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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on and reporting concerning medical, |
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psychiatric, and other research on children committed to the Texas |
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Youth Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.076, Human Resources Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) As a means of correcting the socially harmful tendencies |
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of a child committed to it, the commission may, subject to |
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Subsection (c): |
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(1) require the child to participate in moral, |
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academic, vocational, physical, and correctional training and |
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activities; |
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(2) require the modes of life and conduct that seem |
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best adapted to fit the child for return to full liberty without |
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danger to the public; |
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(3) provide any medical or psychiatric treatment that |
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is necessary; and |
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(4) place physically fit children in |
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parks-maintenance camps, forestry camps, or ranches owned by the |
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state or the United States and require the performance of suitable |
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conservation and maintenance work. |
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(c) The commission may not allow a child committed to it to |
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participate in a medical, psychiatric, or other type of research |
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program or study. This subsection does not apply to survey research |
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or retrospective studies that are based only on medical records, |
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claims data, or outcome data. |
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SECTION 2. Subchapter E, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0763 to read as follows: |
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Sec. 61.0763. REPORTING CONCERNING RESEARCH PROGRAMS OR |
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STUDIES. (a) The commission shall keep records relating to |
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children committed to it that participate in research programs or |
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studies. |
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(b) The records must show, for each calendar quarter and for |
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each calendar year: |
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(1) the number of children participating in research |
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programs or studies for the appropriate reporting period; |
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(2) the type of research program or study in which each |
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child is participating; |
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(3) the name of the principal investigator conducting |
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the research program or study; and |
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(4) the entity sponsoring the research program or |
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study. |
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(c) The commission shall submit a report that contains the |
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information in the records kept under Subsection (b) on or before |
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the 15th day after the last day of the appropriate reporting period |
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to the: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) speaker of the house of representatives; and |
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(4) members of the legislature. |
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(d) A report submitted under this section is public |
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information under Chapter 552, Government Code. |
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SECTION 3. This Act applies to a child committed to the |
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Texas Youth Commission without regard to whether the child was |
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committed before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |