351.140. Sec. (c) If the commissioners court adopts an order under this section, a person commits an offense if the person violates a restriction or prohibition imposed by the order. Sept. 1, 2001. (h) A county or the sheriff of a county, or an employee of the county or sheriff, is not liable in a civil action for damages resulting from a failure to comply with this section. (e) Immediately after the election, the presiding judge of each polling place shall make returns of the results to the board, and the board shall canvass the returns and declare the result. 2.46, eff. (b) The contract may provide for the construction or acquisition of a facility or for the use of an existing facility. Sec. 10, eff. (d) Failure to follow a protocol developed under this section does not: (1) constitute the basis for a claim or defense to a civil or criminal action; or. (a) A commissioners court by order may establish a county jail industries program. CONTRACT. 2, eff. 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 as reimbursement for the cost of inmate confinement. (d) In this section, "federal law enforcement officer" has the meaning assigned by 5 U.S.C. (b) The sheriff may appoint a jailer to operate the jail and meet the needs of the prisoners, but the sheriff shall continue to exercise supervision and control over the jail. Sec. Sec. FURNISHINGS OF CELLS, COMPARTMENTS, AND DORMITORIES. (2) Article 42.035, Code of Criminal Procedure, as an alternative to serving all or part of a sentence of confinement in county jail. (c) If a director appointed by a commissioners court fails to qualify or a vacancy occurs in the office of director, the commissioners court that appointed that director shall appoint another person to fill the vacancy for the unexpired term. Sec. REPORT. (c) A district is composed of the area of the county or cooperating counties that created the district. Sec. 1, Sec. 351.002. (a) The sheriff of each county is the keeper of the county jail. (a) Except as provided by Subsection (b), the commissioners court of each county shall establish an adult sexual assault response team that includes the following members appointed by the commissioners court: (1) the chief administrator, or the chief administrator's designee, of a sexual assault program that provides services for the county; (2) a prosecutor with jurisdiction in the county over cases involving sexual assault committed against adults; (3) the chief, or the chief's designee, of the municipal police department with the largest population in the county, provided a municipality in the county has a municipal police department; (4) the sheriff or the sheriff's designee; (A) a sexual assault nurse examiner or forensic examiner from a facility that conducts sexual assault forensic exams for the county; or. 1514, Sec. 1, eff. 351.252. (b) The county and municipal departments shall cooperate in any criminal investigation to the greatest degree practical. The sheriff may authorize a reserve deputy who is a peace officer as described by Article 2.12, Code of Criminal Procedure, to carry a weapon or act as a peace officer at all times, regardless of whether the reserve deputy is engaged in the actual discharge of official duties, or may limit the authority of the reserve deputy to carry a weapon or act as a peace officer to only those times during which the reserve deputy is engaged in the actual discharge of official duties. (d) The refunding bonds must be approved by the attorney general as in the case of other bonds and shall be registered by the comptroller on the surrender and cancellation of the bonds being refunded. 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 vendor to operate the facility in compliance with minimum standards adopted by the Commission on Jail Standards and receive and retain a certification of compliance from the commission; (2) if the contract includes operation or management of the facility by the private vendor, provide for regular, on-site monitoring by the sheriff; (3) if the contract includes construction, require a performance bond approved by the commissioners court that is adequate and appropriate for the proposed construction contract; (4) provide for assumption of liability by the private vendor for all claims arising from the services performed under the contract by the private vendor; (5) if the contract includes operation or management of the facility by the private vendor, provide for an adequate plan of insurance for the 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) if the contract includes operation or management of the facility by the private vendor, provide for a plan for the purchase and assumption of operations by the county in the event of the bankruptcy of the private vendor; (7) if the contract includes operation or management of the facility by the private vendor and if the contract involves conversion of an existing county facility to private vendor operation, require the private vendor to give preferential consideration in hiring to employees at the existing facility who meet or exceed the company's qualifications and standards for employment in available positions; (8) if the contract includes operation or management of the facility by the private vendor, require the private vendor to provide health care benefits comparable to that of the county; (9) provide for an adequate plan of insurance to protect the county against all claims arising from the services performed under the contract by the private vendor and to protect the county from actions by a third party against the private vendor, its officers, guards, employees, and agents as a result of the contract; and. Sec. 351.067. 1093), Sec. (b) The equipment must be compatible with the equipment used for this purpose by the Department of Public Safety, the United States Department of Justice, or the United States Bureau of Criminal Identification. May 15, 1993. (f) If the sheriff of a county provides the notice described by Subsection (d)(2), at the time of the prisoner's release or discharge, the sheriff, or an employee of the county or sheriff, shall provide the prisoner with a written copy of the notice and a telephone number at which the prisoner may contact the Health and Human Services Commission regarding confirmation of or assistance relating to reinstatement of the individual's eligibility for medical assistance benefits, if applicable. 4, 2023 at 2:10 PM PST | Updated: 21 minutes ago. Sec. (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 determines that the changes or additions are necessary to: (1) comply with the requirements of that county and, if the facility is located within the jurisdiction of a municipality, comply with the requirements of the municipality in whose limits or extraterritorial jurisdiction the facility is located; or. (4) "Survivor" means an individual who is a victim of a sexual assault or other sex offense, regardless of whether a police report is filed for the incident. Acts 1987, 70th Leg., ch. REFUNDING BONDS. Web1. Investigators of the District Attorneys, etc.. WebNo police officer, deputy sheriff, state trooper, or any other sworn peace officer has the authority to arrest a sheriff. (d) A person held under this section shall be kept in a special enclosure or room for that purpose. 149, Sec. The commissary must be operated in accordance with rules adopted by the Commission on Jail Standards. (e) Information, documents, and records of the response team that are confidential under this section are not subject to subpoena or discovery and may not be introduced into evidence in any civil, criminal, or administrative proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence solely because that information or those documents or records were presented during a response team meeting or maintained by the response team. However, if the board, at any time after 50 percent of the work has been completed, finds that satisfactory progress is being made, it may authorize any of the remaining progress payments to be made in full. 351.125. (d) The board may purchase insurance insuring the district and its employees against any liability incurred under this subchapter and may purchase insurance coverage to cover losses of district property. (2) must be restrained from committing acts of violence against other persons. 74(a), eff. (d) The general manager shall employ persons necessary for the proper handling of the business and operation of the district. 1, eff. 1, eff. (e) On the dissolution of a district, the district ceases to exist and the board shall continue in existence only for the purpose of transferring district funds and disposing of district assets. 351.258. Acts 1987, 70th Leg., ch. (c) A district's bonds and interest coupons, if any, are investment securities under the terms of Chapter 8 of the Business & Commerce Code and may be issued registrable as to principal or as to both principal and interest and may be made redeemable before maturity at the option of the district or may contain a mandatory redemption provision. A list of the appointments shall be posted in a conspicuous place in that office. A fine collected under this section shall be deposited in the county treasury. The response team shall provide the protocol to each agency in the county that responds to disclosures of sexual assault. Acts 1987, 70th Leg., ch. (f) The contract is a record of the district and is subject to Sections 351.133(c) and (d). Amended by Acts 1999, 76th Leg., ch. September 1, 2005. Sec. Section 1381 et seq. (c-1) If a sheriff appoints more than one reserve deputy sheriff, the sheriff may execute a blanket surety bond to cover the reserve deputy sheriffs. (2) the Health and Human Services Commission of the release or discharge of a prisoner who, immediately before the prisoner's confinement in the county jail, was receiving medical assistance benefits. (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. (e) The sheriff of a county that borders the Gulf of Mexico may organize some of the reserve deputies to serve as marine reserve deputies and lifeguards for beach and water safety purposes and other related functions as the sheriff may determine. May 31, 1995. Sec. ASSISTANCE WITH REINSTATEMENT OF BENEFITS. A sheriff in Texas has the following duties: For more complete information about the responsibilities of a county sheriff and other county officials, see the "Guide to Texas Laws for County Officials.". 1, eff. 479 (H.B. (a) Bonds issued by a district must be submitted to the attorney general for examination. 351.251. (e) If the board determines that the work on the jail facility has not been completed satisfactorily, the board shall take necessary actions to have the jail facility completed as required by the district's plans, the contract, and the receiving county. 74(a), eff. September 1, 2021. (f) A sheriff or deputy sheriff is not liable on an official bond, and is not personally liable, for having received or confined a prisoner delivered or surrendered to the sheriff or deputy by a state ranger. Until an individual is appointed and assumes the duties of jail administrator, the sheriff shall serve as administrator of the jail. [citation needed] Variations [ edit] Federal [ edit] Federal State [ edit] Sec. Aug. 29, 1991; Acts 1997, 75th Leg., ch. (b) The jails must be located at the county seat unless the county has only one jail, in which case the jail may be located anywhere in the county at the discretion of the commissioners court. Sept. 1, 1987. 351.254. PRESIDING OFFICER. SUBCHAPTER I. (2) adopt rules and procedures concerning the courses. Sec. MONITORING CONSTRUCTION WORK. 479, Sec. (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 by the commissioners courts of all other proposed cooperating counties in the district, if any, if it appears from the testimony and evidence presented at the hearing that: (1) organization of the district is feasible and practicable; (2) there is a public necessity or need for the district; and. JAIL ADMINISTRATOR IN BEXAR COUNTY. (b) A safety vestibule must have one or more interior doors in addition to the main outside entrance door to the cell block or group of cells or compartments. (g) If a majority of the votes cast at the election are against the creation of the district, the board is abolished except that it shall declare that the district was defeated and shall enter the results in its minutes. 351.183. Sec. (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 of Criminal Justice, with the assistance of the Commission on Jail Standards, shall develop standards for the physical plant and operations of county correctional centers. After the initial election of directors, an election shall be held in each county in the district on the third Saturday in May each year and successor directors shall be elected for a two-year term. ; and. (4) maintained in a clean and sanitary condition in accordance with standards of sanitation and health. The commissioners court may limit the number of reserve deputies that may be appointed. Sec. Sept. 1, 1989. 351.122. (a) A response team meeting is not subject to Chapter 551, Government Code. 1, eff. APPOINTMENT OF CHIEF. (A) faithfully perform the duties of office established by law; (B) account for and pay to the person authorized by law to receive them the fines, forfeitures, and penalties the sheriff collects for the use of the state or a county; (C) execute and return when due the process and precepts lawfully directed to the sheriff, and pay to the person to whom they are due or to the person's attorney the funds collected by virtue of the process or precept; and. 1, Sec. Section 8331(20). 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 a day room to which the prisoners may be given access during the day. Sec. 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; (3) provided with food prepared and served in a palatable and sanitary manner according to good dietary practices and of sufficient quality to maintain good health; and. Sec. (a) The sheriff shall execute all process and precepts directed to the sheriff by legal authority and shall return the process or precept to the proper court on or before the date the process or precept is returnable. 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 law to the sheriff in a county operating its own jail. (d) If the district, in the exercise of the power of eminent domain, makes necessary the relocation, raising, lowering, rerouting, or changing in grade or alteration of the construction of any highway, railroad, electric transmission or distribution line, telephone or telegraph properties and facilities, or pipeline, all necessary relocations, raising, lowering, rerouting, changing in grade, or alteration of construction shall be accomplished at the sole expense of the district. (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 levy of a property tax by the district. (5) identify barriers to participation by disadvantaged businesses in the county's contracting and procurement processes, such as bonding, insurance, and working capital requirements that may be imposed on businesses. 6, eff. 351.154. May 21, 1999. (e) This subchapter does not prevent the conveyance of a part of the jail facility proposed to be constructed or acquired by a district if the district's jail facility is constructed in stages. 351.143. Art. (d) The jail district shall make any conveyance of a jail facility to a receiving county as provided by this subchapter free of all interest and indebtedness of the district. 686), Sec. A joint facility is not required to be located at the county seat of one of the counties. (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 prisoner in a tent or other facility that is not a county jail. 351.153. 74(a), eff. (a) The commissioners court of each county in the proposed district shall consider the petition for creation of the district at a public hearing. 351.015. (c) The board shall publish the notice of the election at least once in a newspaper or newspapers of general circulation in the area of the proposed district. 32, eff. 351.04155. EXECUTION OF LEGISLATIVE PROCESS; PENALTY. 3. TAX STATUS OF BONDS. 351.902. The reserve deputy must retake the oath as soon as possible after being reappointed. Medication Abortion Remains a Battleground, This Time Over FDA Authority. This subsection does not limit the power of the board to place a part of the district's funds on time deposit or to purchase certificates of deposit. 351.084. WebHowever, the sheriff must first comply with th|Sheriff, authority of, a sheriff has the authority to deduct costs incurred for damage to jail property for the commissary account Aug. 28, 1989. (c) In making progress payments, the district shall retain 10 percent of the estimated amount until final completion and acceptance of the contract work. Added by Acts 2011, 82nd Leg., R.S., Ch. The board shall maintain any other offices and stations necessary to carry out this subchapter. 351.103. COUNTY JAIL INDUSTRIES PROGRAM. In contrast, STATE POLICE OFFICERS usually work on their respective state's highways, DEFINITIONS. (b) Before changes or additions are made under this section, the board shall consult with the receiving county regarding the proposed changes. 351.133. WebIn most instances, sheriffs do not interfere in municipal law enforcement because most incorporated towns and cities have their own police forces. 2120), Sec. (d) If there is a vacancy in the position of jail administrator, the sheriff shall serve as administrator of the jail until a new jail administrator is appointed and assumes the position. 1057, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. (b) The sheriff shall deposit all state aid received under this section in the county treasury to be used solely for the purposes of the county correctional center program. 149, Sec. Acts 2015, 84th Leg., R.S., Ch. (f) The preservation, microfilming, destruction, or other disposition of the records of the district is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle. 351.123. 1, eff. All the interior doors must be designed to be locked, unlocked, opened, and closed by a means located outside the cell block or group of cells or compartments. In this subchapter: (1) "Adult" means an individual who is not a child as defined by Section 101.003, Family Code. (e) Repealed by Acts 1997, 75th Leg., ch. (b) If the sheriff neglects or refuses to appear and execute the bond on or before the designated time, that person may not exercise the functions of office and shall be removed from office by the district judge in the manner prescribed by law for the removal of county officers. 351.129. 19, eff. Recreational marijuana sales will become legal for individuals 21 and over in New Mexico on April 1. 85.022. (d) In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation. 171 (H.B. Each county jail must comply with the minimum standards and the rules and procedures of the Commission on Jail Standards. INVESTMENTS. Instead of a reserve deputy sheriff executing an individual bond under Subsection (c) or the sheriff executing a blanket surety bond, the county may self-insure against losses that would have been covered by the bond.