| 1 | 1 | | 81R10105 NC-F |
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| 2 | 2 | | By: Martinez H.B. No. 3247 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a county to contract with a private |
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| 8 | 8 | | organization for the operation of a detention facility. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 351.101, Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 351.101. AUTHORITY TO CONTRACT. (a) Except as |
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| 13 | 13 | | provided by Subsections (b) and (c), the [The] commissioners court |
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| 14 | 14 | | of a county, with the approval of the sheriff of the county, may |
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| 15 | 15 | | contract with a private organization to place inmates in a |
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| 16 | 16 | | detention facility operated by the organization. |
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| 17 | 17 | | (b) The commissioners court may not contract with a private |
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| 18 | 18 | | organization in which a member of the court or an elected or |
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| 19 | 19 | | appointed peace officer who serves in the county has a financial |
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| 20 | 20 | | interest or in which an employee or commissioner of the Commission |
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| 21 | 21 | | on Jail Standards has a financial interest. A contract made in |
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| 22 | 22 | | violation of this subsection [section] is void. |
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| 23 | 23 | | (c) In a county that has adopted Chapter 174, the |
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| 24 | 24 | | commissioners court of the county may not contract with a private |
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| 25 | 25 | | organization to place inmates in a detention facility operated by |
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| 26 | 26 | | the organization unless the county is granted the authority to |
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| 27 | 27 | | enter into such a contract in a collective bargaining agreement |
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| 28 | 28 | | entered into between the county and the employees of the sheriff's |
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| 29 | 29 | | department under Chapter 174. A contract made in violation of this |
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| 30 | 30 | | subsection is void. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to a contract entered into on or after the effective date of this |
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| 33 | 33 | | Act. A contract entered into before the effective date of this Act |
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| 34 | 34 | | is governed by the law in effect when the contract was entered into, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2009. |
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