SGN H.B. 2699 75(R)BILL ANALYSIS CORRECTIONS H.B. 2699 By: Gray 3-26-97 Committee Report (Unamended) BACKGROUND The Council on Sex Offender Treatment (CSOT) was first established in 1983 as an interagency council and redefined by the Legislature as a three-member council in 1993. CSOT is responsible for addressing the need and effectiveness of sex offender treatment services and collecting and disseminating information about available sex offender treatment programs. In addition, CSOT 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 consists of three members who must meet the qualifications for registry as a sex offender treatment provider. A separate Interagency Advisory Committee, composed of 11 members representing the state's criminal justice and health and human services agencies meets with the Council, as the Council deems necessary, to assist with its duties. To carry out these functions, CSOT had a budget of $137,302 and 2 employees for fiscal year 1996. The Council on Sex Offender Treatment 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 CSOT, 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 CSOT for a 12-year period and make statutory modifications recommended by the Sunset Advisory Commission. The modifications proposed by this bill: -continue the Council on Sex Offender Treatment, but consolidate its functions within the Texas Department of Health (TDH); -increase the size of the Council from three to six part-time members; -change the composition of the Council to require that one-third of its members represent the general public; -authorize the Council to appoint additional members to the Interagency Advisory Committee as it deems necessary; -transfer the responsibility for evaluating the need for sex offender treatment from the Council to the Criminal Justice Policy Council; -require the Council to recover its costs through fees and grants to reduce the agency's reliance on General Revenue funding; and -provide for other changes as recommended by the Sunset Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Council on Sex Offender Treatment in the following sections: SECTION 2, Section 2(b), Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, to adopt rules consistent with this Act; SECTION 11, Section 8B(a), Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes to establish methods by which consumers and service recipients are notified of the place to direct complaints; and in SECTION 13, Section 13A(c), Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, to adopt a system under which registrations expire on various dates during the year. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1, Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes. Defines "board" as the Texas Board of Health and "department" as the Texas Department of Health. Renumbers subsections. SECTION 2. Amends Section 2, Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, by adding (a)-(b). (a) Establishes the Council on Sex Offender Treatment within the Texas Department of Health. (b) Allows the council the adopt rules consistent with the rules and procedures of the Board of Health and the Texas Department of Health. SECTION 3. Amends Section 3 (a)-(e), Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes. (a) Increases the size of the Council from three to six part-time members, including two who are representatives of the general public and four who meet the requirements for registration as a sex offender treatment provider. Also adds standard language developed by the Sunset Commission. Prohibits appointment as a public member if the person or the person's spouse is a registered sex offender treatment provider, or otherwise has financial ties to the regulated profession. (b) Adds standard language developed by the Sunset Commission. Requires appointments to the council be made without regard to race, color, disability, sex, religion, age or national origin. (c)-(d) Adds standard language developed by the Sunset Commission. Requires council members to complete at least one course of training before assuming their duties. (e) Allows for reimbursement of travel expenses incurred in attending the training. Also, deletes language relating to the establishment of the Interagency Advisory Committee which is relocated to SECTION 7 of the bill. SECTION 4. Amends Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, by adding Section 3A. Adds standard language developed by the Sunset Commission. Prohibits council members or their spouses and employees compensated at or above Group 17 in the General Appropriations Act or their spouses from being an officer or employee of a related Texas trade association. Prohibits registered lobbyists from serving as a member of the council or from being employed as the council's general counsel. Also defines Texas trade association. SECTION 5. Amends Section 4 (a) and adds (b)-(d), Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes. (a) Provides for staggering the terms of the six members on the council. (b)-(d) Adds standard language developed by the Sunset Commission. Defines the grounds for removing a council member and requires notification of the council's presiding officer, the governor and the attorney general if knowledge that a potential ground for removal exists. Affirms that an action of the council is valid even if it is taken when a ground for removal exists for one of the members. SECTION 6. Amends Section 5(a)-(d), Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes. (a) Adds standard language developed by the Sunset Commission. Requires the Governor to designate the presiding officer of the council. (b) Technical change. Deletes reference to "chairman" and replaces with "presiding officer." (c) Changes number of council members needed for a quorum from two to four. (d) Deletes language relating to the Interagency Advisory Committee and relocates it to SECTION 7 of the bill. SECTION 7. Amends Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, by adding Section 5A. Relocates the provisions establishing the the Interagency Advisory Committee. Specifies membership of the Committee, including, a representative of the Sexual Assault Prevention and Crisis Services Division of the Office of the Attorney General, in place of the Texas Department of Health. Also, authorizes the council to appoint additional members to the Committee as it deems necessary. Requires the committee to elect a presiding officer from among its members. SECTION 8. Amends Section 7, Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, by amending (a) and adding (c). (a) Specifies that the council's executive director is to be hired by the commissioner of health, with the advice and consent of the council. Also adds standard language developed by the Sunset Commission. Requires the council to clearly separate its policymaking responsibilities from the management responsibilities of the staff of the council. (c) Adds standard language developed by the Sunset Commission. Requires the executive director or a designee to inform council members and employees of the qualifications for office or employment and each person's responsibilities under the law. SECTION 9. Amends Section 8, Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes. Deletes language charging the council with determining the need for a state administered sex offender treatment program. This duty is transferred to the Criminal Justice Policy Council in SECTION 16. Makes technical change deleting reference to "probation" and replaces with "community supervision." Also renumbers subsections. SECTION 10. Amends Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, by adding Section 8A. Adds standard language developed by the Sunset Commission. Requires the Council to comply with state and federal program and facility accessibility laws. Requires the executive director to develop a plan that describes how non-English speaking persons can be provided reasonable access to the Council's programs. Requires the council to develop and implement policies that give the public reasonable opportunity to appear before it regarding issues under the jurisdiction of the council. SECTION 11. Amends Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, by adding Section 8B. Adds standard language developed by the Sunset Commission. Requires the council to maintain files on written complaints that the Council has the authority to resolve and to notify the parties regarding the status of the complaint quarterly until disposition. Requires the council to collect and maintain information about all complaints filed with the council. SECTION 12. Amends Section 13, Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes, by adding (c). Adds standard language developed by the Sunset Commission. Authorizes the Council to waive any registration requirements and grant registration to a sex offender treatment provider with a valid registration from another state that has registration requirements substantially equivalent to those of this state. SECTION 13. Amends Section 13A, Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes by adding (a)-(f). (a) Requires the council to recover the costs of its administration by charging and collecting reasonable fees, including registration and renewal fees. Specifies that fee collections be sent to the Department of Health. (b) Adds standard language developed by the Sunset Commission. Prohibits a person whose registration has expired from using the title sex offender treatment provider until the registration has been renewed. (c)-(d) Adds standard language developed by the Sunset Commission. Authorizes the council to adopt a staggered license renewal system. Requires the council to provide written notice of a person's registration expiration at least 30 days before the date of expiration. (e)-(f) Adds standard language developed by the Sunset Commission. Requires the council to establish a method for license renewal and a time-frame and penalty structure for delinquent renewals. SECTION 14. Amends Section 13C, Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes by adding (a)-(c). (a) Adds standard language developed by the Sunset Commission. Requires the council to use a full range of penalties, such as suspension or revocation, for violations of state laws or agency rules. (b) Adds standard language developed by the Sunset Commission. Entitles registrants to a hearing conducted by the State Office of Administrative Hearings before any sanction may be taken against their license. (c) Technical change. Updates reference to the Administrative Procedures Act. SECTION 15. Amends Section 14 (a)-(b), Chapter 462, Article 4413(51), Vernon's Texas Civil Statutes. (a) Adds standard language developed by the Sunset Commission. Requires the council's funds to be managed in accordance with the State Funds Reform Act. (b) Adds standard language developed by the Sunset Commission. Requires the department to prepare an annual financial report that meets the reporting requirements in the General Appropriations Act. Also deletes the provision for a Sunset review of the Council. SECTION 16. Amends Section 413.009(a), Government Code. Requires the Criminal Justice Policy Council to evaluate the effectiveness of and need for a state-administered sex offender treatment program. Also renumbers subsections. SECTION 17. (a) Upon the effective date of this act, transfers all unobligated funds, property, and records of the Council to the Texas Department of Health. Specifies that employees of the Council become employees of the Texas Department of Health. (b) Specifies that the governor shall appoint three new members to the Council as soon as possible on or after the effective date of this act and establishes the staggered terms for the six-member Council. (c) Specifies that the changes in the act relating to qualifications for membership on the council do not prevent current members of the Council from completing their term on the council or from being reappointed to it. (d) Specifies that the Commissioner of Public Health shall hire an executive director as soon as possible on or after the effective date of this act. SECTION 18. Specifies the effective date of the act as September 1, 1997. SECTION 19. Emergency clause.