Texas 2009 - 81st Regular

Texas Senate Bill SB1020 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R4916 KCR-D
2	2	By: Hinojosa, Hegar S.B. No. 1020
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the Texas Youth Commission and the Texas
8	8	Juvenile Probation Commission and transferring the powers and
9	9	duties of those agencies to the newly created Texas Juvenile
10	10	Justice Department and to the functions of the independent
11	11	ombudsman for the Texas Youth Commission.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. TEXAS JUVENILE JUSTICE DEPARTMENT; TEXAS YOUTH
14	14	COMMISSION AND TEXAS JUVENILE PROBATION COMMISSION
15	15	SECTION 1.001. The Human Resources Code is amended by
16	16	adding Title 12 with a heading to read as follows:
17	17	TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES
18	18	SECTION 1.002. Title 12, Human Resources Code, as added by
19	19	this Act, is amended by adding Subtitle A to read as follows:
20	20	SUBTITLE A. TEXAS JUVENILE JUSTICE BOARD AND TEXAS JUVENILE
21	21	JUSTICE DEPARTMENT
22	22	CHAPTER 201. GENERAL PROVISIONS
23	23	Sec. 201.001. DEFINITIONS. (a) In this title:
24	24	(1) "Board" means the Texas Juvenile Justice Board.
25	25	(2) "Child" means an individual 10 years of age or
26	26	older and under 19 years of age who is committed to a secure
27	27	post-adjudication facility operated by the department under
28	28	Subtitle C.
29	29	(3) "Court" means a juvenile court.
30	30	(4) "Department" means the Texas Juvenile Justice
31	31	Department.
32	32	(5) "Executive director" means the executive director
33	33	of the department.
34	34	(6) "Juvenile board" means a body established by law
35	35	to provide juvenile probation services to a county.
36	36	(7) "State aid" means funds allocated by the
37	37	department to a juvenile board to financially assist the juvenile
38	38	board in achieving the purposes of this title and in conforming to
39	39	the department's standards and policies.
40	40	(a-1) A reference to the department:
41	41	(1) in Subtitle B means the Texas Juvenile Probation
42	42	Commission;
43	43	(2) in Subtitle C means the Texas Youth Commission;
44	44	and
45	45	(3) in any law other than Subtitle B or C means the
46	46	Texas Juvenile Probation Commission or the Texas Youth Commission,
47	47	as applicable in context.
48	48	(a-2) This subsection and Subsection (a-1) expire September
49	49	1, 2010.
50	50	(b) Effective September 1, 2010, a reference in other law
51	51	to:
52	52	(1) the Texas Juvenile Probation Commission means the
53	53	department; or
54	54	(2) the Texas Youth Commission means the department.
55	55	CHAPTER 201A. TEMPORARY PROVISIONS
56	56	SUBCHAPTER A. TRANSITION TEAM
57	57	Sec. 201A.001. COMPOSITION OF TRANSITION TEAM; PRESIDING
58	58	OFFICER. (a) The juvenile justice services and facilities
59	59	transition team is composed of the following 11 members appointed
60	60	by the governor:
61	61	(1) a representative of the governor;
62	62	(2) the executive director of the Texas Juvenile
63	63	Probation Commission;
64	64	(3) the executive commissioner of the Texas Youth
65	65	Commission;
66	66	(4) a representative of the lieutenant governor,
67	67	chosen from a list submitted to the governor by the lieutenant
68	68	governor;
69	69	(5) a representative of the speaker of the house of
70	70	representatives, chosen from a list submitted to the governor by
71	71	the speaker;
72	72	(6) one member who represents the interests of a
73	73	juvenile probation department that serves a county with a small
74	74	population;
75	75	(7) one member who represents the interests of a
76	76	juvenile probation department that serves a county with a medium
77	77	population;
78	78	(8) one member who represents the interests of a
79	79	juvenile probation department that serves a county with a large
80	80	population;
81	81	(9) one member who represents the interests of
82	82	juvenile offenders or the families of juvenile offenders;
83	83	(10) one member who represents an organization that
84	84	advocates on behalf of juvenile offenders or the families of
85	85	juvenile offenders; and
86	86	(11) one member who represents an organization that
87	87	advocates on behalf of the victims of delinquent or criminal
88	88	conduct.
89	89	(b) The governor shall make the appointments required by
90	90	Subsection (a) as soon as possible after September 1, 2009.
91	91	(c) The transition team member who is appointed under
92	92	Subsection (a)(1) serves as the presiding officer of the transition
93	93	team.
94	94	(d) The transition team members appointed under Subsections
95	95	(a)(2) and (3) remain on the transition team after August 31, 2009,
96	96	regardless of the abolition of the agencies named in those
97	97	subdivisions.
98	98	Sec. 201A.002. POWERS AND DUTIES. (a) After September 1,
99	99	2009, and before September 1, 2010, the transition team shall
100	100	coordinate and oversee the transition of services and facilities
101	101	from the Texas Juvenile Probation Commission and the Texas Youth
102	102	Commission to the Texas Juvenile Justice Department.
103	103	(b) After August 31, 2010, and before December 31, 2010, the
104	104	transition team shall assist the Texas Juvenile Justice Department
105	105	in implementing the transition of services and facilities from the
106	106	Texas Juvenile Probation Commission and the Texas Youth Commission
107	107	to the Texas Juvenile Justice Department.
108	108	Sec. 201A.003. ASSISTANCE. The following state agencies
109	109	shall, on request, assist the transition team with the following
110	110	matters:
111	111	(1) the Legislative Budget Board and the budget,
112	112	planning, and policy division of the governor's office, with
113	113	preparation of a suggested budget for the department;
114	114	(2) the Department of Information Resources, with the
115	115	technological needs of the department;
116	116	(3) the office of the attorney general, with legal
117	117	matters concerning the transition of services and facilities from
118	118	the Texas Juvenile Probation Commission and the Texas Youth
119	119	Commission to the Texas Juvenile Justice Department;
120	120	(4) the comptroller of public accounts, with suggested
121	121	accounting practices for the department; and
122	122	(5) the Texas Facilities Commission, with assistance
123	123	in efficiently using the office space in which the administrative
124	124	offices of the Texas Juvenile Probation Commission and the Texas
125	125	Youth Commission are located and, if necessary, locating additional
126	126	office space for the administrative offices of the department.
127	127	[Sections 201A.004-201A.050 reserved for expansion]
128	128	SUBCHAPTER B. JUVENILE JUSTICE IMPROVEMENT PLAN
129	129	Sec. 201A.051. DEFINITIONS. In this subchapter:
130	130	(1) "Committee" means the juvenile justice
131	131	improvement plan committee established under Section 201A.052.
132	132	(2) "Plan" means the comprehensive juvenile justice
133	133	improvement plan developed by the committee under Section
134	134	201A.053(a).
135	135	Sec. 201A.052. COMPOSITION OF COMMITTEE; PRESIDING
136	136	OFFICERS. (a) The juvenile justice improvement plan committee is
137	137	established.
138	138	(b) The executive commissioner of the Texas Youth
139	139	Commission and the executive director of the Texas Juvenile
140	140	Probation Commission are co-presiding officers of the committee.
141	141	(c) The executive commissioner of the Texas Youth
142	142	Commission and the executive director of the Texas Juvenile
143	143	Probation Commission shall each appoint four members to the
144	144	committee. The executive commissioner and executive director shall
145	145	each appoint:
146	146	(1) one committee member who represents the interests
147	147	of a local juvenile probation department;
148	148	(2) one committee member who represents the interests
149	149	of juvenile offenders;
150	150	(3) one committee member who represents the interests
151	151	of the families of juvenile offenders; and
152	152	(4) one committee member who represents an
153	153	organization that advocates on behalf of juvenile offenders, the
154	154	families of juvenile offenders, or the victims of delinquent or
155	155	criminal conduct.
156	156	Sec. 201A.053. DEVELOPMENT OF PLAN; SUBMISSION TO
157	157	DEPARTMENT FOR ADOPTION. (a) Not later than June 1, 2010, the
158	158	committee shall:
159	159	(1) develop a comprehensive juvenile justice
160	160	improvement plan for fiscal years 2011-2015; and
161	161	(2) deliver a copy of the plan to and accept comments
162	162	and review of the plan from:
163	163	(A) the governor;
164	164	(B) the lieutenant governor;
165	165	(C) the speaker of the house of representatives;
166	166	and
167	167	(D) the Criminal Justice Legislative Oversight
168	168	Committee.
169	169	(b) The committee is not obligated to make changes to the
170	170	plan as a result of receiving review and comments under Subsection
171	171	(a)(2).
172	172	(c) On or after September 1, 2010, as soon as possible after
173	173	developing the plan under Subsection (a), the committee shall
174	174	submit the plan to the department for adoption under Section
175	175	203.013.
176	176	Sec. 201A.054. PLAN COMPONENT: JUVENILE JUSTICE
177	177	FACILITIES. (a) The comprehensive juvenile justice improvement
178	178	plan must include a master plan for the operation of secure
179	179	correctional facilities under Subtitle C. The committee shall
180	180	evaluate state and county infrastructure to determine the number of
181	181	beds needed in secure correctional facilities.
182	182	(b) The master plan developed under Subsection (a), taking
183	183	into consideration the timing and cost of relocating or closing any
184	184	facilities operated on September 1, 2009, by the Texas Youth
185	185	Commission, must identify:
186	186	(1) which facilities, if any, operated by the Texas
187	187	Youth Commission under Subtitle C should be closed; and
188	188	(2) which areas of the state, if any, lack a sufficient
189	189	number of locally operated secure or nonsecure correctional
190	190	facilities.
191	191	(c) The committee shall develop the master plan to achieve
192	192	the following goals:
193	193	(1) to the maximum extent possible, reserving
194	194	facilities operated by or under contract with the state for higher
195	195	risk juveniles;
196	196	(2) increasing reliance on alternatives to secure
197	197	placement, except when secure placement is necessary to address
198	198	adequately a juvenile offender's treatment needs or prevent the
199	199	juvenile offender from reoffending;
200	200	(3) serving juveniles in settings that are as close to
201	201	the juveniles' homes as possible;
202	202	(4) using facility and program designs proven to be
203	203	most effective in rehabilitating juveniles;
204	204	(5) locating facilities as geographically close as
205	205	possible to necessary workforce and other services; and
206	206	(6) developing county centers or consortiums that
207	207	enhance county collaboration.
208	208	Sec. 201A.055. PLAN COMPONENT: DATA SHARING. The
209	209	comprehensive juvenile justice improvement plan must include a
210	210	specific process and procedures for:
211	211	(1) developing common data systems between the
212	212	department and:
213	213	(A) local probation departments; and
214	214	(B) other agencies of this state that serve
215	215	youth, including the Department of Family and Protective Services,
216	216	the Department of State Health Services, the Health and Human
217	217	Services Commission, and the Texas Education Agency; and
218	218	(2) to the maximum extent allowed by state and federal
219	219	law, improving access to educational and mental health records for
220	220	juveniles who are placed on probation or committed to the custody of
221	221	the state.
222	222	Sec. 201A.056. PLAN COMPONENT: PROGRAMS, SERVICES, AND
223	223	REENTRY PLANNING. The comprehensive juvenile justice improvement
224	224	plan must include a specific process and procedures and, if
225	225	appropriate, a policy for:
226	226	(1) routinely assessing the risk and needs of
227	227	juveniles in this state who are placed on juvenile probation or
228	228	committed to the custody of the state;
229	229	(2) developing or improving validated risks and needs
230	230	assessments and policies to assess juveniles at crucial points in
231	231	the juvenile justice system, including:
232	232	(A) before adjudication of a juvenile's case;
233	233	(B) on commitment of a juvenile to the custody of
234	234	the state; and
235	235	(C) at release from a correctional facility or on
236	236	the termination of control by the state;
237	237	(3) ensuring that a juvenile's minimum length of stay
238	238	and placement in a particular facility directly address the
239	239	identified needs of the juvenile;
240	240	(4) establishing timelines to identify and implement
241	241	state and local programs for community supervision, local
242	242	placement, and state commitment that have proven to be effective;
243	243	(5) providing training concerning the programs
244	244	described by Subdivision (4) to state and local personnel;
245	245	(6) improving reentry into the community for juveniles
246	246	exiting the juvenile justice system at the state or local level;
247	247	(7) increasing the use of the Texas Correctional
248	248	Office on Offenders with Medical or Mental Impairments, community
249	249	resource coordination groups, and other community resources for
250	250	juveniles on parole or probation; and
251	251	(8) ensuring that youth exiting state commitment or
252	252	extended probation placements have the appropriate personal
253	253	identification and service referrals to ensure the delivery of
254	254	essential services, including mental health treatment, to them
255	255	without delay on their return to the community.
256	256	Sec. 201A.057. PLAN COMPONENT: PERFORMANCE MEASUREMENT.
257	257	(a) The comprehensive juvenile justice improvement plan must
258	258	include the development of a comprehensive system to measure the
259	259	performance of the entire juvenile justice system in this state.
260	260	The system must include performance measures that show the costs of
261	261	different levels of supervision and treatment to enable
262	262	identification of the most cost-effective programs.
263	263	(b) The committee shall consult with the Legislative Budget
264	264	Board and the budget, planning, and policy division of the
265	265	governor's office in developing the comprehensive system to measure
266	266	performance under Subsection (a).
267	267	[Sections 201A.058-201A.100 reserved for expansion]
268	268	SUBCHAPTER C. EXPIRATION
269	269	Sec. 201A.101. EXPIRATION. This chapter expires December
270	270	31, 2015.
271	271	CHAPTER 202. ADMINISTRATIVE PROVISIONS
272	272	Sec. 202.001. COMPOSITION OF BOARD; PRESIDING OFFICER. (a)
273	273	The board is composed of the following 13 members appointed by the
274	274	governor with the advice and consent of the senate:
275	275	(1) four members who are juvenile court judges or
276	276	county commissioners;
277	277	(2) one prosecutor in juvenile court;
278	278	(3) one chief juvenile probation officer of a juvenile
279	279	probation department serving a county with a small population;
280	280	(4) one chief juvenile probation officer of a juvenile
281	281	probation department serving a county with a medium population;
282	282	(5) one chief juvenile probation officer of a juvenile
283	283	probation department serving a county with a large population;
284	284	(6) one treatment professional, who may be a mental
285	285	health treatment professional;
286	286	(7) one educator, as that term is defined by Section
287	287	5.001, Education Code;
288	288	(8) one member who represents an organization that
289	289	advocates on behalf of juvenile offenders or victims of delinquent
290	290	or criminal conduct; and
291	291	(9) two members of the public who are not employees of
292	292	the criminal or juvenile justice system.
293	293	(b) Members serve staggered six-year terms, with the terms
294	294	of four or five members expiring on February 1 of each odd-numbered
295	295	year.
296	296	(c) The governor shall designate a member of the board as
297	297	the presiding officer of the board to serve in that capacity at the
298	298	pleasure of the governor.
299	299	(d) The governor shall make appointments to the board
300	300	without regard to the race, color, disability, sex, religion, age,
301	301	or national origin of the appointees.
302	302	Sec. 202.002. RESTRICTIONS ON BOARD MEMBERSHIP AND
303	303	DEPARTMENT EMPLOYMENT. (a) A person may not be a public member of
304	304	the board if the person or the person's spouse:
305	305	(1) is registered, certified, or licensed by a
306	306	regulatory agency in the field of criminal or juvenile justice;
307	307	(2) is employed by or participates in the management
308	308	of a business entity or other organization regulated by or
309	309	receiving money from the department;
310	310	(3) owns or controls, directly or indirectly, more
311	311	than a 10 percent interest in a business entity or other
312	312	organization regulated by or receiving money from the department;
313	313	or
314	314	(4) uses or receives a substantial amount of tangible
315	315	goods, services, or money from the department, other than
316	316	compensation or reimbursement authorized by law for board
317	317	membership, attendance, or expenses.
318	318	(b) A person may not be a board member and may not be a
319	319	department employee employed in a "bona fide executive,
320	320	administrative, or professional capacity," as that phrase is used
321	321	for purposes of establishing an exemption to the overtime
322	322	provisions of the federal Fair Labor Standards Act of 1938 (29
323	323	U.S.C. Section 201 et seq.), if:
324	324	(1) the person is an officer, employee, or paid
325	325	consultant of a Texas trade association in the field of criminal or
326	326	juvenile justice; or
327	327	(2) the person's spouse is an officer, manager, or paid
328	328	consultant of a Texas trade association in the field of criminal or
329	329	juvenile justice.
330	330	(c) A person may not be a board member or act as the general
331	331	counsel to the board or the department if the person is required to
332	332	register as a lobbyist under Chapter 305, Government Code, because
333	333	of the person's activities for compensation on behalf of a
334	334	profession related to the operation of the department.
335	335	(d) In this section, "Texas trade association" means a
336	336	cooperative and voluntarily joined statewide association of
337	337	business or professional competitors in this state designed to
338	338	assist its members and its industry or profession in dealing with
339	339	mutual business or professional problems and in promoting their
340	340	common interest.
341	341	Sec. 202.003. PROVISIONS APPLICABLE TO JUDICIAL MEMBERS.
342	342	(a) A judge's place on the board becomes vacant when the judge
343	343	ceases to hold a judicial office.
344	344	(b) A judge's service on the board is an additional duty of
345	345	office.
346	346	(c) At the time of appointment to the board, a judge must be
347	347	a judge of:
348	348	(1) a court designated as a juvenile court; or
349	349	(2) a court that is one of several courts that rotate
350	350	being the juvenile court.
351	351	Sec. 202.004. REMOVAL OF BOARD MEMBERS. (a) It is a ground
352	352	for removal from the board if a member:
353	353	(1) does not have at the time of taking office the
354	354	qualifications required by Sections 202.001 and 202.003;
355	355	(2) does not maintain during service on the board the
356	356	qualifications required by Sections 202.001 and 202.003;
357	357	(3) is ineligible for membership under Section
358	358	202.002;
359	359	(4) cannot, because of illness or disability,
360	360	discharge the member's duties for a substantial part of the term;
361	361	or
362	362	(5) is absent from more than half of the regularly
363	363	scheduled board meetings that the member is eligible to attend
364	364	during a calendar year unless the absence is excused by majority
365	365	vote of the board.
366	366	(b) The validity of an action of the board is not affected by
367	367	the fact that the action is taken when a ground for removal of a
368	368	board member exists.
369	369	(c) If the executive director has knowledge that a potential
370	370	ground for removal exists, the executive director shall notify the
371	371	presiding officer of the board of the potential ground. The
372	372	presiding officer shall then notify the governor and the attorney
373	373	general that a potential ground for removal exists. If the
374	374	potential ground for removal involves the presiding officer, the
375	375	executive director shall notify the next highest ranking officer of
376	376	the board, who shall then notify the governor and the attorney
377	377	general that a potential ground for removal exists.
378	378	Sec. 202.005. BOARD MEMBER RECUSAL. (a) A chief juvenile
379	379	probation officer who is a board member shall avoid the appearance
380	380	of a conflict of interest by not voting or participating in any
381	381	decision by the board that directly benefits or penalizes or
382	382	otherwise directly impacts the juvenile probation department over
383	383	which the chief juvenile probation officer has authority.
384	384	(b) The board may adopt recusal requirements in addition to
385	385	those described by Subsection (a), including requirements that are
386	386	more restrictive than those described by Subsection (a).
387	387	Sec. 202.006. TRAINING FOR BOARD MEMBERS. (a) A person who
388	388	is appointed to and qualifies for office as a board member may not
389	389	vote, deliberate, or be counted as a member in attendance at a
390	390	meeting of the board until the person completes a training program
391	391	that complies with this section.
392	392	(b) The training program must provide the person with
393	393	information regarding:
394	394	(1) this chapter as it relates to the creation of the
395	395	board and the department;
396	396	(2) the programs, functions, rules, and budget of the
397	397	department;
398	398	(3) the results of the most recent formal audit of the
399	399	department;
400	400	(4) the requirements of laws relating to open
401	401	meetings, public information, administrative procedure, and
402	402	conflicts of interest; and
403	403	(5) any applicable ethics policies adopted by the
404	404	department or the Texas Ethics Commission.
405	405	(c) A person appointed to the board is entitled to
406	406	reimbursement, as provided by the General Appropriations Act, for
407	407	travel expenses incurred in attending the training program,
408	408	regardless of whether attendance at the program occurs before or
409	409	after the person qualifies for office.
410	410	Sec. 202.007. REIMBURSEMENT. A board member is not
411	411	entitled to compensation for service on the board but is entitled to
412	412	reimbursement for actual and necessary expenses incurred in
413	413	performing official duties as a board member.
414	414	Sec. 202.008. MEETINGS; PUBLIC PARTICIPATION. (a) The
415	415	board shall hold regular quarterly meetings on dates set by the
416	416	board and special meetings at the call of the presiding officer.
417	417	(b) The board shall adopt rules regulating the board's
418	418	proceedings.
419	419	(c) The board shall keep a public record of the board's
420	420	decisions at the board's general office.
421	421	(d) The board shall develop and implement policies that
422	422	provide the public with a reasonable opportunity to appear before
423	423	the board and to speak on any issue under the jurisdiction of the
424	424	department.
425	425	Sec. 202.009. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The
426	426	department is subject to audit by the state auditor in accordance
427	427	with Chapter 321, Government Code.
428	428	(b) The state auditor, on request of the office of inspector
429	429	general, may provide information or other assistance to the office
430	430	of inspector general that the state auditor determines is
431	431	appropriate. The office of inspector general may coordinate with
432	432	the state auditor to review or schedule a plan for an investigation
433	433	under Subchapter C, Chapter 242, or share other information.
434	434	(c) The state auditor may access all information maintained
435	435	by the office of inspector general, such as vouchers, electronic
436	436	data, and internal records, including information that is otherwise
437	437	confidential under law. Information obtained by the state auditor
438	438	under this subsection is confidential and is not subject to
439	439	disclosure under Chapter 552, Government Code.
440	440	(d) Any provision of this title relating to the operations
441	441	of the office of inspector general does not:
442	442	(1) supersede the authority of the state auditor to
443	443	conduct an audit under Chapter 321, Government Code; or
444	444	(2) prohibit the state auditor from:
445	445	(A) conducting an audit, investigation, or other
446	446	review; or
447	447	(B) having full and complete access to all
448	448	records and other information concerning the department, including
449	449	any witness statement or electronic data, that the state auditor
450	450	considers necessary for the audit, investigation, or review.
451	451	Sec. 202.010. SUNSET PROVISION. The Texas Juvenile
452	452	Justice Board and the Texas Juvenile Justice Department are subject
453	453	to Chapter 325, Government Code (Texas Sunset Act). Unless
454	454	continued in existence as provided by that chapter, the board and
455	455	the department are abolished September 1, 2015.
456	456	CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT
457	457	Sec. 203.001. CONTROL OVER DEPARTMENT; PRIORITIZATION OF
458	458	SERVICES. (a) The board is the governing body of the department
459	459	and is responsible for the operations of the department.
460	460	(b) The board shall develop and implement policies that
461	461	clearly separate the policymaking responsibilities of the board and
462	462	the management responsibilities of the executive director and the
463	463	staff of the department.
464	464	(c) A mission of the department is to achieve the goal of
465	465	prioritizing the use of probation services for juveniles over the
466	466	commitment of juveniles to state facilities. The board shall
467	467	develop and implement policies that prioritize the provision of:
468	468	(1) probation services under Subtitle B over
469	469	commitment under Subtitle C; and
470	470	(2) funding and assistance to juvenile probation
471	471	departments operated in accordance with Chapter 142.
472	472	Sec. 203.002. EXECUTIVE DIRECTOR. The board shall:
473	473	(1) employ an executive director to administer the
474	474	department; and
475	475	(2) supervise the director's administration of the
476	476	department.
477	477	Sec. 203.003. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
478	478	(a) The department shall comply with federal and state laws related
479	479	to program and facility accessibility.
480	480	(b) The board shall prepare and maintain a written plan that
481	481	describes how a person who does not speak English can be provided
482	482	reasonable access to the department's programs and services.
483	483	Sec. 203.004. USE OF TECHNOLOGY. The board shall implement
484	484	a policy requiring the department to use appropriate technological
485	485	solutions to improve the department's ability to perform its
486	486	functions. The policy must ensure that the public is able to
487	487	interact with the department on the Internet.
488	488	Sec. 203.005. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
489	489	RESOLUTION. (a) The board shall develop and implement a policy to
490	490	encourage the use of:
491	491	(1) negotiated rulemaking procedures under Chapter
492	492	2008, Government Code, for the adoption of department rules; and
493	493	(2) appropriate alternative dispute resolution
494	494	procedures under Chapter 2009, Government Code, to assist in the
495	495	resolution of internal and external disputes under the department's
496	496	jurisdiction.
497	497	(b) The department's procedures relating to alternative
498	498	dispute resolution must conform, to the extent possible, to any
499	499	model guidelines issued by the State Office of Administrative
500	500	Hearings for the use of alternative dispute resolution by state
501	501	agencies.
502	502	(c) The board shall designate a trained person to:
503	503	(1) coordinate the implementation of the policy
504	504	adopted under Subsection (a);
505	505	(2) serve as a resource for any training needed to
506	506	implement the procedures for negotiated rulemaking or alternative
507	507	dispute resolution; and
508	508	(3) collect data concerning the effectiveness of those
509	509	procedures, as implemented by the department.
510	510	Sec. 203.006. GIFTS AND GRANTS. (a) The department may
511	511	apply for and accept gifts and grants from any public or private
512	512	source to use in maintaining and improving services provided under
513	513	this title.
514	514	(b) The department shall deposit money received under this
515	515	section in the state treasury. The department may use the money
516	516	only to make payments of state aid under Subtitle B and to
517	517	administer this title.
518	518	Sec. 203.007. MEDICAID BENEFITS. The department shall:
519	519	(1) identify areas in which federal Medicaid program
520	520	benefits could be used in a manner that is cost-effective for
521	521	juveniles in the juvenile justice system;
522	522	(2) develop a program to encourage application for and
523	523	receipt of Medicaid benefits;
524	524	(3) provide technical assistance to counties relating
525	525	to eligibility for Medicaid benefits; and
526	526	(4) monitor the extent to which counties make use of
527	527	Medicaid benefits.
528	528	Sec. 203.008. STUDIES; STATISTICAL RECORDS. (a) The
529	529	department may conduct or participate in studies relating to
530	530	corrections methods and systems and to treatment and therapy
531	531	programs at the governor's request or on the department's own
532	532	initiative.
533	533	(b) The department shall continuously study the problem of
534	534	juvenile delinquency in this state and the effectiveness of
535	535	services provided or regulated by the department under Subtitle B
536	536	or C and shall report the department's findings to the governor and
537	537	the legislature before each regular legislative session.
538	538	(c) The department shall keep records relating to juveniles
539	539	within the juvenile justice system that participate in research
540	540	programs or studies.
541	541	(d) The records must show, for each calendar quarter and for
542	542	each calendar year:
543	543	(1) the number of juveniles participating in research
544	544	programs or studies for the appropriate reporting period;
545	545	(2) the type of research program or study in which each
546	546	juvenile is participating;
547	547	(3) the name of the principal investigator conducting
548	548	the research program or study; and
549	549	(4) the entity sponsoring the research program or
550	550	study.
551	551	(e) The department shall submit a report that contains the
552	552	information in the records kept under Subsection (d) on or before
553	553	the 15th day after the last day of the appropriate reporting period
554	554	to the:
555	555	(1) governor;
556	556	(2) lieutenant governor;
557	557	(3) speaker of the house of representatives; and
558	558	(4) members of the senate and house of
559	559	representatives.
560	560	(f) A report submitted under this section is public
561	561	information under Chapter 552, Government Code.
562	562	Sec. 203.009. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH,
563	563	RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this section,
564	564	"evidence" means any record, book, paper, document, data, or other
565	565	evidence maintained by electronic or other means.
566	566	(b) The department may issue a subpoena requiring the
567	567	attendance of a witness or the production of evidence that the
568	568	department considers necessary for the investigation of:
569	569	(1) abuse, neglect, or exploitation allegations;
570	570	(2) complaints;
571	571	(3) financial and programmatic audits of juvenile
572	572	probation programs, services, and facilities, including juvenile
573	573	justice alternative education programs; or
574	574	(4) any other matter under the authority of the
575	575	department, including a determination of treatment under Section
576	576	244.005.
577	577	(c) The department may issue a subpoena under Subsection (b)
578	578	only if the subpoena is signed by:
579	579	(1) the presiding officer of the board or, if the
580	580	presiding officer is unavailable, the presiding officer's
581	581	designee; and
582	582	(2) at least two other members of the board, including
583	583	a board member who is a judge.
584	584	(d) Any peace officer, department investigator, other
585	585	department official, or person authorized under Article 24.01, Code
586	586	of Criminal Procedure, may serve the subpoena in the same manner
587	587	that similar process in a court of record having original
588	588	jurisdiction of criminal actions is served.
589	589	(e) A subpoena under this section shall be served and
590	590	witness fees and mileage paid as in civil cases in the district
591	591	court in the county to which the witness is called, unless the
592	592	proceeding for which the service or payment is made is under Chapter
593	593	2001, Government Code, in which case the service or payment shall be
594	594	made as provided in that chapter. Witnesses subpoenaed at the
595	595	instance of the department shall be paid their fees and mileage by
596	596	the department out of funds appropriated for that purpose.
597	597	(f) On application of the department, a court of record
598	598	having original jurisdiction of criminal actions may compel the
599	599	attendance of a witness, the production of material, or the giving
600	600	of testimony before the department, by an attachment for contempt
601	601	or in the same manner as the court may otherwise compel the
602	602	production of evidence.
603	603	(g) The presiding officer or a member of the board may
604	604	administer an oath to a witness in attendance before the department
605	605	or before an authorized representative of the department.
606	606	(h) If a witness in attendance before the department or
607	607	before an authorized representative refuses without reasonable
608	608	cause to be examined or answer a legal or pertinent question, or to
609	609	produce evidence when ordered by the commission, the department may
610	610	apply to the district court for a rule or order returnable in not
611	611	less than two or in more than five days, directing the witness to
612	612	show cause before the judge why the witness should not be punished
613	613	for contempt. The department may apply to the district court of any
614	614	county where the witness is in attendance, on proof by affidavit of
615	615	the fact, unless the order of contempt is sought under Chapter 2001,
616	616	Government Code, in which case the department shall apply to a
617	617	district court of Travis County, as provided by that chapter. On
618	618	return of the order, the judge hearing the matter shall examine the
619	619	witness under oath and the witness shall be given an opportunity to
620	620	be heard. If the judge determines that the witness has refused,
621	621	without reasonable cause or legal excuse, to be examined or answer a
622	622	legal or pertinent question, or to produce evidence that the
623	623	witness was ordered to bring or produce, the judge may immediately
624	624	find the witness in contempt of court.
625	625	(i) The department shall be granted access at any reasonable
626	626	time to any evidence that is related to any matter the department or
627	627	executive director considers necessary to administer the
628	628	department's functions, powers, and duties.
629	629	Sec. 203.010. PUBLIC INTEREST INFORMATION. The department
630	630	shall prepare information of public interest describing the
631	631	functions of the department and describing the procedures by which
632	632	complaints are filed with and resolved by the department. The
633	633	department shall make the information available to the general
634	634	public and appropriate state agencies.
635	635	Sec. 203.011. DEPARTMENT COMPLAINTS. (a) The department
636	636	shall maintain a system to promptly and efficiently act on
637	637	complaints filed with the department. The department shall
638	638	maintain information about parties to the complaint, the subject
639	639	matter of the complaint, a summary of the results of the review or
640	640	investigation of the complaint, and the disposition of the
641	641	complaint.
642	642	(b) The department shall make information available
643	643	describing its procedures for complaint investigation and
644	644	resolution.
645	645	(c) The department shall periodically notify the complaint
646	646	parties of the status of the complaint until final disposition of
647	647	the complaint.
648	648	Sec. 203.012. APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.
649	649	A juvenile probation department that is aggrieved by a decision of
650	650	the executive director may appeal the executive director's decision
651	651	to the board. The decision of the board is final and cannot be
652	652	appealed.
653	653	Sec. 203.013. JUVENILE JUSTICE IMPROVEMENT PLAN; ANNUAL
654	654	REPORT. (a) As soon as possible after September 1 of each year, the
655	655	department shall review, update, and adopt the juvenile justice
656	656	improvement plan adopted by the department in the previous fiscal
657	657	year.
658	658	(b) In updating the juvenile justice improvement plan under
659	659	Subsection (a), the department shall have the following goals:
660	660	(1) to the maximum extent possible, reserving
661	661	facilities operated by or under contract with the state for higher
662	662	risk juveniles;
663	663	(2) increasing reliance on alternatives to secure
664	664	placement, except when secure placement is necessary to address
665	665	adequately a juvenile offender's treatment needs or prevent the
666	666	juvenile offender from reoffending;
667	667	(3) serving juveniles in settings that are as close to
668	668	the juveniles' homes as possible;
669	669	(4) using facility and program designs proven to be
670	670	most effective in rehabilitating juveniles;
671	671	(5) locating facilities as geographically as close as
672	672	possible to necessary workforce and other services; and
673	673	(6) developing county centers or consortiums that
674	674	enhance county collaboration.
675	675	(c) The department shall make an annual implementation
676	676	report to the governor, the lieutenant governor, the speaker of the
677	677	house of representatives, and the Criminal Justice Legislative
678	678	Oversight Committee concerning:
679	679	(1) the department's progress in implementing the
680	680	juvenile justice improvement plan; and
681	681	(2) using the comprehensive system to measure
682	682	performance incorporated into the juvenile justice improvement
683	683	plan, the overall performance of the juvenile justice system in
684	684	this state.
685	685	(d) The department shall submit the annual implementation
686	686	report described by Subsection (c) on the following dates for the
687	687	following periods:
688	688	(1) December 2012, for the period of September 1,
689	689	2011, through August 31, 2012;
690	690	(2) December 2013, for the period of September 1,
691	691	2012, through August 31, 2013;
692	692	(3) December 2014, for the period of September 1,
693	693	2013, through August 31, 2014; and
694	694	(4) December 2015, for the period of September 1,
695	695	2014, through August 31, 2015.
696	696	(e) As soon as possible after September 1, 2010, and not
697	697	later than December 31, 2010, the department shall receive, amend,
698	698	if necessary, and adopt the comprehensive juvenile justice
699	699	improvement plan developed by the juvenile justice improvement plan
700	700	committee under Subchapter B, Chapter 201A. This subsection
701	701	expires December 31, 2010.
702	702	(f) This section expires December 31, 2015.
703	703	SECTION 1.003. Title 12, Human Resources Code, as added by
704	704	this Act, is amended by adding Subtitle B with a heading to read as
705	705	follows:
706	706	SUBTITLE B. PROBATION SERVICES; PROBATION FACILITIES
707	707	SECTION 1.004. Subchapters C, D, and E, Chapter 141, Human
708	708	Resources Code, are transferred to Subtitle B, Title 12, Human
709	709	Resources Code, as added by this Act, redesignated as Chapters 221,
710	710	222, and 223, respectively, and amended to read as follows:
711	711	CHAPTER 221. ASSISTANCE TO COUNTIES AND REGULATION OF JUVENILE
712	712	BOARDS AND JUVENILE PROBATION DEPARTMENTS
713	713	SUBCHAPTER A. GENERAL PROVISIONS [SUBCHAPTER C. POWERS AND DUTIES
714	714	OF COMMISSION]
715	715	Sec. 221.001 [141.041]. PROVISION OF PROBATION AND DETENTION
716	716	SERVICES. (a) The department [commission] shall assist counties in
717	717	providing probation and juvenile detention services by encouraging
718	718	the continued operation of county and multi-county juvenile boards
719	719	or probation offices.
720	720	(b) If a county discontinues the provision of juvenile
721	721	probation services, the department [commission] may directly
722	722	provide probation or detention services in the county.
723	723	Sec. 221.002 [141.042]. GENERAL RULES GOVERNING JUVENILE
724	724	BOARDS, PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
725	725	FACILITIES. (a) The department [commission] shall adopt reasonable
726	726	rules that provide:
727	727	(1) minimum standards for personnel, staffing, case
728	728	loads, programs, facilities, record keeping, equipment, and other
729	729	aspects of the operation of a juvenile board that are necessary to
730	730	provide adequate and effective probation services;
731	731	(2) a code of ethics for probation and detention
732	732	officers and for the enforcement of that code;
733	733	(3) appropriate educational, preservice and
734	734	in-service training, and certification standards for probation and
735	735	detention officers or court-supervised community-based program
736	736	personnel;
737	737	(4) minimum standards for public and private juvenile
738	738	pre-adjudication secure detention facilities, public juvenile
739	739	post-adjudication secure correctional facilities that are operated
740	740	under the authority of a juvenile board, and private juvenile
741	741	post-adjudication secure correctional facilities, except those
742	742	facilities exempt from certification by Section 42.052(g); and
743	743	(5) minimum standards for juvenile justice
744	744	alternative education programs created under Section 37.011,
745	745	Education Code, in collaboration and conjunction with the Texas
746	746	Education Agency, or its designee.
747	747	(b) In adopting the rules, the department [commission]
748	748	shall consider local information and evidence gathered through
749	749	public review and comment.
750	750	(c) The department [commission] shall operate a statewide
751	751	registry for all public and private juvenile pre-adjudication
752	752	secure detention facilities and all public and private juvenile
753	753	post-adjudication secure correctional facilities [except a
754	754	facility operated or certified by the Texas Youth Commission].
755	755	(d) The rules adopted under Subsection (a) apply to all
756	756	correctional facilities that accept only juveniles who are on
757	757	probation, regardless of whether the facility is operated by or
758	758	under contract with a juvenile board or by a private entity
759	759	independent from and not under contract with a juvenile board.
760	760	(e) A juvenile board that does not accept state aid funding
761	761	from the department under Section 223.001 shall report to the
762	762	department each month on a form provided by the department the same
763	763	data as that required of counties accepting state aid funding
764	764	regarding juvenile justice activities under the jurisdiction of the
765	765	juvenile board. If the department makes available free software to
766	766	a juvenile board for the automation and tracking of juveniles under
767	767	the jurisdiction of the juvenile board, the department may require
768	768	the monthly report to be provided in an electronic format adopted by
769	769	rule by the department.
770	770	Sec. 221.003. RULES CONCERNING MENTAL HEALTH SCREENING
771	771	INSTRUMENT; ADMISSIBILITY OF STATEMENTS. (a) The department by
772	772	rule shall require juvenile [(e) Juvenile] probation departments to
773	773	[shall] use the mental health screening instrument selected by the
774	774	department [commission] for the initial screening of children under
775	775	the jurisdiction of probation departments who have been formally
776	776	referred to a juvenile probation [the] department. The department
777	777	[commission] shall give priority to training in the use of this
778	778	instrument in any preservice or in-service training that the
779	779	department [commission] provides for probation officers. The rules
780	780	adopted by the department under this subsection must allow a [A]
781	781	clinical assessment by a licensed mental health professional to
782	782	[may] be substituted for the mental health screening instrument
783	783	selected by the department [commission] if the clinical assessment
784	784	is performed in the time prescribed by the department [commission].
785	785	Juvenile probation departments shall report data from the use of
786	786	the screening instrument or the clinical assessment to the
787	787	department [commission] in a format and in the time prescribed by
788	788	the department [commission].
789	789	(b) [(g)] Any statement made by a child and any mental
790	790	health data obtained from the child during the administration of
791	791	the mental health screening instrument under this section is not
792	792	admissible against the child at any other hearing. The person
793	793	administering the mental health screening instrument shall inform
794	794	the child that any statement made by the child and any mental health
795	795	data obtained from the child during the administration of the
796	796	instrument is not admissible against the child at any other
797	797	hearing.
798	798	[(h) A juvenile board that does not accept state aid funding
799	799	from the commission under Section 141.081 shall report to the
800	800	commission each month on a form provided by the commission the same
801	801	data as that required of counties accepting state aid funding
802	802	regarding juvenile justice activities under the jurisdiction of the
803	803	board. If the commission makes available free software to the board
804	804	for the automation and tracking of juveniles under the jurisdiction
805	805	of the board, the commission may require the monthly report to be
806	806	provided in an electronic format adopted by rule by the
807	807	commission.]
808	808	Sec. 221.004 [141.0421]. STANDARDS RELATING TO LOCAL
809	809	PROBATION DEPARTMENTS. (a) The department [commission] shall adopt
810	810	rules that provide:
811	811	(1) standards for the collection and reporting of
812	812	information about juvenile offenders by local probation
813	813	departments;
814	814	(2) performance measures to determine the
815	815	effectiveness of probation services provided by local probation
816	816	departments; and
817	817	(3) case management standards for all probation
818	818	services provided by local probation departments.
819	819	(b) The department [commission] shall monitor local
820	820	probation departments for compliance with the standards and
821	821	measures that the department [commission] adopts.
822	822	(c) The department [commission] shall provide technical
823	823	assistance to local probation departments to aid compliance with
824	824	the standards and measures that the department [commission] adopts.
825	825	Sec. 221.005 [141.043]. TRAINING AND ASSISTANCE TO LOCAL
826	826	AUTHORITIES. The department [commission] shall provide
827	827	educational training and technical assistance to counties,
828	828	juvenile boards, and probation offices to:
829	829	(1) promote compliance with the standards required
830	830	under this chapter; and
831	831	(2) assist the local authorities in improving the
832	832	operation of probation, parole, and detention services.
833	833	Sec. 221.006 [141.0431]. VIOLENCE PREVENTION AND CONFLICT
834	834	RESOLUTION TRAINING. The department [commission] shall:
835	835	(1) provide training on request to juvenile probation
836	836	departments and juvenile boards in violence prevention and conflict
837	837	resolution programs that include discussion of domestic violence
838	838	and child abuse issues; and
839	839	(2) encourage the inclusion of a violence prevention
840	840	and conflict resolution program as a condition of probation.
841	841	Sec. 221.007 [141.044]. JUVENILE BOARD RECORDS AND REPORTS.
842	842	Each juvenile board in the state shall:
843	843	(1) keep the financial, programmatic, and statistical
844	844	records the department [commission] considers necessary; and
845	845	(2) submit periodic financial, programmatic, and
846	846	statistical reports to the department [commission] as required by
847	847	the department [commission] and in the format specified by the
848	848	department [commission], including electronic submission.
849	849	[Sec. 141.045. GIFTS AND GRANTS. (a) The commission may
850	850	apply for and accept gifts and grants from any public or private
851	851	source to use in maintaining and improving probation services in
852	852	the state.
853	853	[(b) The commission shall deposit money received under this
854	854	section in the state treasury. The commission may use the money only
855	855	to make payments of state aid under this chapter and to administer
856	856	this chapter.]
857	857	Sec. 221.008 [141.046]. INSPECTIONS AND AUDITS. (a) The
858	858	department [commission] may inspect and evaluate a juvenile board
859	859	and probation department and audit the juvenile board's [its]
860	860	financial, programmatic, and statistical records at reasonable
861	861	times to determine compliance with the department's [commission's]
862	862	rules.
863	863	(b) The department [commission] may inspect any program or
864	864	facility that accepts only juveniles who are on probation operated:
865	865	(1) on behalf of and under the authority of the
866	866	juvenile board by the probation department, a governmental entity,
867	867	or private vendor; or
868	868	(2) by a private entity independent from and not under
869	869	contract with or on behalf of the juvenile board.
870	870	[Sec. 141.0461. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER
871	871	OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this
872	872	section, "evidence" means any record, book, paper, document, data,
873	873	or other evidence maintained by electronic or other means.
874	874	[(b) The commission may issue a subpoena requiring the
875	875	attendance of a witness or the production of evidence that the
876	876	commission considers necessary for the investigation of:
877	877	[(1) abuse, neglect, or exploitation allegations;
878	878	[(2) complaints;
879	879	[(3) financial and programmatic audits of juvenile
880	880	probation programs services and facilities, including juvenile
881	881	justice alternative education programs; or
882	882	[(4) any matter under the authority of the
883	883	commission.
884	884	[(c) The commission may issue a subpoena under Subsection
885	885	(b) only if the subpoena is signed by:
886	886	[(1) the chairman of the commission or, if the
887	887	chairman is unavailable, the vice-chairman of the commission; and
888	888	[(2) at least two other members of the commission,
889	889	including a member who is a judge.
890	890	[(d) Any peace officer, commission investigator, other
891	891	commission official, or person authorized under Article 24.01, Code
892	892	of Criminal Procedure, may serve the subpoena in the same manner
893	893	that similar process in a court of record having original
894	894	jurisdiction of criminal actions is served.
895	895	[(e) A subpoena under this section shall be served and
896	896	witness fees and mileage paid as in civil cases in the district
897	897	court in the county to which the witness is called, unless the
898	898	proceeding for which the service or payment is made is under Chapter
899	899	2001, Government Code, in which case the service or payment shall be
900	900	made as provided in that chapter. Witnesses subpoenaed at the
901	901	instance of the commission shall be paid their fees and mileage by
902	902	the commission out of funds appropriated for that purpose.
903	903	[(f) On application of the commission, a court of record
904	904	having original jurisdiction of criminal actions may compel the
905	905	attendance of a witness, the production of material, or the giving
906	906	of testimony before the commission, by an attachment for contempt
907	907	or in the same manner as the court may otherwise compel the
908	908	production of evidence.
909	909	[(g) The chairman or another member of the commission may
910	910	administer an oath to a witness in attendance before the commission
911	911	or before an authorized representative of the commission.
912	912	[(h) If a witness in attendance before the commission or
913	913	before an authorized representative refuses without reasonable
914	914	cause to be examined or answer a legal or pertinent question, or to
915	915	produce evidence when ordered by the commission, the commission
916	916	may apply to the district court for a rule or order returnable in
917	917	not less than two or in more than five days, directing the witness
918	918	to show cause before the judge why the witness should not be
919	919	punished for contempt. The commission may apply to the district
920	920	court of any county where the witness is in attendance, on proof by
921	921	affidavit of the fact, unless the order of contempt is sought under
922	922	Chapter 2001, Government Code, in which case the commission shall
923	923	apply to a district court of Travis County, as provided by that
924	924	chapter. On return of the order, the judge hearing the matter shall
925	925	examine the witness under oath and the witness shall be given an
926	926	opportunity to be heard. If the judge determines that the witness
927	927	has refused, without reasonable cause or legal excuse, to be
928	928	examined or answer a legal or pertinent question, or to produce
929	929	evidence that the witness was ordered to bring or produce, the judge
930	930	may immediately find the witness in contempt of court.
931	931	[(i) The commission shall be granted access at any
932	932	reasonable time to any evidence that is related to any matter the
933	933	commission or executive director considers necessary to administer
934	934	the commission's functions, powers, and duties.]
935	935	Sec. 221.009 [141.047]. INTERAGENCY AND INTERGOVERNMENTAL
936	936	COOPERATION. (a) To improve probation services, the department
937	937	[commission] may cooperate and contract with:
938	938	(1) the federal government;
939	939	(2) governmental agencies in this state and other
940	940	states;
941	941	(3) political subdivisions of the state; and
942	942	(4) private agencies.
943	943	(b) The executive director[, the executive commissioner of
944	944	the Texas Youth Commission,] and the commissioners of education,
945	945	mental health and mental retardation, and human services shall meet
946	946	in Austin at least quarterly to:
947	947	(1) discuss mutual problems;
948	948	(2) resolve conflicts in providing services to
949	949	juveniles; and
950	950	(3) make recommendations to the governor and
951	951	legislature.
952	952	[Sec. 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
953	953	JUSTICE SYSTEM. (a) The commission and the Texas Youth Commission
954	954	shall biennially develop a coordinated strategic plan which shall
955	955	guide, but not substitute for, the strategic plans developed
956	956	individually by the agencies.
957	957	[(b) The plan shall:
958	958	[(1) identify short-term and long-term policy goals;
959	959	[(2) identify time frames and strategies for meeting
960	960	the goals identified under Subdivision (1);
961	961	[(3) estimate population projections, including
962	962	projections of population characteristics;
963	963	[(4) estimate short-term and long-term capacity,
964	964	programmatic, and funding needs;
965	965	[(5) describe intensive service and surveillance
966	966	parole pilot programs to be jointly developed;
967	967	[(6) include an evaluation of aftercare services
968	968	emphasizing concrete outcome measures, including recidivism and
969	969	educational progress;
970	970	[(7) identify objective criteria for the various
971	971	decision points throughout the continuum of juvenile justice
972	972	services and sanctions to guard against disparate treatment of
973	973	minority youth; and
974	974	[(8) identify cross-agency outcome measures by which
975	975	to evaluate the effectiveness of the system generally.
976	976	[(c) The governing board of the Texas Juvenile Probation
977	977	Commission and the executive commissioner of the Texas Youth
978	978	Commission shall adopt the coordinated strategic plan on or before
979	979	December 1st of each odd-numbered year, or before the adoption of
980	980	the agency's individual strategic plan, whichever is earlier.
981	981	[Sec. 141.048. STUDIES. (a) The commission may conduct or
982	982	participate in studies relating to corrections methods and systems
983	983	and to treatment and therapy programs at the governor's request or
984	984	on its own motion.
985	985	[(b) The commission shall continuously study the
986	986	effectiveness of probation services and shall report its findings
987	987	to the governor and the legislature before each regular legislative
988	988	session.
989	989	[Sec. 141.0486. REPORTING CONCERNING RESEARCH PROGRAMS OR
990	990	STUDIES. (a) The commission shall keep records relating to
991	991	children within the juvenile probation system that participate in
992	992	research programs or studies.
993	993	[(b) The records must show, for each calendar quarter and
994	994	for each calendar year:
995	995	[(1) the number of children participating in research
996	996	programs or studies for the appropriate reporting period;
997	997	[(2) the type of research program or study in which
998	998	each child is participating;
999	999	[(3) the name of the principal investigator conducting
1000	1000	the research program or study; and
1001	1001	[(4) the entity sponsoring the research program or
1002	1002	study.
1003	1003	[(c) The commission shall submit a report that contains the
1004	1004	information in the records kept under Subsection (b) on or before
1005	1005	the 15th day after the last day of the appropriate reporting period
1006	1006	to the:
1007	1007	[(1) governor;
1008	1008	[(2) lieutenant governor;
1009	1009	[(3) speaker of the house of representatives; and
1010	1010	[(4) members of the senate and house of
1011	1011	representatives.
1012	1012	[(d) A report submitted under this section is public
1013	1013	information under Chapter 552, Government Code.]
1014	1014	Sec. 221.010 [141.049]. COMPLAINTS RELATING TO JUVENILE
1015	1015	BOARDS. (a) The department [commission] shall keep an information
1016	1016	file about each complaint filed with the department [commission]
1017	1017	relating to a juvenile board funded by the department [commission].
1018	1018	The department [commission] shall investigate the allegations in
1019	1019	the complaint and make a determination of whether there has been a
1020	1020	violation of the department's [commission's] rules relating to
1021	1021	juvenile probation programs, services, or facilities.
1022	1022	(b) The department shall handle and dispose of complaints
1023	1023	received under this section in the manner described by Section
1024	1024	203.011 [If a written complaint is filed with the commission
1025	1025	relating to a juvenile board funded by the commission, the
1026	1026	commission, at least quarterly and until final disposition of the
1027	1027	complaint, shall notify the complainant and the juvenile board of
1028	1028	the status of the complaint unless notice would jeopardize an
1029	1029	undercover investigation].
1030	1030	Sec. 221.011. INVESTIGATORS. (a) The department may
1031	1031	employ and commission investigators as peace officers for the
1032	1032	purpose of investigating allegations of abuse, neglect, and
1033	1033	exploitation in juvenile justice programs and facilities under
1034	1034	Section 261.405, Family Code.
1035	1035	(b) Peace officers employed and commissioned under
1036	1036	Subsection (a) must be certified by the Commission on Law
1037	1037	Enforcement Officer Standards and Education under Chapter 1701,
1038	1038	Occupations Code.
1039	1039	Sec. 221.012. DATA COLLECTION. (a) The department shall
1040	1040	collect comprehensive data concerning the outcomes of local
1041	1041	probation programs throughout the state.
1042	1042	(b) Data collected under Subsection (a) must include:
1043	1043	(1) a description of the types of programs and
1044	1044	services offered by a juvenile probation department, including a
1045	1045	description of the components of each program or service offered;
1046	1046	and
1047	1047	(2) the rate at which juveniles who enter or complete
1048	1048	juvenile probation are later committed to the custody of the state.
1049	1049	Sec. 221.013. ANNUAL REPORT ON ABUSE, NEGLECT, AND
1050	1050	EXPLOITATION. (a) On September 1 of each year or as soon as
1051	1051	possible after that date, the department shall prepare and deliver
1052	1052	a report to the board concerning the final outcome of any complaint
1053	1053	received under Section 261.405, Family Code, that concerns the
1054	1054	abuse, neglect, or exploitation of a juvenile. The report must
1055	1055	include a summary of the actions performed by the department and any
1056	1056	applicable juvenile board or juvenile probation department in
1057	1057	resolving the complaint.
1058	1058	(b) A report prepared under Subsection (a) is public
1059	1059	information under Chapter 552, Government Code, only to the extent
1060	1060	authorized by that chapter.
1061	1061	[Sections 221.014-221.050 reserved for expansion]
1062	1062	SUBCHAPTER B. CONTRACT STANDARDS AND MONITORING
1063	1063	Sec. 221.051 [141.050]. CONTRACT STANDARDS. (a) In each
1064	1064	contract with counties for local probation services, the department
1065	1065	[commission] shall include:
1066	1066	(1) clearly defined contract goals, outputs, and
1067	1067	measurable outcomes that relate directly to program objectives;
1068	1068	(2) clearly defined sanctions or penalties for failure
1069	1069	to comply with or perform contract terms or conditions; and
1070	1070	(3) clearly specified accounting, reporting, and
1071	1071	auditing requirements applicable to money received under the
1072	1072	contract.
1073	1073	(b) The department [commission] shall require each local
1074	1074	juvenile probation department:
1075	1075	(1) to include the provisions of Subsection (a) in its
1076	1076	contracts with private service providers that involve the use of
1077	1077	state funds; and
1078	1078	(2) to use data relating to the performance of private
1079	1079	service providers in prior contracts as a factor in selecting
1080	1080	providers to receive contracts.
1081	1081	(c) On and after September 1, 2010, the department shall
1082	1082	consider the past performance of a juvenile board when contracting
1083	1083	with the juvenile board for local probation services other than
1084	1084	basic probation services. In addition to the contract standards
1085	1085	described by Subsection (a), a contract with a juvenile board for
1086	1086	probation services other than basic probation services must:
1087	1087	(1) include specific performance targets for the
1088	1088	juvenile board based on the juvenile board's historic performance
1089	1089	of the services; and
1090	1090	(2) require a juvenile board to report on the juvenile
1091	1091	board's success in meeting the performance targets described by
1092	1092	Subdivision (1).
1093	1093	(d) Not later than September 1, 2010, the Texas Juvenile
1094	1094	Probation Commission by rule shall establish the specific
1095	1095	performance targets described by Subsection (c)(1) and define the
1096	1096	types of contracts that are considered basic probation service
1097	1097	contracts to which Subsection (c) does not apply. This subsection
1098	1098	expires September 1, 2010.
1099	1099	Sec. 221.052 [141.051]. CONTRACT MONITORING. The
1100	1100	department [commission] shall establish a formal program to monitor
1101	1101	contracts under Section 221.051 [141.050] made by the department
1102	1102	[commission]. The department [commission] must:
1103	1103	(1) monitor compliance with financial and performance
1104	1104	requirements using a risk assessment methodology; and
1105	1105	(2) obtain and evaluate program cost information to
1106	1106	ensure that each cost, including an administrative cost, is
1107	1107	reasonable and necessary to achieve program objectives.
1108	1108	[Sec. 141.052. MEDICAID BENEFITS. The commission shall:
1109	1109	[(1) identify areas in which federal Medicaid program
1110	1110	benefits could be used in a manner that is cost-effective for
1111	1111	children in the juvenile justice system;
1112	1112	[(2) develop a program to encourage application for
1113	1113	and receipt of Medicaid benefits;
1114	1114	[(3) provide technical assistance to counties
1115	1115	relating to eligibility for Medicaid benefits; and
1116	1116	[(4) monitor the extent to which counties make use of
1117	1117	Medicaid benefits.
1118	1118	[Sec. 141.053. ACCESSIBILITY TO PROGRAMS AND FACILITIES.
1119	1119	The commission shall comply with federal and state laws relating to
1120	1120	program and facility accessibility. The executive director shall
1121	1121	also prepare and maintain a written plan that describes how a person
1122	1122	who does not speak English can be provided reasonable access to the
1123	1123	commission's programs and services.]
1124	1124	Sec. 221.053 [141.054]. CONTRACTS FOR OUT-OF-STATE
1125	1125	JUVENILE INMATES. (a) The only entities other than the state
1126	1126	authorized to operate a correctional facility to house in this
1127	1127	state juvenile inmates convicted of offenses committed against the
1128	1128	laws of another state of the United States are:
1129	1129	(1) a county or municipality; and
1130	1130	(2) a private vendor operating a correctional facility
1131	1131	under a contract with a county or municipality.
1132	1132	(b) The department [commission] shall develop rules,
1133	1133	procedures, and minimum standards applicable to county or private
1134	1134	correctional facilities housing out-of-state juvenile inmates. A
1135	1135	contract made under Subsection (a) [of this section] shall require
1136	1136	the county, municipality, or private vendor to operate the facility
1137	1137	in compliance with minimum standards adopted by the department
1138	1138	[commission].
1139	1139	[Sec. 141.055. INVESTIGATORS. (a) The commission may employ
1140	1140	and commission investigators as peace officers for the purpose of
1141	1141	investigating allegations of abuse, neglect, and exploitation in
1142	1142	juvenile justice programs and facilities under Section 261.405,
1143	1143	Family Code.
1144	1144	[(b) Peace officers employed and commissioned under
1145	1145	Subsection (a) must be certified by the Commission on Law
1146	1146	Enforcement Officer Standards and Education under Chapter 1701,
1147	1147	Occupations Code.]
1148	1148	CHAPTER 222. STANDARDS FOR AND REGULATION OF CERTAIN [SUBCHAPTER
1149	1149	D. PROVISIONS RELATING TO] JUVENILE [PROBATION] OFFICERS
1150	1150	SUBCHAPTER A. STANDARDS FOR AND GENERAL REGULATION OF OFFICERS
1151	1151	Sec. 222.001 [141.061]. MINIMUM STANDARDS FOR PROBATION
1152	1152	OFFICERS. (a) To be eligible for appointment as a probation
1153	1153	officer, a person who was not employed as a probation officer before
1154	1154	September 1, 1981, must:
1155	1155	(1) be of good moral character;
1156	1156	(2) have acquired a bachelor's degree conferred by a
1157	1157	college or university accredited by an accrediting organization
1158	1158	recognized by the Texas Higher Education Coordinating Board;
1159	1159	(3) have either:
1160	1160	(A) one year of graduate study in criminology,
1161	1161	corrections, counseling, law, social work, psychology, sociology,
1162	1162	or other field of instruction approved by the department
1163	1163	[commission]; or
1164	1164	(B) one year of experience in full-time case
1165	1165	work, counseling, or community or group work:
1166	1166	(i) in a social service, community,
1167	1167	corrections, or juvenile agency that deals with offenders or
1168	1168	disadvantaged persons; and
1169	1169	(ii) that the department [commission]
1170	1170	determines provides the kind of experience necessary to meet this
1171	1171	requirement;
1172	1172	(4) have satisfactorily completed the course of
1173	1173	preservice training or instruction and any continuing education
1174	1174	required by the department [commission];
1175	1175	(5) have passed the tests or examinations required by
1176	1176	the department [commission]; and
1177	1177	(6) possess the level of certification required by the
1178	1178	department [commission].
1179	1179	(b) The department [commission] by rule may authorize the
1180	1180	waiver of the requirement of a year of graduate study or full-time
1181	1181	employment experience if the authority responsible for employing
1182	1182	the officer establishes to the satisfaction of the department
1183	1183	[commission] that, after a diligent search, the authority cannot
1184	1184	locate a person meeting that requirement to fill a job opening.
1185	1185	(c) The department [commission] by rule may authorize the
1186	1186	temporary employment of a person who has not completed a course of
1187	1187	preservice training, passed the examination, or attained the
1188	1188	required level of certification, contingent on the person meeting
1189	1189	those requirements within the time specified by the department
1190	1190	[commission].
1191	1191	(d) A person must possess the level of training, experience,
1192	1192	and certification required by the department [commission] to be
1193	1193	eligible for employment in a probation office in a position
1194	1194	supervising other probation officers. The department [commission]
1195	1195	may require several levels of certification to reflect increasing
1196	1196	levels of responsibility. A department [commission] rule relating
1197	1197	to levels of certification does not affect the continued employment
1198	1198	of a probation officer in a supervisory position if the person holds
1199	1199	that position on the date on which the rule takes effect.
1200	1200	(e) The department [commission] may waive any certification
1201	1201	requirement, except a fee requirement, for an applicant who has a
1202	1202	valid certification from another state that has certification
1203	1203	requirements that are substantially equivalent to the requirements
1204	1204	in this state.
1205	1205	(f) The department [commission] may waive the degree
1206	1206	accreditation requirement in Subsection (a)(2) if the applicant
1207	1207	possesses a foreign or other degree that the department
1208	1208	[commission] determines is the substantial equivalent of a
1209	1209	bachelor's degree. The department [commission] shall adopt rules
1210	1210	defining the procedures to be used to request a waiver of the
1211	1211	accreditation requirement in Subsection (a)(2).
1212	1212	Sec. 222.002 [141.0611]. MINIMUM STANDARDS FOR DETENTION
1213	1213	OFFICERS. To be eligible for appointment as a detention officer, a
1214	1214	person who was not employed as a detention officer before September
1215	1215	1, 2005, must:
1216	1216	(1) be of good moral character;
1217	1217	(2) be at least 21 years of age;
1218	1218	(3) have acquired a high school diploma or its
1219	1219	equivalent;
1220	1220	(4) have satisfactorily completed the course of
1221	1221	preservice training or instruction and any continuing education
1222	1222	required by the department [commission];
1223	1223	(5) have passed the tests or examinations required by
1224	1224	the department [commission]; and
1225	1225	(6) possess the level of certification required by the
1226	1226	department [commission].
1227	1227	Sec. 222.003. MINIMUM STANDARDS FOR CERTAIN EMPLOYEES OF
1228	1228	NONSECURE CORRECTIONAL FACILITIES. (a) The department by rule
1229	1229	shall adopt certification standards for persons who are employed in
1230	1230	nonsecure correctional facilities that accept only juveniles who
1231	1231	are on probation, regardless of whether the facility is operated by
1232	1232	or under contract with a governmental unit or by a private entity
1233	1233	independent from and not under contract with a governmental unit.
1234	1234	(b) The certification standards adopted under Subsection
1235	1235	(a) must be substantially similar to the certification requirements
1236	1236	for detention officers under Section 222.002.
1237	1237	Sec. 222.004. PERSONS WHO MAY NOT ACT AS CHIEF
1238	1238	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
1239	1239	peace officer, prosecuting attorney, or other person who is
1240	1240	employed by or who reports directly to a law enforcement or
1241	1241	prosecution official may not act as a chief administrative,
1242	1242	juvenile probation, or detention officer or be made responsible for
1243	1243	supervising a juvenile on probation.
1244	1244	(b) For purposes of this section, a chief administrative
1245	1245	officer, regardless of title, is the person who is:
1246	1246	(1) hired or appointed by or under contract with the
1247	1247	juvenile board; and
1248	1248	(2) responsible for the oversight of the operations of
1249	1249	the juvenile probation department or any juvenile justice program
1250	1250	operated by or under the authority of the juvenile board.
1251	1251	Sec. 222.005. PROHIBITION ON CARRYING FIREARM. (a) A
1252	1252	juvenile probation, detention, or corrections officer may not carry
1253	1253	a firearm in the course of the person's official duties.
1254	1254	(b) This section does not apply to an employee of the
1255	1255	department who is exclusively employed at a facility under Subtitle
1256	1256	C.
1257	1257	Sec. 222.006. PROBATION OFFICER: COUNTY EMPLOYEE. A
1258	1258	juvenile probation officer whose jurisdiction covers only one
1259	1259	county is considered to be an employee of that county.
1260	1260	[Sections 222.007-222.050 reserved for expansion]
1261	1261	SUBCHAPTER B. CERTIFICATION AND EXAMINATION
1262	1262	Sec. 222.051 [141.062]. NOTICE OF CERTIFICATION
1263	1263	EXAMINATION RESULTS. (a) Except as provided by Subsection (b) [of
1264	1264	this section], the department [commission] shall notify each person
1265	1265	taking a certification examination of the results of the
1266	1266	examination not later than the 30th day after the date on which the
1267	1267	examination is administered.
1268	1268	(b) The department [commission] shall notify a person
1269	1269	taking an examination graded or reviewed by a national testing
1270	1270	service of the results not later than the 14th day after the date on
1271	1271	which the department [commission] receives the results from the
1272	1272	testing service.
1273	1273	(c) If the notice of the examination results graded or
1274	1274	reviewed by a national testing service will be delayed for longer
1275	1275	than 90 days after the examination date, the department
1276	1276	[commission] shall notify the person of the reason for the delay
1277	1277	before that 90th day.
1278	1278	Sec. 222.052 [141.063]. ANALYSIS OF EXAMINATION
1279	1279	PERFORMANCE. The department [commission] shall furnish a person
1280	1280	who fails a certification test administered under this chapter with
1281	1281	an analysis of the person's performance on the examination if the
1282	1282	person requests the analysis in writing.
1283	1283	Sec. 222.053 [141.064]. REVOCATION OR SUSPENSION OF
1284	1284	CERTIFICATION. (a) The department [commission] may revoke or
1285	1285	suspend a certification, or reprimand a certified officer:
1286	1286	(1) [,] for a violation of this chapter or a department
1287	1287	[commission] rule; or
1288	1288	(2) if, under Subsection (c), a panel determines that
1289	1289	the continued certification of the person threatens juveniles in
1290	1290	the juvenile justice system.
1291	1291	(b) The department may place on probation a person whose
1292	1292	certification is suspended. If the suspension is probated, the
1293	1293	department may require the person to:
1294	1294	(1) report regularly to the department on matters that
1295	1295	are the basis of the probation; and
1296	1296	(2) continue or review professional education until
1297	1297	the person attains a degree of skill satisfactory to the department
1298	1298	in those areas that are the basis of the probation.
1299	1299	(c) The executive director may convene, in person or
1300	1300	telephonically, a panel of three board members to determine if a
1301	1301	person's continued certification threatens juveniles in the
1302	1302	juvenile justice system. If the panel determines that the person's
1303	1303	continued certification threatens juveniles in the juvenile
1304	1304	justice system, the person's license is temporarily suspended until
1305	1305	an administrative hearing is held as soon as possible under
1306	1306	Subsection (d). The executive director may convene a panel under
1307	1307	this subsection only if the danger posed by the person's continued
1308	1308	certification is imminent. The panel may hold a telephonic meeting
1309	1309	only if immediate action is required and convening the panel at one
1310	1310	location is inconvenient for any member of the panel.
1311	1311	(d) A person is entitled to a hearing before the State
1312	1312	Office of Administrative Hearings [commission or a hearings officer
1313	1313	appointed by the commission] if the department [commission]
1314	1314	proposes to suspend or revoke the person's certification.
1315	1315	(e) A person may appeal a ruling or order issued under this
1316	1316	section to a district court in the county in which the person
1317	1317	resides or in Travis County. The standard of review is under the
1318	1318	substantial evidence rule. [The commission shall prescribe
1319	1319	procedures by which each decision to suspend or revoke is made by or
1320	1320	is appealable to the commission.
1321	1321	[Sec. 141.065. PERSONS WHO MAY NOT ACT AS CHIEF
1322	1322	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a) A
1323	1323	peace officer, prosecuting attorney, or other person who is
1324	1324	employed by or who reports directly to a law enforcement or
1325	1325	prosecution official may not act as a chief administrative,
1326	1326	juvenile probation, or detention officer or be made responsible for
1327	1327	supervising a juvenile on probation.
1328	1328	[(b) For purposes of this section, a chief administrative
1329	1329	officer, regardless of title, is the person who is:
1330	1330	[(1) hired or appointed by or under contract with the
1331	1331	juvenile board; and
1332	1332	[(2) responsible for the oversight of the operations
1333	1333	of the juvenile probation department or any juvenile justice
1334	1334	program operated by or under the authority of the juvenile board.
1335	1335	[Sec. 141.066. PROHIBITION ON CARRYING FIREARM. (a) A
1336	1336	juvenile probation, detention, or corrections officer may not carry
1337	1337	a firearm in the course of the person's official duties.
1338	1338	[(b) This section does not apply to an employee of the Texas
1339	1339	Youth Commission.
1340	1340	[Sec. 141.067. PROBATION OFFICER: COUNTY EMPLOYEE. A
1341	1341	juvenile probation officer whose jurisdiction covers only one
1342	1342	county is considered to be an employee of that county.]
1343	1343	CHAPTER 223 [SUBCHAPTER E]. STATE AID
1344	1344	SUBCHAPTER A. GENERAL PROVISIONS
1345	1345	Sec. 223.001 [141.081]. DETERMINATION OF AMOUNT OF STATE
1346	1346	AID. (a) The department [commission] shall annually allocate funds
1347	1347	for financial assistance to juvenile boards to provide juvenile
1348	1348	services according to current estimates of the number of juveniles
1349	1349	in each county and other factors the department [commission]
1350	1350	determines are appropriate.
1351	1351	(b) The legislature may appropriate the amount of state aid
1352	1352	necessary to supplement local funds to maintain and improve
1353	1353	statewide juvenile services that comply with department
1354	1354	[commission] standards.
1355	1355	(c) The department [commission] may set aside a portion of
1356	1356	the funds appropriated to the department [commission] for state aid
1357	1357	to fund programs designed to address special needs or projects of
1358	1358	local juvenile boards.
1359	1359	(d) The department by rule shall establish one or more basic
1360	1360	probation services funding formulas and one or more community
1361	1361	corrections funding formulas. The funding formulas established
1362	1362	under this subsection must include each grant for which the Texas
1363	1363	Juvenile Probation Commission, on or before September 1, 2009,
1364	1364	established an allocation formula.
1365	1365	Sec. 223.002 [141.082]. MAINTENANCE OF LOCAL FINANCIAL
1366	1366	SUPPORT. (a) To receive the full amount of state aid funds for
1367	1367	which a juvenile board may be eligible, a juvenile board must
1368	1368	demonstrate to the department's [commission's] satisfaction that
1369	1369	the amount of local or county funds budgeted for juvenile services
1370	1370	is at least equal to the amount spent, excluding construction and
1371	1371	capital outlay expenses, for those services in the 1994 county
1372	1372	fiscal year. The department [commission] may waive this requirement
1373	1373	only if the juvenile board demonstrates to the department
1374	1374	[commission] that unusual, catastrophic, or exceptional
1375	1375	circumstances existed during the relevant year to affect adversely
1376	1376	the level of county funding. If the required amount of local funding
1377	1377	is not budgeted and the department [commission] does not grant a
1378	1378	waiver, the department [commission] shall reduce the allocation of
1379	1379	state aid funds to the juvenile board by the amount equal to the
1380	1380	amount that the county funding is below the required funding.
1381	1381	(b) For purposes of Subsection (a), the [The] amount spent
1382	1382	on juvenile detention and correctional facilities is included in
1383	1383	determining the amount of local or county funds. The amount spent
1384	1384	for construction or renovation is not included.
1385	1385	(c) The department [commission] must be satisfied at the end
1386	1386	of each county fiscal year that the juvenile board actually spent
1387	1387	local or county funds for juvenile services in the amount
1388	1388	demonstrated to the department [commission] at the beginning of the
1389	1389	fiscal year.
1390	1390	(d) The department [commission] may require a rebate of
1391	1391	state aid, or [may] withhold state aid to which the juvenile board
1392	1392	would otherwise be entitled, as necessary to satisfy the
1393	1393	requirement that a juvenile board spend funds as demonstrated.
1394	1394	Sec. 223.003 [141.083]. SPECIAL RULES FOR MULTI-COUNTY
1395	1395	JURISDICTIONS. If necessary, the department [commission] by rule
1396	1396	may provide for:
1397	1397	(1) the payment of compensation, insurance,
1398	1398	retirement, fringe benefits, and related matters to a juvenile
1399	1399	probation officer whose jurisdiction covers more than one county;
1400	1400	(2) the centralization of administrative
1401	1401	responsibility associated with the state aid program in a county
1402	1402	included in a multi-county jurisdiction; and
1403	1403	(3) the application of Section 223.001 [141.081 of
1404	1404	this code] to a multi-county jurisdiction.
1405	1405	Sec. 223.004 [141.084]. PAYMENT OF STATE AID. (a) When the
1406	1406	department [commission] determines that a juvenile board complies
1407	1407	with the department's [commission's] standards, the department
1408	1408	[commission] shall submit to the comptroller a voucher for payment
1409	1409	to a juvenile board of the amount of state aid to which the board is
1410	1410	entitled.
1411	1411	(b) The juvenile board's fiscal officer shall deposit all
1412	1412	state aid received under this chapter in a special fund. The
1413	1413	juvenile board may use the funds solely to provide juvenile
1414	1414	probation services.
1415	1415	(c) A juvenile board receiving state aid under this chapter
1416	1416	is subject to audit by:
1417	1417	(1) the Legislative Budget Board;
1418	1418	(2) [,] the governor's budget, policy, and planning
1419	1419	office;
1420	1420	(3) [,] the state auditor; [,] and
1421	1421	(4) the comptroller.
1422	1422	(d) A juvenile board receiving state aid under this chapter
1423	1423	shall submit reports as required by the department [commission].
1424	1424	Sec. 223.005 [141.085]. REFUSAL, REDUCTION, OR SUSPENSION
1425	1425	OF STATE AID. (a) The department [commission] may refuse, reduce,
1426	1426	or suspend payment of state aid to:
1427	1427	(1) a juvenile board that fails to comply with the
1428	1428	department's [commission's] rules or fails to maintain local
1429	1429	financial support; or
1430	1430	(2) a county that fails to comply with the minimum
1431	1431	standards provided under Section 221.002(a)(4) [141.042(a)(4)].
1432	1432	(b) The department [commission] shall provide for notice
1433	1433	and a hearing in a case in which the department [it] refuses,
1434	1434	reduces, or suspends state aid.
1435	1435	Sec. 223.006 [141.086]. FUNDING AND CONSTRUCTION OF
1436	1436	POST-ADJUDICATION FACILITIES. (a) The department [commission] may
1437	1437	provide state aid to a county to acquire, construct, and equip
1438	1438	post-adjudication residential or day-treatment centers from money
1439	1439	appropriated for those purposes. The facilities may be used for
1440	1440	children who are placed on probation by a juvenile court under
1441	1441	Section 54.04, Family Code, as an alternative to commitment to the
1442	1442	facilities of the department [Texas Youth Commission].
1443	1443	(b) State funds provided to counties under Subsection (a)
1444	1444	must be matched by local funds equal to at least one-fourth of the
1445	1445	state funds.
1446	1446	(c) From money appropriated for construction of the
1447	1447	facilities described by Subsection (a), the department
1448	1448	[commission] shall contract with the Texas Department of Criminal
1449	1449	Justice for construction management services, including:
1450	1450	(1) evaluation of project plans and specifications;
1451	1451	and
1452	1452	(2) review and comment on the selection of architects
1453	1453	and engineers, change orders, and sufficiency of project
1454	1454	inspection.
1455	1455	(d) On completion of the review of project plans and
1456	1456	specifications under Subsection (c), the Texas Department of
1457	1457	Criminal Justice shall issue a comprehensive report that states in
1458	1458	detail the proposed cost of the project. The department
1459	1459	[commission] shall use the report in making a comparative
1460	1460	evaluation of proposed projects and shall give priority to the
1461	1461	projects the department [commission] finds are the most effective
1462	1462	and economical.
1463	1463	(e) The department [commission] may not award money for a
1464	1464	capital construction project for a facility under this section
1465	1465	unless the department [commission] receives from the commissioners
1466	1466	court of the county intending to use the facility a written
1467	1467	commitment that the commissioners court has reviewed and accepted
1468	1468	the conditions of the award. If more than one county intends to use
1469	1469	the facility, the department [commission] must receive from each
1470	1470	county a written commitment that the county will agree with the
1471	1471	other counties to an interlocal contract to operate the facility in
1472	1472	accordance with the conditions of the award.
1473	1473	(f) A county receiving state aid under this section shall
1474	1474	adhere to department [commission] standards for the construction
1475	1475	and operation of a post-adjudication secure residential facility.
1476	1476	(g) For a facility constructed under this section, not more
1477	1477	than 25 percent of the operating costs of the facility may be
1478	1478	reimbursed by the department [commission].
1479	1479	(h) It is the intent of the legislature to appropriate the
1480	1480	full amount of money authorized under Subsection (g).
1481	1481	(i) [The commission shall conduct an annual audit of the
1482	1482	operating costs for a fiscal year of a facility constructed under
1483	1483	this section for each fiscal year through fiscal year 1999. The
1484	1484	commission shall submit a report on the results of the audit to the
1485	1485	Legislative Budget Board and the governor not later than the 60th
1486	1486	day after the last day of the fiscal year covered by the audit.
1487	1487	[(j)] In this section, "operating costs" means the
1488	1488	operating costs of a facility at an 80-percent occupancy rate.
1489	1489	[Sections 223.007-223.050 reserved for expansion]
1490	1490	SUBCHAPTER B. COMMUNITY CORRECTIONS PILOT PROGRAMS
1491	1491	Sec. 223.051. ESTABLISHMENT OF COMMUNITY CORRECTIONS PILOT
1492	1492	PROGRAMS. The department shall establish guidelines for the
1493	1493	implementation of community corrections pilot programs to provide
1494	1494	an array of rehabilitation services for juvenile offenders,
1495	1495	including juvenile delinquency prevention services and substance
1496	1496	abuse and mental health treatment services. Instead of ordering
1497	1497	commitment to the department under Section 54.04(d)(2), Family
1498	1498	Code, a juvenile court of a county that has established a community
1499	1499	corrections pilot program under this section may require a child to
1500	1500	participate in a community corrections pilot program if the child
1501	1501	was found to have engaged in delinquent conduct that:
1502	1502	(1) violates a penal law of the grade of felony under
1503	1503	Title 7, Penal Code, or Chapter 481, Health and Safety Code; and
1504	1504	(2) did not involve the use of force or the threat of
1505	1505	force against another person, including the use or exhibition of a
1506	1506	deadly weapon.
1507	1507	Sec. 223.052. GRANTS. (a) A juvenile board may apply to
1508	1508	the department for a grant to implement a community corrections
1509	1509	pilot program in the county.
1510	1510	(b) The department shall adopt rules that:
1511	1511	(1) govern the administration and operation of a
1512	1512	community corrections pilot program by a juvenile board; and
1513	1513	(2) establish a competitive process through which
1514	1514	juvenile boards may apply to the department for a grant under this
1515	1515	section.
1516	1516	(c) The rules adopted under Subsection (b)(1) must:
1517	1517	(1) require a juvenile board that applies for a grant
1518	1518	under this section to detail the manner in which the juvenile board
1519	1519	intends to use any grant money the county receives;
1520	1520	(2) establish conditions that a county must meet in
1521	1521	order to receive a grant under this section, including conditions
1522	1522	related to:
1523	1523	(A) reduced commitment targets for the county
1524	1524	that the juvenile board serves;
1525	1525	(B) specific performance measures by which a
1526	1526	community corrections pilot program will be evaluated;
1527	1527	(C) restrictions on the use of grant money; and
1528	1528	(D) any other standard condition the department
1529	1529	requires; and
1530	1530	(3) require a juvenile board that receives a grant
1531	1531	under this section and chooses to use the grant to contract for
1532	1532	services to be provided under the community corrections pilot
1533	1533	program to use a contracting process that is open to nonprofit,
1534	1534	for-profit, and faith-based organizations that:
1535	1535	(A) demonstrate experience in effectively
1536	1536	implementing juvenile delinquency prevention and juvenile
1537	1537	treatment programs;
1538	1538	(B) demonstrate the ability to quantify the
1539	1539	effectiveness of the programs; and
1540	1540	(C) provide innovative or specialized juvenile
1541	1541	justice or family programs.
1542	1542	Sec. 223.053. FUNDING TO JUVENILE BOARDS. (a) The
1543	1543	department by rule shall establish a funding formula for juvenile
1544	1544	boards implementing a community corrections pilot program. The
1545	1545	formula must take into account:
1546	1546	(1) the average daily cost to the state of committing a
1547	1547	juvenile to a facility operated by the department under Subtitle C;
1548	1548	(2) the average length of stay for a juvenile
1549	1549	committed to a facility operated by the department under Subtitle
1550	1550	C; and
1551	1551	(3) the projected yearly number of commitments for
1552	1552	each county the juvenile board receiving the grant serves.
1553	1553	(b) The funding formula established under Subsection (a)
1554	1554	may take into account any factor not described by Subsection (a)
1555	1555	that the department determines is relevant, including the historic
1556	1556	average annual number of referrals for a county and the population
1557	1557	of a county.
1558	1558	(c) Except as otherwise provided by this subsection, the
1559	1559	department shall distribute money for the community corrections
1560	1560	pilot programs under this section in the same manner as other state
1561	1561	aid is distributed under Subchapter A. Costs associated with a
1562	1562	child who is participating in the pilot program and who is committed
1563	1563	to the department shall be subtracted from the juvenile board's
1564	1564	pilot program allotment and transferred to an account in the
1565	1565	general revenue fund for the operation of secure facilities under
1566	1566	Subtitle C. The amount of money to be subtracted from a juvenile
1567	1567	board's allotment is computed on the average daily cost of
1568	1568	committing a juvenile to a facility operated by the department
1569	1569	under Subtitle C as provided by Subsection (a)(1).
1570	1570	Sec. 223.054. JUVENILE BOARD OBLIGATIONS. A juvenile board
1571	1571	that receives a grant under this subchapter:
1572	1572	(1) may not use these funds to supplant existing
1573	1573	expenditures associated with programs, services, and residential
1574	1574	placement of youth in the local juvenile probation departments;
1575	1575	(2) shall comply with all applicable department rules;
1576	1576	and
1577	1577	(3) shall report on the use and evaluate the
1578	1578	effectiveness of the program.
1579	1579	Sec. 223.055. RESERVE ACCOUNT. (a) The department shall
1580	1580	establish a reserve account through which a juvenile board
1581	1581	receiving a grant under this subchapter may receive additional
1582	1582	state aid if:
1583	1583	(1) the juvenile board encounters unforeseen
1584	1584	circumstances that cause the board to exhaust completely the grant
1585	1585	received under this subchapter; or
1586	1586	(2) other programs operated by the juvenile board are
1587	1587	jeopardized by the juvenile board's lack of funding for the
1588	1588	community corrections pilot program.
1589	1589	(b) The department shall adopt rules governing the use of
1590	1590	the reserve account established under this section.
1591	1591	Sec. 223.056. REPORTS. (a) A juvenile board that receives
1592	1592	a grant under this subchapter shall annually, and at the request of
1593	1593	the executive director, report to the department concerning the
1594	1594	implementation, cost-effectiveness, and success rate of a
1595	1595	community corrections pilot program implemented under this
1596	1596	subchapter.
1597	1597	(b) The department shall, not later than January 1 of each
1598	1598	odd-numbered year, submit a report concerning the implementation,
1599	1599	cost-effectiveness, and success rates of community corrections
1600	1600	pilot programs implemented by juvenile boards under this subchapter
1601	1601	to:
1602	1602	(1) the governor;
1603	1603	(2) the lieutenant governor;
1604	1604	(3) the speaker of the house of representatives; and
1605	1605	(4) the standing committees in the senate and the
1606	1606	house of representatives that have primary jurisdiction over the
1607	1607	department.
1608	1608	(c) The report submitted under Subsection (b) must contain
1609	1609	recommendations as to whether any of the community corrections
1610	1610	pilot programs implemented by juvenile boards under this subchapter
1611	1611	should be implemented on a statewide basis.
1612	1612	Sec. 223.057. TEMPORARY PROVISIONS. (a) Notwithstanding
1613	1613	Section 201.001(a-1), in this subchapter, "department" means the
1614	1614	Texas Juvenile Probation Commission and the Texas Youth Commission.
1615	1615	(b) Not later than September 1, 2010, the Texas Juvenile
1616	1616	Probation Commission and the Texas Youth Commission jointly shall:
1617	1617	(1) establish the guidelines described by Section
1618	1618	223.051;
1619	1619	(2) adopt the rules required under Sections 223.052(b)
1620	1620	and (c); and
1621	1621	(3) establish the funding formula described by Section
1622	1622	223.053.
1623	1623	(c) The Texas Juvenile Justice Department shall begin
1624	1624	awarding grants under this subchapter as soon as practicable on or
1625	1625	after September 1, 2010.
1626	1626	(d) This section expires September 1, 2010.
1627	1627	SECTION 1.005. Title 12, Human Resources Code, as added by
1628	1628	this Act, is amended by adding Subtitle C with a heading to read as
1629	1629	follows:
1630	1630	SUBTITLE C. SECURE FACILITIES
1631	1631	SECTION 1.006. Subchapter G, Chapter 61, Human Resources
1632	1632	Code, is transferred to Subtitle C, Title 12, Human Resources Code,
1633	1633	as added by this Act, redesignated as Chapter 241, and amended to
1634	1634	read as follows:
1635	1635	CHAPTER 241. GENERAL [SUBCHAPTER G. MISCELLANEOUS] PROVISIONS
1636	1636	Sec. 241.001 [61.091]. COOPERATION OF OTHER AGENCIES. To
1637	1637	effectuate the purpose of this subtitle [chapter] and to make
1638	1638	maximum use of existing facilities and personnel, all departments
1639	1639	and agencies of the state and all officers and employees of the
1640	1640	state, when requested by the department [commission], shall
1641	1641	cooperate with the department [it] in all activities consistent
1642	1642	with their proper functions.
1643	1643	[Sec. 61.0911. COORDINATED STRATEGIC PLAN. The Texas
1644	1644	Youth Commission shall biennially develop with the Texas Juvenile
1645	1645	Probation Commission a coordinated strategic plan as required by
1646	1646	Section 141.0471.]
1647	1647	Sec. 241.002 [61.092]. NO FORFEITURE OF CERTAIN CIVIL
1648	1648	RIGHTS. Commitment of a child to the custody of the department
1649	1649	[commission] does not disqualify the child in any future
1650	1650	examination, appointment, or application for public service under
1651	1651	the government of the state or of any political subdivision of the
1652	1652	state.
1653	1653	[Sec. 61.093. ESCAPE AND APPREHENSION. (a) If a child who
1654	1654	has been committed to the commission and placed by it in any
1655	1655	institution or facility has escaped or has been released under
1656	1656	supervision and broken the conditions of release:
1657	1657	[(1) a sheriff, deputy sheriff, constable, or police
1658	1658	officer may, without a warrant, arrest the child; or
1659	1659	[(2) a commission employee designated by the executive
1660	1660	commissioner may, without a warrant or other order, take the child
1661	1661	into the custody of the commission.
1662	1662	[(b) A child who is arrested or taken into custody under
1663	1663	Subsection (a) may be detained in any suitable place, including an
1664	1664	adult jail facility if the person is 17 years of age or older, until
1665	1665	the child is returned to the custody of the commission or
1666	1666	transported to a commission facility.
1667	1667	[(c) Notwithstanding Section 58.005, Family Code, the
1668	1668	commission may disseminate to the public the following information
1669	1669	relating to a child who has escaped from custody:
1670	1670	[(1) the child's name, including other names by which
1671	1671	the child is known;
1672	1672	[(2) the child's physical description, including sex,
1673	1673	weight, height, race, ethnicity, eye color, hair color, scars,
1674	1674	marks, and tattoos;
1675	1675	[(3) a photograph of the child; and
1676	1676	[(4) if necessary to protect the welfare of the
1677	1677	community, any other information that reveals dangerous
1678	1678	propensities of the child or expedites the apprehension of the
1679	1679	child.
1680	1680	[Sec. 61.0931. APPREHENSION SPECIALISTS. (a) The
1681	1681	commission may employ and commission apprehension specialists as
1682	1682	peace officers for the purpose of apprehending a child under
1683	1683	Section 61.093.
1684	1684	[(b) Peace officers employed and commissioned under
1685	1685	Subsection (a) must be certified by the Commission on Law
1686	1686	Enforcement Officer Standards and Education under Chapter 415,
1687	1687	Government Code.]
1688	1688	Sec. 241.003 [61.094]. YOUTH DEVELOPMENT COUNCIL FUND. The
1689	1689	youth development council fund exists in the treasury as a special
1690	1690	fund for the purposes provided by law.
1691	1691	Sec. 241.004 [61.095]. REQUEST FOR CERTAIN RECORDS. For
1692	1692	the purpose of offering a record as evidence in the punishment phase
1693	1693	of a criminal proceeding, a prosecuting attorney may obtain the
1694	1694	record of a defendant's adjudication that is admissible under
1695	1695	Section 3(a), Article 37.07, Code of Criminal Procedure, by
1696	1696	submitting a request for the record to the department [commission].
1697	1697	If the department [commission] has a record to which the
1698	1698	prosecuting attorney is entitled under this section, the department
1699	1699	[commission] shall furnish a copy of the record to the prosecuting
1700	1700	attorney. Otherwise, the department [commission] shall notify the
1701	1701	prosecuting attorney that the department [commission] does not have
1702	1702	a record to which the attorney is entitled under this section.
1703	1703	Sec. 241.005 [61.096]. LIABILITY OF VOLUNTEERS. (a) Except
1704	1704	as provided by Subsection (b), a volunteer is not liable for damages
1705	1705	arising from an act or omission that results in personal injury,
1706	1706	death, or property damage if the act or omission is:
1707	1707	(1) in the course and scope of the volunteer's duties
1708	1708	as a volunteer; and
1709	1709	(2) not intentional or grossly negligent.
1710	1710	(b) A volunteer is liable for personal injury, death, or
1711	1711	property damage proximately caused by an act or omission related to
1712	1712	the operation or use of any motor-driven equipment to the extent of
1713	1713	the greater of:
1714	1714	(1) the amount of financial responsibility required
1715	1715	for the motor-driven equipment, if any, under Chapter 601,
1716	1716	Transportation Code; or
1717	1717	(2) the amount of any liability insurance coverage
1718	1718	that applies to the act or omission.
1719	1719	(c) In this section, "volunteer" means an individual
1720	1720	rendering services for or on behalf of the department [commission]
1721	1721	who does not receive compensation in excess of reimbursement for
1722	1722	expenses incurred.
1723	1723	Sec. 241.006 [61.097]. APPLICATION OF LAW RELATING TO FREE
1724	1724	EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice
1725	1725	and Remedies Code, an ordinance, rule, order, decision, or practice
1726	1726	that applies to a person in the custody of a juvenile detention
1727	1727	facility or other correctional facility operated by or under a
1728	1728	contract with the department [commission], a county, or a juvenile
1729	1729	probation department is presumed to be in furtherance of a
1730	1730	compelling governmental interest and the least restrictive means of
1731	1731	furthering that interest. The presumption may be rebutted.
1732	1732	Sec. 241.007 [61.098]. CERTAIN CRIMES CONCERNING THE
1733	1733	DEPARTMENT [COMMISSION]. (a) In this section, "special prosecution
1734	1734	unit" means the special prosecution unit established under
1735	1735	Subchapter E, Chapter 41, Government Code.
1736	1736	(b) As appropriate, the district attorney, criminal
1737	1737	district attorney, or county attorney representing the state in
1738	1738	criminal matters before the district or inferior courts of the
1739	1739	county who would otherwise represent the state in the prosecution
1740	1740	of an offense or delinquent conduct concerning the department
1741	1741	[commission] and described by Article 104.003(a), Code of Criminal
1742	1742	Procedure, may request that the special prosecution unit prosecute
1743	1743	the offense or delinquent conduct.
1744	1744	(c) The office of inspector general operated under
1745	1745	Subchapter C, Chapter 242, shall on a quarterly basis prepare and
1746	1746	deliver to the board of directors of the special prosecution unit a
1747	1747	report concerning:
1748	1748	(1) any alleged criminal offense or delinquent conduct
1749	1749	concerning the department [commission] and described by Article
1750	1750	104.003(a), Code of Criminal Procedure, that occurred during the
1751	1751	preceding calendar quarter; and
1752	1752	(2) the disposition of any case involving a criminal
1753	1753	offense or delinquent conduct concerning the department
1754	1754	[commission] and described by Article 104.003(a), Code of Criminal
1755	1755	Procedure, that occurred during the preceding calendar quarter.
1756	1756	(d) Notwithstanding Subsection (c), the office of inspector
1757	1757	general shall immediately provide the special prosecution unit with
1758	1758	a report concerning an alleged criminal offense or delinquent
1759	1759	conduct concerning the department [commission] and described by
1760	1760	Article 104.003(a), Code of Criminal Procedure, if the chief
1761	1761	inspector general reasonably believes the offense or conduct is
1762	1762	particularly serious and egregious.
1763	1763	(e) The chief inspector general of the office of inspector
1764	1764	general, at the direction of the board of directors of the special
1765	1765	prosecution unit, shall notify the foreman of the appropriate grand
1766	1766	jury, in the manner provided by Article 20.09, Code of Criminal
1767	1767	Procedure, if:
1768	1768	(1) the chief inspector general receives credible
1769	1769	evidence of illegal or improper conduct by department [commission]
1770	1770	officers, employees, or contractors that the inspector general
1771	1771	reasonably believes jeopardizes the health, safety, and welfare of
1772	1772	children in the custody of the department [commission];
1773	1773	(2) the chief inspector general reasonably believes
1774	1774	the conduct:
1775	1775	(A) could constitute an offense under Article
1776	1776	104.003(a), Code of Criminal Procedure; and
1777	1777	(B) involves the alleged physical or sexual abuse
1778	1778	of a child in the custody of a department [commission] facility or
1779	1779	an investigation related to the alleged abuse; and
1780	1780	(3) the chief inspector general has reason to believe
1781	1781	that information concerning the conduct has not previously been
1782	1782	presented to the appropriate grand jury.
1783	1783	Sec. 241.008 [61.099]. DUTY TO FILE COMPLAINT WITH LAW
1784	1784	ENFORCEMENT AGENCY. If the executive director [commissioner] has
1785	1785	reasonable cause to believe that a child in the custody of the
1786	1786	department [commission] is the victim of a crime committed at a
1787	1787	department [commission] facility operated under this subtitle, the
1788	1788	executive director [commissioner] shall immediately file a
1789	1789	complaint with the appropriate law enforcement agency.
1790	1790	SECTION 1.007. Subchapters C, D, E, and F, Chapter 61, Human
1791	1791	Resources Code, are transferred to Subtitle C, Title 12, Human
1792	1792	Resources Code, as added by this Act, redesignated as Chapters 242,
1793	1793	243, 244, and 245, respectively, and amended to read as follows:
1794	1794	CHAPTER 242. OPERATION OF SECURE FACILITIES
1795	1795	SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS [SUBCHAPTER C.
1796	1796	POWERS AND DUTIES]
1797	1797	Sec. 242.001. ACCREDITATION BY AMERICAN CORRECTIONAL
1798	1798	ASSOCIATION. The department shall adopt and implement a plan for
1799	1799	each correctional facility operated by or under contract with the
1800	1800	department under this subtitle to be accredited by the American
1801	1801	Correctional Association.
1802	1802	Sec. 242.002. STUDY OF TREATMENT METHODS; STATISTICAL
1803	1803	RECORDS. (a) The department shall conduct continuing inquiry
1804	1804	into the effectiveness of the treatment methods the department
1805	1805	employs in the reformation of children. To this end, the department
1806	1806	shall maintain a record of arrests and commitments of its wards
1807	1807	subsequent to their discharge from the jurisdiction of the
1808	1808	department and shall tabulate, analyze, and publish biennially the
1809	1809	data for use in evaluating the relative merits of treatment
1810	1810	methods.
1811	1811	(b) The department shall cooperate with courts and private
1812	1812	and public agencies in the collection of statistics and information
1813	1813	regarding juvenile delinquency, arrests made, complaints,
1814	1814	informations, and petitions filed, and the dispositions made of
1815	1815	them, and other information useful in determining the amount and
1816	1816	causes of juvenile delinquency in this state.
1817	1817	[Sec. 61.031. CONTINUING STUDY. The commission shall carry
1818	1818	on a continuing study of the problem of juvenile delinquency in this
1819	1819	state and shall seek to focus public attention on special solutions
1820	1820	to this problem.]
1821	1821	Sec. 242.003 [61.0315]. EVALUATION OF TREATMENT PROGRAMS;
1822	1822	AVAILABILITY. (a) The department [commission] shall annually
1823	1823	review the effectiveness of the department's [commission's]
1824	1824	programs for the rehabilitation and reestablishment in society of
1825	1825	children committed to the department [commission], including
1826	1826	programs for sex offenders, capital offenders, children who are
1827	1827	chemically dependent, emotionally disturbed children, and females.
1828	1828	(b) On or before December 31 of each year, the department
1829	1829	[commission] shall make a report on the effectiveness of the
1830	1830	programs to the Legislative Budget Board.
1831	1831	(c) The department [commission] shall offer or make
1832	1832	available programs described by Subsection (a) in an adequate
1833	1833	manner so that a child in the custody of the department [commission]
1834	1834	receives appropriate rehabilitation services recommended for the
1835	1835	child by the court committing the child to the department
1836	1836	[commission].
1837	1837	(d) If the department [commission] is unable to offer or
1838	1838	make available programs described by Subsection (a) in the manner
1839	1839	provided by Subsection (c), the department [commission] shall, not
1840	1840	later than January 10 of each odd-numbered year, provide the
1841	1841	standing committees of the senate and house of representatives with
1842	1842	primary jurisdiction over matters concerning correctional
1843	1843	facilities with a report explaining:
1844	1844	(1) which programs are not offered or are unavailable;
1845	1845	and
1846	1846	(2) the reason the programs are not offered or are
1847	1847	unavailable.
1848	1848	(e) The department [commission] shall periodically review,
1849	1849	document, and compare the accessibility and funding of treatment
1850	1850	programs provided to female children committed to the department
1851	1851	[commission] to the accessibility and funding of treatment provided
1852	1852	to male children committed to the department [commission].
1853	1853	[Sec. 61.032. ADMINISTRATION OF INSTITUTIONS. The
1854	1854	commission shall administer the training, diagnostic treatment,
1855	1855	and supervisory facilities and services of the state for children
1856	1856	committed to the commission and shall manage and direct all
1857	1857	institutions and training school facilities under the authority of
1858	1858	the commission.]
1859	1859	Sec. 242.004 [61.033]. ANNUAL FINANCIAL REPORT. The
1860	1860	department [commission] shall prepare annually a complete and
1861	1861	detailed written report accounting for all funds received and
1862	1862	disbursed by the department under this subtitle [commission] during
1863	1863	the preceding fiscal year. The annual report must meet the
1864	1864	reporting requirements applicable to financial reporting provided
1865	1865	in the General Appropriations Act.
1866	1866	Sec. 242.005 [61.0331]. INTERNAL AUDIT; REPORT. (a) The
1867	1867	department [commission] shall regularly conduct internal audits of
1868	1868	the department [commission], including audits of:
1869	1869	(1) correctional facilities operated by and under
1870	1870	contract with the department under this subtitle [commission]; and
1871	1871	(2) medical services provided to children in the
1872	1872	custody of the department [commission].
1873	1873	(b) The department [commission] shall on a quarterly basis
1874	1874	report the results of the audits to:
1875	1875	(1) the committees of the senate and house of
1876	1876	representatives with primary jurisdiction over matters concerning
1877	1877	correctional facilities; and
1878	1878	(2) the state auditor.
1879	1879	Sec. 242.006 [61.034]. POLICIES AND RULES. (a) The
1880	1880	executive director [commissioner] is responsible for the adoption
1881	1881	of all policies and shall make rules appropriate to the proper
1882	1882	accomplishment of the department's [commission's] functions.
1883	1883	(b) The executive director [commissioner] shall adopt rules
1884	1884	for the government of the schools, facilities, and programs under
1885	1885	the department's [commission's] authority under this subtitle and
1886	1886	shall see that the schools, facilities, and programs are conducted
1887	1887	according to law and to the executive director's [commissioner's]
1888	1888	rules.
1889	1889	(c) The purpose of the rules and of all education, work,
1890	1890	training, discipline, and recreation adopted under this section[,]
1891	1891	and of all other activities in the schools, facilities, and
1892	1892	programs is to restore and increase the self-respect and
1893	1893	self-reliance of the children [youth] under the authority of the
1894	1894	department [commission] and to qualify those children [them] for
1895	1895	good citizenship and honorable employment.
1896	1896	Sec. 242.007 [61.0345. MISSION STATEMENT. The commission
1897	1897	shall develop and adopt a statement regarding the role and mission
1898	1898	of the commission.
1899	1899	[Sec. 61.035]. EMPLOYEES. (a) Within the limits specified
1900	1900	by legislative appropriation, the department [commission] may
1901	1901	employ and compensate personnel necessary to carry out the
1902	1902	department's [its] duties.
1903	1903	(b) Except as otherwise provided by this subchapter
1904	1904	[chapter], an employee of the department [commission] is employed
1905	1905	on an at-will basis.
1906	1906	(c) The department [commission] shall establish procedures
1907	1907	and practices governing:
1908	1908	(1) employment-related grievances submitted by
1909	1909	department [commission] employees; and
1910	1910	(2) disciplinary actions within the department
1911	1911	[commission], including a procedure allowing a department
1912	1912	[commission] employee to elect to participate in an independent
1913	1913	dismissal mediation if the employee is recommended for dismissal.
1914	1914	Sec. 242.008 [61.0351]. PROFESSIONAL INFORMATION FOR
1915	1915	ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive director
1916	1916	[commissioner] shall provide to members of any applicable [the]
1917	1917	advisory board and to department [commission] employees, as often
1918	1918	as is necessary, information regarding qualifications [their
1919	1919	qualification] for office or employment under this chapter and
1920	1920	[their] responsibilities under applicable laws relating to
1921	1921	standards of conduct for state officers or employees.
1922	1922	[Sec. 61.0352. DIVISION OF RESPONSIBILITY. The executive
1923	1923	commissioner shall develop and implement policies that clearly
1924	1924	separate the policymaking responsibilities of the executive
1925	1925	commissioner and the management responsibilities of the staff of
1926	1926	the commission.]
1927	1927	Sec. 242.009 [61.0353]. INTRA-AGENCY CAREER LADDER
1928	1928	PROGRAM. The program shall require intra-agency posting of all
1929	1929	positions concurrently with any public postings.
1930	1930	Sec. 242.010 [61.0354]. JOB PERFORMANCE EVALUATIONS. The
1931	1931	executive director [commissioner] shall develop a system of annual
1932	1932	performance evaluations that are based on documented employee
1933	1933	performance. All merit pay for department [commission] employees
1934	1934	must be based on the system established under this section.
1935	1935	Sec. 242.011 [61.0355]. EQUAL EMPLOYMENT OPPORTUNITY
1936	1936	POLICY STATEMENT. (a) The executive director [commissioner] shall
1937	1937	prepare and maintain a written policy statement to assure
1938	1938	implementation of a program of equal employment opportunity under
1939	1939	which all personnel transactions are made without regard to race,
1940	1940	color, disability, sex, religion, age, or national origin. The
1941	1941	policy statement shall include:
1942	1942	(1) personnel policies, including policies relating
1943	1943	to recruitment, evaluation, selection, appointment, training, and
1944	1944	promotion of personnel that are in compliance with requirements of
1945	1945	Chapter 21, Labor Code;
1946	1946	(2) a comprehensive analysis of the department's
1947	1947	[commission's] work force that meets federal or state laws, rules,
1948	1948	and regulations and instructions promulgated directly from those
1949	1949	laws, rules, and regulations;
1950	1950	(3) procedures by which a determination can be made
1951	1951	about the extent of underuse in the department's [commission's]
1952	1952	work force of all persons of whom federal or state laws, rules, and
1953	1953	regulations and instructions promulgated directly from those laws,
1954	1954	rules, and regulations encourage a more equitable balance; and
1955	1955	(4) reasonable methods to appropriately address those
1956	1956	areas of underuse.
1957	1957	(b) A policy statement prepared under Subsection (a) must
1958	1958	cover an annual period, be updated annually, be reviewed by the
1959	1959	Texas Workforce Commission [on Human Rights] for compliance with
1960	1960	Subsection (a)(1), and be filed with the governor's office.
1961	1961	(c) The governor's office shall deliver a biennial report to
1962	1962	the legislature based on the information received under Subsection
1963	1963	(b). The report may be made separately or as a part of other
1964	1964	biennial reports made to the legislature.
1965	1965	Sec. 242.012 [61.0356]. JUVENILE CORRECTIONAL OFFICERS;
1966	1966	STAFFING. (a) In this section, "juvenile correctional officer"
1967	1967	means a department [an] employee whose primary duties include [duty
1968	1968	includes] the custodial supervision of children in the custody of
1969	1969	the department [commission].
1970	1970	(b) The department [commission] shall provide each juvenile
1971	1971	correctional officer employed by the department [commission] with
1972	1972	at least 300 hours of training, which must include on-the-job
1973	1973	training, before the officer independently commences the officer's
1974	1974	duties at the facility. The training must provide the officer with
1975	1975	information and instruction related to the officer's duties,
1976	1976	including information and instruction concerning:
1977	1977	(1) the juvenile justice system of this state,
1978	1978	including the juvenile correctional facility system;
1979	1979	(2) security procedures;
1980	1980	(3) the supervision of children committed to the
1981	1981	department [commission];
1982	1982	(4) signs of suicide risks and suicide precautions;
1983	1983	(5) signs and symptoms of the abuse, assault, neglect,
1984	1984	and exploitation of a child, including sexual abuse and sexual
1985	1985	assault, and the manner in which to report the abuse, assault,
1986	1986	neglect, or exploitation of a child;
1987	1987	(6) the neurological, physical, and psychological
1988	1988	development of adolescents;
1989	1989	(7) department [commission] rules and regulations,
1990	1990	including rules, regulations, and tactics concerning the use of
1991	1991	force;
1992	1992	(8) appropriate restraint techniques;
1993	1993	(9) the Prison Rape Elimination Act of 2003 (42 U.S.C.
1994	1994	Section 15601, et seq.);
1995	1995	(10) the rights and responsibilities of children in
1996	1996	the custody of the department [commission];
1997	1997	(11) interpersonal relationship skills;
1998	1998	(12) the social and cultural lifestyles of children in
1999	1999	the custody of the department [commission];
2000	2000	(13) first aid and cardiopulmonary resuscitation;
2001	2001	(14) counseling techniques;
2002	2002	(15) conflict resolution and dispute mediation,
2003	2003	including de-escalation techniques;
2004	2004	(16) behavior management;
2005	2005	(17) mental health issues; and
2006	2006	(18) employee rights, employment discrimination, and
2007	2007	sexual harassment.
2008	2008	(c) The department [commission] may employ part-time
2009	2009	juvenile correctional officers. A part-time juvenile correctional
2010	2010	officer is subject to the training requirements of this section.
2011	2011	(d) In each correctional facility operated by the
2012	2012	department [commission] that has a dormitory, including an open-bay
2013	2013	dormitory, the department [commission] must maintain a ratio of not
2014	2014	less than one juvenile correctional officer performing direct
2015	2015	supervisory duties for every 12 persons committed to the facility.
2016	2016	(e) The department [commission] shall consider the age of a
2017	2017	juvenile correctional officer or other department [commission]
2018	2018	employee who performs direct supervisory duties when determining
2019	2019	the placement of the officer or employee in a department
2020	2020	[commission] facility so that, to the extent practicable, an
2021	2021	officer or employee is not supervising a child who is not more than
2022	2022	three years younger than the officer or employee or is otherwise a
2023	2023	similar age to the officer or employee.
2024	2024	(f) The department [commission] shall rotate the assignment
2025	2025	of each juvenile correctional officer at an interval determined by
2026	2026	the department [commission] so that a juvenile correctional officer
2027	2027	is not assigned to the same station for an extended period of time.
2028	2028	(g) The department [commission] shall ensure that at least
2029	2029	one juvenile correctional officer is assigned to supervise in or
2030	2030	near a classroom or other location in which children receive
2031	2031	education services or training at the time the children are
2032	2032	receiving the education services or training.
2033	2033	(h) The department [commission] shall adopt rules necessary
2034	2034	to administer this section.
2035	2035	Sec. 242.013 [61.0357]. REQUIRED BACKGROUND AND CRIMINAL
2036	2036	HISTORY CHECKS. (a) In this section, "national[:
2037	2037	[(1) "Department" means the Department of Public
2038	2038	Safety.
2039	2039	[(2) "National] criminal history record information"
2040	2040	means criminal history record information obtained from the
2041	2041	Department of Public Safety [department] under Subchapter F,
2042	2042	Chapter 411, Government Code, and from the Federal Bureau of
2043	2043	Investigation under Section 411.087, Government Code.
2044	2044	(b) The executive director [commissioner] shall review the
2045	2045	national criminal history record information, state criminal
2046	2046	history record information maintained by the Department of Public
2047	2047	Safety [department], and previous and current employment
2048	2048	references of each person who:
2049	2049	(1) is an employee, contractor, volunteer, ombudsman,
2050	2050	or advocate working for the department [commission] or working in a
2051	2051	department [commission] facility or a facility under contract with
2052	2052	the department [commission];
2053	2053	(2) provides direct delivery of services to children
2054	2054	in the custody of the department [commission]; or
2055	2055	(3) has access to records in department [commission]
2056	2056	facilities or offices.
2057	2057	(c) To enable the executive director [commissioner] to
2058	2058	conduct the review, the department [commission] shall adopt rules
2059	2059	requiring a person described by Subsection (b) to electronically
2060	2060	provide the Department of Public Safety [department] with a
2061	2061	complete set of the person's fingerprints in a form and of a quality
2062	2062	acceptable to the Department of Public Safety [department] and the
2063	2063	Federal Bureau of Investigation.
2064	2064	(d) For each person described by Subsection (b), the
2065	2065	executive director [commissioner] shall review on an annual basis
2066	2066	the person's national criminal history record information.
2067	2067	(e) The department [commission] shall ensure that the
2068	2068	system used to check state criminal history record information
2069	2069	maintained by the Department of Public Safety [department] is
2070	2070	capable of providing real time arrest information.
2071	2071	(f) The department [commission] by rule may require a person
2072	2072	described by Subsection (b) to pay a fee related to the first
2073	2073	national criminal history record information review conducted
2074	2074	under this section. The amount of the fee may not exceed the
2075	2075	administrative costs incurred by the department [commission] in
2076	2076	conducting the initial review, including the costs of obtaining the
2077	2077	person's fingerprints.
2078	2078	(g) The department [commission] shall adopt rules necessary
2079	2079	to administer this section.
2080	2080	Sec. 242.014 [61.036]. COOPERATION WITH OTHER AGENCIES.
2081	2081	(a) The department [commission] shall cooperate with all existing
2082	2082	agencies and encourage the establishment of new programs, both
2083	2083	local and statewide, the object of which is services to delinquent
2084	2084	and predelinquent youth of this state.
2085	2085	(b) The department [commission] may assist in developing,
2086	2086	strengthening, and coordinating educational, welfare, health,
2087	2087	recreational, and law-enforcement programs which have as their
2088	2088	object the prevention of juvenile delinquency and crime.
2089	2089	Sec. 242.015. COMPLAINTS REGARDING FACILITIES OR SERVICES.
2090	2090	(a) The department shall keep a file about each written complaint
2091	2091	that is filed with the department that relates to a facility
2092	2092	operated or a service provided under this subtitle.
2093	2093	(b) The department shall keep a file about a complaint under
2094	2094	Subsection (a), regardless of whether the person filing the
2095	2095	complaint is:
2096	2096	(1) a child committed to or receiving services from
2097	2097	the department;
2098	2098	(2) the parent or guardian of a child described by
2099	2099	Subdivision (1); or
2100	2100	(3) a person other than a child described by
2101	2101	Subdivision (1) or a parent or guardian described by Subdivision
2102	2102	(2).
2103	2103	(c) The department shall handle and dispose of complaints
2104	2104	received under Subsection (a) in the manner described by Section
2105	2105	203.011.
2106	2106	Sec. 242.016. BIENNIAL BUDGET. The executive director
2107	2107	shall prepare a biennial budget of all funds necessary to be
2108	2108	appropriated by the legislature to the department to carry out the
2109	2109	purposes of this subtitle. The budget shall be submitted and filed
2110	2110	by the executive director in the form and manner and within the time
2111	2111	prescribed by law.
2112	2112	[Sections 242.017-242.050 reserved for expansion]
2113	2113	SUBCHAPTER B. SECURE FACILITIES; SERVICES
2114	2114	Sec. 242.051. ADMINISTRATION OF INSTITUTIONS; CHARGE OF
2115	2115	CHILDREN. (a) The department shall:
2116	2116	(1) administer the training, diagnostic treatment,
2117	2117	and supervisory facilities and services of the state for children
2118	2118	committed to the department; and
2119	2119	(2) manage and direct all institutions and training
2120	2120	school facilities under the authority of the department.
2121	2121	(b) The department shall have general charge of and be
2122	2122	responsible for the welfare, custody, and rehabilitation of the
2123	2123	children in a school, facility, or program operated or funded by the
2124	2124	department. The department shall seek to establish relationships
2125	2125	and to organize a way of life that will meet the spiritual, moral,
2126	2126	physical, emotional, intellectual, and social needs of the children
2127	2127	under the department's care as those needs would be met in an
2128	2128	adequate home.
2129	2129	(c) The department shall see that the buildings and premises
2130	2130	are kept in good sanitary condition.
2131	2131	Sec. 242.052. BUILDINGS AND IMPROVEMENTS. (a) The
2132	2132	department may design, construct, equip, furnish, and maintain
2133	2133	buildings and improvements at facilities under the department's
2134	2134	jurisdiction.
2135	2135	(b) The department may employ architects or engineers, or
2136	2136	both, to prepare plans and specifications and to supervise the
2137	2137	construction and improvements described by Subsection (a).
2138	2138	(c) The department shall promulgate rules relating to the
2139	2139	award of contracts for the construction of buildings and
2140	2140	improvements. The rules shall provide for the award of contracts
2141	2141	for the construction of buildings and improvements to the qualified
2142	2142	bidder making the lowest and best bid. A construction contract may
2143	2143	not be awarded for a sum in excess of the amount of funds available
2144	2144	for the project. The department may reject any and all bids
2145	2145	submitted.
2146	2146	(d) If a project is financed wholly or partly by federal
2147	2147	funds, any standards required by the enabling federal statute or
2148	2148	required by the rules of the administering federal agency control
2149	2149	over this section.
2150	2150	(e) The department may employ professional, technical, and
2151	2151	clerical personnel to carry out the design and construction
2152	2152	functions required by this section.
2153	2153	Sec. 242.053 [61.037]. USE OF EXISTING INSTITUTIONS AND
2154	2154	AGENCIES. (a) In carrying out the department's [its] duties, the
2155	2155	department [commission] may make use of law-enforcement,
2156	2156	detention, supervisory, medical, educational, correctional, and
2157	2157	other facilities, institutions, and agencies in the state. This
2158	2158	section does not authorize the department [commission] to assume
2159	2159	control of any other agency, institution, or facility in the state,
2160	2160	or to require any agency, institution, or facility to serve the
2161	2161	department [commission] in a manner inconsistent with the [its]
2162	2162	authority or function of the agency, institution, or facility or
2163	2163	with any law or regulation governing the [its] activity of the
2164	2164	agency, institution, or facility.
2165	2165	(b) When funds are available for the purpose, the department
2166	2166	[commission] may enter into agreements with appropriate public or
2167	2167	private agencies for the separate care and treatment of persons
2168	2168	subject to the control of the department [commission]. The
2169	2169	department [commission] may not make use of any private institution
2170	2170	or agency without its consent. The department [commission] shall
2171	2171	make reasonable efforts to ensure that the expenditure of
2172	2172	appropriations for the purchase of contract residential care for
2173	2173	children, not including the purchase of care in foster family
2174	2174	homes, be allocated to providers on a fixed monthly basis if that
2175	2175	allocation [it] is cost-effective and the number, type, needs, and
2176	2176	conditions of the children to be served is reasonably constant.
2177	2177	(c) The department [commission] shall periodically inspect
2178	2178	all public and private institutions and agencies whose facilities
2179	2179	the department [it] is using. Every public and private institution
2180	2180	and agency shall allow [afford to] the department [commission]
2181	2181	reasonable opportunity to examine and consult with children who
2182	2182	have been committed to the department [commission] and who are in
2183	2183	the custody of the institution or agency.
2184	2184	(d) Placement of a child in, or the release of a child by,
2185	2185	any institution not operated by the department [commission] does
2186	2186	not terminate the authority of the department [commission] over the
2187	2187	child. No child placed in an institution or under an agency by the
2188	2188	department [commission] may be released by the institution or
2189	2189	agency without the approval of the department [commission].
2190	2190	Sec. 242.054 [61.038]. HALFWAY HOUSE PROGRAM. (a) The
2191	2191	department [commission] may not develop a halfway house to be
2192	2192	operated by the department [commission] if an appropriate private
2193	2193	halfway house program is contractually available and the costs
2194	2194	under the contract are less than the costs would be if the
2195	2195	department [commission] provided the services.
2196	2196	(b) Before the department [commission] contracts for the
2197	2197	development of a halfway house program, the department [commission]
2198	2198	shall send prospective service providers a request for a proposal
2199	2199	that identifies the program services desired, the population to be
2200	2200	served, and potential locations for the program. The department
2201	2201	[commission] shall select the service provider that submits the
2202	2202	proposal that best meets the department's [commission's] needs
2203	2203	according to standards established by the department [commission].
2204	2204	If the department [commission] does not receive a proposal that
2205	2205	meets its needs, the department [commission] may request funds from
2206	2206	the legislature for the development of a halfway house to be
2207	2207	operated by the department [commission].
2208	2208	(c) This section does not apply to halfway houses operated
2209	2209	by the department [commission] on September 1, 1987.
2210	2210	Sec. 242.055 [61.0385]. CRISIS INTERVENTION AND
2211	2211	ASSESSMENT CENTERS. The department [commission] may establish a
2212	2212	children's crisis intervention and assessment center at a facility
2213	2213	owned or operated by the department [commission]. The department
2214	2214	[commission] may contract with another entity for the provision or
2215	2215	use of services at the center.
2216	2216	Sec. 242.056 [61.0386]. ADVOCACY AND SUPPORT GROUPS. (a)
2217	2217	The department [commission] shall allow advocacy and support groups
2218	2218	whose primary functions are to benefit children, inmates, girls and
2219	2219	women, the mentally ill, or [and] victims of sexual assault to
2220	2220	provide on-site information, support, and other services for
2221	2221	children confined in department [commission] facilities.
2222	2222	(b) The department [commission] shall adopt security and
2223	2223	privacy procedures for advocacy and support groups that provide
2224	2224	on-site information, support, and other services under this
2225	2225	section. The security and privacy procedures may not be designed
2226	2226	to deny an advocacy or support group access to children confined in
2227	2227	department [commission] facilities.
2228	2228	(c) The department [commission] shall adopt standards
2229	2229	consistent with standards adopted by the Texas Department of
2230	2230	Criminal Justice regarding the confidential correspondence of
2231	2231	children confined in department [commission] facilities with
2232	2232	external entities, including advocacy and support groups.
2233	2233	Sec. 242.057 [61.039]. DEPARTMENT [COMMISSION] PROGRAMS.
2234	2234	(a) The department [commission] shall develop and use standards
2235	2235	based on performance to evaluate and compare programs operated by
2236	2236	the department [commission].
2237	2237	(b) When practicable and feasible, the department
2238	2238	[commission] shall provide specific performance standards for a
2239	2239	program serving 10 or more children through an agreement entered
2240	2240	into under Section 242.053 [61.037 of this chapter]. In the
2241	2241	performance standards, the department [commission] shall include
2242	2242	outcome measures for evaluating the quality of services provided
2243	2243	under the agreement.
2244	2244	(c) For the purposes of comparison, the department
2245	2245	[commission] shall use performance standards that are as consistent
2246	2246	as practicable with those used to evaluate and compare programs
2247	2247	operated by the department [commission], that measure the benefits
2248	2248	and cost-effectiveness of the respective programs, and that measure
2249	2249	the average length of stay and rate of recidivism of the children in
2250	2250	the program.
2251	2251	Sec. 242.058 [61.0395]. SERVICES FOR CHILDREN NOT
2252	2252	COMMITTED TO THE DEPARTMENT [COMMISSION]. The department
2253	2253	[commission] may provide services to a child not committed to the
2254	2254	department [commission] if the department [commission] contracts
2255	2255	with a local juvenile probation department, the Health and [Texas
2256	2256	Department of] Human Services Commission, or the Department of
2257	2257	Family and Protective [and Regulatory] Services to provide services
2258	2258	to the child.
2259	2259	Sec. 242.059 [61.040]. ADDITIONAL FACILITIES; PAROLE
2260	2260	SUPERVISION. When funds are available, the department
2261	2261	[commission] may:
2262	2262	(1) establish and operate places for detention and
2263	2263	diagnosis of children committed to it;
2264	2264	(2) establish and operate additional treatment and
2265	2265	training facilities, including forestry or parks-maintenance camps
2266	2266	and ranches, necessary to classify and treat children committed to
2267	2267	the department [commission] according to their needs;
2268	2268	(3) establish active parole supervision to aid
2269	2269	children given conditional release to find homes and employment and
2270	2270	to become reestablished in the community; and
2271	2271	(4) assist in establishing training facilities and
2272	2272	programs owned and operated by private individuals or organizations
2273	2273	which agree to provide services to children committed to the
2274	2274	department [commission], including programs for children needing
2275	2275	long-term residential care.
2276	2276	Sec. 242.060 [61.0401]. COMPUTATION OF DAILY COSTS OF
2277	2277	FACILITY. In computing the daily costs of a residential facility
2278	2278	operated by the department [commission], the department
2279	2279	[commission] shall use a standard method that is:
2280	2280	(1) consistent with methods used by other state
2281	2281	agencies; and
2282	2282	(2) [that is] designed to reflect the actual cost to
2283	2283	the state of operating the facility.
2284	2284	Sec. 242.061 [61.041. STUDY OF TREATMENT METHODS;
2285	2285	STATISTICAL RECORDS. (a) The commission shall conduct continuing
2286	2286	inquiry into the effectiveness of the treatment methods it employs
2287	2287	in the reformation of children. To this end, the commission shall
2288	2288	maintain a record of arrests and commitments of its wards
2289	2289	subsequent to their discharge from the jurisdiction of the
2290	2290	commission and shall tabulate, analyze, and publish biennially
2291	2291	these data for use in evaluating the relative merits of treatment
2292	2292	methods.
2293	2293	[(b) The commission shall cooperate with courts and private
2294	2294	and public agencies in the collection of statistics and information
2295	2295	regarding juvenile delinquency, arrests made, complaints,
2296	2296	informations, and petitions filed, and the dispositions made of
2297	2297	them, and other information useful in determining the amount and
2298	2298	causes of juvenile delinquency in this state.
2299	2299	[Sec. 61.042]. REFERRALS FROM FEDERAL COURT. The
2300	2300	department [commission] may enter into agreements with the federal
2301	2301	government to accept children from the federal court for an agreed
2302	2302	compensation.
2303	2303	Sec. 242.062 [61.0421. PUBLIC INTEREST INFORMATION. The
2304	2304	commission shall prepare information of public interest describing
2305	2305	the functions of the commission and describing the procedures by
2306	2306	which complaints are filed with and resolved by the commission. The
2307	2307	commission shall make the information available to the general
2308	2308	public and appropriate state agencies.
2309	2309	[Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
2310	2310	commission shall keep a file about each written complaint filed
2311	2311	with the commission by a person, other than a child receiving
2312	2312	services from the commission or the child's parent or guardian,
2313	2313	that the commission has authority to resolve. The commission shall
2314	2314	provide to the person filing the complaint and the persons or
2315	2315	entities complained about the commission's policies and procedures
2316	2316	pertaining to complaint investigation and resolution. The
2317	2317	commission, at least quarterly and until final disposition of the
2318	2318	complaint, shall notify the person filing the complaint and the
2319	2319	persons or entities complained about of the status of the complaint
2320	2320	unless the notice would jeopardize an undercover investigation.
2321	2321	[(b) The commission shall keep information about each file
2322	2322	required by Subsection (a). The information must include:
2323	2323	[(1) the date the complaint is received;
2324	2324	[(2) the name of the complainant;
2325	2325	[(3) the subject matter of the complaint;
2326	2326	[(4) a record of all persons contacted in relation to
2327	2327	the complaint;
2328	2328	[(5) a summary of the results of the review or
2329	2329	investigation of the complaint; and
2330	2330	[(6) for complaints for which the commission took no
2331	2331	action, an explanation of the reason the complaint was closed
2332	2332	without action.
2333	2333	[(c) The commission shall keep information about each
2334	2334	written complaint filed with the commission by a child receiving
2335	2335	services from the commission or the child's parent or guardian. The
2336	2336	information must include:
2337	2337	[(1) the subject matter of the complaint;
2338	2338	[(2) a summary of the results of the review or
2339	2339	investigation of the complaint; and
2340	2340	[(3) the period of time between the date the complaint
2341	2341	is received and the date the complaint is closed.
2342	2342	[Sec. 61.0423. PUBLIC HEARINGS. (a) The executive
2343	2343	commissioner shall develop and implement policies that provide the
2344	2344	public with a reasonable opportunity to appear before the executive
2345	2345	commissioner or the executive commissioner's designee and to speak
2346	2346	on any issue under the jurisdiction of the commission.
2347	2347	[(b) The executive commissioner shall ensure that the
2348	2348	location of public hearings held in accordance with this section is
2349	2349	rotated between municipalities in which a commission facility is
2350	2350	located or that are in proximity to a commission facility.
2351	2351	[Sec. 61.043. GIFTS; GRANTS. The commission may accept
2352	2352	gifts, grants, or donations of money or property from private
2353	2353	sources to effectuate the purpose of this chapter. Donated funds
2354	2354	shall be placed in the state treasury in a special fund called the
2355	2355	Texas Youth Commission Fund and expended as other state money is
2356	2356	expended, on warrants drawn by the comptroller on the order of the
2357	2357	commission. At the end of each state fiscal year, any unexpended
2358	2358	balance in the fund shall be carried over in the same fund.
2359	2359	[Sec. 61.0431]. SPECIAL ACCOUNTS. (a) Proceeds from the
2360	2360	operation of canteens and vending machines at facilities under the
2361	2361	jurisdiction of the department [commission] shall be deposited to
2362	2362	the credit of a special account in the General Revenue Fund called
2363	2363	the canteen revolving fund. The proceeds shall be used to pay the
2364	2364	actual expenses of maintaining and operating the canteens and
2365	2365	vending machines.
2366	2366	(b) Proceeds in excess of the amount required for the
2367	2367	[those] expenses described by Subsection (a), donations for student
2368	2368	activities, and proceeds from children's fundraising projects
2369	2369	shall be deposited to the credit of a special account in the General
2370	2370	Revenue Fund called the student benefit fund and may be used only
2371	2371	to:
2372	2372	(1) provide education, recreation, and entertainment
2373	2373	to children committed to the department [commission]; or
2374	2374	(2) reimburse children committed to the department
2375	2375	[commission] for personal property lost or damaged as a result of
2376	2376	negligence by the staff of the department [commission].
2377	2377	(c) [(b)] Proceeds from shop projects at the facilities
2378	2378	under the department's [commission's] jurisdiction shall be
2379	2379	deposited to the credit of a special account in the General Revenue
2380	2380	Fund called the vocational shop fund and may be used only to:
2381	2381	(1) purchase and maintain parts, tools, and other
2382	2382	supplies necessary for the shop projects; and
2383	2383	(2) [to] compensate the students who participate in
2384	2384	the projects.
2385	2385	(d) [(c)] Registration fees from seminars and conferences
2386	2386	conducted by the department [commission] shall be deposited to the
2387	2387	credit of a special account in the General Revenue Fund called the
2388	2388	conference account and may be used only to pay the costs of
2389	2389	conducting seminars and conferences.
2390	2390	(e) [(d)] Money in the special accounts described by this
2391	2391	section is appropriated for the purposes indicated in this section
2392	2392	and shall be expended on warrants drawn by the comptroller on the
2393	2393	order of the department [commission].
2394	2394	Sec. 242.063 [61.0432]. STUDENT TRUST FUND; CONTRABAND
2395	2395	MONEY. (a) Except as provided by Subsection (b), money belonging
2396	2396	to a child committed to the department [commission] in excess of the
2397	2397	amount the department [commission] allows in a child's possession
2398	2398	shall be deposited in a trust fund established by the facility
2399	2399	operated by the department [commission] to which the child is
2400	2400	assigned. The department [commission] shall adopt rules governing
2401	2401	the administration of the trust fund.
2402	2402	(b) Money possessed by a child committed to the department
2403	2403	[commission] that is determined to be contraband money as defined
2404	2404	by department [commission] rule shall be deposited in the student
2405	2405	benefit fund described by Section 242.062(b) [61.0431]. The
2406	2406	department [commission] shall notify each child committed to the
2407	2407	department [commission] that the possession of contraband money is
2408	2408	subject to confiscation by the department [commission] under this
2409	2409	subsection.
2410	2410	Sec. 242.064 [61.0433]. DEBIT CARD SUSPENSE ACCOUNTS. (a)
2411	2411	The department [commission] may establish debit card suspense
2412	2412	accounts necessary to operate magnetic debit card systems at
2413	2413	facilities under the jurisdiction of the department [commission] to
2414	2414	enable the students, employees, and visitors to make purchases of:
2415	2415	(1) merchandise from vending machines or canteens
2416	2416	within the facilities;
2417	2417	(2) meals from cafeterias within the facilities; and
2418	2418	(3) services that the facilities are authorized to
2419	2419	provide.
2420	2420	(b) Cash received from cash-to-card machines and amounts
2421	2421	electronically transferred for card use from the students' trust
2422	2422	fund accounts shall be deposited to debit card suspense accounts in
2423	2423	local depositories and held pending card purchases.
2424	2424	(c) Transfers of cash based on card use for purchases of
2425	2425	merchandise or services shall be made from the debit card suspense
2426	2426	accounts to the appropriate vendors and to accounts in the state
2427	2427	treasury in accordance with laws governing receipt of state
2428	2428	revenues.
2429	2429	(d) Unused debit card balances shall be refunded to the card
2430	2430	holders from the debit card suspense accounts.
2431	2431	Sec. 242.065 [61.044. BIENNIAL BUDGET. The executive
2432	2432	commissioner shall prepare a biennial budget of all funds necessary
2433	2433	to be appropriated by the legislature to the commission to carry out
2434	2434	the purposes of this chapter. The budget shall be submitted and
2435	2435	filed by the executive commissioner in the form and manner and
2436	2436	within the time prescribed by law.
2437	2437	[Sec. 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a)
2438	2438	The commission shall have general charge of and be responsible for
2439	2439	the welfare, custody, and rehabilitation of the children in a
2440	2440	school, facility, or program operated or funded by the commission.
2441	2441	The commission shall seek to establish relationships and to
2442	2442	organize a way of life that will meet the spiritual, moral,
2443	2443	physical, emotional, intellectual, and social needs of the children
2444	2444	under its care as those needs would be met in an adequate home.
2445	2445	[(b) The commission shall see that the buildings and
2446	2446	premises are kept in good sanitary order.
2447	2447	[Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office
2448	2448	of inspector general is established at the commission for the
2449	2449	purpose of investigating:
2450	2450	[(1) crimes committed by commission employees,
2451	2451	including parole officers employed by or under a contract with the
2452	2452	commission; and
2453	2453	[(2) crimes and delinquent conduct committed at a
2454	2454	facility operated by the commission or at a residential facility
2455	2455	operated by another entity under a contract with the commission.
2456	2456	[(b) The office of inspector general shall prepare and
2457	2457	deliver a report concerning the results of any investigation
2458	2458	conducted under this section to:
2459	2459	[(1) the executive commissioner;
2460	2460	[(2) the advisory board;
2461	2461	[(3) the governor;
2462	2462	[(4) the lieutenant governor;
2463	2463	[(5) the speaker of the house of representatives;
2464	2464	[(6) the standing committees of the senate and house
2465	2465	of representatives with primary jurisdiction over matters
2466	2466	concerning correctional facilities;
2467	2467	[(7) the special prosecution unit;
2468	2468	[(8) the state auditor; and
2469	2469	[(9) any other appropriate state agency responsible
2470	2470	for licensing or certifying commission employees or facilities.
2471	2471	[(c) The report prepared under Subsection (b) must include a
2472	2472	summary of the actions performed by the office of inspector general
2473	2473	in conducting the investigation, a statement of whether the
2474	2474	investigation resulted in a finding that a criminal offense or
2475	2475	delinquent conduct occurred, and a description of the finding. The
2476	2476	report is public information under Chapter 552, Government Code,
2477	2477	only to the extent authorized under that chapter and other law.
2478	2478	[(d) The office of inspector general may employ and
2479	2479	commission inspectors general as peace officers for the purpose of
2480	2480	carrying out the duties described by this section. An inspector
2481	2481	general shall have all of the powers and duties given to peace
2482	2482	officers under Article 2.13, Code of Criminal Procedure.
2483	2483	[(e) Peace officers employed and commissioned under
2484	2484	Subsection (d) must:
2485	2485	[(1) be certified by the Commission on Law Enforcement
2486	2486	Officer Standards and Education under Chapter 1701, Occupations
2487	2487	Code; and
2488	2488	[(2) complete advanced courses relating to the duties
2489	2489	of peace officers employed and commissioned under Subsection (d) as
2490	2490	part of any continuing education requirements for the peace
2491	2491	officers.
2492	2492	[(f) The executive commissioner shall select a commissioned
2493	2493	peace officer as chief inspector general. The chief inspector
2494	2494	general is subject to the requirements of this section and may only
2495	2495	be discharged for cause.
2496	2496	[(g) The chief inspector general shall on a quarterly basis
2497	2497	prepare and deliver a report concerning the operations of the
2498	2498	office of inspector general to:
2499	2499	[(1) the executive commissioner;
2500	2500	[(2) the advisory board;
2501	2501	[(3) the governor;
2502	2502	[(4) the lieutenant governor;
2503	2503	[(5) the speaker of the house of representatives;
2504	2504	[(6) the standing committees of the senate and house
2505	2505	of representatives with primary jurisdiction over correctional
2506	2506	facilities;
2507	2507	[(7) the state auditor; and
2508	2508	[(8) the comptroller.
2509	2509	[(h) A report prepared under Subsection (g) is public
2510	2510	information under Chapter 552, Government Code, to the extent
2511	2511	authorized under that chapter and other law, and the commission
2512	2512	shall publish the report on the commission's Internet website. A
2513	2513	report must be both aggregated and disaggregated by individual
2514	2514	facility and include information relating to:
2515	2515	[(1) the types of investigations conducted by the
2516	2516	office of inspector general, such as whether an investigation
2517	2517	concerned narcotics or an alleged incident of sexual abuse;
2518	2518	[(2) the relationship of a victim to a perpetrator, if
2519	2519	applicable; and
2520	2520	[(3) the number of investigations conducted
2521	2521	concerning suicides, deaths, and hospitalizations of children in
2522	2522	the custody of the commission.
2523	2523	[(i) The office of inspector general shall immediately
2524	2524	report to the executive commissioner, the advisory board, the
2525	2525	governor's general counsel, and the state auditor any particularly
2526	2526	serious or flagrant problem concerning the administration of a
2527	2527	commission program or operation or any interference by the
2528	2528	executive commissioner or an employee of the commission with an
2529	2529	investigation conducted by the office.
2530	2530	[Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall
2531	2531	establish a permanent, toll-free number for the purpose of
2532	2532	receiving any information concerning the abuse, neglect, or
2533	2533	exploitation of children in the custody of the commission.
2534	2534	[(b) The office of inspector general shall ensure that:
2535	2535	[(1) the toll-free number is prominently displayed in
2536	2536	each commission facility; and
2537	2537	[(2) children in the custody of the commission and
2538	2538	commission employees have confidential access to telephones for the
2539	2539	purpose of calling the toll-free number.
2540	2540	[Sec. 61.046]. RELIGIOUS TRAINING. The department
2541	2541	[commission] shall provide for the religious and spiritual training
2542	2542	of children in its custody according to the children's individual
2543	2543	choices.
2544	2544	Sec. 242.066 [61.0461]. EMPLOYMENT OR DESIGNATION OF
2545	2545	CHAPLAIN AT CERTAIN DEPARTMENT [COMMISSION] FACILITIES. The
2546	2546	department [commission] shall ensure that a chaplain is employed or
2547	2547	formally designated for each department [commission] correctional
2548	2548	facility that is an institution.
2549	2549	Sec. 242.067 [61.047]. VIOLENCE PREVENTION AND CONFLICT
2550	2550	RESOLUTION EDUCATION. The department [commission] shall provide
2551	2551	education in violence prevention and conflict resolution that
2552	2552	includes discussion of domestic violence and child abuse issues to
2553	2553	all children in its custody.
2554	2554	Sec. 242.068 [61.048. BUILDINGS AND IMPROVEMENTS. (a) The
2555	2555	commission may design, construct, equip, furnish, and maintain
2556	2556	buildings and improvements at facilities under its jurisdiction.
2557	2557	The commission may employ architects or engineers, or both, to
2558	2558	prepare plans and specifications and to supervise the construction
2559	2559	and improvements. The commission shall promulgate rules relating
2560	2560	to the award of contracts for the construction of buildings and
2561	2561	improvements. The rules shall provide for the award of contracts
2562	2562	for the construction of buildings and improvements to the qualified
2563	2563	bidder making the lowest and best bid. A construction contract may
2564	2564	not be awarded for a sum in excess of the amount of funds available
2565	2565	for the project. The commission may reject any and all bids
2566	2566	submitted.
2567	2567	[(b) If a project is financed in whole or in part by federal
2568	2568	funds, any standards required by the enabling federal statute or
2569	2569	required by the rules of the administering federal agency control
2570	2570	over this section.
2571	2571	[(c) The commission may employ professional, technical, and
2572	2572	clerical personnel to carry out the design and construction
2573	2573	functions required by this section.
2574	2574	[Sec. 61.050]. FIRE PROTECTION ACTIVITIES. (a) The
2575	2575	department [commission] may perform fire protection, fire
2576	2576	prevention, and fire suppression activities at department
2577	2577	[commission] facilities.
2578	2578	(b) The department [commission] may prescribe circumstances
2579	2579	under which, for the benefit of the public safety and welfare,
2580	2580	department [commission] employees using department [commission]
2581	2581	equipment may assist municipal or volunteer fire departments in the
2582	2582	performance of fire protection, fire prevention, or fire
2583	2583	suppression activities near department [commission] facilities.
2584	2584	Sec. 242.069 [61.051]. CLIENT SERVICE CONTRACT STANDARDS.
2585	2585	In each contract for the purchase of residential program-related
2586	2586	client services, the department [commission] shall include:
2587	2587	(1) clearly defined contract goals, outputs, and
2588	2588	measurable outcomes that relate directly to program objectives;
2589	2589	(2) clearly defined sanctions or penalties for failure
2590	2590	to comply with or perform contract terms or conditions; and
2591	2591	(3) clearly specified accounting, reporting, and
2592	2592	auditing requirements applicable to money received under the
2593	2593	contract.
2594	2594	Sec. 242.070 [61.052]. CONTRACT MONITORING. The
2595	2595	department [commission] shall establish a formal program to monitor
2596	2596	residential program-related client services contracts made by the
2597	2597	department [commission]. The department [commission] must:
2598	2598	(1) monitor compliance with financial and performance
2599	2599	requirements using a risk assessment methodology; and
2600	2600	(2) obtain and evaluate program cost information to
2601	2601	ensure that each cost, including an administrative cost, is
2602	2602	reasonable and necessary to achieve program objectives.
2603	2603	Sec. 242.071 [61.053. MEDICAID BENEFITS. The commission
2604	2604	shall apply for benefits under the federal Medicaid program if
2605	2605	application is cost effective in reducing health care costs
2606	2606	incurred by the commission.
2607	2607	[Sec. 61.054]. SALE OR LICENSE OF TREATMENT PROGRAMS. (a)
2608	2608	The department [commission] may sell or license to an individual or
2609	2609	a private or public entity the right to use a treatment program
2610	2610	developed by the department [commission].
2611	2611	(b) Proceeds from the sale or license of a treatment program
2612	2612	shall be deposited to the credit of the fund that provided the money
2613	2613	to finance the development of the treatment program.
2614	2614	(c) At the end of each fiscal year, any unexpended proceeds
2615	2615	from the sale or license of a treatment program shall be carried
2616	2616	over to the next fiscal year to the credit of the fund that provided
2617	2617	the money to finance the development of the treatment program.
2618	2618	[Sections 242.072-242.100 reserved for expansion]
2619	2619	SUBCHAPTER C. ABUSE OR CRIMES COMMITTED AT DEPARTMENT
2620	2620	FACILITIES OR BY DEPARTMENT EMPLOYEES
2621	2621	Sec. 242.101 [61.055]. ZERO-TOLERANCE POLICY. (a) The
2622	2622	department [commission] shall adopt and enforce a zero-tolerance
2623	2623	policy concerning the detection, prevention, and punishment of the
2624	2624	sexual abuse, including consensual sexual contact, of children in
2625	2625	the custody of the department [commission].
2626	2626	(b) The department [commission] shall establish standards
2627	2627	for reporting and collecting data on the sexual abuse of children in
2628	2628	the custody of the department [commission].
2629	2629	(c) The department [commission] shall establish a procedure
2630	2630	for children in the custody of the department [commission] and
2631	2631	department [commission] employees to report incidents of sexual
2632	2632	abuse involving a child in the custody of the department
2633	2633	[commission]. The procedure must designate a person employed at
2634	2634	the department [commission] facility in which the abuse is alleged
2635	2635	to have occurred as well as a person who is employed at the
2636	2636	department's [commission's] headquarters to whom a person may
2637	2637	report an incident of sexual abuse.
2638	2638	(d) The department [commission] shall prominently display
2639	2639	the following notice in the office of the chief administrator of
2640	2640	each department [commission] facility, the employees' break room of
2641	2641	each department [commission] facility, the cafeteria of each
2642	2642	department [commission] facility, and at least six additional
2643	2643	locations in each department [commission] facility:
2644	2644	THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
2645	2645	REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
2646	2646	A CHILD IN THE CUSTODY OF THE DEPARTMENT [COMMISSION]. ANY SUCH
2647	2647	VIOLATION MUST BE REPORTED TO __________.
2648	2648	Sec. 242.102. OFFICE OF INSPECTOR GENERAL ESTABLISHED. The
2649	2649	office of inspector general is established at the department for
2650	2650	the purpose of investigating:
2651	2651	(1) crimes committed by department employees,
2652	2652	including parole officers employed by or under a contract with the
2653	2653	department; and
2654	2654	(2) crimes and delinquent conduct committed at a
2655	2655	facility operated by the department or at a residential facility
2656	2656	operated by another entity under a contract with the department.
2657	2657	Sec. 242.103. CERTAIN REPORTS REQUIRED. (a) The office of
2658	2658	inspector general shall prepare and deliver a report concerning the
2659	2659	results of any investigation conducted under this subchapter to:
2660	2660	(1) the executive director;
2661	2661	(2) any applicable advisory board to the department;
2662	2662	(3) the governor;
2663	2663	(4) the lieutenant governor;
2664	2664	(5) the speaker of the house of representatives;
2665	2665	(6) the standing committees of the senate and house of
2666	2666	representatives with primary jurisdiction over matters concerning
2667	2667	correctional facilities;
2668	2668	(7) the special prosecution unit;
2669	2669	(8) the state auditor; and
2670	2670	(9) any other appropriate state agency responsible for
2671	2671	licensing or certifying department employees or facilities.
2672	2672	(b) The report prepared under Subsection (a) must include a
2673	2673	summary of the actions performed by the office of inspector general
2674	2674	in conducting the investigation, a statement of whether the
2675	2675	investigation resulted in a finding that a criminal offense or
2676	2676	delinquent conduct occurred, and a description of the finding.
2677	2677	(c) A report prepared under Subsection (a) is public
2678	2678	information under Chapter 552, Government Code, only to the extent
2679	2679	authorized under that chapter and other law.
2680	2680	Sec. 242.104. EMPLOYMENT OF PEACE OFFICERS BY OFFICE OF
2681	2681	INSPECTOR GENERAL. (a) The office of inspector general may employ
2682	2682	and commission inspectors general as peace officers for the purpose
2683	2683	of carrying out the duties described by this section. An inspector
2684	2684	general shall have all of the powers and duties given to peace
2685	2685	officers under Article 2.13, Code of Criminal Procedure.
2686	2686	(b) Peace officers employed and commissioned under
2687	2687	Subsection (a) must:
2688	2688	(1) be certified by the Department on Law Enforcement
2689	2689	Officer Standards and Education under Chapter 1701, Occupations
2690	2690	Code; and
2691	2691	(2) complete advanced courses relating to the duties
2692	2692	of peace officers employed and commissioned under Subsection (a) as
2693	2693	part of any continuing education requirements for the peace
2694	2694	officers.
2695	2695	Sec. 242.105. CHIEF INSPECTOR GENERAL; SELECTION AND
2696	2696	DUTIES. (a) The executive director shall select a commissioned
2697	2697	peace officer as chief inspector general. The chief inspector
2698	2698	general is subject to the requirements of Section 242.104 and may
2699	2699	only be discharged for cause.
2700	2700	(b) The chief inspector general shall on a quarterly basis
2701	2701	prepare and deliver a report concerning the operations of the
2702	2702	office of inspector general to:
2703	2703	(1) the executive director;
2704	2704	(2) any applicable advisory board to the department;
2705	2705	(3) the governor;
2706	2706	(4) the lieutenant governor;
2707	2707	(5) the speaker of the house of representatives;
2708	2708	(6) the standing committees of the senate and house of
2709	2709	representatives with primary jurisdiction over correctional
2710	2710	facilities;
2711	2711	(7) the state auditor; and
2712	2712	(8) the comptroller.
2713	2713	(c) A report prepared under Subsection (b) is public
2714	2714	information under Chapter 552, Government Code, to the extent
2715	2715	authorized under that chapter and other law, and the department
2716	2716	shall publish the report on the department's Internet website.
2717	2717	(d) A report prepared under Subsection (b) must be both
2718	2718	aggregated and disaggregated by individual facility and include
2719	2719	information relating to:
2720	2720	(1) the types of investigations conducted by the
2721	2721	office of inspector general, such as whether an investigation
2722	2722	concerned narcotics or an alleged incident of sexual abuse;
2723	2723	(2) the relationship of a victim to a perpetrator, if
2724	2724	applicable; and
2725	2725	(3) the number of investigations conducted concerning
2726	2726	suicides, deaths, and hospitalizations of children in the custody
2727	2727	of the department.
2728	2728	(e) The office of inspector general shall immediately
2729	2729	report to the executive director, any applicable advisory board to
2730	2730	the department, the governor's general counsel, and the state
2731	2731	auditor any particularly serious or flagrant problem concerning the
2732	2732	administration of a department program or operation or any
2733	2733	interference by the executive director or an employee of the
2734	2734	department with an investigation conducted by the office.
2735	2735	Sec. 242.106. TOLL-FREE NUMBER. (a) The department shall
2736	2736	establish a permanent, toll-free number for the purpose of
2737	2737	receiving any information concerning the abuse, neglect, or
2738	2738	exploitation of children in the custody of the department.
2739	2739	(b) The office of inspector general shall ensure that:
2740	2740	(1) the toll-free number is prominently displayed in
2741	2741	each department facility; and
2742	2742	(2) children in the custody of the department and
2743	2743	department employees have confidential access to telephones for the
2744	2744	purpose of calling the toll-free number.
2745	2745	CHAPTER 243 [SUBCHAPTER D]. ADMISSION AND COMMITMENT; ESCAPE
2746	2746	SUBCHAPTER A. ADMISSION AND COMMITMENT
2747	2747	Sec. 243.001 [61.061]. PLACEMENT IN DEPARTMENT
2748	2748	[COMMISSION] FACILITIES. (a) The department [commission] may not
2749	2749	assign a child younger than 15 years of age to the same correctional
2750	2750	facility dormitory as a person who is at least 17 years of age
2751	2751	unless the department [commission] determines that the placement is
2752	2752	necessary to ensure the safety of children in the custody of the
2753	2753	department [commission]. This subsection does not apply to a
2754	2754	dormitory that is used exclusively for short-term assessment and
2755	2755	orientation purposes.
2756	2756	(b) The department [commission] by rule shall adopt
2757	2757	scheduling, housing, and placement procedures for the purpose of
2758	2758	protecting vulnerable children in the custody of the department
2759	2759	[commission]. The procedures must address the age, physical
2760	2760	condition, and treatment needs of a child as well as any other
2761	2761	relevant factor.
2762	2762	(c) The department [commission] shall consider the
2763	2763	proximity of the residence of a child's family in determining the
2764	2764	appropriate department [commission] facility in which to place a
2765	2765	child.
2766	2766	Sec. 243.002 [61.062]. ESTABLISHMENT OF MINIMUM LENGTH OF
2767	2767	STAY. (a) The department [commission] shall establish a minimum
2768	2768	length of stay for each child committed to the department
2769	2769	[commission] without a determinate sentence.
2770	2770	(b) In establishing a minimum length of stay for a child,
2771	2771	the department [commission] shall consider:
2772	2772	(1) the nature of and seriousness of the conduct
2773	2773	engaged in by the child; and
2774	2774	(2) the danger the child poses to the community.
2775	2775	Sec. 243.003 [61.064]. CONVEYANCE OF CHILD TO DEPARTMENT
2776	2776	[COMMISSION]. (a) When a child is to be conveyed to a facility
2777	2777	designated by the department [commission], the juvenile court shall
2778	2778	assign an officer or other suitable person to accompany the child.
2779	2779	The person assigned to accompany a female must be a woman.
2780	2780	(b) The cost of conveying the child shall be paid by the
2781	2781	county from which the child is committed, except that[. However,]
2782	2782	no compensation shall be allowed other than [except] for the actual
2783	2783	and necessary expenses of the child and the person accompanying the
2784	2784	child.
2785	2785	Sec. 243.004 [61.065]. NOTIFICATION AND DUTY TO FURNISH
2786	2786	INFORMATION. (a) When a juvenile court commits a child to the
2787	2787	department [commission], the court shall forward to the department
2788	2788	[commission] a certified copy of the order of commitment.
2789	2789	(b) The court, the probation officer, the prosecuting and
2790	2790	police authorities, the school authorities, and other public
2791	2791	officials shall make available to the department [commission] all
2792	2792	pertinent information in their possession regarding the case.
2793	2793	(c) If requested by the department [commission], the
2794	2794	reports required by this section shall be made on forms furnished by
2795	2795	the department [commission] or according to an outline furnished by
2796	2796	the department [commission].
2797	2797	Sec. 243.005 [61.0651]. INFORMATION PROVIDED BY COMMITTING
2798	2798	COURT. In addition to the information provided under Section
2799	2799	243.004 [61.065], a court that commits a child to the department
2800	2800	[commission] shall provide the department [commission] with a copy
2801	2801	of the following documents:
2802	2802	(1) the petition and the adjudication and disposition
2803	2803	orders for the child, including the child's thumbprint;
2804	2804	(2) if the commitment is a result of revocation of
2805	2805	probation, a copy of the conditions of probation and the revocation
2806	2806	order;
2807	2807	(3) the social history report for the child;
2808	2808	(4) any psychological or psychiatric reports
2809	2809	concerning the child;
2810	2810	(5) the contact information sheet for the child's
2811	2811	parents or guardian;
2812	2812	(6) any law enforcement incident reports concerning
2813	2813	the offense for which the child is committed;
2814	2814	(7) any sex offender registration information
2815	2815	concerning the child;
2816	2816	(8) any juvenile probation department progress
2817	2817	reports concerning the child;
2818	2818	(9) any assessment documents concerning the child;
2819	2819	(10) the computerized referral and case history for
2820	2820	the child, including case disposition;
2821	2821	(11) the child's birth certificate;
2822	2822	(12) the child's social security number or social
2823	2823	security card, if available;
2824	2824	(13) the name, address, and telephone number of the
2825	2825	court administrator in the committing county;
2826	2826	(14) Title IV-E eligibility screening information for
2827	2827	the child, if available;
2828	2828	(15) the address in the committing county for
2829	2829	forwarding funds collected to which the committing county is
2830	2830	entitled;
2831	2831	(16) any of the child's school or immunization records
2832	2832	that the committing county possesses;
2833	2833	(17) any victim information concerning the case for
2834	2834	which the child is committed; and
2835	2835	(18) any of the child's pertinent medical records that
2836	2836	the committing court possesses.
2837	2837	Sec. 243.006. INFORMATION PROVIDED TO CONVICTING
2838	2838	COURT. (a) At the request of a court that commits a child to the
2839	2839	department, the department shall provide the court with periodic
2840	2840	updates on the progress the child is making while committed to the
2841	2841	department.
2842	2842	(b) A report provided under Subsection (a) may include any
2843	2843	information the department determines to be relevant in evaluating
2844	2844	the child's progress, including, as applicable, information
2845	2845	concerning the child's treatment, education, and health.
2846	2846	(c) A report provided under this section may not include
2847	2847	information that is protected from disclosure under state or
2848	2848	federal law.
2849	2849	Sec. 243.007 [61.066]. COMMITMENT RECORDS. A commitment
2850	2850	to the department [commission] may not be received in evidence or
2851	2851	used in any way in any proceedings in any court except in:
2852	2852	(1) subsequent proceedings under Title 3 of the Family
2853	2853	Code against the same child;
2854	2854	(2) imposing sentence in any criminal proceedings
2855	2855	against the same person; or
2856	2856	(3) subsequent civil commitment proceedings under
2857	2857	Chapter 841, Health and Safety Code, regarding the same person.
2858	2858	[Sections 243.008-243.050 reserved for expansion]
2859	2859	SUBCHAPTER B. ESCAPE AND VIOLATION OF RELEASE CONDITIONS
2860	2860	Sec. 243.051. APPREHENSION AFTER ESCAPE OR VIOLATION OF
2861	2861	RELEASE CONDITIONS. (a) If a child who has been committed to the
2862	2862	department and placed by the department in any institution or
2863	2863	facility has escaped or has been released under supervision and
2864	2864	broken the conditions of release:
2865	2865	(1) a sheriff, deputy sheriff, constable, or police
2866	2866	officer may, without a warrant, arrest the child; or
2867	2867	(2) a department employee designated by the executive
2868	2868	director may, without a warrant or other order, take the child into
2869	2869	the custody of the department.
2870	2870	(b) A child who is arrested or taken into custody under
2871	2871	Subsection (a) may be detained in any suitable place, including an
2872	2872	adult jail facility if the person is 17 years of age or older, until
2873	2873	the child is returned to the custody of the department or
2874	2874	transported to a department facility.
2875	2875	(c) Notwithstanding Section 58.005, Family Code, the
2876	2876	department may disseminate to the public the following information
2877	2877	relating to a child who has escaped from custody:
2878	2878	(1) the child's name, including other names by which
2879	2879	the child is known;
2880	2880	(2) the child's physical description, including sex,
2881	2881	weight, height, race, ethnicity, eye color, hair color, scars,
2882	2882	marks, and tattoos;
2883	2883	(3) a photograph of the child; and
2884	2884	(4) if necessary to protect the welfare of the
2885	2885	community, any other information that reveals dangerous
2886	2886	propensities of the child or expedites the apprehension of the
2887	2887	child.
2888	2888	Sec. 243.052. APPREHENSION SPECIALISTS. (a) The
2889	2889	department may employ and commission apprehension specialists as
2890	2890	peace officers for the purpose of apprehending a child under
2891	2891	Section 243.051.
2892	2892	(b) Peace officers employed and commissioned under
2893	2893	Subsection (a) must be certified by the Texas Commission on Law
2894	2894	Enforcement Officer Standards and Education under Chapter 1701,
2895	2895	Occupations Code.
2896	2896	CHAPTER 244 [SUBCHAPTER E]. CARE AND TREATMENT OF CHILDREN
2897	2897	SUBCHAPTER A. GENERAL CARE AND TREATMENT OF CHILDREN
2898	2898	Sec. 244.001 [61.071]. INITIAL EXAMINATION. (a) The
2899	2899	department [commission] shall examine and make a study of each
2900	2900	child committed to it as soon as possible after commitment. The
2901	2901	study shall be made according to rules established by the
2902	2902	department [commission] and shall include:
2903	2903	(1) long-term planning for the child; and
2904	2904	(2) consideration of the child's medical, substance
2905	2905	abuse, and treatment history, including the child's psychiatric
2906	2906	history and substance abuse history.
2907	2907	(b) For a child for whom a minimum length of stay is
2908	2908	established under Section 243.002 [61.062] of one year or longer,
2909	2909	the initial examination must include a comprehensive psychiatric
2910	2910	evaluation.
2911	2911	(c) The department [commission] shall administer
2912	2912	comprehensive psychological assessments to a child as part of the
2913	2913	child's initial examination, including assessments designed to
2914	2914	identify whether a child is in need of a psychiatric
2915	2915	evaluation. If the results of a child's psychological assessments
2916	2916	indicate that the child is in need of a psychiatric evaluation, the
2917	2917	department [commission] shall as soon as practicable conduct a
2918	2918	psychiatric evaluation of the child.
2919	2919	Sec. 244.002 [61.0711. HEALTH CARE DELIVERY SYSTEM. (a)
2920	2920	In providing medical care, behavioral health care, or
2921	2921	rehabilitation services, the commission shall integrate the
2922	2922	provision of those services in an integrated comprehensive delivery
2923	2923	system.
2924	2924	[(b) The delivery system may be used to deliver any medical,
2925	2925	behavioral health, or rehabilitation services provided to a child
2926	2926	in the custody of the commission, including:
2927	2927	[(1) health care;
2928	2928	[(2) dental care;
2929	2929	[(3) behavioral health care;
2930	2930	[(4) substance abuse treatment;
2931	2931	[(5) nutrition;
2932	2932	[(6) programming;
2933	2933	[(7) case management; and
2934	2934	[(8) general rehabilitation services, including
2935	2935	educational, spiritual, daily living, recreational, and security
2936	2936	services.
2937	2937	[Sec. 61.072]. REEXAMINATION. (a) The department
2938	2938	[commission] shall periodically reexamine each child under its
2939	2939	control, except those on release under supervision or in foster
2940	2940	homes, for the purpose of determining whether a rehabilitation plan
2941	2941	made by the department [commission] concerning the child should be
2942	2942	modified or continued.
2943	2943	(b) The reexamination [examination] must include a study of
2944	2944	all current circumstances of a child's personal and family
2945	2945	situation and an evaluation of the progress made by the child since
2946	2946	the child's last examination.
2947	2947	(c) The reexamination [examination] of a child may be made
2948	2948	as frequently as the department [commission] considers necessary,
2949	2949	but shall be made at intervals not exceeding six months.
2950	2950	Sec. 244.003 [61.073]. RECORDS OF EXAMINATIONS AND
2951	2951	TREATMENT. (a) The department [commission] shall keep written
2952	2952	records of all examinations and conclusions based on them and of all
2953	2953	orders concerning the disposition or treatment of each child
2954	2954	subject to its control.
2955	2955	(b) Except as provided by Section 243.051(c) [61.093(c)],
2956	2956	these records and all other information concerning a child,
2957	2957	including personally identifiable information, are not public and
2958	2958	are available only according to the provisions of Section 58.005,
2959	2959	Family Code, Section 244.051 [61.0731, Human Resources Code], and
2960	2960	Chapter 61, Code of Criminal Procedure.
2961	2961	Sec. 244.004 [61.0731. INFORMATION AVAILABLE TO CHILDREN,
2962	2962	PARENTS, AND OTHERS. (a) In the interest of achieving the purpose
2963	2963	of the commission and protecting the public, the commission may
2964	2964	disclose records and other information concerning a child to the
2965	2965	child and the child's parent or guardian only if disclosure would
2966	2966	not materially harm the treatment and rehabilitation of the child
2967	2967	and would not substantially decrease the likelihood of the
2968	2968	commission receiving information from the same or similar sources
2969	2969	in the future. Information concerning a person who is age 18 or
2970	2970	older may not be disclosed to the person's parent or guardian
2971	2971	without the person's consent.
2972	2972	[(b) The commission may disclose information regarding a
2973	2973	child's location and committing court to a person having a
2974	2974	legitimate need for the information.
2975	2975	[(c) The commission may disclose to a peace officer or law
2976	2976	enforcement agency images of children recorded by an electronic
2977	2977	recording device and incident reporting and investigation
2978	2978	documents containing the names of children if the information is
2979	2979	relevant to the investigation of a criminal offense alleged to have
2980	2980	occurred in a facility operated by or under contract with the
2981	2981	commission.
2982	2982	[Sec. 61.074]. FAILURE TO EXAMINE OR REEXAMINE. (a)
2983	2983	Failure of the department [commission] to examine or reexamine a
2984	2984	child as required by this subchapter [chapter] does not entitle the
2985	2985	child to be discharged from the control of the department
2986	2986	[commission], but the child may petition the committing court for
2987	2987	discharge.
2988	2988	(b) After due notice to the department [commission], the
2989	2989	committing court shall discharge the child from the control of the
2990	2990	department [commission] unless the department [commission]
2991	2991	satisfies the court that further control is necessary.
2992	2992	Sec. 244.005 [61.075]. DETERMINATION OF TREATMENT. When
2993	2993	a child has been committed to the department [commission], the
2994	2994	department [commission] may:
2995	2995	(1) permit the child liberty under supervision and on
2996	2996	conditions the department [it] believes conducive to acceptable
2997	2997	behavior;
2998	2998	(2) order the child's confinement under conditions the
2999	2999	department [it] believes best designed for the child's welfare and
3000	3000	the interests of the public;
3001	3001	(3) order reconfinement or renewed release as often as
3002	3002	conditions indicate to be desirable;
3003	3003	(4) revoke or modify any order of the department
3004	3004	[commission] affecting a child, except an order of final discharge,
3005	3005	as often as conditions indicate; or
3006	3006	(5) discharge the child from control when the
3007	3007	department [it] is satisfied that discharge will best serve the
3008	3008	child's welfare and the protection of the public.
3009	3009	Sec. 244.006 [61.0751. SUBPOENAS. (a) A hearings
3010	3010	examiner appointed by the commission may issue a subpoena requiring
3011	3011	the attendance of a witness or the production of any record, book,
3012	3012	paper, or document the hearings examiner considers necessary for a
3013	3013	determination of treatment under Section 61.075.
3014	3014	[(b) The hearings examiner may sign a subpoena and
3015	3015	administer an oath.
3016	3016	[(c) A peace officer, apprehension specialist, parole
3017	3017	officer, or other commission official may serve the subpoena in the
3018	3018	same manner as similar process in a court of record having original
3019	3019	jurisdiction of criminal actions is served.
3020	3020	[(d) A person who testifies falsely, fails to appear when
3021	3021	subpoenaed, or fails or refuses to produce material under the
3022	3022	subpoena is subject to the same orders and penalties to which a
3023	3023	person taking those actions before a court is subject.
3024	3024	[(e) On application of the commission, a court of record
3025	3025	having original jurisdiction of criminal actions may compel the
3026	3026	attendance of a witness, the production of material, or the giving
3027	3027	of testimony before the hearings examiner, by an attachment for
3028	3028	contempt or in the same manner as the court may otherwise compel the
3029	3029	production of evidence.
3030	3030	[Sec. 61.076]. TYPE OF TREATMENT PERMITTED. (a) As a
3031	3031	means of correcting the socially harmful tendencies of a child
3032	3032	committed to the department [it], the department [commission] may:
3033	3033	(1) require the child to participate in moral,
3034	3034	academic, vocational, physical, and correctional training and
3035	3035	activities;
3036	3036	(2) require the modes of life and conduct that seem
3037	3037	best adapted to fit the child for return to full liberty without
3038	3038	danger to the public;
3039	3039	(3) provide any medical or psychiatric treatment that
3040	3040	is necessary; and
3041	3041	(4) place physically fit children in
3042	3042	parks-maintenance camps, forestry camps, or ranches owned by the
3043	3043	state or the United States and require the performance of suitable
3044	3044	conservation and maintenance work.
3045	3045	(b) The dominant purpose of placing children in camps is to
3046	3046	benefit and rehabilitate the children rather than to make the camps
3047	3047	self-sustaining. Children placed in camps may not be exploited.
3048	3048	Sec. 244.007 [61.0761]. FAMILY PROGRAMS. The department
3049	3049	[commission] shall develop programs that encourage family
3050	3050	involvement in the rehabilitation of the child.
3051	3051	Sec. 244.008 [61.0762]. INFANT CARE AND PARENTING
3052	3052	PROGRAM. (a) In this section, "child" means the child of a person
3053	3053	who is committed to the department [commission].
3054	3054	(b) The department [commission] may establish child care
3055	3055	and parenting programs for persons committed to the department
3056	3056	[commission] who are parents.
3057	3057	(c) The department [commission] may permit a mother to have
3058	3058	possession of her child in a residential program that has an infant
3059	3059	care and parenting program or to have possession of her child in a
3060	3060	department-funded [commission-funded] independent living
3061	3061	residence for up to six months if:
3062	3062	(1) the child's father or another relative or guardian
3063	3063	of the child agrees in advance of the child's placement with the
3064	3064	child's mother to assume possession of the child immediately upon
3065	3065	notice by the department [commission] to do so;
3066	3066	(2) the child's parents and any other person having a
3067	3067	duty of support acknowledge that by permitting the mother to have
3068	3068	possession of the child while the mother is confined in a
3069	3069	residential facility or placed in an independent living residence,
3070	3070	the department [commission] assumes no responsibility for the
3071	3071	child's care beyond the responsibility of care that is ordinarily
3072	3072	due the child's mother and the reasonable accommodations that are
3073	3073	necessary for the mother's care of her child;
3074	3074	(3) the child's parents and any other person having a
3075	3075	duty of support agree to indemnify and hold the department
3076	3076	[commission] harmless from any claims that may be made against the
3077	3077	department [commission] for the child's support, including medical
3078	3078	support; and
3079	3079	(4) the department [commission] determines that the
3080	3080	placement is in the best interest of both the mother and her child.
3081	3081	Sec. 244.009. HEALTH CARE DELIVERY SYSTEM. (a) In
3082	3082	providing medical care, behavioral health care, or rehabilitation
3083	3083	services, the department shall integrate the provision of those
3084	3084	services in an integrated comprehensive delivery system.
3085	3085	(b) The delivery system may be used to deliver any medical,
3086	3086	behavioral health, or rehabilitation services provided to a child
3087	3087	in the custody of the department, including:
3088	3088	(1) health care;
3089	3089	(2) dental care;
3090	3090	(3) behavioral health care;
3091	3091	(4) substance abuse treatment;
3092	3092	(5) nutrition;
3093	3093	(6) programming;
3094	3094	(7) case management; and
3095	3095	(8) general rehabilitation services, including
3096	3096	educational, spiritual, daily living, recreational, and security
3097	3097	services.
3098	3098	Sec. 244.010 [61.0763. RIGHTS OF PARENTS. (a) The
3099	3099	commission, in consultation with advocacy and support groups such
3100	3100	as those described in Section 61.0386(a), shall develop a parent's
3101	3101	bill of rights for distribution to the parent or guardian of a child
3102	3102	who is under 18 years of age and committed to the commission. The
3103	3103	parent's bill of rights must include:
3104	3104	[(1) a description of the commission's grievance
3105	3105	policies and procedures, including contact information for the
3106	3106	office of inspector general and the office of the independent
3107	3107	ombudsman established under Chapter 64;
3108	3108	[(2) a list of possible incidents that require
3109	3109	parental notification;
3110	3110	[(3) policies concerning visits and telephone
3111	3111	conversations with a child committed to the commission;
3112	3112	[(4) a description of commission caseworker
3113	3113	responsibilities;
3114	3114	[(5) a statement that the commission caseworker
3115	3115	assigned to a child may assist the child's parent or guardian in
3116	3116	obtaining information and services from the commission and other
3117	3117	resources concerning:
3118	3118	[(A) counseling, including substance abuse and
3119	3119	mental health counseling;
3120	3120	[(B) assistance programs, including financial
3121	3121	and travel assistance programs for visiting a child committed to
3122	3122	the commission;
3123	3123	[(C) workforce preparedness programs;
3124	3124	[(D) parenting programs; and
3125	3125	[(E) commission seminars; and
3126	3126	[(6) information concerning the indeterminate
3127	3127	sentencing structure at the commission, an explanation of reasons
3128	3128	that a child's commitment at the commission could be extended, and
3129	3129	an explanation of the review process under Sections 61.0815 and
3130	3130	61.0816 for a child committed to the commission without a
3131	3131	determinate sentence.
3132	3132	[(b) Not later than 48 hours after the time a child is
3133	3133	admitted to a commission facility, the commission shall mail to the
3134	3134	child's parent or guardian at the last known address of the parent
3135	3135	or guardian:
3136	3136	[(1) the parent's bill of rights; and
3137	3137	[(2) the contact information of the commission
3138	3138	caseworker assigned to the child.
3139	3139	[(c) The commission shall on a quarterly basis provide to
3140	3140	the parent, guardian, or designated advocate of a child who is in
3141	3141	the custody of the commission a report concerning the progress of
3142	3142	the child at the commission, including:
3143	3143	[(1) the academic and behavioral progress of the
3144	3144	child; and
3145	3145	[(2) the results of any reexamination of the child
3146	3146	conducted under Section 61.072.
3147	3147	[(d) The commission shall ensure that written information
3148	3148	provided to a parent or guardian regarding the rights of a child in
3149	3149	the custody of the commission or the rights of a child's parent or
3150	3150	guardian, including the parent's bill of rights, is clear and easy
3151	3151	to understand.
3152	3152	[Sec. 61.0763. REPORTING CONCERNING RESEARCH PROGRAMS OR
3153	3153	STUDIES. (a) The commission shall keep records relating to
3154	3154	children committed to it that participate in research programs or
3155	3155	studies.
3156	3156	[(b) The records must show, for each calendar quarter and
3157	3157	for each calendar year:
3158	3158	[(1) the number of children participating in research
3159	3159	programs or studies for the appropriate reporting period;
3160	3160	[(2) the type of research program or study in which
3161	3161	each child is participating;
3162	3162	[(3) the name of the principal investigator conducting
3163	3163	the research program or study; and
3164	3164	[(4) the entity sponsoring the research program or
3165	3165	study.
3166	3166	[(c) The commission shall submit a report that contains the
3167	3167	information in the records kept under Subsection (b) on or before
3168	3168	the 15th day after the last day of the appropriate reporting period
3169	3169	to the:
3170	3170	[(1) governor;
3171	3171	[(2) lieutenant governor;
3172	3172	[(3) speaker of the house of representatives; and
3173	3173	[(4) members of the legislature.
3174	3174	[(d) A report submitted under this section is public
3175	3175	information under Chapter 552, Government Code.
3176	3176	[Sec. 61.0764]. DEPARTMENT [COMMISSION] CASEWORKERS. (a)
3177	3177	The department [commission] shall assign a caseworker to a child
3178	3178	committed to the department [commission]. A department
3179	3179	[commission] caseworker shall:
3180	3180	(1) explore family issues and needs with the parent or
3181	3181	guardian of a child committed to the department [commission];
3182	3182	(2) as needed, provide the parent or guardian of a
3183	3183	child committed to the department [commission] with information
3184	3184	concerning programs and services provided by the department
3185	3185	[commission] or another resource; and
3186	3186	(3) perform other duties required by the department
3187	3187	[commission].
3188	3188	(b) A department [commission] caseworker shall:
3189	3189	(1) at least once a month, attempt to contact the
3190	3190	child's parent or guardian by phone, in person while the parent or
3191	3191	guardian is visiting the facility, or, if necessary, by mail;
3192	3192	(2) if unsuccessful in contacting the child's parent
3193	3193	or guardian under Subdivision (1), attempt at least one additional
3194	3194	time each month to contact the child's parent or guardian; and
3195	3195	(3) document successful as well as unsuccessful
3196	3196	attempts to contact the child's parent or guardian.
3197	3197	(c) To the extent practicable, a caseworker or another
3198	3198	facility administrator shall attempt to communicate with a parent
3199	3199	or guardian who does not speak English in the language of choice of
3200	3200	the parent or guardian.
3201	3201	Sec. 244.011 [61.077]. CHILDREN WITH MENTAL ILLNESS OR
3202	3202	MENTAL RETARDATION. (a) The department [commission] shall accept
3203	3203	a child committed to the department [commission] who is mentally
3204	3204	ill or mentally retarded.
3205	3205	(b) Unless a child is committed to the department
3206	3206	[commission] under a determinate sentence under Section
3207	3207	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department
3208	3208	[commission] shall discharge a child who is mentally ill or
3209	3209	mentally retarded from its custody if:
3210	3210	(1) the child has completed the minimum length of stay
3211	3211	for the child's committing offense; and
3212	3212	(2) the department [commission] determines that the
3213	3213	child is unable to progress in the department's [commission's]
3214	3214	rehabilitation programs because of the child's mental illness or
3215	3215	mental retardation.
3216	3216	(c) If a child who is discharged from the department
3217	3217	[commission] under Subsection (b) as a result of mental illness is
3218	3218	not receiving court-ordered mental health services, the child's
3219	3219	discharge is effective on the earlier of:
3220	3220	(1) the date the court enters an order regarding an
3221	3221	application for mental health services filed under Section
3222	3222	244.012(b) [61.0772(b)]; or
3223	3223	(2) the 30th day after the date the application is
3224	3224	filed.
3225	3225	(d) If a child who is discharged from the department
3226	3226	[commission] under Subsection (b) as a result of mental illness is
3227	3227	receiving court-ordered mental health services, the child's
3228	3228	discharge from the department [commission] is effective
3229	3229	immediately. If the child is receiving mental health services
3230	3230	outside the child's home county, the department [commission] shall
3231	3231	notify the mental health authority located in that county of the
3232	3232	discharge not later than the 30th day after the date that the
3233	3233	child's discharge is effective.
3234	3234	(e) If a child who is discharged from the department
3235	3235	[commission] under Subsection (b) as a result of mental retardation
3236	3236	is not receiving mental retardation services, the child's discharge
3237	3237	is effective on the earlier of:
3238	3238	(1) the date the court enters an order regarding an
3239	3239	application for mental retardation services filed under Section
3240	3240	244.012(c) [61.0772(c)]; or
3241	3241	(2) the 30th day after the date that the application is
3242	3242	filed.
3243	3243	(f) If a child who is discharged from the department
3244	3244	[commission] under Subsection (b) as a result of mental retardation
3245	3245	is receiving mental retardation services, the child's discharge
3246	3246	from the department [commission] is effective immediately.
3247	3247	Sec. 244.012 [61.0772]. EXAMINATION BEFORE DISCHARGE.
3248	3248	(a) The department [commission] shall establish a system that
3249	3249	identifies children in the department's [commission's] custody who
3250	3250	are mentally ill or mentally retarded.
3251	3251	(b) Before a child who is identified as mentally ill is
3252	3252	discharged from the department's [commission's] custody under
3253	3253	Section 244.011(b) [61.077(b)], a department [commission]
3254	3254	psychiatrist shall examine the child. The department [commission]
3255	3255	shall refer a child requiring outpatient psychiatric treatment to
3256	3256	the appropriate mental health authority. For a child requiring
3257	3257	inpatient psychiatric treatment, the department [commission] shall
3258	3258	file a sworn application for court-ordered mental health services,
3259	3259	as provided in Subchapter C, Chapter 574, Health and Safety Code,
3260	3260	if:
3261	3261	(1) the child is not receiving court-ordered mental
3262	3262	health services; and
3263	3263	(2) the psychiatrist who examined the child determines
3264	3264	that the child is mentally ill and the child meets at least one of
3265	3265	the criteria listed in Section 574.034, Health and Safety Code.
3266	3266	(c) Before a child who is identified as mentally retarded
3267	3267	under Chapter 593, Health and Safety Code, is discharged from the
3268	3268	department's [commission's] custody under Section 244.011(b)
3269	3269	[61.077(b)], the department [commission] shall refer the child for
3270	3270	mental retardation services if the child is not receiving mental
3271	3271	retardation services.
3272	3272	Sec. 244.013 [61.078]. NOTICE OF PENDING DISCHARGE. As
3273	3273	soon as practicable after the department [commission] makes a
3274	3274	decision to discharge a child or authorize the child's absence from
3275	3275	the department's [its] custody, the department [commission] shall
3276	3276	give notice of the department's [its] decision to the juvenile
3277	3277	court and the office of the prosecuting attorney of the county in
3278	3278	which the adjudication that the child engaged in delinquent conduct
3279	3279	was made.
3280	3280	Sec. 244.014 [61.079]. REFERRAL OF VIOLENT AND HABITUAL
3281	3281	OFFENDERS FOR TRANSFER. (a) After a child sentenced to commitment
3282	3282	under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
3283	3283	becomes 16 years of age but before the child becomes 19 years of
3284	3284	age, the department [commission] may refer the child to the
3285	3285	juvenile court that entered the order of commitment for approval of
3286	3286	the child's transfer to the Texas Department of Criminal Justice
3287	3287	for confinement if:
3288	3288	(1) the child has not completed the sentence; and
3289	3289	(2) the child's conduct, regardless of whether the
3290	3290	child was released under supervision under Section 245.051
3291	3291	[61.081], indicates that the welfare of the community requires the
3292	3292	transfer.
3293	3293	(b) The department [commission] shall cooperate with the
3294	3294	court on any proceeding on the transfer of the child.
3295	3295	(c) If a child is released under supervision, a juvenile
3296	3296	court adjudication that the child engaged in delinquent conduct
3297	3297	constituting a felony offense, a criminal court conviction of the
3298	3298	child for a felony offense, or a determination under Section
3299	3299	244.005(4) [61.075(4)] revoking the child's release under
3300	3300	supervision is required before referral of the child to the
3301	3301	juvenile court under Subsection (a).
3302	3302	Sec. 244.015 [61.0791]. EVALUATION OF CERTAIN CHILDREN
3303	3303	SERVING DETERMINATE SENTENCES. (a) When a child who is sentenced
3304	3304	to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
3305	3305	Family Code, becomes 18 years of age, the department [commission]
3306	3306	shall evaluate whether the child is in need of additional services
3307	3307	that can be completed in the six-month period after the child's 18th
3308	3308	birthday to prepare the child for release from the custody of the
3309	3309	department [commission] or transfer to the Texas Department of
3310	3310	Criminal Justice.
3311	3311	(b) This section does not apply to a child who is released
3312	3312	from the custody of the department [commission] or who is
3313	3313	transferred to the Texas Department of Criminal Justice before the
3314	3314	child's 18th birthday.
3315	3315	[Sections 244.016-244.050 reserved for expansion]
3316	3316	SUBCHAPTER B. PROVISION OF CERTAIN INFORMATION; RIGHTS OF PARENTS
3317	3317	Sec. 244.051. INFORMATION AVAILABLE TO CHILDREN, PARENTS,
3318	3318	AND OTHERS. (a) In the interest of achieving the purpose of the
3319	3319	department and protecting the public, the department may disclose
3320	3320	records and other information concerning a child to the child and
3321	3321	the child's parent or guardian only if disclosure would not
3322	3322	materially harm the treatment and rehabilitation of the child and
3323	3323	would not substantially decrease the likelihood of the department
3324	3324	receiving information from the same or similar sources in the
3325	3325	future. Information concerning a person who is 18 years of age or
3326	3326	older may not be disclosed to the person's parent or guardian
3327	3327	without the person's consent.
3328	3328	(b) The department may disclose information regarding a
3329	3329	child's location and committing court to a person having a
3330	3330	legitimate need for the information.
3331	3331	(c) The department may disclose to a peace officer or law
3332	3332	enforcement agency images of children recorded by an electronic
3333	3333	recording device and incident reporting and investigation
3334	3334	documents containing the names of children if the information is
3335	3335	relevant to the investigation of a criminal offense alleged to have
3336	3336	occurred in a facility operated by or under contract with the
3337	3337	department.
3338	3338	Sec. 244.052. RIGHTS OF PARENTS. (a) The department, in
3339	3339	consultation with advocacy and support groups such as those
3340	3340	described in Section 242.056(a), shall develop a parent's bill of
3341	3341	rights for distribution to the parent or guardian of a child who is
3342	3342	under 18 years of age and committed to the department. The parent's
3343	3343	bill of rights must include:
3344	3344	(1) a description of the department's grievance
3345	3345	policies and procedures, including contact information for the
3346	3346	office of inspector general and the office of the independent
3347	3347	ombudsman established under Chapter 64;
3348	3348	(2) a list of possible incidents that require parental
3349	3349	notification;
3350	3350	(3) policies concerning visits and telephone
3351	3351	conversations with a child committed to the department;
3352	3352	(4) a description of department caseworker
3353	3353	responsibilities;
3354	3354	(5) a statement that the department caseworker
3355	3355	assigned to a child may assist the child's parent or guardian in
3356	3356	obtaining information and services from the department and other
3357	3357	resources concerning:
3358	3358	(A) counseling, including substance abuse and
3359	3359	mental health counseling;
3360	3360	(B) assistance programs, including financial and
3361	3361	travel assistance programs for visiting a child committed to the
3362	3362	department;
3363	3363	(C) workforce preparedness programs;
3364	3364	(D) parenting programs; and
3365	3365	(E) department seminars; and
3366	3366	(6) information concerning the indeterminate
3367	3367	sentencing structure at the department, an explanation of reasons
3368	3368	that a child's commitment at the department could be extended, and
3369	3369	an explanation of the review process under Sections 245.101 and
3370	3370	245.104 for a child committed to the department without a
3371	3371	determinate sentence.
3372	3372	(b) Not later than 48 hours after the time a child is
3373	3373	admitted to a department facility, the department shall mail to the
3374	3374	child's parent or guardian at the last known address of the parent
3375	3375	or guardian:
3376	3376	(1) the parent's bill of rights; and
3377	3377	(2) the contact information of the department
3378	3378	caseworker assigned to the child.
3379	3379	(c) The department shall on a quarterly basis provide to the
3380	3380	parent, guardian, or designated advocate of a child who is in the
3381	3381	custody of the department a report concerning the progress of the
3382	3382	child at the department, including:
3383	3383	(1) the academic and behavioral progress of the child;
3384	3384	and
3385	3385	(2) the results of any reexamination of the child
3386	3386	conducted under Section 244.002.
3387	3387	(d) The department shall ensure that written information
3388	3388	provided to a parent or guardian regarding the rights of a child in
3389	3389	the custody of the department or the rights of a child's parent or
3390	3390	guardian, including the parent's bill of rights, is clear and easy
3391	3391	to understand.
3392	3392	CHAPTER 245 [SUBCHAPTER F]. RELEASE
3393	3393	SUBCHAPTER A. GENERAL PROVISIONS
3394	3394	Sec. 245.001. PAROLE OFFICERS; PAROLE MANAGEMENT. (a) The
3395	3395	department may employ parole officers to investigate, place,
3396	3396	supervise, and direct the activities of a parolee to ensure the
3397	3397	parolee's adjustment to society in accordance with the rules
3398	3398	adopted by the department.
3399	3399	(b) Parole officers may work with local organizations,
3400	3400	clubs, and agencies to formulate plans and procedures for the
3401	3401	prevention of juvenile delinquency.
3402	3402	(c) The department shall develop a management system for
3403	3403	parole services that objectively measures and provides for:
3404	3404	(1) the systematic examination of children's needs and
3405	3405	the development of treatment plans to address those needs;
3406	3406	(2) the evaluation of homes, foster homes, and public
3407	3407	and private institutions as constructive parole placements;
3408	3408	(3) the classification of children based on the level
3409	3409	of children's needs and the degree of risk presented to the public;
3410	3410	(4) the objective measurement of parole officer
3411	3411	workloads; and
3412	3412	(5) the gathering and analysis of information related
3413	3413	to the effectiveness of parole services and to future parole
3414	3414	requirements.
3415	3415	Sec. 245.002. REENTRY AND REINTEGRATION PLAN. (a) The
3416	3416	department shall develop a reentry and reintegration plan for each
3417	3417	child committed to the custody of the department. The plan for a
3418	3418	child must be designed to ensure that the child receives an
3419	3419	extensive continuity of care in services from the time the child is
3420	3420	committed to the department to the time of the child's final
3421	3421	discharge from the department. The plan for a child must include,
3422	3422	as applicable:
3423	3423	(1) housing assistance;
3424	3424	(2) a step-down program, such as placement in a
3425	3425	halfway house;
3426	3426	(3) family counseling;
3427	3427	(4) academic and vocational mentoring;
3428	3428	(5) trauma counseling for a child who is a victim of
3429	3429	abuse while in the custody of the department; and
3430	3430	(6) other specialized treatment services appropriate
3431	3431	for the child.
3432	3432	(b) If a program or service in the child's reentry and
3433	3433	reintegration plan is not available at the time the child is to be
3434	3434	released, the department shall find a suitable alternative program
3435	3435	or service so that the child's release is not postponed.
3436	3436	Sec. 245.003. CONTRACTS WITH COUNTIES. (a) The department
3437	3437	may make a contract with a county to use the services of the
3438	3438	county's juvenile probation department for the supervision of
3439	3439	children within the county who are on furlough from a department
3440	3440	facility or who are released under supervision from a department
3441	3441	facility.
3442	3442	(b) Payments under a contract described by Subsection (a)
3443	3443	shall be made to the county treasurer on a quarterly schedule.
3444	3444	(c) The department may not pay a county for supervision of a
3445	3445	child for any time after the child:
3446	3446	(1) is discharged from the department's custody;
3447	3447	(2) is returned to a department facility; or
3448	3448	(3) transfers the child's residence to another county
3449	3449	or state.
3450	3450	(d) A county that has a contract with the department must
3451	3451	report to the department on the status and progress of each child
3452	3452	for whom the county is receiving payments. The reports shall be
3453	3453	made at the time and in the manner specified by the contract.
3454	3454	[Sections 245.004-245.050 reserved for expansion]
3455	3455	SUBCHAPTER B. AUTHORITY TO RELEASE; RESUMPTION OF CARE
3456	3456	Sec. 245.051 [61.081]. RELEASE UNDER SUPERVISION. (a) The
3457	3457	department [commission] may release under supervision any child in
3458	3458	the department's [its] custody and place the child in the child's
3459	3459	[his or her] home or in any situation or family approved by the
3460	3460	department [commission]. Prior to placing a child in the child's
3461	3461	[his or her] home, the department [commission] shall evaluate the
3462	3462	home setting to determine the level of supervision and quality of
3463	3463	care that is available in the home.
3464	3464	(b) [Subject to legislative appropriation, the commission
3465	3465	may employ parole officers to investigate, place, supervise, and
3466	3466	direct the activities of a parolee to ensure the parolee's
3467	3467	adjustment to society in accordance with the rules adopted by the
3468	3468	commission.
3469	3469	[(c) Parole officers may work with local organizations,
3470	3470	clubs, and agencies to formulate plans and procedures for the
3471	3471	prevention of juvenile delinquency.
3472	3472	[(d) The commission may resume the care and custody of any
3473	3473	child released under supervision at any time before the final
3474	3474	discharge of the child.
3475	3475	[(e)] Not later than 10 days before the day the department
3476	3476	[commission] releases a child under this section, the department
3477	3477	[commission] shall give notice of the release to the juvenile court
3478	3478	and the office of the prosecuting attorney of the county in which
3479	3479	the adjudication that the child engaged in delinquent conduct was
3480	3480	made.
3481	3481	(c) [(f)] If a child is committed to the department
3482	3482	[commission] under a determinate sentence under Section
3483	3483	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
3484	3484	the department [commission] may not release the child under
3485	3485	supervision without approval of the juvenile court that entered the
3486	3486	order of commitment unless the child has served at least:
3487	3487	(1) 10 years, if the child was sentenced to commitment
3488	3488	for conduct constituting capital murder;
3489	3489	(2) 3 years, if the child was sentenced to commitment
3490	3490	for conduct constituting an aggravated controlled substance felony
3491	3491	or a felony of the first degree;
3492	3492	(3) 2 years, if the child was sentenced to commitment
3493	3493	for conduct constituting a felony of the second degree; or
3494	3494	(4) 1 year, if the child was sentenced to commitment
3495	3495	for conduct constituting a felony of the third degree.
3496	3496	(d) [(g)] The department [commission] may request the
3497	3497	approval of the court under this section at any time.
3498	3498	(e) The department may resume the care and custody of any
3499	3499	child released under supervision at any time before the final
3500	3500	discharge of the child.
3501	3501	(f) [(h)] If the department [commission] finds that a child
3502	3502	has violated an order under which the child is released under
3503	3503	supervision, on notice by any reasonable method to all persons
3504	3504	affected, the department [commission] may order the child:
3505	3505	(1) to return to an institution;
3506	3506	(2) if the violation resulted in property damage or
3507	3507	personal injury:
3508	3508	(A) to make full or partial restitution to the
3509	3509	victim of the offense; or
3510	3510	(B) if the child is financially unable to make
3511	3511	full or partial restitution, to perform services for a charitable
3512	3512	or educational institution; or
3513	3513	(3) to comply with any other conditions the department
3514	3514	[commission] considers appropriate.
3515	3515	(g) [(i)] Notwithstanding Subsection (c) [(f)], if a child
3516	3516	is committed to the department [commission] under a determinate
3517	3517	sentence under Section 54.04(d)(3), Section 54.04(m), or Section
3518	3518	54.05(f), Family Code, the department [commission] may release the
3519	3519	child under supervision without approval of the juvenile court that
3520	3520	entered the order of commitment if not more than nine months remain
3521	3521	before the child's discharge under Section 245.151(b) [61.084(b)].
3522	3522	Sec. 245.052 [61.0811. PAROLE MANAGEMENT. The commission
3523	3523	shall develop a management system for parole services that
3524	3524	objectively measures and provides for:
3525	3525	[(1) the systematic examination of children's needs
3526	3526	and the development of treatment plans to address those needs;
3527	3527	[(2) the evaluation of homes, foster homes, and public
3528	3528	and private institutions as constructive parole placements;
3529	3529	[(3) the classification of children based on the level
3530	3530	of children's needs and the degree of risk presented to the public;
3531	3531	[(4) the objective measurement of parole officer
3532	3532	workloads; and
3533	3533	[(5) the gathering and analysis of information related
3534	3534	to the effectiveness of parole services and to future parole
3535	3535	requirements.
3536	3536	[Sec. 61.0812]. SUBSTANCE ABUSE TREATMENT [FOR SUBSTANCE
3537	3537	ABUSE]. Subject to an express appropriation to fund the treatment
3538	3538	programs required by this section, the department [commission] may
3539	3539	not release a child under supervision or parole a child if:
3540	3540	(1) the child has a substance abuse problem, including
3541	3541	the use of a controlled substance, hazardous inhalable substances,
3542	3542	or alcohol habitually; and
3543	3543	(2) the child has not completed a treatment program
3544	3544	for the problem.
3545	3545	Sec. 245.053 [61.0813]. SEX OFFENDER COUNSELING AND
3546	3546	TREATMENT. (a) Before releasing a child described by Subsection
3547	3547	(b) under supervision, the department [commission]:
3548	3548	(1) may require as a condition of release that the
3549	3549	child:
3550	3550	(A) attend psychological counseling sessions for
3551	3551	sex offenders as provided by Subsection (e); and
3552	3552	(B) submit to a polygraph examination as provided
3553	3553	by Subsection (f) for purposes of evaluating the child's treatment
3554	3554	progress; and
3555	3555	(2) shall require as a condition of release that the
3556	3556	child:
3557	3557	(A) register under Chapter 62, Code of Criminal
3558	3558	Procedure; and
3559	3559	(B) submit a blood sample or other specimen to
3560	3560	the Department of Public Safety under Subchapter G, Chapter 411,
3561	3561	Government Code, for the purpose of creating a DNA record of the
3562	3562	child, unless the child has already submitted the required specimen
3563	3563	under other state law.
3564	3564	(b) This section applies to a child adjudicated for engaging
3565	3565	in delinquent conduct constituting an offense for which the child
3566	3566	is required to register as a sex offender under Chapter 62, Code of
3567	3567	Criminal Procedure.
3568	3568	(c) Psychological counseling required as a condition of
3569	3569	release under Subsection (a) must be with an individual or
3570	3570	organization that:
3571	3571	(1) provides sex offender treatment or counseling;
3572	3572	(2) is specified by the department [commission]; and
3573	3573	(3) meets minimum standards of counseling established
3574	3574	by the department [commission].
3575	3575	(d) A polygraph examination required as a condition of
3576	3576	release under Subsection (a) must be administered by an individual
3577	3577	who is:
3578	3578	(1) specified by the department [commission]; and
3579	3579	(2) licensed as a polygraph examiner under Chapter
3580	3580	1703, Occupations Code.
3581	3581	(e) In addition to specifying a sex offender treatment
3582	3582	provider to provide counseling to a child described by Subsection
3583	3583	(b), the department [commission] shall:
3584	3584	(1) establish with the cooperation of the treatment
3585	3585	provider the date, time, and place of the first counseling session
3586	3586	between the child and the treatment provider;
3587	3587	(2) notify the child and the treatment provider before
3588	3588	the release of the child of the date, time, and place of the first
3589	3589	counseling session between the child and the treatment provider;
3590	3590	and
3591	3591	(3) require the treatment provider to notify the
3592	3592	department [commission] immediately if the child fails to attend
3593	3593	any scheduled counseling session.
3594	3594	(f) If the department [commission] specifies a polygraph
3595	3595	examiner under Subsection (d) to administer a polygraph examination
3596	3596	to a child, the department [commission] shall arrange for a
3597	3597	polygraph examination to be administered to the child:
3598	3598	(1) not later than the 60th day after the date the
3599	3599	child attends the first counseling session established under
3600	3600	Subsection (e); and
3601	3601	(2) after the initial polygraph examination, as
3602	3602	required by Subdivision (1), on the request of the treatment
3603	3603	provider specified under Subsection (c).
3604	3604	(g) If the department [commission] requires as a condition
3605	3605	of release that a child attend psychological counseling under
3606	3606	Subsection (a), the department [commission] shall notify the court
3607	3607	that committed the child to the department [commission]. After
3608	3608	receiving notification from the department [commission] under this
3609	3609	subsection, the court may order the parent or guardian of the child
3610	3610	to:
3611	3611	(1) attend four sessions of instruction with an
3612	3612	individual or organization specified by the department
3613	3613	[commission] relating to:
3614	3614	(A) sexual offenses;
3615	3615	(B) family communication skills;
3616	3616	(C) sex offender treatment;
3617	3617	(D) victims' rights;
3618	3618	(E) parental supervision; and
3619	3619	(F) appropriate sexual behavior; and
3620	3620	(2) during the time the child attends psychological
3621	3621	counseling, participate in monthly treatment groups conducted by
3622	3622	the child's treatment provider relating to the child's
3623	3623	psychological counseling.
3624	3624	(h) A court that orders a parent or guardian of a child to
3625	3625	attend instructional sessions and participate in treatment groups
3626	3626	under Subsection (g) shall require:
3627	3627	(1) the individual or organization specified by the
3628	3628	department [commission] under Subsection (g) to notify the court
3629	3629	immediately if the parent or guardian fails to attend any scheduled
3630	3630	instructional session; and
3631	3631	(2) the child's treatment provider specified under
3632	3632	Subsection (c) to notify the court immediately if the parent or
3633	3633	guardian fails to attend a session in which the parent or guardian
3634	3634	is required to participate in a scheduled treatment group.
3635	3635	(i) If the department [commission] requires as a condition
3636	3636	of release that a child attend psychological counseling under
3637	3637	Subsection (a), the department [commission] may, before the date
3638	3638	the period of release ends, petition the appropriate court to
3639	3639	request the court to extend the period of release for an additional
3640	3640	period necessary to complete the required counseling as determined
3641	3641	by the treatment provider, except that the release period may not be
3642	3642	extended to a date after the date of the child's 18th birthday.
3643	3643	Sec. 245.054. INFORMATION PROVIDED TO COURT BEFORE RELEASE.
3644	3644	(a) In addition to providing the court with notice of release of a
3645	3645	child under Section 245.051(b), not later than the 90th day before
3646	3646	the date the department releases the child, the department shall
3647	3647	provide the court that committed the child to the department:
3648	3648	(1) a copy of the child's reentry and reintegration
3649	3649	plan developed under Section 245.002; and
3650	3650	(2) a report concerning the progress the child has
3651	3651	made while committed to the department.
3652	3652	(b) If, on release, the department places a child in a
3653	3653	county other than the county served by the court that committed the
3654	3654	child to the department, the department shall provide the
3655	3655	information described by Subsection (a) to both the committing
3656	3656	court and the juvenile court in the county where the child is placed
3657	3657	after release.
3658	3658	[Sections 245.055-245.100 reserved for expansion]
3659	3659	SUBCHAPTER C. MINIMUM LENGTH OF STAY; EXTENSION ORDERS
3660	3660	Sec. 245.101 [61.0814. REENTRY AND REINTEGRATION PLAN. (a)
3661	3661	The commission shall develop a reentry and reintegration plan for
3662	3662	each child committed to the custody of the commission. The plan for
3663	3663	a child must be designed to ensure that the child receives an
3664	3664	extensive continuity of care in services from the time the child is
3665	3665	committed to the commission to the time of the child's final
3666	3666	discharge from the commission. The plan for a child must include,
3667	3667	as applicable:
3668	3668	[(1) housing assistance;
3669	3669	[(2) a step-down program, such as placement in a
3670	3670	halfway house;
3671	3671	[(3) family counseling;
3672	3672	[(4) academic and vocational mentoring;
3673	3673	[(5) trauma counseling for a child who is a victim of
3674	3674	abuse while in the custody of the commission; and
3675	3675	[(6) other specialized treatment services appropriate
3676	3676	for the child.
3677	3677	[(b) If a program or service in the child's reentry and
3678	3678	reintegration plan is not available at the time the child is to be
3679	3679	released, the commission shall find a suitable alternative program
3680	3680	or service so that the child's release is not postponed.
3681	3681	[Sec. 61.0815]. COMPLETION OF MINIMUM LENGTH OF STAY;
3682	3682	PANEL. (a) After a child who is committed to the department
3683	3683	[commission] without a determinate sentence completes the minimum
3684	3684	length of stay established by the department [commission] for the
3685	3685	child under Section 243.002 [61.062], the department [commission]
3686	3686	shall, in the manner provided by this section:
3687	3687	(1) discharge the child from the custody of the
3688	3688	department [commission];
3689	3689	(2) release the child under supervision under Section
3690	3690	245.051 [61.081]; or
3691	3691	(3) extend the length of the child's stay in the
3692	3692	custody of the department [commission].
3693	3693	(b) The department [commission] by rule shall establish a
3694	3694	panel whose function is to review and determine whether a child who
3695	3695	has completed the child's minimum length of stay should be
3696	3696	discharged from the custody of the department [commission] as
3697	3697	provided by Subsection (a)(1), be released under supervision under
3698	3698	Section 245.051 [61.081] as provided by Subsection (a)(2), or
3699	3699	remain in the custody of the department [commission] for an
3700	3700	additional period of time as provided by Subsection (a)(3).
3701	3701	(c) The executive director [commissioner] shall determine
3702	3702	the size of the panel described by Subsection (b) and the length of
3703	3703	the members' terms of service on the panel. The panel must consist
3704	3704	of an odd number of members and the terms of the panel's members
3705	3705	must last for at least two years. The executive director
3706	3706	[commissioner] shall adopt policies that ensure the transparency,
3707	3707	consistency, and objectivity of the panel's composition,
3708	3708	procedures, and decisions. The executive director [commissioner]
3709	3709	shall appoint persons to serve as members of the panel. A person
3710	3710	appointed to the panel must be a department [commission] employee
3711	3711	who works at the department's [commission's] central office. A
3712	3712	member of the panel may not be involved in any supervisory decisions
3713	3713	concerning children in the custody of the department [commission].
3714	3714	Sec. 245.102. EXTENSION ORDER. (a) A [(d) The] panel may
3715	3715	extend the length of the child's stay as provided by Section
3716	3716	245.101(a)(3) [Subsection (a)(3)] only if the panel determines by
3717	3717	majority vote and on the basis of clear and convincing evidence
3718	3718	that:
3719	3719	(1) the child is in need of additional rehabilitation
3720	3720	from the department; [commission] and
3721	3721	(2) [that] the department [commission] will provide
3722	3722	the most suitable environment for that rehabilitation.
3723	3723	(b) In extending the length of a child's stay, the panel
3724	3724	must specify the additional period of time that the child is to
3725	3725	remain in the custody of the department [commission] and must
3726	3726	conduct an additional review and determination as provided by this
3727	3727	section on the child's completion of the additional term of stay.
3728	3728	(c) If the panel determines that the child's length of stay
3729	3729	should not be extended, the department [commission] must discharge
3730	3730	the child from the custody of the department [commission] as
3731	3731	provided by Section 245.101(a)(1) [Subsection (a)(1)] or release
3732	3732	the child under supervision under Section 245.051 [Section 61.081]
3733	3733	as provided by Section 245.101(a)(2) [Subsection (a)(2)].
3734	3734	Sec. 245.103. STATISTICS AND REPORTS CONCERNING EXTENSION
3735	3735	ORDERS. (a) [(e)] The department [commission] shall maintain
3736	3736	statistics of the number of extensions granted by a [the] panel
3737	3737	under Section 245.102. The statistics must include aggregated
3738	3738	information concerning:
3739	3739	(1) the race, age, sex, specialized treatment needs,
3740	3740	and county of origin for each child for whom an extension order is
3741	3741	requested;
3742	3742	(2) the facility in which the child is confined; and
3743	3743	(3) if applicable, any allegations concerning the
3744	3744	abuse, mistreatment, or neglect of the child, aggregated by the
3745	3745	type of misconduct to which the child was subjected.
3746	3746	(b) [(f)] To the extent authorized under law, the
3747	3747	statistics maintained under Subsection (a) [(e)] are public
3748	3748	information under Chapter 552, Government Code, and the department
3749	3749	[commission] shall post the statistics on the department's
3750	3750	[commission's] Internet website.
3751	3751	(c) The department [commission] shall prepare and deliver
3752	3752	to the standing committees of the senate and house of
3753	3753	representatives with primary jurisdiction over matters concerning
3754	3754	correctional facilities a report concerning the statistics
3755	3755	maintained under Subsection (a) [(e)].
3756	3756	(d) [(g)] The department [commission] shall provide a
3757	3757	report to the parent, guardian, or designated advocate of a child
3758	3758	whose length of stay is extended under this section explaining the
3759	3759	panel's reason for the extension.
3760	3760	Sec. 245.104 [61.0816]. REQUEST FOR RECONSIDERATION OF
3761	3761	EXTENSION ORDER. (a) The department [commission] by rule shall
3762	3762	establish a process to request the reconsideration of an extension
3763	3763	order issued by a [the] panel [established] under Section 245.102
3764	3764	[61.0815].
3765	3765	(b) The process to request reconsideration must provide
3766	3766	that:
3767	3767	(1) a child, a parent, guardian, or designated
3768	3768	advocate of a child, an employee of the department [commission], or
3769	3769	a person who provides volunteer services at a department
3770	3770	[commission] facility may submit a request for reconsideration of
3771	3771	an extension order;
3772	3772	(2) the person submitting the request for
3773	3773	reconsideration of an extension order must state in the request the
3774	3774	reason for the request;
3775	3775	(3) after receiving a request for reconsideration of
3776	3776	an extension order, the panel shall reconsider an extension order
3777	3777	that:
3778	3778	(A) extends the child's stay in the custody of
3779	3779	the department [commission] by six months or more; or
3780	3780	(B) combined with previous extension orders will
3781	3781	result in an extension of the child's stay in the custody of the
3782	3782	department [commission] by six months or more;
3783	3783	(4) the panel's reconsideration of an extension order
3784	3784	includes consideration of the information submitted in the request;
3785	3785	and
3786	3786	(5) the panel shall send a written reply to the child,
3787	3787	the parent, guardian, or designated advocate of the child, and the
3788	3788	person who made the request for reconsideration of an extension
3789	3789	order that includes an explanation of the panel's decision after
3790	3790	reconsidering the extension order, including an indication that the
3791	3791	panel has considered the information submitted in the request.
3792	3792	(c) The department [commission] shall create a form for a
3793	3793	request for reconsideration of an extension order that is clear and
3794	3794	easy to understand. The department [commission] shall ensure that
3795	3795	a child may request assistance in completing a request for
3796	3796	reconsideration of an extension order.
3797	3797	Sec. 245.105. STATISTICS AND REPORTS CONCERNING
3798	3798	RECONSIDERATIONS OF EXTENSION ORDERS. (a) [(d)] The department
3799	3799	[commission] shall maintain statistics of the number of requests
3800	3800	for reconsideration of an extension order that are submitted under
3801	3801	Section 245.104 and the action taken on reconsideration of the
3802	3802	extension order. The statistics must include aggregated
3803	3803	information concerning:
3804	3804	(1) the race, age, sex, specialized treatment needs,
3805	3805	and county of origin for each child for whom a request for
3806	3806	reconsideration of an extension order is submitted;
3807	3807	(2) whether a request for reconsideration of an
3808	3808	extension order results in:
3809	3809	(A) a discharge or release under supervision; or
3810	3810	(B) the original extension order being upheld;
3811	3811	(3) the facility in which the child is confined; and
3812	3812	(4) if applicable, any allegations concerning the
3813	3813	abuse, mistreatment, or neglect of the child, aggregated by the
3814	3814	type of misconduct to which the child was subjected.
3815	3815	(b) [(e)] To the extent authorized under law, the
3816	3816	statistics maintained under Subsection (a) [(d)] are public
3817	3817	information under Chapter 552, Government Code, and the department
3818	3818	[commission] shall post the statistics on the department's
3819	3819	[commission's] Internet website.
3820	3820	(c) The department [commission] shall prepare and deliver
3821	3821	to the standing committees of the senate and house of
3822	3822	representatives with primary jurisdiction over matters concerning
3823	3823	correctional facilities a report concerning the statistics
3824	3824	maintained under Subsection (a) [(d)].
3825	3825	Sec. 245.106 [61.082]. TRANSPORTATION, CLOTHING, MONEY.
3826	3826	The department [commission] shall ensure that each child it
3827	3827	releases under supervision has:
3828	3828	(1) suitable clothing;
3829	3829	(2) [,] transportation to his or her home or to the
3830	3830	county in which a suitable home or employment has been found; [,]
3831	3831	and
3832	3832	(3) money in an amount authorized by the rules of the
3833	3833	department [commission].
3834	3834	[Sections 245.107-245.150 reserved for expansion]
3835	3835	SUBCHAPTER D. TERMINATION OF CONTROL
3836	3836	Sec. 245.151 [61.083. CONTRACTS WITH COUNTIES. (a) The
3837	3837	commission may make a contract with a county to use the services of
3838	3838	the county's juvenile probation department for the supervision of
3839	3839	children within the county who are on furlough from a commission
3840	3840	facility or who are released under supervision from a commission
3841	3841	facility.
3842	3842	[(b) The payments shall be made to the county treasurer on a
3843	3843	quarterly schedule.
3844	3844	[(c) The commission may not pay a county for supervision of
3845	3845	a child for any time after the child:
3846	3846	[(1) is discharged from the commission's custody;
3847	3847	[(2) is returned to a commission facility; or
3848	3848	[(3) transfers his or her residence to another county
3849	3849	or state.
3850	3850	[(d) A county that has a contract with the commission must
3851	3851	report to the commission on the status and progress of each child
3852	3852	for whom the county is receiving payments. The reports shall be
3853	3853	made at the time and in the manner specified by the contract.
3854	3854	[Sec. 61.084]. TERMINATION OF CONTROL. (a) Except as
3855	3855	provided by Subsections (b) and (c), if a person is committed to the
3856	3856	department [commission] under a determinate sentence under Section
3857	3857	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
3858	3858	the department [commission] may not discharge the person from its
3859	3859	custody.
3860	3860	(b) The department [commission] shall discharge without a
3861	3861	court hearing a person committed to the department [it] for a
3862	3862	determinate sentence under Section 54.04(d)(3), Section 54.04(m),
3863	3863	or Section 54.05(f), Family Code, who has not been transferred to
3864	3864	the [institutional division of the] Texas Department of Criminal
3865	3865	Justice under a court order on the date that the time spent by the
3866	3866	person in detention in connection with the committing case plus the
3867	3867	time spent at the department [Texas Youth Commission] under the
3868	3868	order of commitment equals the period of the sentence.
3869	3869	(c) The department [commission] shall transfer to the
3870	3870	[institutional division of the] Texas Department of Criminal
3871	3871	Justice a person who is the subject of an order under Section
3872	3872	54.11(i)(2), Family Code, transferring the person to the custody of
3873	3873	[the institutional division of] the Texas Department of Criminal
3874	3874	Justice for the completion of the person's sentence.
3875	3875	(d) [(e)] Except as provided by Subsection (e) [(g)], the
3876	3876	department [commission] shall discharge from its custody a person
3877	3877	not already discharged on the person's 19th birthday.
3878	3878	(e) [(g)] The department [commission] shall transfer a
3879	3879	person who has been sentenced under a determinate sentence to
3880	3880	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
3881	3881	Family Code, or who has been returned to the department
3882	3882	[commission] under Section 54.11(i)(1), Family Code, to the custody
3883	3883	of the Texas Department of Criminal Justice on the person's 19th
3884	3884	birthday, if the person has not already been discharged or
3885	3885	transferred, to serve the remainder of the person's sentence on
3886	3886	parole as provided by Section 508.156, Government Code.
3887	3887	Sec. 245.152 [61.0841]. DETERMINATE SENTENCE PAROLE. (a)
3888	3888	Not later than the 90th day before the date the department
3889	3889	[commission] transfers a person to the custody of the Texas
3890	3890	Department of Criminal Justice for release on parole under Section
3891	3891	245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], the department
3892	3892	[commission] shall submit to the Texas Department of Criminal
3893	3893	Justice [department] all pertinent information relating to the
3894	3894	person, including:
3895	3895	(1) the juvenile court judgment;
3896	3896	(2) the circumstances of the person's offense;
3897	3897	(3) the person's previous social history and juvenile
3898	3898	court records;
3899	3899	(4) the person's physical and mental health record;
3900	3900	(5) a record of the person's conduct, employment
3901	3901	history, and attitude while committed to the department
3902	3902	[commission];
3903	3903	(6) a record of the sentence time served by the person
3904	3904	at the department [commission] and in a juvenile detention facility
3905	3905	in connection with the conduct for which the person was
3906	3906	adjudicated; and
3907	3907	(7) any written comments or information provided by
3908	3908	the department [commission], local officials, family members of the
3909	3909	person, victims of the offense, or the general public.
3910	3910	(b) The department [commission] shall provide instruction
3911	3911	for parole officers of the parole [pardons and paroles] division
3912	3912	relating to juvenile programs at the department [commission]. The
3913	3913	department [commission] and the pardons and paroles division shall
3914	3914	enter into a memorandum of understanding relating to the
3915	3915	administration of this subsection.
3916	3916	(c) The Texas Department of Criminal Justice shall grant
3917	3917	credit for sentence time served by a person at the department
3918	3918	[commission] and in a juvenile detention facility, as recorded by
3919	3919	the department [commission] under Subsection (a)(6), in computing
3920	3920	the person's eligibility for parole and discharge from the
3921	3921	department.
3922	3922	SECTION 1.008. Subchapters H and I, Chapter 61, Human
3923	3923	Resources Code, are transferred to Subtitle C, Title 12, Human
3924	3924	Resources Code, as added by this Act, redesignated as Chapter 246,
3925	3925	and amended to read as follows:
3926	3926	CHAPTER 246. MISCELLANEOUS PROGRAMS
3927	3927	SUBCHAPTER A [H]. YOUTH BOOT CAMP PROGRAMS
3928	3928	Sec. 246.001 [61.101]. YOUTH BOOT CAMP PROGRAMS. (a) The
3929	3929	department [commission] may establish a youth boot camp program and
3930	3930	may employ necessary personnel to operate the youth boot camps.
3931	3931	(b) The department [commission, in consultation with the
3932	3932	Texas Juvenile Probation Commission,] shall develop guidelines for
3933	3933	a program of physical and correctional training and military-style
3934	3934	discipline for children placed in youth boot camps operated by
3935	3935	local probation departments for violating the conditions of release
3936	3936	under supervision or parole under Chapter 245 [Section 61.081].
3937	3937	(c) The department [commission] shall develop a program of
3938	3938	physical and correctional training and military-style discipline
3939	3939	for children committed to the department [commission] who are
3940	3940	placed in youth boot camps or other department [commission]
3941	3941	facilities.
3942	3942	(d) The department [commission] shall adopt rules of
3943	3943	conduct for children participating in the program under this
3944	3944	section.
3945	3945	SUBCHAPTER B [I]. INDUSTRIES PROGRAM
3946	3946	Sec. 246.051 [61.121]. PURPOSE; IMPLEMENTATION. The
3947	3947	purposes of the department [commission] industries program are:
3948	3948	(1) to provide adequate employment and vocational
3949	3949	training for children; and
3950	3950	(2) to develop and expand public and private
3951	3951	department [commission] industries.
3952	3952	Sec. 246.052 [61.122]. ADVISORY COMMITTEE. (a) A
3953	3953	department [commission] industries advisory committee is created
3954	3954	consisting of nine members appointed by the department
3955	3955	[commission].
3956	3956	(b) Members serve staggered three-year terms, with the
3957	3957	terms of three members expiring February 1 of each odd-numbered
3958	3958	year.
3959	3959	(c) In making appointments under this section, the
3960	3960	department [commission] shall endeavor to include representatives
3961	3961	of industries appropriate for hiring children committed to the
3962	3962	department [commission].
3963	3963	Sec. 246.053 [61.123]. PAY AND DISTRIBUTION OF PAY. The
3964	3964	department [commission] shall apportion wages earned by a child
3965	3965	working under the industries program in amounts determined at the
3966	3966	discretion of the department [commission], in the following
3967	3967	priority:
3968	3968	(1) a person to whom the child has been ordered by a
3969	3969	court or to whom the child has agreed to pay restitution;
3970	3970	(2) a person to whom the child has been ordered by a
3971	3971	court to pay child support;
3972	3972	(3) the compensation to victims of crime fund or the
3973	3973	compensation to victims of crime auxiliary fund; and
3974	3974	(4) the child's student account.
3975	3975	Sec. 246.054 [61.124]. INDUSTRIES FUND. (a) A Texas
3976	3976	Juvenile Justice Department [Youth Commission] industries program
3977	3977	fund is created in the state treasury.
3978	3978	(b) Proceeds from the operation of the industries program
3979	3979	shall be deposited in the fund.
3980	3980	(c) Money from the fund may be appropriated only for use by
3981	3981	the department [commission] for the administration of this
3982	3982	subchapter.
3983	3983	[(d) Sections 403.094 and 403.095, Government Code, do not
3984	3984	apply to the fund.]
3985	3985	Sec. 246.055 [61.125]. CONTRACTS. To encourage the
3986	3986	development and expansion of the industries program, the department
3987	3987	[commission] may enter into necessary contracts related to the
3988	3988	program.
3989	3989	Sec. 246.056 [61.126]. DONATIONS. The industries program
3990	3990	may be financed through contributions donated for this purpose by
3991	3991	private businesses contracting with the department [commission].
3992	3992	Sec. 246.057 [61.127]. GRANTS. (a) The department
3993	3993	[commission] may accept a grant for the vocational rehabilitation
3994	3994	of children.
3995	3995	(b) The department [commission] shall maintain a record of
3996	3996	the receipt and disbursement of a grant and shall annually report to
3997	3997	the lieutenant governor and the speaker of the house of
3998	3998	representatives on the administration of grant funds.
3999	3999	Sec. 246.058 [61.128]. LEASE OF LAND. (a) The department
4000	4000	[commission] may lease land owned by the department [commission] to
4001	4001	a private business to expand and develop the industries program.
4002	4002	(b) The term of the lease may not exceed 20 years.
4003	4003	(c) The business must lease the land at fair market value.
4004	4004	(d) The business may construct a new facility on the land or
4005	4005	convert an existing facility.
4006	4006	Sec. 246.059 [Sec. 61.129. CERTIFICATION FOR FRANCHISE
4007	4007	CREDIT. The commission shall prepare and issue a certification
4008	4008	that a corporation requires for the franchise tax credit for wages
4009	4009	paid as provided by Subchapter M, Chapter 171, Tax Code.
4010	4010	[Sec. 61.130]. OPTIONAL AD VALOREM TAX ABATEMENT. (a) A
4011	4011	business contracting with the department [commission] may enter
4012	4012	into an ad valorem tax abatement agreement under Subchapters B and
4013	4013	C, Chapter 312, Tax Code, with the governing body of the
4014	4014	municipality and county in which the business is located.
4015	4015	(b) If an area in which businesses contracting with the
4016	4016	department [commission] under this subchapter is designated as a
4017	4017	reinvestment zone under Chapter 312, Tax Code, the area satisfies
4018	4018	Section 312.202(a)(6), Tax Code, in that the area would be
4019	4019	reasonably likely as a result of the designation to contribute to
4020	4020	the retention or expansion of primary employment or to attract
4021	4021	major investment in the zone that would be a benefit to the property
4022	4022	and that would contribute to the economic development of the entity
4023	4023	designating the area as a reinvestment zone.
4024	4024	SECTION 1.009. Title 12, Human Resources Code, as added by
4025	4025	this Act, is amended by adding Subtitle D with a heading to read as
4026	4026	follows:
4027	4027	SUBTITLE D. INDEPENDENT OMBUDSMAN
4028	4028	SECTION 1.010. Chapter 64, Human Resources Code, is
4029	4029	transferred to Subtitle D, Title 12, Human Resources Code, as added
4030	4030	by this Act, redesignated as Chapter 261, and amended to read as
4031	4031	follows:
4032	4032	CHAPTER 261 [64]. [OFFICE OF] INDEPENDENT OMBUDSMAN
4033	4033	[OF THE TEXAS YOUTH COMMISSION]
4034	4034	SUBCHAPTER A. GENERAL PROVISIONS
4035	4035	Sec. 261.001 [64.001]. DEFINITIONS. In this chapter:
4036	4036	(1) ["Commission" means the Texas Youth Commission.
4037	4037	[(2)] "Independent ombudsman" means the individual
4038	4038	who has been appointed under this chapter to the office of
4039	4039	independent ombudsman.
4040	4040	(2) [(3)] "Office" means the office of independent
4041	4041	ombudsman created under this chapter.
4042	4042	Sec. 261.002 [64.002]. ESTABLISHMENT; PURPOSE. The office
4043	4043	of independent ombudsman is a state agency established for the
4044	4044	purpose of investigating, evaluating, and securing the rights of
4045	4045	the children committed to the department [commission], including a
4046	4046	child released under supervision before final discharge.
4047	4047	Sec. 261.003 [64.003]. INDEPENDENCE. (a) The independent
4048	4048	ombudsman in the performance of its duties and powers under this
4049	4049	chapter acts independently of the department [commission].
4050	4050	(b) Funding for the independent ombudsman is appropriated
4051	4051	separately from funding for the department [commission].
4052	4052	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
4053	4053	Sec. 261.051 [64.051]. APPOINTMENT OF INDEPENDENT
4054	4054	OMBUDSMAN. (a) The governor shall appoint the independent
4055	4055	ombudsman with the advice and consent of the senate for a term of
4056	4056	two years, expiring February 1 of odd-numbered years.
4057	4057	(b) A person appointed as independent ombudsman is eligible
4058	4058	for reappointment but may not serve more than three terms in that
4059	4059	capacity.
4060	4060	Sec. 261.052 [64.052]. ASSISTANTS. The independent
4061	4061	ombudsman may hire assistants to perform, under the direction of
4062	4062	the independent ombudsman, the same duties and exercise the same
4063	4063	powers as the independent ombudsman.
4064	4064	Sec. 261.053 [64.053]. CONFLICT OF INTEREST. (a) A person
4065	4065	may not serve as independent ombudsman or as an assistant to the
4066	4066	independent ombudsman if the person or the person's spouse:
4067	4067	(1) is employed by or participates in the management
4068	4068	of a business entity or other organization receiving funds from the
4069	4069	department [commission];
4070	4070	(2) owns or controls, directly or indirectly, any
4071	4071	interest in a business entity or other organization receiving funds
4072	4072	from the department [commission]; or
4073	4073	(3) uses or receives any amount of tangible goods,
4074	4074	services, or funds from the department [commission].
4075	4075	(b) A person may not serve as independent ombudsman or as an
4076	4076	assistant to the independent ombudsman if the person or the
4077	4077	person's spouse is required to register as a lobbyist under Chapter
4078	4078	305, Government Code, because of the person's activities for
4079	4079	compensation on behalf of a profession related to the operation of
4080	4080	the department [commission].
4081	4081	(c) A person may not serve as independent ombudsman or as an
4082	4082	assistant to the independent ombudsman if the person or the
4083	4083	person's spouse is an officer, employee, manager, or paid
4084	4084	consultant of a Texas trade association in the field of criminal or
4085	4085	juvenile justice.
4086	4086	(d) For the purposes of this section, a Texas trade
4087	4087	association is a nonprofit, cooperative, and voluntarily joined
4088	4088	association of business or professional competitors in this state
4089	4089	designed to assist its members and its industry or profession in
4090	4090	dealing with mutual business or professional problems and in
4091	4091	promoting their common interest.
4092	4092	Sec. 261.054 [64.054]. SUNSET PROVISION. The office is
4093	4093	subject to review under Chapter 325, Government Code (Texas Sunset
4094	4094	Act), but is not abolished under that chapter. The office shall be
4095	4095	reviewed during the periods in which the Texas Juvenile Justice
4096	4096	Department or its successor agency is [state agencies abolished in
4097	4097	2009 and every 12th year after 2009 are] reviewed.
4098	4098	Sec. 261.055 [64.055]. REPORT. (a) The independent
4099	4099	ombudsman shall submit on a quarterly basis to the governor, the
4100	4100	lieutenant governor, the state auditor, and each member of the
4101	4101	legislature a report that is both aggregated and disaggregated by
4102	4102	individual facility and describes:
4103	4103	(1) the work of the independent ombudsman;
4104	4104	(2) the results of any review or investigation
4105	4105	undertaken by the independent ombudsman, including reviews or
4106	4106	investigation of services contracted by the department
4107	4107	[commission]; and
4108	4108	(3) any recommendations that the independent
4109	4109	ombudsman has in relation to the duties of the independent
4110	4110	ombudsman.
4111	4111	(b) The independent ombudsman shall immediately report to
4112	4112	the governor, the lieutenant governor, the speaker of the house of
4113	4113	representatives, the state auditor, and the office of the inspector
4114	4114	general of the department [commission] any particularly serious or
4115	4115	flagrant:
4116	4116	(1) case of abuse or injury of a child committed to the
4117	4117	department [commission];
4118	4118	(2) problem concerning the administration of a
4119	4119	department [commission] program or operation;
4120	4120	(3) problem concerning the delivery of services in a
4121	4121	facility operated by or under contract with the department
4122	4122	[commission]; or
4123	4123	(4) interference by the department [commission] with
4124	4124	an investigation conducted by the office.
4125	4125	Sec. 261.056 [64.056]. COMMUNICATION AND CONFIDENTIALITY.
4126	4126	(a) The department [commission] shall allow any child committed to
4127	4127	the department [commission] to communicate with the independent
4128	4128	ombudsman or an assistant to the ombudsman. The communication:
4129	4129	(1) may be in person, by mail, or by any other means;
4130	4130	and
4131	4131	(2) is confidential and privileged.
4132	4132	(b) The records of the independent ombudsman are
4133	4133	confidential, except that the independent ombudsman shall:
4134	4134	(1) share with the office of inspector general of the
4135	4135	department [commission] a communication with a child that may
4136	4136	involve the abuse or neglect of the child; and
4137	4137	(2) disclose its nonprivileged records if required by
4138	4138	a court order on a showing of good cause.
4139	4139	(c) The independent ombudsman may make reports relating to
4140	4140	an investigation public after the investigation is complete but
4141	4141	only if the names of all children, parents, and employees are
4142	4142	redacted from the report and remain confidential.
4143	4143	(d) The name, address, or other personally identifiable
4144	4144	information of a person who files a complaint with the office of
4145	4145	independent ombudsman, information generated by the office of
4146	4146	independent ombudsman in the course of an investigation, and
4147	4147	confidential records obtained by the office of independent
4148	4148	ombudsman are confidential and not subject to disclosure under
4149	4149	Chapter 552, Government Code, except that the information and
4150	4150	records, other than confidential information and records
4151	4151	concerning a pending law enforcement investigation or criminal
4152	4152	action, may be disclosed to the appropriate person if the office
4153	4153	determines that disclosure is:
4154	4154	(1) in the general public interest;
4155	4155	(2) necessary to enable the office to perform the
4156	4156	responsibilities provided under this section; or
4157	4157	(3) necessary to identify, prevent, or treat the abuse
4158	4158	or neglect of a child.
4159	4159	Sec. 261.057 [64.057]. PROMOTION OF AWARENESS OF OFFICE.
4160	4160	The independent ombudsman shall promote awareness among the public
4161	4161	and the children committed to the department [commission] of:
4162	4162	(1) how the office may be contacted;
4163	4163	(2) the purpose of the office; and
4164	4164	(3) the services the office provides.
4165	4165	Sec. 261.058 [64.058]. RULEMAKING AUTHORITY. (a) The
4166	4166	office by rule shall establish policies and procedures for the
4167	4167	operations of the office of independent ombudsman.
4168	4168	(b) The office and the department shall adopt rules
4169	4169	necessary to implement Section 261.060, including rules that:
4170	4170	(1) identify which reports of the office are subject
4171	4171	to review and comment by the department before publication; and
4172	4172	(2) establish procedures for the department to review
4173	4173	and comment on the reports, including procedures for the department
4174	4174	to expedite or eliminate review of and comment on a report due to an
4175	4175	emergency or a serious or flagrant circumstance described by
4176	4176	Section 261.055(b).
4177	4177	(c) Notwithstanding Section 201.001(a-1), the Texas Youth
4178	4178	Commission and the office shall jointly adopt the rules required
4179	4179	under Subsection (b) not later than March 1, 2010. This subsection
4180	4180	expires September 1, 2010.
4181	4181	Sec. 261.059 [64.059]. AUTHORITY OF STATE AUDITOR. The
4182	4182	office is subject to audit by the state auditor in accordance with
4183	4183	Chapter 321, Government Code.
4184	4184	Sec. 261.060. REVIEW AND FORMAT OF REPORTS. (a) The office
4185	4185	shall accept, both before and after publication, comments from the
4186	4186	department concerning the following types of reports published by
4187	4187	the office under this chapter:
4188	4188	(1) the office's quarterly report under Section
4189	4189	261.055(a);
4190	4190	(2) reports concerning serious or flagrant
4191	4191	circumstances under Section 261.055(b); and
4192	4192	(3) any other formal reports containing findings and
4193	4193	making recommendations concerning systemic issues that affect the
4194	4194	department.
4195	4195	(b) The department may not submit comments under Subsection
4196	4196	(a) after the 30th day after the date the report on which the
4197	4197	department is commenting is published.
4198	4198	(c) The office shall ensure that reports described by
4199	4199	Subsection (a) are in a format to which the department can easily
4200	4200	respond.
4201	4201	(d) After receipt of comments under this section, the office
4202	4202	is not obligated to change any report or change the manner in which
4203	4203	the office performs the duties of the office.
4204	4204	Sec. 261.061. COMPLAINTS. (a) The office shall maintain a
4205	4205	system to promptly and efficiently act on complaints filed with the
4206	4206	office that relate to the operations or staff of the office. The
4207	4207	office shall maintain information about parties to the complaint,
4208	4208	the subject matter of the complaint, a summary of the results of the
4209	4209	review or investigation of the complaint, and its disposition.
4210	4210	(b) The office shall make information available describing
4211	4211	its procedures for complaint investigation and resolution.
4212	4212	(c) The office shall periodically notify the complaint
4213	4213	parties of the status of the complaint until final disposition.
4214	4214	SUBCHAPTER C. DUTIES AND POWERS
4215	4215	Sec. 261.101 [64.101]. DUTIES AND POWERS. (a) The
4216	4216	independent ombudsman shall:
4217	4217	(1) review the procedures established by the
4218	4218	department [commission] and evaluate the delivery of services to
4219	4219	children to ensure that the rights of children are fully observed;
4220	4220	(2) review complaints filed with the independent
4221	4221	ombudsman concerning the actions of the department [commission] and
4222	4222	investigate each complaint in which it appears that a child may be
4223	4223	in need of assistance from the independent ombudsman;
4224	4224	(3) conduct investigations of complaints, other than
4225	4225	complaints alleging criminal behavior, if the office determines
4226	4226	that:
4227	4227	(A) a child committed to the department
4228	4228	[commission] or the child's family may be in need of assistance from
4229	4229	the office; or
4230	4230	(B) a systemic issue in the department's
4231	4231	[commission's] provision of services is raised by a complaint;
4232	4232	(4) review or inspect periodically the facilities and
4233	4233	procedures of any institution or residence in which a child has been
4234	4234	placed by the department [commission], whether public or private,
4235	4235	to ensure that the rights of children are fully observed;
4236	4236	(5) provide assistance to a child or family who the
4237	4237	independent ombudsman determines is in need of assistance,
4238	4238	including advocating with an agency, provider, or other person in
4239	4239	the best interests of the child;
4240	4240	(6) review court orders as necessary to fulfill its
4241	4241	duties;
4242	4242	(7) recommend changes in any procedure relating to the
4243	4243	treatment of children committed to the department [commission];
4244	4244	(8) make appropriate referrals under any of the duties
4245	4245	and powers listed in this subsection; and
4246	4246	(9) supervise assistants who are serving as advocates
4247	4247	in their representation of children committed to the department
4248	4248	[commission] in internal administrative and disciplinary hearings.
4249	4249	(b) The independent ombudsman may apprise persons who are
4250	4250	interested in a child's welfare of the rights of the child.
4251	4251	(c) To assess if a child's rights have been violated, the
4252	4252	independent ombudsman may, in any matter that does not involve
4253	4253	alleged criminal behavior, contact or consult with an
4254	4254	administrator, employee, child, parent, expert, or any other
4255	4255	individual in the course of its investigation or to secure
4256	4256	information.
4257	4257	(d) Notwithstanding any other provision of this chapter,
4258	4258	the independent ombudsman may not investigate alleged criminal
4259	4259	behavior.
4260	4260	(e) Notwithstanding any other provision of this chapter,
4261	4261	the powers of the office are limited to facilities operated and
4262	4262	services provided by the department under Subtitle C.
4263	4263	Sec. 261.102 [64.102]. TREATMENT OF DEPARTMENT
4264	4264	[COMMISSION] EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN.
4265	4265	The department [commission] may not discharge or in any manner
4266	4266	discriminate or retaliate against an employee who in good faith
4267	4267	makes a complaint to the office of independent ombudsman or
4268	4268	cooperates with the office in an investigation.
4269	4269	Sec. 261.103 [64.103]. TRAINING. The independent
4270	4270	ombudsman shall attend annual sessions, including the training
4271	4271	curriculum for juvenile correctional officers required under
4272	4272	Section 242.012 [61.0356], and may participate in other appropriate
4273	4273	professional training.
4274	4274	Sec. 261.104. MEMORANDUM OF UNDERSTANDING. (a) The office
4275	4275	and the department shall enter into a memorandum of understanding
4276	4276	concerning:
4277	4277	(1) the most efficient manner in which to share
4278	4278	information with one another; and
4279	4279	(2) the procedures for handling overlapping
4280	4280	monitoring duties and activities performed by the office and the
4281	4281	department.
4282	4282	(b) The memorandum of understanding entered into under
4283	4283	Subsection (a), at a minimum, must:
4284	4284	(1) address the interaction of the office with that
4285	4285	portion of the department that conducts an internal audit under
4286	4286	Section 242.005;
4287	4287	(2) address communication between the office and the
4288	4288	department concerning individual situations involving children
4289	4289	committed to the department and how those situations will be
4290	4290	documented and handled;
4291	4291	(3) contain guidelines on the office's role in
4292	4292	relevant working groups and policy development decisions at the
4293	4293	department;
4294	4294	(4) ensure opportunities for sharing information
4295	4295	between the office and the department for the purposes of assuring
4296	4296	quality and improving programming within the department; and
4297	4297	(5) recognize the independence of the office and the
4298	4298	office's right to withhold confidential information from the
4299	4299	department.
4300	4300	(c) Notwithstanding Section 201.001(a-1), the Texas Youth
4301	4301	Commission and the office shall adopt the memorandum of
4302	4302	understanding required by this section not later than March 1,
4303	4303	2010. This subsection expires September 1, 2010.
4304	4304	SUBCHAPTER D. ACCESS TO INFORMATION
4305	4305	Sec. 261.151 [64.151]. ACCESS TO INFORMATION OF
4306	4306	GOVERNMENTAL ENTITIES. (a) The department [commission] shall
4307	4307	allow the independent ombudsman access to its records relating to
4308	4308	the children committed to the department [commission].
4309	4309	(b) The Department of Public Safety shall allow the
4310	4310	independent ombudsman access to the juvenile justice information
4311	4311	system established under Subchapter B, Chapter 58, Family Code.
4312	4312	(c) A local law enforcement agency shall allow the
4313	4313	independent ombudsman access to its records relating to any child
4314	4314	in the care or custody of the department [commission].
4315	4315	Sec. 261.152 [64.152]. ACCESS TO INFORMATION OF PRIVATE
4316	4316	ENTITIES. The independent ombudsman shall have access to the
4317	4317	records of a private entity that relate to a child committed to the
4318	4318	department [commission].
4319	4319	SECTION 1.011. Section 61.012(e), Human Resources Code, is
4320	4320	amended to read as follows:
4321	4321	(e) This section expires September 1, 2010 [2009].
4322	4322	SECTION 1.012. Section 61.0121(f), Human Resources Code, is
4323	4323	amended to read as follows:
4324	4324	(f) This section expires September 1, 2010 [2009].
4325	4325	SECTION 1.013. Section 61.0123(d), Human Resources Code, is
4326	4326	amended to read as follows:
4327	4327	(d) This section expires September 1, 2010 [2009].
4328	4328	SECTION 1.014. Section 61.013(h), Human Resources Code, is
4329	4329	amended to read as follows:
4330	4330	(h) This section expires September 1, 2010 [2009].
4331	4331	SECTION 1.015. Section 61.019(c), Human Resources Code, is
4332	4332	amended to read as follows:
4333	4333	(c) This section expires September 1, 2010 [2009].
4334	4334	SECTION 1.016. Section 61.020, Human Resources Code, is
4335	4335	amended to read as follows:
4336	4336	Sec. 61.020. SUNSET PROVISION. The Texas Youth Commission
4337	4337	[is subject to Chapter 325, Government Code (Texas Sunset Act).
4338	4338	Unless continued in existence as provided by that chapter, the
4339	4339	commission] is abolished on September 1, 2010, and this section
4340	4340	[chapter] expires September 1, 2010 [2009].
4341	4341	SECTION 1.017. Section 141.012, Human Resources Code, is
4342	4342	amended to read as follows:
4343	4343	Sec. 141.012. SUNSET PROVISION. The Texas Juvenile
4344	4344	Probation Commission [is subject to Chapter 325, Government Code
4345	4345	(Texas Sunset Act). Unless continued in existence as provided by
4346	4346	that chapter, the commission] is abolished on September 1, 2010,
4347	4347	and this section [chapter] expires September 1, 2010 [2009].
4348	4348	SECTION 1.018. Section 61.024, Human Resources Code, is
4349	4349	repealed.
4350	4350	ARTICLE 2. MISCELLANEOUS PROVISIONS
4351	4351	SECTION 2.001. Section 51.02, Family Code, is amended by
4352	4352	adding Subdivision (8-a) to read as follows:
4353	4353	(8-a) "Nonsecure correctional facility" means a
4354	4354	facility, other than a secure correctional facility, that accepts
4355	4355	only juveniles who are on probation, regardless of whether the
4356	4356	facility is operated by or under contract with a governmental unit,
4357	4357	as defined by Section 101.001, Civil Practice and Remedies Code, or
4358	4358	independently from and not under contract with a governmental unit.
4359	4359	SECTION 2.002. Chapter 51, Family Code, is amended by
4360	4360	adding Section 51.126 to read as follows:
4361	4361	Sec. 51.126. NONSECURE CORRECTIONAL FACILITIES. (a) In
4362	4362	each county, each judge of the juvenile court and a majority of the
4363	4363	members of the juvenile board shall personally inspect, at least
4364	4364	annually, all nonsecure correctional facilities that are not
4365	4365	operated by the Texas Juvenile Justice Department and that are
4366	4366	located in the county and shall certify in writing to the
4367	4367	authorities responsible for operating and giving financial support
4368	4368	to the facilities and to the Texas Juvenile Justice Department that
4369	4369	the facility or facilities are suitable or unsuitable for the
4370	4370	confinement of children. In determining whether a facility is
4371	4371	suitable or unsuitable for the confinement of children, the
4372	4372	juvenile court judges and juvenile board members shall consider:
4373	4373	(1) current monitoring and inspection reports and any
4374	4374	noncompliance citation reports issued by the Texas Juvenile Justice
4375	4375	Department, including the report provided under Subsection (b), and
4376	4376	the status of any required corrective actions; and
4377	4377	(2) the other factors described under Sections
4378	4378	51.12(c)(2)-(7).
4379	4379	(b) The Texas Juvenile Justice Department shall annually
4380	4380	inspect each nonsecure correctional facility that is not operated
4381	4381	by that department. The Texas Juvenile Justice Department shall
4382	4382	provide a report to each juvenile court judge presiding in the same
4383	4383	county as an inspected facility indicating whether the facility is
4384	4384	suitable or unsuitable for the confinement of children in
4385	4385	accordance with minimum professional standards for the confinement
4386	4386	of children in nonsecure confinement promulgated by the Texas
4387	4387	Juvenile Justice Department or, at the election of the juvenile
4388	4388	board of the county in which the facility is located, the current
4389	4389	standards promulgated by the American Correctional Association.
4390	4390	(c) A governmental unit or private entity that operates or
4391	4391	contracts for the operation of a juvenile nonsecure correctional
4392	4392	facility in this state under Subsection (a), except for a facility
4393	4393	operated by or under contract with the Texas Juvenile Justice
4394	4394	Department, shall:
4395	4395	(1) register the facility annually with the Texas
4396	4396	Juvenile Justice Department; and
4397	4397	(2) adhere to all applicable minimum standards for the
4398	4398	facility.
4399	4399	(d) The Texas Juvenile Justice Department may deny,
4400	4400	suspend, or revoke the registration of any facility required to
4401	4401	register under Subsection (c) if the facility fails to:
4402	4402	(1) adhere to all applicable minimum standards for the
4403	4403	facility; or
4404	4404	(2) timely correct any notice of noncompliance with
4405	4405	minimum standards.
4406	4406	(e) In this section, "Texas Juvenile Justice Department"
4407	4407	means the Texas Juvenile Probation Commission. This subsection
4408	4408	expires September 1, 2010.
4409	4409	SECTION 2.003. Chapter 614, Health and Safety Code, is
4410	4410	amended by adding Section 614.018 to read as follows:
4411	4411	Sec. 614.018. CONTINUITY OF CARE FOR JUVENILES WITH MENTAL
4412	4412	IMPAIRMENTS. (a) The Texas Juvenile Justice Department, the
4413	4413	Department of Public Safety, the Department of State Health
4414	4414	Services, the Department of Aging and Disability Services, the
4415	4415	Department of Family and Protective Services, the Texas Education
4416	4416	Agency, and local juvenile probation departments shall adopt a
4417	4417	memorandum of understanding that establishes their respective
4418	4418	responsibilities to institute a continuity of care and service
4419	4419	program for juveniles with mental impairments in the juvenile
4420	4420	justice system. The office shall coordinate and monitor the
4421	4421	development and implementation of the memorandum of understanding.
4422	4422	(b) The memorandum of understanding must establish methods
4423	4423	for:
4424	4424	(1) identifying juveniles with mental impairments in
4425	4425	the juvenile justice system and collecting and reporting relevant
4426	4426	data to the office;
4427	4427	(2) developing interagency rules, policies, and
4428	4428	procedures for the coordination of care of and the exchange of
4429	4429	information on juveniles with mental impairments who are committed
4430	4430	to or treated, served, or supervised by the Texas Juvenile Justice
4431	4431	Department, the Department of Public Safety, the Department of
4432	4432	State Health Services, the Department of Family and Protective
4433	4433	Services, the Department of Aging and Disability Services, the
4434	4434	Texas Education Agency, local juvenile probation departments,
4435	4435	local mental health or mental retardation authorities, and
4436	4436	independent school districts; and
4437	4437	(3) identifying the services needed by juveniles with
4438	4438	mental impairments in the juvenile justice system.
4439	4439	(c) For purposes of this section, "continuity of care and
4440	4440	service program" includes:
4441	4441	(1) identifying the medical, psychiatric, or
4442	4442	psychological care or treatment needs and educational or
4443	4443	rehabilitative service needs of a juvenile with mental impairments
4444	4444	in the juvenile justice system;
4445	4445	(2) developing a plan for meeting the needs identified
4446	4446	under Subdivision (1); and
4447	4447	(3) coordinating the provision of continual
4448	4448	treatment, care, and services throughout the juvenile justice
4449	4449	system to juveniles with mental impairments.
4450	4450	SECTION 2.004. Sections 614.017(a) and (b), Health and
4451	4451	Safety Code, are amended to read as follows:
4452	4452	(a) An agency shall:
4453	4453	(1) accept information relating to a special needs
4454	4454	offender or a juvenile with a mental impairment that is sent to the
4455	4455	agency to serve the purposes of continuity of care and services
4456	4456	regardless of whether other state law makes that information
4457	4457	confidential; and
4458	4458	(2) disclose information relating to a special needs
4459	4459	offender or a juvenile with a mental impairment, including
4460	4460	information about the offender's or juvenile's identity, needs,
4461	4461	treatment, social, criminal, and vocational history, supervision
4462	4462	status and compliance with conditions of supervision, and medical
4463	4463	and mental health history, if the disclosure serves the purposes of
4464	4464	continuity of care and services.
4465	4465	(b) Information obtained under this section may not be used
4466	4466	as evidence in any juvenile or criminal proceeding, unless obtained
4467	4467	and introduced by other lawful evidentiary means.
4468	4468	SECTION 2.005. Section 614.017(c), Health and Safety Code,
4469	4469	is amended by amending Subdivision (1) and adding Subdivision (3)
4470	4470	to read as follows:
4471	4471	(1) "Agency" includes any of the following entities
4472	4472	and individuals, a person with an agency relationship with one of
4473	4473	the following entities or individuals, and a person who contracts
4474	4474	with one or more of the following entities or individuals:
4475	4475	(A) the Texas Department of Criminal Justice and
4476	4476	the Correctional Managed Health Care Committee;
4477	4477	(B) the Board of Pardons and Paroles;
4478	4478	(C) the Department of State Health Services;
4479	4479	(D) the Texas Juvenile Justice Department
4480	4480	[Probation Commission];
4481	4481	[(E) the Texas Youth Commission;]
4482	4482	(E) [(F)] the Department of Assistive and
4483	4483	Rehabilitative Services;
4484	4484	(F) [(G)] the Texas Education Agency;
4485	4485	(G) [(H)] the Commission on Jail Standards;
4486	4486	(H) [(I)] the Department of Aging and Disability
4487	4487	Services;
4488	4488	(I) [(J)] the Texas School for the Blind and
4489	4489	Visually Impaired;
4490	4490	(J) [(K)] community supervision and corrections
4491	4491	departments and local juvenile probation departments;
4492	4492	(K) [(L)] personal bond pretrial release offices
4493	4493	established under Article 17.42, Code of Criminal Procedure;
4494	4494	(L) [(M)] local jails regulated by the
4495	4495	Commission on Jail Standards;
4496	4496	(M) [(N)] a municipal or county health
4497	4497	department;
4498	4498	(N) [(O)] a hospital district;
4499	4499	(O) [(P)] a judge of this state with jurisdiction
4500	4500	over juvenile or criminal cases;
4501	4501	(P) [(Q)] an attorney who is appointed or
4502	4502	retained to represent a special needs offender or a juvenile with a
4503	4503	mental impairment;
4504	4504	(Q) [(R)] the Health and Human Services
4505	4505	Commission;
4506	4506	(R) [(S)] the Department of Information
4507	4507	Resources; [and]
4508	4508	(S) [(T)] the bureau of identification and
4509	4509	records of the Department of Public Safety, for the sole purpose of
4510	4510	providing real-time, contemporaneous identification of individuals
4511	4511	in the Department of State Health Services client data base; and
4512	4512	(T) the Department of Family and Protective
4513	4513	Services.
4514	4514	(3) "Juvenile with a mental impairment" means a
4515	4515	juvenile with a mental impairment in the juvenile justice system.
4516	4516	SECTION 2.006. Section 614.009, Health and Safety Code, is
4517	4517	amended to read as follows:
4518	4518	Sec. 614.009. BIENNIAL REPORT. Not later than February 1
4519	4519	of each odd-numbered year, the office shall present to the board and
4520	4520	file with the governor, lieutenant governor, and speaker of the
4521	4521	house of representatives a report giving the details of the
4522	4522	office's activities during the preceding biennium. The report must
4523	4523	include:
4524	4524	(1) an evaluation of any demonstration project
4525	4525	undertaken by the office;
4526	4526	(2) an evaluation of the progress made by the office
4527	4527	toward developing a plan for meeting the treatment, rehabilitative,
4528	4528	and educational needs of offenders with special needs;
4529	4529	(3) recommendations of the office made in accordance
4530	4530	with Section 614.007(5);
4531	4531	(4) an evaluation of the development and
4532	4532	implementation of the continuity of care and service programs
4533	4533	established under Sections 614.013, 614.014, 614.015, [and]
4534	4534	614.016, and 614.018, changes in rules, policies, or procedures
4535	4535	relating to the programs, future plans for the programs, and any
4536	4536	recommendations for legislation; and
4537	4537	(5) any other recommendations that the office
4538	4538	considers appropriate.
4539	4539	ARTICLE 3. CONFORMING AMENDMENTS
4540	4540	SECTION 3.001. Article 2.12, Code of Criminal Procedure, is
4541	4541	amended to read as follows:
4542	4542	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
4543	4543	officers:
4544	4544	(1) sheriffs, their deputies, and those reserve
4545	4545	deputies who hold a permanent peace officer license issued under
4546	4546	Chapter 1701, Occupations Code;
4547	4547	(2) constables, deputy constables, and those reserve
4548	4548	deputy constables who hold a permanent peace officer license issued
4549	4549	under Chapter 1701, Occupations Code;
4550	4550	(3) marshals or police officers of an incorporated
4551	4551	city, town, or village, and those reserve municipal police officers
4552	4552	who hold a permanent peace officer license issued under Chapter
4553	4553	1701, Occupations Code;
4554	4554	(4) rangers and officers commissioned by the Public
4555	4555	Safety Commission and the Director of the Department of Public
4556	4556	Safety;
4557	4557	(5) investigators of the district attorneys', criminal
4558	4558	district attorneys', and county attorneys' offices;
4559	4559	(6) law enforcement agents of the Texas Alcoholic
4560	4560	Beverage Commission;
4561	4561	(7) each member of an arson investigating unit
4562	4562	commissioned by a city, a county, or the state;
4563	4563	(8) officers commissioned under Section 37.081,
4564	4564	Education Code, or Subchapter E, Chapter 51, Education Code;
4565	4565	(9) officers commissioned by the General Services
4566	4566	Commission;
4567	4567	(10) law enforcement officers commissioned by the
4568	4568	Parks and Wildlife Commission;
4569	4569	(11) airport police officers commissioned by a city
4570	4570	with a population of more than 1.18 million that operates an airport
4571	4571	that serves commercial air carriers;
4572	4572	(12) airport security personnel commissioned as peace
4573	4573	officers by the governing body of any political subdivision of this
4574	4574	state, other than a city described by Subdivision (11), that
4575	4575	operates an airport that serves commercial air carriers;
4576	4576	(13) municipal park and recreational patrolmen and
4577	4577	security officers;
4578	4578	(14) security officers and investigators commissioned
4579	4579	as peace officers by the comptroller;
4580	4580	(15) officers commissioned by a water control and
4581	4581	improvement district under Section 49.216, Water Code;
4582	4582	(16) officers commissioned by a board of trustees
4583	4583	under Chapter 54, Transportation Code;
4584	4584	(17) investigators commissioned by the Texas Medical
4585	4585	Board;
4586	4586	(18) officers commissioned by the board of managers of
4587	4587	the Dallas County Hospital District, the Tarrant County Hospital
4588	4588	District, or the Bexar County Hospital District under Section
4589	4589	281.057, Health and Safety Code;
4590	4590	(19) county park rangers commissioned under
4591	4591	Subchapter E, Chapter 351, Local Government Code;
4592	4592	(20) investigators employed by the Texas Racing
4593	4593	Commission;
4594	4594	(21) officers commissioned under Chapter 554,
4595	4595	Occupations Code;
4596	4596	(22) officers commissioned by the governing body of a
4597	4597	metropolitan rapid transit authority under Section 451.108,
4598	4598	Transportation Code, or by a regional transportation authority
4599	4599	under Section 452.110, Transportation Code;
4600	4600	(23) investigators commissioned by the attorney
4601	4601	general under Section 402.009, Government Code;
4602	4602	(24) security officers and investigators commissioned
4603	4603	as peace officers under Chapter 466, Government Code;
4604	4604	(25) an officer employed by the Department of State
4605	4605	Health Services under Section 431.2471, Health and Safety Code;
4606	4606	(26) officers appointed by an appellate court under
4607	4607	Subchapter F, Chapter 53, Government Code;
4608	4608	(27) officers commissioned by the state fire marshal
4609	4609	under Chapter 417, Government Code;
4610	4610	(28) an investigator commissioned by the commissioner
4611	4611	of insurance under Section 701.104, Insurance Code;
4612	4612	(29) apprehension specialists and inspectors general
4613	4613	commissioned by the Texas Juvenile Justice Department [Texas Youth
4614	4614	Commission] as officers under Sections 242.104 and 243.052 [61.0451
4615	4615	and 61.0931], Human Resources Code;
4616	4616	(30) officers appointed by the inspector general of
4617	4617	the Texas Department of Criminal Justice under Section 493.019,
4618	4618	Government Code;
4619	4619	(31) investigators commissioned by the Commission on
4620	4620	Law Enforcement Officer Standards and Education under Section
4621	4621	1701.160, Occupations Code;
4622	4622	(32) commission investigators commissioned by the
4623	4623	Texas Private Security Board under Section 1702.061(f),
4624	4624	Occupations Code;
4625	4625	(33) the fire marshal and any officers, inspectors, or
4626	4626	investigators commissioned by an emergency services district under
4627	4627	Chapter 775, Health and Safety Code;
4628	4628	(34) officers commissioned by the State Board of
4629	4629	Dental Examiners under Section 254.013, Occupations Code, subject
4630	4630	to the limitations imposed by that section; and
4631	4631	(35) investigators commissioned by the Texas Juvenile
4632	4632	Justice Department [Probation Commission] as officers under
4633	4633	Section 221.011 [141.055], Human Resources Code.
4634	4634	SECTION 3.002. Section 51.13(c), Family Code, is amended to
4635	4635	read as follows:
4636	4636	(c) A child may not be committed or transferred to a penal
4637	4637	institution or other facility used primarily for the execution of
4638	4638	sentences of persons convicted of crime, except:
4639	4639	(1) for temporary detention in a jail or lockup
4640	4640	pending juvenile court hearing or disposition under conditions
4641	4641	meeting the requirements of Section 51.12 of this code;
4642	4642	(2) after transfer for prosecution in criminal court
4643	4643	under Section 54.02 of this code; or
4644	4644	(3) after transfer from the Texas Juvenile Justice
4645	4645	Department [Youth Commission] under Section 245.151(c) [61.084],
4646	4646	Human Resources Code.
4647	4647	SECTION 3.003. Section 51.21(a), Family Code, is amended to
4648	4648	read as follows:
4649	4649	(a) A probation department that administers the mental
4650	4650	health screening instrument or clinical assessment required by
4651	4651	Section 221.003 [141.042(e)], Human Resources Code, shall refer the
4652	4652	child to the local mental health authority for assessment and
4653	4653	evaluation if:
4654	4654	(1) the child's scores on the screening instrument or
4655	4655	clinical assessment indicate a need for further mental health
4656	4656	assessment and evaluation; and
4657	4657	(2) the department and child do not have access to an
4658	4658	internal, contract, or private mental health professional.
4659	4659	SECTION 3.004. Section 53.045(d), Family Code, is amended
4660	4660	to read as follows:
4661	4661	(d) If the grand jury approves of the petition, the fact of
4662	4662	approval shall be certified to the juvenile court, and the
4663	4663	certification shall be entered in the record of the case. For the
4664	4664	purpose of the transfer of a child to the Texas Department of
4665	4665	Criminal Justice as provided by Section 245.151(c) [61.084(c)],
4666	4666	Human Resources Code, a juvenile court petition approved by a grand
4667	4667	jury under this section is an indictment presented by the grand
4668	4668	jury.
4669	4669	SECTION 3.005. Sections 54.11(a), (h), (i), and (j), Family
4670	4670	Code, are amended to read as follows:
4671	4671	(a) On receipt of a referral under Section 244.014(a)
4672	4672	[61.079(a)], Human Resources Code, for the transfer to the
4673	4673	[institutional division of the] Texas Department of Criminal
4674	4674	Justice of a person committed to the Texas Juvenile Justice
4675	4675	Department [Youth Commission] under Section 54.04(d)(3), 54.04(m),
4676	4676	or 54.05(f), or on receipt of a request by the Texas Juvenile
4677	4677	Justice Department [commission] under Section 245.051(d)
4678	4678	[61.081(g)], Human Resources Code, for approval of the release
4679	4679	under supervision of a person committed to the Texas Juvenile
4680	4680	Justice Department [commission] under Section 54.04(d)(3),
4681	4681	54.04(m), or 54.05(f), the court shall set a time and place for a
4682	4682	hearing on the release of the person.
4683	4683	(h) The hearing on a person who is referred for transfer
4684	4684	under Section 244.014(a) [61.079(a)], Human Resources Code, shall
4685	4685	be held not later than the 60th day after the date the court
4686	4686	receives the referral.
4687	4687	(i) On conclusion of the hearing on a person who is referred
4688	4688	for transfer under Section 244.014(a) [61.079(a)], Human Resources
4689	4689	Code, the court may order:
4690	4690	(1) the return of the person to the Texas Juvenile
4691	4691	Justice Department [Youth Commission]; or
4692	4692	(2) the transfer of the person to the custody of the
4693	4693	[institutional division of the] Texas Department of Criminal
4694	4694	Justice for the completion of the person's sentence.
4695	4695	(j) On conclusion of the hearing on a person who is referred
4696	4696	for release under supervision under Section 245.051(c)
4697	4697	[61.081(f)], Human Resources Code, the court may order the return
4698	4698	of the person to the Texas Juvenile Justice Department [Youth
4699	4699	Commission]:
4700	4700	(1) with approval for the release of the person under
4701	4701	supervision; or
4702	4702	(2) without approval for the release of the person
4703	4703	under supervision.
4704	4704	SECTION 3.006. Section 58.003(g-1), Family Code, is amended
4705	4705	to read as follows:
4706	4706	(g-1) Any records collected or maintained by the Texas
4707	4707	Juvenile Justice Department [Probation Commission], including
4708	4708	statistical data submitted under Section 221.007 [141.044], Human
4709	4709	Resources Code, are not subject to a sealing order issued under this
4710	4710	section.
4711	4711	SECTION 3.007. Section 58.0072(b), Family Code, is amended
4712	4712	to read as follows:
4713	4713	(b) Juvenile justice information consists of information of
4714	4714	the type described by Section 58.104, including statistical data in
4715	4715	any form or medium collected, maintained, or submitted to the Texas
4716	4716	Juvenile Justice Department [Probation Commission] under Section
4717	4717	221.007 [141.044], Human Resources Code.
4718	4718	SECTION 3.008. Section 41.310(b), Government Code, is
4719	4719	amended to read as follows:
4720	4720	(b) In addition to the duties prescribed by Subsection (a),
4721	4721	the counsellor shall on a quarterly basis provide the board of
4722	4722	directors and the standing committees of the senate and house of
4723	4723	representatives with primary jurisdiction over matters concerning
4724	4724	correctional facilities with a report concerning offenses or
4725	4725	delinquent conduct prosecuted by the unit on receiving a request
4726	4726	for assistance under Section 241.007 [61.098], Human Resources
4727	4727	Code, or a request for assistance otherwise from a prosecuting
4728	4728	attorney. A report under this subsection is public information
4729	4729	under Chapter 552, Government Code, and the board of directors
4730	4730	shall request that the commission publish the report on the
4731	4731	commission's Internet website. A report must be both aggregated
4732	4732	and disaggregated by individual facility and include information
4733	4733	relating to:
4734	4734	(1) the number of requests for assistance received
4735	4735	under Section 241.007 [61.098], Human Resources Code, and requests
4736	4736	for assistance otherwise received from prosecuting attorneys;
4737	4737	(2) the number of cases investigated and the number of
4738	4738	cases prosecuted;
4739	4739	(3) the types and outcomes of cases prosecuted, such
4740	4740	as whether the case concerned narcotics or an alleged incident of
4741	4741	sexual abuse; and
4742	4742	(4) the relationship of a victim to a perpetrator, if
4743	4743	applicable.
4744	4744	SECTION 3.009. Section 411.1141(a), Government Code, is
4745	4745	amended to read as follows:
4746	4746	(a) The Texas Juvenile Justice Department [Youth
4747	4747	Commission] is entitled to obtain from the department criminal
4748	4748	history record information maintained by the department that
4749	4749	relates to a person described by Section 242.013(b) [61.0357(b)],
4750	4750	Human Resources Code.
4751	4751	SECTION 3.010. Section 493.017(d), Government Code, is
4752	4752	amended to read as follows:
4753	4753	(d) A sex offender correction program that provides
4754	4754	counseling sessions for a child who is released under supervision
4755	4755	under Section 245.053 [61.0813], Human Resources Code, shall report
4756	4756	to the Texas Juvenile Justice Department [Youth Commission], not
4757	4757	later than the 15th day of each month, the following information
4758	4758	about the child:
4759	4759	(1) the total number of counseling sessions attended
4760	4760	by the child during the preceding month; and
4761	4761	(2) if during the preceding month the child terminates
4762	4762	participation in the program before completing counseling, the
4763	4763	reason for the child's termination of counseling or that the reason
4764	4764	for the termination of counseling is unknown.
4765	4765	SECTION 3.011. Section 499.053, Government Code, is amended
4766	4766	to read as follows:
4767	4767	Sec. 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
4768	4768	DEPARTMENT [YOUTH COMMISSION]. (a) The department [institutional
4769	4769	division] shall accept persons transferred to the department
4770	4770	[division] from the Texas Juvenile Justice Department [Youth
4771	4771	Commission] under Section 245.151 [61.084], Human Resources Code.
4772	4772	(b) A person transferred to the department [institutional
4773	4773	division] from the Texas Juvenile Justice Department [Youth
4774	4774	Commission] is entitled to credit on the person's sentence for the
4775	4775	time served in the custody of the Texas Juvenile Justice Department
4776	4776	[youth commission].
4777	4777	(c) All laws relating to good conduct time and eligibility
4778	4778	for release on parole or mandatory supervision apply to a person
4779	4779	transferred to the department [institutional division] by the Texas
4780	4780	Juvenile Justice Department [youth commission] as if the time the
4781	4781	person was detained in a detention facility and the time the person
4782	4782	served in the custody of the Texas Juvenile Justice Department
4783	4783	[youth commission] was time served in the custody of the department
4784	4784	[division].
4785	4785	(d) A person transferred from the Texas Juvenile Justice
4786	4786	Department [Youth Commission] for the offense of capital murder
4787	4787	shall become eligible for parole as provided in Section 508.145(d)
4788	4788	for an offense listed in Section 3g, Article 42.12, Code of Criminal
4789	4789	Procedure, or an offense for which a deadly weapon finding has been
4790	4790	made.
4791	4791	SECTION 3.012. Section 508.156(a), Government Code, is
4792	4792	amended to read as follows:
4793	4793	(a) Before the release of a person who is transferred under
4794	4794	Section 245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], Human
4795	4795	Resources Code, to the department [division] for release on parole,
4796	4796	a parole panel shall review the person's records and may interview
4797	4797	the person or any other person the panel considers necessary to
4798	4798	determine the conditions of parole. The panel may impose any
4799	4799	reasonable condition of parole on the person that the panel may
4800	4800	impose on an adult inmate under this chapter.
4801	4801	SECTION 3.013. Section 152.0007(b), Human Resources Code,
4802	4802	is amended to read as follows:
4803	4803	(b) The board may establish guidelines for the initial
4804	4804	assessment of a child by the juvenile probation department. The
4805	4805	guidelines shall provide a means for assessing a child's mental
4806	4806	health status, family background, and level of education. The
4807	4807	guidelines shall assist the probation department in determining
4808	4808	whether a comprehensive psychological evaluation of the child
4809	4809	should be conducted. The board shall require that probation
4810	4810	department personnel use assessment information compiled by the
4811	4811	child's school, if the information is available, before conducting
4812	4812	a comprehensive psychological evaluation of the child. The board
4813	4813	may adopt all or part of the Texas Juvenile Justice Department's
4814	4814	[Juvenile Probation Commission's] minimum standards for assessment
4815	4815	under Section 221.002 [141.042] in complying with this subsection.
4816	4816	SECTION 3.014. Sections 152.0011(b) and (c), Human
4817	4817	Resources Code, are amended to read as follows:
4818	4818	(b) The juvenile board or local probation department may
4819	4819	contract with a private vendor for the financing, construction,
4820	4820	operation, maintenance, or management of a youth boot camp in the
4821	4821	same manner as the state. [The juvenile board may not award a
4822	4822	contract under this subsection unless the board requests proposals
4823	4823	and receives a proposal that meets or exceeds, in addition to
4824	4824	requirements specified in the request for proposals, the
4825	4825	requirements specified in Section 141.0434.]
4826	4826	(c) A juvenile board youth boot camp must offer a program
4827	4827	that complies with the requirements of the youth boot camps set
4828	4828	forth in Section 246.001 [141.0432].
4829	4829	SECTION 3.015. Section 152.0301(f), Human Resources Code,
4830	4830	is amended to read as follows:
4831	4831	(f) The juvenile board shall ensure that the chief juvenile
4832	4832	officer and fiscal officer:
4833	4833	(1) keep the financial and statistical records and
4834	4834	submit reports to the Texas Juvenile Justice Department [Probation
4835	4835	Commission] as prescribed by Section 221.007 [141.044]; and
4836	4836	(2) submit periodic financial and statistical reports
4837	4837	to the county commissioners court.
4838	4838	SECTION 3.016. Section 152.0791(g), Human Resources Code,
4839	4839	is amended to read as follows:
4840	4840	(g) The juvenile board shall ensure that the chief juvenile
4841	4841	officer and fiscal officer:
4842	4842	(1) keep the financial and statistical records and
4843	4843	submit reports to the Texas Juvenile Justice Department [Probation
4844	4844	Commission] as prescribed by Section 221.007 [141.044]; and
4845	4845	(2) submit periodic financial and statistical reports
4846	4846	to the commissioners courts.
4847	4847	SECTION 3.017. Section 152.1371(f), Human Resources Code,
4848	4848	is amended to read as follows:
4849	4849	(f) The juvenile board shall ensure that the chief juvenile
4850	4850	officer and fiscal officer:
4851	4851	(1) keep the financial and statistical records and
4852	4852	submit reports to the Texas Juvenile Justice Department [Probation
4853	4853	Commission] as prescribed by Section 221.007 [141.044]; and
4854	4854	(2) submit periodic financial and statistical reports
4855	4855	to the county commissioners court.
4856	4856	SECTION 3.018. Section 152.1431(f), Human Resources Code,
4857	4857	is amended to read as follows:
4858	4858	(f) The juvenile board shall ensure that the chief juvenile
4859	4859	officer and fiscal officer:
4860	4860	(1) keep the financial and statistical records and
4861	4861	submit reports to the Texas Juvenile Justice Department [Probation
4862	4862	Commission] as prescribed by Section 221.007 [141.044]; and
4863	4863	(2) submit periodic financial and statistical reports
4864	4864	to the county commissioners court.
4865	4865	SECTION 3.019. Section 152.2511(f), Human Resources Code,
4866	4866	is amended to read as follows:
4867	4867	(f) The juvenile board shall ensure that the chief juvenile
4868	4868	officer and fiscal officer:
4869	4869	(1) keep the financial and statistical records and
4870	4870	submit reports to the Texas Juvenile Justice Department [Probation
4871	4871	Commission] as prescribed by Section 221.007 [141.044]; and
4872	4872	(2) submit periodic financial and statistical reports
4873	4873	to the county commissioners court.
4874	4874	ARTICLE 4. TRANSITION AND EFFECTIVE DATE
4875	4875	SECTION 4.001. (a) Effective September 1, 2010,
4876	4876	Subchapters A and B, Chapter 61, Human Resources Code, as amended by
4877	4877	this Act, and Subchapters A and B, Chapter 141, Human Resources
4878	4878	Code, as amended by this Act, are repealed.
4879	4879	(b) Effective September 1, 2010, the Texas Youth Commission
4880	4880	and the Texas Juvenile Probation Commission are abolished and the
4881	4881	powers and duties of those agencies are transferred to the Texas
4882	4882	Juvenile Justice Board and the Texas Juvenile Justice Department in
4883	4883	accordance with Title 12, Human Resources Code, as added by this
4884	4884	Act.
4885	4885	SECTION 4.002. (a) On September 1, 2010, or as soon as is
4886	4886	possible after that date, the Texas Juvenile Justice Board shall
4887	4887	adopt a comprehensive plan to ensure the smooth transition of all
4888	4888	programs operated by the Texas Youth Commission and the Texas
4889	4889	Juvenile Probation Commission before September 1, 2010, from those
4890	4890	agencies to the Texas Juvenile Justice Department.
4891	4891	(b) All money, records, property, and equipment in the
4892	4892	possession of the Texas Youth Commission or the Texas Juvenile
4893	4893	Probation Commission on September 1, 2010, shall be transferred to
4894	4894	the possession of the Texas Juvenile Justice Department on
4895	4895	September 1, 2010, or as soon as possible after that date.
4896	4896	(c) Effective September 1, 2010, a rule adopted by the Texas
4897	4897	Youth Commission or the Texas Juvenile Probation Commission is a
4898	4898	rule of the Texas Juvenile Justice Department until and unless that
4899	4899	department amends or repeals the rule.
4900	4900	(d) Effective September 1, 2010, a memorandum of
4901	4901	understanding entered into by the Texas Youth Commission or the
4902	4902	Texas Juvenile Probation Commission is binding against the Texas
4903	4903	Juvenile Justice Department to the same extent that the memorandum
4904	4904	bound the agency that entered into the memorandum of understanding,
4905	4905	until and unless the department enters into a new memorandum of
4906	4906	understanding that modifies the department's responsibilities.
4907	4907	SECTION 4.003. Unless another provision of this Act
4908	4908	specifically provides otherwise, the Texas Youth Commission and the
4909	4909	Texas Juvenile Probation Commission, as applicable, shall
4910	4910	implement each change in law made by this Act, including adopting
4911	4911	any necessary or required rule, not later than September 1, 2010.
4912	4912	SECTION 4.004. (a) The validity of a disposition of a child
4913	4913	under Title 3, Family Code, made before, on, or after the effective
4914	4914	date of this Act is not affected solely because:
4915	4915	(1) the terms of the disposition refer to the Texas
4916	4916	Youth Commission or the Texas Juvenile Probation Commission; and
4917	4917	(2) during the time for the disposition is in effect,
4918	4918	the Texas Youth Commission or the Texas Juvenile Probation
4919	4919	Commission cease to exist and their powers and duties are
4920	4920	transferred, as provided by this Act, to the Texas Juvenile Justice
4921	4921	Department.
4922	4922	(b) The action of a juvenile probation department taken in
4923	4923	relation to a child before, on, or after the effective date of this
4924	4924	Act is not affected solely because:
4925	4925	(1) the terms of the action refer to the Texas Youth
4926	4926	Commission or the Texas Juvenile Probation Commission; and
4927	4927	(2) during the time for the action is in effect, the
4928	4928	Texas Youth Commission or the Texas Juvenile Probation Commission
4929	4929	cease to exist and their powers and duties are transferred, as
4930	4930	provided by this Act, to the Texas Juvenile Justice Department.
4931	4931	(c) The changes in law made by this Act to Title 3, Family
4932	4932	Code, are not substantive in nature and apply to conduct by a child
4933	4933	that occurs before, on, or after the effective date of this Act.
4934	4934	SECTION 4.005. This Act takes effect September 1, 2009.