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  By: Dunnam H.B. No. 2340
 
 
A BILL TO BE ENTITLED
AN ACT
relating to conservatorship of the Texas Youth Commission.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Title 3, Human Resources Code, is amended by
adding Chapter 61A to read as follows:
CHAPTER 61A.  CONSERVATORSHIP OF TEXAS YOUTH COMMISSION
       Sec. 61A.001.  DEFINITIONS.  In this chapter:
             (1)  "Commission" has the meaning assigned by Section
61.001(l).
             (2)  "Board" has the meaning assigned by Section
61.001(2).
             (3)  "Chairman" has the meaning assigned by Section
61.001(3).
             (4)  "Conservator" means the person appointed under
this chapter to act as the conservator of the commission and
includes a temporary or permanent conservator.
             (5)  "Department" has the meaning assigned by Section
411.001(2), Government Code.
             (6)  "Director" has the meaning assigned by Section
411.001(3), Government Code.
             (7)  "Internet" has the meaning assigned by Section
411.001(4).
       Sec. 61A.002.  FINDINGS.  The Legislature finds that:
             (1)  the Texas Rangers conducted an investigation of
the commission's West Texas State School that discovered credible
evidence to support allegations that commission employees
willfully and repeatedly engaged in conduct constituting sexual
abuse with children in the commission's custody at the school;
             (2)  the Texas Rangers investigation indicates that the
sexual abuse went undiscovered or unreported to public for a
significant period of time;
             (3)  the commission's board and executive director did
not take reasonable action to prevent the sexual abuse;
             (3)  recent press reports reporting on the
investigation by the Texas Rangers contain additional charges of
improper sexual activity that likely occurred between commission
employees and children in the other commission facilities;
             (4)  there is no public confidence in the ability of the
commission's board, officers, and employees to resolve the
administrative and operational problems that permitted untold
numbers of children in the commission's custody to be sexually
abused and to prevent future sexual abuse of children in the
commission's custody; and
             (5)  the immediate conservatorship of the commission is
necessary to protect the health, safety, and welfare of the
children in the commission's custody.
       Sec. 61A.003.  CONSERVATORSHIP.  The commission is under
conservatorship as provided by this chapter.
       Sec. 61A.004.  CONSERVATOR: APPOINTMENT, COMPENSATION AND
EXPENSES.  (a)  The director is the temporary conservator of the
commission on the effective date of this chapter.
       (b)  Not later than the tenth day after the effective date of
this chapter, the governor shall appoint a permanent conservator.  
If the governor does not appoint a permanent conservator by the
tenth day after the effective date of this chapter, the lieutenant
governor shall appoint a permanent conservator not later than the
fifteenth day after the effective date of this chapter.  If the
lieutenant governor does not appoint a permanent conservator by the
fifteenth day after the effective date of this chapter, a member of
the legislature may institute an original proceeding in the Supreme
Court of Texas to compel the lieutenant governor to appoint a
permanent conservator.
       (c)  To be eligible for appointment as a permanent
conservator, a person must be qualified, by experience or
education, in the development and administration of programs for
the rehabilitation and reestablishment in society of children in
the custody of agencies similar in mission and scope to the
commission.
       (d)  A public officer is eligible to serve as a permanent
conservator.
       (e)  A permanent conservator's term expires on the earlier of
the date the conservatorship for which the permanent conservator is
appointed dissolves or the second anniversary of the date of the
permanent conservator's appointment.   A permanent conservator
whose term expires before the conservatorship is dissolved may be
reappointed to continue the conservatorship.
       (f)  A conservator appointed to act as the permanent
conservator under this chapter is entitled to receive a salary for
performing those duties that is equal to the salary of a district
judge.
       (g)  The commission shall pay the salary of the permanent
conservator from money appropriated or otherwise available to the
commission, except to the extent that money to pay the salary is
specifically appropriated or made available through the budget
execution process for that purpose.
       (h)  A limit provided by appropriation on the amount of
reimbursement that state officers or members of state boards and
commissions may generally receive does not apply to reimbursement
of the reasonable and necessary expenses incurred by a conservator
in the course of performing duties under this chapter.
       (i)  The reasonable and necessary expenses incurred by a
conservator in the course of performing duties under this chapter
shall be paid from funds appropriated or otherwise available to the
commission, except to the extent that money to pay those expenses is
specifically appropriated or made available through the budget
execution process for that purpose.
       Sec. 61A.005.  RULES.  A conservator may adopt and enforce
rules necessary to administer the conservatorship for which the
conservator is designated under this chapter.  A conservator may
adopt initial rules on an emergency basis for the period prescribed
by Section 2001.034, Government Code, if the conservator determines
that rules with immediate effect are necessary to ameliorate the
effect of the commission's inability to ensure the health, safety,
and welfare of the children in the commission's custody or sound
fiscal management.
       Sec. 61A.006.  ADMINISTRATIVE SERVICES AND INVESTIGATIVE
SUPPORT.  The department shall provide a conservator with
administrative services and investigative support.  The
administrative services and investigative support shall be paid
from funds appropriated or otherwise available to the department or
commission, except to the extent that money to pay those expenses is
specifically appropriated or made available through the budget
execution process for that purpose.
       (b)  The department shall use non-uniformed personnel when
conducting interviews with children currently or formerly.
       (c)  On or before the fifth day after the effective date of
this chapter, the department shall institute a toll-free telephone
number and Internet website to receive complaints and information
from members of the public on conduct by commission officers and
employees that jeopardizes the health, safety, and welfare of
children in the commission's custody.
       Sec. 61A.007.  CONSERVATOR'S POWERS AND DUTIES.  (a)  A
conservator shall assume all the powers and duties of the officers
responsible for the policy and operational direction of the
commission and those officers may not act unless authorized by a
conservator.
       (b)  A conservator may:
             (1)  terminate the employment of any employee whose
conduct the conservator determines contributed to the condition
that caused the conservatorship;
             (2)  employ personnel for the commission;
             (3)  cooperate with any other public officer or agency
conducting criminal or civil investigations concerning illegal or
improper conduct by commission officers or employees jeopardizing
the health, safety, and welfare of children in the commission's
custody and related conduct, including the production of witnesses
and documents without the need for compulsory process;
             (4)  change the commission's organization or structure
as necessary to alleviate the conditions that caused the
conservatorship; and
             (5)  contract with persons for management or
administrative services necessary to effect the conservatorship.
       Sec. 61A.008.  REPORT.  (a)  The conservator shall report on
a conservatorship under this subchapter to the governor, the
lieutenant governor, and the members of the legislature not later
than the 60th day after the effective date of this chapter and at
the end of each subsequent 60-day period until the conservatorship
is dissolved.
       (b)  The report must include a description of the measures
taken to ensure that the commission can act to ensure the health,
safety, and welfare of the children in the commission's custody or
sound fiscal management and an estimate of the progress the
conservator has made in attaining that goal.
       (c)  Upon its completion, the report shall be made available
immediately to the public on the Internet.
       Sec. 61A.009.  USE OF DEPARTMENT PERSONNEL DURING
CONSERVATORSHIP.  (a)  During the conservatorship, the department
shall station a Texas Ranger at each commission facility to ensure
the health, safety, and welfare of the children in the commission's
custody or the protection of any whistleblower.  The orders given by
the Texas Ranger to facility employees to ensure the health,
safety, and welfare of the children in the commission's custody
shall be observed by those employees unless a countermanding order
is given by conservator.
       Sec. 61A.010.  DURATION OF CONSERVATORSHIP.  A
conservatorship under this chapter continues until June 1, 2009.  
Unless continued by the legislature, this chapter expires June 1,
2009.
       SECTION 2.  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 on the 91st day after the last day of the
legislative session.