BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1113

80R16933 DAK-F                                                                                               By: Turner (Uresti)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/17/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Concerns have been raised as a result of recent reports regarding the types and amounts of psychotropic medications prescribed to children under the supervision of state agencies and entities.  Over 70,000 children in Texas are under the supervision of the Texas Juvenile Probation Commission (commission), and it is important the state ensure that children within the commission’s custody be protected from possible psychotropic abuse.

 

H.B. 1113 prohibits the commission from permitting certain types of research to be conducted on children within the juvenile probation system (system).  The bill also requires the commission to submit a report to certain governmental personnel regarding research conducted on children within the system.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter C, Chapter 141, Human Resources Code, by adding Sections 141.0485 and 141.0486, as follows:

 

Sec. 141.0485.  RESEARCH.  (a)  Prohibits the Texas Juvenile Probation Commission (commission) from permitting medical, pharmaceutical, or cosmetic research to be conducted on a child within the juvenile probation system, notwithstanding any other provision of this chapter, including Section 141.048 (Studies).

 

(b)  Provides that this section does not apply to survey research or retrospective studies that are based only on medical records, claims data, or outcome data.

 

Sec. 141.0486.  REPORTING CONCERNING RESEARCH PROGRAMS OR STUDIES.  (a)  Requires the commission to keep records relating to children within the juvenile probation system that participate in research programs or studies.

 

(b)  Requires the records to show, for each calendar quarter and for each calendar year, certain information set forth in this subsection.

 

(c)  Requires the commission to submit a report that contains the information in the records kept under Subsection (b) on or before the 15th day after the last day of the appropriate reporting period to certain individuals set forth in this subsection.

 

(d)  Provides that a report submitted under this section is public information under Chapter 552 (Public Information), Government Code.

 

SECTION 2.  Provides that this Act applies to a child within the juvenile probation system without regard to whether the child entered the probation system before, on, or after its effective date. 

 

SECTION 3.  Effective date: upon passage or September 1, 2007.