and the attorney general if knowledge that a potential ground for removal
exists.  

(j) Redesignated from existing Subsection (f). Makes conforming changes.

(k) Redesignated from existing Subsection (g).

SECTION 3.02.  Amends Chapter 614, Health and Safety Code, by adding
Sections 614.003 and 614.0031, as follows: 
 
Sec. 614.003.  INFORMATION:  REQUIREMENTS FOR OFFICE OR EMPLOYMENT.
Requires the executive director or a designee to inform council members and
employees of the qualifications of office or employment and each person's
responsibilities under the law. 

Sec. 614.0031.  TRAINING PROGRAM. Requires the members of the council to
complete the training, as described by this section, before assuming their
duties.  Entitles council appointees to reimbursement for expenses incurred
in attending the training program. 

SECTION 3.03.  Amends Section 614.005(a), Health and Safety Code, to
require the governor to designate the presiding officer of the council.
Deletes existing language regarding the requirement for the council to
elect a presiding officer at the first meeting of each calendar year. 

SECTION 3.04.  Amends Section 614.007, Health and Safety Code, to require
the council to clearly separate its policymaking responsibilities from the
management responsibilities of the staff of the council.   

SECTION 3.05.  Amends Chapter 614, Health and Safety Code, by adding
Sections 614.010, 614.0101, and 614.0102, as follows: 

Sec. 614.010. PERSONNEL. Requires the executive director or designee to
develop an equal employment opportunity policy with certain provisions that
is annually updated, reviewed by the state Commission on Human Rights, and
filed with the governor's office. 

Sec. 614.0101. PUBLIC ACCESS. Requires the council to give the public
reasonable opportunity to appear before it regarding issues under the
jurisdiction of the council. 

Sec. 614.0102.  COMPLAINTS.  Requires the council to maintain certain
information on written complaints filed with the council.  Requires the
council to notify the parties regarding the council's policies and
procedures for complaint investigation.  Requires the council to notify the
parties regarding the status of the complaint quarterly until disposition.  

SECTION 3.06. Amends Section 614.017, Health and Safety Code, as follows:

Sec. 614.017. EXCHANGE OF INFORMATION.  Deletes the authorization of an
agency by this chapter to provide continuity of care for a special needs
offender. Authorizes an agency to disclose information relating to a
special needs offender including supervision status and compliance with
conditions of supervision. Sets forth a list of entities that qualify as an
agency and redefines "special needs offender." 

SECTION 3.07. Amends Chapter 614, Health and Safety Code, by adding Section
614.018, as follows: 

Sec. 614.018. USE OF COUNTY JAIL FACILITIES. (a) Requires the council to
conduct a study on strategies for reducing the use of county jails to
provide mental health treatment to persons with mental illness. 

(b) Provides that the study must include an examination of arrest rates and
incarceration practices regarding persons with mental illness, the
feasibility of establishing a regional mental health detention facility as
a pilot facility, and operational issues regarding the establishment of
such a facility. 

(c) Requires the council to file a copy of the study, a synopsis of the
results of the study, and the council's recommendations with the
legislature not later than February 1, 2001. 

(d) Provides that this section expires March 1, 2001.

ARTICLE 4

SECTION 4.01.  Effective date: September 1, 1999.

SECTION 4.02.  Emergency clause.