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|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the sex offender civil commitment program and to the |
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creation of a state agency to perform the functions relating to the |
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sex offender civil commitment program that are currently performed |
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by the Council on Sex Offender Treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1389 to read as follows: |
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Sec. 411.1389. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT. (a) The |
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Office of Violent Sex Offender Management is entitled to obtain |
|
from the department criminal history record information that is |
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maintained by the department and that relates to a person who has |
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applied with the office to be: |
|
(1) an employee of the office; or |
|
(2) a contracted service provider with the office. |
|
(b) Criminal history record information obtained by the |
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Office of Violent Sex Offender Management under Subsection (a) may |
|
not be released or disclosed to any person or agency except on court |
|
order or with the consent of the person who is the subject of the |
|
information. |
|
(c) The Office of Violent Sex Offender Management shall |
|
destroy criminal history record information obtained under |
|
Subsection (a) as soon as practicable after the date on which, as |
|
applicable: |
|
(1) the person's employment or contract with the |
|
office terminates; or |
|
(2) the office decides not to employ or contract with |
|
the person. |
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SECTION 2. Subtitle B, Title 4, Government Code, is amended |
|
by adding Chapter 420A to read as follows: |
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CHAPTER 420A. OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT |
|
Sec. 420A.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the governing board of the Office of |
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Violent Sex Offender Management. |
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(2) "Office" means the Office of Violent Sex Offender |
|
Management. |
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Sec. 420A.002. OFFICE; GOVERNING BOARD. (a) The Office of |
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Violent Sex Offender Management is a state agency. |
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(b) The office is governed by a board composed of the |
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following three members appointed by the governor: |
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(1) one member experienced in the management of sex |
|
offenders; |
|
(2) one member experienced in the investigation or |
|
prosecution of sex offenses; and |
|
(3) one member experienced in counseling or advocating |
|
on behalf of victims of sexual assault. |
|
(c) Members of the board serve staggered two-year terms. |
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Two members' terms expire February 1 of each even-numbered year and |
|
one member's term expires February 1 of each odd-numbered year. |
|
(d) A member of the board is entitled to travel expenses |
|
incurred in performing official duties and to a per diem equal to |
|
the maximum amount allowed on January 1 of that year for federal |
|
employees per diem for federal income tax purposes, subject to the |
|
same limitations provided for members of state boards and |
|
commissions in the General Appropriations Act. |
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Sec. 420A.003. PRESIDING OFFICER; MEETINGS. (a) The |
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governor shall designate a member of the board as presiding |
|
officer. The presiding officer serves at the discretion of the |
|
governor. |
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(b) The board shall meet at least quarterly and at other |
|
times at the call of the presiding officer. |
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Sec. 420A.004. SUNSET PROVISION. The Office of Violent Sex |
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Offender Management is subject to Chapter 325 (Texas Sunset Act). |
|
Unless continued in existence as provided by that chapter, the |
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office is abolished and this chapter expires September 1, 2023. |
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Sec. 420A.005. GRANTS AND DONATIONS. On behalf of the |
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state, the office may apply for and accept grants and donations from |
|
any source to be used by the office in the performance of the duties |
|
of the office. |
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Sec. 420A.006. PUBLIC INTEREST INFORMATION. The office |
|
shall prepare information of public interest describing the |
|
functions of the office and the procedures by which complaints are |
|
filed with and resolved by the office. The office shall make the |
|
information available to the public and appropriate state agencies. |
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Sec. 420A.007. BIENNIAL REPORT. Not later than December 1 |
|
of each even-numbered year, the office shall submit to the |
|
governor, the lieutenant governor, and the speaker of the house of |
|
representatives a report concerning the operation of the office. |
|
The office may include in the report any recommendations that the |
|
office considers appropriate. |
|
Sec. 420A.008. STAFF. The office may select and employ a |
|
general counsel, staff attorneys, and other staff necessary to |
|
perform the office's functions. |
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Sec. 420A.009. SALARY CAREER LADDER FOR CASE MANAGERS. (a) |
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The board shall adopt a salary career ladder for case managers. The |
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salary career ladder must base a case manager's salary on the |
|
manager's classification and years of service with the office. |
|
(b) For purposes of the salary schedule, the office shall |
|
classify all case manager positions as Case Manager I, Case Manager |
|
II, Case Manager III, Case Manager IV, or Case Manager V. |
|
(c) Under the salary career ladder adopted under Subsection |
|
(a), a case manager to whom the schedule applies and who received an |
|
overall evaluation of at least satisfactory in the case manager's |
|
most recent annual evaluation is entitled to an annual salary |
|
increase, during each of the case manager's first 10 years of |
|
service in a designated case manager classification as described by |
|
Subsection (b), equal to one-tenth of the difference between: |
|
(1) the case manager's current annual salary; and |
|
(2) the minimum annual salary of a case manager in the |
|
next highest classification. |
|
Sec. 420A.010. POWERS AND DUTIES. The office shall perform |
|
appropriate functions related to the sex offender civil commitment |
|
program provided under Chapter 841, Health and Safety Code, |
|
including functions related to the provision of treatment and |
|
supervision to civilly committed sex offenders. |
|
SECTION 3. Sections 841.002(3) and (4), Health and Safety |
|
Code, are amended to read as follows: |
|
(3) "Case manager" means a person employed by or under |
|
contract with the office [council] to perform duties related to |
|
outpatient treatment and supervision of a person committed under |
|
this chapter. |
|
(4) "Office" ["Council"] means the Office of Violent |
|
Sex Offender Management [Council on Sex Offender Treatment]. |
|
SECTION 4. Section 841.007, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.007. DUTIES OF OFFICE OF VIOLENT SEX OFFENDER |
|
MANAGEMENT [COUNCIL ON SEX OFFENDER TREATMENT]. The Office of |
|
Violent Sex Offender Management [Council on Sex Offender Treatment] |
|
is responsible for providing appropriate and necessary treatment |
|
and supervision through the case management system. |
|
SECTION 5. Sections 841.021(b) and (c), Health and Safety |
|
Code, are amended to read as follows: |
|
(b) Before the person's anticipated discharge date, the |
|
[Texas] Department of State Health Services [Mental Health and
|
|
Mental Retardation] shall give to the multidisciplinary team |
|
established under Section 841.022 written notice of the anticipated |
|
discharge of a person who: |
|
(1) is committed to the department after having been |
|
adjudged not guilty by reason of insanity of: |
|
(A) a sexually violent offense described by |
|
Section 841.002(8)(A), (B), or (C); or |
|
(B) what is, or as described by this chapter what |
|
the department reasonably believes may be determined to be, a |
|
sexually violent offense described by Section 841.002(8)(D); and |
|
(2) may be a repeat sexually violent offender. |
|
(c) The Texas Department of Criminal Justice or the [Texas] |
|
Department of State Health Services [Mental Health and Mental
|
|
Retardation], as appropriate, shall give the notice described by |
|
Subsection (a) or (b) not later than the first day of the 16th month |
|
before the person's anticipated release or discharge date, but |
|
under exigent circumstances may give the notice at any time before |
|
the anticipated release or discharge date. The notice must contain |
|
the following information: |
|
(1) the person's name, identifying factors, |
|
anticipated residence after release or discharge, and criminal |
|
history; |
|
(2) documentation of the person's institutional |
|
adjustment and actual treatment; and |
|
(3) an assessment of the likelihood that the person |
|
will commit a sexually violent offense after release or discharge. |
|
SECTION 6. Section 841.022(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The executive director of the Texas Department of |
|
Criminal Justice and the commissioner of the [Texas] Department of |
|
State Health Services [Mental Health and Mental Retardation] |
|
jointly shall establish a multidisciplinary team to review |
|
available records of a person referred to the team under Section |
|
841.021. The team must include: |
|
(1) one person [two persons] from the [Texas] |
|
Department of State Health Services [Mental Health and Mental
|
|
Retardation]; |
|
(2) two persons from the Texas Department of Criminal |
|
Justice, one of whom must be from the victim services office of that |
|
department; |
|
(3) one person from the [Texas] Department of Public |
|
Safety; [and] |
|
(4) two persons from the office [council] or office |
|
[council] personnel; and |
|
(5) one person from the Council on Sex Offender |
|
Treatment. |
|
SECTION 7. Section 841.023, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY. |
|
(a) Not later than the 60th day after the date of a recommendation |
|
under Section 841.022(c), the Texas Department of Criminal Justice |
|
or the [Texas] Department of State Health Services [Mental Health
|
|
and Mental Retardation], as appropriate, shall assess whether the |
|
person suffers from a behavioral abnormality that makes the person |
|
likely to engage in a predatory act of sexual violence. To aid in |
|
the assessment, the department required to make the assessment |
|
shall use an expert to examine the person. That department may |
|
contract for the expert services required by this subsection. The |
|
expert shall make a clinical assessment based on testing for |
|
psychopathy, a clinical interview, and other appropriate |
|
assessments and techniques to aid the department in its assessment. |
|
(b) If as a result of the assessment the Texas Department of |
|
Criminal Justice or the [Texas] Department of State Health Services |
|
[Mental Health and Mental Retardation] believes that the person |
|
suffers from a behavioral abnormality, the department making the |
|
assessment shall give notice of that assessment and provide |
|
corresponding documentation to the attorney representing the state |
|
not later than the 60th day after the date of a recommendation under |
|
Section 841.022(c). |
|
SECTION 8. Sections 841.082(a) and (c), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) Before entering an order directing a person's |
|
outpatient civil commitment, the judge shall impose on the person |
|
requirements necessary to ensure the person's compliance with |
|
treatment and supervision and to protect the community. The |
|
requirements shall include: |
|
(1) requiring the person to reside in a Texas |
|
residential facility under contract with the office [council] or at |
|
another location or facility approved by the office [council]; |
|
(2) prohibiting the person's contact with a victim or |
|
potential victim of the person; |
|
(3) prohibiting the person's possession or use of |
|
alcohol, inhalants, or a controlled substance; |
|
(4) requiring the person's participation in and |
|
compliance with a specific course of treatment provided by the |
|
office and compliance with all written requirements imposed by the |
|
case manager or otherwise by the office; |
|
(5) requiring the person to: |
|
(A) submit to tracking under a particular type of |
|
tracking service and to any other appropriate supervision; and |
|
(B) refrain from tampering with, altering, |
|
modifying, obstructing, or manipulating the tracking equipment; |
|
(6) prohibiting the person from changing the person's |
|
residence without prior authorization from the judge and from |
|
leaving the state without that prior authorization; |
|
(7) if determined appropriate by the judge, |
|
establishing a child safety zone in the same manner as a child |
|
safety zone is established by a judge under Section 13B, Article |
|
42.12, Code of Criminal Procedure, and requiring the person to |
|
comply with requirements related to the safety zone; and |
|
(8) [requiring the person to notify the case manager
|
|
immediately but in any event within 24 hours of any change in the
|
|
person's status that affects proper treatment and supervision,
|
|
including a change in the person's physical health or job status and
|
|
including any incarceration of the person; and
|
|
[(9)] any other requirements determined necessary by |
|
the judge. |
|
(c) The judge shall provide a copy of the requirements |
|
imposed under Subsection (a) to the person and to the office |
|
[council]. The office [council] shall provide a copy of those |
|
requirements to the case manager and to the service providers. |
|
SECTION 9. Section 841.083, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.083. TREATMENT; SUPERVISION. (a) The office |
|
[council] shall approve and contract for the provision of a |
|
treatment plan for the committed person to be developed by the |
|
treatment provider. A treatment plan may include the monitoring of |
|
the person with a polygraph or plethysmograph. The treatment |
|
provider may receive annual compensation in an amount not to exceed |
|
$10,000 [$6,000] for providing the required treatment. |
|
(b) The case manager shall provide supervision to the |
|
person. The provision of supervision must [shall] include a |
|
tracking service and, if required by court order, supervised |
|
housing. |
|
(c) The office [council] shall enter into appropriate |
|
memoranda of understanding with the [Texas] Department of Public |
|
Safety for the provision of a tracking service and with the |
|
Department of Public Safety and local law enforcement authorities |
|
for assistance in the preparation of criminal complaints, warrants, |
|
and related documents and in the apprehension and arrest of a |
|
person. |
|
[(c-1) Notwithstanding Subsection (c) or any other
|
|
provision of this subchapter, the council shall provide through the
|
|
case management system any supervision or tracking service required
|
|
under this chapter for persons residing in Dallas, Harris, or
|
|
Tarrant County. The council shall provide the tracking service
|
|
under this subsection through two employees of the Department of
|
|
State Health Services. Any tracking personnel used by the
|
|
department for purposes of this chapter must be approved by the
|
|
council.
|
|
[(c-2) If the equipment necessary to implement the tracking
|
|
service is available through a contract entered into by the
|
|
comptroller, the Department of Public Safety or the council, as
|
|
appropriate, shall acquire that equipment through that contract.] |
|
(d) The office [council] shall enter into appropriate |
|
memoranda of understanding for any necessary supervised housing. |
|
The office [council] shall reimburse the applicable provider for |
|
housing costs under this section. [The committed person may not be
|
|
housed for any period of time in a mental health facility, state
|
|
school, or community center, unless the placement results from a
|
|
commitment of the person to that facility, school, or center by
|
|
governmental action. In this subsection:
|
|
[(1) "Community center" means a center established
|
|
under Subchapter A, Chapter 534.
|
|
[(2) "Mental health facility" has the meaning assigned
|
|
by Section 571.003.
|
|
[(3) "State school" has the meaning assigned by
|
|
Section 531.002.] |
|
(e) The case manager shall: |
|
(1) coordinate the outpatient treatment and |
|
supervision required by this chapter, including performing a |
|
periodic assessment of the success of that treatment and |
|
supervision; |
|
(2) make timely recommendations to the judge on |
|
whether to allow the committed person to change residence or to |
|
leave the state and on any other appropriate matters; and |
|
(3) provide a report to the office [council], |
|
semiannually or more frequently as necessary, which must include: |
|
(A) any known change in the person's status that |
|
affects proper treatment and supervision; and |
|
(B) any recommendations made to the judge. |
|
SECTION 10. Section 841.084, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding |
|
Section 841.146(c), a civilly committed person who is not indigent |
|
is responsible for the cost of the tracking service required by |
|
Section 841.082 and monthly shall pay to the office [council] the |
|
amount that the office [council] determines will be necessary to |
|
defray the cost of operating the service with respect to the person |
|
during the subsequent month. The office [council] immediately |
|
shall transfer the money to the appropriate service provider. |
|
SECTION 11. Section 841.101, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.101. BIENNIAL EXAMINATION. (a) A person |
|
committed under Section 841.081 shall receive a biennial |
|
examination. The office [council] shall contract for an expert to |
|
perform the examination. |
|
(b) In preparation for a judicial review conducted under |
|
Section 841.102, the case manager shall provide a report of the |
|
biennial examination to the judge. The report must include |
|
consideration of whether to modify a requirement imposed on the |
|
person under this chapter and whether to release the person from all |
|
requirements imposed on the person under this chapter. The case |
|
manager shall provide a copy of the report to the office [council]. |
|
SECTION 12. Section 841.141, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.141. RULEMAKING AUTHORITY. (a) The office |
|
[council] by rule shall administer this chapter. Rules adopted by |
|
the office [council] under this section must be consistent with the |
|
purposes of this chapter. |
|
(b) The office [council] by rule shall develop standards of |
|
care and case management for persons committed under this chapter. |
|
SECTION 13. Sections 841.142(c) and (d), Health and Safety |
|
Code, are amended to read as follows: |
|
(c) On the written request of any attorney for another state |
|
or for a political subdivision in another state, the Texas |
|
Department of Criminal Justice, the office [council], a service |
|
provider contracting with one of those agencies, the |
|
multidisciplinary team, and the attorney representing the state |
|
shall release to the attorney any available information relating to |
|
a person that is sought in connection with an attempt to civilly |
|
commit the person as a sexually violent predator in another state. |
|
(d) To protect the public and to enable an assessment or |
|
determination relating to whether a person is a sexually violent |
|
predator or to enable the provision of supervision and treatment to |
|
a person who is a sexually violent predator, the Texas Department of |
|
Criminal Justice, the office [council], a service provider |
|
contracting with one of those agencies, the multidisciplinary team, |
|
and the attorney representing the state may exchange any available |
|
information relating to the person. |
|
SECTION 14. Section 841.147, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.147. IMMUNITY. The following persons are immune |
|
from liability for good faith conduct under this chapter: |
|
(1) an employee or officer of the Texas Department of |
|
Criminal Justice, the Department of State Health Services, the |
|
Department of Aging and Disability Services, or the office |
|
[council]; |
|
(2) a member of the multidisciplinary team established |
|
under Section 841.022; |
|
(3) an employee of the civil division of the special |
|
prosecution unit charged with initiating and pursuing civil |
|
commitment proceedings under this chapter; and |
|
(4) a person providing, or contracting, appointed, or |
|
volunteering to perform, a tracking service or another service |
|
under this chapter. |
|
SECTION 15. Section 841.150(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The duties imposed by this chapter are suspended for the |
|
duration of any confinement of a person, or if applicable any other |
|
commitment of a person to a community center, mental health |
|
facility, or state school, by governmental action. |
|
SECTION 16. Subchapter H, Chapter 841, Health and Safety |
|
Code, is amended by adding Section 841.151 to read as follows: |
|
Sec. 841.151. NOTICE OF RELEASE OF SEXUALLY VIOLENT |
|
PREDATOR. (a) In this section: |
|
(1) "Correctional facility" has the meaning assigned |
|
by Section 1.07, Penal Code. |
|
(2) "Secure correctional facility" and "secure |
|
detention facility" have the meanings assigned by Section 51.02, |
|
Family Code. |
|
(b) This section applies to a person who has been civilly |
|
committed under this chapter and who is detained or confined in a |
|
correctional facility, secure correctional facility, or secure |
|
detention facility as a result of violating: |
|
(1) a civil commitment requirement imposed under |
|
Section 841.082; or |
|
(2) a law of this state. |
|
(c) Not later than the day preceding the date a correctional |
|
facility, secure correctional facility, or secure detention |
|
facility releases a person who, at the time of the person's |
|
detention or confinement, was civilly committed under this chapter |
|
as a sexually violent predator, the facility shall notify the |
|
person's case manager in writing of the anticipated date and time of |
|
the person's release. |
|
(d) A case manager, on request, shall provide a correctional |
|
facility, a secure correctional facility, or a secure detention |
|
facility with the case manager's appropriate contact information |
|
for notification under Subsection (c). |
|
SECTION 17. The following are transferred to the Office of |
|
Violent Sex Offender Management: |
|
(1) the functions of the Council on Sex Offender |
|
Treatment that relate to the sex offender civil commitment program; |
|
(2) the director of the Department of State Health |
|
Services who has jurisdiction over the sex offender civil |
|
commitment program; and |
|
(3) the staff of the council whose primary duties |
|
include the operation of the sex offender civil commitment program. |
|
SECTION 18. As soon as possible after the effective date of |
|
this Act, the governor shall appoint three members to the Office of |
|
Violent Sex Offender Management. |
|
SECTION 19. (a) The Office of Violent Sex Offender |
|
Management, the Department of State Health Services, and the |
|
Council on Sex Offender Treatment shall coordinate the transfer of |
|
functions relating to the sex offender civil commitment program as |
|
required by this Act. |
|
(b) The transfer of all functions relating to the sex |
|
offender civil commitment program to the Office of Violent Sex |
|
Offender Management shall be accomplished as soon as possible but |
|
not later than the 90th day after the date the last member of the |
|
Office of Violent Sex Offender Management qualifies for office. |
|
(c) The transfer required by this Act includes the transfer |
|
of all assets, duties, powers, obligations, and liabilities, |
|
including contracts, leases, real or personal property, funds, |
|
employees, furniture, computers and other equipment, and files and |
|
related materials used by the Department of State Health Services |
|
and the Council on Sex Offender Treatment in performing the |
|
functions relating to the sex offender civil commitment program |
|
that are transferred by this Act. For purposes of this subsection, |
|
"employees" includes the executive director of the Council on Sex |
|
Offender Treatment and administrative technicians and program |
|
specialists employed by the council. |
|
(d) A form, rule, or procedure adopted by the Health and |
|
Human Services Commission or the Department of State Health |
|
Services in relation to the Council on Sex Offender Treatment that |
|
is in effect on the effective date of this Act remains in effect on |
|
and after that date as if adopted by the Office of Violent Sex |
|
Offender Management until amended, repealed, withdrawn, or |
|
otherwise superseded by that office. |
|
(e) All unexpended appropriations for functions relating to |
|
the sex offender civil commitment program that are made for use by |
|
the Department of State Health Services or the Council on Sex |
|
Offender Treatment are transferred to the Office of Violent Sex |
|
Offender Management. |
|
(f) The Office of Violent Sex Offender Management shall |
|
publish in the Texas Register the date on which the transfer of |
|
functions under this Act is accomplished. |
|
SECTION 20. After the effective date of this Act, the |
|
Council on Sex Offender Treatment shall continue to perform |
|
applicable functions until the transfer of functions required by |
|
this Act is completed, and the laws providing for those functions |
|
are continued in effect for that purpose. |
|
SECTION 21. This Act takes effect September 1, 2011. |