85R5960 MCK-F     By: Hughes, Perry S.B. No. 1018       A BILL TO BE ENTITLED   AN ACT   relating to the licensing of family residential centers by the   Department of Family and Protective Services and the detention of   certain juveniles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0538 to read as follows:          Sec. 42.0538.  FAMILY RESIDENTIAL CENTERS. (a) In this   section, "family residential center" means a facility that:                (1)  is operated by or under a contract with United   States Immigration and Customs Enforcement to enforce federal   immigration laws;                (2)  detains children with a parent or other adult   family member who remains with the child at the center or children   who are not accompanied by a parent or other adult family member;   and                (3)  provides care for children for at least part of a   day.           (b)  Except as provided by Subsection (c), the department   shall license a family residential center in the same manner as the   department licenses a general residential operation under this   chapter.          (c)  The executive commissioner may exempt a family   residential center from any rule applicable to a general   residential operation as the executive commissioner determines   necessary to:                 (1)  allow members of a family to remain together in the   same living space;                (2)  allow a child's parent or other adult family member   who is housed with the child to supervise and care for the child at   the family residential center; or                (3)  operate the family residential center.          (d)  The department's licensing and oversight of family   residential centers is consistent with the purposes of this   chapter. This section does not authorize this state to enforce   federal immigration law.          SECTION 2.  Section 54.011, Family Code, is amended by   amending Subsection (f) and adding Subsection (g) to read as   follows:          (f)  Except as provided by Subsections [Subsection] (a) and   (g), a nonoffender[, including a person who has been taken into   custody and is being held solely for deportation out of the United   States,] may not be detained for any period of time in a secure   detention facility or secure correctional facility, regardless of   whether the facility is publicly or privately operated. A   nonoffender who is detained in violation of this subsection is   entitled to immediate release from the facility and may bring a   civil action for compensation for the illegal detention against any   person responsible for the detention. A person commits an offense   if the person knowingly detains or assists in detaining a   nonoffender in a secure detention facility or secure correctional   facility in violation of this subsection. An offense under this   subsection is a Class B misdemeanor.          (g)  Notwithstanding any other law, a status offender or   nonoffender who has been taken into custody may be held solely for   deportation out of the United States for any period of time in a   publicly or privately operated, licensed, nonsecure facility,   including a family residential center, as defined by Section   42.0538, Human Resources Code.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.