89R11983 SCL-D
By: Kitzman, Spiller, Oliverson, Cook, H.B. No. 3120
et al.
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 amending Subsection (a) and adding Subsections (e) and
(f) to read as follows:
(a) In this section:
(1) "Owner or operator" includes a for-profit or
nonprofit organization.
(2) "Residential[, "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.
(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, as
applicable:
(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 and all significant 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 owner's,
operator's, or 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 December 1, 2025, 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 September 1, 2025.