By Hightower H.B. No. 2073
75R1788 DAK-D
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) Before
1-20 a member of the commission may assume the member's duties and
1-21 before the member may be confirmed by the senate, the member must
1-22 complete at least one course of the training program established
1-23 under this section.
1-24 (b) A training program established under this section shall
2-1 provide information to the member regarding:
2-2 (1) the enabling legislation that created the
2-3 commission;
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 interest 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 SECTION 4. Section 141.016(a), Human Resources Code, is
2-23 amended to read as follows:
2-24 (a) The governor shall designate a presiding officer
2-25 [chairman and vice-chairman] from among the commission members to
2-26 serve in that capacity at the pleasure of the governor.
2-27 SECTION 5. Sections 141.017(a) and (c), Human Resources
3-1 Code, are amended to read as follows:
3-2 (a) It is a ground for removal from the commission if a
3-3 member:
3-4 (1) does not have at the time of appointment the
3-5 qualifications required by Section 141.011;
3-6 (2) is not eligible for appointment to or service on
3-7 the commission as provided by Section 141.014(a);
3-8 (3) [(2)] violates a prohibition established by
3-9 Section 141.014(b), (c), or (d);
3-10 (4) [(3)] cannot discharge the member's duties for a
3-11 substantial part of the term for which the member is appointed
3-12 because of illness or disability; or
3-13 (5) [(4)] is absent from more than half of the
3-14 regularly scheduled commission meetings that the member is eligible
3-15 to attend during a calendar year unless the absence is excused by
3-16 majority vote of the commission.
3-17 (c) If the director has knowledge that a potential ground
3-18 for removal exists, the director shall notify the chairman of the
3-19 commission of the potential ground. The chairman shall then notify
3-20 the governor and the attorney general that a potential ground for
3-21 removal exists. If the potential ground for removal involves the
3-22 chairman, the director shall notify the next highest officer of the
3-23 commission, who shall notify the governor and the attorney general
3-24 that a potential ground for removal exists.
3-25 SECTION 6. Section 141.021, Human Resources Code, is amended
3-26 to read as follows:
3-27 Sec. 141.021. PERSONNEL POLICIES. (a) The commission shall
4-1 develop and implement policies that clearly separate the
4-2 policymaking responsibilities of the commission and the management
4-3 [define the respective] responsibilities of the director [members]
4-4 and staff of the commission.
4-5 (b) The director or the director's designee shall develop an
4-6 intra-agency career ladder program that addresses opportunities for
4-7 mobility and advancement for employees within the commission. The
4-8 program shall require intra-agency posting of all [nonentry level]
4-9 positions concurrently with any public posting.
4-10 (c) The director or the director's designee shall develop a
4-11 system of annual job performance evaluations that are based on
4-12 documented employee performance. All merit pay for commission
4-13 employees must be based on the system established under this
4-14 subsection.
4-15 (d) The director or the director's designee [commission]
4-16 shall provide to the commission's [its] members and employees, as
4-17 often as necessary, information regarding their qualifications
4-18 under this chapter and their responsibilities under applicable laws
4-19 relating to standards of conduct for state officers or employees.
4-20 (e) The director or the director's designee shall prepare
4-21 and maintain [adopt] a written policy statement to assure
4-22 implementation of a program of equal employment opportunity under
4-23 which all personnel transactions are made without regard to race,
4-24 color, disability [handicap], sex, religion, age, or national
4-25 origin. The statement must cover an annual period and be updated
4-26 at least annually. The statement must include:
4-27 (1) personnel policies, including policies relating to
5-1 recruitment, evaluation, selection, appointment, training, and
5-2 promotion of personnel, that are in compliance with requirements of
5-3 Chapter 21, Labor Code;
5-4 (2) a comprehensive analysis of the commission work
5-5 force that meets federal and state guidelines; and
5-6 (3) procedures by which a determination can be made of
5-7 significant underutilization in the commission work force of all
5-8 persons for whom federal or state guidelines encourage a more
5-9 equitable balance and reasonable methods to appropriately address
5-10 those areas of significant underutilization.
5-11 (f) A policy statement adopted under Subsection (e) must
5-12 cover an annual period, be updated annually and reviewed by the
5-13 Commission on Human Rights for compliance with Subsection (e)(1),
5-14 and shall be filed with the governor. The governor shall furnish a
5-15 biennial report to the legislature based on the information in the
5-16 policy statement. The report may be made separately or as a part
5-17 of other biennial reports made to the legislature.
5-18 SECTION 7. Section 141.042(e), Human Resources Code, is
5-19 amended to read as follows:
5-20 (e) Juvenile probation departments shall use the [The
5-21 commission shall develop for voluntary use by juvenile probation
5-22 departments a] standard assessment tool developed by the commission
5-23 or a similar tool developed by a juvenile probation department and
5-24 approved by the commission for the initial assessment of children
5-25 under the jurisdiction of probation departments. The commission
5-26 shall give priority to training in the use of this tool in any
5-27 preservice or in-service training that the commission provides for
6-1 probation officers. Juvenile probation departments shall report
6-2 the information relating to the results from the use of the
6-3 standard assessment tool or other similar tool to the commission in
6-4 a manner prescribed by the commission. The assessment tool shall:
6-5 (1) facilitate assessment of a child's mental health,
6-6 family background, and level of education; and
6-7 (2) assist juvenile probation departments in
6-8 determining when a child in the department's jurisdiction is in
6-9 need of comprehensive psychological or other evaluation.
6-10 SECTION 8. Subchapter C, Chapter 141, Human Resources Code,
6-11 is amended by adding Section 141.0421 to read as follows:
6-12 Sec. 141.0421. STANDARDS RELATING TO LOCAL PROBATION
6-13 DEPARTMENTS. (a) The commission shall adopt rules that provide:
6-14 (1) standards for the collection and reporting of
6-15 information about juvenile offenders by local probation
6-16 departments;
6-17 (2) performance measures to determine the
6-18 effectiveness of probation services provided by local probation
6-19 departments; and
6-20 (3) case management standards for all probation
6-21 services provided by local probation departments.
6-22 (b) The commission shall monitor local probation departments
6-23 for compliance with the standards and measures that the commission
6-24 adopts.
6-25 (c) The commission shall provide technical assistance to
6-26 local probation departments to aid compliance with the standards
6-27 and measures that the commission adopts.
7-1 SECTION 9. Subchapter C, Chapter 141, Human Resources Code,
7-2 is amended by adding Sections 141.050-141.053 to read as follows:
7-3 Sec. 141.050. CONTRACT STANDARDS. (a) In each contract
7-4 with counties for local probation services, the commission shall
7-5 include:
7-6 (1) clearly defined contract goals, outputs, and
7-7 measurable outcomes that relate directly to program objectives;
7-8 (2) clearly defined sanctions or penalties for failure
7-9 to comply with or perform contract terms or conditions; and
7-10 (3) clearly specified accounting, reporting, and
7-11 auditing requirements applicable to money received under the
7-12 contract.
7-13 (b) The commission shall require each local juvenile
7-14 probation department:
7-15 (1) to include the provisions of Subsection (a) in its
7-16 contracts with private service providers that involve the use of
7-17 state funds; and
7-18 (2) to use data relating to the performance of private
7-19 service providers in prior contracts as a factor in selecting
7-20 providers to receive contracts.
7-21 Sec. 141.051. CONTRACT MONITORING. The commission shall
7-22 establish a formal program to monitor contracts under Section
7-23 141.050 made by the commission. The commission must:
7-24 (1) monitor compliance with financial and performance
7-25 requirements using a risk assessment methodology; and
7-26 (2) obtain and evaluate program cost information to
7-27 ensure that each cost, including an administrative cost, is
8-1 reasonable and necessary to achieve program objectives.
8-2 Sec. 141.052. MEDICAID BENEFITS. The commission shall:
8-3 (1) identify areas in which federal Medicaid program
8-4 benefits could be used in a manner that is cost-effective for
8-5 children in the juvenile justice system;
8-6 (2) develop a program to encourage application for and
8-7 receipt of Medicaid benefits;
8-8 (3) provide technical assistance to counties relating
8-9 to eligibility for Medicaid benefits; and
8-10 (4) monitor the extent to which counties make use of
8-11 Medicaid benefits.
8-12 Sec. 141.053. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The
8-13 commission shall comply with federal and state laws relating to
8-14 program and facility accessibility. The executive director shall
8-15 also prepare and maintain a written plan that describes how a
8-16 person who does not speak English can be provided reasonable access
8-17 to the commission's programs and services.
8-18 SECTION 10. Subchapter E, Chapter 141, Human Resources Code,
8-19 is amended by adding Section 141.087 to read as follows:
8-20 Sec. 141.087. COUNTY PILOT PROGRAMS IN POOLING OF FUNDS AND
8-21 RESOURCES. (a) The commission shall, jointly with the Texas Youth
8-22 Commission, establish pilot county programs as provided by this
8-23 section to allow the pooling of state and local funds to provide a
8-24 complete array of services, including delinquency prevention
8-25 services, to children within the juvenile justice system in the
8-26 area served by the program.
8-27 (b) Participation by a county in a pilot program is
9-1 voluntary.
9-2 (c) A county that participates in a pilot program:
9-3 (1) may not reduce its own funding level for services
9-4 to children within the juvenile justice system below the level in
9-5 the fiscal year before beginning participation in the pilot
9-6 program;
9-7 (2) is entitled to state funds allocated to the county
9-8 for the purpose of the program in addition to the county's basic
9-9 probation funding, including funds received from the commission;
9-10 (3) is responsible for providing to children within
9-11 the juvenile justice system in the county all services relating to
9-12 the system, including paying for each commitment of a child to the
9-13 Texas Youth Commission except for a child committed at a sanction
9-14 level seven under Section 59.010, Family Code;
9-15 (4) shall comply with all applicable commission
9-16 standards; and
9-17 (5) shall report on the use and evaluate the
9-18 effectiveness of the program.
9-19 (d) In choosing counties for a pilot program, the commission
9-20 shall ensure that there is representation from counties of
9-21 different populations and geographic regions to the extent possible
9-22 to maximize participation with available funding.
9-23 (e) The commission shall, in cooperation with the Texas
9-24 Youth Commission, adopt rules that establish standards for the
9-25 administration and operation of a pilot program.
9-26 (f) The commission shall, jointly with the Texas Youth
9-27 Commission, submit a report that includes an evaluation of the
10-1 pilot programs under this section and recommendations relating to
10-2 the statewide establishment of the programs not later than January
10-3 1, 2001, to the:
10-4 (1) lieutenant governor;
10-5 (2) speaker of the house of representatives;
10-6 (3) chairmen of the House Appropriations Committee and
10-7 the Senate Finance Committee; and
10-8 (4) chairmen of the committees in the house of
10-9 representatives and the senate with jurisdiction over juvenile
10-10 justice and juvenile probation matters.
10-11 (g) The commission, jointly with the Texas Youth Commission,
10-12 shall develop a system to compute the amount of money to be
10-13 allocated to participating counties using the following criteria:
10-14 (1) the projected yearly number of commitments for
10-15 each participating county, minus the projected number of
10-16 commitments to the Texas Youth Commission from sanction level seven
10-17 juvenile offenders under Section 59.010, Family Code;
10-18 (2) the average cost per day to house and provide
10-19 services to a child committed to the commission; and
10-20 (3) the average length of stay for commitments.
10-21 (h) The commission shall distribute money for the pilot
10-22 programs under this section in the same manner as basic juvenile
10-23 probation money except that participating counties shall receive
10-24 money for the pilot programs monthly. Costs associated with a
10-25 child committed to the commission from that program shall be
10-26 subtracted from a county's monthly program allotment and
10-27 transferred to the Texas Youth Commission account in the general
11-1 revenue fund. The amount of money to be subtracted from a county's
11-2 allotment is computed on the cost per day for a child committed to
11-3 the Texas Youth Commission as provided under Subsection (g).
11-4 SECTION 11. The Texas Juvenile Probation Commission shall
11-5 develop county pilot programs as required by Section 141.087, Human
11-6 Resources Code, as added by this Act, and establish rules and
11-7 standards to be applied in the administration of the programs, not
11-8 later than January 1, 1998.
11-9 SECTION 12. This Act takes effect September 1, 1997.
11-10 SECTION 13. The importance of this legislation and the
11-11 crowded condition of the calendars in both houses create an
11-12 emergency and an imperative public necessity that the
11-13 constitutional rule requiring bills to be read on three several
11-14 days in each house be suspended, and this rule is hereby suspended.