By: Johnson S.B. No. 2992
A BILL TO BE ENTITLED
AN ACT
relating to the operations of the Texas military forces at the
Texas-Mexico border; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. BORDER OPERATIONS
Sec. 437.501. DEFINITIONS. In this subchapter:
(1) "Detainee" means a person not lawfully present in
the United States who is housed at a detention facility.
(2) "Detention facility" means a facility, including a
temporary facility, the department operates or contracts with
another person to operate for the detention of persons not lawfully
present in the United States.
Sec. 437.502. STANDARDS FOR IMMIGRATION DETENTION
FACILITY. (a) The department shall ensure a detention facility:
(1) provides each detainee with access to:
(A) clean water, functional and sanitary
restroom facilities, and showers at all times;
(B) medical professionals, including advanced
practice registered nurses and physicians, if the detainee is
experiencing illness or a medical emergency; and
(C) necessary vaccinations and medical
screenings on the detainee's intake in the facility;
(2) provides at no cost to each detainee personal
hygiene products, including soap, toothpaste, toothbrush,
menstrual hygiene products, and other necessary items;
(3) maintains:
(A) proper ventilation and climate control to
prevent overcrowding-related health risks for detainees; and
(B) sufficient medical supplies, including first
aid kits, disinfectants, and medications for common illnesses;
(4) provides daily cleaning of detainee living spaces,
including bedding and shared areas; and
(5) conducts regular inspections to monitor pest
control and food safety to prevent health hazards.
(b) Any contract the department executes for the operation
of a detention facility must include a provision requiring the
facility to comply with the standards described by Subsection (a)
and must be reported to the legislature.
(c) If a detention facility is found in violation of this
section, the attorney general may bring an action on behalf of this
state to enjoin the detention facility from operating in violation
of this section.
(d) In addition to seeking an injunction under Subsection
(c), the attorney general may request and the court may order the
imposition of a civil penalty in an amount not to exceed $50,000 for
each day a facility operating under a contract with the department
is in violation of this section.
(e) If the department determines a detention facility
operating under a contract with the department is in violation of
this section:
(1) the department may terminate the contract without
further obligation to the facility operator; and
(2) using procedures prescribed under Section
2155.077, the comptroller may bar the contractor from participating
in state contracts.
(f) The director of state administration shall adopt the
rules necessary to implement this section.
Sec. 437.503. INSPECTION OF DETENTION FACILITIES. (a) The
Health and Human Services Commission shall conduct quarterly
inspections of detention facilities to ensure compliance with this
subchapter.
(b) The Health and Human Services Commission shall:
(1) produce a quarterly inspection report;
(2) provide the report to the legislature; and
(3) publish the report on the commission's Internet
website.
(c) The executive commissioner of the Health and Human
Services Commission may adopt the rules necessary to implement this
section.
Sec. 437.504. WHISTLEBLOWER PROTECTION. (a) The department
shall establish a whistleblower protection program to allow
employees and detainees of a detention facility operating under
this subchapter to report, in good faith, any unsanitary or unsafe
conditions, violations of the standards set forth in Section
437.502, or unlawful conduct without the fear of retaliation.
(b) Any report made under this section shall be submitted to
the Health and Human Services Commission, the Texas Military
Department, or any other entity designated by the state for
oversight and enforcement. Reports may be submitted confidentially
and anonymously.
(c) A detention facility, its operators, contractors, or
employees may not take adverse action, including termination,
demotion, harassment, or any form of retaliation, against an
individual who in good faith reports a violation under this
section.
(d) The attorney general may bring an action to seek
injunctive relief and civil penalties against any facility or
operator found to have retaliated against a whistleblower in
violation of this section.
(e) The director of state administration shall adopt the
rules necessary to implement this section, including procedures for
receiving and investigating reports of violations.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the director of state administration for the Texas
Military Department shall adopt the rules necessary to implement
Section 437.502, Government Code, as added by this Act.
(b) As soon as practicable after the effective date of this
Act, the executive commissioner of the Health and Human Services
Commission shall adopt the rules necessary to implement Section
437.503, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.