BILL ANALYSIS Senate Research Center S.B. 1437 89R4609 CJD-D By: Bettencourt Criminal Justice 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The current process of the Texas Juvenile Justice Department's do-not-hire registry only includes certified officers. This poses a problem as this does not allow the agency to place an individual on the do-not-hire registry if they are a probation officer and engage in misconduct with a juvenile. In the current system, predators are able to move to a new job without employers being aware of their previous misconduct. S.B. 1437 would close loopholes in the juvenile justice do-not-hire registry process. Through this bill, all of the entities that serve children and vulnerable adults in Texas who to have access to the interagency search engine will be able to be aware of these findings of misconduct. As proposed, S.B. 1437 amends current law relating to the eligibility of certain individuals for certification as certain juvenile officers or employees of a juvenile facility. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 222.054, Human Resources Code, by adding Subsection (a-1) and amending Subsections (b), (c), and (d), as follows: (a-1) Provides that Section 222.054 (Certification or Provisional Certification Ineligibility) applies to an individual, regardless of whether the individual holds a certification under Chapter 222 (Standards For and Regulation of Certain Officers and Employees), who is or was employed by, under contract with, or volunteering for the Texas Juvenile Justice Department (TJJD), a juvenile probation department, or a juvenile facility registered with TJJD. (b) Authorizes TJJD, subject to Subsection (d), to designate as permanently ineligible for certification under this chapter an individual to whom this section applies if: (1) while employed by, under contract with, or volunteering for an entity described by Subsection (a-1), the individual engaged, rather than an individual who has been terminated from employment with TJJD for engaging, in conduct that: (A) violates this chapter or a TJJD rule; or (B) creates this paragraph from existing text and makes nonsubstantive changes; or (2) a panel under Subsection (c) determines the individual's certification would threaten juveniles in the juvenile justice system. Makes nonsubstantive changes to this subsection. (c) Authorizes the executive director of TJJD to convene, in person or telephonically, a panel of three Texas Juvenile Justice Board members to determine if the continued eligibility of an individual to whom this section applies, rather than if a former TJJD employee's continued eligibility, to obtain a certification under this chapter threatens juveniles in the juvenile justice system. (d) Entitles a person to a hearing before the State Office of Administrative Hearings if TJJD proposes to designate a person as permanently ineligible for certification as provided by Subsection (b). SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1437
89R4609 CJD-D By: Bettencourt
Criminal Justice
3/28/2025
As Filed
Senate Research Center
S.B. 1437
89R4609 CJD-D
By: Bettencourt
Criminal Justice
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The current process of the Texas Juvenile Justice Department's do-not-hire registry only includes certified officers. This poses a problem as this does not allow the agency to place an individual on the do-not-hire registry if they are a probation officer and engage in misconduct with a juvenile. In the current system, predators are able to move to a new job without employers being aware of their previous misconduct.
S.B. 1437 would close loopholes in the juvenile justice do-not-hire registry process. Through this bill, all of the entities that serve children and vulnerable adults in Texas who to have access to the interagency search engine will be able to be aware of these findings of misconduct.
As proposed, S.B. 1437 amends current law relating to the eligibility of certain individuals for certification as certain juvenile officers or employees of a juvenile facility.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 222.054, Human Resources Code, by adding Subsection (a-1) and amending Subsections (b), (c), and (d), as follows:
(a-1) Provides that Section 222.054 (Certification or Provisional Certification Ineligibility) applies to an individual, regardless of whether the individual holds a certification under Chapter 222 (Standards For and Regulation of Certain Officers and Employees), who is or was employed by, under contract with, or volunteering for the Texas Juvenile Justice Department (TJJD), a juvenile probation department, or a juvenile facility registered with TJJD.
(b) Authorizes TJJD, subject to Subsection (d), to designate as permanently ineligible for certification under this chapter an individual to whom this section applies if:
(1) while employed by, under contract with, or volunteering for an entity described by Subsection (a-1), the individual engaged, rather than an individual who has been terminated from employment with TJJD for engaging, in conduct that:
(A) violates this chapter or a TJJD rule; or
(B) creates this paragraph from existing text and makes nonsubstantive changes; or
(2) a panel under Subsection (c) determines the individual's certification would threaten juveniles in the juvenile justice system.
Makes nonsubstantive changes to this subsection.
(c) Authorizes the executive director of TJJD to convene, in person or telephonically, a panel of three Texas Juvenile Justice Board members to determine if the continued eligibility of an individual to whom this section applies, rather than if a former TJJD employee's continued eligibility, to obtain a certification under this chapter threatens juveniles in the juvenile justice system.
(d) Entitles a person to a hearing before the State Office of Administrative Hearings if TJJD proposes to designate a person as permanently ineligible for certification as provided by Subsection (b).
SECTION 2. Effective date: September 1, 2025.