By: Oakley H.B. No. 217
73R1470 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of state agencies providing
1-3 assistance to community supervision and corrections departments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 491.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 491.001. Definitions. (a) In this subtitle, except
1-8 for Chapter 511:
1-9 (1) "Board" means the Texas Board of Criminal Justice.
1-10 (2) <"Community justice assistance division" means the
1-11 community justice assistance division of the department.>
1-12 <(3)> "Department" means the Texas Department of
1-13 Criminal Justice.
1-14 (3) <(4)> "Executive director" means the executive
1-15 director of the department.
1-16 (4) <(5)> "Institutional division" means the
1-17 institutional division of the department.
1-18 (5) <(6)> "Pardons and paroles division" means the
1-19 pardons and paroles division of the department.
1-20 (b) A reference in this subtitle or other law to:
1-21 (1) "Board of Pardons and Paroles" means:
1-22 (A) the Board of Pardons and Paroles in any
1-23 statute relating to a subject under the board's jurisdiction as
1-24 provided by Article 42.18, Code of Criminal Procedure; or
2-1 (B) the pardons and paroles division in any
2-2 statute relating to a subject under the division's jurisdiction as
2-3 provided by Article 42.18, Code of Criminal Procedure.
2-4 (2) "Probation department" or "adult probation
2-5 department" means a community supervision and corrections
2-6 department established under Article 42.131, Code of Criminal
2-7 Procedure.
2-8 (3) "Texas Adult Probation Commission" or "community
2-9 justice assistance division" means the Community Justice Assistance
2-10 Board <community justice assistance division>.
2-11 (4) "Texas Board of Corrections" means the board.
2-12 (5) "Texas Department of Corrections" means the
2-13 institutional division.
2-14 SECTION 2. Section 493.001, Government Code, is amended to
2-15 read as follows:
2-16 Sec. 493.001. Department Responsibilities. The department
2-17 is the state agency with primary responsibility for:
2-18 (1) the confinement, supervision, and rehabilitation
2-19 of felons; and
2-20 (2) <the development of a system of state and local
2-21 punishment, supervision, and rehabilitation programs and
2-22 facilities; and>
2-23 <(3)> the reintegration of felons into society after
2-24 release from confinement.
2-25 SECTION 3. Section 493.002(a), Government Code, is amended
2-26 to read as follows:
2-27 (a) The following divisions are within the department:
3-1 (1) <the community justice assistance division;>
3-2 <(2)> the institutional division; and
3-3 (2) <(3)> the pardons and paroles division.
3-4 SECTION 4. The title of Article 42.13, Code of Criminal
3-5 Procedure, is amended to read as follows:
3-6 Art. 42.13. COMMUNITY JUSTICE ASSISTANCE BOARD <DIVISION OF
3-7 THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE>
3-8 SECTION 5. Section 1(b), Article 42.13, Code of Criminal
3-9 Procedure, is amended to read as follows:
3-10 (b) In this article:
3-11 (1) "Board" means the Community Justice Assistance
3-12 <Texas> Board <of Criminal Justice>.
3-13 (2) "Department" means a community supervision and
3-14 corrections department established under Article 42.131 of this
3-15 code.
3-16 (3) "Division" means the Community Justice Assistance
3-17 Board <community justice assistance division of the Texas
3-18 Department of Criminal Justice>.
3-19 SECTION 6. Article 42.13, Code of Criminal Procedure, is
3-20 amended by adding Sections 1A, 1B, 1C, 1D, 1E, and 1F to read as
3-21 follows:
3-22 Sec. 1A. MEMBERSHIP. (a) The board consists of:
3-23 (1) three judges of the district courts and one judge
3-24 of the statutory county courts that try criminal cases and two
3-25 members of the general public appointed by the chief justice of the
3-26 Supreme Court of Texas; and
3-27 (2) three judges of the district courts and two judges
4-1 of the statutory county courts that try criminal cases and one
4-2 member of the general public appointed by the presiding judge of
4-3 the Texas Court of Criminal Appeals.
4-4 (b) A person is not eligible for appointment as a public
4-5 member if the person or the person's spouse:
4-6 (1) is certified as an officer by the board;
4-7 (2) is employed by or participates in the management
4-8 of a business entity or other organization receiving funds from the
4-9 board;
4-10 (3) owns, or controls directly or indirectly, more
4-11 than a 10 percent interest in a business entity or other
4-12 organization receiving funds from the board; or
4-13 (4) uses or receives a substantial amount of tangible
4-14 goods, services, or funds from the board, other than compensation
4-15 or reimbursement authorized by law for board membership,
4-16 attendance, or expenses.
4-17 (c) A person who is required to register as a lobbyist under
4-18 Chapter 305, Government Code, because of the person's activities
4-19 for compensation in or on behalf of a profession related to the
4-20 operation of the board, may not serve as a member of the board or
4-21 act as the general counsel to the board.
4-22 (d) An appointment to the board shall be made without regard
4-23 to the race, color, handicap, sex, religion, age, or national
4-24 origin of the appointee.
4-25 (e) It is a ground for removal from the board if a member:
4-26 (1) does not have at the time of appointment the
4-27 qualifications required by Subsection (b) of this section for
5-1 appointment to the board;
5-2 (2) does not maintain during the member's service on
5-3 the board the qualifications required by Subsection (b) of this
5-4 section for appointment to the board;
5-5 (3) violates a provision of Subsection (c) of this
5-6 section;
5-7 (4) is unable to discharge the member's duties for a
5-8 substantial part of the term for which the member was appointed
5-9 because of illness or disability; or
5-10 (5) is absent from more than half of the regularly
5-11 scheduled board meetings that the member is eligible to attend
5-12 during each calendar year, except when the absence is excused by
5-13 majority vote of the board.
5-14 (f) The validity of an action of the board is not affected
5-15 by the fact that it was taken when a ground for removal of a member
5-16 of the board existed.
5-17 (g) If the executive director has knowledge that a potential
5-18 ground for removal exists, the executive director shall notify the
5-19 chairman of the board of the ground. The chairman shall notify the
5-20 appropriate appointing authority that a potential ground for
5-21 removal exists.
5-22 Sec. 1B. TERMS OF OFFICE. (a) Members of the board serve
5-23 staggered six-year terms.
5-24 (b) If a member of the board resigns or expires, the
5-25 appointing authority for the member's position shall appoint
5-26 another member to serve the remainder of the unexpired term.
5-27 Sec. 1C. CHAIRMAN. (a) The members of the board shall
6-1 elect a chairman from among the members.
6-2 (b) The chairman of the board shall serve for a term of two
6-3 years.
6-4 Sec. 1D. EXPENSES. Members of the board are not entitled to
6-5 compensation but are entitled to reimbursement for actual and
6-6 necessary expenses incurred in performing their official duties as
6-7 board members.
6-8 Sec. 1E. MEETINGS. (a) The board shall hold regular
6-9 quarterly meetings each year on dates fixed by the board and may
6-10 hold special meetings as the board determines necessary. The board
6-11 shall make rules providing for the regulation of the board's
6-12 proceedings and for the holding of special meetings.
6-13 (b) A majority of the board constitutes a quorum.
6-14 (c) The board shall keep a public record of the board's
6-15 decisions at the board's general office.
6-16 Sec. 1F. APPLICATION OF SUNSET ACT. The Community Justice
6-17 Assistance Board is subject to Chapter 325, Government Code (Texas
6-18 Sunset Act). Unless continued in existence as provided by that
6-19 chapter, the board is abolished and this article expires September
6-20 1, 2005.
6-21 SECTION 7. Section 2, Article 42.13, Code of Criminal
6-22 Procedure, is amended to read as follows:
6-23 Sec. 2. Standards and Procedures. (a) The <division shall
6-24 propose and the> board shall adopt reasonable rules:
6-25 (1) establishing minimum standards for programs,
6-26 facilities, equipment, and other aspects of the operation of
6-27 departments;
7-1 (2) establishing an application process and procedures
7-2 for funding community corrections facilities; <and>
7-3 (3) establishing a format for community justice plans;
7-4 and
7-5 (4) establishing standards for the operation of the
7-6 board.
7-7 (b) <In establishing standards relating to the operation of
7-8 departments, the division shall consider guidelines previously
7-9 developed and presented by the advisory committee on probation
7-10 department management to the Texas Adult Probation Commission.>
7-11 <(c)> After consultation with the Texas Commission on
7-12 Alcohol and Drug Abuse, the board <division> by rule shall
7-13 establish standards for the operation of substance abuse facilities
7-14 and programs by the board <division> and by departments. A
7-15 facility or program operating under the standards is not required
7-16 to be licensed or otherwise approved by any other state or local
7-17 agency.
7-18 (c) The chairman of the board shall hire an executive
7-19 director. The director is responsible for the day-to-day
7-20 administration of the board.
7-21 SECTION 8. Section 1(4), Article 42.131, Code of Criminal
7-22 Procedure, is amended to read as follows:
7-23 (4) "Division" means the Community Justice Assistance
7-24 Board <community justice assistance division of the board>.
7-25 SECTION 9. Section 493.003, Government Code, is repealed.
7-26 SECTION 10. (a) The chief justice of the Supreme Court of
7-27 Texas and the presiding judge of the Texas Court of Criminal
8-1 Appeals shall appoint the initial members of the Community Justice
8-2 Assistance Board on or before September 1, 1993.
8-3 (b) Of the initial members, the chief justice shall appoint
8-4 two to serve terms expiring February 1, 1995, two to serve terms
8-5 expiring February 1, 1997, and two to serve terms expiring February
8-6 1, 1999. Of the initial members, the presiding judge shall appoint
8-7 one to serve a term expiring February 1, 1995, one to serve a term
8-8 expiring February 1, 1997, and one to serve a term expiring
8-9 February 1, 1999. On expiration of the initial terms, the term of
8-10 a member appointed by the chief justice or presiding judge is six
8-11 years, as provided by Section 1B, Article 42.13, Code of Criminal
8-12 Procedure, as added by this Act.
8-13 SECTION 11. (a) On September 1, 1993, the powers, duties,
8-14 and obligations of the Texas Board of Criminal Justice and the
8-15 Texas Department of Criminal Justice relating to community justice
8-16 assistance are transferred to the Community Justice Assistance
8-17 Board.
8-18 (b) On September 1, 1993, all property and records in the
8-19 custody of the Texas Board of Criminal Justice and the Texas
8-20 Department of Criminal Justice and all funds appropriated by the
8-21 legislature for their use relating to community justice assistance
8-22 are transferred to the Community Justice Assistance Board.
8-23 (c) On September 1, 1993, an employee of the Texas Board of
8-24 Criminal Justice whose duties relate to community justice
8-25 assistance or an employee of the community justice assistance
8-26 division of the Texas Department of Criminal Justice is an employee
8-27 of the Community Justice Assistance Board, to be assigned at the
9-1 direction of the chairmen of the Community Justice Assistance
9-2 Board.
9-3 (d) A rule, form, or policy adopted by the Texas Board of
9-4 Criminal Justice or the Texas Department of Criminal Justice, on
9-5 abolition of the community justice assistance division, relating to
9-6 community justice assistance is a rule, form, or policy of the
9-7 Community Justice Assistance Board.
9-8 SECTION 12. (a) On September 1, 1993, the powers, duties,
9-9 and obligations of the community justice assistance division of the
9-10 Texas Department of Criminal Justice and its officers are
9-11 transferred to the Community Justice Assistance Board.
9-12 (b) On September 1, 1993, all property and records in the
9-13 custody of and all funds appropriated by the legislature for the
9-14 use of the community justice assistance division of the Texas
9-15 Department of Criminal Justice are transferred to the Community
9-16 Justice Assistance Board.
9-17 (c) On the transfer of the property, records, and funds
9-18 under Subsection (b) of this section, the community justice
9-19 assistance division of the Texas Department of Criminal Justice is
9-20 abolished.
9-21 (d) A rule, form, or policy adopted by the community justice
9-22 assistance division of the Texas Department of Criminal Justice, on
9-23 abolition of the division, is a rule, form, or policy of the
9-24 Community Justice Assistance Board.
9-25 (e) On or after September 1, 1993, a reference in the law to
9-26 the community justice assistance division of the Texas Department
9-27 of Criminal Justice means the Community Justice Assistance Board.
10-1 SECTION 13. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 days in each house be suspended, and this rule is hereby suspended,
10-6 and that this Act take effect and be in force from and after its
10-7 passage, and it is so enacted.