| 1 | 1 | | 86R13975 JRR-D |
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| 2 | 2 | | By: Neave H.B. No. 3720 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to minimum compensation for inmates participating in |
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| 8 | 8 | | certain work programs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 497.004(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) The board shall [may] develop by rule and the department |
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| 13 | 13 | | shall [may] administer an incentive pay scale for work program |
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| 14 | 14 | | participants consistent with rules adopted by the board under |
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| 15 | 15 | | Subchapter C. The board shall set pay levels at a minimum of $1 per |
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| 16 | 16 | | day of work. Prison industries may be financed through |
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| 17 | 17 | | contributions donated for this purpose by private businesses |
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| 18 | 18 | | contracting with the department. The department shall apportion |
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| 19 | 19 | | pay earned by a work program participant in the same manner as is |
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| 20 | 20 | | required by rules adopted by the board under Section 497.0581. |
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| 21 | 21 | | SECTION 2. Section 497.099(b), Government Code, is amended |
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| 22 | 22 | | to read as follows: |
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| 23 | 23 | | (b) The board shall [may] develop by rule and the department |
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| 24 | 24 | | shall [may] administer an incentive pay scale program for inmates |
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| 25 | 25 | | required to work in agricultural, industrial, or other work |
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| 26 | 26 | | programs. In developing the program, the board shall set pay levels |
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| 27 | 27 | | not to unjustly reward inmates, but rather to instruct inmates on |
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| 28 | 28 | | the virtues of diligent participation in the workplace, provided |
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| 29 | 29 | | that the board shall set pay levels at a minimum of $1 per day of |
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| 30 | 30 | | work. The department shall deposit an amount earned by an inmate |
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| 31 | 31 | | under this subsection into the inmate's trust fund and may deduct |
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| 32 | 32 | | not more than 80 percent of the amount deposited under this |
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| 33 | 33 | | subsection for payment of restitution and dependent care owed by |
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| 34 | 34 | | the inmate. This subsection does not apply to the compensation of |
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| 35 | 35 | | an inmate participating in a Texas Correctional Industries program |
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| 36 | 36 | | under Subchapter A or an inmate participating in a private sector |
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| 37 | 37 | | prison industries program under Subchapter C. |
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| 38 | 38 | | SECTION 3. Not later than December 1, 2019, the Texas Board |
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| 39 | 39 | | of Criminal Justice shall adopt the rules required by Sections |
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| 40 | 40 | | 497.004(a) and 497.099(b), Government Code, as amended by this Act. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2019. |
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