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.