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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the authority of a county to contract with |
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a private entity for jail facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. It is the policy of the state that the public |
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interest is best served if inmates are housed in a jail facility |
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that is owned and operated by a governmental entity accountable to |
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the elected officials of the county and the taxpayers who fund the |
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facility. |
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SECTION 2. Section 495.024, Government Code, is amended to |
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read as follows: |
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Sec. 495.024. RELEASE OF OUT-OF-STATE INMATES. A county or |
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a municipality or a private vendor operating a correctional |
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facility under a contract with a [county under Subchapter F,
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Chapter 351, Local Government Code, or a] municipality under |
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Subchapter E, Chapter 361, Local Government Code, that enters into |
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a contract with any entity to house in this state inmates convicted |
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of offenses committed against the laws of another state of the |
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United States must require as a condition of the contract that each |
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inmate to be released from custody must be released in the sending |
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state. |
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SECTION 3. Sections 511.0092(a) and (h), Government Code, |
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are amended to read as follows: |
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(a) The only entities other than the state that are |
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authorized to operate a correctional facility to house in this |
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state inmates convicted of offenses committed against the laws of |
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another state of the United States are: |
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(1) a county or municipality; and |
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(2) a private vendor operating a correctional facility |
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under a contract with a county under former Subchapter F, Chapter |
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351, Local Government Code, as it existed on January 1, 2009, or a |
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municipality under Subchapter E, Chapter 361, Local Government |
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Code. |
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(h) Notwithstanding the provisions of Chapter 252[, Chapter
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262, Subchapter F, Chapter 351,] or Subchapter E, Chapter 361, |
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Local Government Code, the governing body of a municipality [or a
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county commissioners court] may enter into a contract with a |
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private vendor to provide professional services under this section |
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if the commission reviews and approves the private vendor's |
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qualifications to provide such services and the terms of the |
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proposed contract comply with this section. |
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SECTION 4. Section 89.001(2), Health and Safety Code, is |
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amended to read as follows: |
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(2) "County jail" means a facility operated by or for a |
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county for the confinement of persons accused or convicted of an |
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offense and includes: |
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(A) a facility operated by or for a county for the |
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confinement of persons accused or convicted of an offense; |
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(B) a county jail or a correctional facility |
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authorized under former [by] Subchapter F, Chapter 351, Local |
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Government Code, as it existed on January 1, 2009; and |
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(C) a county correctional center authorized by |
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Subchapter H, Chapter 351, Local Government Code. |
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SECTION 5. Subchapter F, Chapter 351, Local Government |
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Code, is repealed. |
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SECTION 6. The change in law made by this Act does not apply |
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to a contract executed under Subchapter F, Chapter 351, Local |
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Government Code, or to requirements imposed on a contract executed |
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under Subchapter F, Chapter 351, Local Government Code, by Section |
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495.024 or 511.0092(h), Government Code, before the effective date |
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of this Act. A contract executed under Subchapter F, Chapter 351, |
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Local Government Code, or requirements imposed on a contract |
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executed under Subchapter F, Chapter 351, Local Government Code, by |
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Section 495.024 or 511.0092(h), Government Code, before the |
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effective date of this Act are governed by the law in effect on the |
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date the contract was executed, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |