By: Ogden S.B. No. 447
A BILL TO BE ENTITLED
AN ACT
1-1 relating to requiring as a condition of release of a child by the
1-2 Texas Youth Commission that the child obtain a mandatory
1-3 educational skill level.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 61, Human Resources Code,
1-6 is amended by adding Section 61.085 to read as follows:
1-7 Sec. 61.085. EDUCATIONAL SKILL LEVEL. (a) Before releasing
1-8 a child under supervision, the commission shall determine whether
1-9 the child has reached the following mandatory educational skill
1-10 level:
1-11 (1) an educational skill level equal to or greater
1-12 than the average skill level of a child of the same age; or
1-13 (2) a high school diploma or graduate equivalency
1-14 diploma.
1-15 (b) Except as provided by Subsection (e), if the commission
1-16 determines that the child has not reached the mandatory educational
1-17 skill level, the commission may not release the child under
1-18 supervision.
1-19 (c) The commission may waive the requirement of this section
1-20 for a child if the commission determines that the child lacks the
1-21 intellectual capacity or the learning ability to ever achieve the
1-22 appropriate mandatory educational skill level.
1-23 (d) The commission may waive the requirement of this section
1-24 in whole or in part if the commission determines that, considering
2-1 the number of children to which the requirement applies, the
2-2 resources of the commission are insufficient to implement this
2-3 section.
2-4 (e) If the commission waives the requirement of this section
2-5 in whole or in part under Subsection (d), the commission may
2-6 release under supervision a child who the commission has determined
2-7 has not reached the mandatory educational skill level if the
2-8 commission requires as a condition of the release that the child
2-9 attain that level.
2-10 SECTION 2. If the Texas Youth Commission determines under
2-11 Subsection (d), Section 61.085, Human Resources Code, as added by
2-12 this Act, to waive the requirement that children obtain a mandatory
2-13 skill level as a condition of release, the commission:
2-14 (1) must make that determination on or before December
2-15 1, 2000; and
2-16 (2) shall submit a report to the governor, the
2-17 Legislative Budget Board, and the Criminal Justice Policy Council
2-18 on or before December 1, 2000, stating the number of children
2-19 affected by the waiver and the resources that would be required for
2-20 full implementation of Section 61.085, Human Resources Code, as
2-21 added by this Act.
2-22 SECTION 3. This Act takes effect September 1, 1999, and
2-23 applies to any child released under supervision by the Texas Youth
2-24 Commission on or after that date, without regard to whether the
2-25 child is committed to the commission before, on, or after that
2-26 date.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.