reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter F. County Contract With Private Entity for Jail Facilities › Section 351.102. Additional Authority to Contract

Sec. 351.102.  ADDITIONAL AUTHORITY TO CONTRACT.  The commissioners court of a county may contract with a private vendor to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management of a jail, detention center, work camp, or related facility.  The commissioners court may not award a contract under this section unless the commissioners court requests proposals by public notice and not less than 30 days from such notice receives a proposal that meets or exceeds the requirements specified in the request for proposals.  Before the commissioners court of a county enters into a contract under this section, the commissioners court of the county must receive the written approval of the sheriff of the county, which written approval shall not be unreasonably withheld, or if the county has a population of 2.8 million or more:
(1)  consult with the sheriff regarding the feasibility of ensuring that all services provided under the contract are required to meet or exceed standards set by the Commission on Jail Standards; or
(2)  receive the written approval of the sheriff of the county, which written approval shall not be unreasonably withheld.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 479, Sec. 2, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 318, Sec. 73, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 667 (H.B. 1544), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter F. County Contract With Private Entity for Jail Facilities › Section 351.103. Contract Requirements

Sec. 351.103.  CONTRACT REQUIREMENTS.  A contract made under Section 351.102 must:
(1)  if the contract includes operation or management of the facility by the private vendor, require the private vendor to operate the facility in compliance with minimum standards adopted by the Commission on Jail Standards and receive and retain a certification of compliance from the commission;
(2)  if the contract includes operation or management of the facility by the private vendor, provide for regular, on-site monitoring by the sheriff;
(3)  if the contract includes construction, require a performance bond approved by the commissioners court that is adequate and appropriate for the proposed construction contract;
(4)  provide for assumption of liability by the private vendor for all claims arising from the services performed under the contract by the private vendor;
(5)  if the contract includes operation or management of the facility by the private vendor, provide for an adequate plan of insurance for the private vendor and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights, arising from the services performed under the contract by the private vendor;
(6)  if the contract includes operation or management of the facility by the private vendor, provide for a plan for the purchase and assumption of operations by the county in the event of the bankruptcy of the private vendor;
(7)  if the contract includes operation or management of the facility by the private vendor and if the contract involves conversion of an existing county facility to private vendor operation, require the private vendor to give preferential consideration in hiring to employees at the existing facility who meet or exceed the company's qualifications and standards for employment in available positions;
(8)  if the contract includes operation or management of the facility by the private vendor, require the private vendor to provide health care benefits comparable to that of the county;
(9)  provide for an adequate plan of insurance to protect the county against all claims arising from the services performed under the contract by the private vendor and to protect the county from actions by a third party against the private vendor, its officers, guards, employees, and agents as a result of the contract;  and
(10)  if the contract includes operation or management of the facility by the private vendor, contain comprehensive standards for conditions of confinement.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 479, Sec. 3, eff. Aug. 28, 1989;  Acts 1999, 76th Leg., ch. 1299, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter F. County Contract With Private Entity for Jail Facilities › Section 351.104. Sovereign Immunity Inapplicable

Sec. 351.104.  SOVEREIGN IMMUNITY INAPPLICABLE.  A private vendor operating under a contract authorized by Section 351.102 is not entitled to claim sovereign immunity in a suit arising from the services performed under the contract by the private vendor.  However, this section does not deprive the private vendor or the county of any benefits of any law limiting exposure to liability, setting a limit on damages, or establishing defenses to liability.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.121. Definitions

Sec. 351.121.  DEFINITIONS.  In this subchapter:
(1)  "Board" means the board of directors of the district.
(2)  "Cooperating county" means a county that has contracted with one or more other counties for the joint operation of a jail facility under Subchapter B and that has agreed to the creation of the district.
(3)  "Director" means a member of the board.
(4)  "District" means a jail district.
(5)  "Jail facility" includes a juvenile detention facility.
(6)  "Receiving county" means a county in which a jail facility constructed, acquired, or improved by the district is located and to which the facility is to be conveyed.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.122. Eligible Counties; Purpose; Boundaries

Sec. 351.122.  ELIGIBLE COUNTIES;  PURPOSE;  BOUNDARIES.  (a)  A jail district may be created by a county or by two or more counties that have contracted with one another for the joint operation of a jail under Subchapter B.
(b)  A jail district may be created to finance and effect the construction, acquisition, or improvement of a jail facility to serve the county or counties comprising the district.
(c)  A district is composed of the area of the county or cooperating counties that created the district.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.123. Petition

Sec. 351.123.  PETITION.  (a)  To create a district, a petition requesting creation of the district must be filed with the county clerk's office of each county in the proposed district.
(b)  Each petition must be signed by at least 10 percent of the registered voters in the county in which the petition is filed.
(c)  Each petition must be certified as valid by the county clerk of the county in which the petition is filed.  On certification, the county clerk shall forward the petition to the commissioners court of that county.
(d)  A petition for creation of a district must include:
(1)  the name of the proposed district;
(2)  an accurate description of the area where the proposed district is to be located;
(3)  a statement of the purpose for which the district is to be created; and
(4)  a request that the district be created.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.124. Hearing

Sec. 351.124.  HEARING.  (a)  The commissioners court of each county in the proposed district shall consider the petition for creation of the district at a public hearing.
(b)  Within 10 days after the date a petition for the creation of a district is filed, the county judge of a county in the proposed district shall issue an order setting the date of the hearing on the petition by the commissioners court of that county and shall endorse the order on the petition or on a paper attached to the petition.
(c)  After the order is issued, the county clerk shall issue notice of the hearing.
(d)  The hearing on a petition for creation of a district must be held within 45 days after the date the petition is filed with the county clerk.
(e)  A petition may be considered at a regular or a special meeting of a commissioners court of a county in the proposed district.
(f)  The county clerk of a county in which a petition is filed shall prepare notice of the hearing that includes a statement of the purpose for the hearing, a brief description of the location of the proposed district, and the date, time, and place of the hearing on the petition.
(g)  The county clerk shall publish a copy of the notice in a newspaper of general circulation in the county once a week for two consecutive weeks.  The first publication must be made before the 14th day before the date of the hearing.
(h)  At the hearing, a person who owns land or resides in the proposed district may appear and present testimony and evidence to the commissioners court for or against the creation of the district.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.125. Granting or Denying Petition

Sec. 351.125.  GRANTING OR DENYING PETITION.  (a)  Within 10 days after the date of the conclusion of the hearing, the commissioners court holding the hearing shall grant the petition pending approval by the commissioners courts of all other proposed cooperating counties in the district, if any, if it appears from the testimony and evidence presented at the hearing that:
(1)  organization of the district is feasible and practicable;
(2)  there is a public necessity or need for the district; and
(3)  the creation of the district would further the public safety and welfare.
(b)  If the commissioners court is unable to make any one of the findings required by Subsection (a), the commissioners court shall refuse to grant the petition's request for creation of the district.
(c)  If a commissioners court of a county in the proposed district refuses to grant the petition's request for creation of the district, the district may not be created.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.126. Appointment of Temporary Directors

Sec. 351.126.  APPOINTMENT OF TEMPORARY DIRECTORS.  (a)  If the commissioners courts of all counties in the proposed district grant the petition's request for creation of the district, the commissioners court of the county with the greatest population shall appoint three temporary directors and the commissioners court of each other county in the proposed district shall appoint two temporary directors who shall serve until their successors are elected and have qualified for office.
(b)  Within 15 days after the date of appointment, each director shall take the oath of office.
(c)  If a director appointed by a commissioners court fails to qualify or a vacancy occurs in the office of director, the commissioners court that appointed that director shall appoint another person to fill the vacancy for the unexpired term.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.127. Confirmation Election

Sec. 351.127.  CONFIRMATION ELECTION.  (a)  Within 30 days after the date all temporary directors have been appointed and have qualified, the board of a proposed district shall meet and call an election to be held within the boundaries of the proposed district to confirm the creation of the district.
(b)  The board shall give notice of the election.  The notice must state the day and places for holding the election and the proposition to be voted on.
(c)  The board shall publish the notice of the election at least once in a newspaper or newspapers of general circulation in the area of the proposed district.  The notice must be published before the 30th day before the date set for the election.
(d)  The ballot for the election must be printed to provide for voting for or against the proposition: "The creation of the ___________ (name of each county in the proposed district) Jail District."
(e)  Immediately after the election, the presiding judge of each polling place shall make returns of the results to the board, and the board shall canvass the returns and declare the result.
(f)  If a majority of the votes cast at the election favor the creation of the district, the board shall declare that the district is created and shall enter the results in its minutes.
(g)  If a majority of the votes cast at the election are against the creation of the district, the board is abolished except that it shall declare that the district was defeated and shall enter the results in its minutes.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.128. Bond and Tax Proposition

Sec. 351.128.  BOND AND TAX PROPOSITION.  (a)  At an election to confirm the creation of a district, the board may include a proposition to approve the issuance of bonds and the levy of a property tax by the district.
(b)  The board must include in any bond and tax proposition the maximum amount of bonds to be issued, their maximum maturity date, and the maximum rate of the tax that may be levied.
(c)  The proposition to issue bonds and levy a tax must be included in the same proposition presented to the registered voters to confirm the creation of the district.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.129. Board of Directors

Sec. 351.129.  BOARD OF DIRECTORS.  (a)  The district is governed by a board of directors composed of three directors from the county in the district with the greatest population and two directors from every other county in the district.  The board shall manage and control the district and shall administer and implement this subchapter.
(b)  Directors shall be elected as provided by this subchapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.130. Method of Election; Staggered Terms; Term of Office; Election Date

Sec. 351.130.  METHOD OF ELECTION;  STAGGERED TERMS;  TERM OF OFFICE;  ELECTION DATE.  (a)  Two directors shall be elected from each county in the district, except that three directors shall be elected from the county in the district with the greatest population.
(b)  At the initial election of directors, the director elected from each county in the district who receives the higher number of votes serves for a term of two years, and the other director or directors serve for a term of one year.
(c)  The initial election of directors must be held on the third Saturday in May of the year following creation of the district.  After the initial election of directors, an election shall be held in each county in the district on the third Saturday in May each year and successor directors shall be elected for a two-year term.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.131. Oath; Compensation; Officers; Quorum

Sec. 351.131.  OATH;  COMPENSATION;  OFFICERS;  QUORUM.  (a)  Each director shall take the constitutional oath of office.
(b)  Each director is entitled to receive compensation in an annual amount not to exceed the salary of the highest paid county judge from the counties in the district, as determined by the commissioners court of the receiving county.
(c)  At the first board meeting after the appropriate number of directors are elected and have qualified for office by taking the oath, the directors shall select from their number one person to serve as chairman, one person to serve as vice-chairman, and one person to serve as secretary.  If the district is composed of one county, the person who serves as vice-chairman shall also perform the duties of the secretary.  The chairman shall preside over meetings of the board, and in his absence, the vice-chairman shall preside.  The chairman, vice-chairman, and secretary shall perform the duties and may exercise the powers specifically given them in this subchapter or in orders of the board.
(d)  A majority of the directors constitutes a quorum for the transaction of business of the district, but no official act of the board is valid without the affirmative vote of a majority of the directors.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.132. General Manager; Employees

Sec. 351.132.  GENERAL MANAGER;  EMPLOYEES.  (a)  The board shall employ a general manager to serve as the chief administrative officer of the district.  The board may delegate to the general manager full authority to manage the affairs of the district subject only to orders of the board.
(b)  The general manager shall execute a bond. The bond must be in an amount determined by the board, payable to the district, and conditioned on the faithful performance of the general manager's duties.  The district shall pay for the bond.
(c)  The general manager is entitled to receive compensation in an annual amount not to exceed the salary of the highest paid county judge from the counties in the district, as provided in the district's budget.
(d)  The general manager shall employ persons necessary for the proper handling of the business and operation of the district.
(e)  The board shall determine the terms of employment of and the compensation to be paid to those employees.
(f)  The general manager or a majority of the directors may dismiss an employee of the district.
(g)  The board shall require each employee who collects, pays, or handles any funds of the district to furnish a bond.  The bond must be payable to the district, in an amount sufficient to protect the district from financial loss resulting from actions of the employee, and conditioned on the faithful performance of the employee's duties and on accounting for all money and property of the district in the employee's hands.  The district shall pay for each bond.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.133. District Office; Meetings; Minutes; Records; Seal

Sec. 351.133.  DISTRICT OFFICE;  MEETINGS;  MINUTES;  RECORDS;  SEAL.  (a)  The board shall maintain a main office in the district for conducting the business of the district.  The board shall maintain any other offices and stations necessary to carry out this subchapter.
(b)  The board shall hold regular meetings at the main office at least once each month on a date established by rule of the board.
(c)  The board shall keep a complete written account of all its meetings and other proceedings, and shall maintain the records of the district in a secure manner.
(d)  Records of the district are subject to Chapter 552, Government Code.
(e)  The board shall adopt a seal for the district.
(f)  The preservation, microfilming, destruction, or other disposition of the records of the district is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 7, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.134. Contracts; Suits; Payment of Judgment; Insurance

Sec. 351.134.  CONTRACTS;  SUITS;  PAYMENT OF JUDGMENT;  INSURANCE.  (a)  The board may enter into contracts as provided by this subchapter and shall execute those contracts in the name of the district.
(b)  The district may, through its board, sue and be sued in any court of this state in the name of the district.  Service of process may be made by serving the general manager.  The courts of this state shall take judicial notice of the creation of the district.
(c)  A court of this state that renders a money judgment against the district may require the board to pay the judgment from the money of the district.
(d)  The board may purchase insurance insuring the district and its employees against any liability incurred under this subchapter and may purchase insurance coverage to cover losses of district property.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.135. General Powers

Sec. 351.135.  GENERAL POWERS.  To carry out this subchapter, the district may:
(1)  apply for, accept, receive, and administer gifts, grants, loans, and other funds available from any source;
(2)  enter into contracts with the federal government and its agencies, this state and its agencies, local governmental entities including the county, and private entities;
(3)  conduct, request, and participate in studies, investigations, and research relating to providing a jail facility; and
(4)  advise, consult, and cooperate with the federal government and its agencies, the state and its agencies, local governmental entities including the county, and private entities.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.136. Acquisition of Property for Site; Lease; Eminent Domain

Sec. 351.136.  ACQUISITION OF PROPERTY FOR SITE;  LEASE;  EMINENT DOMAIN.  (a)  The district may acquire by gift, grant, purchase, or condemnation any land, easements, rights-of-way, and other property interests necessary to construct or improve a jail facility.
(b)  The district may lease property on terms and conditions the board determines advantageous to the district.
(c)  The district may acquire land for a jail facility by condemnation if the board determines, after notice and hearing, that it is necessary.  The right of eminent domain must be exercised in the manner provided by Chapter 21, Property Code, except that the district is not required to give bond for appeal or bond for costs in a condemnation suit or other suit to which it is a party and is not required to deposit double the amount of any award in any suit.
(d)  If the district, in the exercise of the power of eminent domain, makes necessary the relocation, raising, lowering, rerouting, or changing in grade or alteration of the construction of any highway, railroad, electric transmission or distribution line, telephone or telegraph properties and facilities, or pipeline, all necessary relocations, raising, lowering, rerouting, changing in grade, or alteration of construction shall be accomplished at the sole expense of the district.  "Sole expense" means the actual cost of relocation, raising, lowering, rerouting, or changing in grade or alteration of construction to provide comparable replacement without enhancement of facilities, after deducting the net salvage value derived from the old facility.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.137. Construction Contracts

Sec. 351.137.  CONSTRUCTION CONTRACTS.  (a)  The district may contract with any person to construct or improve any part of a jail facility.
(b)  Construction contracts requiring an expenditure of more than $50,000 may be made only after competitive bidding as provided by Subchapter B, Chapter 271.
(c)  After a construction contract is awarded, if the district determines that additional work is needed or if the character or type of work, facilities, or improvements should be changed, the board may authorize change orders to the contract on terms the board approves. The board may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of $50,000 or less. A change made under this subsection may not increase or decrease the total cost of the contract by more than 25 percent.
(d)  A construction contract must contain or have attached to it the specifications, plans, and details for work included in the contract, and work shall be done according to those plans and specifications under the supervision of the district.
(e)  A construction contract must be in writing and signed by an authorized representative of the district and the contractor.
(f)  The contract is a record of the district and is subject to Sections 351.133(c) and (d).
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 18, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 12, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.138. Contractor's Bond

Sec. 351.138.  CONTRACTOR'S BOND.  (a)  A contractor shall execute a bond.  The bond must be in an amount determined by the board, not to exceed the contract price, payable to the district, approved by the board, and conditioned on the faithful performance of the obligations, agreements, and covenants of the contract.
(b)  The bond must provide that if the contractor defaults on the contract, the contractor will pay to the district all damages sustained as a result of the default.  The district shall deposit the bond in its depository and shall keep a copy of the bond in its main office.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.139. Monitoring Construction Work

Sec. 351.139.  MONITORING CONSTRUCTION WORK.  (a)  Until a jail facility is conveyed to a receiving county under Section 351.141, the board has control of any construction, acquisition, or improvement of the jail facility for which it has contracted.  The board shall determine whether or not the contract is being fulfilled.
(b)  The board shall have the construction work inspected by engineers, inspectors, or other personnel of the district.
(c)  During the progress of the construction work, the employees inspecting the work shall submit to the board written reports that show whether or not the contractor is complying with the contract.
(d)  On completion of construction work, the employees inspecting the work shall submit to the board a final detailed written report including information necessary to show whether or not the contractor has fully complied with the contract.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.140. Payment for Construction Work

Sec. 351.140.  PAYMENT FOR CONSTRUCTION WORK.  (a)  The district shall make monthly progress payments under construction contracts as the work proceeds or at more frequent intervals as determined by the board.
(b)  If requested by the board, the contractor shall furnish an analysis of the total contract price showing the amount included for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments.
(c)  In making progress payments, the district shall retain 10 percent of the estimated amount until final completion and acceptance of the contract work.  However, if the board, at any time after 50 percent of the work has been completed, finds that satisfactory progress is being made, it may authorize any of the remaining progress payments to be made in full.  Also, if the work is substantially complete, the board, if it finds the amount retained to be in excess of the amount adequate for the protection of the district, may release to the contractor all or a part of the excess amount.
(d)  On completion and acceptance of each separate project, work, or other division of the contract on which the price is stated separately in the contract, payment may be made without retention of a percentage.
(e)  When construction work is completed according to the terms of the contract, the board shall draw a warrant on the depository to pay any balance due on the contract.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.141. Final Approval and Conveyance by Board

Sec. 351.141.  FINAL APPROVAL AND CONVEYANCE BY BOARD.  (a)  On receiving the final construction inspection report, the board shall give notice and schedule a public hearing to determine whether the jail facility is complete as specified in the district's plans and in the contract.
(b)  At the hearing, the board may require the presentation of any additional information or testimony necessary to make a determination, and the receiving county, if any, may have its representative attend the hearing and present any information and testimony that the receiving county considers necessary.
(c)  At the conclusion of the hearing, if the board determines that the work on the jail facility is complete, the board shall pass a resolution to convey the jail facility to the receiving county subject to the requirements of this subchapter if the jail facility is not already owned by the receiving county.  The board shall file a copy of the resolution, together with the instrument of conveyance, with the clerk of the receiving county.
(d)  The jail district shall make any conveyance of a jail facility to a receiving county as provided by this subchapter free of all interest and indebtedness of the district.
(e)  If the board determines that the work on the jail facility has not been completed satisfactorily, the board shall take necessary actions to have the jail facility completed as required by the district's plans, the contract, and the receiving county.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.142. Responsibilities of Receiving County

Sec. 351.142.  RESPONSIBILITIES OF RECEIVING COUNTY.  (a)  On completion and approval by the board of the construction or the acquisition and any improvement of a facility constructed or acquired by a jail district under this subchapter and on written approval by the receiving county, the board shall convey the facility to the receiving county.
(b)  A receiving county to which a jail facility is conveyed is the owner of the jail facility and is responsible for all operation, maintenance, upkeep, and administration of the jail facility.  The district will have no further responsibility for the jail facility.  This section does not limit or change the authority of the receiving county to alter, relocate, close, or discontinue operation or maintenance of the jail facility as provided by law.
(c)  Conveyance of a jail facility to a receiving county under this section does not affect the duties and responsibilities of the district to pay in full the principal of and the premium, if any, and interest on any outstanding bonds or other indebtedness of the district and to observe and perform the covenants, obligations, or conditions provided by the orders or resolutions authorizing the bonds or other indebtedness.  Notwithstanding the conveyance of a jail facility to a receiving county under this section, the district is solely responsible and liable for payment in full of the principal of and the premium and interest on any bonds or other indebtedness of the district.
(d)  A written protest alleging that the jail facility does not comply with the district's plans and written approval of the receiving county may be submitted to the board by the receiving county or a municipality in which the jail facility is located before or during the public hearing scheduled under Section 351.141.  On receipt of a protest, the board may delay the facility conveyance until the district fully complies with the plans and written approvals.
(e)  This subchapter does not prevent the conveyance of a part of the jail facility proposed to be constructed or acquired by a district if the district's jail facility is constructed in stages.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.143. Changes and Additions to Facilities

Sec. 351.143.  CHANGES AND ADDITIONS TO FACILITIES.  (a)  Before a jail facility is conveyed to a receiving county, the district may make changes in or additions to the facility if the board determines that the changes or additions are necessary to:
(1)  comply with the requirements of that county and, if the facility is located within the jurisdiction of a municipality, comply with the requirements of the municipality in whose limits or extraterritorial jurisdiction the facility is located; or
(2)  adjust to circumstances or requirements that did not exist at the time the original plans for the facility were approved by the board.
(b)  Before changes or additions are made under this section, the board shall consult with the receiving county regarding the proposed changes.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.144. Contracts for Purchase of Vehicles, Equipment, and Supplies Over $5,000

Sec. 351.144.  CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND SUPPLIES OVER $5,000.  (a)  If the estimated amount of a proposed contract for the purchase of vehicles, equipment, or supplies is more than $15,000, the board shall ask for competitive bids in accordance with the bidding procedures provided by the County Purchasing Act (Subchapter C, Chapter 262) except that the bids shall be presented to the board and the board shall award the contract.
(b)  This section does not apply to purchases of property from public agencies or to contracts for personal or professional services.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 19, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.145. Fiscal Year; Annual Audit; Annual Budget

Sec. 351.145.  FISCAL YEAR;  ANNUAL AUDIT;  ANNUAL BUDGET.  (a)  The district shall be operated on the basis of a fiscal year established by the board.  The fiscal year may not be changed more than once in a 24-month period.
(b)  Annually, the board shall have an audit made of the financial condition of the district.
(c)  The board shall prepare and approve an annual budget.  The budget must contain a complete financial statement, including a statement of the:
(1)  outstanding obligations of the district;
(2)  amount of cash on hand to the credit of each fund of the district;
(3)  amount of money received by the district from all sources during the previous year;
(4)  amount of money estimated to be available to the district from all sources during the ensuing year;
(5)  amount of the balances expected at the end of the year in which the budget is being prepared;
(6)  estimated amount of revenues and balances available to cover the proposed budget; and
(7)  estimated tax rate that will be required.
(d)  The board shall hold a public hearing on the annual budget.  Before the 10th day before the date set for the hearing, the board must publish notice of the hearing in a newspaper of general circulation in the district.
(e)  Any person who owns land or resides in the district is entitled to be present at and participate in the hearing.
(f)  At the conclusion of the hearing, the board shall act on the budget and may make changes in the proposed budget that in its judgment the interests of the taxpayers demand.
(g)  After the annual budget is adopted, the board may amend the budget.
(h)  Money may not be spent for an expense not included in the annual budget or an amendment to it.
(i)  As soon as practicable after the close of the fiscal year, the general manager shall prepare for the board a sworn statement of the amount of money that belongs to the district and an account of the disbursements of that money.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.146. Depository

Sec. 351.146.  DEPOSITORY.  (a)  The board shall name one or more banks to serve as depository for district funds.
(b)  District funds, other than those transmitted to a bank of payment for bonds issued by the district, shall be deposited as received with the depository bank.  This subsection does not limit the power of the board to place a part of the district's funds on time deposit or to purchase certificates of deposit.
(c)  Before the district deposits funds in a bank in an amount that exceeds the maximum amount secured by the Federal Deposit Insurance Corporation, the bank must execute a bond or other security in an amount sufficient to secure from loss the district funds that exceed the amount secured by the Federal Deposit Insurance Corporation.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.147. Investments

Sec. 351.147.  INVESTMENTS.  (a)  Funds of the district may be invested and reinvested by the board or its authorized representative in direct or indirect obligations of the United States, the state, or any county, municipality, school district, or other political subdivision of the state.
(b)  Funds of the district may be placed in certificates of deposit of state or national banks or state or federal savings and loan associations within the state provided that they are secured in the manner provided for the security of the funds of counties of the state.
(c)  The board by resolution may provide that an authorized representative of the district may invest and reinvest the funds of the district and provide for money to be withdrawn from the appropriate accounts of the district for investments on such terms as the board considers advisable.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.148. Repayment of Organizational Expenses

Sec. 351.148.  REPAYMENT OF ORGANIZATIONAL EXPENSES.  (a)  The board may pay all costs and expenses necessarily incurred in the creation and organization of a district, legal fees, and other incidental expenses and may reimburse any person for money advanced for those purposes.
(b)  Payments may be made from money obtained from the sale of bonds first issued by the district or out of operation taxes or other revenues of the district.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.149. Issuance of Bonds

Sec. 351.149.  ISSUANCE OF BONDS.  The board may issue and sell bonds in the name of the district to acquire land to erect a jail facility and to construct, acquire, or improve a jail facility.  The bond proceeds may be used to pay or establish a reasonable reserve to pay not more than three years' interest on the bonds and notes of the district and to pay expenses related to issuance and sale of bonds as provided by the bond orders or resolutions.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.150. Manner of Repayment of Bonds

Sec. 351.150.  MANNER OF REPAYMENT OF BONDS.  The board may provide for the payment of the principal of and interest on the bonds:
(1)  from the levy and collection of ad valorem taxes on all taxable property within the district;
(2)  by pledging all or any part of the designated revenues of the district; or
(3)  from a combination of the sources listed in Subdivisions (1) and (2).
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.151. Bond and Tax Election

Sec. 351.151.  BOND AND TAX ELECTION.  (a)  Bonds secured in whole or in part by taxes may not be issued by the district until the bonds and the taxes are authorized by a majority vote of the registered voters of the district voting at an election called and held for that purpose.
(b)  The board may order a bond and tax election, and the order calling the election must state the nature and the date of the election, the hours during which the polls will be open, the location of the polling places, the amount of bonds and the proposed maximum tax rate to be authorized, and the maximum maturity of the bonds.
(c)  Notice of a bond and tax election must be given as provided by Section 351.127 for confirmation elections.
(d)  At an election to authorize bonds payable wholly from ad valorem taxes, the ballots must be printed to provide for voting for or against the proposition: "The issuance of bonds and the levy of taxes at a maximum rate of _______ for payment of the bonds." At any election to authorize bonds payable from both ad valorem taxes and revenues, the ballots must be printed to provide for voting for or against: "The issuance of bonds and the pledge of net revenues and the levy of ad valorem taxes at a maximum rate of ______ adequate to provide for the payment of the bonds."
(e)  The board shall canvass the returns and declare the results of the election.  If a majority of the votes cast at the election favor the issuance of the bonds and levy of taxes, the bonds may be issued and taxes levied by the board, but if a majority of the votes cast at the election do not favor issuance of the bonds and levy of taxes, the bonds may not be issued and the taxes may not be levied.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter G. Jail District › Section 351.152. Form of Bonds

Sec. 351.152.  FORM OF BONDS.  (a)  A district may issue its bonds in various series or issues.
(b)  Bonds may mature serially or otherwise not more than 50 years from their date and shall bear interest at any rate permitted by the constitution and laws of the state.
(c)  A district's bonds and interest coupons, if any, are investment securities under the terms of Chapter 8 of the Business & Commerce Code and may be issued registrable as to principal or as to both principal and interest and may be made redeemable before maturity at the option of the district or may contain a mandatory redemption provision.
(d)  A district's bonds may be issued in the form, denominations, and manner and under the terms, conditions, and details and shall be signed and executed as provided by the board in the resolution or order authorizing their issuance.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.