S.B. No. 2188
AN ACT
relating to the municipal or county regulation of residential
detention facilities for immigrant or refugee children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Local Government Code, is amended
by adding Section 250.011 to read as follows:
Sec. 250.011. RESIDENTIAL IMMIGRANT OR REFUGEE CHILD
DETENTION FACILITIES. (a) In this section, "residential child
detention facility" means a private facility other than a facility
licensed by this state that operates under a contract with the
United States Immigration and Customs Enforcement, the United
States Department of Health and Human Services, or another federal
agency to provide 24-hour custody or care to unaccompanied
immigrant or refugee children.
(b) A municipality or a county may adopt and enforce an
ordinance, order, or other regulation that requires a residential
child detention facility to:
(1) provide adequate water, wastewater, or other
utilities for the facility; and
(2) meet reasonable minimum standards that promote the
health, safety, and welfare of the residents of the facility.
(c) A county may not regulate under Subsection (b) a
facility that is located in the corporate boundaries of a
municipality.
(d) Before entering into a contract with a federal agency to
operate as a residential child detention facility, the owner or
operator of the proposed residential child detention facility must:
(1) provide notice of the proposed facility:
(A) if the facility is located in a municipality,
to the governing body of the municipality; or
(B) if the facility is located in the
unincorporated area of a county, to the commissioners court of the
county; and
(2) meet any requirements adopted by the municipality
or county under Subsection (b).
SECTION 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2188 passed the Senate on
April 20, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2188 passed the House, with
amendment, on May 24, 2021, by the following vote: Yeas 142,
Nays 1, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor