89R5162 BCH-D
By: Meza H.B. No. 1410
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the confinement of inmates by the Texas
Department of Criminal Justice in facilities operated by private
vendors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.036 to read as follows:
Sec. 493.036. HOUSING IN PRIVATE FACILITY PROHIBITED. (a)
Notwithstanding any other law and except as provided by Subsection
(b), the department may not house or confine in a facility owned,
operated, or managed by a private vendor, including on a temporary
basis:
(1) an inmate sentenced to imprisonment in the
department;
(2) an inmate described by Section 507.002; or
(3) a person described by Section 493.009(a).
(b) Subsection (a) does not apply to a residential
correctional facility as defined by Section 508.157.
SECTION 2. Subchapter A, Chapter 495, Government Code, is
amended by adding Section 495.0011 to read as follows:
Sec. 495.0011. CERTAIN CONTRACTS PROHIBITED. (a)
Notwithstanding any other law and except as provided by Subsection
(b), the board may not enter into a contract under which an inmate
sentenced to imprisonment in the department, an inmate described by
Section 507.002, or a person described by Section 493.009(a) will
be housed or confined in a facility owned, operated, or managed by a
private vendor.
(b) Subsection (a) does not apply to a contract relating to
a residential correctional facility as defined by Section 508.157.
SECTION 3. Section 493.036, Government Code, as added by
this Act, applies to the housing or confinement of a person
described by that section on or after the effective date of this
Act, regardless of whether the offense for which the person is
housed or confined occurred before, on, or after the effective date
of this Act.
SECTION 4. Section 495.0011, Government Code, as added by
this Act, applies to a contract entered into or renewed on or after
the effective date of this Act. A contract entered into or renewed
before the effective date of this Act is governed by the law in
effect on the date the contract was entered into or renewed, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2025.