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Texas Local Government Code - Chapter 351 County Jails And Law Enforcement

Legal Research Home > Texas Laws > Local Government Code > Texas Local Government Code - Chapter 351 County Jails And Law Enforcement

  • Texas Local Government Code Section 351.001 - Duty To Provide Jails; Location
    (a) The commissioners court of a county shall provide safe and suitable jails for the county. (b) The jails must be located at the county ...
  • Texas Local Government Code Section 351.002 - Jail Standards
    The jail standards prescribed by this subchapter are minimum standards for county jails. Each county jail must comply with the minimum standards and the rules ...
  • Texas Local Government Code Section 351.003 - Exemption
    (a) A county with a population not large enough to justify building a new county jail or remodeling an existing county jail in order to ...
  • Texas Local Government Code Section 351.0035 - Temporary Housing
    (a) On request of the sheriff and the commissioners court of a county, the Commission on Jail Standards shall authorize a county to house a ...
  • Texas Local Government Code Section 351.0036 - Housing Of Correctional Program Participants
    (a) Notwithstanding the requirements of Section 351.0035, the Commission on Jail Standards is hereby authorized to adopt rules governing the temporary housing of prisoners in ...
  • Texas Local Government Code Section 351.004 - Structural And Maintenance Requirements
    A county jail must be: (1) structurally sound; (2) fire resistant; (3) properly ventilated, heated, and lighted; and (4) kept in good repair. Acts 1987, ...
  • Texas Local Government Code Section 351.007 - Space Requirements
    (a) A county jail cell designed for one person only must have a clear floor area of 40 square feet or more. (b) Any other ...
  • Texas Local Government Code Section 351.008 - Access To Day Room
    A cell, compartment, or dormitory used in a county jail for sleeping purposes and designed to accommodate three or more prisoners must be accessible to ...
  • Texas Local Government Code Section 351.009 - Safety Vestibule
    (a) To provide safety to officers and security, entrance to and exit from a cell block or a group of cells or compartments used to ...
  • Texas Local Government Code Section 351.010 - Sanitation And Health Requirements
    A county jail must be: (1) provided with safe water in ample quantity; (2) provided with sewage disposal facilities in accordance with good sanitation standards; ...
  • Texas Local Government Code Section 351.011 - Furnishings Of Cells, Compartments, And Dormitories
    (a) A county jail cell designed for one prisoner only must have a toilet, a combination sink and drinking fountain, a table, and a seat. ...
  • Texas Local Government Code Section 351.012 - Furnishings Of Day Rooms
    (a) A day room designed in a county jail for three or more prisoners must have: (1) for every eight prisoners to be confined in ...
  • Texas Local Government Code Section 351.013 - Bunks
    (a) A cell, compartment, or dormitory in a county jail must have for each prisoner one bunk that is not less than two feet, three ...
  • Texas Local Government Code Section 351.014 - Holding Insane Persons
    (a) A person suspected to be or adjudged insane may not be held in a county jail unless the person: (1) demonstrates homicidal tendencies; and ...
  • Texas Local Government Code Section 351.015 - Enforcement
    This subchapter is enforceable by the Commission on Jail Standards. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. ...
  • Texas Local Government Code Section 351.031 - Contract
    (a) The commissioners courts of two or more counties may contract with each other for the joint operation of a jail to serve the counties. ...
  • Texas Local Government Code Section 351.032 - Location Of Facility
    A joint facility is not required to be located at the county seat of one of the counties. Acts 1987, 70th Leg., ch. 149, § ...
  • Texas Local Government Code Section 351.033 - Financing
    A county whose share of capital expenditures under the contract includes costs of acquiring land or acquiring, constructing, enlarging, or improving a joint facility may ...
  • Texas Local Government Code Section 351.034 - Administrator
    (a) The sheriff of the county in which the jail is located shall serve as administrator of the jail. (b) The sheriff may decline to ...
  • Texas Local Government Code Section 351.035 - Duties
    The sheriff or jail administrator has all the powers, duties, and responsibilities with regard to keeping prisoners and operating the jail that are given by ...
  • Texas Local Government Code Section 351.041 - Sheriff
    (a) The sheriff of each county is the keeper of the county jail. The sheriff shall safely keep all prisoners committed to the jail by ...
  • Texas Local Government Code Section 351.0415 - Commissary Operation By Sheriff Or Private Vendor
    (a) The sheriff of a county or the sheriff's designee, including a private vendor operating a detention facility under contract with the county, may operate, ...
  • Texas Local Government Code Section 351.04155 - Commissary Operation By Sheriff In Certain Counties
    (a) This section applies only to a county that: (1) has a population of one million or more; (2) has two municipalities with a population ...
  • Texas Local Government Code Section 351.042 - Jail Administrator In Bexar County
    The Commissioners Court of Bexar County may appoint a jail administrator who shall exercise all power, supervision, and control over the jail, including the duties ...
  • Texas Local Government Code Section 351.043 - Federal Prisoners
    (a) The sheriff or jailer may receive into the county jail a federal prisoner delivered by a federal law enforcement officer unless the sheriff or ...
  • Texas Local Government Code Section 351.044 - Prisoner In Another County's Jail
    A county to which a prisoner is sent due to the lack of a safe jail in the sending county as determined by the Commission ...
  • Texas Local Government Code Section 351.061 - Authority To Contract
    To protect the public interest, the commissioners court of a county may contract with a nongovernmental association for the provision of law enforcement services by ...
  • Texas Local Government Code Section 351.062 - Fees
    (a) The commissioners court shall determine the amount of the fee charged by the county. The fees must recover 100 percent of the cost to ...
  • Texas Local Government Code Section 351.063 - Services By Sheriff Or County Official
    The commissioners court may request the sheriff of the county or a county official who has law enforcement authority to provide the services in the ...
  • Texas Local Government Code Section 351.064 - Use Of Deputies
    (a) If the sheriff or county official agrees to provide the services, the sheriff or official may provide the services by using deputies. The sheriff ...
  • Texas Local Government Code Section 351.065 - Reports By Deputies
    A deputy performing duties under the contract shall submit written copies of any felony offense report and subsequent copies of investigative reports to the sheriff ...
  • Texas Local Government Code Section 351.066 - Duties In Area Served By Municipal Police
    (a) A deputy performing duties in an area served by a municipal police department shall promptly notify the police department of the deputy's receipt and ...
  • Texas Local Government Code Section 351.067 - Municipal Approval Of Contract Covering Area Within Municipality
    (a) If, under a proposed contract, the county would provide law enforcement services within the corporate limits of a municipality, the county shall submit a ...
  • Texas Local Government Code Section 351.081 - Establishment In Populous Counties
    The commissioners court of a county with a population of more than 3.3 million or a county that borders the Gulf of Mexico may establish ...
  • Texas Local Government Code Section 351.082 - Appointment Of Chief
    The commissioners court shall appoint the county sheriff or other qualified person as chief of the department. The chief shall administer the department under the ...
  • Texas Local Government Code Section 351.083 - Law Enforcement Services In County Parks
    The department shall provide law enforcement services within the county parks of the county and, in a county that borders the Gulf of Mexico, in ...
  • Texas Local Government Code Section 351.084 - Staff; Authority As Peace Officers
    (a) To carry out the functions of the department, the chief shall employ county park rangers as peace officers and shall employ administrative staff in ...
  • Texas Local Government Code Section 351.101 - Authority To Contract
    The commissioners court of a county, with the approval of the sheriff of the county, may contract with a private organization to place inmates in ...
  • Texas Local Government Code Section 351.102 - Additional Authority To Contract
    The commissioners court of a county may contract with a private vendor to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management ...
  • Texas Local Government Code Section 351.103 - Contract Requirements
    A contract made under Section 351.102 must: (1) if the contract includes operation or management of the facility by the private vendor, require the private ...
  • Texas Local Government Code Section 351.1035 - Disadvantaged Businesses
    (a) In this section, "disadvantaged business" means: (1) a corporation formed for the purpose of making a profit in which at least 51 percent of ...
  • Texas Local Government Code Section 351.104 - Sovereign Immunity Inapplicable
    A private vendor operating under a contract authorized by Section 351.102 is not entitled to claim sovereign immunity in a suit arising from the services ...
  • Texas Local Government Code Section 351.121 - Definitions
    In this subchapter: (1) "Board" means the board of directors of the district. (2) "Cooperating county" means a county that has contracted with one or ...
  • Texas Local Government Code Section 351.122 - Eligible Counties; Purpose; Boundaries
    (a) A jail district may be created by a county or by two or more counties that have contracted with one another for the joint ...
  • Texas Local Government Code Section 351.123 - Petition
    (a) To create a district, a petition requesting creation of the district must be filed with the county clerk's office of each county in the ...
  • Texas Local Government Code Section 351.124 - Hearing
    (a) The commissioners court of each county in the proposed district shall consider the petition for creation of the district at a public hearing. (b) ...
  • Texas Local Government Code Section 351.125 - Granting Or Denying Petition
    (a) Within 10 days after the date of the conclusion of the hearing, the commissioners court holding the hearing shall grant the petition pending approval ...
  • Texas Local Government Code Section 351.126 - Appointment Of Temporary Directors
    (a) If the commissioners courts of all counties in the proposed district grant the petition's request for creation of the district, the commissioners court of ...
  • Texas Local Government Code Section 351.127 - Confirmation Election
    (a) Within 30 days after the date all temporary directors have been appointed and have qualified, the board of a proposed district shall meet and ...
  • Texas Local Government Code Section 351.128 - Bond And Tax Proposition
    (a) At an election to confirm the creation of a district, the board may include a proposition to approve the issuance of bonds and the ...
  • Texas Local Government Code Section 351.129 - Board Of Directors
    (a) The district is governed by a board of directors composed of three directors from the county in the district with the greatest population and ...
  • Texas Local Government Code Section 351.130 - Method Of Election; Staggered Terms; Term Of Office; Election Date
    (a) Two directors shall be elected from each county in the district, except that three directors shall be elected from the county in the district ...
  • Texas Local Government Code Section 351.131 - Oath; Compensation; Officers; Quorum
    (a) Each director shall take the constitutional oath of office. (b) Each director is entitled to receive compensation in an annual amount not to exceed ...
  • Texas Local Government Code Section 351.132 - General Manager; Employees
    (a) The board shall employ a general manager to serve as the chief administrative officer of the district. The board may delegate to the general ...
  • Texas Local Government Code Section 351.133 - District Office; Meetings; Minutes; Records; Seal
    (a) The board shall maintain a main office in the district for conducting the business of the district. The board shall maintain any other offices ...
  • Texas Local Government Code Section 351.134 - Contracts; Suits; Payment Of Judgment; Insurance
    (a) The board may enter into contracts as provided by this subchapter and shall execute those contracts in the name of the district. (b) The ...
  • Texas Local Government Code Section 351.135 - General Powers
    To carry out this subchapter, the district may: (1) apply for, accept, receive, and administer gifts, grants, loans, and other funds available from any source; ...
  • Texas Local Government Code Section 351.136 - Acquisition Of Property For Site; Lease; Eminent Domain
    (a) The district may acquire by gift, grant, purchase, or condemnation any land, easements, rights-of-way, and other property interests necessary to construct or improve a ...
  • Texas Local Government Code Section 351.137 - Construction Contracts
    (a) The district may contract with any person to construct or improve any part of a jail facility. (b) Construction contracts requiring an expenditure of ...
  • Texas Local Government Code Section 351.138 - Contractor's Bond
    (a) A contractor shall execute a bond. The bond must be in an amount determined by the board, not to exceed the contract price, payable ...
  • Texas Local Government Code Section 351.139 - Monitoring Construction Work
    (a) Until a jail facility is conveyed to a receiving county under Section 351.141, the board has control of any construction, acquisition, or improvement of ...
  • Texas Local Government Code Section 351.140 - Payment For Construction Work
    (a) The district shall make monthly progress payments under construction contracts as the work proceeds or at more frequent intervals as determined by the board. ...
  • Texas Local Government Code Section 351.141 - Final Approval And Conveyance By Board
    (a) On receiving the final construction inspection report, the board shall give notice and schedule a public hearing to determine whether the jail facility is ...
  • Texas Local Government Code Section 351.142 - Responsibilities Of Receiving County
    (a) On completion and approval by the board of the construction or the acquisition and any improvement of a facility constructed or acquired by a ...
  • Texas Local Government Code Section 351.143 - Changes And Additions To Facilities
    (a) Before a jail facility is conveyed to a receiving county, the district may make changes in or additions to the facility if the board ...
  • Texas Local Government Code Section 351.144. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND SUPPLIES OVER $5,000. (a) If the estimated amount of a proposed contract for the purchase of vehicles, equipment, or supplies is more than $15,000, the board shall ask for competitive bids in accordance with the bidding procedures provided by the County Purchasing Act (Subchapter C, Chapter 262) except that the bids shall be presented to the board and the board shall award the contract. (b) This section does not apply to purchases of property from public agencies or to contracts for personal or professional services. Added by Acts 1989, 71st Leg., ch. 1, § 74(a), eff. Aug - 28, 1989
    Amended by Acts 1993, 73rd Leg., ch. 757, § 19, eff. Sept. 1, 1993. ...
  • Texas Local Government Code Section 351.145 - Fiscal Year; Annual Audit; Annual Budget
    (a) The district shall be operated on the basis of a fiscal year established by the board. The fiscal year may not be changed more ...
  • Texas Local Government Code Section 351.146 - Depository
    (a) The board shall name one or more banks to serve as depository for district funds. (b) District funds, other than those transmitted to a ...
  • Texas Local Government Code Section 351.147 - Investments
    (a) Funds of the district may be invested and reinvested by the board or its authorized representative in direct or indirect obligations of the United ...
  • Texas Local Government Code Section 351.148 - Repayment Of Organizational Expenses
    (a) The board may pay all costs and expenses necessarily incurred in the creation and organization of a district, legal fees, and other incidental expenses ...
  • Texas Local Government Code Section 351.149 - Issuance Of Bonds
    The board may issue and sell bonds in the name of the district to acquire land to erect a jail facility and to construct, acquire, ...
  • Texas Local Government Code Section 351.150 - Manner Of Repayment Of Bonds
    The board may provide for the payment of the principal of and interest on the bonds: (1) from the levy and collection of ad valorem ...
  • Texas Local Government Code Section 351.151 - Bond And Tax Election
    (a) Bonds secured in whole or in part by taxes may not be issued by the district until the bonds and the taxes are authorized ...
  • Texas Local Government Code Section 351.152 - Form Of Bonds
    (a) A district may issue its bonds in various series or issues. (b) Bonds may mature serially or otherwise not more than 50 years from ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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) ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 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 ...
  • Texas Local Government Code Section 351.903 - County Juvenile Curfew
    (a) To provide for the public safety, the commissioners court of a county by order may adopt a curfew to regulate the movements or actions ...
  • Last modified: August 11, 2007