| 4 | 7 | | |
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| 5 | 8 | | |
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| 6 | 9 | | A BILL TO BE ENTITLED |
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| 7 | 10 | | AN ACT |
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| 8 | 11 | | relating to the eligibility of certain individuals for |
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| 9 | 12 | | certification as certain juvenile officers or employees of a |
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| 10 | 13 | | juvenile facility. |
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| 11 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 15 | | SECTION 1. Section 222.054, Human Resources Code, is |
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| 13 | 16 | | amended by adding Subsection (a-1) and amending Subsections (b), |
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| 14 | 17 | | (c), and (d) to read as follows: |
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| 15 | 18 | | (a-1) This section applies to an individual, regardless of |
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| 16 | 19 | | whether the individual holds a certification under this chapter, |
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| 17 | 20 | | who is or was employed by, under contract with, or volunteering for: |
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| 18 | 21 | | (1) the department; |
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| 19 | 22 | | (2) a juvenile probation department; or |
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| 20 | 23 | | (3) a juvenile facility registered with the |
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| 21 | 24 | | department. |
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| 22 | 25 | | (b) Subject to Subsection (d), the [The] department may |
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| 23 | 26 | | designate as permanently ineligible for certification under this |
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| 24 | 27 | | chapter an individual to whom this section applies if: |
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| 25 | 28 | | (1) while employed by, under contract with, or |
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| 26 | 29 | | volunteering for an entity described by Subsection (a-1), the |
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| 27 | 30 | | individual engaged [who has been terminated from employment with |
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| 28 | 31 | | the department for engaging] in conduct that: |
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| 29 | 32 | | (A) violates this chapter or a department rule; |
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| 30 | 33 | | or |
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| 31 | 34 | | (B) demonstrates the individual is not suitable |
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| 32 | 35 | | for certification under this chapter; or |
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| 33 | 36 | | (2) a panel under Subsection (c) determines the |
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| 34 | 37 | | individual's certification would threaten juveniles in the |
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| 35 | 38 | | juvenile justice system. |
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| 36 | 39 | | (c) The executive director may convene, in person or |
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| 37 | 40 | | telephonically, a panel of three board members to determine if the |
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| 38 | 41 | | [a former department employee's] continued eligibility of an |
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| 39 | 42 | | individual to whom this section applies to obtain a certification |
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| 40 | 43 | | under this chapter threatens juveniles in the juvenile justice |
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| 41 | 44 | | system. If the panel determines an individual's eligibility for |
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| 42 | 45 | | certification threatens juveniles in the juvenile justice system, |
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| 43 | 46 | | the department shall temporarily designate the individual as |
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| 44 | 47 | | ineligible for certification until an administrative hearing is |
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| 45 | 48 | | held under Subsection (d). The hearing must be held as soon as |
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| 46 | 49 | | possible following the temporary designation. The executive |
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| 47 | 50 | | director may convene a panel under this subsection only if the |
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| 48 | 51 | | danger posed by the person's continued eligibility for |
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| 49 | 52 | | certification is imminent. The panel may hold a telephonic meeting |
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| 50 | 53 | | only if immediate action is required and convening the panel at one |
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| 51 | 54 | | location is inconvenient for any member of the panel. |
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| 52 | 55 | | (d) A person is entitled to a hearing before the State |
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| 53 | 56 | | Office of Administrative Hearings if the department proposes to |
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| 54 | 57 | | designate a person as permanently ineligible for certification as |
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| 55 | 58 | | provided by Subsection (b). |
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| 56 | 59 | | SECTION 2. This Act takes effect September 1, 2025. |
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