S.B. No. 103

	AN ACT
	relating to the Texas Youth Commission and the prosecution of
	certain offenses and delinquent conduct in the Texas Youth
	Commission and certain other criminal justice agencies; providing
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 2.12, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
	officers:
	(1)  sheriffs, their deputies, and those reserve
	deputies who hold a permanent peace officer license issued under
	Chapter 1701, Occupations Code;
	(2)  constables, deputy constables, and those reserve
	deputy constables who hold a permanent peace officer license issued
	under Chapter 1701, Occupations Code;
	(3)  marshals or police officers of an incorporated
	city, town, or village, and those reserve municipal police officers
	who hold a permanent peace officer license issued under Chapter
	1701, Occupations Code;
	(4)  rangers and officers commissioned by the Public
	Safety Commission and the Director of the Department of Public
	Safety;
	(5)  investigators of the district attorneys', criminal
	district attorneys', and county attorneys' offices;
	(6)  law enforcement agents of the Texas Alcoholic
	Beverage Commission;
	(7)  each member of an arson investigating unit
	commissioned by a city, a county, or the state;
	(8)  officers commissioned under Section 37.081,
	Education Code, or Subchapter E, Chapter 51, Education Code;
	(9)  officers commissioned by the General Services
	Commission;
	(10)  law enforcement officers commissioned by the
	Parks and Wildlife Commission;
	(11)  airport police officers commissioned by a city
	with a population of more than 1.18 million that operates an airport
	that serves commercial air carriers;
	(12)  airport security personnel commissioned as peace
	officers by the governing body of any political subdivision of this
	state, other than a city described by Subdivision (11), that
	operates an airport that serves commercial air carriers;
	(13)  municipal park and recreational patrolmen and
	security officers;
	(14)  security officers and investigators commissioned
	as peace officers by the comptroller;
	(15)  officers commissioned by a water control and
	improvement district under Section 49.216, Water Code;
	(16)  officers commissioned by a board of trustees
	under Chapter 54, Transportation Code;
	(17)  investigators commissioned by the Texas Medical
	[State] Board [of Medical Examiners];
	(18)  officers commissioned by the board of managers of
	the Dallas County Hospital District, the Tarrant County Hospital
	District, or the Bexar County Hospital District under Section
	281.057, Health and Safety Code;
	(19)  county park rangers commissioned under
	Subchapter E, Chapter 351, Local Government Code;
	(20)  investigators employed by the Texas Racing
	Commission;
	(21)  officers commissioned under Chapter 554,
	Occupations Code;
	(22)  officers commissioned by the governing body of a
	metropolitan rapid transit authority under Section 451.108,
	Transportation Code, or by a regional transportation authority
	under Section 452.110, Transportation Code;
	(23)  investigators commissioned by the attorney
	general under Section 402.009, Government Code;
	(24)  security officers and investigators commissioned
	as peace officers under Chapter 466, Government Code;
	(25)  an officer employed by the [Texas] Department of
	State Health Services under Section 431.2471, Health and Safety
	Code;
	(26)  officers appointed by an appellate court under
	Subchapter F, Chapter 53, Government Code;
	(27)  officers commissioned by the state fire marshal
	under Chapter 417, Government Code;
	(28)  an investigator commissioned by the commissioner
	of insurance under Section 701.104 [Article 1.10D], Insurance Code;
	(29)  apprehension specialists and inspectors general
	commissioned by the Texas Youth Commission as officers under
	Sections 61.0451 and [Section] 61.0931, Human Resources Code;
	(30)  officers appointed by the executive director of
	the Texas Department of Criminal Justice under Section 493.019,
	Government Code;
	(31)  investigators commissioned by the Commission on
	Law Enforcement Officer Standards and Education under Section
	1701.160, Occupations Code;
	(32)  commission investigators commissioned by the
	Texas [Commission on] Private Security Board under Section
	1702.061(f), Occupations Code;
	(33)  the fire marshal and any officers, inspectors, or
	investigators commissioned by an emergency services district under
	Chapter 775, Health and Safety Code; and
	(34)  officers commissioned by the State Board of
	Dental Examiners under Section 254.013, Occupations Code, subject
	to the limitations imposed by that section.
	SECTION 2.  Subsection (c), Article 61.06, Code of Criminal
	Procedure, is amended to read as follows:
	(c)  In determining whether information is required to be
	removed from an intelligence database under Subsection (b), the
	three-year period does not include any period during which the
	individual who is the subject of the information is:
	(1)  confined in the institutional division or the
	state jail division of the Texas Department of Criminal Justice;
	(2)  committed to a secure correctional facility
	operated by or under contract with the Texas Youth Commission, as
	defined by Section 51.02, Family Code; or
	(3)  committed to a facility operated by a juvenile
	board in lieu of being committed to a secure correctional facility
	operated by or under contract with the Texas Youth Commission.
	SECTION 3.  Subsection (a), Article 104.003, Code of
	Criminal Procedure, is amended to read as follows:
	(a)  In a prosecution of a criminal offense or delinquent
	conduct [felony] committed on property owned or operated by or
	under contract with [while the actor was a prisoner in the custody
	of] the Texas Department of Criminal Justice or the Texas Youth
	Commission, or committed by or against a person in the custody of
	the department or commission while the person is performing a duty
	away from department or commission property [Corrections or a
	prosecution of an offense committed in the department by any person
	under Chapter 21, Acts of 55th Legislature, Regular Session, 1957
	(Article 6184m, Vernon's Texas Civil Statutes), or Chapter 481,
	Health and Safety Code, or Sections 485.031 through 485.035, Health
	and Safety Code], the state shall reimburse the county for expenses
	incurred by the county, in an amount that the court determines to be
	reasonable, for payment of:
	(1)  salaries and expenses of foreign language
	interpreters and interpreters for deaf persons whose services are
	necessary to the prosecution;
	(2)  consultation fees of experts whose assistance is
	directly related to the prosecution;
	(3)  travel expenses for witnesses;
	(4)  expenses for the food, lodging, and compensation
	of jurors;
	(5)  compensation of witnesses;
	(6)  the cost of preparation of a statement of facts and
	a transcript of the trial for purposes of appeal;
	(7)  if the death of a person is an element of the
	offense, expenses of an inquest relating to the death;
	(8)  food, lodging, and travel expenses incurred by the
	prosecutor's staff during travel essential to the prosecution of
	the offense;
	(9)  court reporter's fees; and
	(10)  the cost of special security officers.
	SECTION 4.  Subsection (a), Section 37.203, Education Code,
	is amended to read as follows:
	(a)  The center is advised by a board of directors composed
	of:
	(1)  the attorney general, or the attorney general's
	designee;
	(2)  the commissioner, or the commissioner's designee;
	(3)  the executive director of the Texas Juvenile
	Probation Commission, or the executive director's designee;
	(4)  the executive commissioner [director] of the Texas
	Youth Commission, or the executive commissioner's [director's]
	designee;
	(5)  the commissioner of the Texas Department of Mental
	Health and Mental Retardation, or the commissioner's designee; and
	(6)  the following members appointed by the governor
	with the advice and consent of the senate:
	(A)  a juvenile court judge;
	(B)  a member of a school district's board of
	trustees;
	(C)  an administrator of a public primary school;
	(D)  an administrator of a public secondary
	school;
	(E)  a member of the state parent-teacher
	association;
	(F)  a teacher from a public primary or secondary
	school;
	(G)  a public school superintendent who is a
	member of the Texas Association of School Administrators;
	(H)  a school district police officer or a peace
	officer whose primary duty consists of working in a public school;
	and
	(I)  two members of the public.
	SECTION 5.  Section 51.12, Family Code, is amended by adding
	Subsections (b-1), (c-1), and (m) and amending Subsections (c) and
	(i) to read as follows:
	(b-1)  A pre-adjudication secure detention facility may be
	operated only by:
	(1)  a governmental unit in this state 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.
	(c)  In each county, each judge of the juvenile court and a
	majority of the members of the juvenile board shall personally
	inspect all public or private [the] juvenile pre-adjudication
	secure detention facilities [and any public or private juvenile
	secure correctional facilities used for post-adjudication
	confinement] that are located in the county [and operated under
	authority of the juvenile board] at least annually and shall
	certify in writing to the authorities responsible for operating and
	giving financial support to the facilities and to the Texas
	Juvenile Probation Commission that the facilities [they] are
	suitable or unsuitable for the detention of children. In
	determining whether a facility is suitable or unsuitable for the
	detention of children, the juvenile court judges and juvenile board
	members shall consider:
	(1)  current monitoring and inspection reports and any
	noncompliance citation reports issued by the Texas Juvenile
	Probation Commission, including the report provided under
	Subsection (c-1), and the status of any required corrective
	actions;
	(2)  current governmental inspector certification
	regarding the facility's compliance with local fire codes;
	(3)  current building inspector certification
	regarding the facility's compliance with local building codes;
	(4)  for the 12-month period preceding the inspection,
	the total number of allegations of abuse, neglect, or exploitation
	reported by the facility and a summary of the findings of any
	investigations of abuse, neglect, or exploitation conducted by the
	facility, a local law enforcement agency, and the Texas Juvenile
	Probation Commission;
	(5)  the availability of health and mental health
	services provided to facility residents;
	(6)  the availability of educational services provided
	to facility residents; and
	(7)  the overall physical appearance of the facility,
	including the facility's security, maintenance, cleanliness, and
	environment.
	(c-1)  The Texas Juvenile Probation Commission shall
	annually inspect each public or private juvenile pre-adjudication
	secure detention 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 detention of children in
	accordance with:
	(1)  the requirements of Subsections (a), (f), and (g);
	and
	(2)  minimum professional standards for the detention
	of children in pre-adjudication [or post-adjudication] secure
	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.
	(i)  Except for [a facility operated or certified by the
	Texas Youth Commission or] a facility as provided by Subsection
	(l), a governmental unit or private entity that operates or
	contracts for the operation of a juvenile pre-adjudication secure
	detention facility under Subsection (b-1) [or a juvenile
	post-adjudication secure correctional facility] in this state
	shall:
	(1)  register the facility annually with the Texas
	Juvenile Probation Commission; and
	(2)  adhere to all applicable minimum standards for the
	facility.
	(m)  The Texas Juvenile Probation Commission may deny,
	suspend, or revoke the registration of any facility required to
	register under Subsection (i) if the facility fails to:
	(1)  adhere to all applicable minimum standards for the
	facility; or
	(2)  timely correct any notice of noncompliance with
	minimum standards.
	SECTION 6.  Chapter 51, Family Code, is amended by adding
	Section 51.125 to read as follows:
	Sec. 51.125.  POST-ADJUDICATION CORRECTIONAL FACILITIES.
	(a)  A post-adjudication secure correctional facility for juvenile
	offenders may be operated only by:
	(1)  a governmental unit in this state 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 all public or private juvenile post-adjudication secure
	correctional facilities that are not operated by the Texas Youth
	Commission and that are located in the county at least annually and
	shall certify in writing to the authorities responsible for
	operating and giving financial support to the facilities and to the
	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 public or private juvenile post-adjudication secure
	correctional facility that is not operated by the Texas Youth
	Commission. 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 post-adjudication secure 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 post-adjudication secure
	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 7.  Subsections (d) and (u), Section 54.04, Family
	Code, are amended to read as follows:
	(d)  If the court or jury makes the finding specified in
	Subsection (c) allowing the court to make a disposition in the case:
	(1)  the court or jury may, in addition to any order
	required or authorized under Section 54.041 or 54.042, place the
	child on probation on such reasonable and lawful terms as the court
	may determine:
	(A)  in the child's own home or in the custody of a
	relative or other fit person; or
	(B)  subject to the finding under Subsection (c)
	on the placement of the child outside the child's home, in:
	(i)  a suitable foster home; or
	(ii)  a suitable public or private
	institution or agency, except the Texas Youth Commission;
	(2)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that violates a penal law of this state or the United States of the
	grade of felony [or, if the requirements of Subsection (s) or (t)
	are met, of the grade of misdemeanor,] and if the petition was not
	approved by the grand jury under Section 53.045, the court may
	commit the child to the Texas Youth Commission without a
	determinate sentence;
	(3)  if the court or jury found at the conclusion of the
	adjudication hearing that the child engaged in delinquent conduct
	that included a violation of a penal law listed in Section 53.045(a)
	and if the petition was approved by the grand jury under Section
	53.045, the court or jury may sentence the child to commitment in
	the Texas Youth Commission with a possible transfer to the
	[institutional division or the pardons and paroles division of the]
	Texas Department of Criminal Justice for a term of:
	(A)  not more than 40 years if the conduct
	constitutes:
	(i)  a capital felony;
	(ii)  a felony of the first degree; or
	(iii)  an aggravated controlled substance
	felony;
	(B)  not more than 20 years if the conduct
	constitutes a felony of the second degree; or
	(C)  not more than 10 years if the conduct
	constitutes a felony of the third degree;
	(4)  the court may assign the child an appropriate
	sanction level and sanctions as provided by the assignment
	guidelines in Section 59.003; or
	(5)  if applicable, the court or jury may make a
	disposition under Subsection (m).
	(u)  For the purposes of disposition under Subsection
	(d)(2), delinquent conduct that violates a penal law of this state
	of the grade of felony [or misdemeanor] does not include conduct
	that violates a lawful order of a county, municipal, justice, or
	juvenile court under circumstances that would constitute contempt
	of that court.
	SECTION 8.  Chapter 54, Family Code, is amended by adding
	Section 54.0401 to read as follows:
	Sec. 54.0401.  COMMUNITY-BASED PROGRAMS.  (a)  This section
	applies only to a county that has a population of at least 335,000.
	(b)  A juvenile court of a county to which this section
	applies may require a child who is found to have engaged in
	delinquent conduct that violates a penal law of the grade of
	misdemeanor and for whom the requirements of Subsection (c) are met
	to participate in a community-based program administered by the
	county's juvenile board.
	(c)  A juvenile court of a county to which this section
	applies may make a disposition under Subsection (b) for delinquent
	conduct that violates a penal law of the grade of misdemeanor:
	(1)  if:
	(A)  the child has been adjudicated as having
	engaged in delinquent conduct violating a penal law of the grade of
	misdemeanor on at least two previous occasions;
	(B)  of the previous adjudications, the conduct
	that was the basis for one of the adjudications occurred after the
	date of another previous adjudication; and
	(C)  the conduct that is the basis of the current
	adjudication occurred after the date of at least two previous
	adjudications; or
	(2)  if:
	(A)  the child has been adjudicated as having
	engaged in delinquent conduct violating a penal law of the grade of
	felony on at least one previous occasion; and
	(B)  the conduct that is the basis of the current
	adjudication occurred after the date of that previous adjudication.
	(d)  The Texas Juvenile Probation Commission shall establish
	guidelines for the implementation of community-based programs
	described by this section.  The juvenile board of each county to
	which this section applies shall implement a community-based
	program that complies with those guidelines.
	(e)  The Texas Juvenile Probation Commission shall provide
	grants to selected juvenile boards to assist with the
	implementation of a system of community-based programs under this
	section.
	(f)  Not later than January 1, 2009, the Texas Juvenile
	Probation Commission shall prepare and deliver to the governor, the
	lieutenant governor, and each member of the legislature a report
	describing the implementation and effectiveness of the
	community-based  programs described by this section.  The report
	must include information relating to the cost of requiring a child
	to participate in a community-based program.  This subsection
	expires February 1, 2009.
	SECTION 9.  Subsection (f), Section 54.05, Family Code, is
	amended to read as follows:
	(f)  Except as provided by Subsection (j), a disposition
	based on a finding that the child engaged in delinquent conduct that
	violates a penal law of this state or the United States of the grade
	of felony [or, if the requirements of Subsection (k) are met, of the
	grade of misdemeanor,] may be modified so as to commit the child to
	the Texas Youth Commission if the court after a hearing to modify
	disposition finds by a preponderance of the evidence that the child
	violated a reasonable and lawful order of the court. A disposition
	based on a finding that the child engaged in habitual felony conduct
	as described by Section 51.031 or in delinquent conduct that
	included a violation of a penal law listed in Section 53.045(a) may
	be modified to commit the child to the Texas Youth Commission with a
	possible transfer to the [institutional division or the pardons and
	paroles division of the] Texas Department of Criminal Justice for a
	definite term prescribed by Section 54.04(d)(3) if the original
	petition was approved by the grand jury under Section 53.045 and if
	after a hearing to modify the disposition the court finds that the
	child violated a reasonable and lawful order of the court.
	SECTION 10.  Chapter 54, Family Code, is amended by adding
	Section 54.052 to read as follows:
	Sec. 54.052.  CREDIT FOR TIME SPENT IN DETENTION FACILITY
	FOR CHILD WITH DETERMINATE SENTENCE. (a)  This section applies
	only to a child who is committed to the Texas Youth Commission under
	a determinate sentence under Section 54.04(d)(3) or (m) or Section
	54.05(f).
	(b)  The judge of the court in which a child is adjudicated
	shall give the child credit on the child's sentence for the time
	spent by the child, in connection with the conduct for which the
	child was adjudicated, in a secure detention facility before the
	child's transfer to a Texas Youth Commission facility.
	(c)  If a child appeals the child's adjudication and is
	retained in a secure detention facility pending the appeal, the
	judge of the court in which the child was adjudicated shall give the
	child credit on the child's sentence for the time spent by the child
	in a secure detention facility pending disposition of the child's
	appeal. The court shall endorse on both the commitment and the
	mandate from the appellate court all credit given the child under
	this subsection.
	(d)  The Texas Youth Commission shall grant any credit under
	this section in computing the child's eligibility for parole and
	discharge.
	SECTION 11.  Subsection (a), Section 58.106, Family Code, is
	amended to read as follows:
	(a)  Except as otherwise provided by this section,
	information contained in the juvenile justice information system is
	confidential information for the use of the department and may not
	be disseminated by the department except:
	(1)  with the permission of the juvenile offender, to
	military personnel of this state or the United States;
	(2)  to a person or entity to which the department may
	grant access to adult criminal history records as provided by
	Section 411.083, Government Code;
	(3)  to a juvenile justice agency; [and]
	(4)  to [the Criminal Justice Policy Council,] the
	Texas Youth Commission[,] and the Texas Juvenile Probation
	Commission for analytical purposes; and
	(5)  to the office of independent ombudsman of the
	Texas Youth Commission.
	SECTION 12.  Section 261.201, Family Code, is amended by
	adding Subsections (i) and (j) to read as follows:
	(i)  Notwithstanding Subsection (a), the Texas Youth
	Commission shall release a report of alleged or suspected abuse or
	neglect made under this chapter if:
	(1)  the report relates to a report of abuse or neglect
	involving a child committed to the commission during the period
	that the child is committed to the commission; and
	(2)  the commission is not prohibited by Chapter 552,
	Government Code, or other law from disclosing the report.
	(j)  The Texas Youth Commission shall edit any report
	disclosed under Subsection (i) to protect the identity of:
	(1)  a child who is the subject of the report of alleged
	or suspected abuse or neglect;
	(2)  the person who made the report; and
	(3)  any other person whose life or safety may be
	endangered by the disclosure.
	SECTION 13.  Section 41.102, Government Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  The attorney general may offer to assist a prosecuting
	attorney in the prosecution of criminal offenses concerning the
	Texas Youth Commission.
	SECTION 14.  Chapter 41, Government Code, is amended by
	adding Subchapter E to read as follows:
	SUBCHAPTER E.  SPECIAL PROSECUTION UNIT
	Sec. 41.301.  DEFINITIONS. In this subchapter:
	(1)  "Board of directors" means the board of directors
	of the unit.
	(2)  "Commission" means the Texas Youth Commission.
	(3)  "Department" means the Texas Department of
	Criminal Justice.
	(4)  "Executive board" means the executive board
	governing the board of directors of the unit.
	(5)  "Prosecuting attorney" means a district attorney,
	a criminal district attorney, or a county attorney representing the
	state in criminal matters before the district or inferior courts of
	the county.
	(6)  "Unit" means the special prosecution unit.
	Sec. 41.302.  GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.
	The special prosecution unit is an independent unit that cooperates
	with and supports prosecuting attorneys in prosecuting offenses and
	delinquent conduct described by Article 104.003(a), Code of
	Criminal Procedure.
	Sec. 41.303.  BOARD OF DIRECTORS. (a)  The unit is governed
	by a board of directors composed of each prosecuting attorney who
	represents the state in criminal matters before a court in a county
	in which one or more facilities owned or operated by or under
	contract with the department or the commission are located.
	(b)  A prosecuting attorney described by Subsection (a)
	shall serve on the board of directors in addition to the other
	duties of the prosecuting attorney assigned by law.
	Sec. 41.304.  EXECUTIVE BOARD. (a)  The board of directors
	is governed by an executive board composed of 11 members elected by
	the membership of the board of directors on a majority vote from
	among that membership, as follows:
	(1)  one member of the executive board who represents
	the state in criminal matters before a court in a county in which
	one or more facilities owned or operated by or under contract with
	the commission are located shall be elected on a majority vote of
	the members of the board of directors to serve a term expiring in an
	even-numbered year;
	(2)  an additional four members of the executive board
	shall be elected on a majority vote of the members of the board of
	directors to serve terms expiring in even-numbered years;
	(3)  one member of the executive board who represents
	the state in criminal matters before a court in a county in which
	one or more facilities owned or operated by or under contract with
	the commission are located shall be elected on a majority vote of
	the members of the board of directors to serve a term expiring in an
	odd-numbered year; and
	(4)  an additional five members of the executive board
	shall be elected on a majority vote of the members of the board of
	directors to serve terms expiring in odd-numbered years.
	(b)  If a vacancy on the executive board occurs, the board of
	directors shall elect a person to serve the remainder of the
	vacating member's term in the manner provided by Subsection (a). To
	be eligible for election under this subsection, a person must meet
	any qualifications required of the vacating member for service on
	the executive board.
	Sec. 41.305.  OFFICERS. (a)  The members of the board of
	directors, on a majority vote, shall elect from among the
	membership of the executive board a presiding officer and an
	assistant presiding officer. The presiding officer serves as the
	presiding officer of the board of directors and the executive
	board, and the assistant presiding officer serves as the assistant
	presiding officer of the board of directors and the executive
	board.
	(b)  The presiding officer and the assistant presiding
	officer serve terms of one year.
	(c)  The assistant presiding officer serves as presiding
	officer of the board of directors and the executive board in the
	presiding officer's absence or if a vacancy occurs in that office
	until a new presiding officer is elected as provided by Subsection
	(d).
	(d)  If a vacancy occurs in the office of presiding officer
	or assistant presiding officer, the board of directors shall elect
	a person to serve the remainder of the vacating officer's term in
	the manner provided by Subsection (a).
	Sec. 41.306.  MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE
	BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of
	directors or the executive board may not be construed to be a civil
	office of emolument for any purpose, including those purposes
	described in Section 40, Article XVI, Texas Constitution.
	Sec. 41.307.  REIMBURSEMENT FOR EXPENSES. A member of the
	board of directors or executive board is not entitled to
	compensation for service on the board of directors or executive
	board, if applicable, but is entitled to be reimbursed for
	necessary expenses incurred in carrying out the duties and
	responsibilities of a member of the board of directors and the
	executive board, if applicable, as provided by the General
	Appropriations Act.
	Sec. 41.308.  CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL
	EMPLOYEES. The board of directors, on a majority vote, shall employ
	a person to serve as chief of the unit and additional persons to
	accomplish the unit's purposes. The board of directors may
	determine the compensation of the unit's employees.
	Sec. 41.309.  ELECTION OF COUNSELLOR.  (a)  The executive
	board, on a majority vote, shall elect a counsellor.
	(b)  To be eligible to serve as a counsellor, a person must:
	(1)  be certified in criminal law by the Texas Board of
	Legal Specialization;
	(2)  have at least five years of experience as a lawyer
	assisting prosecuting attorneys in prosecuting offenses or
	delinquent conduct committed on state property used for the custody
	of persons charged with or convicted of offenses or used for the
	custody of children charged with or adjudicated as having engaged
	in delinquent conduct or conduct indicating a need for supervision;
	or
	(3)  have served for at least five years as a
	prosecuting attorney or as a judge of a district court, a court of
	appeals, or the court of criminal appeals.
	Sec. 41.310.  DUTIES OF COUNSELLOR. (a)  The counsellor
	elected in accordance with Section 41.309:
	(1)  shall coordinate prosecution issues in and monitor
	each case involving an offense or delinquent conduct described by
	Article 104.003(a), Code of Criminal Procedure, that concerns the
	commission;
	(2)  shall work with criminal justice analysts employed
	by the Legislative Budget Board and other persons who monitor cases
	involving offenses or delinquent conduct described by Article
	104.003(a), Code of Criminal Procedure; and
	(3)  may conduct an investigation of any alleged
	illegal or improper conduct by commission officers, employees, or
	contractors that the counsellor reasonably believes:
	(A)  jeopardizes the health, safety, and welfare
	of children in the custody of the commission; and
	(B)  could constitute an offense described by
	Article 104.003(a), Code of Criminal Procedure.
	(b)  In addition to the duties prescribed by Subsection (a),
	the counsellor shall on a quarterly basis provide the board of
	directors and the standing committees of the senate and house of
	representatives with primary jurisdiction over matters concerning
	correctional facilities with a report concerning offenses or
	delinquent conduct prosecuted by the unit on receiving a request
	for assistance under Section 61.098, Human Resources Code, or a
	request for assistance otherwise from a prosecuting attorney. A
	report under this subsection is public information under Chapter
	552, Government Code, and the board of directors shall request that
	the commission publish the report on the commission's Internet
	website. A report must be both aggregated and disaggregated by
	individual facility and include information relating to:
	(1)  the number of requests for assistance received
	under Section 61.098, Human Resources Code, and requests for
	assistance otherwise received from prosecuting attorneys;
	(2)  the number of cases investigated and the number of
	cases prosecuted;
	(3)  the types and outcomes of cases prosecuted, such
	as whether the case concerned narcotics or an alleged incident of
	sexual abuse; and
	(4)  the relationship of a victim to a perpetrator, if
	applicable.
	(c)  The counsellor, in consultation with the board of
	directors, shall notify the foreman of the appropriate grand jury,
	in the manner provided by Article 20.09, Code of Criminal
	Procedure, if:
	(1)  the counsellor receives credible evidence of
	illegal or improper conduct by commission officers, employees, or
	contractors that the counsellor reasonably believes jeopardizes
	the health, safety, and welfare of children in the custody of the
	commission;
	(2)  the counsellor reasonably believes the conduct:
	(A)  could constitute an offense described by
	Article 104.003(a), Code of Criminal Procedure; and
	(B)  involves the alleged physical or sexual abuse
	of a child in the custody of a commission facility or an
	investigation related to the alleged abuse; and
	(3)  the counsellor has reason to believe that
	information concerning the conduct has not previously been
	presented to the appropriate grand jury.
	SECTION 15.  Chapter 325, Government Code, is amended by
	adding Sections 325.0121 and 325.0122 to read as follows:
	Sec. 325.0121.  STUDY ON TRANSITION TOWARD REGIONALIZED
	JUVENILE CORRECTIONS. (a)  As part of its review of juvenile
	corrections for the 81st Legislature, the commission shall study
	the merits of moving the Texas Youth Commission toward a
	regionalized structure of smaller facilities and more diversified
	treatment and placement options, taking into consideration the
	likely effects of this regionalized structure on:
	(1)  recidivism;
	(2)  juvenile and family access to services; and
	(3)  costs to this state and the counties of this state.
	(b)  In conducting the study, the commission shall determine
	whether the existing Texas Youth Commission facilities meet their
	intended purposes.
	(c)  The commission shall take into consideration the
	findings and conclusions of the study in its report to the 81st
	Legislature and shall include any recommendations it considers
	appropriate resulting from its consideration of the study.
	(d)  The commission, in conducting the study, may seek the
	assistance of nationally recognized experts in the field of
	juvenile justice.
	(e)  This section expires September 1, 2009.
	Sec. 325.0122.  STUDY ON GOVERNANCE OF TEXAS YOUTH
	COMMISSION. (a)  The commission shall study the merits of an
	executive commissioner governing the Texas Youth Commission as
	compared to a citizen board.
	(b)  The commission shall make recommendations concerning
	the governance of the Texas Youth Commission in its report to the
	legislature under Section 325.012 as part of its review of the Texas
	Youth Commission, which, as provided by Section 61.020, Human
	Resources Code, is abolished September 1, 2009, unless continued in
	existence as provided by this chapter.
	(c)  This section expires September 1, 2009.
	SECTION 16.  Subsection (a), Section 411.1141, 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 described by Section
	61.0357(b), Human Resources Code [who is:
	[(1)     an applicant for a position with 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 17.  Chapter 493, Government Code, is amended by
	adding Section 493.026 to read as follows:
	Sec. 493.026.  INSPECTOR GENERAL REPORT ON CRIMINAL
	OFFENSES. (a)  In this section, "special prosecution unit" means
	the special prosecution unit established under Subchapter E,
	Chapter 41.
	(b)  The inspector general of the department shall on a
	quarterly basis prepare and deliver to the board of directors of the
	special prosecution unit a report concerning any alleged criminal
	offense concerning the department and described by Article
	104.003(a), Code of Criminal Procedure, that occurred during the
	preceding calendar quarter.
	SECTION 18.  Subsection (b), Section 497.052, Government
	Code, is amended to read as follows:
	(b)  The following individuals shall serve as ex officio
	members of the authority:
	(1)  a member of the house of representatives
	designated by the speaker of the house;
	(2)  a member of the senate designated by the
	lieutenant governor;
	(3)  the executive director of the Texas Department of
	Criminal Justice or the designee of the executive director;
	(4)  the executive director of the Texas Workforce
	Commission or the designee of the executive director; and
	(5)  the executive commissioner [director] of the Texas
	Youth Commission or the designee of the executive commissioner
	[director].
	SECTION 19.  Subsection (a), Section 508.156, Government
	Code, is amended to read as follows:
	(a)  Before the release of a person who is transferred under
	Section 61.081(f) or 61.084(g) [61.084(f) or (g)], Human Resources
	Code, to the division for release on parole, a parole panel shall
	review the person's records and may interview the person or any
	other person the panel considers necessary to determine the
	conditions of parole.  The panel may impose any reasonable
	condition of parole on the person that the panel may impose on an
	adult inmate under this chapter.
	SECTION 20.  Subchapter A, Chapter 531, Government Code, is
	amended by adding Section 531.016 to read as follows:
	Sec. 531.016.  EQUAL ACCESS TO FACILITIES, SERVICES, AND
	TREATMENT. (a)  The commission, the Texas Youth Commission, and
	the Texas Juvenile Probation Commission shall periodically review,
	document, and compare the accessibility and funding of facilities,
	services, and treatment provided to females under 18 years of age to
	the accessibility and funding of facilities, services, and
	treatment provided to males in the same age group.
	(b)  The commission shall coordinate the review,
	documentation, and comparison required by Subsection (a).
	(c)  The areas of review required by Subsection (a) must
	include:
	(1)  the nature, extent, and effectiveness of services
	offered for females under 18 years of age within the areas of teen
	pregnancy, physical and sexual abuse, and alcohol and drug abuse,
	services for runaway and homeless females, and services for females
	involved in gangs or other delinquent activity; and
	(2)  the equity of services offered to persons under 18
	years of age with respect to gender within the areas of physical and
	sexual abuse, alcohol and drug abuse, and services offered to
	runaway and homeless youth.
	(d)  Each health and human services agency or other state
	agency that provides facilities, services, treatment, or funding
	subject to the review required by Subsection (a) shall identify
	existing differences within the agency in the allocation and
	expenditures of money and services for males under 18 years of age
	in comparison to females in the same age group. Each agency shall
	submit a report to the commission describing any differences
	identified.
	(e)  Each agency described by Subsection (d) shall:
	(1)  develop a plan to address any lack of services for
	females under 18 years of age reported by the agency; and
	(2)  submit a report to the commission on the progress
	made under the plan.
	(f)  The commission shall assemble the agency reports
	submitted under Subsections (d) and (e) and prepare an executive
	summary to be delivered to the members of the legislature not later
	than July 1 of each even-numbered year.
	(g)  This section expires September 1, 2011.
	SECTION 21.  Subdivision (9), Section 811.001, Government
	Code, is amended to read as follows:
	(9)  "Law enforcement officer" means a member of the
	retirement system who:
	(A)  has been commissioned as a law enforcement
	officer by the Department of Public Safety, the Texas Alcoholic
	Beverage Commission, [or] the Parks and Wildlife Department, or the
	office of inspector general at the Texas Youth Commission; and
	(B)  is recognized as a commissioned law
	enforcement officer by the Commission on Law Enforcement Officer
	Standards and Education.
	SECTION 22.  Subsection (b), Section 814.104, Government
	Code, is amended to read as follows:
	(b)  A member who is at least 55 years old and who has at
	least 10 years of service credit as a commissioned peace officer
	engaged in criminal law enforcement activities of the Department of
	Public Safety, the Texas Alcoholic Beverage Commission, [or] the
	Parks and Wildlife Department, or the office of inspector general
	at the Texas Youth Commission, or as a custodial officer, is
	eligible to retire and receive a service retirement annuity.
	SECTION 23.  Section 815.505, Government Code, is amended to
	read as follows:
	Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
	CUSTODIAL OFFICERS.  Not later than the 12th day of the month
	following the month in which a person begins or ceases employment as
	a law enforcement officer or custodial officer, the Public Safety
	Commission, the Texas Alcoholic Beverage Commission, the Parks and
	Wildlife Commission, the office of inspector general at the Texas
	Youth Commission, the Board of Pardons and Paroles, or the Texas
	Board of Criminal Justice, as applicable, shall certify to the
	retirement system, in the manner prescribed by the system, the name
	of the employee and such other information as the system determines
	is necessary for the crediting of service and financing of benefits
	under this subtitle.
	SECTION 24.  Subsection (a), Section 551.008, Health and
	Safety Code, is amended to read as follows:
	(a)  The department may transfer the South Campus of the
	Vernon State Hospital to the Texas Youth Commission contingent upon
	the agreement of the governing board of the department and the
	executive commissioner [governing board] of the Texas Youth
	Commission.
	SECTION 25.  Subsection (b), Section 42.041, Human Resources
	Code, is amended to read as follows:
	(b)  This section does not apply to:
	(1)  a state-operated facility;
	(2)  an agency foster home or agency foster group home;
	(3)  a facility that is operated in connection with a
	shopping center, business, religious organization, or
	establishment where children are cared for during short periods
	while parents or persons responsible for the children are attending
	religious services, shopping, or engaging in other activities on or
	near the premises, including but not limited to retreats or classes
	for religious instruction;
	(4)  a school or class for religious instruction that
	does not last longer than two weeks and is conducted by a religious
	organization during the summer months;
	(5)  a youth camp licensed by the Department of State
	Health Services [Texas Department of Health];
	(6)  a facility licensed, operated, certified, or
	registered by another state agency;
	(7)  an educational facility accredited by the Texas
	Education Agency or the Southern Association of Colleges and
	Schools that operates primarily for educational purposes in grades
	kindergarten and above, an after-school program operated directly
	by an accredited educational facility, or an after-school program
	operated by another entity under contract with the educational
	facility, if the Texas Education Agency or Southern Association of
	Colleges and Schools has approved the curriculum content of the
	after-school program operated under the contract;
	(8)  an educational facility that operates solely for
	educational purposes in grades kindergarten through at least grade
	two, that does not provide custodial care for more than one hour
	during the hours before or after the customary school day, and that
	is a member of an organization that promulgates, publishes, and
	requires compliance with health, safety, fire, and sanitation
	standards equal to standards required by state, municipal, and
	county codes;
	(9)  a kindergarten or preschool educational program
	that is operated as part of a public school or a private school
	accredited by the Texas Education Agency, that offers educational
	programs through grade six, and that does not provide custodial
	care during the hours before or after the customary school day;
	(10)  a family home, whether registered or listed;
	(11)  an educational facility that is integral to and
	inseparable from its sponsoring religious organization or an
	educational facility both of which do not provide custodial care
	for more than two hours maximum per day, and that offers educational
	programs for children age five and above in one or more of the
	following: kindergarten through at least grade three, elementary,
	or secondary grades;
	(12)  an emergency shelter facility providing shelter
	to minor mothers who are the sole support of their natural children
	under Section 32.201, Family Code, unless the facility would
	otherwise require a license as a child-care facility under this
	section;
	(13)  a juvenile detention facility certified under
	Section 51.12, Family Code, a juvenile correctional facility
	certified under Section 51.125, Family Code [or Section
	141.042(d)], a juvenile facility providing services solely for the
	Texas Youth Commission, or any other correctional facility for
	children operated or regulated by another state agency or by a
	political subdivision of the state;
	(14)  an elementary-age (ages 5-13) recreation program
	operated by a municipality provided the governing body of the
	municipality annually adopts standards of care by ordinance after a
	public hearing for such programs, that such standards are provided
	to the parents of each program participant, and that the ordinances
	shall include, at a minimum, staffing ratios, minimum staff
	qualifications, minimum facility, health, and safety standards,
	and mechanisms for monitoring and enforcing the adopted local
	standards; and further provided that parents be informed that the
	program is not licensed by the state and the program may not be
	advertised as a child-care facility; or
	(15)  an annual youth camp held in a municipality with a
	population of more than 1.5 million that operates for not more than
	three months and that has been operated for at least 10 years by a
	nonprofit organization that provides care for the homeless.
	SECTION 26.  Subsection (h), Section 42.052, Human Resources
	Code, is amended to read as follows:
	(h)  The certification requirements of this section do not
	apply to a juvenile detention facility certified under Section
	51.12, Family Code, or a juvenile correctional facility certified
	under Section 51.125, Family Code [or Section 141.042(d)].
	SECTION 27.  Section 61.001, Human Resources Code, is
	amended by amending Subdivisions (2) and (4) and adding Subdivision
	(7) to read as follows:
	(2)  "Advisory board" ["Board"] means the advisory
	[governing] board of the commission.
	(4)  "Executive commissioner [director]" means the
	executive commissioner [director] of the commission.
	(7)  "Office of inspector general" means the office of
	inspector general established under Section 61.0451.
	SECTION 28.  Sections 61.012 and 61.0121, Human Resources
	Code, are amended to read as follows:
	Sec. 61.012.  EXECUTIVE COMMISSIONER [MEMBERS OF THE
	GOVERNING BOARD]. (a)  The [governing board of the] Texas Youth
	Commission is governed by an executive commissioner [consists of
	seven members] appointed by the governor with the consent of the
	senate. The appointment of the executive commissioner
	[Appointments to the board] shall be made without regard to the
	race, color, disability, sex, religion, age, or national origin of
	the appointee [appointees].
	(b)  [Members of the board must be citizens who are
	recognized within their communities for their interest in youth.
	[(c)]  The executive commissioner holds [board members hold]
	office for a term of not more than two years expiring February 1 of
	odd-numbered [staggered terms of six years, with the terms of two or
	three members expiring every two] years.
	(c)  The executive commissioner [(d) A member] is eligible
	for reappointment with the consent of the senate.
	(d)  The executive commissioner is a full-time state officer
	who is entitled to a salary and reimbursement for actual expenses
	incurred while on commission business.
	(e)  This section expires September 1, 2009.
	Sec. 61.0121.  QUALIFICATIONS FOR EXECUTIVE COMMISSIONER,
	ADVISORY BOARD MEMBERS, AND EMPLOYEES. (a)  A person is not
	eligible for appointment as executive commissioner or as a member
	of [to] the advisory board if the person or the person's spouse:
	(1)  is employed by or participates in the management
	of a business entity or other organization receiving funds from the
	commission;
	(2)  owns or controls, directly or indirectly, more
	than a 10 percent interest in a business entity or other
	organization receiving funds from the commission; or
	(3)  uses or receives a substantial amount of tangible
	goods, services, or funds from the commission, other than
	compensation or reimbursement authorized by law [for board
	membership, attendance, or expenses].
	(b)  An officer, employee, or paid consultant of a Texas
	trade association in the field of criminal or juvenile justice may
	not be the executive commissioner, a member of the advisory board,
	or an employee of the commission who is exempt from the state's
	position classification plan or is compensated at or above the
	amount prescribed by the General Appropriations Act for step 1,
	salary group 17, of the position classification salary schedule.
	(c)  A person who is the spouse of an officer, manager, or
	paid consultant of a Texas trade association in the field of
	criminal justice or juvenile justice may not be the executive
	commissioner, a member of the advisory board, or [and may not be] an
	employee of the commission who is exempt from the state's position
	classification plan or is compensated at or above the amount
	prescribed by the General Appropriations Act for step 1, salary
	group 17, of the position classification salary schedule.
	(d)  For the purposes of this section, a Texas trade
	association is a nonprofit, cooperative, and voluntarily joined
	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.
	(e)  A person may not be appointed as executive commissioner,
	serve as a member of the advisory board, or act as the general
	counsel to the executive commissioner, the advisory 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.
	(f)  This section expires September 1, 2009.
	SECTION 29.  Subchapter B, Chapter 61, Human Resources Code,
	is amended by adding Section 61.0123 to read as follows:
	Sec. 61.0123.  REMOVAL OF EXECUTIVE COMMISSIONER FROM
	OFFICE.  (a)  It is a ground for removal from office as executive
	commissioner if the executive commissioner:
	(1)  does not have at the time of appointment the
	qualifications required by Section 61.0121(a) for appointment;
	(2)  does not maintain while serving as executive
	commissioner the qualifications required by Section 61.0121(a) for
	appointment; or
	(3)  violates a prohibition established by Section
	61.0121(b) or (c).
	(b)  The validity of an action of the executive commissioner
	is not affected by the fact that it was taken when a ground for
	removal existed.
	(c)  If the advisory board has knowledge that a potential
	ground for removal exists under this section, the chairman of the
	advisory board shall notify the executive commissioner, the
	governor, and the attorney general of the potential ground for
	removal.
	(d)  This section expires September 1, 2009.
	SECTION 30.  Section 61.013, Human Resources Code, is
	amended to read as follows:
	Sec. 61.013.  ADVISORY BOARD [PRESIDING OFFICER; MEETINGS].
	(a)  An advisory board for the commission is established to:
	(1)  advise the executive commissioner on matters
	concerning the commission; and
	(2)  assist the executive commissioner in the
	performance of the executive commissioner's duties [The governor
	shall designate a member of the board as the chairman of the board
	to serve in that capacity at the pleasure of the governor].
	(b)  The advisory board is composed of nine members.  Three
	members shall be appointed by the governor, three members shall be
	appointed by the lieutenant governor, and three members shall be
	appointed by the speaker of the house of representatives.  The
	governor, lieutenant governor, and speaker of the house of
	representatives shall coordinate to ensure that the membership of
	the advisory board meets the requirements of Subsection (d).  The
	governor shall designate a member of the advisory board as the
	chairman of the advisory board to serve in that capacity at the
	pleasure of the governor [The board shall meet at least four times
	each year].
	(c)  The appointment of a member of the advisory board shall
	be made without regard to the race, color, disability, sex,
	religion, age, or national origin of the appointee [A meeting shall
	be held on the call of the chairman or on the request of four members
	at the time and place designated by the chairman].
	(d)  Members of the advisory board must be citizens who are
	recognized within their communities for their interest in youth.
	The board shall be composed of at least one physician, an
	experienced member of a victims advocacy organization, a mental
	health professional, and a current or former prosecutor or judge. A
	majority of the members of the advisory board 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.  At least two of the members of the advisory board
	must have primary experience in a field other than the field of
	criminal or juvenile justice.
	(e)  The advisory board shall meet at least four times each
	year. A meeting shall be held at the call of the chairman or on the
	request of five members at a time and place designated by the
	chairman.
	(f)  Advisory board members are entitled to receive a per
	diem in the amount provided in the General Appropriations Act for
	not more than 90 days in any fiscal year, plus reimbursement for
	actual expenses incurred while on advisory board business.
	(g)  A member of the advisory board serves at the pleasure of
	the person who appointed the member.
	(h)  This section expires September 1, 2009.
	SECTION 31.  Sections 61.019 and 61.0191, Human Resources
	Code, are amended to read as follows:
	Sec. 61.019.  DELEGATION OF POWERS AND DUTIES. (a)  Any
	power, duty, or function of the commission that is not assigned by
	statute to the chief inspector general of the office of inspector
	general [or of the board] may be exercised and performed by the
	executive commissioner.
	(b)  The executive commissioner may delegate to [director
	or] any [member or] employee designated or assigned by the [board or
	by the] executive commissioner a power, duty, or function of the
	executive commissioner or the commission that is not already
	assigned by statute to the chief inspector general of the office of
	inspector general [director].
	(c)  This section expires September 1, 2009.
	Sec. 61.0191.  AUDIT; AUTHORITY OF STATE AUDITOR.  (a)  The
	[financial transactions of the] commission is [are] subject to
	audit by the state auditor in accordance with Chapter 321,
	Government Code.
	(b)  The state auditor, on request of the office of inspector
	general, may provide information or other assistance to the office
	of inspector general that the state auditor determines is
	appropriate. The office of inspector general may coordinate with
	the state auditor to review or schedule a plan for an investigation
	under Section 61.0451 or share other information.
	(c)  The state auditor may access all information maintained
	by the office of inspector general, such as vouchers, electronic
	data, and internal records, including information that is otherwise
	confidential under law. Information obtained by the state auditor
	under this subsection is confidential and is not subject to
	disclosure under Chapter 552, Government Code.
	(d)  Any provision of this chapter relating to the operations
	of the office of inspector general does not:
	(1)  supersede the authority of the state auditor to
	conduct an audit under Chapter 321, Government Code; or
	(2)  prohibit the state auditor from:
	(A)  conducting an audit, investigation, or other
	review; or
	(B)  having full and complete access to all
	records and other information concerning the commission, including
	any witness statement or electronic data, that the state auditor
	considers necessary for the audit, investigation, or review.
	SECTION 32.  Section 61.022, Human Resources Code, is
	amended to read as follows:
	Sec. 61.022.  ACCESSIBILITY TO PROGRAMS AND FACILITIES. The
	commission shall comply with federal and state laws related to
	program and facility accessibility. The executive commissioner
	[director] shall also prepare and maintain a written plan that
	describes how a person who does not speak English can be provided
	reasonable access to the commission's programs and services.
	SECTION 33.  Subchapter B, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.023 and 61.024 to read as follows:
	Sec. 61.023.  ACCREDITATION BY AMERICAN CORRECTIONAL
	ASSOCIATION. Not later than September 1, 2007, the commission
	shall adopt a plan for and begin the process of receiving
	accreditation by the American Correctional Association for each
	correctional facility operated by or under contract with the
	commission.
	Sec. 61.024.  GOVERNANCE OF COMMISSION.
	(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.
	(b)  Members of the board must be citizens who are recognized
	within their communities for their interest in youth. The board
	shall be composed of at least one physician, an experienced member
	of a victims advocacy organization, a mental health professional,
	and a current or former prosecutor or judge. A majority of the
	members of the board 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.
	At least two of the members of the board must have primary
	experience in a field other than the field of criminal or juvenile
	justice.
	(c)  The board shall meet at least four times each year. A
	meeting shall be held at the call of the chairman or on the request
	of five members at a time and place designated by the chairman.
	Board members are entitled to receive a per diem in the amount
	provided in the General Appropriations Act for not more than 90 days
	in any fiscal year, plus reimbursement for actual expenses incurred
	while on board business.
	(d)  Effective September 1, 2009, the commission shall
	employ an executive director, selected by the board, to serve at the
	will of the board. The executive director shall devote full time to
	the work of the commission. The executive director is entitled to
	actual expenses while on commission business.
	(e)  Effective September 1, 2009:
	(1)  a reference in law to the executive commissioner
	is a reference to the board in matters concerning the governance of
	the commission, policymaking functions of the commission, or
	rulemaking functions of the commission; and
	(2)  a reference in law to the executive commissioner
	is a reference to the executive director in matters concerning the
	administrative functions of the commission.
	SECTION 34.  Section 61.0315, Human Resources Code, is
	amended to read as follows:
	Sec. 61.0315.  [REVIEW OF] TREATMENT PROGRAMS.  (a)  The
	commission shall annually review the effectiveness of the
	commission's programs for the rehabilitation and reestablishment
	in society of children committed to the commission, including
	programs for sex offenders, capital offenders, children who are
	chemically dependent, [and] emotionally disturbed children, and
	females.
	(b)  On or before December 31 of each year, the commission
	shall make a report on the effectiveness of the programs to the
	Legislative Budget Board.
	(c)  The commission shall offer or make available programs
	described by Subsection (a) in an adequate manner so that a child in
	the custody of the commission receives appropriate rehabilitation
	services recommended for the child by the court committing the
	child to the commission.
	(d)  If the commission is unable to offer or make available
	programs described by Subsection (a) in the manner provided by
	Subsection (c), the commission shall, not later than January 10 of
	each odd-numbered year, provide the standing committees of the
	senate and house of representatives with primary jurisdiction over
	matters concerning correctional facilities with a report
	explaining:
	(1)  which programs are not offered or are unavailable;
	and
	(2)  the reason the programs are not offered or are
	unavailable.
	(e)  The commission shall periodically review, document, and
	compare the accessibility and funding of treatment programs
	provided to female children committed to the commission to the
	accessibility and funding of treatment provided to male children
	committed to the commission.
	SECTION 35.  Subchapter C, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.0331, 61.0332, and 61.0345 to read
	as follows:
	Sec. 61.0331.  INTERNAL AUDIT; REPORT. (a)  The commission
	shall regularly conduct internal audits of the commission,
	including audits of:
	(1)  correctional facilities operated by and under
	contract with the commission; and
	(2)  medical services provided to children in the
	custody of the commission.
	(b)  The commission shall on a quarterly basis report the
	results of the audits to:
	(1)  the committees of the senate and house of
	representatives with primary jurisdiction over matters concerning
	correctional facilities; and
	(2)  the state auditor.
	Sec. 61.0332.  COMPLIANCE REPORTS. (a)  The commission
	shall provide the Joint Select Committee on the Operation and
	Management of the Texas Youth Commission with reports concerning
	the progress of the commission in complying with the requirements
	of S.B. No. 103, Acts of the 80th Legislature, Regular Session,
	2007. The commission shall prepare and deliver the first report to
	the joint select committee on December 1, 2007, the second report to
	the joint select committee on June 1, 2008, and the final report to
	the joint select committee on December 1, 2008.
	(b)  This section expires January 1, 2009.
	Sec. 61.0345.  MISSION STATEMENT. The commission shall
	develop and adopt a statement regarding the role and mission of the
	commission.
	SECTION 36.  Section 61.034, Human Resources Code, is
	amended to read as follows:
	Sec. 61.034.  POLICIES AND RULES.  (a)  The executive
	commissioner [The commission] is responsible for the adoption of
	all policies and shall make rules appropriate to the proper
	accomplishment of the commission's [its] functions.
	(b)  The executive commissioner [commission] shall adopt
	rules for the government of the schools, facilities, and programs
	under the commission's [its] authority and shall see that the
	schools, facilities, and programs are conducted according to law
	and to the executive commissioner's [commission's] rules. The
	purpose of the rules and of all education, work, training,
	discipline, recreation, and other activities in the schools,
	facilities, and programs is to restore and increase the
	self-respect and self-reliance of the youth under the authority of
	the commission and to qualify them for good citizenship and
	honorable employment.
	SECTION 37.  Section 61.035, Human Resources Code, is
	amended by amending Subsection (b) and adding Subsection (c) to
	read as follows:
	(b)  Except as otherwise provided by this chapter, an
	employee of the commission is employed on an at-will basis [The
	commission may remove any employee for cause, and a decision by the
	commission is final].
	(c)  The commission shall establish procedures and practices
	governing:
	(1)  employment-related grievances submitted by
	commission employees; and
	(2)  disciplinary actions within the commission,
	including a procedure allowing a commission employee to elect to
	participate in an independent dismissal mediation if the employee
	is recommended for dismissal.
	SECTION 38.  Sections 61.0351, 61.0352, and 61.0354, Human
	Resources Code, are amended to read as follows:
	Sec. 61.0351.  PROFESSIONAL INFORMATION FOR ADVISORY BOARD
	MEMBERS AND EMPLOYEES. The executive commissioner [director or the
	executive director's designee] shall provide to members of the
	advisory board and to commission employees, as often as is
	necessary, information regarding their qualification for office or
	employment under this chapter and their responsibilities under
	applicable laws relating to standards of conduct for state officers
	or employees.
	Sec. 61.0352.  DIVISION OF RESPONSIBILITY.  The executive
	commissioner [board] shall develop and implement policies that
	clearly separate the policymaking responsibilities of the
	executive commissioner [board] and the management responsibilities
	of the [executive director and the] staff of the commission.
	Sec. 61.0354.  JOB PERFORMANCE EVALUATIONS. The executive
	commissioner [director or the executive director's designee] shall
	develop a system of annual performance evaluations that are based
	on documented employee performance.  All merit pay for commission
	employees must be based on the system established under this
	section.
	SECTION 39.  Subsection (a), Section 61.0355, Human
	Resources Code, is amended to read as follows:
	(a)  The executive commissioner [director or the executive
	director's designee] shall prepare and maintain a written policy
	statement to assure implementation of a program of equal employment
	opportunity under which all personnel transactions are made without
	regard to race, color, disability, sex, religion, age, or national
	origin. The policy statement shall include:
	(1)  personnel policies, including policies relating
	to recruitment, evaluation, selection, appointment, training, and
	promotion of personnel that are in compliance with requirements of
	Chapter 21, Labor Code;
	(2)  a comprehensive analysis of the commission's work
	force that meets federal or state laws, rules, and regulations and
	instructions promulgated directly from those laws, rules, and
	regulations;
	(3)  procedures by which a determination can be made
	about the extent of underuse in the commission's work force of all
	persons of whom federal or state laws, rules, and regulations and
	instructions promulgated directly from those laws, rules, and
	regulations encourage a more equitable balance; and
	(4)  reasonable methods to appropriately address those
	areas of underuse.
	SECTION 40.  Subchapter C, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.0356, 61.0357, and 61.0386 to read
	as follows:
	Sec. 61.0356.  JUVENILE CORRECTIONAL OFFICERS; STAFFING.
	(a)  In this section, "juvenile correctional officer" means an
	employee whose primary duty includes the custodial supervision of
	children in the custody of the commission.
	(b)  The commission shall provide each juvenile correctional
	officer employed by the commission with at least 300 hours of
	training, which must include on-the-job training, before the
	officer independently commences the officer's duties at the
	facility.  The training must provide the officer with information
	and instruction related to the officer's duties, including
	information and instruction concerning:
	(1)  the juvenile justice system of this state,
	including the juvenile correctional facility system;
	(2)  security procedures;
	(3)  the supervision of children committed to the
	commission;
	(4)  signs of suicide risks and suicide precautions;
	(5)  signs and symptoms of the abuse, assault, neglect,
	and exploitation of a child, including sexual abuse and sexual
	assault, and the manner in which to report the abuse, assault,
	neglect, or exploitation of a child;
	(6)  the neurological, physical, and psychological
	development of adolescents;
	(7)  commission rules and regulations, including
	rules, regulations, and tactics concerning the use of force;
	(8)  appropriate restraint techniques;
	(9)  the Prison Rape Elimination Act of 2003 (42 U.S.C.
	Section 15601, et seq.);
	(10)  the rights and responsibilities of children in
	the custody of the commission;
	(11)  interpersonal relationship skills;
	(12)  the social and cultural lifestyles of children in
	the custody of the commission;
	(13)  first aid and cardiopulmonary resuscitation;
	(14)  counseling techniques;
	(15)  conflict resolution and dispute mediation,
	including de-escalation techniques;
	(16)  behavior management;
	(17)  mental health issues; and
	(18)  employee rights, employment discrimination, and
	sexual harassment.
	(c)  The commission may employ part-time juvenile
	correctional officers.  A part-time juvenile correctional officer
	is subject to the training requirements of this section.
	(d)  In each correctional facility operated by the
	commission that has a dormitory, including an open-bay dormitory,
	the commission must maintain a ratio of not less than one juvenile
	correctional officer performing direct supervisory duties for
	every 12 persons committed to the facility.
	(e)  The commission shall consider the age of a juvenile
	correctional officer or other commission employee who performs
	direct supervisory duties when determining the placement of the
	officer or employee in a commission facility so that, to the extent
	practicable, an officer or employee is not supervising a child who
	is not more than three years younger than the officer or employee or
	is otherwise a similar age to the officer or employee.
	(f)  The commission shall rotate the assignment of each
	juvenile correctional officer at an interval determined by the
	commission so that a juvenile correctional officer is not assigned
	to the same station for an extended period of time.
	(g)  The commission shall ensure that at least one juvenile
	correctional officer is assigned to supervise in or near a
	classroom or other location in which children receive education
	services or training at the time the children are receiving the
	education services or training.
	(h)  The commission shall adopt rules necessary to
	administer this section.
	Sec. 61.0357.  REQUIRED BACKGROUND AND CRIMINAL HISTORY
	CHECKS. (a)  In this section:
	(1)  "Department" means the Department of Public
	Safety.
	(2)  "National criminal history record information"
	means criminal history record information obtained from the
	department under Subchapter F, Chapter 411, Government Code, and
	from the Federal Bureau of Investigation under Section 411.087,
	Government Code.
	(b)  The executive commissioner shall review the national
	criminal history record information, state criminal history record
	information maintained by the department, and previous and current
	employment references of each person who:
	(1)  is an employee, contractor, volunteer, ombudsman,
	or advocate working for the commission or working in a commission
	facility or a facility under contract with the commission;
	(2)  provides direct delivery of services to children
	in the custody of the commission; or
	(3)  has access to records in commission facilities or
	offices.
	(c)  To enable the executive commissioner to conduct the
	review, the commission shall adopt rules requiring a person
	described by Subsection (b) to electronically provide the
	department with a complete set of the person's fingerprints in a
	form and of a quality acceptable to the department and the Federal
	Bureau of Investigation.
	(d)  For each person described by Subsection (b), the
	executive commissioner shall review on an annual basis the person's
	national criminal history record information.
	(e)  The commission shall ensure that the system used to
	check state criminal history record information maintained by the
	department is capable of providing real time arrest information.
	(f)  The commission by rule may require a person described by
	Subsection (b) to pay a fee related to the first national criminal
	history record information review conducted under this section.
	The amount of the fee may not exceed the administrative costs
	incurred by the commission in conducting the initial review,
	including the costs of obtaining the person's fingerprints.
	(g)  The commission shall adopt rules necessary to
	administer this section.
	Sec. 61.0386.  ADVOCACY AND SUPPORT GROUPS. (a)  The
	commission shall allow advocacy and support groups whose primary
	functions are to benefit children, inmates, girls and women, the
	mentally ill, and victims of sexual assault to provide on-site
	information, support, and other services for children confined in
	commission facilities.
	(b)  The commission shall adopt security and privacy
	procedures for advocacy and support groups that provide on-site
	information, support, and other services under this section. The
	security and privacy procedures may not be designed to deny an
	advocacy or support group access to children confined in commission
	facilities.
	(c)  The commission shall adopt standards consistent with
	standards adopted by the Texas Department of Criminal Justice
	regarding the confidential correspondence of children confined in
	commission facilities with external entities, including advocacy
	and support groups.
	SECTION 41.  Section 61.0423, Human Resources Code, is
	amended to read as follows:
	Sec. 61.0423.  PUBLIC HEARINGS. (a)  The executive
	commissioner [board] shall develop and implement policies that
	provide the public with a reasonable opportunity to appear before
	the executive commissioner or the executive commissioner's
	designee [board] and to speak on any issue under the jurisdiction of
	the commission.
	(b)  The 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 42.  Subchapter C, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.0451, 61.0452, and 61.0461 to read
	as follows:
	Sec. 61.0451.  OFFICE OF INSPECTOR GENERAL. (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 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 prepare and
	deliver a report concerning the results of any investigation
	conducted under this section to:
	(1)  the executive commissioner;
	(2)  the advisory board;
	(3)  the governor;
	(4)  the lieutenant governor;
	(5)  the speaker of the house of representatives;
	(6)  the standing committees of the senate and house of
	representatives with primary jurisdiction over matters concerning
	correctional facilities;
	(7)  the special prosecution unit;
	(8)  the state auditor; and
	(9)  any other appropriate state agency responsible for
	licensing or certifying commission employees or facilities.
	(c)  The report prepared under Subsection (b) must include a
	summary of the actions performed by the office of inspector general
	in conducting the investigation, a statement of whether the
	investigation resulted in a finding that a criminal offense
	occurred, and a description of the finding. The report is public
	information under Chapter 552, Government Code, only to the extent
	authorized under that chapter and other law.
	(d)  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.
	(e)  Peace officers employed and commissioned under
	Subsection (d) must:
	(1)  be certified by the Commission on Law Enforcement
	Officer Standards and Education under Chapter 1701, Occupations
	Code; and
	(2)  complete advanced courses relating to the duties
	of peace officers employed and commissioned under Subsection (d) as
	part of any continuing education requirements for the peace
	officers.
	(f)  The executive commissioner shall select a commissioned
	peace officer as chief inspector general.  The chief inspector
	general is subject to the requirements of this section and may only
	be discharged for cause.
	(g)  The chief inspector general shall on a quarterly basis
	prepare and deliver a report concerning the operations of the
	office of inspector general to:
	(1)  the executive commissioner;
	(2)  the advisory board;
	(3)  the governor;
	(4)  the lieutenant governor;
	(5)  the speaker of the house of representatives;
	(6)  the standing committees of the senate and house of
	representatives with primary jurisdiction over correctional
	facilities;
	(7)  the state auditor; and
	(8)  the comptroller.
	(h)  A report prepared under Subsection (g) is public
	information under Chapter 552, Government Code, to the extent
	authorized under that chapter and other law, and the commission
	shall publish the report on the commission's Internet website. A
	report must be both aggregated and disaggregated by individual
	facility and include information relating to:
	(1)  the types of investigations conducted by the
	office of inspector general, such as whether an investigation
	concerned narcotics or an alleged incident of sexual abuse;
	(2)  the relationship of a victim to a perpetrator, if
	applicable; and
	(3)  the number of investigations conducted concerning
	suicides, deaths, and hospitalizations of children in the custody
	of the commission.
	(i)  The office of inspector general shall immediately
	report to the executive commissioner, the advisory board, the
	governor's general counsel, and the state auditor any particularly
	serious or flagrant problem concerning the administration of a
	commission program or operation or any interference by the
	executive commissioner or an employee of the commission with an
	investigation conducted by the office.
	Sec. 61.0452.  TOLL-FREE NUMBER. (a)  The commission shall
	establish a permanent, toll-free number for the purpose of
	receiving any information concerning the abuse, neglect, or
	exploitation of children in the custody of the commission.
	(b)  The office of inspector general shall ensure that:
	(1)  the toll-free number is prominently displayed in
	each commission facility; and
	(2)  children in the custody of the commission and
	commission employees have confidential access to telephones for the
	purpose of calling the toll-free number.
	Sec. 61.0461.  EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT
	CERTAIN COMMISSION FACILITIES.  The commission shall ensure that a
	chaplain is employed or formally designated for each commission
	correctional facility that is an institution.
	SECTION 43.  Subchapter D, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.061, 61.062, and 61.0651 to read as
	follows:
	Sec. 61.061.  PLACEMENT IN COMMISSION FACILITIES.  (a)  The
	commission may not assign a child younger than 15 years of age to
	the same correctional facility dormitory as a person who is at least
	17 years of age unless the commission determines that the placement
	is necessary to ensure the safety of children in the custody of the
	commission.  This subsection does not apply to a dormitory that is
	used exclusively for short-term assessment and orientation
	purposes.
	(b)  The commission by rule shall adopt scheduling, housing,
	and placement procedures for the purpose of protecting vulnerable
	children in the custody of the commission. The procedures must
	address the age, physical condition, and treatment needs of a child
	as well as any other relevant factor.
	(c)  The commission shall consider the proximity of the
	residence of a child's family in determining the appropriate
	commission facility in which to place a child.
	Sec. 61.062.  ESTABLISHMENT OF MINIMUM LENGTH OF STAY.
	(a)  The commission shall establish a minimum length of stay for
	each child committed to the commission without a determinate
	sentence.
	(b)  In establishing a minimum length of stay for a child,
	the commission shall consider:
	(1)  the nature of and seriousness of the conduct
	engaged in by the child; and
	(2)  the danger the child poses to the community.
	Sec. 61.0651.  INFORMATION PROVIDED BY COMMITTING COURT. In
	addition to the information provided under Section 61.065, a court
	that commits a child to the commission shall provide the commission
	with a copy of the following documents:
	(1)  the petition and the adjudication and disposition
	orders for the child, including the child's thumbprint;
	(2)  if the commitment is a result of revocation of
	probation, a copy of the conditions of probation and the revocation
	order;
	(3)  the social history report for the child;
	(4)  any psychological or psychiatric reports
	concerning the child;
	(5)  the contact information sheet for the child's
	parents or guardian;
	(6)  any law enforcement incident reports concerning
	the offense for which the child is committed;
	(7)  any sex offender registration information
	concerning the child;
	(8)  any juvenile probation department progress
	reports concerning the child;
	(9)  any assessment documents concerning the child;
	(10)  the computerized referral and case history for
	the child, including case disposition;
	(11)  the child's birth certificate;
	(12)  the child's social security number or social
	security card, if available;
	(13)  the name, address, and telephone number of the
	court administrator in the committing county;
	(14)  Title IV-E eligibility screening information for
	the child, if available;
	(15)  the address in the committing county for
	forwarding funds collected to which the committing county is
	entitled;
	(16)  any of the child's school or immunization records
	that the committing county possesses;
	(17)  any victim information concerning the case for
	which the child is committed; and
	(18)  any of the child's pertinent medical records that
	the committing court possesses.
	SECTION 44.  Section 61.044, Human Resources Code, is
	amended to read as follows:
	Sec. 61.044.  BIENNIAL BUDGET. [DUTIES OF EXECUTIVE
	DIRECTOR.   (a)     The executive director shall perform the duties
	assigned by the commission.
	[(b)]  The executive commissioner [director] shall prepare
	[and submit to the commission for its approval] a biennial budget of
	all funds necessary to be appropriated by the legislature to the
	commission to carry out the purposes of this chapter. The budget
	shall be submitted and filed by the executive commissioner
	[commission] in the form and manner and within the time prescribed
	by law.
	SECTION 45.  Subchapter C, Chapter 61, Human Resources Code,
	is amended by adding Section 61.055 to read as follows:
	Sec. 61.055.  ZERO-TOLERANCE POLICY. (a)  The commission
	shall adopt a zero-tolerance policy concerning the detection,
	prevention, and punishment of the sexual abuse, including
	consensual sexual contact, of children in the custody of the
	commission.
	(b)  The commission shall establish standards for reporting
	and collecting data on the sexual abuse of children in the custody
	of the commission.
	(c)  The commission shall establish a procedure for children
	in the custody of the commission and commission employees to report
	incidents of sexual abuse involving a child in the custody of the
	commission. The procedure must designate a person employed at the
	commission facility in which the abuse is alleged to have occurred
	as well as a person who is employed at the commission's headquarters
	to whom a person may report an incident of sexual abuse.
	(d)  The commission shall prominently display the following
	notice in the office of the chief administrator of each commission
	facility, the employees' break room of each commission facility,
	the cafeteria of each commission facility, and at least six
	additional locations in each commission facility:
	THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
	REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
	A CHILD IN THE CUSTODY OF THE COMMISSION. ANY SUCH VIOLATION MUST
	BE REPORTED TO __________.
	SECTION 46.  Sections 61.071 and 61.072, Human Resources
	Code, are amended to read as follows:
	Sec. 61.071.  INITIAL EXAMINATION. (a)  The commission
	shall examine and make a study of each child committed to it as soon
	as possible after commitment.  The study shall be made according to
	rules established by the commission and shall include:
	(1)  long-term planning for the child; and
	(2)  consideration of the child's medical, substance
	abuse, and treatment history, including the child's psychiatric
	history and substance abuse history [a determination of whether the
	child will need long-term residential care].
	(b)  For a child for whom a minimum length of stay is
	established under Section 61.062 of one year or longer, the initial
	examination must include a comprehensive psychiatric evaluation.
	(c)  The commission shall administer comprehensive
	psychological assessments to a child as part of the child's initial
	examination, including assessments designed to identify whether a
	child is in need of a psychiatric evaluation.  If the results of a
	child's psychological assessments indicate that the child is in
	need of a psychiatric evaluation, the commission shall as soon as
	practicable conduct a psychiatric evaluation of the child.
	Sec. 61.072.  REEXAMINATION.  The commission shall
	periodically reexamine each child under its control, except those
	on release under supervision or in foster homes, for the purpose of
	determining whether a rehabilitation plan made by the commission
	concerning the child should be modified or continued.  The
	examination must include a study of all current circumstances of a
	child's personal and family situation and an evaluation of the
	progress made by the child since the child's last examination. The
	examination of a child may be made as frequently as the commission
	considers necessary [desirable], but shall be made at intervals not
	exceeding six months [one year].
	SECTION 47.  Subchapter E, Chapter 61, Human Resources Code,
	is amended by adding Section 61.0711 to read as follows:
	Sec. 61.0711.  HEALTH CARE DELIVERY SYSTEM.  (a)  In
	providing medical care, behavioral health care, or rehabilitation
	services, the commission shall integrate the provision of those
	services in an integrated comprehensive delivery system.
	(b)  The delivery system may be used to deliver any medical,
	behavioral health, or rehabilitation services provided to a child
	in the custody of the commission, including:
	(1)  health care;
	(2)  dental care;
	(3)  behavioral health care;
	(4)  substance abuse treatment;
	(5)  nutrition;
	(6)  programming;
	(7)  case management; and
	(8)  general rehabilitation services, including
	educational, spiritual, daily living, recreational, and security
	services.
	SECTION 48.  Section 61.0731, Human Resources Code, is
	amended by adding Subsection (c) to read as follows:
	(c)  The commission may disclose to a peace officer or law
	enforcement agency images of children recorded by an electronic
	recording device and incident reporting and investigation
	documents containing the names of children if the information is
	relevant to the investigation of a criminal offense alleged to have
	occurred in a facility operated by or under contract with the
	commission.
	SECTION 49.  Subchapter E, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.0763 and 61.0764 to read as
	follows:
	Sec. 61.0763.  RIGHTS OF PARENTS. (a)  The commission, in
	consultation with advocacy and support groups such as those
	described in Section 61.0386(a), shall develop a parent's bill of
	rights for distribution to the parent or guardian of a child who is
	under 18 years of age and committed to the commission. The parent's
	bill of rights must include:
	(1)  a description of the commission's grievance
	policies and procedures, including contact information for the
	office of inspector general and the office of the independent
	ombudsman established under Chapter 64;
	(2)  a list of possible incidents that require parental
	notification;
	(3)  policies concerning visits and telephone
	conversations with a child committed to the commission;
	(4)  a description of commission caseworker
	responsibilities;
	(5)  a statement that the commission caseworker
	assigned to a child may assist the child's parent or guardian in
	obtaining information and services from the commission and other
	resources concerning:
	(A)  counseling, including substance abuse and
	mental health counseling;
	(B)  assistance programs, including financial and
	travel assistance programs for visiting a child committed to the
	commission;
	(C)  workforce preparedness programs;
	(D)  parenting programs; and
	(E)  commission seminars; and
	(6)  information concerning the indeterminate
	sentencing structure at the commission, an explanation of reasons
	that a child's commitment at the commission could be extended, and
	an explanation of the review process under Sections 61.0815 and
	61.0816 for a child committed to the commission without a
	determinate sentence.
	(b)  Not later than 48 hours after the time a child is
	admitted to a commission facility, the commission shall mail to the
	child's parent or guardian at the last known address of the parent
	or guardian:
	(1)  the parent's bill of rights; and
	(2)  the contact information of the commission
	caseworker assigned to the child.
	(c)  The commission shall on a quarterly basis provide to the
	parent, guardian, or designated advocate of a child who is in the
	custody of the commission a report concerning the progress of the
	child at the commission, including:
	(1)  the academic and behavioral progress of the child;
	and
	(2)  the results of any reexamination of the child
	conducted under Section 61.072.
	(d)  The commission shall ensure that written information
	provided to a parent or guardian regarding the rights of a child in
	the custody of the commission or the rights of a child's parent or
	guardian, including the parent's bill of rights, is clear and easy
	to understand.
	Sec. 61.0764.  COMMISSION CASEWORKERS. (a)  The commission
	shall assign a caseworker to a child committed to the commission. A
	commission caseworker shall:
	(1)  explore family issues and needs with the parent or
	guardian of a child committed to the commission;
	(2)  as needed, provide the parent or guardian of a
	child committed to the commission with information concerning
	programs and services provided by the commission or another
	resource; and
	(3)  perform other duties required by the commission.
	(b)  A commission caseworker shall:
	(1)  at least once a month, attempt to contact the
	child's parent or guardian by phone, in person while the parent or
	guardian is visiting the facility, or, if necessary, by mail;
	(2)  if unsuccessful in contacting the child's parent
	or guardian under Subdivision (1), attempt at least one additional
	time each month to contact the child's parent or guardian; and
	(3)  document successful as well as unsuccessful
	attempts to contact the child's parent or guardian.
	(c)  To the extent practicable, a caseworker or another
	facility administrator shall attempt to communicate with a parent
	or guardian who does not speak English in the language of choice of
	the parent or guardian.
	SECTION 50.  Subsection (a), Section 61.079, Human Resources
	Code, is amended to read as follows:
	(a)  After a child sentenced to commitment under Section
	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
	of age but before the child becomes 19 [21] years of age, the
	commission may refer the child to the juvenile court that entered
	the order of commitment for approval of the child's transfer to the
	[institutional division of the] Texas Department of Criminal
	Justice for confinement if:
	(1)  the child has not completed the sentence; and
	(2)  the child's conduct, regardless of whether the
	child was released under supervision under Section 61.081,
	indicates that the welfare of the community requires the transfer.
	SECTION 51.  Subchapter E, Chapter 61, Human Resources Code,
	is amended by adding Section 61.0791 to read as follows:
	Sec. 61.0791.  EVALUATION OF CERTAIN CHILDREN SERVING
	DETERMINATE SENTENCES.  (a)  When a child who is sentenced to
	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
	Family Code, becomes 18 years of age, the commission shall evaluate
	whether the child is in need of additional services that can be
	completed in the six-month period after the child's 18th birthday
	to prepare the child for release from the custody of the commission
	or transfer to the Texas Department of Criminal Justice.
	(b)  This section does not apply to a child who is released
	from the custody of the commission or who is transferred to the
	Texas Department of Criminal Justice before the child's 18th
	birthday.
	SECTION 52.  Subchapter F, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.0814, 61.0815, and 61.0816 to read
	as follows:
	Sec. 61.0814.  REENTRY AND REINTEGRATION PLAN. (a)  The
	commission shall develop a reentry and reintegration plan for each
	child committed to the custody of the commission.  The plan for a
	child must be designed to ensure that the child receives an
	extensive continuity of care in services from the time the child is
	committed to the commission to the time of the child's final
	discharge from the commission. The plan for a child must include,
	as applicable:
	(1)  housing assistance;
	(2)  a step-down program, such as placement in a
	halfway house;
	(3)  family counseling;
	(4)  academic and vocational mentoring;
	(5)  trauma counseling for a child who is a victim of
	abuse while in the custody of the commission; and
	(6)  other specialized treatment services appropriate
	for the child.
	(b)  If a program or service in the child's reentry and
	reintegration plan is not available at the time the child is to be
	released, the commission shall find a suitable alternative program
	or service so that the child's release is not postponed.
	Sec. 61.0815.  COMPLETION OF MINIMUM LENGTH OF STAY.
	(a)  After a child who is committed to the commission without a
	determinate sentence completes the minimum length of stay
	established by the commission for the child under Section 61.062,
	the commission shall, in the manner provided by this section:
	(1)  discharge the child from the custody of the
	commission;
	(2)  release the child under supervision under Section
	61.081; or
	(3)  extend the length of the child's stay in the
	custody of the commission.
	(b)  The commission by rule shall establish a panel whose
	function is to review and determine whether a child who has
	completed the child's minimum length of stay should be discharged
	from the custody of the commission as provided by Subsection
	(a)(1), be released under supervision under Section 61.081 as
	provided by Subsection (a)(2), or remain in the custody of the
	commission for an additional period of time as provided by
	Subsection (a)(3).
	(c)  The executive commissioner shall determine the size of
	the panel and the length of the members' terms of service on the
	panel. The panel must consist of an odd number of members and the
	terms of the panel's members must last for at least two years. The
	executive commissioner shall adopt policies that ensure the
	transparency, consistency, and objectivity of the panel's
	composition, procedures, and decisions. The executive
	commissioner shall appoint persons to serve as members of the
	panel.  A person appointed to the panel must be a commission
	employee who works at the commission's central office.  A member of
	the panel may not be involved in any supervisory decisions
	concerning children in the custody of the commission.
	(d)  The panel may extend the length of the child's stay as
	provided by Subsection (a)(3) only if the panel determines by
	majority vote and on the basis of clear and convincing evidence that
	the child is in need of additional rehabilitation from the
	commission and that the commission will provide the most suitable
	environment for that rehabilitation. In extending the length of a
	child's stay, the panel must specify the additional period of time
	that the child is to remain in the custody of the commission and
	must conduct an additional review and determination as provided by
	this section on the child's completion of the additional term of
	stay. If the panel determines that the child's length of stay
	should not be extended, the commission must discharge the child
	from the custody of the commission as provided by Subsection (a)(1)
	or release the child under supervision under Section 61.081 as
	provided by Subsection (a)(2).
	(e)  The commission shall maintain statistics of the number
	of extensions granted by the panel. The statistics must include
	aggregated information concerning:
	(1)  the race, age, sex, specialized treatment needs,
	and county of origin for each child for whom an extension order is
	requested;
	(2)  the facility in which the child is confined; and
	(3)  if applicable, any allegations concerning the
	abuse, mistreatment, or neglect of the child, aggregated by the
	type of misconduct to which the child was subjected.
	(f)  To the extent authorized under law, the statistics
	maintained under Subsection (e) are public information under
	Chapter 552, Government Code, and the commission shall post the
	statistics on the commission's Internet website. The commission
	shall prepare and deliver to the standing committees of the senate
	and house of representatives with primary jurisdiction over matters
	concerning correctional facilities a report concerning the
	statistics maintained under Subsection (e).
	(g)  The commission shall provide a report to the parent,
	guardian, or designated advocate of a child whose length of stay is
	extended under this section explaining the panel's reason for the
	extension.
	Sec. 61.0816.  REQUEST FOR RECONSIDERATION OF EXTENSION
	ORDER.  (a)  The commission by rule shall establish a process to
	request the reconsideration of an extension order issued by the
	panel established under Section 61.0815.
	(b)  The process to request reconsideration must provide
	that:
	(1)  a child, a parent, guardian, or designated
	advocate of a child, an employee of the commission, or a person who
	provides volunteer services at a commission facility may submit a
	request for reconsideration of an extension order;
	(2)  the person submitting the request for
	reconsideration of an extension order must state in the request the
	reason for the request;
	(3)  after receiving a request for reconsideration of
	an extension order, the panel shall reconsider an extension order
	that:
	(A)  extends the child's stay in the custody of
	the commission by six months or more; or
	(B)  combined with previous extension orders will
	result in an extension of the child's stay in the custody of the
	commission by six months or more;
	(4)  the panel's reconsideration of an extension order
	includes consideration of the information submitted in the request;
	and
	(5)  the panel shall send a written reply to the child,
	the parent, guardian, or designated advocate of the child, and the
	person who made the request for reconsideration of an extension
	order that includes an explanation of the panel's decision after
	reconsidering the extension order, including an indication that the
	panel has considered the information submitted in the request.
	(c)  The commission shall create a form for a request for
	reconsideration of an extension order that is clear and easy to
	understand. The commission shall ensure that a child may request
	assistance in completing a request for reconsideration of an
	extension order.
	(d)  The commission shall maintain statistics of the number
	of requests for reconsideration of an extension order that are
	submitted and the action taken on reconsideration of the extension
	order. The statistics must include aggregated information
	concerning:
	(1)  the race, age, sex, specialized treatment needs,
	and county of origin for each child for whom a request for
	reconsideration of an extension order is submitted;
	(2)  whether a request for reconsideration of an
	extension order results in:
	(A)  a discharge or release under supervision; or
	(B)  the original extension order being upheld;
	(3)  the facility in which the child is confined; and
	(4)  if applicable, any allegations concerning the
	abuse, mistreatment, or neglect of the child, aggregated by the
	type of misconduct to which the child was subjected.
	(e)  To the extent authorized under law, the statistics
	maintained under Subsection (d) are public information under
	Chapter 552, Government Code, and the commission shall post the
	statistics on the commission's Internet website. The commission
	shall prepare and deliver to the standing committees of the senate
	and house of representatives with primary jurisdiction over matters
	concerning correctional facilities a report concerning the
	statistics maintained under Subsection (d).
	SECTION 53.  Subsections (e) and (g), Section 61.084, Human
	Resources Code, are amended to read as follows:
	(e)  Except as provided by Subsection [(f) or] (g), the
	commission shall discharge from its custody a person not already
	discharged on the person's 19th [21st] birthday.
	(g)  The commission shall transfer a person who has been
	sentenced under a determinate sentence to commitment under Section
	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
	returned to the commission under Section 54.11(i)(1), Family Code,
	to the custody of the [pardons and paroles division of the] Texas
	Department of Criminal Justice on the person's 19th [21st]
	birthday, if the person has not already been discharged or
	transferred, to serve the remainder of the person's sentence on
	parole as provided by Section 508.156, Government Code.
	SECTION 54.  Section 61.0841, Human Resources Code, is
	amended by amending Subsection (a) and adding Subsection (c) to
	read as follows:
	(a)  Not later than the 90th day before the date the
	commission transfers a person to the custody of [the pardons and
	paroles division of] the Texas Department of Criminal Justice for
	release on parole under Section 61.081(f) or 61.084(g) [61.084(f)
	or (g)], the commission shall submit to the department all
	pertinent information relating to the person, including:
	(1)  the juvenile court judgment;
	(2)  the circumstances of the person's offense;
	(3)  the person's previous social history and juvenile
	court records;
	(4)  the person's physical and mental health record;
	(5)  a record of the person's conduct, employment
	history, and attitude while committed to the commission;
	(6)  a record of the sentence time served by the person
	at the commission and in a juvenile detention facility in
	connection with the conduct for which the person was adjudicated;
	and
	(7)  any written comments or information provided by
	the commission, local officials, family members of the person, [or]
	victims of the offense, or the general public.
	(c)  The Texas Department of Criminal Justice shall grant
	credit for sentence time served by a person at the commission and in
	a juvenile detention facility, as recorded by the commission under
	Subsection (a)(6), in computing the person's eligibility for parole
	and discharge from the department.
	SECTION 55.  Subsection (a), Section 61.093, Human Resources
	Code, is amended to read as follows:
	(a)  If a child who has been committed to the commission and
	placed by it in any institution or facility has escaped or has been
	released under supervision and broken the conditions of release:
	(1)  a sheriff, deputy sheriff, constable, or police
	officer may, without a warrant, arrest the child; or
	(2)  a [parole officer or other] commission employee
	designated by the executive commissioner [director] may, without a
	warrant or other order, take the child into the custody of the
	commission.
	SECTION 56.  Subchapter G, Chapter 61, Human Resources Code,
	is amended by adding Sections 61.098 and 61.099 to read as follows:
	Sec. 61.098.  CERTAIN CRIMES CONCERNING THE COMMISSION.
	(a)  In this section, "special prosecution unit" means the special
	prosecution unit established under Subchapter E, Chapter 41,
	Government Code.
	(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 the offense or
	delinquent conduct.
	(c)  The office of inspector general shall on a quarterly
	basis prepare and deliver to the board of directors of the special
	prosecution unit a report concerning:
	(1)  any alleged criminal offense or delinquent conduct
	concerning the commission and described by Article 104.003(a), Code
	of Criminal Procedure, that occurred during the preceding calendar
	quarter; and
	(2)  the disposition of any case involving a criminal
	offense or delinquent conduct concerning the commission and
	described by Article 104.003(a), Code of Criminal Procedure, that
	occurred during the preceding calendar quarter.
	(d)  Notwithstanding Subsection (c), the office of inspector
	general shall immediately provide the special prosecution unit with
	a report concerning an alleged criminal offense or delinquent
	conduct concerning the commission and described by Article
	104.003(a), Code of Criminal Procedure, if the chief inspector
	general reasonably believes the offense or conduct is particularly
	serious and egregious.
	(e)  The chief inspector general of the office of inspector
	general, at the direction of the board of directors of the special
	prosecution unit, shall notify the foreman of the appropriate grand
	jury, in the manner provided by Article 20.09, Code of Criminal
	Procedure, if:
	(1)  the chief inspector general receives credible
	evidence of illegal or improper conduct by commission officers,
	employees, or contractors that the inspector general reasonably
	believes jeopardizes the health, safety, and welfare of children in
	the custody of the commission;
	(2)  the chief inspector general reasonably believes
	the conduct:
	(A)  could constitute an offense under Article
	104.003(a), Code of Criminal Procedure; and
	(B)  involves the alleged physical or sexual abuse
	of a child in the custody of a commission facility or an
	investigation related to the alleged abuse; and
	(3)  the chief inspector general has reason to believe
	that information concerning the conduct has not previously been
	presented to the appropriate grand jury.
	Sec. 61.099.  DUTY TO FILE COMPLAINT WITH LAW ENFORCEMENT
	AGENCY. If the executive commissioner has reasonable cause to
	believe that a child in the custody of the commission is the victim
	of a crime committed at a commission facility, the executive
	commissioner shall immediately file a complaint with the
	appropriate law enforcement agency.
	SECTION 57.  Subtitle A, Title 3, Human Resources Code, is
	amended by adding Chapter 64 to read as follows:
	CHAPTER 64.  OFFICE OF INDEPENDENT OMBUDSMAN OF THE TEXAS YOUTH
	COMMISSION
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 64.001.  DEFINITIONS. In this chapter:
	(1)  "Commission" means the Texas Youth Commission.
	(2)  "Independent ombudsman" means the individual who
	has been appointed under this chapter to the office of independent
	ombudsman.
	(3)  "Office" means the office of independent ombudsman
	created under this chapter.
	Sec. 64.002.  ESTABLISHMENT; PURPOSE. The office of
	independent ombudsman is a state agency established for the purpose
	of investigating, evaluating, and securing the rights of the
	children committed to the commission, including a child released
	under supervision before final discharge.
	Sec. 64.003.  INDEPENDENCE. (a)  The independent ombudsman
	in the performance of its duties and powers under this chapter acts
	independently of the commission.
	(b)  Funding for the independent ombudsman is appropriated
	separately from funding for the commission.
	[Sections 64.004-64.050 reserved for expansion]
	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
	Sec. 64.051.  APPOINTMENT OF INDEPENDENT OMBUDSMAN.
	(a)  The governor shall appoint the independent ombudsman with the
	advice and consent of the senate for a term of two years, expiring
	February 1 of odd-numbered years.
	(b)  A person appointed as independent ombudsman is eligible
	for reappointment but may not serve more than three terms in that
	capacity.
	(c)  Notwithstanding Subsection (a), as soon as practicable
	after the effective date of this section, the executive
	commissioner of the commission shall appoint the independent
	ombudsman for a term of office expiring February 1, 2009.  As
	provided by Subsection (a), the governor shall appoint the
	independent ombudsman with the advice and consent of the senate for
	each of the independent ombudsman's subsequent terms of office.
	This subsection expires March 1, 2009.
	Sec. 64.052.  ASSISTANTS. The independent ombudsman may
	hire assistants to perform, under the direction of the independent
	ombudsman, the same duties and exercise the same powers as the
	independent ombudsman.
	Sec. 64.053.  CONFLICT OF INTEREST. (a)  A person may not
	serve as independent ombudsman or as an assistant to the
	independent ombudsman if the person or the person's spouse:
	(1)  is employed by or participates in the management
	of a business entity or other organization receiving funds from the
	commission;
	(2)  owns or controls, directly or indirectly, any
	interest in a business entity or other organization receiving funds
	from the commission; or
	(3)  uses or receives any amount of tangible goods,
	services, or funds from the commission.
	(b)  A person may not serve as independent ombudsman or as an
	assistant to the independent ombudsman if the person or the
	person's spouse 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.
	(c)  A person may not serve as independent ombudsman or as an
	assistant to the independent ombudsman if the person or the
	person's spouse is an officer, employee, manager, or paid
	consultant of a Texas trade association in the field of criminal or
	juvenile justice.
	(d)  For the purposes of this section, a Texas trade
	association is a nonprofit, cooperative, and voluntarily joined
	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. 64.054.  SUNSET PROVISION. 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 state agencies abolished in 2009 and
	every 12th year after 2009 are reviewed.
	Sec. 64.055.  REPORT. (a)  The independent ombudsman shall
	submit on a quarterly basis to the governor, the lieutenant
	governor, the state auditor, and each member of the legislature a
	report that is both aggregated and disaggregated by individual
	facility and describes:
	(1)  the work of the independent ombudsman;
	(2)  the results of any review or investigation
	undertaken by the independent ombudsman, including reviews or
	investigation of services contracted by the commission; and
	(3)  any recommendations that the independent
	ombudsman has in relation to the duties of the independent
	ombudsman.
	(b)  The independent ombudsman shall immediately report to
	the governor, the lieutenant governor, the speaker of the house of
	representatives, the state auditor, and the office of the inspector
	general of the commission any particularly serious or flagrant:
	(1)  case of abuse or injury of a child committed to the
	commission;
	(2)  problem concerning the administration of a
	commission program or operation;
	(3)  problem concerning the delivery of services in a
	facility operated by or under contract with the commission; or
	(4)  interference by the commission with an
	investigation conducted by the office.
	Sec. 64.056.  COMMUNICATION AND CONFIDENTIALITY. (a)  The
	commission shall allow any child committed to the commission to
	communicate with the independent ombudsman or an assistant to the
	ombudsman. The communication:
	(1)  may be in person, by mail, or by any other means;
	and
	(2)  is confidential and privileged.
	(b)  The records of the independent ombudsman are
	confidential, except that the independent ombudsman shall:
	(1)  share with the office of inspector general of the
	commission a communication with a child that may involve the abuse
	or neglect of the child; and
	(2)  disclose its nonprivileged records if required by
	a court order on a showing of good cause.
	(c)  The independent ombudsman may make reports relating to
	an investigation public after the investigation is complete but
	only if the names of all children, parents, and employees are
	redacted from the report and remain confidential.
	(d)  The name, address, or other personally identifiable
	information of a person who files a complaint with the office of
	independent ombudsman, information generated by the office of
	independent ombudsman in the course of an investigation, and
	confidential records obtained by the office of independent
	ombudsman are confidential and not subject to disclosure under
	Chapter 552, Government Code, except that the information and
	records, other than confidential information and records
	concerning a pending law enforcement investigation or criminal
	action, may be disclosed to the appropriate person if the office
	determines that disclosure is:
	(1)  in the general public interest;
	(2)  necessary to enable the office to perform the
	responsibilities provided under this section; or
	(3)  necessary to identify, prevent, or treat the abuse
	or neglect of a child.
	Sec. 64.057.  PROMOTION OF AWARENESS OF OFFICE. The
	independent ombudsman shall promote awareness among the public and
	the children committed to the commission of:
	(1)  how the office may be contacted;
	(2)  the purpose of the office; and
	(3)  the services the office provides.
	Sec. 64.058.  RULEMAKING AUTHORITY. The office by rule
	shall establish policies and procedures for the operations of the
	office of independent ombudsman.
	Sec. 64.059.  AUTHORITY OF STATE AUDITOR.  The office is
	subject to audit by the state auditor in accordance with Chapter
	321, Government Code.
	[Sections 64.060-64.100 reserved for expansion]
	SUBCHAPTER C. DUTIES AND POWERS
	Sec. 64.101.  DUTIES AND POWERS. (a)  The independent
	ombudsman shall:
	(1)  review the procedures established by the
	commission and evaluate the delivery of services to children to
	ensure that the rights of children are fully observed;
	(2)  review complaints filed with the independent
	ombudsman concerning the actions of the commission and investigate
	each complaint in which it appears that a child may be in need of
	assistance from the independent ombudsman;
	(3)  conduct investigations of complaints, other than
	complaints alleging criminal behavior, if the office determines
	that:
	(A)  a child committed to the commission or the
	child's family may be in need of assistance from the office; or
	(B)  a systemic issue in the commission's
	provision of services is raised by a complaint;
	(4)  review or inspect periodically the facilities and
	procedures of any institution or residence in which a child has been
	placed by the commission, whether public or private, to ensure that
	the rights of children are fully observed;
	(5)  provide assistance to a child or family who the
	independent ombudsman determines is in need of assistance,
	including advocating with an agency, provider, or other person in
	the best interests of the child;
	(6)  review court orders as necessary to fulfill its
	duties;
	(7)  recommend changes in any procedure relating to the
	treatment of children committed to the commission;
	(8)  make appropriate referrals under any of the duties
	and powers listed in this subsection; and
	(9)  supervise assistants who are serving as advocates
	in their representation of children committed to the commission in
	internal administrative and disciplinary hearings.
	(b)  The independent ombudsman may apprise persons who are
	interested in a child's welfare of the rights of the child.
	(c)  To assess if a child's rights have been violated, the
	independent ombudsman may, in any matter that does not involve
	alleged criminal behavior, contact or consult with an
	administrator, employee, child, parent, expert, or any other
	individual in the course of its investigation or to secure
	information.
	(d)  Notwithstanding any other provision of this chapter,
	the independent ombudsman may not investigate alleged criminal
	behavior.
	Sec. 64.102.  TREATMENT OF COMMISSION EMPLOYEES WHO
	COOPERATE WITH INDEPENDENT OMBUDSMAN.  The commission may not
	discharge or in any manner discriminate or retaliate against an
	employee who in good faith makes a complaint to the office of
	independent ombudsman or cooperates with the office in an
	investigation.
	Sec. 64.103.  TRAINING. The independent ombudsman shall
	attend annual sessions, including the training curriculum for
	juvenile correctional officers required under Section 61.0356, and
	may participate in other appropriate professional training.
	[Sections 64.104-64.150 reserved for expansion]
	SUBCHAPTER D. ACCESS TO INFORMATION
	Sec. 64.151.  ACCESS TO INFORMATION OF GOVERNMENTAL
	ENTITIES. (a)  The commission shall allow the independent
	ombudsman access to its records relating to the children committed
	to the commission.
	(b)  The Department of Public Safety shall allow the
	independent ombudsman access to the juvenile justice information
	system established under Subchapter B, Chapter 58, Family Code.
	(c)  A local law enforcement agency shall allow the
	independent ombudsman access to its records relating to any child
	in the care or custody of the commission.
	Sec. 64.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.
	The independent ombudsman shall have access to the records of a
	private entity that relate to a child committed to the commission.
	SECTION 58.  Subsection (a), Section 141.022, Human
	Resources Code, is amended to read as follows:
	(a)  The advisory council on juvenile services consists of:
	(1)  two juvenile court judges, appointed by the
	commission;
	(2)  three juvenile probation officers, appointed by
	the commission;
	(3)  two citizens who are knowledgeable of juvenile
	services, appointed by the commission;
	(4)  the executive commissioner [director] of the Texas
	Youth Commission or the commissioner's [director's] designee;
	(5)  the commissioner of education or the
	commissioner's designee; and
	(6)  the commissioner of human services or the
	commissioner's designee.
	SECTION 59.  Subsection (b), Section 141.047, Human
	Resources Code, is amended to read as follows:
	(b)  The director, the executive commissioner [director] of
	the Texas Youth Commission, and the commissioners of education,
	mental health and mental retardation, and human services shall meet
	in Austin at least quarterly to:
	(1)  discuss mutual problems;
	(2)  resolve conflicts in providing services to
	juveniles; and
	(3)  make recommendations to the governor and
	legislature.
	SECTION 60.  Subsection (c), Section 141.0471, Human
	Resources Code, is amended to read as follows:
	(c)  The governing board of the Texas Juvenile Probation
	Commission and the executive commissioner of the Texas Youth
	Commission [each agency] shall 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 61.  Subsection (c), Section 110.302, Occupations
	Code, is amended to read as follows:
	(c)  The Texas Board of Criminal Justice [or the governing
	board of the Texas Youth Commission] may vote to exempt employees of
	the Texas Department of Criminal Justice [or the Texas Youth
	Commission, as appropriate,] from a specific licensing requirement
	imposed under this section if the board determines that the
	requirement causes financial or operational hardship on the agency.
	The Texas Youth Commission may not exempt any employee of the
	commission from a licensing requirement imposed by this section for
	any reason.
	SECTION 62.  Subsections (a) and (b), Section 39.04, Penal
	Code, are amended to read as follows:
	(a)  An official of a correctional facility, an employee of a
	correctional facility, a person other than an employee who works
	for compensation at a correctional facility, a volunteer at a
	correctional facility, or a peace officer commits an offense if the
	person intentionally:
	(1)  denies or impedes a person in custody in the
	exercise or enjoyment of any right, privilege, or immunity knowing
	his conduct is unlawful; or
	(2)  engages in sexual contact, sexual intercourse, or
	deviate sexual intercourse with an individual in custody or, in the
	case of an individual in the custody of the Texas Youth Commission,
	employs, authorizes, or induces the individual to engage in sexual
	conduct or a sexual performance.
	(b)  An offense under Subsection (a)(1) is a Class A
	misdemeanor. An offense under Subsection (a)(2) is a state jail
	felony, except that an offense under Subsection (a)(2) is a felony
	of the second degree if the individual is in the custody of the
	Texas Youth Commission.
	SECTION 63.  Subsection (e), Section 39.04, Penal Code, is
	amended by adding Subdivisions (4) and (5) to read as follows:
	(4)  "Sexual conduct" and "performance" have the
	meanings assigned by Section 43.25.
	(5)  "Sexual performance" means any performance or part
	thereof that includes sexual conduct by an individual.
	SECTION 64.  The following laws are repealed:
	(1)  Subsections (s) and (t), Section 54.04, Family
	Code;
	(2)  Subsection (k), Section 54.05, Family Code; and
	(3)  Subdivision (3), Section 61.001, Sections
	61.0122, 61.014, 61.015, 61.0151, and 61.017, and Subsection (f),
	Section 61.084, and Subsection (d), Section 141.042, Human
	Resources Code.
	SECTION 65.  A person committed to the Texas Youth
	Commission on the basis of conduct constituting the commission of
	an offense of the grade of misdemeanor under Subdivision (2),
	Subsection (d), Section 54.04, Family Code, as it existed before
	the effective date of this Act, must be discharged from the custody
	of the Texas Youth Commission not later than the person's 19th
	birthday.
	SECTION 66.  (a)  Not later than November 1, 2007, the Texas
	Juvenile Probation Commission shall issue guidelines for the
	creation of community-based programs required by Section 54.0401,
	Family Code, as added by this Act.
	(b)  Not later than January 1, 2008, the juvenile board of a
	county to which Section 54.0401, Family Code, as added by this Act,
	applies shall implement a community-based program that complies
	with the guidelines established by the Texas Juvenile Probation
	Commission.
	SECTION 67.  The change in law made by Section 54.052, Family
	Code, as added by this Act, and Subsection (c), Section 61.0841,
	Human Resources Code, as added by this Act, applies only to conduct
	for which a child is adjudicated on or after the effective date of
	this Act. A child who is adjudicated before the effective date of
	this Act is governed by the law in effect when the child was
	adjudicated, and the former law is continued in effect for that
	purpose.
	SECTION 68.  The change in law made by this Act to Section
	39.04, Penal Code, applies only to an offense committed on or after
	September 1, 2007. An offense committed before September 1, 2007,
	is governed 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 September
	1, 2007, if any element of the offense occurred before that date.
	SECTION 69.  The Texas Youth Commission shall develop and
	adopt a mission statement, as required by Section 61.0345, Human
	Resources Code, as added by this Act, on or before October 1, 2007.
	SECTION 70.  (a)  Subsection (b), Section 61.0356, Human
	Resources Code, as added by this Act, applies only to a juvenile
	correctional officer hired by the Texas Youth Commission on or
	after the effective date of this Act.  As soon as practicable but
	not later than six months after the effective date of this Act, the
	Texas Youth Commission shall complete providing the training to
	juvenile correctional officers hired before the effective date of
	this Act that is necessary to conform to the requirements of
	Subsection (b), Section 61.0356, Human Resources Code, as added by
	this Act.
	(b)  As soon as practicable after the effective date of this
	Act, the Texas Youth Commission shall ensure that:
	(1)  each correctional facility operated by the
	commission that has a dormitory, including an open-bay dormitory,
	has a ratio of not less than one juvenile correctional officer
	performing direct supervisory duties for every 12 children
	committed to the facility, as required by Subsection (d), Section
	61.0356, Human Resources Code, as added by this Act; and
	(2)  children younger than 15 years of age are assigned
	to separate correctional facility dorms from persons who are at
	least 17 years of age as required by Section 61.061, Human Resources
	Code, as added by this Act.
	SECTION 71.  As soon as practicable after the effective date
	of this Act, the governor shall appoint the executive commissioner
	of the Texas Youth Commission, as required by Section 61.012, Human
	Resources Code, as amended by this Act, with a term of office
	expiring February 1, 2009.
	SECTION 72.  As soon as practicable after the effective date
	of this Act:
	(1)  the governor shall appoint three members of the
	advisory board of the Texas Youth Commission, as required by
	Section 61.013, Human Resources Code, as amended by this Act;
	(2)  the speaker of the house of representatives shall
	appoint three members of the advisory board of the Texas Youth
	Commission, as required by Section 61.013, Human Resources Code, as
	amended by this Act; and
	(3)  the lieutenant governor shall appoint three
	members of the advisory board of the Texas Youth Commission, as
	required by Section 61.013, Human Resources Code, as amended by
	this Act.
	SECTION 73.  A rule adopted by the Texas Youth Commission
	before the effective date of this Act is a rule of the executive
	commissioner of the Texas Youth Commission until superseded,
	modified, or repealed by the executive commissioner.
	SECTION 74.  The Health and Human Services Commission, the
	Texas Youth Commission, and the Texas Juvenile Probation Commission
	shall jointly establish a timetable for the submission of agency
	reports required by Section 531.016, Government Code, as added by
	this Act, as soon as practicable after the effective date of this
	Act.
	SECTION 75.  Before October 1, 2007, the Texas Youth
	Commission shall certify to the Employees Retirement System of
	Texas, in the manner prescribed by the retirement system, the name
	of each person employed by the office of inspector general at the
	Texas Youth Commission as a law enforcement officer, as defined by
	Section 811.001, Government Code, as amended by this Act, and any
	other information the system determines is necessary for the
	crediting of service and financing of benefits under Subtitle B,
	Title 8, Government Code.
	SECTION 76.  As soon as practicable after the effective date
	of this Act, the Texas Youth Commission shall, in the manner
	prescribed by Section 61.0357, Human Resources Code, as added by
	this Act, begin obtaining national criminal history record
	information for each person who is described by Subsection (b),
	Section 61.0357, Human Resources Code, as added by this Act.
	SECTION 77.  (a)  Not later than September 30, 2007, the
	board of directors of the special prosecution unit established by
	Subchapter E, Chapter 41, Government Code, as added by this Act,
	shall elect the initial members of the executive board of the board
	of directors as required by Section 41.304, Government Code, as
	added by this Act. In electing those members, the board of
	directors shall specify:
	(1)  which members serve terms expiring in
	even-numbered years and which serve terms expiring in odd-numbered
	years; and
	(2)  the beginning and end dates of the terms served by
	the members of the executive board.
	(b)  Not later than September 30, 2007, the board of
	directors of the special prosecution unit established by Subchapter
	E, Chapter 41, Government Code, as added by this Act, shall elect
	the presiding officer and the assistant presiding officer of the
	board of directors and the executive board of the board of directors
	as required by Section 41.305, Government Code, as added by this
	Act. In electing those officers, the board of directors shall
	specify the beginning and end dates of the terms served by the
	officers.
	(c)  As soon as possible after the effective date of this
	Act, the executive board of the board of directors of the special
	prosecution unit established by Subchapter E, Chapter 41,
	Government Code, as added by this Act, shall elect the counsellor as
	required by Section 41.309, Government Code, as added by this Act.
	SECTION 78.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 103 passed the Senate on
	April 19, 2007, by the following vote:  Yeas 30, Nays 0;
	May 10, 2007, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 14, 2007, House
	granted request of the Senate; May 24, 2007, Senate adopted
	Conference Committee Report by the following vote:  Yeas 30,
	Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 103 passed the House, with
	amendments, on May 8, 2007, by the following vote:  Yeas 141,
	Nays 0, three present not voting; May 14, 2007, House granted
	request of the Senate for appointment of Conference Committee;
	May 25, 2007, House adopted Conference Committee Report by the
	following vote:  Yeas 137, Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor