By Hightower                                          H.B. No. 2073

         75R11102 E                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the continuation and functions of the Texas Juvenile

 1-3     Probation Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 141.011(c), Human Resources Code, is

 1-6     amended to read as follows:

 1-7           (c)  Appointments to the commission shall be made without

 1-8     regard to the race, color, disability [handicap], sex, religion,

 1-9     age, or national origin of the appointees.

1-10           SECTION 2.  Section 141.012, Human Resources Code, is amended

1-11     to read as follows:

1-12           Sec. 141.012.  SUNSET PROVISION.  The Texas Juvenile

1-13     Probation Commission is subject to Chapter 325, Government Code

1-14     (Texas Sunset Act).  Unless continued in existence as provided by

1-15     that chapter, the commission is abolished and this chapter expires

1-16     September 1, 2009 [1997].

1-17           SECTION 3.  Subchapter B, Chapter 141, Human Resources Code,

1-18     is amended by adding Section 141.0145 to read as follows:

1-19           Sec. 141.0145.  TRAINING FOR COMMISSION MEMBERS.  (a)  To be

1-20     eligible to take office as a member of the commission, a person

1-21     appointed to the commission must complete at least one course of a

1-22     training program that complies with this section.

1-23           (b)  The training program must provide information to the

1-24     person regarding:

 2-1                 (1)  the enabling legislation that created the

 2-2     commission and its policymaking body to which the person is

 2-3     appointed to serve;

 2-4                 (2)  the programs operated by the commission;

 2-5                 (3)  the role and functions of the commission;

 2-6                 (4)  the rules of the commission with an emphasis on

 2-7     the rules that relate to disciplinary and investigatory authority;

 2-8                 (5)  the current budget for the commission;

 2-9                 (6)  the results of the most recent formal audit of the

2-10     commission;

2-11                 (7)  the requirements of the:

2-12                       (A)  open meetings law, Chapter 551, Government

2-13     Code;

2-14                       (B)  open records law, Chapter 552, Government

2-15     Code; and

2-16                       (C)  administrative procedure law, Chapter 2001,

2-17     Government Code;

2-18                 (8)  the requirements of the conflict of interests laws

2-19     and other laws relating to public officials; and

2-20                 (9)  any applicable ethics policies adopted by the

2-21     commission or the Texas Ethics Commission.

2-22           (c)  A person appointed to the commission is entitled to

2-23     reimbursement for travel expenses incurred in attending the

2-24     training program, as provided by the General Appropriations Act and

2-25     as if the person were a member of the commission.

2-26           SECTION 4.  Section 141.016(a), Human Resources Code, is

2-27     amended to read as follows:

 3-1           (a)  The governor shall designate a presiding officer

 3-2     [chairman and vice chairman] from among the commission members to

 3-3     serve in that capacity at the pleasure of the governor.

 3-4           SECTION 5.  Sections 141.017(a) and (c), Human Resources

 3-5     Code, are amended to read as follows:

 3-6           (a)  It is a ground for removal from the commission if a

 3-7     member:

 3-8                 (1)  does not have at the time of appointment the

 3-9     qualifications required by Section 141.011;

3-10                 (2)  is not eligible for appointment to or service on

3-11     the commission as provided by Section 141.014(a);

3-12                 (3) [(2)]  violates a prohibition established by

3-13     Section 141.014(b), (c), or (d);

3-14                 (4) [(3)]  cannot discharge the member's duties for a

3-15     substantial part of the term for which the member is appointed

3-16     because of illness or disability;  or

3-17                 (5) [(4)]  is absent from more than half of the

3-18     regularly scheduled commission meetings that the member is eligible

3-19     to attend during a calendar year unless the absence is excused by

3-20     majority vote of the commission.

3-21           (c)  If the director has knowledge that a potential ground

3-22     for removal exists, the director shall notify the chairman of the

3-23     commission of the potential ground.  The chairman shall then notify

3-24     the governor and the attorney general that a potential ground for

3-25     removal exists.  If the potential ground for removal involves the

3-26     chairman, the director shall notify the next highest officer of the

3-27     commission, who shall notify the governor and the attorney general

 4-1     that a potential ground for removal exists.

 4-2           SECTION 6.  Section 141.021, Human Resources Code, is amended

 4-3     to read as follows:

 4-4           Sec. 141.021.  PERSONNEL POLICIES.  (a)  The commission shall

 4-5     develop and implement policies that clearly separate the

 4-6     policymaking responsibilities of the commission and the management

 4-7     [define the  respective] responsibilities of the director [members]

 4-8     and staff of the commission.

 4-9           (b)  The director or the director's designee shall develop an

4-10     intra-agency career ladder program that addresses opportunities for

4-11     mobility and advancement for employees within the commission.  The

4-12     program shall require intra-agency posting of all [nonentry level]

4-13     positions concurrently with any public posting.

4-14           (c)  The director or the director's designee shall develop a

4-15     system of annual job performance evaluations that are based on

4-16     documented  employee performance.  All merit pay for commission

4-17     employees must be based on the system established under this

4-18     subsection.

4-19           (d)  The director or the director's designee [commission]

4-20     shall provide to the commission's [its] members and employees, as

4-21     often as necessary, information regarding their qualifications

4-22     under this chapter and their responsibilities under applicable laws

4-23     relating to standards of conduct for state officers or employees.

4-24           (e)  The director or the director's designee shall prepare

4-25     and maintain [adopt] a written policy statement to assure

4-26     implementation of a program of equal employment opportunity under

4-27     which all personnel transactions are made without regard to race,

 5-1     color, disability [handicap], sex, religion, age, or national

 5-2     origin.  The statement must cover an annual period and be updated

 5-3     at least annually.  The statement must include:

 5-4                 (1)  personnel policies, including policies relating to

 5-5     recruitment, evaluation, selection, appointment, training, and

 5-6     promotion of personnel, that are in compliance with requirements of

 5-7     Chapter 21, Labor Code;

 5-8                 (2)  a comprehensive analysis of the commission work

 5-9     force that meets federal and state guidelines;  and

5-10                 (3)  procedures by which a determination can be made of

5-11     significant underutilization in the commission work force of all

5-12     persons for whom federal or state guidelines encourage a more

5-13     equitable balance and reasonable methods to appropriately address

5-14     those areas of significant underutilization.

5-15           (f)  A policy statement adopted under Subsection (e) must

5-16     cover an annual period, be updated annually and reviewed by the

5-17     Commission on Human Rights for compliance with Subsection (e)(1),

5-18     and shall be filed with the governor.  The governor shall furnish a

5-19     biennial report to the legislature based on the information in the

5-20     policy statement.  The report may be made separately or as a part

5-21     of other biennial reports made to the legislature.

5-22           SECTION 7.  Section 141.042(e), Human Resources Code, is

5-23     amended to read as follows:

5-24           (e)  Juvenile probation departments shall use the [The

5-25     commission shall develop for voluntary use by juvenile probation

5-26     departments a] standard assessment tool developed by the commission

5-27     or a similar tool developed by a juvenile probation department and

 6-1     approved by the commission for the initial  assessment of children

 6-2     under the jurisdiction of probation departments.  The commission

 6-3     shall give priority to training in the use of this tool in any

 6-4     preservice or in-service training that the commission provides for

 6-5     probation officers.   Juvenile probation departments shall report

 6-6     the information relating to the results from the use of the

 6-7     standard assessment tool or other similar tool to the commission in

 6-8     a manner prescribed by the commission.  The assessment tool shall:

 6-9                 (1)  facilitate assessment of a child's mental health,

6-10     family background, and level of education;  and

6-11                 (2)  assist juvenile probation departments in

6-12     determining when a child in the department's jurisdiction is in

6-13     need of comprehensive psychological or other evaluation.

6-14           SECTION 8.  Subchapter C, Chapter 141, Human Resources Code,

6-15     is amended by adding Section 141.0421 to read as follows:

6-16           Sec. 141.0421.  STANDARDS RELATING TO LOCAL PROBATION

6-17     DEPARTMENTS.  (a)  The commission shall adopt rules that provide:

6-18                 (1)  standards for the collection and reporting of

6-19     information about juvenile offenders by local probation

6-20     departments;

6-21                 (2)  performance measures to determine the

6-22     effectiveness of probation services provided by local probation

6-23     departments; and

6-24                 (3)  case management standards for all probation

6-25     services provided by local probation departments.

6-26           (b)  The commission shall monitor local probation departments

6-27     for compliance with the standards and measures that the commission

 7-1     adopts.

 7-2           (c)  The commission shall provide technical assistance to

 7-3     local probation departments to aid compliance with the standards

 7-4     and measures that the commission adopts.

 7-5           SECTION 9.  Subchapter C, Chapter 141, Human Resources Code,

 7-6     is amended by adding Sections 141.050-141.054 to read as follows:

 7-7           Sec. 141.050.  CONTRACT STANDARDS.  (a)  In each contract

 7-8     with counties for local probation services, the commission shall

 7-9     include:

7-10                 (1)  clearly defined contract goals, outputs, and

7-11     measurable outcomes that relate directly to program objectives;

7-12                 (2)  clearly defined sanctions or penalties for failure

7-13     to comply with or perform contract terms or conditions; and

7-14                 (3)  clearly specified accounting, reporting, and

7-15     auditing requirements applicable to money received under the

7-16     contract.

7-17           (b)  The commission shall require each local juvenile

7-18     probation department:

7-19                 (1)  to include the provisions of Subsection (a) in its

7-20     contracts with private service providers that involve the use of

7-21     state funds; and

7-22                 (2)  to use data relating to the performance of private

7-23     service providers in prior contracts as a factor in selecting

7-24     providers to receive contracts.

7-25           Sec. 141.051.  CONTRACT MONITORING.  The commission shall

7-26     establish a formal program to monitor contracts under Section

7-27     141.050 made by the commission.  The commission must:

 8-1                 (1)  monitor compliance with financial and performance

 8-2     requirements using a risk assessment methodology; and

 8-3                 (2)  obtain and evaluate program cost information to

 8-4     ensure that each cost, including an administrative cost, is

 8-5     reasonable and necessary to achieve program objectives.

 8-6           Sec. 141.052.  MEDICAID BENEFITS.  The commission shall:

 8-7                 (1)  identify areas in which federal Medicaid program

 8-8     benefits could be used in a manner that is cost-effective for

 8-9     children in the juvenile justice system;

8-10                 (2)  develop a program to encourage application for and

8-11     receipt of Medicaid benefits;

8-12                 (3)  provide technical assistance to counties relating

8-13     to eligibility for Medicaid benefits; and

8-14                 (4)  monitor the extent to which counties make use of

8-15     Medicaid benefits.

8-16           Sec. 141.053.  ACCESSIBILITY TO PROGRAMS AND FACILITIES.  The

8-17     commission shall comply with federal and state laws relating to

8-18     program and facility accessibility.  The executive director shall

8-19     also prepare and maintain a written plan that describes how a

8-20     person who does not speak English can be provided reasonable access

8-21     to the commission's programs and services.

8-22           Sec. 141.054.  CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.

8-23     (a)  The only entities other than the state authorized to operate a

8-24     correctional facility to house in this state juvenile inmates

8-25     convicted of offenses committed against the laws of another state

8-26     of the United States are:

8-27                 (1)  a county or municipality; and

 9-1                 (2)  a private vendor operating a correctional facility

 9-2     under a contract with a county or municipality.

 9-3           (b)  The commission shall develop rules, procedures, and

 9-4     minimum standards applicable to county or private correctional

 9-5     facilities housing out-of-state juvenile inmates.  A contract made

 9-6     under Subsection (a) of this section shall require the county,

 9-7     municipality, or private vendor to operate the facility in

 9-8     compliance with minimum standards adopted by the commission.

 9-9           SECTION 10.  This Act takes effect September 1, 1997.

9-10           SECTION 11.  The importance of this legislation and the

9-11     crowded condition of the calendars in both houses create an

9-12     emergency and an imperative public necessity that the

9-13     constitutional rule requiring bills to be read on three several

9-14     days in each house be suspended, and this rule is hereby suspended.