1-1 By: Lucio S.B. No. 1730 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 6, 1999, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 April 6, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1730 By: Nixon 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to contracts between commissioners courts and private 1-11 vendors for certain corrections facilities. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 351.103, Local Government Code, is 1-14 amended to read as follows: 1-15 Sec. 351.103. CONTRACT REQUIREMENTS. A contract made under 1-16 Section 351.102 must: 1-17 (1) if the contract includes operation or management 1-18 of the facility by the private vendor, require the private vendor 1-19 to operate the facility in compliance with minimum standards 1-20 adopted by the Commission on Jail Standards and receive and retain 1-21 a certification of compliance from the commission; 1-22 (2) if the contract includes operation or management 1-23 of the facility by the private vendor, provide for regular, on-site 1-24 monitoring by the sheriff; 1-25 (3) if the contract includes construction, require a 1-26 performance bond approved by the commissioners court that is 1-27 adequate and appropriate for the proposed construction contract; 1-28 (4) provide for assumption of liability by the private 1-29 vendor for all claims arising from the services performed under the 1-30 contract by the private vendor; 1-31 (5) if the contract includes operation or management 1-32 of the facility by the private vendor, provide for an adequate plan 1-33 of insurance for the private vendor and its officers, guards, 1-34 employees, and agents against all claims, including claims based on 1-35 violations of civil rights, arising from the services performed 1-36 under the contract by the private vendor; 1-37 (6) if the contract includes operation or management 1-38 of the facility by the private vendor, provide for a plan for the 1-39 purchase and assumption of operations by the county in the event of 1-40 the bankruptcy of the private vendor; 1-41 (7) if the contract includes operation or management 1-42 of the facility by the private vendor and if the contract involves 1-43 conversion of an existing county facility to private vendor 1-44 operation, require the private vendor to give preferential 1-45 consideration in hiring to employees at the existing facility who 1-46 meet or exceed the company's qualifications and standards for 1-47 employment in available positions; 1-48 (8) if the contract includes operation or management 1-49 of the facility by the private vendor, require the private vendor 1-50 to provide health care benefits comparable to that of the county; 1-51 (9) provide for an adequate plan of insurance to 1-52 protect the county against all claims arising from the services 1-53 performed under the contract by the private vendor and to protect 1-54 the county from actions by a third party against the private 1-55 vendor, its officers, guards, employees, and agents as a result of 1-56 the contract; and 1-57 (10) if the contract includes operation or management 1-58 of the facility by the private vendor, contain comprehensive 1-59 standards for conditions of confinement. 1-60 SECTION 2. The importance of this legislation and the 1-61 crowded condition of the calendars in both houses create an 1-62 emergency and an imperative public necessity that the 1-63 constitutional rule requiring bills to be read on three several 1-64 days in each house be suspended, and this rule is hereby suspended, 2-1 and that this Act take effect and be in force from and after its 2-2 passage, and it is so enacted. 2-3 * * * * *