CN H.B. 1917 75(R)BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
H.B 1917
By: Goodman
3-11-97

H.B. 1917 
3-13-97
Committee Report (Amended)


BACKGROUND 
House Bill 1917 relates to the powers and duties of the Texas Juvenile
Probation Commission (TJPC) and of juvenile boards in Texas. The enabling
legislation of  the TJPC has not been updated and modernized for many
years. TJPC underwent Sunset Review during 1996, and the resulting Sunset
bill recommends amending Texas Human Resources Code (HRC) Chapter 141.
This bill contains additional amendments to HRC Chapters 141 and 142. 

PURPOSE

H.B. 1917 as introduced amends the enabling legislation of the commission
in HRC Chapter 141 that establishes the purposes, duties and mandates of
the agency. Further, the bill amends sections of HRC Chapter 142 of
dealing with probation departments and juvenile boards. 
The purpose of HB 1917 is to update and modernize the language of the
agency's statutes to more accurately reflect the agency's duties,
responsibilities and mandates under the new Juvenile Justice Code and
Education Code, which were re-written during the 74th Texas Legislature.
Some sections of the current agency enabling legislation are outdated
because of either new law or appropriations riders that are currently in
effect.  Additionally, several of the amendments reflect suggestions from
juvenile justice practitioners regarding the agency's operation and
mandates.   


RULE MAKING AUTHORITY

H.B. 1917 provides the authority and mandate for TJPC to promulgate and
adopt reasonable rules for 1) the implementation of the progressive
sanctions guidelines; and 2) minimum standards for the operation of
juvenile justice alternative education programs created under Chapter 37
of the Texas Education Code. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends HRC Sec. 141.001 to reflect that the TJPC currently has
the mandate to establish standards for the community-based juvenile
justice system which include probation administration standards as well as
standards for programs and facilities operated by the juvenile board such
as secure detention facilities, correctional facilities, and juvenile
justice alternative education programs. This section also creates the
purpose of delinquency prevention and early intervention as an explicit
mandate of the agency. 

SECTION 2. Amends HRC Sec. 141.011 to require that the six appointed
public members of the governing board of TJPC reflect a balance between
small, medium and large counties.  The section requires two members to be
appointed from counties with a population of 500,000 or more; two members
to be appointed from a county with a population of 100,000 or more; and
two members appointed from a county with a population of less than
100,000.  The section provides that the population figures to be used
shall be the most recent figures available from the comptroller's office. 

SECTION 3. Amends HRC Sec. 141.042(a) to provide the authority and mandate
for TJPC to promulgate and adopt reasonable rules for 1) the
implementation of the progressive sanctions guidelines; and 2) minimum
standards for the operation of juvenile justice alternative education
programs created under Chapter 37 of the Texas Education Code. 
 
SECTION 4. Amends HRC Sec. 141.044 regarding the type and format of
records to be collected and reports to be submitted by local juvenile
boards to TJPC.  This amendment requires the juvenile board to keep
programmatic records and submit programmatic data to TJPC in a format
specified by TJPC, including electronic formats. 

SECTION 5. Amends HRC Sec. 141.046 to provide that TJPC may evaluate the
juvenile board and probation department and may audit both entities'
programmatic and statistical records, in addition to the financial records
for which the agency currently has authority. 

SECTION 6. Amends HRC Sec. 141.082(a) regarding a juvenile board's
eligibility to receive state financial assistance funds.  This section
provides that a juvenile board must maintain a local funding level that is
equal to the amount spent by the county on juvenile services during the
first year of the preceding state appropriations biennium.  TJPC is
granted the authority to waive this requirement upon a showing of unusual,
catastrophic or exceptional circumstances.  If the agency does not grant a
waiver of the requirement, a dollar for dollar reduction in the funds
received is required. 

SECTION 7. Amends Sec. 141.085(a) to provide that TJPC has the discretion
to refuse, reduce or suspend state financial aid to a juvenile board that
fails to comply with TJPC standards.  Currently, the statute does not
allow TJPC this discretion, but mandates that funding be refused, reduced
or suspended. 

SECTION 8. Amends HRC Sec. 142.001 to make a technical, conforming
amendment.  The old terminology of "informal adjustment" is replaced with
the current terminology under the Family Code of "deferred prosecution".
The section further clarifies that the term "juvenile probation services"
includes services provided by a probation department that are related to
the operation of a pre- and post-adjudication juvenile facility. 

SECTION 9. Amends HRC Sec. 142.003 to provide the juvenile board the
explicit authority to contract with another governmental unit or a private
vendor for the provision of juvenile probation services. 

SECTION 10. Repeals Section 103, of House Bill 327, Acts of the 74th
Legislature, Regular Session, 1995 dealing with supplantation of local
funds and the maintenance of local financial effort for juvenile probation
services. 

SECTION 11. This section contains the effective date of the legislation
which is September 1, 1997. The section further provides that the changes
to Section 141.011(a)(3) regarding the appointment of TJPC board members
does not affect the current board members until their terms have expired. 

SECTION 12. Emergency Clause.


EXPLANATION OF AMENDMENTS
 
Amendment #1, Rep. Reyna, amends HRC Sec. 141.042(a)(6) by adding text at
the end of subsection (6) stating: "in collaboration and conjunction with
the Texas Education Agency, or its designee." In reference to TJPC
authority to promulgate by rule minimum standards by rule for juvenile
justice alternative education programs created under Sec. 37.011,
Education Code. 

Amendment #2, Rep. Staples, amends HRC Sec. 141.082(a) by adding text
where the funding budgeted to local or county funds for juvenile services
is at least equal to the amount spent on those services in the 1994 county
fiscal year.