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A BILL TO BE ENTITLED
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AN ACT
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relating to county contracts with private entities for jail |
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facilities; providing a penalty. |
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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) The commissioners |
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court of a county, with the approval of the sheriff of the county, |
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may 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. |
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(c) Before entering into a contract under this section, the |
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commissioners court shall hold a public hearing in each |
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commissioners precinct to allow the public to make comments |
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regarding the proposed contract. Not later than the 30th day before |
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the date of a hearing, the commissioners court shall publish notice |
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of the time and place of the hearing in a newspaper of general |
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circulation in the county. |
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(d) A contract made in violation of this section is void. |
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SECTION 2. Subchapter F, Chapter 351, Local Government |
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Code, is amended by adding Sections 351.105 and 351.106 to read as |
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follows: |
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Sec. 351.105. PERSONAL BENEFIT PROHIBITED. (a) In this |
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section, "benefit" has the meaning assigned by Section 36.01, Penal |
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Code. |
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(b) A person who is an employee or officer of a county |
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commits an offense if the person accepts a benefit from a private |
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entity that contracts with the county under this subchapter. |
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(c) An offense under this section is a state jail felony. |
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Sec. 351.106. OPEN RECORDS. Information collected, |
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assembled, or maintained by a private entity that is not a |
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governmental body in connection with the operation, maintenance, |
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repair, or construction of a detention facility or related facility |
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operated under contract with the county under this subchapter is |
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subject to Chapter 552, Government Code, in the same manner as |
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information collected, assembled, or maintained by a governmental |
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body, but only if the information is related to the operation, |
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maintenance, repair, or construction of the facility. |
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SECTION 3. The change in law made by this Act applies in |
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relation to information collected, assembled, or maintained |
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before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |