HBA-TBM H.B. 1314 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1314
By: Hopson
Corrections
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Inmates classified as sex offenders by the Texas Department of Criminal
Justice (TDCJ) sometimes file grievances and lawsuits, often at taxpayer
expense, that argue that TDCJ does not have statutory authority to require
the inmates to participate in sex offender treatment programs.  Preventing
inmates who do not participate in such programs from receiving credit for
good conduct time may curb this legalistic impulse. House Bill 1314
authorizes TDCJ to withhold an inmate's good conduct time credits for
refusal to participate in sex offender treatment 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. 

ANALYSIS

House Bill 1314 amends the Government Code to modify provisions allowing an
inmate to earn good conduct time that applies only to eligibility for
parole or mandatory supervision.  The bill authorizes the Texas Department
of Criminal Justice (department) to grant good conduct time only to an
inmate the department finds is actively engaged in a treatment program, if
required by law or department policy, as well as an agricultural,
vocational, or educational endeavor, or an industrial program or other work
program, unless the department determines the inmate is not capable of
participating in the programs or endeavors. 

EFFECTIVE DATE

September 1, 2001.