By: De la Garza H.B. No. 246
73R877 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Texas Commission on Juvenile
1-3 Issues.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. The Texas Commission on Juvenile
1-6 Issues is created to study juvenile issues, with an emphasis on the
1-7 juvenile justice system in this state.
1-8 SECTION 2. POWERS AND DUTIES. (a) The commission may issue
1-9 subpoenas to the same extent and under the same rules as a standing
1-10 committee of the legislature.
1-11 (b) The commission shall study and analyze all laws, rules,
1-12 and regulations applicable to juveniles in this state, including:
1-13 (1) the provisions of the Family Code;
1-14 (2) the law governing and the rules adopted by the
1-15 Texas Juvenile Probation Commission;
1-16 (3) the law governing and the rules adopted by the
1-17 Texas Youth Commission;
1-18 (4) the law governing and the rules adopted by the
1-19 Central Education Agency;
1-20 (5) the law governing and the rules adopted by the
1-21 Department of Protective and Regulatory Services;
1-22 (6) the law governing the licensing and regulation of
1-23 facilities serving juveniles; and
1-24 (7) the law governing juvenile records and the sharing
2-1 of information concerning juveniles.
2-2 (c) In addition to the issues studied under Subsection (b)
2-3 of this section, the commission shall study:
2-4 (1) services available to juveniles that are provided
2-5 by a public or private entity or by a for-profit or nonprofit
2-6 entity; and
2-7 (2) the elements of pre-delinquent and at-risk
2-8 behavior in juveniles.
2-9 (d) After completing the study, the commission shall propose
2-10 legislation to:
2-11 (1) revise the law applicable to juveniles to ensure
2-12 that:
2-13 (A) adequate services are available to
2-14 juveniles, including services for pre-delinquent and at-risk youth;
2-15 (B) information and records are available to
2-16 appropriate agencies and authorities, while maintaining safeguards
2-17 for confidentiality and privacy;
2-18 (C) a mechanism is provided for the coordination
2-19 of juvenile services across agency lines and jurisdictional
2-20 boundaries;
2-21 (D) a mechanism is provided for the licensing
2-22 and regulation of facilities and programs offering services to
2-23 juveniles; and
2-24 (E) a mechanism is provided to maximize the
2-25 availability and use of federal funds for juvenile programs and
2-26 facilities;
2-27 (2) adequately expand residential facilities to serve,
3-1 under the supervision of or through a contract with a local
3-2 probation authority or the Texas Youth Commission, juveniles;
3-3 (3) adequately expand the juvenile probation and
3-4 parole system, including the provision of special supervision and
3-5 treatment programs, to allow juveniles released on probation or
3-6 parole to receive supervision or treatment based on risk and need;
3-7 and
3-8 (4) address other issues raised as a result of the
3-9 study.
3-10 SECTION 3. COMPOSITION. (a) The commission is composed of
3-11 11 members, seven of whom are appointed by the governor, two of
3-12 whom are members of the senate appointed by the lieutenant
3-13 governor, and two of whom are members of the house of
3-14 representatives appointed by the speaker of the house of
3-15 representatives. In making appointments under this section, the
3-16 governor shall attempt to ensure participation on the commission by
3-17 women and minorities, including African Americans, Hispanic
3-18 Americans, Native Americans, and Asian Americans. Each member
3-19 serves at the pleasure of the official by whom the member is
3-20 appointed.
3-21 (b) The governor shall designate one member to serve as
3-22 chairman and one member to serve as vice-chairman.
3-23 (c) All members of the commission shall be generally
3-24 experienced in juvenile justice matters. In addition, there shall
3-25 be at least one member of the commission experienced in and
3-26 currently serving in each of the following positions:
3-27 (1) a trial judge who hears juvenile cases;
4-1 (2) a prosecutor of juvenile cases;
4-2 (3) a public defender in juvenile cases;
4-3 (4) an administrator of a juvenile justice system; and
4-4 (5) a constitutional county judge.
4-5 SECTION 4. REIMBURSEMENT. Members of the commission are not
4-6 entitled to compensation but are entitled to reimbursement for
4-7 actual and necessary expenses incurred in performing their official
4-8 duties.
4-9 SECTION 5. STAFF; CONTRACTS. (a) The commission may hire
4-10 staff as needed to provide data collection, analysis, research, and
4-11 other support services for the commission.
4-12 (b) The commission may contract with agencies of the state
4-13 or private consultants for expert assistance in developing profiles
4-14 for pre-delinquent or at-risk youth and other analytical services.
4-15 SECTION 6. ADVISORY COMMITTEES. (a) Three advisory
4-16 committees, one composed of representatives of education agencies,
4-17 one composed of representatives of social services agencies, and
4-18 one composed of representatives of nonprofit private sector
4-19 interest groups, are created to advise the commission in the
4-20 performance of its duties under this Act.
4-21 (b) An advisory committee composed of nine representatives
4-22 of education agencies designated by the commission shall be
4-23 appointed. A member of the advisory committee shall be appointed
4-24 by the executive director of a designated agency as required by the
4-25 commission.
4-26 (c) An advisory committee composed of nine representatives
4-27 of social services agencies designated by the commission shall be
5-1 appointed. A member of the advisory committee shall be appointed
5-2 by the executive director of a designated agency as required by the
5-3 commission.
5-4 (d) An advisory committee composed of 11 representatives of
5-5 nonprofit private sector interest groups involved with juvenile
5-6 justice issues shall be appointed by the members of the commission,
5-7 with each commission member appointing one member of the advisory
5-8 committee.
5-9 (e) An advisory committee member appointed by the executive
5-10 director of a state agency must be authorized by the executive
5-11 director to officially represent the interests of the agency.
5-12 (f) An advisory committee member appointed by the executive
5-13 director of a state agency is not entitled to compensation or
5-14 reimbursement of expenses for service on the advisory committee
5-15 unless the compensation or reimbursement is paid by the state
5-16 agency that the advisory committee member is appointed to
5-17 represent. Advisory committee members appointed by members of the
5-18 commission are not entitled to compensation but are entitled to
5-19 reimbursement for actual and necessary expenses incurred in
5-20 performing their official duties as advisory committee members.
5-21 SECTION 7. SUBMISSION. The commission shall submit the
5-22 proposed legislation described by Section 2(d) of this Act to the
5-23 governor, the lieutenant governor, and the speaker of the house of
5-24 representatives not later than December 15, 1994.
5-25 SECTION 8. INITIAL APPOINTMENTS. (a) The governor, the
5-26 lieutenant governor, and the speaker of the house of
5-27 representatives shall make their appointments not later than the
6-1 31st day after the effective date of this Act.
6-2 (b) The members of the commission and the designated state
6-3 agency executive directors shall make appointments to the advisory
6-4 committees under Section 6 not later than the 60th day after all
6-5 members of the commission are appointed.
6-6 SECTION 9. EMERGENCY. The importance of this legislation
6-7 and the crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.