Bill Text: TX HB1549 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to nonsubstantive corrections in statutes to references to the Texas Youth Commission and Texas Juvenile Probation Commission.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB1549 Detail]

Download: Texas-2015-HB1549-Enrolled.html

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H.B. No. 1549

AN ACT
relating to nonsubstantive corrections in statutes to references to
the Texas Youth Commission and Texas Juvenile Probation Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
of action based on conduct described in Section 104.002, the state
shall indemnify the following persons, without regard to whether
the persons performed their services for compensation, for actual
damages, court costs, and attorney's fees adjudged against:
(1) an employee, a member of the governing board, or
any other officer of a state agency, institution, or department;
(2) a former employee, former member of the governing
board, or any other former officer of a state agency, institution,
or department who was an employee or officer when the act or
omission on which the damages are based occurred;
(3) a physician or psychiatrist licensed in this state
who was performing services under a contract with any state agency,
institution, or department or a racing official performing services
under a contract with the Texas Racing Commission when the act or
omission on which the damages are based occurred;
(3-a) a phlebotomist licensed in this state who was
performing services under a contract with the Texas Department of
Criminal Justice when the act or omission on which the damages are
based occurred;
(4) a chaplain or spiritual advisor who was performing
services under contract with the Texas Department of Criminal
Justice [, the Texas Youth Commission,] or the Texas Juvenile
Justice Department [Probation Commission] when the act or omission
on which the damages are based occurred;
(5) a person serving on the governing board of a
foundation, corporation, or association at the request and on
behalf of an institution of higher education, as that term is
defined by Section 61.003(8), Education Code, not including a
public junior college;
(6) a state contractor who signed a waste manifest as
required by a state contract; or
(7) the estate of a person listed in this section.
SECTION 2. Article 13.34, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.34. CERTAIN OFFENSES COMMITTED AGAINST A CHILD
COMMITTED TO THE TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH
COMMISSION]. An offense described by Article 104.003(a) committed
by an employee or officer of the Texas Juvenile Justice Department
[Youth Commission] or a person providing services under a contract
with the department [commission] against a child committed to the
department [commission] may be prosecuted in:
(1) any county in which an element of the offense
occurred; or
(2) Travis County.
SECTION 3. Article 15.27(c), Code of Criminal Procedure, is
amended to read as follows:
(c) A parole, probation, or community supervision office,
including a community supervision and corrections department, a
juvenile probation department, the paroles division of the Texas
Department of Criminal Justice, and the Texas Juvenile Justice
Department [Youth Commission], having jurisdiction over a student
described by Subsection (a), (b), or (e) who transfers from a school
or is subsequently removed from a school and later returned to a
school or school district other than the one the student was
enrolled in when the arrest, referral to a juvenile court,
conviction, or adjudication occurred shall within 24 hours of
learning of the student's transfer or reenrollment, or before the
next school day, whichever is earlier, notify the superintendent or
a person designated by the superintendent of the school district to
which the student transfers or is returned or, in the case of a
private school, the principal or a school employee designated by
the principal of the school to which the student transfers or is
returned of the arrest or referral in a manner similar to that
provided for by Subsection (a) or (e)(1), or of the conviction or
delinquent adjudication in a manner similar to that provided for by
Subsection (b) or (e)(2). The superintendent of the school
district to which the student transfers or is returned or, in the
case of a private school, the principal of the school to which the
student transfers or is returned shall, within 24 hours of
receiving notification under this subsection or before the next
school day, whichever is earlier, notify all instructional and
support personnel who have regular contact with the student.
SECTION 4. Article 38.43(c), Code of Criminal Procedure, is
amended to read as follows:
(c) An entity or individual described by Subsection (b)
shall ensure that biological evidence collected pursuant to an
investigation or prosecution of a felony offense or conduct
constituting a felony offense is retained and preserved:
(1) for not less than 40 years, or until the applicable
statute of limitations has expired, if there is an unapprehended
actor associated with the offense; or
(2) in a case in which a defendant has been convicted,
placed on deferred adjudication community supervision, or
adjudicated as having engaged in delinquent conduct and there are
no additional unapprehended actors associated with the offense:
(A) until the inmate is executed, dies, or is
released on parole, if the defendant is convicted of a capital
felony;
(B) until the defendant dies, completes the
defendant's sentence, or is released on parole or mandatory
supervision, if the defendant is sentenced to a term of confinement
or imprisonment in the Texas Department of Criminal Justice;
(C) until the defendant completes the
defendant's term of community supervision, including deferred
adjudication community supervision, if the defendant is placed on
community supervision;
(D) until the defendant dies, completes the
defendant's sentence, or is released on parole, mandatory
supervision, or juvenile probation, if the defendant is committed
to the Texas Juvenile Justice Department [Youth Commission]; or
(E) until the defendant completes the
defendant's term of juvenile probation, including a term of
community supervision upon transfer of supervision to a criminal
court, if the defendant is placed on juvenile probation.
SECTION 5. Article 49.18(d)(3), Code of Criminal Procedure,
is amended to read as follows:
(3) "State juvenile facility" means any facility or
halfway house:
(A) operated by or under contract with the Texas
Juvenile Justice Department [Youth Commission]; or
(B) described by Section 51.02(13) or (14),
Family Code.
SECTION 6. Articles 60.03(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Criminal justice agencies, the Legislative Budget
Board, and the council are entitled to access to the data bases of
the Department of Public Safety, the Texas Juvenile Justice
Department [Probation Commission, the Texas Youth Commission], and
the Texas Department of Criminal Justice in accordance with
applicable state or federal law or regulations. The access granted
by this subsection does not grant an agency, the Legislative Budget
Board, or the council the right to add, delete, or alter data
maintained by another agency.
(b) The council or the Legislative Budget Board may submit
to the Department of Public Safety, the Texas Juvenile Justice
Department [Probation Commission, the Texas Youth Commission], and
the Texas Department of Criminal Justice an annual request for a
data file containing data elements from the departments'
systems. The Department of Public Safety, the Texas Juvenile
Justice Department [Probation Commission, the Texas Youth
Commission], and the Texas Department of Criminal Justice shall
provide the council and the Legislative Budget Board with that data
file for the period requested, in accordance with state and federal
law and regulations. If the council submits data file requests
other than the annual data file request, the director of the agency
maintaining the requested records must approve the request. The
Legislative Budget Board may submit data file requests other than
the annual data file request without the approval of the director of
the agency maintaining the requested records.
SECTION 7. Article 61.01(9), Code of Criminal Procedure, is
amended to read as follows:
(9) "Law enforcement agency" does not include the
Texas Department of Criminal Justice, the Texas Juvenile Justice
Department [Probation Commission], or a local juvenile probation
department[, or the Texas Youth Commission].
SECTION 8. Article 61.02(e)(2), Code of Criminal Procedure,
is amended to read as follows:
(2) "Penal institution" means a confinement facility
operated by or under a contract with any division of the Texas
Department of Criminal Justice, a confinement facility operated by
or under contract with the Texas Juvenile Justice Department [Youth
Commission], or a juvenile secure pre-adjudication or
post-adjudication facility operated by or under a local juvenile
probation department, or a county jail.
SECTION 9. Articles 61.06(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) This article does not apply to information collected
under this chapter by the Texas Department of Criminal Justice or
the Texas Juvenile Justice Department [Youth Commission].
(c) In determining whether information is required to be
removed from an intelligence database under Subsection (b), the
five-year period does not include any period during which the
individual who is the subject of the information is:
(1) confined in a correctional facility operated by or
under contract with the Texas Department of Criminal Justice;
(2) committed to a secure correctional facility
operated by or under contract with the Texas Juvenile Justice
Department [Youth Commission], as defined by Section 51.02, Family
Code; or
(3) confined in a county jail or confined in or
committed to a facility operated by a juvenile board in lieu of
being confined in a correctional facility operated by or under
contract with the Texas Department of Criminal Justice or being
committed to a secure correctional facility operated by or under
contract with the Texas Juvenile Justice Department [Youth
Commission].
SECTION 10. Articles 61.07(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) This article does not apply to information collected
under this chapter by the Texas Department of Criminal Justice or
the Texas Juvenile Justice Department [Youth Commission].
(c) In determining whether information is required to be
removed from an intelligence database under Subsection (b), the
two-year period does not include any period during which the child
who is the subject of the information is:
(1) committed to the Texas Juvenile Justice Department
[Youth Commission] for conduct that violates a penal law of the
grade of felony; or
(2) confined in the Texas Department of Criminal
Justice.
SECTION 11. Article 61.08(d), Code of Criminal Procedure,
is amended to read as follows:
(d) A person who is committed to the Texas Juvenile Justice
Department [Youth Commission] or confined in the Texas Department
of Criminal Justice does not while committed or confined have the
right to request review of criminal information under this article.
SECTION 12. Article 61.10(f), Code of Criminal Procedure,
is amended to read as follows:
(f) The task force shall consist of:
(1) a representative of the Department of Public
Safety designated by the director of that agency;
(2) two representatives of the Texas Department of
Criminal Justice, including a representative of the parole
division, designated by the executive director of that agency;
(3) a representative of the office of the inspector
general of the Texas Department of Criminal Justice designated by
the inspector general;
(4) two representatives [a representative] of the
Texas Juvenile Justice Department [Youth Commission] designated by
the executive director of that agency;
(5) [a representative of the Texas Juvenile Probation
Commission designated by the executive director of that agency;
[(6)] a representative of the office of the attorney
general designated by the attorney general;
(6) [(7)] six representatives who are local law
enforcement officers or local community supervision personnel,
including juvenile probation personnel, designated by the
governor; and
(7) [(8)] two representatives who are local
prosecutors designated by the governor.
SECTION 13. Article 62.001(3), Code of Criminal Procedure,
is amended to read as follows:
(3) "Penal institution" means a confinement facility
operated by or under a contract with any division of the Texas
Department of Criminal Justice, a confinement facility operated by
or under contract with the Texas Juvenile Justice Department [Youth
Commission], or a juvenile secure pre-adjudication or
post-adjudication facility operated by or under a local juvenile
probation department, or a county jail.
SECTION 14. Articles 62.007(d) and (e), Code of Criminal
Procedure, are amended to read as follows:
(d) The risk assessment review committee, the Texas
Department of Criminal Justice, the Texas Juvenile Justice
Department [Youth Commission], or a court may override a risk level
only if the entity:
(1) believes that the risk level assessed is not an
accurate prediction of the risk the offender poses to the
community; and
(2) documents the reason for the override in the
offender's case file.
(e) Notwithstanding Chapter 58, Family Code, records and
files, including records that have been sealed under Section 58.003
of that code, relating to a person for whom a court, the Texas
Department of Criminal Justice, or the Texas Juvenile Justice
Department [Youth Commission] is required under this article to
determine a level of risk shall be released to the court, the Texas
Department of Criminal Justice [department], or the Texas Juvenile
Justice Department [commission], as appropriate, for the purpose of
determining the person's risk level.
SECTION 15. Article 62.008, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.008. GENERAL IMMUNITY. The following persons are
immune from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, [the Texas Youth Commission,] the Texas Juvenile
Justice Department [Probation Commission], the Department of
Public Safety, the Board of Pardons and Paroles, or a local law
enforcement authority;
(2) an employee or officer of a community supervision
and corrections department or a juvenile probation department;
(3) a member of the judiciary; and
(4) a member of the risk assessment review committee
established under Article 62.007.
SECTION 16. Article 62.010, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.010. RULEMAKING AUTHORITY. The Texas Department of
Criminal Justice, [the Texas Youth Commission,] the Texas Juvenile
Justice Department [Probation Commission], and the department may
adopt any rule necessary to implement this chapter.
SECTION 17. Article 62.051(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The department shall provide the Texas Department of
Criminal Justice, [the Texas Youth Commission,] the Texas Juvenile
Justice Department [Probation Commission], and each local law
enforcement authority, authority for campus security, county jail,
and court with a form for registering persons required by this
chapter to register.
SECTION 18. Article 104.003(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In a prosecution of a criminal offense or delinquent
conduct committed on property owned or operated by or under
contract with the Texas Department of Criminal Justice or the Texas
Juvenile Justice Department [Youth Commission], or committed by or
against a person in the custody of the Texas Department of Criminal
Justice or the Texas Juvenile Justice Department [department or
commission] while the person is performing a duty away from Texas
Department of Criminal Justice or Texas Juvenile Justice Department
[department or commission] property, the state shall reimburse the
county for expenses incurred by the county, in an amount that the
court determines to be reasonable, for payment of:
(1) salaries and expenses of foreign language
interpreters and interpreters for deaf persons whose services are
necessary to the prosecution;
(2) consultation fees of experts whose assistance is
directly related to the prosecution;
(3) travel expenses for witnesses;
(4) expenses for the food, lodging, and compensation
of jurors;
(5) compensation of witnesses;
(6) the cost of preparation of a statement of facts and
a transcript of the trial for purposes of appeal;
(7) if the death of a person is an element of the
offense, expenses of an inquest relating to the death;
(8) food, lodging, and travel expenses incurred by the
prosecutor's staff during travel essential to the prosecution of
the offense;
(9) court reporter's fees; and
(10) the cost of special security officers.
SECTION 19. Section 1.001(b), Education Code, is amended to
read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this
code does not apply to students, facilities, or programs under the
jurisdiction of the Department of Aging and Disability Services,
the Department of State Health Services, the Health and Human
Services Commission, the Texas Juvenile Justice Department [Youth
Commission], the Texas Department of Criminal Justice, a Job Corps
program operated by or under contract with the United States
Department of Labor, or any juvenile probation agency.
SECTION 20. Section 7.055(b)(26), Education Code, is
amended to read as follows:
(26) The commissioner, with the assistance of the
comptroller, shall determine amounts to be distributed to the Texas
School for the Blind and Visually Impaired and the Texas School for
the Deaf as provided by Section 30.003 and to the Texas Juvenile
Justice Department [Youth Commission] as provided by Section
30.102.
SECTION 21. Section 25.042, Education Code, is amended to
read as follows:
Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS
JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION] FACILITIES. A
school-age child of an employee of a facility of the Texas Juvenile
Justice Department [Youth Commission] is entitled to attend school
in a school district adjacent to the district in which the student
resides free of any charge to the student's parents or guardian.
Any tuition charge required by the admitting district shall be paid
by the district from which the student transfers out of any funds
appropriated to the facility.
SECTION 22. Section 29.012(d), Education Code, is amended
to read as follows:
(d) The Texas Education Agency, the Texas Department of
Mental Health and Mental Retardation, the Texas Department of Human
Services, the Texas Department of Health, the Department of
Protective and Regulatory Services, the Interagency Council on
Early Childhood Intervention, the Texas Commission on Alcohol and
Drug Abuse, and the Texas Juvenile Justice Department [Probation
Commission, and the Texas Youth Commission] by a cooperative effort
shall develop and by rule adopt a memorandum of understanding. The
memorandum must:
(1) establish the respective responsibilities of
school districts and of residential facilities for the provision of
a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and its subsequent amendments, including each requirement
for children with disabilities who reside in those facilities;
(2) coordinate regulatory and planning functions of
the parties to the memorandum;
(3) establish criteria for determining when a public
school will provide educational services;
(4) provide for appropriate educational space when
education services will be provided at the residential facility;
(5) establish measures designed to ensure the safety
of students and teachers; and
(6) provide for binding arbitration consistent with
Chapter 2009, Government Code, and Section 154.027, Civil Practice
and Remedies Code.
SECTION 23. Section 29.087(d), Education Code, is amended
to read as follows:
(d) A student is eligible to participate in a program
authorized by this section if:
(1) the student has been ordered by a court under
Article 45.054, Code of Criminal Procedure, [as added by Chapter
1514, Acts of the 77th Legislature, Regular Session, 2001,] or by
the Texas Juvenile Justice Department [Youth Commission] to:
(A) participate in a preparatory class for the
high school equivalency examination; or
(B) take the high school equivalency examination
administered under Section 7.111; or
(2) the following conditions are satisfied:
(A) the student is at least 16 years of age at the
beginning of the school year or semester;
(B) the student is a student at risk of dropping
out of school, as defined by Section 29.081;
(C) the student and the student's parent or
guardian agree in writing to the student's participation;
(D) at least two school years have elapsed since
the student first enrolled in ninth grade and the student has
accumulated less than one third of the credits required to graduate
under the minimum graduation requirements of the district or
school; and
(E) any other conditions specified by the
commissioner.
SECTION 24. The heading to Subchapter E, Chapter 30,
Education Code, is amended to read as follows:
SUBCHAPTER E. TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]
FACILITIES
SECTION 25. Section 30.101, Education Code, is amended to
read as follows:
Sec. 30.101. PURPOSE. The purpose of this subchapter is to
provide the state available school fund apportionment to children
committed to the Texas Juvenile Justice Department [Youth
Commission]. To provide the state available school fund
apportionment for educational purposes, the educational programs
provided to those children are considered to be educational
services provided by public schools.
SECTION 26. Section 30.102, Education Code, is amended to
read as follows:
Sec. 30.102. ALLOCATION. (a) The Texas Juvenile Justice
Department [Youth Commission] is entitled to receive the state
available school fund apportionment based on the average daily
attendance in the department's [commission's] educational programs
of students who are at least three years of age and not older than 21
years of age.
(b) A classroom teacher, full-time librarian, full-time
school counselor certified under Subchapter B, Chapter 21, or
full-time school nurse employed by the department [commission] is
entitled to receive as a minimum salary the monthly salary
specified by Section 21.402. A classroom teacher, full-time
librarian, full-time school counselor, or full-time school nurse
may be paid, from funds appropriated to the department
[commission], a salary in excess of the minimum specified by that
section, but the salary may not exceed the rate of pay for a similar
position in the public schools of an adjacent school district.
(c) The commissioner, with the assistance of the
comptroller, shall determine the amount that the department
[commission] would have received from the available school fund if
Chapter 28, Acts of the 68th Legislature, 2nd Called Session, 1984,
had not transferred statutorily dedicated taxes from the available
school fund to the foundation school fund. That amount, minus any
amount the schools do receive from the available school fund, shall
be set apart as a separate account in the foundation school fund and
appropriated to the department [commission] for educational
purposes.
SECTION 27. Section 30.103, Education Code, is amended to
read as follows:
Sec. 30.103. MEMORANDUM OF UNDERSTANDING. The Texas
Juvenile Justice Department [Youth Commission] with the assistance
of the Texas Workforce Commission and the Texas Workforce
Investment Council shall by rule adopt a memorandum of
understanding that establishes the respective responsibility of
those entities to provide through local workforce development
boards job training and employment assistance programs to children
committed or formerly sentenced to the department [Texas Youth
Commission]. The department [Texas Youth Commission] shall
coordinate the development of the memorandum of understanding and
include in its annual report information describing the number of
children in the preceding year receiving services under the
memorandum.
SECTION 28. Section 30.104, Education Code, is amended to
read as follows:
Sec. 30.104. CREDIT FOR COMPLETION OF EDUCATIONAL PROGRAMS;
HIGH SCHOOL DIPLOMA AND CERTIFICATE. (a) A school district shall
grant to a student credit toward the academic course requirements
for high school graduation for courses the student successfully
completes in Texas Juvenile Justice Department [Youth Commission]
educational programs.
(b) A student may graduate and receive a diploma from a
department [Texas Youth Commission] educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) and complies with Section 39.025; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
(c) A department [Texas Youth Commission] educational
program may issue a certificate of course-work completion to a
student who successfully completes the curriculum requirements
identified by the State Board of Education under Section 28.025(a)
but who fails to comply with Section 39.025.
SECTION 29. Section 30.106, Education Code, is amended to
read as follows:
Sec. 30.106. READING AND BEHAVIOR PLAN. (a) Because
learning and behavior are inextricably linked and learning and
improved behavior correlate with decreased recidivism rates, the
Texas Juvenile Justice Department [Youth Commission] shall not only
fulfill the department's [commission's] duties under state and
federal law to provide general and special educational services to
students in department [commission] educational programs but also
shall implement a comprehensive plan to improve the reading skills
and behavior of those students.
(b) To improve the reading skills of students in department
[Texas Youth Commission] educational programs, the department
[commission] shall:
(1) adopt a reliable battery of reading assessments
that:
(A) are based on a normative sample appropriate
to students in department [commission] educational programs;
(B) are designed to be administered on an
individual basis; and
(C) allow school employees to:
(i) evaluate performance in each essential
component of effective reading instruction, including phonemic
awareness, phonics, fluency, vocabulary, and comprehension;
(ii) monitor progress in areas of
deficiency specific to an individual student; and
(iii) provide reading performance data;
(2) administer the assessments adopted under
Subdivision (1):
(A) at periodic intervals not to exceed 12
months, to each student in a department [commission] educational
program; and
(B) at least 15 days and not more than 30 days
before a student is released from the department [commission];
(3) provide at least 60 minutes per school day of
individualized reading instruction to each student in a department
[commission] educational program who exhibits deficits in reading
on the assessments adopted under Subdivision (1):
(A) by trained educators with expertise in
teaching reading to struggling adolescent readers; and
(B) through the use of scientifically based,
peer-reviewed reading curricula that:
(i) have proven effective in improving the
reading performance of struggling adolescent readers;
(ii) address individualized and
differentiated reading goals; and
(iii) include each of the essential
components of effective reading instruction, including phonemic
awareness, phonics, fluency, vocabulary, and comprehension;
(4) require each teacher in a department [commission]
regular or special educational program who teaches English language
arts, reading, mathematics, science, social studies, or career and
technology education to be trained in incorporating content area
reading instruction using empirically validated instructional
methods that are appropriate for struggling adolescent readers; and
(5) evaluate the effectiveness of the department's
[commission's] plan to increase reading skills according to the
following criteria:
(A) an adequate rate of improvement in reading
performance, as measured by monthly progress monitoring using
curricular-based assessments in each of the essential components of
effective reading instruction, including phonemic awareness,
phonics, fluency, vocabulary, and comprehension;
(B) a significant annual rate of improvement in
reading performance, disaggregated by subgroups designated under
department [commission] rule, as measured using the battery of
reading assessments adopted under Subdivision (1); and
(C) student ratings of the quality and impact of
the reading plan under this subsection, as measured on a student
self-reporting instrument.
(c) To increase the positive social behaviors of students in
department [Texas Youth Commission] educational programs and to
create an educational environment that facilitates learning, the
department [commission] shall:
(1) adopt system-wide classroom and individual
positive behavior supports that incorporate a continuum of
prevention and intervention strategies that:
(A) are based on current behavioral research; and
(B) are systematically and individually applied
to students consistent with the demonstrated level of need;
(2) require each teacher and other educational staff
member in a department [commission] educational program to be
trained in implementing the positive behavior support system
adopted under Subdivision (1); and
(3) adopt valid assessment techniques to evaluate the
effectiveness of the positive behavior support system according to
the following criteria:
(A) documentation of school-related disciplinary
referrals, disaggregated by the type, location, and time of
infraction and by subgroups designated under department
[commission] rule;
(B) documentation of school-related disciplinary
actions, including time-out, placement in security, and use of
restraints and other aversive control measures, disaggregated by
subgroups designated under department [commission] rule;
(C) validated measurement of systemic positive
behavioral support interventions; and
(D) the number of minutes students are out of the
regular classroom because of disciplinary reasons.
(d) The department [Texas Youth Commission] shall consult
with faculty from institutions of higher education who have
expertise in reading instruction for adolescents, in juvenile
corrections, and in positive behavior supports to develop and
implement the plan under Subsections (b) and (c).
(e) A student in a department [Texas Youth Commission]
educational program may not be released on parole from the
department [commission] unless the student participates, to the
extent required by department [commission] rule, in the positive
behavior support system under Subsection (c). A student in a
department [commission] educational program who exhibits deficits
in reading on the assessments adopted under Subsection (b)(1) must
also participate in reading instruction to the extent required by
this section and by department [commission] rule before the student
may be released on parole.
SECTION 30. Section 30A.105(c), Education Code, is amended
to read as follows:
(c) The agency shall pay the reasonable costs of evaluating
and approving electronic courses. If funds available to the agency
for that purpose are insufficient to pay the costs of evaluating and
approving all electronic courses submitted for evaluation and
approval, the agency shall give priority to paying the costs of
evaluating and approving the following courses:
(1) courses that satisfy high school graduation
requirements;
(2) courses that would likely benefit a student in
obtaining admission to a postsecondary institution;
(3) courses, including dual credit courses, that allow
a student to earn college credit or other advanced credit;
(4) courses in subject areas most likely to be highly
beneficial to students receiving educational services under the
supervision of a juvenile probation department, the Texas Juvenile
Justice Department [Youth Commission], or the Texas Department of
Criminal Justice; and
(5) courses in subject areas designated by the
commissioner as commonly experiencing a shortage of teachers.
SECTION 31. Section 31.021(c), Education Code, is amended
to read as follows:
(c) Money in the state instructional materials fund shall be
used to:
(1) fund the instructional materials allotment, as
provided by Section 31.0211;
(2) purchase special instructional materials for the
education of blind and visually impaired students in public
schools;
(3) pay the expenses associated with the instructional
materials adoption and review process under this chapter;
(4) pay the expenses associated with the purchase or
licensing of open-source instructional material;
(5) pay the expenses associated with the purchase of
instructional material, including intrastate freight and shipping
and the insurance expenses associated with intrastate freight and
shipping;
(6) fund the technology lending grant program
established under Section 32.201; and
(7) provide funding to the Texas School for the Blind
and Visually Impaired, the Texas School for the Deaf, and the Texas
Juvenile Justice Department [Youth Commission].
SECTION 32. Sections 37.0062(a), (b), and (d), Education
Code, are amended to read as follows:
(a) The commissioner shall determine the instructional
requirements for education services provided by a school district
or open-enrollment charter school in a pre-adjudication secure
detention facility or a post-adjudication secure correctional
facility operated by a juvenile board or a post-adjudication secure
correctional facility operated under contract with the Texas
Juvenile Justice Department [Youth Commission], including
requirements relating to:
(1) the length of the school day;
(2) the number of days of instruction provided to
students each school year; and
(3) the curriculum of the educational program.
(b) The commissioner shall coordinate with the Texas
Juvenile Justice Department in determining the instructional
requirements for education services provided under Subsection (a):
(1) [the Texas Juvenile Probation Commission in
determining the instructional requirements for education services
provided under Subsection (a)] in a pre-adjudication secure
detention facility or a post-adjudication secure correctional
facility operated by a juvenile board; and
(2) [the Texas Youth Commission in determining the
instructional requirements for education services provided under
Subsection (a)] in a post-adjudication secure correctional
facility operated under contract with the department [Texas Youth
Commission].
(d) The Texas Juvenile Justice Department [Probation
Commission or the Texas Youth Commission, as applicable,] shall
coordinate with the commissioner in establishing standards for:
(1) ensuring security in the provision of education
services in the facilities; and
(2) providing children in the custody of the
facilities access to education services.
SECTION 33. Sections 37.011(a), (a-1), (f), (g), and (h),
Education Code, are amended to read as follows:
(a) The juvenile board of a county with a population greater
than 125,000 shall develop a juvenile justice alternative education
program, subject to the approval of the Texas Juvenile Justice
Department [Probation Commission]. The juvenile board of a county
with a population of 125,000 or less may develop a juvenile justice
alternative education program. For the purposes of this
subchapter, only a disciplinary alternative education program
operated under the authority of a juvenile board of a county is
considered a juvenile justice alternative education program. A
juvenile justice alternative education program in a county with a
population of 125,000 or less:
(1) is not required to be approved by the department
[Texas Juvenile Probation Commission]; and
(2) is not subject to Subsection (c), (d), (f), or (g).
(a-1) For purposes of this section and Section 37.010(a), a
county with a population greater than 125,000 is considered to be a
county with a population of 125,000 or less if:
(1) the county had a population of 125,000 or less
according to the 2000 federal census; and
(2) the juvenile board of the county enters into, with
the approval of the Texas Juvenile Justice Department [Probation
Commission], a memorandum of understanding with each school
district within the county that:
(A) outlines the responsibilities of the board
and school districts in minimizing the number of students expelled
without receiving alternative educational services; and
(B) includes the coordination procedures
required by Section 37.013.
(f) A juvenile justice alternative education program must
operate at least seven hours per day and 180 days per year, except
that a program may apply to the Texas Juvenile Justice Department
[Probation Commission] for a waiver of the 180-day requirement.
The department [commission] may not grant a waiver to a program
under this subsection for a number of days that exceeds the highest
number of instructional days waived by the commissioner during the
same school year for a school district served by the program.
(g) A juvenile justice alternative education program shall
be subject to a written operating policy developed by the local
juvenile justice board and submitted to the Texas Juvenile Justice
Department [Probation Commission] for review and comment. A
juvenile justice alternative education program is not subject to a
requirement imposed by this title, other than a reporting
requirement or a requirement imposed by this chapter or by Chapter
39.
(h) Academically, the mission of juvenile justice
alternative education programs shall be to enable students to
perform at grade level. For purposes of accountability under
Chapter 39, a student enrolled in a juvenile justice alternative
education program is reported as if the student were enrolled at the
student's assigned campus in the student's regularly assigned
education program, including a special education program. Annually
the Texas Juvenile Justice Department [Probation Commission], with
the agreement of the commissioner, shall develop and implement a
system of accountability consistent with Chapter 39, where
appropriate, to assure that students make progress toward grade
level while attending a juvenile justice alternative education
program. The department [Texas Juvenile Probation Commission]
shall adopt rules for the distribution of funds appropriated under
this section to juvenile boards in counties required to establish
juvenile justice alternative education programs. Except as
determined by the commissioner, a student served by a juvenile
justice alternative education program on the basis of an expulsion
required under Section 37.007(a), (d), or (e) is not eligible for
Foundation School Program funding under Chapter 42 or 31 if the
juvenile justice alternative education program receives funding
from the department [Texas Juvenile Probation Commission] under
this subchapter.
SECTION 34. Section 37.084(b), Education Code, is amended
to read as follows:
(b) The commissioner may enter into an interagency
agreement to share educational information for research and
analytical purposes with the:
(1) Texas Juvenile Justice Department [Probation
Commission]; and
(2) [Texas Youth Commission;
[(3)] Texas Department of Criminal Justice[; and
[(4) Criminal Justice Policy Council].
SECTION 35. Sections 37.203(a) and (b), Education Code, are
amended to read as follows:
(a) The center is advised by a board of directors composed
of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) the executive director of the Texas Juvenile
Justice Department [Probation Commission], or the executive
director's designee;
(4) [the executive commissioner of the Texas Youth
Commission, or the executive commissioner's designee;
[(5)] the commissioner of the Department of State
Health Services, or the commissioner's designee;
(5) [(6)] the commissioner of higher education, or the
commissioner's designee; and
(6) [(7)] the following members appointed by the
governor with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
(b) Members of the board appointed under Subsection (a)(6)
[(a)(7)] serve staggered two-year terms, with the terms of the
members described by Subsections (a)(6)(A)-(E) [(a)(7)(A)-(E)]
expiring on February 1 of each odd-numbered year and the terms of
the members described by Subsections (a)(6)(F)-(I) [(a)(7)(F)-(I)]
expiring on February 1 of each even-numbered year. A member may
serve more than one term.
SECTION 36. Section 52.40(a), Education Code, is amended to
read as follows:
(a) The board may cancel the repayment of a loan received by
a student who earns a doctorate of psychology degree and who, prior
to the date on which repayment of the loan is to commence, is
employed by the Department of Aging and Disability Services, the
Department of State Health Services, or the Health and Human
Services Commission and performs duties formerly performed by
employees of the Texas Department of Human Services or Texas
Department of Mental Health and Mental Retardation, the Texas
Juvenile Justice Department [Youth Commission], or the Texas
Department of Criminal Justice.
SECTION 37. Section 32.001(b), Family Code, is amended to
read as follows:
(b) Except as otherwise provided by this subsection, the
Texas Juvenile Justice Department [Youth Commission] may consent to
the medical, dental, psychological, and surgical treatment of a
child committed to the department [Texas Youth Commission] under
Title 3 when the person having the right to consent has been
contacted and that person has not given actual notice to the
contrary. Consent for medical, dental, psychological, and
surgical treatment of a child for whom the Department of Family and
Protective Services has been appointed managing conservator and who
is committed to the Texas Juvenile Justice Department [Youth
Commission] is governed by Sections 266.004, 266.009, and 266.010.
SECTION 38. Section 32.101(d), Family Code, is amended to
read as follows:
(d) The Texas Juvenile Justice Department [Youth
Commission] may consent to the immunization of a child committed to
it if a parent, managing conservator, or guardian of the minor or
other person who, under the law of another state or court order, may
consent for the minor has been contacted and:
(1) refuses to consent; and
(2) does not expressly deny to the department [Texas
Youth Commission] the authority to consent for the child.
SECTION 39. Section 51.031(b), Family Code, is amended to
read as follows:
(b) For purposes of this section, an adjudication is final
if the child is placed on probation or committed to the Texas
Juvenile Justice Department [Youth Commission].
SECTION 40. Section 51.06(b), Family Code, is amended to
read as follows:
(b) An application for a writ of habeas corpus brought by or
on behalf of a person who has been committed to an institution under
the jurisdiction of the Texas Juvenile Justice Department [Youth
Commission] and which attacks the validity of the judgment of
commitment shall be brought in the county in which the court that
entered the judgment of commitment is located.
SECTION 41. Section 51.10(b), Family Code, is amended to
read as follows:
(b) The child's right to representation by an attorney shall
not be waived in:
(1) a hearing to consider transfer to criminal court
as required by Section 54.02 [of this code];
(2) an adjudication hearing as required by Section
54.03 [of this code];
(3) a disposition hearing as required by Section 54.04
[of this code];
(4) a hearing prior to commitment to the Texas
Juvenile Justice Department [Youth Commission] as a modified
disposition in accordance with Section 54.05(f) [of this code]; or
(5) hearings required by Chapter 55 [of this code].
SECTION 42. Section 51.101(e), Family Code, is amended to
read as follows:
(e) The juvenile court shall determine whether the child's
family is indigent if a motion or petition is filed under Section
54.05 seeking to modify disposition by committing the child to the
Texas Juvenile Justice Department [Youth Commission] or placing the
child in a secure correctional facility. A court that makes a
finding of indigence shall appoint an attorney to represent the
child on or before the fifth working day after the date the petition
or motion has been filed. An attorney appointed under this
subsection shall continue to represent the child until the court
rules on the motion or petition, the family retains an attorney, or
a new attorney is appointed.
SECTION 43. Section 51.102(b), Family Code, is amended to
read as follows:
(b) A plan adopted under Subsection (a) must:
(1) to the extent practicable, comply with the
requirements of Article 26.04, Code of Criminal Procedure, except
that:
(A) the income and assets of the child's parent
or other person responsible for the child's support must be used in
determining whether the child is indigent; and
(B) any alternative plan for appointing counsel
is established by the juvenile board in the county; and
(2) recognize the differences in qualifications and
experience necessary for appointments to cases in which:
(A) the allegation is:
(i) conduct indicating a need for
supervision or delinquent conduct, and commitment to the Texas
Juvenile Justice Department [Youth Commission] is not an authorized
disposition; or
(ii) delinquent conduct, and commitment to
the department [Texas Youth Commission] without a determinate
sentence is an authorized disposition; or
(B) determinate sentence proceedings have been
initiated or proceedings for discretionary transfer to criminal
court have been initiated.
SECTION 44. Sections 51.12(c), (c-1), (h), (i), (j), (l),
and (m), Family Code, are amended to read as follows:
(c) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile pre-adjudication secure
detention facilities that are located in the county at least
annually and shall certify in writing to the authorities
responsible for operating and giving financial support to the
facilities and to the Texas Juvenile Justice Department [Probation
Commission] that the facilities are suitable or unsuitable for the
detention of children. In determining whether a facility is
suitable or unsuitable for the detention of children, the juvenile
court judges and juvenile board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the department [Texas
Juvenile Probation Commission], including the report provided
under Subsection (c-1), and the status of any required corrective
actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) current building inspector certification
regarding the facility's compliance with local building codes;
(4) for the 12-month period preceding the inspection,
the total number of allegations of abuse, neglect, or exploitation
reported by the facility and a summary of the findings of any
investigations of abuse, neglect, or exploitation conducted by the
facility, a local law enforcement agency, and the department [Texas
Juvenile Probation Commission];
(5) the availability of health and mental health
services provided to facility residents;
(6) the availability of educational services provided
to facility residents; and
(7) the overall physical appearance of the facility,
including the facility's security, maintenance, cleanliness, and
environment.
(c-1) The Texas Juvenile Justice Department [Probation
Commission] shall annually inspect each public or private juvenile
pre-adjudication secure detention facility. The department [Texas
Juvenile Probation Commission] shall provide a report to each
juvenile court judge presiding in the same county as an inspected
facility indicating whether the facility is suitable or unsuitable
for the detention of children in accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication secure confinement promulgated by
the department [Texas Juvenile Probation Commission] or, at the
election of the juvenile board of the county in which the facility
is located, the current standards promulgated by the American
Correctional Association.
(h) This section does not apply to a person:
(1) who has been transferred to criminal court for
prosecution under Section 54.02 and is at least 17 years of age; or
(2) who is at least 17 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility operated by
or under contract with the Texas Juvenile Justice Department [Youth
Commission]; or
(B) violated a condition of release under
supervision of the department [Texas Youth Commission].
(i) Except for a facility as provided by Subsection (l), a
governmental unit or private entity that operates or contracts for
the operation of a juvenile pre-adjudication secure detention
facility under Subsection (b-1) in this state shall:
(1) register the facility annually with the Texas
Juvenile Justice Department [Probation Commission]; and
(2) adhere to all applicable minimum standards for the
facility.
(j) After being taken into custody, a child may be detained
in a secure detention facility until the child is released under
Section 53.01, 53.012, or 53.02 or until a detention hearing is held
under Section 54.01(a), regardless of whether the facility has been
certified under Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Juvenile Justice Department [Probation Commission];
and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
(l) A child who is taken into custody and required to be
detained under Section 53.02(f) may be detained in a county jail or
other facility until the child is released under Section 53.02(f)
or until a detention hearing is held as required by Section
54.01(p), regardless of whether the facility complies with the
requirements of this section, if:
(1) a certified juvenile detention facility or a
secure detention facility described by Subsection (j) is not
available in the county in which the child is taken into custody or
in an adjacent county;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is located;
(3) the child is separated by sight and sound from
adults detained in the same facility through architectural design
or time-phasing;
(4) the child does not have any contact with
management or direct-care staff that has contact with adults
detained in the same facility on the same work shift;
(5) the county in which the child is taken into custody
is not located in a metropolitan statistical area as designated by
the United States Bureau of the Census; and
(6) each judge of the juvenile court and a majority of
the members of the juvenile board of the county in which the child
is taken into custody have personally inspected the facility at
least annually and have certified in writing to the Texas Juvenile
Justice Department [Probation Commission] that the facility
complies with the requirements of Subdivisions (3) and (4).
(m) The Texas Juvenile Justice Department [Probation
Commission] may deny, suspend, or revoke the registration of any
facility required to register under Subsection (i) if the facility
fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.
SECTION 45. Sections 51.125(b), (c), (d), and (e), Family
Code, are amended to read as follows:
(b) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile post-adjudication secure
correctional facilities that are not operated by the Texas Juvenile
Justice Department [Youth Commission] and that are located in the
county at least annually and shall certify in writing to the
authorities responsible for operating and giving financial support
to the facilities and to the department [Texas Juvenile Probation
Commission] that the facility or facilities are suitable or
unsuitable for the confinement of children. In determining
whether a facility is suitable or unsuitable for the confinement of
children, the juvenile court judges and juvenile board members
shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the department [Texas
Juvenile Probation Commission], including the report provided
under Subsection (c), and the status of any required corrective
actions; and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Justice Department [Probation
Commission] shall annually inspect each public or private juvenile
post-adjudication secure correctional facility that is not
operated by the department [Texas Youth Commission]. The
department [Texas Juvenile Probation Commission] shall provide a
report to each juvenile court judge presiding in the same county as
an inspected facility indicating whether the facility is suitable
or unsuitable for the confinement of children in accordance with
minimum professional standards for the confinement of children in
post-adjudication secure confinement promulgated by the department
[Texas Juvenile Probation Commission] or, at the election of the
juvenile board of the county in which the facility is located, the
current standards promulgated by the American Correctional
Association.
(d) A governmental unit or private entity that operates or
contracts for the operation of a juvenile post-adjudication secure
correctional facility in this state under Subsection (a), except
for a facility operated by or under contract with the Texas Juvenile
Justice Department [Youth Commission], shall:
(1) register the facility annually with the department
[Texas Juvenile Probation Commission]; and
(2) adhere to all applicable minimum standards for the
facility.
(e) The Texas Juvenile Justice Department [Probation
Commission] may deny, suspend, or revoke the registration of any
facility required to register under Subsection (d) if the facility
fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.
SECTION 46. Section 51.21(b), Family Code, is amended to
read as follows:
(b) A probation department shall report each referral of a
child to a local mental health authority made under Subsection (a)
to the Texas Juvenile Justice Department [Probation Commission] in
a format specified by the Texas Juvenile Justice Department
[commission].
SECTION 47. Section 53.01(e), Family Code, is amended to
read as follows:
(e) If a juvenile board adopts an alternative referral plan
under Subsection (d), the board shall register the plan with the
Texas Juvenile Justice Department [Probation Commission].
SECTION 48. Section 53.03(d), Family Code, is amended to
read as follows:
(d) The juvenile board may adopt a fee schedule for deferred
prosecution services and rules for the waiver of a fee for financial
hardship in accordance with guidelines that the Texas Juvenile
Justice Department [Probation Commission] shall provide. The
maximum fee is $15 a month. If the board adopts a schedule and rules
for waiver, the probation officer or other designated officer of
the court shall collect the fee authorized by the schedule from the
parent, guardian, or custodian of a child for whom a deferred
prosecution is authorized under this section or waive the fee in
accordance with the rules adopted by the board. The officer shall
deposit the fees received under this section in the county treasury
to the credit of a special fund that may be used only for juvenile
probation or community-based juvenile corrections services or
facilities in which a juvenile may be required to live while under
court supervision. If the board does not adopt a schedule and rules
for waiver, a fee for deferred prosecution services may not be
imposed.
SECTION 49. Sections 54.04(e), (i), (k), and (o), Family
Code, are amended to read as follows:
(e) The Texas Juvenile Justice Department [Youth
Commission] shall accept a person properly committed to it by a
juvenile court even though the person may be 17 years of age or
older at the time of commitment.
(i) If the court places the child on probation outside the
child's home or commits the child to the Texas Juvenile Justice
Department [Youth Commission], the court:
(1) shall include in its order its determination that:
(A) it is in the child's best interests to be
placed outside the child's home;
(B) reasonable efforts were made to prevent or
eliminate the need for the child's removal from the home and to make
it possible for the child to return to the child's home; and
(C) the child, in the child's home, cannot be
provided the quality of care and level of support and supervision
that the child needs to meet the conditions of probation; and
(2) may approve an administrative body to conduct
permanency hearings pursuant to 42 U.S.C. Section 675 if required
during the placement or commitment of the child.
(k) Except as provided by Subsection (m), the period to
which a court or jury may sentence a person to commitment to the
Texas Juvenile Justice Department [Youth Commission] with a
transfer to the Texas Department of Criminal Justice under
Subsection (d)(3) applies without regard to whether the person has
previously been adjudicated as having engaged in delinquent
conduct.
(o) In a disposition under this title:
(1) a status offender may not, under any
circumstances, be committed to the Texas Juvenile Justice
Department [Youth Commission] for engaging in conduct that would
not, under state or local law, be a crime if committed by an adult;
(2) a status offender may not, under any circumstances
other than as provided under Subsection (n), be placed in a
post-adjudication secure correctional facility; and
(3) a child adjudicated for contempt of a county,
justice, or municipal court order may not, under any circumstances,
be placed in a post-adjudication secure correctional facility or
committed to the Texas Juvenile Justice Department [Youth
Commission] for that conduct.
SECTION 50. Sections 54.0401(d) and (e), Family Code, are
amended to read as follows:
(d) The Texas Juvenile Justice Department [Probation
Commission] shall establish guidelines for the implementation of
community-based programs described by this section. The juvenile
board of each county to which this section applies shall implement a
community-based program that complies with those guidelines.
(e) The Texas Juvenile Justice Department [Probation
Commission] shall provide grants to selected juvenile boards to
assist with the implementation of a system of community-based
programs under this section.
SECTION 51. Section 54.0411(h), Family Code, is amended to
read as follows:
(h) The legislature shall determine and appropriate the
necessary amount from the juvenile probation diversion fund to the
Texas Juvenile Justice Department [Probation Commission] for the
purchase of services the department [commission] considers
necessary for the diversion of any juvenile who is at risk of
commitment to the department [Texas Youth Commission]. The
department [Texas Juvenile Probation Commission] shall develop
guidelines for the use of the fund. The department [commission] may
not purchase the services if a person responsible for the child's
support or a local juvenile probation department is financially
able to provide the services.
SECTION 52. Section 54.0462(a), Family Code, is amended to
read as follows:
(a) If a child is adjudicated as having engaged in
delinquent conduct that constitutes the commission of a felony and
the provision of a DNA sample is required under Section 54.0409 or
other law, the juvenile court shall order the child, parent, or
other person responsible for the child's support to pay to the court
as a cost of court:
(1) a $50 fee if the disposition of the case includes a
commitment to a facility operated by or under contract with the
Texas Juvenile Justice Department [Youth Commission]; and
(2) a $34 fee if the disposition of the case does not
include a commitment described by Subdivision (1) and the child is
required to submit a DNA sample under Section 54.0409 or other law.
SECTION 53. Section 54.0491(c), Family Code, is amended to
read as follows:
(c) If a child required to attend a criminal street gang
intervention program is committed to the Texas Juvenile Justice
Department [Youth Commission] as a result of the gang-related
conduct, the child must complete the intervention program before
being discharged from the custody of or released under supervision
by the department [commission].
SECTION 54. Sections 54.05(a), (g), and (h), Family Code,
are amended to read as follows:
(a) Except as provided by Subsection (a-1), any
disposition, except a commitment to the Texas Juvenile Justice
Department [Youth Commission], may be modified by the juvenile
court as provided in this section until:
(1) the child reaches:
(A) the child's 18th birthday; or
(B) the child's 19th birthday, if the child was
placed on determinate sentence probation under Section 54.04(q); or
(2) the child is earlier discharged by the court or
operation of law.
(g) Except as provided by Subsection (j), a disposition
based solely on a finding that the child engaged in conduct
indicating a need for supervision may not be modified to commit the
child to the Texas Juvenile Justice Department [Youth Commission].
A new finding in compliance with Section 54.03 must be made that the
child engaged in delinquent conduct that meets the requirements for
commitment under Section 54.04.
(h) A hearing shall be held prior to placement in a
post-adjudication secure correctional facility for a period longer
than 30 days or commitment to the Texas Juvenile Justice Department
[Youth Commission] as a modified disposition. In other disposition
modifications, the child and the child's parent, guardian, guardian
ad litem, or attorney may waive hearing in accordance with Section
51.09.
SECTION 55. Sections 54.06(a) and (b), Family Code, are
amended to read as follows:
(a) At any stage of the proceeding, when a child has been
placed outside the child's home, the juvenile court, after giving
the parent or other person responsible for the child's support a
reasonable opportunity to be heard, shall order the parent or other
person to pay in a manner directed by the court a reasonable sum for
the support in whole or in part of the child or the court shall waive
the payment by order. The court shall order that the payment for
support be made to the local juvenile probation department to be
used only for residential care and other support for the child
unless the child has been committed to the Texas Juvenile Justice
Department [Youth Commission], in which case the court shall order
that the payment be made to the Texas Juvenile Justice Department
[Youth Commission] for deposit in a special account in the general
revenue fund that may be appropriated only for the care of children
committed to the Texas Juvenile Justice Department [commission].
(b) At any stage of the proceeding, when a child has been
placed outside the child's home and the parent of the child is
obligated to pay support for the child under a court order under
Title 5, the juvenile court shall order that the person entitled to
receive the support assign the person's right to support for the
child placed outside the child's home to the local juvenile
probation department to be used for residential care and other
support for the child unless the child has been committed to the
Texas Juvenile Justice Department [Youth Commission], in which
event the court shall order that the assignment be made to the Texas
Juvenile Justice Department [Youth Commission].
SECTION 56. Section 57.002, Family Code, is amended to read
as follows:
Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
victim, or close relative of a deceased victim is entitled to the
following rights within the juvenile justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the court or person appointed by
the court take the safety of the victim or the victim's family into
consideration as an element in determining whether the child should
be detained before the child's conduct is adjudicated;
(3) the right, if requested, to be informed of
relevant court proceedings, including appellate proceedings, and
to be informed in a timely manner if those court proceedings have
been canceled or rescheduled;
(4) the right to be informed, when requested, by the
court or a person appointed by the court concerning the procedures
in the juvenile justice system, including general procedures
relating to:
(A) the preliminary investigation and deferred
prosecution of a case; and
(B) the appeal of the case;
(5) the right to provide pertinent information to a
juvenile court conducting a disposition hearing concerning the
impact of the offense on the victim and the victim's family by
testimony, written statement, or any other manner before the court
renders its disposition;
(6) the right to receive information regarding
compensation to victims as provided by Subchapter B, Chapter 56,
Code of Criminal Procedure, including information related to the
costs that may be compensated under that subchapter and the amount
of compensation, eligibility for compensation, and procedures for
application for compensation under that subchapter, the payment of
medical expenses under Section 56.06, Code of Criminal Procedure,
for a victim of a sexual assault, and when requested, to referral to
available social service agencies that may offer additional
assistance;
(7) the right to be informed, upon request, of
procedures for release under supervision or transfer of the person
to the custody of the Texas Department of Criminal Justice for
parole, to participate in the release or transfer for parole
process, to be notified, if requested, of the person's release,
escape, or transfer for parole proceedings concerning the person,
to provide to the Texas Juvenile Justice Department for inclusion
in the person's file information to be considered by the department
[commission] before the release under supervision or transfer for
parole of the person, and to be notified, if requested, of the
person's release or transfer for parole;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the child
alleged to have committed the conduct and relatives of the child,
before testifying in any proceeding concerning the child, or, if a
separate waiting area is not available, other safeguards should be
taken to minimize the victim's contact with the child and the
child's relatives and witnesses, before and during court
proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to be present at all public court
proceedings related to the conduct of the child as provided by
Section 54.08, subject to that section; and
(12) any other right appropriate to the victim that a
victim of criminal conduct has under Article 56.02 or 56.021, Code
of Criminal Procedure.
(b) In notifying a victim of the release or escape of a
person, the Texas Juvenile Justice Department [Youth Commission]
shall use the same procedure established for the notification of
the release or escape of an adult offender under Article 56.11, Code
of Criminal Procedure.
SECTION 57. Section 57.003(c), Family Code, is amended to
read as follows:
(c) The victim assistance coordinator shall ensure that a
victim, or close relative of a deceased victim, is afforded the
rights granted victims, guardians, and relatives by Section 57.002
and, on request, an explanation of those rights. The victim
assistance coordinator shall work closely with appropriate law
enforcement agencies, prosecuting attorneys, and the Texas
Juvenile Justice Department [Probation Commission, and the Texas
Youth Commission] in carrying out that duty.
SECTION 58. Section 57.004, Family Code, is amended to read
as follows:
Sec. 57.004. NOTIFICATION. A court, a person appointed by
the court, or the Texas Juvenile Justice Department [Youth
Commission] is responsible for notifying a victim, guardian of a
victim, or close relative of a deceased victim of a proceeding under
this chapter only if the victim, guardian of a victim, or close
relative of a deceased victim requests the notification in writing
and provides a current address to which the notification is to be
sent.
SECTION 59. Section 57.005, Family Code, is amended to read
as follows:
Sec. 57.005. LIABILITY. The Texas Juvenile Justice
Department [Youth Commission], a juvenile board, a court, a person
appointed by a court, an attorney for the state, a peace officer, or
a law enforcement agency is not liable for a failure or inability to
provide a right listed under Section 57.002 [of this code].
SECTION 60. Section 58.005(a), Family Code, is amended to
read as follows:
(a) Records and files concerning a child, including
personally identifiable information, and information obtained for
the purpose of diagnosis, examination, evaluation, or treatment or
for making a referral for treatment of a child by a public or
private agency or institution providing supervision of a child by
arrangement of the juvenile court or having custody of the child
under order of the juvenile court may be disclosed only to:
(1) the professional staff or consultants of the
agency or institution;
(2) the judge, probation officers, and professional
staff or consultants of the juvenile court;
(3) an attorney for the child;
(4) a governmental agency if the disclosure is
required or authorized by law;
(5) a person or entity to whom the child is referred
for treatment or services if the agency or institution disclosing
the information has entered into a written confidentiality
agreement with the person or entity regarding the protection of the
disclosed information;
(6) the Texas Department of Criminal Justice and the
Texas Juvenile Justice Department [Probation Commission] for the
purpose of maintaining statistical records of recidivism and for
diagnosis and classification; or
(7) with leave of the juvenile court, any other
person, agency, or institution having a legitimate interest in the
proceeding or in the work of the court.
SECTION 61. Section 58.007(d), Family Code, is amended to
read as follows:
(d) The law enforcement files and records of a person who is
transferred from the Texas Juvenile Justice Department [Youth
Commission] to the Texas Department of Criminal Justice may be
transferred to a central state or federal depository for adult
records on or after the date of transfer.
SECTION 62. Sections 58.0072(a), (c), (d), (e), (f), and
(g), Family Code, are amended to read as follows:
(a) Except as provided by this section, juvenile justice
information collected and maintained by the Texas Juvenile Justice
Department [Probation Commission] for statistical and research
purposes is confidential information for the use of the department
[commission] and may not be disseminated by the department
[commission].
(c) The Texas Juvenile Justice Department [Probation
Commission] may grant the following entities access to juvenile
justice information for research and statistical purposes or for
any other purpose approved by the department [commission]:
(1) criminal justice agencies as defined by Section
411.082, Government Code;
(2) the Texas Education Agency, as authorized under
Section 37.084, Education Code;
(3) any agency under the authority of the Health and
Human Services Commission; or
(4) a public or private university.
(d) The Texas Juvenile Justice Department [Probation
Commission] may grant the following entities access to juvenile
justice information only for a purpose beneficial to and approved
by the department [commission] to:
(1) a person working on a research or statistical
project that:
(A) is funded in whole or in part by state or
federal funds; and
(B) meets the requirements of and is approved by
the department [commission]; or
(2) a governmental entity that has a specific
agreement with the department [commission], if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which the information is given;
(C) ensures the security and confidentiality of
the information; and
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated.
(e) The Texas Juvenile Justice Department [Probation
Commission] shall grant access to juvenile justice information for
legislative purposes under Section 552.008, Government Code.
(f) The Texas Juvenile Justice Department [Probation
Commission] may not release juvenile justice information in
identifiable form, except for information released under
Subsection (c)(1), (2), or (3) or under the terms of an agreement
entered into under Subsection (d)(2). For purposes of this
subsection, identifiable information means information that
contains a juvenile offender's name or other personal identifiers
or that can, by virtue of sample size or other factors, be
reasonably interpreted as referring to a particular juvenile
offender.
(g) The Texas Juvenile Justice Department [Probation
Commission] is not required to release or disclose juvenile justice
information to any person not identified under this section.
SECTION 63. Section 58.102(b), Family Code, is amended to
read as follows:
(b) The department shall develop and maintain the system
with the cooperation and advice of the:
(1) [Texas Youth Commission;
[(2)] Texas Juvenile Justice Department [Probation
Commission];
[(3) Criminal Justice Policy Council;] and
(2) [(4)] juvenile courts and clerks of juvenile
courts.
SECTION 64. Section 58.104(b), Family Code, is amended to
read as follows:
(b) To the extent possible and subject to Subsection (a),
the department shall include in the juvenile justice information
system the following information for each juvenile offender taken
into custody, detained, or referred under this title for delinquent
conduct:
(1) the juvenile offender's name, including other
names by which the juvenile offender is known;
(2) the juvenile offender's date and place of birth;
(3) the juvenile offender's physical description,
including sex, weight, height, race, ethnicity, eye color, hair
color, scars, marks, and tattoos;
(4) the juvenile offender's state identification
number, and other identifying information, as determined by the
department;
(5) the juvenile offender's fingerprints;
(6) the juvenile offender's last known residential
address, including the census tract number designation for the
address;
(7) the name and identifying number of the agency that
took into custody or detained the juvenile offender;
(8) the date of detention or custody;
(9) the conduct for which the juvenile offender was
taken into custody, detained, or referred, including level and
degree of the alleged offense;
(10) the name and identifying number of the juvenile
intake agency or juvenile probation office;
(11) each disposition by the juvenile intake agency or
juvenile probation office;
(12) the date of disposition by the juvenile intake
agency or juvenile probation office;
(13) the name and identifying number of the
prosecutor's office;
(14) each disposition by the prosecutor;
(15) the date of disposition by the prosecutor;
(16) the name and identifying number of the court;
(17) each disposition by the court, including
information concerning custody of a juvenile offender by a juvenile
justice agency or probation;
(18) the date of disposition by the court;
(19) any commitment or release under supervision by
the Texas Juvenile Justice Department [Youth Commission];
(20) the date of any commitment or release under
supervision by the Texas Juvenile Justice Department [Youth
Commission]; and
(21) a description of each appellate proceeding.
SECTION 65. Sections 58.106(a) and (c), Family Code, are
amended to read as follows:
(a) Except as otherwise provided by this section,
information contained in the juvenile justice information system is
confidential information for the use of the department and may not
be disseminated by the department except:
(1) with the permission of the juvenile offender, to
military personnel of this state or the United States;
(2) to a person or entity to which the department may
grant access to adult criminal history records as provided by
Section 411.083, Government Code;
(3) to a juvenile justice agency;
(4) to the [Texas Youth Commission and the] Texas
Juvenile Justice Department [Probation Commission] for analytical
purposes;
(5) to the office of independent ombudsman of the
Texas Juvenile Justice Department [Youth Commission]; and
(6) to a county, justice, or municipal court
exercising jurisdiction over a juvenile, including a court
exercising jurisdiction over a juvenile under Section 54.021.
(c) The department may, if necessary to protect the welfare
of the community, disseminate to the public the following
information relating to a juvenile who has escaped from the custody
of the Texas Juvenile Justice Department [Youth Commission] or from
another secure detention or correctional facility:
(1) the juvenile's name, including other names by
which the juvenile is known;
(2) the juvenile's physical description, including
sex, weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(3) a photograph of the juvenile; and
(4) a description of the conduct for which the
juvenile was committed to the Texas Juvenile Justice Department
[Youth Commission] or detained in the secure detention or
correctional facility, including the level and degree of the
alleged offense.
SECTION 66. Section 58.112, Family Code, is amended to read
as follows:
Sec. 58.112. REPORT TO LEGISLATURE. Not later than August
15 of each year, the Texas Juvenile Justice Department [Probation
Commission] shall submit to the lieutenant governor, the speaker of
the house of representatives, and the governor a report that
contains the following statistical information relating to
children referred to a juvenile court during the preceding year:
(1) the ages, races, and counties of residence of the
children transferred to a district court or criminal district court
for criminal proceedings; and
(2) the ages, races, and counties of residence of the
children committed to the Texas Juvenile Justice Department [Youth
Commission], placed on probation, or discharged without any
disposition.
SECTION 67. Section 58.304(b), Family Code, is amended to
read as follows:
(b) To the extent possible and subject to Subsections (a)
and (d), the local juvenile justice information system may include
the following information for each juvenile taken into custody,
detained, or referred under this title:
(1) the juvenile's name, including other names by
which the juvenile is known;
(2) the juvenile's date and place of birth;
(3) the juvenile's physical description, including
sex, weight, height, race, ethnicity, eye color, hair color, scars,
marks, and tattoos;
(4) the juvenile's state identification number and
other identifying information;
(5) the juvenile's fingerprints and photograph;
(6) the juvenile's last known residential address,
including the census tract number designation for the address;
(7) the name, address, and phone number of the
juvenile's parent, guardian, or custodian;
(8) the name and identifying number of the agency that
took into custody or detained the juvenile;
(9) each date of custody or detention;
(10) a detailed description of the conduct for which
the juvenile was taken into custody, detained, or referred,
including the level and degree of the alleged offense;
(11) the name and identifying number of the juvenile
intake agency or juvenile probation office;
(12) each disposition by the juvenile intake agency or
juvenile probation office;
(13) the date of disposition by the juvenile intake
agency or juvenile probation office;
(14) the name and identifying number of the
prosecutor's office;
(15) each disposition by the prosecutor;
(16) the date of disposition by the prosecutor;
(17) the name and identifying number of the court;
(18) each disposition by the court, including
information concerning custody of a juvenile by a juvenile justice
agency or county juvenile probation department;
(19) the date of disposition by the court;
(20) any commitment or release under supervision by
the Texas Juvenile Justice Department [Youth Commission],
including the date of the commitment or release;
(21) information concerning each appellate
proceeding; and
(22) electronic copies of all documents filed with the
court.
SECTION 68. Section 58.352(a), Family Code, is amended to
read as follows:
(a) A juvenile court judge in a county to which this
subchapter applies shall post a report on the Internet website of
the county in which the court is located. The report must include:
(1) the total number of children committed by the
judge to a correctional facility operated by the Texas Juvenile
Justice Department [Youth Commission]; and
(2) for each child committed to a facility described
by Subdivision (1):
(A) a general description of the offense
committed by the child or the conduct of the child that led to the
child's commitment to the facility;
(B) the year the child was committed to the
facility; and
(C) the age range, race, and gender of the child.
SECTION 69. Section 58.401(1), Family Code, is amended to
read as follows:
(1) "Department" ["Commission"] means the Texas
Juvenile Justice Department [Probation Commission].
SECTION 70. Sections 58.403(a), (b), and (c), Family Code,
are amended to read as follows:
(a) Through the adoption of an interlocal contract under
Chapter 791, Government Code, with one or more counties, the
department [commission] may participate in and assist counties in
the creation, operation, and maintenance of a system that is
intended for statewide use to:
(1) aid in processing the cases of children under this
title;
(2) facilitate the delivery of services to children in
the juvenile justice system;
(3) aid in the early identification of at-risk and
delinquent children; and
(4) facilitate cross-jurisdictional sharing of
information related to juvenile offenders between authorized
criminal and juvenile justice agencies and partner agencies.
(b) The department [commission] may use funds appropriated
for the implementation of this section to pay costs incurred under
an interlocal contract described by Subsection (a), including
license fees, maintenance and operations costs, administrative
costs, and any other costs specified in the interlocal contract.
(c) The department [commission] may provide training
services to counties on the use and operation of a system created,
operated, or maintained by one or more counties under Subsection
(a).
SECTION 71. Section 58.404, Family Code, is amended to read
as follows:
Sec. 58.404. INFORMATION COLLECTED BY DEPARTMENT
[COMMISSION]. The department [commission] may collect and maintain
all information related to juvenile offenders and all offenses
committed by a juvenile offender, including all information
collected and maintained under Subchapters B and D.
SECTION 72. Section 58.405, Family Code, is amended to read
as follows:
Sec. 58.405. AUTHORITY CUMULATIVE. The authority granted
by this subchapter is cumulative of all other authority granted by
this chapter to a county, the department [commission], or a
juvenile justice agency and nothing in this subchapter limits the
authority of a county, the department [commission], or a juvenile
justice agency under this chapter to create an information system
or to share information related to a juvenile.
SECTION 73. Section 59.003(f), Family Code, is amended to
read as follows:
(f) Before the court assigns the child a sanction level that
involves the revocation of the child's probation and the commitment
of the child to the Texas Juvenile Justice Department [Youth
Commission], the court shall hold a hearing to modify the
disposition as required by Section 54.05.
SECTION 74. Section 59.011, Family Code, is amended to read
as follows:
Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
require the juvenile probation department to report progressive
sanction data electronically to the Texas Juvenile Justice
Department [Probation Commission] in the format and time frames
specified by the Texas Juvenile Justice Department [commission].
SECTION 75. Section 59.013, Family Code, is amended to read
as follows:
Sec. 59.013. LIABILITY. The Texas Juvenile Justice
Department [Youth Commission], a juvenile board, a court, a person
appointed by a court, an attorney for the state, a peace officer, or
a law enforcement agency is not liable for a failure or inability to
provide a service listed under Sections 59.004-59.010.
SECTION 76. Section 61.103(a), Family Code, is amended to
read as follows:
(a) The parent of a child taken into custody for delinquent
conduct, conduct indicating a need for supervision, or conduct that
violates a condition of probation imposed by the juvenile court has
the right to communicate in person privately with the child for
reasonable periods of time while the child is in:
(1) a juvenile processing office;
(2) a secure detention facility;
(3) a secure correctional facility;
(4) a court-ordered placement facility; or
(5) the custody of the Texas Juvenile Justice
Department [Youth Commission].
SECTION 77. Section 61.104(a), Family Code, is amended to
read as follows:
(a) When a petition for adjudication, a motion or petition
to modify disposition, or a motion or petition for discretionary
transfer to criminal court is served on a parent of the child, the
parent must be provided with a form prescribed by the Texas Juvenile
Justice Department [Probation Commission] on which the parent can
make a written statement about the needs of the child or family or
any other matter relevant to disposition of the case.
SECTION 78. Section 61.107, Family Code, is amended to read
as follows:
Sec. 61.107. LIABILITY. The Texas Juvenile Justice
Department [Youth Commission], a juvenile board, a court, a person
appointed by the court, an employee of a juvenile probation
department, an attorney for the state, a peace officer, or a law
enforcement agency is not liable for a failure or inability to
provide a right listed in this chapter.
SECTION 79. Section 107.0161, Family Code, is amended to
read as follows:
Sec. 107.0161. AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO
TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]. If an order
appointing the Department of Family and Protective Services as
managing conservator of a child does not continue the appointment
of the child's guardian ad litem or attorney ad litem and the child
is committed to the Texas Juvenile Justice Department [Youth
Commission] or released under supervision by the Texas Juvenile
Justice Department [Youth Commission], the court may appoint a
guardian ad litem or attorney ad litem for the child.
SECTION 80. Section 261.103(b), Family Code, is amended to
read as follows:
(b) A report may be made to the Texas Juvenile Justice
Department [Youth Commission] instead of the entities listed under
Subsection (a) if the report is based on information provided by a
child while under the supervision of the Texas Juvenile Justice
Department [commission] concerning the child's alleged abuse of
another child.
SECTION 81. Section 261.105(e), Family Code, is amended to
read as follows:
(e) In cooperation with the department, the Texas Juvenile
Justice Department [Youth Commission] by rule shall adopt
guidelines for identifying a report made to the Texas Juvenile
Justice Department [commission] under Section 261.103(b) that is
appropriate to refer to the department or a law enforcement agency
for investigation. Guidelines adopted under this subsection must
require the Texas Juvenile Justice Department [commission] to
consider the severity and immediacy of the alleged abuse or neglect
of the child victim.
SECTION 82. Sections 261.201(i), (j), and (k), Family Code,
are amended to read as follows:
(i) Notwithstanding Subsection (a), the Texas Juvenile
Justice Department [Youth Commission] shall release a report of
alleged or suspected abuse or neglect made under this chapter if:
(1) the report relates to a report of abuse or neglect
involving a child committed to the Texas Juvenile Justice
Department [commission] during the period that the child is
committed to that department [the commission]; and
(2) the Texas Juvenile Justice Department
[commission] is not prohibited by Chapter 552, Government Code, or
other law from disclosing the report.
(j) The Texas Juvenile Justice Department [Youth
Commission] shall edit any report disclosed under Subsection (i) to
protect the identity of:
(1) a child who is the subject of the report of alleged
or suspected abuse or neglect;
(2) the person who made the report; and
(3) any other person whose life or safety may be
endangered by the disclosure.
(k) Notwithstanding Subsection (a), an investigating
agency, other than the department or the Texas Juvenile Justice
Department [Youth Commission], on request, shall provide to the
parent, managing conservator, or other legal representative of a
child who is the subject of reported abuse or neglect, or to the
child if the child is at least 18 years of age, information
concerning the reported abuse or neglect that would otherwise be
confidential under this section. The investigating agency shall
withhold information under this subsection if the parent, managing
conservator, or other legal representative of the child requesting
the information is alleged to have committed the abuse or neglect.
SECTION 83. Sections 261.405(b), (c), and (e), Family Code,
are amended to read as follows:
(b) A report of alleged abuse, neglect, or exploitation in
any juvenile justice program or facility shall be made to the Texas
Juvenile Justice Department [Probation Commission] and a local law
enforcement agency for investigation.
(c) The Texas Juvenile Justice Department [Probation
Commission] shall conduct an investigation as provided by this
chapter if that department [the commission] receives a report of
alleged abuse, neglect, or exploitation in any juvenile justice
program or facility.
(e) As soon as practicable after a child is taken into
custody or placed in a juvenile justice facility or juvenile
justice program, the facility or program shall provide the child's
parents with:
(1) information regarding the reporting of suspected
abuse, neglect, or exploitation of a child in a juvenile justice
facility or juvenile justice program to the Texas Juvenile Justice
Department [Probation Commission]; and
(2) the Texas Juvenile Justice Department's
[commission's] toll-free number for this reporting.
SECTION 84. Section 261.409, Family Code, is amended to
read as follows:
Sec. 261.409. INVESTIGATIONS IN FACILITIES UNDER TEXAS
JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION] JURISDICTION. The
board of the Texas Juvenile Justice Department [Youth Commission]
by rule shall adopt standards for:
(1) the investigation under Section 261.401 of
suspected child abuse, neglect, or exploitation in a facility under
the jurisdiction of the Texas Juvenile Justice Department [Youth
Commission]; and
(2) compiling information on those investigations.
SECTION 85. Section 263.302, Family Code, is amended to
read as follows:
Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The child
shall attend each permanency hearing unless the court specifically
excuses the child's attendance. A child committed to the Texas
Juvenile Justice Department [Youth Commission] may attend a
permanency hearing in person, by telephone, or by videoconference.
The court shall consult with the child in a developmentally
appropriate manner regarding the child's permanency plan, if the
child is four years of age or older and if the court determines it is
in the best interest of the child. Failure by the child to attend a
hearing does not affect the validity of an order rendered at the
hearing.
SECTION 86. Sections 263.501(f) and (g), Family Code, are
amended to read as follows:
(f) The child shall attend each placement review hearing
unless the court specifically excuses the child's attendance. A
child committed to the Texas Juvenile Justice Department [Youth
Commission] may attend a placement review hearing in person, by
telephone, or by videoconference. The court shall consult with the
child in a developmentally appropriate manner regarding the child's
permanency or transition plan, if the child is four years of age or
older. Failure by the child to attend a hearing does not affect the
validity of an order rendered at the hearing.
(g) A court required to conduct placement review hearings
for a child for whom the department has been appointed permanent
managing conservator may not dismiss a suit affecting the
parent-child relationship filed by the department regarding the
child while the child is committed to the Texas Juvenile Justice
Department [Youth Commission] or released under the supervision of
that department [the Texas Youth Commission], unless the child is
adopted or permanent managing conservatorship of the child is
awarded to an individual other than the department.
SECTION 87. Section 41.102(c), Government Code, is amended
to read as follows:
(c) The attorney general may offer to assist a prosecuting
attorney in the prosecution of criminal offenses concerning the
Texas Juvenile Justice Department [Youth Commission].
SECTION 88. Section 41.303(a), Government Code, is amended
to read as follows:
(a) The unit is governed by a board of directors composed of
each prosecuting attorney who:
(1) represents the state in criminal matters before a
court in a county in which one or more facilities owned or operated
by or under contract with the department or the Texas Juvenile
Justice Department [commission] are located; and
(2) has entered into a memorandum of understanding
with the unit for the prosecution of offenses and delinquent
conduct described by Article 104.003(a), Code of Criminal
Procedure.
SECTION 89. Section 41.304(a), Government Code, is amended
to read as follows:
(a) The board of directors is governed by an executive board
composed of 11 members elected by the membership of the board of
directors on a majority vote from among that membership, as
follows:
(1) one member of the executive board who represents
the state in criminal matters before a court in a county in which
one or more facilities owned or operated by or under contract with
the Texas Juvenile Justice Department [commission] are located
shall be elected on a majority vote of the members of the board of
directors to serve a term expiring in an even-numbered year;
(2) an additional four members of the executive board
shall be elected on a majority vote of the members of the board of
directors to serve terms expiring in even-numbered years;
(3) one member of the executive board who represents
the state in criminal matters before a court in a county in which
one or more facilities owned or operated by or under contract with
the Texas Juvenile Justice Department [commission] are located
shall be elected on a majority vote of the members of the board of
directors to serve a term expiring in an odd-numbered year; and
(4) an additional five members of the executive board
shall be elected on a majority vote of the members of the board of
directors to serve terms expiring in odd-numbered years.
SECTION 90. Section 41.310, Government Code, is amended to
read as follows:
Sec. 41.310. DUTIES OF COUNSELLOR. (a) The counsellor
elected in accordance with Section 41.309:
(1) shall coordinate prosecution issues in and monitor
each case involving an offense or delinquent conduct described by
Article 104.003(a), Code of Criminal Procedure, that concerns the
Texas Juvenile Justice Department [commission];
(2) shall work with criminal justice analysts employed
by the Legislative Budget Board and other persons who monitor cases
involving offenses or delinquent conduct described by Article
104.003(a), Code of Criminal Procedure; and
(3) may conduct an investigation of any alleged
illegal or improper conduct by Texas Juvenile Justice Department
[commission] officers, employees, or contractors that the
counsellor reasonably believes:
(A) jeopardizes the health, safety, and welfare
of children in the custody of the Texas Juvenile Justice Department
[commission]; and
(B) could constitute an offense described by
Article 104.003(a), Code of Criminal Procedure.
(b) In addition to the duties prescribed by Subsection (a),
the counsellor shall on a quarterly basis provide the board of
directors and the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities with a report concerning offenses or
delinquent conduct prosecuted by the unit on receiving a request
for assistance under Section 241.007, Human Resources Code, or a
request for assistance otherwise from a prosecuting attorney. A
report under this subsection is public information under Chapter
552, Government Code, and the board of directors shall request that
the Texas Juvenile Justice Department [commission] publish the
report on that department's [the commission's] Internet website. A
report must be both aggregated and disaggregated by individual
facility and include information relating to:
(1) the number of requests for assistance received
under Section 241.007, Human Resources Code, and requests for
assistance otherwise received from prosecuting attorneys;
(2) the number of cases investigated and the number of
cases prosecuted;
(3) the types and outcomes of cases prosecuted, such
as whether the case concerned narcotics or an alleged incident of
sexual abuse; and
(4) the relationship of a victim to a perpetrator, if
applicable.
(c) The counsellor, in consultation with the board of
directors, shall notify the foreman of the appropriate grand jury,
in the manner provided by Article 20.09, Code of Criminal
Procedure, if:
(1) the counsellor receives credible evidence of
illegal or improper conduct by Texas Juvenile Justice Department
[commission] officers, employees, or contractors that the
counsellor reasonably believes jeopardizes the health, safety, and
welfare of children in the custody of that department [the
commission];
(2) the counsellor reasonably believes the conduct:
(A) could constitute an offense described by
Article 104.003(a), Code of Criminal Procedure; and
(B) involves the alleged physical or sexual abuse
of a child in the custody of a Texas Juvenile Justice Department
[commission] facility or an investigation related to the alleged
abuse; and
(3) the counsellor has reason to believe that
information concerning the conduct has not previously been
presented to the appropriate grand jury.
SECTION 91. Section 322.019(d), Government Code, is amended
to read as follows:
(d) The Department of Public Safety, the Texas Department of
Criminal Justice, and the Texas Juvenile Justice Department
[Probation Commission, and the Texas Youth Commission] shall
provide the board with data relating to a criminal justice policy
analysis under this section in the manner requested.
SECTION 92. Section 402.035(c), Government Code, is amended
to read as follows:
(c) The task force is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's
designee;
(3) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(4) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(5) the commissioner of the Department of State Health
Services or the commissioner's designee;
(6) the public safety director of the Department of
Public Safety or the director's designee;
(7) one representative from each of the following
state agencies, appointed by the chief administrative officer of
the respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Department of Criminal Justice;
(C) [the Texas Youth Commission;
[(D)] the Texas Juvenile Justice Department
[Probation Commission]; and
(D) [(E)] the Texas Alcoholic Beverage
Commission; and
(8) as appointed by the attorney general:
(A) a chief public defender employed by a public
defender's office, as defined by Article 26.044(a), Code of
Criminal Procedure, or an attorney designated by the chief public
defender;
(B) an attorney representing the state;
(C) a representative of:
(i) a hotel and motel association;
(ii) a district and county attorneys
association; and
(iii) a state police association;
(D) representatives of sheriff's departments;
(E) representatives of local law enforcement
agencies affected by human trafficking; and
(F) representatives of nongovernmental entities
making comprehensive efforts to combat human trafficking by:
(i) identifying human trafficking victims;
(ii) providing legal or other services to
human trafficking victims;
(iii) participating in community outreach
or public awareness efforts regarding human trafficking;
(iv) providing or developing training
regarding the prevention of human trafficking; or
(v) engaging in other activities designed
to prevent human trafficking.
SECTION 93. Section 411.138, Government Code, is amended to
read as follows:
Sec. 411.138. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT. A
juvenile board or juvenile probation department is entitled to
obtain from the department criminal history record information
maintained by the department that relates to a person who is:
(1) an applicant for a position with the juvenile
probation department;
(2) an employee for whom the juvenile board or
juvenile probation department will seek certification from the
Texas Juvenile Justice Department [Probation Commission]; or
(3) an employee or department applicant who currently
holds certification from the Texas Juvenile Justice Department
[Probation Commission].
SECTION 94. Sections 411.148(a), (d), (f-1), (f-2), and
(j), Government Code, are amended to read as follows:
(a) This section applies to:
(1) an individual, other than a juvenile, who is:
(A) ordered by a magistrate or court to provide a
DNA sample under Section 411.154 or other law, including as part of
an order granting community supervision to the individual; or
(B) confined in a penal institution operated by
or under contract with the Texas Department of Criminal Justice; or
(2) a juvenile who, following an adjudication for
conduct constituting a felony, is:
(A) confined in a facility operated by or under
contract with the Texas Juvenile Justice Department [Youth
Commission]; or
(B) placed on probation, if the conduct
constitutes a felony described by Section 54.0409, Family Code.
(d) If an individual described by Subsection (a)(1)(B) is
received into custody by the Texas Department of Criminal Justice,
that department shall collect the sample from the individual during
the diagnostic process or at another time determined by the Texas
Department of Criminal Justice. If an individual described by
Subsection (a)(2)(A) is received into custody by the Texas Juvenile
Justice Department [Youth Commission], that department [the youth
commission] shall collect the sample from the individual during the
initial examination or at another time it determines [determined by
the youth commission]. If an individual who is required under this
section or other law to provide a DNA sample is in the custody or
under the supervision of another criminal justice agency, such as a
community supervision and corrections department, a parole office,
or a local juvenile probation department or parole office, that
agency shall collect the sample from the individual at a time
determined by the agency.
(f-1) The Texas Juvenile Justice Department [Youth
Commission] shall notify the director that an individual described
by Subsection (a)(2)(A) is to be released from custody not earlier
than the 120th day before the individual's release date.
(f-2) The Texas Department of Criminal Justice and the Texas
Juvenile Justice Department [Youth Commission], in consultation
with the director, shall determine the form of the notification
described by Subsections (f) and (f-1).
(j)(1) The Texas Juvenile Justice Department [Youth
Commission] as soon as practicable shall cause a sample to be
collected from an individual described by Subsection (a)(2)(A) if:
(A) the individual is detained in another
juvenile detention facility after adjudication and before
admission to the Texas Juvenile Justice Department [youth
commission]; and
(B) the Texas Juvenile Justice Department [youth
commission] determines the individual is likely to be released
before being admitted to that department [the youth commission].
(2) The administrator of the other juvenile detention
facility shall cooperate with the Texas Juvenile Justice Department
[Youth Commission] as necessary to allow that department [the youth
commission] to perform its duties under this subsection.
SECTION 95. Section 420.008(c), Government Code, is amended
to read as follows:
(c) The legislature may appropriate money deposited to the
credit of the fund only to:
(1) the attorney general, for:
(A) sexual violence awareness and prevention
campaigns;
(B) grants to faith-based groups, independent
school districts, and community action organizations for programs
for the prevention of sexual assault and programs for victims of
human trafficking;
(C) grants for equipment for sexual assault nurse
examiner programs, to support the preceptorship of future sexual
assault nurse examiners, and for the continuing education of sexual
assault nurse examiners;
(D) grants to increase the level of sexual
assault services in this state;
(E) grants to support victim assistance
coordinators;
(F) grants to support technology in rape crisis
centers;
(G) grants to and contracts with a statewide
nonprofit organization exempt from federal income taxation under
Section 501(c)(3), Internal Revenue Code of 1986, having as a
primary purpose ending sexual violence in this state, for programs
for the prevention of sexual violence, outreach programs, and
technical assistance to and support of youth and rape crisis
centers working to prevent sexual violence; and
(H) grants to regional nonprofit providers of
civil legal services to provide legal assistance for sexual assault
victims;
(2) the Department of State Health Services, to
measure the prevalence of sexual assault in this state and for
grants to support programs assisting victims of human trafficking;
(3) the Institute on Domestic Violence and Sexual
Assault at The University of Texas at Austin, to conduct research on
all aspects of sexual assault and domestic violence;
(4) Texas State University, for training and technical
assistance to independent school districts for campus safety;
(5) the office of the governor, for grants to support
sexual assault and human trafficking prosecution projects;
(6) the Department of Public Safety, to support sexual
assault training for commissioned officers;
(7) the comptroller's judiciary section, for
increasing the capacity of the sex offender civil commitment
program;
(8) the Texas Department of Criminal Justice:
(A) for pilot projects for monitoring sex
offenders on parole; and
(B) for increasing the number of adult
incarcerated sex offenders receiving treatment;
(9) the Texas Juvenile Justice Department [Youth
Commission], for increasing the number of incarcerated juvenile sex
offenders receiving treatment;
(10) the comptroller, for the administration of the
fee imposed on sexually oriented businesses under Section 102.052,
Business & Commerce Code; and
(11) the supreme court, to be transferred to the Texas
Equal Access to Justice Foundation, or a similar entity, to provide
victim-related legal services to sexual assault victims, including
legal assistance with protective orders, relocation-related
matters, victim compensation, and actions to secure privacy
protections available to victims under law.
SECTION 96. Section 492.0011, Government Code, is amended
to read as follows:
Sec. 492.0011. PRIVATE SECTOR PRISON INDUSTRIES PROGRAM
MANAGEMENT. (a) The board shall approve, certify, and supervise
private sector prison industries programs operated by the
department, the Texas Juvenile Justice Department [Youth
Commission], and county correctional facilities in accordance with
Subchapter C, Chapter 497.
(b) This section does not authorize the board to direct the
general operations of or to govern the Texas Juvenile Justice
Department [Youth Commission] or county correctional facilities in
any manner not specifically described by Subsection (a).
SECTION 97. Sections 497.051(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The board shall approve, certify, and supervise the
operation of private sector prison industries programs in the
department, the Texas Juvenile Justice Department [Youth
Commission], and in county correctional facilities in compliance
with the federal prison enhancement certification program
established under 18 U.S.C. Section 1761. The board may use board
and department employees to provide the clerical and technical
support necessary for the board to perform the board's duties under
this subchapter and shall ensure that the department implements the
policies adopted by the board that relate to the operation of
private sector prison industries programs.
(b) In this subchapter:
(1) "Governmental entity" means the department, the
Texas Juvenile Justice Department [Youth Commission], and any
county that operates a private sector prison industries program
under this subchapter.
(2) "Participant" means a participant in a private
sector prison industries program.
(c) This subchapter does not authorize the board to direct
the general operations of or to govern the Texas Juvenile Justice
Department [Youth Commission] or county correctional facilities in
any manner not specifically described by Subsection (a).
SECTION 98. Section 497.058(a), Government Code, is amended
to read as follows:
(a) The board by rule shall require that participants at
each private sector prison industries program be paid not less than
the prison industry enhancement certification program (PIECP) wage
as computed by the Texas Workforce Commission, except that:
(1) the board may permit employers to pay a
participant the federal minimum wage for the two-month period
beginning on the date participation begins; and
(2) the minimum wage for participants committed to the
Texas Juvenile Justice Department [Youth Commission], because of
the age of the participants and the extensive training component of
their employment, is the federal minimum wage.
SECTION 99. Section 497.0581(a), Government Code, is
amended to read as follows:
(a) The board by rule shall determine the amount of
deductions to be taken from wages received by the participant under
this subchapter and the disbursement of those deductions. The
board may establish deductions for participants committed to the
Texas Juvenile Justice Department [Youth Commission] that are
different than deductions established for other participants in the
program. In determining the amount of deductions under this
section, the board shall ensure that the deductions do not place the
private sector prison industries programs in the department in
noncompliance with the federal prison enhancement certification
program established under 18 U.S.C. Section 1761.
SECTION 100. Section 508.003(c), Government Code, is
amended to read as follows:
(c) The provisions of this chapter not in conflict with
Section 508.156 apply to parole of a person from the Texas Juvenile
Justice Department [Youth Commission] under that section.
SECTION 101. Sections 508.156(d), (e), and (f), Government
Code, are amended to read as follows:
(d) The period of parole for a person released on parole
under this section is the term for which the person was sentenced
less calendar time served at the Texas Juvenile Justice Department
[Youth Commission] and in a juvenile detention facility in
connection with the conduct for which the person was adjudicated.
(e) If a parole panel revokes the person's parole, the panel
may require the person to serve the remaining portion of the
person's sentence in the institutional division. The remaining
portion of the person's sentence is computed without credit for the
time from the date of the person's release to the date of
revocation. The panel may not recommit the person to the Texas
Juvenile Justice Department [Youth Commission].
(f) For purposes of this chapter, a person released from the
Texas Juvenile Justice Department [Youth Commission] on parole
under this section is considered to have been convicted of the
offense for which the person has been adjudicated.
SECTION 102. Section 658.002(c), Government Code, is
amended to read as follows:
(c) This section does not apply to a houseparent who is
employed by and lives at a Texas Juvenile Justice Department [Youth
Commission] facility.
SECTION 103. Section 659.044(e), Government Code, is
amended to read as follows:
(e) This subsection applies only to an employee of the Texas
Juvenile Justice Department [Youth Commission] who is receiving
less than the maximum amount of hazardous duty pay that the
department [commission] may pay to the employee under Section
659.303. The employee's monthly amount of longevity pay is the sum
of:
(1) $4 for each year of lifetime service credit, which
may not include any period served in a hazardous duty position; and
(2) the lesser of:
(A) $4 for each year served in a hazardous duty
position; or
(B) the difference between:
(i) $7 for each year served in a hazardous
duty position; and
(ii) the amount paid by the department
[commission] for each year served in a hazardous duty position.
SECTION 104. Section 659.046(f), Government Code, is
amended to read as follows:
(f) The amount of an employee's lifetime service credit does
not include the period served in a hazardous duty position if the
employee is:
(1) entitled to receive hazardous duty pay under
Section 659.302; or
(2) receiving the maximum amount of hazardous duty pay
that the Texas Juvenile Justice Department [Youth Commission] may
pay to the employee under Section 659.303.
SECTION 105. Section 659.302(b), Government Code, is
amended to read as follows:
(b) This section does not apply to an employee of the Texas
Juvenile Justice Department [Youth Commission].
SECTION 106. Section 659.303, Government Code, is amended
to read as follows:
Sec. 659.303. TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH
COMMISSION] EMPLOYEES. (a) The department [commission] may
include hazardous duty pay in the compensation paid to an
individual for services rendered during a month if the individual:
(1) has routine direct contact with youth:
(A) placed in a residential facility of the
department [commission]; or
(B) released under the department's
[commission's] supervision; and
(2) has completed at least 12 months of lifetime
service credit not later than the last day of the preceding month.
(b) For purposes of Subsection (a)(1), an individual who is
having routine direct contact with youth on any portion of the first
workday of a month is considered to have routine direct contact with
youth for the entire month.
(c) The department's [commission's] authority under
Subsection (a) is subject to any conditions or limitations in the
General Appropriations Act.
(d) The department [commission] may not pay hazardous duty
pay:
(1) from funds authorized for payment of an
across-the-board employee salary increase; or
(2) to an employee who works at the department's
[commission's] central office.
(e) In this section, "department" ["commission"] means the
Texas Juvenile Justice Department [Youth Commission].
SECTION 107. Section 661.031(2), Government Code, is
amended to read as follows:
(2) "State employee" means an individual who is an
appointed officer or employee of a state agency and who normally
works 900 hours or more a year. The term includes:
(A) an hourly employee;
(B) a temporary employee;
(C) a person employed by:
(i) the Teacher Retirement System of Texas;
(ii) the Texas Education Agency;
(iii) the Texas Higher Education
Coordinating Board;
(iv) the Texas School for the Blind and
Visually Impaired;
(v) the Texas School for the Deaf;
(vi) the Texas Juvenile Justice Department
[Youth Commission];
(vii) the Windham School District; or
(viii) the Department of Assistive and
Rehabilitative Services; and
(D) a classified, administrative, faculty, or
professional employee of a state institution or agency of higher
education who has accumulated vacation leave, sick leave, or both,
during the employment.
SECTION 108. Section 661.061(2), Government Code, is
amended to read as follows:
(2) "State employee" means an employee or appointed
officer of a state agency. The term includes:
(A) a full-time employee or officer;
(B) a part-time employee or officer;
(C) an hourly employee;
(D) a temporary employee;
(E) a person employed by:
(i) the Teacher Retirement System of Texas;
(ii) the Texas Education Agency;
(iii) the Texas Higher Education
Coordinating Board;
(iv) the Texas School for the Blind and
Visually Impaired;
(v) the Texas School for the Deaf;
(vi) the Texas Juvenile Justice Department
[Youth Commission];
(vii) the Windham School District; or
(viii) the Department of Assistive and
Rehabilitative Services; or
(F) a classified, administrative, faculty, or
professional employee of a state institution or agency of higher
education who has accumulated vacation leave during the employment.
SECTION 109. Section 661.152(a), Government Code, is
amended to read as follows:
(a) A state employee is entitled to a vacation in each
fiscal year without a deduction in salary, except for a state
employee who is:
(1) an employee of an institution of higher education
as defined by Section 61.003, Education Code, who:
(A) is not employed to work at least 20 hours per
week for a period of at least four and one-half months; or
(B) is employed in a position for which the
employee is required to be a student as a condition of the
employment;
(2) a faculty member employed for a period of fewer
than 12 months by an institution of higher education as defined by
Section 61.003, Education Code; or
(3) an instructional employee employed for a period of
fewer than 12 months by the Texas School for the Blind and Visually
Impaired, the Texas School for the Deaf, or the Texas Juvenile
Justice Department [Youth Commission].
SECTION 110. Section 814.104(b), Government Code, is
amended to read as follows:
(b) A member who is at least 55 years old and who has at
least 10 years of service credit as a commissioned peace officer
engaged in criminal law enforcement activities of the Department of
Public Safety, the Texas Alcoholic Beverage Commission, the Parks
and Wildlife Department, or the office of inspector general at the
Texas Juvenile Justice Department [Youth Commission], or as a
custodial officer, is eligible to retire and receive a service
retirement annuity.
SECTION 111. Section 815.505, Government Code, is amended
to read as follows:
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
CUSTODIAL OFFICERS. Not later than the 12th day of the month
following the month in which a person begins or ceases employment as
a law enforcement officer or custodial officer, the Public Safety
Commission, the Texas Alcoholic Beverage Commission, the Parks and
Wildlife Commission, the office of inspector general at the Texas
Juvenile Justice Department [Youth Commission], the Board of
Pardons and Paroles, or the Texas Board of Criminal Justice, as
applicable, shall certify to the retirement system, in the manner
prescribed by the system, the name of the employee and such other
information as the system determines is necessary for the crediting
of service and financing of benefits under this subtitle.
SECTION 112. Section 2155.143, Government Code, is amended
to read as follows:
Sec. 2155.143. PURCHASE OF CARE AND TREATMENT SERVICES BY
TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]. (a) The
Texas Juvenile Justice Department [Youth Commission] may purchase
care and treatment services, including educational services, for
its wards.
(b) The Texas Juvenile Justice Department [Youth
Commission] shall:
(1) negotiate purchases under this section to achieve
fair and reasonable prices at rates that do not exceed any maximum
provided by law; and
(2) select service providers according to each
provider's qualifications and demonstrated competence.
SECTION 113. Section 2165.005(f), Government Code, is
amended to read as follows:
(f) A building that will be used as a state or regional
headquarters for a state agency, other than a university building,
a secure correctional facility operated by the Texas Juvenile
Justice Department [Youth Commission], or a prison, may bear the
name of a person only if the person is deceased and was significant
in the state's history.
SECTION 114. Section 2165.252(b), Government Code, is
amended to read as follows:
(b) The commission may allocate space in buildings in the
Texas Judicial Complex only to:
(1) a court;
(2) a judicial agency;
(3) the attorney general's office;
(4) the Texas Department of Criminal Justice;
(5) the Texas Juvenile Justice Department [Youth
Commission];
(6) [the Criminal Justice Policy Council;
[(7)] the State Commission on Judicial Conduct;
(7) [(8)] the State Office of Administrative
Hearings;
(8) [(9)] the Board of Law Examiners;
(9) [(10)] the Council on Sex Offender Treatment;
(10) [(11)] building security;
(11) [(12)] building maintenance; or
(12) [(13)] a vending facility operated under Chapter
94, Human Resources Code.
SECTION 115. Section 2167.001(b), Government Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) radio antenna space;
(2) residential space for a Texas Department of Mental
Health and Mental Retardation program;
(3) residential space for a Texas Juvenile Justice
Department [Youth Commission] program;
(4) space to be used for less than one month for
meetings, conferences, conventions, seminars, displays,
examinations, auctions, or similar purposes;
(5) district office space for members of the
legislature;
(6) space used by the Texas Workforce Commission;
(7) residential property acquired by the Texas
Department of Housing and Community Affairs or the Texas State
Affordable Housing Corporation that is offered for sale or rental
to individuals and families of low or very low income or families of
moderate income;
(8) except as provided by Section 2167.007, space for
a university system or institution of higher education; or
(9) space leased by the Texas Veterans Commission to
administer the veterans employment services program.
SECTION 116. Section 2303.402(c), Government Code, is
amended to read as follows:
(c) For the purposes of this section, an economically
disadvantaged individual is an individual who:
(1) was unemployed for at least three months before
obtaining employment with the qualified business;
(2) receives public assistance benefits, including
welfare payments or food stamps, based on need and intended to
alleviate poverty;
(3) is a low-income individual, as defined by Section
101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
(4) is an individual with a disability, as defined
by 29 U.S.C. Section 705(20)(A);
(5) is an inmate, as defined by Section 498.001;
(6) is entering the workplace after being confined in
a facility operated by or under contract with the Texas Department
of Criminal Justice for the imprisonment of individuals convicted
of felonies other than state jail felonies;
(7) has been released by the Texas Juvenile Justice
Department [Youth Commission] and is on parole, if state law
provides for such a person to be on parole;
(8) meets the current low income or moderate income
limits developed under Section 8, United States Housing Act of 1937
(42 U.S.C. Section 1437f et seq.); or
(9) was under the permanent managing conservatorship
of the Department of Family and Protective Services on the day
preceding the individual's 18th birthday.
SECTION 117. Section 2306.5621(a)(6), Government Code, is
amended to read as follows:
(6) "Corrections officer" means a corrections officer
employed by the Texas Department of Criminal Justice or a juvenile
correctional officer employed by the Texas Juvenile Justice
Department [Youth Commission].
SECTION 118. Section 2306.903(a), Government Code, is
amended to read as follows:
(a) The Texas Interagency Council for the Homeless is
composed of:
(1) one representative from each of the following
agencies, appointed by the administrative head of that agency:
(A) the Texas Department of Health;
(B) the Texas Department of Human Services;
(C) the Texas Department of Mental Health and
Mental Retardation;
(D) the Texas Department of Criminal Justice;
(E) the Texas Department on Aging;
(F) the Texas Rehabilitation Commission;
(G) the Texas Education Agency;
(H) the Texas Commission on Alcohol and Drug
Abuse;
(I) the Department of Protective and Regulatory
Services;
(J) the Health and Human Services Commission;
(K) the Texas Workforce Commission;
(L) the Texas Juvenile Justice Department [Youth
Commission]; and
(M) the Texas Veterans Commission;
(2) two representatives from the department, one each
from the community affairs division and the housing finance
division, appointed by the director; and
(3) three members representing service providers to
the homeless, one each appointed by the governor, the lieutenant
governor, and the speaker of the house of representatives.
SECTION 119. Section 63.009, Human Resources Code, is
amended to read as follows:
Sec. 63.009. BOARD POLICIES. The board of trustees shall
develop policies consistent with the rules, regulations, and
standards of the Texas Juvenile Justice Department [Probation
Commission].
SECTION 120. Section 63.010, Human Resources Code, is
amended to read as follows:
Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. The
board of trustees shall standardize qualifications for personnel
positions in the community center consistent with those established
by the Texas Juvenile Justice Department [Probation Commission].
SECTION 121. Section 63.019, Human Resources Code, is
amended to read as follows:
Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES.
The board of trustees may make rules consistent with those
promulgated by the Texas Juvenile Justice Department [Probation
Commission] and the policies, principles, and standards provided in
this Act to regulate the administration of services by the facility
to the juveniles placed into the facility.
SECTION 122. Section 63.020(1), Human Resources Code, is
amended to read as follows:
(1) Education. Upon admission into the facility, the
juvenile will be tested to determine his educational level, and a
program of instruction consistent with the juvenile's educational
level shall be developed to educate the juvenile. Education shall
be given to each juvenile admitted in the facility consistent with
the standards set forth by the Texas Juvenile Justice Department
[Probation Commission].
SECTION 123. Section 142.002(a), Human Resources Code, is
amended to read as follows:
(a) A juvenile board may, with the advice and consent of the
commissioners court, employ probation officers and administrative,
supervisory, stenographic, and other clerical personnel necessary
to provide juvenile probation services according to the standards
established by the Texas Juvenile Justice Department [Probation
Commission] and the local need as determined by the juvenile board.
SECTION 124. Section 142.003(b), Human Resources Code, is
amended to read as follows:
(b) A juvenile board may contract with the Texas Juvenile
Justice Department [Youth Commission] for juvenile probation
services.
SECTION 125. Section 142.006(b), Human Resources Code, is
amended to read as follows:
(b) A juvenile probation officer is disqualified from being
authorized to carry a firearm under this section if the officer has
been designated a perpetrator in a Texas Juvenile Justice
Department [Probation Commission] abuse, neglect, or exploitation
investigation.
SECTION 126. Section 152.0007(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board shall:
(1) establish a juvenile probation department and
employ a chief probation officer who meets the standards set by the
Texas Juvenile Justice Department [Probation Commission]; and
(2) adopt a budget and establish policies, including
financial policies, for juvenile services within the jurisdiction
of the board.
SECTION 127. Section 152.0008(a), Human Resources Code, is
amended to read as follows:
(a) The chief juvenile probation officer may, within the
budget adopted by the board, employ:
(1) assistant officers who meet the standards set by
the Texas Juvenile Justice Department [Probation Commission]; and
(2) other necessary personnel.
SECTION 128. Section 152.0461(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall pay the salaries of juvenile
probation personnel and other expenses the chairman certifies as
essential to provide services to the children of Cochran County
from the juvenile board fund to the extent of the state aid received
in the fund. The salaries approved by the commissioners court may
be paid from funds received for that purpose from the Texas Juvenile
Justice Department [Probation Commission]. The commissioners
court shall pay the remaining approved salaries of juvenile
probation personnel and other expenses certified as necessary by
the juvenile board chairman from the general funds of the county.
SECTION 129. Section 152.1161(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall pay the salaries of juvenile
probation personnel and other expenses the chairman certifies as
essential to provide services to the children of Hockley County
from the juvenile board fund to the extent of the state aid received
in the fund. The salaries approved by the commissioners court may
be paid from funds received for that purpose from the Texas Juvenile
Justice Department [Probation Commission]. The commissioners
court shall pay the remaining approved salaries of juvenile
probation personnel and other expenses certified as necessary by
the juvenile board chairman from the general funds of the county.
SECTION 130. Section 152.2401(f), Human Resources Code, is
amended to read as follows:
(f) The juvenile board shall make the financial and
statistical records and reports the board is required to make to the
Texas Juvenile Justice Department [Probation Commission] available
to the commissioners court.
SECTION 131. Section 152.2561(l), Human Resources Code, is
amended to read as follows:
(l) The board shall make available to the commissioners
court the financial and statistical reports required by the Texas
Juvenile Justice Department [Probation Commission].
SECTION 132. Section 306.002, Labor Code, is amended to
read as follows:
Sec. 306.002. PROJECT RIO. The project for reintegration
of offenders is a statewide employment referral program designed to
reintegrate into the labor force persons sentenced to the
correctional institutions division or committed to the Texas
Juvenile Justice Department [Youth Commission].
SECTION 133. Section 306.003, Labor Code, is amended to
read as follows:
Sec. 306.003. ADMINISTRATION. The department, the Texas
Juvenile Justice Department [Youth Commission], and the commission
shall cooperate to maximize the effectiveness of Project RIO. For
that purpose, the commission shall administer the project.
SECTION 134. Section 306.004, Labor Code, is amended to
read as follows:
Sec. 306.004. MEMORANDUM OF UNDERSTANDING--ADOPTION. (a)
The department, the commission, and the Texas Juvenile Justice
Department [Youth Commission] shall each adopt a memorandum of
understanding that establishes the respective responsibilities of
each agency and of the divisions within the department.
(b) The commission shall coordinate the development of the
memoranda of understanding. The department and the Texas Juvenile
Justice Department [Youth Commission] shall adopt rules as
necessary to implement their respective memoranda and may amend the
memorandum and those rules as necessary.
SECTION 135. Section 306.005(b), Labor Code, is amended to
read as follows:
(b) The memorandum of understanding between the Texas
Juvenile Justice Department [Youth Commission] and the commission
must establish the roles of the institutional and community
services division in the Texas Juvenile Justice Department [Youth
Commission] and the role of the commission in the same manner the
roles of the department and commission are established under
Subsection (a).
SECTION 136. Section 306.007(a), Labor Code, is amended to
read as follows:
(a) To assist in the reintegration into the labor force of
persons formerly sentenced to the correctional institutions
division or committed to the Texas Juvenile Justice Department
[Youth Commission], the commission through Project RIO shall
provide:
(1) to those persons:
(A) information from local workforce development
boards on job training and employment referral services;
(B) information from the Department of State
Health Services on substance abuse treatment services;
(C) information from the Texas Department of
Housing and Community Affairs on housing services;
(D) information from the Texas Veterans
Commission on services for veterans; and
(E) information on tax refund voucher programs
under Subchapter H, Chapter 301; and
(2) to the employers and potential employers of those
persons:
(A) information from the Texas Economic
Development and Tourism Office on the enterprise zone program; and
(B) information from local workforce development
boards on services listed in Section 2308.304, Government Code.
SECTION 137. Sections 306.008(a) and (c), Labor Code, are
amended to read as follows:
(a) To assist in the reintegration into the labor force of
persons formerly sentenced to the correctional institutions
division or committed to the Texas Juvenile Justice Department
[Youth Commission], the commission, the Texas Juvenile Justice
Department [Youth Commission], and the department shall establish a
data interface that, at a minimum, provides to the commission:
(1) detailed information about persons released from a
correctional facility who might benefit from post-release Project
RIO services, including:
(A) demographic and identifying information;
(B) the person's address on release;
(C) a comprehensive state offense history,
including the date of release from the correctional facility,
sentence discharge date, and conditions of parole;
(D) assessment information;
(E) educational and work history;
(F) information related to participation in the
work against recidivism program operated by the department's
manufacturing and logistics division under the Texas Correctional
Industries office; and
(G) other services provided under this title
before release from the correctional facility; and
(2) referral information from the department and the
Texas Juvenile Justice Department [Youth Commission] necessary to
implement the provision of post-release employment services.
(c) Information received from the Texas Juvenile Justice
Department [Youth Commission] under this section is confidential
and is not subject to disclosure under Chapter 552, Government
Code.
SECTION 138. Section 504.017, Labor Code, is amended to
read as follows:
Sec. 504.017. FEDERAL AND STATE FUNDED TRANSPORTATION
ENTITIES. An entity is eligible to participate under Section
504.016 or Chapter 791 or 2259, Government Code, if the entity
provides transportation subsidized in whole or in part by and
provided to clients of:
(1) the Department of Assistive and Rehabilitative
Services;
(2) the Department of State Health Services;
(3) the Cancer Prevention and Research Institute of
Texas;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Health and Human Services Commission;
(6) the Department of Aging and Disability Services;
or
(7) the Texas Juvenile Justice Department [Youth
Commission].
SECTION 139. Section 244.001(1), Local Government Code, is
amended to read as follows:
(1) "Correctional or rehabilitation facility" means a
probation or parole office or a residential facility that:
(A) is operated by an agency of the state, a
political subdivision of the state, or a private vendor operating
under a contract with an agency of the state or a political
subdivision of the state; and
(B) houses persons convicted of misdemeanors or
felonies or children found to have engaged in delinquent conduct,
regardless of whether the persons are housed in the residential
facility:
(i) while serving a sentence of confinement
following conviction of an offense;
(ii) as a condition of probation, parole,
or mandatory supervision; or
(iii) under a court order for out-of-home
placement under Title 3, Family Code, other than in a foster home
operated under a contract with the juvenile board of the county in
which the foster home is located or under a contract with the Texas
Juvenile Justice Department [Youth Commission].
SECTION 140. Section 244.006, Local Government Code, is
amended to read as follows:
Sec. 244.006. EXEMPTIONS. This subchapter does not apply
to the operation of a correctional or rehabilitation facility at a
location subject to this subchapter if:
(1) on September 1, 1997, the correctional or
rehabilitation facility was in operation, under construction,
under contract for operation or construction, or planned for
construction at the location on land owned or leased by an agency or
political subdivision of the state and designated for use as a
correctional or rehabilitation facility;
(2) the correctional or rehabilitation facility was in
operation or under construction before the establishment of a
residential area the location of which makes the facility subject
to this subchapter;
(3) the correctional or rehabilitation facility is a
temporary correctional or rehabilitation facility that will be
operated at the location for less than one year;
(4) the correctional or rehabilitation facility is
required to obtain a special use permit or a conditional use permit
from the municipality in which the facility is located before
beginning operation;
(5) the correctional or rehabilitation facility is an
expansion of a facility operated by the correctional institutions
division of the Texas Department of Criminal Justice for the
imprisonment of individuals convicted of felonies other than state
jail felonies or by the Texas Juvenile Justice Department [Youth
Commission];
(6) the correctional or rehabilitation facility is a
county jail or a pre-adjudication or post-adjudication juvenile
detention facility operated by a county or county juvenile board;
(7) the facility is:
(A) a juvenile probation office located at, and
operated in conjunction with, a juvenile justice alternative
education center; and
(B) used exclusively by students attending the
juvenile justice alternative education center;
(8) the facility is a public or private institution of
higher education or vocational training to which admission is open
to the general public;
(9) the facility is operated primarily as a treatment
facility for juveniles under contract with the Department of Aging
and Disability Services or the Department of State Health Services
or a local mental health or mental retardation authority;
(10) the facility is operated as a juvenile justice
alternative education program;
(11) the facility:
(A) is not operated primarily as a correctional
or rehabilitation facility; and
(B) only houses persons or children described by
Section 244.001(1)(B) for a purpose related to treatment or
education; or
(12) the facility is a probation or parole office
located in a commercial use area.
SECTION 141. Section 1701.259(a), Occupations Code, is
amended to read as follows:
(a) The commission and the Texas Juvenile Justice
Department [Probation Commission] by rule shall adopt a memorandum
of understanding that establishes a training program in the use of
firearms by juvenile probation officers. The memorandum of
understanding must establish a program that provides instruction
in:
(1) legal limitations on the use of firearms and on the
powers and authority of juvenile probation officers;
(2) range firing and procedure, and firearms safety
and maintenance; and
(3) other topics determined by the commission and the
department [Texas Juvenile Probation Commission] to be necessary
for the responsible use of firearms by juvenile probation officers.
SECTION 142. Section 22.11(d), Penal Code, is amended to
read as follows:
(d) In this section, "correctional or detention facility"
means:
(1) a secure correctional facility; or
(2) a "secure correctional facility" or a "secure
detention facility" as defined by Section 51.02, Family Code,
operated by or under contract with a juvenile board or the Texas
Juvenile Justice Department [Youth Commission] or any other
facility operated by or under contract with that department
[commission].
SECTION 143. Section 38.06(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a felony of the third
degree if the actor:
(1) is under arrest for, charged with, or convicted of
a felony;
(2) is confined or lawfully detained in a secure
correctional facility or law enforcement facility; or
(3) is committed to or lawfully detained in a secure
correctional facility, as defined by Section 51.02, Family Code,
other than a halfway house, operated by or under contract with the
Texas Juvenile Justice Department [Youth Commission].
SECTION 144. Sections 39.04(a), (b), and (f), Penal Code,
are amended to read as follows:
(a) An official of a correctional facility, an employee of a
correctional facility, a person other than an employee who works
for compensation at a correctional facility, a volunteer at a
correctional facility, or a peace officer commits an offense if the
person intentionally:
(1) denies or impedes a person in custody in the
exercise or enjoyment of any right, privilege, or immunity knowing
his conduct is unlawful; or
(2) engages in sexual contact, sexual intercourse, or
deviate sexual intercourse with an individual in custody or, in the
case of an individual in the custody of the Texas Juvenile Justice
Department [Youth Commission], employs, authorizes, or induces the
individual to engage in sexual conduct or a sexual performance.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor. An offense under Subsection (a)(2) is a state jail
felony, except that an offense under Subsection (a)(2) is a felony
of the second degree if the offense is committed against:
(1) an individual in the custody of the Texas Juvenile
Justice Department [Youth Commission]; or
(2) a juvenile offender detained in or committed to a
correctional facility the operation of which is financed primarily
with state funds.
(f) An employee of the Texas Department of Criminal Justice,
the Texas Juvenile Justice Department [Youth Commission], or a
local juvenile probation department commits an offense if the
employee engages in sexual contact, sexual intercourse, or deviate
sexual intercourse with an individual who the employee knows is
under the supervision of the department, juvenile justice
department [commission], or probation department but not in the
custody of the department, juvenile justice department
[commission], or probation department.
SECTION 145. Section 39.04(e)(2), Penal Code, is amended to
read as follows:
(2) "Custody" means the detention, arrest, or
confinement of an adult offender or the detention or the commitment
of a juvenile offender to a facility operated by or under a contract
with the Texas Juvenile Justice Department [Youth Commission] or a
facility operated by or under contract with a juvenile board.
SECTION 146. Section 201.603, Transportation Code, is
amended to read as follows:
Sec. 201.603. AGREEMENT WITH OTHER AGENCIES FOR ROADS. (a)
On request of the Texas Department of Mental Health and Mental
Retardation or the Texas Juvenile Justice Department [Youth
Commission], the department may enter into agreements with either
[that] department [or commission] for the construction,
maintenance, or repair of roads in an institution, hospital, or
school under the control, management, or supervision of that
department [or commission].
(b) The Texas Department of Mental Health and Mental
Retardation or the Texas Juvenile Justice Department [Youth
Commission] may reimburse the appropriate fund of the department
for the cost of construction or maintenance performed under
Subsection (a). Before a transfer of an amount under this
subsection, the reimbursing agency shall notify in writing the
comptroller of the amount to be transferred and the fund from which
the amount is to be taken.
SECTION 147. Section 721.003(a), Transportation Code, is
amended to read as follows:
(a) The governing bodies of the following state agencies or
divisions by rule may exempt from the requirements of Section
721.002 a motor vehicle that is under the control and custody of the
agency or division:
(1) Texas Commission on Fire Protection;
(2) Texas State Board of Pharmacy;
(3) Department of State Health Services and Department
of Aging and Disability Services;
(4) Department of Public Safety of the State of Texas;
(5) Texas Department of Criminal Justice;
(6) Board of Pardons and Paroles;
(7) Parks and Wildlife Department;
(8) Railroad Commission of Texas;
(9) Texas Alcoholic Beverage Commission;
(10) Texas Department of Banking;
(11) Department of Savings and Mortgage Lending;
(12) Texas Juvenile Justice Department [Probation
Commission];
(13) Texas Commission on Environmental Quality;
(14) [Texas Youth Commission;
[(15)] Texas Lottery Commission;
(15) [(16)] the office of the attorney general;
(16) [(17)] Texas Department of Insurance; and
(17) [(18)] an agency that receives an appropriation
under an article of the General Appropriations Act that
appropriates money to the legislature.
SECTION 148. Section 1(a), Chapter 22, Acts of the 57th
Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
Texas Civil Statutes), is amended to read as follows:
(a) This section and Section 2 of this Act apply to:
(1) the governing boards of state-supported
institutions of higher education;
(2) the Texas Higher Education Coordinating Board;
(3) the Texas Education Agency;
(4) the Texas School for the Deaf;
(5) the Texas School for the Blind and Visually
Impaired;
(6) the Texas Department of Mental Health and Mental
Retardation and the state schools, state hospitals, and other
facilities and institutions under its jurisdiction;
(7) the Texas Department of Health and facilities and
institutions under its jurisdiction;
(8) the Texas Juvenile Justice Department [Youth
Commission] and facilities and institutions under its
jurisdiction; and
(9) the governing boards of Centers for Community
Mental Health and Mental Retardation Services, county hospitals,
city hospitals, city-county hospitals, hospital authorities,
hospital districts, affiliated state agencies, and each of their
political subdivisions.
SECTION 149. Section 41.301(2), Government Code, is
repealed.
SECTION 150. If any provision of this Act conflicts with a
provision of another Act of the 84th Legislature, Regular Session,
2015, the provision of the other Act controls to the extent of the
conflict, regardless of the date of enactment.
SECTION 151. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1549 was passed by the House on May
12, 2015, by the following vote: Yeas 143, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1549 was passed by the Senate on May
26, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor