81R6737 NC-F
By: Dutton H.B. No. 1714
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the authority of a county to contract with
a private entity for jail facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. It is the policy of the state that the public
interest is best served if inmates are housed in a jail facility
that is owned and operated by a governmental entity accountable to
the elected officials of the county and the taxpayers who fund the
facility.
SECTION 2. Section 495.024, Government Code, is amended to
read as follows:
Sec. 495.024. RELEASE OF OUT-OF-STATE INMATES. A county or
a municipality or a private vendor operating a correctional
facility under a contract with a [county under Subchapter F,
Chapter 351, Local Government Code, or a] municipality under
Subchapter E, Chapter 361, Local Government Code, that enters into
a contract with any entity to house in this state inmates convicted
of offenses committed against the laws of another state of the
United States must require as a condition of the contract that each
inmate to be released from custody must be released in the sending
state.
SECTION 3. Sections 511.0092(a) and (h), Government Code,
are amended to read as follows:
(a) The only entities other than the state that are
authorized to operate a correctional facility to house in this
state inmates convicted of offenses committed against the laws of
another state of the United States are:
(1) a county or municipality; and
(2) a private vendor operating a correctional facility
under a contract with a county under former Subchapter F, Chapter
351, Local Government Code, as it existed on January 1, 2009, or a
municipality under Subchapter E, Chapter 361, Local Government
Code.
(h) Notwithstanding the provisions of Chapter 252[, Chapter
262, Subchapter F, Chapter 351,] or Subchapter E, Chapter 361,
Local Government Code, the governing body of a municipality [or a
county commissioners court] may enter into a contract with a
private vendor to provide professional services under this section
if the commission reviews and approves the private vendor's
qualifications to provide such services and the terms of the
proposed contract comply with this section.
SECTION 4. Section 89.001(2), Health and Safety Code, is
amended to read as follows:
(2) "County jail" means a facility operated by or for a
county for the confinement of persons accused or convicted of an
offense and includes:
(A) a facility operated by or for a county for the
confinement of persons accused or convicted of an offense;
(B) a county jail or a correctional facility
authorized under former [by] Subchapter F, Chapter 351, Local
Government Code, as it existed on January 1, 2009; and
(C) a county correctional center authorized by
Subchapter H, Chapter 351, Local Government Code.
SECTION 5. Subchapter F, Chapter 351, Local Government
Code, is repealed.
SECTION 6. The change in law made by this Act does not apply
to a contract executed under Subchapter F, Chapter 351, Local
Government Code, or to requirements imposed on a contract executed
under Subchapter F, Chapter 351, Local Government Code, by Section
495.024 or 511.0092(h), Government Code, before the effective date
of this Act. A contract executed under Subchapter F, Chapter 351,
Local Government Code, or requirements imposed on a contract
executed under Subchapter F, Chapter 351, Local Government Code, by
Section 495.024 or 511.0092(h), Government Code, before the
effective date of this Act are governed by the law in effect on the
date the contract was executed, and the former law is continued in
effect for that purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.