CHAPTER 351. COUNTY JAILS AND LAW ENFORCEMENT - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 11. PUBLIC SAFETY

SUBTITLE B. COUNTY PUBLIC SAFETY

CHAPTER 351. COUNTY JAILS AND LAW ENFORCEMENT

SUBCHAPTER A. COUNTY JAIL FACILITIES

Sec. 351.001. DUTY TO PROVIDE JAILS; LOCATION. (a) The

commissioners court of a county shall provide safe and suitable

jails for the county.

(b) The jails must be located at the county seat unless the

county has only one jail, in which case the jail may be located

anywhere in the county at the discretion of the commissioners

court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 64(e), eff. Aug. 28,

1989.

Sec. 351.002. JAIL STANDARDS. The jail standards prescribed by

this subchapter are minimum standards for county jails. Each

county jail must comply with the minimum standards and the rules

and procedures of the Commission on Jail Standards.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.003. EXEMPTION. (a) A county with a population not

large enough to justify building a new county jail or remodeling

an existing county jail in order to comply with the standards in

this subchapter is exempt from this subchapter if the

commissioners court contracts with another county to incarcerate

its prisoners.

(b) The county must contract with the nearest county whose

county jail meets the standards in this subchapter.

(c) The county shall pay to the other county a daily per capita

rate equal to the cost of maintaining its prisoners in the county

jail or a daily rate on which the counties agree.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.0035. TEMPORARY HOUSING. (a) On request of the

sheriff and the commissioners court of a county, the Commission

on Jail Standards shall authorize a county to house a prisoner in

a tent or other facility that is not a county jail.

(b) The Commission on Jail Standards shall adopt rules that

govern the temporary housing of prisoners, including a specific

requirement for:

(1) the classification and separation of prisoners;

(2) the supervision of prisoners;

(3) safety, sanitation, and health;

(4) the structure and maintenance of the facility;

(5) the provision of bunks or sleeping areas for prisoners or

other furnishings for the facility;

(6) the space and capacity in the facility; and

(7) the enforcement of a rule the commission adopts under this

subsection.

(c) A rule adopted under Subsection (b) must be consistent with

the jail standards imposed by or adopted under other provisions

of this subchapter unless the Commission on Jail Standards

determines compliance is not practicable or reasonable.

Added by Acts 1993, 73rd Leg., ch. 145, Sec. 1, eff. May 15,

1993.

Sec. 351.0036. HOUSING OF CORRECTIONAL PROGRAM PARTICIPANTS.

(a) Notwithstanding the requirements of Section 351.0035, the

Commission on Jail Standards is hereby authorized to adopt rules

governing the temporary housing of prisoners in connection with

specific correctional programs which include work camps,

wilderness camps, forestry camps, or boot camps.

Added by Acts 1993, 73rd Leg., ch. 145, Sec. 2, eff. May 15,

1993.

Sec. 351.004. STRUCTURAL AND MAINTENANCE REQUIREMENTS. A county

jail must be:

(1) structurally sound;

(2) fire resistant;

(3) properly ventilated, heated, and lighted; and

(4) kept in good repair.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.007. SPACE REQUIREMENTS. (a) A county jail cell

designed for one person only must have a clear floor area of 40

square feet or more.

(b) Any other housing area or day room in a county jail must

have a clear floor area of 18 square feet or more for each

prisoner to be confined in the area or room.

(c) The ceiling height above the finished floor in a cell,

compartment, dormitory, or day room in a county jail in which

prisoners are confined must be eight feet or more.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 952, Sec. 1, eff. Sept. 1,

1999.

Sec. 351.008. ACCESS TO DAY ROOM. A cell, compartment, or

dormitory used in a county jail for sleeping purposes and

designed to accommodate three or more prisoners must be

accessible to a day room to which the prisoners may be given

access during the day.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.009. SAFETY VESTIBULE. (a) To provide safety to

officers and security, entrance to and exit from a cell block or

a group of cells or compartments used to confine three or more

prisoners in a county jail must be through a safety vestibule.

(b) A safety vestibule must have one or more interior doors in

addition to the main outside entrance door to the cell block or

group of cells or compartments. All the interior doors must be

designed to be locked, unlocked, opened, and closed by a means

located outside the cell block or group of cells or compartments.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.010. SANITATION AND HEALTH REQUIREMENTS. A county jail

must be:

(1) provided with safe water in ample quantity;

(2) provided with sewage disposal facilities in accordance with

good sanitation standards;

(3) provided with food prepared and served in a palatable and

sanitary manner according to good dietary practices and of

sufficient quality to maintain good health; and

(4) maintained in a clean and sanitary condition in accordance

with standards of sanitation and health.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.011. FURNISHINGS OF CELLS, COMPARTMENTS, AND

DORMITORIES. (a) A county jail cell designed for one prisoner

only must have a toilet, a combination sink and drinking

fountain, a table, and a seat.

(b) A housing area designed for three or more prisoners must

have one toilet and one combination sink and drinking fountain

for every eight prisoners to be confined in the area.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 952, Sec. 2, eff. Sept. 1,

1999.

Sec. 351.012. FURNISHINGS OF DAY ROOMS. (a) A day room

designed in a county jail for three or more prisoners must have:

(1) for every eight prisoners to be confined in the room, one

toilet and one combination sink and drinking fountain; and

(2) for every 12 prisoners to be confined in the room, one

shower.

(b) A day room must be suitably furnished.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 952, Sec. 3, eff. Sept. 1,

1999.

Sec. 351.013. BUNKS. (a) A cell, compartment, or dormitory in

a county jail must have for each prisoner one bunk that is not

less than two feet, three inches wide and not less than six feet,

three inches long.

(b) Each bunk must have a clean, comfortable mattress and enough

clean blankets for the prisoner's comfort.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.014. HOLDING INSANE PERSONS. (a) A person suspected

to be or adjudged insane may not be held in a county jail unless

the person:

(1) demonstrates homicidal tendencies; and

(2) must be restrained from committing acts of violence against

other persons.

(b) A person requiring restraint under this section may be held

in a county jail for not more than 24 hours. The person shall be

kept under observation at all times.

(c) At the end of the 24-hour period, the person shall be

released or taken to a hospital or mental hospital.

(d) A person held under this section shall be kept in a special

enclosure or room for that purpose. The special enclosure or room

must have:

(1) a clear floor area of 40 square feet or more;

(2) a ceiling height above the floor of eight feet or more; and

(3) a soft covering on the floor and walls, designed to protect

a violent person from self-injury or destruction.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 952, Sec. 4, eff. Sept. 1,

1999.

Sec. 351.015. ENFORCEMENT. This subchapter is enforceable by

the Commission on Jail Standards.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. INTERCOUNTY COOPERATION FOR JAIL FACILITIES

Sec. 351.031. CONTRACT. (a) The commissioners courts of two or

more counties may contract with each other for the joint

operation of a jail to serve the counties.

(b) The contract may provide for the construction or acquisition

of a facility or for the use of an existing facility.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.032. LOCATION OF FACILITY. A joint facility is not

required to be located at the county seat of one of the counties.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.033. FINANCING. A county whose share of capital

expenditures under the contract includes costs of acquiring land

or acquiring, constructing, enlarging, or improving a joint

facility may use any method of financing that share that would be

available to the county if it operated its own jail, including

issuing general obligation bonds or other evidences of

indebtedness as provided by law.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.034. ADMINISTRATOR. (a) The sheriff of the county in

which the jail is located shall serve as administrator of the

jail.

(b) The sheriff may decline to serve as administrator by filing

a written statement with the commissioners court of that county.

(c) If the sheriff declines to serve as administrator, the

commissioners courts of the contracting counties shall jointly

appoint a jail administrator. Until an individual is appointed

and assumes the duties of jail administrator, the sheriff shall

serve as administrator of the jail.

(d) If there is a vacancy in the position of jail administrator,

the sheriff shall serve as administrator of the jail until a new

jail administrator is appointed and assumes the position.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.035. DUTIES. The sheriff or jail administrator has all

the powers, duties, and responsibilities with regard to keeping

prisoners and operating the jail that are given by law to the

sheriff in a county operating its own jail.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. OPERATION OF COUNTY JAILS

Sec. 351.041. SHERIFF. (a) The sheriff of each county is the

keeper of the county jail. The sheriff shall safely keep all

prisoners committed to the jail by a lawful authority, subject to

an order of the proper court.

(b) The sheriff may appoint a jailer to operate the jail and

meet the needs of the prisoners, but the sheriff shall continue

to exercise supervision and control over the jail.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.0415. COMMISSARY OPERATION BY SHERIFF OR PRIVATE

VENDOR. (a) The sheriff of a county or the sheriff's designee,

including a private vendor operating a detention facility under

contract with the county, may operate, or contract with another

person to operate, a commissary for the use of the inmates

committed to the county jail or to a detention facility operated

by the private vendor, as appropriate. The commissary must be

operated in accordance with rules adopted by the Commission on

Jail Standards.

(b) The sheriff or the sheriff's designee:

(1) has exclusive control of the commissary funds;

(2) shall maintain commissary accounts showing the amount of

proceeds from the commissary operation and the amount and purpose

of disbursements made from the proceeds; and

(3) shall accept new bids to renew contracts of commissary

suppliers every five years.

(c) The sheriff or the sheriff's designee may use commissary

proceeds only to:

(1) fund, staff, and equip a program addressing the social needs

of the inmates, including an educational or recreational program

and religious or rehabilitative counseling;

(2) supply inmates with clothing, writing materials, and hygiene

supplies;

(3) establish, staff, and equip the commissary operation and

fund the salaries of staff responsible for managing the inmates'

commissary accounts;

(4) fund, staff, and equip both an educational and a law library

for the educational use of inmates; or

(5) fund physical plant improvements, technology, equipment,

programs, services, and activities that provide for the

well-being, health, safety, and security of the inmates and the

facility.

(d) For a jail under the supervision of the sheriff, at least

once each county fiscal year, or more often if the commissioners

court desires, the auditor shall, without advance notice, fully

examine the jail commissary accounts. The auditor shall verify

the correctness of the accounts and report the findings of the

examination to the commissioners court of the county at its next

term beginning after the date the audit is completed.

(e) A private vendor operating a detention facility under

contract with the county shall ensure that the facility

commissary accounts are annually examined by an independent

auditor.

(f) When entering into a contract under Subsection (a), the

sheriff or the sheriff's designee shall consider the following:

(1) whether the contract should provide for a fixed rate of

return combined with a sales growth incentive;

(2) the menu items offered by the provider and the price of

those items;

(3) the value, as measured by a best value standard, and

benefits to inmates and the commissary, as offered by the

provider;

(4) safety and security procedures to be performed by the

provider; and

(5) the performance record of the provider, including service

availability, reliability, and efficiency.

(g) Commissary proceeds may be used only for the purposes

described in Subsection (c). A commissioners court may not use

commissary proceeds to fund the budgetary operating expenses of a

county jail.

Added by Acts 1989, 71st Leg., ch. 980, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 578, Sec. 2, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 913, Sec. 1, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 55, Sec. 1, eff. Sept. 1,

1995; Acts 1999, 76th Leg., ch. 1005, Sec. 1, eff. Aug. 30, 1999;

Acts 2001, 77th Leg., ch. 1057, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 31, eff. September 1, 2005.

Sec. 351.04155. COMMISSARY OPERATION BY SHERIFF IN CERTAIN

COUNTIES. (a) This section applies only to a county that:

(1) has a population of one million or more;

(2) has two municipalities with a population of 200,000 or more;

and

(3) is adjacent to a county with a population of one million or

more.

(b) The county is subject to Section 351.0415, except:

(1) Section 351.0415(b)(1) does not apply to the sheriff of the

county;

(2) new bids to renew contracts under Section 351.0415(b)(3) are

subject to the approval of the commissioners court of the county;

(3) the sheriff may not make a disbursement from the commissary

proceeds unless the sheriff receives approval for the

disbursement from the commissioners court of the county; and

(4) the sheriff shall provide to the commissioners court of the

county each contract the sheriff makes under this section

relating to the commissary and shall provide the contract within

10 days after the date the contract is made.

(c) A purchase made by the sheriff using commissary proceeds is

subject to the competitive purchasing procedures contained in

Subchapter C, Chapter 262. For the purpose of complying with

that subchapter, a reference in that subchapter to "commissioners

court" means the sheriff and a reference to "the county official

who makes purchases for the county" means the sheriff or the

sheriff's designee.

Added by Acts 2001, 77th Leg., ch. 1057, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 32, eff. September 1, 2005.

Sec. 351.042. JAIL ADMINISTRATOR IN BEXAR COUNTY. The

Commissioners Court of Bexar County may appoint a jail

administrator who shall exercise all power, supervision, and

control over the jail, including the duties imposed by law on the

sheriff with respect to the jail.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.043. FEDERAL PRISONERS. (a) The sheriff or jailer may

receive into the county jail a federal prisoner delivered by a

federal law enforcement officer unless the sheriff or jailer

determines that receipt of the prisoner may violate a state or

federal court order, a statute, or a rule of the Commission on

Jail Standards or the Texas Board of Criminal Justice.

(b) The sheriff or jailer shall safely keep the prisoner until

the prisoner is transferred or discharged by due course of law.

(c) The federal law enforcement officer on whose authority the

prisoner is received and kept is directly and personally liable

to the sheriff or jailer for the jail fees and other costs

incurred in keeping the prisoner. The fees and costs shall be

estimated according to laws regulating similar fees and costs in

other cases.

(d) In this section, "federal law enforcement officer" has the

meaning assigned by 5 U.S.C. Section 8331(20).

(e) Repealed by Acts 1997, 75th Leg., ch. 259, Sec. 10, eff.

Sept. 1, 1997.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.16,

eff. Aug. 29, 1991; Acts 1997, 75th Leg., ch. 259, Sec. 10, eff.

Sept. 1, 1997.

Sec. 351.044. PRISONER IN ANOTHER COUNTY'S JAIL. A county to

which a prisoner is sent due to the lack of a safe jail in the

sending county as determined by the Commission on Jail Standards

may recover by suit from the sending county the reasonable cost

of keeping the prisoner.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 578, Sec. 3, eff. Sept. 1,

1991.

SUBCHAPTER D. CONTRACTS FOR LAW ENFORCEMENT SERVICES ON FEE BASIS

Sec. 351.061. AUTHORITY TO CONTRACT. To protect the public

interest, the commissioners court of a county may contract with a

nongovernmental association for the provision of law enforcement

services by the county on a fee basis in the geographical area

represented by the association.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.062. FEES. (a) The commissioners court shall

determine the amount of the fee charged by the county. The fees

must recover 100 percent of the cost to the county for supplying

the law enforcement services, including salaries and any

additional expenses the county may incur in providing the

services. If the time of the sheriff or county official who

provides the services is divided between services to the

political subdivision and a nongovernmental association, the

total cost to the association must be so prorated, as provided in

the contract.

(b) The contract must provide for the payment of the fees to the

county. The fees shall be deposited in the general fund of the

county.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.063. SERVICES BY SHERIFF OR COUNTY OFFICIAL. The

commissioners court may request the sheriff of the county or a

county official who has law enforcement authority to provide the

services in the geographical area for which the official was

elected or appointed.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.064. USE OF DEPUTIES. (a) If the sheriff or county

official agrees to provide the services, the sheriff or official

may provide the services by using deputies. The sheriff or county

official retains authority to supervise the deputies who provide

the services and, in an emergency, may reassign the deputies to

duties other than those to be performed under the contract.

(b) A deputy shall perform duties under the contract in the same

manner as if the deputy were performing the duties in the absence

of the contract.

(c) A deputy performing duties under the contract remains a

county employee subject to the same benefits and restrictions as

any other deputy.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.065. REPORTS BY DEPUTIES. A deputy performing duties

under the contract shall submit written copies of any felony

offense report and subsequent copies of investigative reports to

the sheriff and any municipal police department in the county

that serves the area under contract.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.066. DUTIES IN AREA SERVED BY MUNICIPAL POLICE. (a) A

deputy performing duties in an area served by a municipal police

department shall promptly notify the police department of the

deputy's receipt and response to a complaint constituting a

felony offense and on request shall secure and preserve the scene

of the offense for a reasonable time until the arrival of a

representative of the municipal police department.

(b) The county and municipal departments shall cooperate in any

criminal investigation to the greatest degree practical. However,

this section does not prohibit a county or municipal officer from

performing any duties that are required of a peace officer.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.067. MUNICIPAL APPROVAL OF CONTRACT COVERING AREA

WITHIN MUNICIPALITY. (a) If, under a proposed contract, the

county would provide law enforcement services within the

corporate limits of a municipality, the county shall submit a

copy of the proposed contract to the municipality for approval.

(b) The governing body of the municipality, after considering

the individual contract, may disapprove the contract within 30

days after the date the contract is received in the municipal

offices. If the governing body of the municipality approves the

contract or takes no action for the 30 days, the county may enter

into the contract as provided in this subchapter. If the

governing body of the municipality disapproves the contract, the

county may not enter into the contract.

(c) The municipality and its officers and employees are not

liable for any damage caused by the acts of a county official or

employee providing services under the contract within the

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER E. COUNTY PARK RANGERS

Sec. 351.081. ESTABLISHMENT IN POPULOUS COUNTIES. The

commissioners court of a county with a population of more than

3.3 million or a county that borders the Gulf of Mexico may

establish a department of county park rangers.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 277, Sec. 1, eff. June 14,

1989; Acts 2001, 77th Leg., ch. 669, Sec. 102, eff. Sept. 1,

2001.

Sec. 351.082. APPOINTMENT OF CHIEF. The commissioners court

shall appoint the county sheriff or other qualified person as

chief of the department. The chief shall administer the

department under the supervision of the commissioners court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 351.083. LAW ENFORCEMENT SERVICES IN COUNTY PARKS. The

department shall provide law enforcement services within the

county parks of the county and, in a county that borders the Gulf

of Mexico, in the unincorporated areas of the county that are

located on an island or isthmus.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 277, Sec. 2, eff. June 14,

1989.

Sec. 351.084. STAFF; AUTHORITY AS PEACE OFFICERS. (a) To carry

out the functions of the department, the chief shall employ

county park rangers as peace officers and shall employ

administrative staff in numbers approved by the commissioners

court.

(b) The county park rangers have the same law enforcement

authority that is given by law to deputy sheriffs except that the

law enforcement jurisdiction of rangers is limited to the county

parks of the county and, in a county that borders the Gulf of

Mexico, to the unincorporated areas of the county that are

located on an island or isthmus.

(c) The law of this state applying to deputy sheriffs applies,

to the extent practicable, to county park rangers.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 277, Sec. 3, eff. June 14,

1989.

SUBCHAPTER F. COUNTY CONTRACT WITH PRIVATE ENTITY FOR JAIL

FACILITIES

Sec. 351.101. AUTHORITY TO CONTRACT. The commissioners court of

a county, with the approval of the sheriff of the county, may

contract with a private organization to place inmates in a

detention facility operated by the organization. The

commissioners court may not contract with a private organization

in which a member of the court or an elected or appointed peace

officer who serves in the county has a financial interest or in

which an employee or commissioner of the Commission on Jail

Standards has a financial interest. A contract made in violation

of this section is void.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28,

1989. Amended by Acts 1999, 76th Leg., ch. 952, Sec. 5, eff.

Sept. 1, 1999.

Sec. 351.102. ADDITIONAL AUTHORITY TO CONTRACT. The

commissioners court of a county may contract with a private

vendor to provide for the financing, design, construction,

leasing, operation, purchase, maintenance, or management of a

jail, detention center, work camp, or related facility. The

commissioners court may not award a contract under this section

unless the commissioners court requests proposals by public

notice and not less than 30 days from such notice receives a

proposal that meets or exceeds the requirements specified in the

request for proposals. Before the commissioners court of a county

enters into a contract under this section, the commissioners

court of the county must receive the written approval of the

sheriff of the county, which written approval shall not be

unreasonably withheld, or if the county has a population of 2.8

million or more:

(1) ensure that all services provided under the contract are

required to meet or exceed standards set by the Commission on

Jail Standards; or

(2) receive the written approval of the sheriff of the county,

which written approval shall not be unreasonably withheld.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28,

1989. Amended by Acts 1989, 71st Leg., ch. 479, Sec. 2, eff. Aug.

28, 1989; Acts 1995, 74th Leg., ch. 318, Sec. 73, eff. Sept. 1,

1995.

Sec. 351.103. CONTRACT REQUIREMENTS. A contract made under

Section 351.102 must:

(1) if the contract includes operation or management of the

facility by the private vendor, require the private vendor to

operate the facility in compliance with minimum standards adopted

by the Commission on Jail Standards and receive and retain a

certification of compliance from the commission;

(2) if the contract includes operation or management of the

facility by the private vendor, provide for regular, on-site

monitoring by the sheriff;

(3) if the contract includes construction, require a performance

bond approved by the commissioners court that is adequate and

appropriate for the proposed construction contract;

(4) provide for assumption of liability by the private vendor

for all claims arising from the services performed under the

contract by the private vendor;

(5) if the contract includes operation or management of the

facility by the private vendor, provide for an adequate plan of

insurance for the private vendor 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;

(6) if the contract includes operation or management of the

facility by the private vendor, provide for a plan for the

purchase and assumption of operations by the county in the event

of the bankruptcy of the private vendor;

(7) if the contract includes operation or management of the

facility by the private vendor and if the contract involves

conversion of an existing county facility to private vendor

operation, require the private vendor to give preferential

consideration in hiring to employees at the existing facility who

meet or exceed the company's qualifications and standards for

employment in available positions;

(8) if the contract includes operation or management of the

facility by the private vendor, require the private vendor to

provide health care benefits comparable to that of the county;

(9) provide for an adequate plan of insurance to protect the

county against all claims arising from the services performed

under the contract by the private vendor and to protect the

county from actions by a third party against the private vendor,

its officers, guards, employees, and agents as a result of the

contract; and

(10) if the contract includes operation or management of the

facility by the private vendor, contain comprehensive standards

for conditions of confinement.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28,

1989. Amended by Acts 1989, 71st Leg., ch. 479, Sec. 3, eff. Aug.

28, 1989; Acts 1999, 76th Leg., ch. 1299, Sec. 1, eff. June 18,

1999.

Sec. 351.1035. DISADVANTAGED BUSINESSES. (a) In this section,

"disadvantaged business" means:

(1) a corporation formed for the purpose of making a profit in

which at least 51 percent of all classes of the shares of stock

or other equitable securities are owned by one or more persons

who are socially disadvantaged because of their identification as

members of certain groups, including black Americans, Hispanic

Americans, women, Asian Pacific Americans, and American Indians,

who have suffered the effects of discriminatory practices or

similar insidious circumstances over which they have no control;

(2) a sole proprietorship for the purpose of making a profit

that is 100 percent owned, operated, and controlled by a person

described by Subdivision (1) of this subsection;

(3) a partnership for the purpose of making a profit in which 51

percent of the assets and interest in the partnership is owned by

one or more persons described by Subdivision (1) of this

subsection. Those persons must have a proportionate interest in

the control, operation, and management of the partnership's

affairs;

(4) a joint venture in which each entity in the joint venture is

a disadvantaged business under this subsection; or

(5) a supplier contract between a disadvantaged business under

this subsection and a prime contractor under which the

disadvantaged business is directly involved in the manufacture or

distribution of the supplies or materials or otherwise warehouses

and ships the supplies.

(b) It is the goal of the legislature that disadvantaged

businesses, as defined in this section, be given full and

complete access to the process whereby contracts are let under

this subchapter. It is also an intent of the legislature that the

county and general contractor shall take into consideration

participation of disadvantaged businesses having their home

offices located in this state when awarding contracts.

(c) It is the intent of the legislature that the county shall:

(1) develop guidelines targeted to disadvantaged businesses in

order to inform them fully about the county's contracting and

procurement processes and the requirements for their

participation in those processes;

(2) develop guidelines to inform disadvantaged businesses of

opportunities with the county, including, but not limited to,

specific opportunities to submit bids and proposals. Steps that

may be appropriate in certain circumstances include mailing

requests for proposals or notices inviting bids to all

disadvantaged businesses in the county who have requested the

county procurement office to place the business on a mailing

list;

(3) require prime contractors, as part of their responses to

requests for proposals or bids, to make a specific showing of how

they intend to utilize participation by disadvantaged businesses

as subcontractors;

(4) identify disadvantaged businesses in the county that provide

or have the potential to provide supplies, materials, services,

and equipment to the county; and

(5) identify barriers to participation by disadvantaged

businesses in the county's contracting and procurement processes,

such as bonding, insurance, and working capital requirements that

may be imposed on businesses.

Added by Acts 1989, 71st Leg., ch. 479, Sec. 4, eff. Aug. 28,

1989.

Sec. 351.104. SOVEREIGN IMMUNITY INAPPLICABLE. A private vendor

operating under a contract authorized by Section 351.102 is not

entitled to claim sovereign immunity in a suit arising from the

services performed under the contract by the private vendor.

However, this section does not deprive the private vendor or the

county of any benefits of any law limiting exposure to liability,

setting a limit on damages, or establishing defenses to

liability.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28,

1989.

SUBCHAPTER G. JAIL DISTRICT

Sec. 351.121. DEFINITIONS. In this subchapter:

(1) "Board" means the board of directors of the district.

(2) "Cooperating county" means a county that has contracted with

one or more other counties for the joint operation of a jail

facility under Subchapter B and that has agreed to the creation

of the district.

(3) "Director" means a member of the board.

(4) "District" means a jail district.

(5) "Jail facility" includes a juvenile detention facility.

(6) "Receiving county" means a county in which a jail facility

constructed, acquired, or improved by the district is located and

to which the facility is to be conveyed.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.122. ELIGIBLE COUNTIES; PURPOSE; BOUNDARIES. (a) A

jail district may be created by a county or by two or more

counties that have contracted with one another for the joint

operation of a jail under Subchapter B.

(b) A jail district may be created to finance and effect the

construction, acquisition, or improvement of a jail facility to

serve the county or counties comprising the district.

(c) A district is composed of the area of the county or

cooperating counties that created the district.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.123. PETITION. (a) To create a district, a petition

requesting creation of the district must be filed with the county

clerk's office of each county in the proposed district.

(b) Each petition must be signed by at least 10 percent of the

registered voters in the county in which the petition is filed.

(c) Each petition must be certified as valid by the county clerk

of the county in which the petition is filed. On certification,

the county clerk shall forward the petition to the commissioners

court of that county.

(d) A petition for creation of a district must include:

(1) the name of the proposed district;

(2) an accurate description of the area where the proposed

district is to be located;

(3) a statement of the purpose for which the district is to be

created; and

(4) a request that the district be created.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.124. HEARING. (a) The commissioners court of each

county in the proposed district shall consider the petition for

creation of the district at a public hearing.

(b) Within 10 days after the date a petition for the creation of

a district is filed, the county judge of a county in the proposed

district shall issue an order setting the date of the hearing on

the petition by the commissioners court of that county and shall

endorse the order on the petition or on a paper attached to the

petition.

(c) After the order is issued, the county clerk shall issue

notice of the hearing.

(d) The hearing on a petition for creation of a district must be

held within 45 days after the date the petition is filed with the

county clerk.

(e) A petition may be considered at a regular or a special

meeting of a commissioners court of a county in the proposed

district.

(f) The county clerk of a county in which a petition is filed

shall prepare notice of the hearing that includes a statement of

the purpose for the hearing, a brief description of the location

of the proposed district, and the date, time, and place of the

hearing on the petition.

(g) The county clerk shall publish a copy of the notice in a

newspaper of general circulation in the county once a week for

two consecutive weeks. The first publication must be made before

the 14th day before the date of the hearing.

(h) At the hearing, a person who owns land or resides in the

proposed district may appear and present testimony and evidence

to the commissioners court for or against the creation of the

district.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.125. GRANTING OR DENYING PETITION. (a) Within 10 days

after the date of the conclusion of the hearing, the

commissioners court holding the hearing shall grant the petition

pending approval by the commissioners courts of all other

proposed cooperating counties in the district, if any, if it

appears from the testimony and evidence presented at the hearing

that:

(1) organization of the district is feasible and practicable;

(2) there is a public necessity or need for the district; and

(3) the creation of the district would further the public safety

and welfare.

(b) If the commissioners court is unable to make any one of the

findings required by Subsection (a), the commissioners court

shall refuse to grant the petition's request for creation of the

district.

(c) If a commissioners court of a county in the proposed

district refuses to grant the petition's request for creation of

the district, the district may not be created.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.126. APPOINTMENT OF TEMPORARY DIRECTORS. (a) If the

commissioners courts of all counties in the proposed district

grant the petition's request for creation of the district, the

commissioners court of the county with the greatest population

shall appoint three temporary directors and the commissioners

court of each other county in the proposed district shall appoint

two temporary directors who shall serve until their successors

are elected and have qualified for office.

(b) Within 15 days after the date of appointment, each director

shall take the oath of office.

(c) If a director appointed by a commissioners court fails to

qualify or a vacancy occurs in the office of director, the

commissioners court that appointed that director shall appoint

another person to fill the vacancy for the unexpired term.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.127. CONFIRMATION ELECTION. (a) Within 30 days after

the date all temporary directors have been appointed and have

qualified, the board of a proposed district shall meet and call

an election to be held within the boundaries of the proposed

district to confirm the creation of the district.

(b) The board shall give notice of the election. The notice must

state the day and places for holding the election and the

proposition to be voted on.

(c) The board shall publish the notice of the election at least

once in a newspaper or newspapers of general circulation in the

area of the proposed district. The notice must be published

before the 30th day before the date set for the election.

(d) The ballot for the election must be printed to provide for

voting for or against the proposition: "The creation of the

___________ (name of each county in the proposed district) Jail

District."

(e) Immediately after the election, the presiding judge of each

polling place shall make returns of the results to the board, and

the board shall canvass the returns and declare the result.

(f) If a majority of the votes cast at the election favor the

creation of the district, the board shall declare that the

district is created and shall enter the results in its minutes.

(g) If a majority of the votes cast at the election are against

the creation of the district, the board is abolished except that

it shall declare that the district was defeated and shall enter

the results in its minutes.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.128. BOND AND TAX PROPOSITION. (a) At an election to

confirm the creation of a district, the board may include a

proposition to approve the issuance of bonds and the levy of a

property tax by the district.

(b) The board must include in any bond and tax proposition the

maximum amount of bonds to be issued, their maximum maturity

date, and the maximum rate of the tax that may be levied.

(c) The proposition to issue bonds and levy a tax must be

included in the same proposition presented to the registered

voters to confirm the creation of the district.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.129. BOARD OF DIRECTORS. (a) The district is governed

by a board of directors composed of three directors from the

county in the district with the greatest population and two

directors from every other county in the district. The board

shall manage and control the district and shall administer and

implement this subchapter.

(b) Directors shall be elected as provided by this subchapter.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.130. METHOD OF ELECTION; STAGGERED TERMS; TERM OF

OFFICE; ELECTION DATE. (a) Two directors shall be elected from

each county in the district, except that three directors shall be

elected from the county in the district with the greatest

population.

(b) At the initial election of directors, the director elected

from each county in the district who receives the higher number

of votes serves for a term of two years, and the other director

or directors serve for a term of one year.

(c) The initial election of directors must be held on the third

Saturday in May of the year following creation of the district.

After the initial election of directors, an election shall be

held in each county in the district on the third Saturday in May

each year and successor directors shall be elected for a two-year

term.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.131. OATH; COMPENSATION; OFFICERS; QUORUM. (a) Each

director shall take the constitutional oath of office.

(b) Each director is entitled to receive compensation in an

annual amount not to exceed the salary of the highest paid county

judge from the counties in the district, as determined by the

commissioners court of the receiving county.

(c) At the first board meeting after the appropriate number of

directors are elected and have qualified for office by taking the

oath, the directors shall select from their number one person to

serve as chairman, one person to serve as vice-chairman, and one

person to serve as secretary. If the district is composed of one

county, the person who serves as vice-chairman shall also perform

the duties of the secretary. The chairman shall preside over

meetings of the board, and in his absence, the vice-chairman

shall preside. The chairman, vice-chairman, and secretary shall

perform the duties and may exercise the powers specifically given

them in this subchapter or in orders of the board.

(d) A majority of the directors constitutes a quorum for the

transaction of business of the district, but no official act of

the board is valid without the affirmative vote of a majority of

the directors.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.132. GENERAL MANAGER; EMPLOYEES. (a) The board shall

employ a general manager to serve as the chief administrative

officer of the district. The board may delegate to the general

manager full authority to manage the affairs of the district

subject only to orders of the board.

(b) The general manager shall execute a bond. The bond must be

in an amount determined by the board, payable to the district,

and conditioned on the faithful performance of the general

manager's duties. The district shall pay for the bond.

(c) The general manager is entitled to receive compensation in

an annual amount not to exceed the salary of the highest paid

county judge from the counties in the district, as provided in

the district's budget.

(d) The general manager shall employ persons necessary for the

proper handling of the business and operation of the district.

(e) The board shall determine the terms of employment of and the

compensation to be paid to those employees.

(f) The general manager or a majority of the directors may

dismiss an employee of the district.

(g) The board shall require each employee who collects, pays, or

handles any funds of the district to furnish a bond. The bond

must be payable to the district, in an amount sufficient to

protect the district from financial loss resulting from actions

of the employee, and conditioned on the faithful performance of

the employee's duties and on accounting for all money and

property of the district in the employee's hands. The district

shall pay for each bond.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.133. DISTRICT OFFICE; MEETINGS; MINUTES; RECORDS; SEAL.

(a) The board shall maintain a main office in the district for

conducting the business of the district. The board shall maintain

any other offices and stations necessary to carry out this

subchapter.

(b) The board shall hold regular meetings at the main office at

least once each month on a date established by rule of the board.

(c) The board shall keep a complete written account of all its

meetings and other proceedings, and shall maintain the records of

the district in a secure manner.

(d) Records of the district are subject to Chapter 552,

Government Code.

(e) The board shall adopt a seal for the district.

(f) The preservation, microfilming, destruction, or other

disposition of the records of the district is subject to the

requirements of Subtitle C, Title 6, Local Government Code, and

rules adopted under that subtitle.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989. Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 7, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff.

Sept. 1, 1995.

Sec. 351.134. CONTRACTS; SUITS; PAYMENT OF JUDGMENT; INSURANCE.

(a) The board may enter into contracts as provided by this

subchapter and shall execute those contracts in the name of the

district.

(b) The district may, through its board, sue and be sued in any

court of this state in the name of the district. Service of

process may be made by serving the general manager. The courts of

this state shall take judicial notice of the creation of the

district.

(c) A court of this state that renders a money judgment against

the district may require the board to pay the judgment from the

money of the district.

(d) The board may purchase insurance insuring the district and

its employees against any liability incurred under this

subchapter and may purchase insurance coverage to cover losses of

district property.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.135. GENERAL POWERS. To carry out this subchapter, the

district may:

(1) apply for, accept, receive, and administer gifts, grants,

loans, and other funds available from any source;

(2) enter into contracts with the federal government and its

agencies, this state and its agencies, local governmental

entities including the county, and private entities;

(3) conduct, request, and participate in studies,

investigations, and research relating to providing a jail

facility; and

(4) advise, consult, and cooperate with the federal government

and its agencies, the state and its agencies, local governmental

entities including the county, and private entities.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.136. ACQUISITION OF PROPERTY FOR SITE; LEASE; EMINENT

DOMAIN. (a) The district may acquire by gift, grant, purchase,

or condemnation any land, easements, rights-of-way, and other

property interests necessary to construct or improve a jail

facility.

(b) The district may lease property on terms and conditions the

board determines advantageous to the district.

(c) The district may acquire land for a jail facility by

condemnation if the board determines, after notice and hearing,

that it is necessary. The right of eminent domain must be

exercised in the manner provided by Chapter 21, Property Code,

except that the district is not required to give bond for appeal

or bond for costs in a condemnation suit or other suit to which

it is a party and is not required to deposit double the amount of

any award in any suit.

(d) If the district, in the exercise of the power of eminent

domain, makes necessary the relocation, raising, lowering,

rerouting, or changing in grade or alteration of the construction

of any highway, railroad, electric transmission or distribution

line, telephone or telegraph properties and facilities, or

pipeline, all necessary relocations, raising, lowering,

rerouting, changing in grade, or alteration of construction shall

be accomplished at the sole expense of the district. "Sole

expense" means the actual cost of relocation, raising, lowering,

rerouting, or changing in grade or alteration of construction to

provide comparable replacement without enhancement of facilities,

after deducting the net salvage value derived from the old

facility.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.137. CONSTRUCTION CONTRACTS. (a) The district may

contract with any person to construct or improve any part of a

jail facility.

(b) Construction contracts requiring an expenditure of more than

$50,000 may be made only after competitive bidding as provided by

Subchapter B, Chapter 271.

(c) After a construction contract is awarded, if the district

determines that additional work is needed or if the character or

type of work, facilities, or improvements should be changed, the

board may authorize change orders to the contract on terms the

board approves. A change made under this subsection may not

increase or decrease the total cost of the contract by more than

25 percent.

(d) A construction contract must contain or have attached to it

the specifications, plans, and details for work included in the

contract, and work shall be done according to those plans and

specifications under the supervision of the district.

(e) A construction contract must be in writing and signed by an

authorized representative of the district and the contractor.

(f) The contract is a record of the district and is subject to

Sections 351.133(c) and (d).

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 18, eff.

Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1266, Sec. 12, eff. June 19, 2009.

Sec. 351.138. CONTRACTOR'S BOND. (a) A contractor shall

execute a bond. The bond must be in an amount determined by the

board, not to exceed the contract price, payable to the district,

approved by the board, and conditioned on the faithful

performance of the obligations, agreements, and covenants of the

contract.

(b) The bond must provide that if the contractor defaults on the

contract, the contractor will pay to the district all damages

sustained as a result of the default. The district shall deposit

the bond in its depository and shall keep a copy of the bond in

its main office.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.139. MONITORING CONSTRUCTION WORK. (a) Until a jail

facility is conveyed to a receiving county under Section 351.141,

the board has control of any construction, acquisition, or

improvement of the jail facility for which it has contracted. The

board shall determine whether or not the contract is being

fulfilled.

(b) The board shall have the construction work inspected by

engineers, inspectors, or other personnel of the district.

(c) During the progress of the construction work, the employees

inspecting the work shall submit to the board written reports

that show whether or not the contractor is complying with the

contract.

(d) On completion of construction work, the employees inspecting

the work shall submit to the board a final detailed written

report including information necessary to show whether or not the

contractor has fully complied with the contract.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.140. PAYMENT FOR CONSTRUCTION WORK. (a) The district

shall make monthly progress payments under construction contracts

as the work proceeds or at more frequent intervals as determined

by the board.

(b) If requested by the board, the contractor shall furnish an

analysis of the total contract price showing the amount included

for each principal category of the work, in such detail as

requested, to provide a basis for determining progress payments.

(c) In making progress payments, the district shall retain 10

percent of the estimated amount until final completion and

acceptance of the contract work. However, if the board, at any

time after 50 percent of the work has been completed, finds that

satisfactory progress is being made, it may authorize any of the

remaining progress payments to be made in full. Also, if the work

is substantially complete, the board, if it finds the amount

retained to be in excess of the amount adequate for the

protection of the district, may release to the contractor all or

a part of the excess amount.

(d) On completion and acceptance of each separate project, work,

or other division of the contract on which the price is stated

separately in the contract, payment may be made without retention

of a percentage.

(e) When construction work is completed according to the terms

of the contract, the board shall draw a warrant on the depository

to pay any balance due on the contract.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.141. FINAL APPROVAL AND CONVEYANCE BY BOARD. (a) On

receiving the final construction inspection report, the board

shall give notice and schedule a public hearing to determine

whether the jail facility is complete as specified in the

district's plans and in the contract.

(b) At the hearing, the board may require the presentation of

any additional information or testimony necessary to make a

determination, and the receiving county, if any, may have its

representative attend the hearing and present any information and

testimony that the receiving county considers necessary.

(c) At the conclusion of the hearing, if the board determines

that the work on the jail facility is complete, the board shall

pass a resolution to convey the jail facility to the receiving

county subject to the requirements of this subchapter if the jail

facility is not already owned by the receiving county. The board

shall file a copy of the resolution, together with the instrument

of conveyance, with the clerk of the receiving county.

(d) The jail district shall make any conveyance of a jail

facility to a receiving county as provided by this subchapter

free of all interest and indebtedness of the district.

(e) If the board determines that the work on the jail facility

has not been completed satisfactorily, the board shall take

necessary actions to have the jail facility completed as required

by the district's plans, the contract, and the receiving county.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.142. RESPONSIBILITIES OF RECEIVING COUNTY. (a) On

completion and approval by the board of the construction or the

acquisition and any improvement of a facility constructed or

acquired by a jail district under this subchapter and on written

approval by the receiving county, the board shall convey the

facility to the receiving county.

(b) A receiving county to which a jail facility is conveyed is

the owner of the jail facility and is responsible for all

operation, maintenance, upkeep, and administration of the jail

facility. The district will have no further responsibility for

the jail facility. This section does not limit or change the

authority of the receiving county to alter, relocate, close, or

discontinue operation or maintenance of the jail facility as

provided by law.

(c) Conveyance of a jail facility to a receiving county under

this section does not affect the duties and responsibilities of

the district to pay in full the principal of and the premium, if

any, and interest on any outstanding bonds or other indebtedness

of the district and to observe and perform the covenants,

obligations, or conditions provided by the orders or resolutions

authorizing the bonds or other indebtedness. Notwithstanding the

conveyance of a jail facility to a receiving county under this

section, the district is solely responsible and liable for

payment in full of the principal of and the premium and interest

on any bonds or other indebtedness of the district.

(d) A written protest alleging that the jail facility does not

comply with the district's plans and written approval of the

receiving county may be submitted to the board by the receiving

county or a municipality in which the jail facility is located

before or during the public hearing scheduled under Section

351.141. On receipt of a protest, the board may delay the

facility conveyance until the district fully complies with the

plans and written approvals.

(e) This subchapter does not prevent the conveyance of a part of

the jail facility proposed to be constructed or acquired by a

district if the district's jail facility is constructed in

stages.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.143. CHANGES AND ADDITIONS TO FACILITIES. (a) Before

a jail facility is conveyed to a receiving county, the district

may make changes in or additions to the facility if the board

determines that the changes or additions are necessary to:

(1) comply with the requirements of that county and, if the

facility is located within the jurisdiction of a municipality,

comply with the requirements of the municipality in whose limits

or extraterritorial jurisdiction the facility is located; or

(2) adjust to circumstances or requirements that did not exist

at the time the original plans for the facility were approved by

the board.

(b) Before changes or additions are made under this section, the

board shall consult with the receiving county regarding the

proposed changes.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28,

1989.

Sec. 351.144. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND

SUPPLIES OVER $5,000. (a) If the estimated amount of a proposed

contract for the purchase of vehicles, equipment, or supplies is

more than $15,000, the board shall ask for competitive bids in

accordance with the bidding procedures provided by the County

Purchasing Act (Subchapter C, Chapter 262)