1-1 By: Hightower (Senate Sponsor - Brown) H.B. No. 1155
1-2 (In the Senate - Received from the House March 6, 1997;
1-3 March 12, 1997, read first time and referred to Committee on
1-4 Criminal Justice; April 30, 1997, reported favorably, as amended,
1-5 by the following vote: Yeas 6, Nays 0; April 30, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Nelson
1-8 Amend H.B. No. 1155 in SECTION 1 of the bill, in Section 413.010,
1-9 Government Code, by striking the underlined part of the first
1-10 sentence of Section 413.010 (page 4, lines 9-14, House Engrossment)
1-11 and substituting the following:
1-12 In setting the priorities for the research projects of the
1-13 policy council, the executive director of the policy council shall
1-14 consult the governor, lieutenant governor, speaker of the house of
1-15 representatives, the presiding officer of each standing committee
1-16 of the senate and house of representatives having primary
1-17 jurisdiction over criminal justice issues, and the presiding
1-18 officer of each standing committee of the senate and house of
1-19 representatives having primary jurisdiction over matters relating
1-20 to state finance and appropriations from the state treasury
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the continuation and functions of the Criminal Justice
1-24 Policy Council.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 413, Government Code, is amended, and
1-27 Section 413.014 of that chapter is redesignated as Sections 413.004
1-28 and 413.005, to read as follows:
1-29 CHAPTER 413. CRIMINAL JUSTICE POLICY COUNCIL
1-30 Sec. 413.001. DEFINITION. In this chapter, "policy council"
1-31 means the Criminal Justice Policy Council.
1-32 Sec. 413.002. CRIMINAL JUSTICE POLICY COUNCIL. [(a)] The
1-33 Criminal Justice Policy Council is an agency of the state.
1-34 [(b) The membership of the policy council consists of:]
1-35 [(1) the governor, lieutenant governor, and speaker of
1-36 the house of representatives;]
1-37 [(2) four members of the senate appointed by the
1-38 lieutenant governor, one of whom must be the chairman of the
1-39 criminal justice committee;]
1-40 [(3) four members of the house of representatives
1-41 appointed by the speaker, one of whom must be the chairman of the
1-42 criminal jurisprudence committee; and]
1-43 [(4) six members appointed by the governor, one of
1-44 whom must be a district judge, one of whom must be a district
1-45 attorney or criminal district attorney, one of whom must be a
1-46 county judge, one of whom must be a county sheriff, and one of whom
1-47 must be a county commissioner.]
1-48 Sec. 413.003. SUNSET PROVISION. The Criminal Justice Policy
1-49 Council is subject to Chapter 325 (Texas Sunset Act). Unless
1-50 continued in existence as provided by that chapter, the council is
1-51 abolished September 1, 2009 [1997].
1-52 [Sec. 413.004. TENURE OF APPOINTED MEMBER. An appointed
1-53 member of the policy council serves at the pleasure of the
1-54 appointing officer.]
1-55 [Sec. 413.005. SERVICE ADDITIONAL DUTY OF OFFICE. Service
1-56 on the policy council of a public officer or employee is an
1-57 additional duty of the office or employment.]
1-58 [Sec. 413.006. COMPENSATION AND REIMBURSEMENT. A member of
1-59 the policy council serves without compensation for service on the
1-60 council but is entitled to reimbursement for actual and necessary
1-61 expenses incurred in performing council duties.]
1-62 Sec. 413.004 [413.014]. EXECUTIVE DIRECTOR[; STAFF].
1-63 (a) The policy council is under the direction of an executive
1-64 director.
2-1 (b) The executive director is appointed by the governor with
2-2 the advice and consent of the senate. The appointment of an
2-3 executive director shall be made without regard to the race, color,
2-4 disability, sex, religion, age, or national origin of the
2-5 appointee.
2-6 (c) A person is not eligible for appointment as the
2-7 executive director if the person or the person's spouse:
2-8 (1) is employed by or participates in the management
2-9 of a business entity or other organization receiving funds from the
2-10 policy council;
2-11 (2) owns or controls, directly or indirectly, more
2-12 than a 10 percent interest in a business entity or other
2-13 organization receiving funds from the policy council; or
2-14 (3) uses or receives a substantial amount of tangible
2-15 goods, services, or funds from the policy council, other than
2-16 compensation or reimbursement authorized by law for the executive
2-17 director.
2-18 (d) The executive director may not work for any agency or
2-19 office of the state other than the policy council and may not
2-20 perform duties for any other state agency or office that negatively
2-21 affect the performance of the executive director's duties as
2-22 executive director of the policy council.
2-23 (e) It is a ground for removal from the position of
2-24 executive director if the appointee:
2-25 (1) is disqualified for the position under Subsection
2-26 (c) or engages in an activity after appointment that, under
2-27 Subsection (c), would have disqualified the person for appointment
2-28 to the position;
2-29 (2) violates a prohibition established by Subsection
2-30 (d) or Section 413.006; or
2-31 (3) cannot because of illness or disability discharge
2-32 the executive director's duties.
2-33 Sec. 413.005. STAFF. (a) [(b)] The executive director may
2-34 employ personnel necessary to administer the responsibilities of
2-35 the policy council.
2-36 (b) The executive director or the executive director's
2-37 designee shall provide to policy council employees, as often as
2-38 necessary, information regarding their qualification for employment
2-39 under this chapter and their responsibilities under applicable laws
2-40 relating to standards of conduct for state employees.
2-41 (c) The executive director or the executive director's
2-42 designee shall develop an intra-agency career ladder program that
2-43 addresses opportunities for mobility and advancement for employees
2-44 within the policy council. The program shall require intra-agency
2-45 posting of all positions concurrently with any public posting.
2-46 (d) The executive director or the executive director's
2-47 designee shall develop a system of annual performance evaluations
2-48 that are based on documented employee performance. All merit pay
2-49 for policy council employees must be based on the system
2-50 established under this subsection.
2-51 (e) The executive director or the executive director's
2-52 designee shall prepare and maintain a written policy statement to
2-53 assure implementation of a program of equal employment opportunity
2-54 under which all personnel transactions are made without regard to
2-55 race, color, disability, sex, religion, age, or national origin.
2-56 The policy statement must include:
2-57 (1) personnel policies, including policies relating to
2-58 recruitment, evaluation, selection, appointment, training, and
2-59 promotion of personnel that are in compliance with requirements of
2-60 Chapter 21, Labor Code;
2-61 (2) a comprehensive analysis of the policy council
2-62 work force that meets federal and state guidelines;
2-63 (3) procedures by which a determination can be made
2-64 about the extent of underuse in the policy council work force of
2-65 all persons for whom federal or state guidelines encourage a more
2-66 equitable balance; and
2-67 (4) reasonable methods to appropriately address those
2-68 areas of underuse.
2-69 (f) A policy statement prepared under Subsection (e) must
3-1 cover an annual period, be updated annually and reviewed by the
3-2 Commission on Human Rights for compliance with Subsection (e)(1),
3-3 and be filed with the governor's office.
3-4 (g) The governor's office shall deliver a biennial report to
3-5 the legislature based on the information received under Subsection
3-6 (f). The report may be made separately or as a part of other
3-7 biennial reports made to the legislature.
3-8 Sec. 413.006. CONFLICT OF INTERESTS. (a) An officer,
3-9 employee, or paid consultant of a Texas trade association in the
3-10 field of criminal justice may not be the executive director of the
3-11 policy council or an employee of the policy council who is exempt
3-12 from the state's position classification plan or is compensated at
3-13 or above the amount prescribed by the General Appropriations Act
3-14 for step 1, salary group 17, of the position classification salary
3-15 schedule.
3-16 (b) A person who is the spouse of an officer, manager, or
3-17 paid consultant of a Texas trade association in the field of
3-18 criminal justice may not be the executive director of the policy
3-19 council and may not be an employee of the policy council who is
3-20 exempt from the state's position classification plan or is
3-21 compensated at or above the amount prescribed by the General
3-22 Appropriations Act for step 1, salary group 17, of the position
3-23 classification salary schedule.
3-24 (c) A person may not serve as the executive director of the
3-25 policy council or act as the general counsel to the policy council
3-26 if the person is required to register as a lobbyist under Chapter
3-27 305, Government Code, because of the person's activities for
3-28 compensation on behalf of a profession related to the operation of
3-29 the policy council.
3-30 (d) For the purposes of this section, a Texas trade
3-31 association is a nonprofit, cooperative, and voluntarily joined
3-32 association of business or professional competitors in this state
3-33 designed to assist its members and its industry or profession in
3-34 dealing with mutual business or professional problems and in
3-35 promoting their common interest.
3-36 Sec. 413.007. APPOINTMENT OF OTHER ADVISORY BODIES. The
3-37 governor [policy council] may establish other advisory councils,
3-38 task forces, or commissions the governor [it] considers necessary
3-39 to advise the policy council or to accomplish the purposes of this
3-40 chapter.
3-41 Sec. 413.008. GENERAL DUTY OF POLICY COUNCIL. The policy
3-42 council shall develop means to promote a more effective and
3-43 cohesive state criminal justice system.
3-44 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
3-45 its duties the policy council shall:
3-46 (1) conduct an in-depth analysis of the criminal
3-47 justice system;
3-48 (2) determine the long-range needs of the criminal
3-49 justice system and recommend policy priorities for the system;
3-50 (3) identify critical problems in the criminal justice
3-51 system and recommend strategies to solve those problems;
3-52 (4) assess the cost-effectiveness of the use of state
3-53 and local funds in the criminal justice system;
3-54 (5) recommend means to improve the deterrent and
3-55 rehabilitative capabilities of the criminal justice system;
3-56 (6) advise and assist the legislature in developing
3-57 plans, programs, and proposed legislation for improving the
3-58 effectiveness of the criminal justice system;
3-59 (7) make computations of daily costs and compare
3-60 interagency costs on services provided by agencies that are a part
3-61 of the criminal justice system;
3-62 (8) make population computations for use in planning
3-63 for the long-range needs of the criminal justice system;
3-64 (9) determine long-range information needs of the
3-65 criminal justice system and acquire that information; [and]
3-66 (10) engage in other activities consistent with the
3-67 responsibilities of the policy council; and [.]
3-68 (11) [(b) The policy council shall] cooperate with
3-69 the Crime Victims' Institute by providing information and
4-1 assistance to the institute relating to the improvement of crime
4-2 victims' services.
4-3 (b) In addition to the policy council's other duties under
4-4 [Section 413.008 and Subsection (a) of] this chapter [section], the
4-5 policy council may perform any function described in Subsection (a)
4-6 to promote an effective and cohesive juvenile justice system.
4-7 Sec. 413.010. CONSULTATION WITH LEGISLATIVE
4-8 OFFICIALS [PRESIDING OFFICERS]. In setting the priorities for the
4-9 research projects of the policy council, the executive director of
4-10 the policy council shall consult the governor, lieutenant governor,
4-11 speaker of the house of representatives, and presiding officer of
4-12 each standing committee of the senate and house of representatives
4-13 having jurisdiction over criminal justice issues [The governor is
4-14 the chairman of the policy council. The lieutenant governor is the
4-15 vice-chairman and presides at meetings in the governor's absence.
4-16 The speaker of the house of representatives presides at meetings
4-17 when both the governor and lieutenant governor are absent].
4-18 [Sec. 413.011. MEETINGS. The policy council shall meet at
4-19 least quarterly and at the call of its chairman.]
4-20 Sec. 413.011 [413.012]. CONTRACTUAL AUTHORITY. The policy
4-21 council may contract with public or private entities in the
4-22 performance of its responsibilities.
4-23 Sec. 413.012 [413.013]. FUNDS; GRANTS AND DONATIONS.
4-24 (a) All money paid to the policy council under this chapter is
4-25 subject to Subchapter F, Chapter 404, Government Code.
4-26 (b) The executive director shall prepare annually a complete
4-27 and detailed written report accounting for all funds received and
4-28 disbursed by the policy council during the preceding fiscal year.
4-29 The annual report must meet the reporting requirements applicable
4-30 to financial reporting provided in the General Appropriations Act.
4-31 (c) The policy council may accept grants and donations from
4-32 public and private entities in addition to legislative
4-33 appropriations.
4-34 Sec. 413.013 [413.015]. CRIMINAL JUSTICE PLAN; BIENNIAL
4-35 REPORT. (a) The policy council biennially shall submit to the
4-36 legislature a plan detailing the actions necessary to promote an
4-37 effective and cohesive criminal justice system.
4-38 (b) The policy council shall include in the plan a report of
4-39 its activities and the recommendations it makes under Section
4-40 413.009.
4-41 Sec. 413.014 [413.016]. STATISTICAL ANALYSIS CENTER. The
4-42 policy council shall serve as the statistical analysis center for
4-43 the state and as the liaison for the state to the United States
4-44 Department of Justice on criminal justice issues of interest to the
4-45 state and federal government relating to data, information systems,
4-46 and research.
4-47 Sec. 413.015 [413.017]. CAPACITY AND POPULATION PROJECTIONS.
4-48 The policy council shall report to the governor, the lieutenant
4-49 governor, and the speaker of the house of representatives not later
4-50 than September 15 of each even-numbered year and January 15 of each
4-51 odd-numbered year, and at such other times as requested by the
4-52 governor, lieutenant governor, or speaker, on the projected
4-53 capacity and population during the remainder of the biennium for
4-54 facilities operated by or for the Texas Department of Criminal
4-55 Justice and facilities operated by or for the Texas Youth
4-56 Commission.
4-57 Sec. 413.016 [413.019]. REPORT ON INMATE RELEASE STATISTICS.
4-58 (a) Each month the policy council shall determine the following
4-59 information:
4-60 (1) the number and percentage of inmates released on
4-61 parole or to mandatory supervision to each county;
4-62 (2) the number and percentage of inmates released on
4-63 parole in absentia to each county; and
4-64 (3) the number of inmates released to and from a
4-65 halfway house in each county, including the number of inmates who
4-66 are required as a condition of release to reside in a county other
4-67 than the county in which a halfway house is located.
4-68 (b) The policy council shall submit to the Texas Board of
4-69 Criminal Justice an annual report that includes the following
5-1 information for the preceding 12 months:
5-2 (1) the number of inmates released on parole or to
5-3 mandatory supervision;
5-4 (2) the number and percentage of inmates released on
5-5 parole or to mandatory supervision to each county, including the
5-6 number of inmates who are required on release from a halfway house
5-7 to reside in a county other than the county in which the halfway
5-8 house is located;
5-9 (3) the number of inmates released on parole in
5-10 absentia;
5-11 (4) the number and destination of inmates who are
5-12 transferred from one county to another during the period of release
5-13 or supervision; and
5-14 (5) the number and percentage of inmates released on
5-15 parole in absentia to each county.
5-16 (c) The report required under this section must also include
5-17 the number of persons under the supervision or custody of the Texas
5-18 Department of Criminal Justice at the end of a fiscal year,
5-19 including the type and status of the supervision or custody.
5-20 (d) The Texas Board of Criminal Justice shall review the
5-21 information in the annual report to enable the division to make an
5-22 appropriate and equitable distribution of inmates to each county.
5-23 (e) The Texas Department of Criminal Justice on a monthly
5-24 basis shall provide in computer format data required by the policy
5-25 council to prepare reports under this section.
5-26 Sec. 413.017 [413.021]. REVIEW OF USE OF PAROLE GUIDELINES.
5-27 The policy council shall report at least annually to the
5-28 Legislative Criminal Justice Board, the Texas Board of Criminal
5-29 Justice, and the Board of Pardons and Paroles on the use of the
5-30 parole guidelines by each member of the board in making parole
5-31 decisions.
5-32 Sec. 413.018. ACCESS TO PROGRAMS AND FACILITIES. The policy
5-33 council shall comply with federal and state laws related to program
5-34 and facility accessibility. The executive director of the policy
5-35 council shall also prepare and maintain a written plan that
5-36 describes how a person who does not speak English can be provided
5-37 reasonable access to the policy council's programs and services.
5-38 Sec. 413.019. CONSUMER INFORMATION AND COMPLAINTS. (a) The
5-39 policy council shall prepare information of public interest
5-40 describing the functions of the policy council and the procedures
5-41 by which complaints are filed with and resolved by the policy
5-42 council. The policy council shall make the information available
5-43 to the public and appropriate state agencies.
5-44 (b) The executive director of the policy council shall
5-45 establish methods by which consumers and service recipients are
5-46 notified of the name, mailing address, and telephone number of the
5-47 policy council for the purpose of directing complaints to the
5-48 policy council. The executive director of the policy council may
5-49 provide for that notification on each written contract made under
5-50 this chapter for the services of an individual or other entity.
5-51 (c) The policy council shall keep a file about each written
5-52 complaint filed with the policy council that the policy council has
5-53 authority to resolve. The policy council shall provide to the
5-54 person filing the complaint and the persons or entities complained
5-55 about the policy council's policies and procedures pertaining to
5-56 complaint investigation and resolution. The policy council, at
5-57 least quarterly and until final disposition of the complaint, shall
5-58 notify the person filing the complaint and the persons or entities
5-59 complained about of the status of the complaint unless the notice
5-60 would jeopardize an undercover investigation.
5-61 (d) The policy council shall keep information about each
5-62 complaint filed with the policy council. The information shall
5-63 include:
5-64 (1) the date the complaint is received;
5-65 (2) the name of the complainant;
5-66 (3) the subject matter of the complaint;
5-67 (4) a record of all persons contacted in relation to
5-68 the complaint;
5-69 (5) a summary of the results of the review or
6-1 investigation of the complaint; and
6-2 (6) for complaints for which the agency took no
6-3 action, an explanation of the reason the complaint was closed
6-4 without action.
6-5 SECTION 2. This Act takes effect September 1, 1997.
6-6 SECTION 3. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.
6-11 * * * * *