CJ H.B. 1891 75(R)BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
H.B. 1891
By: Patterson
4-11-97
Committee Report (Substituted)


BACKGROUND

The Lamar County Juvenile Board was created by the Legislature to provide
adequate juvenile service to the county.  Under current law, the board
consists of the county judge and the district judges in Lamar County.  A
statutory county court at law judge is currently being created by
legislative process, and this judge needs to be included on the board.
Although the Texas Juvenile Probation Commission has promulgated rule
341.4(d) requiring county juvenile probation employees to be paid on the
same pay scale as state adult probation employees, neither the state nor
the commission has provided funds to pay the salaries.  Since the mandated
higher salaries would have to be paid from county funds, the Lamar County
Commissioners Court should have the authority to determine the salaries
and the rate of increase in salaries of all county employees, including
those of the Lamar County Juvenile Probation Department.   

PURPOSE

To add the Lamar County Court at Law Judge to the Juvenile Board, and to
give the Lamar County Commissioners Court the authority to set the
salaries and rate of increase in salaries for juvenile probation officers
and employees. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1.  Amends Section 152.1451, Human Resources Code, by amending
Subsections (a), (b), and (c) and adding Subsections (d) and (e) as
follows:   

 (a)  Adds the Lamar County Court at Law Judge, two county commissioners
and one school superintendent to the Lamar County Juvenile Board.  

 (b)  Provides for the election of one of the board members as chairman.

 (c)  Deletes the dollar amount of compensation to be paid to the board
members, leaving the amount to be determined by the Commissioners Court. 

 (d)  Provides that the commissioners court, upon recommendation by the
juvenile board, shall set the salaries of juvenile probation officers and
employees, taking into consideration the juvenile board recommendation and
other relevant factors such as the source of funds, the duties and
workload of the employees, and the effect on other county employees.  When
setting the salaries, the commissioners court shall comply with all
applicable laws. 

 SECTION 2.  Effective date is September 1, 1997.
 
 SECTION 3..  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.H.B. 1891 makes the following changes:
1) In Subsection 152.1451(a) the substitute adds two county commissioners
and one school superintendent are added to the board; 
2) In Subsection 152.1451(d) the substitute adds a provision whereby the
commissioners court comply with applicable laws when setting the salaries;
and 
3) In Subsection 152.1451 the substitute deletes section (e), which
addressed the rate of salary increases for the juvenile employees.