Johnson Bill Sets Living Standards For Border Detention Facilities

The text as introduced · 808 words

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.