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AN ACT
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relating to the municipal or county regulation of residential |
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detention facilities for immigrant or refugee children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.011 to read as follows: |
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Sec. 250.011. RESIDENTIAL IMMIGRANT OR REFUGEE CHILD |
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DETENTION FACILITIES. (a) In this section, "residential child |
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detention facility" means a private facility other than a facility |
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licensed by this state that operates under a contract with the |
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United States Immigration and Customs Enforcement, the United |
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States Department of Health and Human Services, or another federal |
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agency to provide 24-hour custody or care to unaccompanied |
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immigrant or refugee children. |
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(b) A municipality or a county may adopt and enforce an |
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ordinance, order, or other regulation that requires a residential |
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child detention facility to: |
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(1) provide adequate water, wastewater, or other |
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utilities for the facility; and |
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(2) meet reasonable minimum standards that promote the |
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health, safety, and welfare of the residents of the facility. |
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(c) A county may not regulate under Subsection (b) a |
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facility that is located in the corporate boundaries of a |
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municipality. |
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(d) Before entering into a contract with a federal agency to |
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operate as a residential child detention facility, the owner or |
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operator of the proposed residential child detention facility must: |
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(1) provide notice of the proposed facility: |
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(A) if the facility is located in a municipality, |
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to the governing body of the municipality; or |
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(B) if the facility is located in the |
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unincorporated area of a county, to the commissioners court of the |
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county; and |
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(2) meet any requirements adopted by the municipality |
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or county under Subsection (b). |
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SECTION 2. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2188 passed the Senate on |
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April 20, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2188 passed the House, with |
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amendment, on May 24, 2021, by the following vote: Yeas 142, |
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Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |