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 * * * * *