Texas 2023 - 88th Regular

Texas Senate Bill SB1868 Compare Versions

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1	1	88R13889 CJD-F
2	2	By: Perry S.B. No. 1868
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the office of inspector general
8	8	of the Texas Juvenile Justice Department.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.12, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
13	13	officers:
14	14	(1) sheriffs, their deputies, and those reserve
15	15	deputies who hold a permanent peace officer license issued under
16	16	Chapter 1701, Occupations Code;
17	17	(2) constables, deputy constables, and those reserve
18	18	deputy constables who hold a permanent peace officer license issued
19	19	under Chapter 1701, Occupations Code;
20	20	(3) marshals or police officers of an incorporated
21	21	city, town, or village, and those reserve municipal police officers
22	22	who hold a permanent peace officer license issued under Chapter
23	23	1701, Occupations Code;
24	24	(4) rangers, officers, and members of the reserve
25	25	officer corps commissioned by the Public Safety Commission and the
26	26	Director of the Department of Public Safety;
27	27	(5) investigators of the district attorneys', criminal
28	28	district attorneys', and county attorneys' offices;
29	29	(6) law enforcement agents of the Texas Alcoholic
30	30	Beverage Commission;
31	31	(7) each member of an arson investigating unit
32	32	commissioned by a city, a county, or the state;
33	33	(8) officers commissioned under Section 37.081,
34	34	Education Code, or Subchapter E, Chapter 51, Education Code;
35	35	(9) officers commissioned by the General Services
36	36	Commission;
37	37	(10) law enforcement officers commissioned by the
38	38	Parks and Wildlife Commission;
39	39	(11) officers commissioned under Chapter 23,
40	40	Transportation Code;
41	41	(12) municipal park and recreational patrolmen and
42	42	security officers;
43	43	(13) security officers and investigators commissioned
44	44	as peace officers by the comptroller;
45	45	(14) officers commissioned by a water control and
46	46	improvement district under Section 49.216, Water Code;
47	47	(15) officers commissioned by a board of trustees
48	48	under Chapter 54, Transportation Code;
49	49	(16) investigators commissioned by the Texas Medical
50	50	Board;
51	51	(17) officers commissioned by:
52	52	(A) the board of managers of the Dallas County
53	53	Hospital District, the Tarrant County Hospital District, the Bexar
54	54	County Hospital District, or the El Paso County Hospital District
55	55	under Section 281.057, Health and Safety Code;
56	56	(B) the board of directors of the Ector County
57	57	Hospital District under Section 1024.117, Special District Local
58	58	Laws Code;
59	59	(C) the board of directors of the Midland County
60	60	Hospital District of Midland County, Texas, under Section 1061.121,
61	61	Special District Local Laws Code; and
62	62	(D) the board of hospital managers of the Lubbock
63	63	County Hospital District of Lubbock County, Texas, under Section
64	64	1053.113, Special District Local Laws Code;
65	65	(18) county park rangers commissioned under
66	66	Subchapter E, Chapter 351, Local Government Code;
67	67	(19) investigators employed by the Texas Racing
68	68	Commission;
69	69	(20) officers commissioned under Chapter 554,
70	70	Occupations Code;
71	71	(21) officers commissioned by the governing body of a
72	72	metropolitan rapid transit authority under Section 451.108,
73	73	Transportation Code, or by a regional transportation authority
74	74	under Section 452.110, Transportation Code;
75	75	(22) investigators commissioned by the attorney
76	76	general under Section 402.009, Government Code;
77	77	(23) security officers and investigators commissioned
78	78	as peace officers under Chapter 466, Government Code;
79	79	(24) officers appointed by an appellate court under
80	80	Subchapter F, Chapter 53, Government Code;
81	81	(25) officers commissioned by the state fire marshal
82	82	under Chapter 417, Government Code;
83	83	(26) an investigator commissioned by the commissioner
84	84	of insurance under Section 701.104, Insurance Code;
85	85	(27) officers appointed by the chief inspector general
86	86	of [apprehension specialists and inspectors general commissioned
87	87	by] the Texas Juvenile Justice Department [as officers] under
88	88	Section [Sections] 242.102 [and 243.052], Human Resources Code;
89	89	(28) officers appointed by the inspector general of
90	90	the Texas Department of Criminal Justice under Section 493.019,
91	91	Government Code;
92	92	(29) investigators commissioned by the Texas
93	93	Commission on Law Enforcement under Section 1701.160, Occupations
94	94	Code;
95	95	(30) commission investigators commissioned by the
96	96	Texas Private Security Board under Section 1702.061, Occupations
97	97	Code;
98	98	(31) the fire marshal and any officers, inspectors, or
99	99	investigators commissioned by an emergency services district under
100	100	Chapter 775, Health and Safety Code;
101	101	(32) officers commissioned by the State Board of
102	102	Dental Examiners under Section 254.013, Occupations Code, subject
103	103	to the limitations imposed by that section; and
104	104	(33) [investigators commissioned by the Texas
105	105	Juvenile Justice Department as officers under Section 221.011,
106	106	Human Resources Code; and
107	107	[(34)] the fire marshal and any related officers,
108	108	inspectors, or investigators commissioned by a county under
109	109	Subchapter B, Chapter 352, Local Government Code.
110	110	SECTION 2. Articles 18B.001(1) and (4), Code of Criminal
111	111	Procedure, are amended to read as follows:
112	112	(1) "Authorized peace officer" means:
113	113	(A) a sheriff or deputy sheriff;
114	114	(B) a constable or deputy constable;
115	115	(C) a marshal or police officer of a
116	116	municipality;
117	117	(D) a ranger or officer commissioned by the
118	118	Public Safety Commission or the director of the department;
119	119	(E) an investigator of a prosecutor's office;
120	120	(F) a law enforcement agent of the Texas
121	121	Alcoholic Beverage Commission;
122	122	(G) a law enforcement officer commissioned by the
123	123	Parks and Wildlife Commission;
124	124	(H) an enforcement officer appointed by the
125	125	inspector general of the Texas Department of Criminal Justice under
126	126	Section 493.019, Government Code;
127	127	(I) a law enforcement officer commissioned by the
128	128	inspector general of the Texas Juvenile Justice Department;
129	129	(J) an investigator commissioned by the attorney
130	130	general under Section 402.009, Government Code; or
131	131	(K) [(J)] a member of an arson investigating unit
132	132	commissioned by a municipality, a county, or the state.
133	133	(4) "Designated law enforcement office or agency"
134	134	means:
135	135	(A) the sheriff's department of a county with a
136	136	population of 3.3 million or more;
137	137	(B) a police department in a municipality with a
138	138	population of 200,000 or more; [or]
139	139	(C) the office of inspector general of the Texas
140	140	Department of Criminal Justice; or
141	141	(D) the office of inspector general of the Texas
142	142	Juvenile Justice Department.
143	143	SECTION 3. Article 18B.252(b), Code of Criminal Procedure,
144	144	is amended to read as follows:
145	145	(b) If the director of the department or the director's
146	146	designee approves the policy submitted under Article 18B.251, the
147	147	inspector general of the Texas Department of Criminal Justice or
148	148	the inspector general's designee, the inspector general of the
149	149	Texas Juvenile Justice Department or the inspector general's
150	150	designee, or the sheriff or chief of a designated law enforcement
151	151	agency or the sheriff's or chief's designee, as applicable, shall
152	152	submit to the director a written list of all peace officers in the
153	153	designated law enforcement office or agency who are authorized to
154	154	possess, install, operate, or monitor pen registers, ESN readers,
155	155	or similar equipment.
156	156	SECTION 4. Article 18B.302(a), Code of Criminal Procedure,
157	157	is amended to read as follows:
158	158	(a) The inspector general of the Texas Department of
159	159	Criminal Justice, the inspector general of the Texas Juvenile
160	160	Justice Department or the inspector general's designee, or the
161	161	sheriff or chief of a designated law enforcement agency, as
162	162	applicable, shall submit to the director of the department a
163	163	written report of expenditures made by the designated law
164	164	enforcement office or agency to purchase and maintain a pen
165	165	register, ESN reader, or similar equipment authorized under this
166	166	chapter.
167	167	SECTION 5. Article 18B.451, Code of Criminal Procedure, is
168	168	amended to read as follows:
169	169	Art. 18B.451. SUBPOENA AUTHORITY. The director of the
170	170	department or the director's designee, the inspector general of the
171	171	Texas Department of Criminal Justice or the inspector general's
172	172	designee, the inspector general of the Texas Juvenile Justice
173	173	Department or the inspector general's designee, or the sheriff or
174	174	chief of a designated law enforcement agency or the sheriff's or
175	175	chief's designee may issue an administrative subpoena to a
176	176	communication common carrier or a provider of an electronic
177	177	communications service to compel the production of any carrier's or
178	178	service provider's business records that:
179	179	(1) disclose information about:
180	180	(A) the carrier's or service provider's
181	181	customers; or
182	182	(B) users of the services offered by the carrier
183	183	or service provider; and
184	184	(2) are material to a criminal investigation.
185	185	SECTION 6. Article 18B.452, Code of Criminal Procedure, is
186	186	amended to read as follows:
187	187	Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
188	188	than the 30th day after the date on which an administrative subpoena
189	189	is issued under Article 18B.451, the inspector general of the Texas
190	190	Department of Criminal Justice, the inspector general of the Texas
191	191	Juvenile Justice Department or the inspector general's designee, or
192	192	the sheriff or chief of a designated law enforcement agency, as
193	193	applicable, shall report to the department the issuance of the
194	194	subpoena.
195	195	SECTION 7. Section 659.301(5), Government Code, is amended
196	196	to read as follows:
197	197	(5) "State employee" means an individual who:
198	198	(A) is a commissioned law enforcement officer of
199	199	the Department of Public Safety, the Texas Facilities Commission,
200	200	the Texas Alcoholic Beverage Commission, the Texas Department of
201	201	Criminal Justice, the office of inspector general of the Texas
202	202	Juvenile Justice Department, the attorney general, or the insurance
203	203	fraud unit of the Texas Department of Insurance;
204	204	(B) is a commissioned security officer of the
205	205	comptroller;
206	206	(C) is a law enforcement officer commissioned by
207	207	the Parks and Wildlife Commission;
208	208	(D) is a commissioned peace officer of an
209	209	institution of higher education;
210	210	(E) is an employee or official of the Board of
211	211	Pardons and Paroles or the parole division of the Texas Department
212	212	of Criminal Justice if the employee or official has routine direct
213	213	contact with inmates of any penal or correctional institution or
214	214	with administratively released prisoners subject to the board's
215	215	jurisdiction;
216	216	(F) has been certified to the Employees
217	217	Retirement System of Texas under Section 815.505 as having begun
218	218	employment as a law enforcement officer or custodial officer,
219	219	unless the individual has been certified to the system as having
220	220	ceased employment as a law enforcement officer or custodial
221	221	officer;
222	222	(G) before May 29, 1987, received hazardous duty
223	223	pay based on the terms of any state law if the individual holds a
224	224	position designated under that law as eligible for the pay; or
225	225	(H) is a security officer employed by the Texas
226	226	Military Department.
227	227	SECTION 8. Section 661.918(a), Government Code, is amended
228	228	to read as follows:
229	229	(a) This section applies to a peace officer under Article
230	230	2.12, Code of Criminal Procedure, who is commissioned as a law
231	231	enforcement officer or agent, including a ranger, by:
232	232	(1) the Public Safety Commission and the director of
233	233	the Department of Public Safety;
234	234	(2) the Parks and Wildlife Commission;
235	235	(3) the Texas Alcoholic Beverage Commission;
236	236	(4) the attorney general; [or]
237	237	(5) the insurance fraud unit of the Texas Department
238	238	of Insurance; or
239	239	(6) the office of inspector general of the Texas
240	240	Juvenile Justice Department.
241	241	SECTION 9. Section 662.005(b), Government Code, is amended
242	242	to read as follows:
243	243	(b) Except as provided by Section 662.010, and
244	244	notwithstanding Section 659.015 or another law, a state employee
245	245	who is a peace officer commissioned by a state officer or state
246	246	agency listed under Article 2.12, Code of Criminal Procedure, or
247	247	who is employed by the Department of Public Safety either to perform
248	248	communications or dispatch services related to traffic law
249	249	enforcement or as a public security officer, as that term is defined
250	250	by Section 1701.001, Occupations Code, or who is employed by the
251	251	Parks and Wildlife Department to perform communications and
252	252	dispatch services to assist law enforcement officers commissioned
253	253	by the Parks and Wildlife Commission in performing law enforcement
254	254	duties, or who is employed by the office of inspector general of the
255	255	Texas Juvenile Justice Department to perform communication service
256	256	duties for the incident reporting center and to assist law
257	257	enforcement officers commissioned by the office of inspector
258	258	general for the Texas Juvenile Justice Department in performing
259	259	investigative duties, or who is employed as a security officer
260	260	providing security and entry searches for secure correctional
261	261	facilities operated by the Texas Juvenile Justice Department, and
262	262	who is required to work on a national or state holiday that falls on
263	263	a Saturday or Sunday is entitled to compensatory time off at the
264	264	rate of one hour for each hour worked on the holiday.
265	265	SECTION 10. Section 203.010, Human Resources Code, is
266	266	amended to read as follows:
267	267	Sec. 203.010. COMPLAINTS. (a) The office of inspector
268	268	general of the department shall maintain a system to promptly and
269	269	efficiently act on complaints received by the department by or on
270	270	behalf of a juvenile relating to the programs, services, or
271	271	facilities of the department or a local juvenile probation
272	272	department.
273	273	(b) The office of inspector general [department] shall make
274	274	information available describing its procedures for complaint
275	275	investigation and resolution.
276	276	(c) Criminal complaints initially referred to the office of
277	277	[the] inspector general relating to juvenile probation programs,
278	278	services, or facilities shall be sent to the appropriate local law
279	279	enforcement agency. The office of inspector general has concurrent
280	280	jurisdiction on agreement with the local law enforcement agency to
281	281	conduct a criminal investigation under Section 242.102. Any other
282	282	complaint shall be referred to the appropriate division of the
283	283	department. [The board by rule shall establish policies for the
284	284	referral of noncriminal complaints.]
285	285	(d) The office of inspector general [department] shall
286	286	provide immediate notice to a local juvenile probation department
287	287	of a complaint received by the department relating to the programs,
288	288	services, or facilities of the local juvenile probation department.
289	289	(e) The office of inspector general [department] shall
290	290	periodically notify the complaint parties of the status of the
291	291	complaint until final disposition, unless the notice would
292	292	jeopardize an undercover investigation. If the complaint relates
293	293	to a claim of abuse, neglect, or exploitation involving a local
294	294	juvenile probation department, the office of inspector general
295	295	[department] shall provide monthly updates on the status of the
296	296	complaint and immediate updates regarding department decisions to
297	297	the local juvenile probation department.
298	298	(f) The office of inspector general [department] shall keep
299	299	information about each written complaint filed with the
300	300	department. The information must include:
301	301	(1) the subject matter of the complaint;
302	302	(2) the parties to the complaint;
303	303	(3) a summary of the results of the review or
304	304	investigation of the complaint;
305	305	(4) the period of time between the date the complaint
306	306	is received and the date the complaint is closed; and
307	307	(5) the disposition of the complaint.
308	308	SECTION 11. Section 203.014(c), Human Resources Code, is
309	309	amended to read as follows:
310	310	(c) The office of inspector general shall operate the
311	311	toll-free number required by Subsection (a) and the 24-hour
312	312	incident reporting center and [department] shall share the
313	313	complaints received with the appropriate department entity [on the
314	314	toll-free number with the office of inspector general and the
315	315	office of the independent ombudsman].
316	316	SECTION 12. Section 242.102, Human Resources Code, is
317	317	amended by amending Subsections (a), (b), (c), (d), (g), and (h) and
318	318	adding Subsections (a-1), (a-2), and (j) to read as follows:
319	319	(a) The office of inspector general is established at the
320	320	department under the direction of the board as a law enforcement
321	321	agency for the purpose of:
322	322	(1) preventing, detecting, and investigating:
323	323	(A) crimes committed by department employees,
324	324	including parole officers employed by or under a contract with the
325	325	department; and
326	326	(B) crimes and delinquent conduct committed at a
327	327	facility operated by the department, a residential facility
328	328	operated by another entity under a contract with the department, or
329	329	any facility in which a child committed to the custody of the
330	330	department is housed or receives medical or mental health
331	331	treatment, including:
332	332	(i) unauthorized or illegal entry into a
333	333	department facility;
334	334	(ii) the introduction of contraband into a
335	335	department facility;
336	336	(iii) escape from a secure facility; and
337	337	(iv) organized criminal activity; [and]
338	338	(2) investigating complaints received under Section
339	339	203.010 involving allegations of abuse, neglect, or exploitation of
340	340	children in juvenile justice programs or facilities under Section
341	341	261.405, Family Code;
342	342	(3) investigating complaints of abuse, neglect, or
343	343	exploitation of:
344	344	(A) pre-adjudicated or post-adjudicated
345	345	juveniles housed in public or private secure or non-secure
346	346	facilities regardless of licensing entity; and
347	347	(B) juveniles committed to the department;
348	348	(4) apprehending juveniles after escape or violation
349	349	of release conditions as described by Section 243.051;
350	350	(5) investigating gang-related activity within the
351	351	juvenile justice system; and
352	352	(6) performing entry security and exterior perimeter
353	353	security searches for a department-operated secure correctional
354	354	facility, as defined by Section 51.02, Family Code.
355	355	(a-1) The office of inspector general has concurrent
356	356	jurisdiction on agreement with the local law enforcement agency to
357	357	conduct a criminal investigation under Subsection (a)(3).
358	358	(a-2) The office of inspector general shall operate the
359	359	incident reporting center for the department under Section 203.014.
360	360	(b) The office of inspector general shall prepare and
361	361	deliver an investigative [a] report concerning the results of
362	362	investigations [any investigation] conducted under this section to
363	363	the appropriate prosecutor or regulatory authority having
364	364	jurisdiction, including:
365	365	(1) the department [board];
366	366	(2) the appropriate district or county attorney
367	367	[executive director];
368	368	(3) [any applicable advisory board;
369	369	[(4) the governor;
370	370	[(5) the lieutenant governor;
371	371	[(6) the speaker of the house of representatives;
372	372	[(7) the standing committees of the senate and house
373	373	of representatives with primary jurisdiction over matters
374	374	concerning correctional facilities;
375	375	[(8)] the special prosecution unit;
376	376	(4) [(9)] the state auditor; and
377	377	(5) [(10)] any other appropriate state agency
378	378	responsible for licensing or certifying department employees or
379	379	facilities.
380	380	(c) The report prepared under Subsection (b) must include a
381	381	summary of the actions performed by the office of inspector general
382	382	in conducting the investigation, a statement of whether the
383	383	investigation resulted in a finding that abuse, neglect, or
384	384	exploitation, a criminal offense, or delinquent conduct occurred,
385	385	and a description of the finding. The report is public information
386	386	under Chapter 552, Government Code, only to the extent authorized
387	387	under that chapter and other law.
388	388	(d) The office of inspector general may employ
389	389	investigators, security officers, and commission inspectors
390	390	general as peace officers for the purpose of carrying out the duties
391	391	described by this section. An inspector general shall have all of
392	392	the powers and duties given to peace officers under Article 2.13,
393	393	Code of Criminal Procedure.
394	394	(g) The chief inspector general shall on a quarterly basis
395	395	prepare and deliver a report concerning the operations of the
396	396	office of inspector general to:
397	397	(1) the board;
398	398	(2) the executive director;
399	399	(3) any applicable advisory board;
400	400	(4) the governor;
401	401	(5) the lieutenant governor;
402	402	(6) the speaker of the house of representatives;
403	403	(7) the standing committees of the senate and house of
404	404	representatives with primary jurisdiction over correctional
405	405	facilities;
406	406	(8) the state auditor; [and]
407	407	(9) the comptroller; and
408	408	(10) the special prosecution unit.
409	409	(h) A report prepared under Subsection (g) is public
410	410	information under Chapter 552, Government Code, to the extent
411	411	authorized under that chapter and other law, and the department
412	412	shall publish the report on the department's Internet website. A
413	413	report must be both aggregated and disaggregated by individual
414	414	facility and include information relating to:
415	415	(1) the types of investigations conducted by the
416	416	office of inspector general, such as whether an investigation
417	417	concerned narcotics or an alleged incident of sexual abuse;
418	418	(2) the relationship of a victim to a perpetrator, if
419	419	applicable; [and]
420	420	(3) the number of investigations conducted concerning
421	421	suicides, deaths, and hospitalizations of children in the custody
422	422	of the department at secure facilities, on parole, or at other
423	423	placement locations; and
424	424	(4) the final disposition of any complaint received
425	425	under Section 203.010 related to juvenile probation departments and
426	426	Section 261.405, Family Code, that concerns the abuse, neglect, or
427	427	exploitation of a juvenile.
428	428	(j) The department shall ensure that a peace officer
429	429	commissioned under Subsection (g) is compensated according to
430	430	Schedule C of the position classification salary schedule
431	431	prescribed by the General Appropriations Act.
432	432	SECTION 13. Sections 221.011, 221.055, and 243.052, Human
433	433	Resources Code, are repealed.
434	434	SECTION 14. (a) The classification officer in the office
435	435	of the state auditor shall classify the position of commissioned
436	436	peace officer employed by the office of inspector general of the
437	437	Texas Juvenile Justice Department as a Schedule C position under
438	438	the Texas Position Classification Plan.
439	439	(b) The change made by the classification officer as
440	440	required by this section applies beginning with the state fiscal
441	441	biennium beginning September 1, 2023.
442	442	(c) This section expires September 1, 2025.
443	443	SECTION 15. Section 661.918(a), Government Code, as amended
444	444	by this Act, applies only to an injury that occurs on or after the
445	445	effective date of this Act.
446	446	SECTION 16. This Act takes effect September 1, 2023.