88S30564 SCL-F
	By: Kitzman	H.B. No. 162

	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 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.

Statutes affected:
Introduced: Local Government Code 250.013 (Local Government Code 250)