SRC-LBB H.B. 2895 78(R)BILL ANALYSIS


Senate Research CenterH.B. 2895
By: Allen (Whitmire)
Criminal Justice
5/23/2003
Committee Report (Amended)


DIGEST AND PURPOSE 

The Texas Youth Commission (TYC) has grown in size and complexity over the
past eight years since the major juvenile justice reforms of the 74th
Legislature in 1995.  The changes continue to require legislative
attention in several areas.  First, it has always been implied in the law,
but not explicitly stated, that all records of youth in TYC are
confidential, including any personally identifiable information, and that
youth and parents' access to information about the youth is authorized as
long as it is not detrimental to treatment or does not have a chilling
effect on receiving information from similar sources in the future.  

TYC has for many years met constitutional due process requirements for
parole revocation hearings, but unlike the Board of Pardons and Paroles
and the Texas Department of Criminal Justice,  has not been excepted from
the other requirements for contested cases under the Texas Administrative
Procedure Act.  Some feel TYC needs the same subpoena authority the two
adult correctional agencies have to compel the attendance of witnesses at
the hearings.   

An optional referral to a local mental health authority for outpatient
services is needed for non-sentenced youth who must be discharged
following completion of their minimum length of stay because of their
inability to progress in the regular treatment program.  H.B. 2895 relates
to the operations of the TYC. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 61.073, Human Resources Code,  as follows:

Sec. 61.073.  RECORDS OF EXAMINATIONS AND TREATMENT.  Provides that
records and all other information concerning a child, including personally
identifiable information, are not public and are available only according
to the provisions of Section 58.005, Family Code, Section 61.0731 of this
code, and Chapter 61, Code of Criminal Procedure, except as provided by
Section 61.093(c). 

SECTION 2.  Amends Subchapter E, Chapter 61, Human Resources Code, by
adding Sections 61.0731 and 61.0751, as follows: 

Sec. 61.0731.  INFORMATION AVAILABLE TO CHILDREN, PARENTS, AND OTHERS.
(a)  Authorizes the Texas Youth Commission (TYC), in the interest of
achieving the purpose of TYC and protecting the public, to disclose
records and other information concerning a child to the child and the
child's parent or guardian only if disclosure would not materially harm
the treatment and rehabilitation of the child and would not substantially
decrease the likelihood of TYC receiving information from the same or
similar sources in the future.  Prohibits information concerning a person
who is age 18 or older from being disclosed to the person's parent or
guardian without the person's consent. 

(b)  Authorizes TYC to disclose information regarding a child's location
and committing court to a person having a legitimate need for the
information. 

Sec. 61.0751.  SUBPOENAS.  (a)  Authorizes a hearings examiner appointed
by TYC to issue a subpoena requiring the attendance of a witness or the
production of any record, book, paper, or document the hearings examiner
considers necessary for a determination of treatment under Section 61.075. 

  (b)  Authorizes the hearings examiner to sign a subpoena and administer
an oath. 

(c)  Authorizes a peace officer, apprehension specialist, parole officer,
or other TYC official to serve the subpoena in the same manner as similar
process in a court of record having original jurisdiction of criminal
actions is served. 

(d)  Provides that a person who testifies falsely, fails to appear when
subpoenaed, or fails or refuses to produce material under the subpoena is
subject to the same orders and penalties to which a person taking those
actions before a court is subject. 

(e)  Authorizes a court of record having original jurisdiction of criminal
actions to compel the attendance of a witness, the production of material,
or the giving of testimony before the hearings examiner, by an attachment
for contempt or in the same manner as the court may otherwise compel the
production of evidence, on application of TYC. 

SECTION 3.  Amends Section 61.0772(b), Human Resources Code, to require
TYC to refer a child requiring outpatient psychiatric treatment to the
appropriate mental health authority. Requires TYC to file a sworn
application for court-ordered mental health services, as provided in
Subchapter C, Chapter 574, Health and Safety Code, under certain
circumstances, for a child requiring inpatient psychiatric treatment. 
  
SECTION 4.  Amends Section 2001.223, Government Code, to include TYC in
the list of entities in relation to the grant, rescission, or revocation
of parole or other form of administrative release.   

SECTION 5.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.

LIST OF COMMITTEE AMENDMENTS

Committee Amendment No. 1:

Amend H.B. No. 2895 by striking SECTION 4 and renumbering the subsequent
sections accordingly.