INDUSTRY AND AGRICULTURE; LABOR OF INMATES

Tex. GOV'T Code ch. 497

in effect

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 4, eff. June 19, 2009.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 5, eff. June 19, 2009.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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 301.071 ; 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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, in the following order of preference, to: (1) a school district; (2) a state agency; (3) a political subdivision of the state; or (4) a statewide organization described by Section 264.603 (a), Family Code, or a local volunteer advocate program, as defined by Section 264.601 , Family Code, for use by children or youth in foster care. (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. SUBCHAPTER B. SALES OF PRISON-MADE ARTICLES OR PRODUCTS

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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 person with visual impairment in this state to manufacture Braille textbooks or other instructional aids for the education of persons with visual impairment. Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 1997.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 497.031. SALE OF STATE FLAGS TO STATE AGENCY.

The department shall sell state flags to the Texas Commission on Law Enforcement 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. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686 ), Sec. 2.29, eff. May 18, 2013. SUBCHAPTER C. PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS

Tex. GOV'T Code § 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 Juvenile Justice Department, 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 Juvenile Justice Department, 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 Juvenile Justice Department 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 7, eff. June 19, 2009.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 9, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 10, eff. June 19, 2009.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 11, eff. June 19, 2009.

Tex. GOV'T Code § 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 Juvenile Justice Department, 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 12, eff. June 19, 2009.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 14, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 15, eff. June 19, 2009.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 17, eff. June 19, 2009.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 17, eff. June 19, 2009.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 17, eff. June 19, 2009.

Tex. GOV'T Code § 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 (H.B. 1914 ), Sec. 18, eff. June 19, 2009.

Tex. GOV'T Code § 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 (H.B. 1914 ), Sec. 18, eff. June 19, 2009. SUBCHAPTER D. TRUSTIES

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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 custody of the department 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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

Tex. GOV'T Code § 497.112. AGRICULTURAL EFFICIENCY AND ECONOMY.

(a) The department shall review annually the department's agricultural operations. The review must include: (1) a cost-effectiveness analysis of all agricultural programs; (2) a determination as to whether the department 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 department shall use the information provided by the annual review in developing and improving agricultural operations. (c) The department 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 8, eff. June 19, 2009.

Tex. GOV'T Code § 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 Juvenile Justice Department 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. Acts 2009, 81st Leg., R.S., Ch. 1282 (H.B. 1914 ), Sec. 13, eff. June 19, 2009.

Tex. GOV'T Code § 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 (H.B. 1914 ), Sec. 16, eff. June 19, 2009.

Tex. GOV'T Code § 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 (H.B. 1914 ), Sec. 16, eff. June 19, 2009.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026