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.