SUBCHAPTER A COUNTY JAIL FACILITIES
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER B INTERCOUNTY COOPERATION FOR JAIL FACILITIES
- Texas Section 351.015 - Enforcement
This subchapter is enforceable by the Commission on Jail Standards. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
- Texas 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 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, Sec....
- Texas 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 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...
SUBCHAPTER C OPERATION OF COUNTY JAILS
- Texas 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 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 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 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 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 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 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...
SUBCHAPTER D CONTRACTS FOR LAW ENFORCEMENT SERVICES ON FEE BASIS
- Texas Section 351.045 - Employment Of Health Care Providers
(a) The commissioners court of a county may appoint, contract for, or employ licensed physicians, dentists, or other health care providers to provide health care...
- Texas 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 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 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 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 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 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...
SUBCHAPTER E COUNTY PARK RANGERS
- Texas 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 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 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 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...
SUBCHAPTER F COUNTY CONTRACT WITH PRIVATE ENTITY FOR JAIL FACILITIES
- Texas 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 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 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 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 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...
SUBCHAPTER G JAIL DISTRICT
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Section 351.144 - Contracts For Purchase Of Vehicles, Equipment, And Supplies Over $5,000
Sec. 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...
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER H COUNTY CORRECTIONAL CENTERS
- Texas 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 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 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 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 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 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...
SUBCHAPTER I COUNTY JAIL INDUSTRIES PROGRAM
- Texas 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 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...
SUBCHAPTER Z MISCELLANEOUS LAW ENFORCEMENT PROVISIONS
- Texas 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 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 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 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...
- Texas Section 351.904 - Electronic Monitoring Program
(a) A commissioners court of a county may establish and operate an electronic monitoring program for the purpose of monitoring defendants required by a court...