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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties of the owner or operator of a residential |
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child detention facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.14103 to read as follows: |
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Sec. 411.14103. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: RESIDENTIAL CHILD DETENTION FACILITIES. (a) In this |
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section, "residential child detention facility" has the meaning |
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assigned by Section 250.013, Local Government Code. |
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(b) The owner or operator of a residential child detention |
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facility is entitled to obtain from the department criminal history |
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record information maintained by the department that relates to a |
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person who is: |
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(1) an applicant for employment with, or who is or has |
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been employed by, the facility; or |
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(2) a consultant, contract employee, independent |
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contractor, intern, or volunteer for the facility or an applicant |
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to serve in one of those positions. |
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(c) Criminal history record information obtained by the |
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owner or operator under Subsection (b) may be used only to evaluate |
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an applicant for employment with, or a current or former employee |
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of, the facility. |
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(d) The owner or operator of a residential child detention |
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facility may not release or disclose information obtained under |
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Subsection (b) except on court order or with the consent of the |
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person who is the subject of the criminal history record |
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information. |
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(e) After the expiration of any probationary term of the |
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person's employment or not later than the 180th day after the date |
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of receipt of the information, whichever is later, the owner or |
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operator of the residential child detention facility shall destroy |
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all criminal history record information obtained under Subsection |
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(b). |
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SECTION 2. Section 250.013, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (e) and |
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(f) to read as follows: |
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(a) In this section: |
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(1) "Owner or operator" includes a for-profit or |
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nonprofit organization. |
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(2) "Residential[, "residential] child detention |
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facility" means a private facility other than a facility licensed |
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by this state that operates under a contract with the United States |
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Immigration and Customs Enforcement, the United States Department |
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of Health and Human Services, or another federal agency to provide |
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24-hour custody or care to unaccompanied immigrant or refugee |
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children. |
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(e) The owner or operator of a residential child detention |
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facility shall enter into a memorandum of understanding with the |
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governing body of the municipality or the commissioners court of |
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the county that regulates the facility under this section. The |
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memorandum must require the facility to: |
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(1) report illness at the facility to the appropriate |
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local health authority; |
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(2) provide to the governing body or court, as |
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applicable: |
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(A) a description of the facility's methods for |
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preventing illness; |
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(B) an emergency evacuation plan; |
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(C) an education plan for the children residing |
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at the facility for submission to and regulation by the state; and |
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(D) quarterly compliance and safety inspection |
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reports; and |
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(3) provide to the municipal police department or |
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county sheriff's department, as applicable: |
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(A) monthly facility occupancy records; and |
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(B) a quarterly summary of all facility incident |
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reports. |
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(f) The owner or operator of a residential child detention |
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facility shall conduct a criminal history background check on all |
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facility personnel if at least 10 percent of the owner's, |
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operator's, or facility's operating expenses are provided directly |
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or indirectly by the state. Notwithstanding any other law, if the |
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owner or operator fails to conduct the check, the facility is |
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ineligible to receive state funding until the state conducts an |
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audit of the facility and publishes a report of the audit that is |
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available to the public. |
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SECTION 3. Not later than May 1, 2024, a residential child |
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detention facility shall enter into a memorandum of understanding |
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required by Section 250.013(e), Local Government Code, as added by |
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this Act. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |