Prison Phone Justice

S.B.ANo.A1580

AN ACT

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relating

to

the

provision

of

pay

telephone

service

to

inmates

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confined in facilities operated by the Texas Department of Criminal

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Justice.

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

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

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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

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provide

pay

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facilities operated by the department.

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

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contract the vendor:

service

(1)AAprovides

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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;

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

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

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provided;

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(3)AAprovides a system with the capacity to:

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(A)AAcompile approved inmate call lists;

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

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necessary;

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(C)AAoversee

entry

numbers;

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of

personal

identification

S.B.ANo.A1580
(D)AAuse

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biometric

identifier

of

the

inmate

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

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a

inmate calling patterns; and
(F)AAnetwork

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all

individual

facility

systems

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together to allow the same investigative monitoring from department

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

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

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require a department operator;

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(6)AAprovides for periodic review by the state auditor

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of documents maintained by the vendor regarding billing procedures

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and statements, rate structures, computed commissions, and service

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metering;
(7)AAensures

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that

a

ratio

of

not

greater

than

30

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eligible inmates per communication device is maintained at each

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facility;

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

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

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

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jails; and

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

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

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

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service.

The initial term of the contract may not be less than

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S.B.ANo.A1580
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seven years.

The contract must provide the board with the option of

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

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department

shall

transfer

50

percent

of

all

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

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the compensation to victims of crime fund established by Subchapter

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

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to the credit of the undedicated portion of the general revenue

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fund,

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million of the commissions collected in any given year under a

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contract awarded under this section to the compensation to victims

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

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Criminal Procedure.

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to the department.

except

that

the

department

shall

transfer

the

first

$10

This section does not reduce any appropriation

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

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

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confined in a facility operated by the department, including a

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

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The policies adopted under this subsection may not unduly restrict

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calling patterns or volume and must allow for an average monthly

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

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

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

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

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preapproved by the department.

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

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section are recorded and preserved for a reasonable period of time

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for law enforcement and security purposes.

Except as provided by Subsection

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A recording under this

S.B.ANo.A1580
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subsection is excepted from disclosure under Chapter 552.
(f)AAThe

department

shall

communication

is

ensure

that

monitored

or

no

confidential

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attorney-client

recorded

by

the

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

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

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attorney who represents an inmate to ensure that communication

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

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SECTIONA2.AAThe Texas Board of Criminal Justice shall award a

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

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Act, not later than September 1, 2008.

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SECTIONA3.AAThis Act takes effect immediately if it receives

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

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provided by Section 39, Article III, Texas Constitution.

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

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Act takes effect September 1, 2007.

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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

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