S.B. No. 653
 
 
 
 
AN ACT
  relating to abolishing the Texas Youth Commission and the Texas
  Juvenile Probation Commission and transferring the powers and
  duties of those agencies to the newly created Texas Juvenile
  Justice Department and to the functions of the independent
  ombudsman that serves the department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  TEXAS JUVENILE JUSTICE DEPARTMENT; TEXAS YOUTH
  COMMISSION AND TEXAS JUVENILE PROBATION COMMISSION
         SECTION 1.001.  The Human Resources Code is amended by
  adding Title 12, and a heading is added to read as follows:
  TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES
         SECTION 1.002.  Title 12, Human Resources Code, as added by
  this Act, is amended by adding Subtitle A to read as follows:
  SUBTITLE A. TEXAS JUVENILE JUSTICE BOARD AND TEXAS JUVENILE
  JUSTICE DEPARTMENT
  CHAPTER 201. GENERAL PROVISIONS
         Sec. 201.001.  DEFINITIONS. (a)  In this title:
               (1)  "Board" means the Texas Juvenile Justice Board.
               (2)  "Child" means an individual:
                     (A)  10 years of age or older and younger than 18
  years of age who is under the jurisdiction of a juvenile court; or
                     (B)  10 years of age or older and younger than 19
  years of age who is committed to the department under Title 3,
  Family Code.
               (3)  "Court" means a juvenile court.
               (4)  "Department" means the Texas Juvenile Justice
  Department.
               (5)  "Executive director" means the executive director
  of the department.
               (6)  "Juvenile board" means a body established by law
  to provide juvenile probation services to a county.
               (7)  "State aid" means funds allocated by the
  department to a juvenile board to financially assist the juvenile
  board in achieving the purposes of this title and in conforming to
  the department's standards and policies.
         (a-1)  A reference to the department:
               (1)  in Subtitle B means the Texas Juvenile Probation
  Commission;
               (2)  in Subtitle C means the Texas Youth Commission;
  and
               (3)  in any law other than Subtitle B or C means the
  Texas Juvenile Probation Commission or the Texas Youth Commission,
  as applicable in context.
         (a-2)  This subsection and Subsection (a-1) expire December
  1, 2011.
         (b)  Effective December 1, 2011, a reference in other law to:
               (1)  the Texas Juvenile Probation Commission means the
  department; or
               (2)  the Texas Youth Commission means the department.
         Sec. 201.002.  PURPOSES AND INTERPRETATION. This title
  shall be construed to have the following public purposes:
               (1)  creating a unified state juvenile justice agency
  that works in partnership with local county governments, the
  courts, and communities to promote public safety by providing a
  full continuum of effective supports and services to youth from
  initial contact through termination of supervision; and
               (2)  creating a juvenile justice system that produces
  positive outcomes for youth, families, and communities by:
                     (A)  assuring accountability, quality,
  consistency, and transparency through effective monitoring and the
  use of systemwide performance measures;
                     (B)  promoting the use of program and service
  designs and interventions proven to be most effective in
  rehabilitating youth;
                     (C)  prioritizing the use of community-based or
  family-based programs and services for youth over the placement or
  commitment of youth to a secure facility;
                     (D)  operating the state facilities to
  effectively house and rehabilitate the youthful offenders that
  cannot be safely served in another setting; and
                     (E)  protecting and enhancing the cooperative
  agreements between state and local county governments.
         Sec. 201.003.  GOALS. The goals of the department and all
  programs, facilities, and services that are operated, regulated, or
  funded by the department are to:
               (1)  support the development of a consistent
  county-based continuum of effective interventions, supports, and
  services for youth and families that reduce the need for
  out-of-home placement;
               (2)  increase reliance on alternatives to placement and
  commitment to secure state facilities, consistent with adequately
  addressing a youthful offender's treatment needs and protection of
  the public;
               (3)  locate the facilities as geographically close as
  possible to necessary workforce and other services while supporting
  the youths' connection to their families;
               (4)  encourage regional cooperation that enhances
  county collaboration;
               (5)  enhance the continuity of care throughout the
  juvenile justice system; and
               (6)  use secure facilities of a size that supports
  effective youth rehabilitation and public safety.
         Sec. 201.004.  INTERAGENCY AND INTERGOVERNMENTAL
  COOPERATION. (a)  To improve services to youth, the department may
  cooperate and contract with:
               (1)  the federal government;
               (2)  governmental agencies in this state and other
  states;
               (3)  political subdivisions of the state; and
               (4)  private agencies and foundations.
         (b)  The executive director, the commissioner of education,
  the commissioner of family and protective services, the
  commissioner of state health services, the executive commissioner
  of health and human services, and the chair of the workforce
  commission, or their designees, shall meet at least annually to:
               (1)  discuss mutual issues relating to at-risk youth
  and youthful offenders, and community support systems for families
  and youth;
               (2)  resolve conflicts in providing services to youth;
  and
               (3)  make recommendations to the governor and
  legislature.
  CHAPTER 201A. TEMPORARY PROVISIONS
  SUBCHAPTER A.  TRANSITION TEAM
         Sec. 201A.001.  COMPOSITION OF TRANSITION TEAM; PRESIDING
  OFFICER. (a)  The juvenile justice services and facilities
  transition team is composed of the following seven members:
               (1)  a representative of the Texas Juvenile Probation
  Commission, appointed by the board of the Texas Juvenile Probation
  Commission;
               (2)  a representative of the Texas Youth Commission,
  appointed by the board of the Texas Youth Commission;
               (3)  a representative of the governor;
               (4)  a representative of the lieutenant governor,
  chosen from a list submitted to the governor by the lieutenant
  governor;
               (5)  a representative of the speaker of the house of
  representatives, chosen from a list submitted to the governor by
  the speaker;
               (6)  one member who represents the interests of:
                     (A)  youthful offenders or the families of
  youthful offenders;
                     (B)  an organization that advocates on behalf of
  youthful offenders or the families of youthful offenders; or
                     (C)  an organization that advocates on behalf of
  the victims of delinquent or criminal conduct; and
               (7)  one member with experience in organizational
  mergers.
         (b)  The governor shall appoint the members of the transition
  team listed in Subsections (a)(3)-(7).
         (c)  The members of the transition team shall be appointed as
  provided by Subsections (a) and (b) as soon as possible after
  September 1, 2011, and not later than October 1, 2011.
         (d)  The transition team member who is appointed under
  Subsection (a)(3) serves as the presiding officer of the transition
  team.
         (e)  The transition team members appointed under Subsections
  (a)(1) and (2) remain on the transition team after November 30,
  2011, regardless of the abolition of the agencies named in those
  subdivisions.
         (f)  A member of the transition team is not a state officer
  for the purposes of Subchapter B, Chapter 572, Government Code,
  solely because of the member's service on the transition team.
         Sec. 201A.002.  POWERS AND DUTIES. (a)  After September 1,
  2011, and before December 1, 2011, the transition team shall
  coordinate and oversee the transition of services and facilities
  from the Texas Juvenile Probation Commission and the Texas Youth
  Commission to the Texas Juvenile Justice Department.
         (b)  After November 30, 2011, and before March 1, 2012, the
  transition team shall:
               (1)  assist the Texas Juvenile Justice Department and
  advise the Texas Juvenile Justice Board in implementing the
  transition of services and facilities from the Texas Juvenile
  Probation Commission and the Texas Youth Commission to the Texas
  Juvenile Justice Department; and
               (2)  prepare and submit to the Texas Juvenile Justice
  Department a transition plan that:
                     (A)  shall include short-term, medium-term, and
  long-term transition goals for the department; and
                     (B)  may include benchmarks and timelines for
  completion of certain transition-related tasks, as appropriate.
         Sec. 201A.003.  ASSISTANCE. The following state agencies
  shall, on request, assist the transition team with the following
  matters:
               (1)  the Legislative Budget Board and the budget,
  planning, and policy division of the governor's office, with
  preparation of a suggested budget for the department;
               (2)  the Department of Information Resources, with the
  technological needs of the department;
               (3)  the office of the attorney general, with legal
  matters concerning the transition of services and facilities from
  the Texas Juvenile Probation Commission and the Texas Youth
  Commission to the Texas Juvenile Justice Department;
               (4)  the comptroller of public accounts, with suggested
  accounting practices for the department; and
               (5)  the Texas Facilities Commission, with assistance
  in efficiently using the office space in which the administrative
  offices of the Texas Juvenile Probation Commission and the Texas
  Youth Commission are located and, if necessary, locating additional
  office space for the administrative offices of the department.
  [Sections 201A.004-201A.050 reserved for expansion]
  SUBCHAPTER B.  EXPIRATION
         Sec. 201A.051.  EXPIRATION. This chapter expires March 31,
  2012.
  CHAPTER 202. ADMINISTRATIVE PROVISIONS
         Sec. 202.001.  COMPOSITION OF BOARD; PRESIDING OFFICER.
  (a)  The board is composed of the following 13 members appointed by
  the governor with the advice and consent of the senate:
               (1)  one member who is a district court judge of a court
  designated as a juvenile court;
               (2)  three members who are members of a county
  commissioners court;
               (3)  one prosecutor in juvenile court;
               (4)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes fewer than 7,500 persons younger than 18 years of age;
               (5)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes at least 7,500 but fewer than 80,000 persons younger than
  18 years of age;
               (6)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes 80,000 or more persons younger than 18 years of age;
               (7)  one adolescent mental health treatment
  professional licensed under Subtitle B or I, Title 3, Occupations
  Code;
               (8)  one educator, as that term is defined by Section
  5.001, Education Code; and
               (9)  three members of the general public.
         (b)  Members serve staggered six-year terms, with the terms
  of four or five members expiring on February 1 of each odd-numbered
  year.
         (c)  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.
         (d)  The governor shall make appointments to the board
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointees.
         (e)  A member appointed under Subsections (a)(1)-(6) may not
  hold office in the same county or judicial district as another
  member appointed under those subsections.
         Sec. 202.002.  RESTRICTIONS ON BOARD MEMBERSHIP AND
  DEPARTMENT EMPLOYMENT.  (a)  A person may not be a public member of
  the board if the person or the person's spouse:
               (1)  is employed 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 department;
               (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 department;
  or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the department, 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
  department 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.
         (c)  A person may not be a board member or act as the general
  counsel to the board or the department 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 department.
         (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. 202.003.  PROVISIONS APPLICABLE TO JUDICIAL MEMBERS.
  (a)  A judge's place on the board becomes vacant when the judge
  ceases to hold a judicial office.
         (b)  A judge's service on the board is an additional duty of
  office.
         (c)  At the time of appointment to the board, a judge must be
  a judge of:
               (1)  a court designated as a juvenile court; or
               (2)  a court that is one of several courts that rotate
  being the juvenile court.
         Sec. 202.004.  REMOVAL OF BOARD MEMBERS. (a)  It is a ground
  for removal from the board if a member:
               (1)  does not have at the time of taking office the
  qualifications required by Sections 202.001 and 202.003;
               (2)  does not maintain during service on the board the
  qualifications required by Sections 202.001 and 202.003;
               (3)  is ineligible for membership under Section
  202.002;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the 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 unless the absence is excused by majority
  vote of the board.
         (b)  The validity of an action of the board is not affected by
  the fact that the action 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. 202.005.  BOARD MEMBER RECUSAL. (a)  A chief juvenile
  probation officer who is a board member shall avoid the appearance
  of a conflict of interest by not voting or participating in any
  decision by the board that solely benefits or penalizes or
  otherwise solely impacts the juvenile probation department over
  which the chief juvenile probation officer has authority.  The
  chief juvenile probation officer may not vote or render any
  decisions regarding matters of abuse and neglect presented to the
  board regarding the chief juvenile probation officer's department.
         (b)  The board may adopt recusal requirements in addition to
  those described by Subsection (a), including requirements that are
  more restrictive than those described by Subsection (a).
         Sec. 202.006.  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 department;
               (2)  the programs, functions, rules, and budget of the
  department;
               (3)  the results of the most recent formal audit of the
  department;
               (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
  department 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. 202.007.  REIMBURSEMENT. A board member is not
  entitled to compensation for service on the board but is entitled to
  reimbursement for actual and necessary expenses incurred in
  performing official duties as a board member.
         Sec. 202.008.  MEETINGS; PUBLIC PARTICIPATION.  (a)  The
  board shall hold regular quarterly meetings on dates set by the
  board and special meetings at the call of the presiding officer.
         (b)  The board shall adopt rules regulating the board's
  proceedings.
         (c)  The board shall keep a public record of the board's
  decisions at the board's general office.
         (d)  The board shall develop and implement policies that
  provide the public with a reasonable opportunity to appear before
  the board and to speak on any issue under the jurisdiction of the
  department.
         Sec. 202.009.  AUDIT; AUTHORITY OF STATE AUDITOR.  (a)  The
  department is subject to audit by the state auditor in accordance
  with Chapter 321, Government Code.
         (b)  The state auditor, on request of the office of inspector
  general, may provide information or other assistance to the office
  of inspector general that the state auditor determines is
  appropriate.  The office of inspector general may coordinate with
  the state auditor to review or schedule a plan for an investigation
  under Subchapter C, Chapter 242, or share other information.
         (c)  The state auditor may access all information maintained
  by the office of inspector general, such as vouchers, electronic
  data, and internal records, including information that is otherwise
  confidential under law.  Information obtained by the state auditor
  under this subsection is confidential and is not subject to
  disclosure under Chapter 552, Government Code.
         (d)  Any provision of this title relating to the operations
  of the office of inspector general does not:
               (1)  supersede the authority of the state auditor to
  conduct an audit under Chapter 321, Government Code; or
               (2)  prohibit the state auditor from:
                     (A)  conducting an audit, investigation, or other
  review; or
                     (B)  having full and complete access to all
  records and other information concerning the department, including
  any witness statement or electronic data, that the state auditor
  considers necessary for the audit, investigation, or review.
         Sec. 202.010.  SUNSET PROVISION.  The Texas Juvenile Justice
  Board and the Texas Juvenile Justice Department are subject to
  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
  in existence as provided by that chapter, the board and the
  department are abolished September 1, 2017.
  CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT
         Sec. 203.001.  CONTROL OVER DEPARTMENT; DEPARTMENT MISSION.  
  (a)  The board is the governing body of the department and is
  responsible for the operations of the department.
         (b)  The board shall develop and implement policies that
  clearly separate the policymaking responsibilities of the board and
  the management responsibilities of the executive director and the
  staff of the department.
         (c)  The board shall establish the mission of the department
  with the goal of establishing a cost-effective continuum of youth
  services that emphasizes keeping youth in their home communities
  while balancing the interests of rehabilitative needs with public
  safety.  The board shall establish funding priorities for services
  that support this mission and that do not provide incentives to
  incarcerate youth.
         Sec. 203.002.  EXECUTIVE DIRECTOR. The board shall:
               (1)  employ an executive director to administer the
  department; and
               (2)  supervise the director's administration of the
  department.
         Sec. 203.003.  ACCESSIBILITY TO PROGRAMS AND FACILITIES.  
  (a)  The department shall comply with federal and state laws
  related to program and facility accessibility.
         (b)  The board shall prepare and maintain a written plan that
  describes how a person who does not speak English can be provided
  reasonable access to the department's programs and services.
         Sec. 203.004.  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 department 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 department's
  jurisdiction.
         (b)  The department'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 department shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         Sec. 203.005.  GIFTS AND GRANTS.  (a)  The department may
  apply for and accept gifts and grants from any public or private
  source.
         (b)  The department shall deposit money received under this
  section in the state treasury. The department may use the money for
  the purpose of funding any activity under this title.
         Sec. 203.006.  MEDICAID BENEFITS.  The department shall:
               (1)  identify areas in which federal Medicaid program
  benefits could be used in a manner that is cost-effective for
  juveniles in the juvenile justice system;
               (2)  develop a program to encourage application for and
  receipt of Medicaid benefits;
               (3)  provide technical assistance to counties relating
  to eligibility for Medicaid benefits; and
               (4)  monitor the extent to which counties make use of
  Medicaid benefits.
         Sec. 203.0065.  PREVENTION AND INTERVENTION SERVICES.
  (a)  In this section, "prevention and intervention services" means
  programs and services intended to prevent or intervene in at-risk
  behaviors that lead to delinquency, truancy, dropping out of
  school, or referral to the juvenile justice system.
         (b)  The department shall provide prevention and
  intervention services for:
               (1)  at-risk youth who are six years of age or older and
  younger than 18 years of age and who are:
                     (A)  subject to compulsory school attendance
  under the Education Code; or
                     (B)  under the jurisdiction of the juvenile court;
  and
               (2)  the family of an at-risk youth described by
  Subdivision (1).
         (c)  The prevention and intervention services provided under
  Subsection (b) must:
               (1)  consolidate prevention and intervention services
  within the department to avoid fragmentation and duplication of
  programs and services; and
               (2)  increase accountability for the delivery and
  administration of the programs and services.
         (d)  The department shall, to the extent funds are available:
               (1)  plan, develop, and administer a comprehensive and
  unified statewide delivery system of the prevention and
  intervention services to at-risk youth and their families;
               (2)  improve the efficiency and responsiveness of
  prevention and intervention services by facilitating greater
  coordination and flexibility in the use of funds by state and local
  service providers;
               (3)  ensure program effectiveness by funding
  evidence-based or research-based programs;
               (4)  provide accountability for the provision of
  services in order to demonstrate the impact or public benefit of a
  program by adopting outcomes measures;
               (5)  assist local communities in the coordination and
  development of prevention and intervention services in order to
  maximize access to federal, state, and local resources; and
               (6)  provide funding for prevention and intervention
  services through a competitive process to entities, including
  private service providers, local juvenile boards, municipal and
  justice courts, schools, and non-profit organizations.
         (e)  The department may seek, through a competitive process,
  an independent services provider with demonstrated experience in
  administration of similar statewide projects in Texas to
  effectively and efficiently provide prevention and intervention
  services and implement the duties under Subsection (d).
         (f)  The department shall periodically evaluate the
  continued effectiveness of prevention and intervention services
  provided under this section.
         Sec. 203.007.  STUDIES; STATISTICAL RECORDS.  (a)  The
  department may conduct or participate in studies relating to
  corrections methods and systems and to treatment and therapy
  programs at the governor's request or on the department's own
  initiative.
         (b)  The department shall continuously study the problem of
  juvenile delinquency in this state and the effectiveness of
  services provided or regulated by the department under Subtitle B
  or C and shall report the department's findings to the governor and
  the legislature before each regular legislative session.
         (c)  The department shall keep records relating to juveniles
  within the juvenile justice system that participate in research
  programs or studies.
         (d)  The records must show, for each calendar quarter and for
  each calendar year:
               (1)  the number of juveniles participating in research
  programs or studies for the appropriate reporting period;
               (2)  the type of research program or study in which each
  juvenile is participating;
               (3)  the name of the principal investigator conducting
  the research program or study; and
               (4)  the entity sponsoring the research program or
  study.
         (e)  The department shall submit a report that contains the
  information in the records kept under Subsection (d) on or before
  the 15th day after the last day of the appropriate reporting period
  to the:
               (1)  governor;
               (2)  lieutenant governor;
               (3)  speaker of the house of representatives; and
               (4)  members of the senate and house of
  representatives.
         (f)  A report submitted under this section is public
  information under Chapter 552, Government Code.
         Sec. 203.008.  AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH,
  RECEIVE EVIDENCE, AND GATHER INFORMATION. (a)  In this section,
  "evidence" means any record, book, paper, document, data, or other
  evidence maintained by electronic or other means.
         (b)  The department may issue a subpoena requiring the
  attendance of a witness or the production of evidence that the
  department considers necessary for the investigation of:
               (1)  abuse, neglect, or exploitation allegations;
               (2)  complaints;
               (3)  financial and programmatic audits of juvenile
  probation programs, services, and facilities, including juvenile
  justice alternative education programs; or
               (4)  any other matter under the authority of the
  department, including a determination of treatment under Section
  244.005.
         (c)  The department may issue a subpoena under Subsection (b)
  only if the subpoena is signed by:
               (1)  the presiding officer of the board or, if the
  presiding officer is unavailable, the presiding officer's
  designee; and
               (2)  at least two other members of the board, including
  a board member who is a judge.
         (d)  A hearings examiner appointed by the department may
  issue a subpoena requiring the attendance of a witness or the
  production of any record, book, paper, or document the hearings
  examiner considers necessary for a determination of treatment under
  Section 244.005.  The hearings examiner may sign a subpoena.
         (e)  Any peace officer, department investigator, other
  department official, or person authorized under Article 24.01, Code
  of Criminal Procedure, may serve the subpoena in the same manner
  that similar process in a court of record having original
  jurisdiction of criminal actions is served.
         (f)  A subpoena under this section shall be served and
  witness fees and mileage paid as in civil cases in the district
  court in the county to which the witness is called, unless the
  proceeding for which the service or payment is made is under Chapter
  2001, Government Code, in which case the service or payment shall be
  made as provided in that chapter.  Witnesses subpoenaed at the
  instance of the department shall be paid their fees and mileage by
  the department out of funds appropriated for that purpose.
         (g)  On application of the department, a court of record
  having original jurisdiction of criminal actions may compel the
  attendance of a witness, the production of material, or the giving
  of testimony before the department, by an attachment for contempt
  or in the same manner as the court may otherwise compel the
  production of evidence.
         (h)  The presiding officer or a member of the board may
  administer an oath to a witness in attendance before the department
  or before an authorized representative of the department.
         (i)  If a witness in attendance before the department or
  before an authorized representative refuses without reasonable
  cause to be examined or answer a legal or pertinent question, or to
  produce evidence when ordered by the department, the department may
  apply to the district court for a rule or order returnable in not
  less than two or in more than five days, directing the witness to
  show cause before the judge why the witness should not be punished
  for contempt.  The department may apply to the district court of any
  county where the witness is in attendance, on proof by affidavit of
  the fact, unless the order of contempt is sought under Chapter 2001,
  Government Code, in which case the department shall apply to a
  district court of Travis County, as provided by that chapter.  On
  return of the order, the judge hearing the matter shall examine the
  witness under oath and the witness shall be given an opportunity to
  be heard.  If the judge determines that the witness has refused,
  without reasonable cause or legal excuse, to be examined or answer a
  legal or pertinent question, or to produce evidence that the
  witness was ordered to bring or produce, the judge may immediately
  find the witness in contempt of court.
         (j)  The department shall be granted access at any reasonable
  time to any evidence that is related to any matter the department or
  executive director considers necessary to administer the
  department's functions, powers, and duties.
         Sec. 203.0081.  ADVISORY COUNCIL ON JUVENILE SERVICES.
  (a)  The advisory council on juvenile services consists of:
               (1)  the executive director of the department or the
  executive director's designee;
               (2)  the director of probation services of the
  department or the director's designee;
               (3)  the executive commissioner of the Health and Human
  Services Commission or the commissioner's designee;
               (4)  one representative of the county commissioners
  courts appointed by the board;
               (5)  two juvenile court judges appointed by the board;
  and
               (6)  seven chief juvenile probation officers appointed
  by the board as provided by Subsection (b).
         (b)  The board shall appoint to the advisory council one
  chief juvenile probation officer from each regional chiefs
  association in this state from a list of nominees submitted to the
  board by each regional chiefs association. To the greatest extent
  practicable, a regional chiefs association shall include in its
  list of nominees:
               (1)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes fewer than 7,500 persons younger than 18 years of age;
               (2)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes at least 7,500 but fewer than 80,000 persons younger than
  18 years of age; and
               (3)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes 80,000 or more persons younger than 18 years of age.
         (c)  Advisory council members, other than ex officio
  members, serve staggered two-year terms, with the terms of one-half
  of the members, as nearly as practicable, expiring on February 1 of
  each year.
         (d)  The advisory council shall report to the board any
  determinations made under Subsection (e).
         (e)  The advisory council shall assist the department in:
               (1)  determining the needs and problems of county
  juvenile boards and probation departments;
               (2)  conducting long-range strategic planning;
               (3)  reviewing and proposing revisions to existing or
  newly proposed standards affecting juvenile probation programs,
  services, or facilities;
               (4)  analyzing the potential cost impact on juvenile
  probation departments of new standards proposed by the board; and
               (5)  advising the board on any other matter on the
  request of the board.
         (f)  The advisory council is not subject to Chapter 2110,
  Government Code.
         Sec. 203.0082.  FEES. If the General Appropriations Act
  does not specify the amount of the fee, the board by rule may
  establish fees that:
               (1)  are reasonable and necessary;
               (2)  produce revenue sufficient for the administration
  of this chapter; and
               (3)  do not produce unnecessary revenue.
         Sec. 203.009.  PUBLIC INTEREST INFORMATION.  The department
  shall prepare information of public interest describing the
  functions of the department and describing the procedures by which
  complaints are filed with and resolved by the department. The
  department shall make the information available to the public and
  appropriate state agencies.
         Sec. 203.010.  COMPLAINTS. (a)  The department shall
  maintain a system to promptly and efficiently act on complaints
  received by the department by or on behalf of a juvenile relating to
  the programs, services, or facilities of the department or a local
  juvenile probation department.
         (b)  The department shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  Criminal complaints initially referred to the office of
  the inspector general relating to juvenile probation programs,
  services, or facilities shall be sent to the appropriate local law
  enforcement agency.  Any other complaint shall be referred to the
  appropriate division of the department.  The board by rule shall
  establish policies for the referral of noncriminal complaints.
         (d)  The department shall provide immediate notice to a local
  juvenile probation department of a complaint received by the
  department relating to the programs, services, or facilities of the
  local juvenile probation department.
         (e)  The department shall periodically notify the complaint
  parties of the status of the complaint until final disposition,
  unless the notice would jeopardize an undercover investigation.  If
  the complaint relates to a claim of abuse, neglect, or exploitation
  involving a local juvenile probation department, the department
  shall provide monthly updates on the status of the complaint and
  immediate updates regarding department decisions to the local
  juvenile probation department.
         (f)  The department shall keep information about each
  written complaint filed with the department.  The information must
  include:
               (1)  the subject matter of the complaint;
               (2)  the parties to the complaint;
               (3)  a summary of the results of the review or
  investigation of the complaint;
               (4)  the period of time between the date the complaint
  is received and the date the complaint is closed; and
               (5)  the disposition of the complaint.
         Sec. 203.0105.  DATA.  Any data compiled by a local juvenile
  probation department related to abuse, neglect, or exploitation of
  youth, or to complaints regarding juvenile probation programs, that
  is required by this chapter or by any rule to be reported to the
  department or local juvenile probation board shall be provided to
  the office of the independent ombudsman.
         Sec. 203.011.  APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.
  A juvenile probation department that is aggrieved by a decision of
  the executive director, including a decision relating to standards
  affecting juvenile probation programs, services, or facilities,
  may appeal the executive director's decision to the board.  The
  decision of the board is final and cannot be appealed.
         Sec. 203.012.  ANNUAL FINANCIAL REPORT.  The department
  shall prepare annually a complete and detailed written report
  accounting for all funds received and disbursed by the department
  during the preceding fiscal year. The annual report must meet the
  reporting requirements applicable to financial reporting provided
  in the General Appropriations Act.
         Sec. 203.013.  INTERNAL AUDIT; REPORT.  (a)  The department
  shall regularly conduct internal audits of the department,
  including audits of:
               (1)   facilities operated by and under contract with
  the department; and
               (2)  medical services provided to children in the
  custody of the department.
         (b)  The department shall on a quarterly basis report the
  results of the audits to:
               (1)  the committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities; and
               (2)  the state auditor.
         Sec. 203.014.  TOLL-FREE NUMBER.  (a)  The department shall
  establish a permanent, toll-free number for the purpose of
  receiving any information concerning the abuse, neglect, or
  exploitation of children in the custody of the department or housed
  in a local probation facility.
         (b)  The department shall ensure that:
               (1)  the toll-free number is prominently displayed in
  each department facility and each local probation facility;
               (2)  children in the custody of the department or
  housed in a local probation facility and employees of the
  department and the facility have confidential access to telephones
  for the purpose of calling the toll-free number; and
               (3)  the toll-free number is in operation and answered
  by staff 24 hours a day, every day of the year.
         (c)  The department shall share the complaints received on
  the toll-free number with the office of inspector general and the
  office of the independent ombudsman.
         Sec. 203.015.  PROGRAMS AND SERVICES EVALUATION SYSTEM. The
  department shall establish and implement a system to evaluate the
  effectiveness of county and state programs and services for youth.
         SECTION 1.003.  Title 12, Human Resources Code, as added by
  this Act, is amended by adding Subtitle B, and a heading is added to
  read as follows:
  SUBTITLE B. PROBATION SERVICES; PROBATION FACILITIES
         SECTION 1.004.  Subchapters C, D, and E, Chapter 141, Human
  Resources Code, are transferred to Subtitle B, Title 12, Human
  Resources Code, as added by this Act, redesignated as Chapters 221,
  222, and 223, respectively, and amended to read as follows:
  CHAPTER 221.  ASSISTANCE TO COUNTIES AND REGULATION OF JUVENILE
  BOARDS AND JUVENILE PROBATION DEPARTMENTS
  SUBCHAPTER A.  GENERAL PROVISIONS [SUBCHAPTER C. POWERS AND
  DUTIES OF COMMISSION]
         Sec. 221.001 [141.041].  PROVISION OF PROBATION AND
  DETENTION SERVICES. (a)  The department [commission] shall assist
  counties in providing probation and juvenile detention services by
  encouraging the continued operation of county and multi-county
  juvenile boards or probation offices.
         (b)  If a county discontinues the provision of juvenile
  probation services, the department [commission] may directly
  provide probation or detention services in the county.
         Sec. 221.002 [141.042].  GENERAL RULES GOVERNING JUVENILE
  BOARDS, PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
  FACILITIES. (a)  The board [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, 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.
         (b)  In adopting the rules, the board [commission] shall
  consider local information and evidence gathered through public
  review and comment.
         (c)  The department [commission] shall operate a statewide
  registry for all public and private juvenile pre-adjudication
  secure detention facilities and all public and private juvenile
  post-adjudication secure correctional facilities [except a
  facility operated or certified by the Texas Youth Commission].
         (d)  In adopting rules under Subsection (a)(4), the board
  [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)  A juvenile board that does not accept state aid funding
  from the department under Section 223.001 shall report to the
  department each month on a form provided by the department 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 department makes available free software to
  a juvenile board for the automation and tracking of juveniles under
  the jurisdiction of the juvenile board, the department may require
  the monthly report to be provided in an electronic format adopted by
  rule by the board.
         Sec. 221.003.  RULES CONCERNING MENTAL HEALTH SCREENING
  INSTRUMENT AND RISK AND NEEDS ASSESSMENT INSTRUMENT; ADMISSIBILITY
  OF STATEMENTS.  (a)  The board by rule shall require juvenile [(e)  
  Juvenile] probation departments to [shall] use the mental health
  screening instrument selected by the department [commission] for
  the initial screening of children under the jurisdiction of
  probation departments who have been formally referred to a juvenile
  probation [the] department.  The department [commission] shall give
  priority to training in the use of this instrument in any preservice
  or in-service training that the department [commission] provides
  for probation officers.  The rules adopted by the board under this
  section must allow a [A] clinical assessment by a licensed mental
  health professional to [may] be substituted for the mental health
  screening instrument selected by the department [commission] if the
  clinical assessment is performed in the time prescribed by the
  department [commission].
         (b) [(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
  department [commission], complete a risk and needs assessment for
  each child under the jurisdiction of the juvenile probation
  department.
         (c) [(g)]  Any statement made by a child and any mental
  health data obtained from the child during the administration of
  the mental health screening instrument or the initial risk and
  needs assessment instruments under this section is not admissible
  against the child at any other hearing. The person administering
  the mental health screening instrument or initial risk and needs
  assessment instruments shall inform the child that any statement
  made by the child and any mental health data obtained from the child
  during the administration of the instrument is not admissible
  against the child at any other hearing.
         (d) [(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 the commission.
         [(i)]  A juvenile probation department shall report data
  from the use of the screening instrument or clinical assessment
  under Subsection (a) [(e)] and the risk and needs assessment under
  Subsection (b) [(f)] to the department [commission] in the format
  and at the time prescribed by the department [commission].
         (e) [(j)]  The board [commission] shall adopt rules to
  ensure that youth in the juvenile justice system are assessed using
  the screening instrument or clinical assessment under Subsection
  (a) [(e)] and the risk and needs assessment under Subsection (b)
  [(f)].
         Sec. 221.004 [141.0421].  STANDARDS RELATING TO LOCAL
  PROBATION DEPARTMENTS. (a)  The board [commission] shall adopt
  rules that provide:
               (1)  standards for the collection and reporting of
  information about juvenile offenders by local probation
  departments;
               (2)  performance measures to determine the
  effectiveness of probation services provided by local probation
  departments; and
               (3)  case management standards for all probation
  services provided by local probation departments.
         (b)  The department [commission] shall monitor local
  probation departments for compliance with the standards and
  measures that the board [commission] adopts.
         (c)  The department [commission] shall provide technical
  assistance to local probation departments to aid compliance with
  the standards and measures that the board [commission] adopts.
         Sec. 221.005 [141.043].  TRAINING AND ASSISTANCE TO LOCAL
  AUTHORITIES. (a)  The department [commission] shall provide
  educational training and technical assistance to counties,
  juvenile boards, and probation offices to:
               (1)  promote compliance with the standards required
  under this chapter; and
               (2)  assist the local authorities in improving the
  operation of probation, parole, and detention services.
         (b)  The department shall encourage compliance with
  educational service standards and rights prescribed by state or
  federal law by:
               (1)  facilitating interagency coordination and
  collaboration among juvenile probation departments, school
  districts, and the Texas Education Agency; and
               (2)  developing and supporting a plan to ensure
  continuity of educational services to juvenile offenders,
  including special educational services for juveniles with
  disabilities.
         Sec. 221.006 [141.0431].  VIOLENCE PREVENTION AND CONFLICT
  RESOLUTION TRAINING.  The department [commission] shall:
               (1)  provide training on request to juvenile probation
  departments and juvenile boards in violence prevention and conflict
  resolution programs that include discussion of domestic violence
  and child abuse issues; and
               (2)  encourage the inclusion of a violence prevention
  and conflict resolution program as a condition of probation.
         Sec. 221.007 [141.044].  JUVENILE BOARD RECORDS AND
  REPORTS. Each juvenile board in the state shall:
               (1)  keep the financial, programmatic, and statistical
  records the department [commission] considers necessary; and
               (2)  submit periodic financial, programmatic, and
  statistical reports to the department [commission] as required by
  the department [commission] and in the format specified by the
  department [commission], including electronic submission.
         Sec. 221.0071.  CHARTER SCHOOL. (a)  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 may grant a charter on the application of a detention,
  correctional, or residential facility established only for
  juvenile offenders under Section 51.12, 51.125, or 51.126, Family
  Code.
         (b)  If a local detention, correctional, or residential
  facility described by Subsection (a) applies for a charter, the
  facility must provide 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.
         [Sec.   141.045.     GIFTS AND GRANTS. (a)     The commission may
  apply for and accept gifts and grants from any public or private
  source to use in maintaining and improving probation services in
  the state.
         [(b)     The commission shall deposit money received under this
  section in the state treasury.   The commission may use the money
  only to make payments of state aid under this chapter and to
  administer this chapter.]
         Sec. 221.008 [141.046].  INSPECTIONS AND AUDITS. (a)  The
  department [commission] may inspect and evaluate a juvenile board
  and probation department and audit the juvenile board's [its]
  financial, programmatic, and statistical records at reasonable
  times to determine compliance with the board's [commission's]
  rules.
         (b)  The department [commission] may inspect any program or
  facility operated on behalf of and under the authority of the
  juvenile board by the probation department, a governmental entity,
  or private vendor.
         [Sec.   141.0461.     AUTHORITY TO ISSUE SUBPOENA, ADMINISTER
  OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (a)     In this
  section, "evidence" means any record, book, paper, document, data,
  or other evidence maintained by electronic or other means.
         [(b)     The commission may issue a subpoena requiring the
  attendance of a witness or the production of evidence that the
  commission considers necessary for the investigation of:
               [(1)  abuse, neglect, or exploitation allegations;
               [(2)  complaints;
               [(3)     financial and programmatic audits of juvenile
  probation programs services and facilities, including juvenile
  justice alternative education programs; or
               [(4)  any matter under the authority of the commission.
         [(c)     The commission may issue a subpoena under Subsection
  (b) only if the subpoena is signed by:
               [(1)     the chairman of the commission or, if the
  chairman is unavailable, the vice-chairman of the commission; and
               [(2)     at least two other members of the commission,
  including a member who is a judge.
         [(d)     Any peace officer, commission investigator, other
  commission official, or person authorized under Article 24.01, Code
  of Criminal Procedure, may serve the subpoena in the same manner
  that similar process in a court of record having original
  jurisdiction of criminal actions is served.
         [(e)     A subpoena under this section shall be served and
  witness fees and mileage paid as in civil cases in the district
  court in the county to which the witness is called, unless the
  proceeding for which the service or payment is made is under Chapter
  2001, Government Code, in which case the service or payment shall be
  made as provided in that chapter.   Witnesses subpoenaed at the
  instance of the commission shall be paid their fees and mileage by
  the commission out of funds appropriated for that purpose.
         [(f)     On application of the commission, a court of record
  having original jurisdiction of criminal actions may compel the
  attendance of a witness, the production of material, or the giving
  of testimony before the commission, by an attachment for contempt
  or in the same manner as the court may otherwise compel the
  production of evidence.
         [(g)     The chairman or another member of the commission may
  administer an oath to a witness in attendance before the commission
  or before an authorized representative of the commission.
         [(h)     If a witness in attendance before the commission or
  before an authorized representative refuses without reasonable
  cause to be examined or answer a legal or pertinent question, or to
  produce evidence when ordered by the commission, the commission may
  apply to the district court for a rule or order returnable in not
  less than two or in more than five days, directing the witness to
  show cause before the judge why the witness should not be punished
  for contempt.   The commission may apply to the district court of any
  county where the witness is in attendance, on proof by affidavit of
  the fact, unless the order of contempt is sought under Chapter 2001,
  Government Code, in which case the commission shall apply to a
  district court of Travis County, as provided by that chapter.   On
  return of the order, the judge hearing the matter shall examine the
  witness under oath and the witness shall be given an opportunity to
  be heard.   If the judge determines that the witness has refused,
  without reasonable cause or legal excuse, to be examined or answer a
  legal or pertinent question, or to produce evidence that the
  witness was ordered to bring or produce, the judge may immediately
  find the witness in contempt of court.
         [(i)     The commission shall be granted access at any
  reasonable time to any evidence that is related to any matter the
  commission or executive director considers necessary to administer
  the commission's functions, powers, and duties.
         [Sec.   141.047.     INTERAGENCY   COOPERATION. (a)     To improve
  probation services, the commission may cooperate and contract with:
               [(1)  the federal government;
               [(2)     governmental agencies in this state and other
  states;
               [(3)  political subdivisions of the state; and
               [(4)  private agencies.
         [(b)     The director, the executive commissioner of the Texas
  Youth Commission, and the commissioners of education, mental health
  and mental retardation, and human services shall meet in Austin at
  least quarterly to:
               [(1)  discuss mutual problems;
               [(2)     resolve conflicts in providing services to
  juveniles; and
               [(3)     make recommendations to the governor and
  legislature.
         [Sec.     141.0471.     COORDINATED STRATEGIC PLANNING COMMITTEE.
  (a)     The director 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. 221.009 [141.0472].  [COORDINATED] STRATEGIC PLAN;
  ADOPTION OF PLAN. (a)  The board shall develop a [coordinated]
  strategic plan.  The plan [developed by the strategic planning
  committee under Section 141.0471] must:
               (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;
               (8)  identify [cross-agency] outcome measures by which
  to evaluate the effectiveness of services provided to youth in the
  juvenile justice system [the system generally];
               (9)  include a plan of implementation for the
  development of common data sources and data sharing among the
  department [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)  The board shall make its best effort to develop
  regularly updated performance measures of the effectiveness of
  programs and services on outcomes for youths, public safety, and
  victims, make those measures publicly available online, and use
  those measures in determining funding levels for programs and
  services  [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 board [governing boards of the commission and the
  Texas Youth Commission] shall review and adopt the [coordinated]
  strategic plan as provided by Section 2056.002, Government Code [on
  or before December 1st of each odd-numbered year, or before the
  adoption of the agency's individual strategic plan, whichever is
  earlier].
         [Sec.   141.048.     STUDIES. (a)     The commission may conduct or
  participate in studies relating to corrections methods and systems
  and to treatment and therapy programs at the governor's request or
  on its own motion.
         [(b)     The commission shall continuously study the
  effectiveness of probation services and shall report its findings
  to the governor and the legislature before each regular legislative
  session.
         [Sec.   141.0486.     REPORTING CONCERNING RESEARCH PROGRAMS OR
  STUDIES. (a)     The commission shall keep records relating to
  children within the juvenile probation system that participate in
  research programs or studies.
         [(b)     The records must show, for each calendar quarter and
  for each calendar year:
               [(1)     the number of children participating in research
  programs or studies for the appropriate reporting period;
               [(2)     the type of research program or study in which
  each child is participating;
               [(3)     the name of the principal investigator conducting
  the research program or study; and
               [(4)     the entity sponsoring the research program or
  study.
         [(c)     The commission shall submit a report that contains the
  information in the records kept under Subsection (b) on or before
  the 15th day after the last day of the appropriate reporting period
  to the:
               [(1)  governor;
               [(2)  lieutenant governor;
               [(3)  speaker of the house of representatives; and
               [(4)     members of the senate and house of
  representatives.
         [(d)     A report submitted under this section is public
  information under Chapter 552, Government Code.]
         Sec. 221.010 [141.049].  COMPLAINTS RELATING TO JUVENILE
  BOARDS. (a)  The department [commission] shall maintain a system
  to promptly and efficiently act on a complaint filed with the
  department [commission] relating to a juvenile board funded by the
  department [commission].  The department [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 department [commission] shall make information
  available describing the department's [commission's] procedures
  for the investigation and resolution of a complaint filed with the
  department [commission] relating to a juvenile board funded by the
  department [commission].
         (c)  The department [commission] shall investigate the
  allegations in the complaint and make a determination of whether
  there has been a violation of the department's [commission's] rules
  relating to juvenile probation programs, services, or facilities.
         (d)  If a written complaint is filed with the department 
  [commission] relating to a juvenile board funded by the department 
  [commission], the department [commission] 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.
         Sec. 221.011.  INVESTIGATORS. (a)  The department may
  employ and commission investigators as peace officers for the
  purpose of investigating allegations of abuse, neglect, and
  exploitation in juvenile justice programs and facilities under
  Section 261.405, Family Code.
         (b)  Peace officers employed and commissioned under
  Subsection (a) must be certified by the Commission on Law
  Enforcement Officer Standards and Education under Chapter 1701,
  Occupations Code.
         Sec. 221.012.  ANNUAL REPORTS. (a)  The department shall
  report annually to the governor and the legislature on the
  department's operations and the condition of probation services in
  the state during the previous year.  The report:
               (1)  may include recommendations; and
               (2)  must include:
                     (A)  an evaluation of the effectiveness of the
  community-based programs operated under Section 54.0401, Family
  Code; and
                     (B)  information comparing the cost of a child
  participating in a program described by Paragraph (A) with the cost
  of committing the child to the department.
         (b)  The department shall file annually with the governor,
  the Legislative Budget Board, and the presiding officer of each
  house of the legislature a complete and detailed written report
  accounting for all funds received and disbursed by the department
  during the preceding fiscal year. The annual report must be in the
  form and be submitted by the time provided by the General
  Appropriations Act.
  SUBCHAPTER B.  CONTRACT STANDARDS AND MONITORING
         Sec. 221.051 [141.050].  CONTRACT STANDARDS. (a)  In each
  contract with counties for local probation services, the department
  [commission] shall include:
               (1)  clearly defined contract goals, outputs, and
  measurable outcomes that relate directly to program objectives;
               (2)  clearly defined sanctions or penalties for failure
  to comply with or perform contract terms or conditions; and
               (3)  clearly specified accounting, reporting, and
  auditing requirements applicable to money received under the
  contract.
         (b)  The department [commission] shall require each local
  juvenile probation department:
               (1)  to include the provisions of Subsection (a) in its
  contracts with private service providers that involve the use of
  state funds; and
               (2)  to use data relating to the performance of private
  service providers in prior contracts as a factor in selecting
  providers to receive contracts.
         (c)  The department [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).
         Sec. 221.052 [141.051].  CONTRACT MONITORING. The
  department [commission] shall establish a formal program to monitor
  contracts under Section 221.051 [141.050] made by the department
  [commission].  The department [commission] must:
               (1)  monitor compliance with financial and performance
  requirements using a risk assessment methodology; and
               (2)  obtain and evaluate program cost information to
  ensure that each cost, including an administrative cost, is
  reasonable and necessary to achieve program objectives.
         [Sec. 141.052.  MEDICAID BENEFITS.  The commission shall:
               [(1)     identify areas in which federal Medicaid program
  benefits could be used in a manner that is cost-effective for
  children in the juvenile justice system;
               [(2)     develop a program to encourage application for
  and receipt of Medicaid benefits;
               [(3)     provide technical assistance to counties
  relating to eligibility for Medicaid benefits; and
               [(4)     monitor the extent to which counties make use of
  Medicaid benefits.
         [Sec.   141.053.     ACCESSIBILITY TO PROGRAMS AND FACILITIES.
  The commission shall comply with federal and state laws relating to
  program and facility accessibility.   The executive director shall
  also prepare and maintain a written plan that describes how a person
  who does not speak English can be provided reasonable access to the
  commission's programs and services.]
         Sec. 221.053 [141.054].  CONTRACTS FOR OUT-OF-STATE
  JUVENILE INMATES. (a)  The only entities other than the state
  authorized to operate a correctional facility to house in this
  state juvenile inmates convicted of offenses committed against the
  laws of another state of the United States are:
               (1)  a county or municipality; and
               (2)  a private vendor operating a correctional facility
  under a contract with a county or municipality.
         (b)  The board [commission] shall develop rules, procedures,
  and minimum standards applicable to county or private correctional
  facilities housing out-of-state juvenile inmates.  A contract made
  under Subsection (a) [of this section] shall require the county,
  municipality, or private vendor to operate the facility in
  compliance with minimum standards adopted by the board
  [commission].
         [Sec.   141.055.     INVESTIGATORS.   (a)     The commission may
  employ and commission investigators as peace officers for the
  purpose of investigating allegations of abuse, neglect, and
  exploitation in juvenile justice programs and facilities under
  Section 261.405, Family Code.
         [(b)     Peace officers employed and commissioned under
  Subsection (a) must be certified by the Commission on Law
  Enforcement Officer Standards and Education under Chapter 1701,
  Occupations Code.
         [Sec.   141.056.     STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
  SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a)     The
  director shall establish a committee to evaluate alternatives to
  the juvenile justice system, such as government programs,
  faith-based programs, and programs offered by nonprofit
  organizations, for children who are accused of engaging in acts of
  prostitution.
         [(b)     The director shall determine the size of the committee.  
  The committee must be composed of:
               [(1)     members of the Texas Juvenile Probation
  Commission, the Texas Youth Commission, and other relevant state
  agencies as determined by the director;
               [(2)  members of the legislature;
               [(3)     members of nongovernmental organizations that
  provide programs and services to combat and prevent trafficking of
  persons as described by Section 20A.02, Penal Code, in this state,
  including the following with respect to that trafficking:
                     [(A)  programs to promote public awareness;
                     [(B)     programs to identify and provide services to
  victims;
                     [(C)  legal services; and
                     [(D)     community outreach and training programs;
  and
               [(4)  other juvenile justice experts.
         [(c)     Not later than January 1, 2011, the committee shall
  prepare and deliver to each member of the legislature a report that
  includes the results of the study and recommendations for
  alternatives to the juvenile justice system for children who are
  accused of engaging in acts of prostitution.
         [(d)  This section expires June 1, 2011.]
         Sec. 221.054 [141.057].  DATA COLLECTION. (a)  The
  department [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. 221.055 [141.058].  QUARTERLY REPORT ON ABUSE,
  NEGLECT, AND EXPLOITATION. (a)  The department [On January 1,
  2010, and quarterly after that date, the commission] shall prepare
  and deliver a quarterly 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 department [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. 221.056 [141.059].  RESIDENTIAL TREATMENT FACILITY.
  (a)  The department [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 department [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.
  CHAPTER 222. STANDARDS FOR AND REGULATION OF [SUBCHAPTER D.
  PROVISIONS RELATING TO] CERTAIN OFFICERS AND EMPLOYEES
  SUBCHAPTER A.  STANDARDS FOR AND GENERAL REGULATION OF OFFICERS
         Sec. 222.001 [141.061].  MINIMUM STANDARDS FOR PROBATION
  OFFICERS. (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 department
  [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 department [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 department [commission];
               (5)  have passed the tests or examinations required by
  the department [commission]; and
               (6)  possess the level of certification required by the
  department [commission].
         (b)  The board [commission] by rule may authorize the waiver
  of the requirement of a year of graduate study or full-time
  employment experience if the authority responsible for employing
  the officer establishes to the satisfaction of the department
  [commission] that, after a diligent search, the authority cannot
  locate a person meeting that requirement to fill a job opening.
         (c)  The board [commission] by rule may authorize the
  temporary employment of a person who has not completed a course of
  preservice training, passed the examination, or attained the
  required level of certification, contingent on the person meeting
  those requirements within the time specified by the board
  [commission].
         (d)  A person must possess the level of training, experience,
  and certification required by the department [commission] to be
  eligible for employment in a probation office in a position
  supervising other probation officers. The department [commission]
  may require several levels of certification to reflect increasing
  levels of responsibility. A department [commission] rule relating
  to levels of certification does not affect the continued employment
  of a probation officer in a supervisory position if the person holds
  that position on the date on which the rule takes effect.
         (e)  The department [commission] may waive any certification
  requirement, except a fee requirement, for an applicant who has a
  valid certification from another state that has certification
  requirements that are substantially equivalent to the requirements
  in this state.
         (f)  The department [commission] may waive the degree
  accreditation requirement in Subsection (a)(2) if the applicant
  possesses a foreign or other degree that the department
  [commission] determines is the substantial equivalent of a
  bachelor's degree. The board [commission] shall adopt rules
  defining the procedures to be used to request a waiver of the
  accreditation requirement in Subsection (a)(2).
         Sec. 222.002 [141.0611].  MINIMUM STANDARDS FOR DETENTION
  OFFICERS. To be eligible for appointment as a detention officer, a
  person who was not employed as a detention officer before September
  1, 2005, must:
               (1)  be of good moral character;
               (2)  be at least 21 years of age;
               (3)  have acquired a high school diploma or its
  equivalent;
               (4)  have satisfactorily completed the course of
  preservice training or instruction  required by the department
  [commission];
               (5)  have passed the tests or examinations required by
  the department [commission]; and
               (6)  possess the level of certification required by the
  department [commission].
         Sec. 222.003 [141.0612].  MINIMUM STANDARDS FOR CERTAIN
  EMPLOYEES OF NONSECURE CORRECTIONAL FACILITIES. (a)  The board 
  [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 222.002 [141.0611].
         Sec. 222.004.  PERSONS WHO MAY NOT ACT AS CHIEF
  ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a)  A
  peace officer, prosecuting attorney, or other person who is
  employed by or who reports directly to a law enforcement or
  prosecution official may not act as a chief administrative,
  juvenile probation, or detention officer or be made responsible for
  supervising a juvenile on probation.
         (b)  For purposes of this section, a chief administrative
  officer, regardless of title, is the person who is:
               (1)  hired or appointed by or under contract with the
  juvenile board; and
               (2)  responsible for the oversight of the operations of
  the juvenile probation department or any juvenile justice program
  operated by or under the authority of the juvenile board.
         Sec. 222.005.  CARRYING OF FIREARM BY CERTAIN OFFICERS
  PROHIBITED. (a)  A juvenile probation, detention, or corrections
  officer may not carry a firearm in the course of the person's
  official duties.
         (b)  This section does not apply to:
               (1)  an employee of the department; or
               (2)  a juvenile probation officer authorized to carry a
  firearm under Section 142.006.
         Sec. 222.006.  PROBATION OFFICER:  COUNTY EMPLOYEE. A
  juvenile probation officer whose jurisdiction covers only one
  county is considered to be an employee of that county.
  SUBCHAPTER B.  CERTIFICATION AND EXAMINATION
         Sec. 222.051 [141.062].  NOTICE OF CERTIFICATION
  EXAMINATION RESULTS. (a)  Except as provided by Subsection (b) [of
  this section], the department [commission] shall notify each person
  taking a certification examination of the results of the
  examination not later than the 30th day after the date on which the
  examination is administered.
         (b)  The department [commission] shall notify a person
  taking an examination graded or reviewed by a national testing
  service of the results not later than the 14th day after the date on
  which the department [commission] receives the results from the
  testing service.
         (c)  If the notice of the examination results graded or
  reviewed by a national testing service will be delayed for longer
  than 90 days after the examination date, the department
  [commission] shall notify the person of the reason for the delay
  before that 90th day.
         Sec. 222.052 [141.063].  ANALYSIS OF EXAMINATION
  PERFORMANCE. The department [commission] shall furnish a person
  who fails a certification test administered under this chapter with
  an analysis of the person's performance on the examination if the
  person requests the analysis in writing.
         Sec. 222.053 [141.064].  REVOCATION OR SUSPENSION OF
  CERTIFICATION. (a)  The department [commission] may revoke or
  suspend a certification, or reprimand a certified officer:
               (1)  for a violation of this chapter or a department
  [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 department [commission] may place on probation a
  person whose certification is suspended.  If the suspension is
  probated, the department [commission] may require the person to:
               (1)  report regularly to the department [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 department
  [commission] in those areas that are the basis of the probation.
         (c)  The executive director may convene, in person or
  telephonically, a panel of three board [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 executive 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 if the department [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.
         [Sec.   141.065.     PERSONS WHO MAY NOT ACT AS CHIEF
  ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a)     A
  peace officer, prosecuting attorney, or other person who is
  employed by or who reports directly to a law enforcement or
  prosecution official may not act as a chief administrative,
  juvenile probation, or detention officer or be made responsible for
  supervising a juvenile on probation.
         [(b)     For purposes of this section, a chief administrative
  officer, regardless of title, is the person who is:
               [(1)     hired or appointed by or under contract with the
  juvenile board; and
               [(2)     responsible for the oversight of the operations
  of the juvenile probation department or any juvenile justice
  program operated by or under the authority of the juvenile board.
         [Sec. 141.066.     CARRYING OF FIREARM BY CERTAIN OFFICERS
  PROHIBITED. (a)     A juvenile probation, detention, or corrections
  officer may not carry a firearm in the course of the person's
  official duties.
         [(b)  This section does not apply to:
               [(1)  an employee of the Texas Youth Commission; or
               [(2)     a juvenile probation officer authorized to carry
  a firearm under Section 142.006.
         [Sec.   141.067.   PROBATION OFFICER:   COUNTY EMPLOYEE. A
  juvenile probation officer whose jurisdiction covers only one
  county is considered to be an employee of that county.]
  CHAPTER 223 [SUBCHAPTER E].  STATE AID
         Sec. 223.001 [141.081].  DETERMINATION OF AMOUNT OF STATE
  AID. (a)  The department [commission] shall annually allocate
  funds for financial assistance to juvenile boards to provide
  juvenile services according to current estimates of the number of
  juveniles in each county and other factors the department
  [commission] determines are appropriate.
         (b)  The legislature may appropriate the amount of state aid
  necessary to supplement local funds to maintain and improve
  statewide juvenile services that comply with department
  [commission] standards.
         (c)  The department [commission] may set aside a portion of
  the funds appropriated to the department [commission] for state aid
  to fund programs designed to address special needs or projects of
  local juvenile boards.
         [(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.]
         Sec. 223.002 [141.082].  MAINTENANCE OF LOCAL FINANCIAL
  SUPPORT. (a)  To receive the full amount of state aid funds for
  which a juvenile board may be eligible, a juvenile board must
  demonstrate to the department's [commission's] satisfaction that
  the amount of local or county funds budgeted for juvenile services
  is at least equal to the amount spent, excluding construction and
  capital outlay expenses, for those services in the 1994 county
  fiscal year.  The department [commission] may waive this
  requirement only if the juvenile board demonstrates to the
  department [commission] that unusual, catastrophic, or exceptional
  circumstances existed during the relevant year to affect adversely
  the level of county funding.  If the required amount of local
  funding is not budgeted and the department [commission] does not
  grant a waiver, the department [commission] shall reduce the
  allocation of state aid funds to the juvenile board by the amount
  equal to the amount that the county funding is below the required
  funding.
         (b)  For purposes of Subsection (a), the [The] amount spent
  on juvenile detention and correctional facilities is included in
  determining the amount of local or county funds.  The amount spent
  for construction or renovation is not included.
         (c)  The department [commission] must be satisfied at the end
  of each county fiscal year that the juvenile board actually spent
  local or county funds for juvenile services in the amount
  demonstrated to the department [commission] at the beginning of the
  fiscal year.
         (d)  The department [commission] may require a rebate of
  state aid, or [may] withhold state aid to which the juvenile board
  would otherwise be entitled, as necessary to satisfy the
  requirement that a juvenile board spend funds as demonstrated.
         Sec. 223.003 [141.083].  SPECIAL RULES FOR MULTI-COUNTY
  JURISDICTIONS. If necessary, the board [commission] by rule may
  provide for:
               (1)  the payment of compensation, insurance,
  retirement, fringe benefits, and related matters to a juvenile
  probation officer whose jurisdiction covers more than one county;
               (2)  the centralization of administrative
  responsibility associated with the state aid program in a county
  included in a multi-county jurisdiction; and
               (3)  the application of Section 223.001 [141.081 of
  this code] to a multi-county jurisdiction.
         Sec. 223.004 [141.084].  PAYMENT OF STATE AID. (a)  When
  the department [commission] determines that a juvenile board
  complies with the department's [commission's] standards, the
  department [commission] shall submit to the comptroller a voucher
  for payment to a juvenile board of the amount of state aid to which
  the board is entitled.
         (b)  The juvenile board's fiscal officer shall deposit all
  state aid received under this chapter in a special fund.  The
  juvenile board may use the funds solely to provide juvenile
  probation services.
         (c)  A juvenile board receiving state aid under this chapter
  is subject to audit by:
               (1)  the Legislative Budget Board;
               (2)  [,] the governor's budget, policy, and planning
  office;
               (3)  [,] the state auditor; [,] and
               (4)  the comptroller.
         (d)  A juvenile board receiving state aid under this chapter
  shall submit reports as required by the department [commission].
         Sec. 223.005 [141.085].  REFUSAL, REDUCTION, OR SUSPENSION
  OF STATE AID. (a)  The department [commission] may refuse, reduce,
  or suspend payment of state aid to:
               (1)  a juvenile board that fails to comply with the
  department's [commission's] rules or fails to maintain local
  financial support; or
               (2)  a county that fails to comply with the minimum
  standards provided under Section 221.002(a)(4) [141.042(a)(4)].
         (b)  The department [commission] shall provide for notice
  and a hearing in a case in which the department [it] refuses,
  reduces, or suspends state aid.
         Sec. 223.006 [141.086].  FUNDING AND CONSTRUCTION OF
  POST-ADJUDICATION FACILITIES. (a)  The department [commission]
  may provide state aid to a county to acquire, construct, and equip
  post-adjudication residential or day-treatment centers from money
  appropriated for those purposes.  The facilities may be used for
  children who are placed on probation by a juvenile court under
  Section 54.04, Family Code, as an alternative to commitment to the
  facilities of the department [Texas Youth Commission].
         (b)  State funds provided to counties under Subsection (a)
  must be matched by local funds equal to at least one-fourth of the
  state funds.
         (c)  From money appropriated for construction of the
  facilities described by Subsection (a), the department
  [commission] shall contract with the Texas Department of Criminal
  Justice for construction management services, including:
               (1)  evaluation of project plans and specifications;
  and
               (2)  review and comment on the selection of architects
  and engineers, change orders, and sufficiency of project
  inspection.
         (d)  On completion of the review of project plans and
  specifications under Subsection (c), the Texas Department of
  Criminal Justice shall issue a comprehensive report that states in
  detail the proposed cost of the project.  The department 
  [commission] shall use the report in making a comparative
  evaluation of proposed projects and shall give priority to the
  projects the department [commission] finds are the most effective
  and economical.
         (e)  The department [commission] may not award money for a
  capital construction project for a facility under this section
  unless the department [commission] receives from the commissioners
  court of the county intending to use the facility a written
  commitment that the commissioners court has reviewed and accepted
  the conditions of the award.  If more than one county intends to use
  the facility, the department [commission] must receive from each
  county a written commitment that the county will agree with the
  other counties to an interlocal contract to operate the facility in
  accordance with the conditions of the award.
         (f)  A county receiving state aid under this section shall
  adhere to department [commission] standards for the construction
  and operation of a post-adjudication secure residential facility.
         (g)  For a facility constructed under this section, not more
  than 25 percent of the operating costs of the facility may be
  reimbursed by the department [commission].
         (h)  It is the intent of the legislature to appropriate the
  full amount of money authorized under Subsection (g).
         (i)  [The commission shall conduct an annual audit of the
  operating costs for a fiscal year of a facility constructed under
  this section for each fiscal year through fiscal year 1999.   The
  commission shall submit a report on the results of the audit to the
  Legislative Budget Board and the governor not later than the 60th
  day after the last day of the fiscal year covered by the audit.
         [(j)]  In this section, "operating costs" means the
  operating costs of a facility at an 80-percent occupancy rate.
         SECTION 1.005.  Title 12, Human Resources Code, as added by
  this Act, is amended by adding Subtitle C, and a heading is added to
  read as follows:
  SUBTITLE C. SECURE FACILITIES
         SECTION 1.006.  Subchapter G, Chapter 61, Human Resources
  Code, is transferred to Subtitle C, Title 12, Human Resources Code,
  as added by this Act, redesignated as Chapter 241, and amended to
  read as follows:
  CHAPTER 241. GENERAL [SUBCHAPTER G. MISCELLANEOUS] PROVISIONS
         Sec. 241.001 [61.091].  COOPERATION OF OTHER AGENCIES. To
  effectuate the purpose of this subtitle [chapter] and to make
  maximum use of existing facilities and personnel, all departments
  and agencies of the state and all officers and employees of the
  state, when requested by the department [commission], shall
  cooperate with the department [it] in all activities consistent
  with their proper functions.
         Sec. 241.0015 [61.0911].  [COORDINATED] STRATEGIC PLAN.
  The department [Texas Youth Commission] shall biennially develop
  [with the Texas Juvenile Probation Commission] a [coordinated]
  strategic plan in the manner described by Section 221.009 [Sections
  141.0471 and 141.0472].
         Sec. 241.002 [61.092].  NO FORFEITURE OF CERTAIN CIVIL
  RIGHTS. Commitment of a child to the custody of the department
  [commission] does not disqualify the child in any future
  examination, appointment, or application for public service under
  the government of the state or of any political subdivision of the
  state.
         [Sec.   61.093.     ESCAPE AND APPREHENSION. (a)     If a child who
  has been committed to the commission and placed by it in any
  institution or facility has escaped or has been released under
  supervision and broken the conditions of release:
               [(1)     a sheriff, deputy sheriff, constable, or police
  officer may, without a warrant, arrest the child; or
               [(2)     a commission employee designated by the executive
  commissioner may, without a warrant or other order, take the child
  into the custody of the commission.
         [(b)     A child who is arrested or taken into custody under
  Subsection (a) may be detained in any suitable place, including an
  adult jail facility if the person is 17 years of age or older, until
  the child is returned to the custody of the commission or
  transported to a commission facility.
         [(c)     Notwithstanding Section 58.005, Family Code, the
  commission may disseminate to the public the following information
  relating to a child who has escaped from custody:
               [(1)     the child's name, including other names by which
  the child is known;
               [(2)     the child's physical description, including sex,
  weight, height, race, ethnicity, eye color, hair color, scars,
  marks, and tattoos;
               [(3)  a photograph of the child; and
               [(4)     if necessary to protect the welfare of the
  community, any other information that reveals dangerous
  propensities of the child or expedites the apprehension of the
  child.
         [Sec.   61.0931.   APPREHENSION SPECIALISTS. (a)     The
  commission may employ and commission apprehension specialists as
  peace officers for the purpose of apprehending a child under
  Section 61.093.
         [(b)     Peace officers employed and commissioned under
  Subsection (a) must be certified by the Commission on Law
  Enforcement Officer Standards and Education under Chapter 415,
  Government Code.]
         Sec. 241.003 [61.094].  YOUTH DEVELOPMENT COUNCIL FUND. The
  youth development council fund exists in the treasury as a special
  fund for the purposes provided by law.
         Sec. 241.004 [61.095].  REQUEST FOR CERTAIN RECORDS. For
  the purpose of offering a record as evidence in the punishment phase
  of a criminal proceeding, a prosecuting attorney may obtain the
  record of a defendant's adjudication that is admissible under
  Section 3(a), Article 37.07, Code of Criminal Procedure, by
  submitting a request for the record to the department [commission].  
  If the department [commission] has a record to which the
  prosecuting attorney is entitled under this section, the department
  [commission] shall furnish a copy of the record to the prosecuting
  attorney.  Otherwise, the department [commission] shall notify the
  prosecuting attorney that the department [commission] does not have
  a record to which the attorney is entitled under this section.
         Sec. 241.005 [61.096].  LIABILITY OF VOLUNTEERS.  
  (a)  Except as provided by Subsection (b), a volunteer is not
  liable for damages arising from an act or omission that results in
  personal injury, death, or property damage if the act or omission
  is:
               (1)  in the course and scope of the volunteer's duties
  as a volunteer; and
               (2)  not intentional or grossly negligent.
         (b)  A volunteer is liable for personal injury, death, or
  property damage proximately caused by an act or omission related to
  the operation or use of any motor-driven equipment to the extent of
  the greater of:
               (1)  the amount of financial responsibility required
  for the motor-driven equipment, if any, under Chapter 601,
  Transportation Code; or
               (2)  the amount of any liability insurance coverage
  that applies to the act or omission.
         (c)  In this section, "volunteer" means an individual
  rendering services for or on behalf of the department [commission]
  who does not receive compensation in excess of reimbursement for
  expenses incurred.
         Sec. 241.006 [61.097].  APPLICATION OF LAW RELATING TO FREE
  EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice
  and Remedies Code, an ordinance, rule, order, decision, or practice
  that applies to a person in the custody of a juvenile detention
  facility or other correctional facility operated by or under a
  contract with the department [commission], a county, or a juvenile
  probation department is presumed to be in furtherance of a
  compelling governmental interest and the least restrictive means of
  furthering that interest.  The presumption may be rebutted.
         Sec. 241.007 [61.098].  CERTAIN CRIMES CONCERNING THE
  DEPARTMENT [COMMISSION]. (a)  In this section, "special
  prosecution unit" means the special prosecution unit established
  under Subchapter E, Chapter 41, Government Code.
         (b)  As appropriate, the district attorney, criminal
  district attorney, or county attorney representing the state in
  criminal matters before the district or inferior courts of the
  county who would otherwise represent the state in the prosecution
  of an offense or delinquent conduct concerning the department
  [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.
         (c)  The office of inspector general operated under
  Subchapter C, Chapter 242, shall on a quarterly basis prepare and
  deliver to the board of directors of the special prosecution unit a
  report concerning:
               (1)  any alleged criminal offense or delinquent conduct
  concerning the department [commission] and described by Article
  104.003(a), Code of Criminal Procedure, that occurred during the
  preceding calendar quarter; and
               (2)  the disposition of any case involving a criminal
  offense or delinquent conduct concerning the department
  [commission] and described by Article 104.003(a), Code of Criminal
  Procedure, that occurred during the preceding calendar quarter.
         (d)  Notwithstanding Subsection (c), the office of inspector
  general shall immediately provide the special prosecution unit with
  a report concerning an alleged criminal offense or delinquent
  conduct concerning the department [commission] and described by
  Article 104.003(a), Code of Criminal Procedure, if the chief
  inspector general reasonably believes the offense or conduct is
  particularly serious and egregious.
         (e)  The chief inspector general of the office of inspector
  general, at the direction of the board of directors of the special
  prosecution unit, shall notify the foreman of the appropriate grand
  jury, in the manner provided by Article 20.09, Code of Criminal
  Procedure, if:
               (1)  the chief inspector general receives credible
  evidence of illegal or improper conduct by department [commission]
  officers, employees, or contractors that the inspector general
  reasonably believes jeopardizes the health, safety, and welfare of
  children in the custody of the department [commission];
               (2)  the chief inspector general reasonably believes
  the conduct:
                     (A)  could constitute an offense under Article
  104.003(a), Code of Criminal Procedure; and
                     (B)  involves the alleged physical or sexual abuse
  of a child in the custody of a department [commission] facility or
  an investigation related to the alleged abuse; and
               (3)  the chief inspector general has reason to believe
  that information concerning the conduct has not previously been
  presented to the appropriate grand jury.
         Sec. 241.008 [61.099].  DUTY TO FILE COMPLAINT WITH LAW
  ENFORCEMENT AGENCY. If the executive director [commissioner] has
  reasonable cause to believe that a child in the custody of the
  department [commission] is the victim of a crime committed at a
  department [commission] facility operated under this subtitle, the
  executive director [commissioner] shall immediately file a
  complaint with the appropriate law enforcement agency.
         SECTION 1.007.  Subchapters C, D, E, and F, Chapter 61, Human
  Resources Code, are transferred to Subtitle C, Title 12, Human
  Resources Code, as added by this Act, redesignated as Chapters 242,
  243, 244, and 245, respectively, and amended to read as follows:
  CHAPTER 242. OPERATION OF SECURE FACILITIES
  SUBCHAPTER A.  GENERAL AND ADMINISTRATIVE PROVISIONS [SUBCHAPTER C.  
  POWERS AND DUTIES]
         Sec. 242.001.  STUDY OF TREATMENT METHODS; STATISTICAL
  RECORDS.  (a)  The department shall conduct continuing inquiry into
  the effectiveness of the treatment methods the department employs
  in the reformation of children. To this end, the department shall
  maintain a record of arrests and commitments of its wards
  subsequent to their discharge from the jurisdiction of the
  department and shall tabulate, analyze, and publish biennially the
  data for use in evaluating the relative merits of treatment
  methods.
         (b)  The department shall cooperate with courts and private
  and public agencies in the collection of statistics and information
  regarding juvenile delinquency, arrests made, complaints,
  informations, and petitions filed, and the dispositions made of
  them, and other information useful in determining the amount and
  causes of juvenile delinquency in this state.
         [Sec.   61.031.     CONTINUING STUDY.   The commission shall carry
  on a continuing study of the problem of juvenile delinquency in this
  state and shall seek to focus public attention on special solutions
  to this problem.]
         Sec. 242.002 [61.0315].  EVALUATION OF TREATMENT PROGRAMS;
  AVAILABILITY.  (a)  The department [commission] shall annually
  review the effectiveness of the department's [commission's]
  programs for the rehabilitation and reestablishment in society of
  children committed to the department [commission], including
  programs for sex offenders, capital offenders, children who are
  chemically dependent, emotionally disturbed children, and females.
         (b)  On or before December 31 of each year, the department
  [commission] shall make a report on the effectiveness of the
  programs to the Legislative Budget Board.
         (c)  The department [commission] shall offer or make
  available programs described by Subsection (a) in an adequate
  manner so that a child in the custody of the department [commission]
  receives appropriate rehabilitation services recommended for the
  child by the court committing the child to the department
  [commission].
         (d)  If the department [commission] is unable to offer or
  make available programs described by Subsection (a) in the manner
  provided by Subsection (c), the department [commission] shall, not
  later than January 10 of each odd-numbered year, provide the
  standing committees of the senate and house of representatives with
  primary jurisdiction over matters concerning correctional
  facilities with a report explaining:
               (1)  which programs are not offered or are unavailable;
  and
               (2)  the reason the programs are not offered or are
  unavailable.
         (e)  The department [commission] shall periodically review,
  document, and compare the accessibility and funding of treatment
  programs provided to female children committed to the department
  [commission] to the accessibility and funding of treatment provided
  to male children committed to the department [commission].
         [Sec.   61.032.     ADMINISTRATION OF INSTITUTIONS.   The
  commission shall administer the training, diagnostic treatment,
  and supervisory facilities and services of the state for children
  committed to the commission and shall manage and direct all
  institutions and training school facilities under the authority of
  the commission.
         [Sec.     61.033.     ANNUAL FINANCIAL REPORT.   The commission
  shall prepare annually a complete and detailed written report
  accounting for all funds received and disbursed by the commission
  during the preceding fiscal year. The annual report must meet the
  reporting requirements applicable to financial reporting provided
  in the General Appropriations Act.
         [Sec.   61.0331.     INTERNAL AUDIT; REPORT.   (a)     The commission
  shall regularly conduct internal audits of the commission,
  including audits of:
               [(1)     correctional facilities operated by and under
  contract with the commission; and
               [(2)     medical services provided to children in the
  custody of the commission.
         [(b)     The commission shall on a quarterly basis report the
  results of the audits to:
               [(1)     the committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities; and
               [(2)  the state auditor.]
         Sec. 242.003 [61.034].  POLICIES AND RULES.  (a)  The board 
  [executive commissioner] is responsible for the review and approval 
  [adoption] of all policies and shall make rules appropriate to the
  proper accomplishment of the department's [commission's]
  functions.  The board may delegate to the executive director the
  board's responsibility for the adoption of certain policies as
  appropriate for the proper accomplishment of the department's
  functions relating to state-operated facilities and the
  department's personnel.
         (b)  The board [executive commissioner] shall adopt rules
  for the government of the schools, facilities, and programs under
  the department's [commission's] authority under this subtitle and
  shall see that the schools, facilities, and programs are conducted
  according to law and to the board's [executive commissioner's]
  rules.
         (c)  The purpose of the rules and of all education, work,
  training, discipline, and recreation adopted under this section[,]
  and of all other activities in the schools, facilities, and
  programs is to restore and increase the self-respect and
  self-reliance of the children [youth] under the authority of the
  department [commission] and to qualify those children [them] for
  good citizenship and honorable employment.
         [Sec.   61.0345.     MISSION STATEMENT.   The commission shall
  develop and adopt a statement regarding the role and mission of the
  commission.]
         Sec. 242.004 [61.035].  EMPLOYEES.  (a)  Within the limits
  specified by legislative appropriation, the department
  [commission] may employ and compensate personnel necessary to carry
  out the department's [its] duties.
         (b)  Except as otherwise provided by this subchapter 
  [chapter], an employee of the department [commission] is employed
  on an at-will basis.
         (c)  The department [commission] shall establish procedures
  and practices governing:
               (1)  employment-related grievances submitted by
  department [commission] employees; and
               (2)  disciplinary actions within the department
  [commission], including a procedure allowing a department
  [commission] employee to elect to participate in an independent
  dismissal mediation if the employee is recommended for dismissal.
         Sec. 242.005 [61.0351].  PROFESSIONAL INFORMATION FOR
  ADVISORY BOARD MEMBERS AND EMPLOYEES.  The executive director 
  [commissioner] shall provide to members of any applicable [the]
  advisory board and to department [commission] employees, as often
  as is necessary, information regarding qualifications [their
  qualification] for office or employment under this chapter and
  [their] responsibilities under applicable laws relating to
  standards of conduct for state officers or employees.
         [Sec.   61.0352.     DIVISION OF RESPONSIBILITY. The board shall
  develop and implement policies that clearly separate the
  policymaking responsibilities of the board and the management
  responsibilities of the staff of the commission.]
         Sec. 242.006 [61.0353].  INTRA-AGENCY CAREER LADDER
  PROGRAM.  The program shall require intra-agency posting of all
  positions concurrently with any public postings.
         Sec. 242.007 [61.0354].  JOB PERFORMANCE EVALUATIONS.  The
  executive director [commissioner] shall develop a system of annual
  performance evaluations that are based on documented employee
  performance.  All merit pay for department [commission] employees
  must be based on the system established under this section.
         Sec. 242.008 [61.0355].  EQUAL EMPLOYMENT OPPORTUNITY
  POLICY STATEMENT.  (a)  The executive director [commissioner]
  shall prepare and maintain a written policy statement to assure
  implementation of a program of equal employment opportunity under
  which all personnel transactions are made without regard to race,
  color, disability, sex, religion, age, or national origin.  The
  policy statement shall include:
               (1)  personnel policies, including policies relating
  to recruitment, evaluation, selection, appointment, training, and
  promotion of personnel that are in compliance with requirements of
  Chapter 21, Labor Code;
               (2)  a comprehensive analysis of the department's
  [commission's] work force that meets federal or state laws, rules,
  and regulations and instructions promulgated directly from those
  laws, rules, and regulations;
               (3)  procedures by which a determination can be made
  about the extent of underuse in the department's [commission's]
  work force of all persons of whom federal or state laws, rules, and
  regulations and instructions promulgated directly from those laws,
  rules, and regulations encourage a more equitable balance; and
               (4)  reasonable methods to appropriately address those
  areas of underuse.
         (b)  A policy statement prepared under Subsection (a) must
  cover an annual period, be updated annually, be reviewed by the
  Texas Workforce Commission [on Human Rights] for compliance with
  Subsection (a)(1), and be filed with the governor's office.
         (c)  The governor's office shall deliver a biennial report to
  the legislature based on the information received under Subsection
  (b).  The report may be made separately or as a part of other
  biennial reports made to the legislature.
         Sec. 242.009 [61.0356].  JUVENILE CORRECTIONAL OFFICERS;
  STAFFING.  (a)  In this section, "juvenile correctional officer"
  means a department [an] employee whose primary duties include [duty
  includes] the custodial supervision of children in the custody of
  the department [commission].
         (b)  The department [commission] shall provide each juvenile
  correctional officer employed by the department [commission] with
  at least 300 hours of training, which must include on-the-job
  training, before the officer independently commences the officer's
  duties at the facility.  The training must provide the officer with
  information and instruction related to the officer's duties,
  including information and instruction concerning:
               (1)  the juvenile justice system of this state,
  including the juvenile correctional facility system;
               (2)  security procedures;
               (3)  the supervision of children committed to the
  department [commission];
               (4)  signs of suicide risks and suicide precautions;
               (5)  signs and symptoms of the abuse, assault, neglect,
  and exploitation of a child, including sexual abuse and sexual
  assault, and the manner in which to report the abuse, assault,
  neglect, or exploitation of a child;
               (6)  the neurological, physical, and psychological
  development of adolescents;
               (7)  department [commission] rules and regulations,
  including rules, regulations, and tactics concerning the use of
  force;
               (8)  appropriate restraint techniques;
               (9)  the Prison Rape Elimination Act of 2003 (42 U.S.C.
  Section 15601, et seq.);
               (10)  the rights and responsibilities of children in
  the custody of the department [commission];
               (11)  interpersonal relationship skills;
               (12)  the social and cultural lifestyles of children in
  the custody of the department [commission];
               (13)  first aid and cardiopulmonary resuscitation;
               (14)  counseling techniques;
               (15)  conflict resolution and dispute mediation,
  including de-escalation techniques;
               (16)  behavior management;
               (17)  mental health issues; and
               (18)  employee rights, employment discrimination, and
  sexual harassment.
         (c)  The department [commission] may employ part-time
  juvenile correctional officers.  A part-time juvenile correctional
  officer is subject to the training requirements of this section.
         (d)  In each correctional facility operated by the
  department [commission] that has a dormitory, including an open-bay
  dormitory, the department [commission] must maintain a ratio of not
  less than one juvenile correctional officer performing direct
  supervisory duties for every 12 persons committed to the facility.
         (e)  The department [commission] shall consider the age of a
  juvenile correctional officer or other department [commission]
  employee who performs direct supervisory duties when determining
  the placement of the officer or employee in a department
  [commission] facility so that, to the extent practicable, an
  officer or employee is not supervising a child who is not more than
  three years younger than the officer or employee or is otherwise a
  similar age to the officer or employee.
         (f)  The department [commission] shall rotate the assignment
  of each juvenile correctional officer at an interval determined by
  the department [commission] so that a juvenile correctional officer
  is not assigned to the same station for an extended period of time.
         (g)  The department [commission] shall ensure that at least
  one juvenile correctional officer is assigned to supervise in or
  near a classroom or other location in which children receive
  education services or training at the time the children are
  receiving the education services or training.
         (h)  The board [commission] shall adopt rules necessary to
  administer this section.
         Sec. 242.010 [61.0357].  REQUIRED BACKGROUND AND CRIMINAL
  HISTORY CHECKS.  (a)  In this section, "national[:
               [(1)     "Department" means the Department of Public
  Safety.
               [(2)  "National] criminal history record information"
  means criminal history record information obtained from the
  Department of Public Safety [department] under Subchapter F,
  Chapter 411, Government Code, and from the Federal Bureau of
  Investigation under Section 411.087, Government Code.
         (b)  The executive director [commissioner] shall review the
  national criminal history record information, state criminal
  history record information maintained by the Department of Public
  Safety [department], and previous and current employment
  references of each person who:
               (1)  is an employee, contractor, volunteer, ombudsman,
  or advocate working for the department [commission] or working in a
  department [commission] facility or a facility under contract with
  the department [commission];
               (2)  provides direct delivery of services to children
  in the custody of the department [commission]; or
               (3)  has access to records in department [commission]
  facilities or offices.
         (c)  To enable the executive director [commissioner] to
  conduct the review, the board [commission] shall adopt rules
  requiring a person described by Subsection (b) to electronically
  provide the Department of Public Safety [department] with a
  complete set of the person's fingerprints in a form and of a quality
  acceptable to the Department of Public Safety [department] and the
  Federal Bureau of Investigation.
         (d)  For each person described by Subsection (b), the
  executive director [commissioner] shall review on an annual basis
  the person's national criminal history record information.
         (e)  The department [commission] shall ensure that the
  system used to check state criminal history record information
  maintained by the Department of Public Safety [department] is
  capable of providing real time arrest information.
         (f)  The board [commission] by rule may require a person
  described by Subsection (b) to pay a fee related to the first
  national criminal history record information review conducted
  under this section.  The amount of the fee may not exceed the
  administrative costs incurred by the department [commission] in
  conducting the initial review, including the costs of obtaining the
  person's fingerprints.
         (g)  The board [commission] shall adopt rules necessary to
  administer this section.
         Sec. 242.011.  BIENNIAL BUDGET.  The executive director
  shall prepare a biennial budget of all funds necessary to be
  appropriated by the legislature to the department to carry out the
  purposes of this subtitle.  The budget shall be submitted and filed
  by the executive director in the form and manner and within the time
  prescribed by law.
  SUBCHAPTER B.  SECURE FACILITIES; SERVICES
         Sec. 242.051.  ADMINISTRATION OF INSTITUTIONS; CHARGE OF
  CHILDREN.  (a)  The department shall:
               (1)  administer the training, diagnostic treatment,
  and supervisory facilities and services of the state for children
  committed to the department; and
               (2)  manage and direct all institutions and training
  school facilities under the authority of the department.
         (b)  The department shall have general charge of and be
  responsible for the welfare, custody, and rehabilitation of the
  children in a school, facility, or program operated or funded by the
  department. The department shall seek to establish relationships
  and to organize a way of life that will meet the spiritual, moral,
  physical, emotional, intellectual, and social needs of the children
  under the department's care as those needs would be met in an
  adequate home.
         (c)  The department shall see that the buildings and premises
  are kept in good sanitary condition.
         Sec. 242.052.  BUILDINGS AND IMPROVEMENTS.  (a)  The
  department may design, construct, equip, furnish, and maintain
  buildings and improvements at facilities under the department's
  jurisdiction.
         (b)  The department may employ architects or engineers, or
  both, to prepare plans and specifications and to supervise the
  construction and improvements described by Subsection (a).
         (c)  The board shall promulgate rules relating to the award
  of contracts for the construction of buildings and improvements.
  The rules shall provide for the award of contracts for the
  construction of buildings and improvements to the qualified bidder
  making the lowest and best bid. A construction contract may not be
  awarded for a sum in excess of the amount of funds available for the
  project. The department may reject any and all bids submitted.
         (d)  If a project is financed wholly or partly by federal
  funds, any standards required by the enabling federal statute or
  required by the rules of the administering federal agency control
  over this section.
         (e)  The department may employ professional, technical, and
  clerical personnel to carry out the design and construction
  functions required by this section.
         [Sec.   61.036.     COOPERATION WITH OTHER AGENCIES.   (a)     The
  commission shall cooperate with all existing agencies and encourage
  the establishment of new programs, both local and statewide, the
  object of which is services to delinquent and predelinquent youth
  of this state.
         [(b)     The commission may assist in developing,
  strengthening, and coordinating educational, welfare, health,
  recreational, and law-enforcement programs which have as their
  object the prevention of juvenile delinquency and crime.]
         Sec. 242.053 [61.037].  USE OF EXISTING INSTITUTIONS AND
  AGENCIES.  (a)  In carrying out the department's [its] duties, the
  department [commission] may make use of law-enforcement,
  detention, supervisory, medical, educational, correctional, and
  other facilities, institutions, and agencies in the state. This
  section does not authorize the department [commission] to assume
  control of any other agency, institution, or facility in the state,
  or to require any agency, institution, or facility to serve the
  department [commission] in a manner inconsistent with the [its]
  authority or function of the agency, institution, or facility or
  with any law or regulation governing the [its] activity of the
  agency, institution, or facility.
         (b)  When funds are available for the purpose, the department
  [commission] may enter into agreements with appropriate public or
  private agencies for the separate care and treatment of persons
  subject to the control of the department [commission]. The
  department [commission] may not make use of any private institution
  or agency without its consent. The department [commission] shall
  make reasonable efforts to ensure that the expenditure of
  appropriations for the purchase of contract residential care for
  children, not including the purchase of care in foster family
  homes, be allocated to providers on a fixed monthly basis if that
  allocation [it] is cost-effective and the number, type, needs, and
  conditions of the children to be served is reasonably constant.
         (c)  The department [commission] shall periodically inspect
  all public and private institutions and agencies whose facilities
  the department [it] is using. Every public and private institution
  and agency shall allow [afford to] the department [commission]
  reasonable opportunity to examine and consult with children who
  have been committed to the department [commission] and who are in
  the custody of the institution or agency.
         (d)  Placement of a child in, or the release of a child by,
  any institution not operated by the department [commission] does
  not terminate the authority of the department [commission] over the
  child. No child placed in an institution or under an agency by the
  department [commission] may be released by the institution or
  agency without the approval of the department [commission].
         Sec. 242.054 [61.038].  HALFWAY HOUSE PROGRAM.  (a)  The
  department [commission] may not develop a halfway house to be
  operated by the department [commission] if an appropriate private
  halfway house program is contractually available and the costs
  under the contract are less than the costs would be if the
  department [commission] provided the services.
         (b)  Before the department [commission] contracts for the
  development of a halfway house program, the department [commission]
  shall send prospective service providers a request for a proposal
  that identifies the program services desired, the population to be
  served, and potential locations for the program. The department
  [commission] shall select the service provider that submits the
  proposal that best meets the department's [commission's] needs
  according to standards established by the department [commission].
  If the department [commission] does not receive a proposal that
  meets its needs, the department [commission] may request funds from
  the legislature for the development of a halfway house to be
  operated by the department [commission].
         (c)  This section does not apply to halfway houses operated
  by the department [commission] on September 1, 1987.
         Sec. 242.055 [61.0385].  CRISIS INTERVENTION AND ASSESSMENT
  CENTERS.  The department [commission] may establish a children's
  crisis intervention and assessment center at a facility owned or
  operated by the department [commission]. The department
  [commission] may contract with another entity for the provision or
  use of services at the center.
         Sec. 242.056 [61.0386].  ADVOCACY AND SUPPORT GROUPS.  
  (a)  The department [commission] shall allow advocacy and support
  groups whose primary functions are to benefit children, inmates,
  girls and women, the mentally ill, or [and] victims of sexual
  assault to provide on-site information, support, and other services
  for children confined in department [commission] facilities.
         (b)  The department [commission] shall adopt security and
  privacy procedures for advocacy and support groups that provide
  on-site information, support, and other services under this
  section.  The security and privacy procedures may not be designed
  to deny an advocacy or support group access to children confined in
  department [commission] facilities.
         (c)  The department [commission] shall adopt standards
  consistent with standards adopted by the Texas Department of
  Criminal Justice regarding the confidential correspondence of
  children confined in department [commission] facilities with
  external entities, including advocacy and support groups.
         Sec. 242.057 [61.039].  DEPARTMENT [COMMISSION] PROGRAMS.  
  (a)  The department [commission] shall develop and use standards
  based on performance to evaluate and compare programs operated by
  the department [commission].
         (b)  When practicable and feasible, the department
  [commission] shall provide specific performance standards for a
  program serving 10 or more children through an agreement entered
  into under Section 242.053 [61.037 of this chapter]. In the
  performance standards, the department [commission] shall include
  outcome measures for evaluating the quality of services provided
  under the agreement.
         (c)  For the purposes of comparison, the department
  [commission] shall use performance standards that are as consistent
  as practicable with those used to evaluate and compare programs
  operated by the department [commission], that measure the benefits
  and cost-effectiveness of the respective programs, and that measure
  the average length of stay and rate of recidivism of the children in
  the program.
         Sec. 242.058 [61.0395].  SERVICES FOR CHILDREN NOT
  COMMITTED TO THE DEPARTMENT [COMMISSION].  The department
  [commission] may provide services to a child not committed to the
  department [commission] if the department [commission] contracts
  with a local juvenile probation department, the Health and [Texas
  Department of] Human Services Commission, or the Department of
  Family and Protective [and Regulatory] Services to provide services
  to the child.
         Sec. 242.059 [61.040].  ADDITIONAL FACILITIES; PAROLE
  SUPERVISION.  When funds are available, the department [commission]
  may:
               (1)  establish and operate places for detention and
  diagnosis of children committed to it;
               (2)  establish and operate additional treatment and
  training facilities, including forestry or parks-maintenance camps
  and ranches, necessary to classify and treat children committed to
  the department [commission] according to their needs;
               (3)  establish active parole supervision to aid
  children given conditional release to find homes and employment and
  to become reestablished in the community; and
               (4)  assist in establishing training facilities and
  programs owned and operated by private individuals or organizations
  which agree to provide services to children committed to the
  department [commission], including programs for children needing
  long-term residential care.
         Sec. 242.060 [61.0401].  COMPUTATION OF DAILY COSTS OF
  FACILITY.  In computing the daily costs of a residential facility
  operated by the department [commission], the department
  [commission] shall use a standard method that is:
               (1)  consistent with methods used by other state
  agencies; and
               (2)  [that is] designed to reflect the actual cost to
  the state of operating the facility.
         Sec. 242.061 [61.041.     STUDY OF TREATMENT METHODS;
  STATISTICAL RECORDS.   (a)     The commission shall conduct continuing
  inquiry into the effectiveness of the treatment methods it employs
  in the reformation of children. To this end, the commission shall
  maintain a record of arrests and commitments of its wards
  subsequent to their discharge from the jurisdiction of the
  commission and shall tabulate, analyze, and publish biennially
  these data for use in evaluating the relative merits of treatment
  methods.
         [(b)     The commission shall cooperate with courts and private
  and public agencies in the collection of statistics and information
  regarding juvenile delinquency, arrests made, complaints,
  informations, and petitions filed, and the dispositions made of
  them, and other information useful in determining the amount and
  causes of juvenile delinquency in this state.
         [Sec.  61.042].  REFERRALS FROM FEDERAL COURT.  The
  department [commission] may enter into agreements with the federal
  government to accept children from the federal court for an agreed
  compensation.
         Sec. 242.062  [61.0421.     PUBLIC INTEREST INFORMATION.   The
  commission shall prepare information of public interest describing
  the functions of the commission and describing the procedures by
  which complaints are filed with and resolved by the commission. The
  commission shall make the information available to the general
  public and appropriate state agencies.
         [Sec.   61.0422.     COMPLAINTS REGARDING SERVICES. (a)     The
  commission shall maintain a system to promptly and efficiently act
  on a 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 procedures for complaint investigation
  and resolution.
         [(c)     The commission shall periodically notify the complaint
  parties of the status of the complaint until final disposition,
  unless the notice would jeopardize an undercover investigation.
         [(d)     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.
         [Sec.   61.0423.     PUBLIC HEARINGS. (a)     The board shall
  develop and implement policies that provide the public with a
  reasonable opportunity to appear before the board and to speak on
  any issue under the jurisdiction of the commission.
         [(b)     The board 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.
         [Sec.   61.043.     GIFTS; GRANTS.   The commission may accept
  gifts, grants, or donations of money or property from private
  sources to effectuate the purpose of this chapter. Donated funds
  shall be placed in the state treasury in a special fund called the
  Texas Youth Commission Fund and expended as other state money is
  expended, on warrants drawn by the comptroller on the order of the
  commission. At the end of each state fiscal year, any unexpended
  balance in the fund shall be carried over in the same fund.
         [Sec. 61.0431].  SPECIAL ACCOUNTS.  (a)  Proceeds from the
  operation of canteens and vending machines at facilities under the
  jurisdiction of the department [commission] shall be deposited to
  the credit of a special account in the General Revenue Fund called
  the canteen revolving fund. The proceeds shall be used to pay the
  actual expenses of maintaining and operating the canteens and
  vending machines.
         (b)  Proceeds in excess of the amount required for the 
  [those] expenses described by Subsection (a), donations for student
  activities, and proceeds from children's fundraising projects
  shall be deposited to the credit of a special account in the General
  Revenue Fund called the student benefit fund and may be used only
  to:
               (1)  provide education, recreation, and entertainment
  to children committed to the department [commission]; or
               (2)  reimburse children committed to the department
  [commission] for personal property lost or damaged as a result of
  negligence by the staff of the department [commission].
         (c) [(b)]  Proceeds from shop projects at the facilities
  under the department's [commission's] jurisdiction shall be
  deposited to the credit of a special account in the General Revenue
  Fund called the vocational shop fund and may be used only to:
               (1)  purchase and maintain parts, tools, and other
  supplies necessary for the shop projects; and
               (2)  [to] compensate the students who participate in
  the projects.
         (d) [(c)]  Registration fees from seminars and conferences
  conducted by the department [commission] shall be deposited to the
  credit of a special account in the General Revenue Fund called the
  conference account and may be used only to pay the costs of
  conducting seminars and conferences.
         (e) [(d)]  Money in the special accounts described by this
  section is appropriated for the purposes indicated in this section
  and shall be expended on warrants drawn by the comptroller on the
  order of the department [commission].
         Sec. 242.063 [61.0432].  STUDENT TRUST FUND; CONTRABAND
  MONEY.  (a)  Except as provided by Subsection (b), money belonging
  to a child committed to the department [commission] in excess of the
  amount the department [commission] allows in a child's possession
  shall be deposited in a trust fund established by the facility
  operated by the department [commission] to which the child is
  assigned.  The board [commission] shall adopt rules governing the
  administration of the trust fund.
         (b)  Money possessed by a child committed to the department
  [commission] that is determined to be contraband money as defined
  by department [commission] rule shall be deposited in the student
  benefit fund described by Section 242.062(b) [61.0431].  The
  department [commission] shall notify each child committed to the
  department [commission] that the possession of contraband money is
  subject to confiscation by the department [commission] under this
  subsection.
         Sec. 242.064 [61.0433].  DEBIT CARD SUSPENSE ACCOUNTS.  
  (a)  The department [commission] may establish debit card suspense
  accounts necessary to operate magnetic debit card systems at
  facilities under the jurisdiction of the department [commission] to
  enable the students, employees, and visitors to make purchases of:
               (1)  merchandise from vending machines or canteens
  within the facilities;
               (2)  meals from cafeterias within the facilities; and
               (3)  services that the facilities are authorized to
  provide.
         (b)  Cash received from cash-to-card machines and amounts
  electronically transferred for card use from the students' trust
  fund accounts shall be deposited to debit card suspense accounts in
  local depositories and held pending card purchases.
         (c)  Transfers of cash based on card use for purchases of
  merchandise or services shall be made from the debit card suspense
  accounts to the appropriate vendors and to accounts in the state
  treasury in accordance with laws governing receipt of state
  revenues.
         (d)  Unused debit card balances shall be refunded to the card
  holders from the debit card suspense accounts.
         Sec. 242.065 [61.044.     BIENNIAL BUDGET.   The executive
  commissioner shall prepare a biennial budget of all funds necessary
  to be appropriated by the legislature to the commission to carry out
  the purposes of this chapter.   The budget shall be submitted and
  filed by the executive commissioner in the form and manner and
  within the time prescribed by law.
         [Sec.   61.045.     OPERATIONS OF PROGRAMS AND FACILITIES.  
  (a)     The commission shall have general charge of and be responsible
  for the welfare, custody, and rehabilitation of the children in a
  school, facility, or program operated or funded by the commission.
  The commission shall seek to establish relationships and to
  organize a way of life that will meet the spiritual, moral,
  physical, emotional, intellectual, and social needs of the children
  under its care as those needs would be met in an adequate home.
         [(b)     The commission shall see that the buildings and
  premises are kept in good sanitary order.
         [Sec.   61.0451.     OFFICE OF INSPECTOR GENERAL. (a)     The
  office of inspector general is established at the commission for
  the purpose of investigating:
               [(1)     crimes committed by commission employees,
  including parole officers employed by or under a contract with the
  commission; and
               [(2)     crimes and delinquent conduct committed at a
  facility operated by the commission, 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.
         [(b)     The office of inspector general shall prepare and
  deliver a report concerning the results of any investigation
  conducted under this section to:
               [(1)  the executive commissioner;
               [(2)  the advisory board;
               [(3)  the governor;
               [(4)  the lieutenant governor;
               [(5)  the speaker of the house of representatives;
               [(6)     the standing committees of the senate and house
  of representatives with primary jurisdiction over matters
  concerning correctional facilities;
               [(7)  the special prosecution unit;
               [(8)  the state auditor; and
               [(9)     any other appropriate state agency responsible
  for licensing or certifying commission employees or facilities.
         [(c)     The report prepared under Subsection (b) must include a
  summary of the actions performed by the office of inspector general
  in conducting the investigation, a statement of whether the
  investigation resulted in a finding that a criminal offense or
  delinquent conduct occurred, and a description of the finding.     The
  report is public information under Chapter 552, Government Code,
  only to the extent authorized under that chapter and other law.
         [(d)     The office of inspector general may employ and
  commission inspectors general as peace officers for the purpose of
  carrying out the duties described by this section.   An inspector
  general shall have all of the powers and duties given to peace
  officers under Article 2.13, Code of Criminal Procedure.
         [(e)     Peace officers employed and commissioned under
  Subsection (d) must:
               [(1)     be certified by the Commission on Law Enforcement
  Officer Standards and Education under Chapter 1701, Occupations
  Code; and
               [(2)     complete advanced courses relating to the duties
  of peace officers employed and commissioned under Subsection (d) as
  part of any continuing education requirements for the peace
  officers.
         [(f)     The executive commissioner shall select a commissioned
  peace officer as chief inspector general.     The chief inspector
  general is subject to the requirements of this section and may only
  be discharged for cause.
         [(g)     The chief inspector general shall on a quarterly basis
  prepare and deliver a report concerning the operations of the
  office of inspector general to:
               [(1)  the executive commissioner;
               [(2)  the advisory board;
               [(3)  the governor;
               [(4)  the lieutenant governor;
               [(5)  the speaker of the house of representatives;
               [(6)     the standing committees of the senate and house
  of representatives with primary jurisdiction over correctional
  facilities;
               [(7)  the state auditor; and
               [(8)  the comptroller.
         [(h)     A report prepared under Subsection (g) is public
  information under Chapter 552, Government Code, to the extent
  authorized under that chapter and other law, and the commission
  shall publish the report on the commission's Internet website.   A
  report must be both aggregated and disaggregated by individual
  facility and include information relating to:
               [(1)     the types of investigations conducted by the
  office of inspector general, such as whether an investigation
  concerned narcotics or an alleged incident of sexual abuse;
               [(2)     the relationship of a victim to a perpetrator, if
  applicable; and
               [(3)     the number of investigations conducted
  concerning suicides, deaths, and hospitalizations of children in
  the custody of the commission.
         [(i)     The office of inspector general shall immediately
  report to the executive director, the 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, 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.
         [Sec.   61.0452.     TOLL-FREE NUMBER.   (a)     The commission shall
  establish a permanent, toll-free number for the purpose of
  receiving any information concerning the abuse, neglect, or
  exploitation of children in the custody of the commission.
         [(b)  The office of inspector general shall ensure that:
               [(1)     the toll-free number is prominently displayed in
  each commission facility; and
               [(2)     children in the custody of the commission and
  commission employees have confidential access to telephones for the
  purpose of calling the toll-free number.
         [Sec. 61.046].  RELIGIOUS TRAINING.  The department
  [commission] shall provide for the religious and spiritual training
  of children in its custody according to the children's individual
  choices.
         Sec. 242.066 [61.0461].  EMPLOYMENT OR DESIGNATION OF
  CHAPLAIN AT CERTAIN DEPARTMENT [COMMISSION] FACILITIES.  The
  department [commission] shall ensure that a chaplain is employed or
  formally designated for each department [commission] correctional
  facility that is an institution.
         Sec. 242.067 [61.047].  VIOLENCE PREVENTION AND CONFLICT
  RESOLUTION EDUCATION.  The department [commission] shall provide
  education in violence prevention and conflict resolution that
  includes discussion of domestic violence and child abuse issues to
  all children in its custody.
         Sec. 242.068 [61.048.     BUILDINGS AND IMPROVEMENTS.  
  (a)     The commission may design, construct, equip, furnish, and
  maintain buildings and improvements at facilities under its
  jurisdiction. The commission may employ architects or engineers,
  or both, to prepare plans and specifications and to supervise the
  construction and improvements. The commission shall promulgate
  rules relating to the award of contracts for the construction of
  buildings and improvements. The rules shall provide for the award
  of contracts for the construction of buildings and improvements to
  the qualified bidder making the lowest and best bid. A construction
  contract may not be awarded for a sum in excess of the amount of
  funds available for the project. The commission may reject any and
  all bids submitted.
         [(b)     If a project is financed in whole or in part by federal
  funds, any standards required by the enabling federal statute or
  required by the rules of the administering federal agency control
  over this section.
         [(c)     The commission may employ professional, technical, and
  clerical personnel to carry out the design and construction
  functions required by this section.
         [Sec. 61.050].  FIRE PROTECTION ACTIVITIES.  (a)  The
  department [commission] may perform fire protection, fire
  prevention, and fire suppression activities at department
  [commission] facilities.
         (b)  The department [commission] may prescribe circumstances
  under which, for the benefit of the public safety and welfare,
  department [commission] employees using department [commission]
  equipment may assist municipal or volunteer fire departments in the
  performance of fire protection, fire prevention, or fire
  suppression activities near department [commission] facilities.
         Sec. 242.069 [61.051].  CLIENT SERVICE CONTRACT STANDARDS.  
  In each contract for the purchase of residential program-related
  client services, the department [commission] shall include:
               (1)  clearly defined contract goals, outputs, and
  measurable outcomes that relate directly to program objectives;
               (2)  clearly defined sanctions or penalties for failure
  to comply with or perform contract terms or conditions; and
               (3)  clearly specified accounting, reporting, and
  auditing requirements applicable to money received under the
  contract.
         Sec. 242.070 [61.052].  CONTRACT MONITORING.  The
  department [commission] shall establish a formal program to monitor
  residential program-related client services contracts made by the
  department [commission]. The department [commission] must:
               (1)  monitor compliance with financial and performance
  requirements using a risk assessment methodology; and
               (2)  obtain and evaluate program cost information to
  ensure that each cost, including an administrative cost, is
  reasonable and necessary to achieve program objectives.
         Sec. 242.071 [61.053.     MEDICAID BENEFITS.   The commission
  shall apply for benefits under the federal Medicaid program if
  application is cost effective in reducing health care costs
  incurred by the commission.
         [Sec. 61.054].  SALE OR LICENSE OF TREATMENT PROGRAMS.  
  (a)  The department [commission] may sell or license to an
  individual or a private or public entity the right to use a
  treatment program developed by the department [commission].
         (b)  Proceeds from the sale or license of a treatment program
  shall be deposited to the credit of the fund that provided the money
  to finance the development of the treatment program.
         (c)  At the end of each fiscal year, any unexpended proceeds
  from the sale or license of a treatment program shall be carried
  over to the next fiscal year to the credit of the fund that provided
  the money to finance the development of the treatment program.
  SUBCHAPTER C.  ABUSE OR CRIMES COMMITTED AT DEPARTMENT
  FACILITIES OR BY DEPARTMENT EMPLOYEES
         Sec. 242.101 [61.055].  ZERO-TOLERANCE POLICY.  (a)  The
  department [commission] shall adopt and enforce a zero-tolerance
  policy concerning the detection, prevention, and punishment of the
  sexual abuse, including consensual sexual contact, of children in
  the custody of the department [commission].
         (b)  The department [commission] shall establish standards
  for reporting and collecting data on the sexual abuse of children in
  the custody of the department [commission].
         (c)  The department [commission] shall establish a procedure
  for children in the custody of the department [commission] and
  department [commission] employees to report incidents of sexual
  abuse involving a child in the custody of the department
  [commission].  The procedure must designate a person employed at
  the department [commission] facility in which the abuse is alleged
  to have occurred as well as a person who is employed at the
  department's [commission's] headquarters to whom a person may
  report an incident of sexual abuse.
         (d)  The department [commission] shall prominently display
  the following notice in the office of the chief administrator of
  each department [commission] facility, the employees' break room of
  each department [commission] facility, the cafeteria of each
  department [commission] facility, and at least six additional
  locations in each department [commission] facility:
         THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
  REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
  A CHILD IN THE CUSTODY OF THE DEPARTMENT [COMMISSION].  ANY SUCH
  VIOLATION MUST BE REPORTED TO __________.
         Sec. 242.102.  OFFICE OF INSPECTOR GENERAL. (a)  The office
  of inspector general is established at the department under the
  direction of the board for the purpose of investigating:
               (1)  crimes committed by department employees,
  including parole officers employed by or under a contract with the
  department; and
               (2)  crimes and delinquent conduct committed at a
  facility operated by the department, a residential facility
  operated by another entity under a contract with the department, or
  any facility in which a child committed to the custody of the
  department is housed or receives medical or mental health
  treatment.
         (b)  The office of inspector general shall prepare and
  deliver a report concerning the results of any investigation
  conducted under this section to:
               (1)  the board;
               (2)  the executive director;
               (3)  any applicable advisory board;
               (4)  the governor;
               (5)  the lieutenant governor;
               (6)  the speaker of the house of representatives;
               (7)  the standing committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities;
               (8)  the special prosecution unit;
               (9)  the state auditor; and
               (10)  any other appropriate state agency responsible
  for licensing or certifying department employees or facilities.
         (c)  The report prepared under Subsection (b) must include a
  summary of the actions performed by the office of inspector general
  in conducting the investigation, a statement of whether the
  investigation resulted in a finding that a criminal offense or
  delinquent conduct occurred, and a description of the finding.  The
  report is public information under Chapter 552, Government Code,
  only to the extent authorized under that chapter and other law.
         (d)  The office of inspector general may employ and
  commission inspectors general as peace officers for the purpose of
  carrying out the duties described by this section.  An inspector
  general shall have all of the powers and duties given to peace
  officers under Article 2.13, Code of Criminal Procedure.
         (e)  Peace officers employed and commissioned under
  Subsection (d) must:
               (1)  be certified by the Commission on Law Enforcement
  Officer Standards and Education under Chapter 1701, Occupations
  Code; and
               (2)  complete advanced courses relating to the duties
  of peace officers employed and commissioned under Subsection (d) as
  part of any continuing education requirements for the peace
  officers.
         (f)  The board shall select a commissioned peace officer as
  chief inspector general.  The chief inspector general:
               (1)  operates directly under the authority of the
  board;
               (2)  is subject to the requirements of this section;
  and
               (3)  may only be discharged by the board for cause.
         (g)  The chief inspector general shall on a quarterly basis
  prepare and deliver a report concerning the operations of the
  office of inspector general to:
               (1)  the board;
               (2)  the executive director;
               (3)  any applicable advisory board;
               (4)  the governor;
               (5)  the lieutenant governor;
               (6)  the speaker of the house of representatives;
               (7)  the standing committees of the senate and house of
  representatives with primary jurisdiction over correctional
  facilities;
               (8)  the state auditor; and
               (9)  the comptroller.
         (h)  A report prepared under Subsection (g) is public
  information under Chapter 552, Government Code, to the extent
  authorized under that chapter and other law, and the department
  shall publish the report on the department's Internet website.  A
  report must be both aggregated and disaggregated by individual
  facility and include information relating to:
               (1)  the types of investigations conducted by the
  office of inspector general, such as whether an investigation
  concerned narcotics or an alleged incident of sexual abuse;
               (2)  the relationship of a victim to a perpetrator, if
  applicable; and
               (3)  the number of investigations conducted concerning
  suicides, deaths, and hospitalizations of children in the custody
  of the department.
         (i)  The office of inspector general shall immediately
  report to the board, the governor's general counsel, and the state
  auditor:
               (1)  any particularly serious or flagrant problem
  concerning the administration of a department program or operation;
  or
               (2)  any interference by the executive director, an
  employee of the department, 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.
         Sec. 242.103 [61.0455].  DETECTION AND MONITORING OF
  CELLULAR TELEPHONES. (a)  The department [commission] may own and
  the office of the inspector general may possess, install, operate,
  or monitor an electronic, mechanical, or other device, as defined
  by Article 18.20, Code of Criminal Procedure.
         (b)  The inspector general shall designate in writing the
  commissioned officers of the office of inspector general who are
  authorized to possess, install, operate, and monitor electronic,
  mechanical, or other devices for the department [commission].
         (c)  An investigative or law enforcement officer or other
  person, on request of the office of inspector general, may assist
  the office in the operation and monitoring of an interception of
  wire, oral, or electronic communications if the investigative or
  law enforcement officer or other person:
               (1)  is designated by the executive director
  [commissioner] for that purpose; and
               (2)  acts in the presence and under the direction of a
  commissioned officer of the inspector general.
  CHAPTER 243 [SUBCHAPTER D].  ADMISSION AND COMMITMENT; ESCAPE
  SUBCHAPTER A.  ADMISSION AND COMMITMENT
         Sec. 243.001 [61.061].  PLACEMENT IN DEPARTMENT 
  [COMMISSION] FACILITIES.  (a)  The department [commission] may not
  assign a child younger than 15 years of age to the same correctional
  facility dormitory as a person who is at least 17 years of age
  unless the department [commission] determines that the placement is
  necessary to ensure the safety of children in the custody of the
  department [commission].  This subsection does not apply to a
  dormitory that is used exclusively for short-term assessment and
  orientation purposes.
         (b)  The board [commission] by rule shall adopt scheduling,
  housing, and placement procedures for the purpose of protecting
  vulnerable children in the custody of the department [commission].  
  The procedures must address the age, physical condition, and
  treatment needs of a child as well as any other relevant factor.
         (c)  The department [commission] shall consider the
  proximity of the residence of a child's family in determining the
  appropriate department [commission] facility in which to place a
  child.
         Sec. 243.002 [61.062].  ESTABLISHMENT OF MINIMUM LENGTH OF
  STAY.  (a)  The department [commission] shall establish a minimum
  length of stay for each child committed to the department
  [commission] without a determinate sentence.
         (b)  In establishing a minimum length of stay for a child,
  the department [commission] shall consider:
               (1)  the nature of and seriousness of the conduct
  engaged in by the child; and
               (2)  the danger the child poses to the community.
         Sec. 243.003 [61.064].  CONVEYANCE OF CHILD TO DEPARTMENT 
  [COMMISSION].  (a)  When a child is to be conveyed to a facility
  designated by the department [commission], the juvenile court shall
  assign an officer or other suitable person to accompany the child.
  The person assigned to accompany a female must be a woman.
         (b)  The cost of conveying the child shall be paid by the
  county from which the child is committed, except that[. However,]
  no compensation shall be allowed other than [except] for the actual
  and necessary expenses of the child and the person accompanying the
  child.
         Sec. 243.004 [61.065].  NOTIFICATION AND DUTY TO FURNISH
  INFORMATION.  (a)  When a juvenile court commits a child to the
  department [commission], the court shall forward to the department
  [commission] a certified copy of the order of commitment.
         (b)  The court, the probation officer, the prosecuting and
  police authorities, the school authorities, and other public
  officials shall make available to the department [commission] all
  pertinent information in their possession regarding the case.
         (c)  If requested by the department [commission], the
  reports required by this section shall be made on forms furnished by
  the department [commission] or according to an outline furnished by
  the department [commission].
         Sec. 243.005 [61.0651].  INFORMATION PROVIDED BY COMMITTING
  COURT.  In addition to the information provided under Section
  243.004 [61.065], a court that commits a child to the department
  [commission] shall provide the department [commission] with a copy
  of the following documents:
               (1)  the petition and the adjudication and disposition
  orders for the child, including the child's thumbprint;
               (2)  if the commitment is a result of revocation of
  probation, a copy of the conditions of probation and the revocation
  order;
               (3)  the social history report for the child;
               (4)  any psychological or psychiatric reports
  concerning the child;
               (5)  the contact information sheet for the child's
  parents or guardian;
               (6)  any law enforcement incident reports concerning
  the offense for which the child is committed;
               (7)  any sex offender registration information
  concerning the child;
               (8)  any juvenile probation department progress
  reports concerning the child;
               (9)  any assessment documents concerning the child;
               (10)  the computerized referral and case history for
  the child, including case disposition;
               (11)  the child's birth certificate;
               (12)  the child's social security number or social
  security card, if available;
               (13)  the name, address, and telephone number of the
  court administrator in the committing county;
               (14)  Title IV-E eligibility screening information for
  the child, if available;
               (15)  the address in the committing county for
  forwarding funds collected to which the committing county is
  entitled;
               (16)  any of the child's school or immunization records
  that the committing county possesses;
               (17)  any victim information concerning the case for
  which the child is committed; and
               (18)  any of the child's pertinent medical records that
  the committing court possesses.
         Sec. 243.006 [61.066].  COMMITMENT RECORDS.  A commitment to
  the department [commission] may not be received in evidence or used
  in any way in any proceedings in any court except in:
               (1)  subsequent proceedings under Title 3 of the Family
  Code against the same child;
               (2)  imposing sentence in any criminal proceedings
  against the same person; or
               (3)  subsequent civil commitment proceedings under
  Chapter 841, Health and Safety Code, regarding the same person.
         Sec. 243.007 [61.067].  INFORMATION PROVIDED TO COMMITTING
  COURT. (a)  If a court that commits a child to the department
  [commission] requests, in the commitment order, that the department
  [commission] keep the court informed of the progress the child is
  making while committed to the department [commission], the
  department [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 department [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.
  SUBCHAPTER B.  ESCAPE AND VIOLATION OF RELEASE CONDITIONS
         Sec. 243.051.  APPREHENSION AFTER ESCAPE OR VIOLATION OF
  RELEASE CONDITIONS.  (a)  If a child who has been committed to the
  department and placed by the department in any institution or
  facility has escaped or has been released under supervision and
  broken the conditions of release:
               (1)  a sheriff, deputy sheriff, constable, or police
  officer may, without a warrant, arrest the child; or
               (2)  a department employee designated by the executive
  director may, without a warrant or other order, take the child into
  the custody of the department.
         (b)  A child who is arrested or taken into custody under
  Subsection (a) may be detained in any suitable place, including an
  adult jail facility if the person is 17 years of age or older, until
  the child is returned to the custody of the department or
  transported to a department facility.
         (c)  Notwithstanding Section 58.005, Family Code, the
  department may disseminate to the public the following information
  relating to a child who has escaped from custody:
               (1)  the child's name, including other names by which
  the child is known;
               (2)  the child's physical description, including sex,
  weight, height, race, ethnicity, eye color, hair color, scars,
  marks, and tattoos;
               (3)  a photograph of the child; and
               (4)  if necessary to protect the welfare of the
  community, any other information that reveals dangerous
  propensities of the child or expedites the apprehension of the
  child.
         Sec. 243.052.  APPREHENSION SPECIALISTS.  (a)  The
  department may employ and commission apprehension specialists as
  peace officers for the purpose of apprehending a child under
  Section 243.051.
         (b)  Peace officers employed and commissioned under
  Subsection (a) must be certified by the Texas Commission on Law
  Enforcement Officer Standards and Education under Chapter 1701,
  Occupations Code.
  CHAPTER 244 [SUBCHAPTER E].  CARE AND TREATMENT OF CHILDREN
  SUBCHAPTER A.  GENERAL CARE AND TREATMENT OF CHILDREN
         Sec. 244.001 [61.071].  INITIAL EXAMINATION.  (a)  The
  department [commission] shall examine and make a study of each
  child committed to it within three business days [as soon as
  possible] after commitment.  The study shall be made according to
  rules established by the board [commission] and shall include:
               (1)  long-term and specialized treatment planning for
  the child; and
               (2)  consideration of the child's:
                     (A)  medical history;[,]
                     (B)  substance abuse;[, and]
                     (C)  treatment history;[, including the child's]
                     (D)  psychiatric history; [and substance abuse
  history]
                     (E)  sex offender history; and
                     (F)  violent offense history.
         (a-1)  As soon as possible, the department shall develop a
  written treatment plan for the child which outlines the specialized
  treatment needs identified by the study described by Subsection
  (a), makes recommendations for meeting the child's specialized
  treatment needs, and makes an individually tailored statement of
  treatment goals, objectives, and timelines.
         (b)  For a child for whom a minimum length of stay is
  established under Section 243.002 [61.062] of one year or longer,
  the initial examination must include a comprehensive psychiatric
  evaluation unless the department had received the results of a
  comprehensive evaluation of the child conducted not more than 90
  days before the date of the initial examination.
         (c)  The department [commission] shall administer
  comprehensive psychological assessments to a child as part of the
  child's initial examination, including assessments designed to
  identify whether a child is in need of a psychiatric evaluation.  If
  the results of a child's psychological assessments indicate that
  the child is in need of a psychiatric evaluation, the department 
  [commission] shall as soon as practicable conduct a psychiatric evaluation of the child.
 
         (d)  The board shall establish rules for the periodic review
  and reevaluation of the written treatment plan as described by
  Subsection (a-1).
         Sec. 244.002 [61.0711.     HEALTH CARE DELIVERY SYSTEM.  
  (a)     In providing medical care, behavioral health care, or
  rehabilitation services, the commission shall integrate the
  provision of those services in an integrated comprehensive delivery
  system.
         [(b)     The delivery system may be used to deliver any medical,
  behavioral health, or rehabilitation services provided to a child
  in the custody of the commission, including:
               [(1)  health care;
               [(2)  dental care;
               [(3)  behavioral health care;
               [(4)  substance abuse treatment;
               [(5)  nutrition;
               [(6)  programming;
               [(7)  case management; and
               [(8)     general rehabilitation services, including
  educational, spiritual, daily living, recreational, and security
  services.
         [Sec.  61.072].  REEXAMINATION.  (a)  The department
  [commission] shall periodically reexamine each child under its
  control, except those on release under supervision or in foster
  homes, for the purpose of determining whether a rehabilitation plan
  made by the department [commission] concerning the child should be
  modified or continued.
         (b)  The reexamination [examination] must include a study of
  all current circumstances of a child's personal and family
  situation and an evaluation of the progress made by the child since
  the child's last examination.
         (c)  The reexamination [examination] of a child may be made
  as frequently as the department [commission] considers necessary,
  but shall be made at intervals not exceeding six months.
         Sec. 244.003  [61.073].  RECORDS OF EXAMINATIONS AND
  TREATMENT.  (a)  The department [commission] shall keep written
  records of all examinations and conclusions based on them and of all
  orders concerning the disposition or treatment of each child
  subject to its control.
         (b)  Except as provided by Section 243.051(c) [61.093(c)],
  these records and all other information concerning a child,
  including personally identifiable information, are not public and
  are available only according to the provisions of Section 58.005,
  Family Code, Section 244.051 [61.0731, Human Resources Code], and
  Chapter 61, Code of Criminal Procedure.
         Sec. 244.004  [61.0731.     INFORMATION AVAILABLE TO CHILDREN,
  PARENTS, AND OTHERS. (a)     In the interest of achieving the purpose
  of the commission and protecting the public, the commission may
  disclose records and other information concerning a child to the
  child and the child's parent or guardian only if disclosure would
  not materially harm the treatment and rehabilitation of the child
  and would not substantially decrease the likelihood of the
  commission receiving information from the same or similar sources
  in the future. Information concerning a person who is age 18 or
  older may not be disclosed to the person's parent or guardian
  without the person's consent.
         [(b)     The commission may disclose information regarding a
  child's location and committing court to a person having a
  legitimate need for the information.
         [(c)     The commission may disclose to a peace officer or law
  enforcement agency images of children recorded by an electronic
  recording device and incident reporting and investigation
  documents containing the names of children if the information is
  relevant to the investigation of a criminal offense alleged to have
  occurred in a facility operated by or under contract with the
  commission.
         [(d)     Notwithstanding Subsection (a), if the Department of
  Family and Protective Services has been appointed managing
  conservator for a child, the commission shall disclose records and
  other information concerning the child to the department as
  provided by department rules.
         [Sec.  61.074].  FAILURE TO EXAMINE OR REEXAMINE.  
  (a)  Failure of the department [commission] to examine or reexamine
  a child as required by this subchapter [chapter] does not entitle
  the child to be discharged from the control of the department
  [commission], but the child may petition the committing court for
  discharge.
         (b)  After due notice to the department [commission], the
  committing court shall discharge the child from the control of the
  department [commission] unless the department [commission]
  satisfies the court that further control is necessary.
         Sec. 244.005 [61.075].  DETERMINATION OF TREATMENT.  When a
  child has been committed to the department [commission], the
  department [commission] may:
               (1)  permit the child liberty under supervision and on
  conditions the department [it] believes conducive to acceptable
  behavior;
               (2)  order the child's confinement under conditions the
  department [it] believes best designed for the child's welfare and
  the interests of the public;
               (3)  order reconfinement or renewed release as often as
  conditions indicate to be desirable;
               (4)  revoke or modify any order of the department
  [commission] affecting a child, except an order of final discharge,
  as often as conditions indicate; or
               (5)  discharge the child from control when the
  department [it] is satisfied that discharge will best serve the
  child's welfare and the protection of the public.
         Sec. 244.006 [61.0751.     SUBPOENAS.   (a)     A hearings
  examiner appointed by the commission may issue a subpoena requiring
  the attendance of a witness or the production of any record, book,
  paper, or document the hearings examiner considers necessary for a
  determination of treatment under Section 61.075.
         [(b)     The hearings examiner may sign a subpoena and
  administer an oath.
         [(c)     A peace officer, apprehension specialist, parole
  officer, or other commission official may serve the subpoena in the
  same manner as similar process in a court of record having original
  jurisdiction of criminal actions is served.
         [(d)     A person who testifies falsely, fails to appear when
  subpoenaed, or fails or refuses to produce material under the
  subpoena is subject to the same orders and penalties to which a
  person taking those actions before a court is subject.
         [(e)     On application of the commission, a court of record
  having original jurisdiction of criminal actions may compel the
  attendance of a witness, the production of material, or the giving
  of testimony before the hearings examiner, by an attachment for
  contempt or in the same manner as the court may otherwise compel the
  production of evidence.
         [Sec.  61.076].  TYPE OF TREATMENT PERMITTED.  (a)  As a
  means of correcting the socially harmful tendencies of a child
  committed to the department [it], the department [commission] may:
               (1)  require the child to participate in moral,
  academic, vocational, physical, and correctional training and
  activities;
               (2)  require the modes of life and conduct that seem
  best adapted to fit the child for return to full liberty without
  danger to the public;
               (3)  provide any medical or psychiatric treatment that
  is necessary; and
               (4)  place physically fit children in
  parks-maintenance camps, forestry camps, or ranches owned by the
  state or the United States and require the performance of suitable
  conservation and maintenance work.
         (b)  The dominant purpose of placing children in camps is to
  benefit and rehabilitate the children rather than to make the camps
  self-sustaining. Children placed in camps may not be exploited.
         Sec. 244.007 [61.0761].  FAMILY PROGRAMS.  The department
  [commission] shall develop programs that encourage family
  involvement in the rehabilitation of the child.
         Sec. 244.0075 [61.07611].  RESTRAINT OF PREGNANT JUVENILE.
  (a)  The department [commission] may not use restraints to control
  the movement of a pregnant child who is committed to the department
  [commission] at any time during which the child is in labor or
  delivery or recovering from delivery, unless the executive director
  or executive director's designee determines that the use of
  restraints is necessary to:
               (1)  ensure the safety and security of the child or her
  infant, department [commission] or medical personnel, or any member
  of the public; or
               (2)  prevent a substantial risk that the child will
  attempt escape.
         (b)  If a determination to use restraints is made under
  Subsection (a), the type of restraint used and the manner in which
  the restraint is used must be the least restrictive available under
  the circumstances to ensure safety and security or to prevent
  escape.
         Sec. 244.008 [61.0762].  INFANT CARE AND PARENTING PROGRAM.  
  (a)  In this section, "child" means the child of a person who is
  committed to the department [commission].
         (b)  The department [commission] may establish child care
  and parenting programs for persons committed to the department
  [commission] who are parents.
         (c)  The department [commission] may permit a mother to have
  possession of her child in a residential program that has an infant
  care and parenting program or to have possession of her child in a
  department-funded [commission-funded] independent living
  residence for up to six months if:
               (1)  the child's father or another relative or guardian
  of the child agrees in advance of the child's placement with the
  child's mother to assume possession of the child immediately upon
  notice by the department [commission] to do so;
               (2)  the child's parents and any other person having a
  duty of support acknowledge that by permitting the mother to have
  possession of the child while the mother is confined in a
  residential facility or placed in an independent living residence,
  the department [commission] assumes no responsibility for the
  child's care beyond the responsibility of care that is ordinarily
  due the child's mother and the reasonable accommodations that are
  necessary for the mother's care of her child;
               (3)  the child's parents and any other person having a
  duty of support agree to indemnify and hold the department
  [commission] harmless from any claims that may be made against the
  department [commission] for the child's support, including medical
  support; and
               (4)  the department [commission] determines that the
  placement is in the best interest of both the mother and her child.
         Sec. 244.009.  HEALTH CARE DELIVERY SYSTEM.  (a)  In
  providing medical care, behavioral health care, or rehabilitation
  services, the department shall integrate the provision of those
  services in an integrated comprehensive delivery system.
         (b)  The delivery system may be used to deliver any medical,
  behavioral health, or rehabilitation services provided to a child
  in the custody of the department, including:
               (1)  health care;
               (2)  dental care;
               (3)  behavioral health care;
               (4)  substance abuse treatment;
               (5)  nutrition;
               (6)  programming;
               (7)  case management; and
               (8)  general rehabilitation services, including
  educational, spiritual, daily living, recreational, and security
  services.
         Sec. 244.010 [61.0763.     RIGHTS OF PARENTS. (a)     The
  commission, in consultation with advocacy and support groups such
  as those described in Section 61.0386(a), shall develop a parent's
  bill of rights for distribution to the parent or guardian of a child
  who is under 18 years of age and committed to the commission.   The
  parent's bill of rights must include:
               [(1)     a description of the commission's grievance
  policies and procedures, including contact information for the
  office of inspector general and the office of the independent
  ombudsman established under Chapter 64;
               [(2)     a list of possible incidents that require
  parental notification;
               [(3)     policies concerning visits and telephone
  conversations with a child committed to the commission;
               [(4)     a description of commission caseworker
  responsibilities;
               [(5)     a statement that the commission caseworker
  assigned to a child may assist the child's parent or guardian in
  obtaining information and services from the commission and other
  resources concerning:
                     [(A)     counseling, including substance abuse and
  mental health counseling;
                     [(B)     assistance programs, including financial
  and travel assistance programs for visiting a child committed to
  the commission;
                     [(C)  workforce preparedness programs;
                     [(D)  parenting programs; and
                     [(E)  commission seminars; and
               [(6)     information concerning the indeterminate
  sentencing structure at the commission, an explanation of reasons
  that a child's commitment at the commission could be extended, and
  an explanation of the review process under Sections 61.0815 and
  61.0816 for a child committed to the commission without a
  determinate sentence.
         [(b)     Not later than 48 hours after the time a child is
  admitted to a commission facility, the commission shall mail to the
  child's parent or guardian at the last known address of the parent
  or guardian:
               [(1)  the parent's bill of rights; and
               [(2)     the contact information of the commission
  caseworker assigned to the child.
         [(c)     The commission shall on a quarterly basis provide to
  the parent, guardian, or designated advocate of a child who is in
  the custody of the commission a report concerning the progress of
  the child at the commission, including:
               [(1)     the academic and behavioral progress of the
  child; and
               [(2)     the results of any reexamination of the child
  conducted under Section 61.072.
         [(d)     The commission shall ensure that written information
  provided to a parent or guardian regarding the rights of a child in
  the custody of the commission or the rights of a child's parent or
  guardian, including the parent's bill of rights, is clear and easy
  to understand.
         [(e)     The commission shall ensure that if the Department of
  Family and Protective Services has been appointed managing
  conservator of a child, the department is given the same rights as
  the child's parent under the parent's bill of rights developed under
  this section.
         [Sec. 61.0764].  DEPARTMENT [COMMISSION] CASEWORKERS.  
  (a)  The department [commission] shall assign a caseworker to a
  child committed to the department [commission].  A department
  [commission] caseworker shall:
               (1)  explore family issues and needs with the parent or
  guardian of a child committed to the department [commission];
               (2)  as needed, provide the parent or guardian of a
  child committed to the department [commission] with information
  concerning programs and services provided by the department
  [commission] or another resource; and
               (3)  perform other duties required by the department
  [commission].
         (b)  A department [commission] caseworker shall:
               (1)  at least once a month, attempt to contact the
  child's parent or guardian by phone, in person while the parent or
  guardian is visiting the facility, or, if necessary, by mail;
               (2)  if unsuccessful in contacting the child's parent
  or guardian under Subdivision (1), attempt at least one additional
  time each month to contact the child's parent or guardian; and
               (3)  document successful as well as unsuccessful
  attempts to contact the child's parent or guardian.
         (c)  To the extent practicable, a caseworker or another
  facility administrator shall attempt to communicate with a parent
  or guardian who does not speak English in the language of choice of
  the parent or guardian.
         [Sec.   61.0765.     REPORTING CONCERNING RESEARCH PROGRAMS OR
  STUDIES. (a)     The commission shall keep records relating to
  children committed to it that participate in research programs or
  studies.
         [(b)     The records must show, for each calendar quarter and
  for each calendar year:
               [(1)     the number of children participating in research
  programs or studies for the appropriate reporting period;
               [(2)     the type of research program or study in which
  each child is participating;
               [(3)     the name of the principal investigator conducting
  the research program or study; and
               [(4)     the entity sponsoring the research program or
  study.
         [(c)     The commission shall submit a report that contains the
  information in the records kept under Subsection (b) on or before
  the 15th day after the last day of the appropriate reporting period
  to the:
               [(1)  governor;
               [(2)  lieutenant governor;
               [(3)  speaker of the house of representatives; and
               [(4)  members of the legislature.
         [(d)     A report submitted under this section is public
  information under Chapter 552, Government Code.]
         Sec. 244.0105 [61.0766].  REPORT CONCERNING FOSTER CHILDREN
  COMMITTED TO DEPARTMENT [COMMISSION]. (a)  Not later than the 10th
  day before the date of a permanency hearing under Subchapter D,
  Chapter 263, Family Code, or a placement review hearing under
  Subchapter F, Chapter 263, Family Code, regarding a child for whom
  the Department of Family and Protective Services has been appointed
  managing conservator, a department [commission] caseworker shall
  submit a written report regarding the child's commitment to the
  department [commission] to:
               (1)  the court;
               (2)  the Department of Family and Protective Services;
               (3)  any attorney ad litem or guardian ad litem
  appointed for the child; and
               (4)  any volunteer advocate appointed for the child.
         (b)  The report required by Subsection (a) must include:
               (1)  the results of any assessments of the child during
  the child's commitment to the department [commission], including
  assessments of the child's emotional, mental, educational,
  psychological, psychiatric, medical, or physical needs;
               (2)  information regarding the child's placement in
  particular programs administered by the department [commission];
  and
               (3)  a description of the child's progress in programs
  administered by the department [commission].
         Sec. 244.0106 [61.0767].  RULES REGARDING SERVICES FOR
  FOSTER CHILDREN. (a)  The board [commission] and the executive
  commissioner of the Health and Human Services Commission shall
  jointly adopt rules to ensure that a child for whom the Department
  of Family and Protective Services has been appointed managing
  conservator receives appropriate services while the child is
  committed to the department [commission] or released under
  supervision by the department [commission].
         (b)  The rules adopted under this section must require the
  department [commission] and the Department of Family and Protective
  Services to cooperate in providing appropriate services to a child
  for whom the Department of Family and Protective Services has been
  appointed managing conservator while the child is committed to the
  department [commission] or released under supervision by the
  department [commission], including:
               (1)  medical care, as defined by Section 266.001,
  Family Code;
               (2)  mental health treatment and counseling;
               (3)  education, including special education;
               (4)  case management;
               (5)  drug and alcohol abuse assessment or treatment;
               (6)  sex offender treatment; and
               (7)  trauma informed care.
         (c)  The rules adopted under this section must require:
               (1)  the Department of Family and Protective Services
  to:
                     (A)  provide the department [commission] with
  access to relevant health and education information regarding a
  child; and
                     (B)  require a child's caseworker to visit the
  child in person at least once each month while the child is
  committed to the department [commission];
               (2)  the department [commission] to:
                     (A)  provide the Department of Family and
  Protective Services with relevant health and education information
  regarding a child;
                     (B)  permit communication, including in person,
  by telephone, and by mail, between a child committed to the
  department [commission] and:
                           (i)  the Department of Family and Protective
  Services; and
                           (ii)  the attorney ad litem, the guardian ad
  litem, and the volunteer advocate for the child; and
                     (C)  provide the Department of Family and
  Protective Services and any attorney ad litem or guardian ad litem
  for the child with timely notice of the following events relating to
  the child:
                           (i)  a meeting designed to develop or revise
  the individual case plan for the child;
                           (ii)  in accordance with any participation
  protocols to which the Department of Family and Protective Services
  and the department [commission] agree, a medical appointment at
  which a person authorized to consent to medical care must
  participate as required by Section 266.004(i), Family Code;
                           (iii)  an education meeting, including
  admission, review, or dismissal meetings for a child receiving
  special education;
                           (iv)  a grievance or disciplinary hearing
  for the child;
                           (v)  a report of abuse or neglect of the
  child; and
                           (vi)  a significant medical condition of the
  child, as defined by Section 266.005, Family Code; and
               (3)  the Department of Family and Protective Services
  and the department [commission] to participate in transition
  planning for the child through release from detention, release
  under supervision, and discharge.
         Sec. 244.011 [61.077].  CHILDREN WITH MENTAL ILLNESS OR
  MENTAL RETARDATION. (a)  The department [commission] shall accept
  a child committed to the department [commission] who is mentally
  ill or mentally retarded.
         (b)  Unless a child is committed to the department
  [commission] under a determinate sentence under Section
  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department
  [commission] shall discharge a child who is mentally ill or
  mentally retarded from its custody if:
               (1)  the child has completed the minimum length of stay
  for the child's committing offense; and
               (2)  the department [commission] determines that the
  child is unable to progress in the department's [commission's]
  rehabilitation programs because of the child's mental illness or
  mental retardation.
         (c)  If a child who is discharged from the department
  [commission] under Subsection (b) as a result of mental illness is
  not receiving court-ordered mental health services, the child's
  discharge is effective on the earlier of:
               (1)  the date the court enters an order regarding an
  application for mental health services filed under Section
  244.012(b) [61.0772(b)]; or
               (2)  the 30th day after the date the application is
  filed.
         (d)  If a child who is discharged from the department
  [commission] under Subsection (b) as a result of mental illness is
  receiving court-ordered mental health services, the child's
  discharge from the department [commission] is effective
  immediately. If the child is receiving mental health services
  outside the child's home county, the department [commission] shall
  notify the mental health authority located in that county of the
  discharge not later than the 30th day after the date that the
  child's discharge is effective.
         (e)  If a child who is discharged from the department
  [commission] under Subsection (b) as a result of mental retardation
  is not receiving mental retardation services, the child's discharge
  is effective on the earlier of:
               (1)  the date the court enters an order regarding an
  application for mental retardation services filed under Section
  244.012(b) [61.0772(c)]; or
               (2)  the 30th day after the date that the application is
  filed.
         (f)  If a child who is discharged from the department
  [commission] under Subsection (b) as a result of mental retardation
  is receiving mental retardation services, the child's discharge
  from the department [commission] is effective immediately.
         (g)  If a child who is mentally ill or mentally retarded is
  discharged from the department [commission] under Subsection (b),
  the child is eligible to receive continuity of care services from
  the Texas Correctional Office on Offenders with Medical or Mental
  Impairments under Chapter 614, Health and Safety Code.
         Sec. 244.012 [61.0772].  EXAMINATION BEFORE DISCHARGE.  
  (a)  The department [commission] shall establish a system that
  identifies children in the department's [commission's] custody who
  are mentally ill or mentally retarded.
         (b)  Before a child who is identified as mentally ill is
  discharged from the department's [commission's] custody under
  Section 244.011(b) [61.077(b)], a department [commission]
  psychiatrist shall examine the child. The department [commission]
  shall refer a child requiring outpatient psychiatric treatment to
  the appropriate mental health authority. For a child requiring
  inpatient psychiatric treatment, the department [commission] shall
  file a sworn application for court-ordered mental health services,
  as provided in Subchapter C, Chapter 574, Health and Safety Code,
  if:
               (1)  the child is not receiving court-ordered mental
  health services; and
               (2)  the psychiatrist who examined the child determines
  that the child is mentally ill and the child meets at least one of
  the criteria listed in Section 574.034, Health and Safety Code.
         (c)  Before a child who is identified as mentally retarded
  under Chapter 593, Health and Safety Code, is discharged from the
  department's [commission's] custody under Section 244.011(b) 
  [61.077(b)], the department [commission] shall refer the child for
  mental retardation services if the child is not receiving mental
  retardation services.
         Sec. 244.0125 [61.0773].  TRANSFER OF CERTAIN CHILDREN
  SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a)  The
  department [commission] may petition the juvenile court that
  entered the order of commitment for a child for the initiation of
  mental health commitment proceedings if the child is committed to
  the department [commission] under a determinate sentence under
  Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code.
         (b)  A petition made by the department [commission] shall be
  treated as a motion under Section 55.11, Family Code, and the
  juvenile court shall proceed in accordance with Subchapter B,
  Chapter 55, Family Code.
         (c)  The department [commission] shall cooperate with the
  juvenile court in any proceeding under this section.
         (d)  The juvenile court shall credit to the term of the
  child's commitment to the department [commission] any time the
  child is committed to an inpatient mental health facility.
         (e)  A child committed to an inpatient mental health facility
  as a result of a petition filed under this section may not be
  released from the facility on a pass or furlough.
         (f)  If the term of an order committing a child to an
  inpatient mental health facility is scheduled to expire before the
  end of the child's sentence and another order committing the child
  to an inpatient mental health facility is not scheduled to be
  entered, the inpatient mental health facility shall notify the
  juvenile court that entered the order of commitment committing the
  child to the department [commission].  The juvenile court may
  transfer the child to the custody of the department [commission],
  transfer the child to the Texas Department of Criminal Justice, or
  release the child under supervision, as appropriate.
         Sec. 244.013 [61.078].  NOTICE OF PENDING DISCHARGE.  As
  soon as practicable after the department [commission] makes a
  decision to discharge a child or authorize the child's absence from
  the department's [its] custody, the department [commission] shall
  give notice of the department's [its] decision to the juvenile
  court and the office of the prosecuting attorney of the county in
  which the adjudication that the child engaged in delinquent conduct
  was made.
         Sec. 244.014 [61.079].  REFERRAL OF VIOLENT AND HABITUAL
  OFFENDERS FOR TRANSFER.  (a)  After a child sentenced to commitment
  under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
  becomes 16 years of age but before the child becomes 19 years of
  age, the department [commission] may refer the child to the
  juvenile court that entered the order of commitment for approval of
  the child's transfer to the Texas Department of Criminal Justice
  for confinement if:
               (1)  the child has not completed the sentence; and
               (2)  the child's conduct, regardless of whether the
  child was released under supervision under Section 245.051 
  [61.081], indicates that the welfare of the community requires the
  transfer.
         (b)  The department [commission] shall cooperate with the
  court on any proceeding on the transfer of the child.
         (c)  If a child is released under supervision, a juvenile
  court adjudication that the child engaged in delinquent conduct
  constituting a felony offense, a criminal court conviction of the
  child for a felony offense, or a determination under Section
  244.005(4) [61.075(4)] revoking the child's release under
  supervision is required before referral of the child to the
  juvenile court under Subsection (a).
         Sec. 244.015 [61.0791].  EVALUATION OF CERTAIN CHILDREN
  SERVING DETERMINATE SENTENCES.  (a)  When a child who is sentenced
  to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
  Family Code, becomes 18 years of age, the department [commission]
  shall evaluate whether the child is in need of additional services
  that can be completed in the six-month period after the child's 18th
  birthday to prepare the child for release from the custody of the
  department [commission] or transfer to the Texas Department of
  Criminal Justice.
         (b)  This section does not apply to a child who is released
  from the custody of the department [commission] or who is
  transferred to the Texas Department of Criminal Justice before the
  child's 18th birthday.
  SUBCHAPTER B. PROVISION OF CERTAIN INFORMATION; RIGHTS OF PARENTS
         Sec. 244.051.  INFORMATION AVAILABLE TO CHILDREN, PARENTS,
  AND OTHERS. (a)  In the interest of achieving the purpose of the
  department and protecting the public, the department may disclose
  records and other information concerning a child to the child and
  the child's parent or guardian only if disclosure would not
  materially harm the treatment and rehabilitation of the child and
  would not substantially decrease the likelihood of the department
  receiving information from the same or similar sources in the
  future. Information concerning a person who is age 18 or older may
  not be disclosed to the person's parent or guardian without the
  person's consent.
         (b)  The department may disclose information regarding a
  child's location and committing court to a person having a
  legitimate need for the information.
         (c)  The department may disclose to a peace officer or law
  enforcement agency images of children recorded by an electronic
  recording device and incident reporting and investigation
  documents containing the names of children if the information is
  relevant to the investigation of a criminal offense alleged to have
  occurred in a facility operated by or under contract with the
  department.
         (d)  Notwithstanding Subsection (a), if the Department of
  Family and Protective Services has been appointed managing
  conservator for a child, the department shall disclose records and
  other information concerning the child to the Department of Family
  and Protective Services as provided by the rules of the Department
  of Family and Protective Services.
         Sec. 244.052.  RIGHTS OF PARENTS. (a)  The department, in
  consultation with advocacy and support groups such as those
  described in Section 242.056(a), shall develop a parent's bill of
  rights for distribution to the parent or guardian of a child who is
  under 18 years of age and committed to the department.  The parent's
  bill of rights must include:
               (1)  a description of the department's grievance
  policies and procedures, including contact information for the
  office of inspector general and the office of the independent
  ombudsman established under Chapter 261;
               (2)  a list of possible incidents that require parental
  notification;
               (3)  policies concerning visits and telephone
  conversations with a child committed to the department;
               (4)  a description of department caseworker
  responsibilities;
               (5)  a statement that the department caseworker
  assigned to a child may assist the child's parent or guardian in
  obtaining information and services from the department and other
  resources concerning:
                     (A)  counseling, including substance abuse and
  mental health counseling;
                     (B)  assistance programs, including financial and
  travel assistance programs for visiting a child committed to the
  department;
                     (C)  workforce preparedness programs;
                     (D)  parenting programs; and
                     (E)  department seminars; and
               (6)  information concerning the indeterminate
  sentencing structure at the department, an explanation of reasons
  that a child's commitment at the department could be extended, and
  an explanation of the review process under Sections 245.101 and
  245.104 for a child committed to the department without a
  determinate sentence.
         (b)  Not later than 48 hours after the time a child is
  admitted to a department facility, the department shall mail to the
  child's parent or guardian at the last known address of the parent
  or guardian:
               (1)  the parent's bill of rights; and
               (2)  the contact information of the department
  caseworker assigned to the child.
         (c)  The department shall on a quarterly basis provide to the
  parent, guardian, or designated advocate of a child who is in the
  custody of the department a report concerning the progress of the
  child at the department, including:
               (1)  the academic and behavioral progress of the child;
  and
               (2)  the results of any reexamination of the child
  conducted under Section 244.002.
         (d)  The department shall ensure that written information
  provided to a parent or guardian regarding the rights of a child in
  the custody of the department or the rights of a child's parent or
  guardian, including the parent's bill of rights, is clear and easy
  to understand.
         (e)  The department shall ensure that if the Department of
  Family and Protective Services has been appointed managing
  conservator of a child, the Department of Family and Protective
  Services is given the same rights as the child's parent under the
  parent's bill of rights developed under this section.
  CHAPTER 245 [SUBCHAPTER F].  RELEASE
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 245.001.  PAROLE OFFICERS; PAROLE MANAGEMENT.  (a)  The
  department may employ parole officers to investigate, place,
  supervise, and direct the activities of a parolee to ensure the
  parolee's adjustment to society in accordance with the rules
  adopted by the board.
         (b)  Parole officers may work with local organizations,
  clubs, and agencies to formulate plans and procedures for the
  prevention of juvenile delinquency.
         (c)  The department shall develop a management system for
  parole services that objectively measures and provides for:
               (1)  the systematic examination of children's needs and
  the development of treatment plans to address those needs;
               (2)  the evaluation of homes, foster homes, and public
  and private institutions as constructive parole placements;
               (3)  the classification of children based on the level
  of children's needs and the degree of risk presented to the public;
               (4)  the objective measurement of parole officer
  workloads; and
               (5)  the gathering and analysis of information related
  to the effectiveness of parole services and to future parole
  requirements.
         Sec. 245.002.  CONTRACTS WITH COUNTIES.  (a)  The department
  may make a contract with a county to use the services of the
  county's juvenile probation department for the supervision of
  children within the county who are on furlough from a department
  facility or who are released under supervision from a department
  facility.
         (b)  Payments under a contract described by Subsection (a)
  shall be made to the county treasurer on a quarterly schedule.
         (c)  The department may not pay a county for supervision of a
  child for any time after the child:
               (1)  is discharged from the department's custody;
               (2)  is returned to a department facility; or
               (3)  transfers the child's residence to another county
  or state.
         (d)  A county that has a contract with the department must
  report to the department on the status and progress of each child
  for whom the county is receiving payments. The reports shall be
  made at the time and in the manner specified by the contract.
  SUBCHAPTER B.  AUTHORITY TO RELEASE; RESUMPTION OF CARE
         Sec. 245.051 [61.081].  RELEASE UNDER SUPERVISION.  
  (a)  The department [commission] may release under supervision any
  child in the department's [its] custody and place the child in the
  child's [his or her] home or in any situation or family approved by
  the department [commission]. Prior to placing a child in the
  child's [his or her] home, the department [commission] shall
  evaluate the home setting to determine the level of supervision and
  quality of care that is available in the home.
         (b)  [Subject to legislative appropriation, the commission
  may employ parole officers to investigate, place, supervise, and
  direct the activities of a parolee to ensure the parolee's
  adjustment to society in accordance with the rules adopted by the
  commission.
         [(c)     Parole officers may work with local organizations,
  clubs, and agencies to formulate plans and procedures for the
  prevention of juvenile delinquency.
         [(d)     The commission may resume the care and custody of any
  child released under supervision at any time before the final
  discharge of the child.
         [(e)]  Not later than 10 days before the day the department
  [commission] releases a child under this section, the department
  [commission] shall give notice of the release to the juvenile court
  and the office of the prosecuting attorney of the county in which
  the adjudication that the child engaged in delinquent conduct was
  made.
         (c) [(f)]  If a child is committed to the department
  [commission] under a determinate sentence under Section
  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
  the department [commission] may not release the child under
  supervision without approval of the juvenile court that entered the
  order of commitment unless the child has served at least:
               (1)  10 years, if the child was sentenced to commitment
  for conduct constituting capital murder;
               (2)  3 years, if the child was sentenced to commitment
  for conduct constituting an aggravated controlled substance felony
  or a felony of the first degree;
               (3)  2 years, if the child was sentenced to commitment
  for conduct constituting a felony of the second degree; or
               (4)  1 year, if the child was sentenced to commitment
  for conduct constituting a felony of the third degree.
         (d) [(g)]  The department [commission] may request the
  approval of the court under this section at any time.
         (e)  The department may resume the care and custody of any
  child released under supervision at any time before the final
  discharge of the child.
         (f) [(h)]  If the department [commission] finds that a child
  has violated an order under which the child is released under
  supervision, on notice by any reasonable method to all persons
  affected, the department [commission] may order the child:
               (1)  to return to an institution;
               (2)  if the violation resulted in property damage or
  personal injury:
                     (A)  to make full or partial restitution to the
  victim of the offense; or
                     (B)  if the child is financially unable to make
  full or partial restitution, to perform services for a charitable
  or educational institution; or
               (3)  to comply with any other conditions the department
  [commission] considers appropriate.
         (g) [(i)]  Notwithstanding Subsection (c) [(f)], if a child
  is committed to the department [commission] under a determinate
  sentence under Section 54.04(d)(3), Section 54.04(m), or Section
  54.05(f), Family Code, the department [commission] may release the
  child under supervision without approval of the juvenile court that
  entered the order of commitment if not more than nine months remain
  before the child's discharge under Section 245.151(b) [61.084(b)].
         Sec. 245.052 [61.0811.     PAROLE MANAGEMENT.   The commission
  shall develop a management system for parole services that
  objectively measures and provides for:
               [(1)     the systematic examination of children's needs
  and the development of treatment plans to address those needs;
               [(2)     the evaluation of homes, foster homes, and public
  and private institutions as constructive parole placements;
               [(3)     the classification of children based on the level
  of children's needs and the degree of risk presented to the public;
               [(4)     the objective measurement of parole officer
  workloads; and
               [(5)     the gathering and analysis of information related
  to the effectiveness of parole services and to future parole
  requirements.
         [Sec. 61.0812].  SUBSTANCE ABUSE TREATMENT [FOR SUBSTANCE
  ABUSE].  Subject to an express appropriation to fund the treatment
  programs required by this section, the department [commission] may
  not release a child under supervision or parole a child if:
               (1)  the child has a substance abuse problem, including
  the use of a controlled substance, hazardous inhalable substances,
  or alcohol habitually; and
               (2)  the child has not completed a treatment program
  for the problem.
         Sec. 245.053 [61.0813].  SEX OFFENDER COUNSELING AND
  TREATMENT.  (a)  Before releasing a child described by Subsection
  (b) under supervision, the department [commission]:
               (1)  may require as a condition of release that the
  child:
                     (A)  attend psychological counseling sessions for
  sex offenders as provided by Subsection (e); and
                     (B)  submit to a polygraph examination as provided
  by Subsection (f) for purposes of evaluating the child's treatment
  progress; and
               (2)  shall require as a condition of release that the
  child:
                     (A)  register under Chapter 62, Code of Criminal
  Procedure; and
                     (B)  submit a blood sample or other specimen to
  the Department of Public Safety under Subchapter G, Chapter 411,
  Government Code, for the purpose of creating a DNA record of the
  child, unless the child has already submitted the required specimen
  under other state law.
         (b)  This section applies to a child adjudicated for engaging
  in delinquent conduct constituting an offense for which the child
  is required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure.
         (c)  Psychological counseling required as a condition of
  release under Subsection (a) must be with an individual or
  organization that:
               (1)  provides sex offender treatment or counseling;
               (2)  is specified by the department [commission]; and
               (3)  meets minimum standards of counseling established
  by the department [commission].
         (d)  A polygraph examination required as a condition of
  release under Subsection (a) must be administered by an individual