reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.253. Petition

Sec. 344.253.  PETITION.  (a)  A petition for a referendum to continue a district must contain:
(1)  the heading:  "Petition for a Local Option Referendum to Continue the ____________ (name of the municipality that created the district) Fire Control, Prevention, and Emergency Medical Services District and to Continue the Fire Control, Prevention, and Emergency Medical Services District Sales and Use Tax";
(2)  a statement of the issue to be voted on in the same words used in the application;
(3)  immediately above the signatures of the petitioners, the statement:  "It is the purpose and intent of the petitioners whose signatures appear below that the fire control, prevention, and emergency medical services district be continued and that the fire control, prevention, and emergency medical services district sales and use tax in ___________ (name of the municipality that created the district) be continued";
(4)  lines and spaces for the names, signatures, residence addresses, and voter registration certificate numbers of the petitioners;  and
(5)  the date of issuance, the serial number, and the seal of the clerk of the municipality on each page.
(b)  A petition for a referendum to dissolve a district must contain:
(1)  the heading:  "Petition for a Local Option Referendum to Dissolve the __________ (name of the municipality that created the district) Fire Control, Prevention, and Emergency Medical Services District and to Abolish the Fire Control, Prevention, and Emergency Medical Services District Sales and Use Tax";
(2)  a statement of the issue to be voted on in the same words used in the application;
(3)  immediately above the signatures of the petitioners, the statement:  "It is the purpose and intent of the petitioners whose signatures appear below that the fire control, prevention, and emergency medical services district be dissolved and that the fire control, prevention, and emergency medical services district sales and use tax in ___________ (name of the municipality that created the district) be abolished";
(4)  lines and spaces for the names, signatures, residence addresses, and voter registration certificate numbers of the petitioners;  and
(5)  the date of issuance, the serial number, and the seal of the clerk of the municipality on each page.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.254. Copies of Application and Petition

Sec. 344.254.  COPIES OF APPLICATION AND PETITION.  The clerk or secretary of the municipality shall keep an application and a copy of the petition in the files of the clerk's or secretary's office.  The clerk shall issue to the applicants as many copies as they request.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.255. Filing of Petition

Sec. 344.255.  FILING OF PETITION.  To form the basis for the ordering of a referendum, the petition must:
(1)  be filed with the clerk or secretary of the municipality not later than the 60th day after the date of its issuance;  and
(2)  contain at least a number of signatures of registered voters of the municipality equal to five percent of the number of votes cast in the municipality for all candidates for governor in the most recent gubernatorial general election.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.256. Review by Clerk or Secretary

Sec. 344.256.  REVIEW BY CLERK OR SECRETARY.  (a)  The clerk or secretary of the municipality shall, on the request of any person, check each name on a petition to determine whether the signer is a registered voter of the district.  A person requesting verification by the clerk or secretary of the municipality shall pay the clerk or secretary a sum equal to 20 cents for each name on the petition before the verification begins.
(b)  The clerk or secretary of the municipality may not count a signature if the clerk or secretary has a reason to believe that:
(1)  it is not the actual signature of the purported signer;
(2)  the voter registration certificate number is not correct;
(3)  it is a duplication either of a name or of handwriting used in any other signature on the petition;
(4)  the residence address of the signer is not correct;  or
(5)  the name of the voter is not signed exactly as it appears on the official copy of the current list of registered voters for the voting year in which the petition is issued.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.257. Certification

Sec. 344.257.  CERTIFICATION.  Not later than the 40th day after the date a petition is filed, excluding Saturdays, Sundays, and legal holidays, the clerk or secretary of the municipality shall certify to the board the number of registered voters signing the petition.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.258. Election Order

Sec. 344.258.  ELECTION ORDER.  (a)  The board shall record on its minutes the date the petition is filed and the date it is certified by the clerk or secretary of the municipality.
(b)  If the petition contains the required number of signatures and is in proper order, the board shall, at its next regular session after the certification by the clerk or secretary of the municipality, order a referendum election to be held at the regular polling place in each election precinct in the municipality on the next uniform election date authorized by Section 41.001(a), Election Code, that occurs at least 20 days after the date of the order.
(c)  The board shall state in the order the proposition to be voted on in the referendum election.  The order is prima facie evidence of compliance with all provisions necessary to give it validity.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.259. Applicability of Election Code

Sec. 344.259.  APPLICABILITY OF ELECTION CODE.  A referendum election authorized by this subchapter shall be held and the returns shall be prepared and canvassed in conformity with the Election Code.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.260. Results of Referendum

Sec. 344.260.  RESULTS OF REFERENDUM.  (a)  If less than a majority of the votes cast in a continuation referendum election are for the continuation of a district or if a majority of the votes cast in a dissolution referendum are for dissolution of the district:
(1)  the board shall certify that fact to the secretary of state not later than the 10th day after the date of the canvass of the returns; and
(2)  the district is dissolved and ceases to operate as provided by Section 344.301.
(b)  If a majority of the votes cast in a continuation referendum election are for the continuation of the district or if less than a majority of the votes cast in a dissolution referendum election are for dissolution of the district, another referendum may not be held except as authorized by Section 344.251.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1190 (H.B. 4075), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter F. Referendum on Continuation or Dissolution of District › Section 344.261. Election Contest

Sec. 344.261.  ELECTION CONTEST.  Not later than the 30th day after the date the result of a referendum is declared, any qualified voter of the district may contest the election by filing a petition in a district court located in the district.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter G. District Dissolution › Section 344.301. Time for Dissolution of District

Sec. 344.301.  TIME FOR DISSOLUTION OF DISTRICT.  (a)  A district is dissolved on the first uniform election date that occurs after the fifth anniversary of the date the municipality began to impose taxes for district purposes if the district has not held a continuation or dissolution referendum.
(b)  The district is dissolved on the first uniform election date that occurs after the fifth anniversary of the date of the most recent continuation or dissolution referendum.
(c)  Subsection (b) does not apply to a district that is continued under Section 344.251(g), and that district is dissolved on the first uniform election date that occurs after the end of the period for which it was continued.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1190 (H.B. 4075), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.001. Duty to Provide Jails; Location

Sec. 351.001.  DUTY TO PROVIDE JAILS;  LOCATION.  (a)  The commissioners court of a county shall provide safe and suitable jails for the county.
(b)  The jails must be located at the county seat unless the county has only one jail, in which case the jail may be located anywhere in the county at the discretion of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 64(e), 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 A. County Jail Facilities › Section 351.002. Jail Standards

Sec. 351.002.  JAIL STANDARDS.  The jail standards prescribed by this subchapter are minimum standards for county jails.  Each county jail must comply with the minimum standards and the rules and procedures of the Commission on Jail Standards.
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 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.003. Exemption

Sec. 351.003.  EXEMPTION.  (a)  A county with a population not large enough to justify building a new county jail or remodeling an existing county jail in order to comply with the standards in this subchapter is exempt from this subchapter if the commissioners court contracts with another county to incarcerate its prisoners.
(b)  The county must contract with the nearest county whose county jail meets the standards in this subchapter.
(c)  The county shall pay to the other county a daily per capita rate equal to the cost of maintaining its prisoners in the county jail or a daily rate on which the counties agree.
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 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.0035. Temporary Housing

Sec. 351.0035.  TEMPORARY HOUSING.  (a)  On request of the sheriff and the commissioners court of a county, the Commission on Jail Standards shall authorize a county to house a prisoner in a tent or other facility that is not a county jail.
(b)  The Commission on Jail Standards shall adopt rules that govern the temporary housing of prisoners, including a specific requirement for:
(1)  the classification and separation of prisoners;
(2)  the supervision of prisoners;
(3)  safety, sanitation, and health;
(4)  the structure and maintenance of the facility;
(5)  the provision of bunks or sleeping areas for prisoners or other furnishings for the facility;
(6)  the space and capacity in the facility;  and
(7)  the enforcement of a rule the commission adopts under this subsection.
(c)  A rule adopted under Subsection (b) must be consistent with the jail standards imposed by or adopted under other provisions of this subchapter unless the Commission on Jail Standards determines compliance is not practicable or reasonable.
Added by Acts 1993, 73rd Leg., ch. 145, Sec. 1, eff. May 15, 1993.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.0036. Housing of Correctional Program Participants

Sec. 351.0036.  HOUSING OF CORRECTIONAL PROGRAM PARTICIPANTS.  (a)  Notwithstanding the requirements of Section 351.0035, the Commission on Jail Standards is hereby authorized to adopt rules governing the temporary housing of prisoners in connection with specific correctional programs which include work camps, wilderness camps, forestry camps, or boot camps.
Added by Acts 1993, 73rd Leg., ch. 145, Sec. 2, eff. May 15, 1993.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.004. Structural and Maintenance Requirements

Sec. 351.004.  STRUCTURAL AND MAINTENANCE REQUIREMENTS.  A county jail must be:
(1)  structurally sound;
(2)  fire resistant;
(3)  properly ventilated, heated, and lighted;  and
(4)  kept in good repair.
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 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.007. Space Requirements

Sec. 351.007.  SPACE REQUIREMENTS.  (a)  A county jail cell designed for one person only must have a clear floor area of 40 square feet or more.
(b)  Any other housing area or day room in a county jail must have a clear floor area of 18 square feet or more for each prisoner to be confined in the area or room.
(c)  The ceiling height above the finished floor in a cell, compartment, dormitory, or day room in a county jail in which prisoners are confined must be eight feet or more.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 952, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.008. Access to Day Room

Sec. 351.008.  ACCESS TO DAY ROOM.  A cell, compartment, or dormitory used in a county jail for sleeping purposes and designed to accommodate three or more prisoners must be accessible to a day room to which the prisoners may be given access during the day.
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 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.009. Safety Vestibule

Sec. 351.009.  SAFETY VESTIBULE.  (a)  To provide safety to officers and security, entrance to and exit from a cell block or a group of cells or compartments used to confine three or more prisoners in a county jail must be through a safety vestibule.
(b)  A safety vestibule must have one or more interior doors in addition to the main outside entrance door to the cell block or group of cells or compartments.  All the interior doors must be designed to be locked, unlocked, opened, and closed by a means located outside the cell block or group of cells or compartments.
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 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.010. Sanitation and Health Requirements

Sec. 351.010.  SANITATION AND HEALTH REQUIREMENTS.  A county jail must be:
(1)  provided with safe water in ample quantity;
(2)  provided with sewage disposal facilities in accordance with good sanitation standards;
(3)  provided with food prepared and served in a palatable and sanitary manner according to good dietary practices and of sufficient quality to maintain good health;  and
(4)  maintained in a clean and sanitary condition in accordance with standards of sanitation and health.
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 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.011. Furnishings of Cells, Compartments, and Dormitories

Sec. 351.011.  FURNISHINGS OF CELLS, COMPARTMENTS, AND DORMITORIES.  (a)  A county jail cell designed for one prisoner only must have a toilet, a combination sink and drinking fountain, a table, and a seat.
(b)  A housing area designed for three or more prisoners must have one toilet and one combination sink and drinking fountain for every eight prisoners to be confined in the area.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 952, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.012. Furnishings of Day Rooms

Sec. 351.012.  FURNISHINGS OF DAY ROOMS.  (a)  A day room designed in a county jail for three or more prisoners must have:
(1)  for every eight prisoners to be confined in the room, one toilet and one combination sink and drinking fountain; and
(2)  for every 12 prisoners to be confined in the room, one shower.
(b)  A day room must be suitably furnished.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 952, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.013. Bunks

Sec. 351.013.  BUNKS.  (a)  A cell, compartment, or dormitory in a county jail must have for each prisoner one bunk that is not less than two feet, three inches wide and not less than six feet, three inches long.
(b)  Each bunk must have a clean, comfortable mattress and enough clean blankets for the prisoner's comfort.
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 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.014. Holding Insane Persons

Sec. 351.014.  HOLDING INSANE PERSONS.  (a)  A person suspected to be or adjudged insane may not be held in a county jail unless the person:
(1)  demonstrates homicidal tendencies;  and
(2)  must be restrained from committing acts of violence against other persons.
(b)  A person requiring restraint under this section may be held in a county jail for not more than 24 hours.  The person shall be kept under observation at all times.
(c)  At the end of the 24-hour period, the person shall be released or taken to a hospital or mental hospital.
(d)  A person held under this section shall be kept in a special enclosure or room for that purpose.  The special enclosure or room must have:
(1)  a clear floor area of 40 square feet or more;
(2)  a ceiling height above the floor of eight feet or more;  and
(3)  a soft covering on the floor and walls, designed to protect a violent person from self-injury or destruction.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 952, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter A. County Jail Facilities › Section 351.015. Enforcement

Sec. 351.015.  ENFORCEMENT.  This subchapter is enforceable by the Commission on Jail Standards.
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 351 - County Jails and Law Enforcement › Subchapter B. Intercounty Cooperation for Jail Facilities › Section 351.031. Contract

Sec. 351.031.  CONTRACT.  (a)  The commissioners courts of two or more counties may contract with each other for the joint operation of a jail to serve the counties.
(b)  The contract may provide for the construction or acquisition of a facility or for the use of an existing facility.
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 351 - County Jails and Law Enforcement › Subchapter B. Intercounty Cooperation for Jail Facilities › Section 351.032. Location of Facility

Sec. 351.032.  LOCATION OF FACILITY.  A joint facility is not required to be located at the county seat of one of the counties.
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 351 - County Jails and Law Enforcement › Subchapter B. Intercounty Cooperation for Jail Facilities › Section 351.033. Financing

Sec. 351.033.  FINANCING.  A county whose share of capital expenditures under the contract includes costs of acquiring land or acquiring, constructing, enlarging, or improving a joint facility may use any method of financing that share that would be available to the county if it operated its own jail, including issuing general obligation bonds or other evidences of indebtedness as provided by law.
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 351 - County Jails and Law Enforcement › Subchapter B. Intercounty Cooperation for Jail Facilities › Section 351.034. Administrator

Sec. 351.034.  ADMINISTRATOR.  (a)  The sheriff of the county in which the jail is located shall serve as administrator of the jail.
(b)  The sheriff may decline to serve as administrator by filing a written statement with the commissioners court of that county.
(c)  If the sheriff declines to serve as administrator, the commissioners courts of the contracting counties shall jointly appoint a jail administrator.  Until an individual is appointed and assumes the duties of jail administrator, the sheriff shall serve as administrator of the jail.
(d)  If there is a vacancy in the position of jail administrator, the sheriff shall serve as administrator of the jail until a new jail administrator is appointed and assumes the position.
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 351 - County Jails and Law Enforcement › Subchapter B. Intercounty Cooperation for Jail Facilities › Section 351.035. Duties

Sec. 351.035.  DUTIES.  The sheriff or jail administrator has all the powers, duties, and responsibilities with regard to keeping prisoners and operating the jail that are given by law to the sheriff in a county operating its own jail.
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 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.041. Sheriff

Sec. 351.041.  SHERIFF.  (a)  The sheriff of each county is the keeper of the county jail.  The sheriff shall safely keep all prisoners committed to the jail by a lawful authority, subject to an order of the proper court.
(b)  The sheriff may appoint a jailer to operate the jail and meet the needs of the prisoners, but the sheriff shall continue to exercise supervision and control over the jail.
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 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.04155. Commissary Operation by Sheriff in Certain Counties

Sec. 351.04155.  COMMISSARY OPERATION BY SHERIFF IN CERTAIN COUNTIES.  (a)  This section applies only to a county that:
(1)  has a population of 2.1 million or more;
(2)  has two municipalities with a population of 250,000 or more; and
(3)  is adjacent to a county with a population of 2.1 million or more.
(b)  The county is subject to Section 351.0415, except:
(1)  Section 351.0415(b)(1) does not apply to the sheriff of the county;
(2)  new bids to renew contracts under Section 351.0415(b)(3) are subject to the approval of the commissioners court of the county;
(3)  the sheriff may not make a disbursement from the commissary proceeds unless the sheriff receives approval for the disbursement from the commissioners court of the county;  and
(4)  the sheriff shall provide to the commissioners court of the county each contract the sheriff makes under this section relating to the commissary and shall provide the contract within 10 days after the date the contract is made.
(c)  A purchase made by the sheriff using commissary proceeds is subject to the competitive purchasing procedures contained in Subchapter C, Chapter 262.  For the purpose of complying with that subchapter, a reference in that subchapter to "commissioners court" means the sheriff and a reference to "the county official who makes purchases for the county" means the sheriff or the sheriff's designee.
Added by Acts 2001, 77th Leg., ch. 1057, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 32, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 180, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.042. Jail Administrator in Bexar County

Sec. 351.042.  JAIL ADMINISTRATOR IN BEXAR COUNTY.  The Commissioners Court of Bexar County may appoint a jail administrator who shall exercise all power, supervision, and control over the jail, including the duties imposed by law on the sheriff with respect to the jail.
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 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.043. Federal Prisoners

Sec. 351.043.  FEDERAL PRISONERS.  (a)  The sheriff or jailer may receive into the county jail a federal prisoner delivered by a federal law enforcement officer unless the sheriff or jailer determines that receipt of the prisoner may violate a state or federal court order, a statute, or a rule of the Commission on Jail Standards or the Texas Board of Criminal Justice.
(b)  The sheriff or jailer shall safely keep the prisoner until the prisoner is transferred or discharged by due course of law.
(c)  The federal law enforcement officer on whose authority the prisoner is received and kept is directly and personally liable to the sheriff or jailer for the jail fees and other costs incurred in keeping the prisoner.  The fees and costs shall be estimated according to laws regulating similar fees and costs in other cases.
(d)  In this section, "federal law enforcement officer" has the meaning assigned by 5 U.S.C. Section 8331(20).
(e)  Repealed by Acts 1997, 75th Leg., ch. 259, Sec. 10, eff. Sept. 1, 1997.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.16, eff. Aug. 29, 1991;  Acts 1997, 75th Leg., ch. 259, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.044. Prisoner in Another County's Jail

Sec. 351.044.  PRISONER IN ANOTHER COUNTY'S JAIL.  A county to which a prisoner is sent due to the lack of a safe jail in the sending county as determined by the Commission on Jail Standards may recover by suit from the sending county the reasonable cost of keeping the prisoner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 578, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.045. Employment of Health Care Providers

Sec. 351.045.  EMPLOYMENT OF HEALTH CARE PROVIDERS.  (a)  The commissioners court of a county may appoint, contract for, or employ licensed physicians, dentists, or other health care providers to provide health care services to inmates in the custody of the sheriff.
(b)  This section may not be construed as authorizing a commissioners court to supervise or control the practice of medicine as prohibited by Subtitle B, Title 3, Occupations Code, or to supervise or control the practice of dentistry as prohibited by Subtitle D, Title 3, Occupations Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 759 (H.B. 1566), Sec. 1, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 760 (H.B. 1567), Sec. 1, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 975 (H.B. 1568), Sec. 2, eff. June 17, 2011.
Reenacted by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 12.006, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.046. Notice to Certain Governmental Entities

Sec. 351.046.  NOTICE TO CERTAIN GOVERNMENTAL ENTITIES.  (a)  In this section, "medical assistance benefits" means medical assistance benefits provided under Chapter 32, Human Resources Code.
(b)  The sheriff of a county may notify the Health and Human Services Commission on the confinement in the county jail of an individual who is receiving medical assistance benefits.
(c)  If the sheriff of a county chooses to provide the notice described by Subsection (b), the sheriff, or an employee of the county or sheriff, shall provide the notice electronically or by other appropriate means as soon as possible after the 30th day after the date of the individual's confinement.
(d)  If the sheriff of a county chooses to provide the notice described by Subsection (b), the sheriff shall notify:
(1)  the United States Social Security Administration of the release or discharge of a prisoner who, immediately before the prisoner's confinement in the county jail, was receiving:
(A)  Supplemental Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.; or
(B)  Social Security Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq.; and
(2)  the Health and Human Services Commission of the release or discharge of a prisoner who, immediately before the prisoner's confinement in the county jail, was receiving medical assistance benefits.
(e)  If the sheriff of a county provides the notices described by Subsection (d), the sheriff, or an employee of the county or sheriff, shall provide the notices electronically or by other appropriate means not later than 48 hours after the prisoner's release or discharge from custody.
(f)  If the sheriff of a county provides the notice described by Subsection (d)(2), at the time of the prisoner's release or discharge, the sheriff, or an employee of the county or sheriff, shall provide the prisoner with a written copy of the notice and a telephone number at which the prisoner may contact the Health and Human Services Commission regarding confirmation of or assistance relating to reinstatement of the individual's eligibility for medical assistance benefits, if applicable.
(g)  The Health and Human Services Commission shall establish a means by which the sheriff of a county, or an employee of the county or sheriff, may determine whether an individual confined in the county jail is or was, as appropriate, receiving medical assistance benefits for purposes of this section.
(h)  A county or the sheriff of a county, or an employee of the county or sheriff, is not liable in a civil action for damages resulting from a failure to comply with this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 778 (H.B. 337), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.047. Assistance With Reinstatement of Benefits

Sec. 351.047.  ASSISTANCE WITH REINSTATEMENT OF BENEFITS.  The sheriff of a county may enter into an agreement with a third party with experience providing reintegration resources or services to former prisoners under which the third party assists a person who is released or discharged from the county jail with the reinstatement of the person's eligibility for, as appropriate:
(1)  medical assistance benefits under Chapter 32, Human Resources Code;
(2)  Supplemental Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.; and
(3)  Social Security Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq.
Added by Acts 2017, 85th Leg., R.S., Ch. 778 (H.B. 337), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter C. Operation of County Jails › Section 351.048. Duties Following Miscarriage or Physical or Sexual Assault of Pregnant Prisoner

Sec. 351.048.  DUTIES FOLLOWING MISCARRIAGE OR PHYSICAL OR SEXUAL ASSAULT OF PREGNANT PRISONER.  (a)  In this section:
(1)  "Physical assault" means any conduct that constitutes an offense under Section 22.01 or 22.02, Penal Code.
(2)  "Sexual assault" means any conduct that constitutes an offense under Section 22.011 or 22.021, Penal Code.
(b)  As soon as practicable after receiving a report of a miscarriage or physical or sexual assault of a pregnant prisoner while in the custody of a county jail, the sheriff shall ensure that an obstetrician or gynecologist and a mental health professional promptly:
(1)  review the health care services provided to the prisoner; and
(2)  order additional health care services, including obstetrical and gynecological services and mental health services, as appropriate.
Added by Acts 2021, 87th Leg., R.S., Ch. 424 (H.B. 1307), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter D. Contracts for Law Enforcement Services on Fee Basis › Section 351.061. Authority to Contract

Sec. 351.061.  AUTHORITY TO CONTRACT.  To protect the public interest, the commissioners court of a county may contract with a nongovernmental association for the provision of law enforcement services by the county on a fee basis in the geographical area represented by the association.
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 351 - County Jails and Law Enforcement › Subchapter D. Contracts for Law Enforcement Services on Fee Basis › Section 351.062. Fees

Sec. 351.062.  FEES.  (a)  The commissioners court shall determine the amount of the fee charged by the county.  The fees must recover 100 percent of the cost to the county for supplying the law enforcement services, including salaries and any additional expenses the county may incur in providing the services.  If the time of the sheriff or county official who provides the services is divided between services to the political subdivision and a nongovernmental association, the total cost to the association must be so prorated, as provided in the contract.
(b)  The contract must provide for the payment of the fees to the county.  The fees shall be deposited in the general fund 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 B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter D. Contracts for Law Enforcement Services on Fee Basis › Section 351.063. Services by Sheriff or County Official

Sec. 351.063.  SERVICES BY SHERIFF OR COUNTY OFFICIAL.  The commissioners court may request the sheriff of the county or a county official who has law enforcement authority to provide the services in the geographical area for which the official was elected or appointed.
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 351 - County Jails and Law Enforcement › Subchapter D. Contracts for Law Enforcement Services on Fee Basis › Section 351.064. Use of Deputies

Sec. 351.064.  USE OF DEPUTIES.  (a)  If the sheriff or county official agrees to provide the services, the sheriff or official may provide the services by using deputies.  The sheriff or county official retains authority to supervise the deputies who provide the services and, in an emergency, may reassign the deputies to duties other than those to be performed under the contract.
(b)  A deputy shall perform duties under the contract in the same manner as if the deputy were performing the duties in the absence of the contract.
(c)  A deputy performing duties under the contract remains a county employee subject to the same benefits and restrictions as any other deputy.
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 351 - County Jails and Law Enforcement › Subchapter D. Contracts for Law Enforcement Services on Fee Basis › Section 351.065. Reports by Deputies

Sec. 351.065.  REPORTS BY DEPUTIES.  A deputy performing duties under the contract shall submit written copies of any felony offense report and subsequent copies of investigative reports to the sheriff and any municipal police department in the county that serves the area under contract.
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 351 - County Jails and Law Enforcement › Subchapter D. Contracts for Law Enforcement Services on Fee Basis › Section 351.066. Duties in Area Served by Municipal Police

Sec. 351.066.  DUTIES IN AREA SERVED BY MUNICIPAL POLICE.  (a)  A deputy performing duties in an area served by a municipal police department shall promptly notify the police department of the deputy's receipt and response to a complaint constituting a felony offense and on request shall secure and preserve the scene of the offense for a reasonable time until the arrival of a representative of the municipal police department.
(b)  The county and municipal departments shall cooperate in any criminal investigation to the greatest degree practical.  However, this section does not prohibit a county or municipal officer from performing any duties that are required of a peace officer.
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 351 - County Jails and Law Enforcement › Subchapter D. Contracts for Law Enforcement Services on Fee Basis › Section 351.067. Municipal Approval of Contract Covering Area Within Municipality

Sec. 351.067.  MUNICIPAL APPROVAL OF CONTRACT COVERING AREA WITHIN MUNICIPALITY.  (a)  If, under a proposed contract, the county would provide law enforcement services within the corporate limits of a municipality, the county shall submit a copy of the proposed contract to the municipality for approval.
(b)  The governing body of the municipality, after considering the individual contract, may disapprove the contract within 30 days after the date the contract is received in the municipal offices.  If the governing body of the municipality approves the contract or takes no action for the 30 days, the county may enter into the contract as provided in this subchapter.  If the governing body of the municipality disapproves the contract, the county may not enter into the contract.
(c)  The municipality and its officers and employees are not liable for any damage caused by the acts of a county official or employee providing services under the contract within the municipality.
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 351 - County Jails and Law Enforcement › Subchapter E. County Park Rangers › Section 351.081. Establishment in Populous Counties

Sec. 351.081.  ESTABLISHMENT IN POPULOUS COUNTIES.  The commissioners court of a county with a population of more than 3.3 million or a county that borders the Gulf of Mexico may establish a department of county park rangers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 277, Sec. 1, eff. June 14, 1989;  Acts 2001, 77th Leg., ch. 669, Sec. 102, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter E. County Park Rangers › Section 351.082. Appointment of Chief

Sec. 351.082.  APPOINTMENT OF CHIEF.  The commissioners court shall appoint the county sheriff or other qualified person as chief of the department.  The chief shall administer the department under the supervision of the commissioners court.
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 351 - County Jails and Law Enforcement › Subchapter E. County Park Rangers › Section 351.083. Law Enforcement Services in County Parks

Sec. 351.083.  LAW ENFORCEMENT SERVICES IN COUNTY PARKS.  The department shall provide law enforcement services within the county parks of the county and, in a county that borders the Gulf of Mexico, in the unincorporated areas of the county that are located on an island or isthmus.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 277, Sec. 2, eff. June 14, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter E. County Park Rangers › Section 351.084. Staff; Authority as Peace Officers

Sec. 351.084.  STAFF;  AUTHORITY AS PEACE OFFICERS.  (a)  To carry out the functions of the department, the chief shall employ county park rangers as peace officers and shall employ administrative staff in numbers approved by the commissioners court.
(b)  The county park rangers have the same law enforcement authority that is given by law to deputy sheriffs except that the law enforcement jurisdiction of rangers is limited to the county parks of the county and, in a county that borders the Gulf of Mexico, to the unincorporated areas of the county that are located on an island or isthmus.
(c)  The law of this state applying to deputy sheriffs applies, to the extent practicable, to county park rangers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 277, Sec. 3, eff. June 14, 1989.
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 351.101. Authority to Contract

Sec. 351.101.  AUTHORITY TO CONTRACT.  The commissioners court of a county, with the approval of the sheriff of the county, may contract with a private organization to place inmates in a detention facility operated by the organization.  The commissioners court may not contract with a private organization in which a member of the court or an elected or appointed peace officer who serves in the county has a financial interest or in which an employee or commissioner of the Commission on Jail Standards has a financial interest.  A contract made in violation of this section is void.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 952, Sec. 5, eff. Sept. 1, 1999.