SGN C.S.H.B. 507 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 507 By: Dutton 3-5-97 Committee Report (Substituted) BACKGROUND Current law requires vendors contracting with the Texas Department of Criminal Justice to meet the same standards that are required of all state-operated facilities. Current law provides for several conditions that vendors must adhere to such as: offer similar programs as state-operated facilities at a level and quality equal to the state's with 10% cost savings compared to stateoperated facilities; termination of contract for failure to meet contractual conditions; construction of a facility requires a performance bond; assumption of liability for all claims arising from services performed; adequate plan of insurance for the private vendor and its officers, guards, employees, and agents against all claims; adequate plan of insurance to protect the state from all claims arising from services performed and third party claims against the contracting vendors; and comprehensive standards for conditions of confinement. Though current law covers many areas of concern with contracting vendors, it does not cover employment requirements for those guards employed by vendors under a contract with the Texas Department of Criminal Justice. PURPOSE C.S.H.B. 507 provides that private vendors employ as guards only individuals whose educational background and previous employment experience meet or exceed the requirements applicable to guards employed by the department. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 495.003, Government Code, by amending Subsection (c) to add subdivision (14) to provide that the private vendor employ as guards only individuals whose educational background and previous employment experience meet or exceed the requirements applicable to guards employed by the TDCJ. Subsection (f) is added to require all requests for proposals to contract with the department to include a statement of the minimum educational background and employment experience required of guards employed by the department. SECTION 2. Amends Chapter 511, Government Code, by adding Section 511.0092 as follows: Sec. 511.0092. QUALIFICATIONS FOR GUARDS IN CERTAIN PRIVATE PRISONS. (a) Requires the Commission on Jail Standards to require that a private vendor listed in Subsection (b) that is housing inmates convicted of offenses in other states, employ as guards only individuals whose educational background and previous employment experience meet or exceed the requirements applicable to guards employed by the TDCJ. (b) Provides that this sections applies to private vendors operating a correctional facility under a contract with another state, a county or a municipality. (c) Provides that an entity that violates Subsection (a) commits a criminal offense punishable as a Class B misdemeanor. SECTION 3. Effective date: September 1, 1997. This Act applies only to employees operating under contracts entered into on or after this date. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds Sec. 511.0092, Government Code, requiring private vendors operating correctional facilities that are contracting with other states, counties or municipalities to hire guards whose educational background and previous employment experience meet or exceed the requirements of guards hired by the TDCJ. Adds language the provides that an entity that violates this Act commits a criminal offense punishable as a Class B misdemeanor.