Texas 2023 - 88th Regular

Texas House Bill HB4145 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3908 MZM-F
2	2	By: Clardy H.B. No. 4145
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to salaries for staff of a private vendor contracting with
8	8	the Texas Board of Criminal Justice for the operation, maintenance,
9	9	or management of a correctional facility.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 495.003(c), Government Code, is amended
12	12	to read as follows:
13	13	(c) In addition to meeting the requirements specified in the
14	14	requests for proposals, a proposal must:
15	15	(1) provide for regular, on-site monitoring by the
16	16	institutional division;
17	17	(2) acknowledge that payment by the state is subject
18	18	to the availability of appropriations;
19	19	(3) provide for payment of a maximum amount per
20	20	biennium;
21	21	(4) offer a level and quality of programs at least
22	22	equal to those provided by state-operated facilities that house
23	23	similar types of inmates and at a cost that provides the state with
24	24	a savings of not less than 10 percent of the cost of housing inmates
25	25	in similar facilities and providing similar programs to those types
26	26	of inmates in state-operated facilities;
27	27	(5) permit the state to terminate the contract for
28	28	cause, including as cause the failure of the private vendor or
29	29	county to meet the conditions required by this subchapter and other
30	30	conditions required by the contract;
31	31	(6) provide that cost adjustments may be made only
32	32	once each fiscal year, to take effect at the beginning of the next
33	33	fiscal year;
34	34	(7) have an initial contract term of not more than
35	35	three years, with an option to renew for additional periods of two
36	36	years;
37	37	(8) if the proposal includes construction of a
38	38	facility, contain a performance bond approved by the board that is
39	39	adequate and appropriate for the proposed contract;
40	40	(9) provide for assumption of liability by the private
41	41	vendor or county for all claims arising from the services performed
42	42	under the contract by the private vendor or county;
43	43	(10) provide for an adequate plan of insurance for the
44	44	private vendor or county and its officers, guards, employees, and
45	45	agents against all claims, including claims based on violations of
46	46	civil rights arising from the services performed under the contract
47	47	by the private vendor or county;
48	48	(11) provide for an adequate plan of insurance to
49	49	protect the state against all claims arising from the services
50	50	performed under the contract by the private vendor or county and to
51	51	protect the state from actions by a third party against the private
52	52	vendor or county, its officers, guards, employees, and agents as a
53	53	result of the contract;
54	54	(12) provide plans for the purchase and assumption of
55	55	operations by the state in the event of the bankruptcy of the
56	56	private vendor or inability of the county to perform its duties
57	57	under the contract; [and]
58	58	(13) contain comprehensive standards for conditions
59	59	of confinement; and
60	60	(14) if the proposal is submitted by a private vendor
61	61	for the operation, maintenance, or management of a secure
62	62	correctional facility, provide that:
63	63	(A) salaries of staff at the facility are not
64	64	less than 90 percent of salaries of similarly situated staff
65	65	members at state-operated facilities; and
66	66	(B) salary increases are provided to staff at the
67	67	facility at similar intervals to those of similarly situated staff
68	68	members at state-operated facilities.
69	69	SECTION 2. The change in law made by this Act applies only
70	70	to a contract for which the request for proposals is issued on or
71	71	after the effective date of this Act. A contract for which the
72	72	request for proposals is issued before the effective date of this
73	73	Act is governed by the law in effect on the date the request for
74	74	proposals was issued, and the former law is continued in effect for
75	75	that purpose.
76	76	SECTION 3. This Act takes effect September 1, 2023.