Texas 2025 - 89th Regular

Texas Senate Bill SB2992 Compare Versions

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

Old	New	Differences
1	1	By: Johnson S.B. No. 2992
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the operations of the Texas military forces at the
9	9	Texas-Mexico border; authorizing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 437, Government Code, is amended by
12	12	adding Subchapter J to read as follows:
13	13	SUBCHAPTER J. BORDER OPERATIONS
14	14	Sec. 437.501. DEFINITIONS. In this subchapter:
15	15	(1) "Detainee" means a person not lawfully present in
16	16	the United States who is housed at a detention facility.
17	17	(2) "Detention facility" means a facility, including a
18	18	temporary facility, the department operates or contracts with
19	19	another person to operate for the detention of persons not lawfully
20	20	present in the United States.
21	21	Sec. 437.502. STANDARDS FOR IMMIGRATION DETENTION
22	22	FACILITY. (a) The department shall ensure a detention facility:
23	23	(1) provides each detainee with access to:
24	24	(A) clean water, functional and sanitary
25	25	restroom facilities, and showers at all times;
26	26	(B) medical professionals, including advanced
27	27	practice registered nurses and physicians, if the detainee is
28	28	experiencing illness or a medical emergency; and
29	29	(C) necessary vaccinations and medical
30	30	screenings on the detainee's intake in the facility;
31	31	(2) provides at no cost to each detainee personal
32	32	hygiene products, including soap, toothpaste, toothbrush,
33	33	menstrual hygiene products, and other necessary items;
34	34	(3) maintains:
35	35	(A) proper ventilation and climate control to
36	36	prevent overcrowding-related health risks for detainees; and
37	37	(B) sufficient medical supplies, including first
38	38	aid kits, disinfectants, and medications for common illnesses;
39	39	(4) provides daily cleaning of detainee living spaces,
40	40	including bedding and shared areas; and
41	41	(5) conducts regular inspections to monitor pest
42	42	control and food safety to prevent health hazards.
43	43	(b) Any contract the department executes for the operation
44	44	of a detention facility must include a provision requiring the
45	45	facility to comply with the standards described by Subsection (a)
46	46	and must be reported to the legislature.
47	47	(c) If a detention facility is found in violation of this
48	48	section, the attorney general may bring an action on behalf of this
49	49	state to enjoin the detention facility from operating in violation
50	50	of this section.
51	51	(d) In addition to seeking an injunction under Subsection
52	52	(c), the attorney general may request and the court may order the
53	53	imposition of a civil penalty in an amount not to exceed $50,000 for
54	54	each day a facility operating under a contract with the department
55	55	is in violation of this section.
56	56	(e) If the department determines a detention facility
57	57	operating under a contract with the department is in violation of
58	58	this section:
59	59	(1) the department may terminate the contract without
60	60	further obligation to the facility operator; and
61	61	(2) using procedures prescribed under Section
62	62	2155.077, the comptroller may bar the contractor from participating
63	63	in state contracts.
64	64	(f) The director of state administration shall adopt the
65	65	rules necessary to implement this section.
66	66	Sec. 437.503. INSPECTION OF DETENTION FACILITIES. (a) The
67	67	Health and Human Services Commission shall conduct quarterly
68	68	inspections of detention facilities to ensure compliance with this
69	69	subchapter.
70	70	(b) The Health and Human Services Commission shall:
71	71	(1) produce a quarterly inspection report;
72	72	(2) provide the report to the legislature; and
73	73	(3) publish the report on the commission's Internet
74	74	website.
75	75	(c) The executive commissioner of the Health and Human
76	76	Services Commission may adopt the rules necessary to implement this
77	77	section.
78	78	Sec. 437.504. WHISTLEBLOWER PROTECTION. (a) The department
79	79	shall establish a whistleblower protection program to allow
80	80	employees and detainees of a detention facility operating under
81	81	this subchapter to report, in good faith, any unsanitary or unsafe
82	82	conditions, violations of the standards set forth in Section
83	83	437.502, or unlawful conduct without the fear of retaliation.
84	84	(b) Any report made under this section shall be submitted to
85	85	the Health and Human Services Commission, the Texas Military
86	86	Department, or any other entity designated by the state for
87	87	oversight and enforcement. Reports may be submitted confidentially
88	88	and anonymously.
89	89	(c) A detention facility, its operators, contractors, or
90	90	employees may not take adverse action, including termination,
91	91	demotion, harassment, or any form of retaliation, against an
92	92	individual who in good faith reports a violation under this
93	93	section.
94	94	(d) The attorney general may bring an action to seek
95	95	injunctive relief and civil penalties against any facility or
96	96	operator found to have retaliated against a whistleblower in
97	97	violation of this section.
98	98	(e) The director of state administration shall adopt the
99	99	rules necessary to implement this section, including procedures for
100	100	receiving and investigating reports of violations.
101	101	SECTION 2. (a) As soon as practicable after the effective
102	102	date of this Act, the director of state administration for the Texas
103	103	Military Department shall adopt the rules necessary to implement
104	104	Section 437.502, Government Code, as added by this Act.
105	105	(b) As soon as practicable after the effective date of this
106	106	Act, the executive commissioner of the Health and Human Services
107	107	Commission shall adopt the rules necessary to implement Section
108	108	437.503, Government Code, as added by this Act.
109	109	SECTION 3. This Act takes effect September 1, 2025.