| 1 | 1 | | 81R6737 NC-F |
|---|
| 2 | 2 | | By: Dutton H.B. No. 1714 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the repeal of the authority of a county to contract with |
|---|
| 8 | 8 | | a private entity for jail facilities. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. It is the policy of the state that the public |
|---|
| 11 | 11 | | interest is best served if inmates are housed in a jail facility |
|---|
| 12 | 12 | | that is owned and operated by a governmental entity accountable to |
|---|
| 13 | 13 | | the elected officials of the county and the taxpayers who fund the |
|---|
| 14 | 14 | | facility. |
|---|
| 15 | 15 | | SECTION 2. Section 495.024, Government Code, is amended to |
|---|
| 16 | 16 | | read as follows: |
|---|
| 17 | 17 | | Sec. 495.024. RELEASE OF OUT-OF-STATE INMATES. A county or |
|---|
| 18 | 18 | | a municipality or a private vendor operating a correctional |
|---|
| 19 | 19 | | facility under a contract with a [county under Subchapter F, |
|---|
| 20 | 20 | | Chapter 351, Local Government Code, or a] municipality under |
|---|
| 21 | 21 | | Subchapter E, Chapter 361, Local Government Code, that enters into |
|---|
| 22 | 22 | | a contract with any entity to house in this state inmates convicted |
|---|
| 23 | 23 | | of offenses committed against the laws of another state of the |
|---|
| 24 | 24 | | United States must require as a condition of the contract that each |
|---|
| 25 | 25 | | inmate to be released from custody must be released in the sending |
|---|
| 26 | 26 | | state. |
|---|
| 27 | 27 | | SECTION 3. Sections 511.0092(a) and (h), Government Code, |
|---|
| 28 | 28 | | are amended to read as follows: |
|---|
| 29 | 29 | | (a) The only entities other than the state that are |
|---|
| 30 | 30 | | authorized to operate a correctional facility to house in this |
|---|
| 31 | 31 | | state inmates convicted of offenses committed against the laws of |
|---|
| 32 | 32 | | another state of the United States are: |
|---|
| 33 | 33 | | (1) a county or municipality; and |
|---|
| 34 | 34 | | (2) a private vendor operating a correctional facility |
|---|
| 35 | 35 | | under a contract with a county under former Subchapter F, Chapter |
|---|
| 36 | 36 | | 351, Local Government Code, as it existed on January 1, 2009, or a |
|---|
| 37 | 37 | | municipality under Subchapter E, Chapter 361, Local Government |
|---|
| 38 | 38 | | Code. |
|---|
| 39 | 39 | | (h) Notwithstanding the provisions of Chapter 252[, Chapter |
|---|
| 40 | 40 | | 262, Subchapter F, Chapter 351,] or Subchapter E, Chapter 361, |
|---|
| 41 | 41 | | Local Government Code, the governing body of a municipality [or a |
|---|
| 42 | 42 | | county commissioners court] may enter into a contract with a |
|---|
| 43 | 43 | | private vendor to provide professional services under this section |
|---|
| 44 | 44 | | if the commission reviews and approves the private vendor's |
|---|
| 45 | 45 | | qualifications to provide such services and the terms of the |
|---|
| 46 | 46 | | proposed contract comply with this section. |
|---|
| 47 | 47 | | SECTION 4. Section 89.001(2), Health and Safety Code, is |
|---|
| 48 | 48 | | amended to read as follows: |
|---|
| 49 | 49 | | (2) "County jail" means a facility operated by or for a |
|---|
| 50 | 50 | | county for the confinement of persons accused or convicted of an |
|---|
| 51 | 51 | | offense and includes: |
|---|
| 52 | 52 | | (A) a facility operated by or for a county for the |
|---|
| 53 | 53 | | confinement of persons accused or convicted of an offense; |
|---|
| 54 | 54 | | (B) a county jail or a correctional facility |
|---|
| 55 | 55 | | authorized under former [by] Subchapter F, Chapter 351, Local |
|---|
| 56 | 56 | | Government Code, as it existed on January 1, 2009; and |
|---|
| 57 | 57 | | (C) a county correctional center authorized by |
|---|
| 58 | 58 | | Subchapter H, Chapter 351, Local Government Code. |
|---|
| 59 | 59 | | SECTION 5. Subchapter F, Chapter 351, Local Government |
|---|
| 60 | 60 | | Code, is repealed. |
|---|
| 61 | 61 | | SECTION 6. The change in law made by this Act does not apply |
|---|
| 62 | 62 | | to a contract executed under Subchapter F, Chapter 351, Local |
|---|
| 63 | 63 | | Government Code, or to requirements imposed on a contract executed |
|---|
| 64 | 64 | | under Subchapter F, Chapter 351, Local Government Code, by Section |
|---|
| 65 | 65 | | 495.024 or 511.0092(h), Government Code, before the effective date |
|---|
| 66 | 66 | | of this Act. A contract executed under Subchapter F, Chapter 351, |
|---|
| 67 | 67 | | Local Government Code, or requirements imposed on a contract |
|---|
| 68 | 68 | | executed under Subchapter F, Chapter 351, Local Government Code, by |
|---|
| 69 | 69 | | Section 495.024 or 511.0092(h), Government Code, before the |
|---|
| 70 | 70 | | effective date of this Act are governed by the law in effect on the |
|---|
| 71 | 71 | | date the contract was executed, and the former law is continued in |
|---|
| 72 | 72 | | effect for that purpose. |
|---|
| 73 | 73 | | SECTION 7. This Act takes effect immediately if it receives |
|---|
| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 77 | 77 | | Act takes effect September 1, 2009. |
|---|