By McDonald H.B. No. 1409
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to children and family issues, including education and
1-3 health and human services and juvenile justice issues; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE I. LOCAL AND STATE PARTNERSHIP FOR
1-7 DELIVERY OF SERVICES TO MINORS
1-8 SECTION 1.01. Subtitle B, Title 3, Human Resources Code, is
1-9 amended by adding Chapter 72 to read as follows:
1-10 CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY
1-11 OF SERVICES TO CHILDREN AND FAMILIES
1-12 SUBCHAPTER A. GENERAL PROVISIONS
1-13 Sec. 72.001. PURPOSE. The purpose of this chapter is to
1-14 ensure that all children in Texas will:
1-15 (1) live in stable, nurturing, and supportive
1-16 families;
1-17 (2) be physically and mentally healthy;
1-18 (3) enter school able to learn to their full
1-19 potential;
1-20 (4) be successful in school; and
1-21 (5) develop into productive and law-abiding citizens.
1-22 Sec. 72.002. DEFINITIONS. In this chapter:
1-23 (1) "Child" means a person younger than 19 years of
2-1 age.
2-2 (2) "Committee" means the Texas Child and Family
2-3 Legislative Oversight Committee.
2-4 (3) "Local commission" means a local child and family
2-5 commission created under Subchapter C.
2-6 (Section 72.003 to 72.020 reserved for expansion
2-7 SUBCHAPTER B. STATE PARTICIPATION IN THE PARTNERSHIP FOR
2-8 SERVICES TO CHILDREN AND FAMILIES
2-9 Sec. 72.021. DESIGNATED STATE AGENCY. (a) The Health and
2-10 Human Services Commission is the state agency responsible for
2-11 providing leadership in accomplishing the purposes of this chapter
2-12 and ensuring that the objectives prescribed by Section 72.022(e)
2-13 are realized.
2-14 (b) The Health and Human Services Commission may require the
2-15 health and human services, education, and juvenile justice agencies
2-16 listed in Section 72.022(a) to provide staff and other
2-17 administrative support as necessary to assist the commission in
2-18 discharging its responsibilities under this section.
2-19 Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) The
2-20 commissioners or executive directors of the following state
2-21 agencies, in cooperation with the commissioner of health and human
2-22 services, shall ensure that the agencies under their direction
2-23 adopt and implement all policies and procedures necessary to
2-24 accomplish the objectives set forth in Subsection (e):
2-25 (1) the Central Education Agency;
3-1 (2) the Health and Human Services Commission;
3-2 (3) the Department of Protective and Regulatory
3-3 Services;
3-4 (4) the Interagency Council on Early Childhood
3-5 Intervention Services;
3-6 (5) the Texas Commission on Alcohol and Drug Abuse;
3-7 (6) the Texas Commission for the Blind;
3-8 (7) the Texas Department of Health;
3-9 (8) the Texas Department of Human Services;
3-10 (9) the Texas Department of Mental Health and Mental
3-11 Retardation;
3-12 (10) the Texas Juvenile Probation Commission;
3-13 (11) the Texas Youth Commission;
3-14 (12) the Texas Employment Commission; and
3-15 (13) the Children's Trust Fund of Texas Council.
3-16 (b) The executive head of each agency listed in this section
3-17 shall designate an employee of the agency to represent the agency
3-18 under the direction of the agency head and carry out the duties
3-19 prescribed in this chapter.
3-20 (c) Each of the agencies listed in this section is
3-21 responsible for the expenses of that agency's representative. An
3-22 agency representative receives no additional compensation for
3-23 representing the agency in carrying out the duties prescribed in
3-24 this chapter.
3-25 (d) The commissioner of health and human services and the
4-1 commissioner of education shall regularly meet with the agency
4-2 representatives to carry out the purposes of this chapter. The
4-3 commissioner of health and human services may call additional
4-4 meetings as required.
4-5 (e) Each of the agencies listed in this section shall
4-6 collaborate to accomplish the following objectives under the
4-7 direction of the commissioner of health and human services:
4-8 (1) establishing a system to encourage and support the
4-9 development of local child and family commissions throughout the
4-10 state that includes the elimination of administrative or regulatory
4-11 barriers and the provision of adequate technical assistance to
4-12 those commissions;
4-13 (2) developing a blueprint for children that
4-14 establishes goals for children, that includes short-range and
4-15 long-range strategies treating education, health and human
4-16 services, and juvenile justice issues, and that accomplishes the
4-17 purpose prescribed by Section 72.001;
4-18 (3) defining common, cross-agency outcome measures and
4-19 a system of evaluation to measure the effects of agency programs
4-20 for children and families;
4-21 (4) initiating strategies for refinancing children's
4-22 services administered by state agencies to ensure the most
4-23 effective use of federal, state, and local funds;
4-24 (5) reporting quarterly to the committee on progress
4-25 in meeting these objectives and coordinating efforts with the
5-1 committee in issuing a biennial report to the legislature and the
5-2 governor; and
5-3 (6) responding to other issues after considering
5-4 committee recommendations.
5-5 (f) The strategic plan, budget, and performance measures of
5-6 each of the agencies listed in this section shall reflect the joint
5-7 responsibilities listed in Subsection (e).
5-8 (Sections 72.023 to 72.030 reserved for expansion
5-9 SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
5-10 Sec. 72.031. CERTIFICATION OF LOCAL CHILD AND FAMILY
5-11 COMMISSIONS. (a) The Health and Human Services Commission shall
5-12 annually issue a request for proposal for new local child and
5-13 family commissions. A commissioners court, governing body of a
5-14 municipality, council of governments, regional planning body or
5-15 similar entity, or a charitable organization that solicits
5-16 contributions for health and human services may submit a proposal.
5-17 Only one proposal per county will be accepted.
5-18 (b) At a minimum, a proposal submitted under this section
5-19 must:
5-20 (1) provide evidence that the applicant has consulted
5-21 with local governments and other public entities, nonprofit
5-22 organizations, voluntary associations, representatives of
5-23 low-income persons, and other groups involved in providing health
5-24 and human services or funding for such services; and
5-25 (2) name the individuals to serve as the founding
6-1 members of the proposed local child and family commission.
6-2 (c) The Health and Human Services Commission shall adopt
6-3 rules governing the certification and operation of local
6-4 commissions.
6-5 (d) A local commission may serve one or more counties. A
6-6 county may not be served by more than one local commission.
6-7 (e) The Health and Human Services Commission shall certify a
6-8 local commission after receiving a proposal which conforms to the
6-9 rules adopted by the commission. A local commission is established
6-10 on certification by the Health and Human Services Commission.
6-11 Sec. 72.032. MEMBERSHIP OF LOCAL CHILD AND FAMILY
6-12 COMMISSIONS. (a) At a minimum, a local commission shall include:
6-13 (1) a member of the governing body of the most
6-14 populous city or town located within the county and a member of the
6-15 governing body of one other city or town located within the county;
6-16 (2) a county commissioner;
6-17 (3) a school superintendent from a district within the
6-18 county;
6-19 (4) a representative chosen by the juvenile board;
6-20 (5) the executive director or the executive director's
6-21 designee of the local mental health authority;
6-22 (6) a child protective services administrator
6-23 designated by the regional office of the Department of Protective
6-24 and Regulatory Services;
6-25 (7) the regional administrator of the Texas Department
7-1 of Health or the administrator's designee;
7-2 (8) one or more parents;
7-3 (9) a representative of a charitable organization that
7-4 solicits contributions for health and human services;
7-5 (10) at least two representatives of civic, religious,
7-6 or community-based organizations; and
7-7 (11) a person eligible for child and family services.
7-8 (b) Representatives of agencies or organizations which
7-9 provide services may not comprise a majority of the total
7-10 membership of a local commission.
7-11 (c) An applicant for certification under Section 72.031
7-12 shall attempt to ensure participation on local commissions by women
7-13 and minorities, including African Americans, Hispanic Americans,
7-14 Native Americans, and Asian Americans.
7-15 (d) The Health and Human Services Commission may adopt rules
7-16 specifying additional members necessary to qualify for federal
7-17 funds. The commission may also adopt rules modifying the
7-18 membership requirements for local commissions established jointly
7-19 by two or more counties.
7-20 Sec. 72.033. ADMINISTRATION OF LOCAL COMMISSIONS. (a) The
7-21 members of a local commission shall serve staggered two-year terms
7-22 with one-half of the members' terms expiring February 1 of each
7-23 year. The initial members shall choose one-year or two-year terms
7-24 by lot. The members shall elect new members before the outgoing
7-25 members leave office.
8-1 (b) Members of a local commission serve without
8-2 compensation, but all members may be reimbursed, as funds are
8-3 available, from the local commission for actual expenses incurred
8-4 in the performance of official duties. Those expenses must be
8-5 reported in the local commission's records and must be approved by
8-6 the commission.
8-7 (c) A concurrence of a majority of the members of a local
8-8 commission is necessary in matters relating to the business of the
8-9 commission.
8-10 (d) A local commission may contract with a public agency,
8-11 private vendor, or with individuals to assist in the administration
8-12 or management of a commission and to furnish the staff, facilities,
8-13 and equipment the local commission considers necessary for its
8-14 effective operation. A local commission is authorized to do all
8-15 things it deems proper for the successful operation thereof,
8-16 including contracting for services necessary for the proper
8-17 administration of its funds, and is authorized to pay for all
8-18 operating expenses by warrants drawn on proper funds available for
8-19 such purposes.
8-20 Sec. 72.034. FUNDS, GRANTS, GIFTS. A local commission may
8-21 accept funds, including grants and gifts, from any source for the
8-22 purpose of financing programs and facilities. A municipality,
8-23 county, or other political subdivision may make grants to a
8-24 department for those purposes.
8-25 Sec. 72.035. POWERS, DUTIES, AND RESPONSIBILITIES OF LOCAL
9-1 COMMISSIONS. (a) A local commission shall:
9-2 (1) assess the need for child and family services and
9-3 available resources in the community served by the local
9-4 commission;
9-5 (2) monitor the effectiveness and efficiency with
9-6 which public and private organizations that receive public money
9-7 deliver child and family services;
9-8 (3) develop and submit to the Health and Human
9-9 Services Commission local strategic plans for services for children
9-10 and families related to the purpose prescribed by Section 72.001,
9-11 including local budgetary priorities and proposals for alternative
9-12 delivery systems;
9-13 (4) mobilize public, business, and voluntary agency
9-14 partnerships and promote the use of individual volunteers;
9-15 (5) foster the development of new services to meet
9-16 family needs more effectively, including services aimed at
9-17 preventing child abuse and neglect, poverty, malnutrition, failure
9-18 in school, juvenile delinquency, and other social ills;
9-19 (6) assure fiscal efficiency by maximizing the use of
9-20 local, state, and federal funds as appropriate; and
9-21 (7) ensure, through appropriate outcome measures,
9-22 accountability in the delivery of child and family services.
9-23 (b) Unless specifically approved by the Health and Human
9-24 Services Commission, a local commission may not directly deliver
9-25 child and family services. The Health and Human Services
10-1 Commission may only approve direct delivery under this subsection
10-2 if such approval is necessary to meet requirements of state or
10-3 federal law or if no other organization is available to provide the
10-4 service.
10-5 Sec. 72.036. PUBLIC COMMENT. Before establishing
10-6 eligibility and the frequency and duration of funding grants, a
10-7 local commission shall allow adequate notice and opportunity for
10-8 public comment, including comments from the entities listed in
10-9 Section 72.031(b)(1).
10-10 Sec. 72.037. AUDIT. A local commission shall annually
10-11 contract for an audit of its financial condition by an independent
10-12 auditor.
10-13 Sec. 72.038. LIABILITY. A local commission is a
10-14 governmental unit for purposes of Chapter 101, Civil Practice and
10-15 Remedies Code (Texas Tort Claims Act). A member of a local
10-16 commission is not liable for civil damages or criminal prosecution
10-17 for any act performed in good faith in the execution of duties as a
10-18 local commission member or for an action taken by the local
10-19 commission.
10-20 (Sections 72.039 to 72.040 reserved for expansion
10-21 SUBCHAPTER D. STATE GRANTS TO LOCAL CHILD AND
10-22 FAMILY COMMISSIONS
10-23 Sec. 72.041. BUDGET; FUNDS DISTRIBUTION. (a) The Health
10-24 and Human Services Commission, with the assistance of the agencies
10-25 listed in Section 72.022(a) and the Legislative Budget Board, shall
11-1 develop a budget mechanism to:
11-2 (1) combine state and federal funds and to distribute
11-3 the funds through grants to local commissions established under
11-4 Subchapter C; and
11-5 (2) distribute grant funds that may be appropriated by
11-6 the legislature for local commissions.
11-7 (b) The Legislative Budget Board, at the request of the
11-8 committee established by Subchapter F, may transfer appropriations
11-9 from state child-serving agencies to the Health and Human Services
11-10 Commission in accordance with Subsection (a)(1).
11-11 (c) A grant to a local commission made under this section
11-12 must:
11-13 (1) be distributed locally for services that promote
11-14 the social, emotional, or physical well-being of children and
11-15 promote family support; and
11-16 (2) be matched by local resources, cash or in-kind,
11-17 totaling at least one-quarter of the grant amount, unless the
11-18 Health and Human Services Commission provides for a different match
11-19 formula pursuant to Subsection (d).
11-20 (d) The Health and Human Services Commission shall adopt
11-21 rules providing for the distribution of available funds based on a
11-22 county's child population and per capita income. The Health and
11-23 Human Services Commission is authorized to modify the match amount
11-24 required by Subsection (c) if such a modification is necessary to
11-25 accomplish the effective distribution of funds. If the Health and
12-1 Human Services Commission modifies the match formula, the
12-2 modification shall apply to all applicants for funds under this
12-3 section.
12-4 (e) The Health and Human Services Commission is authorized
12-5 to retain up to two percent of any funds appropriated for state
12-6 grants under this section and may use those funds only for the
12-7 administration of the grant program at the state level and for
12-8 carrying out the duties prescribed by Section 72.022.
12-9 Sec. 72.042. SMALL ASSISTANCE GRANTS. (a) As funds are
12-10 available, the Health and Human Services Commission shall by rule
12-11 provide the procedure by which it may make small assistance grants
12-12 to local communities to provide an incentive to establish a local
12-13 commission and support its initial operation.
12-14 (b) The Health and Human Services Commission may provide an
12-15 assistance grant to a local commission upon certification.
12-16 (c) A grant under this section:
12-17 (1) must be in proportion to the child population of
12-18 the county and may not exceed $50,000 for a large urban area;
12-19 (2) must be matched by local resources, in-kind or
12-20 cash, totaling at least one-half the amount of the assistance
12-21 grant; and
12-22 (3) may not extend beyond a period of one year.
12-23 (Sections 72.043 to 72.050 reserved for expansion
12-24 SUBCHAPTER E. COOPERATION WITH STATE AGENCIES
12-25 Sec. 72.051. AGENCY COOPERATION; PERSONNEL. (a) A local
13-1 commission shall cooperate with the Health and Human Services
13-2 Commission in setting performance standards and evaluating outcomes
13-3 for child and family programs for which the local commission and
13-4 the Health and Human Services Commission are responsible.
13-5 (b) The Health and Human Services Commission shall assist
13-6 local commissions in obtaining state employees to work under local
13-7 supervision while engaged in programs serving children and
13-8 families.
13-9 (c) State agencies soliciting proposals under a request for
13-10 proposal for state or federal funds shall require applicants to
13-11 demonstrate the approval of a local child and family commission, if
13-12 extant in the county, prior to submission of such proposals to the
13-13 state agency.
13-14 (Sections 72.052 to 72.060 reserved for expansion
13-15 SUBCHAPTER F. TEXAS CHILD AND FAMILY LEGISLATIVE
13-16 OVERSIGHT COMMITTEE
13-17 Sec. 72.061. CREATION OF COMMITTEE. The Texas Child and
13-18 Family Legislative Oversight Committee is created to monitor the
13-19 progress made by the Health and Human Services Commission and the
13-20 local commissions established under Subchapter C in meeting the
13-21 purpose prescribed by Section 72.001 and in discharging their
13-22 functions under this chapter.
13-23 Sec. 72.062. MEMBERSHIP OF COMMITTEE. (a) The committee
13-24 consists of:
13-25 (1) six public members, three of whom are appointed by
14-1 the lieutenant governor and three of whom are appointed by the
14-2 speaker of the house of representatives;
14-3 (2) two members of the senate appointed by the
14-4 lieutenant governor; and
14-5 (3) two members of the house of representatives
14-6 appointed by the speaker of the house of representatives.
14-7 (b) The committee's public members must be appointed from
14-8 among individuals who represent parents, local governments,
14-9 business, service providers, religious groups or organizations,
14-10 charitable organizations, or voluntary and community-based
14-11 organizations.
14-12 (c) The lieutenant governor and the speaker of the house of
14-13 representatives shall alternate every two years designating a
14-14 member of the committee as the presiding officer of the committee.
14-15 The lieutenant governor shall designate the first presiding
14-16 officer. The committee may elect from its members any other
14-17 necessary officers.
14-18 (d) A person may not serve as a member of the committee or
14-19 act as general counsel to the committee if the person is required
14-20 to register as a lobbyist under Chapter 305, Government Code,
14-21 because of the person's activities for compensation on behalf of a
14-22 profession related to the operation of the committee.
14-23 (e) Appointments to the committee shall be made without
14-24 regard to the race, color, disability, sex, religion, age, or
14-25 national origin of the appointees.
15-1 (f) An officer, employee, or paid consultant of a Texas
15-2 trade association in the field of human services may not be a
15-3 member of the committee or an employee of the committee who is
15-4 exempt from the state's position classification plan or who is
15-5 compensated at or above the amount prescribed by the General
15-6 Appropriations Act for step 1, salary group 17, of the position
15-7 classification salary schedule.
15-8 (g) A person who is the spouse of an officer, manager, or
15-9 paid consultant of a Texas trade association in the field of human
15-10 services may not be a member of the committee and may not be an
15-11 employee of the committee who is exempt from the state's position
15-12 classification plan or who is compensated at or above the amount
15-13 prescribed by the General Appropriations Act for step 1, salary
15-14 group 17, of the position classification salary schedule.
15-15 (h) For the purposes of this section, a Texas trade
15-16 association is a nonprofit, cooperative, and voluntarily joined
15-17 association of business or professional competitors in this state
15-18 designed to assist its members and its industry or profession in
15-19 dealing with mutual business or professional problems and in
15-20 promoting their common interest.
15-21 Sec. 72.063. COMMITTEE MEETINGS; TERMS; ADDITIONAL DUTY;
15-22 COMPENSATION. (a) The committee shall meet at least quarterly and
15-23 at other times at the call of its presiding officer or as provided
15-24 by rules adopted by the committee. The committee shall provide for
15-25 public comment at its meetings.
16-1 (b) Public members of the committee serve six-year staggered
16-2 terms with two members' terms expiring February 1 of each
16-3 odd-numbered year.
16-4 (c) The legislative members of the committee serve at the
16-5 pleasure of the lieutenant governor if appointed by the lieutenant
16-6 governor or at the pleasure of the speaker of the house of
16-7 representatives if appointed by the speaker of the house of
16-8 representatives.
16-9 (d) Service on the committee by a member of the senate or
16-10 house of representatives is an additional duty of legislative
16-11 office.
16-12 (e) A public member of the committee is entitled to
16-13 compensation and reimbursement for travel expenses as provided by
16-14 the General Appropriations Act.
16-15 Sec. 72.064. GROUNDS FOR REMOVAL. (a) It is a ground for
16-16 removal from the committee that a public member:
16-17 (1) does not have at the time of appointment the
16-18 qualifications required by Section 72.062;
16-19 (2) does not maintain during service on the committee
16-20 the qualifications required by Section 72.062;
16-21 (3) cannot discharge the member's duties for a
16-22 substantial part of the term for which the member is appointed
16-23 because of illness or disability;
16-24 (4) is absent from more than one-fourth of the
16-25 regularly scheduled committee meetings that the member is eligible
17-1 to attend during a calendar year; or
17-2 (5) is absent from two consecutive committee meetings
17-3 for which the member received notice not less than 48 hours before
17-4 the time of the meeting.
17-5 (b) The validity of an action of the committee is not
17-6 affected by the fact that it is taken when a ground for removal of
17-7 a committee member exists.
17-8 (c) If a member of the committee has knowledge that a
17-9 potential ground for removal exists, the member shall notify a
17-10 presiding officer of the committee of the ground. The presiding
17-11 officer shall then notify the lieutenant governor that a potential
17-12 ground for removal exists.
17-13 Sec. 72.065. COMMITTEE POWERS AND DUTIES. (a) The
17-14 committee shall:
17-15 (1) adopt rules as necessary to perform the
17-16 committee's functions under this subchapter;
17-17 (2) monitor and review state agencies that provide
17-18 services to children and families;
17-19 (3) issue in coordination with the Health and Human
17-20 Services Commission a biennial report to the legislature about the
17-21 progress of state and local efforts under this chapter to realize
17-22 the purpose prescribed by Section 72.001 and about other matters
17-23 relating to the committee's functions under this subchapter and
17-24 shall deliver a copy of the report to the governor;
17-25 (4) monitor child and family service delivery reform
18-1 and the shift from the state to the community level of planning and
18-2 delivery of child and family services;
18-3 (5) identify and recommend solutions to the
18-4 legislature about statutory and administrative barriers to the
18-5 success of local commissions established under Subchapter C;
18-6 (6) project resource needs to meet the state's goals
18-7 for children as set out in Section 72.001; and
18-8 (7) advise the legislature about the design and
18-9 implementation of a system to maintain accountability to the public
18-10 and the legislature regarding services for children and families.
18-11 (b) The committee may accept gifts, grants, or donations of
18-12 money, other property, or services from any source to further the
18-13 purposes of this chapter.
18-14 Sec. 72.066. STAFF. The legislative members of the
18-15 committee shall provide staff as needed.
18-16 Sec. 72.067. FUNDS. All funds received by the committee
18-17 under this chapter are subject to Subchapter F, Chapter 404,
18-18 Government Code.
18-19 Sec. 72.068. AUDITS; ANNUAL REPORT. (a) The financial
18-20 transactions of the committee are subject to audit by the state
18-21 auditor in accordance with Chapter 321, Government Code.
18-22 (b) The committee shall prepare annually a complete and
18-23 detailed written report accounting for all funds received and
18-24 disbursed by the committee during the preceding fiscal year. The
18-25 annual report must meet the reporting requirements applicable to
19-1 financial reporting provided in the General Appropriations Act.
19-2 Sec. 72.069. CONSUMER INFORMATION AND COMPLAINTS. (a) The
19-3 committee shall prepare information of public interest describing
19-4 the functions of the committee and the procedures by which
19-5 complaints are filed with and resolved by the committee. The
19-6 committee shall make the information available to the public and
19-7 appropriate state agencies.
19-8 (b) The committee shall establish methods by which consumers
19-9 and service recipients are notified of the name, mailing address,
19-10 and telephone number of one committee member for the purpose of
19-11 directing complaints to the committee.
19-12 (c) The committee shall keep information about each
19-13 complaint filed with the committee. The information must include:
19-14 (1) the date the complaint is received;
19-15 (2) the name of the complainant;
19-16 (3) the subject matter of the complaint;
19-17 (4) a record of all persons contacted in relation to
19-18 the complaint;
19-19 (5) a summary of the results of the review or
19-20 investigation of the complaint; and
19-21 (6) for complaints for which the committee took no
19-22 action, an explanation of the reason the complaint investigation
19-23 was closed without action.
19-24 (d) The committee shall keep a file about each written
19-25 complaint filed with the committee that the committee has authority
20-1 to resolve. The committee shall provide to the person filing the
20-2 complaint and the persons or entities that are subjects of the
20-3 complaint the committee's policies and procedures pertaining to
20-4 complaint investigation and resolution. The committee, at least
20-5 quarterly and until final disposition of the complaint, shall
20-6 notify the person filing the complaint and the persons or entities
20-7 that are subjects of the complaint of the status of the complaint.
20-8 (e) The committee is subject to the open meetings law,
20-9 Chapter 551, Government Code.
20-10 (f) The committee shall develop and implement policies that
20-11 provide the public with a reasonable opportunity to appear before
20-12 the committee and to speak on any issue under the jurisdiction of
20-13 the committee.
20-14 Sec. 72.070. MEETINGS AND FACILITY ACCESSIBILITY. The
20-15 committee shall comply with federal and state laws related to
20-16 public meetings and facility accessibility. The executive director
20-17 shall prepare and maintain a written plan that describes how a
20-18 person who does not speak English can be provided reasonable access
20-19 to the committee's meetings and facilities.
20-20 Sec. 72.071. TRAINING; STANDARDS OF CONDUCT INFORMATION.
20-21 (a) Before a member of the committee may assume the member's
20-22 duties, the member must complete at least one course of the
20-23 training program established under this section.
20-24 (b) The training program required by Subsection (a) shall
20-25 provide information to the member regarding:
21-1 (1) the enabling legislation that created the
21-2 committee;
21-3 (2) the programs monitored by the committee;
21-4 (3) the role and functions of the committee;
21-5 (4) the current budget for the committee, if
21-6 applicable;
21-7 (5) the results of the most recent formal audit of the
21-8 committee;
21-9 (6) the requirements of the:
21-10 (A) open meetings law, Chapter 551, Government
21-11 Code;
21-12 (B) open records law, Chapter 552, Government
21-13 Code; and
21-14 (C) Chapter 2001, Government Code
21-15 (Administrative Procedure Act);
21-16 (7) the requirements of the conflict of interest laws
21-17 and other laws relating to public officials; and
21-18 (8) any applicable ethics policies adopted by the
21-19 Texas Ethics Commission.
21-20 (c) The presiding officer of the committee shall provide to
21-21 the committee's members, as often as necessary, information
21-22 regarding their qualifications for office under this subchapter and
21-23 their responsibilities under applicable laws relating to standards
21-24 of conduct for state officers.
21-25 (Sections 72.072 to 72.080 reserved for expansion
22-1 SUBCHAPTER G. MISCELLANEOUS PROVISIONS
22-2 Sec. 72.081. COLLABORATION AGREEMENTS. (a) State and local
22-3 agencies that serve children and families, including local
22-4 commissions established under Subchapter C, may enter into
22-5 collaboration agreements to accomplish the purpose prescribed by
22-6 Section 72.001.
22-7 (b) A collaboration agreement may involve education,
22-8 vocational rehabilitation, health, mental health, employment and
22-9 training, and child welfare services, social services, juvenile
22-10 justice services, and other services or programs designated by the
22-11 Health and Human Services Commission.
22-12 SECTION 1.02. (a) In making the initial appointments of
22-13 public members to the Texas Child and Family Legislative Oversight
22-14 Committee, the lieutenant governor and the speaker of the house of
22-15 representatives each shall designate one of their respective
22-16 appointees for a term expiring February 1, 1997, one for a term
22-17 expiring February 1, 1999, and one for a term expiring February 1,
22-18 2001.
22-19 (b) The training requirement imposed on members of the Texas
22-20 Child and Family Legislative Oversight Committee by Section 72.071,
22-21 Human Resources Code, as added by this article, does not apply to
22-22 the initial members of the commission. The initial members shall
22-23 complete the training within 90 days after the training course is
22-24 established.
22-25 SECTION 1.03. (a) In accordance with Section 72.022, Human
23-1 Resources Code, as added by this article, the commissioner of
23-2 health and human services, in collaboration with the agencies
23-3 listed in Subsection (a), Section 72.022, Human Resources Code, as
23-4 added by this article, shall coordinate the program services,
23-5 eligibility requirements, funding, enrollment periods, fees, and
23-6 administrative functions of the following programs by no later than
23-7 December 1, 1997:
23-8 (1) the child care programs of the Texas Department of
23-9 Human Services;
23-10 (2) the prekindergarten programs of the Central
23-11 Education Agency; and
23-12 (3) the federal Head Start programs.
23-13 (b) The commissioner of health and human services shall
23-14 report the results of the initiative prescribed by this article to
23-15 coordinate the delivery of services to children and families to the
23-16 legislature on or before December 1, 1997.
23-17 SECTION 1.04. This article takes effect September 1, 1995.
23-18 ARTICLE II. STATEMENT OF IMPACT ON CHILDREN
23-19 SECTION 2.01. Chapter 2001, Government Code, is amended by
23-20 adding Section 2001.0281 to read as follows:
23-21 Sec. 2001.0281. STATEMENT OF IMPACT ON CHILDREN. (a) A
23-22 rule proposed by the following state agencies shall include a
23-23 statement of the rule's impact on children:
23-24 (1) Health and Human Services Commission;
23-25 (2) Texas Department of Human Services;
24-1 (3) Texas Department of Health;
24-2 (4) Texas Department of Mental Health and Mental
24-3 Retardation;
24-4 (5) Texas Commission for the Blind; and
24-5 (6) Texas Commission for the Deaf and Hearing
24-6 Impaired.
24-7 (b) The statement shall be published with the proposed rule
24-8 in accordance with Section 2001.023.
24-9 (c) The statement shall follow the same format and include
24-10 the same information as the impact statements which the Health and
24-11 Human Services Commission is required to prepare under Section 15A,
24-12 Article 4413(502), Revised Statutes.
24-13 SECTION 2.02. Article 4413(502), Revised Statutes, is
24-14 amended by adding Section 15A to read as follows:
24-15 Sec. 15A. STATEMENT OF IMPACT ON CHILDREN. (a) The
24-16 commission shall, in coordination with relevant state agencies,
24-17 prepare a statement of impact on children for all legislation
24-18 related to children on referral of the legislation to committee.
24-19 (b) The commission shall forward the statement to the
24-20 Legislative Budget Board for attachment to the fiscal note
24-21 accompanying the bill.
24-22 (c) The statement shall, at a minimum, address the following
24-23 questions:
24-24 (1) whether the action will increase or decrease the
24-25 amount of money or level of services available for children and
25-1 families;
25-2 (2) whether the action will increase or decrease the
25-3 number of children and families eligible for services;
25-4 (3) whether the action will affect the delivery of
25-5 services;
25-6 (4) whether the action will result in increased costs
25-7 for other services; and
25-8 (5) whether the action is required by new or current
25-9 federal law or regulation.
25-10 ARTICLE III. PROGRAMS TO IMPROVE CHILDREN'S
25-11 HEALTH AND WELFARE
25-12 SECTION 3.01. (a) Chapter 32, Health and Safety Code, is
25-13 amended by adding Section 32.022 to read as follows:
25-14 Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM.
25-15 (a) The department shall establish a program to promote public
25-16 awareness of the importance of prenatal care.
25-17 (b) The public awareness program shall:
25-18 (1) focus on the benefits of early and ongoing
25-19 prenatal care, including the reduction of low birth weights and
25-20 infant mortality; and
25-21 (2) target low-income areas of the state.
25-22 (c) To conduct the public awareness program required by this
25-23 section, the department shall utilize, among other resources, the
25-24 network of local coalitions developed by the department to promote
25-25 its immunization public awareness program.
26-1 (b) The Texas Department of Health shall establish the
26-2 prenatal care public awareness program required by Section 32.022,
26-3 Health and Safety Code, as added by this section, not later than
26-4 January 1, 1996.
26-5 SECTION 3.02. DENTAL SERVICES FOR CHILDREN. (a) The Texas
26-6 Department of Health shall develop a plan to increase accessibility
26-7 of dental services for children that targets children who are
26-8 eligible for but are not receiving medical assistance. In
26-9 developing the plan, the department shall:
26-10 (1) explore the extent of services needed to reach all
26-11 eligible children;
26-12 (2) determine the most appropriate age to target
26-13 children for preventive services;
26-14 (3) determine how to better use preventive care;
26-15 (4) examine the expansion of school-based services for
26-16 early diagnostic screening;
26-17 (5) consider the need for dental equipment, including
26-18 mobile units, portable equipment, and computer equipment;
26-19 (6) consider involving private practitioners by
26-20 exploring the following possibilities:
26-21 (A) increasing compensation for services;
26-22 (B) forgiving school loans for participating
26-23 dentists;
26-24 (C) requiring 40 hours a year of mandatory
26-25 services for children in the early and periodic screening,
27-1 diagnosis, and treatment program or for other children eligible for
27-2 state services; and
27-3 (D) creating a formal structure to bring
27-4 dentists into schools;
27-5 (7) investigate alternative methods to educate parents
27-6 about the causes and prevention of baby bottle tooth decay; and
27-7 (8) consider requiring fluoridation of all major water
27-8 supplies.
27-9 (b) Using existing departmental resources, the department
27-10 shall prepare the plan required by this section and the projected
27-11 budget for that plan not later than September 1, 1996. The Texas
27-12 Board of Health may appoint a special task force to help the
27-13 department in preparing this plan. The department shall present
27-14 the plan and budget to the 75th Legislature not later than
27-15 February 1, 1997.
27-16 SECTION 3.03. INTERAGENCY WORK GROUP ON TRAINING AND
27-17 CERTIFICATION OF EARLY CHILDHOOD EDUCATION WORKERS. (a) Not later
27-18 than September 1, 1995, the administrative heads of the Central
27-19 Education Agency, Texas Higher Education Coordinating Board, Health
27-20 and Human Services Commission, Texas Department of Health, Texas
27-21 Department of Human Services, Department of Protective and
27-22 Regulatory Services, Interagency Council on Early Childhood
27-23 Intervention Services, and Texas Head Start Collaboration Project
27-24 shall each designate a representative to an interagency work group
27-25 on training and certification of early childhood education workers.
28-1 (b) The interagency work group shall study:
28-2 (1) the quality of training programs for early
28-3 childhood education workers; and
28-4 (2) the need for, design of, and potential funding
28-5 sources for a statewide professional training and certification
28-6 program for those workers.
28-7 (c) The interagency work group shall complete the study and
28-8 report its findings to the legislature not later than March 1,
28-9 1997.
28-10 (d) This section expires June 1, 1997.
28-11 SECTION 3.04. SERVICES FOR CHILDREN WHO REQUIRE RESIDENTIAL
28-12 TREATMENT. (a) The Texas Department of Mental Health and Mental
28-13 Retardation shall develop a plan for providing services to children
28-14 with severe mental or emotional disorders who require residential
28-15 treatment. The plan must provide:
28-16 (1) that residential treatment and related services
28-17 for children be provided regionally;
28-18 (2) for a child who has a functional family to remain
28-19 in parental custody while receiving treatment or related services;
28-20 (3) for coordination of state mental health facilities
28-21 and community service providers;
28-22 (4) specific legislative recommendations for statutory
28-23 authority to pool funds used by various state agencies to provide
28-24 residential treatment and related services to children;
28-25 (5) to the extent practicable, that funds available
29-1 under Title IV-E, federal Social Security Act (42 U.S.C. Section
29-2 670 et seq.) pay for services for those children who are
29-3 Medicaid-eligible and in need of residential treatment; and
29-4 (6) that third-party payor financial resources are
29-5 exhausted before state money is used.
29-6 (b) In developing the plan, the Texas Department of Mental
29-7 Health and Mental Retardation shall consider whether to include in
29-8 the plan provisions:
29-9 (1) to establish and employ indicators to identify
29-10 children with mental or emotional disorders who would be better
29-11 served outside of the home;
29-12 (2) to use community mental health centers or
29-13 community resources to review children's cases individually;
29-14 (3) to create therapeutic group homes in communities;
29-15 and
29-16 (4) for payment of services on a sliding scale.
29-17 (c)(1) The Texas Department of Mental Health and Mental
29-18 Retardation shall complete the plan, together with an estimated
29-19 budget and recommendations for statutory changes necessary or
29-20 convenient to implement the plan, not later than January 15, 1997.
29-21 (2) On completion, the department shall submit the
29-22 plan to the governor and the legislature.
29-23 SECTION 3.05. PILOT PROJECT. (a) The Health and Human
29-24 Services Commission shall establish a pilot project to determine
29-25 the effectiveness of using investment budgeting to measure the cost
30-1 effectiveness of certain children's prevention services.
30-2 (b) As part of the investment budgeting process, the
30-3 commission shall:
30-4 (1) establish clear visions and goals and measurable
30-5 outcomes that clarify those visions and goals;
30-6 (2) establish and estimate the value of the outcomes
30-7 the commission wants to achieve;
30-8 (3) estimate the unit cost of achieving those
30-9 outcomes; and
30-10 (4) compute the anticipated return on investing in
30-11 programs to achieve those outcomes.
30-12 (c) The commission shall consider including the children's
30-13 immunization programs in determining which children's prevention
30-14 services will be examined in the pilot project.
30-15 (d) Not later than January 15, 1997, the Health and Human
30-16 Services Commission shall submit to the governor and the 75th
30-17 Legislature a report concerning the effectiveness of the pilot
30-18 project.
30-19 (e) This section expires September 1, 1997.
30-20 ARTICLE IV. SCHOOL GUIDANCE PROGRAMS
30-21 SECTION 4.01. Subchapter F, Chapter 13, Education Code, is
30-22 amended by adding Section 13.355 to read as follows:
30-23 Sec. 13.355. COUNSELORS. A person a school district employs
30-24 as a school counselor shall:
30-25 (1) participate in planning, implementing, and
31-1 evaluating a comprehensive developmental guidance program that
31-2 includes:
31-3 (A) services for every student; and
31-4 (B) services for the special needs of students
31-5 who are:
31-6 (i) at risk of dropping out of school,
31-7 becoming substance abusers, participating in gang activity, or
31-8 committing suicide; or
31-9 (ii) in need of modified instructional
31-10 strategies;
31-11 (2) counsel students, individually or in small groups,
31-12 concerning educational, career, personal, or social needs and make
31-13 referrals as appropriate in consultation with the student's parent
31-14 or guardian;
31-15 (3) assist students as the students plan and monitor
31-16 their own educational, career, personal, and social development;
31-17 (4) consult with teachers, other school staff,
31-18 administrators, parents, and other community members to help them
31-19 increase the effectiveness of student education and bring about
31-20 student success;
31-21 (5) coordinate people and resources in the school,
31-22 home, and community to develop fully student academic, career,
31-23 personal, and social abilities and provide educational
31-24 opportunities that meet real world needs;
31-25 (6) assist students, parents, and teachers in:
32-1 (A) interpreting standardized test results and
32-2 other assessment data;
32-3 (B) identifying student abilities, aptitudes,
32-4 achievement level, and interests; and
32-5 (C) making the students' educational and career
32-6 plans; and
32-7 (7) deliver classroom guidance activities or serve as
32-8 a consultant to teachers conducting lessons based on the school's
32-9 guidance curriculum.
32-10 SECTION 4.02. The heading of Subchapter F, Chapter 13,
32-11 Education Code, is amended to read as follows:
32-12 SUBCHAPTER F. SUPERINTENDENTS, <AND> PRINCIPALS,
32-13 AND COUNSELORS
32-14 SECTION 4.03. Section 21.794, Education Code, is amended to
32-15 read as follows:
32-16 Sec. 21.794. PARENTAL INVOLVEMENT <GENERAL DUTIES>. (a) <A
32-17 person employed as required by Section 21.793 of this code shall:>
32-18 <(1) assist in the identification of students with
32-19 special needs, including students who are at risk of dropping out
32-20 of school, of substance abuse, or of committing suicide or who are
32-21 in need of modified instructional strategies;>
32-22 <(2) counsel students, individually or in small
32-23 groups, in relation to educational, career, personal, and social
32-24 needs and make referrals when appropriate in consultation with the
32-25 student's parent or guardian;>
33-1 <(3) provide professional expertise to school faculty,
33-2 staff, and administrators and parents and other community members
33-3 that will help them increase the effectiveness of the students'
33-4 education;>
33-5 <(4) coordinate people and resources in the school,
33-6 home, and community to fully develop the students' academic,
33-7 career, personal, and social abilities;>
33-8 <(5) with the assistance of the school staff, develop
33-9 and interpret an assessment program that helps students, parents,
33-10 and teachers identify a student's abilities, aptitudes, achievement
33-11 level, and interests and that provides information about programs
33-12 that may help the student achieve the student's goals;>
33-13 <(6) participate in the planning, implementation, and
33-14 evaluation of the local comprehensive and developmental guidance
33-15 and counseling program.>
33-16 <(b)> Each school may obtain, and keep as part of the
33-17 student's permanent record, written consent by the parent or legal
33-18 guardian for the student to participate in a counseling program or
33-19 activity. The consent form shall include specific information on
33-20 the content of the program and the types of activities in which the
33-21 student will be involved.
33-22 (b) <(c)> Each school, before implementing a comprehensive
33-23 and developmental guidance and counseling program, shall annually
33-24 conduct a parent's preview of the program. All materials,
33-25 including curriculum to be used during the year, shall be available
34-1 on the campus for any parent to preview during school hours. No
34-2 materials or curriculum may be used that is not included in the
34-3 materials available on the campus for preview by the parents.
34-4 SECTION 4.04. The changes in law made by this article apply
34-5 beginning with the 1995-1996 school year.
34-6 ARTICLE V. APPROPRIATE CURRICULA FOR CHILDREN
34-7 IN EARLY GRADES
34-8 SECTION 5.01. Section 11.33, Education Code, is amended by
34-9 adding Subsection (e) to read as follows:
34-10 (e) Each Regional Education Service Center shall provide
34-11 teachers and administrators with training in instructional
34-12 practices to implement the developmentally appropriate curriculum
34-13 for students in the prekindergarten through third grade level
34-14 described by the State Board of Education under Section 21.101(c).
34-15 The Central Education Agency shall assist the Regional Education
34-16 Service Centers in developing the training. Each Regional
34-17 Education Service Center shall also establish a network of
34-18 elementary schools and schools with an early childhood education
34-19 program to serve as mentor schools for other schools implementing
34-20 the developmentally appropriate curriculum.
34-21 SECTION 5.02. Subsection (c), Section 21.101, Education
34-22 Code, is amended to read as follows:
34-23 (c)(1) The State Board of Education by rule shall designate
34-24 the essential elements of each subject listed in Subsection (a) of
34-25 this section and shall require each district to provide instruction
35-1 in those elements at appropriate grade levels. The essential
35-2 elements for prekindergarten through grade three shall be organized
35-3 according to developmental domains instead of subject area headings
35-4 so that developmentally appropriate curricula are provided. In
35-5 this section, "developmentally appropriate curricula" means
35-6 educational programs that:
35-7 (A) teach multiple subjects simultaneously
35-8 through active, hands-on learning methods instead of segmented
35-9 subjects through academic, textbook-dependent methods;
35-10 (B) provide opportunities to achieve skills and
35-11 apply them toward the acquisition of knowledge;
35-12 (C) focus on the way in which children grow and
35-13 develop so that they are appropriate for the age of the children to
35-14 whom they are offered;
35-15 (D) foster the interests and understanding of
35-16 individual students so that they are appropriate for the
35-17 individuals to whom they are offered;
35-18 (E) value the rich variety of languages and
35-19 learning experiences children bring to the classroom so that they
35-20 are culturally and linguistically appropriate; and
35-21 (F) provide ample opportunities for teacher and
35-22 student interaction so that they support the social nature of
35-23 learning.
35-24 (2) The state board shall broadly define the curricula
35-25 to be provided under each developmental domain so that a local
36-1 district has substantial flexibility in designing specific
36-2 curricula for children in prekindergarten through grade three. In
36-3 order to be accredited, a district must provide instruction in
36-4 those essential elements as specified by the state board.
36-5 SECTION 5.03. Essential elements adopted by the State Board
36-6 of Education for prekindergarten through grade three under
36-7 Subsection (c), Section 21.101, Education Code, as amended by this
36-8 article shall be taught by school districts beginning with the
36-9 1996-1997 school year.
36-10 ARTICLE VI. COMMUNITY SERVICE
36-11 SECTION 6.01. Subchapter D, Chapter 21, Education Code, is
36-12 amended by adding Section 21.118 to read as follows:
36-13 Sec. 21.118. COMMUNITY SERVICE. (a) The State Board of
36-14 Education shall adopt rules under which a school district may grant
36-15 academic credit to students in grades nine through 12 who perform
36-16 community service. The rules must:
36-17 (1) prescribe the minimum amount of community service
36-18 required for each academic credit; and
36-19 (2) prohibit a school district from granting credit
36-20 for community service performed in connection with a proceeding
36-21 under the Code of Criminal Procedure or Title 3, Family Code.
36-22 (b) A school district is not required to grant academic
36-23 credit for community service.
36-24 SECTION 6.02. Subchapter F, Chapter 51, Education Code, is
36-25 amended by adding Section 51.307 to read as follows:
37-1 Sec. 51.307. COMMUNITY SERVICE COURSE. (a) The governing
37-2 board of each general academic teaching institution, as defined by
37-3 Section 61.003, shall establish at least one elective course that
37-4 requires a student to perform community service as part of the
37-5 course curriculum. The course curriculum must also include an
37-6 academic component relating to the community service that a student
37-7 may perform as part of the course.
37-8 (b) The Texas Higher Education Coordinating Board shall
37-9 establish standards for courses offered under this section and
37-10 shall ensure that courses offered under this section comply with
37-11 those standards. The coordinating board shall establish standards
37-12 to ensure that a sufficient number of sections of the course are
37-13 offered at each institution to allow each student who desires to
37-14 take the course to do so at least once.
37-15 (c) The governing board may offer the course for any number
37-16 of semester hours and may offer different sections of the course
37-17 for different numbers of semester hours. The course may be offered
37-18 for credit toward satisfaction of a particular course requirement
37-19 in a degree program.
37-20 (d) The governing board may offer different sections of a
37-21 course or different courses with various curricula designed for
37-22 different degree programs or areas of concentration.
37-23 (e) The course curriculum must require a student to perform
37-24 at least 15 hours of community service for each semester hour the
37-25 student earns for the course.
38-1 SECTION 6.03. (a) This article takes effect immediately.
38-2 (b) Section 21.118, Education Code, as added by this
38-3 article, applies beginning with the 1996-1997 school year.
38-4 (c) Not later than February 1, 1996, the State Board of
38-5 Education shall adopt rules as required by Section 21.118,
38-6 Education Code, as added by this article.
38-7 (d) Each general academic teaching institution must offer
38-8 the course required by Section 51.307, Education Code, as added by
38-9 this article, not later than the 1996 fall semester.
38-10 ARTICLE VII. JUVENILE CURFEW
38-11 SECTION 7.01. Subchapter Z, Chapter 341, Local Government
38-12 Code, is amended by adding Section 341.904 to read as follows:
38-13 Sec. 341.904. JUVENILE CURFEW ORDINANCE IN GENERAL-LAW
38-14 MUNICIPALITY. (a) The governing body of a general-law
38-15 municipality may adopt a curfew ordinance to regulate the movements
38-16 or actions of persons under 17 years of age, not inconsistent with
38-17 state law, that is for the good government, peace, public safety,
38-18 or order of the municipality.
38-19 (b) This authority includes the authority to:
38-20 (1) establish the hours of the curfew, including
38-21 different hours for different days of the week;
38-22 (2) apply different curfew hours to different age
38-23 groups of juveniles;
38-24 (3) describe the kinds of conduct subject to the
38-25 curfew;
39-1 (4) determine the locations to which the curfew
39-2 applies;
39-3 (5) determine which persons incur liability if a
39-4 violation of the curfew occurs;
39-5 (6) prescribe procedures a police officer or other
39-6 person must follow in enforcing the curfew; and
39-7 (7) establish exemptions from the curfew.
39-8 (c) A person commits an offense if the person violates a
39-9 restriction or prohibition imposed by an order adopted under this
39-10 section. An offense under this subsection is a Class C
39-11 misdemeanor.
39-12 SECTION 7.02. Subchapter Z, Chapter 351, Local Government
39-13 Code, is amended by adding Section 351.903 to read as follows:
39-14 Sec. 351.903. JUVENILE CURFEW ORDER. (a) The commissioners
39-15 court of a county by order may adopt a curfew applying to the
39-16 unincorporated area of the county to regulate the movements or
39-17 actions of persons under 17 years of age, not inconsistent with
39-18 state law, that is for the good government, peace, public safety,
39-19 or order of the county.
39-20 (b) This authority includes the authority to:
39-21 (1) establish the hours of the curfew, including
39-22 different hours for different days of the week;
39-23 (2) apply different curfew hours to different age
39-24 groups of juveniles;
39-25 (3) describe the kinds of conduct subject to the
40-1 curfew;
40-2 (4) determine the locations to which the curfew
40-3 applies;
40-4 (5) determine which persons incur liability if a
40-5 violation of the curfew occurs;
40-6 (6) prescribe procedures a police officer or other
40-7 person must follow in enforcing the curfew; and
40-8 (7) establish exemptions from the curfew.
40-9 (c) A person commits an offense if the person violates a
40-10 restriction or prohibition imposed by an order adopted under this
40-11 section. An offense under this subsection is a Class C
40-12 misdemeanor.
40-13 ARTICLE VIII. YOUTH VIOLENCE PREVENTION EDUCATION
40-14 SECTION 8.01. Subchapter D, Chapter 21, Education Code, is
40-15 amended by adding Section 21.104 to read as follows:
40-16 Sec. 21.104. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
40-17 EDUCATION. (a) A school district shall provide instruction in
40-18 violence prevention and conflict resolution for grades one through
40-19 12.
40-20 (b) The Central Education Agency shall:
40-21 (1) adopt rules specifying information that must be
40-22 included in a district's violence prevention and conflict
40-23 resolution program;
40-24 (2) develop multiple sample curricula that may be used
40-25 by a district to comply with Subsection (a); and
41-1 (3) provide assistance to districts in training
41-2 district employees to instruct students in violence prevention and
41-3 conflict resolution.
41-4 (c) The specific curricula to be used by a district under
41-5 this section shall be determined by the district's administration
41-6 and faculty and must contain the information required by the agency
41-7 under Subsection (b)(1).
41-8 SECTION 8.02. Subchapter C, Chapter 61, Human Resources
41-9 Code, is amended by adding Section 61.047 to read as follows:
41-10 Sec. 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
41-11 EDUCATION. The commission shall provide education in violence
41-12 prevention and conflict resolution that includes discussion of
41-13 domestic violence and child abuse issues to all children in its
41-14 custody.
41-15 SECTION 8.03. Subchapter C, Chapter 141, Human Resources
41-16 Code, is amended by adding Section 141.0431 to read as follows:
41-17 Sec. 141.0431. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
41-18 TRAINING. The commission shall:
41-19 (1) provide training on request to juvenile probation
41-20 departments and juvenile boards in violence prevention and conflict
41-21 resolution programs; and
41-22 (2) encourage the inclusion of a violence prevention
41-23 and conflict resolution program as a condition of probation.
41-24 SECTION 8.04. Section 21.104, Education Code, as added by
41-25 this article, applies beginning with the 1996-1997 school year.
42-1 Sections 61.047 and 141.0431, Human Resources Code, as added by
42-2 this article, apply beginning January 1, 1996.
42-3 ARTICLE IX. EMERGENCY
42-4 SECTION 9.01. The importance of this legislation and the
42-5 crowded condition of the calendars in both houses create an
42-6 emergency and an imperative public necessity that the
42-7 constitutional rule requiring bills to be read on three several
42-8 days in each house be suspended, and this rule is hereby suspended,
42-9 and that this Act take effect and be in force from and after its
42-10 passage, and it is so enacted.