84R2240 KJE-F
By: Whitmire S.B. No. 746
A BILL TO BE ENTITLED
AN ACT
relating to the civil commitment of sexually violent predators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 841.002(3), (4), (5), and (8), Health
and Safety Code, are amended to read as follows:
(3) "Case manager" means a person employed by or under
contract with the office to perform duties related to the
[outpatient] treatment and supervision of a person committed under
this chapter.
(4) "Office" means the Texas Civil Commitment Office
[of Violent Sex Offender Management].
(5) "Predatory act" means an act directed toward:
(A) a stranger;
(B) a person of casual acquaintance with whom no
substantial personal relationship exists; or
(C) a person with whom a relationship has been
established or promoted [individuals, including family members,]
for the primary purpose of victimization.
(8) "Sexually violent offense" means:
(A) an offense under Section 21.02,
[21.11(a)(1),] 22.011, or 22.021, Penal Code;
(B) an offense under Section 20.04(a)(4), Penal
Code, if the person committed the offense with the intent to violate
or abuse the victim sexually;
(C) an offense under Section 30.02, Penal Code,
if the offense is punishable under Subsection (d) of that section
and the person committed the offense with the intent to commit an
offense listed in Paragraph (A) or (B);
(D) an offense under Section 19.02 or 19.03,
Penal Code, that, during the guilt or innocence phase or the
punishment phase for the offense, during the adjudication or
disposition of delinquent conduct constituting the offense, or
subsequently during a civil commitment proceeding under Subchapter
D, is determined beyond a reasonable doubt to have been based on
sexually motivated conduct;
(E) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense listed in
Paragraph (A), (B), (C), or (D);
(F) an offense under prior state law that
contains elements substantially similar to the elements of an
offense listed in Paragraph (A), (B), (C), (D), or (E); or
(G) an offense under the law of another state,
federal law, or the Uniform Code of Military Justice that contains
elements substantially similar to the elements of an offense listed
in Paragraph (A), (B), (C), (D), or (E).
SECTION 2. Section 841.003(b), Health and Safety Code, is
amended to read as follows:
(b) A person is a repeat sexually violent offender for the
purposes of this chapter [if the person is convicted of more than
one sexually violent offense and a sentence is imposed for at least
one of the offenses or] if:
(1) the person:
(A) is convicted of a sexually violent offense,
regardless of whether the sentence for the offense was ever imposed
or whether the sentence was probated and the person was
subsequently discharged from community supervision;
(B) enters a plea of guilty or nolo contendere
for a sexually violent offense in return for a grant of deferred
adjudication;
(C) is adjudged not guilty by reason of insanity
of a sexually violent offense; or
(D) is adjudicated by a juvenile court as having
engaged in delinquent conduct constituting a sexually violent
offense and is committed to the Texas Juvenile Justice Department
under Section 54.04(d)(3) or (m), Family Code; and
(2) after the date on which under Subdivision (1) the
person is convicted, receives a grant of deferred adjudication, is
adjudged not guilty by reason of insanity, or is adjudicated by a
juvenile court as having engaged in delinquent conduct, the person
commits a sexually violent offense for which the person:
(A) is convicted, but only if the sentence for
the offense is imposed; or
(B) is adjudged not guilty by reason of insanity.
SECTION 3. Section 841.007, Health and Safety Code, is
amended to read as follows:
Sec. 841.007. DUTIES OF TEXAS CIVIL COMMITMENT OFFICE [OF
VIOLENT SEX OFFENDER MANAGEMENT]. The Texas Civil Commitment
Office [of Violent Sex Offender Management] is responsible for:
(1) providing appropriate and necessary treatment and
supervision for committed persons through the case management
system; and
(2) developing and implementing a sex offender
treatment program for persons committed under this chapter.
SECTION 4. Subchapter A, Chapter 841, Health and Safety
Code, is amended by adding Section 841.008 to read as follows:
Sec. 841.008. RIGHTS OF COMMITTED PERSONS. (a) In this
section, "individualized treatment" means treatment:
(1) based on a diagnostic assessment that is tailored
to a committed person; and
(2) with specific goals and objectives that are
appropriate to the person and the office's treatment program.
(b) A person committed under this chapter:
(1) has the right to adequate care and individualized
treatment;
(2) does not forfeit any legal right or suffer any
legal disability as a consequence of that commitment, other than as
specifically provided by this chapter or other law; and
(3) is entitled to seek relief from commitment by any
available legal method, including by application for writ of habeas
corpus.
SECTION 5. Section 841.021, Health and Safety Code, is
amended to read as follows:
Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Except as
provided by Subsection (d), before [Before] the person's
anticipated sentence discharge [release] date, the Texas
Department of Criminal Justice shall give to the multidisciplinary
team established under Section 841.022 written notice of the
anticipated sentence discharge [release] of a person who:
(1) is serving a sentence for:
(A) a sexually violent offense described by
Section 841.002(8)(A), (B), or (C); or
(B) what is, or as described by this chapter what
the department reasonably believes may be determined to be, a
sexually violent offense described by Section 841.002(8)(D);
(2) is not released or scheduled to be released on
parole or to mandatory supervision; and
(3) [(2)] may be a repeat sexually violent offender.
(b) Except as provided by Subsection (d), before [Before]
the person's anticipated discharge date from a state hospital, the
Department of State Health Services shall give to the
multidisciplinary team established under Section 841.022 written
notice of the anticipated discharge of a person who:
(1) is committed to the department after having been
adjudged not guilty by reason of insanity of:
(A) a sexually violent offense described by
Section 841.002(8)(A), (B), or (C); or
(B) what is, or as described by this chapter what
the department reasonably believes may be determined to be, a
sexually violent offense described by Section 841.002(8)(D); and
(2) may be a repeat sexually violent offender.
(c) The Texas Department of Criminal Justice or the
Department of State Health Services, as appropriate, shall give the
notice described by Subsection (a) or (b) not later than the first
day of the 16th month before the person's anticipated sentence
[release or] discharge date or anticipated discharge date from a
state hospital, but under exigent circumstances may give the notice
at any time before that [the anticipated release or discharge]
date. The notice must contain the following information:
(1) the person's name, identifying factors,
anticipated residence after [release or] discharge, and criminal
history;
(2) documentation of the person's institutional
adjustment and actual treatment; and
(3) an assessment of the likelihood that the person
will commit a sexually violent offense after [release or]
discharge.
(d) The Texas Department of Criminal Justice and the
Department of State Health Services may not provide notice under
Subsection (a) or (b) of the anticipated discharge date of a person
for whom the department has previously provided notice under this
section and who has been previously recommended for an assessment
under Section 841.022 unless, after the recommendation for
assessment was made:
(1) the person is convicted of, or adjudged not guilty
by reason of insanity of, a new sexually violent offense; or
(2) the person's parole or mandatory supervision is
revoked based on:
(A) the commission of a new sexually violent
offense;
(B) failure to adhere to the requirements of sex
offender treatment and supervision; or
(C) failure to register as a sex offender.
SECTION 6. Section 841.022, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(a-1) to read as follows:
(a) The executive director of the Texas Department of
Criminal Justice and the commissioner of the Department of State
Health Services jointly shall establish a multidisciplinary team to
review available records of a person referred to the team under
Section 841.021. The team must include:
(1) a mental health professional [one person] from the
Department of State Health Services;
(2) two persons from the Texas Department of Criminal
Justice as follows:[,]
(A) one person [of whom must be] from the victim
services office; and
(B) one person from the sex offender
rehabilitation program in the rehabilitation programs division [of
that department];
(3) a licensed peace officer who is employed by the
Department of Public Safety and who has at least five years'
experience working for that department [one person from the
Department of Public Safety];
(4) two persons from the office [or office personnel];
and
(5) a licensed sex offender treatment provider [one
person] from the Council on Sex Offender Treatment.
(a-1) The Texas Department of Criminal Justice, in
consultation with the office, shall provide training to the members
of the multidisciplinary team regarding the civil commitment
program under this chapter, including training regarding:
(1) eligibility criteria for commitment;
(2) the process for evaluating persons for commitment;
and
(3) the sex offender treatment program for persons
committed under this chapter.
(c) Not later than the 60th day after the date the
multidisciplinary team receives notice under Section 841.021(a) or
(b), the team shall:
(1) assess whether the person is a repeat sexually
violent offender and whether the person is likely to commit a
sexually violent offense after [release or] discharge;
(2) give notice of that assessment to the Texas
Department of Criminal Justice or the [Texas] Department of State
Health Services [Mental Health and Mental Retardation], as
appropriate; and
(3) recommend the assessment of the person for a
behavioral abnormality, as appropriate.
SECTION 7. Section 841.041, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(c) to read as follows:
(a) Except as provided by Subsection (a-1), if [If] a person
is referred to the attorney representing the state under Section
841.023, the attorney may file, with the presiding judge of the
Second Administrative Judicial Region [in a Montgomery County
district court other than a family district court], a petition
alleging that the person is a sexually violent predator and stating
facts sufficient to support the allegation.
(a-1) A petition may not be filed against a person who is
released on parole or to mandatory supervision.
(c) Not later than the 30th day after the date the petition
is filed, the presiding judge of the Second Administrative Judicial
Region shall assign the petition to a district court in the region,
other than a family district court.
SECTION 8. Section 841.061(a), Health and Safety Code, is
amended to read as follows:
(a) The applicable district court [Not later than the 270th
day after the date a petition is served on the person under Section
841.041, the] judge shall conduct a trial to determine whether a
[the] person is a sexually violent predator not later than the 270th
day after the later of:
(1) the date on which the petition is assigned under
Section 841.041 to the district court; or
(2) the date the petition is served on the person.
SECTION 9. Subchapter D, Chapter 841, Health and Safety
Code, is amended by adding Section 841.065 to read as follows:
Sec. 841.065. AGREED ORDER. An agreed order of civil
commitment must require the person to submit to the treatment and
supervision administered by the office.
SECTION 10. Section 841.081, Health and Safety Code, is
amended to read as follows:
Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. (a) If at a
trial conducted under Subchapter D the judge or jury determines
that the person is a sexually violent predator, the judge shall
commit the person for [outpatient] treatment and supervision to be
coordinated by the office [case manager]. The commitment order is
effective immediately on entry of the order, except that the
[outpatient] treatment and supervision begins on the person's
discharge [release] from a secure correctional facility or
[discharge from] a state hospital and continues until the person's
behavioral abnormality has changed to the extent that the person is
no longer likely to engage in a predatory act of sexual violence.
(b) At any time after entry of a commitment order under
Subsection (a), the office [case manager] may provide to the person
instruction regarding the requirements associated with the order,
regardless of whether the person is incarcerated at the time of the
instruction.
SECTION 11. Sections 841.082(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Before entering an order directing a person's
[outpatient] civil commitment, the judge shall impose on the person
requirements necessary to ensure the person's compliance with
treatment and supervision and to protect the community. The
requirements shall include:
(1) requiring the person to reside where instructed
[in a Texas residential facility under contract with the office or
at another location or facility approved] by the office;
(2) prohibiting the person's contact with a victim [or
potential victim] of the person;
(3) [prohibiting the person's possession or use of
alcohol, inhalants, or a controlled substance;
[(4)] requiring the person's participation in and
compliance with the sex offender treatment program [a specific
course of treatment] provided by the office and compliance with all
written requirements imposed by the [case manager or otherwise by
the] office;
(4) [(5)] requiring the person to:
(A) submit to tracking under a particular type of
tracking service and to any other appropriate supervision; and
(B) refrain from tampering with, altering,
modifying, obstructing, or manipulating the tracking equipment;
and
(5) [(6)] prohibiting the person from [changing the
person's residence without prior authorization from the judge and
from] leaving the state without [that] prior authorization from the
office[;
[(7) if determined appropriate by the judge,
establishing a child safety zone in the same manner as a child
safety zone is established by a judge under Section 13B, Article
42.12, Code of Criminal Procedure, and requiring the person to
comply with requirements related to the safety zone; and
[(8) any other requirements determined necessary by
the judge].
(b) A tracking service to which a person is required to
submit under Subsection (a)(4) [(a)(5)] must:
(1) track the person's location in real time;
(2) be able to provide a real-time report of the
person's location to the office on [case manager at the case
manager's] request; and
(3) periodically provide a cumulative report of the
person's location to the office [case manager].
SECTION 12. Subchapter E, Chapter 841, Health and Safety
Code, is amended by adding Section 841.0821 to read as follows:
Sec. 841.0821. SEX OFFENDER TREATMENT BEFORE DISCHARGE FROM
SECURE CORRECTIONAL FACILITY. (a) The Texas Department of
Criminal Justice shall prioritize enrolling a committed person in a
sex offender treatment program established by the department.
(b) The Texas Department of Criminal Justice and the office
shall adopt a memorandum of understanding that establishes their
respective responsibilities to institute a continuity of care for
committed persons enrolled in a sex offender treatment program
established by the department.
SECTION 13. Section 841.083, Health and Safety Code, is
amended to read as follows:
Sec. 841.083. TREATMENT; SUPERVISION. (a) The office
shall determine the conditions of supervision and treatment of a
committed person [approve and contract for the provision of a
treatment plan for the committed person to be developed by the
treatment provider. A treatment plan may include the monitoring of
the person with a polygraph or plethysmograph. The treatment
provider may receive annual compensation in an amount not to exceed
$10,000 for providing the required treatment].
(b) The office [case manager] shall provide supervision to
the person. The provision of supervision must include a tracking
service and, if determined necessary by the office [required by
court order], supervised housing.
(c) The office shall enter into appropriate memoranda of
understanding with the Texas Department of Criminal Justice
[Department of Public Safety] for the provision of a tracking
service and with the Department of Public Safety and local law
enforcement authorities for assistance in the preparation of
criminal complaints, warrants, and related documents and in the
apprehension and arrest of a person.
(d) The office shall enter into appropriate contracts
[memoranda of understanding] for any necessary supervised housing
and other services, including medical and mental health services
and sex offender treatment. [The office shall reimburse the
applicable provider for housing costs under this section.]
(e) The case manager shall:
(1) coordinate the [outpatient] treatment and
supervision required by this chapter, including performing a
periodic assessment of the success of that treatment and
supervision; and
(2) [make timely recommendations to the judge on
whether to allow the committed person to change residence or to
leave the state and on any other appropriate matters; and
[(3)] provide a report to the office, semiannually or
more frequently as necessary, which must include[:
[(A)] any known change in the person's status
that affects proper treatment and supervision[; and
[(B) any recommendations made to the judge].
SECTION 14. Subchapter E, Chapter 841, Health and Safety
Code, is amended by adding Sections 841.0831, 841.0832, 841.0833,
841.0834, and 841.0835 to read as follows:
Sec. 841.0831. TIERED PROGRAM. (a) The office shall
develop a tiered program for the supervision and treatment of a
committed person.
(b) The tiered program must provide for the seamless
transition of a committed person from a total confinement facility
to less restrictive housing and supervision and eventually to
release from civil commitment, based on the person's behavior and
progress in treatment.
Sec. 841.0832. HOUSING FACILITIES. (a) The office shall
operate, or contract with a vendor to operate, one or more
facilities to house committed persons.
(b) The office shall designate a facility under Subsection
(a) to serve as an intake and orientation facility for committed
persons on sentence discharge or discharge from a state hospital.
Sec. 841.0833. SECURITY AND MONITORING. The office shall
develop procedures for the security and monitoring of committed
persons in each programming tier.
Sec. 841.0834. MOVEMENT BETWEEN PROGRAMMING TIERS. (a)
The office shall transfer a committed person to less restrictive
housing and supervision if the transfer is in the best interests of
the person and conditions can be imposed that adequately protect
the community.
(b) Without the office's approval, a committed person may
file a petition with the court for transfer to less restrictive
housing and supervision. The court shall grant the transfer if the
court determines by clear and convincing evidence that the transfer
is in the best interests of the person and conditions can be imposed
that adequately protect the community.
(c) The office shall return a committed person who has been
transferred to less restrictive housing and supervision to a more
restrictive setting if the office considers the transfer necessary
to further treatment and to protect the community. The decision to
transfer the person must be based on the person's behavior or
progress in treatment.
(d) A committed person returned to a more restrictive
setting under Subsection (c) is entitled to file a petition with the
court seeking review of the office's determination. The court shall
order the office to transfer the person to less restrictive housing
and supervision only if the court determines that the office's
determination was arbitrary, irrational, or not made in accordance
with Subsection (c).
Sec. 841.0835. COMMITTED PERSONS WITH SPECIAL NEEDS. The
Health and Human Services Commission shall coordinate with the
office to provide psychiatric services, disability services, and
housing for a committed person with an intellectual or
developmental disability, a mental illness, or a physical
disability that prevents the person from effectively participating
in the sex offender treatment program administered by the office.
SECTION 15. Section 841.084, Health and Safety Code, is
amended to read as follows:
Sec. 841.084. PAYMENT OF COSTS BY COMMITTED PERSON [COST OF
TRACKING SERVICE]. (a) Notwithstanding Section 841.146(c), a
civilly committed person who is not indigent:
(1) is responsible for the cost of:
(A) housing and treatment provided under this
chapter; and
(B) the tracking service required by Section
841.082; and
(2) monthly shall pay to the office the amount that the
office determines will be necessary to defray the cost of providing
the housing, treatment, and [operating the] service with respect to
the person [during the subsequent month. The office immediately
shall transfer the money to the appropriate service provider].
(b) Money collected under this section shall be deposited to
the credit of the account from which the costs were originally paid.
SECTION 16. Section 841.085(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if, after having been
adjudicated and civilly committed as a sexually violent predator
under this chapter, the person violates a civil commitment
requirement imposed under Section 841.082(a)(1), (2), (4), or (5)
pursuant to a civil commitment order that is not subject to appeal
at the time of the offense [841.082].
SECTION 17. Section 841.101(b), Health and Safety Code, is
amended to read as follows:
(b) In preparation for a judicial review conducted under
Section 841.102, the office [case manager] shall provide a report
of the biennial examination to the judge. The report must include
consideration of whether to modify a requirement imposed on the
person under this chapter and whether to release the person from all
requirements imposed on the person under this chapter. [The case
manager shall provide a copy of the report to the office.]
SECTION 18. Section 841.102(a), Health and Safety Code, is
amended to read as follows:
(a) Not later than the 60th day after the date of receipt of
the report submitted under Section 841.101, the [The] judge shall
conduct a biennial review of the status of the committed person and
issue an order concluding the review or setting a hearing under
Subsection (c).
SECTION 19. Subchapter F, Chapter 841, Health and Safety
Code, is amended by adding Section 841.104 to read as follows:
Sec. 841.104. INTERLOCUTORY APPEAL. An order denying a
hearing under Section 841.102(c) or a release from civil commitment
after a hearing under that subsection is subject to interlocutory
appeal to an appropriate appellate court.
SECTION 20. Section 841.121(a), Health and Safety Code, is
amended to read as follows:
(a) If the office [case manager] determines that the
committed person's behavioral abnormality has changed to the extent
that the person is no longer likely to engage in a predatory act of
sexual violence, the office [case manager] shall authorize the
person to petition the court for release.
SECTION 21. Section 841.122, Health and Safety Code, is
amended to read as follows:
Sec. 841.122. RIGHT TO FILE UNAUTHORIZED PETITION FOR
RELEASE. On a person's commitment and annually after that
commitment, the office [case manager] shall provide the person with
written notice of the person's right to file with the court and
without the office's [case manager's] authorization a petition for
release.
SECTION 22. Sections 841.123(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) If the committed person files a petition for release
without the office's [case manager's] authorization, the person
shall serve the petition on the court and the attorney representing
the state.
(b) The judge shall review and issue a ruling on [On receipt
of] a petition for release filed by the committed person without the
office's [case manager's] authorization not later than the 60th day
after the date of filing of the petition [, the judge shall attempt
as soon as practicable to review the petition].
(c) Except as provided by Subsection (d), the judge shall
deny without a hearing a petition for release filed without the
office's [case manager's] authorization if the petition is
frivolous or if:
(1) the petitioner previously filed without the
office's [case manager's] authorization another petition for
release; and
(2) the judge determined on review of the previous
petition or following a hearing that:
(A) the petition was frivolous; or
(B) the petitioner's behavioral abnormality had
not changed to the extent that the petitioner was no longer likely
to engage in a predatory act of sexual violence.
SECTION 23. Section 841.124(a), Health and Safety Code, is
amended to read as follows:
(a) If as authorized by Section 841.123 the judge does not
deny a petition for release filed by the committed person without
the office's [case manager's] authorization, the judge shall
conduct [as soon as practicable] a hearing on the petition not later
than the 60th day after the date of filing of the petition.
SECTION 24. Subchapter G, Chapter 841, Health and Safety
Code, is amended by adding Section 841.125 to read as follows:
Sec. 841.125. INTERLOCUTORY APPEAL. An order denying an
authorized or unauthorized petition for release under this
subchapter or denying a release from civil commitment after a
hearing under Section 841.124 is subject to interlocutory appeal to
an appropriate appellate court.
SECTION 25. Section 841.141(b), Health and Safety Code, is
amended to read as follows:
(b) The office [by rule] shall adopt rules to:
(1) develop standards of care and case management for
persons committed under this chapter;
(2) determine the conditions of supervision and
treatment of a committed person; and
(3) develop and implement the tiered program described
by Section 841.0831, including rules regarding a committed person's
transition between programming tiers.
SECTION 26. Section 841.142(b), Health and Safety Code, is
amended to read as follows:
(b) To protect the public and to enable the provision of
supervision and treatment to a person who is a sexually violent
predator, any entity that possesses relevant information relating
to the person shall release the information to the office [case
manager].
SECTION 27. Section 841.146(c), Health and Safety Code, is
amended to read as follows:
(c) In an amount not to exceed $2,500, the State of Texas
shall pay all costs associated with a civil commitment proceeding
conducted under Subchapter D. The State of Texas shall pay the
reasonable costs of state or appointed counsel or experts for any
other civil commitment proceeding conducted under this chapter and
shall pay the reasonable costs of the person's [outpatient]
treatment and supervision.
SECTION 28. Section 841.150, Health and Safety Code, is
amended to read as follows:
Sec. 841.150. EFFECT OF SUBSEQUENT DETENTION, CONFINEMENT,
OR COMMITMENT [OR CONFINEMENT] ON ORDER OF CIVIL COMMITMENT. (a)
The duties imposed by this chapter are suspended for the duration of
a detention or [any] confinement of a committed person in a
correctional facility, secure correctional facility, or secure
detention facility, or if applicable any other commitment of the
[a] person to a community center, mental health facility, or state
supported living center [school], by governmental action.
(b) In this section:
(1) "Community center" means a center established
under Subchapter A, Chapter 534.
(2) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(3) "Mental health facility" has the meaning assigned
by Section 571.003.
(4) "Secure correctional facility" and "secure
detention facility" have the meanings assigned by Section 51.02,
Family Code.
(5) "State supported living center" [(3) "State
school"] has the meaning assigned by Section 531.002.
SECTION 29. Sections 841.151(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) This section applies to a person who has been civilly
committed under this chapter and who is detained or confined in a
correctional facility, secure correctional facility, or secure
detention facility as a result of violating:
(1) a civil commitment requirement imposed under
Section 841.082(a)(1), (2), (4), or (5) [841.082]; or
(2) a law of this state.
(c) Not later than the day preceding the date a correctional
facility, secure correctional facility, or secure detention
facility releases a person who, at the time of the person's
detention or confinement, was civilly committed under this chapter
as a sexually violent predator, the facility shall notify the
office and the person's case manager in writing of the anticipated
date and time of the person's release.
SECTION 30. Section 51.014(a), Civil Practice and Remedies
Code, as amended by Chapters 44 (H.B. 200) and 1042 (H.B. 2935),
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007; [or]
(12) denies a motion to dismiss filed under Section
27.003;
(13) [(12)] denies a motion for summary judgment filed
by an electric utility regarding liability in a suit subject to
Section 75.0022; or
(14) denies a hearing, petition, or release from civil
commitment under Subchapter F or G, Chapter 841, Health and Safety
Code.
SECTION 31. Section 51.014(b), Civil Practice and Remedies
Code, as amended by Chapters 916 (H.B. 1366) and 1042 (H.B. 2935),
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended to read as follows:
(b) An interlocutory appeal under Subsection (a), other
than an appeal under Subsection (a)(4) or in a suit brought under
the Family Code, stays the commencement of a trial in the trial
court pending resolution of the appeal. An interlocutory appeal
under Subsection (a)(3), (5), (8), [or] (12), or (14) also stays all
other proceedings in the trial court pending resolution of that
appeal.
SECTION 32. Article 13.315, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.315. FAILURE TO COMPLY WITH SEXUALLY VIOLENT
PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section
841.085, Health and Safety Code, may be prosecuted in the county in
which any element of the offense occurs or in the court that retains
jurisdiction over the civil commitment proceeding under Section
841.082, Health and Safety Code [Montgomery County].
SECTION 33. Section 411.1389, Government Code, is amended
to read as follows:
Sec. 411.1389. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS CIVIL COMMITMENT OFFICE [OF VIOLENT SEX
OFFENDER MANAGEMENT]. (a) The Texas Civil Commitment Office [of
Violent Sex Offender Management] is entitled to obtain from the
department criminal history record information that is maintained
by the department and that relates to a person who has applied with
the office to be:
(1) an employee of the office; or
(2) a contracted service provider with the office.
(b) Criminal history record information obtained by the
Texas Civil Commitment Office [of Violent Sex Offender Management]
under Subsection (a) may not be released or disclosed to any person
or agency except on court order or with the consent of the person
who is the subject of the information.
(c) The Texas Civil Commitment Office [of Violent Sex
Offender Management] shall destroy criminal history record
information obtained under Subsection (a) as soon as practicable
after the date on which, as applicable:
(1) the person's employment or contract with the
office terminates; or
(2) the office decides not to employ or contract with
the person.
SECTION 34. The heading to Chapter 420A, Government Code,
is amended to read as follows:
CHAPTER 420A. TEXAS CIVIL COMMITMENT OFFICE [OF VIOLENT SEX
OFFENDER MANAGEMENT]
SECTION 35. Section 420A.001, Government Code, is amended
to read as follows:
Sec. 420A.001. DEFINITIONS. In this chapter:
(1) "Board" means the governing board of the Texas
Civil Commitment Office [of Violent Sex Offender Management].
(2) "Office" means the Texas Civil Commitment Office
[of Violent Sex Offender Management].
SECTION 36. Sections 420A.002(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The Texas Civil Commitment Office [of Violent Sex
Offender Management] is a state agency.
(b) The office is governed by a board composed of five [the
following three] members appointed by the governor, including:
(1) one member experienced in the management of sex
offenders;
(2) one member experienced in the investigation or
prosecution of sex offenses; and
(3) one member experienced in counseling or advocating
on behalf of victims of sexual assault.
(c) Members of the board serve staggered two-year terms.
Three [Two] members' terms expire February 1 of each even-numbered
year and two members' terms expire [one member's term expires]
February 1 of each odd-numbered year.
SECTION 37. Section 420A.004, Government Code, is amended
to read as follows:
Sec. 420A.004. SUNSET PROVISION. The Texas Civil
Commitment Office [of Violent Sex Offender Management] is subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the office is abolished and this
chapter expires September 1, 2023.
SECTION 38. Section 24.579(b), Government Code, is
repealed.
SECTION 39. The changes in law made by this Act to Chapter
841, Health and Safety Code, apply to a civil commitment proceeding
under that chapter that is initiated on or after the effective date
of this Act, regardless of when the applicable petition for civil
commitment was filed.
SECTION 40. The change in law made by this Act in amending
Section 841.085, Health and Safety Code, applies to an offense
committed before, on, or after the effective date of this Act,
except that a final conviction for an offense under that section
that exists on the effective date of this Act remains unaffected by
this Act.
SECTION 41. As soon as practicable after the effective date
of this Act, the governor shall appoint the additional members to
the governing board of the Texas Civil Commitment Office, as
required by Section 420A.002, Government Code, as amended by this
Act. In making those appointments, the governor shall appoint one
member to a term expiring February 1, 2016, and one member to a term
expiring February 1, 2017.
SECTION 42. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 43. This Act takes effect September 1, 2015.