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  -------------------------------------------------------------------