By: Smith, Ashley H.B. No. 205
73R217 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of the criminal justice system.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The title of Chapter 491, Government Code, is
1-5 amended to read as follows:
1-6 CHAPTER 491. TEXAS BOARD OF CORRECTIONS <CRIMINAL JUSTICE>,
1-7 TEXAS DEPARTMENT OF CORRECTIONS <CRIMINAL JUSTICE>:
1-8 GENERAL PROVISIONS
1-9 SECTION 2. Section 491.001, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 491.001. Definitions. (a) In this subtitle, except
1-12 for Chapter 511:
1-13 (1) "Board" means the Texas Board of Corrections
1-14 <Criminal Justice>.
1-15 (2) <"Community justice assistance division" means the
1-16 community justice assistance division of the department.>
1-17 <(3)> "Department" means the Texas Department of
1-18 Corrections <Criminal Justice>.
1-19 (3) <(4)> "Executive director" means the executive
1-20 director of the department.
1-21 <(5) "Institutional division" means the institutional
1-22 division of the department.>
1-23 <(6) "Pardons and paroles division" means the pardons
1-24 and paroles division of the department.>
2-1 (b) A reference in this subtitle or other law to:
2-2 (1) "Institutional division" means the Texas
2-3 Department of Corrections.
2-4 (2) "<Board of> Pardons and paroles division
2-5 <Paroles>" means<:>
2-6 <(A)> the Board of Pardons and Paroles <in any
2-7 statute relating to a subject under the board's jurisdiction as
2-8 provided by Article 42.18, Code of Criminal Procedure; or>
2-9 <(B) the pardons and paroles division in any
2-10 statute relating to a subject under the division's jurisdiction as
2-11 provided by Article 42.18, Code of Criminal Procedure>.
2-12 (3) <(2)> "Probation department" or "adult probation
2-13 department" means a community supervision and corrections
2-14 department established under Article 42.131, Code of Criminal
2-15 Procedure.
2-16 (4) <(3)> "Texas Adult Probation Commission" or the
2-17 "community justice assistance division" means the Community Justice
2-18 Assistance Board <community justice assistance division>.
2-19 (5) <(4)> "Texas Board of Criminal Justice
2-20 <Corrections>" means the board.
2-21 <(5) "Texas Department of Corrections" means the
2-22 institutional division.>
2-23 SECTION 3. The title of Chapter 492, Government Code, is
2-24 amended to read as follows:
2-25 CHAPTER 492. TEXAS BOARD OF CORRECTIONS <CRIMINAL JUSTICE>:
2-26 GENERAL DUTIES; MEMBERSHIP
2-27 SECTION 4. Section 492.012, Government Code, is amended to
3-1 read as follows:
3-2 Sec. 492.012. Sunset Provision. The Texas Board of
3-3 Corrections <Criminal Justice> and the Texas Department of
3-4 Corrections <Criminal Justice> are subject to Chapter 325 (Texas
3-5 Sunset Act). Unless continued in existence as provided by that
3-6 chapter, the board and the department are abolished September 1,
3-7 1997.
3-8 SECTION 5. Section 493.001, Government Code, is amended to
3-9 read as follows:
3-10 Sec. 493.001. Department Responsibilities. The department
3-11 is the state agency with primary responsibility for<:>
3-12 <(1)> the confinement, supervision, and rehabilitation
3-13 of felons<;>
3-14 <(2) the development of a system of state and local
3-15 punishment, supervision, and rehabilitation programs and
3-16 facilities; and>
3-17 <(3) the reintegration of felons into society after
3-18 release from confinement>.
3-19 SECTION 6. Section 493.004, Government Code, is amended to
3-20 read as follows:
3-21 Sec. 493.004. OPERATION OF STATE PRISONS <INSTITUTIONAL
3-22 DIVISION>. The department <institutional division> shall operate
3-23 and manage the state prison system.
3-24 SECTION 7. Section 493.007, Government Code, is amended to
3-25 read as follows:
3-26 Sec. 493.007. Personnel. (a) <Each division director shall
3-27 hire the employees for the director's division.>
4-1 <(b)> The executive director shall develop an intraagency
4-2 career ladder program. The program shall require intraagency
4-3 postings of all nonentry level positions concurrently with any
4-4 public postings.
4-5 (b) <(c)> The executive director shall develop a system of
4-6 annual performance evaluations. All merit pay for department
4-7 employees must be based on the system established under this
4-8 subsection.
4-9 (c) <(d)> The executive director shall prepare and maintain
4-10 a written policy statement to assure implementation of a program of
4-11 equal employment opportunity under which all personnel transactions
4-12 are made without regard to race, color, handicap, sex, religion,
4-13 age, or national origin. The policy statement must include:
4-14 (1) personnel policies, including policies related to
4-15 recruitment, evaluation, selection, appointment, training, and
4-16 promotion of personnel;
4-17 (2) a comprehensive analysis of the department work
4-18 force that meets federal and state guidelines;
4-19 (3) procedures by which a determination can be made of
4-20 significant underutilization in the department work force of all
4-21 persons for whom federal or state guidelines encourage a more
4-22 equitable balance; and
4-23 (4) reasonable methods to appropriately address those
4-24 areas of significant underutilization.
4-25 (d) <(e)> A policy statement prepared under Subsection (c)
4-26 <(d)> must cover an annual period, be updated at least annually,
4-27 and be filed with the governor's office.
5-1 (e) <(f)> The governor's office shall deliver a biennial
5-2 report to the legislature based on the information received under
5-3 Subsection (d) <(e)>. The report may be made separately or as a
5-4 part of other biennial reports made to the legislature.
5-5 SECTION 8. Chapter 42, Code of Criminal Procedure, is
5-6 amended by adding Article 42.037 to read as follows:
5-7 Art. 42.037. SUBSTANCE ABUSE FELONY PUNISHMENT FACILITIES.
5-8 (a) The Texas Department of Corrections, through the Community
5-9 Justice Assistance Board and the Board of Pardons and Paroles and
5-10 with the cooperation of the Texas Commission on Alcohol and Drug
5-11 Abuse, shall establish a program to confine and treat defendants
5-12 punished under Section 12.422, Penal Code.
5-13 (b) The department and the Texas Commission on Alcohol and
5-14 Drug Abuse shall jointly develop methods of screening and assessing
5-15 inmates sentenced under Section 12.422, Penal Code, to determine
5-16 their need for specific types of treatment for alcohol or drug
5-17 abuse problems.
5-18 (c) The program for persons sentenced under Section 12.422,
5-19 Penal Code, must consist of treatment programs that may vary in
5-20 time from six months to 12 months. The department shall also
5-21 establish and provide treatment programs for persons in categories
5-22 described by Subsections (g)(1)-(3) who are housed in beds
5-23 otherwise provided for persons sentenced under Section 12.422,
5-24 Penal Code.
5-25 (d) The program for persons sentenced under Section 12.422,
5-26 Penal Code, provided under this article must contain highly
5-27 structured work, education, and treatment schedules, a clearly
6-1 delineated authority structure, and well-defined goals and
6-2 guidelines. The department shall establish a graded system of
6-3 rewards and sanctions for inmates who participate in the program,
6-4 but a defendant sentenced under Section 12.422, Penal Code, is not
6-5 entitled to earn awards of time for good conduct. A qualified
6-6 professional, at least every 60 days, must perform an evaluation on
6-7 a defendant, other than a defendant whose underlying offense is an
6-8 offense under Article 6701l-1, Revised Statutes, that determines
6-9 the defendant's treatment progress and institutional behavior. The
6-10 professional must perform the evaluation on a defendant whose
6-11 underlying offense is an offense under Article 6701l-1, Revised
6-12 Statutes, at least every 28 days. Not later than three days after
6-13 the date on which a four-month evaluation is performed, or in the
6-14 case of a defendant whose underlying offense is an offense under
6-15 Article 6701l-1, Revised Statutes, three days after the date on
6-16 which a 28-day evaluation is performed, the qualified professional
6-17 shall establish a tentative release date for the defendant, notify
6-18 the sentencing court of that fact, and include with the notice a
6-19 copy of the four-month or 28-day evaluation, as appropriate. The
6-20 qualified professional immediately shall notify the court if the
6-21 professional determines the defendant's conduct requires a revision
6-22 of the tentative release date.
6-23 (e) The department shall contract through the Texas
6-24 Commission on Alcohol and Drug Abuse with nonprofit organizations
6-25 to provide qualified professionals to implement the program for
6-26 persons sentenced under Section 12.422, Penal Code. For purposes
6-27 of this subsection, a "qualified professional" is a person who:
7-1 (1) is a certified alcohol and drug abuse counselor;
7-2 (2) is a certified social worker or advanced clinical
7-3 practitioner and who has at least two years of experience in
7-4 chemical dependency counseling; or
7-5 (3) is a licensed professional counselor, physician,
7-6 or psychologist and who has at least two years of experience in
7-7 chemical dependency counseling.
7-8 (f) The department shall adopt rules of conduct for inmates
7-9 participating in the program for persons sentenced under Section
7-10 12.422, Penal Code.
7-11 (g) The department shall provide 12,000 beds for the purpose
7-12 of operating the program for persons sentenced under Section
7-13 12.422, Penal Code, except that the beds may also be used to house
7-14 the following categories of persons:
7-15 (1) persons transferred under Subchapter A, Chapter
7-16 499, Government Code, and Section 8(i), Article 42.18, of this
7-17 code;
7-18 (2) persons whose probation or parole has been
7-19 modified or revoked; and
7-20 (3) inmates confined in county jails awaiting transfer
7-21 to the department.
7-22 (h) On and after the date persons are sentenced under
7-23 Section 12.422, Penal Code, to participate in the program
7-24 established under this article, the department shall give priority
7-25 to housing those persons over the categories of persons described
7-26 by Subsections (g)(1)-(3).
7-27 (i) The department shall make quarterly reports to the
8-1 Legislative Criminal Justice Board that show the ratio of persons
8-2 in beds reserved under Subsection (g) who have been sentenced under
8-3 Section 12.422, Penal Code, to persons in those beds who have been
8-4 sent to the facilities by other methods.
8-5 (j) The department shall recover from a program participant
8-6 the cost to the department of providing treatment, to the extent
8-7 the participant has insurance that covers the treatment or is
8-8 otherwise able to pay for the treatment.
8-9 (k) It is the intent of the legislature that facilities
8-10 established under this article be used primarily to house persons
8-11 sentenced under Section 12.422, Penal Code, except that if
8-12 treatment beds are empty, this subsection does not prohibit the
8-13 department from using those empty beds to treat the categories of
8-14 persons listed in Subsection (g).
8-15 (l) The department shall identify inmates confined in county
8-16 jails who are awaiting transfer to the department and who because
8-17 of their need for treatment of drug or alcohol problems require
8-18 transfer to a substance abuse felony punishment facility. The
8-19 department may order the county to transfer an inmate to such a
8-20 facility. If the board finds that a county has failed to fully
8-21 cooperate with the department in evaluating and transferring
8-22 inmates under this article, the board shall notify the Commission
8-23 on Jail Standards of that fact. On notice from the board, the
8-24 commission may reduce or suspend payments under Subchapter F,
8-25 Chapter 499, Government Code, or may suspend the certification of
8-26 the county jail as provided by Section 511.012, Government Code.
8-27 (m) Notwithstanding any other provision of this article, the
9-1 department is authorized to provide substance abuse felony
9-2 punishment facilities, not to exceed 500 beds, for newly provided
9-3 alcohol and drug abuse beds exclusively for persons whose probation
9-4 or parole has been modified or revoked.
9-5 (n) In this article, "department" means the Texas Department
9-6 of Corrections.
9-7 SECTION 9. The title of Article 42.13, Code of Criminal
9-8 Procedure, is amended to read as follows:
9-9 Art. 42.13. COMMUNITY JUSTICE ASSISTANCE BOARD <DIVISION OF
9-10 THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE>
9-11 SECTION 10. Section 1(b), Article 42.13, Code of Criminal
9-12 Procedure, is amended to read as follows:
9-13 (b) In this article:
9-14 (1) "Board" means the Community Justice Assistance
9-15 <Texas> Board <of Criminal Justice>.
9-16 (2) "Department" means a community supervision and
9-17 corrections department established under Article 42.131 of this
9-18 code.
9-19 (3) "Division" means the Community Justice Assistance
9-20 Board <community justice assistance division of the Texas
9-21 Department of Criminal Justice>.
9-22 SECTION 11. Article 42.13, Code of Criminal Procedure, is
9-23 amended by adding Sections 1A, 1B, 1C, 1D, 1E, and 1F to read as
9-24 follows:
9-25 Sec. 1A. MEMBERSHIP. (a) The board consists of:
9-26 (1) three judges of the district courts and one judge
9-27 of the statutory county courts that try criminal cases and two
10-1 members of the general public appointed by the chief justice of the
10-2 Supreme Court of Texas; and
10-3 (2) three judges of the district courts and two judges
10-4 of the statutory county courts that try criminal cases and one
10-5 member of the general public appointed by the presiding judge of
10-6 the Texas Court of Criminal Appeals.
10-7 (b) A person is not eligible for appointment as a public
10-8 member if the person or the person's spouse:
10-9 (1) is certified as an officer by the board;
10-10 (2) is employed by or participates in the management
10-11 of a business entity or other organization receiving funds from the
10-12 board;
10-13 (3) owns, or controls directly or indirectly, more
10-14 than a 10 percent interest in a business entity or other
10-15 organization receiving funds from the board; or
10-16 (4) uses or receives a substantial amount of tangible
10-17 goods, services, or funds from the board, other than compensation
10-18 or reimbursement authorized by law for board membership,
10-19 attendance, or expenses.
10-20 (c) A person who is required to register as a lobbyist under
10-21 Chapter 305, Government Code, because of the person's activities
10-22 for compensation in or on behalf of a profession related to the
10-23 operation of the board, may not serve as a member of the board or
10-24 act as the general counsel to the board.
10-25 (d) An appointment to the board shall be made without regard
10-26 to the race, color, handicap, sex, religion, age, or national
10-27 origin of the appointee.
11-1 (e) It is ground for removal from the board if a member:
11-2 (1) does not have at the time of appointment the
11-3 qualifications required by Subsection (b) of this section for
11-4 appointment to the board;
11-5 (2) does not maintain during the member's service on
11-6 the board the qualifications required by Subsection (b) of this
11-7 section for appointment to the board;
11-8 (3) violates a provision of Subsection (c) of this
11-9 section;
11-10 (4) is unable to discharge the member's duties for a
11-11 substantial part of the term for which the member was appointed
11-12 because of illness or disability; or
11-13 (5) is absent from more than half of the regularly
11-14 scheduled board meetings that the member is eligible to attend
11-15 during each calendar year, except when the absence is excused by
11-16 majority vote of the board.
11-17 (f) The validity of an action of the board is not affected
11-18 by the fact that it was taken when a ground for removal of a member
11-19 of the board existed.
11-20 (g) If the executive director has knowledge that a potential
11-21 ground for removal exists, the executive director shall notify the
11-22 chairman of the board of the ground. The chairman shall notify the
11-23 appropriate appointing authority that a potential ground for
11-24 removal exists.
11-25 Sec. 1B. TERMS OF OFFICE. (a) Members of the board serve
11-26 staggered six-year terms.
11-27 (b) If a member of the board resigns or expires, the
12-1 appointing authority for the member's position shall appoint
12-2 another member to serve the remainder of the unexpired term.
12-3 Sec. 1C. CHAIRMAN. (a) The members of the board shall
12-4 elect a chairman from among the members.
12-5 (b) The chairman of the board shall serve for a term of two
12-6 years.
12-7 Sec. 1D. EXPENSES. Members of the board are not entitled to
12-8 compensation but are entitled to reimbursement for actual and
12-9 necessary expenses incurred in performing their official duties as
12-10 board members.
12-11 Sec. 1E. MEETINGS. (a) The board shall hold regular
12-12 quarterly meetings each year on dates fixed by the board and may
12-13 hold special meetings as the board determines necessary. The board
12-14 shall make rules providing for the regulation of the board's
12-15 proceedings and for the holding of special meetings.
12-16 (b) A majority of the board constitutes a quorum.
12-17 (c) The board shall keep a public record of the board's
12-18 decisions at the board's general office.
12-19 Sec. 1F. APPLICATION OF SUNSET ACT. The Community Justice
12-20 Assistance Board is subject to Chapter 325, Government Code (Texas
12-21 Sunset Act). Unless continued in existence as provided by that
12-22 chapter, the board is abolished and this article expires September
12-23 1, 2003.
12-24 SECTION 12. Section 2, Article 42.13, Code of Criminal
12-25 Procedure, is amended to read as follows:
12-26 Sec. 2. Standards and Procedures. (a) The <division shall
12-27 propose and the> board shall adopt reasonable rules:
13-1 (1) establishing minimum standards for programs,
13-2 facilities, equipment, and other aspects of the operation of
13-3 departments;
13-4 (2) establishing an application process and procedures
13-5 for funding community corrections facilities; <and>
13-6 (3) establishing a format for community justice plans;
13-7 and
13-8 (4) establishing standards for the operation of the
13-9 board.
13-10 (b) <In establishing standards relating to the operation of
13-11 departments, the division shall consider guidelines previously
13-12 developed and presented by the advisory committee on probation
13-13 department management to the Texas Adult Probation Commission.>
13-14 <(c)> After consultation with the Texas Commission on
13-15 Alcohol and Drug Abuse, the board <division> by rule shall
13-16 establish standards for the operation of substance abuse facilities
13-17 and programs by the board <division> and by departments. A
13-18 facility or program operating under the standards is not required
13-19 to be licensed or otherwise approved by any other state or local
13-20 agency.
13-21 (c) The board shall hire an executive director. The
13-22 director is responsible for the day-to-day administration of the
13-23 board.
13-24 SECTION 13. Section 1(4), Article 42.131, Code of Criminal
13-25 Procedure, is amended to read as follows:
13-26 (4) "Division" means the Community Justice Assistance
13-27 Board <community justice assistance division of the board>.
14-1 SECTION 14. Sections 2(5), (7), and (8), Article 42.18, Code
14-2 of Criminal Procedure, are amended to read as follows:
14-3 (5) "Director" means the director of the Board of
14-4 Pardons and Paroles <pardons and paroles division>.
14-5 (7) "Institutional division" means the <institutional
14-6 division of the> Texas Department of Corrections <Criminal
14-7 Justice>.
14-8 (8) "Pardons and paroles division" means the Board of
14-9 Pardons and Paroles <pardons and paroles division of the Texas
14-10 Department of Criminal Justice>.
14-11 SECTION 15. Section 6(b), Article 42.18, Code of Criminal
14-12 Procedure, is amended to read as follows:
14-13 (b) The Board of Pardons and Paroles <executive director of
14-14 the Texas Department of Criminal Justice> shall hire the director.
14-15 The director is responsible for the day-to-day administration of
14-16 the board <pardons and paroles division>.
14-17 SECTION 16. Section 7(a), Article 42.18, Code of Criminal
14-18 Procedure, is amended to read as follows:
14-19 (a) The members of the board shall:
14-20 (1) determine under Sections 8(a)-(f) of this article
14-21 which prisoners are to be released on parole;
14-22 (2) determine under Sections 8(g) and (j) of this
14-23 article conditions of parole and mandatory supervision;
14-24 (3) perform the constitutional duties imposed on the
14-25 board by Article IV, Section 11, of the Texas Constitution;
14-26 (4) determine which prisoners may be released from
14-27 supervision and reporting under Section 15 of this article; <and>
15-1 (5) determine under Section 14 of this article the
15-2 revocation of parole and mandatory supervision; and
15-3 (6) adopt rules necessary for the day-to-day
15-4 administration of the board.
15-5 SECTION 17. Sections 493.002, 493.003, 493.005, and 493.009,
15-6 Government Code, are repealed.
15-7 SECTION 18. (a) The chief justice of the Supreme Court of
15-8 Texas and the presiding judge of the Texas Court of Criminal
15-9 Appeals shall appoint the initial members of the Community Justice
15-10 Assistance Board on or before September 1, 1993.
15-11 (b) Of the initial members, the chief justice and the
15-12 presiding judge shall each appoint two to serve terms expiring
15-13 February 1, 1995, two to serve terms expiring February 1, 1997, and
15-14 two to serve terms expiring February 1, 1999. On expiration of
15-15 those terms, the term of a member appointed by the chief justice or
15-16 the presiding judge is six years, as provided by Section 1B,
15-17 Article 42.13, Code of Criminal Procedure, as added by this Act.
15-18 SECTION 19. (a) On September 1, 1993, the powers, duties,
15-19 and obligations of the Texas Board of Criminal Justice and the
15-20 Texas Department of Criminal Justice relating to:
15-21 (1) the administration of the parole system are
15-22 transferred to the Board of Pardons and Paroles;
15-23 (2) community justice assistance are transferred to
15-24 the Community Justice Assistance Board; and
15-25 (3) the confinement of convicted felons are
15-26 transferred to the Texas Board of Corrections or the Texas
15-27 Department of Corrections.
16-1 (b) On September 1, 1993, all property and records in the
16-2 custody of the Texas Board of Criminal Justice and the Texas
16-3 Department of Criminal Justice and all funds appropriated by the
16-4 legislature for their use relating to:
16-5 (1) the administration of the parole system are
16-6 transferred to the Board of Pardons and Paroles;
16-7 (2) community justice assistance are transferred to
16-8 the Community Justice Assistance Board; and
16-9 (3) the confinement of convicted felons are
16-10 transferred to the Texas Board of Corrections or the Texas
16-11 Department of Corrections.
16-12 (c) On the transfer of property, records, and funds under
16-13 Subsection (b) of this section, the Texas Board of Criminal Justice
16-14 and the Texas Department of Criminal Justice are abolished.
16-15 (d) On September 1, 1993, a member of the Texas Board of
16-16 Criminal Justice is a member of the Texas Board of Corrections and
16-17 serves in that capacity until the date on which that member's term
16-18 as a member of the Texas Board of Criminal Justice would have
16-19 expired.
16-20 (e) On September 1, 1993, an employee of the Texas Board of
16-21 Criminal Justice is an employee of the Board of Pardons and
16-22 Paroles, the Community Justice Assistance Board, or the Texas Board
16-23 of Corrections, to be assigned to a board at the direction of the
16-24 chairmen of the boards.
16-25 (f) On September 1, 1993, an employee of the Texas
16-26 Department of Criminal Justice becomes an employee of the Texas
16-27 Department of Corrections, to be assigned within the department at
17-1 the direction of the executive director.
17-2 (g) Unless a power, duty, or obligation granted to the Texas
17-3 Board of Criminal Justice or the Texas Department of Criminal
17-4 Justice is specifically reserved by statute to the Board of Pardons
17-5 and Paroles, the Community Justice Assistance Board, or the Texas
17-6 Department of Corrections, the Texas Board of Corrections may
17-7 assign the power, duty, or obligation to the Board of Pardons and
17-8 Paroles, the Community Justice Assistance Board, or the Texas
17-9 Department of Corrections.
17-10 (h) A rule, form, or policy adopted by the Texas Board of
17-11 Criminal Justice or the Texas Department of Criminal Justice, on
17-12 abolition of the board and the department, relating to:
17-13 (1) the administration of the parole system is a rule,
17-14 form, or policy of the Board of Pardons and Paroles;
17-15 (2) community justice assistance is a rule, form, or
17-16 policy of the Community Justice Assistance Board; and
17-17 (3) the confinement of convicted felons is a rule,
17-18 form, or policy of the Texas Board of Corrections or the Texas
17-19 Department of Corrections.
17-20 (i) On and after September 1, 1993, a reference in the law
17-21 to the Texas Board of Criminal Justice means the Texas Board of
17-22 Corrections and to the Texas Department of Criminal Justice means
17-23 the Texas Department of Corrections.
17-24 SECTION 20. (a) On September 1, 1993, the powers, duties,
17-25 and obligations of:
17-26 (1) the institutional division of the Texas Department
17-27 of Criminal Justice and its officers are transferred to the Texas
18-1 Department of Corrections;
18-2 (2) the community justice assistance division of the
18-3 Texas Department of Criminal Justice and its officers are
18-4 transferred to the Community Justice Assistance Board; and
18-5 (3) the pardons and paroles division of the Texas
18-6 Department of Criminal Justice and its officers are transferred to
18-7 the Board of Pardons and Paroles.
18-8 (b) On September 1, 1993, all property and records in the
18-9 custody of and all funds appropriated by the legislature for the
18-10 use of:
18-11 (1) the institutional division of the Texas Department
18-12 of Criminal Justice are transferred to the Texas Department of
18-13 Corrections;
18-14 (2) the community justice assistance division of the
18-15 Texas Department of Criminal Justice are transferred to the
18-16 Community Justice Assistance Board; and
18-17 (3) the pardons and paroles division of the Texas
18-18 Department of Criminal Justice are transferred to the Board of
18-19 Pardons and Paroles.
18-20 (c) On the transfer of the property, records, and funds
18-21 under Subsection (b) of this section, the institutional division,
18-22 the community justice assistance division, and the pardons and
18-23 paroles division of the Texas Department of Criminal Justice are
18-24 abolished.
18-25 (d) On September 1, 1993, an employee of:
18-26 (1) the institutional division of the Texas Department
18-27 of Criminal Justice is an employee of the Texas Department of
19-1 Corrections;
19-2 (2) the community justice assistance division of the
19-3 Texas Department of Criminal Justice is an employee of the
19-4 Community Justice Assistance Board; and
19-5 (3) the pardons and paroles division of the Texas
19-6 Department of Criminal Justice is an employee of the Board of
19-7 Pardons and Paroles.
19-8 (e) Unless a power, duty, or obligation granted to a
19-9 division of the Texas Department of Criminal Justice is
19-10 specifically reserved by statute to the Texas Department of
19-11 Corrections, the Community Justice Assistance Board, or the Board
19-12 of Pardons and Paroles, the Texas Board of Corrections may assign
19-13 the power, duty, or obligation to the Texas Department of
19-14 Corrections, the Community Justice Assistance Board, or the Board
19-15 of Pardons and Paroles.
19-16 (f) A rule, form, or policy adopted by:
19-17 (1) the institutional division of the Texas Department
19-18 of Criminal Justice, on abolition of the division, is a rule, form,
19-19 or policy of the Texas Department of Corrections;
19-20 (2) the community justice assistance division of the
19-21 Texas Department of Criminal Justice, on abolition of the division,
19-22 is a rule, form, or policy of the Community Justice Assistance
19-23 Board; and
19-24 (3) the pardons and paroles division of the Texas
19-25 Department of Criminal Justice, on abolition of the division, is a
19-26 rule, form, or policy of the Board of Pardons and Paroles.
19-27 (g) On or after September 1, 1993, a reference in the law to
20-1 the:
20-2 (1) institutional division of the Texas Department of
20-3 Criminal Justice means the Texas Department of Corrections;
20-4 (2) community justice assistance division of the Texas
20-5 Department of Criminal Justice means the Community Justice
20-6 Assistance Board; and
20-7 (3) pardons and paroles division of the Texas
20-8 Department of Criminal Justice means the Board of Pardons and
20-9 Paroles.
20-10 SECTION 21. The importance of this legislation and the
20-11 crowded condition of the calendars in both houses create an
20-12 emergency and an imperative public necessity that the
20-13 constitutional rule requiring bills to be read on three several
20-14 days in each house be suspended, and this rule is hereby suspended,
20-15 and that this Act take effect and be in force from and after its
20-16 passage, and it is so enacted.