(a) The commission may authorize the department to contract with a criminal justice agency or a private correctional facility for the provision of inmate labor or the labor of persons placed on community supervision for a state highway system improvement project.
(b) A contract with a criminal justice agency must be made in conformity with Chapter 771, Government Code.

(c) In this section, “criminal justice agency” includes:
(1) the Texas Department of Criminal Justice;
(2) a community supervision and corrections department established under Chapter 76, Government Code; and
(3) a sheriff’s department operating:
(A) a county farm or workhouse established under Article 43.10, Code of Criminal Procedure; or
(B) a county correctional center established under § 351.181, Local Government Code.
(d) A contract with a private correctional facility under this section may not provide for the transfer of public funds to the private correctional facility for the use of inmate labor.
(e) The commission may authorize the department to contract with the Texas Department of Criminal Justice for the provision of inmate labor or the labor of persons placed on community supervision for a brush control project, as defined by § 203.001, Agriculture Code, on an area located on or adjacent to a state highway system improvement project.
(f) The State Soil and Water Conservation Board may also enter into a contract with the Texas Department of Criminal Justice for the provision of inmate labor or the labor of persons placed on community supervision to perform a brush control project described by Subsection (e) or under Chapter 203, Agriculture Code.