Bill Text: TX SB2188 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the municipal or county regulation of residential detention facilities for immigrant or refugee children.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB2188 Detail]
Download: Texas-2021-SB2188-Enrolled.html
| S.B. No. 2188 | ||
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| 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 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. | ||
| (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: | ||
| (A) if the facility is located in a municipality, | ||
| to the governing body of the municipality; or | ||
| (B) if the facility is located in the | ||
| unincorporated area of a county, to 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 2188 passed the Senate on | ||
| April 20, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 27, 2021, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 2188 passed the House, with | ||
| amendment, on May 24, 2021, by the following vote: Yeas 142, | ||
| Nays 1, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
