By Culberson H.B. No. 548
75R2747 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition of the Texas Board of Criminal Justice
1-3 and the administration of the Texas Department of Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 492.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 492.002. COMPOSITION OF BOARD; COMPENSATION OF MEMBERS.
1-8 (a) The board is composed of three [nine] members appointed by the
1-9 governor with the advice and consent of the senate. The governor
1-10 may not appoint more than two members who reside in an area
1-11 encompassed by the same administrative judicial region, as
1-12 determined by Section 74.042.
1-13 (b) Members serve staggered six-year terms with the term
1-14 [terms] of one member [three members] expiring February 1 of each
1-15 odd-numbered year.
1-16 (c) A member of the board is [not] entitled to compensation
1-17 [but is entitled to reimbursement for actual and necessary
1-18 expenses] as provided by the General Appropriations Act. If
1-19 compensation for members is not provided by that Act, each member
1-20 is entitled to reimbursement for actual and necessary expenses
1-21 incurred in performing functions as a member of the board.
1-22 SECTION 2. Section 492.005, Government Code, is amended to
1-23 read as follows:
1-24 Sec. 492.005. ORGANIZATION OF BOARD. (a) At the beginning
2-1 of a governor's term, the governor shall designate one member of
2-2 the board as executive director of the department [chairman of the
2-3 board]. That member shall serve as executive director [chairman]
2-4 at the pleasure of the governor.
2-5 (b) [The board shall elect a vice-chairman of the board from
2-6 among its members and may appoint committees to accomplish the
2-7 duties of the board.]
2-8 [(c)] The board may employ clerical assistance as necessary
2-9 to discharge the board's duties.
2-10 SECTION 3. Section 492.006, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 492.006. BOARD MEETINGS. (a) The board shall meet at
2-13 least once in each quarter of the calendar year at a site
2-14 determined by the executive director [chairman]. [The chairman
2-15 shall provide the chairman of the Legislative Criminal Justice
2-16 Board with notice of the board's regularly scheduled meetings and
2-17 facilitate the attendance of the Legislative Criminal Justice Board
2-18 at the regularly scheduled meetings.]
2-19 (b) The board may meet at other times at the call of the
2-20 executive director [chairman] or as provided by the rules of the
2-21 board.
2-22 SECTION 4. Section 492.013, Government Code, is amended to
2-23 read as follows:
2-24 Sec. 492.013. GENERAL POWERS AND DUTIES OF BOARD. (a) The
2-25 board may adopt rules as necessary for its own procedures and for
2-26 operation of the department.
2-27 (b) [The board shall employ an executive director. The
3-1 board shall supervise the executive director's administration of
3-2 the department.]
3-3 [(c)] The board shall approve the operating budget of the
3-4 department and the department's request for appropriations.
3-5 (c) [(d)] The board shall appoint the members of any
3-6 advisory committees to the department.
3-7 (d) [(e)] The board shall provide to the employees of the
3-8 department, as often as is necessary, information regarding their
3-9 qualifications for employment and their responsibilities under
3-10 applicable laws relating to standards of conduct for state
3-11 employees.
3-12 (e) [(f)] The board shall develop and implement policies
3-13 that clearly define the respective responsibilities of the board
3-14 and the staff of the department.
3-15 (f) [(g)] The board may apply for and accept gifts or grants
3-16 from any public or private source for use in maintaining and
3-17 improving correctional programs and services.
3-18 SECTION 5. Section 493.006, Government Code, is amended to
3-19 read as follows:
3-20 Sec. 493.006. GENERAL POWERS AND DUTIES OF EXECUTIVE
3-21 DIRECTOR. (a) [The board shall employ an executive director who
3-22 possesses the following minimum qualifications:]
3-23 [(1) five years experience in the field of corrections
3-24 in an administrative capacity;]
3-25 [(2) three years experience in the field of
3-26 corrections in an administrative capacity and a graduate degree
3-27 from an institution of higher education in penology or a related
4-1 field; or]
4-2 [(3) seven years experience in management or
4-3 administration of a government agency, institution of higher
4-4 education, or business enterprise of size comparable to the
4-5 department.]
4-6 [(b)] The executive director is responsible for the
4-7 administration and enforcement of all laws relating to the
4-8 department including rules implemented by the department but may
4-9 delegate those responsibilities as permitted by board rule or
4-10 general law.
4-11 (b) The executive director shall:
4-12 (1) represent the department in dealings with the
4-13 governor;
4-14 (2) report to the governor on the state of affairs of
4-15 the department at least quarterly;
4-16 (3) report to the board the governor's suggestions for
4-17 department operations;
4-18 (4) report to the governor on efforts to maximize the
4-19 efficiency of the department;
4-20 (5) periodically review the department's
4-21 organizational structure and submit recommendations for structural
4-22 changes to the governor, the board, and the Legislative Budget
4-23 Board; and
4-24 (6) serve as the department liaison with the governor
4-25 and the Office of State-Federal Relations to maximize federal
4-26 funding for corrections projects.
4-27 (c) A reference in this title or other law to the chairman
5-1 of the Texas Board of Criminal Justice means the executive director
5-2 of the department.
5-3 SECTION 6. The purpose of this Act is to more efficiently
5-4 organize the operations of the Texas Department of Criminal Justice
5-5 by reducing the size of the governing board of the department and
5-6 vesting the authority for the administration of the department in
5-7 an individual more directly responsible to the governor.
5-8 SECTION 7. (a) The transition of the Texas Board of
5-9 Criminal Justice from a nine-member board to a three-member board,
5-10 as required by the amendment by this Act to Section 492.002,
5-11 Government Code, is governed by this section.
5-12 (b) On or before January 1, 1998, the governor shall appoint
5-13 the new members to the Texas Board of Criminal Justice for terms
5-14 beginning January 1, 1998. The terms of members serving on
5-15 December 31, 1997, expire January 1, 1998.
5-16 (c) Of the initial members of the new board, the governor
5-17 shall appoint one to serve a term expiring on February 1, 1999, one
5-18 to serve a term expiring on February 1, 2001, and one to serve a
5-19 term expiring on February 1, 2003. On the expiration of the terms
5-20 of the initial members of the new board, the term of a member
5-21 appointed by the governor is six years.
5-22 SECTION 8. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended,
5-27 and that this Act take effect and be in force from and after its
6-1 passage, and it is so enacted.