Texas Government Code - Section 495.001. Authority To Contract
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Texas Laws > Government Code > Texas Government Code - Section 495.001. Authority To Contract
Section: 494.003 494.004 494.007 494.008 494.010 494.011 494.012 495.001 495.002 495.003 495.004 495.005 495.006 495.007 495.008
§ 495.001. AUTHORITY TO CONTRACT. (a) The board may
contract with a private vendor or with the commissioners court of a
county for the financing, construction, operation, maintenance, or
management of a secure correctional facility.
(b) A facility operated, maintained, and managed under this
subchapter by a private vendor or county must:
(1) hold not more than an average daily population of
(2) comply with federal constitutional standards and
applicable court orders; and
(3) receive and retain, as an individual facility,
accreditation from the American Correctional Association.
(c) A facility authorized by this subchapter may be located
on private land or on land owned by the state or a political
subdivision of the state. The board may accept land donated for
(d) The population requirements imposed by Subsection
(b)(1) do not apply to a facility that is under construction or
completed before April 14, 1987.
(e) The board shall give priority to entering contracts
under this subchapter that will provide the institutional division
with secure regionally based correctional facilities designed to
successfully reintegrate inmates into society through preparole,
prerelease, work release, and prison industries programs.
(f) Notwithstanding Subsection (b)(1), a facility that
before December 1, 1991, was operated, maintained, and managed
under this subchapter by a private vendor or county may not hold
more than an average daily population of 500 inmates, unless the
commissioners court of the county in which the facility is located
expresses in a resolution on the subject that the limit on
population imposed by this subsection should not apply to the
Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1,
1989. Renumbered from V.T.C.A., Government Code § 494.001 and
amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug.
26, 1991. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, §
2.01, eff. Dec. 1, 1991.
Last modified: August 11, 2007