reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 361.023 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter B. Justice Centers Located on State Line|Section 361.023. Contractual Authority Contingent on Legislation of Other State

Sec. 361.023.  CONTRACTUAL AUTHORITY CONTINGENT ON LEGISLATION OF OTHER STATE.  A county or municipality in this state may make the contract only if the other state enacts legislation that relates to the establishment of a justice center under a contract and that:(1)  assigns responsibility for the operation of the detention facilities in the center in the manner required by Section 361.026;(2)  provides for the application and enforcement of the law of both states in the manner provided by Section 361.028;(3)  contains provisions authorizing the arrest, prosecution, transfer, and control of persons as prescribed by Sections 361.029(a)(2), (d), (e), and (f)(2);(4)  authorizes peace officers to take the actions authorized by Sections 361.029(j) and (k);  and(5)  provides that:(A)  a person in custody in the center under the law of this state may not be prosecuted for an offense against the law of the other state without extradition and may not be personally served with process in the center for a proceeding in the other state;(B)  a person summoned to appear in the center under the law of this state may not be personally served with process in any part of the center for a proceeding in the other state;  and(C)  a person summoned to appear in the center under the law of this state may not be arrested in any part of the center for an offense against the law of the other state.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 361.024 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter B. Justice Centers Located on State Line|Section 361.024. Financing of Justice Center

Sec. 361.024.  FINANCING OF JUSTICE CENTER.  The governing body of the municipality or county in this state that makes the contract may finance its share of the construction, operation, management, or other financing costs of the justice center by any means, including the use of available federal funds, that the governing body may use to finance the type of facilities that the municipality or county will use in or provide to the center.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 361.025 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter B. Justice Centers Located on State Line|Section 361.025. Management of Justice Center; Personnel

Sec. 361.025.  MANAGEMENT OF JUSTICE CENTER;  PERSONNEL.  (a)  The contracting parties may specify in the contract the manner of determining the persons responsible for the:(1)  operation, alteration, maintenance, cleaning, and repair of the justice center facilities;(2)  employment of the center personnel;(3)  purchase of materials, supplies, tools, and other equipment to be jointly used by offices provided or used by the contracting parties;(4)  preparation of reports to be made to the governing bodies of the contracting parties;(5)  joint record-keeping, communications, or dispatch systems;  and(6)  performance of any other powers or duties relating to the operation of the center.(b)  The contracting parties may provide in the contract the manner of determining the personnel policies and employment benefit programs for personnel of the justice center.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 361.026 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter B. Justice Centers Located on State Line|Section 361.026. Responsibility for Operation of Jail

Sec. 361.026.  RESPONSIBILITY FOR OPERATION OF JAIL.  The contract must provide:(1)  that the sheriffs of the two counties are jointly responsible for the operation of any jail, lockup, jail annex, or other detention facility in the justice center and for the custody, care, and treatment of persons in custody in that facility;  or(2)  for the employment of a jailer who shall exercise those responsibilities.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 17, Sec. 2, eff. April 2, 1993.|
TX Loc Govt Code § 361.027 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter B. Justice Centers Located on State Line|Section 361.027. Courtrooms and Court Proceedings at Justice Center

Sec. 361.027.  COURTROOMS AND COURT PROCEEDINGS AT JUSTICE CENTER.  (a)  A court of appeals or a district, county, justice, or municipal court with jurisdiction in the county or municipality in which a part of the justice center is located may maintain offices and courtrooms and may hold proceedings at the center, except that:(1)  only a justice court for the precinct in which the part of the justice center in this state is located may maintain an office and courtroom in the center;  and(2)  a court of this state may not hold proceedings in the part of the center that is located in the other state.(b)  A court of the other state may hold proceedings in the part of the justice center that is located in this state.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 361.041 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter C. Joint Municipal and County Jail Facilities in Certain Counties|Section 361.041. Municipal-County Jail Facilities in County With Population of Less Than 20,000

Sec. 361.041.  MUNICIPAL-COUNTY JAIL FACILITIES IN COUNTY WITH POPULATION OF LESS THAN 20,000.  (a)  A county with a population of less than 20,000 and any municipality located within the county may finance, construct, maintain, and operate jail facilities for the joint use of the county and municipality.  The governing body of the municipality and the commissioners court of the county by contract may determine each party's obligations relating to those actions and may provide for the custody, control, and operation of the jail facilities.  The term of the contract may not exceed 20 years.(b)  The municipality and county may issue and sell bonds in the manner provided by law and may spend the proceeds of those bonds for the purposes authorized by this section.  The bonds remain the sole obligations of the authority that issues them.  Any funds derived from the sale of the bonds shall remain in the possession and control of the issuing authority until spent by that authority for the authorized purposes.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 361.042 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter C. Joint Municipal and County Jail Facilities in Certain Counties|Section 361.042. Municipal-County Jail Facilities in Certain Counties

Sec. 361.042.  MUNICIPAL-COUNTY JAIL FACILITIES IN CERTAIN COUNTIES.  (a)  Instead of providing and maintaining its own jail, the commissioners court of a county with a population of 110,000 to 113,000 may provide safe and suitable jail facilities for the county by contracting for the facilities with the governing body of the municipality that is the county seat of the county.(b)  The contract must provide for:(1)  the incarceration, on a daily per capita basis, of the county's prisoners in the jail facilities owned by the municipality, with the daily per capita rate to be equal to the cost of maintaining a prisoner in the facilities or to be at an amount mutually agreed on by the parties;(2)  the lease to the county of a part of the municipally owned jail facilities, with payment under the lease to be at a rate based on the proportion of the total area of the facilities that is occupied by the county's prisoners;  or(3)  the joint operation and maintenance of the municipally owned jail facilities for the mutual use and benefit of the county and the municipality, with each party's obligations regarding the maintenance and operation of the facilities to be prescribed by the contract.(c)  The contract may provide for the custody, control, and operation of the jail facilities.  The jail facilities must meet the requirements established by Subchapter A, Chapter 351.(d)  A contract made under Subsection (b)(2) or (3) may not exceed a term of 20 years.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 101, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 103, 104, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 95, eff. September 1, 2011.|
TX Loc Govt Code § 361.043 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter C. Joint Municipal and County Jail Facilities in Certain Counties|Section 361.043. Jailer for Municipal-County Jail Facilities

Sec. 361.043.  JAILER FOR MUNICIPAL-COUNTY JAIL FACILITIES.  (a)  A contract made under Section 361.041 or 361.042 may provide for a jailer to be custodian of the jail facilities.(b)  The jailer is under the control and supervision of the sheriff of the county and shall be appointed by the sheriff with the advice and consent of the commissioners court of the county and the governing body of the municipality.  The salary of the jailer shall be set in an amount equal to that of a deputy sheriff of the county and may be paid by the county and the municipality in proportionate amounts as provided by the contract.(c)  Except as otherwise provided by this section, the rights, duties, salary, and tenure of the jailer are controlled by the laws governing deputy sheriffs.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 361.052 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter D. Provisions for Correctional Facilities|Section 361.052. Financing Eligible Projects

Sec. 361.052.  FINANCING ELIGIBLE PROJECTS.  (a)  The governing body of an entity is empowered and authorized to issue, or to provide for the issuance of, obligations and to execute credit agreements in relation thereto in order to finance project costs of an eligible project, or to refund obligations issued or incurred in connection with an eligible project.  This subsection applies regardless of when:(1)  the obligation is due;  or(2)  title to the project is transferred to the entity.(b)  Money to be paid pursuant to a lease obligation and revenues derived by an entity from the operation of an eligible project constitute revenues to an entity that may be pledged to secure or pay any obligations, and the entity's obligations may be made payable from and secured by, in whole or in part, those revenues.  An entity may apply the provisions of Chapter 1371, Government Code, Section 271.052 or 361.053, or any combination of those laws to the issuance of obligations and the execution of credit agreements to satisfy the purposes of this subchapter, except that an entity's obligations may be refunded by the issuance of public securities, as defined by Section 1201.002, Government Code, that are payable from a pledge of ad valorem tax receipts only if the issuance of the public securities is approved by a majority of votes cast at an election conducted in accordance with the bond election procedures established by Chapter 1251, Government Code.|Added by Acts 1987, 70th Leg., 2nd C.S., ch. 70, Sec. 1, eff. Aug. 4, 1987.  Amended by Acts 1999, 76th Leg., ch. 306, Sec. 2, eff. May 29, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.328, eff. Sept. 1, 2001.|
TX Loc Govt Code § 361.061 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities|Section 361.061. Authority to Contract

Sec. 361.061.  AUTHORITY TO CONTRACT.  The governing body of a municipality may contract with a private vendor or a county to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management of a jail, detention center, work camp, or related facility.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 361.062 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities|Section 361.062. Contract Requirements

Sec. 361.062.  CONTRACT REQUIREMENTS.  A contract made under this subchapter must:(1)  require the private vendor or county to operate the facility in compliance with minimum standards of construction, equipment, maintenance, and operation of jails adopted by the Commission on Jail Standards and receive and retain a certification of compliance from the commission;(2)  provide for regular, on-site monitoring by the municipality;(3)  if the contract includes construction, provide for a performance bond and a payment bond specifically approved by resolution of the governing body as being adequate for the proposed contract and issued only by a surety authorized to do business as a surety in this state and regulated by the State Board of Insurance;(4)  provide for assumption of liability by a private vendor for all claims arising from the services performed under the contract by the private vendor;(5)  provide for an adequate plan of insurance for a 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)  provide for a plan for the purchase and assumption of operations by the municipality in the event of the bankruptcy of the private vendor;(7)  provide for an adequate plan of insurance to protect the municipality against all claims arising from the services performed under the contract by a private vendor and to protect the municipality from actions by a third party against the private vendor, its officers, guards, employees, and agents as a result of the contract;(8)  contain comprehensive standards for conditions of confinement; and(9)  require that any improvement to real property occurring as a result of the contract be awarded under a competitive proposal procedure under which quotations and proposals are solicited by advertisement in the same manner as provided in the competitive bidding procedure specifying the relative importance of price and other evaluation factors.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 361.063 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities|Section 361.063. Award of Improvement Project

Sec. 361.063.  AWARD OF IMPROVEMENT PROJECT.  (a)  An award made under Section 361.062(9) must be made to the responsible offeror whose proposal is determined to be the lowest evaluated offer resulting from negotiation taking into consideration the relative importance of price and other evaluation factors set forth in the request.(b)  Discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award.  Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.  Revisions may be permitted after submission and before award for the purpose of obtaining the best and final offers.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 361.064 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities|Section 361.064. Sovereign Immunity Inapplicable

Sec. 361.064.  SOVEREIGN IMMUNITY INAPPLICABLE.  A private vendor operating under a contract authorized by this subchapter 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 municipality, private vendor, or 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. 75(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 361.065 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities|Section 361.065. Maximum Inmate Population

Sec. 361.065.  MAXIMUM INMATE POPULATION.  A facility authorized by this subchapter must be designed, constructed, operated, and maintained to hold not more than an average daily population of 4,000 inmates.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 670, Sec. 1, eff. June 13, 2001;  Acts 2003, 78th Leg., ch. 873, Sec. 1, eff. June 20, 2003.|
TX Loc Govt Code § 361.066 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities|Section 361.066. Application to Prior Facilities

Sec. 361.066.  APPLICATION TO PRIOR FACILITIES.  The governing body may not convert a facility into a correctional facility operated by a private vendor if, before August 3, 1987, the facility is:(1)  operated as a correctional facility by the municipality; or(2)  being constructed by the municipality for use as a correctional facility.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.|
TX Loc Govt Code § 361.067 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities|Section 361.067. Location of Jail Restricted in Populous Municipality

Sec. 361.067.  LOCATION OF JAIL RESTRICTED IN POPULOUS MUNICIPALITY.  (a)  Notwithstanding any other provision of this subchapter, a private vendor or county may not establish a jail, detention center, work camp, or related facility in a municipality with a population of 1,500,000 or more if that facility is to be located within one-half mile of a public school, institution of higher education, or place of worship.(b)  Subsection (a) does not apply to a booking facility that will be established within 500 feet of an existing county jail or detention facility.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.  Amended by Acts 2003, 78th Leg., ch. 453, Sec. 1, eff. June 20, 2003.|
TX Loc Govt Code § 361.081 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter F. Disciplinary Matters Relating to Municipal and County Jails|Section 361.081. Supervisory or Disciplinary Authority of Inmates

Sec. 361.081.  SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES.  (a)  An inmate in a municipal or county jail may not act in a supervisory or administrative capacity over another inmate.(b)  An inmate in a municipal or county jail may not administer discipline over another inmate.|Added by Acts 1989, 71st Leg., ch. 212, Sec. 3.02, eff. Sept. 1, 1989.|
TX Loc Govt Code § 361.082 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter F. Disciplinary Matters Relating to Municipal and County Jails|Section 361.082. Restraint of Pregnant Inmate or Defendant

Sec. 361.082.  RESTRAINT OF PREGNANT INMATE OR DEFENDANT.  (a)  A municipal or county jail may not use restraints to control the movement of a pregnant woman in the custody of the jail at any time during which the woman is in labor or delivery or recovering from delivery, unless the sheriff or another person with supervisory authority over the jail determines that the use of restraints is necessary to:(1)  ensure the safety and security of the woman or her infant, jail or medical personnel, or any member of the public; or(2)  prevent a substantial risk that the woman will attempt escape.(b)  If a determination to use restraints is made under Subsection (a), the type of restraint used and the manner in which the restraint is used must be the least restrictive available under the circumstances to ensure safety and security or to prevent escape.|Added by Acts 2009, 81st Leg., R.S., Ch. 1184 (H.B. 3653), Sec. 3, eff. September 1, 2009.|
TX Loc Govt Code § 361.101 (2021)
2021 Texas Statutes|Local Government Code|Title 11 - Public Safety|Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government|Chapter 361 - Municipal and County Authority Relating to Jails|Subchapter G. Religious Freedom|Section 361.101. Application of Law Relating to Free Exercise of Religion

Sec. 361.101.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a municipal or county jail or other correctional facility operated by or under a contract with a county or municipality is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest.  The presumption may be rebutted.|Added by Acts 1999, 76th Leg., ch. 399, Sec. 5, eff. Aug. 30, 1999.|