79R15176 MFC-F


By:  Madden                                                       H.B. No. 2198

Substitute the following for H.B. No. 2198:                                   

By:  Allen of Dallas                                          C.S.H.B. No. 2198



A BILL TO BE ENTITLED

AN ACT

relating to commissary operation in county jails and privately 
operated detention facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 351.0415, Local Government Code, is 
amended to read as follows:
	Sec. 351.0415.  COMMISSARY OPERATION BY SHERIFF OR PRIVATE 
VENDOR.  (a)  The sheriff of a county or the sheriff's designee, 
including a private vendor operating a detention facility under 
contract with the county, may operate, or contract with another 
person to operate, a commissary for the use of the inmates 
[prisoners] committed to the county jail or to a detention facility 
operated by the private vendor, as appropriate.  The commissary 
must be operated in accordance with rules adopted by the Commission 
on Jail Standards.
	(b)  The sheriff or the sheriff's designee:                             
		(1)  has exclusive control of the commissary funds;                           
		(2)  shall maintain commissary accounts showing the 
amount of proceeds from the commissary operation and the amount and 
purpose of disbursements made from the proceeds; and
		(3)  shall accept new bids to renew contracts of 
commissary suppliers every five years.
	(c)  The sheriff or the sheriff's designee may use commissary 
proceeds only to:
		(1)  fund, staff, and equip a program addressing the 
social needs of the inmates [county prisoners], including an 
educational or recreational program and religious or 
rehabilitative counseling;
		(2)  supply inmates [county prisoners] with clothing, 
writing materials, and hygiene supplies;
		(3)  establish, staff, and equip the commissary 
operation and fund the salaries of staff responsible for managing 
the inmates' commissary accounts; [or]
		(4)  fund, staff, and equip both an educational and a 
law library for the educational use of inmates; or
		(5)  fund physical plant improvements, technology, 
equipment, programs, services, and activities that provide for the 
well-being, health, safety, and security of the inmates and the 
facility [county prisoners].
	(d)  For a jail under the supervision of the sheriff, at [At] 
least once each county fiscal year, or more often if the 
commissioners court desires, the auditor shall, without advance 
notice, fully examine the jail commissary accounts.  The auditor 
shall verify the correctness of the accounts and report the 
findings of the examination to the commissioners court of the 
county at its next term beginning after the date the audit is 
completed.
	(e)  A private vendor operating a detention facility under 
contract with the county shall ensure that the facility commissary 
accounts are annually examined by an independent auditor.
	(f)  When entering into a contract under Subsection (a), the 
sheriff or the sheriff's designee shall consider the following:
		(1)  whether the contract should provide for a fixed 
rate of return combined with a sales growth incentive;
		(2)  the menu items offered by the provider and the 
price of those items;
		(3)  the value, as measured by a best value standard, 
and benefits to inmates and the commissary, as offered by the 
provider;
		(4)  safety and security procedures to be performed by 
the provider; and
		(5)  the performance record of the provider, including 
service availability, reliability, and efficiency.
	(g)  Commissary proceeds may be used only for the purposes 
described in Subsection (c).  A commissioners court may not use 
commissary proceeds to fund the budgetary operating expenses of a 
county jail.
	SECTION 2.  Section 351.04155, Local Government Code, is 
amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  This section applies only to a county that:                               
		(1)  has a population of one million or more; [and]          
		(2)  has two municipalities with a population of 
200,000 [300,000] or more; and
		(3)  is adjacent to a county with a population of one 
million or more.
	(c)  A purchase made by the sheriff using commissary proceeds 
is subject to the competitive purchasing procedures contained in 
Subchapter C, Chapter 262.  For the purpose of complying with that 
subchapter, a reference in that subchapter to "commissioners court" 
means the sheriff and a reference to "the county official who makes 
purchases for the county" means the sheriff or the sheriff's 
designee.
	SECTION 3.  This Act takes effect September 1, 2005.