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BILL ANALYSIS

 

 

 

H.B. 3648

By: Guillen

Juvenile Justice & Family Issues

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

According to the Legislative Budget Board, the scope of the powers and duties of the office of independent ombudsman for the Texas Juvenile Justice Department is unclear when conducting oversight of post-adjudication facilities that serve youth under juvenile probation departments' supervision. H.B. 3648 seeks to address this issue by clarifying the powers and duties of the office in this regard.  

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 3648 amends the Human Resources Code to clarify that the purpose of the office of the independent ombudsman for the Texas Juvenile Justice Department (TJJD) and the scope of the independent ombudsman's powers and duties is investigating, evaluating, and securing the rights of children placed in or committed to a facility. The bill specifies that "child," for purposes of the bill's provisions, means an individual who is 10 years of age or older and younger than 19 years of age and who is placed in or committed to a facility by juvenile court order. The bill sets out the definition of "facility."

 

H.B. 3648 repeals Section 261.101(e), Human Resources Code, as added by Chapter 854 (S.B. 1149), Acts of the 84th Legislature, Regular Session, 2015, and Section 261.101(e), Human Resources Code, as amended by Chapter 962 (S.B. 1630), Acts of the 84th Legislature, Regular Session, 2015.

 

EFFECTIVE DATE

 

September 1, 2019.