84R15261 T

By: Miles H.B. No. 3303

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Office of the Independent Oversight Ombudsman for the Texas Department of Criminal Justice.

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

SECTION 1. Chapter 512, Government Code, is added to read as follows:

CHAPTER 512. OFFICE OF THE INDEPENDENT OVERSIGHT OMBUDSMAN OF THE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 512.001. DEFINITIONS. In this chapter:

(1) "Department" means the Texas Department of Criminal Justice.

(2) "Independent Oversight Ombudsman" means the individual who has been appointed under this chapter to the office of the independent oversight ombudsman.

(3) "Office" means the office of the independent oversight ombudsman created under this chapter.

Sec. 512.002. ESTABLISHMENT; PURPOSE. The office of the independent oversight ombudsman is a state agency established for the purpose of investigating, evaluating, and securing the rights of the individuals in department's custody, including an adult released under supervision before final discharge. The office will also be responsible for in-depth review and analysis of data, determination of long-range-needs, identification of critical issues and corresponding solutions, and assessment of the efficacy of existing programs.

Sec. 512.003. INDEPENDENCE. (a) The independent oversight ombudsman in the performance of its duties and powers under this chapter acts independently of the department.

(b) Funding for the independent oversight ombudsman is appropriated separately from funding for the department.

[Sections 512.004-512.050 reserved for expansion]

SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE

Sec. 512.051. APPOINTMENT OF INDEPENDENT OVERSIGHT OMBUDSMAN. (a) The governor shall appoint the independent oversight ombudsman with the advice and consent of the senate for a term of two years, expiring February 1 of odd-numbered years.

(b) A person appointed as independent oversight ombudsman is eligible for reappointment but may serve more than three terms in that capacity.

(c) The governor shall appoint the independent oversight ombudsman with the advice and consent of the senate for each of the independent oversight ombudsman's subsequent terms of office.

Sec. 512.052. ASSISTANTS. The independent oversight ombudsman may hire assistants to perform, under the direction of the independent oversight ombudsman, the same duties and exercise the same powers as the independent oversight ombudsman.

Sec. 512.053. CONFLICT OF INTEREST. (a) A person may not serve as independent oversight ombudsman or as an assistant to the independent oversight ombudsman if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization receiving funds from the department;

(2) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department; or

(3) uses or receives any amount of tangible goods, services, or funds from the department.

(b) A person may not serve as independent oversight ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.

(c) A person may not serve as independent oversight ombudsman or as an assistant to the independent oversight ombudsman if the person or the person's spouse is an officer, employee, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.

(d) For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Sec. 512.054. REPORT. (a) The independent oversight ombudsman shall submit on a quarterly basis to the governor, the lieutenant governor, the state auditor, and each member of the legislature a report that is both aggregated and disaggregated by individual facility and describes:

(1) the work of the independent oversight ombudsman;

(2) the results of any review or investigation undertaken by the independent oversight ombudsman, including reviews or investigation of services contracted by the department; and

(3) any recommendations that the independent oversight ombudsman has in relation to the duties of the independent oversight ombudsman.

(b) The independent oversight ombudsman shall immediately report to the governor, the lieutenant governor, the speaker of the house of representatives, the state auditor, and the office of the inspector general of the commission any particularly serious or flagrant:

(1) case of abuse or injury of individual in the department's custody or supervision;

(2) problem concerning the administration of a department program or operation;

(3) problem concerning the delivery of services in a facility operated by or under contract with the department; or

(4) interference by the department with an investigation conducted by the office.

Sec. 512.055. COMMUNICATION AND CONFIDENTIALITY. (a) The department shall allow any individual in the department's custody or supervision to communicate with the independent oversight ombudsman or an assistant to the oversight ombudsman. The communication:

(1) may be in person, by mail, or by any other means; and

(2) is confidential and privileged.

(b) The records of the independent oversight ombudsman are confidential, except that the independent oversight ombudsman shall:

(1) share with the office of inspector general of the department a communication with an individual that may involve abuse or neglect; and

(2) disclose its nonprivileged records if required by a court order on a showing of good cause.

(c) The independent oversight ombudsman may make reports relating to an investigation public after the investigation is complete but only if the names of all individuals, family members, and employees are redacted from the report and remain confidential.

(d) The name, address, or other personally identifiable information of a person who files a complaint with the office of independent oversight ombudsman, information generated by the office of independent oversight ombudsman in the course of an investigation, and confidential records obtained by the office of independent oversight ombudsman are confidential and not subject to disclosure under Chapter 552, Government Code, except that the information and records, other than confidential information and records concerning a pending law enforcement investigation or criminal action, may be disclosed to the appropriate person if the office determines that disclosure is:

(1) in the general public interest;

(2) necessary to enable the office to perform the responsibilities provided under this section; or

(3) necessary to identify, prevent, or treat physical or sexual assault or neglect of anyone in the department's custody or supervision.

Sec. 512.056. PROMOTION OF AWARENESS OF OFFICE. The independent oversight ombudsman shall promote awareness among the public and individuals in the department's custody or supervision of:

(1) how the office may be contacted;

(2) the purpose of the office; and

(3) the services the office provides.

Sec. 512.057. RULEMAKING AUTHORITY. The office by rule shall establish policies and procedures for the operations of the office of independent oversight ombudsman.

Sec. 512.058. AUTHORITY OF STATE AUDITOR. The office is subject to audit by the state auditor in accordance with Chapter 321, Government Code.

[Sections 512.060-512.100 reserved for expansion]

SUBCHAPTER C. DUTIES AND POWERS

Sec. 512.101. DUTIES AND POWERS. (a) The independent oversight ombudsman shall:

(1) review the procedures established by the department and evaluate the delivery of services to individuals in the department's custody or supervision to ensure that the rights of individuals are fully observed;

(2) review complaints filed with the independent oversight ombudsman concerning the actions of the department and investigate each complaint in which it appears that an individual may be in need of assistance from the independent oversight ombudsman;

(3) conduct investigations of complaints, other than complaints alleging criminal behavior, if the office determines that:

(A) an individual in the department's custody or supervision or the individual's family may be in need of assistance from the office; or

(B) a systemic issue in the department's provision of services is raised by a complaint;

(4) review or inspect periodically the facilities and procedures of any institution or residence in which an individual has been placed by the department, whether public or private, to ensure that the rights of those in custody or supervision are fully observed;

(5) provide assistance to an individual or family member who the independent oversight ombudsman determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the individual in custody or supervision;

(6) review court orders as necessary to fulfill its duties;

(7) recommend changes in any procedure relating to the treatment of individuals in the department's custody or supervision;

(8) make appropriate referrals under any of the duties and powers listed in this subsection; and

(9) supervise assistants who are serving as advocates in their representation of individual's in the department's custody or supervision in internal administrative and disciplinary hearings.

(b) The independent oversight ombudsman may apprise persons who are interested in a individual's welfare of the rights of the individual.

(c) To assess if an individual's rights have been violated, the independent oversight ombudsman may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, family member, expert, another individual in the department's custody or supervision, or any other individual in the course of its investigation or to secure information.

(d) Notwithstanding any other provision of this chapter, the independent oversight ombudsman may not investigate alleged criminal behavior.

Sec.512.102. TREATMENT OF DEPARTMENT EMPLOYEES WHO COOPERATE WITH INDEPENDENT OVERSIGHT OMBUDSMAN. The department may not discharge or in any manner discriminate or retaliate against an employee who in good faith makes a complaint to the office of independent oversight ombudsman or cooperates with the office in an investigation.

Sec. 512.103. TRAINING. The independent oversight ombudsman shall attend annual sessions, including the training for correctional officers, and may participate in other appropriate professional training.

[Sections 512.104-512.150 reserved for expansion]

SUBCHAPTER D. ACCESS TO INFORMATION

Sec. 512.151. ACCESS TO INFORMATION OF GOVERNMENTAL ENTITIES. (a) The department shall allow the independent oversight ombudsman access to its records relating to the individuals in the department's custody or supervision.

(b) The Department of Public Safety and any local law enforcement agency shall allow the independent oversight ombudsman access to its records relating to any individual in the department's custody or supervision.

Sec. 512.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. The independent oversight ombudsman shall have access to the records of a private entity that relate to an individual in the department's custody or supervision.

Section 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.