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                                  * * * * *