1. (a) The commission shall set and collect reasonable fees to cover the cost of performing the following services for municipal jails operated for a municipality by a private vendor or for county jails, whether financed, purchased, designed, constructed, leased, operated, maintained, or managed for the county by a private vendor or provided entirely by the county:

   1. (1) review of and comment on construction documents for new facilities or expansion projects;
   2. (2) performance of occupancy inspections; and
   3. (3) performance of annual inspections.

2. (b) The commission may collect a fee under Subsection (a)(1) only for the review of and comment on construction documents for a jail for which the commission projects:

   1. (1) a rated capacity of 100 or more prisoners; and
   2. (2) an annual average jail population of prisoners sentenced by jurisdictions other than the courts of this state that is 30 percent or more of the total population of the jail.

3. (c) The commission may collect a fee under Subsection (a)(2) or (a)(3) only for the performance of an inspection of a jail that during the year in which the inspection is performed:

   1. (1) has a rated capacity of 100 or more prisoners; and
   2. (2) the commission projects as having an annual average jail population of prisoners sentenced by jurisdictions other than the courts of this state that is 30 percent or more of the total population of the jail.

4. (c-1) In addition to the other fees authorized by this section, the commission may set and collect a reasonable fee to cover the cost of performing any reinspection of a municipal or county jail described by Subsection (a) that is conducted by the commission:

   1. (1) following a determination by the commission that the jail is not in compliance with minimum standards; and
   2. (2) in response to a request by the operator of the jail for an inspection.

5. (d) All money paid to the commission under this chapter:

   1. (1) is subject to Subchapter F, Chapter 404; and
   2. (2) shall be deposited to the credit of a special account in the general revenue fund to be appropriated only to pay costs incurred by the commission in performing services under this section.

Added by Acts 1991, 72nd Leg., ch. 740, Sec. 9, eff. Sept. 1, 1991.

Amended by Acts 1997, 75th Leg., ch. 259, Sec. 8, eff. Sept. 1, 1997.

Acts 2005, 79th Leg., Ch. 359 (S.B. 1264), Sec. 1, eff. September 1, 2005.