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A BILL TO BE ENTITLED
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AN ACT
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relating to salaries for staff of a private vendor contracting with |
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the Texas Board of Criminal Justice for the operation, maintenance, |
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or management of a correctional facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 495.003(c), Government Code, is amended |
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to read as follows: |
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(c) In addition to meeting the requirements specified in the |
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requests for proposals, a proposal must: |
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(1) provide for regular, on-site monitoring by the |
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institutional division; |
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(2) acknowledge that payment by the state is subject |
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to the availability of appropriations; |
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(3) provide for payment of a maximum amount per |
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biennium; |
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(4) offer a level and quality of programs at least |
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equal to those provided by state-operated facilities that house |
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similar types of inmates and at a cost that provides the state with |
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a savings of not less than 10 percent of the cost of housing inmates |
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in similar facilities and providing similar programs to those types |
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of inmates in state-operated facilities; |
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(5) permit the state to terminate the contract for |
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cause, including as cause the failure of the private vendor or |
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county to meet the conditions required by this subchapter and other |
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conditions required by the contract; |
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(6) provide that cost adjustments may be made only |
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once each fiscal year, to take effect at the beginning of the next |
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fiscal year; |
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(7) have an initial contract term of not more than |
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three years, with an option to renew for additional periods of two |
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years; |
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(8) if the proposal includes construction of a |
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facility, contain a performance bond approved by the board that is |
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adequate and appropriate for the proposed contract; |
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(9) provide for assumption of liability by the private |
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vendor or county for all claims arising from the services performed |
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under the contract by the private vendor or county; |
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(10) provide for an adequate plan of insurance for the |
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private vendor or county and its officers, guards, employees, and |
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agents against all claims, including claims based on violations of |
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civil rights arising from the services performed under the contract |
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by the private vendor or county; |
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(11) provide for an adequate plan of insurance to |
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protect the state against all claims arising from the services |
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performed under the contract by the private vendor or county and to |
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protect the state from actions by a third party against the private |
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vendor or county, its officers, guards, employees, and agents as a |
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result of the contract; |
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(12) provide plans for the purchase and assumption of |
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operations by the state in the event of the bankruptcy of the |
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private vendor or inability of the county to perform its duties |
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under the contract; [and] |
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(13) contain comprehensive standards for conditions |
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of confinement; and |
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(14) if the proposal is submitted by a private vendor |
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for the operation, maintenance, or management of a secure |
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correctional facility, provide that: |
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(A) salaries of staff at the facility are not |
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less than 90 percent of salaries of similarly situated staff |
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members at state-operated facilities; and |
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(B) salary increases are provided to staff at the |
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facility at similar intervals to those of similarly situated staff |
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members at state-operated facilities. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for which the request for proposals is issued on or |
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after the effective date of this Act. A contract for which the |
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request for proposals is issued before the effective date of this |
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Act is governed by the law in effect on the date the request for |
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proposals was issued, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |