Texas 2019 - 86th Regular

Texas House Bill HB1621 Compare Versions

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

Old	New	Differences
1	1	86R6922 KJE-D
2	2	By: White H.B. No. 1621
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a public junior college district
8	8	by the Texas Department of Criminal Justice.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 130, Education Code, is amended by
11	11	adding Subchapter N to read as follows:
12	12	SUBCHAPTER N. JUNIOR COLLEGE DISTRICT IN TEXAS DEPARTMENT OF
13	13	CRIMINAL JUSTICE
14	14	Sec. 130.401. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the Texas Board of Criminal Justice.
16	16	(2) "Coordinating board" means the Texas Higher
17	17	Education Coordinating Board.
18	18	(3) "Department" means the Texas Department of
19	19	Criminal Justice.
20	20	(4) "District" means the public junior college
21	21	district established under this subchapter.
22	22	Sec. 130.402. ESTABLISHMENT; OPERATION. (a) The
23	23	department may establish a public junior college district to
24	24	operate public junior college campuses at the department's
25	25	facilities.
26	26	(b) The board is the district's governing board and shall
27	27	provide for the operation of the district in the manner the board
28	28	considers appropriate.
29	29	Sec. 130.403. SUNSET PROVISION. The district is subject to
30	30	review under Chapter 325, Government Code (Texas Sunset Act), and
31	31	shall be reviewed during the period in which the department is
32	32	reviewed.
33	33	Sec. 130.404. APPLICABILITY OF CODE; LIMITATION ON POWERS.
34	34	(a) Unless otherwise specifically provided, a provision of this
35	35	code applying to a public junior college district or to the
36	36	governing board of a public junior college district does not apply
37	37	to the district or to the board.
38	38	(b) The district may not impose a tax.
39	39	Sec. 130.405. GOALS. The goals of the district in educating
40	40	the district's students are to:
41	41	(1) reduce recidivism;
42	42	(2) reduce the cost of confinement or imprisonment;
43	43	(3) increase the success of former inmates in
44	44	obtaining and maintaining employment; and
45	45	(4) provide an incentive to inmates to behave in
46	46	positive ways during confinement or imprisonment.
47	47	Sec. 130.406. GENERAL DUTIES. The district shall:
48	48	(1) develop educational programs specifically
49	49	designed for persons eligible under Section 130.407 and ensure that
50	50	those programs are integrated with an applied vocational context
51	51	leading to employment;
52	52	(2) develop vocational training programs specifically
53	53	designed for persons eligible under Section 130.407 and prioritize
54	54	the programs that result in the obtainment of workforce
55	55	credentials, including certification or licensure, considering the
56	56	impact that a previous felony conviction has on a person's ability
57	57	to obtain credentialing or employment;
58	58	(3) continually assess job markets in this state and
59	59	update, augment, and expand the vocational training programs
60	60	developed under Subdivision (2) as necessary to provide relevant
61	61	and marketable skills to students; and
62	62	(4) coordinate educational programs and services in
63	63	the department with those provided by the Windham School District,
64	64	by other state agencies, by political subdivisions, and by persons
65	65	who provide programs and services under contract.
66	66	Sec. 130.407. ELIGIBILITY FOR DISTRICT PROGRAMS AND
67	67	SERVICES. (a) Any person confined or imprisoned in the department
68	68	who has earned a high school diploma or high school equivalency
69	69	certificate is eligible for the district's programs and services.
70	70	(b) To the extent space and funding are available, the
71	71	district may offer programs or services to persons confined or
72	72	imprisoned in the department who are not described by Subsection
73	73	(a).
74	74	Sec. 130.408. INFORMATION REQUIRED BEFORE VOCATIONAL
75	75	TRAINING PROGRAM ENROLLMENT. Before a person enrolls in a district
76	76	vocational training program, the district must inform the person in
77	77	writing of:
78	78	(1) any rule or policy of a state agency that would
79	79	impose a restriction or prohibition on the person in obtaining a
80	80	certificate, license, or other credential in connection with the
81	81	vocational training program;
82	82	(2) the total number of district students released
83	83	during the preceding 10 years who have completed a district
84	84	vocational training program that allows for an opportunity to apply
85	85	for a certificate, license, or other credential from a state agency
86	86	and, of those students:
87	87	(A) the number who have applied for a
88	88	certificate, license, or other credential from a state agency;
89	89	(B) the number who have been issued a
90	90	certificate, license, or other credential by a state agency; and
91	91	(C) the number who have been denied a
92	92	certificate, license, or other credential by a state agency; and
93	93	(3) the procedures for:
94	94	(A) requesting a criminal history evaluation
95	95	letter under Section 53.102, Occupations Code;
96	96	(B) providing evidence of fitness to perform the
97	97	duties and discharge the responsibilities of a licensed occupation
98	98	for purposes of Section 53.023, Occupations Code; and
99	99	(C) appealing a state agency's denial of a
100	100	certificate, license, or other credential, including deadlines and
101	101	due process requirements:
102	102	(i) to the State Office of Administrative
103	103	Hearings under Subchapter C, Chapter 2001, Government Code; and
104	104	(ii) through any other available avenue.
105	105	Sec. 130.409. CREDIT FOR COMPLETION OF EDUCATIONAL
106	106	PROGRAMS. (a) An institution of higher education, as defined by
107	107	Section 61.003, shall grant to a student credit toward a degree or
108	108	certificate program at the institution for courses the student
109	109	successfully completes in the district's educational programs, in
110	110	accordance with rules adopted by the coordinating board.
111	111	(b) A student may graduate and receive an associate degree
112	112	or certificate from an educational program offered by the district
113	113	if the student successfully completes the curriculum requirements
114	114	established by the board for that program, in accordance with rules
115	115	adopted by the coordinating board.
116	116	Sec. 130.410. COORDINATION. (a) The board may coordinate
117	117	or partner with any appropriate entity to establish the district or
118	118	to provide the district's programs and services.
119	119	(b) The district shall coordinate vocational education and
120	120	job training programs with a local workforce development board
121	121	authorized by the Texas Workforce Commission to ensure that
122	122	district students are equipped with the skills necessary to compete
123	123	for current and emerging jobs.
124	124	Sec. 130.411. FUNDING. (a) The district is eligible to
125	125	receive formula funding under Section 130.003 or any other funding
126	126	as the legislature considers appropriate.
127	127	(b) Not later than September 1, 2020, the coordinating board
128	128	shall provide to the legislature recommendations regarding
129	129	appropriate methods of funding the district. This subsection
130	130	expires September 1, 2021.
131	131	Sec. 130.412. GRANTS AND FEDERAL FUNDS. (a) The district
132	132	may accept a grant from any public or private organization and may
133	133	spend those funds to provide the district's programs and services.
134	134	(b) The district may accept federal funds and shall use
135	135	those funds in compliance with applicable federal law.
136	136	Sec. 130.413. STRATEGIC PLAN AND ANNUAL REPORT. (a) The
137	137	district shall propose, and the board shall adopt with any
138	138	modification the board finds necessary, a strategic plan that
139	139	includes:
140	140	(1) a mission statement relating to the goals and
141	141	duties of the district under this chapter;
142	142	(2) goals to be met by the district in carrying out the
143	143	mission stated; and
144	144	(3) specific educational, vocational training, and
145	145	counseling programs to be conducted by the district to meet the
146	146	goals stated in the plan.
147	147	(b) Not later than January 31 of each year, the district
148	148	shall prepare and submit to the board, the governor, the lieutenant
149	149	governor, the speaker of the house of representatives, and the
150	150	coordinating board a report for the preceding fiscal year
151	151	documenting the district's activities under the strategic plan
152	152	adopted under Subsection (a).
153	153	Sec. 130.414. PROGRAM DATA COLLECTION AND BIENNIAL
154	154	EVALUATION AND REPORT. (a) To evaluate the effectiveness of the
155	155	district's programs, the district shall compile and analyze
156	156	information for each program, including performance-based
157	157	information and data related to academic, vocational training, and
158	158	life skills programs. The information must include for each person
159	159	participating in the program an evaluation of:
160	160	(1) institutional disciplinary violations;
161	161	(2) subsequent arrests;
162	162	(3) subsequent convictions or confinements;
163	163	(4) the cost of confinement;
164	164	(5) educational achievement;
165	165	(6) progress toward an associate degree or
166	166	certificate;
167	167	(7) the kind of training services provided;
168	168	(8) the kind of employment the person obtains on
169	169	release;
170	170	(9) whether the employment was related to training;
171	171	(10) the difference between the amount of the person's
172	172	earnings on the date employment is obtained following release and
173	173	the amount of those earnings on the first anniversary of that date;
174	174	and
175	175	(11) the retention factors associated with the
176	176	employment.
177	177	(b) Not later than September 1 of each even-numbered year,
178	178	the district shall use the information compiled and analyzed under
179	179	Subsection (a) to:
180	180	(1) evaluate whether the district's programs meet the
181	181	goals under Section 130.405 and make changes to the programs as
182	182	necessary; and
183	183	(2) submit to the board, the governor, and the
184	184	legislature a report on the district's findings.
185	185	(c) The district may enter into a memorandum of
186	186	understanding with the department, the Department of Public Safety,
187	187	and the Texas Workforce Commission to obtain and share data
188	188	necessary to evaluate the district's programs.
189	189	SECTION 2. Section 493.031(a), Government Code, is amended
190	190	to read as follows:
191	191	(a) Each facility under the oversight of the correctional
192	192	institutions division shall establish a case management committee
193	193	to assess each inmate in the facility and ensure the inmate is
194	194	receiving appropriate services or participating in appropriate
195	195	programs. The case management committee shall:
196	196	(1) review each individualized treatment plan adopted
197	197	under Section 508.152 for an inmate in the facility and, as
198	198	applicable, discuss with the inmate a possible treatment plan,
199	199	including participation in any program or service that may be
200	200	available through the department, the Windham School District, a
201	201	public junior college district established under Subchapter N,
202	202	Chapter 130, Education Code, or any volunteer organization; and
203	203	(2) meet with each inmate in the facility at the time
204	204	of the inmate's initial placement in the facility and at any time in
205	205	which the committee seeks to reclassify the inmate based on the
206	206	inmate's refusal to participate in a program or service recommended
207	207	by the committee.
208	208	SECTION 3. Sections 501.092(c) and (e), Government Code,
209	209	are amended to read as follows:
210	210	(c) The department, in consultation with the Board of
211	211	Pardons and Paroles, [and] the Windham School District, and a
212	212	public junior college district established under Subchapter N,
213	213	Chapter 130, Education Code, shall establish the role of each
214	214	entity in providing reentry and reintegration services. The reentry
215	215	and reintegration plan adopted under this section must include,
216	216	with respect to the department, the Board of Pardons and Paroles,
217	217	[and] the Windham School District, and a public junior college
218	218	district established under Subchapter N, Chapter 130, Education
219	219	Code:
220	220	(1) the reentry and reintegration responsibilities
221	221	and goals of each entity, including the duties of each entity to
222	222	administer the risk and needs assessment instrument adopted under
223	223	Section 501.0921;
224	224	(2) the strategies for achieving the goals identified
225	225	by each entity; and
226	226	(3) specific timelines for each entity to implement
227	227	the components of the reentry and reintegration plan for which the
228	228	entity is responsible.
229	229	(e) The department shall provide a copy of the initial
230	230	reentry and reintegration plan adopted under this section and each
231	231	evaluation and revision of the plan to the board, the Windham School
232	232	District, a public junior college district established under
233	233	Subchapter N, Chapter 130, Education Code, and the Board of Pardons
234	234	and Paroles.
235	235	SECTION 4. Section 501.0921(c), Government Code, is amended
236	236	to read as follows:
237	237	(c) The department, [and] the Windham School District, and a
238	238	public junior college district established under Subchapter N,
239	239	Chapter 130, Education Code, shall jointly determine the duties of
240	240	each entity with respect to implementing the risk and needs
241	241	assessment instrument in order to efficiently use existing
242	242	assessment processes.
243	243	SECTION 5. Section 501.0971(b), Government Code, is amended
244	244	to read as follows:
245	245	(b) The department shall make the resource guide available
246	246	in the [Windham School District] libraries of the Windham School
247	247	District and of a public junior college district established under
248	248	Subchapter N, Chapter 130, Education Code, and in each of the
249	249	following areas of a correctional facility:
250	250	(1) peer educator classrooms;
251	251	(2) chapels;
252	252	(3) reintegration specialist offices; and
253	253	(4) any area or classroom that is used by the
254	254	department for the purpose of providing information about reentry
255	255	to inmates.
256	256	SECTION 6. Section 501.098(a), Government Code, is amended
257	257	to read as follows:
258	258	(a) The department shall establish a reentry task force and
259	259	shall coordinate the work of the task force with the Office of Court
260	260	Administration. The executive director shall ensure that the task
261	261	force includes representatives of the following entities:
262	262	(1) the Texas Juvenile Justice Department;
263	263	(2) the Texas Workforce Commission;
264	264	(3) the Department of Public Safety;
265	265	(4) the Texas Department of Housing and Community
266	266	Affairs;
267	267	(5) the Texas Correctional Office on Offenders with
268	268	Medical or Mental Impairments;
269	269	(6) the Health and Human Services Commission;
270	270	(7) the Texas Judicial Council;
271	271	(8) the Board of Pardons and Paroles;
272	272	(9) the Windham School District;
273	273	(10) the Texas Commission on Jail Standards;
274	274	(11) the Department of State Health Services;
275	275	(12) the Texas Court of Criminal Appeals;
276	276	(13) the County Judges and Commissioners Association
277	277	of Texas;
278	278	(14) the Sheriffs' Association of Texas;
279	279	(15) the Texas District and County Attorneys
280	280	Association; [and]
281	281	(16) the Texas Conference of Urban Counties; and
282	282	(17) a public junior college district established
283	283	under Subchapter N, Chapter 130, Education Code.
284	284	SECTION 7. Section 661.031(2), Government Code, is amended
285	285	to read as follows:
286	286	(2) "State employee" means an individual who is an
287	287	appointed officer or employee of a state agency and who normally
288	288	works 900 hours or more a year. The term includes:
289	289	(A) an hourly employee;
290	290	(B) a temporary employee;
291	291	(C) a person employed by:
292	292	(i) the Teacher Retirement System of Texas;
293	293	(ii) the Texas Education Agency;
294	294	(iii) the Texas Higher Education
295	295	Coordinating Board;
296	296	(iv) the Texas School for the Blind and
297	297	Visually Impaired;
298	298	(v) the Texas School for the Deaf;
299	299	(vi) the Texas Juvenile Justice Department;
300	300	(vii) the Windham School District; [or]
301	301	(viii) the Department of Assistive and
302	302	Rehabilitative Services; or
303	303	(ix) a public junior college district
304	304	established under Subchapter N, Chapter 130, Education Code; and
305	305	(D) a classified, administrative, faculty, or
306	306	professional employee of a state institution or agency of higher
307	307	education who has accumulated vacation leave, sick leave, or both,
308	308	during the employment.
309	309	SECTION 8. Section 661.061(2), Government Code, is amended
310	310	to read as follows:
311	311	(2) "State employee" means an employee or appointed
312	312	officer of a state agency. The term includes:
313	313	(A) a full-time employee or officer;
314	314	(B) a part-time employee or officer;
315	315	(C) an hourly employee;
316	316	(D) a temporary employee;
317	317	(E) a person employed by:
318	318	(i) the Teacher Retirement System of Texas;
319	319	(ii) the Texas Education Agency;
320	320	(iii) the Texas Higher Education
321	321	Coordinating Board;
322	322	(iv) the Texas School for the Blind and
323	323	Visually Impaired;
324	324	(v) the Texas School for the Deaf;
325	325	(vi) the Texas Juvenile Justice Department;
326	326	(vii) the Windham School District; [or]
327	327	(viii) the Department of Assistive and
328	328	Rehabilitative Services; or
329	329	(ix) a public junior college district
330	330	established under Subchapter N, Chapter 130, Education Code; or
331	331	(F) a classified, administrative, faculty, or
332	332	professional employee of a state institution or agency of higher
333	333	education who has accumulated vacation leave during the employment.
334	334	SECTION 9. Section 1551.319(d), Insurance Code, is amended
335	335	to read as follows:
336	336	(d) The executive head of the Windham School District or a
337	337	public junior college district established under Subchapter N,
338	338	Chapter 130, Education Code, shall determine whether an educational
339	339	professional employee of the applicable district [school] is a
340	340	full-time employee for purposes of this chapter.
341	341	SECTION 10. (a) Not later than January 31 of the year
342	342	immediately following the year in which a public junior college
343	343	district is established under Subchapter N, Chapter 130, Education
344	344	Code, as added by this Act, the district shall prepare and submit
345	345	the initial report required under Section 130.413 of that
346	346	subchapter.
347	347	(b) Not later than September 1 of the first even-numbered
348	348	year following the year in which a public junior college district is
349	349	established under Subchapter N, Chapter 130, Education Code, as
350	350	added by this Act, the district shall submit the initial report
351	351	required under Section 130.414 of that subchapter.
352	352	SECTION 11. This Act takes effect September 1, 2019.