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