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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a public junior college district |
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by the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 130, Education Code, is amended by |
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adding Subchapter N to read as follows: |
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SUBCHAPTER N. JUNIOR COLLEGE DISTRICT IN TEXAS DEPARTMENT OF |
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CRIMINAL JUSTICE |
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Sec. 130.401. DEFINITIONS. In this chapter: |
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(1) "Board" means the Texas Board of Criminal Justice. |
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(2) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(3) "Department" means the Texas Department of |
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Criminal Justice. |
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(4) "District" means the public junior college |
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district established under this subchapter. |
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Sec. 130.402. ESTABLISHMENT; OPERATION. (a) The |
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department may establish a public junior college district to |
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operate public junior college campuses at the department's |
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facilities. |
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(b) The board is the district's governing board and shall |
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provide for the operation of the district in the manner the board |
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considers appropriate. |
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Sec. 130.403. SUNSET PROVISION. The district is subject to |
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review under Chapter 325, Government Code (Texas Sunset Act), and |
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shall be reviewed during the period in which the department is |
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reviewed. |
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Sec. 130.404. APPLICABILITY OF CODE; LIMITATION ON POWERS. |
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(a) Unless otherwise specifically provided, a provision of this |
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code applying to a public junior college district or to the |
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governing board of a public junior college district does not apply |
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to the district or to the board. |
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(b) The district may not impose a tax. |
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Sec. 130.405. GOALS. The goals of the district in educating |
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the district's students are to: |
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(1) reduce recidivism; |
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(2) reduce the cost of confinement or imprisonment; |
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(3) increase the success of former inmates in |
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obtaining and maintaining employment; and |
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(4) provide an incentive to inmates to behave in |
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positive ways during confinement or imprisonment. |
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Sec. 130.406. GENERAL DUTIES. The district shall: |
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(1) develop educational programs specifically |
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designed for persons eligible under Section 130.407 and ensure that |
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those programs are integrated with an applied vocational context |
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leading to employment; |
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(2) develop vocational training programs specifically |
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designed for persons eligible under Section 130.407 and prioritize |
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the programs that result in the obtainment of workforce |
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credentials, including certification or licensure, considering the |
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impact that a previous felony conviction has on a person's ability |
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to obtain credentialing or employment; |
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(3) continually assess job markets in this state and |
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update, augment, and expand the vocational training programs |
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developed under Subdivision (2) as necessary to provide relevant |
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and marketable skills to students; and |
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(4) coordinate educational programs and services in |
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the department with those provided by the Windham School District, |
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by other state agencies, by political subdivisions, and by persons |
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who provide programs and services under contract. |
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Sec. 130.407. ELIGIBILITY FOR DISTRICT PROGRAMS AND |
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SERVICES. (a) Any person confined or imprisoned in the department |
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who has earned a high school diploma or high school equivalency |
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certificate is eligible for the district's programs and services. |
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(b) To the extent space and funding are available, the |
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district may offer programs or services to persons confined or |
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imprisoned in the department who are not described by Subsection |
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(a). |
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Sec. 130.408. INFORMATION REQUIRED BEFORE VOCATIONAL |
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TRAINING PROGRAM ENROLLMENT. Before a person enrolls in a district |
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vocational training program, the district must inform the person in |
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writing of: |
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(1) any rule or policy of a state agency that would |
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impose a restriction or prohibition on the person in obtaining a |
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certificate, license, or other credential in connection with the |
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vocational training program; |
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(2) the total number of district students released |
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during the preceding 10 years who have completed a district |
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vocational training program that allows for an opportunity to apply |
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for a certificate, license, or other credential from a state agency |
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and, of those students: |
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(A) the number who have applied for a |
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certificate, license, or other credential from a state agency; |
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(B) the number who have been issued a |
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certificate, license, or other credential by a state agency; and |
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(C) the number who have been denied a |
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certificate, license, or other credential by a state agency; and |
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(3) the procedures for: |
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(A) requesting a criminal history evaluation |
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letter under Section 53.102, Occupations Code; |
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(B) providing evidence of fitness to perform the |
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duties and discharge the responsibilities of a licensed occupation |
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for purposes of Section 53.023, Occupations Code; and |
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(C) appealing a state agency's denial of a |
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certificate, license, or other credential, including deadlines and |
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due process requirements: |
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(i) to the State Office of Administrative |
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Hearings under Subchapter C, Chapter 2001, Government Code; and |
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(ii) through any other available avenue. |
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Sec. 130.409. CREDIT FOR COMPLETION OF EDUCATIONAL |
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PROGRAMS. (a) An institution of higher education, as defined by |
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Section 61.003, shall grant to a student credit toward a degree or |
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certificate program at the institution for courses the student |
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successfully completes in the district's educational programs, in |
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accordance with rules adopted by the coordinating board. |
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(b) A student may graduate and receive an associate degree |
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or certificate from an educational program offered by the district |
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if the student successfully completes the curriculum requirements |
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established by the board for that program, in accordance with rules |
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adopted by the coordinating board. |
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Sec. 130.410. COORDINATION. (a) The board may coordinate |
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or partner with any appropriate entity to establish the district or |
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to provide the district's programs and services. |
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(b) The district shall coordinate vocational education and |
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job training programs with a local workforce development board |
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authorized by the Texas Workforce Commission to ensure that |
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district students are equipped with the skills necessary to compete |
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for current and emerging jobs. |
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Sec. 130.411. FUNDING. (a) The district is eligible to |
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receive formula funding under Section 130.003 or any other funding |
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as the legislature considers appropriate. |
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(b) Not later than September 1, 2020, the coordinating board |
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shall provide to the legislature recommendations regarding |
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appropriate methods of funding the district. This subsection |
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expires September 1, 2021. |
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Sec. 130.412. GRANTS AND FEDERAL FUNDS. (a) The district |
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may accept a grant from any public or private organization and may |
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spend those funds to provide the district's programs and services. |
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(b) The district may accept federal funds and shall use |
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those funds in compliance with applicable federal law. |
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Sec. 130.413. STRATEGIC PLAN AND ANNUAL REPORT. (a) The |
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district shall propose, and the board shall adopt with any |
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modification the board finds necessary, a strategic plan that |
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includes: |
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(1) a mission statement relating to the goals and |
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duties of the district under this chapter; |
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(2) goals to be met by the district in carrying out the |
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mission stated; and |
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(3) specific educational, vocational training, and |
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counseling programs to be conducted by the district to meet the |
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goals stated in the plan. |
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(b) Not later than January 31 of each year, the district |
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shall prepare and submit to the board, the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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coordinating board a report for the preceding fiscal year |
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documenting the district's activities under the strategic plan |
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adopted under Subsection (a). |
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Sec. 130.414. PROGRAM DATA COLLECTION AND BIENNIAL |
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EVALUATION AND REPORT. (a) To evaluate the effectiveness of the |
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district's programs, the district shall compile and analyze |
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information for each program, including performance-based |
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information and data related to academic, vocational training, and |
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life skills programs. The information must include for each person |
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participating in the program an evaluation of: |
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(1) institutional disciplinary violations; |
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(2) subsequent arrests; |
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(3) subsequent convictions or confinements; |
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(4) the cost of confinement; |
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(5) educational achievement; |
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(6) progress toward an associate degree or |
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certificate; |
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(7) the kind of training services provided; |
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(8) the kind of employment the person obtains on |
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release; |
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(9) whether the employment was related to training; |
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(10) the difference between the amount of the person's |
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earnings on the date employment is obtained following release and |
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the amount of those earnings on the first anniversary of that date; |
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and |
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(11) the retention factors associated with the |
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employment. |
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(b) Not later than September 1 of each even-numbered year, |
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the district shall use the information compiled and analyzed under |
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Subsection (a) to: |
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(1) evaluate whether the district's programs meet the |
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goals under Section 130.405 and make changes to the programs as |
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necessary; and |
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(2) submit to the board, the governor, and the |
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legislature a report on the district's findings. |
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(c) The district may enter into a memorandum of |
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understanding with the department, the Department of Public Safety, |
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and the Texas Workforce Commission to obtain and share data |
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necessary to evaluate the district's programs. |
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SECTION 2. Section 493.031(a), Government Code, is amended |
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to read as follows: |
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(a) Each facility under the oversight of the correctional |
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institutions division shall establish a case management committee |
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to assess each inmate in the facility and ensure the inmate is |
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receiving appropriate services or participating in appropriate |
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programs. The case management committee shall: |
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(1) review each individualized treatment plan adopted |
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under Section 508.152 for an inmate in the facility and, as |
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applicable, discuss with the inmate a possible treatment plan, |
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including participation in any program or service that may be |
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available through the department, the Windham School District, a |
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public junior college district established under Subchapter N, |
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Chapter 130, Education Code, or any volunteer organization; and |
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(2) meet with each inmate in the facility at the time |
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of the inmate's initial placement in the facility and at any time in |
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which the committee seeks to reclassify the inmate based on the |
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inmate's refusal to participate in a program or service recommended |
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by the committee. |
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SECTION 3. Sections 501.092(c) and (e), Government Code, |
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are amended to read as follows: |
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(c) The department, in consultation with the Board of |
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Pardons and Paroles, [and] the Windham School District, and a |
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public junior college district established under Subchapter N, |
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Chapter 130, Education Code, shall establish the role of each |
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entity in providing reentry and reintegration services. The reentry |
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and reintegration plan adopted under this section must include, |
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with respect to the department, the Board of Pardons and Paroles, |
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[and] the Windham School District, and a public junior college |
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district established under Subchapter N, Chapter 130, Education |
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Code: |
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(1) the reentry and reintegration responsibilities |
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and goals of each entity, including the duties of each entity to |
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administer the risk and needs assessment instrument adopted under |
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Section 501.0921; |
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(2) the strategies for achieving the goals identified |
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by each entity; and |
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(3) specific timelines for each entity to implement |
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the components of the reentry and reintegration plan for which the |
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entity is responsible. |
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(e) The department shall provide a copy of the initial |
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reentry and reintegration plan adopted under this section and each |
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evaluation and revision of the plan to the board, the Windham School |
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District, a public junior college district established under |
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Subchapter N, Chapter 130, Education Code, and the Board of Pardons |
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and Paroles. |
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SECTION 4. Section 501.0921(c), Government Code, is amended |
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to read as follows: |
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(c) The department, [and] the Windham School District, and a |
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public junior college district established under Subchapter N, |
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Chapter 130, Education Code, shall jointly determine the duties of |
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each entity with respect to implementing the risk and needs |
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assessment instrument in order to efficiently use existing |
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assessment processes. |
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SECTION 5. Section 501.0971(b), Government Code, is amended |
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to read as follows: |
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(b) The department shall make the resource guide available |
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in the [Windham School District] libraries of the Windham School |
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District and of a public junior college district established under |
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Subchapter N, Chapter 130, Education Code, and in each of the |
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following areas of a correctional facility: |
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(1) peer educator classrooms; |
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(2) chapels; |
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(3) reintegration specialist offices; and |
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(4) any area or classroom that is used by the |
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department for the purpose of providing information about reentry |
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to inmates. |
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SECTION 6. Section 501.098(a), Government Code, is amended |
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to read as follows: |
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(a) The department shall establish a reentry task force and |
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shall coordinate the work of the task force with the Office of Court |
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Administration. The executive director shall ensure that the task |
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force includes representatives of the following entities: |
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(1) the Texas Juvenile Justice Department; |
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(2) the Texas Workforce Commission; |
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(3) the Department of Public Safety; |
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(4) the Texas Department of Housing and Community |
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Affairs; |
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(5) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments; |
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(6) the Health and Human Services Commission; |
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(7) the Texas Judicial Council; |
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(8) the Board of Pardons and Paroles; |
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(9) the Windham School District; |
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(10) the Texas Commission on Jail Standards; |
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(11) the Department of State Health Services; |
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(12) the Texas Court of Criminal Appeals; |
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(13) the County Judges and Commissioners Association |
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of Texas; |
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(14) the Sheriffs' Association of Texas; |
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(15) the Texas District and County Attorneys |
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Association; [and] |
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(16) the Texas Conference of Urban Counties; and |
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(17) a public junior college district established |
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under Subchapter N, Chapter 130, Education Code. |
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SECTION 7. Section 661.031(2), Government Code, is amended |
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to read as follows: |
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(2) "State employee" means an individual who is an |
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appointed officer or employee of a state agency and who normally |
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works 900 hours or more a year. The term includes: |
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(A) an hourly employee; |
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(B) a temporary employee; |
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(C) a person employed by: |
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(i) the Teacher Retirement System of Texas; |
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(ii) the Texas Education Agency; |
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(iii) the Texas Higher Education |
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Coordinating Board; |
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(iv) the Texas School for the Blind and |
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Visually Impaired; |
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(v) the Texas School for the Deaf; |
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(vi) the Texas Juvenile Justice Department; |
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(vii) the Windham School District; [or] |
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(viii) the Department of Assistive and |
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Rehabilitative Services; or |
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(ix) a public junior college district |
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established under Subchapter N, Chapter 130, Education Code; and |
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(D) a classified, administrative, faculty, or |
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professional employee of a state institution or agency of higher |
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education who has accumulated vacation leave, sick leave, or both, |
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during the employment. |
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SECTION 8. Section 661.061(2), Government Code, is amended |
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to read as follows: |
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(2) "State employee" means an employee or appointed |
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officer of a state agency. The term includes: |
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(A) a full-time employee or officer; |
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(B) a part-time employee or officer; |
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(C) an hourly employee; |
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(D) a temporary employee; |
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(E) a person employed by: |
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(i) the Teacher Retirement System of Texas; |
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(ii) the Texas Education Agency; |
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(iii) the Texas Higher Education |
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Coordinating Board; |
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(iv) the Texas School for the Blind and |
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Visually Impaired; |
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(v) the Texas School for the Deaf; |
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(vi) the Texas Juvenile Justice Department; |
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(vii) the Windham School District; [or] |
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(viii) the Department of Assistive and |
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Rehabilitative Services; or |
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(ix) a public junior college district |
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established under Subchapter N, Chapter 130, Education Code; or |
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(F) a classified, administrative, faculty, or |
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professional employee of a state institution or agency of higher |
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education who has accumulated vacation leave during the employment. |
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SECTION 9. Section 1551.319(d), Insurance Code, is amended |
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to read as follows: |
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(d) The executive head of the Windham School District or a |
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public junior college district established under Subchapter N, |
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Chapter 130, Education Code, shall determine whether an educational |
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professional employee of the applicable district [school] is a |
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full-time employee for purposes of this chapter. |
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SECTION 10. (a) Not later than January 31 of the year |
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immediately following the year in which a public junior college |
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district is established under Subchapter N, Chapter 130, Education |
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Code, as added by this Act, the district shall prepare and submit |
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the initial report required under Section 130.413 of that |
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subchapter. |
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(b) Not later than September 1 of the first even-numbered |
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year following the year in which a public junior college district is |
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established under Subchapter N, Chapter 130, Education Code, as |
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added by this Act, the district shall submit the initial report |
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required under Section 130.414 of that subchapter. |
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SECTION 11. This Act takes effect September 1, 2019. |