Section 297.16 - Municipal Contract with Private Entity for Jail Facilities(a) The governing body of a municipality 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 the Local Government Code, §§ 361.061 - 361.067 (concerning municipal contract 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 and approved by the municipality, in writing, prior to submission to the Commission for approval. Revised plans shall be submitted when there is a change of operators, types of persons being confined, or operational procedures.(e) The municipality shall exercise regular on-site monitoring over the private operation of the facility, in accordance with the Local Government Code, § 361.062 (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.37 Tex. Admin. Code § 297.16
Adopted by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8043, eff. 12/4/2022