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2005 Texas Government Code CHAPTER 497. INDUSTRY AND AGRICULTURE; LABOR OF INMATES
GOVERNMENT CODE CHAPTER 497. INDUSTRY AND AGRICULTURE; LABOR OF INMATES SUBCHAPTER A. TEXAS CORRECTIONAL INDUSTRIES § 497.001. TEXAS CORRECTIONAL INDUSTRIES; DEFINITIONS. (a) Texas Correctional Industries is an office in the department. (b) In this subchapter and Subchapter B: (1) "Office" means Texas Correctional Industries. (2) "Articles and products" includes services provided through the use of work program participant labor. (3) "Work program participant" means a person who: (A) is an inmate confined in a facility operated by or under contract with the department or a defendant or releasee housed in a facility operated by or under contract with the department; and (B) works at a job assigned by the office. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.001 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.029, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.14, 1.15, eff. Sept. 1, 1999. § 497.002. PURPOSE; IMPLEMENTATION. (a) The purposes of the office are to implement this subchapter and Subchapter B to: (1) provide work program participants with marketable job skills to help reduce recidivism through a coordinated program of: (A) job skills training; (B) documentation of work history; and (C) access to resources provided by Project RIO and the Texas Workforce Commission, including access to resources provided through assistance to local workforce development boards in referring work program participants to the Project RIO employment referral services provided under Section 306.002, Labor Code; and (2) reduce department costs by providing products and articles for the department and providing products or articles for sale on a for-profit basis to the public or to agencies of the state or political subdivisions of the state. (b) To implement the purposes of the office, the department may establish and operate a prison industries program at each correctional facility that the department considers suitable for such a program. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.002 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.030, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.16, eff. Sept. 1, 1999. § 497.003. ADVISORY COMMITTEE. (a) The board may establish a prison industries advisory committee. If the board establishes a prison industries advisory committee, the advisory committee must be composed of nine members appointed by the board. In appointing members under this subsection, the board shall appoint persons who represent business and industry, including one member of the board and other persons who are: (1) local workforce development board members; (2) members of recognized labor organizations; and (3) members of the staff of the State Occupational Information Coordinating Committee. (b) Members of the advisory committee, if the advisory committee is established, serve staggered three-year terms with the terms of three members expiring February 1 of each calendar year. (c) The prison industries advisory committee shall advise the board on all aspects of prison industry operations and shall make recommendations to the board on the effective use of prison industries programs to assist work program participants in the development of job skills necessary for successful reintegration into the community after release from imprisonment. (d) Expired. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.003 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1997, 75th Leg., ch. 1360, § 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.17, eff. Sept. 1, 1999. § 497.004. LABOR, PAY. (a) The board may develop by rule and the department may administer an incentive pay scale for work program participants consistent with rules adopted by the Private Sector Prison Industries Oversight Authority under Subchapter C. Prison industries may be financed through contributions donated for this purpose by private businesses contracting with the department. The department shall apportion pay earned by a work program participant in the same manner as is required by rules adopted by the Private Sector Prison Industries Oversight Authority under Section 497.0581. (b) In assigning work program participants to available job training positions in factories, the department shall consider each participant's classification and availability for work. The department shall give priority to work program participants closest to release from imprisonment or supervision in making assignment to those job training positions that provide the most marketable skills. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.004 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(109), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 321, § 1.031, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1360, § 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.18, eff. Sept. 1, 1999. § 497.005. INDUSTRIAL RECEIPTS. The office may use money appropriated to the office in amounts corresponding to receipts from the sale of articles and products under this subchapter and Subchapter B to purchase real property, erect buildings, improve facilities, buy equipment and tools, install or replace equipment, buy industrial raw materials and supplies, and pay for other necessary expenses for the administration of this subchapter and Subchapter B. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.005 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.032, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.19, eff. Sept. 1, 1999. § 497.006. CONTRACTS WITH PRIVATE BUSINESS. (a) To encourage the development and expansion of prison industries, the prison industries office may enter into necessary contracts related to the prison industries program. (b) With the approval of the board, the office may enter into a contract with a private business to conduct a program on or off property operated by the department. Except as provided by Subsection (c), a contract entered into under this section must comply with all requirements of the Private Sector/Prison Industry Enhancement Certification Program operated by the Bureau of Justice Assistance and authorized by 18 U.S.C. Section 1761. In determining under Section 497.062 the number of participants participating in private sector prison industries programs, the department shall count the number of work program participants participating in a program under a contract entered into under this section. Not more than 500 work program participants may participate in programs under contracts entered into under this subsection. (c) A contract for the provision of services under this section must: (1) be certified by the Private Sector Prison Industries Oversight Authority as complying with all requirements of the Private Sector/Prison Industry Enhancement Certification Program operated by the Bureau of Justice Assistance and authorized by 18 U.S.C. Section 1761, other than a requirement relating to the payment of prevailing wages; (2) be certified by the authority, under rules adopted under Section 497.059, that the contract would not cause the loss of existing jobs of a specific type provided by the contracting party in this state; and (3) be approved by the board. (d) Not more than 500 work program participants may participate in programs under contracts entered into under Subsection (c). (e) Section 497.058 does not apply to the payment of a work program participant participating in a program under a contract described by Subsection (c). Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.006 and amended by Acts 1991, 72nd leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.033, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.20, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 752, § 2, eff. Sept. 1, 2005. § 497.007. GRANTS. The office may accept any grant designated for work program participant vocational rehabilitation. The office shall maintain records relating to the receipt and disbursement of grant funds and shall annually report to the board on the administration of grant funds. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.007 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.21, eff. Sept. 1, 1999. § 497.008. LEASE OF LAND. To further the expansion and development of prison industries, the department may lease prison land to a private business. A lease under this section may not exceed a term of 50 years. The business must lease the land at a mutually agreed upon price and may construct or convert plant facilities on the land. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.008 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.034, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1037, § 1, eff. June 15, 2001. § 497.009. CERTIFICATION FOR FRANCHISE TAX CREDIT. The department or the office on behalf of the department shall prepare and issue a certification that a corporation requires to establish eligibility for the franchise tax credit for wages paid to work program participants or employees who were work program participants under Subchapter L, Chapter 171, Tax Code. Added by Acts 1993, 73rd Leg., ch. 737, § 2, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 321, § 1.035, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.22, eff. Sept. 1, 1999. § 497.010. OFFENSE: SALE OR OFFER OF SALE OF PRISON-PRODUCED ARTICLES OR PRODUCTS. (a) A person commits an offense if the person intentionally sells or offers to sell on the open market in this state an article or product the person knows was manufactured in whole or in part by an inmate of the department or an inmate in any correctional facility or reformatory institution in this state or in any other state, other than an inmate: (1) who was on community supervision, parole, or mandatory supervision; (2) employed by an enterprise that has employed the inmate in order to take advantage of the franchise tax credit offered under Subchapter L, Chapter 171, Tax Code, at the time of manufacture; or (3) participating in a federally certified prison industry enhancement program. (b) An offense under this section is a Class B misdemeanor. (c) It is an exception to the application of this section that the article or product sold is: (1) a state flag or similar item produced for sale or distribution by the legislature under Section 301.034; or (2) a service provided under a contract for which the Private Sector/Prison Industry Enhancement Certification Program operated by the Bureau of Justice Assistance and authorized by 18 U.S.C. Section 1761 does not require certification. Added by Acts 1993, 73rd Leg., ch. 737, § 3, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 321, § 1.036, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 377, § 2, eff. May 29, 1999; Acts 2001, 77th Leg., ch. 1420, § 21.002(6), eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 752, § 3, eff. Sept. 1, 2005. § 497.011. CERTAIN CONTRACTS PROHIBITED. The department may not enter into a contract with a private business or public entity that requires or permits an inmate confined in a correctional facility operated by or for the department to have access to personal information about persons who are not confined in facilities operated by or for the department. Added by Acts 1999, 76th Leg., ch. 1196, § 1, eff. Sept. 1, 1999. § 497.012. REPAIR AND RESALE OF SURPLUS DATA PROCESSING EQUIPMENT. (a) The department may receive surplus or salvage data processing equipment from a state agency under Chapter 2175 or from any political subdivision that chooses to send the equipment to the department. Acceptance by the board is not necessary for receipt by the department of equipment under this section. (b) If the department determines that it is economically feasible, the department shall repair or refurbish the surplus or salvage data processing equipment. The department shall sell the repaired or refurbished data processing equipment to a school district, a state agency, or a political subdivision of the state in that relative order of preference. (c) If it is not economically feasible to repair or refurbish the surplus or salvage data processing equipment, the department shall disassemble the equipment and sell the components or retain the components in the department's inventory for future use. (d) The department shall attempt to realize the maximum benefit to the state in selling repaired or refurbished data processing equipment or the components. (e) The sales price of the components or the repaired or refurbished data processing equipment must be sufficient to defray the cost of repairing, refurbishing, or disassembling the data processing equipment. (f) Proceeds from the sale of the components or the repaired or refurbished data processing equipment shall be deposited in the industrial revolving account. The proceeds may be used only to reduce the cost of repairing and refurbishing data processing equipment. (g) The department may adopt rules to implement this section. (h) The department shall ensure that all information stored on the surplus or salvage data processing equipment received by the department under this section is removed from the equipment before any inmate is given access to the equipment. This subsection does not require the removal of any operating system or software program stored on the data processing equipment. Added by Acts 1999, 76th Leg., ch. 419, § 1, eff. Sept. 1, 1999. Renumbered from V.T.C.A., Government Code § 497.011 by Acts 2001, 77th Leg., ch. 1420, § 21.001(44), eff. Sept. 1, 2001. Amended by Acts 2005, 79th Leg., ch. 613, § 1, eff. June 17, 2005.SUBCHAPTER B. SALES OF PRISON-MADE ARTICLES OR PRODUCTS § 497.021. AUTHORITY. This subchapter governs the sale of prison-made products to governmental agencies. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997. § 497.0211. EXCEPTION: INSTITUTIONS OF HIGHER EDUCATION. This subchapter does not apply to an institution of higher education, as defined by Section 61.003, Education Code. Added by Acts 2001, 77th Leg., ch. 118, § 1.03, eff. Sept. 1, 2001. § 497.022. CONTRACTS. The department may contract with: (1) another state, the federal government, a foreign government, or an agency of any of those governments to manufacture for or sell to those governments prison-made articles or products; (2) a private or independent institution of higher education to manufacture for or sell to that school or institution prison-made articles or products; or (3) a private school or a visually handicapped person in this state to manufacture Braille textbooks or other instructional aids for the education of visually handicapped persons. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 752, § 1, eff. Sept. 1, 2005. § 497.023. PRIORITIES. Under this subchapter and Subchapter A, the office shall produce products and articles first to fulfill the needs of agencies of the state and second to fulfill the needs of political subdivisions or other purchasers. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997. § 497.024. AGENCIES AND POLITICAL SUBDIVISIONS: DUTIES TO PURCHASE. (a) If the office produces an article or product under this subchapter, an agency of the state or a political subdivision may purchase the article or product only from the office. (b) If the General Services Commission determines that an article or product produced by the office under this subchapter does not meet the requirements of an agency of the state or a political subdivision, or that the office has determined that the office is unable to fill a requisition for an article or product, the agency or subdivision may purchase the article or product from another source. (c) An agency of the state or a political subdivision may not evade the intent of this subchapter by requesting an article or product that varies slightly from standards for articles or products established under Section 497.027, if the office produces a similar article or product that is in compliance with established standards and is reasonably suited to the actual needs of the agency or subdivision. (d) This section applies to the department in the same manner as it applies to other agencies of the state. (e) The office at least once each year shall determine whether there are articles or products needed by the department that are not produced by but could be produced by the office at a reduced cost or savings to the department. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1056, § 1, eff. Sept. 1, 2003. § 497.025. PURCHASING PROCEDURE. (a) An agency of the state that purchases articles and products under this subchapter must requisition the purchase through the General Services Commission except for purchases of articles or products not included in an established contract. The purchase of articles or products not included in an established contract and that do not exceed the dollar limits established under Section 2155.132 may be acquired directly from the office on the agency's obtaining an informal or a formal quotation for the item and issuing a proper purchase order to the office. The General Services Commission and the department shall enter into an agreement to expedite the process by which agencies are required to requisition purchases of articles or products through the commission. (b) A political subdivision may purchase articles and products under this subchapter directly from the office. (c) If an agency or political subdivision purchasing goods under this subchapter desires to purchase goods or articles from the office , it may do so without complying with any other state law otherwise requiring the agency or political subdivision to request competitive bids for the article or product. Nothing herein shall be interpreted to require a political subdivision to purchase goods or articles from the office if the political subdivision determines that the goods or articles can be purchased elsewhere at a lower price. An agency may decline to purchase goods or articles from the office if the agency determines, after giving the office a final opportunity to negotiate on price, and the General Services Commission certifies, that the goods or articles can be purchased elsewhere at a lower price. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.23, eff. Sept. 1, 1999. § 497.026. PRICES. The office and the General Services Commission shall determine the sales price of articles and products produced under this subchapter. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997. § 497.027. SPECIFICATIONS. (a) The General Services Commission shall establish specifications for articles and products produced under this subchapter. An article or product produced under this subchapter must meet specifications established under this subsection in effect when the article or product is produced. (b) The office may manufacture articles and products to meet commercial specifications for the article or product if the General Services Commission has not established specifications for the article or product and the commission approves the commercial specifications. Amended by Acts 1997, 75th Leg., ch. 165, § 17.19(14), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997. § 497.028. CATALOGS. The office shall prepare catalogs that accurately and completely describe articles and products produced under this subchapter. The office shall send copies of the catalogs to all state agencies and make the catalogs available to political subdivisions. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997. § 497.029. NEW ARTICLES AND PRODUCTS. The General Services Commission may request the office to produce additional articles or products under this subchapter. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997. § 497.030. GENERAL SERVICES COMMISSION REPORTS. (a) Not later than the 31st day before the first day of each fiscal year, the General Services Commission shall submit to the office a report that summarizes the types and amounts of articles and products sold under this subchapter in the preceding nine months. (b) Not later than the 100th day after the last day of each fiscal year, the General Services Commission shall submit to the office a report that states the types and amounts of articles and products sold under this subchapter in the preceding fiscal year. (c) A report submitted by the General Services Commission under this section must describe the articles and products to the extent possible in the manner those articles and products are described in catalogs prepared under Section 497.028. Amended by Acts 1997, 75th Leg., ch. 1409, § 1, eff. Sept. 1, 1997. § 497.031. SALE OF STATE FLAGS TO STATE AGENCY. The department shall sell state flags to the Commission on Law Enforcement Officer Standards and Education at a price that does not exceed the department's cost in producing or obtaining the state flags. Added by Acts 2001, 77th Leg., ch. 476, § 2, eff. Sept. 1, 2001.SUBCHAPTER C. PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT AUTHORITY § 497.051. PURPOSE; DEFINITION . (a) The Private Sector Prison Industries Oversight Authority is created to approve, certify, and oversee the operation of private sector prison industries programs in the department, the Texas Youth Commission, and in county correctional facilities in compliance with the federal prison enhancement certification program established under 18 U.S.C. Section 1761. The executive director shall provide the authority with clerical and technical support as necessary for the authority to perform duties imposed on the authority by this subchapter and shall ensure that the department implements the policies adopted by the authority that relate to the operation of private sector prison industries programs. (b) In this subchapter: (1) "Authority" means the Private Sector Prison Industries Oversight Authority. (2) "Participant" means a participant in a private sector prison industries program. Added by Acts 1991, 72nd Leg., ch. 16, § 10.01(a). Amended by Acts 1995, 74th Leg., ch. 318, § 69, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1188, § 1.24, eff. Sept. 1, 1999. § 497.052. MEMBERSHIP. (a) The authority is composed of eight members appointed by the governor: (1) one of whom is representative of organized labor; (2) one of whom is representative of employers; (3) one of whom is representative of groups advocating the rights of victims of criminal offenses; (4) one of whom is representative of groups advocating the rights of inmates; (5) one of whom is experienced in the field of vocational rehabilitation; and (6) three of whom are public members. (b) The following individuals shall serve as ex officio members of the authority: (1) a member of the house of representatives designated by the speaker of the house; (2) a member of the senate designated by the lieutenant governor; (3) the executive director of the Texas Department of Criminal Justice or the designee of the executive director; (4) the executive director of the Texas Workforce Commission or the designee of the executive director; and (5) the executive director of the Texas Youth Commission or the designee of the executive director. (c) The governor shall appoint as an employer liaison to the authority one person who is an employer in the private sector prison industries program that is certified as in compliance with the federal prison enhancement certification program established under 18 U.S.C. Section 1761. The employer liaison is entitled to attend meetings of the authority and offer advice to the authority from the perspective of a prison industries employer. The employer liaison serves at the pleasure of the governor, is not entitled to vote on any issue considered by the authority, and is entitled to reimbursement for travel expenses in the same manner as is a member of the authority under Section 497.055. (d) A person may not be a public member of the authority if the person or the person's spouse: (1) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the authority; (2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the authority; or (3) uses or receives a substantial amount of tangible goods, services, or money from the authority other than compensation or reimbursement authorized by law for authority membership, attendance, or expenses. (e) Appointments to the authority shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.25(a), 2.01, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1170, § 33.01, eff. Sept. 1, 2003. § 497.0521. CONFLICTS OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (b) A person may not be a member of the authority and may not be an authority employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of private sector prison industries; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of private sector prison industries. (c) A person may not be a member of the authority or act as the general counsel to the authority if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the authority. Added by Acts 1999, 76th Leg., ch. 1188, § 2.02, eff. Sept. 1, 1999. § 497.0522. REMOVAL PROVISIONS. (a) It is a ground for removal from the authority that a member: (1) does not have at the time of taking office the qualifications required by Section 497.052(a); (2) does not maintain during service on the authority the qualifications required by Section 497.052(a); (3) is ineligible for membership under Section 497.052(d) or 497.0521(b) or (c); (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled authority meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the authority. (b) The validity of an action of the authority is not affected by the fact that it is taken when a ground for removal of an authority member exists. (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the authority of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the authority, who shall then notify the governor and the attorney general that a potential ground for removal exists. Added by Acts 1999, 76th Leg., ch. 1188, § 2.02, eff. Sept. 1, 1999. § 497.0523. INFORMATION: REQUIREMENTS FOR OFFICE OR EMPLOYMENT. The executive director or the executive director's designee shall provide to members of the authority and to agency employees, as often as necessary, information regarding the requirements for office or employment under this subchapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. Added by Acts 1999, 76th Leg., ch. 1188, § 2.02, eff. Sept. 1, 1999. § 497.0524. TRAINING PROGRAM. (a) A person who is appointed to and qualifies for office as a member of the authority may not vote, deliberate, or be counted as a member in attendance at a meeting of the authority until the person completes a training program that complies with this section. (b) The training program must provide the person with information regarding: (1) the legislation that created the authority; (2) the programs operated by the authority; (3) the role and functions of the authority; (4) the rules of the authority; (5) the current budget for the authority; (6) the results of the most recent formal audit of the authority; (7) the requirements of: (A) the open meetings law, Chapter 551; (B) the public information law, Chapter 552; (C) the administrative procedure law, Chapter 2001; and (D) other laws relating to public officials, including conflict of interest laws; and (8) any applicable ethics policies adopted by the department or the Texas Ethics Commission. (c) A person appointed to the authority is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. Added by Acts 1999, 76th Leg., ch. 1188, § 2.02, eff. Sept. 1, 1999. § 497.0525. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The authority shall develop and implement policies that clearly separate the policymaking responsibilities of the authority and the management responsibilities of the staff of the authority. Added by Acts 1999, 76th Leg., ch. 1188, § 2.02, eff. Sept. 1, 1999. § 497.0526. PUBLIC ACCESS. The authority shall develop and implement policies that provide the public with a reasonable opportunity to appear before the authority and to speak on any issue under the jurisdiction of the authority. Added by Acts 1999, 76th Leg., ch. 1188, § 2.02, eff. Sept. 1, 1999. § 497.0527. COMPLAINTS. (a) The authority shall maintain a file on each written complaint filed with the authority. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the authority; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) an explanation of the reason the file was closed, if the authority closed the file without taking action other than to investigate the complaint. (b) The authority shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the authority's policies and procedures relating to complaint investigation and resolution. (c) The authority, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation. Added by Acts 1999, 76th Leg., ch. 1188, § 2.02, eff. Sept. 1, 1999. § 497.053. TERMS. Appointed members of the authority serve staggered six-year terms, with two or three members' terms expiring on February 1 of each odd-numbered year. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1170, § 33.02, eff. Sept. 1, 2003. § 497.054. PRESIDING OFFICER. The governor shall designate the presiding officer from among the members of the authority, and the presiding officer shall serve in that capacity at the pleasure of the governor. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. § 497.055. REIMBURSEMENT. A member of the authority is not entitled to compensation but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the authority as provided in the General Appropriations Act. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. § 497.056. PRIVATE SECTOR PRISON INDUSTRIES EXPANSION ACCOUNT. (a) The department shall forward money collected under Section 497.0581 to the comptroller. The comptroller shall deposit the money in the general revenue fund. (b) To construct more facilities and increase the number of participants, the private sector prison industry expansion account is created as an account in the general revenue fund. Money in the account may be appropriated only to construct work facilities, recruit corporations to participate as private sector industries programs, and pay costs of the authority and department in implementing this subchapter, including the cost to the department in reimbursing authority members and the employer liaison for expenses. (c) On each certification by the department that an amount has been deposited to the credit of the general revenue fund from deductions from participants' wages under Section 497.0581, the comptroller shall transfer an equivalent amount from the general revenue fund to the private sector prison industry expansion account, until the balance in the account is $2 million. On a certification occurring when the balance in the account is more than $2 million, the comptroller shall transfer to the account an amount equal to one-half of the amount deposited to the credit of the general revenue fund from deductions from participants' wages. (d) The department during each calendar quarter shall make a certification of the amount deposited during the previous calendar quarter to the credit of the general revenue fund from deductions from participants' wages under Section 497.0581. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.26, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1037, § 2, eff. June 15, 2001. § 497.057. RULES. The authority shall adopt rules as necessary to ensure that the private sector prison industries program authorized by this subchapter is in compliance with the federal prison enhancement certification program established under 18 U.S.C. 1761. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. § 497.058. PIECP WAGE. (a) The authority by rule shall require that participants at each private sector prison industries program be paid not less than the prison industry enhancement certification program (PIECP) wage as computed by the Texas Workforce Commission, except that: (1) the authority may permit employers to pay a participant the federal minimum wage for the two-month period beginning on the date participation begins; and (2) the minimum wage for participants under the supervision of the Texas Youth Commission, because of the age of the participants and the extensive training component of their employment, is the federal minimum wage. (b) For the purposes of computations required by this section: (1) the PIECP wage is the wage paid by the employer for work of a similar nature in the location in which the work is performed; (2) in the event that the employer has no employees other than those employed under this subchapter performing work of a similar nature within the location, the prevailing wage for work of a similar nature is determined by reference to openings and wages by occupation data collected by the labor market information department of the Texas Workforce Commission; and (3) the location in which work is performed is the local workforce development area in which the work is performed. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.27, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1056, § 2, eff. Sept. 1, 2003. § 497.0581. PARTICIPANT CONTRIBUTIONS; ASSISTANCE ACCOUNT. (a) The authority by rule shall determine the amount of deductions to be taken from wages received by the participant under this subchapter. The authority may establish deductions for participants under the supervision of the Texas Youth Commission that are different than deductions established for other participants in the program. In determining the amount of deductions under this section, the authority shall ensure that the deductions do not place the private sector prison industries programs in the department in noncompliance with the federal prison enhancement certification program established under 18 U.S.C. Section 1761. (b) The private sector prison industry crime victims assistance account is created as an account in the general revenue fund. Money in the account may be appropriated only to the authority for the purpose of aiding victims of crime, under rules adopted by the authority. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.28, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1037, § 3, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 1056, § 3, eff. Sept. 1, 2003. § 497.059. LIMITING IMPACT ON NON-PRISON INDUSTRY. (a) The authority may not grant initial certification to a private sector prison industries program if the authority determines that the operation of the program would result in the loss of existing jobs provided by the employer in this state. (b) The authority shall adopt rules to determine whether a program would cause the loss of existing jobs of a specific type provided by the employer in this state. (c) For the purposes of this section, a program does not result in the loss of existing jobs if, at the time of initial certification, the jobs are performed by workers in a foreign country. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.29, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1056, § 4, eff. Sept. 1, 2003. § 497.060. WORKERS' COMPENSATION. The authority by rule shall require private sector prison industries program employers to meet or exceed all federal requirements for providing compensation to participants injured while working. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.30, eff. Sept. 1, 1999. § 497.061. RECIDIVISM STUDIES. The authority, with the cooperation of the Criminal Justice Policy Council, shall gather data to determine whether participation in a private sector prison industries program is a factor that reduces recidivism among participants. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.31, eff. Sept. 1, 1999. § 497.062. LIMITATION ON NUMBER OF PARTICIPANTS; GOALS. (a) The authority may certify any number of private sector prison industries programs that meet or exceed the requirements of federal law and the rules of the authority, but in no event may the authority permit more than 5,000 participants in the program at any one time. (b) The authority shall establish as a goal that the program have at least 1,800 participants by January 1, 2006. Added by Acts 1997, 75th Leg., ch. 1236, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.32, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1037, § 4, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 1056, § 5, eff. Sept. 1, 2003.SUBCHAPTER D. TRUSTIES § 497.081. APPOINTMENT. (a) For the purposes of this subchapter, only the institutional division may appoint an inmate to serve as a trusty, under policies adopted by the director of the institutional division. (b) The institutional division may not appoint an inmate to serve as a trusty for the purposes of this subchapter unless the inmate has a good record in the division. (c) An inmate who is serving three or more terms may be used as a trusty for the purposes of this subchapter only if the inmate has an unblemished record in the institutional division and the inmate has served more than one-half of the inmate's sentence. (d) An inmate may not be appointed to serve as a trusty for the purposes of this subchapter if the inmate has attempted an escape in which the inmate: (1) used a firearm or other deadly weapon; or (2) wounded a guard or other person. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.081 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.039, eff. Sept. 1, 1995. § 497.082. USE OF REGULAR INMATES AS TRUSTIES PROHIBITED. An employee of the institutional division may not use the inmate as a trusty unless the division appoints the inmate to serve as a trusty. However, in the case of an extreme emergency, as determined by a farm manager, the farm manager may fill a vacancy in a position formerly held by a trusty by appointing an inmate to serve in that position for not more than 10 days. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.082 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. § 497.083. RESTRICTIONS ON TRUSTIES. (a) A trusty may not be permitted to leave the location where the institutional division has assigned the trusty unless the trusty is on division business. (b) A trusty may not be at large or off institutional division property after 9 p.m. unless accompanied by a guard or other employee of the division or a member of the board. (c) Subsection (b) does not apply to a trusty who operates pumps or other necessary machinery at night on an institutional division farm. (d) Employees of the institutional division who are in charge of trusties shall ensure that trusties required to be inside division buildings not later than 9 p.m. are inside by that time. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.083 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. § 497.084. HONOR FARMS. This subchapter does not apply to an institutional division farm established by the board as an honor farm. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.084 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. § 497.085. FAILURE TO ENFORCE; REMOVAL. A member of the board or employee of the institutional division who is required to enforce this subchapter and fails or refuses to do so is subject to removal from the board or from employment. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.085 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991.SUBCHAPTER E. GENERAL PROVISIONS RELATED TO INMATE LABOR § 497.091. CONTRACTS FOR INMATE LABOR. (a) In this section: (1) "Agency" has the meaning assigned that term by Section 771.002. (2) "Local government" has the meaning assigned that term by Section 791.003. (b) The department shall seek contracts with agencies and local governments to provide inmate labor to those agencies and governments, with the department giving priority to seeking contracts for the use of inmate labor for service projects that benefit the public. (c) The department may not enter into a contract with an agency under this section unless the contract complies with Chapter 771 and may not enter into a contract with a local government under this section unless the contract complies with Chapter 791. A contract entered into under this section may provide that the department be reimbursed for expenses incurred by the division in providing inmate labor to the agency or local government. (d) The department shall make reasonable efforts to contract with nonprofit organizations that provide services to the general public and enhance social welfare and the general well-being of the community to provide inmate labor to those organizations. In entering contracts under this subsection, the department should give preference to nonprofit organizations that will use the inmate labor in a manner that increases the inmates' vocational skills. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.091 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.041, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1409, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 302, § 1, eff. May 29, 1999; Acts 1999, 76th Leg., ch. 1188, § 1.33, eff. Sept. 1, 1999. § 497.092. HIGHWAY IMPROVEMENT. (a) The board and the Texas Transportation Commission may enter into and perform an agreement or contract for the use of inmate labor for a state highway improvement project. (b) An agreement or contract entered into under this section and payments made under the agreement or contract must conform with Chapter 771. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.092 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 165, § 22(39), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 321, § 1.042, eff. Sept. 1, 1995. § 497.093. INMATE LABOR AT SAM HOUSTON STATE UNIVERSITY. The institutional division may provide trusties to work at Sam Houston State University. The institutional division shall maintain control over the trusties at all times. Time spent by a trusty working at the university is considered time spent by the inmate in custody. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.093 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. § 497.094. JOB TRAINING PROGRAMS. (a) The department shall implement a job training program for each job performed by an inmate confined in a facility operated by or under contract with the department or a defendant or releasee housed in a facility operated by or under contract with the department and monitor the success of those programs. The department shall also establish a permanent record for each inmate, defendant, or releasee. The record must describe the types of job training provided to the inmate, defendant, or releasee by the department. On release from imprisonment or supervision, the department shall provide the inmate, defendant, or releasee with a copy of the record. The department shall collect information relating to the employment histories of inmates released from the institutional division on parole and mandatory supervision. (b) The department and the Texas Workforce Investment Council by rule shall adopt a memorandum of understanding that establishes the respective responsibility of those entities to provide through local workforce development boards job training and employment assistance to persons formerly sentenced to the institutional division or the state jail division and information on services available to employers or potential employers of those persons. The department shall coordinate the development of the memorandum of understanding. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.094 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, § 1.043, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 611, § 4, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 1188, § 1.34, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 818, § 6.07, eff. Sept. 1, 2003. § 497.095. INMATE'S WORK RECORD. The department shall establish a permanent record for each inmate confined, and for each defendant or releasee housed, in a facility operated by or under contract with the department who participates in a department work program. The record must describe the type or types of work performed by the inmate, defendant, or releasee during the person's confinement or supervision and must contain evaluations of the performance of and proficiency at tasks assigned and a record of the attendance at work by the inmate, defendant, or releasee. On release from imprisonment or supervision, the department shall provide the inmate, defendant, or releasee with a copy of a record made by the department under this section. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.095 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1999, 76th Leg., ch. 1188, § 1.35, eff. Sept. 1, 1999. § 497.096. LIABILITY PROTECTIONS. An employee of the Texas Department of Criminal Justice, sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, employee of a community corrections and supervision department, restitution center, or officer or employee of a political subdivision other than a county is not liable for damages arising from an act or failure to act in connection with community service performed by an inmate imprisoned in a facility operated by the department or in connection with an inmate or offender programmatic or nonprogrammatic activity, including work, community service, educational, and treatment activities, if the act or failure to act was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others. Added by Acts 1993, 73rd Leg., ch. 201, § 5, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 321, § 1.044, eff. Sept. 1, 1995. § 497.097. USE OF STATE JAIL FELONS. The department may use the labor of defendants confined in a state jail felony facility in any work or community service program or project performed by the institutional division. Added by Acts 1995, 74th Leg., ch. 321, § 1.045, eff. Sept. 1, 1995. § 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. (a) The department shall require each inmate and each defendant or releasee housed in a facility operated by or under contract with the department to work in an agricultural, industrial, or other work program to the extent that the inmate, defendant, or releasee is physically and mentally capable of working. The department may waive the work requirement for an inmate, defendant, or releasee as necessary to maintain security or to permit the inmate, defendant, or releasee to participate in rehabilitative programming. (b) The board may develop by rule and the department may administer an incentive pay scale program for inmates required to work in agricultural, industrial, or other work programs. In developing the program, the board shall set pay levels not to unjustly reward inmates, but rather to instruct inmates on the virtues of diligent participation in the workplace. The department shall deposit an amount earned by an inmate under this subsection into the inmate's trust fund and may deduct not more than 80 percent of the amount deposited under this subsection for payment of restitution and dependent care owed by the inmate. This subsection does not apply to the compensation of an inmate participating in a Texas Correctional Industries program under Subchapter A or an inmate participating in a private sector prison industries program under Subchapter C. Added by Acts 1999, 76th Leg., ch. 1188, § 1.36, eff. Sept. 1, 1999.SUBCHAPTER F. AGRICULTURE § 497.111. ADVISORY COMMITTEE ON AGRICULTURE. (a) The Advisory Committee on Agriculture to the institutional division is created. (b) The advisory committee consists of five members. One member must be a member of the board, and if possible that member should have a knowledge of agriculture. One member must be a member of the faculty at Texas A&M University with expertise in agriculture. The other members must be citizens of the state with knowledge of agriculture. The board shall appoint the board member, the faculty member from Texas A&M University, and two of the citizen members. The commissioner of agriculture shall appoint the remaining citizen member. (c) Members of the advisory committee serve at the will of the board. (d) The member of the advisory committee who is the board member serves as chairman of the advisory committee. (e) Members of the advisory committee are not entitled to compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing their official duties as advisory committee members. (f) Necessary costs for the operation of the committee shall be paid from funds appropriated to the board. (g) The advisory committee shall hold regular quarterly meetings on dates fixed by the committee and special meetings as the committee determines necessary. (h) The advisory committee shall keep a public record of its decisions at the general office of the institutional division. (i) The advisory committee shall present to the board periodic evaluations of agricultural programs, suggestions for new areas of agricultural operations, and reviews related to the need for mechanization and the use of inmate labor in agricultural operations. The committee shall report to the board on its activities at least twice each year. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.111 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. § 497.112. AGRICULTURAL EFFICIENCY AND ECONOMY. (a) The institutional division shall review annually the agricultural operations of the division. The review must include: (1) a cost-effectiveness analysis of all agricultural programs; (2) a determination as to whether the institutional division could more economically purchase certain agricultural products rather than produce those products; and (3) a determination as to whether certain agricultural operations performed by inmates could be mechanized, taking into account whether mechanization would adversely affect security or inmate discipline. (b) The institutional division shall use the information provided by the annual review in developing and improving agricultural operations. (c) The institutional division shall provide the board with a copy of the annual review required by this section. Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Government Code § 496.112 and amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 26, 1991. § 497.113. SURPLUS AGRICULTURAL PROPERTY AND PRODUCTS. (a) The board may authorize the sale or disposal of surplus agricultural products and personal property owned by the department, other than products or property produced for sale by the department. (b) Products and property described by Subsection (a) shall be sold under rules adopted by the board and at prices and terms set pursuant to those rules. (c) The department may use surplus agricultural capacity to provide agricultural products to a nonprofit organization at no profit to the department. (d) The department is encouraged to enter into agreements with nonprofit food banks. An agreement under this subsection may provide that a food bank will supply seed and fertilizer to the department and that the department will in turn provide to the food bank agricultural products grown from the seed and with the assistance of the fertilizer. For the purpose of this subsection, "nonprofit food bank" means a nonprofit organization that solicits, warehouses, and redistributes edible food to agencies that feed needy families and individuals. Added by Acts 1997, 75th Leg., ch. 1409, § 3, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 303, § 1, eff. May 29, 1999.
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