4 | 8 | | AN ACT |
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5 | 9 | | relating to the municipal or county regulation of residential |
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6 | 10 | | detention facilities for immigrant or refugee children. |
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7 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 12 | | SECTION 1. Chapter 250, Local Government Code, is amended |
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9 | 13 | | by adding Section 250.011 to read as follows: |
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10 | 14 | | Sec. 250.011. RESIDENTIAL IMMIGRANT OR REFUGEE CHILD |
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11 | 15 | | DETENTION FACILITIES. (a) In this section, "residential child |
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12 | 16 | | detention facility" means a private facility other than a facility |
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13 | 17 | | licensed by this state that operates under a contract with the |
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14 | 18 | | United States Immigration and Customs Enforcement, the United |
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15 | 19 | | States Department of Health and Human Services, or another federal |
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16 | 20 | | agency to provide 24-hour custody or care to unaccompanied |
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17 | 21 | | immigrant or refugee children. |
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18 | 22 | | (b) A municipality or a county may adopt and enforce an |
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19 | 23 | | ordinance, order, or other regulation that requires a residential |
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20 | 24 | | child detention facility to: |
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21 | 25 | | (1) provide adequate water, wastewater, or other |
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22 | 26 | | utilities for the facility; and |
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23 | 27 | | (2) meet reasonable minimum standards that promote the |
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24 | 28 | | health, safety, and welfare of the residents of the facility. |
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25 | 29 | | (c) A county may not regulate under Subsection (b) a |
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26 | 30 | | facility that is located in the corporate boundaries of a |
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27 | 31 | | municipality. |
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28 | 32 | | (d) Before entering into a contract with a federal agency to |
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29 | 33 | | operate as a residential child detention facility, the owner or |
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30 | 34 | | operator of the proposed residential child detention facility must: |
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31 | 35 | | (1) provide notice of the proposed facility: |
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32 | 36 | | (A) if the facility is located in a municipality, |
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33 | 37 | | to the governing body of the municipality; or |
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34 | 38 | | (B) if the facility is located in the |
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35 | 39 | | unincorporated area of a county, to the commissioners court of the |
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36 | 40 | | county; and |
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37 | 41 | | (2) meet any requirements adopted by the municipality |
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38 | 42 | | or county under Subsection (b). |
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39 | 43 | | SECTION 2. This Act takes effect September 1, 2021. |
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40 | | - | ______________________________ ______________________________ |
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41 | | - | President of the Senate Speaker of the House |
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42 | | - | I hereby certify that S.B. No. 2188 passed the Senate on |
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43 | | - | April 20, 2021, by the following vote: Yeas 31, Nays 0; and that |
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44 | | - | the Senate concurred in House amendment on May 27, 2021, by the |
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45 | | - | following vote: Yeas 31, Nays 0. |
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46 | | - | ______________________________ |
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47 | | - | Secretary of the Senate |
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48 | | - | I hereby certify that S.B. No. 2188 passed the House, with |
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49 | | - | amendment, on May 24, 2021, by the following vote: Yeas 142, |
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50 | | - | Nays 1, one present not voting. |
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51 | | - | ______________________________ |
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52 | | - | Chief Clerk of the House |
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53 | | - | Approved: |
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54 | | - | ______________________________ |
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55 | | - | Date |
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56 | | - | ______________________________ |
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57 | | - | Governor |
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