1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Youth
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 61.012(a), Human Resources Code, is
1-6 amended to read as follows:
1-7 (a) The governing board of the Texas Youth Commission
1-8 consists of six members appointed by the governor with the consent
1-9 of the senate. Appointments to the board shall be made without
1-10 regard to the race, color, disability [handicap], sex, religion,
1-11 age, or national origin of the appointees.
1-12 SECTION 2. Section 61.0121, Human Resources Code, is amended
1-13 to read as follows:
1-14 Sec. 61.0121. QUALIFICATIONS FOR BOARD MEMBERS AND
1-15 EMPLOYEES. (a) A person is not eligible for appointment to the
1-16 board if the person or the person's spouse:
1-17 (1) is employed by or participates in the management
1-18 of a business entity or other organization receiving funds from the
1-19 commission;
1-20 (2) owns or controls, directly or indirectly, more
1-21 than a 10 percent interest in a business entity or other
1-22 organization receiving funds from the commission; or
1-23 (3) uses or receives a substantial amount of tangible
2-1 goods, services, or funds from the commission, other than
2-2 compensation or reimbursement authorized by law for board
2-3 membership, attendance, or expenses.
2-4 (b) An officer, employee, or paid consultant of a Texas
2-5 trade association in the field of criminal or juvenile justice may
2-6 not be a member of the board or an employee of the commission who
2-7 is exempt from the state's position classification plan or is
2-8 compensated at or above the amount prescribed by the General
2-9 Appropriations Act for step 1, salary group 17, of the position
2-10 classification salary schedule.
2-11 (c) A person who is the spouse of an officer, manager, or
2-12 paid consultant of a Texas trade association in the field of
2-13 criminal justice or juvenile justice may not be a member of the
2-14 board and may not be an employee of the commission who is exempt
2-15 from the state's position classification plan or is compensated at
2-16 or above the amount prescribed by the General Appropriations Act
2-17 for step 1, salary group 17, of the position classification salary
2-18 schedule.
2-19 (d) [A person who is or is the spouse of an officer,
2-20 employee, or paid consultant of a trade association in the field of
2-21 criminal or juvenile justice may not be a member of the board.]
2-22 For the purposes [purpose] of this section, [subsection] a Texas
2-23 trade association is a nonprofit, cooperative, and voluntarily
2-24 joined association of business or professional competitors in this
2-25 state designed to assist its members and its industry or
3-1 profession in dealing with mutual business or professional problems
3-2 and in promoting their common interest [interests].
3-3 (e) [(c)] A person may not serve as a member of the board or
3-4 act as the general counsel to the board or the commission if the
3-5 person [who] is required to register as a lobbyist under Chapter
3-6 305, Government Code, because [by virtue] of the person's
3-7 activities for compensation [in or] on behalf of a profession
3-8 related to the operation of the commission[, may not serve as a
3-9 member of the board].
3-10 SECTION 3. Subchapter B, Chapter 61, Human Resources Code,
3-11 is amended by adding Section 61.0122 to read as follows:
3-12 Sec. 61.0122. BOARD MEMBER TRAINING. (a) To be eligible to
3-13 take office as a member of the board, a person appointed to the
3-14 board must complete at least one course of a training program that
3-15 complies with this section.
3-16 (b) The training program must provide information to the
3-17 person regarding:
3-18 (1) the enabling legislation that created the
3-19 commission;
3-20 (2) the programs operated by the commission;
3-21 (3) the role and functions of the commission;
3-22 (4) the rules of the commission with an emphasis on
3-23 the rules that relate to disciplinary and investigatory authority;
3-24 (5) the current budget for the commission;
3-25 (6) the results of the most recent formal audit of the
4-1 commission;
4-2 (7) the requirements of the:
4-3 (A) open meetings law, Chapter 551, Government
4-4 Code;
4-5 (B) open records law, Chapter 552, Government
4-6 Code; and
4-7 (C) administrative procedure law, Chapter 2001,
4-8 Government Code;
4-9 (8) the requirements of the conflict of interests laws
4-10 and other laws relating to public officials; and
4-11 (9) any applicable ethics policies adopted by the
4-12 commission or the Texas Ethics Commission.
4-13 (c) A person appointed to the board is entitled to
4-14 reimbursement for travel expenses incurred in attending the
4-15 training program, as provided by the General Appropriations Act and
4-16 as if the person were a member of the board.
4-17 SECTION 4. Section 61.013(a), Human Resources Code, is
4-18 amended to read as follows:
4-19 (a) The governor shall designate a member of the board as
4-20 the chairman of the board to serve in that capacity at the
4-21 pleasure of the governor. [The board shall elect one member
4-22 presiding officer, who shall preside over meetings of the
4-23 commission.]
4-24 SECTION 5. Section 61.0151(c), Human Resources Code, is
4-25 amended to read as follows:
5-1 (c) If the executive director has knowledge that a potential
5-2 ground for removal exists, the executive director shall notify the
5-3 chairman of the board of the potential ground. The chairman of
5-4 the board shall then notify the governor and the attorney general
5-5 that a potential ground for removal exists. If the potential
5-6 ground for removal involves the chairman, the executive director
5-7 shall notify the next highest ranking officer of the board, who
5-8 shall notify the governor and the attorney general that a potential
5-9 ground for removal exists.
5-10 SECTION 6. Section 61.020, Human Resources Code, is amended
5-11 to read as follows:
5-12 Sec. 61.020. SUNSET PROVISION. The Texas Youth Commission
5-13 is subject to Chapter 325, Government Code (Texas Sunset Act).
5-14 Unless continued in existence as provided by that chapter, the
5-15 commission is abolished and this chapter expires September 1, 2009
5-16 [1997].
5-17 SECTION 7. Subchapter B, Chapter 61, Human Resources Code,
5-18 is amended by adding Section 61.022 to read as follows:
5-19 Sec. 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The
5-20 commission shall comply with federal and state laws related to
5-21 program and facility accessibility. The executive director shall
5-22 also prepare and maintain a written plan that describes how a
5-23 person who does not speak English can be provided reasonable access
5-24 to the commission's programs and services.
5-25 SECTION 8. Section 61.033, Human Resources Code, is amended
6-1 to read as follows:
6-2 Sec. 61.033. ANNUAL FINANCIAL REPORT [REPORT TO GOVERNOR,
6-3 LEGISLATURE]. The commission shall prepare [file] annually [with
6-4 the governor and the presiding officer of each house of the
6-5 legislature] a complete and detailed written report accounting for
6-6 all funds received and disbursed by the commission during the
6-7 preceding fiscal year. The annual report must meet the reporting
6-8 requirements applicable to financial reporting [form of the annual
6-9 report and the reporting time are as] provided in the General
6-10 Appropriations Act.
6-11 SECTION 9. Section 61.0351, Human Resources Code, is amended
6-12 to read as follows:
6-13 Sec. 61.0351. PROFESSIONAL INFORMATION FOR MEMBERS AND
6-14 EMPLOYEES. The executive director or the executive director's
6-15 designee [commission] shall provide to [inform its] members of the
6-16 board and to commission employees, as often as is necessary,
6-17 information regarding their qualification [of:]
6-18 [(1) the qualifications] for office or employment
6-19 under [prescribed by] this chapter[;] and
6-20 [(2)] their responsibilities under applicable laws
6-21 relating to standards of conduct for state officers or employees.
6-22 SECTION 10. Section 61.0352, Human Resources Code, is
6-23 amended to read as follows:
6-24 Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall
6-25 develop and implement [adopt] policies that clearly separate the
7-1 policymaking [define the respective] responsibilities of the board
7-2 and the management responsibilities of the executive director and
7-3 the staff of the commission.
7-4 SECTION 11. Section 61.0353, Human Resources Code, is
7-5 amended to read as follows:
7-6 Sec. 61.0353. INTRA-AGENCY CAREER LADDER PROGRAM. The
7-7 executive director or the executive director's designee
7-8 [commission] shall develop an intra-agency [intraagency] career
7-9 ladder program that addresses opportunities for mobility and
7-10 advancement for employees within the commission. The program[, one
7-11 part of which] shall require intra-agency [the intraagency] posting
7-12 of all positions[,] concurrently with any public posting[, of all
7-13 nonentry level positions].
7-14 SECTION 12. Section 61.0354, Human Resources Code, is
7-15 amended to read as follows:
7-16 Sec. 61.0354. JOB PERFORMANCE EVALUATIONS. The executive
7-17 director or the executive director's designee [commission] shall
7-18 develop a system of annual performance evaluations that are based
7-19 on documented employee performance [under which the job performance
7-20 of commission employees is evaluated annually]. All merit pay for
7-21 commission employees must be based on the system established under
7-22 this section.
7-23 SECTION 13. Section 61.0355, Human Resources Code, is
7-24 amended to read as follows:
7-25 Sec. 61.0355. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
8-1 (a) The executive director or the executive director's designee
8-2 [commission] shall prepare and maintain a written policy statement
8-3 to assure implementation of a program of equal employment
8-4 opportunity under [by] which all personnel transactions are made
8-5 without regard to race, color, disability [handicap], sex,
8-6 religion, age, or national origin.
8-7 [(b)] The policy statement shall include:
8-8 (1) personnel policies, including policies relating to
8-9 recruitment, evaluation, selection, appointment, training, and
8-10 promotion of personnel that are in compliance with requirements of
8-11 Chapter 21, Labor Code;
8-12 (2) a comprehensive analysis of the commission's work
8-13 force that meets federal or state laws, rules, and regulations and
8-14 instructions promulgated directly from those laws, rules, and
8-15 regulations [guidelines];
8-16 (3) procedures by which a determination can be made
8-17 about the extent of underuse [of significant underutilization] in
8-18 the commission's work force of all persons of whom federal or
8-19 state laws, rules, and regulations and instructions promulgated
8-20 directly from those laws, rules, and regulations [guidelines]
8-21 encourage a more equitable balance; and
8-22 (4) reasonable methods to appropriately address those
8-23 areas of underuse [significant underutilization in the commission's
8-24 work force of all persons of whom federal or state guidelines
8-25 encourage a more equitable balance].
9-1 (b) A [(c) The] policy statement prepared under Subsection
9-2 (a) must [statements shall be filed with the governor's office,]
9-3 cover an annual period, [and] be updated [at least] annually, be
9-4 reviewed by the Commission on Human Rights for compliance with
9-5 Subsection (a)(1), and be filed with the governor's office.
9-6 (c) The governor's office shall deliver [develop] a biennial
9-7 report to the legislature based on the information received under
9-8 Subsection (b) [submitted]. The report may be made separately or
9-9 as a part of other biennial reports made to the legislature.
9-10 SECTION 14. Section 61.0422, Human Resources Code, is
9-11 amended to read as follows:
9-12 Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
9-13 commission shall keep a [an information] file about each written
9-14 complaint filed with the commission by a person, other than a child
9-15 receiving services from the commission or the child's parent or
9-16 guardian, that the commission has authority to resolve [relates to
9-17 services provided by the commission]. The commission shall provide
9-18 to the person filing the complaint and the persons or entities
9-19 complained about the commission's policies and procedures
9-20 pertaining to complaint investigation and resolution. The [(b) If
9-21 a written complaint relating to the commission is filed with the
9-22 commission, the] commission, at least [as frequently as] quarterly
9-23 and until final disposition of the complaint, shall notify the
9-24 person filing the complaint and the persons or entities complained
9-25 about [complainant] of the status of the complaint unless the
10-1 notice would jeopardize an undercover investigation.
10-2 (b) The commission shall keep information about each file
10-3 required by Subsection (a). The information must include:
10-4 (1) the date the complaint is received;
10-5 (2) the name of the complainant;
10-6 (3) the subject matter of the complaint;
10-7 (4) a record of all persons contacted in relation to
10-8 the complaint;
10-9 (5) a summary of the results of the review or
10-10 investigation of the complaint; and
10-11 (6) for complaints for which the commission took no
10-12 action, an explanation of the reason the complaint was closed
10-13 without action.
10-14 (c) The commission shall keep information about each written
10-15 complaint filed with the commission by a child receiving services
10-16 from the commission or the child's parent or guardian. The
10-17 information must include:
10-18 (1) the subject matter of the complaint;
10-19 (2) a summary of the results of the review or
10-20 investigation of the complaint; and
10-21 (3) the period of time between the date the complaint
10-22 is received and the date the complaint is closed.
10-23 SECTION 15. Section 61.0423, Human Resources Code, is
10-24 amended to read as follows:
10-25 Sec. 61.0423. PUBLIC HEARINGS. The board shall develop and
11-1 implement [adopt] policies that [will] provide the public with a
11-2 reasonable opportunity to appear before the board [commission] and
11-3 to speak on any issue under the jurisdiction of the commission.
11-4 SECTION 16. Subchapter C, Chapter 61, Human Resources Code,
11-5 is amended by adding Sections 61.051-61.053 to read as follows:
11-6 Sec. 61.051. CLIENT SERVICE CONTRACT STANDARDS. In each
11-7 contract for the purchase of residential program-related client
11-8 services, the commission shall include:
11-9 (1) clearly defined contract goals, outputs, and
11-10 measurable outcomes that relate directly to program objectives;
11-11 (2) clearly defined sanctions or penalties for failure
11-12 to comply with or perform contract terms or conditions; and
11-13 (3) clearly specified accounting, reporting, and
11-14 auditing requirements applicable to money received under the
11-15 contract.
11-16 Sec. 61.052. CONTRACT MONITORING. The commission shall
11-17 establish a formal program to monitor residential program-related
11-18 client services contracts made by the commission. The commission
11-19 must:
11-20 (1) monitor compliance with financial and performance
11-21 requirements using a risk assessment methodology; and
11-22 (2) obtain and evaluate program cost information to
11-23 ensure that each cost, including an administrative cost, is
11-24 reasonable and necessary to achieve program objectives.
11-25 Sec. 61.053. MEDICAID BENEFITS. The commission shall apply
12-1 for benefits under the federal Medicaid program if application is
12-2 cost effective in reducing health care costs incurred by the
12-3 commission.
12-4 SECTION 17. Sections 61.035(c) and (d), Human Resources
12-5 Code, are repealed.
12-6 SECTION 18. The changes in law made by this Act in the
12-7 qualifications of, and the prohibitions applying to, members of the
12-8 governing board of the Texas Youth Commission do not affect the
12-9 entitlement of a member serving on the board immediately before
12-10 September 1, 1997, to continue to carry out the functions of the
12-11 board for the remainder of the member's term. The changes in law
12-12 apply only to a member appointed on or after September 1, 1997.
12-13 This Act does not prohibit a person who is a member of the board on
12-14 September 1, 1997, from being reappointed to the board if the
12-15 person has the qualifications required for a member under Chapter
12-16 61, Human Resources Code, as amended by this Act.
12-17 SECTION 19. This Act takes effect September 1, 1997.
12-18 SECTION 20. The importance of this legislation and the
12-19 crowded condition of the calendars in both houses create an
12-20 emergency and an imperative public necessity that the
12-21 constitutional rule requiring bills to be read on three several
12-22 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. 2074 was passed by the House on April
9, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2074 on May 14, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2074 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor