89R4609 CJD-D
 
  By: Bettencourt S.B. No. 1437
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain individuals for
  certification as certain juvenile officers or employees of a
  juvenile facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 222.054, Human Resources Code, is
  amended by adding Subsection (a-1) and amending Subsections (b),
  (c), and (d) to read as follows:
         (a-1)  This section applies to an individual, regardless of
  whether the individual holds a certification under this chapter,
  who is or was employed by, under contract with, or volunteering for:
               (1)  the department;
               (2)  a juvenile probation department; or 
               (3)  a juvenile facility registered with the
  department.
         (b)  Subject to Subsection (d), the [The] department may
  designate as permanently ineligible for certification under this
  chapter an individual to whom this section applies if:
               (1)  while employed by, under contract with, or
  volunteering for an entity described by Subsection (a-1), the
  individual engaged [who has been terminated from employment with
  the department for engaging] in conduct that:
                     (A)  violates this chapter or a department rule;
  or
                     (B)  demonstrates the individual is not suitable
  for certification under this chapter; or
               (2)  a panel under Subsection (c) determines the
  individual's certification would threaten juveniles in the
  juvenile justice system.
         (c)  The executive director may convene, in person or
  telephonically, a panel of three board members to determine if the
  [a former department employee's] continued eligibility of an
  individual to whom this section applies to obtain a certification
  under this chapter threatens juveniles in the juvenile justice
  system.  If the panel determines an individual's eligibility for
  certification threatens juveniles in the juvenile justice system,
  the department shall temporarily designate the individual as
  ineligible for certification until an administrative hearing is
  held under Subsection (d).  The hearing must be held as soon as
  possible following the temporary designation.  The executive
  director may convene a panel under this subsection only if the
  danger posed by the person's continued eligibility for
  certification is imminent.  The panel may hold a telephonic meeting
  only if immediate action is required and convening the panel at one
  location is inconvenient for any member of the panel.
         (d)  A person is entitled to a hearing before the State
  Office of Administrative Hearings if the department proposes to
  designate a person as permanently ineligible for certification as
  provided by Subsection (b).
         SECTION 2.  This Act takes effect September 1, 2025.