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A BILL TO BE ENTITLED
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AN ACT
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relating to measures to increase the safety of children committed |
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to the Texas Youth Commission. |
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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 Section 61.0356 to read as follows: |
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Sec. 61.0356. JOB APPLICANTS AND EMPLOYEES CONVICTED OF |
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CRIMES INVOLVING A CHILD. (a) In this section, "convicted of a |
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crime involving a child" means conviction of or deferred |
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adjudication for a felony offense under Title 5, Penal Code, or an |
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offense on conviction of which a defendant is required to register |
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as a sex offender under Chapter 62, Code of Criminal Procedure, if |
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the victim of the offense is under 18 years of age. |
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(b) The commission may hire an individual whose |
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responsibilities involve, in whole or in part, dealing directly |
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with children, only if the commission first determines that the |
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individual has not been convicted of a crime involving a child. |
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(c) The commission may retain an employee whose |
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responsibilities involve, in whole or in part, dealing directly |
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with children, only if the commission first determines that the |
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employee has not been convicted of a crime involving a child on or |
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after September 1, 2007. This subsection does not prevent the |
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commission from discharging an employee on determining that the |
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employee was convicted of a crime involving a child before |
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September 1, 2007. |
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SECTION 2. Subchapter C, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0424 to read as follows: |
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Sec. 61.0424. ALLEGATION OF ABUSE OR NEGLECT AT COMMISSION |
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FACILITY. (a) The attorney general shall investigate an |
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allegation of abuse or neglect of a child at a facility operated by |
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the commission. |
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(b) The attorney general shall report its findings and |
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recommendations concerning the allegation to the commission. |
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SECTION 3. Subchapter C, Chapter 61, Human Resources Code, |
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is amended by adding Sections 61.0451, 61.0452, and 61.0453 to read |
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as follows: |
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Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The |
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commission shall establish an office of inspector general for the |
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purpose of investigating: |
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(1) fraud committed by commission employees, |
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including parole officers employed by or under contract with the |
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commission; and |
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(2) crimes committed at a facility operated by the |
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commission or at a residential facility operated by another entity |
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under a contract with the commission. |
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(b) The office of inspector general shall report the results |
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of any investigation conducted under this section to the board. |
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(c) The office of inspector general may employ and |
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commission inspectors general as peace officers for the purpose of |
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carrying out the duties described by this section. An inspector |
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general shall have all of the powers and duties given to peace |
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officers under Article 2.13, Code of Criminal Procedure. |
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(d) Peace officers employed and commissioned under |
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Subsection (c) must be certified by the Commission on Law |
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Enforcement Officer Standards and Education under Chapter 1701, |
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Occupations Code. |
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(e) The board shall appoint a commissioned peace officer as |
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chief inspector general. The chief inspector general: |
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(1) is subject to the requirements of this section; |
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and |
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(2) shall report information regarding the operations |
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of the office of inspector general to the board on request of the |
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board. |
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(f) The commission by rule shall establish policies and |
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procedures for the operations of the office of inspector general. |
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Sec. 61.0452. COMPLAINTS. (a) The commission shall |
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establish procedures for: |
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(1) receiving and reviewing complaints concerning |
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commission actions; and |
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(2) conducting investigations of complaints if the |
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commission determines that: |
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(A) a child committed to the commission or the |
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child's family may be in need of assistance from the commission; or |
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(B) a systemic issue in the commission's |
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provision of services is raised by a complaint. |
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(b) The commission shall: |
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(1) treat any complaint submitted to it under this |
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section as also submitted to the office of the inspector general; |
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and |
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(2) provide the office of inspector general with a |
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copy of the complaint, along with all supporting documentation. |
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(c) The commission shall adopt rules to provide both a |
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timeline and time limits for an investigation under this section. |
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(d) The commission shall establish procedures to |
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standardize and provide for the recordkeeping of: |
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(1) receiving all correspondence; and |
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(2) all communications relating to any investigation. |
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(e) The commission may not discharge or in any manner |
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discriminate or retaliate against an employee who in good faith |
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makes a complaint to the commission or cooperates with the office in |
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an investigation. |
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Sec. 61.0453. OVERSIGHT OF STUDENTS. (a) At a facility of |
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the commission, a single individual may not have complete control, |
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supervision, or oversight over the schedule and movements of the |
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children in the facility. |
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(b) The commission shall by rule establish procedures to |
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implement this section. |
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SECTION 4. Subchapter D, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0655 to read as follows: |
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Sec. 61.0655. NOTIFICATION OF CHILD AND FAMILY OF CHILD. |
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(a) On receipt of the order of commitment of a child to the |
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commission, the commission shall provide to the child and to the |
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parent or guardian of the child: |
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(1) a statement of the rights that the child has while |
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committed to the commission; |
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(2) the names, addresses, phone numbers, and e-mail |
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addresses of: |
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(A) the employee of the commission with |
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supervisory authority over the facility to which the child is |
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committed with whom the child can file a complaint or otherwise |
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report any abuse; |
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(B) an employee in the office of the inspector |
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general with whom the child can file a complaint or otherwise report |
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any abuse; |
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(C) an employee in the office of the attorney |
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general with whom the child can file a complaint or otherwise report |
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any abuse; and |
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(D) the state representative and senator of the |
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child. |
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(b) The commission shall also provide to the child the |
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information described by Subsection (a): |
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(1) when the child first arrives at the commission; |
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and |
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(2) during the initial orientation or training |
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conducted by the commission for the child. |
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SECTION 5. Subchapter G, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.098 to read as follows: |
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Sec. 61.098. POSTING OF INFORMATION. (a) The commission |
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shall post a sign in the eating area and other conspicuous, high |
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traffic, high visibility locations at each of its facilities for |
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children that states: |
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(1) the rights that the child has while committed to |
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the commission; and |
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(2) the name, phone number, and e-mail address of the |
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employee of the commission with supervisory authority over the |
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facility to which the child is committed with whom the child can |
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file a complaint or otherwise report any abuse. |
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(b) The sign must have dimensions of at least 8-1/2 inches |
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by 11 inches and be in an easily readable font and type size. |
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SECTION 6. Section 411.1141(a), Government Code, is amended |
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to read as follows: |
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(a) The Texas Youth Commission is entitled to obtain from |
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the department criminal history record information maintained by |
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the department that relates to a person who is: |
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(1) an applicant for a position with or an employee of |
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the Texas Youth Commission; |
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(2) a volunteer or an intern, or an applicant |
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volunteer or intern, with the Texas Youth Commission; |
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(3) a business entity or person who contracts with the |
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Texas Youth Commission to provide direct delivery services to |
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youth; |
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(4) an employee of, or an applicant for employment |
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with, a business entity or person who contracts with the Texas Youth |
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Commission to provide direct delivery of services to youth; or |
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(5) a volunteer or an intern, or an applicant |
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volunteer or intern, with a business entity or person who contracts |
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with the Texas Youth Commission to provide direct delivery of |
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services to youth. |
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SECTION 7. 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. |