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H.B. No. 2839
AN ACT
relating to the participation of state inmates in the production of
certain goods and the provision of certain services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 497.022, Government Code, is amended to
read as follows:
Sec. 497.022. CONTRACTS. The department may contract with:
(1) another state, the federal government, a foreign
government, or an agency of any of those governments to manufacture
for or sell to those governments prison-made articles or products;
[or]
(2) a private or independent institution of higher
education to manufacture for or sell to that school or institution
prison-made articles or products; or
(3) a private school or a visually handicapped person
in this state to manufacture Braille textbooks or other
instructional aids for the education of visually handicapped
persons.
SECTION 2. Section 497.006, Government Code, is amended to
read as follows:
Sec. 497.006. CONTRACTS WITH PRIVATE BUSINESS. (a) To
encourage the development and expansion of prison industries, the
prison industries office may enter into necessary contracts related
to the prison industries program.
(b) With the approval of the board, the office may enter
into a contract with a private business to conduct a program on or
off property operated by the department. Except as provided by
Subsection (c), a [A] contract entered into under this section must
comply with all requirements of the Private Sector/Prison Industry
Enhancement Certification Program operated by the Bureau of Justice
Assistance and authorized by 18 U.S.C. Section 1761. In
determining under Section 497.062 the number of participants
participating in private sector prison industries programs, the
department shall count the number of work program participants
participating in a program under a contract entered into under this
section. Not more than 500 work program participants may
participate in programs under contracts entered into under this
subsection [section].
(c) A contract for the provision of services under this
section must:
(1) be certified by the Private Sector Prison
Industries Oversight Authority as complying with all requirements
of the Private Sector/Prison Industry Enhancement Certification
Program operated by the Bureau of Justice Assistance and authorized
by 18 U.S.C. Section 1761, other than a requirement relating to the
payment of prevailing wages;
(2) be certified by the authority, under rules adopted
under Section 497.059, that the contract would not cause the loss of
existing jobs of a specific type provided by the contracting party
in this state; and
(3) be approved by the board.
(d) Not more than 500 work program participants may
participate in programs under contracts entered into under
Subsection (c).
(e) Section 497.058 does not apply to the payment of a work
program participant participating in a program under a contract
described by Subsection (c).
SECTION 3. Section 497.010(c), Government Code, is amended
to read as follows:
(c) It is an exception to the application of this section
that the article or product sold is:
(1) a state flag or similar item produced for sale or
distribution by the legislature under Section 301.034; or
(2) a service provided under a contract for which the
Private Sector/Prison Industry Enhancement Certification Program
operated by the Bureau of Justice Assistance and authorized by 18
U.S.C. Section 1761 does not require certification.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2839 was passed by the House on May
10, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2839 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor