SECTION 297.15. County Contract with Private Entity for Jail Facilities

(a) 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 of a facility for the confinement of persons accused or convicted of an offense.

(b) Contracts for these purposes shall comply with Local Government Code, §§351.101-351.104 (concerning county contract with private entity for jail facilities).

(c) If the contract includes construction of a new facility or renovation of an existing facility, the construction documents shall be submitted and reviewed in accordance with Chapter §257 of this title (relating to Construction Approval Rules).

(d) Facility operational plans, as required by the Commission, shall be developed by the private operator of the facility in consultation with the sheriff and shall be approved by the sheriff, in writing, prior to submission to the Commission for approval. Approval by the sheriff shall not be unreasonably withheld. Revised plans shall similarly be submitted when there is a change of sheriffs, operator, types of persons being confined, or operational procedures.

(e) The sheriff shall exercise regular on-site monitoring over the private jail facility, in accordance with the Local Government Code, §351.103 (concerning Contract Requirements). The specifics of such on-site monitoring, including the resolution of disputes, disagreements, or deficiencies shall be provided for in the contract and facility operational plans.

Source Note: The provisions of this §297.15 adopted to be effective December 4, 2022, 47 TexReg 8043