By Brown S.B. No. 368
75R1791 PEP-D
A BILL TO BE ENTITLED
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 (d) The training program must provide information to the
4-8 person regarding:
4-9 (1) the enabling legislation that created the council;
4-10 (2) the programs operated by the council;
4-11 (3) the role and functions of the council;
4-12 (4) the rules of the council with an emphasis on the
4-13 rules that relate to disciplinary and investigatory authority;
4-14 (5) the current budget for the council;
4-15 (6) the results of the most recent formal audit of the
4-16 council;
4-17 (7) the requirements of the:
4-18 (A) open meetings law, Chapter 551, Government
4-19 Code;
4-20 (B) open records law, Chapter 552, Government
4-21 Code; and
4-22 (C) administrative procedure law, Chapter 2001,
4-23 Government Code;
4-24 (8) the requirements of the conflict of interest laws
4-25 and other laws relating to public officials; and
4-26 (9) any applicable ethics policies adopted by the
4-27 council or the Texas Ethics Commission.
5-1 (e) A person appointed to the council is entitled to
5-2 reimbursement for travel expenses incurred in attending the
5-3 training program, as provided by the General Appropriations Act and
5-4 as if the person were a member of the council.
5-5 [(b) An interagency advisory committee may advise the
5-6 council on administering its duties under this Act. The
5-7 interagency advisory committee is composed of 11 members. The
5-8 executive head of each of the following agencies or the designated
5-9 representative of the executive head shall serve as a member of the
5-10 interagency advisory committee: the Texas Department of Criminal
5-11 Justice, Texas Juvenile Probation Commission, Texas Department of
5-12 Mental Health and Mental Retardation, Texas Youth Commission, Sam
5-13 Houston State University, Department of Protective and Regulatory
5-14 Services, Texas Council of Community Mental Health and Mental
5-15 Retardation Centers, and Texas Department of Health. The director
5-16 of the Criminal Justice Division of the Governor's Office or the
5-17 designated representative of the director shall serve as a member
5-18 of the interagency advisory committee.]
5-19 [(c) If the director of the Criminal Justice Division of the
5-20 Governor's Office or an executive head of a state agency designates
5-21 a representative as a member of the interagency advisory committee,
5-22 the representative must be at the time of the designation and
5-23 during the time of service on the committee an officer or employee
5-24 of the agency or division.]
5-25 SECTION 4. Chapter 462, Acts of the 68th Legislature,
5-26 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
5-27 Statutes), is amended by adding Section 3A to read as follows:
6-1 Sec. 3A. CONFLICT OF INTEREST. (a) An officer, employee,
6-2 or paid consultant of a Texas trade association in the field of sex
6-3 offender treatment may not be a member of the council or an
6-4 employee of the council who is exempt from the state's position
6-5 classification plan or is compensated at or above the amount
6-6 prescribed by the General Appropriations Act for step 1, salary
6-7 group 17, of the position classification salary schedule. A person
6-8 who is the spouse of an officer, manager, or paid consultant of a
6-9 Texas trade association in the field of sex offender treatment may
6-10 not be a member of the council and may not be an employee of the
6-11 council who is exempt from the state's position classification plan
6-12 or is compensated at or above the amount prescribed by the General
6-13 Appropriations Act for step 1, salary group 17, of the position
6-14 classification salary schedule. For purposes of this subsection, a
6-15 Texas trade association is a nonprofit, cooperative, and
6-16 voluntarily joined association of business or professional
6-17 competitors in this state designed to assist its members and its
6-18 industry or profession in dealing with mutual business or
6-19 professional problems and in promoting their common interest.
6-20 (b) A person may not serve as a member of the council or act
6-21 as the general counsel to the council if the person is required to
6-22 register as a lobbyist under Chapter 305, Government Code, because
6-23 of the person's activities for compensation on behalf of a
6-24 profession related to the operation of the council.
6-25 SECTION 5. Section 4, Chapter 462, Acts of the 68th
6-26 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
6-27 Texas Civil Statutes), is amended to read as follows:
7-1 Sec. 4. TERMS; GROUNDS FOR REMOVAL. (a) Members of the
7-2 council hold office for staggered terms of six years, with two
7-3 members' terms [one member's term] expiring February 1 of each
7-4 odd-numbered year.
7-5 (b) It is a ground for removal from the council if a member:
7-6 (1) does not have at the time of appointment the
7-7 qualifications required by Section 3 of this Act;
7-8 (2) does not maintain during service on the council
7-9 the qualifications required by Section 3 of this Act;
7-10 (3) violates a prohibition established by Section 3A
7-11 of this Act;
7-12 (4) cannot because of illness or disability discharge
7-13 the member's duties for a substantial part of the term for which
7-14 the member is appointed; or
7-15 (5) is absent from more than half of the regularly
7-16 scheduled council meetings that the member is eligible to attend
7-17 during a calendar year unless the absence is excused by majority
7-18 vote of the council.
7-19 (c) The validity of an action of the council is not affected
7-20 by the fact that it is taken when a ground for removal of a council
7-21 member exists.
7-22 (d) If the executive director has knowledge that a potential
7-23 ground for removal exists, the executive director shall notify the
7-24 presiding officer of the council of the potential ground. The
7-25 presiding officer shall then notify the governor and the attorney
7-26 general that a potential ground for removal exists. If the
7-27 potential ground for removal involves the presiding officer, the
8-1 executive director shall notify the next highest ranking officer of
8-2 the council, who shall notify the governor and the attorney general
8-3 that a potential ground for removal exists.
8-4 SECTION 6. Section 5, Chapter 462, Acts of the 68th
8-5 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
8-6 Texas Civil Statutes), is amended to read as follows:
8-7 Sec. 5. OFFICER; MEETINGS; QUORUM. (a) The governor shall
8-8 designate a member of the council as the presiding officer of the
8-9 council to serve in that capacity at the pleasure of the governor
8-10 [At the first meeting of each year the council shall elect a
8-11 chairman from its members].
8-12 (b) The council shall meet at least four times each year,
8-13 and may meet at other times at the call of the presiding officer
8-14 [chairman] or as provided by council rule.
8-15 (c) Four [Two] members of the council constitute a quorum.
8-16 [(d) The interagency advisory committee shall elect a
8-17 chairman from among its members. The committee shall meet at the
8-18 call of its chairman or at the request of the council. Seven
8-19 members of the committee constitute a quorum.]
8-20 SECTION 7. Chapter 462, Acts of the 68th Legislature,
8-21 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
8-22 Statutes), is amended by adding Section 5A to read as follows:
8-23 Sec. 5A. ADVISORY COMMITTEE. (a) An interagency advisory
8-24 committee is established to advise the council on administering its
8-25 duties under this Act.
8-26 (b) The executive head of each of the following agencies or
8-27 the designated representative of the executive head shall serve as
9-1 a member of the interagency advisory committee:
9-2 (1) Texas Department of Criminal Justice;
9-3 (2) Texas Juvenile Probation Commission;
9-4 (3) Texas Department of Mental Health and Mental
9-5 Retardation;
9-6 (4) Texas Youth Commission;
9-7 (5) Sam Houston State University;
9-8 (6) Department of Protective and Regulatory Services;
9-9 and
9-10 (7) Texas Council of Community Mental Health and
9-11 Mental Retardation Centers.
9-12 (c) The director of each of the following divisions of a
9-13 state agency or the designated representative of the director shall
9-14 serve as a member of the interagency advisory committee:
9-15 (1) the criminal justice division of the governor's
9-16 office; and
9-17 (2) the sexual assault prevention and crisis services
9-18 division of the office of the attorney general.
9-19 (d) The council may appoint additional members to the
9-20 interagency advisory committee as the council determines to be
9-21 necessary. An additional member appointed by the council must be a
9-22 representative of a public or private nonprofit entity that has a
9-23 demonstrated interest in improving the treatment of sex offenders.
9-24 (e) If the executive head of a state agency or the director
9-25 of a division designates a representative as a member of the
9-26 interagency advisory committee under this section, the
9-27 representative must be, at the time of the designation and during
10-1 the time of service on the committee, an officer or employee of the
10-2 agency or division.
10-3 (f) The interagency advisory committee shall elect a
10-4 presiding officer from among its members. The committee shall meet
10-5 at the call of its presiding officer or at the request of the
10-6 council. A majority of the members of the committee constitutes a
10-7 quorum.
10-8 SECTION 8. Section 7, Chapter 462, Acts of the 68th
10-9 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
10-10 Texas Civil Statutes), is amended by amending Subsection (a) and
10-11 adding Subsection (c) to read as follows:
10-12 (a) The commissioner of health shall [council may] employ an
10-13 executive director, chosen with the advice and consent of the
10-14 council, who is the executive head of the council and performs its
10-15 administrative duties. The council shall develop and implement
10-16 policies that clearly separate the policymaking responsibilities of
10-17 the council and the management responsibilities of the executive
10-18 director and the staff of the council.
10-19 (c) The executive director or the executive director's
10-20 designee shall provide to members of the council and to council
10-21 employees, as often as necessary, information regarding their
10-22 qualification for office or employment under this Act and their
10-23 responsibilities under applicable laws relating to standards of
10-24 conduct for state officers or employees.
10-25 SECTION 9. Section 8, Chapter 462, Acts of the 68th
10-26 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
10-27 Texas Civil Statutes), is amended to read as follows:
11-1 Sec. 8. DUTIES. The council shall:
11-2 (1) [determine if a state-administered sex offender
11-3 treatment program is necessary and identify needed services for the
11-4 treatment and rehabilitation of sex offenders and report to the
11-5 governor, lieutenant governor, and speaker of the house of
11-6 representatives about the nature of the services and the funding
11-7 necessary for the services;]
11-8 [(2)] develop treatment strategies for sex offenders
11-9 by evaluating in-state and out-of-state programs for sex offender
11-10 treatment, set standards for treatment of sex offenders that must
11-11 be met by sex offender treatment providers to be eligible for
11-12 inclusion in the council's registry, and recommend to licensing and
11-13 regulatory boards and to the directors of current programs methods
11-14 of improving programs to meet council standards;
11-15 (2) [(3)] collect and disseminate information to
11-16 judicial officers, community supervision [probation] or parole
11-17 workers, appropriate state and municipal agencies, and the general
11-18 public about available sex offender treatment programs;
11-19 (3) [(4)] distribute money appropriated to the council
11-20 by the legislature for that purpose to political subdivisions,
11-21 private organizations, or other persons to be used for the
11-22 development, operation, or evaluation of sex offender treatment
11-23 programs;
11-24 (4) [(5)] advise and assist agencies in coordinating
11-25 procedures to provide treatment services that may include
11-26 community-based programs;
11-27 (5) [(6)] establish and maintain a registry of sex
12-1 offender treatment providers in accordance with Section 13 of this
12-2 Act;
12-3 (6) [(7)] design and conduct continuing education
12-4 programs for sex offender treatment providers; and
12-5 (7) [(8)] develop and implement by rule registration
12-6 requirements and procedures for treatment providers in the
12-7 registry.
12-8 SECTION 10. Chapter 462, Acts of the 68th Legislature,
12-9 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
12-10 Statutes), is amended by adding Section 8A to read as follows:
12-11 Sec. 8A. PUBLIC ACCESSIBILITY. (a) The council shall
12-12 prepare information of public interest describing the functions of
12-13 the council and the procedures by which complaints are filed with
12-14 and resolved by the council. The council shall make the
12-15 information available to the public and appropriate state agencies.
12-16 (b) The council shall comply with federal and state laws
12-17 related to program and facility accessibility. The executive
12-18 director shall also prepare and maintain a written plan that
12-19 describes how a person who does not speak English can be provided
12-20 reasonable access to the council's programs and services.
12-21 (c) The council shall develop and implement policies that
12-22 provide the public with a reasonable opportunity to appear before
12-23 the council and to speak on any issue under the jurisdiction of the
12-24 council.
12-25 SECTION 11. Chapter 462, Acts of the 68th Legislature,
12-26 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
12-27 Statutes), is amended by adding Section 8B to read as follows:
13-1 Sec. 8B. COMPLAINT RESOLUTION. (a) The council by rule
13-2 shall establish methods by which consumers and service recipients
13-3 are notified of the name, mailing address, and telephone number of
13-4 the council for the purpose of directing complaints to the council.
13-5 The council may provide for that notification:
13-6 (1) on each registration form, application, or written
13-7 contract for services of an individual or entity regulated under
13-8 this Act;
13-9 (2) on a sign prominently displayed in the place of
13-10 business of each individual or entity regulated under this Act; or
13-11 (3) in a bill for service provided by an individual or
13-12 entity regulated under this Act.
13-13 (b) The council shall keep a file about each written
13-14 complaint filed with the council that the council has authority to
13-15 resolve. The council shall provide to the person filing the
13-16 complaint and the persons or entities complained about the
13-17 council's policies and procedures pertaining to complaint
13-18 investigation and resolution. The council, at least quarterly and
13-19 until final disposition of the complaint, shall notify the person
13-20 filing the complaint and the persons or entities complained about
13-21 of the status of the complaint unless the notice would jeopardize
13-22 an undercover investigation.
13-23 (c) The council shall keep information about each complaint
13-24 filed with the council. The information shall include:
13-25 (1) the date the complaint is received;
13-26 (2) the name of the complainant;
13-27 (3) the subject matter of the complaint;
14-1 (4) a record of all persons contacted in relation to
14-2 the complaint;
14-3 (5) a summary of the results of the review or
14-4 investigation of the complaint; and
14-5 (6) for a complaint for which the council took no
14-6 action, an explanation of the reason the complaint was closed
14-7 without action.
14-8 SECTION 12. Section 13, Chapter 462, Acts of the 68th
14-9 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
14-10 Texas Civil Statutes), is amended by adding Subsection (c) to read
14-11 as follows:
14-12 (c) The council may waive any prerequisite to registration
14-13 for an applicant after reviewing the applicant's credentials and
14-14 determining that the applicant holds a valid registration from
14-15 another state that has registration requirements substantially
14-16 equivalent to those of this state.
14-17 SECTION 13. Section 13A, Chapter 462, Acts of the 68th
14-18 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
14-19 Texas Civil Statutes), is amended to read as follows:
14-20 Sec. 13A. FEES. (a) The council shall [may] charge and
14-21 collect reasonable fees in an amount necessary [set] to recover
14-22 [cover] the cost of administering this Act and shall send all fees
14-23 collected under this section to the department. Fees charged and
14-24 collected by the council under this section may include [council's
14-25 administrative and reproduction costs, including]:
14-26 (1) sex offender treatment provider registration and
14-27 renewal fees;
15-1 (2) training fees;
15-2 (3) publication fees; and
15-3 (4) fees for providing continuing education and other
15-4 services to treatment providers.
15-5 (b) A person whose registration has expired may not engage
15-6 in activities that require registration until the registration has
15-7 been renewed.
15-8 (c) The council by rule may adopt a system under which
15-9 registrations expire on various dates during the year. For the
15-10 year in which the registration expiration date is changed,
15-11 registration fees shall be prorated on a monthly basis so that each
15-12 person pays only that portion of the registration fee that is
15-13 allocable to the number of months during which the registration is
15-14 valid. On renewal of the registration on the new expiration date,
15-15 the total registration renewal fee is payable.
15-16 (d) At least 30 days before the date a person's registration
15-17 expires, the council shall send written notice of the registration
15-18 expiration to the person at the person's last known address
15-19 according to the records of the council.
15-20 (e) A person who is otherwise eligible to renew a
15-21 registration may renew an unexpired registration by paying the
15-22 required registration fee to the council before the expiration date
15-23 of the registration. If the person's registration has been expired
15-24 for 90 days or less, the person may renew the registration by
15-25 paying to the council one and one-half times the required renewal
15-26 fee. If the person's registration has been expired for longer than
15-27 90 days but less than one year, the person may renew the
16-1 registration by paying to the council two times the required
16-2 renewal fee.
16-3 (f) If the person's registration has been expired for one
16-4 year or longer, the person may not renew the registration except as
16-5 otherwise provided by this subsection. The person may obtain a new
16-6 registration by submitting to reexamination and complying with the
16-7 requirements and procedures for obtaining an original registration.
16-8 If the person was registered in this state, moved to another state,
16-9 and has been registered and in practice in the other state for two
16-10 years preceding the date of application for renewal, the person may
16-11 renew a registration that has been expired for one year or longer
16-12 by paying to the council two times the required renewal fee.
16-13 SECTION 14. Section 13C, Chapter 462, Acts of the 68th
16-14 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
16-15 Texas Civil Statutes), is amended to read as follows:
16-16 Sec. 13C. ADMINISTRATIVE HEARING AND JUDICIAL REVIEW
16-17 REGARDING [OF] EXCLUSION FROM REGISTRY. (a) The council shall
16-18 revoke, suspend, or refuse to renew a registration, place on
16-19 probation a person whose registration has been suspended, or
16-20 reprimand a person who is listed in the registry for a violation of
16-21 this Act or a rule of the council. If the suspension of a person's
16-22 registration is probated, the council may require the person to:
16-23 (1) report regularly to the council on matters that
16-24 are the basis of the probation;
16-25 (2) limit the person's practice to the areas
16-26 prescribed by the council; or
16-27 (3) continue or review professional education until
17-1 the person attains a degree of skill satisfactory to the council in
17-2 those areas that are the basis of the probation.
17-3 (b) If the council proposes to revoke, suspend, or refuse to
17-4 renew a person's registration, the person is entitled to a hearing
17-5 conducted by the State Office of Administrative Hearings.
17-6 Proceedings for a disciplinary action are governed by the
17-7 administrative procedure law, Chapter 2001, Government Code. Rules
17-8 of practice adopted by the council under Section 2001.004,
17-9 Government Code, applicable to the proceedings for a disciplinary
17-10 action may not conflict with rules adopted by the State Office of
17-11 Administrative Hearings.
17-12 (c) A person [excluded from the registry] may appeal a final
17-13 [the council's] decision of the council to exclude the person from
17-14 the registry by filing a petition for judicial review in the manner
17-15 provided by Section 2001.176, Government Code [19, Administrative
17-16 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
17-17 Civil Statutes)].
17-18 SECTION 15. Section 14, Chapter 462, Acts of the 68th
17-19 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
17-20 Texas Civil Statutes), is amended to read as follows:
17-21 Sec. 14. DEPOSIT TO STATE TREASURY; ANNUAL REPORT
17-22 [APPLICATION OF SUNSET ACT]. (a) All money collected under this
17-23 Act is subject to Subchapter F, Chapter 404, Government Code.
17-24 (b) The department shall prepare annually a complete and
17-25 detailed written report accounting for all funds received and
17-26 disbursed by the council during the preceding fiscal year. The
17-27 annual report must meet the reporting requirements applicable to
18-1 financial reporting provided in the General Appropriations Act
18-2 [The council is subject to Chapter 325, Government Code (Texas
18-3 Sunset Act). Unless continued in existence as provided by that
18-4 chapter, the council is abolished and this Act expires September 1,
18-5 1997].
18-6 SECTION 16. Section 413.009(a), Government Code, is amended
18-7 to read as follows:
18-8 (a) To accomplish its duties the policy council shall:
18-9 (1) conduct an in-depth analysis of the criminal
18-10 justice system;
18-11 (2) determine the long-range needs of the criminal
18-12 justice system and recommend policy priorities for the system;
18-13 (3) identify critical problems in the criminal justice
18-14 system and recommend strategies to solve those problems;
18-15 (4) assess the cost-effectiveness of the use of state
18-16 and local funds in the criminal justice system;
18-17 (5) recommend means to improve the deterrent and
18-18 rehabilitative capabilities of the criminal justice system;
18-19 (6) advise and assist the legislature in developing
18-20 plans, programs, and proposed legislation for improving the
18-21 effectiveness of the criminal justice system;
18-22 (7) evaluate the rehabilitative capabilities of a
18-23 state-administered sex offender treatment program and, based on
18-24 that evaluation, determine if the program is necessary;
18-25 (8) [(7)] make computations of daily costs and compare
18-26 interagency costs on services provided by agencies that are a part
18-27 of the criminal justice system;
19-1 (9) [(8)] make population computations for use in
19-2 planning for the long-range needs of the criminal justice system;
19-3 (10) [(9)] determine long-range information needs of
19-4 the criminal justice system and acquire that information; and
19-5 (11) [(10)] engage in other activities consistent with
19-6 the responsibilities of the policy council.
19-7 SECTION 17. (a) On the effective date of this Act:
19-8 (1) all unobligated funds of the Council on Sex
19-9 Offender Treatment are transferred to the Texas Department of
19-10 Health;
19-11 (2) the property and records of the council are
19-12 transferred to the Texas Department of Health; and
19-13 (3) an employee of the council becomes an employee of
19-14 the Texas Department of Health.
19-15 (b) As soon as possible on or after the effective date of
19-16 this Act, the governor shall appoint three new members to the
19-17 Council on Sex Offender Treatment to satisfy the new membership
19-18 required by Section 3, Chapter 462, Acts of the 68th Legislature,
19-19 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
19-20 Statutes), as amended by this Act. In making the appointments, the
19-21 governor shall designate one member for a term expiring February 1,
19-22 1999, one member for a term expiring February 1, 2001, and one
19-23 member for a term expiring February 1, 2003. The terms of the two
19-24 designated public members, which may include members serving on the
19-25 council immediately before September 1, 1997, may not expire in the
19-26 same year. The term of a member appointed by the governor to fill
19-27 a vacancy created by the expiration of the term of a current member
20-1 or the expiration of the term of a new member appointed under this
20-2 subsection is six years.
20-3 (c) The changes in law made by this Act in the
20-4 qualifications of, and the prohibitions applying to, the members of
20-5 the Council on Sex Offender Treatment and the designation of a
20-6 presiding officer of that council do not affect the entitlement of
20-7 a member or a chairman serving on the council immediately before
20-8 September 1, 1997, to continue to act in that capacity for the
20-9 remainder of the member's or chairman's term. The changes in law
20-10 apply only to a member appointed or a presiding officer designated
20-11 on or after September 1, 1997. This Act does not prohibit a person
20-12 who is a member of the council on September 1, 1997, and who has
20-13 the qualifications required for a member under Chapter 462, Acts of
20-14 the 68th Legislature, Regular Session, 1983 (Article 4413(51),
20-15 Vernon's Texas Civil Statutes), as amended by this Act, from:
20-16 (1) being reappointed to the council; or
20-17 (2) being designated as the presiding officer of the
20-18 council.
20-19 (d) As soon as possible on or after September 1, 1997, the
20-20 commissioner of public health shall employ an executive director
20-21 for the Council on Sex Offender Treatment as required by Section 7,
20-22 Chapter 462, Acts of the 68th Legislature, Regular Session, 1983
20-23 (Article 4413(51), Vernon's Texas Civil Statutes), as amended by
20-24 this Act. The change in law made by this Act to Section 7 does not
20-25 prohibit the commissioner of public health from employing as
20-26 executive director the person who holds that position immediately
20-27 before September 1, 1997.
21-1 SECTION 18. This Act takes effect September 1, 1997.
21-2 SECTION 19. The importance of this legislation and the
21-3 crowded condition of the calendars in both houses create an
21-4 emergency and an imperative public necessity that the
21-5 constitutional rule requiring bills to be read on three several
21-6 days in each house be suspended, and this rule is hereby suspended.