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By:  Staples                                                      S.B. No. 1307


A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Juvenile Probation 
Commission to issue subpoenas, administer oaths, receive evidence, 
and gather information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 141, Human Resources Code, 
is amended by adding Section 141.0461 to read as follows:
	Sec. 141.0461.  AUTHORITY TO ISSUE SUBPOENAS, ADMINISTER 
OATHS, RECEIVE EVIDENCE, AND GATHER INFORMATION.  (a)  The 
commission may issue a subpoena requiring the attendance of a 
witness or the production of any record, book, paper, document, 
data, or other evidence maintained by electronic or other means 
that the commission considers necessary for the investigation of 
abuse, neglect or exploitation allegations, complaints, financial 
and programmatic audits, or any matter under the authority of the 
commission.  The commission may issue a subpoena under this 
subsection only if the subpoena is signed by at least two members of 
the commission.
	(b)  Any peace officer, commission investigator, other 
commission official, or person authorized under Article 24.01, Code 
of Criminal Procedure, may serve the subpoena in the same manner as 
similar process in a court of record having original jurisdiction 
of criminal actions is served.
	(c)  Under this section, subpoenas shall be served and 
witness fees and mileage paid as in civil cases in the district 
court in the county to which the witness is called, unless the 
proceeding for which the service or payment is made is pursuant to 
Chapter 2001, Government Code, in which case the service or payment 
shall be made as provided by that chapter.  The commission shall pay 
the fees and mileage of a witness subpoenaed at the instance of the 
commission out of funds appropriated for that purpose.
	(d)  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 commission by an attachment for contempt or 
in the same manner as the court may otherwise compel the production 
of evidence.
	(e)  The chairman or another member of the commission may 
administer an oath to a witness in attendance before the commission 
or before an authorized representative of the commission.
	(f)  If a witness in attendance before the commission or 
before an authorized representative of the commission refuses 
without reasonable cause to be examined or answer a legal or 
pertinent question, or to produce a book, record, paper, document, 
data, or other evidence maintained by electronic or other means 
when ordered by the commission to do so, the commission may apply to 
the district court for a rule or order returnable in not fewer than 
two or more than five days, directing the witness to show cause 
before the judge why the witness should not be punished for 
contempt.  The commission may apply to the district court of any 
county in which the witness is in attendance, on proof by affidavit 
of the fact, unless the order of contempt is sought under Chapter 
2001, Government Code, in which case the commission shall apply to a 
district court of Travis County in conformity with that chapter.  On 
return of the order, the judge hearing the matter shall examine the 
witness under oath, and the witness shall be given an opportunity to 
be heard.  If the judge determines that the witness has refused, 
without reasonable cause or legal excuse, to be examined or answer a 
legal or pertinent question, or to produce a book, record, paper, 
document, data, or other evidence maintained by electronic or other 
means that the witness was ordered to bring or produce, the judge 
may punish the offender as for contempt of court.
	(g)  The commission shall be granted access at any reasonable 
time to any books, records, papers, documents, data, or other 
evidence maintained by electronic or other means that is related to 
any matter the commission or executive director considers necessary 
to administer the commission's functions, powers, and duties.
	SECTION 2.  This Act takes effect September 1, 2005.                           


COMMITTEE AMENDMENT NO. 1
	Amend S.B. No. 1307 (engrossed version) in SECTION 1 of the 
bill, in added Section 141.0461(a), Human Resources Code (page 1, 
lines 17 and 18), by striking "by at least two members of the 
commission" and substituting "by:
		(1)  the chairman of the commission or, if the chairman 
is unavailable, the vice-chairman of the commission; and
		(2)  at least two other members of the commission, 
including a member who is a judge".

79R18233 SLO-D                                                          Dutton