SRC-JFA H.B. 2749 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2749
By: McClendon (West)
Criminal Justice
5-17-97
Engrossed


DIGEST 

Currently, the Texas Department of Protective and Regulatory Services
(DPRS) does not have the authority to investigate alleged child abuse or
neglect in facilities that are not licensed by DPRS. The Texas Juvenile
Probation Commission (TJPC) has received complaints of alleged child abuse
in juvenile pre-adjudication and post-adjudication secure detention and
correctional facilities. Secure juvenile detention and correctional
facilities are not licensed by DPRS and, therefore, DPRS cannot
investigate the alleged child abuse. TJPC does not license, register, or
certify such facilities. This bill would require TJPC to operate a
statewide registry of these facilities, require TJPC to adopt minimum
standards for the operation of these facilities, and authorize TJPC to
inspect these facilities and monitor compliance with TJPC standards.     

PURPOSE

As proposed, H.B. 2749 requires Texas Juvenile Probation Commission to
operate a statewide registry for all juvenile pre-adjudication and
post-adjudication secure detention and correctional facilities, except
facilities operated or certified by 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 141.042(a), (c), and (d), Human Resources Code,
as follows: 

(a)  Requires the Texas Juvenile Probation Commission (commission) to
adopt reasonable rules that provide minimum standards for public and
private juvenile pre-adjudication secure detention facilities, public
juvenile post-adjudication secure correctional facilities that are
operated under the authority of a juvenile board, and private juvenile
post-adjudication secure correctional facilities, except those facilities
exempt from certification by Section 42.052(e).   

(c)  Requires the commission to operate a statewide registry for all
public and private juvenile pre-adjudication secure detention facilities
and all public and private juvenile postadjudication secure correctional
facilities except a facility operated or certified by the Texas Youth
Commission (TYC).  Deletes existing Subsection (c).   

(d)  Requires the commission to annually inspect all public and private
juvenile preadjudication secure detention facilities and all public and
private juvenile post-adjudication secure correctional facilities except a
facility operated or certified by TYC and to annually monitor compliance
with the standards established under Subsection (a)(4) if the juvenile
board has elected to comply with those standards or to annually ensure
that the facility is certified by the American Correctional Association if
the juvenile board has elected to comply with those standards.  Deletes
existing text relating to certain annual inspections conducted by the
commission.   

SECTION 2. Effective date: September 1, 1997.

 SECTION 3. Emergency clause.
  Effective date:  90 days after adjournment.