S.B.ANo.A103

AN ACT

1
2

relating

to

the

3

certain

4

Commission and certain other criminal justice agencies; providing

5

penalties.

offenses

Texas
and

Youth

Commission

delinquent

and

conduct

the

in

prosecution

the

Texas

6

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

7

SECTIONA1.AAArticle

8
9
10

2.12,

Code

of

Criminal

of

Youth

Procedure,

is

amended to read as follows:
Art.A2.12.AAWHO ARE PEACE OFFICERS.

The following are peace

officers:
(1)AAsheriffs,

11

their

deputies,

and

those

reserve

12

deputies who hold a permanent peace officer license issued under

13

Chapter 1701, Occupations Code;

14

(2)AAconstables, deputy constables, and those reserve

15

deputy constables who hold a permanent peace officer license issued

16

under Chapter 1701, Occupations Code;

17

(3)AAmarshals

or

police

officers

of

an

incorporated

18

city, town, or village, and those reserve municipal police officers

19

who hold a permanent peace officer license issued under Chapter

20

1701, Occupations Code;

21

(4)AArangers and officers commissioned by the Public

22

Safety Commission and the Director of the Department of Public

23

Safety;

24

(5)AAinvestigators of the district attorneys ’, criminal

1

S.B.ANo.A103
1

district attorneys ’, and county attorneys ’ offices;
(6)AAlaw

2
3

(7)AAeach

the

Texas

Alcoholic

of

an

arson

investigating

unit

commissioned

under

Section

37.081,

Education Code, or Subchapter E, Chapter 51, Education Code;
(9)AAofficers

commissioned

by

the

General

Services

Commission;
(10)AAlaw

10
11

member

(8)AAofficers

8
9

of

commissioned by a city, a county, or the state;

6
7

agents

Beverage Commission;

4
5

enforcement

enforcement

officers

commissioned

by

the

Parks and Wildlife Commission;

12

(11)AAairport police officers commissioned by a city

13

with a population of more than 1.18 million that operates an airport

14

that serves commercial air carriers;

15

(12)AAairport security personnel commissioned as peace

16

officers by the governing body of any political subdivision of this

17

state,

18

operates an airport that serves commercial air carriers;

19
20
21
22
23
24

other

than

a

city

(13)AAmunicipal

described

park

and

Subdivision

recreational

(11),

patrolmen

that

and

security officers;
(14)AAsecurity officers and investigators commissioned
as peace officers by the comptroller;
(15)AAofficers

commissioned

by

a

water

control

and

improvement district under Section 49.216, Water Code;

25

(16)AAofficers

26

under Chapter 54, Transportation Code;

27

by

commissioned

by

a

board

of

trustees

(17)AAinvestigators commissioned by the Texas Medical

2

S.B.ANo.A103
1

[State] Board [of Medical Examiners];

2

(18)AAofficers commissioned by the board of managers of

3

the Dallas County Hospital District, the Tarrant County Hospital

4

District,

5

281.057, Health and Safety Code;

or

Hospital

park

(20)AAinvestigators

District

rangers

(21)AAofficers

employed

commissioned

under

by

commissioned

the

under

Texas

Racing

Chapter

554,

(22)AAofficers commissioned by the governing body of a

13

metropolitan

14

Transportation

15

under Section 452.110, Transportation Code;

16

(23)AAinvestigators

rapid
Code,

transit
or

by

authority
a

regional

under

Section

transportation

commissioned

by

the

451.108,
authority

attorney

general under Section 402.009, Government Code;
(24)AAsecurity officers and investigators commissioned

18
19

Section

Occupations Code;

12

17

under

Commission;

10
11

County

Subchapter E, Chapter 351, Local Government Code;

8
9

Bexar

(19)AAcounty

6
7

the

as peace officers under Chapter 466, Government Code;

20

(25)AAan officer employed by the [Texas] Department of

21

State Health Services under Section 431.2471, Health and Safety

22

Code;

23
24
25
26
27

(26)AAofficers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27)AAofficers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28)AAan investigator commissioned by the commissioner

3

S.B.ANo.A103
1

of insurance under Section 701.104 [Article 1.10D], Insurance Code;

2

(29)AAapprehension specialists and inspectors general

3

commissioned

by

the

Texas

Youth

Commission

as

officers

under

4

Sections 61.0451 and [Section] 61.0931, Human Resources Code;

5

(30)AAofficers appointed by the executive director of

6

the Texas Department of Criminal Justice under Section 493.019,

7

Government Code;
(31)AAinvestigators commissioned by the Commission on

8
9
10

Law

Enforcement

Officer

Standards

and

Education

under

Section

1701.160, Occupations Code;
(32)AAcommission

11

[Commission

on]

investigators

12

Texas

13

1702.061(f), Occupations Code;

Private

Security

commissioned

by

Board

Section

under

the

14

(33)AAthe fire marshal and any officers, inspectors, or

15

investigators commissioned by an emergency services district under

16

Chapter 775, Health and Safety Code; and

17

(34)AAofficers

commissioned

by

the

State

Board

of

18

Dental Examiners under Section 254.013, Occupations Code, subject

19

to the limitations imposed by that section.

20
21

SECTIONA2.AASubsection (c), Article 61.06, Code of Criminal
Procedure, is amended to read as follows:

22

(c)AAIn determining whether information is required to be

23

removed from an intelligence database under Subsection (b), the

24

three-year period does not include any period during which the

25

individual who is the subject of the information is:

26
27

(1)AAconfined

in

the

institutional

division

or

state jail division of the Texas Department of Criminal Justice;

4

the

S.B.ANo.A103
(2)AAcommitted

1

to

a

secure

correctional

facility

2

operated by or under contract with the Texas Youth Commission, as

3

defined by Section 51.02, Family Code; or

4

(3)AAcommitted to a facility operated by a juvenile

5

board in lieu of being committed to a secure correctional facility

6

operated by or under contract with the Texas Youth Commission.
SECTIONA3.AASubsection

7
8

(a),

Article

104.003,

Code

of

Criminal Procedure, is amended to read as follows:

9

(a)AAIn a prosecution of a criminal offense or delinquent

10

conduct [felony] committed on property owned or operated by or

11

under contract with [while the actor was a prisoner in the custody

12

of] the Texas Department of Criminal Justice or the Texas Youth

13

Commission, or committed by or against a person in the custody of

14

the department or commission while the person is performing a duty

15

away

16

prosecution of an offense committed in the department by any person

17

under Chapter 21, Acts of 55th Legislature, Regular Session, 1957

18

(Article 6184m, Vernon ’s Texas Civil Statutes), or Chapter 481,

19

Health and Safety Code, or Sections 485.031 through 485.035, Health

20

and Safety Code], the state shall reimburse the county for expenses

21

incurred by the county, in an amount that the court determines to be

22

reasonable, for payment of:

23

from

department

or

(1)AAsalaries

commission

and

property

expenses

of

[Corrections

foreign

or

a

language

24

interpreters and interpreters for deaf persons whose services are

25

necessary to the prosecution;

26
27

(2)AAconsultation fees of experts whose assistance is
directly related to the prosecution;

5

S.B.ANo.A103
1

(3)AAtravel expenses for witnesses;

2

(4)AAexpenses for the food, lodging, and compensation

3

of jurors;

4

(5)AAcompensation of witnesses;

5

(6)AAthe cost of preparation of a statement of facts and

6

a transcript of the trial for purposes of appeal;
(7)AAif the death of a person is an element of the

7
8

offense, expenses of an inquest relating to the death;

9

(8)AAfood, lodging, and travel expenses incurred by the

10

prosecutor ’s staff during travel essential to the prosecution of

11

the offense;

12

(9)AAcourt reporter ’s fees; and

13

(10)AAthe cost of special security officers.
SECTIONA4.AASubsection (a), Section 37.203, Education Code,

14
15

is amended to read as follows:
(a)AAThe center is advised by a board of directors composed

16
17

of:
(1)AAthe attorney general, or the attorney general ’s

18
19

designee;

20

(2)AAthe commissioner, or the commissioner ’s designee;

21

(3)AAthe

22

of

the

Texas

Juvenile

(4)AAthe executive commissioner [director] of the Texas

24

Youth

25

designee;

27

director

Probation Commission, or the executive director ’s designee;

23

26

executive

Commission,

or

the

executive

commissioner ’s

[director ’s]

(5)AAthe commissioner of the Texas Department of Mental
Health and Mental Retardation, or the commissioner ’s designee; and

6

S.B.ANo.A103
(6)AAthe following members appointed by the governor

1
2

with the advice and consent of the senate:

3

(A)AAa juvenile court judge;

4

(B)AAa

5

member

of

a

school

district ’s

board

of

trustees;

6

(C)AAan administrator of a public primary school;

7

(D)AAan

8

(E)AAa

public

secondary

member

of

the

state

parent-teacher

(F)AAa teacher from a public primary or secondary
school;
(G)AAa

13
14

a

association;

11
12

of

school;

9
10

administrator

public

school

superintendent

who

is

a

member of the Texas Association of School Administrators;

15

(H)AAa school district police officer or a peace

16

officer whose primary duty consists of working in a public school;

17

and
(I)AAtwo members of the public.

18
19

SECTIONA5.AASection 51.12, Family Code, is amended by adding

20

Subsections (b-1), (c-1), and (m) and amending Subsections (c) and

21

(i) to read as follows:

22
23
24
25
26
27

(b-1)AAA pre-adjudication secure detention facility may be
operated only by:
(1)AAa governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2)AAa

private

entity

governmental unit in this state.

7

under

a

contract

with

a

S.B.ANo.A103
1

(c)AAIn each county, each judge of the juvenile court and a

2

majority of the members of the juvenile board shall personally

3

inspect

4

secure detention facilities [and any public or private juvenile

5

secure

6

confinement] that are located in the county [and operated under

7

authority

8

certify in writing to the authorities responsible for operating and

9

giving

all

public

or

correctional

of

the

financial

private

[the]

facilities

juvenile

support

used

board]

to

the

at

for

least

post-adjudication

annually

facilities

and

and

to

the

shall

Texas

Juvenile

Probation

11

suitable

or

12

determining whether a facility is suitable or unsuitable for the

13

detention of children, the juvenile court judges and juvenile board

14

members shall consider:

16

noncompliance

17

Probation

18

Subsection

19

actions;

22
23

for

the

the

facilities

detention

of

[they]

children.

are
In

(1)AAcurrent monitoring and inspection reports and any

15

21

unsuitable

that

pre-adjudication

10

20

Commission

juvenile

citation

Commission,
(c-1),

and

(2)AAcurrent

reports

issued

including
the

status

the
of

governmental

by

the

report
any

Texas

provided

required

inspector

Juvenile
under

corrective

certification

regarding the facility ’s compliance with local fire codes;
(3)AAcurrent

building

inspector

certification

regarding the facility ’s compliance with local building codes;

24

(4)AAfor the 12-month period preceding the inspection,

25

the total number of allegations of abuse, neglect, or exploitation

26

reported by the facility and a summary of the findings of any

27

investigations of abuse, neglect, or exploitation conducted by the

8

S.B.ANo.A103
1

facility, a local law enforcement agency, and the Texas Juvenile

2

Probation Commission;
(5)AAthe

3
4

of

health

and

mental

health

services provided to facility residents;
(6)AAthe availability of educational services provided

5
6

availability

to facility residents; and

7

(7)AAthe overall physical appearance of the facility,

8

including the facility ’s security, maintenance, cleanliness, and

9

environment.
(c-1)AAThe

10

Texas

Juvenile

Probation

Commission

shall

11

annually inspect each public or private juvenile pre-adjudication

12

secure detention facility.

13

shall provide a report to each juvenile court judge presiding in the

14

same

15

facility is suitable or unsuitable for the detention of children in

16

accordance with:

county

an

inspected

facility

indicating

whether

the

(1)AAthe requirements of Subsections (a), (f), and (g);

17
18

as

The Texas Juvenile Probation Commission

and
(2)AAminimum professional standards for the detention

19
20

of

children

21

confinement promulgated by the Texas Juvenile Probation Commission

22

or, at the election of the juvenile board of the county in which the

23

facility

24

American Correctional Association.

is

in

pre-adjudication

located,

the

current

[or

post-adjudication]

standards

promulgated

secure

by

the

25

(i)AAExcept for [a facility operated or certified by the

26

Texas Youth Commission or] a facility as provided by Subsection

27

(l),

a

governmental

unit

or

private

9

entity

that

operates

or

S.B.ANo.A103
1

contracts for the operation of a juvenile pre-adjudication secure

2

detention

3

post-adjudication

4

shall:

9

secure

Subsection

(b-1)

[or

correctional

facility]

the

annually

facility

a

in

with

juvenile

this

state

the

Texas

Juvenile Probation Commission; and
(2)AAadhere to all applicable minimum standards for the

7
8

under

(1)AAregister

5
6

facility

facility.
(m)AAThe

Texas

Juvenile

Probation

Commission

may

deny,

10

suspend, or revoke the registration of any facility required to

11

register under Subsection (i) if the facility fails to:

12
13
14
15
16
17
18

(1)AAadhere to all applicable minimum standards for the
facility; or
(2)AAtimely correct any notice of noncompliance with
minimum standards.
SECTIONA6.AAChapter 51, Family Code, is amended by adding
Section 51.125 to read as follows:
Sec.A51.125.AAPOST-ADJUDICATION

CORRECTIONAL

FACILITIES.

19

(a)AAA post-adjudication secure correctional facility for juvenile

20

offenders may be operated only by:

21
22
23
24

(1)AAa governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2)AAa

private

entity

under

a

contract

with

a

governmental unit in this state.

25

(b)AAIn each county, each judge of the juvenile court and a

26

majority of the members of the juvenile board shall personally

27

inspect all public or private juvenile post-adjudication secure

10

S.B.ANo.A103
1

correctional facilities that are not operated by the Texas Youth

2

Commission and that are located in the county at least annually and

3

shall

4

operating and giving financial support to the facilities and to the

5

Texas Juvenile Probation Commission that the facility or facilities

6

are suitable or unsuitable for the confinement of children.

7

determining whether a facility is suitable or unsuitable for the

8

confinement of children, the juvenile court judges and juvenile

9

board members shall consider:

certify

in

writing

to

the

authorities

responsible

for

In

(1)AAcurrent monitoring and inspection reports and any

10
11

noncompliance

12

Probation

13

Subsection (c), and the status of any required corrective actions;

14

and

Commission,

(2)AAthe

15
16

citation

reports

issued

including

other

the

factors

by

the

report

described

Texas

Juvenile

provided

under

under

Sections

51.12(c)(2)-(7).

17

(c)AAThe Texas Juvenile Probation Commission shall annually

18

inspect each public or private juvenile post-adjudication secure

19

correctional

20

Commission.

21

a report to each juvenile court judge presiding in the same county

22

as

23

suitable

24

accordance with minimum professional standards for the confinement

25

of children in post-adjudication secure confinement promulgated by

26

the Texas Juvenile Probation Commission or, at the election of the

27

juvenile board of the county in which the facility is located, the

an

facility

is

not

operated

by

the

Texas

Youth

The Texas Juvenile Probation Commission shall provide

inspected
or

that

facility

unsuitable

indicating

for

the

11

whether

confinement

the

facility

is

of

children

in

S.B.ANo.A103
1

current

standards

2

Association.

promulgated

by

the

American

Correctional

3

(d)AAA governmental unit or private entity that operates or

4

contracts for the operation of a juvenile post-adjudication secure

5

correctional facility in this state under Subsection (a), except

6

for a facility operated by or under contract with the Texas Youth

7

Commission, shall:
(1)AAregister

8
9

12

facility

annually

with

the

Texas

Juvenile Probation Commission; and
(2)AAadhere to all applicable minimum standards for the

10
11

the

facility.
(e)AAThe

Texas

Juvenile

Probation

Commission

may

deny,

13

suspend, or revoke the registration of any facility required to

14

register under Subsection (d) if the facility fails to:

15
16
17
18
19
20

(1)AAadhere to all applicable minimum standards for the
facility; or
(2)AAtimely correct any notice of noncompliance with
minimum standards.
SECTIONA7.AASubsections (d) and (u), Section 54.04, Family
Code, are amended to read as follows:

21

(d)AAIf the court or jury makes the finding specified in

22

Subsection (c) allowing the court to make a disposition in the case:

23

(1)AAthe court or jury may, in addition to any order

24

required or authorized under Section 54.041 or 54.042, place the

25

child on probation on such reasonable and lawful terms as the court

26

may determine:

27

(A)AAin the child ’s own home or in the custody of a

12

S.B.ANo.A103
1

relative or other fit person; or
(B)AAsubject to the finding under Subsection (c)

2
3

on the placement of the child outside the child ’s home, in:

4

(i)AAa suitable foster home; or

5

(ii)AAa

6

suitable

public

or

private

institution or agency, except the Texas Youth Commission;

7

(2)AAif the court or jury found at the conclusion of the

8

adjudication hearing that the child engaged in delinquent conduct

9

that violates a penal law of this state or the United States of the

10

grade of felony [or, if the requirements of Subsection (s) or (t)

11

are met, of the grade of misdemeanor,] and if the petition was not

12

approved by the grand jury under Section 53.045, the court may

13

commit

14

determinate sentence;

the

child

to

the

Texas

Youth

Commission

without

a

15

(3)AAif the court or jury found at the conclusion of the

16

adjudication hearing that the child engaged in delinquent conduct

17

that included a violation of a penal law listed in Section 53.045(a)

18

and if the petition was approved by the grand jury under Section

19

53.045, the court or jury may sentence the child to commitment in

20

the

21

[institutional division or the pardons and paroles division of the]

22

Texas Department of Criminal Justice for a term of:

Texas

Youth

23
24

Commission

(A)AAnot

with

more

a

than

possible

40

years

transfer

if

the

to

the

conduct

constitutes:

25

(i)AAa capital felony;

26

(ii)AAa felony of the first degree; or

27

(iii)AAan

aggravated

13

controlled

substance

S.B.ANo.A103
1

felony;
(B)AAnot

2
3

than

(C)AAnot

more

than

(4)AAthe
level

court

and

may

10

assign

7

sanction

8

guidelines in Section 59.003; or
(5)AAif

9

11

years

if

the

conduct

years

if

the

conduct

constitutes a felony of the third degree;

6

10

20

constitutes a felony of the second degree; or

4
5

more

sanctions

as

applicable,

the

child

provided

the

court

by

or

an

appropriate

the

jury

assignment

may

make

a

disposition under Subsection (m).
(u)AAFor

the

purposes

of

disposition

under

Subsection

12

(d)(2), delinquent conduct that violates a penal law of this state

13

of the grade of felony [or misdemeanor] does not include conduct

14

that violates a lawful order of a county, municipal, justice, or

15

juvenile court under circumstances that would constitute contempt

16

of that court.

17
18
19
20
21

SECTIONA8.AAChapter 54, Family Code, is amended by adding
Section 54.0401 to read as follows:
Sec.A54.0401.AACOMMUNITY-BASED PROGRAMS.

(a)AAThis section

applies only to a county that has a population of at least 335,000.
(b)AAA

juvenile

court

of

a

county

to

which

this

section

22

applies

23

delinquent

24

misdemeanor and for whom the requirements of Subsection (c) are met

25

to participate in a community-based program administered by the

26

county ’s juvenile board.

27

may

require

conduct

(c)AAA

a

child

that

juvenile

who

violates

court

of

a

14

is
a

found
penal

county

to
law

to

have
of

which

engaged

the

grade

this

in
of

section

S.B.ANo.A103
1

applies may make a disposition under Subsection (b) for delinquent

2

conduct that violates a penal law of the grade of misdemeanor:
(1)AAif:

3

(A)AAthe

4

child

has

been

adjudicated

as

having

5

engaged in delinquent conduct violating a penal law of the grade of

6

misdemeanor on at least two previous occasions;

7

(B)AAof the previous adjudications, the conduct

8

that was the basis for one of the adjudications occurred after the

9

date of another previous adjudication; and
(C)AAthe conduct that is the basis of the current

10
11

adjudication

occurred

12

adjudications; or

after

the

date

of

at

least

two

previous

(2)AAif:

13

(A)AAthe

14

child

has

been

adjudicated

as

having

15

engaged in delinquent conduct violating a penal law of the grade of

16

felony on at least one previous occasion; and

17

(B)AAthe conduct that is the basis of the current

18

adjudication occurred after the date of that previous adjudication.

19

(d)AAThe Texas Juvenile Probation Commission shall establish

20

guidelines

21

described by this section.

22

which

23

program that complies with those guidelines.

24

this

for

the

implementation

section

applies

of

community-based

programs

The juvenile board of each county to
shall

implement

a

community-based

(e)AAThe Texas Juvenile Probation Commission shall provide

25

grants

26

implementation of a system of community-based programs under this

27

section.

to

selected

juvenile

15

boards

to

assist

with

the

S.B.ANo.A103
(f)AANot

1

later

than

January

1,

2009,

the

Texas

Juvenile

2

Probation Commission shall prepare and deliver to the governor, the

3

lieutenant governor, and each member of the legislature a report

4

describing

5

community-based

6

must include information relating to the cost of requiring a child

7

to

8

expires February 1, 2009.

participate

implementation

and

effectiveness

programs described by this section.

in

a

community-based

program.

This

of

the

The report

subsection

SECTIONA9.AASubsection (f), Section 54.05, Family Code, is

9
10

the

amended to read as follows:
(f)AAExcept

11

as

provided

by

Subsection

(j),

a

disposition

12

based on a finding that the child engaged in delinquent conduct that

13

violates a penal law of this state or the United States of the grade

14

of felony [or, if the requirements of Subsection (k) are met, of the

15

grade of misdemeanor,] may be modified so as to commit the child to

16

the Texas Youth Commission if the court after a hearing to modify

17

disposition finds by a preponderance of the evidence that the child

18

violated a reasonable and lawful order of the court.

19

based on a finding that the child engaged in habitual felony conduct

20

as

21

included a violation of a penal law listed in Section 53.045(a) may

22

be modified to commit the child to the Texas Youth Commission with a

23

possible transfer to the [institutional division or the pardons and

24

paroles division of the] Texas Department of Criminal Justice for a

25

definite term prescribed by Section 54.04(d)(3) if the original

26

petition was approved by the grand jury under Section 53.045 and if

27

after a hearing to modify the disposition the court finds that the

described

by

Section

51.031

16

or

in

delinquent

A disposition

conduct

that

S.B.ANo.A103
1
2
3
4

child violated a reasonable and lawful order of the court.
SECTIONA10.AAChapter 54, Family Code, is amended by adding
Section 54.052 to read as follows:
Sec.A54.052.AACREDIT FOR TIME SPENT IN DETENTION FACILITY

5

FOR CHILD WITH DETERMINATE SENTENCE.

(a)AAThis section applies

6

only to a child who is committed to the Texas Youth Commission under

7

a determinate sentence under Section 54.04(d)(3) or (m) or Section

8

54.05(f).

9

(b)AAThe judge of the court in which a child is adjudicated

10

shall give the child credit on the child ’s sentence for the time

11

spent by the child, in connection with the conduct for which the

12

child was adjudicated, in a secure detention facility before the

13

child ’s transfer to a Texas Youth Commission facility.

14

(c)AAIf

a

child

appeals

the

child ’s

adjudication

and

is

15

retained in a secure detention facility pending the appeal, the

16

judge of the court in which the child was adjudicated shall give the

17

child credit on the child ’s sentence for the time spent by the child

18

in a secure detention facility pending disposition of the child ’s

19

appeal.

20

mandate from the appellate court all credit given the child under

21

this subsection.

The court shall endorse on both the commitment and the

22

(d)AAThe Texas Youth Commission shall grant any credit under

23

this section in computing the child ’s eligibility for parole and

24

discharge.

25
26
27

SECTIONA11.AASubsection (a), Section 58.106, Family Code, is
amended to read as follows:
(a)AAExcept

as

otherwise

17

provided

by

this

section,

S.B.ANo.A103
1

information contained in the juvenile justice information system is

2

confidential information for the use of the department and may not

3

be disseminated by the department except:
(1)AAwith the permission of the juvenile offender, to

4
5

military personnel of this state or the United States;
(2)AAto a person or entity to which the department may

6
7

grant

access

to

adult

criminal

history

8

Section 411.083, Government Code;

(4)AAto

10

Criminal

12

Commission for analytical purposes; and

16
17

Commission[,]

Justice

Texas

15

Youth

[the

11

14

as

provided

by

(3)AAto a juvenile justice agency; [and]

9

13

records

(5)AAto

the

and

office

of

the

Policy

Texas

Council,]

Juvenile

independent

the

Probation

ombudsman

of

the

Texas Youth Commission.
SECTIONA12.AASection

261.201,

Family

Code,

is

amended

by

adding Subsections (i) and (j) to read as follows:
(i)AANotwithstanding

Subsection

(a),

the

Texas

Youth

18

Commission shall release a report of alleged or suspected abuse or

19

neglect made under this chapter if:

20

(1)AAthe report relates to a report of abuse or neglect

21

involving a child committed to the commission during the period

22

that the child is committed to the commission; and

23
24
25
26
27

(2)AAthe commission is not prohibited by Chapter 552,
Government Code, or other law from disclosing the report.
(j)AAThe

Texas

Youth

Commission

shall

edit

any

report

disclosed under Subsection (i) to protect the identity of:
(1)AAa child who is the subject of the report of alleged

18

S.B.ANo.A103
1

or suspected abuse or neglect;

2

(2)AAthe person who made the report; and

3

(3)AAany

4
5
6

other

person

whose

life

or

safety

may

be

endangered by the disclosure.
SECTIONA13.AASection 41.102, Government Code, is amended by
adding Subsection (c) to read as follows:

7

(c)AAThe attorney general may offer to assist a prosecuting

8

attorney in the prosecution of criminal offenses concerning the

9

Texas Youth Commission.

10
11

SECTIONA14.AAChapter

Code,

is

amended

Sec.A41.301.AADEFINITIONS.

In this subchapter:

(1)AA"Board of directors" means the board of directors
of the unit.

16

(2)AA"Commission" means the Texas Youth Commission.

17

(3)AA"Department"

18

means

the

Texas

Department

of

Criminal Justice.
(4)AA"Executive

19
20

by

SUBCHAPTERAE.AASPECIAL PROSECUTION UNIT

14
15

Government

adding Subchapter E to read as follows:

12
13

41,

board"

means

the

executive

board

governing the board of directors of the unit.

21

(5)AA"Prosecuting attorney" means a district attorney,

22

a criminal district attorney, or a county attorney representing the

23

state in criminal matters before the district or inferior courts of

24

the county.

25

(6)AA"Unit" means the special prosecution unit.

26

Sec.A41.302.AAGENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.

27

The special prosecution unit is an independent unit that cooperates

19

S.B.ANo.A103
1

with and supports prosecuting attorneys in prosecuting offenses and

2

delinquent

3

Criminal Procedure.

4

conduct

described

by

Article

Sec.A41.303.AABOARD OF DIRECTORS.

104.003(a),

Code

of

(a)AAThe unit is governed

5

by a board of directors composed of each prosecuting attorney who

6

represents the state in criminal matters before a court in a county

7

in which one or more facilities owned or operated by or under

8

contract with the department or the commission are located.

9

(b)AAA

prosecuting

attorney

described

by

Subsection

(a)

10

shall serve on the board of directors in addition to the other

11

duties of the prosecuting attorney assigned by law.

12

Sec.A41.304.AAEXECUTIVE BOARD.

(a)AAThe board of directors

13

is governed by an executive board composed of 11 members elected by

14

the membership of the board of directors on a majority vote from

15

among that membership, as follows:

16

(1)AAone member of the executive board who represents

17

the state in criminal matters before a court in a county in which

18

one or more facilities owned or operated by or under contract with

19

the commission are located shall be elected on a majority vote of

20

the members of the board of directors to serve a term expiring in an

21

even-numbered year;

22

(2)AAan additional four members of the executive board

23

shall be elected on a majority vote of the members of the board of

24

directors to serve terms expiring in even-numbered years;

25

(3)AAone member of the executive board who represents

26

the state in criminal matters before a court in a county in which

27

one or more facilities owned or operated by or under contract with

20

S.B.ANo.A103
1

the commission are located shall be elected on a majority vote of

2

the members of the board of directors to serve a term expiring in an

3

odd-numbered year; and

4

(4)AAan additional five members of the executive board

5

shall be elected on a majority vote of the members of the board of

6

directors to serve terms expiring in odd-numbered years.
(b)AAIf a vacancy on the executive board occurs, the board of

7
8

directors

shall

elect

a

person

to

serve

the

remainder

of

9

vacating member ’s term in the manner provided by Subsection (a).

the
To

10

be eligible for election under this subsection, a person must meet

11

any qualifications required of the vacating member for service on

12

the executive board.
Sec.A41.305.AAOFFICERS.

13
14

directors,

on

a

15

membership

of

the

16

assistant presiding officer.

17

presiding

18

board, and the assistant presiding officer serves as the assistant

19

presiding

20

board.

21
22

officer

officer

(b)AAThe

majority

(a)AAThe members of the board of

vote,

executive

of

of

the

the

presiding

board

shall
a

elect

presiding

from

among

officer

and

the
an

The presiding officer serves as the

board

board

of

of

officer

directors

directors

and

the

and

and

the

executive

the

executive

assistant

presiding

serves

presiding

officer serve terms of one year.

23

(c)AAThe

assistant

presiding

officer

as

24

officer of the board of directors and the executive board in the

25

presiding officer ’s absence or if a vacancy occurs in that office

26

until a new presiding officer is elected as provided by Subsection

27

(d).

21

S.B.ANo.A103
1

(d)AAIf a vacancy occurs in the office of presiding officer

2

or assistant presiding officer, the board of directors shall elect

3

a person to serve the remainder of the vacating officer ’s term in

4

the manner provided by Subsection (a).
Sec.A41.306.AAMEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE

5
6

BOARD NOT A CIVIL OFFICE OF EMOLUMENT.

7

directors or the executive board may not be construed to be a civil

8

office

9

described in Section 40, Article XVI, Texas Constitution.

of

emolument

for

any

purpose,

A position on the board of

including

those

Sec.A41.307.AAREIMBURSEMENT FOR EXPENSES.

10
board

12

compensation for service on the board of directors or executive

13

board,

14

necessary

15

responsibilities of a member of the board of directors and the

16

executive

17

Appropriations Act.

if

directors

or

applicable,
expenses

board,

executive

but

incurred

if

is

board

entitled

in

applicable,

is

A member of the

11

18

of

purposes

to

carrying

as

not

be

out

provided

entitled

reimbursed
the

by

duties

the

to

for
and

General

Sec.A41.308.AACHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL

19

EMPLOYEES.

The board of directors, on a majority vote, shall employ

20

a person to serve as chief of the unit and additional persons to

21

accomplish

22

determine the compensation of the unit ’s employees.

the

unit ’s

purposes.

The

board

of

23

Sec.A41.309.AAELECTION OF COUNSELLOR.

24

board, on a majority vote, shall elect a counsellor.

25
26
27

directors

may

(a)AAThe executive

(b)AATo be eligible to serve as a counsellor, a person must:
(1)AAbe certified in criminal law by the Texas Board of
Legal Specialization;

22

S.B.ANo.A103
(2)AAhave at least five years of experience as a lawyer

1
2

assisting

prosecuting

3

delinquent conduct committed on state property used for the custody

4

of persons charged with or convicted of offenses or used for the

5

custody of children charged with or adjudicated as having engaged

6

in delinquent conduct or conduct indicating a need for supervision;

7

or
(3)AAhave

8
9
10
11
12

attorneys

served

for

in

at

prosecuting

least

five

offenses

years

as

or

a

prosecuting attorney or as a judge of a district court, a court of
appeals, or the court of criminal appeals.
Sec.A41.310.AADUTIES

OF

COUNSELLOR.

(a)AAThe

counsellor

elected in accordance with Section 41.309:

13

(1)AAshall coordinate prosecution issues in and monitor

14

each case involving an offense or delinquent conduct described by

15

Article 104.003(a), Code of Criminal Procedure, that concerns the

16

commission;

17

(2)AAshall work with criminal justice analysts employed

18

by the Legislative Budget Board and other persons who monitor cases

19

involving

20

104.003(a), Code of Criminal Procedure; and

21

offenses

(3)AAmay

or

delinquent

conduct

an

conduct

described

investigation

of

by

Article

any

alleged

22

illegal or improper conduct by commission officers, employees, or

23

contractors that the counsellor reasonably believes:

24
25
26
27

(A)AAjeopardizes the health, safety, and welfare
of children in the custody of the commission; and
(B)AAcould

constitute

an

offense

Article 104.003(a), Code of Criminal Procedure.

23

described

by

S.B.ANo.A103
1

(b)AAIn addition to the duties prescribed by Subsection (a),

2

the counsellor shall on a quarterly basis provide the board of

3

directors and the standing committees of the senate and house of

4

representatives with primary jurisdiction over matters concerning

5

correctional

6

delinquent conduct prosecuted by the unit on receiving a request

7

for assistance under Section 61.098, Human Resources Code, or a

8

request for assistance otherwise from a prosecuting attorney.

9

report under this subsection is public information under Chapter

10

552, Government Code, and the board of directors shall request that

11

the commission publish the report on the commission ’s Internet

12

website.

13

individual facility and include information relating to:

facilities

with

a

report

concerning

offenses

A

A report must be both aggregated and disaggregated by

(1)AAthe

14

Section

number

61.098,

of

Human

requests
Resources

for

assistance

15

under

16

assistance otherwise received from prosecuting attorneys;

Code,

and

received

requests

for

(2)AAthe number of cases investigated and the number of

17
18

or

cases prosecuted;

19

(3)AAthe types and outcomes of cases prosecuted, such

20

as whether the case concerned narcotics or an alleged incident of

21

sexual abuse; and

22
23

(4)AAthe relationship of a victim to a perpetrator, if
applicable.

24

(c)AAThe

counsellor,

in

consultation

with

the

board

of

25

directors, shall notify the foreman of the appropriate grand jury,

26

in

27

Procedure, if:

the

manner

provided

by

Article

24

20.09,

Code

of

Criminal

S.B.ANo.A103
(1)AAthe

1

counsellor

receives

credible

evidence

of

2

illegal or improper conduct by commission officers, employees, or

3

contractors that the counsellor reasonably believes jeopardizes

4

the health, safety, and welfare of children in the custody of the

5

commission;
(2)AAthe counsellor reasonably believes the conduct:

6

(A)AAcould

7
8

constitute

an

offense

by

Article 104.003(a), Code of Criminal Procedure; and
(B)AAinvolves the alleged physical or sexual abuse

9
10

of

11

investigation related to the alleged abuse; and

a

child

in

the

(3)AAthe

12

custody

of

a

counsellor

concerning

the

commission

has

reason

13

information

14

presented to the appropriate grand jury.
SECTIONA15.AAChapter

15
16

described

conduct

325,

has

to

not

Government

facility

or

an

believe

that

previously

been

Code,

is

amended

by

adding Sections 325.0121 and 325.0122 to read as follows:
Sec.A325.0121.AASTUDY

17

CORRECTIONS.

ON

19

corrections for the 81st Legislature, the commission shall study

20

the

21

regionalized structure of smaller facilities and more diversified

22

treatment

23

likely effects of this regionalized structure on:

and

moving

placement

the

Texas

options,

of

its

Youth

taking

review

REGIONALIZED

JUVENILE

of

part

TOWARD

18

merits

(a)AAAs

TRANSITION

of

Commission

into

juvenile

toward

consideration

a

the

24

(1)AArecidivism;

25

(2)AAjuvenile and family access to services; and

26

(3)AAcosts to this state and the counties of this state.

27

(b)AAIn conducting the study, the commission shall determine

25

S.B.ANo.A103
1

whether the existing Texas Youth Commission facilities meet their

2

intended purposes.

3

(c)AAThe

commission

shall

take

into

consideration

the

4

findings and conclusions of the study in its report to the 81st

5

Legislature

6

appropriate resulting from its consideration of the study.

7

and

shall

include

any

recommendations

it

considers

(d)AAThe commission, in conducting the study, may seek the

8

assistance

9

juvenile justice.

of

nationally

recognized

experts

in

10

(e)AAThis section expires September 1, 2009.

11

Sec.A325.0122.AASTUDY

12

COMMISSION.

13

executive

14

compared to a citizen board.

(a)AAThe

commissioner

ON

field

of

GOVERNANCE

OF

TEXAS

YOUTH

shall

the

merits

of

an

Commission

as

commission
governing

the

the

study

Texas

Youth

15

(b)AAThe commission shall make recommendations concerning

16

the governance of the Texas Youth Commission in its report to the

17

legislature under Section 325.012 as part of its review of the Texas

18

Youth

19

Resources Code, is abolished September 1, 2009, unless continued in

20

existence as provided by this chapter.

Commission,

which,

as

provided

by

Section

21

(c)AAThis section expires September 1, 2009.

22

SECTIONA16.AASubsection

23

(a),

Section

61.020,

411.1141,

Human

Government

Code, is amended to read as follows:

24

(a)AAThe Texas Youth Commission is entitled to obtain from

25

the department criminal history record information maintained by

26

the

27

61.0357(b), Human Resources Code [who is:

department

that

relates

to

26

a

person

described

by

Section

S.B.ANo.A103
[(1)AAan applicant for a position with the Texas Youth

1
2

Commission;
[(2)AAa

3
4

volunteer

or

an

intern,

or

an

applicant

volunteer or intern, with the Texas Youth Commission;

5

[(3)AAa business entity or person who contracts with

6

the Texas Youth Commission to provide direct delivery services to

7

youth;

8

[(4)AAan employee of, or an applicant for employment

9

with, a business entity or person who contracts with the Texas Youth

10

Commission to provide direct delivery of services to youth; or
[(5)AAa

11

volunteer

or

an

intern,

or

an

applicant

12

volunteer or intern, with a business entity or person who contracts

13

with

14

services to youth].

Texas

Commission

493,

to

provide

Government

direct

Code,

delivery

of

amended

by

is

adding Section 493.026 to read as follows:
Sec.A493.026.AAINSPECTOR

17
18

OFFENSES.

19

the

20

Chapter 41.

21

Youth

SECTIONA17.AAChapter

15
16

the

GENERAL

REPORT

ON

CRIMINAL

(a)AAIn this section, "special prosecution unit" means

special

prosecution

(b)AAThe

inspector

unit

established

general

of

the

under

Subchapter

department

shall

on

E,

a

22

quarterly basis prepare and deliver to the board of directors of the

23

special prosecution unit a report concerning any alleged criminal

24

offense

25

104.003(a), Code of Criminal Procedure, that occurred during the

26

preceding calendar quarter.

27

concerning

the

department

SECTIONA18.AASubsection

(b),

27

and

described

Section

497.052,

by

Article

Government

S.B.ANo.A103
1

Code, is amended to read as follows:
(b)AAThe

2
3

(1)AAa

serve as

ex

officio

of

the

house

of

representatives

member

of

the

senate

designated

by

the

lieutenant governor;
(3)AAthe executive director of the Texas Department of
Criminal Justice or the designee of the executive director;
(4)AAthe

10
11

member

(2)AAa

8
9

shall

designated by the speaker of the house;

6
7

individuals

members of the authority:

4
5

following

executive

director

of

the

Texas

Workforce

Commission or the designee of the executive director; and

12

(5)AAthe executive commissioner [director] of the Texas

13

Youth Commission or the designee of the executive commissioner

14

[director].
SECTIONA19.AASubsection

15
16

(a),

Section

508.156,

Government

Code, is amended to read as follows:

17

(a)AABefore the release of a person who is transferred under

18

Section 61.081(f) or 61.084(g) [61.084(f) or (g)], Human Resources

19

Code, to the division for release on parole, a parole panel shall

20

review the person ’s records and may interview the person or any

21

other

22

conditions

23

condition of parole on the person that the panel may impose on an

24

adult inmate under this chapter.

25
26
27

person
of

the

panel

parole.

considers
The

necessary

panel

may

to

impose

determine
any

the

reasonable

SECTIONA20.AASubchapter A, Chapter 531, Government Code, is
amended by adding Section 531.016 to read as follows:
Sec.A531.016.AAEQUAL

ACCESS

28

TO

FACILITIES,

SERVICES,

AND

S.B.ANo.A103
1

TREATMENT.

2

the Texas Juvenile Probation Commission shall periodically review,

3

document, and compare the accessibility and funding of facilities,

4

services, and treatment provided to females under 18 years of age to

5

the

6

treatment provided to males in the same age group.

accessibility

(b)AAThe

7
8

and

funding

commission

of

shall

facilities,

coordinate

services,

the

and

review,

documentation, and comparison required by Subsection (a).
(c)AAThe areas of review required by Subsection (a) must

9
10

(a)AAThe commission, the Texas Youth Commission, and

include:

11

(1)AAthe nature, extent, and effectiveness of services

12

offered for females under 18 years of age within the areas of teen

13

pregnancy, physical and sexual abuse, and alcohol and drug abuse,

14

services for runaway and homeless females, and services for females

15

involved in gangs or other delinquent activity; and

16

(2)AAthe equity of services offered to persons under 18

17

years of age with respect to gender within the areas of physical and

18

sexual

19

runaway and homeless youth.

abuse,

alcohol

and

drug

abuse,

and

services

offered

to

20

(d)AAEach health and human services agency or other state

21

agency that provides facilities, services, treatment, or funding

22

subject to the review required by Subsection (a) shall identify

23

existing

24

expenditures of money and services for males under 18 years of age

25

in comparison to females in the same age group.

26

submit

27

identified.

a

differences

report

to

within

the

the

agency

commission

29

in

the

describing

allocation

and

Each agency shall
any

differences

S.B.ANo.A103
1
2
3
4
5
6

(e)AAEach agency described by Subsection (d) shall:
(1)AAdevelop a plan to address any lack of services for
females under 18 years of age reported by the agency; and
(2)AAsubmit a report to the commission on the progress
made under the plan.
(f)AAThe

commission

shall

assemble

the

agency

reports

7

submitted under Subsections (d) and (e) and prepare an executive

8

summary to be delivered to the members of the legislature not later

9

than July 1 of each even-numbered year.

10

(g)AAThis section expires September 1, 2011.

11

SECTIONA21.AASubdivision

12
13
14

(9),

Section

811.001,

Government

Code, is amended to read as follows:
(9)AA"Law enforcement officer" means a member of the
retirement system who:

15

(A)AAhas been commissioned as a law enforcement

16

officer by the Department of Public Safety, the Texas Alcoholic

17

Beverage Commission, [or] the Parks and Wildlife Department, or the

18

office of inspector general at the Texas Youth Commission; and

19

(B)AAis

recognized

as

a

commissioned

law

20

enforcement officer by the Commission on Law Enforcement Officer

21

Standards and Education.

22
23

SECTIONA22.AASubsection

(b),

Section

814.104,

Government

Code, is amended to read as follows:

24

(b)AAA member who is at least 55 years old and who has at

25

least 10 years of service credit as a commissioned peace officer

26

engaged in criminal law enforcement activities of the Department of

27

Public Safety, the Texas Alcoholic Beverage Commission, [or] the

30

S.B.ANo.A103
1

Parks and Wildlife Department, or the office of inspector general

2

at

3

eligible to retire and receive a service retirement annuity.

4
5
6

the

Texas

Youth

Commission,

or

as

a

custodial

officer,

is

SECTIONA23.AASection 815.505, Government Code, is amended to
read as follows:
Sec.A815.505.AACERTIFICATION OF NAMES OF LAW ENFORCEMENT AND

7

CUSTODIAL OFFICERS.

8

following the month in which a person begins or ceases employment as

9

a law enforcement officer or custodial officer, the Public Safety

10

Commission, the Texas Alcoholic Beverage Commission, the Parks and

11

Wildlife Commission, the office of inspector general at the Texas

12

Youth Commission, the Board of Pardons and Paroles, or the Texas

13

Board of Criminal Justice, as applicable, shall certify to the

14

retirement system, in the manner prescribed by the system, the name

15

of the employee and such other information as the system determines

16

is necessary for the crediting of service and financing of benefits

17

under this subtitle.

18
19

Not later than the 12th day of the month

SECTIONA24.AASubsection

(a),

Section

551.008,

Health

and

Safety Code, is amended to read as follows:

20

(a)AAThe department may transfer the South Campus of the

21

Vernon State Hospital to the Texas Youth Commission contingent upon

22

the agreement of the governing board of the department and the

23

executive

24

Commission.

25
26
27

commissioner

[governing

board]

of

the

Texas

Youth

SECTIONA25.AASubsection (b), Section 42.041, Human Resources
Code, is amended to read as follows:
(b)AAThis section does not apply to:

31

S.B.ANo.A103
1

(1)AAa state-operated facility;

2

(2)AAan agency foster home or agency foster group home;

3

(3)AAa facility that is operated in connection with a

4

shopping

center,

business,

religious

organization,

or

5

establishment where children are cared for during short periods

6

while parents or persons responsible for the children are attending

7

religious services, shopping, or engaging in other activities on or

8

near the premises, including but not limited to retreats or classes

9

for religious instruction;

10

(4)AAa school or class for religious instruction that

11

does not last longer than two weeks and is conducted by a religious

12

organization during the summer months;
(5)AAa youth camp licensed by the Department of State

13
14

Health Services [Texas Department of Health];
(6)AAa

15
16

facility

licensed,

operated,

certified,

or

registered by another state agency;
(7)AAan educational facility accredited by the Texas

17
18

Education

Agency

or

the

Southern

Association

of

Colleges

and

19

Schools that operates primarily for educational purposes in grades

20

kindergarten and above, an after-school program operated directly

21

by an accredited educational facility, or an after-school program

22

operated by another entity under contract with the educational

23

facility, if the Texas Education Agency or Southern Association of

24

Colleges and Schools has approved the curriculum content of the

25

after-school program operated under the contract;

26

(8)AAan educational facility that operates solely for

27

educational purposes in grades kindergarten through at least grade

32

S.B.ANo.A103
1

two, that does not provide custodial care for more than one hour

2

during the hours before or after the customary school day, and that

3

is a member of an organization that promulgates, publishes, and

4

requires

5

standards equal to standards required by state, municipal, and

6

county codes;

compliance

with

health,

safety,

fire,

and

sanitation

7

(9)AAa kindergarten or preschool educational program

8

that is operated as part of a public school or a private school

9

accredited by the Texas Education Agency, that offers educational

10

programs through grade six, and that does not provide custodial

11

care during the hours before or after the customary school day;

12

(10)AAa family home, whether registered or listed;

13

(11)AAan educational facility that is integral to and

14

inseparable

15

educational facility both of which do not provide custodial care

16

for more than two hours maximum per day, and that offers educational

17

programs for children age five and above in one or more of the

18

following:

19

or secondary grades;

from

its

sponsoring

religious

organization

or

an

kindergarten through at least grade three, elementary,

20

(12)AAan emergency shelter facility providing shelter

21

to minor mothers who are the sole support of their natural children

22

under

23

otherwise require a license as a child-care facility under this

24

section;

Section

25

32.201,

(13)AAa

26

Section

27

certified

51.12,

juvenile

Family

under

Family

unless

detention

Code,

Section

Code,

a

facility

juvenile

51.125,

33

the

facility

certified

correctional

Family

Code

[or

would

under

facility
Section

S.B.ANo.A103
1

141.042(d)], a juvenile facility providing services solely for the

2

Texas Youth Commission, or any other correctional facility for

3

children operated or regulated by another state agency or by a

4

political subdivision of the state;
(14)AAan elementary-age (ages 5-13) recreation program

5
6

operated

by

a

7

municipality annually adopts standards of care by ordinance after a

8

public hearing for such programs, that such standards are provided

9

to the parents of each program participant, and that the ordinances
include,

municipality

minimum,

the

12

and

13

standards; and further provided that parents be informed that the

14

program is not licensed by the state and the program may not be

15

advertised as a child-care facility; or

enforcing

the

minimum

of

qualifications, minimum facility, health, and safety standards,
and

ratios,

body

11

monitoring

staffing

governing

shall

for

a

the

10

mechanisms

at

provided

adopted

staff

local

16

(15)AAan annual youth camp held in a municipality with a

17

population of more than 1.5 million that operates for not more than

18

three months and that has been operated for at least 10 years by a

19

nonprofit organization that provides care for the homeless.

20
21

SECTIONA26.AASubsection (h), Section 42.052, Human Resources
Code, is amended to read as follows:

22

(h)AAThe certification requirements of this section do not

23

apply to a juvenile detention facility certified under Section

24

51.12, Family Code, or a juvenile correctional facility certified

25

under Section 51.125, Family Code [or Section 141.042(d)].

26
27

SECTIONA27.AASection

61.001,

Human

Resources

Code,

is

amended by amending Subdivisions (2) and (4) and adding Subdivision

34

S.B.ANo.A103
1

(7) to read as follows:
(2)AA"Advisory

2
3

(4)AA"Executive

8
9
10

means

the

advisory

commissioner

[director]"

means

the

executive commissioner [director] of the commission.
(7)AA"Office of inspector general" means the office of

6
7

["Board"]

[governing] board of the commission.

4
5

board"

inspector general established under Section 61.0451.
SECTIONA28.AASections 61.012 and 61.0121, Human Resources
Code, are amended to read as follows:
Sec.A61.012.AAEXECUTIVE

COMMISSIONER

[MEMBERS

OF

THE

11

GOVERNING BOARD].

12

Commission is governed by an executive commissioner [consists of

13

seven members] appointed by the governor with the consent of the

14

senate.

15

[Appointments to the board] shall be made without regard to the

16

race, color, disability, sex, religion, age, or national origin of

17

the appointee [appointees].

18
19

The

(a)AAThe [governing board of the] Texas Youth

appointment

(b)AA[Members

of

the

of

board

the

must

executive

be

commissioner

citizens

who

are

recognized within their communities for their interest in youth.

20

[(c)]AAThe executive commissioner holds [board members hold]

21

office for a term of not more than two years expiring February 1 of

22

odd-numbered [staggered terms of six years, with the terms of two or

23

three members expiring every two] years.

24
25

(c)AAThe executive commissioner [(d) A member] is eligible
for reappointment with the consent of the senate.

26

(d)AAThe executive commissioner is a full-time state officer

27

who is entitled to a salary and reimbursement for actual expenses

35

S.B.ANo.A103
1

incurred while on commission business.

2

(e)AAThis section expires September 1, 2009.

3

Sec.A61.0121.AAQUALIFICATIONS
BOARD

MEMBERS,

AND

FOR

EXECUTIVE

EMPLOYEES.

(a)AAA

COMMISSIONER,

4

ADVISORY

person

is

not

5

eligible for appointment as executive commissioner or as a member

6

of [to] the advisory board if the person or the person ’s spouse:

7

(1)AAis employed by or participates in the management

8

of a business entity or other organization receiving funds from the

9

commission;
(2)AAowns

10
a

10

or

percent

controls,

interest

in

directly
a

or

business

indirectly,

11

than

entity

12

organization receiving funds from the commission; or

or

more
other

(3)AAuses or receives a substantial amount of tangible

13
14

goods,

services,

15

compensation

16

membership, attendance, or expenses].

or

or

funds

from

reimbursement

the

commission,

authorized

by

law

other
[for

than
board

17

(b)AAAn officer, employee, or paid consultant of a Texas

18

trade association in the field of criminal or juvenile justice may

19

not be the executive commissioner, a member of the advisory board,

20

or an employee of the commission who is exempt from the state ’s

21

position classification plan or is compensated at or above the

22

amount prescribed by the General Appropriations Act for step 1,

23

salary group 17, of the position classification salary schedule.
(c)AAA person who is the spouse of an officer, manager, or

24
25

paid

26

criminal

27

commissioner, a member of the advisory board, or [and may not be] an

consultant
justice

of
or

a

Texas

juvenile

trade

association

justice

36

may

not

in
be

the
the

field

of

executive

S.B.ANo.A103
1

employee of the commission who is exempt from the state ’s position

2

classification

3

prescribed by the General Appropriations Act for step 1, salary

4

group 17, of the position classification salary schedule.

5

(d)AAFor

plan

the

or

is

compensated

purposes

of

this

at

or

above

section,

a

the

amount

Texas

trade

6

association is a nonprofit, cooperative, and voluntarily joined

7

association of business or professional competitors in this state

8

designed to assist its members and its industry or profession in

9

dealing

10

with

mutual

business

or

professional

problems

and

in

promoting their common interest.

11

(e)AAA person may not be appointed as executive commissioner,

12

serve as a member of the advisory board, or act as the general

13

counsel to the executive commissioner, the advisory board, or the

14

commission if the person is required to register as a lobbyist under

15

Chapter 305, Government Code, because of the person ’s activities

16

for compensation on behalf of a profession related to the operation

17

of the commission.

18

(f)AAThis section expires September 1, 2009.

19

SECTIONA29.AASubchapter B, Chapter 61, Human Resources Code,

20
21

is amended by adding Section 61.0123 to read as follows:
Sec.A61.0123.AAREMOVAL

OF

EXECUTIVE

22

OFFICE.

23

commissioner if the executive commissioner:

24
25
26
27

COMMISSIONER

FROM

(a)AAIt is a ground for removal from office as executive

(1)AAdoes

not

have

at

the

time

of

appointment

the

qualifications required by Section 61.0121(a) for appointment;
(2)AAdoes

not

maintain

while

serving

as

executive

commissioner the qualifications required by Section 61.0121(a) for

37

S.B.ANo.A103
1

appointment; or
(3)AAviolates

2
3

a

prohibition

established

by

Section

61.0121(b) or (c).

4

(b)AAThe validity of an action of the executive commissioner

5

is not affected by the fact that it was taken when a ground for

6

removal existed.

7

(c)AAIf the advisory board has knowledge that a potential

8

ground for removal exists under this section, the chairman of the

9

advisory

board

shall

notify

the

executive

commissioner,

the

10

governor, and the attorney general of the potential ground for

11

removal.

12

(d)AAThis section expires September 1, 2009.

13

SECTIONA30.AASection

14

amended to read as follows:

15
16

Human

Resources

Code,

is

Sec.A61.013.AAADVISORY BOARD [PRESIDING OFFICER; MEETINGS].
(a)AAAn advisory board for the commission is established to:
(1)AAadvise

17
18

61.013,

the

executive

commissioner

on

matters

concerning the commission; and
(2)AAassist

19

the

executive

commissioner

in

the

20

performance of the executive commissioner ’s duties [The governor

21

shall designate a member of the board as the chairman of the board

22

to serve in that capacity at the pleasure of the governor].

23

(b)AAThe advisory board is composed of nine members.

Three

24

members shall be appointed by the governor, three members shall be

25

appointed by the lieutenant governor, and three members shall be

26

appointed by the speaker of the house of representatives.

27

governor,

lieutenant

governor,

38

and

speaker

of

the

house

The
of

S.B.ANo.A103
1

representatives shall coordinate to ensure that the membership of

2

the advisory board meets the requirements of Subsection (d).

3

governor shall designate a member of the advisory board as the

4

chairman of the advisory board to serve in that capacity at the

5

pleasure of the governor [The board shall meet at least four times

6

each year].

The

(c)AAThe appointment of a member of the advisory board shall

7
8

be

made

without

regard

to

the

race,

color,

disability,

sex,

9

religion, age, or national origin of the appointee [A meeting shall

10

be held on the call of the chairman or on the request of four members

11

at the time and place designated by the chairman].

12

(d)AAMembers of the advisory board must be citizens who are

13

recognized within their communities for their interest in youth.

14

The

15

experienced member of a victims advocacy organization, a mental

16

health professional, and a current or former prosecutor or judge.

17

majority of the members of the advisory board must be qualified, by

18

experience or education, in the development and administration of

19

programs for the rehabilitation and reestablishment in society of

20

children in the custody of agencies similar in mission and scope to

21

the commission.

22

must have primary experience in a field other than the field of

23

criminal or juvenile justice.

board

24

shall

be

composed

of

at

least

one

physician,

an

A

At least two of the members of the advisory board

(e)AAThe advisory board shall meet at least four times each

25

year.

26

request of five members at a time and place designated by the

27

chairman.

A meeting shall be held at the call of the chairman or on the

39

S.B.ANo.A103
1

(f)AAAdvisory board members are entitled to receive a per

2

diem in the amount provided in the General Appropriations Act for

3

not more than 90 days in any fiscal year, plus reimbursement for

4

actual expenses incurred while on advisory board business.
(g)AAA member of the advisory board serves at the pleasure of

5
6

the person who appointed the member.

7

(h)AAThis section expires September 1, 2009.

8

SECTIONA31.AASections 61.019 and 61.0191, Human Resources

9

Code, are amended to read as follows:
Sec.A61.019.AADELEGATION

10

OF

POWERS

AND

DUTIES.

(a)AAAny

11

power, duty, or function of the commission that is not assigned by

12

statute to the chief inspector general of the office of inspector

13

general [or of the board] may be exercised and performed by the

14

executive commissioner.

15

(b)AAThe executive commissioner may delegate to [director

16

or] any [member or] employee designated or assigned by the [board or

17

by the] executive commissioner a power, duty, or function of the

18

executive

19

assigned by statute to the chief inspector general of the office of

20

inspector general [director].

commissioner

or

the

commission

that

is

not

21

(c)AAThis section expires September 1, 2009.

22

Sec.A61.0191.AAAUDIT; AUTHORITY OF STATE AUDITOR.

already

(a)AAThe

23

[financial transactions of the] commission is [are] subject to

24

audit

25

Government Code.

by

the

state

auditor

in

accordance

with

Chapter

321,

26

(b)AAThe state auditor, on request of the office of inspector

27

general, may provide information or other assistance to the office

40

S.B.ANo.A103
1

of

inspector

general

that

the

state

auditor

determines

is

2

appropriate.

3

the state auditor to review or schedule a plan for an investigation

4

under Section 61.0451 or share other information.

The office of inspector general may coordinate with

5

(c)AAThe state auditor may access all information maintained

6

by the office of inspector general, such as vouchers, electronic

7

data, and internal records, including information that is otherwise

8

confidential under law.

9

under

10
11
12

this

and

is

not

subject

to

of the office of inspector general does not:
(1)AAsupersede the authority of the state auditor to
conduct an audit under Chapter 321, Government Code; or
(2)AAprohibit the state auditor from:
(A)AAconducting an audit, investigation, or other

16

18

confidential

(d)AAAny provision of this chapter relating to the operations

15

17

is

disclosure under Chapter 552, Government Code.

13
14

subsection

Information obtained by the state auditor

review; or
(B)AAhaving

full

and

complete

access

to

all

19

records and other information concerning the commission, including

20

any witness statement or electronic data, that the state auditor

21

considers necessary for the audit, investigation, or review.

22

SECTIONA32.AASection

23

amended to read as follows:

24

61.022,

Human

Resources

Code,

is

Sec.A61.022.AAACCESSIBILITY TO PROGRAMS AND FACILITIES.

The

25

commission shall comply with federal and state laws related to

26

program and facility accessibility.

27

[director] shall also prepare and maintain a written plan that

41

The executive commissioner

S.B.ANo.A103
1

describes how a person who does not speak English can be provided

2

reasonable access to the commission ’s programs and services.
SECTIONA33.AASubchapter B, Chapter 61, Human Resources Code,

3
4

is amended by adding Sections 61.023 and 61.024 to read as follows:
Sec.A61.023.AAACCREDITATION

5

BY

AMERICAN

CORRECTIONAL

6

ASSOCIATION.

7

shall

8

accreditation by the American Correctional Association for each

9

correctional

10

adopt

Not later than September 1, 2007, the commission
a

plan

facility

for

and

begin

operated

by

the

or

process

under

of

receiving

contract

with

the

commission.
Sec.A61.024.AAGOVERNANCE

11

(a)AANotwithstanding

13

effective September 1, 2009, the commission is governed by a board

14

that consists of seven members appointed by the governor with the

15

advice and consent of the senate.

Appointments to the board shall

16

be

race,

17

religion, age, or national origin of the appointees.

without

regard

other

to

the

provision

COMMISSION.

12

made

any

OF
of

color,

this

chapter,

disability,

sex,

(b)AAMembers of the board must be citizens who are recognized

18
19

within their communities for their interest in youth.

20

shall be composed of at least one physician, an experienced member

21

of a victims advocacy organization, a mental health professional,

22

and a current or former prosecutor or judge.

23

members of the board must be qualified, by experience or education,

24

in

25

rehabilitation and reestablishment in society of children in the

26

custody of agencies similar in mission and scope to the commission.

27

At

the

least

development

two

of

the

and

administration

members

of

42

the

of

board

The board

A majority of the

programs

must

have

for

the

primary

S.B.ANo.A103
1

experience in a field other than the field of criminal or juvenile

2

justice.
(c)AAThe board shall meet at least four times each year.

3

A

4

meeting shall be held at the call of the chairman or on the request

5

of five members at a time and place designated by the chairman.

6

Board members are entitled to receive a per diem in the amount

7

provided in the General Appropriations Act for not more than 90 days

8

in any fiscal year, plus reimbursement for actual expenses incurred

9

while on board business.
(d)AAEffective

10

September

1,

2009,

the

commission

shall

11

employ an executive director, selected by the board, to serve at the

12

will of the board.

13

the work of the commission.

14

actual expenses while on commission business.

15

(e)AAEffective September 1, 2009:

The executive director shall devote full time to
The executive director is entitled to

16

(1)AAa reference in law to the executive commissioner

17

is a reference to the board in matters concerning the governance of

18

the

19

rulemaking functions of the commission; and

commission,

policymaking

functions

of

the

commission,

or

20

(2)AAa reference in law to the executive commissioner

21

is a reference to the executive director in matters concerning the

22

administrative functions of the commission.

23

SECTIONA34.AASection

24

amended to read as follows:

25

61.0315,

Sec.A61.0315.AA[REVIEW

OF]

Human

Resources

TREATMENT

PROGRAMS.

Code,

is

(a)AAThe

26

commission

27

commission ’s programs for the rehabilitation and reestablishment

shall

annually

review

43

the

effectiveness

of

the

S.B.ANo.A103
1

in

society

of

children

committed

to

the

commission,

including

2

programs for sex offenders, capital offenders, children who are

3

chemically dependent, [and] emotionally disturbed children, and

4

females.

5

(b)AAOn or before December 31 of each year, the commission

6

shall make a report on the effectiveness of the programs to the

7

Legislative Budget Board.

8

(c)AAThe commission shall offer or make available programs

9

described by Subsection (a) in an adequate manner so that a child in

10

the custody of the commission receives appropriate rehabilitation

11

services recommended for the child by the court committing the

12

child to the commission.

13

(d)AAIf the commission is unable to offer or make available

14

programs described by Subsection (a) in the manner provided by

15

Subsection (c), the commission shall, not later than January 10 of

16

each odd-numbered year, provide the standing committees of the

17

senate and house of representatives with primary jurisdiction over

18

matters

19

explaining:

24

facilities

with

a

report

and

22
23

correctional

(1)AAwhich programs are not offered or are unavailable;

20
21

concerning

(2)AAthe reason the programs are not offered or are
unavailable.
(e)AAThe commission shall periodically review, document, and

25

compare

26

provided to female children committed to the commission to the

27

accessibility and funding of treatment provided to male children

the

accessibility

and

funding

44

of

treatment

programs

S.B.ANo.A103
1

committed to the commission.

2

SECTIONA35.AASubchapter C, Chapter 61, Human Resources Code,

3

is amended by adding Sections 61.0331, 61.0332, and 61.0345 to read

4

as follows:
Sec.A61.0331.AAINTERNAL AUDIT; REPORT.

5
6

shall

7

including audits of:

(2)AAmedical

audits

facilities

of

the

operated

by

commission,

and

under

services

provided

to

children

in

the

custody of the commission.
(b)AAThe commission shall on a quarterly basis report the

12
13

internal

contract with the commission; and

10
11

conduct

(1)AAcorrectional

8
9

regularly

(a)AAThe commission

results of the audits to:
(1)AAthe

14

committees

of

the

senate

and

house

of

15

representatives with primary jurisdiction over matters concerning

16

correctional facilities; and
(2)AAthe state auditor.

17
18

Sec.A61.0332.AACOMPLIANCE

REPORTS.

provide

Committee

Joint

Select

on

the

commission

19

shall

20

Management of the Texas Youth Commission with reports concerning

21

the progress of the commission in complying with the requirements

22

of S.B. No. 103, Acts of the 80th Legislature, Regular Session,

23

2007.

24

the joint select committee on December 1, 2007, the second report to

25

the joint select committee on June 1, 2008, and the final report to

26

the joint select committee on December 1, 2008.

27

the

(a)AAThe

Operation

and

The commission shall prepare and deliver the first report to

(b)AAThis section expires January 1, 2009.

45

S.B.ANo.A103
Sec.A61.0345.AAMISSION

1

STATEMENT.

The

commission

shall

2

develop and adopt a statement regarding the role and mission of the

3

commission.

4

SECTIONA36.AASection

5

amended to read as follows:

61.034,

Sec.A61.034.AAPOLICIES

6

AND

Human

Resources

RULES.

Code,

(a)AAThe

is

executive

7

commissioner [The commission] is responsible for the adoption of

8

all

9

accomplishment of the commission ’s [its] functions.

policies

and

(b)AAThe

10

shall

make

executive

rules

appropriate

commissioner

to

[commission]

the

proper

shall

adopt

11

rules for the government of the schools, facilities, and programs

12

under

13

schools, facilities, and programs are conducted according to law

14

and

15

purpose

16

discipline,

17

facilities,

18

self-respect and self-reliance of the youth under the authority of

19

the

20

honorable employment.

21

the

to

commission ’s

the
of

executive
the

and

recreation,

commission

to

of

and

programs

and

authority

commissioner ’s

rules

and

[its]

all

other
is

to

qualify

SECTIONA37.AASection

shall

see

[commission ’s]
education,
activities
restore

them

61.035,

and

for

Human

and

good

rules.

work,
in

that

the

The

training,
schools,

increase

citizenship

Resources

the

Code,

the

and

is

22

amended by amending Subsection (b) and adding Subsection (c) to

23

read as follows:

24

(b)AAExcept

as

otherwise

provided

by

this

chapter,

an

25

employee of the commission is employed on an at-will basis [The

26

commission may remove any employee for cause, and a decision by the

27

commission is final].

46

S.B.ANo.A103
1
2

(c)AAThe commission shall establish procedures and practices
governing:
(1)AAemployment-related

3
4

grievances

submitted

by

commission employees; and
(2)AAdisciplinary

5

actions

within

the

commission,

6

including a procedure allowing a commission employee to elect to

7

participate in an independent dismissal mediation if the employee

8

is recommended for dismissal.

9
10
11

SECTIONA38.AASections 61.0351, 61.0352, and 61.0354, Human
Resources Code, are amended to read as follows:
Sec.A61.0351.AAPROFESSIONAL INFORMATION FOR ADVISORY BOARD

12

MEMBERS AND EMPLOYEES.

13

executive director ’s designee] shall provide to members of the

14

advisory

15

necessary, information regarding their qualification for office or

16

employment

17

applicable laws relating to standards of conduct for state officers

18

or employees.

19

board

and

under

The executive commissioner [director or the

to

this

commission

chapter

and

employees,

their

as

often

as

responsibilities

Sec.A61.0352.AADIVISION OF RESPONSIBILITY.

is

under

The executive

20

commissioner

21

clearly

22

executive commissioner [board] and the management responsibilities

23

of the [executive director and the] staff of the commission.

24

[board]

separate

shall

the

develop

and

policymaking

implement

policies

responsibilities

Sec.A61.0354.AAJOB PERFORMANCE EVALUATIONS.

of

that
the

The executive

25

commissioner [director or the executive director ’s designee] shall

26

develop a system of annual performance evaluations that are based

27

on documented employee performance.

47

All merit pay for commission

S.B.ANo.A103
1

employees

2

section.

3
4

must

be

based

on

SECTIONA39.AASubsection

the

system

(a),

established

Section

under

61.0355,

this

Human

Resources Code, is amended to read as follows:

5

(a)AAThe executive commissioner [director or the executive

6

director ’s designee] shall prepare and maintain a written policy

7

statement to assure implementation of a program of equal employment

8

opportunity under which all personnel transactions are made without

9

regard to race, color, disability, sex, religion, age, or national

10

origin. The policy statement shall include:

11

(1)AApersonnel policies, including policies relating

12

to recruitment, evaluation, selection, appointment, training, and

13

promotion of personnel that are in compliance with requirements of

14

Chapter 21, Labor Code;

15

(2)AAa comprehensive analysis of the commission ’s work

16

force that meets federal or state laws, rules, and regulations and

17

instructions

18

regulations;

promulgated

directly

from

those

laws,

rules,

and

19

(3)AAprocedures by which a determination can be made

20

about the extent of underuse in the commission ’s work force of all

21

persons of whom federal or state laws, rules, and regulations and

22

instructions

23

regulations encourage a more equitable balance; and

24
25

promulgated

directly

from

those

laws,

rules,

and

(4)AAreasonable methods to appropriately address those
areas of underuse.

26

SECTIONA40.AASubchapter C, Chapter 61, Human Resources Code,

27

is amended by adding Sections 61.0356, 61.0357, and 61.0386 to read

48

S.B.ANo.A103
1

as follows:
Sec.A61.0356.AAJUVENILE

2

this

section,

CORRECTIONAL

"juvenile

OFFICERS;

correctional

STAFFING.

3

(a)AAIn

4

employee whose primary duty includes the custodial supervision of

5

children in the custody of the commission.

7

officer

8

training,

9

officer

employed
which

by

the

must

independently

commission

include

with

at

on-the-job

commences

the

10

facility.

11

and

12

information and instruction concerning:

an

least

300

training,

officer ’s

hours

before

duties

at

of
the
the

The training must provide the officer with information

instruction

related

(1)AAthe

13

to

juvenile

the

officer ’s

justice

system

duties,

of

including

this

state,

including the juvenile correctional facility system;

15

(2)AAsecurity procedures;

16

(3)AAthe

17

means

(b)AAThe commission shall provide each juvenile correctional

6

14

officer"

supervision

of

children

committed

to

the

commission;

18

(4)AAsigns of suicide risks and suicide precautions;

19

(5)AAsigns and symptoms of the abuse, assault, neglect,

20

and exploitation of a child, including sexual abuse and sexual

21

assault, and the manner in which to report the abuse, assault,

22

neglect, or exploitation of a child;

23

(6)AAthe

neurological,

24

development of adolescents;

25

(7)AAcommission

26
27

rules

physical,

and

and

psychological

regulations,

including

rules, regulations, and tactics concerning the use of force;
(8)AAappropriate restraint techniques;

49

S.B.ANo.A103
1
2
3
4

(9)AAthe Prison Rape Elimination Act of 2003 (42 U.S.C.
Section 15601, et seq.);
(10)AAthe rights and responsibilities of children in
the custody of the commission;

5

(11)AAinterpersonal relationship skills;

6

(12)AAthe social and cultural lifestyles of children in

7

the custody of the commission;

8

(13)AAfirst aid and cardiopulmonary resuscitation;

9

(14)AAcounseling techniques;

10
11

(15)AAconflict

resolution

and

dispute

mediation,

including de-escalation techniques;

12

(16)AAbehavior management;

13

(17)AAmental health issues; and

14

(18)AAemployee rights, employment discrimination, and

15
16

sexual harassment.
(c)AAThe

commission

may

employ

part-time

17

correctional officers.

18

is subject to the training requirements of this section.

19

(d)AAIn

each

juvenile

A part-time juvenile correctional officer

correctional

facility

operated

by

the

20

commission that has a dormitory, including an open-bay dormitory,

21

the commission must maintain a ratio of not less than one juvenile

22

correctional

23

every 12 persons committed to the facility.

24

officer

performing

direct

supervisory

duties

for

(e)AAThe commission shall consider the age of a juvenile

25

correctional

26

direct supervisory duties when determining the placement of the

27

officer or employee in a commission facility so that, to the extent

officer

or

other

commission

50

employee

who

performs

S.B.ANo.A103
1

practicable, an officer or employee is not supervising a child who

2

is not more than three years younger than the officer or employee or

3

is otherwise a similar age to the officer or employee.
(f)AAThe

4

commission

shall

rotate

the

assignment

of

each

5

juvenile correctional officer at an interval determined by the

6

commission so that a juvenile correctional officer is not assigned

7

to the same station for an extended period of time.
(g)AAThe commission shall ensure that at least one juvenile

8
9

correctional

officer

is

assigned

to

supervise

in

or

near

a

10

classroom or other location in which children receive education

11

services or training at the time the children are receiving the

12

education services or training.
(h)AAThe

13
14

commission

shall

rules

necessary

to

administer this section.

15

Sec.A61.0357.AAREQUIRED

16

CHECKS. (a)AAIn this section:
(1)AA"Department"

17
18

adopt

BACKGROUND

means

the

AND

CRIMINAL

Department

HISTORY

of

Public

Safety.
(2)AA"National

19

criminal

history

criminal
record

history

information

record

information"

20

means

obtained

from

the

21

department under Subchapter F, Chapter 411, Government Code, and

22

from the Federal Bureau of Investigation under Section 411.087,

23

Government Code.

24

(b)AAThe executive commissioner shall review the national

25

criminal history record information, state criminal history record

26

information maintained by the department, and previous and current

27

employment references of each person who:

51

S.B.ANo.A103
1

(1)AAis an employee, contractor, volunteer, ombudsman,

2

or advocate working for the commission or working in a commission

3

facility or a facility under contract with the commission;
(2)AAprovides direct delivery of services to children

4
5

in the custody of the commission; or
(3)AAhas access to records in commission facilities or

6
7

offices.
(c)AATo

8
9

review,

the

enable

the

commission

by

executive
shall

Subsection

adopt

conduct

requiring

person

11

department with a complete set of the person ’s fingerprints in a

12

form and of a quality acceptable to the department and the Federal

13

Bureau of Investigation.
each

person

electronically

a

the

described

(d)AAFor

to

rules

to

10

14

(b)

commissioner

described

by

provide

Subsection

the

(b),

the

15

executive commissioner shall review on an annual basis the person ’s

16

national criminal history record information.

17

(e)AAThe commission shall ensure that the system used to

18

check state criminal history record information maintained by the

19

department is capable of providing real time arrest information.

20

(f)AAThe commission by rule may require a person described by

21

Subsection (b) to pay a fee related to the first national criminal

22

history record information review conducted under this section.

23

The

24

incurred

25

including the costs of obtaining the person ’s fingerprints.

26
27

amount
by

of

the

the

(g)AAThe

fee

may

commission

commission

not
in

exceed

the

conducting

shall

administer this section.

52

adopt

administrative
the

rules

initial

costs

review,

necessary

to

S.B.ANo.A103
Sec.A61.0386.AAADVOCACY

1

AND

SUPPORT

GROUPS.

(a)AAThe

2

commission shall allow advocacy and support groups whose primary

3

functions are to benefit children, inmates, girls and women, the

4

mentally ill, and victims of sexual assault to provide on-site

5

information, support, and other services for children confined in

6

commission facilities.
(b)AAThe

7

commission

shall

adopt

security

and

privacy

8

procedures for advocacy and support groups that provide on-site

9

information, support, and other services under this section.

The

10

security and privacy procedures may not be designed to deny an

11

advocacy or support group access to children confined in commission

12

facilities.
(c)AAThe commission shall adopt standards consistent with

13
14

standards

adopted

by

the

15

regarding the confidential correspondence of children confined in

16

commission facilities with external entities, including advocacy

17

and support groups.

18

SECTIONA41.AASection

19

amended to read as follows:

Texas

61.0423,

Sec.A61.0423.AAPUBLIC

20

Department

Human

HEARINGS.

of

Criminal

Justice

Resources

Code,

is

(a)AAThe

executive

21

commissioner

22

provide the public with a reasonable opportunity to appear before

23

the

24

designee [board] and to speak on any issue under the jurisdiction of

25

the commission.

26
27

[board]

executive

(b)AAThe

shall

develop

commissioner

executive

or

and

the

commissioner

implement

executive

shall

policies

that

commissioner ’s

ensure

that

the

location of public hearings held in accordance with this section is

53

S.B.ANo.A103
1

rotated between municipalities in which a commission facility is

2

located or that are in proximity to a commission facility.

3

SECTIONA42.AASubchapter C, Chapter 61, Human Resources Code,

4

is amended by adding Sections 61.0451, 61.0452, and 61.0461 to read

5

as follows:
Sec.A61.0451.AAOFFICE OF INSPECTOR GENERAL.

6
7

of

inspector

general

is

8

purpose of investigating:
(1)AAcrimes

9

established

committed

at

by

the

(a)AAThe office

commission

commission

for

the

employees,

10

including parole officers employed by or under a contract with the

11

commission; and

12

(2)AAcrimes committed at a facility operated by the

13

commission or at a residential facility operated by another entity

14

under a contract with the commission.

15

(b)AAThe
a

office

report

of

inspector

16

deliver

concerning

the

17

conducted under this section to:

general

results

of

shall
any

prepare

and

investigation

18

(1)AAthe executive commissioner;

19

(2)AAthe advisory board;

20

(3)AAthe governor;

21

(4)AAthe lieutenant governor;

22

(5)AAthe speaker of the house of representatives;

23

(6)AAthe standing committees of the senate and house of

24

representatives with primary jurisdiction over matters concerning

25

correctional facilities;

26

(7)AAthe special prosecution unit;

27

(8)AAthe state auditor; and

54

S.B.ANo.A103
(9)AAany other appropriate state agency responsible for

1
2

licensing or certifying commission employees or facilities.

3

(c)AAThe report prepared under Subsection (b) must include a

4

summary of the actions performed by the office of inspector general

5

in

6

investigation

7

occurred, and a description of the finding.

8

information under Chapter 552, Government Code, only to the extent

9

authorized under that chapter and other law.

conducting

the

resulted

(d)AAThe

10

investigation,

office

in

of

a

a

finding

inspector

statement
that

a

of

whether

criminal

the

offense

The report is public

general

may

employ

and

11

commission inspectors general as peace officers for the purpose of

12

carrying out the duties described by this section.

13

general shall have all of the powers and duties given to peace

14

officers under Article 2.13, Code of Criminal Procedure.
(e)AAPeace

15
16

officers

employed

and

An inspector

commissioned

under

Subsection (d) must:

17

(1)AAbe certified by the Commission on Law Enforcement

18

Officer Standards and Education under Chapter 1701, Occupations

19

Code; and

20

(2)AAcomplete advanced courses relating to the duties

21

of peace officers employed and commissioned under Subsection (d) as

22

part

23

officers.

24

of

any

continuing

education

requirements

for

the

peace

(f)AAThe executive commissioner shall select a commissioned

25

peace officer as chief inspector general.

26

general is subject to the requirements of this section and may only

27

be discharged for cause.

55

The chief inspector

S.B.ANo.A103
(g)AAThe chief inspector general shall on a quarterly basis

1
2

prepare

and

deliver

a

report

3

office of inspector general to:

concerning

the

operations

of

the

4

(1)AAthe executive commissioner;

5

(2)AAthe advisory board;

6

(3)AAthe governor;

7

(4)AAthe lieutenant governor;

8

(5)AAthe speaker of the house of representatives;

9

(6)AAthe standing committees of the senate and house of

10

representatives

11

facilities;

with

primary

jurisdiction

12

(7)AAthe state auditor; and

13

(8)AAthe comptroller.
(h)AAA

14

report

Chapter

under

552,

Subsection

(g)

is

public

to

the

extent

information

16

authorized under that chapter and other law, and the commission

17

shall publish the report on the commission ’s Internet website.

18

report must be both aggregated and disaggregated by individual

19

facility and include information relating to:
(1)AAthe

types

of

inspector

general,

Government

correctional

15

20

under

prepared

over

Code,

investigations

conducted

21

office

22

concerned narcotics or an alleged incident of sexual abuse;

23
24

of

such

as

whether

an

by

A

the

investigation

(2)AAthe relationship of a victim to a perpetrator, if
applicable; and

25

(3)AAthe number of investigations conducted concerning

26

suicides, deaths, and hospitalizations of children in the custody

27

of the commission.

56

S.B.ANo.A103
(i)AAThe

1

the

of

executive

inspector

general

3

governor ’s general counsel, and the state auditor any particularly

4

serious or flagrant problem concerning the administration of a

5

commission

6

executive commissioner or an employee of the commission with an

7

investigation conducted by the office.

or

operation

or

Sec.A61.0452.AATOLL-FREE NUMBER.

board,

interference

a

10

receiving

any

11

exploitation of children in the custody of the commission.

information

number

concerning

by

the

the

(a)AAThe commission shall

establish

for

the

the

abuse,

purpose

of

neglect,

or

(b)AAThe office of inspector general shall ensure that:
(1)AAthe toll-free number is prominently displayed in

13
14

toll-free

any

advisory

9

12

permanent,

the

immediately

report

program

commissioner,

shall

2

8

to

office

each commission facility; and
(2)AAchildren

15

in

the

custody

of

the

commission

and

16

commission employees have confidential access to telephones for the

17

purpose of calling the toll-free number.

18

Sec.A61.0461.AAEMPLOYMENT

OR

DESIGNATION

OF

CHAPLAIN

AT

19

CERTAIN COMMISSION FACILITIES.

The commission shall ensure that a

20

chaplain is employed or formally designated for each commission

21

correctional facility that is an institution.

22

SECTIONA43.AASubchapter D, Chapter 61, Human Resources Code,

23

is amended by adding Sections 61.061, 61.062, and 61.0651 to read as

24

follows:

25

Sec.A61.061.AAPLACEMENT IN COMMISSION FACILITIES.

(a)AAThe

26

commission may not assign a child younger than 15 years of age to

27

the same correctional facility dormitory as a person who is at least

57

S.B.ANo.A103
1

17 years of age unless the commission determines that the placement

2

is necessary to ensure the safety of children in the custody of the

3

commission.

4

used

5

purposes.

This subsection does not apply to a dormitory that is

exclusively

for

short-term

assessment

and

orientation

6

(b)AAThe commission by rule shall adopt scheduling, housing,

7

and placement procedures for the purpose of protecting vulnerable

8

children in the custody of the commission.

9

address the age, physical condition, and treatment needs of a child

10

The procedures must

as well as any other relevant factor.
(c)AAThe

11

of

commission
a

child ’s

shall

family

consider
in

the

12

residence

13

commission facility in which to place a child.
Sec.A61.062.AAESTABLISHMENT

14

proximity

determining

OF

MINIMUM

the

of

the

appropriate

LENGTH

OF

STAY.

15

(a)AAThe commission shall establish a minimum length of stay for

16

each

17

sentence.

18
19
20
21
22
23

child

committed

to

the

commission

without

a

determinate

(b)AAIn establishing a minimum length of stay for a child,
the commission shall consider:
(1)AAthe

nature

of

and

seriousness

of

the

conduct

engaged in by the child; and
(2)AAthe danger the child poses to the community.
Sec.A61.0651.AAINFORMATION PROVIDED BY COMMITTING COURT.

In

24

addition to the information provided under Section 61.065, a court

25

that commits a child to the commission shall provide the commission

26

with a copy of the following documents:

27

(1)AAthe petition and the adjudication and disposition

58

S.B.ANo.A103
1

orders for the child, including the child ’s thumbprint;

2

(2)AAif the commitment is a result of revocation of

3

probation, a copy of the conditions of probation and the revocation

4

order;

5

(3)AAthe social history report for the child;

6

(4)AAany

7

(5)AAthe

9

parents or guardian;

reports

contact

information

sheet

for

child ’s

the

the offense for which the child is committed;
(7)AAany

12

sex

offender

registration

information

concerning the child;
(8)AAany

14
15

psychiatric

(6)AAany law enforcement incident reports concerning

10

13

or

concerning the child;

8

11

psychological

juvenile

probation

department

progress

reports concerning the child;

16

(9)AAany assessment documents concerning the child;

17

(10)AAthe computerized referral and case history for

18

the child, including case disposition;

19

(11)AAthe child ’s birth certificate;

20

(12)AAthe

21

number

or

social

court administrator in the committing county;
(14)AATitle IV-E eligibility screening information for
the child, if available;

26
27

security

(13)AAthe name, address, and telephone number of the

24
25

social

security card, if available;

22
23

child ’s

(15)AAthe
forwarding

funds

address

collected

to

in

the

which

59

committing

the

county

committing

county

for
is

S.B.ANo.A103
1

entitled;
(16)AAany of the child ’s school or immunization records

2
3

that the committing county possesses;
(17)AAany victim information concerning the case for

4
5

which the child is committed; and
(18)AAany of the child ’s pertinent medical records that

6
7

the committing court possesses.

8

SECTIONA44.AASection

9

amended to read as follows:

61.044,

Sec.A61.044.AABIENNIAL

10
11

DIRECTOR.

12

assigned by the commission.

Human

BUDGET.

Resources

[DUTIES

OF

Code,

is

EXECUTIVE

(a)AAThe executive director shall perform the duties

13

[(b)]AAThe executive commissioner [director] shall prepare

14

[and submit to the commission for its approval] a biennial budget of

15

all funds necessary to be appropriated by the legislature to the

16

commission to carry out the purposes of this chapter.

17

shall

18

[commission] in the form and manner and within the time prescribed

19

by law.

submitted

filed

by

the

executive

commissioner

is amended by adding Section 61.055 to read as follows:

22

Sec.A61.055.AAZERO-TOLERANCE

23

shall

24

prevention,

25

consensual

26

commission.

27

and

SECTIONA45.AASubchapter C, Chapter 61, Human Resources Code,

20
21

be

The budget

adopt

a

zero-tolerance

and

punishment

sexual

contact,

POLICY.

policy
of

of

the

(a)AAThe

concerning
sexual

children

in

the

abuse,

the

commission
detection,
including

custody

of

the

(b)AAThe commission shall establish standards for reporting

60

S.B.ANo.A103
1

and collecting data on the sexual abuse of children in the custody

2

of the commission.

3

(c)AAThe commission shall establish a procedure for children

4

in the custody of the commission and commission employees to report

5

incidents of sexual abuse involving a child in the custody of the

6

commission.

7

commission facility in which the abuse is alleged to have occurred

8

as well as a person who is employed at the commission ’s headquarters

9

to whom a person may report an incident of sexual abuse.

The procedure must designate a person employed at the

10

(d)AAThe commission shall prominently display the following

11

notice in the office of the chief administrator of each commission

12

facility, the employees ’ break room of each commission facility,

13

the

14

additional locations in each commission facility:

cafeteria

of

each

commission

facility,

and

at

least

six

15

THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY

16

REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF

17

A CHILD IN THE CUSTODY OF THE COMMISSION.

18

BE REPORTED TO __________.

19
20
21

SECTIONA46.AASections

61.071

and

ANY SUCH VIOLATION MUST

61.072,

Human

Resources

Code, are amended to read as follows:
Sec.A61.071.AAINITIAL

EXAMINATION.

(a)AAThe

commission

22

shall examine and make a study of each child committed to it as soon

23

as possible after commitment.

24

rules established by the commission and shall include:

25

(1)AAlong-term planning for the child; and

26

(2)AAconsideration of the child ’s medical, substance

27

abuse, and treatment history, including the child ’s psychiatric

The study shall be made according to

61

S.B.ANo.A103
1

history and substance abuse history [a determination of whether the

2

child will need long-term residential care].

3

(b)AAFor

a

child

for

whom

a

minimum

length

of

stay

is

4

established under Section 61.062 of one year or longer, the initial

5

examination must include a comprehensive psychiatric evaluation.

6

(c)AAThe

commission

shall

administer

comprehensive

7

psychological assessments to a child as part of the child ’s initial

8

examination, including assessments designed to identify whether a

9

child is in need of a psychiatric evaluation.

If the results of a

10

child ’s psychological assessments indicate that the child is in

11

need of a psychiatric evaluation, the commission shall as soon as

12

practicable conduct a psychiatric evaluation of the child.

13

Sec.A61.072.AAREEXAMINATION.

The

commission

shall

14

periodically reexamine each child under its control, except those

15

on release under supervision or in foster homes, for the purpose of

16

determining whether a rehabilitation plan made by the commission

17

concerning

18

examination must include a study of all current circumstances of a

19

child ’s personal and family situation and an evaluation of the

20

progress made by the child since the child ’s last examination.

21

examination of a child may be made as frequently as the commission

22

considers necessary [desirable], but shall be made at intervals not

23

exceeding six months [one year].

24
25
26
27

the

child

should

be

modified

or

continued.

The

The

SECTIONA47.AASubchapter E, Chapter 61, Human Resources Code,
is amended by adding Section 61.0711 to read as follows:
Sec.A61.0711.AAHEALTH

CARE

DELIVERY

SYSTEM.

(a)AAIn

providing medical care, behavioral health care, or rehabilitation

62

S.B.ANo.A103
1

services, the commission shall integrate the provision of those

2

services in an integrated comprehensive delivery system.

3

(b)AAThe delivery system may be used to deliver any medical,

4

behavioral health, or rehabilitation services provided to a child

5

in the custody of the commission, including:

6

(1)AAhealth care;

7

(2)AAdental care;

8

(3)AAbehavioral health care;

9

(4)AAsubstance abuse treatment;

10

(5)AAnutrition;

11

(6)AAprogramming;

12

(7)AAcase management; and

13

(8)AAgeneral

rehabilitation

services,

including

14

educational, spiritual, daily living, recreational, and security

15

services.
SECTIONA48.AASection

16
17

61.0731,

Human

Resources

Code,

is

amended by adding Subsection (c) to read as follows:

18

(c)AAThe commission may disclose to a peace officer or law

19

enforcement agency images of children recorded by an electronic

20

recording

21

documents containing the names of children if the information is

22

relevant to the investigation of a criminal offense alleged to have

23

occurred

24

commission.

25

device

in

a

and

incident

facility

operated

reporting

by

or

and

under

investigation

contract

with

the

SECTIONA49.AASubchapter E, Chapter 61, Human Resources Code,

26

is

27

follows:

amended

by

adding

Sections

61.0763

63

and

61.0764

to

read

as

S.B.ANo.A103
Sec.A61.0763.AARIGHTS OF PARENTS.

1
2

consultation

3

described in Section 61.0386(a), shall develop a parent ’s bill of

4

rights for distribution to the parent or guardian of a child who is

5

under 18 years of age and committed to the commission.

6

bill of rights must include:
(1)AAa

7
8

policies

9

office

10

and

of

and

description

procedures,

support

of

including

general

and

the

groups

office

as

grievance

information
of

those

The parent ’s

commission ’s

contact

the

such

the

for

the

independent

ombudsman established under Chapter 64;
(2)AAa list of possible incidents that require parental
notification;
(3)AApolicies

13
14

advocacy

inspector

11
12

with

(a)AAThe commission, in

concerning

visits

and

telephone

conversations with a child committed to the commission;

15

(4)AAa

16

responsibilities;

17

(5)AAa

description

statement

of

that

the

commission

commission

caseworker

caseworker

18

assigned to a child may assist the child ’s parent or guardian in

19

obtaining information and services from the commission and other

20

resources concerning:

21
22

(A)AAcounseling,

including

substance

abuse

and

mental health counseling;

23

(B)AAassistance programs, including financial and

24

travel assistance programs for visiting a child committed to the

25

commission;

26

(C)AAworkforce preparedness programs;

27

(D)AAparenting programs; and

64

S.B.ANo.A103
(E)AAcommission seminars; and

1

(6)AAinformation

2

concerning

the

indeterminate

3

sentencing structure at the commission, an explanation of reasons

4

that a child ’s commitment at the commission could be extended, and

5

an explanation of the review process under Sections 61.0815 and

6

61.0816

7

determinate sentence.

8

(b)AANot

for

a

child

later

committed

than

48

to

hours

the

after

commission

the

time

without

a

child

a

is

9

admitted to a commission facility, the commission shall mail to the

10

child ’s parent or guardian at the last known address of the parent

11

or guardian:

12

(1)AAthe parent ’s bill of rights; and

13

(2)AAthe

14

contact

information

of

the

commission

caseworker assigned to the child.

15

(c)AAThe commission shall on a quarterly basis provide to the

16

parent, guardian, or designated advocate of a child who is in the

17

custody of the commission a report concerning the progress of the

18

child at the commission, including:
(1)AAthe academic and behavioral progress of the child;

19
20

and

21

(2)AAthe

22

conducted under Section 61.072.

results

of

any

reexamination

of

the

child

23

(d)AAThe commission shall ensure that written information

24

provided to a parent or guardian regarding the rights of a child in

25

the custody of the commission or the rights of a child ’s parent or

26

guardian, including the parent ’s bill of rights, is clear and easy

27

to understand.

65

S.B.ANo.A103
Sec.A61.0764.AACOMMISSION CASEWORKERS.

1

(a)AAThe commission

2

shall assign a caseworker to a child committed to the commission.

3

commission caseworker shall:
(1)AAexplore family issues and needs with the parent or

4
5

guardian of a child committed to the commission;
(2)AAas needed, provide the parent or guardian of a

6
7

child

8

programs

9

resource; and

10
11
12

A

committed
and

to

the

services

commission
provided

by

with
the

information
commission

concerning
or

another

(3)AAperform other duties required by the commission.
(b)AAA commission caseworker shall:
(1)AAat

least

once

a

month,

attempt

to

contact

the

13

child ’s parent or guardian by phone, in person while the parent or

14

guardian is visiting the facility, or, if necessary, by mail;

15

(2)AAif unsuccessful in contacting the child ’s parent

16

or guardian under Subdivision (1), attempt at least one additional

17

time each month to contact the child ’s parent or guardian; and

18
19
20

(3)AAdocument

successful

as

well

as

unsuccessful

attempts to contact the child ’s parent or guardian.
(c)AATo

the

extent

practicable,

a

caseworker

or

another

21

facility administrator shall attempt to communicate with a parent

22

or guardian who does not speak English in the language of choice of

23

the parent or guardian.

24
25
26
27

SECTIONA50.AASubsection (a), Section 61.079, Human Resources
Code, is amended to read as follows:
(a)AAAfter

a

child

sentenced

to

commitment

under

Section

54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years

66

S.B.ANo.A103
1

of age but before the child becomes 19 [21] years of age, the

2

commission may refer the child to the juvenile court that entered

3

the order of commitment for approval of the child ’s transfer to the

4

[institutional

5

Justice for confinement if:

division

of

the]

Texas

Department

of

Criminal

6

(1)AAthe child has not completed the sentence; and

7

(2)AAthe
released

under

conduct,

regardless

supervision

under

of

whether

Section

the

8

child

9

indicates that the welfare of the community requires the transfer.

61.081,

SECTIONA51.AASubchapter E, Chapter 61, Human Resources Code,

10
11

was

child ’s

is amended by adding Section 61.0791 to read as follows:
Sec.A61.0791.AAEVALUATION

12

SENTENCES.

OF

child

14

commitment

15

Family Code, becomes 18 years of age, the commission shall evaluate

16

whether the child is in need of additional services that can be

17

completed in the six-month period after the child ’s 18th birthday

18

to prepare the child for release from the custody of the commission

19

or transfer to the Texas Department of Criminal Justice.

54.04(d)(3),

who

is

SERVING

DETERMINATE

Section

a

CHILDREN

13

under

(a)AAWhen

CERTAIN

54.04(m),

sentenced
or

to

54.05(f),

20

(b)AAThis section does not apply to a child who is released

21

from the custody of the commission or who is transferred to the

22

Texas

23

birthday.

Department

of

Criminal

Justice

before

the

child ’s

18th

24

SECTIONA52.AASubchapter F, Chapter 61, Human Resources Code,

25

is amended by adding Sections 61.0814, 61.0815, and 61.0816 to read

26

as follows:

27

Sec.A61.0814.AAREENTRY

AND

67

REINTEGRATION

PLAN.

(a)AAThe

S.B.ANo.A103
1

commission shall develop a reentry and reintegration plan for each

2

child committed to the custody of the commission.

3

child

4

extensive continuity of care in services from the time the child is

5

committed

6

discharge from the commission.

7

as applicable:

must

be

to

designed

the

to

ensure

commission

to

the

(1)AAhousing assistance;

9

(2)AAa

10

the

time

child

of

the

receives

child ’s

an

final

The plan for a child must include,

8

step-down

that

The plan for a

program,

such

as

placement

in

a

halfway house;

11

(3)AAfamily counseling;

12

(4)AAacademic and vocational mentoring;

13

(5)AAtrauma counseling for a child who is a victim of

14

abuse while in the custody of the commission; and
(6)AAother specialized treatment services appropriate

15
16

for the child.

17

(b)AAIf

a

program

or

service

in

child ’s

the

reentry

and

18

reintegration plan is not available at the time the child is to be

19

released, the commission shall find a suitable alternative program

20

or service so that the child ’s release is not postponed.

21

Sec.A61.0815.AACOMPLETION

OF

MINIMUM

LENGTH

OF

STAY.

22

(a)AAAfter a child who is committed to the commission without a

23

determinate

24

established by the commission for the child under Section 61.062,

25

the commission shall, in the manner provided by this section:

26
27

sentence

completes

(1)AAdischarge

the

the

child

commission;

68

minimum

from

the

length

custody

of

of

stay

the

S.B.ANo.A103
(2)AArelease the child under supervision under Section

1
2

61.081; or
(3)AAextend

3
4

the

length

of

child ’s

the

stay

in

the

custody of the commission.
(b)AAThe commission by rule shall establish a panel whose

5
6

function

is

7

completed the child ’s minimum length of stay should be discharged

8

from

9

(a)(1),

the

to

review

custody

be

of

released

and

the

determine

commission

under

whether

as

supervision

a

child

provided
under

by

who

has

Subsection

Section

61.081

as

10

provided by Subsection (a)(2), or remain in the custody of the

11

commission

12

Subsection (a)(3).

for

an

additional

period

of

time

as

provided

by

13

(c)AAThe executive commissioner shall determine the size of

14

the panel and the length of the members ’ terms of service on the

15

panel.

16

terms of the panel ’s members must last for at least two years.

The

17

executive

the

18

transparency,

19

composition,

20

commissioner

21

panel.

22

employee who works at the commission ’s central office.

23

the

24

concerning children in the custody of the commission.

25

The panel must consist of an odd number of members and the

commissioner

A

consistency,
procedures,
shall

person

panel

shall

may

appoint
appointed

not

be

adopt

and
and

that

objectivity

the

involved

in

to

any

as

must

panel ’s

the

The

serve

panel

ensure

of

decisions.

persons
to

policies

executive

members
be

a

supervisory

of

the

commission
A member of
decisions

(d)AAThe panel may extend the length of the child ’s stay as

26

provided

27

majority vote and on the basis of clear and convincing evidence that

by

Subsection

(a)(3)

only

69

if

the

panel

determines

by

S.B.ANo.A103
1

the

2

commission and that the commission will provide the most suitable

3

environment for that rehabilitation.

4

child ’s stay, the panel must specify the additional period of time

5

that the child is to remain in the custody of the commission and

6

must conduct an additional review and determination as provided by

7

this section on the child ’s completion of the additional term of

8

stay.

9

should not be extended, the commission must discharge the child

10

from the custody of the commission as provided by Subsection (a)(1)

11

or release the child under supervision under Section 61.081 as

12

provided by Subsection (a)(2).

13

child

is

in

need

of

additional

rehabilitation

from

the

In extending the length of a

If the panel determines that the child ’s length of stay

(e)AAThe commission shall maintain statistics of the number

14

of extensions granted by the panel.

15

aggregated information concerning:

The statistics must include

16

(1)AAthe race, age, sex, specialized treatment needs,

17

and county of origin for each child for whom an extension order is

18

requested;

19

(2)AAthe facility in which the child is confined; and

20

(3)AAif

applicable,

any

allegations

concerning

the

21

abuse, mistreatment, or neglect of the child, aggregated by the

22

type of misconduct to which the child was subjected.

23

(f)AATo

the

extent

authorized

under

law,

the

statistics

24

maintained

25

Chapter 552, Government Code, and the commission shall post the

26

statistics on the commission ’s Internet website.

27

shall prepare and deliver to the standing committees of the senate

under

Subsection

(e)

70

are

public

information

under

The commission

S.B.ANo.A103
1

and house of representatives with primary jurisdiction over matters

2

concerning

3

statistics maintained under Subsection (e).

correctional

facilities

a

report

concerning

the

4

(g)AAThe commission shall provide a report to the parent,

5

guardian, or designated advocate of a child whose length of stay is

6

extended under this section explaining the panel ’s reason for the

7

extension.
Sec.A61.0816.AAREQUEST

8
9

ORDER.

FOR

RECONSIDERATION

OF

EXTENSION

(a)AAThe commission by rule shall establish a process to

10

request the reconsideration of an extension order issued by the

11

panel established under Section 61.0815.
(b)AAThe

12
13

process

to

request

reconsideration

must

provide

that:
(1)AAa

14

child,

a

parent,

guardian,

or

designated

15

advocate of a child, an employee of the commission, or a person who

16

provides volunteer services at a commission facility may submit a

17

request for reconsideration of an extension order;
(2)AAthe

18

person

submitting

the

request

for

19

reconsideration of an extension order must state in the request the

20

reason for the request;

21

(3)AAafter receiving a request for reconsideration of

22

an extension order, the panel shall reconsider an extension order

23

that:

24
25

(A)AAextends the child ’s stay in the custody of
the commission by six months or more; or

26

(B)AAcombined with previous extension orders will

27

result in an extension of the child ’s stay in the custody of the

71

S.B.ANo.A103
1

commission by six months or more;

2

(4)AAthe panel ’s reconsideration of an extension order

3

includes consideration of the information submitted in the request;

4

and

5

(5)AAthe panel shall send a written reply to the child,

6

the parent, guardian, or designated advocate of the child, and the

7

person who made the request for reconsideration of an extension

8

order that includes an explanation of the panel ’s decision after

9

reconsidering the extension order, including an indication that the

10

panel has considered the information submitted in the request.

11

(c)AAThe commission shall create a form for a request for

12

reconsideration of an extension order that is clear and easy to

13

understand.

14

assistance

15

extension order.

The commission shall ensure that a child may request
in

completing

a

request

for

reconsideration

of

an

16

(d)AAThe commission shall maintain statistics of the number

17

of requests for reconsideration of an extension order that are

18

submitted and the action taken on reconsideration of the extension

19

order.

20

concerning:

The

21

statistics

must

include

aggregated

(1)AAthe race, age, sex, specialized treatment needs,

22

and

23

reconsideration of an extension order is submitted;

24
25

information

county

of

origin

(2)AAwhether

for

a

each

child

request

for

for

whom

a

request

reconsideration

for

of

an

extension order results in:

26

(A)AAa discharge or release under supervision; or

27

(B)AAthe original extension order being upheld;

72

S.B.ANo.A103
1

(3)AAthe facility in which the child is confined; and

2

(4)AAif

applicable,

any

allegations

concerning

the

3

abuse, mistreatment, or neglect of the child, aggregated by the

4

type of misconduct to which the child was subjected.

5

(e)AATo

the

authorized

8

statistics on the commission ’s Internet website.

9

shall prepare and deliver to the standing committees of the senate

10

and house of representatives with primary jurisdiction over matters

11

concerning

12

statistics maintained under Subsection (d).

facilities

public

statistics

Chapter 552, Government Code, and the commission shall post the

15

are

the

7

correctional

(d)

law,

maintained

14

Subsection

under

6

13

under

extent

a

information

report

under

The commission

concerning

the

SECTIONA53.AASubsections (e) and (g), Section 61.084, Human
Resources Code, are amended to read as follows:
(e)AAExcept

as

provided

by

Subsection

[(f)

or]

(g),

the

16

commission shall discharge from its custody a person not already

17

discharged on the person ’s 19th [21st] birthday.

18

(g)AAThe commission shall transfer a person who has been

19

sentenced under a determinate sentence to commitment under Section

20

54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been

21

returned to the commission under Section 54.11(i)(1), Family Code,

22

to the custody of the [pardons and paroles division of the] Texas

23

Department

24

birthday,

25

transferred, to serve the remainder of the person ’s sentence on

26

parole as provided by Section 508.156, Government Code.

27

of
if

Criminal
the

Justice

person

SECTIONA54.AASection

has

on

not

61.0841,

73

the

person ’s

already

Human

been

19th

[21st]

discharged

Resources

Code,

or

is

S.B.ANo.A103
1

amended by amending Subsection (a) and adding Subsection (c) to

2

read as follows:
(a)AANot

3

later

than

the

90th

day

before

the

date

the

4

commission transfers a person to the custody of [the pardons and

5

paroles division of] the Texas Department of Criminal Justice for

6

release on parole under Section 61.081(f) or 61.084(g) [61.084(f)

7

or

8

pertinent information relating to the person, including:

9

(1)AAthe juvenile court judgment;

(g)],

the

commission

shall

submit

to

the

department

all

10

(2)AAthe circumstances of the person ’s offense;

11

(3)AAthe person ’s previous social history and juvenile

12

court records;

13

(4)AAthe person ’s physical and mental health record;

14

(5)AAa

15

record

of

the

person ’s

conduct,

employment

history, and attitude while committed to the commission;
(6)AAa record of the sentence time served by the person

16
17

at

the

commission

and

in

a

juvenile

detention

facility

in

18

connection with the conduct for which the person was adjudicated;

19

and

20

(7)AAany written comments or information provided by

21

the commission, local officials, family members of the person, [or]

22

victims of the offense, or the general public.

23

(c)AAThe Texas Department of Criminal Justice shall grant

24

credit for sentence time served by a person at the commission and in

25

a juvenile detention facility, as recorded by the commission under

26

Subsection (a)(6), in computing the person ’s eligibility for parole

27

and discharge from the department.

74

S.B.ANo.A103
1
2

SECTIONA55.AASubsection (a), Section 61.093, Human Resources
Code, is amended to read as follows:

3

(a)AAIf a child who has been committed to the commission and

4

placed by it in any institution or facility has escaped or has been

5

released under supervision and broken the conditions of release:
(1)AAa sheriff, deputy sheriff, constable, or police

6
7

officer may, without a warrant, arrest the child; or

8

(2)AAa [parole officer or other] commission employee

9

designated by the executive commissioner [director] may, without a

10

warrant or other order, take the child into the custody of the

11

commission.

12
13
14

SECTIONA56.AASubchapter G, Chapter 61, Human Resources Code,
is amended by adding Sections 61.098 and 61.099 to read as follows:
Sec.A61.098.AACERTAIN

CRIMES

CONCERNING

THE

COMMISSION.

15

(a)AAIn this section, "special prosecution unit" means the special

16

prosecution

17

Government Code.

18

unit

(b)AAAs

established

appropriate,

under

the

Subchapter

district

E,

Chapter

attorney,

41,

criminal

19

district attorney, or county attorney representing the state in

20

criminal matters before the district or inferior courts of the

21

county who would otherwise represent the state in the prosecution

22

of an offense or delinquent conduct concerning the commission and

23

described by Article 104.003(a), Code of Criminal Procedure, may

24

request that the special prosecution unit prosecute the offense or

25

delinquent conduct.

26

(c)AAThe office of inspector general shall on a quarterly

27

basis prepare and deliver to the board of directors of the special

75

S.B.ANo.A103
1

prosecution unit a report concerning:

2

(1)AAany alleged criminal offense or delinquent conduct

3

concerning the commission and described by Article 104.003(a), Code

4

of Criminal Procedure, that occurred during the preceding calendar

5

quarter; and
(2)AAthe disposition of any case involving a criminal

6
7

offense

or

delinquent

conduct

concerning

the

commission

and

8

described by Article 104.003(a), Code of Criminal Procedure, that

9

occurred during the preceding calendar quarter.

10

(d)AANotwithstanding Subsection (c), the office of inspector

11

general shall immediately provide the special prosecution unit with

12

a

13

conduct

14

104.003(a), Code of Criminal Procedure, if the chief inspector

15

general reasonably believes the offense or conduct is particularly

16

serious and egregious.

report

concerning
concerning

an
the

alleged

criminal

commission

and

offense

or

described

delinquent
by

Article

17

(e)AAThe chief inspector general of the office of inspector

18

general, at the direction of the board of directors of the special

19

prosecution unit, shall notify the foreman of the appropriate grand

20

jury, in the manner provided by Article 20.09, Code of Criminal

21

Procedure, if:

22

(1)AAthe

chief

inspector

general

receives

credible

23

evidence of illegal or improper conduct by commission officers,

24

employees, or contractors that the inspector general reasonably

25

believes jeopardizes the health, safety, and welfare of children in

26

the custody of the commission;

27

(2)AAthe chief inspector general reasonably believes

76

S.B.ANo.A103
1

the conduct:
(A)AAcould

2
3

constitute

an

offense

under

Article

104.003(a), Code of Criminal Procedure; and
(B)AAinvolves the alleged physical or sexual abuse

4
5

of

a

child

in

the

custody

of

a

commission

6

investigation related to the alleged abuse; and

facility

or

an

7

(3)AAthe chief inspector general has reason to believe

8

that information concerning the conduct has not previously been

9

presented to the appropriate grand jury.
Sec.A61.099.AADUTY TO FILE COMPLAINT WITH LAW ENFORCEMENT

10
11

AGENCY.

12

believe that a child in the custody of the commission is the victim

13

of

14

commissioner

15

appropriate law enforcement agency.

16
17

a

If the executive commissioner has reasonable cause to

crime

committed
shall

at

a

commission

immediately

file

facility,
a

the

complaint

executive
with

the

SECTIONA57.AASubtitle A, Title 3, Human Resources Code, is
amended by adding Chapter 64 to read as follows:

18

CHAPTERA64.AAOFFICE OF INDEPENDENT OMBUDSMAN OF THE TEXAS YOUTH

19

COMMISSION
SUBCHAPTER A.

20
21

GENERAL PROVISIONS

Sec.A64.001.AADEFINITIONS.

In this chapter:

22

(1)AA"Commission" means the Texas Youth Commission.

23

(2)AA"Independent ombudsman" means the individual who

24

has been appointed under this chapter to the office of independent

25

ombudsman.

26
27

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

77

S.B.ANo.A103
Sec.A64.002.AAESTABLISHMENT;

1

PURPOSE.

The

office

of

2

independent ombudsman is a state agency established for the purpose

3

of

4

children committed to the commission, including a child released

5

under supervision before final discharge.

6

Sec.A64.003.AAINDEPENDENCE.

investigating,

evaluating,

and

securing

the

rights

of

the

(a)AAThe independent ombudsman

7

in the performance of its duties and powers under this chapter acts

8

independently of the commission.
(b)AAFunding for the independent ombudsman is appropriated

9
10

separately from funding for the commission.

11

[Sections 64.004-64.050 reserved for expansion]

12

SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec.A64.051.AAAPPOINTMENT

13

OF

INDEPENDENT

OMBUDSMAN.

14

(a)AAThe governor shall appoint the independent ombudsman with the

15

advice and consent of the senate for a term of two years, expiring

16

February 1 of odd-numbered years.

17

(b)AAA person appointed as independent ombudsman is eligible

18

for reappointment but may not serve more than three terms in that

19

capacity.
(c)AANotwithstanding Subsection (a), as soon as practicable

20
21

after

22

commissioner

23

ombudsman for a term of office expiring February 1, 2009.

24

provided

25

independent ombudsman with the advice and consent of the senate for

26

each of the independent ombudsman ’s subsequent terms of office.

27

This subsection expires March 1, 2009.

the

by

effective
of

the

date

of

commission

Subsection

(a),

this

section,

shall

appoint

the

78

governor

the
the

shall

executive
independent

appoint

As
the

S.B.ANo.A103
Sec.A64.052.AAASSISTANTS.

1

The

independent

ombudsman

may

2

hire assistants to perform, under the direction of the independent

3

ombudsman, the same duties and exercise the same powers as the

4

independent ombudsman.
Sec.A64.053.AACONFLICT OF INTEREST.

5

as

independent

ombudsman

or

as

(a)AAA person may not

6

serve

an

assistant

7

independent ombudsman if the person or the person ’s spouse:

to

the

8

(1)AAis employed by or participates in the management

9

of a business entity or other organization receiving funds from the

10

commission;
(2)AAowns

11

or

controls,

directly

or

indirectly,

any

12

interest in a business entity or other organization receiving funds

13

from the commission; or
(3)AAuses or receives any amount of tangible goods,

14
15

services, or funds from the commission.
(b)AAA person may not serve as independent ombudsman or as an

16
17

assistant

18

person ’s spouse is required to register as a lobbyist under Chapter

19

305,

20

compensation on behalf of a profession related to the operation of

21

the commission.

22

to

the

Government

independent

Code,

ombudsman

because

of

if

the

person ’s

the

person

or

activities

the

for

(c)AAA person may not serve as independent ombudsman or as an

23

assistant

24

person ’s

25

consultant of a Texas trade association in the field of criminal or

26

juvenile justice.

27

to

the

spouse

(d)AAFor

independent
is

the

an

ombudsman

officer,

purposes

of

79

if

employee,

this

the

person

manager,

section,

a

or
or

Texas

the
paid

trade

S.B.ANo.A103
1

association is a nonprofit, cooperative, and voluntarily joined

2

association of business or professional competitors in this state

3

designed to assist its members and its industry or profession in

4

dealing

5

promoting their common interest.

with

mutual

business

or

professional

Sec.A64.054.AASUNSET PROVISION.

6

problems

and

in

The office is subject to

7

review under Chapter 325, Government Code (Texas Sunset Act), but

8

is not abolished under that chapter.

9

during the periods in which state agencies abolished in 2009 and

10

The office shall be reviewed

every 12th year after 2009 are reviewed.
Sec.A64.055.AAREPORT.

11

on

a

quarterly

(a)AAThe independent ombudsman shall

12

submit

basis

to

the

governor,

the

13

governor, the state auditor, and each member of the legislature a

14

report that is both aggregated and disaggregated by individual

15

facility and describes:

16

(1)AAthe work of the independent ombudsman;

17

(2)AAthe
by

the

results

of

independent

any

review

investigation

18

undertaken

19

investigation of services contracted by the commission; and
(3)AAany

20
21

ombudsman

22

ombudsman.

has

in

ombudsman,

or

lieutenant

recommendations

relation

to

the

including

that
duties

the
of

the

reviews

or

independent
independent

23

(b)AAThe independent ombudsman shall immediately report to

24

the governor, the lieutenant governor, the speaker of the house of

25

representatives, the state auditor, and the office of the inspector

26

general of the commission any particularly serious or flagrant:

27

(1)AAcase of abuse or injury of a child committed to the

80

S.B.ANo.A103
1

commission;
(2)AAproblem

2
3

administration

of

a

(3)AAproblem concerning the delivery of services in a
facility operated by or under contract with the commission; or
(4)AAinterference

6
7

the

commission program or operation;

4
5

concerning

by

the

commission

with

an

investigation conducted by the office.
Sec.A64.056.AACOMMUNICATION AND CONFIDENTIALITY.

8

(a)AAThe

9

commission shall allow any child committed to the commission to

10

communicate with the independent ombudsman or an assistant to the

11

ombudsman.

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

12
13

and
(2)AAis confidential and privileged.

14

(b)AAThe

15
16

The communication:

records

of

the

independent

ombudsman

are

confidential, except that the independent ombudsman shall:

17

(1)AAshare with the office of inspector general of the

18

commission a communication with a child that may involve the abuse

19

or neglect of the child; and
(2)AAdisclose its nonprivileged records if required by

20
21

a court order on a showing of good cause.

22

(c)AAThe independent ombudsman may make reports relating to

23

an investigation public after the investigation is complete but

24

only

25

redacted from the report and remain confidential.

26
27

if

the

names

(d)AAThe

of

name,

all

children,

address,

or

parents,

other

and

personally

employees

are

identifiable

information of a person who files a complaint with the office of

81

S.B.ANo.A103
1

independent

ombudsman,

2

independent

ombudsman

3

confidential

4

ombudsman are confidential and not subject to disclosure under

5

Chapter

6

records,

7

concerning

8

action, may be disclosed to the appropriate person if the office

9

determines that disclosure is:

552,

records

in

than

pending

the

generated

course

obtained

Government

other
a

information

Code,

by

the

except

confidential
law

of

an

by

the

(1)AAin the general public interest;

11

(2)AAnecessary

12
13
14
15

enable

the

office

to

of
and

independent

information

investigation

10

to

of

information

enforcement

office

investigation,

office

that

the

and

and

records

or

criminal

perform

the

responsibilities provided under this section; or
(3)AAnecessary to identify, prevent, or treat the abuse
or neglect of a child.
Sec.A64.057.AAPROMOTION

OF

AWARENESS

OF

OFFICE.

The

16

independent ombudsman shall promote awareness among the public and

17

the children committed to the commission of:

18

(1)AAhow the office may be contacted;

19

(2)AAthe purpose of the office; and

20

(3)AAthe services the office provides.

21

Sec.A64.058.AARULEMAKING

AUTHORITY.

The

office

by

rule

22

shall establish policies and procedures for the operations of the

23

office of independent ombudsman.

24

Sec.A64.059.AAAUTHORITY

OF

STATE

AUDITOR.

The

office

is

25

subject to audit by the state auditor in accordance with Chapter

26

321, Government Code.

27

[Sections 64.060-64.100 reserved for expansion]

82

S.B.ANo.A103
SUBCHAPTER C.

1

Sec.A64.101.AADUTIES

2
3

DUTIES AND POWERS

AND

POWERS.

(a)AAThe

independent

ombudsman shall:
(1)AAreview

4

the

procedures

established

by

the

5

commission and evaluate the delivery of services to children to

6

ensure that the rights of children are fully observed;
(2)AAreview

7

complaints

filed

with

the

independent

8

ombudsman concerning the actions of the commission and investigate

9

each complaint in which it appears that a child may be in need of

10

assistance from the independent ombudsman;

11

(3)AAconduct investigations of complaints, other than

12

complaints alleging criminal behavior, if the office determines

13

that:
(A)AAa child committed to the commission or the

14
15

child ’s family may be in need of assistance from the office; or
(B)AAa

16
17

systemic

issue

in

the

commission ’s

provision of services is raised by a complaint;

18

(4)AAreview or inspect periodically the facilities and

19

procedures of any institution or residence in which a child has been

20

placed by the commission, whether public or private, to ensure that

21

the rights of children are fully observed;

22

(5)AAprovide assistance to a child or family who the

23

independent

24

including advocating with an agency, provider, or other person in

25

the best interests of the child;

26
27

ombudsman

determines

is

in

need

of

assistance,

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

83

S.B.ANo.A103
(7)AArecommend changes in any procedure relating to the

1
2

treatment of children committed to the commission;
(8)AAmake appropriate referrals under any of the duties

3
4

and powers listed in this subsection; and

5

(9)AAsupervise assistants who are serving as advocates

6

in their representation of children committed to the commission in

7

internal administrative and disciplinary hearings.
(b)AAThe independent ombudsman may apprise persons who are

8
9

interested in a child ’s welfare of the rights of the child.

10

(c)AATo assess if a child ’s rights have been violated, the

11

independent ombudsman may, in any matter that does not involve

12

alleged

13

administrator,

employee,

14

individual

the

15

information.

criminal

in

behavior,

contact

child,

course

of

or

parent,

its

consult

with

expert,

or

any

investigation

or

to

an

other
secure

(d)AANotwithstanding any other provision of this chapter,

16
17

the

independent

18

behavior.

ombudsman

may

Sec.A64.102.AATREATMENT

19

INDEPENDENT

OF

investigate

alleged

COMMISSION

discharge or in any manner discriminate or retaliate against an

22

employee who in good faith makes a complaint to the office of

23

independent

24

investigation.

cooperates

Sec.A64.103.AATRAINING.

The

with

commission

WHO

21

or

The

EMPLOYEES

COOPERATE

ombudsman

OMBUDSMAN.

criminal

20

25

WITH

not

the

independent

may

office

ombudsman

in

not

an

shall

26

attend

27

juvenile correctional officers required under Section 61.0356, and

annual

sessions,

including

84

the

training

curriculum

for

S.B.ANo.A103
1

may participate in other appropriate professional training.
[Sections 64.104-64.150 reserved for expansion]

2

SUBCHAPTER D.

3
4

ACCESS TO INFORMATION

Sec.A64.151.AAACCESS

INFORMATION

6

ombudsman access to its records relating to the children committed

7

to the commission.

9
10
11

Department

of

shall

Public

allow

GOVERNMENTAL

ENTITIES.

(b)AAThe

commission

OF

5

8

(a)AAThe

TO

Safety

the

independent

shall

allow

the

independent ombudsman access to the juvenile justice information
system established under Subchapter B, Chapter 58, Family Code.
(c)AAA

local

law

enforcement

agency

shall

allow

the

12

independent ombudsman access to its records relating to any child

13

in the care or custody of the commission.

14

Sec.A64.152.AAACCESS

TO

INFORMATION

OF

PRIVATE

ENTITIES.

15

The independent ombudsman shall have access to the records of a

16

private entity that relate to a child committed to the commission.

17
18
19

SECTIONA58.AASubsection

22
23
24
25
26
27

Section

141.022,

Human

Resources Code, is amended to read as follows:
(a)AAThe advisory council on juvenile services consists of:
(1)AAtwo

20
21

(a),

juvenile

court

judges,

appointed

by

the

commission;
(2)AAthree juvenile probation officers, appointed by
the commission;
(3)AAtwo

citizens

who

are

knowledgeable

of

juvenile

services, appointed by the commission;
(4)AAthe executive commissioner [director] of the Texas
Youth Commission or the commissioner ’s [director ’s] designee;

85

S.B.ANo.A103
(5)AAthe

1
2

5
6

of

education

or

the

commissioner ’s designee; and
(6)AAthe

3
4

commissioner

commissioner

of

human

services

or

the

commissioner ’s designee.
SECTIONA59.AASubsection

(b),

Section

141.047,

Human

Resources Code, is amended to read as follows:

7

(b)AAThe director, the executive commissioner [director] of

8

the Texas Youth Commission, and the commissioners of education,

9

mental health and mental retardation, and human services shall meet

10

in Austin at least quarterly to:

11

(1)AAdiscuss mutual problems;

12

(2)AAresolve

13

16
17
18

in

providing

services

to

juveniles; and
(3)AAmake

14
15

conflicts

recommendations

to

the

governor

and

legislature.
SECTIONA60.AASubsection

(c),

Section

141.0471,

Human

Resources Code, is amended to read as follows:
(c)AAThe

executive

of

the

Texas

Commission [each agency] shall adopt the coordinated strategic plan

21

on or before December 1st of each odd-numbered year, or before the

22

adoption of the agency ’s individual strategic plan, whichever is

23

earlier.
(c),

Section

of

the

Probation

20

SECTIONA61.AASubsection

commissioner

Juvenile

Commission

25

the

board

19

24

and

governing

110.302,

Texas

Youth

Occupations

Code, is amended to read as follows:

26

(c)AAThe Texas Board of Criminal Justice [or the governing

27

board of the Texas Youth Commission] may vote to exempt employees of

86

S.B.ANo.A103
1

the

2

Commission, as appropriate,] from a specific licensing requirement

3

imposed

4

requirement causes financial or operational hardship on the agency.

5

The

6

commission from a licensing requirement imposed by this section for

7

any reason.

Department

under

Texas

this

of

Criminal

section

Youth Commission

if

may

Justice

the

not

board

[or

the

Texas

determines

exempt

any

Youth

that

employee

the

of

the

SECTIONA62.AASubsections (a) and (b), Section 39.04, Penal

8
9

Texas

Code, are amended to read as follows:

10

(a)AAAn official of a correctional facility, an employee of a

11

correctional facility, a person other than an employee who works

12

for

13

correctional facility, or a peace officer commits an offense if the

14

person intentionally:

15

compensation

at

a

(1)AAdenies

correctional

or

impedes

facility,

a

person

a

in

volunteer

custody

in

at

a

the

16

exercise or enjoyment of any right, privilege, or immunity knowing

17

his conduct is unlawful; or

18

(2)AAengages in sexual contact, sexual intercourse, or

19

deviate sexual intercourse with an individual in custody or, in the

20

case of an individual in the custody of the Texas Youth Commission,

21

employs, authorizes, or induces the individual to engage in sexual

22

conduct or a sexual performance.

23

(b)AAAn

offense

under

Subsection

(a)(1)

is

a

Class

A

24

misdemeanor.

25

felony, except that an offense under Subsection (a)(2) is a felony

26

of the second degree if the individual is in the custody of the

27

Texas Youth Commission.

An offense under Subsection (a)(2) is a state jail

87

S.B.ANo.A103
SECTIONA63.AASubsection (e), Section 39.04, Penal Code, is

1
2

amended by adding Subdivisions (4) and (5) to read as follows:

3

(4)AA"Sexual

4

meanings assigned by Section 43.25.

"performance"

have

the

thereof that includes sexual conduct by an individual.
SECTIONA64.AAThe following laws are repealed:

7

(1)AASubsections

8
9

and

(5)AA"Sexual performance" means any performance or part

5
6

conduct"

(s)

and

(t),

Section

54.04,

Family

Code;

10

(2)AASubsection (k), Section 54.05, Family Code; and

11

(3)AASubdivision

(3),

Section

61.001,

Sections

12

61.0122, 61.014, 61.015, 61.0151, and 61.017, and Subsection (f),

13

Section

14

Resources Code.

61.084,

and

SECTIONA65.AAA

15

Subsection

person

(d),

committed

Section

to

141.042,

the

Texas

Human

Youth

16

Commission on the basis of conduct constituting the commission of

17

an

18

Subsection (d), Section 54.04, Family Code, as it existed before

19

the effective date of this Act, must be discharged from the custody

20

of the Texas Youth Commission not later than the person ’s 19th

21

birthday.

22

offense

of

the

grade

of

misdemeanor

under

Subdivision

(2),

SECTIONA66.AA(a)AANot later than November 1, 2007, the Texas

23

Juvenile

24

creation of community-based programs required by Section 54.0401,

25

Family Code, as added by this Act.

Probation

Commission

shall

issue

guidelines

for

the

26

(b)AANot later than January 1, 2008, the juvenile board of a

27

county to which Section 54.0401, Family Code, as added by this Act,

88

S.B.ANo.A103
1

applies shall implement a community-based program that complies

2

with the guidelines established by the Texas Juvenile Probation

3

Commission.

4

SECTIONA67.AAThe change in law made by Section 54.052, Family

5

Code, as added by this Act, and Subsection (c), Section 61.0841,

6

Human Resources Code, as added by this Act, applies only to conduct

7

for which a child is adjudicated on or after the effective date of

8

this Act.

9

this

Act

A child who is adjudicated before the effective date of
is

governed

by

the

law

in

effect

when

the

child

was

10

adjudicated, and the former law is continued in effect for that

11

purpose.

12

SECTIONA68.AAThe change in law made by this Act to Section

13

39.04, Penal Code, applies only to an offense committed on or after

14

September 1, 2007.

15

is governed by the law in effect when the offense was committed, and

16

the

17

purposes of this section, an offense was committed before September

18

1, 2007, if any element of the offense occurred before that date.

former

law

is

An offense committed before September 1, 2007,

continued

in

effect

for

that

purpose.

For

19

SECTIONA69.AAThe Texas Youth Commission shall develop and

20

adopt a mission statement, as required by Section 61.0345, Human

21

Resources Code, as added by this Act, on or before October 1, 2007.

22

SECTIONA70.AA(a)AASubsection

(b),

Section

61.0356,

Human

23

Resources Code, as added by this Act, applies only to a juvenile

24

correctional officer hired by the Texas Youth Commission on or

25

after the effective date of this Act.

26

not later than six months after the effective date of this Act, the

27

Texas Youth Commission shall complete providing the training to

89

As soon as practicable but

S.B.ANo.A103
1

juvenile correctional officers hired before the effective date of

2

this

3

Subsection (b), Section 61.0356, Human Resources Code, as added by

4

this Act.

5
6

Act

that

is

necessary

to

conform

to

the

requirements

of

(b)AAAs soon as practicable after the effective date of this
Act, the Texas Youth Commission shall ensure that:
(1)AAeach

7

correctional

facility

operated

by

the

8

commission that has a dormitory, including an open-bay dormitory,

9

has a ratio of not less than one juvenile correctional officer

10

performing

direct

supervisory

duties

for

every

12

children

11

committed to the facility, as required by Subsection (d), Section

12

61.0356, Human Resources Code, as added by this Act; and

13

(2)AAchildren younger than 15 years of age are assigned

14

to separate correctional facility dorms from persons who are at

15

least 17 years of age as required by Section 61.061, Human Resources

16

Code, as added by this Act.

17

SECTIONA71.AAAs soon as practicable after the effective date

18

of this Act, the governor shall appoint the executive commissioner

19

of the Texas Youth Commission, as required by Section 61.012, Human

20

Resources Code, as amended by this Act, with a term of office

21

expiring February 1, 2009.

22
23

SECTIONA72.AAAs soon as practicable after the effective date
of this Act:

24

(1)AAthe governor shall appoint three members of the

25

advisory

26

Section 61.013, Human Resources Code, as amended by this Act;

27

board

of

the

Texas

Youth

Commission,

as

required

by

(2)AAthe speaker of the house of representatives shall

90

S.B.ANo.A103
1

appoint three members of the advisory board of the Texas Youth

2

Commission, as required by Section 61.013, Human Resources Code, as

3

amended by this Act; and
(3)AAthe

4

lieutenant

governor

shall

appoint

three

5

members of the advisory board of the Texas Youth Commission, as

6

required by Section 61.013, Human Resources Code, as amended by

7

this Act.

8

SECTIONA73.AAA rule adopted by the Texas Youth Commission

9

before the effective date of this Act is a rule of the executive

10

commissioner

of

the

Texas

Youth

Commission

until

11

modified, or repealed by the executive commissioner.

superseded,

12

SECTIONA74.AAThe Health and Human Services Commission, the

13

Texas Youth Commission, and the Texas Juvenile Probation Commission

14

shall jointly establish a timetable for the submission of agency

15

reports required by Section 531.016, Government Code, as added by

16

this Act, as soon as practicable after the effective date of this

17

Act.
SECTIONA75.AABefore

18

October

1,

2007,

the

Texas

Youth

19

Commission shall certify to the Employees Retirement System of

20

Texas, in the manner prescribed by the retirement system, the name

21

of each person employed by the office of inspector general at the

22

Texas Youth Commission as a law enforcement officer, as defined by

23

Section 811.001, Government Code, as amended by this Act, and any

24

other

25

crediting of service and financing of benefits under Subtitle B,

26

Title 8, Government Code.

27

information

the

system

determines

is

necessary

for

the

SECTIONA76.AAAs soon as practicable after the effective date

91

S.B.ANo.A103
1

of

this

Act,

2

prescribed by Section 61.0357, Human Resources Code, as added by

3

this

4

information for each person who is described by Subsection (b),

5

Section 61.0357, Human Resources Code, as added by this Act.

Act,

the

begin

Texas

Youth

obtaining

SECTIONA77.AA(a)AANot

6

Commission

national

later

shall,

criminal

than

in

the

history

September

30,

manner

record

2007,

the

7

board of directors of the special prosecution unit established by

8

Subchapter E, Chapter 41, Government Code, as added by this Act,

9

shall elect the initial members of the executive board of the board

10

of directors as required by Section 41.304, Government Code, as

11

added

12

directors shall specify:

by

this

Act.

(1)AAwhich

13

In

electing

members

those

members,

serve

terms

the

board

expiring

of

in

14

even-numbered years and which serve terms expiring in odd-numbered

15

years; and
(2)AAthe beginning and end dates of the terms served by

16
17

the members of the executive board.
(b)AANot

18

later

than

September

30,

2007,

the

board

of

19

directors of the special prosecution unit established by Subchapter

20

E, Chapter 41, Government Code, as added by this Act, shall elect

21

the presiding officer and the assistant presiding officer of the

22

board of directors and the executive board of the board of directors

23

as required by Section 41.305, Government Code, as added by this

24

Act.

25

specify the beginning and end dates of the terms served by the

26

officers.

27

In electing those officers, the board of directors shall

(c)AAAs soon as possible after the effective date of this

92

S.B.ANo.A103
1

Act, the executive board of the board of directors of the special

2

prosecution

3

Government Code, as added by this Act, shall elect the counsellor as

4

required by Section 41.309, Government Code, as added by this Act.

unit

established

SECTIONA78.AAThis

5

Act

by

takes

Subchapter

effect

E,

Chapter

immediately

if

41,

it

6

receives a vote of two-thirds of all the members elected to each

7

house, as provided by Section 39, Article III, Texas Constitution.

8

If

9

effect, this Act takes effect September 1, 2007.

this

Act

does

not

receive

the

93

vote

necessary

for

immediate

S.B.ANo.A103

______________________________AAAA______________________________
President of the SenateAAAAAAAAAAAAASpeaker of the House
I

hereby

certify

AprilA19,A2007,

by

that

the

S.B.ANo.A103

following

passed

the

Senate

vote:AAYeasA30,

on

NaysA0;

MayA10,A2007, Senate refused to concur in House amendments and
requested appointment of Conference Committee; MayA14,A2007, House
granted

request

Conference

of

the

Committee

Senate;

Report

by

MayA24,A2007,
the

Senate

following

adopted

vote:AAYeasA30,

NaysA0.

______________________________
AAAASecretary of the Senate
I hereby certify that S.B.ANo.A103 passed the House, with
amendments,
NaysA0,

on

three

MayA8,A2007,
present

not

by

the

voting;

following

vote:AAYeasA141,

MayA14,A2007,

House

granted

request of the Senate for appointment of Conference Committee;
MayA25,A2007,

House

adopted

Conference

Committee

Report

by

the

following vote:AAYeasA137, NaysA0, one present not voting.

______________________________
AAAAChief Clerk of the House

Approved:

______________________________
AAAAAAAAAAAADate

______________________________
AAAAAAAAAAAGovernor

94