This section limits who may contract to house out-of-state inmates, sets approval conditions, and requires reporting and certification compliance.
Sec. 511.0092. CONTRACTS FOR OUT-OF-STATE INMATES. (a) The only entities other than the state that are authorized to operate a correctional facility to house in this state inmates convicted of offenses committed against the laws of another state of the United States are: (1) a county or municipality; and (2) a private vendor operating a correctional facility under a contract with a county under Subchapter F, Chapter 351, Local Government Code, or a municipality under Subchapter E, Chapter 361, Local Government Code. (b) A county commissioners court or the governing body of a municipality may enter into a contract with another state or a jurisdiction in another state for the purpose described by Subsection (a) only if: (1) the county or municipality submits to the commission: (A) a statement of the custody level capacity and availability in the correctional facility that will house the inmates; and (B) a written plan explaining the procedure to be used to coordinate law enforcement activities in response to any riot, rebellion, escape, or other emergency situation occurring in the facility; and (2) the commission: (A) inspects the facility and reviews the statement and plan submitted under Subdivision (1); and (B) after the inspection and review, determines that the correctional facility is a proper facility for housing the inmates and provides the county or municipality with a copy of that determination. (c) A private vendor operating a correctional facility in this state may not enter into a contract for the purposes of Subsection (a) with another state or a jurisdiction in another state. (d) A contract described by Subsection (b) must provide that: (1) each correctional facility in which inmates are to be housed meets minimum standards established by the commission; (2) each inmate to be released from custody must be released in the sending state; (3) before transferring an inmate, the receiving facility shall review for compliance with the commission's classification standards: (A) all records concerning the sending state's classification of the inmate, including records relating to the inmate's conduct while confined in the sending state; and (B) appropriate medical information concerning the inmate, including certification of tuberculosis screening or treatment; (4) except as provided by Subsection (e), the sending state will not transfer and the receiving facility will not accept an inmate who has a record of institutional violence involving the use of a deadly weapon or a pattern of violence while confined in the sending state or a record of escape or attempted escape from secure custody; (5) the receiving entity will determine the inmate's custody level in accordance with commission rules, in order to ensure that the custody level assignments for the facility as a whole are compatible with the construction security level availability in the facility; and (6) the receiving facility is entitled to terminate at will the contract by providing the sending state with 90 days' notice of the intent to terminate the contract. (e) The commission may waive the requirement that a contract contain the provision described by Subsection (d)(4) if the commission determines that the receiving facility is capable of confining an inmate described by Subsection (d)(4). (f) A county, municipality, or private vendor operating under a contract described by Subsection (b) shall: (1) send a copy of the contract to the commission; (2) require all employees at the facility to maintain certification as required by the Texas Commission on Law Enforcement; (3) submit to inspections by the commission; and (4) immediately notify the commission of any riot, rebellion, escape, or other emergency situation occurring at the facility. (g) The commission may require the sending state or an entity described in Subsection (a) to reimburse the state for any cost incurred by a state agency in responding to any riot, rebellion, escape, or other emergency situation occurring at the facility. (h) Notwithstanding the provisions of Chapter 252, Chapter 262, Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local Government Code, the governing body of a municipality or a county commissioners court may enter into a contract with a private vendor to provide professional services under this section if the commission reviews and approves the private vendor's qualifications to provide such services and the terms of the proposed contract comply with this section. (i) Chapter 1702, Occupations Code, does not apply to an employee of a facility in the actual discharge of duties as an employee of the facility if the employee is required by Subsection (f)(2) to maintain certification from the Texas Commission on Law Enforcement. Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.764, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.30, eff. May 18, 2013.