| 1 | 1 | | 81R6736 NC-F |
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| 2 | 2 | | By: Ortiz, Jr. H.B. No. 3903 |
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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 county contracts with private entities for jail |
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| 8 | 8 | | facilities; providing a penalty. |
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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) The commissioners |
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| 13 | 13 | | court of a county, with the approval of the sheriff of the county, |
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| 14 | 14 | | may contract with a private organization to place inmates in a |
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| 15 | 15 | | detention facility operated by the organization. |
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| 16 | 16 | | (b) The commissioners court may not contract with a private |
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| 17 | 17 | | organization in which a member of the court or an elected or |
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| 18 | 18 | | appointed peace officer who serves in the county has a financial |
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| 19 | 19 | | interest or in which an employee or commissioner of the Commission |
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| 20 | 20 | | on Jail Standards has a financial interest. |
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| 21 | 21 | | (c) Before entering into a contract under this section, the |
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| 22 | 22 | | commissioners court shall hold a public hearing in each |
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| 23 | 23 | | commissioners precinct to allow the public to make comments |
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| 24 | 24 | | regarding the proposed contract. Not later than the 30th day before |
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| 25 | 25 | | the date of a hearing, the commissioners court shall publish notice |
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| 26 | 26 | | of the time and place of the hearing in a newspaper of general |
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| 27 | 27 | | circulation in the county. |
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| 28 | 28 | | (d) A contract made in violation of this section is void. |
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| 29 | 29 | | SECTION 2. Subchapter F, Chapter 351, Local Government |
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| 30 | 30 | | Code, is amended by adding Sections 351.105 and 351.106 to read as |
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| 31 | 31 | | follows: |
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| 32 | 32 | | Sec. 351.105. PERSONAL BENEFIT PROHIBITED. (a) In this |
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| 33 | 33 | | section, "benefit" has the meaning assigned by Section 36.01, Penal |
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| 34 | 34 | | Code. |
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| 35 | 35 | | (b) A person who is an employee or officer of a county |
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| 36 | 36 | | commits an offense if the person accepts a benefit from a private |
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| 37 | 37 | | entity that contracts with the county under this subchapter. |
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| 38 | 38 | | (c) An offense under this section is a state jail felony. |
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| 39 | 39 | | Sec. 351.106. OPEN RECORDS. Information collected, |
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| 40 | 40 | | assembled, or maintained by a private entity that is not a |
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| 41 | 41 | | governmental body in connection with the operation, maintenance, |
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| 42 | 42 | | repair, or construction of a detention facility or related facility |
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| 43 | 43 | | operated under contract with the county under this subchapter is |
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| 44 | 44 | | subject to Chapter 552, Government Code, in the same manner as |
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| 45 | 45 | | information collected, assembled, or maintained by a governmental |
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| 46 | 46 | | body, but only if the information is related to the operation, |
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| 47 | 47 | | maintenance, repair, or construction of the facility. |
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| 48 | 48 | | SECTION 3. The change in law made by this Act applies in |
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| 49 | 49 | | relation to information collected, assembled, or maintained |
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| 50 | 50 | | before, on, or after the effective date of this Act. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2009. |
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