Sec. 351.0415.  COMMISSARY OPERATION BY SHERIFF OR PRIVATE VENDOR.  (a)  The sheriff of a county or the sheriff's designee, including a private vendor operating a detention facility under contract with the county, may operate, or contract with another person to operate, a commissary for the use of the inmates committed to the county jail or to a detention facility operated by the private vendor, as appropriate.  The commissary must be operated in accordance with rules adopted by the Commission on Jail Standards.
(b)  The sheriff or the sheriff's designee:
(1)  has exclusive control of the commissary funds;
(2)  shall maintain commissary accounts showing the amount of proceeds from the commissary operation and the amount and purpose of disbursements made from the proceeds; and
(3)  shall accept new bids to renew contracts of commissary suppliers every five years.
(c)  The sheriff or the sheriff's designee may use commissary proceeds only to:
(1)  fund, staff, and equip a program addressing the social needs of the inmates, including an educational or recreational program and religious or rehabilitative counseling;
(2)  supply inmates with clothing, writing materials, and hygiene supplies;
(3)  establish, staff, and equip the commissary operation and fund the salaries of staff responsible for managing the inmates' commissary accounts;
(4)  fund, staff, and equip both an educational and a law library for the educational use of inmates; or
(5)  fund physical plant improvements, technology, equipment, programs, services, and activities that provide for the well-being, health, safety, and security of the inmates and the facility.
(d)  For a jail under the supervision of the sheriff, at least once each county fiscal year, or more often if the commissioners court desires, the auditor shall, without advance notice, fully examine the jail commissary accounts.  The auditor shall verify the correctness of the accounts and report the findings of the examination to the commissioners court of the county at its next term beginning after the date the audit is completed.
(e)  A private vendor operating a detention facility under contract with the county shall ensure that the facility commissary accounts are annually examined by an independent auditor.
(f)  When entering into a contract under Subsection (a), the sheriff or the sheriff's designee shall consider the following:
(1)  whether the contract should provide for a fixed rate of return combined with a sales growth incentive;
(2)  the menu items offered by the provider and the price of those items;
(3)  the value, as measured by a best value standard, and benefits to inmates and the commissary, as offered by the provider;
(4)  safety and security procedures to be performed by the provider; and
(5)  the performance record of the provider, including service availability, reliability, and efficiency.
(g)  Commissary proceeds may be used only for the purposes described in Subsection (c).  A commissioners court may not use commissary proceeds to fund the budgetary operating expenses of a county jail.
Added by Acts 1989, 71st Leg., ch. 980, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 578, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 913, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 55, Sec. 1, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1005, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 1057, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 31, eff. September 1, 2005.