Texas House Bill HB162

Texas 2023 - 88th 3rd C.S.

• Filed: 10/16/23

Caption

Relating to certain duties of the owner or operator of a residential child detention facility.

Impact

By enforcing stricter oversight and background check requirements, HB162 aims to enhance the safety and security of children housed in these facilities. These provisions are intended to prevent individuals with potentially harmful backgrounds from working with vulnerable populations. Furthermore, the legislation establishes a protocol for handling and destroying criminal history information, thus ensuring personal privacy while maintaining the integrity of the evaluation process for staff hiring.

Summary

House Bill 162 proposes to amend the Government Code regarding the operations of residential child detention facilities in Texas. It specifically provides guidelines for the access to, and handling of, criminal history record information for individuals seeking employment or involved with these facilities. The bill mandates facility operators to conduct criminal background checks on both employees and volunteers, especially when state funding constitutes a significant portion of the facility's operating expenses.

Sentiment

The general sentiment surrounding HB162 appears to be positive, particularly among child welfare advocates and supporters of stronger regulatory measures. They emphasize the importance of safeguarding the well-being of children in detention facilities through thorough vetting of personnel. However, there may also be concerns expressed by proponents of civil liberties regarding the extent of background checks and the implications for individuals with prior records seeking employment in these facilities.

Contention

Notable points of contention may arise with regard to the implementation of the memorandum of understanding between facility operators and local governing bodies to dictate operational standards and health reporting. Some may argue that this could place additional burdens on facilities, especially smaller ones that may struggle with compliance. The bill's requirement for transparency through monthly occupancy records and quarterly incident reports could also lead to disputes over privacy concerns and operational pressures.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section

Local Government Code

• Chapter 250. Miscellaneous Regulatory Authority
  • Section: 013