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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to contract with a |
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private 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 commissioners |
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court may not award a contract under this section unless the |
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commissioners court requests proposals by public notice and not |
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less than 30 days from such notice receives a proposal that meets or |
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exceeds the requirements specified in the request for proposals. |
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Before the commissioners court of a county enters into a contract |
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under this section, the commissioners court of the county must |
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receive the written approval of the sheriff of the county, which |
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written approval shall not be unreasonably withheld[, or if the
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county has a population of 2.8 million or more:
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[(1)
consult with the sheriff regarding the
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feasibility of ensuring that all services provided under the
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contract are required to meet or exceed standards set by the
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Commission on Jail Standards; or
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[(2)
receive the written approval of the sheriff of
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the county, which written approval shall not be unreasonably
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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, 2015. |