Huffman Detention Bill’s Staff Checks Need 10 Percent State Money

The text as introduced · 657 words

89R11983 SCL-D

By: Huffman
S.B. No. 2396

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.