Texas 2017 - 85th Regular

Texas House Bill HB2225 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5960 MCK-F
2	2	By: Raney H.B. No. 2225
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing of family residential centers by the
8	8	Department of Family and Protective Services and the detention of
9	9	certain juveniles.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
12	12	is amended by adding Section 42.0538 to read as follows:
13	13	Sec. 42.0538. FAMILY RESIDENTIAL CENTERS. (a) In this
14	14	section, "family residential center" means a facility that:
15	15	(1) is operated by or under a contract with United
16	16	States Immigration and Customs Enforcement to enforce federal
17	17	immigration laws;
18	18	(2) detains children with a parent or other adult
19	19	family member who remains with the child at the center or children
20	20	who are not accompanied by a parent or other adult family member;
21	21	and
22	22	(3) provides care for children for at least part of a
23	23	day.
24	24	(b) Except as provided by Subsection (c), the department
25	25	shall license a family residential center in the same manner as the
26	26	department licenses a general residential operation under this
27	27	chapter.
28	28	(c) The executive commissioner may exempt a family
29	29	residential center from any rule applicable to a general
30	30	residential operation as the executive commissioner determines
31	31	necessary to:
32	32	(1) allow members of a family to remain together in the
33	33	same living space;
34	34	(2) allow a child's parent or other adult family member
35	35	who is housed with the child to supervise and care for the child at
36	36	the family residential center; or
37	37	(3) operate the family residential center.
38	38	(d) The department's licensing and oversight of family
39	39	residential centers is consistent with the purposes of this
40	40	chapter. This section does not authorize this state to enforce
41	41	federal immigration law.
42	42	SECTION 2. Section 54.011, Family Code, is amended by
43	43	amending Subsection (f) and adding Subsection (g) to read as
44	44	follows:
45	45	(f) Except as provided by Subsections [Subsection] (a) and
46	46	(g), a nonoffender[, including a person who has been taken into
47	47	custody and is being held solely for deportation out of the United
48	48	States,] may not be detained for any period of time in a secure
49	49	detention facility or secure correctional facility, regardless of
50	50	whether the facility is publicly or privately operated. A
51	51	nonoffender who is detained in violation of this subsection is
52	52	entitled to immediate release from the facility and may bring a
53	53	civil action for compensation for the illegal detention against any
54	54	person responsible for the detention. A person commits an offense
55	55	if the person knowingly detains or assists in detaining a
56	56	nonoffender in a secure detention facility or secure correctional
57	57	facility in violation of this subsection. An offense under this
58	58	subsection is a Class B misdemeanor.
59	59	(g) Notwithstanding any other law, a status offender or
60	60	nonoffender who has been taken into custody may be held solely for
61	61	deportation out of the United States for any period of time in a
62	62	publicly or privately operated, licensed, nonsecure facility,
63	63	including a family residential center, as defined by Section
64	64	42.0538, Human Resources Code.
65	65	SECTION 3. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2017.