Bill Summary – FastDemocracy

   
      88(4) HB 97 - Introduced version - Bill Text
      
            88S40234 MZM-D
         
		By:  Kitzman
            H.B.  No.  97
         
               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
         
            Statutes affected: 
Introduced: Local Government Code 250.013 (Local Government Code 250)



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