By Dutton                                              H.B. No. 507

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to educational and employment experience requirements for

 1-3     certain individuals hired as guards in facilities that house

 1-4     inmates; providing a penalty.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 495.003, Government Code, is amended by

 1-7     amending Subsection (c) and by adding Subsection (f) to read as

 1-8     follows:

 1-9           (c)  In addition to meeting the requirements specified in the

1-10     requests for proposals, a proposal must:

1-11                 (1)  provide for regular, on-site monitoring by the

1-12     institutional division;

1-13                 (2)  acknowledge that payment by the state is subject

1-14     to the availability of appropriations;

1-15                 (3)  provide for payment of a maximum amount per

1-16     biennium;

1-17                 (4)  offer a level and quality of programs at least

1-18     equal to those provided by state-operated facilities that house

1-19     similar types of inmates and at a cost that provides the state with

1-20     a savings of not less than 10 percent of the cost of housing

1-21     inmates in similar facilities and providing similar programs to

1-22     those types of inmates in state-operated facilities;

1-23                 (5)  permit the state to terminate the contract for

1-24     cause, including as cause the failure of the private vendor or

 2-1     county to meet the conditions required by this subchapter and other

 2-2     conditions required by the contract;

 2-3                 (6)  provide that cost adjustments may be made only

 2-4     once each fiscal year, to take effect at the beginning of the next

 2-5     fiscal year;

 2-6                 (7)  have an initial contract term of not more than

 2-7     three years, with an option to renew for additional periods of two

 2-8     years;

 2-9                 (8)  if the proposal includes construction of a

2-10     facility, contain a performance bond approved by the board that is

2-11     adequate and appropriate for the proposed contract;

2-12                 (9)  provide for assumption of liability by the private

2-13     vendor or county for all claims arising from the services performed

2-14     under the contract by the private vendor or county;

2-15                 (10)  provide for an adequate plan of insurance for the

2-16     private vendor or county and its officers, guards, employees, and

2-17     agents against all claims, including claims based on violations of

2-18     civil rights arising from the services performed under the contract

2-19     by the private vendor or county;

2-20                 (11)  provide for an adequate plan of insurance to

2-21     protect the state against all claims arising from the services

2-22     performed under the contract by the private vendor or county and to

2-23     protect the state from actions by a third party against the private

2-24     vendor or county, its officers, guards, employees, and agents as a

2-25     result of the contract;

2-26                 (12)  provide plans for the purchase and assumption of

2-27     operations by the state in the event of the bankruptcy of the

 3-1     private vendor or inability of the county to perform its duties

 3-2     under the contract; [and]

 3-3                 (13)  contain comprehensive standards for conditions of

 3-4     confinement; and

 3-5                 (14)  provide that the private vendor employ as guards

 3-6     only individuals whose educational backgrounds and previous

 3-7     employment experience meet or exceed the requirements applicable to

 3-8     guards employed by the department.

 3-9           (f)  The board shall include in each request for proposals

3-10     under this section a statement of the minimum educational

3-11     background and employment experience required of guards employed by

3-12     the department.

3-13           SECTION 2.  Chapter 511, Government Code, is amended by

3-14     adding Section 511.0092 to read as follows:

3-15           Sec. 511.0092.  QUALIFICATIONS FOR GUARDS IN CERTAIN PRIVATE

3-16     PRISONS.  (a)  The commission shall require that an entity listed

3-17     in Subsection (b) that houses inmates convicted of offenses

3-18     committed against the laws of another state employ as guards only

3-19     individuals whose educational backgrounds and previous employment

3-20     experience meet or exceed the requirements applicable to guards

3-21     employed by the Texas Department of Criminal Justice.

3-22           (b)  This section applies to a private vendor operating a

3-23     correctional facility under a contract with another state,

3-24     operating under a contract with a county under Subchapter F,

3-25     Chapter 351, Local Government Code, or operating under a contract

3-26     with a municipality under Subchapter E, Chapter 361, Local

3-27     Government Code.

 4-1           (c)  An entity that violates Subsection (a) commits a

 4-2     criminal offense punishable as a Class B misdemeanor.

 4-3           SECTION 3.  This Act takes effect September 1, 1997, and

 4-4     applies only to employees operating under contracts entered into on

 4-5     or after that date.

 4-6           SECTION 4.  The importance of this legislation and the

 4-7     crowded condition of the calendars in both houses create an

 4-8     emergency and an imperative public necessity that the

 4-9     constitutional rule requiring bills to be read on three several

4-10     days in each house be suspended, and this rule is hereby suspended.