BILL ANALYSIS H.B. 3903 By: Ortiz, Jr. County Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE Under current law, a sheriff may authorize a county to contract with a private organization or vendor to build and operate private jails in the county. The employees of such a company are only accountable to that company and not to the public, and there are no provisions under current law that require a decision to contract for a private jail to be debated. In addition, current law does not prohibit a sheriff or any county officer or employee from receiving a benefit from a private entity that contracts with the county, and the records of a private company that operates a private jail are not open to the public under public information laws. H.B. 3903 requires the commissioners court in any county that seeks to contract for a private jail to hold a public hearing in each commissioners precinct to allow the public an opportunity to comment on the proposed contract. The bill establishes a state jail felony for a county employee or officer who accepts a benefit from a private entity that contracts with the county, and provides that records relating to a private jail maintained by a private entity on behalf of a county are subject to release to the public in the same manner as information maintained by a governmental body. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 3903 amends the Local Government Code to require a commissioners court, before entering into a contract with a private organization to place inmates in a detention facility operated by that organization, to hold a public hearing in each commissioners precinct to allow the public to make comments regarding the proposed contract. The bill establishes notice requirements for the hearing. H.B. 3903 makes it a state jail felony offense for an employee or officer of a county to accept a benefit from a private entity that contracts with the county for a detention facility. The bill makes 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 subject to Texas public information laws, 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. The bill defines "benefit." EFFECTIVE DATE September 1, 2009.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 3903
By: Ortiz, Jr.
County Affairs
Committee Report (Unamended)
H.B. 3903
By: Ortiz, Jr.
County Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE Under current law, a sheriff may authorize a county to contract with a private organization or vendor to build and operate private jails in the county. The employees of such a company are only accountable to that company and not to the public, and there are no provisions under current law that require a decision to contract for a private jail to be debated. In addition, current law does not prohibit a sheriff or any county officer or employee from receiving a benefit from a private entity that contracts with the county, and the records of a private company that operates a private jail are not open to the public under public information laws. H.B. 3903 requires the commissioners court in any county that seeks to contract for a private jail to hold a public hearing in each commissioners precinct to allow the public an opportunity to comment on the proposed contract. The bill establishes a state jail felony for a county employee or officer who accepts a benefit from a private entity that contracts with the county, and provides that records relating to a private jail maintained by a private entity on behalf of a county are subject to release to the public in the same manner as information maintained by a governmental body.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 3903 amends the Local Government Code to require a commissioners court, before entering into a contract with a private organization to place inmates in a detention facility operated by that organization, to hold a public hearing in each commissioners precinct to allow the public to make comments regarding the proposed contract. The bill establishes notice requirements for the hearing. H.B. 3903 makes it a state jail felony offense for an employee or officer of a county to accept a benefit from a private entity that contracts with the county for a detention facility. The bill makes 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 subject to Texas public information laws, 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. The bill defines "benefit."
EFFECTIVE DATE September 1, 2009.
BACKGROUND AND PURPOSE
Under current law, a sheriff may authorize a county to contract with a private organization or vendor to build and operate private jails in the county. The employees of such a company are only accountable to that company and not to the public, and there are no provisions under current law that require a decision to contract for a private jail to be debated. In addition, current law does not prohibit a sheriff or any county officer or employee from receiving a benefit from a private entity that contracts with the county, and the records of a private company that operates a private jail are not open to the public under public information laws.
H.B. 3903 requires the commissioners court in any county that seeks to contract for a private jail to hold a public hearing in each commissioners precinct to allow the public an opportunity to comment on the proposed contract. The bill establishes a state jail felony for a county employee or officer who accepts a benefit from a private entity that contracts with the county, and provides that records relating to a private jail maintained by a private entity on behalf of a county are subject to release to the public in the same manner as information maintained by a governmental body.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3903 amends the Local Government Code to require a commissioners court, before entering into a contract with a private organization to place inmates in a detention facility operated by that organization, to hold a public hearing in each commissioners precinct to allow the public to make comments regarding the proposed contract. The bill establishes notice requirements for the hearing.
H.B. 3903 makes it a state jail felony offense for an employee or officer of a county to accept a benefit from a private entity that contracts with the county for a detention facility. The bill makes 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 subject to Texas public information laws, 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. The bill defines "benefit."
EFFECTIVE DATE
September 1, 2009.