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. Sections 141.011(a) and (c), Human Resources
1-6 Code, are amended to read as follows:
1-7 (a) The commission consists of:
1-8 (1) two district court judges;
1-9 (2) two [one] county judges [judge] or commissioners
1-10 [commissioner]; and
1-11 (3) five [six] members of the public who are not
1-12 employees in the criminal or juvenile justice system.
1-13 (c) Appointments to the commission shall be made without
1-14 regard to the race, color, disability [handicap], sex, religion,
1-15 age, or national origin of the appointees.
1-16 SECTION 2. Section 141.012, Human Resources Code, is amended
1-17 to read as follows:
1-18 Sec. 141.012. SUNSET PROVISION. The Texas Juvenile
1-19 Probation Commission is subject to Chapter 325, Government Code
1-20 (Texas Sunset Act). Unless continued in existence as provided by
1-21 that chapter, the commission is abolished and this chapter expires
1-22 September 1, 2009 [1997].
1-23 SECTION 3. Subchapter B, Chapter 141, Human Resources Code,
1-24 is amended by adding Section 141.0145 to read as follows:
2-1 Sec. 141.0145. TRAINING FOR COMMISSION MEMBERS. (a) To be
2-2 eligible to take office as a member of the commission, a person
2-3 appointed to the commission must complete at least one course of a
2-4 training program that complies with this section.
2-5 (b) The training program must provide information to the
2-6 person regarding:
2-7 (1) the enabling legislation that created the
2-8 commission and its policymaking body to which the person is
2-9 appointed to serve;
2-10 (2) the programs operated by the commission;
2-11 (3) the role and functions of the commission;
2-12 (4) the rules of the commission with an emphasis on
2-13 the rules that relate to disciplinary and investigatory authority;
2-14 (5) the current budget for the commission;
2-15 (6) the results of the most recent formal audit of the
2-16 commission;
2-17 (7) the requirements of the:
2-18 (A) open meetings law, Chapter 551, Government
2-19 Code;
2-20 (B) open records law, Chapter 552, Government
2-21 Code; and
2-22 (C) administrative procedure law, Chapter 2001,
2-23 Government Code;
2-24 (8) the requirements of the conflict of interests laws
2-25 and other laws relating to public officials; and
2-26 (9) any applicable ethics policies adopted by the
2-27 commission or the Texas Ethics Commission.
3-1 (c) A person appointed to the commission is entitled to
3-2 reimbursement for travel expenses incurred in attending the
3-3 training program, as provided by the General Appropriations Act and
3-4 as if the person were a member of the commission.
3-5 SECTION 4. Section 141.016(a), Human Resources Code, is
3-6 amended to read as follows:
3-7 (a) The governor shall designate a presiding officer
3-8 [chairman and vice chairman] from among the commission members to
3-9 serve in that capacity at the pleasure of the governor.
3-10 SECTION 5. Sections 141.017(a) and (c), Human Resources
3-11 Code, are amended to read as follows:
3-12 (a) It is a ground for removal from the commission if a
3-13 member:
3-14 (1) does not have at the time of appointment the
3-15 qualifications required by Section 141.011;
3-16 (2) is not eligible for appointment to or service on
3-17 the commission as provided by Section 141.014(a);
3-18 (3) [(2)] violates a prohibition established by
3-19 Section 141.014(b), (c), or (d);
3-20 (4) [(3)] cannot discharge the member's duties for a
3-21 substantial part of the term for which the member is appointed
3-22 because of illness or disability; or
3-23 (5) [(4)] is absent from more than half of the
3-24 regularly scheduled commission meetings that the member is eligible
3-25 to attend during a calendar year unless the absence is excused by
3-26 majority vote of the commission.
3-27 (c) If the director has knowledge that a potential ground
4-1 for removal exists, the director shall notify the chairman of the
4-2 commission of the potential ground. The chairman shall then notify
4-3 the governor and the attorney general that a potential ground for
4-4 removal exists. If the potential ground for removal involves the
4-5 chairman, the director shall notify the next highest officer of the
4-6 commission, who shall notify the governor and the attorney general
4-7 that a potential ground for removal exists.
4-8 SECTION 6. Section 141.021, Human Resources Code, is amended
4-9 to read as follows:
4-10 Sec. 141.021. PERSONNEL POLICIES. (a) The commission shall
4-11 develop and implement policies that clearly separate the
4-12 policymaking responsibilities of the commission and the management
4-13 [define the respective] responsibilities of the director [members]
4-14 and staff of the commission.
4-15 (b) The director or the director's designee shall develop an
4-16 intra-agency career ladder program that addresses opportunities for
4-17 mobility and advancement for employees within the commission. The
4-18 program shall require intra-agency posting of all [nonentry level]
4-19 positions concurrently with any public posting.
4-20 (c) The director or the director's designee shall develop a
4-21 system of annual job performance evaluations that are based on
4-22 documented employee performance. All merit pay for commission
4-23 employees must be based on the system established under this
4-24 subsection.
4-25 (d) The director or the director's designee [commission]
4-26 shall provide to the commission's [its] members and employees, as
4-27 often as necessary, information regarding their qualifications
5-1 under this chapter and their responsibilities under applicable laws
5-2 relating to standards of conduct for state officers or employees.
5-3 (e) The director or the director's designee shall prepare
5-4 and maintain [adopt] a written policy statement to assure
5-5 implementation of a program of equal employment opportunity under
5-6 which all personnel transactions are made without regard to race,
5-7 color, disability [handicap], sex, religion, age, or national
5-8 origin. The statement must cover an annual period and be updated
5-9 at least annually. The statement must include:
5-10 (1) personnel policies, including policies relating to
5-11 recruitment, evaluation, selection, appointment, training, and
5-12 promotion of personnel, that are in compliance with requirements of
5-13 Chapter 21, Labor Code;
5-14 (2) a comprehensive analysis of the commission work
5-15 force that meets federal and state guidelines; and
5-16 (3) procedures by which a determination can be made of
5-17 significant underutilization in the commission work force of all
5-18 persons for whom federal or state guidelines encourage a more
5-19 equitable balance and reasonable methods to appropriately address
5-20 those areas of significant underutilization.
5-21 (f) A policy statement adopted under Subsection (e) must
5-22 cover an annual period, be updated annually and reviewed by the
5-23 Commission on Human Rights for compliance with Subsection (e)(1),
5-24 and shall be filed with the governor. The governor shall furnish a
5-25 biennial report to the legislature based on the information in the
5-26 policy statement. The report may be made separately or as a part
5-27 of other biennial reports made to the legislature.
6-1 SECTION 7. Section 141.042(e), Human Resources Code, is
6-2 amended to read as follows:
6-3 (e) Juvenile probation departments shall use the [The
6-4 commission shall develop for voluntary use by juvenile probation
6-5 departments a] standard assessment tool developed by the commission
6-6 or a similar tool developed by a juvenile probation department and
6-7 approved by the commission for the initial assessment of children
6-8 under the jurisdiction of probation departments. The commission
6-9 shall give priority to training in the use of this tool in any
6-10 preservice or in-service training that the commission provides for
6-11 probation officers. Juvenile probation departments shall report
6-12 the information relating to the results from the use of the
6-13 standard assessment tool or other similar tool to the commission in
6-14 a manner prescribed by the commission. The assessment tool shall:
6-15 (1) facilitate assessment of a child's mental health,
6-16 family background, and level of education; and
6-17 (2) assist juvenile probation departments in
6-18 determining when a child in the department's jurisdiction is in
6-19 need of comprehensive psychological or other evaluation.
6-20 SECTION 8. Subchapter C, Chapter 141, Human Resources Code,
6-21 is amended by adding Section 141.0421 to read as follows:
6-22 Sec. 141.0421. STANDARDS RELATING TO LOCAL PROBATION
6-23 DEPARTMENTS. (a) The commission shall adopt rules that provide:
6-24 (1) standards for the collection and reporting of
6-25 information about juvenile offenders by local probation
6-26 departments;
6-27 (2) performance measures to determine the
7-1 effectiveness of probation services provided by local probation
7-2 departments; and
7-3 (3) case management standards for all probation
7-4 services provided by local probation departments.
7-5 (b) The commission shall monitor local probation departments
7-6 for compliance with the standards and measures that the commission
7-7 adopts.
7-8 (c) The commission shall provide technical assistance to
7-9 local probation departments to aid compliance with the standards
7-10 and measures that the commission adopts.
7-11 SECTION 9. Subchapter C, Chapter 141, Human Resources Code,
7-12 is amended by adding Sections 141.050-141.054 to read as follows:
7-13 Sec. 141.050. CONTRACT STANDARDS. (a) In each contract
7-14 with counties for local probation services, the commission shall
7-15 include:
7-16 (1) clearly defined contract goals, outputs, and
7-17 measurable outcomes that relate directly to program objectives;
7-18 (2) clearly defined sanctions or penalties for failure
7-19 to comply with or perform contract terms or conditions; and
7-20 (3) clearly specified accounting, reporting, and
7-21 auditing requirements applicable to money received under the
7-22 contract.
7-23 (b) The commission shall require each local juvenile
7-24 probation department:
7-25 (1) to include the provisions of Subsection (a) in its
7-26 contracts with private service providers that involve the use of
7-27 state funds; and
8-1 (2) to use data relating to the performance of private
8-2 service providers in prior contracts as a factor in selecting
8-3 providers to receive contracts.
8-4 Sec. 141.051. CONTRACT MONITORING. The commission shall
8-5 establish a formal program to monitor contracts under Section
8-6 141.050 made by the commission. The commission must:
8-7 (1) monitor compliance with financial and performance
8-8 requirements using a risk assessment methodology; and
8-9 (2) obtain and evaluate program cost information to
8-10 ensure that each cost, including an administrative cost, is
8-11 reasonable and necessary to achieve program objectives.
8-12 Sec. 141.052. MEDICAID BENEFITS. The commission shall:
8-13 (1) identify areas in which federal Medicaid program
8-14 benefits could be used in a manner that is cost-effective for
8-15 children in the juvenile justice system;
8-16 (2) develop a program to encourage application for and
8-17 receipt of Medicaid benefits;
8-18 (3) provide technical assistance to counties relating
8-19 to eligibility for Medicaid benefits; and
8-20 (4) monitor the extent to which counties make use of
8-21 Medicaid benefits.
8-22 Sec. 141.053. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The
8-23 commission shall comply with federal and state laws relating to
8-24 program and facility accessibility. The executive director shall
8-25 also prepare and maintain a written plan that describes how a
8-26 person who does not speak English can be provided reasonable access
8-27 to the commission's programs and services.
9-1 Sec. 141.054. CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.
9-2 (a) The only entities other than the state authorized to operate a
9-3 correctional facility to house in this state juvenile inmates
9-4 convicted of offenses committed against the laws of another state
9-5 of the United States are:
9-6 (1) a county or municipality; and
9-7 (2) a private vendor operating a correctional facility
9-8 under a contract with a county or municipality.
9-9 (b) The commission shall develop rules, procedures, and
9-10 minimum standards applicable to county or private correctional
9-11 facilities housing out-of-state juvenile inmates. A contract made
9-12 under Subsection (a) of this section shall require the county,
9-13 municipality, or private vendor to operate the facility in
9-14 compliance with minimum standards adopted by the commission.
9-15 SECTION 10. The change in law made by this Act to Section
9-16 141.011(a), Human Resources Code, does not affect the entitlement
9-17 of a member serving on the commission immediately before the
9-18 effective date of this Act to continue to carry out the functions
9-19 of the commission for the remainder of the member's term. The
9-20 change in law made by this Act to that section applies only to a
9-21 member appointed on or after the effective date of this Act. This
9-22 Act does not prohibit a person who is a member of the commission on
9-23 the effective date of this Act from being reappointed to the
9-24 commission if the person has the qualifications required for a
9-25 member under Chapter 141, Human Resources Code, as amended by this
9-26 Act.
9-27 SECTION 11. This Act takes effect September 1, 1997.
10-1 SECTION 12. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 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. 2073 was passed by the House on April
22, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2073 on May 12, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2073 was passed by the Senate, with
amendments, on May 8, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor