By Brown                                               S.B. No. 365
         76R7171 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and the functions of the Texas
 1-3     Department of Criminal Justice, the administration of the Private
 1-4     Sector Prison Industries Oversight Authority, and the
 1-5     administration of the Texas Council on Offenders with Mental
 1-6     Impairments.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8                                  ARTICLE 1
 1-9           SECTION 1.01.  Section 492.003, Government Code, is amended
1-10     to read as follows:
1-11           Sec. 492.003.  ELIGIBILITY FOR MEMBERSHIP; REMOVAL.  (a)
1-12     Each member of the board must be representative of the general
1-13     public.  A person is not eligible for appointment as member if the
1-14     person or the person's spouse:
1-15                 (1)  is a person, other than a judge participating in
1-16     the management of a community supervision and corrections
1-17     department, who is employed by or participates in the management of
1-18     a business entity or other organization regulated by the department
1-19     or receiving funds from the department;
1-20                 (2)  owns, or controls directly or indirectly, more
1-21     than a 10 percent interest in a business entity or other
1-22     organization regulated by the department or receiving funds from
1-23     the department; or
1-24                 (3)  uses or receives a substantial amount of tangible
 2-1     goods, services, or funds from the department, other than
 2-2     compensation or reimbursement authorized by law for board
 2-3     membership, attendance, or expenses.
 2-4           (b)  In [An employee or paid officer or consultant of a trade
 2-5     association in the field of criminal justice may not be a member or
 2-6     employee of the board.  A person who is the spouse of any employee
 2-7     or paid consultant of a trade association in the field of criminal
 2-8     justice may not be a member of the board and may not be an
 2-9     employee, including an employee exempt from the state's
2-10     classification plan, who is compensated at or above the amount
2-11     prescribed by the General Appropriations Act for step 1, salary
2-12     group 17, of the position classification salary schedule.  For the
2-13     purposes of] this section, "Texas trade association" means a [trade
2-14     association is a nonprofit,] cooperative[,] and voluntarily joined
2-15     association of business or professional competitors in this state
2-16     designed to assist its members and its industry or profession in
2-17     dealing with mutual business or professional problems and in
2-18     promoting their common interests.
2-19           (c)  A person may not be a member of the board and may not be
2-20     a department employee employed in a "bona fide executive,
2-21     administrative, or professional capacity," as that phrase is used
2-22     for purposes of establishing an exemption to the overtime
2-23     provisions of the federal Fair Labor Standards Act of 1938 (29
2-24     U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-25                 (1)  the person is an officer, employee, or paid
2-26     consultant of a Texas trade association in the field of criminal
2-27     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
3-27     scheduled board meetings that the member is eligible to attend
 4-1     during each calendar year or is absent from more than two
 4-2     consecutive regularly scheduled board meetings that the member is
 4-3     eligible to attend, except when the absence is excused by majority
 4-4     vote of the board.
 4-5           (g) [(f)]  The validity of an action of the board is not
 4-6     affected by the fact that it was taken when a ground for removal of
 4-7     a member of the board existed.
 4-8           (h) [(g)]  If the executive director has knowledge that a
 4-9     potential ground for removal exists, the director shall notify the
4-10     chairman of the board of the ground.  The chairman shall then
4-11     notify the governor and the attorney general that a potential
4-12     ground for removal exists.  If the potential ground for removal
4-13     involves the chairman, the executive director shall notify the next
4-14     highest ranking officer of the board, who shall then notify the
4-15     governor and the attorney general that a potential ground for
4-16     removal exists.
4-17           SECTION 1.02.  Chapter 492, Government Code, is amended by
4-18     adding Section 492.0031 to read as follows:
4-19           Sec. 492.0031.  TRAINING PROGRAM FOR MEMBERS.  (a)  A person
4-20     who is appointed to and qualifies for office as a member of the
4-21     board may not vote, deliberate, or be counted as a member in
4-22     attendance at a meeting of the board until the person completes a
4-23     training program that complies with this section.
4-24           (b)  The training program must provide the person with
4-25     information regarding:
4-26                 (1)  the legislation that created the department and
4-27     the board;
 5-1                 (2)  the programs operated by the department;
 5-2                 (3)  the role and functions of the department;
 5-3                 (4)  the rules of the department, with an emphasis on
 5-4     the rules that relate to disciplinary and investigatory authority;
 5-5                 (5)  the current budget for the department;
 5-6                 (6)  the results of the most recent formal audit of the
 5-7     department;
 5-8                 (7)  the requirements of:
 5-9                       (A)  the open meetings law, Chapter 551;
5-10                       (B)  the public information law, Chapter 552;
5-11                       (C)  the administrative procedure law, Chapter
5-12     2001; and
5-13                       (D)  other laws relating to public officials,
5-14     including conflict of interest laws; and
5-15                 (8)  any applicable ethics policies adopted by the
5-16     department or the Texas Ethics Commission.
5-17           (c)  A person appointed to the board is entitled to
5-18     reimbursement, as provided by the General Appropriations Act, for
5-19     the travel expenses incurred in attending the training program
5-20     regardless of whether the attendance at the program occurs before
5-21     or after the person qualifies for office.
5-22           SECTION 1.03.  Section 492.004, Government Code, is amended
5-23     to read as follows:
5-24           Sec. 492.004.  NOTICE OF QUALIFICATIONS, RESPONSIBILITIES.
5-25     The executive director or the executive director's designee shall
5-26     provide to members of the board and to agency employees, [board
5-27     shall inform its members] as often as necessary, information
 6-1     regarding requirements for office or employment under this
 6-2     subtitle, including information regarding a person's [of:]
 6-3                 [(1)  the qualifications for office prescribed by this
 6-4     chapter; and]
 6-5                 [(2)  their] responsibilities under applicable law
 6-6     relating to standards of conduct for state officers or employees.
 6-7           SECTION 1.04.  Section 492.006, Government Code, is amended
 6-8     to read as follows:
 6-9           Sec. 492.006.  BOARD MEETINGS.  (a)  The board shall meet at
6-10     least once in each quarter of the calendar year at a site
6-11     determined by the chairman.  [The chairman shall provide the
6-12     chairman of the Legislative Criminal Justice Board with notice of
6-13     the board's regularly scheduled meetings and facilitate the
6-14     attendance of the Legislative Criminal Justice Board at the
6-15     regularly scheduled meetings.]
6-16           (b)  The board may meet at other times at the call of the
6-17     chairman or as provided by the rules of the board.
6-18           (c)  At each regularly scheduled meeting of the board, the
6-19     board shall allow the presiding officer of the Board of Pardons and
6-20     Paroles or a designee of the presiding officer to present to the
6-21     board any item relating to the operation of the parole system
6-22     determined by the presiding officer to require the board's
6-23     consideration.
6-24           SECTION 1.05.  Section 492.012, Government Code, is amended
6-25     to read as follows:
6-26           Sec. 492.012.  SUNSET PROVISION.  The Texas Board of Criminal
6-27     Justice and the Texas Department of Criminal Justice are subject to
 7-1     Chapter 325 (Texas Sunset Act).  Unless continued in existence as
 7-2     provided by that chapter, the board and the department are
 7-3     abolished September 1, 2011 [1999].
 7-4           SECTION 1.06.  Section 492.013, Government Code, is amended
 7-5     to read as follows:
 7-6           Sec. 492.013.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The
 7-7     board may adopt rules as necessary for its own procedures and for
 7-8     operation of the department.
 7-9           (b)  The board shall employ an executive director.  The board
7-10     shall supervise the executive director's administration of the
7-11     department.
7-12           (c)  The board shall approve the operating budget of the
7-13     department and the department's request for appropriations.
7-14           (d)  The board shall appoint the members of any advisory
7-15     committees to the department.
7-16           (e)  [The board shall provide to the employees of the
7-17     department, as often as is necessary, information regarding their
7-18     qualifications for employment and their responsibilities under
7-19     applicable laws relating to standards of conduct for state
7-20     employees.]
7-21           [(f)]  The board shall develop and implement policies that
7-22     clearly separate the policymaking [define the respective]
7-23     responsibilities of the board and the management responsibilities
7-24     of the executive director and the staff of the department.
7-25           (f) [(g)]  The board may apply for and accept gifts or grants
7-26     from any public or private source for use in maintaining and
7-27     improving correctional programs and services.
 8-1           SECTION 1.07.  Chapter 492, Government Code, is amended by
 8-2     adding Section 492.0131 to read as follows:
 8-3           Sec. 492.0131.  PAROLE RULES, POLICIES, PROCEDURES.  The
 8-4     board and the Board of Pardons and Paroles Policy Board shall
 8-5     jointly review all rules, policies, and procedures of the
 8-6     department and the Board of Pardons and Paroles that relate to or
 8-7     affect the operation of the parole process.  The board and the
 8-8     policy board shall identify areas of inconsistency between the
 8-9     department and the Board of Pardons and Paroles and shall amend
8-10     rules or change policies and procedures as necessary for consistent
8-11     operation of the parole process.
8-12           SECTION 1.08.  Chapter 493, Government Code, is amended by
8-13     adding Section 493.0021 to read as follows:
8-14           Sec. 493.0021.  ORGANIZATIONAL FLEXIBILITY.  (a)
8-15     Notwithstanding Sections 493.002, 493.003, 493.004, 493.005,
8-16     493.0051, 493.0052, as added by Chapter 1360, Acts of the 75th
8-17     Legislature, Regular Session, 1997, and 493.0052, as added by
8-18     Chapter 490, Acts of the  75th Legislature, Regular Session, 1997,
8-19     the executive director, with the approval of the board, may:
8-20                 (1)  create divisions in addition to those listed in
8-21     Section 493.002 and assign to the newly created divisions any
8-22     duties and powers imposed on or granted to an existing division or
8-23     to the department generally;
8-24                 (2)  eliminate any division listed in Section 493.002
8-25     or created under this section and assign any duties or powers
8-26     previously assigned to the eliminated division to another division
8-27     listed in Section 493.002 or created under this section; or
 9-1                 (3)  eliminate all divisions listed in Section 493.002
 9-2     or created under this section and reorganize the distribution of
 9-3     powers and duties granted to or imposed on a division in any manner
 9-4     the executive director determines is best for the proper
 9-5     administration of the department.
 9-6           (b)  The executive director may not take an action under this
 9-7     section with potential impact on the administration of community
 9-8     corrections programs by community supervision and corrections
 9-9     departments without requesting and considering comments from the
9-10     judicial advisory council to the community justice assistance
9-11     division of the Texas Department of Criminal Justice and the Texas
9-12     Board of Criminal Justice as to the effect of the proposed action.
9-13           SECTION 1.09.  Section 493.007, Government Code, is amended
9-14     to read as follows:
9-15           Sec. 493.007.  PERSONNEL.        (a)  [Each division director
9-16     shall hire the employees for the director's division.]
9-17           [(b)]  The executive director shall develop an intraagency
9-18     career ladder program.  The program shall require intraagency
9-19     postings of all nonentry level positions concurrently with any
9-20     public postings.
9-21           (b) [(c)]  The executive director shall develop a system of
9-22     annual performance evaluations.  All merit pay for department
9-23     employees must be based on the system established under this
9-24     subsection.
9-25           (c) [(d)]  The executive director or the executive director's
9-26     designee shall prepare and maintain a written policy statement that
9-27     implements [to assure implementation of] a program of equal
 10-1    employment opportunity to ensure that [under which] all personnel
 10-2    decisions [transactions] are made without regard to race, color,
 10-3    disability [handicap], sex, religion, age, or national origin.  The
 10-4    policy statement must include:
 10-5                (1)  personnel policies, including policies related to
 10-6    recruitment, evaluation, selection, [appointment,] training, and
 10-7    promotion of personnel that show the intent of the department to
 10-8    avoid the unlawful employment practices described by Chapter 21,
 10-9    Labor Code; and
10-10                (2)  an [a comprehensive] analysis of the extent to
10-11    which the composition of the department's personnel is in
10-12    accordance with state and federal law and [department work force
10-13    that meets federal and state guidelines;]
10-14                [(3)  procedures by which a determination can be made
10-15    of significant underutilization in the department work force of all
10-16    persons for whom federal or state guidelines encourage a more
10-17    equitable balance; and]
10-18                [(4)]  reasonable methods to achieve compliance with
10-19    state and federal law [appropriately address those areas of
10-20    significant underutilization].
10-21          (d) [(e)]  A policy statement [prepared under Subsection (d)]
10-22    must:
10-23                (1)  [cover an annual period,] be updated at least
10-24    annually;
10-25                (2)  be reviewed by the state Commission on Human
10-26    Rights for compliance with Subsection (c)(1);[,] and
10-27                (3)  be filed with the governor's office.
 11-1          [(f)  The governor's office shall deliver a biennial report
 11-2    to the legislature based on the information received under
 11-3    Subsection (e).  The report may be made separately or as a part of
 11-4    other biennial reports made to the legislature.]
 11-5          SECTION 1.10.  Section 493.016, Government Code, is amended
 11-6    to read as follows:
 11-7          Sec. 493.016.  INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
 11-8    (a)  The department shall prepare information of public interest
 11-9    describing the functions of the department and the procedures by
11-10    which complaints are filed with and resolved by the department.
11-11    The department shall make the information available to the general
11-12    public and appropriate state agencies.
11-13          (b)  The department shall establish methods by which
11-14    interested persons are notified of the name, mailing address, and
11-15    telephone number of the department for the purpose of directing
11-16    complaints to the department.
11-17          (c)  The department shall keep an information file on [about]
11-18    each written complaint filed with the department by a member of the
11-19    general public that relates to the operations of the department.
11-20    The file must include:
11-21                (1)  the name of the person who filed the complaint;
11-22                (2)  the date the complaint is received by the
11-23    department;
11-24                (3)  the subject matter of the complaint;
11-25                (4)  the name of each person contacted in relation to
11-26    the complaint;
11-27                (5)  a summary of the results of the review or
 12-1    investigation of the complaint; and
 12-2                (6)  an explanation of the reason the file was closed,
 12-3    if the agency closed the file without taking action other than to
 12-4    investigate the complaint.
 12-5          (d)  The department shall provide to the person filing the
 12-6    complaint and to each person who is a subject of the complaint a
 12-7    copy of the department's policies and procedures relating to
 12-8    complaint investigation and resolution.
 12-9          (e)  The [If a written complaint is filed with the department
12-10    by a member of the general public that relates to the operations of
12-11    the department, the] department, at least [as frequently as]
12-12    quarterly [and] until final disposition of the complaint, shall
12-13    notify the person filing the complaint and each person who is a
12-14    subject of the complaint [complainant] of the status of the
12-15    investigation [complaint] unless the notice would jeopardize an
12-16    undercover investigation.
12-17          SECTION 1.11.  Section 497.001(b)(2), Government Code, is
12-18    amended to read as follows:
12-19                (2)  "Articles and products" includes services provided
12-20    through the use of work program participant [inmate] labor.
12-21          SECTION 1.12.  Section 497.001(b), Government Code, is
12-22    amended by adding Subdivision (3) to read as follows:
12-23                (3)  "Work program participant" means a person who:
12-24                      (A)  is an inmate confined in a facility operated
12-25    by or under contract with the department or a defendant or releasee
12-26    housed in a facility operated by or under contract with the
12-27    department; and
 13-1                      (B)  works at a job assigned by the office.
 13-2          SECTION 1.13.  Section 497.002(a), Government Code, is
 13-3    amended to read as follows:
 13-4          (a)  The purposes of the office are to implement this
 13-5    subchapter and Subchapter B to:
 13-6                (1)  provide work program participants with marketable
 13-7    job skills to help reduce recidivism through a coordinated program
 13-8    of job skills training, documentation of work history, and access
 13-9    to resources provided by Project RIO and the Texas Workforce
13-10    Commission; and [adequate, regular, and suitable employment for the
13-11    vocational training and rehabilitation of inmates, consistent with
13-12    proper correctional purposes;]
13-13                (2)  reduce department costs by providing products and
13-14    articles for the department and providing [use the labor of inmates
13-15    for self-maintenance;]
13-16                [(3)  reimburse the state for expenses caused by the
13-17    crimes of inmates and the cost of their imprisonment;]
13-18                [(4)  provide for the requisition and disbursement of
13-19    department articles and products through established state
13-20    authorities to eliminate the possibility of unlawful private profit
13-21    from the distribution of those articles and products;]
13-22                [(5)  provide materials,] products[,] or articles for
13-23    sale on a for-profit basis to the public[, to private enterprises,]
13-24    or to agencies of the state or political subdivisions of the
13-25    state[; and]
13-26                [(6)  develop and expand public and private prison
13-27    industry operations].
 14-1          SECTION 1.14.  Section 497.003(c), Government Code, is
 14-2    amended to read as follows:
 14-3          (c)  The prison industries advisory committee shall advise
 14-4    the board on all aspects of prison industry operations[,] and shall
 14-5    make recommendations to the board on the effective use of prison
 14-6    industries programs to assist work program participants [inmates]
 14-7    in the development of job skills necessary for successful
 14-8    reintegration into the community after release from imprisonment.
 14-9          SECTION 1.15.  Section 497.004, Government Code, is amended
14-10    to read as follows:
14-11          Sec. 497.004.  [INMATE] LABOR, PAY.  (a)  [The department
14-12    shall use inmate labor in prison industries to the greatest extent
14-13    feasible and shall develop and expand prison industries by pursuing
14-14    arrangements with business for the use of inmate labor.]
14-15          [(b)]  The board may develop by rule and the department may
14-16    administer an incentive pay scale for work program participants
14-17    [inmates who participate in prison industries].  Prison industries
14-18    may be financed through contributions donated for this purpose by
14-19    private businesses contracting with the department.  The department
14-20    shall apportion pay earned by a work program participant [an
14-21    inmate] in the same manner as is required by Section 497.0581
14-22    [497.051].
14-23          (b) [(c)]  In assigning work program participants [inmates]
14-24    to available job training positions in [prison] factories, the
14-25    department shall consider each participant's classification and
14-26    availability for work.  The department shall give priority to work
14-27    program participants closest to release from imprisonment or
 15-1    supervision in making assignment to those job training positions
 15-2    that provide the most marketable skills [inmate's needs and
 15-3    projected release date].
 15-4          SECTION 1.16.  Section 497.005, Government Code, is amended
 15-5    to read as follows:
 15-6          Sec. 497.005.  INDUSTRIAL RECEIPTS [REVOLVING ACCOUNT].  [(a)
 15-7    The legislature may appropriate money to an industrial revolving
 15-8    account in the general revenue fund.]
 15-9          [(b)  The office shall administer the industrial revolving
15-10    account.]
15-11          [(c)]  The office may use money appropriated to the office in
15-12    amounts corresponding to receipts from the sale of articles and
15-13    products under this subchapter and Subchapter B [in the industrial
15-14    revolving account] to purchase real property, erect buildings,
15-15    improve facilities, buy equipment and tools, install or replace
15-16    equipment, buy industrial raw materials and supplies, and pay for
15-17    other necessary expenses for the administration of this subchapter
15-18    and Subchapter B.
15-19          [(d)  The office shall remit money received from the sale of
15-20    articles and products produced under this subchapter and Subchapter
15-21    B to the comptroller to be deposited in the industrial revolving
15-22    account.]
15-23          [(e)  When the governor and the Legislative Budget Board
15-24    determine that the industrial revolving account contains money in
15-25    an amount that exceeds the amount necessary for the administration
15-26    of this subchapter and Subchapter B, the governor and the
15-27    Legislative Budget Board shall certify that fact to the
 16-1    comptroller, who shall transfer the excess amount to the
 16-2    unobligated portion of the general revenue fund.]
 16-3          [(f)  Section 403.095, Government Code, does not apply to the
 16-4    industrial revolving account.]
 16-5          SECTION 1.17.  Section 497.006, Government Code, is amended
 16-6    to read as follows:
 16-7          Sec. 497.006.  CONTRACTS WITH PRIVATE BUSINESS.  To encourage
 16-8    the development and expansion of prison industries, the prison
 16-9    industries office may enter into necessary contracts related to the
16-10    prison industries program.  With the approval of the board, the
16-11    office may enter into a contract with a private business to conduct
16-12    a program on or off property operated by the department.  A
16-13    contract entered into under this section must comply with the
16-14    Private Sector/Prison Industry Enhancement Certification Program
16-15    operated by the Bureau of Justice Assistance and authorized by 18
16-16    U.S.C. Section 1761.  In determining under Section 497.062
16-17    [497.051] the number of employees [inmates] employed in conditional
16-18    work programs, the department shall count the number of
16-19    participants [inmates] participating in a work program under a
16-20    contract entered into under this section.  Not more than 250 work
16-21    program participants [inmates] may participate in work programs
16-22    under contracts entered into under this section.
16-23          SECTION 1.18.  Section 497.007, Government Code, is amended
16-24    to read as follows:
16-25          Sec. 497.007.  GRANTS.  The office may accept any grant
16-26    designated for work program participant [inmate] vocational
16-27    rehabilitation.  The office shall maintain records relating to the
 17-1    receipt and disbursement of grant funds[,] and shall annually
 17-2    report to the board on the administration of grant funds.
 17-3          SECTION 1.19.  Section 497.009, Government Code, is amended
 17-4    to read as follows:
 17-5          Sec. 497.009.  CERTIFICATION FOR FRANCHISE TAX CREDIT.  The
 17-6    department or the office on behalf of the department shall prepare
 17-7    and issue a certification that a corporation requires to establish
 17-8    eligibility for the franchise tax credit for wages paid to work
 17-9    program participants [inmates] or employees who were work program
17-10    participants [inmates] under Subchapter L, Chapter 171, Tax Code.
17-11          SECTION 1.20.  Section 497.025(a), Government Code, is
17-12    amended to read as follows:
17-13          (a)  An agency of the state that purchases articles and
17-14    products under this subchapter must requisition the purchase
17-15    through the General Services Commission except for purchases of
17-16    articles or products not included in an established contract.  The
17-17    purchase of articles or products not included in an established
17-18    contract and that do not exceed the dollar limits established under
17-19    Section 2155.132 may be acquired directly from the office on the
17-20    agency's obtaining an informal or a formal quotation for the item
17-21    and issuing a proper purchase order to the office.  The commission
17-22    and the department shall enter into an agreement to expedite the
17-23    process by which agencies are required to requisition purchases of
17-24    articles or products through the commission.
17-25          SECTION 1.21.  Section 497.058(a), Government Code, is
17-26    amended to read as follows:
17-27          (a)  The authority by rule shall require that [inmate]
 18-1    employees of the program at each private sector prison industries
 18-2    program be [are] paid not less than the prevailing wage as computed
 18-3    by the authority, except that the authority may permit employers to
 18-4    pay an employee the minimum wage for the two-month period beginning
 18-5    on the date employment begins.
 18-6          SECTION 1.22.  Section 497.0581, Government Code, is amended
 18-7    to read as follows:
 18-8          Sec. 497.0581.  EMPLOYEE [INMATE] CONTRIBUTIONS.  The
 18-9    authority by rule shall require an employee of the program [inmate]
18-10    to contribute a percentage of the wages received by the employee
18-11    [inmate] under this subchapter to be deposited in the private
18-12    sector prison industries oversight account.  In establishing the
18-13    percentage of the wages required to be contributed by employees of
18-14    the program [inmates] under this section, the authority shall
18-15    ensure that the percentage does not place the private sector prison
18-16    industries programs in the department in noncompliance with the
18-17    federal prison enhancement certification program established under
18-18    18 U.S.C. Section 1761.
18-19          SECTION 1.23.  Section 497.060, Government Code, is amended
18-20    to read as follows:
18-21          Sec. 497.060.  WORKERS' COMPENSATION.  The authority by rule
18-22    shall require private sector prison industries program employers to
18-23    meet or exceed all federal requirements for providing compensation
18-24    to employees of the program [inmates] injured while working.
18-25          SECTION 1.24.  Section 497.061, Government Code, is amended
18-26    to read as follows:
18-27          Sec. 497.061.  RECIDIVISM STUDIES.  The authority, with the
 19-1    cooperation of the Criminal Justice Policy Council, shall gather
 19-2    data to determine whether participation in a private sector prison
 19-3    industries program is a factor that reduces recidivism among
 19-4    employees of the program [inmates].
 19-5          SECTION 1.25.  Section 497.062, Government Code, is amended
 19-6    to read as follows:
 19-7          Sec. 497.062.  LIMITATION ON NUMBER OF EMPLOYEES
 19-8    [PARTICIPANTS].  The authority may certify any number of private
 19-9    sector prison industries programs that meet or exceed the
19-10    requirements of federal law and the rules of the authority, but in
19-11    no event may the authority permit more than 1,500 individuals to be
19-12    employees of [inmates to participate in] the program at any one
19-13    time.
19-14          SECTION 1.26.  Section 497.094(a), Government Code, is
19-15    amended to read as follows:
19-16          (a)  The department shall implement a job training program
19-17    [programs] for each job performed by an inmate [inmates] confined
19-18    in a facility [facilities] operated by or under contract with the
19-19    department or a defendant or releasee housed in a facility operated
19-20    by or under contract with the department and monitor the success of
19-21    those programs.  The department shall also establish a permanent
19-22    record for each inmate, defendant, or releasee.  The record must
19-23    describe the types of job training provided to the inmate,
19-24    defendant, or releasee by the department.  On release from
19-25    imprisonment or supervision, the department shall provide the
19-26    inmate, defendant, or releasee with a copy of the record.  The
19-27    department shall collect information relating to the employment
 20-1    histories of inmates released from the institutional division on
 20-2    parole and mandatory supervision.
 20-3          SECTION 1.27.  Section 497.095, Government Code, is amended
 20-4    to read as follows:
 20-5          Sec. 497.095.  INMATE'S WORK RECORD.  The department
 20-6    [institutional division] shall establish a permanent record for
 20-7    each inmate confined in a facility operated by or under contract
 20-8    with the department [in the division] who participates in a
 20-9    department work [an on-the-job training] program [of the division].
20-10    The record must describe the type or types of work performed by the
20-11    inmate, defendant, or releasee during the inmate's confinement or
20-12    supervision and must contain evaluations of the performance of and
20-13    [inmate's] proficiency at tasks assigned and a record of the
20-14    [inmate's] attendance at work by the inmate, defendant, or
20-15    releasee.  On release from imprisonment or supervision the
20-16    department shall provide the [institutional division, an] inmate,
20-17    defendant, or releasee with [is entitled to] a copy of a record
20-18    made by the department [division] under this section.
20-19          SECTION 1.28.  Subchapter E, Chapter 497, Government Code, is
20-20    amended by adding Section 497.099 to read as follows:
20-21          Sec. 497.099.  PARTICIPATION IN WORK PROGRAM REQUIRED.  The
20-22    department shall require each inmate and each defendant or releasee
20-23    housed in a facility operated by or under contract with the
20-24    department to work in an agricultural, industrial, or other work
20-25    program to the extent that the inmate, defendant, or releasee is
20-26    physically and mentally capable of working.  The department may
20-27    waive the work requirement for an inmate, defendant, or releasee as
 21-1    necessary to maintain security or to permit the inmate, defendant,
 21-2    or releasee to participate in rehabilitative programming.
 21-3          SECTION 1.29.  Section 509.011, Government Code, is amended
 21-4    by adding Subsections (g) and (h) to read as follows:
 21-5          (g)  If the Texas Department of Criminal Justice determines
 21-6    that at the end of a biennium a department maintains in reserve an
 21-7    amount greater than two months' basic supervision operating costs
 21-8    for the department, the Texas Department of Criminal Justice in the
 21-9    succeeding biennium may reduce the amount of per capita and formula
21-10    funding provided under Subsection (a) so that in the succeeding
21-11    biennium the department's reserves do not exceed two months' basic
21-12    supervision operating costs.  The Texas Department of Criminal
21-13    Justice may adopt policies and standards permitting a department to
21-14    maintain reserves in an amount greater than otherwise permitted by
21-15    this subsection as necessary to cover emergency costs or implement
21-16    new programs with the approval of the Texas Department of Criminal
21-17    Justice.  The Texas Department of Criminal Justice may distribute
21-18    unallocated per capita or formula funds to provide supplemental
21-19    funds to individual departments to further the purposes of this
21-20    chapter.
21-21          (h)  A community supervision and corrections department at
21-22    any time may transfer to the Texas Department of Criminal Justice
21-23    any unencumbered state funds held by the department.  The Texas
21-24    Department of Criminal Justice may distribute funds transferred to
21-25    the department under this subsection to provide supplemental funds
21-26    to individual departments to further the purposes of this chapter.
21-27          SECTION 1.30.  Section 2251.001(8), Government Code, is
 22-1    amended to read as follows:
 22-2                (8)  "Vendor" means a person who supplies goods or
 22-3    services to a governmental entity.  The term includes Texas
 22-4    Correctional Industries.
 22-5          SECTION 1.31.  Section 8(a), Article 42.09, Code of Criminal
 22-6    Procedure, is amended to read as follows:
 22-7          (a)  A county that transfers a defendant to the Texas
 22-8    Department of Criminal Justice under this article shall deliver to
 22-9    an officer designated by the department:
22-10                (1)  a copy of the judgment entered pursuant to Article
22-11    42.01 of this code, completed on a standardized felony judgment
22-12    form described by Section 4 of that article;
22-13                (2)  a copy of any order revoking community supervision
22-14    and imposing sentence pursuant to Section 23, Article 42.12, of
22-15    this code, including:
22-16                      (A)  any amounts owed for restitution, fines, and
22-17    court costs, completed on a standardized felony judgment form
22-18    described by Section 4, Article 42.01, of this code; and
22-19                      (B)  a copy of the client supervision plan
22-20    prepared for the defendant by the community supervision and
22-21    corrections department supervising the defendant, if such a plan
22-22    was prepared;
22-23                (3)  a written report that states the nature and the
22-24    seriousness of each offense and that states the citation to the
22-25    provision or provisions of the Penal Code or other law under which
22-26    the defendant was convicted;
22-27                (4)  a copy of the victim impact statement, if one has
 23-1    been prepared in the case under Article 56.03 of this code;
 23-2                (5)  a statement as to whether there was a change in
 23-3    venue in the case and, if so, the names of the county prosecuting
 23-4    the offense and the county in which the case was tried;
 23-5                (6)  a copy of the record of arrest for each offense;
 23-6                (7)  if requested, information regarding the criminal
 23-7    history of the defendant, including the defendant's state
 23-8    identification number if the number has been issued;
 23-9                (8)  a copy of the indictment or information for each
23-10    offense;
23-11                (9)  a checklist sent by the department to the county
23-12    and completed by the county in a manner indicating that the
23-13    documents required by this subsection and Subsection (c) of this
23-14    section accompany the defendant; and
23-15                (10)  if prepared, a copy of a presentence or
23-16    postsentence investigation report prepared under Section 9, Article
23-17    42.12 of this code.
23-18          SECTION 1.32.  Section 9(k), Article 42.12, Code of Criminal
23-19    Procedure, is amended to read as follows:
23-20          (k)  If a presentence report in a felony case is not required
23-21    under this section, the judge may [shall] direct the officer to
23-22    prepare a postsentence report containing the same information that
23-23    would have been required for the presentence report, other than a
23-24    proposed client supervision plan and any information that is
23-25    reflected in the judgment.  If the postsentence report is ordered,
23-26    the [The] officer shall send the [postsentence] report to the clerk
23-27    of the court not later than the 30th day after the date on which
 24-1    sentence is pronounced or deferred adjudication is granted, and the
 24-2    clerk shall deliver the postsentence report with the papers in the
 24-3    case to a designated officer of the Texas Department of Criminal
 24-4    Justice, as described [required] by Section 8(a), Article 42.09.
 24-5          SECTION 1.33.  Section 14, Article 42.12, Code of Criminal
 24-6    Procedure, as amended by Chapter 321, Acts of the 74th Legislature,
 24-7    Regular Session, 1995, is amended by amending Subsection (c) and
 24-8    adding Subsection (e) to read as follows:
 24-9          (c)  If a judge requires as a condition of community
24-10    supervision that the defendant serve a term of confinement and
24-11    treatment in a substance abuse treatment facility under this
24-12    section, the judge shall also require as a condition of community
24-13    supervision that on release from the facility the defendant:
24-14                (1)  participate in a drug or alcohol abuse continuum
24-15    of care treatment plan; and
24-16                (2)  pay a  fee in an amount established by the judge
24-17    for residential aftercare required as part of the treatment plan.
24-18          (e)  In requiring the payment of a fee  under Subsection
24-19    (c)(2), the judge shall consider fines, fees, and other necessary
24-20    expenses for which the defendant is obligated in establishing the
24-21    amount of the fee.  The judge may not:
24-22                (1)  establish the fee in an amount that is greater
24-23    than 25 percent of the defendant's gross income while the defendant
24-24    is a participant in residential aftercare; or
24-25                (2)  require the defendant to pay the fee at any time
24-26    other than a time at which the defendant is both employed and a
24-27    participant in residential aftercare.
 25-1          SECTION 1.34.  Section 171.651(2), Tax Code, is amended to
 25-2    read as follows:
 25-3                (2)  "Work program participant" has the meaning
 25-4    assigned by Section 497.001(b) ["Inmate" means an inmate in a
 25-5    prison industries program operated by the prison industries office
 25-6    of the department under Subchapter A, Chapter 497], Government
 25-7    Code.
 25-8          SECTION 1.35.  Section 171.653, Tax Code, is amended to read
 25-9    as follows:
25-10          Sec. 171.653.  CREDIT FOR WAGES PAID TO WORK PROGRAM
25-11    PARTICIPANT [INMATE].  (a)  The amount of the credit for wages paid
25-12    by a corporation to a work program participant [an inmate] is equal
25-13    to 10 percent of that portion of the wages paid that the department
25-14    apportions to the state [under Section 497.004(b)(3), Government
25-15    Code,] as reimbursement for the cost of the participant's
25-16    [inmate's] confinement.
25-17          (b)  A corporation is eligible for the credit under this
25-18    section only if it receives before the due date of its franchise
25-19    tax report for the privilege period for which the credit is claimed
25-20    a written certification from the department stating the amount of
25-21    the wages that the corporation paid to a work program participant
25-22    [an inmate] during the privilege period and the amount of those
25-23    wages that the department apportioned to the state as reimbursement
25-24    for the cost of the participant's [inmate's] confinement.
25-25          (c)  A corporation is eligible for the credit under this
25-26    section only if the work program participant [inmate] for whom it
25-27    is paid has been continuously employed for not less than six
 26-1    months.
 26-2          SECTION 1.36.  Section 171.654, Tax Code, is amended to read
 26-3    as follows:
 26-4          Sec. 171.654.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
 26-5    PROGRAM PARTICIPANT [AN INMATE].  (a)  The amount of the credit for
 26-6    wages paid by a corporation to an employee who was employed by the
 26-7    corporation when the employee was a work program participant [an
 26-8    inmate] is equal to 10 percent of that portion of the wages paid
 26-9    that, were the employee still a participant [an inmate], the
26-10    department would apportion to the state [under Section
26-11    497.004(b)(3), Government Code,] as reimbursement for the cost of
26-12    the participant's [inmate's] confinement.
26-13          (b)  A corporation is eligible for the credit under this
26-14    section only if:
26-15                (1)  the employee who was formerly a work program
26-16    participant [an inmate] was continuously employed for not less than
26-17    six months while a participant [an inmate] and has been
26-18    continuously employed by the corporation for at least one year
26-19    after the date that the employee was released from prison or
26-20    department supervision;
26-21                (2)  the nature of the employment is substantially
26-22    similar to the employment the employee had with the corporation
26-23    when the employee was a work program participant [an inmate] or the
26-24    employment requires more skills or provides greater opportunities
26-25    for the employee;
26-26                (3)  the corporation has provided the department a
26-27    statement of the amount of wages paid the employee during the
 27-1    accounting period on which the credit is computed; and
 27-2                (4)  the corporation receives before the due date of
 27-3    its franchise tax report for the privilege period for which the
 27-4    credit is claimed a written certification from the department
 27-5    stating the amount of the wages that, were the employee still a
 27-6    work program participant [an inmate], the department would have
 27-7    apportioned to the state as reimbursement for the cost of the
 27-8    participant's [inmate's] confinement.
 27-9          (c)  A corporation may claim a credit under this section only
27-10    for:
27-11                (1)  wages paid an employee after the employee has been
27-12    employed by the corporation for more than one year after the date
27-13    of the employee's release from prison or supervision; and
27-14                (2)  wages paid the employee for not longer than one
27-15    year.
27-16          SECTION 1.37.  The heading of Subchapter L, Chapter 171, Tax
27-17    Code, is amended to read as follows:
27-18                SUBCHAPTER L.  TAX CREDIT FOR WAGES PAID TO
27-19             TEXAS DEPARTMENT OF CRIMINAL JUSTICE WORK PROGRAM
27-20          PARTICIPANTS [INMATES] OR FORMER PARTICIPANTS [INMATES]
27-21          SECTION 1.38.  Section 497.090, Government Code, is repealed.
27-22                                 ARTICLE 2
27-23          SECTION 2.01.  Section 497.052, Government Code, is amended
27-24    by adding Subsections (c) and (d) to read as follows:
27-25          (c)  A person may not be a public member of the authority if
27-26    the person or the person's spouse:
27-27                (1)  is employed by or participates in the management
 28-1    of a business entity or other organization regulated by or
 28-2    receiving money from the authority;
 28-3                (2)  owns or controls, directly or indirectly, more
 28-4    than a 10 percent interest in a business entity or other
 28-5    organization regulated by or receiving money from the authority; or
 28-6                (3)  uses or receives a substantial amount of tangible
 28-7    goods, services, or money from the authority other than
 28-8    compensation or reimbursement authorized by law for authority
 28-9    membership, attendance, or expenses.
28-10          (d)  Appointments to the authority shall be made without
28-11    regard to the race, color, disability, sex, religion, age, or
28-12    national origin of the appointees.
28-13          SECTION 2.02.  Subchapter C, Chapter 497, Government Code, is
28-14    amended by adding Sections 497.0521-497.0527 to read as follows:
28-15          Sec. 497.0521.  CONFLICTS OF INTEREST.  (a)  In this section,
28-16    "Texas trade association" means a cooperative and voluntarily
28-17    joined association of business or professional competitors in this
28-18    state designed to assist its members and its industry or profession
28-19    in dealing with mutual business or professional problems and in
28-20    promoting their common interest.
28-21          (b)  A person may not be a member of the authority and may
28-22    not be an authority  employee employed in a "bona fide executive,
28-23    administrative, or professional capacity," as that phrase is used
28-24    for purposes of establishing an exemption to the overtime
28-25    provisions of the federal Fair Labor Standards Act of 1938 (29
28-26    U.S.C. Section 201 et seq.) and its subsequent amendments, if:
28-27                (1)  the person is an officer, employee, or paid
 29-1    consultant of a Texas trade association in the field of private
 29-2    sector prison industries; or
 29-3                (2)  the person's spouse is an officer, manager, or
 29-4    paid consultant of a Texas trade association in the field of
 29-5    private sector prison industries.
 29-6          (c)  A person may not be a member of the authority or act as
 29-7    the general counsel to the authority if the person is required to
 29-8    register as a lobbyist under Chapter 305 because of the person's
 29-9    activities for compensation on behalf of a profession related to
29-10    the operation of the authority.
29-11          Sec. 497.0522.  REMOVAL PROVISIONS.  (a)  It is a ground for
29-12    removal from the authority that a member:
29-13                (1)  does not have at the time of taking office the
29-14    qualifications required by Section 497.052(a);
29-15                (2)  does not maintain during service on the authority
29-16    the qualifications required by Section 497.052(a);
29-17                (3)  is ineligible for membership under Section
29-18    497.052(c) or 497.0521(b) or (c);
29-19                (4)  cannot, because of illness or disability,
29-20    discharge the member's duties for a substantial part of the
29-21    member's term; or
29-22                (5)  is absent from more than half of the regularly
29-23    scheduled authority meetings that the member is eligible to attend
29-24    during a calendar year without an excuse approved by a majority
29-25    vote of the authority.
29-26          (b)  The validity of an action of the authority is not
29-27    affected by the fact that it is taken when a ground for removal of
 30-1    an authority member exists.
 30-2          (c)  If the executive director has knowledge that a potential
 30-3    ground for removal exists, the executive director shall notify the
 30-4    presiding officer of the authority of the potential ground.  The
 30-5    presiding officer shall then notify the governor and the attorney
 30-6    general that a potential ground for removal exists.  If the
 30-7    potential ground for removal involves the presiding officer, the
 30-8    executive director shall notify the next highest ranking officer of
 30-9    the authority, who shall then notify the governor and the attorney
30-10    general that a potential ground for removal exists.
30-11          Sec. 497.0523.  INFORMATION:  REQUIREMENTS FOR OFFICE OR
30-12    EMPLOYMENT.  The executive director or the executive director's
30-13    designee shall provide to members of the authority and to agency
30-14    employees, as often as necessary, information regarding the
30-15    requirements for office or employment under this subchapter,
30-16    including information regarding a person's responsibilities under
30-17    applicable laws relating to standards of conduct for state officers
30-18    or employees.
30-19          Sec. 497.0524.  TRAINING PROGRAM.  (a)  A person who is
30-20    appointed to and qualifies for office as a member of the authority
30-21    may not vote, deliberate, or be counted as a member in attendance
30-22    at a meeting of the authority until the person completes a training
30-23    program that complies with this section.
30-24          (b)  The training program must provide the person with
30-25    information regarding:
30-26                (1)  the legislation that created the authority;
30-27                (2)  the programs operated by the authority;
 31-1                (3)  the role and functions of the authority;
 31-2                (4)  the rules of the authority;
 31-3                (5)  the current budget for the authority;
 31-4                (6)  the results of the most recent formal audit of the
 31-5    authority;
 31-6                (7)  the requirements of:
 31-7                      (A)  the open meetings law, Chapter 551;
 31-8                      (B)  the public information law, Chapter 552;
 31-9                      (C)  the administrative procedure law,  Chapter
31-10    2001; and
31-11                      (D)  other laws relating to public officials,
31-12    including conflict of interest laws; and
31-13                (8)  any applicable ethics policies adopted by the
31-14    department or the Texas Ethics Commission.
31-15          (c)  A person appointed to the authority is entitled to
31-16    reimbursement, as provided by the General Appropriations Act, for
31-17    the travel expenses incurred in attending the training program
31-18    regardless of whether the attendance at the program occurs before
31-19    or after the person qualifies for office.
31-20          Sec. 497.0525.  POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.
31-21    The authority shall develop and implement policies that clearly
31-22    separate the policymaking responsibilities of the authority and the
31-23    management responsibilities of the staff of the authority.
31-24          Sec. 497.0526.  PUBLIC ACCESS.  The authority shall develop
31-25    and implement policies that provide the public with a  reasonable
31-26    opportunity to appear before the authority and to speak on any
31-27    issue under the jurisdiction of the authority.
 32-1          Sec. 497.0527.  COMPLAINTS.  (a)  The authority shall
 32-2    maintain a file on each written complaint filed with  the
 32-3    authority.  The file must include:
 32-4                (1)  the name of the person who filed the complaint;
 32-5                (2)  the date the complaint is received by the
 32-6    authority;
 32-7                (3)  the subject matter of the complaint;
 32-8                (4)  the name of each person contacted in relation to
 32-9    the complaint;
32-10                (5)  a summary of the results of the review or
32-11    investigation of the complaint; and
32-12                (6)  an explanation of the reason the file was closed,
32-13    if the authority closed the file without taking action other than
32-14    to investigate the complaint.
32-15          (b)  The authority shall provide to the person filing the
32-16    complaint and to each person who is a subject of the complaint a
32-17    copy of the authority's policies and procedures relating to
32-18    complaint investigation and resolution.
32-19          (c)  The authority, at least quarterly until final
32-20    disposition of the complaint, shall notify the person filing the
32-21    complaint and each person who is a subject of the complaint of the
32-22    status of the investigation unless the notice would jeopardize an
32-23    undercover investigation.
32-24                                 ARTICLE 3
32-25          SECTION 3.01.  Section 614.002, Health and Safety Code, is
32-26    amended to read as follows:
32-27          Sec. 614.002.  COMPOSITION OF COUNCIL.  (a)  The Texas
 33-1    Council on Offenders with Mental Impairments is composed of 30 [29]
 33-2    members.
 33-3          (b)  The governor shall appoint, with the advice and consent
 33-4    of the senate:
 33-5                (1)  four at-large members who have expertise in mental
 33-6    health, mental retardation, or developmental disabilities, one of
 33-7    whom must be a psychiatrist;
 33-8                (2)  one at-large member who is the judge of a court
 33-9    with criminal jurisdiction;
33-10                (3)  one at-large member who is a prosecuting attorney;
33-11                (4)  one at-large member who is a criminal defense
33-12    attorney;
33-13                (5)  one at-large member from an established pretrial
33-14    services agency; and
33-15                (6)  one at-large member who has expertise in the
33-16    criminal justice system.
33-17          (c)  A person may not be an at-large member of the council if
33-18    the person or the person's spouse:
33-19                (1)  is employed by or participates in the management
33-20    of a business entity or other organization regulated by or
33-21    receiving money from the council;
33-22                (2)  owns or controls, directly or indirectly, more
33-23    than a 10 percent interest in a business entity or other
33-24    organization regulated by or receiving money from the council; or
33-25                (3)  uses or receives a substantial amount of tangible
33-26    goods, services, or money from the council other than compensation
33-27    or reimbursement authorized by law for council membership,
 34-1    attendance, or expenses.
 34-2          (d)  A person may not be a member of the council or act as
 34-3    the general counsel to the council if the person is required to
 34-4    register as a lobbyist under Chapter 305, Government Code, because
 34-5    of the person's activities for compensation on behalf of a
 34-6    profession related to the operation of the council.
 34-7          (e)  The executive head of each of the following agencies,
 34-8    divisions of agencies, or associations, or that person's designated
 34-9    representative, shall serve as a member of the council:
34-10                (1)  the institutional division of the Texas Department
34-11    of Criminal Justice;
34-12                (2)  the Texas Department of Mental Health and Mental
34-13    Retardation;
34-14                (3)  the pardons and paroles division of the Texas
34-15    Department of Criminal Justice;
34-16                (4)  the community justice assistance division of the
34-17    Texas Department of Criminal Justice;
34-18                (5)  the state jail division of the Texas Department of
34-19    Criminal Justice;
34-20                (6)  the Texas Juvenile Probation Commission;
34-21                (7)  the Texas Youth Commission;
34-22                (8)  the Texas Rehabilitation Commission;
34-23                (9)  the Texas Education Agency;
34-24                (10)  the Criminal Justice Policy Council;
34-25                (11)  the Mental Health Association in Texas;
34-26                (12)  the Texas Commission on Alcohol and Drug Abuse;
34-27                (13)  the Commission on Law Enforcement Officer
 35-1    Standards and Education;
 35-2                (14)  the Texas Council of Community Mental Health and
 35-3    Mental Retardation Centers;
 35-4                (15)  the Commission on Jail Standards;
 35-5                (16)  the Texas Planning Council for Developmental
 35-6    Disabilities;
 35-7                (17)  the Texas Association for Retarded Citizens;
 35-8                (18)  the Texas Alliance for the Mentally Ill;
 35-9                (19)  the Parent Association for the Retarded of Texas,
35-10    Inc.;
35-11                (20)  the Texas Department of Human Services; and
35-12                (21)  the Texas Department on Aging.
35-13          (f) [(d)]  In making the appointments under Subsection (b),
35-14    the governor shall attempt to reflect the geographic and economic
35-15    diversity of the state.  Appointments to the council shall be made
35-16    without regard to the race, color, disability, sex, religion, age,
35-17    or national origin of the appointees.
35-18          (g)  It is a ground for removal from the council that an
35-19    at-large member:
35-20                (1)  does not have at the time of taking office the
35-21    qualifications required by Subsections (b), (c), and (k);
35-22                (2)  does not maintain during service on the council
35-23    the qualifications required by Subsections (b), (c), and (k);
35-24                (3)  is ineligible for membership under Subsection (c)
35-25    or (d);
35-26                (4)  cannot, because of illness or disability,
35-27    discharge the member's duties for a substantial part of the
 36-1    member's term;
 36-2                (5)  is absent from more than half of the regularly
 36-3    scheduled council meetings that the member is eligible to attend
 36-4    during a calendar year without an excuse approved by  a majority
 36-5    vote of the council; or
 36-6                (6)  is absent from more than two consecutive regularly
 36-7    scheduled council meetings that the member is eligible to attend.
 36-8          (h)  The validity of an action of the council is not affected
 36-9    by the fact that it is taken when a ground for removal of a council
36-10    member exists.
36-11          (i)  If the director of the council has knowledge that a
36-12    potential ground for removal exists, the director shall notify the
36-13    presiding officer of the council of the potential ground.  The
36-14    presiding officer shall then notify the governor and the attorney
36-15    general that a potential ground for removal exists.  If the
36-16    potential ground for removal involves the presiding officer, the
36-17    director shall notify the next highest ranking officer of the
36-18    council, who shall then notify the governor and the attorney
36-19    general that a potential ground for removal exists.
36-20          (j) [(e)  It is a ground for removal if an at large member:]
36-21                [(1)  is not eligible for appointment at the time of
36-22    appointment as provided by Subsections (b) and (g);]
36-23                [(2)  is absent from more than half of the regularly
36-24    scheduled council meetings that the member is eligible to attend
36-25    during each calendar year; or]
36-26                [(3)  is absent from more than two consecutive
36-27    regularly scheduled council meetings that the member is eligible to
 37-1    attend.]
 37-2          [(f)]  A representative designated by the executive head of a
 37-3    state agency must be an officer or employee of the agency when
 37-4    designated and while serving on the council, except the
 37-5    representative designated by the director of the Criminal Justice
 37-6    Policy Council must be an employee of that council.
 37-7          (k) [(g)]  Members who are not associated with a state agency
 37-8    or division must have expertise in the rehabilitation of persons
 37-9    with mental illness, mental retardation, or a developmental
37-10    disability when appointed or designated and while serving on the
37-11    council.
37-12          SECTION 3.02.  Chapter 614, Health and Safety Code, is
37-13    amended by adding Sections 614.003 and 614.0031 to read as follows:
37-14          Sec. 614.003.  INFORMATION:  REQUIREMENTS FOR OFFICE OR
37-15    EMPLOYMENT.  The executive director of the Texas Department of
37-16    Criminal Justice or the executive director's  designee shall
37-17    provide to members of the council and to agency employees, as often
37-18    as necessary, information regarding the requirements for office or
37-19    employment under this chapter, including information regarding a
37-20    person's responsibilities under applicable laws relating to
37-21    standards of conduct for state officers or employees.
37-22          Sec. 614.0031.  TRAINING PROGRAM.  (a)  A person who is
37-23    appointed to and qualifies for office as a member of the council
37-24    may not vote, deliberate, or be counted as a member in attendance
37-25    at a meeting of the council until the person completes a training
37-26    program that complies with this section.
37-27          (b)  The training program must provide the person with
 38-1    information regarding:
 38-2                (1)  the legislation that created the council;
 38-3                (2)  the programs operated by the council;
 38-4                (3)  the role and functions of the council;
 38-5                (4)  the rules of the council;
 38-6                (5)  the current budget for the council;
 38-7                (6)  the results of the most recent formal audit of the
 38-8    council;
 38-9                (7)  the requirements of:
38-10                      (A)  the open meetings law, Chapter 551,
38-11    Government Code;
38-12                      (B)  the public information law, Chapter 552,
38-13    Government Code;
38-14                      (C)  the administrative procedure law,  Chapter
38-15    2001, Government Code; and
38-16                      (D)  other laws relating to public officials,
38-17    including conflict of interest laws; and
38-18                (8)  any applicable ethics policies adopted by the
38-19    council or the Texas Ethics Commission.
38-20          (c)  A person appointed to the council is entitled to
38-21    reimbursement, as provided by the General Appropriations Act, for
38-22    the travel expenses incurred in attending the training program
38-23    regardless of whether the attendance at the program occurs before
38-24    or after the person qualifies for office.
38-25          SECTION 3.03.  Section 614.005(a), Health and Safety Code, is
38-26    amended to read as follows:
38-27          (a)  The governor shall designate a member of the council as
 39-1    the presiding officer of the council to serve in that capacity at
 39-2    the pleasure of the governor. [The council shall elect a presiding
 39-3    officer from its members at the first meeting of each calendar
 39-4    year.]
 39-5          SECTION 3.04.  Section 614.007, Health and Safety Code, is
 39-6    amended to read as follows:
 39-7          Sec. 614.007.  POWERS AND DUTIES.  (a)  The council shall:
 39-8                (1)  determine the status of offenders with mental
 39-9    impairments in the state criminal justice system;
39-10                (2)  identify needed services for offenders with mental
39-11    impairments;
39-12                (3)  develop a plan for meeting the treatment,
39-13    rehabilitative, and educational needs of offenders with mental
39-14    impairments that includes a case management system and the
39-15    development of community-based alternatives to incarceration;
39-16                (4)  cooperate in coordinating procedures of
39-17    represented agencies for the orderly provision of services for
39-18    offenders with mental impairments;
39-19                (5)  evaluate programs in this state and outside this
39-20    state for offenders with mental impairments and recommend to the
39-21    directors of state programs methods of improving the programs;
39-22                (6)  collect and disseminate information about
39-23    available programs to judicial officers, law enforcement officers,
39-24    probation and parole officers, providers of social services or
39-25    treatment, and the public;
39-26                (7)  provide technical assistance to represented
39-27    agencies and organizations in the development of appropriate
 40-1    training programs;
 40-2                (8)  apply for and receive money made available by the
 40-3    federal or state government or by any other public or private
 40-4    source to be used by the council to perform its duties;
 40-5                (9)  distribute to political subdivisions, private
 40-6    organizations, or other persons money appropriated by the
 40-7    legislature to be used for the development, operation, or
 40-8    evaluation of programs for offenders with mental impairments;
 40-9                (10)  develop and implement pilot projects to
40-10    demonstrate a cooperative program to identify, evaluate, and manage
40-11    outside of incarceration offenders with mental impairments; and
40-12                (11)  assess the need for demonstration projects and
40-13    provide management for approved projects.
40-14          (b)  The council shall develop and implement policies that
40-15    clearly separate the policymaking responsibilities of the council
40-16    and the management responsibilities of the staff of the council.
40-17          SECTION 3.05.  Chapter 614, Health and Safety Code, is
40-18    amended by adding Sections 614.010, 614.0101, and 614.0102 to read
40-19    as follows:
40-20          Sec. 614.010.  PERSONNEL.  (a)  The executive director of the
40-21    Texas Department of Criminal Justice or the executive director's
40-22    designee shall prepare and maintain a written policy statement that
40-23    implements a program of equal employment opportunity to ensure that
40-24    all personnel decisions are made without regard to race, color,
40-25    disability, sex, religion, age, or national origin.
40-26          (b)  The policy statement must include:
40-27                (1)  personnel policies, including policies relating to
 41-1    recruitment, evaluation, selection, training, and promotion of
 41-2    personnel, that show the intent of the council to avoid the
 41-3    unlawful employment practices described by Chapter 21, Labor Code;
 41-4    and
 41-5                (2)  an analysis of the extent to which the composition
 41-6    of the council's personnel is in accordance with state and federal
 41-7    law and a description of reasonable methods to achieve compliance
 41-8    with state and federal law.
 41-9          (c)  The policy statement must:
41-10                (1)  be updated annually;
41-11                (2)  be reviewed by the state Commission on Human
41-12    Rights for compliance with Subsection (b)(1); and
41-13                (3)  be filed with the governor's office.
41-14          Sec. 614.0101.  PUBLIC ACCESS.  The council shall develop and
41-15    implement policies that provide the public with a reasonable
41-16    opportunity to appear before the council and to speak on any issue
41-17    under the jurisdiction of the council.
41-18          Sec. 614.0102.  COMPLAINTS.  (a)  The council shall maintain
41-19    a file on each written complaint filed with the council.  The file
41-20    must include:
41-21                (1)  the name of the person who filed the complaint;
41-22                (2)  the date the complaint is received by the council;
41-23                (3)  the subject matter of the complaint;
41-24                (4)  the name of each person contacted in relation to
41-25    the complaint;
41-26                (5)  a summary of the results of the review or
41-27    investigation of the complaint; and
 42-1                (6)  an explanation of the reason the file was closed,
 42-2    if the council closed the file without taking action other than to
 42-3    investigate the complaint.
 42-4          (b)  The council shall provide to the person filing the
 42-5    complaint and to each person who is a subject of the complaint a
 42-6    copy of the council's policies and procedures relating to complaint
 42-7    investigation and resolution.
 42-8          (c)  The council, at least quarterly until final disposition
 42-9    of the complaint, shall notify the person filing the complaint and
42-10    each person who is a subject of the complaint of the status of the
42-11    investigation unless the notice would jeopardize an undercover
42-12    investigation.
42-13                                 ARTICLE 4
42-14          SECTION 4.01.  This Act takes effect September 1, 1999.
42-15          SECTION 4.02.  The importance of this legislation and the
42-16    crowded condition of the calendars in both houses create an
42-17    emergency and an imperative public necessity that the
42-18    constitutional rule requiring bills to be read on three several
42-19    days in each house be suspended, and this rule is hereby suspended.