By: White (Senate Sponsor - Whitmire) H.B. No. 2733
(In the Senate - Received from the House May 8, 2013;
May 9, 2013, read first time and referred to Committee on Criminal
Justice; May 16, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 16, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2733 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the administration and operation of the Texas Juvenile
Justice Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1141, Government Code, is amended to
read as follows:
Sec. 411.1141. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION].
(a) The Texas Juvenile Justice Department is entitled to obtain
from the department criminal history record information maintained
by the department that relates to:
(1) a person described by Section 242.010(b), Human
Resources Code;
(2) an applicant for a certification from the Texas
Juvenile Justice Department;
(3) a holder of a certification from the Texas
Juvenile Justice Department;
(4) a child committed to the custody of the Texas
Juvenile Justice Department by a juvenile court;
(5) a person requesting visitation access to a
facility of the Texas Juvenile Justice Department; or
(6) any person, as necessary to conduct an evaluation
of the home under Section 245.051(a), Human Resources Code.
(b) Criminal history record information obtained by the
Texas Juvenile Justice Department [Youth Commission] under
Subsection (a) may not be released to any person except:
(1) on court order;
(2) with the consent of the entity or person who is the
subject of the criminal history record information;
(3) for purposes of an administrative hearing held, or
an investigation conducted, by the Texas Juvenile Justice
Department [Youth Commission] concerning the person who is the
subject of the criminal history record information; [or]
(4) a juvenile board by which a certification
applicant or holder is employed; or
(5) as provided by Subsection (c) or (f).
(c) The Texas Juvenile Justice Department [Youth
Commission] is not prohibited from releasing criminal history
record information obtained under Subsection (a) to:
(1) the person who is the subject of the criminal
history record information; or
(2) a business entity or person described by
Subsection (a)(1) [(a)(4) or (a)(5)] who uses or intends to use the
services of the volunteer or intern or employs or is considering
employing the person who is the subject of the criminal history
record information.
(d) The Texas Juvenile Justice Department [Youth
Commission] may charge an entity or a person who requests criminal
history record information under Subsection (c)(2) [(a)(4) or
(a)(5)] a fee in an amount necessary to cover the costs of obtaining
the information on the person's or entity's behalf.
(e) After a person is certified by the Texas Juvenile
Justice Department, the Texas Juvenile Justice Department shall
destroy the criminal history record information that relates to a
person described by Subsection (a)(2).
(f) The Texas Juvenile Justice Department is not prohibited
from disclosing criminal history record information obtained under
Subsection (a) in a criminal proceeding or in a hearing conducted by
the Texas Juvenile Justice Department.
SECTION 2. Section 552.117(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or a security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175; [or]
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement, regardless of whether
the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.1175;
(9) a juvenile probation or supervision officer
certified by the Texas Juvenile Justice Department, or the
predecessors in function of the department, under Title 12, Human
Resources Code; or
(10) employees of a juvenile justice program or
facility, as those terms are defined by Section 261.405, Family
Code.
SECTION 3. The heading to Section 552.1175, Government
Code, is amended to read as follows:
Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL
[ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND
PERSONAL FAMILY] INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
SECURITY OFFICERS, AND EMPLOYEES OF CERTAIN [THE TEXAS DEPARTMENT
OF] CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES [A
PROSECUTOR'S OFFICE].
SECTION 4. Section 552.1175(a), Government Code, is amended
to read as follows:
(a) This section applies only to:
(1) peace officers as defined by Article 2.12, Code of
Criminal Procedure;
(2) county jailers as defined by Section 1701.001,
Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) employees of a district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(8) police officers and inspectors of the United
States Federal Protective Service; [and]
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement;
(10) juvenile probation and detention officers
certified by the Texas Juvenile Justice Department, or the
predecessors in function of the department, under Title 12, Human
Resources Code;
(11) employees of a juvenile justice program or
facility, as those terms are defined by Section 261.405, Family
Code; and
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department.
SECTION 5. Section 203.0081(a), Human Resources Code, is
amended to read as follows:
(a) The advisory council on juvenile services consists of:
(1) the executive director of the department or the
executive director's designee;
(2) the director of probation services of the
department or the director's designee;
(3) the director of state programs and facilities of
the department or the director's designee;
(4) the executive commissioner of the Health and Human
Services Commission or the commissioner's designee;
(5) [(4)] one representative of the county
commissioners courts appointed by the board;
(6) [(5)] two juvenile court judges appointed by the
board; and
(7) [(6)] seven chief juvenile probation officers
appointed by the board as provided by Subsection (b).
SECTION 6. Sections 242.002(b) and (d), Human Resources
Code, are amended to read as follows:
(b) On or before December 31 of each even-numbered year, the
department shall make a report on the effectiveness of the programs
to the Legislative Budget Board.
(d) If the department is unable to offer or make available
programs described by Subsection (a) in the manner provided by
Subsection (c), the department shall, not later than December 31
[January 10] of each even-numbered [odd-numbered] year, provide the
standing committees of the senate and house of representatives with
primary jurisdiction over matters concerning correctional
facilities with a report explaining:
(1) which programs are not offered or are unavailable;
and
(2) the reason the programs are not offered or are
unavailable.
SECTION 7. Section 242.010, Human Resources Code, is
amended by amending Subsections (b), (c), and (d) and adding
Subsections (b-1), (b-2), and (b-3) to read as follows:
(b) The department [executive director] shall review the
national criminal history record information, state criminal
history record information maintained by the Department of Public
Safety, and previous and current employment references of each
person who:
(1) is an employee, [contractor,] volunteer,
ombudsman, or advocate working for the department or working in a
department facility or a facility under contract with the
department;
(2) is a contractor or an employee or subcontractor of
a contractor who has direct access to children in department
facilities;
(3) provides direct delivery of services to children
in the custody of the department; or
(4) [(3)] has access to records in department
facilities or offices.
(b-1) The department may review criminal history record
information of:
(1) a person requesting visitation access to a
department facility; or
(2) any person, as necessary to conduct an evaluation
of the home under Section 245.051(a).
(b-2) The department may not deny visitation access to an
immediate family member of a child committed to the department
based solely on a review of criminal history record information
under Subsection (b-1)(1).
(b-3) If visitation access is denied or limited based in
part on a review of criminal history record information under
Subsection (b-1)(1), the department shall retain the criminal
history record information of the person for whom access is denied
or limited until the child the person requested visitation access
to is released from the department.
(c) To enable the department [executive director] to
conduct the review, the board shall adopt rules requiring a person
described by Subsection (b) to electronically provide the
Department of Public Safety with a complete set of the person's
fingerprints in a form and of a quality acceptable to the Department
of Public Safety and the Federal Bureau of Investigation.
(d) For each person described by Subsection (b), the
department [executive director] shall review on an annual basis the
person's national criminal history record information.
SECTION 8. Section 245.0535(i), Human Resources Code, is
amended to read as follows:
(i) Not later than December 31 [1] of each even-numbered
year, the department shall deliver a report of the results of
research conducted or coordinated under Subsection (h) to the
lieutenant governor, the speaker of the house of representatives,
and the standing committees of each house of the legislature with
primary jurisdiction over juvenile justice and corrections.
SECTION 9. Section 261.051(b), Human Resources Code, is
amended to read as follows:
(b) A person appointed as independent ombudsman is eligible
for reappointment [but may not serve more than three terms in that
capacity].
SECTION 10. Section 411.137, Government Code, is repealed.
SECTION 11. This Act takes effect September 1, 2013.
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