By Hightower H.B. No. 2074
75R1792 JMC-D
A BILL TO BE ENTITLED
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
1-24 goods, services, or funds from the commission, other than
2-1 compensation or reimbursement authorized by law for board
2-2 membership, attendance, or expenses.
2-3 (b) An officer, employee, or paid consultant of a Texas
2-4 trade association in the field of criminal or juvenile justice may
2-5 not be a member of the board or an employee of the commission who
2-6 is exempt from the state's position classification plan or is
2-7 compensated at or above the amount prescribed by the General
2-8 Appropriations Act for step 1, salary group 17, of the position
2-9 classification salary schedule.
2-10 (c) A person who is the spouse of an officer, manager, or
2-11 paid consultant of a Texas trade association in the field of
2-12 criminal justice or juvenile justice may not be a member of the
2-13 board and may not be an employee of the commission who is exempt
2-14 from the state's position classification plan or is compensated at
2-15 or above the amount prescribed by the General Appropriations Act
2-16 for step 1, salary group 17, of the position classification salary
2-17 schedule.
2-18 (d) [A person who is or is the spouse of an officer,
2-19 employee, or paid consultant of a trade association in the field of
2-20 criminal or juvenile justice may not be a member of the board.]
2-21 For the purposes [purpose] of this section, [subsection] a Texas
2-22 trade association is a nonprofit, cooperative, and voluntarily
2-23 joined association of business or professional competitors in this
2-24 state designed to assist its members and its industry or
2-25 profession in dealing with mutual business or professional problems
2-26 and in promoting their common interest [interests].
2-27 (e) [(c)] A person may not serve as a member of the board or
3-1 act as the general counsel to the board or the commission if the
3-2 person [who] is required to register as a lobbyist under Chapter
3-3 305, Government Code, because [by virtue] of the person's
3-4 activities for compensation [in or] on behalf of a profession
3-5 related to the operation of the commission[, may not serve as a
3-6 member of the board].
3-7 SECTION 3. Subchapter B, Chapter 61, Human Resources Code,
3-8 is amended by adding Section 61.0122 to read as follows:
3-9 Sec. 61.0122. BOARD MEMBER TRAINING. (a) Before a member
3-10 of the board may assume the member's duties and before the member
3-11 may be confirmed by the senate, the member must complete at least
3-12 one course of the training program established under this section.
3-13 (b) A training program established under this section shall
3-14 provide information to the member regarding:
3-15 (1) the enabling legislation that created the
3-16 commission and the board;
3-17 (2) the programs operated by the commission;
3-18 (3) the role and functions of the commission;
3-19 (4) the rules of the commission with an emphasis on
3-20 the rules that relate to disciplinary and investigatory authority;
3-21 (5) the current budget for the commission;
3-22 (6) the results of the most recent formal audit of the
3-23 commission;
3-24 (7) the requirements of the:
3-25 (A) open meetings law, Chapter 551, Government
3-26 Code;
3-27 (B) open records law, Chapter 552, Government
4-1 Code; and
4-2 (C) administrative procedure law, Chapter 2001,
4-3 Government Code;
4-4 (8) the requirements of the conflict of interest laws
4-5 and other laws relating to public officials; and
4-6 (9) any applicable ethics policies adopted by the
4-7 commission or the Texas Ethics Commission.
4-8 SECTION 4. Section 61.013(a), Human Resources Code, is
4-9 amended to read as follows:
4-10 (a) The governor shall designate a member of the board as
4-11 the chairman of the board to serve in that capacity at the
4-12 pleasure of the governor. [The board shall elect one member
4-13 presiding officer, who shall preside over meetings of the
4-14 commission.]
4-15 SECTION 5. Section 61.0151(c), Human Resources Code, is
4-16 amended to read as follows:
4-17 (c) If the executive director has knowledge that a potential
4-18 ground for removal exists, the executive director shall notify the
4-19 chairman of the board of the potential ground. The chairman of
4-20 the board shall then notify the governor and the attorney general
4-21 that a potential ground for removal exists. If the potential
4-22 ground for removal involves the chairman, the executive director
4-23 shall notify the next highest ranking officer of the board, who
4-24 shall notify the governor and the attorney general that a potential
4-25 ground for removal exists.
4-26 SECTION 6. Section 61.020, Human Resources Code, is amended
4-27 to read as follows:
5-1 Sec. 61.020. SUNSET PROVISION. The Texas Youth Commission
5-2 is subject to Chapter 325, Government Code (Texas Sunset Act).
5-3 Unless continued in existence as provided by that chapter, the
5-4 commission is abolished and this chapter expires September 1, 2009
5-5 [1997].
5-6 SECTION 7. Subchapter B, Chapter 61, Human Resources Code,
5-7 is amended by adding Section 61.022 to read as follows:
5-8 Sec. 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The
5-9 commission shall comply with federal and state laws related to
5-10 program and facility accessibility. The executive director shall
5-11 also prepare and maintain a written plan that describes how a
5-12 person who does not speak English can be provided reasonable access
5-13 to the commission's programs and services.
5-14 SECTION 8. Section 61.033, Human Resources Code, is amended
5-15 to read as follows:
5-16 Sec. 61.033. ANNUAL FINANCIAL REPORT [REPORT TO GOVERNOR,
5-17 LEGISLATURE]. The commission shall prepare [file] annually [with
5-18 the governor and the presiding officer of each house of the
5-19 legislature] a complete and detailed written report accounting for
5-20 all funds received and disbursed by the commission during the
5-21 preceding fiscal year. The annual report must meet the reporting
5-22 requirements applicable to financial reporting [form of the annual
5-23 report and the reporting time are as] provided in the General
5-24 Appropriations Act.
5-25 SECTION 9. Section 61.0351, Human Resources Code, is amended
5-26 to read as follows:
5-27 Sec. 61.0351. PROFESSIONAL INFORMATION FOR MEMBERS AND
6-1 EMPLOYEES. The executive director or the executive director's
6-2 designee [commission] shall provide to [inform its] members of the
6-3 board and to commission employees, as often as is necessary,
6-4 information regarding their qualification [of:]
6-5 [(1) the qualifications] for office or employment
6-6 under [prescribed by] this chapter[;] and
6-7 [(2)] their responsibilities under applicable laws
6-8 relating to standards of conduct for state officers or employees.
6-9 SECTION 10. Section 61.0352, Human Resources Code, is
6-10 amended to read as follows:
6-11 Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall
6-12 develop and implement [adopt] policies that clearly separate the
6-13 policymaking [define the respective] responsibilities of the board
6-14 and the management responsibilities of the executive director and
6-15 the staff of the commission.
6-16 SECTION 11. Section 61.0353, Human Resources Code, is
6-17 amended to read as follows:
6-18 Sec. 61.0353. INTRA-AGENCY CAREER LADDER PROGRAM. The
6-19 executive director or the executive director's designee
6-20 [commission] shall develop an intra-agency [intraagency] career
6-21 ladder program that addresses opportunities for mobility and
6-22 advancement for employees within the commission. The program[, one
6-23 part of which] shall require intra-agency [the intraagency] posting
6-24 of all positions[,] concurrently with any public posting[, of all
6-25 nonentry level positions].
6-26 SECTION 12. Section 61.0354, Human Resources Code, is
6-27 amended to read as follows:
7-1 Sec. 61.0354. JOB PERFORMANCE EVALUATIONS. The executive
7-2 director or the executive director's designee [commission] shall
7-3 develop a system of annual performance evaluations that are based
7-4 on documented employee performance [under which the job performance
7-5 of commission employees is evaluated annually]. All merit pay for
7-6 commission employees must be based on the system established under
7-7 this section.
7-8 SECTION 13. Section 61.0355, Human Resources Code, is
7-9 amended to read as follows:
7-10 Sec. 61.0355. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
7-11 (a) The executive director or the executive director's designee
7-12 [commission] shall prepare and maintain a written policy statement
7-13 to assure implementation of a program of equal employment
7-14 opportunity under [by] which all personnel transactions are made
7-15 without regard to race, color, disability [handicap], sex,
7-16 religion, age, or national origin.
7-17 [(b)] The policy statement shall include:
7-18 (1) personnel policies, including policies relating to
7-19 recruitment, evaluation, selection, appointment, training, and
7-20 promotion of personnel that are in compliance with requirements of
7-21 Chapter 21, Labor Code;
7-22 (2) a comprehensive analysis of the commission's work
7-23 force that meets federal or state guidelines;
7-24 (3) procedures by which a determination can be made
7-25 about the extent of underuse [of significant underutilization] in
7-26 the commission's work force of all persons of whom federal or
7-27 state guidelines encourage a more equitable balance; and
8-1 (4) reasonable methods to appropriately address those
8-2 areas of underuse [significant underutilization in the commission's
8-3 work force of all persons of whom federal or state guidelines
8-4 encourage a more equitable balance].
8-5 (b) A [(c) The] policy statement prepared under Subsection
8-6 (a) must [statements shall be filed with the governor's office,]
8-7 cover an annual period, [and] be updated [at least] annually, be
8-8 reviewed by the Commission on Human Rights for compliance with
8-9 Subsection (a)(1), and be filed with the governor's office.
8-10 (c) The governor's office shall deliver [develop] a biennial
8-11 report to the legislature based on the information received under
8-12 Subsection (b) [submitted]. The report may be made separately or
8-13 as a part of other biennial reports made to the legislature.
8-14 SECTION 14. Section 61.0422, Human Resources Code, is
8-15 amended to read as follows:
8-16 Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
8-17 commission shall keep a [an information] file about each written
8-18 complaint filed with the commission by a person, other than a child
8-19 receiving services from the commission or the child's parent or
8-20 guardian, that the commission has authority to resolve [relates to
8-21 services provided by the commission]. The commission shall provide
8-22 to the person filing the complaint and the persons or entities
8-23 complained about the commission's policies and procedures
8-24 pertaining to complaint investigation and resolution. The [(b) If
8-25 a written complaint relating to the commission is filed with the
8-26 commission, the] commission, at least [as frequently as] quarterly
8-27 and until final disposition of the complaint, shall notify the
9-1 person filing the complaint and the persons or entities complained
9-2 about [complainant] of the status of the complaint unless the
9-3 notice would jeopardize an undercover investigation.
9-4 (b) The commission shall keep information about each file
9-5 required by Subsection (a). The information must include:
9-6 (1) the date the complaint is received;
9-7 (2) the name of the complainant;
9-8 (3) the subject matter of the complaint;
9-9 (4) a record of all persons contacted in relation to
9-10 the complaint;
9-11 (5) a summary of the results of the review or
9-12 investigation of the complaint; and
9-13 (6) for complaints for which the commission took no
9-14 action, an explanation of the reason the complaint was closed
9-15 without action.
9-16 (c) The commission shall keep information about each written
9-17 complaint filed with the commission by a child receiving services
9-18 from the commission or the child's parent or guardian. The
9-19 information must include:
9-20 (1) the subject matter of the complaint;
9-21 (2) a summary of the results of the review or
9-22 investigation of the complaint; and
9-23 (3) the period of time between the date the complaint
9-24 is received and the date the complaint is closed.
9-25 SECTION 15. Section 61.0423, Human Resources Code, is
9-26 amended to read as follows:
9-27 Sec. 61.0423. PUBLIC HEARINGS. The board shall develop and
10-1 implement [adopt] policies that [will] provide the public with a
10-2 reasonable opportunity to appear before the board [commission] and
10-3 to speak on any issue under the jurisdiction of the commission.
10-4 SECTION 16. Subchapter C, Chapter 61, Human Resources Code,
10-5 is amended by adding Sections 61.051-61.054 to read as follows:
10-6 Sec. 61.051. CLIENT SERVICE CONTRACT STANDARDS. In each
10-7 contract for the purchase of residential program-related client
10-8 services, the commission shall include:
10-9 (1) clearly defined contract goals, outputs, and
10-10 measurable outcomes that relate directly to program objectives;
10-11 (2) clearly defined sanctions or penalties for failure
10-12 to comply with or perform contract terms or conditions; and
10-13 (3) clearly specified accounting, reporting, and
10-14 auditing requirements applicable to money received under the
10-15 contract.
10-16 Sec. 61.052. CONTRACT MONITORING. The commission shall
10-17 establish a formal program to monitor residential program-related
10-18 client services contracts made by the commission. The commission
10-19 must:
10-20 (1) monitor compliance with financial and performance
10-21 requirements using a risk assessment methodology; and
10-22 (2) obtain and evaluate program cost information to
10-23 ensure that each cost, including an administrative cost, is
10-24 reasonable and necessary to achieve program objectives.
10-25 Sec. 61.053. MEDICAID BENEFITS. The commission shall apply
10-26 for benefits under the federal Medicaid program if application is
10-27 cost effective in reducing health care costs incurred by the
11-1 commission.
11-2 Sec. 61.054. COUNTY PILOT PROGRAMS IN POOLING OF FUNDS AND
11-3 RESOURCES. (a) The commission shall, jointly with the Texas
11-4 Juvenile Probation Commission, establish:
11-5 (1) county pilot programs to allow the pooling of
11-6 state and local funds to provide services, including delinquency
11-7 prevention services, to children within the juvenile justice system
11-8 in the area served by the program; and
11-9 (2) rules and standards to be applied in the
11-10 administration of programs developed under this subsection.
11-11 (b) The commission may use appropriated state funds to
11-12 contribute to the development, implementation, and administration
11-13 of the pilot programs described by Subsection (a).
11-14 (c) The commission, jointly with the Texas Juvenile
11-15 Probation Commission, shall develop a system to compute the funds
11-16 to be allocated to participating counties using the following
11-17 criteria:
11-18 (1) the projected yearly commitment level for each
11-19 participating county, minus the estimated number of commitments to
11-20 the commission from sanction level seven juvenile offenders under
11-21 Section 59.010, Family Code;
11-22 (2) the average cost per day to house and provide
11-23 services to a child committed to the commission; and
11-24 (3) the average length of stay for each commitment.
11-25 (d) The amount of funds used by the commission for the pilot
11-26 programs described by Subsection (a) shall be offset by a reduction
11-27 in the number of children committed to the commission from the
12-1 participating counties, unless a participating county reimburses
12-2 the commission, based on the criteria listed under Subsection (c),
12-3 for the commitment of a child.
12-4 (e) The commission shall, jointly with the Texas Juvenile
12-5 Probation Commission, submit a report that includes an evaluation
12-6 of the pilot programs described by Subsection (a) and
12-7 recommendations relating to the statewide establishment of the
12-8 programs not later than January 1, 2001, to the:
12-9 (1) lieutenant governor;
12-10 (2) speaker of the house of representatives;
12-11 (3) presiding officers of the House Appropriations
12-12 Committee and the Senate Finance Committee; and
12-13 (4) presiding officers of the committees in the house
12-14 of representatives and the senate with jurisdiction over juvenile
12-15 justice and juvenile probation matters.
12-16 SECTION 17. Sections 61.035(c) and (d), Human Resources
12-17 Code, are repealed.
12-18 SECTION 18. The changes in law made by this Act in the
12-19 qualifications of, and the prohibitions applying to, members of the
12-20 governing board of the Texas Youth Commission do not affect the
12-21 entitlement of a member serving on the board immediately before
12-22 September 1, 1997, to continue to carry out the functions of the
12-23 board for the remainder of the member's term. The changes in law
12-24 apply only to a member appointed on or after September 1, 1997.
12-25 This Act does not prohibit a person who is a member of the board on
12-26 September 1, 1997, from being reappointed to the board if the
12-27 person has the qualifications required for a member under Chapter
13-1 61, Human Resources Code, as amended by this Act.
13-2 SECTION 19. The Texas Youth Commission shall develop county
13-3 pilot programs required by Section 61.054, Human Resources Code, as
13-4 added by this Act, and establish rules and standards to be applied
13-5 in the administration of the programs not later than January 1,
13-6 1998.
13-7 SECTION 20. This Act takes effect September 1, 1997.
13-8 SECTION 21. The importance of this legislation and the
13-9 crowded condition of the calendars in both houses create an
13-10 emergency and an imperative public necessity that the
13-11 constitutional rule requiring bills to be read on three several
13-12 days in each house be suspended, and this rule is hereby suspended.