87R22284 BDP-D

By: Canales, Burrows, Leach, Moody, White, H.B. No. 1971

et al.

A BILL TO BE ENTITLED

AN ACT

relating to the purchase and installation of climate control systems at facilities operated by the Texas Department of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) In this section:

(1) "Department" means the Texas Department of Criminal Justice.

(2) "Required temperature-controlled area" means the following areas of a facility operated by the department:

(A) hospitals;

(B) visiting areas;

(C) housing or dormitory areas;

(D) trustee areas;

(E) areas used for medical treatment or care, including areas used for dispensing medication to inmates;

(F) kitchens or dining areas;

(G) food preparation areas;

(H) community areas, including dayrooms;

(I) laundry areas;

(J) areas used for work stations;

(K) indoor recreational areas, including gymnasiums;

(L) restroom and shower areas and other areas related to inmate hygiene;

(M) administrative areas;

(N) correctional officer stations, including guard post areas;

(O) commissary areas;

(P) areas used for programmatic, educational, or vocational purposes;

(Q) chapels or churches;

(R) libraries; and

(S) maintenance areas.

(b) The department shall:

(1) contract with a private entity through a competitive bidding process to purchase and install climate control systems at each facility operated by the department that is not currently equipped with a climate control system capable of maintaining the temperature in the required temperature-controlled areas of the facility at not less than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit; and

(2) install the climate control systems in the following phases, with each phase consisting of the installation of climate control systems at approximately one-third of the department's facilities at a cost not to exceed $100 million per phase:

(A) phase one to be completed not later than December 31, 2024;

(B) phase two to be completed not later than December 31, 2026; and

(C) phase three to be completed not later than December 31, 2028.

(c) In conducting the competitive bidding process, the department shall solicit bids for the entire scope of the project, provided that the department may solicit bids for each phase of the project if necessary or beneficial.

(d) In soliciting bids and determining the requirements for the phased implementation of the project, the department shall:

(1) prioritize the efficient use of state resources; and

(2) consider factors such as:

(A) the type of climate control systems needed for each facility, including the architectural design of each facility;

(B) the ability of any existing climate control systems in each facility to maintain the air temperature in the required temperature-controlled areas of the facility at not less than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit;

(C) the comparable abilities of different climate control systems to maintain the temperature described by Paragraph (B) of this subdivision, including the total cellblock or dormitory square footage each system is capable of maintaining at that temperature; and

(D) the use of inmate labor to decrease costs.

SECTION 2. This Act expires January 1, 2031.

SECTION 3. (a) The Texas Department of Criminal Justice is required to implement a provision of this Act only if:

(1) the legislature allocates available federal funds specifically for that purpose; or

(2) the legislature specifically appropriates state funds to the department for the purpose of implementing a provision of this Act.

(b) Except as provided by Subsection (a)(2) of this section, the Texas Department of Criminal Justice may not implement a provision of this Act using state funds.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.