1-1 By: Gray, et al. (Senate Sponsor - Brown) H.B. No. 2699
1-2 (In the Senate - Received from the House April 16, 1997;
1-3 April 18, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 7, 1997, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 7, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Council on Sex
1-9 Offender Treatment and to the administration of certain of those
1-10 functions by the Texas Department of Health.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1, Chapter 462, Acts of the 68th
1-13 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
1-14 Texas Civil Statutes), is amended to read as follows:
1-15 Sec. 1. DEFINITIONS. In this Act:
1-16 (1) "Board" means the Texas Board of Health.
1-17 (2) "Council" means the Council on Sex Offender
1-18 Treatment.
1-19 (3) "Department" means the Texas Department of Health.
1-20 (4) [(2)] "Registry" means a database that is
1-21 maintained by the council and that contains the names of persons
1-22 who have met the council's criteria for the treatment of sex
1-23 offenders and who provide mental health or medical services for the
1-24 rehabilitation of sex offenders.
1-25 (5) [(3)] "Rehabilitation service" means a mental
1-26 health treatment or medical intervention program designed to treat
1-27 or remedy a sex offender's mental or medical problem that may
1-28 relate or contribute to the sex offender's criminal or paraphiliac
1-29 problem.
1-30 (6) [(4)] "Sex offender" means a person who:
1-31 (A) is convicted of committing or adjudicated to
1-32 have committed a sex crime under the laws of a state or under
1-33 federal law;
1-34 (B) is awarded deferred adjudication for a sex
1-35 crime under the laws of a state or under federal law;
1-36 (C) admits to having violated the law of a state
1-37 or federal law with regard to sexual conduct; or[.]
1-38 (D) experiences or evidences a paraphiliac
1-39 disorder as defined by the Revised Diagnostic and Statistical
1-40 Manual, including any subsequent revision of that manual.
1-41 (7) [(5)] "Sex offender treatment provider" means a
1-42 person, licensed or certified to practice in this state, who
1-43 provides mental health or medical services for rehabilitation of
1-44 sex offenders, including a physician, psychiatrist, psychologist,
1-45 licensed professional counselor, licensed marriage and family
1-46 therapist, or certified social worker.
1-47 SECTION 2. Section 2, Chapter 462, Acts of the 68th
1-48 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
1-49 Texas Civil Statutes), is amended to read as follows:
1-50 Sec. 2. COUNCIL. (a) The Council on Sex Offender Treatment
1-51 is within the department [established].
1-52 (b) The council may adopt rules consistent with this Act.
1-53 In adopting rules, the council shall consider the rules and
1-54 procedures of the board and the department and shall adopt
1-55 procedural rules consistent with similar existing rules and
1-56 procedures of the board or the department.
1-57 SECTION 3. Section 3, Chapter 462, Acts of the 68th
1-58 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
1-59 Texas Civil Statutes), is amended to read as follows:
1-60 Sec. 3. COUNCIL MEMBERSHIP; QUALIFICATIONS [ADVISORY
1-61 COMMITTEE]. (a) The council is composed of six part-time
1-62 members, including two [three public] members who are
1-63 representatives of the general public and four members each of whom
1-64 meets the council's requirements for registration as a sex
2-1 offender treatment provider. A person is not eligible for
2-2 appointment as a public member if the person meets the council's
2-3 requirements for registration as a sex offender treatment provider
2-4 or if the person or the person's spouse:
2-5 (1) is registered, certified, or licensed by an
2-6 occupational regulatory agency in the field of sex offender
2-7 treatment;
2-8 (2) is employed by or participates in the management
2-9 of a business entity or other organization regulated by the council
2-10 or receiving funds from the council;
2-11 (3) owns or controls, directly or indirectly, more
2-12 than a 10 percent interest in a business entity or other
2-13 organization regulated by the council or receiving funds from the
2-14 council; or
2-15 (4) uses or receives a substantial amount of tangible
2-16 goods, services, or funds from the council, other than compensation
2-17 or reimbursement authorized by law for council membership,
2-18 attendance, or expenses.
2-19 (b) The governor shall appoint the members of the council
2-20 with the advice and consent of the senate. Appointments to the
2-21 council shall be made without regard to the race, color,
2-22 disability, sex, religion, age, or national origin of the
2-23 appointees.
2-24 (c) To be eligible to take office as a member of the
2-25 council, a person appointed to the council must complete at least
2-26 one course of a training program that complies with this section.
2-27 If the course has not been completed at the time of the
2-28 appointment, the training program is to be completed within six
2-29 months from the date of appointment, failure of which constitutes
2-30 grounds for removal from the council.
2-31 (d) The training program must provide information to the
2-32 person regarding:
2-33 (1) the enabling legislation that created the council;
2-34 (2) the programs operated by the council;
2-35 (3) the role and functions of the council;
2-36 (4) the rules of the council with an emphasis on the
2-37 rules that relate to disciplinary and investigatory authority;
2-38 (5) the current budget for the council;
2-39 (6) the results of the most recent formal audit of the
2-40 council;
2-41 (7) the requirements of the:
2-42 (A) open meetings law, Chapter 551, Government
2-43 Code;
2-44 (B) open records law, Chapter 552, Government
2-45 Code; and
2-46 (C) administrative procedure law, Chapter 2001,
2-47 Government Code;
2-48 (8) the requirements of the conflict of interest laws
2-49 and other laws relating to public officials; and
2-50 (9) any applicable ethics policies adopted by the
2-51 council or the Texas Ethics Commission.
2-52 (e) A person appointed to the council is entitled to
2-53 reimbursement for travel expenses incurred in attending the
2-54 training program, as provided by the General Appropriations Act and
2-55 as if the person were a member of the council.
2-56 [(b) An interagency advisory committee may advise the
2-57 council on administering its duties under this Act. The
2-58 interagency advisory committee is composed of 11 members. The
2-59 executive head of each of the following agencies or the designated
2-60 representative of the executive head shall serve as a member of the
2-61 interagency advisory committee: the Texas Department of Criminal
2-62 Justice, Texas Juvenile Probation Commission, Texas Department of
2-63 Mental Health and Mental Retardation, Texas Youth Commission, Sam
2-64 Houston State University, Department of Protective and Regulatory
2-65 Services, Texas Council of Community Mental Health and Mental
2-66 Retardation Centers, and Texas Department of Health. The director
2-67 of the Criminal Justice Division of the Governor's Office or the
2-68 designated representative of the director shall serve as a member
2-69 of the interagency advisory committee.]
3-1 [(c) If the director of the Criminal Justice Division of the
3-2 Governor's Office or an executive head of a state agency designates
3-3 a representative as a member of the interagency advisory committee,
3-4 the representative must be at the time of the designation and
3-5 during the time of service on the committee an officer or employee
3-6 of the agency or division.]
3-7 SECTION 4. Chapter 462, Acts of the 68th Legislature,
3-8 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
3-9 Statutes), is amended by adding Section 3A to read as follows:
3-10 Sec. 3A. CONFLICT OF INTEREST. (a) An officer, employee,
3-11 or paid consultant of a Texas trade association in the field of sex
3-12 offender treatment may not be a member of the council or an
3-13 employee of the council who is exempt from the state's position
3-14 classification plan or is compensated at or above the amount
3-15 prescribed by the General Appropriations Act for step 1, salary
3-16 group 17, of the position classification salary schedule. A person
3-17 who is the spouse of an officer, manager, or paid consultant of a
3-18 Texas trade association in the field of sex offender treatment may
3-19 not be a member of the council and may not be an employee of the
3-20 council who is exempt from the state's position classification plan
3-21 or is compensated at or above the amount prescribed by the General
3-22 Appropriations Act for step 1, salary group 17, of the position
3-23 classification salary schedule. For purposes of this subsection, a
3-24 Texas trade association is a nonprofit, cooperative, and
3-25 voluntarily joined association of business or professional
3-26 competitors in this state designed to assist its members and its
3-27 industry or profession in dealing with mutual business or
3-28 professional problems and in promoting their common interest.
3-29 (b) A person may not serve as a member of the council or act
3-30 as the general counsel to the council if the person is required to
3-31 register as a lobbyist under Chapter 305, Government Code, because
3-32 of the person's activities for compensation on behalf of a
3-33 profession related to the operation of the council.
3-34 SECTION 5. Section 4, Chapter 462, Acts of the 68th
3-35 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
3-36 Texas Civil Statutes), is amended to read as follows:
3-37 Sec. 4. TERMS; GROUNDS FOR REMOVAL. (a) Members of the
3-38 council hold office for staggered terms of six years, with two
3-39 members' terms [one member's term] expiring February 1 of each
3-40 odd-numbered year.
3-41 (b) It is grounds for removal from the council if a member:
3-42 (1) does not have at the time of appointment, except
3-43 for Sections 3(c) and (d), the qualifications required by Section 3
3-44 of this Act;
3-45 (2) does not maintain during service on the council
3-46 the qualifications required by Section 3 of this Act;
3-47 (3) violates a prohibition established by Section 3A
3-48 of this Act;
3-49 (4) cannot because of illness or disability discharge
3-50 the member's duties for a substantial part of the term for which
3-51 the member is appointed; or
3-52 (5) is absent from more than half of the regularly
3-53 scheduled council meetings that the member is eligible to attend
3-54 during a calendar year unless the absence is excused by majority
3-55 vote of the council.
3-56 (c) The validity of an action of the council is not affected
3-57 by the fact that it is taken when a ground for removal of a council
3-58 member exists.
3-59 (d) If the executive director has knowledge that a potential
3-60 ground for removal exists, the executive director shall notify the
3-61 presiding officer of the council of the potential ground. The
3-62 presiding officer shall then notify the governor and the attorney
3-63 general that a potential ground for removal exists. If the
3-64 potential ground for removal involves the presiding officer, the
3-65 executive director shall notify the next highest ranking officer of
3-66 the council, who shall notify the governor and the attorney general
3-67 that a potential ground for removal exists.
3-68 SECTION 6. Section 5, Chapter 462, Acts of the 68th
3-69 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
4-1 Texas Civil Statutes), is amended to read as follows:
4-2 Sec. 5. OFFICER; MEETINGS; QUORUM. (a) The governor shall
4-3 designate a member of the council as the presiding officer of the
4-4 council to serve in that capacity at the pleasure of the governor
4-5 [At the first meeting of each year the council shall elect a
4-6 chairman from its members].
4-7 (b) The council shall meet at least four times each year,
4-8 and may meet at other times at the call of the presiding officer
4-9 [chairman] or as provided by council rule.
4-10 (c) Four [Two] members of the council constitute a quorum.
4-11 [(d) The interagency advisory committee shall elect a
4-12 chairman from among its members. The committee shall meet at the
4-13 call of its chairman or at the request of the council. Seven
4-14 members of the committee constitute a quorum.]
4-15 SECTION 7. Chapter 462, Acts of the 68th Legislature,
4-16 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
4-17 Statutes), is amended by adding Section 5A to read as follows:
4-18 Sec. 5A. ADVISORY COMMITTEE. (a) An interagency advisory
4-19 committee is established to advise the council on administering its
4-20 duties under this Act.
4-21 (b) The executive head of each of the following agencies or
4-22 the designated representative of the executive head shall serve as
4-23 a member of the interagency advisory committee:
4-24 (1) Texas Department of Criminal Justice;
4-25 (2) Texas Juvenile Probation Commission;
4-26 (3) Texas Department of Mental Health and Mental
4-27 Retardation;
4-28 (4) Texas Youth Commission;
4-29 (5) Sam Houston State University;
4-30 (6) Department of Protective and Regulatory Services;
4-31 and
4-32 (7) Texas Council of Community Mental Health and
4-33 Mental Retardation Centers.
4-34 (c) The director of each of the following divisions of a
4-35 state agency or the designated representative of the director shall
4-36 serve as a member of the interagency advisory committee:
4-37 (1) the criminal justice division of the governor's
4-38 office; and
4-39 (2) the sexual assault prevention and crisis services
4-40 division of the office of the attorney general.
4-41 (d) The council may appoint additional members to the
4-42 interagency advisory committee as the council determines to be
4-43 necessary. An additional member appointed by the council must be a
4-44 representative of a public or private nonprofit entity that has a
4-45 demonstrated interest in improving the treatment of sex offenders.
4-46 (e) If the executive head of a state agency or the director
4-47 of a division designates a representative as a member of the
4-48 interagency advisory committee under this section, the
4-49 representative must be, at the time of the designation and during
4-50 the time of service on the committee, an officer or employee of the
4-51 agency or division.
4-52 (f) The interagency advisory committee shall elect a
4-53 presiding officer from among its members. The committee shall meet
4-54 at the call of its presiding officer or at the request of the
4-55 council. A majority of the members of the committee constitutes a
4-56 quorum.
4-57 SECTION 8. Section 7, Chapter 462, Acts of the 68th
4-58 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
4-59 Texas Civil Statutes), is amended by amending Subsection (a) and
4-60 adding Subsection (c) to read as follows:
4-61 (a) The commissioner of health shall [council may] employ an
4-62 executive director, chosen with the advice and consent of the
4-63 council, who is the executive head of the council and performs its
4-64 administrative duties. The council shall develop and implement
4-65 policies that clearly separate the policymaking responsibilities of
4-66 the council and the management responsibilities of the executive
4-67 director and the staff of the council.
4-68 (c) The executive director or the executive director's
4-69 designee shall provide to members of the council and to council
5-1 employees, as often as necessary, information regarding their
5-2 qualification for office or employment under this Act and their
5-3 responsibilities under applicable laws relating to standards of
5-4 conduct for state officers or employees.
5-5 SECTION 9. Section 8, Chapter 462, Acts of the 68th
5-6 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
5-7 Texas Civil Statutes), is amended to read as follows:
5-8 Sec. 8. DUTIES. The council shall:
5-9 (1) [determine if a state-administered sex offender
5-10 treatment program is necessary and identify needed services for the
5-11 treatment and rehabilitation of sex offenders and report to the
5-12 governor, lieutenant governor, and speaker of the house of
5-13 representatives about the nature of the services and the funding
5-14 necessary for the services;]
5-15 [(2)] develop treatment strategies for sex offenders
5-16 by evaluating in-state and out-of-state programs for sex offender
5-17 treatment, set standards for treatment of sex offenders that must
5-18 be met by sex offender treatment providers to be eligible for
5-19 inclusion in the council's registry, and recommend to licensing and
5-20 regulatory boards and to the directors of current programs methods
5-21 of improving programs to meet council standards;
5-22 (2) [(3)] collect and disseminate information to
5-23 judicial officers, community supervision [probation] or parole
5-24 workers, appropriate state and municipal agencies, and the general
5-25 public about available sex offender treatment programs;
5-26 (3) [(4)] distribute money appropriated to the council
5-27 by the legislature for that purpose to political subdivisions,
5-28 private organizations, or other persons to be used for the
5-29 development, operation, or evaluation of sex offender treatment
5-30 programs;
5-31 (4) [(5)] advise and assist agencies in coordinating
5-32 procedures to provide treatment services that may include
5-33 community-based programs;
5-34 (5) [(6)] establish and maintain a registry of sex
5-35 offender treatment providers in accordance with Section 13 of this
5-36 Act;
5-37 (6) [(7)] design and conduct continuing education
5-38 programs for sex offender treatment providers; and
5-39 (7) [(8)] develop and implement by rule registration
5-40 requirements and procedures for treatment providers in the
5-41 registry.
5-42 SECTION 10. Chapter 462, Acts of the 68th Legislature,
5-43 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
5-44 Statutes), is amended by adding Section 8A to read as follows:
5-45 Sec. 8A. PUBLIC ACCESSIBILITY. (a) The council shall
5-46 prepare information of public interest describing the functions of
5-47 the council and the procedures by which complaints are filed with
5-48 and resolved by the council. The council shall make the
5-49 information available to the public and appropriate state agencies.
5-50 (b) The council shall comply with federal and state laws
5-51 related to program and facility accessibility. The executive
5-52 director shall also prepare and maintain a written plan that
5-53 describes how a person who does not speak English can be provided
5-54 reasonable access to the council's programs and services.
5-55 (c) The council shall develop and implement policies that
5-56 provide the public with a reasonable opportunity to appear before
5-57 the council and to speak on any issue under the jurisdiction of the
5-58 council.
5-59 SECTION 11. Chapter 462, Acts of the 68th Legislature,
5-60 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
5-61 Statutes), is amended by adding Section 8B to read as follows:
5-62 Sec. 8B. COMPLAINT RESOLUTION. (a) The council by rule
5-63 shall establish methods by which consumers and service recipients
5-64 are notified of the name, mailing address, and telephone number of
5-65 the council for the purpose of directing complaints to the council.
5-66 The council may provide for that notification:
5-67 (1) on each registration form, application, or written
5-68 contract for services of an individual or entity regulated under
5-69 this Act;
6-1 (2) on a sign prominently displayed in the place of
6-2 business of each individual or entity regulated under this Act; or
6-3 (3) in a bill for service provided by an individual or
6-4 entity regulated under this Act.
6-5 (b) The council shall keep a file about each written
6-6 complaint filed with the council that the council has authority to
6-7 resolve. The council shall provide to the person filing the
6-8 complaint and the persons or entities complained about the
6-9 council's policies and procedures pertaining to complaint
6-10 investigation and resolution. The council, at least quarterly and
6-11 until final disposition of the complaint, shall notify the person
6-12 filing the complaint and the persons or entities complained about
6-13 of the status of the complaint unless the notice would jeopardize
6-14 an undercover investigation.
6-15 (c) The council shall keep information about each complaint
6-16 filed with the council. The information shall include:
6-17 (1) the date the complaint is received;
6-18 (2) the name of the complainant;
6-19 (3) the subject matter of the complaint;
6-20 (4) a record of all persons contacted in relation to
6-21 the complaint;
6-22 (5) a summary of the results of the review or
6-23 investigation of the complaint; and
6-24 (6) for a complaint for which the council took no
6-25 action, an explanation of the reason the complaint was closed
6-26 without action.
6-27 SECTION 12. Section 13, Chapter 462, Acts of the 68th
6-28 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
6-29 Texas Civil Statutes), is amended by adding Subsection (c) to read
6-30 as follows:
6-31 (c) The council may waive any prerequisite to registration
6-32 for an applicant after reviewing the applicant's credentials and
6-33 determining that the applicant holds a valid registration from
6-34 another state that has registration requirements substantially
6-35 equivalent to those of this state.
6-36 SECTION 13. Section 13A, Chapter 462, Acts of the 68th
6-37 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
6-38 Texas Civil Statutes), is amended to read as follows:
6-39 Sec. 13A. FEES. (a) The council shall [may] charge and
6-40 collect reasonable fees in an amount necessary [set] to recover
6-41 [cover] the cost of administering this Act and shall send all fees
6-42 collected under this section to the department. Fees charged and
6-43 collected by the council under this section may include [council's
6-44 administrative and reproduction costs, including]:
6-45 (1) sex offender treatment provider registration and
6-46 renewal fees;
6-47 (2) training fees;
6-48 (3) publication fees; and
6-49 (4) fees for providing continuing education and other
6-50 services to treatment providers.
6-51 (b) A person whose registration has expired may not engage
6-52 in activities that require registration until the registration has
6-53 been renewed.
6-54 (c) The council by rule may adopt a system under which
6-55 registrations expire on various dates during the year. For the
6-56 year in which the registration expiration date is changed,
6-57 registration fees shall be prorated on a monthly basis so that each
6-58 person pays only that portion of the registration fee that is
6-59 allocable to the number of months during which the registration is
6-60 valid. On renewal of the registration on the new expiration date,
6-61 the total registration renewal fee is payable.
6-62 (d) At least 30 days before the date a person's registration
6-63 expires, the council shall send written notice of the registration
6-64 expiration to the person at the person's last known address
6-65 according to the records of the council.
6-66 (e) A person who is otherwise eligible to renew a
6-67 registration may renew an unexpired registration by paying the
6-68 required registration fee to the council before the expiration date
6-69 of the registration. If the person's registration has been expired
7-1 for 90 days or less, the person may renew the registration by
7-2 paying to the council one and one-half times the required renewal
7-3 fee. If the person's registration has been expired for longer than
7-4 90 days but less than one year, the person may renew the
7-5 registration by paying to the council two times the required
7-6 renewal fee.
7-7 (f) If the person's registration has been expired for one
7-8 year or longer, the person may not renew the registration except as
7-9 otherwise provided by this subsection. The person may obtain a new
7-10 registration by submitting to reexamination and complying with the
7-11 requirements and procedures for obtaining an original registration.
7-12 If the person was registered in this state, moved to another state,
7-13 and has been registered and in practice in the other state for two
7-14 years preceding the date of application for renewal, the person may
7-15 renew a registration that has been expired for one year or longer
7-16 by paying to the council two times the required renewal fee.
7-17 SECTION 14. Section 13C, Chapter 462, Acts of the 68th
7-18 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
7-19 Texas Civil Statutes), is amended to read as follows:
7-20 Sec. 13C. ADMINISTRATIVE HEARING AND JUDICIAL REVIEW
7-21 REGARDING [OF] EXCLUSION FROM REGISTRY. (a) The council shall
7-22 revoke, suspend, or refuse to renew a registration, place on
7-23 probation a person whose registration has been suspended, or
7-24 reprimand a person who is listed in the registry for a violation of
7-25 this Act or a rule of the council. If the suspension of a person's
7-26 registration is probated, the council may require the person to:
7-27 (1) report regularly to the council on matters that
7-28 are the basis of the probation;
7-29 (2) limit the person's practice to the areas
7-30 prescribed by the council; or
7-31 (3) continue or review professional education until
7-32 the person attains a degree of skill satisfactory to the council in
7-33 those areas that are the basis of the probation.
7-34 (b) If the council proposes to revoke, suspend, or refuse to
7-35 renew a person's registration, the person is entitled to a hearing
7-36 conducted by the State Office of Administrative Hearings.
7-37 Proceedings for a disciplinary action are governed by the
7-38 administrative procedure law, Chapter 2001, Government Code. Rules
7-39 of practice adopted by the council under Section 2001.004,
7-40 Government Code, applicable to the proceedings for a disciplinary
7-41 action may not conflict with rules adopted by the State Office of
7-42 Administrative Hearings.
7-43 (c) A person [excluded from the registry] may appeal a final
7-44 [the council's] decision of the council to exclude the person from
7-45 the registry by filing a petition for judicial review in the manner
7-46 provided by Section 2001.176, Government Code [19, Administrative
7-47 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
7-48 Civil Statutes)].
7-49 SECTION 15. Section 14, Chapter 462, Acts of the 68th
7-50 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
7-51 Texas Civil Statutes), is amended to read as follows:
7-52 Sec. 14. DEPOSIT TO STATE TREASURY; ANNUAL REPORT
7-53 [APPLICATION OF SUNSET ACT]. (a) All money collected under this
7-54 Act is subject to Subchapter F, Chapter 404, Government Code.
7-55 (b) The department shall prepare annually a complete and
7-56 detailed written report accounting for all funds received and
7-57 disbursed by the council during the preceding fiscal year. The
7-58 annual report must meet the reporting requirements applicable to
7-59 financial reporting provided in the General Appropriations Act
7-60 [The council is subject to Chapter 325, Government Code (Texas
7-61 Sunset Act). Unless continued in existence as provided by that
7-62 chapter, the council is abolished and this Act expires September 1,
7-63 1997].
7-64 SECTION 16. Section 413.009(a), Government Code, is amended
7-65 to read as follows:
7-66 (a) To accomplish its duties the policy council shall:
7-67 (1) conduct an in-depth analysis of the criminal
7-68 justice system;
7-69 (2) determine the long-range needs of the criminal
8-1 justice system and recommend policy priorities for the system;
8-2 (3) identify critical problems in the criminal justice
8-3 system and recommend strategies to solve those problems;
8-4 (4) assess the cost-effectiveness of the use of state
8-5 and local funds in the criminal justice system;
8-6 (5) recommend means to improve the deterrent and
8-7 rehabilitative capabilities of the criminal justice system;
8-8 (6) advise and assist the legislature in developing
8-9 plans, programs, and proposed legislation for improving the
8-10 effectiveness of the criminal justice system;
8-11 (7) evaluate the rehabilitative capabilities of a
8-12 state-administered sex offender treatment program and, based on
8-13 that evaluation, determine if the program is necessary;
8-14 (8) [(7)] make computations of daily costs and compare
8-15 interagency costs on services provided by agencies that are a part
8-16 of the criminal justice system;
8-17 (9) [(8)] make population computations for use in
8-18 planning for the long-range needs of the criminal justice system;
8-19 (10) [(9)] determine long-range information needs of
8-20 the criminal justice system and acquire that information; and
8-21 (11) [(10)] engage in other activities consistent with
8-22 the responsibilities of the policy council.
8-23 SECTION 17. (a) On the effective date of this Act:
8-24 (1) all unobligated funds of the Council on Sex
8-25 Offender Treatment are transferred to the Texas Department of
8-26 Health;
8-27 (2) the property and records of the council are
8-28 transferred to the Texas Department of Health; and
8-29 (3) an employee of the council becomes an employee of
8-30 the Texas Department of Health.
8-31 (b) As soon as possible on or after the effective date of
8-32 this Act, the governor shall appoint three new members to the
8-33 Council on Sex Offender Treatment to satisfy the new membership
8-34 required by Section 3, Chapter 462, Acts of the 68th Legislature,
8-35 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
8-36 Statutes), as amended by this Act. In making the appointments, the
8-37 governor shall designate one member for a term expiring February 1,
8-38 1999, one member for a term expiring February 1, 2001, and one
8-39 member for a term expiring February 1, 2003. The terms of the two
8-40 designated public members, which may include members serving on the
8-41 council immediately before September 1, 1997, may not expire in the
8-42 same year. The term of a member appointed by the governor to fill
8-43 a vacancy created by the expiration of the term of a current member
8-44 or the expiration of the term of a new member appointed under this
8-45 subsection is six years.
8-46 (c) The changes in law made by this Act in the
8-47 qualifications of, and the prohibitions applying to, the members of
8-48 the Council on Sex Offender Treatment and the designation of a
8-49 presiding officer of that council do not affect the entitlement of
8-50 a member or a chairman serving on the council immediately before
8-51 September 1, 1997, to continue to act in that capacity for the
8-52 remainder of the member's or chairman's term. The changes in law
8-53 apply only to a member appointed or a presiding officer designated
8-54 on or after September 1, 1997. This Act does not prohibit a person
8-55 who is a member of the council on September 1, 1997, and who has
8-56 the qualifications required for a member under Chapter 462, Acts of
8-57 the 68th Legislature, Regular Session, 1983 (Article 4413(51),
8-58 Vernon's Texas Civil Statutes), as amended by this Act, from:
8-59 (1) being reappointed to the council; or
8-60 (2) being designated as the presiding officer of the
8-61 council.
8-62 (d) As soon as possible on or after September 1, 1997, the
8-63 commissioner of public health shall employ an executive director
8-64 for the Council on Sex Offender Treatment as required by Section 7,
8-65 Chapter 462, Acts of the 68th Legislature, Regular Session, 1983
8-66 (Article 4413(51), Vernon's Texas Civil Statutes), as amended by
8-67 this Act. The change in law made by this Act to Section 7 does not
8-68 prohibit the commissioner of public health from employing as
8-69 executive director the person who holds that position immediately
9-1 before September 1, 1997.
9-2 SECTION 18. This Act takes effect September 1, 1997.
9-3 SECTION 19. The importance of this legislation and the
9-4 crowded condition of the calendars in both houses create an
9-5 emergency and an imperative public necessity that the
9-6 constitutional rule requiring bills to be read on three several
9-7 days in each house be suspended, and this rule is hereby suspended.
9-8 * * * * *