1 | 1 | | 81R15010 KFF-F |
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2 | 2 | | By: Herrero H.B. No. 4816 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the juvenile board of Nueces County. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 152.1841, Human Resources Code, is |
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10 | 10 | | amended by amending Subsections (c), (d), (e), (f), and (g) and |
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11 | 11 | | adding Subsections (h), (i), (j), (k), (l), (m), (n), and (o) to |
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12 | 12 | | read as follows: |
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13 | 13 | | (c) At the first meeting in January of each odd-numbered |
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14 | 14 | | year, the juvenile board shall elect a presiding officer from among |
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15 | 15 | | the board's members. The presiding officer serves a two-year term |
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16 | 16 | | [The commissioners court shall provide the juvenile probation |
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17 | 17 | | officers with: |
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18 | 18 | | [(1) automobiles and their maintenance and operating |
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19 | 19 | | expenses for use in official duties; or |
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20 | 20 | | [(2) an automobile allowance for the use of a personal |
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21 | 21 | | automobile on official business in the amount determined to be |
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22 | 22 | | necessary by the commissioners court]. |
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23 | 23 | | (d) The juvenile board shall hold regular monthly meetings |
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24 | 24 | | and may meet at the call of the presiding officer or on a written |
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25 | 25 | | request made to the presiding officer by at least three members. A |
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26 | 26 | | meeting of the board is subject to Chapter 551, Government Code. |
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27 | 27 | | The board shall keep accurate and complete minutes of the board's |
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28 | 28 | | meetings. The minutes are public records and are subject to Section |
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29 | 29 | | 551.022, Government Code [may require a juvenile probation officer |
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30 | 30 | | or institution superintendent to obtain a surety or personal bond |
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31 | 31 | | conditioned on faithful performance of duty in an amount determined |
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32 | 32 | | by the board]. |
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33 | 33 | | (e) The juvenile board shall appoint a person to serve as |
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34 | 34 | | the chief [may suspend or remove a] juvenile probation officer [or |
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35 | 35 | | an institution superintendent at any time for good cause]. The |
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36 | 36 | | chief juvenile probation officer serves at the will of the board. |
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37 | 37 | | The chief juvenile probation officer is the chief administrative |
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38 | 38 | | officer of the juvenile probation department and the director of |
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39 | 39 | | the county institutions under the jurisdiction of the board [, with |
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40 | 40 | | the approval of the board, may suspend or remove an assistant |
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41 | 41 | | probation officer for good cause after the assistant is notified |
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42 | 42 | | and afforded an opportunity to appear before the board]. |
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43 | 43 | | (f) The chief juvenile probation officer shall annually |
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44 | 44 | | prepare under the juvenile board's direction a budget for the |
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45 | 45 | | juvenile probation department and the county institutions under the |
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46 | 46 | | jurisdiction of the board. On approval of the budget by the board, |
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47 | 47 | | the board shall submit the budget to the commissioners court for |
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48 | 48 | | final approval. The commissioners court shall provide necessary |
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49 | 49 | | funds to maintain and operate the juvenile probation department and |
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50 | 50 | | shall pay the salaries and expenses of employees in accordance with |
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51 | 51 | | the budget approved by the commissioners court. |
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52 | 52 | | (g) The juvenile board shall establish a general personnel |
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53 | 53 | | policy for the employees of the juvenile probation department and |
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54 | 54 | | the county institutions under the jurisdiction of the board. The |
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55 | 55 | | juvenile probation department or county institution, as |
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56 | 56 | | applicable, shall provide each new employee a copy of the personnel |
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57 | 57 | | policy. The personnel policy must: |
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58 | 58 | | (1) establish and maintain an employee classification |
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59 | 59 | | system that includes: |
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60 | 60 | | (A) an accurate statement of the duties of each |
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61 | 61 | | employment position; |
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62 | 62 | | (B) the qualifications for each position; and |
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63 | 63 | | (C) a compensation plan that ensures equal pay |
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64 | 64 | | for equal work; and |
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65 | 65 | | (2) include disciplinary and grievance procedures |
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66 | 66 | | that protect the rights of employees and the rights of the employer. |
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67 | 67 | | (h) The chief juvenile probation officer shall hire the |
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68 | 68 | | employees of the juvenile probation department and of the county |
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69 | 69 | | institutions under the jurisdiction of the juvenile board. Subject |
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70 | 70 | | to the general personnel policy established by the board under |
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71 | 71 | | Subsection (g), the chief juvenile probation officer may remove an |
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72 | 72 | | employee at any time. |
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73 | 73 | | (i) The chief juvenile probation officer shall prepare an |
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74 | 74 | | annual written report regarding the operation and efficiency of the |
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75 | 75 | | juvenile probation department and the county institutions under the |
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76 | 76 | | jurisdiction of the juvenile board and regarding the general |
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77 | 77 | | adequacy of the juvenile services provided by the county. The |
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78 | 78 | | report may include any recommendations for improvements that the |
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79 | 79 | | chief juvenile probation officer considers necessary. The chief |
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80 | 80 | | juvenile probation officer shall submit the report required by this |
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81 | 81 | | subsection to the board at the same time the chief juvenile |
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82 | 82 | | probation officer submits the budget to the board for approval |
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83 | 83 | | under Subsection (f). |
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84 | 84 | | (j) After receiving the report of the chief juvenile |
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85 | 85 | | probation officer under Subsection (i), the juvenile board shall, |
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86 | 86 | | except as provided by this subsection, make an annual written |
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87 | 87 | | report to the commissioners court regarding the operation and |
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88 | 88 | | efficiency of the juvenile probation department and the county |
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89 | 89 | | institutions under the jurisdiction of the board and regarding the |
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90 | 90 | | general adequacy of the juvenile services provided by the county. |
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91 | 91 | | The report may include any recommendations for improvements that |
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92 | 92 | | the board considers necessary. The board, in its discretion, may |
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93 | 93 | | submit the report prepared by the chief juvenile probation officer |
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94 | 94 | | in lieu of preparing the report required by this subsection. The |
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95 | 95 | | board shall submit the report required by this subsection or |
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96 | 96 | | forward the chief juvenile probation officer's report, as |
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97 | 97 | | applicable, to the commissioners court at the same time the board |
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98 | 98 | | submits the budget to the commissioners court for final approval |
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99 | 99 | | under Subsection (f). |
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100 | 100 | | (k) The juvenile board shall investigate the operations of |
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101 | 101 | | the juvenile probation department and the county institutions under |
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102 | 102 | | the jurisdiction of the board at the request of the juvenile court |
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103 | 103 | | judge or the commissioners court, or as the board determines is |
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104 | 104 | | necessary. The board shall prepare and submit a written report |
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105 | 105 | | regarding the investigation to the commissioners court. |
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106 | 106 | | (l) The juvenile board may conduct any special studies or |
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107 | 107 | | investigations the board considers necessary to improve the |
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108 | 108 | | operations of the juvenile probation department and the county |
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109 | 109 | | institutions under the jurisdiction of the board. |
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110 | 110 | | (m) Subject to the approval of the commissioners court, the |
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111 | 111 | | juvenile board may accept and hold in trust a grant or donation of |
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112 | 112 | | real property or money or other personal property to benefit the |
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113 | 113 | | county facilities under the jurisdiction of the board. |
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114 | 114 | | (n) Notwithstanding Section 152.0010(a), an advisory |
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115 | 115 | | council appointed by the juvenile board under that section shall |
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116 | 116 | | consist of the same number of members as the number of members |
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117 | 117 | | serving on the juvenile board. Each juvenile board member shall |
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118 | 118 | | appoint one advisory council member. If, on a majority vote, the |
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119 | 119 | | members of the juvenile board determine that a single juvenile |
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120 | 120 | | board member has not appointed an advisory council member in a |
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121 | 121 | | timely manner, a majority of the members of the juvenile board shall |
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122 | 122 | | appoint an advisory council member on that person's behalf. |
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123 | 123 | | (o) Sections 152.0002, 152.0004, 152.0005, 152.0006, |
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124 | 124 | | 152.0007, and 152.0008 do not apply to the juvenile board of Nueces |
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125 | 125 | | County. |
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126 | 126 | | SECTION 2. This Act takes effect September 1, 2009. |
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