Tex. Gov't Code Section 511.0092
Contracts for Out-of-state Inmates


(a)

The only entities other than the state that are authorized to operate a correctional facility to house in this state inmates convicted of offenses committed against the laws of another state of the United States are:

(1)

a county or municipality; and

(2)

a private vendor operating a correctional facility under a contract with a county under Subchapter F (Authority to Contract), Chapter 351 (County Jails and Law Enforcement), Local Government Code, or a municipality under Subchapter E (Authority to Contract), Chapter 361 (Municipal and County Authority Relating to Jails), Local Government Code.

(b)

A county commissioners court or the governing body of a municipality may enter into a contract with another state or a jurisdiction in another state for the purpose described by Subsection (a) only if:

(1)

the county or municipality submits to the commission:

(A)

a statement of the custody level capacity and availability in the correctional facility that will house the inmates; and

(B)

a written plan explaining the procedure to be used to coordinate law enforcement activities in response to any riot, rebellion, escape, or other emergency situation occurring in the facility; and

(2)

the commission:

(A)

inspects the facility and reviews the statement and plan submitted under Subdivision (1); and

(B)

after the inspection and review, determines that the correctional facility is a proper facility for housing the inmates and provides the county or municipality with a copy of that determination.

(c)

A private vendor operating a correctional facility in this state may not enter into a contract for the purposes of Subsection (a) with another state or a jurisdiction in another state.

(d)

A contract described by Subsection (b) must provide that:

(1)

each correctional facility in which inmates are to be housed meets minimum standards established by the commission;

(2)

each inmate to be released from custody must be released in the sending state;

(3)

before transferring an inmate, the receiving facility shall review for compliance with the commission’s classification standards:

(A)

all records concerning the sending state’s classification of the inmate, including records relating to the inmate’s conduct while confined in the sending state; and

(B)

appropriate medical information concerning the inmate, including certification of tuberculosis screening or treatment;

(4)

except as provided by Subsection (e), the sending state will not transfer and the receiving facility will not accept an inmate who has a record of institutional violence involving the use of a deadly weapon or a pattern of violence while confined in the sending state or a record of escape or attempted escape from secure custody;

(5)

the receiving entity will determine the inmate’s custody level in accordance with commission rules, in order to ensure that the custody level assignments for the facility as a whole are compatible with the construction security level availability in the facility; and

(6)

the receiving facility is entitled to terminate at will the contract by providing the sending state with 90 days’ notice of the intent to terminate the contract.

(e)

The commission may waive the requirement that a contract contain the provision described by Subsection (d)(4) if the commission determines that the receiving facility is capable of confining an inmate described by Subsection (d)(4).

(f)

A county, municipality, or private vendor operating under a contract described by Subsection (b) shall:

(1)

send a copy of the contract to the commission;

(2)

require all employees at the facility to maintain certification as required by the Texas Commission on Law Enforcement;

(3)

submit to inspections by the commission; and

(4)

immediately notify the commission of any riot, rebellion, escape, or other emergency situation occurring at the facility.

(g)

The commission may require the sending state or an entity described in Subsection (a) to reimburse the state for any cost incurred by a state agency in responding to any riot, rebellion, escape, or other emergency situation occurring at the facility.

(h)

Notwithstanding the provisions of Chapter 252 (Purchasing and Contracting Authority of Municipalities), Chapter 262 (Purchasing and Contracting Authority of Counties), Subchapter F (Authority to Contract), Chapter 351 (County Jails and Law Enforcement), or Subchapter E, Chapter 361 (Municipal and County Authority Relating to Jails), Local Government Code, the governing body of a municipality or a county commissioners court may enter into a contract with a private vendor to provide professional services under this section if the commission reviews and approves the private vendor’s qualifications to provide such services and the terms of the proposed contract comply with this section.

(i)

Chapter 1702 (Private Security), Occupations Code, does not apply to an employee of a facility in the actual discharge of duties as an employee of the facility if the employee is required by Subsection (f)(2) to maintain certification from the Texas Commission on Law Enforcement.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.764, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.30, eff. May 18, 2013.

Source: Section 511.0092 — Contracts for Out-of-state Inmates, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­511.­htm#511.­0092 (accessed Jun. 5, 2024).

511.001
Definitions
511.002
Commission
511.003
Sunset Provision
511.004
Membership
511.005
Presiding Officer
511.006
Meetings
511.007
Compensation
511.008
Director
511.009
General Duties
511.010
Gathering of Information
511.011
Report on Noncompliance
511.012
Failure to Comply After Report
511.013
Appeal of Order
511.014
Action to Enforce
511.015
Annual Reports
511.016
Audits
511.017
Duties Related to State Jail Felony Facilities
511.018
Alternative Dispute Resolution
511.019
Prisoner Safety Fund
511.020
Serious Incidents Report
511.021
Independent Investigation of Death Occurring in County Jail
511.022
Advisory Committee
511.023
Intake of Persons with Intellectual or Developmental Disabilities
511.0041
Removal of Commission Members
511.0042
Conflict of Interest
511.0061
Use of Technology
511.0071
Complaints and Access
511.0072
Complaint Information
511.0081
Advisory Committees
511.0085
Risk Factors
511.0086
Risk-based Inspections
511.0091
Fees
511.0092
Contracts for Out-of-state Inmates
511.0093
Rules and Fees Related to Out-of-state Inmates
511.0094
Exclusion of Jails or Correctional Facilities Housing Only Federal Prisoners
511.0095
Authority to House Out-of-state Inmates
511.0096
Termination of Contracts for Out-of-state Inmates
511.0097
Fire Sprinkler Head Inspection
511.0098
Prisoner Health Benefits Coverage Information
511.0101
Jail Population Reports
511.0102
Information on Licensed Jailer Turnover
511.0103
Notification Regarding Policy Change
511.0104
Rules Regarding Restraint of Pregnant Prisoner
511.0105
Report Regarding Restraint of Pregnant Prisoner
511.0106
Electronic Submission of Forms, Data, and Documents
511.0115
Public Information About Compliance Status of Jails
511.0121
Failure to Cooperate in Parole in Absentia Program
511.0145
Enforcement Actions
511.00405
Training
511.00901
Duty Regarding Minimum Standards
511.00902
Reinspection
511.00903
Inspection Trend Analysis
511.00905
Jail Administrator Position

Accessed:
Jun. 5, 2024

§ 511.0092’s source at texas​.gov