Texas 2025 - 89th Regular

Texas Senate Bill SB2387 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R413 MZM-F
2	2	By: Miles S.B. No. 2387
3	3
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5	5
6	6
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 immediately report to the executive
102	102	director, or the executive director's designee, and to the
103	103	governor, the lieutenant governor, the speaker of the house of
104	104	representatives, the state auditor, and the office of the inspector
105	105	general of the department any particularly serious or flagrant:
106	106	(1) confirmed case of abuse or injury of an offender;
107	107	(2) problem concerning the administration of a
108	108	department program or operation;
109	109	(3) problem concerning the delivery of services in a
110	110	facility;
111	111	(4) interference by the department with an
112	112	investigation conducted by the office; or
113	113	(5) confirmed outbreak of a communicable disease as
114	114	defined by Section 81.003, Health and Safety Code.
115	115	(c) In response to any recommendation made by the ombudsman
116	116	in a report submitted under this section, the department shall:
117	117	(1) develop a corrective action plan to specifically
118	118	address the recommendation; or
119	119	(2) submit to the ombudsman a written objection to the
120	120	recommendation that includes the reasons for the objection.
121	121	(d) The ombudsman shall publish on the office's Internet
122	122	website each:
123	123	(1) report submitted under this section;
124	124	(2) corrective action plan developed under Subsection
125	125	(c)(1); and
126	126	(3) objection submitted under Subsection (c)(2).
127	127	Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The
128	128	department shall establish procedures allowing any offender or
129	129	facility administrator or employee to communicate with the
130	130	ombudsman or an assistant ombudsman regarding a power or duty of the
131	131	ombudsman or office. The communication:
132	132	(1) may be in person, by mail, or by any other means;
133	133	and
134	134	(2) is confidential and privileged.
135	135	(b) The records of the ombudsman are confidential, except
136	136	that the ombudsman shall:
137	137	(1) share with the office of the inspector general of
138	138	the department a communication with an offender that may involve
139	139	abuse or neglect; and
140	140	(2) disclose the ombudsman's nonprivileged records if
141	141	required by a court order on a showing of good cause.
142	142	(c) The ombudsman may make public any report relating to an
143	143	investigation after the investigation is complete, except that the
144	144	names of all offenders, family members, and employees remain
145	145	confidential and must be redacted before the report is made public.
146	146	(d) The name, address, and other personally identifiable
147	147	information of a person who files a complaint with the office,
148	148	information generated by the office in the course of an
149	149	investigation, and confidential records obtained by the office are
150	150	confidential and not subject to disclosure under Chapter 552,
151	151	except that the information and records, other than confidential
152	152	information and records concerning a pending law enforcement
153	153	investigation or criminal action, may be disclosed to an
154	154	appropriate person if the office determines that disclosure is:
155	155	(1) in the public interest;
156	156	(2) necessary to enable the office or ombudsman to
157	157	perform a duty under this chapter; or
158	158	(3) necessary to identify, prevent, or treat physical
159	159	or sexual assault or neglect of an offender.
160	160	Sec. 512.056. PROMOTION OF AWARENESS. The ombudsman shall
161	161	promote awareness among the department, the public, and offenders
162	162	regarding:
163	163	(1) how the office may be contacted;
164	164	(2) the purpose of the office; and
165	165	(3) the services the office provides.
166	166	Sec. 512.057. RULEMAKING AUTHORITY. The office by rule
167	167	shall establish policies and procedures for the operations of the
168	168	office.
169	169	SUBCHAPTER C. POWERS AND DUTIES
170	170	Sec. 512.101. POWERS AND DUTIES. (a) The ombudsman shall:
171	171	(1) review the procedures established by the
172	172	department and evaluate the delivery of services to offenders to
173	173	identify alternate procedures or services that would optimize the
174	174	use of state resources while ensuring that the rights of offenders
175	175	are fully observed;
176	176	(2) routinely review grievances and grievance logs to
177	177	address any pattern of actions of the department affecting the
178	178	treatment of offenders;
179	179	(3) conduct investigations of complaints submitted by
180	180	offenders, family members, and employees and review criminal
181	181	investigations conducted by the office of the inspector general of
182	182	the department if the ombudsman determines that a pattern of
183	183	complaints exists suggesting that an issue affects more than one
184	184	offender;
185	185	(4) review or inspect periodically the facilities and
186	186	procedures of any institution or residence in which an offender has
187	187	been placed by the department, whether public or private, to ensure
188	188	that the rights of offenders are fully observed;
189	189	(5) conduct immediate investigations of a significant
190	190	group disturbance or other critical incident to determine whether a
191	191	change in department policy or practice is necessary;
192	192	(6) provide assistance to an offender or family member
193	193	who the ombudsman determines is in need of assistance, including
194	194	advocating with an agency, provider, or other person in the best
195	195	interests of the offender;
196	196	(7) review court orders as necessary to fulfill the
197	197	ombudsman's duties;
198	198	(8) recommend changes in any procedure relating to the
199	199	treatment of offenders;
200	200	(9) make appropriate referrals under any of the powers
201	201	and duties listed in this subsection; and
202	202	(10) supervise an assistant ombudsman in the
203	203	performance of the assistant ombudsman's duties.
204	204	(b) The ombudsman may inform persons who are interested in
205	205	an offender's welfare of the rights of the offender.
206	206	(c) To determine if an offender's rights have been violated,
207	207	the ombudsman may, in any matter that does not involve alleged
208	208	criminal behavior, contact or consult with an administrator, an
209	209	employee, a family member, an expert, another offender, or any
210	210	other individual in the course of the ombudsman's investigation or
211	211	to secure information.
212	212	(d) Notwithstanding any other provision of this chapter,
213	213	the ombudsman may not investigate alleged criminal behavior, except
214	214	that the ombudsman may review, in accordance with Subsection
215	215	(a)(3), a criminal investigation conducted by the office of the
216	216	inspector general of the department to ensure that the
217	217	investigation was conducted in an accurate, unbiased, and thorough
218	218	manner.
219	219	(e) An inmate's complaint to the office and any
220	220	investigation conducted by the ombudsman under this chapter are
221	221	independent of the inmate grievance system developed under Section
222	222	501.008 and do not affect the procedures, rights, or duties
223	223	established under that system or constitute a grievance under that
224	224	system.
225	225	Sec. 512.102. RETALIATION PROHIBITED. The department may
226	226	not:
227	227	(1) discharge, discipline, or in any manner
228	228	discriminate or retaliate against an employee who makes a good
229	229	faith complaint to the office or cooperates with an investigation
230	230	under this chapter; or
231	231	(2) discipline or in any manner discriminate or
232	232	retaliate against an offender who complains to or communicates or
233	233	cooperates with the office in the course of the office carrying out
234	234	its duties.
235	235	Sec. 512.103. TRAINING. The ombudsman may attend training
236	236	sessions for correctional officers or participate in other
237	237	appropriate professional training.
238	238	SUBCHAPTER D. ACCESS TO INFORMATION, FACILITIES, AND PERSONNEL
239	239	Sec. 512.151. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
240	240	ENTITIES. The department shall allow the ombudsman access to the
241	241	department's records relating to an offender or investigation. In
242	242	allowing access to records under this section, the department shall
243	243	fully cooperate and collaborate with the office in a prompt manner
244	244	in order for the office to carry out its duties and improve facility
245	245	operations and conditions.
246	246	Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
247	247	The ombudsman may subpoena the records of a private entity that
248	248	relate to a complaint the ombudsman is investigating.
249	249	Sec. 512.153. ACCESS TO FACILITIES, RECORDS, AND PERSONNEL.
250	250	(a) The office may inspect or review without notice any part of a
251	251	facility or any facility operation, policy, procedure, record, or
252	252	log relating to:
253	253	(1) a condition of confinement;
254	254	(2) offender discipline and the use of force against
255	255	an offender;
256	256	(3) an incident of assault or sexual assault;
257	257	(4) death of or serious bodily injury to an offender;
258	258	(5) the provision of health care, including mental
259	259	health care;
260	260	(6) the offender grievance process;
261	261	(7) a telephone, mail, or visitation policy;
262	262	(8) a rehabilitation, reentry, or reintegration
263	263	program;
264	264	(9) employee recruitment, training, supervision, or
265	265	discipline; and
266	266	(10) staffing levels and staffing deployment.
267	267	(b) The ombudsman shall coordinate with the office of the
268	268	inspector general of the department to develop policies and
269	269	procedures that ensure an inspection or review under Subsection (a)
270	270	does not interfere with a criminal investigation being conducted by
271	271	the office of the inspector general.
272	272	(c) In conducting an investigation, the office may:
273	273	(1) interview offenders and facility administrators
274	274	or employees;
275	275	(2) hold public hearings; and
276	276	(3) issue a subpoena to compel the attendance of a
277	277	relevant witness or the production of relevant records or
278	278	documents.
279	279	SUBCHAPTER E. ADVISORY BOARD
280	280	Sec. 512.201. CREATION AND COMPOSITION OF ADVISORY BOARD.
281	281	(a) An advisory board is created to advise the office in carrying
282	282	out the office's duties under this chapter.
283	283	(b) The advisory board is composed of the following nine
284	284	members appointed by the governor:
285	285	(1) one family member of an offender or former
286	286	offender;
287	287	(2) one health care professional;
288	288	(3) one social worker;
289	289	(4) one person with expertise in administrative or
290	290	criminal investigations;
291	291	(5) one person with expertise in sexual assault victim
292	292	advocacy;
293	293	(6) one person with expertise in occupational safety
294	294	and health;
295	295	(7) one person with expertise in research and data
296	296	analysis;
297	297	(8) one former offender; and
298	298	(9) one former correctional officer.
299	299	(c) The chair of each standing committee of the legislature
300	300	having primary jurisdiction over the department and the primary
301	301	author and sponsor of the legislation enacting this chapter, but
302	302	only if the author or sponsor continues to be a member of the
303	303	legislature, may provide the governor with recommendations on any
304	304	appointment made under Subsection (b).
305	305	(d) Members of the advisory board serve staggered four-year
306	306	terms.
307	307	(e) A person may not serve as a member of the advisory board
308	308	for more than two terms.
309	309	(f) Chapter 2110 does not apply to the composition or
310	310	duration of the advisory board.
311	311	SECTION 2. (a) As soon as practicable after the effective
312	312	date of this Act, the governor shall appoint an initial ombudsman
313	313	under Chapter 512, Government Code, as added by this Act, to a term
314	314	expiring February 1, 2029.
315	315	(b) Not later than December 1, 2025, the governor shall
316	316	appoint the members of the advisory board under Section 512.201,
317	317	Government Code, as added by this Act.
318	318	SECTION 3. This Act takes effect September 1, 2025.