81R6736 NC-F
By: Ortiz, Jr. H.B. No. 3903
A BILL TO BE ENTITLED
AN ACT
relating to county contracts with private entities for jail
facilities; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 351.101, Local Government Code, is
amended to read as follows:
Sec. 351.101. AUTHORITY TO CONTRACT. (a) The commissioners
court of a county, with the approval of the sheriff of the county,
may contract with a private organization to place inmates in a
detention facility operated by the organization.
(b) The commissioners court may not contract with a private
organization in which a member of the court or an elected or
appointed peace officer who serves in the county has a financial
interest or in which an employee or commissioner of the Commission
on Jail Standards has a financial interest.
(c) Before entering into a contract under this section, the
commissioners court shall hold a public hearing in each
commissioners precinct to allow the public to make comments
regarding the proposed contract. Not later than the 30th day before
the date of a hearing, the commissioners court shall publish notice
of the time and place of the hearing in a newspaper of general
circulation in the county.
(d) A contract made in violation of this section is void.
SECTION 2. Subchapter F, Chapter 351, Local Government
Code, is amended by adding Sections 351.105 and 351.106 to read as
follows:
Sec. 351.105. PERSONAL BENEFIT PROHIBITED. (a) In this
section, "benefit" has the meaning assigned by Section 36.01, Penal
Code.
(b) A person who is an employee or officer of a county
commits an offense if the person accepts a benefit from a private
entity that contracts with the county under this subchapter.
(c) An offense under this section is a state jail felony.
Sec. 351.106. OPEN RECORDS. Information collected,
assembled, or maintained by a private entity that is not a
governmental body in connection with the operation, maintenance,
repair, or construction of a detention facility or related facility
operated under contract with the county under this subchapter is
subject to Chapter 552, Government Code, in the same manner as
information collected, assembled, or maintained by a governmental
body, but only if the information is related to the operation,
maintenance, repair, or construction of the facility.
SECTION 3. The change in law made by this Act applies in
relation to information collected, assembled, or maintained
before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.