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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the confinement of inmates by the Texas |
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Department of Criminal Justice in facilities operated by private |
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vendors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 493, Government Code, is amended by |
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adding Section 493.036 to read as follows: |
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Sec. 493.036. HOUSING IN PRIVATE FACILITY PROHIBITED. (a) |
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Notwithstanding any other law and except as provided by Subsection |
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(b), the department may not house or confine in a facility owned, |
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operated, or managed by a private vendor, including on a temporary |
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basis: |
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(1) an inmate sentenced to imprisonment in the |
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department; |
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(2) an inmate described by Section 507.002; or |
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(3) a person described by Section 493.009(a). |
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(b) Subsection (a) does not apply to a residential |
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correctional facility as defined by Section 508.157. |
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SECTION 2. Subchapter A, Chapter 495, Government Code, is |
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amended by adding Section 495.0011 to read as follows: |
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Sec. 495.0011. CERTAIN CONTRACTS PROHIBITED. (a) |
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Notwithstanding any other law and except as provided by Subsection |
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(b), the board may not enter into a contract under which an inmate |
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sentenced to imprisonment in the department, an inmate described by |
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Section 507.002, or a person described by Section 493.009(a) will |
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be housed or confined in a facility owned, operated, or managed by a |
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private vendor. |
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(b) Subsection (a) does not apply to a contract relating to |
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a residential correctional facility as defined by Section 508.157. |
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SECTION 3. Section 493.036, Government Code, as added by |
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this Act, applies to the housing or confinement of a person |
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described by that section on or after the effective date of this |
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Act, regardless of whether the offense for which the person is |
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housed or confined occurred before, on, or after the effective date |
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of this Act. |
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SECTION 4. Section 495.0011, Government Code, as added by |
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this Act, applies to a contract entered into or renewed on or after |
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the effective date of this Act. A contract entered into or renewed |
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before the effective date of this Act is governed by the law in |
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effect on the date the contract was entered into or renewed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |