89th Legislature Regular Session

SB 2311

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 2311 amends Section 42.252(c) of the Texas Human Resources Code to establish more detailed requirements for the operational plans of general residential operations (GROs) licensed by the Health and Human Services Commission. These operations, which provide residential care for children, will be required to develop more comprehensive and structured plans across several key areas related to child welfare and community engagement.

Specifically, the bill mandates that GROs submit a community engagement plan outlining any interactions with local law enforcement, health, therapeutic, and recreational services, as well as detailing opportunities for children to interact socially within the local community. In addition, it requires an educational plan that specifies whether the GRO will use public, private, or charter schools; includes formal written agreements with educational institutions; and, where applicable, provides a statement from the local independent school district on the expected impact of the operation. If no such statement is provided, the operation must explain why and propose alternative educational options.

SB 2311 also requires GROs to develop a trauma-informed plan for addressing unauthorized absences and a suicide prevention and intervention plan that complies with existing statutory requirements (Section 42.0433). Finally, the bill adds a provision requiring the submission of background and compliance histories for individuals involved in the operation’s management and educational leadership, particularly where on-site charter schools are used.

The bill is intended to promote better transparency, safety, and coordination between residential child care providers and public systems while enhancing protections for children in care.

Author
Angela Paxton
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2311 would have no significant fiscal implications for the state. The analysis assumes that the Health and Human Services Commission (HHSC), the agency responsible for overseeing general residential operations (GROs), could implement the bill’s provisions using its existing resources.

Specifically, although SB 2311 imposes additional planning and documentation requirements on GROs—including detailed educational, community engagement, and safety plans—these responsibilities do not entail significant new state expenditures for oversight, enforcement, or support. HHSC would likely integrate the review of these enhanced operational plans into its existing licensing and monitoring processes without needing additional personnel or budgetary increases.

Similarly, the bill is expected to have no significant fiscal impact on local governments. While GROs may coordinate with local school districts and law enforcement, these entities are not required to deliver services beyond their existing mandates under the bill. The impact on local jurisdictions is therefore considered negligible in terms of additional workload or financial burden.

Vote Recommendation Notes

SB 2311 strengthens the licensing requirements for general residential operations (GROs), particularly those providing residential treatment for children with significant emotional or behavioral needs. By requiring more detailed operational planning—especially around education, community engagement, trauma-informed care, and suicide prevention—the bill aims to ensure that residential facilities are better prepared to meet the needs of vulnerable children before they begin operations. This includes formal written agreements with schools and documentation of how children will be transported, educated, and supported within the broader community.

From a liberty-oriented perspective, SB 2311 represents a responsible balance between public oversight and private operation. It does not grow the size of state government or impose any direct new costs on taxpayers, as confirmed by the Legislative Budget Board’s fiscal note. The additional requirements placed on private and nonprofit care providers are modest and targeted, aimed at raising the floor of safety and transparency without creating an unsustainable regulatory burden. These measures reflect a sound application of the principles of personal responsibility and individual liberty, protecting the rights and welfare of children who often have no voice in their placement or care.

While there are some concerns about increased compliance requirements, especially for smaller or faith-based providers, the nature of the services involved—residential care for at-risk children—justifies a higher standard of planning and coordination. By setting clear expectations for operational readiness and ensuring better integration with local education and safety systems, the bill enhances both child outcomes and community confidence in the system. These improvements serve the public interest and align with the principle of limited government by using existing resources and structures rather than expanding bureaucracy.

For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 2311. It supports improved care standards and accountability for children in residential settings while maintaining fiscal discipline and respecting the operational independence of providers.

  • Individual Liberty: The bill enhances protections for vulnerable children in residential care by requiring trauma-informed planning, suicide prevention protocols, and structured educational arrangements. These measures support the individual liberty of children by ensuring their safety, well-being, and access to basic rights like education and mental health support, particularly important for children who cannot advocate for themselves. Rather than restricting freedom, the bill seeks to protect the liberty of the most vulnerable individuals in state-regulated settings.
  • Personal Responsibility: The bill promotes responsible behavior among residential care providers by requiring them to plan and demonstrate readiness before serving children. By mandating written educational agreements and detailed operational components, it holds providers accountable for the care and services they promise to deliver. This aligns with the principle that those who serve the public, especially children, should act proactively and transparently in fulfilling their duties.
  • Free Enterprise: The bill does impose new regulatory requirements on private and nonprofit providers. For example, requiring formal written agreements with schools may be burdensome for smaller or rural facilities that struggle to secure those agreements. While it does not restrict competition directly, it could raise barriers to entry for providers with fewer administrative resources. This represents a modest tension with the principle of free enterprise, though it is arguably justified by the nature of the services involved.
  • Private Property Rights: The bill does not alter or infringe upon property rights directly. However, the operational burdens placed on licensees could indirectly influence how private organizations use their facilities, especially if regulatory requirements become too complex or costly to comply with. In this case, those concerns appear minimal and do not constitute a direct threat to property rights.
  • Limited Government: While the bill does expand the scope of regulation by specifying more detailed operational plan requirements, it does so without increasing the size of government or adding fiscal costs. The Health and Human Services Commission is expected to implement the bill using existing staff and resources. That said, the increased regulatory complexity should be monitored to ensure it doesn’t evolve into bureaucratic overreach or discourage smaller providers from participating in the system.
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