H.B. No. 3120 introduces new regulations for the owners or operators of residential child detention facilities in Texas. It adds Section 411.14103 to the Government Code, which allows these facilities to access criminal history record information for individuals applying for employment or currently employed, as well as for consultants, contractors, interns, or volunteers. The bill stipulates that this information can only be used for evaluating applicants and must be destroyed after a specified period. Additionally, it prohibits the release of this information without a court order or consent from the individual involved.
The bill also amends Section 250.013 of the Local Government Code, clarifying the definition of "owner or operator" to include both for-profit and nonprofit organizations. It mandates that these facilities enter into a memorandum of understanding with local governing bodies, which includes requirements for reporting illnesses, providing safety inspection reports, and conducting criminal history background checks for personnel if a certain percentage of their funding comes from the state. Failure to conduct these checks will result in ineligibility for state funding until an audit is completed. The act is set to take effect on September 1, 2025, with a deadline for compliance by December 1, 2025.
Statutes affected: Introduced: Local Government Code 250.013 (Local Government Code 250)
House Committee Report: Local Government Code 250.013 (Local Government Code 250)
Engrossed: Local Government Code 250.013 (Local Government Code 250)
Senate Committee Report: Local Government Code 250.013 (Local Government Code 250)
Enrolled: Local Government Code 250.013 (Local Government Code 250)