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.