1-1     By:  Hightower (Senate Sponsor - Brown)               H.B. No. 2073

 1-2           (In the Senate - Received from the House April 23, 1997;

 1-3     April 24, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 2, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; May 2, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the continuation and functions of the Texas Juvenile

 1-9     Probation Commission.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 141.011(c), Human Resources Code, is

1-12     amended to read as follows:

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:

1-25           Sec. 141.0145.  TRAINING FOR COMMISSION MEMBERS.  (a)  To be

1-26     eligible to take office as a member of the commission, a person

1-27     appointed to the commission must complete at least one course of a

1-28     training program that complies with this section.

1-29           (b)  The training program must provide information to the

1-30     person regarding:

1-31                 (1)  the enabling legislation that created the

1-32     commission and its policymaking body to which the person is

1-33     appointed to serve;

1-34                 (2)  the programs operated by the commission;

1-35                 (3)  the role and functions of the commission;

1-36                 (4)  the rules of the commission with an emphasis on

1-37     the rules that relate to disciplinary and investigatory authority;

1-38                 (5)  the current budget for the commission;

1-39                 (6)  the results of the most recent formal audit of the

1-40     commission;

1-41                 (7)  the requirements of the:

1-42                       (A)  open meetings law, Chapter 551, Government

1-43     Code;

1-44                       (B)  open records law, Chapter 552, Government

1-45     Code; and

1-46                       (C)  administrative procedure law, Chapter 2001,

1-47     Government Code;

1-48                 (8)  the requirements of the conflict of interests laws

1-49     and other laws relating to public officials; and

1-50                 (9)  any applicable ethics policies adopted by the

1-51     commission or the Texas Ethics Commission.

1-52           (c)  A person appointed to the commission is entitled to

1-53     reimbursement for travel expenses incurred in attending the

1-54     training program, as provided by the General Appropriations Act and

1-55     as if the person were a member of the commission.

1-56           SECTION 4.  Section 141.016(a), Human Resources Code, is

1-57     amended to read as follows:

1-58           (a)  The governor shall designate a presiding officer

1-59     [chairman and vice chairman] from among the commission members to

1-60     serve in that capacity at the pleasure of the governor.

1-61           SECTION 5.  Sections 141.017(a) and (c), Human Resources

1-62     Code, are amended to read as follows:

1-63           (a)  It is a ground for removal from the commission if a

1-64     member:

 2-1                 (1)  does not have at the time of appointment the

 2-2     qualifications required by Section 141.011;

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

 2-4     the commission as provided by Section 141.014(a);

 2-5                 (3) [(2)]  violates a prohibition established by

 2-6     Section 141.014(b), (c), or (d);

 2-7                 (4) [(3)]  cannot discharge the member's duties for a

 2-8     substantial part of the term for which the member is appointed

 2-9     because of illness or disability;  or

2-10                 (5) [(4)]  is absent from more than half of the

2-11     regularly scheduled commission meetings that the member is eligible

2-12     to attend during a calendar year unless the absence is excused by

2-13     majority vote of the commission.

2-14           (c)  If the director has knowledge that a potential ground

2-15     for removal exists, the director shall notify the chairman of the

2-16     commission of the potential ground.  The chairman shall then notify

2-17     the governor and the attorney general that a potential ground for

2-18     removal exists.  If the potential ground for removal involves the

2-19     chairman, the director shall notify the next highest officer of the

2-20     commission, who shall notify the governor and the attorney general

2-21     that a potential ground for removal exists.

2-22           SECTION 6.  Section 141.021, Human Resources Code, is amended

2-23     to read as follows:

2-24           Sec. 141.021.  PERSONNEL POLICIES.  (a)  The commission shall

2-25     develop and implement policies that clearly separate the

2-26     policymaking responsibilities of the commission and the management

2-27     [define the  respective] responsibilities of the director [members]

2-28     and staff of the commission.

2-29           (b)  The director or the director's designee shall develop an

2-30     intra-agency career ladder program that addresses opportunities for

2-31     mobility and advancement for employees within the commission.  The

2-32     program shall require intra-agency posting of all [nonentry level]

2-33     positions concurrently with any public posting.

2-34           (c)  The director or the director's designee shall develop a

2-35     system of annual job performance evaluations that are based on

2-36     documented  employee performance.  All merit pay for commission

2-37     employees must be based on the system established under this

2-38     subsection.

2-39           (d)  The director or the director's designee [commission]

2-40     shall provide to the commission's [its] members and employees, as

2-41     often as necessary, information regarding their qualifications

2-42     under this chapter and their responsibilities under applicable laws

2-43     relating to standards of conduct for state officers or employees.

2-44           (e)  The director or the director's designee shall prepare

2-45     and maintain [adopt] a written policy statement to assure

2-46     implementation of a program of equal employment opportunity under

2-47     which all personnel transactions are made without regard to race,

2-48     color, disability [handicap], sex, religion, age, or national

2-49     origin.  The statement must cover an annual period and be updated

2-50     at least annually.  The statement must include:

2-51                 (1)  personnel policies, including policies relating to

2-52     recruitment, evaluation, selection, appointment, training, and

2-53     promotion of personnel, that are in compliance with requirements of

2-54     Chapter 21, Labor Code;

2-55                 (2)  a comprehensive analysis of the commission work

2-56     force that meets federal and state guidelines;  and

2-57                 (3)  procedures by which a determination can be made of

2-58     significant underutilization in the commission work force of all

2-59     persons for whom federal or state guidelines encourage a more

2-60     equitable balance and reasonable methods to appropriately address

2-61     those areas of significant underutilization.

2-62           (f)  A policy statement adopted under Subsection (e) must

2-63     cover an annual period, be updated annually and reviewed by the

2-64     Commission on Human Rights for compliance with Subsection (e)(1),

2-65     and shall be filed with the governor.  The governor shall furnish a

2-66     biennial report to the legislature based on the information in the

2-67     policy statement.  The report may be made separately or as a part

2-68     of other biennial reports made to the legislature.

2-69           SECTION 7.  Section 141.042(e), Human Resources Code, is

 3-1     amended to read as follows:

 3-2           (e)  Juvenile probation departments shall use the [The

 3-3     commission shall develop for voluntary use by juvenile probation

 3-4     departments a] standard assessment tool developed by the commission

 3-5     or a similar tool developed by a juvenile probation department and

 3-6     approved by the commission for the initial  assessment of children

 3-7     under the jurisdiction of probation departments.  The commission

 3-8     shall give priority to training in the use of this tool in any

 3-9     preservice or in-service training that the commission provides for

3-10     probation officers.   Juvenile probation departments shall report

3-11     the information relating to the results from the use of the

3-12     standard assessment tool or other similar tool to the commission in

3-13     a manner prescribed by the commission.  The assessment tool shall:

3-14                 (1)  facilitate assessment of a child's mental health,

3-15     family background, and level of education;  and

3-16                 (2)  assist juvenile probation departments in

3-17     determining when a child in the department's jurisdiction is in

3-18     need of comprehensive psychological or other evaluation.

3-19           SECTION 8.  Subchapter C, Chapter 141, Human Resources Code,

3-20     is amended by adding Section 141.0421 to read as follows:

3-21           Sec. 141.0421.  STANDARDS RELATING TO LOCAL PROBATION

3-22     DEPARTMENTS.  (a)  The commission shall adopt rules that provide:

3-23                 (1)  standards for the collection and reporting of

3-24     information about juvenile offenders by local probation

3-25     departments;

3-26                 (2)  performance measures to determine the

3-27     effectiveness of probation services provided by local probation

3-28     departments; and

3-29                 (3)  case management standards for all probation

3-30     services provided by local probation departments.

3-31           (b)  The commission shall monitor local probation departments

3-32     for compliance with the standards and measures that the commission

3-33     adopts.

3-34           (c)  The commission shall provide technical assistance to

3-35     local probation departments to aid compliance with the standards

3-36     and measures that the commission adopts.

3-37           SECTION 9.  Subchapter C, Chapter 141, Human Resources Code,

3-38     is amended by adding Sections 141.050-141.054 to read as follows:

3-39           Sec. 141.050.  CONTRACT STANDARDS.  (a)  In each contract

3-40     with counties for local probation services, the commission shall

3-41     include:

3-42                 (1)  clearly defined contract goals, outputs, and

3-43     measurable outcomes that relate directly to program objectives;

3-44                 (2)  clearly defined sanctions or penalties for failure

3-45     to comply with or perform contract terms or conditions; and

3-46                 (3)  clearly specified accounting, reporting, and

3-47     auditing requirements applicable to money received under the

3-48     contract.

3-49           (b)  The commission shall require each local juvenile

3-50     probation department:

3-51                 (1)  to include the provisions of Subsection (a) in its

3-52     contracts with private service providers that involve the use of

3-53     state funds; and

3-54                 (2)  to use data relating to the performance of private

3-55     service providers in prior contracts as a factor in selecting

3-56     providers to receive contracts.

3-57           Sec. 141.051.  CONTRACT MONITORING.  The commission shall

3-58     establish a formal program to monitor contracts under Section

3-59     141.050 made by the commission.  The commission must:

3-60                 (1)  monitor compliance with financial and performance

3-61     requirements using a risk assessment methodology; and

3-62                 (2)  obtain and evaluate program cost information to

3-63     ensure that each cost, including an administrative cost, is

3-64     reasonable and necessary to achieve program objectives.

3-65           Sec. 141.052.  MEDICAID BENEFITS.  The commission shall:

3-66                 (1)  identify areas in which federal Medicaid program

3-67     benefits could be used in a manner that is cost-effective for

3-68     children in the juvenile justice system;

3-69                 (2)  develop a program to encourage application for and

 4-1     receipt of Medicaid benefits;

 4-2                 (3)  provide technical assistance to counties relating

 4-3     to eligibility for Medicaid benefits; and

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

 4-5     Medicaid benefits.

 4-6           Sec. 141.053.  ACCESSIBILITY TO PROGRAMS AND FACILITIES.  The

 4-7     commission shall comply with federal and state laws relating to

 4-8     program and facility accessibility.  The executive director shall

 4-9     also prepare and maintain a written plan that describes how a

4-10     person who does not speak English can be provided reasonable access

4-11     to the commission's programs and services.

4-12           Sec. 141.054.  CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.

4-13     (a)  The only entities other than the state authorized to operate a

4-14     correctional facility to house in this state juvenile inmates

4-15     convicted of offenses committed against the laws of another state

4-16     of the United States are:

4-17                 (1)  a county or municipality; and

4-18                 (2)  a private vendor operating a correctional facility

4-19     under a contract with a county or municipality.

4-20           (b)  The commission shall develop rules, procedures, and

4-21     minimum standards applicable to county or private correctional

4-22     facilities housing out-of-state juvenile inmates.  A contract made

4-23     under Subsection (a) of this section shall require the county,

4-24     municipality, or private vendor to operate the facility in

4-25     compliance with minimum standards adopted by the commission.

4-26           SECTION 10.  This Act takes effect September 1, 1997.

4-27           SECTION 11.  The importance of this legislation and the

4-28     crowded condition of the calendars in both houses create an

4-29     emergency and an imperative public necessity that the

4-30     constitutional rule requiring bills to be read on three several

4-31     days in each house be suspended, and this rule is hereby suspended.

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