80R16425 DAK-F
 
  By: Bolton, et al. H.B. No. 3521
 
Substitute the following for H.B. No. 3521:
 
  By:  Jones C.S.H.B. No. 3521
 
A BILL TO BE ENTITLED
AN ACT
relating to measures to increase the safety of children committed
to the Texas Youth Commission.
       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 61.0453 and 61.0454 to read as
follows:
       Sec. 61.0453.  DISCHARGE OR RETALIATION FOR COMPLAINTS
PROHIBITED.  The commission may not discharge or in any manner
discriminate or retaliate against an employee who in good faith
makes a complaint to the commission or cooperates with the office in
an investigation.
       Sec. 61.0454.  OVERSIGHT OF STUDENTS. (a) At a facility of
the commission, a single individual may not have complete control,
supervision, or oversight over the schedule and movements of the
children in the facility.
       (b)  The commission shall by rule establish procedures to
implement this section.
       SECTION 2.  Subchapter E, Chapter 61, Human Resources Code,
is amended by adding Section 61.0765 to read as follows:
       Sec. 61.0765.  POSTING OF INFORMATION. (a) The commission
shall post a sign in the eating area and other conspicuous, high
traffic, high visibility locations at each of its facilities for
children that states:
             (1)  the rights that the child has while committed to
the commission; and
             (2)  the name, phone number, and e-mail address of the
employee of the commission with supervisory authority over the
facility to which the child is committed with whom the child can
file a complaint or otherwise report any abuse.
       (b)  The sign must have dimensions of at least 8-1/2 inches
by 11 inches and be in an easily readable font and type size.
       SECTION 3.  Section 411.1141(a), Government Code, is amended
to read as follows:
       (a)  The Texas Youth Commission is entitled to obtain from
the department criminal history record information maintained by
the department that relates to a person who is:
             (1)  an applicant for a position with or an employee of
the Texas Youth Commission;
             (2)  a volunteer or an intern, or an applicant
volunteer or intern, with the Texas Youth Commission;
             (3)  a business entity or person who contracts with the
Texas Youth Commission to provide direct delivery services to
youth;
             (4)  an employee of, or an applicant for employment
with, a business entity or person who contracts with the Texas Youth
Commission to provide direct delivery of services to youth; or
             (5)  a volunteer or an intern, or an applicant
volunteer or intern, with a business entity or person who contracts
with the Texas Youth Commission to provide direct delivery of
services to youth.
       SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.