H.B. No. 3120 amends the Government Code and Local Government Code to establish new requirements for the owners or operators of residential child detention facilities in Texas. A new section, 411.14103, is added to the Government Code, allowing these facilities to access criminal history record information for individuals applying for employment or serving in various roles, such as consultants or volunteers. The bill stipulates that 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.

The bill also modifies Section 250.013 of the Local Government Code, clarifying the definition of "owner or operator" to include both for-profit and nonprofit organizations. It requires these facilities to enter into a memorandum of understanding with local governing bodies, detailing their responsibilities, including reporting illnesses, providing safety plans, 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)