House Bill No. 3120 aims to enhance the regulatory framework for residential child detention facilities in Texas by introducing new requirements for the owners or operators of these facilities. The bill adds Section 411.14103 to the Government Code, which allows facility owners to access criminal history record information for individuals applying for employment or currently employed at the facility, as well as for consultants, contractors, interns, or volunteers. This information can only be used for evaluating applicants and must be destroyed after a specified period. Additionally, the bill mandates that the owner or operator cannot disclose this information without a court order or consent from the individual involved.

Furthermore, the bill amends Section 250.013 of the Local Government Code to require residential child detention facilities to enter into a memorandum of understanding with local governing bodies. This memorandum must outline the facility's obligations, including reporting illnesses, providing safety and education plans, and conducting regular inspections. It also stipulates that if a facility receives state funding, it must conduct criminal history background checks on personnel. Failure to comply with this requirement will result in ineligibility for state funding until an audit is conducted. The bill is set to take effect on September 1, 2025, with a deadline for facilities to enter into the required memorandum by December 1, 2025.

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