By: Allen (Senate Sponsor - Ellis) H.B. No. 1544
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Criminal
Justice; May 17, 2013, reported favorably by the following vote:
Yeas 7, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to contract with a private
vendor for the operation of a detention facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 351.102, Local Government Code, is
amended to read as follows:
Sec. 351.102. ADDITIONAL AUTHORITY TO CONTRACT. 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. The
commissioners court may not award a contract under this section
unless 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. Before the commissioners court of a county enters into a
contract under this section, the commissioners court of the county
must receive the written approval of the sheriff of the county,
which written approval shall not be unreasonably withheld, or if
the county has a population of 2.8 million or more:
(1) consult with the sheriff regarding the feasibility
of ensuring [ensure] that all services provided under the contract
are required to meet or exceed standards set by the Commission on
Jail Standards; or
(2) receive the written approval of the sheriff of the
county, which written approval shall not be unreasonably withheld.
SECTION 2. The change in law made by this Act applies only
to a contract entered into on or after the effective date of this
Act. A contract entered into before the effective date of this Act
is governed by the law in effect when the contract was entered into,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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