88R6713 CJD-D
 
  By: Canales H.B. No. 1520
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Juvenile
  Justice Department and the functions of the office of independent
  ombudsman for the Texas Juvenile Justice Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.054, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  Article 42A.053 does not apply to a defendant if it is
  shown that the defendant committed an offense punishable as a
  felony when the defendant was:
               (1)  at least 17 years of age;
               (2)  committed to the Texas Juvenile Justice
  Department; and
               (3)  confined in a secure facility operated under
  Subtitle C, Title 12, Human Resources Code.
         SECTION 2.  Article 42A.056, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
  SUPERVISION.  A defendant is not eligible for community supervision
  under Article 42A.055 if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years;
               (2)  is convicted of a state jail felony for which
  suspension of the imposition of the sentence occurs automatically
  under Article 42A.551;
               (3)  is adjudged guilty of an offense under Section
  19.02, Penal Code;
               (4)  is convicted of an offense under Section 21.11,
  22.011, or 22.021, Penal Code, if the victim of the offense was
  younger than 14 years of age at the time the offense was committed;
               (5)  is convicted of an offense under Section 20.04,
  Penal Code, if:
                     (A)  the victim of the offense was younger than 14
  years of age at the time the offense was committed; and
                     (B)  the actor committed the offense with the
  intent to violate or abuse the victim sexually;
               (6)  is convicted of an offense under Section 20A.02,
  20A.03, 43.04, 43.05, or 43.25, Penal Code;
               (7)  is convicted of an offense for which punishment is
  increased under Section 481.134(c), (d), (e), or (f), Health and
  Safety Code, if it is shown that the defendant has been previously
  convicted of an offense for which punishment was increased under
  any of those subsections; [or]
               (8)  is convicted of an offense under Section 481.1123,
  Health and Safety Code, if the offense is punishable under
  Subsection (d), (e), or (f) of that section; or
               (9)  is convicted of an offense punishable as a felony
  when the defendant was:
                     (A)  at least 17 years of age;
                     (B)  committed to the Texas Juvenile Justice
  Department; and
                     (C)  confined in a secure facility operated under
  Subtitle C, Title 12, Human Resources Code.
         SECTION 3.  Section 51.12(c-1), Family Code, is amended to
  read as follows:
         (c-1)  The Texas Juvenile Justice Department shall
  [annually] inspect each public or private juvenile
  pre-adjudication secure detention facility.  The department shall
  provide a report to each juvenile court judge presiding in the same
  county as an inspected facility indicating whether the facility is
  suitable or unsuitable for the detention of children in accordance
  with:
               (1)  the requirements of Subsections (a), (f), and (g);
  and
               (2)  minimum professional standards for the detention
  of children in pre-adjudication secure confinement promulgated by
  the department or, at the election of the juvenile board of the
  county in which the facility is located, the current standards
  promulgated by the American Correctional Association.
         SECTION 4.  Section 51.125(c), Family Code, is amended to
  read as follows:
         (c)  The Texas Juvenile Justice Department shall [annually]
  inspect each public or private juvenile post-adjudication secure
  correctional facility that is not operated by the department.  The
  department shall provide a report to each juvenile court judge
  presiding in the same county as an inspected facility indicating
  whether the facility is suitable or unsuitable for the confinement
  of children in accordance with minimum professional standards for
  the confinement of children in post-adjudication secure
  confinement promulgated by the department or, at the election of
  the juvenile board of the county in which the facility is located,
  the current standards promulgated by the American Correctional
  Association.
         SECTION 5.  Section 51.126(c), Family Code, is amended to
  read as follows:
         (c)  The Texas Juvenile Justice Department shall [annually]
  inspect each nonsecure correctional facility.  The Texas Juvenile
  Justice Department shall provide a report to each juvenile court
  judge presiding in the same county as an inspected facility
  indicating whether the facility is suitable or unsuitable for the
  confinement of children in accordance with minimum professional
  standards for the confinement of children in nonsecure confinement
  promulgated by the Texas Juvenile Justice Department or, at the
  election of the juvenile board of the county in which the facility
  is located, the current standards promulgated by the American
  Correctional Association.
         SECTION 6.  Section 53.045(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (e), the prosecuting
  attorney may refer the petition to the grand jury of the county in
  which the court in which the petition is filed presides if the
  petition alleges that the child engaged in delinquent conduct that:
               (1)  constitutes habitual felony conduct as described
  by Section 51.031;
               (2)  [or that] included the violation of any of the
  following provisions:
                     (A) [(1)]  Section 19.02, Penal Code (murder);
                     (B) [(2)]  Section 19.03, Penal Code (capital
  murder);
                     (C) [(3)]  Section 19.04, Penal Code
  (manslaughter);
                     (D) [(4)]  Section 20.04, Penal Code (aggravated
  kidnapping);
                     (E) [(5)]  Section 22.011, Penal Code (sexual
  assault) or Section 22.021, Penal Code (aggravated sexual assault);
                     (F) [(6)]  Section 22.02, Penal Code (aggravated
  assault);
                     (G) [(7)]  Section 29.03, Penal Code (aggravated
  robbery);
                     (H) [(8)]  Section 22.04, Penal Code (injury to a
  child, elderly individual, or disabled individual), if the offense
  is punishable as a felony, other than a state jail felony;
                     (I) [(9)]  Section 22.05(b), Penal Code (felony
  deadly conduct involving discharging a firearm);
                     (J) [(10)]  Subchapter D, Chapter 481, Health and
  Safety Code, if the conduct constitutes a felony of the first degree
  or an aggravated controlled substance felony (certain offenses
  involving controlled substances);
                     (K) [(11)]  Section 15.03, Penal Code (criminal
  solicitation);
                     (L) [(12)]  Section 21.11(a)(1), Penal Code
  (indecency with a child);
                     (M) [(13)]  Section 15.031, Penal Code (criminal
  solicitation of a minor);
                     (N) [(14)]  Section 15.01, Penal Code (criminal
  attempt), if the offense attempted was an offense under Section
  19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
  murder), or an offense listed by Article 42A.054(a), Code of
  Criminal Procedure;
                     (O) [(15)]  Section 28.02, Penal Code (arson), if
  bodily injury or death is suffered by any person by reason of the
  commission of the conduct;
                     (P) [(16)]  Section 49.08, Penal Code
  (intoxication manslaughter); or
                     (Q) [(17)]  Section 15.02, Penal Code (criminal
  conspiracy), if the offense made the subject of the criminal
  conspiracy includes a violation of any of the provisions referenced
  in Paragraphs (A) through (P); or
               (3)  constitutes a felony of the first, second, or
  third degree committed while the child was committed to the Texas
  Juvenile Justice Department [Subdivisions (1) through (16)].
         SECTION 7.  Sections 54.02(a) and (j), Family Code, are
  amended to read as follows:
         (a)  The juvenile court may waive its exclusive original
  jurisdiction and transfer a child to the appropriate district court
  or criminal district court for criminal proceedings if:
               (1)  the child is alleged to have violated a penal law
  of the grade of felony;
               (2)  the child was:
                     (A)  14 years of age or older at the time the child
  [he] is alleged to have committed the offense, if the offense is a
  capital felony, an aggravated controlled substance felony, or a
  felony of the first degree, and no adjudication hearing has been
  conducted concerning that offense; or
                     (B)  15 years of age or older at the time the child
  is alleged to have committed the offense, if the offense is a felony
  of the second or third degree [or a state jail felony], and no
  adjudication hearing has been conducted concerning that offense;
  and
               (3)  after a full investigation and a hearing, the
  juvenile court determines that there is probable cause to believe
  that the child before the court committed the offense alleged and
  that because of the seriousness of the offense alleged or the
  background of the child the welfare of the community requires
  criminal proceedings.
         (j)  The juvenile court may waive its exclusive original
  jurisdiction and transfer a person to the appropriate district
  court or criminal district court for criminal proceedings if:
               (1)  the person is 18 years of age or older;
               (2)  the person was:
                     (A)  10 years of age or older and under 17 years of
  age at the time the person is alleged to have committed a capital
  felony or an offense under Section 19.02, Penal Code;
                     (B)  14 years of age or older and under 17 years of
  age at the time the person is alleged to have committed an
  aggravated controlled substance felony or a felony of the first
  degree other than an offense under Section 19.02, Penal Code; or
                     (C)  15 years of age or older and under 17 years of
  age at the time the person is alleged to have committed a felony of
  the second or third degree [or a state jail felony];
               (3)  no adjudication concerning the alleged offense has
  been made or no adjudication hearing concerning the offense has
  been conducted;
               (4)  the juvenile court finds from a preponderance of
  the evidence that:
                     (A)  for a reason beyond the control of the state
  it was not practicable to proceed in juvenile court before the 18th
  birthday of the person; or
                     (B)  after due diligence of the state it was not
  practicable to proceed in juvenile court before the 18th birthday
  of the person because:
                           (i)  the state did not have probable cause to
  proceed in juvenile court and new evidence has been found since the
  18th birthday of the person;
                           (ii)  the person could not be found; or
                           (iii)  a previous transfer order was
  reversed by an appellate court or set aside by a district court; and
               (5)  the juvenile court determines that there is
  probable cause to believe that the child before the court committed
  the offense alleged.
         SECTION 8.  Section 56.01(c), Family Code, is amended to
  read as follows:
         (c)  An appeal may be taken:
               (1)  except as provided by Subsection (n), by or on
  behalf of a child from an order entered under:
                     (A)  Section 54.02 respecting transfer of the
  child for prosecution as an adult;
                     (B)  Section 54.03 with regard to delinquent
  conduct or conduct indicating a need for supervision;
                     (C)  Section 54.04 disposing of the case;
                     (D)  Section 54.05 respecting modification of a
  previous juvenile court disposition; or
                     (E)  Chapter 55 by a juvenile court committing a
  child to a facility for persons with mental illness [the mentally
  ill] or intellectual disabilities [intellectually disabled]; or
               (2)  by a person from an order entered under Section
  54.11(i)(2) transferring the person to the custody of the Texas
  Department of Criminal Justice.
         SECTION 9.  Sections 202.001(a) and (b), Human Resources
  Code, are amended to read as follows:
         (a)  The board is composed of the following nine [13] members
  appointed by the governor with the advice and consent of the senate:
               (1)  one member who is a district court judge of a court
  designated as a juvenile court;
               (2)  one member who is a member [three members who are
  members] of a county commissioners court with juvenile justice
  experience;
               (3)  one prosecutor in juvenile court;
               (4)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes fewer than 7,500 persons younger than 18 years of age;
               (5)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes at least 7,500 but fewer than 80,000 persons younger than
  18 years of age;
               (6)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes 80,000 or more persons younger than 18 years of age;
               (7)  one adolescent mental health treatment
  professional licensed under Subtitle B or I, Title 3, Occupations
  Code, or a representative from a local mental or behavioral health
  authority who has experience working with children;
               (8)  one member who is:
                     (A)  an educator, as that term is defined by
  Section 5.001, Education Code, with juvenile justice experience; or
                     (B)  a juvenile justice professional with
  experience managing a secure juvenile justice facility operated by
  the department or a county; and
               (9)  one member [three members] of the general public.
         (b)  Members serve staggered six-year terms, with the terms
  of three [four or five] members expiring on February 1 of each
  odd-numbered year.
         SECTION 10.  Section 202.005, Human Resources Code, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  If a juvenile justice professional is appointed as a
  board member under Section 202.001(a)(8), the member shall:
               (1)  avoid the appearance of a conflict of interest by
  not voting or participating in any decision by the board that solely
  benefits or penalizes or otherwise solely impacts any juvenile
  probation department or facility the professional is employed by or
  works for under a contract; and
               (2)  refrain from voting or rendering any decision
  regarding a matter of abuse and neglect presented to the board with
  respect to any juvenile probation department or facility the
  professional is employed by or works for under a contract.
         (b)  The board may adopt recusal requirements in addition to
  those described by Subsections [Subsection] (a) and (a-1),
  including requirements that are more restrictive than those
  described by those subsections [Subsection (a)].
         SECTION 11.  Section 202.006, Human Resources Code, is
  amended by amending Subsection (b) and adding Subsection (d) to
  read as follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing department operations [the
  legislation that created the department];
               (2)  the programs, functions, rules, and budget of the
  department;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4)  the results of the most recent formal audit of the
  department;
               (5) [(4)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of a state
  policymaking body in performing their duties; and
               (6) [(5)]  any applicable ethics policies adopted by
  the department or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b).  The
  executive director shall distribute a copy of the training manual
  annually to each member of the board. Each member of the board shall
  sign and submit to the executive director a statement acknowledging
  that the member received and has reviewed the training manual.
         SECTION 12.  Section 202.010, Human Resources Code, is
  amended to read as follows:
         Sec. 202.010.  SUNSET PROVISION. The Texas Juvenile Justice
  Board and the Texas Juvenile Justice Department are subject to
  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
  in existence as provided by that chapter, the board and the
  department are abolished September 1, 2025 [2023].
         SECTION 13.  Section 203.001, Human Resources Code, is
  amended by adding Subsections (b-1) and (b-2) to read as follows:
         (b-1)  The board may delegate to the executive director the
  board's responsibilities as the board determines appropriate.
         (b-2)  In making a delegation under Subsection (b-1), the
  board shall provide:
               (1)  to the executive director with respect to each
  delegation:
                     (A)  clear direction;
                     (B)  performance measures; and
                     (C)  reporting requirements; and
               (2)  to the department, sufficient oversight to ensure
  that delegated responsibilities are performed according to the
  mission and funding priorities described by Subsection (c).
         SECTION 14.  Section 203.002, Human Resources Code, is
  amended to read as follows:
         Sec. 203.002.  EXECUTIVE DIRECTOR.  (a) The board shall:
               (1)  employ an executive director to administer the
  department; and
               (2)  supervise the director's administration of the
  department.
         (b)  The executive director must possess the following
  minimum qualifications:
               (1)  five years of experience in the field of juvenile
  corrections or congregate care in an administrative capacity;
               (2)  three years of experience in the field of juvenile
  corrections or congregate care in an administrative capacity and a
  graduate degree from an institution of higher education in a
  relevant field, including penology, adolescent development,
  behavior management, or rehabilitative services; or
               (3)  seven years of experience in management and
  administration of a government agency, institution of higher
  education, or business enterprise of a size comparable to the
  department.
         (c)  The department shall track the frequency with which the
  executive director takes the following actions:
               (1)  selects a child for a conditional placement;
               (2)  selects a child for a home placement;
               (3)  waives the requirement for a child with a
  determinate sentence to spend the child's entire minimum period of
  confinement in a high-restriction facility;
               (4)  waives the requirement for a child to be on
  intensive supervision when initially released on parole;
               (5)  authorizes early discharges for a child on parole;
  or
               (6)  finalizes an appeal brought by an advocacy group
  or social service provider who was denied certain access to
  department facilities.
         (d)  The executive director shall provide the board and the
  Sunset Advisory Commission four times each year aggregated data on
  the number of times each action described by Subsection (c) was
  taken during the previous calendar quarter.
         SECTION 15.  Section 203.0081, Human Resources Code, is
  amended by amending Subsections (a) and (e) and adding Subsection
  (c-1) to read as follows:
         (a)  The advisory council on juvenile services consists of:
               (1)  the executive director of the department or the
  executive director's designee;
               (2)  the director of probation services of the
  department or the director's designee;
               (3)  the director of state programs and facilities of
  the department or the director's designee;
               (4)  the executive commissioner of the Health and Human
  Services Commission or the commissioner's designee;
               (5)  one representative of the county commissioners
  courts appointed by the board;
               (6)  two juvenile court judges appointed by the board;
  [and]
               (7)  seven chief juvenile probation officers appointed
  by the board as provided by Subsection (b); and
               (8)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee.
         (c-1)  The board shall adopt rules regarding:
               (1)  the purpose, role, and goals of the advisory
  council;
               (2)  the meeting procedures and quorum requirement for
  the advisory council;
               (3)  the appropriate level of participation from the ex
  officio advisory council members designated under Subsections
  (a)(1)-(4);
               (4)  appointment or election procedures for the chair
  and vice chair of the advisory council;
               (5)  reporting requirements and other communication
  procedures between the board and the advisory council;
               (6)  policies to avoid conflicts of interest by members
  of the advisory council; and
               (7)  policies to ensure the advisory council does not
  violate any provision of Chapter 551, Government Code, applicable
  to the advisory council.
         (e)  The advisory council shall assist the department in:
               (1)  determining the needs and problems of county
  juvenile boards and probation departments;
               (2)  conducting long-range strategic planning;
               (3)  reviewing and proposing revisions to existing or
  newly proposed standards affecting juvenile probation programs,
  services, or facilities;
               (4)  analyzing the potential cost impact on juvenile
  probation departments of new standards proposed by the board; [and]
               (5)  assessing and developing recommendations to
  improve the sharing of information between agencies that serve
  children, including agencies serving children in both the juvenile
  justice and child welfare systems; and
               (6)  advising the board on any other matter on the
  request of the board.
         SECTION 16.  Chapter 203, Human Resources Code, is amended
  by adding Sections 203.0083, 203.0084, 203.0085, and 203.0101 to
  read as follows:
         Sec. 203.0083.  AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.
  (a)  Subject to the requirements of Chapter 2110, Government Code,
  the board by rule may establish advisory committees to assist the
  board with rulemaking, policy development, and other activities as
  determined by the board.
         (b)  In establishing an advisory committee under this
  section, the board shall adopt rules regarding:
               (1)  the purpose, role, and goals of the advisory
  committee;
               (2)  the composition of and quorum requirement for the
  committee;
               (3)  the qualifications for committee membership,
  including:
                     (A)  experience requirements, including any
  specific expertise;
                     (B)  representation of diverse stakeholders; and
                     (C)  geographic diversity of committee members;
               (4)  appointment procedures and terms of service for
  committee members;
               (5)  policies to avoid conflicts of interest by
  committee members; and
               (6)  policies to ensure the committee does not violate
  any provision of Chapter 551, Government Code, applicable to the
  committee.
         Sec. 203.0084.  RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)  
  As part of the department's duty to inspect facilities and other
  entities under the department's jurisdiction, the department shall
  develop a comprehensive set of risk factors to use in assessing the
  overall risk level of the facilities and entities.  The risk factors
  may include:
               (1)  the entity type;
               (2)  available programming;
               (3)  past and repeat standards violations;
               (4)  the volume and types of complaints received by the
  department;
               (5)  recent leadership changes;
               (6)  high staff turnover;
               (7)  relevant findings from the office of independent
  ombudsman and the office of inspector general;
               (8)  negative media attention; and
               (9)  the number of months since the date of the
  department's last inspection of the entity.
         (b)  The department shall use the risk factors developed
  under this section to guide the inspections process for all
  facilities and entities under the department's jurisdiction by
  developing risk assessment tools with clear, objective standards to
  use in assessing the overall risk level of each entity.
         (c)  The department may develop distinct assessment tools
  under Subsection (b) for different entity types, as appropriate.
         (d)  The department shall periodically review the assessment
  tools developed under this section to ensure that the tools remain
  up to date and meaningful, as determined by the department.
         Sec. 203.0085.  RISK-BASED INSPECTIONS.  (a)  The department
  shall adopt a policy prioritizing inspections conducted by the
  department under: 
               (1)  Chapter 51, Family Code;
               (2)  Section 221.008 of this code; and
               (3)  Subtitle C, Title 12, of this code.
         (b)  The policy under Subsection (a) must require the
  department to:
               (1)  prioritize the inspection of entities based on the
  relative risk level of each entity; and 
               (2)  use the risk assessment tools established under
  Section 203.0084 to determine how frequently and intensively the
  department conducts risk-based inspections.
         (c)  The policy under Subsection (a) may provide for the
  department to use alternative inspection methods for entities
  determined to be low risk, including the following methods:
               (1)  desk audits of key documentation;
               (2)  abbreviated inspection procedures;
               (3)  videoconference technology; and
               (4)  other methods that are an alternative to
  conducting an in-person inspection.
         (d)  The department may request necessary information from a
  juvenile probation department or a private facility under the
  department's jurisdiction to assist the department in implementing
  a risk-based inspection schedule.
         Sec. 203.0101.  STATISTICAL ANALYSIS OF COMPLAINTS. (a)  
  The department shall make available on the department's Internet
  website a statistical analysis of the complaints received by the
  department.
         (b)  The complaint analysis under this section must include
  aggregate information on the number, source, type, and disposition
  of complaints received against certified officers during the
  preceding fiscal year and include the following information:
               (1)  the number of certified officers by certification
  type;
               (2)  the number of complaints against certified
  officers by certification type;
               (3)  the number of complaints resolved and the manner
  of resolution, including:
                     (A)  the total number of agreed, default, and
  board orders entered;
                     (B)  the total number of cases referred for
  contested case hearings by the State Office of Administrative
  Hearings;
                     (C)  the total number of contested cases heard by
  the State Office of Administrative Hearings; and
                     (D)  the total number of contested cases that were
  appealed to a district court;
               (4)  the average number of days required to resolve a
  complaint;
               (5)  a detailed analysis of the resolution for each
  closed complaint, by the nature of the alleged violation; and
               (6)  a detailed analysis of each closed complaint, by
  source.
         SECTION 17.  Section 203.013, Human Resources Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The executive director shall acknowledge receipt of and
  discuss the results of internal audits with the board.
         SECTION 18.  Section 203.017, Human Resources Code, is
  amended by adding Subsections (a-1), (a-2), (b-1), and (e-1) and
  amending Subsection (e) to read as follows:
         (a-1)  Not later than December 1, 2024, the department shall
  update and submit the regionalization plan developed under
  Subsection (a) to the Sunset Advisory Commission and standing
  legislative committees with primary jurisdiction over juvenile
  justice matters. Before submitting the plan, the department must
  present an updated draft of the regionalization plan to the board
  for public comment and board approval. This subsection expires
  September 1, 2025.
         (a-2)  The department may incorporate relevant suggestions,
  needs, or recommendations from the regionalization plan into
  subsequent strategic plans, legislative appropriation requests,
  and any other necessary document to support the plan's
  implementation.
         (b-1)  In addition to the requirements of Subsection (b), in
  developing the regionalization plan, the department shall consult
  with:
               (1)  the advisory council on juvenile services;
               (2)  regional juvenile probation associations;
               (3)  advocacy groups;
               (4)  parents and guardians of children under the
  jurisdiction of the department;
               (5)  individuals formerly involved in the juvenile
  justice system; and
               (6)  any other stakeholder the department determines
  may be helpful.
         (e)  The regionalization plan must:
               (1)  include a budget review, redirection of staff, and
  funding mechanisms necessary to support the plan;
               (2)  create a new division of the department
  responsible for administering the regionalization plan and
  monitoring program quality and accountability;
               (3)  [include sufficient mechanisms to divert at least:
                     [(A)  30 juveniles from commitment to secure
  facilities operated by the department for the state fiscal year
  beginning September 1, 2015; and
                     [(B)  150 juveniles from commitment to secure
  facilities operated by the department for the state fiscal year
  beginning September 1, 2016; and
               [(4)]  for the state fiscal year beginning September 1,
  2017, and each subsequent state fiscal year, include any savings
  that are generated by the decreases in the population of the secure
  facilities operated by the department under Subtitle C that exceed
  the cost of implementing the plan;
               (4)  include information on:
                     (A)  the department's compliance with statutory
  regionalization requirements; and
                     (B)  internal goals for diverting children from
  commitment to the department; and
               (5)  include specific, actionable steps regarding how
  the department will enhance regional capacity, coordination, and
  collaboration among juvenile probation departments to keep
  children closer to home as an alternative to commitment to the
  department's facilities while ensuring access to programs and the
  supervision necessary to maintain public safety.
         (e-1)  In developing the steps under Subsection (e)(5), the
  department shall consider:
               (1)  options to target or expand funding for juvenile
  probation departments to enhance community-based programs and
  maximize the use of existing juvenile justice beds;
               (2)  opportunities to use financial and other
  incentives to encourage diversion, facilitate cooperation within
  and across the regions established under Subsection (c), and
  emphasize the benefits of sharing available resources among
  counties;
               (3)  plans for creating additional capacity to minimize
  gaps in juvenile justice beds and services at the local level,
  including the expansion or development of beds and facilities
  designated specifically for regional use; and
               (4)  processes for downsizing, closing, or repurposing
  large state secure facilities to shift toward a more
  regionally-based juvenile justice system.
         SECTION 19.  Section 203.018(e), Human Resources Code, is
  amended to read as follows:
         (e)  The department or any local probation department may
  [not] use or contract with a facility that was constructed or
  previously used for the confinement of adult offenders if the
  facility is appropriately retrofitted to accommodate
  youth-specific requirements and needs.
         SECTION 20.  Chapter 203, Human Resources Code, is amended
  by adding Section 203.0185 to read as follows:
         Sec. 203.0185.  INFORMATION GATHERING. (a)  The department
  shall partner with one or more public or private institutions of
  higher education to inventory and map resources available for
  children in the juvenile justice system. To determine the types of
  information the department requires to timely identify and address
  resource, program, and service gaps in probation regions that
  result in commitments to department secure facilities, the
  department shall consult with:
               (1)  institutions of higher education;
               (2)  the advisory council on juvenile services; and
               (3)  other relevant stakeholders.
         (b)  The board shall adopt rules requiring juvenile
  probation departments, at useful and reasonable intervals, to
  report to the department relevant information on resource, program,
  and service gaps identified under Subsection (a), including
  information on:
               (1)  the needs of children committed to the department
  that are not being met with community resources; and
               (2)  the types of resources, programs, and services
  that, if available in the community, may allow juvenile probation
  departments to keep children closer to home as an alternative to
  commitment to the department.
         SECTION 21.  Section 221.002, Human Resources Code, is
  amended by adding Subsection (d-1) to read as follows:
         (d-1)  In adopting rules under Subsection (a)(4), the board
  shall authorize a juvenile probation department to house a child
  committed to the department in a pre-adjudication secure detention
  facility or a post-adjudication secure correctional facility as the
  child awaits transfer to the department.
         SECTION 22.  Section 222.001, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (b-1) to
  read as follows:
         (a)  To be eligible for appointment as a probation officer, a
  person who was not employed as a probation officer before September
  1, 1981, must:
               (1)  [be of good moral character;
               [(2)  have acquired a bachelor's degree conferred by a
  college or university accredited by an accrediting organization
  recognized by the Texas Higher Education Coordinating Board;
               [(3)  have either:
                     [(A)  one year of graduate study in criminology,
  corrections, counseling, law, social work, psychology, sociology,
  or other field of instruction approved by the department; or
                     [(B)  one year of experience in full-time case
  work, counseling, or community or group work:
                           [(i)  in a social service, community,
  corrections, or juvenile agency that deals with offenders or
  disadvantaged persons; and
                           [(ii)  that the department determines
  provides the kind of experience necessary to meet this requirement;
               [(4)]  have satisfactorily completed the course of
  preservice training or instruction and any continuing education
  required by the department;
               (2) [(5)]  have passed the tests or examinations
  required by the department; and
               (3) [(6)]  possess the level of certification required
  by the department.
         (b-1)  The department by rule shall establish, with input
  from the advisory council on juvenile services and other relevant
  stakeholders, the minimum education and experience requirements a
  person must meet to be eligible for a juvenile probation officer
  certification. Rules adopted by the department under this
  subsection:
               (1)  must be the least restrictive rules possible to
  ensure certified juvenile probation officers are qualified to
  protect children and public safety without creating barriers to
  entry into the profession; and
               (2)  may not require that a person have a degree higher
  than an associate degree from a college or university accredited by
  an accrediting organization recognized by the Texas Higher
  Education Coordinating Board to be eligible for certification.
         SECTION 23.  Section 222.002, Human Resources Code, is
  amended to read as follows:
         Sec. 222.002.  MINIMUM STANDARDS FOR DETENTION OFFICERS.  To
  be eligible for appointment as a detention officer, a person who was
  not employed as a detention officer before September 1, 2005, must:
               (1)  [be of good moral character;
               [(2)]  be at least 21 years of age;
               (2) [(3)]  have acquired a high school diploma or its
  equivalent;
               (3) [(4)]  have satisfactorily completed the course of
  preservice training or instruction  required by the department;
               (4) [(5)]  have passed the tests or examinations
  required by the department; and
               (5) [(6)]  possess the level of certification required
  by the department.
         SECTION 24.  Subchapter B, Chapter 222, Human Resources
  Code, is amended by adding Sections 222.0521 and 222.0522 to read as
  follows:
         Sec. 222.0521.  APPLICATION OF CERTAIN LAW. Chapter 53,
  Occupations Code, applies to the issuance of a certification issued
  by the department.
         Sec. 222.0522.  PROVISIONAL CERTIFICATION. (a)  The
  department may issue a provisional certification to an employee of
  a juvenile probation department or a private facility that houses
  youth on probation until the employee is certified under Section
  222.001, 222.002, or 222.003, as applicable.
         (b)  The department shall adopt rules to implement
  Subsection (a), including rules regarding eligibility for
  provisional certification and application procedures.
         SECTION 25.  Section 223.001, Human Resources Code, is
  amended by adding Subsections (a-1), (a-2), and (d-1) and amending
  Subsection (c) to read as follows:
         (a-1)  The department may incorporate as factors in the basic
  probation funding formula under Subsection (a) measures that create
  incentives for diverting children from the juvenile justice system.
  The department may prioritize factors for which the department
  currently collects relevant information.  The board may adopt rules
  establishing and defining the factors under this subsection.
         (a-2)  When revising the basic probation funding formula
  under Subsection (a), the department shall consult and coordinate
  with relevant stakeholders, including:
               (1)  the advisory council on juvenile services; and
               (2)  the Legislative Budget Board.
         (c)  The department shall set aside a portion of the funds
  appropriated to the department for discretionary state aid to fund
  programs designed to address special needs or projects of local
  juvenile boards, including projects dedicated to specific target
  populations based on risk and needs, and with established
  recidivism reduction goals.  The department shall develop
  discretionary grant funding protocols based on documented,
  data-driven, and research-based practices.  The department may
  incorporate incentives into the discretionary grant funding
  protocols that encourage collaboration between juvenile probation
  departments.
         (d-1)  The board, in consultation with the advisory council
  on juvenile services, shall adopt rules requiring a juvenile
  probation department to apply for the placement of a child in a
  regional specialized program before a juvenile court commits the
  child to the department's custody under Chapter 54, Family Code.
  The board by rule may establish exceptions to this requirement for
  offenses or circumstances the department considers inappropriate
  for diversion from commitment to state custody.
         SECTION 26.  Chapter 241, Human Resources Code, is amended
  by adding Section 241.009 to read as follows:
         Sec. 241.009.  COMMITMENT INFORMATION. (a)  Not later than
  October 1 of each year, the department shall publish on the
  department's Internet website aggregated information on the number
  of children committed to the department during the previous fiscal
  year, categorized by:
               (1)  committing offense level;
               (2)  sentence type;
               (3)  age; and
               (4)  sex.
         (b)  The department shall publish quarterly on the
  department's Internet website current information described by
  Subsection (a), aggregated for all children committed to the
  department and individually for each secure facility and halfway
  house.
         (c)  The department shall ensure that information regarding
  an individual child cannot be identified in any of the aggregated
  information published under this section.
         SECTION 27.  The heading to Section 242.002, Human Resources
  Code, is amended to read as follows:
         Sec. 242.002.  [EVALUATION OF] TREATMENT PROGRAMS;
  AVAILABILITY.
         SECTION 28.  Sections 242.002(c) and (d), Human Resources
  Code, are amended to read as follows:
         (c)  The department shall offer or make available programs
  for the rehabilitation and reestablishment in society of children
  committed to the department, including programs for females and for
  sex offenders, capital offenders, children who are chemically
  dependent, and children with mental illness, [described by
  Subsection (a)] in an adequate manner so that a child in the custody
  of the department receives appropriate rehabilitation services
  recommended for the child by the court committing the child to the
  department.
         (d)  If the department is unable to offer or make available
  programs described by [Subsection (a) in the manner provided by]
  Subsection (c), the department shall, not later than December 31 of
  each even-numbered year, provide the standing committees of the
  senate and house of representatives with primary jurisdiction over
  matters concerning correctional facilities with a report
  explaining:
               (1)  which programs are not offered or are unavailable;
  and
               (2)  the reason the programs are not offered or are
  unavailable.
         SECTION 29.  Section 242.056(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department shall allow advocacy and support groups
  whose primary functions are to benefit children, inmates, girls and
  women, persons with mental illness [the mentally ill], or victims
  of sexual assault to provide on-site information, support, and
  other services for children confined in department facilities.
         SECTION 30.  Section 242.102, Human Resources Code, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  The board by rule shall require any findings related
  to an administrative investigation under Subsection (a)(2) to be
  reviewed for legal sufficiency before being made public.
         SECTION 31.  Section 243.001, Human Resources Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The department shall place a child in the most
  restrictive setting appropriate as the child awaits an adjudication
  or prosecution for conduct constituting a felony of the first or
  second degree while in the department's custody. The board by rule
  shall establish placement procedures that guide the department in
  determining the most appropriate setting for the child based on
  rehabilitative needs while preserving due process rights.
         SECTION 32.  Sections 244.011(a), (b), and (g), Human
  Resources Code, are amended to read as follows:
         (a)  The department shall accept a child with mental illness
  or intellectual disabilities who is committed to the department
  [who is mentally ill or mentally retarded].
         (b)  Unless the [a] child is committed to the department
  under a determinate sentence under Section 54.04(d)(3), 54.04(m),
  or 54.05(f), Family Code, the department shall discharge a child
  with mental illness or intellectual disabilities [who is mentally
  ill or mentally retarded] from its custody if:
               (1)  the child has completed the minimum length of stay
  for the child's committing offense; and
               (2)  the department determines that the child is unable
  to progress in the department's rehabilitation programs because of
  the child's mental illness or intellectual disabilities [mental
  retardation].
         (g)  If a child with mental illness or intellectual
  disabilities [who is mentally ill or mentally retarded] is
  discharged from the department under Subsection (b), the child is
  eligible to receive continuity of care services from the Texas
  Correctional Office on Offenders with Medical or Mental Impairments
  under Chapter 614, Health and Safety Code.
         SECTION 33.  Section 244.012, Human Resources Code, is
  amended to read as follows:
         Sec. 244.012.  EXAMINATION BEFORE DISCHARGE.  (a)  The
  department shall establish a system that identifies children with
  mental illness or intellectual disabilities in the department's
  custody [who are mentally ill or mentally retarded].
         (b)  Before a child with mental illness [who is identified as
  mentally ill] is discharged from the department's custody under
  Section 244.011(b), a department psychiatrist shall examine the
  child.  The department shall refer a child requiring outpatient
  psychiatric treatment to the appropriate mental health authority.  
  For a child requiring inpatient psychiatric treatment, the
  department shall file a sworn application for court-ordered mental
  health services, as provided in Subchapter C, Chapter 574, Health
  and Safety Code, if:
               (1)  the child is not receiving court-ordered mental
  health services; and
               (2)  the psychiatrist who examined the child determines
  that the child is a child with mental illness [mentally ill] and the
  child meets at least one of the criteria listed in Section 574.034
  or 574.0345, Health and Safety Code.
         (c)  Before a child who is identified as having an
  intellectual disability [mentally retarded] under Chapter 593,
  Health and Safety Code, is discharged from the department's custody
  under Section 244.011(b), the department shall refer the child for
  intellectual disability [mental retardation] services if the child
  is not receiving intellectual disability [mental retardation]
  services.
         SECTION 34.  Section 244.014, Human Resources Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  After a child sentenced to commitment under Section
  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
  of age but before the child becomes 19 years of age, the department
  shall refer the child to the juvenile court that entered the order
  of commitment for approval of the child's transfer to the Texas
  Department of Criminal Justice for confinement if:
               (1)  the child has not completed the sentence;
               (2)  while the child was committed to the custody of the
  department, the child was subsequently adjudicated or convicted for
  conduct constituting a felony of the first or second degree or an
  offense punishable under Section 22.01(b)(1), Penal Code; and
               (3)  the child was at least 16 years of age at the time
  the conduct occurred.
         SECTION 35.  Sections 245.0535(h) and (i), Human Resources
  Code, are amended to read as follows:
         (h)  The department shall conduct and coordinate research:
               (1)  to determine whether the comprehensive reentry and
  reintegration plan developed under this section reduces recidivism
  rates; and
               (2)  to review the effectiveness of the department's
  programs for the rehabilitation and reestablishment in society of
  children committed to the department, including programs for
  females and for sex offenders, capital offenders, children who are
  chemically dependent, and children with mental illness.
         (i)  Not later than December 31 of each even-numbered year,
  the department shall deliver a report of the results of research
  conducted or coordinated under Subsection (h) to the lieutenant
  governor, the speaker of the house of representatives, the
  Legislative Budget Board, and the standing committees of each house
  of the legislature with primary jurisdiction over juvenile justice
  and corrections.
         SECTION 36.  Section 261.002, Human Resources Code, is
  amended to read as follows:
         Sec. 261.002.  ESTABLISHMENT; PURPOSE.  The office of
  independent ombudsman is a state agency established for the purpose
  of investigating, evaluating, and securing the rights of [the]
  children:
               (1)  committed to the department, including a child
  released under supervision before final discharge; and
               (2)  adjudicated for conduct that constitutes an
  offense and placed in a facility operated by or contracted with a
  juvenile probation department.
         SECTION 37.  Section 261.056(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department shall allow any child committed to the
  department or adjudicated for conduct that constitutes an offense
  and placed in a facility operated by or contracted with a juvenile
  probation department to communicate with the independent ombudsman
  or an assistant to the ombudsman.  The communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         SECTION 38.  Section 261.057, Human Resources Code, is
  amended to read as follows:
         Sec. 261.057.  PROMOTION OF AWARENESS OF OFFICE.  The
  independent ombudsman shall promote awareness among the public and
  the children committed to the department or adjudicated for conduct
  that constitutes an offense and placed in a facility operated by or
  contracted with a juvenile probation department of:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
         SECTION 39.  Section 261.061(c), Human Resources Code, is
  amended to read as follows:
         (c)  The office shall periodically notify the complaint
  parties of the status of the complaint until final disposition
  unless the notice would jeopardize an investigation.
         SECTION 40.  Section 261.101, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (g) to
  read as follows:
         (a)  The independent ombudsman shall:
               (1)  review the procedures established by the board and
  evaluate the delivery of services to children to ensure that the
  rights of children are fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of the department, juvenile
  probation departments, or other entities operating facilities in
  which children adjudicated for conduct that constitutes an offense
  are placed and investigate each complaint in which it appears that a
  child may be in need of assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a child committed to the department, a child
  adjudicated for conduct that constitutes an offense and placed in a
  facility operated by or contracted with a juvenile probation
  department, or the child's family may be in need of assistance from
  the office; or
                     (B)  a systemic issue raised in a complaint about 
  the [department's] provision of services to children by the
  department, juvenile probation departments, or other entities
  operating facilities in which children adjudicated for conduct that
  constitutes an offense are placed [is raised by a complaint];
               (4)  review or inspect periodically the facilities and
  procedures of any institution or residence in which a child
  adjudicated for conduct that constitutes an offense has been placed
  by the department or a juvenile probation department, whether
  public or private, to ensure that the rights of children are fully
  observed;
               (5)  provide assistance to a child or family who the
  independent ombudsman determines is in need of assistance,
  including advocating with an agency, provider, or other person in
  the best interests of the child;
               (6)  review court orders as necessary to fulfill its
  duties;
               (7)  recommend changes in any procedure relating to the
  treatment of children committed to the department or adjudicated
  for conduct that constitutes an offense and placed in a facility
  operated by or contracted with a juvenile probation department;
               (8)  make appropriate referrals under any of the duties
  and powers listed in this subsection;
               (9)  supervise assistants who are serving in internal
  administrative and disciplinary hearings positions as advocates in
  their representation of children committed to the department or
  adjudicated for conduct that constitutes an offense and placed in a
  facility operated by or contracted with a juvenile probation
  department [internal administrative and disciplinary hearings];
               (10)  review reports received by the department
  relating to complaints regarding juvenile probation programs,
  services, or facilities and analyze the data contained in the
  reports to identify trends in complaints;
               (11)  report a possible standards violation by a
  [local] juvenile probation department to the appropriate division
  of the department; and
               (12)  immediately report the findings of any
  investigation related to the operation of a post-adjudication
  correctional facility in a county to the chief juvenile probation
  officer and the juvenile board of the county.
         (g)  The department and juvenile probation departments shall
  notify the office regarding any private facility described by
  Subsection (f)(1) with which the department or the juvenile
  probation department contracts to place children adjudicated as
  having engaged in conduct indicating a need for supervision or
  delinquent conduct.  The report under this subsection must be made
  annually and updated at the time a new contract is entered into with
  a facility described by this subsection.  The office shall adopt
  rules to implement the reporting requirements under this
  subsection, including the specific times the report must be made.
         SECTION 41.  Section 261.102, Human Resources Code, is
  amended to read as follows:
         Sec. 261.102.  TREATMENT OF [DEPARTMENT] EMPLOYEES WHO
  COOPERATE WITH INDEPENDENT OMBUDSMAN.  The department, a juvenile
  probation department, or another entity operating a facility in
  which children adjudicated for conduct that constitutes an offense
  are placed 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 ombudsman or cooperates with the office
  in an investigation.
         SECTION 42.  Subchapter C, Chapter 261, Human Resources
  Code, is amended by adding Sections 261.105 and 261.106 to read as
  follows:
         Sec. 261.105.  RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)  
  The office shall develop a comprehensive set of risk factors to use
  in assessing the overall risk level of facilities and entities the
  office has the duty to inspect.  The risk factors may include:
               (1)  the entity type;
               (2)  past and repeat children's rights violations;
               (3)  the volume and types of complaints received by the
  office;
               (4)  recent changes in a facility or parole office
  leadership;
               (5)  high staff turnover;
               (6)  relevant investigations by the office;
               (7)  negative media attention; and
               (8)  the number of months since the date of the office's
  last inspection of the entity.
         (b)  The office shall use the risk factors developed under
  this section to guide the inspections process for all facilities
  and entities the office inspects by developing risk assessment
  tools with clear, objective standards to use in assessing the
  overall risk level of each facility or entity.
         (c)  The office may develop distinct assessment tools under
  Subsection (b) for different entity types, as appropriate.
         (d)  The office shall periodically review the assessment
  tools developed under this section to ensure that the tools remain
  up to date and meaningful, as determined by the office.
         Sec. 261.106.  RISK-BASED INSPECTIONS.  (a)  The office
  shall adopt a policy prioritizing the inspection of facilities
  conducted under Section 261.101(f) and of department parole offices
  based on the relative risk level of each entity.
         (b)  The policy under Subsection (a) must require the office
  to use the risk assessment tools established under Section 261.105
  to determine how frequently and intensively the office conducts
  risk-based inspections.
         (c)  The policy under Subsection (a) may provide for the
  office to use alternative inspection methods for entities
  determined to be low risk, including the following methods:
               (1)  desk audits of key documentation;
               (2)  abbreviated inspection procedures;
               (3)  videoconference technology; and
               (4)  other methods that are an alternative to
  conducting an in-person inspection.
         (d)  The office may request necessary information from
  facilities inspected by the office to assist the office in
  implementing a risk-based inspection schedule.
         SECTION 43.  Section 261.151(c), Human Resources Code, is
  amended to read as follows:
         (c)  A local law enforcement agency shall allow the
  independent ombudsman access to its records relating to any child
  in the care or custody of the department or any child adjudicated
  for conduct that constitutes an offense and placed in a private
  facility contracted with a juvenile probation department.
         SECTION 44.  Section 261.152, Human Resources Code, is
  amended to read as follows:
         Sec. 261.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.  
  The independent ombudsman shall have access to the records of a
  private entity that relate to a child committed to the department or
  a child adjudicated for conduct that constitutes an offense and
  placed in a private facility contracted with a juvenile probation
  department.
         SECTION 45.  Subchapter D, Chapter 261, Human Resources
  Code, is amended by adding Section 261.153 to read as follows:
         Sec. 261.153.  ACCESS TO INFORMATION OF JUVENILE PROBATION
  DEPARTMENTS. The independent ombudsman shall have access to the
  records of a juvenile probation department that relate to a child
  adjudicated for conduct that constitutes an offense and placed in a
  facility operated by or contracted with a juvenile probation
  department.
         SECTION 46.  The following provisions of the Human Resources
  Code are repealed:
               (1)  Sections 222.001(b), (c), and (f);
               (2)  Sections 242.002(a) and (b); and
               (3)  Section 246.002.
         SECTION 47.  (a)  Not later than January 1, 2024, the Texas
  Juvenile Justice Department shall repeal any rule requiring that an
  individual must be of good moral character to qualify for a
  department certification.
         (b)  Not later than December 1, 2024, the Texas Juvenile
  Justice Department shall submit the regionalization plan required
  by Section 203.017(a-1), Human Resources Code, as added by this
  Act.
         SECTION 48.  (a)  Notwithstanding Section 202.001(b), Human
  Resources Code, as amended by this Act, and except as otherwise
  provided by this subsection, the term for a member of the Texas
  Juvenile Justice Board serving on September 1, 2023, expires on
  that date.  A board member serving on that date may continue to
  serve as a member of the board until a majority of appointments to
  the board are made under Subsection (b) of this section.  A member
  of the board described by this subsection is eligible for
  reappointment under Subsection (b) of this section.
         (b)  In making the initial appointments to the board
  according to the changes in law made by this Act to Section 202.001,
  Human Resources Code, the governor shall designate:
               (1)  three members to serve terms expiring February 1,
  2025;
               (2)  three members to serve terms expiring February 1,
  2027; and
               (3)  three members to serve terms expiring February 1,
  2029.
         SECTION 49.  (a) Except as provided by Subsection (b) of
  this section, Section 202.006, Human Resources Code, as amended by
  this Act, applies to a member of the Texas Juvenile Justice Board
  appointed before, on, or after the effective date of this Act.
         (b)  A member of the Texas Juvenile Justice Board who before
  the effective date of this Act completed the training program
  required by Section 202.006, Human Resources Code, as that law
  existed before the effective date of this Act, is only required to
  complete additional training on the subjects added by this Act to
  the training program required by Section 202.006, Human Resources
  Code. A board member described by this subsection may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the board held on or after December 1, 2023, until the member
  completes the additional training.
         SECTION 50.  (a)  For purposes of Section 202.010, Human
  Resources Code, as amended by this Act, the Sunset Advisory
  Commission shall conduct a limited-scope review of the Texas
  Juvenile Justice Department for the 89th Legislature.
         (b)  In conducting the limited-scope review under this
  section, the Sunset Advisory Commission staff evaluation and report
  must:
               (1)  review the implementation of the Sunset Advisory
  Commission's recommendations adopted by the commission and
  statutory recommendations for the Texas Juvenile Justice
  Department made to the 88th Legislature;
               (2)  identify the barriers to implementing the
  recommendations under Subdivision (1) of this subsection;
               (3)  identify any changes needed to improve
  coordination between the Texas Juvenile Justice Department and the
  Texas Department of Criminal Justice, particularly for children
  transferred from the custody of the Texas Juvenile Justice
  Department to the custody of the Texas Department of Criminal
  Justice; and
               (4)  review the decision-making processes involving
  the Texas Juvenile Justice Board and executive director to evaluate
  any needed changes in board engagement, delegation of duties, staff
  discretion, and transparency.
         (c)  The Sunset Advisory Commission's recommendations to the
  89th Legislature may include any recommendation the commission
  considers appropriate based on the limited-scope review conducted
  under this section.
         SECTION 51.  The Texas Juvenile Justice Board shall
  establish a Youth Career and Technical Education Advisory
  Committee.  The advisory committee shall assist the Texas Juvenile
  Justice Department with overseeing and coordinating ongoing and
  future vocational training for youth in the custody of the
  department, including training provided by community colleges and
  other local entities with which the department may partner.
         SECTION 52.  The changes in law made by this Act to Articles
  42A.054 and 42A.056, Code of Criminal Procedure, and Sections
  53.045 and 54.02, Family Code, apply only to an offense committed or
  conduct that occurs on or after the effective date of this Act.  An
  offense committed or conduct that occurred before that date is
  governed by the law in effect on the date the offense was committed
  or the conduct occurred, and the former law is continued in effect
  for that purpose.  For purposes of this section, an offense was
  committed or conduct occurred before the effective date of this Act
  if any element of the offense or conduct occurred before that date.
         SECTION 53.  This Act takes effect September 1, 2023.