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