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A BILL TO BE ENTITLED
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AN ACT
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relating to the Brazoria County juvenile board and juvenile |
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probation department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.0261, Human Resources Code, is |
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amended by adding Subsections (d), (e), (f), (g), (h), and (i) to |
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read as follows: |
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(d) The juvenile board shall employ a chief juvenile |
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probation officer for the juvenile probation department who meets |
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the standards set by the Texas Juvenile Probation Commission. |
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(e) Notwithstanding any other law, including Section |
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142.002, the chief juvenile probation officer, according to the |
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standards established by the Texas Juvenile Probation Commission |
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and the local need as determined by the juvenile board, shall employ |
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the juvenile probation department personnel necessary to provide |
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juvenile probation services as defined by Section 142.001. A |
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person employed as provided by this subsection is an employee of the |
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juvenile probation department and not of: |
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(1) the juvenile board; or |
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(2) a juvenile board member. |
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(f) Except for employing the chief juvenile probation |
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officer, the juvenile board or a juvenile board member may not make |
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any personnel decisions relating to the juvenile probation |
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department. |
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(g) The chief juvenile probation officer shall prepare a |
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budget for the juvenile probation department. The juvenile board |
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shall approve the budget and submit the budget to the commissioners |
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court for final approval in the same manner prescribed by law for |
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the other county agencies and departments. The responsibility of a |
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board member for budgetary decisions relating to the juvenile |
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probation department is limited to approving the department's |
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budget. |
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(h) The juvenile board shall prepare or approve reports that |
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the board is required by law to prepare or approve. |
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(i) In addition to the immunity from liability provided by |
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Section 152.0013, a juvenile board member has judicial immunity |
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from suit and liability arising from the following acts: |
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(1) an action taken under: |
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(A) this section; |
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(B) Title 3, Family Code, including monitoring a |
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child placed on probation or modifying the conditions of a child's |
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probation; or |
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(C) any other law that imposes a duty on the |
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juvenile board or a juvenile board member; and |
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(2) an act performed by, or the failure to act of, the |
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chief juvenile probation officer or an employee of the juvenile |
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probation department. |
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SECTION 2. Section 152.0261(i), Human Resources Code, as |
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added by this Act, applies to conduct occurring on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |