Texas 2009 - 81st Regular

Texas House Bill HB3689 Compare Versions

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1	1	H.B. No. 3689
2	2
3	3
4	4	AN ACT
5	5	relating to the functions and continuation of the Texas Youth
6	6	Commission and the Texas Juvenile Probation Commission and to the
7	7	functions of the Office of Independent Ombudsman for the Texas
8	8	Youth Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. TEXAS YOUTH COMMISSION
11	11	SECTION 1.001. The heading to Chapter 61, Human Resources
12	12	Code, is amended to read as follows:
13	13	CHAPTER 61. TEXAS YOUTH COMMISSION [COUNCIL]
14	14	SECTION 1.002. Section 61.001, Human Resources Code, is
15	15	amended by adding Subdivision (3) to read as follows:
16	16	(3) "Board" means the board of the commission
17	17	appointed under Section 61.024.
18	18	SECTION 1.003. Section 61.020, Human Resources Code, is
19	19	amended to read as follows:
20	20	Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth
21	21	Commission is subject to Chapter 325, Government Code (Texas Sunset
22	22	Act). Unless continued in existence as provided by that chapter,
23	23	the commission is abolished and this chapter expires September 1,
24	24	2011 [2009].
25	25	(b) In the review of the Texas Youth Commission by the
26	26	Sunset Advisory Commission, as required by this section, the sunset
27	27	commission shall focus its review on:
28	28	(1) the commission's compliance with Chapter 263 (S.B.
29	29	103), Acts of the 80th Legislature, Regular Session, 2007;
30	30	(2) requirements placed on the agency by legislation
31	31	enacted by the 81st Legislature, Regular Session, 2009, that
32	32	becomes law, including implementation of programs for the diversion
33	33	of youth from the commission; and
34	34	(3) initiatives of the commission and the Texas
35	35	Juvenile Probation Commission in coordinating activities and
36	36	services to better integrate Texas Youth Commission, Texas Juvenile
37	37	Probation Commission, and county juvenile justice functions,
38	38	including joint strategic planning, the sharing of youth data
39	39	across youth-serving agencies, assessments and classification of
40	40	youth, and collection of data on probation outcomes.
41	41	(c) In its report to the 82nd Legislature, the sunset
42	42	commission may include any recommendations it considers
43	43	appropriate. This subsection and Subsection (b) expire September
44	44	1, 2011.
45	45	SECTION 1.004. Section 61.024(a), Human Resources Code, is
46	46	amended to read as follows:
47	47	(a) Notwithstanding any other provision of this chapter,
48	48	effective September 1, 2009, the commission is governed by a board
49	49	that consists of seven members appointed by the governor with the
50	50	advice and consent of the senate. Appointments to the board shall
51	51	be made without regard to the race, color, disability, sex,
52	52	religion, age, or national origin of the appointees. The governor
53	53	shall designate a member of the board as the presiding officer of
54	54	the board to serve in that capacity at the pleasure of the governor.
55	55	SECTION 1.005. Subchapter B, Chapter 61, Human Resources
56	56	Code, is amended by adding Sections 61.025 through 61.029 to read as
57	57	follows:
58	58	Sec. 61.025. RESTRICTIONS ON BOARD MEMBERSHIP AND
59	59	EMPLOYMENT. (a) A person may not be a member of the board or
60	60	employed by the board as the executive director if the person or the
61	61	person's spouse:
62	62	(1) is registered, certified, or licensed by a
63	63	regulatory agency in the field of criminal or juvenile justice;
64	64	(2) is employed by or participates in the management
65	65	of a business entity or other organization regulated by or
66	66	receiving money from the commission;
67	67	(3) owns or controls, directly or indirectly, more
68	68	than a 10 percent interest in a business entity or other
69	69	organization regulated by or receiving money from the commission;
70	70	or
71	71	(4) uses or receives a substantial amount of tangible
72	72	goods, services, or money from the commission, other than
73	73	compensation or reimbursement authorized by law for board
74	74	membership, attendance, or expenses.
75	75	(b) A person may not be a board member and may not be a
76	76	commission employee who is employed in a "bona fide executive,
77	77	administrative, or professional capacity," as that phrase is used
78	78	for purposes of establishing an exemption to the overtime
79	79	provisions of the federal Fair Labor Standards Act of 1938 (29
80	80	U.S.C. Section 201 et seq.), if:
81	81	(1) the person is an officer, employee, or paid
82	82	consultant of a Texas trade association in the field of criminal or
83	83	juvenile justice; or
84	84	(2) the person's spouse is an officer, manager, or paid
85	85	consultant of a Texas trade association in the field of criminal or
86	86	juvenile justice.
87	87	(c) A person may not be a member of the board or act as the
88	88	general counsel to the board or the commission if the person is
89	89	required to register as a lobbyist under Chapter 305, Government
90	90	Code, because of the person's activities for compensation on behalf
91	91	of a profession related to the operation of the commission.
92	92	(d) In this section, "Texas trade association" means a
93	93	cooperative and voluntarily joined statewide association of
94	94	business or professional competitors in this state designed to
95	95	assist its members and its industry or profession in dealing with
96	96	mutual business or professional problems and in promoting their
97	97	common interest.
98	98	Sec. 61.026. REMOVAL OF BOARD MEMBERS. (a) It is a ground
99	99	for removal from the board that a member:
100	100	(1) does not have at the time of taking office the
101	101	qualifications required by Section 61.024(b);
102	102	(2) does not maintain during service on the board the
103	103	qualifications required by Section 61.024(b);
104	104	(3) is ineligible for membership under Section 61.025;
105	105	(4) cannot, because of illness or disability,
106	106	discharge the member's duties for a substantial part of the member's
107	107	term; or
108	108	(5) is absent from more than half of the regularly
109	109	scheduled board meetings that the member is eligible to attend
110	110	during a calendar year without an excuse approved by a majority vote
111	111	of the board.
112	112	(b) The validity of an action of the board is not affected by
113	113	the fact that it is taken when a ground for removal of a board member
114	114	exists.
115	115	(c) If the executive director has knowledge that a potential
116	116	ground for removal exists, the executive director shall notify the
117	117	presiding officer of the board of the potential ground. The
118	118	presiding officer shall then notify the governor and the attorney
119	119	general that a potential ground for removal exists. If the
120	120	potential ground for removal involves the presiding officer, the
121	121	executive director shall notify the next highest ranking officer of
122	122	the board, who shall then notify the governor and the attorney
123	123	general that a potential ground for removal exists.
124	124	Sec. 61.027. TRAINING FOR BOARD MEMBERS. (a) A person who
125	125	is appointed to and qualifies for office as a member of the board
126	126	may not vote, deliberate, or be counted as a member in attendance at
127	127	a meeting of the board until the person completes a training program
128	128	that complies with this section.
129	129	(b) The training program must provide the person with
130	130	information regarding:
131	131	(1) the legislation that created the commission;
132	132	(2) the programs, functions, rules, and budget of the
133	133	commission;
134	134	(3) the results of the most recent formal audit of the
135	135	commission;
136	136	(4) the requirements of laws relating to open
137	137	meetings, public information, administrative procedure, and
138	138	conflicts of interest; and
139	139	(5) any applicable ethics policies adopted by the
140	140	commission or the Texas Ethics Commission.
141	141	(c) A person appointed to the board is entitled to
142	142	reimbursement, as provided by the General Appropriations Act, for
143	143	the travel expenses incurred in attending the training program
144	144	regardless of whether the attendance at the program occurs before
145	145	or after the person qualifies for office.
146	146	Sec. 61.028. USE OF TECHNOLOGY. The board shall implement a
147	147	policy requiring the commission to use appropriate technological
148	148	solutions to improve the commission's ability to perform its
149	149	functions. The policy must ensure that the public is able to
150	150	interact with the commission on the Internet.
151	151	Sec. 61.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
152	152	RESOLUTION. (a) The board shall develop and implement a policy to
153	153	encourage the use of:
154	154	(1) negotiated rulemaking procedures under Chapter
155	155	2008, Government Code, for the adoption of commission rules; and
156	156	(2) appropriate alternative dispute resolution
157	157	procedures under Chapter 2009, Government Code, to assist in the
158	158	resolution of internal and external disputes under the commission's
159	159	jurisdiction.
160	160	(b) The commission's procedures relating to alternative
161	161	dispute resolution must conform, to the extent possible, to any
162	162	model guidelines issued by the State Office of Administrative
163	163	Hearings for the use of alternative dispute resolution by state
164	164	agencies.
165	165	(c) The board shall designate a trained person to:
166	166	(1) coordinate the implementation of the policy
167	167	adopted under Subsection (a);
168	168	(2) serve as a resource for any training needed to
169	169	implement the procedures for negotiated rulemaking or alternative
170	170	dispute resolution; and
171	171	(3) collect data concerning the effectiveness of those
172	172	procedures, as implemented by the commission.
173	173	SECTION 1.006. Section 61.0352, Human Resources Code, is
174	174	amended to read as follows:
175	175	Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board
176	176	[executive commissioner] shall develop and implement policies that
177	177	clearly separate the policymaking responsibilities of the board
178	178	[executive commissioner] and the management responsibilities of
179	179	the staff of the commission.
180	180	SECTION 1.007. Section 61.0422, Human Resources Code, is
181	181	amended to read as follows:
182	182	Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
183	183	commission shall maintain a system to promptly and efficiently act
184	184	on a [keep a file about each written] complaint filed with the
185	185	commission by a person, other than a child receiving services from
186	186	the commission or the child's parent or guardian, that the
187	187	commission has authority to resolve. The commission shall maintain
188	188	information about parties to the complaint, the subject matter of
189	189	the complaint, a summary of the results of the review or
190	190	investigation of the complaint, and the disposition of the
191	191	complaint.
192	192	(b) The commission shall make information available
193	193	describing the commission's [provide to the person filing the
194	194	complaint and the persons or entities complained about the
195	195	commission's policies and] procedures for [pertaining to]
196	196	complaint investigation and resolution.
197	197	(c) The commission[, at least quarterly and until final
198	198	disposition of the complaint,] shall periodically notify the
199	199	[person filing the] complaint parties [and the persons or entities
200	200	complained about] of the status of the complaint until final
201	201	disposition, unless the notice would jeopardize an undercover
202	202	investigation.
203	203	(d) [(b) The commission shall keep information about each
204	204	file required by Subsection (a). The information must include:
205	205	[(1) the date the complaint is received;
206	206	[(2) the name of the complainant;
207	207	[(3) the subject matter of the complaint;
208	208	[(4) a record of all persons contacted in relation to
209	209	the complaint;
210	210	[(5) a summary of the results of the review or
211	211	investigation of the complaint; and
212	212	[(6) for complaints for which the commission took no
213	213	action, an explanation of the reason the complaint was closed
214	214	without action.
215	215	[(c)] The commission shall keep information about each
216	216	written complaint filed with the commission by a child receiving
217	217	services from the commission or the child's parent or guardian. The
218	218	information must include:
219	219	(1) the subject matter of the complaint;
220	220	(2) a summary of the results of the review or
221	221	investigation of the complaint; and
222	222	(3) the period of time between the date the complaint
223	223	is received and the date the complaint is closed.
224	224	SECTION 1.008. Section 61.0423, Human Resources Code, is
225	225	amended to read as follows:
226	226	Sec. 61.0423. PUBLIC HEARINGS. (a) The board [executive
227	227	commissioner] shall develop and implement policies that provide the
228	228	public with a reasonable opportunity to appear before the board
229	229	[executive commissioner or the executive commissioner's designee]
230	230	and to speak on any issue under the jurisdiction of the commission.
231	231	(b) The board [executive commissioner] shall ensure that
232	232	the location of public hearings held in accordance with this
233	233	section is rotated between municipalities in which a commission
234	234	facility is located or that are in proximity to a commission
235	235	facility.
236	236	SECTION 1.009. Sections 61.0451(a) and (i), Human Resources
237	237	Code, are amended to read as follows:
238	238	(a) The office of inspector general is established at the
239	239	commission for the purpose of investigating:
240	240	(1) crimes committed by commission employees,
241	241	including parole officers employed by or under a contract with the
242	242	commission; and
243	243	(2) crimes and delinquent conduct committed at a
244	244	facility operated by the commission, [or at] a residential facility
245	245	operated by another entity under a contract with the commission, or
246	246	any facility in which a child committed to the custody of the
247	247	commission is housed or receives medical or mental health
248	248	treatment.
249	249	(i) The office of inspector general shall immediately
250	250	report to the executive director [commissioner], the [advisory]
251	251	board, the governor's general counsel, and the state auditor:
252	252	(1) any particularly serious or flagrant problem
253	253	concerning the administration of a commission program or operation;
254	254	or
255	255	(2) any interference by the executive director,
256	256	[commissioner or] an employee of the commission, a facility
257	257	described by Subsection (a)(2), or an officer or employee of a
258	258	facility described by Subsection (a)(2) with an investigation
259	259	conducted by the office.
260	260	SECTION 1.010. Subchapter D, Chapter 61, Human Resources
261	261	Code, is amended by adding Section 61.067 to read as follows:
262	262	Sec. 61.067. INFORMATION PROVIDED TO COMMITTING COURT. (a)
263	263	If a court that commits a child to the commission requests, in the
264	264	commitment order, that the commission keep the court informed of
265	265	the progress the child is making while committed to the commission,
266	266	the commission shall provide the court with periodic updates on the
267	267	child's progress.
268	268	(b) A report provided under Subsection (a) may include any
269	269	information the commission determines to be relevant in evaluating
270	270	the child's progress, including, as applicable, information
271	271	concerning the child's treatment, education, and health.
272	272	(c) A report provided under this section may not include
273	273	information that is protected from disclosure under state or
274	274	federal law.
275	275	SECTION 1.011. Subchapter F, Chapter 61, Human Resources
276	276	Code, is amended by adding Section 61.08131 to read as follows:
277	277	Sec. 61.08131. COMPREHENSIVE REENTRY AND REINTEGRATION
278	278	PLAN FOR CHILDREN; STUDY AND REPORT. (a) The commission shall
279	279	develop a comprehensive plan to reduce recidivism and ensure the
280	280	successful reentry and reintegration of children into the community
281	281	following a child's release under supervision or final discharge,
282	282	as applicable, from the commission.
283	283	(b) The comprehensive reentry and reintegration plan
284	284	developed under this section must provide for:
285	285	(1) an assessment of each child committed to the
286	286	commission to determine which skills the child needs to develop to
287	287	be successful in the community following release under supervision
288	288	or final discharge;
289	289	(2) programs that address the assessed needs of each
290	290	child;
291	291	(3) a comprehensive network of transition programs to
292	292	address the needs of children released under supervision or finally
293	293	discharged from the commission;
294	294	(4) the identification of providers of existing local
295	295	programs and transitional services with whom the commission may
296	296	contract under this section to implement the reentry and
297	297	reintegration plan; and
298	298	(5) subject to Subsection (c), the sharing of
299	299	information between local coordinators, persons with whom the
300	300	commission contracts under this section, and other providers of
301	301	services as necessary to adequately assess and address the needs of
302	302	each child.
303	303	(c) A child's personal health information may be disclosed
304	304	under Subsection (b)(5) only in the manner authorized by Section
305	305	61.0731 or other state or federal law, provided that the disclosure
306	306	does not violate the Health Insurance Portability and
307	307	Accountability Act of 1996 (Pub. L. No. 104-191).
308	308	(d) The programs provided under Subsections (b)(2) and (3)
309	309	must:
310	310	(1) be implemented by highly skilled staff who are
311	311	experienced in working with reentry and reintegration programs for
312	312	children;
313	313	(2) provide children with:
314	314	(A) individualized case management and a full
315	315	continuum of care;
316	316	(B) life-skills training, including information
317	317	about budgeting, money management, nutrition, and exercise;
318	318	(C) education and, if a child has a learning
319	319	disability, special education;
320	320	(D) employment training;
321	321	(E) appropriate treatment programs, including
322	322	substance abuse and mental health treatment programs; and
323	323	(F) parenting and relationship-building classes;
324	324	and
325	325	(3) be designed to build for children post-release and
326	326	post-discharge support from the community into which the child is
327	327	released under supervision or finally discharged, including
328	328	support from agencies and organizations within that community.
329	329	(e) The commission may contract and coordinate with private
330	330	vendors, units of local government, or other entities to implement
331	331	the comprehensive reentry and reintegration plan developed under
332	332	this section, including contracting to:
333	333	(1) coordinate the supervision and services provided
334	334	to children during the time children are in the custody of the
335	335	commission with any supervision or services provided children who
336	336	have been released under supervision or finally discharged from the
337	337	commission;
338	338	(2) provide children awaiting release under
339	339	supervision or final discharge with documents that are necessary
340	340	after release or discharge, including identification papers,
341	341	medical prescriptions, job training certificates, and referrals to
342	342	services; and
343	343	(3) provide housing and structured programs,
344	344	including programs for recovering substance abusers, through which
345	345	children are provided services immediately following release under
346	346	supervision or final discharge.
347	347	(f) To ensure accountability, any contract entered into
348	348	under this section must contain specific performance measures that
349	349	the commission shall use to evaluate compliance with the terms of
350	350	the contract.
351	351	(g) The commission shall ensure that each reentry and
352	352	reintegration plan developed for a child under Section 61.0814 is
353	353	coordinated with the comprehensive reentry and reintegration plan
354	354	developed under this section.
355	355	(h) The commission shall conduct and coordinate research to
356	356	determine whether the comprehensive reentry and reintegration plan
357	357	developed under this section reduces recidivism rates.
358	358	(i) Not later than December 1 of each even-numbered year,
359	359	the commission shall deliver a report of the results of research
360	360	conducted or coordinated under Subsection (h) to the lieutenant
361	361	governor, the speaker of the house of representatives, and the
362	362	standing committees of each house of the legislature with primary
363	363	jurisdiction over juvenile justice and corrections.
364	364	SECTION 1.012. Subchapter F, Chapter 61, Human Resources
365	365	Code, is amended by adding Section 61.08141 to read as follows:
366	366	Sec. 61.08141. INFORMATION PROVIDED TO COURT BEFORE
367	367	RELEASE. (a) In addition to providing the court with notice of
368	368	release of a child under Section 61.081(e), as soon as possible but
369	369	not later than the 30th day before the date the commission releases
370	370	the child, the commission shall provide the court that committed
371	371	the child to the commission:
372	372	(1) a copy of the child's reentry and reintegration
373	373	plan developed under Section 61.0814; and
374	374	(2) a report concerning the progress the child has
375	375	made while committed to the commission.
376	376	(b) If, on release, the commission places a child in a
377	377	county other than the county served by the court that committed the
378	378	child to the commission, the commission shall provide the
379	379	information described by Subsection (a) to both the committing
380	380	court and the juvenile court in the county where the child is placed
381	381	after release.
382	382	(c) If, on release, a child's residence is located in
383	383	another state, the commission shall provide the information
384	384	described by Subsection (a) to both the committing court and a
385	385	juvenile court of the other state that has jurisdiction over the
386	386	area in which the child's residence is located.
387	387	SECTION 1.013. Section 61.0911, Human Resources Code, is
388	388	amended to read as follows:
389	389	Sec. 61.0911. COORDINATED STRATEGIC PLAN. The Texas Youth
390	390	Commission shall biennially develop with the Texas Juvenile
391	391	Probation Commission a coordinated strategic plan in the manner
392	392	described by Sections [as required by Section] 141.0471 and
393	393	141.0472.
394	394	SECTION 1.014. Section 61.098(b), Human Resources Code, is
395	395	amended to read as follows:
396	396	(b) As appropriate, the district attorney, criminal
397	397	district attorney, or county attorney representing the state in
398	398	criminal matters before the district or inferior courts of the
399	399	county who would otherwise represent the state in the prosecution
400	400	of an offense or delinquent conduct concerning the commission and
401	401	described by Article 104.003(a), Code of Criminal Procedure, may
402	402	request that the special prosecution unit prosecute, or assist in
403	403	the prosecution of, the offense or delinquent conduct.
404	404	ARTICLE 2. OFFICE OF INDEPENDENT OMBUDSMAN FOR THE TEXAS YOUTH
405	405	COMMISSION
406	406	SECTION 2.001. Section 64.054, Human Resources Code, is
407	407	amended to read as follows:
408	408	Sec. 64.054. SUNSET PROVISION. (a) The office is
409	409	subject to review under Chapter 325, Government Code (Texas Sunset
410	410	Act), but is not abolished under that chapter. The office shall be
411	411	reviewed during the periods in which the Texas Youth Commission is
412	412	[state agencies abolished in 2009 and every 12th year after 2009
413	413	are] reviewed.
414	414	(b) Notwithstanding Subsection (a), the Sunset Advisory
415	415	Commission shall focus its review of the office on compliance with
416	416	requirements placed on the office by legislation enacted by the
417	417	81st Legislature, Regular Session, 2009, that becomes law. This
418	418	subsection expires September 1, 2011.
419	419	SECTION 2.002. Section 64.058, Human Resources Code, is
420	420	amended to read as follows:
421	421	Sec. 64.058. RULEMAKING AUTHORITY. (a) The office by
422	422	rule shall establish policies and procedures for the operations of
423	423	the office of independent ombudsman.
424	424	(b) The office and the commission shall adopt rules
425	425	necessary to implement Section 64.060, including rules that
426	426	establish procedures for the commission to review and comment on
427	427	reports of the office and for the commission to expedite or
428	428	eliminate review of and comment on a report due to an emergency or a
429	429	serious or flagrant circumstance described by Section 64.055(b).
430	430	SECTION 2.003. Subchapter B, Chapter 64, Human Resources
431	431	Code, is amended by adding Sections 64.060 and 64.061 to read as
432	432	follows:
433	433	Sec. 64.060. REVIEW AND FORMAT OF REPORTS. (a) The office
434	434	shall accept, both before and after publication, comments from the
435	435	commission concerning the following types of reports published by
436	436	the office under this chapter:
437	437	(1) the office's quarterly report under Section
438	438	64.055(a);
439	439	(2) reports concerning serious or flagrant
440	440	circumstances under Section 64.055(b); and
441	441	(3) any other formal reports containing findings and
442	442	making recommendations concerning systemic issues that affect the
443	443	commission.
444	444	(b) The commission may not submit comments under Subsection
445	445	(a) after the 30th day after the date the report on which the
446	446	commission is commenting is published.
447	447	(c) The office shall ensure that reports described by
448	448	Subsection (a) are in a format to which the commission can easily
449	449	respond.
450	450	(d) After receipt of comments under this section, the office
451	451	is not obligated to change any report or change the manner in which
452	452	the office performs the duties of the office.
453	453	Sec. 64.061. COMPLAINTS. (a) The office shall maintain a
454	454	system to promptly and efficiently act on complaints filed with the
455	455	office that relate to the operations or staff of the office. The
456	456	office shall maintain information about parties to the complaint,
457	457	the subject matter of the complaint, a summary of the results of the
458	458	review or investigation of the complaint, and the disposition of
459	459	the complaint.
460	460	(b) The office shall make information available describing
461	461	its procedures for complaint investigation and resolution.
462	462	(c) The office shall periodically notify the complaint
463	463	parties of the status of the complaint until final disposition.
464	464	SECTION 2.004. Subchapter C, Chapter 64, Human Resources
465	465	Code, is amended by adding Section 64.104 to read as follows:
466	466	Sec. 64.104. MEMORANDUM OF UNDERSTANDING. (a) The office
467	467	and the commission shall enter into a memorandum of understanding
468	468	concerning:
469	469	(1) the most efficient manner in which to share
470	470	information with one another; and
471	471	(2) the procedures for handling overlapping
472	472	monitoring duties and activities performed by the office and the
473	473	commission.
474	474	(b) The memorandum of understanding entered into under
475	475	Subsection (a), at a minimum, must:
476	476	(1) address the interaction of the office with that
477	477	portion of the commission that conducts an internal audit under
478	478	Section 61.0331;
479	479	(2) address communication between the office and the
480	480	commission concerning individual situations involving children
481	481	committed to the commission and how those situations will be
482	482	documented and handled;
483	483	(3) contain guidelines on the office's role in
484	484	relevant working groups and policy development decisions at the
485	485	commission;
486	486	(4) ensure opportunities for sharing information
487	487	between the office and the commission for the purposes of assuring
488	488	quality and improving programming within the commission; and
489	489	(5) preserve the independence of the office by
490	490	authorizing the office to withhold information concerning matters
491	491	under active investigation by the office from the commission and
492	492	commission staff and to report the information to the governor.
493	493	ARTICLE 3. TEXAS JUVENILE PROBATION COMMISSION
494	494	SECTION 3.001. Section 141.011(a), Human Resources Code, is
495	495	amended to read as follows:
496	496	(a) The commission consists of:
497	497	(1) two district court judges who sit as juvenile
498	498	court judges;
499	499	(2) two county judges or commissioners; [and]
500	500	(3) one chief juvenile probation officer;
501	501	(4) one mental health treatment professional licensed
502	502	under Subtitle B or I, Title 3, Occupations Code;
503	503	(5) one educator, as that term is defined by Section
504	504	5.001, Education Code;
505	505	(6) one member who represents an organization that
506	506	advocates on behalf of juvenile offenders or victims of delinquent
507	507	or criminal conduct; and
508	508	(7) one member [five members] of the public who is
509	509	[are] not an employee [employees] in the criminal or juvenile
510	510	justice system and is recognized in the community for the person's
511	511	interest in youth.
512	512	SECTION 3.002. Section 141.012, Human Resources Code, is
513	513	amended to read as follows:
514	514	Sec. 141.012. SUNSET PROVISION. (a) The Texas Juvenile
515	515	Probation Commission is subject to Chapter 325, Government Code
516	516	(Texas Sunset Act). Unless continued in existence as provided by
517	517	that chapter, the commission is abolished and this chapter expires
518	518	September 1, 2011 [2009].
519	519	(b) In the review of the Texas Juvenile Probation Commission
520	520	by the Sunset Advisory Commission, as required by this section, the
521	521	sunset commission shall focus its review on the following:
522	522	(1) the commission's compliance with Chapter 263 (S.B.
523	523	103), Acts of the 80th Legislature, Regular Session, 2007;
524	524	(2) requirements placed on the agency by legislation
525	525	enacted by the 81st Legislature, Regular Session, 2009, that
526	526	becomes law, including implementation of programs for the diversion
527	527	of youth from the Texas Youth Commission; and
528	528	(3) initiatives of the commission and the Texas Youth
529	529	Commission in coordinating activities and services to better
530	530	integrate Texas Juvenile Probation Commission, Texas Youth
531	531	Commission, and county juvenile justice functions, including joint
532	532	strategic planning, the sharing of youth data across youth-serving
533	533	agencies, assessment and classification of youth, and collection of
534	534	data on probation outcomes.
535	535	(c) In its report to the 82nd Legislature, the sunset
536	536	commission may include any recommendations it considers
537	537	appropriate. This subsection and Subsection (b) expire September 1,
538	538	2011.
539	539	SECTION 3.003. Section 141.014, Human Resources Code, is
540	540	amended to read as follows:
541	541	Sec. 141.014. RESTRICTIONS ON COMMISSION APPOINTMENT,
542	542	MEMBERSHIP, AND EMPLOYMENT. (a) A person may not be [is not
543	543	eligible for appointment or service as] a public member of the
544	544	commission if the person or the person's spouse:
545	545	(1) owns or controls, directly or indirectly, more
546	546	than a 10 percent interest in a business entity or other
547	547	organization regulated by or receiving money from the commission
548	548	[or receiving funds from the commission]; [or]
549	549	(2) uses or receives a substantial amount of tangible
550	550	goods, services, or funds from the commission, other than
551	551	compensation or reimbursement authorized by law for commission
552	552	membership, attendance, or expenses;
553	553	(3) is registered, certified, or licensed by a
554	554	regulatory agency in the field of criminal or juvenile justice; or
555	555	(4) is employed by or participates in the management
556	556	of a business entity or other organization regulated by or
557	557	receiving money from the commission.
558	558	(b) A person may not be a member of the commission and may
559	559	not be a commission employee employed in a "bona fide executive,
560	560	administrative, or professional capacity," as that phrase is used
561	561	for purposes of establishing an exemption to the overtime
562	562	provisions of the federal Fair Labor Standards Act of 1938 (29
563	563	U.S.C. Section 201 et seq.), if:
564	564	(1) the person is an officer, employee, or paid
565	565	consultant of a Texas trade association in the field of criminal or
566	566	juvenile justice; or
567	567	(2) the person's spouse is an officer, manager, or paid
568	568	consultant of a Texas trade association in the field of criminal or
569	569	juvenile justice [An officer, employee, or paid consultant of a
570	570	trade association in the field of criminal or juvenile justice may
571	571	not be a member or employee of the commission].
572	572	(c) [A person who is the spouse of an officer, employee, or
573	573	paid consultant of a trade association in the field of criminal or
574	574	juvenile justice may not be a commission member or a commission
575	575	employee, including exempt employees, compensated at grade 17 or
576	576	over according to the position classification schedule under the
577	577	General Appropriations Act.
578	578	[(d)] A person may not serve as a member of the commission or
579	579	act as the general counsel to the commission if the person is
580	580	required to register as a lobbyist under Chapter 305, Government
581	581	Code, because of the person's activities for compensation in or on
582	582	behalf of a profession related to the operation of the commission.
583	583	(d) [(e)] In this section, "Texas trade association" means
584	584	a [nonprofit,] cooperative and [,] voluntarily joined statewide
585	585	association of business or professional competitors in this state
586	586	designed to assist its members and its industry or profession in
587	587	dealing with mutual or professional problems and in promoting their
588	588	common interest.
589	589	SECTION 3.004. Section 141.0145, Human Resources Code, is
590	590	amended to read as follows:
591	591	Sec. 141.0145. TRAINING FOR COMMISSION MEMBERS. (a) A [To
592	592	be eligible to take office as a member of the commission, a] person
593	593	who is appointed to and qualifies for office as a member of the
594	594	commission may not vote, deliberate, or be counted as a member in
595	595	attendance at a meeting of the commission until the person
596	596	completes [must complete at least one course of] a training program
597	597	that complies with this section.
598	598	(b) The training program must provide information to the
599	599	person regarding:
600	600	(1) the [enabling] legislation that created the
601	601	commission [and its policymaking body to which the person is
602	602	appointed to serve];
603	603	(2) the programs operated by the commission;
604	604	(3) the roles [role] and functions of the commission;
605	605	(4) [the rules of the commission with an emphasis on
606	606	the rules that relate to disciplinary and investigatory authority;
607	607	[(5)] the [current] budget of [for] the commission;
608	608	(5) [(6)] the results of the most recent formal audit
609	609	of the commission;
610	610	(6) [(7)] the requirements of law relating to open
611	611	meetings, public information, administrative procedure, and
612	612	conflicts of interest [the:
613	613	[(A) open meetings law, Chapter 551, Government
614	614	Code;
615	615	[(B) open records law, Chapter 552, Government
616	616	Code; and
617	617	[(C) administrative procedure law, Chapter 2001,
618	618	Government Code]; and
619	619	(7) [(8) the requirements of the conflict of
620	620	interests laws and other laws relating to public officials; and
621	621	[(9)] any applicable ethics policies adopted by the
622	622	commission or the Texas Ethics Commission.
623	623	(c) A person appointed to the commission is entitled to
624	624	reimbursement, as provided in the General Appropriations Act, for
625	625	travel expenses incurred in attending the training program,
626	626	regardless of whether the attendance at the program occurs before
627	627	or after the person qualifies for office [as provided by the General
628	628	Appropriations Act and as if the person were a member of the
629	629	commission].
630	630	SECTION 3.005. Sections 141.017(a) and (c), Human Resources
631	631	Code, are amended to read as follows:
632	632	(a) It is a ground for removal from the commission if a
633	633	member:
634	634	(1) does not have at the time of taking office
635	635	[appointment] the qualifications required by Section 141.011;
636	636	(2) does not maintain during service on the commission
637	637	the qualifications required by Section 141.011 [is not eligible for
638	638	appointment to or service on the commission as provided by Section
639	639	141.014(a)];
640	640	(3) is ineligible for membership under Section 141.014
641	641	[violates a prohibition established by Section 141.014(b), (c), or
642	642	(d)];
643	643	(4) cannot, because of illness or disability,
644	644	discharge the member's duties for a substantial part of the term for
645	645	which the member is appointed [because of illness or disability];
646	646	or
647	647	(5) is absent from more than half of the regularly
648	648	scheduled commission meetings that the member is eligible to attend
649	649	during a calendar year unless the absence is excused by majority
650	650	vote of the commission.
651	651	(c) If the director has knowledge that a potential ground
652	652	for removal exists, the director shall notify the presiding officer
653	653	[chairman] of the commission of the potential ground. The
654	654	presiding officer [chairman] shall then notify the governor and the
655	655	attorney general that a potential ground for removal exists. If the
656	656	potential ground for removal involves the presiding officer
657	657	[chairman], the director shall notify the next highest officer of
658	658	the commission, who shall notify the governor and the attorney
659	659	general that a potential ground for removal exists.
660	660	SECTION 3.006. Section 141.022(b), Human Resources Code, is
661	661	amended to read as follows:
662	662	(b) The advisory council shall report any determinations
663	663	made under Subsection (c) to the members of the commission
664	664	appointed under Section 141.011 [the director].
665	665	SECTION 3.007. Subchapter B, Chapter 141, Human Resources
666	666	Code, is amended by adding Sections 141.027 through 141.029 to read
667	667	as follows:
668	668	Sec. 141.027. COMPLAINTS. (a) The commission shall
669	669	maintain a system to promptly and efficiently act on complaints
670	670	filed with the commission, other than complaints received under
671	671	Section 141.049. The commission shall maintain information about
672	672	parties to the complaint, the subject matter of the complaint, a
673	673	summary of the results of the review or investigation of the
674	674	complaint, and its disposition.
675	675	(b) The commission shall make information available
676	676	describing its procedures for complaint investigation and
677	677	resolution.
678	678	(c) The commission shall periodically notify the complaint
679	679	parties of the status of the complaint until final disposition.
680	680	Sec. 141.028. USE OF TECHNOLOGY. The commission shall
681	681	implement a policy requiring the commission to use appropriate
682	682	technological solutions to improve the commission's ability to
683	683	perform its functions. The policy must ensure that the public is
684	684	able to interact with the commission on the Internet.
685	685	Sec. 141.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
686	686	RESOLUTION. (a) The commission shall develop and implement a
687	687	policy to encourage the use of:
688	688	(1) negotiated rulemaking procedures under Chapter
689	689	2008, Government Code, for the adoption of commission rules; and
690	690	(2) appropriate alternative dispute resolution
691	691	procedures under Chapter 2009, Government Code, to assist in the
692	692	resolution of internal and external disputes under the commission's
693	693	jurisdiction.
694	694	(b) The commission's procedures relating to alternative
695	695	dispute resolution must conform, to the extent possible, to any
696	696	model guidelines issued by the State Office of Administrative
697	697	Hearings for the use of alternative dispute resolution by state
698	698	agencies.
699	699	(c) The commission shall designate a trained person to:
700	700	(1) coordinate the implementation of the policy
701	701	adopted under Subsection (a);
702	702	(2) serve as a resource for any training needed to
703	703	implement the procedures for negotiated rulemaking or alternative
704	704	dispute resolution; and
705	705	(3) collect data concerning the effectiveness of those
706	706	procedures, as implemented by the commission.
707	707	SECTION 3.008. Section 141.042, Human Resources Code, is
708	708	amended by amending Subsections (a), (e), and (h) and adding
709	709	Subsections (d), (f), (i), and (j) to read as follows:
710	710	(a) The commission shall adopt reasonable rules that
711	711	provide:
712	712	(1) minimum standards for personnel, staffing, case
713	713	loads, programs, facilities, record keeping, equipment, and other
714	714	aspects of the operation of a juvenile board that are necessary to
715	715	provide adequate and effective probation services;
716	716	(2) a code of ethics for probation and detention
717	717	officers and for the enforcement of that code;
718	718	(3) appropriate educational, preservice and
719	719	in-service training, and certification standards for probation and
720	720	detention officers or court-supervised community-based program
721	721	personnel;
722	722	(4) subject to Subsection (d), minimum standards for
723	723	public and private juvenile pre-adjudication secure detention
724	724	facilities, public juvenile post-adjudication secure correctional
725	725	facilities that are operated under the authority of a juvenile
726	726	board or governmental unit, [and] private juvenile
727	727	post-adjudication secure correctional facilities operated under a
728	728	contract with a governmental unit, except those facilities exempt
729	729	from certification by Section 42.052(g), and nonsecure
730	730	correctional facilities operated by or under contract with a
731	731	governmental unit; and
732	732	(5) minimum standards for juvenile justice
733	733	alternative education programs created under Section 37.011,
734	734	Education Code, in collaboration and conjunction with the Texas
735	735	Education Agency, or its designee.
736	736	(d) In adopting rules under Subsection (a)(4), the
737	737	commission shall ensure that the minimum standards for facilities
738	738	described by Subsection (a)(4) are designed to ensure that
739	739	juveniles confined in those facilities are provided the rights,
740	740	benefits, responsibilities, and privileges to which a juvenile is
741	741	entitled under the United States Constitution, federal law, and the
742	742	constitution and laws of this state. The minimum standards must
743	743	include a humane physical and psychological environment, safe
744	744	conditions of confinement, protection from harm, adequate
745	745	rehabilitation and education, adequate medical and mental health
746	746	treatment, and due process of law.
747	747	(e) Juvenile probation departments shall use the mental
748	748	health screening instrument selected by the commission for the
749	749	initial screening of children under the jurisdiction of probation
750	750	departments who have been formally referred to the department. The
751	751	commission shall give priority to training in the use of this
752	752	instrument in any preservice or in-service training that the
753	753	commission provides for probation officers. A clinical assessment
754	754	by a licensed mental health professional may be substituted for the
755	755	mental health screening instrument selected by the commission if
756	756	the clinical assessment is performed in the time prescribed by the
757	757	commission[. Juvenile probation departments shall report data from
758	758	the use of the screening instrument or the clinical assessment to
759	759	the commission in a format and in the time prescribed by the
760	760	commission].
761	761	(f) A juvenile probation department must, before the
762	762	disposition of a child's case and using a validated risk and needs
763	763	assessment instrument or process provided or approved by the
764	764	commission, complete a risk and needs assessment for each child
765	765	under the jurisdiction of the juvenile probation department.
766	766	(h) A juvenile board that does not accept state aid funding
767	767	from the commission under Section 141.081 shall report to the
768	768	commission each month on a form provided by the commission the same
769	769	data as that required of counties accepting state aid funding
770	770	regarding juvenile justice activities under the jurisdiction of the
771	771	juvenile board. If the commission makes available free software to
772	772	the juvenile board for the automation and tracking of juveniles
773	773	under the jurisdiction of the juvenile board, the commission may
774	774	require the monthly report to be provided in an electronic format
775	775	adopted by [rule by] the commission.
776	776	(i) A juvenile probation department shall report data from
777	777	the use of the screening instrument or clinical assessment under
778	778	Subsection (e) and the risk and needs assessment under Subsection
779	779	(f) to the commission in the format and at the time prescribed by
780	780	the commission.
781	781	(j) The commission shall adopt rules to ensure that youth in
782	782	the juvenile justice system are assessed using the screening
783	783	instrument or clinical assessment under Subsection (e) and the risk
784	784	and needs assessment under Subsection (f).
785	785	SECTION 3.009. Subchapter C, Chapter 141, Human Resources
786	786	Code, is amended by amending Section 141.0471 and adding Section
787	787	141.0472 to read as follows:
788	788	Sec. 141.0471. COORDINATED STRATEGIC PLANNING COMMITTEE
789	789	[PLAN FOR JUVENILE JUSTICE SYSTEM]. (a) The director [commission]
790	790	and the executive director of the Texas Youth Commission shall
791	791	jointly appoint a strategic planning committee to biennially
792	792	develop a coordinated strategic plan which shall guide, but not
793	793	substitute for, the strategic plans developed individually by the
794	794	agencies. The director and the executive director of the Texas
795	795	Youth Commission are co-presiding officers of the strategic
796	796	planning committee.
797	797	(b) The director shall appoint four members to the strategic
798	798	planning committee. The director shall appoint at least:
799	799	(1) one committee member who represents the interests
800	800	of families of juvenile offenders;
801	801	(2) one committee member who represents the interests
802	802	of local juvenile probation departments; and
803	803	(3) one committee member who is a mental health
804	804	treatment professional licensed under Subtitle B or I, Title 3,
805	805	Occupations Code.
806	806	(c) The executive director of the Texas Youth Commission
807	807	shall appoint four members to the strategic planning committee.
808	808	The executive director shall appoint at least:
809	809	(1) one committee member who represents the interests
810	810	of juvenile offenders;
811	811	(2) one committee member who represents the interests
812	812	of the victims of delinquent or criminal conduct; and
813	813	(3) one committee member who is an educator as defined
814	814	by Section 5.001, Education Code.
815	815	Sec. 141.0472. COORDINATED STRATEGIC PLAN; ADOPTION OF
816	816	PLAN. (a) [(b)] The coordinated strategic plan developed by the
817	817	strategic planning committee under Section 141.0471 must [shall]:
818	818	(1) identify short-term and long-term policy goals;
819	819	(2) identify time frames and strategies for meeting
820	820	the goals identified under Subdivision (1);
821	821	(3) estimate population projections, including
822	822	projections of population characteristics;
823	823	(4) estimate short-term and long-term capacity,
824	824	programmatic, and funding needs;
825	825	(5) describe intensive service and surveillance
826	826	parole pilot programs to be jointly developed;
827	827	(6) include an evaluation of aftercare services
828	828	emphasizing concrete outcome measures, including recidivism and
829	829	educational progress;
830	830	(7) identify objective criteria for the various
831	831	decision points throughout the continuum of juvenile justice
832	832	services and sanctions to guard against disparate treatment of
833	833	minority youth; [and]
834	834	(8) identify cross-agency outcome measures by which to
835	835	evaluate the effectiveness of the system generally;
836	836	(9) include a plan of implementation for the
837	837	development of common data sources and data sharing among the
838	838	commission, juvenile probation departments, the Texas Youth
839	839	Commission, the Department of Family and Protective Services, the
840	840	Department of State Health Services, the Health and Human Services
841	841	Commission, the Texas Education Agency, and other state agencies
842	842	that serve youth in the juvenile justice system;
843	843	(10) include the development of new, or the
844	844	improvement of existing, validated risk assessment instruments;
845	845	(11) include strategies to determine which programs
846	846	are most effective in rehabilitating youth in the juvenile justice
847	847	system;
848	848	(12) include planning for effective aftercare
849	849	programs and services, including ensuring that youth in the
850	850	juvenile justice system have personal identification and
851	851	appropriate referrals to service providers; and
852	852	(13) track performance measures to illustrate the
853	853	costs of different levels of treatment and to identify the most
854	854	cost-effective programs in each component of the juvenile justice
855	855	system in this state.
856	856	(b) In addition to the information described by Subsection
857	857	(a), the coordinated strategic plan must include specific processes
858	858	and procedures for routinely communicating juvenile justice system
859	859	information between the commission and the Texas Youth Commission
860	860	and determining opportunities to coordinate practices for
861	861	improving outcomes for youth.
862	862	(c) The governing boards [board] of the commission [Texas
863	863	Juvenile Probation Commission] and the [executive commissioner of
864	864	the] Texas Youth Commission shall review and adopt the coordinated
865	865	strategic plan on or before December 1st of each odd-numbered year,
866	866	or before the adoption of the agency's individual strategic plan,
867	867	whichever is earlier.
868	868	SECTION 3.010. Section 141.049, Human Resources Code, is
869	869	amended to read as follows:
870	870	Sec. 141.049. COMPLAINTS RELATING TO JUVENILE BOARDS. (a)
871	871	The commission shall maintain a system to promptly and efficiently
872	872	act on a [keep an information file about each] complaint filed with
873	873	the commission relating to a juvenile board funded by the
874	874	commission. The commission shall maintain information about
875	875	parties to the complaint, a summary of the results of the review or
876	876	investigation of the complaint, and the disposition of the
877	877	complaint.
878	878	(b) The commission shall make information available
879	879	describing the commission's procedures for the investigation and
880	880	resolution of a complaint filed with the commission relating to a
881	881	juvenile board funded by the commission.
882	882	(c) The commission shall investigate the allegations in the
883	883	complaint and make a determination of whether there has been a
884	884	violation of the commission's rules relating to juvenile probation
885	885	programs, services, or facilities.
886	886	(d) [(b)] If a written complaint is filed with the
887	887	commission relating to a juvenile board funded by the commission,
888	888	the commission[, at least quarterly and until final disposition of
889	889	the complaint,] shall periodically notify the complainant and the
890	890	juvenile board of the status of the complaint until final
891	891	disposition, unless notice would jeopardize an undercover
892	892	investigation.
893	893	SECTION 3.011. Section 141.050, Human Resources Code, is
894	894	amended by adding Subsection (c) to read as follows:
895	895	(c) The commission shall consider the past performance of a
896	896	juvenile board when contracting with the juvenile board for local
897	897	probation services other than basic probation services. In
898	898	addition to the contract standards described by Subsection (a), a
899	899	contract with a juvenile board for probation services other than
900	900	basic probation services must:
901	901	(1) include specific performance targets for the
902	902	juvenile board based on the juvenile board's historic performance
903	903	of the services; and
904	904	(2) require a juvenile board to report on the juvenile
905	905	board's success in meeting the performance targets described by
906	906	Subdivision (1).
907	907	SECTION 3.012. Subchapter C, Chapter 141, Human Resources
908	908	Code, is amended by adding Sections 141.057, 141.058, and 141.059
909	909	to read as follows:
910	910	Sec. 141.057. DATA COLLECTION. (a) The commission shall
911	911	collect comprehensive data concerning the outcomes of local
912	912	probation programs throughout the state.
913	913	(b) Data collected under Subsection (a) must include:
914	914	(1) a description of the types of programs and
915	915	services offered by a juvenile probation department, including a
916	916	description of the components of each program or service offered;
917	917	and
918	918	(2) to the extent possible, the rate at which
919	919	juveniles who enter or complete juvenile probation are later
920	920	committed to the custody of the state.
921	921	Sec. 141.058. QUARTERLY REPORT ON ABUSE, NEGLECT, AND
922	922	EXPLOITATION. (a) On January 1, 2010, and quarterly after that
923	923	date, the commission shall prepare and deliver a report to the board
924	924	concerning the final outcome of any complaint received under
925	925	Section 261.405, Family Code, that concerns the abuse, neglect, or
926	926	exploitation of a juvenile. The report must include a summary of
927	927	the actions performed by the commission and any applicable juvenile
928	928	board or juvenile probation department in resolving the complaint.
929	929	(b) A report prepared under Subsection (a) is public
930	930	information under Chapter 552, Government Code, only to the extent
931	931	authorized by that chapter.
932	932	Sec. 141.059. RESIDENTIAL TREATMENT FACILITY. (a) The
933	933	commission may contract with a local mental health and mental
934	934	retardation authority that, on April 1, 2009, had an unutilized or
935	935	underutilized residential treatment facility, for the
936	936	establishment of a residential treatment facility for juveniles
937	937	with mental illness or emotional injury who, as a condition of
938	938	juvenile probation, are ordered by a court to reside at the facility
939	939	and receive education services at the facility. The commission may
940	940	work in cooperation with the local mental health and mental
941	941	retardation authority to provide mental health residential
942	942	treatment services for juveniles residing at a facility established
943	943	under this section.
944	944	(b) A residential treatment facility established under this
945	945	section must provide juveniles receiving treatment at the facility:
946	946	(1) a short-term program of mental health
947	947	stabilization that does not exceed 150 days in duration; and
948	948	(2) all educational opportunities and services,
949	949	including special education instruction and related services, that
950	950	a school district is required under state or federal law to provide
951	951	for students residing in the district through a charter school
952	952	operated in accordance with and subject to Subchapter D, Chapter
953	953	12, Education Code.
954	954	(c) If a residential treatment facility established under
955	955	this section is unable to provide adequate and sufficient
956	956	educational opportunities and services to juveniles residing at the
957	957	facility, the facility may not continue to operate beyond the end of
958	958	the school year in which the opportunities or services provided by
959	959	the facility are determined to be inadequate or insufficient.
960	960	(d) Notwithstanding any other law and in addition to the
961	961	number of charters allowed under Subchapter D, Chapter 12,
962	962	Education Code, the State Board of Education shall grant a charter
963	963	on the application of a residential treatment facility established
964	964	under this section for a school chartered for the purposes of this
965	965	section.
966	966	SECTION 3.013. The heading to Subchapter D, Chapter 141,
967	967	Human Resources Code, is amended to read as follows:
968	968	SUBCHAPTER D. PROVISIONS RELATING TO CERTAIN [JUVENILE PROBATION]
969	969	OFFICERS AND EMPLOYEES
970	970	SECTION 3.014. Section 141.061(a), Human Resources Code, is
971	971	amended to read as follows:
972	972	(a) To be eligible for appointment as a probation officer, a
973	973	person who was not employed as a probation officer before September
974	974	1, 1981, must:
975	975	(1) be of good moral character;
976	976	(2) have acquired a bachelor's degree conferred by a
977	977	college or university accredited by an accrediting organization
978	978	recognized by the Texas Higher Education Coordinating Board;
979	979	(3) have either:
980	980	(A) one year of graduate study in criminology,
981	981	corrections, counseling, law, social work, psychology, sociology,
982	982	or other field of instruction approved by the commission; or
983	983	(B) one year of experience in full-time case
984	984	work, counseling, or community or group work:
985	985	(i) in a social service, community,
986	986	corrections, or juvenile agency that deals with offenders or
987	987	disadvantaged persons; and
988	988	(ii) that the commission determines
989	989	provides the kind of experience necessary to meet this requirement;
990	990	(4) have satisfactorily completed the course of
991	991	preservice training or instruction and any continuing education
992	992	required by the commission;
993	993	(5) have passed the tests or examinations required by
994	994	the commission; and
995	995	(6) possess the level of certification required by the
996	996	commission.
997	997	SECTION 3.015. Subchapter D, Chapter 141, Human Resources
998	998	Code, is amended by adding Section 141.0612 to read as follows:
999	999	Sec. 141.0612. MINIMUM STANDARDS FOR CERTAIN EMPLOYEES OF
1000	1000	NONSECURE CORRECTIONAL FACILITIES. (a) The commission by rule
1001	1001	shall adopt certification standards for persons who are employed in
1002	1002	nonsecure correctional facilities that accept only juveniles who
1003	1003	are on probation and that are operated by or under contract with a
1004	1004	governmental unit, as defined by Section 101.001, Civil Practice
1005	1005	and Remedies Code.
1006	1006	(b) The certification standards adopted under Subsection
1007	1007	(a) must be substantially similar to the certification requirements
1008	1008	for detention officers under Section 141.0611.
1009	1009	SECTION 3.016. Section 141.064, Human Resources Code, is
1010	1010	amended to read as follows:
1011	1011	Sec. 141.064. REVOCATION OR SUSPENSION OF CERTIFICATION.
1012	1012	(a) The commission may revoke or suspend a certification, or
1013	1013	reprimand a certified officer:
1014	1014	(1) [,] for a violation of this chapter or a commission
1015	1015	rule; or
1016	1016	(2) if, under Subsection (c), a panel determines that
1017	1017	continued certification of the person threatens juveniles in the
1018	1018	juvenile justice system.
1019	1019	(b) The commission may place on probation a person whose
1020	1020	certification is suspended. If the suspension is probated, the
1021	1021	commission may require the person to:
1022	1022	(1) report regularly to the commission on matters that
1023	1023	are the basis of the probation; and
1024	1024	(2) continue or review professional education until
1025	1025	the person attains a degree of skill satisfactory to the commission
1026	1026	in those areas that are the basis of the probation.
1027	1027	(c) The director may convene, in person or telephonically, a
1028	1028	panel of three commission members to determine if a person's
1029	1029	continued certification threatens juveniles in the juvenile
1030	1030	justice system. If the panel determines that the person's
1031	1031	continued certification threatens juveniles in the juvenile
1032	1032	justice system, the person's license is temporarily suspended until
1033	1033	an administrative hearing is held as soon as possible under
1034	1034	Subsection (d). The director may convene a panel under this
1035	1035	subsection only if the danger posed by the person's continued
1036	1036	certification is imminent. The panel may hold a telephonic meeting
1037	1037	only if immediate action is required and convening the panel at one
1038	1038	location is inconvenient for any member of the panel.
1039	1039	(d) A person is entitled to a hearing before the State
1040	1040	Office of Administrative Hearings [commission or a hearings officer
1041	1041	appointed by the commission] if the commission proposes to suspend
1042	1042	or revoke the person's certification.
1043	1043	(e) A person may appeal a ruling or order issued under this
1044	1044	section to a district court in the county in which the person
1045	1045	resides or in Travis County. The standard of review is under the
1046	1046	substantial evidence rule. [The commission shall prescribe
1047	1047	procedures by which each decision to suspend or revoke is made by or
1048	1048	is appealable to the commission.]
1049	1049	SECTION 3.017. Section 141.081, Human Resources Code, is
1050	1050	amended by adding Subsection (d) to read as follows:
1051	1051	(d) The commission by rule shall, not later than September
1052	1052	1, 2010, establish one or more basic probation services funding
1053	1053	formulas and one or more community corrections funding formulas.
1054	1054	The funding formulas established under this subsection must include
1055	1055	each grant for which the commission, on or before September 1, 2009,
1056	1056	established an allocation formula.
1057	1057	ARTICLE 4. MISCELLANEOUS PROVISIONS
1058	1058	SECTION 4.001. Chapter 13, Code of Criminal Procedure, is
1059	1059	amended by adding Article 13.34 to read as follows:
1060	1060	Art. 13.34. CERTAIN OFFENSES COMMITTED AGAINST CHILD
1061	1061	COMMITTED TO TEXAS YOUTH COMMISSION. An offense described by
1062	1062	Article 104.003(a) committed by an employee or officer of the Texas
1063	1063	Youth Commission or a person providing services under a contract
1064	1064	with the commission against a child committed to the commission may
1065	1065	be prosecuted in:
1066	1066	(1) any county in which an element of the offense
1067	1067	occurred; or
1068	1068	(2) Travis County.
1069	1069	SECTION 4.002. Section 29.012, Education Code, is amended
1070	1070	by adding Subsection (e) to read as follows:
1071	1071	(e) This section does not apply to a residential treatment
1072	1072	facility for juveniles established under Section 141.059, Human
1073	1073	Resources Code.
1074	1074	SECTION 4.003. Subchapter E, Chapter 30, Education Code, is
1075	1075	amended by adding Section 30.106 to read as follows:
1076	1076	Sec. 30.106. READING AND BEHAVIOR PLAN. (a) Because
1077	1077	learning and behavior are inextricably linked and learning and
1078	1078	improved behavior correlate with decreased recidivism rates, the
1079	1079	Texas Youth Commission shall not only fulfill the commission's
1080	1080	duties under state and federal law to provide general and special
1081	1081	educational services to students in commission educational
1082	1082	programs but also shall implement a comprehensive plan to improve
1083	1083	the reading skills and behavior of those students.
1084	1084	(b) To improve the reading skills of students in Texas Youth
1085	1085	Commission educational programs, the commission shall:
1086	1086	(1) adopt a reliable battery of reading assessments
1087	1087	that:
1088	1088	(A) are based on a normative sample appropriate
1089	1089	to students in commission educational programs;
1090	1090	(B) are designed to be administered on an
1091	1091	individual basis; and
1092	1092	(C) allow school employees to:
1093	1093	(i) evaluate performance in each essential
1094	1094	component of effective reading instruction, including phonemic
1095	1095	awareness, phonics, fluency, vocabulary, and comprehension;
1096	1096	(ii) monitor progress in areas of
1097	1097	deficiency specific to an individual student; and
1098	1098	(iii) provide reading performance data;
1099	1099	(2) administer the assessments adopted under
1100	1100	Subdivision (1):
1101	1101	(A) at periodic intervals not to exceed 12
1102	1102	months, to each student in a commission educational program; and
1103	1103	(B) at least 15 days and not more than 30 days
1104	1104	before a student is released from the commission;
1105	1105	(3) provide at least 60 minutes per school day of
1106	1106	individualized reading instruction to each student in a commission
1107	1107	educational program who exhibits deficits in reading on the
1108	1108	assessments adopted under Subdivision (1):
1109	1109	(A) by trained educators with expertise in
1110	1110	teaching reading to struggling adolescent readers; and
1111	1111	(B) through the use of scientifically based,
1112	1112	peer-reviewed reading curricula that:
1113	1113	(i) have proven effective in improving the
1114	1114	reading performance of struggling adolescent readers;
1115	1115	(ii) address individualized and
1116	1116	differentiated reading goals; and
1117	1117	(iii) include each of the essential
1118	1118	components of effective reading instruction, including phonemic
1119	1119	awareness, phonics, fluency, vocabulary, and comprehension;
1120	1120	(4) require each teacher in a commission regular or
1121	1121	special educational program who teaches English language arts,
1122	1122	reading, mathematics, science, social studies, or career and
1123	1123	technology education to be trained in incorporating content area
1124	1124	reading instruction using empirically validated instructional
1125	1125	methods that are appropriate for struggling adolescent readers; and
1126	1126	(5) evaluate the effectiveness of the commission's
1127	1127	plan to increase reading skills according to the following
1128	1128	criteria:
1129	1129	(A) an adequate rate of improvement in reading
1130	1130	performance, as measured by monthly progress monitoring using
1131	1131	curricular-based assessments in each of the essential components of
1132	1132	effective reading instruction, including phonemic awareness,
1133	1133	phonics, fluency, vocabulary, and comprehension;
1134	1134	(B) a significant annual rate of improvement in
1135	1135	reading performance, disaggregated by subgroups designated under
1136	1136	commission rule, as measured using the battery of reading
1137	1137	assessments adopted under Subdivision (1); and
1138	1138	(C) student ratings of the quality and impact of
1139	1139	the reading plan under this subsection, as measured on a student
1140	1140	self-reporting instrument.
1141	1141	(c) To increase the positive social behaviors of students in
1142	1142	Texas Youth Commission educational programs and to create an
1143	1143	educational environment that facilitates learning, the commission
1144	1144	shall:
1145	1145	(1) adopt system-wide classroom and individual
1146	1146	positive behavior supports that incorporate a continuum of
1147	1147	prevention and intervention strategies that:
1148	1148	(A) are based on current behavioral research; and
1149	1149	(B) are systematically and individually applied
1150	1150	to students consistent with the demonstrated level of need;
1151	1151	(2) require each teacher and other educational staff
1152	1152	member in a commission educational program to be trained in
1153	1153	implementing the positive behavior support system adopted under
1154	1154	Subdivision (1); and
1155	1155	(3) adopt valid assessment techniques to evaluate the
1156	1156	effectiveness of the positive behavior support system according to
1157	1157	the following criteria:
1158	1158	(A) documentation of school-related disciplinary
1159	1159	referrals, disaggregated by the type, location, and time of
1160	1160	infraction and by subgroups designated under commission rule;
1161	1161	(B) documentation of school-related disciplinary
1162	1162	actions, including time-out, placement in security, and use of
1163	1163	restraints and other aversive control measures, disaggregated by
1164	1164	subgroups designated under commission rule;
1165	1165	(C) validated measurement of systemic positive
1166	1166	behavioral support interventions; and
1167	1167	(D) the number of minutes students are out of the
1168	1168	regular classroom because of disciplinary reasons.
1169	1169	(d) The Texas Youth Commission shall consult with faculty
1170	1170	from institutions of higher education who have expertise in reading
1171	1171	instruction for adolescents, in juvenile corrections, and in
1172	1172	positive behavior supports to develop and implement the plan under
1173	1173	Subsections (b) and (c).
1174	1174	(e) A student in a Texas Youth Commission educational
1175	1175	program may not be released on parole from the commission unless the
1176	1176	student participates, to the extent required by commission rule, in
1177	1177	the positive behavior support system under Subsection (c). A
1178	1178	student in a commission educational program who exhibits deficits
1179	1179	in reading on the assessments adopted under Subsection (b)(1) must
1180	1180	also participate in reading instruction to the extent required by
1181	1181	this section and by commission rule before the student may be
1182	1182	released on parole.
1183	1183	(f) Not later than December 1, 2010, the Texas Youth
1184	1184	Commission shall report to the legislature concerning:
1185	1185	(1) the effectiveness of the commission's reading plan
1186	1186	based on the criteria specified by Subsection (b)(5); and
1187	1187	(2) the implementation of the positive behavior
1188	1188	support system plan under Subsection (c).
1189	1189	(g) Not later than December 1, 2012, the Texas Youth
1190	1190	Commission shall report to the legislature concerning the
1191	1191	effectiveness of the positive behavior support system based on the
1192	1192	criteria specified by Subsection (c)(3).
1193	1193	(h) Subsections (f) and (g) and this subsection expire
1194	1194	January 1, 2013.
1195	1195	SECTION 4.004. Section 51.02, Family Code, is amended by
1196	1196	adding Subdivision (8-a) to read as follows:
1197	1197	(8-a) "Nonsecure correctional facility" means a
1198	1198	facility, other than a secure correctional facility, that accepts
1199	1199	only juveniles who are on probation and that is operated by or under
1200	1200	contract with a governmental unit, as defined by Section 101.001,
1201	1201	Civil Practice and Remedies Code.
1202	1202	SECTION 4.005. Chapter 51, Family Code, is amended by
1203	1203	adding Section 51.126 to read as follows:
1204	1204	Sec. 51.126. NONSECURE CORRECTIONAL FACILITIES. (a) A
1205	1205	nonsecure correctional facility for juvenile offenders may be
1206	1206	operated only by:
1207	1207	(1) a governmental unit, as defined by Section
1208	1208	101.001, Civil Practice and Remedies Code; or
1209	1209	(2) a private entity under a contract with a
1210	1210	governmental unit in this state.
1211	1211	(b) In each county, each judge of the juvenile court and a
1212	1212	majority of the members of the juvenile board shall personally
1213	1213	inspect, at least annually, all nonsecure correctional facilities
1214	1214	that are located in the county and shall certify in writing to the
1215	1215	authorities responsible for operating and giving financial support
1216	1216	to the facilities and to the Texas Juvenile Probation Commission
1217	1217	that the facility or facilities are suitable or unsuitable for the
1218	1218	confinement of children. In determining whether a facility is
1219	1219	suitable or unsuitable for the confinement of children, the
1220	1220	juvenile court judges and juvenile board members shall consider:
1221	1221	(1) current monitoring and inspection reports and any
1222	1222	noncompliance citation reports issued by the Texas Juvenile
1223	1223	Probation Commission, including the report provided under
1224	1224	Subsection (c), and the status of any required corrective actions;
1225	1225	and
1226	1226	(2) the other factors described under Sections
1227	1227	51.12(c)(2)-(7).
1228	1228	(c) The Texas Juvenile Probation Commission shall annually
1229	1229	inspect each nonsecure correctional facility. The Texas Juvenile
1230	1230	Probation Commission shall provide a report to each juvenile court
1231	1231	judge presiding in the same county as an inspected facility
1232	1232	indicating whether the facility is suitable or unsuitable for the
1233	1233	confinement of children in accordance with minimum professional
1234	1234	standards for the confinement of children in nonsecure confinement
1235	1235	promulgated by the Texas Juvenile Probation Commission or, at the
1236	1236	election of the juvenile board of the county in which the facility
1237	1237	is located, the current standards promulgated by the American
1238	1238	Correctional Association.
1239	1239	(d) A governmental unit or private entity that operates or
1240	1240	contracts for the operation of a juvenile nonsecure correctional
1241	1241	facility in this state under Subsection (a), except for a facility
1242	1242	operated by or under contract with the Texas Youth Commission,
1243	1243	shall:
1244	1244	(1) register the facility annually with the Texas
1245	1245	Juvenile Probation Commission; and
1246	1246	(2) adhere to all applicable minimum standards for the
1247	1247	facility.
1248	1248	(e) The Texas Juvenile Probation Commission may deny,
1249	1249	suspend, or revoke the registration of any facility required to
1250	1250	register under Subsection (d) if the facility fails to:
1251	1251	(1) adhere to all applicable minimum standards for the
1252	1252	facility; or
1253	1253	(2) timely correct any notice of noncompliance with
1254	1254	minimum standards.
1255	1255	SECTION 4.006. Chapter 614, Health and Safety Code, is
1256	1256	amended by adding Section 614.018 to read as follows:
1257	1257	Sec. 614.018. CONTINUITY OF CARE FOR JUVENILES WITH MENTAL
1258	1258	IMPAIRMENTS. (a) The Texas Juvenile Probation Commission, the
1259	1259	Texas Youth Commission, the Department of Public Safety, the
1260	1260	Department of State Health Services, the Department of Aging and
1261	1261	Disability Services, the Department of Family and Protective
1262	1262	Services, the Texas Education Agency, and local juvenile probation
1263	1263	departments shall adopt a memorandum of understanding that
1264	1264	establishes their respective responsibilities to institute a
1265	1265	continuity of care and service program for juveniles with mental
1266	1266	impairments in the juvenile justice system. The Texas Correctional
1267	1267	Office on Offenders with Medical and Mental Impairments shall
1268	1268	coordinate and monitor the development and implementation of the
1269	1269	memorandum of understanding.
1270	1270	(b) The memorandum of understanding must establish methods
1271	1271	for:
1272	1272	(1) identifying juveniles with mental impairments in
1273	1273	the juvenile justice system and collecting and reporting relevant
1274	1274	data to the office;
1275	1275	(2) developing interagency rules, policies, and
1276	1276	procedures for the coordination of care of and the exchange of
1277	1277	information on juveniles with mental impairments who are committed
1278	1278	to or treated, served, or supervised by the Texas Youth Commission,
1279	1279	the Texas Juvenile Probation Commission, the Department of Public
1280	1280	Safety, the Department of State Health Services, the Department of
1281	1281	Family and Protective Services, the Department of Aging and
1282	1282	Disability Services, the Texas Education Agency, local juvenile
1283	1283	probation departments, local mental health or mental retardation
1284	1284	authorities, and independent school districts; and
1285	1285	(3) identifying the services needed by juveniles with
1286	1286	mental impairments in the juvenile justice system.
1287	1287	(c) For purposes of this section, "continuity of care and
1288	1288	service program" includes:
1289	1289	(1) identifying the medical, psychiatric, or
1290	1290	psychological care or treatment needs and educational or
1291	1291	rehabilitative service needs of a juvenile with mental impairments
1292	1292	in the juvenile justice system;
1293	1293	(2) developing a plan for meeting the needs identified
1294	1294	under Subdivision (1); and
1295	1295	(3) coordinating the provision of continual
1296	1296	treatment, care, and services throughout the juvenile justice
1297	1297	system to juveniles with mental impairments.
1298	1298	SECTION 4.007. Sections 614.017(a) and (b), Health and
1299	1299	Safety Code, are amended to read as follows:
1300	1300	(a) An agency shall:
1301	1301	(1) accept information relating to a special needs
1302	1302	offender or a juvenile with a mental impairment that is sent to the
1303	1303	agency to serve the purposes of continuity of care and services
1304	1304	regardless of whether other state law makes that information
1305	1305	confidential; and
1306	1306	(2) disclose information relating to a special needs
1307	1307	offender or a juvenile with a mental impairment, including
1308	1308	information about the offender's or juvenile's identity, needs,
1309	1309	treatment, social, criminal, and vocational history, supervision
1310	1310	status and compliance with conditions of supervision, and medical
1311	1311	and mental health history, if the disclosure serves the purposes of
1312	1312	continuity of care and services.
1313	1313	(b) Information obtained under this section may not be used
1314	1314	as evidence in any juvenile or criminal proceeding, unless obtained
1315	1315	and introduced by other lawful evidentiary means.
1316	1316	SECTION 4.008. Section 614.017(c), Health and Safety Code,
1317	1317	is amended by amending Subdivision (1) and adding Subdivision (3)
1318	1318	to read as follows:
1319	1319	(1) "Agency" includes any of the following entities
1320	1320	and individuals, a person with an agency relationship with one of
1321	1321	the following entities or individuals, and a person who contracts
1322	1322	with one or more of the following entities or individuals:
1323	1323	(A) the Texas Department of Criminal Justice and
1324	1324	the Correctional Managed Health Care Committee;
1325	1325	(B) the Board of Pardons and Paroles;
1326	1326	(C) the Department of State Health Services;
1327	1327	(D) the Texas Juvenile Probation Commission;
1328	1328	(E) the Texas Youth Commission;
1329	1329	(F) the Department of Assistive and
1330	1330	Rehabilitative Services;
1331	1331	(G) the Texas Education Agency;
1332	1332	(H) the Commission on Jail Standards;
1333	1333	(I) the Department of Aging and Disability
1334	1334	Services;
1335	1335	(J) the Texas School for the Blind and Visually
1336	1336	Impaired;
1337	1337	(K) community supervision and corrections
1338	1338	departments and local juvenile probation departments;
1339	1339	(L) personal bond pretrial release offices
1340	1340	established under Article 17.42, Code of Criminal Procedure;
1341	1341	(M) local jails regulated by the Commission on
1342	1342	Jail Standards;
1343	1343	(N) a municipal or county health department;
1344	1344	(O) a hospital district;
1345	1345	(P) a judge of this state with jurisdiction over
1346	1346	juvenile or criminal cases;
1347	1347	(Q) an attorney who is appointed or retained to
1348	1348	represent a special needs offender or a juvenile with a mental
1349	1349	impairment;
1350	1350	(R) the Health and Human Services Commission;
1351	1351	(S) the Department of Information Resources;
1352	1352	[and]
1353	1353	(T) the bureau of identification and records of
1354	1354	the Department of Public Safety, for the sole purpose of providing
1355	1355	real-time, contemporaneous identification of individuals in the
1356	1356	Department of State Health Services client data base; and
1357	1357	(U) the Department of Family and Protective
1358	1358	Services.
1359	1359	(3) "Juvenile with a mental impairment" means a
1360	1360	juvenile with a mental impairment in the juvenile justice system.
1361	1361	SECTION 4.009. Section 614.009, Health and Safety Code, is
1362	1362	amended to read as follows:
1363	1363	Sec. 614.009. BIENNIAL REPORT. Not later than February 1 of
1364	1364	each odd-numbered year, the office shall present to the board and
1365	1365	file with the governor, lieutenant governor, and speaker of the
1366	1366	house of representatives a report giving the details of the
1367	1367	office's activities during the preceding biennium. The report must
1368	1368	include:
1369	1369	(1) an evaluation of any demonstration project
1370	1370	undertaken by the office;
1371	1371	(2) an evaluation of the progress made by the office
1372	1372	toward developing a plan for meeting the treatment, rehabilitative,
1373	1373	and educational needs of offenders with special needs;
1374	1374	(3) recommendations of the office made in accordance
1375	1375	with Section 614.007(5);
1376	1376	(4) an evaluation of the development and
1377	1377	implementation of the continuity of care and service programs
1378	1378	established under Sections 614.013, 614.014, 614.015, [and]
1379	1379	614.016, and 614.018, changes in rules, policies, or procedures
1380	1380	relating to the programs, future plans for the programs, and any
1381	1381	recommendations for legislation; and
1382	1382	(5) any other recommendations that the office
1383	1383	considers appropriate.
1384	1384	ARTICLE 5. TRANSITION AND EFFECTIVE DATE
1385	1385	SECTION 5.001. Sections 61.025 and 61.027, Human Resources
1386	1386	Code, as added by this Act, and Sections 141.014 and 141.0145, Human
1387	1387	Resources Code, as amended by this Act, apply only to a person who
1388	1388	is appointed or reappointed as a member of the governing board of
1389	1389	the Texas Youth Commission or the Texas Juvenile Probation
1390	1390	Commission on or after the effective date of this Act. A person
1391	1391	appointed or reappointed as a member of the board or commission
1392	1392	before the effective date of this Act is governed by the law in
1393	1393	effect immediately before that date, and the former law is
1394	1394	continued in effect for that purpose.
1395	1395	SECTION 5.002. Section 61.026, Human Resources Code, as
1396	1396	added by this Act, and Section 141.017, Human Resources Code, as
1397	1397	amended by this Act, apply only to a ground for removal that occurs
1398	1398	on or after the effective date of this Act. A ground for removal
1399	1399	that occurs before the effective date of this Act is governed by the
1400	1400	law in effect immediately before that date, and the former law is
1401	1401	continued in effect for that purpose.
1402	1402	SECTION 5.003. (a) Section 141.011(a), Human Resources
1403	1403	Code, as amended by this Act, applies only to a person appointed to
1404	1404	the Texas Juvenile Probation Commission on or after the effective
1405	1405	date of this Act. A person appointed to the Texas Juvenile
1406	1406	Probation Commission before the effective date of this Act is
1407	1407	governed by the law in effect on the date the person was appointed,
1408	1408	and that law is continued in effect for that purpose.
1409	1409	(b) A person serving on the Texas Juvenile Probation
1410	1410	Commission on the effective date of this Act continues to serve on
1411	1411	the commission until the person's term expires. When a term expires
1412	1412	or a vacancy on the commission occurs, the governor shall make
1413	1413	appointments in accordance with Section 141.011(a), Human
1414	1414	Resources Code, as amended by this Act.
1415	1415	SECTION 5.004. Section 141.059, Human Resources Code, as
1416	1416	added by this Act, and Section 29.012, Education Code, as amended by
1417	1417	this Act, apply beginning with the 2009-2010 school year.
1418	1418	SECTION 5.005. Article 13.34, Code of Criminal Procedure,
1419	1419	as added by this Act, applies only to an offense committed on or
1420	1420	after the effective date of this Act. An offense committed before
1421	1421	the effective date of this Act is covered by the law in effect when
1422	1422	the offense was committed, and the former law is continued in effect
1423	1423	for that purpose. For purposes of this section, an offense was
1424	1424	committed before the effective date of this Act if any element of
1425	1425	the offense occurred before that date.
1426	1426	SECTION 5.006. (a) Not later than November 1, 2009, the
1427	1427	Texas Youth Commission shall adopt the battery of reading
1428	1428	assessments as required by Section 30.106(b), Education Code, as
1429	1429	added by this Act.
1430	1430	(b) Not later than January 1, 2010, the Texas Youth
1431	1431	Commission shall begin administering the battery of reading
1432	1432	assessments as required by Section 30.106(b), Education Code, as
1433	1433	added by this Act.
1434	1434	SECTION 5.007. Section 30.106(e), Education Code, as added
1435	1435	by this Act, applies to release on parole from the Texas Youth
1436	1436	Commission beginning September 1, 2010.
1437	1437	SECTION 5.008. This Act takes effect immediately if it
1438	1438	receives a vote of two-thirds of all the members elected to each
1439	1439	house, as provided by Section 39, Article III, Texas Constitution.
1440	1440	If this Act does not receive the vote necessary for immediate
1441	1441	effect, this Act takes effect September 1, 2009.
1442	1442	______________________________ ______________________________
1443	1443	President of the Senate Speaker of the House
1444	1444	I certify that H.B. No. 3689 was passed by the House on May 4,
1445	1445	2009, by the following vote: Yeas 140, Nays 0, 1 present, not
1446	1446	voting; that the House refused to concur in Senate amendments to
1447	1447	H.B. No. 3689 on May 29, 2009, and requested the appointment of a
1448	1448	conference committee to consider the differences between the two
1449	1449	houses; and that the House adopted the conference committee report
1450	1450	on H.B. No. 3689 on May 31, 2009, by the following vote: Yeas 147,
1451	1451	Nays 0, 1 present, not voting.
1452	1452	______________________________
1453	1453	Chief Clerk of the House
1454	1454	I certify that H.B. No. 3689 was passed by the Senate, with
1455	1455	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
1456	1456	0; at the request of the House, the Senate appointed a conference
1457	1457	committee to consider the differences between the two houses; and
1458	1458	that the Senate adopted the conference committee report on H.B. No.
1459	1459	3689 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
1460	1460	______________________________
1461	1461	Secretary of the Senate
1462	1462	APPROVED: __________________
1463	1463	Date
1464	1464	__________________
1465	1465	Governor