BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1811

81R8384 YDB-F                                                                                                  By: Duncan, Estes

                                                                                                                                      Jurisprudence

                                                                                                                                              4/4/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 39th Judicial District consists of Haskell, Kent, Stonewall, and Throckmorton counties.  The district judge and the county judges from each county have been meeting on a quarterly basis acting on the 39th Judicial District Juvenile Board (JDJB), but there is no specific statute authorizing their operation. 

 

Currently, under the Human Resources Code, Haskell and Throckmorton counties have district juvenile boards specific to their individual counties.  There are no statutes that are specific to Kent and Stonewall counties.

 

As proposed, S.B. 1811 establishes the 39th JDJB and stipulates its operating procedures.  Additionally, S.B. 1811 provides that each individual county commissioners court will cover expenses incurred by board members attending seminars and other meetings related to juvenile problems, monthly compensation, expenses of the juvenile probation officers, and salaries of juvenile probation personnel.

 

S.B. 1811 also amends statutes on Haskell and Throckmorton counties to eliminate each county's current juvenile board and specify that they will now be members of the 39th JDJB.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 151.1101, Human Resources Code, as follows:

 

Sec. 152.1101.  HASKELL COUNTY.  (a)  Provides that Haskell County is included in the 39th Judicial District Juvenile Board (JDJB).  Provides that the juvenile board, rather than the juvenile board of Haskell County, is composed of the county judge of Haskell County; the county judge of Kent County; the county judge of Stonewall County; the county judge of Throckmorton County; and the 39th Judicial District judge, rather than the district judges in Haskell County, and the judge of any statutory court designated as a juvenile court.

 

(b)  Creates this subsection from existing text.

 

(c)  Redesignates Subsection (b) as Subsection (c). 

 

(d)  Redesignates Subsection (c) as Subsection (d).  Requires the commissioners court of each county to pay the county judge of that county and the 39th Judicial District judge additional annual compensation of not more than $6,000, rather than requiring the commissioners court (of Haskell County) to pay judges on the board an annual salary set by the commissioners court at not more than $1,200, payable in equal monthly installments from the general fund or any other available fund of the county, for the added duties imposed on the judges under this section.  Deletes existing Subsection (d) authorizing the chief juvenile probation officer to set the salaries and allowances of juvenile probation personnel with the approval of the board.

 

(e)  Requires the commissioners court, if approved by the juvenile board, to reimburse the juvenile court judge for the judge's actual and necessary expenses incurred in attending seminars and other educational or instructional meetings related to juvenile problems.  Requires the counties to prorate the expenses allowed for the members of the juvenile board and for the juvenile court judge.

 

(f)  Requires the commissioners court of each county to jointly provide the necessary funds to pay the salaries of the juvenile probation personnel in the amount set by the juvenile board.

 

(g)  Requires the commissioners court of each county to jointly pay the expenses of the juvenile probation officers that are certified as necessary by the juvenile board chairman from the general fund and in the amount set by the juvenile board. 

 

(h)  Provides that Sections 152.0004 (General Expenses) and 152.0005(b) (relating to requiring the commissioners court to reimburse each juvenile court judge for the judge's actual and necessary expenses incurred in attending seminars and meetings related to juvenile matters) do not apply to the juvenile board, rather than that Section 152.0005(b) does not apply to the juvenile board of Haskell County.

 

SECTION 2.  Amends Subchapter D, Chapter 152, Human Resources Code, by adding Section 152.1381, as follows:

 

Sec. 152.1381.  KENT COUNTY.  (a)  Provides that Kent County is included in the 39th JDJB.

 

(b)  Provides that Section 152.1101 applies to the 39th JDJB.

 

SECTION 3.  Amends Subchapter D, Chapter 152, Human Resources Code, by adding Section 152.2231, as follows:

 

Sec. 152.2231.  STONEWALL COUNTY. (a) Provides that Stonewall County is included in the 39th JDJB.

 

(b)  Provides that Section 152.1101 (Haskell County) applies to the 39th JDJB.

 

SECTION 4.  Amends Sections 152.2301(a) and (b), Human Resources Code, as follows:

 

(a)  Provides that Throckmorton County is included in the 39th JDJB.  Deletes existing text relating to the juvenile board of Throckmorton County (board) being composed of the county judge, the district judges in Throckmorton County, and the judge of each statutory court designated as a juvenile court in the county, and authorizing the juvenile court to appoint two public members to serve on the board for a period determined by the juvenile court judge.

 

(b)  Provides that Section 152.1101 applies to the 39th JDJB.  Deletes existing text requiring the juvenile board to elect one of its members as chairman at the beginning of each year.

 

SECTION 5.  Repealer:  Sections 152.2301(c) (relating to requiring the commissioners court to pay the judges on the juvenile board an annual salary set by the commissioners court at not more than $1,200 and requiring the public members to serve without compensation), (d) (relating to authorizing the chief juvenile probation officer to set the salaries and allowances of juvenile probation personnel with the approval of the board), and (e) (relating to providing that Section 152.0005(b) does not apply to the juvenile board of Throckmorton County), Human Resources Code.

 

SECTION 6.  Effective date:  September 1, 2009.