By:  Lucio                                            S.B. No. 1730
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to county contracts with private entities for jail
 1-2     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 of the facility by the
 1-9     private vendor, require the private vendor to operate the facility
1-10     in compliance with minimum standards adopted by the Commission on
1-11     Jail Standards and receive and retain a certification of compliance
1-12     from the commission;
1-13     (2)  provide for regular, on-site monitoring by the sheriff;
1-14     (3)  if the contract includes construction, require a performance
1-15     bond approved by the commissioners court that is adequate and
1-16     appropriate for the proposed construction contract;
1-17     (4)  provide for assumption of liability by the private vendor for
1-18     all claims arising from the services performed under the contract
1-19     by the private vendor;
1-20     (5)  if the contract includes operation of the facility by the
1-21     private vendor, provide for an adequate plan of insurance for the
1-22     private vendor and its officers, guards, employees, and agents
 2-1     against all claims, including claims based on violations of civil
 2-2     rights, arising from the services performed under the contract by
 2-3     the private vendor;
 2-4     (6)  provide for a plan for the purchase and assumption of
 2-5     operations by the county in the event of the bankruptcy of the
 2-6     private vendor;
 2-7     (7)  if the contract involves conversion of an existing county
 2-8     facility to private vendor operation, require the private vendor to
 2-9     give preferential consideration in hiring to employees at the
2-10     existing facility who meet or exceed the company's qualifications
2-11     and standards for employment in available positions;
2-12     (8)  if the contract includes operation of the facility by the
2-13     private vendor, require the private vendor to provide health care
2-14     benefits comparable to that of the county;
2-15     (9)  if the contract includes operation of the facility by the
2-16     private vendor, provide for an adequate plan of insurance to
2-17     protect the county against all claims arising from the services
2-18     performed under the contract by the private vendor and to protect
2-19     the county from actions by a third party against the private
2-20     vendor, its officers, guards, employees, and agents as a result of
2-21     the contract; and
2-22     (10)  if the contract includes operation of the facility by the
2-23     private vendor, contain comprehensive standards for conditions of
2-24     confinement.
2-25           SECTION 2.  This Act takes effect September 1, 1999.
2-26           SECTION 3.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.