By: Hinojosa, et al. S.B. No. 103

(In the Senate - Filed November 13, 2006; January 29, 2007, read first time and referred to Committee on Criminal Justice; April 17, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 17, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 103 By: Hinojosa

A BILL TO BE ENTITLED

AN ACT

relating to the Texas Youth Commission; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 2.12, Code of Criminal Procedure, is amended to read as follows:

Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage Commission;

(7) each member of an arson investigating unit commissioned by a city, a county, or the state;

(8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services Commission;

(10) law enforcement officers commissioned by the Parks and Wildlife Commission;

(11) airport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;

(12) airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;

(13) municipal park and recreational patrolmen and security officers;

(14) security officers and investigators commissioned as peace officers by the comptroller;

(15) officers commissioned by a water control and improvement district under Section 49.216, Water Code;

(16) officers commissioned by a board of trustees under Chapter 54, Transportation Code;

(17) investigators commissioned by the Texas Medical [State] Board [of Medical Examiners];

(18) officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;

(19) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;

(20) investigators employed by the Texas Racing Commission;

(21) officers commissioned under Chapter 554, Occupations Code;

(22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;

(23) investigators commissioned by the attorney general under Section 402.009, Government Code;

(24) security officers and investigators commissioned as peace officers under Chapter 466, Government Code;

(25) an officer employed by the [Texas] Department of State Health Services under Section 431.2471, Health and Safety Code;

(26) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;

(27) officers commissioned by the state fire marshal under Chapter 417, Government Code;

(28) an investigator commissioned by the commissioner of insurance under Section 701.104 [Article 1.10D], Insurance Code;

(29) apprehension specialists and inspectors general commissioned by the Texas Youth Commission as officers under Sections 61.0451 and [Section] 61.0931, Human Resources Code;

(30) officers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code;

(31) investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;

(32) commission investigators commissioned by the Texas [Commission on] Private Security Board under Section 1702.061(f), Occupations Code;

(33) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; and

(34) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section.

SECTION 2. Subsection (f), Article 61.10, Code of Criminal Procedure, is amended to read as follows:

(f) The task force shall consist of:

(1) a representative of the Department of Public Safety designated by the director of that agency;

(2) a representative of the Texas Department of Criminal Justice designated by the executive director of that agency;

(3) a representative of the Texas Youth Commission designated by the executive commissioner [director] of that agency;

(4) a representative of the Texas Juvenile Probation Commission designated by the executive director of that agency;

(5) a representative of the Criminal Justice Policy Council designated by the executive director of that agency;

(6) a representative of the office of the attorney general designated by the attorney general; and

(7) three local law enforcement or adult or juvenile community supervision personnel and a prosecuting attorney designated by the governor.

SECTION 3. Subsection (a), Article 104.003, Code of Criminal Procedure, is amended to read as follows:

(a) In a prosecution of a felony committed while the actor was a prisoner in the custody of the Texas Department of Criminal Justice, [Corrections or] a prosecution of an offense committed in the department by any person under Section 38.11, Penal Code [Chapter 21, Acts of 55th Legislature, Regular Session, 1957 (Article 6184m, Vernon's Texas Civil Statutes)], [or] Chapter 481, Health and Safety Code, or Sections 485.031 through 485.035, Health and Safety Code, a prosecution of a criminal offense or delinquent conduct committed on property owned or operated by or under contract with the Texas Youth Commission, or a prosecution of a criminal offense or delinquent conduct committed by or against a person in the custody of the commission while the person was performing a duty away from commission property, the state shall reimburse the county for expenses incurred by the county, in an amount that the court determines to be reasonable, for payment of:

(1) salaries and expenses of foreign language interpreters and interpreters for deaf persons whose services are necessary to the prosecution;

(2) consultation fees of experts whose assistance is directly related to the prosecution;

(3) travel expenses for witnesses;

(4) expenses for the food, lodging, and compensation of jurors;

(5) compensation of witnesses;

(6) the cost of preparation of a statement of facts and a transcript of the trial for purposes of appeal;

(7) if the death of a person is an element of the offense, expenses of an inquest relating to the death;

(8) food, lodging, and travel expenses incurred by the prosecutor's staff during travel essential to the prosecution of the offense;

(9) court reporter's fees; and

(10) the cost of special security officers.

SECTION 4. Subsection (a), Section 37.203, Education Code, is amended to read as follows:

(a) The center is advised by a board of directors composed of:

(1) the attorney general, or the attorney general's designee;

(2) the commissioner, or the commissioner's designee;

(3) the executive director of the Texas Juvenile Probation Commission, or the executive director's designee;

(4) the executive commissioner [director] of the Texas Youth Commission, or the executive commissioner's [director's] designee;

(5) the commissioner of the Texas Department of Mental Health and Mental Retardation, or the commissioner's designee; and

(6) the following members appointed by the governor with the advice and consent of the senate:

(A) a juvenile court judge;

(B) a member of a school district's board of trustees;

(C) an administrator of a public primary school;

(D) an administrator of a public secondary school;

(E) a member of the state parent-teacher association;

(F) a teacher from a public primary or secondary school;

(G) a public school superintendent who is a member of the Texas Association of School Administrators;

(H) a school district police officer or a peace officer whose primary duty consists of working in a public school; and

(I) two members of the public.

SECTION 5. Subsections (d), (o), and (u), Section 54.04, Family Code, are amended to read as follows:

(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 may determine:

(A) in the child's own home or in the custody of a relative or other fit person; or

(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;

(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 grade of felony [or, if the requirements of Subsection (s) or (t) are met, of the grade of misdemeanor,] and if the petition was not approved by the grand jury under Section 53.045, the court may commit the child to the Texas Youth Commission without a determinate sentence;

(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:

(A) not more than 40 years if the conduct constitutes:

(i) a capital felony;

(ii) a felony of the first degree; or

(iii) an aggravated controlled substance felony;

(B) not more than 20 years if the conduct constitutes a felony of the second degree; or

(C) not more than 10 years if the conduct constitutes a felony of the third degree;

(4) the court may assign the child an appropriate sanction level and sanctions as provided by the assignment guidelines in Section 59.003; or

(5) if applicable, the court or jury may make a disposition under Subsection (m).

(o) In a disposition under this title:

(1) a status offender may not, under any circumstances, be committed to the Texas Youth Commission for engaging in conduct that would not, under state or local law, be a crime if committed by an adult;

(2) a status offender may not, under any circumstances other than as provided under Subsection (n), be placed in a post-adjudication secure correctional facility; [and]

(3) a child adjudicated for contempt of a county, justice, or municipal court order may not, under any circumstances, be placed in a post-adjudication secure correctional facility or committed to the Texas Youth Commission for that conduct; and

(4) a child adjudicated as having engaged in delinquent conduct violating a penal law of this state or the United States of the grade of misdemeanor may not, under any circumstances, be committed to the Texas Youth Commission for that conduct.

(u) For the purposes of disposition under Subsection (d)(2), delinquent conduct that violates a penal law of this state of the grade of felony [or misdemeanor] does not include conduct that violates a lawful order of a county, municipal, justice, or juvenile court under circumstances that would constitute contempt of that court.

SECTION 6. Subsection (f), Section 54.05, Family Code, is amended to read as follows:

(f) Except as provided by Subsection (j), a disposition based on a finding that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony [or, if the requirements of Subsection (k) are met, of the 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 possible transfer to the [institutional division or the pardons and paroles division of the] Texas Department of Criminal Justice for a definite term prescribed by Section 54.04(d)(3) if the original petition was approved by the grand jury under Section 53.045 and if after a hearing to modify the disposition the court finds that the child violated a reasonable and lawful order of the court.

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 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 9. Subsection (b), Section 497.052, Government Code, is amended to read as follows:

(b) The following individuals shall serve as ex officio members of the authority:

(1) a member of the house of representatives designated by the speaker of the house;

(2) a member of the senate designated by the lieutenant governor;

(3) the executive director of the Texas Department of Criminal Justice or the designee of the executive director;

(4) the executive director of the Texas Workforce Commission or the designee of the executive director; and

(5) the executive commissioner [director] of the Texas Youth Commission or the designee of the executive commissioner [director].

SECTION 10. Subdivision (9), Section 811.001, 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 11. Subsection (b), Section 814.104, 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 12. 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 13. Subsection (a), Section 551.008, Health and Safety Code, is amended to read as follows:

(a) The department may transfer the South Campus of the Vernon State Hospital to the Texas Youth Commission contingent upon the agreement of the governing board of the department and the executive commissioner [governing board] of the Texas Youth Commission.

SECTION 14. Section 61.001, Human Resources Code, is amended by amending Subdivisions (2) and (4) and adding Subdivisions (7) and (8) to read as follows:

(2) "Advisory board" ["Board"] means the advisory [governing] board of the commission.

(4) "Executive commissioner [director]" means the executive commissioner [director] of the commission.

(7) "Office of inspector general" means the office of inspector general established under Section 61.0451.

(8) "Office of ombudsman" means the office of ombudsman established under Section 61.0452.

SECTION 15. Sections 61.012 and 61.0121, Human Resources Code, are amended to read as follows:

Sec. 61.012. EXECUTIVE COMMISSIONER [MEMBERS OF THE GOVERNING BOARD]. (a) The [governing board of the] Texas Youth Commission is governed by an executive commissioner [consists of seven members] appointed by the governor with the consent of the senate. The appointment of the executive commissioner [Appointments to the board] shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee [appointees].

(b) [Members of the board must be citizens who are recognized within their communities for their interest in youth.

[(c)] The executive commissioner holds [board members hold] office for a term of not more than two years expiring February 1 of odd-numbered [staggered terms of six years, with the terms of two or three members expiring every two] years.

(c) The executive commissioner [(d) A member] is eligible for reappointment with the consent of the senate.

(d) The executive commissioner is a full-time state officer who is entitled to a salary and reimbursement for actual expenses incurred while on commission business.

Sec. 61.0121. QUALIFICATIONS FOR EXECUTIVE COMMISSIONER, ADVISORY BOARD MEMBERS, AND EMPLOYEES. (a) A person is not eligible for appointment as executive commissioner or as a member of [to] the advisory board 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, more than a 10 percent interest in a business entity or other organization receiving funds from the commission; or

(3) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law [for board membership, attendance, or expenses].

(b) An officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice may not be the executive commissioner, a member of the advisory board, or an employee of the commission who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.

(c) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of criminal justice or juvenile justice may not be the executive commissioner, a member of the advisory board, or [and may not be] an employee of the commission who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.

(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.

(e) A person may not be appointed as executive commissioner, serve as a member of the advisory board, or act as the general counsel to the executive commissioner, the advisory board, or the commission if the person 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.

SECTION 16. Subchapter B, Chapter 61, Human Resources Code, is amended by adding Section 61.0123 to read as follows:

Sec. 61.0123. REMOVAL FROM OFFICE: EXECUTIVE COMMISSIONER. (a) It is a ground for removal from office as executive commissioner if the executive commissioner:

(1) does not have at the time of appointment the qualifications required by Section 61.0121(a) for appointment;

(2) does not maintain while serving as executive commissioner the qualifications required by Section 61.0121(a) for appointment; or

(3) violates a prohibition established by Section 61.0121(b) or (c).

(b) The validity of an action of the executive commissioner is not affected by the fact that it was taken when a ground for removal existed.

(c) If the advisory board has knowledge that a potential ground for removal exists under this section, the chairman of the advisory board shall notify the executive commissioner, the governor, and the attorney general of the potential ground for removal.

SECTION 17. Sections 61.013, 61.0151, 61.019, 61.0191, and 61.022, Human Resources Code, are amended to read as follows:

Sec. 61.013. ADVISORY BOARD [PRESIDING OFFICER; MEETINGS]. (a) An advisory board for the commission is established to:

(1) adopt policies and rules concerning any grievances and complaints concerning the commission, as provided by Section 61.034;

(2) advise the executive commissioner on matters concerning the commission; and

(3) assist the executive commissioner in the performance of the executive commissioner's duties [The governor shall designate a member of the board as the chairman of the board to serve in that capacity at the pleasure of the governor].

(b) The advisory board is composed of nine members appointed by the governor with the consent of the senate. The governor shall designate a member of the advisory board as the chairman of the advisory board to serve in that capacity at the pleasure of the governor [The board shall meet at least four times each year].

(c) The appointment of a member of the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee [A meeting shall be held on the call of the chairman or on the request of four members at the time and place designated by the chairman].

(d) Members of the advisory board must be citizens who are recognized within their communities for their interest in youth. At least one member of the advisory board must be a member of a child advocacy group and at least one member of the advisory board must be a member of a victim's advocacy organization. A majority of the members of the advisory 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.

(e) Advisory board members serve for terms of not more than two years expiring February 1 of odd-numbered years. An advisory board member is eligible for reappointment with the consent of the senate.

(f) The advisory board shall meet at least four times each year. A meeting shall be held at the call of the chairman or on the request of five members at a time and place designated by the chairman.

(g) Five members constitute a quorum for the exercise of functions of the advisory board described by Subsection (a)(1).

(h) Advisory board members are entitled to receive a per diem in the amount provided in the General Appropriations Act for not more than 90 days in any fiscal year, plus reimbursement for actual expenses incurred while on advisory board business.

Sec. 61.0151. REMOVAL FROM OFFICE: ADVISORY BOARD MEMBERS. (a) It is a ground for removal from the advisory board if a member:

(1) does not have at the time of appointment the qualifications required by [Subsection (a) of] Section 61.0121(a) [61.0121 of this chapter] for appointment to the advisory board;

(2) does not maintain during the member's service on the advisory board the qualifications required by [Subsection (a) of] Section 61.0121(a) [61.0121 of this chapter] for appointment to the advisory board;

(3) violates a prohibition established by [Subsection (b) or (c) of] Section 61.0121(b) or (c) [61.0121 of this chapter];

(4) is unable to discharge the member's duties for a substantial part of the term for which the member was appointed because of illness or disability; or

(5) is absent from more than one-half of the regularly scheduled advisory board meetings that the member is eligible to attend during each calendar year, except when the absence is excused by majority vote of the advisory board.

(b) The validity of an action of the advisory board is not affected by the fact that it was taken when a ground for removal of a member of the advisory board existed.

(c) If the executive commissioner [director] has knowledge that a potential ground for removal exists, the executive commissioner [director] shall notify the chairman of the advisory board of the potential ground. The chairman of the advisory board shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the chairman, the executive commissioner [director] shall notify the next highest ranking officer of the advisory board, who shall notify the governor and the attorney general that a potential ground for removal exists.

Sec. 61.019. DELEGATION OF POWERS AND DUTIES. (a) Any power, duty, or function of the commission that is not assigned by statute to the advisory board, the chief inspector general of the office of inspector general, or the chief ombudsman of the office of ombudsman [or of the board] may be exercised and performed by the executive commissioner.

(b) The executive commissioner may delegate to the advisory board or to [director or] any [member or] employee designated or assigned by the [board or by the] executive commissioner a power, duty, or function of the executive commissioner or the commission that is not already assigned by statute to the advisory board or that is not assigned by statute to the chief inspector general of the office of inspector general or the chief ombudsman of the office of ombudsman [director].

Sec. 61.0191. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The financial transactions of the commission 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 state 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.

Sec. 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The commission shall comply with federal and state laws related to program and facility accessibility. The executive commissioner [director] shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.

SECTION 18. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Sections 61.0331 and 61.0332 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.

SECTION 19. Section 61.034, Human Resources Code, is amended to read as follows:

Sec. 61.034. POLICIES AND RULES. (a) Except as provided by Subsection (c), the executive commissioner [The commission] is responsible for the adoption of all policies and shall make rules appropriate to the proper accomplishment of the commission's [its] functions.

(b) The executive commissioner [commission] shall adopt rules for the government of the schools, facilities, and programs under the commission's [its] authority and shall see that the schools, facilities, and programs are conducted according to law and to the executive commissioner's and advisory board's [commission's] rules. The purpose of the rules and of all education, work, training, discipline, recreation, and other activities in the schools, facilities, and programs is to restore and increase the self-respect and self-reliance of the youth under the authority of the commission and to qualify them for good citizenship and honorable employment.

(c) The advisory board is responsible for the adoption of all policies relating to all grievances and complaints concerning the commission and shall adopt rules concerning grievance and complaint policies and procedures, including rules concerning the policies and procedures of the office of ombudsman.

SECTION 20. Subsection (b), Section 61.035, Human Resources Code, is amended 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].

SECTION 21. Sections 61.0351, 61.0352, and 61.0354, Human Resources Code, are amended to read as follows:

Sec. 61.0351. PROFESSIONAL INFORMATION FOR ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive commissioner [director or the executive director's designee] shall provide to members of the advisory board and to commission employees, as often as is necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Sec. 61.0352. DIVISION OF RESPONSIBILITY. The executive commissioner [board] shall develop and implement policies that clearly separate the policymaking responsibilities of the executive commissioner, the policymaking responsibilities of the advisory board, and the management responsibilities of the [executive director and the] staff of the commission.

Sec. 61.0354. JOB PERFORMANCE EVALUATIONS. The executive commissioner [director or the executive director's designee] shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on the system established under this section.

SECTION 22. Subsection (a), Section 61.0355, Human Resources Code, is amended to read as follows:

(a) The executive commissioner [director or the executive director's designee] shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement shall include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;

(2) a comprehensive analysis of the commission's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;

(3) procedures by which a determination can be made about the extent of underuse in the commission's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and

(4) reasonable methods to appropriately address those areas of underuse.

SECTION 23. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Sections 61.0356, 61.0357, and 61.0386 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 before the officer independently commences the officer's duties at a 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 executive commissioner shall adopt rules necessary to administer this section.

Sec. 61.0357. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW. (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 commissioner shall review the national criminal history record information of each person who applies for employment with the commission. To enable the executive commissioner to conduct the review, the executive commissioner shall adopt rules requiring a person who applies for employment with the commission to electronically provide the commission 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.

(c) The executive commissioner by rule may require a person who applies for employment with the commission 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.

(d) The executive commissioner 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.

SECTION 24. Sections 61.0423 and 61.044, Human Resources Code, are amended to read as follows:

Sec. 61.0423. PUBLIC HEARINGS. (a) The executive commissioner [board] shall develop and implement policies that provide the public with a reasonable opportunity to appear before the executive commissioner or the executive commissioner's designee [board] and to speak on any issue under the jurisdiction of the commission that is not under the jurisdiction of the advisory board.

(b) The advisory board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the advisory board and to speak on any issue under the jurisdiction of the advisory board.

Sec. 61.044. BIENNIAL BUDGET. [DUTIES OF EXECUTIVE DIRECTOR. (a) The executive director shall perform the duties assigned by the commission.

[(b)] The executive commissioner [director] shall prepare [and submit to the commission for its approval] a biennial budget of all funds necessary to be appropriated by the legislature to the commission to carry out the purposes of this chapter. The budget shall be submitted and filed by the executive commissioner [commission] in the form and manner and within the time prescribed by law.

SECTION 25. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Sections 61.0451 and 61.0452 to read as follows:

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 commissioner;

(2) the advisory 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 executive commissioner 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 commissioner;

(2) the advisory 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 commissioner, the advisory 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 executive commissioner or an employee of the commission with an investigation conducted by the office.

Sec. 61.0452. OFFICE OF OMBUDSMAN. (a) The office of ombudsman is established at the commission for the purpose of:

(1) evaluating the delivery of services to children committed to the commission;

(2) receiving and reviewing complaints concerning commission actions;

(3) conducting investigations of complaints 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) making an appropriate referral or providing assistance to a child committed to the commission or to the child's family if after an investigation the ombudsman determines the child or the child's family is in need of assistance;

(5) advocating the best interests of the child in the process of providing assistance to a child or the child's family;

(6) periodically reviewing facilities operated by or under contract with the commission and the operating procedures of such facilities;

(7) supervising advocates in their representation of children committed to the commission in internal administrative and disciplinary hearings; and

(8) taking appropriate actions to advise children committed to the commission, the parents or guardians of the children, and commission employees of the services of the office of ombudsman, the purpose of the office, and the procedures to follow in contacting the office.

(b) The office of ombudsman shall report the results of an investigation conducted under this section to the executive commissioner, the advisory board, and the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities.

(c) Notwithstanding any other law, the office of ombudsman may access, inspect, or copy any record necessary to carry out the responsibilities provided under this section.

(d) In performing the responsibilities provided under this section, an employee of the office of ombudsman may communicate privately with a person who has received or is receiving services from the commission. A communication described by this subsection is confidential and not subject to disclosure under Chapter 552, Government Code.

(e) The name, address, or other personally identifiable information of a person who files a complaint with the office of ombudsman, information generated by the office of ombudsman in the course of an investigation, and confidential records obtained by the office of 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.

(f) 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 ombudsman or cooperates with the office in an investigation.

(g) The executive commissioner shall select a chief ombudsman. The chief ombudsman may only be discharged for cause.

SECTION 26. Subchapter D, Chapter 61, Human Resources Code, is amended by adding Sections 61.061 and 61.062 to read as follows:

Sec. 61.061. PLACEMENT RESTRICTIONS IN COMMISSION FACILITIES. (a) The commission may not assign a male 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 executive commissioner 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.

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.

SECTION 27. 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 and treatment history[, including 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 28. 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 29. 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 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 ombudsman;

(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.

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 native language of the parent or guardian.

SECTION 30. Subsection (a), Section 61.079, 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 31. 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 32. Subchapter F, Chapter 61, Human Resources Code, is amended by adding Sections 61.0814 and 61.0815 to read as follows:

Sec. 61.0814. REENTRY AND REINTEGRATION PLAN. 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 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.

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 executive commissioner 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 executive commissioner 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. A member of the panel is an employee of the commission and may not be involved in any supervisory decisions concerning children in the custody of the commission. The executive commissioner shall adopt policies that ensure the transparency, consistency, and objectivity of the panel's composition, procedures, and decisions. The executive commissioner shall appoint persons to serve as members of the panel.

(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.

SECTION 33. Subsections (e) and (g), Section 61.084, 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 34. Subsection (a), Section 61.0841, Human Resources Code, is amended 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.

SECTION 35. Subsection (a), Section 61.093, Human Resources Code, is amended to read as follows:

(a) If a child who has been committed to the commission and placed by it in any institution or facility has escaped or has been released under supervision and broken the conditions of release:

(1) a sheriff, deputy sheriff, constable, or police officer may, without a warrant, arrest the child; or

(2) a parole officer or other commission employee designated by the executive commissioner [director] may, without a warrant or other order, take the child into the custody of the commission.

SECTION 36. Subchapter G, Chapter 61, Human Resources Code, is amended by adding Section 61.098 to read as follows:

Sec. 61.098. PROSECUTION OF CERTAIN CRIMES CONCERNING THE COMMISSION. (a) As appropriate, the district attorney, criminal district attorney, or county attorney performing the duties of a district attorney 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.

(b) The special prosecution unit shall on a quarterly basis provide the executive commissioner 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 special prosecution unit on receiving a request for assistance under this section. A report under this subsection is public information under Chapter 552, Government Code, 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 number of requests for assistance received under this section;

(2) the number of cases investigated and the number of cases prosecuted on receiving a request for assistance under this section;

(3) the types and outcomes of cases prosecuted by the special prosecution unit on receiving a request for assistance under this section, 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.

SECTION 37. Subsection (a), Section 141.022, Human Resources Code, is amended to read as follows:

(a) The advisory council on juvenile services consists of:

(1) two juvenile court judges, appointed by the commission;

(2) three juvenile probation officers, appointed by the commission;

(3) two citizens who are knowledgeable of juvenile services, appointed by the commission;

(4) the executive commissioner [director] of the Texas Youth Commission or the commissioner's [director's] designee;

(5) the commissioner of education or the commissioner's designee; and

(6) the commissioner of human services or the commissioner's designee.

SECTION 38. Subsection (b), Section 141.047, Human Resources Code, is amended to read as follows:

(b) The director, the executive commissioner [director] of the Texas Youth Commission, and the commissioners of education, mental health and mental retardation, and human services shall meet in Austin at least quarterly to:

(1) discuss mutual problems;

(2) resolve conflicts in providing services to juveniles; and

(3) make recommendations to the governor and legislature.

SECTION 39. Subsection (c), Section 141.0471, Human Resources Code, is amended to read as follows:

(c) The governing board of the Texas Juvenile Probation Commission and the executive commissioner of the Texas Youth Commission [each agency] shall adopt the coordinated strategic plan on or before December 1st of each odd-numbered year, or before the adoption of the agency's individual strategic plan, whichever is earlier.

SECTION 40. Subsection (c), Section 110.302, Occupations Code, is amended to read as follows:

(c) The Texas Board of Criminal Justice may vote or the executive commissioner [governing board] of the Texas Youth Commission may decide [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 or executive commissioner determines that the requirement causes financial or operational hardship on the agency.

SECTION 41. Subsections (b) and (d), Section 39.04, Penal Code, are amended to read as follows:

(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.

(d) The Attorney General of Texas shall have concurrent jurisdiction with law enforcement agencies to investigate violations of this statute involving serious bodily injury or death, except that the attorney general shall have concurrent jurisdiction with law enforcement agencies to investigate any violation of this statute involving an individual in the custody of the Texas Youth Commission.

SECTION 42. Section 43.25, Penal Code, is amended by amending Subdivision (1) and adding Subdivision (8) to read as follows:

(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child [younger than 18 years of age].

(8) "Child" means a person who is:

(A) younger than 18 years of age; or

(B) in the custody of the Texas Youth Commission.

SECTION 43. Section 43.25, Penal Code, is amended by amending Subsections (b), (d), and (g) and adding Subsection (f-1) to read as follows:

(b) A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child [younger than 18 years of age] to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child [younger than 18 years of age] commits an offense if he consents to the participation by the child in a sexual performance.

(d) A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child [younger than 18 years of age].

(f-1) The affirmative defense to prosecution provided by Subsection (f)(3) does not apply to the prosecution of an alleged offense involving a child in the custody of the Texas Youth Commission.

(g) When it becomes necessary for the purposes of this section or Section 43.26 to determine the age of [whether] a child who participated in sexual conduct [was younger than 18 years of age], the court or jury may make this determination by any of the following methods:

(1) personal inspection of the child;

(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or

(5) any other method authorized by law or by the rules of evidence at common law.

SECTION 44. The following laws are repealed:

(1) Subsections (s) and (t), Section 54.04, Family Code;

(2) Subsection (k), Section 54.05, Family Code; and

(3) Subdivision (3), Section 61.001, Sections 61.0122, 61.014, 61.015, and 61.017, and Subsection (f), Section 61.084, Human Resources Code.

SECTION 45. 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 Subdivision (2), Subsection (d), Section 54.04, 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 46. The change in law made by this Act to Subsection (b), Section 39.04 and Section 43.25, 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 47. (a) Section Subsection (b), 61.0356, 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 Subsection (b), Section 61.0356, 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 Subsection (d), Section 61.0356, 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 48. As soon as practicable after the effective date of this Act, the governor shall appoint:

(1) the executive commissioner of the Texas Youth Commission, as required by Section 61.012, Human Resources Code, as amended by this Act, with a term of office expiring February 1, 2009; and

(2) members of the advisory board of the Texas Youth Commission, as required by Section 61.013, Human Resources Code, as amended by this Act, with terms of office expiring February 1, 2009.

SECTION 49. 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 50. 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 applies for employment with the commission.

SECTION 51. A rule adopted by the Texas Youth Commission before the effective date of this Act is a rule of the executive commissioner of the Texas Youth Commission or the advisory board of the Texas Youth Commission, as appropriate, until superseded, modified, or repealed by the executive commissioner or advisory board, as appropriate.

SECTION 52. 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.

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