| 1 | 1 | | 81R7988 ATP-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1680 |
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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 voter approval for certain contracts between political |
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| 8 | 8 | | subdivisions and private entities relating to correctional |
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| 9 | 9 | | facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 303, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 303.0711 to read as follows: |
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| 13 | 13 | | Sec. 303.0711. BONDS FOR CORRECTIONAL FACILITIES. (a) In |
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| 14 | 14 | | this section, "correctional facility" means a facility for the |
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| 15 | 15 | | confinement of a person arrested for, charged with, or convicted of |
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| 16 | 16 | | a criminal offense. |
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| 17 | 17 | | (b) A corporation may issue or incur bonds under this |
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| 18 | 18 | | subchapter to finance, refinance, or provide a correctional |
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| 19 | 19 | | facility to be constructed, leased, operated, purchased, |
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| 20 | 20 | | maintained, or managed under a contract with a private entity only |
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| 21 | 21 | | if the issuance of the bonds is approved by a majority of the voters |
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| 22 | 22 | | of the sponsor voting in an election ordered for that purpose. |
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| 23 | 23 | | SECTION 2. Section 351.101, Local Government Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | Sec. 351.101. AUTHORITY TO CONTRACT. (a) The |
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| 26 | 26 | | commissioners court of a county, with the approval of the sheriff of |
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| 27 | 27 | | the county, may contract with a private organization to place |
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| 28 | 28 | | inmates in a detention facility operated by the organization only |
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| 29 | 29 | | if a majority of the voters of the county approve the contract at an |
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| 30 | 30 | | election ordered by the commissioners court for that purpose. |
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| 31 | 31 | | (b) The commissioners court may not contract with a private |
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| 32 | 32 | | organization in which a member of the court or an elected or |
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| 33 | 33 | | appointed peace officer who serves in the county has a financial |
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| 34 | 34 | | interest or in which an employee or commissioner of the Commission |
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| 35 | 35 | | on Jail Standards has a financial interest. |
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| 36 | 36 | | (c) A contract made in violation of this section is void. |
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| 37 | 37 | | SECTION 3. Section 351.102, Local Government Code, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | Sec. 351.102. ADDITIONAL AUTHORITY TO CONTRACT. (a) The |
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| 40 | 40 | | commissioners court of a county may contract with a private vendor |
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| 41 | 41 | | to provide for the financing, design, construction, leasing, |
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| 42 | 42 | | operation, purchase, maintenance, or management of a jail, |
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| 43 | 43 | | detention center, work camp, or related facility. |
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| 44 | 44 | | (b) The commissioners court may not award a contract under |
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| 45 | 45 | | this section unless: |
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| 46 | 46 | | (1) a majority of the voters of the county approve the |
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| 47 | 47 | | contract at an election ordered by the commissioners court for that |
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| 48 | 48 | | purpose; |
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| 49 | 49 | | (2) the commissioners court requests proposals by |
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| 50 | 50 | | public notice and not less than 30 days from such notice receives a |
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| 51 | 51 | | proposal that meets or exceeds the requirements specified in the |
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| 52 | 52 | | request for proposals; and |
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| 53 | 53 | | (3) [. Before the commissioners court of a county |
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| 54 | 54 | | enters into a contract under this section,] the commissioners court |
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| 55 | 55 | | of the county: |
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| 56 | 56 | | (A) receives [must receive] the written approval |
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| 57 | 57 | | of the sheriff of the county, which written approval shall not be |
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| 58 | 58 | | unreasonably withheld; [,] or |
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| 59 | 59 | | (B) if the county has a population of 2.8 million |
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| 60 | 60 | | or more: |
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| 61 | 61 | | (i) ensures [(1) ensure] that all services |
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| 62 | 62 | | provided under the contract are required to meet or exceed |
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| 63 | 63 | | standards set by the Commission on Jail Standards; or |
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| 64 | 64 | | (ii) receives [(2) receive] the written |
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| 65 | 65 | | approval of the sheriff of the county, which written approval shall |
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| 66 | 66 | | not be unreasonably withheld. |
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| 67 | 67 | | SECTION 4. Section 361.061, Local Government Code, is |
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| 68 | 68 | | amended to read as follows: |
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| 69 | 69 | | Sec. 361.061. AUTHORITY TO CONTRACT. The governing body of |
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| 70 | 70 | | a municipality may contract with a private vendor or a county to |
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| 71 | 71 | | provide for the financing, design, construction, leasing, |
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| 72 | 72 | | operation, purchase, maintenance, or management of a jail, |
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| 73 | 73 | | detention center, work camp, or related facility. Before the |
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| 74 | 74 | | governing body of a municipality may enter into a contract with a |
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| 75 | 75 | | private vendor under this section, the majority of the voters of the |
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| 76 | 76 | | municipality must approve the contract at an election ordered by |
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| 77 | 77 | | the governing body for that purpose. |
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| 78 | 78 | | SECTION 5. The changes in law made by this Act apply only to |
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| 79 | 79 | | bonds issued or contracts entered into on or after the effective |
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| 80 | 80 | | date of this Act. Bonds issued or contracts entered into before the |
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| 81 | 81 | | effective date of this Act are governed by the law in effect when |
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| 82 | 82 | | the bonds were issued or the contracts were entered into, and the |
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| 83 | 83 | | former law is continued in effect for that purpose. |
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| 84 | 84 | | SECTION 6. This Act takes effect September 1, 2009. |
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