SRC-CDH H.B. 2082 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2082
By: Hightower (West)
Criminal Justice
5-10-97
Engrossed


DIGEST 

The Texas Youth Commission (TYC) has developed a multi-phased treatment
program, its Resocialization Program, which has received national
recognition and the interest of public and private agencies seeking to use
it.  The Resocialization Program is a treatment program that methodically
assists juvenile offenders in developing both the desire and know-how in
order to effectively change.  It consists of meaningful case management
that tracks and helps the youth move from one phase of resocialization to
the next.  TYC has copyrighted both the curriculum and the student
workbook used in the treatment program.  Considerable staff time and
agency funds went into the development of this program which could be
recouped, at least in part, from the sale or license of this program to
others.  H.B. 2082 authorizes TYC to sell or license the use of a
treatment program it has developed and to use the proceeds for the further
development and operation of its treatment program.      

PURPOSE

As proposed, H.B. 2082 establishes the authority of the Texas Youth
Commission (TYC) to sell or license the right to use a treatment program
developed by TYC.  

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 Chapter 61C, Human Resources Code, by adding Section
61.051, as follows: 

Sec. 61.051.  SALE OR LICENSE OF TREATMENT PROGRAMS.  Authorizes the Texas
Youth Commission (TYC) to sell or license to an individual or a private or
public entity the right to use a treatment program developed by the TYC.
Requires proceeds from the sale or license of a treatment program to be
deposited to the credit of the fund that provided the money to finance the
development of the treatment program. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.