73R11182 MJW-F
          By Zaffirini                                          S.B. No. 1130
          Substitute the following for S.B. No. 1130:
          By Gray                                           C.S.S.B. No. 1130
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Interagency Council on Sex Offender Treatment;
    1-3  providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 1-4, Chapter 462, Acts of the 68th
    1-6  Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
    1-7  Texas Civil Statutes), are amended to read as follows:
    1-8        Sec. 1.  DEFINITIONS.  In this Act:
    1-9              (1)  "Council" means the <Interagency> Council on Sex
   1-10  Offender Treatment.
   1-11              (2)  "Registry" means a database that is maintained by
   1-12  the council and that contains the names of persons who have met the
   1-13  council's criteria for the treatment of sex offenders and who
   1-14  provide mental health or medical services for the rehabilitation of
   1-15  sex offenders.
   1-16              (3)  "Rehabilitation service" means a mental health
   1-17  treatment or medical intervention program designed to treat or
   1-18  remedy a sex offender's mental or medical problem that may relate
   1-19  or contribute to the sex offender's criminal or paraphiliac
   1-20  problem.
   1-21              (4) <(3)>  "Sex offender" means a person who:
   1-22                    (A)  is convicted of committing or adjudicated to
   1-23  have committed a sex crime under the laws of a state or under
   1-24  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
   2-26  state, who provides mental health or medical services for
   2-27  rehabilitation of sex offenders, including a physician,
    3-1  psychiatrist, psychologist, licensed professional counselor,
    3-2  licensed marriage and family therapist, or certified social worker.
    3-3        Sec. 2.  Council.  The <Interagency> Council on Sex Offender
    3-4  Treatment is established.
    3-5        Sec. 3.  COUNCIL Membership; ADVISORY COMMITTEE.  (a)  The
    3-6  council is composed of three public members each of whom meets the
    3-7  council's requirements for registration as a sex offender treatment
    3-8  provider.  The governor shall appoint the members of the council
    3-9  with the advice and consent of the senate.
   3-10        (b)  An interagency advisory committee may advise the council
   3-11  on administering its duties under this Act.  The interagency
   3-12  advisory committee is composed of 11 <13> members.  The executive
   3-13  head of each of the following agencies or the designated
   3-14  representative of the executive head shall serve as a <an ex
   3-15  officio> member of the interagency advisory committee
   3-16  <council>:  the institutional division of the Texas Department of
   3-17  Criminal Justice <Corrections>, pardons and paroles division of the
   3-18  Texas Department of Criminal Justice <Board of Pardons and
   3-19  Paroles>, community justice assistance division of the Texas
   3-20  Department of Criminal Justice <Texas Adult Probation Commission>,
   3-21  Texas Juvenile Probation Commission, Texas Department of Mental
   3-22  Health and Mental Retardation, Texas Youth Commission <Council>,
   3-23  Sam Houston State University, <Texas> Department of Protective and
   3-24  Regulatory <Human> Services, Texas Council of Community Mental
   3-25  Health and Mental Retardation Centers, and Texas Department of
   3-26  Health.  The director of the Criminal Justice Division of the
   3-27  Governor's Office or the designated representative of the director
    4-1  shall serve as a <an ex officio> member of the interagency advisory
    4-2  committee <council.  The governor shall appoint three public
    4-3  members to the council with the advice and consent of the senate>.
    4-4        (c) <(b)>  If the director of the Criminal Justice Division
    4-5  of the Governor's Office or an executive head of a state agency
    4-6  designates a representative as a member of the interagency advisory
    4-7  committee, the representative must be at the time of the
    4-8  designation and during the time of service on the committee
    4-9  <council> an officer or employee of the agency or division.  <The
   4-10  three members appointed by the governor must be at the time of
   4-11  appointment and during the time of service on the council
   4-12  representatives of the general public with expertise in the
   4-13  treatment of sex offenders.>
   4-14        Sec. 4.  Terms.  Members <Public members> of the council hold
   4-15  office for staggered terms of six years, with one member's term
   4-16  expiring February 1 of each odd-numbered year.
   4-17        SECTION 2.  Section 5, Chapter 462, Acts of the 68th
   4-18  Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
   4-19  Texas Civil Statutes), is amended by amending Subsection (c) and
   4-20  adding Subsection (d) to read as follows:
   4-21        (c)  Two <Seven> members of the council constitute a quorum.
   4-22        (d)  The interagency advisory committee shall elect a
   4-23  chairman from among its members.  The committee shall meet at the
   4-24  call of its chairman or at the request of the council.  Seven
   4-25  members of the committee constitute a quorum.
   4-26        SECTION 3.  Sections 8, 11, 12, and 13, Chapter 462, Acts of
   4-27  the 68th Legislature, Regular Session, 1983 (Article 4413(51),
    5-1  Vernon's Texas Civil Statutes), are amended to read as follows:
    5-2        Sec. 8.  Duties.  The council shall:
    5-3              (1)  determine if a state-administered sex offender
    5-4  treatment program is necessary and identify needed services for the
    5-5  treatment and rehabilitation of sex offenders and report to the
    5-6  governor, lieutenant governor, and speaker of the house of
    5-7  representatives about the nature of the services and the funding
    5-8  necessary for the services;
    5-9              (2)  develop treatment strategies for sex offenders by
   5-10  evaluating <evaluate> in-state and out-of-state programs for sex
   5-11  offender treatment, set standards for treatment of sex offenders
   5-12  that must be met by sex offender treatment providers to be eligible
   5-13  for inclusion in the council's registry, and recommend to licensing
   5-14  and regulatory boards and to the directors of current programs
   5-15  methods of improving <the> programs to meet council standards;
   5-16              (3)  collect and disseminate information to judicial
   5-17  officers, probation or parole workers, appropriate state and
   5-18  municipal agencies, and the general public about available sex
   5-19  offender treatment programs;
   5-20              (4)  distribute money appropriated to the council by
   5-21  the legislature for that purpose to political subdivisions, private
   5-22  organizations, or other persons to be used for the development,
   5-23  operation, or evaluation of sex offender treatment programs;
   5-24              (5)  advise and assist agencies in coordinating
   5-25  procedures to provide treatment services that may include
   5-26  community-based programs;
   5-27              (6)  establish and maintain a registry of sex offender
    6-1  treatment providers <individuals and programs providing mental
    6-2  health and medical services for sex offenders> in accordance with
    6-3  Section 13 of this Act; <and>
    6-4              (7)  design and conduct continuing education programs
    6-5  for sex offender treatment providers; and
    6-6              (8)  develop and implement by rule registration
    6-7  requirements and procedures for treatment providers in the registry
    6-8  <apply for available funds from the federal or state government or
    6-9  other public or private sources to perform the council's duties>.
   6-10        Sec. 11.  AGENCY COOPERATION.  Each state agency or division
   6-11  of an agency represented on the interagency advisory committee
   6-12  <council> shall cooperate with the council if requested to do so by
   6-13  the council.
   6-14        Sec. 12.  Grants and Donations.  The council may apply for
   6-15  and accept on behalf of the state a grant or donation from any
   6-16  source to be used by the council to perform its duties.
   6-17        Sec. 13.  Registry.  (a)  The council shall establish and
   6-18  maintain a registry of sex offender treatment providers
   6-19  <individuals who provide mental health or medical services for
   6-20  rehabilitation of sex offenders>.
   6-21        (b)  The council by rule shall develop procedures and
   6-22  eligibility requirements for inclusion in the registry, including,
   6-23  if appropriate, those related to clinical practice experience and
   6-24  assessment, continuing education, and supervision <registration>.
   6-25        <(c)  The council may set a reasonable fee for registration
   6-26  to cover the costs of administering the registry.>
   6-27        SECTION 4.  Chapter 462, Acts of the 68th Legislature,
    7-1  Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
    7-2  Statutes), is amended by adding Sections 13A, 13B, and 13C to read
    7-3  as follows:
    7-4        Sec. 13A.  FEES.  The council may charge and collect
    7-5  reasonable fees in an amount set to cover the council's
    7-6  administrative and reproduction costs, including:
    7-7              (1)  sex offender treatment provider fees;
    7-8              (2)  training fees;
    7-9              (3)  publication fees; and
   7-10              (4)  fees for providing continuing education and other
   7-11  services to treatment providers.
   7-12        Sec. 13B.  REGISTRATION REQUIRED; OFFENSE.  (a)  A person may
   7-13  not claim to be a sex offender treatment provider or use the title
   7-14  "sex offender treatment provider" unless the person is listed in
   7-15  the registry.
   7-16        (b)  A person commits an offense if the person is not listed
   7-17  in the registry and the person claims to be a sex offender
   7-18  treatment provider or uses a title that contains the words "sex
   7-19  offender treatment provider."  An offense under this subsection is
   7-20  a Class C misdemeanor.
   7-21        Sec. 13C.  JUDICIAL REVIEW OF EXCLUSION FROM REGISTRY.  A
   7-22  person excluded from the registry may appeal the council's decision
   7-23  to exclude the person from the registry by filing a petition for
   7-24  judicial review in the manner provided by Section 19,
   7-25  Administrative Procedure and Texas Register Act (Article 6252-13a,
   7-26  Vernon's Texas Civil Statutes).
   7-27        SECTION 5.  Section 14, Chapter 462, Acts of the 68th
    8-1  Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
    8-2  Texas Civil Statutes), is amended to read as follows:
    8-3        Sec. 14.  APPLICATION OF SUNSET ACT <ABOLITION AND
    8-4  EXPIRATION>.  The council is subject to Chapter 325, Government
    8-5  Code (Texas Sunset Act).  Unless continued in existence as provided
    8-6  by that chapter, the <The> council is abolished and this Act
    8-7  expires September 1, 1997 <1995>.  <On that date, the records and
    8-8  other property in the custody of the council are transferred to the
    8-9  State Purchasing and General Services Commission.>
   8-10        SECTION 6.  An individual or program that on the effective
   8-11  date of this Act is included in the provider registry established
   8-12  and maintained by the Interagency Council on Sex Offender Treatment
   8-13  is registered as a sex offender treatment provider under the
   8-14  provider registry of the Council on Sex Offender Treatment on the
   8-15  effective date of this Act.  The Council on Sex Offender Treatment
   8-16  shall review the status of a provider that is transferred to its
   8-17  registry under this section and may change the provider's status
   8-18  after evaluating the provider's compliance with council standards
   8-19  for inclusion in the registry.  The council shall give a provider
   8-20  proper notice and a reasonable opportunity to meet registry
   8-21  standards before changing the provider's status under this section.
   8-22        SECTION 7.  (a)  The three public members of the Interagency
   8-23  Council on Sex Offender Treatment who are serving on the effective
   8-24  date of this Act shall serve the remainder of their terms of office
   8-25  as members of the Council on Sex Offender Treatment.  Terms of the
   8-26  nonpublic members of the Interagency Council on Sex Offender
   8-27  Treatment expire on the effective date of this Act, and on that
    9-1  date those members shall begin service as members of the
    9-2  interagency advisory committee created by this Act.
    9-3        (b)  A form, rule, registration requirement, or procedure
    9-4  adopted by the Interagency Council on Sex Offender Treatment that
    9-5  is in effect on the effective date of this Act remains in effect on
    9-6  and after that date as if adopted by the Council on Sex Offender
    9-7  Treatment until amended, repealed, withdrawn, or otherwise
    9-8  superseded by the Council on Sex Offender Treatment.
    9-9        (c)  The Council on Sex Offender Treatment is the successor
   9-10  agency to the Interagency Council on Sex Offender Treatment's
   9-11  appropriations, funds, property, employees, and obligations.
   9-12        SECTION 8.  This Act takes effect September 1, 1993.
   9-13        SECTION 9.  The importance of this legislation and the
   9-14  crowded condition of the calendars in both houses create an
   9-15  emergency and an imperative public necessity that the
   9-16  constitutional rule requiring bills to be read on three several
   9-17  days in each house be suspended, and this rule is hereby suspended.