Texas 2025 - 89th Regular

Texas House Bill HB1515 Compare Versions

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11 89R9898 BCH/JDK-D
22 By: Canales H.B. No. 1515
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the continuation and functions of the Texas Board of
1010 Criminal Justice and the Texas Department of Criminal Justice and
1111 to the functions of the Board of Pardons and Paroles, the
1212 Correctional Managed Health Care Committee, the Texas Correctional
1313 Office on Offenders with Medical or Mental Impairments, and the
1414 Windham School District.
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1616 SECTION 1. Section 19.003, Education Code, is amended to
1717 read as follows:
1818 Sec. 19.003. GOALS OF THE DISTRICT. The goals of the
1919 district in educating its students are to:
2020 (1) reduce recidivism;
2121 (2) reduce the cost of confinement or imprisonment;
2222 (3) increase the success of former students [inmates]
2323 in obtaining and maintaining employment; and
2424 (4) provide an incentive to students [inmates] to
2525 behave in positive ways during confinement or imprisonment.
2626 SECTION 2. Section 19.004(c), Education Code, is amended to
2727 read as follows:
2828 (c) The district shall:
2929 (1) develop educational programs specifically
3030 designed for persons eligible under Section 19.005 and ensure that
3131 those programs, such as high school equivalency certificate [GED]
3232 and English as a second language [ESL], are integrated with an
3333 applied career and technical [vocational] context leading to
3434 employment;
3535 (2) [(1-a)] develop career and technical education
3636 [vocational training] programs specifically designed for persons
3737 eligible under Section 19.005 and prioritize the programs that
3838 result in certification or licensure, considering the impact that a
3939 previous felony conviction has on the ability to secure
4040 certification, licensure, and employment;
4141 (3) [(1-b)] continually assess job markets in this
4242 state and update, augment, and expand the career and technical
4343 education [vocational training] programs developed under
4444 Subdivision (2) [(1-a)] as necessary to provide relevant and
4545 marketable skills to students; and
4646 (4) [(2)] coordinate educational programs and
4747 services in the department with those provided by other state
4848 agencies, by political subdivisions, and by persons who provide
4949 programs and services under contract.
5050 SECTION 3. Section 19.0041(a), Education Code, is amended
5151 to read as follows:
5252 (a) To evaluate the effectiveness of its programs, the
5353 Windham School District shall compile and analyze information for
5454 each of its programs, including performance-based information and
5555 data related to academic, career and technical education
5656 [vocational training], and life skills programs. This information
5757 shall include for each person who participates in district programs
5858 an evaluation of:
5959 (1) institutional disciplinary violations;
6060 (2) subsequent arrests;
6161 (3) subsequent convictions or confinements;
6262 (4) the cost of confinement;
6363 (5) educational achievement;
6464 (6) high school equivalency examination passage;
6565 (7) the kind of training services provided;
6666 (8) the kind of employment the person obtains on
6767 release;
6868 (9) whether the employment was related to training;
6969 (10) the difference between the amount of the person's
7070 earnings on the date employment is obtained following release and
7171 the amount of those earnings on the first anniversary of that date;
7272 and
7373 (11) the retention factors associated with the
7474 employment.
7575 SECTION 4. Section 19.0042, Education Code, is amended to
7676 read as follows:
7777 Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE
7878 CAREER AND TECHNICAL EDUCATION [VOCATIONAL TRAINING] PROGRAM
7979 ENROLLMENT. Before a person described by Section 19.005 enrolls in
8080 a district career and technical education [vocational training]
8181 program, the district must inform the person in writing of:
8282 (1) any rule or policy of a state agency that would
8383 impose a restriction or prohibition on the person in obtaining a
8484 certificate or license in connection with the career and technical
8585 education [vocational training] program;
8686 (2) the total number of district students released
8787 during the preceding 10 years who have completed a district career
8888 and technical education [vocational training] program that allows
8989 for an opportunity to apply for a certificate or license from a
9090 state agency and, of those students:
9191 (A) the number who have applied for a certificate
9292 or license from a state agency;
9393 (B) the number who have been issued a certificate
9494 or license by a state agency; and
9595 (C) the number who have been denied a certificate
9696 or license by a state agency; and
9797 (3) the procedures for:
9898 (A) requesting a criminal history evaluation
9999 letter under Section 53.102, Occupations Code;
100100 (B) providing evidence of fitness to perform the
101101 duties and discharge the responsibilities of a licensed occupation
102102 for purposes of Section 53.023, Occupations Code; and
103103 (C) appealing a state agency's denial of a
104104 certificate or license, including deadlines and due process
105105 requirements:
106106 (i) to the State Office of Administrative
107107 Hearings under Subchapter C, Chapter 2001, Government Code; and
108108 (ii) through any other available avenue.
109109 SECTION 5. Section 19.010(a), Education Code, is amended to
110110 read as follows:
111111 (a) The district shall propose, and the board shall adopt
112112 with any modification the board finds necessary, a strategic plan
113113 that includes:
114114 (1) a mission statement relating to the goals and
115115 duties of the district under this chapter;
116116 (2) goals to be met by the district in carrying out the
117117 mission stated; and
118118 (3) specific educational, career and technical
119119 education [vocational training], and counseling programs to be
120120 conducted by the district to meet the goals stated in the plan.
121121 SECTION 6. Section 19.011, Education Code, is amended by
122122 amending Subsection (b) and adding Subsection (c) to read as
123123 follows:
124124 (b) The district shall coordinate career and technical
125125 [vocational] education and job training programs with a local
126126 workforce development board authorized by the Texas Workforce
127127 Commission to ensure that district students are equipped with the
128128 skills necessary to compete for current and emerging jobs.
129129 (c) The district may share data with the Texas Higher
130130 Education Coordinating Board for the purpose of administering
131131 postsecondary education programs within the department.
132132 SECTION 7. Section 492.002(a), Government Code, is amended
133133 to read as follows:
134134 (a) The board is composed of nine members appointed by the
135135 governor with the advice and consent of the senate. At least two
136136 members must have significant business or corporate experience.
137137 The governor may not appoint more than two members who reside in an
138138 area encompassed by the same administrative judicial region, as
139139 determined by Section 74.042.
140140 SECTION 8. Section 492.0031, Government Code, is amended by
141141 amending Subsection (b) and adding Subsection (d) to read as
142142 follows:
143143 (b) The training program must provide the person with
144144 information regarding:
145145 (1) the law governing [legislation that created the]
146146 department operations [and the board];
147147 (2) the programs, functions, rules, and budget of
148148 [operated by] the department;
149149 (3) the scope of and limitations on the rulemaking
150150 authority [role and functions] of the board [department];
151151 (4) [the rules of the department, with an emphasis on
152152 the rules that relate to disciplinary and investigatory authority;
153153 [(5) the current budget for the department;
154154 [(6)] the results of the most recent formal audit of
155155 the department;
156156 (5) [(7)] the requirements of:
157157 (A) the laws relating to open meetings, public
158158 information, administrative procedure, and disclosing conflicts of
159159 interest [law, Chapter 551]; and
160160 (B) other laws applicable to members of a state
161161 policy-making body in performing their duties [the public
162162 information law, Chapter 552;
163163 [(C) the administrative procedure law, Chapter
164164 2001; and
165165 [(D) other laws relating to public officials,
166166 including conflict of interest laws]; and
167167 (6) [(8)] any applicable ethics policies adopted by
168168 the department or the Texas Ethics Commission.
169169 (d) The executive director shall create a training manual
170170 that includes the information required by Subsection (b). The
171171 executive director shall distribute a copy of the training manual
172172 annually to each member of the board. Each member of the board
173173 shall sign and submit to the executive director a statement
174174 acknowledging that the member received and has reviewed the
175175 training manual.
176176 SECTION 9. Section 492.012, Government Code, is amended to
177177 read as follows:
178178 Sec. 492.012. SUNSET PROVISION. The Texas Board of
179179 Criminal Justice and the Texas Department of Criminal Justice are
180180 subject to Chapter 325 (Texas Sunset Act). Unless continued in
181181 existence as provided by that chapter, the board and the department
182182 are abolished September 1, 2037 [2025].
183183 SECTION 10. Chapter 493, Government Code, is amended by
184184 adding Sections 493.0084 and 493.036 to read as follows:
185185 Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS.
186186 (a) The department shall develop and maintain a comprehensive
187187 inventory of active programs offered in department facilities,
188188 including peer-led programs and volunteer-led programs, that
189189 includes the following information for each program:
190190 (1) program goals;
191191 (2) program capacity and enrollments; and
192192 (3) facilities where the program is offered.
193193 (b) The department shall make the inventory available to the
194194 public on the department's Internet website and continuously update
195195 the inventory.
196196 (c) The department shall collect and analyze data for the
197197 programs described by Subsection (a) to evaluate the effectiveness
198198 of the programs and to improve program offerings.
199199 (d) In carrying out the department's duties under
200200 Subsection (c), the department shall:
201201 (1) for programs claiming rehabilitative or reentry
202202 effects:
203203 (A) collect results-based performance data;
204204 (B) work with qualified internal or external
205205 researchers to develop criteria to evaluate the programs; and
206206 (C) use the criteria developed under Paragraph
207207 (B) to evaluate the programs, including the data described by
208208 Paragraph (A);
209209 (2) create a separate correctional elective programs
210210 category for non-evidence-based and non-evidence-informed programs
211211 and develop criteria to evaluate the programs;
212212 (3) collect and analyze data for program participants
213213 relating to:
214214 (A) institutional disciplinary violations;
215215 (B) subsequent arrests;
216216 (C) subsequent convictions or confinements;
217217 (D) employment obtained following release; and
218218 (E) cost of confinement; and
219219 (4) use the data described by Subdivision (3) to
220220 produce and compare recidivism rates and other correctional impact
221221 trends and to make changes to the programs as needed.
222222 (e) The department may make structural or programmatic
223223 adjustments to improve program performance in response to a program
224224 evaluation under this section indicating poor program performance.
225225 (f) Not later than December 1 of each even-numbered year,
226226 the department shall submit a report on the department's analysis
227227 of programs described by Subsection (a) to the board, the Board of
228228 Pardons and Paroles, the governor, the lieutenant governor, the
229229 speaker of the house of representatives, and each standing
230230 committee of the legislature with primary jurisdiction over the
231231 department.
232232 (g) The department may enter into a memorandum of
233233 understanding with other entities to obtain and share data
234234 necessary to evaluate programs under this section.
235235 Sec. 493.036. LONG-TERM FACILITIES AND STAFFING PLAN. (a)
236236 The department shall prepare a 10-year plan that:
237237 (1) identifies the department's facility and capacity
238238 needs; and
239239 (2) includes recommendations for how the state can
240240 house inmates in facilities that are adequately staffed.
241241 (b) The plan under Subsection (a) must:
242242 (1) examine the department's ability to operate each
243243 facility based on current and future staffing levels, including
244244 cost to the department, with consideration of demographic and
245245 economic trends and facility repair needs;
246246 (2) evaluate how the department will distribute or
247247 consolidate inmates efficiently based on capacity and factors such
248248 as custody level, medical needs, and other special needs;
249249 (3) evaluate any facility retrofitting necessary to
250250 accommodate the needs of the department's inmate population;
251251 (4) evaluate the construction necessary to increase
252252 capacity to manage the department's projected inmate population,
253253 including:
254254 (A) the ways in which the construction can be
255255 done in well-staffed areas of the state on existing department
256256 property; and
257257 (B) proposed timelines for the construction;
258258 (5) include a phased implementation plan for closing
259259 facilities with persistent staffing challenges; and
260260 (6) include estimated savings from reduced
261261 maintenance costs and any potential real property sales with
262262 respect to facilities included in the phased implementation plan.
263263 (c) In developing the plan under Subsection (a), the
264264 department:
265265 (1) must consider the various regional needs of the
266266 state, including any ancillary or community benefits associated
267267 with department facilities; and
268268 (2) may contract with a third party as needed.
269269 (d) In identifying potential facilities for closure as part
270270 of the phased implementation plan described by Subsection (b)(5),
271271 the department shall consider, at a minimum, the following factors
272272 with respect to each facility:
273273 (1) the department's ability to staff the facility and
274274 the facility's operation and maintenance costs;
275275 (2) vacancy rates;
276276 (3) facility capacity;
277277 (4) county-level demographic and economic data;
278278 (5) deferred maintenance costs;
279279 (6) receipt of correctional officers via staff
280280 transport models;
281281 (7) number of climate-controlled beds; and
282282 (8) maximum security status.
283283 (e) Not later than September 1, 2026, and every fourth
284284 anniversary of that date, the department shall submit:
285285 (1) the plan to the board for approval; and
286286 (2) the approved plan to the governor, the lieutenant
287287 governor, the speaker of the house of representatives, and each
288288 standing legislative committee with jurisdiction over
289289 appropriations or the department.
290290 SECTION 11. Section 497.022, Government Code, is amended to
291291 read as follows:
292292 Sec. 497.022. CONTRACTS. The department may contract with:
293293 (1) another state, the federal government, a foreign
294294 government, or an agency of any of those governments to manufacture
295295 for or sell to those governments prison-made articles or products;
296296 (2) a private or independent institution of higher
297297 education to manufacture for or sell to that school or institution
298298 prison-made articles or products; or
299299 (3) a private school or a [visually handicapped]
300300 person with visual impairment in this state to manufacture Braille
301301 textbooks or other instructional aids for the education of
302302 [visually handicapped] persons with visual impairment.
303303 SECTION 12. Section 499.101, Government Code, is amended to
304304 read as follows:
305305 Sec. 499.101. MAXIMUM CAPACITIES [EXISTING UNITS]. (a)
306306 The board by rule shall establish maximum capacities for the units
307307 in the institutional division. [are as follows:
308308 [Beto I3,000
309309 [Beto II888
310310 [Boyd1,012
311311 [Briscoe1,012
312312 [Central720
313313 [Clemens851
314314 [Clements2,200
315315 [Coffield3,000
316316 [Daniel1,012
317317 [Darrington1,610
318318 [Diagnostic1,365
319319 [Eastham2,050
320320 [Ellis I1,900
321321 [Ellis II2,260
322322 [Ferguson2,100
323323 [Gatesville1,571
324324 [Goree1,058
325325 [Hightower1,012
326326 [Hilltop761
327327 [Hobby1,012
328328 [Hughes2,264
329329 [Huntsville1,705
330330 [Jester I323
331331 [Jester II378
332332 [Jester III908
333333 [Lewis1,012
334334 [McConnell2,264
335335 [Michael2,264
336336 [Mountain View718
337337 [Pack I864
338338 [Pack II1,088
339339 [Panpa1,012
340340 [Ramsey I1,400
341341 [Ramsey II850
342342 [Ramsey III1,000
343343 [Retrieve770
344344 [Roach1,012
345345 [Robertson2,264
346346 [Smith1,012
347347 [Stiles2,264
348348 [Terrell2,264
349349 [Torres1,012
350350 [Wynne2,300]
351351 (b) It is the intent of the legislature that as case law
352352 evolves and indicates that maximum capacities for units in the
353353 institutional division [established under Subsection (a)] may be
354354 increased, the staff of the institutional division shall use the
355355 procedures established by this subchapter to increase those
356356 capacities. There shall be no cause of action against the
357357 institutional division for failure to take action under this
358358 subsection.
359359 SECTION 13. Section 499.102(a), Government Code, is amended
360360 to read as follows:
361361 (a) The staff of the institutional division, on its own
362362 initiative or as directed by the governor or the board, may
363363 recommend to the administration of the institutional division that
364364 the maximum capacity [established under Section 499.101] for a unit
365365 be increased if the staff determines through written findings that
366366 the division can increase the maximum capacity and provide:
367367 (1) proper inmate classification and housing within
368368 the unit that is consistent with the classification system;
369369 (2) housing flexibility to allow necessary repairs and
370370 routine and preventive maintenance to be performed without
371371 compromising the classification system;
372372 (3) adequate space in dayrooms;
373373 (4) all meals within a reasonable time, allowing each
374374 inmate a reasonable time within which to eat;
375375 (5) operable hygiene facilities that ensure the
376376 availability of a sufficient number of fixtures to serve the inmate
377377 population;
378378 (6) adequate laundry services;
379379 (7) sufficient staff to:
380380 (A) meet operational and security needs;
381381 (B) meet health care needs, including the needs
382382 of inmates requiring psychiatric care, inmates with an intellectual
383383 disability, and inmates with a physical disability;
384384 (C) provide a safe environment for inmates and
385385 staff; and
386386 (D) provide adequate internal affairs
387387 investigation and review;
388388 (8) medical, dental, and psychiatric care adequate to
389389 ensure:
390390 (A) minimal delays in delivery of service from
391391 the time sick call requests are made until the service is performed;
392392 (B) access to regional medical facilities;
393393 (C) access to the institutional division
394394 hospital at Galveston or contract facilities performing the same
395395 services;
396396 (D) access to specialty clinics; and
397397 (E) a sufficient number of psychiatric inpatient
398398 beds and sheltered beds for inmates with an intellectual
399399 disability;
400400 (9) a fair disciplinary system that ensures due
401401 process and is adequate to ensure safety and order in the unit;
402402 (10) work, vocational, academic, and on-the-job
403403 training programs that afford all eligible inmates with an
404404 opportunity to learn job skills or work habits that can be applied
405405 on release, appropriately staffed and of sufficient quality;
406406 (11) a sufficient number and quality of
407407 nonprogrammatic and recreational activities for all eligible
408408 inmates who choose to participate;
409409 (12) adequate assistance from persons trained in the
410410 law or a law library with a collection containing necessary
411411 materials and space adequate for inmates to use the law library for
412412 study related to legal matters;
413413 (13) adequate space and staffing to permit contact and
414414 noncontact visitation of all eligible inmates;
415415 (14) adequate maintenance programs to repair and
416416 prevent breakdowns caused by increased use of facilities and
417417 fixtures; and
418418 (15) space and staff sufficient to provide all the
419419 services and facilities required by this section.
420420 SECTION 14. Subchapter F, Chapter 499, Government Code, is
421421 amended by adding Section 499.1214 to read as follows:
422422 Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. The
423423 department shall develop and provide annual training for county
424424 employees on the submission of documents required before the
425425 department takes custody of a person being transferred from a
426426 county jail to the department, including documents required under
427427 Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure.
428428 SECTION 15. Section 501.009, Government Code, is amended to
429429 read as follows:
430430 Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS[;
431431 REPORT]. (a) The department shall adopt a policy that requires
432432 department staff responsible for rehabilitation and reentry
433433 programs and services [each warden] to identify volunteer and
434434 faith-based organizations that provide programs for inmates housed
435435 in facilities operated by the department. The policy must require
436436 the staff [each warden] to actively encourage volunteer and
437437 faith-based organizations to provide the following programs for
438438 inmates in department facilities [the warden's facility]:
439439 (1) literacy and education programs;
440440 (2) life skills programs;
441441 (3) job skills programs;
442442 (4) parent-training programs;
443443 (5) drug and alcohol rehabilitation programs;
444444 (6) support group programs;
445445 (7) arts and crafts programs; and
446446 (8) other programs determined by the department to aid
447447 inmates in the transition between confinement and society and to
448448 reduce incidence of recidivism among inmates.
449449 (b) The policy must require the staff described by
450450 Subsection (a) to solicit feedback from the warden and chaplains of
451451 each facility on the facility's needs regarding volunteer and
452452 faith-based organization provided programs.
453453 (c) The department shall include in the annual report
454454 required under Section 493.0084(f) [that each warden submit a
455455 report to the board not later than December 31 of each year that
456456 includes, for the preceding fiscal year,] a summary of:
457457 (1) the programs provided to inmates under this
458458 section; and
459459 (2) the actions taken [by the warden] to identify
460460 volunteer and faith-based organizations willing to provide
461461 programs to inmates and to encourage those organizations to provide
462462 programs in the department facilities [warden's facility].
463463 SECTION 16. Section 501.017(b), Government Code, is amended
464464 to read as follows:
465465 (b) The department may not enforce a claim or lien
466466 established under this section if the inmate has a surviving spouse
467467 or a surviving dependent or child with a disability [disabled
468468 child].
469469 SECTION 17. Section 501.054(h), Government Code, is amended
470470 to read as follows:
471471 (h) The department shall report to the legislature not later
472472 than December 1 [January 15] of each even-numbered [odd-numbered]
473473 year concerning the implementation of this section and the
474474 participation of inmates and employees of the department in
475475 education programs established under this section.
476476 SECTION 18. Sections 501.057(a) and (b), Government Code,
477477 are amended to read as follows:
478478 (a) The department shall establish a system to identify
479479 [mentally ill] inmates with mental illness who are nearing
480480 eligibility for release on parole.
481481 (b) Not later than the 30th day before the initial parole
482482 eligibility date of an inmate identified as having a mental illness
483483 [mentally ill], an institutional division psychiatrist shall
484484 examine the inmate. The psychiatrist shall file a sworn
485485 application for court-ordered temporary mental health services
486486 under Chapter 574, Health and Safety Code, if the psychiatrist
487487 determines that the inmate has a mental illness [is mentally ill]
488488 and as a result of the illness the inmate meets at least one of the
489489 criteria listed in Section 574.034 or 574.0345, Health and Safety
490490 Code.
491491 SECTION 19. The heading to Section 501.069, Government
492492 Code, is amended to read as follows:
493493 Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL
494494 DISABILITIES [DEVELOPMENTALLY DISABLED OFFENDER] PROGRAM.
495495 SECTION 20. Section 501.092(i), Government Code, is amended
496496 to read as follows:
497497 (i) Not later than December [September] 1 of each
498498 even-numbered year, the department shall deliver a report of the
499499 results of evaluations conducted under Subsection (b)(7) to the
500500 lieutenant governor, the speaker of the house of representatives,
501501 and each standing committee of the senate and house of
502502 representatives having primary jurisdiction over the department.
503503 SECTION 21. Subchapter C, Chapter 501, Government Code, is
504504 amended by adding Section 501.104 to read as follows:
505505 Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY
506506 PROGRAMS. (a) In this section, "parole-voted program" has the
507507 meaning assigned by Section 508.1521.
508508 (b) The department and the Windham School District shall
509509 jointly develop a strategic plan for the provision of
510510 rehabilitation and reentry programs to inmates. The strategic plan
511511 must include program objectives and timelines intended to:
512512 (1) increase program efficiencies, including
513513 eliminating delays in placing inmates into parole-voted programs;
514514 (2) reduce program redundancies;
515515 (3) incorporate new evidence-based and
516516 evidence-informed program approaches; and
517517 (4) incorporate technology-based solutions.
518518 (b-1) The strategic plan must include clear steps and
519519 timelines to reduce, by September 1, 2027, overall parole-voted
520520 program placement timelines by at least 50 percent compared to the
521521 timelines on August 31, 2023. This subsection expires December 31,
522522 2027.
523523 (c) In developing the strategic plan, the department shall
524524 evaluate therapeutic service contracts and obligations and
525525 renegotiate the contracts and obligations as necessary to meet
526526 current and projected program needs.
527527 (d) The department and the Windham School District shall
528528 jointly update the strategic plan at least once every five years.
529529 (e) Not later than December 1 of each even-numbered year,
530530 the department and the Windham School District shall submit a joint
531531 report on the implementation of the strategic plan to the board, the
532532 Board of Pardons and Paroles, the governor, the lieutenant
533533 governor, the speaker of the house of representatives, and each
534534 standing committee of the legislature with primary jurisdiction
535535 over the department.
536536 (f) In preparing the report under Subsection (e), the
537537 department and the Windham School District shall consider the most
538538 recent report prepared under Section 501.103.
539539 SECTION 22. Section 501.138(c), Government Code, is amended
540540 to read as follows:
541541 (c) If the executive director [managed health care
542542 administrator] has knowledge that a potential ground for removal
543543 exists, the executive director [administrator] shall notify the
544544 presiding officer of the committee of the potential ground. The
545545 presiding officer shall then notify the governor and the attorney
546546 general that a potential ground for removal exists. If the
547547 potential ground for removal involves the presiding officer, the
548548 executive director [managed health care administrator] shall
549549 notify the next highest ranking officer of the committee, who shall
550550 then notify the governor and the attorney general that a potential
551551 ground for removal exists.
552552 SECTION 23. Section 501.140, Government Code, is amended by
553553 amending Subsection (b) and adding Subsection (d) to read as
554554 follows:
555555 (b) The training program must provide the person with
556556 information regarding:
557557 (1) the law governing committee [legislation that
558558 created the committee] operations;
559559 (2) the programs, functions, rules, and budget of
560560 [operated by] the committee;
561561 (3) the scope of and limitations on the rulemaking
562562 authority [role and functions] of the committee;
563563 (4) [the rules of the committee with an emphasis on the
564564 rules that relate to disciplinary and investigatory authority;
565565 [(5) the current budget for the committee;
566566 [(6)] the results of the most recent formal audit of
567567 the committee;
568568 (5) [(7)] the requirements of:
569569 (A) laws relating to [the] open meetings, public
570570 information, administrative procedure, and disclosing conflicts of
571571 interest [law, Chapter 551]; and
572572 (B) other laws applicable to members of a state
573573 policy-making body in performing their duties [the public
574574 information law, Chapter 552;
575575 [(C) the administrative procedure law, Chapter
576576 2001; and
577577 [(D) other laws relating to public officials,
578578 including conflict-of-interest laws]; and
579579 (6) [(8)] any applicable ethics policies adopted by
580580 the department [committee] or the Texas Ethics Commission.
581581 (d) The executive director shall create a training manual
582582 that includes the information required by Subsection (b). The
583583 executive director shall distribute a copy of the training manual
584584 annually to each member of the committee. Each member of the
585585 committee shall sign and submit to the executive director a
586586 statement acknowledging that the member received and has reviewed
587587 the training manual.
588588 SECTION 24. Section 508.036, Government Code, is amended by
589589 adding Subsection (a-1) to read as follows:
590590 (a-1) A report under Subsection (a)(5) must include:
591591 (1) the following information with respect to the
592592 release of inmates on medically recommended intensive supervision
593593 under Section 508.146 for the preceding 10-year period:
594594 (A) the number of inmates released on medically
595595 recommended intensive supervision;
596596 (B) an explanation of any trends;
597597 (C) release revocation rates;
598598 (D) types of modifications of conditions of
599599 release or graduated sanctions imposed; and
600600 (E) the approval rate of inmates reviewed by a
601601 parole panel described by Section 508.146(e) for release on
602602 medically recommended intensive supervision;
603603 (2) an evaluation of the consistency with which
604604 graduated sanctions are imposed for releasees or release on parole
605605 or mandatory supervision is revoked;
606606 (3) an evaluation of the consistency with which
607607 special conditions are imposed under Subchapter I; and
608608 (4) the rates of consensus between voting outcomes and
609609 hearing officer recommendations and between voting outcomes and
610610 other recommendations made by an employee authorized to make
611611 recommendations for special conditions and graduated sanctions.
612612 SECTION 25. Section 508.0362, Government Code, is amended
613613 by amending Subsections (a) and (b) and adding Subsection (d) to
614614 read as follows:
615615 (a) [(1)] A person who is appointed to and qualifies for
616616 office as a member of the board may not vote, deliberate, or be
617617 counted as a member in attendance at a meeting of the board until
618618 the person completes [at least one course of] a training program
619619 that complies with this section.
620620 [(2)] A parole commissioner employed by the board may
621621 not vote or deliberate on a matter described by Section 508.0441
622622 until the person completes [at least one course of] a training
623623 program that complies with this section.
624624 (b) The [A] training program must provide the person with
625625 information [to the person] regarding:
626626 (1) the law governing board operations [enabling
627627 legislation that created the board];
628628 (2) the programs, functions, rules, and budget of
629629 [operated by] the board;
630630 (3) the scope of and limitations on the rulemaking
631631 authority [role and functions] of the board [and parole
632632 commissioners];
633633 (4) [the rules of the board;
634634 [(5) the current budget for the board;
635635 [(6)] the results of the most recent formal audit of
636636 the board;
637637 (5) [(7)] the requirements of [the]:
638638 (A) laws relating to open meetings, public
639639 information, administrative procedure, and disclosing conflicts of
640640 interest [law, Chapter 551]; and
641641 (B) other laws applicable to members of a state
642642 policy-making body in performing their duties [open records law,
643643 Chapter 552; and
644644 [(C) administrative procedure law, Chapter 2001;
645645 [(8) the requirements of the conflict of interest laws
646646 and other laws relating to public officials]; and
647647 (6) [(9)] any applicable ethics policies adopted by
648648 the board or the Texas Ethics Commission.
649649 (d) The board administrator shall create a training manual
650650 that includes the information required by Subsection (b). The
651651 board administrator shall distribute a copy of the training manual
652652 annually to each board member and parole commissioner. Each board
653653 member and parole commissioner shall sign and submit to the board
654654 administrator a statement acknowledging that the person received
655655 and has reviewed the training manual.
656656 SECTION 26. Subchapter B, Chapter 508, Government Code, is
657657 amended by adding Sections 508.0421 and 508.0455 to read as
658658 follows:
659659 Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED
660660 INTENSIVE SUPERVISION. (a) The board shall develop and provide a
661661 comprehensive training program on the release of inmates on
662662 medically recommended intensive supervision under Section 508.146
663663 for board members and parole commissioners serving on a parole
664664 panel under that section. The program must include:
665665 (1) background information on medically recommended
666666 intensive supervision; and
667667 (2) training and education regarding:
668668 (A) statutory requirements and board rules for
669669 the consideration and release of inmates on medically recommended
670670 intensive supervision;
671671 (B) the supervision of persons released on
672672 medically recommended intensive supervision, including information
673673 on:
674674 (i) the imposition of graduated sanctions
675675 on a releasee for a violation of a condition of release; and
676676 (ii) the imposition and modification of
677677 special conditions on a releasee; and
678678 (C) the medical conditions affecting inmates who
679679 are eligible for medically recommended intensive supervision,
680680 including treatments for those conditions.
681681 (b) In developing the training program, the board shall:
682682 (1) use available data on medically recommended
683683 intensive supervision; and
684684 (2) consult with the division and a practicing
685685 physician and psychiatrist as needed.
686686 (c) The board shall develop a condensed version of the
687687 training program that includes only the training and education
688688 described by Subsection (a)(2).
689689 (d) A member of a parole panel described by Section
690690 508.146(e) may not participate in a vote of the panel related to the
691691 release of an inmate on medically recommended intensive supervision
692692 until the member completes the training program described by
693693 Subsection (a). Each member must complete the version of the
694694 training program described by Subsection (c) biennially after
695695 completing the initial training to remain eligible to participate
696696 in a vote of the panel related to the release of an inmate on
697697 medically recommended intensive supervision. The board shall
698698 inform each member of any subsequent changes to the training
699699 developed under Subsection (a) that are made after the member
700700 completes the training required by this subsection.
701701 Sec. 508.0455. PAROLE PANEL DATA. (a) The board shall
702702 coordinate with the department to collect and analyze data on the
703703 release of inmates on parole, mandatory supervision, or medically
704704 recommended intensive supervision and the use of special conditions
705705 and graduated sanctions to evaluate outcomes and trends.
706706 (b) Using the data collected under Subsection (a), the board
707707 shall determine a method for evaluating the consistency of
708708 revocation decisions across all three-voter parole panels.
709709 (c) The board shall use its findings from the data collected
710710 under this section and the information described by Sections
711711 508.036(a-1) and 508.1445(b) in developing the training required
712712 under Sections 508.041 and 508.042.
713713 SECTION 27. Section 508.054(c), Government Code, is amended
714714 to read as follows:
715715 (c) The board shall periodically notify the complaint
716716 parties of the status of the complaint until final disposition
717717 unless the notice would jeopardize an ongoing investigation.
718718 SECTION 28. Section 508.1131, Government Code, is amended
719719 by amending Subsection (a) and adding Subsection (a-1) to read as
720720 follows:
721721 (a) The Texas Board of Criminal Justice by rule [executive
722722 director] shall adopt a salary career ladder for parole officers.
723723 In adopting the salary career ladder, the Texas Board of Criminal
724724 Justice shall, in consultation with relevant stakeholders, review
725725 the current salary structure and align the salary career ladder
726726 with the future needs of the department.
727727 (a-1) The Texas Board of Criminal Justice may revise the
728728 [The] salary career ladder as needed [must base a parole officer's
729729 salary on the officer's classification and years of service with
730730 the department].
731731 SECTION 29. Section 508.1142, Government Code, is amended
732732 to read as follows:
733733 Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The
734734 Texas Board of Criminal Justice by rule [department] shall
735735 establish [adopt a policy that establishes] guidelines for a
736736 maximum caseload for a [each] parole officer [of:
737737 [(1) 60 active releasees, if the releasees are not in a
738738 specialized program described by Subdivisions (2)-(6);
739739 [(2) 35 active releasees, if the releasees are in the
740740 special needs offender program;
741741 [(3) 35 active releasees, if the releasees are in the
742742 therapeutic community substance abuse aftercare treatment program;
743743 [(4) 24 active releasees, if the releasees are in the
744744 sex offender program;
745745 [(5) 20 active releasees, if the releasees are
746746 electronically monitored; and
747747 [(6) 11 active releasees, if the releasees are in the
748748 super-intensive supervision program].
749749 (b) The Texas Board of Criminal Justice:
750750 (1) shall periodically review the guidelines
751751 established under Subsection (a) to ensure that the guidelines are
752752 achievable and informed by research-supported supervision
753753 practices; and
754754 (2) may revise the guidelines as needed.
755755 (c) The department shall conduct a job task analysis and
756756 workload study with respect to parole officers before the Texas
757757 Board of Criminal Justice adopts or amends the guidelines under
758758 this section [If the department is unable to meet the maximum
759759 caseload guidelines, the department shall submit a report to the
760760 Legislative Budget Board, at the end of each fiscal year in which
761761 the department fails to meet the guidelines, stating the amount of
762762 money needed by the department to meet the guidelines].
763763 SECTION 30. Subchapter D, Chapter 508, Government Code, is
764764 amended by adding Sections 508.1143 and 508.120 to read as follows:
765765 Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND
766766 MAXIMUM CASELOADS. (a) Not later than September 1, 2026, the
767767 department, in consultation with relevant stakeholders, shall:
768768 (1) review current parole supervision practices and
769769 caseload approaches; and
770770 (2) submit a report on proposed parole supervision
771771 practices and caseload approaches, including proposed maximum
772772 caseloads for parole officers, to the Texas Board of Criminal
773773 Justice, the board, the governor, the lieutenant governor, the
774774 speaker of the house of representatives, and each standing
775775 committee of the legislature with primary jurisdiction over the
776776 department.
777777 (b) The report must include:
778778 (1) an evaluation of the current caseload identified
779779 as not being actively worked on by a parole officer, considering the
780780 assessed parole officer staffing needs; and
781781 (2) the results of any department pilot project
782782 assessing changes to parole officer supervision practices and
783783 caseload approaches.
784784 (c) A pilot project assessing supervision practices and
785785 caseload approach changes described by Subsection (b)(2) may not be
786786 implemented statewide before submission of the report required by
787787 Subsection (a)(2).
788788 (d) This section expires September 1, 2027.
789789 Sec. 508.120. PROHIBITION ON CERTAIN DIVISION ACTIONS
790790 INVOLVING SPECIAL CONDITIONS. The division may not:
791791 (1) make recommendations regarding the imposition of a
792792 special condition before an inmate is released on parole or to
793793 mandatory supervision; or
794794 (2) review the voting decisions of a parole panel with
795795 respect to the imposition of a special condition.
796796 SECTION 31. Section 508.1445(b), Government Code, is
797797 amended to read as follows:
798798 (b) The report must include:
799799 (1) a brief explanation of the parole guidelines,
800800 including how the board:
801801 (A) defines the risk factors and offense severity
802802 levels; and
803803 (B) determines the range of recommended parole
804804 approval rates for each guideline score;
805805 (2) a comparison of the range of recommended parole
806806 approval rates under the parole guidelines to the actual approval
807807 rates for individual parole panel members, each regional
808808 three-voter parole panel [offices], and the state as a whole; [and]
809809 (3) a description of instances in which the actual
810810 parole approval rates, including rates for each regional
811811 three-voter parole panel, do not meet the range of recommended
812812 parole approval rates under the parole guidelines, an explanation
813813 of the variations, and a list of actions that the board has taken or
814814 will take to meet the guidelines; and
815815 (4) information regarding the rates at which each
816816 regional three-voter parole panel imposes each special condition
817817 when approving release on parole and an explanation for any
818818 significant variations among the panels.
819819 SECTION 32. Section 508.146, Government Code, is amended by
820820 adding Subsections (g), (h), (i), and (j) to read as follows:
821821 (g) The board shall adopt rules to administer this section.
822822 The rules must:
823823 (1) specify the procedures for evaluating the
824824 prognosis of inmates who are eligible for medically recommended
825825 intensive supervision under Subsection (a) because of a qualifying
826826 medical condition;
827827 (2) specify the factors, other than an inmate's
828828 condition, that are relevant or statutorily required to release an
829829 inmate on medically recommended intensive supervision; and
830830 (3) define what constitutes a threat to public safety
831831 for purposes of Subsections (a)(2) and (f) and specify the factors
832832 that a parole panel described by Subsection (e) must consider when
833833 determining whether an inmate constitutes a threat to public
834834 safety.
835835 (h) The procedures described by Subsection (g)(1) must:
836836 (1) require a review of the inmate's condition by at
837837 least one health care practitioner; and
838838 (2) require each health care practitioner who reviews
839839 an inmate's condition as described by Subdivision (1) to provide
840840 the parole panel described by Subsection (e), before the panel
841841 makes a final determination under this section, a written report on
842842 the inmate's condition that:
843843 (A) is in plain language that is understandable
844844 by a nonmedical professional;
845845 (B) specifically describes how the inmate's
846846 condition and treatment for the condition will affect the inmate's
847847 cognitive and physical abilities and limitations; and
848848 (C) contains other information as required by the
849849 board.
850850 (i) The board may consult with other relevant entities for
851851 purposes of establishing information required in the report under
852852 Subsection (h)(2)(C) including:
853853 (1) the Correctional Managed Health Care Committee;
854854 (2) the division;
855855 (3) the Texas Correctional Office on Offenders with
856856 Medical or Mental Impairments;
857857 (4) the Texas Tech University Health Sciences Center;
858858 and
859859 (5) The University of Texas Medical Branch at
860860 Galveston.
861861 (j) Information regarding the identity of a health care
862862 practitioner providing a report described by Subsection (h)(2),
863863 other than information relating to the practitioner's
864864 specialization, is excepted from required disclosure under Chapter
865865 552. The board may release the information or redact or otherwise
866866 withhold the information from disclosure under Chapter 552.
867867 SECTION 33. Section 508.152, Government Code, is amended by
868868 adding Subsection (b-3) to read as follows:
869869 (b-3) For purposes of Subsection (b-1)(1), an inmate's
870870 individual treatment plan must include a comprehensive list, in
871871 plain language, of the inmate's program participation that:
872872 (1) includes:
873873 (A) state-funded programs;
874874 (B) intensive volunteer programs; and
875875 (C) program enrollment and completion dates; and
876876 (2) distinguishes between required evidence-based
877877 programs and correctional elective programs that are non-evidence
878878 based or non-evidence informed.
879879 SECTION 34. Subchapter E, Chapter 508, Government Code, is
880880 amended by adding Sections 508.1521 and 508.158 to read as follows:
881881 Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS
882882 AND PAROLE-VOTED PROGRAMS. (a) In this section:
883883 (1) "Parole-voted program" means a program or class
884884 that the board intends to require an inmate to complete before
885885 releasing the inmate on parole or to mandatory supervision.
886886 (2) "Required individual treatment plan program"
887887 means a program or class that is required in an inmate's individual
888888 treatment plan under Section 508.152 other than a parole-voted
889889 program.
890890 (b) The department, the board, and the Windham School
891891 District shall:
892892 (1) develop evidence-based program criteria specific
893893 to required individual treatment plan programs and parole-voted
894894 programs to be used in evaluating and assessing those programs;
895895 (2) develop and maintain a required individual
896896 treatment plan programs list and a parole-voted programs list,
897897 provided that a non-evidence-based or non-evidence-informed
898898 program may not be included on either list;
899899 (3) develop procedures for:
900900 (A) evaluating programs to be added to the
901901 required individual treatment plan programs list or the
902902 parole-voted programs list;
903903 (B) assessing current required individual
904904 treatment plan programs and parole-voted programs; and
905905 (C) removing programs that do not meet the
906906 criteria developed under Subdivision (1) from the lists of required
907907 individual treatment plan programs and parole-voted programs; and
908908 (4) coordinate on required individual treatment plan
909909 and parole-voted programming options through regular meetings.
910910 (c) In developing and maintaining the required individual
911911 treatment plan programs list, the department and the Windham School
912912 District have joint authority to decide which programs are included
913913 on the required individual treatment plan list.
914914 (d) In developing and maintaining the parole-voted programs
915915 list, the department and the Windham School District shall present
916916 programming options and program evaluation results to the board,
917917 provided that the board has the sole authority to decide which
918918 programs are included on the parole-voted programs list.
919919 (e) The department shall:
920920 (1) collect and analyze parole-voted program data on a
921921 rolling basis, including:
922922 (A) the number of inmates waiting for placement
923923 into a program;
924924 (B) the waitlist times for placement into a
925925 program;
926926 (C) the reasons for program placement delays,
927927 other than delays due to a program start date specified by the
928928 board;
929929 (D) vote revision requests related to program
930930 ineligibility, placement delays, and other factors that may affect
931931 parole release timelines; and
932932 (E) the number of inmates unable to complete
933933 parole-voted programs before the earliest date on which the inmates
934934 would have been eligible to be released following program
935935 completion;
936936 (2) use the data described by Subdivision (1) to:
937937 (A) calculate parole-voted program waitlist
938938 times;
939939 (B) track and reduce parole-voted program
940940 enrollment timelines; and
941941 (C) work to eliminate parole-voted program
942942 placement delays; and
943943 (3) include the data and analysis described by
944944 Subdivision (1) in the strategic plan required under Section
945945 501.104.
946946 (f) The department shall prioritize the placement of
947947 inmates into parole-voted programs, ensure parole-voted program
948948 capacity meets programming needs, and expand parole-voted program
949949 access in accordance with the strategic plan required under Section
950950 501.104.
951951 Sec. 508.158. SPECIAL CONDITIONS WORK GROUP. (a) The board
952952 and department shall jointly establish a work group consisting of
953953 board members and parole commissioners who actively serve on a
954954 parole panel and staff representatives from the division to assess
955955 the impact and effectiveness of special conditions.
956956 (b) The work group shall:
957957 (1) discuss the efficacy of special conditions;
958958 (2) assess the continuing need for the use of specific
959959 special conditions; and
960960 (3) identify potential modifications to special
961961 conditions for the board to consider adopting.
962962 (c) In discussing the efficacy of special conditions under
963963 Subsection (b), the work group shall solicit input from parole
964964 officers and other relevant parties.
965965 (d) The work group shall meet annually.
966966 SECTION 35. Section 614.009, Health and Safety Code, is
967967 amended to read as follows:
968968 Sec. 614.009. BIENNIAL REPORT. Not later than December
969969 [February] 1 of each even-numbered [odd-numbered] year, the office
970970 shall present to the board and file with the governor, lieutenant
971971 governor, and speaker of the house of representatives a report
972972 giving the details of the office's activities during the preceding
973973 biennium. The report must include:
974974 (1) an evaluation of any demonstration project
975975 undertaken by the office;
976976 (2) an evaluation of the progress made by the office
977977 toward developing a plan for meeting the treatment, rehabilitative,
978978 and educational needs of offenders with special needs;
979979 (3) information on the provision of services under
980980 Section 614.021 to wrongfully imprisoned persons;
981981 (4) recommendations of the office made in accordance
982982 with Section 614.007(5);
983983 (5) [(4)] an evaluation of the development and
984984 implementation of the continuity of care and service programs
985985 established under Sections 614.013, 614.014, 614.015, 614.016, and
986986 614.018, changes in rules, policies, or procedures relating to the
987987 programs, future plans for the programs, and any recommendations
988988 for legislation; and
989989 (6) [(5)] any other recommendations that the office
990990 considers appropriate.
991991 SECTION 36. The following provisions are repealed:
992992 (1) Section 494.011, Government Code;
993993 (2) Section 497.111, Government Code;
994994 (3) Section 501.062(c), Government Code;
995995 (4) Section 507.003, Government Code;
996996 (5) Section 507.004, Government Code;
997997 (6) Sections 508.1131(b) and (c), Government Code; and
998998 (7) Section 614.021(c), Health and Safety Code.
999999 SECTION 37. The change in law made by this Act to Section
10001000 492.002, Government Code, does not affect the entitlement of a
10011001 member serving on the Texas Board of Criminal Justice before the
10021002 effective date of this Act to continue to serve for the remainder of
10031003 the member's term. As the terms of members expire, the governor
10041004 shall appoint or reappoint members who have the qualifications
10051005 required by Section 492.002(a), Government Code, as amended by this
10061006 Act.
10071007 SECTION 38. (a) Sections 492.0031, 501.140, and 508.0362,
10081008 Government Code, as amended by this Act, apply to a member of the
10091009 Texas Board of Criminal Justice, the Correctional Managed Health
10101010 Care Committee, or the Board of Pardons and Paroles, as applicable,
10111011 appointed before, on, or after the effective date of this Act.
10121012 (b) A member of the Texas Board of Criminal Justice, the
10131013 Correctional Managed Health Care Committee, or the Board of Pardons
10141014 and Paroles who, before the effective date of this Act, completed
10151015 the training program required by Section 492.0031, 501.140, or
10161016 508.0362, Government Code, as that law existed before the effective
10171017 date of this Act, is only required to complete additional training
10181018 on the subjects added by this Act to the training program required
10191019 by Section 492.0031, 501.140, or 508.0362, Government Code, as
10201020 applicable. A member described by this subsection may not vote,
10211021 deliberate, or be counted as a member in attendance at a meeting of
10221022 the applicable board or committee held on or after December 1, 2025,
10231023 until the member completes the additional training.
10241024 SECTION 39. (a) Section 508.0362, Government Code, as
10251025 amended by this Act, applies to a parole commissioner employed by
10261026 the Board of Pardons and Paroles before, on, or after the effective
10271027 date of this Act.
10281028 (b) A parole commissioner who, before the effective date of
10291029 this Act, completed the training program required by Section
10301030 508.0362, Government Code, as that law existed before the effective
10311031 date of this Act, is only required to complete additional training
10321032 on the subjects added by this Act to the training program required
10331033 by that section. A parole commissioner described by this
10341034 subsection may not vote or deliberate on a matter described by
10351035 Section 508.0441, Government Code, occurring on or after December
10361036 1, 2025, until the member completes the additional training.
10371037 SECTION 40. As soon as practicable after the effective date
10381038 of this Act:
10391039 (1) the Texas Board of Criminal Justice shall adopt
10401040 the rules required by Sections 499.101(a), 508.1131, and 508.1142,
10411041 Government Code, as amended by this Act; and
10421042 (2) the Board of Pardons and Paroles shall adopt the
10431043 rules required by Section 508.146(g), Government Code, as added by
10441044 this Act.
10451045 SECTION 41. (a) Not later than December 1, 2025, the Board
10461046 of Pardons and Paroles shall make the training required by Section
10471047 508.0421, Government Code, as added by this Act, available to board
10481048 members and parole commissioners described by Subsection (a) of
10491049 that section.
10501050 (b) Notwithstanding Section 508.0421(d), Government Code,
10511051 as added by this Act, a board member or parole commissioner to whom
10521052 that section applies is not required to complete the training
10531053 required by that section until December 1, 2025.
10541054 SECTION 42. Not later than September 1, 2026:
10551055 (1) the Texas Department of Criminal Justice and the
10561056 Windham School District shall develop the strategic plan required
10571057 by Section 501.104, Government Code, as added by this Act; and
10581058 (2) the Texas Department of Criminal Justice shall
10591059 revise each inmate's individual treatment plan as necessary to
10601060 conform to the requirements of Section 508.152(b-3), Government
10611061 Code, as added by this Act.
10621062 SECTION 43. The Board of Pardons and Paroles is not required
10631063 to comply with the changes in law made by this Act to Sections
10641064 508.036 and 508.1445, Government Code, until September 1, 2026.
10651065 SECTION 44. This Act takes effect September 1, 2025.