Texas 2021 - 87th 3rd C.S.

Texas House Bill HB105 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S30157 BDP-D
2	2	By: White H.B. No. 105
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the modernization of correctional facilities operated
8	8	by the Texas Department of Criminal Justice.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 495.001(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) The board may contract with a private vendor or with the
13	13	commissioners court of a county for the financing, construction,
14	14	operation, maintenance, or management of a secure correctional
15	15	facility, including entering into a contract with a private vendor
16	16	under which the vendor will construct the facility and lease the
17	17	facility to the board for use by the department.
18	18	SECTION 2. (a) In this section:
19	19	(1) "Board" means the Texas Board of Criminal Justice.
20	20	(2) "Build-to-lease contract" means a contract
21	21	between the board and a private vendor under which the private
22	22	vendor constructs a secure correctional facility and leases the
23	23	facility to the board for use by the department.
24	24	(3) "Department" means the Texas Department of
25	25	Criminal Justice.
26	26	(b) The department shall conduct a study to identify changes
27	27	needed to modernize the correctional facilities operated by the
28	28	department. In conducting the study, the department shall
29	29	consider:
30	30	(1) any change or method that would modernize a
31	31	facility, including any change or method that would result in:
32	32	(A) decreased deferred maintenance costs;
33	33	(B) improved energy efficiency;
34	34	(C) efficient use of staff and other resources;
35	35	and
36	36	(D) increased availability of funds to be used by
37	37	the department to:
38	38	(i) provide criminal justice programs;
39	39	(ii) pay the costs of health care provided
40	40	to inmates; and
41	41	(iii) increase compensation to
42	42	correctional officers; and
43	43	(2) the use of build-to-lease contracts for any new
44	44	facilities necessary to meet the department's needs.
45	45	(c) Not later than June 1, 2022, the board and the
46	46	department, as applicable, shall begin to implement any changes
47	47	identified under Subsection (b) of this section to modernize the
48	48	department's facilities.
49	49	(d) Notwithstanding any other law, any facility constructed
50	50	under a build-to-lease contract and the contract, as applicable,
51	51	must comply with the following requirements:
52	52	(1) the contract must require the private vendor to
53	53	maintain the facility;
54	54	(2) the department must retain control over the
55	55	operational aspects of the facility, including security, health
56	56	care for inmates, and food service;
57	57	(3) the construction of the facility, after accounting
58	58	for any repurposing of existing facilities for non-correctional
59	59	uses, may not result in an increase in the total maximum capacity of
60	60	all facilities operated by the department;
61	61	(4) the facility must comply with the American
62	62	Correctional Association standards for secure facilities;
63	63	(5) the design of the facility must:
64	64	(A) enhance the health and safety of correctional
65	65	officers, staff members, and inmates in the facility;
66	66	(B) facilitate the rehabilitation and
67	67	reintegration of inmates; and
68	68	(C) be consistent with any applicable provision
69	69	in Subtitle G, Title 4, Government Code, including any provision
70	70	regarding incarcerated women;
71	71	(6) the department and the private vendor shall
72	72	consider the use of inmate labor for the purpose of allowing the
73	73	inmates to gain employment skills and earn a wage; and
74	74	(7) if the board determines it necessary to name a
75	75	facility constructed under this section, the name of the facility
76	76	must commemorate a resident of this state who:
77	77	(A) died as a result of a personal injury
78	78	sustained in the line of duty as a correctional officer; or
79	79	(B) made significant contributions to the public
80	80	safety of this state.
81	81	(e) In conducting the study and implementing the changes
82	82	identified in the study, the board and the department, as
83	83	applicable, shall consult with the following:
84	84	(1) the Correctional Managed Health Care Committee;
85	85	(2) the Windham School District;
86	86	(3) a chaplain under contract with the department;
87	87	(4) correctional officers;
88	88	(5) social scientists with specializations in
89	89	corrections; and
90	90	(6) any other relevant stakeholder as determined by
91	91	the board or department.
92	92	(f) The governor shall establish the Texas Prison
93	93	Repurposing Commission to evaluate existing facilities operated by
94	94	the department and provide advice and recommendations to the board
95	95	regarding which facilities should be:
96	96	(1) retained and renovated or repurposed for continued
97	97	use by the department; or
98	98	(2) repurposed for use by another state agency or the
99	99	private sector.
100	100	(g) In appointing members to the Texas Prison Repurposing
101	101	Commission, the governor shall ensure the commission includes:
102	102	(1) members of the legislature;
103	103	(2) representatives of counties and municipalities;
104	104	and
105	105	(3) members of the public.
106	106	(h) This section expires January 1, 2027.
107	107	SECTION 3. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect on the 91st day after the last day of the
112	112	legislative session.