BILL ANALYSIS

 

 

Senate Research Center

H.B. 1549

 

By: McClendon (Menéndez)

 

Criminal Justice

 

5/20/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 1549 amends current law relating to nonsubstantive corrections in statutes to references to the Texas Youth Commission and Texas Juvenile Probation 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 Section 104.001, Civil Practice and Remedies Code, to require the state, in a cause of action based on conduct described in Section 104.002 (State Liability; Conduct Covered), to indemnify certain persons, without regard to whether the persons performed their services for compensation, for actual damages, court costs, and attorney's fees adjudged against a chaplain or spiritual advisor who was performing services under contract with the Texas Department of Criminal Justice (TDCJ), or the Texas Juvenile Justice Department (TJJD), rather than with TDCJ, the Texas Youth Commission (TYC), or the Texas Juvenile Probation Commission (TJPC), when the act or omission on which the damages are based occurred.

 

SECTIONS 2-18. Amends sections of the Code of Criminal Procedure to change references to TYC and references to TJPC to TJJD, to change references to department to TDCJ, and to make nonsubstantive revisions.

 

SECTIONS 19-23. Amends sections of the Education Code to change references to TYC to TJJD.

 

SECTION 24. Amends the heading to Subchapter E, Chapter 30, Education Code, to read as follows:

 

SUBCHAPTER E. TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES

 

SECTIONS 25-36. Amends sections of the Education Code to change references to commission (TYC) to department (TJJD) and to make conforming changes.

 

SECTIONS 37-86. Amends sections of the Family Code to change references to TYC to TJJD and TJPC to TJJD, as appropriate. Makes nonsubstantive revisions.

 

SECTIONS 87-118. Amends sections of the Government Code to change references to TYC to TJJD and TJPC to TJJD, as appropriate. Makes nonsubstantive revisions.

 

SECTIONS 119-131. Amends sections of the Human Resources Code to change references to TJPC to TJJD and TYC to TJJD, as appropriate.

 

SECTIONS 132-138. Amends sections of the Labor Code to change references to TYC to TJJD.

 

SECTIONS 139 and 140. Amends sections of the Local Government Code to change references to TYC to TJJD.

SECTIONS 141. Amends Section 1701.259(a), Occupations Code, to change references to TJPC to TJJD.

 

SECTIONS 142-145. Amends sections of the Penal Code to change references to TYC to TJJD.

 

SECTIONS 146 and 147. Amends sections of the Transportation Code to change references to TYC to TJJD and to make nonsubstantive revisions.

 

SECTION 148. Amends Section 1(a), Chapter 22, Acts of the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, V.T.C.S.), to change a reference TYC to TJJD.

 

SECTION 149. Repealer: 41.301(2) (defining "commission"), Government Code.

 

SECTION 150. Provides that, if any provision of this Act conflicts with a provision of another Act of the 84th Legislature, Regular Session, 2015, the provision of the other Act controls to the extent of the conflict, regardless of the date of enactment.

 

SECTION 151. Effective date: September 1, 2015.