Texas 2023 - 88th 3rd C.S.

Texas House Bill HB162 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S30564 SCL-F
2	2	By: Kitzman H.B. No. 162
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain duties of the owner or operator of a residential
8	8	child detention facility.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter F, Chapter 411, Government Code, is
11	11	amended by adding Section 411.14103 to read as follows:
12	12	Sec. 411.14103. ACCESS TO CRIMINAL HISTORY RECORD
13	13	INFORMATION: RESIDENTIAL CHILD DETENTION FACILITIES. (a) In this
14	14	section, "residential child detention facility" has the meaning
15	15	assigned by Section 250.013, Local Government Code.
16	16	(b) The owner or operator of a residential child detention
17	17	facility is entitled to obtain from the department criminal history
18	18	record information maintained by the department that relates to a
19	19	person who is:
20	20	(1) an applicant for employment with, or who is or has
21	21	been employed by, the facility; or
22	22	(2) a consultant, contract employee, independent
23	23	contractor, intern, or volunteer for the facility or an applicant
24	24	to serve in one of those positions.
25	25	(c) Criminal history record information obtained by the
26	26	owner or operator under Subsection (b) may be used only to evaluate
27	27	an applicant for employment with, or a current or former employee
28	28	of, the facility.
29	29	(d) The owner or operator of a residential child detention
30	30	facility may not release or disclose information obtained under
31	31	Subsection (b) except on court order or with the consent of the
32	32	person who is the subject of the criminal history record
33	33	information.
34	34	(e) After the expiration of any probationary term of the
35	35	person's employment or not later than the 180th day after the date
36	36	of receipt of the information, whichever is later, the owner or
37	37	operator of the residential child detention facility shall destroy
38	38	all criminal history record information obtained under Subsection
39	39	(b).
40	40	SECTION 2. Section 250.013, Local Government Code, is
41	41	amended by adding Subsections (e) and (f) to read as follows:
42	42	(e) The owner or operator of a residential child detention
43	43	facility shall enter into a memorandum of understanding with the
44	44	governing body of the municipality or the commissioners court of
45	45	the county that regulates the facility under this section. The
46	46	memorandum must require the facility to:
47	47	(1) report illness at the facility to the appropriate
48	48	local health authority;
49	49	(2) provide to the governing body or court:
50	50	(A) a description of the facility's methods for
51	51	preventing illness;
52	52	(B) an emergency evacuation plan;
53	53	(C) an education plan for the children residing
54	54	at the facility for submission to and regulation by the state; and
55	55	(D) quarterly compliance and safety inspection
56	56	reports; and
57	57	(3) provide to the municipal police department or
58	58	county sheriff's department, as applicable:
59	59	(A) monthly facility occupancy records; and
60	60	(B) a quarterly summary of all facility incident
61	61	reports.
62	62	(f) The owner or operator of a residential child detention
63	63	facility shall conduct a criminal history background check on all
64	64	facility personnel if at least 10 percent of the facility's
65	65	operating expenses are provided directly or indirectly by the
66	66	state. Notwithstanding any other law, if the owner or operator
67	67	fails to conduct the check, the facility is ineligible to receive
68	68	state funding until the state conducts an audit of the facility and
69	69	publishes a report of the audit that is available to the public.
70	70	SECTION 3. Not later than May 1, 2024, a residential child
71	71	detention facility shall enter into a memorandum of understanding
72	72	required by Section 250.013(e), Local Government Code, as added by
73	73	this Act.
74	74	SECTION 4. This Act takes effect on the 91st day after the
75	75	last day of the legislative session.