| 1 | 1 | | By: Allen (Senate Sponsor - Ellis) H.B. No. 1544 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 17, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 0; May 17, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the authority of a county to contract with a private |
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| 11 | 11 | | vendor for the operation of a detention facility. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 351.102, Local Government Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 351.102. ADDITIONAL AUTHORITY TO CONTRACT. The |
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| 16 | 16 | | commissioners court of a county may contract with a private vendor |
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| 17 | 17 | | to provide for the financing, design, construction, leasing, |
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| 18 | 18 | | operation, purchase, maintenance, or management of a jail, |
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| 19 | 19 | | detention center, work camp, or related facility. The |
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| 20 | 20 | | commissioners court may not award a contract under this section |
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| 21 | 21 | | unless the commissioners court requests proposals by public notice |
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| 22 | 22 | | and not less than 30 days from such notice receives a proposal that |
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| 23 | 23 | | meets or exceeds the requirements specified in the request for |
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| 24 | 24 | | proposals. Before the commissioners court of a county enters into a |
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| 25 | 25 | | contract under this section, the commissioners court of the county |
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| 26 | 26 | | must receive the written approval of the sheriff of the county, |
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| 27 | 27 | | which written approval shall not be unreasonably withheld, or if |
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| 28 | 28 | | the county has a population of 2.8 million or more: |
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| 29 | 29 | | (1) consult with the sheriff regarding the feasibility |
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| 30 | 30 | | of ensuring [ensure] that all services provided under the contract |
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| 31 | 31 | | are required to meet or exceed standards set by the Commission on |
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| 32 | 32 | | Jail Standards; or |
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| 33 | 33 | | (2) receive the written approval of the sheriff of the |
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| 34 | 34 | | county, which written approval shall not be unreasonably withheld. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to a contract entered into on or after the effective date of this |
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| 37 | 37 | | Act. A contract entered into before the effective date of this Act |
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| 38 | 38 | | is governed by the law in effect when the contract was entered into, |
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| 39 | 39 | | and the former law is continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2013. |
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| 45 | 45 | | * * * * * |
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