Answer: Sec. 351.001. DUTY TO PROVIDE JAILS; LOCATION. (a) The commissioners court of a county shall provide safe and suitable jails for the county.
(b) The jails must be located at the county seat unless the county has only one jail, in which case the jail may be located anywhere in the county at the discretion of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 64(e), eff. Aug. 28, 1989.
Sec. 351.002. JAIL STANDARDS. The jail standards prescribed by this subchapter are minimum standards for county jails. Each county jail must comply with the minimum standards and the rules and procedures of the Commission on Jail Standards.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 351.003. EXEMPTION. (a) A county with a population not large enough to justify building a new county jail or remodeling an existing county jail in order to comply with the standards in this subchapter is exempt from this subchapter if the commissioners court contracts with another county to incarcerate its prisoners.
(b) The county must contract with the nearest county whose county jail meets the standards in this subchapter.
(c) The county shall pay to the other county a daily per capita rate equal to the cost of maintaining its prisoners in the county jail or a daily rate on which the counties agree.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 351.0035. TEMPORARY HOUSING. (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 county jail.
(b) The Commission on Jail Standards shall adopt rules that govern the temporary housing of prisoners, including a specific requirement for:
(1) the classification and separation of prisoners;
(2) the supervision of prisoners;
(3) safety, sanitation, and health;
(4) the structure and maintenance of the facility;
(5) the provision of bunks or sleeping areas for prisoners or other furnishings for the facility;
(6) the space and capacity in the facility; and
(7) the enforcement of a rule the commission adopts under this subsection.
(c) A rule adopted under Subsection (b) must be consistent with the jail standards imposed by or adopted under other provisions of this subchapter unless the Commission on Jail Standards determines compliance is not practicable or reasonable.
Added by Acts 1993, 73rd Leg., ch. 145, Sec. 1, eff. May 15, 1993.
Sec. 351.0036. HOUSING OF CORRECTIONAL PROGRAM PARTICIPANTS. (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.
Added by Acts 1993, 73rd Leg., ch. 145, Sec. 2, eff. May 15, 1993.
Sec. 351.004. STRUCTURAL AND MAINTENANCE REQUIREMENTS. A county jail must be:
(1) structurally sound;
(2) fire resistant;
(3) properly ventilated, heated, and lighted; and
(4) kept in good repair.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.