87S30157 BDP-D
By: White H.B. No. 105
A BILL TO BE ENTITLED
AN ACT
relating to the modernization of correctional facilities operated
by the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 495.001(a), Government Code, is amended
to read as follows:
(a) The board may contract with a private vendor or with the
commissioners court of a county for the financing, construction,
operation, maintenance, or management of a secure correctional
facility, including entering into a contract with a private vendor
under which the vendor will construct the facility and lease the
facility to the board for use by the department.
SECTION 2. (a) In this section:
(1) "Board" means the Texas Board of Criminal Justice.
(2) "Build-to-lease contract" means a contract
between the board and a private vendor under which the private
vendor constructs a secure correctional facility and leases the
facility to the board for use by the department.
(3) "Department" means the Texas Department of
Criminal Justice.
(b) The department shall conduct a study to identify changes
needed to modernize the correctional facilities operated by the
department. In conducting the study, the department shall
consider:
(1) any change or method that would modernize a
facility, including any change or method that would result in:
(A) decreased deferred maintenance costs;
(B) improved energy efficiency;
(C) efficient use of staff and other resources;
and
(D) increased availability of funds to be used by
the department to:
(i) provide criminal justice programs;
(ii) pay the costs of health care provided
to inmates; and
(iii) increase compensation to
correctional officers; and
(2) the use of build-to-lease contracts for any new
facilities necessary to meet the department's needs.
(c) Not later than June 1, 2022, the board and the
department, as applicable, shall begin to implement any changes
identified under Subsection (b) of this section to modernize the
department's facilities.
(d) Notwithstanding any other law, any facility constructed
under a build-to-lease contract and the contract, as applicable,
must comply with the following requirements:
(1) the contract must require the private vendor to
maintain the facility;
(2) the department must retain control over the
operational aspects of the facility, including security, health
care for inmates, and food service;
(3) the construction of the facility, after accounting
for any repurposing of existing facilities for non-correctional
uses, may not result in an increase in the total maximum capacity of
all facilities operated by the department;
(4) the facility must comply with the American
Correctional Association standards for secure facilities;
(5) the design of the facility must:
(A) enhance the health and safety of correctional
officers, staff members, and inmates in the facility;
(B) facilitate the rehabilitation and
reintegration of inmates; and
(C) be consistent with any applicable provision
in Subtitle G, Title 4, Government Code, including any provision
regarding incarcerated women;
(6) the department and the private vendor shall
consider the use of inmate labor for the purpose of allowing the
inmates to gain employment skills and earn a wage; and
(7) if the board determines it necessary to name a
facility constructed under this section, the name of the facility
must commemorate a resident of this state who:
(A) died as a result of a personal injury
sustained in the line of duty as a correctional officer; or
(B) made significant contributions to the public
safety of this state.
(e) In conducting the study and implementing the changes
identified in the study, the board and the department, as
applicable, shall consult with the following:
(1) the Correctional Managed Health Care Committee;
(2) the Windham School District;
(3) a chaplain under contract with the department;
(4) correctional officers;
(5) social scientists with specializations in
corrections; and
(6) any other relevant stakeholder as determined by
the board or department.
(f) The governor shall establish the Texas Prison
Repurposing Commission to evaluate existing facilities operated by
the department and provide advice and recommendations to the board
regarding which facilities should be:
(1) retained and renovated or repurposed for continued
use by the department; or
(2) repurposed for use by another state agency or the
private sector.
(g) In appointing members to the Texas Prison Repurposing
Commission, the governor shall ensure the commission includes:
(1) members of the legislature;
(2) representatives of counties and municipalities;
and
(3) members of the public.
(h) This section expires January 1, 2027.
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 on the 91st day after the last day of the
legislative session.