By: Lucio S.B. No. 1730
A BILL TO BE ENTITLED
AN ACT
1-1 relating to contracts between commissioners courts and private
1-2 vendors for certain corrections facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 351.103, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 351.103. CONTRACT REQUIREMENTS. A contract made under
1-7 Section 351.102 must:
1-8 (1) if the contract includes operation or management
1-9 of the facility by the private vendor, require the private vendor
1-10 to operate the facility in compliance with minimum standards
1-11 adopted by the Commission on Jail Standards and receive and retain
1-12 a certification of compliance from the commission;
1-13 (2) if the contract includes operation or management
1-14 of the facility by the private vendor, provide for regular, on-site
1-15 monitoring by the sheriff;
1-16 (3) if the contract includes construction, require a
1-17 performance bond approved by the commissioners court that is
1-18 adequate and appropriate for the proposed construction contract;
1-19 (4) provide for assumption of liability by the private
1-20 vendor for all claims arising from the services performed under the
1-21 contract by the private vendor;
1-22 (5) if the contract includes operation or management
1-23 of the facility by the private vendor, provide for an adequate plan
1-24 of insurance for the private vendor and its officers, guards,
2-1 employees, and agents against all claims, including claims based on
2-2 violations of civil rights, arising from the services performed
2-3 under the contract by the private vendor;
2-4 (6) if the contract includes operation or management
2-5 of the facility by the private vendor, provide for a plan for the
2-6 purchase and assumption of operations by the county in the event of
2-7 the bankruptcy of the private vendor;
2-8 (7) if the contract includes operation or management
2-9 of the facility by the private vendor and if the contract involves
2-10 conversion of an existing county facility to private vendor
2-11 operation, require the private vendor to give preferential
2-12 consideration in hiring to employees at the existing facility who
2-13 meet or exceed the company's qualifications and standards for
2-14 employment in available positions;
2-15 (8) if the contract includes operation or management
2-16 of the facility by the private vendor, require the private vendor
2-17 to provide health care benefits comparable to that of the county;
2-18 (9) provide for an adequate plan of insurance to
2-19 protect the county against all claims arising from the services
2-20 performed under the contract by the private vendor and to protect
2-21 the county from actions by a third party against the private
2-22 vendor, its officers, guards, employees, and agents as a result of
2-23 the contract; and
2-24 (10) if the contract includes operation or management
2-25 of the facility by the private vendor, contain comprehensive
2-26 standards for conditions of confinement.
3-1 SECTION 2. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.