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.