81R15010 KFF-F

By: Herrero H.B. No. 4816

A BILL TO BE ENTITLED

AN ACT

relating to the juvenile board of Nueces County.

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

SECTION 1. Section 152.1841, Human Resources Code, is amended by amending Subsections (c), (d), (e), (f), and (g) and adding Subsections (h), (i), (j), (k), (l), (m), (n), and (o) to read as follows:

(c) At the first meeting in January of each odd-numbered year, the juvenile board shall elect a presiding officer from among the board's members. The presiding officer serves a two-year term [The commissioners court shall provide the juvenile probation officers with:

[(1) automobiles and their maintenance and operating expenses for use in official duties; or

[(2) an automobile allowance for the use of a personal automobile on official business in the amount determined to be necessary by the commissioners court].

(d) The juvenile board shall hold regular monthly meetings and may meet at the call of the presiding officer or on a written request made to the presiding officer by at least three members. A meeting of the board is subject to Chapter 551, Government Code. The board shall keep accurate and complete minutes of the board's meetings. The minutes are public records and are subject to Section 551.022, Government Code [may require a juvenile probation officer or institution superintendent to obtain a surety or personal bond conditioned on faithful performance of duty in an amount determined by the board].

(e) The juvenile board shall appoint a person to serve as the chief [may suspend or remove a] juvenile probation officer [or an institution superintendent at any time for good cause]. The chief juvenile probation officer serves at the will of the board. The chief juvenile probation officer is the chief administrative officer of the juvenile probation department and the director of the county institutions under the jurisdiction of the board [, with the approval of the board, may suspend or remove an assistant probation officer for good cause after the assistant is notified and afforded an opportunity to appear before the board].

(f) The chief juvenile probation officer shall annually prepare under the juvenile board's direction a budget for the juvenile probation department and the county institutions under the jurisdiction of the board. On approval of the budget by the board, the board shall submit the budget to the commissioners court for final approval. The commissioners court shall provide necessary funds to maintain and operate the juvenile probation department and shall pay the salaries and expenses of employees in accordance with the budget approved by the commissioners court.

(g) The juvenile board shall establish a general personnel policy for the employees of the juvenile probation department and the county institutions under the jurisdiction of the board. The juvenile probation department or county institution, as applicable, shall provide each new employee a copy of the personnel policy. The personnel policy must:

(1) establish and maintain an employee classification system that includes:

(A) an accurate statement of the duties of each employment position;

(B) the qualifications for each position; and

(C) a compensation plan that ensures equal pay for equal work; and

(2) include disciplinary and grievance procedures that protect the rights of employees and the rights of the employer.

(h) The chief juvenile probation officer shall hire the employees of the juvenile probation department and of the county institutions under the jurisdiction of the juvenile board. Subject to the general personnel policy established by the board under Subsection (g), the chief juvenile probation officer may remove an employee at any time.

(i) The chief juvenile probation officer shall prepare an annual written report regarding the operation and efficiency of the juvenile probation department and the county institutions under the jurisdiction of the juvenile board and regarding the general adequacy of the juvenile services provided by the county. The report may include any recommendations for improvements that the chief juvenile probation officer considers necessary. The chief juvenile probation officer shall submit the report required by this subsection to the board at the same time the chief juvenile probation officer submits the budget to the board for approval under Subsection (f).

(j) After receiving the report of the chief juvenile probation officer under Subsection (i), the juvenile board shall, except as provided by this subsection, make an annual written report to the commissioners court regarding the operation and efficiency of the juvenile probation department and the county institutions under the jurisdiction of the board and regarding the general adequacy of the juvenile services provided by the county. The report may include any recommendations for improvements that the board considers necessary. The board, in its discretion, may submit the report prepared by the chief juvenile probation officer in lieu of preparing the report required by this subsection. The board shall submit the report required by this subsection or forward the chief juvenile probation officer's report, as applicable, to the commissioners court at the same time the board submits the budget to the commissioners court for final approval under Subsection (f).

(k) The juvenile board shall investigate the operations of the juvenile probation department and the county institutions under the jurisdiction of the board at the request of the juvenile court judge or the commissioners court, or as the board determines is necessary. The board shall prepare and submit a written report regarding the investigation to the commissioners court.

(l) The juvenile board may conduct any special studies or investigations the board considers necessary to improve the operations of the juvenile probation department and the county institutions under the jurisdiction of the board.

(m) Subject to the approval of the commissioners court, the juvenile board may accept and hold in trust a grant or donation of real property or money or other personal property to benefit the county facilities under the jurisdiction of the board.

(n) Notwithstanding Section 152.0010(a), an advisory council appointed by the juvenile board under that section shall consist of the same number of members as the number of members serving on the juvenile board. Each juvenile board member shall appoint one advisory council member. If, on a majority vote, the members of the juvenile board determine that a single juvenile board member has not appointed an advisory council member in a timely manner, a majority of the members of the juvenile board shall appoint an advisory council member on that person's behalf.

(o) Sections 152.0002, 152.0004, 152.0005, 152.0006, 152.0007, and 152.0008 do not apply to the juvenile board of Nueces County.

SECTION 2. This Act takes effect September 1, 2009.