82R6266 AJZ-D
 
  By: Whitmire, Hegar, Hinojosa S.B. No. 653
 
 
 
A BILL TO BE ENTITLED
 
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 for the Texas Youth Commission.
         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 with a heading 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 10 years of age or
  older and under 19 years of age who is committed to a secure
  post-adjudication facility operated by the department under
  Subtitle C.
               (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 September
  1, 2012.
         (b)  Effective September 1, 2012, a reference in other law
  to:
               (1)  the Texas Juvenile Probation Commission means the
  department; or
               (2)  the Texas Youth Commission means the department.
  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 11 members appointed
  by the governor:
               (1)  a representative of the governor;
               (2)  the executive director of the Texas Juvenile
  Probation Commission;
               (3)  the executive director of the Texas Youth
  Commission;
               (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
  juvenile probation department that serves a county with a small
  population;
               (7)  one member who represents the interests of a
  juvenile probation department that serves a county with a medium
  population;
               (8)  one member who represents the interests of a
  juvenile probation department that serves a county with a large
  population;
               (9)  one member who represents the interests of
  juvenile offenders or the families of juvenile offenders;
               (10)  one member who represents an organization that
  advocates on behalf of juvenile offenders or the families of
  juvenile offenders; and
               (11)  one member who represents an organization that
  advocates on behalf of the victims of delinquent or criminal
  conduct.
         (b)  The governor shall make the appointments required by
  Subsection (a) as soon as possible after September 1, 2011.
         (c)  The transition team member who is appointed under
  Subsection (a)(1) serves as the presiding officer of the transition
  team.
         (d)  The transition team members appointed under Subsections
  (a)(2) and (3) remain on the transition team after August 31, 2012,
  regardless of the abolition of the agencies named in those
  subdivisions.
         Sec. 201A.002.  POWERS AND DUTIES. (a) After September 1,
  2011, and before September 1, 2012, 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 August 31, 2012, and before December 31, 2012, the
  transition team shall assist the Texas Juvenile Justice Department
  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.
         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 December
  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)  four members who are juvenile court judges or
  county commissioners;
               (2)  one prosecutor in juvenile court;
               (3)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a small population;
               (4)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a medium population;
               (5)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a large population;
               (6)  one treatment professional, who may be a mental
  health treatment professional;
               (7)  one educator, as that term is defined by Section
  5.001, Education Code;
               (8)  one member who represents an organization that
  advocates on behalf of juvenile offenders or victims of delinquent
  or criminal conduct; and
               (9)  two 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.
         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 registered, certified, or licensed by a
  regulatory agency in the field of criminal or juvenile justice;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the 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 directly benefits or penalizes or
  otherwise directly impacts the juvenile probation department over
  which the chief juvenile probation officer has authority.
         (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; PRIORITIZATION OF
  SERVICES. (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)  A mission of the department is to achieve the goal of
  prioritizing the use of probation services for juveniles over the
  commitment of juveniles to state facilities.  The board shall
  develop and implement policies that prioritize the provision of:
               (1)  probation services under Subtitle B over
  commitment under Subtitle C; and
               (2)  funding and assistance to juvenile probation
  departments operated in accordance with Chapter 142.
         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 to use in maintaining and improving services provided under
  this title.
         (b)  The department shall deposit money received under this
  section in the state treasury. The department may use the money
  only to make payments of state aid under Subtitle B and to
  administer 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. 203.007.  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)  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.
         (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 department shall be paid their fees and mileage by
  the department out of funds appropriated for that purpose.
         (f)  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.
         (g)  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.
         (h)  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.
         (i)  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)  two juvenile court judges, appointed by the board;
               (2)  three juvenile probation officers, appointed by
  the board;
               (3)  two citizens who are knowledgeable of juvenile
  services, appointed by the board;
               (4)  the executive director of the department or the
  executive director's designee;
               (5)  the commissioner of education or the
  commissioner's designee; and
               (6)  the commissioner of human services or the
  commissioner's designee.
         (b)  The advisory council shall report any determinations
  made under Subsection (c) to the members of the board appointed
  under Section 202.001.
         (c)  The advisory council shall determine the needs and
  problems of county juvenile boards and departments and shall assist
  the department in long-range planning.
         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. 203.0083.  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 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.
         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 general
  public and appropriate state agencies.
         Sec. 203.010.  DEPARTMENT COMPLAINTS. (a) The department
  shall maintain a system to promptly and efficiently act on
  complaints filed with the department, other than complaints
  received under Section 221.010.  The department shall maintain
  information about parties to the complaint, the subject matter of
  the complaint, a summary of the results of the review or
  investigation of the complaint, and its disposition.
         (b)  The department shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  The department shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
         Sec. 203.011.  APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.
  A juvenile probation department that is aggrieved by a decision of
  the executive director may appeal the executive director's decision
  to the board.  The decision of the board is final and cannot be
  appealed.
         SECTION 1.003.  Title 12, Human Resources Code, as added by
  this Act, is amended by adding Subtitle B with a heading 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 department [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 department [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
  department [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 department.
         Sec. 221.003.  RULES CONCERNING MENTAL HEALTH SCREENING
  INSTRUMENT AND RISK AND NEEDS ASSESSMENT INSTRUMENT; ADMISSIBILITY
  OF STATEMENTS.  (a)  The department 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 department 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 under this section is not
  admissible against the child at any other hearing. The person
  administering the mental health screening instrument 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 department [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 department [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 department [commission] adopts.
         (c)  The department [commission] shall provide technical
  assistance to local probation departments to aid compliance with
  the standards and measures that the department [commission] adopts.
         Sec. 221.005 [141.043].  TRAINING AND ASSISTANCE TO LOCAL
  AUTHORITIES. 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.
         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.   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 department'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. 221.009 [141.047].  INTERAGENCY AND INTERGOVERNMENTAL 
  COOPERATION. (a)  To improve probation services, the department
  [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 executive 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. 221.0095 [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 executive director shall appoint eight [four]
  members to the strategic planning committee.  The executive
  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;[.]
               (4)  [(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;
               (5) [(2)]  one committee member who represents the
  interests of the victims of delinquent or criminal conduct; and
               (6) [(3)]  one committee member who is an educator as
  defined by Section 5.001, Education Code.
         Sec. 221.0096 [141.0472].  COORDINATED STRATEGIC PLAN;
  ADOPTION OF PLAN. (a) The coordinated strategic plan developed by
  the strategic planning committee under Section 221.0095 [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 interagency [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)  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 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)  The department shall handle and dispose of complaints
  received under this section in the manner described by Section
  203.010 [If a written complaint is filed with the commission
  relating to a juvenile board funded by the commission, the
  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.
  [Sections 221.012-221.050 reserved for expansion]
  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 department [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 department
  [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 department [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 department [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 department
  [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 department [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
  department [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.
  [Sections 222.007-222.050 reserved for expansion]
  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 department [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 with a heading 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 Sections 221.0095 [141.0471] and
  221.0096 [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.  ACCREDITATION BY AMERICAN CORRECTIONAL
  ASSOCIATION.  The department shall adopt and implement a plan for
  each correctional facility operated by or under contract with the
  department under this subtitle to be accredited by the American
  Correctional Association.
         Sec. 242.002.  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. 242.003 [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. 242.004 [61.033].  ANNUAL FINANCIAL REPORT.  The
  department [commission] shall prepare annually a complete and
  detailed written report accounting for all funds received and
  disbursed by the department under this subtitle [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. 242.005 [61.0331].  INTERNAL AUDIT; REPORT.  (a)  The
  department [commission] shall regularly conduct internal audits of
  the department [commission], including audits of:
               (1)  correctional facilities operated by and under
  contract with the department under this subtitle [commission]; and
               (2)  medical services provided to children in the
  custody of the department [commission].
         (b)  The department [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. 242.006 [61.034].  POLICIES AND RULES.  (a)  The
  executive director [commissioner] is responsible for the adoption
  of all policies and shall make rules appropriate to the proper
  accomplishment of the department's [commission's] functions.
         (b)  The executive director [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 executive director's [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. 242.007 [61.0345.     MISSION STATEMENT.   The commission
  shall develop and adopt a statement regarding the role and mission
  of the commission.
         [Sec. 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. 242.008 [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. 242.009 [61.0353].  INTRA-AGENCY CAREER LADDER
  PROGRAM.  The program shall require intra-agency posting of all
  positions concurrently with any public postings.
         Sec. 242.010 [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. 242.011 [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. 242.012 [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 department [commission] shall adopt rules necessary
  to administer this section.
         Sec. 242.013 [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 department [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 department [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 department [commission] shall adopt rules necessary
  to administer this section.
         Sec. 242.014 [61.036].  COOPERATION WITH OTHER AGENCIES.  
  (a)  The department [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 department [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. 242.015.  COMPLAINTS REGARDING SERVICES. (a) The
  department shall maintain a system to promptly and efficiently act
  on a complaint filed with the department by a person, other than a
  child receiving services from the department or the child's parent
  or guardian, that the department has authority to resolve.  The
  department 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 department shall make information available
  describing the department's procedures for complaint investigation
  and resolution.
         (c)  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.
         (d)  The department shall keep information about each
  written complaint filed with the department by a child receiving
  services from the department 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. 242.016.  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.
  [Sections 242.017-242.050 reserved for expansion]
  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 department 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. 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 department [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.
  [Sections 242.072-242.100 reserved for expansion]
  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 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 executive director;
               (2)  any applicable 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 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 executive director 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 director;
               (2)  any applicable 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 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 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 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.  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.
         (b)  The office of inspector general shall ensure that:
               (1)  the toll-free number is prominently displayed in
  each department facility; and
               (2)  children in the custody of the department and
  department employees have confidential access to telephones for the
  purpose of calling the toll-free number.
         Sec. 242.104 [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 department [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.
  [Sections 243.008-243.050 reserved for expansion]
  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 as soon as possible after commitment.  The
  study shall be made according to rules established by the
  department [commission] and shall include:
               (1)  long-term planning for the child; and
               (2)  consideration of the child's medical, substance
  abuse, and treatment history, including the child's psychiatric
  history and substance abuse history.
         (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.
         (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.
         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 department [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.
  [Sections 244.016-244.050 reserved for expansion]
  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 as
  provided by department rules.
         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 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 department.
         (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.  REENTRY AND REINTEGRATION PLAN.  (a)  The
  department shall develop a reentry and reintegration plan for each
  child committed to the custody of the department.  The plan for a
  child must be designed to ensure that the child receives an
  extensive continuity of care in services from the time the child is
  committed to the department to the time of the child's final
  discharge from the department.  The plan for a child must include,
  as applicable:
               (1)  housing assistance;
               (2)  a step-down program, such as placement in a
  halfway house;
               (3)  family counseling;
               (4)  academic and vocational mentoring;
               (5)  trauma counseling for a child who is a victim of
  abuse while in the custody of the department; and
               (6)  other specialized treatment services appropriate
  for the child.
         (b)  If a program or service in the child's reentry and
  reintegration plan is not available at the time the child is to be
  released, the department shall find a suitable alternative program
  or service so that the child's release is not postponed.
         Sec. 245.003.  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.
  [Sections 245.004-245.050 reserved for expansion]
  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
  who is:
               (1)  specified by the department [commission]; and
               (2)  licensed as a polygraph examiner under Chapter
  1703, Occupations Code.
         (e)  In addition to specifying a sex offender treatment
  provider to provide counseling to a child described by Subsection
  (b), the department [commission] shall:
               (1)  establish with the cooperation of the treatment
  provider the date, time, and place of the first counseling session
  between the child and the treatment provider;
               (2)  notify the child and the treatment provider before
  the release of the child of the date, time, and place of the first
  counseling session between the child and the treatment provider;
  and
               (3)  require the treatment provider to notify the
  department [commission] immediately if the child fails to attend
  any scheduled counseling session.
         (f)  If the department [commission] specifies a polygraph
  examiner under Subsection (d) to administer a polygraph examination
  to a child, the department [commission] shall arrange for a
  polygraph examination to be administered to the child:
               (1)  not later than the 60th day after the date the
  child attends the first counseling session established under
  Subsection (e); and
               (2)  after the initial polygraph examination, as
  required by Subdivision (1), on the request of the treatment
  provider specified under Subsection (c).
         (g)  If the department [commission] requires as a condition
  of release that a child attend psychological counseling under
  Subsection (a), the department [commission] shall notify the court
  that committed the child to the department [commission]. After
  receiving notification from the department [commission] under this
  subsection, the court may order the parent or guardian of the child
  to:
               (1)  attend four sessions of instruction with an
  individual or organization specified by the department
  [commission] relating to:
                     (A)  sexual offenses;
                     (B)  family communication skills;
                     (C)  sex offender treatment;
                     (D)  victims' rights;
                     (E)  parental supervision; and
                     (F)  appropriate sexual behavior; and
               (2)  during the time the child attends psychological
  counseling, participate in monthly treatment groups conducted by
  the child's treatment provider relating to the child's
  psychological counseling.
         (h)  A court that orders a parent or guardian of a child to
  attend instructional sessions and participate in treatment groups
  under Subsection (g) shall require:
               (1)  the individual or organization specified by the
  department [commission] under Subsection (g) to notify the court
  immediately if the parent or guardian fails to attend any scheduled
  instructional session; and
               (2)  the child's treatment provider specified under
  Subsection (c) to notify the court immediately if the parent or
  guardian fails to attend a session in which the parent or guardian
  is required to participate in a scheduled treatment group.
         (i)  If the department [commission] requires as a condition
  of release that a child attend psychological counseling under
  Subsection (a), the department [commission] may, before the date
  the period of release ends, petition the appropriate court to
  request the court to extend the period of release for an additional
  period necessary to complete the required counseling as determined
  by the treatment provider, except that the release period may not be
  extended to a date after the date of the child's 18th birthday.
         Sec. 245.0535 [61.08131].  COMPREHENSIVE REENTRY AND
  REINTEGRATION PLAN FOR CHILDREN; STUDY AND REPORT. (a) The
  department [commission] shall develop a comprehensive plan to
  reduce recidivism and ensure the successful reentry and
  reintegration of children into the community following a child's
  release under supervision or final discharge, as applicable, from
  the department [commission].
         (b)  The comprehensive reentry and reintegration plan
  developed under this section must provide for:
               (1)  an assessment of each child committed to the
  department [commission] to determine which skills the child needs
  to develop to be successful in the community following release
  under supervision or final discharge;
               (2)  programs that address the assessed needs of each
  child;
               (3)  a comprehensive network of transition programs to
  address the needs of children released under supervision or finally
  discharged from the department [commission];
               (4)  the identification of providers of existing local
  programs and transitional services with whom the department
  [commission] may contract under this section to implement the
  reentry and reintegration plan; and
               (5)  subject to Subsection (c), the sharing of
  information between local coordinators, persons with whom the
  department [commission] contracts under this section, and other
  providers of services as necessary to adequately assess and address
  the needs of each child.
         (c)  A child's personal health information may be disclosed
  under Subsection (b)(5) only in the manner authorized by Section
  244.051 [61.0731] or other state or federal law, provided that the
  disclosure does not violate the Health Insurance Portability and
  Accountability Act of 1996 (Pub. L. No. 104-191).
         (d)  The programs provided under Subsections (b)(2) and (3)
  must:
               (1)  be implemented by highly skilled staff who are
  experienced in working with reentry and reintegration programs for
  children;
               (2)  provide children with:
                     (A)  individualized case management and a full
  continuum of care;
                     (B)  life-skills training, including information
  about budgeting, money management, nutrition, and exercise;
                     (C)  education and, if a child has a learning
  disability, special education;
                     (D)  employment training;
                     (E)  appropriate treatment programs, including
  substance abuse and mental health treatment programs; and
                     (F)  parenting and relationship-building classes;
  and
               (3)  be designed to build for children post-release and
  post-discharge support from the community into which the child is
  released under supervision or finally discharged, including
  support from agencies and organizations within that community.
         (e)  The department [commission] may contract and coordinate
  with private vendors, units of local government, or other entities
  to implement the comprehensive reentry and reintegration plan
  developed under this section, including contracting to:
               (1)  coordinate the supervision and services provided
  to children during the time children are in the custody of the
  department [commission] with any supervision or services provided
  children who have been released under supervision or finally
  discharged from the department [commission];
               (2)  provide children awaiting release under
  supervision or final discharge with documents that are necessary
  after release or discharge, including identification papers,
  medical prescriptions, job training certificates, and referrals to
  services; and
               (3)  provide housing and structured programs,
  including programs for recovering substance abusers, through which
  children are provided services immediately following release under
  supervision or final discharge.
         (f)  To ensure accountability, any contract entered into
  under this section must contain specific performance measures that
  the department [commission] shall use to evaluate compliance with
  the terms of the contract.
         (g)  The department [commission] shall ensure that each
  reentry and reintegration plan developed for a child under Section
  245.002 [61.0814] is coordinated with the comprehensive reentry and
  reintegration plan developed under this section.
         (h)  The department [commission] shall conduct and
  coordinate research to determine whether the comprehensive reentry
  and reintegration plan developed under this section reduces
  recidivism rates.
         (i)  Not later than December 1 of each even-numbered year,
  the department [commission] shall deliver a report of the results
  of research conducted or coordinated under Subsection (h) to the
  lieutenant governor, the speaker of the house of representatives,
  and the standing committees of each house of the legislature with
  primary jurisdiction over juvenile justice and corrections.
         Sec. 245.054 [61.08141].  INFORMATION PROVIDED TO COURT
  BEFORE RELEASE. (a) In addition to providing the court with notice
  of release of a child under Section 245.051(b) [61.081(e)], as soon
  as possible but not later than the 30th day before the date the
  department [commission] releases the child, the department
  [commission] shall provide the court that committed the child to
  the department [commission]:
               (1)  a copy of the child's reentry and reintegration
  plan developed under Section 245.002 [61.0814]; and
               (2)  a report concerning the progress the child has
  made while committed to the department [commission].
         (b)  If, on release, the department [commission] places a
  child in a county other than the county served by the court that
  committed the child to the department [commission], the department
  [commission] shall provide the information described by Subsection
  (a) to both the committing court and the juvenile court in the
  county where the child is placed after release.
         (c)  If, on release, a child's residence is located in
  another state, the department [commission] shall provide the
  information described by Subsection (a) to both the committing
  court and a juvenile court of the other state that has jurisdiction
  over the area in which the child's residence is located.
  [Sections 245.055-245.100 reserved for expansion]
  SUBCHAPTER C.  MINIMUM LENGTH OF STAY; EXTENSION ORDERS
         Sec. 245.101 [61.0814.     REENTRY AND REINTEGRATION PLAN.   (a)  
  The commission shall develop a reentry and reintegration plan for
  each child committed to the custody of the commission.   The plan for
  a child must be designed to ensure that the child receives an
  extensive continuity of care in services from the time the child is
  committed to the commission to the time of the child's final
  discharge from the commission.   The plan for a child must include,
  as applicable:
               [(1)  housing assistance;
               [(2)     a step-down program, such as placement in a
  halfway house;
               [(3)  family counseling;
               [(4)  academic and vocational mentoring;
               [(5)     trauma counseling for a child who is a victim of
  abuse while in the custody of the commission; and
               [(6)     other specialized treatment services appropriate
  for the child.
         [(b)     If a program or service in the child's reentry and
  reintegration plan is not available at the time the child is to be
  released, the commission shall find a suitable alternative program
  or service so that the child's release is not postponed.
         [Sec. 61.0815].  COMPLETION OF MINIMUM LENGTH OF STAY;
  PANEL.  (a)  After a child who is committed to the department
  [commission] without a determinate sentence completes the minimum
  length of stay established by the department [commission] for the
  child under Section 243.002 [61.062], the department [commission]
  shall, in the manner provided by this section and Section 245.102:
               (1)  discharge the child from the custody of the
  department [commission];
               (2)  release the child under supervision under Section
  245.051 [61.081]; or
               (3)  extend the length of the child's stay in the
  custody of the department [commission].
         (b)  The department [commission] by rule shall establish a
  panel whose function is to review and determine whether a child who
  has completed the child's minimum length of stay should be
  discharged from the custody of the department [commission] as
  provided by Subsection (a)(1), be released under supervision under
  Section 245.051 [61.081] as provided by Subsection (a)(2), or
  remain in the custody of the department [commission] for an
  additional period of time as provided by Subsection (a)(3).
         (c)  The executive director [commissioner] shall determine
  the size of the panel described by Subsection (b) and the length of
  the members' terms of service on the panel.  The panel must consist
  of an odd number of members and the terms of the panel's members
  must last for at least two years.  The executive director 
  [commissioner] shall adopt policies that ensure the transparency,
  consistency, and objectivity of the panel's composition,
  procedures, and decisions.  The executive director [commissioner]
  shall appoint persons to serve as members of the panel.  A person
  appointed to the panel must be a department [commission] employee
  who works at the department's [commission's] central office.  A
  member of the panel may not be involved in any supervisory decisions
  concerning children in the custody of the department [commission].
         Sec. 245.102.  EXTENSION ORDER.  (a)  A [(d)  The] panel may
  extend the length of the child's stay as provided by Section
  245.101(a)(3) [Subsection (a)(3)] only if the panel determines by
  majority vote and on the basis of clear and convincing evidence
  that:
               (1)  the child is in need of additional rehabilitation
  from the department; [commission] and
               (2)  [that] the department [commission] will provide
  the most suitable environment for that rehabilitation.
         (b)  In extending the length of a child's stay, the panel
  must specify the additional period of time that the child is to
  remain in the custody of the department [commission] and must
  conduct an additional review and determination as provided by
  Section 245.101 [this section] on the child's completion of the
  additional term of stay.
         (c)  If the panel determines that the child's length of stay
  should not be extended, the department [commission] must discharge
  the child from the custody of the department [commission] as
  provided by Section 245.101(a)(1) [Subsection (a)(1)] or release
  the child under supervision under Section 245.051 [Section 61.081]
  as provided by Section 245.101(a)(2) [Subsection (a)(2)].
         Sec. 245.103.  STATISTICS AND REPORTS CONCERNING EXTENSION
  ORDERS.  (a) [(e)]  The department [commission] shall maintain
  statistics of the number of extensions granted by a [the] panel
  under Section 245.102.  The statistics must include aggregated
  information concerning:
               (1)  the race, age, sex, specialized treatment needs,
  and county of origin for each child for whom an extension order is
  requested;
               (2)  the facility in which the child is confined; and
               (3)  if applicable, any allegations concerning the
  abuse, mistreatment, or neglect of the child, aggregated by the
  type of misconduct to which the child was subjected.
         (b) [(f)]  To the extent authorized under law, the
  statistics maintained under Subsection (a) [(e)] are public
  information under Chapter 552, Government Code, and the department
  [commission] shall post the statistics on the department's
  [commission's] Internet website.
         (c)  The department [commission] shall prepare and deliver
  to the standing committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities a report concerning the statistics
  maintained under Subsection (a) [(e)].
         (d) [(g)]  The department [commission] shall provide a
  report to the parent, guardian, or designated advocate of a child
  whose length of stay is extended under Section 245.102 [this
  section] explaining the panel's reason for the extension.
         Sec. 245.104 [61.0816].  REQUEST FOR RECONSIDERATION OF
  EXTENSION ORDER.  (a)  The department [commission] by rule shall
  establish a process to request the reconsideration of an extension
  order issued by a [the] panel [established] under Section 245.102 
  [61.0815].
         (b)  The process to request reconsideration must provide
  that:
               (1)  a child, a parent, guardian, or designated
  advocate of a child, an employee of the department [commission], or
  a person who provides volunteer services at a department
  [commission] facility may submit a request for reconsideration of
  an extension order;
               (2)  the person submitting the request for
  reconsideration of an extension order must state in the request the
  reason for the request;
               (3)  after receiving a request for reconsideration of
  an extension order, the panel shall reconsider an extension order
  that:
                     (A)  extends the child's stay in the custody of
  the department [commission] by six months or more; or
                     (B)  combined with previous extension orders will
  result in an extension of the child's stay in the custody of the
  department [commission] by six months or more;
               (4)  the panel's reconsideration of an extension order
  includes consideration of the information submitted in the request;
  and
               (5)  the panel shall send a written reply to the child,
  the parent, guardian, or designated advocate of the child, and the
  person who made the request for reconsideration of an extension
  order that includes an explanation of the panel's decision after
  reconsidering the extension order, including an indication that the
  panel has considered the information submitted in the request.
         (c)  The department [commission] shall create a form for a
  request for reconsideration of an extension order that is clear and
  easy to understand.  The department [commission] shall ensure that
  a child may request assistance in completing a request for
  reconsideration of an extension order.
         Sec. 245.105.  STATISTICS AND REPORTS CONCERNING
  RECONSIDERATIONS OF EXTENSION ORDERS.  (a) [(d)]  The department
  [commission] shall maintain statistics of the number of requests
  for reconsideration of an extension order that are submitted under
  Section 245.104 and the action taken on reconsideration of the
  extension order.  The statistics must include aggregated
  information concerning:
               (1)  the race, age, sex, specialized treatment needs,
  and county of origin for each child for whom a request for
  reconsideration of an extension order is submitted;
               (2)  whether a request for reconsideration of an
  extension order results in:
                     (A)  a discharge or release under supervision; or
                     (B)  the original extension order being upheld;
               (3)  the facility in which the child is confined; and
               (4)  if applicable, any allegations concerning the
  abuse, mistreatment, or neglect of the child, aggregated by the
  type of misconduct to which the child was subjected.
         (b) [(e)]  To the extent authorized under law, the
  statistics maintained under Subsection (a) [(d)] are public
  information under Chapter 552, Government Code, and the department
  [commission] shall post the statistics on the department's
  [commission's] Internet website.
         (c)  The department [commission] shall prepare and deliver
  to the standing committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities a report concerning the statistics
  maintained under Subsection (a) [(d)].
         Sec. 245.106 [61.082].  TRANSPORTATION, CLOTHING, MONEY.  
  The department [commission] shall ensure that each child it
  releases under supervision has:
               (1)  suitable clothing;
               (2)  [,] transportation to his or her home or to the
  county in which a suitable home or employment has been found; [,]
  and
               (3)  money in an amount authorized by the rules of the
  department [commission].
  [Sections 245.107-245.150 reserved for expansion]
  SUBCHAPTER D.  TERMINATION OF CONTROL
         Sec. 245.151 [61.083.     CONTRACTS WITH COUNTIES.   (a)   The
  commission 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 commission
  facility or who are released under supervision from a commission
  facility.
         [(b)     The payments shall be made to the county treasurer on a
  quarterly schedule.
         [(c)     The commission may not pay a county for supervision of
  a child for any time after the child:
               [(1)  is discharged from the commission's custody;
               [(2)  is returned to a commission facility; or
               [(3)     transfers his or her residence to another county
  or state.
         [(d)     A county that has a contract with the commission must
  report to the commission 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.
         [Sec. 61.084].  TERMINATION OF CONTROL. (a) Except as
  provided by Subsections (b) and (c), if a person 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 discharge the person from its
  custody.
         (b)  The department [commission] shall discharge without a
  court hearing a person committed to the department [it] for a
  determinate sentence under Section 54.04(d)(3), Section 54.04(m),
  or Section 54.05(f), Family Code, who has not been transferred to
  the Texas Department of Criminal Justice under a court order on the
  date that the time spent by the person in detention in connection
  with the committing case plus the time spent at the department
  [Texas Youth Commission] under the order of commitment equals the
  period of the sentence.
         (c)  The department [commission] shall transfer to the Texas
  Department of Criminal Justice a person who is the subject of an
  order under Section 54.11(i)(2), Family Code, transferring the
  person to the custody of the Texas Department of Criminal Justice
  for the completion of the person's sentence.
         (d) [(e)]  Except as provided by Subsection (e) [(g)], the
  department [commission] shall discharge from its custody a person
  not already discharged on the person's 19th birthday.
         (e) [(g)]  The department [commission] shall transfer a
  person who has been sentenced under a determinate sentence to
  commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
  Family Code, or who has been returned to the department
  [commission] under Section 54.11(i)(1), Family Code, to the custody
  of the Texas Department of Criminal Justice on the person's 19th
  birthday, if the person has not already been discharged or
  transferred, to serve the remainder of the person's sentence on
  parole as provided by Section 508.156, Government Code.
         Sec. 245.152 [61.0841].  DETERMINATE SENTENCE PAROLE. (a)
  Not later than the 90th day before the date the department
  [commission] transfers a person to the custody of the Texas
  Department of Criminal Justice for release on parole under Section
  245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], the department
  [commission] shall submit to the Texas Department of Criminal
  Justice [department] all pertinent information relating to the
  person, including:
               (1)  the juvenile court judgment;
               (2)  the circumstances of the person's offense;
               (3)  the person's previous social history and juvenile
  court records;
               (4)  the person's physical and mental health record;
               (5)  a record of the person's conduct, employment
  history, and attitude while committed to the department
  [commission];
               (6)  a record of the sentence time served by the person
  at the department [commission] and in a juvenile detention facility
  in connection with the conduct for which the person was
  adjudicated; and
               (7)  any written comments or information provided by
  the department [commission], local officials, family members of the
  person, victims of the offense, or the general public.
         (b)  The department [commission] shall provide instruction
  for parole officers of the Texas Department of Criminal Justice
  relating to juvenile programs at the department [commission].  The
  department [commission] and the Texas Department of Criminal
  Justice [department] shall enter into a memorandum of understanding
  relating to the administration of this subsection.
         (c)  The Texas Department of Criminal Justice shall grant
  credit for sentence time served by a person at the department
  [commission] and in a juvenile detention facility, as recorded by
  the department [commission] under Subsection (a)(6), in computing
  the person's eligibility for parole and discharge from the Texas
  Department of Criminal Justice [department].
         SECTION 1.008.  Subchapters H and I, Chapter 61, Human
  Resources Code, are transferred to Subtitle C, Title 12, Human
  Resources Code, as added by this Act, redesignated as Chapter 246,
  and amended to read as follows:
  CHAPTER 246. MISCELLANEOUS PROGRAMS
  SUBCHAPTER A [H]. YOUTH BOOT CAMP PROGRAMS
         Sec. 246.001 [61.101].  YOUTH BOOT CAMP PROGRAMS.  (a)  The
  department [commission] may establish a youth boot camp program and
  may employ necessary personnel to operate the youth boot camps.
         (b)  The department [commission, in consultation with the
  Texas Juvenile Probation Commission,] shall develop guidelines for
  a program of physical and correctional training and military-style
  discipline for children placed in youth boot camps operated by
  local probation departments for violating the conditions of release
  under supervision or parole under Chapter 245 [Section 61.081].
         (c)  The department [commission] shall develop a program of
  physical and correctional training and military-style discipline
  for children committed to the department [commission] who are
  placed in youth boot camps or other department [commission]
  facilities.
         (d)  The department [commission] shall adopt rules of
  conduct for children participating in the program under this
  section.
  SUBCHAPTER B [I]. INDUSTRIES PROGRAM
         Sec. 246.051 [61.121].  PURPOSE; IMPLEMENTATION.  The
  purposes of the department [commission] industries program are:
               (1)  to provide adequate employment and vocational
  training for children; and
               (2)  to develop and expand public and private
  department [commission] industries.
         Sec. 246.052 [61.122].  ADVISORY COMMITTEE.  (a)  A
  department [commission] industries advisory committee is created
  consisting of nine members appointed by the department
  [commission].
         (b)  Members serve staggered three-year terms, with the
  terms of three members expiring February 1 of each odd-numbered
  year.
         (c)  In making appointments under this section, the
  department [commission] shall endeavor to include representatives
  of industries appropriate for hiring children committed to the
  department [commission].
         Sec. 246.053 [61.123].  PAY AND DISTRIBUTION OF PAY.  The
  department [commission] shall apportion wages earned by a child
  working under the industries program in amounts determined at the
  discretion of the department [commission], in the following
  priority:
               (1)  a person to whom the child has been ordered by a
  court or to whom the child has agreed to pay restitution;
               (2)  a person to whom the child has been ordered by a
  court to pay child support;
               (3)  the compensation to victims of crime fund or the
  compensation to victims of crime auxiliary fund; and
               (4)  the child's student account.
         Sec. 246.054 [61.124].  INDUSTRIES FUND.  (a)  A Texas
  Juvenile Justice Department [Youth Commission] industries program
  fund is created in the state treasury.
         (b)  Proceeds from the operation of the industries program
  shall be deposited in the fund.
         (c)  Money from the fund may be appropriated only for use by
  the department [commission] for the administration of this
  subchapter.
         [(d)     Sections 403.094 and 403.095, Government Code, do not
  apply to the fund.]
         Sec. 246.055 [61.125].  CONTRACTS.  To encourage the
  development and expansion of the industries program, the department
  [commission] may enter into necessary contracts related to the
  program.
         Sec. 246.056 [61.126].  DONATIONS.  The industries program
  may be financed through contributions donated for this purpose by
  private businesses contracting with the department [commission].
         Sec. 246.057 [61.127].  GRANTS.  (a)  The department
  [commission] may accept a grant for the vocational rehabilitation
  of children.
         (b)  The department [commission] shall maintain a record of
  the receipt and disbursement of a grant and shall annually report to
  the lieutenant governor and the speaker of the house of
  representatives on the administration of grant funds.
         Sec. 246.058 [61.128].  LEASE OF LAND.  (a)  The department
  [commission] may lease land owned by the department [commission] to
  a private business to expand and develop the industries program.
         (b)  The term of the lease may not exceed 20 years.
         (c)  The business must lease the land at fair market value.
         (d)  The business may construct a new facility on the land or
  convert an existing facility.
         Sec. 246.059 [Sec.   61.129.     CERTIFICATION FOR FRANCHISE
  CREDIT.   The commission shall prepare and issue a certification
  that a corporation requires for the franchise tax credit for wages
  paid as provided by Subchapter M, Chapter 171, Tax Code.
         [Sec. 61.130].  OPTIONAL AD VALOREM TAX ABATEMENT.  (a)  A
  business contracting with the department [commission] may enter
  into an ad valorem tax abatement agreement under Subchapters B and
  C, Chapter 312, Tax Code, with the governing body of the
  municipality and county in which the business is located.
         (b)  If an area in which businesses contracting with the
  department [commission] under this subchapter is designated as a
  reinvestment zone under Chapter 312, Tax Code, the area satisfies
  Section 312.202(a)(6), Tax Code, in that the area would be
  reasonably likely as a result of the designation to contribute to
  the retention or expansion of primary employment or to attract
  major investment in the zone that would be a benefit to the property
  and that would contribute to the economic development of the entity
  designating the area as a reinvestment zone.
         SECTION 1.009.  Title 12, Human Resources Code, as added by
  this Act, is amended by adding Subtitle D with a heading to read as
  follows:
  SUBTITLE D.  INDEPENDENT OMBUDSMAN
         SECTION 1.010.  Chapter 64, Human Resources Code, is
  transferred to Subtitle D, Title 12, Human Resources Code, as added
  by this Act, redesignated as Chapter 261, and amended to read as
  follows:
  CHAPTER 261 [64]. [OFFICE OF] INDEPENDENT OMBUDSMAN
  [OF THE TEXAS YOUTH COMMISSION]
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 261.001 [64.001].  DEFINITIONS. In this chapter:
               (1)  ["Commission" means the Texas Youth Commission.
               [(2)]  "Independent ombudsman" means the individual
  who has been appointed under this chapter to the office of
  independent ombudsman.
               (2) [(3)]  "Office" means the office of independent
  ombudsman created under this chapter.
         Sec. 261.002 [64.002].  ESTABLISHMENT; PURPOSE. The office
  of independent ombudsman is a state agency established for the
  purpose of investigating, evaluating, and securing the rights of
  the children committed to the department [commission], including a
  child released under supervision  before final discharge.
         Sec. 261.003 [64.003].  INDEPENDENCE. (a) The independent
  ombudsman in the performance of its duties and powers under this
  chapter acts independently of the department [commission].
         (b)  Funding for the independent ombudsman is appropriated
  separately from funding for the department [commission].
  SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
         Sec. 261.051 [64.051].  APPOINTMENT OF INDEPENDENT
  OMBUDSMAN. (a) The governor shall appoint the independent
  ombudsman with the advice and consent of the senate for a term of
  two years, expiring February 1 of odd-numbered years.
         (b)  A person appointed as independent ombudsman is eligible
  for reappointment but may not serve more than three terms in that
  capacity.
         Sec. 261.052 [64.052].  ASSISTANTS. The independent
  ombudsman may hire assistants to perform, under the direction of
  the independent ombudsman, the same duties and exercise the same
  powers as the independent ombudsman.
         Sec. 261.053 [64.053].  CONFLICT OF INTEREST. (a) A person
  may not serve as independent ombudsman or as an assistant to the
  independent ombudsman if the person or the person's spouse:
               (1)  is employed by or participates in the management
  of a business entity or other organization receiving funds from the
  department [commission];
               (2)  owns or controls, directly or indirectly, any
  interest in a business entity or other organization receiving funds
  from the department [commission]; or
               (3)  uses or receives any amount of tangible goods,
  services, or funds from the department [commission].
         (b)  A person may not serve as independent ombudsman or as an
  assistant to the independent ombudsman if the person or the
  person's spouse is required to register as a lobbyist under Chapter
  305, Government Code, because of the person's activities for
  compensation on behalf of a profession related to the operation of
  the department [commission].
         (c)  A person may not serve as independent ombudsman or as an
  assistant to the independent ombudsman if the person or the
  person's spouse is an officer, employee, manager, or paid
  consultant of a Texas trade association in the field of criminal or
  juvenile justice.
         (d)  For the purposes of this section, a Texas trade
  association is a nonprofit, cooperative, and voluntarily joined
  association of business or professional competitors in this state
  designed to assist its members and its industry or profession in
  dealing with mutual business or professional problems and in
  promoting their common interest.
         Sec. 261.054 [64.054].  SUNSET PROVISION. [(a)] The office
  is subject to review under Chapter 325, Government Code (Texas
  Sunset Act), but is not abolished under that chapter.  The office
  shall be reviewed during the periods in which the Texas Juvenile
  Justice Department or its successor agency [Texas Youth Commission]
  is reviewed.
         [(b)     Notwithstanding Subsection (a), the Sunset Advisory
  Commission shall focus its review of the office on compliance with
  requirements placed on the office by legislation enacted by the
  81st Legislature, Regular Session, 2009, that becomes law.   This
  subsection expires September 1, 2011.]
         Sec. 261.055 [64.055].  REPORT. (a) The independent
  ombudsman shall submit on a quarterly basis to the governor, the
  lieutenant governor, the state auditor, and each member of the
  legislature a report that is both aggregated and disaggregated by
  individual facility and describes:
               (1)  the work of the independent ombudsman;
               (2)  the results of any review or investigation
  undertaken by the independent ombudsman, including reviews or
  investigation of services contracted by the department 
  [commission]; and
               (3)  any recommendations that the independent
  ombudsman has in relation to the duties of the independent
  ombudsman.
         (b)  The independent ombudsman shall immediately report to
  the governor, the lieutenant governor, the speaker of the house of
  representatives, the state auditor, and the office of the inspector
  general of the department [commission] any particularly serious or
  flagrant:
               (1)  case of abuse or injury of a child committed to the
  department [commission];
               (2)  problem concerning the administration of a
  department [commission] program or operation;
               (3)  problem concerning the delivery of services in a
  facility operated by or under contract with the department
  [commission]; or
               (4)  interference by the department [commission] with
  an investigation conducted by the office.
         Sec. 261.056 [64.056].  COMMUNICATION AND CONFIDENTIALITY.
  (a) The department [commission] shall allow any child committed to
  the department [commission] to communicate with the independent
  ombudsman or an assistant to the ombudsman. The communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         (b)  The records of the independent ombudsman are
  confidential, except that the independent ombudsman shall:
               (1)  share with the office of inspector general of the
  department [commission] a communication with a child that may
  involve the abuse or neglect of the child; and
               (2)  disclose its nonprivileged records if required by
  a court order on a showing of good cause.
         (c)  The independent ombudsman may make reports relating to
  an investigation public after the investigation is complete but
  only if the names of all children, parents, and employees are
  redacted from the report and remain confidential.
         (d)  The name, address, or other personally identifiable
  information of a person who files a complaint with the office of
  independent ombudsman, information generated by the office of
  independent ombudsman in the course of an investigation, and
  confidential records obtained by the office of independent
  ombudsman are confidential and not subject to disclosure under
  Chapter 552, Government Code, except that the information and
  records, other than confidential information and records
  concerning a pending law enforcement investigation or criminal
  action, may be disclosed to the appropriate person if the office
  determines that disclosure is:
               (1)  in the general public interest;
               (2)  necessary to enable the office to perform the
  responsibilities provided under this section; or
               (3)  necessary to identify, prevent, or treat the abuse
  or neglect of a child.
         Sec. 261.057 [64.057].  PROMOTION OF AWARENESS OF OFFICE.
  The independent ombudsman shall promote awareness among the public
  and the children committed to the department [commission] of:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
         Sec. 261.058 [64.058].  RULEMAKING AUTHORITY. (a) The
  office by rule shall establish policies and procedures for the
  operations of the office of independent ombudsman.
         (b)  The office and the department [commission] shall adopt
  rules necessary to implement Section 261.060 [64.060], including
  rules that establish procedures for the department [commission] to
  review and comment on reports of the office and for the department 
  [commission] to expedite or eliminate review of and comment on a
  report due to an emergency or a serious or flagrant circumstance
  described by Section 261.055(b) [64.055(b)].
         Sec. 261.059 [64.059].  AUTHORITY OF STATE AUDITOR. The
  office is subject to audit by the state auditor in accordance with
  Chapter 321, Government Code.
         Sec. 261.060 [64.060].  REVIEW AND FORMAT OF REPORTS. (a)
  The office shall accept, both before and after publication,
  comments from the department [commission] concerning the following
  types of reports published by the office under this chapter:
               (1)  the office's quarterly report under Section
  261.055(a) [64.055(a)];
               (2)  reports concerning serious or flagrant
  circumstances under Section 261.055(b) [64.055(b)]; and
               (3)  any other formal reports containing findings and
  making recommendations concerning systemic issues that affect the
  department [commission].
         (b)  The department [commission] may not submit comments
  under Subsection (a) after the 30th day after the date the report on
  which the department [commission] is commenting is published.
         (c)  The office shall ensure that reports described by
  Subsection (a) are in a format to which the department [commission]
  can easily respond.
         (d)  After receipt of comments under this section, the office
  is not obligated to change any report or change the manner in which
  the office performs the duties of the office.
         Sec. 261.061 [64.061].  COMPLAINTS. (a) The office shall
  maintain a system to promptly and efficiently act on complaints
  filed with the office that relate to the operations or staff of the
  office.  The office shall maintain information about parties to the
  complaint, the subject matter of the complaint, a summary of the
  results of the review or investigation of the complaint, and the
  disposition of the complaint.
         (b)  The office shall make information available describing
  its procedures for complaint investigation and resolution.
         (c)  The office shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
  SUBCHAPTER C. DUTIES AND POWERS
         Sec. 261.101 [64.101].  DUTIES AND POWERS. (a) The
  independent ombudsman shall:
               (1)  review the procedures established by the
  department [commission] and evaluate the delivery of services to
  children to ensure that the rights of children are fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of the department [commission] and
  investigate each complaint in which it appears that a child may be
  in need of assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a child committed to the department 
  [commission] or the child's family may be in need of assistance from
  the office; or
                     (B)  a systemic issue in the department's
  [commission's] provision of services is raised by a complaint;
               (4)  review or inspect periodically the facilities and
  procedures of any institution or residence in which a child has been
  placed by the department [commission], whether public or private,
  to ensure that the rights of children are fully observed;
               (5)  provide assistance to a child or family who the
  independent ombudsman determines is in need of assistance,
  including advocating with an agency, provider, or other person in
  the best interests of the child;
               (6)  review court orders as necessary to fulfill its
  duties;
               (7)  recommend changes in any procedure relating to the
  treatment of children committed to the department [commission];
               (8)  make appropriate referrals under any of the duties
  and powers listed in this subsection; and
               (9)  supervise assistants who are serving as advocates
  in their representation of children committed to the department 
  [commission] in internal administrative and disciplinary hearings.
         (b)  The independent ombudsman may apprise persons who are
  interested in a child's welfare of the rights of the child.
         (c)  To assess if a child's rights have been violated, the
  independent ombudsman may, in any matter that does not involve
  alleged criminal behavior, contact or consult with an
  administrator, employee, child, parent, expert, or any other
  individual in the course of its investigation or to secure
  information.
         (d)  Notwithstanding any other provision of this chapter,
  the independent ombudsman may not investigate alleged criminal
  behavior.
         (e)  Notwithstanding any other provision of this chapter,
  the powers of the office are limited to facilities operated and
  services provided by the department under Subtitle C.
         Sec. 261.102 [64.102].  TREATMENT OF DEPARTMENT 
  [COMMISSION] EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN.
  The department [commission] may not discharge or in any manner
  discriminate or retaliate against an employee who in good faith
  makes a complaint to the office of independent ombudsman or
  cooperates with the office in an investigation.
         Sec. 261.103 [64.103].  TRAINING. The independent
  ombudsman shall attend annual sessions, including the training
  curriculum for juvenile correctional officers required under
  Section 242.012 [61.0356], and may participate in other appropriate
  professional training.
         Sec. 261.104  [64.104].  MEMORANDUM OF UNDERSTANDING. (a)
  The office and the department [commission] shall enter into a
  memorandum of understanding concerning:
               (1)  the most efficient manner in which to share
  information with one another; and
               (2)  the procedures for handling overlapping
  monitoring duties and activities performed by the office and the
  department [commission].
         (b)  The memorandum of understanding entered into under
  Subsection (a), at a minimum, must:
               (1)  address the interaction of the office with that
  portion of the department [commission] that conducts an internal
  audit under Section 242.005 [61.0331];
               (2)  address communication between the office and the
  department [commission] concerning individual situations involving
  children committed to the department [commission] and how those
  situations will be documented and handled;
               (3)  contain guidelines on the office's role in
  relevant working groups and policy development decisions at the
  department [commission];
               (4)  ensure opportunities for sharing information
  between the office and the department [commission] for the purposes
  of assuring quality and improving programming within the department
  [commission]; and
               (5)  preserve the independence of the office by
  authorizing the office to withhold information concerning matters
  under active investigation by the office from the department
  [commission] and department [commission] staff and to report the
  information to the governor.
  SUBCHAPTER D. ACCESS TO INFORMATION
         Sec. 261.151 [64.151].  ACCESS TO INFORMATION OF
  GOVERNMENTAL ENTITIES. (a) The department [commission] shall
  allow the independent ombudsman access to its records relating to
  the children committed to the department [commission].
         (b)  The Department of Public Safety shall allow the
  independent ombudsman access to the juvenile justice information
  system established under Subchapter B, Chapter 58, Family Code.
         (c)  A local law enforcement agency shall allow the
  independent ombudsman access to its records relating to any child
  in the care or custody of the department [commission].
         Sec. 261.152 [64.152].  ACCESS TO INFORMATION OF PRIVATE
  ENTITIES. The independent ombudsman shall have access to the
  records of a private entity that relate to a child committed to the
  department [commission].
         SECTION 1.011.  Section 61.020(a), Human Resources Code, is
  amended to read as follows:
         (a)  The Texas Youth Commission [is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the commission] is abolished on
  September 1, 2012 [and this chapter expires September 1, 2011].
         SECTION 1.012.  Section 141.012(a), Human Resources Code, is
  amended to read as follows:
         (a)  The Texas Juvenile Probation Commission [is subject to
  Chapter 325, Government Code (Texas Sunset Act). Unless continued
  in existence as provided by that chapter, the commission] is
  abolished on September 1, 2012 [and this chapter expires September
  1, 2011].
  ARTICLE 2.  MISCELLANEOUS PROVISIONS
         SECTION 2.001.  Section 51.126, Family Code, is amended by
  amending Subsections (b), (c), (d), and (e) and adding Subsection
  (f) to read as follows:
         (b)  In each county, each judge of the juvenile court and a
  majority of the members of the juvenile board shall personally
  inspect, at least annually, all nonsecure correctional facilities
  that are located in the county and shall certify in writing to the
  authorities responsible for operating and giving financial support
  to the facilities and to the Texas Juvenile Justice Department
  [Probation Commission] that the facility or facilities are suitable
  or unsuitable for the confinement of children.  In determining
  whether a facility is suitable or unsuitable for the confinement of
  children, the juvenile court judges and juvenile board members
  shall consider:
               (1)  current monitoring and inspection reports and any
  noncompliance citation reports issued by the Texas Juvenile Justice
  Department [Probation Commission], including the report provided
  under Subsection (c), and the status of any required corrective
  actions; and
               (2)  the other factors described under Sections
  51.12(c)(2)-(7).
         (c)  The Texas Juvenile Justice Department [Probation
  Commission] shall annually inspect each nonsecure correctional
  facility.  The Texas Juvenile Justice Department [Probation
  Commission] shall provide a report to each juvenile court judge
  presiding in the same county as an inspected facility indicating
  whether the facility is suitable or unsuitable for the confinement
  of children in accordance with minimum professional standards for
  the confinement of children in nonsecure confinement promulgated by
  the Texas Juvenile Justice Department [Probation Commission] or, at
  the election of the juvenile board of the county in which the
  facility is located, the current standards promulgated by the
  American Correctional Association.
         (d)  A governmental unit or private entity that operates or
  contracts for the operation of a juvenile nonsecure correctional
  facility in this state under Subsection (a), except for a facility
  operated by or under contract with the Texas Juvenile Justice
  Department [Texas Youth Commission], shall:
               (1)  register the facility annually with the Texas
  Juvenile Justice Department [Probation Commission]; and
               (2)  adhere to all applicable minimum standards for the
  facility.
         (e)  The Texas Juvenile Justice Department [Probation
  Commission] may deny, suspend, or revoke the registration of any
  facility required to register under Subsection (d) if the facility
  fails to:
               (1)  adhere to all applicable minimum standards for the
  facility; or
               (2)  timely correct any notice of noncompliance with
  minimum standards.
         (f)  In this section, "Texas Juvenile Justice Department"
  means the Texas Juvenile Probation Commission. This subsection
  expires September 1, 2012.
         SECTION 2.002.  Section 614.017(c)(1), Health and Safety
  Code, is amended to read as follows:
               (1)  "Agency" includes any of the following entities
  and individuals, a person with an agency relationship with one of
  the following entities or individuals, and a person who contracts
  with one or more of the following entities or individuals:
                     (A)  the Texas Department of Criminal Justice and
  the Correctional Managed Health Care Committee;
                     (B)  the Board of Pardons and Paroles;
                     (C)  the Department of State Health Services;
                     (D)  the Texas Juvenile Justice Department
  [Probation Commission];
                     (E)  [the Texas Youth Commission;
                     [(F)]  the Department of Assistive and
  Rehabilitative Services;
                     (F) [(G)]  the Texas Education Agency;
                     (G) [(H)]  the Commission on Jail Standards;
                     (H) [(I)]  the Department of Aging and Disability
  Services;
                     (I) [(J)]  the Texas School for the Blind and
  Visually Impaired;
                     (J) [(K)]  community supervision and corrections
  departments and local juvenile probation departments;
                     (K) [(L)]  personal bond pretrial release offices
  established under Article 17.42, Code of Criminal Procedure;
                     (L) [(M)]  local jails regulated by the
  Commission on Jail Standards;
                     (M) [(N)]  a municipal or county health
  department;
                     (N) [(O)]  a hospital district;
                     (O) [(P)]  a judge of this state with jurisdiction
  over juvenile or criminal cases;
                     (P) [(Q)]  an attorney who is appointed or
  retained to represent a special needs offender or a juvenile with a
  mental impairment;
                     (Q) [(R)]  the Health and Human Services
  Commission;
                     (R) [(S)]  the Department of Information
  Resources;
                     (S) [(T)]  the bureau of identification and
  records of the Department of Public Safety, for the sole purpose of
  providing real-time, contemporaneous identification of individuals
  in the Department of State Health Services client data base; and
                     (T) [(U)]  the Department of Family and
  Protective Services.
         SECTION 2.003.  Sections 614.018(a) and (b), Health and
  Safety Code, are amended to read as follows:
         (a)  The Texas Juvenile Justice Department [Probation
  Commission, the Texas Youth Commission], the Department of Public
  Safety, the Department of State Health Services, the Department of
  Aging and Disability Services, the Department of Family and
  Protective Services, the Texas Education Agency, and local juvenile
  probation departments shall adopt a memorandum of understanding
  that establishes their respective responsibilities to institute a
  continuity of care and service program for juveniles with mental
  impairments in the juvenile justice system.  The Texas Correctional
  Office on Offenders with Medical and Mental Impairments shall
  coordinate and monitor the development and implementation of the
  memorandum of understanding.
         (b)  The memorandum of understanding must establish methods
  for:
               (1)  identifying juveniles with mental impairments in
  the juvenile justice system and collecting and reporting relevant
  data to the office;
               (2)  developing interagency rules, policies, and
  procedures for the coordination of care of and the exchange of
  information on juveniles with mental impairments who are committed
  to or treated, served, or supervised by the [Texas Youth
  Commission, the] Texas Juvenile Justice Department [Probation
  Commission], the Department of Public Safety, the Department of
  State Health Services, the Department of Family and Protective
  Services, the Department of Aging and Disability Services, the
  Texas Education Agency, local juvenile probation departments,
  local mental health or mental retardation authorities, and
  independent school districts; and
               (3)  identifying the services needed by juveniles with
  mental impairments in the juvenile justice system.
  ARTICLE 3.  CONFORMING AMENDMENTS
         SECTION 3.001.  Article 2.12, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace
  officers:
               (1)  sheriffs, their deputies, and those reserve
  deputies who hold a permanent peace officer license issued under
  Chapter 1701, Occupations Code;
               (2)  constables, deputy constables, and those reserve
  deputy constables who hold a permanent peace officer license issued
  under Chapter 1701, Occupations Code;
               (3)  marshals or police officers of an incorporated
  city, town, or village, and those reserve municipal police officers
  who hold a permanent peace officer license issued under Chapter
  1701, Occupations Code;
               (4)  rangers and officers commissioned by the Public
  Safety Commission and the Director of the Department of Public
  Safety;
               (5)  investigators of the district attorneys', criminal
  district attorneys', and county attorneys' offices;
               (6)  law enforcement agents of the Texas Alcoholic
  Beverage Commission;
               (7)  each member of an arson investigating unit
  commissioned by a city, a county, or the state;
               (8)  officers commissioned under Section 37.081,
  Education Code, or Subchapter E, Chapter 51, Education Code;
               (9)  officers commissioned by the General Services
  Commission;
               (10)  law enforcement officers commissioned by the
  Parks and Wildlife Commission;
               (11)  airport police officers commissioned by a city
  with a population of more than 1.18 million that operates an airport
  that serves commercial air carriers;
               (12)  airport security personnel commissioned as peace
  officers by the governing body of any political subdivision of this
  state, other than a city described by Subdivision (11), that
  operates an airport that serves commercial air carriers;
               (13)  municipal park and recreational patrolmen and
  security officers;
               (14)  security officers and investigators commissioned
  as peace officers by the comptroller;
               (15)  officers commissioned by a water control and
  improvement district under Section 49.216, Water Code;
               (16)  officers commissioned by a board of trustees
  under Chapter 54, Transportation Code;
               (17)  investigators commissioned by the Texas Medical
  Board;
               (18)  officers commissioned by the board of managers of
  the Dallas County Hospital District, the Tarrant County Hospital
  District, or the Bexar County Hospital District under Section
  281.057, Health and Safety Code;
               (19)  county park rangers commissioned under
  Subchapter E, Chapter 351, Local Government Code;
               (20)  investigators employed by the Texas Racing
  Commission;
               (21)  officers commissioned under Chapter 554,
  Occupations Code;
               (22)  officers commissioned by the governing body of a
  metropolitan rapid transit authority under Section 451.108,
  Transportation Code, or by a regional transportation authority
  under Section 452.110, Transportation Code;
               (23)  investigators commissioned by the attorney
  general under Section 402.009, Government Code;
               (24)  security officers and investigators commissioned
  as peace officers under Chapter 466, Government Code;
               (25)  an officer employed by the Department of State
  Health Services under Section 431.2471, Health and Safety Code;
               (26)  officers appointed by an appellate court under
  Subchapter F, Chapter 53, Government Code;
               (27)  officers commissioned by the state fire marshal
  under Chapter 417, Government Code;
               (28)  an investigator commissioned by the commissioner
  of insurance under Section 701.104, Insurance Code;
               (29)  apprehension specialists and inspectors general
  commissioned by the Texas Juvenile Justice Department [Texas Youth
  Commission] as officers under Sections 242.102 and 243.052 [61.0451
  and 61.0931], Human Resources Code;
               (30)  officers appointed by the inspector general of
  the Texas Department of Criminal Justice under Section 493.019,
  Government Code;
               (31)  investigators commissioned by the Commission on
  Law Enforcement Officer Standards and Education under Section
  1701.160, Occupations Code;
               (32)  commission investigators commissioned by the
  Texas Private Security Board under Section 1702.061(f),
  Occupations Code;
               (33)  the fire marshal and any officers, inspectors, or
  investigators commissioned by an emergency services district under
  Chapter 775, Health and Safety Code;
               (34)  officers commissioned by the State Board of
  Dental Examiners under Section 254.013, Occupations Code, subject
  to the limitations imposed by that section;
               (35)  investigators commissioned by the Texas Juvenile
  Justice Department [Probation Commission] as officers under
  Section 221.011 [141.055], Human Resources Code; and
               (36)  the fire marshal and any related officers,
  inspectors, or investigators commissioned by a county under
  Subchapter B, Chapter 352, Local Government Code.
         SECTION 3.002.  Section 5(d), Article 18.20, Code of
  Criminal Procedure, is amended to read as follows:
         (d)  The Texas Juvenile Justice Department [Youth
  Commission] may own electronic, mechanical, or other devices for a
  use or purpose authorized by Section 242.104 [61.0455], Human
  Resources Code, and the inspector general of the Texas Juvenile
  Justice Department [Youth Commission], a commissioned officer of
  that office, or another person acting in the presence and under the
  direction of a commissioned officer of that office may possess,
  install, operate, or monitor those devices as provided by Section
  242.104 [61.0455].
         SECTION 3.003.  Section 29.012(e), Education Code, is
  amended to read as follows:
         (e)  This section does not apply to a residential treatment
  facility for juveniles established under Section 221.056
  [141.059], Human Resources Code.
         SECTION 3.004.  Section 51.13(c), Family Code, is amended to
  read as follows:
         (c)  A child may not be committed or transferred to a penal
  institution or other facility used primarily for the execution of
  sentences of persons convicted of crime, except:
               (1)  for temporary detention in a jail or lockup
  pending juvenile court hearing or disposition under conditions
  meeting the requirements of Section 51.12 of this code;
               (2)  after transfer for prosecution in criminal court
  under Section 54.02 of this code; or
               (3)  after transfer from the Texas Juvenile Justice
  Department [Youth Commission] under Section 245.151(c) [61.084],
  Human Resources Code.
         SECTION 3.005.  Section 51.21(a), Family Code, is amended to
  read as follows:
         (a)  A probation department that administers the mental
  health screening instrument or clinical assessment required by
  Section 221.003 [141.042(e)], Human Resources Code, shall refer the
  child to the local mental health authority for assessment and
  evaluation if:
               (1)  the child's scores on the screening instrument or
  clinical assessment indicate a need for further mental health
  assessment and evaluation; and
               (2)  the department and child do not have access to an
  internal, contract, or private mental health professional.
         SECTION 3.006.  Section 53.045(d), Family Code, is amended
  to read as follows:
         (d)  If the grand jury approves of the petition, the fact of
  approval shall be certified to the juvenile court, and the
  certification shall be entered in the record of the case.  For the
  purpose of the transfer of a child to the Texas Department of
  Criminal Justice as provided by Section 245.151(c) [61.084(c)],
  Human Resources Code, a juvenile court petition approved by a grand
  jury under this section is an indictment presented by the grand
  jury.
         SECTION 3.007.  Sections 54.11(a), (h), (i), and (j), Family
  Code, are amended to read as follows:
         (a)  On receipt of a referral under Section 244.014(a)
  [61.079(a)], Human Resources Code, for the transfer to the Texas
  Department of Criminal Justice of a person committed to the Texas
  Juvenile Justice Department [Youth Commission] under Section
  54.04(d)(3), 54.04(m), or 54.05(f), or on receipt of a request by
  the Texas Juvenile Justice Department [commission] under Section
  245.051(d) [61.081(g)], Human Resources Code, for approval of the
  release under supervision of a person committed to the Texas
  Juvenile Justice Department [commission] under Section
  54.04(d)(3), 54.04(m), or 54.05(f), the court shall set a time and
  place for a hearing on the release of the person.
         (h)  The hearing on a person who is referred for transfer
  under Section 244.014(a) [61.079(a)], Human Resources Code, shall
  be held not later than the 60th day after the date the court
  receives the referral.
         (i)  On conclusion of the hearing on a person who is referred
  for transfer under Section 244.014(a) [61.079(a)], Human Resources
  Code, the court may order:
               (1)  the return of the person to the Texas Juvenile
  Justice Department [Youth Commission]; or
               (2)  the transfer of the person to the custody of the
  Texas Department of Criminal Justice for the completion of the
  person's sentence.
         (j)  On conclusion of the hearing on a person who is referred
  for release under supervision under Section 245.051(c)
  [61.081(f)], Human Resources Code, the court may order the return
  of the person to the Texas Juvenile Justice Department [Youth
  Commission]:
               (1)  with approval for the release of the person under
  supervision; or
               (2)  without approval for the release of the person
  under supervision.
         SECTION 3.008.  Section 58.003(g-1), Family Code, is amended
  to read as follows:
         (g-1)  Any records collected or maintained by the Texas
  Juvenile Justice Department [Probation Commission], including
  statistical data submitted under Section 221.007 [141.044], Human
  Resources Code, are not subject to a sealing order issued under this
  section.
         SECTION 3.009.  Section 58.0072(b), Family Code, is amended
  to read as follows:
         (b)  Juvenile justice information consists of information of
  the type described by Section 58.104, including statistical data in
  any form or medium collected, maintained, or submitted to the Texas
  Juvenile Justice Department [Probation Commission] under Section
  221.007 [141.044], Human Resources Code.
         SECTION 3.010.  Section 41.310(b), Government Code, is
  amended to read as follows:
         (b)  In addition to the duties prescribed by Subsection (a),
  the counsellor shall on a quarterly basis provide the board of
  directors and the standing committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities with a report concerning offenses or
  delinquent conduct prosecuted by the unit on receiving a request
  for assistance under Section 241.007 [61.098], Human Resources
  Code, or a request for assistance otherwise from a prosecuting
  attorney.  A report under this subsection is public information
  under Chapter 552, Government Code, and the board of directors
  shall request that the commission publish the report on the
  commission's Internet website.  A report must be both aggregated
  and disaggregated by individual facility and include information
  relating to:
               (1)  the number of requests for assistance received
  under Section 241.007 [61.098], Human Resources Code, and requests
  for assistance otherwise received from prosecuting attorneys;
               (2)  the number of cases investigated and the number of
  cases prosecuted;
               (3)  the types and outcomes of cases prosecuted, such
  as whether the case concerned narcotics or an alleged incident of
  sexual abuse; and
               (4)  the relationship of a victim to a perpetrator, if
  applicable.
         SECTION 3.011.  Section 411.1141(a), Government Code, is
  amended to read as follows:
         (a)  The Texas Juvenile Justice Department [Youth
  Commission] is entitled to obtain from the department criminal
  history record information maintained by the department that
  relates to a person described by Section 242.013(b) [61.0357(b)],
  Human Resources Code.
         SECTION 3.012.  Section 493.017(d), Government Code, is
  amended to read as follows:
         (d)  A sex offender correction program that provides
  counseling sessions for a child who is released under supervision
  under Section 245.053 [61.0813], Human Resources Code, shall report
  to the Texas Juvenile Justice Department [Youth Commission], not
  later than the 15th day of each month, the following information
  about the child:
               (1)  the total number of counseling sessions attended
  by the child during the preceding month; and
               (2)  if during the preceding month the child terminates
  participation in the program before completing counseling, the
  reason for the child's termination of counseling or that the reason
  for the termination of counseling is unknown.
         SECTION 3.013.  Section 499.053, Government Code, is amended
  to read as follows:
         Sec. 499.053.  TRANSFERS FROM TEXAS JUVENILE JUSTICE
  DEPARTMENT [YOUTH COMMISSION]. (a)  The department [institutional
  division] shall accept persons transferred to the department 
  [division] from the Texas Juvenile Justice Department [Youth
  Commission] under Section 245.151 [61.084], Human Resources Code.
         (b)  A person transferred to the department [institutional
  division] from the Texas Juvenile Justice Department [Youth
  Commission] is entitled to credit on the person's sentence for the
  time served in the custody of the Texas Juvenile Justice Department 
  [youth commission].
         (c)  All laws relating to good conduct time and eligibility
  for release on parole or mandatory supervision apply to a person
  transferred to the department [institutional division] by the Texas
  Juvenile Justice Department [youth commission] as if the time the
  person was detained in a detention facility and the time the person
  served in the custody of the Texas Juvenile Justice Department 
  [youth commission] was time served in the custody of the department 
  [division].
         (d)  A person transferred from the Texas Juvenile Justice
  Department [Youth Commission] for the offense of capital murder
  shall become eligible for parole as provided in Section 508.145(d)
  for an offense listed in Section 3g, Article 42.12, Code of Criminal
  Procedure, or an offense for which a deadly weapon finding has been
  made.
         SECTION 3.014.  Section 508.156(a), Government Code, is
  amended to read as follows:
         (a)  Before the release of a person who is transferred under
  Section 245.051(c) [61.081(f)] or 245.151(e) [61.084(g)], Human
  Resources Code, to the department [division] for release on parole,
  a parole panel shall review the person's records and may interview
  the person or any other person the panel considers necessary to
  determine the conditions of parole.  The panel may impose any
  reasonable condition of parole on the person that the panel may
  impose on an adult inmate under this chapter.
         SECTION 3.015.  Section 614.019(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A child with mental illness or mental retardation who is
  discharged from the Texas Juvenile Justice Department [Youth
  Commission] under Section 244.011 [61.077], Human Resources Code,
  may receive continuity of care services from the office for a
  minimum of 90 days after discharge from the commission and for as
  long as necessary for the child to demonstrate sufficient stability
  to transition successfully to mental health or mental retardation
  services provided by a local mental health or mental retardation
  authority.
         SECTION 3.016.  Section 152.0007(b), Human Resources Code,
  is amended to read as follows:
         (b)  The board may establish guidelines for the initial
  assessment of a child by the juvenile probation department. The
  guidelines shall provide a means for assessing a child's mental
  health status, family background, and level of education. The
  guidelines shall assist the probation department in determining
  whether a comprehensive psychological evaluation of the child
  should be conducted. The board shall require that probation
  department personnel use assessment information compiled by the
  child's school, if the information is available, before conducting
  a comprehensive psychological evaluation of the child. The board
  may adopt all or part of the Texas Juvenile Justice Department's 
  [Juvenile Probation Commission's] minimum standards for assessment
  under Section 221.002 [141.042] in complying with this subsection.
         SECTION 3.017.  Sections 152.0011(b) and (c), Human
  Resources Code, are amended to read as follows:
         (b)  The juvenile board or local probation department may
  contract with a private vendor for the financing, construction,
  operation, maintenance, or management of a youth boot camp in the
  same manner as the state. [The juvenile board may not award a
  contract under this subsection unless the board requests proposals
  and receives a proposal that meets or exceeds, in addition to
  requirements specified in the request for proposals, the
  requirements specified in Section 141.0434.]
         (c)  A juvenile board youth boot camp must offer a program
  that complies with the requirements of the youth boot camps set
  forth in Section 246.001 [141.0432].
         SECTION 3.018.  Section 152.0301(f), Human Resources Code,
  is amended to read as follows:
         (f)  The juvenile board shall ensure that the chief juvenile
  officer and fiscal officer:
               (1)  keep the financial and statistical records and
  submit reports to the Texas Juvenile Justice Department [Probation
  Commission] as prescribed by Section 221.007 [141.044]; and
               (2)  submit periodic financial and statistical reports
  to the county commissioners court.
         SECTION 3.019.  Section 152.0791(g), Human Resources Code,
  is amended to read as follows:
         (g)  The juvenile board shall ensure that the chief juvenile
  officer and fiscal officer:
               (1)  keep the financial and statistical records and
  submit reports to the Texas Juvenile Justice Department [Probation
  Commission] as prescribed by Section 221.007 [141.044]; and
               (2)  submit periodic financial and statistical reports
  to the commissioners courts.
         SECTION 3.020.  Section 152.1371(f), Human Resources Code,
  is amended to read as follows:
         (f)  The juvenile board shall ensure that the chief juvenile
  officer and fiscal officer:
               (1)  keep the financial and statistical records and
  submit reports to the Texas Juvenile Justice Department [Probation
  Commission] as prescribed by Section 221.007 [141.044]; and
               (2)  submit periodic financial and statistical reports
  to the county commissioners court.
         SECTION 3.021.  Section 152.1431(f), Human Resources Code,
  is amended to read as follows:
         (f)  The juvenile board shall ensure that the chief juvenile
  officer and fiscal officer:
               (1)  keep the financial and statistical records and
  submit reports to the Texas Juvenile Justice Department [Probation
  Commission] as prescribed by Section 221.007 [141.044]; and
               (2)  submit periodic financial and statistical reports
  to the county commissioners court.
         SECTION 3.022.  Section 152.2511(f), Human Resources Code,
  is amended to read as follows:
         (f)  The juvenile board shall ensure that the chief juvenile
  officer and fiscal officer:
               (1)  keep the financial and statistical records and
  submit reports to the Texas Juvenile Justice Department [Probation
  Commission] as prescribed by Section 221.007 [141.044]; and
               (2)  submit periodic financial and statistical reports
  to the county commissioners court.
         SECTION 3.023.  Section 16.02(e-1), Penal Code, is amended
  to read as follows:
         (e-1)  It is a defense to prosecution under Subsection (d)(1)
  that the electronic, mechanical, or other device is possessed by a
  person authorized to possess the device under Section 500.008,
  Government Code, or Section 242.104 [61.0455], Human Resources
  Code.
  ARTICLE 4. TRANSITION AND EFFECTIVE DATE
         SECTION 4.001.  (a) Effective September 1, 2012,
  Subchapters A and B, Chapter 61, Human Resources Code, and
  Subchapters A and B, Chapter 141, Human Resources Code, are
  repealed.
         (b)  Effective September 1, 2012, the Texas Youth Commission
  and the Texas Juvenile Probation Commission are abolished and the
  powers and duties of those agencies are transferred to the Texas
  Juvenile Justice Board and the Texas Juvenile Justice Department in
  accordance with Title 12, Human Resources Code, as added by this
  Act.
         SECTION 4.002.  (a)  All money, records, property, and
  equipment in the possession of the Texas Youth Commission or the
  Texas Juvenile Probation Commission on September 1, 2012, shall be
  transferred to the possession of the Texas Juvenile Justice
  Department on September 1, 2012, or as soon as possible after that
  date.
         (b)  Effective September 1, 2012, a rule adopted by the Texas
  Youth Commission or the Texas Juvenile Probation Commission is a
  rule of the Texas Juvenile Justice Department until and unless that
  department amends or repeals the rule.
         (c)  Effective September 1, 2012, a memorandum of
  understanding entered into by the Texas Youth Commission or the
  Texas Juvenile Probation Commission is binding against the Texas
  Juvenile Justice Department to the same extent that the memorandum
  bound the agency that entered into the memorandum of understanding,
  until and unless the department enters into a new memorandum of
  understanding that modifies the department's responsibilities.
         SECTION 4.003.  Unless another provision of this Act
  specifically provides otherwise, the Texas Youth Commission and the
  Texas Juvenile Probation Commission, as applicable, shall
  implement each change in law made by this Act, including adopting
  any necessary or required rule, not later than September 1, 2012.
         SECTION 4.004.  (a)  The validity of a disposition of a child
  under Title 3, Family Code, made before, on, or after the effective
  date of this Act is not affected solely because:
               (1)  the terms of the disposition refer to the Texas
  Youth Commission or the Texas Juvenile Probation Commission; and
               (2)  during the time for the disposition is in effect,
  the Texas Youth Commission or the Texas Juvenile Probation
  Commission cease to exist and their powers and duties are
  transferred, as provided by this Act, to the Texas Juvenile Justice
  Department.
         (b)  The action of a juvenile probation department taken in
  relation to a child before, on, or after the effective date of this
  Act is not affected solely because:
               (1)  the terms of the action refer to the Texas Youth
  Commission or the Texas Juvenile Probation Commission; and
               (2)  during the time for the action is in effect, the
  Texas Youth Commission or the Texas Juvenile Probation Commission
  cease to exist and their powers and duties are transferred, as
  provided by this Act, to the Texas Juvenile Justice Department.
         (c)  The changes in law made by this Act to Title 3, Family
  Code, are not substantive in nature and apply to conduct by a child
  that occurs before, on, or after the effective date of this Act.
         SECTION 4.005.  (a)  This section applies only to a closed
  facility on real property owned by the Texas Youth Commission or the
  Texas Juvenile Justice Department that is located wholly or partly
  in a county that has a population of less than 100,000.
         (b)  The Texas Youth Commission or the Texas Juvenile Justice
  Department may transfer a closed facility to the county or
  municipality in which the facility is located.
         (c)  The consideration for the transfer authorized by
  Subsection (b) of this section is the requirement that the county or
  municipality use the property transferred only for a purpose that
  benefits the public interest of the state. If the county or
  municipality no longer uses the property for a public purpose,
  ownership of the property automatically reverts to the Texas
  Juvenile Justice Department.
         (d)  The Texas Youth Commission or the Texas Juvenile Justice
  Department shall transfer the property by an appropriate instrument
  of transfer, executed on the agency's behalf by the commissioner of
  the General Land Office.  The instrument of transfer must:
               (1)  provide that:
                     (A)  the transferee shall use the property only
  for a purpose that benefits the public interest of the state; and
                     (B)  ownership of the property will automatically
  revert to the Texas Juvenile Justice Department if the transferee
  uses the property for any purpose other than a purpose that benefits
  the interest of the state;
               (2)  describe the property to be transferred by metes
  and bounds; and
               (3)  exclude from the transfer all mineral interests in
  and under the property and prohibit any exploration, drilling, or
  other similar intrusion on the property related to mineral
  interests.
         (e)  The Texas Juvenile Justice Department shall retain
  custody of the instrument of transfer after the instrument of
  transfer is filed in the real property records of the county in
  which the property is located.
         (f)  This section expires September 1, 2017.
         SECTION 4.006.  This Act takes effect September 1, 2011.