81R7988 ATP-D
By: Hinojosa S.B. No. 1680
A BILL TO BE ENTITLED
AN ACT
relating to voter approval for certain contracts between political
subdivisions and private entities relating to correctional
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 303, Local Government
Code, is amended by adding Section 303.0711 to read as follows:
Sec. 303.0711. BONDS FOR CORRECTIONAL FACILITIES. (a) In
this section, "correctional facility" means a facility for the
confinement of a person arrested for, charged with, or convicted of
a criminal offense.
(b) A corporation may issue or incur bonds under this
subchapter to finance, refinance, or provide a correctional
facility to be constructed, leased, operated, purchased,
maintained, or managed under a contract with a private entity only
if the issuance of the bonds is approved by a majority of the voters
of the sponsor voting in an election ordered for that purpose.
SECTION 2. 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 only
if a majority of the voters of the county approve the contract at an
election ordered by the commissioners court for that purpose.
(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) A contract made in violation of this section is void.
SECTION 3. Section 351.102, Local Government Code, is
amended to read as follows:
Sec. 351.102. ADDITIONAL AUTHORITY TO CONTRACT. (a) The
commissioners court of a county may contract with a private vendor
to provide for the financing, design, construction, leasing,
operation, purchase, maintenance, or management of a jail,
detention center, work camp, or related facility.
(b) The commissioners court may not award a contract under
this section unless:
(1) a majority of the voters of the county approve the
contract at an election ordered by the commissioners court for that
purpose;
(2) the commissioners court requests proposals by
public notice and not less than 30 days from such notice receives a
proposal that meets or exceeds the requirements specified in the
request for proposals; and
(3) [. Before the commissioners court of a county
enters into a contract under this section,] the commissioners court
of the county:
(A) receives [must receive] the written approval
of the sheriff of the county, which written approval shall not be
unreasonably withheld; [,] or
(B) if the county has a population of 2.8 million
or more:
(i) ensures [(1) ensure] that all services
provided under the contract are required to meet or exceed
standards set by the Commission on Jail Standards; or
(ii) receives [(2) receive] the written
approval of the sheriff of the county, which written approval shall
not be unreasonably withheld.
SECTION 4. Section 361.061, Local Government Code, is
amended to read as follows:
Sec. 361.061. AUTHORITY TO CONTRACT. The governing body of
a municipality may contract with a private vendor or a county to
provide for the financing, design, construction, leasing,
operation, purchase, maintenance, or management of a jail,
detention center, work camp, or related facility. Before the
governing body of a municipality may enter into a contract with a
private vendor under this section, the majority of the voters of the
municipality must approve the contract at an election ordered by
the governing body for that purpose.
SECTION 5. The changes in law made by this Act apply only to
bonds issued or contracts entered into on or after the effective
date of this Act. Bonds issued or contracts entered into before the
effective date of this Act are governed by the law in effect when
the bonds were issued or the contracts were entered into, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2009.