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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the Texas Youth Commission and the prosecution of |
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certain offenses and delinquent conduct in the Texas Youth |
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Commission and certain other criminal justice agencies; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
|
deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers and officers commissioned by the Public |
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Safety Commission and the Director of the Department of Public |
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Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) officers commissioned by the General Services |
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Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) airport police officers commissioned by a city |
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with a population of more than 1.18 million that operates an airport |
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that serves commercial air carriers; |
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(12) airport security personnel commissioned as peace |
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officers by the governing body of any political subdivision of this |
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state, other than a city described by Subdivision (11), that |
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operates an airport that serves commercial air carriers; |
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(13) municipal park and recreational patrolmen and |
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security officers; |
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(14) security officers and investigators commissioned |
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as peace officers by the comptroller; |
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(15) officers commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(16) officers commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(17) investigators commissioned by the Texas Medical |
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[State] Board [of Medical Examiners]; |
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(18) officers commissioned by the board of managers of |
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the Dallas County Hospital District, the Tarrant County Hospital |
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District, or the Bexar County Hospital District under Section |
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281.057, Health and Safety Code; |
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(19) county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(20) investigators employed by the Texas Racing |
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Commission; |
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(21) officers commissioned under Chapter 554, |
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Occupations Code; |
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(22) officers commissioned by the governing body of a |
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metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or by a regional transportation authority |
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under Section 452.110, Transportation Code; |
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(23) investigators commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(24) security officers and investigators commissioned |
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as peace officers under Chapter 466, Government Code; |
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(25) an officer employed by the [Texas] Department of |
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State Health Services under Section 431.2471, Health and Safety |
|
Code; |
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(26) officers appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(27) officers commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(28) an investigator commissioned by the commissioner |
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of insurance under Section 701.104 [Article 1.10D], Insurance Code; |
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(29) apprehension specialists and inspectors general |
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commissioned by the Texas Youth Commission as officers under |
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Sections 61.0451 and [Section] 61.0931, Human Resources Code; |
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(30) officers appointed by the executive director of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(31) investigators commissioned by the Commission on |
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Law Enforcement Officer Standards and Education under Section |
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1701.160, Occupations Code; |
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(32) commission investigators commissioned by the |
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Texas [Commission on] Private Security Board under Section |
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1702.061(f), Occupations Code; |
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(33) the fire marshal and any officers, inspectors, or |
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investigators commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; and |
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(34) officers commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section. |
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SECTION 2. Article 104.003(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In a prosecution of a criminal offense or delinquent |
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conduct [felony] committed on property owned or operated by or |
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under contract with [while the actor was a prisoner in the custody
|
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of] the Texas Department of Criminal Justice or the Texas Youth |
|
Commission, or committed by or against a person in the custody of |
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the department or commission while the person is performing a duty |
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away from department or commission property [Corrections or a
|
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prosecution of an offense committed in the department by any person
|
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under Chapter 21, Acts of 55th Legislature, Regular Session, 1957
|
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(Article 6184m, Vernon's Texas Civil Statutes), or Chapter 481,
|
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Health and Safety Code, or Sections 485.031 through 485.035, Health
|
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and Safety Code], the state shall reimburse the county for expenses |
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incurred by the county, in an amount that the court determines to be |
|
reasonable, for payment of: |
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(1) salaries and expenses of foreign language |
|
interpreters and interpreters for deaf persons whose services are |
|
necessary to the prosecution; |
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(2) consultation fees of experts whose assistance is |
|
directly related to the prosecution; |
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(3) travel expenses for witnesses; |
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(4) expenses for the food, lodging, and compensation |
|
of jurors; |
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(5) compensation of witnesses; |
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(6) the cost of preparation of a statement of facts and |
|
a transcript of the trial for purposes of appeal; |
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(7) if the death of a person is an element of the |
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offense, expenses of an inquest relating to the death; |
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(8) food, lodging, and travel expenses incurred by the |
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prosecutor's staff during travel essential to the prosecution of |
|
the offense; |
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(9) court reporter's fees; and |
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(10) the cost of special security officers. |
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SECTION 3. Sections 54.04(d) and (u), Family Code, are |
|
amended to read as follows: |
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(d) If the court or jury makes the finding specified in |
|
Subsection (c) allowing the court to make a disposition in the case: |
|
(1) the court or jury may, in addition to any order |
|
required or authorized under Section 54.041 or 54.042, place the |
|
child on probation on such reasonable and lawful terms as the court |
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may determine: |
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(A) in the child's own home or in the custody of a |
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relative or other fit person; or |
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(B) subject to the finding under Subsection (c) |
|
on the placement of the child outside the child's home, in: |
|
(i) a suitable foster home; or |
|
(ii) a suitable public or private |
|
institution or agency, except the Texas Youth Commission; |
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(2) if the court or jury found at the conclusion of the |
|
adjudication hearing that the child engaged in delinquent conduct |
|
that violates a penal law of this state or the United States of the |
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grade of felony [or, if the requirements of Subsection (s) or (t)
|
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are met, of the grade of misdemeanor,] and if the petition was not |
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approved by the grand jury under Section 53.045, the court may |
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commit the child to the Texas Youth Commission without a |
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determinate sentence; |
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(3) if the court or jury found at the conclusion of the |
|
adjudication hearing that the child engaged in delinquent conduct |
|
that included a violation of a penal law listed in Section 53.045(a) |
|
and if the petition was approved by the grand jury under Section |
|
53.045, the court or jury may sentence the child to commitment in |
|
the Texas Youth Commission with a possible transfer to the |
|
[institutional division or the pardons and paroles division of the] |
|
Texas Department of Criminal Justice for a term of: |
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(A) not more than 40 years if the conduct |
|
constitutes: |
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(i) a capital felony; |
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(ii) a felony of the first degree; or |
|
(iii) an aggravated controlled substance |
|
felony; |
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(B) not more than 20 years if the conduct |
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constitutes a felony of the second degree; or |
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(C) not more than 10 years if the conduct |
|
constitutes a felony of the third degree; |
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(4) the court may assign the child an appropriate |
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sanction level and sanctions as provided by the assignment |
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guidelines in Section 59.003; or |
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(5) if applicable, the court or jury may make a |
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disposition under Subsection (m). |
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(u) For the purposes of disposition under Subsection |
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(d)(2), delinquent conduct that violates a penal law of this state |
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of the grade of felony [or misdemeanor] does not include conduct |
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that violates a lawful order of a county, municipal, justice, or |
|
juvenile court under circumstances that would constitute contempt |
|
of that court. |
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SECTION 4. Section 54.05(f), Family Code, is amended to |
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read as follows: |
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(f) Except as provided by Subsection (j), a disposition |
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based on a finding that the child engaged in delinquent conduct that |
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violates a penal law of this state or the United States of the grade |
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of felony [or, if the requirements of Subsection (k) are met, of the
|
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grade of misdemeanor,] may be modified so as to commit the child to |
|
the Texas Youth Commission if the court after a hearing to modify |
|
disposition finds by a preponderance of the evidence that the child |
|
violated a reasonable and lawful order of the court. A disposition |
|
based on a finding that the child engaged in habitual felony conduct |
|
as described by Section 51.031 or in delinquent conduct that |
|
included a violation of a penal law listed in Section 53.045(a) may |
|
be modified to commit the child to the Texas Youth Commission with a |
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possible transfer to the [institutional division or the pardons and
|
|
paroles division of the] Texas Department of Criminal Justice for a |
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definite term prescribed by Section 54.04(d)(3) if the original |
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petition was approved by the grand jury under Section 53.045 and if |
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after a hearing to modify the disposition the court finds that the |
|
child violated a reasonable and lawful order of the court. |
|
SECTION 5. Chapter 54, Family Code, is amended by adding |
|
Section 54.052 to read as follows: |
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Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY |
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FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only |
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to a child who is committed to the Texas Youth Commission under a |
|
determinate sentence under Section 54.04(d)(3) or (m) or Section |
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54.05(f). |
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(b) The judge of the court in which a child is adjudicated |
|
shall give the child credit on the child's sentence for the time |
|
spent by the child, in connection with the conduct for which the |
|
child was adjudicated, in a secure detention facility before the |
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child's transfer to a Texas Youth Commission facility. |
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(c) If a child appeals the child's adjudication and is |
|
retained in a secure detention facility pending the appeal, the |
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judge of the court in which the child was adjudicated shall give the |
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child credit on the child's sentence for the time spent by the child |
|
in a secure detention facility pending disposition of the child's |
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appeal. The court shall endorse on both the commitment and the |
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mandate from the appellate court all credit given the child under |
|
this subsection. |
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(d) The Texas Youth Commission shall grant any credit under |
|
this section in computing the child's eligibility for parole and |
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discharge. |
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SECTION 6. Section 58.106(a), Family Code, is amended to |
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read as follows: |
|
(a) Except as otherwise provided by this section, |
|
information contained in the juvenile justice information system is |
|
confidential information for the use of the department and may not |
|
be disseminated by the department except: |
|
(1) with the permission of the juvenile offender, to |
|
military personnel of this state or the United States; |
|
(2) to a person or entity to which the department may |
|
grant access to adult criminal history records as provided by |
|
Section 411.083, Government Code; |
|
(3) to a juvenile justice agency; [and] |
|
(4) to [the Criminal Justice Policy Council,] the |
|
Texas Youth Commission[,] and the Texas Juvenile Probation |
|
Commission for analytical purposes; and |
|
(5) to the office of independent ombudsman of the |
|
Texas Youth Commission. |
|
SECTION 7. Section 41.102, Government Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) The attorney general may offer to assist a prosecuting |
|
attorney in the prosecution of criminal offenses concerning the |
|
Texas Youth Commission. |
|
SECTION 8. Chapter 41, Government Code, is amended by |
|
adding Subchapter E to read as follows: |
|
SUBCHAPTER E. SPECIAL PROSECUTION UNIT |
|
Sec. 41.301. DEFINITIONS. In this subchapter: |
|
(1) "Board of directors" means the board of directors |
|
of the unit. |
|
(2) "Commission" means the Texas Youth Commission. |
|
(3) "Department" means the Texas Department of |
|
Criminal Justice. |
|
(4) "Executive board" means the executive board |
|
governing the board of directors of the unit. |
|
(5) "Prosecuting attorney" means a district attorney, |
|
a criminal district attorney, or a county attorney representing the |
|
state in criminal matters before the district or inferior courts of |
|
the county. |
|
(6) "Unit" means the special prosecution unit. |
|
Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT. |
|
The special prosecution unit is an independent unit that cooperates |
|
with and supports prosecuting attorneys in prosecuting offenses and |
|
delinquent conduct described by Article 104.003(a), Code of |
|
Criminal Procedure. |
|
Sec. 41.303. BOARD OF DIRECTORS. (a) The unit is governed |
|
by a board of directors composed of each prosecuting attorney who |
|
represents the state in criminal matters before a court in a county |
|
in which one or more facilities owned or operated by or under |
|
contract with the department or the commission are located. |
|
(b) A prosecuting attorney described by Subsection (a) |
|
shall serve on the board of directors in addition to the other |
|
duties of the prosecuting attorney assigned by law. |
|
Sec. 41.304. EXECUTIVE BOARD. (a) The board of directors |
|
is governed by an executive board composed of 11 members elected by |
|
the membership of the board of directors on a majority vote from |
|
among that membership, as follows: |
|
(1) one member of the executive board who represents |
|
the state in criminal matters before a court in a county in which |
|
one or more facilities owned or operated by or under contract with |
|
the commission are located shall be elected on a majority vote of |
|
the members of the board of directors to serve a term expiring in an |
|
even-numbered year; |
|
(2) an additional four members of the executive board |
|
shall be elected on a majority vote of the members of the board of |
|
directors to serve terms expiring in even-numbered years; |
|
(3) one member of the executive board who represents |
|
the state in criminal matters before a court in a county in which |
|
one or more facilities owned or operated by or under contract with |
|
the commission are located shall be elected on a majority vote of |
|
the members of the board of directors to serve a term expiring in an |
|
odd-numbered year; and |
|
(4) an additional five members of the executive board |
|
shall be elected on a majority vote of the members of the board of |
|
directors to serve terms expiring in odd-numbered years. |
|
(b) If a vacancy on the executive board occurs, the board of |
|
directors shall elect a person to serve the remainder of the |
|
vacating member's term in the manner provided by Subsection (a). To |
|
be eligible for election under this subsection, a person must meet |
|
any qualifications required of the vacating member for service on |
|
the executive board. |
|
Sec. 41.305. OFFICERS. (a) The members of the board of |
|
directors, on a majority vote, shall elect from among the |
|
membership of the executive board a presiding officer and an |
|
assistant presiding officer. The presiding officer serves as the |
|
presiding officer of the board of directors and the executive |
|
board, and the assistant presiding officer serves as the assistant |
|
presiding officer of the board of directors and the executive |
|
board. |
|
(b) The presiding officer and the assistant presiding |
|
officer serve terms of one year. |
|
(c) The assistant presiding officer serves as presiding |
|
officer of the board of directors and the executive board in the |
|
presiding officer's absence or if a vacancy occurs in that office |
|
until a new presiding officer is elected as provided by Subsection |
|
(d). |
|
(d) If a vacancy occurs in the office of presiding officer |
|
or assistant presiding officer, the board of directors shall elect |
|
a person to serve the remainder of the vacating officer's term in |
|
the manner provided by Subsection (a). |
|
Sec. 41.306. MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE |
|
BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of |
|
directors or the executive board may not be construed to be a civil |
|
office of emolument for any purpose, including those purposes |
|
described in Section 40, Article XVI, Texas Constitution. |
|
Sec. 41.307. REIMBURSEMENT FOR EXPENSES. A member of the |
|
board of directors or executive board is not entitled to |
|
compensation for service on the board of directors or executive |
|
board, if applicable, but is entitled to be reimbursed for |
|
necessary expenses incurred in carrying out the duties and |
|
responsibilities of a member of the board of directors and the |
|
executive board, if applicable, as provided by the General |
|
Appropriations Act. |
|
Sec. 41.308. CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL |
|
EMPLOYEES. The board of directors, on a majority vote, shall employ |
|
a person to serve as chief of the unit and additional persons to |
|
accomplish the unit's purposes. The board of directors may |
|
determine the compensation of the unit's employees. |
|
Sec. 41.309. ELECTION OF COUNSELLOR. (a) The executive |
|
board, on a majority vote, shall elect a counsellor. |
|
(b) To be eligible to serve as a counsellor, a person must: |
|
(1) be certified in criminal law by the Texas Board of |
|
Legal Specialization; |
|
(2) have at least five years of experience as a lawyer |
|
assisting prosecuting attorneys in prosecuting offenses or |
|
delinquent conduct committed on state property used for the custody |
|
of persons charged with or convicted of offenses or used for the |
|
custody of children charged with or adjudicated as having engaged |
|
in delinquent conduct or conduct indicating a need for supervision; |
|
or |
|
(3) have served for at least five years as a |
|
prosecuting attorney or as a judge of a district court, a court of |
|
appeals, or the court of criminal appeals. |
|
Sec. 41.310. DUTIES OF COUNSELLOR. (a) The counsellor |
|
elected in accordance with Section 41.309: |
|
(1) shall coordinate prosecution issues in and monitor |
|
each case involving an offense or delinquent conduct described by |
|
Article 104.003(a), Code of Criminal Procedure, that concerns the |
|
commission; |
|
(2) shall work with criminal justice analysts employed |
|
by the Legislative Budget Board and other persons who monitor cases |
|
involving offenses or delinquent conduct described by Article |
|
104.003(a), Code of Criminal Procedure; and |
|
(3) may conduct an investigation of any alleged |
|
illegal or improper conduct by commission officers, employees, or |
|
contractors that the counsellor reasonably believes: |
|
(A) jeopardizes the health, safety, and welfare |
|
of children in the custody of the commission; and |
|
(B) could constitute an offense described by |
|
Article 104.003(a), Code of Criminal Procedure. |
|
(b) In addition to the duties prescribed by Subsection (a), |
|
the counsellor shall on a quarterly basis provide the board of |
|
directors and the standing committees of the senate and house of |
|
representatives with primary jurisdiction over matters concerning |
|
correctional facilities with a report concerning offenses or |
|
delinquent conduct prosecuted by the unit on receiving a request |
|
for assistance under Section 61.098, Human Resources Code, or a |
|
request for assistance otherwise from a prosecuting attorney. A |
|
report under this subsection is public information under Chapter |
|
552, Government Code, and the board of directors shall request that |
|
the commission publish the report on the commission's Internet |
|
website. A report must be both aggregated and disaggregated by |
|
individual facility and include information relating to: |
|
(1) the number of requests for assistance received |
|
under Section 61.098, Human Resources Code, and requests for |
|
assistance otherwise received from prosecuting attorneys; |
|
(2) the number of cases investigated and the number of |
|
cases prosecuted; |
|
(3) the types and outcomes of cases prosecuted, such |
|
as whether the case concerned narcotics or an alleged incident of |
|
sexual abuse; and |
|
(4) the relationship of a victim to a perpetrator, if |
|
applicable. |
|
(c) The counsellor, in consultation with the board of |
|
directors, shall notify the foreman of the appropriate grand jury, |
|
in the manner provided by Article 20.09, Code of Criminal |
|
Procedure, if: |
|
(1) the counsellor receives credible evidence of |
|
illegal or improper conduct by commission officers, employees, or |
|
contractors that the counsellor reasonably believes jeopardizes |
|
the health, safety, and welfare of children in the custody of the |
|
commission; |
|
(2) the counsellor reasonably believes the conduct: |
|
(A) could constitute an offense described by |
|
Article 104.003(a), Code of Criminal Procedure; and |
|
(B) involves the alleged physical or sexual abuse |
|
of a child in the custody of a commission facility or an |
|
investigation related to the alleged abuse; and |
|
(3) the counsellor has reason to believe that |
|
information concerning the conduct has not previously been |
|
presented to the appropriate grand jury. |
|
SECTION 9. Chapter 325, Government Code, is amended by |
|
adding Section 325.0121 to read as follows: |
|
Sec. 325.0121. STUDY ON TRANSITION TOWARD REGIONALIZED |
|
JUVENILE CORRECTIONS. (a) The commission shall appoint an |
|
advisory committee as provided by this section to develop a |
|
practicable plan to move the Texas Youth Commission toward a |
|
regionalized structure of smaller facilities and more diversified |
|
treatment and placement options, taking into consideration the |
|
likely effects of this regionalized structure on: |
|
(1) recidivism; |
|
(2) juvenile and family access to services; and |
|
(3) costs to this state and the counties of this state. |
|
(b) The commission shall take into consideration the |
|
findings and recommendations of the advisory committee in its |
|
report to the legislature under Section 325.012 as part of its |
|
review of the Texas Youth Commission, which, as provided by Section |
|
61.020, Human Resources Code, is abolished September 1, 2009, |
|
unless continued in existence as provided by this chapter. |
|
(c) The commission shall appoint an advisory committee not |
|
later than December 1, 2007. |
|
(d) The advisory committee consists of nine members |
|
appointed by the commission in consultation with the Texas Youth |
|
Commission, Texas Juvenile Probation Commission, governor, |
|
lieutenant governor, and speaker of the house of representatives. |
|
At least three of the members must be nationally recognized experts |
|
in the field of juvenile justice. At least one of the members must |
|
be a recognized advocate for children. |
|
(e) The chairman of the commission shall designate a |
|
presiding officer from among the members appointed to the advisory |
|
committee. |
|
(f) The advisory committee shall convene at the call of the |
|
presiding officer. |
|
(g) A member of the advisory committee may not receive |
|
compensation from the state for committee service but may receive |
|
reimbursement for travel to official meetings according to policies |
|
established by the commission. |
|
(h) Not later than December 1, 2008, the advisory committee |
|
shall report the committee's findings and recommendations to the |
|
commission. |
|
(i) This section expires September 1, 2009. |
|
SECTION 10. 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 described by Section |
|
61.0357(b), Human Resources Code [who is:
|
|
[(1) an applicant for a position with 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 11. Chapter 493, Government Code, is amended by |
|
adding Section 493.026 to read as follows: |
|
Sec. 493.026. INSPECTOR GENERAL REPORT ON CRIMINAL |
|
OFFENSES. (a) In this section, "special prosecution unit" means |
|
the special prosecution unit established under Subchapter E, |
|
Chapter 41. |
|
(b) The inspector general of the department shall on a |
|
quarterly basis prepare and deliver to the board of directors of the |
|
special prosecution unit a report concerning any alleged criminal |
|
offense concerning the department and described by Article |
|
104.003(a), Code of Criminal Procedure, that occurred during the |
|
preceding calendar quarter. |
|
SECTION 12. Section 508.156(a), Government Code, is amended |
|
to read as follows: |
|
(a) Before the release of a person who is transferred under |
|
Section 61.081(f) or 61.084(g) [61.084(f) or (g)], Human Resources |
|
Code, to the division for release on parole, a parole panel shall |
|
review the person's records and may interview the person or any |
|
other person the panel considers necessary to determine the |
|
conditions of parole. The panel may impose any reasonable condition |
|
of parole on the person that the panel may impose on an adult inmate |
|
under this chapter. |
|
SECTION 13. Section 811.001(9), Government Code, is amended |
|
to read as follows: |
|
(9) "Law enforcement officer" means a member of the |
|
retirement system who: |
|
(A) has been commissioned as a law enforcement |
|
officer by the Department of Public Safety, the Texas Alcoholic |
|
Beverage Commission, [or] the Parks and Wildlife Department, or the |
|
office of inspector general at the Texas Youth Commission; and |
|
(B) is recognized as a commissioned law |
|
enforcement officer by the Commission on Law Enforcement Officer |
|
Standards and Education. |
|
SECTION 14. Section 814.104(b), Government Code, is amended |
|
to read as follows: |
|
(b) A member who is at least 55 years old and who has at |
|
least 10 years of service credit as a commissioned peace officer |
|
engaged in criminal law enforcement activities of the Department of |
|
Public Safety, the Texas Alcoholic Beverage Commission, [or] the |
|
Parks and Wildlife Department, or the office of inspector general |
|
at the Texas Youth Commission, or as a custodial officer, is |
|
eligible to retire and receive a service retirement annuity. |
|
SECTION 15. Section 815.505, Government Code, is amended to |
|
read as follows: |
|
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND |
|
CUSTODIAL OFFICERS. Not later than the 12th day of the month |
|
following the month in which a person begins or ceases employment as |
|
a law enforcement officer or custodial officer, the Public Safety |
|
Commission, the Texas Alcoholic Beverage Commission, the Parks and |
|
Wildlife Commission, the office of inspector general at the Texas |
|
Youth Commission, the Board of Pardons and Paroles, or the Texas |
|
Board of Criminal Justice, as applicable, shall certify to the |
|
retirement system, in the manner prescribed by the system, the name |
|
of the employee and such other information as the system determines |
|
is necessary for the crediting of service and financing of benefits |
|
under this subtitle. |
|
SECTION 16. Section 61.001, Human Resources Code, is |
|
amended by adding Subdivision (7) to read as follows: |
|
(7) "Office of inspector general" means the office of |
|
inspector general established under Section 61.0451. |
|
SECTION 17. Section 61.012(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) Members of the board must be citizens who are recognized |
|
within their communities for their interest in youth. The board |
|
shall be comprised of at least one physician, an experienced member |
|
of a victim's advocacy organization, a mental health professional, |
|
and a current or former prosecutor or judge. A majority of the |
|
members of the board must be qualified, by experience or education, |
|
in the development and administration of programs for the |
|
rehabilitation and reestablishment in society of children in the |
|
custody of agencies similar in mission and scope to the commission. |
|
SECTION 18. Sections 61.019 and 61.0191, Human Resources |
|
Code, are amended to read as follows: |
|
Sec. 61.019. DELEGATION OF POWERS AND DUTIES. Any power, |
|
duty, or function of the commission or of the board that is not |
|
assigned by statute to the office of inspector general may be |
|
exercised and performed by the executive director or any member or |
|
employee designated or assigned by the board or by the executive |
|
director. |
|
Sec. 61.0191. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The |
|
[financial transactions of the] commission is [are] subject to |
|
audit by the state auditor in accordance with Chapter 321, |
|
Government Code. |
|
(b) The state auditor, on request of the office of inspector |
|
general, may provide information or other assistance to the office |
|
of inspector general that the state auditor determines is |
|
appropriate. The office of inspector general may coordinate with |
|
the state auditor to review or schedule a plan for an investigation |
|
under Section 61.0451 or share other information. |
|
(c) The state auditor may access all information maintained |
|
by the office of inspector general, such as vouchers, electronic |
|
data, and internal records, including information that is otherwise |
|
confidential under law. Information obtained by the state auditor |
|
under this subsection is confidential and is not subject to |
|
disclosure under Chapter 552, Government Code. |
|
(d) Any provision of this chapter relating to the operations |
|
of the office of inspector general does not: |
|
(1) supersede the authority of the state auditor to |
|
conduct an audit under Chapter 321, Government Code; or |
|
(2) prohibit the state auditor from: |
|
(A) conducting an audit, investigation, or other |
|
review; or |
|
(B) having full and complete access to all |
|
records and other information concerning the commission, including |
|
any witness statement or electronic data, that the state auditor |
|
considers necessary for the audit, investigation, or review. |
|
SECTION 19. Subchapter B, Chapter 61, Human Resources Code, |
|
is amended by adding Section 61.023 to read as follows: |
|
Sec. 61.023. ACCREDITATION BY AMERICAN CORRECTIONAL |
|
ASSOCIATION. Not later than September 1, 2007, the commission |
|
shall adopt a plan for and begin the process of receiving |
|
accreditation by the American Correctional Association for each |
|
correctional facility operated by or under contract with the |
|
commission. |
|
SECTION 20. Section 61.0315, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 61.0315. [REVIEW OF] TREATMENT PROGRAMS. (a) The |
|
commission shall annually review the effectiveness of the |
|
commission's programs for the rehabilitation and reestablishment |
|
in society of children committed to the commission, including |
|
programs for sex offenders, capital offenders, children who are |
|
chemically dependent, and emotionally disturbed children. |
|
(b) On or before December 31 of each year, the commission |
|
shall make a report on the effectiveness of the programs to the |
|
Legislative Budget Board. |
|
(c) The commission shall offer or make available programs |
|
described by Subsection (a) in an adequate manner so that a child in |
|
the custody of the commission receives appropriate rehabilitation |
|
services recommended for the child by the court committing the |
|
child to the commission. |
|
(d) If the commission is unable to offer or make available |
|
programs described by Subsection (a) in the manner provided by |
|
Subsection (c), the commission shall, not later than January 10 of |
|
each odd-numbered year, provide the standing committees of the |
|
senate and house of representatives with primary jurisdiction over |
|
matters concerning correctional facilities with a report |
|
explaining: |
|
(1) which programs are not offered or are unavailable; |
|
and |
|
(2) the reason the programs are not offered or are |
|
unavailable. |
|
SECTION 21. Subchapter C, Chapter 61, Human Resources Code, |
|
is amended by adding Sections 61.0331, 61.0332, and 61.0345 to read |
|
as follows: |
|
Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission |
|
shall regularly conduct internal audits of the commission, |
|
including audits of: |
|
(1) correctional facilities operated by and under |
|
contract with the commission; and |
|
(2) medical services provided to children in the |
|
custody of the commission. |
|
(b) The commission shall on a quarterly basis report the |
|
results of the audits to: |
|
(1) the committees of the senate and house of |
|
representatives with primary jurisdiction over matters concerning |
|
correctional facilities; and |
|
(2) the state auditor. |
|
Sec. 61.0332. COMPLIANCE REPORTS. (a) The commission |
|
shall provide the joint select committee on the operation and |
|
management of the Texas Youth Commission with reports concerning |
|
the progress of the commission in complying with the requirements |
|
of S.B. No. 103, Acts of the 80th Legislature, Regular Session, |
|
2007. The commission shall prepare and deliver the first report to |
|
the joint select committee on December 1, 2007, the second report to |
|
the joint select committee on June 1, 2008, and the final report to |
|
the joint select committee on December 1, 2008. |
|
(b) This section expires January 1, 2009. |
|
Sec. 61.0345. MISSION STATEMENT. The commission shall |
|
develop and adopt a statement regarding the role and mission of the |
|
commission. |
|
SECTION 22. Section 61.035, Human Resources Code, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
read as follows: |
|
(b) Except as otherwise provided by this chapter, an |
|
employee of the commission is employed on an at-will basis [The
|
|
commission may remove any employee for cause, and a decision by the
|
|
commission is final]. |
|
(c) The commission shall establish procedures and practices |
|
governing: |
|
(1) employment-related grievances submitted by |
|
commission employees; and |
|
(2) disciplinary actions within the commission, |
|
including a procedure allowing a commission employee to elect to |
|
participate in an independent dismissal mediation if the employee |
|
is recommended for dismissal. |
|
SECTION 23. Subchapter C, Chapter 61, Human Resources Code, |
|
is amended by adding Sections 61.0356, 61.0357, 61.0386, 61.0451, |
|
61.0452, 61.0461, 61.061, 61.062, and 61.0651 to read as follows: |
|
Sec. 61.0356. JUVENILE CORRECTIONAL OFFICERS; STAFFING. |
|
(a) In this section, "juvenile correctional officer" means an |
|
employee whose primary duty includes the custodial supervision of |
|
children in the custody of the commission. |
|
(b) The commission shall provide each juvenile correctional |
|
officer employed by the commission with at least 300 hours of |
|
training, which must include on-the-job training, before the |
|
officer independently commences the officer's duties at the |
|
facility. The training must provide the officer with information |
|
and instruction related to the officer's duties, including |
|
information and instruction concerning: |
|
(1) the juvenile justice system of this state, |
|
including the juvenile correctional facility system; |
|
(2) security procedures; |
|
(3) the supervision of children committed to the |
|
commission; |
|
(4) signs of suicide risks and suicide precautions; |
|
(5) signs and symptoms of the abuse, assault, neglect, |
|
and exploitation of a child, including sexual abuse and sexual |
|
assault, and the manner in which to report the abuse, assault, |
|
neglect, or exploitation of a child; |
|
(6) the neurological, physical, and psychological |
|
development of adolescents; |
|
(7) commission rules and regulations, including |
|
rules, regulations, and tactics concerning the use of force; |
|
(8) appropriate restraint techniques; |
|
(9) the Prison Rape Elimination Act of 2003 (42 U.S.C. |
|
Section 15601, et seq.); |
|
(10) the rights and responsibilities of children in |
|
the custody of the commission; |
|
(11) interpersonal relationship skills; |
|
(12) the social and cultural lifestyles of children in |
|
the custody of the commission; |
|
(13) first aid and cardiopulmonary resuscitation; |
|
(14) counseling techniques; |
|
(15) conflict resolution and dispute mediation, |
|
including de-escalation techniques; |
|
(16) behavior management; |
|
(17) mental health issues; and |
|
(18) employee rights, employment discrimination, and |
|
sexual harassment. |
|
(c) The commission may employ part-time juvenile |
|
correctional officers. A part-time juvenile correctional officer |
|
is subject to the training requirements of this section. |
|
(d) In each correctional facility operated by the |
|
commission that has a dormitory, including an open-bay dormitory, |
|
the commission must maintain a ratio of not less than one juvenile |
|
correctional officer performing direct supervisory duties for |
|
every 12 persons committed to the facility. |
|
(e) The commission shall consider the age of a juvenile |
|
correctional officer or other commission employee who performs |
|
direct supervisory duties when determining the placement of the |
|
officer or employee in a commission facility so that, to the extent |
|
practicable, an officer or employee is not supervising a child who |
|
is not more than three years younger than the officer or employee or |
|
is otherwise a similar age to the officer or employee. |
|
(f) The commission shall rotate the assignment of each |
|
juvenile correctional officer at an interval determined by the |
|
commission so that a juvenile correctional officer is not assigned |
|
to the same station for an extended period of time. |
|
(g) The commission shall ensure that at least one juvenile |
|
correctional officer is assigned to supervise in or near a |
|
classroom or other location in which children receive education |
|
services or training at the time the children are receiving the |
|
education services or training. |
|
(h) The commission shall adopt rules necessary to |
|
administer this section. |
|
Sec. 61.0357. REQUIRED BACKGROUND AND CRIMINAL HISTORY |
|
CHECKS. (a) In this section: |
|
(1) "Department" means the Department of Public |
|
Safety. |
|
(2) "National criminal history record information" |
|
means criminal history record information obtained from the |
|
department under Subchapter F, Chapter 411, Government Code, and |
|
from the Federal Bureau of Investigation under Section 411.087, |
|
Government Code. |
|
(b) The executive director or the executive director's |
|
designee shall review the national criminal history record |
|
information, state criminal history record information maintained |
|
by the department, and previous and current employment references |
|
of each person who: |
|
(1) is an employee, contractor, volunteer, ombudsman, |
|
or advocate working for the commission or working in a commission |
|
facility or a facility under contract with the commission; |
|
(2) provides direct delivery of services to children |
|
in the custody of the commission; or |
|
(3) has access to records in commission facilities or |
|
offices. |
|
(c) To enable the executive director or the executive |
|
director's designee to conduct the review, the commission shall |
|
adopt rules requiring a person described by Subsection (b) to |
|
electronically provide the department with a complete set of the |
|
person's fingerprints in a form and of a quality acceptable to the |
|
department and the Federal Bureau of Investigation. |
|
(d) For each person described by Subsection (b), the |
|
executive director or the executive director's designee shall |
|
review on an annual basis the person's national criminal history |
|
record information. |
|
(e) The commission shall ensure that the system used to |
|
check state criminal history record information maintained by the |
|
department is capable of providing real time arrest information. |
|
(f) The commission by rule may require a person described by |
|
Subsection (b) to pay a fee related to the national criminal history |
|
record information review conducted under this section. The amount |
|
of the fee may not exceed the administrative costs incurred by the |
|
commission in conducting the review, including the costs of |
|
obtaining the person's fingerprints. |
|
(g) The commission shall adopt rules necessary to |
|
administer this section. |
|
Sec. 61.0386. ADVOCACY AND SUPPORT GROUPS. (a) The |
|
commission shall allow advocacy and support groups whose primary |
|
functions are to benefit children, inmates, girls and women, the |
|
mentally ill, and victims of sexual assault to provide on-site |
|
information, support, and other services for children confined in |
|
commission facilities. |
|
(b) The commission shall adopt security and privacy |
|
procedures for advocacy and support groups that provide on-site |
|
information, support, and other services under this section. The |
|
security and privacy procedures may not be designed to deny an |
|
advocacy or support group access to children confined in commission |
|
facilities. |
|
(c) The commission shall adopt standards consistent with |
|
standards adopted by the Texas Department of Criminal Justice |
|
regarding the confidential correspondence of children confined in |
|
commission facilities with external entities, including advocacy |
|
and support groups. |
|
Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office |
|
of inspector general is established at the commission for the |
|
purpose of investigating: |
|
(1) fraud committed by commission employees, |
|
including parole officers employed by or under a contract with the |
|
commission; and |
|
(2) crimes committed at a facility operated by the |
|
commission or at a residential facility operated by another entity |
|
under a contract with the commission. |
|
(b) The office of inspector general shall prepare and |
|
deliver a report concerning the results of any investigation |
|
conducted under this section to: |
|
(1) the executive director; |
|
(2) the board; |
|
(3) the governor; |
|
(4) the lieutenant governor; |
|
(5) the speaker of the house of representatives; |
|
(6) the standing committees of the senate and house of |
|
representatives with primary jurisdiction over matters concerning |
|
correctional facilities; |
|
(7) the special prosecution unit; |
|
(8) the state auditor; and |
|
(9) any other appropriate state agency responsible for |
|
licensing or certifying commission employees or facilities. |
|
(c) The report prepared under Subsection (b) must include a |
|
summary of the actions performed by the office of inspector general |
|
in conducting the investigation, a statement of whether the |
|
investigation resulted in a finding that fraud or a criminal |
|
offense occurred, and a description of the finding. The report is |
|
public information under Chapter 552, Government Code, only to the |
|
extent authorized under that chapter and other law. |
|
(d) The office of inspector general may employ and |
|
commission inspectors general as peace officers for the purpose of |
|
carrying out the duties described by this section. An inspector |
|
general shall have all of the powers and duties given to peace |
|
officers under Article 2.13, Code of Criminal Procedure. |
|
(e) Peace officers employed and commissioned under |
|
Subsection (d) must: |
|
(1) be certified by the Commission on Law Enforcement |
|
Officer Standards and Education under Chapter 1701, Occupations |
|
Code; and |
|
(2) complete advanced courses relating to the duties |
|
of peace officers employed and commissioned under Subsection (d) as |
|
part of any continuing education requirements for the peace |
|
officers. |
|
(f) The board shall select a commissioned peace officer as |
|
chief inspector general. The chief inspector general is subject to |
|
the requirements of this section and may only be discharged for |
|
cause. |
|
(g) The chief inspector general shall on a quarterly basis |
|
prepare and deliver a report concerning the operations of the |
|
office of inspector general to: |
|
(1) the executive director; |
|
(2) the board; |
|
(3) the governor; |
|
(4) the lieutenant governor; |
|
(5) the speaker of the house of representatives; |
|
(6) the standing committees of the senate and house of |
|
representatives with primary jurisdiction over correctional |
|
facilities; |
|
(7) the state auditor; and |
|
(8) the comptroller. |
|
(h) A report prepared under Subsection (g) is public |
|
information under Chapter 552, Government Code, to the extent |
|
authorized under that chapter and other law, and the commission |
|
shall publish the report on the commission's Internet website. A |
|
report must be both aggregated and disaggregated by individual |
|
facility and include information relating to: |
|
(1) the types of investigations conducted by the |
|
office of inspector general, such as whether an investigation |
|
concerned narcotics or an alleged incident of sexual abuse; |
|
(2) the relationship of a victim to a perpetrator, if |
|
applicable; and |
|
(3) the number of investigations conducted concerning |
|
suicides, deaths, and hospitalizations of children in the custody |
|
of the commission. |
|
(i) The office of inspector general shall immediately |
|
report to the executive director, the board, the governor's general |
|
counsel, and the state auditor any particularly serious or flagrant |
|
problem concerning the administration of a commission program or |
|
operation or any interference by the board or an employee of the |
|
commission with an investigation conducted by the office. |
|
Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall |
|
establish a permanent, toll-free number for the purpose of |
|
receiving any information concerning the abuse, neglect, or |
|
exploitation of children in the custody of the commission. |
|
(b) The office of inspector general shall ensure that: |
|
(1) the toll-free number is prominently displayed in |
|
each commission facility; and |
|
(2) children in the custody of the commission and |
|
commission employees have access to telephones for the purpose of |
|
calling the toll-free number. |
|
Sec. 61.0461. EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT |
|
CERTAIN COMMISSION FACILITIES. The commission shall ensure that a |
|
chaplain is employed or formally designated for each commission |
|
correctional facility that is an institution. |
|
Sec. 61.061. PLACEMENT IN COMMISSION FACILITIES. (a) The |
|
commission may not assign a child younger than 15 years of age to |
|
the same correctional facility dormitory as a person who is at least |
|
17 years of age unless the commission determines that the placement |
|
is necessary to ensure the safety of children in the custody of the |
|
commission. This subsection does not apply to a dormitory that is |
|
used exclusively for short-term assessment and orientation |
|
purposes. |
|
(b) The commission by rule shall adopt scheduling, housing, |
|
and placement procedures for the purpose of protecting vulnerable |
|
children in the custody of the commission. The procedures must |
|
address the age, physical condition, and treatment needs of a child |
|
as well as any other relevant factor. |
|
(c) The commission shall consider the proximity of the |
|
residence of a child's family in determining the appropriate |
|
commission facility in which to place a child. |
|
Sec. 61.062. ESTABLISHMENT OF MINIMUM LENGTH OF STAY. (a) |
|
The commission shall establish a minimum length of stay for each |
|
child committed to the commission without a determinate sentence. |
|
(b) In establishing a minimum length of stay for a child, |
|
the commission shall consider: |
|
(1) the nature of and seriousness of the conduct |
|
engaged in by the child; and |
|
(2) the danger the child poses to the community. |
|
Sec. 61.0651. INFORMATION PROVIDED BY COMMITTING COURT. In |
|
addition to the information provided under Section 61.065, a court |
|
that commits a child to the commission shall provide the commission |
|
with a copy of the following documents: |
|
(1) the petition and the adjudication and disposition |
|
orders for the child, including the child's thumbprint; |
|
(2) if the commitment is a result of revocation of |
|
probation, a copy of the conditions of probation and the revocation |
|
order; |
|
(3) the social history report for the child; |
|
(4) any psychological or psychiatric reports |
|
concerning the child; |
|
(5) the contact information sheet for the child's |
|
parents or guardian; |
|
(6) any law enforcement incident reports concerning |
|
the offense for which the child is committed; |
|
(7) any sex offender registration information |
|
concerning the child; |
|
(8) any juvenile probation department progress |
|
reports concerning the child; |
|
(9) any assessment documents concerning the child; |
|
(10) the computerized referral and case history for |
|
the child, including case disposition; |
|
(11) the child's birth certificate; |
|
(12) the child's social security number or social |
|
security card, if available; |
|
(13) the name, address, and telephone number of the |
|
court administrator in the committing county; |
|
(14) Title IV-E eligibility screening information for |
|
the child, if available; |
|
(15) the address in the committing county for |
|
forwarding funds collected to which the committing county is |
|
entitled; |
|
(16) any of the child's school or immunization records |
|
that the committing county possesses; |
|
(17) any victim information concerning the case for |
|
which the child is committed; and |
|
(18) any of the child's pertinent medical records that |
|
the committing court possesses. |
|
SECTION 24. Sections 61.071 and 61.072, Human Resources |
|
Code, are amended to read as follows: |
|
Sec. 61.071. INITIAL EXAMINATION. (a) The commission |
|
shall examine and make a study of each child committed to it as soon |
|
as possible after commitment. The study shall be made according to |
|
rules established by the commission and shall include: |
|
(1) long-term planning for the child; and |
|
(2) consideration of the child's medical, substance |
|
abuse, and treatment history, including the child's psychiatric |
|
history and substance abuse history [a determination of whether the
|
|
child will need long-term residential care]. |
|
(b) For a child for whom a minimum length of stay is |
|
established under Section 61.062 of one year or longer, the initial |
|
examination must include a comprehensive psychiatric evaluation. |
|
(c) The commission shall administer comprehensive |
|
psychological assessments to a child as part of the child's initial |
|
examination, including assessments designed to identify whether a |
|
child is in need of a psychiatric evaluation. If the results of a |
|
child's psychological assessments indicate that the child is in |
|
need of a psychiatric evaluation, the commission shall as soon as |
|
practicable conduct a psychiatric evaluation of the child. |
|
Sec. 61.072. REEXAMINATION. The commission shall |
|
periodically reexamine each child under its control, except those |
|
on release under supervision or in foster homes, for the purpose of |
|
determining whether a rehabilitation plan made by the commission |
|
concerning the child should be modified or continued. The |
|
examination must include a study of all current circumstances of a |
|
child's personal and family situation and an evaluation of the |
|
progress made by the child since the child's last examination. The |
|
examination of a child may be made as frequently as the commission |
|
considers necessary [desirable], but shall be made at intervals not |
|
exceeding six months [one year]. |
|
SECTION 25. Subchapter E, Chapter 61, Human Resources Code, |
|
is amended by adding Section 61.0711 to read as follows: |
|
Sec. 61.0711. HEALTH CARE DELIVERY SYSTEM. (a) In |
|
providing medical care, behavioral health care, or rehabilitation |
|
services, the commission shall integrate the provision of those |
|
services in an integrated comprehensive delivery system. |
|
(b) The delivery system may be used to deliver any medical, |
|
behavioral health, or rehabilitation services provided to a child |
|
in the custody of the commission, including: |
|
(1) health care; |
|
(2) dental care; |
|
(3) behavioral health care; |
|
(4) substance abuse treatment; |
|
(5) nutrition; |
|
(6) programming; |
|
(7) case management; and |
|
(8) general rehabilitation services, including |
|
educational, spiritual, daily living, recreational, and security |
|
services. |
|
SECTION 26. Section 61.0731, Human Resources Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) The commission may disclose to a peace officer or law |
|
enforcement agency images of children recorded by an electronic |
|
recording device and incident reporting and investigation |
|
documents containing the names of children if the information is |
|
relevant to the investigation of a criminal offense alleged to have |
|
occurred in a facility operated by or under contract with the |
|
commission. |
|
SECTION 27. Subchapter E, Chapter 61, Human Resources Code, |
|
is amended by adding Sections 61.0763 and 61.0764 to read as |
|
follows: |
|
Sec. 61.0763. RIGHTS OF PARENTS. (a) The commission, in |
|
consultation with advocacy and support groups such as those |
|
described in Section 61.0386(a), shall develop a parent's bill of |
|
rights for distribution to the parent or guardian of a child who is |
|
under 18 years of age and committed to the commission. The parent's |
|
bill of rights must include: |
|
(1) a description of the commission's grievance |
|
policies and procedures, including contact information for the |
|
office of inspector general and the office of the independent |
|
ombudsman established under Chapter 64; |
|
(2) a list of possible incidents that require parental |
|
notification; |
|
(3) policies concerning visits and telephone |
|
conversations with a child committed to the commission; |
|
(4) a description of commission caseworker |
|
responsibilities; and |
|
(5) a statement that the commission caseworker |
|
assigned to a child may assist the child's parent or guardian in |
|
obtaining information and services from the commission and other |
|
resources concerning: |
|
(A) counseling, including substance abuse and |
|
mental health counseling; |
|
(B) assistance programs, including financial and |
|
travel assistance programs for visiting a child committed to the |
|
commission; |
|
(C) workforce preparedness programs; |
|
(D) parenting programs; and |
|
(E) commission seminars. |
|
(b) Not later than 48 hours after the time a child is |
|
admitted to a commission facility, the commission shall mail to the |
|
child's parent or guardian at the last known address of the parent |
|
or guardian: |
|
(1) the parent's bill of rights; and |
|
(2) the contact information of the commission |
|
caseworker assigned to the child. |
|
(c) The commission shall on a quarterly basis provide to the |
|
parent, guardian, or designated advocate of a child who is in the |
|
custody of the commission a report concerning the progress of the |
|
child at the commission, including: |
|
(1) the academic and behavioral progress of the child; |
|
and |
|
(2) the results of any reexamination of the child |
|
conducted under Section 61.072. |
|
(d) The commission shall ensure that written information |
|
provided to a parent or guardian regarding the rights of a child in |
|
the custody of the commission or the rights of a child's parent or |
|
guardian, including the parent's bill of rights, is clear and easy |
|
to understand. |
|
Sec. 61.0764. COMMISSION CASEWORKERS. (a) The commission |
|
shall assign a caseworker to a child committed to the commission. A |
|
commission caseworker shall: |
|
(1) explore family issues and needs with the parent or |
|
guardian of a child committed to the commission; |
|
(2) as needed, provide the parent or guardian of a |
|
child committed to the commission with information concerning |
|
programs and services provided by the commission or another |
|
resource; and |
|
(3) perform other duties required by the commission. |
|
(b) A commission caseworker shall: |
|
(1) at least once a month, attempt to contact the |
|
child's parent or guardian by phone, in person while the parent or |
|
guardian is visiting the facility, or, if necessary, by mail; |
|
(2) if unsuccessful in contacting the child's parent |
|
or guardian under Subdivision (1), attempt at least one additional |
|
time each month to contact the child's parent or guardian; and |
|
(3) document successful as well as unsuccessful |
|
attempts to contact the child's parent or guardian. |
|
(c) To the extent practicable, a caseworker or another |
|
facility administrator shall attempt to communicate with a parent |
|
or guardian who does not speak English in the language of choice of |
|
the parent or guardian. |
|
SECTION 28. Section 61.079(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) After a child sentenced to commitment under Section |
|
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years |
|
of age but before the child becomes 19 [21] years of age, the |
|
commission may refer the child to the juvenile court that entered |
|
the order of commitment for approval of the child's transfer to the |
|
[institutional division of the] Texas Department of Criminal |
|
Justice for confinement if: |
|
(1) the child has not completed the sentence; and |
|
(2) the child's conduct, regardless of whether the |
|
child was released under supervision under Section 61.081, |
|
indicates that the welfare of the community requires the transfer. |
|
SECTION 29. Subchapter E, Chapter 61, Human Resources Code, |
|
is amended by adding Section 61.0791 to read as follows: |
|
Sec. 61.0791. EVALUATION OF CERTAIN CHILDREN SERVING |
|
DETERMINATE SENTENCES. (a) When a child who is sentenced to |
|
commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), |
|
Family Code, becomes 18 years of age, the commission shall evaluate |
|
whether the child is in need of additional services that can be |
|
completed in the six-month period after the child's 18th birthday |
|
to prepare the child for release from the custody of the commission |
|
or transfer to the Texas Department of Criminal Justice. |
|
(b) This section does not apply to a child who is released |
|
from the custody of the commission or who is transferred to the |
|
Texas Department of Criminal Justice before the child's 18th |
|
birthday. |
|
SECTION 30. Subchapter F, Chapter 61, Human Resources Code, |
|
is amended by adding Sections 61.0814, 61.0815, and 61.0816 to read |
|
as follows: |
|
Sec. 61.0814. REENTRY AND REINTEGRATION PLAN. (a) The |
|
commission shall develop a reentry and reintegration plan for each |
|
child committed to the custody of the commission. The plan for a |
|
child must be designed to ensure that the child receives an |
|
extensive continuity of care in services from the time the child is |
|
committed to the commission to the time of the child's final |
|
discharge from the commission. The plan for a child must include, |
|
as applicable: |
|
(1) housing assistance; |
|
(2) a step-down program, such as placement in a |
|
halfway house; |
|
(3) family counseling; |
|
(4) academic and vocational mentoring; |
|
(5) trauma counseling for a child who is a victim of |
|
abuse while in the custody of the commission; and |
|
(6) other specialized treatment services appropriate |
|
for the child. |
|
(b) If a program or service in the child's reentry and |
|
reintegration plan is not available at the time the child is to be |
|
released, the commission shall find a suitable alternative program |
|
or service so that the child's release is not postponed. |
|
Sec. 61.0815. COMPLETION OF MINIMUM LENGTH OF STAY. (a) |
|
After a child who is committed to the commission without a |
|
determinate sentence completes the minimum length of stay |
|
established by the commission for the child under Section 61.062, |
|
the commission shall, in the manner provided by this section: |
|
(1) discharge the child from the custody of the |
|
commission; |
|
(2) release the child under supervision under Section |
|
61.081; or |
|
(3) extend the length of the child's stay in the |
|
custody of the commission. |
|
(b) The commission by rule shall establish a panel whose |
|
function is to review and determine whether a child who has |
|
completed the child's minimum length of stay should be discharged |
|
from the custody of the commission as provided by Subsection |
|
(a)(1), be released under supervision under Section 61.081 as |
|
provided by Subsection (a)(2), or remain in the custody of the |
|
commission for an additional period of time as provided by |
|
Subsection (a)(3). |
|
(c) The board shall determine the size of the panel and the |
|
length of the members' terms of service on the panel. The panel |
|
must consist of an odd number of members and the terms of the |
|
panel's members must last for at least two years. The board shall |
|
adopt policies that ensure the transparency, consistency, and |
|
objectivity of the panel's composition, procedures, and decisions. |
|
The board shall appoint persons to serve as members of the panel. A |
|
person appointed to the panel must be a commission employee who |
|
works at the commission's central office. A member of the panel may |
|
not be involved in any supervisory decisions concerning children in |
|
the custody of the commission. |
|
(d) The panel may extend the length of the child's stay as |
|
provided by Subsection (a)(3) only if the panel determines by |
|
majority vote and on the basis of clear and convincing evidence that |
|
the child is in need of additional rehabilitation from the |
|
commission and that the commission will provide the most suitable |
|
environment for that rehabilitation. In extending the length of a |
|
child's stay, the panel must specify the additional period of time |
|
that the child is to remain in the custody of the commission and |
|
must conduct an additional review and determination as provided by |
|
this section on the child's completion of the additional term of |
|
stay. If the panel determines that the child's length of stay |
|
should not be extended, the commission must discharge the child |
|
from the custody of the commission as provided by Subsection (a)(1) |
|
or release the child under supervision under Section 61.081 as |
|
provided by Subsection (a)(2). |
|
(e) The commission shall maintain statistics of the number |
|
of extensions granted by the panel. The statistics must include |
|
aggregated information concerning: |
|
(1) the race, sex, specialized treatment needs, and |
|
county of origin for each child for whom an extension order is |
|
requested; |
|
(2) the facility in which the child is confined; and |
|
(3) if applicable, any allegations concerning the |
|
abuse, mistreatment, or neglect of the child, aggregated by the |
|
type of misconduct to which the child was subjected. |
|
(f) To the extent authorized under law, the statistics |
|
maintained under Subsection (e) are public information under |
|
Chapter 552, Government Code, and the commission shall post the |
|
statistics on the commission's Internet website. The commission |
|
shall prepare and deliver to the standing committees of the senate |
|
and house of representatives with primary jurisdiction over matters |
|
concerning correctional facilities a report concerning the |
|
statistics maintained under Subsection (e). |
|
(g) The commission shall provide a report to the parent, |
|
guardian, or designated advocate of a child whose length of stay is |
|
extended under this section explaining the panel's reason for the |
|
extension. |
|
Sec. 61.0816. REQUEST FOR RECONSIDERATION OF EXTENSION |
|
ORDER. (a) The commission by rule shall establish a process to |
|
request the reconsideration of an extension order issued by the |
|
panel established under Section 61.0815. |
|
(b) The process to request reconsideration must provide |
|
that: |
|
(1) a child, a parent, guardian, or designated |
|
advocate of a child, an employee of the commission, or a person who |
|
provides volunteer services at a commission facility may submit a |
|
request for reconsideration of an extension order; |
|
(2) the person submitting the request for |
|
reconsideration of an extension order must state in the request the |
|
reason for the request; |
|
(3) after receiving a request for reconsideration of |
|
an extension order, the panel shall reconsider an extension order |
|
that: |
|
(A) extends the child's stay in the custody of |
|
the commission by six months or more; or |
|
(B) combined with previous extension orders will |
|
result in an extension of the child's stay in the custody of the |
|
commission by six months or more; |
|
(4) the panel's reconsideration of an extension order |
|
includes consideration of the information submitted in the request; |
|
and |
|
(5) the panel shall send a written reply to the child, |
|
the parent, guardian, or designated advocate of the child, and the |
|
person who made the request for reconsideration of an extension |
|
order that includes an explanation of the panel's decision after |
|
reconsidering the extension order, including an indication that the |
|
panel has considered the information submitted in the request. |
|
(c) The commission shall create a form for a request for |
|
reconsideration of an extension order that is clear and easy to |
|
understand. The commission shall ensure that a child may request |
|
assistance in completing a request for reconsideration of an |
|
extension order. |
|
(d) The commission shall maintain statistics of the number |
|
of requests for reconsideration of an extension order that are |
|
submitted and the action taken on reconsideration of the extension |
|
order. The statistics must include aggregated information |
|
concerning: |
|
(1) the race, sex, specialized treatment needs, and |
|
county of origin for each child for whom a request for |
|
reconsideration of an extension order is submitted; |
|
(2) whether a request for reconsideration of an |
|
extension order results in: |
|
(A) a discharge or release under supervision; or |
|
(B) the original extension order being upheld; |
|
(3) the facility in which the child is confined; and |
|
(4) if applicable, any allegations concerning the |
|
abuse, mistreatment, or neglect of the child, aggregated by the |
|
type of misconduct to which the child was subjected. |
|
(e) To the extent authorized under law, the statistics |
|
maintained under Subsection (d) are public information under |
|
Chapter 552, Government Code, and the commission shall post the |
|
statistics on the commission's Internet website. The commission |
|
shall prepare and deliver to the standing committees of the senate |
|
and house of representatives with primary jurisdiction over matters |
|
concerning correctional facilities a report concerning the |
|
statistics maintained under Subsection (d). |
|
SECTION 31. Sections 61.084(e) and (g), Human Resources |
|
Code, are amended to read as follows: |
|
(e) Except as provided by Subsection [(f) or] (g), the |
|
commission shall discharge from its custody a person not already |
|
discharged on the person's 19th [21st] birthday. |
|
(g) The commission shall transfer a person who has been |
|
sentenced under a determinate sentence to commitment under Section |
|
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been |
|
returned to the commission under Section 54.11(i)(1), Family Code, |
|
to the custody of the [pardons and paroles division of the] Texas |
|
Department of Criminal Justice on the person's 19th [21st] |
|
birthday, if the person has not already been discharged or |
|
transferred, to serve the remainder of the person's sentence on |
|
parole as provided by Section 508.156, Government Code. |
|
SECTION 32. Section 61.0841, Human Resources Code, is |
|
amended by amending Subsection (a) and adding Subsection (c) to |
|
read as follows: |
|
(a) Not later than the 90th day before the date the |
|
commission transfers a person to the custody of [the pardons and
|
|
paroles division of] the Texas Department of Criminal Justice for |
|
release on parole under Section 61.081(f) or 61.084(g) [61.084(f)
|
|
or (g)], the commission shall submit to the department all |
|
pertinent information relating to the person, including: |
|
(1) the juvenile court judgment; |
|
(2) the circumstances of the person's offense; |
|
(3) the person's previous social history and juvenile |
|
court records; |
|
(4) the person's physical and mental health record; |
|
(5) a record of the person's conduct, employment |
|
history, and attitude while committed to the commission; |
|
(6) a record of the sentence time served by the person |
|
at the commission and in a juvenile detention facility in |
|
connection with the conduct for which the person was adjudicated; |
|
and |
|
(7) any written comments or information provided by |
|
the commission, local officials, family members of the person, [or] |
|
victims of the offense, or the general public. |
|
(c) The Texas Department of Criminal Justice shall grant |
|
credit for sentence time served by a person at the commission and in |
|
a juvenile detention facility, as recorded by the commission under |
|
Subsection (a)(6), in computing the person's eligibility for parole |
|
and discharge from the department. |
|
SECTION 33. Subchapter G, Chapter 61, Human Resources Code, |
|
is amended by adding Sections 61.098 and 61.099 to read as follows: |
|
Sec. 61.098. CERTAIN CRIMES CONCERNING THE COMMISSION. (a) |
|
In this section, "special prosecution unit" means the special |
|
prosecution unit established under Subchapter E, Chapter 41, |
|
Government Code. |
|
(b) As appropriate, the district attorney, criminal |
|
district attorney, or county attorney representing the state in |
|
criminal matters before the district or inferior courts of the |
|
county who would otherwise represent the state in the prosecution |
|
of an offense or delinquent conduct concerning the commission and |
|
described by Article 104.003(a), Code of Criminal Procedure, may |
|
request that the special prosecution unit prosecute the offense or |
|
delinquent conduct. |
|
(c) The office of inspector general shall on a quarterly |
|
basis prepare and deliver to the board of directors of the special |
|
prosecution unit a report concerning: |
|
(1) any alleged criminal offense or delinquent conduct |
|
concerning the commission and described by Article 104.003(a), Code |
|
of Criminal Procedure, that occurred during the preceding calendar |
|
quarter; and |
|
(2) the disposition of any case involving a criminal |
|
offense or delinquent conduct concerning the commission and |
|
described by Article 104.003(a), Code of Criminal Procedure, that |
|
occurred during the preceding calendar quarter. |
|
(d) Notwithstanding Subsection (c), the office of inspector |
|
general shall immediately provide the special prosecution unit with |
|
a report concerning an alleged criminal offense or delinquent |
|
conduct concerning the commission and described by Article |
|
104.003(a), Code of Criminal Procedure, if the chief inspector |
|
general reasonably believes the offense or conduct is particularly |
|
serious and egregious. |
|
(e) The chief inspector general of the office of inspector |
|
general, at the direction of the board of directors of the special |
|
prosecution unit, shall notify the foreman of the appropriate grand |
|
jury, in the manner provided by Article 20.09, Code of Criminal |
|
Procedure, if: |
|
(1) the chief inspector general receives credible |
|
evidence of illegal or improper conduct by commission officers, |
|
employees, or contractors that the inspector general reasonably |
|
believes jeopardizes the health, safety, and welfare of children in |
|
the custody of the commission; |
|
(2) the chief inspector general reasonably believes |
|
the conduct: |
|
(A) could constitute an offense under Article |
|
104.003(a), Code of Criminal Procedure; and |
|
(B) involves the alleged physical or sexual abuse |
|
of a child in the custody of a commission facility or an |
|
investigation related to the alleged abuse; and |
|
(3) the chief inspector general has reason to believe |
|
that information concerning the conduct has not previously been |
|
presented to the appropriate grand jury. |
|
Sec. 61.099. DUTY TO FILE COMPLAINT WITH LAW ENFORCEMENT |
|
AGENCY. If the executive director has reasonable cause to believe |
|
that a child in the custody of the commission is the victim of a |
|
crime committed at a commission facility, the executive director |
|
shall immediately file a complaint with the appropriate law |
|
enforcement agency. |
|
SECTION 34. Subtitle A, Title 3, Human Resources Code, is |
|
amended by adding Chapter 64 to read as follows: |
|
CHAPTER 64. OFFICE OF INDEPENDENT OMBUDSMAN OF THE TEXAS YOUTH |
|
COMMISSION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 64.001. DEFINITIONS. In this chapter: |
|
(1) "Commission" means the Texas Youth Commission. |
|
(2) "Independent ombudsman" means the individual who |
|
has been appointed under this chapter to the office of independent |
|
ombudsman. |
|
(3) "Office" means the office of independent ombudsman |
|
created under this chapter. |
|
Sec. 64.002. ESTABLISHMENT; PURPOSE. The office of |
|
independent ombudsman is a state agency established for the purpose |
|
of investigating, evaluating, and securing the rights of the |
|
children committed to the commission, including a child released |
|
under supervision before final discharge. |
|
Sec. 64.003. INDEPENDENCE. (a) The independent ombudsman |
|
in the performance of its duties and powers under this chapter acts |
|
independently of the commission. |
|
(b) Funding for the independent ombudsman is appropriated |
|
separately from funding for the commission. |
|
[Sections 64.004-64.050 reserved for expansion] |
|
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE |
|
Sec. 64.051. APPOINTMENT BY GOVERNOR. (a) The governor |
|
shall appoint the independent ombudsman with the advice and consent |
|
of the senate for a term of two years, expiring February 1 of |
|
odd-numbered years. |
|
(b) A person appointed as independent ombudsman is eligible |
|
for reappointment but may not serve more than three terms in that |
|
capacity. |
|
Sec. 64.052. ASSISTANTS. The independent ombudsman may |
|
hire assistants to perform, under the direction of the independent |
|
ombudsman, the same duties and exercise the same powers as the |
|
independent ombudsman. |
|
Sec. 64.053. CONFLICT OF INTEREST. (a) A person may not |
|
serve as independent ombudsman or as an assistant to the |
|
independent ombudsman if the person or the person's spouse: |
|
(1) is employed by or participates in the management |
|
of a business entity or other organization receiving funds from the |
|
commission; |
|
(2) owns or controls, directly or indirectly, any |
|
interest in a business entity or other organization receiving funds |
|
from the commission; or |
|
(3) uses or receives any amount of tangible goods, |
|
services, or funds from the commission. |
|
(b) A person may not serve as independent ombudsman or as an |
|
assistant to the independent ombudsman if the person or the |
|
person's spouse is required to register as a lobbyist under Chapter |
|
305, Government Code, because of the person's activities for |
|
compensation on behalf of a profession related to the operation of |
|
the commission. |
|
(c) A person may not serve as independent ombudsman or as an |
|
assistant to the independent ombudsman if the person or the |
|
person's spouse is an officer, employee, manager, or paid |
|
consultant of a Texas trade association in the field of criminal or |
|
juvenile justice. |
|
(d) For the purposes of this section, a Texas trade |
|
association is a nonprofit, cooperative, and voluntarily joined |
|
association of business or professional competitors in this state |
|
designed to assist its members and its industry or profession in |
|
dealing with mutual business or professional problems and in |
|
promoting their common interest. |
|
Sec. 64.054. SUNSET PROVISION. The office is subject to |
|
review under Chapter 325, Government Code (Texas Sunset Act), but |
|
is not abolished under that chapter. The office shall be reviewed |
|
during the periods in which state agencies abolished in 2009 and |
|
every 12th year after 2009 are reviewed. |
|
Sec. 64.055. REPORT. (a) The independent ombudsman shall |
|
submit on a quarterly basis to the governor, the lieutenant |
|
governor, and each member of the legislature a report that is both |
|
aggregated and disaggregated by individual facility and describes: |
|
(1) the work of the independent ombudsman; |
|
(2) the results of any review or investigation |
|
undertaken by the independent ombudsman, including reviews or |
|
investigation of services contracted by the commission; and |
|
(3) any recommendations that the independent |
|
ombudsman has in relation to the duties of the independent |
|
ombudsman. |
|
(b) The independent ombudsman shall immediately report to |
|
the governor, the lieutenant governor, the speaker of the house of |
|
representatives, the state auditor, and the office of the inspector |
|
general of the commission any particularly serious or flagrant: |
|
(1) case of abuse or injury of a child committed to the |
|
commission; |
|
(2) problem concerning the administration of a |
|
commission program or operation; |
|
(3) problem concerning the delivery of services in a |
|
facility operated by or under contract with the commission; or |
|
(4) interference by the commission with an |
|
investigation conducted by the office. |
|
Sec. 64.056. COMMUNICATION AND CONFIDENTIALITY. (a) The |
|
commission shall allow any child committed to the commission to |
|
communicate with the independent ombudsman or an assistant to the |
|
ombudsman. The communication: |
|
(1) may be in person, by mail, or by any other means; |
|
and |
|
(2) is confidential and privileged. |
|
(b) The records of the independent ombudsman are |
|
confidential, except that the independent ombudsman shall: |
|
(1) share with the office of inspector general of the |
|
commission a communication with a child that may involve the abuse |
|
or neglect of the child; and |
|
(2) disclose its nonprivileged records if required by |
|
a court order on a showing of good cause. |
|
(c) The independent ombudsman may make reports relating to |
|
an investigation public after the investigation is complete but |
|
only if the names of all children, parents, and employees are |
|
redacted from the report and remain confidential. |
|
(d) The name, address, or other personally identifiable |
|
information of a person who files a complaint with the office of |
|
independent ombudsman, information generated by the office of |
|
independent ombudsman in the course of an investigation, and |
|
confidential records obtained by the office of independent |
|
ombudsman are confidential and not subject to disclosure under |
|
Chapter 552, Government Code, except that the information and |
|
records, other than confidential information and records |
|
concerning a pending law enforcement investigation or criminal |
|
action, may be disclosed to the appropriate person if the office |
|
determines that disclosure is: |
|
(1) in the general public interest; |
|
(2) necessary to enable the office to perform the |
|
responsibilities provided under this section; or |
|
(3) necessary to identify, prevent, or treat the abuse |
|
or neglect of a child. |
|
Sec. 64.057. PROMOTION OF AWARENESS OF OFFICE. The |
|
independent ombudsman shall promote awareness among the public and |
|
the children committed to the commission of: |
|
(1) how the office may be contacted; |
|
(2) the purpose of the office; and |
|
(3) the services the office provides. |
|
Sec. 64.058. RULEMAKING AUTHORITY. The office by rule |
|
shall establish policies and procedures for the operations of the |
|
office of independent ombudsman. |
|
Sec. 64.059. AUTHORITY OF STATE AUDITOR. The office is |
|
subject to audit by the state auditor in accordance with Chapter |
|
321, Government Code. |
|
[Sections 64.060-64.100 reserved for expansion] |
|
SUBCHAPTER C. DUTIES AND POWERS |
|
Sec. 64.101. DUTIES AND POWERS. (a) The independent |
|
ombudsman shall: |
|
(1) review the procedures established by the |
|
commission and evaluate the delivery of services to children to |
|
ensure that the rights of children are fully observed; |
|
(2) review complaints filed with the independent |
|
ombudsman concerning the actions of the commission and investigate |
|
each complaint in which it appears that a child may be in need of |
|
assistance from the independent ombudsman; |
|
(3) conduct investigations of complaints, other than |
|
complaints alleging criminal behavior, if the office determines |
|
that: |
|
(A) a child committed to the commission or the |
|
child's family may be in need of assistance from the office; or |
|
(B) a systemic issue in the commission's |
|
provision of services is raised by a complaint; |
|
(4) review or inspect periodically the facilities and |
|
procedures of any institution or residence in which a child has been |
|
placed by the commission, whether public or private, to ensure that |
|
the rights of children are fully observed; |
|
(5) provide assistance to a child or family who the |
|
independent ombudsman determines is in need of assistance, |
|
including advocating with an agency, provider, or other person in |
|
the best interests of the child; |
|
(6) review court orders as necessary to fulfill its |
|
duties; |
|
(7) recommend changes in any procedure relating to the |
|
treatment of children committed to the commission; |
|
(8) make appropriate referrals under any of the duties |
|
and powers listed in this subsection; and |
|
(9) supervise assistants who are serving as advocates |
|
in their representation of children committed to the commission in |
|
internal administrative and disciplinary hearings. |
|
(b) The independent ombudsman may apprise persons who are |
|
interested in a child's welfare of the rights of the child. |
|
(c) To assess if a child's rights have been violated, the |
|
independent ombudsman may, in any matter that does not involve |
|
alleged criminal behavior, contact or consult with an |
|
administrator, employee, child, parent, expert, or any other |
|
individual in the course of its investigation or to secure |
|
information. |
|
(d) Notwithstanding any other provision of this chapter, |
|
the independent ombudsman may not investigate alleged criminal |
|
behavior. |
|
Sec. 64.102. TREATMENT OF COMMISSION EMPLOYEES WHO |
|
COOPERATE WITH INDEPENDENT OMBUDSMAN. The commission may not |
|
discharge or in any manner discriminate or retaliate against an |
|
employee who in good faith makes a complaint to the office of |
|
independent ombudsman or cooperates with the office in an |
|
investigation. |
|
Sec. 64.103. TRAINING. The independent ombudsman shall |
|
attend annual sessions, including the training curriculum for |
|
juvenile correctional officers required under Section 61.0356, and |
|
may participate in other appropriate professional training. |
|
[Sections 64.104-64.150 reserved for expansion] |
|
SUBCHAPTER D. ACCESS TO INFORMATION |
|
Sec. 64.151. ACCESS TO INFORMATION OF GOVERNMENTAL |
|
ENTITIES. (a) The commission shall allow the independent |
|
ombudsman access to its records relating to the children committed |
|
to the commission. |
|
(b) The Department of Public Safety shall allow the |
|
independent ombudsman access to the juvenile justice information |
|
system established under Subchapter B, Chapter 58, Family Code. |
|
(c) A local law enforcement agency shall allow the |
|
independent ombudsman access to its records relating to any child |
|
in the care or custody of the commission. |
|
Sec. 64.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. |
|
The independent ombudsman shall have access to the records of a |
|
private entity that relate to a child committed to the commission. |
|
SECTION 35. Section 110.302(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) The Texas Board of Criminal Justice [or the governing
|
|
board of the Texas Youth Commission] may vote to exempt employees of |
|
the Texas Department of Criminal Justice [or the Texas Youth
|
|
Commission, as appropriate,] from a specific licensing requirement |
|
imposed under this section if the board determines that the |
|
requirement causes financial or operational hardship on the agency. |
|
The Texas Youth Commission may not exempt any employee of the |
|
commission from a licensing requirement imposed by this section for |
|
any reason. |
|
SECTION 36. Sections 39.04(a) and (b), Penal Code, are |
|
amended to read as follows: |
|
(a) An official of a correctional facility, an employee of a |
|
correctional facility, a person other than an employee who works |
|
for compensation at a correctional facility, a volunteer at a |
|
correctional facility, or a peace officer commits an offense if the |
|
person intentionally: |
|
(1) denies or impedes a person in custody in the |
|
exercise or enjoyment of any right, privilege, or immunity knowing |
|
his conduct is unlawful; or |
|
(2) engages in sexual contact, sexual intercourse, or |
|
deviate sexual intercourse with an individual in custody or, in the |
|
case of an individual in the custody of the Texas Youth Commission, |
|
employs, authorizes, or induces the individual to engage in sexual |
|
conduct or a sexual performance. |
|
(b) An offense under Subsection (a)(1) is a Class A |
|
misdemeanor. An offense under Subsection (a)(2) is a state jail |
|
felony, except that an offense under Subsection (a)(2) is a felony |
|
of the second degree if the individual is in the custody of the |
|
Texas Youth Commission. |
|
SECTION 37. Section 39.04(e), Penal Code, is amended by |
|
adding Subdivisions (4) and (5) to read as follows: |
|
(4) "Sexual conduct" and "performance" have the |
|
meanings assigned by Section 43.25. |
|
(5) "Sexual performance" means any performance or part |
|
thereof that includes sexual conduct by an individual. |
|
SECTION 38. The following laws are repealed: |
|
(1) Sections 54.04(s) and (t), Family Code; |
|
(2) Section 54.05(k), Family Code; and |
|
(3) Section 61.084(f), Human Resources Code. |
|
SECTION 39. A person committed to the Texas Youth |
|
Commission on the basis of conduct constituting the commission of |
|
an offense of the grade of misdemeanor under Section 54.04(d)(2), |
|
Family Code, as it existed before the effective date of this Act, |
|
must be discharged from the custody of the Texas Youth Commission |
|
not later than the person's 19th birthday. |
|
SECTION 40. The change in law made by Section 54.052, Family |
|
Code, as added by this Act, and Section 61.0841(c), Human Resources |
|
Code, as added by this Act, applies only to conduct for which a |
|
child is adjudicated on or after the effective date of this Act. A |
|
child who is adjudicated before the effective date of this Act is |
|
governed by the law in effect when the child was adjudicated, and |
|
the former law is continued in effect for that purpose. |
|
SECTION 41. The change in law made by this Act to Section |
|
39.04, Penal Code, applies only to an offense committed on or after |
|
September 1, 2007. An offense committed before September 1, 2007, |
|
is governed by the law in effect when the offense was committed, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before September |
|
1, 2007, if any element of the offense occurred before that date. |
|
SECTION 42. The Texas Youth Commission shall develop and |
|
adopt a mission statement, as required by Section 61.0345, Human |
|
Resources Code, as added by this Act, on or before October 1, 2007. |
|
SECTION 43. (a) Section 61.0356(b), Human Resources Code, |
|
as added by this Act, applies only to a juvenile correctional |
|
officer hired by the Texas Youth Commission on or after the |
|
effective date of this Act. As soon as practicable but not later |
|
than six months after the effective date of this Act, the Texas |
|
Youth Commission shall complete providing the training to juvenile |
|
correctional officers hired before the effective date of this Act |
|
that is necessary to conform to the requirements of Section |
|
61.0356(b), Human Resources Code, as added by this Act. |
|
(b) As soon as practicable after the effective date of this |
|
Act, the Texas Youth Commission shall ensure that: |
|
(1) each correctional facility operated by the |
|
commission that has a dormitory, including an open-bay dormitory, |
|
has a ratio of not less than one juvenile correctional officer |
|
performing direct supervisory duties for every 12 children |
|
committed to the facility, as required by Section 61.0356(d), Human |
|
Resources Code, as added by this Act; and |
|
(2) male children younger than 15 years of age are |
|
assigned to separate correctional facility dorms from persons who |
|
are at least 17 years of age as required by Section 61.061, Human |
|
Resources Code, as added by this Act. |
|
SECTION 44. As soon as practicable after the effective date |
|
of this Act, the governor shall appoint the independent ombudsman |
|
of the Texas Youth Commission, as required by Section 64.051, Human |
|
Resources Code, as added by this Act, with a term of office expiring |
|
February 1, 2009. |
|
SECTION 45. Before October 1, 2007, the Texas Youth |
|
Commission shall certify to the Employees Retirement System of |
|
Texas, in the manner prescribed by the retirement system, the name |
|
of each person employed by the office of inspector general at the |
|
Texas Youth Commission as a law enforcement officer, as defined by |
|
Section 811.001, Government Code, as amended by this Act, and any |
|
other information the system determines is necessary for the |
|
crediting of service and financing of benefits under Subtitle B, |
|
Title 8, Government Code. |
|
SECTION 46. As soon as practicable after the effective date |
|
of this Act, the Texas Youth Commission shall, in the manner |
|
prescribed by Section 61.0357, Human Resources Code, as added by |
|
this Act, begin obtaining national criminal history record |
|
information for each person who is described by Section 61.0357(b), |
|
Human Resources Code, as added by this Act. |
|
SECTION 47. (a) Not later than September 30, 2007, the |
|
board of directors of the special prosecution unit established by |
|
Subchapter E, Chapter 41, Government Code, as added by this Act, |
|
shall elect the initial members of the executive board of the board |
|
of directors as required by Section 41.304, Government Code, as |
|
added by this Act. In electing those members, the board of |
|
directors shall specify: |
|
(1) which members serve terms expiring in |
|
even-numbered years and which serve terms expiring in odd-numbered |
|
years; and |
|
(2) the beginning and end dates of the terms served by |
|
the members of the executive board. |
|
(b) Not later than September 30, 2007, the board of |
|
directors of the special prosecution unit established by Subchapter |
|
E, Chapter 41, Government Code, as added by this Act, shall elect |
|
the presiding officer and the assistant presiding officer of the |
|
board of directors and the executive board of the board of directors |
|
as required by Section 41.305, Government Code, as added by this |
|
Act. In electing those officers, the board of directors shall |
|
specify the beginning and end dates of the terms served by the |
|
officers. |
|
(c) As soon as possible after the effective date of this |
|
Act, the executive board of the board of directors of the special |
|
prosecution unit established by Subchapter E, Chapter 41, |
|
Government Code, as added by this Act, shall elect the counsellor as |
|
required by Section 41.309, Government Code, as added by this Act. |
|
SECTION 48. 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. |