81R2772 JSC-D By: Uresti S.B. No. 2107 A BILL TO BE ENTITLED AN ACT relating to the qualifications of juvenile probation officers in certain counties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 141.061(a) and (b), Human Resources Code, are amended to read as follows: (a) To be eligible for appointment as a probation officer, a person who was not employed as a probation officer before September 1, 1981, must: (1) be of good moral character; (2) have acquired a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board; (3) have either: (A) one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology, or other field of instruction approved by the commission; or (B) except as provided by Section 141.0612(c), one year of experience in full-time case work, counseling, or community or group work: (i) in a social service, community, corrections, or juvenile agency that deals with offenders or disadvantaged persons; and (ii) that the commission determines provides the kind of experience necessary to meet this requirement; (4) have satisfactorily completed the course of preservice training or instruction required by the commission; (5) have passed the tests or examinations required by the commission; and (6) possess the level of certification required by the commission. (b) The commission by rule may authorize the waiver of the requirement of a year of graduate study or full-time employment experience under Subsection (a)(3) and Section 141.0612(c), if applicable, if the authority responsible for employing the officer establishes to the satisfaction of the commission that after a diligent search the authority cannot locate a person meeting that requirement to fill a job opening. SECTION 2. Subchapter D, Chapter 141, Human Resources Code, is amended by adding Section 141.0612 to read as follows: Sec. 141.0612. MINIMUM STANDARDS FOR PROBATION OFFICERS IN COUNTIES WITH POPULATION OF 50,000 OR LESS. (a) This section applies only to an authority that employs a probation officer in a county with a population of 50,000 or less. (b) The commission by rule may authorize the waiver of the requirement of a bachelor's degree under Section 141.061(a)(2) if the authority responsible for employing a probation officer establishes to the satisfaction of the commission that after a diligent search the authority cannot locate a person meeting that requirement to fill the job opening. A person may not be appointed as a probation officer if the person does not have a bachelor's degree and does not have the required experience under Subsection (c) and Section 141.061(a)(3)(B), even if the commission has authorized waivers under both this section and Section 141.061(b). (c) A person who does not have the experience described by Section 141.061(a)(3)(B) may substitute one year of experience in full-time case work, counseling, or community group work: (1) in a juvenile facility or as a peace officer with occasional involvement with juveniles; and (2) that the commission determines provides the kind of experience necessary to meet this requirement. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.