By: Whitmire, Perry	S.B. No. 746

	A BILL TO BE ENTITLED
	AN ACT
	relating to the civil commitment of sexually violent predators;
	amending provisions subject to criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 841.002(1), (3), and (4), Health and
	Safety Code, are amended to read as follows:
	(1)  "Attorney representing the state" means a district
	attorney, criminal district attorney, or county attorney with
	felony criminal jurisdiction who represents the state in [an
	attorney employed by the civil division of the special prosecution
	unit to initiate and pursue] a civil commitment proceeding under
	this chapter.
	(3)  "Case manager" means a person employed by or under
	contract with the office to perform duties related to the
	[outpatient] treatment and supervision of a person committed under
	this chapter.
	(4)  "Office" means the Texas Civil Commitment Office
	[of Violent Sex Offender Management].
	SECTION 2.  Section 841.003(b), Health and Safety Code, is
	amended to read as follows:
	(b)  A person is a repeat sexually violent offender for the
	purposes of this chapter if the person is convicted of more than one
	sexually violent offense and a sentence is imposed for at least one
	of the offenses or if:
	(1)  the person:
	(A)  is convicted of a sexually violent offense,
	regardless of whether the sentence for the offense was ever imposed
	or whether the sentence was probated and the person was
	subsequently discharged from community supervision;
	(B)  enters a plea of guilty or nolo contendere
	for a sexually violent offense in return for a grant of deferred
	adjudication; or
	(C)  [is adjudged not guilty by reason of insanity
	of a sexually violent offense; or
	[(D)]  is adjudicated by a juvenile court as
	having engaged in delinquent conduct constituting a sexually
	violent offense and is committed to the Texas Juvenile Justice
	Department under Section 54.04(d)(3) or (m), Family Code; and
	(2)  after the date on which under Subdivision (1) the
	person is convicted, receives a grant of deferred adjudication, [is
	adjudged not guilty by reason of insanity,] or is adjudicated by a
	juvenile court as having engaged in delinquent conduct, the person
	commits a sexually violent offense for which the person[:
	[(A)]  is convicted, but only if the sentence for
	the offense is imposed[; or
	[(B)     is adjudged not guilty by reason of
	insanity].
	SECTION 3.  Section 841.007, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.007.  DUTIES OF TEXAS CIVIL COMMITMENT OFFICE [OF
	VIOLENT SEX OFFENDER MANAGEMENT]. The Texas Civil Commitment
	Office [of Violent Sex Offender Management] is responsible for:
	(1)  providing appropriate and necessary treatment and
	supervision for committed persons through the case management
	system; and
	(2)  developing and implementing a sex offender
	treatment program for persons committed under this chapter.
	SECTION 4.  Section 841.021, Health and Safety Code, is
	amended by amending Subsections (a) and (c) and adding Subsections
	(a-1) and (d) to read as follows:
	(a)  Subject to Subsection (a-1) and except as provided by
	Subsection (d), before [Before] the person's anticipated release
	date, the Texas Department of Criminal Justice shall give to the
	multidisciplinary team established under Section 841.022 written
	notice of the anticipated release of a person who:
	(1)  is serving a sentence for:
	(A)  a sexually violent offense described by
	Section 841.002(8)(A), (B), or (C); or
	(B)  what is, or as described by this chapter what
	the department reasonably believes may be determined to be, a
	sexually violent offense described by Section 841.002(8)(D); and
	(2)  may be a repeat sexually violent offender.
	(a-1)  Regardless of whether any exigent circumstances are
	present, the Texas Department of Criminal Justice may give notice
	under this section with respect to a person who is scheduled to be
	released on parole or to mandatory supervision only if the person's
	anticipated release date is not later than 24 months after the date
	on which the notice will be given. The department may not give
	notice with respect to a person who is currently released on parole
	or to mandatory supervision, but the multidisciplinary team may
	perform the functions described by Section 841.022(c) within the
	applicable period required by that subsection if the written notice
	required by this section was received by the team before the date of
	the person's release.
	(c)  The Texas Department of Criminal Justice [or the
	Department of State Health Services, as appropriate,] shall give
	the notice described by Subsection (a) [or (b)] not later than the
	first day of the 24th [16th] month before the person's anticipated
	release [or discharge] date, but under exigent circumstances may
	give the notice at any time before that [the anticipated release or
	discharge] date, except as provided by Subsection (a-1).  The
	notice must contain the following information:
	(1)  the person's name, identifying factors,
	anticipated residence after release [or discharge], and criminal
	history;
	(2)  documentation of the person's institutional
	adjustment and actual treatment; and
	(3)  an assessment of the likelihood that the person
	will commit a sexually violent offense after release [or
	discharge].
	(d)  The Texas Department of Criminal Justice may not provide
	notice under Subsection (a) of the anticipated release of a person
	for whom the department has previously provided notice under this
	section and who has been previously recommended for an assessment
	under Section 841.022 unless, after the recommendation for
	assessment was made:
	(1)  the person is convicted of a new sexually violent
	offense; or
	(2)  the person's parole or mandatory supervision is
	revoked based on:
	(A)  the commission of a new sexually violent
	offense;
	(B)  failure to adhere to the requirements of sex
	offender treatment and supervision; or
	(C)  failure to register as a sex offender.
	SECTION 5.  Section 841.022, Health and Safety Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended by amending Subsections (a) and (c) and
	adding Subsection (a-1) to read as follows:
	(a)  The executive director of the Texas Department of
	Criminal Justice [and the commissioner of state health services
	jointly] shall establish a multidisciplinary team to review
	available records of a person referred to the team under Section
	841.021.  The team must include:
	(1)  a mental health professional [one person] from the
	Department of State Health Services;
	(2)  two persons from the Texas Department of Criminal
	Justice as follows:
	(A)  [,] one person [of whom must be] from the
	victim services division; and
	(B)  one person from the sex offender
	rehabilitation program in the rehabilitation programs division [of
	that department];
	(3)  a licensed peace officer who is employed by the
	Department of Public Safety and who has at least five years'
	experience working for that department or the officer's designee
	[one person from the Department of Public Safety];
	(4)  two persons from the office [or office personnel];
	and
	(5)  a licensed sex offender treatment provider [one
	person] from the Council on Sex Offender Treatment.
	(a-1)  The Texas Department of Criminal Justice, in
	consultation with the office, shall provide training to the members
	of the multidisciplinary team regarding the civil commitment
	program under this chapter, including training regarding:
	(1)  eligibility criteria for commitment;
	(2)  the process for evaluating persons for commitment;
	and
	(3)  the sex offender treatment program for persons
	committed under this chapter.
	(c)  Not later than the 60th day after the date the
	multidisciplinary team receives notice under Section 841.021(a)
	[or (b)], the team shall:
	(1)  assess whether the person is a repeat sexually
	violent offender and whether the person is likely to commit a
	sexually violent offense after release [or discharge];
	(2)  give notice of that assessment to the Texas
	Department of Criminal Justice [or the Department of State Health
	Services, as appropriate]; and
	(3)  recommend the assessment of the person for a
	behavioral abnormality, as appropriate.
	SECTION 6.  Section 841.023, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.023.  ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
	(a)  Not later than the 60th day after the date of a recommendation
	under Section 841.022(c), the Texas Department of Criminal Justice
	[or the Department of State Health Services, as appropriate,] shall
	assess whether the person suffers from a behavioral abnormality
	that makes the person likely to engage in a predatory act of sexual
	violence.  To aid in the assessment, the department [required to
	make the assessment] shall use an expert to examine the person.  The
	[That] department may contract for the expert services required by
	this subsection.  The expert shall make a clinical assessment based
	on testing for psychopathy, a clinical interview, and other
	appropriate assessments and techniques to aid the department in its
	assessment.
	(b)  If as a result of the assessment the Texas Department of
	Criminal Justice [or the Department of State Health Services]
	believes that the person suffers from a behavioral abnormality, not
	later than the 60th day after the date of a recommendation under
	Section 841.022(c) the department [making the assessment] shall
	give notice of that assessment and provide corresponding
	documentation to the attorney representing the state for the county
	in which the person was most recently convicted of a sexually
	violent offense [not later than the 60th day after the date of a
	recommendation under Section 841.022(c)].
	SECTION 7.  Section 841.041(a), Health and Safety Code, is
	amended to read as follows:
	(a)  If a person is referred to the attorney representing the
	state under Section 841.023, the attorney may file, in the [a
	Montgomery County district] court of conviction for the person's
	most recent sexually violent offense [other than a family district
	court], a petition alleging that the person is a sexually violent
	predator and stating facts sufficient to support the allegation.
	SECTION 8.  Subchapter D, Chapter 841, Health and Safety
	Code, is amended by adding Section 841.065 to read as follows:
	Sec. 841.065.  AGREED ORDER. An agreed order of civil
	commitment must require the person to submit to the treatment and
	supervision administered by the office.
	SECTION 9.  Section 841.081, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.081.  CIVIL COMMITMENT OF PREDATOR. (a)  If at a
	trial conducted under Subchapter D the judge or jury determines
	that the person is a sexually violent predator, the judge shall
	commit the person for [outpatient] treatment and supervision to be
	coordinated by the office [case manager]. The commitment order is
	effective immediately on entry of the order, except that the
	[outpatient] treatment and supervision begins on the person's
	release from a secure correctional facility [or discharge from a
	state hospital] and continues until the person's behavioral
	abnormality has changed to the extent that the person is no longer
	likely to engage in a predatory act of sexual violence.
	(b)  At any time after entry of a commitment order under
	Subsection (a), the office [case manager] may provide to the person
	instruction regarding the requirements associated with the order,
	regardless of whether the person is incarcerated at the time of the
	instruction.
	SECTION 10.  Sections 841.082(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  Before entering an order directing a person's
	[outpatient] civil commitment, the judge shall impose on the person
	requirements necessary to ensure the person's compliance with
	treatment and supervision and to protect the community.  The
	requirements shall include:
	(1)  requiring the person to reside where instructed
	[in a Texas residential facility under contract with the office or
	at another location or facility approved] by the office;
	(2)  prohibiting the person's contact with a victim [or
	potential victim] of the person;
	(3)  [prohibiting the person's possession or use of
	alcohol, inhalants, or a controlled substance;
	[(4)]  requiring the person's participation in and
	compliance with the sex offender treatment program [a specific
	course of treatment] provided by the office and compliance with all
	written requirements imposed by the [case manager or otherwise by
	the] office;
	(4) [(5)]  requiring the person to:
	(A)  submit to tracking under a particular type of
	tracking service and to any other appropriate supervision; and
	(B)  refrain from tampering with, altering,
	modifying, obstructing, or manipulating the tracking equipment;
	and
	(5) [(6)]  prohibiting the person from [changing the
	person's residence without prior authorization from the judge and
	from] leaving the state without [that] prior authorization from the
	office[;
	[(7)     if determined appropriate by the judge,
	establishing a child safety zone in the same manner as a child
	safety zone is established by a judge under Section 13B, Article
	42.12, Code of Criminal Procedure, and requiring the person to
	comply with requirements related to the safety zone; and
	[(8)     any other requirements determined necessary by
	the judge].
	(b)  A tracking service to which a person is required to
	submit under Subsection (a)(4) [(a)(5)] must:
	(1)  track the person's location in real time;
	(2)  be able to provide a real-time report of the
	person's location to the office on [case manager at the case
	manager's] request; and
	(3)  periodically provide a cumulative report of the
	person's location to the office [case manager].
	SECTION 11.  Subchapter E, Chapter 841, Health and Safety
	Code, is amended by adding Section 841.0821 to read as follows:
	Sec. 841.0821.  SEX OFFENDER TREATMENT BEFORE RELEASE FROM
	SECURE CORRECTIONAL FACILITY. (a)  The Texas Department of
	Criminal Justice shall prioritize enrolling in a sex offender
	treatment program established by the department any committed
	person who has not yet been released by the department.
	(b)  The Texas Department of Criminal Justice and the office
	shall adopt a memorandum of understanding that establishes their
	respective responsibilities to institute a continuity of care for
	committed persons enrolled in a sex offender treatment program
	established by the department.
	SECTION 12.  Section 841.083, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.083.  TREATMENT; SUPERVISION. (a)  The office
	shall determine the conditions of supervision and treatment of a
	committed person [approve and contract for the provision of a
	treatment plan for the committed person to be developed by the
	treatment provider.     A treatment plan may include the monitoring of
	the person with a polygraph or plethysmograph.     The treatment
	provider may receive annual compensation in an amount not to exceed
	$10,000 for providing the required treatment].
	(b)  The office [case manager] shall provide supervision to
	the person.  The provision of supervision must include a tracking
	service and, if determined necessary by the office [required by
	court order], supervised housing.
	(c)  The office shall enter into appropriate memoranda of
	understanding with the Texas Department of Criminal Justice
	[Department of Public Safety] for the provision of a tracking
	service and with the Department of Public Safety and local law
	enforcement authorities for assistance in the preparation of
	criminal complaints, warrants, and related documents and in the
	apprehension and arrest of a person.
	(d)  The office shall enter into appropriate contracts
	[memoranda of understanding] for the provision of any necessary
	supervised housing and other related services and may enter into
	appropriate contracts for medical and mental health services and
	sex offender treatment. [The office shall reimburse the applicable
	provider for housing costs under this section.]
	(e)  The case manager shall:
	(1)  coordinate the [outpatient] treatment and
	supervision required by this chapter, including performing a
	periodic assessment of the success of that treatment and
	supervision; and
	(2)  [make timely recommendations to the judge on
	whether to allow the committed person to change residence or to
	leave the state and on any other appropriate matters; and
	[(3)]  provide a report to the office, semiannually or
	more frequently as necessary, which must include[:
	[(A)]  any known change in the person's status
	that affects proper treatment and supervision[; and
	[(B)  any recommendations made to the judge].
	SECTION 13.  Subchapter E, Chapter 841, Health and Safety
	Code, is amended by adding Sections 841.0831, 841.0832, 841.0833,
	841.0834, 841.0835, and 841.0836 to read as follows:
	Sec. 841.0831.  TIERED PROGRAM. (a)  The office shall
	develop a tiered program for the supervision and treatment of a
	committed person.
	(b)  The tiered program must provide for the seamless
	transition of a committed person from a total confinement facility
	to less restrictive housing and supervision and eventually to
	release from civil commitment, based on the person's behavior and
	progress in treatment.
	Sec. 841.0832.  HOUSING FACILITIES. (a)  The office shall
	operate, or contract with a vendor to operate, one or more
	facilities provided for the purpose of housing committed persons.
	(b)  The office shall designate a facility under Subsection
	(a) to serve as an intake and orientation facility for committed
	persons on release from a secure correctional facility.
	Sec. 841.0833.  SECURITY AND MONITORING. The office shall
	develop procedures for the security and monitoring of committed
	persons in each programming tier.
	Sec. 841.0834.  MOVEMENT BETWEEN PROGRAMMING TIERS.
	(a)  The office shall transfer a committed person to less
	restrictive housing and supervision if the transfer is in the best
	interests of the person and conditions can be imposed that
	adequately protect the community.
	(b)  Without the office's approval, a committed person may
	file a petition with the court for transfer to less restrictive
	housing and supervision.  The court shall grant the transfer if the
	court determines that the transfer is in the best interests of the
	person and conditions can be imposed that adequately protect the
	community.
	(c)  The office shall return a committed person who has been
	transferred to less restrictive housing and supervision to a more
	restrictive setting if the office considers the transfer necessary
	to further treatment and to protect the community. The decision to
	transfer the person must be based on the person's behavior or
	progress in treatment.
	(d)  A committed person returned to a more restrictive
	setting under Subsection (c) is entitled to file a petition with the
	court seeking review of the office's determination.  The court
	shall order the office to transfer the person to less restrictive
	housing and supervision only if the court determines that the
	office's determination was not made in accordance with Subsection
	(c).
	Sec. 841.0835.  COMMITTED PERSONS WITH SPECIAL NEEDS. The
	Health and Human Services Commission shall coordinate with the
	office to provide psychiatric services, disability services, and
	housing for a committed person with an intellectual or
	developmental disability, a mental illness, or a physical
	disability that prevents the person from effectively participating
	in the sex offender treatment program administered by the office.
	Sec. 841.0836.  RELEASE FROM HOUSING. A committed person
	released from housing operated by or under contract with the office
	shall be released to the county in which the person was most
	recently convicted of a sexually violent offense.
	SECTION 14.  Section 841.084, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.084.  PAYMENT OF COSTS BY COMMITTED PERSON [COST OF
	TRACKING SERVICE]. (a)  Notwithstanding Section 841.146(c), a
	civilly committed person who is not indigent:
	(1)  is responsible for the cost of:
	(A)  housing and treatment provided under this
	chapter; and
	(B)  the tracking service required by Section
	841.082; and
	(2)  monthly shall pay to the office the amount that the
	office determines will be necessary to defray the cost of providing
	the housing, treatment, and [operating the] service with respect to
	the person [during the subsequent month.     The office immediately
	shall transfer the money to the appropriate service provider].
	(b)  Money collected under this section shall be deposited to
	the credit of the account from which the costs were originally paid.
	SECTION 15.  Section 841.085(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A person commits an offense if, after having been
	adjudicated and civilly committed as a sexually violent predator
	under this chapter, the person violates a civil commitment
	requirement imposed under Section 841.082(a)(1), (2), (4), or (5)
	[841.082].
	SECTION 16.  Section 841.101(b), Health and Safety Code, is
	amended to read as follows:
	(b)  In preparation for a judicial review conducted under
	Section 841.102, the office [case manager] shall provide a report
	of the biennial examination to the judge and to the person.  The
	report must include consideration of whether to modify a
	requirement imposed on the person under this chapter and whether to
	release the person from all requirements imposed on the person
	under this chapter. [The case manager shall provide a copy of the
	report to the office.]
	SECTION 17.  Section 841.102(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Not later than the 60th day after the date of receipt of
	the report submitted under Section 841.101, the [The] judge shall
	conduct a biennial review of the status of the committed person and
	issue an order concluding the review or setting a hearing under
	Subsection (c).
	SECTION 18.  Section 841.121(a), Health and Safety Code, is
	amended to read as follows:
	(a)  If the office [case manager] determines that the
	committed person's behavioral abnormality has changed to the extent
	that the person is no longer likely to engage in a predatory act of
	sexual violence, the office [case manager] shall authorize the
	person to petition the court for release.
	SECTION 19.  Section 841.122, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.122.  RIGHT TO FILE UNAUTHORIZED PETITION FOR
	RELEASE. On a person's commitment and annually after that
	commitment, the office [case manager] shall provide the person with
	written notice of the person's right to file with the court and
	without the office's [case manager's] authorization a petition for
	release.
	SECTION 20.  Sections 841.123(a), (b), and (c), Health and
	Safety Code, are amended to read as follows:
	(a)  If the committed person files a petition for release
	without the office's [case manager's] authorization, the person
	shall serve the petition on the court and the attorney representing
	the state.
	(b)  The judge shall review and issue a ruling on [On receipt
	of] a petition for release filed by the committed person without the
	office's [case manager's] authorization not later than the 60th day
	after the date of filing of the petition[, the judge shall attempt
	as soon as practicable to review the petition].
	(c)  Except as provided by Subsection (d), the judge shall
	deny without a hearing a petition for release filed without the
	office's [case manager's] authorization if the petition is
	frivolous or if:
	(1)  the petitioner previously filed without the
	office's [case manager's] authorization another petition for
	release; and
	(2)  the judge determined on review of the previous
	petition or following a hearing that:
	(A)  the petition was frivolous; or
	(B)  the petitioner's behavioral abnormality had
	not changed to the extent that the petitioner was no longer likely
	to engage in a predatory act of sexual violence.
	SECTION 21.  Section 841.124(a), Health and Safety Code, is
	amended to read as follows:
	(a)  If as authorized by Section 841.123 the judge does not
	deny a petition for release filed by the committed person without
	the office's [case manager's] authorization, the judge shall
	conduct [as soon as practicable] a hearing on the petition not later
	than the 60th day after the date of filing of the petition.
	SECTION 22.  Section 841.141(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The office [by rule] shall adopt rules to:
	(1)  develop standards of care and case management for
	persons committed under this chapter;
	(2)  determine the conditions of supervision and
	treatment of a committed person; and
	(3)  develop and implement the tiered program described
	by Section 841.0831, including rules regarding a committed person's
	transition between programming tiers.
	SECTION 23.  Sections 841.142(b), (c), and (d), Health and
	Safety Code, are amended to read as follows:
	(b)  To protect the public and to enable the provision of
	supervision and treatment to a person who is a sexually violent
	predator, any entity that possesses relevant information relating
	to the person shall release the information to the office [case
	manager].
	(c)  On the written request of any attorney for another state
	or for a political subdivision in another state, the Texas
	Department of Criminal Justice, the office, a service provider
	contracting with one of those agencies, the multidisciplinary team,
	and the applicable attorney representing the state shall release to
	the attorney any available information relating to a person that is
	sought in connection with an attempt to civilly commit the person as
	a sexually violent predator in another state.
	(d)  To protect the public and to enable an assessment or
	determination relating to whether a person is a sexually violent
	predator or to enable the provision of supervision and treatment to
	a person who is a sexually violent predator, the Texas Department of
	Criminal Justice, the office, a service provider contracting with
	one of those agencies, the multidisciplinary team, and the
	applicable attorney representing the state may exchange any
	available information relating to the person.
	SECTION 24.  Section 841.144(b), Health and Safety Code, is
	amended to read as follows:
	(b)  If the person is indigent, the court shall appoint
	counsel [as appropriate under Section 841.005] to represent
	[assist] the person.
	SECTION 25.  Section 841.146(c), Health and Safety Code, is
	amended to read as follows:
	(c)  In an amount not to exceed $2,500, the State of Texas
	shall pay all costs associated with a civil commitment proceeding
	conducted under Subchapter D. The State of Texas shall pay the
	reasonable costs of state or appointed counsel or experts for any
	other civil commitment proceeding conducted under this chapter and
	shall pay the reasonable costs of the person's [outpatient]
	treatment and supervision.
	SECTION 26.  Section 841.147, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.147.  IMMUNITY.  The following persons are immune
	from liability for good faith conduct under this chapter:
	(1)  an employee or officer of the Texas Department of
	Criminal Justice[, the Department of State Health Services, the
	Department of Aging and Disability Services,] or the office;
	(2)  a member of the multidisciplinary team established
	under Section 841.022;
	(3)  the applicable attorney representing the state and
	an employee of the attorney [an employee of the civil division of
	the special prosecution unit charged with initiating and pursuing
	civil commitment proceedings under this chapter]; and
	(4)  a person providing, or contracting, appointed, or
	volunteering to perform, a tracking service or another service
	under this chapter.
	SECTION 27.  Section 841.150, Health and Safety Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	Sec. 841.150.  EFFECT OF SUBSEQUENT DETENTION, CONFINEMENT,
	OR COMMITMENT [OR CONFINEMENT] ON ORDER OF CIVIL COMMITMENT.
	(a)  The duties imposed on the office and the judge by this chapter
	are suspended for the duration of a detention or [any] confinement
	of a committed person in a correctional facility, secure
	correctional facility, or secure detention facility, or if
	applicable any other commitment of the [a] person to a community
	center, mental health facility, or state supported living center,
	by governmental action.
	(b)  In this section:
	(1)  "Community center" means a center established
	under Subchapter A, Chapter 534.
	(2)  "Correctional facility" has the meaning assigned
	by Section 1.07, Penal Code.
	(3)  "Mental health facility" has the meaning assigned
	by Section 571.003.
	(4)  "Secure correctional facility" and "secure
	detention facility" have the meanings assigned by Section 51.02,
	Family Code.
	(5) [(3)]  "State supported living center" has the
	meaning assigned by Section 531.002.
	SECTION 28.  Sections 841.151(b) and (c), Health and Safety
	Code, are amended to read as follows:
	(b)  This section applies to a person who has been civilly
	committed under this chapter and who is detained or confined in a
	correctional facility, secure correctional facility, or secure
	detention facility as a result of violating:
	(1)  a civil commitment requirement imposed under
	Section 841.082(a)(1), (2), (4), or (5) [841.082]; or
	(2)  a law of this state.
	(c)  Not later than the day preceding the date a correctional
	facility, secure correctional facility, or secure detention
	facility releases a person who, at the time of the person's
	detention or confinement, was civilly committed under this chapter
	as a sexually violent predator, the facility shall notify the
	office and the person's case manager in writing of the anticipated
	date and time of the person's release.
	SECTION 29.  Article 13.315, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 13.315.  FAILURE TO COMPLY WITH SEXUALLY VIOLENT
	PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section
	841.085, Health and Safety Code, may be prosecuted in the county in
	which any element of the offense occurs or in the court that retains
	jurisdiction over the civil commitment proceeding under Section
	841.082, Health and Safety Code [Montgomery County].
	SECTION 30.  Section 24.579(c), Government Code, is amended
	to read as follows:
	(c)  Notwithstanding any other law and only to the extent
	that the duties of those individuals relate to civil commitment
	proceedings under Chapter 841, Health and Safety Code, or to
	criminal cases involving offenses under Section 841.085, Health and
	Safety Code, and Article 62.203, Code of Criminal Procedure, the
	state shall pay the salaries of and other expenses related to the
	court reporter appointed for the 435th District Court under Section
	52.041 and the court coordinator appointed for the court under
	Section 74.101.  The salaries of the court reporter and court
	coordinator shall be set in amounts commensurate with the salaries
	paid by other district courts for those positions.
	SECTION 31.  Section 411.1389, Government Code, is amended
	to read as follows:
	Sec. 411.1389.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS CIVIL COMMITMENT OFFICE [OF VIOLENT SEX
	OFFENDER MANAGEMENT]. (a)  The Texas Civil Commitment Office [of
	Violent Sex Offender Management] is entitled to obtain from the
	department criminal history record information that is maintained
	by the department and that relates to a person who has applied with
	the office to be:
	(1)  an employee of the office; or
	(2)  a contracted service provider with the office.
	(b)  Criminal history record information obtained by the
	Texas Civil Commitment Office [of Violent Sex Offender Management]
	under Subsection (a) may not be released or disclosed to any person
	or agency except on court order or with the consent of the person
	who is the subject of the information.
	(c)  The Texas Civil Commitment Office [of Violent Sex
	Offender Management] shall destroy criminal history record
	information obtained under Subsection (a) as soon as practicable
	after the date on which, as applicable:
	(1)  the person's employment or contract with the
	office terminates; or
	(2)  the office decides not to employ or contract with
	the person.
	SECTION 32.  The heading to Chapter 420A, Government Code,
	is amended to read as follows:
	CHAPTER 420A. TEXAS CIVIL COMMITMENT OFFICE [OF VIOLENT SEX
	OFFENDER MANAGEMENT]
	SECTION 33.  Section 420A.001, Government Code, is amended
	to read as follows:
	Sec. 420A.001.  DEFINITIONS.  In this chapter:
	(1)  "Board" means the governing board of the Texas
	Civil Commitment Office [of Violent Sex Offender Management].
	(2)  "Office" means the Texas Civil Commitment Office
	[of Violent Sex Offender Management].
	SECTION 34.  Sections 420A.002(a), (b), and (c), Government
	Code, are amended to read as follows:
	(a)  The Texas Civil Commitment Office [of Violent Sex
	Offender Management] is a state agency.
	(b)  The office is governed by a board composed of five [the
	following three] members appointed by the governor, including:
	(1)  one member experienced in the management of sex
	offenders;
	(2)  one member experienced in the investigation or
	prosecution of sex offenses; and
	(3)  one member experienced in counseling or advocating
	on behalf of victims of sexual assault.
	(c)  Members of the board serve staggered two-year terms.
	Three [Two] members' terms expire February 1 of each even-numbered
	year and two members' terms expire [one member's term expires]
	February 1 of each odd-numbered year.
	SECTION 35.  Section 420A.004, Government Code, is amended
	to read as follows:
	Sec. 420A.004.  SUNSET PROVISION.  The Texas Civil
	Commitment Office [of Violent Sex Offender Management] is subject
	to Chapter 325 (Texas Sunset Act).  Unless continued in existence as
	provided by that chapter, the office is abolished and this chapter
	expires September 1, 2023.
	SECTION 36.  The following laws are repealed:
	(1)  Section 24.579(b), Government Code; and
	(2)  Sections 841.004, 841.005, 841.021(b), and
	841.085(c), Health and Safety Code.
	SECTION 37.  (a)  The changes in law made by this Act to
	Chapter 841, Health and Safety Code, apply to a civil commitment
	proceeding under that chapter that is initiated on or after the
	effective date of this Act, regardless of when the applicable
	petition for civil commitment was filed.
	(b)  If a civil commitment requirement imposed under Chapter
	841, Health and Safety Code, before the effective date of this Act
	differs from any of the civil commitment requirements listed in
	Section 841.082, Health and Safety Code, as amended by this Act, the
	applicable court with jurisdiction over the committed person shall,
	after notice and hearing, modify the requirement imposed as
	applicable to conform to that section.
	SECTION 38.  The change in law made by this Act in amending
	Section 841.085, Health and Safety Code, applies to an offense
	committed before, on, or after the effective date of this Act,
	except that a final conviction for an offense under that section
	that exists on the effective date of this Act remains unaffected by
	this Act.
	SECTION 39.  As soon as practicable after the effective date
	of this Act, the governor shall appoint the additional members to
	the governing board of the Texas Civil Commitment Office, as
	required by Section 420A.002, Government Code, as amended by this
	Act.  In making those appointments, the governor shall appoint one
	member to a term expiring February 1, 2016, and one member to a term
	expiring February 1, 2017.
	SECTION 40.  To the extent of any conflict, this Act prevails
	over another Act of the 84th Legislature, Regular Session, 2015,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 41.  This Act takes effect September 1, 2015.