By Lewis of Orange H.B. No. 2171
74R3104 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to changing the name of the Commission on Jail Standards.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Chapter 511, Government Code, is
1-5 amended to read as follows:
1-6 CHAPTER 511. JAIL COMMISSION <ON JAIL STANDARDS>
1-7 SECTION 2. Section 511.001(1), Government Code, is amended
1-8 to read as follows:
1-9 (1) "Commission" means the Jail Commission <on Jail
1-10 Standards>.
1-11 SECTION 3. Section 511.002, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 511.002. Commission. The Jail Commission <on Jail
1-14 Standards> is an agency of the state.
1-15 SECTION 4. Section 511.003, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 511.003. Sunset Provision. The Jail Commission <on
1-18 Jail Standards> is subject to Chapter 325 (Texas Sunset Act).
1-19 Unless continued in existence as provided by that chapter, the
1-20 commission is abolished and this chapter expires September 1, 1997.
1-21 SECTION 5. Section 511.0091(d), Government Code, is amended
1-22 to read as follows:
1-23 (d) The Jail Commission <on Jail Standards> inspection
1-24 account is established in the General Revenue Fund. The commission
2-1 shall deposit all money collected under this section to the credit
2-2 of the account. Money in the account may be used only by the
2-3 commission for the purpose of reviewing and commenting on documents
2-4 and performing inspections as described by Subsection (a).
2-5 SECTION 6. Section 493.009(l), Government Code, is amended
2-6 to read as follows:
2-7 (l) The department shall identify defendants confined in
2-8 county jails who are awaiting transfer to the institutional
2-9 division and who because of their need for treatment of drug or
2-10 alcohol problems require transfer to a substance abuse felony
2-11 punishment facility. The department shall provide for the
2-12 transportation of the defendant to such a facility. If the board
2-13 finds that a county has failed to fully cooperate with the
2-14 department in evaluating defendants under this section, the board
2-15 shall notify the Jail Commission <on Jail Standards> of that fact.
2-16 On notice from the board, the commission may reduce or suspend
2-17 payments under Subchapter F, Chapter 499, or may suspend the
2-18 certification of the county jail as provided by Section 511.012.
2-19 SECTION 7. Section 499.025(b), Government Code, is amended
2-20 to read as follows:
2-21 (b) If the inmate population of the institutional division
2-22 reaches 95 percent of capacity or, if the attorney general has
2-23 authorized an increase in the permissible percentage of capacity
2-24 under Section 499.109, the inmate population reaches that increased
2-25 permissible percentage, the director shall immediately notify the
2-26 executive director, the board, and the attorney general in writing
2-27 of that fact. The attorney general shall certify to the board in
3-1 writing as to whether the institutional division has reached 95
3-2 percent of capacity or, if applicable, the increased permissible
3-3 percentage. If the attorney general certifies that 95 percent of
3-4 capacity has been reached or, if applicable, that the increased
3-5 permissible percentage has been reached, the board shall
3-6 immediately certify that an emergency overcrowding situation exists
3-7 and direct the Board of Pardons and Paroles to proceed in the
3-8 manner described by Subsection (c). If the Jail Commission <on
3-9 Jail Standards> determines that in any county jail in this state
3-10 there exists an inmate awaiting transfer to the institutional
3-11 division following conviction of a felony or revocation of
3-12 probation, parole, or release on mandatory supervision and for whom
3-13 all paperwork and processing required for transfer have been
3-14 completed for not less than 45 days, the board may direct the Board
3-15 of Pardons and Paroles to proceed in the manner described by
3-16 Subsection (c).
3-17 SECTION 8. Section 499.026(b), Government Code, is amended
3-18 to read as follows:
3-19 (b) The authority of the board to take the actions listed in
3-20 Section 499.025(b) continues until the attorney general, or if
3-21 appropriate, the Jail Commission <on Jail Standards>, certifies in
3-22 writing to the board that the overcrowding crisis that produced the
3-23 emergency certification under Section 499.025(b) has been resolved.
3-24 If the board receives this certification from the attorney general
3-25 or the Jail Commission <on Jail Standards> under this subsection,
3-26 the board shall immediately notify the pardons and paroles division
3-27 that the emergency overcrowding situation no longer exists.
4-1 SECTION 9. Section 499.072(a), Government Code, is amended
4-2 to read as follows:
4-3 (a) The board must consider waiving the allocation formula
4-4 under this subchapter and may waive the formula for a county:
4-5 (1) that experiences a rapid increase in persons
4-6 convicted of felonies for reasons other than traditional sentencing
4-7 practices in the county; or
4-8 (2) in which the jail inmate population exceeds the
4-9 approved capacity of the county's jail facility, as established by
4-10 the Jail Commission <on Jail Standards>.
4-11 SECTION 10. Section 499.122, Government Code, is amended to
4-12 read as follows:
4-13 Sec. 499.122. Inmate Count. The Jail Commission <on Jail
4-14 Standards> shall analyze monthly the population of each jail in
4-15 this state that is the jail for a qualifying county and determine
4-16 the number of inmates confined in the jail who are awaiting
4-17 transfer to the institutional division following conviction of a
4-18 felony or revocation of probation, parole, or release on mandatory
4-19 supervision and for whom all paperwork and processing required
4-20 under Section 8(a), Article 42.09, Code of Criminal Procedure, for
4-21 transfer have been completed. The commission may not consider in
4-22 determining the population of the jail under this section any
4-23 inmate who is in the jail after having been transferred from
4-24 another jail and for whom the commission has made payment under
4-25 this subchapter.
4-26 SECTION 11. Section 499.123, Government Code, is amended to
4-27 read as follows:
5-1 Sec. 499.123. Payment. (a) Not later than the 32nd day
5-2 after the effective date of this subchapter, the Jail Commission
5-3 <on Jail Standards> shall determine for each jail in this state
5-4 that is the jail for a qualifying county the number of inmates
5-5 confined in the jail on April 1, 1991, who were awaiting transfer
5-6 to the institutional division following conviction of a felony or
5-7 revocation of probation, parole, or release on mandatory
5-8 supervision and for whom paperwork and processing required under
5-9 Section 8(a), Article 42.09, Code of Criminal Procedure, for
5-10 transfer had been completed on that date.
5-11 (b) A qualifying county is entitled to payment from the Jail
5-12 Commission <on Jail Standards> as compensation to the county for
5-13 confining the number of inmates determined as ready for transfer
5-14 under Subsection (a) at an amount per inmate to be determined by
5-15 dividing into $11.5 million the total number of inmates in jails
5-16 that are the jails for qualifying counties under Subsection (a)
5-17 confined by qualifying counties. The commission shall make the
5-18 payment under this subsection on or before January 15, 1992.
5-19 (c) Not later than September 10, 1993, the Jail Commission
5-20 <on Jail Standards> shall determine for each jail in this state
5-21 that is the jail for a qualifying county the number of inmates
5-22 confined in the jail on September 1, 1993, who were awaiting
5-23 transfer to the institutional division following conviction of a
5-24 felony or revocation of probation, parole, or release on mandatory
5-25 supervision and for whom paperwork and processing required under
5-26 Section 8(a), Article 42.09, Code of Criminal Procedure, for
5-27 transfer had been completed, as determined under Section 499.122,
6-1 on that date.
6-2 (d) A qualifying county is entitled to payment from the Jail
6-3 Commission <on Jail Standards> as compensation to the county for
6-4 confining the number of inmates determined as ready for transfer
6-5 under Subsection (c) at an amount per inmate to be determined by
6-6 dividing the total number of inmates in county jails that are the
6-7 jails for qualifying counties under Subsection (c) confined by
6-8 qualifying counties into $11.5 million. The commission shall make
6-9 the payment under this subsection on or before January 15, 1994.
6-10 SECTION 12. Section 499.124, Government Code, is amended to
6-11 read as follows:
6-12 Sec. 499.124. Emergency Overcrowding Relief. (a) From the
6-13 effective date of this subchapter until August 31, 1993, for each
6-14 month in which the number of inmates confined in a jail that is the
6-15 jail for a qualifying county who are awaiting transfer to the
6-16 institutional division following conviction of a felony or
6-17 revocation of probation, parole, or release on mandatory
6-18 supervision and for whom paperwork and processing required under
6-19 Section 8(a), Article 42.09, Code of Criminal Procedure, for
6-20 transfer have been completed, as determined under Section 499.122,
6-21 is greater than 50 percent of the number of such inmates confined
6-22 in the jail on April 1, 1991, as determined under Section 499.123,
6-23 the Jail Commission <on Jail Standards> shall pay to a qualifying
6-24 county for each inmate in excess of 50 percent but less than or
6-25 equal to 210 percent of the April 1, 1991, number for each day of
6-26 confinement the sum of $20, and for each inmate in excess of 210
6-27 percent of the April 1, 1991, number for each day of confinement
7-1 the sum of $30.
7-2 (b) From September 1, 1993, until September 1, 1995, for
7-3 each month in which the number of inmates confined in a jail that
7-4 is the jail for a qualifying county who are awaiting transfer to
7-5 the institutional division following conviction of a felony or
7-6 revocation of probation, parole, or release on mandatory
7-7 supervision and for whom paperwork and processing required under
7-8 Section 8(a), Article 42.09, Code of Criminal Procedure, for
7-9 transfer have been completed, as determined under Section 499.122,
7-10 is greater than 25 percent of the number of such inmates confined
7-11 in the jail on April 1, 1991, as determined under Section 499.123,
7-12 the Jail Commission <on Jail Standards> shall pay to a qualifying
7-13 county for each inmate in excess of 25 percent but less than or
7-14 equal to 210 percent of the April 1, 1991, number for each day of
7-15 confinement the sum of $20, and for each inmate in excess of 210
7-16 percent of the April 1, 1991, number for each day of confinement
7-17 the sum of $30.
7-18 SECTION 13. Section 499.125(b), Government Code, is amended
7-19 to read as follows:
7-20 (b) The Jail Commission <on Jail Standards> is liable to
7-21 counties for payment of the costs of transportation for and
7-22 maintenance of transferred inmates. Costs paid to a county shall
7-23 be paid into the treasury of the county operating the facility
7-24 receiving the inmates. The costs for maintenance of an inmate for
7-25 which the commission is liable under this section are:
7-26 (1) the actual costs, as determined by the agreement
7-27 between the board and the officer or governing body authorized by
8-1 law to enter into contracts, but only if Harris County, Texas v.
8-2 the State of Texas, et al. in the 126th District Court of Travis
8-3 County, Texas, Cause No. 475,468 is settled by written agreement on
8-4 or before the 31st day after the effective date of this subchapter;
8-5 or
8-6 (2) if the suit described by Subdivision (1) of this
8-7 subsection is not settled within the period specified by the
8-8 subdivision, for each inmate for each day the first $20 of actual
8-9 costs and one-half of costs that are in excess of $20, with the
8-10 transferring county liable to the operators of the receiving
8-11 facility for all costs not paid by the state.
8-12 SECTION 14. Section 2001.028, Government Code, is amended to
8-13 read as follows:
8-14 Sec. 2001.028. Notice of Proposed Law Enforcement Rules.
8-15 Notice of the adoption of a proposed rule by the Jail Commission
8-16 <on Jail Standards> or the Commission on Law Enforcement Officer
8-17 Standards and Education that affects a law enforcement agency of
8-18 the state or of a political subdivision of the state is not
8-19 effective until the notice is:
8-20 (1) published as required by Section 2001.023; and
8-21 (2) mailed to each law enforcement agency that may be
8-22 affected by the proposed rule.
8-23 SECTION 15. Section 5, Article 42.032, Code of Criminal
8-24 Procedure, is amended to read as follows:
8-25 Sec. 5. Any part or all of the commutation accrued under
8-26 this article may be forfeited and taken away by the sheriff for a
8-27 sustained charge of misconduct in violation of any rule known to
9-1 the defendant, including escape or attempt to escape, if the
9-2 sheriff has complied with discipline proceedings as approved by the
9-3 Jail Commission <on Jail Standards>.
9-4 SECTION 16. Article 43.10(a), Code of Criminal Procedure, is
9-5 amended to read as follows:
9-6 (a) Where the punishment assessed in a conviction for
9-7 misdemeanor is confinement in jail for more than one day, or where
9-8 in such conviction the punishment is assessed only at a pecuniary
9-9 fine and the party so convicted is unable to pay the fine and costs
9-10 adjudged against him, or where the party convicted is required to
9-11 serve a period of confinement as a condition of community
9-12 supervision, or where the party is sentenced to jail for a felony
9-13 or is confined in jail after conviction of a felony, the party
9-14 convicted or required to serve the period of confinement shall be
9-15 required to work in the county jail industries program or shall be
9-16 required to do manual labor in accordance with the provisions of
9-17 this article under the following rules and regulations:
9-18 1. Each commissioners court may provide for the erection of
9-19 a workhouse and the establishment of a county farm in connection
9-20 therewith for the purpose of utilizing the labor of said parties so
9-21 convicted or required to serve a period of confinement;
9-22 2. Such farms and workhouses shall be under the control and
9-23 management of the sheriff, and the sheriff may adopt such rules and
9-24 regulations not inconsistent with the rules and regulations of the
9-25 Jail Commission <on Jail Standards> and with the laws as the
9-26 sheriff deems necessary;
9-27 3. Such overseers and guards may be employed by the sheriff
10-1 under the authority of the commissioners court as may be necessary
10-2 to prevent escapes and to enforce such labor, and they shall be
10-3 paid out of the county treasury such compensation as the
10-4 commissioners court may prescribe;
10-5 4. They shall be put to labor upon public works and
10-6 maintenance projects, including public works and maintenance
10-7 projects for a political subdivision located in whole or in part in
10-8 the county;
10-9 5. One who from age, disease, or other physical or mental
10-10 disability is unable to do manual labor shall not be required to
10-11 work. His inability to do manual labor may be determined by a
10-12 physician appointed for that purpose by the county judge or the
10-13 commissioners court, who shall be paid for such service such
10-14 compensation as said court may allow; and
10-15 6. For each day of manual labor, in addition to any other
10-16 credits allowed by law, a defendant is entitled to have one day
10-17 deducted from each sentence or period of confinement he is serving.
10-18 The deduction authorized by this article, when combined with the
10-19 deduction required by Article 42.10 of this code, may not exceed
10-20 two-thirds (2/3) of the sentence or period of confinement.
10-21 SECTION 17. Section 89.072, Health and Safety Code, is
10-22 amended to read as follows:
10-23 Sec. 89.072. Rulemaking. The department shall recommend to
10-24 the Jail Commission <on Jail Standards> and the Texas Department of
10-25 Criminal Justice rules to carry out this chapter, including rules
10-26 describing:
10-27 (1) the types of screening tests and diagnostic
11-1 evaluations and the scope of the professional examinations that may
11-2 be used to meet the requirements of this chapter;
11-3 (2) the categories of employees, volunteers, or
11-4 inmates who must have a screening test under this chapter;
11-5 (3) the form and content of the certificate required
11-6 under Subchapter B for employees and volunteers;
11-7 (4) the deadlines for filing a certificate;
11-8 (5) the transfer of employee or volunteer certificates
11-9 and inmate records between county or judicial district facilities;
11-10 (6) the frequency of screening tests for employees,
11-11 volunteers, and inmates;
11-12 (7) the criteria for requiring an additional screening
11-13 test or a diagnostic evaluation or examination; and
11-14 (8) the reporting of a screening test or an evaluation
11-15 or examination result to the appropriate health authority or to the
11-16 department.
11-17 SECTION 18. Section 614.002(c), Health and Safety Code, is
11-18 amended to read as follows:
11-19 (c) The executive head of each of the following agencies,
11-20 divisions of agencies, or associations, or that person's designated
11-21 representative, shall serve as a member of the council:
11-22 (1) the institutional division of the Texas Department
11-23 of Criminal Justice;
11-24 (2) the Texas Department of Mental Health and Mental
11-25 Retardation;
11-26 (3) the pardons and paroles division of the Texas
11-27 Department of Criminal Justice;
12-1 (4) the community justice assistance division of the
12-2 Texas Department of Criminal Justice;
12-3 (5) the Texas Juvenile Probation Commission;
12-4 (6) the Texas Youth Commission;
12-5 (7) the Texas Rehabilitation Commission;
12-6 (8) the Central Education Agency;
12-7 (9) the Criminal Justice Policy Council;
12-8 (10) the Mental Health Association in Texas;
12-9 (11) the Texas Commission on Alcohol and Drug Abuse;
12-10 (12) the Commission on Law Enforcement Officer
12-11 Standards and Education;
12-12 (13) the Texas Council of Community Mental Health and
12-13 Mental Retardation Centers;
12-14 (14) the Jail Commission <on Jail Standards>;
12-15 (15) the Texas Planning Council for Developmental
12-16 Disabilities;
12-17 (16) the Texas Association for Retarded Citizens;
12-18 (17) the Texas Alliance for the Mentally Ill;
12-19 (18) the Parent Association for the Retarded of Texas,
12-20 Inc.;
12-21 (19) the Texas Department of Human Services; and
12-22 (20) the Texas Department on Aging.
12-23 SECTION 19. Section 614.016, Health and Safety Code, is
12-24 amended to read as follows:
12-25 Sec. 614.016. Continuity of Care for Certain Offenders by
12-26 Law Enforcement and Jails. (a) The council, the Commission on Law
12-27 Enforcement Officer Standards and Education, and the Jail
13-1 Commission <on Jail Standards> by rule shall adopt a memorandum of
13-2 understanding that establishes their respective responsibilities to
13-3 institute a continuity of care and service program for offenders in
13-4 the criminal justice system who are mentally impaired, elderly,
13-5 physically disabled, terminally ill, or significantly ill.
13-6 (b) The memorandum of understanding must establish methods
13-7 for:
13-8 (1) identifying offenders in the criminal justice
13-9 system who are mentally impaired, elderly, physically disabled,
13-10 terminally ill, or significantly ill;
13-11 (2) developing procedures for the exchange of
13-12 information relating to offenders who are mentally impaired,
13-13 elderly, physically disabled, terminally ill, or significantly ill
13-14 by the council, the Commission on Law Enforcement Officer Standards
13-15 and Education, and the Jail Commission <on Jail Standards> for use
13-16 in the continuity of care and services program; and
13-17 (3) adopting rules and standards that assist in the
13-18 development of a continuity of care and services program for
13-19 offenders who are mentally impaired, elderly, physically disabled,
13-20 terminally ill, or significantly ill.
13-21 SECTION 20. Section 351.002, Local Government Code, is
13-22 amended to read as follows:
13-23 Sec. 351.002. Jail Standards. The jail standards prescribed
13-24 by this subchapter are minimum standards for county jails. Each
13-25 county jail must comply with the minimum standards and the rules
13-26 and procedures of the Jail Commission <on Jail Standards>.
13-27 SECTION 21. Section 351.0035, Local Government Code, is
14-1 amended to read as follows:
14-2 Sec. 351.0035. Temporary Housing. (a) On request of the
14-3 sheriff and the commissioners court of a county, the Jail
14-4 Commission <on Jail Standards> shall authorize a county to house a
14-5 prisoner in a tent or other facility that is not a county jail.
14-6 (b) The Jail Commission <on Jail Standards> shall adopt
14-7 rules that govern the temporary housing of prisoners, including a
14-8 specific requirement for:
14-9 (1) the classification and separation of prisoners;
14-10 (2) the supervision of prisoners;
14-11 (3) safety, sanitation, and health;
14-12 (4) the structure and maintenance of the facility;
14-13 (5) the provision of bunks or sleeping areas for
14-14 prisoners or other furnishings for the facility;
14-15 (6) the space and capacity in the facility; and
14-16 (7) the enforcement of a rule the commission adopts
14-17 under this subsection.
14-18 (c) A rule adopted under Subsection (b) must be consistent
14-19 with the jail standards imposed by or adopted under other
14-20 provisions of this subchapter unless the Jail Commission <on Jail
14-21 Standards> determines compliance is not practicable or reasonable.
14-22 SECTION 22. Section 351.0036(a), Local Government Code, is
14-23 amended to read as follows:
14-24 (a) Notwithstanding the requirements of Section 351.0035,
14-25 the Jail Commission <on Jail Standards> is hereby authorized to
14-26 adopt rules governing the temporary housing of prisoners in
14-27 connection with specific correctional programs which include work
15-1 camps, wilderness camps, forestry camps, or boot camps.
15-2 SECTION 23. Section 351.015, Local Government Code, is
15-3 amended to read as follows:
15-4 Sec. 351.015. Enforcement. This subchapter is enforceable
15-5 by the Jail Commission <on Jail Standards>.
15-6 SECTION 24. Section 351.0415(a), Local Government Code, is
15-7 amended to read as follows:
15-8 (a) The sheriff of a county may operate, or contract with
15-9 another person to operate, a commissary for the use of the
15-10 prisoners committed to the county jail. The commissary must be
15-11 operated in accordance with rules adopted by the Jail Commission
15-12 <on Jail Standards>.
15-13 SECTION 25. Section 351.043(a), Local Government Code, is
15-14 amended to read as follows:
15-15 (a) The sheriff or jailer may receive into the county jail a
15-16 federal prisoner delivered by a federal law enforcement officer
15-17 unless the sheriff or jailer determines that receipt of the
15-18 prisoner may violate a state or federal court order, a statute, or
15-19 a rule of the Jail Commission <on Jail Standards> or the Texas
15-20 Board of Criminal Justice.
15-21 SECTION 26. Section 351.044, Local Government Code, is
15-22 amended to read as follows:
15-23 Sec. 351.044. Prisoner in Another County's Jail. A county
15-24 to which a prisoner is sent due to the lack of a safe jail in the
15-25 sending county as determined by the Jail Commission <on Jail
15-26 Standards> may recover by suit from the sending county the
15-27 reasonable cost of keeping the prisoner.
16-1 SECTION 27. Section 351.101, Local Government Code, is
16-2 amended to read as follows:
16-3 Sec. 351.101. Authority to Contract. The commissioners
16-4 court of a county, with the approval of the sheriff of the county,
16-5 may contract with a private organization to place low-risk county
16-6 inmates in a detention facility operated by the organization. The
16-7 commissioners court may not contract with a private organization in
16-8 which a member of the court or an elected or appointed peace
16-9 officer who serves in the county has a financial interest or in
16-10 which an employee or commissioner of the Jail Commission <on Jail
16-11 Standards> has a financial interest. A contract made in violation
16-12 of this section is void.
16-13 SECTION 28. Section 351.103, Local Government Code, is
16-14 amended to read as follows:
16-15 Sec. 351.103. Contract Requirements. A contract made under
16-16 Section 351.102 must:
16-17 (1) require the private vendor to operate the facility
16-18 in compliance with minimum standards adopted by the Jail Commission
16-19 <on Jail Standards> and receive and retain a certification of
16-20 compliance from the commission;
16-21 (2) provide for regular, on-site monitoring by the
16-22 sheriff;
16-23 (3) if the contract includes construction, require a
16-24 performance bond approved by the commissioners court that is
16-25 adequate and appropriate for the proposed construction contract;
16-26 (4) provide for assumption of liability by the private
16-27 vendor for all claims arising from the services performed under the
17-1 contract by the private vendor;
17-2 (5) provide for an adequate plan of insurance for the
17-3 private vendor and its officers, guards, employees, and agents
17-4 against all claims, including claims based on violations of civil
17-5 rights, arising from the services performed under the contract by
17-6 the private vendor;
17-7 (6) provide for a plan for the purchase and assumption
17-8 of operations by the county in the event of the bankruptcy of the
17-9 private vendor;
17-10 (7) if the contract involves conversion of an existing
17-11 county facility to private vendor operation, require the private
17-12 vendor to give preferential consideration in hiring to employees at
17-13 the existing facility who meet or exceed the company's
17-14 qualifications and standards for employment in available positions;
17-15 (8) require the private vendor to provide health care
17-16 benefits comparable to that of the county;
17-17 (9) provide for an adequate plan of insurance to
17-18 protect the county against all claims arising from the services
17-19 performed under the contract by the private vendor and to protect
17-20 the county from actions by a third party against the private
17-21 vendor, its officers, guards, employees, and agents as a result of
17-22 the contract; and
17-23 (10) contain comprehensive standards for conditions of
17-24 confinement.
17-25 SECTION 29. Section 351.184, Local Government Code, is
17-26 amended to read as follows:
17-27 Sec. 351.184. Certification. (a) In order to certify
18-1 county correctional centers as eligible for state funding under
18-2 Section 11(b)(6), Article 42.13, Code of Criminal Procedure, the
18-3 community justice assistance division of the Texas Department of
18-4 Criminal Justice, with the assistance of the Jail Commission <on
18-5 Jail Standards>, shall develop standards for the physical plant and
18-6 operations of county correctional centers.
18-7 (b) The Texas Department of Criminal Justice and the Jail
18-8 Commission <on Jail Standards> shall adopt a memorandum of
18-9 understanding that establishes their respective responsibilities in
18-10 certifying county correctional centers. The community justice
18-11 assistance division shall coordinate the development of the
18-12 memorandum of understanding. The commission and the Texas
18-13 Department of Criminal Justice by rule shall adopt the memorandum
18-14 of understanding.
18-15 SECTION 30. Section 361.062, Local Government Code, is
18-16 amended to read as follows:
18-17 Sec. 361.062. Contract Requirements. A contract made under
18-18 this subchapter must:
18-19 (1) require the private vendor or county to operate
18-20 the facility in compliance with minimum standards of construction,
18-21 equipment, maintenance, and operation of jails adopted by the Jail
18-22 Commission <on Jail Standards> and receive and retain a
18-23 certification of compliance from the commission;
18-24 (2) provide for regular, on-site monitoring by the
18-25 municipality;
18-26 (3) if the contract includes construction, provide for
18-27 a performance bond and a payment bond specifically approved by
19-1 resolution of the governing body as being adequate for the proposed
19-2 contract and issued only by a surety authorized to do business as a
19-3 surety in this state and regulated by the State Board of Insurance;
19-4 (4) provide for assumption of liability by a private
19-5 vendor for all claims arising from the services performed under the
19-6 contract by the private vendor;
19-7 (5) provide for an adequate plan of insurance for a
19-8 private vendor and its officers, guards, employees, and agents
19-9 against all claims, including claims based on violations of civil
19-10 rights, arising from the services performed under the contract by
19-11 the private vendor;
19-12 (6) provide for a plan for the purchase and assumption
19-13 of operations by the municipality in the event of the bankruptcy of
19-14 the private vendor;
19-15 (7) provide for an adequate plan of insurance to
19-16 protect the municipality against all claims arising from the
19-17 services performed under the contract by a private vendor and to
19-18 protect the municipality from actions by a third party against the
19-19 private vendor, its officers, guards, employees, and agents as a
19-20 result of the contract;
19-21 (8) contain comprehensive standards for conditions of
19-22 confinement; and
19-23 (9) require that any improvement to real property
19-24 occurring as a result of the contract be awarded under a
19-25 competitive proposal procedure under which quotations and proposals
19-26 are solicited by advertisement in the same manner as provided in
19-27 the competitive bidding procedure specifying the relative
20-1 importance of price and other evaluation factors.
20-2 SECTION 31. (a) The name of the Commission on Jail
20-3 Standards is changed to the Jail Commission.
20-4 (b) A reference in law to the Commission on Jail Standards
20-5 is a reference to the Jail Commission.
20-6 (c) An appropriation for the use and benefit of the
20-7 Commission on Jail Standards is available for the use and benefit
20-8 of the Jail Commission.
20-9 (d) Before using new stationery or other supplies printed
20-10 with the commission's name as changed by this Act, the commission
20-11 shall use all stationery and other supplies that are printed with
20-12 the commission's former name and that are in its possession on the
20-13 effective date of this Act.
20-14 SECTION 32. The importance of this legislation and the
20-15 crowded condition of the calendars in both houses create an
20-16 emergency and an imperative public necessity that the
20-17 constitutional rule requiring bills to be read on three several
20-18 days in each house be suspended, and this rule is hereby suspended,
20-19 and that this Act take effect and be in force from and after its
20-20 passage, and it is so enacted.