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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to contract with a private |
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vendor for the operation of a detention facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. 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. The |
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commissioners court may not award a contract under this section |
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unless the commissioners court requests proposals by public notice |
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and not less than 30 days from such notice receives a proposal that |
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meets or exceeds the requirements specified in the request for |
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proposals. Before the commissioners court of a county enters into a |
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contract under this section, the commissioners court of the county |
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must receive the written approval of the sheriff of the county, |
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which written approval shall not be unreasonably withheld, or if |
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the county has a population of 2.8 million or more: |
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(1) consult with the sheriff regarding the feasibility |
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of ensuring [ensure] that all services provided under the contract |
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are required to meet or exceed standards set by the Commission on |
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Jail Standards; or |
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(2) receive the written approval of the sheriff of the |
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county, which written approval shall not be unreasonably withheld. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract entered into on or after the effective date of this |
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Act. A contract entered into before the effective date of this Act |
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is governed by the law in effect when the contract was entered into, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. 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, 2013. |
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