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A BILL TO BE ENTITLED
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AN ACT
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relating to the modernization of correctional facilities operated |
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by the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 495.001(a), Government Code, is amended |
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to read as follows: |
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(a) The board may contract with a private vendor or with the |
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commissioners court of a county for the financing, construction, |
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operation, maintenance, or management of a secure correctional |
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facility, including entering into a contract with a private vendor |
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under which the vendor will construct the facility and lease the |
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facility to the board for use by the department. |
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SECTION 2. (a) In this section: |
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(1) "Board" means the Texas Board of Criminal Justice. |
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(2) "Build-to-lease contract" means a contract |
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between the board and a private vendor under which the private |
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vendor constructs a secure correctional facility and leases the |
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facility to the board for use by the department. |
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(3) "Department" means the Texas Department of |
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Criminal Justice. |
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(b) The department shall conduct a study to identify changes |
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needed to modernize the correctional facilities operated by the |
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department. In conducting the study, the department shall |
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consider: |
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(1) any change or method that would modernize a |
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facility, including any change or method that would result in: |
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(A) decreased deferred maintenance costs; |
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(B) improved energy efficiency; |
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(C) efficient use of staff and other resources; |
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and |
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(D) increased availability of funds to be used by |
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the department to: |
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(i) provide criminal justice programs; |
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(ii) pay the costs of health care provided |
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to inmates; and |
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(iii) increase compensation to |
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correctional officers; and |
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(2) the use of build-to-lease contracts for any new |
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facilities necessary to meet the department's needs. |
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(c) Not later than January 1, 2022, the board and the |
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department, as applicable, shall begin to implement any changes |
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identified under Subsection (b) to modernize the department's |
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facilities. |
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(d) Notwithstanding any other law, any facility constructed |
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under a build-to-lease contract and the contract, as applicable, |
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must comply with the following requirements: |
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(1) the contract must require the private vendor to |
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maintain the facility; |
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(2) the department must retain control over the |
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operational aspects of the facility, including security, health |
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care for inmates, and food service; |
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(3) the construction of the facility, after accounting |
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for any repurposing of existing facilities for non-correctional |
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uses, may not result in an increase in the total maximum capacity of |
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all facilities operated by the department; |
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(4) the facility must comply with the American |
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Correctional Association standards for secure facilities; |
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(5) the design of the facility must: |
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(A) enhance the health and safety of correctional |
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officers, staff members, and inmates in the facility; |
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(B) facilitate the rehabilitation and |
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reintegration of inmates; and |
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(C) be consistent with any applicable provision |
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in Subtitle G, Title 4, Government Code, including any provision |
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regarding incarcerated women; |
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(6) the department and the private vendor shall |
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consider the use of inmate labor for the purpose of allowing the |
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inmates to gain employment skills and earn a wage; and |
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(7) if the board determines it necessary to name a |
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facility constructed under this section, the name of the facility |
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must commemorate a resident of this state who: |
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(A) died as a result of a personal injury |
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sustained in the line of duty as a correctional officer; or |
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(B) made significant contributions to the public |
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safety of this state. |
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(e) In conducting the study and implementing the changes |
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identified in the study, the board and the department, as |
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applicable, shall consult with the following: |
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(1) the Correctional Managed Health Care Committee; |
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(2) the Windham School District; |
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(3) a chaplain under contract with the department; |
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(4) correctional officers; |
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(5) social scientists with specializations in |
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corrections; and |
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(6) any other relevant stakeholder as determined by |
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the board or department. |
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(f) The governor shall establish the Texas Prison |
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Repurposing Commission to evaluate existing facilities operated by |
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the department and provide advice and recommendations to the board |
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regarding which facilities should be: |
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(1) retained and renovated or repurposed for continued |
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use by the department; or |
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(2) repurposed for use by another state agency or the |
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private sector. |
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(g) In appointing members to the Texas Prison Repurposing |
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Commission, the governor shall ensure the commission includes: |
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(1) members of the legislature; |
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(2) representatives of counties and municipalities; |
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and |
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(3) members of the public. |
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SECTION 3. Section 2 of this Act expires January 1, 2027. |
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SECTION 4. 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, 2021. |