Bill Text: TX HB4145 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to salaries for staff of a private vendor contracting with the Texas Board of Criminal Justice for the operation, maintenance, or management of a correctional facility.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-24 - Left pending in committee [HB4145 Detail]

Download: Texas-2023-HB4145-Introduced.html
  88R3908 MZM-F
 
  By: Clardy H.B. No. 4145
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to salaries for staff of a private vendor contracting with
  the Texas Board of Criminal Justice for the operation, maintenance,
  or management of a correctional facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 495.003(c), Government Code, is amended
  to read as follows:
         (c)  In addition to meeting the requirements specified in the
  requests for proposals, a proposal must:
               (1)  provide for regular, on-site monitoring by the
  institutional division;
               (2)  acknowledge that payment by the state is subject
  to the availability of appropriations;
               (3)  provide for payment of a maximum amount per
  biennium;
               (4)  offer a level and quality of programs at least
  equal to those provided by state-operated facilities that house
  similar types of inmates and at a cost that provides the state with
  a savings of not less than 10 percent of the cost of housing inmates
  in similar facilities and providing similar programs to those types
  of inmates in state-operated facilities;
               (5)  permit the state to terminate the contract for
  cause, including as cause the failure of the private vendor or
  county to meet the conditions required by this subchapter and other
  conditions required by the contract;
               (6)  provide that cost adjustments may be made only
  once each fiscal year, to take effect at the beginning of the next
  fiscal year;
               (7)  have an initial contract term of not more than
  three years, with an option to renew for additional periods of two
  years;
               (8)  if the proposal includes construction of a
  facility, contain a performance bond approved by the board that is
  adequate and appropriate for the proposed contract;
               (9)  provide for assumption of liability by the private
  vendor or county for all claims arising from the services performed
  under the contract by the private vendor or county;
               (10)  provide for an adequate plan of insurance for the
  private vendor or county and its officers, guards, employees, and
  agents against all claims, including claims based on violations of
  civil rights arising from the services performed under the contract
  by the private vendor or county;
               (11)  provide for an adequate plan of insurance to
  protect the state against all claims arising from the services
  performed under the contract by the private vendor or county and to
  protect the state from actions by a third party against the private
  vendor or county, its officers, guards, employees, and agents as a
  result of the contract;
               (12)  provide plans for the purchase and assumption of
  operations by the state in the event of the bankruptcy of the
  private vendor or inability of the county to perform its duties
  under the contract; [and]
               (13)  contain comprehensive standards for conditions
  of confinement; and
               (14)  if the proposal is submitted by a private vendor
  for the operation, maintenance, or management of a secure
  correctional facility, provide that:
                     (A)  salaries of staff at the facility are not
  less than 90 percent of salaries of similarly situated staff
  members at state-operated facilities; and
                     (B)  salary increases are provided to staff at the
  facility at similar intervals to those of similarly situated staff
  members at state-operated facilities.
         SECTION 2.  The change in law made by this Act applies only
  to a contract for which the request for proposals is issued on or
  after the effective date of this Act.  A contract for which the
  request for proposals is issued before the effective date of this
  Act is governed by the law in effect on the date the request for
  proposals was issued, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
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