78R1314 SLO-D
By: Armbrister S.B. No. 459
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Texas Juvenile Probation
Commission and the transfer of its functions to the Texas Youth
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle A, Title 3, Human
Resources Code, is amended to read as follows:
SUBTITLE A. FACILITIES AND PROBATION SERVICES FOR CHILDREN
SECTION 2. The heading to Chapter 61, Human Resources Code,
is amended to read as follows:
CHAPTER 61. TEXAS YOUTH COMMISSION [COUNCIL]
SECTION 3. Section 61.001, Human Resources Code, is amended
by adding Subdivisions (7)-(10) to read as follows:
(7) "Committed to the commission" includes receiving
juvenile probation services from the Juvenile Probation Division.
(8) "Division" means the Juvenile Probation Division
of the Texas Youth Commission.
(9) "Juvenile board" means a body established by law
to provide juvenile probation services to a county.
(10) "State aid" means funds allocated by the
commission or division to a juvenile board to financially assist
the board in achieving the purposes of this chapter and in
conforming to the commission's or division's standards and
policies.
SECTION 4. Section 61.002, Human Resources Code, is amended
to read as follows:
Sec. 61.002. PURPOSES [PURPOSE]. The purposes [purpose] of
this chapter are to:
(1) [is to] provide for administration of the state's
correctional facilities for children;
(2) [, to] provide a program of constructive training
aimed at rehabilitation and reestablishment in society of children
adjudged delinquent by the courts of this state and committed to the
Texas Youth Commission;
(3) [, and to] provide active parole supervision for
children until officially discharged from custody of the Texas
Youth Commission; and
(4) provide probation services to juveniles
throughout the state.
SECTION 5. Section 61.012(a), Human Resources Code, is
amended to read as follows:
(a) The governing board of the Texas Youth Commission
consists of six members appointed by the governor with the consent
of the senate. Appointments to the board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees. Two of the six board members
must have a demonstrated interest in juvenile probation services.
SECTION 6. Section 61.033, Human Resources Code, is amended
to read as follows:
Sec. 61.033. ANNUAL REPORTS [FINANCIAL REPORT]. (a) The
commission shall report annually to the governor and the
legislature concerning the commission's operations and the
condition of probation services in the state during the previous
year. The report may include recommendations.
(b) The commission shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must meet the reporting requirements applicable to
financial reporting provided in the General Appropriations Act.
SECTION 7. Section 61.034, Human Resources Code, is amended
by adding Subsection (c) to read as follows:
(c) The commission shall consult with the division before
adopting rules, guidelines, or policies that affect the division.
SECTION 8. Section 61.036, Human Resources Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) To improve probation services, the commission or
division may cooperate and contract with:
(1) the federal government;
(2) government agencies in this state and other
states;
(3) political subdivisions of the state; and
(4) private agencies.
(d) The executive director and the commissioners of
education, mental health and mental retardation, and human services
shall meet in Austin at least quarterly to:
(1) discuss mutual problems;
(2) resolve conflicts in providing services to
juveniles; and
(3) make recommendations to the governor and the
legislature.
SECTION 9. Sections 61.051 and 61.052, Human Resources
Code, are amended to read as follows:
Sec. 61.051. [CLIENT SERVICE] CONTRACT STANDARDS. (a) In
each contract for the purchase of residential program-related
client services the commission shall include:
(1) clearly defined contract goals, outputs, and
measurable outcomes that relate directly to program objectives;
(2) clearly defined sanctions or penalties for failure
to comply with or perform contract terms or conditions; and
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract.
(b) In each contract with counties for local probation
services, the division shall include:
(1) clearly defined contract goals, outputs, and
measurable outcomes that relate directly to program objectives;
(2) clearly defined sanctions or penalties for failure
to comply with or perform contract terms or conditions; and
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract.
(c) The division shall require each local juvenile
probation department to:
(1) include the requirements of Subsection (b) in its
contracts with private service providers that involve the use of
state funds; and
(2) use data relating to the performance of private
service providers in prior contracts as a factor in selecting
providers to receive contracts.
Sec. 61.052. CONTRACT MONITORING. The commission shall
establish a formal program to monitor residential program-related
client services contracts and probation services contracts made by
the commission or the division. The commission must:
(1) monitor compliance with financial and performance
requirements using a risk assessment methodology; and
(2) obtain and evaluate program cost information to
ensure that each cost, including an administrative cost, is
reasonable and necessary to achieve program objectives.
SECTION 10. Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Section 61.055 to read as follows:
Sec. 61.055. CONTRACTS FOR OUT-OF-STATE JUVENILE INMATES.
(a) The only entities other than the state authorized to operate a
correctional facility to house in this state juvenile inmates
convicted of offenses committed against the laws of another state
of the United States are:
(1) a county or municipality; and
(2) a private vendor operating a correctional facility
under a contract with a county or municipality.
(b) The commission shall develop rules, procedures, and
minimum standards applicable to county or private correctional
facilities housing out-of-state juvenile inmates. A contract made
under Subsection (a) shall require the county, municipality, or
private vendor to operate the facility in compliance with minimum
standards adopted by the commission.
SECTION 11. Section 61.101(b), Human Resources Code, is
amended to read as follows:
(b) The commission [, in consultation with the Texas
Juvenile Probation Commission,] shall develop guidelines for a
program of physical and correctional training and military-style
discipline for children placed in youth boot camps operated by
local probation departments for violating the conditions of release
under supervision or parole under Section 61.081.
SECTION 12. Subchapter H, Chapter 61, Human Resources Code,
is amended by adding Sections 61.102, 61.103, and 61.104 to read as
follows:
Sec. 61.102. COOPERATION BETWEEN DIVISION AND LOCAL BOARDS
AND DEPARTMENTS. (a) The division shall work with local juvenile
boards and local juvenile probation departments to recommend
policies and guidelines for youth boot camp programs for children
for adoption by the commission.
(b) The division, local juvenile boards, and local juvenile
probation departments may work together to develop a program of
moral, academic, vocational, physical, and correctional training
and military-style discipline for children placed in youth boot
camps on probation under Section 54.04(d)(1)(B), Family Code, or
for violating the conditions of probation as determined under
Section 54.05(f), Family Code, including follow-up programs to aid
successful community reintegration.
(c) The division, local juvenile boards, and local juvenile
probation departments shall recommend rules of conduct for children
participating in the program under this section for adoption by the
commission.
(d) Local juvenile boards and local juvenile probation
departments may enter into agreements with each other to jointly
establish regional youth boot camps.
(e) Local juvenile probation departments may contract with
the division to provide services to persons who violate conditions
of parole as determined under Section 61.075.
Sec. 61.103. CONTRACTS WITH PRIVATE VENDORS. The division
may contract with a private vendor for the financing, construction,
operation, maintenance, or management of a youth boot camp. The
division may not award a contract under this section unless the
division requests proposals and receives a proposal that meets or
exceeds, in addition to requirements specified in the request for
proposals, the requirements specified in Section 61.104.
Sec. 61.104. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
PRIVATE VENDORS. (a) A person proposing to enter into a contract
with the division under Section 61.103 must demonstrate the
qualifications and the operations and management experience
necessary to carry out the terms of the contract.
(b) In addition to meeting the requirements specified in the
requests for proposals, a proposal for a contract under Section
61.103 must:
(1) provide for regular, on-site monitoring by the
division;
(2) offer a level and quality of programs at least
equal to those provided by any other state-run youth boot camp;
(3) permit the division to terminate the contract for
cause, including as cause the failure of the private vendor to meet
the conditions required by this section and other conditions
required by the contract;
(4) if the proposal includes construction of a
facility, contain a performance bond approved by the division that
is adequate and appropriate for the proposed contract;
(5) provide for assumption of liability by the private
vendor for all claims arising from the services performed under the
contract by the private vendor;
(6) provide for an adequate plan of insurance for the
private vendor and its officers, guards, employees, and agents
against all claims, including claims based on violations of civil
rights arising from the services performed under the contract by
the private vendor; and
(7) provide for an adequate plan of insurance to
protect the division and commission against all claims arising from
the services performed under the contract by the private vendor and
to protect the division and commission from actions by a third party
against the private vendor and its officers, guards, employees, and
agents as a result of the contract.
(c) A private vendor operating under a contract authorized
by this subchapter may not claim sovereign immunity in a suit
arising from the services performed under the contract by the
private vendor. This subsection does not deprive the private
vendor, the division, or the commission of the benefit of any law
limiting exposure to liability, setting a limit on damages, or
establishing a defense to liability.
SECTION 13. Chapter 61, Human Resources Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. JUVENILE PROBATION DIVISION
Sec. 61.141. DIVISION. The Juvenile Probation Division is
a division of the Texas Youth Commission.
Sec. 61.142. PURPOSES. The purposes of the division are to:
(1) make probation services available to juveniles
throughout the state;
(2) improve the effectiveness of juvenile probation
services;
(3) provide alternatives to the commitment of
juveniles by providing financial aid to juvenile boards to
establish and improve probation services;
(4) establish uniform standards for the
community-based juvenile justice system;
(5) improve communications among state and local
entities in the juvenile justice system; and
(6) promote delinquency prevention and early
intervention programs and activities for juveniles.
Sec. 61.143. ADVISORY COUNCIL ON JUVENILE SERVICES. (a) The
Advisory Council on Juvenile Services consists of:
(1) two juvenile court judges, appointed by the board;
(2) three juvenile probation officers, appointed by
the board;
(3) two citizens who are knowledgeable of juvenile
services, appointed by the board;
(4) the executive director or the executive director's
designee;
(5) the commissioner of education or the
commissioner's designee; and
(6) the commissioner of human services or the
commissioner's designee.
(b) The advisory council shall report to the executive
director.
(c) The advisory council shall determine the needs and
problems of county juvenile boards and departments and shall assist
the division in long-range planning.
Sec. 61.144. FEES. If the General Appropriations Act does
not specify the amount of the fees, the commission by rule may
establish fees for services provided by the division that:
(1) are reasonable and necessary;
(2) produce revenue sufficient for the administration
of this subchapter; and
(3) do not produce unnecessary revenue.
Sec. 61.145. PROVISION OF PROBATION AND DETENTION SERVICES.
(a) The division shall assist counties in providing juvenile
probation or detention services by encouraging the continued
operation of county and multicounty juvenile boards or probation
offices.
(b) If a county discontinues the provision of juvenile
probation or detention services, the division may directly provide
juvenile probation or detention services in the county.
Sec. 61.146. RULES GOVERNING JUVENILE BOARDS, PROBATION
DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES. (a)
The commission shall adopt reasonable rules that provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, recordkeeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation officers and that
provide for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation
officers or court-supervised community-based program personnel;
(4) minimum standards for public and private juvenile
pre-adjudication secure detention facilities, public juvenile
post-adjudication secure correctional facilities that are operated
under the authority of a juvenile board, and private juvenile
post-adjudication secure correctional facilities, except those
facilities exempt from certification by Section 42.052(g);
(5) procedures for implementation of the progressive
sanctions guidelines provided by Chapter 59, Family Code; and
(6) minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency or its designee.
(b) In adopting the rules, the commission shall consider
local information and evidence gathered through public review and
comment.
(c) The division shall operate a statewide registry for all
public and private juvenile pre-adjudication secure detention
facilities and all public and private juvenile post-adjudication
secure correctional facilities except a facility operated or
certified by the commission.
(d) The division shall annually inspect all public and
private juvenile pre-adjudication secure detention facilities and
all public and private juvenile post-adjudication secure
correctional facilities, except a facility operated or certified by
the commission, and shall annually monitor compliance with the
standards established under Subsection (a)(4) if the juvenile board
has elected to comply with those standards or shall annually ensure
that the facility is certified by the American Correctional
Association if the juvenile board has elected to comply with the
standards of that association.
(e) Juvenile probation departments shall use the mental
health screening instrument selected by the commission for the
initial screening of children under the jurisdiction of probation
departments who have been formally referred to the department. The
division shall give priority to training in the use of the
instrument in any preservice or in-service training that the
division provides for probation officers. Juvenile probation
departments shall report data from the use of the screening
instrument to the division in a format and in the time prescribed by
the division.
(f) The division shall monitor compliance with alternative
referral plans adopted by juvenile boards under Section 53.01,
Family Code.
(g) Any statement made by a child and any mental health data
obtained from the child during the administration of the mental
health screening instrument under this section are not admissible
against the child at any other hearing. The person administering
the mental health screening instrument shall inform the child that
any statement made by the child and any mental health data obtained
from the child during the administration of the instrument are not
admissible against the child at any other hearing.
Sec. 61.147. STANDARDS RELATING TO LOCAL JUVENILE PROBATION
DEPARTMENTS. (a) The commission shall adopt rules that provide:
(1) standards for the collection and reporting of
information about juvenile offenders by local juvenile probation
departments;
(2) performance measures to determine the
effectiveness of probation services provided by local juvenile
probation departments; and
(3) case management standards for all probation
services provided by local juvenile probation departments.
(b) The division shall monitor local juvenile probation
departments for compliance with the standards and measures that the
division adopts.
(c) The division shall provide technical assistance to
local juvenile probation departments to aid compliance with the
standards and measures that the division adopts.
Sec. 61.148. TRAINING AND ASSISTANCE TO LOCAL AUTHORITIES.
The division shall provide educational training and technical
assistance to counties, juvenile boards, and probation offices to:
(1) promote compliance with the standards required
under this subchapter; and
(2) assist the local authorities in improving the
operation of juvenile probation, parole, and detention services.
Sec. 61.149. RECORDS AND REPORTS. Each juvenile board in
the state shall:
(1) keep the financial, programmatic, and statistical
records the division considers necessary; and
(2) submit periodic financial, programmatic, and
statistical reports to the division as required by the division and
in the format specified by the division, including electronic
submission.
Sec. 61.150. COORDINATED STRATEGIC PLAN FOR JUVENILE
JUSTICE SYSTEM. (a) The division and the commission shall
biennially develop a coordinated strategic plan that shall guide,
but not substitute for, the strategic plans developed individually
by the agency and the division.
(b) The plan required by this section must:
(1) identify short-term and long-term policy goals;
(2) identify time frames and strategies for meeting
the goals identified under Subdivision (1);
(3) estimate population projections, including
projections of population characteristics;
(4) estimate short-term and long-term capacity,
programmatic, and funding needs;
(5) describe intensive service and surveillance
parole pilot programs to be jointly developed;
(6) include an evaluation of aftercare services
emphasizing concrete outcome measures, including recidivism and
educational progress;
(7) identify objective criteria for the various
decision points throughout the continuum of juvenile justice
services and sanctions to guard against disparate treatment of
minority youth; and
(8) identify cross-agency outcome measures by which to
evaluate the effectiveness of the system generally.
(c) The board shall adopt the coordinated strategic plan on
or before December 1 of each odd-numbered year.
Sec. 61.151. MEDICAID BENEFITS. The division shall:
(1) identify areas in which federal Medicaid program
benefits could be used in a manner that is cost-effective for
children in the juvenile justice system;
(2) develop a program to encourage application for and
receipt of Medicaid benefits;
(3) provide technical assistance to counties relating
to eligibility for Medicaid benefits; and
(4) monitor the extent to which counties make use of
Medicaid benefits.
Sec. 61.152. ACCESSIBILITY TO PROGRAMS AND
FACILITIES. The division shall comply with federal and state laws
relating to program and facility accessibility. The division shall
also prepare and maintain a written plan that describes how a person
who does not speak English can be provided reasonable access to the
division's programs and services.
Sec. 61.153. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
TRAINING. The division shall:
(1) provide training on request to juvenile probation
departments and juvenile boards in violence prevention and conflict
resolution programs that include discussion of domestic violence
and child abuse issues; and
(2) encourage the inclusion of a violence prevention
and conflict resolution program as a condition of probation.
Sec. 61.154. INSPECTIONS AND AUDITS. (a) The division may
inspect and evaluate a juvenile board and juvenile probation
department and audit its financial, programmatic, and statistical
records at reasonable times to determine compliance with applicable
rules.
(b) The division may inspect any program or facility
operated on behalf of and under the authority of a juvenile board by
a juvenile probation department, governmental entity, or private
vendor.
Sec. 61.155. JUVENILE PROBATION STUDIES. (a) At the
request of the governor or on its own initiative, the division may
conduct or participate in studies relating to corrections methods
and systems and to treatment and therapy programs.
(b) The division shall continuously study the effectiveness
of probation services and shall report its findings to the governor
and the legislature before each regular legislative session.
Sec. 61.156. COMPLAINTS RELATING TO JUVENILE BOARDS. (a)
The division shall keep an information file about each complaint
filed with the division relating to a juvenile board funded by the
division.
(b) If a written complaint is filed with the division
relating to a juvenile board funded by the division, the division,
at least quarterly and until final disposition of the complaint,
shall notify the complainant and the juvenile board of the status of
the complaint unless notice would jeopardize an undercover
investigation.
Sec. 61.157. MINIMUM STANDARDS FOR PROBATION OFFICERS. (a)
To be eligible for appointment as a probation officer, a person who
has not been employed as a probation officer since September 1,
1981, must:
(1) be of good moral character;
(2) have acquired a bachelor's degree conferred by a
college or university accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board;
(3) have either:
(A) one year of graduate study in criminology,
corrections, counseling, law, social work, psychology, sociology,
or another field of instruction approved by the division; or
(B) one year of experience in full-time casework,
counseling, or community or group work:
(i) in a social service, community,
corrections, or juvenile agency that deals with offenders or
disadvantaged persons; and
(ii) that the division determines provides
the kind of experience necessary to meet this requirement;
(4) have satisfactorily completed the course of
preservice training or instruction required by the division;
(5) have passed the tests or examinations required by
the division; and
(6) possess the level of certification required by the
division.
(b) The commission by rule may authorize the waiver of the
requirement of a year of graduate study or full-time employment
experience if the authority responsible for employing the officer
establishes to the satisfaction of the division that after a
diligent search the authority cannot locate a person meeting that
requirement to fill a job opening.
(c) The commission by rule may authorize the temporary
employment of a person who has not completed a course of preservice
training, passed the examination, or attained the required level of
certification, contingent on the person meeting those requirements
within the time specified by the division.
(d) A person must possess the level of training, experience,
and certification required by the division to be eligible for
employment in a probation office in a position supervising other
probation officers. The division may require several levels of
certification to reflect increasing levels of responsibility. A
division requirement relating to levels of certification does not
affect the continued employment of a probation officer in a
supervisory position if the person holds that position on the date
the requirement takes effect.
(e) The division may waive any certification requirement,
except a fee requirement, for an applicant who has a valid
certification from another state that has certification
requirements that are substantially equivalent to the requirements
in this state.
(f) The division may waive the degree accreditation
requirement in Subsection (a)(2) if the applicant possesses a
foreign or other degree that the division determines is the
substantial equivalent of a bachelor's degree. The commission
shall adopt rules defining the procedures to be used to request a
waiver of the accreditation requirement in Subsection (a)(2).
Sec. 61.158. NOTICE OF CERTIFICATION EXAMINATION RESULTS
FOR PROBATION OFFICERS. (a) Except as provided by Subsection (b),
the division shall notify each person taking a certification
examination of the results of the examination not later than the
30th day after the date the examination is administered.
(b) The division shall notify a person taking an examination
graded or reviewed by a national testing service of the results not
later than the 14th day after the date the division receives the
results from the testing service.
(c) If the notice of the examination results graded or
reviewed by a national testing service will be delayed for longer
than 90 days after the examination date, the division shall notify
the person of the reason for the delay before the 90th day.
Sec. 61.159. ANALYSIS OF EXAMINATION PERFORMANCE FOR
PROBATION OFFICERS. The division shall furnish a person who fails a
certification test administered under this subchapter with an
analysis of the person's performance on the examination if the
person requests the analysis in writing.
Sec. 61.160. REVOCATION OR SUSPENSION OF PROBATION OFFICER
CERTIFICATION. (a) The division may revoke or suspend a
certification, or reprimand a certified officer, for a violation of
this chapter or a commission rule.
(b) A person is entitled to a hearing before the division or
a hearings officer appointed by the division if the division
proposes to suspend or revoke the person's certification. The
division shall prescribe procedures by which each decision to
suspend or revoke is made by or is appealable to the division.
Sec. 61.161. PERSONS WHO MAY NOT ACT AS JUVENILE PROBATION,
DETENTION, OR CORRECTIONS OFFICERS. A peace officer, prosecuting
attorney, or other person who is employed by or who reports directly
to a law enforcement or prosecution official may not act as a
juvenile probation, detention, or corrections officer or be made
responsible for supervising a juvenile on probation.
Sec. 61.162. PROHIBITION ON CARRYING FIREARM. (a) A
juvenile probation, detention, or corrections officer may not carry
a firearm in the course of the person's official duties.
(b) This section does not apply to an employee of the
commission.
Sec. 61.163. PROBATION OFFICER: COUNTY EMPLOYEE. A
juvenile probation officer whose jurisdiction covers only one
county is considered to be an employee of that county.
SECTION 14. Chapter 61, Human Resources Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. STATE AID FOR JUVENILE BOARDS
Sec. 61.171. DETERMINATION OF AMOUNT OF STATE AID. (a) The
division shall annually allocate funds for financial assistance to
juvenile boards to provide juvenile services according to current
estimates of the number of juveniles in each county and other
factors the division determines are appropriate.
(b) The legislature may appropriate the amount of state aid
necessary to supplement local funds to maintain and improve
statewide juvenile services that comply with division standards.
(c) The division may set aside a portion of the funds
appropriated to the division for state aid to fund programs
designed to address special needs or projects of local juvenile
boards.
Sec. 61.172. MAINTENANCE OF LOCAL FINANCIAL SUPPORT. (a)
To receive the full amount of state aid funds for which a juvenile
board may be eligible, a juvenile board must demonstrate to the
division's satisfaction that the amount of local or county funds
budgeted for juvenile services is at least equal to the amount
spent, excluding construction and capital outlay expenses, for
those services in the 1994 county fiscal year. The division may
waive this requirement only if the juvenile board demonstrates to
the division that unusual, catastrophic, or exceptional
circumstances existed during the relevant year to affect adversely
the level of county funding. If the required amount of local
funding is not budgeted and the division does not grant a waiver,
the division shall reduce the allocation of state aid funds to the
juvenile board by the amount equal to the amount that the county
funding is below the required funding.
(b) The amount spent on juvenile detention and correctional
facilities is included in determining the amount of local or county
funds. The amount spent for construction or renovation is not
included.
(c) The division must be satisfied at the end of each county
fiscal year that the juvenile board actually spent local or county
funds for juvenile services in the amount demonstrated to the
division at the beginning of the fiscal year.
(d) The division may require a rebate of or may withhold
state aid to which the juvenile board would otherwise be entitled as
necessary to satisfy the requirement that a juvenile board spend
funds as demonstrated.
Sec. 61.173. SPECIAL RULES FOR MULTICOUNTY JURISDICTIONS.
If necessary, the commission by rule may provide for:
(1) the payment of compensation, insurance,
retirement, fringe benefits, and related benefits to a juvenile
probation officer whose jurisdiction covers more than one county;
(2) the centralization of administrative
responsibility associated with the state aid program in a county
included in a multicounty jurisdiction; and
(3) the application of Section 61.171 to a multicounty
jurisdiction.
Sec. 61.174. PAYMENT OF STATE AID. (a) When the division
determines that a juvenile board complies with the division's
standards, the division shall submit to the comptroller a voucher
for payment to a juvenile board of the amount of state aid to which
the juvenile board is entitled.
(b) The juvenile board's fiscal officer shall deposit all
state aid received under this subchapter in a special fund. The
juvenile board may use the funds solely to provide juvenile
probation services.
(c) A juvenile board receiving state aid under this
subchapter is subject to audit by the Legislative Budget Board, the
governor's budget and planning office, the state auditor, and the
comptroller.
(d) A juvenile board receiving state aid under this
subchapter shall submit reports as required by the division.
Sec. 61.175. REFUSAL, REDUCTION, OR SUSPENSION OF STATE
AID. (a) The division may refuse, reduce, or suspend payment of
state aid to:
(1) a juvenile board that fails to comply with the
division's rules or fails to maintain local financial support; or
(2) a county that fails to comply with the minimum
standards provided under Section 61.146(a)(4).
(b) The division shall provide for notice and a hearing in a
case in which it refuses, reduces, or suspends state aid.
Sec. 61.176. FUNDING AND CONSTRUCTION OF POST-ADJUDICATION
FACILITIES. (a) The division may provide state aid to a county to
acquire, construct, and equip post-adjudication residential or
day-treatment centers from money appropriated for those purposes.
The facilities may be used for children who are placed on probation
by a juvenile court under Section 54.04, Family Code, as an
alternative to commitment to the facilities of the division.
(b) State funds provided to counties under Subsection (a)
must be matched by local funds equal to at least one-fourth of the
state funds.
(c) From money appropriated for construction of the
facilities described by Subsection (a), the division shall contract
with the Texas Department of Criminal Justice for construction
management services, including:
(1) evaluation of project plans and specifications;
and
(2) review and comment on the selection of architects
and engineers, change orders, and sufficiency of project
inspection.
(d) On completion of the review of project plans and
specifications under Subsection (c), the Texas Department of
Criminal Justice shall issue a comprehensive report that states in
detail the proposed cost of the project. The division shall use the
report in making a comparative evaluation of proposed projects and
shall give priority to the projects the division finds are the most
effective and economical.
(e) The division may not award money for a capital
construction project for a facility under this section unless the
division receives from the commissioners court of the county
intending to use the facility a written commitment that the
commissioners court has reviewed and accepted the conditions of the
award. If more than one county intends to use the facility, the
division must receive from each county a written commitment that
the county will agree with the other counties to an interlocal
contract to operate the facility in accordance with the conditions
of the award.
(f) A county receiving state aid under this section shall
adhere to division standards for the construction and operation of
a post-adjudication secure residential facility.
(g) For a facility constructed under this section, not more
than 25 percent of the operating costs of the facility at an 80
percent occupancy rate may be reimbursed by the division.
(h) It is the intent of the legislature to appropriate the
full amount of money authorized under Subsection (g).
SECTION 15. Section 104.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
of action based on conduct described in Section 104.002, the state
shall indemnify the following persons, without regard to whether
the persons performed their services for compensation, for actual
damages, court costs, and attorney's fees adjudged against:
(1) an employee, a member of the governing board, or
any other officer of a state agency, institution, or department;
(2) a former employee, former member of the governing
board, or any other former officer of a state agency, institution,
or department who was an employee or officer when the act or
omission on which the damages are based occurred;
(3) a physician or psychiatrist licensed in this state
who was performing services under a contract with any state agency,
institution, or department or a racing official performing services
under a contract with the Texas Racing Commission when the act or
omission on which the damages are based occurred;
(4) a chaplain or spiritual advisor who was performing
services under contract with the Texas Department of Criminal
Justice or[,] the Texas Youth Commission[, or the Texas Juvenile
Probation Commission] when the act or omission on which the damages
are based occurred;
(5) a person serving on the governing board of a
foundation, corporation, or association at the request and on
behalf of an institution of higher education, as that term is
defined by Section 61.003(8), Education Code, not including a
public junior college;
(6) a state contractor who signed a waste manifest as
required by a state contract; or
(7) the estate of a person listed in this section.
SECTION 16. Section 29.012(d), Education Code, is amended
to read as follows:
(d) The Texas Education Agency, the Texas Department of
Mental Health and Mental Retardation, the Texas Department of Human
Services, the Texas Department of Health, the Department of
Protective and Regulatory Services, the Interagency Council on
Early Childhood Intervention, the Texas Commission on Alcohol and
Drug Abuse, [the Texas Juvenile Probation Commission,] and the
Texas Youth Commission by a cooperative effort shall develop and by
rule adopt a memorandum of understanding. The memorandum must:
(1) establish the respective responsibilities of
school districts and of residential facilities for the provision of
a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and its subsequent amendments, including each requirement
for children with disabilities who reside in those facilities;
(2) coordinate regulatory and planning functions of
the parties to the memorandum;
(3) establish criteria for determining when a public
school will provide educational services;
(4) provide for appropriate educational space when
education services will be provided at the residential facility;
(5) establish measures designed to ensure the safety
of students and teachers; and
(6) provide for binding arbitration consistent with
Chapter 2009, Government Code, and Section 154.027, Civil Practice
and Remedies Code.
SECTION 17. Sections 37.011(a) and (f)-(h), Education Code,
are amended to read as follows:
(a) The juvenile board of a county with a population greater
than 125,000 shall develop a juvenile justice alternative education
program, subject to the approval of the [Texas] Juvenile Probation
Division of the Texas Youth Commission. The juvenile board of a
county with a population of 125,000 or less may develop a juvenile
justice alternative education program. A juvenile justice
alternative education program in a county with a population of
125,000 or less:
(1) is not required to be approved by the [Texas]
Juvenile Probation Division of the Texas Youth Commission; and
(2) is not subject to Subsection (c), (d), (f), or (g).
(f) A juvenile justice alternative education program must
operate at least seven hours per day and 180 days per year, except
that a program may apply to the [Texas] Juvenile Probation Division
of the Texas Youth Commission for a waiver of the 180-day
requirement. The commission may not grant a waiver to a program
under this subsection for a number of days that exceeds the highest
number of instructional days waived by the commissioner during the
same school year for a school district served by the program.
(g) A juvenile justice alternative education program shall
be subject to a written operating policy developed by the local
juvenile [justice] board and submitted to the [Texas] Juvenile
Probation Division of the Texas Youth Commission for review and
comment. A juvenile justice alternative education program is not
subject to a requirement imposed by this title, other than a
reporting requirement or a requirement imposed by this chapter or
by Chapter 39.
(h) Academically, the mission of juvenile justice
alternative education programs shall be to enable students to
perform at grade level. For purposes of accountability under
Chapter 39, a student enrolled in a juvenile justice alternative
education program is reported as if the student were enrolled at the
student's assigned campus in the student's regularly assigned
education program, including a special education program. Annually
the [Texas] Juvenile Probation Division of the Texas Youth
Commission, with the agreement of the commissioner, shall develop
and implement a system of accountability consistent with Chapter
39, where appropriate, to assure that students make progress toward
grade level while attending a juvenile justice alternative
education program. The Texas Youth [Juvenile Probation] Commission
shall adopt rules for the distribution of funds appropriated under
this section to juvenile boards in counties required to establish
juvenile justice alternative education programs. Except as
determined by the commissioner, a student served by a juvenile
justice alternative education program on the basis of an expulsion
under Section 37.007(a), (d), or (e) is not eligible for Foundation
School Program funding under Chapter 42 or 31 if the juvenile
justice alternative education program receives funding from the
[Texas] Juvenile Probation Division of the Texas Youth Commission
under this subchapter.
SECTION 18. Section 37.084(b), Education Code, is amended
to read as follows:
(b) The commissioner may enter into an interagency
agreement to share educational information for research and
analytical purposes with the:
(1) [Texas Juvenile Probation Commission;
[(2)] Texas Youth Commission;
(2) [(3)] Texas Department of Criminal Justice; and
(3) [(4)] Criminal Justice Policy Council.
SECTION 19. Section 37.203(a), Education Code, is amended
to read as follows:
(a) The center is governed by a board of directors composed
of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) [the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
[(4)] the executive director of the Texas Youth
Commission, or the executive director's designee;
(4) [(5)] the commissioner of the Texas Department of
Mental Health and Mental Retardation, or the commissioner's
designee; and
(5) [(6)] the following members appointed by the
governor with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
SECTION 20. Sections 51.12(c), (i), (j), and (l), Family
Code, are amended to read as follows:
(c) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect the juvenile pre-adjudication secure detention facilities
and any public or private juvenile secure correctional facilities
used for post-adjudication confinement that are located in the
county and operated under authority of the juvenile board at least
annually and shall certify in writing to the authorities
responsible for operating and giving financial support to the
facilities and to the [Texas] Juvenile Probation Division of the
Texas Youth Commission that they are suitable or unsuitable for the
detention of children in accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication or post-adjudication secure
confinement promulgated by the Texas Youth [Juvenile Probation]
Commission or, at the election of the juvenile board, the current
standards promulgated by the American Correctional Association.
(i) Except for a facility operated or certified by the Texas
Youth Commission or a facility as provided by Subsection (l), a
governmental unit or private entity that operates or contracts for
the operation of a juvenile pre-adjudication secure detention
facility or a juvenile post-adjudication secure correctional
facility in this state shall:
(1) register the facility annually with the [Texas]
Juvenile Probation Division of the Texas Youth Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(j) After being taken into custody, a child may be detained
in a secure detention facility until the child is released under
Section 53.01, 53.012, or 53.02 or until a detention hearing is held
under Section 54.01(a), regardless of whether the facility has been
certified under Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Youth [Juvenile Probation] Commission; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
(l) A child who is taken into custody and required to be
detained under Section 53.02(f) may be detained in a county jail or
other facility until the child is released under Section 53.02(f)
or until a detention hearing is held as required by Section
54.01(p), regardless of whether the facility complies with the
requirements of this section, if:
(1) a certified juvenile detention facility or a
secure detention facility described by Subsection (j) is not
available in the county in which the child is taken into custody or
in an adjacent county;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is located;
(3) the child is separated by sight and sound from
adults detained in the same facility through architectural design
or time-phasing;
(4) the child does not have any contact with
management or direct-care staff that has contact with adults
detained in the same facility on the same work shift;
(5) the county in which the child is taken into custody
is not located in a metropolitan statistical area as designated by
the United States Bureau of the Census; and
(6) each judge of the juvenile court and a majority of
the members of the juvenile board of the county in which the child
is taken into custody have personally inspected the facility at
least annually and have certified in writing to the [Texas]
Juvenile Probation Division of the Texas Youth Commission that the
facility complies with the requirements of Subdivisions (3) and
(4).
SECTION 21. Section 53.01(e), Family Code, is amended to
read as follows:
(e) If a juvenile board adopts an alternative referral plan
under Subsection (d), the board shall register the plan with the
[Texas] Juvenile Probation Division of the Texas Youth Commission.
SECTION 22. Section 53.03(d), Family Code, is amended to
read as follows:
(d) The court may adopt a fee schedule for deferred
prosecution services and rules for the waiver of a fee for financial
hardship in accordance with guidelines that the Texas Youth
[Juvenile Probation] Commission shall provide. The maximum fee is
$15 a month. If the court adopts a schedule and rules for waiver,
the probation officer or other designated officer of the court
shall collect the fee authorized by the schedule from the parent,
guardian, or custodian of a child for whom a deferred prosecution is
authorized under this section or waive the fee in accordance with
the rules adopted by the court. The officer shall deposit the fees
received under this section in the county treasury to the credit of
a special fund that may be used only for juvenile probation or
community-based juvenile corrections services or facilities in
which a juvenile may be required to live while under court
supervision. If the court does not adopt a schedule and rules for
waiver, a fee for deferred prosecution services may not be imposed.
SECTION 23. Section 54.0411(h), Family Code, is amended to
read as follows:
(h) The legislature shall determine and appropriate the
necessary amount from the juvenile probation diversion fund to the
[Texas] Juvenile Probation Division of the Texas Youth Commission
for the purchase of services the division [commission] considers
necessary for the diversion of any juvenile who is at risk of
commitment to the Texas Youth Commission. The Texas Youth
[Juvenile Probation] Commission shall develop guidelines for the
use of the fund. The division [commission] may not purchase the
services if a person responsible for the child's support or a local
juvenile probation department is financially able to provide the
services.
SECTION 24. Section 57.003(c), Family Code, is amended to
read as follows:
(c) The victim assistance coordinator shall ensure that a
victim, or close relative of a deceased victim, is afforded the
rights granted victims, guardians, and relatives by Section 57.002
and, on request, an explanation of those rights. The victim
assistance coordinator shall work closely with appropriate law
enforcement agencies, prosecuting attorneys, [the Texas Juvenile
Probation Commission,] and the Texas Youth Commission in carrying
out that duty.
SECTION 25. Section 58.005(a), Family Code, is amended to
read as follows:
(a) Information obtained for the purpose of diagnosis,
examination, evaluation, or treatment or for making a referral for
treatment of a child by a public or private agency or institution
providing supervision of a child by arrangement of the juvenile
court or having custody of the child under order of the juvenile
court may be disclosed only to:
(1) the professional staff or consultants of the
agency or institution;
(2) the judge, probation officers, and professional
staff or consultants of the juvenile court;
(3) an attorney for the child;
(4) a governmental agency if the disclosure is
required or authorized by law;
(5) a person or entity to whom the child is referred
for treatment or services if the agency or institution disclosing
the information has entered into a written confidentiality
agreement with the person or entity regarding the protection of the
disclosed information;
(6) the Texas Department of Criminal Justice and the
[Texas] Juvenile Probation Division of the Texas Youth Commission
for the purpose of maintaining statistical records of recidivism
and for diagnosis and classification; or
(7) with leave of the juvenile court, any other
person, agency, or institution having a legitimate interest in the
proceeding or in the work of the court.
SECTION 26. Section 58.102(b), Family Code, is amended to
read as follows:
(b) The department shall develop and maintain the system
with the cooperation and advice of the:
(1) Texas Youth Commission;
(2) [Texas Juvenile Probation Commission;
[(3)] Criminal Justice Policy Council; and
(3) [(4)] juvenile courts and clerks of juvenile
courts.
SECTION 27. Section 58.106(a), Family Code, is amended to
read as follows:
(a) Except as otherwise provided by this section,
information contained in the juvenile justice information system is
confidential information for the use of the department and may not
be disseminated by the department except:
(1) with the permission of the juvenile offender, to
military personnel of this state or the United States;
(2) to a person or entity to which the department may
grant access to adult criminal history records as provided by
Section 411.083, Government Code;
(3) to a juvenile justice agency; and
(4) to the Criminal Justice Policy Council and[,] the
Texas Youth Commission[, and the Texas Juvenile Probation
Commission] for analytical purposes.
SECTION 28. Section 58.112, Family Code, is amended to read
as follows:
Sec. 58.112. REPORT TO LEGISLATURE. Not later than August
15 of each year, the [Texas] Juvenile Probation Division of the
Texas Youth Commission shall submit to the lieutenant governor, the
speaker of the house of representatives, and the governor a report
that contains the following statistical information relating to
children referred to a juvenile court during the preceding year:
(1) the ages, races, and counties of residence of the
children transferred to a district court or criminal district court
for criminal proceedings; and
(2) the ages, races, and counties of residence of the
children committed to the Texas Youth Commission, placed on
probation, or discharged without any disposition.
SECTION 29. Section 58.204(b), Family Code, is amended to
read as follows:
(b) On certification of records in a case under Section
58.203, the department may permit access to the information in the
juvenile justice information system relating to the case of an
individual only:
(1) by a criminal justice agency for a criminal
justice purpose, as those terms are defined by Section 411.082,
Government Code; or
(2) for research purposes, by [the Texas Juvenile
Probation Commission,] the Texas Youth Commission[,] or the
Criminal Justice Policy Council.
SECTION 30. Section 58.209(c), Family Code, is amended to
read as follows:
(c) The [Texas Juvenile Probation Commission and the] Texas
Youth Commission shall adopt rules to implement this section and to
facilitate the effective explanation of the information required to
be communicated by this section.
SECTION 31. Section 59.011, Family Code, is amended to read
as follows:
Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
require the juvenile probation department to report progressive
sanction data electronically to the [Texas] Juvenile Probation
Division of the Texas Youth Commission in the format and time frames
specified by the division [commission].
SECTION 32. Section 232.002, Family Code, is amended to
read as follows:
Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
following are licensing authorities subject to this chapter:
(1) Department of Agriculture;
(2) Texas Commission on Alcohol and Drug Abuse;
(3) Texas Alcoholic Beverage Commission;
(4) Texas Appraiser Licensing and Certification
Board;
(5) Texas Board of Architectural Examiners;
(6) State Board of Barber Examiners;
(7) Texas Board of Chiropractic Examiners;
(8) Comptroller of Public Accounts;
(9) Texas Cosmetology Commission;
(10) Court Reporters Certification Board;
(11) State Board of Dental Examiners;
(12) Texas State Board of Examiners of Dietitians;
(13) Texas Funeral Service Commission;
(14) Texas Department of Health;
(15) Texas Department of Human Services;
(16) Texas Board of Professional Land Surveying;
(17) Texas Department of Licensing and Regulation;
(18) Texas State Board of Examiners of Marriage and
Family Therapists;
(19) Texas State Board of Medical Examiners;
(20) Midwifery Board;
(21) Texas [Natural Resource Conservation] Commission
on Environmental Quality;
(22) Board of Nurse Examiners;
(23) Texas Board of Occupational Therapy Examiners;
(24) Texas Optometry Board;
(25) Parks and Wildlife Department;
(26) Texas State Board of Examiners of Perfusionists;
(27) Texas State Board of Pharmacy;
(28) Texas Board of Physical Therapy Examiners;
(29) Texas State Board of Plumbing Examiners;
(30) Texas State Board of Podiatric Medical Examiners;
(31) Polygraph Examiners Board;
(32) Texas Commission on Private Security;
(33) Texas State Board of Examiners of Professional
Counselors;
(34) Texas Board of Professional Engineers;
(35) Department of Protective and Regulatory
Services;
(36) Texas State Board of Examiners of Psychologists;
(37) Texas State Board of Public Accountancy;
(38) Department of Public Safety of the State of
Texas;
(39) Public Utility Commission of Texas;
(40) Railroad Commission of Texas;
(41) Texas Real Estate Commission;
(42) State Bar of Texas;
(43) Texas State Board of Social Worker Examiners;
(44) State Board of Examiners for Speech-Language
Pathology and Audiology;
(45) Texas Structural Pest Control Board;
(46) Board of Tax Professional Examiners;
(47) Secretary of State;
(48) Supreme Court of Texas;
(49) Texas Transportation Commission;
(50) State Board of Veterinary Medical Examiners;
(51) Board of Vocational Nurse Examiners;
(52) Texas Ethics Commission;
(53) Advisory Board of Athletic Trainers;
(54) State Committee of Examiners in the Fitting and
Dispensing of Hearing Instruments;
(55) Texas Board of Licensure for Professional Medical
Physicists;
(56) Texas Department of Insurance;
(57) Texas Board of Orthotics and Prosthetics;
(58) savings and loan commissioner;
(59) [Texas] Juvenile Probation Division of the Texas
Youth Commission; and
(60) Texas Lottery Commission under Chapter 466,
Government Code.
SECTION 33. Section 261.401(c), Family Code, is amended to
read as follows:
(c) A state agency shall adopt rules relating to the
investigation and resolution of reports received as provided by
this subchapter. The Health and Human Services Commission shall
review and approve the rules of agencies other than the Texas
Department of Criminal Justice or[,] Texas Youth Commission[, or
Texas Juvenile Probation Commission] to ensure that those agencies
implement appropriate standards for the conduct of investigations
and that uniformity exists among agencies in the investigation and
resolution of reports.
SECTION 34. Sections 261.405(b) and (c), Family Code, are
amended to read as follows:
(b) A report of alleged abuse or neglect in any juvenile
justice program or facility shall be made to the Department of
Protective and Regulatory Services [Texas Juvenile Probation
Commission] and a local law enforcement agency for investigation.
(c) The Department of Protective and Regulatory Services
[Texas Juvenile Probation Commission] shall conduct an
investigation as provided by this chapter if the department
[commission] receives a report of alleged abuse or neglect in any
juvenile justice program or facility.
SECTION 35. Section 261.407(c), Family Code, is amended to
read as follows:
(c) This section does not apply to a facility under the
jurisdiction of the Texas Department of Criminal Justice or[,]
Texas Youth Commission[, or Texas Juvenile Probation Commission].
SECTION 36. Section 261.408(c), Family Code, is amended to
read as follows:
(c) This section does not apply to a facility under the
jurisdiction of the Texas Department of Criminal Justice or[,]
Texas Youth Commission[, or Texas Juvenile Probation Commission].
SECTION 37. Section 264.701(b), Family Code, is amended to
read as follows:
(b) The committee is appointed by the Board of Protective
and Regulatory Services and is composed of the following 15
members:
(1) an officer or employee of the Texas Education
Agency;
(2) two officers or employees of the Department of
Protective and Regulatory Services;
(3) an officer or employee of the [Texas] Juvenile
Probation Division of the Texas Youth Commission;
(4) an officer or employee of the Texas Department of
Mental Health and Mental Retardation;
(5) an officer or employee of the Health and Human
Services Commission;
(6) three members of the public who have knowledge of
and experience in the area of delivery of services relating to child
abuse and neglect;
(7) three members of the public who have knowledge of
and experience in the area of evaluation of programs relating to the
prevention and treatment of child abuse and neglect; and
(8) three members of the public who are or have been
recipients of services relating to the prevention or treatment of
child abuse or neglect.
SECTION 38. Section 411.137, Government Code, as added by
Chapter 1297, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: [TEXAS] JUVENILE PROBATION DIVISION OF THE TEXAS
YOUTH COMMISSION. The [Texas] Juvenile Probation Division of the
Texas Youth Commission is entitled to obtain from the department
criminal history record information maintained by the department
that relates to a person who is:
(1) an applicant for a position with the division
[commission];
(2) an applicant for certification from the division
[commission]; or
(3) a holder of a certification from the division
[commission].
SECTION 39. Section 411.138, Government Code, is amended to
read as follows:
Sec. 411.138. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT. A
juvenile board or juvenile probation department is entitled to
obtain from the department criminal history record information
maintained by the department that relates to a person who is:
(1) an applicant for a position with the juvenile
probation department;
(2) an employee for whom the juvenile board or
juvenile probation department will seek certification from the
[Texas] Juvenile Probation Division of the Texas Youth Commission;
or
(3) an employee or department applicant who currently
holds certification from the [Texas] Juvenile Probation Division of
the Texas Youth Commission.
SECTION 40. Section 531.016(a), Government Code, is amended
to read as follows:
(a) The commission and[,] the Texas Youth Commission[, and
the Texas Juvenile Probation Commission] shall periodically
review, document, and compare the accessibility and funding of
facilities, services, and treatment provided to females under 18
years of age to the accessibility and funding of facilities,
services, and treatment provided to males in the same age group.
SECTION 41. Section 531.047(a), Government Code, is amended
to read as follows:
(a) The commission, after consulting with representatives
from the Department of Protective and Regulatory Services, the
[Texas] Juvenile Probation Division of the Texas Youth Commission,
and the Texas Department of Mental Health and Mental Retardation,
shall by rule adopt result-oriented standards that a provider of
substitute care services for children under the care of the state
must achieve.
SECTION 42. Section 531.251(a), Government Code, is amended
to read as follows:
(a) The commission shall form a consortium to develop
criteria for and implement the expansion of the Texas Integrated
Funding Initiative pilot project and to develop local mental health
care systems in communities for minors who are receiving
residential mental health services or who are at risk of
residential placement to receive mental health services. The
consortium must include representatives of the Texas Department of
Mental Health and Mental Retardation, Department of Protective and
Regulatory Services, Texas Education Agency, Texas Youth
Commission, [Texas Juvenile Probation Commission,] and Texas
Commission on Alcohol and Drug Abuse and an equal number of family
advocates.
SECTION 43. Section 81.010(c), Health and Safety Code, is
amended to read as follows:
(c) The council consists of one representative from each of
the following agencies appointed by the executive director or
commissioner of each agency:
(1) the department;
(2) the Texas Department of Mental Health and Mental
Retardation;
(3) the Texas Department of Human Services;
(4) the Texas Commission on Alcohol and Drug Abuse;
(5) the Texas Rehabilitation Commission;
(6) the Texas Youth Commission;
(7) the Texas Department of Criminal Justice;
(8) [the Texas Juvenile Probation Commission;
[(9)] the Texas Commission for the Blind;
(9) [(10)] the Texas Commission for the Deaf and Hard
of Hearing;
(10) [(11)] the Department of Protective and
Regulatory Services;
(11) [(12)] the Texas Education Agency;
(12) [(13)] the Texas State Board of Medical
Examiners;
(13) [(14)] the Board of Nurse Examiners;
(14) [(15)] the Board of Vocational Nurse Examiners;
(15) [(16)] the State Board of Dental Examiners;
(16) [(17)] the Health and Human Services Commission;
(17) [(18)] the Texas Department on Aging; and
(18) [(19)] the Texas Workforce Commission.
SECTION 44. Section 85.113, Health and Safety Code, is
amended to read as follows:
Sec. 85.113. WORKPLACE GUIDELINES FOR STATE CONTRACTORS.
An entity that contracts with or is funded by any of the following
state agencies to operate a program involving direct client contact
shall adopt and implement workplace guidelines similar to the
guidelines adopted by the agency that funds or contracts with the
entity:
(1) the Texas Commission on Alcohol and Drug Abuse;
(2) the Texas Commission for the Blind;
(3) the Texas Commission for the Deaf and Hard of
Hearing;
(4) [the Texas Juvenile Probation Commission;
[(5)] the Texas Department of Criminal Justice;
(5) [(6)] the Texas Youth Commission;
(6) [(7)] the department;
(7) [(8)] the Texas Department of Human Services;
(8) [(9)] the Texas Department of Mental Health and
Mental Retardation; and
(9) [(10)] the Texas Rehabilitation Commission.
SECTION 45. Section 461.0123(a), Health and Safety Code, is
amended to read as follows:
(a) The Texas Department of Human Services, the Texas
Department of Mental Health and Mental Retardation, and the Texas
Youth Commission[, and the Texas Juvenile Probation Commission]
shall:
(1) attempt to determine whether a child under the
agency's jurisdiction is involved in substance abuse or is from a
substance-abusing family;
(2) record its determination in the case record of the
child; and
(3) record the information for statistical reporting
purposes.
SECTION 46. Section 461.017(a), Health and Safety Code, is
amended to read as follows:
(a) The Drug Demand Reduction Advisory Committee is
composed of the following 20 members:
(1) five representatives of the public from different
geographic regions of the state who have knowledge and expertise in
issues relating to reducing drug demand and who are appointed by the
executive director of the Texas Commission on Alcohol and Drug
Abuse; and
(2) one representative of each of the following
agencies or offices who is appointed by the executive director or
commissioner of the agency or office and who is directly involved in
the agency's or office's policies, programs, or funding activities
relating to reducing drug demand:
(A) the criminal justice division of the
governor's office;
(B) the Criminal Justice Policy Council;
(C) the Department of Protective and Regulatory
Services;
(D) the Department of Public Safety of the State
of Texas;
(E) the Health and Human Services Commission;
(F) the Texas Alcoholic Beverage Commission;
(G) the Texas Commission on Alcohol and Drug
Abuse;
(H) the Texas Council on Offenders with Mental
Impairments;
(I) the Texas Department of Criminal Justice;
(J) the Texas Department of Health;
(K) the Texas Department of Human Services;
(L) the Texas Department of Mental Health and
Mental Retardation;
(M) the Texas Education Agency;
(N) the [Texas] Juvenile Probation Division of
the Texas Youth Commission; and
(O) the Texas Youth Commission.
SECTION 47. Section 533.0415(a), Health and Safety Code, is
amended to read as follows:
(a) The department, the Texas Department of Human Services,
the Texas Youth Commission, [the Texas Juvenile Probation
Commission,] and the Texas Education Agency by rule shall adopt a
joint memorandum of understanding to develop interagency training
for the staffs of the agencies involved in the functions of
assessment, case planning, case management, and in-home or direct
delivery of services to children, youth, and their families. The
memorandum must:
(1) outline the responsibility of each agency in
coordinating and developing a plan for interagency training on
individualized assessment and effective intervention and treatment
services for children and dysfunctional families; and
(2) provide for the establishment of an interagency
task force to:
(A) develop a training program to include
identified competencies, content, and hours for completion of the
training with at least 20 hours of training required each year until
the program is completed;
(B) design a plan for implementing the program,
including regional site selection, frequency of training, and
selection of experienced clinical public and private professionals
or consultants to lead the training;
(C) monitor, evaluate, and revise the training
program, including the development of additional curricula based on
future training needs identified by staff and professionals; and
(D) submit a report to the governor, lieutenant
governor, and speaker of the house of representatives by October 15
of each even-numbered year.
SECTION 48. Section 614.002(e), Health and Safety Code, is
amended to read as follows:
(e) The executive head of each of the following agencies,
divisions of agencies, or associations, or that person's designated
representative, shall serve as a member of the council:
(1) the institutional division of the Texas Department
of Criminal Justice;
(2) the Texas Department of Mental Health and Mental
Retardation;
(3) the pardons and paroles division of the Texas
Department of Criminal Justice;
(4) the community justice assistance division of the
Texas Department of Criminal Justice;
(5) the state jail division of the Texas Department of
Criminal Justice;
(6) the [Texas] Juvenile Probation Division of the
Texas Youth Commission;
(7) the Texas Youth Commission;
(8) the Texas Rehabilitation Commission;
(9) the Texas Education Agency;
(10) the Criminal Justice Policy Council;
(11) the Mental Health Association in Texas;
(12) the Texas Commission on Alcohol and Drug Abuse;
(13) the Commission on Law Enforcement Officer
Standards and Education;
(14) the Texas Council of Community Mental Health and
Mental Retardation Centers;
(15) the Commission on Jail Standards;
(16) the Texas Council for Developmental
Disabilities;
(17) the Texas Association for Retarded Citizens;
(18) the Texas Alliance for the Mentally Ill;
(19) the Parent Association for the Retarded of Texas,
Inc.;
(20) the Texas Department of Human Services; and
(21) the Texas Department on Aging.
SECTION 49. Section 614.017(c)(1), Health and Safety Code,
is amended to read as follows:
(1) "Agency" includes any of the following entities
and individuals, a person with an agency relationship with one of
the following entities or individuals, and a person who contracts
with one or more of the following entities or individuals:
(A) the institutional division of the Texas
Department of Criminal Justice;
(B) the pardons and paroles division of the Texas
Department of Criminal Justice;
(C) the community justice assistance division of
the Texas Department of Criminal Justice;
(D) the state jail division of the Texas
Department of Criminal Justice;
(E) the Texas Department of Mental Health and
Mental Retardation;
(F) the [Texas] Juvenile Probation Division of
the Texas Youth Commission;
(G) the Texas Youth Commission;
(H) the Texas Rehabilitation Commission;
(I) the Texas Education Agency;
(J) the Criminal Justice Policy Council;
(K) the Texas Commission on Alcohol and Drug
Abuse;
(L) the Commission on Jail Standards;
(M) the Texas Department of Human Services;
(N) the Texas Department on Aging;
(O) the Texas School for the Blind and Visually
Impaired;
(P) the Texas Department of Health;
(Q) the Texas Commission for the Deaf and Hard of
Hearing;
(R) community supervision and corrections
departments;
(S) personal bond pretrial release offices
established under Article 17.42, Code of Criminal Procedure;
(T) local jails regulated by the Commission on
Jail Standards;
(U) a municipal or county health department;
(V) a hospital district;
(W) a judge of this state with jurisdiction over
criminal cases; and
(X) an attorney who is appointed or retained to
represent a special needs offender.
SECTION 50. Section 614.019, Health and Safety Code, as
added by Chapter 328, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Sec. 614.019. PILOT PROGRAMS FOR JUVENILES. The council,
in cooperation with the Texas Commission on Alcohol and Drug Abuse,
the Texas Department of Mental Health and Mental Retardation, the
Department of Protective and Regulatory Services, [the Texas
Juvenile Probation Commission,] the Texas Youth Commission, and the
Texas Education Agency, may establish pilot programs, building on
existing successful efforts in communities, to address prevention,
intervention, and continuity of care for juveniles with mental
health and substance abuse disorders.
SECTION 51. Section 42.052(g), Human Resources Code, is
amended to read as follows:
(g) The certification requirements of this section do not
apply to a Texas Youth Commission facility[, a Texas Juvenile
Probation Commission facility,] or a facility providing services
solely for the Texas Youth Commission.
SECTION 52. Section 63.009, Human Resources Code, is
amended to read as follows:
Sec. 63.009. POLICIES. The board of trustees shall develop
policies consistent with the rules, regulations, and standards of
the Texas Youth Commission and the Juvenile Probation Division of
the Texas Youth Commission.
SECTION 53. Section 63.010, Human Resources Code, is
amended to read as follows:
Sec. 63.010. STANDARDIZATION OF QUALIFICATIONS FOR
PERSONNEL POSITIONS. The board of trustees shall standardize
qualifications for personnel positions in the community center
consistent with those established by the Texas Youth [Juvenile
Probation] Commission.
SECTION 54. Section 63.019, Human Resources Code, is
amended to read as follows:
Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES.
The board of trustees may make rules consistent with those
promulgated by the Texas Youth [Juvenile Probation] Commission and
the policies, principles, and standards provided in this Act to
regulate the administration of services by the facility to the
juveniles placed into the facility.
SECTION 55. Section 63.020, Human Resources Code, is
amended to read as follows:
Sec. 63.020. SERVICES PROVIDED. The board of trustees will
provide at least the following services to a juvenile who is placed
into the facility:
(1) Education. Upon admission into the facility, the
juvenile will be tested to determine his educational level, and a
program of instruction consistent with the juvenile's educational
level shall be developed to educate the juvenile. Education shall
be given to each juvenile admitted in the facility consistent with
the standards set forth by the Texas Youth [Juvenile Probation]
Commission.
(2) Counseling. Upon admission into the facility, the
juvenile shall be examined by a trained psychologist or
psychiatrist to determine if the juvenile would benefit from a
program of counseling. At the completion of such examination, the
findings of the psychologist or psychiatrist shall be forwarded to
the director in the form of a recommendation that counseling be
given to the juvenile, along with a program of counseling to be
adhered to by the staff of the facility.
SECTION 56. Section 142.002(a), Human Resources Code, is
amended to read as follows:
(a) A juvenile board may, with the advice and consent of the
commissioners court, employ probation officers and administrative,
supervisory, stenographic, and other clerical personnel necessary
to provide juvenile probation services according to the standards
established by the Texas Youth [Juvenile Probation] Commission and
the local need as determined by the juvenile board.
SECTION 57. Section 152.0007, Human Resources Code, is
amended to read as follows:
Sec. 152.0007. DUTIES. (a) The juvenile board shall:
(1) establish a juvenile probation department and
employ a chief probation officer who meets the standards set by the
Texas Youth [Juvenile Probation] Commission; and
(2) adopt a budget and establish policies, including
financial policies, for juvenile services within the jurisdiction
of the board.
(b) The board may establish guidelines for the initial
assessment of a child by the juvenile probation department. The
guidelines shall provide a means for assessing a child's mental
health status, family background, and level of education. The
guidelines shall assist the probation department in determining
whether a comprehensive psychological evaluation of the child
should be conducted. The board shall require that probation
department personnel use assessment information compiled by the
child's school, if the information is available, before conducting
a comprehensive psychological evaluation of the child. The board
may adopt all or part of the Texas Youth [Juvenile Probation]
Commission's minimum standards for assessment under Section 61.146
[141.042] in complying with this subsection.
SECTION 58. Section 152.0008(a), Human Resources Code, is
amended to read as follows:
(a) The chief juvenile probation officer may, within the
budget adopted by the board, employ:
(1) assistant officers who meet the standards set by
the Texas Youth [Juvenile Probation] Commission; and
(2) other necessary personnel.
SECTION 59. Section 152.0301(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the [Texas] Juvenile Probation Division of the
Texas Youth Commission as prescribed by Section 61.149 [141.044];
and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 60. Section 152.0461(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall pay the salaries of juvenile
probation personnel and other expenses the chairman certifies as
essential to provide services to the children of Cochran County
from the juvenile board fund to the extent of the state aid received
in the fund. The salaries approved by the commissioners court may
be paid from funds received for that purpose from the [Texas]
Juvenile Probation Division of the Texas Youth Commission. The
commissioners court shall pay the remaining approved salaries of
juvenile probation personnel and other expenses certified as
necessary by the juvenile board chairman from the general funds of
the county.
SECTION 61. Section 152.0791(g), Human Resources Code, is
amended to read as follows:
(g) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the [Texas] Juvenile Probation Division of the
Texas Youth Commission as prescribed by Section 61.149 [141.044];
and
(2) submit periodic financial and statistical reports
to the commissioners courts.
SECTION 62. Section 152.1161(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall pay the salaries of juvenile
probation personnel and other expenses the chairman certifies as
essential to provide services to the children of Hockley County
from the juvenile board fund to the extent of the state aid received
in the fund. The salaries approved by the commissioners court may
be paid from funds received for that purpose from the [Texas]
Juvenile Probation Division of the Texas Youth Commission. The
commissioners court shall pay the remaining approved salaries of
juvenile probation personnel and other expenses certified as
necessary by the juvenile board chairman from the general funds of
the county.
SECTION 63. Section 152.1371(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the [Texas] Juvenile Probation Division of the
Texas Youth Commission as prescribed by Section 61.149 [141.044];
and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 64. Section 152.1431(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the [Texas] Juvenile Probation Division of the
Texas Youth Commission as prescribed by Section 61.149 [141.044];
and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 65. Sections 152.2361(g) and (h), Human Resources
Code, are amended to read as follows:
(g) The juvenile board shall make the financial and
statistical records and reports the board is required to make to the
[Texas] Juvenile Probation Division of the Texas Youth Commission
available to the commissioners court.
(h) The juvenile board shall establish a juvenile probation
department and, with the approval of the commissioners court,
employ personnel, including a chief probation officer, necessary to
provide probation services to youth in accordance with the Family
Code. The personnel must meet the standards set by the Texas Youth
[Juvenile Probation] Commission. The juvenile board may discharge
the employees with the approval of the commissioners court.
SECTION 66. Section 152.2401(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall make the financial and
statistical records and reports the board is required to make to the
[Texas] Juvenile Probation Division of the Texas Youth Commission
available to the commissioners court.
SECTION 67. Section 152.2511(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall ensure that the chief juvenile
officer and fiscal officer:
(1) keep the financial and statistical records and
submit reports to the [Texas] Juvenile Probation Division of the
Texas Youth Commission as prescribed by Section 61.149 [141.044];
and
(2) submit periodic financial and statistical reports
to the county commissioners court.
SECTION 68. Section 152.2561(l), Human Resources Code, is
amended to read as follows:
(l) The board shall make available to the commissioners
court the financial and statistical reports required by the [Texas]
Juvenile Probation Division of the Texas Youth Commission.
SECTION 69. Section 721.003(a), Transportation Code, is
amended to read as follows:
(a) The governing bodies of the following state agencies or
divisions by rule may exempt from the requirements of Section
721.002 a motor vehicle that is under the control and custody of the
agency or division:
(1) Texas Commission on Fire Protection;
(2) Texas State Board of Pharmacy;
(3) Texas Department of Mental Health and Mental
Retardation;
(4) Department of Public Safety of the State of Texas;
(5) the institutional division or the pardons and
paroles division of the Texas Department of Criminal Justice;
(6) Board of Pardons and Paroles;
(7) Parks and Wildlife Department;
(8) Railroad Commission of Texas;
(9) Texas Alcoholic Beverage Commission;
(10) Texas Department of Banking;
(11) Savings and Loan Department;
(12) [Texas Juvenile Probation Commission;
[(13)] Texas [Natural Resource Conservation]
Commission on Environmental Quality;
(13) [(14)] Texas Youth Commission;
(14) [(15)] Texas Lottery Commission;
(15) [(16)] the office of the attorney general;
(16) [(17)] Texas Department of Insurance; and
(17) [(18)] an agency that receives an appropriation
under an article of the General Appropriations Act that
appropriates money to the legislature.
SECTION 70. Section 5A(b), Chapter 462, Acts of the 68th
Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
Texas Civil Statutes), is amended to read as follows:
(b) The executive head of each of the following agencies or
divisions or the designated representative of the executive head
shall serve as a member of the interagency advisory committee:
(1) Texas Department of Criminal Justice;
(2) [Texas] Juvenile Probation Division of the Texas
Youth Commission;
(3) Texas Department of Mental Health and Mental
Retardation;
(4) Texas Youth Commission;
(5) Sam Houston State University;
(6) Department of Protective and Regulatory Services;
and
(7) Texas Council of Community Mental Health and
Mental Retardation Centers.
SECTION 71. Article 61.10(f), Code of Criminal Procedure,
is amended to read as follows:
(f) The task force shall consist of:
(1) a representative of the Department of Public
Safety designated by the director of that agency;
(2) a representative of the Texas Department of
Criminal Justice designated by the executive director of that
agency;
(3) a representative of the Texas Youth Commission
designated by the executive director of that agency;
(4) a representative of the [Texas] Juvenile Probation
Division of the Texas Youth Commission designated by the
[executive] director of that division [agency];
(5) a representative of the Criminal Justice Policy
Council designated by the executive director of that agency;
(6) a representative of the office of the attorney
general designated by the attorney general; and
(7) three local law enforcement or adult or juvenile
community supervision personnel and a prosecuting attorney
designated by the governor.
SECTION 72. Article 62.02(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The department shall provide the Texas Department of
Criminal Justice, the Texas Youth Commission, [the Texas Juvenile
Probation Commission,] and each local law enforcement authority,
county jail, and court with a form for registering persons required
by this chapter to register. The registration form shall require:
(1) the person's full name, each alias, date of birth,
sex, race, height, weight, eye color, hair color, social security
number, driver's license number, shoe size, and home address;
(2) a recent color photograph or, if possible, an
electronic digital image of the person and a complete set of the
person's fingerprints;
(3) the type of offense the person was convicted of,
the age of the victim, the date of conviction, and the punishment
received;
(4) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(5) an indication of each license, as defined by
Article 62.08(f), that is held or sought by the person; and
(6) any other information required by the department.
SECTION 73. Article 62.091, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.091. GENERAL IMMUNITY. The following persons are
immune from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Youth Commission, [the Texas Juvenile
Probation Commission,] or the Department of Public Safety;
(2) an employee or officer of a community supervision
and corrections department or a juvenile probation department; and
(3) a member of the judiciary.
SECTION 74. Section 61.0911 and Chapter 141, Human
Resources Code, are repealed.
SECTION 75. The changes in law made by this Act to Section
61.012, Human Resources Code, relating to the qualifications of
members of the governing board of the Texas Youth Commission do not
affect the entitlement of a member of the governing board serving
immediately before the effective date of this Act to continue to
serve on the governing board for the term to which the member was
appointed. As the terms of the members of the governing board
expire or as vacancies on the governing board occur, the governor
shall make appointments to the governing board to achieve as soon as
possible the membership plan prescribed by Section 61.012, Human
Resources Code, as amended by this Act.
SECTION 76. (a) On September 1, 2003:
(1) the Texas Juvenile Probation Commission is
abolished and is replaced by the Juvenile Probation Division of the
Texas Youth Commission as the juvenile probation services provider
for state government;
(2) all money, records and other property, contracts,
contract negotiations, leases, rights, and obligations of the Texas
Juvenile Probation Commission are transferred to the Texas Youth
Commission or to the Juvenile Probation Division of the Texas Youth
Commission, as consistent with this Act;
(3) all functions and activities performed by the
Texas Juvenile Probation Commission are transferred to the Texas
Youth Commission or to the Juvenile Probation Division of the Texas
Youth Commission, as consistent with this Act;
(4) all full-time employees of the Texas Juvenile
Probation Commission become employees of the Juvenile Probation
Division of the Texas Youth Commission for a period not to exceed
nine months from the effective date of this Act, after which those
employees shall be dismissed, hired by the Texas Youth Commission,
or transferred to another state agency;
(5) a rule or form adopted by the Texas Juvenile
Probation Commission is continued as a rule or form of the Texas
Youth Commission and remains in effect until changed by the
commission;
(6) a reference in law to the Texas Juvenile Probation
Commission means the Juvenile Probation Division of the Texas Youth
Commission; and
(7) all funds appropriated by the legislature to the
Texas Juvenile Probation Commission are transferred to the Texas
Youth Commission.
(b) The Texas Youth Commission shall allocate funds to the
Juvenile Probation Division of the Texas Youth Commission as
needed.
(c) The validity of an action taken by the Texas Juvenile
Probation Commission before it is abolished by this Act is not
affected by the abolition.
SECTION 77. This Act takes effect September 1, 2003.