SGN C.S.H.B. 2074 75(R)BILL ANALYSIS


CORRECTIONS
C.S.H.B. 2074
By: Hightower
3-19-97
Committee Report (Substituted)


BACKGROUND 

The Texas Youth Commission (TYC), in its present structure, was created in
1957 by the 55th Legislature.  TYC is responsible for administering the
state's correctional facilities for children, providing a program of
constructive training aimed at rehabilitation, and providing active parole
supervision for children discharged from agency custody.  TYC carries out
its programs and functions through a six-member Commission.  To carry out
these  programs, TYC had a budget of $167,494,560 and 2,372 employees for
fiscal year 1996. 

TYC is subject to the Sunset Act and will be abolished September 1, 1997
unless continued by the Legislature.  As a result of its review of TYC,
the Sunset Advisory Commission recommended continuation and several
statutory modifications that are contained in this legislation. 

PURPOSE

The purpose of this bill is to continue TYC for a 12-year period and make
statutory modifications recommended by the Sunset Advisory Commission.
The modifications proposed by this bill: 

-require the establishment and use of sound performance-based contracting
practices for residential treatment client services and the monitoring of
these contracts for compliance with financial and performance
requirements;  
 
 -require TYC to apply for benefits, when cost effective, under the
federal Medicaid program to help reduce health care costs incurred by the
agency; and,  

 -provide for other changes as recommended by the Sunset Commission.


RULEMAKING AUTHORITY

It is the committee's opinion that C.S.H.B. 2074 does not expressly grant
any additional rulemaking authority to a state officer, department, agency
or institution.   

In addition, under the general rulemaking authority already granted to the
policymaking body, rules may be developed to implement other new
provisions found in this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 61.012(a), Human Resources Code.  Updates
standard language developed by the Sunset Commission regarding
qualifications for appointment to the board. Deletes the word "handicap"
and replaces it with "disability". 

SECTION 2.  Amends Section 61.0121, Human Resources Code. Updates standard
language developed by the Sunset Commission prohibiting board members or
their spouses and employees compensated at or above Group 17 in the
General Appropriations Act from being an officer or employee of a related
Texas trade association.  Prohibits registered lobbyists from serving as a
member of the board or from being employed as the board's or commission's
general counsel.  Also updates language defining Texas trade association. 

SECTION 3.  Amends Subchapter B, Chapter 61, Human Resources Code, by
adding Section 61.0122.  Adds standard language developed by the Sunset
Commission. Requires the board to complete one course of training before
assuming their duties and being confirmed by the Senate. 

SECTION 4.  Amends Section 61.013(a), Human Resources Code.  Adds standard
language developed by the Sunset Commission.  Requires the Governor to
designate the chairman of the board. 

SECTION 5.  Amends Section 61.0151(c), Human Resources Code.  Updates
standard language developed by the Sunset Commission defining the grounds
for removing a board member and requiring notification of the board's
chairman, the governor, and the attorney general if knowledge that a
potential ground for removal exists. 

SECTION 6.  Amends Section 61.020, Human Resources Code.  Updates
commission's sunset review date to 2009, providing for the usual 12-year
review.  

SECTION 7.  Amends Subchapter B, Chapter 61, Human Resources Code, by
adding Section 61.022.  Adds standard language developed by the Sunset
Commission.  Requires the commission to comply with state and federal
program and facility accessability laws and to develop a plan that
describes how non-English speaking persons can be provided reasonable
access to the commission's programs. 

SECTION 8.  Amends Section 61.033, Human Resources Code.  Updates standard
language developed by the Sunset Commission requiring the commission to
prepare an annual financial report that meets the reporting requirements
in the General Appropriations Act.  

SECTION 9.  Amends Section 61.0351, Human Resources Code.  Updates
standard language developed by the Sunset Commission requiring the
executive director or a designee to inform its board members and
commission employees of the qualifications for office or employment. 

SECTION 10.  Amends Section 61.0352, Human Resources Code.  Updates
standard language developed by the Sunset Commission requiring the
separation of board policymaking responsibilities from the management
responsibilities of the executive director and staff of the commission. 

SECTION 11.  Amends Section 61.0353, Human Resources Code.  Updates
standard language developed by the Sunset Commission requiring the
executive director or a designee to develop an intra-agency career ladder
program that addresses mobility and advancement opportunities for
employees within the commission. 

SECTION 12.  Amends Section 61.0354, Human Resources Code.  Updates
standard language developed by the Sunset Commission requiring the
executive director or a designee to develop a system of annual performance
evaluations based on documented employee performance. 

SECTION 13.  Amends Section 61.0355, Human Resources Code.  Updates
standard language developed by the Sunset Commission requiring the
executive director or a designee to develop an equal employment policy
that is annually updated, reviewed by the Texas Commission on Human
Rights, and filed with the Governor's Office. 

SECTION 14.  Amends Section 61.0422, Human Resources Code.  Updates and
modifies standard language developed by the Sunset Commission requiring
the commission to collect and maintain information about complaints.
Distinguishes between public complaints and those by a child receiving
services from the commission, or the child's parent or guardian.  The
commission is required to provide a summary of the results of a review or
investigation of a complaint for both types, but is required to collect
less information on complaints filed by a child in their custody or by the
child's parent or guardian. 

 SECTION 15.  Amends Section 61.0423, Human Resources Code.  Updates
standard language developed by the Sunset Commission requiring the board
to give the public reasonable opportunity to appear before it regarding
the issues under the jurisdiction of the commission. 

SECTION 16.  Amends Subchapter C, Chapter 61, Human Resources Code, by
adding Sections 61.051, 61.052, 61.053. 

 Section 61.051.  Requires the commission to develop a performance-based
contracting system for residential client services that establishes
clearly defined goals, sanctions, and reporting requirements. 

 Section 61.052.  Requires the commission to develop a formal program to
monitor residential client services contracts for compliance with
performance requirements and evaluate cost information. 

 Section 61.053.  Requires the commission, when cost-effective, to apply
for benefits under the federal Medicaid program to reduce health care
costs. 

SECTION 17.  Repeals Section 61.035(c) and (d), Human Resources Code.
Technical change. Deletes standard language developed by the Sunset
Commission that establishes conflict of interest guidelines for commission
employees.  Updated language is re-inserted in Section 61.021, Human
Resources Code. 

SECTION 18.  Specifies that the changes to board member qualifications
apply only to members appointed on or after September 1, 1997.  Specifies
that changes to board member qualifications do not prevent a person who
serves on the board before September 1, 1997 from being reappointed if
that person meets the qualifications effective on that date. 

SECTION 19.  Effective date: September 1, 1997.

SECTION 20.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes language requiring the Texas Youth Commission to,
jointly with the Texas Juvenile Probation Commission, establish county
pilot programs to allow the pooling of state and local funds to provide
services to children in the juvenile justice system.