80R10870 DAK-F
 
  By: Bolton H.B. No. 3521
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to measures to increase the safety of children committed
to the Texas Youth Commission.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Section 61.0356 to read as follows:
       Sec. 61.0356.  JOB APPLICANTS AND EMPLOYEES CONVICTED OF
CRIMES INVOLVING A CHILD. (a) In this section, "convicted of a
crime involving a child" means conviction of or deferred
adjudication for a felony offense under Title 5, Penal Code, or an
offense on conviction of which a defendant is required to register
as a sex offender under Chapter 62, Code of Criminal Procedure, if
the victim of the offense is under 18 years of age.
       (b)  The commission may hire an individual whose
responsibilities involve, in whole or in part, dealing directly
with children, only if the commission first determines that the
individual has not been convicted of a crime involving a child.
       (c)  The commission may retain an employee whose
responsibilities involve, in whole or in part, dealing directly
with children, only if the commission first determines that the
employee has not been convicted of a crime involving a child on or
after September 1, 2007. This subsection does not prevent the
commission from discharging an employee on determining that the
employee was convicted of a crime involving a child before
September 1, 2007.
       SECTION 2.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Section 61.0424 to read as follows:
       Sec. 61.0424.  ALLEGATION OF ABUSE OR NEGLECT AT COMMISSION
FACILITY. (a) The attorney general shall investigate an
allegation of abuse or neglect of a child at a facility operated by
the commission.
       (b)  The attorney general shall report its findings and
recommendations concerning the allegation to the commission.
       SECTION 3.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0451, 61.0452, and 61.0453 to read
as follows:
       Sec. 61.0451.  OFFICE OF INSPECTOR GENERAL. (a) The
commission shall establish an office of inspector general for the
purpose of investigating:
             (1)  fraud committed by commission employees,
including parole officers employed by or under contract with the
commission; and
             (2)  crimes committed at a facility operated by the
commission or at a residential facility operated by another entity
under a contract with the commission.
       (b)  The office of inspector general shall report the results
of any investigation conducted under this section to the board.
       (c)  The office of inspector general may employ and
commission inspectors general as peace officers for the purpose of
carrying out the duties described by this section. An inspector
general shall have all of the powers and duties given to peace
officers under Article 2.13, Code of Criminal Procedure.
       (d)  Peace officers employed and commissioned under
Subsection (c) must be certified by the Commission on Law
Enforcement Officer Standards and Education under Chapter 1701,
Occupations Code.
       (e)  The board shall appoint a commissioned peace officer as
chief inspector general. The chief inspector general:
             (1)  is subject to the requirements of this section;
and
             (2)  shall report information regarding the operations
of the office of inspector general to the board on request of the
board.
       (f)  The commission by rule shall establish policies and
procedures for the operations of the office of inspector general.
       Sec. 61.0452.  COMPLAINTS. (a) The commission shall
establish procedures for:
             (1)  receiving and reviewing complaints concerning
commission actions; and
             (2)  conducting investigations of complaints if the
commission determines that:
                   (A)  a child committed to the commission or the
child's family may be in need of assistance from the commission; or
                   (B)  a systemic issue in the commission's
provision of services is raised by a complaint.
       (b)  The commission shall:
             (1)  treat any complaint submitted to it under this
section as also submitted to the office of the inspector general;
and
             (2)  provide the office of inspector general with a
copy of the complaint, along with all supporting documentation.
       (c)  The commission shall adopt rules to provide both a
timeline and time limits for an investigation under this section.
       (d)  The commission shall establish procedures to
standardize and provide for the recordkeeping of:
             (1)  receiving all correspondence; and
             (2)  all communications relating to any investigation.
       (e)  The commission may not discharge or in any manner
discriminate or retaliate against an employee who in good faith
makes a complaint to the commission or cooperates with the office in
an investigation.
       Sec. 61.0453.  OVERSIGHT OF STUDENTS. (a) At a facility of
the commission, a single individual may not have complete control,
supervision, or oversight over the schedule and movements of the
children in the facility.
       (b)  The commission shall by rule establish procedures to
implement this section.
       SECTION 4.  Subchapter D, Chapter 61, Human Resources Code,
is amended by adding Section 61.0655 to read as follows:
       Sec. 61.0655.  NOTIFICATION OF CHILD AND FAMILY OF CHILD.
(a) On receipt of the order of commitment of a child to the
commission, the commission shall provide to the child and to the
parent or guardian of the child:
             (1)  a statement of the rights that the child has while
committed to the commission;
             (2)  the names, addresses, phone numbers, and e-mail
addresses of:
                   (A)  the employee of the commission with
supervisory authority over the facility to which the child is
committed with whom the child can file a complaint or otherwise
report any abuse;
                   (B)  an employee in the office of the inspector
general with whom the child can file a complaint or otherwise report
any abuse;
                   (C)  an employee in the office of the attorney
general with whom the child can file a complaint or otherwise report
any abuse; and
                   (D)  the state representative and senator of the
child.
       (b)  The commission shall also provide to the child the
information described by Subsection (a):
             (1)  when the child first arrives at the commission;
and
             (2)  during the initial orientation or training
conducted by the commission for the child.
       SECTION 5.  Subchapter G, Chapter 61, Human Resources Code,
is amended by adding Section 61.098 to read as follows:
       Sec. 61.098.  POSTING OF INFORMATION. (a) The commission
shall post a sign in the eating area and other conspicuous, high
traffic, high visibility locations at each of its facilities for
children that states:
             (1)  the rights that the child has while committed to
the commission; and
             (2)  the name, phone number, and e-mail address of the
employee of the commission with supervisory authority over the
facility to which the child is committed with whom the child can
file a complaint or otherwise report any abuse.
       (b)  The sign must have dimensions of at least 8-1/2 inches
by 11 inches and be in an easily readable font and type size.
       SECTION 6.  Section 411.1141(a), Government Code, is amended
to read as follows:
       (a)  The Texas Youth Commission is entitled to obtain from
the department criminal history record information maintained by
the department that relates to a person who is:
             (1)  an applicant for a position with or an employee of
the Texas Youth Commission;
             (2)  a volunteer or an intern, or an applicant
volunteer or intern, with the Texas Youth Commission;
             (3)  a business entity or person who contracts with the
Texas Youth Commission to provide direct delivery services to
youth;
             (4)  an employee of, or an applicant for employment
with, a business entity or person who contracts with the Texas Youth
Commission to provide direct delivery of services to youth; or
             (5)  a volunteer or an intern, or an applicant
volunteer or intern, with a business entity or person who contracts
with the Texas Youth Commission to provide direct delivery of
services to youth.
       SECTION 7.  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, 2007.