1 | | - | H.B. No. 3648 |
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| 1 | + | By: Guillen (Senate Sponsor - Whitmire) H.B. No. 3648 |
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| 2 | + | (In the Senate - Received from the House May 6, 2019; |
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| 3 | + | May 7, 2019, read first time and referred to Committee on Criminal |
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| 4 | + | Justice; May 15, 2019, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 6, Nays 0; |
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| 6 | + | May 15, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 3648 By: Whitmire |
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4 | 12 | | AN ACT |
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5 | 13 | | relating to the powers and duties of the office of independent |
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6 | 14 | | ombudsman for the Texas Juvenile Justice Department. |
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7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 16 | | SECTION 1. Section 261.001, Human Resources Code, is |
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9 | 17 | | amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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10 | 18 | | read as follows: |
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11 | 19 | | (1) "Child" means an individual who is: |
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12 | 20 | | (A) 10 years of age or older and younger than 19 |
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13 | 21 | | years of age; and |
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14 | 22 | | (B) committed to or placed in a facility |
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15 | 23 | | described by Section 261.101(f) by an order issued by a juvenile |
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16 | 24 | | court. |
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17 | 25 | | (1-a) "Independent ombudsman" means the individual |
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18 | 26 | | who has been appointed under this chapter to the office of |
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19 | 27 | | independent ombudsman. |
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20 | 28 | | SECTION 2. Section 261.101, Human Resources Code, is |
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21 | 29 | | amended by adding Subsection (f) to read as follows: |
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22 | 30 | | (f) Notwithstanding any other provision of this chapter, |
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23 | 31 | | the powers of the office include: |
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24 | 32 | | (1) the inspection of: |
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25 | 33 | | (A) a facility operated by the department under |
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26 | 34 | | Subtitle C; |
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27 | 35 | | (B) a post-adjudication secure correctional |
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28 | 36 | | facility under Section 51.125, Family Code; |
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29 | 37 | | (C) a nonsecure correctional facility under |
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30 | 38 | | Section 51.126, Family Code; and |
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31 | 39 | | (D) any other residential facility in which a |
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32 | 40 | | child adjudicated as having engaged in conduct indicating a need |
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33 | 41 | | for supervision or delinquent conduct is placed by court order; and |
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34 | 42 | | (2) the investigation of complaints alleging a |
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35 | 43 | | violation of the rights of the children committed to or placed in a |
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36 | 44 | | facility described by this subsection. |
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37 | 45 | | SECTION 3. The following provisions of the Human Resources |
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38 | 46 | | Code are repealed: |
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39 | 47 | | (1) Section 261.101(e), as added by Section 11(b), |
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40 | 48 | | Chapter 854 (S.B. 1149), Acts of the 84th Legislature, Regular |
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41 | 49 | | Session, 2015; and |
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42 | 50 | | (2) Section 261.101(e), as amended by Chapter 962 |
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43 | 51 | | (S.B. 1630), Acts of the 84th Legislature, Regular Session, 2015. |
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44 | 52 | | SECTION 4. This Act takes effect September 1, 2019. |
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45 | | - | ______________________________ ______________________________ |
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46 | | - | President of the Senate Speaker of the House |
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47 | | - | I certify that H.B. No. 3648 was passed by the House on May 3, |
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48 | | - | 2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
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49 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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50 | | - | No. 3648 on May 23, 2019, by the following vote: Yeas 141, Nays 2, |
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51 | | - | 1 present, not voting. |
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52 | | - | ______________________________ |
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53 | | - | Chief Clerk of the House |
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54 | | - | I certify that H.B. No. 3648 was passed by the Senate, with |
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55 | | - | amendments, on May 20, 2019, by the following vote: Yeas 31, Nays |
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56 | | - | 0. |
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57 | | - | ______________________________ |
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58 | | - | Secretary of the Senate |
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59 | | - | APPROVED: __________________ |
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60 | | - | Date |
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61 | | - | __________________ |
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62 | | - | Governor |
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| 53 | + | * * * * * |
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