By: Turner, et al. S.B. No. 573
A BILL TO BE ENTITLED
AN ACT
1-1 relating to children and family issues, including education and
1-2 health and human services and juvenile justice issues; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE I. SAFE SCHOOLS
1-6 SECTION 1.01. Section 11.26, Education Code, is amended by
1-7 adding Subsection (e) to read as follows:
1-8 (e) In the report to the legislature under Subsection
1-9 (c)(1), the State Board of Education shall provide information
1-10 relating to chronic absenteeism during each of the preceding two
1-11 school years, including:
1-12 (1) statistics for each of those years indicating the
1-13 number of students who have had more than 18 unexcused absences and
1-14 the trends concerning chronic absenteeism; and
1-15 (2) a report on state and local efforts to prevent
1-16 chronic absenteeism.
1-17 SECTION 1.02. Subchapter B, Chapter 21, Education Code, is
1-18 amended by adding Section 21.0391 to read as follows:
1-19 Sec. 21.0391. ADDITIONAL AUTHORIZATION TO ENFORCE COMPULSORY
1-20 SCHOOL ATTENDANCE. In addition to enforcement by a school
1-21 attendance officer, the compulsory school attendance provisions of
1-22 this code shall be enforced by any peace officer, as defined by
1-23 Article 2.12, Code of Criminal Procedure.
2-1 SECTION 1.03. Subchapter D, Chapter 21, Education Code, is
2-2 amended by adding Section 21.104 to read as follows:
2-3 Sec. 21.104. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
2-4 EDUCATION. (a) A school district shall provide instruction in
2-5 violence prevention and conflict resolution for grades one through
2-6 12.
2-7 (b) The Central Education Agency shall:
2-8 (1) adopt rules specifying information that must be
2-9 included in a district's violence prevention and conflict
2-10 resolution program;
2-11 (2) develop multiple sample curricula that may be used
2-12 by a district to comply with Subsection (a); and
2-13 (3) provide assistance to districts in training
2-14 district employees to instruct students in violence prevention and
2-15 conflict resolution.
2-16 (c) The specific curricula to be used by a district under
2-17 this section shall be determined by the district's administration
2-18 and faculty and must contain the information required by the agency
2-19 under Subsection (b)(1).
2-20 SECTION 1.04. Section 21.301, Education Code, is amended by
2-21 amending Subsection (d) and by adding Subsections (o) and (p) to
2-22 read as follows:
2-23 (d) Except as provided by this subsection, removal to a
2-24 supervised alternative education setting may not extend beyond the
2-25 end of the semester during which the conduct that directly led to
3-1 the removal occurred. If the conduct occurred during the final
3-2 six-week reporting period of a semester, the removal may extend
3-3 beyond the end of that semester but may not extend beyond the end
3-4 of the next semester. The board may permit the student to remain
3-5 in the alternative program for an additional period agreed on by
3-6 the student, the student's parent or guardian, the supervisor of
3-7 the alternative program, and the principal of the student's home
3-8 school if they agree that the additional period would best serve
3-9 the student's educational interest. In the case of a student
3-10 placed in an alternative program because the student's presence in
3-11 the regular classroom program or at the home campus presents a
3-12 danger of physical harm to the student or to other individuals, the
3-13 board may permit the student to remain in the alternative program
3-14 until the student has met the behavioral and academic goals agreed
3-15 on by the student's parent or guardian, the supervisor of the
3-16 alternative program, and the principal of the student's home
3-17 campus. At least twice each semester that the student is assigned
3-18 to the alternative program, the supervisor of the alternative
3-19 program or the supervisor's designee shall hold a conference with
3-20 the student's parent or guardian and the principal of the student's
3-21 home campus or the principal's designee to report on the student's
3-22 progress. The student shall be reassigned to the regular campus if
3-23 the supervisor of the alternative program, in consultation with the
3-24 student's parent or guardian and the principal of the student's
3-25 home campus or the principal's designee, determines that the
4-1 student has met the behavioral and academic goals established.
4-2 This subsection does not apply to the placement of a student with
4-3 disabilities in an alternative program in accordance with the
4-4 decision of an admission, review, and dismissal committee.
4-5 (o) An alternative education program must:
4-6 (1) have a curriculum that stresses rigorous academic
4-7 standards; and
4-8 (2) include components designed to correct students'
4-9 behavioral problems.
4-10 (p) In this section, "alternative education program" means a
4-11 school setting for students who are not amenable to education in a
4-12 traditional public school program.
4-13 SECTION 1.05. Section 21.3011, Education Code, is amended by
4-14 amending Subsections (c), (e), (g), and (j) and by adding
4-15 Subsections (n) and (o) to read as follows:
4-16 (c) A student who, after having been placed in an
4-17 alternative education program under Section 21.301 of this code,
4-18 either poses a danger of physical harm to the student or to other
4-19 persons or continues to engage in serious or persistent misbehavior
4-20 that violates the district's previously communicated written
4-21 standards of student conduct may be removed from class and
4-22 expelled.
4-23 (e) Before the expulsion, the board or its designee must
4-24 provide the student a hearing at which the student is afforded
4-25 appropriate due process as required by the federal constitution and
5-1 which the student's parent or guardian is invited, in writing, to
5-2 attend. At the hearing, the student must be represented by the
5-3 student's parent or guardian or another adult who can provide
5-4 guidance to the student and who is not an employee of the school
5-5 district. If the decision to expel a student is made by the
5-6 board's designee, the decision may be appealed to the board. The
5-7 decision of the board may be appealed by trial de novo to a state
5-8 district court of the county in which the school district's central
5-9 administrative office is located. In this subsection, "adult" has
5-10 the meaning assigned by Section 11.01, Family Code.
5-11 (g) The board or its designee shall deliver a copy of the
5-12 order expelling the student to the student and the student's parent
5-13 or guardian. Not later than the second business day after the date
5-14 the hearing is held under Subsection (e), the <The> board or its
5-15 designee shall also deliver a copy of the order and any information
5-16 required under Section 52.04, Family Code, to the authorized
5-17 officer of the juvenile court in the county in which the student
5-18 resides. The officer shall file <determine whether:>
5-19 <(1)> a petition <should be filed> alleging, as
5-20 applicable, that the student has engaged in conduct indicating a
5-21 <is in> need for <of> supervision or <engaged in> delinquent
5-22 conduct as defined by Section 51.03, Family Code<; or>
5-23 <(2) the student should be referred to an appropriate
5-24 state agency>.
5-25 (j) If a court orders a student who has been expelled to
6-1 attend school as a condition of probation, the school district
6-2 shall readmit the student, but the student is not immune from
6-3 suspension, removal to an alternative education program, or
6-4 expulsion during the term of the probation. If a student is
6-5 expelled under this section, the school district retains the
6-6 authority to place the student in the appropriate educational
6-7 setting, except to the extent that a court orders a student to
6-8 attend an alternative education program, including a program
6-9 established under Subsection (n).
6-10 (n) A school district may develop and provide an educational
6-11 program for students who are expelled under this section. A
6-12 program provided under this subsection must satisfy standards
6-13 established by the Central Education Agency. In providing the
6-14 program, the school district may establish a program independently
6-15 or with another school district, modify an existing alternative
6-16 education program, or contract with another entity to provide the
6-17 program. In developing and providing the program, the board of
6-18 trustees of the school district shall collaborate with the juvenile
6-19 board for the county in which the district's central administrative
6-20 office is located concerning supervision and rehabilitative
6-21 services appropriate for expelled students, service by probation
6-22 officers at the program site, recruitment of volunteers to serve as
6-23 mentors and provide tutoring services, and coordination with other
6-24 social service agencies. The Texas Juvenile Probation Commission
6-25 shall monitor and provide assistance to juvenile boards
7-1 participating in developing and providing a program under this
7-2 subsection. The administrator of each program or the
7-3 administrator's designee, in consultation with an at-risk
7-4 coordinator or guidance counselor and the student's parent or
7-5 guardian, shall develop a plan that specifies how and when each
7-6 student in the program will be reintegrated into the regular
7-7 classroom. The Central Education Agency shall encourage school
7-8 districts to establish the programs and shall encourage small
7-9 school districts to join with one or more other school districts to
7-10 establish a program. In this subsection, "juvenile board" has the
7-11 meaning assigned by Section 141.002, Human Resources Code.
7-12 (o) In accordance with State Board of Education rule, each
7-13 school year, for each campus in the school district, the
7-14 superintendent of the district shall report to the Central
7-15 Education Agency through the Public Education Information
7-16 Management System (PEIMS):
7-17 (1) the number of expulsions;
7-18 (2) the ethnicity of students expelled; and
7-19 (3) the length of the expulsion periods.
7-20 SECTION 1.06. Subchapter I, Chapter 21, Education Code, is
7-21 amended by adding Section 21.3012 to read as follows:
7-22 Sec. 21.3012. INCENTIVE AID FOR ESTABLISHING MODEL
7-23 ALTERNATIVE EDUCATION PROGRAMS. (a) A school district, juvenile
7-24 justice agency, and mental health agency, working in collaboration,
7-25 are eligible to receive incentive aid payments to develop,
8-1 establish, and operate a model, comprehensive alternative education
8-2 program for students placed in an alternative education program
8-3 under Section 21.301 or expelled under Section 21.3011 that
8-4 satisfies the criteria adopted under or established by this
8-5 section.
8-6 (b) In addition to any other criteria the State Board of
8-7 Education adopts for a school district, juvenile justice agency,
8-8 and mental health agency to be eligible for incentive aid payments
8-9 under this section for a model program, the program must provide
8-10 for:
8-11 (1) intensive counseling and social services for
8-12 students;
8-13 (2) mentoring of students by members of the community
8-14 in which the program is located;
8-15 (3) tutoring of students by peers;
8-16 (4) vocational training; and
8-17 (5) careful planning for and monitoring of a student's
8-18 reintegration into the regular classroom.
8-19 (c) The Central Education Agency by rule shall adopt a
8-20 procedure for applying for incentive aid payments under this
8-21 section.
8-22 (d) The cost of incentive aid payments shall be paid from
8-23 the foundation school fund. The foundation school fund budget
8-24 committee shall include the cost in estimating the funds needed for
8-25 foundation school program purposes.
9-1 (e) In this section:
9-2 (1) "Juvenile justice agency" means a local or state
9-3 agency having authority for matters relating to juvenile justice.
9-4 (2) "Mental health agency" means a local or state
9-5 agency having authority for matters relating to mental health.
9-6 SECTION 1.07. Subsection (b), Section 51.03, Family Code, is
9-7 amended to read as follows:
9-8 (b) Conduct indicating a need for supervision is:
9-9 (1) subject to Subsection (f) of this section,
9-10 conduct, other than a traffic offense, that violates:
9-11 (A) the penal laws of this state of the grade of
9-12 misdemeanor that are punishable by fine only; or
9-13 (B) the penal ordinances of any political
9-14 subdivision of this state;
9-15 (2) the unexcused voluntary absence of a child on 10
9-16 or more days or parts of days within a six-month period or three or
9-17 more days or parts of days within a four-week period from school
9-18 without the consent of his parents;
9-19 (3) the voluntary absence of a child from his home
9-20 without the consent of his parent or guardian for a substantial
9-21 length of time or without intent to return;
9-22 (4) conduct which violates the laws of this state
9-23 prohibiting driving while intoxicated or under the influence of
9-24 intoxicating liquor (first or second offense) or driving while
9-25 under the influence of any narcotic drug or of any other drug to a
10-1 degree which renders him incapable of safely driving a vehicle
10-2 (first or second offense); <or>
10-3 (5) conduct prohibited by city ordinance or by state
10-4 law involving the inhalation of the fumes or vapors of paint and
10-5 other protective coatings or glue and other adhesives and the
10-6 volatile chemicals itemized in Section 484.002, Health and Safety
10-7 Code; or
10-8 (6) conduct, other than delinquent conduct, for which
10-9 a student is expelled under Section 21.3011, Education Code.
10-10 SECTION 1.08. Subchapter C, Chapter 61, Human Resources
10-11 Code, is amended by adding Section 61.047 to read as follows:
10-12 Sec. 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
10-13 EDUCATION. The commission shall provide education in violence
10-14 prevention and conflict resolution that includes discussion of
10-15 domestic violence and child abuse issues to all children in its
10-16 custody.
10-17 SECTION 1.09. Subchapter C, Chapter 141, Human Resources
10-18 Code, is amended by adding Section 141.0431 to read as follows:
10-19 Sec. 141.0431. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
10-20 TRAINING. The commission shall:
10-21 (1) provide training on request to juvenile probation
10-22 departments and juvenile boards in violence prevention and conflict
10-23 resolution programs; and
10-24 (2) encourage the inclusion of a violence prevention
10-25 and conflict resolution program as a condition of probation.
11-1 SECTION 1.10. Subchapter A, Chapter 152, Human Resources
11-2 Code, is amended by adding Section 152.0011 to read as follows:
11-3 Sec. 152.0011. SERVICES FOR EXPELLED STUDENTS. Each
11-4 juvenile board or its designee shall meet with the board of
11-5 trustees of each school district located in whole or in part in the
11-6 juvenile board's jurisdiction, or with the board of trustees'
11-7 designee, as necessary to establish policies concerning supervision
11-8 and rehabilitative services appropriate for district students
11-9 expelled from school. The juvenile board or its designee may
11-10 advise the board of trustees or its designee concerning assistance
11-11 that probation officers could provide to the district, recruitment
11-12 of volunteers to serve as mentors and provide tutoring services to
11-13 expelled students, and coordination with other social service
11-14 agencies.
11-15 SECTION 1.11. (a) This article takes effect immediately and
11-16 applies beginning with the 1995-1996 school year, except as
11-17 provided by Subsections (b) and (c) of this section.
11-18 (b) Section 21.104, Education Code, as added by this
11-19 article, applies beginning with the 1996-1997 school year.
11-20 (c) Sections 61.047 and 141.0431, Human Resources Code, as
11-21 added by this article, apply beginning January 1, 1996.
11-22 ARTICLE II. SCHOOL COUNSELORS
11-23 SECTION 2.01. Subchapter F, Chapter 13, Education Code, is
11-24 amended by adding Section 13.355 to read as follows:
11-25 Sec. 13.355. COUNSELORS. A person a school district employs
12-1 as a school counselor shall:
12-2 (1) participate in planning, implementing, and
12-3 evaluating a comprehensive developmental guidance program that
12-4 includes:
12-5 (A) services for every student; and
12-6 (B) services for the special needs of students
12-7 who are:
12-8 (i) at risk of dropping out of school,
12-9 becoming substance abusers, participating in gang activity, or
12-10 committing suicide; or
12-11 (ii) in need of modified instructional
12-12 strategies;
12-13 (2) counsel students, individually or in small groups,
12-14 concerning educational, career, personal, or social needs and make
12-15 referrals as appropriate in consultation with the student's parent
12-16 or guardian;
12-17 (3) assist students as the students plan and monitor
12-18 their own educational, career, personal, and social development;
12-19 (4) consult with teachers, other school staff,
12-20 administrators, parents, and other community members to help them
12-21 increase the effectiveness of student education and bring about
12-22 student success;
12-23 (5) coordinate people and resources in the school,
12-24 home, and community to develop fully student academic, career,
12-25 personal, and social abilities and provide educational
13-1 opportunities that meet real world needs;
13-2 (6) assist students, parents, and teachers in:
13-3 (A) interpreting standardized test results and
13-4 other assessment data;
13-5 (B) identifying student abilities, aptitudes,
13-6 achievement level, and interests; and
13-7 (C) making the students' educational and career
13-8 plans; and
13-9 (7) deliver classroom guidance activities or serve as
13-10 a consultant to teachers conducting lessons based on the school's
13-11 guidance curriculum.
13-12 SECTION 2.02. The heading of Subchapter F, Chapter 13,
13-13 Education Code, is amended to read as follows:
13-14 SUBCHAPTER F. SUPERINTENDENTS, <AND> PRINCIPALS,
13-15 AND COUNSELORS
13-16 SECTION 2.03. Section 21.794, Education Code, is amended to
13-17 read as follows:
13-18 Sec. 21.794. PARENTAL INVOLVEMENT <GENERAL DUTIES>. (a) <A
13-19 person employed as required by Section 21.793 of this code shall:>
13-20 <(1) assist in the identification of students with
13-21 special needs, including students who are at risk of dropping out
13-22 of school, of substance abuse, or of committing suicide or who are
13-23 in need of modified instructional strategies;>
13-24 <(2) counsel students, individually or in small
13-25 groups, in relation to educational, career, personal, and social
14-1 needs and make referrals when appropriate in consultation with the
14-2 student's parent or guardian;>
14-3 <(3) provide professional expertise to school faculty,
14-4 staff, and administrators and parents and other community members
14-5 that will help them increase the effectiveness of the students'
14-6 education;>
14-7 <(4) coordinate people and resources in the school,
14-8 home, and community to fully develop the students' academic,
14-9 career, personal, and social abilities;>
14-10 <(5) with the assistance of the school staff, develop
14-11 and interpret an assessment program that helps students, parents,
14-12 and teachers identify a student's abilities, aptitudes, achievement
14-13 level, and interests and that provides information about programs
14-14 that may help the student achieve the student's goals;>
14-15 <(6) participate in the planning, implementation, and
14-16 evaluation of the local comprehensive and developmental guidance
14-17 and counseling program.>
14-18 <(b)> Each school may obtain, and keep as part of the
14-19 student's permanent record, written consent by the parent or legal
14-20 guardian for the student to participate in a counseling program or
14-21 activity. The consent form shall include specific information on
14-22 the content of the program and the types of activities in which the
14-23 student will be involved.
14-24 (b) <(c)> Each school, before implementing a comprehensive
14-25 and developmental guidance and counseling program, shall annually
15-1 conduct a parent's preview of the program. All materials,
15-2 including curriculum to be used during the year, shall be available
15-3 on the campus for any parent to preview during school hours. No
15-4 materials or curriculum may be used that is not included in the
15-5 materials available on the campus for preview by the parents.
15-6 SECTION 2.04. This article takes effect immediately and
15-7 applies beginning with the 1995-1996 school year.
15-8 ARTICLE III. APPROPRIATE CURRICULA FOR CHILDREN IN EARLY
15-9 GRADES OF PUBLIC EDUCATION
15-10 SECTION 3.01. Section 11.33, Education Code, is amended by
15-11 adding Subsection (e) to read as follows:
15-12 (e) Each Regional Education Service Center shall provide
15-13 teachers and administrators with training in instructional
15-14 practices to implement the developmentally appropriate curriculum
15-15 for students in the prekindergarten through third grade level
15-16 described by the State Board of Education under Section 21.101(c).
15-17 The Central Education Agency shall assist the Regional Education
15-18 Service Centers in developing the training. Each Regional
15-19 Education Service Center shall also establish a network of
15-20 elementary schools and schools with an early childhood education
15-21 program to serve as mentor schools for other schools implementing
15-22 the developmentally appropriate curriculum.
15-23 SECTION 3.02. Subsection (c), Section 21.101, Education
15-24 Code, is amended to read as follows:
15-25 (c)(1) The State Board of Education by rule shall designate
16-1 the essential elements of each subject listed in Subsection (a) of
16-2 this section and shall require each district to provide instruction
16-3 in those elements at appropriate grade levels. The essential
16-4 elements for prekindergarten through grade three shall be organized
16-5 according to developmental domains instead of subject area headings
16-6 so that developmentally appropriate curricula are provided. In
16-7 this section, "developmentally appropriate curricula" means
16-8 educational programs that:
16-9 (A) teach multiple subjects simultaneously
16-10 through active, hands-on learning methods instead of segmented
16-11 subjects through academic, textbook-dependent methods;
16-12 (B) provide opportunities to achieve skills and
16-13 apply them toward the acquisition of knowledge;
16-14 (C) focus on the way in which children grow and
16-15 develop so that they are appropriate for the age of the children to
16-16 whom they are offered;
16-17 (D) foster the interests and understanding of
16-18 individual students so that they are appropriate for the
16-19 individuals to whom they are offered;
16-20 (E) value the rich variety of languages and
16-21 learning experiences children bring to the classroom so that they
16-22 are culturally and linguistically appropriate; and
16-23 (F) provide ample opportunities for teacher and
16-24 student interaction so that they support the social nature of
16-25 learning.
17-1 (2) The state board shall broadly define the curricula to be
17-2 provided under each developmental domain so that a local district
17-3 has substantial flexibility in designing specific curricula for
17-4 children in prekindergarten through grade three. In order to be
17-5 accredited, a district must provide instruction in those essential
17-6 elements as specified by the state board.
17-7 SECTION 3.03. (a) Except as provided by Subsection (b) of
17-8 this section, this article takes effect immediately.
17-9 (b) Essential elements adopted by the State Board of
17-10 Education for prekindergarten through grade three under Subsection
17-11 (c), Section 21.101, Education Code, as amended by Section 3.02,
17-12 shall be taught by school districts beginning with the 1996-1997
17-13 school year.
17-14 ARTICLE IV. COMMUNITY SERVICE
17-15 SECTION 4.01. Subchapter D, Chapter 21, Education Code, is
17-16 amended by adding Section 21.118 to read as follows:
17-17 Sec. 21.118. COMMUNITY SERVICE. (a) The State Board of
17-18 Education shall adopt rules under which a school district may grant
17-19 academic credit to students in grades nine through 12 who perform
17-20 community service. The rules must:
17-21 (1) prescribe the minimum amount of community service
17-22 required for each academic credit; and
17-23 (2) prohibit a school district from granting credit
17-24 for community service performed in connection with a proceeding
17-25 under the Code of Criminal Procedure or Title 3, Family Code.
18-1 (b) A school district is not required to grant academic
18-2 credit for community service.
18-3 SECTION 4.02. Subchapter F, Chapter 51, Education Code, is
18-4 amended by adding Section 51.307 to read as follows:
18-5 Sec. 51.307. COMMUNITY SERVICE COURSE. (a) The governing
18-6 board of each general academic teaching institution, as defined by
18-7 Section 61.003, shall establish at least one elective course that
18-8 requires a student to perform community service as part of the
18-9 course curriculum. The course curriculum must also include an
18-10 academic component relating to the community service that a student
18-11 may perform as part of the course.
18-12 (b) The Texas Higher Education Coordinating Board shall
18-13 establish standards for courses offered under this section and
18-14 shall ensure that courses offered under this section comply with
18-15 those standards. The coordinating board shall establish standards
18-16 to ensure that a sufficient number of sections of the course are
18-17 offered at each institution to allow each student who desires to
18-18 take the course to do so at least once.
18-19 (c) The governing board may offer the course for any number
18-20 of semester hours and may offer different sections of the course
18-21 for different numbers of semester hours. The course may be offered
18-22 for credit toward satisfaction of a particular course requirement
18-23 in a degree program.
18-24 (d) The governing board may offer different sections of a
18-25 course or different courses with various curricula designed for
19-1 different degree programs or areas of concentration.
19-2 (e) The course curriculum must require a student to perform
19-3 at least 15 hours of community service for each semester hour the
19-4 student earns for the course.
19-5 SECTION 4.03. (a) This article takes effect immediately.
19-6 (b) Section 21.118, Education Code, as added by this
19-7 article, applies beginning with the 1996-1997 school year.
19-8 (c) Not later than February 1, 1996, the State Board of
19-9 Education shall adopt rules as required by Section 21.118,
19-10 Education Code, as added by this article.
19-11 (d) Each general academic teaching institution must offer
19-12 the course required by Section 51.307, Education Code, as added by
19-13 this article, not later than the 1996 fall semester.
19-14 ARTICLE V. JUVENILE JUSTICE
19-15 SECTION 5.01. Subsections (a), (b), and (c), Section 34.54,
19-16 Family Code, are amended to read as follows:
19-17 (a) This section applies to a child who is <seven years of
19-18 age or older and> under 10 years of age.
19-19 (b) The Texas Department of Mental Health and Mental
19-20 Retardation <department> shall provide, directly or by contract,
19-21 services for a child and the child's family if the child is
19-22 referred to the Texas Department of Mental Health and Mental
19-23 Retardation <department> by a law enforcement agency for engaging
19-24 in conduct described by Section 51.03 of this code. The services
19-25 may include in-home programs, parenting skills training, youth
20-1 coping skills, and individual and family counseling.
20-2 (c) Except as provided by Subsection (d) of this section, on
20-3 request of the Texas Department of Mental Health and Mental
20-4 Retardation <department> a court may require the parent, managing
20-5 conservator, guardian, or other member of the child's household to
20-6 participate in the services provided by the Texas Department of
20-7 Mental Health and Mental Retardation <department> and to allow the
20-8 child and any siblings to participate. If a parent, managing
20-9 conservator, guardian, or other member of the child's household
20-10 fails to follow the court's order, the court may impose community
20-11 service as a sanction for contempt.
20-12 SECTION 5.02. Subdivision (1), Section 51.02, Family Code,
20-13 is amended to read as follows:
20-14 (1) "Child" means a person for whom the juvenile court
20-15 has or may exercise jurisdiction under Sections 51.035 and 51.036
20-16 of this code <who is:>
20-17 <(A) ten years of age or older and under 17
20-18 years of age; or>
20-19 <(B) seventeen years of age or older and under
20-20 18 years of age who is alleged or found to have engaged in
20-21 delinquent conduct or conduct indicating a need for supervision as
20-22 a result of acts committed before becoming 17 years of age>.
20-23 SECTION 5.03. Chapter 51, Family Code, is amended by adding
20-24 Sections 51.035 and 51.036 to read as follows:
20-25 Sec. 51.035. PERSONS FOR WHOM THE JUVENILE COURT HAS
21-1 JURISDICTION: AGE LIMITS. (a) The juvenile court has
21-2 jurisdiction in a suit under this title over a person:
21-3 (1) younger than 17 years of age; or
21-4 (2) 17 years of age or older and under 18 years of age
21-5 who is alleged or found to have engaged in delinquent conduct or
21-6 conduct indicating a need for supervision as a result of acts
21-7 committed before becoming 17 years of age.
21-8 (b) The juvenile court does not have jurisdiction over a
21-9 person younger than 10 years of age.
21-10 Sec. 51.036. PERSONS FOR WHOM THE JUVENILE COURT HAS
21-11 JURISDICTION: EXCEPTIONS. (a) The juvenile court does not have
21-12 jurisdiction over a person for whom a criminal court has original
21-13 jurisdiction unless the criminal court waives its jurisdiction and
21-14 transfers the child to the juvenile court under Section 51.08.
21-15 (b) The juvenile court does not have jurisdiction over a
21-16 person for whom the court has previously waived its exclusive
21-17 original jurisdiction under Section 54.02 and transferred the
21-18 person to a court for criminal proceedings. The juvenile court
21-19 resumes jurisdiction over the person transferred if:
21-20 (1) the person is remanded to the juvenile court after
21-21 an examining trial;
21-22 (2) the person is not indicted by the grand jury;
21-23 (3) the person is found not guilty in the matter
21-24 transferred;
21-25 (4) the matter is dismissed with prejudice; or
22-1 (5) the person is convicted of a lesser included
22-2 offense classified as a misdemeanor.
22-3 SECTION 5.04. Subsection (b), Section 51.06, Family Code, is
22-4 amended to read as follows:
22-5 (b) An application for a writ of habeas corpus brought by or
22-6 on behalf of a person <child> who has been committed to an
22-7 institution under the jurisdiction of the Texas Youth Commission
22-8 and which attacks the validity of the judgment of commitment shall
22-9 be brought in the county in which the court that entered the
22-10 judgment of commitment is located.
22-11 SECTION 5.05. Subsections (b) and (c), Section 51.08, Family
22-12 Code, are amended to read as follows:
22-13 (b) A court in which there is pending a complaint against a
22-14 person whose age is within limits described by Section 51.035 of
22-15 this code <child> alleging a violation of a misdemeanor offense
22-16 punishable by fine only other than a traffic offense or public
22-17 intoxication or a violation of a penal ordinance of a political
22-18 subdivision other than a traffic offense:
22-19 (1) shall waive its original jurisdiction and refer
22-20 the person <a child> to juvenile court if the person <child> has
22-21 previously been convicted of:
22-22 (A) two or more misdemeanors punishable by fine
22-23 only other than a traffic offense or public intoxication;
22-24 (B) two or more violations of a penal ordinance
22-25 of a political subdivision other than a traffic offense; or
23-1 (C) one or more of each of the types of
23-2 misdemeanors described in Paragraph (A) or (B) of this subdivision;
23-3 and
23-4 (2) may waive its original jurisdiction and refer the
23-5 person <a child> to juvenile court if the person <child>:
23-6 (A) has not previously been convicted of a
23-7 misdemeanor punishable by fine only other than a traffic offense or
23-8 public intoxication or a violation of a penal ordinance of a
23-9 political subdivision other than a traffic offense; or
23-10 (B) has previously been convicted of fewer than
23-11 two misdemeanors punishable by fine only other than a traffic
23-12 offense or public intoxication or two violations of a penal
23-13 ordinance of a political subdivision other than a traffic offense.
23-14 (c) A court in which there is pending a complaint against a
23-15 person whose age is within limits described by Section 51.035 of
23-16 this code <child> alleging a violation of a misdemeanor offense
23-17 punishable by fine only other than a traffic offense or public
23-18 intoxication or a violation of a penal ordinance of a political
23-19 subdivision other than a traffic offense shall notify the juvenile
23-20 court of the county in which the court is located of the pending
23-21 complaint and shall furnish to the juvenile court a copy of the
23-22 final disposition of any matter for which the court does not waive
23-23 its original jurisdiction under Subsection (b) of this section.
23-24 SECTION 5.06. Subsection (b), Section 51.09, Family Code, is
23-25 conformed to Chapter 557, Acts of the 72nd Legislature, Regular
24-1 Session, 1991, and amended to read as follows:
24-2 (b) Notwithstanding any of the provisions of Subsection (a)
24-3 of this section, the statement of a child is admissible in evidence
24-4 in any future proceeding concerning the matter about which the
24-5 statement was given if:
24-6 (1) when the child is in a detention facility or other
24-7 place of confinement or in the custody of an officer, the statement
24-8 is made in writing and the statement shows that the child has at
24-9 some time prior to the making thereof received from a magistrate a
24-10 warning that:
24-11 (A) the child may remain silent and not make any
24-12 statement at all and that any statement that the child makes may be
24-13 used in evidence against the child;
24-14 (B) the child has the right to have an attorney
24-15 present to advise the child either prior to any questioning or
24-16 during the questioning;
24-17 (C) if the child is unable to employ an
24-18 attorney, the child has the right to have an attorney appointed to
24-19 counsel with the child prior to or during any interviews with peace
24-20 officers or attorneys representing the state;
24-21 (D) the child has the right to terminate the
24-22 interview at any time;
24-23 (E) if the child is 15 years of age or older at
24-24 the time of the violation of a penal law of the grade of felony the
24-25 juvenile court may waive its jurisdiction and the child may be
25-1 tried as an adult;
25-2 (F) the child may be sentenced to commitment in
25-3 the Texas Youth Commission with a transfer to the institutional
25-4 division of the Texas Department of Criminal Justice for a term
25-5 prescribed by Section 54.04(d) of this code <not to exceed 30
25-6 years> if the child is found to have engaged in delinquent conduct,
25-7 alleged in a petition approved by a grand jury, that included:
25-8 (i) murder;
25-9 (ii) capital murder;
25-10 (iii) aggravated kidnapping;
25-11 (iv) aggravated sexual assault;
25-12 (v) aggravated robbery;
25-13 (vi) aggravated assault;
25-14 (vii) manslaughter;
25-15 (viii) intoxication manslaughter;
25-16 (ix) attempted murder <deadly assault on a
25-17 law enforcement officer, corrections officer, court participant, or
25-18 probation personnel>; <or>
25-19 (x) <(vi)> attempted capital murder; or
25-20 <and>
25-21 (xi) injury to a child or an elderly or
25-22 disabled person;
25-23 (G) the child may be sentenced to commitment to
25-24 the Texas Youth Commission with a transfer to the institutional
25-25 division of the Texas Department of Criminal Justice for a term
26-1 prescribed by Section 54.04(d) of this code if:
26-2 (i) the child is found to have engaged in
26-3 conduct, alleged in a petition approved by a grand jury, that
26-4 violates a penal law of the grade of felony, other than a state
26-5 jail felony;
26-6 (ii) the child has at least two previous
26-7 final adjudications for conduct violating a penal law of the grade
26-8 of felony; and
26-9 (iii) at least one of the previous final
26-10 adjudications described by Subparagraph (ii) of this paragraph is
26-11 for conduct that occurred after the date a previous adjudication
26-12 described by Subparagraph (ii) of this paragraph was rendered, if
26-13 that adjudication became final; and
26-14 (H) the statement must be signed in the presence
26-15 of a magistrate by the child with no law enforcement officer or
26-16 prosecuting attorney present, except that a magistrate may require
26-17 a bailiff or a law enforcement officer if a bailiff is not
26-18 available to be present if the magistrate determines that the
26-19 presence of the bailiff or law enforcement officer is necessary for
26-20 the personal safety of the magistrate or other court personnel,
26-21 provided that the bailiff or law enforcement officer may not carry
26-22 a weapon in the presence of the child. The magistrate must be
26-23 fully convinced that the child understands the nature and contents
26-24 of the statement and that the child is signing the same
26-25 voluntarily. If such a statement is taken, the magistrate shall
27-1 sign a written statement verifying the foregoing requisites have
27-2 been met.
27-3 The child must knowingly, intelligently, and voluntarily
27-4 waive these rights prior to and during the making of the statement
27-5 and sign the statement in the presence of a magistrate who must
27-6 certify that he has examined the child independent of any law
27-7 enforcement officer or prosecuting attorney, except as required to
27-8 ensure the personal safety of the magistrate or other court
27-9 personnel, and has determined that the child understands the nature
27-10 and contents of the statement and has knowingly, intelligently, and
27-11 voluntarily waived these rights.
27-12 (2) it be made orally and the child makes a statement
27-13 of facts or circumstances that are found to be true, which conduct
27-14 tends to establish his guilt, such as the finding of secreted or
27-15 stolen property, or the instrument with which he states the offense
27-16 was committed.
27-17 (3) the statement was res gestae of the delinquent
27-18 conduct or the conduct indicating a need for supervision or of the
27-19 arrest.
27-20 SECTION 5.07. Subsection (c), Section 51.09, Family Code, as
27-21 amended by Chapters 429 and 557, Acts of the 72nd Legislature,
27-22 Regular Session, 1991, is reenacted and amended to read as follows:
27-23 (c) A warning under Subsection (b)(1)(E), <or> Subsection
27-24 (b)(1)(F), or Subsection (b)(1)(G) of this section is required only
27-25 when applicable to the facts of the case. A failure to warn a
28-1 child under Subsection (b)(1)(E) of this section does not render a
28-2 statement made by the child inadmissible unless the child is
28-3 transferred to a criminal district court under Section 54.02 of
28-4 this code. A failure to warn a child under Subsection (b)(1)(F) or
28-5 Subsection (b)(1)(G) of this section does not render a statement
28-6 made by the child inadmissible unless the state proceeds against
28-7 the child on a petition approved by a grand jury under Section
28-8 53.045 of this code.
28-9 SECTION 5.08. Subsections (a), (c), and (d), Section 51.12,
28-10 Family Code, are amended to read as follows:
28-11 (a) A person who is under the jurisdiction of the juvenile
28-12 court may <Except after transfer to criminal court for prosecution
28-13 under Section 54.02 of this code, a child shall> not be detained in
28-14 or committed to a compartment of a jail or lockup in which adults
28-15 arrested for, charged with, or convicted of crime are detained or
28-16 committed, nor be permitted contact with such persons. This
28-17 subsection does not apply to a person:
28-18 (1) pending transfer to criminal court for prosecution
28-19 under Section 54.02 of this code, if the person is at least 17
28-20 years of age; or
28-21 (2) who is at least 18 years of age and who has been
28-22 taken into custody after having:
28-23 (A) escaped from a juvenile facility; or
28-24 (B) violated a condition of probation or parole.
28-25 (c) In each county, the judge of the juvenile court and the
29-1 members of the juvenile board shall personally inspect the
29-2 detention facilities at least annually and shall certify in writing
29-3 to the authorities responsible for operating and giving financial
29-4 support to the facilities and to the Texas Juvenile Probation
29-5 Commission that they are suitable or unsuitable for the detention
29-6 of children in accordance with:
29-7 (1) the requirements of Subsection (a) of this
29-8 section;
29-9 (2) the requirements of Subchapter A, Chapter 351,
29-10 Local Government Code, if the detention facility is a county jail;
29-11 and
29-12 (3) recognized professional standards for the
29-13 detention of children deemed appropriate by the board and<, which
29-14 may include> minimum standards promulgated by the Texas Juvenile
29-15 Probation Commission. The juvenile board shall annually provide to
29-16 the Texas Juvenile Probation Commission a copy of the standards
29-17 used under this section.
29-18 (d) A person who is under jurisdiction of a juvenile court
29-19 may not <No child shall> be placed in a facility that has not been
29-20 certified under Subsection (c) of this section as suitable for the
29-21 detention of children. A person <child> detained in violation of
29-22 this subsection is <a facility that has not been certified under
29-23 Subsection (c) of this section as suitable for the detention of
29-24 children shall be> entitled to immediate release from custody in
29-25 that facility.
30-1 SECTION 5.09. Subsections (b) and (c), Section 51.14, Family
30-2 Code, are amended to read as follows:
30-3 (b) All files and records of a public or private agency or
30-4 institution providing supervision of a child by arrangement of the
30-5 juvenile court or having custody of the child under order of the
30-6 juvenile court are open to inspection only by:
30-7 (1) the professional staff or consultants of the
30-8 agency or institution, including other youth-serving public or
30-9 private agencies with which the agency or institution has entered
30-10 into a confidentiality agreement;
30-11 (2) the judge, probation officers, and professional
30-12 staff or consultants of the juvenile court;
30-13 (3) an attorney for the child;
30-14 (4) with leave of the juvenile court, any other
30-15 person, agency, or institution having a legitimate interest in the
30-16 work of the agency or institution; <or>
30-17 (5) the institutional division of the Texas Department
30-18 of Criminal Justice <Corrections>, the Department of Public Safety,
30-19 and the Texas Juvenile Probation Commission, for the purpose of
30-20 maintaining statistical records of recidivism, and for diagnosis
30-21 and classification; or
30-22 (6) a law-enforcement agency for the purpose of:
30-23 (A) identifying a child taken into custody for
30-24 delinquent conduct or conduct indicating a need for supervision; or
30-25 (B) determining a child's location, status, or
31-1 supervising authority.
31-2 (c) Except as provided by this subsection, law-enforcement
31-3 files and records concerning a child shall be kept separate from
31-4 files and records of arrests of adults. Copies of the
31-5 law-enforcement files and records may <and shall> be maintained
31-6 locally, but the original files and records shall be <on a local
31-7 basis only and not> sent to a central state <or federal> depository
31-8 maintained under Section 51.1501 of this code by the Department of
31-9 Public Safety of the State of Texas. The law-enforcement files and
31-10 records of a person who is transferred from the Texas Youth
31-11 Commission to the institutional division of the Texas Department of
31-12 Criminal Justice <Corrections> under a determinate sentence may be
31-13 transferred to a central state or federal depository for adult
31-14 records on or after the date of transfer. If a child has been
31-15 reported as missing by a parent, guardian, or conservator of that
31-16 child, has escaped from the custody of a juvenile detention
31-17 facility, the Texas Youth Commission, or any other agency to which
31-18 the child has been committed, or is the subject of a bench warrant
31-19 or felony arrest warrant issued by a court after the child has fled
31-20 the jurisdiction of the court, any information or records
31-21 concerning that child may be transferred to and disseminated by the
31-22 Texas Crime Information Center and the National Crime Information
31-23 Center.
31-24 SECTION 5.10. Subsections (a), (b), (c), (e), and (f),
31-25 Section 51.15, Family Code, as amended by Chapters 385, 515, and
32-1 576, Acts of the 70th Legislature, Regular Session, 1987, are
32-2 amended to read as follows:
32-3 (a) No child may be fingerprinted without the consent of the
32-4 juvenile court except as provided by this subsection or by
32-5 Subsections (f) and (i) of this section. A child's fingerprints
32-6 may be taken and filed by a law-enforcement officer investigating a
32-7 case if<:>
32-8 <(1)> the child is <15 years of age or older and is>
32-9 referred to the juvenile court for conduct that constitutes a <any>
32-10 felony<;> or a misdemeanor punishable by confinement in jail
32-11 <(2) the child is under 15 years of age and is
32-12 referred to the juvenile court for a felony listed in Section
32-13 53.045(a) of this code>.
32-14 (b) Except as provided in Subsections (h) and (i) of this
32-15 section, no child taken into custody may be photographed without
32-16 the consent of the juvenile court unless<:>
32-17 <(1)> the child is <15 years of age or older and is>
32-18 referred to the juvenile court for conduct that constitutes a
32-19 felony<;> or a misdemeanor punishable by confinement in jail
32-20 <(2) the child is under 15 years of age and is
32-21 referred to the juvenile court for a felony listed in Section
32-22 53.045(a) of this code>.
32-23 (c) Except as provided by this subsection, fingerprint and
32-24 photograph files or records of children shall be kept separate
32-25 from those of adults<,> and shall be treated as provided for
33-1 law-enforcement files and records under Section 51.14(c) of this
33-2 code <fingerprints or photographs known to be those of a child
33-3 shall be maintained on a local basis only and not sent to a central
33-4 state or federal depository>. The <However,> fingerprint and
33-5 photograph files or records of a person who is transferred from the
33-6 Texas Youth Commission to the institutional division of the Texas
33-7 Department of Criminal Justice <Corrections> under Section 54.11 of
33-8 this code <a determinate sentence> may be transferred to adult
33-9 records on or after the date of transfer. A person's <If a child
33-10 has been reported as missing by a parent, guardian, or conservator
33-11 of that child or a child has escaped from the custody of a juvenile
33-12 detention facility, the Texas Youth Commission, or any other agency
33-13 to which the child has been committed, the child's> fingerprints
33-14 and photograph may be sent to and indexed into the files of the
33-15 Department of Public Safety and the Federal Bureau of Investigation
33-16 to aid in the location and identification of the person if the
33-17 person:
33-18 (1) is younger than 18 years of age and has been
33-19 reported as missing by a parent, guardian, or conservator of that
33-20 child;
33-21 (2) is a child who has escaped from the custody of a
33-22 juvenile detention facility to which the child has been committed;
33-23 or
33-24 (3) has escaped from the custody of the Texas Youth
33-25 Commission <child>.
34-1 (e) A child's fingerprints and photographs that are not
34-2 transferred under Subsection (c) of this section shall be removed
34-3 from files or records and destroyed if:
34-4 (1) a petition alleging that the child engaged in
34-5 delinquent conduct or conduct indicating a need for supervision is
34-6 not filed, or the proceedings are dismissed after a petition is
34-7 filed, or the child is found not to have engaged in the alleged
34-8 conduct;
34-9 (2) the person reaches 23 <18> years of age<, is not
34-10 subject to commitment to the Texas Youth Commission or to transfer
34-11 under a determinate sentence to the Texas Department of
34-12 Corrections,> and there is no record that the person <he> committed
34-13 a criminal offense after reaching 17 years of age; or
34-14 (3) the person was committed to the Texas Youth
34-15 Commission, the person is at least 23 years of age <older than 18
34-16 years>, at least three years have elapsed after the person's
34-17 release from commitment, and there is no evidence that the person
34-18 <he> committed a criminal offense after the release.
34-19 (f) If latent fingerprints are found during the
34-20 investigation of an offense, and a law-enforcement officer has
34-21 reasonable cause to believe that they are those of a particular
34-22 child, if otherwise authorized by law, he may fingerprint the child
34-23 regardless of the age or offense for purpose of immediate
34-24 comparison with the latent fingerprints. If the comparison is
34-25 negative, the fingerprint card and other copies of the fingerprints
35-1 taken shall be destroyed immediately. If the comparison is
35-2 positive, and the child is referred to the juvenile court, the
35-3 fingerprint card and other copies of the fingerprints taken shall
35-4 be delivered to the court for disposition, except that one copy of
35-5 the fingerprints may be maintained locally as part of the
35-6 law-enforcement files and records for the child under Section
35-7 51.14(c) of this code. If the child is not referred to the court,
35-8 the fingerprint card and other copies of the fingerprints taken
35-9 shall be destroyed immediately.
35-10 SECTION 5.11. Chapter 51, Family Code, is amended by adding
35-11 Section 51.1501 to read as follows:
35-12 Sec. 51.1501. CENTRAL DEPOSITORY. (a) The department shall
35-13 maintain a central state depository for the files and records of
35-14 persons:
35-15 (1) taken into custody under Section 52.01 for conduct
35-16 constituting:
35-17 (A) a misdemeanor punishable by confinement in
35-18 jail; or
35-19 (B) a felony; and
35-20 (2) referred to juvenile court or who participated in
35-21 an informal adjustment program.
35-22 (b) The department's central depository shall contain:
35-23 (1) arrest records;
35-24 (2) case dispositions;
35-25 (3) fingerprints;
36-1 (4) photographs; and
36-2 (5) other information useful for the investigation and
36-3 prosecution of criminal activity by a criminal combination.
36-4 (c) Records maintained by the department in the depository
36-5 are subject to being sealed under Section 51.16. The department
36-6 shall maintain an index that identifies persons whose records have
36-7 been sealed under Section 51.16 and the court that has custody of
36-8 those records.
36-9 (d) The department may release information maintained under
36-10 this section to the following only:
36-11 (1) a law enforcement agency;
36-12 (2) a juvenile probation department;
36-13 (3) the Department of Protective and Regulatory
36-14 Services;
36-15 (4) the Texas Youth Commission;
36-16 (5) the Texas Juvenile Probation Commission;
36-17 (6) the attorney general;
36-18 (7) the Criminal Justice Policy Council;
36-19 (8) the Texas Department of Criminal Justice;
36-20 (9) an attorney representing a child who is a party to
36-21 a proceeding under this title, if a juvenile court determines that
36-22 the information is:
36-23 (A) material to a proceeding; and
36-24 (B) not privileged under law; or
36-25 (10) a defendant in a criminal proceeding who is:
37-1 (A) the subject of information maintained by the
37-2 department under this section; and
37-3 (B) entitled to the discovery of the information
37-4 under Chapter 39, Code of Criminal Procedure.
37-5 (e) A law enforcement agency or official may use information
37-6 received under Subsection (d) for the following purposes only:
37-7 (1) to identify a child;
37-8 (2) to determine a child's location, status, or
37-9 supervising authority; or
37-10 (3) for investigative or law enforcement purposes.
37-11 (f) An attorney representing a child may use information
37-12 received under Subsection (d) only for the child's defense in a
37-13 proceeding under this title.
37-14 (g) A defendant may use information received under
37-15 Subsection (d) only for the defendant's defense in a criminal
37-16 proceeding.
37-17 (h) In this section:
37-18 (1) "Combination" has the meaning assigned by Section
37-19 71.01, Penal Code.
37-20 (2) "Department" means the Department of Public Safety
37-21 of the State of Texas.
37-22 SECTION 5.12. Section 51.16, Family Code, is amended by
37-23 amending Subsections (a), (b), (c), (d), and (e) and adding
37-24 Subsections (m), (n), and (o) to read as follows:
37-25 (a) Except as otherwise provided by <Subsection (j) of> this
38-1 section, the juvenile court shall order the sealing of all files
38-2 and records, including records specified in Sections 51.14 and
38-3 51.15 of this code, of a person found to have engaged in delinquent
38-4 conduct or conduct indicating a need for supervision or a person
38-5 taken into custody to determine whether the person engaged in
38-6 delinquent conduct or conduct indicating a need for supervision <on
38-7 the application of a person who has been found to have engaged in
38-8 delinquent conduct or conduct indicating a need for supervision, or
38-9 a person taken into custody to determine whether he engaged in
38-10 delinquent conduct or conduct indicating a need for supervision, or
38-11 on the juvenile court's own motion, the court, after hearing,
38-12 shall order the sealing of the files and records in the case,
38-13 including those specified in Sections 51.14 and 51.15 of this
38-14 code>, if the court finds that:
38-15 (1) two years have elapsed since final discharge of
38-16 the person, or since the last official action in his case if there
38-17 was no adjudication;
38-18 (2) since the time specified in Subdivision (1) of
38-19 this subsection, he has not been convicted of a felony or a
38-20 misdemeanor involving moral turpitude or found to have engaged in
38-21 delinquent conduct or conduct indicating a need for supervision,
38-22 and no proceeding is pending seeking conviction or adjudication;
38-23 and
38-24 (3) it is unlikely the person will engage in further
38-25 delinquent conduct or conduct indicating a need for supervision or
39-1 will commit a felony or a misdemeanor involving moral turpitude.
39-2 (b) Before ordering the sealing of files and records under
39-3 Subsection (a) of this section, the court shall give the person who
39-4 is the subject of the files and records and any interested party
39-5 reasonable notice of the court's intent to seal the files and
39-6 records. An interested party who receives notice under this
39-7 section and who believes that the files and records should not be
39-8 sealed may file a motion with the court for a hearing. On receipt
39-9 of the motion or on the court's own motion, the court shall:
39-10 (1) notify the person who is the subject of the files
39-11 and records of the motion to deny the sealing of the files and
39-12 records;
39-13 (2) notify the appropriate interested parties; and
39-14 (3) schedule a hearing on the issue.
39-15 (c) The court may grant the relief authorized in Subsection
39-16 (a) of this section at any time after final discharge of the person
39-17 or after the last official action in his case if there was no
39-18 adjudication.
39-19 <(c) Reasonable notice of the hearing shall be given to:>
39-20 <(1) the person who made the application or who is the
39-21 subject of the files or records named in the motion;>
39-22 <(2) the prosecuting attorney for the juvenile court;>
39-23 <(3) the authority granting the discharge if the final
39-24 discharge was from an institution or from parole;>
39-25 <(4) the public or private agency or institution
40-1 having custody of files or records named in the application or
40-2 motion; and>
40-3 <(5) the law-enforcement agency having custody of
40-4 files or records named in the application or motion.>
40-5 (d) Copies of the sealing order shall be sent to each agency
40-6 or official <therein> named in the order.
40-7 (e) On entry of the order:
40-8 (1) all law-enforcement, prosecuting attorney, clerk
40-9 of court, and juvenile court files and records ordered sealed shall
40-10 be sent to the court issuing the order;
40-11 (2) all files and records of a public or private
40-12 agency or institution ordered sealed shall be sent to the court
40-13 issuing the order;
40-14 (3) all index references to the files and records
40-15 ordered sealed shall be deleted, except as provided by Subsection
40-16 (n) of this section;
40-17 (4) the juvenile court, clerk of court, prosecuting
40-18 attorney, public or private agency or institution, and
40-19 law-enforcement officers and agencies shall properly reply that no
40-20 record exists with respect to such person upon inquiry in any
40-21 matter; and
40-22 (5) the adjudication shall be vacated and the
40-23 proceeding dismissed and treated for all purposes, including the
40-24 purpose of showing a prior finding of delinquency, as if it had
40-25 never occurred.
41-1 (m) The institutional division of the Texas Department of
41-2 Criminal Justice may petition the juvenile court for copies of the
41-3 sealed files and records of a person in the custody of the
41-4 institutional division. The court may allow the institutional
41-5 division to obtain copies of sealed files and records only if the
41-6 court determines that the files and records contain information
41-7 relevant to the rehabilitation of a person in the custody of the
41-8 institutional division.
41-9 (n) On entry of an order sealing files and records under
41-10 this section, the juvenile court shall notify the Department of
41-11 Public Safety of the State of Texas of the name of the person whose
41-12 files and records are subject to the sealing order for the purposes
41-13 of Section 51.1501(d) of this code.
41-14 (o) In this section, "interested party" means:
41-15 (1) the prosecuting attorney for the juvenile court in
41-16 which the person's case was heard;
41-17 (2) the authority granting discharge of the person if
41-18 the final discharge was from an institution or from parole; or
41-19 (3) a public or private agency or institution,
41-20 including a law-enforcement agency, having custody of files or
41-21 records subject to sealing.
41-22 SECTION 5.13. Section 51.17, Family Code, is amended to
41-23 read as follows:
41-24 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
41-25 burden of proof to be borne by the state in adjudicating a child to
42-1 be delinquent or in need of supervision under Section 54.03(f) or
42-2 otherwise when in conflict with a provision of this title, the
42-3 Texas Rules of Civil Procedure govern proceedings under this title.
42-4 (b) Discovery in a proceeding under this title is governed
42-5 by the Rules of Criminal Procedure.
42-6 (c) Except as otherwise provided by this title, the Texas
42-7 Rules of Criminal Evidence apply in a judicial proceeding under
42-8 this title. <Particular reference is made to the burden of proof
42-9 to be borne by the state in adjudicating a child to be delinquent
42-10 or in need of supervision (Section 54.03(f)).>
42-11 SECTION 5.14. Section 53.01, Family Code, is amended to read
42-12 as follows:
42-13 Sec. 53.01. PRELIMINARY INVESTIGATION AND DETERMINATIONS;
42-14 NOTICE TO PARENTS. (a) On referral of a person presumed to be a
42-15 child or the person's <a child's> case to the office or official
42-16 designated by the juvenile court, the intake officer, probation
42-17 officer, or other person authorized by the court shall conduct a
42-18 preliminary investigation to determine whether:
42-19 (1) the person referred to juvenile court is a child
42-20 within the meaning of this title;
42-21 (2) there is probable cause to believe the child
42-22 engaged in delinquent conduct or conduct indicating a need for
42-23 supervision; <and>
42-24 (3) there is reason to believe the child has a mental
42-25 impairment; and
43-1 (4) further proceedings in the case are in the
43-2 interest of the child or the public.
43-3 (b) If it is determined that the person is not a child
43-4 within the meaning of this title because the person is younger than
43-5 age 10, the person shall be referred to the Texas Department of
43-6 Mental Health and Mental Retardation for services to be provided
43-7 pursuant to Section 34.54 of this code.
43-8 (c) If it is determined that<, or> there is no probable
43-9 cause, or further proceedings are not warranted, the child shall
43-10 immediately be released and proceedings terminated.
43-11 (d) <(c)> When custody of a child is given to the office or
43-12 official designated by the juvenile court, the intake officer,
43-13 probation officer, or other person authorized by the court shall
43-14 promptly give notice of the whereabouts of the child and a
43-15 statement of the reason he was taken into custody to the child's
43-16 parent, guardian, or custodian unless the notice given under
43-17 Section 52.02(b) of this code provided fair notice of the child's
43-18 present whereabouts.
43-19 (e) Unless the juvenile board approves a procedure proposed
43-20 by the office of prosecuting attorney and chief juvenile probation
43-21 officer which provides otherwise, if it is determined that the
43-22 person is a child and that there is probable cause to believe the
43-23 child engaged in delinquent conduct of the grade of a felony, the
43-24 case shall be promptly forwarded to the office of the prosecuting
43-25 attorney, accompanied by:
44-1 (1) all documents that accompanied the current
44-2 referral; and
44-3 (2) a summary of all prior referrals of the child to
44-4 the juvenile court, juvenile probation department, or juvenile
44-5 detention facility.
44-6 (f) If a juvenile board adopts an alternative referral plan
44-7 under Subsection (e) of this section, the board shall register the
44-8 plan with the Texas Juvenile Probation Commission.
44-9 SECTION 5.15. Chapter 53, Family Code, is amended by adding
44-10 Section 53.012 to read as follows:
44-11 Sec. 53.012. REVIEW BY PROSECUTOR. (a) The prosecuting
44-12 attorney shall promptly review the circumstances and allegations of
44-13 a referral made under Section 53.01 for legal sufficiency and the
44-14 desirability of prosecution.
44-15 (b) If the prosecuting attorney does not file a petition
44-16 requesting the adjudication of the child referred to the
44-17 prosecuting attorney, the prosecuting attorney shall:
44-18 (1) terminate all proceedings, if the reason is for
44-19 lack of probable cause; or
44-20 (2) return the referral to the juvenile court for
44-21 further proceedings under this title.
44-22 SECTION 5.16. The heading of Section 53.045, Family Code, is
44-23 amended to read as follows:
44-24 Sec. 53.045. VIOLENT AND HABITUAL OFFENDER ACT <REFERRAL TO
44-25 GRAND JURY>.
45-1 SECTION 5.17. Subsection (a), Section 53.045, Family Code,
45-2 is amended to read as follows:
45-3 (a) Except as provided by Subsection (e) of this section,
45-4 the prosecuting attorney may refer the petition to the grand jury
45-5 of the county in which the court in which the petition is filed
45-6 presides if the petition alleges:
45-7 (1) that the child engaged in delinquent conduct that
45-8 included the violation of any of the following provisions of the
45-9 Penal Code:
45-10 (A) <(1)> Section 19.02 (murder);
45-11 (B) <(2)> Section 19.03 (capital murder);
45-12 (C) <(3)> Section 20.04 (aggravated kidnapping);
45-13 (D) <(4)> Section 22.021 (aggravated sexual
45-14 assault);
45-15 (E) Section 29.03 (aggravated robbery);
45-16 (F) Section 22.02 (aggravated assault);
45-17 (G) Section 19.04 (manslaughter);
45-18 (H) Section 49.08 (intoxication manslaughter);
45-19 (I) <(5) Section 22.03 (deadly assault on a law
45-20 enforcement officer, corrections officer, or court participant); or>
45-21 <(6)> Section 15.01 (criminal attempt), if the offense
45-22 attempted was an offense under Section 19.02 (murder) or Section
45-23 19.03 (capital murder); or
45-24 (J) Section 22.04, except state jail felony
45-25 classification (injury to a child, elderly individual, or disabled
46-1 individual); or
46-2 (2) that:
46-3 (A) the child engaged in conduct that violates a
46-4 penal law of the grade of felony, other than a state jail felony;
46-5 (B) the child has at least two previous final
46-6 adjudications for conduct violating a penal law of the grade of
46-7 felony; and
46-8 (C) at least one of the previous final
46-9 adjudications described by Paragraph (B) of this subdivision is for
46-10 conduct that occurred after the date a previous adjudication
46-11 described by Paragraph (B) of this subdivision was rendered, if
46-12 that adjudication became final.
46-13 SECTION 5.18. Subsections (h) and (i), Section 54.01, Family
46-14 Code, are amended to read as follows:
46-15 (h) A detention order extends to the conclusion of the
46-16 disposition hearing, if there is one, but in no event for more than
46-17 10 working days. Further detention orders may be made following
46-18 subsequent detention hearings. Subsequent detention hearings may
46-19 be waived in accordance with the requirements of Section 51.09 of
46-20 this code, but each detention order shall extend for no more than
46-21 10 working days.
46-22 (i) A child in custody may be detained for as long as 10
46-23 working days without the hearing described in Subsection (a) of
46-24 this section if:
46-25 (1) a written request for shelter in detention
47-1 facilities pending arrangement of transportation to his place of
47-2 residence in another state or country or another county of this
47-3 state is voluntarily executed by the child not later than the next
47-4 working day after he was taken into custody;
47-5 (2) the request for shelter contains:
47-6 (A) a statement by the child that he voluntarily
47-7 agrees to submit himself to custody and detention for a period of
47-8 not longer than 10 working days without a detention hearing;
47-9 (B) an allegation by the person detaining the
47-10 child that the child has left his place of residence in another
47-11 state or country or another county of this state, that he is in
47-12 need of shelter, and that an effort is being made to arrange
47-13 transportation to his place of residence; and
47-14 (C) a statement by the person detaining the
47-15 child that he has advised the child of his right to demand a
47-16 detention hearing under Subsection (a) of this section; and
47-17 (3) the request is signed by the juvenile court judge
47-18 to evidence his knowledge of the fact that the child is being held
47-19 in detention.
47-20 SECTION 5.19. Chapter 54, Family Code, is amended by adding
47-21 Section 54.011 to read as follows:
47-22 Sec. 54.011. INTERACTIVE RECORDING OF DETENTION HEARING.
47-23 (a) A detention hearing under Section 54.01, other than the first
47-24 detention hearing, may be held using video equipment if:
47-25 (1) the child and the child's attorney agree to the
48-1 video hearing; and
48-2 (2) the parties to the proceeding have the opportunity
48-3 to cross-examine witnesses.
48-4 (b) A detention hearing may not be held using video
48-5 equipment unless the video equipment for the hearing provides for a
48-6 two-way communication of image and sound among the child, the
48-7 court, and other parties at the hearing.
48-8 (c) A recording of the communications shall be made. The
48-9 recording shall be preserved until the earliest of:
48-10 (1) the 91st day after the date on which the recording
48-11 is made if the child is alleged to have engaged in conduct
48-12 constituting a misdemeanor;
48-13 (2) the 120th day after the date on which the
48-14 recording is made if the child is alleged to have engaged in
48-15 conduct constituting a felony; or
48-16 (3) the date on which the adjudication hearing ends.
48-17 (d) An attorney for the child may obtain a copy of the
48-18 recording on payment of the reasonable costs of reproducing the
48-19 copy.
48-20 SECTION 5.20. Subsections (b), (c), (d), (f), and (g),
48-21 Section 54.021, Family Code, are amended to read as follows:
48-22 (b) A justice court may exercise jurisdiction over a person
48-23 <child> alleged to have engaged in conduct indicating a need for
48-24 supervision by engaging in conduct described in Section 51.03(b)(2)
48-25 in a case where the juvenile court has waived its original
49-1 jurisdiction under this section. A justice court may exercise
49-2 jurisdiction under this section without regard to whether the
49-3 justice of the peace for the court is a licensed attorney or the
49-4 hearing for a case is before a jury consisting of six persons.
49-5 (c) On a finding that a person <child> has engaged in
49-6 conduct described by Section 51.03(b)(2), the justice court shall
49-7 enter an order appropriate to the nature of the conduct.
49-8 (d) On a finding by the justice court that the person
49-9 <child> has engaged in truant conduct and that the conduct is of a
49-10 recurrent nature, the court may enter an order that includes one or
49-11 more of the following provisions requiring that:
49-12 (1) the person <child> attend a preparatory class for
49-13 the high school equivalency examination provided under Section
49-14 11.35, Education Code, if the court determines that the person
49-15 <child> is too old to do well in a formal classroom environment;
49-16 (2) the person <child> attend a special program that
49-17 the court determines to be in the best interests of the person
49-18 <child>, including an alcohol and drug abuse program;
49-19 (3) the person <child> and the person's <child's>
49-20 parents, managing conservator, or guardian attend a class for
49-21 students at risk of dropping out of school designed for both the
49-22 person <child> and the person's <child's> parents, managing
49-23 conservator, or guardian;
49-24 (4) the person <child> complete reasonable community
49-25 service requirements;
50-1 (5) the person's <child's> driver's license be
50-2 suspended in the manner provided by Section 54.042 of this code;
50-3 (6) the person <child> attend school without unexcused
50-4 absences; or
50-5 (7) the person <child> participate in a tutorial
50-6 program provided by the school attended by the person <child> in
50-7 the academic subjects in which the person <child> is enrolled for a
50-8 total number of hours ordered by the court.
50-9 (f) A school attendance officer may refer a person <child>
50-10 alleged to have engaged in conduct described in Section 51.03(b)(2)
50-11 of this code to the justice court in the precinct where the person
50-12 <child> resides or in the precinct where the person's <child's>
50-13 school is located if the juvenile court having exclusive original
50-14 jurisdiction has waived its jurisdiction as provided by Subsection
50-15 (a) of this section for all cases involving conduct described by
50-16 Section 51.03(b)(2) of this code.
50-17 (g) A court having jurisdiction under this section shall
50-18 endorse on the summons issued to the parent, guardian, or custodian
50-19 of the person <child> who is the subject of the hearing an order
50-20 directing the parent, guardian, or custodian to appear personally
50-21 at the hearing and directing the person having custody of the
50-22 person <child> to bring the person <child> to the hearing.
50-23 SECTION 5.21. Subsection (d), Section 54.03, Family Code, is
50-24 amended to read as follows:
50-25 (d) Except as provided by Section 54.031 of this chapter,
51-1 only material, relevant, and competent evidence in accordance with
51-2 the Texas Rules of Criminal Evidence <requirements for the trial of
51-3 civil cases> may be considered in the adjudication hearing. Except
51-4 in a detention or discretionary transfer hearing, a social history
51-5 report or social service file shall not be viewed by the court
51-6 before the adjudication decision and shall not be viewed by the
51-7 jury at any time.
51-8 SECTION 5.22. Section 54.04, Family Code, is amended by
51-9 amending Subsections (a), (d), (e), (g), (h), and (k) and adding
51-10 Subsection (m) to read as follows:
51-11 (a) The disposition hearing shall be separate, distinct, and
51-12 subsequent to the adjudication hearing. There is no right to a
51-13 jury at the disposition hearing unless the child is in jeopardy of
51-14 a determinate sentence under Subsection (d)(3) or (m) of this
51-15 section, in which case, the child is entitled to a jury of 12
51-16 persons to determine the sentence.
51-17 (d) If the court or jury makes the finding specified in
51-18 Subsection (c) of this section allowing the court to make a
51-19 disposition in the case:
51-20 (1) the court or jury may, in addition to any order
51-21 required or authorized under Section 54.041 or 54.042 of this code,
51-22 place the child on probation on such reasonable and lawful terms as
51-23 the court may determine:
51-24 (A) in his own home or in the custody of a
51-25 relative or other fit person; or
52-1 (B) subject to the finding under Subsection (c)
52-2 of this section on the placement of the child outside the child's
52-3 home, in:
52-4 (i) a suitable foster home; or
52-5 (ii) a suitable public or private
52-6 institution or agency, except the Texas Youth Commission;
52-7 (2) if the court or jury found at the conclusion of
52-8 the adjudication hearing that the child engaged in delinquent
52-9 conduct and if the petition was not approved by the grand jury
52-10 under Section 53.045 of this code, the court may commit the child
52-11 to the Texas Youth Commission without a determinate sentence; <or>
52-12 (3) if the court or jury found at the conclusion of
52-13 the adjudication hearing that the child engaged in delinquent
52-14 conduct that included a violation of a penal law listed in Section
52-15 53.045(a) of this code and if the petition was approved by the
52-16 grand jury under Section 53.045 of this code, the court or jury may
52-17 sentence the child to commitment in the Texas Youth Commission with
52-18 a transfer to the institutional division of the Texas Department of
52-19 Criminal Justice for a <any> term of:
52-20 (A) <years> not more than 60 years or less than
52-21 10 years, if the conduct constitutes a capital felony;
52-22 (B) not more than 40 years or less than 3 years,
52-23 if the conduct constitutes a felony of the first degree;
52-24 (C) not more than 20 years or less than 2 years,
52-25 if the conduct constitutes a felony of the second degree; or
53-1 (D) not more than 10 years or less than 1 year,
53-2 if the conduct constitutes a felony of the third degree; or
53-3 (4) if applicable, the court or jury may make a
53-4 disposition under Subsection (m) of this section <to exceed 40
53-5 years>.
53-6 (e) The Texas Youth Commission shall accept a person <child>
53-7 properly committed to it by a juvenile court even though the person
53-8 <child> may be 17 years of age or older at the time of commitment.
53-9 (g) If the court orders a disposition under Subsection
53-10 (d)(3) or (m) of this section and there is an affirmative finding
53-11 that the defendant used or exhibited a deadly weapon during the
53-12 commission of the conduct or during immediate flight from
53-13 commission of the conduct, the court shall enter the finding in the
53-14 order. If there is an affirmative finding that the deadly weapon
53-15 was a firearm, the court shall enter that finding in the order.
53-16 (h) At the conclusion of the dispositional hearing, the
53-17 court shall inform the child of:
53-18 (1) the child's <his> right to appeal, as required by
53-19 Section 56.01 of this code; and
53-20 (2) the procedures for the sealing of the child's
53-21 records under Section 51.16 of this code.
53-22 (k) The period to which a court or jury may sentence a
53-23 person <child> to commitment to the Texas Youth Commission with a
53-24 transfer to the Texas Department of Criminal Justice under
53-25 Subsection (d)(3) of this section applies without regard to whether
54-1 the person <child> has previously been adjudicated as having
54-2 engaged in delinquent conduct.
54-3 (m) The court or jury may sentence a child adjudicated for
54-4 conduct constituting a felony other than a state jail felony to a
54-5 term prescribed by Subsection (d)(3) of this section if:
54-6 (1) a petition was filed and approved by a grand jury
54-7 under Section 53.045 of this code alleging that:
54-8 (A) the child engaged in the felony conduct;
54-9 (B) the child has at least two previous final
54-10 adjudications for conduct violating a penal law of the grade of
54-11 felony; and
54-12 (C) at least one of the previous adjudications
54-13 is for conduct described by Paragraph (B) of this subdivision that
54-14 occurred after the date a previous adjudication described by
54-15 Paragraph (B) of this subdivision was rendered, if that
54-16 adjudication became final; and
54-17 (2) the court or jury finds beyond a reasonable doubt
54-18 that the allegations described by Subdivision (1) of this
54-19 subsection in the grand jury petition are true.
54-20 SECTION 5.23. Subsections (b), (c), (d), and (e), Section
54-21 54.041, Family Code, are amended to read as follows:
54-22 (b) If a child is found to have engaged in delinquent
54-23 conduct arising from the commission of an offense in which property
54-24 damage or loss or personal injury occurred, the juvenile court, on
54-25 notice to all persons affected and on hearing, may order the child
55-1 or a parent to make full or partial restitution to the victim of
55-2 the offense. The program of restitution must promote the
55-3 rehabilitation of the child, be appropriate to the age and
55-4 physical, emotional, and mental abilities of the child, and not
55-5 conflict with the child's schooling. When practicable and subject
55-6 to court supervision, the court may approve a restitution program
55-7 based on a settlement between the child and the victim of the
55-8 offense. An order under this subsection may provide for periodic
55-9 payments by the child or a parent of the child for the period
55-10 specified in the order but that period may not extend past the 18th
55-11 birthday of the child.
55-12 (c) In addition to or in lieu of restitution, a juvenile <If
55-13 the child or parent is unable to make full or partial restitution
55-14 or if a restitution order is not appropriate under the
55-15 circumstances, the> court may order a <the> child found to have
55-16 engaged in delinquent conduct to render community service <personal
55-17 services to a charitable or educational institution in the manner
55-18 prescribed in the court order in lieu of restitution>. The court
55-19 may also order under this subsection that the child's parent
55-20 perform community service with the child.
55-21 (d) Restitution under this section is cumulative of any
55-22 other remedy allowed by law and may be used in addition to other
55-23 remedies; except that a victim of an offense is not entitled to
55-24 receive more than actual damages under a juvenile court order.
55-25 (e) A city, town, or county that establishes a program to
56-1 assist children and their parents in rendering community service
56-2 <personal services to a charitable or educational institution> as
56-3 authorized by Subsection (c) of this section <this subsection> may
56-4 purchase insurance policies protecting the city, town, or county
56-5 against claims brought by a person other than the child or the
56-6 child's parent for a cause of action that arises from an act of the
56-7 child or parent while rendering those services. The city, town, or
56-8 county is not liable under this Act to the extent that damages are
56-9 recoverable under a contract of insurance or under a plan of
56-10 self-insurance authorized by statute. The liability of the city,
56-11 town, or county for a cause of action that arises from an action of
56-12 the child or the child's parent while rendering those services may
56-13 not exceed $100,000 to a single person and $300,000 for a single
56-14 occurrence in the case of personal injury or death, and $10,000 for
56-15 a single occurrence of property damage. Liability may not extend
56-16 to punitive or exemplary damages. This subsection does not waive a
56-17 defense, immunity, or jurisdictional bar available to the city,
56-18 town, or county or its officers or employees, nor shall this Act be
56-19 construed to waive, repeal, or modify any provision of Chapter 101,
56-20 Civil Practice and Remedies Code <the Texas Tort Claims Act, as
56-21 amended (Article 6252-19, Vernon's Texas Civil Statutes)>.
56-22 (f) <(c)> A person subject to an order proposed under
56-23 Subsection (a) or (c) of this section is entitled to a hearing on
56-24 the order before the order is entered by the court.
56-25 (g) <(d)> An order made under this section may be enforced
57-1 as provided by Section 54.07 of this code.
57-2 (h) <(e)> If a child is found to have engaged in conduct
57-3 indicating a need for supervision described under Section
57-4 51.03(b)(2) of this code, the court may order the child's parents
57-5 or guardians to attend a class provided under Section 21.035(h),
57-6 Education Code, if the school district in which the child's parents
57-7 or guardians reside offers a class under that section.
57-8 SECTION 5.24. Chapter 54, Family Code, is amended by adding
57-9 Section 54.051 to read as follows:
57-10 Sec. 54.051. MODIFICATION OF DISPOSITION AFTER COMMITMENT.
57-11 (a) The juvenile court may modify under this section a disposition
57-12 of a child committed to the Texas Youth Commission only if the
57-13 child was:
57-14 (1) committed to the Texas Youth Commission under
57-15 Section 54.04; and
57-16 (2) returned from the Texas Youth Commission to the
57-17 juvenile court under Section 54.12.
57-18 (b) On return of the child to the court under this section,
57-19 the court may modify the disposition in a manner the court
57-20 determines appropriate to the circumstances and needs of the child,
57-21 including placing the child on probation under Section 54.04(d)(1).
57-22 SECTION 5.25. Chapter 54, Family Code, is amended by adding
57-23 Section 54.055 to read as follows:
57-24 Sec. 54.055. CLERK TO SUBMIT DISPOSITION INFORMATION. Not
57-25 later than the 60th day after the date an order is entered in the
58-1 disposition of a case under Section 54.04 or 54.05, the clerk of
58-2 the court that issued the order shall transmit to the Department of
58-3 Public Safety of the State of Texas information relating to the
58-4 disposition of the case. The clerk shall include:
58-5 (1) the name of the child;
58-6 (2) the names of the child's parents or guardian;
58-7 (3) a description of the conduct for which the child
58-8 was adjudicated; and
58-9 (4) the disposition made in the case.
58-10 SECTION 5.26. Section 54.11, Family Code, is amended to read
58-11 as follows:
58-12 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
58-13 a referral <notice required> under Section 61.079(a), Human
58-14 Resources Code, for <of> the transfer to the institutional division
58-15 of the Texas Department of Criminal Justice <Corrections> of a
58-16 person committed to the Texas Youth Commission under Section
58-17 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
58-18 receipt of a request by the commission under Section 61.081(f),
58-19 Human Resources Code, for approval of the release under supervision
58-20 of a person committed to the commission under Section 54.04(d)(3),
58-21 54.04(m), or 54.05(f) <a determinate sentence>, the court shall set
58-22 a time and place for a hearing on the release of the person.
58-23 (b) The court shall notify the following of the time and
58-24 place of the hearing:
58-25 (1) the person to be transferred or released under
59-1 supervision;
59-2 (2) the parents of the person;
59-3 (3) any legal custodian of the person, including the
59-4 Texas Youth Commission;
59-5 (4) the office of the prosecuting attorney that
59-6 represented the state in the juvenile delinquency proceedings;
59-7 (5) the victim of the offense that was included in the
59-8 delinquent conduct that was a ground for the disposition, or a
59-9 member of the victim's family; and
59-10 (6) any other person who has filed a written request
59-11 with the court to be notified of a release hearing with respect to
59-12 the person to be transferred or released under supervision.
59-13 (c) Except for the person to be transferred or released
59-14 under supervision and the prosecuting attorney, the failure to
59-15 notify a person listed in Subsection (b) of this section does not
59-16 affect the validity of a <release> hearing conducted or <a release>
59-17 determination made under this section if the record in the case
59-18 reflects that the whereabouts of the persons who did not receive
59-19 notice were unknown to the court and a reasonable effort was made
59-20 by the court to locate those persons.
59-21 (d) At a <release> hearing under this section the court may
59-22 consider written reports from probation officers, professional
59-23 court employees, or professional consultants, in addition to the
59-24 testimony of witnesses. At least one day before the <release>
59-25 hearing, the court shall provide the attorney for the person to be
60-1 transferred or released under supervision with access to all
60-2 written matter to be considered by the court.
60-3 (e) At the <any release> hearing, the person to be
60-4 transferred or released under supervision is entitled to an
60-5 attorney, to examine all witnesses against him, to present
60-6 evidence and oral argument, and to previous examination of all
60-7 reports on and evaluations and examinations of or relating to him
60-8 that may be used in the hearing.
60-9 (f) A <release> hearing under this section is open to the
60-10 public unless the person to be transferred or released under
60-11 supervision waives a public hearing with the consent of his
60-12 attorney and the court.
60-13 (g) A <release> hearing under this section must be recorded
60-14 by a court reporter or by audio or video tape recording, and the
60-15 record of the hearing must be retained by the court for at least
60-16 two years after the date of the final determination on the transfer
60-17 or release of the person by the court.
60-18 (h) The <release> hearing on a person who is referred for
60-19 <the subject of a notice of> transfer under Section 61.079(a),
60-20 Human Resources Code, shall <must> be held not later than the 60th
60-21 day after the date the court receives the referral <before 30 days
60-22 before the person's 18th birthday>.
60-23 (i) On conclusion of the <release> hearing on a person who
60-24 is referred for <the subject of a notice of> transfer under Section
60-25 61.079(a), Human Resources Code, the court may order:
61-1 (1) the return <recommitment> of the person to the
61-2 Texas Youth Commission <without a determinate sentence>; or
61-3 (2) the transfer of the person to the custody of the
61-4 institutional division of the Texas Department of Criminal Justice
61-5 for the completion of the person's <determinate> sentence<; or>
61-6 <(3) the final discharge of the person>.
61-7 (j) On conclusion of the hearing on a person who is referred
61-8 for release under supervision under Section 61.081(f), Human
61-9 Resources Code, the court may order the return of the person to the
61-10 Texas Youth Commission:
61-11 (1) with approval for the release of the person under
61-12 supervision; or
61-13 (2) without approval for the release of the person
61-14 under supervision.
61-15 (k) In making a determination under this section, the court
61-16 may consider the experiences and character of the person before and
61-17 after commitment to the youth commission, the nature of the penal
61-18 offense that the person was found to have committed and the manner
61-19 in which the offense was committed, the abilities of the person to
61-20 contribute to society, the protection of the victim of the offense
61-21 or any member of the victim's family, the recommendations of the
61-22 youth commission and prosecuting attorney, the best interests of
61-23 the person, and any other factor relevant to the issue to be
61-24 decided.
61-25 SECTION 5.27. Chapter 54, Family Code, is amended by adding
62-1 Section 54.12 to read as follows:
62-2 Sec. 54.12. CRISIS POPULATION RELIEF TO ENSURE
62-3 LENGTH-OF-STAY MANDATES. (a) Except as provided by Subsection
62-4 (c), the Texas Youth Commission shall return a child to the
62-5 juvenile court that entered the order committing the child for
62-6 further proceedings under Section 54.051 when the number of
62-7 children committed to the commission exceeds the targeted level of
62-8 new commitments. The Texas Youth Commission shall immediately
62-9 notify the Texas Juvenile Probation Commission whenever the number
62-10 of commitments is less than 50 commitments below the targeted
62-11 level.
62-12 (b) The return of a child to the juvenile court by the Texas
62-13 Youth Commission under this section shall be made after an
62-14 evaluation of the seriousness of the child's adjudicated conduct.
62-15 The commission shall give priority to returning children to the
62-16 juvenile court whose adjudicated conduct constitutes a violation of
62-17 the least serious penal laws.
62-18 (c) The Texas Youth Commission may not return a child to the
62-19 juvenile court under this section if the child is committed or
62-20 sentenced to commitment for delinquent conduct prescribed by
62-21 Section 53.045(a).
62-22 (d) In this section:
62-23 (1) "Return of a child to the juvenile court" means a
62-24 child committed to the Texas Youth Commission after the statewide
62-25 cumulative total of actual commitments for any of the first six
63-1 months of the state fiscal year exceeds the targeted level by 50
63-2 commitments or, at any point during the year, exceeds the targeted
63-3 level by 100 commitments.
63-4 (2) "Targeted level of new commitments" means the key
63-5 performance target for annual commitments to the commission under
63-6 the General Appropriations Act for the Texas Juvenile Probation
63-7 Commission, projected by month to obtain a cumulative monthly
63-8 comparison with the number of actual commitments.
63-9 SECTION 5.28. Section 57.002, Family Code, is amended to
63-10 read as follows:
63-11 Sec. 57.002. VICTIM'S RIGHTS. A victim, guardian of a
63-12 victim, or close relative of a deceased victim is entitled to the
63-13 following rights within the juvenile justice system:
63-14 (1) the right to receive from law enforcement agencies
63-15 adequate protection from harm and threats of harm arising from
63-16 cooperation with prosecution efforts;
63-17 (2) the right to have the court or person appointed by
63-18 the court take the safety of the victim or the victim's family into
63-19 consideration as an element in determining whether the child should
63-20 be detained before the child's conduct is adjudicated;
63-21 (3) the right, if requested, to be informed of
63-22 relevant court proceedings and to be informed in a timely manner if
63-23 those court proceedings have been canceled or rescheduled;
63-24 (4) the right to be informed, when requested, by the
63-25 court or a person appointed by the court concerning the procedures
64-1 in the juvenile justice system, including general procedures
64-2 relating to the preliminary investigation and informal adjustment
64-3 of a case;
64-4 (5) the right to provide pertinent information to a
64-5 juvenile court conducting a disposition hearing concerning the
64-6 impact of the offense on the victim and the victim's family by
64-7 testimony, written statement, or any other manner before the court
64-8 renders its disposition;
64-9 (6) the right to receive information regarding
64-10 compensation to victims as provided by the Crime Victims
64-11 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
64-12 including information related to the costs that may be compensated
64-13 under that Act and the amount of compensation, eligibility for
64-14 compensation, and procedures for application for compensation under
64-15 that Act, the payment of medical expenses under Section 1, Chapter
64-16 299, Acts of the 63rd Legislature, Regular Session, 1973 (Article
64-17 4447m, Vernon's Texas Civil Statutes), for a victim of a sexual
64-18 assault, and when requested, to referral to available social
64-19 service agencies that may offer additional assistance;
64-20 (7) the right to be informed, upon request, of
64-21 procedures for release under supervision, to participate in the
64-22 release process, to be notified, if requested, of release
64-23 proceedings concerning the person <child>, to provide to the Texas
64-24 Youth Commission for inclusion in the person's <child's> file
64-25 information to be considered by the commission before the release
65-1 under supervision of the person <child>, and to be notified, if
65-2 requested, of the person's <child's> release;
65-3 (8) the right to be provided with a waiting area,
65-4 separate or secure from other witnesses, including the child
65-5 alleged to have committed the conduct and relatives of the child,
65-6 before testifying in any proceeding concerning the child, or, if a
65-7 separate waiting area is not available, other safeguards should be
65-8 taken to minimize the victim's contact with the child and the
65-9 child's relatives and witnesses, before and during court
65-10 proceedings;
65-11 (9) the right to prompt return of any property of the
65-12 victim that is held by a law enforcement agency or the attorney for
65-13 the state as evidence when the property is no longer required for
65-14 that purpose;
65-15 (10) the right to have the attorney for the state
65-16 notify the employer of the victim, if requested, of the necessity
65-17 of the victim's cooperation and testimony in a proceeding that may
65-18 necessitate the absence of the victim from work for good cause; and
65-19 (11) the right to be present at all public court
65-20 proceedings related to the conduct of the child, subject to the
65-21 approval of the court.
65-22 SECTION 5.29. Section 61.079, Human Resources Code, is
65-23 amended to read as follows:
65-24 Sec. 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
65-25 TRANSFER <REVIEW>. (a) After a child sentenced to commitment to
66-1 the commission under Section 54.04(d)(3), 54.04(m), or 54.05(f),
66-2 Family Code, becomes 16 years of age but before the child becomes
66-3 21 years of age, the commission may refer the child to the juvenile
66-4 court that entered the order of commitment for approval of the
66-5 child's transfer to the institutional division of the Texas
66-6 Department of Criminal Justice if:
66-7 (1) the child has not completed the sentence; and
66-8 (2) the child's conduct, regardless of whether the
66-9 child was released under supervision under Section 61.081,
66-10 indicates that the welfare of the community requires the transfer
66-11 <During the sixth month before the month in which a person
66-12 committed to the commission under a determinate sentence becomes 18
66-13 years old, the commission shall send to the juvenile court that
66-14 entered the order of commitment a notice of the person's transfer
66-15 to the Texas Department of Corrections if:>
66-16 <(1) the person will not have completed the sentence
66-17 before the person's 18th birthday; and>
66-18 <(2) the person has not been finally released by the
66-19 commission with the approval of the juvenile court that entered the
66-20 order of commitment>.
66-21 (b) The commission shall cooperate with the court on any
66-22 proceeding on the transfer <release> of the child <a person>.
66-23 SECTION 5.30. Subsections (f) and (g), Section 61.081, Human
66-24 Resources Code, are amended to read as follows:
66-25 (f) If a child <under the age of 18> is committed to the
67-1 commission under <a determinate sentence under> Section
67-2 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
67-3 the commission may not release the child under supervision without
67-4 approval of the juvenile court that entered the order of commitment
67-5 unless the child has served at least:
67-6 (1) 10 years, if the child was sentenced to commitment
67-7 for conduct constituting capital murder;
67-8 (2) 3 years, if the child was sentenced to commitment
67-9 for conduct constituting a felony of the first degree;
67-10 (3) 2 years, if the child was sentenced to commitment
67-11 for conduct constituting a felony of the second degree; or
67-12 (4) 1 year, if the child was sentenced to commitment
67-13 for conduct constituting a felony of the third degree.
67-14 (g) The commission may request the approval of the court
67-15 under this section at any time.
67-16 (h) <(g)> If the commission finds that a child has violated
67-17 an order under which the child is released under supervision, on
67-18 notice by any reasonable method to all persons affected, the
67-19 commission may order the child:
67-20 (1) to return to an institution;
67-21 (2) if the violation resulted in property damage or
67-22 personal injury:
67-23 (A) to make full or partial restitution to the
67-24 victim of the offense; or
67-25 (B) if the child is financially unable to make
68-1 full or partial restitution, to perform services for a charitable
68-2 or educational institution; or
68-3 (3) to comply with any other conditions the commission
68-4 considers appropriate.
68-5 SECTION 5.31. Section 61.084, Human Resources Code, is
68-6 amended to read as follows:
68-7 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
68-8 provided by Subsections (b) and (c), if a person is committed to
68-9 the commission under a determinate sentence under Section
68-10 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
68-11 the commission may not discharge the person from its custody
68-12 <before the person's 18th birthday without the approval of the
68-13 juvenile court that entered the order of commitment>.
68-14 (b) The commission shall discharge without a court hearing
68-15 a person committed to it for a determinate sentence under Section
68-16 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
68-17 who has not been transferred to the institutional division of the
68-18 Texas Department of Criminal Justice <or discharged> under a court
68-19 order on the date that the time spent by the person in detention in
68-20 connection with the committing case plus the time spent at the
68-21 Texas Youth Commission under the order of commitment equals the
68-22 period of the determinate sentence.
68-23 (c) The commission shall transfer to the institutional
68-24 division of the Texas Department of Criminal Justice a person who
68-25 is the subject of an order under Section 54.11(i)(2), Family Code,
69-1 transferring the person to the custody of the institutional
69-2 division of the Texas Department of Criminal Justice for the
69-3 completion of the person's determinate sentence.
69-4 (d) The commission shall transfer a person sentenced to
69-5 commitment for delinquent conduct constituting the offense of
69-6 capital murder to the institutional division of the Texas
69-7 Department of Criminal Justice on the person's 21st birthday to
69-8 serve at least the remainder of the minimum mandatory sentence if
69-9 the person has not:
69-10 (1) served at least 10 years of the person's sentence;
69-11 or
69-12 (2) been transferred or released under supervision by
69-13 court order.
69-14 (e) Except as provided by Subsection (f), the <The>
69-15 commission shall discharge from its custody a person not already
69-16 discharged or transferred on the person's 21st birthday.
69-17 (f) The commission may transfer a person who has been
69-18 sentenced to commitment under Section 54.04(d)(3), 54.04(m), or
69-19 54.05(f), Family Code, or who has been returned to the commission
69-20 under Section 54.11(i)(1), Family Code, to the custody of the
69-21 pardons and paroles division of the Texas Department of Criminal
69-22 Justice on the person's 21st birthday, if the person has not
69-23 already been discharged or transferred, to serve the remainder of
69-24 the person's sentence on parole as provided by Section 29, Article
69-25 42.18, Code of Criminal Procedure.
70-1 SECTION 5.32. Subchapter G, Chapter 61, Human Resources
70-2 Code, is amended by adding Section 61.0911 to read as follows:
70-3 Sec. 61.0911. COORDINATED STRATEGIC PLAN. The commission
70-4 shall biennially develop with the Texas Juvenile Probation
70-5 Commission a coordinated strategic plan as required by Section
70-6 141.0471.
70-7 SECTION 5.33. Subchapter C, Chapter 141, Human Resources
70-8 Code, is amended by adding Section 141.0471 to read as follows:
70-9 Sec. 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
70-10 JUSTICE SYSTEM. (a) The commission and the Texas Youth Commission
70-11 shall biennially develop a coordinated strategic plan which shall
70-12 guide, but not substitute for, the strategic plans developed
70-13 individually by the agencies.
70-14 (b) The plan shall:
70-15 (1) identify short-term and long-term policy goals;
70-16 (2) identify time frames and strategies for meeting
70-17 the goals identified under Subdivision (1);
70-18 (3) estimate population projections, including
70-19 projections of population characteristics;
70-20 (4) estimate short-term and long-term capacity,
70-21 programmatic, and funding needs;
70-22 (5) describe intensive service and surveillance parole
70-23 pilot programs to be jointly developed;
70-24 (6) include an evaluation of aftercare services
70-25 emphasizing concrete outcome measures, including recidivism and
71-1 educational progress;
71-2 (7) identify objective criteria for the various
71-3 decision points throughout the continuum of juvenile justice
71-4 services and sanctions to guard against disparate treatment of
71-5 minority youth; and
71-6 (8) identify cross-agency outcome measures by which to
71-7 evaluate the effectiveness of the system generally.
71-8 (c) Each agency shall by rule adopt the coordinated
71-9 strategic plan on or before December 1st of each odd-numbered year,
71-10 or before the adoption of the agencies' individual strategic plans,
71-11 whichever is earlier.
71-12 SECTION 5.34. Section 141.042, Human Resources Code, is
71-13 amended to read as follows:
71-14 Sec. 141.042. RULES GOVERNING JUVENILE BOARDS, PROBATION
71-15 DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES.
71-16 (a) The commission shall adopt reasonable rules that provide:
71-17 (1) minimum standards for personnel, staffing, case
71-18 loads, programs, facilities, record keeping, equipment, and other
71-19 aspects of the operation of a juvenile board that are necessary to
71-20 provide adequate and effective probation services;
71-21 (2) a code of ethics for probation officers and for
71-22 the enforcement of that code;
71-23 (3) appropriate educational, preservice and in-service
71-24 training, and certification standards for probation officers or
71-25 court-supervised community-based program personnel; and
72-1 (4) minimum standards for juvenile detention
72-2 facilities.
72-3 (b) In adopting the rules prescribed by Subsection (a), the
72-4 commission shall consider local information and evidence gathered
72-5 through public review and comment.
72-6 (c) The commission at least annually shall determine whether
72-7 each juvenile detention facility, including locally operated
72-8 post-adjudication facilities, is in compliance with the
72-9 commission's minimum standards. This subsection applies to
72-10 facilities used to detain a child before, during, and after the
72-11 adjudication of the child.
72-12 (d) The commission shall adopt guidelines for the informal
72-13 adjustment process prescribed by Section 53.03, Family Code, and
72-14 monitor informal adjustment programs established by juvenile boards
72-15 under Section 152.0007, Human Resources Code, for compliance with
72-16 the minimum standards.
72-17 (e) The commission shall develop for voluntary use by
72-18 juvenile probation departments a standard assessment tool for the
72-19 initial assessment of children under the jurisdiction of probation
72-20 departments. The commission shall give priority to training in the
72-21 use of this tool in any preservice or in-service training that the
72-22 commission provides for probation officers. The assessment tool
72-23 shall:
72-24 (1) facilitate assessment of a child's mental health,
72-25 family background, and level of education; and
73-1 (2) assist juvenile probation departments in
73-2 determining when a child in the department's jurisdiction is in
73-3 need of comprehensive psychological or other evaluation.
73-4 (f) The commission shall monitor compliance with alternative
73-5 referral programs adopted by juvenile boards under Section 53.01,
73-6 Family Code.
73-7 SECTION 5.35. Subchapter C, Chapter 141, Human Resources
73-8 Code, is amended by adding Section 141.0421 to read as follows:
73-9 Sec. 141.0421. REPORT TO LEGISLATURE. (a) Not later than
73-10 January 31, 1997, the commission shall report to the legislature
73-11 the commission's recommendations for improving the ability of the
73-12 commission to enforce compliance with the commission's minimum
73-13 standards for juvenile detention and other locally operated
73-14 detention facilities.
73-15 (b) The commission's report under Subsection (a) shall also
73-16 address the constitutional adequacy of juvenile detention
73-17 facilities and any other relevant issue pertaining to the health
73-18 and safety of persons detained in the facilities.
73-19 (c) In addition to the report required under Subsection (a),
73-20 the commission shall cooperate with the Texas Youth Commission in
73-21 developing a plan for the implementation of an intermediate
73-22 sanctions program for the commission's report required by law.
73-23 (d) This section expires September 1, 1997.
73-24 SECTION 5.36. Subsection (a), Section 141.085, Human
73-25 Resources Code, is amended to read as follows:
74-1 (a) The commission shall refuse, reduce, or suspend payment
74-2 of state aid to:
74-3 (1) a juvenile board that fails to comply with the
74-4 commission's rules or fails to maintain local financial support; or
74-5 (2) a county that fails to comply with the minimum
74-6 standards for juvenile detention and other locally operated
74-7 detention facilities adopted by the commission under Section
74-8 141.042.
74-9 SECTION 5.37. Section 152.0007, Human Resources Code, is
74-10 amended to read as follows:
74-11 Sec. 152.0007. DUTIES. (a) The juvenile board shall:
74-12 (1) establish a juvenile probation department and
74-13 employ personnel to conduct probation services, including a chief
74-14 probation officer and, if more than one officer is necessary,
74-15 assistant officers, who meet the standards set by the Texas
74-16 Juvenile Probation Commission; and
74-17 (2) operate or supervise juvenile services in the
74-18 county and make recommendations as to the need for and purchase of
74-19 services.
74-20 (b) The juvenile board shall establish guidelines for the
74-21 appropriate use of the informal adjustment process prescribed by
74-22 Section 53.03, Family Code, for children referred to juvenile court
74-23 for delinquent conduct or conduct indicating a need for
74-24 supervision. The guidelines shall prescribe the range of conduct
74-25 suitable for informal adjustment. In establishing guidelines under
75-1 this subsection, the board shall provide a continuum of progressive
75-2 sanctions and effectively address each incident of misconduct by a
75-3 child who participates in informal adjustment. The board is
75-4 encouraged to seek community assistance in the operation of an
75-5 informal adjustment program.
75-6 (c) The juvenile board shall establish guidelines for the
75-7 initial assessment of a child by the juvenile probation department.
75-8 The guidelines shall provide a means for assessing a child's mental
75-9 health status, family background, and level of education. The
75-10 guidelines shall assist the probation department in determining
75-11 whether a comprehensive psychological evaluation of the child
75-12 should be conducted. The board shall require that probation
75-13 department personnel use assessment information compiled by the
75-14 child's school, if the information is available, before conducting
75-15 a comprehensive psychological evaluation of the child. The board
75-16 may adopt all or part of the Texas Juvenile Probation Commission's
75-17 minimum standards for assessment under Section 141.042 in complying
75-18 with this subsection.
75-19 SECTION 5.38. Subsection (a), Section 461.012, Health and
75-20 Safety Code, is amended to read as follows:
75-21 (a) The commission shall:
75-22 (1) provide for research and study of the problems of
75-23 chemical dependency in this state and seek to focus public
75-24 attention on those problems through public information and
75-25 education programs;
76-1 (2) plan, develop, coordinate, evaluate, and implement
76-2 constructive methods and programs for the prevention, intervention,
76-3 treatment, and rehabilitation of chemical dependency in cooperation
76-4 with federal and state agencies, local governments, organizations,
76-5 and persons, and provide technical assistance, funds, and
76-6 consultation services for statewide and community-based services;
76-7 (3) cooperate with and enlist the assistance of:
76-8 (A) other state, federal, and local agencies;
76-9 (B) hospitals and clinics;
76-10 (C) public health, welfare, and criminal justice
76-11 system authorities;
76-12 (D) educational and medical agencies and
76-13 organizations; and
76-14 (E) other related public and private groups and
76-15 persons;
76-16 (4) do everything within its authority to expand
76-17 chemical dependency services for children, including children who
76-18 have engaged in conduct described by Section 51.03, Family Code,
76-19 <when funds are available> because of the long-term benefits of
76-20 those services to the state and its citizens, making expansion of
76-21 such services a priority of the commission;
76-22 (5) sponsor, promote, and conduct educational programs
76-23 on the prevention and treatment of chemical dependency, and
76-24 maintain a public information clearinghouse to purchase and provide
76-25 books, literature, audiovisuals, and other educational material for
77-1 the programs;
77-2 (6) sponsor, promote, and conduct training programs
77-3 for persons delivering prevention, intervention, treatment, and
77-4 rehabilitation services and for persons in the criminal justice
77-5 system or otherwise in a position to identify chemically dependent
77-6 persons and their families in need of service;
77-7 (7) require programs rendering services to chemically
77-8 dependent persons to safeguard those persons' legal rights of
77-9 citizenship and maintain the confidentiality of client records as
77-10 required by state and federal law;
77-11 (8) maximize the use of available funds for direct
77-12 services rather than administrative services;
77-13 (9) consistently monitor the expenditure of funds and
77-14 the provision of services by all grant and contract recipients to
77-15 assure that the services are effective and properly staffed and
77-16 meet the standards adopted under this chapter;
77-17 (10) make the monitoring reports prepared under
77-18 Subdivision (9) a matter of public record;
77-19 (11) license treatment facilities under Chapter 464;
77-20 (12) use funds appropriated to the commission to carry
77-21 out this chapter and maximize the overall state allotment of
77-22 federal funds;
77-23 (13) develop and implement policies that will provide
77-24 the public with a reasonable opportunity to appear before the
77-25 commission and to speak on any issue under the commission's
78-1 jurisdiction;
78-2 (14) establish minimum criteria that peer assistance
78-3 programs must meet to be governed by and entitled to the benefits
78-4 of a law that authorizes licensing and disciplinary authorities to
78-5 establish or approve peer assistance programs for impaired
78-6 professionals;
78-7 (15) adopt rules governing the functions of the
78-8 commission, including rules that prescribe the policies and
78-9 procedures followed by the commission in administering any
78-10 commission programs; <and>
78-11 (16) plan, develop, coordinate, evaluate, and
78-12 implement constructive methods and programs to provide healthy
78-13 alternatives for youth at risk of selling controlled substances;<(16)> submit to the federal government reports
78-20 and strategies necessary to comply with Section 1926 of the federal
78-21 Alcohol, Drug Abuse, and Mental Health Administration
78-22 Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
78-23 reports and strategies are to be coordinated with appropriate state
78-24 governmental entities.
78-25 SECTION 5.39. Article 42.18, Code of Criminal Procedure, is
79-1 amended by adding Section 29 to read as follows:
79-2 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
79-3 the 90th day before the date the Texas Youth Commission transfers a
79-4 person to the custody of the pardons and paroles division for
79-5 release on parole under Section 61.084(f), Human Resources Code,
79-6 the commission shall submit to the board all pertinent information
79-7 relating to the person, including:
79-8 (1) the juvenile court judgment;
79-9 (2) the circumstances of the person's offense;
79-10 (3) the person's previous social history and juvenile
79-11 court records;
79-12 (4) the person's physical and mental health record;
79-13 (5) a record of the person's conduct, employment
79-14 history, and attitude while committed to the commission;
79-15 (6) a record of the sentence time served by the person
79-16 at the commission; and
79-17 (7) any written comments or information provided by
79-18 the commission, local officials, or victims of the offense.
79-19 (b) Before the release of the person on parole, a parole
79-20 panel shall review the person's records and may interview the
79-21 person or any other person the panel considers necessary to
79-22 determine the conditions of parole. The panel may impose any
79-23 reasonable condition of parole on the person that the panel may
79-24 impose on an adult prisoner under this article.
79-25 (c) The parole panel shall furnish the person with a
80-1 contract clearly describing the conditions and rules of parole.
80-2 The person must accept and sign the contract as a precondition to
80-3 release on parole.
80-4 (d) While on parole, the person remains in the legal custody
80-5 of the state and shall comply with the conditions of parole ordered
80-6 by a parole panel under this section.
80-7 (e) The period of parole for a person released to parole
80-8 under this section is the maximum term for which the person was
80-9 sentenced less calendar time actually served at the Texas Youth
80-10 Commission.
80-11 (f) If a parole panel revokes the person's parole, the panel
80-12 may require the person to serve the portion remaining of the
80-13 person's sentence in the institutional division. The remaining
80-14 portion of the person's sentence is computed without credit for the
80-15 time from the date of the person's release to the date of
80-16 revocation. The panel may not recommit the person to the Texas
80-17 Youth Commission.
80-18 (g) For purposes of this article, a person released from the
80-19 Texas Youth Commission on parole under this section is considered
80-20 to have been convicted of the offense for which the person has been
80-21 adjudicated.
80-22 SECTION 5.40. Subsection (b), Section 8.07, Penal Code, is
80-23 amended to read as follows:
80-24 (b) Unless the juvenile court waives jurisdiction under
80-25 Section 54.02, Family Code, and certifies the individual for
81-1 criminal prosecution or the juvenile court has previously waived
81-2 jurisdiction under Section 54.02, Family Code, and certified the
81-3 individual for criminal prosecution, and the individual is not
81-4 subject to the jurisdiction of a juvenile court under Section
81-5 51.036(b), Family Code, a person may not be prosecuted for or
81-6 convicted of any offense committed before reaching 17 years of age
81-7 except:
81-8 (1) perjury and aggravated perjury when it appears by
81-9 proof that he had sufficient discretion to understand the nature
81-10 and obligation of an oath;
81-11 (2) a violation of a penal statute cognizable under
81-12 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
81-13 (Article 6701l-4, Vernon's Texas Civil Statutes), except conduct
81-14 which violates the laws of this state prohibiting driving while
81-15 intoxicated or under the influence of intoxicating liquor (first or
81-16 subsequent offense) or driving while under the influence of any
81-17 narcotic drug or of any other drug to a degree which renders him
81-18 incapable of safely driving a vehicle (first or subsequent
81-19 offense);
81-20 (3) a violation of a motor vehicle traffic ordinance
81-21 of an incorporated city or town in this state;
81-22 (4) a misdemeanor punishable by fine only other than
81-23 public intoxication; or
81-24 (5) a violation of a penal ordinance of a political
81-25 subdivision.
82-1 SECTION 5.41. Section 413.009, Government Code, is amended
82-2 to read as follows:
82-3 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
82-4 its duties the policy council shall:
82-5 (1) conduct an in-depth analysis of the criminal
82-6 justice system;
82-7 (2) determine the long-range needs of the criminal
82-8 justice system and recommend policy priorities for the system;
82-9 (3) identify critical problems in the criminal justice
82-10 system and recommend strategies to solve those problems;
82-11 (4) assess the cost-effectiveness of the use of state
82-12 and local funds in the criminal justice system;
82-13 (5) recommend means to improve the deterrent and
82-14 rehabilitative capabilities of the criminal justice system;
82-15 (6) advise and assist the legislature in developing
82-16 plans, programs, and proposed legislation for improving the
82-17 effectiveness of the criminal justice system;
82-18 (7) make computations of daily costs and compare
82-19 interagency costs on services provided by agencies that are a part
82-20 of the criminal justice system;
82-21 (8) make population computations for use in planning
82-22 for the long-range needs of the criminal justice system;
82-23 (9) determine long-range information needs of the
82-24 criminal justice system and acquire that information; and
82-25 (10) engage in other activities consistent with the
83-1 responsibilities of the policy council.
83-2 (b) In addition to the policy council's duties under
83-3 Section 413.008 and Subsection (a) of this section, the policy
83-4 council may perform any function described in Subsection (a) to
83-5 promote an effective and cohesive juvenile justice system.
83-6 SECTION 5.42. This article takes effect September 1, 1995.
83-7 SECTION 5.43. (a) The change in law made by this article
83-8 applies only to conduct that occurs on or after the effective date
83-9 of this article. Conduct violating a penal law of the state occurs
83-10 on or after the effective date of this article if every element of
83-11 the violation occurs on or after that date.
83-12 (b) Conduct that occurs before the effective date of this
83-13 article is covered by the law in effect at the time the conduct
83-14 occurred, and the former law is continued in effect for that
83-15 purpose.
83-16 (c) This section does not require the juvenile court to
83-17 transfer a person to a court of criminal jurisdiction because the
83-18 person has been previously transferred to a criminal court for an
83-19 offense committed before the effective date of this article.
83-20 SECTION 5.44. The Texas Juvenile Probation Commission shall
83-21 adopt the minimum standards for the initial assessment of children
83-22 as required by Section 141.042, Human Resources Code, as amended
83-23 by Section 5.34 of this article, on or before September 1, 1996.
83-24 SECTION 5.45. (a) The coordinated strategic plan to be
83-25 adopted by December 1, 1995, pursuant to Section 141.0471, Human
84-1 Resources Code, as added by Section 5.33 of this article, shall
84-2 include a plan for implementation of an intermediate sanctions
84-3 program for children adjudicated for delinquent conduct or conduct
84-4 indicating a need for supervision who are:
84-5 (1) placed on probation under Section 54.04, Family
84-6 Code, and violate the conditions of probation; or
84-7 (2) released from the Texas Youth Commission under
84-8 supervision under Section 61.081, Human Resources Code, and violate
84-9 the conditions of release.
84-10 (b) The plan shall:
84-11 (1) identify the types of children suitable for an
84-12 intermediate sanctions program based on the types of conduct, level
84-13 of education, and risk of recidivism;
84-14 (2) provide for a progressive increase in the type and
84-15 severity of sanctions for children assigned to the program;
84-16 (3) provide for participation in the program by
84-17 juvenile probation departments and other local authorities;
84-18 (4) provide for participation in the program by
84-19 privately operated juvenile facilities;
84-20 (5) establish guidelines for the implementation of
84-21 pilot boot camp programs with short-term and long-term evaluation
84-22 components; and
84-23 (6) include other relevant aspects necessary for the
84-24 implementation of an intermediate sanctions program.
84-25 SECTION 5.46. The Texas Juvenile Probation Commission, in
85-1 collaboration with the Texas Department of Mental Health and Mental
85-2 Retardation, shall develop a model protocol by which juvenile
85-3 probation departments shall refer children with mental impairments
85-4 and children under age 10 to local community management teams of
85-5 the Children's Mental Health Plan. The protocol is to be
85-6 distributed to all juvenile boards, chief probation officers, and
85-7 community management teams no later than September 1, 1995.
85-8 SECTION 5.47. (a) The Texas Commission on Alcohol and Drug
85-9 Abuse shall revise the standard contract by which it contracts with
85-10 providers of services to include specific outcome measures,
85-11 monitoring schedules, and provisions for sharing with the Texas
85-12 Juvenile Probation Commission and the Texas Youth Commission
85-13 monitoring reports relating to services to juvenile offenders.
85-14 (b) The commission shall revise the contract no later than
85-15 January 1, 1996.
85-16 ARTICLE VI. STATEMENT OF IMPACT ON CHILDREN
85-17 SECTION 6.01. Chapter 2001, Government Code, is amended by
85-18 adding Section 2001.0281 to read as follows:
85-19 Sec. 2001.0281. STATEMENT OF IMPACT ON CHILDREN. (a) A
85-20 rule proposed by the following state agencies shall include a
85-21 statement of the rule's impact on children:
85-22 (1) Health and Human Services Commission;
85-23 (2) Texas Department of Human Services;
85-24 (3) Texas Department of Health;
85-25 (4) Texas Department of Mental Health and Mental
86-1 Retardation;
86-2 (5) Texas Commission for the Blind; and
86-3 (6) Texas Commission for the Deaf and Hearing
86-4 Impaired.
86-5 (b) The statement shall be published with the proposed rule
86-6 in accordance with Section 2001.023.
86-7 (c) The statement shall follow the same format and include
86-8 the same information as the impact statements which the Health and
86-9 Human Services Commission is required to prepare under Section 15A,
86-10 Article 4413(502), Revised Statutes.
86-11 SECTION 6.02. Article 4413(502), Revised Statutes, is
86-12 amended by adding Section 15A to read as follows:
86-13 Sec. 15A. STATEMENT OF IMPACT ON CHILDREN. (a) The
86-14 commission shall, in coordination with relevant state agencies,
86-15 prepare a statement of impact on children for all legislation
86-16 related to children upon referral of the legislation to committee.
86-17 (b) The commission shall forward the statement to the
86-18 Legislative Budget Board for attachment to the fiscal note
86-19 accompanying the bill.
86-20 (c) The statement shall, at a minimum, address the following
86-21 questions:
86-22 (1) whether the action will increase or decrease the
86-23 amount of money or level of services available for children and
86-24 families;
86-25 (2) whether the action will increase or decrease the
87-1 number of children and families eligible for services;
87-2 (3) whether the action will affect the delivery of
87-3 services;
87-4 (4) whether the action will result in increased costs
87-5 for other services; and
87-6 (5) whether the action is required by new or current
87-7 federal law or regulation.
87-8 SECTION 6.03. This article takes effect immediately.
87-9 ARTICLE VII. LOCAL AND STATE PARTNERSHIP FOR
87-10 DELIVERY OF SERVICES TO MINORS
87-11 SECTION 7.01. Subtitle B, Title 3, Human Resources Code, is
87-12 amended by adding Chapter 72 to read as follows:
87-13 CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY
87-14 OF SERVICES TO CHILDREN AND FAMILIES
87-15 SUBCHAPTER A. GENERAL PROVISIONS
87-16 Sec. 72.001. PURPOSE. The purpose of this chapter is to
87-17 ensure that all children in Texas will:
87-18 (1) live in stable, nurturing, and supportive
87-19 families;
87-20 (2) be physically and mentally healthy;
87-21 (3) enter school able to learn to their full
87-22 potential;
87-23 (4) be successful in school; and
87-24 (5) develop into productive and law-abiding citizens.
87-25 Sec. 72.002. DEFINITIONS. In this chapter:
88-1 (1) "Child" means a person younger than 19 years of
88-2 age.
88-3 (2) "Committee" means the Texas Child and Family
88-4 Legislative Oversight Committee.
88-5 (3) "Local commission" means a local child and family
88-6 commission created under Subchapter C.
88-7 (Section 72.003 to 72.020 reserved for expansion
88-8 SUBCHAPTER B. STATE PARTICIPATION IN THE PARTNERSHIP FOR
88-9 SERVICES TO CHILDREN AND FAMILIES
88-10 Sec. 72.021. DESIGNATED STATE AGENCY. (a) The Health and
88-11 Human Services Commission is the state agency responsible for
88-12 providing leadership in accomplishing the purposes of this chapter
88-13 and ensuring that the objectives prescribed by Section 72.022(e)
88-14 are realized.
88-15 (b) The Health and Human Services Commission may require the
88-16 health and human services, education, and juvenile justice agencies
88-17 listed in Section 72.022(a) to provide staff and other
88-18 administrative support as necessary to assist the commission in
88-19 discharging its responsibilities under this section.
88-20 Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) The
88-21 commissioners or executive directors of the following state
88-22 agencies, in cooperation with the commissioner of health and human
88-23 services, shall ensure that the agencies under their direction
88-24 adopt and implement all policies and procedures necessary to
88-25 accomplish the objectives set forth in Subsection(e):
89-1 (1) the Central Education Agency;
89-2 (2) the Health and Human Services Commission;
89-3 (3) the Department of Protective and Regulatory
89-4 Services;
89-5 (4) the Interagency Council on Early Childhood
89-6 Intervention Services;
89-7 (5) the Texas Commission on Alcohol and Drug Abuse;
89-8 (6) the Texas Commission for the Blind;
89-9 (7) the Texas Department of Health;
89-10 (8) the Texas Department of Human Services;
89-11 (9) the Texas Department of Mental Health and Mental
89-12 Retardation;
89-13 (10) the Texas Juvenile Probation Commission;
89-14 (11) the Texas Youth Commission;
89-15 (12) the Texas Employment Commission; and
89-16 (13) the Children's Trust Fund of Texas Council.
89-17 (b) The executive head of each agency listed in this section
89-18 shall designate an employee of the agency to represent the agency
89-19 under the direction of the agency head and carry out the duties
89-20 prescribed in this chapter.
89-21 (c) Each of the agencies listed in this section is
89-22 responsible for the expenses of that agency's representative. An
89-23 agency representative receives no additional compensation for
89-24 representing the agency in carrying out the duties prescribed in
89-25 this chapter.
90-1 (d) The commissioner of health and human services and the
90-2 commissioner of education shall regularly meet with the agency
90-3 representatives to carry out the purposes of this chapter. The
90-4 commissioner of health and human services may call additional
90-5 meetings as required.
90-6 (e) Each of the agencies listed in this section shall
90-7 collaborate to accomplish the following objectives under the
90-8 direction of the commissioner of health and human services:
90-9 (1) establishing a system to encourage and support the
90-10 development of local child and family commissions throughout the
90-11 state that includes the elimination of administrative or regulatory
90-12 barriers and the provision of adequate technical assistance to
90-13 those commissions;
90-14 (2) developing a blueprint for children that
90-15 establishes goals for children, that includes short-range and
90-16 long-range strategies treating education, health and human
90-17 services, and juvenile justice issues, and that accomplishes the
90-18 purpose prescribed by Section 72.001;
90-19 (3) defining common, cross-agency outcome measures and
90-20 a system of evaluation to measure the effects of agency programs
90-21 for children and families;
90-22 (4) initiating strategies for refinancing children's
90-23 services administered by state agencies to ensure the most
90-24 effective use of federal, state, and local funds;
90-25 (5) reporting quarterly to the committee on progress
91-1 in meeting these objectives and coordinating efforts with the
91-2 committee in issuing a biennial report to the legislature and the
91-3 governor; and
91-4 (6) responding to other issues after considering
91-5 committee recommendations.
91-6 (f) The strategic plan, budget, and performance measures of
91-7 each of the agencies listed in this section shall reflect the joint
91-8 responsibilities listed in Subsection (e).
91-9 (Sections 72.023 to 72.030 reserved for expansion
91-10 SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
91-11 Sec. 72.031. CERTIFICATION OF LOCAL CHILD AND FAMILY
91-12 COMMISSIONS. (a) The Health and Human Services Commission shall
91-13 annually issue a request for proposal for new local child and
91-14 family commissions. A commissioners court, governing body of a
91-15 municipality, council of governments, regional planning body or
91-16 similar entity, or a charitable organization that solicits
91-17 contributions for health and human services may submit a proposal.
91-18 Only one proposal per county will be accepted.
91-19 (b) At a minimum, a proposal submitted under this section
91-20 must:
91-21 (1) provide evidence that the applicant has consulted
91-22 with local governments and other public entities, nonprofit
91-23 organizations, voluntary associations, representatives of
91-24 low-income persons, and other groups involved in providing health
91-25 and human services or funding for such services; and
92-1 (2) name the individuals to serve as the founding
92-2 members of the proposed local child and family commission.
92-3 (c) The Health and Human Services Commission shall adopt
92-4 rules governing the certification and operation of local
92-5 commissions.
92-6 (d) A local commission may serve one or more counties. A
92-7 county may not be served by more than one local commission.
92-8 (e) The Health and Human Services Commission shall certify a
92-9 local commission after receiving a proposal which conforms to the
92-10 rules adopted by the commission. A local commission is established
92-11 on certification by the Health and Human Services Commission.
92-12 Sec. 72.032. MEMBERSHIP OF LOCAL CHILD AND FAMILY
92-13 COMMISSIONS. (a) At a minimum, a local commission shall include:
92-14 (1) a member of the governing body of the most
92-15 populous city or town located within the county and a member of the
92-16 governing body of one other city or town located within the county;
92-17 (2) a county commissioner;
92-18 (3) a school superintendent from a district within the
92-19 county;
92-20 (4) a representative chosen by the juvenile board;
92-21 (5) the executive director or the executive director's
92-22 designee of the local mental health authority;
92-23 (6) a child protective services administrator
92-24 designated by the regional office of the Department of Protective
92-25 and Regulatory Services;
93-1 (7) the regional administrator of the Texas Department
93-2 of Health or the administrator's designee;
93-3 (8) one or more parents;
93-4 (9) a representative of a charitable organization that
93-5 solicits contributions for health and human services;
93-6 (10) at least two representatives of civic, religious,
93-7 or community-based organizations; and
93-8 (11) a person eligible for child and family services.
93-9 (b) Representatives of agencies or organizations which
93-10 provide services may not comprise a majority of the total
93-11 membership of a local commission.
93-12 (c) An applicant for certification under Section 72.031
93-13 shall attempt to ensure participation on local commissions by women
93-14 and minorities, including African Americans, Hispanic Americans,
93-15 Native Americans, and Asian Americans.
93-16 (d) The Health and Human Services Commission may adopt rules
93-17 specifying additional members necessary to qualify for federal
93-18 funds. The commission may also adopt rules modifying the
93-19 membership requirements for local commissions established jointly
93-20 by two or more counties.
93-21 Sec. 72.033. ADMINISTRATION OF LOCAL COMMISSIONS. (a) The
93-22 members of a local commission shall serve staggered two-year terms
93-23 with one-half of the members' terms expiring February 1 of each
93-24 year. The initial members shall choose one-year or two-year terms
93-25 by lot. The members shall elect new members before the outgoing
94-1 members leave office.
94-2 (b) Members of a local commission serve without
94-3 compensation, but all members may be reimbursed, as funds are
94-4 available, from the local commission for actual expenses incurred
94-5 in the performance of official duties. Those expenses must be
94-6 reported in the local commission's records and must be approved by
94-7 the commission.
94-8 (c) A concurrence of a majority of the members of a local
94-9 commission is necessary in matters relating to the business of the
94-10 commission.
94-11 (d) A local commission may contract with a public agency,
94-12 private vendor, or with individuals to assist in the administration
94-13 or management of a commission and to furnish the staff, facilities,
94-14 and equipment the local commission considers necessary for its
94-15 effective operation. A local commission is authorized to do all
94-16 things it deems proper for the successful operation thereof,
94-17 including contracting for services necessary for the proper
94-18 administration of its funds, and is authorized to pay for all
94-19 operating expenses by warrants drawn on proper funds available for
94-20 such purposes.
94-21 Sec. 72.034. FUNDS, GRANTS, GIFTS. A local commission may
94-22 accept funds, including grants and gifts, from any source for the
94-23 purpose of financing programs and facilities. A municipality,
94-24 county, or other political subdivision may make grants to a
94-25 department for those purposes.
95-1 Sec. 72.035. POWERS, DUTIES, AND RESPONSIBILITIES OF LOCAL
95-2 COMMISSIONS. (a) A local commission shall:
95-3 (1) assess the need for child and family services and
95-4 available resources in the community served by the local
95-5 commission;
95-6 (2) monitor the effectiveness and efficiency with
95-7 which public and private organizations that receive public money
95-8 deliver child and family services;
95-9 (3) develop and submit to the Health and Human
95-10 Services Commission local strategic plans for services for children
95-11 and families related to the purpose prescribed by Section 72.001,
95-12 including local budgetary priorities and proposals for alternative
95-13 delivery systems;
95-14 (4) mobilize public, business, and voluntary agency
95-15 partnerships and promote the use of individual volunteers;
95-16 (5) foster the development of new services to meet
95-17 family needs more effectively, including services aimed at
95-18 preventing child abuse and neglect, poverty, malnutrition, failure
95-19 in school, juvenile delinquency, and other social ills;
95-20 (6) assure fiscal efficiency by maximizing the use of
95-21 local, state, and federal funds as appropriate; and
95-22 (7) ensure, through appropriate outcome measures,
95-23 accountability in the delivery of child and family services.
95-24 (b) Unless specifically approved by the Health and Human
95-25 Services Commission, a local commission may not directly deliver
96-1 child and family services. The Health and Human Services
96-2 Commission may only approve direct delivery under this subsection
96-3 if such approval is necessary to meet requirements of state or
96-4 federal law or if no other organization is available to provide the
96-5 service.
96-6 Sec. 72.036. PUBLIC COMMENT. Before establishing
96-7 eligibility and the frequency and duration of funding grants, a
96-8 local commission shall allow adequate notice and opportunity for
96-9 public comment, including comments from the entities listed in
96-10 Section 72.031(b)(1).
96-11 Sec. 72.037. AUDIT. A local commission shall annually
96-12 contract for an audit of its financial condition by an independent
96-13 auditor.
96-14 Sec. 72.038. LIABILITY. A local commission is a
96-15 governmental unit for purposes of Chapter 101, Civil Practice and
96-16 Remedies Code (Texas Tort Claims Act). A member of a local
96-17 commission is not liable for civil damages or criminal prosecution
96-18 for any act performed in good faith in the execution of duties as a
96-19 local commission member or for an action taken by the local
96-20 commission.
96-21 (Sections 72.039 to 72.040 reserved for expansion
96-22 SUBCHAPTER D. STATE GRANTS TO LOCAL CHILD AND
96-23 FAMILY COMMISSIONS
96-24 Sec. 72.041. BUDGET; FUNDS DISTRIBUTION. (a) The Health
96-25 and Human Services Commission, with the assistance of the agencies
97-1 listed in Section 72.022(a) and the Legislative Budget Board, shall
97-2 develop a budget mechanism to:
97-3 (1) combine state and federal funds and to distribute
97-4 the funds through grants to local commissions established under
97-5 Subchapter C; and
97-6 (2) distribute grant funds that may be appropriated by
97-7 the legislature for local commissions.
97-8 (b) The Legislative Budget Board, at the request of the
97-9 committee established by Subchapter F, may transfer appropriations
97-10 from state child-serving agencies to the Health and Human Services
97-11 Commission in accordance with Subsection (a)(1).
97-12 (c) A grant to a local commission made under this section
97-13 must:
97-14 (1) be distributed locally for services that promote
97-15 the social, emotional, or physical well-being of children and
97-16 promote family support; and
97-17 (2) be matched by local resources, cash or in-kind,
97-18 totaling at least one-quarter of the grant amount, unless the
97-19 Health and Human Services Commission provides for a different match
97-20 formula pursuant to Subsection (d).
97-21 (d) The Health and Human Services Commission shall adopt
97-22 rules providing for the distribution of available funds based on a
97-23 county's child population and per capita income. The Health and
97-24 Human Services Commission is authorized to modify the match amount
97-25 required by Subsection (c) if such a modification is necessary to
98-1 accomplish the effective distribution of funds. If the Health and
98-2 Human Services Commission modifies the match formula, the
98-3 modification shall apply to all applicants for funds under this
98-4 section.
98-5 (e) The Health and Human Services Commission is authorized
98-6 to retain up to two percent of any funds appropriated for state
98-7 grants under this section and may use those funds only for the
98-8 administration of the grant program at the state level and for
98-9 carrying out the duties prescribed by Section 72.022.
98-10 Sec. 72.042. SMALL ASSISTANCE GRANTS. (a) As funds are
98-11 available, the Health and Human Services Commission shall by rule
98-12 provide the procedure by which it may make small assistance grants
98-13 to local communities to provide an incentive to establish a local
98-14 commission and support its initial operation.
98-15 (b) The Health and Human Services Commission may provide an
98-16 assistance grant to a local commission upon certification.
98-17 (c) A grant under this section:
98-18 (1) must be in proportion to the child population of
98-19 the county and may not exceed $50,000 for a large urban area;
98-20 (2) must be matched by local resources, in-kind or
98-21 cash, totaling at least one-half the amount of the assistance
98-22 grant; and
98-23 (3) may not extend beyond a period of one year.
98-24 (Sections 72.043 to 72.050 reserved for expansion
98-25 SUBCHAPTER E. COOPERATION WITH STATE AGENCIES
99-1 Sec. 72.051. AGENCY COOPERATION; PERSONNEL. (a) A local
99-2 commission shall cooperate with the Health and Human Services
99-3 Commission in setting performance standards and evaluating outcomes
99-4 for child and family programs for which the local commission and
99-5 the Health and Human Services Commission are responsible.
99-6 (b) The Health and Human Services Commission shall assist
99-7 local commissions in obtaining state employees to work under local
99-8 supervision while engaged in programs serving children and
99-9 families.
99-10 (c) State agencies soliciting proposals under a request for
99-11 proposal for state or federal funds shall require applicants to
99-12 demonstrate the approval of a local child and family commission, if
99-13 extant in the county, prior to submission of such proposals to the
99-14 state agency.
99-15 (Sections 72.052 to 72.060 reserved for expansion
99-16 SUBCHAPTER F. TEXAS CHILD AND FAMILY LEGISLATIVE
99-17 OVERSIGHT COMMITTEE
99-18 Sec. 72.061. CREATION OF COMMITTEE. The Texas Child and
99-19 Family Legislative Oversight Committee is created to monitor the
99-20 progress made by the Health and Human Services Commission and the
99-21 local commissions established under Subchapter C in meeting the
99-22 purpose prescribed by Section 72.001 and in discharging their
99-23 functions under this chapter.
99-24 Sec. 72.062. MEMBERSHIP OF COMMITTEE. (a) The committee
99-25 consists of:
100-1 (1) six public members, three of whom are appointed by
100-2 the lieutenant governor and three of whom are appointed by the
100-3 speaker of the house of representatives;
100-4 (2) two members of the senate appointed by the
100-5 lieutenant governor; and
100-6 (3) two members of the house of representatives
100-7 appointed by the speaker of the house of representatives.
100-8 (b) The committee's public members must be appointed from
100-9 among individuals who represent parents, local governments,
100-10 business, service providers, religious groups or organizations,
100-11 charitable organizations, or voluntary and community-based
100-12 organizations.
100-13 (c) The lieutenant governor and the speaker of the house of
100-14 representatives shall alternate every two years designating a
100-15 member of the committee as the presiding officer of the committee.
100-16 The lieutenant governor shall designate the first presiding
100-17 officer. The committee may elect from its members any other
100-18 necessary officers.
100-19 (d) A person may not serve as a member of the committee or
100-20 act as general counsel to the committee if the person is required
100-21 to register as a lobbyist under Chapter 305, Government Code,
100-22 because of the person's activities for compensation on behalf of a
100-23 profession related to the operation of the committee.
100-24 (e) Appointments to the committee shall be made without
100-25 regard to the race, color, disability, sex, religion, age, or
101-1 national origin of the appointees.
101-2 (f) An officer, employee, or paid consultant of a Texas
101-3 trade association in the field of human services may not be a
101-4 member of the committee or an employee of the committee who is
101-5 exempt from the state's position classification plan or who is
101-6 compensated at or above the amount prescribed by the General
101-7 Appropriations Act for step 1, salary group 17, of the position
101-8 classification salary schedule.
101-9 (g) A person who is the spouse of an officer, manager, or
101-10 paid consultant of a Texas trade association in the field of human
101-11 services may not be a member of the committee and may not be an
101-12 employee of the committee who is exempt from the state's position
101-13 classification plan or who is compensated at or above the amount
101-14 prescribed by the General Appropriations Act for step 1, salary
101-15 group 17, of the position classification salary schedule.
101-16 (h) For the purposes of this section, a Texas trade
101-17 association is a nonprofit, cooperative, and voluntarily joined
101-18 association of business or professional competitors in this state
101-19 designed to assist its members and its industry or profession in
101-20 dealing with mutual business or professional problems and in
101-21 promoting their common interest.
101-22 Sec. 72.063. COMMITTEE MEETINGS; TERMS; ADDITIONAL DUTY;
101-23 COMPENSATION. (a) The committee shall meet at least quarterly and
101-24 at other times at the call of its presiding officer or as provided
101-25 by rules adopted by the committee. The committee shall provide for
102-1 public comment at its meetings.
102-2 (b) Public members of the committee serve six-year staggered
102-3 terms with two members' terms expiring February 1 of each
102-4 odd-numbered year.
102-5 (c) The legislative members of the committee serve at the
102-6 pleasure of the lieutenant governor if appointed by the lieutenant
102-7 governor or at the pleasure of the speaker of the house of
102-8 representatives if appointed by the speaker of the house of
102-9 representatives.
102-10 (d) Service on the committee by a member of the senate or
102-11 house of representatives is an additional duty of legislative
102-12 office.
102-13 (e) A public member of the committee is entitled to
102-14 compensation and reimbursement for travel expenses as provided by
102-15 the General Appropriations Act.
102-16 Sec. 72.064. GROUNDS FOR REMOVAL. (a) It is a ground for
102-17 removal from the committee that a public member:
102-18 (1) does not have at the time of appointment the
102-19 qualifications required by Section 72.062;
102-20 (2) does not maintain during service on the committee
102-21 the qualifications required by Section 72.062;
102-22 (3) cannot discharge the member's duties for a
102-23 substantial part of the term for which the member is appointed
102-24 because of illness or disability;
102-25 (4) is absent from more than one-fourth of the
103-1 regularly scheduled committee meetings that the member is eligible
103-2 to attend during a calendar year; or
103-3 (5) is absent from two consecutive committee meetings
103-4 for which the member received notice not less than 48 hours before
103-5 the time of the meeting.
103-6 (b) The validity of an action of the committee is not
103-7 affected by the fact that it is taken when a ground for removal of
103-8 a committee member exists.
103-9 (c) If a member of the committee has knowledge that a
103-10 potential ground for removal exists, the member shall notify a
103-11 presiding officer of the committee of the ground. The presiding
103-12 officer shall then notify the lieutenant governor that a potential
103-13 ground for removal exists.
103-14 Sec. 72.065. COMMITTEE POWERS AND DUTIES. (a) The
103-15 committee shall:
103-16 (1) adopt rules as necessary to perform the
103-17 committee's functions under this subchapter;
103-18 (2) monitor and review state agencies that provide
103-19 services to children and families;
103-20 (3) issue in coordination with the Health and Human
103-21 Services Commission a biennial report to the legislature about the
103-22 progress of state and local efforts under this chapter to realize
103-23 the purpose prescribed by Section 72.001 and about other matters
103-24 relating to the committee's functions under this subchapter and
103-25 shall deliver a copy of the report to the governor;
104-1 (4) monitor child and family service delivery reform
104-2 and the shift from the state to the community level of planning and
104-3 delivery of child and family services;
104-4 (5) identify and recommend solutions to the
104-5 legislature about statutory and administrative barriers to the
104-6 success of local commissions established under Subchapter C;
104-7 (6) project resource needs to meet the state's goals
104-8 for children as set out in Section 72.001; and
104-9 (7) advise the legislature about the design and
104-10 implementation of a system to maintain accountability to the public
104-11 and the legislature regarding services for children and families.
104-12 (b) The committee may accept gifts, grants, or donations of
104-13 money, other property, or services from any source to further the
104-14 purposes of this chapter.
104-15 Sec. 72.066. STAFF. The legislative members of the
104-16 committee shall provide staff as needed.
104-17 Sec. 72.067. FUNDS. All funds received by the committee
104-18 under this chapter are subject to Subchapter F, Chapter 404,
104-19 Government Code.
104-20 Sec. 72.068. AUDITS; ANNUAL REPORT. (a) The financial
104-21 transactions of the committee are subject to audit by the state
104-22 auditor in accordance with Chapter 321, Government Code.
104-23 (b) The committee shall prepare annually a complete and
104-24 detailed written report accounting for all funds received and
104-25 disbursed by the committee during the preceding fiscal year. The
105-1 annual report must meet the reporting requirements applicable to
105-2 financial reporting provided in the General Appropriations Act.
105-3 Sec. 72.069. CONSUMER INFORMATION AND COMPLAINTS. (a) The
105-4 committee shall prepare information of public interest describing
105-5 the functions of the committee and the procedures by which
105-6 complaints are filed with and resolved by the committee. The
105-7 committee shall make the information available to the public and
105-8 appropriate state agencies.
105-9 (b) The committee shall establish methods by which consumers
105-10 and service recipients are notified of the name, mailing address,
105-11 and telephone number of one committee member for the purpose of
105-12 directing complaints to the committee.
105-13 (c) The committee shall keep information about each
105-14 complaint filed with the committee. The information must include:
105-15 (1) the date the complaint is received;
105-16 (2) the name of the complainant;
105-17 (3) the subject matter of the complaint;
105-18 (4) a record of all persons contacted in relation to
105-19 the complaint;
105-20 (5) a summary of the results of the review or
105-21 investigation of the complaint; and
105-22 (6) for complaints for which the committee took no
105-23 action, an explanation of the reason the complaint investigation
105-24 was closed without action.
105-25 (d) The committee shall keep a file about each written
106-1 complaint filed with the committee that the committee has authority
106-2 to resolve. The committee shall provide to the person filing the
106-3 complaint and the persons or entities that are subjects of the
106-4 complaint the committee's policies and procedures pertaining to
106-5 complaint investigation and resolution. The committee, at least
106-6 quarterly and until final disposition of the complaint, shall
106-7 notify the person filing the complaint and the persons or entities
106-8 that are subjects of the complaint of the status of the complaint.
106-9 (e) The committee is subject to the open meetings law,
106-10 Chapter 551, Government Code.
106-11 (f) The committee shall develop and implement policies that
106-12 provide the public with a reasonable opportunity to appear before
106-13 the committee and to speak on any issue under the jurisdiction of
106-14 the committee.
106-15 Sec. 72.070. MEETINGS AND FACILITY ACCESSIBILITY. The
106-16 committee shall comply with federal and state laws related to
106-17 public meetings and facility accessibility. The executive director
106-18 shall prepare and maintain a written plan that describes how a
106-19 person who does not speak English can be provided reasonable access
106-20 to the committee's meetings and facilities.
106-21 Sec. 72.071. TRAINING; STANDARDS OF CONDUCT INFORMATION.
106-22 (a) Before a member of the committee may assume the member's
106-23 duties, the member must complete at least one course of the
106-24 training program established under this section.
106-25 (b) The training program required by Subsection (a) shall
107-1 provide information to the member regarding:
107-2 (1) the enabling legislation that created the
107-3 committee;
107-4 (2) the programs monitored by the committee;
107-5 (3) the role and functions of the committee;
107-6 (4) the current budget for the committee, if
107-7 applicable;
107-8 (5) the results of the most recent formal audit of the
107-9 committee;
107-10 (6) the requirements of the:
107-11 (A) open meetings law, Chapter 551, Government
107-12 Code;
107-13 (B) open records law, Chapter 552, Government
107-14 Code; and
107-15 (C) Chapter 2001, Government Code
107-16 (Administrative Procedure Act);
107-17 (7) the requirements of the conflict of interest laws
107-18 and other laws relating to public officials; and
107-19 (8) any applicable ethics policies adopted by the
107-20 Texas Ethics Commission.
107-21 (c) The presiding officer of the committee shall provide to
107-22 the committee's members, as often as necessary, information
107-23 regarding their qualifications for office under this subchapter and
107-24 their responsibilities under applicable laws relating to standards
107-25 of conduct for state officers.
108-1 (Sections 72.072 to 72.080 reserved for expansion
108-2 SUBCHAPTER G. MISCELLANEOUS PROVISIONS
108-3 Sec. 72.081. COLLABORATION AGREEMENTS. (a) State and local
108-4 agencies that serve children and families, including local
108-5 commissions established under Subchapter C, may enter into
108-6 collaboration agreements to accomplish the purpose prescribed by
108-7 Section 72.001.
108-8 (b) A collaboration agreement may involve education,
108-9 vocational rehabilitation, health, mental health, employment and
108-10 training, and child welfare services, social services, juvenile
108-11 justice services, and other services or programs designated by the
108-12 Health and Human Services Commission.
108-13 SECTION 7.02. (a) In making the initial appointments of
108-14 public members to the Texas Child and Family Legislative Oversight
108-15 Committee, the lieutenant governor and the speaker of the house of
108-16 representatives each shall designate one of their respective
108-17 appointees for a term expiring February 1, 1997, one for a term
108-18 expiring February 1, 1999, and one for a term expiring February 1,
108-19 2001.
108-20 (b) The training requirement imposed on members of the Texas
108-21 Child and Family Legislative Oversight Committee by Section 72.071,
108-22 Human Resources Code, as added by this article, does not apply to
108-23 the initial members of the commission. The initial members shall
108-24 complete the training within 90 days after the training course is
108-25 established.
109-1 SECTION 7.03. (a) In accordance with Section 72.022, Human
109-2 Resources Code, as added by this article, the commissioner of
109-3 health and human services, in collaboration with the agencies
109-4 listed in Subsection (a), Section 72.022, Human Resources Code, as
109-5 added by this article, shall coordinate the program services,
109-6 eligibility requirements, funding, enrollment periods, fees, and
109-7 administrative functions of the following programs by no later than
109-8 December 1, 1997:
109-9 (1) the child care programs of the Texas Department of
109-10 Human Services;
109-11 (2) the prekindergarten programs of the Central
109-12 Education Agency; and
109-13 (3) the federal Head Start programs.
109-14 (b) The commissioner of health and human services shall
109-15 report the results of this initiative to coordinate the delivery of
109-16 services to children and families to the legislature on or before
109-17 December 1, 1997.
109-18 SECTION 7.04. This article takes effect September 1, 1995.
109-19 ARTICLE VIII. CHILDREN'S RESOURCE DISTRICTS
109-20 SECTION 8.01. The Human Resources Code is amended by adding
109-21 Title 11 to read as follows:
109-22 TITLE 11. HUMAN SERVICES DISTRICTS
109-23 SUBTITLE A. DISTRICTS RELATING TO SERVICES FOR CHILDREN
109-24 CHAPTER 160. CHILDREN'S RESOURCE DISTRICTS
109-25 SUBCHAPTER A. GENERAL PROVISIONS
110-1 Sec. 160.001. DEFINITIONS. In this chapter:
110-2 (1) "Board" means the board of directors of a
110-3 district.
110-4 (2) "Director" means a member of the board.
110-5 (3) "District" means a children's resource district
110-6 created or to be created under this chapter.
110-7 Sec. 160.002. DISTRICT AUTHORIZATION. A children's resource
110-8 district may be created and, if created, must be maintained,
110-9 operated, and financed in the manner provided by Section 48-f,
110-10 Article III, Texas Constitution, and by this chapter.
110-11 (Sections 160.003 to 160.020 reserved for expansion
110-12 SUBCHAPTER B. CREATION OF DISTRICT
110-13 Sec. 160.021. PETITION FOR CREATION OF DISTRICT.
110-14 (a) Before a district that contains territory located in only one
110-15 county may be created, the county judge of that county must receive
110-16 a petition signed by at least 100 registered voters of the
110-17 territory of the proposed district.
110-18 (b) Before a district that contains territory located in
110-19 more than one county may be created, the county judge of each
110-20 county in which the proposed district will be located must receive
110-21 a petition signed by at least 100 registered voters of the
110-22 territory of the county in which the judge presides and of the
110-23 proposed district.
110-24 (c) If there are fewer than 100 registered voters in any
110-25 area for which a separate petition must be filed, the petition must
111-1 be signed by a majority of the registered voters in the area.
111-2 Sec. 160.022. CONTENTS OF PETITION. (a) The petition
111-3 prescribed by Section 160.021 must show:
111-4 (1) that the district is to be created and is to
111-5 operate under Section 48-f, Article III, Texas Constitution;
111-6 (2) the name of the proposed district;
111-7 (3) the district's boundaries as designated by metes
111-8 and bounds or other sufficient legal description;
111-9 (4) that none of the territory in the district is
111-10 included in another children's resource district;
111-11 (5) if there is not a local child and family
111-12 commission located within the proposed district boundaries, whether
111-13 the permanent directors will be appointed or elected and:
111-14 (A) if the directors are to be appointed, who
111-15 will appoint the directors and how the directors will be appointed;
111-16 or
111-17 (B) if the directors are to be elected, the
111-18 method by which the directors will be elected, whether at large,
111-19 from single-member subdistricts, or both, so that a specific number
111-20 of directors is elected from each subdistrict and a specific number
111-21 is elected at large;
111-22 (6) if there is not a local child and family
111-23 commission within the proposed district boundaries, the names of
111-24 the temporary directors the commissioners court must appoint under
111-25 Section 160.030 or a request that the commissioners court appoint
112-1 temporary directors, if the permanent directors are to be elected;
112-2 (7) the maximum tax rate to be voted on at the
112-3 creation election, which may not exceed 10 cents on each $100
112-4 valuation of all taxable property in the district; and
112-5 (8) the mailing address of each petitioner.
112-6 (b) If the directors are to be elected, the petition must
112-7 provide for the appointment of the same number of temporary
112-8 directors as there will be of permanent directors.
112-9 (c) The petition may provide the number of directors for the
112-10 district, which number must be an odd number.
112-11 Sec. 160.023. FILING OF PETITION; HEARING; ORDERING
112-12 ELECTION. (a) If the petition is in proper form, the county judge
112-13 shall receive the petition and shall file the petition with the
112-14 county clerk.
112-15 (b) At the next regular or special session of the
112-16 commissioners court held after the petition is filed with the
112-17 county clerk, the commissioners court shall set a place, date, and
112-18 time for a hearing to consider the petition.
112-19 (c) The county clerk shall issue a notice of the hearing in
112-20 accordance with Chapter 551, Government Code.
112-21 (d) At the time and place set for the hearing, the
112-22 commissioners court shall consider the petition. The commissioners
112-23 court shall grant the petition if the court finds that the petition
112-24 is in proper form and contains the information required by Section
112-25 160.022.
113-1 (e) If a petition is granted, the commissioners court shall
113-2 order an election to confirm the district's creation and to
113-3 authorize the levy of a tax not to exceed the amount prescribed by
113-4 the petition on each $100 valuation of all taxable property in the
113-5 district.
113-6 (f) If the petition indicates that the proposed district
113-7 will contain territory in more than one county, the commissioners
113-8 courts may not order an election until the commissioners court of
113-9 each county in which the district will be located has granted the
113-10 petition. The elections must be held on the same day.
113-11 (g) The election shall be held after the 45th day and on or
113-12 before the 60th day after the date the election is ordered.
113-13 (h) Section 41.001(a), Election Code, does not apply to an
113-14 election ordered under this section.
113-15 Sec. 160.024. ELECTION ORDER. The order calling the
113-16 election must state:
113-17 (1) the nature of the election, including the
113-18 proposition that is to appear on the ballot;
113-19 (2) the date of the election;
113-20 (3) the hours during which the polls will be open; and
113-21 (4) the locations of the polling places.
113-22 Sec. 160.025. NOTICE. (a) The commissioners court shall
113-23 give notice of the election by publishing a substantial copy of the
113-24 election order in a newspaper with general circulation in the
113-25 proposed district once a week for two consecutive weeks.
114-1 (b) The first publication must appear before the 35th day
114-2 before the date set for the election.
114-3 Sec. 160.026. BALLOT PROPOSITION. The ballot for the
114-4 election shall be printed to permit voting for or against the
114-5 proposition: "The creation of the ____________ (name of district)
114-6 Children's Resource District and the levy of annual taxes at a rate
114-7 not to exceed __________ (insert the amount prescribed by the
114-8 petition, not to exceed 10 cents) cents on each $100 valuation of
114-9 all taxable property in the district."
114-10 Sec. 160.027. ELECTION RESULT. (a) Except as provided by
114-11 Subsections (b) and (c), a district is created and organized under
114-12 this chapter if a majority of the votes cast in the election favor
114-13 creation of the district.
114-14 (b) If the proposed district contains territory in more than
114-15 one county, a majority of the votes cast in each county must favor
114-16 creation of the district.
114-17 (c) If a majority of the votes cast in a county within the
114-18 proposed district are against the creation of the district and a
114-19 majority of the votes cast in the remaining county or counties
114-20 favor creation of the district, the district may be created only in
114-21 the counties voting in favor of the proposed district.
114-22 (d) If the creation of the proposed district is defeated,
114-23 another election on the question of creating a district in the area
114-24 proposed for the defeated district may not be held before the first
114-25 anniversary of the most recent election concerning the creation of
115-1 the district.
115-2 Sec. 160.028. COMMISSIONERS COURT ORDER. When a district is
115-3 created, the commissioners court of each county in which the
115-4 district is located shall enter an order in its minutes that reads
115-5 substantially as follows:
115-6 "Whereas, at an election held on the ________ day of
115-7 __________ (month), ____ (year), in that part of __________ County,
115-8 State of Texas, described as (insert description unless the
115-9 district is countywide), there was submitted to the qualified
115-10 voters the question of whether that territory should be formed into
115-11 a children's resource district under state law; and
115-12 "Whereas, at the election _______ votes were cast in favor of
115-13 formation of the district and _______ votes were cast against
115-14 formation; and
115-15 "Whereas, the formation of the children's resource district
115-16 received the affirmative vote of the majority of the votes cast at
115-17 the election as provided by law;
115-18 "Now, therefore, the Commissioners Court of __________
115-19 County, State of Texas, finds and orders that the tract described
115-20 in this order has been duly and legally formed into a children's
115-21 resource district (or a part of a district) under the name of
115-22 __________, under Section 48-f, Article III, Texas Constitution,
115-23 and has the powers vested by law in the district."
115-24 Sec. 160.029. OVERLAPPING DISTRICTS. (a) If the territory
115-25 in one or more districts overlaps, the commissioners court of the
116-1 county in which the most recently created district is located by
116-2 order shall exclude the overlapping territory from that district.
116-3 (b) For purposes of this section, a district is created on
116-4 the date the election approving its creation is held. If the
116-5 elections approving the creation of two or more districts are held
116-6 on the same date, the most recently created district is the
116-7 district for which the hearing required by Section 160.023 was most
116-8 recently held.
116-9 (c) The fact that a district is created with boundaries that
116-10 overlap the boundaries of another district does not affect the
116-11 validity of either district.
116-12 Sec. 160.030. TEMPORARY DIRECTORS. (a) If a child and
116-13 family commission is located within the designated boundaries of
116-14 the district, the members of the child and family commission shall
116-15 serve as the board of directors of the district.
116-16 (b) If the permanent directors are to be elected, the
116-17 commissioners court shall appoint the temporary directors of the
116-18 district on the date the commissioners court enters the order
116-19 required by Section 160.028.
116-20 (c) If the petition prescribed by Section 160.021
116-21 specifically names temporary directors, the commissioners court
116-22 shall appoint those persons to serve as temporary directors of the
116-23 district. If the petition requests that the commissioners court
116-24 appoint the temporary directors, the court shall appoint the
116-25 appropriate number of persons to serve as temporary directors of
117-1 the district. If the petition fails to name or state the number of
117-2 temporary directors, the board is composed of five directors.
117-3 (d) If the district is located in more than one county, the
117-4 commissioners courts shall each appoint a percentage of temporary
117-5 directors equal to the ratio that the number of district residents
117-6 in the county bears to the total number of district residents.
117-7 (e) The temporary directors serve as directors of the
117-8 district from the time the district is created under Section
117-9 160.027 until a majority of the initial directors take office.
117-10 (f) The commissioners court shall fill a vacancy in the
117-11 office of temporary director by appointment.
117-12 (Sections 160.031 to 160.040 reserved for expansion
117-13 SUBCHAPTER C. DISTRICT ADMINISTRATION
117-14 Sec. 160.041. BOARD OF DIRECTORS. Unless a local child and
117-15 family commission is extant within the boundaries of the district,
117-16 the directors shall be appointed or elected in accordance with the
117-17 petition prescribed by Section 160.021.
117-18 Sec. 160.042. DIRECTORS' APPOINTMENT. (a) If the directors
117-19 are to be appointed, the initial directors shall be appointed on or
117-20 before the date a commissioners court enters the creation order
117-21 required by Section 160.028. If the petition fails to state the
117-22 number of directors, the board is composed of five directors.
117-23 (b) The initial directors shall draw lots to determine who
117-24 will serve four-year terms and who will serve two-year terms. The
117-25 number of directors computed by dividing the total number of
118-1 directors of the district by two and rounding to the next larger
118-2 whole number serve four-year terms and the remaining directors
118-3 serve two-year terms.
118-4 (c) Successor directors are appointed in the same manner as
118-5 the original appointment and serve four-year terms.
118-6 Sec. 160.043. INITIAL DIRECTORS' ELECTION. (a) If the
118-7 directors are to be elected, the initial directors shall be elected
118-8 at an election held on the next first Saturday in May of an
118-9 even-numbered year following the creation of the district.
118-10 (b) If the directors are to be elected at large, the
118-11 appropriate number of candidates who receive the highest number of
118-12 votes at the initial election of directors are directors for the
118-13 district.
118-14 (c) If the directors are to be elected only from
118-15 subdistricts, the candidate for a subdistrict who receives the
118-16 highest number of votes from that subdistrict is a director for
118-17 that subdistrict.
118-18 (d) If the directors are to be elected from subdistricts and
118-19 at large:
118-20 (1) the candidate for a subdistrict who receives the
118-21 highest number of votes from that subdistrict is a director for
118-22 that subdistrict; and
118-23 (2) the number of candidates equal to the number of
118-24 directors to be elected at large who receive the highest number of
118-25 votes from the district at large are directors for the district at
119-1 large.
119-2 (e) The initial directors shall draw lots to determine who
119-3 will serve four-year terms and who will serve two-year terms. The
119-4 number of directors computed by dividing the total number of
119-5 directors of the district by two and rounding to the next larger
119-6 whole number serve four-year terms and the remaining directors
119-7 serve two-year terms.
119-8 (f) An election shall be held on the first Saturday in May
119-9 in each even-numbered year to elect the appropriate number of
119-10 successor directors for four-year terms.
119-11 Sec. 160.044. ELECTION FROM SUBDISTRICTS. (a) If some or
119-12 all of the directors are to be elected from subdistricts, the
119-13 temporary directors shall establish the subdistricts from which the
119-14 directors are elected. The subdistricts must be contiguous and
119-15 substantially equal in population.
119-16 (b) One director shall be elected from each subdistrict.
119-17 (c) Except as provided by Section 160.043(e) and Subsection
119-18 (d), each director is elected for a four-year term.
119-19 (d) The board shall revise each subdistrict after the
119-20 publication of each federal decennial census to reflect population
119-21 changes. At the first election after the subdistricts are revised,
119-22 each director of the district shall be elected. The directors
119-23 shall draw lots to determine who will serve two-year terms and who
119-24 will serve four-year terms in accordance with Section 160.043(e).
119-25 Sec. 160.045. CHANGE FROM APPOINTING TO ELECTING DIRECTORS.
120-1 (a) If the directors are appointed, the board may, on its own
120-2 motion, order that the district change to a system of electing the
120-3 directors from subdistricts.
120-4 (b) The board shall order that the district change to a
120-5 system of electing the directors from subdistricts if:
120-6 (1) each appointing authority passes a resolution
120-7 calling for the election of the directors; or
120-8 (2) the board receives a petition signed by at least
120-9 30 percent of the registered voters of the district calling for the
120-10 election of the directors.
120-11 (c) If the district changes to a system of electing the
120-12 directors, the initial elected directors shall be elected at an
120-13 election held on the next first Saturday in May of an even-numbered
120-14 year following the date the order is made, the resolution is
120-15 passed, or the petition is received. The board by order may
120-16 postpone the election date until the first Saturday in May of the
120-17 first even-numbered year following the year in which the order is
120-18 made, the resolution is passed, or the petition is received if:
120-19 (1) the election will occur within 60 days after the
120-20 date the order is made, the resolution is passed, or the petition
120-21 is received; or
120-22 (2) the board determines that there is not sufficient
120-23 time to comply with the requirements of law and to order the
120-24 election.
120-25 (d) Each director shall be elected from a subdistrict in
121-1 accordance with the provisions of this subchapter relating to the
121-2 initial and subsequent election of directors from subdistricts.
121-3 Sec. 160.046. NOTICE OF ELECTION. Before the 35th day
121-4 before the date of an election of directors, notice of the election
121-5 shall be published one time in a newspaper with general circulation
121-6 in the district.
121-7 Sec. 160.047. APPLICATION. (a) A person who wishes to have
121-8 the person's name printed on the ballot as a candidate for director
121-9 must file an application with the secretary of the board.
121-10 (b) If directors are elected only from subdistricts, the
121-11 application must specify the subdistrict for which the applicant is
121-12 to be a candidate.
121-13 (c) If the directors are elected from subdistricts and at
121-14 large, the application must specify:
121-15 (1) the subdistrict the candidate wishes to represent;
121-16 or
121-17 (2) that the candidate wishes to represent the
121-18 district at large.
121-19 Sec. 160.048. QUALIFICATIONS FOR OFFICE. (a) To be
121-20 eligible to be a candidate for or to serve as an elected or
121-21 appointed director, a person must be:
121-22 (1) a resident of the district; and
121-23 (2) a qualified voter.
121-24 (b) In addition to the qualifications required by Subsection
121-25 (a), a person who is elected from a subdistrict or who is appointed
122-1 to fill a vacancy for a subdistrict must be a resident of that
122-2 subdistrict.
122-3 (c) An employee of a district may not serve as a director of
122-4 the district.
122-5 Sec. 160.049. DIRECTORS' BOND. (a) Before assuming the
122-6 duties of the office, a director must execute a bond for $5,000
122-7 payable to the district, conditioned on the faithful performance of
122-8 the person's duties as director.
122-9 (b) The bond shall be kept in the permanent records of the
122-10 district.
122-11 (c) The board may pay for directors' bonds with district
122-12 funds.
122-13 Sec. 160.050. BOARD VACANCY. (a) A vacancy in the office
122-14 of an elected director shall be filled for the unexpired term by
122-15 appointment by the remaining directors.
122-16 (b) A vacancy in the office of an appointed director shall
122-17 be filled for the unexpired term in the same manner as the original
122-18 appointment.
122-19 Sec. 160.051. OFFICERS. (a) The board shall elect from
122-20 among the directors a president and a vice-president.
122-21 (b) The board shall appoint a secretary who need not be a
122-22 director.
122-23 Sec. 160.052. OFFICERS' TERMS; VACANCY. (a) Each officer
122-24 of the board serves for a term of one year.
122-25 (b) The board shall fill a vacancy in a board office for the
123-1 unexpired term.
123-2 Sec. 160.053. COMPENSATION. (a) Directors and officers
123-3 serve without compensation but may be reimbursed for actual
123-4 expenses incurred in the performance of official duties.
123-5 (b) Expenses reimbursed under this section must be:
123-6 (1) reported in the district's minutes book or other
123-7 district records; and
123-8 (2) approved by the board.
123-9 Sec. 160.054. VOTING REQUIREMENT. A majority of the members
123-10 of the board voting must concur in a matter relating to the
123-11 business of the district.
123-12 Sec. 160.055. GENERAL MANAGER; PERSONNEL. (a) The board
123-13 shall employ a general manager for a term and salary set by the
123-14 board.
123-15 (b) The general manager is the chief executive officer of
123-16 the district. Under policies established by the board, the general
123-17 manager is responsible to the board for:
123-18 (1) administering the directives of the board;
123-19 (2) keeping the district's records, including minutes
123-20 of the board's meetings;
123-21 (3) coordinating with state, federal, and local
123-22 agencies;
123-23 (4) developing plans and programs for the board's
123-24 approval;
123-25 (5) hiring, supervising, training, and discharging
124-1 district employees;
124-2 (6) contracting for or retaining technical, legal,
124-3 fiscal, and other professional services; and
124-4 (7) performing any other duty assigned to the general
124-5 manager by the board.
124-6 (c) The board may discharge the general manager on a
124-7 majority vote of all of the voting directors.
124-8 Sec. 160.056. GENERAL MANAGER'S AND EMPLOYEES' BONDS.
124-9 (a) The general manager and each employee of the district charged
124-10 with the collection, custody, or payment of any money of the
124-11 district shall execute a fidelity bond. The board shall approve
124-12 the form, amount, and surety of the bond.
124-13 (b) The district shall pay the premiums on the employees'
124-14 bonds under this section.
124-15 Sec. 160.057. PRINCIPAL OFFICE. The district shall maintain
124-16 its principal office inside the district's boundaries.
124-17 Sec. 160.058. RECORDS. (a) The district shall keep
124-18 complete and accurate accounts of its business transactions in
124-19 accordance with generally accepted methods of accounting.
124-20 (b) The district shall keep complete and accurate minutes of
124-21 its meetings.
124-22 (c) The district shall maintain its accounts, contracts,
124-23 documents, minutes, and other records at its principal office.
124-24 Sec. 160.059. CONTRACTS. The board may enter into contracts
124-25 for administration or services as provided by this chapter and
125-1 shall execute those contracts in the name of the district.
125-2 Sec. 160.060. SUITS; PAYMENT OF JUDGMENTS. (a) The
125-3 district may, through its board, sue and be sued in any court of
125-4 this state in the name of the district. Service of process in a
125-5 suit may be made by serving the general manager or an officer of
125-6 the board.
125-7 (b) The courts of this state shall take judicial notice of
125-8 the creation of the district.
125-9 (c) A court of this state that renders a money judgment
125-10 against the district may require the board to pay the judgment from
125-11 money in the district depository that is not dedicated to the
125-12 payment of an indebtedness of the district.
125-13 Sec. 160.061. SEAL. The board shall adopt a seal for the
125-14 district and may alter the form of the seal from time to time.
125-15 (Sections 160.062 to 160.080 reserved for expansion
125-16 SUBCHAPTER D. POWERS AND DUTIES
125-17 Sec. 160.081. DUTIES. The district shall:
125-18 (1) provide, by contract or grant, funds for services
125-19 and activities for children;
125-20 (2) promote sound public policy regarding the problems
125-21 of children and the need for services and activities for children;
125-22 (3) promote and facilitate the identification,
125-23 development, coordination, and delivery of services and activities
125-24 for children;
125-25 (4) monitor and assess the effectiveness of programs
126-1 providing services or activities for children;
126-2 (5) recommend the role that each public and private
126-3 entity in the district should have in providing children's services
126-4 and activities;
126-5 (6) facilitate coordination of local services and
126-6 activities for children; and
126-7 (7) encourage cooperative, comprehensive, and
126-8 complementary planning among public, private, and volunteer
126-9 individuals and organizations engaged in providing services and
126-10 activities for children.
126-11 Sec. 160.082. LIMITATION ON POWERS. The district may not
126-12 directly provide services or activities for children.
126-13 Sec. 160.083. ANNUAL PLAN. (a) The district shall prepare
126-14 and approve an annual plan for expending funds for children's
126-15 services and activities.
126-16 (b) The plan must establish funding priorities for programs
126-17 and activities for children.
126-18 Sec. 160.084. GRANTS. (a) The district may award grants to
126-19 fund services and activities for children in the district.
126-20 (b) Any person, including a person who receives funds from
126-21 other governmental entities, may apply for a grant under this
126-22 section. The district may award grants that continue for one year.
126-23 The district may renew a grant.
126-24 (c) The district shall develop:
126-25 (1) eligibility criteria for applicants;
127-1 (2) grant application procedures;
127-2 (3) guidelines relating to grant amounts; and
127-3 (4) procedures for evaluating grant applications.
127-4 (d) The district may require a grant applicant to match a
127-5 grant in a ratio determined by the district. A person may not use
127-6 funds received from the district to meet a match requirement.
127-7 (e) The district shall develop criteria for disqualifying a
127-8 director from participating in a decision relating to an
127-9 application for a grant if the director is an employee, board
127-10 member, or officer of the applicant.
127-11 Sec. 160.085. FUNDING BY OTHER GOVERNMENTAL ENTITY. The
127-12 state or a political subdivision of the state may not reduce
127-13 funding for a program as a result of the program's receiving a
127-14 grant under this subchapter.
127-15 Sec. 160.086. GIFTS, GRANTS, LOANS, AND OTHER FUNDS. To
127-16 carry out any purpose or power under this chapter, the district may
127-17 apply for, accept, receive, or administer gifts, grants, loans, or
127-18 other funds available from any source.
127-19 Sec. 160.087. CONSULTATION, CONTRACTS, AND COOPERATION WITH
127-20 OTHER GOVERNMENTAL AGENCIES AND ENTITIES. To carry out any purpose
127-21 or power under this chapter, the district may advise, consult,
127-22 contract, or cooperate with the federal government or its agencies,
127-23 the state or its agencies, local governments, or private entities.
127-24 Sec. 160.088. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT,
127-25 AND SUPPLIES OVER $10,000. (a) If the estimated amount of a
128-1 proposed contract for the purchase of vehicles, equipment, or
128-2 supplies is more than $10,000, the board shall ask for competitive
128-3 bids as provided by Subchapter B, Chapter 271, Local Government
128-4 Code.
128-5 (b) This section does not apply to purchases of property
128-6 from public agencies or to contracts for personal or professional
128-7 services.
128-8 Sec. 160.089. METHODS AND PROCEDURES. The board may
128-9 prescribe:
128-10 (1) the method of making purchases and expenditures by
128-11 and for the district; and
128-12 (2) accounting and control procedures for the
128-13 district.
128-14 (Sections 160.090 to 160.100 reserved for expansion
128-15 SUBCHAPTER E. CHANGE IN BOUNDARIES OR
128-16 DISSOLUTION OF DISTRICT
128-17 Sec. 160.101. EXPANSION OF DISTRICT TERRITORY.
128-18 (a) Registered voters of a defined territory that is not included
128-19 in a district may file a petition with the secretary of the board
128-20 requesting the inclusion of the territory in the district. The
128-21 petition must be signed by at least 50 registered voters of the
128-22 territory or a majority of the registered voters of the territory,
128-23 whichever is less.
128-24 (b) The board by order shall set a time and place to hold a
128-25 hearing on the petition. The date for the hearing must be after
129-1 the 30th day after the date the board issues the order.
129-2 (c) If after the hearing the board finds that annexation of
129-3 the territory into the district is feasible and would benefit the
129-4 district, the board may approve the annexation by a resolution
129-5 entered in its minutes. The board is not required to include all
129-6 of the territory described by the petition if the board finds that
129-7 a change of the boundary of the territory is necessary or
129-8 desirable.
129-9 (d) Annexation of territory is final when approved both by a
129-10 majority of the voters at an election held in the district and by a
129-11 majority of the voters at a separate election held in the territory
129-12 to be annexed. If the district has outstanding debts or taxes, the
129-13 voters in the election to approve the annexation must also
129-14 determine whether the annexed territory will assume its proportion
129-15 of the debts or taxes if added to the district.
129-16 (e) The election ballots shall be printed to permit voting
129-17 for or against the following, as applicable:
129-18 (1) "Adding (description of territory to be added) to
129-19 the __________ Children's Resource District."
129-20 (2) "(Description of territory to be added) assuming
129-21 its proportionate share of the outstanding debts and taxes of the
129-22 __________ Children's Resource District, if it is added to the
129-23 district."
129-24 (f) The election shall be held after the 45th day and on or
129-25 before the 60th day after the date the election is ordered. The
130-1 election shall be ordered and notice of the election shall be given
130-2 in the same manner as provided by Sections 160.024 and 160.025 for
130-3 ordering and giving notice of an election authorizing creation of
130-4 the district. Section 41.001(a), Election Code, does not apply to
130-5 an election held under this section.
130-6 Sec. 160.102. DISSOLUTION. (a) A district may be dissolved
130-7 as provided by this section.
130-8 (b) The board may order an election on the question of
130-9 dissolving the district and disposing of the district's assets and
130-10 obligations. The board shall order an election if the board
130-11 receives a petition requesting an election that is signed by a
130-12 number of residents of the district equal to at least 15 percent of
130-13 the registered voters in the district.
130-14 (c) The election shall be held not later than the 60th day
130-15 after the date the election is ordered. Section 41.001(a),
130-16 Election Code, does not apply to an election ordered under this
130-17 section.
130-18 (d) The ballot for the election shall be printed to permit
130-19 voting for or against the proposition: "The dissolution of the
130-20 _________ Children's Resource District." The election shall be
130-21 held in accordance with the applicable provisions of the Election
130-22 Code.
130-23 (e) If a majority of the votes in the election do not favor
130-24 dissolution, the board shall continue to administer the district,
130-25 and another election on the question of dissolution may not be held
131-1 before the first anniversary of the most recent election to
131-2 dissolve the district.
131-3 Sec. 160.103. TRANSFER OF ASSETS AFTER DISSOLUTION. (a) If
131-4 a majority of the votes in an election under Section 160.102 favor
131-5 dissolution, the board shall find that the district is dissolved
131-6 and:
131-7 (1) transfer the land, buildings, improvements,
131-8 equipment, and other assets that belong to the district to a county
131-9 or another governmental entity in the district; or
131-10 (2) administer the property, assets, and debts in
131-11 accordance with Section 160.104.
131-12 (b) If the district transfers its property and other assets
131-13 under this section, the county or entity assumes all debts and
131-14 obligations of the district at the time of the transfer, and the
131-15 district is dissolved.
131-16 Sec. 160.104. ADMINISTRATION OF PROPERTY, ASSETS, AND DEBTS
131-17 AFTER DISSOLUTION. (a) If the district does not transfer its
131-18 property and other assets to a county or another governmental
131-19 entity in the district, the board shall continue to control and
131-20 administer the property, assets, and debts of the district until
131-21 all funds have been disposed of and all district debts have been
131-22 paid or settled.
131-23 (b) After the board finds that the district is dissolved,
131-24 the board shall:
131-25 (1) determine the debt owed by the district; and
132-1 (2) impose a tax on property that was included in the
132-2 district when the district was dissolved in an amount sufficient to
132-3 pay the debt when due.
132-4 (c) The board may institute a suit to enforce payment of
132-5 taxes and to foreclose liens to secure the payment of taxes due the
132-6 district.
132-7 Sec. 160.105. RETURN OF SURPLUS TAX MONEY. (a) When all
132-8 outstanding debts of the district are paid, the board shall order
132-9 the secretary to return the pro rata share of all unused tax money
132-10 to each district taxpayer.
132-11 (b) A taxpayer may request that the taxpayer's share of
132-12 surplus tax money be credited to the taxpayer's county taxes. The
132-13 board shall direct its secretary to transmit that amount to the
132-14 county tax assessor-collector.
132-15 Sec. 160.106. REPORT; DISSOLUTION ORDER. (a) After the
132-16 district has paid all debts and disposed of all assets as
132-17 prescribed by Sections 160.104 and 160.105, the board shall file
132-18 with the commissioners court of each county in which the district
132-19 is located a written report setting forth a summary of the board's
132-20 actions in dissolving the district.
132-21 (b) Not later than the 10th day after the date it receives
132-22 the report and determines that the requirements of this section
132-23 have been fulfilled, the commissioners court of each county shall
132-24 enter an order dissolving the district.
132-25 (Sections 160.107 to 160.120 reserved for expansion
133-1 SUBCHAPTER F. DISTRICT FINANCES
133-2 Sec. 160.121. FISCAL YEAR. (a) The district operates on
133-3 the fiscal year established by the board.
133-4 (b) The fiscal year may not be changed if revenue bonds of
133-5 the district are outstanding or more than once in a 24-month
133-6 period.
133-7 Sec. 160.122. ANNUAL AUDIT. The board annually shall have
133-8 an audit made of the financial condition of the district.
133-9 Sec. 160.123. AUDIT AND RECORDS. The annual audit and other
133-10 district records are open to inspection during regular business
133-11 hours at the principal office of the district.
133-12 Sec. 160.124. ANNUAL BUDGET. (a) The general manager of
133-13 the district shall prepare a proposed annual budget for the
133-14 district.
133-15 (b) The proposed budget must contain a complete financial
133-16 statement, including a statement of:
133-17 (1) the outstanding obligations of the district;
133-18 (2) the amount of cash on hand to the credit of each
133-19 fund of the district;
133-20 (3) the amount of money received by the district from
133-21 all sources during the previous year;
133-22 (4) the amount of money available to the district from
133-23 all sources during the ensuing year;
133-24 (5) the amount of the balances expected at the end of
133-25 the year in which the budget is being prepared;
134-1 (6) the estimated amount of revenue and balances
134-2 available to cover the proposed budget; and
134-3 (7) the estimated tax rate that will be required.
134-4 Sec. 160.125. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The
134-5 board shall hold a public hearing on the proposed annual budget.
134-6 (b) The board shall publish notice of the hearing in a
134-7 newspaper of general circulation in the district not later than the
134-8 10th day before the date of the hearing.
134-9 (c) Any resident of the district is entitled to be present
134-10 at and participate in the hearing.
134-11 (d) At the conclusion of the hearing, the board shall adopt
134-12 a budget by acting on the budget proposed by the general manager.
134-13 The board may make any changes in the proposed budget that in its
134-14 judgment the interests of the taxpayers demand.
134-15 (e) The budget is effective only after adoption by the
134-16 board.
134-17 Sec. 160.126. AMENDING BUDGET. After adoption, the annual
134-18 budget may be amended on the board's approval.
134-19 Sec. 160.127. LIMITATION OF EXPENDITURES. Money may not be
134-20 spent for an expense not included in the annual budget or an
134-21 amendment to it.
134-22 Sec. 160.128. SWORN STATEMENT. As soon as practicable after
134-23 the close of the fiscal year, the general manager shall prepare for
134-24 the board a sworn statement of the amount of money that belongs to
134-25 the district and an account of the disbursements of that money.
135-1 Sec. 160.129. SPENDING AND INVESTMENT LIMITATIONS. (a) The
135-2 district may not incur a debt payable from revenue of the district
135-3 other than the revenue on hand or to be on hand in the current and
135-4 immediately following fiscal years of the district.
135-5 (b) The board may invest operating reserves only in funds or
135-6 securities specified by Article 836 or 837, Revised Statutes.
135-7 Sec. 160.130. DEPOSITORY. (a) The board shall name at
135-8 least one bank to serve as depository for district funds.
135-9 (b) The district shall deposit with the depository funds,
135-10 other than those invested as provided by Section 160.129(b) and
135-11 those transmitted to a bank of payment for obligations issued or
135-12 assumed by the district, as they are received and shall keep the
135-13 funds on deposit. This subsection does not limit the power of the
135-14 board to place a portion of district funds on time deposit or to
135-15 purchase certificates of deposit.
135-16 (c) Before the district deposits funds in a bank in an
135-17 amount that exceeds the maximum amount secured by the Federal
135-18 Deposit Insurance Corporation, the bank must execute a bond or
135-19 other security in an amount sufficient to secure from loss the
135-20 district funds that exceed the amount secured by the Federal
135-21 Deposit Insurance Corporation.
135-22 (Sections 160.131 to 160.140 reserved for expansion
135-23 SUBCHAPTER G. TAXES
135-24 Sec. 160.141. LEVY OF TAXES. (a) The board annually may
135-25 impose property taxes in an amount not to exceed the limit approved
136-1 by the voters at the election authorizing the levy of taxes.
136-2 (b) The tax rate for all purposes may not exceed 10 cents on
136-3 each $100 valuation of all taxable property in the district.
136-4 (c) The taxes may be used to pay:
136-5 (1) the indebtedness issued or assumed by the
136-6 district; and
136-7 (2) the maintenance and operating expenses of the
136-8 district.
136-9 Sec. 160.142. BOARD AUTHORITY. The board may impose taxes
136-10 for the entire year in which the district is created.
136-11 Sec. 160.143. ADOPTING TAX RATE. In adopting the tax rate,
136-12 the board shall consider the income of the district from sources
136-13 other than taxation.
136-14 Sec. 160.144. TAX ASSESSMENT AND COLLECTION. (a) The Tax
136-15 Code governs the appraisal, assessment, and collection of district
136-16 taxes.
136-17 (b) The board may provide for the appointment of a tax
136-18 assessor-collector for the district or may contract for the
136-19 assessment and collection of taxes as provided by the Tax Code.
136-20 SECTION 8.02. This article takes effect on the date the
136-21 constitutional amendment proposed by the 74th Legislature, Regular
136-22 Session, 1995, relating to the creation, operation, and financing
136-23 of children's resource districts takes effect. If that amendment
136-24 is not approved by the voters, this article has no effect.
136-25 ARTICLE IX. REPORTS OF CHILDHOOD LEAD POISONING
137-1 SECTION 9.01. Subtitle D, Title 2, Health and Safety Code,
137-2 is amended by adding Chapter 88 to read as follows:
137-3 CHAPTER 88. REPORTS OF CHILDHOOD LEAD POISONING
137-4 Sec. 88.001. DEFINITIONS. In this chapter:
137-5 (1) "Child care" includes a school, preschool,
137-6 kindergarten, nursery school, or other similar activity that
137-7 provides care or instruction for young children.
137-8 (2) "Child care facility" means a public place or a
137-9 residence in which a person furnishes child care.
137-10 (3) "Health authority" means a physician appointed as
137-11 such under Chapter 121.
137-12 (4) "Health professional" means an individual whose:
137-13 (A) vocation or profession is directly or
137-14 indirectly related to the maintenance of health in another
137-15 individual; and
137-16 (B) duties require a specified amount of formal
137-17 education and may require a special examination, certificate or
137-18 license, or membership in a regional or national association.
137-19 (5) "Lead" includes metallic lead and lead-containing
137-20 materials.
137-21 (6) "Lead poisoning" means the presence of blood lead
137-22 concentrations known to be associated with mental and physical
137-23 disorders due to absorption, ingestion, or inhalation of lead as
137-24 specified in the most recent criteria issued by the United States
137-25 Department of Health and Human Services, United States Public
138-1 Health Service, Centers for Disease Control of the United States
138-2 Public Health Service, or other national public health organization
138-3 specified by board rule.
138-4 (7) "Local health department" means a department
138-5 created under Chapter 121.
138-6 (8) "Physician" means a person licensed to practice
138-7 medicine by the Texas State Board of Medical Examiners.
138-8 (9) "Public health district" means a district created
138-9 under Chapter 121.
138-10 (10) "Public place" means all or any portion of an
138-11 area, building or other structure, or conveyance that is not used
138-12 for private residential purposes, regardless of ownership.
138-13 (11) "Regional director" means a physician appointed
138-14 by the board as the chief administrative officer of a public health
138-15 region under Chapter 121.
138-16 Sec. 88.002. CONFIDENTIALITY. (a) Except as specifically
138-17 authorized by this chapter, reports, records, and information
138-18 furnished to a health authority, a regional director, or the
138-19 department that relate to cases or suspected cases of childhood
138-20 lead poisoning are confidential and may be used only for the
138-21 purposes of this chapter.
138-22 (b) Reports, records, and information relating to cases or
138-23 suspected cases of childhood lead poisoning are not public
138-24 information under the open records law, Chapter 552, Government
138-25 Code, and may not be released or made public on subpoena or
139-1 otherwise except as provided by this chapter.
139-2 (c) Medical, epidemiologic, or toxicologic information may
139-3 be released:
139-4 (1) for statistical purposes if released in a manner
139-5 that prevents the identification of any person;
139-6 (2) with the consent of each person identified in the
139-7 information;
139-8 (3) to medical personnel, appropriate state agencies,
139-9 health authorities, regional directors, and public officers of
139-10 counties and municipalities as necessary to comply with this
139-11 chapter and related rules;
139-12 (4) to appropriate federal agencies, such as the
139-13 Centers for Disease Control of the United States Public Health
139-14 Service, except that the information must be limited to the
139-15 information requested by the agency; or
139-16 (5) to medical personnel to the extent necessary in a
139-17 medical emergency to protect the health or life of the child
139-18 identified in the information.
139-19 (d) The commissioner, a regional director or other
139-20 department employee, a health authority or employee of a public
139-21 health district, a health authority or employee of a county or
139-22 municipal health department, or a public official of a county or
139-23 municipality may not be examined in a civil, criminal, special, or
139-24 other proceeding as to the existence or contents of pertinent
139-25 records of or reports or information about a child identified,
140-1 examined, or treated for lead poisoning by the department, a public
140-2 health district, a local health department, or a health authority
140-3 without the consent of the child's parents, managing conservator,
140-4 guardian, or other person authorized by law to give consent.
140-5 Sec. 88.003. REPORTABLE HEALTH CONDITIONS. (a) Early
140-6 childhood lead poisoning is a reportable health condition.
140-7 (b) The board by rule may designate:
140-8 (1) blood lead concentrations in children that must be
140-9 reported; and
140-10 (2) the ages of children for whom the reporting
140-11 requirements apply.
140-12 (c) The board may adopt rules that establish a registry of
140-13 children with lead poisoning.
140-14 Sec. 88.004. PERSONS REQUIRED TO REPORT. (a) A person
140-15 required to report early childhood lead poisoning shall report to
140-16 the department in the manner specified by board rule. Except as
140-17 provided by this section, a person required by this section to
140-18 report must make the report immediately after the person gains
140-19 knowledge of the case or suspected case of childhood lead
140-20 poisoning.
140-21 (b) A physician shall report a case or suspected case of
140-22 childhood lead poisoning after the physician's first examination of
140-23 a child for whom reporting is required by board rule.
140-24 (c) A person in charge of an independent clinical
140-25 laboratory, a hospital or clinic laboratory, or other facility in
141-1 which a laboratory examination of a specimen derived from the human
141-2 body yields evidence of childhood lead poisoning shall report the
141-3 findings to the department as required by board rule.
141-4 (d) If a report is not made as required by Subsection (b) or
141-5 (c), the following persons shall report a case or suspected case of
141-6 childhood lead poisoning and all information known concerning the
141-7 child:
141-8 (1) the administrator of a hospital licensed under
141-9 Chapter 241;
141-10 (2) a professional registered nurse;
141-11 (3) an administrator or director of a public or
141-12 private child care facility;
141-13 (4) an administrator of a home health agency;
141-14 (5) an administrator or health official of a public or
141-15 private institution of higher education;
141-16 (6) a superintendent, manager, or health official of a
141-17 public or private camp, home, or institution;
141-18 (7) a parent, managing conservator, guardian, or
141-19 residence owner; and
141-20 (8) a health professional.
141-21 Sec. 88.005. REPORTING PROCEDURES. (a) The board shall
141-22 prescribe the form and method of reporting under this chapter,
141-23 including a report in writing, by telephone, or by electronic data
141-24 transmission.
141-25 (b) Board rules may require the reports to contain any
142-1 information relating to a case that is necessary for the purposes
142-2 of this chapter, including:
142-3 (1) the child's name, address, age, sex, and race;
142-4 (2) the child's blood lead concentration;
142-5 (3) the procedure used to determine the child's blood
142-6 lead concentration; and
142-7 (4) the name of the attending physician.
142-8 (c) The commissioner may authorize an alternate routing of
142-9 information in particular cases if the commissioner determines that
142-10 the customary reporting procedure would cause the information to be
142-11 unduly delayed.
142-12 Sec. 88.006. REPORTS OF HOSPITALIZATION; DEATH. (a) A
142-13 physician who attends a child during the child's hospitalization
142-14 shall immediately notify the department if the physician knows or
142-15 suspects that the child has lead poisoning and the physician
142-16 believes the lead poisoning resulted from the child's exposure to a
142-17 dangerous level of environmental lead that may be a threat to the
142-18 public health.
142-19 (b) A physician who attends a child during the child's last
142-20 illness shall immediately notify the department if the physician:
142-21 (1) knows or suspects that the child died of lead
142-22 poisoning; and
142-23 (2) believes the lead poisoning resulted from the
142-24 child's exposure to a dangerous level of environmental lead that
142-25 may be a threat to the public health.
143-1 (c) An attending physician, health authority, or regional
143-2 director, with the consent of the child's survivors, may request an
143-3 autopsy if the physician, health authority, or regional director
143-4 needs further information concerning the cause of death in order to
143-5 protect the public health. The health authority or regional
143-6 director may order the autopsy to determine the cause of death if
143-7 the child's survivors do not consent to the autopsy. The autopsy
143-8 results shall be reported to the department.
143-9 (d) A justice of the peace acting as coroner or a medical
143-10 examiner in the course of an inquest under Chapter 49, Code of
143-11 Criminal Procedure, who finds that a child's cause of death was
143-12 lead poisoning that resulted from exposure to a dangerous level of
143-13 environmental lead that the justice of the peace or medical
143-14 examiner believes may be a threat to the public health shall
143-15 immediately notify the health authority or the regional director in
143-16 the jurisdiction in which the finding is made.
143-17 SECTION 9.02. This article takes effect January 1, 1996.
143-18 ARTICLE X. JUVENILE CURFEW
143-19 SECTION 10.01. Subchapter Z, Chapter 341, Local Government
143-20 Code, is amended by adding Section 341.904 to read as follows:
143-21 Sec. 341.904. JUVENILE CURFEW ORDINANCE IN GENERAL-LAW
143-22 MUNICIPALITY. (a) The governing body of a general-law
143-23 municipality may adopt a curfew ordinance to regulate the movements
143-24 or actions of persons under 17 years of age, not inconsistent with
143-25 state law, that is for the good government, peace, public safety,
144-1 or order of the municipality.
144-2 (b) This authority includes the authority to:
144-3 (1) establish the hours of the curfew, including
144-4 different hours for different days of the week;
144-5 (2) apply different curfew hours to different age
144-6 groups of juveniles;
144-7 (3) describe the kinds of conduct subject to the
144-8 curfew;
144-9 (4) determine the locations to which the curfew
144-10 applies;
144-11 (5) determine which persons incur liability if a
144-12 violation of the curfew occurs;
144-13 (6) prescribe procedures a police officer or other
144-14 person must follow in enforcing the curfew; and
144-15 (7) establish exemptions from the curfew.
144-16 (c) A person commits an offense if the person violates a
144-17 restriction or prohibition imposed by an order adopted under this
144-18 section. An offense under this subsection is a Class C
144-19 misdemeanor.
144-20 SECTION 10.02. Subchapter Z, Chapter 351, Local Government
144-21 Code, is amended by adding Section 351.903 to read as follows:
144-22 Sec. 351.903. JUVENILE CURFEW ORDER. (a) The commissioners
144-23 court of a county by order may adopt a curfew applying to the
144-24 unincorporated area of the county to regulate the movements or
144-25 actions of persons under 17 years of age, not inconsistent with
145-1 state law, that is for the good government, peace, public safety,
145-2 or order of the county.
145-3 (b) This authority includes the authority to:
145-4 (1) establish the hours of the curfew, including
145-5 different hours for different days of the week;
145-6 (2) apply different curfew hours to different age
145-7 groups of juveniles;
145-8 (3) describe the kinds of conduct subject to the
145-9 curfew;
145-10 (4) determine the locations to which the curfew
145-11 applies;
145-12 (5) determine which persons incur liability if a
145-13 violation of the curfew occurs;
145-14 (6) prescribe procedures a police officer or other
145-15 person must follow in enforcing the curfew; and
145-16 (7) establish exemptions from the curfew.
145-17 (c) A person commits an offense if the person violates a
145-18 restriction or prohibition imposed by an order adopted under this
145-19 section. An offense under this subsection is a Class C
145-20 misdemeanor.
145-21 SECTION 10.03. This article takes effect immediately.
145-22 ARTICLE XI. SALE OF TOBACCO PRODUCTS
145-23 SECTION 11.01. Subsection (b), Section 154.111, Tax Code, is
145-24 amended to read as follows:
145-25 (b) An application for a permit required by this chapter
146-1 must be accompanied by a fee of:
146-2 (1) $100 for a bonded agent's permit;
146-3 (2) $100 for a distributor's permit;
146-4 (3) $50 for a wholesaler's permit; <and>
146-5 (4) $50 for a retailer's permit; and
146-6 (5) $15 for each permit for a vehicle if the applicant
146-7 is also applying for a permit as a bonded agent, distributor, or
146-8 wholesaler or has received a current permit from the treasurer
146-9 under Sections 154.101 and 154.110.
146-10 SECTION 11.02. Section 154.114, Tax Code, is amended by
146-11 adding Subsection (h) to read as follows:
146-12 (h) The treasurer may suspend or revoke a retailer's permit
146-13 if the treasurer finds, after notice and hearing as provided by
146-14 this section, that the retailer has been adjudged guilty of an
146-15 offense under Section 161.081(d), Health and Safety Code, on four
146-16 or more occasions within a five-year period.
146-17 SECTION 11.03. Section 154.121, Tax Code, is amended to read
146-18 as follows:
146-19 Sec. 154.121. REVENUE. (a) Revenue from the sale of
146-20 permits to distributors, wholesalers, and bonded agents is
146-21 allocated in the same manner as other revenue allocated by
146-22 Subchapter J.
146-23 (b) Revenue from the sale of permits to retailers shall be
146-24 deposited in the state treasury to the credit of the account
146-25 created by Section 161.084, Health and Safety Code.
147-1 SECTION 11.04. Subsection (b), Section 155.049, Tax Code, is
147-2 amended to read as follows:
147-3 (b) An application for a permit required by this chapter
147-4 must be accompanied by a fee of:
147-5 (1) $100 for a bonded agent's permit;
147-6 (2) $100 for a distributor's permit;
147-7 (3) $50 for a wholesaler's permit; <and>
147-8 (4) $50 for a retailer's permit; and
147-9 (5) $15 for each permit for a vehicle if the applicant
147-10 is also applying for a permit as a bonded agent, distributor, or
147-11 wholesaler or has received a current permit from the treasurer
147-12 under Sections 155.041 and 155.048.
147-13 SECTION 11.05. Section 155.058, Tax Code, is amended to read
147-14 as follows:
147-15 Sec. 155.058. REVENUE. (a) Revenue from the sale of
147-16 permits to distributors, wholesalers, and bonded agents is
147-17 allocated in the same manner that other revenue is allocated by
147-18 Subchapter H.
147-19 (b) Revenue from the sale of permits to retailers shall be
147-20 deposited in the state treasury to the credit of the account
147-21 created by Section 161.084, Health and Safety Code.
147-22 SECTION 11.06. Section 155.059, Tax Code, is amended by
147-23 adding Subsection (h) to read as follows:
147-24 (h) The treasurer may suspend or revoke a retailer's permit
147-25 if the treasurer finds, after notice and hearing as provided by
148-1 this section, that the retailer has been adjudged guilty of an
148-2 offense under Section 161.081(d), Health and Safety Code, on four
148-3 or more occasions within a five-year period.
148-4 SECTION 11.07. Section 161.081, Health and Safety Code, is
148-5 amended by amending Subsection (b) and adding Subsections (d) and
148-6 (e) to read as follows:
148-7 (b) An offense under Subsection (a) <this section> is a
148-8 Class C misdemeanor.
148-9 (d) Criminal liability for a violation of this section
148-10 extends, in the manner authorized by Section 7.22, Penal Code, to a
148-11 corporation or association that employs a person who commits an
148-12 offense under Subsection (a).
148-13 (e) A court may sentence a corporation or association that
148-14 is adjudged guilty of an offense under Subsection (d) to pay a fine
148-15 of:
148-16 (1) $200 for the first offense;
148-17 (2) $600 for an offense if, within a five-year period
148-18 preceding the offense, one other offense under this section was
148-19 committed;
148-20 (3) $1,200 for an offense if, within a five-year
148-21 period preceding the offense, two other offenses under this section
148-22 were committed; or
148-23 (4) $4,000 for an offense if, within a five-year
148-24 period preceding the offense, three or more offenses under this
148-25 section were committed.
149-1 SECTION 11.08. Subchapter H, Chapter 161, Health and Safety
149-2 Code, is amended by adding Sections 161.083 and 161.084 to read as
149-3 follows:
149-4 Sec. 161.083. LOCATION OF VENDING MACHINES CONTAINING
149-5 CIGARETTES OR OTHER TOBACCO PRODUCTS. (a) Except as provided by
149-6 Subsection (b), a person may not install or maintain a vending
149-7 machine containing cigarettes or other tobacco products in a place
149-8 that is generally accessible to the public or to persons younger
149-9 than 18 years of age, regardless of whether it is accessible to the
149-10 public.
149-11 (b) Subsection (a) does not apply to:
149-12 (1) a bar, lounge, or similar place where a person
149-13 younger than 18 years of age may not enter unless accompanied by a
149-14 parent or guardian;
149-15 (2) a private business office that is not open to
149-16 persons younger than 18 years of age;
149-17 (3) an industrial or manufacturing plant; or
149-18 (4) an installation or facility of the state military
149-19 forces.
149-20 (c) This section does not preempt a local regulation of the
149-21 installation or maintenance of a vending machine containing
149-22 cigarettes or other tobacco products or affect the authority of a
149-23 political subdivision to adopt or enforce an ordinance or
149-24 requirement relating to the installation or maintenance of a
149-25 vending machine containing cigarettes or other tobacco products if
150-1 the regulation, ordinance, or requirement is compatible with and
150-2 equal to or more stringent than this section.
150-3 (d) A person commits an offense if the person violates
150-4 Subsection (a). An offense under this subsection is a Class C
150-5 misdemeanor.
150-6 Sec. 161.084. COORDINATION OF LOCAL ENFORCEMENT BY TEXAS
150-7 D.A.R.E. INSTITUTE; SPECIAL ACCOUNT. (a) The Texas D.A.R.E.
150-8 Institute is responsible for coordinating local enforcement of this
150-9 subchapter to prohibit the sale of tobacco products to minors.
150-10 (b) The Texas Department of Health, the Texas Commission on
150-11 Alcohol and Drug Abuse, and the Texas D.A.R.E. Institute shall
150-12 enter into a memorandum of understanding to coordinate enforcement
150-13 and prevention strategies concerning minors' access to tobacco
150-14 products, including the sharing of information relating to retail
150-15 and vendor compliance with this subchapter.
150-16 (c) An account is created in the state treasury for the
150-17 deposit of revenue under Sections 154.121(b) and 155.058(b), Tax
150-18 Code. Money from the account may be appropriated only to the Texas
150-19 Commission on Alcohol and Drug Abuse for the Texas D.A.R.E.
150-20 Institute for the institute's programs relating to:
150-21 (1) coordination of the enforcement of state law
150-22 prohibiting the sale of tobacco products to minors; and
150-23 (2) education and awareness concerning the use of
150-24 drugs, alcohol, and tobacco.
150-25 (d) In this section, "Texas D.A.R.E. Institute" means the
151-1 Texas Drug Abuse Resistance Education Institute that is a grant
151-2 program of Southwest Texas State University.
151-3 SECTION 11.09. (a) Except as provided by Subsection (b) of
151-4 this section, this article takes effect September 1, 1995.
151-5 (b) Sections 11.01 and 11.04 of this article take effect
151-6 May 1, 1996, and apply only to a retailer's permit that expires on
151-7 or after May 31, 1996.
151-8 (c) The memorandum of understanding required by Subsection
151-9 (b), Section 161.084, Health and Safety Code, as added by Section
151-10 11.08 of this article, must be completed on or before January 1,
151-11 1996.
151-12 ARTICLE XII. PROGRAMS TO IMPROVE CHILDREN'S
151-13 HEALTH AND WELFARE
151-14 SECTION 12.01. (a) Chapter 32, Health and Safety Code, is
151-15 amended by adding Section 32.022 to read as follows:
151-16 Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM.
151-17 (a) The department shall establish a program to promote public
151-18 awareness of the importance of prenatal care.
151-19 (b) The public awareness program shall:
151-20 (1) focus on the benefits of early and ongoing
151-21 prenatal care, including the reduction of low birth weights and
151-22 infant mortality; and
151-23 (2) target low-income areas of the state.
151-24 (c) To conduct the public awareness program required by this
151-25 section, the department shall utilize, among other resources, the
152-1 network of local coalitions developed by the department to promote
152-2 its immunization public awareness program.
152-3 (b) The Texas Department of Health shall establish the
152-4 prenatal care public awareness program required by Section 32.022,
152-5 Health and Safety Code, as added by this section, not later than
152-6 January 1, 1996.
152-7 SECTION 12.02. DENTAL SERVICES FOR CHILDREN. (a) The Texas
152-8 Department of Health shall develop a plan to increase accessibility
152-9 of dental services for children that targets children who are
152-10 eligible for but are not receiving medical assistance. In
152-11 developing the plan, the department shall:
152-12 (1) explore the extent of services needed to reach all
152-13 eligible children;
152-14 (2) determine the most appropriate age to target
152-15 children for preventive services;
152-16 (3) determine how to better use preventive care;
152-17 (4) examine the expansion of school-based services for
152-18 early diagnostic screening;
152-19 (5) consider the need for dental equipment, including
152-20 mobile units, portable equipment, and computer equipment;
152-21 (6) consider involving private practitioners by
152-22 exploring the following possibilities:
152-23 (A) increasing compensation for services;
152-24 (B) forgiving school loans for participating
152-25 dentists;
153-1 (C) requiring 40 hours a year of mandatory
153-2 services for children in the early and periodic screening,
153-3 diagnosis, and treatment program or for other children eligible for
153-4 state services; and
153-5 (D) creating a formal structure to bring
153-6 dentists into schools;
153-7 (7) investigate alternative methods to educate parents
153-8 about the causes and prevention of baby bottle tooth decay; and
153-9 (8) consider requiring fluoridation of all major water
153-10 supplies.
153-11 (b) Using existing departmental resources, the department
153-12 shall prepare the plan required by this section and the projected
153-13 budget for that plan not later than September 1, 1996. The Texas
153-14 Board of Health may appoint a special task force to help the
153-15 department in preparing this plan. The department shall present
153-16 the plan and budget to the 75th Legislature, 1997, not later than
153-17 February 1, 1997.
153-18 SECTION 12.03. INTERAGENCY WORK GROUP ON TRAINING AND
153-19 CERTIFICATION OF EARLY CHILDHOOD EDUCATION WORKERS. (a) Not later
153-20 than September 1, 1995, the administrative heads of the Central
153-21 Education Agency, Texas Higher Education Coordinating Board, Health
153-22 and Human Services Commission, Texas Department of Health, Texas
153-23 Department of Human Services, Department of Protective and
153-24 Regulatory Services, Interagency Council on Early Childhood
153-25 Intervention Services, and Texas Head Start Collaboration Project
154-1 shall each designate a representative to an interagency work group
154-2 on training and certification of early childhood education workers.
154-3 (b) The interagency work group shall study:
154-4 (1) the quality of training programs for early
154-5 childhood education workers; and
154-6 (2) the need for, design of, and potential funding
154-7 sources for a statewide professional training and certification
154-8 program for those workers.
154-9 (c) The interagency work group shall complete the study and
154-10 report its findings to the legislature not later than March 1,
154-11 1997.
154-12 (d) This section expires June 1, 1997.
154-13 SECTION 12.04. SERVICE FOR CHILDREN WHO REQUIRE RESIDENTIAL
154-14 TREATMENT. (a) The Texas Department of Mental Health and Mental
154-15 Retardation shall develop a plan for providing services to children
154-16 with severe mental or emotional disorders who require residential
154-17 treatment. The plan must provide:
154-18 (1) that residential treatment and related services
154-19 for children be provided regionally;
154-20 (2) for a child who has a functional family to remain
154-21 in parental custody while receiving treatment or related services;
154-22 (3) for coordination of state mental health facilities
154-23 and community service providers;
154-24 (4) specific legislative recommendations for statutory
154-25 authority to pool funds used by various state agencies to provide
155-1 residential treatment and related services to children;
155-2 (5) to the extent practicable, that funds available
155-3 under Title IV-E, federal Social Security Act (42 U.S.C. Section
155-4 670 et seq.) pay for services for those children who are
155-5 Medicaid-eligible and in need of residential treatment; and
155-6 (6) that third-party payor financial resources are
155-7 exhausted before state money is used.
155-8 (b) In developing the plan, the Texas Department of Mental
155-9 Health and Mental Retardation shall consider whether to include in
155-10 the plan provisions:
155-11 (1) to establish and employ indicators to identify
155-12 children with mental or emotional disorders who would be better
155-13 served outside of the home;
155-14 (2) to use community mental health centers or
155-15 community resources to review children's cases individually;
155-16 (3) to create therapeutic group homes in communities;
155-17 and
155-18 (4) for payment of services on a sliding scale.
155-19 (c)(1) The Texas Department of Mental Health and Mental
155-20 Retardation shall complete the plan, together with an estimated
155-21 budget and recommendations for statutory changes necessary or
155-22 convenient to implement the plan, not later than January 15, 1997.
155-23 (2) On completion, the department shall submit the
155-24 plan to the governor and the legislature.
155-25 SECTION 12.05. PILOT PROJECT. (a) The Health and Human
156-1 Services Commission shall establish a pilot project to determine
156-2 the effectiveness of using investment budgeting to measure the cost
156-3 effectiveness of certain children's prevention services.
156-4 (b) As part of the investment budgeting process, the
156-5 commission shall:
156-6 (1) establish clear visions and goals and measurable
156-7 outcomes that clarify those visions and goals;
156-8 (2) establish and estimate the value of the outcomes
156-9 the commission wants to achieve;
156-10 (3) estimate the unit cost of achieving those
156-11 outcomes; and
156-12 (4) compute the anticipated return on investing in
156-13 programs to achieve those outcomes.
156-14 (c) The commission shall consider including the children's
156-15 immunization programs in determining which children's prevention
156-16 services will be examined in the pilot project.
156-17 (d) Not later than January 15, 1997, the Health and Human
156-18 Services Commission shall submit to the governor and the 75th
156-19 Legislature, 1997, a report concerning the effectiveness of the
156-20 pilot project.
156-21 (e) This section expires September 1, 1997.
156-22 SECTION 12.06. This article takes effect immediately.
156-23 ARTICLE XIII. EMERGENCY
156-24 SECTION 13.01. The importance of this legislation and the
156-25 crowded condition of the calendars in both houses create an
157-1 emergency and an imperative public necessity that the
157-2 constitutional rule requiring bills to be read on three several
157-3 days in each house be suspended, and this rule is hereby suspended,
157-4 and that this Act take effect and be in force according to its
157-5 terms, and it is so enacted.