Texas 2023 - 88th Regular

Texas Senate Bill SB1727 Compare Versions

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Version 2 (New)

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1	1	S.B. No. 1727
2	2
3	3
4	4	AN ACT
5	5	relating to the continuation and functions of the Texas Juvenile
6	6	Justice Department, the functions of the office of independent
7	7	ombudsman for the Texas Juvenile Justice Department, and the powers
8	8	and duties of the office of inspector general of the Texas Juvenile
9	9	Justice Department.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 2.12, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
14	14	officers:
15	15	(1) sheriffs, their deputies, and those reserve
16	16	deputies who hold a permanent peace officer license issued under
17	17	Chapter 1701, Occupations Code;
18	18	(2) constables, deputy constables, and those reserve
19	19	deputy constables who hold a permanent peace officer license issued
20	20	under Chapter 1701, Occupations Code;
21	21	(3) marshals or police officers of an incorporated
22	22	city, town, or village, and those reserve municipal police officers
23	23	who hold a permanent peace officer license issued under Chapter
24	24	1701, Occupations Code;
25	25	(4) rangers, officers, and members of the reserve
26	26	officer corps commissioned by the Public Safety Commission and the
27	27	Director of the Department of Public Safety;
28	28	(5) investigators of the district attorneys', criminal
29	29	district attorneys', and county attorneys' offices;
30	30	(6) law enforcement agents of the Texas Alcoholic
31	31	Beverage Commission;
32	32	(7) each member of an arson investigating unit
33	33	commissioned by a city, a county, or the state;
34	34	(8) officers commissioned under Section 37.081,
35	35	Education Code, or Subchapter E, Chapter 51, Education Code;
36	36	(9) officers commissioned by the General Services
37	37	Commission;
38	38	(10) law enforcement officers commissioned by the
39	39	Parks and Wildlife Commission;
40	40	(11) officers commissioned under Chapter 23,
41	41	Transportation Code;
42	42	(12) municipal park and recreational patrolmen and
43	43	security officers;
44	44	(13) security officers and investigators commissioned
45	45	as peace officers by the comptroller;
46	46	(14) officers commissioned by a water control and
47	47	improvement district under Section 49.216, Water Code;
48	48	(15) officers commissioned by a board of trustees
49	49	under Chapter 54, Transportation Code;
50	50	(16) investigators commissioned by the Texas Medical
51	51	Board;
52	52	(17) officers commissioned by:
53	53	(A) the board of managers of the Dallas County
54	54	Hospital District, the Tarrant County Hospital District, the Bexar
55	55	County Hospital District, or the El Paso County Hospital District
56	56	under Section 281.057, Health and Safety Code;
57	57	(B) the board of directors of the Ector County
58	58	Hospital District under Section 1024.117, Special District Local
59	59	Laws Code;
60	60	(C) the board of directors of the Midland County
61	61	Hospital District of Midland County, Texas, under Section 1061.121,
62	62	Special District Local Laws Code; and
63	63	(D) the board of hospital managers of the Lubbock
64	64	County Hospital District of Lubbock County, Texas, under Section
65	65	1053.113, Special District Local Laws Code;
66	66	(18) county park rangers commissioned under
67	67	Subchapter E, Chapter 351, Local Government Code;
68	68	(19) investigators employed by the Texas Racing
69	69	Commission;
70	70	(20) officers commissioned under Chapter 554,
71	71	Occupations Code;
72	72	(21) officers commissioned by the governing body of a
73	73	metropolitan rapid transit authority under Section 451.108,
74	74	Transportation Code, or by a regional transportation authority
75	75	under Section 452.110, Transportation Code;
76	76	(22) investigators commissioned by the attorney
77	77	general under Section 402.009, Government Code;
78	78	(23) security officers and investigators commissioned
79	79	as peace officers under Chapter 466, Government Code;
80	80	(24) officers appointed by an appellate court under
81	81	Subchapter F, Chapter 53, Government Code;
82	82	(25) officers commissioned by the state fire marshal
83	83	under Chapter 417, Government Code;
84	84	(26) an investigator commissioned by the commissioner
85	85	of insurance under Section 701.104, Insurance Code;
86	86	(27) officers appointed by the inspector general of
87	87	[apprehension specialists and inspectors general commissioned by]
88	88	the Texas Juvenile Justice Department [as officers] under Section
89	89	[Sections] 242.102 [and 243.052], Human Resources Code;
90	90	(28) officers appointed by the inspector general of
91	91	the Texas Department of Criminal Justice under Section 493.019,
92	92	Government Code;
93	93	(29) investigators commissioned by the Texas
94	94	Commission on Law Enforcement under Section 1701.160, Occupations
95	95	Code;
96	96	(30) commission investigators commissioned by the
97	97	Texas Private Security Board under Section 1702.061, Occupations
98	98	Code;
99	99	(31) the fire marshal and any officers, inspectors, or
100	100	investigators commissioned by an emergency services district under
101	101	Chapter 775, Health and Safety Code;
102	102	(32) officers commissioned by the State Board of
103	103	Dental Examiners under Section 254.013, Occupations Code, subject
104	104	to the limitations imposed by that section; and
105	105	(33) [investigators commissioned by the Texas
106	106	Juvenile Justice Department as officers under Section 221.011,
107	107	Human Resources Code; and
108	108	[(34)] the fire marshal and any related officers,
109	109	inspectors, or investigators commissioned by a county under
110	110	Subchapter B, Chapter 352, Local Government Code.
111	111	SECTION 2. Articles 18B.001(1) and (4), Code of Criminal
112	112	Procedure, are amended to read as follows:
113	113	(1) "Authorized peace officer" means:
114	114	(A) a sheriff or deputy sheriff;
115	115	(B) a constable or deputy constable;
116	116	(C) a marshal or police officer of a
117	117	municipality;
118	118	(D) a ranger or officer commissioned by the
119	119	Public Safety Commission or the director of the department;
120	120	(E) an investigator of a prosecutor's office;
121	121	(F) a law enforcement agent of the Texas
122	122	Alcoholic Beverage Commission;
123	123	(G) a law enforcement officer commissioned by the
124	124	Parks and Wildlife Commission;
125	125	(H) an enforcement officer appointed by the
126	126	inspector general of the Texas Department of Criminal Justice under
127	127	Section 493.019, Government Code;
128	128	(I) a law enforcement officer appointed by the
129	129	inspector general of the Texas Juvenile Justice Department under
130	130	Section 242.102, Human Resources Code;
131	131	(J) an investigator commissioned by the attorney
132	132	general under Section 402.009, Government Code; or
133	133	(K) [(J)] a member of an arson investigating unit
134	134	commissioned by a municipality, a county, or the state.
135	135	(4) "Designated law enforcement office or agency"
136	136	means:
137	137	(A) the sheriff's department of a county with a
138	138	population of 3.3 million or more;
139	139	(B) a police department in a municipality with a
140	140	population of 200,000 or more; [or]
141	141	(C) the office of inspector general of the Texas
142	142	Department of Criminal Justice; or
143	143	(D) the office of inspector general of the Texas
144	144	Juvenile Justice Department.
145	145	SECTION 3. Article 18B.252(b), Code of Criminal Procedure,
146	146	is amended to read as follows:
147	147	(b) If the director of the department or the director's
148	148	designee approves the policy submitted under Article 18B.251, the
149	149	inspector general of the Texas Department of Criminal Justice or
150	150	the inspector general's designee, the inspector general of the
151	151	Texas Juvenile Justice Department or the inspector general's
152	152	designee, or the sheriff or chief of a designated law enforcement
153	153	agency or the sheriff's or chief's designee, as applicable, shall
154	154	submit to the director a written list of all peace officers in the
155	155	designated law enforcement office or agency who are authorized to
156	156	possess, install, operate, or monitor pen registers, ESN readers,
157	157	or similar equipment.
158	158	SECTION 4. Article 18B.302(a), Code of Criminal Procedure,
159	159	is amended to read as follows:
160	160	(a) The inspector general of the Texas Department of
161	161	Criminal Justice, the inspector general of the Texas Juvenile
162	162	Justice Department or the inspector general's designee, or the
163	163	sheriff or chief of a designated law enforcement agency, as
164	164	applicable, shall submit to the director of the department a
165	165	written report of expenditures made by the designated law
166	166	enforcement office or agency to purchase and maintain a pen
167	167	register, ESN reader, or similar equipment authorized under this
168	168	chapter.
169	169	SECTION 5. Article 18B.451, Code of Criminal Procedure, is
170	170	amended to read as follows:
171	171	Art. 18B.451. SUBPOENA AUTHORITY. The director of the
172	172	department or the director's designee, the inspector general of the
173	173	Texas Department of Criminal Justice or the inspector general's
174	174	designee, the inspector general of the Texas Juvenile Justice
175	175	Department or the inspector general's designee, or the sheriff or
176	176	chief of a designated law enforcement agency or the sheriff's or
177	177	chief's designee may issue an administrative subpoena to a
178	178	communication common carrier or a provider of an electronic
179	179	communications service to compel the production of any carrier's or
180	180	service provider's business records that:
181	181	(1) disclose information about:
182	182	(A) the carrier's or service provider's
183	183	customers; or
184	184	(B) users of the services offered by the carrier
185	185	or service provider; and
186	186	(2) are material to a criminal investigation.
187	187	SECTION 6. Article 18B.452, Code of Criminal Procedure, is
188	188	amended to read as follows:
189	189	Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
190	190	than the 30th day after the date on which an administrative subpoena
191	191	is issued under Article 18B.451, the inspector general of the Texas
192	192	Department of Criminal Justice, the inspector general of the Texas
193	193	Juvenile Justice Department or the inspector general's designee, or
194	194	the sheriff or chief of a designated law enforcement agency, as
195	195	applicable, shall report to the department the issuance of the
196	196	subpoena.
197	197	SECTION 7. Section 51.12(c-1), Family Code, is amended to
198	198	read as follows:
199	199	(c-1) The Texas Juvenile Justice Department shall
200	200	[annually] inspect each public or private juvenile
201	201	pre-adjudication secure detention facility. The department shall
202	202	provide a report to each juvenile court judge presiding in the same
203	203	county as an inspected facility indicating whether the facility is
204	204	suitable or unsuitable for the detention of children in accordance
205	205	with:
206	206	(1) the requirements of Subsections (a), (f), and (g);
207	207	and
208	208	(2) minimum professional standards for the detention
209	209	of children in pre-adjudication secure confinement promulgated by
210	210	the department or, at the election of the juvenile board of the
211	211	county in which the facility is located, the current standards
212	212	promulgated by the American Correctional Association.
213	213	SECTION 8. Section 51.125(c), Family Code, is amended to
214	214	read as follows:
215	215	(c) The Texas Juvenile Justice Department shall [annually]
216	216	inspect each public or private juvenile post-adjudication secure
217	217	correctional facility that is not operated by the department. The
218	218	department shall provide a report to each juvenile court judge
219	219	presiding in the same county as an inspected facility indicating
220	220	whether the facility is suitable or unsuitable for the confinement
221	221	of children in accordance with minimum professional standards for
222	222	the confinement of children in post-adjudication secure
223	223	confinement promulgated by the department or, at the election of
224	224	the juvenile board of the county in which the facility is located,
225	225	the current standards promulgated by the American Correctional
226	226	Association.
227	227	SECTION 9. Section 51.126(c), Family Code, is amended to
228	228	read as follows:
229	229	(c) The Texas Juvenile Justice Department shall [annually]
230	230	inspect each nonsecure correctional facility. The Texas Juvenile
231	231	Justice Department shall provide a report to each juvenile court
232	232	judge presiding in the same county as an inspected facility
233	233	indicating whether the facility is suitable or unsuitable for the
234	234	confinement of children in accordance with minimum professional
235	235	standards for the confinement of children in nonsecure confinement
236	236	promulgated by the Texas Juvenile Justice Department or, at the
237	237	election of the juvenile board of the county in which the facility
238	238	is located, the current standards promulgated by the American
239	239	Correctional Association.
240	240	SECTION 10. Sections 51.20(a), (b), (c), and (d), Family
241	241	Code, are amended to read as follows:
242	242	(a) At any stage of the proceedings under this title,
243	243	including when a child is initially detained in a pre-adjudication
244	244	secure detention facility or a post-adjudication secure
245	245	correctional facility, the juvenile court may, at its discretion or
246	246	at the request of the child's parent or guardian, order a child who
247	247	is referred to the juvenile court or who is alleged by a petition or
248	248	found to have engaged in delinquent conduct or conduct indicating a
249	249	need for supervision to be examined by a disinterested expert,
250	250	including a physician, psychiatrist, or psychologist, qualified by
251	251	education and clinical training in mental health or intellectual
252	252	disability [mental retardation] and experienced in forensic
253	253	evaluation, to determine whether the child has a mental illness, as
254	254	defined by Section 571.003, Health and Safety Code, is a person with
255	255	an intellectual disability, [mental retardation] as defined by
256	256	Section 591.003, Health and Safety Code, or suffers from chemical
257	257	dependency, as defined by Section 464.001, Health and Safety Code.
258	258	If the examination is to include a determination of the child's
259	259	fitness to proceed, an expert may be appointed to conduct the
260	260	examination only if the expert is qualified under Subchapter B,
261	261	Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
262	262	criminal case, and the examination and the report resulting from an
263	263	examination under this subsection must comply with the requirements
264	264	under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
265	265	the examination and resulting report of a defendant in a criminal
266	266	case.
267	267	(b) If, after conducting an examination of a child ordered
268	268	under Subsection (a) and reviewing any other relevant information,
269	269	there is reason to believe that the child has a mental illness or
270	270	intellectual disability [mental retardation] or suffers from
271	271	chemical dependency, the probation department shall refer the child
272	272	to the local mental health [or mental retardation] authority, to
273	273	the local intellectual and developmental disability authority, or
274	274	to another appropriate and legally authorized agency or provider
275	275	for evaluation and services, unless the prosecuting attorney has
276	276	filed a petition under Section 53.04.
277	277	(c) If, while a child is under deferred prosecution
278	278	supervision or court-ordered probation, a qualified professional
279	279	determines that the child has a mental illness or intellectual
280	280	disability [mental retardation] or suffers from chemical
281	281	dependency and the child is not currently receiving treatment
282	282	services for the mental illness, intellectual disability [mental
283	283	retardation], or chemical dependency, the probation department
284	284	shall refer the child to the local mental health [or mental
285	285	retardation] authority, to the local intellectual and
286	286	developmental disability authority, or to another appropriate and
287	287	legally authorized agency or provider for evaluation and services.
288	288	(d) A probation department shall report each referral of a
289	289	child to a local mental health [or mental retardation] authority,
290	290	to a local intellectual and developmental disability authority, or
291	291	to another agency or provider made under Subsection (b) or (c) to
292	292	the Texas Juvenile Justice Department in a format specified by the
293	293	department.
294	294	SECTION 11. Section 56.01(c), Family Code, is amended to
295	295	read as follows:
296	296	(c) An appeal may be taken:
297	297	(1) except as provided by Subsection (n), by or on
298	298	behalf of a child from an order entered under:
299	299	(A) Section 54.02 respecting transfer of the
300	300	child for prosecution as an adult;
301	301	(B) Section 54.03 with regard to delinquent
302	302	conduct or conduct indicating a need for supervision;
303	303	(C) Section 54.04 disposing of the case;
304	304	(D) Section 54.05 respecting modification of a
305	305	previous juvenile court disposition; or
306	306	(E) Chapter 55 by a juvenile court committing a
307	307	child to a facility for persons with mental illness [the mentally
308	308	ill] or intellectual disabilities [intellectually disabled]; or
309	309	(2) by a person from an order entered under Section
310	310	54.11(i)(2) transferring the person to the custody of the Texas
311	311	Department of Criminal Justice.
312	312	SECTION 12. Section 58.009, Family Code, is amended by
313	313	amending Subsections (c) and (f) and adding Subsection (f-1) to
314	314	read as follows:
315	315	(c) The Texas Juvenile Justice Department may grant [the
316	316	following entities] access to juvenile justice information:
317	317	(1) for research and statistical purposes or for any
318	318	other purpose approved by the department to:
319	319	(A) [(1)] criminal justice agencies as defined
320	320	by Section 411.082, Government Code;
321	321	(B) [(2)] the Texas Education Agency, as
322	322	authorized under Section 37.084, Education Code;
323	323	(C) [(3)] any agency under the authority of the
324	324	Health and Human Services Commission; or
325	325	(D) [(4)] the Department of Family and
326	326	Protective Services; or
327	327	(2) for a purpose beneficial to and approved by the
328	328	department to an individual or entity that:
329	329	(A) is working on a research or statistical
330	330	project that meets the requirements of and is approved by the
331	331	department; and
332	332	(B) has a specific agreement with the department
333	333	that:
334	334	(i) specifically authorizes access to
335	335	identifiable juvenile justice information;
336	336	(ii) limits the use of the information to
337	337	the purposes for which the information is given;
338	338	(iii) ensures the security and
339	339	confidentiality of the information; and
340	340	(iv) provides for sanctions if a
341	341	requirement imposed under Subparagraph (i), (ii), or (iii) is
342	342	violated [(5) a public or private university].
343	343	(f) The Texas Juvenile Justice Department may not release
344	344	juvenile justice information in identifiable form, except for
345	345	information released under Subsection (c) [(c)(1), (2), (3), or (4)
346	346	or under the terms of an agreement entered into under Subsection
347	347	(d)(2)]. For purposes of this subsection, identifiable
348	348	information means information that contains a juvenile offender's
349	349	name or other personal identifiers or that can, by virtue of sample
350	350	size or other factors, be reasonably interpreted as referring to a
351	351	particular juvenile offender.
352	352	(f-1) In accordance with Chapter 552, Government Code, the
353	353	Texas Juvenile Justice Department may grant access to juvenile
354	354	justice information that is not identifiable information for
355	355	research or statistical purposes or for any other purpose approved
356	356	by the department to:
357	357	(1) criminal justice agencies as defined by Section
358	358	411.082, Government Code;
359	359	(2) the Texas Education Agency, as authorized under
360	360	Section 37.084, Education Code;
361	361	(3) any agency under the authority of the Health and
362	362	Human Services Commission;
363	363	(4) the Department of Family and Protective Services;
364	364	(5) a public or private university; or
365	365	(6) an individual or entity working on a research or
366	366	statistical project.
367	367	SECTION 13. Section 662.005(b), Government Code, is amended
368	368	to read as follows:
369	369	(b) Except as provided by Section 662.010, and
370	370	notwithstanding Section 659.015 or another law, a state employee
371	371	who is a peace officer commissioned or appointed, as applicable, by
372	372	a state officer or state agency listed under Article 2.12, Code of
373	373	Criminal Procedure, or who is employed by the Department of Public
374	374	Safety either to perform communications or dispatch services
375	375	related to traffic law enforcement or as a public security officer,
376	376	as that term is defined by Section 1701.001, Occupations Code, or
377	377	who is employed by the Parks and Wildlife Department to perform
378	378	communications and dispatch services to assist law enforcement
379	379	officers commissioned by the Parks and Wildlife Commission in
380	380	performing law enforcement duties, or who is employed by the Texas
381	381	Juvenile Justice Department to perform communication service
382	382	duties for the incident reporting center and to assist law
383	383	enforcement officers appointed by the office of inspector general
384	384	of the Texas Juvenile Justice Department in performing
385	385	investigative duties, or who is employed as a security officer
386	386	providing security and entry searches for secure correctional
387	387	facilities operated by the Texas Juvenile Justice Department, and
388	388	who is required to work on a national or state holiday that falls on
389	389	a Saturday or Sunday is entitled to compensatory time off at the
390	390	rate of one hour for each hour worked on the holiday.
391	391	SECTION 14. Sections 202.001(a) and (b), Human Resources
392	392	Code, are amended to read as follows:
393	393	(a) The board is composed of the following nine [13] members
394	394	appointed by the governor with the advice and consent of the senate:
395	395	(1) one member who is a district court judge of a court
396	396	designated as a juvenile court;
397	397	(2) one member who is a member [three members who are
398	398	members] of a county commissioners court with juvenile justice
399	399	experience;
400	400	(3) one prosecutor in juvenile court;
401	401	(4) one chief juvenile probation officer of a juvenile
402	402	probation department serving a county with a population that
403	403	includes fewer than 7,500 persons younger than 18 years of age;
404	404	(5) one chief juvenile probation officer of a juvenile
405	405	probation department serving a county with a population that
406	406	includes at least 7,500 but fewer than 80,000 persons younger than
407	407	18 years of age;
408	408	(6) one chief juvenile probation officer of a juvenile
409	409	probation department serving a county with a population that
410	410	includes 80,000 or more persons younger than 18 years of age;
411	411	(7) one adolescent mental health treatment
412	412	professional licensed under Subtitle B or I, Title 3, Occupations
413	413	Code, or a representative from a local mental health authority
414	414	designated under Chapter 533, Health and Safety Code, who has
415	415	experience working with children;
416	416	(8) one member who is:
417	417	(A) an educator, as that term is defined by
418	418	Section 5.001, Education Code, with juvenile justice experience; or
419	419	(B) a juvenile justice professional with
420	420	experience managing a secure juvenile justice facility operated by
421	421	the department or a county; and
422	422	(9) one member [three members] of the general public.
423	423	(b) Members serve staggered six-year terms, with the terms
424	424	of three [four or five] members expiring on February 1 of each
425	425	odd-numbered year.
426	426	SECTION 15. Section 202.005, Human Resources Code, is
427	427	amended to read as follows:
428	428	Sec. 202.005. BOARD MEMBER RECUSAL. (a) A chief juvenile
429	429	probation officer who is a board member shall avoid the appearance
430	430	of a conflict of interest by not voting or participating in any
431	431	decision by the board that solely benefits or penalizes or
432	432	otherwise solely impacts the juvenile probation department over
433	433	which the chief juvenile probation officer has authority. The
434	434	chief juvenile probation officer may not vote or render any
435	435	decisions regarding matters of officer discipline [abuse and
436	436	neglect] presented to the board regarding the chief juvenile
437	437	probation officer's department.
438	438	(a-1) If a juvenile justice professional is appointed as a
439	439	board member under Section 202.001(a)(8), the member shall avoid
440	440	the appearance of a conflict of interest by not voting or
441	441	participating in any decision by the board that solely benefits or
442	442	penalizes or otherwise solely impacts any juvenile probation
443	443	department or facility the professional is employed by or works for
444	444	under a contract. The professional may not vote or render any
445	445	decisions regarding matters of officer discipline presented to the
446	446	board regarding any juvenile probation department or facility the
447	447	professional is employed by or works for under a contract.
448	448	(b) The board may adopt recusal requirements in addition to
449	449	those described by Subsections [Subsection] (a) and (a-1),
450	450	including requirements that are more restrictive than those
451	451	described by those subsections [Subsection (a)].
452	452	SECTION 16. Section 202.006, Human Resources Code, is
453	453	amended by amending Subsection (b) and adding Subsection (d) to
454	454	read as follows:
455	455	(b) The training program must provide the person with
456	456	information regarding:
457	457	(1) the law governing department operations [the
458	458	legislation that created the department];
459	459	(2) the programs, functions, rules, and budget of the
460	460	department;
461	461	(3) the scope of and limitations on the rulemaking
462	462	authority of the board;
463	463	(4) the results of the most recent formal audit of the
464	464	department;
465	465	(5) [(4)] the requirements of:
466	466	(A) laws relating to open meetings, public
467	467	information, administrative procedure, and disclosing conflicts of
468	468	interest; and
469	469	(B) other laws applicable to members of a state
470	470	policymaking body in performing their duties; and
471	471	(6) [(5)] any applicable ethics policies adopted by
472	472	the department or the Texas Ethics Commission.
473	473	(d) The executive director shall create a training manual
474	474	that includes the information required by Subsection (b). The
475	475	executive director shall distribute a copy of the training manual
476	476	annually to each member of the board. Each member of the board
477	477	shall sign and submit to the executive director a statement
478	478	acknowledging that the member received and has reviewed the
479	479	training manual.
480	480	SECTION 17. Section 202.010, Human Resources Code, is
481	481	amended to read as follows:
482	482	Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
483	483	Board and the Texas Juvenile Justice Department are subject to
484	484	Chapter 325, Government Code (Texas Sunset Act). Unless continued
485	485	in existence as provided by that chapter, the board and the
486	486	department are abolished September 1, 2027 [2023].
487	487	SECTION 18. Section 203.001, Human Resources Code, is
488	488	amended by adding Subsections (b-1), (b-2), (b-3), and (b-4) to
489	489	read as follows:
490	490	(b-1) The board may delegate to the executive director the
491	491	board's responsibilities as the board determines appropriate.
492	492	(b-2) In making a delegation under Subsection (b-1), the
493	493	board shall provide, as appropriate:
494	494	(1) to the executive director with respect to each
495	495	delegation:
496	496	(A) clear direction;
497	497	(B) performance measures; and
498	498	(C) reporting requirements; and
499	499	(2) to the department, sufficient oversight to ensure
500	500	that delegated responsibilities are performed according to the
501	501	mission and funding priorities described by Subsection (c).
502	502	(b-3) The executive director is a full-time employee of the
503	503	board and shall:
504	504	(1) perform the regular administrative functions of
505	505	the board and any other duty as the board directs; and
506	506	(2) under the direction of the board, perform the
507	507	duties required by this subtitle or designated by the board.
508	508	(b-4) The executive director may not perform a
509	509	discretionary or decision-making function for which the board is
510	510	solely responsible.
511	511	SECTION 19. Section 203.002, Human Resources Code, is
512	512	amended to read as follows:
513	513	Sec. 203.002. EXECUTIVE DIRECTOR. (a) The board shall:
514	514	(1) employ an executive director to administer the
515	515	department; and
516	516	(2) supervise the director's administration of the
517	517	department.
518	518	(b) The executive director must possess the following
519	519	minimum qualifications:
520	520	(1) five years of experience in the field of juvenile
521	521	corrections or congregate care in an administrative capacity;
522	522	(2) three years of experience in the field of juvenile
523	523	corrections or congregate care in an administrative capacity and a
524	524	graduate degree from an institution of higher education in a
525	525	relevant field, including penology, adolescent development,
526	526	behavior management, or rehabilitative services; or
527	527	(3) seven years of experience in management and
528	528	administration of a government agency, institution of higher
529	529	education, or business enterprise of a size comparable to the
530	530	department.
531	531	(c) The department shall track the frequency with which the
532	532	executive director takes the following actions as defined by
533	533	department rule:
534	534	(1) selects a child for a conditional placement;
535	535	(2) selects a child for a home placement;
536	536	(3) waives the requirement for a child with a
537	537	determinate sentence to spend the child's entire minimum period of
538	538	confinement in a high-restriction facility;
539	539	(4) waives the requirement for a child to be on
540	540	intensive supervision when initially released on parole;
541	541	(5) authorizes early discharges for a child on parole;
542	542	or
543	543	(6) finalizes an appeal brought by an advocacy group
544	544	or social service provider who was denied certain access to
545	545	department facilities.
546	546	(d) The executive director shall provide the board and the
547	547	Sunset Advisory Commission at the beginning of each calendar
548	548	quarter aggregated data on the number of times each action
549	549	described by Subsection (c) was taken during the previous calendar
550	550	quarter.
551	551	SECTION 20. Section 203.0081, Human Resources Code, is
552	552	amended by amending Subsections (a) and (e) and adding Subsection
553	553	(c-1) to read as follows:
554	554	(a) The advisory council on juvenile services consists of:
555	555	(1) the executive director of the department or the
556	556	executive director's designee;
557	557	(2) the director of probation services of the
558	558	department or the director's designee;
559	559	(3) the director of state programs and facilities of
560	560	the department or the director's designee;
561	561	(4) the executive commissioner of the Health and Human
562	562	Services Commission or the commissioner's designee;
563	563	(5) one representative of the county commissioners
564	564	courts appointed by the board;
565	565	(6) two juvenile court judges appointed by the board;
566	566	[and]
567	567	(7) seven chief juvenile probation officers appointed
568	568	by the board as provided by Subsection (b); and
569	569	(8) the commissioner of the Department of Family and
570	570	Protective Services or the commissioner's designee.
571	571	(c-1) The board shall adopt rules regarding:
572	572	(1) the purpose, role, responsibility, goals, and
573	573	duration of the advisory council;
574	574	(2) the quorum requirement for the advisory council;
575	575	(3) training requirements for advisory council
576	576	members;
577	577	(4) policies to avoid conflicts of interest by
578	578	advisory council members;
579	579	(5) a periodic review process to evaluate the
580	580	continuing need for the advisory council;
581	581	(6) policies to ensure the advisory council does not
582	582	violate any provision of Chapter 551, Government Code, applicable
583	583	to the board or the advisory council;
584	584	(7) the appropriate level of participation from ex
585	585	officio advisory council members designated under Subsections
586	586	(a)(1)-(4) and (8); and
587	587	(8) reporting requirements and other communication
588	588	procedures between the board and the advisory council.
589	589	(e) The advisory council shall assist the department in:
590	590	(1) determining the needs and problems of county
591	591	juvenile boards and probation departments;
592	592	(2) conducting long-range strategic planning;
593	593	(3) reviewing and proposing revisions to existing or
594	594	newly proposed standards affecting juvenile probation programs,
595	595	services, or facilities;
596	596	(4) analyzing the potential cost impact on juvenile
597	597	probation departments of new standards proposed by the board; [and]
598	598	(5) assessing and developing recommendations to
599	599	improve the sharing of information between agencies that serve
600	600	children, including agencies serving children in both the juvenile
601	601	justice and child welfare systems; and
602	602	(6) advising the board on any other matter on the
603	603	request of the board.
604	604	SECTION 21. Chapter 203, Human Resources Code, is amended
605	605	by adding Sections 203.0083, 203.0084, and 203.0085 to read as
606	606	follows:
607	607	Sec. 203.0083. AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.
608	608	(a) The board by rule may establish advisory committees to make
609	609	recommendations to the board on programs, rules, and policies
610	610	administered by the board.
611	611	(b) In establishing an advisory committee under this
612	612	section, the board shall adopt rules, including rules regarding:
613	613	(1) the purpose, role, responsibility, goals, and
614	614	duration of the committee;
615	615	(2) the size of and quorum requirement for the
616	616	committee;
617	617	(3) qualifications for committee membership;
618	618	(4) appointment procedures for members;
619	619	(5) terms of service for members;
620	620	(6) training requirements for members;
621	621	(7) policies to avoid conflicts of interest by
622	622	members;
623	623	(8) a periodic review process to evaluate the
624	624	continuing need for the committee; and
625	625	(9) policies to ensure the committee does not violate
626	626	any provision of Chapter 551, Government Code, applicable to the
627	627	board or the committee.
628	628	(c) The board shall establish a youth career and technical
629	629	education advisory committee and adopt rules required by Subsection
630	630	(b) for the committee. The advisory committee shall assist the
631	631	department with overseeing and coordinating vocational training
632	632	for youth in the custody of the department, including training
633	633	provided by community colleges and other local entities with which
634	634	the department may partner.
635	635	Sec. 203.0084. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)
636	636	The department shall develop a comprehensive set of risk factors to
637	637	use in assessing the overall risk level of the facilities and
638	638	entities inspected by the department under:
639	639	(1) Chapter 51, Family Code;
640	640	(2) Section 221.008 of this code; and
641	641	(3) Subtitle C, Title 12, of this code.
642	642	(b) The risk factors described by Subsection (a) may
643	643	include:
644	644	(1) the entity type;
645	645	(2) available programming;
646	646	(3) past and repeat standards violations;
647	647	(4) the volume and types of complaints received by the
648	648	department;
649	649	(5) recent leadership changes;
650	650	(6) high staff turnover;
651	651	(7) relevant findings from the office of independent
652	652	ombudsman and the office of inspector general;
653	653	(8) negative media attention; and
654	654	(9) the number of months since the date of the
655	655	department's last inspection of the entity.
656	656	(c) The department shall use the risk factors developed
657	657	under this section to guide the inspections process for facilities
658	658	and entities described by Subsection (a) by developing risk
659	659	assessment tools with clear, objective standards to use in
660	660	assessing the overall risk level of each entity.
661	661	(d) The department may develop distinct assessment tools
662	662	under Subsection (c) for different entity types, as appropriate.
663	663	(e) The department shall periodically review the assessment
664	664	tools developed under this section to ensure that the tools remain
665	665	up to date and meaningful, as determined by the department.
666	666	Sec. 203.0085. RISK-BASED INSPECTIONS. (a) The department
667	667	shall adopt a policy prioritizing inspections conducted by the
668	668	department under:
669	669	(1) Chapter 51, Family Code;
670	670	(2) Section 221.008 of this code; and
671	671	(3) Subtitle C, Title 12, of this code.
672	672	(b) The policy under Subsection (a) must require the
673	673	department to:
674	674	(1) prioritize the inspection of entities based on the
675	675	relative risk level of each entity; and
676	676	(2) use the risk assessment tools established under
677	677	Section 203.0084 to determine how frequently and intensively the
678	678	department conducts risk-based inspections.
679	679	(c) The policy under Subsection (a) may provide for the
680	680	department to use alternative inspection methods for entities
681	681	determined to be low risk, including the following methods:
682	682	(1) desk audits of key documentation;
683	683	(2) abbreviated inspection procedures;
684	684	(3) videoconference technology; and
685	685	(4) other methods that are an alternative to
686	686	conducting an in-person inspection.
687	687	(d) On request by the department, a juvenile probation
688	688	department or a private facility under the department's
689	689	jurisdiction shall provide information on a routine basis, as
690	690	determined by the department, to assist the department in
691	691	implementing a risk-based inspection schedule.
692	692	SECTION 22. Section 203.010(c), Human Resources Code, is
693	693	amended to read as follows:
694	694	(c) Criminal complaints initially referred to the office of
695	695	[the] inspector general relating to juvenile probation programs,
696	696	services, or facilities shall be sent to the appropriate local law
697	697	enforcement agency. The office of inspector general has concurrent
698	698	jurisdiction on agreement with the local law enforcement agency to
699	699	conduct a criminal investigation under Section 242.102. Any other
700	700	complaint shall be referred to the appropriate division of the
701	701	department. The board by rule shall establish policies for the
702	702	referral of noncriminal complaints.
703	703	SECTION 23. Chapter 203, Human Resources Code, is amended
704	704	by adding Section 203.0101 to read as follows:
705	705	Sec. 203.0101. STATISTICAL ANALYSIS OF COMPLAINTS. (a)
706	706	The department shall make available on the department's Internet
707	707	website a statistical analysis of the complaints received against
708	708	certified officers by the department.
709	709	(b) The complaint analysis under this section must include
710	710	aggregate information on the number, source, type, and disposition
711	711	of complaints received against certified officers during the
712	712	preceding fiscal year and include the following information:
713	713	(1) the number of certified officers by certification
714	714	type;
715	715	(2) the number of complaints against certified
716	716	officers by certification type;
717	717	(3) the number of complaints resolved and the manner
718	718	of resolution, including:
719	719	(A) the total number of agreed, default, and
720	720	board orders entered;
721	721	(B) the total number of cases referred for
722	722	contested case hearings by the State Office of Administrative
723	723	Hearings;
724	724	(C) the total number of contested cases heard by
725	725	the State Office of Administrative Hearings; and
726	726	(D) the total number of contested cases that were
727	727	appealed to a district court;
728	728	(4) the average number of days required to resolve a
729	729	complaint;
730	730	(5) a detailed analysis of the resolution for each
731	731	closed complaint, by the nature of the alleged violation; and
732	732	(6) a detailed analysis of each closed complaint, by
733	733	source.
734	734	SECTION 24. Section 203.013, Human Resources Code, is
735	735	amended by adding Subsection (c) to read as follows:
736	736	(c) The executive director shall acknowledge receipt of and
737	737	discuss the results of internal audits with the board.
738	738	SECTION 25. Section 203.014(c), Human Resources Code, is
739	739	amended to read as follows:
740	740	(c) The office of inspector general shall operate the
741	741	toll-free number required by Subsection (a) and the 24-hour
742	742	incident reporting center and [department] shall share the
743	743	complaints received with the appropriate department entity [on the
744	744	toll-free number with the office of inspector general and the
745	745	office of the independent ombudsman].
746	746	SECTION 26. Section 203.017, Human Resources Code, is
747	747	amended by adding Subsections (a-1), (a-2), (b-1), and (e-1) and
748	748	amending Subsection (e) to read as follows:
749	749	(a-1) The department shall update and submit the
750	750	regionalization plan developed under Subsection (a) to the Sunset
751	751	Advisory Commission and standing legislative committees with
752	752	primary jurisdiction over juvenile justice matters by December 1 of
753	753	each even-numbered year. Before submitting the plan, the
754	754	department must present an updated draft of the regionalization
755	755	plan to the board for public comment and board approval.
756	756	(a-2) The department may incorporate relevant suggestions,
757	757	needs, or recommendations from the regionalization plan into
758	758	subsequent strategic plans, legislative appropriation requests,
759	759	and any other necessary document to support the plan's
760	760	implementation.
761	761	(b-1) In addition to the requirements of Subsection (b), in
762	762	developing the regionalization plan, the department shall consult
763	763	with:
764	764	(1) the advisory council on juvenile services;
765	765	(2) juvenile probation departments;
766	766	(3) regional juvenile probation associations;
767	767	(4) advocacy groups;
768	768	(5) parents and guardians of children under the
769	769	jurisdiction of the department;
770	770	(6) individuals formerly involved in the juvenile
771	771	justice system; and
772	772	(7) any other stakeholder the department determines
773	773	may be helpful.
774	774	(e) The regionalization plan must, as applicable:
775	775	(1) include a budget review, redirection of staff, and
776	776	funding mechanisms necessary to support the plan;
777	777	(2) create a new division of the department
778	778	responsible for administering the regionalization plan and
779	779	monitoring program quality and accountability;
780	780	(3) [include sufficient mechanisms to divert at least:
781	781	[(A) 30 juveniles from commitment to secure
782	782	facilities operated by the department for the state fiscal year
783	783	beginning September 1, 2015; and
784	784	[(B) 150 juveniles from commitment to secure
785	785	facilities operated by the department for the state fiscal year
786	786	beginning September 1, 2016; and
787	787	[(4)] for the state fiscal year beginning September 1,
788	788	2017, and each subsequent state fiscal year, include any savings
789	789	that are generated by the decreases in the population of the secure
790	790	facilities operated by the department under Subtitle C that exceed
791	791	the cost of implementing the plan;
792	792	(4) include:
793	793	(A) information on the department's compliance
794	794	with statutory regionalization requirements;
795	795	(B) information on internal goals for diverting
796	796	children from commitment to the department; and
797	797	(C) an analysis of rates of commitment to the
798	798	custody of the department, broken down by region and county, and any
799	799	relevant recommendations regarding trends in these rates; and
800	800	(5) include specific, actionable steps regarding how
801	801	the department will enhance regional capacity, coordination, and
802	802	collaboration among juvenile probation departments to keep
803	803	children closer to home as an alternative to commitment to the
804	804	department's facilities while ensuring access to programs and the
805	805	supervision necessary to maintain public safety.
806	806	(e-1) In developing the steps under Subsection (e)(5), the
807	807	department shall consider:
808	808	(1) options to target or expand funding for juvenile
809	809	probation departments to enhance community-based programs and
810	810	maximize the use of existing juvenile justice beds;
811	811	(2) opportunities to use financial and other
812	812	incentives to encourage diversion, facilitate cooperation within
813	813	and across the regions established under Subsection (c), and
814	814	emphasize the benefits of sharing available resources among
815	815	counties;
816	816	(3) plans for creating additional capacity to minimize
817	817	gaps in juvenile justice beds and services at the local level,
818	818	including the expansion or development of beds and facilities
819	819	designated specifically for regional use; and
820	820	(4) processes for downsizing, closing, or repurposing
821	821	large state secure facilities to shift toward a more regionally
822	822	based juvenile justice system.
823	823	SECTION 27. Section 203.018(e), Human Resources Code, is
824	824	amended to read as follows:
825	825	(e) The department or any local probation department may
826	826	[not] use or contract with a facility that was constructed or
827	827	previously used for the confinement of adult offenders if the
828	828	department determines that the facility is appropriately
829	829	retrofitted to accommodate youth-specific requirements and needs.
830	830	SECTION 28. Chapter 203, Human Resources Code, is amended
831	831	by adding Section 203.0185 to read as follows:
832	832	Sec. 203.0185. RESOURCE MAPPING. (a) The department shall
833	833	partner with one or more public or private institutions of higher
834	834	education to inventory and map resources available for children in
835	835	the juvenile justice system. To determine the types of information
836	836	the department requires to timely identify and address resource,
837	837	program, and service gaps in probation regions that result in
838	838	commitments to department secure facilities, the department shall
839	839	consult with:
840	840	(1) institutions of higher education;
841	841	(2) the advisory council on juvenile services; and
842	842	(3) other relevant stakeholders.
843	843	(b) The board shall adopt rules requiring juvenile
844	844	probation departments, at useful and reasonable intervals, to
845	845	report to the department relevant information on resource, program,
846	846	and service gaps identified under Subsection (a), including
847	847	information on:
848	848	(1) the needs of children committed to the department
849	849	that are not being met with community resources; and
850	850	(2) the types of resources, programs, and services
851	851	that, if available in the community, may allow juvenile probation
852	852	departments to keep children closer to home as an alternative to
853	853	commitment to the department.
854	854	SECTION 29. Section 221.002, Human Resources Code, is
855	855	amended by adding Subsection (d-1) to read as follows:
856	856	(d-1) In adopting rules under Subsection (a)(4), the board
857	857	shall authorize a juvenile probation department to house a child
858	858	committed to the department in a pre-adjudication secure detention
859	859	facility or a post-adjudication secure correctional facility as the
860	860	child awaits transfer to the department.
861	861	SECTION 30. Section 221.056(a), Human Resources Code, is
862	862	amended to read as follows:
863	863	(a) The department may contract with a local mental health
864	864	[and mental retardation] authority for the establishment of a
865	865	residential treatment facility for juveniles with mental illness or
866	866	emotional injury who, as a condition of juvenile probation, are
867	867	ordered by a court to reside at the facility and receive education
868	868	services at the facility. The department may work in cooperation
869	869	with the local mental health [and mental retardation] authority to
870	870	provide mental health residential treatment services for juveniles
871	871	residing at a facility established under this section.
872	872	SECTION 31. Section 222.001, Human Resources Code, is
873	873	amended by amending Subsection (a) and adding Subsection (b-1) to
874	874	read as follows:
875	875	(a) To be eligible for appointment as a probation officer, a
876	876	person who was not employed as a probation officer before September
877	877	1, 1981, must:
878	878	(1) [be of good moral character;
879	879	[(2) have acquired a bachelor's degree conferred by a
880	880	college or university accredited by an accrediting organization
881	881	recognized by the Texas Higher Education Coordinating Board;
882	882	[(3) have either:
883	883	[(A) one year of graduate study in criminology,
884	884	corrections, counseling, law, social work, psychology, sociology,
885	885	or other field of instruction approved by the department; or
886	886	[(B) one year of experience in full-time case
887	887	work, counseling, or community or group work:
888	888	[(i) in a social service, community,
889	889	corrections, or juvenile agency that deals with offenders or
890	890	disadvantaged persons; and
891	891	[(ii) that the department determines
892	892	provides the kind of experience necessary to meet this requirement;
893	893	[(4)] have satisfactorily completed the course of
894	894	preservice training or instruction and any continuing education
895	895	required by the department;
896	896	(2) [(5)] have passed the tests or examinations
897	897	required by the department; and
898	898	(3) [(6)] possess the level of certification required
899	899	by the department.
900	900	(b-1) The department by rule shall establish, with input
901	901	from the advisory council on juvenile services and other relevant
902	902	stakeholders, the minimum education and experience requirements a
903	903	person must meet to be eligible for a juvenile probation officer
904	904	certification. Rules adopted by the department under this
905	905	subsection must be the least restrictive rules possible to ensure
906	906	certified juvenile probation officers are qualified to protect
907	907	children and public safety without creating barriers to entry into
908	908	the profession.
909	909	SECTION 32. Section 222.002, Human Resources Code, is
910	910	amended to read as follows:
911	911	Sec. 222.002. MINIMUM STANDARDS FOR DETENTION OFFICERS. To
912	912	be eligible for appointment as a detention officer, a person who was
913	913	not employed as a detention officer before September 1, 2005, must:
914	914	(1) [be of good moral character;
915	915	[(2)] be at least 21 years of age;
916	916	(2) [(3)] have acquired a high school diploma or its
917	917	equivalent;
918	918	(3) [(4)] have satisfactorily completed the course of
919	919	preservice training or instruction required by the department;
920	920	(4) [(5)] have passed the tests or examinations
921	921	required by the department; and
922	922	(5) [(6)] possess the level of certification required
923	923	by the department.
924	924	SECTION 33. Subchapter B, Chapter 222, Human Resources
925	925	Code, is amended by adding Sections 222.0521 and 222.0522 to read as
926	926	follows:
927	927	Sec. 222.0521. APPLICATION OF CERTAIN LAW. Chapter 53,
928	928	Occupations Code, applies to the issuance of a certification issued
929	929	by the department.
930	930	Sec. 222.0522. PROVISIONAL CERTIFICATION. (a) The
931	931	department may issue a provisional certification to an employee of
932	932	a juvenile probation department or a private facility that houses
933	933	youth on probation until the employee is certified under Section
934	934	222.001, 222.002, or 222.003, as applicable.
935	935	(b) The department shall adopt rules to implement
936	936	Subsection (a), including rules regarding eligibility for
937	937	provisional certification and application procedures.
938	938	SECTION 34. Section 223.001, Human Resources Code, is
939	939	amended by adding Subsections (a-1), (a-2), and (d-1) and amending
940	940	Subsection (c) to read as follows:
941	941	(a-1) The department may incorporate as factors in the basic
942	942	probation funding formula under Subsection (a) measures that create
943	943	incentives for diverting children from the juvenile justice system.
944	944	The department may prioritize factors for which the department
945	945	collects relevant information. The board may adopt rules
946	946	establishing and defining the factors under this subsection.
947	947	(a-2) When revising the basic probation funding formula
948	948	under Subsection (a), the department shall consult and coordinate
949	949	with relevant stakeholders, including:
950	950	(1) the advisory council on juvenile services; and
951	951	(2) the Legislative Budget Board.
952	952	(c) The department shall set aside a portion of the funds
953	953	appropriated to the department for discretionary state aid to fund
954	954	programs designed to address special needs or projects of local
955	955	juvenile boards, including projects dedicated to specific target
956	956	populations based on risk and needs, and with established
957	957	recidivism reduction goals. The department shall develop
958	958	discretionary grant funding protocols based on documented,
959	959	data-driven, and research-based practices. The department may
960	960	incorporate incentives into the discretionary grant funding
961	961	protocols that encourage collaboration between juvenile probation
962	962	departments.
963	963	(d-1) The board, in consultation with the advisory council
964	964	on juvenile services, shall adopt rules requiring a juvenile
965	965	probation department to apply for the placement of a child in a
966	966	regional specialized program before a juvenile court commits the
967	967	child to the department's custody under Chapter 54, Family Code.
968	968	The board by rule may establish exceptions to this requirement for
969	969	offenses or circumstances the department considers inappropriate
970	970	for diversion from commitment to state custody.
971	971	SECTION 35. Chapter 241, Human Resources Code, is amended
972	972	by adding Section 241.009 to read as follows:
973	973	Sec. 241.009. COMMITMENT INFORMATION. (a) Not later than
974	974	October 1 of each year, the department shall publish on the
975	975	department's Internet website aggregated information on the number
976	976	of children committed to the department during the previous fiscal
977	977	year, categorized by:
978	978	(1) committing offense level;
979	979	(2) sentence type;
980	980	(3) age; and
981	981	(4) sex.
982	982	(b) The department shall publish quarterly on the
983	983	department's Internet website end-of-month data described by
984	984	Subsection (a), aggregated for all children committed to the
985	985	department and for children placed in each secure facility and
986	986	halfway house.
987	987	(c) The department shall ensure that information regarding
988	988	an individual child cannot be identified in any of the aggregated
989	989	information published under this section.
990	990	SECTION 36. The heading to Section 242.002, Human Resources
991	991	Code, is amended to read as follows:
992	992	Sec. 242.002. [EVALUATION OF] TREATMENT PROGRAMS;
993	993	AVAILABILITY.
994	994	SECTION 37. Sections 242.002(c) and (d), Human Resources
995	995	Code, are amended to read as follows:
996	996	(c) The department shall offer or make available programs
997	997	for the rehabilitation and reestablishment in society of children
998	998	committed to the department, including programs for females and for
999	999	sex offenders, capital offenders, children who are chemically
1000	1000	dependent, and children with mental illness, [described by
1001	1001	Subsection (a)] in an adequate manner so that a child in the custody
1002	1002	of the department receives appropriate rehabilitation services
1003	1003	recommended for the child by the court committing the child to the
1004	1004	department.
1005	1005	(d) If the department is unable to offer or make available
1006	1006	programs described by [Subsection (a) in the manner provided by]
1007	1007	Subsection (c), the department shall, not later than December 31 of
1008	1008	each even-numbered year, provide the standing committees of the
1009	1009	senate and house of representatives with primary jurisdiction over
1010	1010	matters concerning correctional facilities with a report
1011	1011	explaining:
1012	1012	(1) which programs are not offered or are unavailable;
1013	1013	and
1014	1014	(2) the reason the programs are not offered or are
1015	1015	unavailable.
1016	1016	SECTION 38. Section 242.056(a), Human Resources Code, is
1017	1017	amended to read as follows:
1018	1018	(a) The department shall allow advocacy and support groups
1019	1019	whose primary functions are to benefit children, inmates, girls and
1020	1020	women, persons with mental illness [the mentally ill], or victims
1021	1021	of sexual assault to provide on-site information, support, and
1022	1022	other services for children confined in department facilities.
1023	1023	SECTION 39. Section 242.102, Human Resources Code, is
1024	1024	amended by amending Subsections (a), (b), (c), (d), (e), (g), and
1025	1025	(h) and adding Subsections (a-1), (a-2), (b-1), and (c-1) to read as
1026	1026	follows:
1027	1027	(a) The office of inspector general is established at the
1028	1028	department under the direction of the board as a law enforcement
1029	1029	agency for the purpose of:
1030	1030	(1) preventing, detecting, and investigating:
1031	1031	(A) crimes committed by department employees,
1032	1032	including parole officers employed by or under a contract with the
1033	1033	department; and
1034	1034	(B) crimes and delinquent conduct committed at a
1035	1035	facility operated by the department, a residential facility
1036	1036	operated by another entity under a contract with the department, or
1037	1037	any facility in which a child committed to the custody of the
1038	1038	department is housed or receives medical or mental health
1039	1039	treatment, including:
1040	1040	(i) unauthorized or illegal entry into a
1041	1041	department facility;
1042	1042	(ii) the introduction of contraband into a
1043	1043	department facility;
1044	1044	(iii) escape from a secure facility; and
1045	1045	(iv) organized criminal activity; [and]
1046	1046	(2) investigating complaints received under Section
1047	1047	203.010 involving allegations of abuse, neglect, or exploitation of
1048	1048	children in juvenile justice programs or facilities under Section
1049	1049	261.405, Family Code;
1050	1050	(3) investigating complaints of abuse, neglect, or
1051	1051	exploitation of:
1052	1052	(A) juveniles housed in a pre-adjudication or
1053	1053	post-adjudication public or private secure or nonsecure facility
1054	1054	regardless of licensing entity; and
1055	1055	(B) juveniles committed to the department;
1056	1056	(4) apprehending juveniles after escape or violation
1057	1057	of release conditions as described by Section 243.051;
1058	1058	(5) investigating gang-related activity within the
1059	1059	juvenile justice system; and
1060	1060	(6) performing entry security and exterior perimeter
1061	1061	security searches for a department-operated secure correctional
1062	1062	facility, as defined by Section 51.02, Family Code.
1063	1063	(a-1) The office of inspector general has concurrent
1064	1064	jurisdiction on agreement with the local law enforcement agency to
1065	1065	conduct a criminal investigation under Subsection (a)(3).
1066	1066	(a-2) The office of inspector general shall operate the
1067	1067	incident reporting center for the department under Section 203.014.
1068	1068	(b) The office of inspector general shall prepare an
1069	1069	investigative [and deliver a] report concerning the results of
1070	1070	investigations [any investigation] conducted under this section
1071	1071	and may deliver the report to any of the following:
1072	1072	(1) the department [board];
1073	1073	(2) the appropriate district or county attorney
1074	1074	[executive director];
1075	1075	(3) any applicable advisory board;
1076	1076	(4) the governor;
1077	1077	(5) the lieutenant governor;
1078	1078	(6) the speaker of the house of representatives;
1079	1079	(7) the standing committees of the senate and house of
1080	1080	representatives with primary jurisdiction over matters concerning
1081	1081	correctional facilities;
1082	1082	(8) the special prosecution unit;
1083	1083	(9) the state auditor; or [and]
1084	1084	(10) any other appropriate state agency responsible
1085	1085	for licensing or certifying department employees or facilities.
1086	1086	(b-1) An individual or entity that receives a report under
1087	1087	Subsection (b) may not disclose the information unless otherwise
1088	1088	authorized by law.
1089	1089	(c) The report prepared under Subsection (b) must include a
1090	1090	summary of the actions performed by the office of inspector general
1091	1091	in conducting the investigation, a statement of whether the
1092	1092	investigation resulted in a determination [finding] that abuse,
1093	1093	neglect, or exploitation, a criminal offense, or delinquent conduct
1094	1094	occurred, and a description of the determination [finding]. The
1095	1095	report is public information under Chapter 552, Government Code,
1096	1096	only to the extent authorized under that chapter and other law.
1097	1097	(c-1) The board by rule shall require any findings related
1098	1098	to an administrative investigation under Subsection (a)(2) to be
1099	1099	reviewed for legal sufficiency before being made public.
1100	1100	(d) The office of inspector general may employ
1101	1101	investigators and security officers and employ and appoint
1102	1102	[commission] inspectors general as peace officers for the purpose
1103	1103	of carrying out the duties described by this section. An inspector
1104	1104	general shall have all of the powers and duties given to peace
1105	1105	officers under Article 2.13, Code of Criminal Procedure.
1106	1106	(e) Peace officers employed and appointed [commissioned]
1107	1107	under Subsection (d) must:
1108	1108	(1) be certified by the Texas Commission on Law
1109	1109	Enforcement under Chapter 1701, Occupations Code; and
1110	1110	(2) complete advanced courses relating to the duties
1111	1111	of peace officers employed and appointed [commissioned] under
1112	1112	Subsection (d) as part of any continuing education requirements for
1113	1113	the peace officers.
1114	1114	(g) The chief inspector general shall on a quarterly basis
1115	1115	prepare and deliver a report concerning the operations of the
1116	1116	office of inspector general to:
1117	1117	(1) the board;
1118	1118	(2) the executive director;
1119	1119	(3) any applicable advisory board;
1120	1120	(4) the governor;
1121	1121	(5) the lieutenant governor;
1122	1122	(6) the speaker of the house of representatives;
1123	1123	(7) the standing committees of the senate and house of
1124	1124	representatives with primary jurisdiction over correctional
1125	1125	facilities;
1126	1126	(8) the state auditor; [and]
1127	1127	(9) the comptroller; and
1128	1128	(10) the special prosecution unit.
1129	1129	(h) A report prepared under Subsection (g) is public
1130	1130	information under Chapter 552, Government Code, to the extent
1131	1131	authorized under that chapter and other law, and the department
1132	1132	shall publish the report on the department's Internet website. A
1133	1133	report must be both aggregated and disaggregated by individual
1134	1134	facility and include information relating to:
1135	1135	(1) the types of investigations conducted by the
1136	1136	office of inspector general, such as whether an investigation
1137	1137	concerned narcotics or an alleged incident of sexual abuse;
1138	1138	(2) the relationship of a victim to a perpetrator, if
1139	1139	applicable; [and]
1140	1140	(3) the number of investigations conducted concerning
1141	1141	suicides, deaths, and hospitalizations of children in the custody
1142	1142	of the department at secure facilities, on parole, or at other
1143	1143	placement locations; and
1144	1144	(4) the final disposition of any complaint received
1145	1145	under Section 203.010 related to juvenile probation departments and
1146	1146	Section 261.405, Family Code, that concerns the abuse, neglect, or
1147	1147	exploitation of a juvenile.
1148	1148	SECTION 40. Section 243.001, Human Resources Code, is
1149	1149	amended by adding Subsection (d) to read as follows:
1150	1150	(d) The department shall place a child in the most
1151	1151	restrictive setting appropriate as the child awaits an adjudication
1152	1152	or prosecution for conduct constituting a felony of the first or
1153	1153	second degree while in the department's custody. The board by rule
1154	1154	shall establish placement procedures that guide the department in
1155	1155	determining the most appropriate setting for the child based on
1156	1156	rehabilitative needs while preserving due process rights.
1157	1157	SECTION 41. The heading to Section 244.011, Human Resources
1158	1158	Code, is amended to read as follows:
1159	1159	Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL
1160	1160	DISABILITIES [MENTAL RETARDATION].
1161	1161	SECTION 42. Sections 244.011(a), (b), (e), (f), and (g),
1162	1162	Human Resources Code, are amended to read as follows:
1163	1163	(a) The department shall accept a child with mental illness
1164	1164	or intellectual disabilities who is committed to the department
1165	1165	[who is mentally ill or mentally retarded].
1166	1166	(b) Unless the [a] child is committed to the department
1167	1167	under a determinate sentence under Section 54.04(d)(3), 54.04(m),
1168	1168	or 54.05(f), Family Code, the department shall discharge a child
1169	1169	with mental illness or intellectual disabilities [who is mentally
1170	1170	ill or mentally retarded] from its custody if:
1171	1171	(1) the child has completed the minimum length of stay
1172	1172	for the child's committing offense; and
1173	1173	(2) the department determines that the child is unable
1174	1174	to progress in the department's rehabilitation programs because of
1175	1175	the child's mental illness or intellectual disabilities [mental
1176	1176	retardation].
1177	1177	(e) If a child who is discharged from the department under
1178	1178	Subsection (b) as a result of an intellectual disability [mental
1179	1179	retardation] is not receiving intellectual disability [mental
1180	1180	retardation] services, the child's discharge is effective on the
1181	1181	earlier of:
1182	1182	(1) the date the court enters an order regarding an
1183	1183	application for intellectual disability [mental retardation]
1184	1184	services filed under Section 244.012(b); or
1185	1185	(2) the 30th day after the date that the application is
1186	1186	filed.
1187	1187	(f) If a child who is discharged from the department under
1188	1188	Subsection (b) as a result of an intellectual disability [mental
1189	1189	retardation] is receiving intellectual disability [mental
1190	1190	retardation] services, the child's discharge from the department
1191	1191	is effective immediately.
1192	1192	(g) If a child with mental illness or intellectual
1193	1193	disabilities [who is mentally ill or mentally retarded] is
1194	1194	discharged from the department under Subsection (b), the child is
1195	1195	eligible to receive continuity of care services from the Texas
1196	1196	Correctional Office on Offenders with Medical or Mental Impairments
1197	1197	under Chapter 614, Health and Safety Code.
1198	1198	SECTION 43. Section 244.012, Human Resources Code, is
1199	1199	amended to read as follows:
1200	1200	Sec. 244.012. EXAMINATION BEFORE DISCHARGE. (a) The
1201	1201	department shall establish a system that identifies children with
1202	1202	mental illness or intellectual disabilities in the department's
1203	1203	custody [who are mentally ill or mentally retarded].
1204	1204	(b) Before a child with mental illness [who is identified as
1205	1205	mentally ill] is discharged from the department's custody under
1206	1206	Section 244.011(b), a department psychiatrist shall examine the
1207	1207	child. The department shall refer a child requiring outpatient
1208	1208	psychiatric treatment to the appropriate mental health authority.
1209	1209	For a child requiring inpatient psychiatric treatment, the
1210	1210	department shall file a sworn application for court-ordered mental
1211	1211	health services, as provided in Subchapter C, Chapter 574, Health
1212	1212	and Safety Code, if:
1213	1213	(1) the child is not receiving court-ordered mental
1214	1214	health services; and
1215	1215	(2) the psychiatrist who examined the child determines
1216	1216	that the child is a child with mental illness [mentally ill] and the
1217	1217	child meets at least one of the criteria listed in Section 574.034
1218	1218	or 574.0345, Health and Safety Code.
1219	1219	(c) Before a child who is identified as having an
1220	1220	intellectual disability [mentally retarded] under Chapter 593,
1221	1221	Health and Safety Code, is discharged from the department's custody
1222	1222	under Section 244.011(b), the department shall refer the child for
1223	1223	intellectual disability [mental retardation] services if the child
1224	1224	is not receiving intellectual disability [mental retardation]
1225	1225	services.
1226	1226	SECTION 44. Section 244.014, Human Resources Code, is
1227	1227	amended by adding Subsection (a-1) to read as follows:
1228	1228	(a-1) After a child sentenced to commitment under Section
1229	1229	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
1230	1230	of age but before the child becomes 19 years of age, the department
1231	1231	shall refer the child to the juvenile court that entered the order
1232	1232	of commitment for approval of the child's transfer to the Texas
1233	1233	Department of Criminal Justice for confinement if:
1234	1234	(1) the child has not completed the sentence;
1235	1235	(2) while the child was committed to the custody of the
1236	1236	department, the child was subsequently adjudicated or convicted for
1237	1237	conduct constituting a felony of the first or second degree or an
1238	1238	offense punishable under Section 22.01(b)(1), Penal Code; and
1239	1239	(3) the child was at least 16 years of age at the time
1240	1240	the conduct occurred.
1241	1241	SECTION 45. Sections 245.0535(h) and (i), Human Resources
1242	1242	Code, are amended to read as follows:
1243	1243	(h) The department shall conduct and coordinate research:
1244	1244	(1) to determine whether the comprehensive reentry and
1245	1245	reintegration plan developed under this section reduces recidivism
1246	1246	rates; and
1247	1247	(2) to review the effectiveness of the department's
1248	1248	programs for the rehabilitation and reestablishment in society of
1249	1249	children committed to the department, including programs for
1250	1250	females and for sex offenders, capital offenders, children who are
1251	1251	chemically dependent, and children with mental illness.
1252	1252	(i) Not later than December 31 of each even-numbered year,
1253	1253	the department shall deliver a report of the results of research
1254	1254	conducted or coordinated under Subsection (h) to the lieutenant
1255	1255	governor, the speaker of the house of representatives, the
1256	1256	Legislative Budget Board, and the standing committees of each house
1257	1257	of the legislature with primary jurisdiction over juvenile justice
1258	1258	and corrections.
1259	1259	SECTION 46. Section 261.002, Human Resources Code, is
1260	1260	amended to read as follows:
1261	1261	Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of
1262	1262	independent ombudsman is a state agency established for the purpose
1263	1263	of investigating, evaluating, and securing the rights of [the]
1264	1264	children:
1265	1265	(1) committed to the department, including a child
1266	1266	released under supervision before final discharge; and
1267	1267	(2) adjudicated for conduct that constitutes an
1268	1268	offense and placed in a facility operated by or contracted with a
1269	1269	juvenile probation department or juvenile board.
1270	1270	SECTION 47. Section 261.056(a), Human Resources Code, is
1271	1271	amended to read as follows:
1272	1272	(a) The department shall allow any child committed to the
1273	1273	department or adjudicated for conduct that constitutes an offense
1274	1274	and placed in a facility operated by or contracted with a juvenile
1275	1275	probation department or juvenile board to communicate with the
1276	1276	independent ombudsman or an assistant to the ombudsman. The
1277	1277	communication:
1278	1278	(1) may be in person, by mail, or by any other means;
1279	1279	and
1280	1280	(2) is confidential and privileged.
1281	1281	SECTION 48. Section 261.057, Human Resources Code, is
1282	1282	amended to read as follows:
1283	1283	Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The
1284	1284	independent ombudsman shall promote awareness among the public and
1285	1285	the children committed to the department or adjudicated for conduct
1286	1286	that constitutes an offense and placed in a facility operated by or
1287	1287	contracted with a juvenile probation department or juvenile board
1288	1288	of:
1289	1289	(1) how the office may be contacted;
1290	1290	(2) the purpose of the office; and
1291	1291	(3) the services the office provides.
1292	1292	SECTION 49. Section 261.061(c), Human Resources Code, is
1293	1293	amended to read as follows:
1294	1294	(c) The office shall periodically notify the complaint
1295	1295	parties of the status of the complaint until final disposition
1296	1296	unless the notice would jeopardize an investigation.
1297	1297	SECTION 50. Section 261.101, Human Resources Code, is
1298	1298	amended by amending Subsection (a) and adding Subsection (g) to
1299	1299	read as follows:
1300	1300	(a) The independent ombudsman shall:
1301	1301	(1) review the procedures established by the board and
1302	1302	evaluate the delivery of services to children to ensure that the
1303	1303	rights of children are fully observed;
1304	1304	(2) review complaints filed with the independent
1305	1305	ombudsman concerning the actions of the department, juvenile
1306	1306	probation departments, or other entities operating facilities in
1307	1307	which children adjudicated for conduct that constitutes an offense
1308	1308	are placed and investigate each complaint in which it appears that a
1309	1309	child may be in need of assistance from the independent ombudsman;
1310	1310	(3) conduct investigations of complaints, other than
1311	1311	complaints alleging criminal behavior, if the office determines
1312	1312	that:
1313	1313	(A) a child committed to the department, a child
1314	1314	adjudicated for conduct that constitutes an offense and placed in a
1315	1315	facility operated by or contracted with a juvenile probation
1316	1316	department or juvenile board, or the child's family may be in need
1317	1317	of assistance from the office; or
1318	1318	(B) a systemic issue raised in a complaint about
1319	1319	the [department's] provision of services to children by the
1320	1320	department, juvenile probation departments, or other entities
1321	1321	operating facilities in which children adjudicated for conduct that
1322	1322	constitutes an offense are placed [is raised by a complaint];
1323	1323	(4) review or inspect periodically the facilities and
1324	1324	procedures of any institution or residence in which a child
1325	1325	adjudicated for conduct that constitutes an offense has been placed
1326	1326	by the department or a juvenile probation department, whether
1327	1327	public or private, to ensure that the rights of children are fully
1328	1328	observed;
1329	1329	(5) provide assistance to a child or family who the
1330	1330	independent ombudsman determines is in need of assistance,
1331	1331	including advocating with an agency, provider, or other person in
1332	1332	the best interests of the child;
1333	1333	(6) review court orders as necessary to fulfill its
1334	1334	duties;
1335	1335	(7) recommend changes in any procedure relating to the
1336	1336	treatment of children committed to the department or adjudicated
1337	1337	for conduct that constitutes an offense and placed in a facility
1338	1338	operated by or contracted with a juvenile probation department or
1339	1339	juvenile board;
1340	1340	(8) make appropriate referrals under any of the duties
1341	1341	and powers listed in this subsection;
1342	1342	(9) supervise assistants who are serving as advocates
1343	1343	in internal administrative and disciplinary hearings by
1344	1344	representing [in their representation of] children committed to the
1345	1345	department or adjudicated for conduct that constitutes an offense
1346	1346	and placed in a facility operated by or contracted with a juvenile
1347	1347	probation department or juvenile board [internal administrative
1348	1348	and disciplinary hearings];
1349	1349	(10) review reports received by the department
1350	1350	relating to complaints regarding juvenile probation programs,
1351	1351	services, or facilities and analyze the data contained in the
1352	1352	reports to identify trends in complaints;
1353	1353	(11) report a possible standards violation by a
1354	1354	[local] juvenile probation department to the appropriate division
1355	1355	of the department; and
1356	1356	(12) immediately report the findings of any
1357	1357	investigation related to the operation of a post-adjudication
1358	1358	correctional facility in a county to the chief juvenile probation
1359	1359	officer and the juvenile board of the county.
1360	1360	(g) The department and juvenile probation departments shall
1361	1361	notify the office regarding any private facility described by
1362	1362	Subsection (f)(1) with which the department or the juvenile
1363	1363	probation department contracts to place children adjudicated as
1364	1364	having engaged in conduct indicating a need for supervision or
1365	1365	delinquent conduct. The report under this subsection must be made
1366	1366	annually and updated at the time a new contract is entered into with
1367	1367	a facility described by this subsection. The office shall adopt
1368	1368	rules to implement the reporting requirements under this
1369	1369	subsection, including the specific times the report must be made.
1370	1370	SECTION 51. Section 261.102, Human Resources Code, is
1371	1371	amended to read as follows:
1372	1372	Sec. 261.102. TREATMENT OF [DEPARTMENT] EMPLOYEES WHO
1373	1373	COOPERATE WITH INDEPENDENT OMBUDSMAN. The department, a juvenile
1374	1374	probation department, or another entity operating a facility in
1375	1375	which children adjudicated for conduct that constitutes an offense
1376	1376	are placed may not discharge or in any manner discriminate or
1377	1377	retaliate against an employee who in good faith makes a complaint to
1378	1378	the office of independent ombudsman or cooperates with the office
1379	1379	in an investigation.
1380	1380	SECTION 52. Subchapter C, Chapter 261, Human Resources
1381	1381	Code, is amended by adding Sections 261.105 and 261.106 to read as
1382	1382	follows:
1383	1383	Sec. 261.105. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)
1384	1384	The office shall develop a comprehensive set of risk factors to use
1385	1385	in assessing the overall risk level of facilities and entities
1386	1386	described by Section 261.101(f) and of department parole offices.
1387	1387	The risk factors may include:
1388	1388	(1) the entity type;
1389	1389	(2) past and repeat children's rights violations;
1390	1390	(3) the volume and types of complaints received by the
1391	1391	office;
1392	1392	(4) recent changes in a facility or parole office
1393	1393	leadership;
1394	1394	(5) high staff turnover;
1395	1395	(6) relevant investigations by the office of the
1396	1396	inspector general of the department;
1397	1397	(7) negative media attention; and
1398	1398	(8) the number of months since the date of the office's
1399	1399	last inspection of the entity.
1400	1400	(b) The office shall use the risk factors developed under
1401	1401	this section to guide the inspections of facilities and entities
1402	1402	described by Section 261.101(f), and of department parole offices,
1403	1403	by developing risk assessment tools with clear, objective standards
1404	1404	to use in assessing the overall risk level of each facility, entity,
1405	1405	or parole office.
1406	1406	(c) The office may develop distinct assessment tools under
1407	1407	Subsection (b) for different entity types, as appropriate.
1408	1408	(d) The office shall periodically review the assessment
1409	1409	tools developed under this section to ensure that the tools remain
1410	1410	up to date and meaningful, as determined by the office.
1411	1411	Sec. 261.106. RISK-BASED INSPECTIONS. (a) The office
1412	1412	shall adopt a policy prioritizing the inspection of facilities
1413	1413	conducted under Section 261.101(f) and of department parole offices
1414	1414	based on the relative risk level of each entity.
1415	1415	(b) The policy under Subsection (a) must require the office
1416	1416	to use the risk assessment tools established under Section 261.105
1417	1417	to determine how frequently and intensively the office conducts
1418	1418	risk-based inspections.
1419	1419	(c) The policy under Subsection (a) may provide for the
1420	1420	office to use alternative inspection methods for entities
1421	1421	determined to be low risk, including the following methods:
1422	1422	(1) desk audits of key documentation;
1423	1423	(2) abbreviated inspection procedures;
1424	1424	(3) videoconference technology; and
1425	1425	(4) other methods that are an alternative to
1426	1426	conducting an in-person inspection.
1427	1427	(d) On request by the office, the department, a juvenile
1428	1428	probation department, or a private facility under the office's
1429	1429	jurisdiction shall provide information on a routine basis, as
1430	1430	determined by the office, to assist the office in implementing a
1431	1431	risk-based inspection schedule.
1432	1432	SECTION 53. Section 261.151(c), Human Resources Code, is
1433	1433	amended to read as follows:
1434	1434	(c) A local law enforcement agency shall allow the
1435	1435	independent ombudsman access to its records relating to any child
1436	1436	in the care or custody of the department or any child adjudicated
1437	1437	for conduct that constitutes an offense and placed in a facility
1438	1438	operated by or contracted with a juvenile probation department or
1439	1439	juvenile board.
1440	1440	SECTION 54. Section 261.152, Human Resources Code, is
1441	1441	amended to read as follows:
1442	1442	Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
1443	1443	The independent ombudsman shall have access to the records of a
1444	1444	private entity that relate to a child committed to the department or
1445	1445	a child adjudicated for conduct that constitutes an offense and
1446	1446	placed in a private facility contracted with a juvenile probation
1447	1447	department or juvenile board.
1448	1448	SECTION 55. Subchapter D, Chapter 261, Human Resources
1449	1449	Code, is amended by adding Section 261.153 to read as follows:
1450	1450	Sec. 261.153. ACCESS TO INFORMATION OF JUVENILE PROBATION
1451	1451	DEPARTMENTS. The independent ombudsman shall have access to the
1452	1452	records of a juvenile probation department that relate to a child
1453	1453	adjudicated for conduct that constitutes an offense and placed in a
1454	1454	facility operated by or contracted with a juvenile probation
1455	1455	department or juvenile board.
1456	1456	SECTION 56. The following provisions are repealed:
1457	1457	(1) Section 58.009(d), Family Code;
1458	1458	(2) Section 221.011, Human Resources Code;
1459	1459	(3) Section 221.055, Human Resources Code;
1460	1460	(4) Sections 222.001(b) and (f), Human Resources Code;
1461	1461	(5) Sections 242.002(a) and (b), Human Resources Code;
1462	1462	(6) Section 243.052, Human Resources Code; and
1463	1463	(7) Section 246.002, Human Resources Code.
1464	1464	SECTION 57. (a) Not later than January 1, 2024, the Texas
1465	1465	Juvenile Justice Department shall repeal any rule requiring that an
1466	1466	individual must be of good moral character to qualify for a
1467	1467	department certification.
1468	1468	(b) Not later than December 1, 2024, the Texas Juvenile
1469	1469	Justice Department shall submit the first updated regionalization
1470	1470	plan required by Section 203.017(a-1), Human Resources Code, as
1471	1471	added by this Act.
1472	1472	SECTION 58. (a) Notwithstanding Section 202.001(b), Human
1473	1473	Resources Code, as amended by this Act, and except as otherwise
1474	1474	provided by this subsection, the term for a member of the Texas
1475	1475	Juvenile Justice Board serving on September 1, 2023, expires on
1476	1476	that date. A board member serving on that date may continue to
1477	1477	serve as a member of the board until a majority of appointments to
1478	1478	the board are made under Subsection (b) of this section. A member
1479	1479	of the board described by this subsection is eligible for
1480	1480	reappointment under Subsection (b) of this section.
1481	1481	(b) In making the initial appointments to the board
1482	1482	according to the changes in law made by this Act to Section 202.001,
1483	1483	Human Resources Code, the governor shall designate:
1484	1484	(1) three members to serve terms expiring February 1,
1485	1485	2025;
1486	1486	(2) three members to serve terms expiring February 1,
1487	1487	2027; and
1488	1488	(3) three members to serve terms expiring February 1,
1489	1489	2029.
1490	1490	SECTION 59. (a) Except as provided by Subsection (b) of
1491	1491	this section, Section 202.006, Human Resources Code, as amended by
1492	1492	this Act, applies to a member of the Texas Juvenile Justice Board
1493	1493	appointed before, on, or after the effective date of this Act.
1494	1494	(b) A member of the Texas Juvenile Justice Board who before
1495	1495	the effective date of this Act completed the training program
1496	1496	required by Section 202.006, Human Resources Code, as that law
1497	1497	existed before the effective date of this Act, is only required to
1498	1498	complete additional training on the subjects added by this Act to
1499	1499	the training program required by Section 202.006, Human Resources
1500	1500	Code. A board member described by this subsection may not vote,
1501	1501	deliberate, or be counted as a member in attendance at a meeting of
1502	1502	the board held on or after December 1, 2023, until the member
1503	1503	completes the additional training.
1504	1504	SECTION 60. This Act takes effect September 1, 2023.
1505	1505	______________________________ ______________________________
1506	1506	President of the Senate Speaker of the House
1507	1507	I hereby certify that S.B. No. 1727 passed the Senate on
1508	1508	April 12, 2023, by the following vote: Yeas 30, Nays 0;
1509	1509	May 25, 2023, Senate refused to concur in House amendments and
1510	1510	requested appointment of Conference Committee; May 26, 2023, House
1511	1511	granted request of the Senate; May 28, 2023, Senate adopted
1512	1512	Conference Committee Report by the following vote: Yeas 31,
1513	1513	Nays 0.
1514	1514	______________________________
1515	1515	Secretary of the Senate
1516	1516	I hereby certify that S.B. No. 1727 passed the House, with
1517	1517	amendments, on May 17, 2023, by the following vote: Yeas 141,
1518	1518	Nays 2, one present not voting; May 26, 2023, House granted request
1519	1519	of the Senate for appointment of Conference Committee;
1520	1520	May 28, 2023, House adopted Conference Committee Report by the
1521	1521	following vote: Yeas 110, Nays 31, two present not voting.
1522	1522	______________________________
1523	1523	Chief Clerk of the House
1524	1524	Approved:
1525	1525	______________________________
1526	1526	Date
1527	1527	______________________________
1528	1528	Governor