| 1 | | - | By: Hughes, Perry S.B. No. 1018 |
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| 2 | | - | (In the Senate - Filed February 22, 2017; March 6, 2017, |
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| 3 | | - | read first time and referred to Committee on Veteran Affairs & |
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| 4 | | - | Border Security; May 1, 2017, reported adversely, with favorable |
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| 5 | | - | Committee Substitute by the following vote: Yeas 4, Nays 3; |
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| 6 | | - | May 1, 2017, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1018 By: Hall |
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| 1 | + | By: Hughes, Creighton, Perry S.B. No. 1018 |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the licensing of family residential centers by the |
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| 14 | 7 | | Department of Family and Protective Services and the detention of |
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| 15 | 8 | | certain juveniles. |
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| 16 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 17 | 10 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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| 18 | 11 | | is amended by adding Section 42.0538 to read as follows: |
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| 19 | 12 | | Sec. 42.0538. FAMILY RESIDENTIAL CENTERS. (a) In this |
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| 20 | 13 | | section, "family residential center" means a facility that: |
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| 21 | 14 | | (1) is operated by or under a contract with United |
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| 22 | 15 | | States Immigration and Customs Enforcement to enforce federal |
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| 23 | 16 | | immigration laws; |
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| 24 | 17 | | (2) houses children with a parent or other adult |
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| 25 | 18 | | family member who remains with the child at the center or children |
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| 26 | 19 | | who are not accompanied by a parent or other adult family member; |
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| 27 | 20 | | and |
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| 28 | 21 | | (3) provides care for children for at least part of a |
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| 29 | 22 | | day. |
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| 30 | 23 | | (b) Except as provided by Subsection (c), the department |
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| 31 | 24 | | shall license a family residential center in the same manner as the |
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| 32 | 25 | | department licenses a general residential operation under this |
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| 33 | 26 | | chapter. |
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| 34 | 31 | | (c) The executive commissioner by rule may exempt a family |
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| 35 | 32 | | residential center from any minimum standard or rule applicable to |
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| 36 | 33 | | a general residential operation as the executive commissioner |
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| 37 | 34 | | determines necessary to: |
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| 38 | 35 | | (1) allow members of a family to remain together in the |
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| 39 | 36 | | same living space; |
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| 40 | 37 | | (2) allow a child's parent or other adult family member |
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| 41 | 38 | | who is housed with the child to supervise and care for the child at |
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| 42 | 39 | | the family residential center; or |
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| 43 | 40 | | (3) operate the family residential center. |
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| 44 | 41 | | (d) Subsection (c) does not prohibit the department from |
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| 45 | 42 | | granting a waiver or variance on a case-by-case basis as authorized |
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| 46 | 43 | | by other law. |
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| 47 | 44 | | (e) This section does not waive sovereign immunity or create |
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| 48 | 45 | | a cause of action. |
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| 49 | 46 | | (f) This section expires September 1, 2019. |
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| 50 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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| 51 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 51 | | Act takes effect September 1, 2017. |
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