1-1 AN ACT
1-2 relating to the continuation and functions of the Council on Sex
1-3 Offender Treatment and to the administration of certain of those
1-4 functions by the Texas Department of Health.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1, Chapter 462, Acts of the 68th
1-7 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
1-8 Texas Civil Statutes), is amended to read as follows:
1-9 Sec. 1. DEFINITIONS. In this Act:
1-10 (1) "Board" means the Texas Board of Health.
1-11 (2) "Council" means the Council on Sex Offender
1-12 Treatment.
1-13 (3) "Department" means the Texas Department of Health.
1-14 (4) [(2)] "Registry" means a database that is
1-15 maintained by the council and that contains the names of persons
1-16 who have met the council's criteria for the treatment of sex
1-17 offenders and who provide mental health or medical services for the
1-18 rehabilitation of sex offenders.
1-19 (5) [(3)] "Rehabilitation service" means a mental
1-20 health treatment or medical intervention program designed to treat
1-21 or remedy a sex offender's mental or medical problem that may
1-22 relate or contribute to the sex offender's criminal or paraphiliac
1-23 problem.
1-24 (6) [(4)] "Sex offender" means a person who:
2-1 (A) is convicted of committing or adjudicated to
2-2 have committed a sex crime under the laws of a state or under
2-3 federal law;
2-4 (B) is awarded deferred adjudication for a sex
2-5 crime under the laws of a state or under federal law;
2-6 (C) admits to having violated the law of a state
2-7 or federal law with regard to sexual conduct; or[.]
2-8 (D) experiences or evidences a paraphiliac
2-9 disorder as defined by the Revised Diagnostic and Statistical
2-10 Manual, including any subsequent revision of that manual.
2-11 (7) [(5)] "Sex offender treatment provider" means a
2-12 person, licensed or certified to practice in this state, who
2-13 provides mental health or medical services for rehabilitation of
2-14 sex offenders, including a physician, psychiatrist, psychologist,
2-15 licensed professional counselor, licensed marriage and family
2-16 therapist, or certified social worker.
2-17 SECTION 2. Section 2, Chapter 462, Acts of the 68th
2-18 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
2-19 Texas Civil Statutes), is amended to read as follows:
2-20 Sec. 2. COUNCIL. (a) The Council on Sex Offender Treatment
2-21 is within the department [established].
2-22 (b) The council may adopt rules consistent with this Act.
2-23 In adopting rules, the council shall consider the rules and
2-24 procedures of the board and the department and shall adopt
2-25 procedural rules consistent with similar existing rules and
2-26 procedures of the board or the department.
2-27 SECTION 3. Section 3, Chapter 462, Acts of the 68th
3-1 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
3-2 Texas Civil Statutes), is amended to read as follows:
3-3 Sec. 3. COUNCIL MEMBERSHIP; QUALIFICATIONS [ADVISORY
3-4 COMMITTEE]. (a) The council is composed of six part-time
3-5 members, including two [three public] members who are
3-6 representatives of the general public and four members each of whom
3-7 meets the council's requirements for registration as a sex
3-8 offender treatment provider. A person is not eligible for
3-9 appointment as a public member if the person meets the council's
3-10 requirements for registration as a sex offender treatment provider
3-11 or if the person or the person's spouse:
3-12 (1) is registered, certified, or licensed by an
3-13 occupational regulatory agency in the field of sex offender
3-14 treatment;
3-15 (2) is employed by or participates in the management
3-16 of a business entity or other organization regulated by the council
3-17 or receiving funds from the council;
3-18 (3) owns or controls, directly or indirectly, more
3-19 than a 10 percent interest in a business entity or other
3-20 organization regulated by the council or receiving funds from the
3-21 council; or
3-22 (4) uses or receives a substantial amount of tangible
3-23 goods, services, or funds from the council, other than compensation
3-24 or reimbursement authorized by law for council membership,
3-25 attendance, or expenses.
3-26 (b) The governor shall appoint the members of the council
3-27 with the advice and consent of the senate. Appointments to the
4-1 council shall be made without regard to the race, color,
4-2 disability, sex, religion, age, or national origin of the
4-3 appointees.
4-4 (c) To be eligible to take office as a member of the
4-5 council, a person appointed to the council must complete at least
4-6 one course of a training program that complies with this section.
4-7 If the course has not been completed at the time of the
4-8 appointment, the training program is to be completed within six
4-9 months from the date of appointment, failure of which constitutes
4-10 grounds for removal from the council.
4-11 (d) The training program must provide information to the
4-12 person regarding:
4-13 (1) the enabling legislation that created the council;
4-14 (2) the programs operated by the council;
4-15 (3) the role and functions of the council;
4-16 (4) the rules of the council with an emphasis on the
4-17 rules that relate to disciplinary and investigatory authority;
4-18 (5) the current budget for the council;
4-19 (6) the results of the most recent formal audit of the
4-20 council;
4-21 (7) the requirements of the:
4-22 (A) open meetings law, Chapter 551, Government
4-23 Code;
4-24 (B) open records law, Chapter 552, Government
4-25 Code; and
4-26 (C) administrative procedure law, Chapter 2001,
4-27 Government Code;
5-1 (8) the requirements of the conflict of interest laws
5-2 and other laws relating to public officials; and
5-3 (9) any applicable ethics policies adopted by the
5-4 council or the Texas Ethics Commission.
5-5 (e) A person appointed to the council is entitled to
5-6 reimbursement for travel expenses incurred in attending the
5-7 training program, as provided by the General Appropriations Act and
5-8 as if the person were a member of the council.
5-9 [(b) An interagency advisory committee may advise the
5-10 council on administering its duties under this Act. The
5-11 interagency advisory committee is composed of 11 members. The
5-12 executive head of each of the following agencies or the designated
5-13 representative of the executive head shall serve as a member of the
5-14 interagency advisory committee: the Texas Department of Criminal
5-15 Justice, Texas Juvenile Probation Commission, Texas Department of
5-16 Mental Health and Mental Retardation, Texas Youth Commission, Sam
5-17 Houston State University, Department of Protective and Regulatory
5-18 Services, Texas Council of Community Mental Health and Mental
5-19 Retardation Centers, and Texas Department of Health. The director
5-20 of the Criminal Justice Division of the Governor's Office or the
5-21 designated representative of the director shall serve as a member
5-22 of the interagency advisory committee.]
5-23 [(c) If the director of the Criminal Justice Division of the
5-24 Governor's Office or an executive head of a state agency designates
5-25 a representative as a member of the interagency advisory committee,
5-26 the representative must be at the time of the designation and
5-27 during the time of service on the committee an officer or employee
6-1 of the agency or division.]
6-2 SECTION 4. Chapter 462, Acts of the 68th Legislature,
6-3 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
6-4 Statutes), is amended by adding Section 3A to read as follows:
6-5 Sec. 3A. CONFLICT OF INTEREST. (a) An officer, employee,
6-6 or paid consultant of a Texas trade association in the field of sex
6-7 offender treatment may not be a member of the council or an
6-8 employee of the council who is exempt from the state's position
6-9 classification plan or is compensated at or above the amount
6-10 prescribed by the General Appropriations Act for step 1, salary
6-11 group 17, of the position classification salary schedule. A person
6-12 who is the spouse of an officer, manager, or paid consultant of a
6-13 Texas trade association in the field of sex offender treatment may
6-14 not be a member of the council and may not be an employee of the
6-15 council who is exempt from the state's position classification plan
6-16 or is compensated at or above the amount prescribed by the General
6-17 Appropriations Act for step 1, salary group 17, of the position
6-18 classification salary schedule. For purposes of this subsection, a
6-19 Texas trade association is a nonprofit, cooperative, and
6-20 voluntarily joined association of business or professional
6-21 competitors in this state designed to assist its members and its
6-22 industry or profession in dealing with mutual business or
6-23 professional problems and in promoting their common interest.
6-24 (b) A person may not serve as a member of the council or act
6-25 as the general counsel to the council if the person is required to
6-26 register as a lobbyist under Chapter 305, Government Code, because
6-27 of the person's activities for compensation on behalf of a
7-1 profession related to the operation of the council.
7-2 SECTION 5. Section 4, Chapter 462, Acts of the 68th
7-3 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
7-4 Texas Civil Statutes), is amended to read as follows:
7-5 Sec. 4. TERMS; GROUNDS FOR REMOVAL. (a) Members of the
7-6 council hold office for staggered terms of six years, with two
7-7 members' terms [one member's term] expiring February 1 of each
7-8 odd-numbered year.
7-9 (b) It is grounds for removal from the council if a member:
7-10 (1) does not have at the time of appointment, except
7-11 for Sections 3(c) and (d), the qualifications required by Section 3
7-12 of this Act;
7-13 (2) does not maintain during service on the council
7-14 the qualifications required by Section 3 of this Act;
7-15 (3) violates a prohibition established by Section 3A
7-16 of this Act;
7-17 (4) cannot because of illness or disability discharge
7-18 the member's duties for a substantial part of the term for which
7-19 the member is appointed; or
7-20 (5) is absent from more than half of the regularly
7-21 scheduled council meetings that the member is eligible to attend
7-22 during a calendar year unless the absence is excused by majority
7-23 vote of the council.
7-24 (c) The validity of an action of the council is not affected
7-25 by the fact that it is taken when a ground for removal of a council
7-26 member exists.
7-27 (d) If the executive director has knowledge that a potential
8-1 ground for removal exists, the executive director shall notify the
8-2 presiding officer of the council of the potential ground. The
8-3 presiding officer shall then notify the governor and the attorney
8-4 general that a potential ground for removal exists. If the
8-5 potential ground for removal involves the presiding officer, the
8-6 executive director shall notify the next highest ranking officer of
8-7 the council, who shall notify the governor and the attorney general
8-8 that a potential ground for removal exists.
8-9 SECTION 6. Section 5, Chapter 462, Acts of the 68th
8-10 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
8-11 Texas Civil Statutes), is amended to read as follows:
8-12 Sec. 5. OFFICER; MEETINGS; QUORUM. (a) The governor shall
8-13 designate a member of the council as the presiding officer of the
8-14 council to serve in that capacity at the pleasure of the governor
8-15 [At the first meeting of each year the council shall elect a
8-16 chairman from its members].
8-17 (b) The council shall meet at least four times each year,
8-18 and may meet at other times at the call of the presiding officer
8-19 [chairman] or as provided by council rule.
8-20 (c) Four [Two] members of the council constitute a quorum.
8-21 [(d) The interagency advisory committee shall elect a
8-22 chairman from among its members. The committee shall meet at the
8-23 call of its chairman or at the request of the council. Seven
8-24 members of the committee constitute a quorum.]
8-25 SECTION 7. Chapter 462, Acts of the 68th Legislature,
8-26 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
8-27 Statutes), is amended by adding Section 5A to read as follows:
9-1 Sec. 5A. ADVISORY COMMITTEE. (a) An interagency advisory
9-2 committee is established to advise the council on administering its
9-3 duties under this Act.
9-4 (b) The executive head of each of the following agencies or
9-5 the designated representative of the executive head shall serve as
9-6 a member of the interagency advisory committee:
9-7 (1) Texas Department of Criminal Justice;
9-8 (2) Texas Juvenile Probation Commission;
9-9 (3) Texas Department of Mental Health and Mental
9-10 Retardation;
9-11 (4) Texas Youth Commission;
9-12 (5) Sam Houston State University;
9-13 (6) Department of Protective and Regulatory Services;
9-14 and
9-15 (7) Texas Council of Community Mental Health and
9-16 Mental Retardation Centers.
9-17 (c) The director of each of the following divisions of a
9-18 state agency or the designated representative of the director shall
9-19 serve as a member of the interagency advisory committee:
9-20 (1) the criminal justice division of the governor's
9-21 office; and
9-22 (2) the sexual assault prevention and crisis services
9-23 division of the office of the attorney general.
9-24 (d) The council may appoint additional members to the
9-25 interagency advisory committee as the council determines to be
9-26 necessary. An additional member appointed by the council must be a
9-27 representative of a public or private nonprofit entity that has a
10-1 demonstrated interest in improving the treatment of sex offenders.
10-2 (e) If the executive head of a state agency or the director
10-3 of a division designates a representative as a member of the
10-4 interagency advisory committee under this section, the
10-5 representative must be, at the time of the designation and during
10-6 the time of service on the committee, an officer or employee of the
10-7 agency or division.
10-8 (f) The interagency advisory committee shall elect a
10-9 presiding officer from among its members. The committee shall meet
10-10 at the call of its presiding officer or at the request of the
10-11 council. A majority of the members of the committee constitutes a
10-12 quorum.
10-13 SECTION 8. Section 7, Chapter 462, Acts of the 68th
10-14 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
10-15 Texas Civil Statutes), is amended by amending Subsection (a) and
10-16 adding Subsection (c) to read as follows:
10-17 (a) The commissioner of health shall [council may] employ an
10-18 executive director, chosen with the advice and consent of the
10-19 council, who is the executive head of the council and performs its
10-20 administrative duties. The council shall develop and implement
10-21 policies that clearly separate the policymaking responsibilities of
10-22 the council and the management responsibilities of the executive
10-23 director and the staff of the council.
10-24 (c) The executive director or the executive director's
10-25 designee shall provide to members of the council and to council
10-26 employees, as often as necessary, information regarding their
10-27 qualification for office or employment under this Act and their
11-1 responsibilities under applicable laws relating to standards of
11-2 conduct for state officers or employees.
11-3 SECTION 9. Section 8, Chapter 462, Acts of the 68th
11-4 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
11-5 Texas Civil Statutes), is amended to read as follows:
11-6 Sec. 8. DUTIES. The council shall:
11-7 (1) [determine if a state-administered sex offender
11-8 treatment program is necessary and identify needed services for the
11-9 treatment and rehabilitation of sex offenders and report to the
11-10 governor, lieutenant governor, and speaker of the house of
11-11 representatives about the nature of the services and the funding
11-12 necessary for the services;]
11-13 [(2)] develop treatment strategies for sex offenders
11-14 by evaluating in-state and out-of-state programs for sex offender
11-15 treatment, set standards for treatment of sex offenders that must
11-16 be met by sex offender treatment providers to be eligible for
11-17 inclusion in the council's registry, and recommend to licensing and
11-18 regulatory boards and to the directors of current programs methods
11-19 of improving programs to meet council standards;
11-20 (2) [(3)] collect and disseminate information to
11-21 judicial officers, community supervision [probation] or parole
11-22 workers, appropriate state and municipal agencies, and the general
11-23 public about available sex offender treatment programs;
11-24 (3) [(4)] distribute money appropriated to the council
11-25 by the legislature for that purpose to political subdivisions,
11-26 private organizations, or other persons to be used for the
11-27 development, operation, or evaluation of sex offender treatment
12-1 programs;
12-2 (4) [(5)] advise and assist agencies in coordinating
12-3 procedures to provide treatment services that may include
12-4 community-based programs;
12-5 (5) [(6)] establish and maintain a registry of sex
12-6 offender treatment providers in accordance with Section 13 of this
12-7 Act;
12-8 (6) [(7)] design and conduct continuing education
12-9 programs for sex offender treatment providers; and
12-10 (7) [(8)] develop and implement by rule registration
12-11 requirements and procedures for treatment providers in the
12-12 registry.
12-13 SECTION 10. Chapter 462, Acts of the 68th Legislature,
12-14 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
12-15 Statutes), is amended by adding Section 8A to read as follows:
12-16 Sec. 8A. PUBLIC ACCESSIBILITY. (a) The council shall
12-17 prepare information of public interest describing the functions of
12-18 the council and the procedures by which complaints are filed with
12-19 and resolved by the council. The council shall make the
12-20 information available to the public and appropriate state agencies.
12-21 (b) The council shall comply with federal and state laws
12-22 related to program and facility accessibility. The executive
12-23 director shall also prepare and maintain a written plan that
12-24 describes how a person who does not speak English can be provided
12-25 reasonable access to the council's programs and services.
12-26 (c) The council shall develop and implement policies that
12-27 provide the public with a reasonable opportunity to appear before
13-1 the council and to speak on any issue under the jurisdiction of the
13-2 council.
13-3 SECTION 11. Chapter 462, Acts of the 68th Legislature,
13-4 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
13-5 Statutes), is amended by adding Section 8B to read as follows:
13-6 Sec. 8B. COMPLAINT RESOLUTION. (a) The council by rule
13-7 shall establish methods by which consumers and service recipients
13-8 are notified of the name, mailing address, and telephone number of
13-9 the council for the purpose of directing complaints to the council.
13-10 The council may provide for that notification:
13-11 (1) on each registration form, application, or written
13-12 contract for services of an individual or entity regulated under
13-13 this Act;
13-14 (2) on a sign prominently displayed in the place of
13-15 business of each individual or entity regulated under this Act; or
13-16 (3) in a bill for service provided by an individual or
13-17 entity regulated under this Act.
13-18 (b) The council shall keep a file about each written
13-19 complaint filed with the council that the council has authority to
13-20 resolve. The council shall provide to the person filing the
13-21 complaint and the persons or entities complained about the
13-22 council's policies and procedures pertaining to complaint
13-23 investigation and resolution. The council, at least quarterly and
13-24 until final disposition of the complaint, shall notify the person
13-25 filing the complaint and the persons or entities complained about
13-26 of the status of the complaint unless the notice would jeopardize
13-27 an undercover investigation.
14-1 (c) The council shall keep information about each complaint
14-2 filed with the council. The information shall include:
14-3 (1) the date the complaint is received;
14-4 (2) the name of the complainant;
14-5 (3) the subject matter of the complaint;
14-6 (4) a record of all persons contacted in relation to
14-7 the complaint;
14-8 (5) a summary of the results of the review or
14-9 investigation of the complaint; and
14-10 (6) for a complaint for which the council took no
14-11 action, an explanation of the reason the complaint was closed
14-12 without action.
14-13 SECTION 12. Section 13, Chapter 462, Acts of the 68th
14-14 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
14-15 Texas Civil Statutes), is amended by adding Subsection (c) to read
14-16 as follows:
14-17 (c) The council may waive any prerequisite to registration
14-18 for an applicant after reviewing the applicant's credentials and
14-19 determining that the applicant holds a valid registration from
14-20 another state that has registration requirements substantially
14-21 equivalent to those of this state.
14-22 SECTION 13. Section 13A, Chapter 462, Acts of the 68th
14-23 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
14-24 Texas Civil Statutes), is amended to read as follows:
14-25 Sec. 13A. FEES. (a) The council shall [may] charge and
14-26 collect reasonable fees in an amount necessary [set] to recover
14-27 [cover] the cost of administering this Act and shall send all fees
15-1 collected under this section to the department. Fees charged and
15-2 collected by the council under this section may include [council's
15-3 administrative and reproduction costs, including]:
15-4 (1) sex offender treatment provider registration and
15-5 renewal fees;
15-6 (2) training fees;
15-7 (3) publication fees; and
15-8 (4) fees for providing continuing education and other
15-9 services to treatment providers.
15-10 (b) A person whose registration has expired may not engage
15-11 in activities that require registration until the registration has
15-12 been renewed.
15-13 (c) The council by rule may adopt a system under which
15-14 registrations expire on various dates during the year. For the
15-15 year in which the registration expiration date is changed,
15-16 registration fees shall be prorated on a monthly basis so that each
15-17 person pays only that portion of the registration fee that is
15-18 allocable to the number of months during which the registration is
15-19 valid. On renewal of the registration on the new expiration date,
15-20 the total registration renewal fee is payable.
15-21 (d) At least 30 days before the date a person's registration
15-22 expires, the council shall send written notice of the registration
15-23 expiration to the person at the person's last known address
15-24 according to the records of the council.
15-25 (e) A person who is otherwise eligible to renew a
15-26 registration may renew an unexpired registration by paying the
15-27 required registration fee to the council before the expiration date
16-1 of the registration. If the person's registration has been expired
16-2 for 90 days or less, the person may renew the registration by
16-3 paying to the council one and one-half times the required renewal
16-4 fee. If the person's registration has been expired for longer than
16-5 90 days but less than one year, the person may renew the
16-6 registration by paying to the council two times the required
16-7 renewal fee.
16-8 (f) If the person's registration has been expired for one
16-9 year or longer, the person may not renew the registration except as
16-10 otherwise provided by this subsection. The person may obtain a new
16-11 registration by submitting to reexamination and complying with the
16-12 requirements and procedures for obtaining an original registration.
16-13 If the person was registered in this state, moved to another state,
16-14 and has been registered and in practice in the other state for two
16-15 years preceding the date of application for renewal, the person may
16-16 renew a registration that has been expired for one year or longer
16-17 by paying to the council two times the required renewal fee.
16-18 SECTION 14. Section 13C, Chapter 462, Acts of the 68th
16-19 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
16-20 Texas Civil Statutes), is amended to read as follows:
16-21 Sec. 13C. ADMINISTRATIVE HEARING AND JUDICIAL REVIEW
16-22 REGARDING [OF] EXCLUSION FROM REGISTRY. (a) The council shall
16-23 revoke, suspend, or refuse to renew a registration, place on
16-24 probation a person whose registration has been suspended, or
16-25 reprimand a person who is listed in the registry for a violation of
16-26 this Act or a rule of the council. If the suspension of a person's
16-27 registration is probated, the council may require the person to:
17-1 (1) report regularly to the council on matters that
17-2 are the basis of the probation;
17-3 (2) limit the person's practice to the areas
17-4 prescribed by the council; or
17-5 (3) continue or review professional education until
17-6 the person attains a degree of skill satisfactory to the council in
17-7 those areas that are the basis of the probation.
17-8 (b) If the council proposes to revoke, suspend, or refuse to
17-9 renew a person's registration, the person is entitled to a hearing
17-10 conducted by the State Office of Administrative Hearings.
17-11 Proceedings for a disciplinary action are governed by the
17-12 administrative procedure law, Chapter 2001, Government Code. Rules
17-13 of practice adopted by the council under Section 2001.004,
17-14 Government Code, applicable to the proceedings for a disciplinary
17-15 action may not conflict with rules adopted by the State Office of
17-16 Administrative Hearings.
17-17 (c) A person [excluded from the registry] may appeal a final
17-18 [the council's] decision of the council to exclude the person from
17-19 the registry by filing a petition for judicial review in the manner
17-20 provided by Section 2001.176, Government Code [19, Administrative
17-21 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
17-22 Civil Statutes)].
17-23 SECTION 15. Section 14, Chapter 462, Acts of the 68th
17-24 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
17-25 Texas Civil Statutes), is amended to read as follows:
17-26 Sec. 14. DEPOSIT TO STATE TREASURY; ANNUAL REPORT
17-27 [APPLICATION OF SUNSET ACT]. (a) All money collected under this
18-1 Act is subject to Subchapter F, Chapter 404, Government Code.
18-2 (b) The department shall prepare annually a complete and
18-3 detailed written report accounting for all funds received and
18-4 disbursed by the council during the preceding fiscal year. The
18-5 annual report must meet the reporting requirements applicable to
18-6 financial reporting provided in the General Appropriations Act
18-7 [The council is subject to Chapter 325, Government Code (Texas
18-8 Sunset Act). Unless continued in existence as provided by that
18-9 chapter, the council is abolished and this Act expires September 1,
18-10 1997].
18-11 SECTION 16. Section 413.009(a), Government Code, is amended
18-12 to read as follows:
18-13 (a) To accomplish its duties the policy council shall:
18-14 (1) conduct an in-depth analysis of the criminal
18-15 justice system;
18-16 (2) determine the long-range needs of the criminal
18-17 justice system and recommend policy priorities for the system;
18-18 (3) identify critical problems in the criminal justice
18-19 system and recommend strategies to solve those problems;
18-20 (4) assess the cost-effectiveness of the use of state
18-21 and local funds in the criminal justice system;
18-22 (5) recommend means to improve the deterrent and
18-23 rehabilitative capabilities of the criminal justice system;
18-24 (6) advise and assist the legislature in developing
18-25 plans, programs, and proposed legislation for improving the
18-26 effectiveness of the criminal justice system;
18-27 (7) evaluate the rehabilitative capabilities of a
19-1 state-administered sex offender treatment program and, based on
19-2 that evaluation, determine if the program is necessary;
19-3 (8) [(7)] make computations of daily costs and compare
19-4 interagency costs on services provided by agencies that are a part
19-5 of the criminal justice system;
19-6 (9) [(8)] make population computations for use in
19-7 planning for the long-range needs of the criminal justice system;
19-8 (10) [(9)] determine long-range information needs of
19-9 the criminal justice system and acquire that information; and
19-10 (11) [(10)] engage in other activities consistent with
19-11 the responsibilities of the policy council.
19-12 SECTION 17. (a) On the effective date of this Act:
19-13 (1) all unobligated funds of the Council on Sex
19-14 Offender Treatment are transferred to the Texas Department of
19-15 Health;
19-16 (2) the property and records of the council are
19-17 transferred to the Texas Department of Health; and
19-18 (3) an employee of the council becomes an employee of
19-19 the Texas Department of Health.
19-20 (b) As soon as possible on or after the effective date of
19-21 this Act, the governor shall appoint three new members to the
19-22 Council on Sex Offender Treatment to satisfy the new membership
19-23 required by Section 3, Chapter 462, Acts of the 68th Legislature,
19-24 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
19-25 Statutes), as amended by this Act. In making the appointments, the
19-26 governor shall designate one member for a term expiring February 1,
19-27 1999, one member for a term expiring February 1, 2001, and one
20-1 member for a term expiring February 1, 2003. The terms of the two
20-2 designated public members, which may include members serving on the
20-3 council immediately before September 1, 1997, may not expire in the
20-4 same year. The term of a member appointed by the governor to fill
20-5 a vacancy created by the expiration of the term of a current member
20-6 or the expiration of the term of a new member appointed under this
20-7 subsection is six years.
20-8 (c) The changes in law made by this Act in the
20-9 qualifications of, and the prohibitions applying to, the members of
20-10 the Council on Sex Offender Treatment and the designation of a
20-11 presiding officer of that council do not affect the entitlement of
20-12 a member or a chairman serving on the council immediately before
20-13 September 1, 1997, to continue to act in that capacity for the
20-14 remainder of the member's or chairman's term. The changes in law
20-15 apply only to a member appointed or a presiding officer designated
20-16 on or after September 1, 1997. This Act does not prohibit a person
20-17 who is a member of the council on September 1, 1997, and who has
20-18 the qualifications required for a member under Chapter 462, Acts of
20-19 the 68th Legislature, Regular Session, 1983 (Article 4413(51),
20-20 Vernon's Texas Civil Statutes), as amended by this Act, from:
20-21 (1) being reappointed to the council; or
20-22 (2) being designated as the presiding officer of the
20-23 council.
20-24 (d) As soon as possible on or after September 1, 1997, the
20-25 commissioner of public health shall employ an executive director
20-26 for the Council on Sex Offender Treatment as required by Section 7,
20-27 Chapter 462, Acts of the 68th Legislature, Regular Session, 1983
21-1 (Article 4413(51), Vernon's Texas Civil Statutes), as amended by
21-2 this Act. The change in law made by this Act to Section 7 does not
21-3 prohibit the commissioner of public health from employing as
21-4 executive director the person who holds that position immediately
21-5 before September 1, 1997.
21-6 SECTION 18. This Act takes effect September 1, 1997.
21-7 SECTION 19. The importance of this legislation and the
21-8 crowded condition of the calendars in both houses create an
21-9 emergency and an imperative public necessity that the
21-10 constitutional rule requiring bills to be read on three several
21-11 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. 2699 was passed by the House on April
15, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2699 was passed by the Senate on May
15, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor