88R23778 CXP-F
By: Cook H.B. No. 4251
Substitute the following for H.B. No. 4251:
By: Herrero C.S.H.B. No. 4251
A BILL TO BE ENTITLED
AN ACT
relating to the provision of postsecondary education and training
to certain inmates in the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 501, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. POSTSECONDARY EDUCATION IN TEXAS DEPARTMENT OF
CRIMINAL JUSTICE
Sec. 501.201. DEFINITIONS. In this subchapter:
(1) "Correctional facility" means a facility operated
by or under contract with the department.
(2) "District" means the Windham School District.
(3) "Postsecondary education or training program"
means any course or sequence of courses offered by a postsecondary
educational institution designed to lead to a degree, certificate,
or other credential.
(4) "Postsecondary educational institution" means an
institution of higher education or a private or independent
institution of higher education, as those terms are defined by
Section 61.003, Education Code.
(5) "Prison education program" means an eligible
prison education program as defined by 34 C.F.R. Section
668.236(a).
Sec. 501.202. POSTSECONDARY EDUCATION AUTHORIZED. The
department may contract with a postsecondary educational
institution for the provision of postsecondary education or
training programs, including prison education programs, to inmates
of correctional facilities.
Sec. 501.203. LEGISLATIVE INTENT. It is the intent of the
legislature that, in the administration of this subchapter, the
department:
(1) oversee postsecondary education or training
programs for inmates of correctional facilities that:
(A) lead to gainful employment for former inmates
in alignment with the workforce needs of this state;
(B) reduce recidivism;
(C) improve inmates' overall quality of life and
well-being; and
(D) encourage a culture of civility among
inmates;
(2) ensure access to a rich variety of postsecondary
education or training programs for all correctional facility
inmates, including female inmates and inmates incarcerated in
geographically remote facilities;
(3) work collaboratively with the district, other
state agencies, postsecondary educational institutions,
accrediting bodies, and interested stakeholders to promote the
highest quality educational programming; and
(4) maximize enrollment in postsecondary education or
training programs to the extent possible.
Sec. 501.204. INFORMATION TO BE PROVIDED BY INSTITUTION
BEFORE VOCATIONAL TRAINING ENROLLMENT. The department shall
require a postsecondary educational institution providing to
inmates of a correctional facility a postsecondary education or
training program designed to lead to a license or certificate
issued by a state agency to inform each person before enrollment of:
(1) any state agency rule or policy that would impose a
restriction or prohibition on the person in obtaining the
certificate or license; and
(2) the procedures for:
(A) requesting a criminal history evaluation
letter under Section 53.102, Occupations Code;
(B) providing evidence of fitness to perform the
duties and discharge the responsibilities of a licensed occupation
for purposes of Section 53.023, Occupations Code; and
(C) appealing a state agency's denial of a
certificate or license, including deadlines and due process
requirements:
(i) to the State Office of Administrative
Hearings under Subchapter C, Chapter 2001; and
(ii) through any other available venue.
Sec. 501.205. ENROLLMENT LIMITATIONS. (a) The department
by rule may establish criteria that disqualifies a correctional
facility inmate from enrolling in a postsecondary education or
training program offered under this subchapter.
(b) The department may not deny a correctional facility
inmate the opportunity to enroll in a postsecondary education or
training program offered under this subchapter solely on the basis
of the:
(1) offense for which the inmate was convicted;
(2) length of the inmate's sentence; or
(3) remaining time until the inmate's expected
release.
Sec. 501.206. POSTSECONDARY EDUCATION EXPENSE PAYMENT AND
REIMBURSEMENT. (a) Out of money appropriated to the department for
postsecondary education or training programs for correctional
facility inmates, the department may pay the cost of tuition and
fees for enrollment in not more than two courses per academic term
for a correctional facility inmate who has demonstrated:
(1) a record of rehabilitation while incarcerated; and
(2) the aptitude and capabilities to successfully
complete college-level coursework.
(b) A correctional facility inmate for whom the department
pays the cost of tuition and fees under Subsection (a) shall
reimburse the department for those costs as a condition of parole,
beginning not less than six months after the inmate's release.
(c) The department may not charge interest for the repayment
of costs under this section.
(d) In a parole or mandatory supervision revocation hearing
under Section 508.281 at which it is alleged only that the releasee
failed to make a payment under this section, it is an affirmative
defense to revocation that the releasee is unable to pay the amount
required by the department. The releasee must prove the
affirmative defense by a preponderance of the evidence.
Sec. 501.207. PRISON EDUCATION PROGRAM APPROVAL. (a) The
department by rule shall establish a formal procedure for a
postsecondary educational institution to apply to provide a prison
education program to inmates of a correctional facility under this
subchapter.
(b) In determining whether to approve an application under
Subsection (a), the department shall consider:
(1) the potential for graduates of the proposed
program to compete for current and emerging jobs or to continue
postsecondary education on release;
(2) whether the institution has a successful history
of offering programs to inmates of correctional facilities;
(3) whether the proposed program would:
(A) be offered at a correctional facility that
currently has no or limited postsecondary education or training
opportunities; and
(B) provide postsecondary education or training
opportunities to a student population that currently cannot access
similar opportunities, including by transfer to a different
facility;
(4) the amount and type of student support services,
including reentry supports, the institution proposes to offer under
the program; and
(5) any other criteria the department considers
necessary.
(c) To the extent practicable, the department shall provide
feedback on request to a postsecondary educational institution
whose application under this section is rejected.
Sec. 501.208. DATA COLLECTION AND SHARING. (a) The
department shall establish a data-sharing agreement with each
postsecondary educational institution with whom the department
contracts to offer a program to inmates of a correctional facility
under this subchapter. The agreement must ensure that the
institution complies with applicable federal or state law or
regulations.
(b) The department may enter into a memorandum of
understanding with the district, the Department of Public Safety,
the Texas Workforce Commission, the Texas Education Agency, the
Texas Higher Education Coordinating Board, and any relevant state
licensing agency to obtain and share data to:
(1) evaluate the effectiveness of postsecondary
education or training programs offered under this subchapter to
inmates of correctional facilities; and
(2) perform any evaluations of prison education
programs as required by federal law or regulations.
(c) Except as provided by other law, data used to evaluate
the effectiveness of postsecondary education or training programs
offered under this subchapter to inmates of correctional
facilities, other than personally identifying information of
students, is public information under Chapter 552.
Sec. 501.209. GIFTS, GRANTS, AND DONATIONS. The
department may solicit and accept gifts, grants, and donations from
any public or private source for the purpose of administering this
subchapter.
Sec. 501.210. ANNUAL REPORT. The department annually
shall develop and publish a list of the postsecondary education or
training programs offered under this subchapter to inmates of
correctional facilities, including for each program:
(1) the correctional facility in which the program is
offered;
(2) the postsecondary educational institution that
offers the program;
(3) whether the program is a prison education program;
and
(4) the number of inmates enrolled in the program for
that year, disaggregated by race, ethnicity, and gender.
Sec. 501.211. RULES. The board may adopt rules as
necessary to administer this subchapter.
SECTION 2. Not later than June 1, 2024, the Texas Higher
Education Coordinating Board, in collaboration with the Texas
Department of Criminal Justice and any other entity necessary for
the purpose, shall identify and implement a means of, for the
purpose of measuring academic effectiveness and other relevant
characteristics of postsecondary education or training programs
offered under Subchapter G, Chapter 501, Government Code, as added
by this Act:
(1) identifying in the coordinating board's aggregated
datasets correctional facility inmates enrolled in postsecondary
education or training programs; and
(2) separating the coordinating board's data for
correctional facility inmates enrolled in postsecondary education
or training programs offered under Subchapter G, Chapter 501,
Government Code, as added by this Act, from the coordinating
board's data for inmates enrolled in other postsecondary education
or training programs.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.