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By: Allen (Senate Sponsor - Whitmire) H.B. No. 2895
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on Criminal
Justice; May 24, 2003, reported favorably, as amended, by the
following vote: Yeas 4, Nays 0; May 24, 2003, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Whitmire
Amend H.B. No. 2895 by striking SECTION 4 and renumbering the
subsequent sections accordingly.
A BILL TO BE ENTITLED
AN ACT
relating to the operations of the Texas Youth Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.073, Human Resources Code, is amended
to read as follows:
Sec. 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The
commission shall keep written records of all examinations and
conclusions based on them and of all orders concerning the
disposition or treatment of each child subject to its control.
Except as provided by Section 61.093(c), these 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.
SECTION 2. Subchapter E, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0731 and 61.0751 to read as
follows:
Sec. 61.0731. INFORMATION AVAILABLE TO CHILDREN, PARENTS,
AND OTHERS. (a) In the interest of achieving the purpose of the
commission and protecting the public, the commission may 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 the commission
receiving information from the same or similar sources in the
future. Information concerning a person who is age 18 or older may
not be disclosed to the person's parent or guardian without the
person's consent.
(b) The commission may 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) A hearings examiner
appointed by the commission may 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) The hearings examiner may sign a subpoena and administer
an oath.
(c) A peace officer, apprehension specialist, parole
officer, or other commission official may serve the subpoena in the
same manner as similar process in a court of record having original
jurisdiction of criminal actions is served.
(d) 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) On application of the commission, a court of record
having original jurisdiction of criminal actions may 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.
SECTION 3. Section 61.0772(b), Human Resources Code, is
amended to read as follows:
(b) Before a child who is identified as mentally ill is
discharged from the commission's custody under Section 61.077(b), a
commission psychiatrist shall examine the child. The commission
shall refer a child requiring outpatient psychiatric treatment to
the appropriate mental health authority. For a child requiring
inpatient psychiatric treatment, the [The] commission shall file a
sworn application for court-ordered mental health services, as
provided in Subchapter C, Chapter 574, Health and Safety Code, if:
(1) the child is not receiving court-ordered mental
health services; and
(2) the psychiatrist who examined the child determines
that the child is mentally ill and the child meets at least one of
the criteria listed in Section 574.034, Health and Safety Code.
SECTION 4. Section 2001.223, Government Code, is amended to
read as follows:
Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
Subchapters C through H do not apply to:
(1) the granting, payment, denial, or withdrawal of
financial or medical assistance or benefits under service programs
of the Texas Department of Human Services;
(2) action by the Banking Commissioner or the Finance
Commission of Texas regarding the issuance of a state bank or state
trust company charter for a bank or trust company to assume the
assets and liabilities of a financial institution that the
commissioner considers to be in hazardous condition as defined by
Section 31.002(a) or 181.002(a), Finance Code, as applicable;
(3) a hearing or interview conducted by the Board of
Pardons and Paroles, [or] the pardons and paroles division of the
Texas Department of Criminal Justice, or the Texas Youth Commission
relating to the grant, rescission, or revocation of parole or other
form of administrative release; or
(4) the suspension, revocation, or termination of the
certification of a breath analysis operator or technical supervisor
under the rules of the Department of Public Safety.
SECTION 5. This Act takes effect September 1, 2003, and
applies only to a proceeding or any part of a proceeding that occurs
on or after that date. A proceeding that occurs before the
effective date of this Act is governed by the law applicable to the
proceeding immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
* * * * *