H.B. No. 3689
AN ACT
relating to the functions and continuation of the Texas Youth
Commission and the Texas Juvenile Probation Commission and to the
functions of the Office of Independent Ombudsman for the Texas
Youth Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS YOUTH COMMISSION
SECTION 1.001. The heading to Chapter 61, Human Resources
Code, is amended to read as follows:
CHAPTER 61. TEXAS YOUTH COMMISSION [COUNCIL]
SECTION 1.002. Section 61.001, Human Resources Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Board" means the board of the commission
appointed under Section 61.024.
SECTION 1.003. Section 61.020, Human Resources Code, is
amended to read as follows:
Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth
Commission is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished and this chapter expires September 1,
2011 [2009].
(b) In the review of the Texas Youth Commission by the
Sunset Advisory Commission, as required by this section, the sunset
commission shall focus its review on:
(1) the commission's compliance with Chapter 263 (S.B.
103), Acts of the 80th Legislature, Regular Session, 2007;
(2) requirements placed on the agency by legislation
enacted by the 81st Legislature, Regular Session, 2009, that
becomes law, including implementation of programs for the diversion
of youth from the commission; and
(3) initiatives of the commission and the Texas
Juvenile Probation Commission in coordinating activities and
services to better integrate Texas Youth Commission, Texas Juvenile
Probation Commission, and county juvenile justice functions,
including joint strategic planning, the sharing of youth data
across youth-serving agencies, assessments and classification of
youth, and collection of data on probation outcomes.
(c) In its report to the 82nd Legislature, the sunset
commission may include any recommendations it considers
appropriate. This subsection and Subsection (b) expire September
1, 2011.
SECTION 1.004. Section 61.024(a), Human Resources Code, is
amended to read as follows:
(a) Notwithstanding any other provision of this chapter,
effective September 1, 2009, the commission is governed by a board
that consists of seven members appointed by the governor with the
advice and consent of the senate. Appointments to the board shall
be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees. The governor
shall designate a member of the board as the presiding officer of
the board to serve in that capacity at the pleasure of the governor.
SECTION 1.005. Subchapter B, Chapter 61, Human Resources
Code, is amended by adding Sections 61.025 through 61.029 to read as
follows:
Sec. 61.025. RESTRICTIONS ON BOARD MEMBERSHIP AND
EMPLOYMENT. (a) A person may not be a member of the board or
employed by the board as the executive director if the person or the
person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of criminal or juvenile justice;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the commission;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the commission;
or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the commission, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
(b) A person may not be a board member and may not be a
commission employee who is employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice.
(c) A person may not be a member of the board or act as the
general counsel to the board or the commission if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the commission.
(d) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
Sec. 61.026. REMOVAL OF BOARD MEMBERS. (a) It is a ground
for removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 61.024(b);
(2) does not maintain during service on the board the
qualifications required by Section 61.024(b);
(3) is ineligible for membership under Section 61.025;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 61.027. TRAINING FOR BOARD MEMBERS. (a) A person who
is appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the board until the person completes a training program
that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs, functions, rules, and budget of the
commission;
(3) the results of the most recent formal audit of the
commission;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(5) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 61.028. USE OF TECHNOLOGY. The board shall implement a
policy requiring the commission to use appropriate technological
solutions to improve the commission's ability to perform its
functions. The policy must ensure that the public is able to
interact with the commission on the Internet.
Sec. 61.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
SECTION 1.006. Section 61.0352, Human Resources Code, is
amended to read as follows:
Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board
[executive commissioner] shall develop and implement policies that
clearly separate the policymaking responsibilities of the board
[executive commissioner] and the management responsibilities of
the staff of the commission.
SECTION 1.007. Section 61.0422, Human Resources Code, is
amended to read as follows:
Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
commission shall maintain a system to promptly and efficiently act
on a [keep a file about each written] complaint filed with the
commission by a person, other than a child receiving services from
the commission or the child's parent or guardian, that the
commission has authority to resolve. The commission shall maintain
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and the disposition of the
complaint.
(b) The commission shall make information available
describing the commission's [provide to the person filing the
complaint and the persons or entities complained about the
commission's policies and] procedures for [pertaining to]
complaint investigation and resolution.
(c) The commission[, at least quarterly and until final
disposition of the complaint,] shall periodically notify the
[person filing the] complaint parties [and the persons or entities
complained about] of the status of the complaint until final
disposition, unless the notice would jeopardize an undercover
investigation.
(d) [(b) The commission shall keep information about each
file required by Subsection (a). The information must include:
[(1) the date the complaint is received;
[(2) the name of the complainant;
[(3) the subject matter of the complaint;
[(4) a record of all persons contacted in relation to
the complaint;
[(5) a summary of the results of the review or
investigation of the complaint; and
[(6) for complaints for which the commission took no
action, an explanation of the reason the complaint was closed
without action.
[(c)] The commission shall keep information about each
written complaint filed with the commission by a child receiving
services from the commission or the child's parent or guardian. The
information must include:
(1) the subject matter of the complaint;
(2) a summary of the results of the review or
investigation of the complaint; and
(3) the period of time between the date the complaint
is received and the date the complaint is closed.
SECTION 1.008. Section 61.0423, Human Resources Code, is
amended to read as follows:
Sec. 61.0423. PUBLIC HEARINGS. (a) The board [executive
commissioner] shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the board
[executive commissioner or the executive commissioner's designee]
and to speak on any issue under the jurisdiction of the commission.
(b) The board [executive commissioner] shall ensure that
the location of public hearings held in accordance with this
section is rotated between municipalities in which a commission
facility is located or that are in proximity to a commission
facility.
SECTION 1.009. Sections 61.0451(a) and (i), Human Resources
Code, are amended to read as follows:
(a) The office of inspector general is established at the
commission for the purpose of investigating:
(1) crimes committed by commission employees,
including parole officers employed by or under a contract with the
commission; and
(2) crimes and delinquent conduct committed at a
facility operated by the commission, [or at] a residential facility
operated by another entity under a contract with the commission, or
any facility in which a child committed to the custody of the
commission is housed or receives medical or mental health
treatment.
(i) The office of inspector general shall immediately
report to the executive director [commissioner], the [advisory]
board, the governor's general counsel, and the state auditor:
(1) any particularly serious or flagrant problem
concerning the administration of a commission program or operation;
or
(2) any interference by the executive director,
[commissioner or] an employee of the commission, a facility
described by Subsection (a)(2), or an officer or employee of a
facility described by Subsection (a)(2) with an investigation
conducted by the office.
SECTION 1.010. Subchapter D, Chapter 61, Human Resources
Code, is amended by adding Section 61.067 to read as follows:
Sec. 61.067. INFORMATION PROVIDED TO COMMITTING COURT. (a)
If a court that commits a child to the commission requests, in the
commitment order, that the commission keep the court informed of
the progress the child is making while committed to the commission,
the commission shall provide the court with periodic updates on the
child's progress.
(b) A report provided under Subsection (a) may include any
information the commission determines to be relevant in evaluating
the child's progress, including, as applicable, information
concerning the child's treatment, education, and health.
(c) A report provided under this section may not include
information that is protected from disclosure under state or
federal law.
SECTION 1.011. Subchapter F, Chapter 61, Human Resources
Code, is amended by adding Section 61.08131 to read as follows:
Sec. 61.08131. COMPREHENSIVE REENTRY AND REINTEGRATION
PLAN FOR CHILDREN; STUDY AND REPORT. (a) The commission shall
develop a comprehensive plan to reduce recidivism and ensure the
successful reentry and reintegration of children into the community
following a child's release under supervision or final discharge,
as applicable, from the commission.
(b) The comprehensive reentry and reintegration plan
developed under this section must provide for:
(1) an assessment of each child committed to the
commission to determine which skills the child needs to develop to
be successful in the community following release under supervision
or final discharge;
(2) programs that address the assessed needs of each
child;
(3) a comprehensive network of transition programs to
address the needs of children released under supervision or finally
discharged from the commission;
(4) the identification of providers of existing local
programs and transitional services with whom the commission may
contract under this section to implement the reentry and
reintegration plan; and
(5) subject to Subsection (c), the sharing of
information between local coordinators, persons with whom the
commission contracts under this section, and other providers of
services as necessary to adequately assess and address the needs of
each child.
(c) A child's personal health information may be disclosed
under Subsection (b)(5) only in the manner authorized by Section
61.0731 or other state or federal law, provided that the disclosure
does not violate the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191).
(d) The programs provided under Subsections (b)(2) and (3)
must:
(1) be implemented by highly skilled staff who are
experienced in working with reentry and reintegration programs for
children;
(2) provide children with:
(A) individualized case management and a full
continuum of care;
(B) life-skills training, including information
about budgeting, money management, nutrition, and exercise;
(C) education and, if a child has a learning
disability, special education;
(D) employment training;
(E) appropriate treatment programs, including
substance abuse and mental health treatment programs; and
(F) parenting and relationship-building classes;
and
(3) be designed to build for children post-release and
post-discharge support from the community into which the child is
released under supervision or finally discharged, including
support from agencies and organizations within that community.
(e) The commission may contract and coordinate with private
vendors, units of local government, or other entities to implement
the comprehensive reentry and reintegration plan developed under
this section, including contracting to:
(1) coordinate the supervision and services provided
to children during the time children are in the custody of the
commission with any supervision or services provided children who
have been released under supervision or finally discharged from the
commission;
(2) provide children awaiting release under
supervision or final discharge with documents that are necessary
after release or discharge, including identification papers,
medical prescriptions, job training certificates, and referrals to
services; and
(3) provide housing and structured programs,
including programs for recovering substance abusers, through which
children are provided services immediately following release under
supervision or final discharge.
(f) To ensure accountability, any contract entered into
under this section must contain specific performance measures that
the commission shall use to evaluate compliance with the terms of
the contract.
(g) The commission shall ensure that each reentry and
reintegration plan developed for a child under Section 61.0814 is
coordinated with the comprehensive reentry and reintegration plan
developed under this section.
(h) The commission shall conduct and coordinate research to
determine whether the comprehensive reentry and reintegration plan
developed under this section reduces recidivism rates.
(i) Not later than December 1 of each even-numbered year,
the commission shall deliver a report of the results of research
conducted or coordinated under Subsection (h) to the lieutenant
governor, the speaker of the house of representatives, and the
standing committees of each house of the legislature with primary
jurisdiction over juvenile justice and corrections.
SECTION 1.012. Subchapter F, Chapter 61, Human Resources
Code, is amended by adding Section 61.08141 to read as follows:
Sec. 61.08141. INFORMATION PROVIDED TO COURT BEFORE
RELEASE. (a) In addition to providing the court with notice of
release of a child under Section 61.081(e), as soon as possible but
not later than the 30th day before the date the commission releases
the child, the commission shall provide the court that committed
the child to the commission:
(1) a copy of the child's reentry and reintegration
plan developed under Section 61.0814; and
(2) a report concerning the progress the child has
made while committed to the commission.
(b) If, on release, the commission places a child in a
county other than the county served by the court that committed the
child to the commission, the commission shall provide the
information described by Subsection (a) to both the committing
court and the juvenile court in the county where the child is placed
after release.
(c) If, on release, a child's residence is located in
another state, the commission shall provide the information
described by Subsection (a) to both the committing court and a
juvenile court of the other state that has jurisdiction over the
area in which the child's residence is located.
SECTION 1.013. Section 61.0911, Human Resources Code, is
amended to read as follows:
Sec. 61.0911. COORDINATED STRATEGIC PLAN. The Texas Youth
Commission shall biennially develop with the Texas Juvenile
Probation Commission a coordinated strategic plan in the manner
described by Sections [as required by Section] 141.0471 and
141.0472.
SECTION 1.014. Section 61.098(b), Human Resources Code, is
amended to read as follows:
(b) As appropriate, the district attorney, criminal
district attorney, or county attorney representing the state in
criminal matters before the district or inferior courts of the
county who would otherwise represent the state in the prosecution
of an offense or delinquent conduct concerning the commission and
described by Article 104.003(a), Code of Criminal Procedure, may
request that the special prosecution unit prosecute, or assist in
the prosecution of, the offense or delinquent conduct.
ARTICLE 2. OFFICE OF INDEPENDENT OMBUDSMAN FOR THE TEXAS YOUTH
COMMISSION
SECTION 2.001. Section 64.054, Human Resources Code, is
amended to read as follows:
Sec. 64.054. SUNSET PROVISION. (a) The office is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), but is not abolished under that chapter. The office shall be
reviewed during the periods in which the Texas Youth Commission is
[state agencies abolished in 2009 and every 12th year after 2009
are] reviewed.
(b) Notwithstanding Subsection (a), the Sunset Advisory
Commission shall focus its review of the office on compliance with
requirements placed on the office by legislation enacted by the
81st Legislature, Regular Session, 2009, that becomes law. This
subsection expires September 1, 2011.
SECTION 2.002. Section 64.058, Human Resources Code, is
amended to read as follows:
Sec. 64.058. RULEMAKING AUTHORITY. (a) The office by
rule shall establish policies and procedures for the operations of
the office of independent ombudsman.
(b) The office and the commission shall adopt rules
necessary to implement Section 64.060, including rules that
establish procedures for the commission to review and comment on
reports of the office and for the commission to expedite or
eliminate review of and comment on a report due to an emergency or a
serious or flagrant circumstance described by Section 64.055(b).
SECTION 2.003. Subchapter B, Chapter 64, Human Resources
Code, is amended by adding Sections 64.060 and 64.061 to read as
follows:
Sec. 64.060. REVIEW AND FORMAT OF REPORTS. (a) The office
shall accept, both before and after publication, comments from the
commission concerning the following types of reports published by
the office under this chapter:
(1) the office's quarterly report under Section
64.055(a);
(2) reports concerning serious or flagrant
circumstances under Section 64.055(b); and
(3) any other formal reports containing findings and
making recommendations concerning systemic issues that affect the
commission.
(b) The commission may not submit comments under Subsection
(a) after the 30th day after the date the report on which the
commission is commenting is published.
(c) The office shall ensure that reports described by
Subsection (a) are in a format to which the commission can easily
respond.
(d) After receipt of comments under this section, the office
is not obligated to change any report or change the manner in which
the office performs the duties of the office.
Sec. 64.061. COMPLAINTS. (a) The office shall maintain a
system to promptly and efficiently act on complaints filed with the
office that relate to the operations or staff of the office. The
office shall maintain information about parties to the complaint,
the subject matter of the complaint, a summary of the results of the
review or investigation of the complaint, and the disposition of
the complaint.
(b) The office shall make information available describing
its procedures for complaint investigation and resolution.
(c) The office shall periodically notify the complaint
parties of the status of the complaint until final disposition.
SECTION 2.004. Subchapter C, Chapter 64, Human Resources
Code, is amended by adding Section 64.104 to read as follows:
Sec. 64.104. MEMORANDUM OF UNDERSTANDING. (a) The office
and the commission shall enter into a memorandum of understanding
concerning:
(1) the most efficient manner in which to share
information with one another; and
(2) the procedures for handling overlapping
monitoring duties and activities performed by the office and the
commission.
(b) The memorandum of understanding entered into under
Subsection (a), at a minimum, must:
(1) address the interaction of the office with that
portion of the commission that conducts an internal audit under
Section 61.0331;
(2) address communication between the office and the
commission concerning individual situations involving children
committed to the commission and how those situations will be
documented and handled;
(3) contain guidelines on the office's role in
relevant working groups and policy development decisions at the
commission;
(4) ensure opportunities for sharing information
between the office and the commission for the purposes of assuring
quality and improving programming within the commission; and
(5) preserve the independence of the office by
authorizing the office to withhold information concerning matters
under active investigation by the office from the commission and
commission staff and to report the information to the governor.
ARTICLE 3. TEXAS JUVENILE PROBATION COMMISSION
SECTION 3.001. Section 141.011(a), Human Resources Code, is
amended to read as follows:
(a) The commission consists of:
(1) two district court judges who sit as juvenile
court judges;
(2) two county judges or commissioners; [and]
(3) one chief juvenile probation officer;
(4) one mental health treatment professional licensed
under Subtitle B or I, Title 3, Occupations Code;
(5) one educator, as that term is defined by Section
5.001, Education Code;
(6) one member who represents an organization that
advocates on behalf of juvenile offenders or victims of delinquent
or criminal conduct; and
(7) one member [five members] of the public who is
[are] not an employee [employees] in the criminal or juvenile
justice system and is recognized in the community for the person's
interest in youth.
SECTION 3.002. Section 141.012, Human Resources Code, is
amended to read as follows:
Sec. 141.012. SUNSET PROVISION. (a) The Texas Juvenile
Probation Commission is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission is abolished and this chapter expires
September 1, 2011 [2009].
(b) In the review of the Texas Juvenile Probation Commission
by the Sunset Advisory Commission, as required by this section, the
sunset commission shall focus its review on the following:
(1) the commission's compliance with Chapter 263 (S.B.
103), Acts of the 80th Legislature, Regular Session, 2007;
(2) requirements placed on the agency by legislation
enacted by the 81st Legislature, Regular Session, 2009, that
becomes law, including implementation of programs for the diversion
of youth from the Texas Youth Commission; and
(3) initiatives of the commission and the Texas Youth
Commission in coordinating activities and services to better
integrate Texas Juvenile Probation Commission, Texas Youth
Commission, and county juvenile justice functions, including joint
strategic planning, the sharing of youth data across youth-serving
agencies, assessment and classification of youth, and collection of
data on probation outcomes.
(c) In its report to the 82nd Legislature, the sunset
commission may include any recommendations it considers
appropriate. This subsection and Subsection (b) expire September 1,
2011.
SECTION 3.003. Section 141.014, Human Resources Code, is
amended to read as follows:
Sec. 141.014. RESTRICTIONS ON COMMISSION APPOINTMENT,
MEMBERSHIP, AND EMPLOYMENT. (a) A person may not be [is not
eligible for appointment or service as] a public member of the
commission if the person or the person's spouse:
(1) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the commission
[or receiving funds from the commission]; [or]
(2) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses;
(3) is registered, certified, or licensed by a
regulatory agency in the field of criminal or juvenile justice; or
(4) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the commission.
(b) A person may not be a member of the commission and may
not be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of criminal or
juvenile justice [An officer, employee, or paid consultant of a
trade association in the field of criminal or juvenile justice may
not be a member or employee of the commission].
(c) [A person who is the spouse of an officer, employee, or
paid consultant of a trade association in the field of criminal or
juvenile justice may not be a commission member or a commission
employee, including exempt employees, compensated at grade 17 or
over according to the position classification schedule under the
General Appropriations Act.
[(d)] A person may not serve as a member of the commission or
act as the general counsel to the commission if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation in or on
behalf of a profession related to the operation of the commission.
(d) [(e)] In this section, "Texas trade association" means
a [nonprofit,] cooperative and [,] voluntarily joined statewide
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual or professional problems and in promoting their
common interest.
SECTION 3.004. Section 141.0145, Human Resources Code, is
amended to read as follows:
Sec. 141.0145. TRAINING FOR COMMISSION MEMBERS. (a) A [To
be eligible to take office as a member of the commission, a] person
who is appointed to and qualifies for office as a member of the
commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission until the person
completes [must complete at least one course of] a training program
that complies with this section.
(b) The training program must provide information to the
person regarding:
(1) the [enabling] legislation that created the
commission [and its policymaking body to which the person is
appointed to serve];
(2) the programs operated by the commission;
(3) the roles [role] and functions of the commission;
(4) [the rules of the commission with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5)] the [current] budget of [for] the commission;
(5) [(6)] the results of the most recent formal audit
of the commission;
(6) [(7)] the requirements of law relating to open
meetings, public information, administrative procedure, and
conflicts of interest [the:
[(A) open meetings law, Chapter 551, Government
Code;
[(B) open records law, Chapter 552, Government
Code; and
[(C) administrative procedure law, Chapter 2001,
Government Code]; and
(7) [(8) the requirements of the conflict of
interests laws and other laws relating to public officials; and
[(9)] any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided in the General Appropriations Act, for
travel expenses incurred in attending the training program,
regardless of whether the attendance at the program occurs before
or after the person qualifies for office [as provided by the General
Appropriations Act and as if the person were a member of the
commission].
SECTION 3.005. Sections 141.017(a) and (c), Human Resources
Code, are amended to read as follows:
(a) It is a ground for removal from the commission if a
member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 141.011;
(2) does not maintain during service on the commission
the qualifications required by Section 141.011 [is not eligible for
appointment to or service on the commission as provided by Section
141.014(a)];
(3) is ineligible for membership under Section 141.014
[violates a prohibition established by Section 141.014(b), (c), or
(d)];
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the term for
which the member is appointed [because of illness or disability];
or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the commission.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
[chairman] of the commission of the potential ground. The
presiding officer [chairman] shall then notify the governor and the
attorney general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer
[chairman], the director shall notify the next highest officer of
the commission, who shall notify the governor and the attorney
general that a potential ground for removal exists.
SECTION 3.006. Section 141.022(b), Human Resources Code, is
amended to read as follows:
(b) The advisory council shall report any determinations
made under Subsection (c) to the members of the commission
appointed under Section 141.011 [the director].
SECTION 3.007. Subchapter B, Chapter 141, Human Resources
Code, is amended by adding Sections 141.027 through 141.029 to read
as follows:
Sec. 141.027. COMPLAINTS. (a) The commission shall
maintain a system to promptly and efficiently act on complaints
filed with the commission, other than complaints received under
Section 141.049. The commission shall maintain information about
parties to the complaint, the subject matter of the complaint, a
summary of the results of the review or investigation of the
complaint, and its disposition.
(b) The commission shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The commission shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Sec. 141.028. USE OF TECHNOLOGY. The commission shall
implement a policy requiring the commission to use appropriate
technological solutions to improve the commission's ability to
perform its functions. The policy must ensure that the public is
able to interact with the commission on the Internet.
Sec. 141.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The commission shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
SECTION 3.008. Section 141.042, Human Resources Code, is
amended by amending Subsections (a), (e), and (h) and adding
Subsections (d), (f), (i), and (j) to read as follows:
(a) The commission shall adopt reasonable rules that
provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, record keeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation and detention
officers and for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation and
detention officers or court-supervised community-based program
personnel;
(4) subject to Subsection (d), minimum standards for
public and private juvenile pre-adjudication secure detention
facilities, public juvenile post-adjudication secure correctional
facilities that are operated under the authority of a juvenile
board or governmental unit, [and] private juvenile
post-adjudication secure correctional facilities operated under a
contract with a governmental unit, except those facilities exempt
from certification by Section 42.052(g), and nonsecure
correctional facilities operated by or under contract with a
governmental unit; and
(5) minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee.
(d) In adopting rules under Subsection (a)(4), the
commission shall ensure that the minimum standards for facilities
described by Subsection (a)(4) are designed to ensure that
juveniles confined in those facilities are provided the rights,
benefits, responsibilities, and privileges to which a juvenile is
entitled under the United States Constitution, federal law, and the
constitution and laws of this state. The minimum standards must
include a humane physical and psychological environment, safe
conditions of confinement, protection from harm, adequate
rehabilitation and education, adequate medical and mental health
treatment, and due process of law.
(e) Juvenile probation departments shall use the mental
health screening instrument selected by the commission for the
initial screening of children under the jurisdiction of probation
departments who have been formally referred to the department. The
commission shall give priority to training in the use of this
instrument in any preservice or in-service training that the
commission provides for probation officers. A clinical assessment
by a licensed mental health professional may be substituted for the
mental health screening instrument selected by the commission if
the clinical assessment is performed in the time prescribed by the
commission[. Juvenile probation departments shall report data from
the use of the screening instrument or the clinical assessment to
the commission in a format and in the time prescribed by the
commission].
(f) A juvenile probation department must, before the
disposition of a child's case and using a validated risk and needs
assessment instrument or process provided or approved by the
commission, complete a risk and needs assessment for each child
under the jurisdiction of the juvenile probation department.
(h) A juvenile board that does not accept state aid funding
from the commission under Section 141.081 shall report to the
commission each month on a form provided by the commission the same
data as that required of counties accepting state aid funding
regarding juvenile justice activities under the jurisdiction of the
juvenile board. If the commission makes available free software to
the juvenile board for the automation and tracking of juveniles
under the jurisdiction of the juvenile board, the commission may
require the monthly report to be provided in an electronic format
adopted by [rule by] the commission.
(i) A juvenile probation department shall report data from
the use of the screening instrument or clinical assessment under
Subsection (e) and the risk and needs assessment under Subsection
(f) to the commission in the format and at the time prescribed by
the commission.
(j) The commission shall adopt rules to ensure that youth in
the juvenile justice system are assessed using the screening
instrument or clinical assessment under Subsection (e) and the risk
and needs assessment under Subsection (f).
SECTION 3.009. Subchapter C, Chapter 141, Human Resources
Code, is amended by amending Section 141.0471 and adding Section
141.0472 to read as follows:
Sec. 141.0471. COORDINATED STRATEGIC PLANNING COMMITTEE
[PLAN FOR JUVENILE JUSTICE SYSTEM]. (a) The director [commission]
and the executive director of the Texas Youth Commission shall
jointly appoint a strategic planning committee to biennially
develop a coordinated strategic plan which shall guide, but not
substitute for, the strategic plans developed individually by the
agencies. The director and the executive director of the Texas
Youth Commission are co-presiding officers of the strategic
planning committee.
(b) The director shall appoint four members to the strategic
planning committee. The director shall appoint at least:
(1) one committee member who represents the interests
of families of juvenile offenders;
(2) one committee member who represents the interests
of local juvenile probation departments; and
(3) one committee member who is a mental health
treatment professional licensed under Subtitle B or I, Title 3,
Occupations Code.
(c) The executive director of the Texas Youth Commission
shall appoint four members to the strategic planning committee.
The executive director shall appoint at least:
(1) one committee member who represents the interests
of juvenile offenders;
(2) one committee member who represents the interests
of the victims of delinquent or criminal conduct; and
(3) one committee member who is an educator as defined
by Section 5.001, Education Code.
Sec. 141.0472. COORDINATED STRATEGIC PLAN; ADOPTION OF
PLAN. (a) [(b)] The coordinated strategic plan developed by the
strategic planning committee under Section 141.0471 must [shall]:
(1) identify short-term and long-term policy goals;
(2) identify time frames and strategies for meeting
the goals identified under Subdivision (1);
(3) estimate population projections, including
projections of population characteristics;
(4) estimate short-term and long-term capacity,
programmatic, and funding needs;
(5) describe intensive service and surveillance
parole pilot programs to be jointly developed;
(6) include an evaluation of aftercare services
emphasizing concrete outcome measures, including recidivism and
educational progress;
(7) identify objective criteria for the various
decision points throughout the continuum of juvenile justice
services and sanctions to guard against disparate treatment of
minority youth; [and]
(8) identify cross-agency outcome measures by which to
evaluate the effectiveness of the system generally;
(9) include a plan of implementation for the
development of common data sources and data sharing among the
commission, juvenile probation departments, the Texas Youth
Commission, the Department of Family and Protective Services, the
Department of State Health Services, the Health and Human Services
Commission, the Texas Education Agency, and other state agencies
that serve youth in the juvenile justice system;
(10) include the development of new, or the
improvement of existing, validated risk assessment instruments;
(11) include strategies to determine which programs
are most effective in rehabilitating youth in the juvenile justice
system;
(12) include planning for effective aftercare
programs and services, including ensuring that youth in the
juvenile justice system have personal identification and
appropriate referrals to service providers; and
(13) track performance measures to illustrate the
costs of different levels of treatment and to identify the most
cost-effective programs in each component of the juvenile justice
system in this state.
(b) In addition to the information described by Subsection
(a), the coordinated strategic plan must include specific processes
and procedures for routinely communicating juvenile justice system
information between the commission and the Texas Youth Commission
and determining opportunities to coordinate practices for
improving outcomes for youth.
(c) The governing boards [board] of the commission [Texas
Juvenile Probation Commission] and the [executive commissioner of
the] Texas Youth Commission shall review and adopt the coordinated
strategic plan on or before December 1st of each odd-numbered year,
or before the adoption of the agency's individual strategic plan,
whichever is earlier.
SECTION 3.010. Section 141.049, Human Resources Code, is
amended to read as follows:
Sec. 141.049. COMPLAINTS RELATING TO JUVENILE BOARDS. (a)
The commission shall maintain a system to promptly and efficiently
act on a [keep an information file about each] complaint filed with
the commission relating to a juvenile board funded by the
commission. The commission shall maintain information about
parties to the complaint, a summary of the results of the review or
investigation of the complaint, and the disposition of the
complaint.
(b) The commission shall make information available
describing the commission's procedures for the investigation and
resolution of a complaint filed with the commission relating to a
juvenile board funded by the commission.
(c) The commission shall investigate the allegations in the
complaint and make a determination of whether there has been a
violation of the commission's rules relating to juvenile probation
programs, services, or facilities.
(d) [(b)] If a written complaint is filed with the
commission relating to a juvenile board funded by the commission,
the commission[, at least quarterly and until final disposition of
the complaint,] shall periodically notify the complainant and the
juvenile board of the status of the complaint until final
disposition, unless notice would jeopardize an undercover
investigation.
SECTION 3.011. Section 141.050, Human Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) The commission shall consider the past performance of a
juvenile board when contracting with the juvenile board for local
probation services other than basic probation services. In
addition to the contract standards described by Subsection (a), a
contract with a juvenile board for probation services other than
basic probation services must:
(1) include specific performance targets for the
juvenile board based on the juvenile board's historic performance
of the services; and
(2) require a juvenile board to report on the juvenile
board's success in meeting the performance targets described by
Subdivision (1).
SECTION 3.012. Subchapter C, Chapter 141, Human Resources
Code, is amended by adding Sections 141.057, 141.058, and 141.059
to read as follows:
Sec. 141.057. DATA COLLECTION. (a) The commission shall
collect comprehensive data concerning the outcomes of local
probation programs throughout the state.
(b) Data collected under Subsection (a) must include:
(1) a description of the types of programs and
services offered by a juvenile probation department, including a
description of the components of each program or service offered;
and
(2) to the extent possible, the rate at which
juveniles who enter or complete juvenile probation are later
committed to the custody of the state.
Sec. 141.058. QUARTERLY REPORT ON ABUSE, NEGLECT, AND
EXPLOITATION. (a) On January 1, 2010, and quarterly after that
date, the commission shall prepare and deliver a report to the board
concerning the final outcome of any complaint received under
Section 261.405, Family Code, that concerns the abuse, neglect, or
exploitation of a juvenile. The report must include a summary of
the actions performed by the commission and any applicable juvenile
board or juvenile probation department in resolving the complaint.
(b) A report prepared under Subsection (a) is public
information under Chapter 552, Government Code, only to the extent
authorized by that chapter.
Sec. 141.059. RESIDENTIAL TREATMENT FACILITY. (a) The
commission may contract with a local mental health and mental
retardation authority that, on April 1, 2009, had an unutilized or
underutilized residential treatment facility, for the
establishment of a residential treatment facility for juveniles
with mental illness or emotional injury who, as a condition of
juvenile probation, are ordered by a court to reside at the facility
and receive education services at the facility. The commission may
work in cooperation with the local mental health and mental
retardation authority to provide mental health residential
treatment services for juveniles residing at a facility established
under this section.
(b) A residential treatment facility established under this
section must provide juveniles receiving treatment at the facility:
(1) a short-term program of mental health
stabilization that does not exceed 150 days in duration; and
(2) all educational opportunities and services,
including special education instruction and related services, that
a school district is required under state or federal law to provide
for students residing in the district through a charter school
operated in accordance with and subject to Subchapter D, Chapter
12, Education Code.
(c) If a residential treatment facility established under
this section is unable to provide adequate and sufficient
educational opportunities and services to juveniles residing at the
facility, the facility may not continue to operate beyond the end of
the school year in which the opportunities or services provided by
the facility are determined to be inadequate or insufficient.
(d) Notwithstanding any other law and in addition to the
number of charters allowed under Subchapter D, Chapter 12,
Education Code, the State Board of Education shall grant a charter
on the application of a residential treatment facility established
under this section for a school chartered for the purposes of this
section.
SECTION 3.013. The heading to Subchapter D, Chapter 141,
Human Resources Code, is amended to read as follows:
SUBCHAPTER D. PROVISIONS RELATING TO CERTAIN [JUVENILE PROBATION]
OFFICERS AND EMPLOYEES
SECTION 3.014. Section 141.061(a), Human Resources Code, is
amended to read as follows:
(a) To be eligible for appointment as a probation officer, a
person who was not employed as a probation officer before September
1, 1981, must:
(1) be of good moral character;
(2) have acquired a bachelor's degree conferred by a
college or university accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board;
(3) have either:
(A) one year of graduate study in criminology,
corrections, counseling, law, social work, psychology, sociology,
or other field of instruction approved by the commission; or
(B) one year of experience in full-time case
work, counseling, or community or group work:
(i) in a social service, community,
corrections, or juvenile agency that deals with offenders or
disadvantaged persons; and
(ii) that the commission determines
provides the kind of experience necessary to meet this requirement;
(4) have satisfactorily completed the course of
preservice training or instruction and any continuing education
required by the commission;
(5) have passed the tests or examinations required by
the commission; and
(6) possess the level of certification required by the
commission.
SECTION 3.015. Subchapter D, Chapter 141, Human Resources
Code, is amended by adding Section 141.0612 to read as follows:
Sec. 141.0612. MINIMUM STANDARDS FOR CERTAIN EMPLOYEES OF
NONSECURE CORRECTIONAL FACILITIES. (a) The commission by rule
shall adopt certification standards for persons who are employed in
nonsecure correctional facilities that accept only juveniles who
are on probation and that are operated by or under contract with a
governmental unit, as defined by Section 101.001, Civil Practice
and Remedies Code.
(b) The certification standards adopted under Subsection
(a) must be substantially similar to the certification requirements
for detention officers under Section 141.0611.
SECTION 3.016. Section 141.064, Human Resources Code, is
amended to read as follows:
Sec. 141.064. REVOCATION OR SUSPENSION OF CERTIFICATION.
(a) The commission may revoke or suspend a certification, or
reprimand a certified officer:
(1) [,] for a violation of this chapter or a commission
rule; or
(2) if, under Subsection (c), a panel determines that
continued certification of the person threatens juveniles in the
juvenile justice system.
(b) The commission may place on probation a person whose
certification is suspended. If the suspension is probated, the
commission may require the person to:
(1) report regularly to the commission on matters that
are the basis of the probation; and
(2) continue or review professional education until
the person attains a degree of skill satisfactory to the commission
in those areas that are the basis of the probation.
(c) The director may convene, in person or telephonically, a
panel of three commission members to determine if a person's
continued certification threatens juveniles in the juvenile
justice system. If the panel determines that the person's
continued certification threatens juveniles in the juvenile
justice system, the person's license is temporarily suspended until
an administrative hearing is held as soon as possible under
Subsection (d). The director may convene a panel under this
subsection only if the danger posed by the person's continued
certification is imminent. The panel may hold a telephonic meeting
only if immediate action is required and convening the panel at one
location is inconvenient for any member of the panel.
(d) A person is entitled to a hearing before the State
Office of Administrative Hearings [commission or a hearings officer
appointed by the commission] if the commission proposes to suspend
or revoke the person's certification.
(e) A person may appeal a ruling or order issued under this
section to a district court in the county in which the person
resides or in Travis County. The standard of review is under the
substantial evidence rule. [The commission shall prescribe
procedures by which each decision to suspend or revoke is made by or
is appealable to the commission.]
SECTION 3.017. Section 141.081, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) The commission by rule shall, not later than September
1, 2010, establish one or more basic probation services funding
formulas and one or more community corrections funding formulas.
The funding formulas established under this subsection must include
each grant for which the commission, on or before September 1, 2009,
established an allocation formula.
ARTICLE 4. MISCELLANEOUS PROVISIONS
SECTION 4.001. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.34 to read as follows:
Art. 13.34. CERTAIN OFFENSES COMMITTED AGAINST CHILD
COMMITTED TO TEXAS YOUTH COMMISSION. An offense described by
Article 104.003(a) committed by an employee or officer of the Texas
Youth Commission or a person providing services under a contract
with the commission against a child committed to the commission may
be prosecuted in:
(1) any county in which an element of the offense
occurred; or
(2) Travis County.
SECTION 4.002. Section 29.012, Education Code, is amended
by adding Subsection (e) to read as follows:
(e) This section does not apply to a residential treatment
facility for juveniles established under Section 141.059, Human
Resources Code.
SECTION 4.003. Subchapter E, Chapter 30, Education Code, is
amended by adding Section 30.106 to read as follows:
Sec. 30.106. READING AND BEHAVIOR PLAN. (a) Because
learning and behavior are inextricably linked and learning and
improved behavior correlate with decreased recidivism rates, the
Texas Youth Commission shall not only fulfill the commission's
duties under state and federal law to provide general and special
educational services to students in commission educational
programs but also shall implement a comprehensive plan to improve
the reading skills and behavior of those students.
(b) To improve the reading skills of students in Texas Youth
Commission educational programs, the commission shall:
(1) adopt a reliable battery of reading assessments
that:
(A) are based on a normative sample appropriate
to students in commission educational programs;
(B) are designed to be administered on an
individual basis; and
(C) allow school employees to:
(i) evaluate performance in each essential
component of effective reading instruction, including phonemic
awareness, phonics, fluency, vocabulary, and comprehension;
(ii) monitor progress in areas of
deficiency specific to an individual student; and
(iii) provide reading performance data;
(2) administer the assessments adopted under
Subdivision (1):
(A) at periodic intervals not to exceed 12
months, to each student in a commission educational program; and
(B) at least 15 days and not more than 30 days
before a student is released from the commission;
(3) provide at least 60 minutes per school day of
individualized reading instruction to each student in a commission
educational program who exhibits deficits in reading on the
assessments adopted under Subdivision (1):
(A) by trained educators with expertise in
teaching reading to struggling adolescent readers; and
(B) through the use of scientifically based,
peer-reviewed reading curricula that:
(i) have proven effective in improving the
reading performance of struggling adolescent readers;
(ii) address individualized and
differentiated reading goals; and
(iii) include each of the essential
components of effective reading instruction, including phonemic
awareness, phonics, fluency, vocabulary, and comprehension;
(4) require each teacher in a commission regular or
special educational program who teaches English language arts,
reading, mathematics, science, social studies, or career and
technology education to be trained in incorporating content area
reading instruction using empirically validated instructional
methods that are appropriate for struggling adolescent readers; and
(5) evaluate the effectiveness of the commission's
plan to increase reading skills according to the following
criteria:
(A) an adequate rate of improvement in reading
performance, as measured by monthly progress monitoring using
curricular-based assessments in each of the essential components of
effective reading instruction, including phonemic awareness,
phonics, fluency, vocabulary, and comprehension;
(B) a significant annual rate of improvement in
reading performance, disaggregated by subgroups designated under
commission rule, as measured using the battery of reading
assessments adopted under Subdivision (1); and
(C) student ratings of the quality and impact of
the reading plan under this subsection, as measured on a student
self-reporting instrument.
(c) To increase the positive social behaviors of students in
Texas Youth Commission educational programs and to create an
educational environment that facilitates learning, the commission
shall:
(1) adopt system-wide classroom and individual
positive behavior supports that incorporate a continuum of
prevention and intervention strategies that:
(A) are based on current behavioral research; and
(B) are systematically and individually applied
to students consistent with the demonstrated level of need;
(2) require each teacher and other educational staff
member in a commission educational program to be trained in
implementing the positive behavior support system adopted under
Subdivision (1); and
(3) adopt valid assessment techniques to evaluate the
effectiveness of the positive behavior support system according to
the following criteria:
(A) documentation of school-related disciplinary
referrals, disaggregated by the type, location, and time of
infraction and by subgroups designated under commission rule;
(B) documentation of school-related disciplinary
actions, including time-out, placement in security, and use of
restraints and other aversive control measures, disaggregated by
subgroups designated under commission rule;
(C) validated measurement of systemic positive
behavioral support interventions; and
(D) the number of minutes students are out of the
regular classroom because of disciplinary reasons.
(d) The Texas Youth Commission shall consult with faculty
from institutions of higher education who have expertise in reading
instruction for adolescents, in juvenile corrections, and in
positive behavior supports to develop and implement the plan under
Subsections (b) and (c).
(e) A student in a Texas Youth Commission educational
program may not be released on parole from the commission unless the
student participates, to the extent required by commission rule, in
the positive behavior support system under Subsection (c). A
student in a commission educational program who exhibits deficits
in reading on the assessments adopted under Subsection (b)(1) must
also participate in reading instruction to the extent required by
this section and by commission rule before the student may be
released on parole.
(f) Not later than December 1, 2010, the Texas Youth
Commission shall report to the legislature concerning:
(1) the effectiveness of the commission's reading plan
based on the criteria specified by Subsection (b)(5); and
(2) the implementation of the positive behavior
support system plan under Subsection (c).
(g) Not later than December 1, 2012, the Texas Youth
Commission shall report to the legislature concerning the
effectiveness of the positive behavior support system based on the
criteria specified by Subsection (c)(3).
(h) Subsections (f) and (g) and this subsection expire
January 1, 2013.
SECTION 4.004. Section 51.02, Family Code, is amended by
adding Subdivision (8-a) to read as follows:
(8-a) "Nonsecure correctional facility" means a
facility, other than a secure correctional facility, that accepts
only juveniles who are on probation and that is operated by or under
contract with a governmental unit, as defined by Section 101.001,
Civil Practice and Remedies Code.
SECTION 4.005. Chapter 51, Family Code, is amended by
adding Section 51.126 to read as follows:
Sec. 51.126. NONSECURE CORRECTIONAL FACILITIES. (a) A
nonsecure correctional facility for juvenile offenders may be
operated only by:
(1) a governmental unit, as defined by Section
101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(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 Probation Commission
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) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c), and the status of any required corrective actions;
and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Probation Commission shall annually
inspect each nonsecure correctional facility. The Texas Juvenile
Probation Commission 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 Probation Commission 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.
(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 Youth Commission,
shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(e) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (d) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.
SECTION 4.006. Chapter 614, Health and Safety Code, is
amended by adding Section 614.018 to read as follows:
Sec. 614.018. CONTINUITY OF CARE FOR JUVENILES WITH MENTAL
IMPAIRMENTS. (a) The Texas Juvenile Probation Commission, the
Texas Youth Commission, the Department of Public Safety, the
Department of State Health Services, the Department of Aging and
Disability Services, the Department of Family and Protective
Services, the Texas Education Agency, and local juvenile probation
departments shall adopt a memorandum of understanding that
establishes their respective responsibilities to institute a
continuity of care and service program for juveniles with mental
impairments in the juvenile justice system. The Texas Correctional
Office on Offenders with Medical and Mental Impairments shall
coordinate and monitor the development and implementation of the
memorandum of understanding.
(b) The memorandum of understanding must establish methods
for:
(1) identifying juveniles with mental impairments in
the juvenile justice system and collecting and reporting relevant
data to the office;
(2) developing interagency rules, policies, and
procedures for the coordination of care of and the exchange of
information on juveniles with mental impairments who are committed
to or treated, served, or supervised by the Texas Youth Commission,
the Texas Juvenile Probation Commission, the Department of Public
Safety, the Department of State Health Services, the Department of
Family and Protective Services, the Department of Aging and
Disability Services, the Texas Education Agency, local juvenile
probation departments, local mental health or mental retardation
authorities, and independent school districts; and
(3) identifying the services needed by juveniles with
mental impairments in the juvenile justice system.
(c) For purposes of this section, "continuity of care and
service program" includes:
(1) identifying the medical, psychiatric, or
psychological care or treatment needs and educational or
rehabilitative service needs of a juvenile with mental impairments
in the juvenile justice system;
(2) developing a plan for meeting the needs identified
under Subdivision (1); and
(3) coordinating the provision of continual
treatment, care, and services throughout the juvenile justice
system to juveniles with mental impairments.
SECTION 4.007. Sections 614.017(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) An agency shall:
(1) accept information relating to a special needs
offender or a juvenile with a mental impairment that is sent to the
agency to serve the purposes of continuity of care and services
regardless of whether other state law makes that information
confidential; and
(2) disclose information relating to a special needs
offender or a juvenile with a mental impairment, including
information about the offender's or juvenile's identity, needs,
treatment, social, criminal, and vocational history, supervision
status and compliance with conditions of supervision, and medical
and mental health history, if the disclosure serves the purposes of
continuity of care and services.
(b) Information obtained under this section may not be used
as evidence in any juvenile or criminal proceeding, unless obtained
and introduced by other lawful evidentiary means.
SECTION 4.008. Section 614.017(c), Health and Safety Code,
is amended by amending Subdivision (1) and adding Subdivision (3)
to read as follows:
(1) "Agency" includes any of the following entities
and individuals, a person with an agency relationship with one of
the following entities or individuals, and a person who contracts
with one or more of the following entities or individuals:
(A) the Texas Department of Criminal Justice and
the Correctional Managed Health Care Committee;
(B) the Board of Pardons and Paroles;
(C) the Department of State Health Services;
(D) the Texas Juvenile Probation Commission;
(E) the Texas Youth Commission;
(F) the Department of Assistive and
Rehabilitative Services;
(G) the Texas Education Agency;
(H) the Commission on Jail Standards;
(I) the Department of Aging and Disability
Services;
(J) the Texas School for the Blind and Visually
Impaired;
(K) community supervision and corrections
departments and local juvenile probation departments;
(L) personal bond pretrial release offices
established under Article 17.42, Code of Criminal Procedure;
(M) local jails regulated by the Commission on
Jail Standards;
(N) a municipal or county health department;
(O) a hospital district;
(P) a judge of this state with jurisdiction over
juvenile or criminal cases;
(Q) an attorney who is appointed or retained to
represent a special needs offender or a juvenile with a mental
impairment;
(R) the Health and Human Services Commission;
(S) the Department of Information Resources;
[and]
(T) the bureau of identification and records of
the Department of Public Safety, for the sole purpose of providing
real-time, contemporaneous identification of individuals in the
Department of State Health Services client data base; and
(U) the Department of Family and Protective
Services.
(3) "Juvenile with a mental impairment" means a
juvenile with a mental impairment in the juvenile justice system.
SECTION 4.009. Section 614.009, Health and Safety Code, is
amended to read as follows:
Sec. 614.009. BIENNIAL REPORT. Not later than February 1 of
each odd-numbered year, the office shall present to the board and
file with the governor, lieutenant governor, and speaker of the
house of representatives a report giving the details of the
office's activities during the preceding biennium. The report must
include:
(1) an evaluation of any demonstration project
undertaken by the office;
(2) an evaluation of the progress made by the office
toward developing a plan for meeting the treatment, rehabilitative,
and educational needs of offenders with special needs;
(3) recommendations of the office made in accordance
with Section 614.007(5);
(4) an evaluation of the development and
implementation of the continuity of care and service programs
established under Sections 614.013, 614.014, 614.015, [and]
614.016, and 614.018, changes in rules, policies, or procedures
relating to the programs, future plans for the programs, and any
recommendations for legislation; and
(5) any other recommendations that the office
considers appropriate.
ARTICLE 5. TRANSITION AND EFFECTIVE DATE
SECTION 5.001. Sections 61.025 and 61.027, Human Resources
Code, as added by this Act, and Sections 141.014 and 141.0145, Human
Resources Code, as amended by this Act, apply only to a person who
is appointed or reappointed as a member of the governing board of
the Texas Youth Commission or the Texas Juvenile Probation
Commission on or after the effective date of this Act. A person
appointed or reappointed as a member of the board or commission
before the effective date of this Act is governed by the law in
effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 5.002. Section 61.026, Human Resources Code, as
added by this Act, and Section 141.017, Human Resources Code, as
amended by this Act, apply only to a ground for removal that occurs
on or after the effective date of this Act. A ground for removal
that occurs before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 5.003. (a) Section 141.011(a), Human Resources
Code, as amended by this Act, applies only to a person appointed to
the Texas Juvenile Probation Commission on or after the effective
date of this Act. A person appointed to the Texas Juvenile
Probation Commission before the effective date of this Act is
governed by the law in effect on the date the person was appointed,
and that law is continued in effect for that purpose.
(b) A person serving on the Texas Juvenile Probation
Commission on the effective date of this Act continues to serve on
the commission until the person's term expires. When a term expires
or a vacancy on the commission occurs, the governor shall make
appointments in accordance with Section 141.011(a), Human
Resources Code, as amended by this Act.
SECTION 5.004. Section 141.059, Human Resources Code, as
added by this Act, and Section 29.012, Education Code, as amended by
this Act, apply beginning with the 2009-2010 school year.
SECTION 5.005. Article 13.34, Code of Criminal Procedure,
as added by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 5.006. (a) Not later than November 1, 2009, the
Texas Youth Commission shall adopt the battery of reading
assessments as required by Section 30.106(b), Education Code, as
added by this Act.
(b) Not later than January 1, 2010, the Texas Youth
Commission shall begin administering the battery of reading
assessments as required by Section 30.106(b), Education Code, as
added by this Act.
SECTION 5.007. Section 30.106(e), Education Code, as added
by this Act, applies to release on parole from the Texas Youth
Commission beginning September 1, 2010.
SECTION 5.008. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3689 was passed by the House on May 4,
2009, by the following vote: Yeas 140, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3689 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3689 on May 31, 2009, by the following vote: Yeas 147,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3689 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3689 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor