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, the administration of
1-4 the Texas Council on Offenders with Mental Impairments, and the
1-5 civil commitment of sexually violent predators.
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. Chapter 493, Government Code, is amended by
13-13 adding Section 493.023 to read as follows:
13-14 Sec. 493.023. CHARITABLE FUND-RAISING. (a) Under policies
13-15 established by the department, a department employee may
13-16 participate in fund-raising activities conducted on department
13-17 property on the employee's own time for the benefit of an eligible
13-18 charitable organization. The department shall adopt policies under
13-19 this section which address:
13-20 (1) minimum qualifications of eligible charitable
13-21 organizations;
13-22 (2) limitations on the use of funds;
13-23 (3) handling and distribution of the proceeds of
13-24 fund-raising activity to eligible charitable organizations located
13-25 in the county where the fund-raising takes place; and
13-26 (4) ensuring that participation in fund-raising is
14-1 voluntary and not coercive.
14-2 (b) Funds collected under this section are not subject to
14-3 Section 404.094.
14-4 (c) This section does not affect the department's
14-5 participation in the state employees charitable campaign under
14-6 Subchapter H, Chapter 659.
14-7 SECTION 1.13. Section 495.007, Government Code, is amended
14-8 to read as follows:
14-9 Sec. 495.007. LIMITATION. The board may not enter into
14-10 contracts under this subchapter for more than 4,580 [4,080] beds.
14-11 SECTION 1.14. Subdivision (2), Subsection (b), Section
14-12 497.001, Government Code, is amended to read as follows:
14-13 (2) "Articles and products" includes [include]
14-14 services provided through the use of work program participant
14-15 [inmate] labor.
14-16 SECTION 1.15. Subsection (b), Section 497.001, Government
14-17 Code, is amended by adding Subdivision (3) to read as follows:
14-18 (3) "Work program participant" means a person who:
14-19 (A) is an inmate confined in a facility operated
14-20 by or under contract with the department or a defendant or releasee
14-21 housed in a facility operated by or under contract with the
14-22 department; and
14-23 (B) works at a job assigned by the office.
14-24 SECTION 1.16. Subsection (a), Section 497.002, Government
14-25 Code, is amended to read as follows:
14-26 (a) The purposes of the office are to implement this
15-1 subchapter and Subchapter B to:
15-2 (1) provide work program participants with marketable
15-3 job skills to help reduce recidivism through a coordinated program
15-4 of:
15-5 (A) job skills training;
15-6 (B) documentation of work history; and
15-7 (C) access to resources provided by Project RIO
15-8 and the Texas Workforce Commission, including access to resources
15-9 provided through assistance to local workforce development boards
15-10 in referring work program participants to the Project RIO
15-11 employment referral services provided under Section 306.002, Labor
15-12 Code; and [adequate, regular, and suitable employment for the
15-13 vocational training and rehabilitation of inmates, consistent with
15-14 proper correctional purposes;]
15-15 (2) reduce department costs by providing products and
15-16 articles for the department and providing [use the labor of inmates
15-17 for self-maintenance;]
15-18 [(3) reimburse the state for expenses caused by the
15-19 crimes of inmates and the cost of their imprisonment;]
15-20 [(4) provide for the requisition and disbursement of
15-21 department articles and products through established state
15-22 authorities to eliminate the possibility of unlawful private profit
15-23 from the distribution of those articles and products;]
15-24 [(5) provide materials,] products[,] or articles for
15-25 sale on a for-profit basis to the public[, to private enterprises,]
15-26 or to agencies of the state or political subdivisions of the
16-1 state[; and]
16-2 [(6) develop and expand public and private prison
16-3 industry operations].
16-4 SECTION 1.17. Subsection (c), Section 497.003, Government
16-5 Code, is amended to read as follows:
16-6 (c) The prison industries advisory committee shall advise
16-7 the board on all aspects of prison industry operations[,] and shall
16-8 make recommendations to the board on the effective use of prison
16-9 industries programs to assist work program participants [inmates]
16-10 in the development of job skills necessary for successful
16-11 reintegration into the community after release from imprisonment.
16-12 SECTION 1.18. Section 497.004, Government Code, is amended
16-13 to read as follows:
16-14 Sec. 497.004. [INMATE] LABOR, PAY. (a) [The department
16-15 shall use inmate labor in prison industries to the greatest extent
16-16 feasible and shall develop and expand prison industries by pursuing
16-17 arrangements with business for the use of inmate labor.]
16-18 [(b)] The board may develop by rule and the department may
16-19 administer an incentive pay scale for work program participants
16-20 consistent with rules adopted by the Private Sector Prison
16-21 Industries Oversight Authority under Subchapter C [inmates who
16-22 participate in prison industries]. Prison industries may be
16-23 financed through contributions donated for this purpose by private
16-24 businesses contracting with the department. The department shall
16-25 apportion pay earned by a work program participant [an inmate] in
16-26 the same manner as is required by rules adopted by the Private
17-1 Sector Prison Industries Oversight Authority under Section 497.0581
17-2 [497.051].
17-3 (b) [(c)] In assigning work program participants [inmates]
17-4 to available job training positions in [prison] factories, the
17-5 department shall consider each participant's classification and
17-6 availability for work. The department shall give priority to work
17-7 program participants closest to release from imprisonment or
17-8 supervision in making assignment to those job training positions
17-9 that provide the most marketable skills [inmate's needs and
17-10 projected release date].
17-11 SECTION 1.19. Section 497.005, Government Code, is amended
17-12 to read as follows:
17-13 Sec. 497.005. INDUSTRIAL RECEIPTS [REVOLVING ACCOUNT].
17-14 [(a) The legislature may appropriate money to an industrial
17-15 revolving account in the general revenue fund.]
17-16 [(b) The office shall administer the industrial revolving
17-17 account.]
17-18 [(c)] The office may use money appropriated to the office in
17-19 amounts corresponding to receipts from the sale of articles and
17-20 products under this subchapter and Subchapter B [in the industrial
17-21 revolving account] to purchase real property, erect buildings,
17-22 improve facilities, buy equipment and tools, install or replace
17-23 equipment, buy industrial raw materials and supplies, and pay for
17-24 other necessary expenses for the administration of this subchapter
17-25 and Subchapter B.
17-26 [(d) The office shall remit money received from the sale of
18-1 articles and products produced under this subchapter and Subchapter
18-2 B to the comptroller to be deposited in the industrial revolving
18-3 account.]
18-4 [(e) When the governor and the Legislative Budget Board
18-5 determine that the industrial revolving account contains money in
18-6 an amount that exceeds the amount necessary for the administration
18-7 of this subchapter and Subchapter B, the governor and the
18-8 Legislative Budget Board shall certify that fact to the
18-9 comptroller, who shall transfer the excess amount to the
18-10 unobligated portion of the general revenue fund.]
18-11 [(f) Section 403.095, Government Code, does not apply to the
18-12 industrial revolving account.]
18-13 SECTION 1.20. Section 497.006, Government Code, is amended
18-14 to read as follows:
18-15 Sec. 497.006. CONTRACTS WITH PRIVATE BUSINESS. To encourage
18-16 the development and expansion of prison industries, the prison
18-17 industries office may enter into necessary contracts related to the
18-18 prison industries program. With the approval of the board, the
18-19 office may enter into a contract with a private business to conduct
18-20 a program on or off property operated by the department. A
18-21 contract entered into under this section must comply with the
18-22 Private Sector/Prison Industry Enhancement Certification Program
18-23 operated by the Bureau of Justice Assistance and authorized by 18
18-24 U.S.C. Section 1761. In determining under Section 497.062
18-25 [497.051] the number of participants participating [inmates
18-26 employed] in private sector prison industries [conditional work]
19-1 programs, the department shall count the number of work program
19-2 participants [inmates] participating in a [work] program under a
19-3 contract entered into under this section. Not more than 500 work
19-4 program participants [250 inmates] may participate in [work]
19-5 programs under contracts entered into under this section.
19-6 SECTION 1.21. Section 497.007, Government Code, is amended
19-7 to read as follows:
19-8 Sec. 497.007. GRANTS. The office may accept any grant
19-9 designated for work program participant [inmate] vocational
19-10 rehabilitation. The office shall maintain records relating to the
19-11 receipt and disbursement of grant funds[,] and shall annually
19-12 report to the board on the administration of grant funds.
19-13 SECTION 1.22. Section 497.009, Government Code, is amended
19-14 to read as follows:
19-15 Sec. 497.009. CERTIFICATION FOR FRANCHISE TAX CREDIT. The
19-16 department or the office on behalf of the department shall prepare
19-17 and issue a certification that a corporation requires to establish
19-18 eligibility for the franchise tax credit for wages paid to work
19-19 program participants [inmates] or employees who were work program
19-20 participants [inmates] under Subchapter L, Chapter 171, Tax Code.
19-21 SECTION 1.23. Subsection (a), Section 497.025, Government
19-22 Code, is amended to read as follows:
19-23 (a) An agency of the state that purchases articles and
19-24 products under this subchapter must requisition the purchase
19-25 through the General Services Commission except for purchases of
19-26 articles or products not included in an established contract. The
20-1 purchase of articles or products not included in an established
20-2 contract and that do not exceed the dollar limits established under
20-3 Section 2155.132 may be acquired directly from the office on the
20-4 agency's obtaining an informal or a formal quotation for the item
20-5 and issuing a proper purchase order to the office. The General
20-6 Services Commission and the department shall enter into an
20-7 agreement to expedite the process by which agencies are required to
20-8 requisition purchases of articles or products through the
20-9 commission.
20-10 SECTION 1.24. Subsection (b), Section 497.051, Government
20-11 Code, is amended to read as follows:
20-12 (b) In this subchapter:
20-13 (1) "Authority"[, "authority"] means the Private
20-14 Sector Prison Industries Oversight Authority.
20-15 (2) "Participant" means a participant in a private
20-16 sector prison industries program.
20-17 SECTION 1.25. (a) Section 497.052, Government Code, is
20-18 amended by amending Subsection (a) and adding Subsection (c) to
20-19 read as follows:
20-20 (a) The authority is composed of nine members appointed by
20-21 the governor:
20-22 (1) one of whom is representative of organized labor;
20-23 (2) one of whom is representative of employers;
20-24 (3) one of whom is representative of groups advocating
20-25 the rights of victims of criminal offenses;
20-26 (4) one of whom is representative of groups advocating
21-1 the rights of inmates;
21-2 (5) one of whom is experienced in the field of
21-3 vocational rehabilitation; and
21-4 (6) four [one of whom is an employer in the private
21-5 sector prison industries program that is certified as in compliance
21-6 with the federal prison enhancement certification program
21-7 established under 18 U.S.C. Section 1761; and]
21-8 [(7) three] of whom are public members.
21-9 (c) The governor shall appoint as an employer liaison to the
21-10 authority one person who is an employer in the private sector
21-11 prison industries program that is certified as in compliance with
21-12 the federal prison enhancement certification program established
21-13 under 18 U.S.C. Section 1761. The employer liaison is entitled to
21-14 attend meetings of the authority and offer advice to the authority
21-15 from the perspective of a prison industries employer. The employer
21-16 liaison serves at the pleasure of the governor, is not entitled to
21-17 vote on any issue considered by the authority, and is entitled to
21-18 reimbursement for travel expenses in the same manner as is a member
21-19 of the authority under Section 497.055.
21-20 (b) On or before January 1, 2000, the governor shall appoint
21-21 a new public member to the Private Sector Prison Industries
21-22 Oversight Authority. The member of the authority serving as an
21-23 employer in the private sector prison industries program ceases to
21-24 serve as a member of the authority on the appointment of the new
21-25 public member, and the term of the new public member expires on the
21-26 date the term of the employer in the industries program would have
22-1 expired had that member remained on the authority.
22-2 SECTION 1.26. Subsection (b), Section 497.056, Government
22-3 Code, is amended to read as follows:
22-4 (b) The authority shall forward fees collected under this
22-5 section to the comptroller. The comptroller shall deposit the fees
22-6 to the credit of an account in the general revenue fund to be known
22-7 as the private sector prison industries oversight account. The
22-8 legislature may appropriate funds from the account only for the
22-9 purpose of paying the costs of the authority and the department in
22-10 implementing this subchapter, including the cost to the department
22-11 of paying the reimbursable expenses of authority members under
22-12 Section 497.055 and the employer liaison as provided by Section
22-13 497.052(c). At the end of each fiscal year, the comptroller shall
22-14 transfer the excess funds in the account to the state treasury to
22-15 the credit of the crime victims compensation fund.
22-16 SECTION 1.27. Section 497.058, Government Code, is amended
22-17 to read as follows:
22-18 Sec. 497.058. PREVAILING WAGE. (a) The authority by rule
22-19 shall require that participants [inmate employees] at each private
22-20 sector prison industries program be [are] paid not less than the
22-21 prevailing wage as computed by the authority, except that the
22-22 authority may permit employers to pay a participant [an employee]
22-23 the minimum wage for the two-month period beginning on the date
22-24 participation [employment] begins.
22-25 (b) For the purposes of computations required by this
22-26 section:
23-1 (1) the prevailing wage is the wage paid by the
23-2 employer for work of a similar nature in the location in which the
23-3 work is performed;
23-4 (2) in the event that the employer has no employees
23-5 other than those employed under this subchapter performing work of
23-6 a similar nature within the location, the prevailing wage for work
23-7 of a similar nature is determined by reference to openings and
23-8 wages by occupation data collected by the labor market information
23-9 [economic research and analysis] department of the Texas Workforce
23-10 Commission; and
23-11 (3) the location in which work is performed is the
23-12 local workforce development area [council of government region] in
23-13 which the work is performed.
23-14 SECTION 1.28. Section 497.0581, Government Code, is amended
23-15 to read as follows:
23-16 Sec. 497.0581. PARTICIPANT [INMATE] CONTRIBUTIONS. The
23-17 authority by rule shall require a participant [an inmate] to
23-18 contribute a percentage of the wages received by the participant
23-19 [inmate] under this subchapter to be deposited in the private
23-20 sector prison industries oversight account. In establishing the
23-21 percentage of the wages required to be contributed by participants
23-22 [inmates] under this section, the authority shall ensure that the
23-23 percentage does not place the private sector prison industries
23-24 programs in the department in noncompliance with the federal prison
23-25 enhancement certification program established under 18 U.S.C.
23-26 Section 1761.
24-1 SECTION 1.29. Section 497.059, Government Code, is amended
24-2 to read as follows:
24-3 Sec. 497.059. LIMITING IMPACT ON NON-PRISON INDUSTRY.
24-4 (a) The authority may not grant initial certification to a private
24-5 sector prison industries program if the authority determines that
24-6 the operation of the program would result in the loss of existing
24-7 jobs provided by the employer in this state.
24-8 (b) The authority shall adopt rules to determine whether a
24-9 program would cause the loss of existing jobs provided by the
24-10 employer in this state.
24-11 SECTION 1.30. Section 497.060, Government Code, is amended
24-12 to read as follows:
24-13 Sec. 497.060. WORKERS' COMPENSATION. The authority by rule
24-14 shall require private sector prison industries program employers to
24-15 meet or exceed all federal requirements for providing compensation
24-16 to participants [inmates] injured while working.
24-17 SECTION 1.31. Section 497.061, Government Code, is amended
24-18 to read as follows:
24-19 Sec. 497.061. RECIDIVISM STUDIES. The authority, with the
24-20 cooperation of the Criminal Justice Policy Council, shall gather
24-21 data to determine whether participation in a private sector prison
24-22 industries program is a factor that reduces recidivism among
24-23 participants [inmates].
24-24 SECTION 1.32. Section 497.062, Government Code, is amended
24-25 to read as follows:
24-26 Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS. The
25-1 authority may certify any number of private sector prison
25-2 industries programs that meet or exceed the requirements of federal
25-3 law and the rules of the authority, but in no event may the
25-4 authority permit more than 2,000 participants [1,500 inmates to
25-5 participate] in the program at any one time.
25-6 SECTION 1.33. Subsection (d), Section 497.091, Government
25-7 Code, is amended to read as follows:
25-8 (d) The department shall make reasonable efforts to [may]
25-9 contract with nonprofit organizations that provide services to the
25-10 general public and enhance social welfare and the general
25-11 well-being of the community to provide inmate labor to those
25-12 organizations. In entering contracts under this subsection, the
25-13 department should give preference to nonprofit organizations that
25-14 will use the inmate labor in a manner that increases the inmates'
25-15 vocational skills.
25-16 SECTION 1.34. Subsection (a), Section 497.094, Government
25-17 Code, is amended to read as follows:
25-18 (a) The department shall implement a job training program
25-19 [programs] for each job performed by an inmate [inmates] confined
25-20 in a facility [facilities] operated by or under contract with the
25-21 department or a defendant or releasee housed in a facility operated
25-22 by or under contract with the department and monitor the success of
25-23 those programs. The department shall also establish a permanent
25-24 record for each inmate, defendant, or releasee. The record must
25-25 describe the types of job training provided to the inmate,
25-26 defendant, or releasee by the department. On release from
26-1 imprisonment or supervision, the department shall provide the
26-2 inmate, defendant, or releasee with a copy of the record. The
26-3 department shall collect information relating to the employment
26-4 histories of inmates released from the institutional division on
26-5 parole and mandatory supervision.
26-6 SECTION 1.35. Section 497.095, Government Code, is amended
26-7 to read as follows:
26-8 Sec. 497.095. INMATE'S WORK RECORD. The department
26-9 [institutional division] shall establish a permanent record for
26-10 each inmate confined, and for each defendant or releasee housed, in
26-11 a facility operated by or under contract with the department [in
26-12 the division] who participates in a department work [an on-the-job
26-13 training] program [of the division]. The record must describe the
26-14 type or types of work performed by the inmate, defendant, or
26-15 releasee during the person's [inmate's] confinement or supervision
26-16 and must contain evaluations of the performance of and [inmate's]
26-17 proficiency at tasks assigned and a record of the [inmate's]
26-18 attendance at work by the inmate, defendant, or releasee. On
26-19 release from imprisonment or supervision, the department shall
26-20 provide the [institutional division, an] inmate, defendant, or
26-21 releasee with [is entitled to] a copy of a record made by the
26-22 department [division] under this section.
26-23 SECTION 1.36. Subchapter E, Chapter 497, Government Code, is
26-24 amended by adding Section 497.099 to read as follows:
26-25 Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED.
26-26 (a) The department shall require each inmate and each defendant or
27-1 releasee housed in a facility operated by or under contract with
27-2 the department to work in an agricultural, industrial, or other
27-3 work program to the extent that the inmate, defendant, or releasee
27-4 is physically and mentally capable of working. The department may
27-5 waive the work requirement for an inmate, defendant, or releasee as
27-6 necessary to maintain security or to permit the inmate, defendant,
27-7 or releasee to participate in rehabilitative programming.
27-8 (b) The board may develop by rule and the department may
27-9 administer an incentive pay scale program for inmates required to
27-10 work in agricultural, industrial, or other work programs. In
27-11 developing the program, the board shall set pay levels not to
27-12 unjustly reward inmates, but rather to instruct inmates on the
27-13 virtues of diligent participation in the workplace. The department
27-14 shall deposit an amount earned by an inmate under this subsection
27-15 into the inmate's trust fund and may deduct not more than 80
27-16 percent of the amount deposited under this subsection for payment
27-17 of restitution and dependent care owed by the inmate. This
27-18 subsection does not apply to the compensation of an inmate
27-19 participating in a Texas Correctional Industries program under
27-20 Subchapter A or an inmate participating in a private sector prison
27-21 industries program under Subchapter C.
27-22 SECTION 1.37. (a) Subsection (a), Section 498.003,
27-23 Government Code, is amended to read as follows:
27-24 (a) Good conduct time applies only to eligibility for parole
27-25 or mandatory supervision as provided by Section 508.145 or 508.147
27-26 and does not otherwise affect an inmate's term. Good conduct time
28-1 is a privilege and not a right. Regardless of the classification
28-2 of an inmate, the department may grant good conduct time to the
28-3 inmate only if the department finds that the inmate is actively
28-4 engaged in an agricultural, vocational, or educational endeavor,
28-5 [or] in an industrial program or other work program, or in a
28-6 treatment program, unless the department finds that the inmate is
28-7 not capable of participating in such a program or [an] endeavor.
28-8 (b) Subsection (f), Section 498.003, Government Code, is
28-9 repealed.
28-10 (c) The change in law to Section 498.003, Government Code,
28-11 made by this section applies to an inmate serving a sentence in the
28-12 Texas Department of Criminal Justice on or after the effective date
28-13 of this Act, regardless of whether the inmate committed the offense
28-14 for which the inmate is serving the sentence before, on, or after
28-15 the effective date of this Act.
28-16 SECTION 1.38. (a) Subchapter A, Chapter 501, Government
28-17 Code, is amended by adding Section 501.0081 to read as follows:
28-18 Sec. 501.0081. DISPUTE RESOLUTION: TIME-SERVED CREDITS.
28-19 (a) The department shall develop a system that allows resolution
28-20 of a complaint by an inmate who alleges that time credited on the
28-21 inmate's sentence is in error and does not accurately reflect the
28-22 amount of time-served credit to which the inmate is entitled.
28-23 (b) Except as provided by Subsection (c), an inmate may not
28-24 in an application for a writ of habeas corpus under Article 11.07,
28-25 Code of Criminal Procedure, raise as a claim a time-served credit
28-26 error until:
29-1 (1) the inmate receives a written decision issued by
29-2 the highest authority provided for in the resolution system; or
29-3 (2) if the inmate has not received a written decision
29-4 described by Subdivision (1), the 180th day after the date on which
29-5 under the resolution system the inmate first alleges the
29-6 time-served credit error.
29-7 (c) Subsection (b) does not apply to an inmate who,
29-8 according to the department's computations, is within 180 days of
29-9 the inmate's presumptive parole date, date of release on mandatory
29-10 supervision, or date of discharge. An inmate described by this
29-11 subsection may raise a claim of time-served credit error by filing
29-12 a complaint under the system described by Subsection (a) or, if an
29-13 application for a writ of habeas corpus is not otherwise barred, by
29-14 raising the claim in that application.
29-15 (b) The change in law made by this section applies only to a
29-16 claim made on or after January 1, 2000, that alleges a time-served
29-17 credit error, as described by Section 501.0081, Government Code, as
29-18 added by this section. A claim made before January 1, 2000, that
29-19 alleges a time-served credit error is covered by the law in effect
29-20 when the claim is made, and the former law is continued in effect
29-21 for this purpose.
29-22 SECTION 1.39. Section 509.011, Government Code, is amended
29-23 by adding Subsections (g) and (h) to read as follows:
29-24 (g) If the Texas Department of Criminal Justice determines
29-25 that at the end of a biennium a department maintains in reserve an
29-26 amount greater than six months' basic supervision operating costs
30-1 for the department, the Texas Department of Criminal Justice in the
30-2 succeeding biennium may reduce the amount of per capita and formula
30-3 funding provided under Subsection (a) so that in the succeeding
30-4 biennium the department's reserves do not exceed six months' basic
30-5 supervision operating costs. The Texas Department of Criminal
30-6 Justice may adopt policies and standards permitting a department to
30-7 maintain reserves in an amount greater than otherwise permitted by
30-8 this subsection as necessary to cover emergency costs or implement
30-9 new programs with the approval of the Texas Department of Criminal
30-10 Justice. The Texas Department of Criminal Justice may distribute
30-11 unallocated per capita or formula funds to provide supplemental
30-12 funds to individual departments to further the purposes of this
30-13 chapter.
30-14 (h) A community supervision and corrections department at
30-15 any time may transfer to the Texas Department of Criminal Justice
30-16 any unencumbered state funds held by the department. The Texas
30-17 Department of Criminal Justice may distribute funds received from a
30-18 community supervision and corrections department under this
30-19 subsection to provide supplemental funds to individual departments
30-20 to further the purposes of this chapter.
30-21 SECTION 1.40. Chapter 509, Government Code, is amended by
30-22 adding Section 509.015 to read as follows:
30-23 Sec. 509.015. FEASIBILITY STUDY: COMMUNITY JUSTICE PLANS.
30-24 (a) The division shall conduct a study to determine whether the
30-25 documentation a community justice council is required to provide to
30-26 the division as a part of the submission of a community justice
31-1 plan is excessive or redundant and shall suggest a streamlined
31-2 process to reduce duplication of efforts on the part of the
31-3 council.
31-4 (b) The division, not later than January 1, 2001, shall
31-5 provide a copy of the study and the suggestions for a streamlined
31-6 process to the executive director, the board, and the legislature.
31-7 (c) This section expires January 15, 2001.
31-8 SECTION 1.41. Subdivision (8), Section 2251.001, Government
31-9 Code, is amended to read as follows:
31-10 (8) "Vendor" means a person who supplies goods or
31-11 services to a governmental entity. The term includes Texas
31-12 Correctional Industries.
31-13 SECTION 1.42. Subsection (a), Section 8, Article 42.09, Code
31-14 of Criminal Procedure, is amended to read as follows:
31-15 (a) A county that transfers a defendant to the Texas
31-16 Department of Criminal Justice under this article shall deliver to
31-17 an officer designated by the department:
31-18 (1) a copy of the judgment entered pursuant to Article
31-19 42.01 of this code, completed on a standardized felony judgment
31-20 form described by Section 4 of that article;
31-21 (2) a copy of any order revoking community supervision
31-22 and imposing sentence pursuant to Section 23, Article 42.12, of
31-23 this code, including:
31-24 (A) any amounts owed for restitution, fines, and
31-25 court costs, completed on a standardized felony judgment form
31-26 described by Section 4, Article 42.01, of this code; and
32-1 (B) a copy of the client supervision plan
32-2 prepared for the defendant by the community supervision and
32-3 corrections department supervising the defendant, if such a plan
32-4 was prepared;
32-5 (3) a written report that states the nature and the
32-6 seriousness of each offense and that states the citation to the
32-7 provision or provisions of the Penal Code or other law under which
32-8 the defendant was convicted;
32-9 (4) a copy of the victim impact statement, if one has
32-10 been prepared in the case under Article 56.03 of this code;
32-11 (5) a statement as to whether there was a change in
32-12 venue in the case and, if so, the names of the county prosecuting
32-13 the offense and the county in which the case was tried;
32-14 (6) a copy of the record of arrest for each offense;
32-15 (7) if requested, information regarding the criminal
32-16 history of the defendant, including the defendant's state
32-17 identification number if the number has been issued;
32-18 (8) a copy of the indictment or information for each
32-19 offense;
32-20 (9) a checklist sent by the department to the county
32-21 and completed by the county in a manner indicating that the
32-22 documents required by this subsection and Subsection (c) of this
32-23 section accompany the defendant; and
32-24 (10) if prepared, a copy of a presentence or
32-25 postsentence investigation report prepared under Section 9, Article
32-26 42.12 of this code.
33-1 SECTION 1.43. Subsection (k), Section 9, Article 42.12, Code
33-2 of Criminal Procedure, is amended to read as follows:
33-3 (k) If a presentence report in a felony case is not required
33-4 under this section, the judge may [shall] direct the officer to
33-5 prepare a postsentence report containing the same information that
33-6 would have been required for the presentence report, other than a
33-7 proposed client supervision plan and any information that is
33-8 reflected in the judgment. If the postsentence report is ordered,
33-9 the [The] officer shall send the [postsentence] report to the clerk
33-10 of the court not later than the 30th day after the date on which
33-11 sentence is pronounced or deferred adjudication is granted, and the
33-12 clerk shall deliver the postsentence report with the papers in the
33-13 case to a designated officer of the Texas Department of Criminal
33-14 Justice, as described [required] by Section 8(a), Article 42.09.
33-15 SECTION 1.44. Section 14, Article 42.12, Code of Criminal
33-16 Procedure, as amended by Chapter 321, Acts of the 74th Legislature,
33-17 Regular Session, 1995, is amended by amending Subsection (c) and
33-18 adding Subsection (e) to read as follows:
33-19 (c) If a judge requires as a condition of community
33-20 supervision that the defendant serve a term of confinement and
33-21 treatment in a substance abuse treatment facility under this
33-22 section, the judge shall also require as a condition of community
33-23 supervision that on release from the facility the defendant:
33-24 (1) participate in a drug or alcohol abuse continuum
33-25 of care treatment plan; and
33-26 (2) pay a fee in an amount established by the judge
34-1 for residential aftercare required as part of the treatment plan.
34-2 (e) The clerk of a court that collects a fee imposed under
34-3 Subsection (c)(2) shall remit the fee to the comptroller, and the
34-4 comptroller shall deposit the fee into the general revenue fund.
34-5 In requiring the payment of a fee under Subsection (c)(2), the
34-6 judge shall consider fines, fees, and other necessary expenses for
34-7 which the defendant is obligated in establishing the amount of the
34-8 fee. The judge may not:
34-9 (1) establish the fee in an amount that is greater
34-10 than 25 percent of the defendant's gross income while the defendant
34-11 is a participant in residential aftercare; or
34-12 (2) require the defendant to pay the fee at any time
34-13 other than a time at which the defendant is both employed and a
34-14 participant in residential aftercare.
34-15 SECTION 1.45. Section 501.024, Labor Code, is amended to
34-16 read as follows:
34-17 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following
34-18 persons are excluded from coverage as an employee under this
34-19 chapter:
34-20 (1) a person performing personal services for the
34-21 state as an independent contractor or volunteer;
34-22 (2) a member of the state military forces as defined
34-23 by Section 431.001, Government Code;
34-24 (3) a person who at the time of injury was performing
34-25 services for the federal government and who is covered by some form
34-26 of federal workers' compensation insurance;
35-1 (4) a prisoner or inmate of a prison or correctional
35-2 institution, other than a work program participant participating in
35-3 a Texas Correctional Industries contract described by Section
35-4 497.006, Government Code;
35-5 (5) a client or patient of a state agency;
35-6 (6) a person employed by the Texas Department of
35-7 Transportation who is covered under Chapter 505;
35-8 (7) a person employed by The University of Texas
35-9 System who is covered by Chapter 503; and
35-10 (8) a person employed by The Texas A&M University
35-11 System who is covered by Chapter 502.
35-12 SECTION 1.46. Subdivision (2), Section 171.651, Tax Code, is
35-13 amended to read as follows:
35-14 (2) "Work program participant" has the meaning
35-15 assigned by Section 497.001(b) ["Inmate" means an inmate in a
35-16 prison industries program operated by the prison industries office
35-17 of the department under Subchapter A, Chapter 497], Government
35-18 Code.
35-19 SECTION 1.47. Section 171.653, Tax Code, is amended to read
35-20 as follows:
35-21 Sec. 171.653. CREDIT FOR WAGES PAID TO WORK PROGRAM
35-22 PARTICIPANT [INMATE]. (a) The amount of the credit for wages paid
35-23 by a corporation to a work program participant [an inmate] is equal
35-24 to 10 percent of that portion of the wages paid that the department
35-25 apportions to the state [under Section 497.004(b)(3), Government
35-26 Code,] as reimbursement for the cost of the participant's
36-1 [inmate's] confinement.
36-2 (b) A corporation is eligible for the credit under this
36-3 section only if it receives before the due date of its franchise
36-4 tax report for the privilege period for which the credit is claimed
36-5 a written certification from the department stating the amount of
36-6 the wages that the corporation paid to a work program participant
36-7 [an inmate] during the privilege period and the amount of those
36-8 wages that the department apportioned to the state as reimbursement
36-9 for the cost of the participant's [inmate's] confinement.
36-10 (c) A corporation is eligible for the credit under this
36-11 section only if the work program participant [inmate] for whom it
36-12 is paid has been continuously employed for not less than six
36-13 months.
36-14 SECTION 1.48. Section 171.654, Tax Code, is amended to read
36-15 as follows:
36-16 Sec. 171.654. CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
36-17 PROGRAM PARTICIPANT [AN INMATE]. (a) The amount of the credit for
36-18 wages paid by a corporation to an employee who was employed by the
36-19 corporation when the employee was a work program participant [an
36-20 inmate] is equal to 10 percent of that portion of the wages paid
36-21 that, were the employee still a participant [an inmate], the
36-22 department would apportion to the state [under Section
36-23 497.004(b)(3), Government Code,] as reimbursement for the cost of
36-24 the participant's [inmate's] confinement.
36-25 (b) A corporation is eligible for the credit under this
36-26 section only if:
37-1 (1) the employee who was formerly a work program
37-2 participant [an inmate] was continuously employed for not less than
37-3 six months while a participant [an inmate] and has been
37-4 continuously employed by the corporation for at least one year
37-5 after the date that the employee was released from prison or
37-6 department supervision;
37-7 (2) the nature of the employment is substantially
37-8 similar to the employment the employee had with the corporation
37-9 when the employee was a work program participant [an inmate] or the
37-10 employment requires more skills or provides greater opportunities
37-11 for the employee;
37-12 (3) the corporation has provided the department a
37-13 statement of the amount of wages paid the employee during the
37-14 accounting period on which the credit is computed; and
37-15 (4) the corporation receives before the due date of
37-16 its franchise tax report for the privilege period for which the
37-17 credit is claimed a written certification from the department
37-18 stating the amount of the wages that, were the employee still a
37-19 work program participant [an inmate], the department would have
37-20 apportioned to the state as reimbursement for the cost of the
37-21 participant's [inmate's] confinement.
37-22 (c) A corporation may claim a credit under this section only
37-23 for:
37-24 (1) wages paid an employee after the employee has been
37-25 employed by the corporation for more than one year after the date
37-26 of the employee's release from prison or supervision; and
38-1 (2) wages paid the employee for not longer than one
38-2 year.
38-3 SECTION 1.49. The heading of Subchapter L, Chapter 171, Tax
38-4 Code, is amended to read as follows:
38-5 SUBCHAPTER L. TAX CREDIT FOR WAGES PAID TO
38-6 TEXAS DEPARTMENT OF CRIMINAL JUSTICE WORK PROGRAM
38-7 PARTICIPANTS [INMATES] OR FORMER PARTICIPANTS [INMATES]
38-8 SECTION 1.50. Section 497.090, Government Code, is repealed.
38-9 SECTION 1.51. Subsection (a), Section 19.005, Education
38-10 Code, is amended to read as follows:
38-11 (a) Any [Only a] person confined or imprisoned in the
38-12 department who is not a high school graduate is eligible for
38-13 programs or services under this chapter paid for with money from
38-14 the foundation school fund. To the extent space is available, the
38-15 district may also offer programs or services under this chapter
38-16 paid for with money from the foundation school fund to persons
38-17 confined or imprisoned in the department who are high school
38-18 graduates.
38-19 ARTICLE 2
38-20 SECTION 2.01. Section 497.052, Government Code, is amended
38-21 by adding Subsections (d) and (e) to read as follows:
38-22 (d) A person may not be a public member of the authority if
38-23 the person or the person's spouse:
38-24 (1) is employed by or participates in the management
38-25 of a business entity or other organization regulated by or
38-26 receiving money from the authority;
39-1 (2) owns or controls, directly or indirectly, more
39-2 than a 10 percent interest in a business entity or other
39-3 organization regulated by or receiving money from the authority; or
39-4 (3) uses or receives a substantial amount of tangible
39-5 goods, services, or money from the authority other than
39-6 compensation or reimbursement authorized by law for authority
39-7 membership, attendance, or expenses.
39-8 (e) Appointments to the authority shall be made without
39-9 regard to the race, color, disability, sex, religion, age, or
39-10 national origin of the appointees.
39-11 SECTION 2.02. Subchapter C, Chapter 497, Government Code, is
39-12 amended by adding Sections 497.0521 through 497.0527 to read as
39-13 follows:
39-14 Sec. 497.0521. CONFLICTS OF INTEREST. (a) In this section,
39-15 "Texas trade association" means a cooperative and voluntarily
39-16 joined association of business or professional competitors in this
39-17 state designed to assist its members and its industry or profession
39-18 in dealing with mutual business or professional problems and in
39-19 promoting their common interest.
39-20 (b) A person may not be a member of the authority and may
39-21 not be an authority employee employed in a "bona fide executive,
39-22 administrative, or professional capacity," as that phrase is used
39-23 for purposes of establishing an exemption to the overtime
39-24 provisions of the federal Fair Labor Standards Act of 1938 (29
39-25 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
39-26 (1) the person is an officer, employee, or paid
40-1 consultant of a Texas trade association in the field of private
40-2 sector prison industries; or
40-3 (2) the person's spouse is an officer, manager, or
40-4 paid consultant of a Texas trade association in the field of
40-5 private sector prison industries.
40-6 (c) A person may not be a member of the authority or act as
40-7 the general counsel to the authority if the person is required to
40-8 register as a lobbyist under Chapter 305 because of the person's
40-9 activities for compensation on behalf of a profession related to
40-10 the operation of the authority.
40-11 Sec. 497.0522. REMOVAL PROVISIONS. (a) It is a ground for
40-12 removal from the authority that a member:
40-13 (1) does not have at the time of taking office the
40-14 qualifications required by Section 497.052(a);
40-15 (2) does not maintain during service on the authority
40-16 the qualifications required by Section 497.052(a);
40-17 (3) is ineligible for membership under Section
40-18 497.052(d) or 497.0521(b) or (c);
40-19 (4) cannot, because of illness or disability,
40-20 discharge the member's duties for a substantial part of the
40-21 member's term; or
40-22 (5) is absent from more than half of the regularly
40-23 scheduled authority meetings that the member is eligible to attend
40-24 during a calendar year without an excuse approved by a majority
40-25 vote of the authority.
40-26 (b) The validity of an action of the authority is not
41-1 affected by the fact that it is taken when a ground for removal of
41-2 an authority member exists.
41-3 (c) If the executive director has knowledge that a potential
41-4 ground for removal exists, the executive director shall notify the
41-5 presiding officer of the authority of the potential ground. The
41-6 presiding officer shall then notify the governor and the attorney
41-7 general that a potential ground for removal exists. If the
41-8 potential ground for removal involves the presiding officer, the
41-9 executive director shall notify the next highest ranking officer of
41-10 the authority, who shall then notify the governor and the attorney
41-11 general that a potential ground for removal exists.
41-12 Sec. 497.0523. INFORMATION: REQUIREMENTS FOR OFFICE OR
41-13 EMPLOYMENT. The executive director or the executive director's
41-14 designee shall provide to members of the authority and to agency
41-15 employees, as often as necessary, information regarding the
41-16 requirements for office or employment under this subchapter,
41-17 including information regarding a person's responsibilities under
41-18 applicable laws relating to standards of conduct for state officers
41-19 or employees.
41-20 Sec. 497.0524. TRAINING PROGRAM. (a) A person who is
41-21 appointed to and qualifies for office as a member of the authority
41-22 may not vote, deliberate, or be counted as a member in attendance
41-23 at a meeting of the authority until the person completes a training
41-24 program that complies with this section.
41-25 (b) The training program must provide the person with
41-26 information regarding:
42-1 (1) the legislation that created the authority;
42-2 (2) the programs operated by the authority;
42-3 (3) the role and functions of the authority;
42-4 (4) the rules of the authority;
42-5 (5) the current budget for the authority;
42-6 (6) the results of the most recent formal audit of the
42-7 authority;
42-8 (7) the requirements of:
42-9 (A) the open meetings law, Chapter 551;
42-10 (B) the public information law, Chapter 552;
42-11 (C) the administrative procedure law, Chapter
42-12 2001; and
42-13 (D) other laws relating to public officials,
42-14 including conflict of interest laws; and
42-15 (8) any applicable ethics policies adopted by the
42-16 department or the Texas Ethics Commission.
42-17 (c) A person appointed to the authority is entitled to
42-18 reimbursement, as provided by the General Appropriations Act, for
42-19 the travel expenses incurred in attending the training program
42-20 regardless of whether the attendance at the program occurs before
42-21 or after the person qualifies for office.
42-22 Sec. 497.0525. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.
42-23 The authority shall develop and implement policies that clearly
42-24 separate the policymaking responsibilities of the authority and the
42-25 management responsibilities of the staff of the authority.
42-26 Sec. 497.0526. PUBLIC ACCESS. The authority shall develop
43-1 and implement policies that provide the public with a reasonable
43-2 opportunity to appear before the authority and to speak on any
43-3 issue under the jurisdiction of the authority.
43-4 Sec. 497.0527. COMPLAINTS. (a) The authority shall
43-5 maintain a file on each written complaint filed with the authority.
43-6 The file must include:
43-7 (1) the name of the person who filed the complaint;
43-8 (2) the date the complaint is received by the
43-9 authority;
43-10 (3) the subject matter of the complaint;
43-11 (4) the name of each person contacted in relation to
43-12 the complaint;
43-13 (5) a summary of the results of the review or
43-14 investigation of the complaint; and
43-15 (6) an explanation of the reason the file was closed,
43-16 if the authority closed the file without taking action other than
43-17 to investigate the complaint.
43-18 (b) The authority shall provide to the person filing the
43-19 complaint and to each person who is a subject of the complaint a
43-20 copy of the authority's policies and procedures relating to
43-21 complaint investigation and resolution.
43-22 (c) The authority, at least quarterly until final
43-23 disposition of the complaint, shall notify the person filing the
43-24 complaint and each person who is a subject of the complaint of the
43-25 status of the investigation unless the notice would jeopardize an
43-26 undercover investigation.
44-1 ARTICLE 3
44-2 SECTION 3.01. Section 614.002, Health and Safety Code, is
44-3 amended to read as follows:
44-4 Sec. 614.002. COMPOSITION OF COUNCIL. (a) The Texas
44-5 Council on Offenders with Mental Impairments is composed of 30 [29]
44-6 members.
44-7 (b) The governor shall appoint, with the advice and consent
44-8 of the senate:
44-9 (1) four at-large members who have expertise in mental
44-10 health, mental retardation, or developmental disabilities, one of
44-11 whom must be a psychiatrist;
44-12 (2) one at-large member who is the judge of a court
44-13 with criminal jurisdiction;
44-14 (3) one at-large member who is a prosecuting attorney;
44-15 (4) one at-large member who is a criminal defense
44-16 attorney;
44-17 (5) one at-large member from an established pretrial
44-18 services agency; and
44-19 (6) one at-large member who has expertise in the
44-20 criminal justice system.
44-21 (c) A person may not be an at-large member of the council if
44-22 the person or the person's spouse:
44-23 (1) is employed by or participates in the management
44-24 of a business entity or other organization regulated by or
44-25 receiving money from the council;
44-26 (2) owns or controls, directly or indirectly, more
45-1 than a 10 percent interest in a business entity or other
45-2 organization regulated by or receiving money from the council; or
45-3 (3) uses or receives a substantial amount of tangible
45-4 goods, services, or money from the council other than compensation
45-5 or reimbursement authorized by law for council membership,
45-6 attendance, or expenses.
45-7 (d) A person may not be a member of the council or act as
45-8 the general counsel to the council if the person is required to
45-9 register as a lobbyist under Chapter 305, Government Code, because
45-10 of the person's activities for compensation on behalf of a
45-11 profession related to the operation of the council.
45-12 (e) The executive head of each of the following agencies,
45-13 divisions of agencies, or associations, or that person's designated
45-14 representative, shall serve as a member of the council:
45-15 (1) the institutional division of the Texas Department
45-16 of Criminal Justice;
45-17 (2) the Texas Department of Mental Health and Mental
45-18 Retardation;
45-19 (3) the pardons and paroles division of the Texas
45-20 Department of Criminal Justice;
45-21 (4) the community justice assistance division of the
45-22 Texas Department of Criminal Justice;
45-23 (5) the state jail division of the Texas Department of
45-24 Criminal Justice;
45-25 (6) the Texas Juvenile Probation Commission;
45-26 (7) the Texas Youth Commission;
46-1 (8) the Texas Rehabilitation Commission;
46-2 (9) the Texas Education Agency;
46-3 (10) the Criminal Justice Policy Council;
46-4 (11) the Mental Health Association in Texas;
46-5 (12) the Texas Commission on Alcohol and Drug Abuse;
46-6 (13) the Commission on Law Enforcement Officer
46-7 Standards and Education;
46-8 (14) the Texas Council of Community Mental Health and
46-9 Mental Retardation Centers;
46-10 (15) the Commission on Jail Standards;
46-11 (16) the Texas Planning Council for Developmental
46-12 Disabilities;
46-13 (17) the Texas Association for Retarded Citizens;
46-14 (18) the Texas Alliance for the Mentally Ill;
46-15 (19) the Parent Association for the Retarded of Texas,
46-16 Inc.;
46-17 (20) the Texas Department of Human Services; and
46-18 (21) the Texas Department on Aging.
46-19 (f) [(d)] In making the appointments under Subsection (b),
46-20 the governor shall attempt to reflect the geographic and economic
46-21 diversity of the state. Appointments to the council shall be made
46-22 without regard to the race, color, disability, sex, religion, age,
46-23 or national origin of the appointees.
46-24 (g) It is a ground for removal from the council that an
46-25 at-large member:
46-26 (1) does not have at the time of taking office the
47-1 qualifications required by Subsections (b), (c), and (k);
47-2 (2) does not maintain during service on the council
47-3 the qualifications required by Subsections (b), (c), and (k);
47-4 (3) is ineligible for membership under Subsection (c)
47-5 or (d);
47-6 (4) cannot, because of illness or disability,
47-7 discharge the member's duties for a substantial part of the
47-8 member's term;
47-9 (5) is absent from more than half of the regularly
47-10 scheduled council meetings that the member is eligible to attend
47-11 during a calendar year without an excuse approved by a majority
47-12 vote of the council; or
47-13 (6) is absent from more than two consecutive regularly
47-14 scheduled council meetings that the member is eligible to attend.
47-15 (h) The validity of an action of the council is not affected
47-16 by the fact that it is taken when a ground for removal of a council
47-17 member exists.
47-18 (i) If the director of the council has knowledge that a
47-19 potential ground for removal exists, the director shall notify the
47-20 presiding officer of the council of the potential ground. The
47-21 presiding officer shall then notify the governor and the attorney
47-22 general that a potential ground for removal exists. If the
47-23 potential ground for removal involves the presiding officer, the
47-24 director shall notify the next highest ranking officer of the
47-25 council, who shall then notify the governor and the attorney
47-26 general that a potential ground for removal exists.
48-1 (j) [(e) It is a ground for removal if an at large member:]
48-2 [(1) is not eligible for appointment at the time of
48-3 appointment as provided by Subsections (b) and (g);]
48-4 [(2) is absent from more than half of the regularly
48-5 scheduled council meetings that the member is eligible to attend
48-6 during each calendar year; or]
48-7 [(3) is absent from more than two consecutive
48-8 regularly scheduled council meetings that the member is eligible to
48-9 attend.]
48-10 [(f)] A representative designated by the executive head of a
48-11 state agency must be an officer or employee of the agency when
48-12 designated and while serving on the council, except the
48-13 representative designated by the director of the Criminal Justice
48-14 Policy Council must be an employee of that council.
48-15 (k) [(g)] Members who are not associated with a state agency
48-16 or division must have expertise in the rehabilitation of persons
48-17 with mental illness, mental retardation, or a developmental
48-18 disability when appointed or designated and while serving on the
48-19 council.
48-20 SECTION 3.02. Chapter 614, Health and Safety Code, is
48-21 amended by adding Sections 614.003 and 614.0031 to read as follows:
48-22 Sec. 614.003. INFORMATION: REQUIREMENTS FOR OFFICE OR
48-23 EMPLOYMENT. The executive director of the Texas Department of
48-24 Criminal Justice or the executive director's designee shall
48-25 provide to members of the council and to agency employees, as often
48-26 as necessary, information regarding the requirements for office or
49-1 employment under this chapter, including information regarding a
49-2 person's responsibilities under applicable laws relating to
49-3 standards of conduct for state officers or employees.
49-4 Sec. 614.0031. TRAINING PROGRAM. (a) A person who is
49-5 appointed to and qualifies for office as a member of the council
49-6 may not vote, deliberate, or be counted as a member in attendance
49-7 at a meeting of the council until the person completes a training
49-8 program that complies with this section.
49-9 (b) The training program must provide the person with
49-10 information regarding:
49-11 (1) the legislation that created the council;
49-12 (2) the programs operated by the council;
49-13 (3) the role and functions of the council;
49-14 (4) the rules of the council;
49-15 (5) the current budget for the council;
49-16 (6) the results of the most recent formal audit of the
49-17 council;
49-18 (7) the requirements of:
49-19 (A) the open meetings law, Chapter 551,
49-20 Government Code;
49-21 (B) the public information law, Chapter 552,
49-22 Government Code;
49-23 (C) the administrative procedure law, Chapter
49-24 2001, Government Code; and
49-25 (D) other laws relating to public officials,
49-26 including conflict of interest laws; and
50-1 (8) any applicable ethics policies adopted by the
50-2 council or the Texas Ethics Commission.
50-3 (c) A person appointed to the council is entitled to
50-4 reimbursement, as provided by the General Appropriations Act, for
50-5 the travel expenses incurred in attending the training program
50-6 regardless of whether the attendance at the program occurs before
50-7 or after the person qualifies for office.
50-8 SECTION 3.03. Subsection (a), Section 614.005, Health and
50-9 Safety Code, is amended to read as follows:
50-10 (a) The governor shall designate a member of the council as
50-11 the presiding officer of the council to serve in that capacity at
50-12 the pleasure of the governor [council shall elect a presiding
50-13 officer from its members at the first meeting of each calendar
50-14 year].
50-15 SECTION 3.04. Section 614.007, Health and Safety Code, is
50-16 amended to read as follows:
50-17 Sec. 614.007. POWERS AND DUTIES. (a) The council shall:
50-18 (1) determine the status of offenders with mental
50-19 impairments in the state criminal justice system;
50-20 (2) identify needed services for offenders with mental
50-21 impairments;
50-22 (3) develop a plan for meeting the treatment,
50-23 rehabilitative, and educational needs of offenders with mental
50-24 impairments that includes a case management system and the
50-25 development of community-based alternatives to incarceration;
50-26 (4) cooperate in coordinating procedures of
51-1 represented agencies for the orderly provision of services for
51-2 offenders with mental impairments;
51-3 (5) evaluate programs in this state and outside this
51-4 state for offenders with mental impairments and recommend to the
51-5 directors of state programs methods of improving the programs;
51-6 (6) collect and disseminate information about
51-7 available programs to judicial officers, law enforcement officers,
51-8 probation and parole officers, providers of social services or
51-9 treatment, and the public;
51-10 (7) provide technical assistance to represented
51-11 agencies and organizations in the development of appropriate
51-12 training programs;
51-13 (8) apply for and receive money made available by the
51-14 federal or state government or by any other public or private
51-15 source to be used by the council to perform its duties;
51-16 (9) distribute to political subdivisions, private
51-17 organizations, or other persons money appropriated by the
51-18 legislature to be used for the development, operation, or
51-19 evaluation of programs for offenders with mental impairments;
51-20 (10) develop and implement pilot projects to
51-21 demonstrate a cooperative program to identify, evaluate, and manage
51-22 outside of incarceration offenders with mental impairments; and
51-23 (11) assess the need for demonstration projects and
51-24 provide management for approved projects.
51-25 (b) The council shall develop and implement policies that
51-26 clearly separate the policymaking responsibilities of the council
52-1 and the management responsibilities of the staff of the council.
52-2 SECTION 3.05. Chapter 614, Health and Safety Code, is
52-3 amended by adding Sections 614.010, 614.0101, and 614.0102 to read
52-4 as follows:
52-5 Sec. 614.010. PERSONNEL. (a) The executive director of the
52-6 Texas Department of Criminal Justice or the executive director's
52-7 designee shall prepare and maintain a written policy statement that
52-8 implements a program of equal employment opportunity to ensure that
52-9 all personnel decisions are made without regard to race, color,
52-10 disability, sex, religion, age, or national origin.
52-11 (b) The policy statement must include:
52-12 (1) personnel policies, including policies relating to
52-13 recruitment, evaluation, selection, training, and promotion of
52-14 personnel, that show the intent of the council to avoid the
52-15 unlawful employment practices described by Chapter 21, Labor Code;
52-16 and
52-17 (2) an analysis of the extent to which the composition
52-18 of the council's personnel is in accordance with state and federal
52-19 law and a description of reasonable methods to achieve compliance
52-20 with state and federal law.
52-21 (c) The policy statement must:
52-22 (1) be updated annually;
52-23 (2) be reviewed by the state Commission on Human
52-24 Rights for compliance with Subsection (b)(1); and
52-25 (3) be filed with the governor's office.
52-26 Sec. 614.0101. PUBLIC ACCESS. The council shall develop and
53-1 implement policies that provide the public with a reasonable
53-2 opportunity to appear before the council and to speak on any issue
53-3 under the jurisdiction of the council.
53-4 Sec. 614.0102. COMPLAINTS. (a) The council shall maintain
53-5 a file on each written complaint filed with the council. The file
53-6 must include:
53-7 (1) the name of the person who filed the complaint;
53-8 (2) the date the complaint is received by the council;
53-9 (3) the subject matter of the complaint;
53-10 (4) the name of each person contacted in relation to
53-11 the complaint;
53-12 (5) a summary of the results of the review or
53-13 investigation of the complaint; and
53-14 (6) an explanation of the reason the file was closed,
53-15 if the council closed the file without taking action other than to
53-16 investigate the complaint.
53-17 (b) The council shall provide to the person filing the
53-18 complaint and to each person who is a subject of the complaint a
53-19 copy of the council's policies and procedures relating to complaint
53-20 investigation and resolution.
53-21 (c) The council, at least quarterly until final disposition
53-22 of the complaint, shall notify the person filing the complaint and
53-23 each person who is a subject of the complaint of the status of the
53-24 investigation unless the notice would jeopardize an undercover
53-25 investigation.
53-26 SECTION 3.06. Section 614.017, Health and Safety Code, is
54-1 amended to read as follows:
54-2 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
54-3 [authorized by this chapter to provide continuity of care for a
54-4 special needs offender] may:
54-5 (1) receive information relating to a special needs
54-6 offender regardless of whether other state law makes that
54-7 information confidential, if the agency receives the information to
54-8 further the purposes of this chapter; or
54-9 (2) disclose information relating to a special needs
54-10 offender, including information about the offender's identity,
54-11 needs, treatment, social, criminal, and vocational history,
54-12 supervision status and compliance with conditions of supervision,
54-13 and medical and mental health history, if the agency discloses the
54-14 information to further the purposes of this chapter.
54-15 (b) This section is not intended to conflict with a federal
54-16 law that restricts the disclosure of information described by
54-17 Subsection (a).
54-18 (c) In this section:
54-19 (1) "Agency" includes any of the following entities [a
54-20 division within an agency], a person with an agency relationship
54-21 with one of the following entities [an agency], and a person who
54-22 contracts with one or more of the following entities:
54-23 (A) the institutional division of the Texas
54-24 Department of Criminal Justice;
54-25 (B) the pardons and paroles division of the
54-26 Texas Department of Criminal Justice;
55-1 (C) the community justice assistance division of
55-2 the Texas Department of Criminal Justice;
55-3 (D) the state jail division of the Texas
55-4 Department of Criminal Justice;
55-5 (E) the Texas Department of Mental Health and
55-6 Mental Retardation;
55-7 (F) the Texas Juvenile Probation Commission;
55-8 (G) the Texas Youth Commission;
55-9 (H) the Texas Rehabilitation Commission;
55-10 (I) the Texas Education Agency;
55-11 (J) the Criminal Justice Policy Council;
55-12 (K) the Texas Commission on Alcohol and Drug
55-13 Abuse;
55-14 (L) the Commission on Jail Standards;
55-15 (M) the Texas Department of Human Services;
55-16 (N) the Texas Department on Aging;
55-17 (O) the Texas School for the Blind and Visually
55-18 Impaired;
55-19 (P) the Texas Department of Health;
55-20 (Q) the Texas Commission for the Deaf and Hard
55-21 of Hearing;
55-22 (R) community supervision and corrections
55-23 departments;
55-24 (S) personal bond pretrial release offices
55-25 established under Article 17.42, Code of Criminal Procedure; and
55-26 (T) local jails regulated by the Commission on
56-1 Jail Standards [an agency].
56-2 (2) "Special needs offender" means an individual who
56-3 after conviction or adjudication is in custody or under any form of
56-4 criminal justice supervision [a convicted felon or an individual
56-5 who is placed on community supervision after a grant of deferred
56-6 adjudication under Section 5, Article 42.12, Code of Criminal
56-7 Procedure].
56-8 SECTION 3.07. Chapter 614, Health and Safety Code, is
56-9 amended by adding Section 614.018 to read as follows:
56-10 Sec. 614.018. USE OF COUNTY JAIL FACILITIES. (a) The
56-11 council shall conduct a study on strategies for reducing the use of
56-12 county jails to provide mental health treatment to persons with
56-13 mental illness.
56-14 (b) The study must include an examination of:
56-15 (1) arrest rates of persons with mental illness and
56-16 incarceration practices regarding those persons;
56-17 (2) the feasibility of establishing a regional mental
56-18 health detention facility as a pilot facility; and
56-19 (3) operational issues regarding the establishment of
56-20 a pilot facility, including funding strategies and the use of
56-21 existing facilities.
56-22 (c) The council shall file a copy of the study, a synopsis
56-23 of the results of the study, and the council's recommendations with
56-24 the legislature not later than February 1, 2001.
56-25 (d) This section expires March 1, 2001.
57-1 ARTICLE 4
57-2 SECTION 4.01. The Health and Safety Code is amended by
57-3 adding Title 11 to read as follows:
57-4 TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
57-5 CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
57-6 SUBCHAPTER A. GENERAL PROVISIONS
57-7 Sec. 841.001. LEGISLATIVE FINDINGS. The legislature finds
57-8 that a small but extremely dangerous group of sexually violent
57-9 predators exists and that those predators have a behavioral
57-10 abnormality that is not amenable to traditional mental illness
57-11 treatment modalities and that makes the predators likely to engage
57-12 in repeated predatory acts of sexual violence. The legislature
57-13 finds that the existing involuntary commitment provisions of
57-14 Subtitle C, Title 7, are inadequate to address the risk of repeated
57-15 predatory behavior that sexually violent predators pose to society.
57-16 The legislature further finds that treatment modalities for
57-17 sexually violent predators are different from the traditional
57-18 treatment modalities for persons appropriate for involuntary
57-19 commitment under Subtitle C, Title 7. Thus, the legislature finds
57-20 that a civil commitment procedure for the long-term supervision and
57-21 treatment of sexually violent predators is necessary and in the
57-22 interest of the state.
57-23 Sec. 841.002. DEFINITIONS. In this chapter:
57-24 (1) "Attorney representing the state" means an
57-25 attorney employed by the prison prosecution unit to initiate and
57-26 pursue a civil commitment proceeding under this chapter.
58-1 (2) "Behavioral abnormality" means a congenital or
58-2 acquired condition that, by affecting a person's emotional or
58-3 volitional capacity, predisposes the person to commit a sexually
58-4 violent offense, to the extent that the person becomes a menace to
58-5 the health and safety of another person.
58-6 (3) "Case manager" means a person employed by or under
58-7 contract with the council to perform duties related to outpatient
58-8 treatment and supervision of a person committed under this chapter.
58-9 (4) "Council" means the Interagency Council on Sex
58-10 Offender Treatment.
58-11 (5) "Predatory act" means an act that is committed for
58-12 the purpose of victimization and that is directed toward:
58-13 (A) a stranger;
58-14 (B) a person of casual acquaintance with whom no
58-15 substantial relationship exists; or
58-16 (C) a person with whom a relationship has been
58-17 established or promoted for the purpose of victimization.
58-18 (6) "Repeat sexually violent offender" has the meaning
58-19 assigned by Section 841.003.
58-20 (7) "Secure correctional facility" means a county jail
58-21 or a confinement facility operated by or under contract with any
58-22 division of the Texas Department of Criminal Justice.
58-23 (8) "Sexually violent offense" means:
58-24 (A) an offense under Section 21.11(a)(1),
58-25 22.011, or 22.021, Penal Code;
58-26 (B) an offense under Section 20.04(a)(4), Penal
59-1 Code, if the defendant committed the offense with the intent to
59-2 violate or abuse the victim sexually;
59-3 (C) an offense under Section 30.02, Penal Code,
59-4 if the offense is punishable under Subsection (d) of that section
59-5 and the defendant committed the offense with the intent to commit
59-6 an offense listed in Paragraph (A) or (B);
59-7 (D) an attempt, conspiracy, or solicitation, as
59-8 defined by Chapter 15, Penal Code, to commit an offense listed in
59-9 Paragraph (A), (B), or (C);
59-10 (E) an offense under prior state law that
59-11 contains elements substantially similar to the elements of an
59-12 offense listed in Paragraph (A), (B), (C), or (D); or
59-13 (F) an offense under the law of another state,
59-14 federal law, or the Uniform Code of Military Justice that contains
59-15 elements substantially similar to the elements of an offense listed
59-16 in Paragraph (A), (B), (C), or (D).
59-17 (9) "Sexually violent predator" has the meaning
59-18 assigned by Section 841.003.
59-19 (10) "Tracking service" means an electronic monitoring
59-20 service, global positioning satellite service, or other appropriate
59-21 technological service that is designed to track a person's
59-22 location.
59-23 Sec. 841.003. SEXUALLY VIOLENT PREDATOR. (a) A person is a
59-24 sexually violent predator for the purposes of this chapter if the
59-25 person:
59-26 (1) is a repeat sexually violent offender; and
60-1 (2) suffers from a behavioral abnormality that makes
60-2 the person likely to engage in a predatory act of sexual violence.
60-3 (b) A person is a repeat sexually violent offender for the
60-4 purposes of this chapter if the person is convicted of more than
60-5 one sexually violent offense and a sentence is imposed for at least
60-6 one of the offenses or if:
60-7 (1) the person:
60-8 (A) is convicted of a sexually violent offense,
60-9 regardless of whether the sentence for the offense was ever imposed
60-10 or whether the sentence was probated and the person was
60-11 subsequently discharged from community supervision;
60-12 (B) enters a plea of guilty or nolo contendere
60-13 for a sexually violent offense in return for a grant of deferred
60-14 adjudication;
60-15 (C) is adjudged not guilty by reason of insanity
60-16 of a sexually violent offense; or
60-17 (D) is adjudicated by a juvenile court as having
60-18 engaged in delinquent conduct constituting a sexually violent
60-19 offense and is committed to the Texas Youth Commission under
60-20 Section 54.04(d)(3) or (m), Family Code; and
60-21 (2) after the date on which under Subdivision (1) the
60-22 person is convicted, receives a grant of deferred adjudication, is
60-23 adjudged not guilty by reason of insanity, or is adjudicated by a
60-24 juvenile court as having engaged in delinquent conduct, the person
60-25 commits a sexually violent offense for which the person:
60-26 (A) is convicted, but only if the sentence for
61-1 the offense is imposed; or
61-2 (B) is adjudged not guilty by reason of
61-3 insanity.
61-4 Sec. 841.004. PRISON PROSECUTION UNIT. A special division
61-5 of the prison prosecution unit, separate from that part of the unit
61-6 responsible for prosecuting criminal cases, is responsible for
61-7 initiating and pursuing a civil commitment proceeding under this
61-8 chapter.
61-9 Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS. The
61-10 Office of State Counsel for Offenders shall represent a person
61-11 subject to a civil commitment proceeding under this chapter.
61-12 Sec. 841.006. APPLICATION OF CHAPTER. This chapter does
61-13 not:
61-14 (1) prohibit a person committed under this chapter
61-15 from filing at any time a petition for release under this chapter;
61-16 or
61-17 (2) create for the committed person a cause of action
61-18 against another person for failure to give notice within a period
61-19 required by Subchapter B.
61-20 Sec. 841.007. DUTIES OF INTERAGENCY COUNCIL ON SEX OFFENDER
61-21 TREATMENT. The Interagency Council on Sex Offender Treatment is
61-22 responsible for providing appropriate and necessary treatment and
61-23 supervision through the case management system.
61-24 (Sections 841.008-841.020 reserved for expansion
62-1 SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR;
62-2 INITIAL DETERMINATIONS
62-3 Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before the
62-4 person's anticipated release date, the Texas Department of Criminal
62-5 Justice shall give to the multidisciplinary team established under
62-6 Section 841.022 written notice of the anticipated release of a
62-7 person who:
62-8 (1) is serving a sentence for a sexually violent
62-9 offense; and
62-10 (2) may be a repeat sexually violent offender.
62-11 (b) Before the person's anticipated discharge date, the
62-12 Texas Department of Mental Health and Mental Retardation shall give
62-13 to the multidisciplinary team established under Section 841.022
62-14 written notice of the anticipated discharge of a person who:
62-15 (1) is committed to the department after having been
62-16 adjudged not guilty by reason of insanity of a sexually violent
62-17 offense; and
62-18 (2) may be a repeat sexually violent offender.
62-19 (c) The Texas Department of Criminal Justice or the Texas
62-20 Department of Mental Health and Mental Retardation, as appropriate,
62-21 shall give the notice described by Subsection (a) or (b) not later
62-22 than the first day of the 16th month before the person's
62-23 anticipated release or discharge date, but under exigent
62-24 circumstances may give the notice at any time before the
62-25 anticipated release or discharge date. The notice must contain the
62-26 following information:
63-1 (1) the person's name, identifying factors,
63-2 anticipated residence after release or discharge, and criminal
63-3 history;
63-4 (2) documentation of the person's institutional
63-5 adjustment and actual treatment; and
63-6 (3) an assessment of the likelihood that the person
63-7 will commit a sexually violent offense after release or discharge.
63-8 Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive
63-9 director of the Texas Department of Criminal Justice and the
63-10 commissioner of the Texas Department of Mental Health and Mental
63-11 Retardation jointly shall establish a multidisciplinary team to
63-12 review available records of a person referred to the team under
63-13 Section 841.021. The team must include:
63-14 (1) two persons from the Texas Department of Mental
63-15 Health and Mental Retardation;
63-16 (2) three persons from the Texas Department of
63-17 Criminal Justice, one of whom must be from the victim services
63-18 office of that department;
63-19 (3) one person from the Texas Department of Public
63-20 Safety; and
63-21 (4) one person from the council.
63-22 (b) The multidisciplinary team may request the assistance of
63-23 other persons in making a determination under this section.
63-24 (c) Not later than the 30th day after the date the
63-25 multidisciplinary team receives notice under Section 841.021(a) or
63-26 (b), the team shall:
64-1 (1) determine whether the person is a repeat sexually
64-2 violent offender and whether the person is likely to commit a
64-3 sexually violent offense after release or discharge;
64-4 (2) give notice of that determination to the Texas
64-5 Department of Criminal Justice or the Texas Department of Mental
64-6 Health and Mental Retardation, as appropriate; and
64-7 (3) recommend the assessment of the person for a
64-8 behavioral abnormality, as appropriate.
64-9 Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
64-10 (a) Not later than the 30th day after the date of a recommendation
64-11 under Section 841.022(c), the Texas Department of Criminal Justice
64-12 or the Texas Department of Mental Health and Mental Retardation, as
64-13 appropriate, shall determine whether the person suffers from a
64-14 behavioral abnormality that makes the person likely to engage in a
64-15 predatory act of sexual violence. To aid in the determination, the
64-16 department required to make the determination shall use an expert
64-17 to examine the person. That department may contract for the expert
64-18 services required by this subsection. The expert shall make a
64-19 clinical assessment based on testing for psychopathy, a clinical
64-20 interview, and other appropriate assessments and techniques to aid
64-21 in the determination.
64-22 (b) If the Texas Department of Criminal Justice or the Texas
64-23 Department of Mental Health and Mental Retardation determines that
64-24 the person suffers from a behavioral abnormality, the department
64-25 making the determination shall give notice of that determination
64-26 and provide corresponding documentation to the attorney
65-1 representing the state not later than the 30th day after the date
65-2 of a recommendation under Section 841.022(c).
65-3 (Sections 841.024-841.040 reserved for expansion
65-4 SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS
65-5 Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. (a) If a
65-6 person is referred to the attorney representing the state under
65-7 Section 841.023, the attorney may file, in a Montgomery County
65-8 district court other than a family district court, a petition
65-9 alleging that the person is a sexually violent predator and stating
65-10 facts sufficient to support the allegation.
65-11 (b) A petition described by Subsection (a) must be filed not
65-12 later than the 60th day after the date the person is referred to
65-13 the attorney representing the state.
65-14 (Sections 841.042-841.060 reserved for expansion
65-15 SUBCHAPTER D. TRIAL
65-16 Sec. 841.061. TRIAL. (a) Not later than the 60th day after
65-17 the date a petition is filed under Section 841.041, the judge shall
65-18 conduct a trial to determine whether the person is a sexually
65-19 violent predator.
65-20 (b) The person or the state is entitled to a jury trial on
65-21 demand. A demand for a jury trial must be filed in writing not
65-22 later than the 10th day before the date the trial is scheduled to
65-23 begin.
65-24 (c) The person and the state are entitled to an immediate
65-25 examination of the person by an expert.
65-26 (d) Additional rights of the person at the trial include the
66-1 following:
66-2 (1) the right to appear at the trial;
66-3 (2) the right to present evidence on the person's
66-4 behalf;
66-5 (3) the right to cross-examine a witness who testifies
66-6 against the person; and
66-7 (4) the right to view and copy all petitions and
66-8 reports in the court file.
66-9 (e) The attorney representing the state may rely on the
66-10 petition filed under Section 841.041 and supplement the petition
66-11 with documentary evidence or live testimony.
66-12 Sec. 841.062. DETERMINATION OF PREDATOR STATUS. (a) The
66-13 judge or jury shall determine whether, beyond a reasonable doubt,
66-14 the person is a sexually violent predator. Either the state or the
66-15 person is entitled to appeal the determination.
66-16 (b) A jury determination that the person is a sexually
66-17 violent predator must be by unanimous verdict.
66-18 Sec. 841.063. CONTINUANCE. The judge may continue a trial
66-19 conducted under Section 841.061 if the person is not substantially
66-20 prejudiced by the continuance and:
66-21 (1) on the request of either party and a showing of
66-22 good cause; or
66-23 (2) on the judge's own motion in the due
66-24 administration of justice.
66-25 Sec. 841.064. MISTRIAL. A trial following a mistrial must
66-26 begin not later than the 90th day after the date a mistrial was
67-1 declared in the previous trial, unless the later trial is continued
67-2 as provided by Section 841.063.
67-3 (Sections 841.065-841.080 reserved for expansion
67-4 SUBCHAPTER E. CIVIL COMMITMENT
67-5 Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. If at a trial
67-6 conducted under Subchapter D the judge or jury determines that the
67-7 person is a sexually violent predator, the judge shall commit the
67-8 person for outpatient treatment and supervision to be coordinated
67-9 by the case manager. The outpatient treatment and supervision must
67-10 begin on the person's release from a secure correctional facility
67-11 or discharge from a state hospital and must continue until the
67-12 person's behavioral abnormality has changed to the extent that the
67-13 person is no longer likely to engage in a predatory act of sexual
67-14 violence.
67-15 Sec. 841.082. COMMITMENT REQUIREMENTS. (a) Before entering
67-16 an order directing a person's outpatient civil commitment, the
67-17 judge shall impose on the person requirements necessary to ensure
67-18 the person's compliance with treatment and supervision and to
67-19 protect the community. The requirements shall include:
67-20 (1) requiring the person to reside in a particular
67-21 location;
67-22 (2) prohibiting the person's contact with a victim or
67-23 potential victim of the person;
67-24 (3) prohibiting the person's use of alcohol or a
67-25 controlled substance;
67-26 (4) requiring the person's participation in a specific
68-1 course of treatment;
68-2 (5) requiring the person to submit to tracking under a
68-3 particular type of tracking service and to any other appropriate
68-4 supervision;
68-5 (6) prohibiting the person from changing the person's
68-6 residence without prior authorization from the judge and from
68-7 leaving the state without that authorization;
68-8 (7) if determined appropriate by the judge,
68-9 establishing a child safety zone in the same manner as a child
68-10 safety zone is established by a judge under Section 13B, Article
68-11 42.12, Code of Criminal Procedure, and requiring the person to
68-12 comply with requirements related to the safety zone;
68-13 (8) requiring the person to notify the case manager
68-14 within 48 hours of any change in the person's status that affects
68-15 proper treatment and supervision, including a change in the
68-16 person's physical health or job status and including any
68-17 incarceration of the person; and
68-18 (9) any other requirements determined necessary by the
68-19 judge.
68-20 (b) The judge shall provide a copy of the requirements
68-21 imposed under Subsection (a) to the person and to the council. The
68-22 council shall provide a copy of those requirements to the case
68-23 manager and to the service providers.
68-24 (c) Immediately after the person's commitment, the judge
68-25 shall transfer jurisdiction of the case to a district court, other
68-26 than a family district court, having jurisdiction in the county in
69-1 which the defendant is residing.
69-2 Sec. 841.083. TREATMENT; SUPERVISION. (a) The council
69-3 shall approve and contract for the provision of a treatment plan
69-4 for the committed person to be developed by the treatment provider.
69-5 A treatment plan may include the monitoring of the person with a
69-6 polygraph or plethysmograph. The treatment provider may receive
69-7 annual compensation in an amount not to exceed $6,000 for providing
69-8 the required treatment.
69-9 (b) The case manager shall provide supervision to the
69-10 person. The provision of supervision shall include tracking
69-11 services and, if required by court order, supervised housing.
69-12 (c) The council shall enter into an interagency agreement
69-13 with the Texas Department of Public Safety for the provision of
69-14 tracking services. The Department of Public Safety shall contract
69-15 with the General Services Commission for the equipment necessary to
69-16 implement those services.
69-17 (d) The council shall contract for any necessary supervised
69-18 housing. The committed person may not be housed for any period of
69-19 time in a mental health facility, state school, or community
69-20 center. In this subsection:
69-21 (1) "Community center" means a center established
69-22 under Subchapter A, Chapter 534.
69-23 (2) "Mental health facility" has the meaning assigned
69-24 by Section 571.003.
69-25 (3) "State school" has the meaning assigned by Section
69-26 531.002.
70-1 (e) The case manager shall:
70-2 (1) coordinate the outpatient treatment and
70-3 supervision required by this chapter, including performing a
70-4 periodic assessment of the success of that treatment and
70-5 supervision;
70-6 (2) make timely recommendations to the judge on
70-7 whether to allow the committed person to change residence or to
70-8 leave the state and on any other appropriate matters; and
70-9 (3) provide a report to the council, semiannually or
70-10 more frequently as necessary, which must include:
70-11 (A) any known change in the person's status that
70-12 affects proper treatment and supervision; and
70-13 (B) any recommendations made to the judge.
70-14 Sec. 841.084. PROVIDER STATUS REPORTS. A treatment provider
70-15 or a supervision provider other than the case manager shall submit,
70-16 monthly or more frequently if required by the case manager, a
70-17 report to the case manager stating whether the person is complying
70-18 with treatment or supervision requirements, as applicable.
70-19 Sec. 841.085. CRIMINAL PENALTY. A person commits an offense
70-20 if the person violates a requirement imposed under Section 841.082.
70-21 An offense under this section is a felony of the third degree.
70-22 (Sections 841.086-841.100 reserved for expansion
70-23 SUBCHAPTER F. COMMITMENT REVIEW
70-24 Sec. 841.101. BIENNIAL EXAMINATION. (a) A person committed
70-25 under Section 841.081 shall receive a biennial examination. The
70-26 council shall contract for an expert to perform the examination.
71-1 (b) In preparation for a judicial review conducted under
71-2 Section 841.102, the case manager shall provide a report of the
71-3 biennial examination to the judge. The report must include
71-4 consideration of whether to modify a requirement imposed on the
71-5 person under this chapter and whether to release the person from
71-6 all requirements imposed on the person under this chapter. The
71-7 case manager shall provide a copy of the report to the council.
71-8 Sec. 841.102. BIENNIAL REVIEW. (a) The judge shall conduct
71-9 a biennial review of the status of the committed person.
71-10 (b) The person is entitled to be represented by counsel at
71-11 the biennial review, but the person is not entitled to be present
71-12 at that review.
71-13 (c) The judge shall set a hearing if the judge determines at
71-14 the biennial review that:
71-15 (1) a requirement imposed on the person under this
71-16 chapter should be modified; or
71-17 (2) probable cause exists to believe that the person's
71-18 behavioral abnormality has changed to the extent that the person is
71-19 no longer likely to engage in a predatory act of sexual violence.
71-20 Sec. 841.103. HEARING. (a) At a hearing set by the judge
71-21 under Section 841.102, the person and the state are entitled to an
71-22 immediate examination of the person by an expert.
71-23 (b) If the hearing is set under Section 841.102(c)(1),
71-24 hearsay evidence is admissible if it is considered otherwise
71-25 reliable by the judge.
71-26 (c) If the hearing is set under Section 841.102(c)(2), the
72-1 committed person is entitled to be present and to have the benefit
72-2 of all constitutional protections provided to the person at the
72-3 initial civil commitment proceeding. On the request of the person
72-4 or the attorney representing the state, the court shall conduct the
72-5 hearing before a jury. The burden of proof at that hearing is on
72-6 the state to prove beyond a reasonable doubt that the person's
72-7 behavioral abnormality has not changed to the extent that the
72-8 person is no longer likely to engage in a predatory act of sexual
72-9 violence.
72-10 (Sections 841.104-841.120 reserved for expansion
72-11 SUBCHAPTER G. PETITION FOR RELEASE
72-12 Sec. 841.121. AUTHORIZED PETITION FOR RELEASE. (a) If the
72-13 case manager determines that the committed person's behavioral
72-14 abnormality has changed to the extent that the person is no longer
72-15 likely to engage in a predatory act of sexual violence, the case
72-16 manager shall authorize the person to petition the court for
72-17 release.
72-18 (b) The petitioner shall serve a petition under this section
72-19 on the court and the attorney representing the state.
72-20 (c) The judge shall set a hearing on a petition under this
72-21 section not later than the 30th day after the date the judge
72-22 receives the petition. The petitioner and the state are entitled
72-23 to an immediate examination of the petitioner by an expert.
72-24 (d) On request of the petitioner or the attorney
72-25 representing the state, the court shall conduct the hearing before
72-26 a jury.
73-1 (e) The burden of proof at the hearing is on the state to
73-2 prove beyond a reasonable doubt that the petitioner's behavioral
73-3 abnormality has not changed to the extent that the petitioner is no
73-4 longer likely to engage in a predatory act of sexual violence.
73-5 Sec. 841.122. RIGHT TO FILE UNAUTHORIZED PETITION FOR
73-6 RELEASE. On a person's commitment and annually after that
73-7 commitment, the case manager shall provide the person with written
73-8 notice of the person's right to file with the court and without the
73-9 case manager's authorization a petition for release.
73-10 Sec. 841.123. REVIEW OF UNAUTHORIZED PETITION FOR RELEASE.
73-11 (a) If the committed person files a petition for release without
73-12 the case manager's authorization, the person shall serve the
73-13 petition on the court and the attorney representing the state.
73-14 (b) On receipt of a petition for release filed by the
73-15 committed person without the case manager's authorization, the
73-16 judge shall attempt as soon as practicable to review the petition.
73-17 (c) Except as provided by Subsection (d), the judge shall
73-18 deny without a hearing a petition for release filed without the
73-19 case manager's authorization if the petition is frivolous or if:
73-20 (1) the petitioner previously filed without the case
73-21 manager's authorization another petition for release; and
73-22 (2) the judge determined on review of the previous
73-23 petition or following a hearing that:
73-24 (A) the petition was frivolous; or
73-25 (B) the petitioner's behavioral abnormality had
73-26 not changed to the extent that the petitioner was no longer likely
74-1 to engage in a predatory act of sexual violence.
74-2 (d) The judge is not required to deny a petition under
74-3 Subsection (c) if probable cause exists to believe that the
74-4 petitioner's behavioral abnormality has changed to the extent that
74-5 the petitioner is no longer likely to engage in a predatory act of
74-6 sexual violence.
74-7 Sec. 841.124. HEARING ON UNAUTHORIZED PETITION FOR RELEASE.
74-8 (a) If as authorized by Section 841.123 the judge does not deny a
74-9 petition for release filed by the committed person without the case
74-10 manager's authorization, the judge shall conduct as soon as
74-11 practicable a hearing on the petition.
74-12 (b) The petitioner and the state are entitled to an
74-13 immediate examination of the person by an expert.
74-14 (c) On request of the petitioner or the attorney
74-15 representing the state, the court shall conduct the hearing before
74-16 a jury.
74-17 (d) The burden of proof at the hearing is on the state to
74-18 prove beyond a reasonable doubt that the petitioner's behavioral
74-19 abnormality has not changed to the extent that the petitioner is no
74-20 longer likely to engage in a predatory act of sexual violence.
74-21 (Sections 841.125-841.140 reserved for expansion
74-22 SUBCHAPTER H. MISCELLANEOUS PROVISIONS
74-23 Sec. 841.141. RULEMAKING AUTHORITY. (a) The council by
74-24 rule shall administer this chapter. Rules adopted by the council
74-25 under this section must be consistent with the purposes of this
74-26 chapter.
75-1 (b) The council by rule shall develop standards of care and
75-2 case management for persons committed under this chapter.
75-3 Sec. 841.142. RELEASE OR EXCHANGE OF INFORMATION. (a) To
75-4 protect the public and to enable a determination relating to
75-5 whether a person is a sexually violent predator, any entity that
75-6 possesses relevant information relating to the person shall release
75-7 the information to an entity charged with making a determination
75-8 under this chapter.
75-9 (b) To protect the public and to enable the provision of
75-10 supervision and treatment to a person who is a sexually violent
75-11 predator, any entity that possesses relevant information relating
75-12 to the person shall release the information to the case manager.
75-13 (c) On the written request of any attorney for another state
75-14 or a political subdivision in another state, the Texas Department
75-15 of Criminal Justice, the council, a service provider contracting
75-16 with one of those agencies, the multidisciplinary team, and the
75-17 attorney representing the state shall release to the attorney any
75-18 available information relating to a person that is sought in
75-19 connection with an attempt to civilly commit the person as a
75-20 sexually violent predator in another state.
75-21 (d) To protect the public and to enable a determination
75-22 relating to whether a person is a sexually violent predator or to
75-23 enable the provision of supervision and treatment to a person who
75-24 is a sexually violent predator, the Texas Department of Criminal
75-25 Justice, the council, a service provider contracting with one of
75-26 those agencies, the multidisciplinary team, and the attorney
76-1 representing the state may exchange any available information
76-2 relating to the person.
76-3 (e) Information subject to release or exchange under this
76-4 section includes information relating to the supervision,
76-5 treatment, criminal history, or physical or mental health of the
76-6 person, as appropriate, regardless of whether the information is
76-7 otherwise confidential and regardless of when the information was
76-8 created or collected. The person's consent is not required for
76-9 release or exchange of information under this section.
76-10 Sec. 841.143. REPORT, RECORD, OR STATEMENT SUBMITTED TO
76-11 COURT. (a) A psychological report, drug and alcohol report,
76-12 treatment record, diagnostic report, medical record, or victim
76-13 impact statement submitted to the court under this chapter is part
76-14 of the record of the court.
76-15 (b) Notwithstanding Subsection (a), the report, record, or
76-16 statement must be sealed and may be opened only:
76-17 (1) on order of the judge;
76-18 (2) as provided by this chapter; or
76-19 (3) in connection with a criminal proceeding as
76-20 otherwise provided by law.
76-21 Sec. 841.144. COUNSEL. (a) At all stages of the civil
76-22 commitment proceedings under this chapter, a person subject to a
76-23 proceeding is entitled to the assistance of counsel.
76-24 (b) If the person is indigent, the court shall appoint
76-25 counsel through the Office of State Counsel for Offenders to assist
76-26 the person.
77-1 Sec. 841.145. EXPERT. (a) A person who is examined under
77-2 this chapter may retain an expert to perform an examination or
77-3 participate in a civil commitment proceeding on the person's
77-4 behalf.
77-5 (b) On the request of an indigent person examined under this
77-6 chapter, the judge shall determine whether expert services for the
77-7 person are necessary. If the judge determines that the services
77-8 are necessary, the judge shall appoint an expert to perform an
77-9 examination or participate in a civil commitment proceeding on the
77-10 person's behalf.
77-11 (c) The court shall approve reasonable compensation for
77-12 expert services rendered on behalf of an indigent person on the
77-13 filing of a certified compensation claim supported by a written
77-14 statement specifying:
77-15 (1) time expended on behalf of the person;
77-16 (2) services rendered on behalf of the person;
77-17 (3) expenses incurred on behalf of the person; and
77-18 (4) compensation received in the same case or for the
77-19 same services from any other source.
77-20 (d) The court shall ensure that an expert retained or
77-21 appointed under this section has for purposes of examination
77-22 reasonable access to a person examined under this chapter, as well
77-23 as to all relevant medical and psychological records and reports.
77-24 Sec. 841.146. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
77-25 COSTS. (a) On request, a person subject to a civil commitment
77-26 proceeding under this chapter and the attorney representing the
78-1 state are entitled to a jury trial or a hearing before a jury for
78-2 that proceeding, except for a proceeding set by the judge under
78-3 Section 841.102(c)(1). The number and selection of jurors are
78-4 governed by Chapter 33, Code of Criminal Procedure.
78-5 (b) A civil commitment proceeding is subject to the rules of
78-6 procedure and appeal for civil cases.
78-7 (c) In an amount not to exceed $1,600, the state shall pay
78-8 the costs of a civil commitment proceeding conducted under
78-9 Subchapter D. For any civil commitment proceeding conducted under
78-10 this chapter, the state shall pay the costs of state or appointed
78-11 counsel or experts and the costs of the person's outpatient
78-12 treatment and supervision.
78-13 Sec. 841.147. IMMUNITY. The following persons are immune
78-14 from liability for good faith conduct under this chapter:
78-15 (1) an employee or officer of the Texas Department of
78-16 Criminal Justice, the Texas Department of Mental Health and Mental
78-17 Retardation, or the council;
78-18 (2) a member of the multidisciplinary team established
78-19 under Section 841.022;
78-20 (3) the attorney representing the state; and
78-21 (4) a person contracting, appointed, or volunteering
78-22 to perform a service under this chapter.
78-23 SECTION 4.02. Subsections (a) and (b), Section 51.13, Family
78-24 Code, are amended to read as follows:
78-25 (a) Except as provided by Subsection (d), an order of
78-26 adjudication or disposition in a proceeding under this title is not
79-1 a conviction of crime. Except as provided by Chapter 841, Health
79-2 and Safety Code, an order of adjudication or disposition[, and]
79-3 does not impose any civil disability ordinarily resulting from a
79-4 conviction or operate to disqualify the child in any civil service
79-5 application or appointment.
79-6 (b) The adjudication or disposition of a child or evidence
79-7 adduced in a hearing under this title may be used only in
79-8 subsequent:
79-9 (1) proceedings under this title in which the child is
79-10 a party;
79-11 (2) [or in subsequent] sentencing proceedings in
79-12 criminal court against the child to the extent permitted by the
79-13 Texas Code of Criminal Procedure, 1965; or
79-14 (3) civil commitment proceedings under Chapter 841,
79-15 Health and Safety Code.
79-16 SECTION 4.03. Section 61.066, Human Resources Code, is
79-17 amended to read as follows:
79-18 Sec. 61.066. COMMITMENT RECORDS. A commitment to the
79-19 commission may not be received in evidence or used in any way in
79-20 any proceedings in any court except in:
79-21 (1) subsequent proceedings under Title 3[,] of the
79-22 Family Code against the same child;
79-23 (2) [, and except in] imposing sentence in any
79-24 criminal proceedings against the same person; or
79-25 (3) subsequent civil commitment proceedings under
79-26 Chapter 841, Health and Safety Code, regarding the same person.
80-1 SECTION 4.04. Title 11, Health and Safety Code, as added by
80-2 this Act, applies only to an individual who on or after January 1,
80-3 2000, is serving a sentence in the Texas Department of Criminal
80-4 Justice or is committed to the Texas Department of Mental Health
80-5 and Mental Retardation for an offense committed before, on, or
80-6 after the effective date of this Act.
80-7 ARTICLE 5
80-8 SECTION 5.01. This Act takes effect September 1, 1999.
80-9 SECTION 5.02. The importance of this legislation and the
80-10 crowded condition of the calendars in both houses create an
80-11 emergency and an imperative public necessity that the
80-12 constitutional rule requiring bills to be read on three several
80-13 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 365
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 365 passed the Senate on
April 19, 1999, by a viva-voce vote; May 20, 1999, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 24, 1999, House granted request of the
Senate; May 30, 1999, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 365 passed the House, with
amendments, on May 19, 1999, by a non-record vote; May 24, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 30, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor