79R8002 MFC-F

By:  Madden                                                       H.B. No. 2198



A BILL TO BE ENTITLED

AN ACT

relating to commissary operation in county jails and privately 
operated jail 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 a private vendor, as 
appropriate, may operate, or contract with another person to 
operate, a commissary for the use of the prisoners committed to the 
county jail or to a jail operated by a private vendor under contract 
with the county.  The commissary must be operated in accordance with 
rules adopted by the Commission on Jail Standards.
	(b)  The sheriff or private vendor:                                     
		(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 private vendor may use commissary 
proceeds only to:
		(1)  fund, staff, and equip a program addressing the 
social needs of the [county] prisoners, including an educational or 
recreational program and religious or rehabilitative counseling;
		(2)  supply [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 prisoners' commissary accounts; [or]
		(4)  fund, staff, and equip both an educational and a 
law library for the educational use of [county] prisoners;
		(5)  fund physical plant improvements, renovations, 
and repairs, including installing and replacing air conditioning 
equipment, laundry equipment, and food service equipment;
		(6)  help defray the costs associated with food 
services provided to the prisoners;
		(7)  help defray the costs associated with medical care 
provided to the prisoners; and
		(8)  fund the required annual Commission on Jail 
Standards inspections.
	(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.
	SECTION 2.  This Act takes effect September 1, 2005.