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.