By Ogden S.B. No. 447
76R5794 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring as a condition of release of a child by the
1-3 Texas Youth Commission that the child obtain a mandatory
1-4 educational skill level.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter F, Chapter 61, Human Resources Code,
1-7 is amended by adding Section 61.085 to read as follows:
1-8 Sec. 61.085. EDUCATIONAL SKILL LEVEL. (a) Before releasing
1-9 a child under supervision, the commission shall determine whether
1-10 the child has reached the following mandatory educational skill
1-11 level:
1-12 (1) an educational skill level equal to or greater
1-13 than the average skill level of a child of the same age; or
1-14 (2) a high school diploma or graduate equivalency
1-15 diploma.
1-16 (b) Except as provided by Subsection (e), if the commission
1-17 determines that the child has not reached the mandatory educational
1-18 skill level, the commission may not release the child under
1-19 supervision.
1-20 (c) The commission may waive the requirement of this section
1-21 for a child if the commission determines that the child lacks the
1-22 intellectual capacity or the learning ability to ever achieve the
1-23 appropriate mandatory educational skill level.
1-24 (d) The governor may waive the requirement of this section
2-1 in whole or in part if the governor determines that, considering
2-2 the number of children to which the requirement applies, the
2-3 resources of the commission are insufficient to implement this
2-4 section.
2-5 (e) If the governor waives the requirement of this section
2-6 in whole or in part under Subsection (d), the commission may
2-7 release under supervision a child who the commission has determined
2-8 has not reached the mandatory educational skill level if the
2-9 commission requires as a condition of the release that the child
2-10 attain that level.
2-11 SECTION 2. This Act takes effect September 1, 1999, and
2-12 applies to any child released under supervision by the Texas Youth
2-13 Commission on or after that date, without regard to whether the
2-14 child is committed to the commission before, on, or after that
2-15 date.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.