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A BILL TO BE ENTITLED
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AN ACT
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relating to the capacity and location of correctional facilities |
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operated by the Texas Youth Commission and the transfer of |
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correctional facilities from the Texas Youth Commission to the |
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Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 61, Human Resources Code, |
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is amended by adding Sections 61.055 and 61.056 to read as follows: |
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Sec. 61.055. MAXIMUM CAPACITY. (a) Except as provided by |
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Subsection (b), the total maximum capacity for residential |
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facilities, including halfway houses, operated by or under contract |
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with the commission is 3,000. |
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(b) Subject to the approval of the governor, the commission |
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may confine more than 3,000 children in residential facilities |
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operated by or under contract with the commission if the commission |
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determines that the number of children committed to the commission |
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who are in need of placement in residential facilities exceeds |
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3,000. |
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Sec. 61.056. RESIDENTIAL FACILITIES. (a) To ensure that a |
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child committed to the commission is confined in a residential |
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facility located in or near the county in which the child resides, |
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the commission: |
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(1) shall operate one or more community-based |
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residential facilities in each county in this state that has a |
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population of at least 600,000; and |
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(2) may operate a community-based residential |
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facility in any other county. |
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(b) Notwithstanding other law, the commission may confine a |
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child committed to the commission only in a community-based |
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residential facility described by Subsection (a). |
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(c) Except as otherwise provided by this subsection, the |
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commission may confine a child committed to the commission only in a |
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residential facility that is located in the county in which the |
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child resides. A child committed to the commission who resides in a |
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county in which the commission does not operate a residential |
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facility may be confined only in the residential facility that is |
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nearest to the county in which the child resides. |
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(d) The commission may not confine more than 100 children in |
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any residential facility operated by or under contract with the |
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commission. |
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(e) Not later than September 1, 2008, the commission shall |
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transfer to the Texas Department of Criminal Justice any |
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residential facility designed to house more than 100 children that |
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is owned by this state and operated by or under contract with the |
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commission. This subsection expires October 1, 2008. |
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SECTION 2. Section 61.049, Human Resources Code, is |
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repealed. |
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SECTION 3. (a) Not later than September 1, 2008, the Texas |
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Youth Commission shall comply with the requirements prescribed by |
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Sections 61.055 and 61.056, Human Resources Code, as added by this |
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Act. |
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(b) On September 1, 2008: |
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(1) all residential facilities designed to house more |
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than 100 children that are operated by or under contract with the |
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Texas Youth Commission, including any contracts or leases related |
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to those facilities, are transferred to the Texas Department of |
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Criminal Justice; and |
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(2) each employee of a residential facility designed |
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to house more than 100 children that is operated by or under |
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contract with the Texas Youth Commission must reapply to the Texas |
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Youth Commission to continue employment with the commission. |
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(c) The Texas Department of Criminal Justice may use a |
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residential facility transferred to the department under |
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Subsection (b) of this section in a manner determined by the |
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department. |
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SECTION 4. This Act takes effect September 1, 2007. |