88R3908 MZM-F     By: Clardy H.B. No. 4145       A BILL TO BE ENTITLED   AN ACT   relating to salaries for staff of a private vendor contracting with   the Texas Board of Criminal Justice for the operation, maintenance,   or management of a correctional facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 495.003(c), Government Code, is amended   to read as follows:          (c)  In addition to meeting the requirements specified in the   requests for proposals, a proposal must:                (1)  provide for regular, on-site monitoring by the   institutional division;                (2)  acknowledge that payment by the state is subject   to the availability of appropriations;                (3)  provide for payment of a maximum amount per   biennium;                (4)  offer a level and quality of programs at least   equal to those provided by state-operated facilities that house   similar types of inmates and at a cost that provides the state with   a savings of not less than 10 percent of the cost of housing inmates   in similar facilities and providing similar programs to those types   of inmates in state-operated facilities;                (5)  permit the state to terminate the contract for   cause, including as cause the failure of the private vendor or   county to meet the conditions required by this subchapter and other   conditions required by the contract;                (6)  provide that cost adjustments may be made only   once each fiscal year, to take effect at the beginning of the next   fiscal year;                (7)  have an initial contract term of not more than   three years, with an option to renew for additional periods of two   years;                (8)  if the proposal includes construction of a   facility, contain a performance bond approved by the board that is   adequate and appropriate for the proposed contract;                (9)  provide for assumption of liability by the private   vendor or county for all claims arising from the services performed   under the contract by the private vendor or county;                (10)  provide for an adequate plan of insurance for the   private vendor or county 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 or county;                (11)  provide for an adequate plan of insurance to   protect the state against all claims arising from the services   performed under the contract by the private vendor or county and to   protect the state from actions by a third party against the private   vendor or county, its officers, guards, employees, and agents as a   result of the contract;                (12)  provide plans for the purchase and assumption of   operations by the state in the event of the bankruptcy of the   private vendor or inability of the county to perform its duties   under the contract; [and]                (13)  contain comprehensive standards for conditions   of confinement; and                (14)  if the proposal is submitted by a private vendor   for the operation, maintenance, or management of a secure   correctional facility, provide that:                      (A)  salaries of staff at the facility are not   less than 90 percent of salaries of similarly situated staff   members at state-operated facilities; and                      (B)  salary increases are provided to staff at the   facility at similar intervals to those of similarly situated staff   members at state-operated facilities.          SECTION 2.  The change in law made by this Act applies only   to a contract for which the request for proposals is issued on or   after the effective date of this Act.  A contract for which the   request for proposals is issued before the effective date of this   Act is governed by the law in effect on the date the request for   proposals was issued, and the former law is continued in effect for   that purpose.          SECTION 3.  This Act takes effect September 1, 2023.