S.B. No. 166
 
 
 
 
AN ACT
  relating to the sex offender civil commitment program and to the
  creation of a state agency to perform the functions relating to the
  sex offender civil commitment program that are currently performed
  by the Council on Sex Offender Treatment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1389 to read as follows:
         Sec. 411.1389.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT. (a)  The
  Office of Violent Sex Offender Management is entitled to obtain
  from the department criminal history record information that is
  maintained by the department and that relates to a person who has
  applied with the office to be:
               (1)  an employee of the office; or
               (2)  a contracted service provider with the office.
         (b)  Criminal history record information obtained by the
  Office of Violent Sex Offender Management under Subsection (a) may
  not be released or disclosed to any person or agency except on court
  order or with the consent of the person who is the subject of the
  information.
         (c)  The Office of Violent Sex Offender Management shall
  destroy criminal history record information obtained under
  Subsection (a) as soon as practicable after the date on which, as
  applicable:
               (1)  the person's employment or contract with the
  office terminates; or
               (2)  the office decides not to employ or contract with
  the person.
         SECTION 2.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 420A to read as follows:
  CHAPTER 420A. OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT
         Sec. 420A.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the governing board of the Office of
  Violent Sex Offender Management.
               (2)  "Office" means the Office of Violent Sex Offender
  Management.
         Sec. 420A.002.  OFFICE; GOVERNING BOARD.  (a)  The Office of
  Violent Sex Offender Management is a state agency.
         (b)  The office is governed by a board composed of the
  following three members appointed by the governor:
               (1)  one member experienced in the management of sex
  offenders;
               (2)  one member experienced in the investigation or
  prosecution of sex offenses; and
               (3)  one member experienced in counseling or advocating
  on behalf of victims of sexual assault.
         (c)  Members of the board serve staggered two-year terms.
  Two members' terms expire February 1 of each even-numbered year and
  one member's term expires February 1 of each odd-numbered year.
         (d)  A member of the board is entitled to travel expenses
  incurred in performing official duties and to a per diem equal to
  the maximum amount allowed on January 1 of that year for federal
  employees per diem for federal income tax purposes, subject to the
  same limitations provided for members of state boards and
  commissions in the General Appropriations Act.
         Sec. 420A.003.  PRESIDING OFFICER; MEETINGS.  (a)  The
  governor shall designate a member of the board as presiding
  officer. The presiding officer serves at the discretion of the
  governor.
         (b)  The board shall meet at least quarterly and at other
  times at the call of the presiding officer.
         Sec. 420A.004.  SUNSET PROVISION.  The Office of Violent Sex
  Offender Management is subject to Chapter 325 (Texas Sunset Act).
  Unless continued in existence as provided by that chapter, the
  office is abolished and this chapter expires September 1, 2023.
         Sec. 420A.005.  GRANTS AND DONATIONS. On behalf of the
  state, the office may apply for and accept grants and donations from
  any source to be used by the office in the performance of the duties
  of the office.
         Sec. 420A.006.  PUBLIC INTEREST INFORMATION. The office
  shall prepare information of public interest describing the
  functions of the office and the procedures by which complaints are
  filed with and resolved by the office. The office shall make the
  information available to the public and appropriate state agencies.
         Sec. 420A.007.  BIENNIAL REPORT. Not later than December 1
  of each even-numbered year, the office shall submit to the
  governor, the lieutenant governor, and the speaker of the house of
  representatives a report concerning the operation of the office.
  The office may include in the report any recommendations that the
  office considers appropriate.
         Sec. 420A.008.  STAFF.  The office may select and employ a
  general counsel, staff attorneys, and other staff necessary to
  perform the office's functions.
         Sec. 420A.009.  SALARY CAREER LADDER FOR CASE MANAGERS.
  (a)  The board shall adopt a salary career ladder for case
  managers.  The salary career ladder must base a case manager's
  salary on the manager's classification and years of service with
  the office.
         (b)  For purposes of the salary schedule, the office shall
  classify all case manager positions as Case Manager I, Case Manager
  II, Case Manager III, Case Manager IV, or Case Manager V.
         (c)  Under the salary career ladder adopted under Subsection
  (a), a case manager to whom the schedule applies and who received an
  overall evaluation of at least satisfactory in the case manager's
  most recent annual evaluation is entitled to an annual salary
  increase, during each of the case manager's first 10 years of
  service in a designated case manager classification as described by
  Subsection (b), equal to one-tenth of the difference between:
               (1)  the case manager's current annual salary; and
               (2)  the minimum annual salary of a case manager in the
  next highest classification.
         Sec. 420A.010.  POWERS AND DUTIES. The office shall perform
  appropriate functions related to the sex offender civil commitment
  program provided under Chapter 841, Health and Safety Code,
  including functions related to the provision of treatment and
  supervision to civilly committed sex offenders.
         Sec. 420A.011.  ADMINISTRATIVE ATTACHMENT; SUPPORT.  
  (a)  The office is administratively attached to the Department of
  State Health Services.
         (b)  The Department of State Health Services shall provide
  administrative support services, including human resources,
  budgetary, accounting, purchasing, payroll, information
  technology, and legal support services, to the office as necessary
  to carry out the purposes of this chapter.
         (c)  The office, in accordance with the rules and procedures
  of the Legislative Budget Board, shall prepare, approve, and submit
  a legislative appropriations request that is separate from the
  legislative appropriations request for the Department of State
  Health Services and is used to develop the office's budget
  structure.  The office shall maintain the office's legislative
  appropriations request and budget structure separately from those
  of the department.
         SECTION 3.  Subdivisions (3) and (4), Section 841.002,
  Health and Safety Code, are amended to read as follows:
               (3)  "Case manager" means a person employed by or under
  contract with the office [council] to perform duties related to
  outpatient treatment and supervision of a person committed under
  this chapter.
               (4)  "Office" ["Council"] means the Office of Violent
  Sex Offender Management [Council on Sex Offender Treatment].
         SECTION 4.  Section 841.007, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.007.  DUTIES OF OFFICE OF VIOLENT SEX OFFENDER
  MANAGEMENT [COUNCIL ON SEX OFFENDER TREATMENT]. The Office of
  Violent Sex Offender Management [Council on Sex Offender Treatment]
  is responsible for providing appropriate and necessary treatment
  and supervision through the case management system.
         SECTION 5.  Subsections (b) and (c), Section 841.021, Health
  and Safety Code, are amended to read as follows:
         (b)  Before the person's anticipated discharge date, the
  [Texas] Department of State Health Services [Mental Health and
  Mental Retardation] shall give to the multidisciplinary team
  established under Section 841.022 written notice of the anticipated
  discharge of a person who:
               (1)  is committed to the department after having been
  adjudged not guilty by reason of insanity of:
                     (A)  a sexually violent offense described by
  Section 841.002(8)(A), (B), or (C); or
                     (B)  what is, or as described by this chapter what
  the department reasonably believes may be determined to be, a
  sexually violent offense described by Section 841.002(8)(D); and
               (2)  may be a repeat sexually violent offender.
         (c)  The Texas Department of Criminal Justice or the [Texas]
  Department of State Health Services [Mental Health and Mental
  Retardation], as appropriate, shall give the notice described by
  Subsection (a) or (b) not later than the first day of the 16th month
  before the person's anticipated release or discharge date, but
  under exigent circumstances may give the notice at any time before
  the anticipated release or discharge date. The notice must contain
  the following information:
               (1)  the person's name, identifying factors,
  anticipated residence after release or discharge, and criminal
  history;
               (2)  documentation of the person's institutional
  adjustment and actual treatment; and
               (3)  an assessment of the likelihood that the person
  will commit a sexually violent offense after release or discharge.
         SECTION 6.  Subsection (a), Section 841.022, Health and
  Safety Code, is amended to read as follows:
         (a)  The executive director of the Texas Department of
  Criminal Justice and the commissioner of the [Texas] Department of
  State Health Services [Mental Health and Mental Retardation]
  jointly shall establish a multidisciplinary team to review
  available records of a person referred to the team under Section
  841.021. The team must include:
               (1)  one person [two persons] from the [Texas]
  Department of State Health Services [Mental Health and Mental
  Retardation];
               (2)  two persons from the Texas Department of Criminal
  Justice, one of whom must be from the victim services office of that
  department;
               (3)  one person from the [Texas] Department of Public
  Safety; [and]
               (4)  two persons from the office [council] or office
  [council] personnel; and
               (5)  one person from the Council on Sex Offender
  Treatment.
         SECTION 7.  Section 841.023, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.023.  ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
  (a)  Not later than the 60th day after the date of a recommendation
  under Section 841.022(c), the Texas Department of Criminal Justice
  or the [Texas] Department of State Health Services [Mental Health
  and Mental Retardation], as appropriate, shall assess whether the
  person suffers from a behavioral abnormality that makes the person
  likely to engage in a predatory act of sexual violence. To aid in
  the assessment, the department required to make the assessment
  shall use an expert to examine the person. That department may
  contract for the expert services required by this subsection. The
  expert shall make a clinical assessment based on testing for
  psychopathy, a clinical interview, and other appropriate
  assessments and techniques to aid the department in its assessment.
         (b)  If as a result of the assessment the Texas Department of
  Criminal Justice or the [Texas] Department of State Health Services
  [Mental Health and Mental Retardation] believes that the person
  suffers from a behavioral abnormality, the department making the
  assessment shall give notice of that assessment and provide
  corresponding documentation to the attorney representing the state
  not later than the 60th day after the date of a recommendation under
  Section 841.022(c).
         SECTION 8.  Subsections (a) and (c), Section 841.082, Health
  and Safety Code, are amended to read as follows:
         (a)  Before entering an order directing a person's
  outpatient civil commitment, the judge shall impose on the person
  requirements necessary to ensure the person's compliance with
  treatment and supervision and to protect the community. The
  requirements shall include:
               (1)  requiring the person to reside in a Texas
  residential facility under contract with the office [council] or at
  another location or facility approved by the office [council];
               (2)  prohibiting the person's contact with a victim or
  potential victim of the person;
               (3)  prohibiting the person's possession or use of
  alcohol, inhalants, or a controlled substance;
               (4)  requiring the person's participation in and
  compliance with a specific course of treatment provided by the
  office and compliance with all written requirements imposed by the
  case manager or otherwise by the office;
               (5)  requiring the person to:
                     (A)  submit to tracking under a particular type of
  tracking service and to any other appropriate supervision; and
                     (B)  refrain from tampering with, altering,
  modifying, obstructing, or manipulating the tracking equipment;
               (6)  prohibiting the person from changing the person's
  residence without prior authorization from the judge and from
  leaving the state without that prior authorization;
               (7)  if determined appropriate by the judge,
  establishing a child safety zone in the same manner as a child
  safety zone is established by a judge under Section 13B, Article
  42.12, Code of Criminal Procedure, and requiring the person to
  comply with requirements related to the safety zone; and
               (8)  [requiring the person to notify the case manager
  immediately but in any event within 24 hours of any change in the
  person's status that affects proper treatment and supervision,
  including a change in the person's physical health or job status and
  including any incarceration of the person; and
               [(9)]  any other requirements determined necessary by
  the judge.
         (c)  The judge shall provide a copy of the requirements
  imposed under Subsection (a) to the person and to the office
  [council]. The office [council] shall provide a copy of those
  requirements to the case manager and to the service providers.
         SECTION 9.  Section 841.083, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.083.  TREATMENT; SUPERVISION. (a)  The office
  [council] shall approve and contract for the provision of a
  treatment plan for the committed person to be developed by the
  treatment provider. A treatment plan may include the monitoring of
  the person with a polygraph or plethysmograph. The treatment
  provider may receive annual compensation in an amount not to exceed
  $10,000 [$6,000] for providing the required treatment.
         (b)  The case manager shall provide supervision to the
  person. The provision of supervision must [shall] include a
  tracking service and, if required by court order, supervised
  housing.
         (c)  The office [council] shall enter into appropriate
  memoranda of understanding with the [Texas] Department of Public
  Safety for the provision of a tracking service and with the
  Department of Public Safety and local law enforcement authorities 
  for assistance in the preparation of criminal complaints, warrants,
  and related documents and in the apprehension and arrest of a
  person.
         [(c-1)     Notwithstanding Subsection (c) or any other
  provision of this subchapter, the council shall provide through the
  case management system any supervision or tracking service required
  under this chapter for persons residing in Dallas, Harris, or
  Tarrant County. The council shall provide the tracking service
  under this subsection through two employees of the Department of
  State Health Services. Any tracking personnel used by the
  department for purposes of this chapter must be approved by the
  council.
         [(c-2)     If the equipment necessary to implement the tracking
  service is available through a contract entered into by the
  comptroller, the Department of Public Safety or the council, as
  appropriate, shall acquire that equipment through that contract.]
         (d)  The office [council] shall enter into appropriate
  memoranda of understanding for any necessary supervised housing.
  The office [council] shall reimburse the applicable provider for
  housing costs under this section. [The committed person may not be
  housed for any period of time in a mental health facility, state
  school, or community center, unless the placement results from a
  commitment of the person to that facility, school, or center by
  governmental action. In this subsection:
               [(1)     "Community center" means a center established
  under Subchapter A, Chapter 534.
               [(2)     "Mental health facility" has the meaning assigned
  by Section 571.003.
               [(3)     "State school" has the meaning assigned by
  Section 531.002.]
         (e)  The case manager shall:
               (1)  coordinate the outpatient treatment and
  supervision required by this chapter, including performing a
  periodic assessment of the success of that treatment and
  supervision;
               (2)  make timely recommendations to the judge on
  whether to allow the committed person to change residence or to
  leave the state and on any other appropriate matters; and
               (3)  provide a report to the office [council],
  semiannually or more frequently as necessary, which must include:
                     (A)  any known change in the person's status that
  affects proper treatment and supervision; and
                     (B)  any recommendations made to the judge.
         SECTION 10.  Section 841.084, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.084.  COST OF TRACKING SERVICE.  Notwithstanding
  Section 841.146(c), a civilly committed person who is not indigent
  is responsible for the cost of the tracking service required by
  Section 841.082 and monthly shall pay to the office [council] the
  amount that the office [council] determines will be necessary to
  defray the cost of operating the service with respect to the person
  during the subsequent month.  The office [council] immediately
  shall transfer the money to the appropriate service provider.
         SECTION 11.  Section 841.101, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.101.  BIENNIAL EXAMINATION. (a)  A person
  committed under Section 841.081 shall receive a biennial
  examination. The office [council] shall contract for an expert to
  perform the examination.
         (b)  In preparation for a judicial review conducted under
  Section 841.102, the case manager shall provide a report of the
  biennial examination to the judge. The report must include
  consideration of whether to modify a requirement imposed on the
  person under this chapter and whether to release the person from all
  requirements imposed on the person under this chapter. The case
  manager shall provide a copy of the report to the office [council].
         SECTION 12.  Section 841.141, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.141.  RULEMAKING AUTHORITY. (a)  The office
  [council] by rule shall administer this chapter. Rules adopted by
  the office [council] under this section must be consistent with the
  purposes of this chapter.
         (b)  The office [council] by rule shall develop standards of
  care and case management for persons committed under this chapter.
         SECTION 13.  Subsections (c) and (d), Section 841.142,
  Health and Safety Code, are amended to read as follows:
         (c)  On the written request of any attorney for another state
  or for a political subdivision in another state, the Texas
  Department of Criminal Justice, the office [council], a service
  provider contracting with one of those agencies, the
  multidisciplinary team, and the attorney representing the state
  shall release to the attorney any available information relating to
  a person that is sought in connection with an attempt to civilly
  commit the person as a sexually violent predator in another state.
         (d)  To protect the public and to enable an assessment or
  determination relating to whether a person is a sexually violent
  predator or to enable the provision of supervision and treatment to
  a person who is a sexually violent predator, the Texas Department of
  Criminal Justice, the office [council], a service provider
  contracting with one of those agencies, the multidisciplinary team,
  and the attorney representing the state may exchange any available
  information relating to the person.
         SECTION 14.  Section 841.147, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.147.  IMMUNITY. The following persons are immune
  from liability for good faith conduct under this chapter:
               (1)  an employee or officer of the Texas Department of
  Criminal Justice, the Department of State Health Services, the
  Department of Aging and Disability Services, or the office 
  [council];
               (2)  a member of the multidisciplinary team established
  under Section 841.022;
               (3)  an employee of the civil division of the special
  prosecution unit charged with initiating and pursuing civil
  commitment proceedings under this chapter; and
               (4)  a person providing, or contracting, appointed, or
  volunteering to perform, a tracking service or another service
  under this chapter.
         SECTION 15.  Subsection (a), Section 841.150, Health and
  Safety Code, is amended to read as follows:
         (a)  The duties imposed by this chapter are suspended for the
  duration of any confinement of a person, or if applicable any other 
  commitment of a person to a community center, mental health
  facility, or state school, by governmental action.
         SECTION 16.  Subchapter H, Chapter 841, Health and Safety
  Code, is amended by adding Section 841.151 to read as follows:
         Sec. 841.151.  NOTICE OF RELEASE OF SEXUALLY VIOLENT
  PREDATOR. (a)  In this section:
               (1)  "Correctional facility" has the meaning assigned
  by Section 1.07, Penal Code.
               (2)  "Secure correctional facility" and "secure
  detention facility" have the meanings assigned by Section 51.02,
  Family Code.
         (b)  This section applies to a person who has been civilly
  committed under this chapter and who is detained or confined in a
  correctional facility, secure correctional facility, or secure
  detention facility as a result of violating:
               (1)  a civil commitment requirement imposed under
  Section 841.082; or
               (2)  a law of this state.
         (c)  Not later than the day preceding the date a correctional
  facility, secure correctional facility, or secure detention
  facility releases a person who, at the time of the person's
  detention or confinement, was civilly committed under this chapter
  as a sexually violent predator, the facility shall notify the
  person's case manager in writing of the anticipated date and time of
  the person's release.
         (d)  A case manager, on request, shall provide a correctional
  facility, a secure correctional facility, or a secure detention
  facility with the case manager's appropriate contact information
  for notification under Subsection (c).
         SECTION 17.  The following are transferred to the Office of
  Violent Sex Offender Management:
               (1)  the functions of the Council on Sex Offender
  Treatment that relate to the sex offender civil commitment program;
               (2)  the director of the Department of State Health
  Services who has jurisdiction over the sex offender civil
  commitment program; and
               (3)  the staff of the council whose primary duties
  include the operation of the sex offender civil commitment program.
         SECTION 18.  As soon as possible after the effective date of
  this Act, the governor shall appoint three members to the governing
  board of the Office of Violent Sex Offender Management.
         SECTION 19.  (a)  The Office of Violent Sex Offender
  Management, the Department of State Health Services, and the
  Council on Sex Offender Treatment shall coordinate the transfer of
  functions relating to the sex offender civil commitment program as
  required by this Act.
         (b)  The transfer of all functions relating to the sex
  offender civil commitment program to the Office of Violent Sex
  Offender Management shall be accomplished as soon as possible but
  not later than the 90th day after the date the last member of the
  governing board of the Office of Violent Sex Offender Management
  qualifies for office.
         (c)  The transfer required by this Act includes the transfer
  of all assets, duties, powers, obligations, and liabilities,
  including contracts, leases, real or personal property, funds,
  employees, furniture, computers and other equipment, and files and
  related materials used by the Department of State Health Services
  and the Council on Sex Offender Treatment in performing the
  functions relating to the sex offender civil commitment program
  that are transferred by this Act.  For purposes of this subsection,
  "employees" includes the executive director of the Council on Sex
  Offender Treatment and administrative technicians and program
  specialists employed by the council.
         (d)  A form, rule, or procedure adopted by the Health and
  Human Services Commission or the Department of State Health
  Services in relation to the Council on Sex Offender Treatment that
  is in effect on the effective date of this Act remains in effect on
  and after that date as if adopted by the Office of Violent Sex
  Offender Management until amended, repealed, withdrawn, or
  otherwise superseded by that office.
         (e)  All unexpended appropriations for functions relating to
  the sex offender civil commitment program that are made for use by
  the Department of State Health Services or the Council on Sex
  Offender Treatment are transferred to the Office of Violent Sex
  Offender Management.
         (f)  The Office of Violent Sex Offender Management shall
  publish in the Texas Register the date on which the transfer of
  functions under this Act is accomplished.
         SECTION 20.  After the effective date of this Act, the
  Council on Sex Offender Treatment shall continue to perform
  applicable functions until the transfer of functions required by
  this Act is completed, and the laws providing for those functions
  are continued in effect for that purpose.
         SECTION 21.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 166 passed the Senate on
  March 29, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 23, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 166 passed the House, with
  amendment, on May 19, 2011, by the following vote: Yeas 146,
  Nays 2, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor