Texas 2025 - 89th Regular

Texas House Bill HB5565 Compare Versions

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1	1	89R15915 MCF-D
2	2	By: Canales H.B. No. 5565
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the office of independent oversight
10	10	ombudsman for the Texas Department of Criminal Justice.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle G, Title 4, Government Code, is amended
13	13	by adding Chapter 512 to read as follows:
14	14	CHAPTER 512. OFFICE OF INDEPENDENT OVERSIGHT OMBUDSMAN FOR TEXAS
15	15	DEPARTMENT OF CRIMINAL JUSTICE
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 512.001. DEFINITIONS. In this chapter:
18	18	(1) "Facility" means a facility operated by or under
19	19	contract with the department that is used primarily for the
20	20	confinement of offenders.
21	21	(2) "Offender" means an inmate or state jail defendant
22	22	confined in a facility.
23	23	(3) "Office" means the office of independent oversight
24	24	ombudsman.
25	25	(4) "Ombudsman" means the individual appointed under
26	26	this chapter as ombudsman for the office.
27	27	Sec. 512.002. ESTABLISHMENT; PURPOSE. The office is a
28	28	state agency established for the purpose of monitoring the
29	29	conditions of confinement and treatment of offenders,
30	30	investigating, evaluating, and securing the rights of offenders,
31	31	and assisting the department in improving its operations. The
32	32	office is also responsible for conducting in-depth reviews and
33	33	analyses of data, determining long-term needs, identifying
34	34	critical issues facing the department and corresponding solutions
35	35	to those issues, investigating significant group disturbances and
36	36	critical incidents, and assessing the efficacy of existing
37	37	programs.
38	38	Sec. 512.003. INDEPENDENCE. (a) The ombudsman acts
39	39	independently of the department and the board in the performance of
40	40	the ombudsman's powers and duties under this chapter.
41	41	(b) Funding for the office is appropriated separately from
42	42	funding for the department.
43	43	SUBCHAPTER B. ADMINISTRATION OF OFFICE
44	44	Sec. 512.051. APPOINTMENT OF OMBUDSMAN. (a) The governor
45	45	shall appoint, with the advice and consent of the senate, a person
46	46	to serve as ombudsman from a list of persons recommended by the
47	47	chair of each standing committee of the legislature having primary
48	48	jurisdiction over the department.
49	49	(b) The ombudsman serves a four-year term and may be removed
50	50	by the governor only for good cause.
51	51	(c) A person may not serve as ombudsman for more than two
52	52	terms.
53	53	Sec. 512.052. ASSISTANTS. The ombudsman may appoint
54	54	assistants to perform, under the direction of the ombudsman, the
55	55	same duties and to exercise the same powers as the ombudsman.
56	56	Sec. 512.053. CONFLICT OF INTEREST. (a) In this section,
57	57	"Texas trade association" means a cooperative and voluntarily
58	58	joined association of business or professional competitors in this
59	59	state designed to assist its members and its industry or profession
60	60	in dealing with mutual business or professional problems and in
61	61	promoting their common interest.
62	62	(b) A person may not serve as ombudsman or as an assistant
63	63	ombudsman if the person or the person's spouse:
64	64	(1) is employed by or participates in the management
65	65	of a business entity or other organization receiving funds from the
66	66	department or the office or was employed by or participated in the
67	67	management of such an entity or organization in the five years
68	68	preceding the date of the person's appointment;
69	69	(2) owns or controls, directly or indirectly, any
70	70	interest in a business entity or other organization receiving funds
71	71	from the department or the office;
72	72	(3) uses or receives any amount of tangible goods,
73	73	services, or funds from the department or the office;
74	74	(4) is an officer, employee, manager, or paid
75	75	consultant of the department or was an officer, employee, manager,
76	76	or paid consultant of the department in the five years preceding the
77	77	date of the person's appointment;
78	78	(5) is required to register as a lobbyist under
79	79	Chapter 305 because of the person's activities for compensation on
80	80	behalf of a profession related to the operation of the department or
81	81	the office; or
82	82	(6) is an officer, employee, manager, or paid
83	83	consultant of a Texas trade association in the field of criminal or
84	84	juvenile justice.
85	85	Sec. 512.054. REPORT. (a) The ombudsman shall prepare and
86	86	submit to the governor, the lieutenant governor, the state auditor,
87	87	and each member of the legislature:
88	88	(1) periodic reports that evaluate systemic issues
89	89	affecting the department and any current issues at individual
90	90	facilities; and
91	91	(2) an annual report that is both aggregated and
92	92	disaggregated by individual facility and describes:
93	93	(A) the work of the ombudsman and office;
94	94	(B) the results of any review or investigation
95	95	undertaken by the ombudsman, including any review or investigation
96	96	of services contracted by the department; and
97	97	(C) any recommendations that the ombudsman has
98	98	regarding:
99	99	(i) the duties of the ombudsman; or
100	100	(ii) the operations of the department.
101	101	(b) The ombudsman shall publish on the office's Internet
102	102	website each report submitted under this section.
103	103	Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
104	104	department shall establish procedures allowing any offender or
105	105	facility administrator or employee to communicate with the
106	106	ombudsman or an assistant ombudsman regarding a power or duty of the
107	107	ombudsman or office. The communication:
108	108	(1) may be in person, by mail, or by any other means;
109	109	and
110	110	(2) is confidential and privileged.
111	111	(b) The records of the ombudsman are confidential, except
112	112	that the ombudsman shall:
113	113	(1) share with the office of the inspector general of
114	114	the department a communication with an offender that may involve
115	115	abuse or neglect; and
116	116	(2) disclose the ombudsman's nonprivileged records if
117	117	required by a court order on a showing of good cause.
118	118	(c) The ombudsman may make public any report relating to an
119	119	investigation after the investigation is complete, except that the
120	120	names of all offenders, family members, and employees remain
121	121	confidential and must be redacted before the report is made public.
122	122	(d) The name, address, and other personally identifiable
123	123	information of a person who files a complaint with the office,
124	124	information generated by the office in the course of an
125	125	investigation, and confidential records obtained by the office are
126	126	confidential and not subject to disclosure under Chapter 552,
127	127	except that the information and records, other than confidential
128	128	information and records concerning a pending law enforcement
129	129	investigation or criminal action, may be disclosed to an
130	130	appropriate person if the office determines that disclosure is:
131	131	(1) in the public interest;
132	132	(2) necessary to enable the office or ombudsman to
133	133	perform a duty under this chapter; or
134	134	(3) necessary to identify, prevent, or treat physical
135	135	or sexual assault or neglect of an offender.
136	136	Sec. 512.056. PROMOTION OF AWARENESS. The ombudsman shall
137	137	promote awareness among the department, the public, and offenders
138	138	regarding:
139	139	(1) how the office may be contacted;
140	140	(2) the purpose of the office; and
141	141	(3) the services the office provides.
142	142	Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
143	143	shall establish policies and procedures for the operations of the
144	144	office.
145	145	SUBCHAPTER C. POWERS AND DUTIES
146	146	Sec. 512.101. POWERS AND DUTIES. (a) The ombudsman shall:
147	147	(1) routinely review grievances and grievance logs to
148	148	address any pattern of actions of the department affecting the
149	149	treatment of offenders;
150	150	(2) conduct investigations of complaints submitted by
151	151	offenders, family members, and employees and review criminal
152	152	investigations conducted by the office of the inspector general of
153	153	the department if the ombudsman determines that a pattern of
154	154	complaints exists suggesting that an issue affects more than one
155	155	offender;
156	156	(3) review or inspect periodically the facilities and
157	157	procedures of any institution or residence in which an offender has
158	158	been placed by the department, whether public or private, to ensure
159	159	that the rights of offenders are fully observed;
160	160	(4) provide assistance to an offender or family member
161	161	who the ombudsman determines is in need of assistance, including
162	162	advocating with an agency, provider, or other person in the best
163	163	interests of the offender;
164	164	(5) review court orders as necessary to fulfill the
165	165	ombudsman's duties;
166	166	(6) recommend changes in any procedure relating to the
167	167	treatment of offenders;
168	168	(7) make appropriate referrals under any of the powers
169	169	and duties listed in this subsection; and
170	170	(8) supervise an assistant ombudsman in the
171	171	performance of the assistant ombudsman's duties.
172	172	(b) The ombudsman may inform persons who are interested in
173	173	an offender's welfare of the rights of the offender.
174	174	(c) To determine if an offender's rights have been violated,
175	175	the ombudsman may, in any matter that does not involve alleged
176	176	criminal behavior, contact or consult with an administrator, an
177	177	employee, a family member, an expert, another offender, or any
178	178	other individual in the course of the ombudsman's investigation or
179	179	to secure information.
180	180	(d) Notwithstanding any other provision of this chapter,
181	181	the ombudsman may not investigate alleged criminal behavior, except
182	182	that the ombudsman may review, in accordance with Subsection
183	183	(a)(2), a criminal investigation conducted by the office of the
184	184	inspector general of the department to ensure that the
185	185	investigation was conducted in an accurate, unbiased, and thorough
186	186	manner.
187	187	(e) An inmate's complaint to the office and any
188	188	investigation conducted by the ombudsman under this chapter are
189	189	independent of the inmate grievance system developed under Section
190	190	501.008 and do not affect the procedures, rights, or duties
191	191	established under that system or constitute a grievance under that
192	192	system.
193	193	Sec. 512.102. RETALIATION PROHIBITED. The department may
194	194	not:
195	195	(1) discharge, discipline, or in any manner
196	196	discriminate or retaliate against an employee who makes a good
197	197	faith complaint to the office or cooperates with an investigation
198	198	under this chapter; or
199	199	(2) discipline or in any manner discriminate or
200	200	retaliate against an offender who complains to or communicates or
201	201	cooperates with the office in the course of the office carrying out
202	202	its duties.
203	203	Sec. 512.103. TRAINING. The ombudsman may attend training
204	204	sessions for correctional officers or participate in other
205	205	appropriate professional training.
206	206	SUBCHAPTER D. ACCESS TO INFORMATION, FACILITIES, AND PERSONNEL
207	207	Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
208	208	ENTITIES. The department shall allow the ombudsman access to the
209	209	department's records relating to an offender or investigation. In
210	210	allowing access to records under this section, the department shall
211	211	fully cooperate and collaborate with the office in a prompt manner
212	212	in order for the office to carry out its duties and improve facility
213	213	operations and conditions.
214	214	Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
215	215	The ombudsman may subpoena the records of a private entity that
216	216	relate to a complaint the ombudsman is investigating.
217	217	Sec. 512.153. ACCESS TO FACILITIES, RECORDS, AND PERSONNEL.
218	218	(a) The office may inspect or review without notice any part of a
219	219	facility or any facility operation, policy, procedure, record, or
220	220	log relating to:
221	221	(1) a condition of confinement;
222	222	(2) offender discipline and the use of force against
223	223	an offender;
224	224	(3) an incident of assault or sexual assault;
225	225	(4) death of or serious bodily injury to an offender;
226	226	(5) the provision of health care, including mental
227	227	health care;
228	228	(6) the offender grievance process;
229	229	(7) a telephone, mail, or visitation policy;
230	230	(8) a rehabilitation, reentry, or reintegration
231	231	program;
232	232	(9) employee recruitment, training, supervision, or
233	233	discipline; and
234	234	(10) staffing levels and staffing deployment.
235	235	(b) The ombudsman shall coordinate with the office of the
236	236	inspector general of the department to develop policies and
237	237	procedures that ensure an inspection or review under Subsection (a)
238	238	does not interfere with a criminal investigation being conducted by
239	239	the office of the inspector general.
240	240	(c) In conducting an investigation, the office may:
241	241	(1) interview offenders and facility administrators
242	242	or employees;
243	243	(2) hold public hearings; and
244	244	(3) issue a subpoena to compel the attendance of a
245	245	relevant witness or the production of relevant records or
246	246	documents.
247	247	SUBCHAPTER E. ADVISORY BOARD
248	248	Sec. 512.201. CREATION AND COMPOSITION OF ADVISORY BOARD.
249	249	(a) An advisory board is created to advise the office in carrying
250	250	out the office's duties under this chapter.
251	251	(b) The advisory board is composed of the following nine
252	252	members appointed by the governor:
253	253	(1) one family member of an offender or former
254	254	offender;
255	255	(2) one health care professional;
256	256	(3) one social worker;
257	257	(4) one person with expertise in administrative or
258	258	criminal investigations;
259	259	(5) one person with expertise in sexual assault victim
260	260	advocacy;
261	261	(6) one person with expertise in occupational safety
262	262	and health;
263	263	(7) one person with expertise in research and data
264	264	analysis;
265	265	(8) one former offender; and
266	266	(9) one former correctional officer.
267	267	(c) The lieutenant governor and the speaker of the house of
268	268	representatives may provide the governor with recommendations on
269	269	any appointment made under Subsection (b).
270	270	(d) Members of the advisory board serve staggered four-year
271	271	terms.
272	272	(e) A person may not serve as a member of the advisory board
273	273	for more than two terms.
274	274	(f) Chapter 2110 does not apply to the composition or
275	275	duration of the advisory board.
276	276	SECTION 2. (a) As soon as practicable after the effective
277	277	date of this Act, the governor shall appoint an initial ombudsman
278	278	under Chapter 512, Government Code, as added by this Act, to a term
279	279	expiring February 1, 2029.
280	280	(b) Not later than December 1, 2025, the governor shall
281	281	appoint the members of the advisory board under Section 512.201,
282	282	Government Code, as added by this Act.
283	283	SECTION 3. This Act takes effect September 1, 2025.