CHAPTER 497. INDUSTRY AND AGRICULTURE; LABOR OF INMATES
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 497. INDUSTRY AND AGRICULTURE; LABOR OF INMATES
SUBCHAPTER A. TEXAS CORRECTIONAL INDUSTRIES
Sec. 497.001. TEXAS CORRECTIONAL INDUSTRIES; DEFINITIONS. (a)
Texas Correctional Industries is an office in the department.
(b) In this subchapter and Subchapter B:
(1) "Office" means Texas Correctional Industries.
(2) "Articles and products" includes services provided through
the use of work program participant labor.
(3) "Work program participant" means a person who:
(A) is an inmate confined in a facility operated by or under
contract with the department or a defendant or releasee housed in
a facility operated by or under contract with the department; and
(B) works at a job assigned by the office.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.001 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.029, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, Sec. 1.14, 1.15, eff. Sept. 1, 1999.
Sec. 497.002. PURPOSE; IMPLEMENTATION. (a) The purposes of the
office are to implement this subchapter and Subchapter B to:
(1) provide work program participants with marketable job skills
to help reduce recidivism through a coordinated program of:
(A) job skills training;
(B) documentation of work history; and
(C) access to resources provided by Project RIO and the Texas
Workforce Commission, including access to resources provided
through assistance to local workforce development boards in
referring work program participants to the Project RIO employment
referral services provided under Section 306.002, Labor Code; and
(2) reduce department costs by providing products and articles
for the department and providing products or articles for sale on
a for-profit basis to the public or to agencies of the state or
political subdivisions of the state.
(b) To implement the purposes of the office, the department may
establish and operate a prison industries program at each
correctional facility that the department considers suitable for
such a program.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.002 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.030, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, Sec. 1.16, eff. Sept. 1, 1999.
Sec. 497.003. ADVISORY COMMITTEE. (a) The board may establish
a prison industries advisory committee. If the board establishes
a prison industries advisory committee, the advisory committee
must be composed of nine members appointed by the board. In
appointing members under this subsection, the board shall appoint
persons who represent business and industry, including one member
of the board and other persons who are:
(1) local workforce development board members;
(2) members of recognized labor organizations; and
(3) members of the staff of the State Occupational Information
Coordinating Committee.
(b) Members of the advisory committee, if the advisory committee
is established, serve staggered three-year terms with the terms
of three members expiring February 1 of each calendar year.
(c) The prison industries advisory committee shall advise the
board on all aspects of prison industry operations and shall make
recommendations to the board on the effective use of prison
industries programs to assist work program participants in the
development of job skills necessary for successful reintegration
into the community after release from imprisonment.
(d) Expired.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.003 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1997, 75th Leg., ch. 1360, Sec. 4, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1188, Sec. 1.17, eff. Sept. 1, 1999.
Sec. 497.004. LABOR, PAY. (a) The board may develop by rule
and the department may administer an incentive pay scale for work
program participants consistent with rules adopted by the board
under Subchapter C. Prison industries may be financed through
contributions donated for this purpose by private businesses
contracting with the department. The department shall apportion
pay earned by a work program participant in the same manner as is
required by rules adopted by the board under Section 497.0581.
(b) In assigning work program participants to available job
training positions in factories, the department shall consider
each participant's classification and availability for work. The
department shall give priority to work program participants
closest to release from imprisonment or supervision in making
assignment to those job training positions that provide the most
marketable skills.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.004 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 76, Sec. 5.95(109), eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 321, Sec. 1.031, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1360, Sec. 5, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1188, Sec. 1.18, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 4, eff. June 19, 2009.
Sec. 497.005. INDUSTRIAL RECEIPTS. The office may use money
appropriated to the office in amounts corresponding to receipts
from the sale of articles and products under this subchapter and
Subchapter B to purchase real property, erect buildings, improve
facilities, buy equipment and tools, install or replace
equipment, buy industrial raw materials and supplies, and pay for
other necessary expenses for the administration of this
subchapter and Subchapter B.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.005 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.032, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, Sec. 1.19, eff. Sept. 1, 1999.
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 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 700 work program participants may
participate in programs under contracts entered into under this
subsection.
(c) A contract for the provision of services under this section
must:
(1) be certified by the board 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, so long as the
contract requires payment of not less than the federal minimum
wage;
(2) be certified by the board, under rules adopted under Section
497.059, that the contract would not cause the loss of existing
jobs of a specific type provided by any employer 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).
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.006 and amended by Acts 1991, 72nd
leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.033, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, Sec. 1.20, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
752, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 21, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 5, eff. June 19, 2009.
Sec. 497.007. GRANTS. The office may accept any grant
designated for work program participant vocational
rehabilitation. The office shall maintain records relating to the
receipt and disbursement of grant funds and shall annually report
to the board on the administration of grant funds.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.007 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, Sec. 1.21, eff. Sept. 1, 1999.
Sec. 497.008. LEASE OF LAND. To further the expansion and
development of prison industries, the department may lease prison
land to a private business. A lease under this section may not
exceed a term of 50 years. The business must lease the land at a
mutually agreed upon price and may construct or convert plant
facilities on the land.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.008 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.034, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1037, Sec. 1, eff. June 15, 2001.
Sec. 497.010. OFFENSE: SALE OR OFFER OF SALE OF PRISON-PRODUCED
ARTICLES OR PRODUCTS. (a) A person commits an offense if the
person intentionally sells or offers to sell on the open market
in this state an article or product the person knows was
manufactured in whole or in part by an inmate of the department
or an inmate in any correctional facility or reformatory
institution in this state or in any other state, other than an
inmate:
(1) who was on community supervision, parole, or mandatory
supervision;
(2) employed by an enterprise that has employed the inmate in
order to take advantage of the franchise tax credit offered under
Subchapter L, Chapter 171, Tax Code, at the time of manufacture;
or
(3) participating in a federally certified prison industry
enhancement program.
(b) An offense under this section is a Class B misdemeanor.
(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.
(d) It is an exception to the application of this section that
the actor was an inmate or state jail defendant confined in a
facility operated by or under contract with the department who
sold or offered to sell an art or craft in the manner authorized
under Section 501.013(b).
Added by Acts 1993, 73rd Leg., ch. 737, Sec. 3, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.036, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 377, Sec. 2, eff. May 29,
1999; Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(6), eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
752, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
618, Sec. 1, eff. September 1, 2007.
Sec. 497.011. CERTAIN CONTRACTS PROHIBITED. The department may
not enter into a contract with a private business or public
entity that requires or permits an inmate confined in a
correctional facility operated by or for the department to have
access to personal information about persons who are not confined
in facilities operated by or for the department.
Added by Acts 1999, 76th Leg., ch. 1196, Sec. 1, eff. Sept. 1,
1999.
Sec. 497.012. REPAIR AND RESALE OF SURPLUS DATA PROCESSING
EQUIPMENT. (a) The department may receive surplus or salvage
data processing equipment from a state agency under Chapter 2175
or from any political subdivision that chooses to send the
equipment to the department. Acceptance by the board is not
necessary for receipt by the department of equipment under this
section.
(b) If the department determines that it is economically
feasible, the department shall repair or refurbish the surplus or
salvage data processing equipment. The department shall sell the
repaired or refurbished data processing equipment to a school
district, a state agency, or a political subdivision of the state
in that relative order of preference.
(c) If it is not economically feasible to repair or refurbish
the surplus or salvage data processing equipment, the department
shall disassemble the equipment and sell the components or retain
the components in the department's inventory for future use.
(d) The department shall attempt to realize the maximum benefit
to the state in selling repaired or refurbished data processing
equipment or the components.
(e) The sales price of the components or the repaired or
refurbished data processing equipment must be sufficient to
defray the cost of repairing, refurbishing, or disassembling the
data processing equipment.
(f) Proceeds from the sale of the components or the repaired or
refurbished data processing equipment shall be deposited in the
industrial revolving account. The proceeds may be used only to
reduce the cost of repairing and refurbishing data processing
equipment.
(g) The department may adopt rules to implement this section.
(h) The department shall ensure that all information stored on
the surplus or salvage data processing equipment received by the
department under this section is removed from the equipment
before any inmate is given access to the equipment. This
subsection does not require the removal of any operating system
or software program stored on the data processing equipment.
Added by Acts 1999, 76th Leg., ch. 419, Sec. 1, eff. Sept. 1,
1999. Renumbered from Sec. 497.011 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(44), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
613, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. SALES OF PRISON-MADE ARTICLES OR PRODUCTS
Sec. 497.021. AUTHORITY. This subchapter governs the sale of
prison-made products to governmental agencies.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997.
Sec. 497.0211. EXCEPTION: INSTITUTIONS OF HIGHER EDUCATION.
This subchapter does not apply to an institution of higher
education, as defined by Section 61.003, Education Code.
Added by Acts 2001, 77th Leg., ch. 118, Sec. 1.03, eff. Sept. 1,
2001.
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;
(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.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
752, Sec. 1, eff. September 1, 2005.
Sec. 497.023. PRIORITIES. Under this subchapter and Subchapter
A, the office shall produce products and articles first to
fulfill the needs of agencies of the state and second to fulfill
the needs of political subdivisions or other purchasers.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997.
Sec. 497.024. AGENCIES AND POLITICAL SUBDIVISIONS: DUTIES TO
PURCHASE. (a) If the office produces an article or product
under this subchapter, an agency of the state or a political
subdivision may purchase the article or product only from the
office.
(b) If the comptroller determines that an article or product
produced by the office under this subchapter does not meet the
requirements of an agency of the state or a political
subdivision, or that the office has determined that the office is
unable to fill a requisition for an article or product, the
agency or subdivision may purchase the article or product from
another source.
(c) An agency of the state or a political subdivision may not
evade the intent of this subchapter by requesting an article or
product that varies slightly from standards for articles or
products established under Section 497.027, if the office
produces a similar article or product that is in compliance with
established standards and is reasonably suited to the actual
needs of the agency or subdivision.
(d) This section applies to the department in the same manner as
it applies to other agencies of the state.
(e) The office at least once each year shall determine whether
there are articles or products needed by the department that are
not produced by but could be produced by the office at a reduced
cost or savings to the department.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1056, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.54, eff. September 1, 2007.
Sec. 497.025. PURCHASING PROCEDURE. (a) An agency of the state
that purchases articles and products under this subchapter must
requisition the purchase through the comptroller except for
purchases of articles or products not included in an established
contract. The purchase of articles or products not included in
an established contract and that do not exceed the dollar limits
established under Section 2155.132 may be acquired directly from
the office on the agency's obtaining an informal or a formal
quotation for the item and issuing a proper purchase order to the
office. The comptroller and the department shall enter into an
agreement to expedite the process by which agencies are required
to requisition purchases of articles or products through the
comptroller.
(b) A political subdivision may purchase articles and products
under this subchapter directly from the office.
(c) If an agency or political subdivision purchasing goods under
this subchapter desires to purchase goods or articles from the
office, it may do so without complying with any other state law
otherwise requiring the agency or political subdivision to
request competitive bids for the article or product. Nothing
herein shall be interpreted to require a political subdivision to
purchase goods or articles from the office if the political
subdivision determines that the goods or articles can be
purchased elsewhere at a lower price. An agency may decline to
purchase goods or articles from the office if the agency
determines, after giving the office a final opportunity to
negotiate on price, and the comptroller certifies, that the goods
or articles can be purchased elsewhere at a lower price.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1188, Sec. 1.23, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.55, eff. September 1, 2007.
Sec. 497.026. PRICES. The office and the comptroller shall
determine the sales price of articles and products produced under
this subchapter.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.56, eff. September 1, 2007.
Sec. 497.027. SPECIFICATIONS. (a) The comptroller shall
establish specifications for articles and products produced under
this subchapter. An article or product produced under this
subchapter must meet specifications established under this
subsection in effect when the article or product is produced.
(b) The office may manufacture articles and products to meet
commercial specifications for the article or product if the
comptroller has not established specifications for the article or
product and the comptroller approves the commercial
specifications.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(14), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept.
1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.57, eff. September 1, 2007.
Sec. 497.028. CATALOGS. The office shall prepare catalogs that
accurately and completely describe articles and products produced
under this subchapter. The office shall send copies of the
catalogs to all state agencies and make the catalogs available to
political subdivisions.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997.
Sec. 497.029. NEW ARTICLES AND PRODUCTS. The comptroller may
request the office to produce additional articles or products
under this subchapter.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.58, eff. September 1, 2007.
Sec. 497.030. COMPTROLLER REPORTS. (a) Not later than the 31st
day before the first day of each fiscal year, the comptroller
shall submit to the office a report that summarizes the types and
amounts of articles and products sold under this subchapter in
the preceding nine months.
(b) Not later than the 100th day after the last day of each
fiscal year, the comptroller shall submit to the office a report
that states the types and amounts of articles and products sold
under this subchapter in the preceding fiscal year.
(c) A report submitted by the comptroller under this section
must describe the articles and products to the extent possible in
the manner those articles and products are described in catalogs
prepared under Section 497.028.
Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.59, eff. September 1, 2007.
Sec. 497.031. SALE OF STATE FLAGS TO STATE AGENCY. The
department shall sell state flags to the Commission on Law
Enforcement Officer Standards and Education at a price that does
not exceed the department's cost in producing or obtaining the
state flags.
Added by Acts 2001, 77th Leg., ch. 476, Sec. 2, eff. Sept. 1,
2001.
SUBCHAPTER C. PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS
Sec. 497.051. PURPOSE; DEFINITIONS. (a) The board shall
approve, certify, and supervise the operation of private sector
prison industries programs in the department, the Texas Youth
Commission, and in county correctional facilities in compliance
with the federal prison enhancement certification program
established under 18 U.S.C. Section 1761. The board may use
board and department employees to provide the clerical and
technical support necessary for the board to perform the board's
duties under this subchapter and shall ensure that the department
implements the policies adopted by the board that relate to the
operation of private sector prison industries programs.
(a-1) The board shall ensure that private sector prison
industries programs are operated under this subchapter in a
manner that is designed to avoid the loss of existing jobs for
employees in this state who are not incarcerated or imprisoned.
(b) In this subchapter:
(1) "Governmental entity" means the department, the Texas Youth
Commission, and any county that operates a private sector prison
industries program under this subchapter.
(2) "Participant" means a participant in a private sector prison
industries program.
(c) This subchapter does not authorize the board to direct the
general operations of or to govern the Texas Youth Commission or
county correctional facilities in any manner not specifically
described by Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a). Amended by
Acts 1995, 74th Leg., ch. 318, Sec. 69, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, Sec. 1.24, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 7, eff. June 19, 2009.
Sec. 497.0527. COMPLAINTS. (a) The board shall maintain a file
on each written complaint filed with the board in relation to a
private sector prison industries program. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly until final disposition of the
complaint, shall notify the person filing the complaint and each
person who is a subject of the complaint of the status of the
investigation, unless the notice would jeopardize an undercover
investigation.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 2.02, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 8, eff. June 19, 2009.
Sec. 497.056. PRIVATE SECTOR PRISON INDUSTRIES ACCOUNT. (a)
The department shall forward money collected under Section
497.0581 to the comptroller. The comptroller shall deposit the
money in the general revenue fund.
(b) The private sector prison industry account is created as an
account in the general revenue fund. Money in the account may be
appropriated only to:
(1) recruit corporations to participate as private sector
industries programs;
(2) pay costs of the board and department in implementing this
subchapter, including the cost to the department in reimbursing
board members for expenses; and
(3) pay costs associated with the storage of evidence:
(A) containing biological material and used in the prosecution
and conviction of an offense; or
(B) of a sexual assault or other sex offense.
(c) On each certification by the department that an amount has
been deposited to the credit of the general revenue fund from
deductions from participants' wages under Section 497.0581, the
comptroller shall transfer an equivalent amount from the general
revenue fund to the private sector prison industry account, until
the balance in the account is $1 million. The balance of the
account may not exceed $1 million.
(d) The department during each calendar quarter shall make a
certification of the amount deposited during the previous
calendar quarter to the credit of the general revenue fund from
deductions from participants' wages under Section 497.0581.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.26, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1037, Sec. 2, eff. June
15, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 9, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 10, eff. June 19, 2009.
Sec. 497.057. RULES. The board shall adopt rules as necessary
to ensure that the private sector prison industries program
authorized by this subchapter is in compliance with the federal
prison enhancement certification program established under 18
U.S.C. Section 1761.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 11, eff. June 19, 2009.
Sec. 497.058. PIECP WAGE. (a) The board by rule shall require
that participants at each private sector prison industries
program be paid not less than the prison industry enhancement
certification program (PIECP) wage as computed by the Texas
Workforce Commission, except that:
(1) the board may permit employers to pay a participant the
federal minimum wage for the two-month period beginning on the
date participation begins; and
(2) the minimum wage for participants committed to the Texas
Youth Commission, because of the age of the participants and the
extensive training component of their employment, is the federal
minimum wage.
(b) For the purposes of computations required by this section:
(1) the PIECP wage is the wage paid by the employer for work of
a similar nature in the location in which the work is performed;
(2) in the event that the employer has no employees other than
those employed under this subchapter performing work of a similar
nature within the location, the prevailing wage for work of a
similar nature is determined by reference to openings and wages
by occupation data collected by the labor market information
department of the Texas Workforce Commission; and
(3) the location in which work is performed is the local
workforce development area in which the work is performed.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.27, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1056, Sec. 2, eff. Sept.
1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 12, eff. June 19, 2009.
Sec. 497.0581. PARTICIPANT CONTRIBUTIONS; ASSISTANCE ACCOUNT.
(a) The board by rule shall determine the amount of deductions
to be taken from wages received by the participant under this
subchapter and the disbursement of those deductions. The board
may establish deductions for participants committed to the Texas
Youth Commission that are different than deductions established
for other participants in the program. In determining the amount
of deductions under this section, the board shall ensure that the
deductions do not place the private sector prison industries
programs in the department in noncompliance with the federal
prison enhancement certification program established under 18
U.S.C. Section 1761.
(b) The private sector prison industry crime victims assistance
account is created as an account in the general revenue fund.
Money in the account may be appropriated only to the board for
the purpose of aiding victims of crime, under rules adopted by
the board.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.28, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1037, Sec. 3, eff. June
15, 2001; Acts 2003, 78th Leg., ch. 1056, Sec. 3, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 13, eff. June 19, 2009.
Sec. 497.059. LIMITING IMPACT OF CERTIFICATION ON NON-PRISON
INDUSTRY. (a) The board may not grant initial certification to
a private sector prison industries program if the board
determines that the operation of the program would result in the
loss of existing jobs provided by any employer in this state.
(b) The board shall adopt rules to determine whether a program
would cause the loss of existing jobs of a specific type provided
by an employer in this state.
(c) For the purposes of this section, a program does not result
in the loss of existing jobs if, at the time of initial
certification, the jobs are performed by workers in a foreign
country.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.29, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1056, Sec. 4, eff. Sept.
1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 14, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 15, eff. June 19, 2009.
Sec. 497.0595. LIMITATION ON CONTRACTS. (a) A governmental
entity may not enter into a contract or renew a contract with an
employer for a private sector prison industries program under
this subchapter if the board determines that the contract has
negatively affected or would negatively affect any employer in
this state, including through the loss of existing jobs provided
by the employer to employees in this state who are not
incarcerated or imprisoned.
(b) The board shall adopt rules that establish a procedure to be
used in making the determination described by Subsection (a).
The procedure must allow an aggrieved employer in this state to
submit a sworn statement to the board alleging that the employer
has been or would be negatively affected by the contract to be
entered into or renewed.
(c) For the purposes of this section, a contract does not
negatively affect an employer if the only negative effect alleged
in a sworn statement by the employer is the loss of existing jobs
that, at the time the sworn statement is submitted to the board,
are performed by workers in a foreign country.
Added by Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 16, eff. June 19, 2009.
Sec. 497.0596. NOTICE CONCERNING CERTAIN CONTRACTS. (a) Not
later than the 60th day before the date a governmental entity
intends to enter into a contract with an employer for a private
sector prison industries program under this subchapter, the
governmental entity shall notify:
(1) the state senator and state representative in whose district
the program covered by the contract is or will be located;
(2) the executive heads of the Texas AFL-CIO, the Texas
Association of Manufacturers, the National Federation of
Independent Business/Texas, the Texas Association of Business,
and the Texas Association of Workforce Boards;
(3) the chamber of commerce in any municipality or county in
which the program covered by the contract is or will be located;
and
(4) any employer that employs persons in this state who are not
incarcerated or imprisoned and who, as determined under rules
adopted by the Texas Workforce Commission to implement this
subdivision:
(A) perform work in the same job descriptions as participants in
the program covered by the contract will perform; or
(B) are otherwise engaged in the manufacture of the same or a
substantially similar product as will be manufactured under the
contract.
(b) The notice required by Subsection (a) must include a
specific description, in plain language and in an easily readable
and understandable format, of any product that will be
manufactured under the contract.
(c) A governmental entity that provides notice under Subsection
(a) may charge the employer with whom the governmental entity
intends to enter into the contract for the cost of providing that
notice.
Added by Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 16, eff. June 19, 2009.
Sec. 497.060. WORKERS' COMPENSATION. The board by rule shall
require private sector prison industries program employers to
meet or exceed all federal requirements for providing
compensation to participants injured while working.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.30, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 17, eff. June 19, 2009.
Sec. 497.061. RECIDIVISM STUDIES. The board shall gather data
to determine whether participation in a private sector prison
industries program is a factor that reduces recidivism among
participants.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.31, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 17, eff. June 19, 2009.
Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS AND COST
ACCOUNTING CENTERS. (a) The board may certify private sector
prison industries programs that meet or exceed the requirements
of federal law and the rules of the board. Except as provided by
Subsection (b), the board may not allow more than 750
participants in the program at any one time or authorize the
operation of more than 11 cost accounting centers at any one
time.
(b) The board may allow more than 750 participants in the
program at one time on a temporary basis if:
(1) an employer that operates a private sector prison industries
program requests in writing that the board temporarily allow more
than 750 participants in the program; and
(2) the board determines that there is good cause to temporarily
allow more than 750 participants in the program.
Added by Acts 1997, 75th Leg., ch. 1236, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.32, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1037, Sec. 4, eff. June
15, 2001; Acts 2003, 78th Leg., ch. 1056, Sec. 5, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 17, eff. June 19, 2009.
Sec. 497.063. CONTRACT REQUIREMENTS. (a) The board shall adopt
rules requiring a contract entered into by a governmental entity
concerning a private sector prison industries program operated
under this subchapter to:
(1) include specific job descriptions for any work that will be
performed by participants under the contract;
(2) include a specific description, in plain language and in an
easily readable and understandable format, of any product that
will be manufactured under the contract; and
(3) charge a private sector prison industries employer or other
participating entity the fair market value for the lease of any
property owned by the governmental entity and leased to the
employer or entity under the contract.
(b) For the purposes of Subsection (a), "fair market value"
means an amount or rate that is equal to or greater than the
average amount or rate paid by the state for the lease of
substantially similar property.
Added by Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 18, eff. June 19, 2009.
Sec. 497.064. AVAILABILITY OF CERTAIN INFORMATION ON INTERNET.
The board shall make the following information available on any
publicly accessible Internet website that is maintained by the
board and contains any information concerning the private sector
prison industries programs operated under this subchapter:
(1) a copy of each current contract entered into by a
governmental entity;
(2) a list of hourly wages paid to participants under each
contract described by Subdivision (1); and
(3) minutes of any meeting of the board in which the board
discusses or takes action concerning:
(A) the board's powers and duties under this subchapter; or
(B) one or more private sector prison industries programs
operated under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1282, Sec. 18, eff. June 19, 2009.
SUBCHAPTER D. TRUSTIES
Sec. 497.081. APPOINTMENT. (a) For the purposes of this
subchapter, only the institutional division may appoint an inmate
to serve as a trusty, under policies adopted by the director of
the institutional division.
(b) The institutional division may not appoint an inmate to
serve as a trusty for the purposes of this subchapter unless the
inmate has a good record in the division.
(c) An inmate who is serving three or more terms may be used as
a trusty for the purposes of this subchapter only if the inmate
has an unblemished record in the institutional division and the
inmate has served more than one-half of the inmate's sentence.
(d) An inmate may not be appointed to serve as a trusty for the
purposes of this subchapter if the inmate has attempted an escape
in which the inmate:
(1) used a firearm or other deadly weapon; or
(2) wounded a guard or other person.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.081 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.039, eff. Sept. 1, 1995.
Sec. 497.082. USE OF REGULAR INMATES AS TRUSTIES PROHIBITED. An
employee of the institutional division may not use the inmate as
a trusty unless the division appoints the inmate to serve as a
trusty. However, in the case of an extreme emergency, as
determined by a farm manager, the farm manager may fill a vacancy
in a position formerly held by a trusty by appointing an inmate
to serve in that position for not more than 10 days.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.082 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 497.083. RESTRICTIONS ON TRUSTIES. (a) A trusty may not
be permitted to leave the location where the institutional
division has assigned the trusty unless the trusty is on division
business.
(b) A trusty may not be at large or off institutional division
property after 9 p.m. unless accompanied by a guard or other
employee of the division or a member of the board.
(c) Subsection (b) does not apply to a trusty who operates pumps
or other necessary machinery at night on an institutional
division farm.
(d) Employees of the institutional division who are in charge of
trusties shall ensure that trusties required to be inside
division buildings not later than 9 p.m. are inside by that time.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.083 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 497.084. HONOR FARMS. This subchapter does not apply to an
institutional division farm established by the board as an honor
farm.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.084 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 497.085. FAILURE TO ENFORCE; REMOVAL. A member of the
board or employee of the institutional division who is required
to enforce this subchapter and fails or refuses to do so is
subject to removal from the board or from employment.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.085 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
SUBCHAPTER E. GENERAL PROVISIONS RELATED TO INMATE LABOR
Sec. 497.091. CONTRACTS FOR INMATE LABOR. (a) In this section:
(1) "Agency" has the meaning assigned that term by Section
771.002.
(2) "Local government" has the meaning assigned that term by
Section 791.003.
(b) The department shall seek contracts with agencies and local
governments to provide inmate labor to those agencies and
governments, with the department giving priority to seeking
contracts for the use of inmate labor for service projects that
benefit the public.
(c) The department may not enter into a contract with an agency
under this section unless the contract complies with Chapter 771
and may not enter into a contract with a local government under
this section unless the contract complies with Chapter 791. A
contract entered into under this section may provide that the
department be reimbursed for expenses incurred by the division in
providing inmate labor to the agency or local government.
(d) The department shall make reasonable efforts to contract
with nonprofit organizations that provide services to the general
public and enhance social welfare and the general well-being of
the community to provide inmate labor to those organizations. In
entering contracts under this subsection, the department should
give preference to nonprofit organizations that will use the
inmate labor in a manner that increases the inmates' vocational
skills.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.091 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.041, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1409, Sec. 2, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 302, Sec. 1, eff. May 29, 1999; Acts 1999, 76th
Leg., ch. 1188, Sec. 1.33, eff. Sept. 1, 1999.
Sec. 497.092. HIGHWAY IMPROVEMENT. (a) The board and the Texas
Transportation Commission may enter into and perform an agreement
or contract for the use of inmate labor for a state highway
improvement project.
(b) An agreement or contract entered into under this section and
payments made under the agreement or contract must conform with
Chapter 771.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.092 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 165, Sec. 22(39), eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 321, Sec. 1.042, eff. Sept. 1, 1995.
Sec. 497.093. INMATE LABOR AT SAM HOUSTON STATE UNIVERSITY. The
institutional division may provide trusties to work at Sam
Houston State University. The institutional division shall
maintain control over the trusties at all times. Time spent by a
trusty working at the university is considered time spent by the
inmate in custody.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.093 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 497.094. JOB TRAINING PROGRAMS. (a) The department shall
implement a job training program for each job performed by an
inmate confined in a facility operated by or under contract with
the department or a defendant or releasee housed in a facility
operated by or under contract with the department and monitor the
success of those programs. The department shall also establish a
permanent record for each inmate, defendant, or releasee. The
record must describe the types of job training provided to the
inmate, defendant, or releasee by the department. On release from
imprisonment or supervision, the department shall provide the
inmate, defendant, or releasee with a copy of the record. The
department shall collect information relating to the employment
histories of inmates released from the institutional division on
parole and mandatory supervision.
(b) The department and the Texas Workforce Investment Council by
rule shall adopt a memorandum of understanding that establishes
the respective responsibility of those entities to provide
through local workforce development boards job training and
employment assistance to persons formerly sentenced to the
institutional division or the state jail division and information
on services available to employers or potential employers of
those persons. The department shall coordinate the development of
the memorandum of understanding.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.094 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.043, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 611, Sec. 4, eff. Aug. 28, 1995; Acts 1999,
76th Leg., ch. 1188, Sec. 1.34, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 818, Sec. 6.07, eff. Sept. 1, 2003.
Sec. 497.095. INMATE'S WORK RECORD. The department shall
establish a permanent record for each inmate confined, and for
each defendant or releasee housed, in a facility operated by or
under contract with the department who participates in a
department work program. The record must describe the type or
types of work performed by the inmate, defendant, or releasee
during the person's confinement or supervision and must contain
evaluations of the performance of and proficiency at tasks
assigned and a record of the attendance at work by the inmate,
defendant, or releasee. On release from imprisonment or
supervision, the department shall provide the inmate, defendant,
or releasee with a copy of a record made by the department under
this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.095 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1999, 76th Leg., ch. 1188, Sec. 1.35, eff. Sept. 1, 1999.
Sec. 497.096. LIABILITY PROTECTIONS. An employee of the Texas
Department of Criminal Justice, sheriff, employee of a sheriff's
department, county commissioner, county employee, county judge,
employee of a community corrections and supervision department,
restitution center, or officer or employee of a political
subdivision other than a county is not liable for damages arising
from an act or failure to act in connection with community
service performed by an inmate imprisoned in a facility operated
by the department or in connection with an inmate or offender
programmatic or nonprogrammatic activity, including work,
community service, educational, and treatment activities, if the
act or failure to act was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
Added by Acts 1993, 73rd Leg., ch. 201, Sec. 5, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.044, eff.
Sept. 1, 1995.
Sec. 497.097. USE OF STATE JAIL FELONS. The department may use
the labor of defendants confined in a state jail felony facility
in any work or community service program or project performed by
the institutional division.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.045, eff. Sept. 1,
1995.
Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. (a) The
department shall require each inmate and each defendant or
releasee housed in a facility operated by or under contract with
the department to work in an agricultural, industrial, or other
work program to the extent that the inmate, defendant, or
releasee is physically and mentally capable of working. The
department may waive the work requirement for an inmate,
defendant, or releasee as necessary to maintain security or to
permit the inmate, defendant, or releasee to participate in
rehabilitative programming.
(b) The board may develop by rule and the department may
administer an incentive pay scale program for inmates required to
work in agricultural, industrial, or other work programs. In
developing the program, the board shall set pay levels not to
unjustly reward inmates, but rather to instruct inmates on the
virtues of diligent participation in the workplace. The
department shall deposit an amount earned by an inmate under this
subsection into the inmate's trust fund and may deduct not more
than 80 percent of the amount deposited under this subsection for
payment of restitution and dependent care owed by the inmate.
This subsection does not apply to the compensation of an inmate
participating in a Texas Correctional Industries program under
Subchapter A or an inmate participating in a private sector
prison industries program under Subchapter C.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.36, eff. Sept. 1,
1999.
SUBCHAPTER F. AGRICULTURE
Sec. 497.111. ADVISORY COMMITTEE ON AGRICULTURE. (a) The
Advisory Committee on Agriculture to the institutional division
is created.
(b) The advisory committee consists of five members. One member
must be a member of the board, and if possible that member should
have a knowledge of agriculture. One member must be a member of
the faculty at Texas A&M University with expertise in
agriculture. The other members must be citizens of the state with
knowledge of agriculture. The board shall appoint the board
member, the faculty member from Texas A&M University, and two
of the citizen members. The commissioner of agriculture shall
appoint the remaining citizen member.
(c) Members of the advisory committee serve at the will of the
board.
(d) The member of the advisory committee who is the board member
serves as chairman of the advisory committee.
(e) Members of the advisory committee are not entitled to
compensation but are entitled to reimbursement for actual and
necessary expenses incurred in performing their official duties
as advisory committee members.
(f) Necessary costs for the operation of the committee shall be
paid from funds appropriated to the board.
(g) The advisory committee shall hold regular quarterly meetings
on dates fixed by the committee and special meetings as the
committee determines necessary.
(h) The advisory committee shall keep a public record of its
decisions at the general office of the institutional division.
(i) The advisory committee shall present to the board periodic
evaluations of agricultural programs, suggestions for new areas
of agricultural operations, and reviews related to the need for
mechanization and the use of inmate labor in agricultural
operations. The committee shall report to the board on its
activities at least twice each year.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.111 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 497.112. AGRICULTURAL EFFICIENCY AND ECONOMY. (a) The
institutional division shall review annually the agricultural
operations of the division. The review must include:
(1) a cost-effectiveness analysis of all agricultural programs;
(2) a determination as to whether the institutional division
could more economically purchase certain agricultural products
rather than produce those products; and
(3) a determination as to whether certain agricultural
operations performed by inmates could be mechanized, taking into
account whether mechanization would adversely affect security or
inmate discipline.
(b) The institutional division shall use the information
provided by the annual review in developing and improving
agricultural operations.
(c) The institutional division shall provide the board with a
copy of the annual review required by this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 496.112 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Sec. 497.113. SURPLUS AGRICULTURAL PROPERTY AND PRODUCTS. (a)
The board may authorize the sale or disposal of surplus
agricultural products and personal property owned by the
department, other than products or property produced for sale by
the department.
(b) Products and property described by Subsection (a) shall be
sold under rules adopted by the board and at prices and terms set
pursuant to those rules.
(c) The department may use surplus agricultural capacity to
provide agricultural products to a nonprofit organization at no
profit to the department.
(d) The department is encouraged to enter into agreements with
nonprofit food banks. An agreement under this subsection may
provide that a food bank will supply seed and fertilizer to the
department and that the department will in turn provide to the
food bank agricultural products grown from the seed and with the
assistance of the fertilizer. For the purpose of this subsection,
"nonprofit food bank" means a nonprofit organization that
solicits, warehouses, and redistributes edible food to agencies
that feed needy families and individuals.
Added by Acts 1997, 75th Leg., ch. 1409, Sec. 3, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 303, Sec. 1, eff. May
29, 1999.