By: West S.B. No. 484
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the Texas Juvenile Justice Task Force
1-2 to create and codify the juvenile justice system code.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 3, Human Resources Code, is
1-5 amended by adding Chapter 72 to read as follows:
1-6 CHAPTER 72. TEXAS JUVENILE JUSTICE TASK FORCE
1-7 Sec. 72.001. CREATION. The Texas Juvenile Justice Task
1-8 Force to write and codify the Texas Juvenile Justice System Code
1-9 is created.
1-10 Sec. 72.002. COMPOSITION. (a) The task force is composed
1-11 of 21 members, six of whom are appointed by the governor, six of
1-12 whom are appointed by the lieutenant governor, six of whom are
1-13 appointed by the speaker of the house of representatives, and three
1-14 of whom are appointed by the Judicial Section of the State Bar of
1-15 Texas. Not fewer than three of the members appointed by the
1-16 lieutenant governor shall be members of the senate and not fewer
1-17 than three of the members appointed by the speaker of the house of
1-18 representatives shall be members of the house of representatives.
1-19 Each individual appointed by the Judicial Section of the State Bar
1-20 of Texas shall be a judge who serves in a designated juvenile
1-21 court.
1-22 (b) In making appointments under this section, the governor
1-23 shall attempt to ensure participation on the task force of women
2-1 and minorities, including African-Americans, Hispanic-Americans,
2-2 Native Americans, and Asian-Americans.
2-3 (c) Each appointed member of the task force serves at the
2-4 pleasure of the official or entity by whom the member is appointed.
2-5 (d) The governor shall designate one member to serve as
2-6 chairman and one member to serve as vice-chairman.
2-7 (e) The task force shall include as ex officio members the
2-8 executive director or commissioner of:
2-9 (1) the Central Education Agency;
2-10 (2) the Texas Youth Commission;
2-11 (3) the Texas Juvenile Probation Commission;
2-12 (4) the Department of Protective and Regulatory
2-13 Services;
2-14 (5) the Texas Department of Health;
2-15 (6) the Texas Department of Human Services;
2-16 (7) the Children's Trust Fund of Texas Council;
2-17 (8) the Health and Human Services Commission;
2-18 (9) the Texas Department of Criminal Justice;
2-19 (10) the Texas Department of Mental Health and Mental
2-20 Retardation;
2-21 (11) the Texas Agricultural Extension Service;
2-22 (12) the Texas Commission on Alcohol and Drug Abuse;
2-23 and
2-24 (13) any other agency that the governor identifies as
2-25 an agency that serves children.
3-1 Sec. 72.003. COMPLIANCE WITH LAWS. The task force is
3-2 subject to:
3-3 (1) the open meetings law, Chapter 551, Government
3-4 Code;
3-5 (2) the open records law, Chapter 552, Government
3-6 Code; and
3-7 (3) Chapter 2001, Government Code (Administrative
3-8 Procedure Act).
3-9 Sec. 72.004. POWERS AND DUTIES. (a) The task force shall
3-10 develop a comprehensive proposal to replace the current Title III,
3-11 Family Code, and to codify the proposal as the Texas Juvenile
3-12 Justice System Code in order to achieve the goals listed in this
3-13 section for education, health care, drug and alcohol abuse,
3-14 juvenile justice, and family services.
3-15 (b) In education, the task force goals are to:
3-16 (1) reduce the rate of school dropouts;
3-17 (2) increase parental involvement and accountability;
3-18 (3) review disciplinary procedures, including
3-19 liability for teachers and school principals who knowingly fail to
3-20 report criminal activity by students;
3-21 (4) establish reasonable and necessary rules to
3-22 determine the limitations of student privacy on school property;
3-23 (5) minimize the number of latchkey children by
3-24 utilizing schools on a year-round basis and more closely adjusting
3-25 the school day to coincide with the parents' work schedules;
4-1 (6) provide for the sharing of all relevant school
4-2 records with local juvenile probation departments for the purpose
4-3 of allowing the departments to structure dispositional alternatives
4-4 for delinquent youth more appropriately; and
4-5 (7) ensure that all children are prepared to enter the
4-6 workforce on graduation.
4-7 (c) In health care, the task force goal is to increase
4-8 access for all children to basic health care, including preventive
4-9 care, prenatal care, immunization, and mental health services. The
4-10 task force shall not study, offer proposals, or otherwise pursue
4-11 the adoption of policies or strategies related to sex education or
4-12 dissemination of or instruction concerning contraceptives or
4-13 contraceptive methods.
4-14 (d) In drug and alcohol abuse, the task force goals are to:
4-15 (1) establish creative educational and motivational
4-16 programs to teach the dangers of drug and alcohol abuse while
4-17 motivating the students to refrain from using drugs or alcohol;
4-18 (2) establish drug and alcohol counseling services
4-19 especially for youth; and
4-20 (3) establish rewards for schools which are
4-21 essentially drug free.
4-22 (e) In juvenile justice, the task force goals are to:
4-23 (1) improve services for predelinquent children and
4-24 children at risk of becoming delinquent or in need of supervision;
4-25 (2) create a juvenile justice system which is flexible
5-1 enough to address the status offenses of runaway and truant while
5-2 also providing an effective method of dealing with violent and
5-3 repeat juvenile criminals;
5-4 (3) establish a result-oriented system of rewards and
5-5 punishments designed to require juvenile criminals to be
5-6 accountable for and accept responsibility for their criminal acts;
5-7 (4) establish a corrections-model system rather than a
5-8 mental-health model to deal with the problems of juvenile crime,
5-9 realizing that there are criminals under the age of 17, that the
5-10 family probably will not aid in the rehabilitative process, and
5-11 that rehabilitation is not possible without some form of
5-12 punishment;
5-13 (5) require parental responsibility by establishing
5-14 parental probation for parents whose children are declared
5-15 delinquent or in need of supervision;
5-16 (6) provide effective supervision, treatment, and
5-17 aftercare services for children in the juvenile justice system; and
5-18 (7) establish a mechanism for cooperation among
5-19 agencies that deal with juvenile crime.
5-20 (f) In family services, the task force goals are to:
5-21 (1) improve prevention, detection, and treatment of
5-22 abuse or neglect of children;
5-23 (2) review the rules governing foster care for
5-24 children; and
5-25 (3) recommend ways to provide child care for all
6-1 children of working parents.
6-2 (g) For each item in the proposal that is developed as
6-3 required by Subsection (a) and for each goal found in Subsections
6-4 (b), (c), (d), (e), and (f), the task force shall study and include
6-5 comprehensive information relating to the impact of the proposals
6-6 on the parent-child relationship and include proposals that
6-7 strengthen the family unit.
6-8 (h) The task force may solicit and accept gifts, grants, and
6-9 donations for the purposes of this chapter.
6-10 Sec. 72.005. REIMBURSEMENT. A member of the task force is
6-11 not entitled to compensation but is entitled to reimbursement for
6-12 actual and necessary expenses incurred in performing official
6-13 duties.
6-14 Sec. 72.006. STAFF; CONTRACTS. (a) The task force may hire
6-15 staff as needed for research and other support services.
6-16 (b) The task force may contract with agencies of the state
6-17 or private contractors for research and other support services.
6-18 Sec. 72.007. SUBMISSION. The task force shall submit the
6-19 proposal described by Section 72.004 to the governor, the
6-20 lieutenant governor, the speaker of the house of representatives,
6-21 and the legislature not later than December 1, 1996.
6-22 Sec. 72.008. FINANCIAL ACCOUNTING. The task force shall
6-23 file with the governor, the presiding officer of each house of the
6-24 legislature, and the legislature a complete and detailed written
6-25 report accounting for all funds received and disbursed by the task
7-1 force not later than December 15, 1996.
7-2 Sec. 72.009. TASK FORCE ABOLISHED; EXPIRATION OF CHAPTER.
7-3 (a) The task force is abolished on September 1, 1997.
7-4 (b) This chapter expires on September 1, 1997.
7-5 SECTION 2. The governor, lieutenant governor, and speaker of
7-6 the house of representatives shall make their appointments to the
7-7 Texas Juvenile Justice Task Force not later than the 31st day after
7-8 the effective date of this Act.
7-9 SECTION 3. This Act takes effect September 1, 1995.
7-10 SECTION 4. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended,
7-15 and that this Act take effect and be in force from and after its
7-16 passage, and it is so enacted.