1. (a) A nonsecure correctional facility for juvenile offenders may be operated only by:

   1. (1) a governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code; or
   2. (2) a private entity under a contract with a governmental unit in this state.

2. (b) In each county, each judge of the juvenile court and a majority of the members of the juvenile board shall personally inspect, at least annually, all nonsecure correctional facilities that are located in the county and shall certify in writing to the authorities responsible for operating and giving financial support to the facilities and to the Texas Juvenile Justice Department that the facility or facilities are suitable or unsuitable for the confinement 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. (1) current monitoring and inspection reports and any noncompliance citation reports issued by the Texas Juvenile Justice Department, including the report provided under Subsection (c), and the status of any required corrective actions; and
   2. (2) the other factors described under Sections 51.12(c)(2)-(7).
3. (c) The Texas Juvenile Justice Department shall inspect each nonsecure correctional facility. The Texas Juvenile Justice Department 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 confinement of children in accordance with minimum professional standards for the confinement of children in nonsecure confinement promulgated by the Texas Juvenile Justice Department 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.

4. (d) A governmental unit or private entity that operates or contracts for the operation of a juvenile nonsecure correctional facility in this state under Subsection (a), except for a facility operated by or under contract with the Texas Juvenile Justice Department, shall:

   1. (1) register the facility annually with the Texas Juvenile Justice Department; and
   2. (2) adhere to all applicable minimum standards for the facility.

5. (e) The Texas Juvenile Justice Department may deny, suspend, or revoke the registration of any facility required to register under Subsection (d) if the facility fails to:

   1. (1) adhere to all applicable minimum standards for the facility; or
   2. (2) timely correct any notice of noncompliance with minimum standards.
6. (f) Expired.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.005, eff. June 19, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 2.001, eff. September 1, 2011.

Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 9, eff. September 1, 2023.