Tex. Local Gov't Code Section 351.103
Contract Requirements


A contract made under Section 351.102 (Additional Authority to Contract) must:

(1)

if the contract includes operation or management of the facility by the private vendor, require the private vendor to operate the facility in compliance with minimum standards adopted by the Commission on Jail Standards and receive and retain a certification of compliance from the commission;

(2)

if the contract includes operation or management of the facility by the private vendor, provide for regular, on-site monitoring by the sheriff;

(3)

if the contract includes construction, require a performance bond approved by the commissioners court that is adequate and appropriate for the proposed construction contract;

(4)

provide for assumption of liability by the private vendor for all claims arising from the services performed under the contract by the private vendor;

(5)

if the contract includes operation or management of the facility by the private vendor, provide for an adequate plan of insurance for the private vendor and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights, arising from the services performed under the contract by the private vendor;

(6)

if the contract includes operation or management of the facility by the private vendor, provide for a plan for the purchase and assumption of operations by the county in the event of the bankruptcy of the private vendor;

(7)

if the contract includes operation or management of the facility by the private vendor and if the contract involves conversion of an existing county facility to private vendor operation, require the private vendor to give preferential consideration in hiring to employees at the existing facility who meet or exceed the company’s qualifications and standards for employment in available positions;

(8)

if the contract includes operation or management of the facility by the private vendor, require the private vendor to provide health care benefits comparable to that of the county;

(9)

provide for an adequate plan of insurance to protect the county against all claims arising from the services performed under the contract by the private vendor and to protect the county from actions by a third party against the private vendor, its officers, guards, employees, and agents as a result of the contract; and

(10)

if the contract includes operation or management of the facility by the private vendor, contain comprehensive standards for conditions of confinement.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 73(a), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 479, Sec. 3, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 1299, Sec. 1, eff. June 18, 1999.

Source: Section 351.103 — Contract Requirements, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­351.­htm#351.­103 (accessed Jun. 5, 2024).

351.001
Duty to Provide Jails
351.002
Jail Standards
351.003
Exemption
351.004
Structural and Maintenance Requirements
351.007
Space Requirements
351.008
Access to Day Room
351.009
Safety Vestibule
351.010
Sanitation and Health Requirements
351.011
Furnishings of Cells, Compartments, and Dormitories
351.012
Furnishings of Day Rooms
351.013
Bunks
351.014
Holding Insane Persons
351.015
Enforcement
351.031
Contract
351.032
Location of Facility
351.033
Financing
351.034
Administrator
351.0035
Temporary Housing
351.035
Duties
351.0036
Housing of Correctional Program Participants
351.041
Sheriff
351.042
Jail Administrator in Bexar County
351.043
Federal Prisoners
351.044
Prisoner in Another County’s Jail
351.045
Employment of Health Care Providers
351.046
Notice to Certain Governmental Entities
351.047
Assistance with Reinstatement of Benefits
351.048
Duties Following Miscarriage or Physical or Sexual Assault of Pregnant Prisoner
351.061
Authority to Contract
351.062
Fees
351.063
Services by Sheriff or County Official
351.064
Use of Deputies
351.065
Reports by Deputies
351.066
Duties in Area Served by Municipal Police
351.067
Municipal Approval of Contract Covering Area Within Municipality
351.081
Establishment in Populous Counties
351.082
Appointment of Chief
351.083
Law Enforcement Services in County Parks
351.084
Staff
351.101
Authority to Contract
351.102
Additional Authority to Contract
351.103
Contract Requirements
351.104
Sovereign Immunity Inapplicable
351.121
Definitions
351.122
Eligible Counties
351.123
Petition
351.124
Hearing
351.125
Granting or Denying Petition
351.126
Appointment of Temporary Directors
351.127
Confirmation Election
351.128
Bond and Tax Proposition
351.129
Board of Directors
351.130
Method of Election
351.131
Oath
351.132
General Manager
351.133
District Office
351.134
Contracts
351.135
General Powers
351.136
Acquisition of Property for Site
351.137
Construction Contracts
351.138
Contractor’s Bond
351.139
Monitoring Construction Work
351.140
Payment for Construction Work
351.141
Final Approval and Conveyance by Board
351.142
Responsibilities of Receiving County
351.143
Changes and Additions to Facilities
351.145
Fiscal Year
351.146
Depository
351.147
Investments
351.148
Repayment of Organizational Expenses
351.149
Issuance of Bonds
351.150
Manner of Repayment of Bonds
351.151
Bond and Tax Election
351.152
Form of Bonds
351.153
Provisions of Bonds
351.154
Approval by Attorney General
351.155
Refunding Bonds
351.156
Bonds as Investments
351.157
Tax Status of Bonds
351.158
Levy of Taxes
351.159
Dissolution of District
351.181
Establishment
351.182
Powers and Duties of Sheriff
351.183
Programs
351.184
Certification
351.185
Payment of State Aid
351.186
Reports
351.201
County Jail Industries Program
351.202
Revenue
351.251
Definitions
351.252
Establishment
351.253
Presiding Officer
351.254
Meetings
351.255
Vacancies
351.256
Adult Sexual Assault Response Protocol
351.257
Report
351.258
Meetings and Records
351.0415
Commissary Operation by Sheriff or Private Vendor
351.901
Donation to Certain Crime Stoppers and Crime Prevention Organizations
351.902
Bureau of Criminal Identification
351.904
Electronic Monitoring Program
351.1035
Disadvantaged Businesses
351.04155
Commissary Operation by Sheriff in Certain Counties

Accessed:
Jun. 5, 2024

§ 351.103’s source at texas​.gov