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SENATE RESOLUTION
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WHEREAS, the West Texas State School is a facility under |
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the jurisdiction and direction of the Texas Youth Commission; and |
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WHEREAS, recent investigations of the West Texas State |
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School by the Texas Rangers have reported that school personnel |
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have engaged in sexual conduct with students at the school; and |
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WHEREAS, the reported sexual conduct with students went |
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undiscovered for a substantial period of time, especially |
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considering the duration of the incidents and the number of youth |
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involved; and |
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WHEREAS, the Summary Report for Administrative Review |
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prepared by an investigator for the Texas Youth Commission makes |
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the following findings: |
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-- Information regarding use of pornography on the job, a |
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recognized risk indicator of sexual misconduct, was not |
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considered in the selection of certain supervisory staff |
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members. |
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-- Repeated reports of school staff being alone with |
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students after hours were not properly reported and not addressed |
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with documented supervisory intervention. |
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-- Youth and employee grievance programs at the facility |
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were ineffective and sabotaged and complaints that were made off |
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campus were explained away by school staff when investigated, or |
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the evidence of misconduct covered up. |
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-- Complaints regarding the conduct of school staff that |
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were reported to program administrators and above at the facility |
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were not properly registered to a complaint system, or |
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investigated. |
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-- Certain complaints made about the unsupervised |
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presence of youths in the administration building after-hours |
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were not properly registered or assigned for resolution. |
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-- School supervisory staff failed to report the |
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suspicions of abuse regarding other staff members, screening the |
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reports by personally interviewing youth. |
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-- The standard for reporting suspected abuse, neglect, |
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and exploitation at West Texas State School was kept artificially |
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high by the screening of reports at the local level for evidence |
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of validity before reporting and staff members who reported their |
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concerns without evidence were discouraged from reporting; and |
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WHEREAS, the conduct described above was carried out by |
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state employees during official working hours in state |
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facilities, involved the use of state resources, and reportedly |
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victimized youth under the direct supervision of the Texas Youth |
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Commission; now, therefore, be it |
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RESOLVED by the Senate of the State of Texas, That the |
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Senate hereby finds that the conduct described above involves the |
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diversion of state funds from their intended and lawful purposes |
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and a use of those funds for unauthorized or unlawful purposes |
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and thus constitutes gross fiscal mismanagement by the Texas |
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Youth Commission; and, be it further |
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RESOLVED that the Senate finds that the condition of gross |
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fiscal mismanagement existing in the Texas Youth Commission is |
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sufficient cause for the appointment of a conservator for the |
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agency to assume all of the powers and duties of the governing |
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body of the agency and to carry out the other powers and duties of |
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a conservator pursuant to Chapter 2104, Government Code; and, be |
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it further |
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RESOLVED, That the Senate hereby requests that the |
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Legislative Audit Committee examine the conduct described above |
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and determine whether a condition of gross fiscal mismanagement |
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exists in the Texas Youth Commission, and on making such a |
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finding notify the Governor and recommend that the Governor |
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appoint a conservator for the agency to assume all of the powers |
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and duties of the governing body of the agency and to carry out |
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the other powers and duties of a conservator pursuant to Chapter |
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2104, Government Code. |