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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase and installation of climate control |
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systems at facilities operated by the Texas Department of Criminal |
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Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section: |
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(1) "Department" means the Texas Department of |
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Criminal Justice. |
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(2) "Required temperature-controlled area" means the |
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following areas of a facility operated by the department: |
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(A) hospitals; |
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(B) visiting areas; |
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(C) housing or dormitory areas; |
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(D) trustee areas; |
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(E) areas used for medical treatment or care, |
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including areas used for dispensing medication to inmates; |
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(F) kitchens or dining areas; |
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(G) food preparation areas; |
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(H) community areas, including dayrooms; |
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(I) laundry areas; |
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(J) areas used for work stations; |
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(K) indoor recreational areas, including |
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gymnasiums; |
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(L) restroom and shower areas and other areas |
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related to inmate hygiene; |
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(M) administrative areas; |
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(N) correctional officer stations, including |
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guard post areas; |
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(O) commissary areas; |
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(P) areas used for programmatic, educational, or |
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vocational purposes; |
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(Q) chapels or churches; |
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(R) libraries; and |
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(S) maintenance areas. |
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(b) The department shall: |
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(1) contract with a private entity through a |
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competitive bidding process to purchase and install climate control |
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systems at each facility operated by the department that is not |
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currently equipped with a climate control system capable of |
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maintaining the temperature in the required temperature-controlled |
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areas of the facility at not less than 65 degrees Fahrenheit or more |
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than 85 degrees Fahrenheit; and |
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(2) install the climate control systems in the |
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following phases, with each phase consisting of the installation of |
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climate control systems at approximately one-third of the |
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department's facilities at a cost not to exceed $100 million per |
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phase: |
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(A) phase one to be completed not later than |
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December 31, 2024; |
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(B) phase two to be completed not later than |
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December 31, 2026; and |
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(C) phase three to be completed not later than |
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December 31, 2028. |
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(c) In conducting the competitive bidding process, the |
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department shall solicit bids for the entire scope of the project, |
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provided that the department may solicit bids for each phase of the |
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project if necessary or beneficial. |
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(d) In soliciting bids and determining the requirements for |
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the phased implementation of the project, the department shall: |
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(1) prioritize the efficient use of state resources; |
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and |
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(2) consider factors such as: |
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(A) the type of climate control systems needed |
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for each facility, including the architectural design of each |
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facility; |
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(B) the ability of any existing climate control |
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systems in each facility to maintain the air temperature in the |
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required temperature-controlled areas of the facility at not less |
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than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit; |
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(C) the comparable abilities of different |
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climate control systems to maintain the temperature described by |
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Paragraph (B) of this subdivision, including the total cellblock or |
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dormitory square footage each system is capable of maintaining at |
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that temperature; and |
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(D) the use of inmate labor to decrease costs. |
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SECTION 2. This Act expires January 1, 2031. |
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SECTION 3. (a) The Texas Department of Criminal Justice is |
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required to implement a provision of this Act only if: |
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(1) the legislature allocates available federal funds |
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specifically for that purpose; or |
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(2) the legislature specifically appropriates state |
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funds to the department for the purpose of implementing a provision |
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of this Act. |
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(b) Except as provided by Subsection (a)(2) of this section, |
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the Texas Department of Criminal Justice may not implement a |
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provision of this Act using state funds. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |