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.