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.