By Puente                                               H.B. No. 53
         77R337 KSK-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, is
 1-7     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 commission may waive the requirement of this section
 2-1     in whole or in part if the commission 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 commission 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. If the Texas Youth Commission determines under
2-12     Section 61.085(d), Human Resources Code, as added by this Act, to
2-13     waive the requirement that children obtain a mandatory skill level
2-14     as a condition of release, the commission:
2-15                 (1)  must make that determination on or before December
2-16     1, 2002; and
2-17                 (2)  shall submit a report to the governor, the
2-18     Legislative Budget Board, and the Criminal Justice Policy Council
2-19     on or before December 1, 2002, stating the number of children
2-20     affected by the waiver and the resources that would be required for
2-21     full implementation of Section 61.085, Human Resources Code, as
2-22     added by this Act.
2-23           SECTION 3. This Act takes effect September 1, 2001, and
2-24     applies to any child released under supervision by the Texas Youth
2-25     Commission on or after that date, without regard to whether the
2-26     child is committed to the commission before, on, or after that
2-27     date.