Reenacted by Acts 2013, 83rd Leg., R.S., Ch. 987), Sec. 351.143. Sept. 1, 2001. (b) The board shall have the construction work inspected by engineers, inspectors, or other personnel of the district. 3316), Sec. Sept. 1, 1999. The commissioners court may limit the number of reserve deputies that may be appointed. (d) A construction contract must contain or have attached to it the specifications, plans, and details for work included in the contract, and work shall be done according to those plans and specifications under the supervision of the district. 149, Sec. 351.081. Sec. Sec. On determination of the amount of tax required to be levied, the board shall make the levy and certify it to the tax assessor-collector. If the time of the sheriff or county official who provides the services is divided between services to the political subdivision and a nongovernmental association, the total cost to the association must be so prorated, as provided in the contract. Amended by Acts 1993, 73rd Leg., ch. Sec. Each sheriff has the exclusive right to hire, discharge, and supervise the employees in the sheriffs office. Flagler County Sheriff's Office. 973, Sec. Serves as bailiff for Justice of the Peace Court. The community justice assistance division shall coordinate the development of the memorandum of understanding. The total amount of all donations made in a calendar year may not exceed: (2) $100,000, for a county with a population of one million or more. 2, eff. 778 (H.B. (d) The board shall hold a public hearing on the annual budget. (b) In developing a protocol under this section, the response team: (1) shall consider Chapter 56A, Code of Criminal Procedure; (2) may provide different procedures for use within a particular municipality or area of the county served by the response team; and. (b) The commissioners court shall provide for the sheriff or the community supervision and corrections department serving the county, under an agreement with the commissioners court, to oversee and operate, or, if the program is operated by a private vendor under Subsection (c), oversee the operation of, an electronic monitoring program established under this section. Before the 10th day before the date set for the hearing, the board must publish notice of the hearing in a newspaper of general circulation in the district. A county jail must be: (3) properly ventilated, heated, and lighted; and. Sec. 351.154. (a) Notwithstanding the requirements of Section 351.0035, the Commission on Jail Standards is hereby authorized to adopt rules governing the temporary housing of prisoners in connection with specific correctional programs which include work camps, wilderness camps, forestry camps, or boot camps. May 31, 1995. (a) On completion and approval by the board of the construction or the acquisition and any improvement of a facility constructed or acquired by a jail district under this subchapter and on written approval by the receiving county, the board shall convey the facility to the receiving county. (e) A county jail industries program may be operated at the county jail, workfarm, or workhouse or at any other suitable location. 351.257. The group has an advisory board with a host of constitutional sheriffs. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 1989, 71st Leg., ch. Sec. 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. OATH AND BOND. (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. (b) The board shall give notice of the election. (b) The county park rangers have the same law enforcement authority that is given by law to deputy sheriffs except that the law enforcement jurisdiction of rangers is limited to the county parks of the county and, in a county that borders the Gulf of Mexico, to the unincorporated areas of the county that are located on an island or isthmus. Sec. Webthe State Bar of Texas. Web11.7K Likes, 845 Comments. The board may delegate to the general manager full authority to manage the affairs of the district subject only to orders of the board. (g) Repealed by Acts 1997, 75th Leg., ch. However, this section does not prohibit a county or municipal officer from performing any duties that are required of a peace officer. 18, eff. A reserve deputy who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, may act as a peace officer only during the actual discharge of official duties. Sec. 149, Sec. Constable and their Deputies, 3. 171 (H.B. 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. ; and. Sec. The fee shall be paid on the certificate of the authority issuing the process. The commissary must be operated in accordance with rules adopted by the Commission on Jail Standards. May 15, 1993. September 1, 2005. They also help investigate criminal cases that stretch across local jurisdictions throughout the Sec. However, this section does not deprive the private vendor or the county of any benefits of any law limiting exposure to liability, setting a limit on damages, or establishing defenses to liability. 952, Sec. (e) When construction work is completed according to the terms of the contract, the board shall draw a warrant on the depository to pay any balance due on the contract. (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. The commissioners court of a county shall fill a vacancy for a response team member not later than the 30th day after the date the vacancy occurs and in the same manner as the original appointment. (d) A district's bonds may be issued in the form, denominations, and manner and under the terms, conditions, and details and shall be signed and executed as provided by the board in the resolution or order authorizing their issuance. 7.08, eff. 2, eff. Acts 1987, 70th Leg., ch. Like sheriffs and deputies, troopers have the authority to make arrests. Before the commissioners court of a county enters into a contract under this section, the commissioners court of the county must receive the written approval of the sheriff of the county, which written approval shall not be unreasonably withheld, or if the county has a population of 2.8 million or more: (1) consult with the sheriff regarding the feasibility of ensuring that all services provided under the contract are required to meet or exceed standards set by the Commission on Jail Standards; or. ACCESS TO DAY ROOM. Sept. 1, 1987. CONTRACT REQUIREMENTS. 1514, Sec. In this subchapter: (1) "Board" means the board of directors of the district. Section 1381 et seq. 31, eff. The courts of this state shall take judicial notice of the creation of the district. (f) The general manager or a majority of the directors may dismiss an employee of the district. However, the sheriff must first comply with th: GA-0329: Sheriffs control over jail commissary fund: GA-0791 Acts 2021, 87th Leg., R.S., Ch. COUNTY JAIL INDUSTRIES PROGRAM. MONITORING CONSTRUCTION WORK. (a) Within 30 days after the date all temporary directors have been appointed and have qualified, the board of a proposed district shall meet and call an election to be held within the boundaries of the proposed district to confirm the creation of the district. BOND AND TAX ELECTION. Serves warrants and civil papers such as subpoenas and temporary restraining orders. (d) A sheriff is responsible for the official acts of a deputy and may require that a deputy execute a bond or other security. The sheriff may allow inmate participation in the county jail industries program in carrying out his constitutional and statutory duties. 351.156. Added by Acts 1993, 73rd Leg., ch. 74(a), eff. (c) The district may acquire land for a jail facility by condemnation if the board determines, after notice and hearing, that it is necessary. The chairman shall preside over meetings of the board, and in his absence, the vice-chairman shall preside. CHAPTER 351. 351.035. 1, Sec. GENERAL POWERS. Web(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 DISSOLUTION OF DISTRICT. ADDITIONAL AUTHORITY TO CONTRACT. GRANTING OR DENYING PETITION. (c-2) A person reappointed as a reserve deputy may continue to perform the duties of office before retaking the official oath. ELECTRONIC MONITORING PROGRAM. (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. 3, eff. 1299, Sec. Art. Web11 Vernon's Ann. APPOINTMENT OF CHIEF. 351.011. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (B) nonprofit organizations that provide services to the general public and enhance social welfare and the general well-being of the community. (6) "Receiving county" means a county in which a jail facility constructed, acquired, or improved by the district is located and to which the facility is to be conveyed. 351.135. 980, Sec. (a) This section applies only to a county that: (1) has a population of one million or more; (2) has two municipalities with a population of 200,000 or more; and. 149, Sec. WebIn most instances, sheriffs do not interfere in municipal law enforcement because most incorporated towns and cities have their own police forces. Sec. 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. Added by Acts 2011, 82nd Leg., R.S., Ch. (b) In case of an emergency, a guard is subject to being called to duty by the sheriff. 351.1035. DUTIES FOLLOWING MISCARRIAGE OR PHYSICAL OR SEXUAL ASSAULT OF PREGNANT PRISONER. (d) An offense under this section is a Class C misdemeanor. 149, Sec. DUTIES. (4) maintained in a clean and sanitary condition in accordance with standards of sanitation and health. CONTRACT. Sept. 1, 1987. If refunding bonds are issued before cancellation of the other bonds, an amount sufficient to pay the principal of and interest on the bonds being refunded to their maturity dates or to their option dates if the bonds have been duly called for payment before maturity according to their terms must be deposited in the place or places at which the bonds being refunded are payable. 161 (S.B. (c) The county in which the sheriff serves shall pay for or reimburse the sheriff for the cost of the required hours of instruction received in this state. The response team shall elect a presiding officer from among its members. 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.
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