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  By: Hinojosa, et al. S.B. No. 103
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Youth Commission; providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  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 
[State] Board [of Medical Examiners];
             (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 [Texas] 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 [Article 1.10D], Insurance Code;
             (29)  apprehension specialists and inspectors general
commissioned by the Texas Youth Commission as officers under
Sections 61.0451 and [Section] 61.0931, Human Resources Code;
             (30)  officers appointed by the executive director 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 [Commission on] 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; and
             (34)  officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section.
       SECTION 2.  Subsection (f), Article 61.10, Code of Criminal
Procedure, is amended to read as follows:
       (f)  The task force shall consist of:
             (1)  a representative of the Department of Public
Safety designated by the director of that agency;
             (2)  a representative of the Texas Department of
Criminal Justice designated by the executive director of that
agency;
             (3)  a representative of the Texas Youth Commission
designated by the executive commissioner [director] of that agency;
             (4)  a representative of the Texas Juvenile Probation
Commission designated by the executive director of that agency;
             (5)  a representative of the Criminal Justice Policy
Council designated by the executive director of that agency;
             (6)  a representative of the office of the attorney
general designated by the attorney general; and
             (7)  three local law enforcement or adult or juvenile
community supervision personnel and a prosecuting attorney
designated by the governor.
       SECTION 3.  Subsection (a), Article 104.003, Code of
Criminal Procedure, is amended to read as follows:
       (a)  In a prosecution of a felony committed while the actor
was a prisoner in the custody of the Texas Department of Criminal
Justice, [Corrections or] a prosecution of an offense committed in
the department by any person under Section 38.11, Penal Code
[Chapter 21, Acts of 55th Legislature, Regular Session, 1957
(Article 6184m, Vernon's Texas Civil Statutes)], [or] Chapter 481,
Health and Safety Code, or Sections 485.031 through 485.035, Health
and Safety Code, a prosecution of a criminal offense or delinquent
conduct committed on property owned or operated by or under
contract with the Texas Youth Commission, or a prosecution of a
criminal offense or delinquent conduct committed by or against a
person in the custody of the commission while the person was
performing a duty away from commission property, the state shall
reimburse the county for expenses incurred by the county, in an
amount that the court determines to be reasonable, for payment of:
             (1)  salaries and expenses of foreign language
interpreters and interpreters for deaf persons whose services are
necessary to the prosecution;
             (2)  consultation fees of experts whose assistance is
directly related to the prosecution;
             (3)  travel expenses for witnesses;
             (4)  expenses for the food, lodging, and compensation
of jurors;
             (5)  compensation of witnesses;
             (6)  the cost of preparation of a statement of facts and
a transcript of the trial for purposes of appeal;
             (7)  if the death of a person is an element of the
offense, expenses of an inquest relating to the death;
             (8)  food, lodging, and travel expenses incurred by the
prosecutor's staff during travel essential to the prosecution of
the offense;
             (9)  court reporter's fees; and
             (10)  the cost of special security officers.
       SECTION 4.  Subsection (a), Section 37.203, 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.
       SECTION 5.  Subsections (d), (o), and (u), Section 54.04,
Family Code, are amended to read as follows:
       (d)  If the court or jury makes the finding specified in
Subsection (c) allowing the court to make a disposition in the case:
             (1)  the court or jury may, in addition to any order
required or authorized under Section 54.041 or 54.042, place the
child on probation on such reasonable and lawful terms as the court
may determine:
                   (A)  in the child's own home or in the custody of a
relative or other fit person; or
                   (B)  subject to the finding under Subsection (c)
on the placement of the child outside the child's home, in:
                         (i)  a suitable foster home; or
                         (ii)  a suitable public or private
institution or agency, except the Texas Youth Commission;
             (2)  if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that violates a penal law of this state or the United States of the
grade of felony [or, if the requirements of Subsection (s) or (t)
are met, of the grade of misdemeanor,] and if the petition was not
approved by the grand jury under Section 53.045, the court may
commit the child to the Texas Youth Commission without a
determinate sentence;
             (3)  if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that included a violation of a penal law listed in Section 53.045(a)
and if the petition was approved by the grand jury under Section
53.045, the court or jury may sentence the child to commitment in
the Texas Youth Commission with a possible transfer to the
[institutional division or the pardons and paroles division of the]
Texas Department of Criminal Justice for a term of:
                   (A)  not more than 40 years if the conduct
constitutes:
                         (i)  a capital felony;
                         (ii)  a felony of the first degree; or
                         (iii)  an aggravated controlled substance
felony;
                   (B)  not more than 20 years if the conduct
constitutes a felony of the second degree; or
                   (C)  not more than 10 years if the conduct
constitutes a felony of the third degree;
             (4)  the court may assign the child an appropriate
sanction level and sanctions as provided by the assignment
guidelines in Section 59.003; or
             (5)  if applicable, the court or jury may make a
disposition under Subsection (m).
       (o)  In a disposition under this title:
             (1)  a status offender may not, under any
circumstances, be committed to the Texas Youth Commission for
engaging in conduct that would not, under state or local law, be a
crime if committed by an adult;
             (2)  a status offender may not, under any circumstances
other than as provided under Subsection (n), be placed in a
post-adjudication secure correctional facility; [and]
             (3)  a child adjudicated for contempt of a county,
justice, or municipal court order may not, under any circumstances,
be placed in a post-adjudication secure correctional facility or
committed to the Texas Youth Commission for that conduct; and
             (4)  a child adjudicated as having engaged in
delinquent conduct violating a penal law of this state or the United
States of the grade of misdemeanor may not, under any
circumstances, be committed to the Texas Youth Commission for that
conduct.
       (u)  For the purposes of disposition under Subsection
(d)(2), delinquent conduct that violates a penal law of this state
of the grade of felony [or misdemeanor] does not include conduct
that violates a lawful order of a county, municipal, justice, or
juvenile court under circumstances that would constitute contempt
of that court.
       SECTION 6.  Subsection (f), Section 54.05, Family Code, is
amended to read as follows:
       (f)  Except as provided by Subsection (j), a disposition
based on a finding that the child engaged in delinquent conduct that
violates a penal law of this state or the United States of the grade
of felony [or, if the requirements of Subsection (k) are met, of the
grade of misdemeanor,] may be modified so as to commit the child to
the Texas Youth Commission if the court after a hearing to modify
disposition finds by a preponderance of the evidence that the child
violated a reasonable and lawful order of the court. A disposition
based on a finding that the child engaged in habitual felony conduct
as described by Section 51.031 or in delinquent conduct that
included a violation of a penal law listed in Section 53.045(a) may
be modified to commit the child to the Texas Youth Commission with a
possible transfer to the [institutional division or the pardons and
paroles division of the] Texas Department of Criminal Justice for a
definite term prescribed by Section 54.04(d)(3) if the original
petition was approved by the grand jury under Section 53.045 and if
after a hearing to modify the disposition the court finds that the
child violated a reasonable and lawful order of the court.
       SECTION 7.  Section 41.102, Government Code, is amended by
adding Subsection (c) to read as follows:
       (c)  The attorney general may offer to assist a prosecuting
attorney in the prosecution of criminal offenses concerning the
Texas Youth Commission.
       SECTION 8.  Chapter 325, Government Code, is amended by
adding Section 325.0121 to read as follows:
       Sec. 325.0121.  STUDY ON TRANSITION TOWARD REGIONALIZED
JUVENILE CORRECTIONS. (a)  The commission shall appoint an
advisory committee as provided by this section to develop a
practicable plan to move the Texas Youth Commission toward a
regionalized structure of smaller facilities and more diversified
treatment and placement options, taking into consideration the
likely effects of this regionalized structure on:
             (1)  recidivism;
             (2)  juvenile and family access to services; and
             (3)  costs to this state and the counties of this state.
       (b)  The commission shall take into consideration the
findings and recommendations of the advisory committee in its
report to the legislature under Section 325.012 as part of its
review of the Texas Youth Commission, which, as provided by Section
61.020, Human Resources Code, is abolished September 1, 2009,
unless continued in existence as provided by this chapter.
       (c)  The commission shall appoint an advisory committee not
later than December 1, 2007.
       (d)  The advisory committee consists of nine members
appointed by the commission in consultation with the Texas Youth
Commission, Texas Juvenile Probation Commission, governor,
lieutenant governor, and speaker of the house of representatives.  
At least three of the members must be nationally recognized experts
in the field of juvenile justice.  At least one of the members must
be a recognized advocate for children.
       (e)  The chairman of the commission shall designate a
presiding officer from among the members appointed to the advisory
committee.
       (f)  The advisory committee shall convene at the call of the
presiding officer.
       (g)  A member of the advisory committee may not receive
compensation from the state for committee service but may receive
reimbursement for travel to official meetings according to policies
established by the commission.
       (h)  Not later than December 1, 2008, the advisory committee
shall report the committee's findings and recommendations to the
commission.
       (i)  This section expires September 1, 2009.
       SECTION 9.  Subsection (b), Section 497.052, 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].
       SECTION 10.  Subdivision (9), Section 811.001, Government
Code, is amended to read as follows:
             (9)  "Law enforcement officer" means a member of the
retirement system who:
                   (A)  has been commissioned as a law enforcement
officer by the Department of Public Safety, the Texas Alcoholic
Beverage Commission, [or] the Parks and Wildlife Department, or the
office of inspector general at the Texas Youth Commission; and
                   (B)  is recognized as a commissioned law
enforcement officer by the Commission on Law Enforcement Officer
Standards and Education.
       SECTION 11.  Subsection (b), Section 814.104, Government
Code, is amended to read as follows:
       (b)  A member who is at least 55 years old and who has at
least 10 years of service credit as a commissioned peace officer
engaged in criminal law enforcement activities of the Department of
Public Safety, the Texas Alcoholic Beverage Commission, [or] the
Parks and Wildlife Department, or the office of inspector general
at the Texas Youth Commission, or as a custodial officer, is
eligible to retire and receive a service retirement annuity.
       SECTION 12.  Section 815.505, Government Code, is amended to
read as follows:
       Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
CUSTODIAL OFFICERS.  Not later than the 12th day of the month
following the month in which a person begins or ceases employment as
a law enforcement officer or custodial officer, the Public Safety
Commission, the Texas Alcoholic Beverage Commission, the Parks and
Wildlife Commission, the office of inspector general at the Texas
Youth Commission, the Board of Pardons and Paroles, or the Texas
Board of Criminal Justice, as applicable, shall certify to the
retirement system, in the manner prescribed by the system, the name
of the employee and such other information as the system determines
is necessary for the crediting of service and financing of benefits
under this subtitle.
       SECTION 13.  Subsection (a), Section 551.008, 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.
       SECTION 14.  Section 61.001, Human Resources Code, is
amended by amending Subdivisions (2) and (4) and adding
Subdivisions (7) and (8) 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.
             (8)  "Office of ombudsman" means the office of
ombudsman established under Section 61.0452.
       SECTION 15.  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 16.  Subchapter B, Chapter 61, Human Resources Code,
is amended by adding Section 61.0123 to read as follows:
       Sec. 61.0123.  REMOVAL FROM OFFICE:  EXECUTIVE COMMISSIONER.  
(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 17.  Sections 61.013, 61.0151, 61.019, 61.0191, and
61.022, Human Resources Code, are amended to read as follows:
       Sec. 61.013.  ADVISORY BOARD [PRESIDING OFFICER; MEETINGS].
(a)  An advisory board for the commission is established to:
             (1)  adopt policies and rules concerning any grievances
and complaints concerning the commission, as provided by Section
61.034;
             (2)  advise the executive commissioner on matters
concerning the commission; and
             (3)  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 with the consent of the senate. 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.
At least one member of the advisory board must be a member of a child
advocacy group and at least one member of the advisory board must be
a member of a victim's advocacy organization. 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)  Advisory board members serve for terms of not more than
two years expiring February 1 of odd-numbered years. An advisory
board member is eligible for reappointment with the consent of the
senate.
       (f)  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.
       (g)  Five members constitute a quorum for the exercise of
functions of the advisory board described by Subsection (a)(1).
       (h)  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.
       Sec. 61.0151.  REMOVAL FROM OFFICE:  ADVISORY BOARD MEMBERS.  
(a)  It is a ground for removal from the advisory board if a member:
             (1)  does not have at the time of appointment the
qualifications required by [Subsection (a) of] Section 61.0121(a)
[61.0121 of this chapter] for appointment to the advisory board;
             (2)  does not maintain during the member's service on
the advisory board the qualifications required by [Subsection (a)
of] Section 61.0121(a) [61.0121 of this chapter] for appointment to
the advisory board;
             (3)  violates a prohibition established by [Subsection
(b) or (c) of] Section 61.0121(b) or (c) [61.0121 of this chapter];
             (4)  is unable to discharge the member's duties for a
substantial part of the term for which the member was appointed
because of illness or disability; or
             (5)  is absent from more than one-half of the regularly
scheduled advisory board meetings that the member is eligible to
attend during each calendar year, except when the absence is
excused by majority vote of the advisory board.
       (b)  The validity of an action of the advisory board is not
affected by the fact that it was taken when a ground for removal of a
member of the advisory board existed.
       (c)  If the executive commissioner [director] has knowledge
that a potential ground for removal exists, the executive
commissioner [director] shall notify the chairman of the advisory 
board of the potential ground. The chairman of the advisory board
shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the chairman, the executive commissioner
[director] shall notify the next highest ranking officer of the
advisory board, who shall notify the governor and the attorney
general that a potential ground for removal exists.
       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 advisory board, the chief inspector general of the
office of inspector general, or the chief ombudsman of the office of
ombudsman [or of the board] may be exercised and performed by the
executive commissioner.
       (b)  The executive commissioner may delegate to the advisory
board or 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 advisory board or
that is not assigned by statute to the chief inspector general of
the office of inspector general or the chief ombudsman of the office
of ombudsman [director].
       Sec. 61.0191.  AUDIT; AUTHORITY OF STATE AUDITOR.  (a)  The
financial transactions of the commission are 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 Section 61.0451 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 state 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 chapter 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 commission, including
any witness statement or electronic data, that the state auditor
considers necessary for the audit, investigation, or review.
       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.
       SECTION 18.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0331 and 61.0332 to read as
follows:
       Sec. 61.0331.  INTERNAL AUDIT; REPORT. (a)  The commission
shall regularly conduct internal audits of the commission,
including audits of:
             (1)  correctional facilities operated by and under
contract with the commission; and
             (2)  medical services provided to children in the
custody of the commission.
       (b)  The commission shall on a quarterly basis report the
results of the audits to:
             (1)  the committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities; and
             (2)  the state auditor.
       Sec. 61.0332.  COMPLIANCE REPORTS. (a)  The commission
shall provide the joint select committee on the operation and
management of the Texas Youth Commission with reports concerning
the progress of the commission in complying with the requirements
of S.B. No. 103, Acts of the 80th Legislature, Regular Session,
2007. The commission shall prepare and deliver the first report to
the joint select committee on December 1, 2007, the second report to
the joint select committee on June 1, 2008, and the final report to
the joint select committee on December 1, 2008.
       (b)  This section expires January 1, 2009.
       SECTION 19.  Section 61.034, Human Resources Code, is
amended to read as follows:
       Sec. 61.034.  POLICIES AND RULES.  (a)  Except as provided
by Subsection (c), 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 and advisory board'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.
       (c)  The advisory board is responsible for the adoption of
all policies relating to all grievances and complaints concerning
the commission and shall adopt rules concerning grievance and
complaint policies and procedures, including rules concerning the
policies and procedures of the office of ombudsman.
       SECTION 20.  Subsection (b), Section 61.035, Human Resources
Code, is amended to read as follows:
       (b)  Except as otherwise provided by this chapter, an
employee of the commission is employed on an at-will basis [The
commission may remove any employee for cause, and a decision by the
commission is final].
       SECTION 21.  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, the policymaking responsibilities of the
advisory 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 22.  Subsection (a), Section 61.0355, 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.
       SECTION 23.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0356, 61.0357, and 61.0386 to read
as follows:
       Sec. 61.0356.  JUVENILE CORRECTIONAL OFFICERS; STAFFING.  
(a)  In this section, "juvenile correctional officer" means an
employee whose primary duty includes the custodial supervision of
children in the custody of the commission.
       (b)  The commission shall provide each juvenile correctional
officer employed by the commission with at least 300 hours of
training before the officer independently commences the officer's
duties at a 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
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)  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 commission;
             (11)  interpersonal relationship skills;
             (12)  the social and cultural lifestyles of children in
the custody of the 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 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
commission that has a dormitory, including an open-bay dormitory,
the 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 commission shall consider the age of a juvenile
correctional officer or other commission employee who performs
direct supervisory duties when determining the placement of the
officer or employee in a 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 executive commissioner shall adopt rules necessary
to administer this section.
       Sec. 61.0357.  NATIONAL CRIMINAL HISTORY RECORD INFORMATION
REVIEW. (a)  In this section:
             (1)  "Department" means the Department of Public
Safety.
             (2)  "National criminal history record information"
means criminal history record information obtained from the
department under Subchapter F, Chapter 411, Government Code, and
from the Federal Bureau of Investigation under Section 411.087,
Government Code.
       (b)  The executive commissioner shall review the national
criminal history record information of each person who:
             (1)  applies for employment with the commission;
             (2)  is employed by the commission; or
             (3)  volunteers with or provides direct delivery of
services to children in the custody of the commission.
       (c)  To enable the executive commissioner to conduct the
review, the executive commissioner shall adopt rules requiring a
person described by Subsection (b) to electronically provide the
department with a complete set of the person's fingerprints in a
form and of a quality acceptable to the department and the Federal
Bureau of Investigation.
       (d)  For a person described by Subsection (b)(2) or (3), the
executive commissioner shall review:
             (1)  on an annual basis, the person's national criminal
history record information; and
             (2)  on a continuing basis not less than once every
three months, the person's state criminal history record
information maintained by the department.
       (e)  The executive commissioner 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 commission in conducting the
initial review, including the costs of obtaining the person's
fingerprints.
       (f)  The executive commissioner shall adopt rules necessary
to administer this section.
       Sec. 61.0386.  ADVOCACY AND SUPPORT GROUPS. (a)  The
commission shall allow advocacy and support groups whose primary
functions are to benefit children, inmates, girls and women, the
mentally ill, and victims of sexual assault to provide on-site
information, support, and other services for children confined in
commission facilities.
       (b)  The 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 commission
facilities.
       (c)  The commission shall adopt standards consistent with
standards adopted by the Texas Department of Criminal Justice
regarding the confidential correspondence of children confined in
commission facilities with external entities, including advocacy
and support groups.
       SECTION 24.  Sections 61.0423 and 61.044, Human Resources
Code, are amended to read as follows:
       Sec. 61.0423.  PUBLIC HEARINGS. (a)  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 that is not under the jurisdiction of the advisory
board.
       (b)  The advisory board shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the advisory board and to speak on any issue under the
jurisdiction of the advisory board.
       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.
       SECTION 25.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0451 and 61.0452 to read as
follows:
       Sec. 61.0451.  OFFICE OF INSPECTOR GENERAL. (a)  The office
of inspector general is established at the commission for the
purpose of investigating:
             (1)  fraud committed by commission employees,
including parole officers employed by or under a contract with the
commission; and
             (2)  crimes committed at a facility operated by the
commission or at a residential facility operated by another entity
under a contract with the commission.
       (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 fraud or a criminal
offense 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 commissioner, the advisory board, the
governor's general counsel, and the state auditor any particularly
serious or flagrant problem concerning the administration of a
commission program or operation or any interference by the
executive commissioner or an employee of the commission with an
investigation conducted by the office.
       (j)  The office of inspector general or the chief inspector
general, as applicable, shall provide the joint select committee on
the operation and management of the Texas Youth Commission with the
reports required under Subsections (b) and (g) in addition to the
other persons who receive the reports under those subsections.
This subsection expires February 1, 2009.
       Sec. 61.0452.  OFFICE OF OMBUDSMAN. (a)  The office of
ombudsman is established at the commission for the purpose of:
             (1)  evaluating the delivery of services to children
committed to the commission;
             (2)  receiving and reviewing complaints concerning
commission actions;
             (3)  conducting investigations of complaints if the
office determines that:
                   (A)  a child committed to the commission or the
child's family may be in need of assistance from the office; or
                   (B)  a systemic issue in the commission's
provision of services is raised by a complaint;
             (4)  making an appropriate referral or providing
assistance to a child committed to the commission or to the child's
family if after an investigation the ombudsman determines the child
or the child's family is in need of assistance;
             (5)  advocating the best interests of the child in the
process of providing assistance to a child or the child's family;
             (6)  periodically reviewing facilities operated by or
under contract with the commission and the operating procedures of
such facilities;
             (7)  supervising advocates in their representation of
children committed to the commission in internal administrative and
disciplinary hearings; and
             (8)  taking appropriate actions to advise children
committed to the commission, the parents or guardians of the
children, and commission employees of the services of the office of
ombudsman, the purpose of the office, and the procedures to follow
in contacting the office.
       (b)  The office of ombudsman shall report the results of an
investigation conducted under this section to the executive
commissioner, the advisory board, and the standing committees of
the senate and house of representatives with primary jurisdiction
over matters concerning correctional facilities.
       (c)  Notwithstanding any other law, the office of ombudsman
may access, inspect, or copy any record necessary to carry out the
responsibilities provided under this section.
       (d)  In performing the responsibilities provided under this
section, an employee of the office of ombudsman may communicate
privately with a person who has received or is receiving services
from the commission. A communication described by this subsection
is confidential and not subject to disclosure under Chapter 552,
Government Code.
       (e)  The name, address, or other personally identifiable
information of a person who files a complaint with the office of
ombudsman, information generated by the office of ombudsman in the
course of an investigation, and confidential records obtained by
the office of 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.
       (f)  The 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 ombudsman or cooperates with the
office in an investigation.
       (g)  The executive commissioner shall select a chief
ombudsman.  The chief ombudsman may only be discharged for cause.
       SECTION 26.  Subchapter D, Chapter 61, Human Resources Code,
is amended by adding Sections 61.061 and 61.062 to read as follows:
       Sec. 61.061.  PLACEMENT RESTRICTIONS IN COMMISSION
FACILITIES.  (a)  The commission may not assign a male 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
commission determines that the placement is necessary to ensure the
safety of children in the custody of the commission.  This
subsection does not apply to a dormitory that is used exclusively
for short-term assessment and orientation purposes.
       (b)  The executive commissioner by rule shall adopt
scheduling, housing, and placement procedures for the purpose of
protecting vulnerable children in the custody of the commission.
The procedures must address the age, physical condition, and
treatment needs of a child as well as any other relevant factor.
       Sec. 61.062.  ESTABLISHMENT OF MINIMUM LENGTH OF STAY.  
(a)  The commission shall establish a minimum length of stay for
each child committed to the commission without a determinate
sentence.
       (b)  In establishing a minimum length of stay for a child,
the 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.
       SECTION 27.  Sections 61.071 and 61.072, Human Resources
Code, are amended to read as follows:
       Sec. 61.071.  INITIAL EXAMINATION. (a)  The 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 commission and shall include:
             (1)  long-term planning for the child; and
             (2)  consideration of the child's medical and treatment
history[, including a determination of whether the child will need
long-term residential care].
       (b)  For a child for whom a minimum length of stay is
established under Section 61.062 of one year or longer, the initial
examination must include a comprehensive psychiatric evaluation.
       (c)  The 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 commission shall as soon as
practicable conduct a psychiatric evaluation of the child.
       Sec. 61.072.  REEXAMINATION.  The 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 commission
concerning the child should be modified or continued.  The
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. The
examination of a child may be made as frequently as the commission
considers necessary [desirable], but shall be made at intervals not
exceeding six months [one year].
       SECTION 28.  Section 61.0731, Human Resources Code, is
amended by adding Subsection (c) to read as follows:
       (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.
       SECTION 29.  Subchapter E, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0763 and 61.0764 to read as
follows:
       Sec. 61.0763.  RIGHTS OF PARENTS. (a)  The commission shall
develop a parent's bill of rights for distribution to the parent or
guardian of a child 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 ombudsman;
             (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 review process under
Section 61.0815 for children 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 at least 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;
             (2)  the results of any reexamination of the child
conducted under Section 61.072; and
             (3)  information concerning any medical condition of
the child.
       Sec. 61.0764.  COMMISSION CASEWORKERS. (a)  The commission
shall assign a caseworker to a child committed to the commission. A
commission caseworker shall:
             (1)  explore family issues and needs with the parent or
guardian of a child committed to the commission;
             (2)  as needed, provide the parent or guardian of a
child committed to the commission with information concerning
programs and services provided by the commission or another
resource; and
             (3)  perform other duties required by the commission.
       (b)  A 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 native language of the
parent or guardian.
       SECTION 30.  Subsection (a), Section 61.079, Human Resources
Code, is amended to read as follows:
       (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 [21] years of age, the
commission may refer the child to the juvenile court that entered
the order of commitment for approval of the child's transfer to the
[institutional division of 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 61.081,
indicates that the welfare of the community requires the transfer.
       SECTION 31.  Subchapter E, Chapter 61, Human Resources Code,
is amended by adding Section 61.0791 to read as follows:
       Sec. 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 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 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 commission or who is transferred to the
Texas Department of Criminal Justice before the child's 18th
birthday.
       SECTION 32.  Subchapter F, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0814, 61.0815, and 61.0816 to read
as follows:
       Sec. 61.0814.  REENTRY AND REINTEGRATION PLAN. The
commission shall develop a reentry and reintegration plan for each
child committed to the custody of the commission. The commission
shall develop the plan in a timely manner so that the plan is
available when a child is reviewed under Section 61.0815 after
completion of the child's minimum length of stay.  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.
       Sec. 61.0815.  COMPLETION OF MINIMUM LENGTH OF STAY.
(a)  After a child who is committed to the commission without a
determinate sentence completes the minimum length of stay
established by the commission for the child under Section 61.062,
the commission shall, in the manner provided by this section:
             (1)  discharge the child from the custody of the
commission;
             (2)  release the child under supervision under Section
61.081; or
             (3)  extend the length of the child's stay in the
custody of the commission.
       (b)  The executive commissioner 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 commission as provided by
Subsection (a)(1), be released under supervision under Section
61.081 as provided by Subsection (a)(2), or remain in the custody of
the commission for an additional period of time as provided by
Subsection (a)(3).
       (c)  The executive commissioner shall determine the size of
the panel 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. A
member of the panel is an employee of the commission and may not be
involved in any supervisory decisions concerning children in the
custody of the commission. The executive commissioner shall adopt
policies that ensure the transparency, consistency, and
objectivity of the panel's composition, procedures, and decisions.
The executive commissioner shall appoint persons to serve as
members of the panel.
       (d)  The panel may extend the length of the child's stay as
provided by Subsection (a)(3) only if the panel determines by
majority vote and on the basis of clear and convincing evidence that
the child is in need of additional rehabilitation from the
commission and that the commission will provide the most suitable
environment for that rehabilitation. 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 commission and
must conduct an additional review and determination as provided by
this section on the child's completion of the additional term of
stay. If the panel determines that the child's length of stay
should not be extended, the commission must discharge the child
from the custody of the commission as provided by Subsection (a)(1)
or release the child under supervision under Section 61.081 as
provided by Subsection (a)(2).
       (e)  The commission shall maintain statistics of the number
of extensions granted by the panel. The statistics must include
aggregated information concerning:
             (1)  the race, age, sex, offense committed, 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.
       (f)  To the extent authorized under law, the statistics
maintained under Subsection (e) are public information under
Chapter 552, Government Code, and the commission shall post the
statistics on the commission's Internet website. The 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 (e).
       (g)  The commission shall provide a report to the parent,
guardian, or designated advocate of a child whose length of stay is
extended under this section explaining the panel's reason for the
extension.  The commission shall allow a parent, guardian, or
designated advocate of a child access to the documents that were
used by the panel in the child's review if the parent, guardian, or
designated advocate of a child requests access to the documents and
to the extent that providing access to the documents is not
prohibited by other law.  The report provided by the commission must
include the contact information for the panel and the commission
and a notice that the parent, guardian, or designated advocate of a
child may request access to the documents used in the child's review
and that the commission shall provide that access if providing
access to the document is not prohibited by law.
       Sec. 61.0816.  REQUEST FOR RECONSIDERATION OF EXTENSION
ORDER.  (a)  The executive commissioner by rule shall establish a
process to request the reconsideration of an extension order issued
by the panel established under Section 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 commission, or a person who
provides volunteer services at a 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 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
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 commission shall create a form for a request for
reconsideration of an extension order that is clear and easy to
understand. The commission shall ensure that a child may request
assistance in completing a request for reconsideration of an
extension order.
       (d)  The commission shall maintain statistics of the number
of requests for reconsideration of an extension order that are
submitted and the action taken on reconsideration of the extension
order. The statistics must include aggregated information
concerning:
             (1)  the race, age, sex, offense committed, 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.
       (e)  To the extent authorized under law, the statistics
maintained under Subsection (d) are public information under
Chapter 552, Government Code, and the commission shall post the
statistics on the commission's Internet website. The 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 (d).
       SECTION 33.  Subsections (e) and (g), Section 61.084, Human
Resources Code, are amended to read as follows:
       (e)  Except as provided by Subsection [(f) or] (g), the
commission shall discharge from its custody a person not already
discharged on the person's 19th [21st] birthday.
       (g)  The 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 commission under Section 54.11(i)(1), Family Code,
to the custody of the [pardons and paroles division of the] Texas
Department of Criminal Justice on the person's 19th [21st]
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.
       SECTION 34.  Subsection (a), Section 61.0841, Human
Resources Code, is amended to read as follows:
       (a)  Not later than the 90th day before the date the
commission transfers a person to the custody of [the pardons and
paroles division of] the Texas Department of Criminal Justice for
release on parole under Section 61.081(f) or 61.084(g) [61.084(f)
or (g)], the commission shall submit to the 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 commission;
             (6)  a record of the sentence time served by the person
at the 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 commission, local officials, family members of the person, [or]
victims of the offense, or the general public.
       SECTION 35.  Subsection (a), Section 61.093, 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.
       SECTION 36.  Subchapter G, Chapter 61, Human Resources Code,
is amended by adding Section 61.098 to read as follows:
       Sec. 61.098.  PROSECUTION OF CERTAIN CRIMES CONCERNING THE
COMMISSION.  (a)  As appropriate, the district attorney, criminal
district attorney, or county attorney performing the duties of a
district attorney who would otherwise represent the state in the
prosecution of an offense or delinquent conduct concerning the
commission and described by Article 104.003(a), Code of Criminal
Procedure, may request that the special prosecution unit prosecute
the offense or delinquent conduct.
       (b)  The special prosecution unit shall on a quarterly basis
provide the executive commissioner 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 special
prosecution unit on receiving a request for assistance under this
section. A report under this subsection is public information
under Chapter 552, Government Code, 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 number of requests for assistance received
under this section;
             (2)  the number of cases investigated and the number of
cases prosecuted on receiving a request for assistance under this
section;
             (3)  the types and outcomes of cases prosecuted by the
special prosecution unit on receiving a request for assistance
under this section, 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 37.  Subsection (a), Section 141.022, 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 38.  Subsection (b), Section 141.047, 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 39.  Subsection (c), Section 141.0471, 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.
       SECTION 40.  Subsection (c), Section 110.302, Occupations
Code, is amended to read as follows:
       (c)  The Texas Board of Criminal Justice may vote or the
executive commissioner [governing board] of the Texas Youth
Commission may decide [vote] to exempt employees of the Texas
Department of Criminal Justice or the Texas Youth Commission, as
appropriate, from a specific licensing requirement imposed under
this section if the board or executive commissioner determines that
the requirement causes financial or operational hardship on the
agency.
       SECTION 41.  Subsections (b) and (d), Section 39.04, Penal
Code, are amended to read as follows:
       (b)  An offense under Subsection (a)(1) is a Class A
misdemeanor. An offense under Subsection (a)(2) is a state jail
felony, except that an offense under Subsection (a)(2) is a felony
of the second degree if the individual is in the custody of the
Texas Youth Commission.
       (d)  The Attorney General of Texas shall have concurrent
jurisdiction with law enforcement agencies to investigate
violations of this statute involving serious bodily injury or
death, except that the attorney general shall have concurrent
jurisdiction with law enforcement agencies to investigate any
violation of this statute involving an individual in the custody of
the Texas Youth Commission.
       SECTION 42.  Subsection (a), Section 43.25, Penal Code, is
amended by amending Subdivision (1) and adding Subdivision (8) to
read as follows:
             (1)  "Sexual performance" means any performance or part
thereof that includes sexual conduct by a child [younger than 18
years of age].
             (8)  "Child" means a person who is:
                   (A)  younger than 18 years of age; or
                   (B)  in the custody of the Texas Youth Commission.
       SECTION 43.  Section 43.25, Penal Code, is amended by
amending Subsections (b), (d), and (g) and adding Subsection (f-1)
to read as follows:
       (b)  A person commits an offense if, knowing the character
and content thereof, he employs, authorizes, or induces a child
[younger than 18 years of age] to engage in sexual conduct or a
sexual performance. A parent or legal guardian or custodian of a
child [younger than 18 years of age] commits an offense if he
consents to the participation by the child in a sexual performance.
       (d)  A person commits an offense if, knowing the character
and content of the material, he produces, directs, or promotes a
performance that includes sexual conduct by a child [younger than
18 years of age].
       (f-1)  The affirmative defense to prosecution provided by
Subsection (f)(3) does not apply to the prosecution of an alleged
offense involving a child in the custody of the Texas Youth
Commission.
       (g)  When it becomes necessary for the purposes of this
section or Section 43.26 to determine the age of [whether] a child
who participated in sexual conduct [was younger than 18 years of
age], the court or jury may make this determination by any of the
following methods:
             (1)  personal inspection of the child;
             (2)  inspection of the photograph or motion picture
that shows the child engaging in the sexual performance;
             (3)  oral testimony by a witness to the sexual
performance as to the age of the child based on the child's
appearance at the time;
             (4)  expert medical testimony based on the appearance
of the child engaging in the sexual performance; or
             (5)  any other method authorized by law or by the rules
of evidence at common law.
       SECTION 44.  The following laws are repealed:
             (1)  Subsections (s) and (t), Section 54.04, Family
Code;
             (2)  Subsection (k), Section 54.05, Family Code; and
             (3)  Subdivision (3), Section 61.001, Sections
61.0122, 61.014, 61.015, and 61.017, and Subsection (f), Section
61.084, Human Resources Code.
       SECTION 45.  A person committed to the Texas Youth
Commission on the basis of conduct constituting the commission of
an offense of the grade of misdemeanor under Subdivision (2),
Subsection (d), Section 54.04, Family Code, as it existed before
the effective date of this Act, must be discharged from the custody
of the Texas Youth Commission not later than the person's 19th
birthday.
       SECTION 46.  The change in law made by this Act to Subsection
(b), Section 39.04, and Section 43.25, Penal Code, applies only to
an offense committed on or after September 1, 2007. An offense
committed before September 1, 2007, is governed by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before September 1, 2007, if any element of the
offense occurred before that date.
       SECTION 47.  (a)  Subsection (b), Section 61.0356, Human
Resources Code, as added by this Act, applies only to a juvenile
correctional officer hired by the Texas Youth Commission on or
after the effective date of this Act.  As soon as practicable but
not later than six months after the effective date of this Act, the
Texas Youth Commission shall complete providing the training to
juvenile correctional officers hired before the effective date of
this Act that is necessary to conform to the requirements of
Subsection (b), Section 61.0356, Human Resources Code, as added by
this Act.
       (b)  As soon as practicable after the effective date of this
Act, the Texas Youth Commission shall ensure that:
             (1)  each correctional facility operated by the
commission that has a dormitory, including an open-bay dormitory,
has a ratio of not less than one juvenile correctional officer
performing direct supervisory duties for every 12 children
committed to the facility, as required by Subsection (d), Section
61.0356, Human Resources Code, as added by this Act; and
             (2)  male children younger than 15 years of age are
assigned to separate correctional facility dorms from persons who
are at least 17 years of age as required by Section 61.061, Human
Resources Code, as added by this Act.
       SECTION 48.  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; and
             (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, with terms of office expiring February 1, 2009.
       SECTION 49.  Before October 1, 2007, the Texas Youth
Commission shall certify to the Employees Retirement System of
Texas, in the manner prescribed by the retirement system, the name
of each person employed by the office of inspector general at the
Texas Youth Commission as a law enforcement officer, as defined by
Section 811.001, Government Code, as amended by this Act, and any
other information the system determines is necessary for the
crediting of service and financing of benefits under Subtitle B,
Title 8, Government Code.
       SECTION 50.  As soon as practicable after the effective date
of this Act, the Texas Youth Commission shall, in the manner
prescribed by Section 61.0357, Human Resources Code, as added by
this Act, begin obtaining national criminal history record
information for each person who is described by Subsection (b),
Section 61.0357, Human Resources Code, as added by this Act.
       SECTION 51.  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 or the advisory board of
the Texas Youth Commission, as appropriate, until superseded,
modified, or repealed by the executive commissioner or advisory
board, as appropriate.
       SECTION 52.  This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2007.