78R7416 PEP-D
By: Ellis H.B. No. 2523
A BILL TO BE ENTITLED
AN ACT
relating to the oversight of state programs supporting community
justice assistance and supporting probation services for juvenile
and adult offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In this Act, "commission" means the
Texas Probation Commission.
SECTION 2. MEMBERSHIP. (a) The commission consists of six
members of the general public appointed by the governor, three of
whom are experienced in the administration of community
supervision programs for adult offenders and three of whom are
experienced in the administration of juvenile probation programs
for youthful offenders.
(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 commission;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the
commission or receiving funds from the commission;
(3) owns, or controls directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the commission; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(c) A person who is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation in or on behalf of a profession related to the
operation of the commission may not serve as a member of the
commission or act as the general counsel to the commission.
(d) An appointment to the commission 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 commission that a
member:
(1) does not have at the time of appointment the
qualifications required by Subsection (a) for appointment to the
commission;
(2) does not maintain during the member's service on
the commission the qualifications required by Subsection (a) for
appointment to the commission;
(3) violates a provision of Subsection (b);
(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 commission meetings that the member is eligible to attend
during each calendar year, except when the absence is excused by
majority vote of the commission.
(f) The validity of an action of the commission is not
affected by the fact that it was taken when a ground for removal of a
member of the commission 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 commission of the ground. The presiding
officer shall notify the governor that a potential ground for
removal exists.
SECTION 3. TERMS OF OFFICE. (a) Members of the commission
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.
SECTION 4. PRESIDING OFFICER. The members of the
commission shall elect a presiding officer from among the members.
SECTION 5. EXPENSES. A member of the commission may not
receive compensation for services as a commission member but is
entitled to reimbursement for travel expenses incurred by the
member while conducting the business of the commission as provided
by the General Appropriations Act.
SECTION 6. MEETINGS. The commission shall hold regular
quarterly meetings each year on dates fixed by the commission and
may hold special meetings as the commission determines necessary.
The commission shall make rules providing for the regulation of the
commission's proceedings and for the holding of special meetings.
SECTION 7. APPLICATION OF SUNSET ACT. The Texas Probation
Commission is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this chapter expires September 1, 2015.
SECTION 8. INITIAL APPOINTMENTS. (a) The governor shall
appoint the initial members of the Texas Probation Commission as
soon as practicable after the effective date of this Act.
(b) Of the initial members, the governor shall appoint two
to serve terms expiring February 1, 2005, two to serve terms
expiring February 1, 2007, and two to serve terms expiring February
1, 2009. On expiration of the initial terms, the term of a member is
six years, as provided by Section 3 of this Act.
SECTION 9. TRANSFERS: TEXAS BOARD OF CRIMINAL JUSTICE AND
TEXAS DEPARTMENT OF CRIMINAL JUSTICE. (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 and to community supervision are
transferred to the Texas Probation Commission.
(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
and to community supervision are transferred to the Texas Probation
Commission.
(c) On September 1, 2003, an employee of the Texas Board of
Criminal Justice whose duties relate to community justice
assistance or to community supervision or an employee of the
community justice assistance division of the Texas Department of
Criminal Justice is an employee of the Texas Probation Commission,
to be assigned at the direction of the presiding officer of the
Texas Probation Commission.
(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 or to community supervision is a rule,
form, or policy of the Texas Probation Commission.
SECTION 10. TRANSFERS: COMMUNITY JUSTICE ASSISTANCE
DIVISION. (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 Texas Probation Commission.
(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 Texas
Probation Commission.
(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 Texas
Probation Commission.
(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 Texas Probation Commission.
SECTION 11. TRANSFERS: JUVENILE PROBATION COMMISSION. (a)
On September 1, 2003, the powers, duties, and obligations of the
Juvenile Probation Commission and its officers are transferred to
the Texas Probation Commission.
(b) On September 1, 2003, an employee of the Juvenile
Probation Commission is an employee of the Texas Probation
Commission.
(c) On September 1, 2003, all property and records in the
custody of and all funds appropriated by the legislature for the use
of the Juvenile Probation Commission are transferred to the Texas
Probation Commission.
(d) On the transfer of the property, records, and funds
under Subsection (c) of this section, the Juvenile Probation
Commission is abolished.
(e) A rule, form, or policy adopted by the Juvenile
Probation Commission, on abolition of the commission, is a rule,
form, or policy of the Texas Probation Commission.
(f) On or after September 1, 2003, a reference in the law to
the Juvenile Probation Commission means the Texas Probation
Commission.
SECTION 12. EFFECTIVE DATE. 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.