1-1 By: Dutton (Senate Sponsor - Whitmire) H.B. No. 507
1-2 (In the Senate - Received from the House March 26, 1997;
1-3 April 2, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 18, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 7, Nays 0; May 18, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-8 Amend HB 507 by changing the reference from 511.0092 Government
1-9 Code to 511.0097 Government Code on page 2, lines 13 and 14 and
1-10 deleting subsection(c) on page 2, lines 27 and 28.
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to educational and employment experience requirements for
1-14 certain individuals hired as guards in facilities that house
1-15 inmates; providing a penalty.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Section 495.003, Government Code, is amended by
1-18 amending Subsection (c) and by adding Subsection (f) to read as
1-19 follows:
1-20 (c) In addition to meeting the requirements specified in the
1-21 requests for proposals, a proposal must:
1-22 (1) provide for regular, on-site monitoring by the
1-23 institutional division;
1-24 (2) acknowledge that payment by the state is subject
1-25 to the availability of appropriations;
1-26 (3) provide for payment of a maximum amount per
1-27 biennium;
1-28 (4) offer a level and quality of programs at least
1-29 equal to those provided by state-operated facilities that house
1-30 similar types of inmates and at a cost that provides the state with
1-31 a savings of not less than 10 percent of the cost of housing
1-32 inmates in similar facilities and providing similar programs to
1-33 those types of inmates in state-operated facilities;
1-34 (5) permit the state to terminate the contract for
1-35 cause, including as cause the failure of the private vendor or
1-36 county to meet the conditions required by this subchapter and other
1-37 conditions required by the contract;
1-38 (6) provide that cost adjustments may be made only
1-39 once each fiscal year, to take effect at the beginning of the next
1-40 fiscal year;
1-41 (7) have an initial contract term of not more than
1-42 three years, with an option to renew for additional periods of two
1-43 years;
1-44 (8) if the proposal includes construction of a
1-45 facility, contain a performance bond approved by the board that is
1-46 adequate and appropriate for the proposed contract;
1-47 (9) provide for assumption of liability by the private
1-48 vendor or county for all claims arising from the services performed
1-49 under the contract by the private vendor or county;
1-50 (10) provide for an adequate plan of insurance for the
1-51 private vendor or county and its officers, guards, employees, and
1-52 agents against all claims, including claims based on violations of
1-53 civil rights arising from the services performed under the contract
1-54 by the private vendor or county;
1-55 (11) provide for an adequate plan of insurance to
1-56 protect the state against all claims arising from the services
1-57 performed under the contract by the private vendor or county and to
1-58 protect the state from actions by a third party against the private
1-59 vendor or county, its officers, guards, employees, and agents as a
1-60 result of the contract;
1-61 (12) provide plans for the purchase and assumption of
1-62 operations by the state in the event of the bankruptcy of the
1-63 private vendor or inability of the county to perform its duties
1-64 under the contract; [and]
2-1 (13) contain comprehensive standards for conditions of
2-2 confinement; and
2-3 (14) provide that the private vendor employ as guards
2-4 only individuals whose educational backgrounds and previous
2-5 employment experience meet or exceed the requirements applicable to
2-6 guards employed by the department.
2-7 (f) The board shall include in each request for proposals
2-8 under this section a statement of the minimum educational
2-9 background and employment experience required of guards employed by
2-10 the department.
2-11 SECTION 2. Chapter 511, Government Code, is amended by
2-12 adding Section 511.0092 to read as follows:
2-13 Sec. 511.0092. QUALIFICATIONS FOR GUARDS IN CERTAIN PRIVATE
2-14 PRISONS. (a) The commission shall require that an entity listed
2-15 in Subsection (b) that houses inmates convicted of offenses
2-16 committed against the laws of another state employ as guards only
2-17 individuals whose educational backgrounds and previous employment
2-18 experience meet or exceed the requirements applicable to guards
2-19 employed by the Texas Department of Criminal Justice.
2-20 (b) This section applies to a private vendor operating a
2-21 correctional facility under a contract with another state,
2-22 operating under a contract with a county under Subchapter F,
2-23 Chapter 351, Local Government Code, or operating under a contract
2-24 with a municipality under Subchapter E, Chapter 361, Local
2-25 Government Code.
2-26 (c) An entity that violates Subsection (a) commits a
2-27 criminal offense punishable as a Class B misdemeanor.
2-28 SECTION 3. This Act takes effect September 1, 1997, and
2-29 applies only to employees operating under contracts entered into on
2-30 or after that date.
2-31 SECTION 4. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *