86R6922 KJE-D
By: White H.B. No. 1621
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a public junior college district
by the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 130, Education Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. JUNIOR COLLEGE DISTRICT IN TEXAS DEPARTMENT OF
CRIMINAL JUSTICE
Sec. 130.401. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Criminal Justice.
(2) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(3) "Department" means the Texas Department of
Criminal Justice.
(4) "District" means the public junior college
district established under this subchapter.
Sec. 130.402. ESTABLISHMENT; OPERATION. (a) The
department may establish a public junior college district to
operate public junior college campuses at the department's
facilities.
(b) The board is the district's governing board and shall
provide for the operation of the district in the manner the board
considers appropriate.
Sec. 130.403. SUNSET PROVISION. The district is subject to
review under Chapter 325, Government Code (Texas Sunset Act), and
shall be reviewed during the period in which the department is
reviewed.
Sec. 130.404. APPLICABILITY OF CODE; LIMITATION ON POWERS.
(a) Unless otherwise specifically provided, a provision of this
code applying to a public junior college district or to the
governing board of a public junior college district does not apply
to the district or to the board.
(b) The district may not impose a tax.
Sec. 130.405. GOALS. The goals of the district in educating
the district's students are to:
(1) reduce recidivism;
(2) reduce the cost of confinement or imprisonment;
(3) increase the success of former inmates in
obtaining and maintaining employment; and
(4) provide an incentive to inmates to behave in
positive ways during confinement or imprisonment.
Sec. 130.406. GENERAL DUTIES. The district shall:
(1) develop educational programs specifically
designed for persons eligible under Section 130.407 and ensure that
those programs are integrated with an applied vocational context
leading to employment;
(2) develop vocational training programs specifically
designed for persons eligible under Section 130.407 and prioritize
the programs that result in the obtainment of workforce
credentials, including certification or licensure, considering the
impact that a previous felony conviction has on a person's ability
to obtain credentialing or employment;
(3) continually assess job markets in this state and
update, augment, and expand the vocational training programs
developed under Subdivision (2) as necessary to provide relevant
and marketable skills to students; and
(4) coordinate educational programs and services in
the department with those provided by the Windham School District,
by other state agencies, by political subdivisions, and by persons
who provide programs and services under contract.
Sec. 130.407. ELIGIBILITY FOR DISTRICT PROGRAMS AND
SERVICES. (a) Any person confined or imprisoned in the department
who has earned a high school diploma or high school equivalency
certificate is eligible for the district's programs and services.
(b) To the extent space and funding are available, the
district may offer programs or services to persons confined or
imprisoned in the department who are not described by Subsection
(a).
Sec. 130.408. INFORMATION REQUIRED BEFORE VOCATIONAL
TRAINING PROGRAM ENROLLMENT. Before a person enrolls in a district
vocational training program, the district must inform the person in
writing of:
(1) any rule or policy of a state agency that would
impose a restriction or prohibition on the person in obtaining a
certificate, license, or other credential in connection with the
vocational training program;
(2) the total number of district students released
during the preceding 10 years who have completed a district
vocational training program that allows for an opportunity to apply
for a certificate, license, or other credential from a state agency
and, of those students:
(A) the number who have applied for a
certificate, license, or other credential from a state agency;
(B) the number who have been issued a
certificate, license, or other credential by a state agency; and
(C) the number who have been denied a
certificate, license, or other credential by a state agency; and
(3) the procedures for:
(A) requesting a criminal history evaluation
letter under Section 53.102, Occupations Code;
(B) providing evidence of fitness to perform the
duties and discharge the responsibilities of a licensed occupation
for purposes of Section 53.023, Occupations Code; and
(C) appealing a state agency's denial of a
certificate, license, or other credential, including deadlines and
due process requirements:
(i) to the State Office of Administrative
Hearings under Subchapter C, Chapter 2001, Government Code; and
(ii) through any other available avenue.
Sec. 130.409. CREDIT FOR COMPLETION OF EDUCATIONAL
PROGRAMS. (a) An institution of higher education, as defined by
Section 61.003, shall grant to a student credit toward a degree or
certificate program at the institution for courses the student
successfully completes in the district's educational programs, in
accordance with rules adopted by the coordinating board.
(b) A student may graduate and receive an associate degree
or certificate from an educational program offered by the district
if the student successfully completes the curriculum requirements
established by the board for that program, in accordance with rules
adopted by the coordinating board.
Sec. 130.410. COORDINATION. (a) The board may coordinate
or partner with any appropriate entity to establish the district or
to provide the district's programs and services.
(b) The district shall coordinate vocational education and
job training programs with a local workforce development board
authorized by the Texas Workforce Commission to ensure that
district students are equipped with the skills necessary to compete
for current and emerging jobs.
Sec. 130.411. FUNDING. (a) The district is eligible to
receive formula funding under Section 130.003 or any other funding
as the legislature considers appropriate.
(b) Not later than September 1, 2020, the coordinating board
shall provide to the legislature recommendations regarding
appropriate methods of funding the district. This subsection
expires September 1, 2021.
Sec. 130.412. GRANTS AND FEDERAL FUNDS. (a) The district
may accept a grant from any public or private organization and may
spend those funds to provide the district's programs and services.
(b) The district may accept federal funds and shall use
those funds in compliance with applicable federal law.
Sec. 130.413. STRATEGIC PLAN AND ANNUAL REPORT. (a) The
district shall propose, and the board shall adopt with any
modification the board finds necessary, a strategic plan that
includes:
(1) a mission statement relating to the goals and
duties of the district under this chapter;
(2) goals to be met by the district in carrying out the
mission stated; and
(3) specific educational, vocational training, and
counseling programs to be conducted by the district to meet the
goals stated in the plan.
(b) Not later than January 31 of each year, the district
shall prepare and submit to the board, the governor, the lieutenant
governor, the speaker of the house of representatives, and the
coordinating board a report for the preceding fiscal year
documenting the district's activities under the strategic plan
adopted under Subsection (a).
Sec. 130.414. PROGRAM DATA COLLECTION AND BIENNIAL
EVALUATION AND REPORT. (a) To evaluate the effectiveness of the
district's programs, the district shall compile and analyze
information for each program, including performance-based
information and data related to academic, vocational training, and
life skills programs. The information must include for each person
participating in the program an evaluation of:
(1) institutional disciplinary violations;
(2) subsequent arrests;
(3) subsequent convictions or confinements;
(4) the cost of confinement;
(5) educational achievement;
(6) progress toward an associate degree or
certificate;
(7) the kind of training services provided;
(8) the kind of employment the person obtains on
release;
(9) whether the employment was related to training;
(10) the difference between the amount of the person's
earnings on the date employment is obtained following release and
the amount of those earnings on the first anniversary of that date;
and
(11) the retention factors associated with the
employment.
(b) Not later than September 1 of each even-numbered year,
the district shall use the information compiled and analyzed under
Subsection (a) to:
(1) evaluate whether the district's programs meet the
goals under Section 130.405 and make changes to the programs as
necessary; and
(2) submit to the board, the governor, and the
legislature a report on the district's findings.
(c) The district may enter into a memorandum of
understanding with the department, the Department of Public Safety,
and the Texas Workforce Commission to obtain and share data
necessary to evaluate the district's programs.
SECTION 2. Section 493.031(a), Government Code, is amended
to read as follows:
(a) Each facility under the oversight of the correctional
institutions division shall establish a case management committee
to assess each inmate in the facility and ensure the inmate is
receiving appropriate services or participating in appropriate
programs. The case management committee shall:
(1) review each individualized treatment plan adopted
under Section 508.152 for an inmate in the facility and, as
applicable, discuss with the inmate a possible treatment plan,
including participation in any program or service that may be
available through the department, the Windham School District, a
public junior college district established under Subchapter N,
Chapter 130, Education Code, or any volunteer organization; and
(2) meet with each inmate in the facility at the time
of the inmate's initial placement in the facility and at any time in
which the committee seeks to reclassify the inmate based on the
inmate's refusal to participate in a program or service recommended
by the committee.
SECTION 3. Sections 501.092(c) and (e), Government Code,
are amended to read as follows:
(c) The department, in consultation with the Board of
Pardons and Paroles, [and] the Windham School District, and a
public junior college district established under Subchapter N,
Chapter 130, Education Code, shall establish the role of each
entity in providing reentry and reintegration services. The reentry
and reintegration plan adopted under this section must include,
with respect to the department, the Board of Pardons and Paroles,
[and] the Windham School District, and a public junior college
district established under Subchapter N, Chapter 130, Education
Code:
(1) the reentry and reintegration responsibilities
and goals of each entity, including the duties of each entity to
administer the risk and needs assessment instrument adopted under
Section 501.0921;
(2) the strategies for achieving the goals identified
by each entity; and
(3) specific timelines for each entity to implement
the components of the reentry and reintegration plan for which the
entity is responsible.
(e) The department shall provide a copy of the initial
reentry and reintegration plan adopted under this section and each
evaluation and revision of the plan to the board, the Windham School
District, a public junior college district established under
Subchapter N, Chapter 130, Education Code, and the Board of Pardons
and Paroles.
SECTION 4. Section 501.0921(c), Government Code, is amended
to read as follows:
(c) The department, [and] the Windham School District, and a
public junior college district established under Subchapter N,
Chapter 130, Education Code, shall jointly determine the duties of
each entity with respect to implementing the risk and needs
assessment instrument in order to efficiently use existing
assessment processes.
SECTION 5. Section 501.0971(b), Government Code, is amended
to read as follows:
(b) The department shall make the resource guide available
in the [Windham School District] libraries of the Windham School
District and of a public junior college district established under
Subchapter N, Chapter 130, Education Code, and in each of the
following areas of a correctional facility:
(1) peer educator classrooms;
(2) chapels;
(3) reintegration specialist offices; and
(4) any area or classroom that is used by the
department for the purpose of providing information about reentry
to inmates.
SECTION 6. Section 501.098(a), Government Code, is amended
to read as follows:
(a) The department shall establish a reentry task force and
shall coordinate the work of the task force with the Office of Court
Administration. The executive director shall ensure that the task
force includes representatives of the following entities:
(1) the Texas Juvenile Justice Department;
(2) the Texas Workforce Commission;
(3) the Department of Public Safety;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Texas Correctional Office on Offenders with
Medical or Mental Impairments;
(6) the Health and Human Services Commission;
(7) the Texas Judicial Council;
(8) the Board of Pardons and Paroles;
(9) the Windham School District;
(10) the Texas Commission on Jail Standards;
(11) the Department of State Health Services;
(12) the Texas Court of Criminal Appeals;
(13) the County Judges and Commissioners Association
of Texas;
(14) the Sheriffs' Association of Texas;
(15) the Texas District and County Attorneys
Association; [and]
(16) the Texas Conference of Urban Counties; and
(17) a public junior college district established
under Subchapter N, Chapter 130, Education Code.
SECTION 7. Section 661.031(2), Government Code, is amended
to read as follows:
(2) "State employee" means an individual who is an
appointed officer or employee of a state agency and who normally
works 900 hours or more a year. The term includes:
(A) an hourly employee;
(B) a temporary employee;
(C) a person employed by:
(i) the Teacher Retirement System of Texas;
(ii) the Texas Education Agency;
(iii) the Texas Higher Education
Coordinating Board;
(iv) the Texas School for the Blind and
Visually Impaired;
(v) the Texas School for the Deaf;
(vi) the Texas Juvenile Justice Department;
(vii) the Windham School District; [or]
(viii) the Department of Assistive and
Rehabilitative Services; or
(ix) a public junior college district
established under Subchapter N, Chapter 130, Education Code; and
(D) a classified, administrative, faculty, or
professional employee of a state institution or agency of higher
education who has accumulated vacation leave, sick leave, or both,
during the employment.
SECTION 8. Section 661.061(2), Government Code, is amended
to read as follows:
(2) "State employee" means an employee or appointed
officer of a state agency. The term includes:
(A) a full-time employee or officer;
(B) a part-time employee or officer;
(C) an hourly employee;
(D) a temporary employee;
(E) a person employed by:
(i) the Teacher Retirement System of Texas;
(ii) the Texas Education Agency;
(iii) the Texas Higher Education
Coordinating Board;
(iv) the Texas School for the Blind and
Visually Impaired;
(v) the Texas School for the Deaf;
(vi) the Texas Juvenile Justice Department;
(vii) the Windham School District; [or]
(viii) the Department of Assistive and
Rehabilitative Services; or
(ix) a public junior college district
established under Subchapter N, Chapter 130, Education Code; or
(F) a classified, administrative, faculty, or
professional employee of a state institution or agency of higher
education who has accumulated vacation leave during the employment.
SECTION 9. Section 1551.319(d), Insurance Code, is amended
to read as follows:
(d) The executive head of the Windham School District or a
public junior college district established under Subchapter N,
Chapter 130, Education Code, shall determine whether an educational
professional employee of the applicable district [school] is a
full-time employee for purposes of this chapter.
SECTION 10. (a) Not later than January 31 of the year
immediately following the year in which a public junior college
district is established under Subchapter N, Chapter 130, Education
Code, as added by this Act, the district shall prepare and submit
the initial report required under Section 130.413 of that
subchapter.
(b) Not later than September 1 of the first even-numbered
year following the year in which a public junior college district is
established under Subchapter N, Chapter 130, Education Code, as
added by this Act, the district shall submit the initial report
required under Section 130.414 of that subchapter.
SECTION 11. This Act takes effect September 1, 2019.