Texas 2025 - 89th Regular

Texas House Bill HB3120 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R11983 SCL-D
2		-	By: Kitzman, Spiller, Oliverson, Cook, H.B. No. 3120
3		-	et al.
	2	+	By: Kitzman H.B. No. 3120
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8	7		A BILL TO BE ENTITLED
9	8		AN ACT
10	9		relating to certain duties of the owner or operator of a residential
11	10		child detention facility.
12	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	12		SECTION 1. Subchapter F, Chapter 411, Government Code, is
14	13		amended by adding Section 411.14103 to read as follows:
15	14		Sec. 411.14103. ACCESS TO CRIMINAL HISTORY RECORD
16	15		INFORMATION: RESIDENTIAL CHILD DETENTION FACILITIES. (a) In this
17	16		section, "residential child detention facility" has the meaning
18	17		assigned by Section 250.013, Local Government Code.
19	18		(b) The owner or operator of a residential child detention
20	19		facility is entitled to obtain from the department criminal history
21	20		record information maintained by the department that relates to a
22	21		person who is:
23	22		(1) an applicant for employment with, or who is or has
24	23		been employed by, the facility; or
25	24		(2) a consultant, contract employee, independent
26	25		contractor, intern, or volunteer for the facility or an applicant
27	26		to serve in one of those positions.
28	27		(c) Criminal history record information obtained by the
29	28		owner or operator under Subsection (b) may be used only to evaluate
30	29		an applicant for employment with, or a current or former employee
31	30		of, the facility.
32	31		(d) The owner or operator of a residential child detention
33	32		facility may not release or disclose information obtained under
34	33		Subsection (b) except on court order or with the consent of the
35	34		person who is the subject of the criminal history record
36	35		information.
37	36		(e) After the expiration of any probationary term of the
38	37		person's employment or not later than the 180th day after the date
39	38		of receipt of the information, whichever is later, the owner or
40	39		operator of the residential child detention facility shall destroy
41	40		all criminal history record information obtained under Subsection
42	41		(b).
43	42		SECTION 2. Section 250.013, Local Government Code, is
44	43		amended by amending Subsection (a) and adding Subsections (e) and
45	44		(f) to read as follows:
46	45		(a) In this section:
47	46		(1) "Owner or operator" includes a for-profit or
48	47		nonprofit organization.
49	48		(2) "Residential[, "residential] child detention
50	49		facility" means a private facility other than a facility licensed
51	50		by this state that operates under a contract with the United States
52	51		Immigration and Customs Enforcement, the United States Department
53	52		of Health and Human Services, or another federal agency to provide
54	53		24-hour custody or care to unaccompanied immigrant or refugee
55	54		children.
56	55		(e) The owner or operator of a residential child detention
57	56		facility shall enter into a memorandum of understanding with the
58	57		governing body of the municipality or the commissioners court of
59	58		the county that regulates the facility under this section. The
60	59		memorandum must require the facility to:
61	60		(1) report illness at the facility to the appropriate
62	61		local health authority;
63	62		(2) provide to the governing body or court, as
64	63		applicable:
65	64		(A) a description of the facility's methods for
66	65		preventing illness;
67	66		(B) an emergency evacuation plan;
68	67		(C) an education plan for the children residing
69	68		at the facility for submission to and regulation by the state; and
70	69		(D) quarterly compliance and safety inspection
71	70		reports; and
72	71		(3) provide to the municipal police department or
73	72		county sheriff's department, as applicable:
74	73		(A) monthly facility occupancy records; and
75	74		(B) a quarterly summary of all facility incident
76	75		reports and all significant incident reports.
77	76		(f) The owner or operator of a residential child detention
78	77		facility shall conduct a criminal history background check on all
79	78		facility personnel if at least 10 percent of the owner's,
80	79		operator's, or facility's operating expenses are provided directly
81	80		or indirectly by the state. Notwithstanding any other law, if the
82	81		owner or operator fails to conduct the check, the facility is
83	82		ineligible to receive state funding until the state conducts an
84	83		audit of the facility and publishes a report of the audit that is
85	84		available to the public.
86	85		SECTION 3. Not later than December 1, 2025, a residential
87	86		child detention facility shall enter into a memorandum of
88	87		understanding required by Section 250.013(e), Local Government
89	88		Code, as added by this Act.
90	89		SECTION 4. This Act takes effect September 1, 2025.