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A BILL TO BE ENTITLED
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AN ACT
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relating to temporarily holding certain arrested persons in |
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municipal jails. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 351, Local Government |
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Code, is amended by adding Section 351.0031 to read as follows: |
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Sec. 351.0031. HOLDING CERTAIN ARRESTED PERSONS IN |
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MUNICIPAL JAILS. (a) In this section, "municipal jail" means a |
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jail operated by a municipality or by a private vendor under |
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contract with a municipality. |
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(b) The commissioners court of a county with a population of |
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10,000 or less may contract with the governing body of a |
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municipality to hold an arrested person in the municipal jail for a |
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period not to exceed 72 hours after the person's arrest. |
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(c) The contract must require the county to pay to the |
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municipality a daily per capita rate equal to the cost of |
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maintaining an arrested person in the municipal jail or a daily rate |
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on which the parties agree. |
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(d) It is not a violation of this subchapter for a county |
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that contracts with a municipality in accordance with this section |
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to hold arrested persons in a municipal jail that does not comply |
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with the standards, rules, and procedures established under this |
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subchapter. |
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(e) Notwithstanding Section 351.015, the Commission on Jail |
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Standards may not inspect or regulate a municipal jail that holds an |
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arrested person for a county under a contract authorized by this |
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section. |
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SECTION 2. This Act takes effect September 1, 2013. |