Enrolled Bill Summary

Senate Bill 1179	Senate Author:  Perry
Effective:  9-1-23	House Sponsor:  Herrero

Senate Bill 1179 amends the Penal Code to revise Texas Civil Commitment Office (TCCO) duties and administrative procedures and to create certain criminal offenses for sexually violent predators. Among other provisions, the bill creates offenses for a individual who engages in certain prohibited conduct while committed to a civil commitment facility and for an officer or employee of TCCO who has improper sexual activity with an individual committed to a civil commitment facility.

Senate Bill 1179 amends the Health and Safety Code to revise provisions relating to the civil commitment of sexually violent predators with respect to transfer to confinement facilities and petitions for transfer; the conditions under which an employee of TCCO, a contractor with TCCO, or a contractor's employee may use mechanical restraints; and the circumstances under which a judge is required to set a hearing on or to deny a petition for a committed individual's release. The bill also provides for the administration of psychoactive medication to a civilly committed individual who is having a medication‑related emergency or is under an applicable court order and provides for related appeals.

Senate Bill 1179 amends the Civil Practice and Remedies Code to set out procedures governing an action, excluding an action brought under the Family Code, brought by a sexually violent predator who has been committed to a facility operated by or under contract with TCCO relating to that individual's inability to pay court costs. Among other provisions, the bill provides for the applicable court's dismissal of such an individual's claim under certain circumstances and sets out requirements for filing the claim, including an affidavit relating to previous filings and additional information for a claim that is subject to a grievance system established by TCCO or a facility under contract with TCCO. The bill authorizes the court to hold a hearing relating to an applicable claim at a facility operated by or under contract with TCCO or through video communications technology; to order the individual who has filed the claim to pay court fees, court costs, and other costs; and to develop a questionnaire for use by the individual for purposes of implementing the bill's provisions. The bill also provides for limited liability of first responders who refuse to provide wellness checks at civil commitment facilities.

Senate Bill 1179 amends the Code of Criminal Procedure to revise provisions relating to Department of Public Safety (DPS) and TCCO duties and responsibilities regarding the sex offender registration program, including by requiring DPS to release all relevant information contained in its sex offender registration database to an employee of TCCO on request.

Senate Bill 1179 amends the Occupations Code to require a person who is licensed or certified in Texas to provide health or medical services, a criminal justice agency, and a local law enforcement authority, each on request or in the normal course of official business, to release information concerning the treatment of a sex offender to TCCO.

Senate Bill 1179 amends the Government Code to authorize TCCO to designate a family liaison officer for a civilly committed sex offender and implement policies that encourage family unity and support for such an offender. The bill also excepts from the public availability requirement of state public information law information obtained or maintained by TCCO regarding a civilly committed sexually violent predator.