1-1 AN ACT
1-2 relating to the powers and duties of the Texas Juvenile Probation
1-3 Commission and of juvenile boards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 141.001, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 141.001. PURPOSES. The purposes of this chapter are
1-8 to:
1-9 (1) make probation services available to juveniles
1-10 throughout the state;
1-11 (2) improve the effectiveness of juvenile probation
1-12 services;
1-13 (3) provide alternatives to the commitment of
1-14 juveniles by providing financial aid to juvenile boards to
1-15 establish and improve probation services;
1-16 (4) establish uniform [probation administration]
1-17 standards for the community-based juvenile justice system; [and]
1-18 (5) improve communications among state and local
1-19 entities within the juvenile justice system; and
1-20 (6) promote delinquency prevention and early
1-21 intervention programs and activities for juveniles.
1-22 SECTION 2. Section 141.042(a), Human Resources Code, is
1-23 amended to read as follows:
1-24 (a) The commission shall adopt reasonable rules that
2-1 provide:
2-2 (1) minimum standards for personnel, staffing, case
2-3 loads, programs, facilities, record keeping, equipment, and other
2-4 aspects of the operation of a juvenile board that are necessary to
2-5 provide adequate and effective probation services;
2-6 (2) a code of ethics for probation officers and for
2-7 the enforcement of that code;
2-8 (3) appropriate educational, preservice and in-service
2-9 training, and certification standards for probation officers or
2-10 court-supervised community-based program personnel; [and]
2-11 (4) minimum standards for juvenile detention
2-12 facilities, public post-adjudication juvenile secure correctional
2-13 facilities that are operated under the authority of a juvenile
2-14 board, and private post-adjudication juvenile secure correctional
2-15 facilities, except those facilities exempt from certification by
2-16 Section 42.052(e);
2-17 (5) procedures for implementation of the progressive
2-18 sanctions guidelines in Chapter 59, Family Code; and
2-19 (6) minimum standards for juvenile justice alternative
2-20 education programs created under Section 37.011, Education Code, in
2-21 collaboration and conjunction with the Texas Education Agency, or
2-22 its designee.
2-23 SECTION 3. Section 141.044, Human Resources Code, is amended
2-24 to read as follows:
2-25 Sec. 141.044. RECORDS AND REPORTS. Each juvenile board in
2-26 the state shall:
2-27 (1) keep the financial, programmatic, and statistical
3-1 records the commission considers necessary; and
3-2 (2) submit periodic financial, programmatic, and
3-3 statistical reports to the commission as required by the commission
3-4 and in the format specified by the commission, including
3-5 electronic submission.
3-6 SECTION 4. Section 141.046, Human Resources Code, is amended
3-7 to read as follows:
3-8 Sec. 141.046. INSPECTIONS AND AUDITS. (a) The commission
3-9 may inspect and evaluate a juvenile board and probation department
3-10 and audit its financial, programmatic, and statistical records at
3-11 reasonable times to determine compliance with the commission's
3-12 rules.
3-13 (b) The commission may inspect any program or facility
3-14 operated on behalf of and under the authority of the juvenile board
3-15 by the probation department, a governmental entity, or private
3-16 vendor.
3-17 SECTION 5. Section 141.082(a), Human Resources Code, is
3-18 amended to read as follows:
3-19 (a) To receive the full amount of state aid funds for which
3-20 a juvenile board may be eligible [for state aid], a juvenile board
3-21 must demonstrate to the commission's satisfaction that the amount
3-22 of local or county funds budgeted for juvenile services is at least
3-23 equal to [or greater than] the amount spent, excluding construction
3-24 and capital outlay expenses, for those services in the 1994 [1980]
3-25 county fiscal year. The commission may waive this requirement only
3-26 if the juvenile board demonstrates to the commission that unusual,
3-27 catastrophic, or exceptional circumstances existed during the
4-1 relevant year to affect adversely the level of county funding. If
4-2 the required amount of local funding is not budgeted and the
4-3 commission does not grant a waiver, the commission shall reduce the
4-4 allocation of state aid funds to the juvenile board by the amount
4-5 equal to the amount that the county funding is below the required
4-6 funding.
4-7 SECTION 6. Section 141.085(a), Human Resources Code, is
4-8 amended to read as follows:
4-9 (a) The commission may [shall] refuse, reduce, or suspend
4-10 payment of state aid to:
4-11 (1) a juvenile board that fails to comply with the
4-12 commission's rules or fails to maintain local financial support;
4-13 or
4-14 (2) a county that fails to comply with the minimum
4-15 standards provided under Section 141.042(a)(4).
4-16 SECTION 7. Section 142.001, Human Resources Code, is amended
4-17 to read as follows:
4-18 Sec. 142.001. DEFINITION. In this chapter, "juvenile
4-19 probation services" means:
4-20 (1) services provided by or under the direction of a
4-21 juvenile probation officer in response to an order issued by a
4-22 juvenile court and under the court's direction, including:
4-23 (A) protective services;
4-24 (B) prevention of delinquent conduct and conduct
4-25 indicating a need for supervision;
4-26 (C) diversion;
4-27 (D) deferred prosecution [informal adjustment];
5-1 (E) foster care;
5-2 (F) counseling;
5-3 (G) supervision; and
5-4 (H) diagnostic, correctional, and educational
5-5 services; and
5-6 (2) services provided by a juvenile probation
5-7 department that are [is] related to the operation of a
5-8 preadjudication or post-adjudication juvenile [detention] facility.
5-9 SECTION 8. Section 142.003, Human Resources Code, is amended
5-10 by adding Subsection (c) to read as follows:
5-11 (c) A juvenile board may contract with another political
5-12 subdivision of the state or a private vendor for juvenile probation
5-13 services.
5-14 SECTION 9. Section 103, Chapter 262, Acts of the 74th
5-15 Legislature, Regular Session, 1995, is repealed.
5-16 SECTION 10. This Act takes effect September 1, 1997.
5-17 SECTION 11. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1917 was passed by the House on April
15, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1917 on May 23, 1997, by a non-record
vote; and that the House adopted H.C.R. No. 301 authorizing certain
corrections in H.B. No. 1917 on May 26, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1917 was passed by the Senate, with
amendments, on May 21, 1997, by a viva-voce vote; and that the
Senate adopted H.C.R. No. 301 authorizing certain corrections in
H.B. No. 1917 on May 28, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor