By: Zaffirini S.B. No. 1130
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Council on Sex Offender Treatment; creating an
1-2 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 Revised Diagnostic and Statistical
2-20 Manual III.
2-21 (5) <(4)> "Treatment provider" means a person,
2-22 licensed or certified to practice in this state, who provides
2-23 mental health or medical services for rehabilitation of sex
2-24 offenders, including a physician, psychiatrist, psychologist,
2-25 licensed professional counselor, licensed professional therapist,
3-1 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.
3-8 (a) The council is composed of three members from the
3-9 general public with expertise in the treatment of sex offenders
3-10 appointed by the governor with the advice and consent of the
3-11 senate.
3-12 (b) An interagency advisory committee shall on request
3-13 assist the council in administering its duties under this Act. The
3-14 interagency advisory committee <council> is composed of 12 <13>
3-15 members. The executive head of each of the following agencies or
3-16 the designated representative of the executive head shall serve as
3-17 a <an ex 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 Council on Family Violence, Texas Juvenile Probation
3-24 Commission, Texas Department of Mental Health and Mental
3-25 Retardation, Texas Youth Commission <Council>, Sam Houston State
4-1 University, <Texas> Department of Protective and Regulatory <Human>
4-2 Services, Texas Council of Community Mental Health and Mental
4-3 Retardation Centers, and Texas Department of Health. The director
4-4 of the Criminal Justice Division of the Governor's Office or the
4-5 designated representative of the director shall serve as a <an ex
4-6 officio> member of the interagency advisory committee <council>.
4-7 <The governor shall appoint three public members to the council
4-8 with the advice and consent of the senate.>
4-9 (c) <(b)> If the director of the Criminal Justice Division
4-10 of the Governor's Office or an executive head of a state agency
4-11 designates a representative as a member of the interagency advisory
4-12 committee, the representative must be at the time of the
4-13 designation and during the time of service on the committee
4-14 <council> an officer or employee of the agency or division. <The
4-15 three members appointed by the governor must be at the time of
4-16 appointment and during the time of service on the council
4-17 representatives of the general public with expertise in the
4-18 treatment of sex offenders.>
4-19 Sec. 4. TERMS. Members <Public members> of the council hold
4-20 office for staggered terms of six years, with one member's term
4-21 expiring February 1 of each odd-numbered year.
4-22 SECTION 3. Subsection (c), Section 5, Chapter 462, Acts of
4-23 the 68th Legislature, Regular Session, 1983 (Article 4413(51),
4-24 Vernon's Texas Civil Statutes), is amended to read as follows:
4-25 (c) Two <Seven> members constitute a quorum.
5-1 SECTION 4. Sections 6, 8, 12, and 13, Chapter 462, Acts of
5-2 the 68th Legislature, Regular Session, 1983 (Article 4413 (51),
5-3 Vernon's Texas Civil Statutes), are amended to read as follows:
5-4 Sec. 6. EXPENSES. A member of the council may not receive
5-5 compensation for performing the duties of the council. A member is
5-6 entitled to reimbursement for travel and other necessary expenses
5-7 incurred in performing official duties, at the same rate provided
5-8 for state employees in the general appropriations act. The
5-9 reimbursement shall be made from fees imposed under Sections 13 and
5-10 13A of this Act.
5-11 Sec. 8. DUTIES. The council shall:
5-12 (1) determine if a state-administered sex offender
5-13 treatment program is necessary and identify needed services for the
5-14 treatment and rehabilitation of sex offenders and report to the
5-15 governor, lieutenant governor, and speaker of the house of
5-16 representatives about the nature of the services and the funding
5-17 necessary for the services;
5-18 (2) develop treatment strategies for sex offenders by
5-19 evaluating <evaluate> in-state and out-of-state programs for sex
5-20 offender treatment, set the registry's standards for treatment of
5-21 sex offenders, and recommend to other licensing boards, regulatory
5-22 boards, and the directors of current programs methods of improving
5-23 <the> programs to meet those standards;
5-24 (3) collect and disseminate information to judicial
5-25 officers, probation or parole workers, state agencies, municipal
6-1 agencies, and the general public about available sex offender
6-2 treatment programs;
6-3 (4) distribute money appropriated to the council by
6-4 the legislature for that purpose to political subdivisions, private
6-5 organizations, or other persons to be used for the development,
6-6 operation, or evaluation of sex offender treatment programs;
6-7 (5) advise and assist agencies in coordinating
6-8 procedures to provide treatment services that may include
6-9 community-based programs;
6-10 (6) establish and maintain a registry of sex offender
6-11 treatment providers <individuals and programs providing mental
6-12 health and medical services for sex offenders> in accordance with
6-13 Section 13 of this Act; <and>
6-14 (7) design and conduct continuing education programs
6-15 for sex offender treatment providers; and
6-16 (8) develop and implement registration requirements
6-17 and procedures for treatment providers in the registry <apply for
6-18 available funds from the federal or state government or other
6-19 public or private sources to perform the council's duties>.
6-20 Sec. 12. GRANTS AND DONATIONS. The council may apply for
6-21 and accept on behalf of the state a grant or donation from any
6-22 source to be used by the council to perform its duties.
6-23 Sec. 13. REGISTRY; COSTS. (a) The council shall establish
6-24 and maintain a registry <of individuals who provide mental health
6-25 or medical services for rehabilitation of sex offenders>.
7-1 (b) The council by rule shall develop procedures and
7-2 eligibility requirements for being listed in the registry,
7-3 including those related to clinical practice experience and
7-4 assessment, continuing education, and supervision where appropriate
7-5 <registration>.
7-6 (c) The council may set <a> reasonable fees <fee for
7-7 registration> to cover administrative and reproduction <the> costs,
7-8 including sex offender treatment provider fees, training fees, and
7-9 fees for publications <of administering the registry>.
7-10 SECTION 5. 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 set, charge, and collect
7-15 reasonable fees for providing continuing education and other
7-16 services to treatment providers.
7-17 Sec. 13B. REGISTRATION REQUIRED. (a) A person may not
7-18 claim to be a sex offender treatment provider or use the title "sex
7-19 offender treatment provider" unless the person is listed in the
7-20 registry established by this Act.
7-21 (b) A person commits an offense if the person claims to be a
7-22 sex offender treatment provider or uses a title that contains the
7-23 words "sex offender treatment provider" and the person is not
7-24 listed in the registry established by this Act. An offense under
7-25 this subsection is a Class C misdemeanor.
8-1 Sec. 13C. JUDICIAL REVIEW OF EXCLUSION FROM REGISTRY. A
8-2 person excluded from being listed in the registry established by
8-3 this Act may appeal the decision of the council to exclude the
8-4 person from being listed in the registry by filing a petition for
8-5 judicial review in the manner provided by Section 19 of the
8-6 Administrative Procedure and Texas Register Act (Article 6252-13a,
8-7 Vernon's Texas Civil Statutes). Judicial review under this
8-8 subsection is subject to the substantial evidence rule. Venue for
8-9 the review is in a district court in Travis County.
8-10 SECTION 6. Section 14, Chapter 462, Acts of the 68th
8-11 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
8-12 Texas Civil Statutes), is amended to read as follows:
8-13 Sec. 14. APPLICATION OF SUNSET ACT <ABOLITION AND
8-14 EXPIRATION>. The council is subject to the Texas Sunset Act
8-15 (Chapter 325, Government Code). Unless continued in existence as
8-16 provided by that Act, the <The> council is abolished and this Act
8-17 expires September 1, 2005 <1995>. <On that date, the records and
8-18 other property in the custody of the council are transferred to the
8-19 State Purchasing and General Services Commission.>
8-20 SECTION 7. This Act takes effect September 1, 1993.
8-21 SECTION 8. The importance of this legislation and the
8-22 crowded condition of the calendars in both houses create an
8-23 emergency and an imperative public necessity that the
8-24 constitutional rule requiring bills to be read on three several
8-25 days in each house be suspended, and this rule is hereby suspended.