By:  Zaffirini                                        S.B. No. 1130
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the Interagency Council on Sex Offender Treatment;
    1-2  creating an offense and providing a penalty.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 1 and 2, Chapter 462, Acts of the 68th
    1-5  Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
    1-6  Texas Civil Statutes), are amended to read as follows:
    1-7        Sec. 1.  Definitions.  In this Act:
    1-8              (1)  "Council" means the <Interagency> Council on Sex
    1-9  Offender Treatment.
   1-10              (2)  "Registry" means a database maintained by the
   1-11  council of persons who have met the council's criteria for the
   1-12  treatment of sex offenders and who provide mental health or medical
   1-13  services for the rehabilitation of sex offenders.
   1-14              (3)  "Rehabilitation service" means a mental health
   1-15  treatment or medical intervention program designed to treat or
   1-16  remedy a sex offender's mental or medical problem that may relate
   1-17  or contribute to the sex offender's criminal or paraphiliac
   1-18  problem.
   1-19              (4) <(3)>  "Sex offender" means a person who:
   1-20                    (A)  is convicted of committing or adjudicated to
   1-21  have committed a sex crime under the laws in the state of original
   1-22  jurisdiction or under federal law, is awarded deferred adjudication
   1-23  for a sex crime under any state or federal law, or admits to having
    2-1  violated state or federal statutes with regard to sexual conduct
    2-2  <committing or has been convicted of an offense under any of the
    2-3  following sections of the Penal Code:>
    2-4                          <(i)  Section 20.04(a)(4) (Aggravated
    2-5  kidnapping);>
    2-6                          <(ii)  Section 21.07 (Public lewdness);>
    2-7                          <(iii)  Section 21.08 (Indecent exposure);>
    2-8                          <(iv)  Section 21.11 (Indecency with a
    2-9  child);>
   2-10                          <(v)  Section 22.011 (Sexual assault);>
   2-11                          <(vi)  Section 22.021 (Aggravated sexual
   2-12  assault);>
   2-13                          <(vii)  Section 25.02 (Incest);>
   2-14                          <(viii)  Section 25.06 (Solicitation of a
   2-15  child); or>
   2-16                          <(ix)  Section 43.25 (Sexual performance by
   2-17  a child)>; or
   2-18                    (B)  experiences or evidences a paraphiliac
   2-19  disorder as defined by the current Revised Diagnostic and
   2-20  Statistical Manual <III>.
   2-21              (5) <(4)>  "Sex offender treatment <Treatment>
   2-22  provider" means a person, licensed or certified to practice in this
   2-23  state, who provides mental health or medical services for
   2-24  rehabilitation of sex offenders, including a physician,
   2-25  psychiatrist, psychologist, licensed professional counselor,
    3-1  licensed marriage and family therapist, or certified social worker.
    3-2        Sec. 2.  Council.  The <Interagency> Council on Sex Offender
    3-3  Treatment is established.
    3-4        SECTION 2.  Sections 3 and 4, Chapter 462, Acts of the 68th
    3-5  Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
    3-6  Texas Civil Statutes), are amended to read as follows:
    3-7        Sec. 3.  COUNCIL Membership; ADVISORY COMMITTEE.  (a)  The
    3-8  council is composed of three public members who meet the council's
    3-9  requirements for registration as a sex offender treatment provider,
   3-10  appointed by the governor with the advice and consent of the
   3-11  senate.
   3-12        (b)  An interagency advisory committee may advise the council
   3-13  on administering its duties under this Act.  The interagency
   3-14  advisory committee <council> is composed of 11 <13> members.  The
   3-15  executive head of each of the following agencies or the designated
   3-16  representative of the executive head shall serve as a <an ex
   3-17  officio> member of the interagency advisory committee
   3-18  <council>:  institutional division of the Texas Department of
   3-19  Criminal Justice <Corrections>, pardons and paroles division of the
   3-20  Texas Department of Criminal Justice <Board of Pardons and
   3-21  Paroles>, community justice assistance division of the Texas
   3-22  Department of Criminal Justice <Texas Adult Probation Commission>,
   3-23  Texas Juvenile Probation Commission, Texas Department of Mental
   3-24  Health and Mental Retardation, Texas Youth Commission <Council>,
   3-25  Sam Houston State University, <Texas> Department of Protective and
    4-1  Regulatory <Human> Services, Texas Council of Community Mental
    4-2  Health and Mental Retardation Centers, and Texas Department of
    4-3  Health.  The director of the Criminal Justice Division of the
    4-4  Governor's Office or the designated representative of the director
    4-5  shall serve as a <an ex officio> member of the interagency advisory
    4-6  committee <council>.  <The governor shall appoint  three public
    4-7  members to the council with the advice and consent of the senate.>
    4-8        (c) <(b)>  If the director of the Criminal Justice Division
    4-9  of the Governor's Office or an executive head of a state agency
   4-10  designates a representative as a member of the interagency advisory
   4-11  committee, the representative must be at the time of the
   4-12  designation and during the time of service on the committee
   4-13  <council> an officer or employee of the agency or division.  <The
   4-14  three members appointed by the governor must be at the time of
   4-15  appointment and during the time of service on the council
   4-16  representatives of the general public with expertise in the
   4-17  treatment of sex offenders.>
   4-18        Sec. 4.  TERMS.  Members <Public members> of the council hold
   4-19  office for staggered terms of six years, with one member's term
   4-20  expiring February 1 of each odd-numbered year.
   4-21        SECTION 3.  Section 5, Chapter 462, Acts of the 68th
   4-22  Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
   4-23  Texas Civil Statutes), is amended by amending Subsection (c) and
   4-24  adding Subsection (d) to read as follows:
   4-25        (c)  Two <Seven> members of the council constitute a quorum.
    5-1        (d)  The interagency advisory committee shall elect a
    5-2  chairman from its members.  The interagency advisory committee
    5-3  shall meet at the call of its chairman or at the request of the
    5-4  council.  Seven members of the committee constitute a quorum.
    5-5        SECTION 4.  Sections 8, 12, and 13, Chapter 462, Acts of the
    5-6  68th Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
    5-7  Texas Civil Statutes), are amended to read as follows:
    5-8        Sec. 8.  DUTIES.  The council shall:
    5-9              (1)  determine if a state-administered sex offender
   5-10  treatment program is necessary and identify needed services for the
   5-11  treatment and rehabilitation of sex offenders and report to the
   5-12  governor, lieutenant governor, and speaker of the house of
   5-13  representatives about the nature of the services and the funding
   5-14  necessary for the services;
   5-15              (2)  develop treatment strategies for sex offenders by
   5-16  evaluating <evaluate> in-state and out-of-state programs for sex
   5-17  offender treatment, set the registry's standards for treatment of
   5-18  sex offenders, and recommend to other licensing boards, regulatory
   5-19  boards, and the directors of current programs methods of improving
   5-20  <the> programs to meet those standards;
   5-21              (3)  collect and disseminate information to judicial
   5-22  officers, probation or parole workers, relevant state and municipal
   5-23  agencies, and the general public about available sex offender
   5-24  treatment programs;
   5-25              (4)  distribute money appropriated to the council by
    6-1  the legislature for that purpose to political subdivisions, private
    6-2  organizations, or other persons to be used for the development,
    6-3  operation, or evaluation of sex offender treatment programs;
    6-4              (5)  advise and assist agencies in coordinating
    6-5  procedures to provide treatment services that may include
    6-6  community-based programs;
    6-7              (6)  establish and maintain a registry of sex offender
    6-8  treatment providers <individuals and programs providing mental
    6-9  health and medical services for sex offenders> in accordance with
   6-10  Section 13 of this Act; <and>
   6-11              (7)  design and conduct continuing education programs
   6-12  for sex offender treatment providers; and
   6-13              (8)  develop and implement by rule registration
   6-14  requirements and procedures for treatment providers in the registry
   6-15  <apply for available funds from the federal or state government or
   6-16  other public or private sources to perform the council's duties>.
   6-17        Sec. 12.  GRANTS AND DONATIONS.  The council may apply for
   6-18  and accept on behalf of the state a grant or donation from any
   6-19  source to be used by the council to perform its duties.
   6-20        Sec. 13.  REGISTRY; COSTS.  (a)  The council shall establish
   6-21  and maintain a registry <of individuals who provide mental health
   6-22  or medical services for rehabilitation of sex offenders>.
   6-23        (b)  The council by rule shall develop procedures and
   6-24  eligibility requirements for registration in the registry,
   6-25  including those related to clinical practice experience and
    7-1  assessment, continuing education, and supervision where
    7-2  appropriate.
    7-3        (c)  The council may set <a> reasonable fees <fee for
    7-4  registration> to cover administrative and reproduction <the> costs,
    7-5  including sex offender treatment provider fees, training fees, and
    7-6  fees for publications <of administering the registry>.
    7-7        SECTION 5.  Chapter 462, Acts of the 68th Legislature,
    7-8  Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
    7-9  Statutes), is amended by adding Sections 13A, 13B, and 13C to read
   7-10  as follows:
   7-11        Sec. 13A.  FEES.  The council may set, charge, and collect
   7-12  reasonable fees for providing continuing education and other
   7-13  services to treatment providers.
   7-14        Sec. 13B.  REGISTRATION REQUIRED.  (a)  A person may not
   7-15  claim to be a sex offender treatment provider or use the title "sex
   7-16  offender treatment provider" unless the person is listed in the
   7-17  registry established by this Act.
   7-18        (b)  A person commits an offense if the person claims to be a
   7-19  sex offender treatment provider or uses a title that contains the
   7-20  words "sex offender treatment provider" and the person is not
   7-21  listed in the registry established by this Act.  An offense under
   7-22  this subsection is a Class C misdemeanor.
   7-23        Sec. 13C.  JUDICIAL REVIEW OF EXCLUSION FROM REGISTRY.  A
   7-24  person excluded from being listed in the registry established by
   7-25  this Act may appeal the decision of the council to exclude the
    8-1  person from being listed in the registry by filing a petition for
    8-2  judicial review in the manner provided by Section 19 of the
    8-3  Administrative Procedure and Texas Register Act (Article 6252-13a,
    8-4  Vernon's Texas Civil Statutes).  Judicial review under this
    8-5  subsection is subject to the substantial evidence rule.  Venue for
    8-6  the review is in a district court in Travis County.
    8-7        SECTION 6.  Section 14, Chapter 462, Acts of the 68th
    8-8  Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
    8-9  Texas Civil Statutes), is amended to read as follows:
   8-10        Sec. 14.  APPLICATION OF SUNSET ACT <ABOLITION AND
   8-11  EXPIRATION>.  The council is subject to the Texas Sunset Act
   8-12  (Chapter 325, Government Code).  Unless continued in existence as
   8-13  provided by that Act, the <The> council is abolished and this Act
   8-14  expires September 1, 1997 <1995>.  <On that date, the records and
   8-15  other property in the custody of the council are transferred to the
   8-16  State Purchasing and General Services Commission.>
   8-17        SECTION 7.  An individual or program that on the effective
   8-18  date of this Act is included in the provider registry established
   8-19  and maintained by the Interagency Council on Sex Offender Treatment
   8-20  is registered as a sex offender treatment provider under the
   8-21  provider registry of the Council on Sex Offender Treatment on the
   8-22  effective date of this Act.  The Council on Sex Offender Treatment
   8-23  shall review the status of a provider that is transferred to its
   8-24  registry under this section and may change the provider's status
   8-25  after evaluating the provider's compliance with council standards
    9-1  for inclusion in the registry.  The Council on Sex Offender
    9-2  Treatment shall give a provider proper notice and a reasonable
    9-3  opportunity to meet registry standards before changing the
    9-4  provider's status under this section.
    9-5        SECTION 8.  This Act takes effect September 1, 1993.
    9-6        SECTION 9.  The importance of this legislation and the
    9-7  crowded condition of the calendars in both houses create an
    9-8  emergency and an imperative public necessity that the
    9-9  constitutional rule requiring bills to be read on three several
   9-10  days in each house be suspended, and this rule is hereby suspended.