Bill Text: TX HB105 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas House Bill 105 (Prior Session Legislation)

Introduced

Bill Title: Relating to the modernization of correctional facilities operated by the Texas Department of Criminal Justice.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2021-09-23 - Filed [HB105 Detail]

Download: Texas-2021-HB105-Introduced.html

	87S30157 BDP-D

	By: White	H.B. No. 105



	A BILL TO BE ENTITLED
	AN ACT
	relating to the modernization of correctional facilities operated
	by the Texas Department of Criminal Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 495.001(a), Government Code, is amended
	to read as follows:
	(a) The board may contract with a private vendor or with the
	commissioners court of a county for the financing, construction,
	operation, maintenance, or management of a secure correctional
	facility, including entering into a contract with a private vendor
	under which the vendor will construct the facility and lease the
	facility to the board for use by the department.
	SECTION 2. (a) In this section:
	(1) "Board" means the Texas Board of Criminal Justice.
	(2) "Build-to-lease contract" means a contract
	between the board and a private vendor under which the private
	vendor constructs a secure correctional facility and leases the
	facility to the board for use by the department.
	(3) "Department" means the Texas Department of
	Criminal Justice.
	(b) The department shall conduct a study to identify changes
	needed to modernize the correctional facilities operated by the
	department. In conducting the study, the department shall
	consider:
	(1) any change or method that would modernize a
	facility, including any change or method that would result in:
	(A) decreased deferred maintenance costs;
	(B) improved energy efficiency;
	(C) efficient use of staff and other resources;
	and
	(D) increased availability of funds to be used by
	the department to:
	(i) provide criminal justice programs;
	(ii) pay the costs of health care provided
	to inmates; and
	(iii) increase compensation to
	correctional officers; and
	(2) the use of build-to-lease contracts for any new
	facilities necessary to meet the department's needs.
	(c) Not later than June 1, 2022, the board and the
	department, as applicable, shall begin to implement any changes
	identified under Subsection (b) of this section to modernize the
	department's facilities.
	(d) Notwithstanding any other law, any facility constructed
	under a build-to-lease contract and the contract, as applicable,
	must comply with the following requirements:
	(1) the contract must require the private vendor to
	maintain the facility;
	(2) the department must retain control over the
	operational aspects of the facility, including security, health
	care for inmates, and food service;
	(3) the construction of the facility, after accounting
	for any repurposing of existing facilities for non-correctional
	uses, may not result in an increase in the total maximum capacity of
	all facilities operated by the department;
	(4) the facility must comply with the American
	Correctional Association standards for secure facilities;
	(5) the design of the facility must:
	(A) enhance the health and safety of correctional
	officers, staff members, and inmates in the facility;
	(B) facilitate the rehabilitation and
	reintegration of inmates; and
	(C) be consistent with any applicable provision
	in Subtitle G, Title 4, Government Code, including any provision
	regarding incarcerated women;
	(6) the department and the private vendor shall
	consider the use of inmate labor for the purpose of allowing the
	inmates to gain employment skills and earn a wage; and
	(7) if the board determines it necessary to name a
	facility constructed under this section, the name of the facility
	must commemorate a resident of this state who:
	(A) died as a result of a personal injury
	sustained in the line of duty as a correctional officer; or
	(B) made significant contributions to the public
	safety of this state.
	(e) In conducting the study and implementing the changes
	identified in the study, the board and the department, as
	applicable, shall consult with the following:
	(1) the Correctional Managed Health Care Committee;
	(2) the Windham School District;
	(3) a chaplain under contract with the department;
	(4) correctional officers;
	(5) social scientists with specializations in
	corrections; and
	(6) any other relevant stakeholder as determined by
	the board or department.
	(f) The governor shall establish the Texas Prison
	Repurposing Commission to evaluate existing facilities operated by
	the department and provide advice and recommendations to the board
	regarding which facilities should be:
	(1) retained and renovated or repurposed for continued
	use by the department; or
	(2) repurposed for use by another state agency or the
	private sector.
	(g) In appointing members to the Texas Prison Repurposing
	Commission, the governor shall ensure the commission includes:
	(1) members of the legislature;
	(2) representatives of counties and municipalities;
	and
	(3) members of the public.
	(h) This section expires January 1, 2027.
	SECTION 3. 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 on the 91st day after the last day of the
	legislative session.