Texas 2015 - 84th Regular

Texas House Bill HB3303 Compare Versions

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

Old	New	Differences
1	1	84R15261 T
2	2	By: Miles H.B. No. 3303
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Office of the Independent Oversight
8	8	Ombudsman for the Texas Department of Criminal Justice.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 512, Government Code, is added to read as
11	11	follows:
12	12	CHAPTER 512. OFFICE OF THE INDEPENDENT OVERSIGHT OMBUDSMAN OF THE
13	13	TEXAS DEPARTMENT OF CRIMINAL JUSTICE
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 512.001. DEFINITIONS. In this chapter:
16	16	(1) "Department" means the Texas Department of
17	17	Criminal Justice.
18	18	(2) "Independent Oversight Ombudsman" means the
19	19	individual who has been appointed under this chapter to the office
20	20	of the independent oversight ombudsman.
21	21	(3) "Office" means the office of the independent
22	22	oversight ombudsman created under this chapter.
23	23	Sec. 512.002. ESTABLISHMENT; PURPOSE. The office of the
24	24	independent oversight ombudsman is a state agency established for
25	25	the purpose of investigating, evaluating, and securing the rights
26	26	of the individuals in department's custody, including an adult
27	27	released under supervision before final discharge. The office will
28	28	also be responsible for in-depth review and analysis of data,
29	29	determination of long-range-needs, identification of critical
30	30	issues and corresponding solutions, and assessment of the efficacy
31	31	of existing programs.
32	32	Sec. 512.003. INDEPENDENCE. (a) The independent
33	33	oversight ombudsman in the performance of its duties and powers
34	34	under this chapter acts independently of the department.
35	35	(b) Funding for the independent oversight ombudsman is
36	36	appropriated separately from funding for the department.
37	37	[Sections 512.004-512.050 reserved for expansion]
38	38	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
39	39	Sec. 512.051. APPOINTMENT OF INDEPENDENT OVERSIGHT
40	40	OMBUDSMAN. (a) The governor shall appoint the independent
41	41	oversight ombudsman with the advice and consent of the senate for a
42	42	term of two years, expiring February 1 of odd-numbered years.
43	43	(b) A person appointed as independent oversight ombudsman
44	44	is eligible for reappointment but may serve more than three terms in
45	45	that capacity.
46	46	(c) The governor shall appoint the independent oversight
47	47	ombudsman with the advice and consent of the senate for each of the
48	48	independent oversight ombudsman's subsequent terms of office.
49	49	Sec. 512.052. ASSISTANTS. The independent oversight
50	50	ombudsman may hire assistants to perform, under the direction of
51	51	the independent oversight ombudsman, the same duties and exercise
52	52	the same powers as the independent oversight ombudsman.
53	53	Sec. 512.053. CONFLICT OF INTEREST. (a) A person may not
54	54	serve as independent oversight ombudsman or as an assistant to the
55	55	independent oversight ombudsman if the person or the person's
56	56	spouse:
57	57	(1) is employed by or participates in the management
58	58	of a business entity or other organization receiving funds from the
59	59	department;
60	60	(2) owns or controls, directly or indirectly, any
61	61	interest in a business entity or other organization receiving funds
62	62	from the department; or
63	63	(3) uses or receives any amount of tangible goods,
64	64	services, or funds from the department.
65	65	(b) A person may not serve as independent oversight
66	66	ombudsman or as an assistant to the independent ombudsman if the
67	67	person or the person's spouse is required to register as a lobbyist
68	68	under Chapter 305, Government Code, because of the person's
69	69	activities for compensation on behalf of a profession related to
70	70	the operation of the department.
71	71	(c) A person may not serve as independent oversight
72	72	ombudsman or as an assistant to the independent oversight ombudsman
73	73	if the person or the person's spouse is an officer, employee,
74	74	manager, or paid consultant of a Texas trade association in the
75	75	field of criminal or juvenile justice.
76	76	(d) For the purposes of this section, a Texas trade
77	77	association is a nonprofit, cooperative, and voluntarily joined
78	78	association of business or professional competitors in this state
79	79	designed to assist its members and its industry or profession in
80	80	dealing with mutual business or professional problems and in
81	81	promoting their common interest.
82	82	Sec. 512.054. REPORT. (a) The independent oversight
83	83	ombudsman shall submit on a quarterly basis to the governor, the
84	84	lieutenant governor, the state auditor, and each member of the
85	85	legislature a report that is both aggregated and disaggregated by
86	86	individual facility and describes:
87	87	(1) the work of the independent oversight ombudsman;
88	88	(2) the results of any review or investigation
89	89	undertaken by the independent oversight ombudsman, including
90	90	reviews or investigation of services contracted by the department;
91	91	and
92	92	(3) any recommendations that the independent
93	93	oversight ombudsman has in relation to the duties of the
94	94	independent oversight ombudsman.
95	95	(b) The independent oversight ombudsman shall immediately
96	96	report to the governor, the lieutenant governor, the speaker of the
97	97	house of representatives, the state auditor, and the office of the
98	98	inspector general of the commission any particularly serious or
99	99	flagrant:
100	100	(1) case of abuse or injury of individual in the
101	101	department's custody or supervision;
102	102	(2) problem concerning the administration of a
103	103	department program or operation;
104	104	(3) problem concerning the delivery of services in a
105	105	facility operated by or under contract with the department; or
106	106	(4) interference by the department with an
107	107	investigation conducted by the office.
108	108	Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
109	109	department shall allow any individual in the department's custody
110	110	or supervision to communicate with the independent oversight
111	111	ombudsman or an assistant to the oversight ombudsman. The
112	112	communication:
113	113	(1) may be in person, by mail, or by any other means;
114	114	and
115	115	(2) is confidential and privileged.
116	116	(b) The records of the independent oversight ombudsman are
117	117	confidential, except that the independent oversight ombudsman
118	118	shall:
119	119	(1) share with the office of inspector general of the
120	120	department a communication with an individual that may involve
121	121	abuse or neglect; and
122	122	(2) disclose its nonprivileged records if required by
123	123	a court order on a showing of good cause.
124	124	(c) The independent oversight ombudsman may make reports
125	125	relating to an investigation public after the investigation is
126	126	complete but only if the names of all individuals, family members,
127	127	and employees are redacted from the report and remain confidential.
128	128	(d) The name, address, or other personally identifiable
129	129	information of a person who files a complaint with the office of
130	130	independent oversight ombudsman, information generated by the
131	131	office of independent oversight ombudsman in the course of an
132	132	investigation, and confidential records obtained by the office of
133	133	independent oversight ombudsman are confidential and not subject to
134	134	disclosure under Chapter 552, Government Code, except that the
135	135	information and records, other than confidential information and
136	136	records concerning a pending law enforcement investigation or
137	137	criminal action, may be disclosed to the appropriate person if the
138	138	office determines that disclosure is:
139	139	(1) in the general public interest;
140	140	(2) necessary to enable the office to perform the
141	141	responsibilities provided under this section; or
142	142	(3) necessary to identify, prevent, or treat physical
143	143	or sexual assault or neglect of anyone in the department's custody
144	144	or supervision.
145	145	Sec. 512.056. PROMOTION OF AWARENESS OF OFFICE. The
146	146	independent oversight ombudsman shall promote awareness among the
147	147	public and individuals in the department's custody or supervision
148	148	of:
149	149	(1) how the office may be contacted;
150	150	(2) the purpose of the office; and
151	151	(3) the services the office provides.
152	152	Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
153	153	shall establish policies and procedures for the operations of the
154	154	office of independent oversight ombudsman.
155	155	Sec. 512.058. AUTHORITY OF STATE AUDITOR. The office is
156	156	subject to audit by the state auditor in accordance with Chapter
157	157	321, Government Code.
158	158	[Sections 512.060-512.100 reserved for expansion]
159	159	SUBCHAPTER C. DUTIES AND POWERS
160	160	Sec. 512.101. DUTIES AND POWERS. (a) The independent
161	161	oversight ombudsman shall:
162	162	(1) review the procedures established by the
163	163	department and evaluate the delivery of services to individuals in
164	164	the department's custody or supervision to ensure that the rights
165	165	of individuals are fully observed;
166	166	(2) review complaints filed with the independent
167	167	oversight ombudsman concerning the actions of the department and
168	168	investigate each complaint in which it appears that an individual
169	169	may be in need of assistance from the independent oversight
170	170	ombudsman;
171	171	(3) conduct investigations of complaints, other than
172	172	complaints alleging criminal behavior, if the office determines
173	173	that:
174	174	(A) an individual in the department's custody or
175	175	supervision or the individual's family may be in need of assistance
176	176	from the office; or
177	177	(B) a systemic issue in the department's
178	178	provision of services is raised by a complaint;
179	179	(4) review or inspect periodically the facilities and
180	180	procedures of any institution or residence in which an individual
181	181	has been placed by the department, whether public or private, to
182	182	ensure that the rights of those in custody or supervision are fully
183	183	observed;
184	184	(5) provide assistance to an individual or family
185	185	member who the independent oversight ombudsman determines is in
186	186	need of assistance, including advocating with an agency, provider,
187	187	or other person in the best interests of the individual in custody
188	188	or supervision;
189	189	(6) review court orders as necessary to fulfill its
190	190	duties;
191	191	(7) recommend changes in any procedure relating to the
192	192	treatment of individuals in the department's custody or
193	193	supervision;
194	194	(8) make appropriate referrals under any of the duties
195	195	and powers listed in this subsection; and
196	196	(9) supervise assistants who are serving as advocates
197	197	in their representation of individual's in the department's custody
198	198	or supervision in internal administrative and disciplinary
199	199	hearings.
200	200	(b) The independent oversight ombudsman may apprise persons
201	201	who are interested in a individual's welfare of the rights of the
202	202	individual.
203	203	(c) To assess if an individual's rights have been violated,
204	204	the independent oversight ombudsman may, in any matter that does
205	205	not involve alleged criminal behavior, contact or consult with an
206	206	administrator, employee, family member, expert, another individual
207	207	in the department's custody or supervision, or any other individual
208	208	in the course of its investigation or to secure information.
209	209	(d) Notwithstanding any other provision of this chapter,
210	210	the independent oversight ombudsman may not investigate alleged
211	211	criminal behavior.
212	212	Sec.512.102. TREATMENT OF DEPARTMENT EMPLOYEES WHO
213	213	COOPERATE WITH INDEPENDENT OVERSIGHT OMBUDSMAN. The department may
214	214	not discharge or in any manner discriminate or retaliate against an
215	215	employee who in good faith makes a complaint to the office of
216	216	independent oversight ombudsman or cooperates with the office in an
217	217	investigation.
218	218	Sec. 512.103. TRAINING. The independent oversight
219	219	ombudsman shall attend annual sessions, including the training for
220	220	correctional officers, and may participate in other appropriate
221	221	professional training.
222	222	[Sections 512.104-512.150 reserved for expansion]
223	223	SUBCHAPTER D. ACCESS TO INFORMATION
224	224	Sec. 512.151. ACCESS TO INFORMATION OF GOVERNMENTAL
225	225	ENTITIES. (a) The department shall allow the independent
226	226	oversight ombudsman access to its records relating to the
227	227	individuals in the department's custody or supervision.
228	228	(b) The Department of Public Safety and any local law
229	229	enforcement agency shall allow the independent oversight ombudsman
230	230	access to its records relating to any individual in the
231	231	department's custody or supervision.
232	232	Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
233	233	The independent oversight ombudsman shall have access to the
234	234	records of a private entity that relate to an individual in the
235	235	department's custody or supervision.
236	236	Section 2. This Act takes effect immediately if it receives
237	237	a vote of two-thirds of all the members elected to each house, as
238	238	provided by Section 39, Article III, Texas Constitution. If this
239	239	Act does not receive the vote necessary for immediate effect, this
240	240	Act takes effect September 1, 2015.