Bill Text: TX HB162 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to certain duties of the owner or operator of a residential child detention facility.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-10-16 - Filed [HB162 Detail]
Download: Texas-2023-HB162-Introduced.html
| 88S30564 SCL-F | ||
| By: Kitzman | H.B. No. 162 | |
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| 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 adding Subsections (e) and (f) to read as follows: | ||
| (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: | ||
| (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. | ||
| (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 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 May 1, 2024, 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 on the 91st day after the | ||
| last day of the legislative session. | ||
