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.