reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.001. Institutional Division Mission

Sec. 494.001.  INSTITUTIONAL DIVISION MISSION.  The mission of the institutional division is to provide safe and appropriate confinement, supervision, rehabilitation, and reintegration of adult felons, and to effectively manage or administer correctional facilities based on constitutional and statutory standards.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a).  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.012, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.002. Director

Sec. 494.002.  DIRECTOR.  (a)  The director of the institutional division may adopt policies governing the humane treatment, training, education, rehabilitation, and discipline of inmates and may arrange for the separation and classification of inmates according to the inmates' sex, age, health, corrigibility, and type of offense for which the inmate was sentenced to the institutional division.
(b)   In addition to a salary, the board shall provide the director of the institutional division with a house and reimburse the director for necessary expenses related to travel for the institutional division.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1991.  Renumbered from Sec. 493.001 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.013, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.003. Director's Accounts

Sec. 494.003.  DIRECTOR'S ACCOUNTS.  (a)  The department shall keep a correct and accurate account of each financial transaction involving the institutional division, including the receipt and disbursement of money by the division.  The department shall keep an account of each institutional division unit, industry, and farm, and for each person doing business with the division.
(b)  The director of the institutional division or a designee of the director shall provide a receipt for all money received by the institutional division.
(c)  The director of the institutional division may require employees of the institutional division to make necessary reports at stated intervals.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 493.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.014, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.004. Director's Reports

Sec. 494.004.  DIRECTOR'S REPORTS.  The director of the institutional division shall make a complete report to the board at each regular meeting of the board.  The report must describe the fiscal affairs of the institutional division and the division's general fiscal condition.  On January 1 of each year the board shall require a complete inventory of institutional division property.  The inventory must contain a statement of the book and the actual market value of each item listed in the inventory and a statement of the fiscal condition of the institutional division as of January 1. The board shall prepare a sufficient number of copies of the inventory to make the inventory generally available for public inspection.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 493.003 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.007. Employees' Salaries, Room and Board, Medical Care

Sec. 494.007.  EMPLOYEES' SALARIES, ROOM AND BOARD, MEDICAL CARE.  (a)  Salaries of employees of the institutional division and the provision of board, lodging, uniforms, and other provisions to employees are as provided by the General Appropriations Act.
(b)  The department, in preparing its biennial budget request, shall review the rent charged department employees for state-owned housing and the department's policy of providing rent-free state-owned housing to certain employees.  The department, as part of the budget request, shall adjust the rent charged employees as necessary to more closely reflect the market value of the housing and shall adjust the list of employees receiving rent-free housing if necessary to comply with the General Appropriations Act, state law, or policies on rent-free housing adopted by the Texas Department of Criminal Justice.  If the department determines that no adjustment in rent charged to employees is necessary for a biennium, the department shall state that fact in the department's budget request.
(c)  Employees of the institutional division who are injured in the line of duty are entitled to receive free medical care and hospitalization from division doctors and the division hospital.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 493.008 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 238, Sec. 2.01, eff. May 22, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.008. Department Employees: Limited Law Enforcement Powers

Sec. 494.008.  DEPARTMENT EMPLOYEES:  LIMITED LAW ENFORCEMENT POWERS.  (a)  The executive director or the executive director's designee may authorize employees of the department to transport offenders and to apprehend escapees from any division of the department.  An employee acting under authority granted by the executive director has the same powers and duties as a peace officer under the laws of this state, except that the employee may not act without receiving express orders from the executive director or the executive director's designee, and may exercise those powers and perform those duties throughout the state.
(b)  The department may allow employees who are granted law enforcement authority under this section to assist municipal, county, state, or federal law enforcement officers if:
(1)  the assistance is requested for an emergency situation that presents an immediate or potential threat to public safety if assistance is not received, including apprehending an escapee of a municipal or county jail or privately operated or federal correctional facility; and
(2)  the department determines that the assistance will not jeopardize the safety and security of the department and its personnel.
(b-1)  An employee who assists under Subsection (b) a law enforcement officer in the performance of the officer's duties has the same powers and duties as the officer requesting assistance.
(c)  An employee of the department may not enforce the laws of this state relating to the prevention of misdemeanors and the detention of persons who commit misdemeanors, including laws regulating traffic and the use of state highways.
(d)  An employee described by Subsection (a) may not be considered a peace officer for any purposes other than those specified under this section and is not required to be certified by the Texas Commission on Law Enforcement.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 493.009 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 988, Sec. 1.04, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 322, Sec. 1, eff. May 29, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 19, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.28, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.010. Employees' Possession and Use of Tobacco Products

Sec. 494.010.  EMPLOYEES' POSSESSION AND USE OF TOBACCO PRODUCTS.  A rule adopted by the board that regulates the possession and use of tobacco products by department employees must provide that employees of the department are permitted to use tobacco products during work hours at times and locations designated by the board.  In designating locations at which the use of tobacco products is permitted, the board shall designate locations that:
(1)  are at a sufficient distance from a place at which employees regularly perform duties to ensure that no employee who abstains from the use of tobacco products is physically affected by the use of tobacco products at the location;  and
(2)  do not negatively affect the comfort or safety of any employee or inmate.
Added by Acts 1997, 75th Leg., ch. 859, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.011. Assessment of Unit Design and Security Systems

Sec. 494.011.  ASSESSMENT OF UNIT DESIGN AND SECURITY SYSTEMS.  (a)  In order to ensure that the institutional division is managed effectively, the division not less than once every three years shall assess the long-term administrative segregation and maximum security needs of the division.  The institutional division shall report to the Legislative Criminal Justice Board the results of each assessment made under this section not later than one year after the assessment is completed.
(b)  The institutional division shall include in the assessment:
(1)  a feasibility study on the conversion of at least one maximum security facility into a medium security facility;
(2)  a review of the division's unit design prototypes to determine whether the prototypes could be improved by:
(A)  the use of new technologies;
(B)  redesign of interiors and exteriors to improve visibility within the prototypes;  or
(C)  the use of other cost-saving measures;
(3)  a feasibility study on increased use of closed-circuit camera technology, electronic perimeter detection technology, or other electronic technology;  and
(4)  a review of any other issues the division determines are relevant to the continued improvement and cost-effectiveness of the system's security system.
(c)  The institutional division shall include in the report to the Legislative Criminal Justice Board required by Subsection (a) with the results of the assessment:
(1)  a description, with documentation, of the distribution of levels of security within the institutional division;
(2)  a comparison of the distribution of levels of security within the division to the distribution of levels of security in prisons in other states;  and
(3)  if there is a disparity between the distribution of levels of security within the institutional division and that in prisons in other states, a discussion of whether that disparity is in the best interest of the institutional division.
Added by Acts 1993, 73rd Leg., ch. 238, Sec. 3.01, eff. May 22, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 494 - Institutional Division: Policy, Director, and Staff › Section 494.012. Maintenance Staff

Sec. 494.012.  MAINTENANCE STAFF.  (a)  The institutional division shall evaluate the efficiency of the maintenance staff of each unit of the division.
(b)  The institutional division may assign a staff member to more than one unit of the division to increase the efficiency of the maintenance staff.
(c)  The institutional division shall assign a maintenance staff member to two or more units of the division if the division determines that such an assignment is cost-effective.
(d)  The institutional division may not employ an assistant unit maintenance manager for a maintenance staff of a unit of the division unless the division determines that the employment of an assistant unit manager at that unit is cost-effective.
Added by Acts 1993, 73rd Leg., ch. 238, Sec. 4.01, eff. May 22, 1993.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.015, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter A. Contracts With Private Vendors and Commissioners Courts › Section 495.001. Authority to Contract

Sec. 495.001.  AUTHORITY TO CONTRACT.  (a)  The board may contract with a private vendor or with the commissioners court of a county for the financing, construction, operation, maintenance, or management of a secure correctional facility.
(b)  A facility operated, maintained, and managed under this subchapter by a private vendor or county must:
(1)  hold not more than an average daily population of 1,150 inmates;
(2)  comply with federal constitutional standards and applicable court orders; and
(3)  receive and retain, as an individual facility, accreditation from the American Correctional Association.
(c)  A facility authorized by this subchapter may be located on private land or on land owned by the state or a political subdivision of the state.  The board may accept land donated for that purpose.
(d)  The population requirements imposed by Subsection (b)(1) do not apply to a facility that is under construction or completed before April 14, 1987.
(e)  The board shall give priority to entering contracts under this subchapter that will provide the institutional division with secure regionally based correctional facilities designed to successfully reintegrate inmates into society through preparole, prerelease, work release, and prison industries programs.
(f)  Notwithstanding Subsection (b)(1), a facility that before December 1, 1991, was operated, maintained, and managed under this subchapter by a private vendor or county may not hold more than an average daily population of 500 inmates, unless the commissioners court of the county in which the facility is located expresses in a resolution on the subject that the limit on population imposed by this subsection should not apply to the facility.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 494.001 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 2.01, eff. Dec. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 601 (H.B. 198), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter A. Contracts With Private Vendors and Commissioners Courts › Section 495.002. Inmates

Sec. 495.002.  INMATES.  The institutional division may confine only minimum or medium security inmates in a facility authorized by this subchapter.  An inmate confined in a facility authorized by this subchapter remains in the legal custody of the institutional division .
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 494.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter A. Contracts With Private Vendors and Commissioners Courts › Section 495.004. Limitation on Authority Over Inmates

Sec. 495.004.  LIMITATION ON AUTHORITY OVER INMATES.  A private vendor or county operating under a contract authorized by this subchapter may not:
(1)  compute inmate release and parole eligibility dates;
(2)  award good conduct time;
(3)  approve an inmate for work, medical, or temporary furlough or for preparole transfer;  or
(4)  classify an inmate or place an inmate in less restrictive custody than the custody ordered by the institutional division.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 494.004 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter A. Contracts With Private Vendors and Commissioners Courts › Section 495.005. Civil Liability

Sec. 495.005.  CIVIL LIABILITY.  A private vendor operating under a contract authorized by this subchapter may not claim sovereign immunity in a suit arising from the services performed under the contract by the private vendor or county.  This section does not deprive the private vendor or the state of the benefit of any law limiting exposure to liability, setting a limit on damages, or establishing a defense to liability.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01 eff. Sept. 1, 1989.  Renumbered from Sec. 494.005 by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter A. Contracts With Private Vendors and Commissioners Courts › Section 495.006. Conversion of Facility

Sec. 495.006.  CONVERSION OF FACILITY.  The board may not convert a facility into a correctional facility operated by a private vendor or by a county if, before April 14, 1987, the facility is:
(1)  operated as a correctional facility by the board;  or
(2)  being constructed by the board for use as a correctional facility.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 494.006 by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter A. Contracts With Private Vendors and Commissioners Courts › Section 495.007. Limitation

Sec. 495.007.  LIMITATION. The board may not enter into contracts under this subchapter for more than 5,580 beds.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 2.02, eff. Dec. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 238, Sec. 6.01, eff. May 22, 1993;  Acts 1999, 76th Leg., ch. 1188, Sec. 1.13, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 601 (H.B. 198), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter A. Contracts With Private Vendors and Commissioners Courts › Section 495.008. Auditing and Monitoring Contracts

Sec. 495.008.  AUDITING AND MONITORING CONTRACTS.  (a)  The department shall develop a comprehensive methodology for enhanced auditing and monitoring of all facilities operated under contract with the department that house inmates of the department and releasees under the supervision of the department.  To achieve this objective, the department shall first review existing auditing, monitoring, and oversight capabilities of the department to determine what further procedures and resources are necessary to achieve this goal.
(b)  The department shall ensure that all new and renewed contracts described by Subsection (a) include:
(1)  a provision that the department or a designee of the department may conduct periodic contract compliance reviews, without advance notice, to monitor vendor performance;
(2)  minimum acceptable standards of performance prescribed by the department that include provisions regarding the health, safety, and welfare of inmates and releasees;
(3)  a provision that if a review determines that a vendor is not in compliance with the contract, the department may require that the vendor's per diem compensation be withheld until the vendor meets contract requirements or the vendor is replaced;
(4)  a provision requiring a vendor not in compliance with the contract to implement a plan of corrective action approved by the department;  and
(5)  a provision under which the state is indemnified for costs of litigation and for any damages in lawsuits alleging that the health, safety, or welfare of an inmate or releasee in a contract facility is not protected.
(c)  The department shall complete at least one enhanced audit for each facility described by Subsection (a), without regard to whether the facility is operated by a public or private vendor.  The enhanced audit must include an enhanced contract compliance review of any vendors hired by a community supervision and corrections department to operate a facility.
(d)  The department, in conjunction with an advisory committee composed of state officials and private officials from within the industry, shall adopt rules to implement the requirements of this section.
(e)  The department shall develop an appeals process, incorporated by reference into all new and renewed contracts, under which a vendor may appeal any imposed sanction under the contract, with the appeals process including the right to a formal hearing and a right to a final determination by the board.
(f)  Expired.
Added by Acts 2001, 77th Leg., ch. 474, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter B. Miscellaneous Contracts for Correctional Facilities and Services › Section 495.021. Lease-Purchase, Installment Contracts

Sec. 495.021.  LEASE-PURCHASE, INSTALLMENT CONTRACTS.  (a)  The board may contract with the commissioners court of a county to use, lease-purchase, purchase on an installment contract, or acquire in any other manner a secure correctional facility financed and constructed under the authority of the county.  The contract must be subject to specific appropriative authority in the General Appropriations Act, and the facility must be managed by the institutional division.
(b)  A contract under this section is subject to review and approval by the Bond Review Board under the provisions of Chapter 1231 without regard to the amount or the duration of the contract.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 494.021 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.237, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter B. Miscellaneous Contracts for Correctional Facilities and Services › Section 495.022. Contracts With Federal Government

Sec. 495.022.  CONTRACTS WITH FEDERAL GOVERNMENT.  (a)  The board may contract with the federal government for the lease of any military base or other federal facility that is not being used by the federal government.
(b)  A facility leased under this section may be used by the institutional division for the purpose of housing inmates determined by the division to be minimum security inmates.
(c)  The board may not enter into a contract under this section unless funds have been appropriated specifically for the purpose of making payments on contracts authorized under this section.
(d)  The board shall attempt to enter into contracts authorized by this section that will provide the institutional division with facilities located in the various parts of the state.
(e)  A facility leased under this section by the board must comply with federal constitutional standards and applicable court orders.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 494.022 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter B. Miscellaneous Contracts for Correctional Facilities and Services › Section 495.023. Contracts for Diagnostic and Evaluation Services

Sec. 495.023.  CONTRACTS FOR DIAGNOSTIC AND EVALUATION SERVICES.  (a)  The institutional division shall request proposals and may award one contract to a private vendor or community supervision and corrections department to screen and diagnose, either before or after adjudications of guilt, persons who may be transferred to the division.  The term of the contract may not be for more than two years.  The institutional division shall award the contract if the division determines that:
(1)  the person proposing to enter into the contract can provide psychiatric, psychological, or social evaluations of persons who are to be transferred to the division;
(2)  the services provided will reduce the chances of misdiagnosis of persons with mental illness or persons with intellectual disabilities who are to be transferred to the division, expedite the diagnostic process, and offer savings to the division;
(3)  the quality of services offered equals or exceeds the quality of the same services provided by the division; and
(4)  the state will assume no additional liability by entering into a contract for the services.
(b)  If the institutional division enters into the contract and during or at the end of the contract period determines that the diagnostic services performed under the contract are of a sufficient quality and are cost effective, the division shall submit requests for additional proposals for contracts and award one or more contracts in the same manner as provided by Subsection (a).
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 494.023 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.09, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter B. Miscellaneous Contracts for Correctional Facilities and Services › Section 495.024. Release of Out-of-State Inmates

Sec. 495.024.  RELEASE OF OUT-OF-STATE INMATES.  A county or a municipality or 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, that enters into a contract with any entity to house in this state inmates convicted of offenses committed against the laws of another state of the United States must require as a condition of the contract that each inmate to be released from custody must be released in the sending state.
Added by Acts 1997, 75th Leg., ch. 175, Sec. 1, eff. May 21, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter B. Miscellaneous Contracts for Correctional Facilities and Services › Section 495.025. Certain Commissary Contracts; Taste Tests

Sec. 495.025.  CERTAIN COMMISSARY CONTRACTS; TASTE TESTS.  (a)  For the purchase of commissary food goods, the department may conduct a taste test as consideration for a bid award only if, to conduct the test, the department contracts with a private marketing vendor, a university, or another independent organization that is experienced in food product evaluation and taste tests.
(b) In awarding a bid for commissary food goods for which a taste test is conducted, the department may use the taste test results as not more than 30 percent of the criteria used for the bid award.
(c) A contract into which the department enters under Subsection (a) must require the vendor, university, or other organization, at the expense of the vendor, university, or organization, to annually re-conduct the taste test to ensure that the product meets the original specifications of the request for proposal that resulted in the department entering a contract for the tested product.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 20, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter B. Miscellaneous Contracts for Correctional Facilities and Services › Section 495.026. Product Bundling, Bulk Purchasing, and Vendor Discounts

Sec. 495.026.  PRODUCT BUNDLING, BULK PURCHASING, AND VENDOR DISCOUNTS.  The department may provide for the practice of bundling products into categories to ensure savings through bulk purchasing, discounts for advance invoice payments, and online ordering.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 20, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 495 - Contracts for Correctional Facilities and Services › Subchapter B. Miscellaneous Contracts for Correctional Facilities and Services › Section 495.028. Implementation of Reentry and Reintegration Plan

Text of section effective on June 19, 2009, but only if a specific appropriation is provided as described by Acts 2009, 81st Leg., R.S., Ch. 643, Sec. 4, which states:  This Act does not make an appropriation.  This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 81st Legislature.
Sec. 495.028.  IMPLEMENTATION OF REENTRY AND REINTEGRATION PLAN.  (a)  The department may contract and coordinate with private vendors, units of local government, or other entities to implement the comprehensive reentry and reintegration plan developed under Section 501.092, including contracting to:
(1)  coordinate the supervision and services provided to offenders in correctional facilities with any supervision or services provided to offenders who have been released or discharged from the correctional facility;
(2)  provide offenders awaiting release or discharge with documents that are necessary after release or discharge, including identification papers, medical prescriptions, job training certificates, and referrals to services; and
(3)  provide housing and structured programs, including group homes for recovering substance abusers, through which offenders are provided services immediately following release or discharge.
(b)  To ensure accountability, any contract entered into under this section must contain specific performance measures that the department shall use to evaluate compliance with the terms of the contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 643 (H.B. 1711), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.001. Acquisition of Real Property

Sec. 496.001.  ACQUISITION OF REAL PROPERTY.  The board may acquire real property through purchase, subject to specific appropriative authority in the General Appropriations Act, or through the acceptance of a gift, grant, or donation for a facility.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.001 by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.016, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.002. Eminent Domain

Sec. 496.002.  EMINENT DOMAIN.  (a)  The board has eminent domain authority to condemn and acquire land if necessary to eliminate security hazards, protect the life and property of citizens of this state, or improve the efficiency, management, or operations of the department.
(b)  The exercise of the power of eminent domain by the board is governed by Chapter 21, Property Code.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.017, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.0021. Sale of Department Real Property

Sec. 496.0021.  SALE OF DEPARTMENT REAL PROPERTY.  (a)  The board may sell state-owned real property under the board's management and control at the real property's fair market value.  The General Land Office shall negotiate and close a transaction under this section on behalf of the board using procedures under Section 31.158(c), Natural Resources Code.  Proceeds from the transaction shall be deposited in the Texas capital trust fund.
(b)  The board may authorize the sale of land directly to a local government at fair market value without the requirement of a sealed bid sale if the local government acquires the property for use as a local correctional facility.
(c)  The board shall authorize the sale of land directly to a municipality at fair market value without the requirement of a sealed bid sale if:
(1)  the municipality seeking to acquire the land notifies the department in writing of the municipality's desire to acquire the land for municipal airport expansion;
(2)  the land is located next to an active runway of a municipally owned airport;
(3)  the municipality is acquiring the land to expand municipal airport facilities or supporting commercial operations for the airport; and
(4)  the department primarily uses the land for guard housing.
(d)  After receiving the notice required by Subsection (c), the board shall:
(1)  obtain an appraisal of the land to be sold to the municipality;
(2)  request that the municipality provide the board with an appraisal of the land to be sold; and
(3)  determine whether a third appraisal by an appraiser mutually selected by the department and municipality is necessary to determine fair market value of the land to be sold.
(e)  Within 18 months of receiving the notice required by Subsection (c), the board shall finalize the sale of the land to the municipality at fair market value.
(f)  In determining the fair market value of land to be sold under Subsection (c), the department shall consider the necessary remediation that must be completed before the land can be used for airport expansion.  If a third appraisal is required under Subsection (d), the fair market value is considered to be the average of the three appraisals required under this section.
Added by Acts 1995, 74th Leg., ch. 215, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.018, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 25 (S.B. 1149), Sec. 1, eff. May 12, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.003. Lease of Real Property

Sec. 496.003.  LEASE OF REAL PROPERTY.  (a)  The board may lease state-owned real property under the board's management and control at the real property's fair market lease value.  The initial period of a lease under this section may not exceed 20 years.  The lease may contain terms and conditions determined by the board to be in the best interest of the department. Neither a member of the board nor a person related to a member within the second degree by affinity or within the third degree by consanguinity, as determined under Subchapter B, Chapter 573, may own an interest in an entity leasing real property under this section.
(b)  The department shall deposit in the general revenue fund to the credit of a special account the proceeds of a lease entered into under this section, after deducting expenses.  The proceeds may be used only for the payment of operating expenses of the department. Sections 403.094 and 403.095 do not apply to the dedication of lease proceeds under this subsection.
(c)  The department shall notify taxing units authorized to impose property taxes on land leased under this section that the land has been leased.  The department shall send a copy of the lease by first class mail, return receipt requested, to each taxing unit in which the land is located.  The lessee is liable for property taxes imposed on land leased under this section.
Added by Acts 1989, 72nd Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.003 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended as Sec. 495.003 by Acts 1991, 72nd Leg., ch. 561, Sec. 28, eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.019, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.0031. Transfer of Facilities

Sec. 496.0031.  TRANSFER OF FACILITIES.  (a)  The department may transfer a correctional facility to another agency of the state, and the agency receiving the facility  subsequently may transfer the facility back to the department.
(b)  A transfer under this section requires the agreement of the board and the governing body of the agency receiving the correctional facility or returning the correctional facility to the department, both as to the identity of the facility to be transferred and to the method of transfer.
(c)  In this section, "transfer" means to convey title to, lease, or otherwise convey the beneficial use of a correctional facility and land appurtenant to the facility.
Added by Acts 1995, 74th Leg., ch. 312, Sec. 1, eff. June 5, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.020, eff. June 7, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.0032. Agricultural Lease

Sec. 496.0032.  AGRICULTURAL LEASE.  The board under terms advantageous to the department may lease real property for use by the department for agricultural purposes and lease fixtures and appurtenances to the property.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 8.09, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.004. Easements

Sec. 496.004.  EASEMENTS.  (a)  The board may grant or lease permanent or temporary right-of-way easements on department land for:
(1)  public highways, roads and streets, and ditches;
(2)  electric lines and pipelines, including necessary wires, pipes, poles, and other equipment used to transmit, convey, or distribute water, electricity, gas, oil, or similar substances or commodities;
(3)  electrical substations;  or
(4)  the provision of utilities for the operation of facilities of the department and roadways for access to facilities of the department.
(b)  The board may not grant or lease an easement unless the board receives fair and adequate consideration.  However, the board may without consideration grant a state highway easement to the Texas Department of Transportation, a roadway easement to a county for connecting roads between state highways, easements to utility providers for utilities to serve facilities of the department, and roadway easements to a city or a county to provide roadways for facilities of the department.
(c)  A grant or lease must contain a full reservation of minerals in and under the land.  The board may impose other fair and reasonable conditions, covenants, and provisions.
(d)  The department shall deposit money received from a grant or lease of easements and money received from damages to department land in the general revenue fund to the credit of a special account. Money received under this section may be used only for the payment of operating expenses of the department.  Sections 403.094 and 403.095 do not apply to the dedication of money under this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.004 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., ch. 508, Sec. 1, eff. June 13, 1991;  Acts 1995, 74th Leg., ch. 165, Sec. 22(37), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.021, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.005. Tax Exemption

Sec. 496.005.  TAX EXEMPTION.  (a)  Property associated with a facility described by Subsection (b) is exempt from taxation during the time the property is used exclusively for the purposes of the department.
(b)  This section applies to:
(1)  land in Anderson County owned by the state for the use and benefit of the institutional division that is subject to a lease granted by the board and a sublease entered into by the division and the General Services Commission, on which is located the correctional facility known as the Mark W. Michael Unit of the Coffield Prison Farm;  and
(2)  a parcel of land in Anderson, Brazoria, Coryell, Houston, Madison, or Walker County owned by the state for the use and benefit of the institutional division that is subject to a lease granted by the board and a sublease entered into by the division and the General Services Commission, on which is located a trusty camp facility.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.005 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.022, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.006. Road Maintenance

Sec. 496.006.  ROAD MAINTENANCE.  (a)  The department and the Texas Department of Transportation may enter into and perform an agreement or contract for the maintenance of a road in or adjacent to a facility of the department.
(b)  An agreement or contract entered into under this section and payments made under the agreement or contract must conform with the provisions of Chapter 771.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.006 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(38), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.023, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter A. Land › Section 496.007. Location of New Facilities

Sec. 496.007.  LOCATION OF NEW FACILITIES.  In determining the location of a facility to be built, the department, in evaluating the advantages and disadvantages of the proposed location, shall consider whether the proposed location is:
(1)  close enough to a county with 100,000 or more inhabitants to provide access to services and other resources provided in such a county;
(2)  cost-effective with respect to its proximity to other facilities of the department;
(3)  close to an area that would facilitate release of inmates or persons confined in state jail felony facilities to their area of residence;  and
(4)  close to an area that provides adequate educational opportunities and medical care.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.007 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.024, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter B. Purchasing Procedures; Property Insurance › Section 496.051. Purchasing Procedures

Sec. 496.051.  PURCHASING PROCEDURES.  (a)  The department shall comply with any special purchasing procedures requiring competitive review under Subtitle D, Title 10.  The department shall test the goods and services that it purchases in accordance with Section 2155.069 and may enter into a contract with a private or public entity to assist with testing.
(b), (c) Repealed by Acts 1997, 75th Leg., ch. 1409, Sec. 9, eff. Sept. 1, 1997.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.051 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.025, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 17.19(5), (12), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 335, Sec. 1, eff. May 27, 1997;  Acts 1997, 75th Leg., ch. 1206, Sec. 24, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter B. Purchasing Procedures; Property Insurance › Section 496.0515. Hazardous Waste Management Contracts

Sec. 496.0515.  HAZARDOUS WASTE MANAGEMENT CONTRACTS.  (a)  The competitive bidding contract procedures established by Chapters 2155-2158, do not apply to a contract awarded by the department for:
(1)  testing a solid waste or other substance to determine whether the waste or other substance is a hazardous waste;  or
(2)  the transport, storage, treatment, or disposal of a hazardous waste.
(b)  The department shall promulgate procedures for the purpose of purchasing under Subsection (a).  The department shall file copies of the procedures promulgated under this subsection with the comptroller.
Added by Acts 1991, 72nd Leg., ch. 920, Sec. 1, eff. June 16, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.026, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 17.192, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.53, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter B. Purchasing Procedures; Property Insurance › Section 496.052. Insurance

Sec. 496.052.  INSURANCE.  (a)  The board may purchase insurance to protect the department from loss due to the damage, loss, theft, or destruction of department aircraft.
(b)  Insurance purchased by the board under this section must be on a form approved by the State Board of Insurance.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 495.052 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.027, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 496 - Land and Property › Subchapter C. Management of Property › Section 496.101. Automated Inventory and Maintenance System

Sec. 496.101.  AUTOMATED INVENTORY AND MAINTENANCE SYSTEM.  (a)  As funds are appropriated for that purpose, the department shall establish for each facility of the department an automated inventory and maintenance system that interacts with the centralized computer system of the department.
(b)  The system must maintain inventory records for parts and supplies control, monitor preventive maintenance and warranty schedules for equipment, estimate time standards for maintenance jobs, and organize a work order control process.
Added by Acts 1993, 73rd Leg., ch. 238, Sec. 4.02, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.028, eff. Sept. 1, 1995.