By Brown                                         S.B. No. 363

      75R1792 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the continuation and functions of the Texas Youth

 1-3     Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 61.012(a), Human Resources Code, is

 1-6     amended to read as follows:

 1-7           (a)  The governing board of the Texas Youth Commission

 1-8     consists of six members appointed by the governor with the consent

 1-9     of the senate.  Appointments to the board shall be made without

1-10     regard to the race, color, disability [handicap], sex, religion,

1-11     age, or national origin of the appointees.

1-12           SECTION 2.  Section 61.0121, Human Resources Code, is amended

1-13     to read as follows:

1-14           Sec. 61.0121.  QUALIFICATIONS FOR BOARD MEMBERS AND

1-15     EMPLOYEES.  (a)  A person is not eligible for appointment to the

1-16     board if the person or the person's spouse:

1-17                 (1)  is employed by or participates in the management

1-18     of a business entity or other organization receiving funds from the

1-19     commission;

1-20                 (2)  owns or controls, directly or indirectly, more

1-21     than a 10 percent interest in a business entity or other

1-22     organization receiving funds from the commission; or

1-23                 (3)  uses or receives a substantial amount of tangible

1-24     goods, services, or funds from the commission, other than

 2-1     compensation or reimbursement authorized by law for board

 2-2     membership, attendance, or expenses.

 2-3           (b)  An officer, employee, or paid consultant of a Texas

 2-4     trade association in the field of criminal or juvenile justice may

 2-5     not be a member of the board or an employee of the commission who

 2-6     is exempt from the state's position classification plan or is

 2-7     compensated at or above the amount prescribed by the General

 2-8     Appropriations Act for step 1, salary group 17, of the position

 2-9     classification salary schedule.

2-10           (c)  A person who is the spouse of an officer, manager, or

2-11     paid consultant of a Texas trade association in the field of

2-12     criminal justice or juvenile justice may not be a member of the

2-13     board and may not be an employee of the commission who is exempt

2-14     from the state's position classification plan or is compensated at

2-15     or above the amount prescribed by the General Appropriations Act

2-16     for step 1, salary group 17, of the position classification salary

2-17     schedule.

2-18           (d)  [A person who is or is the spouse of an officer,

2-19     employee, or paid consultant of a trade association in the field of

2-20     criminal or juvenile justice may not be a member of the board.]

2-21     For the purposes [purpose] of this section, [subsection] a Texas

2-22     trade association is a nonprofit, cooperative, and  voluntarily

2-23     joined association of business or professional competitors in this

2-24     state designed to assist its members and its industry or

2-25     profession in dealing with mutual business or professional problems

2-26     and in promoting their common interest [interests].

2-27           (e) [(c)]  A person may not serve as a member of the board or

 3-1     act as the general counsel to the board or the commission if the

 3-2     person [who] is required to register as a lobbyist under Chapter

 3-3     305, Government Code, because [by virtue] of the person's

 3-4     activities for  compensation [in or] on behalf of a profession

 3-5     related to the operation of the commission[, may not serve as a

 3-6     member of the board].

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

 3-8     is amended by adding Section 61.0122 to read as follows:

 3-9           Sec. 61.0122.  BOARD MEMBER TRAINING.  (a)  Before a member

3-10     of the board may assume the member's duties and before the member

3-11     may be confirmed by the senate, the member must complete at least

3-12     one course of the training program established under this section.

3-13           (b)  A training program established under this section shall

3-14     provide information to the member regarding:

3-15                 (1)  the enabling legislation that created the

3-16     commission and the board;

3-17                 (2)  the programs operated by the commission;

3-18                 (3)  the role and functions of the commission;

3-19                 (4)  the rules of the commission with an emphasis on

3-20     the rules that relate to disciplinary and investigatory authority;

3-21                 (5)  the current budget for the commission;

3-22                 (6)  the results of the most recent formal audit of the

3-23     commission;

3-24                 (7)  the requirements of the:

3-25                       (A)  open meetings law, Chapter 551, Government

3-26     Code;

3-27                       (B)  open records law, Chapter 552, Government

 4-1     Code; and

 4-2                       (C)  administrative procedure law, Chapter 2001,

 4-3     Government Code;

 4-4                 (8)  the requirements of the conflict of interest laws

 4-5     and other laws relating to public officials; and

 4-6                 (9)  any applicable ethics policies adopted by the

 4-7     commission or the Texas Ethics Commission.

 4-8           SECTION 4.  Section 61.013(a), Human Resources Code, is

 4-9     amended to read as follows:

4-10           (a)  The governor shall designate a member of the board as

4-11     the  chairman of the board to serve in that capacity at the

4-12     pleasure of the governor. [The board shall elect one member

4-13     presiding officer, who shall preside over meetings of the

4-14     commission.]

4-15           SECTION 5.  Section 61.0151(c), Human Resources Code, is

4-16     amended to read as follows:

4-17           (c)  If the executive director has knowledge that a potential

4-18     ground for removal exists, the executive director shall notify the

4-19     chairman of the board of the potential ground.   The chairman of

4-20     the board shall then notify the governor and the attorney general

4-21     that a potential ground for  removal exists.  If the potential

4-22     ground for removal involves the chairman, the executive director

4-23     shall notify the next highest ranking officer of the board, who

4-24     shall notify the governor and the attorney general that a potential

4-25     ground for removal exists.

4-26           SECTION 6.  Section 61.020, Human Resources Code, is amended

4-27     to read as follows:

 5-1           Sec. 61.020.  SUNSET PROVISION.  The Texas Youth Commission

 5-2     is subject to Chapter 325, Government Code (Texas Sunset Act).

 5-3     Unless continued in existence as provided by that chapter, the

 5-4     commission is abolished and this chapter expires September 1, 2009

 5-5     [1997].

 5-6           SECTION 7.  Subchapter B, Chapter 61, Human Resources Code,

 5-7     is amended by adding Section 61.022 to read as follows:

 5-8           Sec. 61.022.  ACCESSIBILITY TO PROGRAMS AND FACILITIES.  The

 5-9     commission shall comply with federal and state laws related to

5-10     program and facility accessibility.  The executive director shall

5-11     also prepare and maintain a written plan that describes how a

5-12     person who does not speak English can be provided reasonable access

5-13     to the commission's programs and services.

5-14           SECTION 8.  Section 61.033, Human Resources Code, is amended

5-15     to read as follows:

5-16           Sec. 61.033.  ANNUAL FINANCIAL REPORT [REPORT TO GOVERNOR,

5-17     LEGISLATURE].   The commission shall prepare [file] annually [with

5-18     the governor and  the presiding officer of each house of the

5-19     legislature] a complete and detailed written report accounting for

5-20     all funds received and disbursed by the commission during the

5-21     preceding fiscal year.  The annual report must meet the reporting

5-22     requirements applicable to financial reporting [form of the annual

5-23     report and  the reporting time are as] provided in the General

5-24     Appropriations Act.

5-25           SECTION 9.  Section 61.0351, Human Resources Code, is amended

5-26     to read as follows:

5-27           Sec. 61.0351.  PROFESSIONAL INFORMATION FOR MEMBERS AND

 6-1     EMPLOYEES.   The executive director or the executive director's

 6-2     designee [commission] shall provide to [inform its] members of the

 6-3     board and to commission employees, as often as is necessary,

 6-4     information regarding their qualification [of:]

 6-5                 [(1)  the qualifications] for office or employment

 6-6     under [prescribed by] this chapter[;]  and

 6-7                 [(2)]  their responsibilities under applicable laws

 6-8     relating to standards of conduct for state officers or employees.

 6-9           SECTION 10.  Section 61.0352, Human Resources Code, is

6-10     amended to read as follows:

6-11           Sec. 61.0352.  DIVISION OF RESPONSIBILITY.   The board shall

6-12     develop and implement [adopt] policies that clearly separate the

6-13     policymaking [define the respective] responsibilities of the board

6-14     and the management responsibilities of the executive director and

6-15     the staff of the commission.

6-16           SECTION 11.  Section 61.0353, Human Resources Code, is

6-17     amended to read as follows:

6-18           Sec. 61.0353.  INTRA-AGENCY CAREER LADDER PROGRAM.   The

6-19     executive director or the executive director's designee

6-20     [commission] shall develop an intra-agency [intraagency] career

6-21     ladder program that addresses opportunities for mobility and

6-22     advancement for employees within the commission.  The program[, one

6-23     part of which] shall require intra-agency [the intraagency] posting

6-24     of all positions[,] concurrently  with any public posting[, of all

6-25     nonentry level positions].

6-26           SECTION 12.  Section 61.0354, Human Resources Code, is

6-27     amended to read as follows:

 7-1           Sec. 61.0354.  JOB PERFORMANCE EVALUATIONS.  The executive

 7-2     director or the executive director's designee [commission] shall

 7-3     develop a system  of annual performance evaluations that are based

 7-4     on documented employee performance [under which the job performance

 7-5     of commission employees  is evaluated annually].  All merit pay for

 7-6     commission employees must be based on the system established under

 7-7     this section.

 7-8           SECTION 13.  Section 61.0355, Human Resources Code, is

 7-9     amended to read as follows:

7-10           Sec. 61.0355.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

7-11     (a) The executive director or the executive director's designee

7-12     [commission] shall prepare and  maintain a written policy statement

7-13     to assure implementation of a program of equal employment

7-14     opportunity under [by] which all personnel transactions are made

7-15     without regard to race, color, disability [handicap], sex,

7-16     religion, age, or national origin.

7-17           [(b)]  The policy statement shall include:

7-18                 (1)  personnel policies, including policies relating to

7-19     recruitment, evaluation, selection, appointment, training, and

7-20     promotion of personnel that are in compliance with requirements of

7-21     Chapter 21, Labor Code;

7-22                 (2)  a comprehensive analysis of the commission's work

7-23     force that meets federal or state guidelines;

7-24                 (3)  procedures by which a determination can be made

7-25     about the extent of underuse [of significant underutilization] in

7-26     the commission's  work force of all persons of whom federal or

7-27     state guidelines encourage a more equitable balance; and

 8-1                 (4)  reasonable methods to appropriately address those

 8-2     areas of underuse [significant underutilization in the commission's

 8-3     work force of all  persons of whom federal or state guidelines

 8-4     encourage a more equitable balance].

 8-5           (b)  A [(c) The] policy statement prepared under Subsection

 8-6     (a) must [statements shall be filed with the governor's office,]

 8-7     cover an  annual period, [and] be updated [at least] annually, be

 8-8     reviewed by the Commission on Human Rights for compliance with

 8-9     Subsection (a)(1), and be filed with the governor's office.

8-10           (c)  The governor's office shall deliver [develop] a biennial

8-11     report  to the legislature based on the information received under

8-12     Subsection (b) [submitted].  The report may be made separately or

8-13     as a part of other biennial reports made to the legislature.

8-14           SECTION 14.  Section 61.0422, Human Resources Code, is

8-15     amended to read as follows:

8-16           Sec. 61.0422. COMPLAINTS REGARDING SERVICES.  (a) The

8-17     commission shall keep a [an information] file about each written

8-18     complaint filed with the commission by a person, other than a child

8-19     receiving services from the commission or the child's parent or

8-20     guardian, that the commission has authority to resolve [relates to

8-21     services provided by the commission].  The commission shall provide

8-22     to the person filing the complaint and the persons or entities

8-23     complained about the commission's policies and procedures

8-24     pertaining to complaint investigation and resolution.  The [(b) If

8-25     a written complaint relating to the commission is filed with the

8-26     commission, the] commission, at least [as frequently as] quarterly

8-27     and until final disposition of the complaint, shall notify the

 9-1     person filing the complaint and the persons or entities complained

 9-2     about [complainant] of the status of the complaint unless the

 9-3     notice would jeopardize an undercover investigation.

 9-4           (b)  The commission shall keep information about each file

 9-5     required by Subsection (a).  The information must include:

 9-6                 (1)  the date the complaint is received;

 9-7                 (2)  the name of the complainant;

 9-8                 (3)  the subject matter of the complaint;

 9-9                 (4)  a record of all persons contacted in relation to

9-10     the complaint;

9-11                 (5)  a summary of the results of the review or

9-12     investigation of the complaint; and

9-13                 (6)  for complaints for which the commission took no

9-14     action, an explanation of the reason the complaint was closed

9-15     without action.

9-16           (c)  The commission shall keep information about each written

9-17     complaint filed with the commission by a child receiving services

9-18     from the commission or the child's parent or guardian.  The

9-19     information must include:

9-20                 (1)  the subject matter of the complaint;

9-21                 (2)  a summary of the results of the review or

9-22     investigation of the complaint; and

9-23                 (3)  the period of time between the date the complaint

9-24     is received and the date the complaint is closed.

9-25           SECTION 15.  Section 61.0423, Human Resources Code, is

9-26     amended to read as follows:

9-27           Sec. 61.0423.  PUBLIC HEARINGS.   The board shall develop and

 10-1    implement [adopt] policies that [will] provide the public with a

 10-2    reasonable  opportunity to appear before the board [commission] and

 10-3    to speak on any issue under the jurisdiction of the commission.

 10-4          SECTION 16.  Subchapter C, Chapter 61, Human Resources Code,

 10-5    is amended by adding Sections 61.051-61.054 to read as follows:

 10-6          Sec. 61.051.  CLIENT SERVICE CONTRACT STANDARDS.  In each

 10-7    contract for the purchase of residential program-related client

 10-8    services, the commission shall include:

 10-9                (1)  clearly defined contract goals, outputs, and

10-10    measurable outcomes that relate directly to program objectives;

10-11                (2)  clearly defined sanctions or penalties for failure

10-12    to comply with or perform contract terms or conditions; and

10-13                (3)  clearly specified accounting, reporting, and

10-14    auditing requirements applicable to money received under the

10-15    contract.

10-16          Sec. 61.052.  CONTRACT MONITORING.  The commission shall

10-17    establish a formal program to monitor residential program-related

10-18    client services contracts made by the commission.  The commission

10-19    must:

10-20                (1)  monitor compliance with financial and performance

10-21    requirements using a risk assessment methodology; and

10-22                (2)  obtain and evaluate program cost information to

10-23    ensure that each cost, including an administrative cost, is

10-24    reasonable and necessary to achieve program objectives.

10-25          Sec. 61.053.  MEDICAID BENEFITS.   The commission shall apply

10-26    for benefits under the federal Medicaid program if application is

10-27    cost effective in reducing health care costs incurred by the

 11-1    commission.

 11-2          Sec. 61.054.  COUNTY PILOT PROGRAMS IN POOLING OF FUNDS AND

 11-3    RESOURCES.  (a)  The commission shall, jointly with the Texas

 11-4    Juvenile Probation Commission, establish:

 11-5                (1)  county pilot programs to allow the pooling of

 11-6    state and local funds to provide services, including delinquency

 11-7    prevention services, to children within the juvenile justice system

 11-8    in the area served by the program; and

 11-9                (2)  rules and standards to be applied in the

11-10    administration of programs developed under this subsection.

11-11          (b)  The commission may use appropriated state funds to

11-12    contribute to the development, implementation, and administration

11-13    of the pilot programs described by Subsection (a).

11-14          (c)  The commission, jointly with the Texas Juvenile

11-15    Probation Commission, shall develop a system to compute the funds

11-16    to be allocated to participating counties using the following

11-17    criteria:

11-18                (1)  the projected yearly commitment level for each

11-19    participating county, minus the estimated number of commitments to

11-20    the commission from sanction level seven juvenile offenders under

11-21    Section 59.010, Family Code;

11-22                (2)  the average cost per day to house and provide

11-23    services to a child committed to the commission; and

11-24                (3)  the average length of stay for each commitment.

11-25          (d)  The amount of funds used by the commission for the pilot

11-26    programs described by Subsection (a) shall be offset by a reduction

11-27    in the number of children committed to the commission from the

 12-1    participating counties, unless a participating county reimburses

 12-2    the commission, based on the criteria listed under Subsection (c),

 12-3    for the commitment of a child.

 12-4          (e)  The commission shall, jointly with the Texas Juvenile

 12-5    Probation Commission, submit a report that includes an evaluation

 12-6    of the pilot programs described by Subsection (a) and

 12-7    recommendations relating to the statewide establishment of the

 12-8    programs not later than January 1, 2001, to the:

 12-9                (1)  lieutenant governor;

12-10                (2)  speaker of the house of representatives;

12-11                (3)  presiding officers of the House Appropriations

12-12    Committee and the Senate Finance Committee; and

12-13                (4)  presiding officers of the committees in the house

12-14    of representatives and the senate with jurisdiction over juvenile

12-15    justice and juvenile probation matters.

12-16          SECTION 17.  Sections 61.035(c) and (d), Human Resources

12-17    Code, are repealed.

12-18          SECTION 18.  The changes in law made by this Act in the

12-19    qualifications of, and the prohibitions applying to, members of the

12-20    governing board of the Texas Youth Commission do not affect the

12-21    entitlement of a member serving on the board immediately before

12-22    September 1, 1997, to continue to carry out the functions of the

12-23    board for the remainder of the member's term.  The changes in law

12-24    apply only to a member appointed on or after September 1, 1997.

12-25    This Act does not prohibit a person who is a member of the board on

12-26    September 1, 1997, from being reappointed to the board if the

12-27    person has the qualifications required for a member under Chapter

 13-1    61, Human Resources Code, as amended by this Act.

 13-2          SECTION 19.  The Texas Youth Commission shall develop county

 13-3    pilot programs required by Section 61.054, Human Resources Code, as

 13-4    added by this Act, and establish rules and standards to be applied

 13-5    in the administration of the programs not later than January 1,

 13-6    1998.

 13-7          SECTION 20.  This Act takes effect September 1, 1997.

 13-8          SECTION 21.  The importance of this legislation and the

 13-9    crowded condition of the calendars in both houses create an

13-10    emergency and an imperative public necessity that the

13-11    constitutional rule requiring bills to be read on three several

13-12    days in each house be suspended, and this rule is hereby suspended.