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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of family residential centers by the |
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Department of Family and Protective Services and the detention of |
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certain juveniles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0538 to read as follows: |
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Sec. 42.0538. FAMILY RESIDENTIAL CENTERS. (a) In this |
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section, "family residential center" means a facility that: |
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(1) is operated by or under a contract with United |
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States Immigration and Customs Enforcement to enforce federal |
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immigration laws; |
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(2) detains children with a parent or other adult |
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family member who remains with the child at the center or children |
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who are not accompanied by a parent or other adult family member; |
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and |
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(3) provides care for children for at least part of a |
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day. |
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(b) Except as provided by Subsection (c), the department |
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shall license a family residential center in the same manner as the |
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department licenses a general residential operation under this |
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chapter. |
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(c) The executive commissioner may exempt a family |
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residential center from any rule applicable to a general |
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residential operation as the executive commissioner determines |
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necessary to: |
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(1) allow members of a family to remain together in the |
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same living space; |
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(2) allow a child's parent or other adult family member |
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who is housed with the child to supervise and care for the child at |
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the family residential center; or |
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(3) operate the family residential center. |
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(d) The department's licensing and oversight of family |
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residential centers is consistent with the purposes of this |
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chapter. This section does not authorize this state to enforce |
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federal immigration law. |
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SECTION 2. Section 54.011, Family Code, is amended by |
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amending Subsection (f) and adding Subsection (g) to read as |
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follows: |
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(f) Except as provided by Subsections [Subsection] (a) and |
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(g), a nonoffender[, including a person who has been taken into
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custody and is being held solely for deportation out of the United
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States,] may not be detained for any period of time in a secure |
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detention facility or secure correctional facility, regardless of |
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whether the facility is publicly or privately operated. A |
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nonoffender who is detained in violation of this subsection is |
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entitled to immediate release from the facility and may bring a |
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civil action for compensation for the illegal detention against any |
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person responsible for the detention. A person commits an offense |
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if the person knowingly detains or assists in detaining a |
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nonoffender in a secure detention facility or secure correctional |
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facility in violation of this subsection. An offense under this |
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subsection is a Class B misdemeanor. |
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(g) Notwithstanding any other law, a status offender or |
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nonoffender who has been taken into custody may be held solely for |
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deportation out of the United States for any period of time in a |
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publicly or privately operated, licensed, nonsecure facility, |
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including a family residential center, as defined by Section |
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42.0538, Human Resources Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |