(a) The only entities, other than the state, that are authorized to operate a correctional facility to house in this state, inmates convicted of offenses against the laws of another state of the United States are:
  (1) a county or municipality; and
  (2) a private vendor operating a correctional facility under a contract with a county under Subchapter F, Chapter 351, Local Government Code, or a municipality under Subchapter E, Chapter 361, Local Government Code.
(b) A private vendor operating a correctional facility in this state may not enter into a contract for housing out-of-state inmates. A county Commissioners court or the governing body of a municipality may enter into a contract with another state or a jurisdiction in another state for housing out-of-state inmates.
(c) At a minimum all contracts shall:
  (1) require facility compliance with Minimum Jail Standards;
  (2) require that all inmates confined pursuant to the contract be released within the jurisdiction of the sending entity;
  (3) require that all inmates records concerning classification, to include conduct records, be reviewed by the receiving entity prior to transfer of the inmate;
  (4) require that the sending entity determine inmate custody level in accordance with Chapter 271 of this title (relating to Classification and Separation of Inmates) to ensure that custody level assignments do not exceed the construction security level availability;
  (5) require that inmates with a record of institutional violence involving the use of a deadly weapon or a pattern of violence while confined in the sending state, escape, or attempted escape from secure custody are not eligible for transfer unless a specific waiver has been granted by the Commission;
  (6) require that all appropriate medical information be provided prior to transfer, to include certification of tuberculosis screening or treatment;
  (7) require provisions for termination of contract within 90 days by receiving entity; and
  (8) require termination of contract if so ordered by the Commission, pursuant to the Government Code, §511.096.
(d) The receiving entity shall develop and implement a written procedure outlining the coordination of law enforcement activities in the case of riot, rebellion, escape, or other situations requiring assistance from city, county, or state law enforcement agencies. The Commission may require the receiving entity or sending state to reimburse the state for emergency assistance. The procedure shall be submitted to the Commission for approval.
(e) The receiving entity shall provide the Commission with a statement of custody level capacity and availability.
(f) All operational requirements shall meet or exceed Texas Minimum Jail Standards and require Commission approval prior to implementation.
(g) All receiving entities shall maintain a certificate of compliance from the Commission.
(h) Copies of unsigned and signed contracts, along with addenda, shall be submitted to the Commission for review and approval respectively. Signed contracts between a private vendor and receiving entity shall be provided by the vendor for review and approval. The vendor shall also provide a biographical history for review.
(i) The receiving entity shall promptly notify the Commission of any major incidents, including escapes.

Source Note: The provisions of this §297.17 adopted to be effective December 4, 2022, 47 TexReg 8043