S.B. No. 1130
AN ACT
1-1 relating to the Interagency Council on Sex Offender Treatment;
1-2 providing a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 1 through 4, Chapter 462, Acts of the
1-5 68th 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 that is maintained by
1-11 the council and that contains the names of persons who have met the
1-12 council's criteria for the treatment of sex offenders and who
1-13 provide mental health or medical services for the rehabilitation of
1-14 sex offenders.
1-15 (3) "Rehabilitation service" means a mental health
1-16 treatment or medical intervention program designed to treat or
1-17 remedy a sex offender's mental or medical problem that may relate
1-18 or contribute to the sex offender's criminal or paraphiliac
1-19 problem.
1-20 (4) <(3)> "Sex offender" means a person who:
1-21 (A) is convicted of committing or adjudicated to
1-22 have committed a sex crime under the laws of a state or under
1-23 federal law;
2-1 (B) is awarded deferred adjudication for a sex
2-2 crime under the laws of a state or under federal law;
2-3 (C) admits to having violated the law of a state
2-4 or federal law with regard to sexual conduct <admits to committing
2-5 or has been convicted of an offense under any of the following
2-6 sections of the Penal Code:>
2-7 <(i) Section 20.04(a)(4) (Aggravated
2-8 kidnapping);>
2-9 <(ii) Section 21.07 (Public lewdness);>
2-10 <(iii) Section 21.08 (Indecent exposure);>
2-11 <(iv) Section 21.11 (Indecency with a
2-12 child);>
2-13 <(v) Section 22.011 (Sexual assault);>
2-14 <(vi) Section 22.021 (Aggravated sexual
2-15 assault);>
2-16 <(vii) Section 25.02 (Incest);>
2-17 <(viii) Section 25.06 (Solicitation of a
2-18 child); or>
2-19 <(ix) Section 43.25 (Sexual performance by
2-20 a child)>; or
2-21 (D) <(B)> experiences or evidences a paraphiliac
2-22 disorder as defined by the Revised Diagnostic and Statistical
2-23 Manual, including any subsequent revision of that manual <III>.
2-24 (5) <(4)> "Sex offender treatment <Treatment>
2-25 provider" means a person, licensed or certified to practice in this
3-1 state, who provides mental health or medical services for
3-2 rehabilitation of sex offenders, including a physician,
3-3 psychiatrist, psychologist, licensed professional counselor,
3-4 licensed marriage and family therapist, or certified social worker.
3-5 Sec. 2. Council. The <Interagency> Council on Sex Offender
3-6 Treatment is established.
3-7 Sec. 3. COUNCIL Membership; ADVISORY COMMITTEE. (a) The
3-8 council is composed of three public members each of whom meets the
3-9 council's requirements for registration as a sex offender treatment
3-10 provider. The governor shall appoint the members of the council
3-11 with the advice and consent of the 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 is composed of 11 <13> members. The executive
3-15 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>: the 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 2. 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 among its members. The committee shall meet at the
5-3 call of its chairman or at the request of the council. Seven
5-4 members of the committee constitute a quorum.
5-5 SECTION 3. Sections 8, 11, 12, and 13, Chapter 462, Acts of
5-6 the 68th Legislature, Regular Session, 1983 (Article 4413(51),
5-7 Vernon's 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 standards for treatment of sex offenders
5-18 that must be met by sex offender treatment providers to be eligible
5-19 for inclusion in the council's registry, and recommend to licensing
5-20 and regulatory boards and to the directors of current programs
5-21 methods of improving <the> programs to meet council standards;
5-22 (3) collect and disseminate information to judicial
5-23 officers, probation or parole workers, appropriate state and
5-24 municipal agencies, and the general public about available sex
5-25 offender treatment programs;
6-1 (4) distribute money appropriated to the council by
6-2 the legislature for that purpose to political subdivisions, private
6-3 organizations, or other persons to be used for the development,
6-4 operation, or evaluation of sex offender treatment programs;
6-5 (5) advise and assist agencies in coordinating
6-6 procedures to provide treatment services that may include
6-7 community-based programs;
6-8 (6) establish and maintain a registry of sex offender
6-9 treatment providers <individuals and programs providing mental
6-10 health and medical services for sex offenders> in accordance with
6-11 Section 13 of this Act; <and>
6-12 (7) design and conduct continuing education programs
6-13 for sex offender treatment providers; and
6-14 (8) develop and implement by rule registration
6-15 requirements and procedures for treatment providers in the registry
6-16 <apply for available funds from the federal or state government or
6-17 other public or private sources to perform the council's duties>.
6-18 Sec. 11. AGENCY COOPERATION. Each state agency or division
6-19 of an agency represented on the interagency advisory committee
6-20 <council> shall cooperate with the council if requested to do so by
6-21 the council.
6-22 Sec. 12. Grants and Donations. The council may apply for
6-23 and accept on behalf of the state a grant or donation from any
6-24 source to be used by the council to perform its duties.
6-25 Sec. 13. Registry. (a) The council shall establish and
7-1 maintain a registry of sex offender treatment providers
7-2 <individuals who provide mental health or medical services for
7-3 rehabilitation of sex offenders>.
7-4 (b) The council by rule shall develop procedures and
7-5 eligibility requirements for inclusion in the registry, including,
7-6 if appropriate, those related to clinical practice experience and
7-7 assessment, continuing education, and supervision <registration>.
7-8 <(c) The council may set a reasonable fee for registration
7-9 to cover the costs of administering the registry.>
7-10 SECTION 4. Chapter 462, Acts of the 68th Legislature,
7-11 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
7-12 Statutes), is amended by adding Sections 13A, 13B, and 13C to read
7-13 as follows:
7-14 Sec. 13A. FEES. The council may charge and collect
7-15 reasonable fees in an amount set to cover the council's
7-16 administrative and reproduction costs, including:
7-17 (1) sex offender treatment provider fees;
7-18 (2) training fees;
7-19 (3) publication fees; and
7-20 (4) fees for providing continuing education and other
7-21 services to treatment providers.
7-22 Sec. 13B. REGISTRATION REQUIRED; OFFENSE. (a) A person may
7-23 not claim to be a sex offender treatment provider or use the title
7-24 "sex offender treatment provider" unless the person is listed in
7-25 the registry.
8-1 (b) A person commits an offense if the person is not listed
8-2 in the registry and the person claims to be a sex offender
8-3 treatment provider or uses a title that contains the words "sex
8-4 offender treatment provider." An offense under this subsection is
8-5 a Class C misdemeanor.
8-6 Sec. 13C. JUDICIAL REVIEW OF EXCLUSION FROM REGISTRY. A
8-7 person excluded from the registry may appeal the council's decision
8-8 to exclude the person from the registry by filing a petition for
8-9 judicial review in the manner provided by Section 19,
8-10 Administrative Procedure and Texas Register Act (Article 6252-13a,
8-11 Vernon's Texas Civil Statutes).
8-12 SECTION 5. Section 14, Chapter 462, Acts of the 68th
8-13 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
8-14 Texas Civil Statutes), is amended to read as follows:
8-15 Sec. 14. APPLICATION OF SUNSET ACT <ABOLITION AND
8-16 EXPIRATION>. The council is subject to Chapter 325, Government
8-17 Code (Texas Sunset Act). Unless continued in existence as provided
8-18 by that chapter, the <The> council is abolished and this Act
8-19 expires September 1, 1997 <1995>. <On that date, the records and
8-20 other property in the custody of the council are transferred to the
8-21 State Purchasing and General Services Commission.>
8-22 SECTION 6. An individual or program that on the effective
8-23 date of this Act is included in the provider registry established
8-24 and maintained by the Interagency Council on Sex Offender Treatment
8-25 is registered as a sex offender treatment provider under the
9-1 provider registry of the Council on Sex Offender Treatment on the
9-2 effective date of this Act. The Council on Sex Offender Treatment
9-3 shall review the status of a provider that is transferred to its
9-4 registry under this section and may change the provider's status
9-5 after evaluating the provider's compliance with council standards
9-6 for inclusion in the registry. The Council on Sex Offender
9-7 Treatment shall give a provider proper notice and a reasonable
9-8 opportunity to meet registry standards before changing the
9-9 provider's status under this section.
9-10 SECTION 7. (a) The three public members of the Interagency
9-11 Council on Sex Offender Treatment who are serving on the effective
9-12 date of this Act shall serve the remainder of their terms of office
9-13 as members of the Council on Sex Offender Treatment. Terms of the
9-14 nonpublic members of the Interagency Council on Sex Offender
9-15 Treatment expire on the effective date of this Act, and on that
9-16 date those members shall begin service as members of the
9-17 interagency advisory committee created by this Act.
9-18 (b) A form, rule, registration requirement, or procedure
9-19 adopted by the Interagency Council on Sex Offender Treatment that
9-20 is in effect on the effective date of this Act remains in effect on
9-21 and after that date as if adopted by the Council on Sex Offender
9-22 Treatment until amended, repealed, withdrawn, or otherwise
9-23 superseded by the Council on Sex Offender Treatment.
9-24 (c) The Council on Sex Offender Treatment is the successor
9-25 agency to the Interagency Council on Sex Offender Treatment's
10-1 appropriations, funds, property, employees, and obligations.
10-2 SECTION 8. This Act takes effect September 1, 1993.
10-3 SECTION 9. The importance of this legislation and the
10-4 crowded condition of the calendars in both houses create an
10-5 emergency and an imperative public necessity that the
10-6 constitutional rule requiring bills to be read on three several
10-7 days in each house be suspended, and this rule is hereby suspended.