CHAPTER 361. MUNICIPAL AND COUNTY AUTHORITY RELATING TO JAILS

State Codes and Statutes

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LOCAL GOVERNMENT CODE

TITLE 11. PUBLIC SAFETY

SUBTITLE C. PUBLIC SAFETY PROVISIONS APPLYING TO MORE THAN ONE

TYPE OF LOCAL GOVERNMENT

CHAPTER 361. MUNICIPAL AND COUNTY AUTHORITY RELATING TO JAILS

SUBCHAPTER A. CRIMINAL JUSTICE CENTER IN CERTAIN MUNICIPALITIES

AND COUNTIES

Sec. 361.001. MUNICIPALITIES AND COUNTIES COVERED BY SUBCHAPTER.

This subchapter applies only to:

(1) a municipality that has a population of more than 17,500 and

is not the county seat; and

(2) the county in which that municipality is located.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.002. CRIMINAL JUSTICE CENTER; OFFICE RESTRICTION

INAPPLICABLE. (a) The municipality and county jointly or

severally may own, construct, equip, enlarge, and maintain as a

criminal justice center one or more buildings located in the

municipality.

(b) The criminal justice center must provide public facilities

related or incidental to the administration of criminal justice

and may include:

(1) accommodations for the handling, processing, and detention

of prisoners;

(2) offices for state, county, and municipal administrative and

judicial officials;

(3) courtrooms; and

(4) parking facilities.

criminal justice center in addition to any office facilities

maintained at the county seat, notwithstanding Section 291.002 or

any other law that restricts the location of county offices to

the county seat of the county.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.003. CONTRACT PROVISIONS RELATING TO JOINT CENTER. (a)

If the municipality and county agree to jointly provide a

criminal justice center, they may specify by contract the

purposes, terms, rights, and responsibilities of each of the

parties, including the:

(1) amount of money to be contributed by each party for land

acquisition costs, building acquisition costs, construction

costs, and equipment costs, or the proportionate amount of those

costs that each party is to pay;

(2) method or methods by which that money is to be provided;

(3) account or accounts in which the money is to be deposited;

(4) party that is to award construction contracts and other

contracts, or that the contracts are to be awarded by action of

both parties; and

(5) manner by which disbursements of the money are to be

authorized.

(b) The municipality and county may specify in the contract that

the money required to meet the costs of providing the center

shall be derived:

(1) from current income and funds on hand that are budgeted by

the municipality and county for that purpose;

(2) through the issuance of bonds by either or both of them

under the procedures prescribed for the issuance of general

obligation bonds for other public buildings and purposes;

(3) by the issuance by either or both of them of certificates of

obligation under the Certificate of Obligation Act of 1971

(Subchapter C, Chapter 271); or

(4) through a combination of those methods.

the payment of bonds or certificates of obligation issued under

Subsection (b), those bonds or certificates may be payable from

and secured by income derived from the facilities of the criminal

justice center, including income from leases and from the

proceeds of parking or other fees.

(d) The contract may provide for the creation of an

administrative agency or may designate one of the parties to

supervise the accomplishment of the purposes of the contract and

to operate and maintain the criminal justice center. The

administrative agency or designated party may employ personnel

and may engage in other administrative activities as necessary to

accomplish the purposes of the contract and to operate and

maintain the criminal justice center.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.004. GRANTS AND LOANS. To finance the facilities of

the criminal justice center, the municipality or county jointly

or severally may accept grants, gratuities, advances, and loans

from the United States, this state, an agency of this state, a

private or public corporation, or any other person.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. JUSTICE CENTERS LOCATED ON STATE LINE

Sec. 361.021. DEFINITION. In this subchapter, "law" means a

state statute, a written opinion of a court of record, a

municipal ordinance, an order of the commissioners court of a

county, or a rule adopted under a statute.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.022. CONTRACT TO PROVIDE JUSTICE CENTER. (a) A county

in this state and a municipality in that county, both of which

are located on the state line, may contract with an adjoining

county of the other state and any municipality in that county for

the joint construction, financing, operation, and management of a

justice center located on the state line. The municipality in

this state need not be the county seat of the county.

(b) The contract may provide that the justice center contain:

(1) courtrooms and office space needed by municipal, justice,

county, district, and appellate courts;

(2) jail, lockup, jail annex, and other detention facilities;

(3) federal, county, precinct, and municipal offices for

prosecuting attorneys and other personnel as needed;

(4) adult or juvenile probation offices;

(5) other offices that either county or either municipality is

separately authorized or required to operate or provide; or

(6) parking facilities, dining areas, and other facilities

incidental to the operation of the center.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1993, 73rd Leg., ch. 17, Sec. 1, eff. April 2,

1993.

Sec. 361.023. CONTRACTUAL AUTHORITY CONTINGENT ON LEGISLATION OF

OTHER STATE. A county or municipality in this state may make the

contract only if the other state enacts legislation that relates

to the establishment of a justice center under a contract and

that:

(1) assigns responsibility for the operation of the detention

facilities in the center in the manner required by Section

361.026;

(2) provides for the application and enforcement of the law of

both states in the manner provided by Section 361.028;

(3) contains provisions authorizing the arrest, prosecution,

transfer, and control of persons as prescribed by Sections

361.029(a)(2), (d), (e), and (f)(2);

(4) authorizes peace officers to take the actions authorized by

Sections 361.029(j) and (k); and

(5) provides that:

(A) a person in custody in the center under the law of this

state may not be prosecuted for an offense against the law of the

other state without extradition and may not be personally served

with process in the center for a proceeding in the other state;

(B) a person summoned to appear in the center under the law of

this state may not be personally served with process in any part

of the center for a proceeding in the other state; and

this state may not be arrested in any part of the center for an

offense against the law of the other state.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.024. FINANCING OF JUSTICE CENTER. The governing body

of the municipality or county in this state that makes the

contract may finance its share of the construction, operation,

management, or other financing costs of the justice center by any

means, including the use of available federal funds, that the

governing body may use to finance the type of facilities that the

municipality or county will use in or provide to the center.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.025. MANAGEMENT OF JUSTICE CENTER; PERSONNEL. (a) The

contracting parties may specify in the contract the manner of

determining the persons responsible for the:

(1) operation, alteration, maintenance, cleaning, and repair of

the justice center facilities;

(2) employment of the center personnel;

(3) purchase of materials, supplies, tools, and other equipment

to be jointly used by offices provided or used by the contracting

parties;

(4) preparation of reports to be made to the governing bodies of

the contracting parties;

(5) joint record-keeping, communications, or dispatch systems;

and

(6) performance of any other powers or duties relating to the

operation of the center.

(b) The contracting parties may provide in the contract the

manner of determining the personnel policies and employment

benefit programs for personnel of the justice center.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.026. RESPONSIBILITY FOR OPERATION OF JAIL. The

contract must provide:

(1) that the sheriffs of the two counties are jointly

responsible for the operation of any jail, lockup, jail annex, or

other detention facility in the justice center and for the

custody, care, and treatment of persons in custody in that

facility; or

(2) for the employment of a jailer who shall exercise those

responsibilities.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1993, 73rd Leg., ch. 17, Sec. 2, eff. April 2,

1993.

Sec. 361.027. COURTROOMS AND COURT PROCEEDINGS AT JUSTICE

CENTER. (a) A court of appeals or a district, county, justice,

or municipal court with jurisdiction in the county or

municipality in which a part of the justice center is located may

maintain offices and courtrooms and may hold proceedings at the

center, except that:

(1) only a justice court for the precinct in which the part of

the justice center in this state is located may maintain an

office and courtroom in the center; and

(2) a court of this state may not hold proceedings in the part

of the center that is located in the other state.

(b) A court of the other state may hold proceedings in the part

of the justice center that is located in this state.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.028. EXTENT TO WHICH EACH STATE'S LAW APPLIES AT

JUSTICE CENTER. (a) Except as otherwise provided by this

subchapter, the law of both states that relates to the rights,

duties, liabilities, privileges, and immunities arising from

conduct applies to conduct that occurs in any part of the justice

center. If it is impossible for a person in the center to conform

the person's conduct to the law of both states, the person may

choose which state's law governs the conduct. If the person

elects to follow the law of the other state, the conflicting law

of this state does not apply to the conduct.

(b) The physical plant of the justice center and the equipment

and facilities used by personnel of both states who are employed

at the center are constructively located in both states.

any part of the justice center that is owned by or is in the

possession of a person who is in custody at, or who is summoned

to appear in, the center, is constructively located in the state

under the law of which the person was taken into custody or was

summoned to appear.

(d) Subsection (a) applies to conduct committed in the justice

center that constitutes an offense relating to the possession of

property. Subsection (a) also applies to a person's exercise of a

duty relating to property located in the justice center.

(e) Property that is ordered by a court to be produced in the

justice center or that is in the possession of a peace officer or

a party to a proceeding for use as evidence before a court

holding a proceeding in the center is constructively located in

the state in which the court has jurisdiction.

(f) Any property located in the justice center that is not

covered by Subsection (c), (d), or (e) is constructively located

in both states.

(g) The law of the state in which property is constructively

located applies to that property to the same extent that that law

would apply if the property were actually located in that state.

If property is constructively located in only one state, the law

of the state in which the property is not constructively located

applies to that property only to the extent that the law of that

state would apply if the property were actually located outside

that state.

(h) Except as otherwise provided by this subchapter, the courts

of both states have concurrent jurisdiction over the geographic

area covered by the justice center. However, the state in which a

prosecution for an offense committed in the justice center is

first instituted may exercise its jurisdiction to the exclusion

of the other state's jurisdiction unless the prosecution is

terminated without the attachment of jeopardy under the law of

the state of the initial prosecution. For the purposes of this

subsection, prosecution is instituted in this state on the filing

of an indictment, an information, or a complaint. The attachment

of jeopardy in this state is determined by Article 27.05, Code of

Criminal Procedure.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.029. ARREST, PROSECUTION, EXTRADITION, AND SERVICE OF

PROCESS AT JUSTICE CENTER. (a) A person who is in the justice

center in the custody, under the law of this state, of a peace

officer or center personnel:

(1) is constructively present in this state while the person is

in custody in the part of the center located in the other state;

(2) may be prosecuted for an offense against the law of this

state without extradition; and

(3) may be personally served with process in any part of the

center for a proceeding in this state.

(b) A person who is in the justice center in the custody, under

the law of the other state, of a peace officer or center

personnel:

(1) is constructively present in the other state while the

person is in custody in the part of the center located in this

state;

(2) may not be prosecuted for an offense against the law of this

state without extradition; and

(3) may not be personally served with process in any part of the

center for a proceeding in this state.

in the custody, under the law of the other state, of a peace

officer or center personnel may be:

(1) prosecuted for an offense against the law of the other state

without extradition; and

(2) personally served with process in any part of the center for

a proceeding in the other state.

(d) Justice center personnel or a peace officer of either state

may transfer across the state line in the center a person who is

in custody in the center under the law of either state and may

exercise control over the person on both sides of the state line.

(e) A person who is present in the justice center but who has

not been confined in the center, taken to the center under

arrest, or summoned to appear in the center, may be arrested

without extradition in any part of the center for an offense

against the law of either state. Extradition of a person arrested

in the justice center under those circumstances is not required

for prosecution of the person if the person is actually present

in any part of the center or in the state of the prosecution at

the time of the prosecution.

(f) A person who is summoned to appear in the justice center

under the law of this state:

(1) is constructively present in this state while that person is

appearing under the summons in the part of the center located in

the other state;

(2) may be arrested in any part of the center for an offense

committed against the law of this state and prosecuted for that

offense without extradition if the person is actually present in

any part of the center or in this state at the time of the

prosecution; and

(3) may be personally served with process in any part of the

center for a proceeding in this state.

(g) A person who is summoned to appear in the justice center

under the law of the other state:

(1) is constructively present in the other state while that

person is appearing under the summons in the part of the center

located in this state;

(2) may not be arrested, without extradition, under the law of

this state in any part of the center for an offense against the

law of this state; and

(3) may not be personally served with process in any part of the

center for a proceeding in this state.

(h) This state agrees that a person who is summoned to appear in

the justice center under the law of the other state may be:

(1) arrested in any part of the center for an offense against

the law of the other state and prosecuted for that offense

without extradition if the person is actually present in any part

of the center or in the other state at the time of the

prosecution; and

(2) personally served with process in any part of the center for

a proceeding in the other state.

(i) If a person in the justice center is constructively present

in one state under this section, the law of the state in which

the person is not constructively present may be applied to the

person only to the extent that the law of that state would apply

if the person were actually outside that state. However, the law

applicable to that person's conduct while in the justice center

is governed by Section 361.028, and the question of whether

extradition is required to arrest or prosecute that person for an

offense committed in the center is governed by this section.

(j) A peace officer of this state may:

(1) arrest a person under the law of this state in the part of

the justice center located in the other state for an offense

against the law of this state if that peace officer is authorized

to make that arrest in the part of the center located in this

state; and

(2) arrest a person under the law of the other state in any part

of the center for an offense against the law of the other state

if a peace officer of the other state is authorized to make that

arrest in the part of the center located in the other state.

(k) This state agrees that a peace officer of the other state

may:

(1) arrest a person under the law of this state in any part of

the justice center for an offense against the law of this state

if a peace officer of this state is authorized to make that

arrest in the part of the center located in this state; and

(2) arrest a person under the law of the other state in the part

of the justice center located in this state for an offense

against the law of the other state if that peace officer is

authorized to make that arrest in the part of the center located

in the other state.

(l) Notwithstanding Sections 3 and 6, Article 51.13, Code of

Criminal Procedure, the governor of this state may recognize a

demand for the extradition of a person charged with a crime in

the other state if the demand alleges that any element of the

offense occurred in any part of the justice center.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. JOINT MUNICIPAL AND COUNTY JAIL FACILITIES IN

CERTAIN COUNTIES

Sec. 361.041. MUNICIPAL-COUNTY JAIL FACILITIES IN COUNTY WITH

POPULATION OF LESS THAN 20,000. (a) A county with a population

of less than 20,000 and any municipality located within the

county may finance, construct, maintain, and operate jail

facilities for the joint use of the county and municipality. The

governing body of the municipality and the commissioners court of

the county by contract may determine each party's obligations

relating to those actions and may provide for the custody,

control, and operation of the jail facilities. The term of the

contract may not exceed 20 years.

(b) The municipality and county may issue and sell bonds in the

manner provided by law and may spend the proceeds of those bonds

for the purposes authorized by this section. The bonds remain the

sole obligations of the authority that issues them. Any funds

derived from the sale of the bonds shall remain in the possession

and control of the issuing authority until spent by that

authority for the authorized purposes.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 361.042. MUNICIPAL-COUNTY JAIL FACILITIES IN CERTAIN

COUNTIES. (a) Instead of providing and maintaining its own

jail, the commissioners court of a county with a population of

102,000 to 104,300 may provide safe and suitable jail facilities

for the county by contracting for the facilities with the

governing body of the municipality that is the county seat of the

county.

(b) The contract must provide for:

(1) the incarceration, on a daily per capita basis, of the

county's prisoners in the jail facilities owned by the

municipality, with the daily per capita rate to be equal to the

cost of maintaining a prisoner in the facilities or to be at an

amount mutually agreed on by the parties;

(2) the lease to the county of a part of the municipally owned

jail facilities, with payment under the lease to be at a rate

based on the proportion of the total area of the facilities that

is occupied by the county's prisoners; or

(3) the joint operation and maintenance of the municipally owned

jail facilities for the mutual use and benefit of the county and

the municipality, with each party's obligations regarding the

maintenance and operation of the facilities to be prescribed by

the contract.

operation of the jail facilities. The jail facilities must meet

the requirements established by Subchapter A, Chapter 351.

(d) A contract made under Subsection (b)(2) or (3) may not

exceed a term of 20 years.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 101, eff. Sept. 1,

1991; Acts 2001, 77th Leg., ch. 669, Sec. 103, 104, eff. Sept. 1,

2001.

Sec. 361.043. JAILER FOR MUNICIPAL-COUNTY JAIL FACILITIES. (a)

A contract made under Section 361.041 or 361.042 may provide for

a jailer to be custodian of the jail facilities.

(b) The jailer is under the control and supervision of the

sheriff of the county and shall be appointed by the sheriff with

the advice and consent of the commissioners court of the county

and the governing body of the municipality. The salary of the

jailer shall be set in an amount equal to that of a deputy

sheriff of the county and may be paid by the county and the

municipality in proportionate amounts as provided by the

contract.

duties, salary, and tenure of the jailer are controlled by the

laws governing deputy sheriffs.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER D. PROVISIONS FOR CORRECTIONAL FACILITIES

Sec. 361.051. DEFINITIONS. In this subchapter:

(1) "Credit agreement" means any one or more of a loan

agreement, revolving credit agreement, agreement establishing a

line of credit, letter of credit, reimbursement agreement,

insurance contract, commitments to purchase obligations, purchase

or sale agreements, or commitments or other contracts or

agreements authorized and approved by the governing body of an

entity in connection with the authorization, issuance, security,

exchange, payment, purchase, or redemption of obligations. A

credit agreement may include interest on an obligation.

(2) "Eligible project" means the acquisition, construction,

equipping, or enlarging of facilities at any location in the

state for, with relation to, or incidental in the administration

of criminal justice, including, without limitation, correctional

facilities or other accommodations for handling, processing, and

detention of prisoners.

(3) "Entity" means a home-rule municipality or county or a

nonprofit corporation acting on behalf of a home-rule

municipality or county.

(4) "Lease obligation" means an obligation incurred by the Texas

Board of Criminal Justice under Section 495.021, Government Code.

(5) "Obligations" means:

(A) certificates of obligation of an entity issued pursuant to

this subchapter in the manner prescribed by the Certificate of

Obligation Act of 1971 (Subchapter C, Chapter 271);

(B) certificates of participation representing an undivided

interest in a lease obligation;

subchapter; or

(D) contractual obligations incurred by an entity under a lease

agreement, lease-purchase agreement, purchase on an installment

contract, or other agreement providing for the lease,

lease-purchase, installment purchase, or other acquisition of

title to an eligible project.

(6) "Project costs" means all costs and expenses incurred in

relation to an eligible project, one or more, including without

limitation design, planning, engineering, and legal costs;

acquisition costs of land, interests in land, right-of-way, and

easements; construction costs; costs of machinery, equipment, and

other capital assets incident and related to the operation,

maintenance, and administration of an eligible project; and

financing costs, including interest during construction and

thereafter, underwriter's discount and/or fees; and fees and

expenses for legal, financial, and other professional services.

Project costs attributable to an eligible project and incurred

prior to the delivery of any obligations issued to finance an

eligible project may be reimbursed from the proceeds of sale of

(i) obligations or (ii) lease obligations.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 70, Sec. 1, eff.

Aug. 4, 1987. Amended by Acts 1999, 76th Leg., ch. 62, Sec.

13.19, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 306, Sec. 1,

eff. May 29, 1999.

Sec. 361.052. FINANCING ELIGIBLE PROJECTS. (a) The governing

body of an entity is empowered and authorized to issue, or to

provide for the issuance of, obligations and to execute credit

agreements in relation thereto in order to finance project costs

of an eligible project, or to refund obligations issued or

incurred in connection with an eligible project. This subsection

applies regardless of when:

(1) the obligation is due; or

(2) title to the project is transferred to the entity.

(b) Money to be paid pursuant to a lease obligation and revenues

derived by an entity from the operation of an eligible project

constitute revenues to an entity that may be pledged to secure or

pay any obligations, and the entity's obligations may be made

payable from and secured by, in whole or in part, those revenues.

An entity may apply the provisions of Chapter 1371, Government

Code, Section 271.052 or 361.053, or any combination of those

laws to the issuance of obligations and the execution of credit

agreements to satisfy the purposes of this subchapter, except

that an entity's obligations may be refunded by the issuance of

public securities, as defined by Section 1201.002, Government

Code, that are payable from a pledge of ad valorem tax receipts

only if the issuance of the public securities is approved by a

majority of votes cast at an election conducted in accordance

with the bond election procedures established by Chapter 1251,

Government Code.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 70, Sec. 1, eff.

Aug. 4, 1987. Amended by Acts 1999, 76th Leg., ch. 306, Sec. 2,

eff. May 29, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 8.328,

eff. Sept. 1, 2001.

Sec. 361.053. REVENUE BONDS. (a) An entity may issue revenue

bonds, without approval of the bonds at an election, for the

purposes herein provided pursuant to a resolution which

prescribes the terms and conditions for the payment of the

principal of and interest thereon, and such revenue bonds may be

secured by the revenues of an entity as described in Section

361.052, but in no event shall an entity be authorized to levy ad

valorem taxes to pay all or part of such principal or interest.

(b) Revenue bonds issued under this section are not a debt or

pledge of the faith and credit or the taxing power of the state

or the entity but are payable solely from revenues arising under

this section that are pledged to the repayment of the revenue

bonds. To the extent that pledged revenues include amounts

appropriated by the legislature, the revenue bonds shall state on

their face that such revenues shall be available to pay debt

service only if appropriated by the legislature for that purpose.

Each revenue bond must also contain on its face a statement to

the effect that:

(1) neither the state nor an agency, political corporation, or

political subdivision of the state is obligated to pay the

principal of or interest on the bonds except as provided by this

subsection; and

(2) neither the faith and credit nor the taxing power of the

state or any agency, political corporation, or political

subdivision of the state is pledged to the payment of the

principal of or interest on the bonds.

more series or issues, in bearer, registered, or any other form,

which may include registered uncertified obligations not

represented by written instruments and commonly known as

book-entry obligations, the registration of ownership and

transfer of which shall be provided for by the entity under a

system of books and records maintained inside or outside the

state by the entity or by an agent appointed by the entity in an

order or a resolution providing for issuance of its bonds. Bonds

may mature serially or otherwise not more than 50 years from

their date, provided that bonds payable from money appropriated

for that purpose by the legislature shall not mature or be

subject to redemption before September 1, 1989, and the date of

the first interest payment to be made from appropriated money

shall not be scheduled to occur before September 1, 1989. Bonds

may bear no interest or may bear interest at any rate or rates,

fixed, variable, floating, or otherwise, determined by the entity

or determined pursuant to any contractual arrangements approved

by the entity and the state, subject to the provisions of Section

361.054(a). Interest on the bonds may be payable at any time and

the rate of interest on the bonds may be adjusted at such time as

may be determined by the entity or as may be determined pursuant

to any contractual agreement approved by the entity and the

state. The bonds may be issued in the form and denominations and

executed in the manner and under the terms, conditions, and

details determined by the governing body of the entity in the

resolution authorizing their issuance. If any officer whose

manual or facsimile signature appears on the bonds ceases to be

an officer, the signature is still valid and sufficient for all

purposes as if the officer had remained in office.

(d) The bonds may be secured additionally by a trust indenture

or a deed of trust granting a security interest in an eligible

project, under which the trustee may be a financial institution,

domiciled inside or outside the state, which has trust power.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 70, Sec. 1, eff.

Aug. 4, 1987. Amended by Acts 1999, 76th Leg., ch. 306, Sec. 3,

eff. May 29, 1999.

Sec. 361.054. LIMITATIONS ON OBLIGATIONS AND LEASE OBLIGATIONS.

(a) Obligations issued or lease obligations incurred hereunder

shall be within the interest rate limitations of Chapter 1204,

Government Code.

(b) From the proceeds from the sale of obligations an entity may

set aside amounts for payments into the interest and sinking fund

and reserve funds, and for interest and operating expenses during

construction and development, as may be specified in the

authorizing proceedings. Proceeds of obligations and amounts on

deposit in interest and sinking funds and reserve funds may be

invested pending their use for the purpose for which issued, in

the manner described in Chapter 1371, Government Code.

contracts relating thereto shall be submitted prior to their

delivery to the attorney general of Texas for examination and, if

he finds that they have been issued or incurred in accordance

with the constitution and this Act and that they will be binding

special obligations of the entity issuing same, he shall approve

them, and thereupon they shall be registered by the comptroller

of public accounts of the State of Texas, and after such approval

and registration they shall be valid and incontestable.

(d) Obligations may not be issued under this subchapter or any

other law for eligible projects that include a lease obligation

as both terms are defined by this subchapter without the prior

approval of the Bond Review Board.

(e) Before an entity as defined by this subchapter may issue and

sell obligations under this subchapter or any other law for

eligible projects that include a lease obligation as both terms

are defined by this subchapter, the legislature must have

authorized the specific projects and method of financing by

special act or in the general appropriations act, however this

section does not apply to a 400-bed intermediate sanction

facility located in a county with a population of 2.8 million or

above.

(f) Refunding bonds may be issued to refund obligations in the

manner now or hereafter provided by general law, including,

without limitation, Chapter 1207, Government Code.

(g) The provisions of Chapter 1201, Government Code, apply to

obligations issued or lease obligations incurred hereunder, and

such obligations shall constitute a "security" within the meaning

of Chapter 8, Business & Commerce Code.

(h) An entity may not use proceeds from the sale of obligations

under this subchapter to acquire, construct, equip, or enlarge a

correctional facility unless the facility complies with federal

constitutional standards and applicable court orders.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 70, Sec. 1, eff.

Aug. 4, 1987. Amended by Acts 1993, 73rd Leg., ch. 40, Sec. 1,

eff. April 22, 1993; Acts 2001, 77th Leg., ch. 1420, Sec. 8.329,

eff. Sept. 1, 2001.

SUBCHAPTER E. MUNICIPAL CONTRACT WITH COUNTY OR PRIVATE ENTITY

FOR JAIL FACILITIES

Sec. 361.061. AUTHORITY TO CONTRACT. The governing body of a

municipality may contract with a private vendor or a county to

provide for the financing, design, construction, leasing,

operation, purchase, maintenance, or management of a jail,

detention center, work camp, or related facility.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28,

1989.

Sec. 361.062. CONTRACT REQUIREMENTS. A contract made under this

subchapter must:

(1) require the private vendor or county to operate the facility

in compliance with minimum standards of construction, equipment,

maintenance, and operation of jails adopted by the Commission on

Jail Standards and receive and retain a certification of

compliance from the commission;

(2) provide for regular, on-site monitoring by the municipality;

(3) if the contract includes construction, provide for a

performance bond and a payment bond specifically approved by

resolution of the governing body as being adequate for the

proposed contract and issued only by a surety authorized to do

business as a surety in this state and regulated by the State

Board of Insurance;

(4) provide for assumption of liability by a private vendor for

all claims arising from the services performed under the contract

by the private vendor;

(5) provide for an adequate plan of insurance for a private

vendor and its officers, guards, employees, and agents against

all claims, including claims based on violations of civil rights,

arising from the services performed under the contract by the

private vendor;

(6) provide for a plan for the purchase and assumption of

operations by the municipality in the event of the bankruptcy of

the private vendor;

(7) provide for an adequate plan of insurance to protect the

municipality against all claims arising from the services

performed under the contract by a private vendor and to protect

the municipality from actions by a third party against the

private vendor, its officers, guards, employees, and agents as a

result of the contract;

(8) contain comprehensive standards for conditions of

confinement; and

(9) require that any improvement to real property occurring as a

result of the contract be awarded under a competitive proposal

procedure under which quotations and proposals are solicited by

advertisement in the same manner as provided in the competitive

bidding procedure specifying the relative importance of price and

other evaluation factors.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28,

1989.

Sec. 361.063. AWARD OF IMPROVEMENT PROJECT. (a) An award made

under Section 361.062(9) must be made to the responsible offeror

whose proposal is determined to be the lowest evaluated offer

resulting from negotiation taking into consideration the relative

importance of price and other evaluation factors set forth in the

request.

(b) Discussions may be conducted with responsible offerors who

submit proposals determined to be reasonably susceptible of being

selected for award. Offerors must be accorded fair and equal

treatment with respect to any opportunity for discussion and

revision of proposals. Revisions may be permitted after

submission and before award for the purpose of obtaining the best

and final offers.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28,

1989.

Sec. 361.064. SOVEREIGN IMMUNITY INAPPLICABLE. A private vendor

operating under a contract authorized by this subchapter is not

entitled to claim sovereign immunity in a suit arising from the

services performed under the contract by the private vendor.

However, this section does not deprive the municipality, private

vendor, or county of any benefits of any law limiting exposure to

liability, setting a limit on damages, or establishing defenses

to liability.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28,

1989.

Sec. 361.065. MAXIMUM INMATE POPULATION. A facility authorized

by this subchapter must be designed, constructed, operated, and

maintained to hold not more than an average daily population of

4,000 inmates.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28,

1989. Amended by Acts 2001, 77th Leg., ch. 670, Sec. 1, eff. June

13, 2001; Acts 2003, 78th Leg., ch. 873, Sec. 1, eff. June 20,

2003.

Sec. 361.066. APPLICATION TO PRIOR FACILITIES. The governing

body may not convert a facility into a correctional facility

operated by a private vendor if, before August 3, 1987, the

facility is:

(1) operated as a correctional facility by the municipality; or

(2) being constructed by the municipality for use as a

correctional facility.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28,

1989.

Sec. 361.067. LOCATION OF JAIL RESTRICTED IN POPULOUS

MUNICIPALITY. (a) Notwithstanding any other provision of this

subchapter, a private vendor or county may not establish a jail,

detention center, work camp, or related facility in a

municipality with a population of 1,500,000 or more if that

facility is to be located within one-half mile of a public

school, institution of higher education, or place of worship.

(b) Subsection (a) does not apply to a booking facility that

will be established within 500 feet of an existing county jail or

detention facility.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28,

1989. Amended by Acts 2003, 78th Leg., ch. 453, Sec. 1, eff. June

20, 2003.

SUBCHAPTER F. DISCIPLINARY MATTERS RELATING TO MUNICIPAL AND

COUNTY JAILS

Sec. 361.081. SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES.

(a) An inmate in a municipal or county jail may not act in a

supervisory or administrative capacity over another inmate.

(b) An inmate in a municipal or county jail may not administer

discipline over another inmate.

Added by Acts 1989, 71st Leg., ch. 212, Sec. 3.02, eff. Sept. 1,

1989.

Sec. 361.082. RESTRAINT OF PREGNANT INMATE OR DEFENDANT. (a) A

municipal or county jail may not use restraints to control the

movement of a pregnant woman in the custody of the jail at any

time during which the woman is in labor or delivery or recovering

from delivery, unless the sheriff or another person with

supervisory authority over the jail determines that the use of

restraints is necessary to:

(1) ensure the safety and security of the woman or her infant,

jail or medical personnel, or any member of the public; or

(2) prevent a substantial risk that the woman will attempt

escape.

(b) If a determination to use restraints is made under

Subsection (a), the type of restraint used and the manner in

which the restraint is used must be the least restrictive

available under the circumstances to ensure safety and security

or to prevent escape.

Added by Acts 2009, 81st Leg., R.S., Ch.

1184, Sec. 3, eff. September 1, 2009.

SUBCHAPTER G. RELIGIOUS FREEDOM

Sec. 361.101. APPLICATION OF LAW RELATING TO FREE EXERCISE OF

RELIGION. For purposes of Chapter 110, Civil Practice and

Remedies Code, an ordinance, rule, order, decision, or practice

that applies to a person in the custody of a municipal or county

jail or other correctional facility operated by or under a

contract with a county or municipality is presumed to be in

furtherance of a compelling governmental interest and the least

restrictive means of furthering that interest. The presumption

may be rebutted.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 5, eff. Aug. 30,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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