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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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organization 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 351.101, Local Government Code, is |
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amended to read as follows: |
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Sec. 351.101. AUTHORITY TO CONTRACT. (a) Except as |
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provided by Subsections (b) and (c), the [The] commissioners court |
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of a county, with the approval of the sheriff of the county, may |
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contract with a private organization to place inmates in a |
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detention facility operated by the organization. |
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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. A contract made in |
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violation of this subsection [section] is void. |
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(c) In a county that has adopted Chapter 174, the |
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commissioners court of the county may not contract with a private |
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organization to place inmates in a detention facility operated by |
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the organization unless the county is granted the authority to |
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enter into such a contract in a collective bargaining agreement |
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entered into between the county and the employees of the sheriff's |
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department under Chapter 174. A contract made in violation of this |
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subsection is void. |
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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 September 1, 2009. |