HB 3120

H.B. No. 3120
  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; and
                     (C)  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 and all significant 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 owner's,
  operator's, or 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 December 1, 2025, 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 September 1, 2025.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I certify that H.B. No. 3120 was passed by the House on May 6,
  2025, by the following vote:  Yeas 143, Nays 2, 1 present, not
  voting.
  ______________________________
  Chief Clerk of the House   
         I certify that H.B. No. 3120 was passed by the Senate on May
  25, 2025, by the following vote:  Yeas 31, Nays 0.
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
            _____________________
                   Governor