reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.017. Privacy of Examinations; Service of Process

Sec. 352.017.  PRIVACY OF EXAMINATIONS;  SERVICE OF PROCESS.  (a)  In a proceeding under this subchapter, the county fire marshal may:
(1)  conduct an investigation or examination in private;
(2)  exclude a person who is not under examination;  and
(3)  separate witnesses from each other until each witness is examined.
(b)  Service of process required by this subchapter shall be made by a peace officer and shall be signed by the county fire marshal or the fire marshal's deputy.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 371, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.018. Effect on Civil Actions

Sec. 352.018.  EFFECT ON CIVIL ACTIONS.  (a)  An action taken by a county fire marshal in the investigation of a fire does not affect the rights of a policyholder or of any company regarding a loss caused by the fire.
(b)  The result of an investigation by the county fire marshal of a fire may not be admitted in evidence in the trial of a civil action brought under the insurance policy.
(c)  The statement of an insurance company, the company's officers, agents, or adjusters, or of a policyholder or the policyholder's representative, that is made to the county fire marshal or his representative with respect to the origin or cause or supposed origin or cause of the fire may not be admitted in evidence in or made the basis of a civil action for damages.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.020. Liability

Sec. 352.020.  LIABILITY.  The county fire marshal and the assistants and employees of the office are not liable in damages for any acts or omissions in the performance of their duties except in cases of gross negligence or wilful malfeasance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.021. Contempt of Fire Investigation Proceedings

Sec. 352.021.  CONTEMPT OF FIRE INVESTIGATION PROCEEDINGS.  (a)  A person commits an offense if the person is a witness in connection with an investigation under Section 352.015 and refuses to be sworn, refuses to appear and testify, or fails and refuses to produce before the county fire marshal any book, paper, or other document relating to any matter under investigation if called on by the marshal to do so.
(a-1)  A person commits an offense if the person is the owner of property subject to an investigation under Section 352.015 and the person refuses to be sworn, refuses to appear and testify, or fails and refuses to produce before the county fire marshal any book, paper, or other document relating to any matter under investigation if called on by the marshal to do so.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $2,000.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 371, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 960 (H.B. 1634), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.022. Penalty for Failure to Comply With Order

Sec. 352.022.  PENALTY FOR FAILURE TO COMPLY WITH ORDER.  An owner or occupant who is subject to an order issued under Section 352.016 or 352.0165 commits an offense if that person fails to comply with the order.  Each refusal to comply is a separate offense.  The offense is a Class B misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted two or more times under this section, in which event the offense is a state jail felony.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 371, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 473 (S.B. 504), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.023. Exemption

Sec. 352.023.  EXEMPTION.  This subchapter does not apply to a state agency that is authorized to prevent and extinguish forest and grass fires.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter D. Outdoor Burning › Section 352.082. Outdoor Burning of Household Refuse in Certain Residential Areas

Sec. 352.082.  OUTDOOR BURNING OF HOUSEHOLD REFUSE IN CERTAIN RESIDENTIAL AREAS.  (a)  This section applies only to the unincorporated area of a county:
(1)  that is adjacent to a county with a population of 3.3 million or more; and
(2)  in which a planned community is located that has 20,000 or more acres of land, that was originally established under the Urban Growth and New Community Development Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to restrictive covenants containing ad valorem or annual variable budget based assessments on real property.
(b)  In this section, "neighborhood" and "refuse" have the meanings assigned by Section 343.002, Health and Safety Code.
(c)  A person commits an offense if the person intentionally or knowingly burns household refuse outdoors on a lot that is:
(1)  located in a neighborhood; or
(2)  smaller than five acres.
(d)  An offense under this section is a Class C misdemeanor.  On conviction of an offense under this section, the court shall require the defendant, in addition to any fine, to perform community service as provided by Article 42A.304(e), Code of Criminal Procedure.
Added by Acts 2005, 79th Leg., Ch. 904 (H.B. 39), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.78, eff. January 1, 2017.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.111. Gated Community or Housing Project Subject to Subchapter

Sec. 352.111.  GATED COMMUNITY OR HOUSING PROJECT SUBJECT TO SUBCHAPTER.  This subchapter applies only to a gated community, or to a multi-unit housing project that controls access to the project by a pedestrian or vehicular gate, located outside municipal boundaries in an area not already subject to municipal regulations regarding vehicular or pedestrian gates.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 681 (S.B. 200), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.112. Definitions

Sec. 352.112.  DEFINITIONS.  In this subchapter:
(1)  "Gated community" means a residential subdivision or housing development with a vehicular or pedestrian gate that contains two or more dwellings not under common ownership.  The term does not include a multi-unit housing project.
(2)  "Multi-unit housing project" means an apartment, condominium, or townhome project that contains two or more dwelling units.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 681 (S.B. 200), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.113. County Authority to Regulate Vehicular or Pedestrian Gates to Gated Communities and Multi-Unit Housing Projects

Sec. 352.113.  COUNTY AUTHORITY TO REGULATE VEHICULAR OR PEDESTRIAN GATES TO GATED COMMUNITIES AND MULTI-UNIT HOUSING PROJECTS.  To assure reasonable access for fire-fighting vehicles and equipment, emergency medical services vehicles, and law enforcement officers, a county may require the owner or the owners association of a gated community or multi-unit housing project to comply with this subchapter.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 681 (S.B. 200), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.114. Lockbox Requirements

Sec. 352.114.  LOCKBOX REQUIREMENTS.  (a)  Each vehicular gate to the gated community or multi-unit housing project must have a lockbox within sight of the gate and in close proximity outside the gate.  The lockbox at all times must contain a key, card, or code to open the gate or a key switch or cable mechanism that overrides the key, card, or code that normally opens the gate and allows the gate to be opened manually.
(b)  If there are one or more pedestrian gates, at least one pedestrian gate must have a lockbox within sight of the gate and in close proximity outside the gate.  The lockbox at all times must contain a key, card, code, key switch, or cable mechanism to open the gate.
(c)  If different pedestrian gates are operated by different keys, cards, or codes, the lockbox must contain:
(1)  each key, card, or code, properly labeled for its respective gate;  or
(2)  a single master key, card, or code or a key switch or cable mechanism that will open every gate.
(d)  Access to a lockbox required by this section shall be limited to a person or agency providing fire-fighting or emergency medical services or law enforcement for the county.
(e)  If a gate is powered by electricity, it must be possible to open the gate without a key, card, code, or key switch if the gate loses electrical power.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 681 (S.B. 200), Sec. 5, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.1145. Siren-Operated Sensor Systems for Electric Gates

Sec. 352.1145.  SIREN-OPERATED SENSOR SYSTEMS FOR ELECTRIC GATES.  The commissioners court of a county by order may require that each electric gate to a gated community or multiunit housing project be equipped with a gate-operating device that:
(1)  is approved by the county fire marshal or other similar authority having jurisdiction over fire prevention; and
(2)  will activate the electric gate on the sounding of an emergency vehicle siren.
Added by Acts 2009, 81st Leg., R.S., Ch. 620 (H.B. 1063), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.115. Additional Accessibility Requirements

Sec. 352.115.  ADDITIONAL ACCESSIBILITY REQUIREMENTS.  (a)  In a gated community or multi-unit housing project that has one or more vehicular gates:
(1)  at least one vehicular gate must be wide enough for fire-fighting vehicles, fire-fighting equipment, emergency medical services vehicles, or law enforcement vehicles to enter; and
(2)  at least one driveway apron or entrance from the public right-of-way must be free of permanent obstacles that might impede entry by a vehicle or equipment listed in Subdivision (1).
(b)  The county fire marshal or other authority shall waive the vehicular gate width requirements of Subsection (a) for a multi-unit housing project completed before January 1, 2002, if the requirements cannot readily be met because of space limitations or excessive cost.  For purposes of this subsection, $6,000 per entrance based on the value of the dollar on January 1, 2000, is considered an excessive cost for expanding gate width and achieving an obstacle-free driveway apron or entrance.
(c)  A pedestrian gate in a gated community or multi-unit housing project must be located so as to provide firefighters, law enforcement officers, and other emergency personnel reasonable access to each building.
(d)  This section does not require a multi-unit housing project to have a vehicular gate or a pedestrian gate.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 681 (S.B. 200), Sec. 6, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.116. Building Identification

Sec. 352.116.  BUILDING IDENTIFICATION.  A county may require each residential building in a multi-unit housing project to have a number or letter in a contrasting color on the side of the building and placed so that the number or letter can be seen from the vehicular driving areas by a responding emergency agency.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.117. County Authority to Require Permit

Sec. 352.117.  COUNTY AUTHORITY TO REQUIRE PERMIT.  (a)  A county may require the owner or the owners association of a gated community or multi-unit housing project to obtain a permit from the county fire marshal or other authority with fire-fighting jurisdiction in the county to ensure compliance with this subchapter.
(b)  A permit may be issued under this subchapter only if the requirements of this subchapter and standards adopted under this subchapter are met.
(c)  To pay for the cost of administering the permits, the county may collect a one-time fee not to exceed $50 from each person to whom a permit is issued under this section.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 681 (S.B. 200), Sec. 7, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.118. Suspension or Revocation of License

Sec. 352.118.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  A permit issued under this subchapter may be suspended or revoked for violation of this subchapter or a regulation adopted under this subchapter after notice and a hearing on a complaint by the county fire marshal or other authority having jurisdiction for fire fighting, emergency medical service, or law enforcement.  The hearing shall be held by the commissioners court of the county or by a person or entity designated by the commissioners court.
(b)  A permit may be reinstated or a new permit issued if each violation that is a ground of the complaint is corrected within the time prescribed by the entity that holds the hearing.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.119. Limitation on Specific County Standards

Sec. 352.119.  LIMITATION ON SPECIFIC COUNTY STANDARDS.  (a)  A county may not impose under this subchapter specific standards relating to vehicular gate widths, obstacle-free driveway aprons or entrances, pedestrian gate locations, or building numbers that exceed the requirements for new gated communities or new multi-unit housing projects contained in the municipal ordinances of:
(1)  the municipality within whose extraterritorial jurisdiction the gated community or multi-unit housing project is located; or
(2)  the municipality nearest, on a straight line, to the boundary of the gated community or multi-unit housing project, if the community or project is not within the extraterritorial jurisdiction of a municipality.
(b)  The county fire marshal or other authority with fire-fighting jurisdiction may adopt reasonable standards relating to vehicular gate width, obstacle-free driveway aprons or entrances, pedestrian gate locations, and building numbers if the appropriate municipality described by Subsection (a) has not adopted applicable standards.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 681 (S.B. 200), Sec. 8, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter E. Gated Communities and Multi-Unit Housing Projects › Section 352.120. Offense

Sec. 352.120.  OFFENSE.  A person who violates this subchapter or a regulation adopted under this subchapter in a county that requires compliance with this subchapter under Section 352.113 commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 111, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 353 - County Hazardous Materials Services › Section 353.001. Definitions

Sec. 353.001.  DEFINITIONS.  In this chapter:
(1)  "Concerned party" means a person:
(A)  involved in the possession, ownership, or transportation of a hazardous material that is released or abandoned; or
(B)  who has legal liability for the causation of an incident resulting in the release or abandonment of a hazardous material.
(2)  "Hazardous material" means a flammable material, an explosive, a radioactive material, a hazardous waste, a toxic substance, or related material, including a substance defined as a "hazardous substance," "hazardous material," "toxic substance," or "solid waste" under:
(A)  the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.);
(B)  the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.);
(C)  the federal Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.);
(D)  the federal Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); or
(E)  Chapter 361, Health and Safety Code.
Added by Acts 2005, 79th Leg., Ch. 930 (H.B. 580), Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 33, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 353 - County Hazardous Materials Services › Section 353.002. Applicability

Sec. 353.002.  APPLICABILITY.  This chapter applies to an incident involving hazardous material that has been leaked, spilled, released, or abandoned on any property.
Added by Acts 2005, 79th Leg., Ch. 930 (H.B. 580), Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 33, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 353 - County Hazardous Materials Services › Section 353.003. Hazardous Materials Services

Sec. 353.003.  HAZARDOUS MATERIALS SERVICES.  (a)  A county may provide hazardous materials services, including a response to an incident involving hazardous material that has been leaked, spilled, released, or abandoned, if:
(1)  the county first provides reasonable notice to a concerned party regarding the need for the hazardous materials services so that the concerned party has a reasonable opportunity to respond to the incident involving hazardous material; and
(2)  the concerned party fails to respond or fails to respond in a timely and effective manner to the incident.
(b)  A county may provide limited control and containment measures that are necessary to protect human health and the environment without first complying with the requirements of Subsection (a) if the county is the first entity to arrive at a site where an incident involving hazardous material has occurred that is prepared to take action in response to the incident.
(c)  If the hazardous material is natural gas released from an underground facility as defined by Section 251.002, Utilities Code, the county:
(1)  must comply with the requirements of Section 251.159, Utilities Code; and
(2)  may not operate any equipment or other controls or devices at the underground facility without the express permission of the operator of the facility.
Added by Acts 2005, 79th Leg., Ch. 930 (H.B. 580), Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 33, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 353 - County Hazardous Materials Services › Section 353.004. Fee for Providing Hazardous Materials Service; Exception

Sec. 353.004.  FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE; EXCEPTION.  (a)  A county, or a person authorized by contract on the county's behalf, may charge a reasonable fee, including a fee to offset the cost of providing control and containment measures under Section 353.003(b), to a concerned party for responding to a hazardous materials service call.
(b)  A county, or a person authorized by contract on the county's behalf, may charge a fee for providing hazardous materials services under Section 353.003(a) only if the county has complied with the requirements of that subsection.  A concerned party is not liable for a fee associated with the county's hazardous materials services under Section 353.003(a) or a fee to offset the cost of providing control and containment measures under Section 353.003(b) if the county provides hazardous materials services under Section 353.003(a) and the county does not provide notice as required by Section 353.003(a)(1).
(c)  An individual who is a concerned party does not have to pay a fee under this section if:
(1)  the individual is not involved in the possession, ownership, or transportation of the hazardous material as the employee, agent, or servant of another person;
(2)  the individual is involved solely for private, noncommercial purposes related to the individual's own property and the individual receives no compensation for any services involving the hazardous materials; and
(3)  the hazardous materials possessed, owned, or being transported by the individual are in forms, quantities, and containers ordinarily available for sale as consumer products to members of the general public.
Added by Acts 2005, 79th Leg., Ch. 930 (H.B. 580), Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 33, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 353 - County Hazardous Materials Services › Section 353.005. Exemption for Governmental Entities

Sec. 353.005.  EXEMPTION FOR GOVERNMENTAL ENTITIES.  This chapter does not apply to hazardous materials owned or possessed by a governmental entity.
Added by Acts 2005, 79th Leg., Ch. 930 (H.B. 580), Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 33, eff. September 1, 2005.
2023 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 A. Criminal Justice Center in Certain Municipalities and Counties › Section 361.001. Municipalities and Counties Covered by Subchapter

Sec. 361.001.  MUNICIPALITIES AND COUNTIES COVERED BY SUBCHAPTER.  This subchapter applies only to:
(1)  a municipality that has a population of more than 17,500 and is not the county seat;  and
(2)  the county in which that municipality is located.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 A. Criminal Justice Center in Certain Municipalities and Counties › Section 361.002. Criminal Justice Center; Office Restriction Inapplicable

Sec. 361.002.  CRIMINAL JUSTICE CENTER;  OFFICE RESTRICTION INAPPLICABLE.  (a)  The municipality and county jointly or severally may own, construct, equip, enlarge, and maintain as a criminal justice center one or more buildings located in the municipality.
(b)  The criminal justice center must provide public facilities related or incidental to the administration of criminal justice and may include:
(1)  accommodations for the handling, processing, and detention of prisoners;
(2)  offices for state, county, and municipal administrative and judicial officials;
(3)  courtrooms;  and
(4)  parking facilities.
(c)  A county officer may maintain office facilities in the criminal justice center in addition to any office facilities maintained at the county seat, notwithstanding Section 291.002 or any other law that restricts the location of county offices to the county seat of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 A. Criminal Justice Center in Certain Municipalities and Counties › Section 361.003. Contract Provisions Relating to Joint Center

Sec. 361.003.  CONTRACT PROVISIONS RELATING TO JOINT CENTER.  (a)  If the municipality and county agree to jointly provide a criminal justice center, they may specify by contract the purposes, terms, rights, and responsibilities of each of the parties, including the:
(1)  amount of money to be contributed by each party for land acquisition costs, building acquisition costs, construction costs, and equipment costs, or the proportionate amount of those costs that each party is to pay;
(2)  method or methods by which that money is to be provided;
(3)  account or accounts in which the money is to be deposited;
(4)  party that is to award construction contracts and other contracts, or that the contracts are to be awarded by action of both parties;  and
(5)  manner by which disbursements of the money are to be authorized.
(b)  The municipality and county may specify in the contract that the money required to meet the costs of providing the center shall be derived:
(1)  from current income and funds on hand that are budgeted by the municipality and county for that purpose;
(2)  through the issuance of bonds by either or both of them under the procedures prescribed for the issuance of general obligation bonds for other public buildings and purposes;
(3)  by the issuance by either or both of them of certificates of obligation under the Certificate of Obligation Act of 1971 (Subchapter C, Chapter 271);  or
(4)  through a combination of those methods.
(c)  Instead of or in combination with the use of taxing power in the payment of bonds or certificates of obligation issued under Subsection (b), those bonds or certificates may be payable from and secured by income derived from the facilities of the criminal justice center, including income from leases and from the proceeds of parking or other fees.
(d)  The contract may provide for the creation of an administrative agency or may designate one of the parties to supervise the accomplishment of the purposes of the contract and to operate and maintain the criminal justice center.  The administrative agency or designated party may employ personnel and may engage in other administrative activities as necessary to accomplish the purposes of the contract and to operate and maintain the criminal justice center.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 A. Criminal Justice Center in Certain Municipalities and Counties › Section 361.004. Grants and Loans

Sec. 361.004.  GRANTS AND LOANS.  To finance the facilities of the criminal justice center, the municipality or county jointly or severally may accept grants, gratuities, advances, and loans from the United States, this state, an agency of this state, a private or public corporation, or any other person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 361.021. Definition

Sec. 361.021.  DEFINITION.  In this subchapter, "law" means a state statute, a written opinion of a court of record, a municipal ordinance, an order of the commissioners court of a county, or a rule adopted under a statute.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 361.022. Contract to Provide Justice Center

Sec. 361.022.  CONTRACT TO PROVIDE JUSTICE CENTER.  (a)  A county in this state and a municipality in that county, both of which are located on the state line, may contract with an adjoining county of the other state and any municipality in that county for the joint construction, financing, operation, and management of a justice center located on the state line.  The municipality in this state need not be the county seat of the county.
(b)  The contract may provide that the justice center contain:
(1)  courtrooms and office space needed by municipal, justice, county, district, and appellate courts;
(2)  jail, lockup, jail annex, and other detention facilities;
(3)  federal, county, precinct, and municipal offices for prosecuting attorneys and other personnel as needed;
(4)  adult or juvenile probation offices;
(5)  other offices that either county or either municipality is separately authorized or required to operate or provide;  or
(6)  parking facilities, dining areas, and other facilities incidental to the operation of the center.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 17, Sec. 1, eff. April 2, 1993.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 120,000 to 123,000 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.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 182, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.