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A BILL TO BE ENTITLED
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AN ACT
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relating to voter approval for certain contracts between political |
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subdivisions and private entities relating to correctional |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 303, Local Government |
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Code, is amended by adding Section 303.0711 to read as follows: |
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Sec. 303.0711. BONDS FOR CORRECTIONAL FACILITIES. (a) In |
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this section, "correctional facility" means a facility for the |
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confinement of a person arrested for, charged with, or convicted of |
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a criminal offense. |
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(b) A corporation may issue or incur bonds under this |
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subchapter to finance, refinance, or provide a correctional |
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facility to be constructed, leased, operated, purchased, |
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maintained, or managed under a contract with a private entity only |
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if the issuance of the bonds is approved by a majority of the voters |
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of the sponsor voting in an election ordered for that purpose. |
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SECTION 2. Section 351.101, Local Government Code, is |
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amended to read as follows: |
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Sec. 351.101. AUTHORITY TO CONTRACT. (a) The |
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commissioners court of a county, with the approval of the sheriff of |
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the county, may contract with a private organization to place |
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inmates in a detention facility operated by the organization only |
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if a majority of the voters of the county approve the contract at an |
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election ordered by the commissioners court for that purpose. |
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(b) The commissioners court may not contract with a private |
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organization in which a member of the court or an elected or |
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appointed peace officer who serves in the county has a financial |
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interest or in which an employee or commissioner of the Commission |
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on Jail Standards has a financial interest. |
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(c) A contract made in violation of this section is void. |
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SECTION 3. Section 351.102, Local Government Code, is |
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amended to read as follows: |
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Sec. 351.102. ADDITIONAL AUTHORITY TO CONTRACT. (a) The |
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commissioners court of a county may contract with a private vendor |
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to provide for the financing, design, construction, leasing, |
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operation, purchase, maintenance, or management of a jail, |
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detention center, work camp, or related facility. |
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(b) The commissioners court may not award a contract under |
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this section unless: |
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(1) a majority of the voters of the county approve the |
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contract at an election ordered by the commissioners court for that |
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purpose; |
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(2) the commissioners court requests proposals by |
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public notice and not less than 30 days from such notice receives a |
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proposal that meets or exceeds the requirements specified in the |
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request for proposals; and |
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(3) [. Before the commissioners court of a county
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enters into a contract under this section,] the commissioners court |
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of the county: |
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(A) receives [must receive] the written approval |
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of the sheriff of the county, which written approval shall not be |
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unreasonably withheld; [,] or |
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(B) if the county has a population of 2.8 million |
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or more: |
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(i) ensures [(1) ensure] that all services |
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provided under the contract are required to meet or exceed |
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standards set by the Commission on Jail Standards; or |
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(ii) receives [(2) receive] the written |
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approval of the sheriff of the county, which written approval shall |
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not be unreasonably withheld. |
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SECTION 4. Section 361.061, Local Government Code, is |
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amended to read as follows: |
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Sec. 361.061. AUTHORITY TO CONTRACT. The governing body of |
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a municipality may contract with a private vendor or a county to |
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provide for the financing, design, construction, leasing, |
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operation, purchase, maintenance, or management of a jail, |
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detention center, work camp, or related facility. Before the |
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governing body of a municipality may enter into a contract with a |
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private vendor under this section, the majority of the voters of the |
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municipality must approve the contract at an election ordered by |
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the governing body for that purpose. |
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SECTION 5. The changes in law made by this Act apply only to |
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bonds issued or contracts entered into on or after the effective |
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date of this Act. Bonds issued or contracts entered into before the |
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effective date of this Act are governed by the law in effect when |
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the bonds were issued or the contracts were entered into, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |