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.
4-32 * * * * *