By: Brown S.B. No. 365
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and the functions of the Texas
1-2 Department of Criminal Justice, the administration of the Private
1-3 Sector Prison Industries Oversight Authority, and the
1-4 administration of the Texas Council on Offenders with Mental
1-5 Impairments.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1
1-8 SECTION 1.01. Section 492.003, Government Code, is amended
1-9 to read as follows:
1-10 Sec. 492.003. ELIGIBILITY FOR MEMBERSHIP; REMOVAL.
1-11 (a) Each member of the board must be representative of the general
1-12 public. A person is not eligible for appointment as member if the
1-13 person or the person's spouse:
1-14 (1) is a person, other than a judge participating in
1-15 the management of a community supervision and corrections
1-16 department, who is employed by or participates in the management of
1-17 a business entity or other organization regulated by the department
1-18 or receiving funds from the department;
1-19 (2) owns, or controls directly or indirectly, more
1-20 than a 10 percent interest in a business entity or other
1-21 organization regulated by the department or receiving funds from
1-22 the department; or
1-23 (3) uses or receives a substantial amount of tangible
1-24 goods, services, or funds from the department, other than
2-1 compensation or reimbursement authorized by law for board
2-2 membership, attendance, or expenses.
2-3 (b) In [An employee or paid officer or consultant of a trade
2-4 association in the field of criminal justice may not be a member or
2-5 employee of the board. A person who is the spouse of any employee
2-6 or paid consultant of a trade association in the field of criminal
2-7 justice may not be a member of the board and may not be an
2-8 employee, including an employee exempt from the state's
2-9 classification plan, who is compensated at or above the amount
2-10 prescribed by the General Appropriations Act for step 1, salary
2-11 group 17, of the position classification salary schedule. For the
2-12 purposes of] this section, "Texas trade association" means a [trade
2-13 association is a nonprofit,] cooperative[,] and voluntarily joined
2-14 association of business or professional competitors in this state
2-15 designed to assist its members and its industry or profession in
2-16 dealing with mutual business or professional problems and in
2-17 promoting their common interests.
2-18 (c) A person may not be a member of the board and may not be
2-19 a department employee employed in a "bona fide executive,
2-20 administrative, or professional capacity," as that phrase is used
2-21 for purposes of establishing an exemption to the overtime
2-22 provisions of the federal Fair Labor Standards Act of 1938 (29
2-23 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-24 (1) the person is an officer, employee, or paid
2-25 consultant of a Texas trade association in the field of criminal
2-26 justice; or
3-1 (2) the person's spouse is an officer, manager, or
3-2 paid consultant of a Texas trade association in the field of
3-3 criminal justice.
3-4 (d) A person who is required to register as a lobbyist under
3-5 Chapter 305 because [by virtue] of the person's activities for
3-6 compensation in or on behalf of a profession related to the
3-7 operation of the board[,] may not serve as a member of the board or
3-8 act as the general counsel to the board or the department.
3-9 (e) [(d)] Appointments to the board shall be made without
3-10 regard to the race, color, disability [handicap], sex, religion,
3-11 age, or national origin of the appointees.
3-12 (f) [(e)] It is a ground for removal from the board if a
3-13 member:
3-14 (1) does not have at the time of taking office
3-15 [appointment] the qualifications required by Subsection (a) for
3-16 appointment to the board;
3-17 (2) does not maintain during the member's service on
3-18 the board the qualifications required by Subsection (a) for
3-19 appointment to the board;
3-20 (3) is ineligible for membership under Subsection (c)
3-21 or (d) [violates a prohibition established by Subsection (b) or
3-22 (c)];
3-23 (4) is unable to discharge the member's duties for a
3-24 substantial part of the term for which the member was appointed
3-25 because of illness or disability; or
3-26 (5) is absent from more than half of the regularly
4-1 scheduled board meetings that the member is eligible to attend
4-2 during each calendar year or is absent from more than two
4-3 consecutive regularly scheduled board meetings that the member is
4-4 eligible to attend, except when the absence is excused by majority
4-5 vote of the board.
4-6 (g) [(f)] The validity of an action of the board is not
4-7 affected by the fact that it was taken when a ground for removal of
4-8 a member of the board existed.
4-9 (h) [(g)] If the executive director has knowledge that a
4-10 potential ground for removal exists, the director shall notify the
4-11 chairman of the board of the ground. The chairman shall then
4-12 notify the governor and the attorney general that a potential
4-13 ground for removal exists. If the potential ground for removal
4-14 involves the chairman, the executive director shall notify the next
4-15 highest ranking officer of the board, who shall then notify the
4-16 governor and the attorney general that a potential ground for
4-17 removal exists.
4-18 SECTION 1.02. Chapter 492, Government Code, is amended by
4-19 adding Section 492.0031 to read as follows:
4-20 Sec. 492.0031. TRAINING PROGRAM FOR MEMBERS. (a) A person
4-21 who is appointed to and qualifies for office as a member of the
4-22 board may not vote, deliberate, or be counted as a member in
4-23 attendance at a meeting of the board until the person completes a
4-24 training program that complies with this section.
4-25 (b) The training program must provide the person with
4-26 information regarding:
5-1 (1) the legislation that created the department and
5-2 the board;
5-3 (2) the programs operated by the department;
5-4 (3) the role and functions of the department;
5-5 (4) the rules of the department, with an emphasis on
5-6 the rules that relate to disciplinary and investigatory authority;
5-7 (5) the current budget for the department;
5-8 (6) the results of the most recent formal audit of the
5-9 department;
5-10 (7) the requirements of:
5-11 (A) the open meetings law, Chapter 551;
5-12 (B) the public information law, Chapter 552;
5-13 (C) the administrative procedure law, Chapter
5-14 2001; and
5-15 (D) other laws relating to public officials,
5-16 including conflict of interest laws; and
5-17 (8) any applicable ethics policies adopted by the
5-18 department or the Texas Ethics Commission.
5-19 (c) A person appointed to the board is entitled to
5-20 reimbursement, as provided by the General Appropriations Act, for
5-21 the travel expenses incurred in attending the training program
5-22 regardless of whether the attendance at the program occurs before
5-23 or after the person qualifies for office.
5-24 SECTION 1.03. Section 492.004, Government Code, is amended
5-25 to read as follows:
5-26 Sec. 492.004. NOTICE OF QUALIFICATIONS, RESPONSIBILITIES.
6-1 The executive director or the executive director's designee shall
6-2 provide to members of the board and to agency employees, [board
6-3 shall inform its members] as often as necessary, information
6-4 regarding requirements for office or employment under this
6-5 subtitle, including information regarding a person's [of:]
6-6 [(1) the qualifications for office prescribed by this
6-7 chapter; and]
6-8 [(2) their] responsibilities under applicable law
6-9 relating to standards of conduct for state officers or employees.
6-10 SECTION 1.04. Section 492.006, Government Code, is amended
6-11 to read as follows:
6-12 Sec. 492.006. BOARD MEETINGS. (a) The board shall meet at
6-13 least once in each quarter of the calendar year at a site
6-14 determined by the chairman. [The chairman shall provide the
6-15 chairman of the Legislative Criminal Justice Board with notice of
6-16 the board's regularly scheduled meetings and facilitate the
6-17 attendance of the Legislative Criminal Justice Board at the
6-18 regularly scheduled meetings.]
6-19 (b) The board may meet at other times at the call of the
6-20 chairman or as provided by the rules of the board.
6-21 (c) At each regularly scheduled meeting of the board, the
6-22 board shall allow:
6-23 (1) the presiding officer of the Board of Pardons and
6-24 Paroles or a designee of the presiding officer to present to the
6-25 board any item relating to the operation of the parole system
6-26 determined by the presiding officer to require the board's
7-1 consideration; and
7-2 (2) the chairman of the judicial advisory council to
7-3 the community justice assistance division and to the board to
7-4 present to the board any item relating to the operation of the
7-5 community justice system determined by the chairman to require the
7-6 board's consideration.
7-7 SECTION 1.05. Section 492.012, Government Code, is amended
7-8 to read as follows:
7-9 Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal
7-10 Justice and the Texas Department of Criminal Justice are subject to
7-11 Chapter 325 (Texas Sunset Act). Unless continued in existence as
7-12 provided by that chapter, the board and the department are
7-13 abolished September 1, 2011 [1999].
7-14 SECTION 1.06. Section 492.013, Government Code, is amended
7-15 to read as follows:
7-16 Sec. 492.013. GENERAL POWERS AND DUTIES OF BOARD. (a) The
7-17 board may adopt rules as necessary for its own procedures and for
7-18 operation of the department.
7-19 (b) The board shall employ an executive director. The board
7-20 shall supervise the executive director's administration of the
7-21 department.
7-22 (c) The board shall approve the operating budget of the
7-23 department and the department's request for appropriations.
7-24 (d) The board shall appoint the members of any advisory
7-25 committees to the department.
7-26 (e) [The board shall provide to the employees of the
8-1 department, as often as is necessary, information regarding their
8-2 qualifications for employment and their responsibilities under
8-3 applicable laws relating to standards of conduct for state
8-4 employees.]
8-5 [(f)] The board shall develop and implement policies that
8-6 clearly separate the policymaking [define the respective]
8-7 responsibilities of the board and the management responsibilities
8-8 of the executive director and the staff of the department.
8-9 (f) [(g)] The board may apply for and accept gifts or grants
8-10 from any public or private source for use in maintaining and
8-11 improving correctional programs and services.
8-12 SECTION 1.07. Chapter 492, Government Code, is amended by
8-13 adding Section 492.0131 to read as follows:
8-14 Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The
8-15 board and the Board of Pardons and Paroles Policy Board shall
8-16 jointly review all rules, policies, and procedures of the
8-17 department and the Board of Pardons and Paroles that relate to or
8-18 affect the operation of the parole process. The board and the
8-19 policy board shall identify areas of inconsistency between the
8-20 department and the Board of Pardons and Paroles and shall amend
8-21 rules or change policies and procedures as necessary for consistent
8-22 operation of the parole process.
8-23 SECTION 1.08. Section 493.001, Government Code, is amended
8-24 to read as follows:
8-25 Sec. 493.001. DEPARTMENT MISSION. The mission of the
8-26 department is to provide public safety, promote positive change in
9-1 offender behavior, [and] reintegrate offenders into society, and
9-2 assist victims of crime.
9-3 SECTION 1.09. Chapter 493, Government Code, is amended by
9-4 adding Section 493.0021 to read as follows:
9-5 Sec. 493.0021. ORGANIZATIONAL FLEXIBILITY.
9-6 (a) Notwithstanding Sections 493.002, 493.003, 493.004, 493.005,
9-7 493.0051, 493.0052, as added by Chapter 1360, Acts of the 75th
9-8 Legislature, Regular Session, 1997, and 493.0052, as added by
9-9 Chapter 490, Acts of the 75th Legislature, Regular Session, 1997,
9-10 the executive director, with the approval of the board, may:
9-11 (1) create divisions in addition to those listed in
9-12 Section 493.002 and assign to the newly created divisions any
9-13 duties and powers imposed on or granted to an existing division or
9-14 to the department generally;
9-15 (2) eliminate any division listed in Section 493.002
9-16 or created under this section and assign any duties or powers
9-17 previously assigned to the eliminated division to another division
9-18 listed in Section 493.002 or created under this section; or
9-19 (3) eliminate all divisions listed in Section 493.002
9-20 or created under this section and reorganize the distribution of
9-21 powers and duties granted to or imposed on a division in any manner
9-22 the executive director determines is best for the proper
9-23 administration of the department.
9-24 (b) The executive director may not take an action under this
9-25 section with potential impact on the administration of community
9-26 corrections programs by community supervision and corrections
10-1 departments without requesting and considering comments from the
10-2 judicial advisory council to the community justice assistance
10-3 division of the Texas Department of Criminal Justice and the Texas
10-4 Board of Criminal Justice as to the effect of the proposed action.
10-5 SECTION 1.10. Section 493.007, Government Code, is amended
10-6 to read as follows:
10-7 Sec. 493.007. PERSONNEL. (a) [Each division director shall
10-8 hire the employees for the director's division.]
10-9 [(b)] The executive director shall develop an intraagency
10-10 career ladder program. The program shall require intraagency
10-11 postings of all nonentry level positions concurrently with any
10-12 public postings.
10-13 (b) [(c)] The executive director shall develop a system of
10-14 annual performance evaluations. All merit pay for department
10-15 employees must be based on the system established under this
10-16 subsection.
10-17 (c) [(d)] The executive director or the executive director's
10-18 designee shall prepare and maintain a written policy statement that
10-19 implements [to assure implementation of] a program of equal
10-20 employment opportunity to ensure that [under which] all personnel
10-21 decisions [transactions] are made without regard to race, color,
10-22 disability [handicap], sex, religion, age, or national origin. The
10-23 policy statement must include:
10-24 (1) personnel policies, including policies related to
10-25 recruitment, evaluation, selection, [appointment,] training, and
10-26 promotion of personnel that show the intent of the department to
11-1 avoid the unlawful employment practices described by Chapter 21,
11-2 Labor Code; and
11-3 (2) an [a comprehensive] analysis of the extent to
11-4 which the composition of the department's personnel is in
11-5 accordance with state and federal law and [department work force
11-6 that meets federal and state guidelines;]
11-7 [(3) procedures by which a determination can be made
11-8 of significant underutilization in the department work force of all
11-9 persons for whom federal or state guidelines encourage a more
11-10 equitable balance; and]
11-11 [(4)] reasonable methods to achieve compliance with
11-12 state and federal law [appropriately address those areas of
11-13 significant underutilization].
11-14 (d) [(e)] A policy statement [prepared under Subsection (d)]
11-15 must:
11-16 (1) [cover an annual period,] be updated at least
11-17 annually;
11-18 (2) be reviewed by the state Commission on Human
11-19 Rights for compliance with Subsection (c)(1);[,] and
11-20 (3) be filed with the governor's office.
11-21 [(f) The governor's office shall deliver a biennial report
11-22 to the legislature based on the information received under
11-23 Subsection (e). The report may be made separately or as a part of
11-24 other biennial reports made to the legislature.]
11-25 SECTION 1.11. Section 493.016, Government Code, is amended
11-26 to read as follows:
12-1 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
12-2 (a) The department shall prepare information of public interest
12-3 describing the functions of the department and the procedures by
12-4 which complaints are filed with and resolved by the department.
12-5 The department shall make the information available to the general
12-6 public and appropriate state agencies.
12-7 (b) The department shall establish methods by which
12-8 interested persons are notified of the name, mailing address, and
12-9 telephone number of the department for the purpose of directing
12-10 complaints to the department.
12-11 (c) The department shall keep an information file on [about]
12-12 each written complaint filed with the department by a member of the
12-13 general public that relates to the operations of the department.
12-14 The file must include:
12-15 (1) the name of the person who filed the complaint;
12-16 (2) the date the complaint is received by the
12-17 department;
12-18 (3) the subject matter of the complaint;
12-19 (4) the name of each person contacted in relation to
12-20 the complaint;
12-21 (5) a summary of the results of the review or
12-22 investigation of the complaint; and
12-23 (6) an explanation of the reason the file was closed,
12-24 if the agency closed the file without taking action other than to
12-25 investigate the complaint.
12-26 (d) The department shall provide a written copy of the
13-1 department's policies and procedures relating to complaint
13-2 investigation and resolution to:
13-3 (1) all department employees; and
13-4 (2) each person filing a complaint.
13-5 (e) The [If a written complaint is filed with the department
13-6 by a member of the general public that relates to the operations of
13-7 the department, the] department, at least [as frequently as]
13-8 quarterly [and] until final disposition of the complaint, shall
13-9 notify the person filing the complaint [complainant] of the status
13-10 of the investigation [complaint] unless the notice would jeopardize
13-11 an undercover investigation.
13-12 SECTION 1.12. Subdivision (2), Subsection (b), Section
13-13 497.001, Government Code, is amended to read as follows:
13-14 (2) "Articles and products" includes [include]
13-15 services provided through the use of work program participant
13-16 [inmate] labor.
13-17 SECTION 1.13. Subsection (b), Section 497.001, Government
13-18 Code, is amended by adding Subdivision (3) to read as follows:
13-19 (3) "Work program participant" means a person who:
13-20 (A) is an inmate confined in a facility operated
13-21 by or under contract with the department or a defendant or releasee
13-22 housed in a facility operated by or under contract with the
13-23 department; and
13-24 (B) works at a job assigned by the office.
13-25 SECTION 1.14. Subsection (a), Section 497.002, Government
13-26 Code, is amended to read as follows:
14-1 (a) The purposes of the office are to implement this
14-2 subchapter and Subchapter B to:
14-3 (1) provide work program participants with marketable
14-4 job skills to help reduce recidivism through a coordinated program
14-5 of job skills training, documentation of work history, and access
14-6 to resources provided by Project RIO and the Texas Workforce
14-7 Commission; and [adequate, regular, and suitable employment for the
14-8 vocational training and rehabilitation of inmates, consistent with
14-9 proper correctional purposes;]
14-10 (2) reduce department costs by providing products and
14-11 articles for the department and providing [use the labor of inmates
14-12 for self-maintenance;]
14-13 [(3) reimburse the state for expenses caused by the
14-14 crimes of inmates and the cost of their imprisonment;]
14-15 [(4) provide for the requisition and disbursement of
14-16 department articles and products through established state
14-17 authorities to eliminate the possibility of unlawful private profit
14-18 from the distribution of those articles and products;]
14-19 [(5) provide materials,] products[,] or articles for
14-20 sale on a for-profit basis to the public[, to private enterprises,]
14-21 or to agencies of the state or political subdivisions of the
14-22 state[; and]
14-23 [(6) develop and expand public and private prison
14-24 industry operations].
14-25 SECTION 1.15. Subsection (c), Section 497.003, Government
14-26 Code, is amended to read as follows:
15-1 (c) The prison industries advisory committee shall advise
15-2 the board on all aspects of prison industry operations[,] and shall
15-3 make recommendations to the board on the effective use of prison
15-4 industries programs to assist work program participants [inmates]
15-5 in the development of job skills necessary for successful
15-6 reintegration into the community after release from imprisonment.
15-7 SECTION 1.16. Section 497.004, Government Code, is amended
15-8 to read as follows:
15-9 Sec. 497.004. [INMATE] LABOR, PAY. (a) [The department
15-10 shall use inmate labor in prison industries to the greatest extent
15-11 feasible and shall develop and expand prison industries by pursuing
15-12 arrangements with business for the use of inmate labor.]
15-13 [(b)] The board may develop by rule and the department may
15-14 administer an incentive pay scale for work program participants
15-15 consistent with rules adopted by the Private Sector Prison
15-16 Industries Oversight Authority under Subchapter C [inmates who
15-17 participate in prison industries]. Prison industries may be
15-18 financed through contributions donated for this purpose by private
15-19 businesses contracting with the department. The department shall
15-20 apportion pay earned by a work program participant [an inmate] in
15-21 the same manner as is required by rules adopted by the Private
15-22 Sector Prison Industries Oversight Authority under Section 497.0581
15-23 [497.051].
15-24 (b) [(c)] In assigning work program participants [inmates]
15-25 to available job training positions in [prison] factories, the
15-26 department shall consider each participant's classification and
16-1 availability for work. The department shall give priority to work
16-2 program participants closest to release from imprisonment or
16-3 supervision in making assignment to those job training positions
16-4 that provide the most marketable skills [inmate's needs and
16-5 projected release date].
16-6 SECTION 1.17. Section 497.005, Government Code, is amended
16-7 to read as follows:
16-8 Sec. 497.005. INDUSTRIAL RECEIPTS [REVOLVING ACCOUNT].
16-9 [(a) The legislature may appropriate money to an industrial
16-10 revolving account in the general revenue fund.]
16-11 [(b) The office shall administer the industrial revolving
16-12 account.]
16-13 [(c)] The office may use money appropriated to the office in
16-14 amounts corresponding to receipts from the sale of articles and
16-15 products under this subchapter and Subchapter B [in the industrial
16-16 revolving account] to purchase real property, erect buildings,
16-17 improve facilities, buy equipment and tools, install or replace
16-18 equipment, buy industrial raw materials and supplies, and pay for
16-19 other necessary expenses for the administration of this subchapter
16-20 and Subchapter B.
16-21 [(d) The office shall remit money received from the sale of
16-22 articles and products produced under this subchapter and Subchapter
16-23 B to the comptroller to be deposited in the industrial revolving
16-24 account.]
16-25 [(e) When the governor and the Legislative Budget Board
16-26 determine that the industrial revolving account contains money in
17-1 an amount that exceeds the amount necessary for the administration
17-2 of this subchapter and Subchapter B, the governor and the
17-3 Legislative Budget Board shall certify that fact to the
17-4 comptroller, who shall transfer the excess amount to the
17-5 unobligated portion of the general revenue fund.]
17-6 [(f) Section 403.095, Government Code, does not apply to the
17-7 industrial revolving account.]
17-8 SECTION 1.18. Section 497.006, Government Code, is amended
17-9 to read as follows:
17-10 Sec. 497.006. CONTRACTS WITH PRIVATE BUSINESS. To encourage
17-11 the development and expansion of prison industries, the prison
17-12 industries office may enter into necessary contracts related to the
17-13 prison industries program. With the approval of the board, the
17-14 office may enter into a contract with a private business to conduct
17-15 a program on or off property operated by the department. A
17-16 contract entered into under this section must comply with the
17-17 Private Sector/Prison Industry Enhancement Certification Program
17-18 operated by the Bureau of Justice Assistance and authorized by 18
17-19 U.S.C. Section 1761. In determining under Section 497.062
17-20 [497.051] the number of participants participating [inmates
17-21 employed] in private sector prison industries [conditional work]
17-22 programs, the department shall count the number of work program
17-23 participants [inmates] participating in a [work] program under a
17-24 contract entered into under this section. Not more than 250 work
17-25 program participants [inmates] may participate in [work] programs
17-26 under contracts entered into under this section.
18-1 SECTION 1.19. Section 497.007, Government Code, is amended
18-2 to read as follows:
18-3 Sec. 497.007. GRANTS. The office may accept any grant
18-4 designated for work program participant [inmate] vocational
18-5 rehabilitation. The office shall maintain records relating to the
18-6 receipt and disbursement of grant funds[,] and shall annually
18-7 report to the board on the administration of grant funds.
18-8 SECTION 1.20. Section 497.009, Government Code, is amended
18-9 to read as follows:
18-10 Sec. 497.009. CERTIFICATION FOR FRANCHISE TAX CREDIT. The
18-11 department or the office on behalf of the department shall prepare
18-12 and issue a certification that a corporation requires to establish
18-13 eligibility for the franchise tax credit for wages paid to work
18-14 program participants [inmates] or employees who were work program
18-15 participants [inmates] under Subchapter L, Chapter 171, Tax Code.
18-16 SECTION 1.21. Subsection (a), Section 497.025, Government
18-17 Code, is amended to read as follows:
18-18 (a) An agency of the state that purchases articles and
18-19 products under this subchapter must requisition the purchase
18-20 through the General Services Commission except for purchases of
18-21 articles or products not included in an established contract. The
18-22 purchase of articles or products not included in an established
18-23 contract and that do not exceed the dollar limits established under
18-24 Section 2155.132 may be acquired directly from the office on the
18-25 agency's obtaining an informal or a formal quotation for the item
18-26 and issuing a proper purchase order to the office. The General
19-1 Services Commission and the department shall enter into an
19-2 agreement to expedite the process by which agencies are required to
19-3 requisition purchases of articles or products through the
19-4 commission.
19-5 SECTION 1.22. Subsection (b), Section 497.051, Government
19-6 Code, is amended to read as follows:
19-7 (b) In this subchapter:
19-8 (1) "Authority"[, "authority"] means the Private
19-9 Sector Prison Industries Oversight Authority.
19-10 (2) "Participant" means a participant in a private
19-11 sector prison industries program.
19-12 SECTION 1.23. Subsection (a), Section 497.058, Government
19-13 Code, is amended to read as follows:
19-14 (a) The authority by rule shall require that participants
19-15 [inmate employees] at each private sector prison industries program
19-16 be [are] paid not less than the prevailing wage as computed by the
19-17 authority, except that the authority may permit employers to pay a
19-18 participant [an employee] the minimum wage for the two-month period
19-19 beginning on the date participation [employment] begins.
19-20 SECTION 1.24. Section 497.0581, Government Code, is amended
19-21 to read as follows:
19-22 Sec. 497.0581. PARTICIPANT [INMATE] CONTRIBUTIONS. The
19-23 authority by rule shall require a participant [an inmate] to
19-24 contribute a percentage of the wages received by the participant
19-25 [inmate] under this subchapter to be deposited in the private
19-26 sector prison industries oversight account. In establishing the
20-1 percentage of the wages required to be contributed by participants
20-2 [inmates] under this section, the authority shall ensure that the
20-3 percentage does not place the private sector prison industries
20-4 programs in the department in noncompliance with the federal prison
20-5 enhancement certification program established under 18 U.S.C.
20-6 Section 1761.
20-7 SECTION 1.25. Section 497.060, Government Code, is amended
20-8 to read as follows:
20-9 Sec. 497.060. WORKERS' COMPENSATION. The authority by rule
20-10 shall require private sector prison industries program employers to
20-11 meet or exceed all federal requirements for providing compensation
20-12 to participants [inmates] injured while working.
20-13 SECTION 1.26. Section 497.061, Government Code, is amended
20-14 to read as follows:
20-15 Sec. 497.061. RECIDIVISM STUDIES. The authority, with the
20-16 cooperation of the Criminal Justice Policy Council, shall gather
20-17 data to determine whether participation in a private sector prison
20-18 industries program is a factor that reduces recidivism among
20-19 participants [inmates].
20-20 SECTION 1.27. Section 497.062, Government Code, is amended
20-21 to read as follows:
20-22 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS. The
20-23 authority may certify any number of private sector prison
20-24 industries programs that meet or exceed the requirements of federal
20-25 law and the rules of the authority, but in no event may the
20-26 authority permit more than 1,500 participants [inmates to
21-1 participate] in the program at any one time.
21-2 SECTION 1.28. Subsection (a), Section 497.094, Government
21-3 Code, is amended to read as follows:
21-4 (a) The department shall implement a job training program
21-5 [programs] for each job performed by an inmate [inmates] confined
21-6 in a facility [facilities] operated by or under contract with the
21-7 department or a defendant or releasee housed in a facility operated
21-8 by or under contract with the department and monitor the success of
21-9 those programs. The department shall also establish a permanent
21-10 record for each inmate, defendant, or releasee. The record must
21-11 describe the types of job training provided to the inmate,
21-12 defendant, or releasee by the department. On release from
21-13 imprisonment or supervision, the department shall provide the
21-14 inmate, defendant, or releasee with a copy of the record. The
21-15 department shall collect information relating to the employment
21-16 histories of inmates released from the institutional division on
21-17 parole and mandatory supervision.
21-18 SECTION 1.29. Section 497.095, Government Code, is amended
21-19 to read as follows:
21-20 Sec. 497.095. INMATE'S WORK RECORD. The department
21-21 [institutional division] shall establish a permanent record for
21-22 each inmate confined, and for each defendant or releasee housed, in
21-23 a facility operated by or under contract with the department [in
21-24 the division] who participates in a department work [an on-the-job
21-25 training] program [of the division]. The record must describe the
21-26 type or types of work performed by the inmate, defendant, or
22-1 releasee during the person's [inmate's] confinement or supervision
22-2 and must contain evaluations of the performance of and [inmate's]
22-3 proficiency at tasks assigned and a record of the [inmate's]
22-4 attendance at work by the inmate, defendant, or releasee. On
22-5 release from imprisonment or supervision, the department shall
22-6 provide the [institutional division, an] inmate, defendant, or
22-7 releasee with [is entitled to] a copy of a record made by the
22-8 department [division] under this section.
22-9 SECTION 1.30. Subchapter E, Chapter 497, Government Code, is
22-10 amended by adding Section 497.099 to read as follows:
22-11 Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. The
22-12 department shall require each inmate and each defendant or releasee
22-13 housed in a facility operated by or under contract with the
22-14 department to work in an agricultural, industrial, or other work
22-15 program to the extent that the inmate, defendant, or releasee is
22-16 physically and mentally capable of working. The department may
22-17 waive the work requirement for an inmate, defendant, or releasee as
22-18 necessary to maintain security or to permit the inmate, defendant,
22-19 or releasee to participate in rehabilitative programming.
22-20 SECTION 1.31. (a) Subsection (a), Section 498.003,
22-21 Government Code, is amended to read as follows:
22-22 (a) Good conduct time applies only to eligibility for parole
22-23 or mandatory supervision as provided by Section 508.145 or 508.147
22-24 and does not otherwise affect an inmate's term. Good conduct time
22-25 is a privilege and not a right. Regardless of the classification
22-26 of an inmate, the department may grant good conduct time to the
23-1 inmate only if the department finds that the inmate is actively
23-2 engaged in an agricultural, vocational, or educational endeavor,
23-3 [or] in an industrial program or other work program, or in a
23-4 treatment program, unless the department finds that the inmate is
23-5 not capable of participating in such a program or [an] endeavor.
23-6 (b) Subsection (f), Section 498.003, Government Code, is
23-7 repealed.
23-8 (c) The change in law to Section 498.003, Government Code,
23-9 made by this section applies to an inmate serving a sentence in the
23-10 Texas Department of Criminal Justice on or after the effective date
23-11 of this Act, regardless of whether the inmate committed the offense
23-12 for which the inmate is serving the sentence before, on, or after
23-13 the effective date of this Act.
23-14 SECTION 1.32. Section 509.011, Government Code, is amended
23-15 by adding Subsections (g) and (h) to read as follows:
23-16 (g) If the Texas Department of Criminal Justice determines
23-17 that at the end of a biennium a department maintains in reserve an
23-18 amount greater than two months' basic supervision operating costs
23-19 for the department, the Texas Department of Criminal Justice in the
23-20 succeeding biennium may reduce the amount of per capita and formula
23-21 funding provided under Subsection (a) so that in the succeeding
23-22 biennium the department's reserves do not exceed two months' basic
23-23 supervision operating costs. The Texas Department of Criminal
23-24 Justice may adopt policies and standards permitting a department to
23-25 maintain reserves in an amount greater than otherwise permitted by
23-26 this subsection as necessary to cover emergency costs or implement
24-1 new programs with the approval of the Texas Department of Criminal
24-2 Justice. The Texas Department of Criminal Justice may distribute
24-3 unallocated per capita or formula funds to provide supplemental
24-4 funds to individual departments to further the purposes of this
24-5 chapter.
24-6 (h) A community supervision and corrections department at
24-7 any time may transfer to the Texas Department of Criminal Justice
24-8 any unencumbered state funds held by the department. The Texas
24-9 Department of Criminal Justice may distribute funds received from a
24-10 community supervision and corrections department under this
24-11 subsection to provide supplemental funds to individual departments
24-12 to further the purposes of this chapter.
24-13 SECTION 1.33. Subdivision (8), Section 2251.001, Government
24-14 Code, is amended to read as follows:
24-15 (8) "Vendor" means a person who supplies goods or
24-16 services to a governmental entity. The term includes Texas
24-17 Correctional Industries.
24-18 SECTION 1.34. Subsection (a), Section 8, Article 42.09, Code
24-19 of Criminal Procedure, is amended to read as follows:
24-20 (a) A county that transfers a defendant to the Texas
24-21 Department of Criminal Justice under this article shall deliver to
24-22 an officer designated by the department:
24-23 (1) a copy of the judgment entered pursuant to Article
24-24 42.01 of this code, completed on a standardized felony judgment
24-25 form described by Section 4 of that article;
24-26 (2) a copy of any order revoking community supervision
25-1 and imposing sentence pursuant to Section 23, Article 42.12, of
25-2 this code, including:
25-3 (A) any amounts owed for restitution, fines, and
25-4 court costs, completed on a standardized felony judgment form
25-5 described by Section 4, Article 42.01, of this code; and
25-6 (B) a copy of the client supervision plan
25-7 prepared for the defendant by the community supervision and
25-8 corrections department supervising the defendant, if such a plan
25-9 was prepared;
25-10 (3) a written report that states the nature and the
25-11 seriousness of each offense and that states the citation to the
25-12 provision or provisions of the Penal Code or other law under which
25-13 the defendant was convicted;
25-14 (4) a copy of the victim impact statement, if one has
25-15 been prepared in the case under Article 56.03 of this code;
25-16 (5) a statement as to whether there was a change in
25-17 venue in the case and, if so, the names of the county prosecuting
25-18 the offense and the county in which the case was tried;
25-19 (6) a copy of the record of arrest for each offense;
25-20 (7) if requested, information regarding the criminal
25-21 history of the defendant, including the defendant's state
25-22 identification number if the number has been issued;
25-23 (8) a copy of the indictment or information for each
25-24 offense;
25-25 (9) a checklist sent by the department to the county
25-26 and completed by the county in a manner indicating that the
26-1 documents required by this subsection and Subsection (c) of this
26-2 section accompany the defendant; and
26-3 (10) if prepared, a copy of a presentence or
26-4 postsentence investigation report prepared under Section 9, Article
26-5 42.12 of this code.
26-6 SECTION 1.35. Subsection (k), Section 9, Article 42.12, Code
26-7 of Criminal Procedure, is amended to read as follows:
26-8 (k) If a presentence report in a felony case is not required
26-9 under this section, the judge may [shall] direct the officer to
26-10 prepare a postsentence report containing the same information that
26-11 would have been required for the presentence report, other than a
26-12 proposed client supervision plan and any information that is
26-13 reflected in the judgment. If the postsentence report is ordered,
26-14 the [The] officer shall send the [postsentence] report to the clerk
26-15 of the court not later than the 30th day after the date on which
26-16 sentence is pronounced or deferred adjudication is granted, and the
26-17 clerk shall deliver the postsentence report with the papers in the
26-18 case to a designated officer of the Texas Department of Criminal
26-19 Justice, as described [required] by Section 8(a), Article 42.09.
26-20 SECTION 1.36. Section 14, Article 42.12, Code of Criminal
26-21 Procedure, as amended by Chapter 321, Acts of the 74th Legislature,
26-22 Regular Session, 1995, is amended by amending Subsection (c) and
26-23 adding Subsection (e) to read as follows:
26-24 (c) If a judge requires as a condition of community
26-25 supervision that the defendant serve a term of confinement and
26-26 treatment in a substance abuse treatment facility under this
27-1 section, the judge shall also require as a condition of community
27-2 supervision that on release from the facility the defendant:
27-3 (1) participate in a drug or alcohol abuse continuum
27-4 of care treatment plan; and
27-5 (2) pay a fee in an amount established by the judge
27-6 for residential aftercare required as part of the treatment plan.
27-7 (e) The clerk of a court that collects a fee imposed under
27-8 Subsection (c)(2) shall remit the fee to the comptroller, and the
27-9 comptroller shall deposit the fee into the general revenue fund.
27-10 In requiring the payment of a fee under Subsection (c)(2), the
27-11 judge shall consider fines, fees, and other necessary expenses for
27-12 which the defendant is obligated in establishing the amount of the
27-13 fee. The judge may not:
27-14 (1) establish the fee in an amount that is greater
27-15 than 25 percent of the defendant's gross income while the defendant
27-16 is a participant in residential aftercare; or
27-17 (2) require the defendant to pay the fee at any time
27-18 other than a time at which the defendant is both employed and a
27-19 participant in residential aftercare.
27-20 SECTION 1.37. Subdivision (2), Section 171.651, Tax Code, is
27-21 amended to read as follows:
27-22 (2) "Work program participant" has the meaning
27-23 assigned by Section 497.001(b) ["Inmate" means an inmate in a
27-24 prison industries program operated by the prison industries office
27-25 of the department under Subchapter A, Chapter 497], Government
27-26 Code.
28-1 SECTION 1.38. Section 171.653, Tax Code, is amended to read
28-2 as follows:
28-3 Sec. 171.653. CREDIT FOR WAGES PAID TO WORK PROGRAM
28-4 PARTICIPANT [INMATE]. (a) The amount of the credit for wages paid
28-5 by a corporation to a work program participant [an inmate] is equal
28-6 to 10 percent of that portion of the wages paid that the department
28-7 apportions to the state [under Section 497.004(b)(3), Government
28-8 Code,] as reimbursement for the cost of the participant's
28-9 [inmate's] confinement.
28-10 (b) A corporation is eligible for the credit under this
28-11 section only if it receives before the due date of its franchise
28-12 tax report for the privilege period for which the credit is claimed
28-13 a written certification from the department stating the amount of
28-14 the wages that the corporation paid to a work program participant
28-15 [an inmate] during the privilege period and the amount of those
28-16 wages that the department apportioned to the state as reimbursement
28-17 for the cost of the participant's [inmate's] confinement.
28-18 (c) A corporation is eligible for the credit under this
28-19 section only if the work program participant [inmate] for whom it
28-20 is paid has been continuously employed for not less than six
28-21 months.
28-22 SECTION 1.39. Section 171.654, Tax Code, is amended to read
28-23 as follows:
28-24 Sec. 171.654. CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
28-25 PROGRAM PARTICIPANT [AN INMATE]. (a) The amount of the credit for
28-26 wages paid by a corporation to an employee who was employed by the
29-1 corporation when the employee was a work program participant [an
29-2 inmate] is equal to 10 percent of that portion of the wages paid
29-3 that, were the employee still a participant [an inmate], the
29-4 department would apportion to the state [under Section
29-5 497.004(b)(3), Government Code,] as reimbursement for the cost of
29-6 the participant's [inmate's] confinement.
29-7 (b) A corporation is eligible for the credit under this
29-8 section only if:
29-9 (1) the employee who was formerly a work program
29-10 participant [an inmate] was continuously employed for not less than
29-11 six months while a participant [an inmate] and has been
29-12 continuously employed by the corporation for at least one year
29-13 after the date that the employee was released from prison or
29-14 department supervision;
29-15 (2) the nature of the employment is substantially
29-16 similar to the employment the employee had with the corporation
29-17 when the employee was a work program participant [an inmate] or the
29-18 employment requires more skills or provides greater opportunities
29-19 for the employee;
29-20 (3) the corporation has provided the department a
29-21 statement of the amount of wages paid the employee during the
29-22 accounting period on which the credit is computed; and
29-23 (4) the corporation receives before the due date of
29-24 its franchise tax report for the privilege period for which the
29-25 credit is claimed a written certification from the department
29-26 stating the amount of the wages that, were the employee still a
30-1 work program participant [an inmate], the department would have
30-2 apportioned to the state as reimbursement for the cost of the
30-3 participant's [inmate's] confinement.
30-4 (c) A corporation may claim a credit under this section only
30-5 for:
30-6 (1) wages paid an employee after the employee has been
30-7 employed by the corporation for more than one year after the date
30-8 of the employee's release from prison or supervision; and
30-9 (2) wages paid the employee for not longer than one
30-10 year.
30-11 SECTION 1.40. The heading of Subchapter L, Chapter 171, Tax
30-12 Code, is amended to read as follows:
30-13 SUBCHAPTER L. TAX CREDIT FOR WAGES PAID TO
30-14 TEXAS DEPARTMENT OF CRIMINAL JUSTICE WORK PROGRAM
30-15 PARTICIPANTS [INMATES] OR FORMER PARTICIPANTS [INMATES]
30-16 SECTION 1.41. Section 497.090, Government Code, is repealed.
30-17 ARTICLE 2
30-18 SECTION 2.01. Section 497.052, Government Code, is amended
30-19 by adding Subsections (c) and (d) to read as follows:
30-20 (c) A person may not be a public member of the authority if
30-21 the person or the person's spouse:
30-22 (1) is employed by or participates in the management
30-23 of a business entity or other organization regulated by or
30-24 receiving money from the authority;
30-25 (2) owns or controls, directly or indirectly, more
30-26 than a 10 percent interest in a business entity or other
31-1 organization regulated by or receiving money from the authority; or
31-2 (3) uses or receives a substantial amount of tangible
31-3 goods, services, or money from the authority other than
31-4 compensation or reimbursement authorized by law for authority
31-5 membership, attendance, or expenses.
31-6 (d) Appointments to the authority shall be made without
31-7 regard to the race, color, disability, sex, religion, age, or
31-8 national origin of the appointees.
31-9 SECTION 2.02. Subchapter C, Chapter 497, Government Code, is
31-10 amended by adding Sections 497.0521 through 497.0527 to read as
31-11 follows:
31-12 Sec. 497.0521. CONFLICTS OF INTEREST. (a) In this section,
31-13 "Texas trade association" means a cooperative and voluntarily
31-14 joined association of business or professional competitors in this
31-15 state designed to assist its members and its industry or profession
31-16 in dealing with mutual business or professional problems and in
31-17 promoting their common interest.
31-18 (b) A person may not be a member of the authority and may
31-19 not be an authority employee employed in a "bona fide executive,
31-20 administrative, or professional capacity," as that phrase is used
31-21 for purposes of establishing an exemption to the overtime
31-22 provisions of the federal Fair Labor Standards Act of 1938 (29
31-23 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
31-24 (1) the person is an officer, employee, or paid
31-25 consultant of a Texas trade association in the field of private
31-26 sector prison industries; or
32-1 (2) the person's spouse is an officer, manager, or
32-2 paid consultant of a Texas trade association in the field of
32-3 private sector prison industries.
32-4 (c) A person may not be a member of the authority or act as
32-5 the general counsel to the authority if the person is required to
32-6 register as a lobbyist under Chapter 305 because of the person's
32-7 activities for compensation on behalf of a profession related to
32-8 the operation of the authority.
32-9 Sec. 497.0522. REMOVAL PROVISIONS. (a) It is a ground for
32-10 removal from the authority that a member:
32-11 (1) does not have at the time of taking office the
32-12 qualifications required by Section 497.052(a);
32-13 (2) does not maintain during service on the authority
32-14 the qualifications required by Section 497.052(a);
32-15 (3) is ineligible for membership under Section
32-16 497.052(c) or 497.0521(b) or (c);
32-17 (4) cannot, because of illness or disability,
32-18 discharge the member's duties for a substantial part of the
32-19 member's term; or
32-20 (5) is absent from more than half of the regularly
32-21 scheduled authority meetings that the member is eligible to attend
32-22 during a calendar year without an excuse approved by a majority
32-23 vote of the authority.
32-24 (b) The validity of an action of the authority is not
32-25 affected by the fact that it is taken when a ground for removal of
32-26 an authority member exists.
33-1 (c) If the executive director has knowledge that a potential
33-2 ground for removal exists, the executive director shall notify the
33-3 presiding officer of the authority of the potential ground. The
33-4 presiding officer shall then notify the governor and the attorney
33-5 general that a potential ground for removal exists. If the
33-6 potential ground for removal involves the presiding officer, the
33-7 executive director shall notify the next highest ranking officer of
33-8 the authority, who shall then notify the governor and the attorney
33-9 general that a potential ground for removal exists.
33-10 Sec. 497.0523. INFORMATION: REQUIREMENTS FOR OFFICE OR
33-11 EMPLOYMENT. The executive director or the executive director's
33-12 designee shall provide to members of the authority and to agency
33-13 employees, as often as necessary, information regarding the
33-14 requirements for office or employment under this subchapter,
33-15 including information regarding a person's responsibilities under
33-16 applicable laws relating to standards of conduct for state officers
33-17 or employees.
33-18 Sec. 497.0524. TRAINING PROGRAM. (a) A person who is
33-19 appointed to and qualifies for office as a member of the authority
33-20 may not vote, deliberate, or be counted as a member in attendance
33-21 at a meeting of the authority until the person completes a training
33-22 program that complies with this section.
33-23 (b) The training program must provide the person with
33-24 information regarding:
33-25 (1) the legislation that created the authority;
33-26 (2) the programs operated by the authority;
34-1 (3) the role and functions of the authority;
34-2 (4) the rules of the authority;
34-3 (5) the current budget for the authority;
34-4 (6) the results of the most recent formal audit of the
34-5 authority;
34-6 (7) the requirements of:
34-7 (A) the open meetings law, Chapter 551;
34-8 (B) the public information law, Chapter 552;
34-9 (C) the administrative procedure law, Chapter
34-10 2001; and
34-11 (D) other laws relating to public officials,
34-12 including conflict of interest laws; and
34-13 (8) any applicable ethics policies adopted by the
34-14 department or the Texas Ethics Commission.
34-15 (c) A person appointed to the authority is entitled to
34-16 reimbursement, as provided by the General Appropriations Act, for
34-17 the travel expenses incurred in attending the training program
34-18 regardless of whether the attendance at the program occurs before
34-19 or after the person qualifies for office.
34-20 Sec. 497.0525. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.
34-21 The authority shall develop and implement policies that clearly
34-22 separate the policymaking responsibilities of the authority and the
34-23 management responsibilities of the staff of the authority.
34-24 Sec. 497.0526. PUBLIC ACCESS. The authority shall develop
34-25 and implement policies that provide the public with a reasonable
34-26 opportunity to appear before the authority and to speak on any
35-1 issue under the jurisdiction of the authority.
35-2 Sec. 497.0527. COMPLAINTS. (a) The authority shall
35-3 maintain a file on each written complaint filed with the authority.
35-4 The file must include:
35-5 (1) the name of the person who filed the complaint;
35-6 (2) the date the complaint is received by the
35-7 authority;
35-8 (3) the subject matter of the complaint;
35-9 (4) the name of each person contacted in relation to
35-10 the complaint;
35-11 (5) a summary of the results of the review or
35-12 investigation of the complaint; and
35-13 (6) an explanation of the reason the file was closed,
35-14 if the authority closed the file without taking action other than
35-15 to investigate the complaint.
35-16 (b) The authority shall provide to the person filing the
35-17 complaint and to each person who is a subject of the complaint a
35-18 copy of the authority's policies and procedures relating to
35-19 complaint investigation and resolution.
35-20 (c) The authority, at least quarterly until final
35-21 disposition of the complaint, shall notify the person filing the
35-22 complaint and each person who is a subject of the complaint of the
35-23 status of the investigation unless the notice would jeopardize an
35-24 undercover investigation.
35-25 ARTICLE 3
35-26 SECTION 3.01. Section 614.002, Health and Safety Code, is
36-1 amended to read as follows:
36-2 Sec. 614.002. COMPOSITION OF COUNCIL. (a) The Texas
36-3 Council on Offenders with Mental Impairments is composed of 30 [29]
36-4 members.
36-5 (b) The governor shall appoint, with the advice and consent
36-6 of the senate:
36-7 (1) four at-large members who have expertise in mental
36-8 health, mental retardation, or developmental disabilities, one of
36-9 whom must be a psychiatrist;
36-10 (2) one at-large member who is the judge of a court
36-11 with criminal jurisdiction;
36-12 (3) one at-large member who is a prosecuting attorney;
36-13 (4) one at-large member who is a criminal defense
36-14 attorney;
36-15 (5) one at-large member from an established pretrial
36-16 services agency; and
36-17 (6) one at-large member who has expertise in the
36-18 criminal justice system.
36-19 (c) A person may not be an at-large member of the council if
36-20 the person or the person's spouse:
36-21 (1) is employed by or participates in the management
36-22 of a business entity or other organization regulated by or
36-23 receiving money from the council;
36-24 (2) owns or controls, directly or indirectly, more
36-25 than a 10 percent interest in a business entity or other
36-26 organization regulated by or receiving money from the council; or
37-1 (3) uses or receives a substantial amount of tangible
37-2 goods, services, or money from the council other than compensation
37-3 or reimbursement authorized by law for council membership,
37-4 attendance, or expenses.
37-5 (d) A person may not be a member of the council or act as
37-6 the general counsel to the council if the person is required to
37-7 register as a lobbyist under Chapter 305, Government Code, because
37-8 of the person's activities for compensation on behalf of a
37-9 profession related to the operation of the council.
37-10 (e) The executive head of each of the following agencies,
37-11 divisions of agencies, or associations, or that person's designated
37-12 representative, shall serve as a member of the council:
37-13 (1) the institutional division of the Texas Department
37-14 of Criminal Justice;
37-15 (2) the Texas Department of Mental Health and Mental
37-16 Retardation;
37-17 (3) the pardons and paroles division of the Texas
37-18 Department of Criminal Justice;
37-19 (4) the community justice assistance division of the
37-20 Texas Department of Criminal Justice;
37-21 (5) the state jail division of the Texas Department of
37-22 Criminal Justice;
37-23 (6) the Texas Juvenile Probation Commission;
37-24 (7) the Texas Youth Commission;
37-25 (8) the Texas Rehabilitation Commission;
37-26 (9) the Texas Education Agency;
38-1 (10) the Criminal Justice Policy Council;
38-2 (11) the Mental Health Association in Texas;
38-3 (12) the Texas Commission on Alcohol and Drug Abuse;
38-4 (13) the Commission on Law Enforcement Officer
38-5 Standards and Education;
38-6 (14) the Texas Council of Community Mental Health and
38-7 Mental Retardation Centers;
38-8 (15) the Commission on Jail Standards;
38-9 (16) the Texas Planning Council for Developmental
38-10 Disabilities;
38-11 (17) the Texas Association for Retarded Citizens;
38-12 (18) the Texas Alliance for the Mentally Ill;
38-13 (19) the Parent Association for the Retarded of Texas,
38-14 Inc.;
38-15 (20) the Texas Department of Human Services; and
38-16 (21) the Texas Department on Aging.
38-17 (f) [(d)] In making the appointments under Subsection (b),
38-18 the governor shall attempt to reflect the geographic and economic
38-19 diversity of the state. Appointments to the council shall be made
38-20 without regard to the race, color, disability, sex, religion, age,
38-21 or national origin of the appointees.
38-22 (g) It is a ground for removal from the council that an
38-23 at-large member:
38-24 (1) does not have at the time of taking office the
38-25 qualifications required by Subsections (b), (c), and (k);
38-26 (2) does not maintain during service on the council
39-1 the qualifications required by Subsections (b), (c), and (k);
39-2 (3) is ineligible for membership under Subsection (c)
39-3 or (d);
39-4 (4) cannot, because of illness or disability,
39-5 discharge the member's duties for a substantial part of the
39-6 member's term;
39-7 (5) is absent from more than half of the regularly
39-8 scheduled council meetings that the member is eligible to attend
39-9 during a calendar year without an excuse approved by a majority
39-10 vote of the council; or
39-11 (6) is absent from more than two consecutive regularly
39-12 scheduled council meetings that the member is eligible to attend.
39-13 (h) The validity of an action of the council is not affected
39-14 by the fact that it is taken when a ground for removal of a council
39-15 member exists.
39-16 (i) If the director of the council has knowledge that a
39-17 potential ground for removal exists, the director shall notify the
39-18 presiding officer of the council of the potential ground. The
39-19 presiding officer shall then notify the governor and the attorney
39-20 general that a potential ground for removal exists. If the
39-21 potential ground for removal involves the presiding officer, the
39-22 director shall notify the next highest ranking officer of the
39-23 council, who shall then notify the governor and the attorney
39-24 general that a potential ground for removal exists.
39-25 (j) [(e) It is a ground for removal if an at large member:]
39-26 [(1) is not eligible for appointment at the time of
40-1 appointment as provided by Subsections (b) and (g);]
40-2 [(2) is absent from more than half of the regularly
40-3 scheduled council meetings that the member is eligible to attend
40-4 during each calendar year; or]
40-5 [(3) is absent from more than two consecutive
40-6 regularly scheduled council meetings that the member is eligible to
40-7 attend.]
40-8 [(f)] A representative designated by the executive head of a
40-9 state agency must be an officer or employee of the agency when
40-10 designated and while serving on the council, except the
40-11 representative designated by the director of the Criminal Justice
40-12 Policy Council must be an employee of that council.
40-13 (k) [(g)] Members who are not associated with a state agency
40-14 or division must have expertise in the rehabilitation of persons
40-15 with mental illness, mental retardation, or a developmental
40-16 disability when appointed or designated and while serving on the
40-17 council.
40-18 SECTION 3.02. Chapter 614, Health and Safety Code, is
40-19 amended by adding Sections 614.003 and 614.0031 to read as follows:
40-20 Sec. 614.003. INFORMATION: REQUIREMENTS FOR OFFICE OR
40-21 EMPLOYMENT. The executive director of the Texas Department of
40-22 Criminal Justice or the executive director's designee shall
40-23 provide to members of the council and to agency employees, as often
40-24 as necessary, information regarding the requirements for office or
40-25 employment under this chapter, including information regarding a
40-26 person's responsibilities under applicable laws relating to
41-1 standards of conduct for state officers or employees.
41-2 Sec. 614.0031. TRAINING PROGRAM. (a) A person who is
41-3 appointed to and qualifies for office as a member of the council
41-4 may not vote, deliberate, or be counted as a member in attendance
41-5 at a meeting of the council until the person completes a training
41-6 program that complies with this section.
41-7 (b) The training program must provide the person with
41-8 information regarding:
41-9 (1) the legislation that created the council;
41-10 (2) the programs operated by the council;
41-11 (3) the role and functions of the council;
41-12 (4) the rules of the council;
41-13 (5) the current budget for the council;
41-14 (6) the results of the most recent formal audit of the
41-15 council;
41-16 (7) the requirements of:
41-17 (A) the open meetings law, Chapter 551,
41-18 Government Code;
41-19 (B) the public information law, Chapter 552,
41-20 Government Code;
41-21 (C) the administrative procedure law, Chapter
41-22 2001, Government Code; and
41-23 (D) other laws relating to public officials,
41-24 including conflict of interest laws; and
41-25 (8) any applicable ethics policies adopted by the
41-26 council or the Texas Ethics Commission.
42-1 (c) A person appointed to the council is entitled to
42-2 reimbursement, as provided by the General Appropriations Act, for
42-3 the travel expenses incurred in attending the training program
42-4 regardless of whether the attendance at the program occurs before
42-5 or after the person qualifies for office.
42-6 SECTION 3.03. Subsection (a), Section 614.005, Health and
42-7 Safety Code, is amended to read as follows:
42-8 (a) The governor shall designate a member of the council as
42-9 the presiding officer of the council to serve in that capacity at
42-10 the pleasure of the governor [council shall elect a presiding
42-11 officer from its members at the first meeting of each calendar
42-12 year].
42-13 SECTION 3.04. Section 614.007, Health and Safety Code, is
42-14 amended to read as follows:
42-15 Sec. 614.007. POWERS AND DUTIES. (a) The council shall:
42-16 (1) determine the status of offenders with mental
42-17 impairments in the state criminal justice system;
42-18 (2) identify needed services for offenders with mental
42-19 impairments;
42-20 (3) develop a plan for meeting the treatment,
42-21 rehabilitative, and educational needs of offenders with mental
42-22 impairments that includes a case management system and the
42-23 development of community-based alternatives to incarceration;
42-24 (4) cooperate in coordinating procedures of
42-25 represented agencies for the orderly provision of services for
42-26 offenders with mental impairments;
43-1 (5) evaluate programs in this state and outside this
43-2 state for offenders with mental impairments and recommend to the
43-3 directors of state programs methods of improving the programs;
43-4 (6) collect and disseminate information about
43-5 available programs to judicial officers, law enforcement officers,
43-6 probation and parole officers, providers of social services or
43-7 treatment, and the public;
43-8 (7) provide technical assistance to represented
43-9 agencies and organizations in the development of appropriate
43-10 training programs;
43-11 (8) apply for and receive money made available by the
43-12 federal or state government or by any other public or private
43-13 source to be used by the council to perform its duties;
43-14 (9) distribute to political subdivisions, private
43-15 organizations, or other persons money appropriated by the
43-16 legislature to be used for the development, operation, or
43-17 evaluation of programs for offenders with mental impairments;
43-18 (10) develop and implement pilot projects to
43-19 demonstrate a cooperative program to identify, evaluate, and manage
43-20 outside of incarceration offenders with mental impairments; and
43-21 (11) assess the need for demonstration projects and
43-22 provide management for approved projects.
43-23 (b) The council shall develop and implement policies that
43-24 clearly separate the policymaking responsibilities of the council
43-25 and the management responsibilities of the staff of the council.
43-26 SECTION 3.05. Chapter 614, Health and Safety Code, is
44-1 amended by adding Sections 614.010, 614.0101, and 614.0102 to read
44-2 as follows:
44-3 Sec. 614.010. PERSONNEL. (a) The executive director of the
44-4 Texas Department of Criminal Justice or the executive director's
44-5 designee shall prepare and maintain a written policy statement that
44-6 implements a program of equal employment opportunity to ensure that
44-7 all personnel decisions are made without regard to race, color,
44-8 disability, sex, religion, age, or national origin.
44-9 (b) The policy statement must include:
44-10 (1) personnel policies, including policies relating to
44-11 recruitment, evaluation, selection, training, and promotion of
44-12 personnel, that show the intent of the council to avoid the
44-13 unlawful employment practices described by Chapter 21, Labor Code;
44-14 and
44-15 (2) an analysis of the extent to which the composition
44-16 of the council's personnel is in accordance with state and federal
44-17 law and a description of reasonable methods to achieve compliance
44-18 with state and federal law.
44-19 (c) The policy statement must:
44-20 (1) be updated annually;
44-21 (2) be reviewed by the state Commission on Human
44-22 Rights for compliance with Subsection (b)(1); and
44-23 (3) be filed with the governor's office.
44-24 Sec. 614.0101. PUBLIC ACCESS. The council shall develop and
44-25 implement policies that provide the public with a reasonable
44-26 opportunity to appear before the council and to speak on any issue
45-1 under the jurisdiction of the council.
45-2 Sec. 614.0102. COMPLAINTS. (a) The council shall maintain
45-3 a file on each written complaint filed with the council. The file
45-4 must include:
45-5 (1) the name of the person who filed the complaint;
45-6 (2) the date the complaint is received by the council;
45-7 (3) the subject matter of the complaint;
45-8 (4) the name of each person contacted in relation to
45-9 the complaint;
45-10 (5) a summary of the results of the review or
45-11 investigation of the complaint; and
45-12 (6) an explanation of the reason the file was closed,
45-13 if the council closed the file without taking action other than to
45-14 investigate the complaint.
45-15 (b) The council shall provide to the person filing the
45-16 complaint and to each person who is a subject of the complaint a
45-17 copy of the council's policies and procedures relating to complaint
45-18 investigation and resolution.
45-19 (c) The council, at least quarterly until final disposition
45-20 of the complaint, shall notify the person filing the complaint and
45-21 each person who is a subject of the complaint of the status of the
45-22 investigation unless the notice would jeopardize an undercover
45-23 investigation.
45-24 SECTION 3.06. Section 614.017, Health and Safety Code, is
45-25 amended to read as follows:
45-26 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
46-1 [authorized by this chapter to provide continuity of care for a
46-2 special needs offender] may:
46-3 (1) receive information relating to a special needs
46-4 offender regardless of whether other state law makes that
46-5 information confidential, if the agency receives the information to
46-6 further the purposes of this chapter; or
46-7 (2) disclose information relating to a special needs
46-8 offender, including information about the offender's identity,
46-9 needs, treatment, social, criminal, and vocational history,
46-10 supervision status and compliance with conditions of supervision,
46-11 and medical and mental health history, if the agency discloses the
46-12 information to further the purposes of this chapter.
46-13 (b) This section is not intended to conflict with a federal
46-14 law that restricts the disclosure of information described by
46-15 Subsection (a).
46-16 (c) In this section:
46-17 (1) "Agency" includes any of the following entities [a
46-18 division within an agency], a person with an agency relationship
46-19 with one of the following entities [an agency], and a person who
46-20 contracts with one or more of the following entities:
46-21 (A) the institutional division of the Texas
46-22 Department of Criminal Justice;
46-23 (B) the pardons and paroles division of the
46-24 Texas Department of Criminal Justice;
46-25 (C) the community justice assistance division of
46-26 the Texas Department of Criminal Justice;
47-1 (D) the state jail division of the Texas
47-2 Department of Criminal Justice;
47-3 (E) the Texas Department of Mental Health and
47-4 Mental Retardation;
47-5 (F) the Texas Juvenile Probation Commission;
47-6 (G) the Texas Youth Commission;
47-7 (H) the Texas Rehabilitation Commission;
47-8 (I) the Texas Education Agency;
47-9 (J) the Criminal Justice Policy Council;
47-10 (K) the Texas Commission on Alcohol and Drug
47-11 Abuse;
47-12 (L) the Commission on Jail Standards;
47-13 (M) the Texas Department of Human Services;
47-14 (N) the Texas Department on Aging;
47-15 (O) the Texas School for the Blind and Visually
47-16 Impaired;
47-17 (P) the Texas Department of Health;
47-18 (Q) the Texas Commission for the Deaf and Hard
47-19 of Hearing;
47-20 (R) community supervision and corrections
47-21 departments;
47-22 (S) personal bond pretrial release offices
47-23 established under Article 17.42, Code of Criminal Procedure; and
47-24 (T) local jails regulated by the Commission on
47-25 Jail Standards [an agency].
47-26 (2) "Special needs offender" means an individual who
48-1 after conviction or adjudication is in custody or under any form of
48-2 criminal justice supervision [a convicted felon or an individual
48-3 who is placed on community supervision after a grant of deferred
48-4 adjudication under Section 5, Article 42.12, Code of Criminal
48-5 Procedure].
48-6 SECTION 3.07. Chapter 614, Health and Safety Code, is
48-7 amended by adding Section 614.018 to read as follows:
48-8 Sec. 614.018. USE OF COUNTY JAIL FACILITIES. (a) The
48-9 council shall conduct a study on strategies for reducing the use of
48-10 county jails to provide mental health treatment to persons with
48-11 mental illness.
48-12 (b) The study must include an examination of:
48-13 (1) arrest rates of persons with mental illness and
48-14 incarceration practices regarding those persons;
48-15 (2) the feasibility of establishing a regional mental
48-16 health detention facility as a pilot facility; and
48-17 (3) operational issues regarding the establishment of
48-18 a pilot facility, including funding strategies and the use of
48-19 existing facilities.
48-20 (c) The council shall file a copy of the study, a synopsis
48-21 of the results of the study, and the council's recommendations with
48-22 the legislature not later than February 1, 2001.
48-23 (d) This section expires March 1, 2001.
48-24 ARTICLE 4
48-25 SECTION 4.01. This Act takes effect September 1, 1999.
48-26 SECTION 4.02. The importance of this legislation and the
49-1 crowded condition of the calendars in both houses create an
49-2 emergency and an imperative public necessity that the
49-3 constitutional rule requiring bills to be read on three several
49-4 days in each house be suspended, and this rule is hereby suspended.