| 1 | 1 | | 88R3910 MZM-D |
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| 2 | 2 | | By: Meza H.B. No. 477 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the confinement of inmates by the Texas |
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| 8 | 8 | | Department of Criminal Justice in facilities operated by private |
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| 9 | 9 | | vendors. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 493, Government Code, is amended by |
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| 12 | 12 | | adding Section 493.035 to read as follows: |
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| 13 | 13 | | Sec. 493.035. HOUSING IN PRIVATE FACILITY PROHIBITED. (a) |
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| 14 | 14 | | Notwithstanding any other law and except as provided by Subsection |
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| 15 | 15 | | (b), the department may not house or confine in a facility owned, |
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| 16 | 16 | | operated, or managed by a private vendor, including on a temporary |
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| 17 | 17 | | basis: |
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| 18 | 18 | | (1) an inmate sentenced to imprisonment in the |
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| 19 | 19 | | department; |
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| 20 | 20 | | (2) an inmate described by Section 507.002; or |
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| 21 | 21 | | (3) a person described by Section 493.009(a). |
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| 22 | 22 | | (b) Subsection (a) does not apply to a residential |
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| 23 | 23 | | correctional facility as defined by Section 508.157. |
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| 24 | 24 | | SECTION 2. Subchapter A, Chapter 495, Government Code, is |
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| 25 | 25 | | amended by adding Section 495.0011 to read as follows: |
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| 26 | 26 | | Sec. 495.0011. CERTAIN CONTRACTS PROHIBITED. (a) |
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| 27 | 27 | | Notwithstanding any other law and except as provided by Subsection |
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| 28 | 28 | | (b), the board may not enter into a contract under which an inmate |
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| 29 | 29 | | sentenced to imprisonment in the department, an inmate described by |
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| 30 | 30 | | Section 507.002, or a person described by Section 493.009(a) will |
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| 31 | 31 | | be housed or confined in a facility owned, operated, or managed by a |
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| 32 | 32 | | private vendor. |
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| 33 | 33 | | (b) Subsection (a) does not apply to a contract relating to |
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| 34 | 34 | | a residential correctional facility as defined by Section 508.157. |
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| 35 | 35 | | SECTION 3. Section 493.035, Government Code, as added by |
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| 36 | 36 | | this Act, applies to the housing or confinement of a person |
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| 37 | 37 | | described by that section on or after the effective date of this |
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| 38 | 38 | | Act, regardless of whether the offense for which the person is |
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| 39 | 39 | | housed or confined occurred before, on, or after the effective date |
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| 40 | 40 | | of this Act. |
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| 41 | 41 | | SECTION 4. Section 495.0011, Government Code, as added by |
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| 42 | 42 | | this Act, applies to a contract entered into or renewed on or after |
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| 43 | 43 | | the effective date of this Act. A contract entered into or renewed |
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| 44 | 44 | | before the effective date of this Act is governed by the law in |
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| 45 | 45 | | effect at the time the contract was entered into or renewed, and the |
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| 46 | 46 | | former law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2023. |
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