78R5897 PEP-D
By: Hodge H.B. No. 1712
A BILL TO BE ENTITLED
AN ACT
relating to the oversight of state programs supporting community
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 491.001, Government Code, is amended to
read as follows:
Sec. 491.001. DEFINITIONS. (a) In this subtitle, except
for Chapter 511:
(1) "Board" means the Texas Board of Criminal Justice,
except as provided by Sections [Section] 508.001 and 509.001.
(2) ["Community justice assistance division" means
the community justice assistance division of the department.
[(3)] "Department" means the Texas Department of
Criminal Justice, except in Chapter 509.
(3) [(4)] "Executive director" means the executive
director of the department.
(4) [(5)] "Institutional division" means the
institutional division of the department.
(5) [(6)] "Internal audit division" means the
internal audit division of the department.
(6) [(7)] "Pardons and paroles division" means the
pardons and paroles division of the department.
(7) [(8)] "State jail division" means the state jail
division of the department.
(b) A reference in this subtitle or other law to:
(1) "Board of Pardons and Paroles" means:
(A) the Board of Pardons and Paroles in any
statute relating to a subject under the board's jurisdiction as
provided by Chapter 508; or
(B) the pardons and paroles division in any
statute relating to a subject under the division's jurisdiction as
provided by Chapter 508.
(2) "Probation department" or "adult probation
department" means a community supervision and corrections
department established under Chapter 76 [, Government Code].
(3) "Texas Adult Probation Commission" or "community
justice assistance division" means the Board of Community Justice
Assistance [community justice assistance division].
(4) "Texas Board of Corrections" means the board.
(5) "Texas Department of Corrections" means the
institutional division.
SECTION 2. Section 493.002(a), Government Code, is amended
to read as follows:
(a) The following divisions are within the department:
(1) [the community justice assistance division;
[(2)] the institutional division;
(2) [(3)] the pardons and paroles division;
(3) [(4)] the state jail division;
(4) [(5)] the internal audit division; and
(5) [(6)] the programs and services division.
SECTION 3. The heading to Chapter 509, Government Code, is
amended to read as follows:
CHAPTER 509. BOARD OF COMMUNITY JUSTICE
ASSISTANCE [DIVISION]
SECTION 4. Section 509.001, Government Code, is amended by
amending Subdivision (3) and adding Subdivision (5) to read as
follows:
(3) "Division" means the Board of Community Justice
Assistance [community justice assistance division].
(5) "Board" means the Board of Community Justice
Assistance.
SECTION 5. Chapter 509, Government Code, is amended by
adding Sections 509.0021-509.0026 to read as follows:
Sec. 509.0021. MEMBERSHIP. (a) The board consists of three
members of the general public appointed by the governor who are
experienced in the administration of community supervision and
corrections departments, law enforcement, and the rehabilitation
and reintegration of offenders into society after release from
confinement.
(b) A person is not eligible for appointment as a public
member if the person or the person's spouse:
(1) is certified as an officer by the board;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns, or controls directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the board; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
(c) A person who is required to register as a lobbyist under
Chapter 305 because of the person's activities for compensation in
or on behalf of a profession related to the operation of the board
may not serve as a member of the board or act as the general counsel
to the board.
(d) An appointment to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(e) It is a ground for removal from the board that a member:
(1) does not have at the time of appointment the
qualifications required by Subsection (b) for appointment to the
board;
(2) does not maintain during the member's service on
the board the qualifications required by Subsection (b) for
appointment to the board;
(3) violates a provision of Subsection (c);
(4) is unable to discharge the member's duties for a
substantial part of the term for which the member was appointed
because of illness or disability; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during each calendar year, except when the absence is excused by
majority vote of the board.
(f) The validity of an action of the board is not affected by
the fact that it was taken when a ground for removal of a member of
the board existed.
(g) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the ground. The presiding officer
shall notify the governor that a potential ground for removal
exists.
Sec. 509.0022. TERMS OF OFFICE. (a) Members of the board
serve staggered six-year terms.
(b) If a vacancy occurs, the governor shall appoint a person
to fill the vacancy for the remainder of the term.
Sec. 509.0023. PRESIDING OFFICER. The members of the board
shall elect a presiding officer from among the members.
Sec. 509.0024. EXPENSES. A member of the board may not
receive compensation for services as a board member but is entitled
to reimbursement for travel expenses incurred by the member while
conducting the business of the board as provided by the General
Appropriations Act.
Sec. 509.0025. MEETINGS. The board shall hold regular
quarterly meetings each year on dates fixed by the board and may
hold special meetings as the board determines necessary. The board
shall make rules providing for the regulation of the board's
proceedings and for the holding of special meetings.
Sec. 509.0026. APPLICATION OF SUNSET ACT. The Board of
Community Justice Assistance is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished and this chapter expires September
1, 2015.
SECTION 6. Section 509.003(a), Government Code, is amended
to read as follows:
(a) The [division shall propose and the] board shall adopt
reasonable rules establishing:
(1) minimum standards for programs, community
corrections facilities and other facilities, equipment, and other
aspects of the operation of departments;
(2) a list and description of core services that
should be provided by each department;
(3) methods for measuring the success of community
supervision and corrections programs, including methods for
measuring rates of diversion, program completion, and recidivism;
(4) a format for community justice plans; [and]
(5) minimum standards for the operation of substance
abuse facilities and programs funded through the board; and
(6) standards for the operation of the board
[division].
SECTION 7. Section 76.001(5), Government Code, is amended
to read as follows:
(5) "Division" means the Board of Community Justice
Assistance [community justice assistance division of the Texas
Department of Criminal Justice].
SECTION 8. Section 493.003, Government Code, is repealed.
SECTION 9. (a) The governor shall appoint the initial
members of the Board of Community Justice Assistance as soon as
practicable after the effective date of this Act.
(b) Of the initial members, the governor shall appoint one
to serve a term expiring February 1, 2005, one to serve a term
expiring February 1, 2007, and one to serve a term expiring February
1, 2009. On expiration of the initial terms, the term of a member is
six years, as provided by Section 509.0022, Government Code, as
added by this Act.
SECTION 10. (a) On September 1, 2003, the powers, duties,
and obligations of the Texas Board of Criminal Justice and the Texas
Department of Criminal Justice relating to community justice
assistance are transferred to the Board of Community Justice
Assistance.
(b) On September 1, 2003, all property and records in the
custody of the Texas Board of Criminal Justice and the Texas
Department of Criminal Justice and all funds appropriated by the
legislature for their use relating to community justice assistance
are transferred to the Board of Community Justice Assistance.
(c) On September 1, 2003, an employee of the Texas Board of
Criminal Justice whose duties relate to community justice
assistance or an employee of the community justice assistance
division of the Texas Department of Criminal Justice is an employee
of the Board of Community Justice Assistance, to be assigned at the
direction of the presiding officer of the Board of Community
Justice Assistance.
(d) A rule, form, or policy adopted by the Texas Board of
Criminal Justice or the Texas Department of Criminal Justice, on
abolition of the community justice assistance division, relating to
community justice assistance is a rule, form, or policy of the Board
of Community Justice Assistance.
SECTION 11. (a) On September 1, 2003, the powers, duties,
and obligations of the community justice assistance division of the
Texas Department of Criminal Justice and its officers are
transferred to the Board of Community Justice Assistance.
(b) On September 1, 2003, all property and records in the
custody of and all funds appropriated by the legislature for the use
of the community justice assistance division of the Texas
Department of Criminal Justice are transferred to the Board of
Community Justice Assistance.
(c) On the transfer of the property, records, and funds
under Subsection (b) of this section, the community justice
assistance division of the Texas Department of Criminal Justice is
abolished.
(d) A rule, form, or policy adopted by the community justice
assistance division of the Texas Department of Criminal Justice, on
abolition of the division, is a rule, form, or policy of the Board
of Community Justice Assistance.
(e) On or after September 1, 2003, a reference in the law to
the community justice assistance division of the Texas Department
of Criminal Justice means the Board of Community Justice
Assistance.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.