84R15261 T
By: Miles H.B. No. 3303
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Office of the Independent Oversight
Ombudsman for the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 512, Government Code, is added to read as
follows:
CHAPTER 512. OFFICE OF THE INDEPENDENT OVERSIGHT OMBUDSMAN OF THE
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 512.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of
Criminal Justice.
(2) "Independent Oversight Ombudsman" means the
individual who has been appointed under this chapter to the office
of the independent oversight ombudsman.
(3) "Office" means the office of the independent
oversight ombudsman created under this chapter.
Sec. 512.002. ESTABLISHMENT; PURPOSE. The office of the
independent oversight ombudsman is a state agency established for
the purpose of investigating, evaluating, and securing the rights
of the individuals in department's custody, including an adult
released under supervision before final discharge. The office will
also be responsible for in-depth review and analysis of data,
determination of long-range-needs, identification of critical
issues and corresponding solutions, and assessment of the efficacy
of existing programs.
Sec. 512.003. INDEPENDENCE. (a) The independent
oversight ombudsman in the performance of its duties and powers
under this chapter acts independently of the department.
(b) Funding for the independent oversight ombudsman is
appropriated separately from funding for the department.
[Sections 512.004-512.050 reserved for expansion]
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec. 512.051. APPOINTMENT OF INDEPENDENT OVERSIGHT
OMBUDSMAN. (a) The governor shall appoint the independent
oversight ombudsman with the advice and consent of the senate for a
term of two years, expiring February 1 of odd-numbered years.
(b) A person appointed as independent oversight ombudsman
is eligible for reappointment but may serve more than three terms in
that capacity.
(c) The governor shall appoint the independent oversight
ombudsman with the advice and consent of the senate for each of the
independent oversight ombudsman's subsequent terms of office.
Sec. 512.052. ASSISTANTS. The independent oversight
ombudsman may hire assistants to perform, under the direction of
the independent oversight ombudsman, the same duties and exercise
the same powers as the independent oversight ombudsman.
Sec. 512.053. CONFLICT OF INTEREST. (a) A person may not
serve as independent oversight ombudsman or as an assistant to the
independent oversight ombudsman if the person or the person's
spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
department;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the department; or
(3) uses or receives any amount of tangible goods,
services, or funds from the department.
(b) A person may not serve as independent oversight
ombudsman or as an assistant to the independent ombudsman if the
person or the person's spouse is required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the department.
(c) A person may not serve as independent oversight
ombudsman or as an assistant to the independent oversight ombudsman
if the person or the person's spouse is an officer, employee,
manager, or paid consultant of a Texas trade association in the
field of criminal or juvenile justice.
(d) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
Sec. 512.054. REPORT. (a) The independent oversight
ombudsman shall submit on a quarterly basis to the governor, the
lieutenant governor, the state auditor, and each member of the
legislature a report that is both aggregated and disaggregated by
individual facility and describes:
(1) the work of the independent oversight ombudsman;
(2) the results of any review or investigation
undertaken by the independent oversight ombudsman, including
reviews or investigation of services contracted by the department;
and
(3) any recommendations that the independent
oversight ombudsman has in relation to the duties of the
independent oversight ombudsman.
(b) The independent oversight ombudsman shall immediately
report to the governor, the lieutenant governor, the speaker of the
house of representatives, the state auditor, and the office of the
inspector general of the commission any particularly serious or
flagrant:
(1) case of abuse or injury of individual in the
department's custody or supervision;
(2) problem concerning the administration of a
department program or operation;
(3) problem concerning the delivery of services in a
facility operated by or under contract with the department; or
(4) interference by the department with an
investigation conducted by the office.
Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
department shall allow any individual in the department's custody
or supervision to communicate with the independent oversight
ombudsman or an assistant to the oversight ombudsman. The
communication:
(1) may be in person, by mail, or by any other means;
and
(2) is confidential and privileged.
(b) The records of the independent oversight ombudsman are
confidential, except that the independent oversight ombudsman
shall:
(1) share with the office of inspector general of the
department a communication with an individual that may involve
abuse or neglect; and
(2) disclose its nonprivileged records if required by
a court order on a showing of good cause.
(c) The independent oversight ombudsman may make reports
relating to an investigation public after the investigation is
complete but only if the names of all individuals, family members,
and employees are redacted from the report and remain confidential.
(d) The name, address, or other personally identifiable
information of a person who files a complaint with the office of
independent oversight ombudsman, information generated by the
office of independent oversight ombudsman in the course of an
investigation, and confidential records obtained by the office of
independent oversight ombudsman are confidential and not subject to
disclosure under Chapter 552, Government Code, except that the
information and records, other than confidential information and
records concerning a pending law enforcement investigation or
criminal action, may be disclosed to the appropriate person if the
office determines that disclosure is:
(1) in the general public interest;
(2) necessary to enable the office to perform the
responsibilities provided under this section; or
(3) necessary to identify, prevent, or treat physical
or sexual assault or neglect of anyone in the department's custody
or supervision.
Sec. 512.056. PROMOTION OF AWARENESS OF OFFICE. The
independent oversight ombudsman shall promote awareness among the
public and individuals in the department's custody or supervision
of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
shall establish policies and procedures for the operations of the
office of independent oversight ombudsman.
Sec. 512.058. AUTHORITY OF STATE AUDITOR. The office is
subject to audit by the state auditor in accordance with Chapter
321, Government Code.
[Sections 512.060-512.100 reserved for expansion]
SUBCHAPTER C. DUTIES AND POWERS
Sec. 512.101. DUTIES AND POWERS. (a) The independent
oversight ombudsman shall:
(1) review the procedures established by the
department and evaluate the delivery of services to individuals in
the department's custody or supervision to ensure that the rights
of individuals are fully observed;
(2) review complaints filed with the independent
oversight ombudsman concerning the actions of the department and
investigate each complaint in which it appears that an individual
may be in need of assistance from the independent oversight
ombudsman;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the office determines
that:
(A) an individual in the department's custody or
supervision or the individual's family may be in need of assistance
from the office; or
(B) a systemic issue in the department's
provision of services is raised by a complaint;
(4) review or inspect periodically the facilities and
procedures of any institution or residence in which an individual
has been placed by the department, whether public or private, to
ensure that the rights of those in custody or supervision are fully
observed;
(5) provide assistance to an individual or family
member who the independent oversight ombudsman determines is in
need of assistance, including advocating with an agency, provider,
or other person in the best interests of the individual in custody
or supervision;
(6) review court orders as necessary to fulfill its
duties;
(7) recommend changes in any procedure relating to the
treatment of individuals in the department's custody or
supervision;
(8) make appropriate referrals under any of the duties
and powers listed in this subsection; and
(9) supervise assistants who are serving as advocates
in their representation of individual's in the department's custody
or supervision in internal administrative and disciplinary
hearings.
(b) The independent oversight ombudsman may apprise persons
who are interested in a individual's welfare of the rights of the
individual.
(c) To assess if an individual's rights have been violated,
the independent oversight ombudsman may, in any matter that does
not involve alleged criminal behavior, contact or consult with an
administrator, employee, family member, expert, another individual
in the department's custody or supervision, or any other individual
in the course of its investigation or to secure information.
(d) Notwithstanding any other provision of this chapter,
the independent oversight ombudsman may not investigate alleged
criminal behavior.
Sec.512.102. TREATMENT OF DEPARTMENT EMPLOYEES WHO
COOPERATE WITH INDEPENDENT OVERSIGHT OMBUDSMAN. The department may
not discharge or in any manner discriminate or retaliate against an
employee who in good faith makes a complaint to the office of
independent oversight ombudsman or cooperates with the office in an
investigation.
Sec. 512.103. TRAINING. The independent oversight
ombudsman shall attend annual sessions, including the training for
correctional officers, and may participate in other appropriate
professional training.
[Sections 512.104-512.150 reserved for expansion]
SUBCHAPTER D. ACCESS TO INFORMATION
Sec. 512.151. ACCESS TO INFORMATION OF GOVERNMENTAL
ENTITIES. (a) The department shall allow the independent
oversight ombudsman access to its records relating to the
individuals in the department's custody or supervision.
(b) The Department of Public Safety and any local law
enforcement agency shall allow the independent oversight ombudsman
access to its records relating to any individual in the
department's custody or supervision.
Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
The independent oversight ombudsman shall have access to the
records of a private entity that relate to an individual in the
department's custody or supervision.
Section 2. 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, 2015.