Texas 2025 - 89th Regular

Texas Senate Bill SB2396

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain duties of the owner or operator of a residential child detention facility.

Impact

A significant feature of SB2396 is its emphasis on transparency and accountability within facilities housing minors. It obligates facility operators to report any illness occurring within the establishment to the local health authority and mandates the submission of various operational documents, including emergency evacuation plans and education plans for the children. The requirement for quarterly compliance and safety inspection reports aims to enhance oversight, ensuring that facilities adhere to required safety protocols.

Summary

Senate Bill 2396 focuses on establishing stringent requirements for owners and operators of residential child detention facilities, particularly those housing unaccompanied immigrant or refugee children. The bill mandates that these facilities enter into a memorandum of understanding (MOU) with local governing bodies, ensuring compliance with various regulations, including health and safety standards. This provision is crucial given the vulnerable demographic these facilities serve, highlighting the state's commitment to safeguarding children's welfare.

Contention

Notably, while proponents applaud the bill for enhancing regulatory frameworks around child detention facilities, critics argue that it may impose additional burdens on already struggling organizations. There are concerns regarding the feasibility of implementing such stringent reporting and compliance measures, particularly for smaller or non-profit facilities that may lack the necessary resources. These apprehensions highlight a contentious debate between ensuring child safety and the operational capabilities of these facilities.

Effectiveness

SB2396 is set to take effect on September 1, 2025, giving facilities time to conform to the new standards. The bill aims to improve oversight in the sector, addressing past criticisms of inadequate regulation. If successfully implemented, it could herald a significant shift in how residential child detention facilities operate, prioritizing the safety and well-being of children while ensuring that facility operators uphold public accountability.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: New Section

Local Government Code

  • Chapter 250. Miscellaneous Regulatory Authority
    • Section: 013

Companion Bills

TX HB3120

Identical Relating to certain duties of the owner or operator of a residential child detention facility.

Previously Filed As

TX HB162

Relating to certain duties of the owner or operator of a residential child detention facility.

TX HB97

Relating to certain duties of the owner or operator of a residential child detention facility.

TX SB572

Relating to the authority of a general-law municipality or county to regulate residential child detention facilities.

TX HB3075

Relating to the operation of an unmanned aircraft over a correctional facility or detention facility; creating a criminal offense.

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB3872

Relating to hiring and employment requirements for persons in direct contact with children at certain facilities.

TX HB3363

Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.

TX SB1098

Relating to the rights of a parent or guardian with a child in certain child-care facilities.

TX HB5195

Relating to the services provided to certain children detained in a juvenile detention facility.

TX HB3904

Relating to emergency detention by a physician of certain persons with mental illness for preliminary examination at a facility.

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Measures proposed by the Legislature.