By: Johnson S.B. No. 2992

A BILL TO BE ENTITLED

AN ACT

relating to the operations of the Texas military forces at the Texas-Mexico border; authorizing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 437, Government Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. BORDER OPERATIONS

Sec. 437.501. DEFINITIONS. In this subchapter:

(1) "Detainee" means a person not lawfully present in the United States who is housed at a detention facility.

(2) "Detention facility" means a facility, including a temporary facility, the department operates or contracts with another person to operate for the detention of persons not lawfully present in the United States.

Sec. 437.502. STANDARDS FOR IMMIGRATION DETENTION FACILITY. (a) The department shall ensure a detention facility:

(1) provides each detainee with access to:

(A) clean water, functional and sanitary restroom facilities, and showers at all times;

(B) medical professionals, including advanced practice registered nurses and physicians, if the detainee is experiencing illness or a medical emergency; and

(C) necessary vaccinations and medical screenings on the detainee's intake in the facility;

(2) provides at no cost to each detainee personal hygiene products, including soap, toothpaste, toothbrush, menstrual hygiene products, and other necessary items;

(3) maintains:

(A) proper ventilation and climate control to prevent overcrowding-related health risks for detainees; and

(B) sufficient medical supplies, including first aid kits, disinfectants, and medications for common illnesses;

(4) provides daily cleaning of detainee living spaces, including bedding and shared areas; and

(5) conducts regular inspections to monitor pest control and food safety to prevent health hazards.

(b) Any contract the department executes for the operation of a detention facility must include a provision requiring the facility to comply with the standards described by Subsection (a) and must be reported to the legislature.

(c) If a detention facility is found in violation of this section, the attorney general may bring an action on behalf of this state to enjoin the detention facility from operating in violation of this section.

(d) In addition to seeking an injunction under Subsection (c), the attorney general may request and the court may order the imposition of a civil penalty in an amount not to exceed $50,000 for each day a facility operating under a contract with the department is in violation of this section.

(e) If the department determines a detention facility operating under a contract with the department is in violation of this section:

(1) the department may terminate the contract without further obligation to the facility operator; and

(2) using procedures prescribed under Section 2155.077, the comptroller may bar the contractor from participating in state contracts.

(f) The director of state administration shall adopt the rules necessary to implement this section.

Sec. 437.503. INSPECTION OF DETENTION FACILITIES. (a) The Health and Human Services Commission shall conduct quarterly inspections of detention facilities to ensure compliance with this subchapter.

(b) The Health and Human Services Commission shall:

(1) produce a quarterly inspection report;

(2) provide the report to the legislature; and

(3) publish the report on the commission's Internet website.

(c) The executive commissioner of the Health and Human Services Commission may adopt the rules necessary to implement this section.

Sec. 437.504. WHISTLEBLOWER PROTECTION. (a) The department shall establish a whistleblower protection program to allow employees and detainees of a detention facility operating under this subchapter to report, in good faith, any unsanitary or unsafe conditions, violations of the standards set forth in Section 437.502, or unlawful conduct without the fear of retaliation.

(b) Any report made under this section shall be submitted to the Health and Human Services Commission, the Texas Military Department, or any other entity designated by the state for oversight and enforcement. Reports may be submitted confidentially and anonymously.

(c) A detention facility, its operators, contractors, or employees may not take adverse action, including termination, demotion, harassment, or any form of retaliation, against an individual who in good faith reports a violation under this section.

(d) The attorney general may bring an action to seek injunctive relief and civil penalties against any facility or operator found to have retaliated against a whistleblower in violation of this section.

(e) The director of state administration shall adopt the rules necessary to implement this section, including procedures for receiving and investigating reports of violations.

SECTION 2. (a) As soon as practicable after the effective date of this Act, the director of state administration for the Texas Military Department shall adopt the rules necessary to implement Section 437.502, Government Code, as added by this Act.

(b) As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement Section 437.503, Government Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.