Amend CSSB 103 (House committee printing) by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering the subsequent SECTIONS accordingly:
	SECTION ____.  Section 51.12, Family Code, is amended by  
adding Subsections (b-1), (c-1), and (m) and amending Subsections 
(c) and (i) to read as follows:
	(b-1)  A pre-adjudication secure detention facility may be 
operated only by:
		(1)  a governmental unit in this state as defined by 
Section 101.001, Civil Practice and Remedies Code; or
		(2)  a private entity under a contract with a 
governmental unit in this state.
	(c)  In each county, each judge of the juvenile court and a 
majority of the members of the juvenile board shall personally 
inspect all public or private [the] juvenile pre-adjudication 
secure detention facilities [and any public or private juvenile 
secure correctional facilities used for post-adjudication 
confinement] that are located in the county [and operated under 
authority of the juvenile board] at least annually and shall 
certify in writing to the authorities responsible for operating and 
giving financial support to the facilities and to the Texas 
Juvenile Probation Commission that the facilities [they] are 
suitable or unsuitable for the detention of children. In 
determining whether a facility is suitable or unsuitable for the 
detention of children, the juvenile court judges and juvenile board 
members shall consider:
		(1)  current monitoring and inspection reports and any 
noncompliance citation reports issued by the Texas Juvenile 
Probation Commission, including the report provided under 
Subsection (c-1), and the status of any required corrective 
actions;
		(2)  current governmental inspector certification 
regarding the facility's compliance with local fire codes;
		(3)  current building inspector certification 
regarding the facility's compliance with local building codes;
		(4)  for the 12-month period preceding the inspection, 
the total number of allegations of abuse, neglect, or exploitation 
reported by the facility and a summary of the findings of any 
investigations of abuse, neglect, or exploitation conducted by the 
facility, a local law enforcement agency, and the Texas Juvenile 
Probation Commission;
		(5)  the availability of health and mental health 
services provided to facility residents;
		(6)  the availability of educational services provided 
to facility residents; and
		(7)  the overall physical appearance of the facility, 
including the facility's security, maintenance, cleanliness, and 
environment.
	(c-1)  The Texas Juvenile Probation Commission shall 
annually inspect each public or private juvenile pre-adjudication 
secure detention facility.  The Texas Juvenile Probation Commission 
shall provide a report to each juvenile court judge presiding in the 
same county as an inspected facility indicating whether the 
facility is suitable or unsuitable for the detention of children in 
accordance with:
		(1)  the requirements of Subsections (a), (f), and (g);  
and                
		(2)  minimum professional standards for the detention 
of children in pre-adjudication [or post-adjudication] secure 
confinement promulgated by the Texas Juvenile Probation Commission 
or, at the election of the juvenile board of the county in which the 
facility is located, the current standards promulgated by the 
American Correctional Association.
				(i)  Except for [a facility operated or 
certified by the Texas Youth Commission or] a facility as provided 
by Subsection (l), a governmental unit or private entity that 
operates or contracts for the operation of a juvenile 
pre-adjudication secure detention facility under Subsection (b-1)
[or a juvenile post-adjudication secure correctional facility] in 
this state shall:
		(1)  register the facility annually with the Texas 
Juvenile Probation Commission;  and
		(2)  adhere to all applicable minimum standards for the 
facility.           
	(m)  The Texas Juvenile Probation Commission may deny, 
suspend, or revoke the registration of any facility required to 
register under Subsection (i) if the facility fails to:
		(1)  adhere to all applicable minimum standards for the 
facility; or 
		(2)  timely correct any notice of noncompliance with 
minimum standards.
	SECTION ____.  Chapter 51, Family Code, is amended by adding 
Section 51.125 to read as follows:
	Sec. 51.125.  POST-ADJUDICATION CORRECTIONAL FACILITIES.  
(a)  A post-adjudication secure correctional facility for juvenile 
offenders may be operated only by:
		(1)  a governmental unit in this state as defined by 
Section 101.001, Civil Practice and Remedies Code; or
		(2)  a private entity under a contract with a 
governmental unit in this state.
	(b)  In each county, each judge of the juvenile court and a 
majority of the members of the juvenile board shall personally 
inspect all public or private juvenile post-adjudication secure 
correctional facilities that are not operated by the Texas Youth 
Commission and that are located in the county at least annually and 
shall certify in writing to the authorities responsible for 
operating and giving financial support to the facilities and to the 
Texas Juvenile Probation Commission that the facility or facilities 
are suitable or unsuitable for the detention of children. In 
determining whether a facility is suitable or unsuitable for the 
confinement of children, the juvenile court judges and juvenile 
board members shall consider:
		(1)  current monitoring and inspection reports and any 
noncompliance citation reports issued by the Texas Juvenile 
Probation Commission, including the report provided under 
Subsection (c), and the status of any required corrective actions; 
and
		(2)  the other factors described under Sections 
51.12(c)(2)-(7).     
	(c)  The Texas Juvenile Probation Commission shall annually 
inspect each public or private juvenile post-adjudication secure 
correctional facility that is not operated by the Texas Youth 
Commission.  The Texas Juvenile Probation Commission shall provide 
a report to each juvenile court judge presiding in the same county 
as an inspected facility indicating whether the facility is 
suitable or unsuitable for the detention of children in accordance 
with minimum professional standards for the detention of children 
in post-adjudication secure confinement promulgated by the Texas 
Juvenile Probation Commission or, at the election of the juvenile 
board of the county in which the facility is located, the current 
standards promulgated by the American Correctional Association.
	(d)  A governmental unit or private entity that operates or 
contracts for the operation of a juvenile post-adjudication secure 
correctional facility in this state under Subsection (a), except 
for a facility operated by or under contract with the Texas Youth 
Commission, shall:
		(1)  register the facility annually with the Texas 
Juvenile Probation Commission;  and
		(2)  adhere to all applicable minimum standards for the 
facility.    
	(e)  The Texas Juvenile Probation Commission may deny, 
suspend, or revoke the registration of any facility required to 
register under Subsection (d) if the facility fails to:
		(1)  adhere to all applicable minimum standards for the 
facility; or 
		(2)  timely correct any notice of noncompliance with 
minimum standards.
	SECTION ____.  Section 42.041(b), Human Resources Code, is 
amended to read as follows:
	(b)  This section does not apply to:                                           
		(1)  a state-operated facility;                                               
		(2)  an agency foster home or agency foster group home;                       
		(3)  a facility that is operated in connection with a 
shopping center, business, religious organization, or 
establishment where children are cared for during short periods 
while parents or persons responsible for the children are attending 
religious services, shopping, or engaging in other activities on or 
near the premises, including but not limited to retreats or classes 
for religious instruction;
		(4)  a school or class for religious instruction that 
does not last longer than two weeks and is conducted by a religious 
organization during the summer months;
		(5)  a youth camp licensed by the Department of State 
Health Services [Texas Department of Health];
		(6)  a facility licensed, operated, certified, or 
registered by another state agency;
		(7)  an educational facility accredited by the Texas 
Education Agency or the Southern Association of Colleges and 
Schools that operates primarily for educational purposes in grades 
kindergarten and above, an after-school program operated directly 
by an accredited educational facility, or an after-school program 
operated by another entity under contract with the educational 
facility, if the Texas Education Agency or Southern Association of 
Colleges and Schools has approved the curriculum content of the 
after-school program operated under the contract;
		(8)  an educational facility that operates solely for 
educational purposes in grades kindergarten through at least grade 
two, that does not provide custodial care for more than one hour 
during the hours before or after the customary school day, and that 
is a member of an organization that promulgates, publishes, and 
requires compliance with health, safety, fire, and sanitation 
standards equal to standards required by state, municipal, and 
county codes;
		(9)  a kindergarten or preschool educational program 
that is operated as part of a public school or a private school 
accredited by the Texas Education Agency, that offers educational 
programs through grade six, and that does not provide custodial 
care during the hours before or after the customary school day;
		(10)  a family home, whether registered or listed;                            
		(11)  an educational facility that is integral to and 
inseparable from its sponsoring religious organization or an 
educational facility both of which do not provide custodial care 
for more than two hours maximum per day, and that offers educational 
programs for children age five and above in one or more of the 
following:  kindergarten through at least grade three, elementary, 
or secondary grades;
		(12)  an emergency shelter facility providing shelter 
to minor mothers who are the sole support of their natural children 
under Section 32.201, Family Code, unless the facility would 
otherwise require a license as a child-care facility under this 
section;
		(13)  a juvenile detention facility certified under 
Section 51.12, Family Code, a juvenile correctional facility 
certified under Section 51.125, Family Code, [or Section 
141.042(d),] a juvenile facility providing services solely for the 
Texas Youth Commission, or any other correctional facility for 
children operated or regulated by another state agency or by a 
political subdivision of the state;
		(14)  an elementary-age (ages 5-13) recreation program 
operated by a municipality provided the governing body of the 
municipality annually adopts standards of care by ordinance after a 
public hearing for such programs, that such standards are provided 
to the parents of each program participant, and that the ordinances 
shall include, at a minimum, staffing ratios, minimum staff 
qualifications, minimum facility, health, and safety standards, 
and mechanisms for monitoring and enforcing the adopted local 
standards; and further provided that parents be informed that the 
program is not licensed by the state and the program may not be 
advertised as a child-care facility; or
		(15)  an annual youth camp held in a municipality with a 
population of more than 1.5 million that operates for not more than 
three months and that has been operated for at least 10 years by a 
nonprofit organization that provides care for the homeless.
	SECTION ____.  Section 42.052(h), Human Resources Code, is 
amended to read as follows:
	(h)  The certification requirements of this section do not 
apply to a juvenile detention facility certified under Section 
51.12, Family Code, or a juvenile correctional facility certified 
under Section 51.125, Family Code [or Section 141.042(d)].
	SECTION ____.  Section 141.042(d), Human Resources Code, is 
repealed.