Texas 2009 - 81st Regular

Texas House Bill HB2810 Compare Versions

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1	1	81R4333 KFF-D
2	2	By: Bonnen H.B. No. 2810
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Brazoria County juvenile board and juvenile
8	8	probation department.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 152.0261, Human Resources Code, is
11	11	amended by adding Subsections (d), (e), (f), (g), (h), and (i) to
12	12	read as follows:
13	13	(d) A juvenile board shall employ a chief juvenile probation
14	14	officer for the juvenile probation department who meets the
15	15	standards set by the Texas Juvenile Probation Commission.
16	16	(e) Notwithstanding any other law, including Section
17	17	142.002, the chief juvenile probation officer, according to the
18	18	standards established by the Texas Juvenile Probation Commission
19	19	and the local need as determined by the juvenile board, shall employ
20	20	the juvenile probation department personnel necessary to provide
21	21	juvenile probation services as defined by Section 142.001. A
22	22	person employed as provided by this subsection is an employee of the
23	23	juvenile probation department and not of:
24	24	(1) the juvenile board; or
25	25	(2) a juvenile board member.
26	26	(f) Except for employing the chief juvenile probation
27	27	officer, the juvenile board or a juvenile board member may not make
28	28	any personnel decisions relating to the juvenile probation
29	29	department.
30	30	(g) The chief juvenile probation officer shall prepare a
31	31	budget for the juvenile probation department. The juvenile board
32	32	shall approve the budget and submit the budget to the commissioners
33	33	court for final approval in the same manner prescribed by law for
34	34	the other county agencies and departments. The responsibility of a
35	35	board member for budgetary decisions relating to the juvenile
36	36	probation department is limited to approving the department's
37	37	budget.
38	38	(h) The juvenile board shall prepare or approve reports that
39	39	the board is required by law to prepare or approve.
40	40	(i) In addition to the immunity from liability provided by
41	41	Section 152.0013, a juvenile board member has judicial immunity
42	42	from suit and liability arising from the following acts:
43	43	(1) an action taken under:
44	44	(A) this section;
45	45	(B) Title 3, Family Code, including monitoring a
46	46	child placed on probation or modifying the conditions of a child's
47	47	probation; or
48	48	(C) any other law that imposes a duty on the
49	49	juvenile board or a juvenile board member; and
50	50	(2) an act performed by, or the failure to act of, the
51	51	chief juvenile probation officer or an employee of the juvenile
52	52	probation department.
53	53	SECTION 2. Section 152.0261(i), Human Resources Code, as
54	54	added by this Act, applies to conduct occurring on or after the
55	55	effective date of this Act. Conduct that occurs before the
56	56	effective date of this Act is governed by the law as it existed
57	57	immediately before the effective date of this Act, and that law is
58	58	continued in effect for that purpose.
59	59	SECTION 3. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2009.