Texas 2025 - 89th Regular

Texas Senate Bill SB2396 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11983 SCL-D
2	2	By: Huffman S.B. No. 2396
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain duties of the owner or operator of a residential
10	10	child detention facility.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter F, Chapter 411, Government Code, is
13	13	amended by adding Section 411.14103 to read as follows:
14	14	Sec. 411.14103. ACCESS TO CRIMINAL HISTORY RECORD
15	15	INFORMATION: RESIDENTIAL CHILD DETENTION FACILITIES. (a) In this
16	16	section, "residential child detention facility" has the meaning
17	17	assigned by Section 250.013, Local Government Code.
18	18	(b) The owner or operator of a residential child detention
19	19	facility is entitled to obtain from the department criminal history
20	20	record information maintained by the department that relates to a
21	21	person who is:
22	22	(1) an applicant for employment with, or who is or has
23	23	been employed by, the facility; or
24	24	(2) a consultant, contract employee, independent
25	25	contractor, intern, or volunteer for the facility or an applicant
26	26	to serve in one of those positions.
27	27	(c) Criminal history record information obtained by the
28	28	owner or operator under Subsection (b) may be used only to evaluate
29	29	an applicant for employment with, or a current or former employee
30	30	of, the facility.
31	31	(d) The owner or operator of a residential child detention
32	32	facility may not release or disclose information obtained under
33	33	Subsection (b) except on court order or with the consent of the
34	34	person who is the subject of the criminal history record
35	35	information.
36	36	(e) After the expiration of any probationary term of the
37	37	person's employment or not later than the 180th day after the date
38	38	of receipt of the information, whichever is later, the owner or
39	39	operator of the residential child detention facility shall destroy
40	40	all criminal history record information obtained under Subsection
41	41	(b).
42	42	SECTION 2. Section 250.013, Local Government Code, is
43	43	amended by amending Subsection (a) and adding Subsections (e) and
44	44	(f) to read as follows:
45	45	(a) In this section:
46	46	(1) "Owner or operator" includes a for-profit or
47	47	nonprofit organization.
48	48	(2) "Residential[, "residential] child detention
49	49	facility" means a private facility other than a facility licensed
50	50	by this state that operates under a contract with the United States
51	51	Immigration and Customs Enforcement, the United States Department
52	52	of Health and Human Services, or another federal agency to provide
53	53	24-hour custody or care to unaccompanied immigrant or refugee
54	54	children.
55	55	(e) The owner or operator of a residential child detention
56	56	facility shall enter into a memorandum of understanding with the
57	57	governing body of the municipality or the commissioners court of
58	58	the county that regulates the facility under this section. The
59	59	memorandum must require the facility to:
60	60	(1) report illness at the facility to the appropriate
61	61	local health authority;
62	62	(2) provide to the governing body or court, as
63	63	applicable:
64	64	(A) a description of the facility's methods for
65	65	preventing illness;
66	66	(B) an emergency evacuation plan;
67	67	(C) an education plan for the children residing
68	68	at the facility for submission to and regulation by the state; and
69	69	(D) quarterly compliance and safety inspection
70	70	reports; and
71	71	(3) provide to the municipal police department or
72	72	county sheriff's department, as applicable:
73	73	(A) monthly facility occupancy records; and
74	74	(B) a quarterly summary of all facility incident
75	75	reports and all significant incident reports.
76	76	(f) The owner or operator of a residential child detention
77	77	facility shall conduct a criminal history background check on all
78	78	facility personnel if at least 10 percent of the owner's,
79	79	operator's, or facility's operating expenses are provided directly
80	80	or indirectly by the state. Notwithstanding any other law, if the
81	81	owner or operator fails to conduct the check, the facility is
82	82	ineligible to receive state funding until the state conducts an
83	83	audit of the facility and publishes a report of the audit that is
84	84	available to the public.
85	85	SECTION 3. Not later than December 1, 2025, a residential
86	86	child detention facility shall enter into a memorandum of
87	87	understanding required by Section 250.013(e), Local Government
88	88	Code, as added by this Act.
89	89	SECTION 4. This Act takes effect September 1, 2025.