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