By: Whitmire S.B. No. 1977
(In the Senate - Filed March 10, 2017; March 27, 2017, read
first time and referred to Committee on Criminal Justice;
April 18, 2017, reported favorably by the following vote: Yeas 7,
Nays 0; April 18, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the independent ombudsman for the
Texas Juvenile Justice Department to investigate and evaluate
certain juvenile facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.101(e), Human Resources Code, as
amended by Section 11(a), Chapter 854 (S.B. 1149), and Chapter 962
(S.B. 1630), Acts of the 84th Legislature, Regular Session, 2015,
is reenacted and amended to read as follows:
(e) Notwithstanding any other provision of this chapter,
the powers of the office include:
(1) evaluating the effective delivery of services in:
(A) facilities operated and services provided by
the department under Subtitle C;
(B) [(2)] post-adjudication correctional
facilities under Section 51.125, Family Code, or Section 152.0016
of this code; and
(C) [(3)] any other residential facility in
which a child adjudicated as having engaged in conduct indicating a
need for supervision or delinquent conduct is placed by court
order; and
(2) [(4)] the investigation of complaints alleging a
violation of the rights of the children placed in a facility
described by Subdivision (1) [(2) or (3)].
SECTION 2. Section 261.101(f), Human Resources Code, is
amended to read as follows:
(f) This subsection and Subsection [Subsections] (a-1) [and
(e)] expire December 31, 2018.
SECTION 3. Section 261.151, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) A facility described by Section 261.101(e)(1)(B) or (C)
shall allow the independent ombudsman access to the facility's
records relating to any child in the care or custody of the
facility.
SECTION 4. Section 11(b), Chapter 854 (S.B. 1149), Acts of
the 84th Legislature, Regular Session, 2015, which added Section
261.101(e), Human Resources Code, is repealed.
SECTION 5. 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, 2017.
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