HBA-MSH, MPM H.B. 123 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 123
By: West, George "Buddy"
Corrections
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

A large number of inmates in Texas prisons do not have a high school
education.  Currently, the institutional division of the Texas Department
of Criminal Justice (TDCJ) operates a program to teach reading to
illiterate inmates housed in its facilities.  Illiterate inmates are
required to receive reading instruction for a certain number of hours per
week.   No such requirement exists for inmates to participate in a program
to receive a high school general equivalency certificate (certificate)
while housed in TDCJ facilities.  Requiring inmates to participate in a
program to receive a high school education will increase their educational
level and job skills prior to their release.  House Bill 123 requires
certain inmates of TDCJ without a high school diploma or certificate to
participate in a program designed to help the inmate earn a certificate.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 123 amends the Government Code to provide that the Texas
Department of Criminal Justice (TDCJ) shall require an inmate without a
high school diploma or general equivalency certificate (certificate) to
participate in available educational programming designed to help the
inmate earn a certificate.  This provision is inapplicable to an inmate on
death row or confined in administrative segregation or close custody.  The
bill authorizes TDCJ to waive the educational requirement provided by the
bill if it determines that an the inmate lacks the learning ability to earn
a certificate.  TDCJ is authorized to limit participation in the program
based on capacity and to assign inmates to participate on the basis of
their release dates, using the TDCJ's individualized treatment plans. 

EFFECTIVE DATE

September 1, 2001.