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�	H.B.�No.�3689

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�	AN ACT
�	relating to the functions and continuation of the Texas Youth
�	Commission and the Texas Juvenile Probation Commission and to the
�	functions of the Office of Independent Ombudsman for the Texas
�	Youth Commission.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	ARTICLE 1. TEXAS YOUTH COMMISSION
�	�������SECTION�1.001.��The heading to Chapter 61, Human Resources
�	Code, is amended to read as follows:
�	CHAPTER 61. �TEXAS YOUTH COMMISSION�[COUNCIL]
�	�������SECTION 1.002.��Section 61.001, Human Resources Code, is
�	amended by adding Subdivision (3) to read as follows:
�	�������������(3)��"Board"�means the board of the commission
�	appointed under Section 61.024.
�	�������SECTION�1.003.��Section 61.020, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�61.020.��SUNSET PROVISION. (a)��The Texas Youth
�	Commission is subject to Chapter 325, Government Code (Texas Sunset
�	Act). Unless continued in existence as provided by that chapter,
�	the commission is abolished and this chapter expires September 1,
�	2011 [2009].
�	�������(b)��In the review of the Texas Youth Commission by the
�	Sunset Advisory Commission, as required by this section, the sunset
�	commission shall focus its review on:
�	�������������(1)��the commission's compliance with Chapter 263 (S.B.
�	103), Acts of the 80th Legislature, Regular Session, 2007;
�	�������������(2)��requirements placed on the agency by legislation
�	enacted by the 81st Legislature, Regular Session, 2009, that
�	becomes law, including implementation of programs for the diversion
�	of youth from the commission; and
�	�������������(3)��initiatives of the commission and the Texas
�	Juvenile Probation Commission in coordinating activities and
�	services to better integrate Texas Youth Commission, Texas Juvenile
�	Probation Commission, and county juvenile justice functions,
�	including joint strategic planning, the sharing of youth data
�	across youth-serving agencies, assessments and classification of
�	youth, and collection of data on probation outcomes.
�	�������(c)��In its report to the 82nd Legislature, the sunset
�	commission may include any recommendations it considers
�	appropriate. �This subsection and Subsection (b) expire September
�	1, 2011.
�	�������SECTION�1.004.��Section 61.024(a), Human Resources Code, is
�	amended to read as follows:
�	�������(a)��Notwithstanding any other provision of this chapter,
�	effective September 1, 2009, the commission is governed by a board
�	that consists of seven members appointed by the governor with the
�	advice and consent of the senate. �Appointments to the board shall
�	be made without regard to the race, color, disability, sex,
�	religion, age, or national origin of the appointees. The governor
�	shall designate a member of the board as the presiding officer of
�	the board to serve in that capacity at the pleasure of the governor.
�	�������SECTION�1.005.��Subchapter B, Chapter 61, Human Resources
�	Code, is amended by adding Sections 61.025 through 61.029 to read as
�	follows:
�	�������Sec.�61.025.��RESTRICTIONS ON BOARD MEMBERSHIP AND
�	EMPLOYMENT. (a) A person may not be a member of the board or
�	employed by the board as the executive director if the person or the
�	person's spouse:
�	�������������(1)��is registered, certified, or licensed by a
�	regulatory agency in the field of criminal or juvenile justice;
�	�������������(2)��is employed by or participates in the management
�	of a business entity or other organization regulated by or
�	receiving money from the commission;
�	�������������(3)��owns or controls, directly or indirectly, more
�	than a 10 percent interest in a business entity or other
�	organization regulated by or receiving money from the commission;
�	or
�	�������������(4)��uses or receives a substantial amount of tangible
�	goods, services, or money from the commission, other than
�	compensation or reimbursement authorized by law for board
�	membership, attendance, or expenses.
�	�������(b)��A person may not be a board member and may not be a
�	commission employee who is employed in a "bona fide executive,
�	administrative, or professional capacity," as that phrase is used
�	for purposes of establishing an exemption to the overtime
�	provisions of the federal Fair Labor Standards Act of 1938 (29
�	U.S.C. Section 201 et seq.), if:
�	�������������(1)��the person is an officer, employee, or paid
�	consultant of a Texas trade association in the field of criminal or
�	juvenile justice; or
�	�������������(2)��the person's spouse is an officer, manager, or paid
�	consultant of a Texas trade association in the field of criminal or
�	juvenile justice.
�	�������(c)��A person may not be a member of the board or act as the
�	general counsel to the board or the commission if the person is
�	required to register as a lobbyist under Chapter 305, Government
�	Code, because of the person's activities for compensation on behalf
�	of a profession related to the operation of the commission.
�	�������(d)��In this section, "Texas trade association" means a
�	cooperative and voluntarily joined statewide association of
�	business or professional competitors in this state designed to
�	assist its members and its industry or profession in dealing with
�	mutual business or professional problems and in promoting their
�	common interest.
�	�������Sec.�61.026.��REMOVAL OF BOARD MEMBERS. (a) It is a ground
�	for removal from the board that a member:
�	�������������(1)��does not have at the time of taking office the
�	qualifications required by Section 61.024(b);
�	�������������(2)��does not maintain during service on the board the
�	qualifications required by Section 61.024(b);
�	�������������(3)��is ineligible for membership under Section 61.025;
�	�������������(4)��cannot, because of illness or disability,
�	discharge the member's duties for a substantial part of the member's
�	term; or
�	�������������(5)��is absent from more than half of the regularly
�	scheduled board meetings that the member is eligible to attend
�	during a calendar year without an excuse approved by a majority vote
�	of the board.
�	�������(b)��The validity of an action of the board is not affected by
�	the fact that it is taken when a ground for removal of a board member
�	exists.
�	�������(c)��If the executive director has knowledge that a potential
�	ground for removal exists, the executive director shall notify the
�	presiding officer of the board of the potential ground. The
�	presiding officer shall then notify the governor and the attorney
�	general that a potential ground for removal exists. If the
�	potential ground for removal involves the presiding officer, the
�	executive director shall notify the next highest ranking officer of
�	the board, who shall then notify the governor and the attorney
�	general that a potential ground for removal exists.
�	�������Sec.�61.027.��TRAINING FOR BOARD MEMBERS. (a) A person who
�	is appointed to and qualifies for office as a member of the board
�	may not vote, deliberate, or be counted as a member in attendance at
�	a meeting of the board until the person completes a training program
�	that complies with this section.
�	�������(b)��The training program must provide the person with
�	information regarding:
�	�������������(1)��the legislation that created the commission;
�	�������������(2)��the programs, functions, rules, and budget of the
�	commission;
�	�������������(3)��the results of the most recent formal audit of the
�	commission;
�	�������������(4)��the requirements of laws relating to open
�	meetings, public information, administrative procedure, and
�	conflicts of interest; and
�	�������������(5)��any applicable ethics policies adopted by the
�	commission or the Texas Ethics Commission.
�	�������(c)��A person appointed to the board is entitled to
�	reimbursement, as provided by the General Appropriations Act, for
�	the travel expenses incurred in attending the training program
�	regardless of whether the attendance at the program occurs before
�	or after the person qualifies for office.
�	�������Sec.�61.028.��USE OF TECHNOLOGY. The board shall implement a
�	policy requiring the commission to use appropriate technological
�	solutions to improve the commission's ability to perform its
�	functions. The policy must ensure that the public is able to
�	interact with the commission on the Internet.
�	�������Sec.�61.029.��NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
�	RESOLUTION. (a) The board shall develop and implement a policy to
�	encourage the use of:
�	�������������(1)��negotiated rulemaking procedures under Chapter
�	2008, Government Code, for the adoption of commission rules; and
�	�������������(2)��appropriate alternative dispute resolution
�	procedures under Chapter 2009, Government Code, to assist in the
�	resolution of internal and external disputes under the commission's
�	jurisdiction.
�	�������(b)��The commission's procedures relating to alternative
�	dispute resolution must conform, to the extent possible, to any
�	model guidelines issued by the State Office of Administrative
�	Hearings for the use of alternative dispute resolution by state
�	agencies.
�	�������(c)��The board shall designate a trained person to:
�	�������������(1)��coordinate the implementation of the policy
�	adopted under Subsection (a);
�	�������������(2)��serve as a resource for any training needed to
�	implement the procedures for negotiated rulemaking or alternative
�	dispute resolution; and
�	�������������(3)��collect data concerning the effectiveness of those
�	procedures, as implemented by the commission.
�	�������SECTION�1.006.��Section 61.0352, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�61.0352.��DIVISION OF RESPONSIBILITY.��The board
�	[executive commissioner] shall develop and implement policies that
�	clearly separate the policymaking responsibilities of the board
�	[executive commissioner] and the management responsibilities of
�	the staff of the commission.
�	�������SECTION�1.007.��Section 61.0422, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�61.0422.��COMPLAINTS REGARDING SERVICES. (a) �The
�	commission shall maintain a system to promptly and efficiently act
�	on a�[keep a file about each written] complaint filed with the
�	commission by a person, other than a child receiving services from
�	the commission or the child's parent or guardian, that the
�	commission has authority to resolve. �The commission shall maintain
�	information about parties to the complaint, the subject matter of
�	the complaint, a summary of the results of the review or
�	investigation of the complaint, and the disposition of the
�	complaint.
�	�������(b)��The commission shall make information available
�	describing the commission's�[provide to the person filing the
�	complaint and the persons or entities complained about the
�	commission's policies and] procedures for�[pertaining to]
�	complaint investigation and resolution.
�	�������(c)��The commission[, at least quarterly and until final
�	disposition of the complaint,] shall periodically notify the
�	[person filing the] complaint parties�[and the persons or entities
�	complained about] of the status of the complaint until final
�	disposition,�unless the notice would jeopardize an undercover
�	investigation.
�	�������(d)�[(b) � � The commission shall keep information about each
�	file required by Subsection (a). The information must include:
�	�������������[(1)��the date the complaint is received;
�	�������������[(2)��the name of the complainant;
�	�������������[(3)��the subject matter of the complaint;
�	�������������[(4) � � a record of all persons contacted in relation to
�	the complaint;
�	�������������[(5) � � a summary of the results of the review or
�	investigation of the complaint; and
�	�������������[(6) � � for complaints for which the commission took no
�	action, an explanation of the reason the complaint was closed
�	without action.
�	�������[(c)]��The commission shall keep information about each
�	written complaint filed with the commission by a child receiving
�	services from the commission or the child's parent or guardian. The
�	information must include:
�	�������������(1)��the subject matter of the complaint;
�	�������������(2)��a summary of the results of the review or
�	investigation of the complaint; and
�	�������������(3)��the period of time between the date the complaint
�	is received and the date the complaint is closed.
�	�������SECTION�1.008.��Section 61.0423, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�61.0423.��PUBLIC HEARINGS. (a)��The board [executive
�	commissioner] shall develop and implement policies that provide the
�	public with a reasonable opportunity to appear before the board
�	[executive commissioner or the executive commissioner's designee]
�	and to speak on any issue under the jurisdiction of the commission.
�	�������(b)��The board [executive commissioner] shall ensure that
�	the location of public hearings held in accordance with this
�	section is rotated between municipalities in which a commission
�	facility is located or that are in proximity to a commission
�	facility.
�	�������SECTION�1.009.��Sections 61.0451(a) and (i), Human Resources
�	Code, are amended to read as follows:
�	�������(a)��The office of inspector general is established at the
�	commission for the purpose of investigating:
�	�������������(1)��crimes committed by commission employees,
�	including parole officers employed by or under a contract with the
�	commission; and
�	�������������(2)��crimes and delinquent conduct committed at a
�	facility operated by the commission, [or at] a residential facility
�	operated by another entity under a contract with the commission, or
�	any facility in which a child committed to the custody of the
�	commission is housed or receives medical or mental health
�	treatment.
�	�������(i)��The office of inspector general shall immediately
�	report to the executive director [commissioner], the [advisory]
�	board, the governor's general counsel, and the state auditor:
�	�������������(1)��any particularly serious or flagrant problem
�	concerning the administration of a commission program or operation;
�	or
�	�������������(2)��any interference by the executive director,
�	[commissioner or] an employee of the commission, a facility
�	described by Subsection (a)(2), or an officer or employee of a
�	facility described by Subsection (a)(2) with an investigation
�	conducted by the office.
�	�������SECTION�1.010.��Subchapter D, Chapter 61, Human Resources
�	Code, is amended by adding Section 61.067 to read as follows:
�	�������Sec.�61.067.��INFORMATION PROVIDED TO COMMITTING COURT. �(a) �
�	If a court that commits a child to the commission requests, in the
�	commitment order, that the commission keep the court informed of
�	the progress the child is making while committed to the commission,
�	the commission shall provide the court with periodic updates on the
�	child's progress.
�	�������(b)��A report provided under Subsection (a) may include any
�	information the commission determines to be relevant in evaluating
�	the child's progress, including, as applicable, information
�	concerning the child's treatment, education, and health.
�	�������(c)��A report provided under this section may not include
�	information that is protected from disclosure under state or
�	federal law.
�	�������SECTION�1.011. �Subchapter F, Chapter 61, Human Resources
�	Code, is amended by adding Section 61.08131 to read as follows:
�	�������Sec.�61.08131.��COMPREHENSIVE REENTRY AND REINTEGRATION
�	PLAN FOR CHILDREN; STUDY AND REPORT. (a) The commission shall
�	develop a comprehensive plan to reduce recidivism and ensure the
�	successful reentry and reintegration of children into the community
�	following a child's release under supervision or final discharge,
�	as applicable, from the commission.
�	�������(b)��The comprehensive reentry and reintegration plan
�	developed under this section must provide for:
�	�������������(1)��an assessment of each child committed to the
�	commission to determine which skills the child needs to develop to
�	be successful in the community following release under supervision
�	or final discharge;
�	�������������(2)��programs that address the assessed needs of each
�	child;
�	�������������(3)��a comprehensive network of transition programs to
�	address the needs of children released under supervision or finally
�	discharged from the commission;
�	�������������(4)��the identification of providers of existing local
�	programs and transitional services with whom the commission may
�	contract under this section to implement the reentry and
�	reintegration plan; and
�	�������������(5)��subject to Subsection (c), the sharing of
�	information between local coordinators, persons with whom the
�	commission contracts under this section, and other providers of
�	services as necessary to adequately assess and address the needs of
�	each child.
�	�������(c)��A child's personal health information may be disclosed
�	under Subsection (b)(5) only in the manner authorized by Section
�	61.0731 or other state or federal law, provided that the disclosure
�	does not violate the Health Insurance Portability and
�	Accountability Act of 1996 (Pub. L. No. 104-191).
�	�������(d)��The programs provided under Subsections (b)(2) and (3)
�	must:
�	�������������(1)��be implemented by highly skilled staff who are
�	experienced in working with reentry and reintegration programs for
�	children;
�	�������������(2)��provide children with:
�	�������������������(A)��individualized case management and a full
�	continuum of care;
�	�������������������(B)��life-skills training, including information
�	about budgeting, money management, nutrition, and exercise;
�	�������������������(C)��education and, if a child has a learning
�	disability, special education;
�	�������������������(D)��employment training;
�	�������������������(E)��appropriate treatment programs, including
�	substance abuse and mental health treatment programs; and
�	�������������������(F)��parenting and relationship-building classes;
�	and
�	�������������(3)��be designed to build for children post-release and
�	post-discharge support from the community into which the child is
�	released under supervision or finally discharged, including
�	support from agencies and organizations within that community.
�	�������(e)��The commission may contract and coordinate with private
�	vendors, units of local government, or other entities to implement
�	the comprehensive reentry and reintegration plan developed under
�	this section, including contracting to:
�	�������������(1)��coordinate the supervision and services provided
�	to children during the time children are in the custody of the
�	commission with any supervision or services provided children who
�	have been released under supervision or finally discharged from the
�	commission;
�	�������������(2)��provide children awaiting release under
�	supervision or final discharge with documents that are necessary
�	after release or discharge, including identification papers,
�	medical prescriptions, job training certificates, and referrals to
�	services; and
�	�������������(3)��provide housing and structured programs,
�	including programs for recovering substance abusers, through which
�	children are provided services immediately following release under
�	supervision or final discharge.
�	�������(f)��To ensure accountability, any contract entered into
�	under this section must contain specific performance measures that
�	the commission shall use to evaluate compliance with the terms of
�	the contract.
�	�������(g)��The commission shall ensure that each reentry and
�	reintegration plan developed for a child under Section 61.0814 is
�	coordinated with the comprehensive reentry and reintegration plan
�	developed under this section.
�	�������(h)��The commission shall conduct and coordinate research to
�	determine whether the comprehensive reentry and reintegration plan
�	developed under this section reduces recidivism rates.
�	�������(i)��Not later than December 1 of each even-numbered year,
�	the commission shall deliver a report of the results of research
�	conducted or coordinated under Subsection (h) to the lieutenant
�	governor, the speaker of the house of representatives, and the
�	standing committees of each house of the legislature with primary
�	jurisdiction over juvenile justice and corrections.
�	�������SECTION�1.012.��Subchapter F, Chapter 61, Human Resources
�	Code, is amended by adding Section 61.08141 to read as follows:
�	�������Sec.�61.08141.��INFORMATION PROVIDED TO COURT BEFORE
�	RELEASE. (a) In addition to providing the court with notice of
�	release of a child under Section 61.081(e), as soon as possible but
�	not later than the 30th day before the date the commission releases
�	the child, the commission shall provide the court that committed
�	the child to the commission:
�	�������������(1)��a copy of the child's reentry and reintegration
�	plan developed under Section 61.0814; and
�	�������������(2)��a report concerning the progress the child has
�	made while committed to the commission.
�	�������(b)��If, on release, the commission places a child in a
�	county other than the county served by the court that committed the
�	child to the commission, the commission shall provide the
�	information described by Subsection (a) to both the committing
�	court and the juvenile court in the county where the child is placed
�	after release.
�	�������(c)��If, on release, a child's residence is located in
�	another state, the commission shall provide the information
�	described by Subsection (a) to both the committing court and a
�	juvenile court of the other state that has jurisdiction over the
�	area in which the child's residence is located.
�	�������SECTION�1.013.��Section 61.0911, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�61.0911.��COORDINATED STRATEGIC PLAN. The Texas Youth
�	Commission shall biennially develop with the Texas Juvenile
�	Probation Commission a coordinated strategic plan in the manner
�	described by Sections�[as required by Section] 141.0471 and
�	141.0472.
�	�������SECTION�1.014.��Section 61.098(b), Human Resources Code, is
�	amended to read as follows:
�	�������(b)��As appropriate, the district attorney, criminal
�	district attorney, or county attorney representing the state in
�	criminal matters before the district or inferior courts of the
�	county who would otherwise represent the state in the prosecution
�	of an offense or delinquent conduct concerning the commission and
�	described by Article 104.003(a), Code of Criminal Procedure, may
�	request that the special prosecution unit prosecute, or assist in
�	the prosecution of,�the offense or delinquent conduct.
�	ARTICLE 2. OFFICE OF INDEPENDENT OMBUDSMAN FOR THE TEXAS YOUTH
�	COMMISSION
�	�������SECTION�2.001.��Section 64.054, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�64.054.��SUNSET PROVISION.��(a)�The office is
�	subject to review under Chapter 325, Government Code (Texas Sunset
�	Act), but is not abolished under that chapter.��The office shall be
�	reviewed during the periods in which the Texas Youth Commission is
�	[state agencies abolished in 2009 and every 12th year after 2009
�	are] reviewed.
�	�������(b)��Notwithstanding Subsection (a), the Sunset Advisory
�	Commission shall focus its review of the office on compliance with
�	requirements placed on the office by legislation enacted by the
�	81st Legislature, Regular Session, 2009, that becomes law. �This
�	subsection expires September 1, 2011.
�	�������SECTION�2.002.��Section 64.058, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.��64.058.��RULEMAKING AUTHORITY. �(a)�The office by
�	rule shall establish policies and procedures for the operations of
�	the office of independent ombudsman.
�	�������(b)��The office and the commission shall adopt rules
�	necessary to implement Section 64.060, including rules that
�	establish procedures for the commission to review and comment on
�	reports of the office and for the commission to expedite or
�	eliminate review of and comment on a report due to an emergency or a
�	serious or flagrant circumstance described by Section 64.055(b).
�	�������SECTION�2.003.��Subchapter B, Chapter 64, Human Resources
�	Code, is amended by adding Sections 64.060 and 64.061 to read as
�	follows:
�	�������Sec.�64.060.��REVIEW AND FORMAT OF REPORTS. (a) �The office
�	shall accept, both before and after publication, comments from the
�	commission concerning the following types of reports published by
�	the office under this chapter:
�	�������������(1)��the office's quarterly report under Section
�	64.055(a);
�	�������������(2)��reports concerning serious or flagrant
�	circumstances under Section 64.055(b); and
�	�������������(3)��any other formal reports containing findings and
�	making recommendations concerning systemic issues that affect the
�	commission.
�	�������(b)��The commission may not submit comments under Subsection
�	(a) after the 30th day after the date the report on which the
�	commission is commenting is published.
�	�������(c)��The office shall ensure that reports described by
�	Subsection (a) are in a format to which the commission can easily
�	respond.
�	�������(d)��After receipt of comments under this section, the office
�	is not obligated to change any report or change the manner in which
�	the office performs the duties of the office.
�	�������Sec.�64.061.��COMPLAINTS. (a) The office shall maintain a
�	system to promptly and efficiently act on complaints filed with the
�	office that relate to the operations or staff of the office. The
�	office shall maintain information about parties to the complaint,
�	the subject matter of the complaint, a summary of the results of the
�	review or investigation of the complaint, and the disposition of
�	the complaint.�
�	�������(b)��The office shall make information available describing
�	its procedures for complaint investigation and resolution.
�	�������(c)��The office shall periodically notify the complaint
�	parties of the status of the complaint until final disposition.
�	�������SECTION�2.004.��Subchapter C, Chapter 64, Human Resources
�	Code, is amended by adding Section 64.104 to read as follows:
�	�������Sec.�64.104.��MEMORANDUM OF UNDERSTANDING. (a) �The office
�	and the commission shall enter into a memorandum of understanding
�	concerning:
�	�������������(1)��the most efficient manner in which to share
�	information with one another; and
�	�������������(2)��the procedures for handling overlapping
�	monitoring duties and activities performed by the office and the
�	commission.
�	�������(b)��The memorandum of understanding entered into under
�	Subsection (a), at a minimum, must:
�	�������������(1)��address the interaction of the office with that
�	portion of the commission that conducts an internal audit under
�	Section 61.0331;
�	�������������(2)��address communication between the office and the
�	commission concerning individual situations involving children
�	committed to the commission and how those situations will be
�	documented and handled;
�	�������������(3)��contain guidelines on the office's role in
�	relevant working groups and policy development decisions at the
�	commission;
�	�������������(4)��ensure opportunities for sharing information
�	between the office and the commission for the purposes of assuring
�	quality and improving programming within the commission; and
�	�������������(5)��preserve the independence of the office by
�	authorizing the office to withhold information concerning matters
�	under active investigation by the office from the commission and
�	commission staff and to report the information to the governor.
�	ARTICLE 3. TEXAS JUVENILE PROBATION COMMISSION
�	�������SECTION�3.001. Section 141.011(a), Human Resources Code, is
�	amended to read as follows:
�	�������(a)��The commission consists of:
�	�������������(1)��two district court judges who sit as juvenile
�	court judges;
�	�������������(2)��two county judges or commissioners; [and]
�	�������������(3)��one chief juvenile probation officer;
�	�������������(4)��one mental health treatment professional licensed
�	under Subtitle B or I, Title 3, Occupations Code;
�	�������������(5)��one educator, as that term is defined by Section
�	5.001, Education Code;
�	�������������(6)��one member who represents an organization that
�	advocates on behalf of juvenile offenders or victims of delinquent
�	or criminal conduct; and
�	�������������(7)��one member�[five members] of the public who is�
�	[are] not an employee�[employees] in the criminal or juvenile
�	justice system and is recognized in the community for the person's
�	interest in youth.
�	�������SECTION�3.002.��Section 141.012, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�141.012.��SUNSET PROVISION. (a)�The Texas Juvenile
�	Probation Commission is subject to Chapter 325, Government Code
�	(Texas Sunset Act). Unless continued in existence as provided by
�	that chapter, the commission is abolished and this chapter expires
�	September 1, 2011�[2009].
�	�������(b)��In the review of the Texas Juvenile Probation Commission
�	by the Sunset Advisory Commission, as required by this section, the
�	sunset commission shall focus its review on the following:
�	�������������(1)��the commission's compliance with Chapter 263 (S.B.
�	103), Acts of the 80th Legislature, Regular Session, 2007;
�	�������������(2)��requirements placed on the agency by legislation
�	enacted by the 81st Legislature, Regular Session, 2009, that
�	becomes law, including implementation of programs for the diversion
�	of youth from the Texas Youth Commission; and
�	�������������(3)��initiatives of the commission and the Texas Youth
�	Commission in coordinating activities and services to better
�	integrate Texas Juvenile Probation Commission, Texas Youth
�	Commission, and county juvenile justice functions, including joint
�	strategic planning, the sharing of youth data across youth-serving
�	agencies, assessment and classification of youth, and collection of
�	data on probation outcomes.
�	�������(c)��In its report to the 82nd Legislature, the sunset
�	commission may include any recommendations it considers
�	appropriate. This subsection and Subsection (b) expire September 1,
�	2011.
�	�������SECTION�3.003.��Section 141.014, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�141.014.��RESTRICTIONS ON COMMISSION APPOINTMENT,
�	MEMBERSHIP, AND EMPLOYMENT. (a)��A person may not be [is not
�	eligible for appointment or service as] a public member of the
�	commission if the person or the person's spouse:
�	�������������(1)��owns or controls, directly or indirectly, more
�	than a 10 percent interest in a business entity or other
�	organization regulated by or receiving money from the commission
�	[or receiving funds from the commission]; [or]
�	�������������(2)��uses or receives a substantial amount of tangible
�	goods, services, or funds from the commission, other than
�	compensation or reimbursement authorized by law for commission
�	membership, attendance, or expenses;
�	�������������(3)��is registered, certified, or licensed by a
�	regulatory agency in the field of criminal or juvenile justice; or
�	�������������(4)��is employed by or participates in the management
�	of a business entity or other organization regulated by or
�	receiving money from the commission.
�	�������(b)��A person may not be a member of the commission and may
�	not be a commission employee employed in a "bona fide executive,
�	administrative, or professional capacity," as that phrase is used
�	for purposes of establishing an exemption to the overtime
�	provisions of the federal Fair Labor Standards Act of 1938 (29
�	U.S.C. Section 201 et seq.), if:
�	�������������(1)��the person is an officer, employee, or paid
�	consultant of a Texas trade association in the field of criminal or
�	juvenile justice; or
�	�������������(2)��the person's spouse is an officer, manager, or paid
�	consultant of a Texas trade association in the field of criminal or
�	juvenile justice [An officer, employee, or paid consultant of a
�	trade association in the field of criminal or juvenile justice may
�	not be a member or employee of the commission].
�	�������(c)��[A person who is the spouse of an officer, employee, or
�	paid consultant of a trade association in the field of criminal or
�	juvenile justice may not be a commission member or a commission
�	employee, including exempt employees, compensated at grade 17 or
�	over according to the position classification schedule under the
�	General Appropriations Act.
�	�������[(d)] A person may not serve as a member of the commission or
�	act as the general counsel to the commission if the person is
�	required to register as a lobbyist under Chapter 305, Government
�	Code, because of the person's activities for compensation in or on
�	behalf of a profession related to the operation of the commission.
�	�������(d)�[(e)]��In this section, "Texas trade association" means
�	a [nonprofit,] cooperative and [,] voluntarily joined statewide
�	association of business or professional competitors in this state
�	designed to assist its members and its industry or profession in
�	dealing with mutual or professional problems and in promoting their
�	common interest.
�	�������SECTION�3.004.��Section 141.0145, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�141.0145.��TRAINING FOR COMMISSION MEMBERS. (a)��A�[To
�	be eligible to take office as a member of the commission, a] person
�	who is appointed to and qualifies for office as a member of the
�	commission may not vote, deliberate, or be counted as a member in
�	attendance at a meeting of the commission until the person
�	completes [must complete at least one course of] a training program
�	that complies with this section.
�	�������(b)��The training program must provide information to the
�	person regarding:
�	�������������(1)��the [enabling] legislation that created the
�	commission [and its policymaking body to which the person is
�	appointed to serve];
�	�������������(2)��the programs operated by the commission;
�	�������������(3)��the roles [role] and functions of the commission;
�	�������������(4)��[the rules of the commission with an emphasis on
�	the rules that relate to disciplinary and investigatory authority;
�	�������������[(5)]��the [current] budget of [for] the commission;
�	�������������(5)�[(6)]��the results of the most recent formal audit
�	of the commission;
�	�������������(6)�[(7)]��the requirements of law relating to open
�	meetings, public information, administrative procedure, and
�	conflicts of interest [the:
�	�������������������[(A) � � open meetings law, Chapter 551, Government
�	Code;
�	�������������������[(B) � � open records law, Chapter 552, Government
�	Code; and
�	�������������������[(C) � � administrative procedure law, Chapter 2001,
�	Government Code]; and
�	�������������(7)��[(8) � � the requirements of the conflict of
�	interests laws and other laws relating to public officials; and
�	�������������[(9)]��any applicable ethics policies adopted by the
�	commission or the Texas Ethics Commission.
�	�������(c)��A person appointed to the commission is entitled to
�	reimbursement, as provided in the General Appropriations Act, for
�	travel expenses incurred in attending the training program,
�	regardless of whether the attendance at the program occurs before
�	or after the person qualifies for office [as provided by the General
�	Appropriations Act and as if the person were a member of the
�	commission].
�	�������SECTION�3.005.��Sections 141.017(a) and (c), Human Resources
�	Code, are amended to read as follows:
�	�������(a)��It is a ground for removal from the commission if a
�	member:
�	�������������(1)��does not have at the time of taking office
�	[appointment] the qualifications required by Section 141.011;
�	�������������(2)��does not maintain during service on the commission
�	the qualifications required by Section 141.011�[is not eligible for
�	appointment to or service on the commission as provided by Section
�	141.014(a)];
�	�������������(3)��is ineligible for membership under Section 141.014
�	[violates a prohibition established by Section 141.014(b), (c), or
�	(d)];
�	�������������(4)��cannot, because of illness or disability,
�	discharge the member's duties for a substantial part of the term for
�	which the member is appointed [because of illness or disability];
�	or
�	�������������(5)��is absent from more than half of the regularly
�	scheduled commission meetings that the member is eligible to attend
�	during a calendar year unless the absence is excused by majority
�	vote of the commission.
�	�������(c)��If the director has knowledge that a potential ground
�	for removal exists, the director shall notify the presiding officer
�	[chairman] of the commission of the potential ground. The
�	presiding officer [chairman] shall then notify the governor and the
�	attorney general that a potential ground for removal exists. If the
�	potential ground for removal involves the presiding officer
�	[chairman], the director shall notify the next highest officer of
�	the commission, who shall notify the governor and the attorney
�	general that a potential ground for removal exists.
�	�������SECTION�3.006.��Section 141.022(b), Human Resources Code, is
�	amended to read as follows:
�	�������(b)��The advisory council shall report any determinations
�	made under Subsection (c)�to the members of the commission
�	appointed under Section 141.011�[the director].
�	�������SECTION�3.007. Subchapter B, Chapter 141, Human Resources
�	Code, is amended by adding Sections 141.027 through 141.029 to read
�	as follows:
�	�������Sec.�141.027.��COMPLAINTS. (a) The commission shall
�	maintain a system to promptly and efficiently act on complaints
�	filed with the commission, other than complaints received under
�	Section 141.049. The commission shall maintain information about
�	parties to the complaint, the subject matter of the complaint, a
�	summary of the results of the review or investigation of the
�	complaint, and its disposition.
�	�������(b)��The commission shall make information available
�	describing its procedures for complaint investigation and
�	resolution.
�	�������(c)��The commission shall periodically notify the complaint
�	parties of the status of the complaint until final disposition.
�	�������Sec.�141.028.��USE OF TECHNOLOGY. The commission shall
�	implement a policy requiring the commission to use appropriate
�	technological solutions to improve the commission's ability to
�	perform its functions. The policy must ensure that the public is
�	able to interact with the commission on the Internet.
�	�������Sec.�141.029.��NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
�	RESOLUTION. (a) The commission shall develop and implement a
�	policy to encourage the use of:
�	�������������(1)��negotiated rulemaking procedures under Chapter
�	2008, Government Code, for the adoption of commission rules; and
�	�������������(2)��appropriate alternative dispute resolution
�	procedures under Chapter 2009, Government Code, to assist in the
�	resolution of internal and external disputes under the commission's
�	jurisdiction.
�	�������(b)��The commission's procedures relating to alternative
�	dispute resolution must conform, to the extent possible, to any
�	model guidelines issued by the State Office of Administrative
�	Hearings for the use of alternative dispute resolution by state
�	agencies.
�	�������(c)��The commission shall designate a trained person to:
�	�������������(1)��coordinate the implementation of the policy
�	adopted under Subsection (a);
�	�������������(2)��serve as a resource for any training needed to
�	implement the procedures for negotiated rulemaking or alternative
�	dispute resolution; and
�	�������������(3)��collect data concerning the effectiveness of those
�	procedures, as implemented by the commission.
�	�������SECTION�3.008.��Section 141.042, Human Resources Code, is
�	amended by amending Subsections (a), (e), and (h) and adding
�	Subsections (d), (f), (i), and (j) to read as follows:
�	�������(a)��The commission shall adopt reasonable rules that
�	provide:
�	�������������(1)��minimum standards for personnel, staffing, case
�	loads, programs, facilities, record keeping, equipment, and other
�	aspects of the operation of a juvenile board that are necessary to
�	provide adequate and effective probation services;
�	�������������(2)��a code of ethics for probation and detention
�	officers and for the enforcement of that code;
�	�������������(3)��appropriate educational, preservice and
�	in-service training, and certification standards for probation and
�	detention officers or court-supervised community-based program
�	personnel;
�	�������������(4)��subject to Subsection (d),�minimum standards for
�	public and private juvenile pre-adjudication secure detention
�	facilities, public juvenile post-adjudication secure correctional
�	facilities that are operated under the authority of a juvenile
�	board or governmental unit, [and] private juvenile
�	post-adjudication secure correctional facilities operated under a
�	contract with a governmental unit, except those facilities exempt
�	from certification by Section 42.052(g), and nonsecure
�	correctional facilities operated by or under contract with a
�	governmental unit; and
�	�������������(5)��minimum standards for juvenile justice
�	alternative education programs created under Section 37.011,
�	Education Code, in collaboration and conjunction with the Texas
�	Education Agency, or its designee.
�	�������(d)��In adopting rules under Subsection (a)(4), the
�	commission shall ensure that the minimum standards for facilities
�	described by Subsection (a)(4) are designed to ensure that
�	juveniles confined in those facilities are provided the rights,
�	benefits, responsibilities, and privileges to which a juvenile is
�	entitled under the United States Constitution, federal law, and the
�	constitution and laws of this state. The minimum standards must
�	include a humane physical and psychological environment, safe
�	conditions of confinement, protection from harm, adequate
�	rehabilitation and education, adequate medical and mental health
�	treatment, and due process of law.
�	�������(e)��Juvenile probation departments shall use the mental
�	health screening instrument selected by the commission for the
�	initial screening of children under the jurisdiction of probation
�	departments who have been formally referred to the department. �The
�	commission shall give priority to training in the use of this
�	instrument in any preservice or in-service training that the
�	commission provides for probation officers. �A clinical assessment
�	by a licensed mental health professional may be substituted for the
�	mental health screening instrument selected by the commission if
�	the clinical assessment is performed in the time prescribed by the
�	commission[. � Juvenile probation departments shall report data from
�	the use of the screening instrument or the clinical assessment to
�	the commission in a format and in the time prescribed by the
�	commission].
�	�������(f)��A juvenile probation department must, before the
�	disposition of a child's case and using a validated risk and needs
�	assessment instrument or process provided or approved by the
�	commission, complete a risk and needs assessment for each child
�	under the jurisdiction of the juvenile probation department.
�	�������(h)��A juvenile board that does not accept state aid funding
�	from the commission under Section 141.081 shall report to the
�	commission each month on a form provided by the commission the same
�	data as that required of counties accepting state aid funding
�	regarding juvenile justice activities under the jurisdiction of the
�	juvenile�board. If the commission makes available free software to
�	the juvenile�board for the automation and tracking of juveniles
�	under the jurisdiction of the juvenile�board, the commission may
�	require the monthly report to be provided in an electronic format
�	adopted by [rule by] the commission.
�	�������(i)��A juvenile probation department shall report data from
�	the use of the screening instrument or clinical assessment under
�	Subsection (e) and the risk and needs assessment under Subsection
�	(f) to the commission in the format and at the time prescribed by
�	the commission.
�	�������(j)��The commission shall adopt rules to ensure that youth in
�	the juvenile justice system are assessed using the screening
�	instrument or clinical assessment under Subsection (e) and the risk
�	and needs assessment under Subsection (f).
�	�������SECTION�3.009.��Subchapter C, Chapter 141, Human Resources
�	Code, is amended by amending Section 141.0471 and adding Section
�	141.0472 to read as follows:
�	�������Sec.�141.0471.��COORDINATED STRATEGIC PLANNING COMMITTEE
�	[PLAN FOR JUVENILE JUSTICE SYSTEM]. (a) The director�[commission]
�	and the executive director of the Texas Youth Commission shall
�	jointly appoint a strategic planning committee to�biennially
�	develop a coordinated strategic plan which shall guide, but not
�	substitute for, the strategic plans developed individually by the
�	agencies. �The director and the executive director of the Texas
�	Youth Commission are co-presiding officers of the strategic
�	planning committee.
�	�������(b)��The director shall appoint four members to the strategic
�	planning committee. The director shall appoint at least:
�	�������������(1)��one committee member who represents the interests
�	of families of juvenile offenders;
�	�������������(2)��one committee member who represents the interests
�	of local juvenile probation departments; and
�	�������������(3)��one committee member who is a mental health
�	treatment professional licensed under Subtitle B or I, Title 3,
�	Occupations Code.
�	�������(c)��The executive director of the Texas Youth Commission
�	shall appoint four members to the strategic planning committee.
�	The executive director shall appoint at least:
�	�������������(1)��one committee member who represents the interests
�	of juvenile offenders;
�	�������������(2)��one committee member who represents the interests
�	of the victims of delinquent or criminal conduct; and
�	�������������(3)��one committee member who is an educator as defined
�	by Section 5.001, Education Code.
�	�������Sec.�141.0472.��COORDINATED STRATEGIC PLAN; ADOPTION OF
�	PLAN. �(a)�[(b)]��The coordinated strategic�plan developed by the
�	strategic planning committee under Section 141.0471 must�[shall]:
�	�������������(1)��identify short-term and long-term policy goals;
�	�������������(2)��identify time frames and strategies for meeting
�	the goals identified under Subdivision (1);
�	�������������(3)��estimate population projections, including
�	projections of population characteristics;
�	�������������(4)��estimate short-term and long-term capacity,
�	programmatic, and funding needs;
�	�������������(5)��describe intensive service and surveillance
�	parole pilot programs to be jointly developed;
�	�������������(6)��include an evaluation of aftercare services
�	emphasizing concrete outcome measures, including recidivism and
�	educational progress;
�	�������������(7)��identify objective criteria for the various
�	decision points throughout the continuum of juvenile justice
�	services and sanctions to guard against disparate treatment of
�	minority youth; [and]
�	�������������(8)��identify cross-agency outcome measures by which to
�	evaluate the effectiveness of the system generally;
�	�������������(9)��include a plan of implementation for the
�	development of common data sources and data sharing among the
�	commission, juvenile probation departments, the Texas Youth
�	Commission, the Department of Family and Protective Services, the
�	Department of State Health Services, the Health and Human Services
�	Commission, the Texas Education Agency, and other state agencies
�	that serve youth in the juvenile justice system;
�	�������������(10)��include the development of new, or the
�	improvement of existing, validated risk assessment instruments;
�	�������������(11)��include strategies to determine which programs
�	are most effective in rehabilitating youth in the juvenile justice
�	system;
�	�������������(12)��include planning for effective aftercare
�	programs and services, including ensuring that youth in the
�	juvenile justice system have personal identification and
�	appropriate referrals to service providers; and
�	�������������(13)��track performance measures to illustrate the
�	costs of different levels of treatment and to identify the most
�	cost-effective programs in each component of the juvenile justice
�	system in this state.
�	�������(b)��In addition to the information described by Subsection
�	(a), the coordinated strategic plan must include specific processes
�	and procedures for routinely communicating juvenile justice system
�	information between the commission and the Texas Youth Commission
�	and determining opportunities to coordinate practices for
�	improving outcomes for youth.
�	�������(c)��The governing boards�[board] of the commission�[Texas
�	Juvenile Probation Commission] and the [executive commissioner of
�	the] Texas Youth Commission shall review and�adopt the coordinated
�	strategic plan on or before December 1st of each odd-numbered year,
�	or before the adoption of the agency's individual strategic plan,
�	whichever is earlier.
�	�������SECTION�3.010.��Section 141.049, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�141.049.��COMPLAINTS RELATING TO JUVENILE BOARDS. (a) �
�	The commission shall maintain a system to promptly and efficiently
�	act on a�[keep an information file about each] complaint filed with
�	the commission relating to a juvenile board funded by the
�	commission. The commission shall maintain information about
�	parties to the complaint, a summary of the results of the review or
�	investigation of the complaint, and the disposition of the
�	complaint.
�	�������(b)��The commission shall make information available
�	describing the commission's procedures for the investigation and
�	resolution of a complaint filed with the commission relating to a
�	juvenile board funded by the commission.
�	�������(c)��The commission shall investigate the allegations in the
�	complaint and make a determination of whether there has been a
�	violation of the commission's rules relating to juvenile probation
�	programs, services, or facilities.
�	�������(d)�[(b)]��If a written complaint is filed with the
�	commission relating to a juvenile board funded by the commission,
�	the commission[, at least quarterly and until final disposition of
�	the complaint,] shall periodically notify the complainant and the
�	juvenile board of the status of the complaint until final
�	disposition, unless notice would jeopardize an undercover
�	investigation.
�	�������SECTION�3.011.��Section 141.050, Human Resources Code, is
�	amended by adding Subsection (c) to read as follows:
�	�������(c)��The commission shall consider the past performance of a
�	juvenile board when contracting with the juvenile board for local
�	probation services other than basic probation services. In
�	addition to the contract standards described by Subsection (a), a
�	contract with a juvenile board for probation services other than
�	basic probation services must:
�	�������������(1)��include specific performance targets for the
�	juvenile board based on the juvenile board's historic performance
�	of the services; and
�	�������������(2)��require a juvenile board to report on the juvenile
�	board's success in meeting the performance targets described by
�	Subdivision (1).
�	�������SECTION�3.012.��Subchapter C, Chapter 141, Human Resources
�	Code, is amended by adding Sections 141.057, 141.058, and 141.059
�	to read as follows:
�	�������Sec.�141.057.��DATA COLLECTION. (a) �The commission shall
�	collect comprehensive data concerning the outcomes of local
�	probation programs throughout the state.
�	�������(b)��Data collected under Subsection (a) must include:
�	�������������(1)��a description of the types of programs and
�	services offered by a juvenile probation department, including a
�	description of the components of each program or service offered;
�	and
�	�������������(2)��to the extent possible, the rate at which
�	juveniles who enter or complete juvenile probation are later
�	committed to the custody of the state.
�	�������Sec.�141.058.��QUARTERLY REPORT ON ABUSE, NEGLECT, AND
�	EXPLOITATION. (a) On January 1, 2010, and quarterly after that
�	date, the commission shall prepare and deliver a report to the board
�	concerning the final outcome of any complaint received under
�	Section 261.405, Family Code, that concerns the abuse, neglect, or
�	exploitation of a juvenile. The report must include a summary of
�	the actions performed by the commission and any applicable juvenile
�	board or juvenile probation department in resolving the complaint.
�	�������(b)��A report prepared under Subsection (a) is public
�	information under Chapter 552, Government Code, only to the extent
�	authorized by that chapter.
�	�������Sec.�141.059.��RESIDENTIAL TREATMENT FACILITY. (a) The
�	commission may contract with a local mental health and mental
�	retardation authority that, on April 1, 2009, had an unutilized or
�	underutilized residential treatment facility, for the
�	establishment of a residential treatment facility for juveniles
�	with mental illness or emotional injury who, as a condition of
�	juvenile probation, are ordered by a court to reside at the facility
�	and receive education services at the facility. The commission may
�	work in cooperation with the local mental health and mental
�	retardation authority to provide mental health residential
�	treatment services for juveniles residing at a facility established
�	under this section.
�	�������(b)��A residential treatment facility established under this
�	section must provide juveniles receiving treatment at the facility:
�	�������������(1)��a short-term program of mental health
�	stabilization that does not exceed 150 days in duration; and
�	�������������(2)��all educational opportunities and services,
�	including special education instruction and related services, that
�	a school district is required under state or federal law to provide
�	for students residing in the district through a charter school
�	operated in accordance with and subject to Subchapter D, Chapter
�	12, Education Code.
�	�������(c)��If a residential treatment facility established under
�	this section is unable to provide adequate and sufficient
�	educational opportunities and services to juveniles residing at the
�	facility, the facility may not continue to operate beyond the end of
�	the school year in which the opportunities or services provided by
�	the facility are determined to be inadequate or insufficient.
�	�������(d)��Notwithstanding any other law and in addition to the
�	number of charters allowed under Subchapter D, Chapter 12,
�	Education Code, the State Board of Education shall grant a charter
�	on the application of a residential treatment facility established
�	under this section for a school chartered for the purposes of this
�	section.
�	�������SECTION�3.013.��The heading to Subchapter D, Chapter 141,
�	Human Resources Code, is amended to read as follows:
�	SUBCHAPTER D. �PROVISIONS RELATING TO CERTAIN�[JUVENILE PROBATION]
�	OFFICERS AND EMPLOYEES
�	�������SECTION�3.014.��Section 141.061(a), Human Resources Code, is
�	amended to read as follows:
�	�������(a)��To be eligible for appointment as a probation officer, a
�	person who was not employed as a probation officer before September
�	1, 1981, must:
�	�������������(1)��be of good moral character;
�	�������������(2)��have acquired a bachelor's degree conferred by a
�	college or university accredited by an accrediting organization
�	recognized by the Texas Higher Education Coordinating Board;
�	�������������(3)��have either:
�	�������������������(A)��one year of graduate study in criminology,
�	corrections, counseling, law, social work, psychology, sociology,
�	or other field of instruction approved by the commission; or
�	�������������������(B)��one year of experience in full-time case
�	work, counseling, or community or group work:
�	�������������������������(i)��in a social service, community,
�	corrections, or juvenile agency that deals with offenders or
�	disadvantaged persons; and
�	�������������������������(ii)��that the commission determines
�	provides the kind of experience necessary to meet this requirement;
�	�������������(4)��have satisfactorily completed the course of
�	preservice training or instruction and any continuing education�
�	required by the commission;
�	�������������(5)��have passed the tests or examinations required by
�	the commission; and
�	�������������(6)��possess the level of certification required by the
�	commission.
�	�������SECTION�3.015.��Subchapter D, Chapter 141, Human Resources
�	Code, is amended by adding Section 141.0612 to read as follows:
�	�������Sec.�141.0612.��MINIMUM STANDARDS FOR CERTAIN EMPLOYEES OF
�	NONSECURE CORRECTIONAL FACILITIES. (a) �The commission by rule
�	shall adopt certification standards for persons who are employed in
�	nonsecure correctional facilities that accept only juveniles who
�	are on probation and that are operated by or under contract with a
�	governmental unit, as defined by Section 101.001, Civil Practice
�	and Remedies Code.
�	�������(b)��The certification standards adopted under Subsection
�	(a) must be substantially similar to the certification requirements
�	for detention officers under Section 141.0611.
�	�������SECTION�3.016.��Section 141.064, Human Resources Code, is
�	amended to read as follows:
�	�������Sec.�141.064.��REVOCATION OR SUSPENSION OF CERTIFICATION.
�	(a) �The commission may revoke or suspend a certification, or
�	reprimand a certified officer:
�	�������������(1)��[,] for a violation of this chapter or a commission
�	rule; or
�	�������������(2)��if, under Subsection (c), a panel determines that
�	continued certification of the person threatens juveniles in the
�	juvenile justice system.
�	�������(b)��The commission may place on probation a person whose
�	certification is suspended. �If the suspension is probated, the
�	commission may require the person to:
�	�������������(1)��report regularly to the commission on matters that
�	are the basis of the probation; and
�	�������������(2)��continue or review professional education until
�	the person attains a degree of skill satisfactory to the commission
�	in those areas that are the basis of the probation.
�	�������(c)��The director may convene, in person or telephonically, a
�	panel of three commission members to determine if a person's
�	continued certification threatens juveniles in the juvenile
�	justice system. �If the panel determines that the person's
�	continued certification threatens juveniles in the juvenile
�	justice system, the person's license is temporarily suspended until
�	an administrative hearing is held as soon as possible under
�	Subsection (d). �The director may convene a panel under this
�	subsection only if the danger posed by the person's continued
�	certification is imminent. �The panel may hold a telephonic meeting
�	only if immediate action is required and convening the panel at one
�	location is inconvenient for any member of the panel.
�	�������(d)��A person is entitled to a hearing before the State
�	Office of Administrative Hearings [commission or a hearings officer
�	appointed by the commission] if the commission proposes to suspend
�	or revoke the person's certification.
�	�������(e)��A person may appeal a ruling or order issued under this
�	section to a district court in the county in which the person
�	resides or in Travis County. �The standard of review is under the
�	substantial evidence rule.�[The commission shall prescribe
�	procedures by which each decision to suspend or revoke is made by or
�	is appealable to the commission.]
�	�������SECTION�3.017.��Section 141.081, Human Resources Code, is
�	amended by adding Subsection (d) to read as follows:
�	�������(d)��The commission by rule shall, not later than September
�	1, 2010, establish one or more basic probation services funding
�	formulas and one or more community corrections funding formulas.
�	The funding formulas established under this subsection must include
�	each grant for which the commission, on or before September 1, 2009,
�	established an allocation formula.
�	ARTICLE 4. MISCELLANEOUS PROVISIONS
�	�������SECTION�4.001.��Chapter 13, Code of Criminal Procedure, is
�	amended by adding Article 13.34 to read as follows:
�	�������Art.�13.34.��CERTAIN OFFENSES COMMITTED AGAINST CHILD
�	COMMITTED TO TEXAS YOUTH COMMISSION. �An offense described by
�	Article 104.003(a) committed by an employee or officer of the Texas
�	Youth Commission or a person providing services under a contract
�	with the commission against a child committed to the commission may
�	be prosecuted in:
�	�������������(1)��any county in which an element of the offense
�	occurred; or
�	�������������(2)��Travis County.
�	�������SECTION�4.002.��Section 29.012, Education Code, is amended
�	by adding Subsection (e) to read as follows:
�	�������(e)��This section does not apply to a residential treatment
�	facility for juveniles established under Section 141.059, Human
�	Resources Code.
�	�������SECTION�4.003.��Subchapter E, Chapter 30, Education Code, is
�	amended by adding Section 30.106 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 Youth Commission shall not only fulfill the commission's
�	duties under state and federal law to provide general and special
�	educational services to students in 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 Texas Youth
�	Commission educational programs, the commission shall:
�	�������������(1)��adopt a reliable battery of reading assessments
�	that:
�	�������������������(A)��are based on a normative sample appropriate
�	to students in 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 commission educational program; and
�	�������������������(B)��at least 15 days and not more than 30 days
�	before a student is released from the commission;
�	�������������(3)��provide at least 60 minutes per school day of
�	individualized reading instruction to each student in a 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 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 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
�	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
�	Texas Youth Commission educational programs and to create an
�	educational environment that facilitates learning, the 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 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 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 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 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 Texas Youth Commission educational
�	program may not be released on parole from the commission unless the
�	student participates, to the extent required by commission rule, in
�	the positive behavior support system under Subsection (c). �A
�	student in a 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 commission rule before the student may be
�	released on parole.
�	�������(f)��Not later than December 1, 2010, the Texas Youth
�	Commission shall report to the legislature concerning:
�	�������������(1)��the effectiveness of the commission's reading plan
�	based on the criteria specified by Subsection (b)(5); and
�	�������������(2)��the implementation of the positive behavior
�	support system plan under Subsection (c).
�	�������(g)��Not later than December 1, 2012, the Texas Youth
�	Commission shall report to the legislature concerning the
�	effectiveness of the positive behavior support system based on the
�	criteria specified by Subsection (c)(3).
�	�������(h)��Subsections (f) and (g) and this subsection expire
�	January 1, 2013.
�	�������SECTION�4.004.��Section 51.02, Family Code, is amended by
�	adding Subdivision (8-a) to read as follows:
�	�������������(8-a)��"Nonsecure correctional facility" means a
�	facility, other than a secure correctional facility, that accepts
�	only juveniles who are on probation and that is operated by or under
�	contract with a governmental unit, as defined by Section 101.001,
�	Civil Practice and Remedies Code.
�	�������SECTION�4.005.��Chapter 51, Family Code, is amended by
�	adding Section 51.126 to read as follows:
�	�������Sec.�51.126.��NONSECURE CORRECTIONAL FACILITIES. (a) �A
�	nonsecure correctional facility for juvenile offenders may be
�	operated only by:
�	�������������(1)��a governmental unit, as defined by Section
�	101.001, Civil Practice and Remedies Code; or
�	�������������(2)��a private entity under a contract with a
�	governmental unit in this state.
�	�������(b)��In each county, each judge of the juvenile court and a
�	majority of the members of the juvenile board shall personally
�	inspect, at least annually, all nonsecure correctional facilities
�	that are located in the county and shall certify in writing to the
�	authorities responsible for operating and giving financial support
�	to the facilities and to the 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 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 Probation Commission shall annually
�	inspect each nonsecure correctional facility. �The 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 nonsecure confinement
�	promulgated by the 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 nonsecure correctional
�	facility in this state under Subsection (a), except for a facility
�	operated by or under contract with the Texas Youth Commission,
�	shall:
�	�������������(1)��register the facility annually with the Texas
�	Juvenile Probation Commission; and
�	�������������(2)��adhere to all applicable minimum standards for the
�	facility.
�	�������(e)��The Texas Juvenile 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�4.006.��Chapter 614, Health and Safety Code, is
�	amended by adding Section 614.018 to read as follows:
�	�������Sec.�614.018.��CONTINUITY OF CARE FOR JUVENILES WITH MENTAL
�	IMPAIRMENTS. �(a) �The Texas Juvenile Probation Commission, the
�	Texas Youth Commission, the Department of Public Safety, the
�	Department of State Health Services, the Department of Aging and
�	Disability Services, the Department of Family and Protective
�	Services, the Texas Education Agency, and local juvenile probation
�	departments shall adopt a memorandum of understanding that
�	establishes their respective responsibilities to institute a
�	continuity of care and service program for juveniles with mental
�	impairments in the juvenile justice system. �The Texas Correctional
�	Office on Offenders with Medical and Mental Impairments shall
�	coordinate and monitor the development and implementation of the
�	memorandum of understanding.
�	�������(b)��The memorandum of understanding must establish methods
�	for:
�	�������������(1)��identifying juveniles with mental impairments in
�	the juvenile justice system and collecting and reporting relevant
�	data to the office;
�	�������������(2)��developing interagency rules, policies, and
�	procedures for the coordination of care of and the exchange of
�	information on juveniles with mental impairments who are committed
�	to or treated, served, or supervised by the Texas Youth Commission,
�	the Texas Juvenile Probation Commission, the Department of Public
�	Safety, the Department of State Health Services, the Department of
�	Family and Protective Services, the Department of Aging and
�	Disability Services, the Texas Education Agency, local juvenile
�	probation departments, local mental health or mental retardation
�	authorities, and independent school districts; and
�	�������������(3)��identifying the services needed by juveniles with
�	mental impairments in the juvenile justice system.
�	�������(c)��For purposes of this section, "continuity of care and
�	service program" includes:
�	�������������(1)��identifying the medical, psychiatric, or
�	psychological care or treatment needs and educational or
�	rehabilitative service needs of a juvenile with mental impairments
�	in the juvenile justice system;
�	�������������(2)��developing a plan for meeting the needs identified
�	under Subdivision (1); and
�	�������������(3)��coordinating the provision of continual
�	treatment, care, and services throughout the juvenile justice
�	system to juveniles with mental impairments.
�	�������SECTION�4.007.��Sections 614.017(a) and (b), Health and
�	Safety Code, are amended to read as follows:
�	�������(a)��An agency shall:
�	�������������(1)��accept information relating to a special needs
�	offender or a juvenile with a mental impairment that is sent to the
�	agency to serve the purposes of continuity of care and services
�	regardless of whether other state law makes that information
�	confidential; and
�	�������������(2)��disclose information relating to a special needs
�	offender or a juvenile with a mental impairment, including
�	information about the offender's or juvenile's identity, needs,
�	treatment, social, criminal, and vocational history, supervision
�	status and compliance with conditions of supervision, and medical
�	and mental health history, if the disclosure serves the purposes of
�	continuity of care and services.
�	�������(b)��Information obtained under this section may not be used
�	as evidence in any juvenile or criminal proceeding, unless obtained
�	and introduced by other lawful evidentiary means.
�	�������SECTION�4.008.��Section 614.017(c), Health and Safety Code,
�	is amended by amending Subdivision (1) and adding Subdivision (3)
�	to read as follows:
�	�������������(1)��"Agency" includes any of the following entities
�	and individuals, a person with an agency relationship with one of
�	the following entities or individuals, and a person who contracts
�	with one or more of the following entities or individuals:
�	�������������������(A)��the Texas Department of Criminal Justice and
�	the Correctional Managed Health Care Committee;
�	�������������������(B)��the Board of Pardons and Paroles;
�	�������������������(C)��the Department of State Health Services;
�	�������������������(D)��the Texas Juvenile Probation Commission;
�	�������������������(E)��the Texas Youth Commission;
�	�������������������(F)��the Department of Assistive and
�	Rehabilitative Services;
�	�������������������(G)��the Texas Education Agency;
�	�������������������(H)��the Commission on Jail Standards;
�	�������������������(I)��the Department of Aging and Disability
�	Services;
�	�������������������(J)��the Texas School for the Blind and Visually
�	Impaired;
�	�������������������(K)��community supervision and corrections
�	departments and local juvenile probation departments;
�	�������������������(L)��personal bond pretrial release offices
�	established under Article 17.42, Code of Criminal Procedure;
�	�������������������(M)��local jails regulated by the Commission on
�	Jail Standards;
�	�������������������(N)��a municipal or county health department;
�	�������������������(O)��a hospital district;
�	�������������������(P)��a judge of this state with jurisdiction over
�	juvenile or criminal cases;
�	�������������������(Q)��an attorney who is appointed or retained to
�	represent a special needs offender or a juvenile with a mental
�	impairment;
�	�������������������(R)��the Health and Human Services Commission;
�	�������������������(S)��the Department of Information Resources;
�	[and]
�	�������������������(T)��the bureau of identification and records of
�	the Department of Public Safety, for the sole purpose of providing
�	real-time, contemporaneous identification of individuals in the
�	Department of State Health Services client data base; and
�	�������������������(U)��the Department of Family and Protective
�	Services.
�	�������������(3)��"Juvenile with a mental impairment" means a
�	juvenile with a mental impairment in the juvenile justice system.
�	�������SECTION�4.009.��Section 614.009, Health and Safety Code, is
�	amended to read as follows:
�	�������Sec.�614.009.��BIENNIAL REPORT. �Not later than February 1 of
�	each odd-numbered year, the office shall present to the board and
�	file with the governor, lieutenant governor, and speaker of the
�	house of representatives a report giving the details of the
�	office's activities during the preceding biennium. The report must
�	include:
�	�������������(1)��an evaluation of any demonstration project
�	undertaken by the office;
�	�������������(2)��an evaluation of the progress made by the office
�	toward developing a plan for meeting the treatment, rehabilitative,
�	and educational needs of offenders with special needs;
�	�������������(3)��recommendations of the office made in accordance
�	with Section 614.007(5);
�	�������������(4)��an evaluation of the development and
�	implementation of the continuity of care and service programs
�	established under Sections 614.013, 614.014, 614.015, [and]
�	614.016, and 614.018, changes in rules, policies, or procedures
�	relating to the programs, future plans for the programs, and any
�	recommendations for legislation; and
�	�������������(5)��any other recommendations that the office
�	considers appropriate.
�	ARTICLE 5. TRANSITION AND EFFECTIVE DATE
�	�������SECTION�5.001.��Sections 61.025 and 61.027, Human Resources
�	Code, as added by this Act, and Sections 141.014 and 141.0145, Human
�	Resources Code, as amended by this Act, apply only to a person who
�	is appointed or reappointed as a member of the governing board of
�	the Texas Youth Commission or the Texas Juvenile Probation
�	Commission on or after the effective date of this Act. A person
�	appointed or reappointed as a member of the board or commission
�	before the effective date of this Act is governed by the law in
�	effect immediately before that date, and the former law is
�	continued in effect for that purpose.
�	�������SECTION�5.002.��Section 61.026, Human Resources Code, as
�	added by this Act, and Section 141.017, Human Resources Code, as
�	amended by this Act, apply only to a ground for removal that occurs
�	on or after the effective date of this Act. A ground for removal
�	that occurs before the effective date of this Act is governed by the
�	law in effect immediately before that date, and the former law is
�	continued in effect for that purpose.
�	�������SECTION�5.003.��(a) Section 141.011(a), Human Resources
�	Code, as amended by this Act, applies only to a person appointed to
�	the Texas Juvenile Probation Commission on or after the effective
�	date of this Act. A person appointed to the Texas Juvenile
�	Probation Commission before the effective date of this Act is
�	governed by the law in effect on the date the person was appointed,
�	and that law is continued in effect for that purpose.
�	�������(b)��A person serving on the Texas Juvenile Probation
�	Commission on the effective date of this Act continues to serve on
�	the commission until the person's term expires. When a term expires
�	or a vacancy on the commission occurs, the governor shall make
�	appointments in accordance with Section 141.011(a), Human
�	Resources Code, as amended by this Act.
�	�������SECTION�5.004.��Section 141.059, Human Resources Code, as
�	added by this Act, and Section 29.012, Education Code, as amended by
�	this Act, apply beginning with the 2009-2010 school year.
�	�������SECTION�5.005.��Article 13.34, Code of Criminal Procedure,
�	as added by this Act, applies only to an offense committed on or
�	after the effective date of this Act. An offense committed before
�	the effective date of this Act is covered by the law in effect when
�	the offense was committed, and the former law is continued in effect
�	for that purpose. For purposes of this section, an offense was
�	committed before the effective date of this Act if any element of
�	the offense occurred before that date.
�	�������SECTION�5.006.��(a)��Not later than November 1, 2009, the
�	Texas Youth Commission shall adopt the battery of reading
�	assessments as required by Section 30.106(b), Education Code, as
�	added by this Act.
�	�������(b)��Not later than January 1, 2010, the Texas Youth
�	Commission shall begin administering the battery of reading
�	assessments as required by Section 30.106(b), Education Code, as
�	added by this Act.
�	�������SECTION�5.007.��Section 30.106(e), Education Code, as added
�	by this Act, applies to release on parole from the Texas Youth
�	Commission beginning September 1, 2010.
�	�������SECTION�5.008.��This Act takes effect immediately if it
�	receives a vote of two-thirds of all the members elected to each
�	house, as provided by Section 39, Article III, Texas Constitution.��
�	If this Act does not receive the vote necessary for immediate
�	effect, this Act takes effect September 1, 2009.
�
�
�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
�
�
�	�������I certify that H.B. No. 3689 was passed by the House on May 4,
�	2009, by the following vote:��Yeas 140, Nays 0, 1 present, not
�	voting; that the House refused to concur in Senate amendments to
�	H.B. No. 3689 on May 29, 2009, and requested the appointment of a
�	conference committee to consider the differences between the two
�	houses; and that the House adopted the conference committee report
�	on H.B. No. 3689 on May 31, 2009, by the following vote:��Yeas 147,
�	Nays 0, 1 present, not voting.
�
�	______________________________
�	Chief Clerk of the House���
�
�	�������I certify that H.B. No. 3689 was passed by the Senate, with
�	amendments, on May 27, 2009, by the following vote:��Yeas 31, Nays
�	0; at the request of the House, the Senate appointed a conference
�	committee to consider the differences between the two houses; and
�	that the Senate adopted the conference committee report on H.B. No.
�	3689 on May 31, 2009, by the following vote:��Yeas 31, Nays 0.
�
�	______________________________
�	Secretary of the Senate���
�	APPROVED: __________________
�	����������������Date�������
�	�
�	�������� __________________
�	��������������Governor�������