80R8212 SLO-D
 
  By: Dutton H.B. No. 2512
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the capacity and location of correctional facilities
operated by the Texas Youth Commission and the transfer of
correctional facilities from the Texas Youth Commission to the
Texas Department of Criminal Justice.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Sections 61.055 and 61.056 to read as follows:
       Sec. 61.055.  MAXIMUM CAPACITY. (a) Except as provided by
Subsection (b), the total maximum capacity for residential
facilities, including halfway houses, operated by or under contract
with the commission is 3,000.
       (b)  Subject to the approval of the governor, the commission
may confine more than 3,000 children in residential facilities
operated by or under contract with the commission if the commission
determines that the number of children committed to the commission
who are in need of placement in residential facilities exceeds
3,000.
       Sec. 61.056.  RESIDENTIAL FACILITIES. (a) To ensure that a
child committed to the commission is confined in a residential
facility located in or near the county in which the child resides,
the commission:
             (1)  shall operate one or more community-based
residential facilities in each county in this state that has a
population of at least 600,000; and
             (2)  may operate a community-based residential
facility in any other county.
       (b)  Notwithstanding other law, the commission may confine a
child committed to the commission only in a community-based
residential facility described by Subsection (a).
       (c)  Except as otherwise provided by this subsection, the
commission may confine a child committed to the commission only in a
residential facility that is located in the county in which the
child resides. A child committed to the commission who resides in a
county in which the commission does not operate a residential
facility may be confined only in the residential facility that is
nearest to the county in which the child resides.
       (d)  The commission may not confine more than 100 children in
any residential facility operated by or under contract with the
commission.
       (e)  Not later than September 1, 2008, the commission shall
transfer to the Texas Department of Criminal Justice any
residential facility designed to house more than 100 children that
is owned by this state and operated by or under contract with the
commission. This subsection expires October 1, 2008.
       SECTION 2.  Section 61.049, Human Resources Code, is
repealed.
       SECTION 3.  (a) Not later than September 1, 2008, the Texas
Youth Commission shall comply with the requirements prescribed by
Sections 61.055 and 61.056, Human Resources Code, as added by this
Act.
       (b)  On September 1, 2008:
             (1)  all residential facilities designed to house more
than 100 children that are operated by or under contract with the
Texas Youth Commission, including any contracts or leases related
to those facilities, are transferred to the Texas Department of
Criminal Justice; and
             (2)  each employee of a residential facility designed
to house more than 100 children that is operated by or under
contract with the Texas Youth Commission must reapply to the Texas
Youth Commission to continue employment with the commission.
       (c)  The Texas Department of Criminal Justice may use a
residential facility transferred to the department under
Subsection (b) of this section in a manner determined by the
department.
       SECTION 4.  This Act takes effect September 1, 2007.