SRC-CDH H.B. 2074 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2074
By: Hightower (Brown)
Criminal Justice
5-1-97
Committee Report (Amended)


DIGEST 

Currently, the Texas Youth Commission (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,
and 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 Committee recommended continuation and several
statutory modifications that are contained in this legislation.   

PURPOSE

As proposed, H.B. 2074 establishes the continuation and functions of the
Texas Youth Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 61.012(a), Human Resources Code, to update
standard language developed by the Sunset Commission regarding
qualifications for appointment to the governing board of the Texas Youth
Commission (board). 

SECTION 2. Amends Section 61.0121, Human Resources Code, to update
standard language developed by the Sunset Commission regarding
qualifications for board members and employees. 

SECTION 3. Amends Chapter 61B, Human Resources Code, by adding Section
61.0122, to add standard language developed by the Sunset Commission
regarding board member training. 

SECTION 4. Amends Section 61.013(a), Human Resources Code, to add standard
language developed by the Sunset Commission regarding designation by the
governor of the chairman of the board.   

SECTION 5. Amends Section 61.0151(c), Human Resources Code, to update
standard language developed by the Sunset Commission regarding removal of
a board member and notification of certain persons if knowledge that a
potential ground for removal exists. 

SECTION 6. Amends Section 61.020, Human Resources Code, to provide that,
unless continued in existence, this chapter expires September 1, 2009,
rather than September 1, 1997. 

SECTION 7. Amends Chapter 61B, Human Resources Code, by adding Section
61.022, to add standard language developed by the Sunset Commission
requiring the Texas Youth Commission (TYC) to comply with state and
federal program and facility accessability laws, and developing a plan
that describes how non-English speaking persons can be provided reasonable
access. 

SECTION 8. Amends Section 61.033, Human Resources Code, to update standard
language developed by the Sunset Commission requiring TYC to prepare an
annual financial report. 
 
SECTION 9. Amends Section 61.0351, Human Resources Code, to update
standard language developed by the Sunset Commission regarding
professional information for members and employees. 

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

SECTION 11. Amends Section 61.0353, Human Resources Code, to update
standard language developed by the Sunset Commission regarding the
intra-agency career ladder program.   

SECTION 12. Amends Section 61.0354, Human Resources Code, to update
standard language developed by the Sunset Commission regarding job
performance evaluations based on documented employee performance. 

SECTION 13. Amends Section 61.0355, Human Resources Code, to update
standard language developed by the Sunset Commission regarding the equal
employment opportunity policy statement.  
SECTION 14. Amends Section 61.0422, Human Resources Code, to update and
modify standard language developed by the Sunset Commission regarding
service complaints. 

SECTION 15. Amends Section 61.0423, Human Resources Code, to update
standard language developed by the Sunset Commission regarding public
hearings. 

SECTION 16. Amends Chapter 61C, Human Resources Code, by adding Sections
61.051-61.053, as follows: 

Sec. 61.051.  CLIENT SERVICE CONTRACT STANDARDS.  Requires TYC to include
clearly defined goals, sanctions, and reporting requirements in each
contract for the purchase of residential program-related client services.

Sec. 61.052.  CONTRACT MONITORING.  Requires TYC to establish a formal
program to monitor residential program-related client services contracts
made by TYC that monitors compliance with performance requirements and
evaluates program cost information.   

Sec. 61.053.  MEDICAID BENEFITS.  Requires TYC to apply for benefits under
the federal Medicaid program if application is cost-effective in reducing
incurred health care costs. 

SECTION 17. Repealer:  Section 61.035(c), Human Resources Code (regarding
persons prohibited from being employed by TYC) and Section 61.035(d),
Human Resources Code (regarding persons required to register as lobbyists
being prohibited from acting as general counsel to TYC). 

SECTION 18. Makes application of this Act prospective.  Provides that this
Act does not prohibit a person who is a member of the board on September
1, 1997 from being reappointed to the board if certain conditions exist. 

SECTION 19. Effective date:  September 1, 1997.

SECTION 20. Emergency clause.  

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 3, lines 9-27, and page 4, lines 1-7, strikes added Section 61.0122,
Human Resources Code, and substitutes a new Section 61.0122, Human
Resources Code, regarding board member training.