SRC-SLL H.B. 2699 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2699
By: Gray (Brown)
Criminal Justice
4-25-97
Engrossed


DIGEST 

The Council on Sex Offender Treatment (council) was established in 1983 as
an interagency council and redefined by the legislature as a three-member
council in 1993.  The council is responsible for addressing the need and
effectiveness of sex offender treatment services and collecting and
disseminating information about available sex offender treatment programs.
Additionally, the council is responsible for maintaining a registry of sex
offender treatment providers and developing treatment strategies,
standards of practice, and continuing education programs for such
providers. The council is subject to the Sunset Act and will be abolished
September 1, 1997, unless continued by the legislature.  As a result of
its review, the Sunset Advisory Committee recommended continuation and
several statutory modifications that are contained in this legislation. 

PURPOSE

As proposed, H.B. 2699 recommends continuation of the Council on Sex
Offender Treatment for a 12-year period and makes statutory modifications. 

RULEMAKING AUTHORITY

Rulemaking authority is granted in SECTION 2 (Sec. 2(b), Article
4413(51)V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1, Article 4413(51), V.T.C.S., to define "board"
and "department." Makes conforming changes. 

SECTION 2. Amends Section 2, Article 4413(51), V.T.C.S., to provide that
the Council on Sex Offender Treatment (council) is within the Texas
Department of Health (department).  Authorizes the council to adopt rules
consistent with this Act.  Requires the council, in adopting rules, to
consider the rules and procedures of the Texas Board of Health (board) and
the department and to adopt procedural rules consistent with similar
existing rules and procedures of the board or the department. 

SECTION 3. Amends Section 3, Article 4413(51), V.T.C.S., as follows:

Sec.  3.  New heading: COUNCIL MEMBERSHIP; QUALIFICATIONS.  Sets forth
composition of the council.  Adds standard language developed by the
Sunset Commission regarding membership and qualifications for the council.
Deletes existing Subsections (b) and (c) regarding an interagency advisory
committee. 

SECTION 4. Amends Article 4413(51), V.T.C.S., by adding Section 3A, as
follows: 

Sec.  3A.  CONFLICT OF INTEREST.  Adds standard language developed by the
Sunset Commission regarding conflicts of interest. 

SECTION 5. Amends Section 4, Article 4413(51), V.T.C.S., as follows:

Sec.  4.  New heading: TERMS; GROUNDS FOR REMOVAL.  Provides that members
of the council hold office for staggered terms of six years, with two
members' terms, rather than  one member's term, expiring February 1 of
each odd-numbered year.  Adds standard language developed by the Sunset
Commission regarding grounds for removal. 

SECTION 6. Amends Section 5, Article 4413(51), V.T.C.S., to require the
governor to designate a member of the council as the presiding officer of
the council to serve in that capacity at the pleasure of the governor.
Provides that four members, rather than two members, of the council
constitute a quorum.  Deletes existing Subsections (a) and (d) regarding
the chairman of the council and the interagency advisory commission.
Makes a conforming change. 

SECTION 7. Amends Article 4413(51), V.T.C.S., by adding Section 5A, as
follows:  

Sec.  5A.  ADVISORY COMMITTEE.  Provides that an interagency advisory
committee (committee) is established to advise the council on
administering its duties under this Act. Sets forth composition of the
committee.  Requires the committee to elect a presiding officer from among
its members.  Requires the committee to meet at the call of its presiding
officer or at the request of the council.  A majority of the members of
the committee constitutes a quorum. 

SECTION 8. Amends Section 7, Article 4413(51), V.T.C.S., by amending
Subsection (a) and adding Subsection (c), to require the commissioner of
health to employ an executive director, chosen with the advice and consent
of the council, who is the executive head of the council and performs its
administrative duties.  Requires the council to develop and implement
policies that clearly separate the policymaking responsibilities of the
council and the management responsibilities of the executive director and
the staff of the council.  Adds standard language developed by the Sunset
Commission regarding qualifications for employment. 

SECTION 9. Amends Section 8, Article 4413(51), V.T.C.S., to delete
Subdivision (1) regarding a state administered sex offender treatment
program.  Makes a nonsubstantive change. 

SECTION 10. Amends Article 4413(51), V.T.C.S., by adding Section 8A, as
follows: 

Sec.  8A.  PUBLIC ACCESSIBILITY.  Adds standard language developed by the
Sunset Commission regarding public accessibility. 

SECTION 11. Amends Article 4413(51), V.T.C.S., by adding Section 8B, as
follows: 

Sec.  8B.  COMPLAINT RESOLUTION. Adds standard language developed by the
Sunset Commission regarding complaint resolution procedures. 

SECTION 12. Amends Section 13, Article 4413(51), V.T.C.S., by adding
Subsection (c), to authorize the council to waive any prerequisite to
registration for an applicant after reviewing the applicant's credentials
and determining that the applicant holds a valid registration from another
state that has registration requirements substantially equivalent to those
of this state. 

SECTION 13. Amends Section 13A, Article 4413(51), to require, rather than
authorize, the council to charge and collect reasonable fees in an amount
necessary to recover the cost of administering this Act and to send all
fees collected under this section to the department.  Authorizes fees
charged and collected by the council under this section to include sex
offender treatment provider registration and renewal fees.  Adds standard
language developed by the Sunset Commission regarding registration and
license renewal. 

SECTION 14. Amends Section 13C, Article 4413(51), V.T.C.S., as follows:

Sec.  13C.  New heading:  ADMINISTRATIVE HEARING AND JUDICIAL REVIEW
REGARDING EXCLUSION FROM REGISTRY.  Adds standard language developed by
the Sunset Commission regarding administrative hearings and judicial
review.  Makes conforming, nonsubstantive, and standard recodification
changes. 

SECTION 15. Amends Section 14, Article 4413(51), V.T.C.S., as follows:
 
Sec.  14.  New heading:  DEPOSIT TO STATE TREASURY; ANNUAL REPORT.  Adds
standard language developed by the Sunset Commission regarding finances.
Deletes existing text regarding application of Chapter 325, Government
Code. 

SECTION 16. Amends Section 413.009(a), Government Code, to require the
Criminal Justice Policy Council to evaluate the rehabilitative
capabilities of a state-administered sex offender treatment program and,
based on that evaluation, determine if the program is necessary. 

SECTION 17.   (a) Sets forth provisions regarding the transfer of certain
items from the council to the department. 

(b) Sets forth regulations regarding appointments to the council by the
governor. 

(c)  Sets forth regulations regarding the effect of this Act on current
members of the council. 

(d)  Requires the commissioner of public health, as soon as possible on or
after September 1, 1997, to employ an executive director for the council
as required by Section 7, Article 4413(51), V.T.C.S.,  as amended by this
Act.  Provides that the change in law made by this Act to Section 7 does
not prohibit the commissioner of public health from employing as executive
director the person who holds that position immediately before September
1, 1997. 

SECTION 18. Effective date: September 1, 1997.

SECTION 19. Emergency clause.