SB2396 - Relating to certain duties of the owner or operator of a residential child detention facility.

  89R11983 SCL-D     By: Huffman S.B. No. 2396       A BILL TO BE ENTITLED   AN ACT   relating to certain duties of the owner or operator of a residential   child detention facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.14103 to read as follows:           Sec.   411.14103.     ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: RESIDENTIAL CHILD DETENTION FACILITIES.   (a)   In this   section, "residential child detention facility" has the meaning   assigned by Section 250.013, Local Government Code.           (b)     The owner or operator of a residential child detention   facility is entitled to obtain from the department criminal history   record information maintained by the department that relates to a   person who is:                 (1)     an applicant for employment with, or who is or has   been employed by, the facility; or                 (2)     a consultant, contract employee, independent   contractor, intern, or volunteer for the facility or an applicant   to serve in one of those positions.           (c)     Criminal history record information obtained by the   owner or operator under Subsection (b) may be used only to evaluate   an applicant for employment with, or a current or former employee   of, the facility.           (d)     The owner or operator of a residential child detention   facility may not release or disclose information obtained under   Subsection (b) except on court order or with the consent of the   person who is the subject of the criminal history record   information.           (e)     After the expiration of any probationary term of the   person's employment or not later than the 180th day after the date   of receipt of the information, whichever is later, the owner or   operator of the residential child detention facility shall destroy   all criminal history record information obtained under Subsection   (b).          SECTION 2.  Section 250.013, Local Government Code, is   amended by amending Subsection (a) and adding Subsections (e) and   (f) to read as follows:          (a)  In this section :                 (1)     "Owner or operator" includes a for-profit or   nonprofit organization.                 (2)  "Residential [ , "residential ] child detention   facility" means a private facility other than a facility licensed   by this state 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.           (e)     The owner or operator of a residential child detention   facility shall enter into a memorandum of understanding with the   governing body of the municipality or the commissioners court of   the county that regulates the facility under this section. The   memorandum must require the facility to:                 (1)     report illness at the facility to the appropriate   local health authority;                 (2)     provide to the governing body or court, as   applicable:                       (A)     a description of the facility's methods for   preventing illness;                       (B)  an emergency evacuation plan;                       (C)     an education plan for the children residing   at the facility for submission to and regulation by the state; and                       (D)     quarterly compliance and safety inspection   reports; and                 (3)     provide to the municipal police department or   county sheriff's department, as applicable:                       (A)  monthly facility occupancy records; and                       (B)     a quarterly summary of all facility incident   reports and all significant incident reports.           (f)     The owner or operator of a residential child detention   facility shall conduct a criminal history background check on all   facility personnel if at least 10 percent of the owner's,   operator's, or facility's operating expenses are provided directly   or indirectly by the state. Notwithstanding any other law, if the   owner or operator fails to conduct the check, the facility is   ineligible to receive state funding until the state conducts an   audit of the facility and publishes a report of the audit that is   available to the public.          SECTION 3.  Not later than December 1, 2025, a residential   child detention facility shall enter into a memorandum of   understanding required by Section 250.013(e), Local Government   Code, as added by this Act.          SECTION 4.  This Act takes effect September 1, 2025.