88S30564 SCL-F
By: Kitzman H.B. No. 162
A BILL TO BE ENTITLED
AN ACT
relating to certain duties of the owner or operator of a residential
child detention facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.14103 to read as follows:
Sec. 411.14103. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: RESIDENTIAL CHILD DETENTION FACILITIES. (a) In this
section, "residential child detention facility" has the meaning
assigned by Section 250.013, Local Government Code.
(b) The owner or operator of a residential child detention
facility is entitled to obtain from the department criminal history
record information maintained by the department that relates to a
person who is:
(1) an applicant for employment with, or who is or has
been employed by, the facility; or
(2) a consultant, contract employee, independent
contractor, intern, or volunteer for the facility or an applicant
to serve in one of those positions.
(c) Criminal history record information obtained by the
owner or operator under Subsection (b) may be used only to evaluate
an applicant for employment with, or a current or former employee
of, the facility.
(d) The owner or operator of a residential child detention
facility may not release or disclose information obtained under
Subsection (b) except on court order or with the consent of the
person who is the subject of the criminal history record
information.
(e) After the expiration of any probationary term of the
person's employment or not later than the 180th day after the date
of receipt of the information, whichever is later, the owner or
operator of the residential child detention facility shall destroy
all criminal history record information obtained under Subsection
(b).
SECTION 2. Section 250.013, Local Government Code, is
amended by adding Subsections (e) and (f) to read as follows:
(e) The owner or operator of a residential child detention
facility shall enter into a memorandum of understanding with the
governing body of the municipality or the commissioners court of
the county that regulates the facility under this section. The
memorandum must require the facility to:
(1) report illness at the facility to the appropriate
local health authority;
(2) provide to the governing body or court:
(A) a description of the facility's methods for
preventing illness;
(B) an emergency evacuation plan;
(C) an education plan for the children residing
at the facility for submission to and regulation by the state; and
(D) quarterly compliance and safety inspection
reports; and
(3) provide to the municipal police department or
county sheriff's department, as applicable:
(A) monthly facility occupancy records; and
(B) a quarterly summary of all facility incident
reports.
(f) The owner or operator of a residential child detention
facility shall conduct a criminal history background check on all
facility personnel if at least 10 percent of the facility's
operating expenses are provided directly or indirectly by the
state. Notwithstanding any other law, if the owner or operator
fails to conduct the check, the facility is ineligible to receive
state funding until the state conducts an audit of the facility and
publishes a report of the audit that is available to the public.
SECTION 3. Not later than May 1, 2024, a residential child
detention facility shall enter into a memorandum of understanding
required by Section 250.013(e), Local Government Code, as added by
this Act.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.