1-1     By:  Hightower (Senate Sponsor - Brown)               H.B. No. 2074

 1-2           (In the Senate - Received from the House April 10, 1997;

 1-3     April 11, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 5, 1997, reported favorably, as amended, by

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

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Shapiro

 1-7     Amend H.B. No. 2074 as follows:

 1-8           In SECTION 3 of the bill, strike added Section 61.0122, Human

 1-9     Resources Code (House Engrossment, page 3, lines 9-27, and page 4,

1-10     lines 1-7), and substitute the following:

1-11           Sec. 61.0122.  BOARD MEMBER TRAINING.  (a)  To be eligible to

1-12     take office as a member of the board, a person appointed to the

1-13     board must complete at least one course of a training program that

1-14     complies with this section.

1-15           (b)  The training program must provide  information to the

1-16     person regarding:

1-17                 (1)  the enabling legislation that created the

1-18     commission;

1-19                 (2)  the programs operated by the commission;

1-20                 (3)  the role and functions of the commission;

1-21                 (4)  the rules of the commission with an emphasis on

1-22     the rules that relate to disciplinary and investigatory authority;

1-23                 (5)  the current budget for the commission;

1-24                 (6)  the results of the most recent formal audit of the

1-25     commission;

1-26                 (7)  the requirements of the:

1-27                       (A)  open meetings law, Chapter 551, Government

1-28     Code;

1-29                       (B)  open records law, Chapter 552, Government

1-30     Code; and

1-31                       (C)  administrative procedure law, Chapter 2001,

1-32     Government Code;

1-33                 (8)  the requirements of the conflict of interests laws

1-34     and other laws relating to public officials; and

1-35                 (9)  any applicable ethics policies adopted by the

1-36     commission or the Texas Ethics Commission.

1-37           (c)  A person appointed to the board is entitled to

1-38     reimbursement for travel expenses incurred in attending the

1-39     training program, as provided by the General Appropriations Act and

1-40     as if the person were a member of the board.

1-41                            A BILL TO BE ENTITLED

1-42                                   AN ACT

1-43     relating to the continuation and functions of the Texas Youth

1-44     Commission.

1-45           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-46           SECTION 1.  Section 61.012(a), Human Resources Code, is

1-47     amended to read as follows:

1-48           (a)  The governing board of the Texas Youth Commission

1-49     consists of six members appointed by the governor with the consent

1-50     of the senate.  Appointments to the board shall be made without

1-51     regard to the race, color, disability [handicap], sex, religion,

1-52     age, or national origin of the appointees.

1-53           SECTION 2.  Section 61.0121, Human Resources Code, is amended

1-54     to read as follows:

1-55           Sec. 61.0121.  QUALIFICATIONS FOR BOARD MEMBERS AND

1-56     EMPLOYEES.  (a)  A person is not eligible for appointment to the

1-57     board if the person or the person's spouse:

1-58                 (1)  is employed by or participates in the management

1-59     of a business entity or other organization receiving funds from the

1-60     commission;

1-61                 (2)  owns or controls, directly or indirectly, more

1-62     than a 10 percent interest in a business entity or other

1-63     organization receiving funds from the commission; or

1-64                 (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

2-26     profession in dealing with mutual business or professional problems

2-27     and in promoting their common interest [interests].

2-28           (e) [(c)]  A person may not serve as a member of the board or

2-29     act as the general counsel to the board or the commission if the

2-30     person [who] is required to register as a lobbyist under Chapter

2-31     305, Government Code, because [by virtue] of the person's

2-32     activities for  compensation [in or] on behalf of a profession

2-33     related to the operation of the commission[, may not serve as a

2-34     member of the board].

2-35           SECTION 3.  Subchapter B, Chapter 61, Human Resources Code,

2-36     is amended by adding Section 61.0122 to read as follows:

2-37           Sec. 61.0122.  BOARD MEMBER TRAINING.  (a)  Before a member

2-38     of the board may assume the member's duties and before the member

2-39     may be confirmed by the senate, the member must complete at least

2-40     one course of the training program established under this section.

2-41           (b)  A training program established under this section shall

2-42     provide information to the member regarding:

2-43                 (1)  the enabling legislation that created the

2-44     commission and the board;

2-45                 (2)  the programs operated by the commission;

2-46                 (3)  the role and functions of the commission;

2-47                 (4)  the rules of the commission with an emphasis on

2-48     the rules that relate to disciplinary and investigatory authority;

2-49                 (5)  the current budget for the commission;

2-50                 (6)  the results of the most recent formal audit of the

2-51     commission;

2-52                 (7)  the requirements of the:

2-53                       (A)  open meetings law, Chapter 551, Government

2-54     Code;

2-55                       (B)  open records law, Chapter 552, Government

2-56     Code; and

2-57                       (C)  administrative procedure law, Chapter 2001,

2-58     Government Code;

2-59                 (8)  the requirements of the conflict of interest laws

2-60     and other laws relating to public officials; and

2-61                 (9)  any applicable ethics policies adopted by the

2-62     commission or the Texas Ethics Commission.

2-63           SECTION 4.  Section 61.013(a), Human Resources Code, is

2-64     amended to read as follows:

2-65           (a)  The governor shall designate a member of the board as

2-66     the  chairman of the board to serve in that capacity at the

2-67     pleasure of the governor. [The board shall elect one member

2-68     presiding officer, who shall preside over meetings of the

2-69     commission.]

 3-1           SECTION 5.  Section 61.0151(c), Human Resources Code, is

 3-2     amended to read as follows:

 3-3           (c)  If the executive director has knowledge that a potential

 3-4     ground for removal exists, the executive director shall notify the

 3-5     chairman of the board of the potential ground.   The chairman of

 3-6     the board shall then notify the governor and the attorney general

 3-7     that a potential ground for  removal exists.  If the potential

 3-8     ground for removal involves the chairman, the executive director

 3-9     shall notify the next highest ranking officer of the board, who

3-10     shall notify the governor and the attorney general that a potential

3-11     ground for removal exists.

3-12           SECTION 6.  Section 61.020, Human Resources Code, is amended

3-13     to read as follows:

3-14           Sec. 61.020.  SUNSET PROVISION.  The Texas Youth Commission

3-15     is subject to Chapter 325, Government Code (Texas Sunset Act).

3-16     Unless continued in existence as provided by that chapter, the

3-17     commission is abolished and this chapter expires September 1, 2009

3-18     [1997].

3-19           SECTION 7.  Subchapter B, Chapter 61, Human Resources Code,

3-20     is amended by adding Section 61.022 to read as follows:

3-21           Sec. 61.022.  ACCESSIBILITY TO PROGRAMS AND FACILITIES.  The

3-22     commission shall comply with federal and state laws related to

3-23     program and facility accessibility.  The executive director shall

3-24     also prepare and maintain a written plan that describes how a

3-25     person who does not speak English can be provided reasonable access

3-26     to the commission's programs and services.

3-27           SECTION 8.  Section 61.033, Human Resources Code, is amended

3-28     to read as follows:

3-29           Sec. 61.033.  ANNUAL FINANCIAL REPORT [REPORT TO GOVERNOR,

3-30     LEGISLATURE].   The commission shall prepare [file] annually [with

3-31     the governor and  the presiding officer of each house of the

3-32     legislature] a complete and detailed written report accounting for

3-33     all funds received and disbursed by the commission during the

3-34     preceding fiscal year.  The annual report must meet the reporting

3-35     requirements applicable to financial reporting [form of the annual

3-36     report and  the reporting time are as] provided in the General

3-37     Appropriations Act.

3-38           SECTION 9.  Section 61.0351, Human Resources Code, is amended

3-39     to read as follows:

3-40           Sec. 61.0351.  PROFESSIONAL INFORMATION FOR MEMBERS AND

3-41     EMPLOYEES.   The executive director or the executive director's

3-42     designee [commission] shall provide to [inform its] members of the

3-43     board and to commission employees, as often as is necessary,

3-44     information regarding their qualification [of:]

3-45                 [(1)  the qualifications] for office or employment

3-46     under [prescribed by] this chapter[;]  and

3-47                 [(2)]  their responsibilities under applicable laws

3-48     relating to standards of conduct for state officers or employees.

3-49           SECTION 10.  Section 61.0352, Human Resources Code, is

3-50     amended to read as follows:

3-51           Sec. 61.0352.  DIVISION OF RESPONSIBILITY.   The board shall

3-52     develop and implement [adopt] policies that clearly separate the

3-53     policymaking [define the respective] responsibilities of the board

3-54     and the management responsibilities of the executive director and

3-55     the staff of the commission.

3-56           SECTION 11.  Section 61.0353, Human Resources Code, is

3-57     amended to read as follows:

3-58           Sec. 61.0353.  INTRA-AGENCY CAREER LADDER PROGRAM.   The

3-59     executive director or the executive director's designee

3-60     [commission] shall develop an intra-agency [intraagency] career

3-61     ladder program that addresses opportunities for mobility and

3-62     advancement for employees within the commission.  The program[, one

3-63     part of which] shall require intra-agency [the intraagency] posting

3-64     of all positions[,] concurrently  with any public posting[, of all

3-65     nonentry level positions].

3-66           SECTION 12.  Section 61.0354, Human Resources Code, is

3-67     amended to read as follows:

3-68           Sec. 61.0354.  JOB PERFORMANCE EVALUATIONS.  The executive

3-69     director or the executive director's designee [commission] shall

 4-1     develop a system  of annual performance evaluations that are based

 4-2     on documented employee performance [under which the job performance

 4-3     of commission employees  is evaluated annually].  All merit pay for

 4-4     commission employees must be based on the system established under

 4-5     this section.

 4-6           SECTION 13.  Section 61.0355, Human Resources Code, is

 4-7     amended to read as follows:

 4-8           Sec. 61.0355.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

 4-9     (a) The executive director or the executive director's designee

4-10     [commission] shall prepare and  maintain a written policy statement

4-11     to assure implementation of a program of equal employment

4-12     opportunity under [by] which all personnel transactions are made

4-13     without regard to race, color, disability [handicap], sex,

4-14     religion, age, or national origin.

4-15           [(b)]  The policy statement shall include:

4-16                 (1)  personnel policies, including policies relating to

4-17     recruitment, evaluation, selection, appointment, training, and

4-18     promotion of personnel that are in compliance with requirements of

4-19     Chapter 21, Labor Code;

4-20                 (2)  a comprehensive analysis of the commission's work

4-21     force that meets federal or state laws, rules, and regulations and

4-22     instructions promulgated directly from those laws, rules, and

4-23     regulations [guidelines];

4-24                 (3)  procedures by which a determination can be made

4-25     about the extent of underuse [of significant underutilization] in

4-26     the commission's  work force of all persons of whom federal or

4-27     state laws, rules, and regulations and instructions promulgated

4-28     directly from those laws, rules, and regulations [guidelines]

4-29     encourage a more equitable balance; and

4-30                 (4)  reasonable methods to appropriately address those

4-31     areas of underuse [significant underutilization in the commission's

4-32     work force of all  persons of whom federal or state guidelines

4-33     encourage a more equitable balance].

4-34           (b)  A [(c) The] policy statement prepared under Subsection

4-35     (a) must [statements shall be filed with the governor's office,]

4-36     cover an  annual period, [and] be updated [at least] annually, be

4-37     reviewed by the Commission on Human Rights for compliance with

4-38     Subsection (a)(1), and be filed with the governor's office.

4-39           (c)  The governor's office shall deliver [develop] a biennial

4-40     report  to the legislature based on the information received under

4-41     Subsection (b) [submitted].  The report may be made separately or

4-42     as a part of other biennial reports made to the legislature.

4-43           SECTION 14.  Section 61.0422, Human Resources Code, is

4-44     amended to read as follows:

4-45           Sec. 61.0422. COMPLAINTS REGARDING SERVICES.  (a) The

4-46     commission shall keep a [an information] file about each written

4-47     complaint filed with the commission by a person, other than a child

4-48     receiving services from the commission or the child's parent or

4-49     guardian, that the commission has authority to resolve [relates to

4-50     services provided by the commission].  The commission shall provide

4-51     to the person filing the complaint and the persons or entities

4-52     complained about the commission's policies and procedures

4-53     pertaining to complaint investigation and resolution.  The [(b) If

4-54     a written complaint relating to the commission is filed with the

4-55     commission, the] commission, at least [as frequently as] quarterly

4-56     and until final disposition of the complaint, shall notify the

4-57     person filing the complaint and the persons or entities complained

4-58     about [complainant] of the status of the complaint unless the

4-59     notice would jeopardize an undercover investigation.

4-60           (b)  The commission shall keep information about each file

4-61     required by Subsection (a).  The information must include:

4-62                 (1)  the date the complaint is received;

4-63                 (2)  the name of the complainant;

4-64                 (3)  the subject matter of the complaint;

4-65                 (4)  a record of all persons contacted in relation to

4-66     the complaint;

4-67                 (5)  a summary of the results of the review or

4-68     investigation of the complaint; and

4-69                 (6)  for complaints for which the commission took no

 5-1     action, an explanation of the reason the complaint was closed

 5-2     without action.

 5-3           (c)  The commission shall keep information about each written

 5-4     complaint filed with the commission by a child receiving services

 5-5     from the commission or the child's parent or guardian.  The

 5-6     information must include:

 5-7                 (1)  the subject matter of the complaint;

 5-8                 (2)  a summary of the results of the review or

 5-9     investigation of the complaint; and

5-10                 (3)  the period of time between the date the complaint

5-11     is received and the date the complaint is closed.

5-12           SECTION 15.  Section 61.0423, Human Resources Code, is

5-13     amended to read as follows:

5-14           Sec. 61.0423.  PUBLIC HEARINGS.   The board shall develop and

5-15     implement [adopt] policies that [will] provide the public with a

5-16     reasonable  opportunity to appear before the board [commission] and

5-17     to speak on any issue under the jurisdiction of the commission.

5-18           SECTION 16.  Subchapter C, Chapter 61, Human Resources Code,

5-19     is amended by adding Sections 61.051-61.053 to read as follows:

5-20           Sec. 61.051.  CLIENT SERVICE CONTRACT STANDARDS.  In each

5-21     contract for the purchase of residential program-related client

5-22     services, the commission shall include:

5-23                 (1)  clearly defined contract goals, outputs, and

5-24     measurable outcomes that relate directly to program objectives;

5-25                 (2)  clearly defined sanctions or penalties for failure

5-26     to comply with or perform contract terms or conditions; and

5-27                 (3)  clearly specified accounting, reporting, and

5-28     auditing requirements applicable to money received under the

5-29     contract.

5-30           Sec. 61.052.  CONTRACT MONITORING.  The commission shall

5-31     establish a formal program to monitor residential program-related

5-32     client services contracts made by the commission.  The commission

5-33     must:

5-34                 (1)  monitor compliance with financial and performance

5-35     requirements using a risk assessment methodology; and

5-36                 (2)  obtain and evaluate program cost information to

5-37     ensure that each cost, including an administrative cost, is

5-38     reasonable and necessary to achieve program objectives.

5-39           Sec. 61.053.  MEDICAID BENEFITS.   The commission shall apply

5-40     for benefits under the federal Medicaid program if application is

5-41     cost effective in reducing health care costs incurred by the

5-42     commission.

5-43           SECTION 17.  Sections 61.035(c) and (d), Human Resources

5-44     Code, are repealed.

5-45           SECTION 18.  The changes in law made by this Act in the

5-46     qualifications of, and the prohibitions applying to, members of the

5-47     governing board of the Texas Youth Commission do not affect the

5-48     entitlement of a member serving on the board immediately before

5-49     September 1, 1997, to continue to carry out the functions of the

5-50     board for the remainder of the member's term.  The changes in law

5-51     apply only to a member appointed on or after September 1, 1997.

5-52     This Act does not prohibit a person who is a member of the board on

5-53     September 1, 1997, from being reappointed to the board if the

5-54     person has the qualifications required for a member under Chapter

5-55     61, Human Resources Code, as amended by this Act.

5-56           SECTION 19.  This Act takes effect September 1, 1997.

5-57           SECTION 20.  The importance of this legislation and the

5-58     crowded condition of the calendars in both houses create an

5-59     emergency and an imperative public necessity that the

5-60     constitutional rule requiring bills to be read on three several

5-61     days in each house be suspended, and this rule is hereby suspended.

5-62                                  * * * * *