87R16529 NC-D
 
  By: Seliger, Gutierrez S.B. No. 2188
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the municipal or county regulation of residential
  detention facilities for immigrant or refugee children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 250, Local Government Code, is amended
  by adding Section 250.011 to read as follows:
         Sec. 250.011.  RESIDENTIAL IMMIGRANT OR REFUGEE CHILD
  DETENTION FACILITIES. (a) In this section, "residential child
  detention facility" means a private facility 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.
         (b)  A municipality or a county may adopt and enforce an
  ordinance, order, or other regulation that requires a residential
  child detention facility to:
               (1)  provide adequate water, wastewater, or other
  utilities for the facility; and
               (2)  meet reasonable minimum standards that promote the
  health, safety, and welfare of the residents of the facility.
         (c)  A county may not regulate under Subsection (b) a
  facility that is located in the corporate boundaries of a
  municipality.
         (d)  Before entering into a contract with a federal agency to
  operate as a residential child detention facility, the owner or
  operator of the proposed residential child detention facility must:
               (1)  provide notice of the proposed facility to:
                     (A)  if the facility is located in a municipality,
  the governing body of the municipality; or 
                     (B)  if the facility is located in the
  unincorporated area of a county, the commissioners court of the
  county; and
               (2)  meet any requirements adopted by the municipality
  or county under Subsection (b).
         SECTION 2.  This Act takes effect September 1, 2021.