Amend CSSB 103 (House committee printing) as follows:
(1) Immediately following SECTION 2 of the bill, amending Article 104.003(a), Code of Criminal Procedure (page 5, between
lines 26 and 27), insert the following appropriately numbered
SECTION:
SECTION ____. Section 37.203(a), Education Code, is amended
to read as follows:
(a) The center is advised by a board of directors composed
of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
(4) the executive commissioner [director] of the Texas
Youth Commission, or the executive commissioner's [director's]
designee;
(5) the commissioner of the Texas Department of Mental
Health and Mental Retardation, or the commissioner's designee; and
(6) the following members appointed by the governor
with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
(2) Immediately following SECTION 11 of the bill, adding
Section 493.026, Government Code (page 19, between lines 4 and 5),
insert the following appropriately numbered SECTION:
SECTION ____. Section 497.052(b), Government Code, is
amended to read as follows:
(b) The following individuals shall serve as ex officio
members of the authority:
(1) a member of the house of representatives
designated by the speaker of the house;
(2) a member of the senate designated by the
lieutenant governor;
(3) the executive director of the Texas Department of
Criminal Justice or the designee of the executive director;
(4) the executive director of the Texas Workforce
Commission or the designee of the executive director; and
(5) the executive commissioner [director] of the Texas
Youth Commission or the designee of the executive commissioner
[director].
(3) Immediately following SECTION 15 of the bill, amending
Section 815.505, Government Code (page 20, between lines 21 and
22), insert the following appropriately numbered SECTION:
SECTION ____. Section 551.008(a), Health and Safety Code,
is amended to read as follows:
(a) The department may transfer the South Campus of the
Vernon State Hospital to the Texas Youth Commission contingent upon
the agreement of the governing board of the department and the
executive commissioner [governing board] of the Texas Youth
Commission.
(4) Strike SECTION 16 of the bill, amending Section 61.001,
Human Resources Code (page 20, lines 22 through 25), and substitute
the following appropriately numbered SECTION:
SECTION __. Section 61.001, Human Resources Code, is
amended by amending Subdivisions (2) and (4) and adding Subdivision
(7) to read as follows:
(2) "Advisory board" ["Board"] means the advisory
[governing] board of the commission.
(4) "Executive commissioner [director]" means the
executive commissioner [director] of the commission.
(7) "Office of inspector general" means the office of
inspector general established under Section 61.0451.
(5) Strike SECTION 17 of the bill, amending Section
61.012(b), Human Resources Code (page 20, line 26, through page 21,
line 9), and substitute the following appropriately numbered
SECTIONS:
SECTION _____. Sections 61.012 and 61.0121, Human Resources
Code, are amended to read as follows:
Sec. 61.012. EXECUTIVE COMMISSIONER [MEMBERS OF THE
GOVERNING BOARD]. (a) The [governing board of the] Texas Youth
Commission is governed by an executive commissioner [consists of
seven members] appointed by the governor with the consent of the
senate. The appointment of the executive commissioner
[Appointments to the board] shall be made without regard to the
race, color, disability, sex, religion, age, or national origin of
the appointee [appointees].
(b) [Members of the board must be citizens who are
recognized within their communities for their interest in youth.
[(c)] The executive commissioner holds [board members hold]
office for a term of not more than two years expiring February 1 of
odd-numbered [staggered terms of six years, with the terms of two or
three members expiring every two] years.
(c) The executive commissioner [(d) A member] is eligible
for reappointment with the consent of the senate.
(d) The executive commissioner is a full-time state officer
who is entitled to a salary and reimbursement for actual expenses
incurred while on commission business.
Sec. 61.0121. QUALIFICATIONS FOR EXECUTIVE COMMISSIONER,
ADVISORY BOARD MEMBERS, AND EMPLOYEES. (a) A person is not
eligible for appointment as executive commissioner or as a member
of [to] the advisory board 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
commission;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the commission; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law [for board
membership, attendance, or expenses].
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of criminal or juvenile justice may
not be the executive commissioner, a member of the advisory board,
or an employee of the commission who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary schedule.
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of
criminal justice or juvenile justice may not be the executive
commissioner, a member of the advisory board, or [and may not be] an
employee of the commission who is exempt from the state's position
classification plan or is compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group 17, of the position classification salary schedule.
(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.
(e) A person may not be appointed as executive commissioner,
serve as a member of the advisory board, or act as the general
counsel to the executive commissioner, the advisory board, or the
commission if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the commission.
SECTION ____. Subchapter B, Chapter 61, Human Resources
Code, is amended by adding Section 61.0123 to read as follows:
Sec. 61.0123. REMOVAL OF EXECUTIVE COMMISSIONER FROM
OFFICE. (a) It is a ground for removal from office as executive
commissioner if the executive commissioner:
(1) does not have at the time of appointment the
qualifications required by Section 61.0121(a) for appointment;
(2) does not maintain while serving as executive
commissioner the qualifications required by Section 61.0121(a) for
appointment; or
(3) violates a prohibition established by Section
61.0121(b) or (c).
(b) The validity of an action of the executive commissioner
is not affected by the fact that it was taken when a ground for
removal existed.
(c) If the advisory board has knowledge that a potential
ground for removal exists under this section, the chairman of the
advisory board shall notify the executive commissioner, the
governor, and the attorney general of the potential ground for
removal.
SECTION ____. Section 61.013, Human Resources Code, is
amended to read as follows:
Sec. 61.013. ADVISORY BOARD [PRESIDING OFFICER; MEETINGS].
(a) An advisory board for the commission is established to:
(1) advise the executive commissioner on matters
concerning the commission; and
(2) assist the executive commissioner in the
performance of the executive commissioner's duties. [The
governor shall designate a member of the board as the chairman of
the board to serve in that capacity at the pleasure of the
governor.]
(b) The advisory board is composed of nine members appointed
by the governor. The governor shall designate a member of the
advisory board as the chairman of the advisory board to serve in
that capacity at the pleasure of the governor. [The board shall meet
at least four times each year.]
(c) The appointment of a member of the advisory board shall
be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointee [A meeting shall
be held on the call of the chairman or on the request of four members
at the time and place designated by the chairman].
(d) Members of the advisory board must be citizens who are
recognized within their communities for their interest in youth.
The board shall be composed of at least one physician, an
experienced member of a victims advocacy organization, a mental
health professional, and a current or former prosecutor or judge. A
majority of the members of the advisory board must be qualified, by
experience or education, in the development and administration of
programs for the rehabilitation and reestablishment in society of
children in the custody of agencies similar in mission and scope to
the commission.
(e) The advisory board shall meet at least four times each
year. A meeting shall be held at the call of the chairman or on the
request of five members at a time and place designated by the
chairman.
(f) Advisory board members are entitled to receive a per
diem in the amount provided in the General Appropriations Act for
not more than 90 days in any fiscal year, plus reimbursement for
actual expenses incurred while on advisory board business.
(g) A member of the advisory board serves at the pleasure of
the governor.
(6) In SECTION 18 of the bill, strike amended Section
61.019, Human Resources Code (page 21, lines 12 through 17), and
substitute the following:
Sec. 61.019. DELEGATION OF POWERS AND DUTIES. (a) Any
power, duty, or function of the commission that is not assigned by
statute to the chief inspector general of the office of inspector
general [or of the board] may be exercised and performed by the
executive commissioner.
(b) The executive commissioner may delegate to [director
or] any [member or] employee designated or assigned by the [board or
by the] executive commissioner a power, duty, or function of the
executive commissioner or the commission that is not already
assigned by statute to the chief inspector general of the office of
inspector general [director].
(7) Immediately following SECTION 18 of the bill, amending
Sections 61.019 and 61.0191, Human Resources Code (page 22, between
lines 17 and 18), insert the following appropriately numbered
SECTION:
SECTION ____. Section 61.022, Human Resources Code, is
amended to read as follows:
Sec. 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The
commission shall comply with federal and state laws related to
program and facility accessibility. The executive commissioner
[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.
(8) Immediately following SECTION 21 of the bill, adding
Sections 61.0331, 61.0332, and 61.0345, Human Resources Code (page
24, immediately following line 27), insert the following
appropriately numbered SECTION:
SECTION ____. Section 61.034, Human Resources Code, is
amended to read as follows:
Sec. 61.034. POLICIES AND RULES. (a) The executive
commissioner [The commission] is responsible for the adoption of
all policies and shall make rules appropriate to the proper
accomplishment of the commission's [its] functions.
(b) The executive commissioner [commission] shall adopt
rules for the government of the schools, facilities, and programs
under the commission's [its] authority and shall see that the
schools, facilities, and programs are conducted according to law
and to the executive commissioner's [commission's] rules. The
purpose of the rules and of all education, work, training,
discipline, recreation, and other activities in the schools,
facilities, and programs is to restore and increase the
self-respect and self-reliance of the youth under the authority of
the commission and to qualify them for good citizenship and
honorable employment.
(9) Immediately following SECTION 22 of the bill, amending
Section 61.035, Human Resources Code (page 25, between lines 15 and
16), insert the following appropriately numbered SECTIONS:
SECTION ____. Sections 61.0351, 61.0352, and 61.0354, Human
Resources Code, are amended to read as follows:
Sec. 61.0351. PROFESSIONAL INFORMATION FOR ADVISORY BOARD
MEMBERS AND EMPLOYEES. The executive commissioner [director or the
executive director's designee] shall provide to members of the
advisory board and to commission employees, as often as is
necessary, information regarding 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 executive
commissioner [board] shall develop and implement policies that
clearly separate the policymaking responsibilities of the
executive commissioner [board] and the management responsibilities
of the [executive director and the] staff of the commission.
Sec. 61.0354. JOB PERFORMANCE EVALUATIONS. The executive
commissioner [director or the executive director's designee] shall
develop a system of annual performance evaluations that are based
on documented employee performance. All merit pay for commission
employees must be based on the system established under this
section.
SECTION ____. Section 61.0355(a), Human Resources Code, is
amended to read as follows:
(a) The executive commissioner [director or the executive
director's designee] 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 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 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.
(10) In SECTION 23 of the bill, in added Section 61.0357,
Human Resources Code (page 28, lines 14 through 15 and 26 through
27, and page 29, line 6), strike "executive director or the
executive director's designee" each place it appears and substitute
"executive commissioner".
(11) In SECTION 23 of the bill, in added Section
61.0451(b)(1), Human Resources Code (page 30, line 22), strike
"director" and substitute "commissioner".
(12) In SECTION 23 of the bill, in added Section
61.0451(b)(2), Human Resources Code (page 30, line 23), between
"the" and "board", insert "advisory".
(13) In SECTION 23 of the bill, in added Section 61.0451(f),
Human Resources Code (page 32, line 1), strike "board" and
substitute "executive commissioner".
(14) In SECTION 23 of the bill, in added Section
61.0451(g)(1), Human Resources Code (page 32, line 8), strike
"director" and substitute "commissioner".
(15) In SECTION 23 of the bill, in added Section
61.0451(g)(2), Human Resources Code (page 32, line 9), between
"the" and "board", insert "advisory".
(16) In SECTION 23 of the bill, in added Section 61.0451(i),
Human Resources Code (page 33, line 6), strike "director, the
board" and substitute "commissioner, the advisory board".
(17) In SECTION 23 of the bill, in added Section 61.0451(i),
Human Resources Code (page 33, line 9), strike "board" and
substitute "executive commissioner".
(18) Immediately following SECTION 23 of the bill, adding
Sections 61.0356, 61.0357, 61.0386, 61.0451, 61.0452, 61.0461,
61.061, 61.062, and 61.0651, Human Resources Code (page 36, between
lines 6 and 7), insert the following appropriately numbered
SECTION:
SECTION ____. Sections 61.0423 and 61.044, Human Resources
Code, are amended to read as follows:
Sec. 61.0423. PUBLIC HEARINGS. The executive commissioner
[board] shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the executive
commissioner or the executive commissioner's designee [board] and
to speak on any issue under the jurisdiction of the commission.
Sec. 61.044. BIENNIAL BUDGET. [DUTIES OF EXECUTIVE
DIRECTOR. (a) The executive director shall perform the duties
assigned by the commission.
[(b)] The executive commissioner [director] shall prepare
[and submit to the commission for its approval] 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
[commission] in the form and manner and within the time prescribed
by law.
(19) In SECTION 30 of the bill, in added Section 61.0815(c),
Human Resources Code (page 43, lines 22 and 25, and page 44, line
1), strike "board" each place it appears and substitute "executive
commissioner".
(20) Immediately following SECTION 32 of the bill, amending
Section 61.0841, Human Resources Code (page 49, between lines 8 and
9), insert the following appropriately numbered SECTION:
SECTION ____. Section 61.093(a), Human Resources Code, is
amended to read as follows:
(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 [parole officer or other] commission employee
designated by the executive commissioner [director] may, without a
warrant or other order, take the child into the custody of the
commission.
(21) In SECTION 33 of the bill, in added Section 61.099,
Human Resources Code (page 51, lines 8 and 10), strike "director"
each place it appears and substitute "commissioner".
(22) Immediately following SECTION 34 of the bill, adding
Chapter 64, Human Resources Code (page 59, between lines 4 and 5),
insert the following appropriately numbered SECTIONS:
SECTION ____. Section 141.022(a), Human Resources Code, is
amended to read as follows:
(a) The advisory council on juvenile services consists of:
(1) two juvenile court judges, appointed by the
commission;
(2) three juvenile probation officers, appointed by
the commission;
(3) two citizens who are knowledgeable of juvenile
services, appointed by the commission;
(4) the executive commissioner [director] of the Texas
Youth Commission or the commissioner's [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.
SECTION ____. Section 141.047(b), Human Resources Code, is
amended to read as follows:
(b) The director, the executive commissioner [director] 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.
SECTION ____. Section 141.0471(c), Human Resources Code, is
amended to read as follows:
(c) The governing board of the Texas Juvenile Probation
Commission and the executive commissioner of the Texas Youth
Commission [each agency] shall 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.
(23) In SECTION 38 of the bill, in Subdivision (3) of that
SECTION (page 60, line 18), strike "Section 61.084(f)," and
substitute "Sections 61.001(3), 61.0122, 61.014, 61.015, 61.0151,
61.017, and 61.084(f),".
(24) Strike SECTION 44 of bill (page 62, lines 9 through 13)
and substitute the following appropriately numbered SECTIONS:
SECTION ____. As soon as practicable after the effective
date of this Act, the governor shall appoint:
(1) the executive commissioner of the Texas Youth
Commission, as required by Section 61.012, Human Resources Code, as
amended by this Act, with a term of office expiring February 1,
2009;
(2) members of the advisory board of the Texas Youth
Commission, as required by Section 61.013, Human Resources Code, as
amended by this Act; and
(3) the independent ombudsman of the Texas Youth
Commission, as required by Section 64.051, Human Resources Code, as
added by this Act, with a term of office expiring February 1, 2009.
SECTION ____. A rule adopted by the Texas Youth Commission
before the effective date of this Act is a rule of the executive
commissioner of the Texas Youth Commission until superseded,
modified, or repealed by the executive commissioner.
(25) Renumber the SECTIONS of the bill appropriately.