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Texas Human Resources Code - Section 141.086. Funding And Construction Of Post-Adjudication Facilities

Legal Research Home > Texas Lawyer > Human Resources Code > Texas Human Resources Code - Section 141.086. Funding And Construction Of Post-Adjudication Facilities

§ 141.086. FUNDING AND CONSTRUCTION OF POST-ADJUDICATION FACILITIES. (a) The commission may provide state aid to a county to acquire, construct, and equip post-adjudication residential or day-treatment centers from money appropriated for those purposes. The facilities may be used for children who are placed on probation by a juvenile court under Section 54.04, Family Code, as an alternative to commitment to the facilities of the Texas Youth Commission. (b) State funds provided to counties under Subsection (a) must be matched by local funds equal to at least one-fourth of the state funds. (c) From money appropriated for construction of the facilities described by Subsection (a), the commission shall contract with the Texas Department of Criminal Justice for construction management services, including: (1) evaluation of project plans and specifications; and (2) review and comment on the selection of architects and engineers, change orders, and sufficiency of project inspection. (d) On completion of the review of project plans and specifications under Subsection (c), the Texas Department of Criminal Justice shall issue a comprehensive report that states in detail the proposed cost of the project. The commission shall use the report in making a comparative evaluation of proposed projects and shall give priority to the projects the commission finds are the most effective and economical. (e) The commission may not award money for a capital construction project for a facility under this section unless the commission receives from the commissioners court of the county intending to use the facility a written commitment that the commissioners court has reviewed and accepted the conditions of the award. If more than one county intends to use the facility, the commission must receive from each county a written commitment that the county will agree with the other counties to an interlocal contract to operate the facility in accordance with the conditions of the award. (f) A county receiving state aid under this section shall adhere to commission standards for the construction and operation of a post-adjudication secure residential facility. (g) For a facility constructed under this section, not more than 25 percent of the operating costs of the facility may be reimbursed by the commission. (h) It is the intent of the legislature to appropriate the full amount of money authorized under Subsection (g). (i) The commission shall conduct an annual audit of the operating costs for a fiscal year of a facility constructed under this section for each fiscal year through fiscal year 1999. The commission shall submit a report on the results of the audit to the Legislative Budget Board and the governor not later than the 60th day after the last day of the fiscal year covered by the audit. (j) In this section, "operating costs" means the operating costs of a facility at an 80-percent occupancy rate. Added by Acts 1995, 74th Leg., ch. 262, § 72, eff. Jan. 1, 1996. Amended by Acts 1999, 76th Leg., ch. 1477, § 35, eff. Sept. 1, 1999.

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Last modified: August 10, 2007