Bill Text: TX HB4251 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to requiring prior approval by the Texas Higher Education Coordinating Board to offer a degree or certificate program to certain persons who are incarcerated or subject to involuntary civil commitment.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2023-05-08 - Received from the House [HB4251 Detail]
Download: Texas-2023-HB4251-Comm_Sub.html
Bill Title: Relating to requiring prior approval by the Texas Higher Education Coordinating Board to offer a degree or certificate program to certain persons who are incarcerated or subject to involuntary civil commitment.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2023-05-08 - Received from the House [HB4251 Detail]
Download: Texas-2023-HB4251-Comm_Sub.html
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 |
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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. |