81R4333 KFF-D
By: Bonnen H.B. No. 2810
A BILL TO BE ENTITLED
AN ACT
relating to the Brazoria County juvenile board and juvenile
probation department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.0261, Human Resources Code, is
amended by adding Subsections (d), (e), (f), (g), (h), and (i) to
read as follows:
(d) A juvenile board shall employ a chief juvenile probation
officer for the juvenile probation department who meets the
standards set by the Texas Juvenile Probation Commission.
(e) Notwithstanding any other law, including Section
142.002, the chief juvenile probation officer, according to the
standards established by the Texas Juvenile Probation Commission
and the local need as determined by the juvenile board, shall employ
the juvenile probation department personnel necessary to provide
juvenile probation services as defined by Section 142.001. A
person employed as provided by this subsection is an employee of the
juvenile probation department and not of:
(1) the juvenile board; or
(2) a juvenile board member.
(f) Except for employing the chief juvenile probation
officer, the juvenile board or a juvenile board member may not make
any personnel decisions relating to the juvenile probation
department.
(g) The chief juvenile probation officer shall prepare a
budget for the juvenile probation department. The juvenile board
shall approve the budget and submit the budget to the commissioners
court for final approval in the same manner prescribed by law for
the other county agencies and departments. The responsibility of a
board member for budgetary decisions relating to the juvenile
probation department is limited to approving the department's
budget.
(h) The juvenile board shall prepare or approve reports that
the board is required by law to prepare or approve.
(i) In addition to the immunity from liability provided by
Section 152.0013, a juvenile board member has judicial immunity
from suit and liability arising from the following acts:
(1) an action taken under:
(A) this section;
(B) Title 3, Family Code, including monitoring a
child placed on probation or modifying the conditions of a child's
probation; or
(C) any other law that imposes a duty on the
juvenile board or a juvenile board member; and
(2) an act performed by, or the failure to act of, the
chief juvenile probation officer or an employee of the juvenile
probation department.
SECTION 2. Section 152.0261(i), Human Resources Code, as
added by this Act, applies to conduct occurring on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
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, 2009.