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.