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.