bill banning private prisons for TDCJ inmates

The text as introduced · 380 words

89R5162 BCH-D

By: Meza
H.B. No. 1410

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the confinement of inmates by the Texas

Department of Criminal Justice in facilities operated by private

vendors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 493, Government Code, is amended by

adding Section 493.036 to read as follows:

Sec. 493.036. HOUSING IN PRIVATE FACILITY PROHIBITED. (a)

Notwithstanding any other law and except as provided by Subsection

(b), the department may not house or confine in a facility owned,

operated, or managed by a private vendor, including on a temporary

basis:

(1) an inmate sentenced to imprisonment in the

department;

(2) an inmate described by Section 507.002; or

(3) a person described by Section 493.009(a).

(b) Subsection (a) does not apply to a residential

correctional facility as defined by Section 508.157.

SECTION 2. Subchapter A, Chapter 495, Government Code, is

amended by adding Section 495.0011 to read as follows:

Sec. 495.0011. CERTAIN CONTRACTS PROHIBITED. (a)

Notwithstanding any other law and except as provided by Subsection

(b), the board may not enter into a contract under which an inmate

sentenced to imprisonment in the department, an inmate described by

Section 507.002, or a person described by Section 493.009(a) will

be housed or confined in a facility owned, operated, or managed by a

private vendor.

(b) Subsection (a) does not apply to a contract relating to

a residential correctional facility as defined by Section 508.157.

SECTION 3. Section 493.036, Government Code, as added by

this Act, applies to the housing or confinement of a person

described by that section on or after the effective date of this

Act, regardless of whether the offense for which the person is

housed or confined occurred before, on, or after the effective date

of this Act.

SECTION 4. Section 495.0011, Government Code, as added by

this Act, applies to a contract entered into or renewed on or after

the effective date of this Act. A contract entered into or renewed

before the effective date of this Act is governed by the law in

effect on the date the contract was entered into or renewed, and the

former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2025.