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 G. Jail District › Section 351.153. Provisions of Bonds

Sec. 351.153.  PROVISIONS OF BONDS.  (a)  In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds, the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds and may make additional covenants with respect to the bonds, the pledged revenues, and the operation and maintenance of those works, improvements, and facilities, the revenue of which is pledged.
(b)  The orders or resolutions of the board authorizing the issuance of bonds may also prohibit the further issuance of bonds payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued.
(c)  The orders or resolutions of the board issuing bonds may contain other provisions and covenants as the board may determine.
(d)  The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds.
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 351.154. Approval by Attorney General; Registration by Comptroller

Sec. 351.154.  APPROVAL BY ATTORNEY GENERAL;  REGISTRATION BY COMPTROLLER.  (a)  Bonds issued by a district must be submitted to the attorney general for examination.
(b)  If the attorney general finds that the bonds have been authorized in accordance with law, the attorney general shall approve them, and they shall be registered by the comptroller.
(c)  After the approval and registration of bonds, the bonds are incontestable in any court or other forum for any reason and are valid and binding obligations in accordance with their terms for all purposes.
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 351.155. Refunding Bonds

Sec. 351.155.  REFUNDING BONDS.  (a)  A district may issue bonds to refund all or any part of its outstanding bonds, including matured but unpaid interest coupons.
(b)  Refunding bonds shall mature serially or otherwise not more than 50 years from their date and shall bear interest at any rate or rates permitted by the constitution and laws of the state.
(c)  Refunding bonds may be payable from the same source as the bonds being refunded or from other additional sources.
(d)  The refunding bonds must be approved by the attorney general as in the case of other bonds and shall be registered by the comptroller on the surrender and cancellation of the bonds being refunded.
(e)  The orders or resolutions authorizing the issuance of the refunding bonds may provide that they be sold and the proceeds deposited in the place or places at which the bonds being refunded are payable, in which case the refunding bonds may be issued before the cancellation of the bonds being refunded.  If refunding bonds are issued before cancellation of the other bonds, an amount sufficient to pay the principal of and interest on the bonds being refunded to their maturity dates or to their option dates if the bonds have been duly called for payment before maturity according to their terms must be deposited in the place or places at which the bonds being refunded are payable.  The comptroller shall register the refunding bonds without the surrender and cancellation of bonds being refunded.
(f)  A refunding may be accomplished in one or in several installment deliveries.  Refunding bonds and their interest coupons are investment securities under Chapter 8 of the Business & Commerce Code.
(g)  Instead of the method set forth in this section, a district may refund bonds as provided by the general laws of the state.
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 351.156. Bonds as Investments; Bonds as Security for Deposits

Sec. 351.156.  BONDS AS INVESTMENTS;  BONDS AS SECURITY FOR DEPOSITS.  (a)  District bonds are legal and authorized investments for:
(1)  banks;
(2)  trust companies;
(3)  savings and loan associations;
(4)  insurance companies;
(5)  fiduciaries;
(6)  trustees;
(7)  guardians; and
(8)  sinking funds of municipalities, counties, school districts, and other political subdivisions of the state and other public funds of the state and its agencies, including the permanent school fund.
(b)  District bonds are eligible to secure deposits of public funds of the state and municipalities, counties, school districts, and other political subdivisions of the state.  The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons.
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 351.157. Tax Status of Bonds

Sec. 351.157.  TAX STATUS OF BONDS.  Bonds issued by a district under this subchapter, any transaction relating to the bonds, and profits made in the sale of the bonds are free from taxation by the state or by any municipality, county, special district, or other political subdivision of the state.
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 351.158. Levy of Taxes

Sec. 351.158.  LEVY OF TAXES.  (a)  The board may annually levy taxes to pay the bonds authorized under Section 351.149 and issued by the district, but the district may not levy taxes to pay the principal of or interest on revenue bonds issued under this subchapter.
(b)  The board may levy taxes for the entire year in which the district is created.
(c)  The board shall levy taxes on all property in the district subject to district taxation.
(d)  In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation.  On determination of the amount of tax required to be levied, the board shall make the levy and certify it to the tax assessor-collector.
(e)  Title 1 of the Tax Code governs the appraisal, assessment, and collection of district taxes.
(f)  The board may provide for the appointment of a tax assessor-collector for the district or may contract for the assessment and collection of taxes as provided by Title 1 of the Tax Code.
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 351.159. Dissolution of District

Sec. 351.159.  DISSOLUTION OF DISTRICT.  (a)  After a district has completed all construction, acquisition, and improvement of jail facilities provided in the plans approved by the board and has conveyed those facilities to a receiving county under this subchapter and after all bonds and other indebtedness of the district are paid in full, the district may be dissolved in the manner provided by Subsection (b).
(b)  A district is dissolved if:
(1)  the board adopts a resolution dissolving the district;
(2)  a majority of the commissioners courts of the counties in the district vote to dissolve the district; or
(3)  a majority of the registered voters in a majority of the counties in the district vote to dissolve the district in referendum elections.
(c)  A referendum election on whether to dissolve a district shall be called by the commissioners court of a county in the district if 10 percent or more of the registered voters in the county petition the commissioners court for such an election.
(d)  If, at the time a district is dissolved, the district has any surplus funds in any of its accounts, the board shall transfer those funds to the county entity that assumes jurisdiction over the facilities conveyed by the district, and the county receiving the funds shall use those funds to maintain the facilities conveyed.
(e)  On the dissolution of a district, the district ceases to exist and the board shall continue in existence only for the purpose of transferring district funds and disposing of district assets.
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 H. County Correctional Centers › Section 351.181. Establishment

Sec. 351.181.  ESTABLISHMENT.  The commissioners court of a county may establish a county correctional center after receiving the written consent of the sheriff.  A sheriff may not unreasonably withhold consent under this subsection.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.03, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter H. County Correctional Centers › Section 351.182. Powers and Duties of Sheriff

Sec. 351.182.  POWERS AND DUTIES OF SHERIFF.  The sheriff of the county in which a county correctional center has been established is responsible for the operation of the center, but must consult with the director of the community supervision and corrections department serving the county about issues relating to probationers participating in county correctional center programs.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.03, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter H. County Correctional Centers › Section 351.183. Programs

Sec. 351.183.  PROGRAMS.  The sheriff, through a county correctional center program, may:
(1)  house and provide work programs and counseling for:
(A)  persons convicted of misdemeanors and sentenced to a term of confinement in county jail;
(B)  persons required as a condition of misdemeanor or felony probation to serve a term of confinement in county jail;  or
(C)  persons required to serve a term of confinement in county jail as punishment for violation of a condition of misdemeanor or felony probation;  or
(2)  in cooperation with the community supervision and corrections department serving the county, operate work programs and counseling programs for persons required as a condition of misdemeanor or felony probation to participate in those programs.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.03, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter H. County Correctional Centers › Section 351.184. Certification

Sec. 351.184.  CERTIFICATION.  (a)  To certify county correctional centers as eligible for state funding under Section 509.011(b)(6), Government Code, the community justice assistance division of the Texas Department of Criminal Justice, with the assistance of the Commission on Jail Standards, shall develop standards for the physical plant and operations of county correctional centers.
(b)  The Texas Department of Criminal Justice and the Commission on Jail Standards shall adopt a memorandum of understanding that establishes their respective responsibilities in certifying county correctional centers.  The community justice assistance division shall coordinate the development of the memorandum of understanding.  The commission and the Texas Department of Criminal Justice by rule shall adopt the memorandum of understanding.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.03, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 6, eff. June 18, 1990;  Acts 1995, 74th Leg., ch. 76, Sec. 7.08, 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 H. County Correctional Centers › Section 351.185. Payment of State Aid

Sec. 351.185.  PAYMENT OF STATE AID.  (a)  On or after the effective date of this section, a county may apply to the community justice assistance division of the Texas Department of Criminal Justice for state aid funded in the General Appropriations Act for residential services or the community corrections program.
(b)  The sheriff shall deposit all state aid received under this section in the county treasury to be used solely for the purposes of the county correctional center program.  The community justice assistance division may audit state aid received under this section.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.03, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter H. County Correctional Centers › Section 351.186. Reports

Sec. 351.186.  REPORTS.  The sheriff of a county receiving state aid under this subchapter shall submit reports as required by the community justice assistance division of the Texas Department of Criminal Justice.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.03, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter I. County Jail Industries Program › Section 351.201. County Jail Industries Program

Sec. 351.201.  COUNTY JAIL INDUSTRIES PROGRAM.  (a)  A commissioners court by order may establish a county jail industries program.  The sheriff may allow inmate participation in the county jail industries program in carrying out his constitutional and statutory duties.
(b)  The purposes for which a county jail industries program may be established are to:
(1)  provide adequate, regular, and suitable employment for the vocational training of inmates;
(2)  reimburse the county for expenses caused by the crimes of inmates and the cost of their confinement;  or
(3)  provide for the distribution of articles and products produced under this subchapter to:
(A)  offices of the county and offices of political subdivisions located in whole or in part in the county;  and
(B)  nonprofit organizations that provide services to the general public and enhance social welfare and the general well-being of the community.
(c)  A commissioners court, in an order establishing a county jail industries program, shall, with the approval of the sheriff:
(1)  designate the county official or officials responsible for management of the program;  and
(2)  designate the county official or officials responsible for determining which inmates are allowed to participate in a county jail industries program.
(d)  An order of a commissioners court establishing a county jail industries program, though not limited to, may provide for any of the following:
(1)  an advisory committee;
(2)  the priorities under which the county jail industries program is to be administered;
(3)  procedures to determine the articles and products to be produced under this subchapter;
(4)  procedures to determine the sales price of articles and products produced under this subchapter;  and
(5)  procedures for the development of specifications for articles and products produced under this subchapter.
(e)  A county jail industries program may be operated at the county jail, workfarm, or workhouse or at any other suitable location.
(f)  An inmate does not have a right to participate in a county jail industries program, and neither the sheriff, county judge, or commissioners nor any other county official or employee may be held liable for failing to provide a county jail industries program.
Added by Acts 1993, 73rd Leg., ch. 578, Sec. 1, eff. June 11, 1993.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter I. County Jail Industries Program › Section 351.202. Revenue

Sec. 351.202.  REVENUE.  Money received from the operation of a county jail industries program shall be deposited in the general revenue fund of the county to be used as reimbursement for the cost of inmate confinement.  The cost to a county for an inmate's participation in a county jail industries program is considered to be a part of the cost of confinement of the inmate.
Added by Acts 1993, 73rd Leg., ch. 578, Sec. 1, eff. June 11, 1993.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 351 - County Jails and Law Enforcement › Subchapter J. County Adult Sexual Assault Response Teams › Section 351.251. Definitions

Sec. 351.251.  DEFINITIONS.  In this subchapter:
(1)  "Adult" means an individual who is not a child as defined by Section 101.003, Family Code.
(2)  "Response team" means a multidisciplinary team established under this subchapter to strengthen the collaborative response and enhance health and judicial outcomes for sexual assault survivors who are adults.
(3)  "Sexual assault program" means a program that:
(A)  operates independently from a law enforcement agency or prosecutor's office;
(B)  is operated by a local public or private nonprofit corporation either independently or as part of a municipal, county, or state agency; and
(C)  provides the minimum services, as defined by Section 420.003, Government Code, to adult survivors of stranger and non-stranger sexual assault.
(4)  "Survivor" means an individual who is a victim of a sexual assault or other sex offense, regardless of whether a police report is filed for the incident.
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 J. County Adult Sexual Assault Response Teams › Section 351.252. Establishment

Sec. 351.252.  ESTABLISHMENT.  (a)  Except as provided by Subsection (b), the commissioners court of each county shall establish an adult sexual assault response team that includes the following members appointed by the commissioners court:
(1)  the chief administrator, or the chief administrator's designee, of a sexual assault program that provides services for the county;
(2)  a prosecutor with jurisdiction in the county over cases involving sexual assault committed against adults;
(3)  the chief, or the chief's designee, of the municipal police department with the largest population in the county, provided a municipality in the county has a municipal police department;
(4)  the sheriff or the sheriff's designee;
(5)  either:
(A)  a sexual assault nurse examiner or forensic examiner from a facility that conducts sexual assault forensic exams for the county; or
(B)  a representative from the largest health care provider operating in the county if the county does not have a professional described by Paragraph (A);
(6)  a behavioral health services provider operating in the county or, if the county does not have a behavioral health services provider, a representative from the county health department; and
(7)  other persons the presiding officer of the response team considers necessary for the operation of the response team or as recommended by the response team.
(b)  Two or more counties, each with a population of 250,000 or less, within a contiguous area may partner to form a multicounty response team.
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 J. County Adult Sexual Assault Response Teams › Section 351.253. Presiding Officer

Sec. 351.253.  PRESIDING OFFICER.  The response team shall elect a presiding officer from among its members.
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 J. County Adult Sexual Assault Response Teams › Section 351.254. Meetings

Sec. 351.254.  MEETINGS.  (a)  A response team shall meet:
(1)  at least quarterly at a time determined by the presiding officer;
(2)  not later than the 90th day after the last day of a regular legislative session to review and amend as necessary any protocols, forms, or guidelines developed under this subchapter; and
(3)  at any other time at the call of the presiding officer.
(b)  If a response team member is unable to participate in a response team meeting, the member or entity the member is representing may designate another individual to represent the member or entity at the meeting.  Each  member or a designee of that member must participate in all response team meetings.
(c)  A response team member must attend the quarterly meetings held as required under Subsection (a)(1) to participate in response team functions.
(d)  A response team shall meet independently of a children's advocacy center multidisciplinary team described by Section 264.406, Family Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 J. County Adult Sexual Assault Response Teams › Section 351.255. Vacancies

Sec. 351.255.  VACANCIES.  The commissioners court of a county shall fill a vacancy for a response team member not later than the 30th day after the date the vacancy occurs and in the same manner as the original appointment.
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 J. County Adult Sexual Assault Response Teams › Section 351.256. Adult Sexual Assault Response Protocol

Sec. 351.256.  ADULT SEXUAL ASSAULT RESPONSE PROTOCOL.  (a)  A response team shall develop a written protocol addressing the coordinated response for adult survivors in the county that includes:
(1)  the procedures to be used in investigating and prosecuting cases arising from a report of sexual assault;
(2)  interagency information sharing, in accordance with state and federal law, to ensure the timely exchange of relevant information and enhance the response to survivors;
(3)  the location and accessibility of sexual assault forensic examinations;
(4)  information on the availability of and access to medical care when the care is clinically indicated;
(5)  a requirement to ensure survivors are offered access to sexual assault program advocates, as defined by Section 420.003, Government Code;
(6)  information on the availability of and access to mental and behavioral health services;
(7)  a requirement to ensure that relevant law enforcement agencies notify survivors in a timely manner regarding the status of any criminal case and court proceeding;
(8)  an assessment of relevant community trends, including drug-facilitated sexual assault, the incidence of predatory date rape, and sex trafficking;
(9)  a biennial evaluation through sexual assault case reviews of the effectiveness of individual agency and interagency protocols and systems;
(10)  at least four hours of annual cross-agency training on the dynamics of sexual assault for response team members participating in the quarterly meetings as required by Section 351.254(c); and
(11)  procedures for addressing conflicts within the response team and for maintaining the confidentiality of information shared among response team members as required by law.
(b)  In developing a protocol under this section, the response team:
(1)  shall consider Chapter 56A, Code of Criminal Procedure;
(2)  may provide different procedures for use within a particular municipality or area of the county served by the response team; and
(3)  shall prioritize the health and safety of survivors.
(c)  The purpose of the protocol developed under this section is to ensure coordination between all agencies involved in sexual assault cases to increase the efficacy of response and to minimize survivor traumatization.  The response team shall provide the protocol to each agency in the county that responds to disclosures of sexual assault.
(d)  Failure to follow a protocol developed under this section does not:
(1)  constitute the basis for a claim or defense to a civil or criminal action; or
(2)  preclude the admissibility of evidence.
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 J. County Adult Sexual Assault Response Teams › Section 351.257. Report

Sec. 351.257.  REPORT.  Not later than December 1 of each odd-numbered year, a response team shall provide to the commissioners court of each county the response team serves a report that includes:
(1)  a list of response team members able to participate in the quarterly meetings required by Section 351.254(c);
(2)  a copy of the written protocol developed under Section 351.256; and
(3)  either:
(A)  a biennial summary detailing:
(i)  the number of sexual assault reports received by local law enforcement agencies;
(ii)  the number of investigations conducted as a result of those reports;
(iii)  the number of indictments presented in connection with a report and the disposition of those cases; and
(iv)  the number of reports of sexual assault for which no indictment was presented; or
(B)  an explanation of the reason the response team failed to provide the information described by Paragraph (A).
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 J. County Adult Sexual Assault Response Teams › Section 351.258. Meetings and Records; Confidentiality

Sec. 351.258.  MEETINGS AND RECORDS; CONFIDENTIALITY.  (a)  A response team meeting is not subject to Chapter 551, Government Code.
(b)  This section does not prohibit a response team from requesting or allowing the attendance of a person who is not a response team member at a response team meeting.
(c)  Information and records acquired by a response team in the exercise of its purpose and duties under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code, and may only be disclosed as necessary to implement the response team's purpose and duties.
(d)  A report or a statistical compilation of data reports created by the response team is public information subject to Chapter 552, Government Code, provided the report or compilation does not contain any personally identifiable information.
(e)  Information, documents, and records of the response team that are confidential under this section are not subject to subpoena or discovery and may not be introduced into evidence in any civil, criminal, or administrative proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence solely because that information or those documents or records were presented during a response team meeting or maintained by the response team.
(f)  A response team may only review a sexual assault case of an adult survivor with the signed, written consent of the survivor.  The consent must specify:
(1)  the information or records covered by the release;
(2)  the reason or purpose for the release; and
(3)  the person or agency to which the information is to be released.
Added by Acts 2021, 87th Leg., R.S., Ch. 568 (S.B. 476), Sec. 1, 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 Z. Miscellaneous Law Enforcement Provisions › Section 351.901. Donation to Certain Crime Stoppers and Crime Prevention Organizations

Sec. 351.901.  DONATION TO CERTAIN CRIME STOPPERS AND CRIME PREVENTION ORGANIZATIONS.  (a)  In this section:
(1)  "Crime stoppers organization" means a private, nonprofit organization or a public organization that:
(A)  is operated on a local or statewide level;
(B)  accepts donations and expends funds for rewards to persons who submit tips under Section 414.0015(a), Government Code; and
(C)  forwards the information received from tips to the appropriate law enforcement agency, school district, or open-enrollment charter school as provided by Section 414.0015(b), Government Code.
(2)  "Crime prevention organization" means an organization with an advisory council consisting of local law enforcement officers and volunteers from the community that:
(A)  is operated on a local or statewide level;
(B)  identifies crime-related issues relevant to a segment of society particularly prone to victimization, including the elderly population;  and
(C)  provides assistance to the community in the form of crime prevention and education and provides training for law enforcement officers in dealing effectively with the segment of society prone to victimization.
(3)  "Open-enrollment charter school" means a school that has been granted a charter under Subchapter D, Chapter 12, Education Code.
(4)  "School district" means a public school district created under the laws of this state.
(b)  The commissioners court of a county by contract may donate money to one or more crime stoppers or crime prevention organizations for expenditure by the organizations to meet the goals identified in Subsection (a). The total amount of all donations made in a calendar year may not exceed:
(1)  $25,000; or
(2)  $100,000, for a county with a population of 1.2 million or more.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 165, Sec. 1, eff. May 21, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 417 (H.B. 3067), Sec. 1, eff. June 10, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 12, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 181, 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 Z. Miscellaneous Law Enforcement Provisions › Section 351.902. Bureau of Criminal Identification

Sec. 351.902.  BUREAU OF CRIMINAL IDENTIFICATION.  (a)  On written and sworn application by a sheriff stating the necessity for the purchase, the commissioners court may purchase equipment for a bureau of criminal identification.
(b)  The equipment must be compatible with the equipment used for this purpose by the Department of Public Safety, the United States Department of Justice, or the United States Bureau of Criminal Identification.  The equipment may include items such as cameras, fingerprint cards, inks, chemicals, microscopes, radio and laboratory equipment, filing cards, filing cabinets, and tear gas.
(c)  A purchase allowed under this section must be made by the sheriff by requisition in the manner provided by the county auditor or, if the county does not have a county auditor, by 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 Z. Miscellaneous Law Enforcement Provisions › Section 351.904. Electronic Monitoring Program

Sec. 351.904.  ELECTRONIC MONITORING PROGRAM.  (a)  A commissioners court of a county may establish and operate an electronic monitoring program for the purpose of monitoring defendants required by a court of the county to participate in an electronic monitoring program under:
(1)  Article 43.09, Code of Criminal Procedure, to discharge a fine or costs; or
(2)  Article 42.035, Code of Criminal Procedure, as an alternative to serving all or part of a sentence of confinement in county jail.
(b)  The commissioners court shall provide for the sheriff or the community supervision and corrections department serving the county, under an agreement with the commissioners court, to oversee and operate, or, if the program is operated by a private vendor under Subsection (c), oversee the operation of, an electronic monitoring program established under this section.
(c)  A commissioners court may contract with a private vendor to operate an electronic monitoring program under this section, including by enrolling and tracking participants in the program and performing periodic reviews with participants regarding compliance with the program.
(d)  A commissioners court may use money that a defendant is ordered to pay to a county under Article 42.035(c), Code of Criminal Procedure, to pay for the services of a private vendor that operates an electronic monitoring program under Subsection (c).
(e)  A commissioners court may subsidize all or part of the cost of a defendant's participation in an electronic monitoring program under this section if the defendant is indigent.
(f)  A commissioners court may contract for any available electronic monitoring technology, including a technology that provides continuous positional tracking of the participant, that meets the approval of the commissioners court and either the sheriff or the community supervision and corrections department, as appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch. 854 (S.B. 2340), Sec. 6, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter A. Protection of County Residents › Section 352.001. Fire Protection of County Residents

Sec. 352.001.  FIRE PROTECTION OF COUNTY RESIDENTS.  (a)  The commissioners court of a county may furnish fire protection or fire-fighting equipment to the residents of the county or of an adjoining county who live outside municipalities.
(b)  The commissioners court may:
(1)  purchase fire trucks or other fire-fighting equipment;
(2)  issue time warrants and levy and collect taxes to pay the principal of and interest on the time warrants as provided by law;  and
(3)  contract with the governing body of a municipality located within the county or within an adjoining county to use fire trucks or other fire-fighting equipment that belongs to the municipality.
(c)  The commissioners court of a county may contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county.  The court may pay for that protection from 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 352 - County Fire Protection › Subchapter A. Protection of County Residents › Section 352.002. Use of Surplus or Salvage Property by Volunteer Fire Department

Sec. 352.002.  USE OF SURPLUS OR SALVAGE PROPERTY BY VOLUNTEER FIRE DEPARTMENT.  (a)  In this section:
(1)  "Surplus property" means personal property that is in excess of the needs of its owner, that is not required for the owner's foreseeable needs, and that possesses some usefulness for the purpose for which it was intended or for some other purpose.
(2)  "Salvage property" means personal property, other than wastepaper, that because of use, time, or accident is so damaged, used, or consumed that it has no value for the purpose for which it was originally intended.
(b)  The commissioners court of a county may contract to supply surplus or salvage property to any incorporated volunteer fire department with which the commissioners court has contracted under Section 352.001.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter A. Protection of County Residents › Section 352.003. Fire Protection in Certain Counties

Sec. 352.003.  FIRE PROTECTION IN CERTAIN COUNTIES.  (a)  For use in protecting bridges, county shops, county warehouses, and other property located outside the municipalities in a county with a population of 350,001 to 449,999, the commissioners court of the county may:
(1)  purchase fire trucks and other fire-fighting equipment;  and
(2)  contract with a centrally located municipality within the county for the operation and maintenance of the equipment.
(b)  In a county with a population of less than 20,000 and a property valuation of more than $100 million according to the most recently approved county tax rolls, the commissioners court of the county may:
(1)  contract with the governing bodies of municipalities in the county for the furnishing by the municipalities of fire protection outside the municipalities;  and
(2)  appropriate funds to pay the municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter A. Protection of County Residents › Section 352.004. Agency; Liability

Sec. 352.004.  AGENCY;  LIABILITY.  (a)  In this section, "furnishing fire protection" includes traveling to or from a fire.
(b)  The act of a person who, in carrying out a county's authority to provide fire protection, furnishes fire protection to a county resident who lives outside the municipalities in the county, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the county.
(c)  A municipality is not liable for the act of its employee in fighting fires outside the municipality under a contract between the commissioners court of the county and the governing body of 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 352 - County Fire Protection › Subchapter A. Protection of County Residents › Section 352.006. Sale of Used Fire Protection or Fire-Fighting Equipment to Certain Volunteer Fire Departments

Sec. 352.006.  SALE OF USED FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT TO CERTAIN VOLUNTEER FIRE DEPARTMENTS.  (a)  In this section, "volunteer fire department" means an association that:
(1)  operates fire-fighting equipment;
(2)  is organized primarily to provide and actively provides fire-fighting services;
(3)  does not pay its members compensation other than nominal compensation;  and
(4)  does not distribute any of its income to its members, officers, or governing body, other than for reimbursement of expenses.
(b)  Notwithstanding Subchapter D, Chapter 263, or other law, the commissioners court of a county may sell used fire-fighting equipment, excluding equipment described in Sections 419.040 and 419.041, Government Code, to a volunteer fire department for eight percent of the original purchase value of the equipment if:
(1)  the fire protection or fire-fighting equipment is at least 15 years old and met the National Fire Protection Association standards at the original time of purchase;  and
(2)  the volunteer fire department provides fire protection to an area within the county.
Added by Acts 2003, 78th Leg., ch. 952, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.011. Creation of Office; Term

Sec. 352.011.  CREATION OF OFFICE;  TERM.  (a)  The commissioners court of a county may establish the office of county fire marshal and provide office facilities, equipment, transportation, assistants, and professional services for that office.
(b)  The commissioners court shall establish the term of office for a county fire marshal for a period not to exceed two years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.012. Qualifications for Office

Sec. 352.012.  QUALIFICATIONS FOR OFFICE.  (a)  To qualify for office, the county fire marshal must take the oath prescribed by the constitution of this state and post a bond as required by the commissioners court conditioned that the marshal will faithfully and strictly perform the duties of the office.
(b)  The county fire marshal may not be directly or indirectly interested in the sale of fire-fighting equipment and may not be engaged in any type of fire insurance business.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.013. Investigation of Fires

Sec. 352.013.  INVESTIGATION OF FIRES.  (a)  The county fire marshal shall:
(1)  investigate the cause, origin, and circumstances of fires that occur within the county but outside the municipalities in the county and that destroy or damage property or cause injury;  and
(2)  determine whether a fire was the result of negligent or intentional conduct.
(b)  The commissioners court of a county, with the advice of the county fire marshal, shall adopt rules and procedures for determining which fires warrant investigation by the county fire marshal.  The county fire marshal shall begin an investigation within 24 hours after the receipt of information regarding a fire that warrants investigation under commissioners court rules and procedures.  The 24-hour period does not include a Sunday.
(c)  In the performance of official duties, the county fire marshal, at any time of day, may enter and examine a structure where a fire has occurred and may examine adjacent premises.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 371, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.014. Record of Investigation

Sec. 352.014.  RECORD OF INVESTIGATION.  The county fire marshal shall keep a record of each fire that the marshal is required to investigate.  The record must include the facts, statistics, and circumstances determined by the investigation, including the origin of the fire and the estimated amount of the loss.  Each fire department and state or local agency that provides emergency medical services must submit reports requested by the county fire marshal in a timely manner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 64, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 371, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.015. Arson Investigation

Sec. 352.015.  ARSON INVESTIGATION.  (a)  If the county fire marshal determines that further investigation of a fire or of an attempt to set a fire is necessary, the marshal may:
(1)  subpoena witnesses to testify regarding the fire or attempt;
(2)  administer oaths to the witnesses;
(3)  take and preserve written statements, affidavits, and depositions;  and
(4)  require the production of an instrument that is pertinent to the investigation.
(b)  The county fire marshal shall file in a court of competent jurisdiction a complaint charging arson, attempted arson, conspiracy to defraud, or any other crime against a person the marshal believes to be guilty.
(c)  The county fire marshal shall file charges under Section 352.021 in a court of competent jurisdiction against a witness who refuses to cooperate with the investigation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle B - County Public Safety › Chapter 352 - County Fire Protection › Subchapter B. County Fire Marshal › Section 352.016. Inspection or Review of Plan for Fire or Life Safety Hazards

Sec. 352.016.  INSPECTION OR REVIEW OF PLAN FOR FIRE OR LIFE SAFETY HAZARDS.  (a)  In this section, "fire or life safety hazard" means any condition that endangers the safety of a structure or its occupants and promotes or causes fire or combustion, including:
(1)  the presence of a flammable substance;
(2)  a dangerous or dilapidated wall, ceiling, or other structural element;
(3)  improper electrical components, heating, or other building services or facilities;
(4)  the presence of a dangerous chimney, flue, pipe, main, or stove, or of dangerous wiring;
(5)  dangerous storage, including storage or use of hazardous substances;  or
(6)  inappropriate means of egress, fire protection, or other fire-related safeguard.
(b)  In the interest of safety and fire prevention, the county fire marshal may inspect for fire or life safety hazards any structure, appurtenance, fixture, or real property located within 500 feet of a structure, appurtenance, or fixture.  The marshal shall inspect a structure for fire or life safety hazards if called on to do so.  In the absence of a county fire code, the county fire marshal may conduct an inspection using any nationally recognized code or standard adopted by the state.  If the marshal determines the presence of a fire or life safety hazard, the marshal may order the owner or occupant of the premises to correct the hazardous situation.  If ordered to do so, an owner or occupant shall correct the hazardous situation in accordance with the order.
(b-1)  In the interest of safety and fire prevention, the county fire marshal shall, if required, and may, if requested, review the plans of a business, single-family residence, multi-family dwelling, or commercial property for fire or life safety hazards.
(c)  The commissioners court by order may authorize the county fire marshal to charge a fee to the owner of a business, a multi-family dwelling, or commercial property for a plan review or inspection conducted under this section in a reasonable amount determined by the commissioners court to cover the cost of the plan review or inspection.
(d)  The commissioners court by order may authorize the county fire marshal to charge a fee to the owner of a single-family residence for a plan review or inspection conducted under this section in a reasonable amount determined by the commissioners court to cover the cost of the plan review or inspection, if the plan review or inspection is requested by the owner of the property.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 358, Sec. 1, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 760, Sec. 1, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 851, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 371, Sec. 1, eff. Sept. 1, 2003.