By: González of El Paso H.B. No. 4642
A BILL TO BE ENTITLED
AN ACT
relating to standards for the out-of-state confinement of county
prisoners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by
adding Section 511.00935 to read as follows:
Sec. 511.00935. STANDARDS FOR OUT-OF-STATE CONFINEMENT OF
COUNTY PRISONERS. (a) This section applies only to a contract
between a county and another state, a jurisdiction in another
state, or a private vendor for the confinement of county prisoners
in a correctional facility located in another state.
(b) A contract to which this section applies must provide
that:
(1) each out-of-state correctional facility in which
county prisoners are to be housed meets minimum standards
established by the commission;
(2) all operational requirements of the receiving
entity meet or exceed minimum standards established by the
commission;
(3) each county prisoner confined under the contract
be released within the sending county;
(4) county prisoners with a record of institutional
violence involving the use of a deadly weapon or a pattern of
violence while confined in this state or a record of escape or
attempted escape from secure custody are not eligible for transfer
unless a specific waiver has been granted by the commission;
(5) county prisoners whose Continuity of Care Query
check was returned as an exact or probable match are not eligible
for transfer unless a specific waiver has been granted by the
commission;
(6) the sending entity shall:
(A) review for compliance with the commission's
classification standards and submit to the Commission for approval:
(i) all records concerning the prisoner's
classification, including records relating to the prisoner's
conduct while confined in this state; and
(ii) appropriate medical information
concerning the prisoner, including certification of tuberculosis
screening or treatment;
(B) determine the county prisoner's custody
level in accordance with commission rules to ensure that custody
level assignments for the facility as a whole are compatible with
the construction security level availability in the facility;
(B) conduct inspections as per the Commission's
standards no less than every six months and provide the commission a
copy of the inspection report;
(C) provide to the commission information on the
receiving entity's procedures for responding to a riot, rebellion,
escape, medical emergency, or other situation requiring assistance
from local or state law enforcement agencies of healthcare
providers; and
(D) promptly notify the Commission of any major
incidents, including escapes, injuries, or deaths, involving a
transferred prisoner at the facility; and
(7) the sending county is entitled to terminate the
contract at will, including if directed to do so by the commission,
by providing the receiving entity with 90 days' notice of the
county's intent to terminate the contract.
(c) Before entering into a contract described by Subsection
(a), a county shall submit a copy of the contract to the commission
for review and approval. Unless approval is received, the contract
shall not go into effect.
(d) A county housing county prisoners in another state under
a contract described by Subsection (a) shall:
(1) investigate any death, escape, or serious incident
involving the prisoners reported to the county under Subsection
(b)(5)(D); and
(2) promptly report to the commission, in the manner
prescribed by the commission, the death, escape, or serious
incident and the results of the county's investigation of the
death, escape, or serious incident.
(e) The commission by rule may adopt additional standards or
procedures relating to contracts to which this section applies.
SECTION 2. As soon as practicable after the effective date
of this Act, the Commission on Jail Standards shall adopt rules as
necessary to implement Section 511.00935, Government Code, as added
by this Act.
SECTION 3. This Act takes effect September 1, 2025.