By: Johnson S.B. No. 2992               A BILL TO BE ENTITLED   AN ACT   relating to the operations of the Texas military forces at the   Texas-Mexico border; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 437, Government Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. BORDER OPERATIONS          Sec. 437.501.  DEFINITIONS.  In this subchapter:                (1)  "Detainee" means a person not lawfully present in   the United States who is housed at a detention facility.                (2)  "Detention facility" means a facility, including a   temporary facility, the department operates or contracts with   another person to operate for the detention of persons not lawfully   present in the United States.          Sec. 437.502.  STANDARDS FOR IMMIGRATION DETENTION   FACILITY.  (a) The department shall ensure a detention facility:                (1)  provides each detainee with access to:                      (A)  clean water, functional and sanitary   restroom facilities, and showers at all times;                      (B)  medical professionals, including advanced   practice registered nurses and physicians, if the detainee is   experiencing illness or a medical emergency; and                      (C)  necessary vaccinations and medical   screenings on the detainee's intake in the facility;                (2)  provides at no cost to each detainee personal   hygiene products, including soap, toothpaste, toothbrush,   menstrual hygiene products, and other necessary items;                (3)  maintains:                      (A)  proper ventilation and climate control to   prevent overcrowding-related health risks for detainees; and                      (B)  sufficient medical supplies, including first   aid kits, disinfectants, and medications for common illnesses;                (4)  provides daily cleaning of detainee living spaces,   including bedding and shared areas; and                (5)  conducts regular inspections to monitor pest   control and food safety to prevent health hazards.          (b)  Any contract the department executes for the operation   of a detention facility must include a provision requiring the   facility to comply with the standards described by Subsection (a)   and must be reported to the legislature.          (c)  If a detention facility is found in violation of this   section, the attorney general may bring an action on behalf of this   state to enjoin the detention facility from operating in violation   of this section.          (d)  In addition to seeking an injunction under Subsection   (c), the attorney general may request and the court may order the   imposition of a civil penalty in an amount not to exceed $50,000 for   each day a facility operating under a contract with the department   is in violation of this section.          (e)  If the department determines a detention facility   operating under a contract with the department is in violation of   this section:                (1)  the department may terminate the contract without   further obligation to the facility operator; and                (2)  using procedures prescribed under Section   2155.077, the comptroller may bar the contractor from participating   in state contracts.          (f)  The director of state administration shall adopt the   rules necessary to implement this section.          Sec. 437.503.  INSPECTION OF DETENTION FACILITIES.  (a) The   Health and Human Services Commission shall conduct quarterly   inspections of detention facilities to ensure compliance with this   subchapter.          (b)  The Health and Human Services Commission shall:                (1)  produce a quarterly inspection report;                (2)  provide the report to the legislature; and                (3)  publish the report on the commission's Internet   website.          (c)  The executive commissioner of the Health and Human   Services Commission may adopt the rules necessary to implement this   section.          Sec. 437.504.  WHISTLEBLOWER PROTECTION. (a) The department   shall establish a whistleblower protection program to allow   employees and detainees of a detention facility operating under   this subchapter to report, in good faith, any unsanitary or unsafe   conditions, violations of the standards set forth in Section   437.502, or unlawful conduct without the fear of retaliation.           (b)  Any report made under this section shall be submitted to   the Health and Human Services Commission, the Texas Military   Department, or any other entity designated by the state for   oversight and enforcement.  Reports may be submitted confidentially   and anonymously.           (c)  A detention facility, its operators, contractors, or   employees may not take adverse action, including termination,   demotion, harassment, or any form of retaliation, against an   individual who in good faith reports a violation under this   section.          (d)  The attorney general may bring an action to seek   injunctive relief and civil penalties against any facility or   operator found to have retaliated against a whistleblower in   violation of this section.           (e)  The director of state administration shall adopt the   rules necessary to implement this section, including procedures for   receiving and investigating reports of violations.          SECTION 2.  (a) As soon as practicable after the effective   date of this Act, the director of state administration for the Texas   Military Department shall adopt the rules necessary to implement   Section 437.502, Government Code, as added by this Act.          (b)  As soon as practicable after the effective date of this   Act, the executive commissioner of the Health and Human Services   Commission shall adopt the rules necessary to implement Section   437.503, Government Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.