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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of family residential centers by the |
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Department of Family and Protective Services and the detention of |
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certain juveniles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0538 to read as follows: |
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Sec. 42.0538. FAMILY RESIDENTIAL CENTERS. (a) In this |
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section, "family residential center" means a facility that: |
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(1) is operated by or under a contract with United |
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States Immigration and Customs Enforcement to enforce federal |
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immigration laws; |
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(2) houses children with a parent or other adult |
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family member who remains with the child at the center or children |
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who are not accompanied by a parent or other adult family member; |
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and |
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(3) provides care for children for at least part of a |
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day. |
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(b) Except as provided by Subsection (c), the department |
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shall license a family residential center in the same manner as the |
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department licenses a general residential operation under this |
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chapter. |
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(b-1) The department shall revoke the license of a family |
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residential center if 90 percent or more of the people detained at |
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the family residential center are held at the center for longer than |
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90 days. |
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(c) The executive commissioner by rule may exempt a family |
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residential center from any minimum standard or rule applicable to |
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a general residential operation as the executive commissioner |
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determines necessary to: |
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(1) allow members of a family to remain together in the |
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same living space; |
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(2) allow a child's parent or other adult family member |
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who is housed with the child to supervise and care for the child at |
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the family residential center; or |
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(3) operate the family residential center. |
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(d) Subsection (c) does not prohibit the department from |
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granting a waiver or variance on a case-by-case basis as authorized |
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by other law. |
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(e) This section does not waive sovereign immunity or create |
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a cause of action. |
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(f) This section expires September 1, 2019. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |