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BILL ANALYSIS

 

 

Senate Research Center

H.B. 2633

82R10681 SJM-D

By: Madden (Whitmire)

 

Criminal Justice

 

5/6/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, the office of inspector general of the Texas Youth Commission (TYC) prepares and delivers reports regarding the office's investigations and operations to the executive commissioner of TYC, among others.  H.B. 2633 seeks to improve the overall efficiency of operations and communications between TYC personnel by including the board of trustees of TYC (board) among those receiving the reports and by having the board select the chief inspector general of the office, who will operate directly under the authority of the board.

 

H.B. 2633 amends the Human Resources Code to include the board among the entities and person to whom the office of inspector general of TYC is required to deliver a report concerning the results of any investigation conducted by the office as required by state law.

 

The bill requires the board, rather than the executive commissioner of TYC, to select a commissioned peace officer as chief inspector general.  The bill specifies that the chief inspector general operates directly under the authority of the board, and that only the board has the authority to discharge the chief inspector general for cause.  The bill includes the board among the entities and persons to whom the chief inspector general is required to deliver a quarterly report concerning the operations of the office of inspector general.  The bill removes the executive director of TYC from the entities and persons to whom the office of the inspector general is required to immediately report certain problems relating to the administration of a TYC program or operation or interferences with an office investigation.

 

H.B. 2633 amends current law relating to the office of inspector general of the Texas Youth Commission.

 

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 Sections 61.0451(b), (f), (g), and (i), Human Resources Code, as follows:

 

(b)  Requires the office of inspector general established at the Texas Youth Commission (inspector general; TYC) to prepare and deliver a report concerning the results of any investigation conducted under this section to certain entities, including the board of TYC (board).  Makes nonsubstantive changes.

 

(f)  Requires the board, rather than the executive commissioner of TYC, to select a commissioned peace officer as chief inspector general.  Provides that the chief inspector general operates directly under the authority of the board, is subject to the requirements of this section, and may only be discharged by the board for cause.

 

(g)  Requires the chief inspector general to on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to certain entities, including the board.  Makes nonsubstantive changes.

 

(i)  Requires the office of inspector general to immediately report to the board, the governor's general counsel, and the state auditor, rather than the executive director of TYC (executive director), the board, the governor's general counsel, and the state auditor, any particularly serious or flagrant problem concerning the administration of a TYC program or operation, or any interference by the executive director, an employee of TYC, a facility described by Subsection (a)(2) (relating to crimes and delinquent conduct committed at a facility operated by TYC), or an officer or employee of a facility described by Subsection (a)(2) with an investigation conducted by the office.

 

SECTION 2.  Effective date: upon passage or September 1, 2011.