81R15010 KFF-F
By: Herrero H.B. No. 4816
A BILL TO BE ENTITLED
AN ACT
relating to the juvenile board of Nueces County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.1841, Human Resources Code, is
amended by amending Subsections (c), (d), (e), (f), and (g) and
adding Subsections (h), (i), (j), (k), (l), (m), (n), and (o) to
read as follows:
(c) At the first meeting in January of each odd-numbered
year, the juvenile board shall elect a presiding officer from among
the board's members. The presiding officer serves a two-year term
[The commissioners court shall provide the juvenile probation
officers with:
[(1) automobiles and their maintenance and operating
expenses for use in official duties; or
[(2) an automobile allowance for the use of a personal
automobile on official business in the amount determined to be
necessary by the commissioners court].
(d) The juvenile board shall hold regular monthly meetings
and may meet at the call of the presiding officer or on a written
request made to the presiding officer by at least three members. A
meeting of the board is subject to Chapter 551, Government Code.
The board shall keep accurate and complete minutes of the board's
meetings. The minutes are public records and are subject to Section
551.022, Government Code [may require a juvenile probation officer
or institution superintendent to obtain a surety or personal bond
conditioned on faithful performance of duty in an amount determined
by the board].
(e) The juvenile board shall appoint a person to serve as
the chief [may suspend or remove a] juvenile probation officer [or
an institution superintendent at any time for good cause]. The
chief juvenile probation officer serves at the will of the board.
The chief juvenile probation officer is the chief administrative
officer of the juvenile probation department and the director of
the county institutions under the jurisdiction of the board [, with
the approval of the board, may suspend or remove an assistant
probation officer for good cause after the assistant is notified
and afforded an opportunity to appear before the board].
(f) The chief juvenile probation officer shall annually
prepare under the juvenile board's direction a budget for the
juvenile probation department and the county institutions under the
jurisdiction of the board. On approval of the budget by the board,
the board shall submit the budget to the commissioners court for
final approval. The commissioners court shall provide necessary
funds to maintain and operate the juvenile probation department and
shall pay the salaries and expenses of employees in accordance with
the budget approved by the commissioners court.
(g) The juvenile board shall establish a general personnel
policy for the employees of the juvenile probation department and
the county institutions under the jurisdiction of the board. The
juvenile probation department or county institution, as
applicable, shall provide each new employee a copy of the personnel
policy. The personnel policy must:
(1) establish and maintain an employee classification
system that includes:
(A) an accurate statement of the duties of each
employment position;
(B) the qualifications for each position; and
(C) a compensation plan that ensures equal pay
for equal work; and
(2) include disciplinary and grievance procedures
that protect the rights of employees and the rights of the employer.
(h) The chief juvenile probation officer shall hire the
employees of the juvenile probation department and of the county
institutions under the jurisdiction of the juvenile board. Subject
to the general personnel policy established by the board under
Subsection (g), the chief juvenile probation officer may remove an
employee at any time.
(i) The chief juvenile probation officer shall prepare an
annual written report regarding the operation and efficiency of the
juvenile probation department and the county institutions under the
jurisdiction of the juvenile board and regarding the general
adequacy of the juvenile services provided by the county. The
report may include any recommendations for improvements that the
chief juvenile probation officer considers necessary. The chief
juvenile probation officer shall submit the report required by this
subsection to the board at the same time the chief juvenile
probation officer submits the budget to the board for approval
under Subsection (f).
(j) After receiving the report of the chief juvenile
probation officer under Subsection (i), the juvenile board shall,
except as provided by this subsection, make an annual written
report to the commissioners court regarding the operation and
efficiency of the juvenile probation department and the county
institutions under the jurisdiction of the board and regarding the
general adequacy of the juvenile services provided by the county.
The report may include any recommendations for improvements that
the board considers necessary. The board, in its discretion, may
submit the report prepared by the chief juvenile probation officer
in lieu of preparing the report required by this subsection. The
board shall submit the report required by this subsection or
forward the chief juvenile probation officer's report, as
applicable, to the commissioners court at the same time the board
submits the budget to the commissioners court for final approval
under Subsection (f).
(k) The juvenile board shall investigate the operations of
the juvenile probation department and the county institutions under
the jurisdiction of the board at the request of the juvenile court
judge or the commissioners court, or as the board determines is
necessary. The board shall prepare and submit a written report
regarding the investigation to the commissioners court.
(l) The juvenile board may conduct any special studies or
investigations the board considers necessary to improve the
operations of the juvenile probation department and the county
institutions under the jurisdiction of the board.
(m) Subject to the approval of the commissioners court, the
juvenile board may accept and hold in trust a grant or donation of
real property or money or other personal property to benefit the
county facilities under the jurisdiction of the board.
(n) Notwithstanding Section 152.0010(a), an advisory
council appointed by the juvenile board under that section shall
consist of the same number of members as the number of members
serving on the juvenile board. Each juvenile board member shall
appoint one advisory council member. If, on a majority vote, the
members of the juvenile board determine that a single juvenile
board member has not appointed an advisory council member in a
timely manner, a majority of the members of the juvenile board shall
appoint an advisory council member on that person's behalf.
(o) Sections 152.0002, 152.0004, 152.0005, 152.0006,
152.0007, and 152.0008 do not apply to the juvenile board of Nueces
County.
SECTION 2. This Act takes effect September 1, 2009.