Amend CSSB 103 (House committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering the subsequent SECTIONS accordingly:
SECTION ____. Section 51.12, Family Code, is amended by
adding Subsections (b-1), (c-1), and (m) and amending Subsections
(c) and (i) to read as follows:
(b-1) A pre-adjudication secure detention facility may be
operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(c) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private [the] juvenile pre-adjudication
secure detention facilities [and any public or private juvenile
secure correctional facilities used for post-adjudication
confinement] that are located in the county [and operated under
authority of the juvenile board] at least annually and shall
certify in writing to the authorities responsible for operating and
giving financial support to the facilities and to the Texas
Juvenile Probation Commission that the facilities [they] are
suitable or unsuitable for the detention of children. In
determining whether a facility is suitable or unsuitable for the
detention of children, the juvenile court judges and juvenile board
members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c-1), and the status of any required corrective
actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) current building inspector certification
regarding the facility's compliance with local building codes;
(4) for the 12-month period preceding the inspection,
the total number of allegations of abuse, neglect, or exploitation
reported by the facility and a summary of the findings of any
investigations of abuse, neglect, or exploitation conducted by the
facility, a local law enforcement agency, and the Texas Juvenile
Probation Commission;
(5) the availability of health and mental health
services provided to facility residents;
(6) the availability of educational services provided
to facility residents; and
(7) the overall physical appearance of the facility,
including the facility's security, maintenance, cleanliness, and
environment.
(c-1) The Texas Juvenile Probation Commission shall
annually inspect each public or private juvenile pre-adjudication
secure detention facility. The Texas Juvenile Probation Commission
shall provide a report to each juvenile court judge presiding in the
same county as an inspected facility indicating whether the
facility is suitable or unsuitable for the detention of children in
accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication [or post-adjudication] secure
confinement promulgated by the Texas Juvenile Probation Commission
or, at the election of the juvenile board of the county in which the
facility is located, the current standards promulgated by the
American Correctional Association.
(i) Except for [a facility operated or
certified by the Texas Youth Commission or] a facility as provided
by Subsection (l), a governmental unit or private entity that
operates or contracts for the operation of a juvenile
pre-adjudication secure detention facility under Subsection (b-1)
[or a juvenile post-adjudication secure correctional facility] in
this state shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(m) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (i) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.
SECTION ____. Chapter 51, Family Code, is amended by adding
Section 51.125 to read as follows:
Sec. 51.125. POST-ADJUDICATION CORRECTIONAL FACILITIES.
(a) A post-adjudication secure correctional facility for juvenile
offenders may be operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(b) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile post-adjudication secure
correctional facilities that are not operated by the Texas Youth
Commission and that are located in the county at least annually and
shall certify in writing to the authorities responsible for
operating and giving financial support to the facilities and to the
Texas Juvenile Probation Commission that the facility or facilities
are suitable or unsuitable for the detention of children. In
determining whether a facility is suitable or unsuitable for the
confinement of children, the juvenile court judges and juvenile
board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c), and the status of any required corrective actions;
and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Probation Commission shall annually
inspect each public or private juvenile post-adjudication secure
correctional facility that is not operated by the Texas Youth
Commission. The Texas Juvenile Probation Commission shall provide
a report to each juvenile court judge presiding in the same county
as an inspected facility indicating whether the facility is
suitable or unsuitable for the detention of children in accordance
with minimum professional standards for the detention of children
in post-adjudication secure confinement promulgated by the Texas
Juvenile Probation Commission or, at the election of the juvenile
board of the county in which the facility is located, the current
standards promulgated by the American Correctional Association.
(d) A governmental unit or private entity that operates or
contracts for the operation of a juvenile post-adjudication secure
correctional facility in this state under Subsection (a), except
for a facility operated by or under contract with the Texas Youth
Commission, shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(e) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (d) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.
SECTION ____. Section 42.041(b), Human Resources Code, is
amended to read as follows:
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home or agency foster group home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short periods
while parents or persons responsible for the children are attending
religious services, shopping, or engaging in other activities on or
near the premises, including but not limited to retreats or classes
for religious instruction;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a religious
organization during the summer months;
(5) a youth camp licensed by the Department of State
Health Services [Texas Department of Health];
(6) a facility licensed, operated, certified, or
registered by another state agency;
(7) an educational facility accredited by the Texas
Education Agency or the Southern Association of Colleges and
Schools that operates primarily for educational purposes in grades
kindergarten and above, an after-school program operated directly
by an accredited educational facility, or an after-school program
operated by another entity under contract with the educational
facility, if the Texas Education Agency or Southern Association of
Colleges and Schools has approved the curriculum content of the
after-school program operated under the contract;
(8) an educational facility that operates solely for
educational purposes in grades kindergarten through at least grade
two, that does not provide custodial care for more than one hour
during the hours before or after the customary school day, and that
is a member of an organization that promulgates, publishes, and
requires compliance with health, safety, fire, and sanitation
standards equal to standards required by state, municipal, and
county codes;
(9) a kindergarten or preschool educational program
that is operated as part of a public school or a private school
accredited by the Texas Education Agency, that offers educational
programs through grade six, and that does not provide custodial
care during the hours before or after the customary school day;
(10) a family home, whether registered or listed;
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization or an
educational facility both of which do not provide custodial care
for more than two hours maximum per day, and that offers educational
programs for children age five and above in one or more of the
following: kindergarten through at least grade three, elementary,
or secondary grades;
(12) an emergency shelter facility providing shelter
to minor mothers who are the sole support of their natural children
under Section 32.201, Family Code, unless the facility would
otherwise require a license as a child-care facility under this
section;
(13) a juvenile detention facility certified under
Section 51.12, Family Code, a juvenile correctional facility
certified under Section 51.125, Family Code, [or Section
141.042(d),] a juvenile facility providing services solely for the
Texas Youth Commission, or any other correctional facility for
children operated or regulated by another state agency or by a
political subdivision of the state;
(14) an elementary-age (ages 5-13) recreation program
operated by a municipality provided the governing body of the
municipality annually adopts standards of care by ordinance after a
public hearing for such programs, that such standards are provided
to the parents of each program participant, and that the ordinances
shall include, at a minimum, staffing ratios, minimum staff
qualifications, minimum facility, health, and safety standards,
and mechanisms for monitoring and enforcing the adopted local
standards; and further provided that parents be informed that the
program is not licensed by the state and the program may not be
advertised as a child-care facility; or
(15) an annual youth camp held in a municipality with a
population of more than 1.5 million that operates for not more than
three months and that has been operated for at least 10 years by a
nonprofit organization that provides care for the homeless.
SECTION ____. Section 42.052(h), Human Resources Code, is
amended to read as follows:
(h) The certification requirements of this section do not
apply to a juvenile detention facility certified under Section
51.12, Family Code, or a juvenile correctional facility certified
under Section 51.125, Family Code [or Section 141.042(d)].
SECTION ____. Section 141.042(d), Human Resources Code, is
repealed.