S.B.ANo.A1580

AN ACT

1
2

relating

to

the

provision

of

pay

telephone

service

to

inmates

3

confined in facilities operated by the Texas Department of Criminal

4

Justice.

5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

6

SECTIONA1.AASubchapter B, Chapter 495, Government Code, is

7
8
9

amended by adding Section 495.025 to read as follows:
Sec.A495.025.AAINMATE PAY TELEPHONE SERVICE.

(a)AAThe board

shall request proposals from private vendors for a contract to

10

provide

pay

11

facilities operated by the department.

12

proposal or award a contract to provide the service unless under the

13

contract the vendor:

service

(1)AAprovides

14
15

telephone

to

for

eligible

inmates

confined

in

The board may not consider a

installation,

operation,

and

maintenance of the service without any cost to the state;

16

(2)AApays the department a commission of not less than

17

40 percent of the gross revenue received from the use of any service

18

provided;

19

(3)AAprovides a system with the capacity to:

20

(A)AAcompile approved inmate call lists;

21

(B)AAverify numbers to be called by inmates, if

22

necessary;

23
24

(C)AAoversee

entry

numbers;

1

of

personal

identification

S.B.ANo.A1580
(D)AAuse

1
2

biometric

identifier

of

the

inmate

making the call;
(E)AAgenerate reports to department personnel on

3
4

a

inmate calling patterns; and
(F)AAnetwork

5

all

individual

facility

systems

6

together to allow the same investigative monitoring from department

7

headquarters that is available at each facility;
(4)AAprovides on-site monitoring of calling patterns

8
9

and customizes technology to provide adequate system security;
(5)AAprovides a fully automated system that does not

10
11

require a department operator;

12

(6)AAprovides for periodic review by the state auditor

13

of documents maintained by the vendor regarding billing procedures

14

and statements, rate structures, computed commissions, and service

15

metering;
(7)AAensures

16

that

a

ratio

of

not

greater

than

30

17

eligible inmates per communication device is maintained at each

18

facility;

19

(8)AAensures that no charge will be assessed for an

20

uncompleted call and that the charge for local calls will not be

21

greater than the highest rate for local calls for inmates in county

22

jails; and

23
24

(9)AAensures that each eligible inmate or person acting
on behalf of an eligible inmate may prepay for the service.

25

(b)AAThe board shall award a contract to a single private

26

vendor to install, operate, and maintain the inmate pay telephone

27

service.

The initial term of the contract may not be less than

2

S.B.ANo.A1580
1

seven years.

The contract must provide the board with the option of

2

renewing the contract for additional two-year terms.
(c)AAThe

3

department

shall

transfer

50

percent

of

all

4

commissions paid to the department by a vendor under this section to

5

the compensation to victims of crime fund established by Subchapter

6

B, Chapter 56, Code of Criminal Procedure, and the other 50 percent

7

to the credit of the undedicated portion of the general revenue

8

fund,

9

million of the commissions collected in any given year under a

10

contract awarded under this section to the compensation to victims

11

of crime fund established by Subchapter B, Chapter 56, Code of

12

Criminal Procedure.

13

to the department.

except

that

the

department

shall

transfer

the

first

$10

This section does not reduce any appropriation

14

(d)AASubject to board approval, the department shall adopt

15

policies governing the use of the pay telephone service by an inmate

16

confined in a facility operated by the department, including a

17

policy governing the eligibility of an inmate to use the service.

18

The policies adopted under this subsection may not unduly restrict

19

calling patterns or volume and must allow for an average monthly

20

call usage rate of eight calls, with each call having an average

21

duration of not less than 10 minutes, per eligible inmate.

22

(e)AAThe department shall ensure that the inmate is allowed

23

to communicate only with persons who are on a call list that is

24

preapproved by the department.

25

(f), the department shall ensure that all communications under this

26

section are recorded and preserved for a reasonable period of time

27

for law enforcement and security purposes.

Except as provided by Subsection

3

A recording under this

S.B.ANo.A1580
1
2

subsection is excepted from disclosure under Chapter 552.
(f)AAThe

department

shall

communication

is

ensure

that

monitored

or

no

confidential

3

attorney-client

recorded

by

the

4

department or any person acting on the department ’s behalf and

5

shall provide to the vendor the name and telephone number of each

6

attorney who represents an inmate to ensure that communication

7

between the inmate and the attorney is not monitored or recorded.

8

SECTIONA2.AAThe Texas Board of Criminal Justice shall award a

9

contract under Section 495.025, Government Code, as added by this

10

Act, not later than September 1, 2008.

11

SECTIONA3.AAThis Act takes effect immediately if it receives

12

a vote of two-thirds of all the members elected to each house, as

13

provided by Section 39, Article III, Texas Constitution.

14

Act does not receive the vote necessary for immediate effect, this

15

Act takes effect September 1, 2007.

4

If this

S.B.ANo.A1580

______________________________
______________________________
President of the SenateAAAAAAAAAAAAASpeaker of the House
I hereby certify that S.B.ANo.A1580 passed the Senate on
AprilA26,A2007, by the following vote:AAYeasA31, NaysA0.

______________________________
AAAASecretary of the Senate
I

hereby

certify

that

S.B.ANo.A1580

passed

the

House

on

MayA2,A2007, by the following vote:AAYeasA143, NaysA0, two present
not voting.

______________________________
AAAAChief Clerk of the House

Approved:

______________________________
AAAAAAAAAAAAADate

______________________________
AAAAAAAAAAAGovernor

5