By Place H.B. No. 1684
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. SAFE SCHOOLS
1-7 SECTION 1.01. Section 11.26, Education Code, is amended by
1-8 adding Subsection (e) to read as follows:
1-9 (e) In the report to the legislature under Subsection
1-10 (c)(1), the State Board of Education shall provide information
1-11 relating to chronic absenteeism during each of the preceding two
1-12 school years, including:
1-13 (1) statistics for each of those years indicating the
1-14 number of students who have had more than 18 unexcused absences and
1-15 the trends concerning chronic absenteeism; and
1-16 (2) a report on state and local efforts to prevent
1-17 chronic absenteeism.
1-18 SECTION 1.02. Subchapter B, Chapter 21, Education Code, is
1-19 amended by adding Section 21.0391 to read as follows:
1-20 Sec. 21.0391. ADDITIONAL AUTHORIZATION TO ENFORCE COMPULSORY
1-21 SCHOOL ATTENDANCE. In addition to enforcement by a school
1-22 attendance officer, the compulsory school attendance provisions of
1-23 this code shall be enforced by any peace officer, as defined by
2-1 Article 2.12, Code of Criminal Procedure.
2-2 SECTION 1.03. Subchapter D, Chapter 21, Education Code, is
2-3 amended by adding Section 21.104 to read as follows:
2-4 Sec. 21.104. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
2-5 EDUCATION. (a) A school district shall provide instruction in
2-6 violence prevention and conflict resolution for grades one through
2-7 12.
2-8 (b) The Central Education Agency shall:
2-9 (1) adopt rules specifying information that must be
2-10 included in a district's violence prevention and conflict
2-11 resolution program;
2-12 (2) develop multiple sample curricula that may be used
2-13 by a district to comply with Subsection (a); and
2-14 (3) provide assistance to districts in training
2-15 district employees to instruct students in violence prevention and
2-16 conflict resolution.
2-17 (c) The specific curricula to be used by a district under
2-18 this section shall be determined by the district's administration
2-19 and faculty and must contain the information required by the agency
2-20 under Subsection (b)(1).
2-21 SECTION 1.04. Section 21.301, Education Code, is amended by
2-22 amending Subsection (d) and by adding Subsections (o) and (p) to
2-23 read as follows:
2-24 (d) Except as provided by this subsection, removal to a
2-25 supervised alternative education setting may not extend beyond the
3-1 end of the semester during which the conduct that directly led to
3-2 the removal occurred. If the conduct occurred during the final
3-3 six-week reporting period of a semester, the removal may extend
3-4 beyond the end of that semester but may not extend beyond the end
3-5 of the next semester. The board may permit the student to remain
3-6 in the alternative program for an additional period agreed on by
3-7 the student, the student's parent or guardian, the supervisor of
3-8 the alternative program, and the principal of the student's home
3-9 school if they agree that the additional period would best serve
3-10 the student's educational interest. In the case of a student
3-11 placed in an alternative program because the student's presence in
3-12 the regular classroom program or at the home campus presents a
3-13 danger of physical harm to the student or to other individuals, the
3-14 board may permit the student to remain in the alternative program
3-15 until the student has met the behavioral and academic goals agreed
3-16 on by the student's parent or guardian, the supervisor of the
3-17 alternative program, and the principal of the student's home
3-18 campus. At least twice each semester that the student is assigned
3-19 to the alternative program, the supervisor of the alternative
3-20 program or the supervisor's designee shall hold a conference with
3-21 the student's parent or guardian and the principal of the student's
3-22 home campus or the principal's designee to report on the student's
3-23 progress. The student shall be reassigned to the regular campus if
3-24 the supervisor of the alternative program, in consultation with the
3-25 student's parent or guardian and the principal of the student's
4-1 home campus or the principal's designee, determines that the
4-2 student has met the behavioral and academic goals established.
4-3 This subsection does not apply to the placement of a student with
4-4 disabilities in an alternative program in accordance with the
4-5 decision of an admission, review, and dismissal committee.
4-6 (o) An alternative education program must:
4-7 (1) have a curriculum that stresses rigorous academic
4-8 standards; and
4-9 (2) include components designed to correct students'
4-10 behavioral problems.
4-11 (p) In this section, "alternative education program" means a
4-12 school setting for students who are not amenable to education in a
4-13 traditional public school program.
4-14 SECTION 1.05. Section 21.3011, Education Code, is amended by
4-15 amending Subsections (c), (e), (g), and (j) and by adding
4-16 Subsections (n) and (o) to read as follows:
4-17 (c) A student who, after having been placed in an
4-18 alternative education program under Section 21.301 of this code,
4-19 either poses a danger of physical harm to the student or to other
4-20 persons or continues to engage in serious or persistent misbehavior
4-21 that violates the district's previously communicated written
4-22 standards of student conduct may be removed from class and
4-23 expelled.
4-24 (e) Before the expulsion, the board or its designee must
4-25 provide the student a hearing at which the student is afforded
5-1 appropriate due process as required by the federal constitution and
5-2 which the student's parent or guardian is invited, in writing, to
5-3 attend. At the hearing, the student must be represented by the
5-4 student's parent or guardian or another adult who can provide
5-5 guidance to the student and who is not an employee of the school
5-6 district. If the decision to expel a student is made by the
5-7 board's designee, the decision may be appealed to the board. The
5-8 decision of the board may be appealed by trial de novo to a state
5-9 district court of the county in which the school district's central
5-10 administrative office is located. In this subsection, "adult" has
5-11 the meaning assigned by Section 11.01, Family Code.
5-12 (g) The board or its designee shall deliver a copy of the
5-13 order expelling the student to the student and the student's parent
5-14 or guardian. Not later than the second business day after the date
5-15 the hearing is held under Subsection (e), the <The> board or its
5-16 designee shall also deliver a copy of the order and any information
5-17 required under Section 52.04, Family Code, to the authorized
5-18 officer of the juvenile court in the county in which the student
5-19 resides. The officer shall file <determine whether:>
5-20 <(1)> a petition <should be filed> alleging, as
5-21 applicable, that the student has engaged in conduct indicating a
5-22 <is in> need for <of> supervision or <engaged in> delinquent
5-23 conduct as defined by Section 51.03, Family Code<; or>
5-24 <(2) the student should be referred to an appropriate
5-25 state agency>.
6-1 (j) If a court orders a student who has been expelled to
6-2 attend school as a condition of probation, the school district
6-3 shall readmit the student, but the student is not immune from
6-4 suspension, removal to an alternative education program, or
6-5 expulsion during the term of the probation. If a student is
6-6 expelled under this section, the school district retains the
6-7 authority to place the student in the appropriate educational
6-8 setting, except to the extent that a court orders a student to
6-9 attend an alternative education program, including a program
6-10 established under Subsection (n).
6-11 (n) A school district may develop and provide an educational
6-12 program for students who are expelled under this section. A
6-13 program provided under this subsection must satisfy standards
6-14 established by the Central Education Agency. In providing the
6-15 program, the school district may establish a program independently
6-16 or with another school district, modify an existing alternative
6-17 education program, or contract with another entity to provide the
6-18 program. In developing and providing the program, the board of
6-19 trustees of the school district shall collaborate with the juvenile
6-20 board for the county in which the district's central administrative
6-21 office is located concerning supervision and rehabilitative
6-22 services appropriate for expelled students, service by probation
6-23 officers at the program site, recruitment of volunteers to serve as
6-24 mentors and provide tutoring services, and coordination with other
6-25 social service agencies. The Texas Juvenile Probation Commission
7-1 shall monitor and provide assistance to juvenile boards
7-2 participating in developing and providing a program under this
7-3 subsection. The administrator of each program or the
7-4 administrator's designee, in consultation with an at-risk
7-5 coordinator or guidance counselor and the student's parent or
7-6 guardian, shall develop a plan that specifies how and when each
7-7 student in the program will be reintegrated into the regular
7-8 classroom. The Central Education Agency shall encourage school
7-9 districts to establish the programs and shall encourage small
7-10 school districts to join with one or more other school districts to
7-11 establish a program. In this subsection, "juvenile board" has the
7-12 meaning assigned by Section 141.002, Human Resources Code.
7-13 (o) In accordance with State Board of Education rule, each
7-14 school year, for each campus in the school district, the
7-15 superintendent of the district shall report to the Central
7-16 Education Agency through the Public Education Information
7-17 Management System (PEIMS):
7-18 (1) the number of expulsions;
7-19 (2) the ethnicity of students expelled; and
7-20 (3) the length of the expulsion periods.
7-21 SECTION 1.06. Subchapter I, Chapter 21, Education Code, is
7-22 amended by adding Section 21.3012 to read as follows:
7-23 Sec. 21.3012. INCENTIVE AID FOR ESTABLISHING MODEL
7-24 ALTERNATIVE EDUCATION PROGRAMS. (a) A school district, juvenile
7-25 justice agency, and mental health agency, working in collaboration,
8-1 are eligible to receive incentive aid payments to develop,
8-2 establish, and operate a model, comprehensive alternative education
8-3 program for students placed in an alternative education program
8-4 under Section 21.301 or expelled under Section 21.3011 that
8-5 satisfies the criteria adopted under or established by this
8-6 section.
8-7 (b) In addition to any other criteria the State Board of
8-8 Education adopts for a school district, juvenile justice agency,
8-9 and mental health agency to be eligible for incentive aid payments
8-10 under this section for a model program, the program must provide
8-11 for:
8-12 (1) intensive counseling and social services for
8-13 students;
8-14 (2) mentoring of students by members of the community
8-15 in which the program is located;
8-16 (3) tutoring of students by peers;
8-17 (4) vocational training; and
8-18 (5) careful planning for and monitoring of a student's
8-19 reintegration into the regular classroom.
8-20 (c) The Central Education Agency by rule shall adopt a
8-21 procedure for applying for incentive aid payments under this
8-22 section.
8-23 (d) The cost of incentive aid payments shall be paid from
8-24 the foundation school fund. The foundation school fund budget
8-25 committee shall include the cost in estimating the funds needed for
9-1 foundation school program purposes.
9-2 (e) In this section:
9-3 (1) "Juvenile justice agency" means a local or state
9-4 agency having authority for matters relating to juvenile justice.
9-5 (2) "Mental health agency" means a local or state
9-6 agency having authority for matters relating to mental health.
9-7 SECTION 1.07. Subsection (b), Section 51.03, Family Code, is
9-8 amended to read as follows:
9-9 (b) Conduct indicating a need for supervision is:
9-10 (1) subject to Subsection (f) of this section,
9-11 conduct, other than a traffic offense, that violates:
9-12 (A) the penal laws of this state of the grade of
9-13 misdemeanor that are punishable by fine only; or
9-14 (B) the penal ordinances of any political
9-15 subdivision of this state;
9-16 (2) the unexcused voluntary absence of a child on 10
9-17 or more days or parts of days within a six-month period or three or
9-18 more days or parts of days within a four-week period from school
9-19 without the consent of his parents;
9-20 (3) the voluntary absence of a child from his home
9-21 without the consent of his parent or guardian for a substantial
9-22 length of time or without intent to return;
9-23 (4) conduct which violates the laws of this state
9-24 prohibiting driving while intoxicated or under the influence of
9-25 intoxicating liquor (first or second offense) or driving while
10-1 under the influence of any narcotic drug or of any other drug to a
10-2 degree which renders him incapable of safely driving a vehicle
10-3 (first or second offense); <or>
10-4 (5) conduct prohibited by city ordinance or by state
10-5 law involving the inhalation of the fumes or vapors of paint and
10-6 other protective coatings or glue and other adhesives and the
10-7 volatile chemicals itemized in Section 484.002, Health and Safety
10-8 Code; or
10-9 (6) conduct, other than delinquent conduct, for which
10-10 a student is expelled under Section 21.3011, Education Code.
10-11 SECTION 1.08. Subchapter C, Chapter 61, Human Resources
10-12 Code, is amended by adding Section 61.047 to read as follows:
10-13 Sec. 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
10-14 EDUCATION. The commission shall provide education in violence
10-15 prevention and conflict resolution that includes discussion of
10-16 domestic violence and child abuse issues to all children in its
10-17 custody.
10-18 SECTION 1.09. Subchapter C, Chapter 141, Human Resources
10-19 Code, is amended by adding Section 141.0431 to read as follows:
10-20 Sec. 141.0431. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
10-21 TRAINING. The commission shall:
10-22 (1) provide training on request to juvenile probation
10-23 departments and juvenile boards in violence prevention and conflict
10-24 resolution programs; and
10-25 (2) encourage the inclusion of a violence prevention
11-1 and conflict resolution program as a condition of probation.
11-2 SECTION 1.10. Subchapter A, Chapter 152, Human Resources
11-3 Code, is amended by adding Section 152.0011 to read as follows:
11-4 Sec. 152.0011. SERVICES FOR EXPELLED STUDENTS. Each
11-5 juvenile board or its designee shall meet with the board of
11-6 trustees of each school district located in whole or in part in the
11-7 juvenile board's jurisdiction, or with the board of trustees'
11-8 designee, as necessary to establish policies concerning supervision
11-9 and rehabilitative services appropriate for district students
11-10 expelled from school. The juvenile board or its designee may
11-11 advise the board of trustees or its designee concerning assistance
11-12 that probation officers could provide to the district, recruitment
11-13 of volunteers to serve as mentors and provide tutoring services to
11-14 expelled students, and coordination with other social service
11-15 agencies.
11-16 SECTION 1.11. (a) This article takes effect immediately and
11-17 applies beginning with the 1995-1996 school year, except as
11-18 provided by Subsections (b) and (c) of this section.
11-19 (b) Section 21.104, Education Code, as added by this
11-20 article, applies beginning with the 1996-1997 school year.
11-21 (c) Sections 61.047 and 141.0431, Human Resources Code, as
11-22 added by this article, apply beginning January 1, 1996.
11-23 ARTICLE II. SCHOOL COUNSELORS
11-24 SECTION 2.01. Subchapter F, Chapter 13, Education Code, is
11-25 amended by adding Section 13.355 to read as follows:
12-1 Sec. 13.355. COUNSELORS. A person a school district employs
12-2 as a school counselor shall:
12-3 (1) participate in planning, implementing, and
12-4 evaluating a comprehensive developmental guidance program that
12-5 includes:
12-6 (A) services for every student; and
12-7 (B) services for the special needs of students
12-8 who are:
12-9 (i) at risk of dropping out of school,
12-10 becoming substance abusers, participating in gang activity, or
12-11 committing suicide; or
12-12 (ii) in need of modified instructional
12-13 strategies;
12-14 (2) counsel students, individually or in small groups,
12-15 concerning educational, career, personal, or social needs and make
12-16 referrals as appropriate in consultation with the student's parent
12-17 or guardian;
12-18 (3) assist students as the students plan and monitor
12-19 their own educational, career, personal, and social development;
12-20 (4) consult with teachers, other school staff,
12-21 administrators, parents, and other community members to help them
12-22 increase the effectiveness of student education and bring about
12-23 student success;
12-24 (5) coordinate people and resources in the school,
12-25 home, and community to develop fully student academic, career,
13-1 personal, and social abilities and provide educational
13-2 opportunities that meet real world needs;
13-3 (6) assist students, parents, and teachers in:
13-4 (A) interpreting standardized test results and
13-5 other assessment data;
13-6 (B) identifying student abilities, aptitudes,
13-7 achievement level, and interests; and
13-8 (C) making the students' educational and career
13-9 plans; and
13-10 (7) deliver classroom guidance activities or serve as
13-11 a consultant to teachers conducting lessons based on the school's
13-12 guidance curriculum.
13-13 SECTION 2.02. The heading of Subchapter F, Chapter 13,
13-14 Education Code, is amended to read as follows:
13-15 SUBCHAPTER F. SUPERINTENDENTS, <AND> PRINCIPALS,
13-16 AND COUNSELORS
13-17 SECTION 2.03. Section 21.794, Education Code, is amended to
13-18 read as follows:
13-19 Sec. 21.794. PARENTAL INVOLVEMENT <GENERAL DUTIES>. (a) <A
13-20 person employed as required by Section 21.793 of this code shall:>
13-21 <(1) assist in the identification of students with
13-22 special needs, including students who are at risk of dropping out
13-23 of school, of substance abuse, or of committing suicide or who are
13-24 in need of modified instructional strategies;>
13-25 <(2) counsel students, individually or in small
14-1 groups, in relation to educational, career, personal, and social
14-2 needs and make referrals when appropriate in consultation with the
14-3 student's parent or guardian;>
14-4 <(3) provide professional expertise to school faculty,
14-5 staff, and administrators and parents and other community members
14-6 that will help them increase the effectiveness of the students'
14-7 education;>
14-8 <(4) coordinate people and resources in the school,
14-9 home, and community to fully develop the students' academic,
14-10 career, personal, and social abilities;>
14-11 <(5) with the assistance of the school staff, develop
14-12 and interpret an assessment program that helps students, parents,
14-13 and teachers identify a student's abilities, aptitudes, achievement
14-14 level, and interests and that provides information about programs
14-15 that may help the student achieve the student's goals;>
14-16 <(6) participate in the planning, implementation, and
14-17 evaluation of the local comprehensive and developmental guidance
14-18 and counseling program.>
14-19 <(b)> Each school may obtain, and keep as part of the
14-20 student's permanent record, written consent by the parent or legal
14-21 guardian for the student to participate in a counseling program or
14-22 activity. The consent form shall include specific information on
14-23 the content of the program and the types of activities in which the
14-24 student will be involved.
14-25 (b) <(c)> Each school, before implementing a comprehensive
15-1 and developmental guidance and counseling program, shall annually
15-2 conduct a parent's preview of the program. All materials,
15-3 including curriculum to be used during the year, shall be available
15-4 on the campus for any parent to preview during school hours. No
15-5 materials or curriculum may be used that is not included in the
15-6 materials available on the campus for preview by the parents.
15-7 SECTION 2.04. This article takes effect immediately and
15-8 applies beginning with the 1995-1996 school year.
15-9 ARTICLE III. APPROPRIATE CURRICULA FOR CHILDREN IN EARLY
15-10 GRADES OF PUBLIC EDUCATION
15-11 SECTION 3.01. Section 11.33, Education Code, is amended by
15-12 adding Subsection (e) to read as follows:
15-13 (e) Each Regional Education Service Center shall provide
15-14 teachers and administrators with training in instructional
15-15 practices to implement the developmentally appropriate curriculum
15-16 for students in the prekindergarten through third grade level
15-17 described by the State Board of Education under Section 21.101(c).
15-18 The Central Education Agency shall assist the Regional Education
15-19 Service Centers in developing the training. Each Regional
15-20 Education Service Center shall also establish a network of
15-21 elementary schools and schools with an early childhood education
15-22 program to serve as mentor schools for other schools implementing
15-23 the developmentally appropriate curriculum.
15-24 SECTION 3.02. Subsection (c), Section 21.101, Education
15-25 Code, is amended to read as follows:
16-1 (c)(1) The State Board of Education by rule shall designate
16-2 the essential elements of each subject listed in Subsection (a) of
16-3 this section and shall require each district to provide instruction
16-4 in those elements at appropriate grade levels. The essential
16-5 elements for prekindergarten through grade three shall be organized
16-6 according to developmental domains instead of subject area headings
16-7 so that developmentally appropriate curricula are provided. In
16-8 this section, "developmentally appropriate curricula" means
16-9 educational programs that:
16-10 (A) teach multiple subjects simultaneously
16-11 through active, hands-on learning methods instead of segmented
16-12 subjects through academic, textbook-dependent methods;
16-13 (B) provide opportunities to achieve skills and
16-14 apply them toward the acquisition of knowledge;
16-15 (C) focus on the way in which children grow and
16-16 develop so that they are appropriate for the age of the children to
16-17 whom they are offered;
16-18 (D) foster the interests and understanding of
16-19 individual students so that they are appropriate for the
16-20 individuals to whom they are offered;
16-21 (E) value the rich variety of languages and
16-22 learning experiences children bring to the classroom so that they
16-23 are culturally and linguistically appropriate; and
16-24 (F) provide ample opportunities for teacher and
16-25 student interaction so that they support the social nature of
17-1 learning.
17-2 (2) The state board shall broadly define the curricula to be
17-3 provided under each developmental domain so that a local district
17-4 has substantial flexibility in designing specific curricula for
17-5 children in prekindergarten through grade three. In order to be
17-6 accredited, a district must provide instruction in those essential
17-7 elements as specified by the state board.
17-8 SECTION 3.03. (a) Except as provided by Subsection (b) of
17-9 this section, this article takes effect immediately.
17-10 (b) Essential elements adopted by the State Board of
17-11 Education for prekindergarten through grade three under Subsection
17-12 (c), Section 21.101, Education Code, as amended by Section 3.02,
17-13 shall be taught by school districts beginning with the 1996-1997
17-14 school year.
17-15 ARTICLE IV. COMMUNITY SERVICE
17-16 SECTION 4.01. Subchapter D, Chapter 21, Education Code, is
17-17 amended by adding Section 21.118 to read as follows:
17-18 Sec. 21.118. COMMUNITY SERVICE. (a) The State Board of
17-19 Education shall adopt rules under which a school district may grant
17-20 academic credit to students in grades nine through 12 who perform
17-21 community service. The rules must:
17-22 (1) prescribe the minimum amount of community service
17-23 required for each academic credit; and
17-24 (2) prohibit a school district from granting credit
17-25 for community service performed in connection with a proceeding
18-1 under the Code of Criminal Procedure or Title 3, Family Code.
18-2 (b) A school district is not required to grant academic
18-3 credit for community service.
18-4 SECTION 4.02. Subchapter F, Chapter 51, Education Code, is
18-5 amended by adding Section 51.307 to read as follows:
18-6 Sec. 51.307. COMMUNITY SERVICE COURSE. (a) The governing
18-7 board of each general academic teaching institution, as defined by
18-8 Section 61.003, shall establish at least one elective course that
18-9 requires a student to perform community service as part of the
18-10 course curriculum. The course curriculum must also include an
18-11 academic component relating to the community service that a student
18-12 may perform as part of the course.
18-13 (b) The Texas Higher Education Coordinating Board shall
18-14 establish standards for courses offered under this section and
18-15 shall ensure that courses offered under this section comply with
18-16 those standards. The coordinating board shall establish standards
18-17 to ensure that a sufficient number of sections of the course are
18-18 offered at each institution to allow each student who desires to
18-19 take the course to do so at least once.
18-20 (c) The governing board may offer the course for any number
18-21 of semester hours and may offer different sections of the course
18-22 for different numbers of semester hours. The course may be offered
18-23 for credit toward satisfaction of a particular course requirement
18-24 in a degree program.
18-25 (d) The governing board may offer different sections of a
19-1 course or different courses with various curricula designed for
19-2 different degree programs or areas of concentration.
19-3 (e) The course curriculum must require a student to perform
19-4 at least 15 hours of community service for each semester hour the
19-5 student earns for the course.
19-6 SECTION 4.03. (a) This article takes effect immediately.
19-7 (b) Section 21.118, Education Code, as added by this
19-8 article, applies beginning with the 1996-1997 school year.
19-9 (c) Not later than February 1, 1996, the State Board of
19-10 Education shall adopt rules as required by Section 21.118,
19-11 Education Code, as added by this article.
19-12 (d) Each general academic teaching institution must offer
19-13 the course required by Section 51.307, Education Code, as added by
19-14 this article, not later than the 1996 fall semester.
19-15 ARTICLE V. JUVENILE JUSTICE
19-16 SECTION 5.01. Subsections (a), (b), and (c), Section 34.54,
19-17 Family Code, are amended to read as follows:
19-18 (a) This section applies to a child who is <seven years of
19-19 age or older and> under 10 years of age.
19-20 (b) The Texas Department of Mental Health and Mental
19-21 Retardation <department> shall provide, directly or by contract,
19-22 services for a child and the child's family if the child is
19-23 referred to the Texas Department of Mental Health and Mental
19-24 Retardation <department> by a law enforcement agency for engaging
19-25 in conduct described by Section 51.03 of this code. The services
20-1 may include in-home programs, parenting skills training, youth
20-2 coping skills, and individual and family counseling.
20-3 (c) Except as provided by Subsection (d) of this section, on
20-4 request of the Texas Department of Mental Health and Mental
20-5 Retardation <department> a court may require the parent, managing
20-6 conservator, guardian, or other member of the child's household to
20-7 participate in the services provided by the Texas Department of
20-8 Mental Health and Mental Retardation <department> and to allow the
20-9 child and any siblings to participate. If a parent, managing
20-10 conservator, guardian, or other member of the child's household
20-11 fails to follow the court's order, the court may impose community
20-12 service as a sanction for contempt.
20-13 SECTION 5.02. Subdivision (1), Section 51.02, Family Code,
20-14 is amended to read as follows:
20-15 (1) "Child" means a person for whom the juvenile court
20-16 has or may exercise jurisdiction under Sections 51.035 and 51.036
20-17 of this code <who is:>
20-18 <(A) ten years of age or older and under 17
20-19 years of age; or>
20-20 <(B) seventeen years of age or older and under
20-21 18 years of age who is alleged or found to have engaged in
20-22 delinquent conduct or conduct indicating a need for supervision as
20-23 a result of acts committed before becoming 17 years of age>.
20-24 SECTION 5.03. Chapter 51, Family Code, is amended by adding
20-25 Sections 51.035 and 51.036 to read as follows:
21-1 Sec. 51.035. PERSONS FOR WHOM THE JUVENILE COURT HAS
21-2 JURISDICTION: AGE LIMITS. (a) The juvenile court has
21-3 jurisdiction in a suit under this title over a person:
21-4 (1) younger than 17 years of age; or
21-5 (2) 17 years of age or older and under 18 years of age
21-6 who is alleged or found to have engaged in delinquent conduct or
21-7 conduct indicating a need for supervision as a result of acts
21-8 committed before becoming 17 years of age.
21-9 (b) The juvenile court does not have jurisdiction over a
21-10 person younger than 10 years of age.
21-11 Sec. 51.036. PERSONS FOR WHOM THE JUVENILE COURT HAS
21-12 JURISDICTION: EXCEPTIONS. (a) The juvenile court does not have
21-13 jurisdiction over a person for whom a criminal court has original
21-14 jurisdiction unless the criminal court waives its jurisdiction and
21-15 transfers the child to the juvenile court under Section 51.08.
21-16 (b) The juvenile court does not have jurisdiction over a
21-17 person for whom the court has previously waived its exclusive
21-18 original jurisdiction under Section 54.02 and transferred the
21-19 person to a court for criminal proceedings. The juvenile court
21-20 resumes jurisdiction over the person transferred if:
21-21 (1) the person is remanded to the juvenile court after
21-22 an examining trial;
21-23 (2) the person is not indicted by the grand jury;
21-24 (3) the person is found not guilty in the matter
21-25 transferred;
22-1 (4) the matter is dismissed with prejudice; or
22-2 (5) the person is convicted of a lesser included
22-3 offense classified as a misdemeanor.
22-4 SECTION 5.04. Subsection (b), Section 51.06, Family Code, is
22-5 amended to read as follows:
22-6 (b) An application for a writ of habeas corpus brought by or
22-7 on behalf of a person <child> who has been committed to an
22-8 institution under the jurisdiction of the Texas Youth Commission
22-9 and which attacks the validity of the judgment of commitment shall
22-10 be brought in the county in which the court that entered the
22-11 judgment of commitment is located.
22-12 SECTION 5.05. Subsections (b) and (c), Section 51.08, Family
22-13 Code, are amended to read as follows:
22-14 (b) A court in which there is pending a complaint against a
22-15 person whose age is within limits described by Section 51.035 of
22-16 this code <child> alleging a violation of a misdemeanor offense
22-17 punishable by fine only other than a traffic offense or public
22-18 intoxication or a violation of a penal ordinance of a political
22-19 subdivision other than a traffic offense:
22-20 (1) shall waive its original jurisdiction and refer
22-21 the person <a child> to juvenile court if the person <child> has
22-22 previously been convicted of:
22-23 (A) two or more misdemeanors punishable by fine
22-24 only other than a traffic offense or public intoxication;
22-25 (B) two or more violations of a penal ordinance
23-1 of a political subdivision other than a traffic offense; or
23-2 (C) one or more of each of the types of
23-3 misdemeanors described in Paragraph (A) or (B) of this subdivision;
23-4 and
23-5 (2) may waive its original jurisdiction and refer the
23-6 person <a child> to juvenile court if the person <child>:
23-7 (A) has not previously been convicted of a
23-8 misdemeanor punishable by fine only other than a traffic offense or
23-9 public intoxication or a violation of a penal ordinance of a
23-10 political subdivision other than a traffic offense; or
23-11 (B) has previously been convicted of fewer than
23-12 two misdemeanors punishable by fine only other than a traffic
23-13 offense or public intoxication or two violations of a penal
23-14 ordinance of a political subdivision other than a traffic offense.
23-15 (c) A court in which there is pending a complaint against a
23-16 person whose age is within limits described by Section 51.035 of
23-17 this code <child> alleging a violation of a misdemeanor offense
23-18 punishable by fine only other than a traffic offense or public
23-19 intoxication or a violation of a penal ordinance of a political
23-20 subdivision other than a traffic offense shall notify the juvenile
23-21 court of the county in which the court is located of the pending
23-22 complaint and shall furnish to the juvenile court a copy of the
23-23 final disposition of any matter for which the court does not waive
23-24 its original jurisdiction under Subsection (b) of this section.
23-25 SECTION 5.06. Subsection (b), Section 51.09, Family Code, is
24-1 conformed to Chapter 557, Acts of the 72nd Legislature, Regular
24-2 Session, 1991, and amended to read as follows:
24-3 (b) Notwithstanding any of the provisions of Subsection (a)
24-4 of this section, the statement of a child is admissible in evidence
24-5 in any future proceeding concerning the matter about which the
24-6 statement was given if:
24-7 (1) when the child is in a detention facility or other
24-8 place of confinement or in the custody of an officer, the statement
24-9 is made in writing and the statement shows that the child has at
24-10 some time prior to the making thereof received from a magistrate a
24-11 warning that:
24-12 (A) the child may remain silent and not make any
24-13 statement at all and that any statement that the child makes may be
24-14 used in evidence against the child;
24-15 (B) the child has the right to have an attorney
24-16 present to advise the child either prior to any questioning or
24-17 during the questioning;
24-18 (C) if the child is unable to employ an
24-19 attorney, the child has the right to have an attorney appointed to
24-20 counsel with the child prior to or during any interviews with peace
24-21 officers or attorneys representing the state;
24-22 (D) the child has the right to terminate the
24-23 interview at any time;
24-24 (E) if the child is 15 years of age or older at
24-25 the time of the violation of a penal law of the grade of felony the
25-1 juvenile court may waive its jurisdiction and the child may be
25-2 tried as an adult;
25-3 (F) the child may be sentenced to commitment in
25-4 the Texas Youth Commission with a transfer to the institutional
25-5 division of the Texas Department of Criminal Justice for a term
25-6 prescribed by Section 54.04(d) of this code <not to exceed 30
25-7 years> if the child is found to have engaged in delinquent conduct,
25-8 alleged in a petition approved by a grand jury, that included:
25-9 (i) murder;
25-10 (ii) capital murder;
25-11 (iii) aggravated kidnapping;
25-12 (iv) aggravated sexual assault;
25-13 (v) aggravated robbery;
25-14 (vi) aggravated assault;
25-15 (vii) manslaughter;
25-16 (viii) intoxication manslaughter;
25-17 (ix) attempted murder <deadly assault on a
25-18 law enforcement officer, corrections officer, court participant, or
25-19 probation personnel>; <or>
25-20 (x) <(vi)> attempted capital murder; or
25-21 <and>
25-22 (xi) injury to a child or an elderly or
25-23 disabled person;
25-24 (G) the child may be sentenced to commitment to
25-25 the Texas Youth Commission with a transfer to the institutional
26-1 division of the Texas Department of Criminal Justice for a term
26-2 prescribed by Section 54.04(d) of this code if:
26-3 (i) the child is found to have engaged in
26-4 conduct, alleged in a petition approved by a grand jury, that
26-5 violates a penal law of the grade of felony, other than a state
26-6 jail felony;
26-7 (ii) the child has at least two previous
26-8 final adjudications for conduct violating a penal law of the grade
26-9 of felony; and
26-10 (iii) at least one of the previous final
26-11 adjudications described by Subparagraph (ii) of this paragraph is
26-12 for conduct that occurred after the date a previous adjudication
26-13 described by Subparagraph (ii) of this paragraph was rendered, if
26-14 that adjudication became final; and
26-15 (H) the statement must be signed in the presence
26-16 of a magistrate by the child with no law enforcement officer or
26-17 prosecuting attorney present, except that a magistrate may require
26-18 a bailiff or a law enforcement officer if a bailiff is not
26-19 available to be present if the magistrate determines that the
26-20 presence of the bailiff or law enforcement officer is necessary for
26-21 the personal safety of the magistrate or other court personnel,
26-22 provided that the bailiff or law enforcement officer may not carry
26-23 a weapon in the presence of the child. The magistrate must be
26-24 fully convinced that the child understands the nature and contents
26-25 of the statement and that the child is signing the same
27-1 voluntarily. If such a statement is taken, the magistrate shall
27-2 sign a written statement verifying the foregoing requisites have
27-3 been met.
27-4 The child must knowingly, intelligently, and voluntarily
27-5 waive these rights prior to and during the making of the statement
27-6 and sign the statement in the presence of a magistrate who must
27-7 certify that he has examined the child independent of any law
27-8 enforcement officer or prosecuting attorney, except as required to
27-9 ensure the personal safety of the magistrate or other court
27-10 personnel, and has determined that the child understands the nature
27-11 and contents of the statement and has knowingly, intelligently, and
27-12 voluntarily waived these rights.
27-13 (2) it be made orally and the child makes a statement
27-14 of facts or circumstances that are found to be true, which conduct
27-15 tends to establish his guilt, such as the finding of secreted or
27-16 stolen property, or the instrument with which he states the offense
27-17 was committed.
27-18 (3) the statement was res gestae of the delinquent
27-19 conduct or the conduct indicating a need for supervision or of the
27-20 arrest.
27-21 SECTION 5.07. Subsection (c), Section 51.09, Family Code, as
27-22 amended by Chapters 429 and 557, Acts of the 72nd Legislature,
27-23 Regular Session, 1991, is reenacted and amended to read as follows:
27-24 (c) A warning under Subsection (b)(1)(E), <or> Subsection
27-25 (b)(1)(F), or Subsection (b)(1)(G) of this section is required only
28-1 when applicable to the facts of the case. A failure to warn a
28-2 child under Subsection (b)(1)(E) of this section does not render a
28-3 statement made by the child inadmissible unless the child is
28-4 transferred to a criminal district court under Section 54.02 of
28-5 this code. A failure to warn a child under Subsection (b)(1)(F) or
28-6 Subsection (b)(1)(G) of this section does not render a statement
28-7 made by the child inadmissible unless the state proceeds against
28-8 the child on a petition approved by a grand jury under Section
28-9 53.045 of this code.
28-10 SECTION 5.08. Subsections (a), (c), and (d), Section 51.12,
28-11 Family Code, are amended to read as follows:
28-12 (a) A person who is under the jurisdiction of the juvenile
28-13 court may <Except after transfer to criminal court for prosecution
28-14 under Section 54.02 of this code, a child shall> not be detained in
28-15 or committed to a compartment of a jail or lockup in which adults
28-16 arrested for, charged with, or convicted of crime are detained or
28-17 committed, nor be permitted contact with such persons. This
28-18 subsection does not apply to a person:
28-19 (1) pending transfer to criminal court for prosecution
28-20 under Section 54.02 of this code, if the person is at least 17
28-21 years of age; or
28-22 (2) who is at least 18 years of age and who has been
28-23 taken into custody after having:
28-24 (A) escaped from a juvenile facility; or
28-25 (B) violated a condition of probation or parole.
29-1 (c) In each county, the judge of the juvenile court and the
29-2 members of the juvenile board shall personally inspect the
29-3 detention facilities at least annually and shall certify in writing
29-4 to the authorities responsible for operating and giving financial
29-5 support to the facilities and to the Texas Juvenile Probation
29-6 Commission that they are suitable or unsuitable for the detention
29-7 of children in accordance with:
29-8 (1) the requirements of Subsection (a) of this
29-9 section;
29-10 (2) the requirements of Subchapter A, Chapter 351,
29-11 Local Government Code, if the detention facility is a county jail;
29-12 and
29-13 (3) recognized professional standards for the
29-14 detention of children deemed appropriate by the board and<, which
29-15 may include> minimum standards promulgated by the Texas Juvenile
29-16 Probation Commission. The juvenile board shall annually provide to
29-17 the Texas Juvenile Probation Commission a copy of the standards
29-18 used under this section.
29-19 (d) A person who is under jurisdiction of a juvenile court
29-20 may not <No child shall> be placed in a facility that has not been
29-21 certified under Subsection (c) of this section as suitable for the
29-22 detention of children. A person <child> detained in violation of
29-23 this subsection is <a facility that has not been certified under
29-24 Subsection (c) of this section as suitable for the detention of
29-25 children shall be> entitled to immediate release from custody in
30-1 that facility.
30-2 SECTION 5.09. Subsections (b) and (c), Section 51.14, Family
30-3 Code, are amended to read as follows:
30-4 (b) All files and records of a public or private agency or
30-5 institution providing supervision of a child by arrangement of the
30-6 juvenile court or having custody of the child under order of the
30-7 juvenile court are open to inspection only by:
30-8 (1) the professional staff or consultants of the
30-9 agency or institution, including other youth-serving public or
30-10 private agencies with which the agency or institution has entered
30-11 into a confidentiality agreement;
30-12 (2) the judge, probation officers, and professional
30-13 staff or consultants of the juvenile court;
30-14 (3) an attorney for the child;
30-15 (4) with leave of the juvenile court, any other
30-16 person, agency, or institution having a legitimate interest in the
30-17 work of the agency or institution; <or>
30-18 (5) the institutional division of the Texas Department
30-19 of Criminal Justice <Corrections>, the Department of Public Safety,
30-20 and the Texas Juvenile Probation Commission, for the purpose of
30-21 maintaining statistical records of recidivism, and for diagnosis
30-22 and classification; or
30-23 (6) a law-enforcement agency for the purpose of:
30-24 (A) identifying a child taken into custody for
30-25 delinquent conduct or conduct indicating a need for supervision; or
31-1 (B) determining a child's location, status, or
31-2 supervising authority.
31-3 (c) Except as provided by this subsection, law-enforcement
31-4 files and records concerning a child shall be kept separate from
31-5 files and records of arrests of adults. Copies of the
31-6 law-enforcement files and records may <and shall> be maintained
31-7 locally, but the original files and records shall be <on a local
31-8 basis only and not> sent to a central state <or federal> depository
31-9 maintained under Section 51.1501 of this code by the Department of
31-10 Public Safety of the State of Texas. The law-enforcement files and
31-11 records of a person who is transferred from the Texas Youth
31-12 Commission to the institutional division of the Texas Department of
31-13 Criminal Justice <Corrections> under a determinate sentence may be
31-14 transferred to a central state or federal depository for adult
31-15 records on or after the date of transfer. If a child has been
31-16 reported as missing by a parent, guardian, or conservator of that
31-17 child, has escaped from the custody of a juvenile detention
31-18 facility, the Texas Youth Commission, or any other agency to which
31-19 the child has been committed, or is the subject of a bench warrant
31-20 or felony arrest warrant issued by a court after the child has fled
31-21 the jurisdiction of the court, any information or records
31-22 concerning that child may be transferred to and disseminated by the
31-23 Texas Crime Information Center and the National Crime Information
31-24 Center.
31-25 SECTION 5.10. Subsections (a), (b), (c), (e), and (f),
32-1 Section 51.15, Family Code, as amended by Chapters 385, 515, and
32-2 576, Acts of the 70th Legislature, Regular Session, 1987, are
32-3 amended to read as follows:
32-4 (a) No child may be fingerprinted without the consent of the
32-5 juvenile court except as provided by this subsection or by
32-6 Subsections (f) and (i) of this section. A child's fingerprints
32-7 may be taken and filed by a law-enforcement officer investigating a
32-8 case if<:>
32-9 <(1)> the child is <15 years of age or older and is>
32-10 referred to the juvenile court for conduct that constitutes a <any>
32-11 felony<;> or a misdemeanor punishable by confinement in jail
32-12 <(2) the child is under 15 years of age and is
32-13 referred to the juvenile court for a felony listed in Section
32-14 53.045(a) of this code>.
32-15 (b) Except as provided in Subsections (h) and (i) of this
32-16 section, no child taken into custody may be photographed without
32-17 the consent of the juvenile court unless<:>
32-18 <(1)> the child is <15 years of age or older and is>
32-19 referred to the juvenile court for conduct that constitutes a
32-20 felony<;> or a misdemeanor punishable by confinement in jail
32-21 <(2) the child is under 15 years of age and is
32-22 referred to the juvenile court for a felony listed in Section
32-23 53.045(a) of this code>.
32-24 (c) Except as provided by this subsection, fingerprint and
32-25 photograph files or records of children shall be kept separate
33-1 from those of adults<,> and shall be treated as provided for
33-2 law-enforcement files and records under Section 51.14(c) of this
33-3 code <fingerprints or photographs known to be those of a child
33-4 shall be maintained on a local basis only and not sent to a central
33-5 state or federal depository>. The <However,> fingerprint and
33-6 photograph files or records of a person who is transferred from the
33-7 Texas Youth Commission to the institutional division of the Texas
33-8 Department of Criminal Justice <Corrections> under Section 54.11 of
33-9 this code <a determinate sentence> may be transferred to adult
33-10 records on or after the date of transfer. A person's <If a child
33-11 has been reported as missing by a parent, guardian, or conservator
33-12 of that child or a child has escaped from the custody of a juvenile
33-13 detention facility, the Texas Youth Commission, or any other agency
33-14 to which the child has been committed, the child's> fingerprints
33-15 and photograph may be sent to and indexed into the files of the
33-16 Department of Public Safety and the Federal Bureau of Investigation
33-17 to aid in the location and identification of the person if the
33-18 person:
33-19 (1) is younger than 18 years of age and has been
33-20 reported as missing by a parent, guardian, or conservator of that
33-21 child;
33-22 (2) is a child who has escaped from the custody of a
33-23 juvenile detention facility to which the child has been committed;
33-24 or
33-25 (3) has escaped from the custody of the Texas Youth
34-1 Commission <child>.
34-2 (e) A child's fingerprints and photographs that are not
34-3 transferred under Subsection (c) of this section shall be removed
34-4 from files or records and destroyed if:
34-5 (1) a petition alleging that the child engaged in
34-6 delinquent conduct or conduct indicating a need for supervision is
34-7 not filed, or the proceedings are dismissed after a petition is
34-8 filed, or the child is found not to have engaged in the alleged
34-9 conduct;
34-10 (2) the person reaches 23 <18> years of age<, is not
34-11 subject to commitment to the Texas Youth Commission or to transfer
34-12 under a determinate sentence to the Texas Department of
34-13 Corrections,> and there is no record that the person <he> committed
34-14 a criminal offense after reaching 17 years of age; or
34-15 (3) the person was committed to the Texas Youth
34-16 Commission, the person is at least 23 years of age <older than 18
34-17 years>, at least three years have elapsed after the person's
34-18 release from commitment, and there is no evidence that the person
34-19 <he> committed a criminal offense after the release.
34-20 (f) If latent fingerprints are found during the
34-21 investigation of an offense, and a law-enforcement officer has
34-22 reasonable cause to believe that they are those of a particular
34-23 child, if otherwise authorized by law, he may fingerprint the child
34-24 regardless of the age or offense for purpose of immediate
34-25 comparison with the latent fingerprints. If the comparison is
35-1 negative, the fingerprint card and other copies of the fingerprints
35-2 taken shall be destroyed immediately. If the comparison is
35-3 positive, and the child is referred to the juvenile court, the
35-4 fingerprint card and other copies of the fingerprints taken shall
35-5 be delivered to the court for disposition, except that one copy of
35-6 the fingerprints may be maintained locally as part of the
35-7 law-enforcement files and records for the child under Section
35-8 51.14(c) of this code. If the child is not referred to the court,
35-9 the fingerprint card and other copies of the fingerprints taken
35-10 shall be destroyed immediately.
35-11 SECTION 5.11. Chapter 51, Family Code, is amended by adding
35-12 Section 51.1501 to read as follows:
35-13 Sec. 51.1501. CENTRAL DEPOSITORY. (a) The department shall
35-14 maintain a central state depository for the files and records of
35-15 persons:
35-16 (1) taken into custody under Section 52.01 for conduct
35-17 constituting:
35-18 (A) a misdemeanor punishable by confinement in
35-19 jail; or
35-20 (B) a felony; and
35-21 (2) referred to juvenile court or who participated in
35-22 an informal adjustment program.
35-23 (b) The department's central depository shall contain:
35-24 (1) arrest records;
35-25 (2) case dispositions;
36-1 (3) fingerprints;
36-2 (4) photographs; and
36-3 (5) other information useful for the investigation and
36-4 prosecution of criminal activity by a criminal combination.
36-5 (c) Records maintained by the department in the depository
36-6 are subject to being sealed under Section 51.16. The department
36-7 shall maintain an index that identifies persons whose records have
36-8 been sealed under Section 51.16 and the court that has custody of
36-9 those records.
36-10 (d) The department may release information maintained under
36-11 this section to the following only:
36-12 (1) a law enforcement agency;
36-13 (2) a juvenile probation department;
36-14 (3) the Department of Protective and Regulatory
36-15 Services;
36-16 (4) the Texas Youth Commission;
36-17 (5) the Texas Juvenile Probation Commission;
36-18 (6) the attorney general;
36-19 (7) the Criminal Justice Policy Council;
36-20 (8) the Texas Department of Criminal Justice;
36-21 (9) an attorney representing a child who is a party to
36-22 a proceeding under this title, if a juvenile court determines that
36-23 the information is:
36-24 (A) material to a proceeding; and
36-25 (B) not privileged under law; or
37-1 (10) a defendant in a criminal proceeding who is:
37-2 (A) the subject of information maintained by the
37-3 department under this section; and
37-4 (B) entitled to the discovery of the information
37-5 under Chapter 39, Code of Criminal Procedure.
37-6 (e) A law enforcement agency or official may use information
37-7 received under Subsection (d) for the following purposes only:
37-8 (1) to identify a child;
37-9 (2) to determine a child's location, status, or
37-10 supervising authority; or
37-11 (3) for investigative or law enforcement purposes.
37-12 (f) An attorney representing a child may use information
37-13 received under Subsection (d) only for the child's defense in a
37-14 proceeding under this title.
37-15 (g) A defendant may use information received under
37-16 Subsection (d) only for the defendant's defense in a criminal
37-17 proceeding.
37-18 (h) In this section:
37-19 (1) "Combination" has the meaning assigned by Section
37-20 71.01, Penal Code.
37-21 (2) "Department" means the Department of Public Safety
37-22 of the State of Texas.
37-23 SECTION 5.12. Section 51.16, Family Code, is amended by
37-24 amending Subsections (a), (b), (c), (d), and (e) and adding
37-25 Subsections (m), (n), and (o) to read as follows:
38-1 (a) Except as otherwise provided by <Subsection (j) of> this
38-2 section, the juvenile court shall order the sealing of all files
38-3 and records, including records specified in Sections 51.14 and
38-4 51.15 of this code, of a person found to have engaged in delinquent
38-5 conduct or conduct indicating a need for supervision or a person
38-6 taken into custody to determine whether the person engaged in
38-7 delinquent conduct or conduct indicating a need for supervision <on
38-8 the application of a person who has been found to have engaged in
38-9 delinquent conduct or conduct indicating a need for supervision, or
38-10 a person taken into custody to determine whether he engaged in
38-11 delinquent conduct or conduct indicating a need for supervision, or
38-12 on the juvenile court's own motion, the court, after hearing,
38-13 shall order the sealing of the files and records in the case,
38-14 including those specified in Sections 51.14 and 51.15 of this
38-15 code>, if the court finds that:
38-16 (1) two years have elapsed since final discharge of
38-17 the person, or since the last official action in his case if there
38-18 was no adjudication;
38-19 (2) since the time specified in Subdivision (1) of
38-20 this subsection, he has not been convicted of a felony or a
38-21 misdemeanor involving moral turpitude or found to have engaged in
38-22 delinquent conduct or conduct indicating a need for supervision,
38-23 and no proceeding is pending seeking conviction or adjudication;
38-24 and
38-25 (3) it is unlikely the person will engage in further
39-1 delinquent conduct or conduct indicating a need for supervision or
39-2 will commit a felony or a misdemeanor involving moral turpitude.
39-3 (b) Before ordering the sealing of files and records under
39-4 Subsection (a) of this section, the court shall give the person who
39-5 is the subject of the files and records and any interested party
39-6 reasonable notice of the court's intent to seal the files and
39-7 records. An interested party who receives notice under this
39-8 section and who believes that the files and records should not be
39-9 sealed may file a motion with the court for a hearing. On receipt
39-10 of the motion or on the court's own motion, the court shall:
39-11 (1) notify the person who is the subject of the files
39-12 and records of the motion to deny the sealing of the files and
39-13 records;
39-14 (2) notify the appropriate interested parties; and
39-15 (3) schedule a hearing on the issue.
39-16 (c) The court may grant the relief authorized in Subsection
39-17 (a) of this section at any time after final discharge of the person
39-18 or after the last official action in his case if there was no
39-19 adjudication.
39-20 <(c) Reasonable notice of the hearing shall be given to:>
39-21 <(1) the person who made the application or who is the
39-22 subject of the files or records named in the motion;>
39-23 <(2) the prosecuting attorney for the juvenile court;>
39-24 <(3) the authority granting the discharge if the final
39-25 discharge was from an institution or from parole;>
40-1 <(4) the public or private agency or institution
40-2 having custody of files or records named in the application or
40-3 motion; and>
40-4 <(5) the law-enforcement agency having custody of
40-5 files or records named in the application or motion.>
40-6 (d) Copies of the sealing order shall be sent to each agency
40-7 or official <therein> named in the order.
40-8 (e) On entry of the order:
40-9 (1) all law-enforcement, prosecuting attorney, clerk
40-10 of court, and juvenile court files and records ordered sealed shall
40-11 be sent to the court issuing the order;
40-12 (2) all files and records of a public or private
40-13 agency or institution ordered sealed shall be sent to the court
40-14 issuing the order;
40-15 (3) all index references to the files and records
40-16 ordered sealed shall be deleted, except as provided by Subsection
40-17 (n) of this section;
40-18 (4) the juvenile court, clerk of court, prosecuting
40-19 attorney, public or private agency or institution, and
40-20 law-enforcement officers and agencies shall properly reply that no
40-21 record exists with respect to such person upon inquiry in any
40-22 matter; and
40-23 (5) the adjudication shall be vacated and the
40-24 proceeding dismissed and treated for all purposes, including the
40-25 purpose of showing a prior finding of delinquency, as if it had
41-1 never occurred.
41-2 (m) The institutional division of the Texas Department of
41-3 Criminal Justice may petition the juvenile court for copies of the
41-4 sealed files and records of a person in the custody of the
41-5 institutional division. The court may allow the institutional
41-6 division to obtain copies of sealed files and records only if the
41-7 court determines that the files and records contain information
41-8 relevant to the rehabilitation of a person in the custody of the
41-9 institutional division.
41-10 (n) On entry of an order sealing files and records under
41-11 this section, the juvenile court shall notify the Department of
41-12 Public Safety of the State of Texas of the name of the person whose
41-13 files and records are subject to the sealing order for the purposes
41-14 of Section 51.1501(d) of this code.
41-15 (o) In this section, "interested party" means:
41-16 (1) the prosecuting attorney for the juvenile court in
41-17 which the person's case was heard;
41-18 (2) the authority granting discharge of the person if
41-19 the final discharge was from an institution or from parole; or
41-20 (3) a public or private agency or institution,
41-21 including a law-enforcement agency, having custody of files or
41-22 records subject to sealing.
41-23 SECTION 5.13. Section 51.17, Family Code, is amended to
41-24 read as follows:
41-25 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
42-1 burden of proof to be borne by the state in adjudicating a child to
42-2 be delinquent or in need of supervision under Section 54.03(f) or
42-3 otherwise when in conflict with a provision of this title, the
42-4 Texas Rules of Civil Procedure govern proceedings under this title.
42-5 (b) Discovery in a proceeding under this title is governed
42-6 by the Rules of Criminal Procedure.
42-7 (c) Except as otherwise provided by this title, the Texas
42-8 Rules of Criminal Evidence apply in a judicial proceeding under
42-9 this title. <Particular reference is made to the burden of proof
42-10 to be borne by the state in adjudicating a child to be delinquent
42-11 or in need of supervision (Section 54.03(f)).>
42-12 SECTION 5.14. Section 53.01, Family Code, is amended to read
42-13 as follows:
42-14 Sec. 53.01. PRELIMINARY INVESTIGATION AND DETERMINATIONS;
42-15 NOTICE TO PARENTS. (a) On referral of a person presumed to be a
42-16 child or the person's <a child's> case to the office or official
42-17 designated by the juvenile court, the intake officer, probation
42-18 officer, or other person authorized by the court shall conduct a
42-19 preliminary investigation to determine whether:
42-20 (1) the person referred to juvenile court is a child
42-21 within the meaning of this title;
42-22 (2) there is probable cause to believe the child
42-23 engaged in delinquent conduct or conduct indicating a need for
42-24 supervision; <and>
42-25 (3) there is reason to believe the child has a mental
43-1 impairment; and
43-2 (4) further proceedings in the case are in the
43-3 interest of the child or the public.
43-4 (b) If it is determined that the person is not a child
43-5 within the meaning of this title because the person is younger than
43-6 age 10, the person shall be referred to the Texas Department of
43-7 Mental Health and Mental Retardation for services to be provided
43-8 pursuant to Section 34.54 of this code.
43-9 (c) If it is determined that<, or> there is no probable
43-10 cause, or further proceedings are not warranted, the child shall
43-11 immediately be released and proceedings terminated.
43-12 (d) <(c)> When custody of a child is given to the office or
43-13 official designated by the juvenile court, the intake officer,
43-14 probation officer, or other person authorized by the court shall
43-15 promptly give notice of the whereabouts of the child and a
43-16 statement of the reason he was taken into custody to the child's
43-17 parent, guardian, or custodian unless the notice given under
43-18 Section 52.02(b) of this code provided fair notice of the child's
43-19 present whereabouts.
43-20 (e) Unless the juvenile board approves a procedure proposed
43-21 by the office of prosecuting attorney and chief juvenile probation
43-22 officer which provides otherwise, if it is determined that the
43-23 person is a child and that there is probable cause to believe the
43-24 child engaged in delinquent conduct of the grade of a felony, the
43-25 case shall be promptly forwarded to the office of the prosecuting
44-1 attorney, accompanied by:
44-2 (1) all documents that accompanied the current
44-3 referral; and
44-4 (2) a summary of all prior referrals of the child to
44-5 the juvenile court, juvenile probation department, or juvenile
44-6 detention facility.
44-7 (f) If a juvenile board adopts an alternative referral plan
44-8 under Subsection (e) of this section, the board shall register the
44-9 plan with the Texas Juvenile Probation Commission.
44-10 SECTION 5.15. Chapter 53, Family Code, is amended by adding
44-11 Section 53.012 to read as follows:
44-12 Sec. 53.012. REVIEW BY PROSECUTOR. (a) The prosecuting
44-13 attorney shall promptly review the circumstances and allegations of
44-14 a referral made under Section 53.01 for legal sufficiency and the
44-15 desirability of prosecution.
44-16 (b) If the prosecuting attorney does not file a petition
44-17 requesting the adjudication of the child referred to the
44-18 prosecuting attorney, the prosecuting attorney shall:
44-19 (1) terminate all proceedings, if the reason is for
44-20 lack of probable cause; or
44-21 (2) return the referral to the juvenile court for
44-22 further proceedings under this title.
44-23 SECTION 5.16. The heading of Section 53.045, Family Code, is
44-24 amended to read as follows:
44-25 Sec. 53.045. VIOLENT AND HABITUAL OFFENDER ACT <REFERRAL TO
45-1 GRAND JURY>.
45-2 SECTION 5.17. Subsection (a), Section 53.045, Family Code,
45-3 is amended to read as follows:
45-4 (a) Except as provided by Subsection (e) of this section,
45-5 the prosecuting attorney may refer the petition to the grand jury
45-6 of the county in which the court in which the petition is filed
45-7 presides if the petition alleges:
45-8 (1) that the child engaged in delinquent conduct that
45-9 included the violation of any of the following provisions of the
45-10 Penal Code:
45-11 (A) <(1)> Section 19.02 (murder);
45-12 (B) <(2)> Section 19.03 (capital murder);
45-13 (C) <(3)> Section 20.04 (aggravated kidnapping);
45-14 (D) <(4)> Section 22.021 (aggravated sexual
45-15 assault);
45-16 (E) Section 29.03 (aggravated robbery);
45-17 (F) Section 22.02 (aggravated assault);
45-18 (G) Section 19.04 (manslaughter);
45-19 (H) Section 49.08 (intoxication manslaughter);
45-20 (I) <(5) Section 22.03 (deadly assault on a law
45-21 enforcement officer, corrections officer, or court participant); or>
45-22 <(6)> Section 15.01 (criminal attempt), if the offense
45-23 attempted was an offense under Section 19.02 (murder) or Section
45-24 19.03 (capital murder); or
45-25 (J) Section 22.04, except state jail felony
46-1 classification (injury to a child, elderly individual, or disabled
46-2 individual); or
46-3 (2) that:
46-4 (A) the child engaged in conduct that violates a
46-5 penal law of the grade of felony, other than a state jail felony;
46-6 (B) the child has at least two previous final
46-7 adjudications for conduct violating a penal law of the grade of
46-8 felony; and
46-9 (C) at least one of the previous final
46-10 adjudications described by Paragraph (B) of this subdivision is for
46-11 conduct that occurred after the date a previous adjudication
46-12 described by Paragraph (B) of this subdivision was rendered, if
46-13 that adjudication became final.
46-14 SECTION 5.18. Subsections (h) and (i), Section 54.01, Family
46-15 Code, are amended to read as follows:
46-16 (h) A detention order extends to the conclusion of the
46-17 disposition hearing, if there is one, but in no event for more than
46-18 10 working days. Further detention orders may be made following
46-19 subsequent detention hearings. Subsequent detention hearings may
46-20 be waived in accordance with the requirements of Section 51.09 of
46-21 this code, but each detention order shall extend for no more than
46-22 10 working days.
46-23 (i) A child in custody may be detained for as long as 10
46-24 working days without the hearing described in Subsection (a) of
46-25 this section if:
47-1 (1) a written request for shelter in detention
47-2 facilities pending arrangement of transportation to his place of
47-3 residence in another state or country or another county of this
47-4 state is voluntarily executed by the child not later than the next
47-5 working day after he was taken into custody;
47-6 (2) the request for shelter contains:
47-7 (A) a statement by the child that he voluntarily
47-8 agrees to submit himself to custody and detention for a period of
47-9 not longer than 10 working days without a detention hearing;
47-10 (B) an allegation by the person detaining the
47-11 child that the child has left his place of residence in another
47-12 state or country or another county of this state, that he is in
47-13 need of shelter, and that an effort is being made to arrange
47-14 transportation to his place of residence; and
47-15 (C) a statement by the person detaining the
47-16 child that he has advised the child of his right to demand a
47-17 detention hearing under Subsection (a) of this section; and
47-18 (3) the request is signed by the juvenile court judge
47-19 to evidence his knowledge of the fact that the child is being held
47-20 in detention.
47-21 SECTION 5.19. Chapter 54, Family Code, is amended by adding
47-22 Section 54.011 to read as follows:
47-23 Sec. 54.011. INTERACTIVE RECORDING OF DETENTION HEARING.
47-24 (a) A detention hearing under Section 54.01, other than the first
47-25 detention hearing, may be held using video equipment if:
48-1 (1) the child and the child's attorney agree to the
48-2 video hearing; and
48-3 (2) the parties to the proceeding have the opportunity
48-4 to cross-examine witnesses.
48-5 (b) A detention hearing may not be held using video
48-6 equipment unless the video equipment for the hearing provides for a
48-7 two-way communication of image and sound among the child, the
48-8 court, and other parties at the hearing.
48-9 (c) A recording of the communications shall be made. The
48-10 recording shall be preserved until the earliest of:
48-11 (1) the 91st day after the date on which the recording
48-12 is made if the child is alleged to have engaged in conduct
48-13 constituting a misdemeanor;
48-14 (2) the 120th day after the date on which the
48-15 recording is made if the child is alleged to have engaged in
48-16 conduct constituting a felony; or
48-17 (3) the date on which the adjudication hearing ends.
48-18 (d) An attorney for the child may obtain a copy of the
48-19 recording on payment of the reasonable costs of reproducing the
48-20 copy.
48-21 SECTION 5.20. Subsections (b), (c), (d), (f), and (g),
48-22 Section 54.021, Family Code, are amended to read as follows:
48-23 (b) A justice court may exercise jurisdiction over a person
48-24 <child> alleged to have engaged in conduct indicating a need for
48-25 supervision by engaging in conduct described in Section 51.03(b)(2)
49-1 in a case where the juvenile court has waived its original
49-2 jurisdiction under this section. A justice court may exercise
49-3 jurisdiction under this section without regard to whether the
49-4 justice of the peace for the court is a licensed attorney or the
49-5 hearing for a case is before a jury consisting of six persons.
49-6 (c) On a finding that a person <child> has engaged in
49-7 conduct described by Section 51.03(b)(2), the justice court shall
49-8 enter an order appropriate to the nature of the conduct.
49-9 (d) On a finding by the justice court that the person
49-10 <child> has engaged in truant conduct and that the conduct is of a
49-11 recurrent nature, the court may enter an order that includes one or
49-12 more of the following provisions requiring that:
49-13 (1) the person <child> attend a preparatory class for
49-14 the high school equivalency examination provided under Section
49-15 11.35, Education Code, if the court determines that the person
49-16 <child> is too old to do well in a formal classroom environment;
49-17 (2) the person <child> attend a special program that
49-18 the court determines to be in the best interests of the person
49-19 <child>, including an alcohol and drug abuse program;
49-20 (3) the person <child> and the person's <child's>
49-21 parents, managing conservator, or guardian attend a class for
49-22 students at risk of dropping out of school designed for both the
49-23 person <child> and the person's <child's> parents, managing
49-24 conservator, or guardian;
49-25 (4) the person <child> complete reasonable community
50-1 service requirements;
50-2 (5) the person's <child's> driver's license be
50-3 suspended in the manner provided by Section 54.042 of this code;
50-4 (6) the person <child> attend school without unexcused
50-5 absences; or
50-6 (7) the person <child> participate in a tutorial
50-7 program provided by the school attended by the person <child> in
50-8 the academic subjects in which the person <child> is enrolled for a
50-9 total number of hours ordered by the court.
50-10 (f) A school attendance officer may refer a person <child>
50-11 alleged to have engaged in conduct described in Section 51.03(b)(2)
50-12 of this code to the justice court in the precinct where the person
50-13 <child> resides or in the precinct where the person's <child's>
50-14 school is located if the juvenile court having exclusive original
50-15 jurisdiction has waived its jurisdiction as provided by Subsection
50-16 (a) of this section for all cases involving conduct described by
50-17 Section 51.03(b)(2) of this code.
50-18 (g) A court having jurisdiction under this section shall
50-19 endorse on the summons issued to the parent, guardian, or custodian
50-20 of the person <child> who is the subject of the hearing an order
50-21 directing the parent, guardian, or custodian to appear personally
50-22 at the hearing and directing the person having custody of the
50-23 person <child> to bring the person <child> to the hearing.
50-24 SECTION 5.21. Subsection (d), Section 54.03, Family Code, is
50-25 amended to read as follows:
51-1 (d) Except as provided by Section 54.031 of this chapter,
51-2 only material, relevant, and competent evidence in accordance with
51-3 the Texas Rules of Criminal Evidence <requirements for the trial of
51-4 civil cases> may be considered in the adjudication hearing. Except
51-5 in a detention or discretionary transfer hearing, a social history
51-6 report or social service file shall not be viewed by the court
51-7 before the adjudication decision and shall not be viewed by the
51-8 jury at any time.
51-9 SECTION 5.22. Section 54.04, Family Code, is amended by
51-10 amending Subsections (a), (d), (e), (g), (h), and (k) and adding
51-11 Subsection (m) to read as follows:
51-12 (a) The disposition hearing shall be separate, distinct, and
51-13 subsequent to the adjudication hearing. There is no right to a
51-14 jury at the disposition hearing unless the child is in jeopardy of
51-15 a determinate sentence under Subsection (d)(3) or (m) of this
51-16 section, in which case, the child is entitled to a jury of 12
51-17 persons to determine the sentence.
51-18 (d) If the court or jury makes the finding specified in
51-19 Subsection (c) of this section allowing the court to make a
51-20 disposition in the case:
51-21 (1) the court or jury may, in addition to any order
51-22 required or authorized under Section 54.041 or 54.042 of this code,
51-23 place the child on probation on such reasonable and lawful terms as
51-24 the court may determine:
51-25 (A) in his own home or in the custody of a
52-1 relative or other fit person; or
52-2 (B) subject to the finding under Subsection (c)
52-3 of this section on the placement of the child outside the child's
52-4 home, in:
52-5 (i) a suitable foster home; or
52-6 (ii) a suitable public or private
52-7 institution or agency, except the Texas Youth Commission;
52-8 (2) if the court or jury found at the conclusion of
52-9 the adjudication hearing that the child engaged in delinquent
52-10 conduct and if the petition was not approved by the grand jury
52-11 under Section 53.045 of this code, the court may commit the child
52-12 to the Texas Youth Commission without a determinate sentence; <or>
52-13 (3) if the court or jury found at the conclusion of
52-14 the adjudication hearing that the child engaged in delinquent
52-15 conduct that included a violation of a penal law listed in Section
52-16 53.045(a) of this code and if the petition was approved by the
52-17 grand jury under Section 53.045 of this code, the court or jury may
52-18 sentence the child to commitment in the Texas Youth Commission with
52-19 a transfer to the institutional division of the Texas Department of
52-20 Criminal Justice for a <any> term of:
52-21 (A) <years> not more than 60 years or less than
52-22 10 years, if the conduct constitutes a capital felony;
52-23 (B) not more than 40 years or less than 3 years,
52-24 if the conduct constitutes a felony of the first degree;
52-25 (C) not more than 20 years or less than 2 years,
53-1 if the conduct constitutes a felony of the second degree; or
53-2 (D) not more than 10 years or less than 1 year,
53-3 if the conduct constitutes a felony of the third degree; or
53-4 (4) if applicable, the court or jury may make a
53-5 disposition under Subsection (m) of this section <to exceed 40
53-6 years>.
53-7 (e) The Texas Youth Commission shall accept a person <child>
53-8 properly committed to it by a juvenile court even though the person
53-9 <child> may be 17 years of age or older at the time of commitment.
53-10 (g) If the court orders a disposition under Subsection
53-11 (d)(3) or (m) of this section and there is an affirmative finding
53-12 that the defendant used or exhibited a deadly weapon during the
53-13 commission of the conduct or during immediate flight from
53-14 commission of the conduct, the court shall enter the finding in the
53-15 order. If there is an affirmative finding that the deadly weapon
53-16 was a firearm, the court shall enter that finding in the order.
53-17 (h) At the conclusion of the dispositional hearing, the
53-18 court shall inform the child of:
53-19 (1) the child's <his> right to appeal, as required by
53-20 Section 56.01 of this code; and
53-21 (2) the procedures for the sealing of the child's
53-22 records under Section 51.16 of this code.
53-23 (k) The period to which a court or jury may sentence a
53-24 person <child> to commitment to the Texas Youth Commission with a
53-25 transfer to the Texas Department of Criminal Justice under
54-1 Subsection (d)(3) of this section applies without regard to whether
54-2 the person <child> has previously been adjudicated as having
54-3 engaged in delinquent conduct.
54-4 (m) The court or jury may sentence a child adjudicated for
54-5 conduct constituting a felony other than a state jail felony to a
54-6 term prescribed by Subsection (d)(3) of this section if:
54-7 (1) a petition was filed and approved by a grand jury
54-8 under Section 53.045 of this code alleging that:
54-9 (A) the child engaged in the felony conduct;
54-10 (B) the child has at least two previous final
54-11 adjudications for conduct violating a penal law of the grade of
54-12 felony; and
54-13 (C) at least one of the previous adjudications
54-14 is for conduct described by Paragraph (B) of this subdivision that
54-15 occurred after the date a previous adjudication described by
54-16 Paragraph (B) of this subdivision was rendered, if that
54-17 adjudication became final; and
54-18 (2) the court or jury finds beyond a reasonable doubt
54-19 that the allegations described by Subdivision (1) of this
54-20 subsection in the grand jury petition are true.
54-21 SECTION 5.23. Subsections (b), (c), (d), and (e), Section
54-22 54.041, Family Code, are amended to read as follows:
54-23 (b) If a child is found to have engaged in delinquent
54-24 conduct arising from the commission of an offense in which property
54-25 damage or loss or personal injury occurred, the juvenile court, on
55-1 notice to all persons affected and on hearing, may order the child
55-2 or a parent to make full or partial restitution to the victim of
55-3 the offense. The program of restitution must promote the
55-4 rehabilitation of the child, be appropriate to the age and
55-5 physical, emotional, and mental abilities of the child, and not
55-6 conflict with the child's schooling. When practicable and subject
55-7 to court supervision, the court may approve a restitution program
55-8 based on a settlement between the child and the victim of the
55-9 offense. An order under this subsection may provide for periodic
55-10 payments by the child or a parent of the child for the period
55-11 specified in the order but that period may not extend past the 18th
55-12 birthday of the child.
55-13 (c) In addition to or in lieu of restitution, a juvenile <If
55-14 the child or parent is unable to make full or partial restitution
55-15 or if a restitution order is not appropriate under the
55-16 circumstances, the> court may order a <the> child found to have
55-17 engaged in delinquent conduct to render community service <personal
55-18 services to a charitable or educational institution in the manner
55-19 prescribed in the court order in lieu of restitution>. The court
55-20 may also order under this subsection that the child's parent
55-21 perform community service with the child.
55-22 (d) Restitution under this section is cumulative of any
55-23 other remedy allowed by law and may be used in addition to other
55-24 remedies; except that a victim of an offense is not entitled to
55-25 receive more than actual damages under a juvenile court order.
56-1 (e) A city, town, or county that establishes a program to
56-2 assist children and their parents in rendering community service
56-3 <personal services to a charitable or educational institution> as
56-4 authorized by Subsection (c) of this section <this subsection> may
56-5 purchase insurance policies protecting the city, town, or county
56-6 against claims brought by a person other than the child or the
56-7 child's parent for a cause of action that arises from an act of the
56-8 child or parent while rendering those services. The city, town, or
56-9 county is not liable under this Act to the extent that damages are
56-10 recoverable under a contract of insurance or under a plan of
56-11 self-insurance authorized by statute. The liability of the city,
56-12 town, or county for a cause of action that arises from an action of
56-13 the child or the child's parent while rendering those services may
56-14 not exceed $100,000 to a single person and $300,000 for a single
56-15 occurrence in the case of personal injury or death, and $10,000 for
56-16 a single occurrence of property damage. Liability may not extend
56-17 to punitive or exemplary damages. This subsection does not waive a
56-18 defense, immunity, or jurisdictional bar available to the city,
56-19 town, or county or its officers or employees, nor shall this Act be
56-20 construed to waive, repeal, or modify any provision of Chapter 101,
56-21 Civil Practice and Remedies Code <the Texas Tort Claims Act, as
56-22 amended (Article 6252-19, Vernon's Texas Civil Statutes)>.
56-23 (f) <(c)> A person subject to an order proposed under
56-24 Subsection (a) or (c) of this section is entitled to a hearing on
56-25 the order before the order is entered by the court.
57-1 (g) <(d)> An order made under this section may be enforced
57-2 as provided by Section 54.07 of this code.
57-3 (h) <(e)> If a child is found to have engaged in conduct
57-4 indicating a need for supervision described under Section
57-5 51.03(b)(2) of this code, the court may order the child's parents
57-6 or guardians to attend a class provided under Section 21.035(h),
57-7 Education Code, if the school district in which the child's parents
57-8 or guardians reside offers a class under that section.
57-9 SECTION 5.24. Chapter 54, Family Code, is amended by adding
57-10 Section 54.051 to read as follows:
57-11 Sec. 54.051. MODIFICATION OF DISPOSITION AFTER COMMITMENT.
57-12 (a) The juvenile court may modify under this section a disposition
57-13 of a child committed to the Texas Youth Commission only if the
57-14 child was:
57-15 (1) committed to the Texas Youth Commission under
57-16 Section 54.04; and
57-17 (2) returned from the Texas Youth Commission to the
57-18 juvenile court under Section 54.12.
57-19 (b) On return of the child to the court under this section,
57-20 the court may modify the disposition in a manner the court
57-21 determines appropriate to the circumstances and needs of the child,
57-22 including placing the child on probation under Section 54.04(d)(1).
57-23 SECTION 5.25. Chapter 54, Family Code, is amended by adding
57-24 Section 54.055 to read as follows:
57-25 Sec. 54.055. CLERK TO SUBMIT DISPOSITION INFORMATION. Not
58-1 later than the 60th day after the date an order is entered in the
58-2 disposition of a case under Section 54.04 or 54.05, the clerk of
58-3 the court that issued the order shall transmit to the Department of
58-4 Public Safety of the State of Texas information relating to the
58-5 disposition of the case. The clerk shall include:
58-6 (1) the name of the child;
58-7 (2) the names of the child's parents or guardian;
58-8 (3) a description of the conduct for which the child
58-9 was adjudicated; and
58-10 (4) the disposition made in the case.
58-11 SECTION 5.26. Section 54.11, Family Code, is amended to read
58-12 as follows:
58-13 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
58-14 a referral <notice required> under Section 61.079(a), Human
58-15 Resources Code, for <of> the transfer to the institutional division
58-16 of the Texas Department of Criminal Justice <Corrections> of a
58-17 person committed to the Texas Youth Commission under Section
58-18 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
58-19 receipt of a request by the commission under Section 61.081(f),
58-20 Human Resources Code, for approval of the release under supervision
58-21 of a person committed to the commission under Section 54.04(d)(3),
58-22 54.04(m), or 54.05(f) <a determinate sentence>, the court shall set
58-23 a time and place for a hearing on the release of the person.
58-24 (b) The court shall notify the following of the time and
58-25 place of the hearing:
59-1 (1) the person to be transferred or released under
59-2 supervision;
59-3 (2) the parents of the person;
59-4 (3) any legal custodian of the person, including the
59-5 Texas Youth Commission;
59-6 (4) the office of the prosecuting attorney that
59-7 represented the state in the juvenile delinquency proceedings;
59-8 (5) the victim of the offense that was included in the
59-9 delinquent conduct that was a ground for the disposition, or a
59-10 member of the victim's family; and
59-11 (6) any other person who has filed a written request
59-12 with the court to be notified of a release hearing with respect to
59-13 the person to be transferred or released under supervision.
59-14 (c) Except for the person to be transferred or released
59-15 under supervision and the prosecuting attorney, the failure to
59-16 notify a person listed in Subsection (b) of this section does not
59-17 affect the validity of a <release> hearing conducted or <a release>
59-18 determination made under this section if the record in the case
59-19 reflects that the whereabouts of the persons who did not receive
59-20 notice were unknown to the court and a reasonable effort was made
59-21 by the court to locate those persons.
59-22 (d) At a <release> hearing under this section the court may
59-23 consider written reports from probation officers, professional
59-24 court employees, or professional consultants, in addition to the
59-25 testimony of witnesses. At least one day before the <release>
60-1 hearing, the court shall provide the attorney for the person to be
60-2 transferred or released under supervision with access to all
60-3 written matter to be considered by the court.
60-4 (e) At the <any release> hearing, the person to be
60-5 transferred or released under supervision is entitled to an
60-6 attorney, to examine all witnesses against him, to present
60-7 evidence and oral argument, and to previous examination of all
60-8 reports on and evaluations and examinations of or relating to him
60-9 that may be used in the hearing.
60-10 (f) A <release> hearing under this section is open to the
60-11 public unless the person to be transferred or released under
60-12 supervision waives a public hearing with the consent of his
60-13 attorney and the court.
60-14 (g) A <release> hearing under this section must be recorded
60-15 by a court reporter or by audio or video tape recording, and the
60-16 record of the hearing must be retained by the court for at least
60-17 two years after the date of the final determination on the transfer
60-18 or release of the person by the court.
60-19 (h) The <release> hearing on a person who is referred for
60-20 <the subject of a notice of> transfer under Section 61.079(a),
60-21 Human Resources Code, shall <must> be held not later than the 60th
60-22 day after the date the court receives the referral <before 30 days
60-23 before the person's 18th birthday>.
60-24 (i) On conclusion of the <release> hearing on a person who
60-25 is referred for <the subject of a notice of> transfer under Section
61-1 61.079(a), Human Resources Code, the court may order:
61-2 (1) the return <recommitment> of the person to the
61-3 Texas Youth Commission <without a determinate sentence>; or
61-4 (2) the transfer of the person to the custody of the
61-5 institutional division of the Texas Department of Criminal Justice
61-6 for the completion of the person's <determinate> sentence<; or>
61-7 <(3) the final discharge of the person>.
61-8 (j) On conclusion of the hearing on a person who is referred
61-9 for release under supervision under Section 61.081(f), Human
61-10 Resources Code, the court may order the return of the person to the
61-11 Texas Youth Commission:
61-12 (1) with approval for the release of the person under
61-13 supervision; or
61-14 (2) without approval for the release of the person
61-15 under supervision.
61-16 (k) In making a determination under this section, the court
61-17 may consider the experiences and character of the person before and
61-18 after commitment to the youth commission, the nature of the penal
61-19 offense that the person was found to have committed and the manner
61-20 in which the offense was committed, the abilities of the person to
61-21 contribute to society, the protection of the victim of the offense
61-22 or any member of the victim's family, the recommendations of the
61-23 youth commission and prosecuting attorney, the best interests of
61-24 the person, and any other factor relevant to the issue to be
61-25 decided.
62-1 SECTION 5.27. Chapter 54, Family Code, is amended by adding
62-2 Section 54.12 to read as follows:
62-3 Sec. 54.12. CRISIS POPULATION RELIEF TO ENSURE
62-4 LENGTH-OF-STAY MANDATES. (a) Except as provided by Subsection
62-5 (c), the Texas Youth Commission shall return a child to the
62-6 juvenile court that entered the order committing the child for
62-7 further proceedings under Section 54.051 when the number of
62-8 children committed to the commission exceeds the targeted level of
62-9 new commitments. The Texas Youth Commission shall immediately
62-10 notify the Texas Juvenile Probation Commission whenever the number
62-11 of commitments is less than 50 commitments below the targeted
62-12 level.
62-13 (b) The return of a child to the juvenile court by the Texas
62-14 Youth Commission under this section shall be made after an
62-15 evaluation of the seriousness of the child's adjudicated conduct.
62-16 The commission shall give priority to returning children to the
62-17 juvenile court whose adjudicated conduct constitutes a violation of
62-18 the least serious penal laws.
62-19 (c) The Texas Youth Commission may not return a child to the
62-20 juvenile court under this section if the child is committed or
62-21 sentenced to commitment for delinquent conduct prescribed by
62-22 Section 53.045(a).
62-23 (d) In this section:
62-24 (1) "Return of a child to the juvenile court" means a
62-25 child committed to the Texas Youth Commission after the statewide
63-1 cumulative total of actual commitments for any of the first six
63-2 months of the state fiscal year exceeds the targeted level by 50
63-3 commitments or, at any point during the year, exceeds the targeted
63-4 level by 100 commitments.
63-5 (2) "Targeted level of new commitments" means the key
63-6 performance target for annual commitments to the commission under
63-7 the General Appropriations Act for the Texas Juvenile Probation
63-8 Commission, projected by month to obtain a cumulative monthly
63-9 comparison with the number of actual commitments.
63-10 SECTION 5.28. Section 57.002, Family Code, is amended to
63-11 read as follows:
63-12 Sec. 57.002. VICTIM'S RIGHTS. A victim, guardian of a
63-13 victim, or close relative of a deceased victim is entitled to the
63-14 following rights within the juvenile justice system:
63-15 (1) the right to receive from law enforcement agencies
63-16 adequate protection from harm and threats of harm arising from
63-17 cooperation with prosecution efforts;
63-18 (2) the right to have the court or person appointed by
63-19 the court take the safety of the victim or the victim's family into
63-20 consideration as an element in determining whether the child should
63-21 be detained before the child's conduct is adjudicated;
63-22 (3) the right, if requested, to be informed of
63-23 relevant court proceedings and to be informed in a timely manner if
63-24 those court proceedings have been canceled or rescheduled;
63-25 (4) the right to be informed, when requested, by the
64-1 court or a person appointed by the court concerning the procedures
64-2 in the juvenile justice system, including general procedures
64-3 relating to the preliminary investigation and informal adjustment
64-4 of a case;
64-5 (5) the right to provide pertinent information to a
64-6 juvenile court conducting a disposition hearing concerning the
64-7 impact of the offense on the victim and the victim's family by
64-8 testimony, written statement, or any other manner before the court
64-9 renders its disposition;
64-10 (6) the right to receive information regarding
64-11 compensation to victims as provided by the Crime Victims
64-12 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
64-13 including information related to the costs that may be compensated
64-14 under that Act and the amount of compensation, eligibility for
64-15 compensation, and procedures for application for compensation under
64-16 that Act, the payment of medical expenses under Section 1, Chapter
64-17 299, Acts of the 63rd Legislature, Regular Session, 1973 (Article
64-18 4447m, Vernon's Texas Civil Statutes), for a victim of a sexual
64-19 assault, and when requested, to referral to available social
64-20 service agencies that may offer additional assistance;
64-21 (7) the right to be informed, upon request, of
64-22 procedures for release under supervision, to participate in the
64-23 release process, to be notified, if requested, of release
64-24 proceedings concerning the person <child>, to provide to the Texas
64-25 Youth Commission for inclusion in the person's <child's> file
65-1 information to be considered by the commission before the release
65-2 under supervision of the person <child>, and to be notified, if
65-3 requested, of the person's <child's> release;
65-4 (8) the right to be provided with a waiting area,
65-5 separate or secure from other witnesses, including the child
65-6 alleged to have committed the conduct and relatives of the child,
65-7 before testifying in any proceeding concerning the child, or, if a
65-8 separate waiting area is not available, other safeguards should be
65-9 taken to minimize the victim's contact with the child and the
65-10 child's relatives and witnesses, before and during court
65-11 proceedings;
65-12 (9) the right to prompt return of any property of the
65-13 victim that is held by a law enforcement agency or the attorney for
65-14 the state as evidence when the property is no longer required for
65-15 that purpose;
65-16 (10) the right to have the attorney for the state
65-17 notify the employer of the victim, if requested, of the necessity
65-18 of the victim's cooperation and testimony in a proceeding that may
65-19 necessitate the absence of the victim from work for good cause; and
65-20 (11) the right to be present at all public court
65-21 proceedings related to the conduct of the child, subject to the
65-22 approval of the court.
65-23 SECTION 5.29. Section 61.079, Human Resources Code, is
65-24 amended to read as follows:
65-25 Sec. 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
66-1 TRANSFER <REVIEW>. (a) After a child sentenced to commitment to
66-2 the commission under Section 54.04(d)(3), 54.04(m), or 54.05(f),
66-3 Family Code, becomes 16 years of age but before the child becomes
66-4 21 years of age, the commission may refer the child to the juvenile
66-5 court that entered the order of commitment for approval of the
66-6 child's transfer to the institutional division of the Texas
66-7 Department of Criminal Justice if:
66-8 (1) the child has not completed the sentence; and
66-9 (2) the child's conduct, regardless of whether the
66-10 child was released under supervision under Section 61.081,
66-11 indicates that the welfare of the community requires the transfer
66-12 <During the sixth month before the month in which a person
66-13 committed to the commission under a determinate sentence becomes 18
66-14 years old, the commission shall send to the juvenile court that
66-15 entered the order of commitment a notice of the person's transfer
66-16 to the Texas Department of Corrections if:>
66-17 <(1) the person will not have completed the sentence
66-18 before the person's 18th birthday; and>
66-19 <(2) the person has not been finally released by the
66-20 commission with the approval of the juvenile court that entered the
66-21 order of commitment>.
66-22 (b) The commission shall cooperate with the court on any
66-23 proceeding on the transfer <release> of the child <a person>.
66-24 SECTION 5.30. Subsections (f) and (g), Section 61.081, Human
66-25 Resources Code, are amended to read as follows:
67-1 (f) If a child <under the age of 18> is committed to the
67-2 commission under <a determinate sentence under> Section
67-3 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
67-4 the commission may not release the child under supervision without
67-5 approval of the juvenile court that entered the order of commitment
67-6 unless the child has served at least:
67-7 (1) 10 years, if the child was sentenced to commitment
67-8 for conduct constituting capital murder;
67-9 (2) 3 years, if the child was sentenced to commitment
67-10 for conduct constituting a felony of the first degree;
67-11 (3) 2 years, if the child was sentenced to commitment
67-12 for conduct constituting a felony of the second degree; or
67-13 (4) 1 year, if the child was sentenced to commitment
67-14 for conduct constituting a felony of the third degree.
67-15 (g) The commission may request the approval of the court
67-16 under this section at any time.
67-17 (h) <(g)> If the commission finds that a child has violated
67-18 an order under which the child is released under supervision, on
67-19 notice by any reasonable method to all persons affected, the
67-20 commission may order the child:
67-21 (1) to return to an institution;
67-22 (2) if the violation resulted in property damage or
67-23 personal injury:
67-24 (A) to make full or partial restitution to the
67-25 victim of the offense; or
68-1 (B) if the child is financially unable to make
68-2 full or partial restitution, to perform services for a charitable
68-3 or educational institution; or
68-4 (3) to comply with any other conditions the commission
68-5 considers appropriate.
68-6 SECTION 5.31. Section 61.084, Human Resources Code, is
68-7 amended to read as follows:
68-8 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
68-9 provided by Subsections (b) and (c), if a person is committed to
68-10 the commission under a determinate sentence under Section
68-11 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
68-12 the commission may not discharge the person from its custody
68-13 <before the person's 18th birthday without the approval of the
68-14 juvenile court that entered the order of commitment>.
68-15 (b) The commission shall discharge without a court hearing
68-16 a person committed to it for a determinate sentence under Section
68-17 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
68-18 who has not been transferred to the institutional division of the
68-19 Texas Department of Criminal Justice <or discharged> under a court
68-20 order on the date that the time spent by the person in detention in
68-21 connection with the committing case plus the time spent at the
68-22 Texas Youth Commission under the order of commitment equals the
68-23 period of the determinate sentence.
68-24 (c) The commission shall transfer to the institutional
68-25 division of the Texas Department of Criminal Justice a person who
69-1 is the subject of an order under Section 54.11(i)(2), Family Code,
69-2 transferring the person to the custody of the institutional
69-3 division of the Texas Department of Criminal Justice for the
69-4 completion of the person's determinate sentence.
69-5 (d) The commission shall transfer a person sentenced to
69-6 commitment for delinquent conduct constituting the offense of
69-7 capital murder to the institutional division of the Texas
69-8 Department of Criminal Justice on the person's 21st birthday to
69-9 serve at least the remainder of the minimum mandatory sentence if
69-10 the person has not:
69-11 (1) served at least 10 years of the person's sentence;
69-12 or
69-13 (2) been transferred or released under supervision by
69-14 court order.
69-15 (e) Except as provided by Subsection (f), the <The>
69-16 commission shall discharge from its custody a person not already
69-17 discharged or transferred on the person's 21st birthday.
69-18 (f) The commission may transfer a person who has been
69-19 sentenced to commitment under Section 54.04(d)(3), 54.04(m), or
69-20 54.05(f), Family Code, or who has been returned to the commission
69-21 under Section 54.11(i)(1), Family Code, to the custody of the
69-22 pardons and paroles division of the Texas Department of Criminal
69-23 Justice on the person's 21st birthday, if the person has not
69-24 already been discharged or transferred, to serve the remainder of
69-25 the person's sentence on parole as provided by Section 29, Article
70-1 42.18, Code of Criminal Procedure.
70-2 SECTION 5.32. Subchapter G, Chapter 61, Human Resources
70-3 Code, is amended by adding Section 61.0911 to read as follows:
70-4 Sec. 61.0911. COORDINATED STRATEGIC PLAN. The commission
70-5 shall biennially develop with the Texas Juvenile Probation
70-6 Commission a coordinated strategic plan as required by Section
70-7 141.0471.
70-8 SECTION 5.33. Subchapter C, Chapter 141, Human Resources
70-9 Code, is amended by adding Section 141.0471 to read as follows:
70-10 Sec. 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
70-11 JUSTICE SYSTEM. (a) The commission and the Texas Youth Commission
70-12 shall biennially develop a coordinated strategic plan which shall
70-13 guide, but not substitute for, the strategic plans developed
70-14 individually by the agencies.
70-15 (b) The plan shall:
70-16 (1) identify short-term and long-term policy goals;
70-17 (2) identify time frames and strategies for meeting
70-18 the goals identified under Subdivision (1);
70-19 (3) estimate population projections, including
70-20 projections of population characteristics;
70-21 (4) estimate short-term and long-term capacity,
70-22 programmatic, and funding needs;
70-23 (5) describe intensive service and surveillance parole
70-24 pilot programs to be jointly developed;
70-25 (6) include an evaluation of aftercare services
71-1 emphasizing concrete outcome measures, including recidivism and
71-2 educational progress;
71-3 (7) identify objective criteria for the various
71-4 decision points throughout the continuum of juvenile justice
71-5 services and sanctions to guard against disparate treatment of
71-6 minority youth; and
71-7 (8) identify cross-agency outcome measures by which to
71-8 evaluate the effectiveness of the system generally.
71-9 (c) Each agency shall by rule adopt the coordinated
71-10 strategic plan on or before December 1st of each odd-numbered year,
71-11 or before the adoption of the agencies' individual strategic plans,
71-12 whichever is earlier.
71-13 SECTION 5.34. Section 141.042, Human Resources Code, is
71-14 amended to read as follows:
71-15 Sec. 141.042. RULES GOVERNING JUVENILE BOARDS, PROBATION
71-16 DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES.
71-17 (a) The commission shall adopt reasonable rules that provide:
71-18 (1) minimum standards for personnel, staffing, case
71-19 loads, programs, facilities, record keeping, equipment, and other
71-20 aspects of the operation of a juvenile board that are necessary to
71-21 provide adequate and effective probation services;
71-22 (2) a code of ethics for probation officers and for
71-23 the enforcement of that code;
71-24 (3) appropriate educational, preservice and in-service
71-25 training, and certification standards for probation officers or
72-1 court-supervised community-based program personnel; and
72-2 (4) minimum standards for juvenile detention
72-3 facilities.
72-4 (b) In adopting the rules prescribed by Subsection (a), the
72-5 commission shall consider local information and evidence gathered
72-6 through public review and comment.
72-7 (c) The commission at least annually shall determine whether
72-8 each juvenile detention facility, including locally operated
72-9 post-adjudication facilities, is in compliance with the
72-10 commission's minimum standards. This subsection applies to
72-11 facilities used to detain a child before, during, and after the
72-12 adjudication of the child.
72-13 (d) The commission shall adopt guidelines for the informal
72-14 adjustment process prescribed by Section 53.03, Family Code, and
72-15 monitor informal adjustment programs established by juvenile boards
72-16 under Section 152.0007, Human Resources Code, for compliance with
72-17 the minimum standards.
72-18 (e) The commission shall develop for voluntary use by
72-19 juvenile probation departments a standard assessment tool for the
72-20 initial assessment of children under the jurisdiction of probation
72-21 departments. The commission shall give priority to training in the
72-22 use of this tool in any preservice or in-service training that the
72-23 commission provides for probation officers. The assessment tool
72-24 shall:
72-25 (1) facilitate assessment of a child's mental health,
73-1 family background, and level of education; and
73-2 (2) assist juvenile probation departments in
73-3 determining when a child in the department's jurisdiction is in
73-4 need of comprehensive psychological or other evaluation.
73-5 (f) The commission shall monitor compliance with alternative
73-6 referral programs adopted by juvenile boards under Section 53.01,
73-7 Family Code.
73-8 SECTION 5.35. Subchapter C, Chapter 141, Human Resources
73-9 Code, is amended by adding Section 141.0421 to read as follows:
73-10 Sec. 141.0421. REPORT TO LEGISLATURE. (a) Not later than
73-11 January 31, 1997, the commission shall report to the legislature
73-12 the commission's recommendations for improving the ability of the
73-13 commission to enforce compliance with the commission's minimum
73-14 standards for juvenile detention and other locally operated
73-15 detention facilities.
73-16 (b) The commission's report under Subsection (a) shall also
73-17 address the constitutional adequacy of juvenile detention
73-18 facilities and any other relevant issue pertaining to the health
73-19 and safety of persons detained in the facilities.
73-20 (c) In addition to the report required under Subsection (a),
73-21 the commission shall cooperate with the Texas Youth Commission in
73-22 developing a plan for the implementation of an intermediate
73-23 sanctions program for the commission's report required by law.
73-24 (d) This section expires September 1, 1997.
73-25 SECTION 5.36. Subsection (a), Section 141.085, Human
74-1 Resources Code, is amended to read as follows:
74-2 (a) The commission shall refuse, reduce, or suspend payment
74-3 of state aid to:
74-4 (1) a juvenile board that fails to comply with the
74-5 commission's rules or fails to maintain local financial support; or
74-6 (2) a county that fails to comply with the minimum
74-7 standards for juvenile detention and other locally operated
74-8 detention facilities adopted by the commission under Section
74-9 141.042.
74-10 SECTION 5.37. Section 152.0007, Human Resources Code, is
74-11 amended to read as follows:
74-12 Sec. 152.0007. DUTIES. (a) The juvenile board shall:
74-13 (1) establish a juvenile probation department and
74-14 employ personnel to conduct probation services, including a chief
74-15 probation officer and, if more than one officer is necessary,
74-16 assistant officers, who meet the standards set by the Texas
74-17 Juvenile Probation Commission; and
74-18 (2) operate or supervise juvenile services in the
74-19 county and make recommendations as to the need for and purchase of
74-20 services.
74-21 (b) The juvenile board shall establish guidelines for the
74-22 appropriate use of the informal adjustment process prescribed by
74-23 Section 53.03, Family Code, for children referred to juvenile court
74-24 for delinquent conduct or conduct indicating a need for
74-25 supervision. The guidelines shall prescribe the range of conduct
75-1 suitable for informal adjustment. In establishing guidelines under
75-2 this subsection, the board shall provide a continuum of progressive
75-3 sanctions and effectively address each incident of misconduct by a
75-4 child who participates in informal adjustment. The board is
75-5 encouraged to seek community assistance in the operation of an
75-6 informal adjustment program.
75-7 (c) The juvenile board shall establish guidelines for the
75-8 initial assessment of a child by the juvenile probation department.
75-9 The guidelines shall provide a means for assessing a child's mental
75-10 health status, family background, and level of education. The
75-11 guidelines shall assist the probation department in determining
75-12 whether a comprehensive psychological evaluation of the child
75-13 should be conducted. The board shall require that probation
75-14 department personnel use assessment information compiled by the
75-15 child's school, if the information is available, before conducting
75-16 a comprehensive psychological evaluation of the child. The board
75-17 may adopt all or part of the Texas Juvenile Probation Commission's
75-18 minimum standards for assessment under Section 141.042 in complying
75-19 with this subsection.
75-20 SECTION 5.38. Subsection (a), Section 461.012, Health and
75-21 Safety Code, is amended to read as follows:
75-22 (a) The commission shall:
75-23 (1) provide for research and study of the problems of
75-24 chemical dependency in this state and seek to focus public
75-25 attention on those problems through public information and
76-1 education programs;
76-2 (2) plan, develop, coordinate, evaluate, and implement
76-3 constructive methods and programs for the prevention, intervention,
76-4 treatment, and rehabilitation of chemical dependency in cooperation
76-5 with federal and state agencies, local governments, organizations,
76-6 and persons, and provide technical assistance, funds, and
76-7 consultation services for statewide and community-based services;
76-8 (3) cooperate with and enlist the assistance of:
76-9 (A) other state, federal, and local agencies;
76-10 (B) hospitals and clinics;
76-11 (C) public health, welfare, and criminal justice
76-12 system authorities;
76-13 (D) educational and medical agencies and
76-14 organizations; and
76-15 (E) other related public and private groups and
76-16 persons;
76-17 (4) do everything within its authority to expand
76-18 chemical dependency services for children, including children who
76-19 have engaged in conduct described by Section 51.03, Family Code,
76-20 <when funds are available> because of the long-term benefits of
76-21 those services to the state and its citizens, making expansion of
76-22 such services a priority of the commission;
76-23 (5) sponsor, promote, and conduct educational programs
76-24 on the prevention and treatment of chemical dependency, and
76-25 maintain a public information clearinghouse to purchase and provide
77-1 books, literature, audiovisuals, and other educational material for
77-2 the programs;
77-3 (6) sponsor, promote, and conduct training programs
77-4 for persons delivering prevention, intervention, treatment, and
77-5 rehabilitation services and for persons in the criminal justice
77-6 system or otherwise in a position to identify chemically dependent
77-7 persons and their families in need of service;
77-8 (7) require programs rendering services to chemically
77-9 dependent persons to safeguard those persons' legal rights of
77-10 citizenship and maintain the confidentiality of client records as
77-11 required by state and federal law;
77-12 (8) maximize the use of available funds for direct
77-13 services rather than administrative services;
77-14 (9) consistently monitor the expenditure of funds and
77-15 the provision of services by all grant and contract recipients to
77-16 assure that the services are effective and properly staffed and
77-17 meet the standards adopted under this chapter;
77-18 (10) make the monitoring reports prepared under
77-19 Subdivision (9) a matter of public record;
77-20 (11) license treatment facilities under Chapter 464;
77-21 (12) use funds appropriated to the commission to carry
77-22 out this chapter and maximize the overall state allotment of
77-23 federal funds;
77-24 (13) develop and implement policies that will provide
77-25 the public with a reasonable opportunity to appear before the
78-1 commission and to speak on any issue under the commission's
78-2 jurisdiction;
78-3 (14) establish minimum criteria that peer assistance
78-4 programs must meet to be governed by and entitled to the benefits
78-5 of a law that authorizes licensing and disciplinary authorities to
78-6 establish or approve peer assistance programs for impaired
78-7 professionals;
78-8 (15) adopt rules governing the functions of the
78-9 commission, including rules that prescribe the policies and
78-10 procedures followed by the commission in administering any
78-11 commission programs; <and>
78-12 (16) plan, develop, coordinate, evaluate, and
78-13 implement constructive methods and programs to provide healthy
78-14 alternatives for youth at risk of selling controlled substances;<(16)> submit to the federal government reports
78-21 and strategies necessary to comply with Section 1926 of the federal
78-22 Alcohol, Drug Abuse, and Mental Health Administration
78-23 Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
78-24 reports and strategies are to be coordinated with appropriate state
78-25 governmental entities.
79-1 SECTION 5.39. Article 42.18, Code of Criminal Procedure, is
79-2 amended by adding Section 29 to read as follows:
79-3 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
79-4 the 90th day before the date the Texas Youth Commission transfers a
79-5 person to the custody of the pardons and paroles division for
79-6 release on parole under Section 61.084(f), Human Resources Code,
79-7 the commission shall submit to the board all pertinent information
79-8 relating to the person, including:
79-9 (1) the juvenile court judgment;
79-10 (2) the circumstances of the person's offense;
79-11 (3) the person's previous social history and juvenile
79-12 court records;
79-13 (4) the person's physical and mental health record;
79-14 (5) a record of the person's conduct, employment
79-15 history, and attitude while committed to the commission;
79-16 (6) a record of the sentence time served by the person
79-17 at the commission; and
79-18 (7) any written comments or information provided by
79-19 the commission, local officials, or victims of the offense.
79-20 (b) Before the release of the person on parole, a parole
79-21 panel shall review the person's records and may interview the
79-22 person or any other person the panel considers necessary to
79-23 determine the conditions of parole. The panel may impose any
79-24 reasonable condition of parole on the person that the panel may
79-25 impose on an adult prisoner under this article.
80-1 (c) The parole panel shall furnish the person with a
80-2 contract clearly describing the conditions and rules of parole.
80-3 The person must accept and sign the contract as a precondition to
80-4 release on parole.
80-5 (d) While on parole, the person remains in the legal custody
80-6 of the state and shall comply with the conditions of parole ordered
80-7 by a parole panel under this section.
80-8 (e) The period of parole for a person released to parole
80-9 under this section is the maximum term for which the person was
80-10 sentenced less calendar time actually served at the Texas Youth
80-11 Commission.
80-12 (f) If a parole panel revokes the person's parole, the panel
80-13 may require the person to serve the portion remaining of the
80-14 person's sentence in the institutional division. The remaining
80-15 portion of the person's sentence is computed without credit for the
80-16 time from the date of the person's release to the date of
80-17 revocation. The panel may not recommit the person to the Texas
80-18 Youth Commission.
80-19 (g) For purposes of this article, a person released from the
80-20 Texas Youth Commission on parole under this section is considered
80-21 to have been convicted of the offense for which the person has been
80-22 adjudicated.
80-23 SECTION 5.40. Subsection (b), Section 8.07, Penal Code, is
80-24 amended to read as follows:
80-25 (b) Unless the juvenile court waives jurisdiction under
81-1 Section 54.02, Family Code, and certifies the individual for
81-2 criminal prosecution or the juvenile court has previously waived
81-3 jurisdiction under Section 54.02, Family Code, and certified the
81-4 individual for criminal prosecution, and the individual is not
81-5 subject to the jurisdiction of a juvenile court under Section
81-6 51.036(b), Family Code, a person may not be prosecuted for or
81-7 convicted of any offense committed before reaching 17 years of age
81-8 except:
81-9 (1) perjury and aggravated perjury when it appears by
81-10 proof that he had sufficient discretion to understand the nature
81-11 and obligation of an oath;
81-12 (2) a violation of a penal statute cognizable under
81-13 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
81-14 (Article 6701l-4, Vernon's Texas Civil Statutes), except conduct
81-15 which violates the laws of this state prohibiting driving while
81-16 intoxicated or under the influence of intoxicating liquor (first or
81-17 subsequent offense) or driving while under the influence of any
81-18 narcotic drug or of any other drug to a degree which renders him
81-19 incapable of safely driving a vehicle (first or subsequent
81-20 offense);
81-21 (3) a violation of a motor vehicle traffic ordinance
81-22 of an incorporated city or town in this state;
81-23 (4) a misdemeanor punishable by fine only other than
81-24 public intoxication; or
81-25 (5) a violation of a penal ordinance of a political
82-1 subdivision.
82-2 SECTION 5.41. Section 413.009, Government Code, is amended
82-3 to read as follows:
82-4 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
82-5 its duties the policy council shall:
82-6 (1) conduct an in-depth analysis of the criminal
82-7 justice system;
82-8 (2) determine the long-range needs of the criminal
82-9 justice system and recommend policy priorities for the system;
82-10 (3) identify critical problems in the criminal justice
82-11 system and recommend strategies to solve those problems;
82-12 (4) assess the cost-effectiveness of the use of state
82-13 and local funds in the criminal justice system;
82-14 (5) recommend means to improve the deterrent and
82-15 rehabilitative capabilities of the criminal justice system;
82-16 (6) advise and assist the legislature in developing
82-17 plans, programs, and proposed legislation for improving the
82-18 effectiveness of the criminal justice system;
82-19 (7) make computations of daily costs and compare
82-20 interagency costs on services provided by agencies that are a part
82-21 of the criminal justice system;
82-22 (8) make population computations for use in planning
82-23 for the long-range needs of the criminal justice system;
82-24 (9) determine long-range information needs of the
82-25 criminal justice system and acquire that information; and
83-1 (10) engage in other activities consistent with the
83-2 responsibilities of the policy council.
83-3 (b) In addition to the policy council's duties under
83-4 Section 413.008 and Subsection (a) of this section, the policy
83-5 council may perform any function described in Subsection (a) to
83-6 promote an effective and cohesive juvenile justice system.
83-7 SECTION 5.42. This article takes effect September 1, 1995.
83-8 SECTION 5.43. (a) The change in law made by this article
83-9 applies only to conduct that occurs on or after the effective date
83-10 of this article. Conduct violating a penal law of the state occurs
83-11 on or after the effective date of this article if every element of
83-12 the violation occurs on or after that date.
83-13 (b) Conduct that occurs before the effective date of this
83-14 article is covered by the law in effect at the time the conduct
83-15 occurred, and the former law is continued in effect for that
83-16 purpose.
83-17 (c) This section does not require the juvenile court to
83-18 transfer a person to a court of criminal jurisdiction because the
83-19 person has been previously transferred to a criminal court for an
83-20 offense committed before the effective date of this article.
83-21 SECTION 5.44. The Texas Juvenile Probation Commission shall
83-22 adopt the minimum standards for the initial assessment of children
83-23 as required by Section 141.042, Human Resources Code, as amended
83-24 by Section 5.34 of this article, on or before September 1, 1996.
83-25 SECTION 5.45. (a) The coordinated strategic plan to be
84-1 adopted by December 1, 1995, pursuant to Section 141.0471, Human
84-2 Resources Code, as added by Section 5.33 of this article, shall
84-3 include a plan for implementation of an intermediate sanctions
84-4 program for children adjudicated for delinquent conduct or conduct
84-5 indicating a need for supervision who are:
84-6 (1) placed on probation under Section 54.04, Family
84-7 Code, and violate the conditions of probation; or
84-8 (2) released from the Texas Youth Commission under
84-9 supervision under Section 61.081, Human Resources Code, and violate
84-10 the conditions of release.
84-11 (b) The plan shall:
84-12 (1) identify the types of children suitable for an
84-13 intermediate sanctions program based on the types of conduct, level
84-14 of education, and risk of recidivism;
84-15 (2) provide for a progressive increase in the type and
84-16 severity of sanctions for children assigned to the program;
84-17 (3) provide for participation in the program by
84-18 juvenile probation departments and other local authorities;
84-19 (4) provide for participation in the program by
84-20 privately operated juvenile facilities;
84-21 (5) establish guidelines for the implementation of
84-22 pilot boot camp programs with short-term and long-term evaluation
84-23 components; and
84-24 (6) include other relevant aspects necessary for the
84-25 implementation of an intermediate sanctions program.
85-1 SECTION 5.46. The Texas Juvenile Probation Commission, in
85-2 collaboration with the Texas Department of Mental Health and Mental
85-3 Retardation, shall develop a model protocol by which juvenile
85-4 probation departments shall refer children with mental impairments
85-5 and children under age 10 to local community management teams of
85-6 the Children's Mental Health Plan. The protocol is to be
85-7 distributed to all juvenile boards, chief probation officers, and
85-8 community management teams no later than September 1, 1995.
85-9 SECTION 5.47. (a) The Texas Commission on Alcohol and Drug
85-10 Abuse shall revise the standard contract by which it contracts with
85-11 providers of services to include specific outcome measures,
85-12 monitoring schedules, and provisions for sharing with the Texas
85-13 Juvenile Probation Commission and the Texas Youth Commission
85-14 monitoring reports relating to services to juvenile offenders.
85-15 (b) The commission shall revise the contract no later than
85-16 January 1, 1996.
85-17 ARTICLE VI. STATEMENT OF IMPACT ON CHILDREN
85-18 SECTION 6.01. Chapter 2001, Government Code, is amended by
85-19 adding Section 2001.0281 to read as follows:
85-20 Sec. 2001.0281. STATEMENT OF IMPACT ON CHILDREN. (a) A
85-21 rule proposed by the following state agencies shall include a
85-22 statement of the rule's impact on children:
85-23 (1) Health and Human Services Commission;
85-24 (2) Texas Department of Human Services;
85-25 (3) Texas Department of Health;
86-1 (4) Texas Department of Mental Health and Mental
86-2 Retardation;
86-3 (5) Texas Commission for the Blind; and
86-4 (6) Texas Commission for the Deaf and Hearing
86-5 Impaired.
86-6 (b) The statement shall be published with the proposed rule
86-7 in accordance with Section 2001.023.
86-8 (c) The statement shall follow the same format and include
86-9 the same information as the impact statements which the Health and
86-10 Human Services Commission is required to prepare under Section 15A,
86-11 Article 4413(502), Revised Statutes.
86-12 SECTION 6.02. Article 4413(502), Revised Statutes, is
86-13 amended by adding Section 15A to read as follows:
86-14 Sec. 15A. STATEMENT OF IMPACT ON CHILDREN. (a) The
86-15 commission shall, in coordination with relevant state agencies,
86-16 prepare a statement of impact on children for all legislation
86-17 related to children upon referral of the legislation to committee.
86-18 (b) The commission shall forward the statement to the
86-19 Legislative Budget Board for attachment to the fiscal note
86-20 accompanying the bill.
86-21 (c) The statement shall, at a minimum, address the following
86-22 questions:
86-23 (1) whether the action will increase or decrease the
86-24 amount of money or level of services available for children and
86-25 families;
87-1 (2) whether the action will increase or decrease the
87-2 number of children and families eligible for services;
87-3 (3) whether the action will affect the delivery of
87-4 services;
87-5 (4) whether the action will result in increased costs
87-6 for other services; and
87-7 (5) whether the action is required by new or current
87-8 federal law or regulation.
87-9 SECTION 6.03. This article takes effect immediately.
87-10 ARTICLE VII. LOCAL AND STATE PARTNERSHIP FOR
87-11 DELIVERY OF SERVICES TO MINORS
87-12 SECTION 7.01. Subtitle B, Title 3, Human Resources Code, is
87-13 amended by adding Chapter 72 to read as follows:
87-14 CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY
87-15 OF SERVICES TO CHILDREN AND FAMILIES
87-16 SUBCHAPTER A. GENERAL PROVISIONS
87-17 Sec. 72.001. PURPOSE. The purpose of this chapter is to
87-18 ensure that all children in Texas will:
87-19 (1) live in stable, nurturing, and supportive
87-20 families;
87-21 (2) be physically and mentally healthy;
87-22 (3) enter school able to learn to their full
87-23 potential;
87-24 (4) be successful in school; and
87-25 (5) develop into productive and law-abiding citizens.
88-1 Sec. 72.002. DEFINITIONS. In this chapter:
88-2 (1) "Child" means a person younger than 19 years of
88-3 age.
88-4 (2) "Committee" means the Texas Child and Family
88-5 Legislative Oversight Committee.
88-6 (3) "Local commission" means a local child and family
88-7 commission created under Subchapter C.
88-8 (Section 72.003 to 72.020 reserved for expansion
88-9 SUBCHAPTER B. STATE PARTICIPATION IN THE PARTNERSHIP FOR
88-10 SERVICES TO CHILDREN AND FAMILIES
88-11 Sec. 72.021. DESIGNATED STATE AGENCY. (a) The Health and
88-12 Human Services Commission is the state agency responsible for
88-13 providing leadership in accomplishing the purposes of this chapter
88-14 and ensuring that the objectives prescribed by Section 72.022(e)
88-15 are realized.
88-16 (b) The Health and Human Services Commission may require the
88-17 health and human services, education, and juvenile justice agencies
88-18 listed in Section 72.022(a) to provide staff and other
88-19 administrative support as necessary to assist the commission in
88-20 discharging its responsibilities under this section.
88-21 Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) The
88-22 commissioners or executive directors of the following state
88-23 agencies, in cooperation with the commissioner of health and human
88-24 services, shall ensure that the agencies under their direction
88-25 adopt and implement all policies and procedures necessary to
89-1 accomplish the objectives set forth in Subsection(e):
89-2 (1) the Central Education Agency;
89-3 (2) the Health and Human Services Commission;
89-4 (3) the Department of Protective and Regulatory
89-5 Services;
89-6 (4) the Interagency Council on Early Childhood
89-7 Intervention Services;
89-8 (5) the Texas Commission on Alcohol and Drug Abuse;
89-9 (6) the Texas Commission for the Blind;
89-10 (7) the Texas Department of Health;
89-11 (8) the Texas Department of Human Services;
89-12 (9) the Texas Department of Mental Health and Mental
89-13 Retardation;
89-14 (10) the Texas Juvenile Probation Commission;
89-15 (11) the Texas Youth Commission;
89-16 (12) the Texas Employment Commission; and
89-17 (13) the Children's Trust Fund of Texas Council.
89-18 (b) The executive head of each agency listed in this section
89-19 shall designate an employee of the agency to represent the agency
89-20 under the direction of the agency head and carry out the duties
89-21 prescribed in this chapter.
89-22 (c) Each of the agencies listed in this section is
89-23 responsible for the expenses of that agency's representative. An
89-24 agency representative receives no additional compensation for
89-25 representing the agency in carrying out the duties prescribed in
90-1 this chapter.
90-2 (d) The commissioner of health and human services and the
90-3 commissioner of education shall regularly meet with the agency
90-4 representatives to carry out the purposes of this chapter. The
90-5 commissioner of health and human services may call additional
90-6 meetings as required.
90-7 (e) Each of the agencies listed in this section shall
90-8 collaborate to accomplish the following objectives under the
90-9 direction of the commissioner of health and human services:
90-10 (1) establishing a system to encourage and support the
90-11 development of local child and family commissions throughout the
90-12 state that includes the elimination of administrative or regulatory
90-13 barriers and the provision of adequate technical assistance to
90-14 those commissions;
90-15 (2) developing a blueprint for children that
90-16 establishes goals for children, that includes short-range and
90-17 long-range strategies treating education, health and human
90-18 services, and juvenile justice issues, and that accomplishes the
90-19 purpose prescribed by Section 72.001;
90-20 (3) defining common, cross-agency outcome measures and
90-21 a system of evaluation to measure the effects of agency programs
90-22 for children and families;
90-23 (4) initiating strategies for refinancing children's
90-24 services administered by state agencies to ensure the most
90-25 effective use of federal, state, and local funds;
91-1 (5) reporting quarterly to the committee on progress
91-2 in meeting these objectives and coordinating efforts with the
91-3 committee in issuing a biennial report to the legislature and the
91-4 governor; and
91-5 (6) responding to other issues after considering
91-6 committee recommendations.
91-7 (f) The strategic plan, budget, and performance measures of
91-8 each of the agencies listed in this section shall reflect the joint
91-9 responsibilities listed in Subsection (e).
91-10 (Sections 72.023 to 72.030 reserved for expansion
91-11 SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
91-12 Sec. 72.031. CERTIFICATION OF LOCAL CHILD AND FAMILY
91-13 COMMISSIONS. (a) The Health and Human Services Commission shall
91-14 annually issue a request for proposal for new local child and
91-15 family commissions. A commissioners court, governing body of a
91-16 municipality, council of governments, regional planning body or
91-17 similar entity, or a charitable organization that solicits
91-18 contributions for health and human services may submit a proposal.
91-19 Only one proposal per county will be accepted.
91-20 (b) At a minimum, a proposal submitted under this section
91-21 must:
91-22 (1) provide evidence that the applicant has consulted
91-23 with local governments and other public entities, nonprofit
91-24 organizations, voluntary associations, representatives of
91-25 low-income persons, and other groups involved in providing health
92-1 and human services or funding for such services; and
92-2 (2) name the individuals to serve as the founding
92-3 members of the proposed local child and family commission.
92-4 (c) The Health and Human Services Commission shall adopt
92-5 rules governing the certification and operation of local
92-6 commissions.
92-7 (d) A local commission may serve one or more counties. A
92-8 county may not be served by more than one local commission.
92-9 (e) The Health and Human Services Commission shall certify a
92-10 local commission after receiving a proposal which conforms to the
92-11 rules adopted by the commission. A local commission is established
92-12 on certification by the Health and Human Services Commission.
92-13 Sec. 72.032. MEMBERSHIP OF LOCAL CHILD AND FAMILY
92-14 COMMISSIONS. (a) At a minimum, a local commission shall include:
92-15 (1) a member of the governing body of the most
92-16 populous city or town located within the county and a member of the
92-17 governing body of one other city or town located within the county;
92-18 (2) a county commissioner;
92-19 (3) a school superintendent from a district within the
92-20 county;
92-21 (4) a representative chosen by the juvenile board;
92-22 (5) the executive director or the executive director's
92-23 designee of the local mental health authority;
92-24 (6) a child protective services administrator
92-25 designated by the regional office of the Department of Protective
93-1 and Regulatory Services;
93-2 (7) the regional administrator of the Texas Department
93-3 of Health or the administrator's designee;
93-4 (8) one or more parents;
93-5 (9) a representative of a charitable organization that
93-6 solicits contributions for health and human services;
93-7 (10) at least two representatives of civic, religious,
93-8 or community-based organizations; and
93-9 (11) a person eligible for child and family services.
93-10 (b) Representatives of agencies or organizations which
93-11 provide services may not comprise a majority of the total
93-12 membership of a local commission.
93-13 (c) An applicant for certification under Section 72.031
93-14 shall attempt to ensure participation on local commissions by women
93-15 and minorities, including African Americans, Hispanic Americans,
93-16 Native Americans, and Asian Americans.
93-17 (d) The Health and Human Services Commission may adopt rules
93-18 specifying additional members necessary to qualify for federal
93-19 funds. The commission may also adopt rules modifying the
93-20 membership requirements for local commissions established jointly
93-21 by two or more counties.
93-22 Sec. 72.033. ADMINISTRATION OF LOCAL COMMISSIONS. (a) The
93-23 members of a local commission shall serve staggered two-year terms
93-24 with one-half of the members' terms expiring February 1 of each
93-25 year. The initial members shall choose one-year or two-year terms
94-1 by lot. The members shall elect new members before the outgoing
94-2 members leave office.
94-3 (b) Members of a local commission serve without
94-4 compensation, but all members may be reimbursed, as funds are
94-5 available, from the local commission for actual expenses incurred
94-6 in the performance of official duties. Those expenses must be
94-7 reported in the local commission's records and must be approved by
94-8 the commission.
94-9 (c) A concurrence of a majority of the members of a local
94-10 commission is necessary in matters relating to the business of the
94-11 commission.
94-12 (d) A local commission may contract with a public agency,
94-13 private vendor, or with individuals to assist in the administration
94-14 or management of a commission and to furnish the staff, facilities,
94-15 and equipment the local commission considers necessary for its
94-16 effective operation. A local commission is authorized to do all
94-17 things it deems proper for the successful operation thereof,
94-18 including contracting for services necessary for the proper
94-19 administration of its funds, and is authorized to pay for all
94-20 operating expenses by warrants drawn on proper funds available for
94-21 such purposes.
94-22 Sec. 72.034. FUNDS, GRANTS, GIFTS. A local commission may
94-23 accept funds, including grants and gifts, from any source for the
94-24 purpose of financing programs and facilities. A municipality,
94-25 county, or other political subdivision may make grants to a
95-1 department for those purposes.
95-2 Sec. 72.035. POWERS, DUTIES, AND RESPONSIBILITIES OF LOCAL
95-3 COMMISSIONS. (a) A local commission shall:
95-4 (1) assess the need for child and family services and
95-5 available resources in the community served by the local
95-6 commission;
95-7 (2) monitor the effectiveness and efficiency with
95-8 which public and private organizations that receive public money
95-9 deliver child and family services;
95-10 (3) develop and submit to the Health and Human
95-11 Services Commission local strategic plans for services for children
95-12 and families related to the purpose prescribed by Section 72.001,
95-13 including local budgetary priorities and proposals for alternative
95-14 delivery systems;
95-15 (4) mobilize public, business, and voluntary agency
95-16 partnerships and promote the use of individual volunteers;
95-17 (5) foster the development of new services to meet
95-18 family needs more effectively, including services aimed at
95-19 preventing child abuse and neglect, poverty, malnutrition, failure
95-20 in school, juvenile delinquency, and other social ills;
95-21 (6) assure fiscal efficiency by maximizing the use of
95-22 local, state, and federal funds as appropriate; and
95-23 (7) ensure, through appropriate outcome measures,
95-24 accountability in the delivery of child and family services.
95-25 (b) Unless specifically approved by the Health and Human
96-1 Services Commission, a local commission may not directly deliver
96-2 child and family services. The Health and Human Services
96-3 Commission may only approve direct delivery under this subsection
96-4 if such approval is necessary to meet requirements of state or
96-5 federal law or if no other organization is available to provide the
96-6 service.
96-7 Sec. 72.036. PUBLIC COMMENT. Before establishing
96-8 eligibility and the frequency and duration of funding grants, a
96-9 local commission shall allow adequate notice and opportunity for
96-10 public comment, including comments from the entities listed in
96-11 Section 72.031(b)(1).
96-12 Sec. 72.037. AUDIT. A local commission shall annually
96-13 contract for an audit of its financial condition by an independent
96-14 auditor.
96-15 Sec. 72.038. LIABILITY. A local commission is a
96-16 governmental unit for purposes of Chapter 101, Civil Practice and
96-17 Remedies Code (Texas Tort Claims Act). A member of a local
96-18 commission is not liable for civil damages or criminal prosecution
96-19 for any act performed in good faith in the execution of duties as a
96-20 local commission member or for an action taken by the local
96-21 commission.
96-22 (Sections 72.039 to 72.040 reserved for expansion
96-23 SUBCHAPTER D. STATE GRANTS TO LOCAL CHILD AND
96-24 FAMILY COMMISSIONS
96-25 Sec. 72.041. BUDGET; FUNDS DISTRIBUTION. (a) The Health
97-1 and Human Services Commission, with the assistance of the agencies
97-2 listed in Section 72.022(a) and the Legislative Budget Board, shall
97-3 develop a budget mechanism to:
97-4 (1) combine state and federal funds and to distribute
97-5 the funds through grants to local commissions established under
97-6 Subchapter C; and
97-7 (2) distribute grant funds that may be appropriated by
97-8 the legislature for local commissions.
97-9 (b) The Legislative Budget Board, at the request of the
97-10 committee established by Subchapter F, may transfer appropriations
97-11 from state child-serving agencies to the Health and Human Services
97-12 Commission in accordance with Subsection (a)(1).
97-13 (c) A grant to a local commission made under this section
97-14 must:
97-15 (1) be distributed locally for services that promote
97-16 the social, emotional, or physical well-being of children and
97-17 promote family support; and
97-18 (2) be matched by local resources, cash or in-kind,
97-19 totaling at least one-quarter of the grant amount, unless the
97-20 Health and Human Services Commission provides for a different match
97-21 formula pursuant to Subsection (d).
97-22 (d) The Health and Human Services Commission shall adopt
97-23 rules providing for the distribution of available funds based on a
97-24 county's child population and per capita income. The Health and
97-25 Human Services Commission is authorized to modify the match amount
98-1 required by Subsection (c) if such a modification is necessary to
98-2 accomplish the effective distribution of funds. If the Health and
98-3 Human Services Commission modifies the match formula, the
98-4 modification shall apply to all applicants for funds under this
98-5 section.
98-6 (e) The Health and Human Services Commission is authorized
98-7 to retain up to two percent of any funds appropriated for state
98-8 grants under this section and may use those funds only for the
98-9 administration of the grant program at the state level and for
98-10 carrying out the duties prescribed by Section 72.022.
98-11 Sec. 72.042. SMALL ASSISTANCE GRANTS. (a) As funds are
98-12 available, the Health and Human Services Commission shall by rule
98-13 provide the procedure by which it may make small assistance grants
98-14 to local communities to provide an incentive to establish a local
98-15 commission and support its initial operation.
98-16 (b) The Health and Human Services Commission may provide an
98-17 assistance grant to a local commission upon certification.
98-18 (c) A grant under this section:
98-19 (1) must be in proportion to the child population of
98-20 the county and may not exceed $50,000 for a large urban area;
98-21 (2) must be matched by local resources, in-kind or
98-22 cash, totaling at least one-half the amount of the assistance
98-23 grant; and
98-24 (3) may not extend beyond a period of one year.
98-25 (Sections 72.043 to 72.050 reserved for expansion
99-1 SUBCHAPTER E. COOPERATION WITH STATE AGENCIES
99-2 Sec. 72.051. AGENCY COOPERATION; PERSONNEL. (a) A local
99-3 commission shall cooperate with the Health and Human Services
99-4 Commission in setting performance standards and evaluating outcomes
99-5 for child and family programs for which the local commission and
99-6 the Health and Human Services Commission are responsible.
99-7 (b) The Health and Human Services Commission shall assist
99-8 local commissions in obtaining state employees to work under local
99-9 supervision while engaged in programs serving children and
99-10 families.
99-11 (c) State agencies soliciting proposals under a request for
99-12 proposal for state or federal funds shall require applicants to
99-13 demonstrate the approval of a local child and family commission, if
99-14 extant in the county, prior to submission of such proposals to the
99-15 state agency.
99-16 (Sections 72.052 to 72.060 reserved for expansion
99-17 SUBCHAPTER F. TEXAS CHILD AND FAMILY LEGISLATIVE
99-18 OVERSIGHT COMMITTEE
99-19 Sec. 72.061. CREATION OF COMMITTEE. The Texas Child and
99-20 Family Legislative Oversight Committee is created to monitor the
99-21 progress made by the Health and Human Services Commission and the
99-22 local commissions established under Subchapter C in meeting the
99-23 purpose prescribed by Section 72.001 and in discharging their
99-24 functions under this chapter.
99-25 Sec. 72.062. MEMBERSHIP OF COMMITTEE. (a) The committee
100-1 consists of:
100-2 (1) six public members, three of whom are appointed by
100-3 the lieutenant governor and three of whom are appointed by the
100-4 speaker of the house of representatives;
100-5 (2) two members of the senate appointed by the
100-6 lieutenant governor; and
100-7 (3) two members of the house of representatives
100-8 appointed by the speaker of the house of representatives.
100-9 (b) The committee's public members must be appointed from
100-10 among individuals who represent parents, local governments,
100-11 business, service providers, religious groups or organizations,
100-12 charitable organizations, or voluntary and community-based
100-13 organizations.
100-14 (c) The lieutenant governor and the speaker of the house of
100-15 representatives shall alternate every two years designating a
100-16 member of the committee as the presiding officer of the committee.
100-17 The lieutenant governor shall designate the first presiding
100-18 officer. The committee may elect from its members any other
100-19 necessary officers.
100-20 (d) A person may not serve as a member of the committee or
100-21 act as general counsel to the committee if the person is required
100-22 to register as a lobbyist under Chapter 305, Government Code,
100-23 because of the person's activities for compensation on behalf of a
100-24 profession related to the operation of the committee.
100-25 (e) Appointments to the committee shall be made without
101-1 regard to the race, color, disability, sex, religion, age, or
101-2 national origin of the appointees.
101-3 (f) An officer, employee, or paid consultant of a Texas
101-4 trade association in the field of human services may not be a
101-5 member of the committee or an employee of the committee who is
101-6 exempt from the state's position classification plan or who is
101-7 compensated at or above the amount prescribed by the General
101-8 Appropriations Act for step 1, salary group 17, of the position
101-9 classification salary schedule.
101-10 (g) A person who is the spouse of an officer, manager, or
101-11 paid consultant of a Texas trade association in the field of human
101-12 services may not be a member of the committee and may not be an
101-13 employee of the committee who is exempt from the state's position
101-14 classification plan or who is compensated at or above the amount
101-15 prescribed by the General Appropriations Act for step 1, salary
101-16 group 17, of the position classification salary schedule.
101-17 (h) For the purposes of this section, a Texas trade
101-18 association is a nonprofit, cooperative, and voluntarily joined
101-19 association of business or professional competitors in this state
101-20 designed to assist its members and its industry or profession in
101-21 dealing with mutual business or professional problems and in
101-22 promoting their common interest.
101-23 Sec. 72.063. COMMITTEE MEETINGS; TERMS; ADDITIONAL DUTY;
101-24 COMPENSATION. (a) The committee shall meet at least quarterly and
101-25 at other times at the call of its presiding officer or as provided
102-1 by rules adopted by the committee. The committee shall provide for
102-2 public comment at its meetings.
102-3 (b) Public members of the committee serve six-year staggered
102-4 terms with two members' terms expiring February 1 of each
102-5 odd-numbered year.
102-6 (c) The legislative members of the committee serve at the
102-7 pleasure of the lieutenant governor if appointed by the lieutenant
102-8 governor or at the pleasure of the speaker of the house of
102-9 representatives if appointed by the speaker of the house of
102-10 representatives.
102-11 (d) Service on the committee by a member of the senate or
102-12 house of representatives is an additional duty of legislative
102-13 office.
102-14 (e) A public member of the committee is entitled to
102-15 compensation and reimbursement for travel expenses as provided by
102-16 the General Appropriations Act.
102-17 Sec. 72.064. GROUNDS FOR REMOVAL. (a) It is a ground for
102-18 removal from the committee that a public member:
102-19 (1) does not have at the time of appointment the
102-20 qualifications required by Section 72.062;
102-21 (2) does not maintain during service on the committee
102-22 the qualifications required by Section 72.062;
102-23 (3) cannot discharge the member's duties for a
102-24 substantial part of the term for which the member is appointed
102-25 because of illness or disability;
103-1 (4) is absent from more than one-fourth of the
103-2 regularly scheduled committee meetings that the member is eligible
103-3 to attend during a calendar year; or
103-4 (5) is absent from two consecutive committee meetings
103-5 for which the member received notice not less than 48 hours before
103-6 the time of the meeting.
103-7 (b) The validity of an action of the committee is not
103-8 affected by the fact that it is taken when a ground for removal of
103-9 a committee member exists.
103-10 (c) If a member of the committee has knowledge that a
103-11 potential ground for removal exists, the member shall notify a
103-12 presiding officer of the committee of the ground. The presiding
103-13 officer shall then notify the lieutenant governor that a potential
103-14 ground for removal exists.
103-15 Sec. 72.065. COMMITTEE POWERS AND DUTIES. (a) The
103-16 committee shall:
103-17 (1) adopt rules as necessary to perform the
103-18 committee's functions under this subchapter;
103-19 (2) monitor and review state agencies that provide
103-20 services to children and families;
103-21 (3) issue in coordination with the Health and Human
103-22 Services Commission a biennial report to the legislature about the
103-23 progress of state and local efforts under this chapter to realize
103-24 the purpose prescribed by Section 72.001 and about other matters
103-25 relating to the committee's functions under this subchapter and
104-1 shall deliver a copy of the report to the governor;
104-2 (4) monitor child and family service delivery reform
104-3 and the shift from the state to the community level of planning and
104-4 delivery of child and family services;
104-5 (5) identify and recommend solutions to the
104-6 legislature about statutory and administrative barriers to the
104-7 success of local commissions established under Subchapter C;
104-8 (6) project resource needs to meet the state's goals
104-9 for children as set out in Section 72.001; and
104-10 (7) advise the legislature about the design and
104-11 implementation of a system to maintain accountability to the public
104-12 and the legislature regarding services for children and families.
104-13 (b) The committee may accept gifts, grants, or donations of
104-14 money, other property, or services from any source to further the
104-15 purposes of this chapter.
104-16 Sec. 72.066. STAFF. The legislative members of the
104-17 committee shall provide staff as needed.
104-18 Sec. 72.067. FUNDS. All funds received by the committee
104-19 under this chapter are subject to Subchapter F, Chapter 404,
104-20 Government Code.
104-21 Sec. 72.068. AUDITS; ANNUAL REPORT. (a) The financial
104-22 transactions of the committee are subject to audit by the state
104-23 auditor in accordance with Chapter 321, Government Code.
104-24 (b) The committee shall prepare annually a complete and
104-25 detailed written report accounting for all funds received and
105-1 disbursed by the committee during the preceding fiscal year. The
105-2 annual report must meet the reporting requirements applicable to
105-3 financial reporting provided in the General Appropriations Act.
105-4 Sec. 72.069. CONSUMER INFORMATION AND COMPLAINTS. (a) The
105-5 committee shall prepare information of public interest describing
105-6 the functions of the committee and the procedures by which
105-7 complaints are filed with and resolved by the committee. The
105-8 committee shall make the information available to the public and
105-9 appropriate state agencies.
105-10 (b) The committee shall establish methods by which consumers
105-11 and service recipients are notified of the name, mailing address,
105-12 and telephone number of one committee member for the purpose of
105-13 directing complaints to the committee.
105-14 (c) The committee shall keep information about each
105-15 complaint filed with the committee. The information must include:
105-16 (1) the date the complaint is received;
105-17 (2) the name of the complainant;
105-18 (3) the subject matter of the complaint;
105-19 (4) a record of all persons contacted in relation to
105-20 the complaint;
105-21 (5) a summary of the results of the review or
105-22 investigation of the complaint; and
105-23 (6) for complaints for which the committee took no
105-24 action, an explanation of the reason the complaint investigation
105-25 was closed without action.
106-1 (d) The committee shall keep a file about each written
106-2 complaint filed with the committee that the committee has authority
106-3 to resolve. The committee shall provide to the person filing the
106-4 complaint and the persons or entities that are subjects of the
106-5 complaint the committee's policies and procedures pertaining to
106-6 complaint investigation and resolution. The committee, at least
106-7 quarterly and until final disposition of the complaint, shall
106-8 notify the person filing the complaint and the persons or entities
106-9 that are subjects of the complaint of the status of the complaint.
106-10 (e) The committee is subject to the open meetings law,
106-11 Chapter 551, Government Code.
106-12 (f) The committee shall develop and implement policies that
106-13 provide the public with a reasonable opportunity to appear before
106-14 the committee and to speak on any issue under the jurisdiction of
106-15 the committee.
106-16 Sec. 72.070. MEETINGS AND FACILITY ACCESSIBILITY. The
106-17 committee shall comply with federal and state laws related to
106-18 public meetings and facility accessibility. The executive director
106-19 shall prepare and maintain a written plan that describes how a
106-20 person who does not speak English can be provided reasonable access
106-21 to the committee's meetings and facilities.
106-22 Sec. 72.071. TRAINING; STANDARDS OF CONDUCT INFORMATION.
106-23 (a) Before a member of the committee may assume the member's
106-24 duties, the member must complete at least one course of the
106-25 training program established under this section.
107-1 (b) The training program required by Subsection (a) shall
107-2 provide information to the member regarding:
107-3 (1) the enabling legislation that created the
107-4 committee;
107-5 (2) the programs monitored by the committee;
107-6 (3) the role and functions of the committee;
107-7 (4) the current budget for the committee, if
107-8 applicable;
107-9 (5) the results of the most recent formal audit of the
107-10 committee;
107-11 (6) the requirements of the:
107-12 (A) open meetings law, Chapter 551, Government
107-13 Code;
107-14 (B) open records law, Chapter 552, Government
107-15 Code; and
107-16 (C) Chapter 2001, Government Code
107-17 (Administrative Procedure Act);
107-18 (7) the requirements of the conflict of interest laws
107-19 and other laws relating to public officials; and
107-20 (8) any applicable ethics policies adopted by the
107-21 Texas Ethics Commission.
107-22 (c) The presiding officer of the committee shall provide to
107-23 the committee's members, as often as necessary, information
107-24 regarding their qualifications for office under this subchapter and
107-25 their responsibilities under applicable laws relating to standards
108-1 of conduct for state officers.
108-2 (Sections 72.072 to 72.080 reserved for expansion
108-3 SUBCHAPTER G. MISCELLANEOUS PROVISIONS
108-4 Sec. 72.081. COLLABORATION AGREEMENTS. (a) State and local
108-5 agencies that serve children and families, including local
108-6 commissions established under Subchapter C, may enter into
108-7 collaboration agreements to accomplish the purpose prescribed by
108-8 Section 72.001.
108-9 (b) A collaboration agreement may involve education,
108-10 vocational rehabilitation, health, mental health, employment and
108-11 training, and child welfare services, social services, juvenile
108-12 justice services, and other services or programs designated by the
108-13 Health and Human Services Commission.
108-14 SECTION 7.02. (a) In making the initial appointments of
108-15 public members to the Texas Child and Family Legislative Oversight
108-16 Committee, the lieutenant governor and the speaker of the house of
108-17 representatives each shall designate one of their respective
108-18 appointees for a term expiring February 1, 1997, one for a term
108-19 expiring February 1, 1999, and one for a term expiring February 1,
108-20 2001.
108-21 (b) The training requirement imposed on members of the Texas
108-22 Child and Family Legislative Oversight Committee by Section 72.071,
108-23 Human Resources Code, as added by this article, does not apply to
108-24 the initial members of the commission. The initial members shall
108-25 complete the training within 90 days after the training course is
109-1 established.
109-2 SECTION 7.03. (a) In accordance with Section 72.022, Human
109-3 Resources Code, as added by this article, the commissioner of
109-4 health and human services, in collaboration with the agencies
109-5 listed in Subsection (a), Section 72.022, Human Resources Code, as
109-6 added by this article, shall coordinate the program services,
109-7 eligibility requirements, funding, enrollment periods, fees, and
109-8 administrative functions of the following programs by no later than
109-9 December 1, 1997:
109-10 (1) the child care programs of the Texas Department of
109-11 Human Services;
109-12 (2) the prekindergarten programs of the Central
109-13 Education Agency; and
109-14 (3) the federal Head Start programs.
109-15 (b) The commissioner of health and human services shall
109-16 report the results of this initiative to coordinate the delivery of
109-17 services to children and families to the legislature on or before
109-18 December 1, 1997.
109-19 SECTION 7.04. This article takes effect September 1, 1995.
109-20 ARTICLE VIII. CHILDREN'S RESOURCE DISTRICTS
109-21 SECTION 8.01. The Human Resources Code is amended by adding
109-22 Title 11 to read as follows:
109-23 TITLE 11. HUMAN SERVICES DISTRICTS
109-24 SUBTITLE A. DISTRICTS RELATING TO SERVICES FOR CHILDREN
109-25 CHAPTER 160. CHILDREN'S RESOURCE DISTRICTS
110-1 SUBCHAPTER A. GENERAL PROVISIONS
110-2 Sec. 160.001. DEFINITIONS. In this chapter:
110-3 (1) "Board" means the board of directors of a
110-4 district.
110-5 (2) "Director" means a member of the board.
110-6 (3) "District" means a children's resource district
110-7 created or to be created under this chapter.
110-8 Sec. 160.002. DISTRICT AUTHORIZATION. A children's resource
110-9 district may be created and, if created, must be maintained,
110-10 operated, and financed in the manner provided by Section 48-f,
110-11 Article III, Texas Constitution, and by this chapter.
110-12 (Sections 160.003 to 160.020 reserved for expansion
110-13 SUBCHAPTER B. CREATION OF DISTRICT
110-14 Sec. 160.021. PETITION FOR CREATION OF DISTRICT.
110-15 (a) Before a district that contains territory located in only one
110-16 county may be created, the county judge of that county must receive
110-17 a petition signed by at least 100 registered voters of the
110-18 territory of the proposed district.
110-19 (b) Before a district that contains territory located in
110-20 more than one county may be created, the county judge of each
110-21 county in which the proposed district will be located must receive
110-22 a petition signed by at least 100 registered voters of the
110-23 territory of the county in which the judge presides and of the
110-24 proposed district.
110-25 (c) If there are fewer than 100 registered voters in any
111-1 area for which a separate petition must be filed, the petition must
111-2 be signed by a majority of the registered voters in the area.
111-3 Sec. 160.022. CONTENTS OF PETITION. (a) The petition
111-4 prescribed by Section 160.021 must show:
111-5 (1) that the district is to be created and is to
111-6 operate under Section 48-f, Article III, Texas Constitution;
111-7 (2) the name of the proposed district;
111-8 (3) the district's boundaries as designated by metes
111-9 and bounds or other sufficient legal description;
111-10 (4) that none of the territory in the district is
111-11 included in another children's resource district;
111-12 (5) if there is not a local child and family
111-13 commission located within the proposed district boundaries, whether
111-14 the permanent directors will be appointed or elected and:
111-15 (A) if the directors are to be appointed, who
111-16 will appoint the directors and how the directors will be appointed;
111-17 or
111-18 (B) if the directors are to be elected, the
111-19 method by which the directors will be elected, whether at large,
111-20 from single-member subdistricts, or both, so that a specific number
111-21 of directors is elected from each subdistrict and a specific number
111-22 is elected at large;
111-23 (6) if there is not a local child and family
111-24 commission within the proposed district boundaries, the names of
111-25 the temporary directors the commissioners court must appoint under
112-1 Section 160.030 or a request that the commissioners court appoint
112-2 temporary directors, if the permanent directors are to be elected;
112-3 (7) the maximum tax rate to be voted on at the
112-4 creation election, which may not exceed 10 cents on each $100
112-5 valuation of all taxable property in the district; and
112-6 (8) the mailing address of each petitioner.
112-7 (b) If the directors are to be elected, the petition must
112-8 provide for the appointment of the same number of temporary
112-9 directors as there will be of permanent directors.
112-10 (c) The petition may provide the number of directors for the
112-11 district, which number must be an odd number.
112-12 Sec. 160.023. FILING OF PETITION; HEARING; ORDERING
112-13 ELECTION. (a) If the petition is in proper form, the county judge
112-14 shall receive the petition and shall file the petition with the
112-15 county clerk.
112-16 (b) At the next regular or special session of the
112-17 commissioners court held after the petition is filed with the
112-18 county clerk, the commissioners court shall set a place, date, and
112-19 time for a hearing to consider the petition.
112-20 (c) The county clerk shall issue a notice of the hearing in
112-21 accordance with Chapter 551, Government Code.
112-22 (d) At the time and place set for the hearing, the
112-23 commissioners court shall consider the petition. The commissioners
112-24 court shall grant the petition if the court finds that the petition
112-25 is in proper form and contains the information required by Section
113-1 160.022.
113-2 (e) If a petition is granted, the commissioners court shall
113-3 order an election to confirm the district's creation and to
113-4 authorize the levy of a tax not to exceed the amount prescribed by
113-5 the petition on each $100 valuation of all taxable property in the
113-6 district.
113-7 (f) If the petition indicates that the proposed district
113-8 will contain territory in more than one county, the commissioners
113-9 courts may not order an election until the commissioners court of
113-10 each county in which the district will be located has granted the
113-11 petition. The elections must be held on the same day.
113-12 (g) The election shall be held after the 45th day and on or
113-13 before the 60th day after the date the election is ordered.
113-14 (h) Section 41.001(a), Election Code, does not apply to an
113-15 election ordered under this section.
113-16 Sec. 160.024. ELECTION ORDER. The order calling the
113-17 election must state:
113-18 (1) the nature of the election, including the
113-19 proposition that is to appear on the ballot;
113-20 (2) the date of the election;
113-21 (3) the hours during which the polls will be open; and
113-22 (4) the locations of the polling places.
113-23 Sec. 160.025. NOTICE. (a) The commissioners court shall
113-24 give notice of the election by publishing a substantial copy of the
113-25 election order in a newspaper with general circulation in the
114-1 proposed district once a week for two consecutive weeks.
114-2 (b) The first publication must appear before the 35th day
114-3 before the date set for the election.
114-4 Sec. 160.026. BALLOT PROPOSITION. The ballot for the
114-5 election shall be printed to permit voting for or against the
114-6 proposition: "The creation of the ____________ (name of district)
114-7 Children's Resource District and the levy of annual taxes at a rate
114-8 not to exceed __________ (insert the amount prescribed by the
114-9 petition, not to exceed 10 cents) cents on each $100 valuation of
114-10 all taxable property in the district."
114-11 Sec. 160.027. ELECTION RESULT. (a) Except as provided by
114-12 Subsections (b) and (c), a district is created and organized under
114-13 this chapter if a majority of the votes cast in the election favor
114-14 creation of the district.
114-15 (b) If the proposed district contains territory in more than
114-16 one county, a majority of the votes cast in each county must favor
114-17 creation of the district.
114-18 (c) If a majority of the votes cast in a county within the
114-19 proposed district are against the creation of the district and a
114-20 majority of the votes cast in the remaining county or counties
114-21 favor creation of the district, the district may be created only in
114-22 the counties voting in favor of the proposed district.
114-23 (d) If the creation of the proposed district is defeated,
114-24 another election on the question of creating a district in the area
114-25 proposed for the defeated district may not be held before the first
115-1 anniversary of the most recent election concerning the creation of
115-2 the district.
115-3 Sec. 160.028. COMMISSIONERS COURT ORDER. When a district is
115-4 created, the commissioners court of each county in which the
115-5 district is located shall enter an order in its minutes that reads
115-6 substantially as follows:
115-7 "Whereas, at an election held on the ________ day of
115-8 __________ (month), ____ (year), in that part of __________ County,
115-9 State of Texas, described as (insert description unless the
115-10 district is countywide), there was submitted to the qualified
115-11 voters the question of whether that territory should be formed into
115-12 a children's resource district under state law; and
115-13 "Whereas, at the election _______ votes were cast in favor of
115-14 formation of the district and _______ votes were cast against
115-15 formation; and
115-16 "Whereas, the formation of the children's resource district
115-17 received the affirmative vote of the majority of the votes cast at
115-18 the election as provided by law;
115-19 "Now, therefore, the Commissioners Court of __________
115-20 County, State of Texas, finds and orders that the tract described
115-21 in this order has been duly and legally formed into a children's
115-22 resource district (or a part of a district) under the name of
115-23 __________, under Section 48-f, Article III, Texas Constitution,
115-24 and has the powers vested by law in the district."
115-25 Sec. 160.029. OVERLAPPING DISTRICTS. (a) If the territory
116-1 in one or more districts overlaps, the commissioners court of the
116-2 county in which the most recently created district is located by
116-3 order shall exclude the overlapping territory from that district.
116-4 (b) For purposes of this section, a district is created on
116-5 the date the election approving its creation is held. If the
116-6 elections approving the creation of two or more districts are held
116-7 on the same date, the most recently created district is the
116-8 district for which the hearing required by Section 160.023 was most
116-9 recently held.
116-10 (c) The fact that a district is created with boundaries that
116-11 overlap the boundaries of another district does not affect the
116-12 validity of either district.
116-13 Sec. 160.030. TEMPORARY DIRECTORS. (a) If a child and
116-14 family commission is located within the designated boundaries of
116-15 the district, the members of the child and family commission shall
116-16 serve as the board of directors of the district.
116-17 (b) If the permanent directors are to be elected, the
116-18 commissioners court shall appoint the temporary directors of the
116-19 district on the date the commissioners court enters the order
116-20 required by Section 160.028.
116-21 (c) If the petition prescribed by Section 160.021
116-22 specifically names temporary directors, the commissioners court
116-23 shall appoint those persons to serve as temporary directors of the
116-24 district. If the petition requests that the commissioners court
116-25 appoint the temporary directors, the court shall appoint the
117-1 appropriate number of persons to serve as temporary directors of
117-2 the district. If the petition fails to name or state the number of
117-3 temporary directors, the board is composed of five directors.
117-4 (d) If the district is located in more than one county, the
117-5 commissioners courts shall each appoint a percentage of temporary
117-6 directors equal to the ratio that the number of district residents
117-7 in the county bears to the total number of district residents.
117-8 (e) The temporary directors serve as directors of the
117-9 district from the time the district is created under Section
117-10 160.027 until a majority of the initial directors take office.
117-11 (f) The commissioners court shall fill a vacancy in the
117-12 office of temporary director by appointment.
117-13 (Sections 160.031 to 160.040 reserved for expansion
117-14 SUBCHAPTER C. DISTRICT ADMINISTRATION
117-15 Sec. 160.041. BOARD OF DIRECTORS. Unless a local child and
117-16 family commission is extant within the boundaries of the district,
117-17 the directors shall be appointed or elected in accordance with the
117-18 petition prescribed by Section 160.021.
117-19 Sec. 160.042. DIRECTORS' APPOINTMENT. (a) If the directors
117-20 are to be appointed, the initial directors shall be appointed on or
117-21 before the date a commissioners court enters the creation order
117-22 required by Section 160.028. If the petition fails to state the
117-23 number of directors, the board is composed of five directors.
117-24 (b) The initial directors shall draw lots to determine who
117-25 will serve four-year terms and who will serve two-year terms. The
118-1 number of directors computed by dividing the total number of
118-2 directors of the district by two and rounding to the next larger
118-3 whole number serve four-year terms and the remaining directors
118-4 serve two-year terms.
118-5 (c) Successor directors are appointed in the same manner as
118-6 the original appointment and serve four-year terms.
118-7 Sec. 160.043. INITIAL DIRECTORS' ELECTION. (a) If the
118-8 directors are to be elected, the initial directors shall be elected
118-9 at an election held on the next first Saturday in May of an
118-10 even-numbered year following the creation of the district.
118-11 (b) If the directors are to be elected at large, the
118-12 appropriate number of candidates who receive the highest number of
118-13 votes at the initial election of directors are directors for the
118-14 district.
118-15 (c) If the directors are to be elected only from
118-16 subdistricts, the candidate for a subdistrict who receives the
118-17 highest number of votes from that subdistrict is a director for
118-18 that subdistrict.
118-19 (d) If the directors are to be elected from subdistricts and
118-20 at large:
118-21 (1) the candidate for a subdistrict who receives the
118-22 highest number of votes from that subdistrict is a director for
118-23 that subdistrict; and
118-24 (2) the number of candidates equal to the number of
118-25 directors to be elected at large who receive the highest number of
119-1 votes from the district at large are directors for the district at
119-2 large.
119-3 (e) The initial directors shall draw lots to determine who
119-4 will serve four-year terms and who will serve two-year terms. The
119-5 number of directors computed by dividing the total number of
119-6 directors of the district by two and rounding to the next larger
119-7 whole number serve four-year terms and the remaining directors
119-8 serve two-year terms.
119-9 (f) An election shall be held on the first Saturday in May
119-10 in each even-numbered year to elect the appropriate number of
119-11 successor directors for four-year terms.
119-12 Sec. 160.044. ELECTION FROM SUBDISTRICTS. (a) If some or
119-13 all of the directors are to be elected from subdistricts, the
119-14 temporary directors shall establish the subdistricts from which the
119-15 directors are elected. The subdistricts must be contiguous and
119-16 substantially equal in population.
119-17 (b) One director shall be elected from each subdistrict.
119-18 (c) Except as provided by Section 160.043(e) and Subsection
119-19 (d), each director is elected for a four-year term.
119-20 (d) The board shall revise each subdistrict after the
119-21 publication of each federal decennial census to reflect population
119-22 changes. At the first election after the subdistricts are revised,
119-23 each director of the district shall be elected. The directors
119-24 shall draw lots to determine who will serve two-year terms and who
119-25 will serve four-year terms in accordance with Section 160.043(e).
120-1 Sec. 160.045. CHANGE FROM APPOINTING TO ELECTING DIRECTORS.
120-2 (a) If the directors are appointed, the board may, on its own
120-3 motion, order that the district change to a system of electing the
120-4 directors from subdistricts.
120-5 (b) The board shall order that the district change to a
120-6 system of electing the directors from subdistricts if:
120-7 (1) each appointing authority passes a resolution
120-8 calling for the election of the directors; or
120-9 (2) the board receives a petition signed by at least
120-10 30 percent of the registered voters of the district calling for the
120-11 election of the directors.
120-12 (c) If the district changes to a system of electing the
120-13 directors, the initial elected directors shall be elected at an
120-14 election held on the next first Saturday in May of an even-numbered
120-15 year following the date the order is made, the resolution is
120-16 passed, or the petition is received. The board by order may
120-17 postpone the election date until the first Saturday in May of the
120-18 first even-numbered year following the year in which the order is
120-19 made, the resolution is passed, or the petition is received if:
120-20 (1) the election will occur within 60 days after the
120-21 date the order is made, the resolution is passed, or the petition
120-22 is received; or
120-23 (2) the board determines that there is not sufficient
120-24 time to comply with the requirements of law and to order the
120-25 election.
121-1 (d) Each director shall be elected from a subdistrict in
121-2 accordance with the provisions of this subchapter relating to the
121-3 initial and subsequent election of directors from subdistricts.
121-4 Sec. 160.046. NOTICE OF ELECTION. Before the 35th day
121-5 before the date of an election of directors, notice of the election
121-6 shall be published one time in a newspaper with general circulation
121-7 in the district.
121-8 Sec. 160.047. APPLICATION. (a) A person who wishes to have
121-9 the person's name printed on the ballot as a candidate for director
121-10 must file an application with the secretary of the board.
121-11 (b) If directors are elected only from subdistricts, the
121-12 application must specify the subdistrict for which the applicant is
121-13 to be a candidate.
121-14 (c) If the directors are elected from subdistricts and at
121-15 large, the application must specify:
121-16 (1) the subdistrict the candidate wishes to represent;
121-17 or
121-18 (2) that the candidate wishes to represent the
121-19 district at large.
121-20 Sec. 160.048. QUALIFICATIONS FOR OFFICE. (a) To be
121-21 eligible to be a candidate for or to serve as an elected or
121-22 appointed director, a person must be:
121-23 (1) a resident of the district; and
121-24 (2) a qualified voter.
121-25 (b) In addition to the qualifications required by Subsection
122-1 (a), a person who is elected from a subdistrict or who is appointed
122-2 to fill a vacancy for a subdistrict must be a resident of that
122-3 subdistrict.
122-4 (c) An employee of a district may not serve as a director of
122-5 the district.
122-6 Sec. 160.049. DIRECTORS' BOND. (a) Before assuming the
122-7 duties of the office, a director must execute a bond for $5,000
122-8 payable to the district, conditioned on the faithful performance of
122-9 the person's duties as director.
122-10 (b) The bond shall be kept in the permanent records of the
122-11 district.
122-12 (c) The board may pay for directors' bonds with district
122-13 funds.
122-14 Sec. 160.050. BOARD VACANCY. (a) A vacancy in the office
122-15 of an elected director shall be filled for the unexpired term by
122-16 appointment by the remaining directors.
122-17 (b) A vacancy in the office of an appointed director shall
122-18 be filled for the unexpired term in the same manner as the original
122-19 appointment.
122-20 Sec. 160.051. OFFICERS. (a) The board shall elect from
122-21 among the directors a president and a vice-president.
122-22 (b) The board shall appoint a secretary who need not be a
122-23 director.
122-24 Sec. 160.052. OFFICERS' TERMS; VACANCY. (a) Each officer
122-25 of the board serves for a term of one year.
123-1 (b) The board shall fill a vacancy in a board office for the
123-2 unexpired term.
123-3 Sec. 160.053. COMPENSATION. (a) Directors and officers
123-4 serve without compensation but may be reimbursed for actual
123-5 expenses incurred in the performance of official duties.
123-6 (b) Expenses reimbursed under this section must be:
123-7 (1) reported in the district's minutes book or other
123-8 district records; and
123-9 (2) approved by the board.
123-10 Sec. 160.054. VOTING REQUIREMENT. A majority of the members
123-11 of the board voting must concur in a matter relating to the
123-12 business of the district.
123-13 Sec. 160.055. GENERAL MANAGER; PERSONNEL. (a) The board
123-14 shall employ a general manager for a term and salary set by the
123-15 board.
123-16 (b) The general manager is the chief executive officer of
123-17 the district. Under policies established by the board, the general
123-18 manager is responsible to the board for:
123-19 (1) administering the directives of the board;
123-20 (2) keeping the district's records, including minutes
123-21 of the board's meetings;
123-22 (3) coordinating with state, federal, and local
123-23 agencies;
123-24 (4) developing plans and programs for the board's
123-25 approval;
124-1 (5) hiring, supervising, training, and discharging
124-2 district employees;
124-3 (6) contracting for or retaining technical, legal,
124-4 fiscal, and other professional services; and
124-5 (7) performing any other duty assigned to the general
124-6 manager by the board.
124-7 (c) The board may discharge the general manager on a
124-8 majority vote of all of the voting directors.
124-9 Sec. 160.056. GENERAL MANAGER'S AND EMPLOYEES' BONDS.
124-10 (a) The general manager and each employee of the district charged
124-11 with the collection, custody, or payment of any money of the
124-12 district shall execute a fidelity bond. The board shall approve
124-13 the form, amount, and surety of the bond.
124-14 (b) The district shall pay the premiums on the employees'
124-15 bonds under this section.
124-16 Sec. 160.057. PRINCIPAL OFFICE. The district shall maintain
124-17 its principal office inside the district's boundaries.
124-18 Sec. 160.058. RECORDS. (a) The district shall keep
124-19 complete and accurate accounts of its business transactions in
124-20 accordance with generally accepted methods of accounting.
124-21 (b) The district shall keep complete and accurate minutes of
124-22 its meetings.
124-23 (c) The district shall maintain its accounts, contracts,
124-24 documents, minutes, and other records at its principal office.
124-25 Sec. 160.059. CONTRACTS. The board may enter into contracts
125-1 for administration or services as provided by this chapter and
125-2 shall execute those contracts in the name of the district.
125-3 Sec. 160.060. SUITS; PAYMENT OF JUDGMENTS. (a) The
125-4 district may, through its board, sue and be sued in any court of
125-5 this state in the name of the district. Service of process in a
125-6 suit may be made by serving the general manager or an officer of
125-7 the board.
125-8 (b) The courts of this state shall take judicial notice of
125-9 the creation of the district.
125-10 (c) A court of this state that renders a money judgment
125-11 against the district may require the board to pay the judgment from
125-12 money in the district depository that is not dedicated to the
125-13 payment of an indebtedness of the district.
125-14 Sec. 160.061. SEAL. The board shall adopt a seal for the
125-15 district and may alter the form of the seal from time to time.
125-16 (Sections 160.062 to 160.080 reserved for expansion
125-17 SUBCHAPTER D. POWERS AND DUTIES
125-18 Sec. 160.081. DUTIES. The district shall:
125-19 (1) provide, by contract or grant, funds for services
125-20 and activities for children;
125-21 (2) promote sound public policy regarding the problems
125-22 of children and the need for services and activities for children;
125-23 (3) promote and facilitate the identification,
125-24 development, coordination, and delivery of services and activities
125-25 for children;
126-1 (4) monitor and assess the effectiveness of programs
126-2 providing services or activities for children;
126-3 (5) recommend the role that each public and private
126-4 entity in the district should have in providing children's services
126-5 and activities;
126-6 (6) facilitate coordination of local services and
126-7 activities for children; and
126-8 (7) encourage cooperative, comprehensive, and
126-9 complementary planning among public, private, and volunteer
126-10 individuals and organizations engaged in providing services and
126-11 activities for children.
126-12 Sec. 160.082. LIMITATION ON POWERS. The district may not
126-13 directly provide services or activities for children.
126-14 Sec. 160.083. ANNUAL PLAN. (a) The district shall prepare
126-15 and approve an annual plan for expending funds for children's
126-16 services and activities.
126-17 (b) The plan must establish funding priorities for programs
126-18 and activities for children.
126-19 Sec. 160.084. GRANTS. (a) The district may award grants to
126-20 fund services and activities for children in the district.
126-21 (b) Any person, including a person who receives funds from
126-22 other governmental entities, may apply for a grant under this
126-23 section. The district may award grants that continue for one year.
126-24 The district may renew a grant.
126-25 (c) The district shall develop:
127-1 (1) eligibility criteria for applicants;
127-2 (2) grant application procedures;
127-3 (3) guidelines relating to grant amounts; and
127-4 (4) procedures for evaluating grant applications.
127-5 (d) The district may require a grant applicant to match a
127-6 grant in a ratio determined by the district. A person may not use
127-7 funds received from the district to meet a match requirement.
127-8 (e) The district shall develop criteria for disqualifying a
127-9 director from participating in a decision relating to an
127-10 application for a grant if the director is an employee, board
127-11 member, or officer of the applicant.
127-12 Sec. 160.085. FUNDING BY OTHER GOVERNMENTAL ENTITY. The
127-13 state or a political subdivision of the state may not reduce
127-14 funding for a program as a result of the program's receiving a
127-15 grant under this subchapter.
127-16 Sec. 160.086. GIFTS, GRANTS, LOANS, AND OTHER FUNDS. To
127-17 carry out any purpose or power under this chapter, the district may
127-18 apply for, accept, receive, or administer gifts, grants, loans, or
127-19 other funds available from any source.
127-20 Sec. 160.087. CONSULTATION, CONTRACTS, AND COOPERATION WITH
127-21 OTHER GOVERNMENTAL AGENCIES AND ENTITIES. To carry out any purpose
127-22 or power under this chapter, the district may advise, consult,
127-23 contract, or cooperate with the federal government or its agencies,
127-24 the state or its agencies, local governments, or private entities.
127-25 Sec. 160.088. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT,
128-1 AND SUPPLIES OVER $10,000. (a) If the estimated amount of a
128-2 proposed contract for the purchase of vehicles, equipment, or
128-3 supplies is more than $10,000, the board shall ask for competitive
128-4 bids as provided by Subchapter B, Chapter 271, Local Government
128-5 Code.
128-6 (b) This section does not apply to purchases of property
128-7 from public agencies or to contracts for personal or professional
128-8 services.
128-9 Sec. 160.089. METHODS AND PROCEDURES. The board may
128-10 prescribe:
128-11 (1) the method of making purchases and expenditures by
128-12 and for the district; and
128-13 (2) accounting and control procedures for the
128-14 district.
128-15 (Sections 160.090 to 160.100 reserved for expansion
128-16 SUBCHAPTER E. CHANGE IN BOUNDARIES OR
128-17 DISSOLUTION OF DISTRICT
128-18 Sec. 160.101. EXPANSION OF DISTRICT TERRITORY.
128-19 (a) Registered voters of a defined territory that is not included
128-20 in a district may file a petition with the secretary of the board
128-21 requesting the inclusion of the territory in the district. The
128-22 petition must be signed by at least 50 registered voters of the
128-23 territory or a majority of the registered voters of the territory,
128-24 whichever is less.
128-25 (b) The board by order shall set a time and place to hold a
129-1 hearing on the petition. The date for the hearing must be after
129-2 the 30th day after the date the board issues the order.
129-3 (c) If after the hearing the board finds that annexation of
129-4 the territory into the district is feasible and would benefit the
129-5 district, the board may approve the annexation by a resolution
129-6 entered in its minutes. The board is not required to include all
129-7 of the territory described by the petition if the board finds that
129-8 a change of the boundary of the territory is necessary or
129-9 desirable.
129-10 (d) Annexation of territory is final when approved both by a
129-11 majority of the voters at an election held in the district and by a
129-12 majority of the voters at a separate election held in the territory
129-13 to be annexed. If the district has outstanding debts or taxes, the
129-14 voters in the election to approve the annexation must also
129-15 determine whether the annexed territory will assume its proportion
129-16 of the debts or taxes if added to the district.
129-17 (e) The election ballots shall be printed to permit voting
129-18 for or against the following, as applicable:
129-19 (1) "Adding (description of territory to be added) to
129-20 the __________ Children's Resource District."
129-21 (2) "(Description of territory to be added) assuming
129-22 its proportionate share of the outstanding debts and taxes of the
129-23 __________ Children's Resource District, if it is added to the
129-24 district."
129-25 (f) The election shall be held after the 45th day and on or
130-1 before the 60th day after the date the election is ordered. The
130-2 election shall be ordered and notice of the election shall be given
130-3 in the same manner as provided by Sections 160.024 and 160.025 for
130-4 ordering and giving notice of an election authorizing creation of
130-5 the district. Section 41.001(a), Election Code, does not apply to
130-6 an election held under this section.
130-7 Sec. 160.102. DISSOLUTION. (a) A district may be dissolved
130-8 as provided by this section.
130-9 (b) The board may order an election on the question of
130-10 dissolving the district and disposing of the district's assets and
130-11 obligations. The board shall order an election if the board
130-12 receives a petition requesting an election that is signed by a
130-13 number of residents of the district equal to at least 15 percent of
130-14 the registered voters in the district.
130-15 (c) The election shall be held not later than the 60th day
130-16 after the date the election is ordered. Section 41.001(a),
130-17 Election Code, does not apply to an election ordered under this
130-18 section.
130-19 (d) The ballot for the election shall be printed to permit
130-20 voting for or against the proposition: "The dissolution of the
130-21 _________ Children's Resource District." The election shall be
130-22 held in accordance with the applicable provisions of the Election
130-23 Code.
130-24 (e) If a majority of the votes in the election do not favor
130-25 dissolution, the board shall continue to administer the district,
131-1 and another election on the question of dissolution may not be held
131-2 before the first anniversary of the most recent election to
131-3 dissolve the district.
131-4 Sec. 160.103. TRANSFER OF ASSETS AFTER DISSOLUTION. (a) If
131-5 a majority of the votes in an election under Section 160.102 favor
131-6 dissolution, the board shall find that the district is dissolved
131-7 and:
131-8 (1) transfer the land, buildings, improvements,
131-9 equipment, and other assets that belong to the district to a county
131-10 or another governmental entity in the district; or
131-11 (2) administer the property, assets, and debts in
131-12 accordance with Section 160.104.
131-13 (b) If the district transfers its property and other assets
131-14 under this section, the county or entity assumes all debts and
131-15 obligations of the district at the time of the transfer, and the
131-16 district is dissolved.
131-17 Sec. 160.104. ADMINISTRATION OF PROPERTY, ASSETS, AND DEBTS
131-18 AFTER DISSOLUTION. (a) If the district does not transfer its
131-19 property and other assets to a county or another governmental
131-20 entity in the district, the board shall continue to control and
131-21 administer the property, assets, and debts of the district until
131-22 all funds have been disposed of and all district debts have been
131-23 paid or settled.
131-24 (b) After the board finds that the district is dissolved,
131-25 the board shall:
132-1 (1) determine the debt owed by the district; and
132-2 (2) impose a tax on property that was included in the
132-3 district when the district was dissolved in an amount sufficient to
132-4 pay the debt when due.
132-5 (c) The board may institute a suit to enforce payment of
132-6 taxes and to foreclose liens to secure the payment of taxes due the
132-7 district.
132-8 Sec. 160.105. RETURN OF SURPLUS TAX MONEY. (a) When all
132-9 outstanding debts of the district are paid, the board shall order
132-10 the secretary to return the pro rata share of all unused tax money
132-11 to each district taxpayer.
132-12 (b) A taxpayer may request that the taxpayer's share of
132-13 surplus tax money be credited to the taxpayer's county taxes. The
132-14 board shall direct its secretary to transmit that amount to the
132-15 county tax assessor-collector.
132-16 Sec. 160.106. REPORT; DISSOLUTION ORDER. (a) After the
132-17 district has paid all debts and disposed of all assets as
132-18 prescribed by Sections 160.104 and 160.105, the board shall file
132-19 with the commissioners court of each county in which the district
132-20 is located a written report setting forth a summary of the board's
132-21 actions in dissolving the district.
132-22 (b) Not later than the 10th day after the date it receives
132-23 the report and determines that the requirements of this section
132-24 have been fulfilled, the commissioners court of each county shall
132-25 enter an order dissolving the district.
133-1 (Sections 160.107 to 160.120 reserved for expansion
133-2 SUBCHAPTER F. DISTRICT FINANCES
133-3 Sec. 160.121. FISCAL YEAR. (a) The district operates on
133-4 the fiscal year established by the board.
133-5 (b) The fiscal year may not be changed if revenue bonds of
133-6 the district are outstanding or more than once in a 24-month
133-7 period.
133-8 Sec. 160.122. ANNUAL AUDIT. The board annually shall have
133-9 an audit made of the financial condition of the district.
133-10 Sec. 160.123. AUDIT AND RECORDS. The annual audit and other
133-11 district records are open to inspection during regular business
133-12 hours at the principal office of the district.
133-13 Sec. 160.124. ANNUAL BUDGET. (a) The general manager of
133-14 the district shall prepare a proposed annual budget for the
133-15 district.
133-16 (b) The proposed budget must contain a complete financial
133-17 statement, including a statement of:
133-18 (1) the outstanding obligations of the district;
133-19 (2) the amount of cash on hand to the credit of each
133-20 fund of the district;
133-21 (3) the amount of money received by the district from
133-22 all sources during the previous year;
133-23 (4) the amount of money available to the district from
133-24 all sources during the ensuing year;
133-25 (5) the amount of the balances expected at the end of
134-1 the year in which the budget is being prepared;
134-2 (6) the estimated amount of revenue and balances
134-3 available to cover the proposed budget; and
134-4 (7) the estimated tax rate that will be required.
134-5 Sec. 160.125. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The
134-6 board shall hold a public hearing on the proposed annual budget.
134-7 (b) The board shall publish notice of the hearing in a
134-8 newspaper of general circulation in the district not later than the
134-9 10th day before the date of the hearing.
134-10 (c) Any resident of the district is entitled to be present
134-11 at and participate in the hearing.
134-12 (d) At the conclusion of the hearing, the board shall adopt
134-13 a budget by acting on the budget proposed by the general manager.
134-14 The board may make any changes in the proposed budget that in its
134-15 judgment the interests of the taxpayers demand.
134-16 (e) The budget is effective only after adoption by the
134-17 board.
134-18 Sec. 160.126. AMENDING BUDGET. After adoption, the annual
134-19 budget may be amended on the board's approval.
134-20 Sec. 160.127. LIMITATION OF EXPENDITURES. Money may not be
134-21 spent for an expense not included in the annual budget or an
134-22 amendment to it.
134-23 Sec. 160.128. SWORN STATEMENT. As soon as practicable after
134-24 the close of the fiscal year, the general manager shall prepare for
134-25 the board a sworn statement of the amount of money that belongs to
135-1 the district and an account of the disbursements of that money.
135-2 Sec. 160.129. SPENDING AND INVESTMENT LIMITATIONS. (a) The
135-3 district may not incur a debt payable from revenue of the district
135-4 other than the revenue on hand or to be on hand in the current and
135-5 immediately following fiscal years of the district.
135-6 (b) The board may invest operating reserves only in funds or
135-7 securities specified by Article 836 or 837, Revised Statutes.
135-8 Sec. 160.130. DEPOSITORY. (a) The board shall name at
135-9 least one bank to serve as depository for district funds.
135-10 (b) The district shall deposit with the depository funds,
135-11 other than those invested as provided by Section 160.129(b) and
135-12 those transmitted to a bank of payment for obligations issued or
135-13 assumed by the district, as they are received and shall keep the
135-14 funds on deposit. This subsection does not limit the power of the
135-15 board to place a portion of district funds on time deposit or to
135-16 purchase certificates of deposit.
135-17 (c) Before the district deposits funds in a bank in an
135-18 amount that exceeds the maximum amount secured by the Federal
135-19 Deposit Insurance Corporation, the bank must execute a bond or
135-20 other security in an amount sufficient to secure from loss the
135-21 district funds that exceed the amount secured by the Federal
135-22 Deposit Insurance Corporation.
135-23 (Sections 160.131 to 160.140 reserved for expansion
135-24 SUBCHAPTER G. TAXES
135-25 Sec. 160.141. LEVY OF TAXES. (a) The board annually may
136-1 impose property taxes in an amount not to exceed the limit approved
136-2 by the voters at the election authorizing the levy of taxes.
136-3 (b) The tax rate for all purposes may not exceed 10 cents on
136-4 each $100 valuation of all taxable property in the district.
136-5 (c) The taxes may be used to pay:
136-6 (1) the indebtedness issued or assumed by the
136-7 district; and
136-8 (2) the maintenance and operating expenses of the
136-9 district.
136-10 Sec. 160.142. BOARD AUTHORITY. The board may impose taxes
136-11 for the entire year in which the district is created.
136-12 Sec. 160.143. ADOPTING TAX RATE. In adopting the tax rate,
136-13 the board shall consider the income of the district from sources
136-14 other than taxation.
136-15 Sec. 160.144. TAX ASSESSMENT AND COLLECTION. (a) The Tax
136-16 Code governs the appraisal, assessment, and collection of district
136-17 taxes.
136-18 (b) The board may provide for the appointment of a tax
136-19 assessor-collector for the district or may contract for the
136-20 assessment and collection of taxes as provided by the Tax Code.
136-21 SECTION 8.02. This article takes effect on the date the
136-22 constitutional amendment proposed by the 74th Legislature, Regular
136-23 Session, 1995, relating to the creation, operation, and financing
136-24 of children's resource districts takes effect. If that amendment
136-25 is not approved by the voters, this article has no effect.
137-1 ARTICLE IX. REPORTS OF CHILDHOOD LEAD POISONING
137-2 SECTION 9.01. Subtitle D, Title 2, Health and Safety Code,
137-3 is amended by adding Chapter 88 to read as follows:
137-4 CHAPTER 88. REPORTS OF CHILDHOOD LEAD POISONING
137-5 Sec. 88.001. DEFINITIONS. In this chapter:
137-6 (1) "Child care" includes a school, preschool,
137-7 kindergarten, nursery school, or other similar activity that
137-8 provides care or instruction for young children.
137-9 (2) "Child care facility" means a public place or a
137-10 residence in which a person furnishes child care.
137-11 (3) "Health authority" means a physician appointed as
137-12 such under Chapter 121.
137-13 (4) "Health professional" means an individual whose:
137-14 (A) vocation or profession is directly or
137-15 indirectly related to the maintenance of health in another
137-16 individual; and
137-17 (B) duties require a specified amount of formal
137-18 education and may require a special examination, certificate or
137-19 license, or membership in a regional or national association.
137-20 (5) "Lead" includes metallic lead and lead-containing
137-21 materials.
137-22 (6) "Lead poisoning" means the presence of blood lead
137-23 concentrations known to be associated with mental and physical
137-24 disorders due to absorption, ingestion, or inhalation of lead as
137-25 specified in the most recent criteria issued by the United States
138-1 Department of Health and Human Services, United States Public
138-2 Health Service, Centers for Disease Control of the United States
138-3 Public Health Service, or other national public health organization
138-4 specified by board rule.
138-5 (7) "Local health department" means a department
138-6 created under Chapter 121.
138-7 (8) "Physician" means a person licensed to practice
138-8 medicine by the Texas State Board of Medical Examiners.
138-9 (9) "Public health district" means a district created
138-10 under Chapter 121.
138-11 (10) "Public place" means all or any portion of an
138-12 area, building or other structure, or conveyance that is not used
138-13 for private residential purposes, regardless of ownership.
138-14 (11) "Regional director" means a physician appointed
138-15 by the board as the chief administrative officer of a public health
138-16 region under Chapter 121.
138-17 Sec. 88.002. CONFIDENTIALITY. (a) Except as specifically
138-18 authorized by this chapter, reports, records, and information
138-19 furnished to a health authority, a regional director, or the
138-20 department that relate to cases or suspected cases of childhood
138-21 lead poisoning are confidential and may be used only for the
138-22 purposes of this chapter.
138-23 (b) Reports, records, and information relating to cases or
138-24 suspected cases of childhood lead poisoning are not public
138-25 information under the open records law, Chapter 552, Government
139-1 Code, and may not be released or made public on subpoena or
139-2 otherwise except as provided by this chapter.
139-3 (c) Medical, epidemiologic, or toxicologic information may
139-4 be released:
139-5 (1) for statistical purposes if released in a manner
139-6 that prevents the identification of any person;
139-7 (2) with the consent of each person identified in the
139-8 information;
139-9 (3) to medical personnel, appropriate state agencies,
139-10 health authorities, regional directors, and public officers of
139-11 counties and municipalities as necessary to comply with this
139-12 chapter and related rules;
139-13 (4) to appropriate federal agencies, such as the
139-14 Centers for Disease Control of the United States Public Health
139-15 Service, except that the information must be limited to the
139-16 information requested by the agency; or
139-17 (5) to medical personnel to the extent necessary in a
139-18 medical emergency to protect the health or life of the child
139-19 identified in the information.
139-20 (d) The commissioner, a regional director or other
139-21 department employee, a health authority or employee of a public
139-22 health district, a health authority or employee of a county or
139-23 municipal health department, or a public official of a county or
139-24 municipality may not be examined in a civil, criminal, special, or
139-25 other proceeding as to the existence or contents of pertinent
140-1 records of or reports or information about a child identified,
140-2 examined, or treated for lead poisoning by the department, a public
140-3 health district, a local health department, or a health authority
140-4 without the consent of the child's parents, managing conservator,
140-5 guardian, or other person authorized by law to give consent.
140-6 Sec. 88.003. REPORTABLE HEALTH CONDITIONS. (a) Early
140-7 childhood lead poisoning is a reportable health condition.
140-8 (b) The board by rule may designate:
140-9 (1) blood lead concentrations in children that must be
140-10 reported; and
140-11 (2) the ages of children for whom the reporting
140-12 requirements apply.
140-13 (c) The board may adopt rules that establish a registry of
140-14 children with lead poisoning.
140-15 Sec. 88.004. PERSONS REQUIRED TO REPORT. (a) A person
140-16 required to report early childhood lead poisoning shall report to
140-17 the department in the manner specified by board rule. Except as
140-18 provided by this section, a person required by this section to
140-19 report must make the report immediately after the person gains
140-20 knowledge of the case or suspected case of childhood lead
140-21 poisoning.
140-22 (b) A physician shall report a case or suspected case of
140-23 childhood lead poisoning after the physician's first examination of
140-24 a child for whom reporting is required by board rule.
140-25 (c) A person in charge of an independent clinical
141-1 laboratory, a hospital or clinic laboratory, or other facility in
141-2 which a laboratory examination of a specimen derived from the human
141-3 body yields evidence of childhood lead poisoning shall report the
141-4 findings to the department as required by board rule.
141-5 (d) If a report is not made as required by Subsection (b) or
141-6 (c), the following persons shall report a case or suspected case of
141-7 childhood lead poisoning and all information known concerning the
141-8 child:
141-9 (1) the administrator of a hospital licensed under
141-10 Chapter 241;
141-11 (2) a professional registered nurse;
141-12 (3) an administrator or director of a public or
141-13 private child care facility;
141-14 (4) an administrator of a home health agency;
141-15 (5) an administrator or health official of a public or
141-16 private institution of higher education;
141-17 (6) a superintendent, manager, or health official of a
141-18 public or private camp, home, or institution;
141-19 (7) a parent, managing conservator, guardian, or
141-20 residence owner; and
141-21 (8) a health professional.
141-22 Sec. 88.005. REPORTING PROCEDURES. (a) The board shall
141-23 prescribe the form and method of reporting under this chapter,
141-24 including a report in writing, by telephone, or by electronic data
141-25 transmission.
142-1 (b) Board rules may require the reports to contain any
142-2 information relating to a case that is necessary for the purposes
142-3 of this chapter, including:
142-4 (1) the child's name, address, age, sex, and race;
142-5 (2) the child's blood lead concentration;
142-6 (3) the procedure used to determine the child's blood
142-7 lead concentration; and
142-8 (4) the name of the attending physician.
142-9 (c) The commissioner may authorize an alternate routing of
142-10 information in particular cases if the commissioner determines that
142-11 the customary reporting procedure would cause the information to be
142-12 unduly delayed.
142-13 Sec. 88.006. REPORTS OF HOSPITALIZATION; DEATH. (a) A
142-14 physician who attends a child during the child's hospitalization
142-15 shall immediately notify the department if the physician knows or
142-16 suspects that the child has lead poisoning and the physician
142-17 believes the lead poisoning resulted from the child's exposure to a
142-18 dangerous level of environmental lead that may be a threat to the
142-19 public health.
142-20 (b) A physician who attends a child during the child's last
142-21 illness shall immediately notify the department if the physician:
142-22 (1) knows or suspects that the child died of lead
142-23 poisoning; and
142-24 (2) believes the lead poisoning resulted from the
142-25 child's exposure to a dangerous level of environmental lead that
143-1 may be a threat to the public health.
143-2 (c) An attending physician, health authority, or regional
143-3 director, with the consent of the child's survivors, may request an
143-4 autopsy if the physician, health authority, or regional director
143-5 needs further information concerning the cause of death in order to
143-6 protect the public health. The health authority or regional
143-7 director may order the autopsy to determine the cause of death if
143-8 the child's survivors do not consent to the autopsy. The autopsy
143-9 results shall be reported to the department.
143-10 (d) A justice of the peace acting as coroner or a medical
143-11 examiner in the course of an inquest under Chapter 49, Code of
143-12 Criminal Procedure, who finds that a child's cause of death was
143-13 lead poisoning that resulted from exposure to a dangerous level of
143-14 environmental lead that the justice of the peace or medical
143-15 examiner believes may be a threat to the public health shall
143-16 immediately notify the health authority or the regional director in
143-17 the jurisdiction in which the finding is made.
143-18 SECTION 9.02. This article takes effect January 1, 1996.
143-19 ARTICLE X. JUVENILE CURFEW
143-20 SECTION 10.01. Subchapter Z, Chapter 341, Local Government
143-21 Code, is amended by adding Section 341.904 to read as follows:
143-22 Sec. 341.904. JUVENILE CURFEW ORDINANCE IN GENERAL-LAW
143-23 MUNICIPALITY. (a) The governing body of a general-law
143-24 municipality may adopt a curfew ordinance to regulate the movements
143-25 or actions of persons under 17 years of age, not inconsistent with
144-1 state law, that is for the good government, peace, public safety,
144-2 or order of the municipality.
144-3 (b) This authority includes the authority to:
144-4 (1) establish the hours of the curfew, including
144-5 different hours for different days of the week;
144-6 (2) apply different curfew hours to different age
144-7 groups of juveniles;
144-8 (3) describe the kinds of conduct subject to the
144-9 curfew;
144-10 (4) determine the locations to which the curfew
144-11 applies;
144-12 (5) determine which persons incur liability if a
144-13 violation of the curfew occurs;
144-14 (6) prescribe procedures a police officer or other
144-15 person must follow in enforcing the curfew; and
144-16 (7) establish exemptions from the curfew.
144-17 (c) A person commits an offense if the person violates a
144-18 restriction or prohibition imposed by an order adopted under this
144-19 section. An offense under this subsection is a Class C
144-20 misdemeanor.
144-21 SECTION 10.02. Subchapter Z, Chapter 351, Local Government
144-22 Code, is amended by adding Section 351.903 to read as follows:
144-23 Sec. 351.903. JUVENILE CURFEW ORDER. (a) The commissioners
144-24 court of a county by order may adopt a curfew applying to the
144-25 unincorporated area of the county to regulate the movements or
145-1 actions of persons under 17 years of age, not inconsistent with
145-2 state law, that is for the good government, peace, public safety,
145-3 or order of the county.
145-4 (b) This authority includes the authority to:
145-5 (1) establish the hours of the curfew, including
145-6 different hours for different days of the week;
145-7 (2) apply different curfew hours to different age
145-8 groups of juveniles;
145-9 (3) describe the kinds of conduct subject to the
145-10 curfew;
145-11 (4) determine the locations to which the curfew
145-12 applies;
145-13 (5) determine which persons incur liability if a
145-14 violation of the curfew occurs;
145-15 (6) prescribe procedures a police officer or other
145-16 person must follow in enforcing the curfew; and
145-17 (7) establish exemptions from the curfew.
145-18 (c) A person commits an offense if the person violates a
145-19 restriction or prohibition imposed by an order adopted under this
145-20 section. An offense under this subsection is a Class C
145-21 misdemeanor.
145-22 SECTION 10.03. This article takes effect immediately.
145-23 ARTICLE XI. SALE OF TOBACCO PRODUCTS
145-24 SECTION 11.01. Subsection (b), Section 154.111, Tax Code, is
145-25 amended to read as follows:
146-1 (b) An application for a permit required by this chapter
146-2 must be accompanied by a fee of:
146-3 (1) $100 for a bonded agent's permit;
146-4 (2) $100 for a distributor's permit;
146-5 (3) $50 for a wholesaler's permit; <and>
146-6 (4) $50 for a retailer's permit; and
146-7 (5) $15 for each permit for a vehicle if the applicant
146-8 is also applying for a permit as a bonded agent, distributor, or
146-9 wholesaler or has received a current permit from the treasurer
146-10 under Sections 154.101 and 154.110.
146-11 SECTION 11.02. Section 154.114, Tax Code, is amended by
146-12 adding Subsection (h) to read as follows:
146-13 (h) The treasurer may suspend or revoke a retailer's permit
146-14 if the treasurer finds, after notice and hearing as provided by
146-15 this section, that the retailer has been adjudged guilty of an
146-16 offense under Section 161.081(d), Health and Safety Code, on four
146-17 or more occasions within a five-year period.
146-18 SECTION 11.03. Section 154.121, Tax Code, is amended to read
146-19 as follows:
146-20 Sec. 154.121. REVENUE. (a) Revenue from the sale of
146-21 permits to distributors, wholesalers, and bonded agents is
146-22 allocated in the same manner as other revenue allocated by
146-23 Subchapter J.
146-24 (b) Revenue from the sale of permits to retailers shall be
146-25 deposited in the state treasury to the credit of the account
147-1 created by Section 161.084, Health and Safety Code.
147-2 SECTION 11.04. Subsection (b), Section 155.049, Tax Code, is
147-3 amended to read as follows:
147-4 (b) An application for a permit required by this chapter
147-5 must be accompanied by a fee of:
147-6 (1) $100 for a bonded agent's permit;
147-7 (2) $100 for a distributor's permit;
147-8 (3) $50 for a wholesaler's permit; <and>
147-9 (4) $50 for a retailer's permit; and
147-10 (5) $15 for each permit for a vehicle if the applicant
147-11 is also applying for a permit as a bonded agent, distributor, or
147-12 wholesaler or has received a current permit from the treasurer
147-13 under Sections 155.041 and 155.048.
147-14 SECTION 11.05. Section 155.058, Tax Code, is amended to read
147-15 as follows:
147-16 Sec. 155.058. REVENUE. (a) Revenue from the sale of
147-17 permits to distributors, wholesalers, and bonded agents is
147-18 allocated in the same manner that other revenue is allocated by
147-19 Subchapter H.
147-20 (b) Revenue from the sale of permits to retailers shall be
147-21 deposited in the state treasury to the credit of the account
147-22 created by Section 161.084, Health and Safety Code.
147-23 SECTION 11.06. Section 155.059, Tax Code, is amended by
147-24 adding Subsection (h) to read as follows:
147-25 (h) The treasurer may suspend or revoke a retailer's permit
148-1 if the treasurer finds, after notice and hearing as provided by
148-2 this section, that the retailer has been adjudged guilty of an
148-3 offense under Section 161.081(d), Health and Safety Code, on four
148-4 or more occasions within a five-year period.
148-5 SECTION 11.07. Section 161.081, Health and Safety Code, is
148-6 amended by amending Subsection (b) and adding Subsections (d) and
148-7 (e) to read as follows:
148-8 (b) An offense under Subsection (a) <this section> is a
148-9 Class C misdemeanor.
148-10 (d) Criminal liability for a violation of this section
148-11 extends, in the manner authorized by Section 7.22, Penal Code, to a
148-12 corporation or association that employs a person who commits an
148-13 offense under Subsection (a).
148-14 (e) A court may sentence a corporation or association that
148-15 is adjudged guilty of an offense under Subsection (d) to pay a fine
148-16 of:
148-17 (1) $200 for the first offense;
148-18 (2) $600 for an offense if, within a five-year period
148-19 preceding the offense, one other offense under this section was
148-20 committed;
148-21 (3) $1,200 for an offense if, within a five-year
148-22 period preceding the offense, two other offenses under this section
148-23 were committed; or
148-24 (4) $4,000 for an offense if, within a five-year
148-25 period preceding the offense, three or more offenses under this
149-1 section were committed.
149-2 SECTION 11.08. Subchapter H, Chapter 161, Health and Safety
149-3 Code, is amended by adding Sections 161.083 and 161.084 to read as
149-4 follows:
149-5 Sec. 161.083. LOCATION OF VENDING MACHINES CONTAINING
149-6 CIGARETTES OR OTHER TOBACCO PRODUCTS. (a) Except as provided by
149-7 Subsection (b), a person may not install or maintain a vending
149-8 machine containing cigarettes or other tobacco products in a place
149-9 that is generally accessible to the public or to persons younger
149-10 than 18 years of age, regardless of whether it is accessible to the
149-11 public.
149-12 (b) Subsection (a) does not apply to:
149-13 (1) a bar, lounge, or similar place where a person
149-14 younger than 18 years of age may not enter unless accompanied by a
149-15 parent or guardian;
149-16 (2) a private business office that is not open to
149-17 persons younger than 18 years of age;
149-18 (3) an industrial or manufacturing plant; or
149-19 (4) an installation or facility of the state military
149-20 forces.
149-21 (c) This section does not preempt a local regulation of the
149-22 installation or maintenance of a vending machine containing
149-23 cigarettes or other tobacco products or affect the authority of a
149-24 political subdivision to adopt or enforce an ordinance or
149-25 requirement relating to the installation or maintenance of a
150-1 vending machine containing cigarettes or other tobacco products if
150-2 the regulation, ordinance, or requirement is compatible with and
150-3 equal to or more stringent than this section.
150-4 (d) A person commits an offense if the person violates
150-5 Subsection (a). An offense under this subsection is a Class C
150-6 misdemeanor.
150-7 Sec. 161.084. COORDINATION OF LOCAL ENFORCEMENT BY TEXAS
150-8 D.A.R.E. INSTITUTE; SPECIAL ACCOUNT. (a) The Texas D.A.R.E.
150-9 Institute is responsible for coordinating local enforcement of this
150-10 subchapter to prohibit the sale of tobacco products to minors.
150-11 (b) The Texas Department of Health, the Texas Commission on
150-12 Alcohol and Drug Abuse, and the Texas D.A.R.E. Institute shall
150-13 enter into a memorandum of understanding to coordinate enforcement
150-14 and prevention strategies concerning minors' access to tobacco
150-15 products, including the sharing of information relating to retail
150-16 and vendor compliance with this subchapter.
150-17 (c) An account is created in the state treasury for the
150-18 deposit of revenue under Sections 154.121(b) and 155.058(b), Tax
150-19 Code. Money from the account may be appropriated only to the Texas
150-20 Commission on Alcohol and Drug Abuse for the Texas D.A.R.E.
150-21 Institute for the institute's programs relating to:
150-22 (1) coordination of the enforcement of state law
150-23 prohibiting the sale of tobacco products to minors; and
150-24 (2) education and awareness concerning the use of
150-25 drugs, alcohol, and tobacco.
151-1 (d) In this section, "Texas D.A.R.E. Institute" means the
151-2 Texas Drug Abuse Resistance Education Institute that is a grant
151-3 program of Southwest Texas State University.
151-4 SECTION 11.09. (a) Except as provided by Subsection (b) of
151-5 this section, this article takes effect September 1, 1995.
151-6 (b) Sections 11.01 and 11.04 of this article take effect
151-7 May 1, 1996, and apply only to a retailer's permit that expires on
151-8 or after May 31, 1996.
151-9 (c) The memorandum of understanding required by Subsection
151-10 (b), Section 161.084, Health and Safety Code, as added by Section
151-11 11.08 of this article, must be completed on or before January 1,
151-12 1996.
151-13 ARTICLE XII. PROGRAMS TO IMPROVE CHILDREN'S
151-14 HEALTH AND WELFARE
151-15 SECTION 12.01. (a) Chapter 32, Health and Safety Code, is
151-16 amended by adding Section 32.022 to read as follows:
151-17 Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM.
151-18 (a) The department shall establish a program to promote public
151-19 awareness of the importance of prenatal care.
151-20 (b) The public awareness program shall:
151-21 (1) focus on the benefits of early and ongoing
151-22 prenatal care, including the reduction of low birth weights and
151-23 infant mortality; and
151-24 (2) target low-income areas of the state.
151-25 (c) To conduct the public awareness program required by this
152-1 section, the department shall utilize, among other resources, the
152-2 network of local coalitions developed by the department to promote
152-3 its immunization public awareness program.
152-4 (b) The Texas Department of Health shall establish the
152-5 prenatal care public awareness program required by Section 32.022,
152-6 Health and Safety Code, as added by this section, not later than
152-7 January 1, 1996.
152-8 SECTION 12.02. DENTAL SERVICES FOR CHILDREN. (a) The Texas
152-9 Department of Health shall develop a plan to increase accessibility
152-10 of dental services for children that targets children who are
152-11 eligible for but are not receiving medical assistance. In
152-12 developing the plan, the department shall:
152-13 (1) explore the extent of services needed to reach all
152-14 eligible children;
152-15 (2) determine the most appropriate age to target
152-16 children for preventive services;
152-17 (3) determine how to better use preventive care;
152-18 (4) examine the expansion of school-based services for
152-19 early diagnostic screening;
152-20 (5) consider the need for dental equipment, including
152-21 mobile units, portable equipment, and computer equipment;
152-22 (6) consider involving private practitioners by
152-23 exploring the following possibilities:
152-24 (A) increasing compensation for services;
152-25 (B) forgiving school loans for participating
153-1 dentists;
153-2 (C) requiring 40 hours a year of mandatory
153-3 services for children in the early and periodic screening,
153-4 diagnosis, and treatment program or for other children eligible for
153-5 state services; and
153-6 (D) creating a formal structure to bring
153-7 dentists into schools;
153-8 (7) investigate alternative methods to educate parents
153-9 about the causes and prevention of baby bottle tooth decay; and
153-10 (8) consider requiring fluoridation of all major water
153-11 supplies.
153-12 (b) Using existing departmental resources, the department
153-13 shall prepare the plan required by this section and the projected
153-14 budget for that plan not later than September 1, 1996. The Texas
153-15 Board of Health may appoint a special task force to help the
153-16 department in preparing this plan. The department shall present
153-17 the plan and budget to the 75th Legislature, 1997, not later than
153-18 February 1, 1997.
153-19 SECTION 12.03. INTERAGENCY WORK GROUP ON TRAINING AND
153-20 CERTIFICATION OF EARLY CHILDHOOD EDUCATION WORKERS. (a) Not later
153-21 than September 1, 1995, the administrative heads of the Central
153-22 Education Agency, Texas Higher Education Coordinating Board, Health
153-23 and Human Services Commission, Texas Department of Health, Texas
153-24 Department of Human Services, Department of Protective and
153-25 Regulatory Services, Interagency Council on Early Childhood
154-1 Intervention Services, and Texas Head Start Collaboration Project
154-2 shall each designate a representative to an interagency work group
154-3 on training and certification of early childhood education workers.
154-4 (b) The interagency work group shall study:
154-5 (1) the quality of training programs for early
154-6 childhood education workers; and
154-7 (2) the need for, design of, and potential funding
154-8 sources for a statewide professional training and certification
154-9 program for those workers.
154-10 (c) The interagency work group shall complete the study and
154-11 report its findings to the legislature not later than March 1,
154-12 1997.
154-13 (d) This section expires June 1, 1997.
154-14 SECTION 12.04. SERVICE FOR CHILDREN WHO REQUIRE RESIDENTIAL
154-15 TREATMENT. (a) The Texas Department of Mental Health and Mental
154-16 Retardation shall develop a plan for providing services to children
154-17 with severe mental or emotional disorders who require residential
154-18 treatment. The plan must provide:
154-19 (1) that residential treatment and related services
154-20 for children be provided regionally;
154-21 (2) for a child who has a functional family to remain
154-22 in parental custody while receiving treatment or related services;
154-23 (3) for coordination of state mental health facilities
154-24 and community service providers;
154-25 (4) specific legislative recommendations for statutory
155-1 authority to pool funds used by various state agencies to provide
155-2 residential treatment and related services to children;
155-3 (5) to the extent practicable, that funds available
155-4 under Title IV-E, federal Social Security Act (42 U.S.C. Section
155-5 670 et seq.) pay for services for those children who are
155-6 Medicaid-eligible and in need of residential treatment; and
155-7 (6) that third-party payor financial resources are
155-8 exhausted before state money is used.
155-9 (b) In developing the plan, the Texas Department of Mental
155-10 Health and Mental Retardation shall consider whether to include in
155-11 the plan provisions:
155-12 (1) to establish and employ indicators to identify
155-13 children with mental or emotional disorders who would be better
155-14 served outside of the home;
155-15 (2) to use community mental health centers or
155-16 community resources to review children's cases individually;
155-17 (3) to create therapeutic group homes in communities;
155-18 and
155-19 (4) for payment of services on a sliding scale.
155-20 (c)(1) The Texas Department of Mental Health and Mental
155-21 Retardation shall complete the plan, together with an estimated
155-22 budget and recommendations for statutory changes necessary or
155-23 convenient to implement the plan, not later than January 15, 1997.
155-24 (2) On completion, the department shall submit the
155-25 plan to the governor and the legislature.
156-1 SECTION 12.05. PILOT PROJECT. (a) The Health and Human
156-2 Services Commission shall establish a pilot project to determine
156-3 the effectiveness of using investment budgeting to measure the cost
156-4 effectiveness of certain children's prevention services.
156-5 (b) As part of the investment budgeting process, the
156-6 commission shall:
156-7 (1) establish clear visions and goals and measurable
156-8 outcomes that clarify those visions and goals;
156-9 (2) establish and estimate the value of the outcomes
156-10 the commission wants to achieve;
156-11 (3) estimate the unit cost of achieving those
156-12 outcomes; and
156-13 (4) compute the anticipated return on investing in
156-14 programs to achieve those outcomes.
156-15 (c) The commission shall consider including the children's
156-16 immunization programs in determining which children's prevention
156-17 services will be examined in the pilot project.
156-18 (d) Not later than January 15, 1997, the Health and Human
156-19 Services Commission shall submit to the governor and the 75th
156-20 Legislature, 1997, a report concerning the effectiveness of the
156-21 pilot project.
156-22 (e) This section expires September 1, 1997.
156-23 SECTION 12.06. This article takes effect immediately.
156-24 ARTICLE XIII. EMERGENCY
156-25 SECTION 13.01. The importance of this legislation and the
157-1 crowded condition of the calendars in both houses create an
157-2 emergency and an imperative public necessity that the
157-3 constitutional rule requiring bills to be read on three several
157-4 days in each house be suspended, and this rule is hereby suspended,
157-5 and that this Act take effect and be in force according to its
157-6 terms, and it is so enacted.