1-1 By: Zaffirini S.B. No. 1130
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 13, 1993, rereferred to Committee on Health and Human
1-5 Services; April 27, 1993, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-7 April 27, 1993, sent to printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Zaffirini x
1-11 Ellis x
1-12 Madla x
1-13 Moncrief x
1-14 Nelson x
1-15 Patterson x
1-16 Shelley x
1-17 Truan x
1-18 Wentworth x
1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 1130 By: Zaffirini
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the Interagency Council on Sex Offender Treatment;
1-23 creating an offense and providing a penalty.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Sections 1 and 2, Chapter 462, Acts of the 68th
1-26 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
1-27 Texas Civil Statutes), are amended to read as follows:
1-28 Sec. 1. Definitions. In this Act:
1-29 (1) "Council" means the <Interagency> Council on Sex
1-30 Offender Treatment.
1-31 (2) "Registry" means a database maintained by the
1-32 council of persons who have met the council's criteria for the
1-33 treatment of sex offenders and who provide mental health or medical
1-34 services for the rehabilitation of sex offenders.
1-35 (3) "Rehabilitation service" means a mental health
1-36 treatment or medical intervention program designed to treat or
1-37 remedy a sex offender's mental or medical problem that may relate
1-38 or contribute to the sex offender's criminal or paraphiliac
1-39 problem.
1-40 (4) <(3)> "Sex offender" means a person who:
1-41 (A) is convicted of committing or adjudicated to
1-42 have committed a sex crime under the laws in the state of original
1-43 jurisdiction or under federal law, is awarded deferred adjudication
1-44 for a sex crime under any state or federal law, or admits to having
1-45 violated state or federal statutes with regard to sexual conduct
1-46 <committing or has been convicted of an offense under any of the
1-47 following sections of the Penal Code:>
1-48 <(i) Section 20.04(a)(4) (Aggravated
1-49 kidnapping);>
1-50 <(ii) Section 21.07 (Public lewdness);>
1-51 <(iii) Section 21.08 (Indecent exposure);>
1-52 <(iv) Section 21.11 (Indecency with a
1-53 child);>
1-54 <(v) Section 22.011 (Sexual assault);>
1-55 <(vi) Section 22.021 (Aggravated sexual
1-56 assault);>
1-57 <(vii) Section 25.02 (Incest);>
1-58 <(viii) Section 25.06 (Solicitation of a
1-59 child); or>
1-60 <(ix) Section 43.25 (Sexual performance by
1-61 a child)>; or
1-62 (B) experiences or evidences a paraphiliac
1-63 disorder as defined by the current Revised Diagnostic and
1-64 Statistical Manual <III>.
1-65 (5) <(4)> "Sex offender treatment <Treatment>
1-66 provider" means a person, licensed or certified to practice in this
1-67 state, who provides mental health or medical services for
1-68 rehabilitation of sex offenders, including a physician,
2-1 psychiatrist, psychologist, licensed professional counselor,
2-2 licensed marriage and family therapist, or certified social worker.
2-3 Sec. 2. Council. The <Interagency> Council on Sex Offender
2-4 Treatment is established.
2-5 SECTION 2. Sections 3 and 4, Chapter 462, Acts of the 68th
2-6 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
2-7 Texas Civil Statutes), are amended to read as follows:
2-8 Sec. 3. COUNCIL Membership; ADVISORY COMMITTEE. (a) The
2-9 council is composed of three public members who meet the council's
2-10 requirements for registration as a sex offender treatment provider,
2-11 appointed by the governor with the advice and consent of the
2-12 senate.
2-13 (b) An interagency advisory committee may advise the council
2-14 on administering its duties under this Act. The interagency
2-15 advisory committee <council> is composed of 11 <13> members. The
2-16 executive head of each of the following agencies or the designated
2-17 representative of the executive head shall serve as a <an ex
2-18 officio> member of the interagency advisory committee
2-19 <council>: institutional division of the Texas Department of
2-20 Criminal Justice <Corrections>, pardons and paroles division of the
2-21 Texas Department of Criminal Justice <Board of Pardons and
2-22 Paroles>, community justice assistance division of the Texas
2-23 Department of Criminal Justice <Texas Adult Probation Commission>,
2-24 Texas Juvenile Probation Commission, Texas Department of Mental
2-25 Health and Mental Retardation, Texas Youth Commission <Council>,
2-26 Sam Houston State University, <Texas> Department of Protective and
2-27 Regulatory <Human> Services, Texas Council of Community Mental
2-28 Health and Mental Retardation Centers, and Texas Department of
2-29 Health. The director of the Criminal Justice Division of the
2-30 Governor's Office or the designated representative of the director
2-31 shall serve as a <an ex officio> member of the interagency advisory
2-32 committee <council>. <The governor shall appoint three public
2-33 members to the council with the advice and consent of the senate.>
2-34 (c) <(b)> If the director of the Criminal Justice Division
2-35 of the Governor's Office or an executive head of a state agency
2-36 designates a representative as a member of the interagency advisory
2-37 committee, the representative must be at the time of the
2-38 designation and during the time of service on the committee
2-39 <council> an officer or employee of the agency or division. <The
2-40 three members appointed by the governor must be at the time of
2-41 appointment and during the time of service on the council
2-42 representatives of the general public with expertise in the
2-43 treatment of sex offenders.>
2-44 Sec. 4. TERMS. Members <Public members> of the council hold
2-45 office for staggered terms of six years, with one member's term
2-46 expiring February 1 of each odd-numbered year.
2-47 SECTION 3. Section 5, Chapter 462, Acts of the 68th
2-48 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
2-49 Texas Civil Statutes), is amended by amending Subsection (c) and
2-50 adding Subsection (d) to read as follows:
2-51 (c) Two <Seven> members of the council constitute a quorum.
2-52 (d) The interagency advisory committee shall elect a
2-53 chairman from its members. The interagency advisory committee
2-54 shall meet at the call of its chairman or at the request of the
2-55 council. Seven members of the committee constitute a quorum.
2-56 SECTION 4. Sections 8, 12, and 13, Chapter 462, Acts of the
2-57 68th Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
2-58 Texas Civil Statutes), are amended to read as follows:
2-59 Sec. 8. DUTIES. The council shall:
2-60 (1) determine if a state-administered sex offender
2-61 treatment program is necessary and identify needed services for the
2-62 treatment and rehabilitation of sex offenders and report to the
2-63 governor, lieutenant governor, and speaker of the house of
2-64 representatives about the nature of the services and the funding
2-65 necessary for the services;
2-66 (2) develop treatment strategies for sex offenders by
2-67 evaluating <evaluate> in-state and out-of-state programs for sex
2-68 offender treatment, set the registry's standards for treatment of
2-69 sex offenders, and recommend to other licensing boards, regulatory
2-70 boards, and the directors of current programs methods of improving
3-1 <the> programs to meet those standards;
3-2 (3) collect and disseminate information to judicial
3-3 officers, probation or parole workers, relevant state and municipal
3-4 agencies, and the general public about available sex offender
3-5 treatment programs;
3-6 (4) distribute money appropriated to the council by
3-7 the legislature for that purpose to political subdivisions, private
3-8 organizations, or other persons to be used for the development,
3-9 operation, or evaluation of sex offender treatment programs;
3-10 (5) advise and assist agencies in coordinating
3-11 procedures to provide treatment services that may include
3-12 community-based programs;
3-13 (6) establish and maintain a registry of sex offender
3-14 treatment providers <individuals and programs providing mental
3-15 health and medical services for sex offenders> in accordance with
3-16 Section 13 of this Act; <and>
3-17 (7) design and conduct continuing education programs
3-18 for sex offender treatment providers; and
3-19 (8) develop and implement by rule registration
3-20 requirements and procedures for treatment providers in the registry
3-21 <apply for available funds from the federal or state government or
3-22 other public or private sources to perform the council's duties>.
3-23 Sec. 12. GRANTS AND DONATIONS. The council may apply for
3-24 and accept on behalf of the state a grant or donation from any
3-25 source to be used by the council to perform its duties.
3-26 Sec. 13. REGISTRY; COSTS. (a) The council shall establish
3-27 and maintain a registry <of individuals who provide mental health
3-28 or medical services for rehabilitation of sex offenders>.
3-29 (b) The council by rule shall develop procedures and
3-30 eligibility requirements for registration in the registry,
3-31 including those related to clinical practice experience and
3-32 assessment, continuing education, and supervision where
3-33 appropriate.
3-34 (c) The council may set <a> reasonable fees <fee for
3-35 registration> to cover administrative and reproduction <the> costs,
3-36 including sex offender treatment provider fees, training fees, and
3-37 fees for publications <of administering the registry>.
3-38 SECTION 5. Chapter 462, Acts of the 68th Legislature,
3-39 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
3-40 Statutes), is amended by adding Sections 13A, 13B, and 13C to read
3-41 as follows:
3-42 Sec. 13A. FEES. The council may set, charge, and collect
3-43 reasonable fees for providing continuing education and other
3-44 services to treatment providers.
3-45 Sec. 13B. REGISTRATION REQUIRED. (a) A person may not
3-46 claim to be a sex offender treatment provider or use the title "sex
3-47 offender treatment provider" unless the person is listed in the
3-48 registry established by this Act.
3-49 (b) A person commits an offense if the person claims to be a
3-50 sex offender treatment provider or uses a title that contains the
3-51 words "sex offender treatment provider" and the person is not
3-52 listed in the registry established by this Act. An offense under
3-53 this subsection is a Class C misdemeanor.
3-54 Sec. 13C. JUDICIAL REVIEW OF EXCLUSION FROM REGISTRY. A
3-55 person excluded from being listed in the registry established by
3-56 this Act may appeal the decision of the council to exclude the
3-57 person from being listed in the registry by filing a petition for
3-58 judicial review in the manner provided by Section 19 of the
3-59 Administrative Procedure and Texas Register Act (Article 6252-13a,
3-60 Vernon's Texas Civil Statutes). Judicial review under this
3-61 subsection is subject to the substantial evidence rule. Venue for
3-62 the review is in a district court in Travis County.
3-63 SECTION 6. Section 14, Chapter 462, Acts of the 68th
3-64 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
3-65 Texas Civil Statutes), is amended to read as follows:
3-66 Sec. 14. APPLICATION OF SUNSET ACT <ABOLITION AND
3-67 EXPIRATION>. The council is subject to the Texas Sunset Act
3-68 (Chapter 325, Government Code). Unless continued in existence as
3-69 provided by that Act, the <The> council is abolished and this Act
3-70 expires September 1, 1997 <1995>. <On that date, the records and
4-1 other property in the custody of the council are transferred to the
4-2 State Purchasing and General Services Commission.>
4-3 SECTION 7. An individual or program that on the effective
4-4 date of this Act is included in the provider registry established
4-5 and maintained by the Interagency Council on Sex Offender Treatment
4-6 is registered as a sex offender treatment provider under the
4-7 provider registry of the Council on Sex Offender Treatment on the
4-8 effective date of this Act. The Council on Sex Offender Treatment
4-9 shall review the status of a provider that is transferred to its
4-10 registry under this section and may change the provider's status
4-11 after evaluating the provider's compliance with council standards
4-12 for inclusion in the registry. The Council on Sex Offender
4-13 Treatment shall give a provider proper notice and a reasonable
4-14 opportunity to meet registry standards before changing the
4-15 provider's status under this section.
4-16 SECTION 8. This Act takes effect September 1, 1993.
4-17 SECTION 9. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.
4-22 * * * * *
4-23 Austin,
4-24 Texas
4-25 April 27, 1993
4-26 Hon. Bob Bullock
4-27 President of the Senate
4-28 Sir:
4-29 We, your Committee on Health and Human Services to which was
4-30 referred S.B. No. 1130, have had the same under consideration, and
4-31 I am instructed to report it back to the Senate with the
4-32 recommendation that it do not pass, but that the Committee
4-33 Substitute adopted in lieu thereof do pass and be printed.
4-34 Moncrief,
4-35 Acting Chair
4-36 * * * * *
4-37 WITNESSES
4-38 FOR AGAINST ON
4-39 ___________________________________________________________________
4-40 Name: John W. Holtermann x
4-41 Representing: Tx Silver Haired Legislature
4-42 City: San Marcos
4-43 -------------------------------------------------------------------
4-44 Name: Ron Burks x
4-45 Representing: Behavior Monitoring Services
4-46 City: Wichita Falls
4-47 -------------------------------------------------------------------
4-48 Name: Michael F. Barton x
4-49 Representing: Barton & Associates
4-50 City: Pflugerville
4-51 -------------------------------------------------------------------
4-52 Name: Charles McMurrey III x
4-53 Representing: Brazoria County Community Sup
4-54 City: Angleton
4-55 -------------------------------------------------------------------
4-56 Name: Phill Parmer x
4-57 Representing: Tx Silver Haired Legislature
4-58 City: Sun Rise
4-59 -------------------------------------------------------------------
4-60 Name: Eliza May x
4-61 Representing: Interagency Council on Sex Of
4-62 City: Austin
4-63 -------------------------------------------------------------------
4-64 Name: Pam Rodgers x
4-65 Representing: Interagency Council on Sex Of
4-66 City: Austin
4-67 -------------------------------------------------------------------
4-68 FOR AGAINST ON
4-69 ___________________________________________________________________
4-70 Name: Vivian Lews Heine x
5-1 Representing: Tx Assn for Sex Offender Trea
5-2 City: Austin
5-3 -------------------------------------------------------------------
5-4 Name: Cecelia McKenzie x x
5-5 Representing: Tx Department of Health
5-6 City: Austin
5-7 -------------------------------------------------------------------