Texas Prison Bid'ness

Representative Ortiz, Jr.HB 3903, a private jail accountability bill filed by Representative Solomon Ortiz, Jr, will be heard by full Texas House tomorrow during the Local and Consent portion of the House session.  The bill takes a number of steps regarding to private jails including:

1. Subjecting private prison corporations to the same open records law as public facilities.  Currently, private jail records are not subject to open records law,
2. Mandating public hearings before a county may privatize their jail facilities, and
3. Making it illegal for a public servant such as a Sherrif to be paid by a private prison corporation in addition to his/her salary.

Last week, Texas lawmakers heard HB 3247 a measure impacting county jail contracts and requires collective bargaining agreements.  Specifically, the bill voids any county contracts with private prison operators unless:

•  The county enters into the contract in a collective bargaining agreement between the county and sheriff's department employees.

We hear that the Combined Law Enforcement Association of Texas (CLEAT) supports HB 3247. 

Texas statute already voids contracts if it is proven that county commissioners, elected, or appointed peace officers has a financial interest in the private management company. 

Lawmakers are considering other bills that impact private jail contracts as well.  

We will keep y'all posted on the developments of HB 3247 and other proposed legislation.

Bob reported a few weeks back about HB 3903.  Legislators voted the proposed measure out of committee earlier this week.  HB 3903 is important in light of scandals covered on this blog in recent years regarding the bribes taken by county officials. 

The measure:

• Outlines conditions that county commissioners courts may enter into contracts with private operators to manage local jails; and
• Creates a state jail felony for receiving a personal benefit from for private jail contracts; and
• Holds private jails accountable under Texas open records laws.

TPB recognizes that sentencing enhancements contributes to the same flawed social policy approaches that lead to over incarceration in the first place.  We wonder if there is a way to hold corrupt county officials accountable without contributing to another body in another jail cell.  Of course, the answer is easy for elected sheriff's who manage these jails.  And surely there is away to deal with other corrupt county officials that voters don't elect?

According to the fiscal note provided by the Legislative Budget Board, the sentencing enhancement included in the bill would not significantly impact the state's criminal justice system. 

TPB has previously covered bribery scandals in the following posts:

• Private Commissary Contracts Lead to Corruption in Bexar County
• Bexar County Sheriff Indicted
• Sheriff’s Confidant Pleads Guilty in Bexar County/Premier Management Scandal
• Lawmaker Requests AG Opinion
• Grits Covers Jail Commissary Contract Scandal
• Potter County Sheriff Bribed by Jail Commissary Manager  

We will continue to track HB 3903 as it moves.  Stay tuned....

HB 3903, a bill filed by Representative Solomon Ortiz, Jr. that provides several oversight mechanisms for private jails, will be on of a long list of bills heard by the County Affairs Committee on Monday.  Here's the committee announcement:

COMMITTEE: County Affairs   
TIME & DATE:  2:00 PM or upon final adjourn/recess, Monday, April 06, 2009
PLACE: E2.016

Amongst the several aspects of the HB 3903:

1. Requiring public hearings in each County Commissioner's district before privatization of a county jail.  Notice of the public hearings must be posted 30 days before a the hearing is held,
2. Prohibiting a county employee or public officials, including a county Sheriff, from receiving a financial benefit from a jail contractor.  This has been an issue in McLennan County where County Sheriff Larry Lynch receives a $12,000 salary from private prison corporation CEC/CiviGenics in addition to his county salary.  The Sheriff was notably quiet when his officers protested jail privatization, and
3. Subjecting private jail facilities to the same open records laws as publicly operated facilites for data related to facility operations. 

Check back for updates what transpires on Monday.