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  S.B. No. 103
 
 
 
 
AN ACT
  relating to the Texas Youth Commission and the prosecution of
  certain offenses and delinquent conduct in the Texas Youth
  Commission and certain other criminal justice agencies; 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 (c), Article 61.06, Code of Criminal
  Procedure, is amended to read as follows:
         (c)  In determining whether information is required to be
  removed from an intelligence database under Subsection (b), the
  three-year period does not include any period during which the
  individual who is the subject of the information is:
               (1)  confined in the institutional division or the
  state jail division of the Texas Department of Criminal Justice;
               (2)  committed to a secure correctional facility
  operated by or under contract with the Texas Youth Commission, as
  defined by Section 51.02, Family Code; or
               (3)  committed to a facility operated by a juvenile
  board in lieu of being committed to a secure correctional facility
  operated by or under contract with the Texas Youth Commission.
         SECTION 3.  Subsection (a), Article 104.003, Code of
  Criminal Procedure, is amended to read as follows:
         (a)  In a prosecution of a criminal offense or delinquent
  conduct [felony] committed on property owned or operated by or
  under contract with [while the actor was a prisoner in the custody
  of] the Texas Department of Criminal Justice or the Texas Youth
  Commission, or committed by or against a person in the custody of
  the department or commission while the person is performing a duty
  away from department or commission property [Corrections or a
  prosecution of an offense committed in the department by any person
  under 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], 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.  Section 51.12, Family Code, is amended by adding
  Subsections (b-1), (c-1), and (m) and amending Subsections (c) and
  (i) to read as follows:
         (b-1)  A pre-adjudication secure detention facility may be
  operated only by:
               (1)  a governmental unit in this state as defined by
  Section 101.001, Civil Practice and Remedies Code; or
               (2)  a private entity under a contract with a
  governmental unit in this state.
         (c)  In each county, each judge of the juvenile court and a
  majority of the members of the juvenile board shall personally
  inspect all public or private [the] juvenile pre-adjudication
  secure detention facilities [and any public or private juvenile
  secure correctional facilities used for post-adjudication
  confinement] that are located in the county [and operated under
  authority of the juvenile board] at least annually and shall
  certify in writing to the authorities responsible for operating and
  giving financial support to the facilities and to the Texas
  Juvenile Probation Commission that the facilities [they] are
  suitable or unsuitable for the detention of children. In
  determining whether a facility is suitable or unsuitable for the
  detention of children, the juvenile court judges and juvenile board
  members shall consider:
               (1)  current monitoring and inspection reports and any
  noncompliance citation reports issued by the Texas Juvenile
  Probation Commission, including the report provided under
  Subsection (c-1), and the status of any required corrective
  actions;
               (2)  current governmental inspector certification
  regarding the facility's compliance with local fire codes;
               (3)  current building inspector certification
  regarding the facility's compliance with local building codes;
               (4)  for the 12-month period preceding the inspection,
  the total number of allegations of abuse, neglect, or exploitation
  reported by the facility and a summary of the findings of any
  investigations of abuse, neglect, or exploitation conducted by the
  facility, a local law enforcement agency, and the Texas Juvenile
  Probation Commission;
               (5)  the availability of health and mental health
  services provided to facility residents;
               (6)  the availability of educational services provided
  to facility residents; and
               (7)  the overall physical appearance of the facility,
  including the facility's security, maintenance, cleanliness, and
  environment.
         (c-1)  The Texas Juvenile Probation Commission shall
  annually inspect each public or private juvenile pre-adjudication
  secure detention facility. The Texas Juvenile Probation Commission
  shall provide a report to each juvenile court judge presiding in the
  same county as an inspected facility indicating whether the
  facility is suitable or unsuitable for the detention of children in
  accordance with:
               (1)  the requirements of Subsections (a), (f), and (g);
  and
               (2)  minimum professional standards for the detention
  of children in pre-adjudication [or post-adjudication] secure
  confinement promulgated by the Texas Juvenile Probation Commission
  or, at the election of the juvenile board of the county in which the
  facility is located, the current standards promulgated by the
  American Correctional Association.
         (i)  Except for [a facility operated or certified by the
  Texas Youth Commission or] a facility as provided by Subsection
  (l), a governmental unit or private entity that operates or
  contracts for the operation of a juvenile pre-adjudication secure
  detention facility under Subsection (b-1) [or a juvenile
  post-adjudication secure correctional facility] in this state
  shall:
               (1)  register the facility annually with the Texas
  Juvenile Probation Commission; and
               (2)  adhere to all applicable minimum standards for the
  facility.
         (m)  The Texas Juvenile Probation Commission may deny,
  suspend, or revoke the registration of any facility required to
  register under Subsection (i) if the facility fails to:
               (1)  adhere to all applicable minimum standards for the
  facility; or
               (2)  timely correct any notice of noncompliance with
  minimum standards.
         SECTION 6.  Chapter 51, Family Code, is amended by adding
  Section 51.125 to read as follows:
         Sec. 51.125.  POST-ADJUDICATION CORRECTIONAL FACILITIES.
  (a)  A post-adjudication secure correctional facility for juvenile
  offenders may be operated only by:
               (1)  a governmental unit in this state as defined by
  Section 101.001, Civil Practice and Remedies Code; or
               (2)  a private entity under a contract with a
  governmental unit in this state.
         (b)  In each county, each judge of the juvenile court and a
  majority of the members of the juvenile board shall personally
  inspect all public or private juvenile post-adjudication secure
  correctional facilities that are not operated by the Texas Youth
  Commission and that are located in the county at least annually and
  shall certify in writing to the authorities responsible for
  operating and giving financial support to the facilities and to the
  Texas Juvenile Probation Commission that the facility or facilities
  are suitable or unsuitable for the confinement of children.  In
  determining whether a facility is suitable or unsuitable for the
  confinement of children, the juvenile court judges and juvenile
  board members shall consider:
               (1)  current monitoring and inspection reports and any
  noncompliance citation reports issued by the Texas Juvenile
  Probation Commission, including the report provided under
  Subsection (c), and the status of any required corrective actions;
  and
               (2)  the other factors described under Sections
  51.12(c)(2)-(7).
         (c)  The Texas Juvenile Probation Commission shall annually
  inspect each public or private juvenile post-adjudication secure
  correctional facility that is not operated by the Texas Youth
  Commission. The Texas Juvenile Probation Commission shall provide
  a report to each juvenile court judge presiding in the same county
  as an inspected facility indicating whether the facility is
  suitable or unsuitable for the confinement of children in
  accordance with minimum professional standards for the confinement
  of children in post-adjudication secure confinement promulgated by
  the Texas Juvenile Probation Commission or, at the election of the
  juvenile board of the county in which the facility is located, the
  current standards promulgated by the American Correctional
  Association.
         (d)  A governmental unit or private entity that operates or
  contracts for the operation of a juvenile post-adjudication secure
  correctional facility in this state under Subsection (a), except
  for a facility operated by or under contract with the Texas Youth
  Commission, shall:
               (1)  register the facility annually with the Texas
  Juvenile Probation Commission; and
               (2)  adhere to all applicable minimum standards for the
  facility.
         (e)  The Texas Juvenile Probation Commission may deny,
  suspend, or revoke the registration of any facility required to
  register under Subsection (d) if the facility fails to:
               (1)  adhere to all applicable minimum standards for the
  facility; or
               (2)  timely correct any notice of noncompliance with
  minimum standards.
         SECTION 7.  Subsections (d) 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).
         (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 8.  Chapter 54, Family Code, is amended by adding
  Section 54.0401 to read as follows:
         Sec. 54.0401.  COMMUNITY-BASED PROGRAMS.  (a)  This section
  applies only to a county that has a population of at least 335,000.
         (b)  A juvenile court of a county to which this section
  applies may require a child who is found to have engaged in
  delinquent conduct that violates a penal law of the grade of
  misdemeanor and for whom the requirements of Subsection (c) are met
  to participate in a community-based program administered by the
  county's juvenile board.
         (c)  A juvenile court of a county to which this section
  applies may make a disposition under Subsection (b) for delinquent
  conduct that violates a penal law of the grade of misdemeanor:
               (1)  if:
                     (A)  the child has been adjudicated as having
  engaged in delinquent conduct violating a penal law of the grade of
  misdemeanor on at least two previous occasions;
                     (B)  of the previous adjudications, the conduct
  that was the basis for one of the adjudications occurred after the
  date of another previous adjudication; and
                     (C)  the conduct that is the basis of the current
  adjudication occurred after the date of at least two previous
  adjudications; or
               (2)  if:
                     (A)  the child has been adjudicated as having
  engaged in delinquent conduct violating a penal law of the grade of
  felony on at least one previous occasion; and
                     (B)  the conduct that is the basis of the current
  adjudication occurred after the date of that previous adjudication.
         (d)  The Texas Juvenile Probation Commission shall establish
  guidelines for the implementation of community-based programs
  described by this section.  The juvenile board of each county to
  which this section applies shall implement a community-based
  program that complies with those guidelines.
         (e)  The Texas Juvenile Probation Commission shall provide
  grants to selected juvenile boards to assist with the
  implementation of a system of community-based programs under this
  section.
         (f)  Not later than January 1, 2009, the Texas Juvenile
  Probation Commission shall prepare and deliver to the governor, the
  lieutenant governor, and each member of the legislature a report
  describing the implementation and effectiveness of the
  community-based  programs described by this section.  The report
  must include information relating to the cost of requiring a child
  to participate in a community-based program.  This subsection
  expires February 1, 2009.
         SECTION 9.  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 10.  Chapter 54, Family Code, is amended by adding
  Section 54.052 to read as follows:
         Sec. 54.052.  CREDIT FOR TIME SPENT IN DETENTION FACILITY
  FOR CHILD WITH DETERMINATE SENTENCE. (a)  This section applies
  only to a child who is committed to the Texas Youth Commission under
  a determinate sentence under Section 54.04(d)(3) or (m) or Section
  54.05(f).
         (b)  The judge of the court in which a child is adjudicated
  shall give the child credit on the child's sentence for the time
  spent by the child, in connection with the conduct for which the
  child was adjudicated, in a secure detention facility before the
  child's transfer to a Texas Youth Commission facility.
         (c)  If a child appeals the child's adjudication and is
  retained in a secure detention facility pending the appeal, the
  judge of the court in which the child was adjudicated shall give the
  child credit on the child's sentence for the time spent by the child
  in a secure detention facility pending disposition of the child's
  appeal. The court shall endorse on both the commitment and the
  mandate from the appellate court all credit given the child under
  this subsection.
         (d)  The Texas Youth Commission shall grant any credit under
  this section in computing the child's eligibility for parole and
  discharge.
         SECTION 11.  Subsection (a), Section 58.106, Family Code, is
  amended to read as follows:
         (a)  Except as otherwise provided by this section,
  information contained in the juvenile justice information system is
  confidential information for the use of the department and may not
  be disseminated by the department except:
               (1)  with the permission of the juvenile offender, to
  military personnel of this state or the United States;
               (2)  to a person or entity to which the department may
  grant access to adult criminal history records as provided by
  Section 411.083, Government Code;
               (3)  to a juvenile justice agency; [and]
               (4)  to [the Criminal Justice Policy Council,] the
  Texas Youth Commission[,] and the Texas Juvenile Probation
  Commission for analytical purposes; and
               (5)  to the office of independent ombudsman of the
  Texas Youth Commission.
         SECTION 12.  Section 261.201, Family Code, is amended by
  adding Subsections (i) and (j) to read as follows:
         (i)  Notwithstanding Subsection (a), the Texas Youth
  Commission shall release a report of alleged or suspected abuse or
  neglect made under this chapter if:
               (1)  the report relates to a report of abuse or neglect
  involving a child committed to the commission during the period
  that the child is committed to the commission; and
               (2)  the commission is not prohibited by Chapter 552,
  Government Code, or other law from disclosing the report.
         (j)  The Texas Youth Commission shall edit any report
  disclosed under Subsection (i) to protect the identity of:
               (1)  a child who is the subject of the report of alleged
  or suspected abuse or neglect;
               (2)  the person who made the report; and
               (3)  any other person whose life or safety may be
  endangered by the disclosure.
         SECTION 13.  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 14.  Chapter 41, Government Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E.  SPECIAL PROSECUTION UNIT
         Sec. 41.301.  DEFINITIONS. In this subchapter:
               (1)  "Board of directors" means the board of directors
  of the unit.
               (2)  "Commission" means the Texas Youth Commission.
               (3)  "Department" means the Texas Department of
  Criminal Justice.
               (4)  "Executive board" means the executive board
  governing the board of directors of the unit.
               (5)  "Prosecuting attorney" means a district attorney,
  a criminal district attorney, or a county attorney representing the
  state in criminal matters before the district or inferior courts of
  the county.
               (6)  "Unit" means the special prosecution unit.
         Sec. 41.302.  GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.
  The special prosecution unit is an independent unit that cooperates
  with and supports prosecuting attorneys in prosecuting offenses and
  delinquent conduct described by Article 104.003(a), Code of
  Criminal Procedure.
         Sec. 41.303.  BOARD OF DIRECTORS. (a)  The unit is governed
  by a board of directors composed of each prosecuting attorney who
  represents the state in criminal matters before a court in a county
  in which one or more facilities owned or operated by or under
  contract with the department or the commission are located.
         (b)  A prosecuting attorney described by Subsection (a)
  shall serve on the board of directors in addition to the other
  duties of the prosecuting attorney assigned by law.
         Sec. 41.304.  EXECUTIVE BOARD. (a)  The board of directors
  is governed by an executive board composed of 11 members elected by
  the membership of the board of directors on a majority vote from
  among that membership, as follows:
               (1)  one member of the executive board who represents
  the state in criminal matters before a court in a county in which
  one or more facilities owned or operated by or under contract with
  the commission are located shall be elected on a majority vote of
  the members of the board of directors to serve a term expiring in an
  even-numbered year;
               (2)  an additional four members of the executive board
  shall be elected on a majority vote of the members of the board of
  directors to serve terms expiring in even-numbered years;
               (3)  one member of the executive board who represents
  the state in criminal matters before a court in a county in which
  one or more facilities owned or operated by or under contract with
  the commission are located shall be elected on a majority vote of
  the members of the board of directors to serve a term expiring in an
  odd-numbered year; and
               (4)  an additional five members of the executive board
  shall be elected on a majority vote of the members of the board of
  directors to serve terms expiring in odd-numbered years.
         (b)  If a vacancy on the executive board occurs, the board of
  directors shall elect a person to serve the remainder of the
  vacating member's term in the manner provided by Subsection (a). To
  be eligible for election under this subsection, a person must meet
  any qualifications required of the vacating member for service on
  the executive board.
         Sec. 41.305.  OFFICERS. (a)  The members of the board of
  directors, on a majority vote, shall elect from among the
  membership of the executive board a presiding officer and an
  assistant presiding officer. The presiding officer serves as the
  presiding officer of the board of directors and the executive
  board, and the assistant presiding officer serves as the assistant
  presiding officer of the board of directors and the executive
  board.
         (b)  The presiding officer and the assistant presiding
  officer serve terms of one year.
         (c)  The assistant presiding officer serves as presiding
  officer of the board of directors and the executive board in the
  presiding officer's absence or if a vacancy occurs in that office
  until a new presiding officer is elected as provided by Subsection
  (d).
         (d)  If a vacancy occurs in the office of presiding officer
  or assistant presiding officer, the board of directors shall elect
  a person to serve the remainder of the vacating officer's term in
  the manner provided by Subsection (a).
         Sec. 41.306.  MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE
  BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of
  directors or the executive board may not be construed to be a civil
  office of emolument for any purpose, including those purposes
  described in Section 40, Article XVI, Texas Constitution.
         Sec. 41.307.  REIMBURSEMENT FOR EXPENSES. A member of the
  board of directors or executive board is not entitled to
  compensation for service on the board of directors or executive
  board, if applicable, but is entitled to be reimbursed for
  necessary expenses incurred in carrying out the duties and
  responsibilities of a member of the board of directors and the
  executive board, if applicable, as provided by the General
  Appropriations Act.
         Sec. 41.308.  CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL
  EMPLOYEES. The board of directors, on a majority vote, shall employ
  a person to serve as chief of the unit and additional persons to
  accomplish the unit's purposes. The board of directors may
  determine the compensation of the unit's employees.
         Sec. 41.309.  ELECTION OF COUNSELLOR.  (a)  The executive
  board, on a majority vote, shall elect a counsellor.
         (b)  To be eligible to serve as a counsellor, a person must:
               (1)  be certified in criminal law by the Texas Board of
  Legal Specialization;
               (2)  have at least five years of experience as a lawyer
  assisting prosecuting attorneys in prosecuting offenses or
  delinquent conduct committed on state property used for the custody
  of persons charged with or convicted of offenses or used for the
  custody of children charged with or adjudicated as having engaged
  in delinquent conduct or conduct indicating a need for supervision;
  or
               (3)  have served for at least five years as a
  prosecuting attorney or as a judge of a district court, a court of
  appeals, or the court of criminal appeals.
         Sec. 41.310.  DUTIES OF COUNSELLOR. (a)  The counsellor
  elected in accordance with Section 41.309:
               (1)  shall coordinate prosecution issues in and monitor
  each case involving an offense or delinquent conduct described by
  Article 104.003(a), Code of Criminal Procedure, that concerns the
  commission;
               (2)  shall work with criminal justice analysts employed
  by the Legislative Budget Board and other persons who monitor cases
  involving offenses or delinquent conduct described by Article
  104.003(a), Code of Criminal Procedure; and
               (3)  may conduct an investigation of any alleged
  illegal or improper conduct by commission officers, employees, or
  contractors that the counsellor reasonably believes:
                     (A)  jeopardizes the health, safety, and welfare
  of children in the custody of the commission; and
                     (B)  could constitute an offense described by
  Article 104.003(a), Code of Criminal Procedure.
         (b)  In addition to the duties prescribed by Subsection (a),
  the counsellor shall on a quarterly basis provide the board of
  directors and the standing committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities with a report concerning offenses or
  delinquent conduct prosecuted by the unit on receiving a request
  for assistance under Section 61.098, Human Resources Code, or a
  request for assistance otherwise from a prosecuting attorney. A
  report under this subsection is public information under Chapter
  552, Government Code, and the board of directors shall request that
  the commission publish the report on the commission's Internet
  website. A report must be both aggregated and disaggregated by
  individual facility and include information relating to:
               (1)  the number of requests for assistance received
  under Section 61.098, Human Resources Code, and requests for
  assistance otherwise received from prosecuting attorneys;
               (2)  the number of cases investigated and the number of
  cases prosecuted;
               (3)  the types and outcomes of cases prosecuted, such
  as whether the case concerned narcotics or an alleged incident of
  sexual abuse; and
               (4)  the relationship of a victim to a perpetrator, if
  applicable.
         (c)  The counsellor, in consultation with the board of
  directors, shall notify the foreman of the appropriate grand jury,
  in the manner provided by Article 20.09, Code of Criminal
  Procedure, if:
               (1)  the counsellor receives credible evidence of
  illegal or improper conduct by commission officers, employees, or
  contractors that the counsellor reasonably believes jeopardizes
  the health, safety, and welfare of children in the custody of the
  commission;
               (2)  the counsellor reasonably believes the conduct:
                     (A)  could constitute an offense described by
  Article 104.003(a), Code of Criminal Procedure; and
                     (B)  involves the alleged physical or sexual abuse
  of a child in the custody of a commission facility or an
  investigation related to the alleged abuse; and
               (3)  the counsellor has reason to believe that
  information concerning the conduct has not previously been
  presented to the appropriate grand jury.
         SECTION 15.  Chapter 325, Government Code, is amended by
  adding Sections 325.0121 and 325.0122 to read as follows:
         Sec. 325.0121.  STUDY ON TRANSITION TOWARD REGIONALIZED
  JUVENILE CORRECTIONS. (a)  As part of its review of juvenile
  corrections for the 81st Legislature, the commission shall study
  the merits of moving 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)  In conducting the study, the commission shall determine
  whether the existing Texas Youth Commission facilities meet their
  intended purposes.
         (c)  The commission shall take into consideration the
  findings and conclusions of the study in its report to the 81st
  Legislature and shall include any recommendations it considers
  appropriate resulting from its consideration of the study.
         (d)  The commission, in conducting the study, may seek the
  assistance of nationally recognized experts in the field of
  juvenile justice.
         (e)  This section expires September 1, 2009.
         Sec. 325.0122.  STUDY ON GOVERNANCE OF TEXAS YOUTH
  COMMISSION. (a)  The commission shall study the merits of an
  executive commissioner governing the Texas Youth Commission as
  compared to a citizen board.
         (b)  The commission shall make recommendations concerning
  the governance of the Texas Youth Commission 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)  This section expires September 1, 2009.
         SECTION 16.  Subsection (a), Section 411.1141, Government
  Code, is amended to read as follows:
         (a)  The Texas Youth Commission is entitled to obtain from
  the department criminal history record information maintained by
  the department that relates to a person described by Section
  61.0357(b), Human Resources Code [who is:
               [(1)     an applicant for a position with the Texas Youth
  Commission;
               [(2)     a volunteer or an intern, or an applicant
  volunteer or intern, with the Texas Youth Commission;
               [(3)     a business entity or person who contracts with
  the Texas Youth Commission to provide direct delivery services to
  youth;
               [(4)     an employee of, or an applicant for employment
  with, a business entity or person who contracts with the Texas Youth
  Commission to provide direct delivery of services to youth; or
               [(5)     a volunteer or an intern, or an applicant
  volunteer or intern, with a business entity or person who contracts
  with the Texas Youth Commission to provide direct delivery of
  services to youth].
         SECTION 17.  Chapter 493, Government Code, is amended by
  adding Section 493.026 to read as follows:
         Sec. 493.026.  INSPECTOR GENERAL REPORT ON CRIMINAL
  OFFENSES. (a)  In this section, "special prosecution unit" means
  the special prosecution unit established under Subchapter E,
  Chapter 41.
         (b)  The inspector general of the department shall on a
  quarterly basis prepare and deliver to the board of directors of the
  special prosecution unit a report concerning any alleged criminal
  offense concerning the department and described by Article
  104.003(a), Code of Criminal Procedure, that occurred during the
  preceding calendar quarter.
         SECTION 18.  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 19.  Subsection (a), Section 508.156, Government
  Code, is amended to read as follows:
         (a)  Before the release of a person who is transferred under
  Section 61.081(f) or 61.084(g) [61.084(f) or (g)], Human Resources
  Code, to the division for release on parole, a parole panel shall
  review the person's records and may interview the person or any
  other person the panel considers necessary to determine the
  conditions of parole.  The panel may impose any reasonable
  condition of parole on the person that the panel may impose on an
  adult inmate under this chapter.
         SECTION 20.  Subchapter A, Chapter 531, Government Code, is
  amended by adding Section 531.016 to read as follows:
         Sec. 531.016.  EQUAL ACCESS TO FACILITIES, SERVICES, AND
  TREATMENT. (a)  The commission, the Texas Youth Commission, and
  the Texas Juvenile Probation Commission shall periodically review,
  document, and compare the accessibility and funding of facilities,
  services, and treatment provided to females under 18 years of age to
  the accessibility and funding of facilities, services, and
  treatment provided to males in the same age group.
         (b)  The commission shall coordinate the review,
  documentation, and comparison required by Subsection (a).
         (c)  The areas of review required by Subsection (a) must
  include:
               (1)  the nature, extent, and effectiveness of services
  offered for females under 18 years of age within the areas of teen
  pregnancy, physical and sexual abuse, and alcohol and drug abuse,
  services for runaway and homeless females, and services for females
  involved in gangs or other delinquent activity; and
               (2)  the equity of services offered to persons under 18
  years of age with respect to gender within the areas of physical and
  sexual abuse, alcohol and drug abuse, and services offered to
  runaway and homeless youth.
         (d)  Each health and human services agency or other state
  agency that provides facilities, services, treatment, or funding
  subject to the review required by Subsection (a) shall identify
  existing differences within the agency in the allocation and
  expenditures of money and services for males under 18 years of age
  in comparison to females in the same age group. Each agency shall
  submit a report to the commission describing any differences
  identified.
         (e)  Each agency described by Subsection (d) shall:
               (1)  develop a plan to address any lack of services for
  females under 18 years of age reported by the agency; and
               (2)  submit a report to the commission on the progress
  made under the plan.
         (f)  The commission shall assemble the agency reports
  submitted under Subsections (d) and (e) and prepare an executive
  summary to be delivered to the members of the legislature not later
  than July 1 of each even-numbered year.
         (g)  This section expires September 1, 2011.
         SECTION 21.  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 22.  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 23.  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 24.  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 25.  Subsection (b), Section 42.041, Human Resources
  Code, is amended to read as follows:
         (b)  This section does not apply to:
               (1)  a state-operated facility;
               (2)  an agency foster home or agency foster group home;
               (3)  a facility that is operated in connection with a
  shopping center, business, religious organization, or
  establishment where children are cared for during short periods
  while parents or persons responsible for the children are attending
  religious services, shopping, or engaging in other activities on or
  near the premises, including but not limited to retreats or classes
  for religious instruction;
               (4)  a school or class for religious instruction that
  does not last longer than two weeks and is conducted by a religious
  organization during the summer months;
               (5)  a youth camp licensed by the Department of State
  Health Services [Texas Department of Health];
               (6)  a facility licensed, operated, certified, or
  registered by another state agency;
               (7)  an educational facility accredited by the Texas
  Education Agency or the Southern Association of Colleges and
  Schools that operates primarily for educational purposes in grades
  kindergarten and above, an after-school program operated directly
  by an accredited educational facility, or an after-school program
  operated by another entity under contract with the educational
  facility, if the Texas Education Agency or Southern Association of
  Colleges and Schools has approved the curriculum content of the
  after-school program operated under the contract;
               (8)  an educational facility that operates solely for
  educational purposes in grades kindergarten through at least grade
  two, that does not provide custodial care for more than one hour
  during the hours before or after the customary school day, and that
  is a member of an organization that promulgates, publishes, and
  requires compliance with health, safety, fire, and sanitation
  standards equal to standards required by state, municipal, and
  county codes;
               (9)  a kindergarten or preschool educational program
  that is operated as part of a public school or a private school
  accredited by the Texas Education Agency, that offers educational
  programs through grade six, and that does not provide custodial
  care during the hours before or after the customary school day;
               (10)  a family home, whether registered or listed;
               (11)  an educational facility that is integral to and
  inseparable from its sponsoring religious organization or an
  educational facility both of which do not provide custodial care
  for more than two hours maximum per day, and that offers educational
  programs for children age five and above in one or more of the
  following: kindergarten through at least grade three, elementary,
  or secondary grades;
               (12)  an emergency shelter facility providing shelter
  to minor mothers who are the sole support of their natural children
  under Section 32.201, Family Code, unless the facility would
  otherwise require a license as a child-care facility under this
  section;
               (13)  a juvenile detention facility certified under
  Section 51.12, Family Code, a juvenile correctional facility
  certified under Section 51.125, Family Code [or Section
  141.042(d)], a juvenile facility providing services solely for the
  Texas Youth Commission, or any other correctional facility for
  children operated or regulated by another state agency or by a
  political subdivision of the state;
               (14)  an elementary-age (ages 5-13) recreation program
  operated by a municipality provided the governing body of the
  municipality annually adopts standards of care by ordinance after a
  public hearing for such programs, that such standards are provided
  to the parents of each program participant, and that the ordinances
  shall include, at a minimum, staffing ratios, minimum staff
  qualifications, minimum facility, health, and safety standards,
  and mechanisms for monitoring and enforcing the adopted local
  standards; and further provided that parents be informed that the
  program is not licensed by the state and the program may not be
  advertised as a child-care facility; or
               (15)  an annual youth camp held in a municipality with a
  population of more than 1.5 million that operates for not more than
  three months and that has been operated for at least 10 years by a
  nonprofit organization that provides care for the homeless.
         SECTION 26.  Subsection (h), Section 42.052, Human Resources
  Code, is amended to read as follows:
         (h)  The certification requirements of this section do not
  apply to a juvenile detention facility certified under Section
  51.12, Family Code, or a juvenile correctional facility certified
  under Section 51.125, Family Code [or Section 141.042(d)].
         SECTION 27.  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.
         SECTION 28.  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.
         (e)  This section expires September 1, 2009.
         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.
         (f)  This section expires September 1, 2009.
         SECTION 29.  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.
         (d)  This section expires September 1, 2009.
         SECTION 30.  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.  Three
  members shall be appointed by the governor, three members shall be
  appointed by the lieutenant governor, and three members shall be
  appointed by the speaker of the house of representatives.  The
  governor, lieutenant governor, and speaker of the house of
  representatives shall coordinate to ensure that the membership of
  the advisory board meets the requirements of Subsection (d).  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.  At least two of the members of the advisory board
  must have primary experience in a field other than the field of
  criminal or juvenile justice.
         (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 person who appointed the member.
         (h)  This section expires September 1, 2009.
         SECTION 31.  Sections 61.019 and 61.0191, Human Resources
  Code, are amended to read as follows:
         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].
         (c)  This section expires September 1, 2009.
         Sec. 61.0191.  AUDIT; AUTHORITY OF STATE AUDITOR.  (a)  The
  [financial transactions of the] commission is [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 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.
         SECTION 32.  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.
         SECTION 33.  Subchapter B, Chapter 61, Human Resources Code,
  is amended by adding Sections 61.023 and 61.024 to read as follows:
         Sec. 61.023.  ACCREDITATION BY AMERICAN CORRECTIONAL
  ASSOCIATION. Not later than September 1, 2007, the commission
  shall adopt a plan for and begin the process of receiving
  accreditation by the American Correctional Association for each
  correctional facility operated by or under contract with the
  commission.
         Sec. 61.024.  GOVERNANCE OF COMMISSION.
  (a)  Notwithstanding any other provision of this chapter,
  effective September 1, 2009, the commission is governed by a board
  that consists of seven members appointed by the governor with the
  advice and consent of the senate. Appointments to the board shall
  be made without regard to the race, color, disability, sex,
  religion, age, or national origin of the appointees.
         (b)  Members of the 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 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.
  At least two of the members of the board must have primary
  experience in a field other than the field of criminal or juvenile
  justice.
         (c)  The 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.
  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 board business.
         (d)  Effective September 1, 2009, the commission shall
  employ an executive director, selected by the board, to serve at the
  will of the board. The executive director shall devote full time to
  the work of the commission. The executive director is entitled to
  actual expenses while on commission business.
         (e)  Effective September 1, 2009:
               (1)  a reference in law to the executive commissioner
  is a reference to the board in matters concerning the governance of
  the commission, policymaking functions of the commission, or
  rulemaking functions of the commission; and
               (2)  a reference in law to the executive commissioner
  is a reference to the executive director in matters concerning the
  administrative functions of the commission.
         SECTION 34.  Section 61.0315, Human Resources Code, is
  amended to read as follows:
         Sec. 61.0315.  [REVIEW OF] TREATMENT PROGRAMS.  (a)  The
  commission shall annually review the effectiveness of the
  commission's programs for the rehabilitation and reestablishment
  in society of children committed to the commission, including
  programs for sex offenders, capital offenders, children who are
  chemically dependent, [and] emotionally disturbed children, and
  females.
         (b)  On or before December 31 of each year, the commission
  shall make a report on the effectiveness of the programs to the
  Legislative Budget Board.
         (c)  The commission shall offer or make available programs
  described by Subsection (a) in an adequate manner so that a child in
  the custody of the commission receives appropriate rehabilitation
  services recommended for the child by the court committing the
  child to the commission.
         (d)  If the commission is unable to offer or make available
  programs described by Subsection (a) in the manner provided by
  Subsection (c), the commission shall, not later than January 10 of
  each odd-numbered year, provide the standing committees of the
  senate and house of representatives with primary jurisdiction over
  matters concerning correctional facilities with a report
  explaining:
               (1)  which programs are not offered or are unavailable;
  and
               (2)  the reason the programs are not offered or are
  unavailable.
         (e)  The commission shall periodically review, document, and
  compare the accessibility and funding of treatment programs
  provided to female children committed to the commission to the
  accessibility and funding of treatment provided to male children
  committed to the commission.
         SECTION 35.  Subchapter C, Chapter 61, Human Resources Code,
  is amended by adding Sections 61.0331, 61.0332, and 61.0345 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.
         Sec. 61.0345.  MISSION STATEMENT. The commission shall
  develop and adopt a statement regarding the role and mission of the
  commission.
         SECTION 36.  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.
         SECTION 37.  Section 61.035, Human Resources Code, is
  amended by amending Subsection (b) and adding Subsection (c) 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].
         (c)  The commission shall establish procedures and practices
  governing:
               (1)  employment-related grievances submitted by
  commission employees; and
               (2)  disciplinary actions within the commission,
  including a procedure allowing a commission employee to elect to
  participate in an independent dismissal mediation if the employee
  is recommended for dismissal.
         SECTION 38.  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 39.  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 40.  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, which must include on-the-job training, before the
  officer independently commences the officer's duties at the
  facility.  The training must provide the officer with information
  and instruction related to the officer's duties, including
  information and instruction concerning:
               (1)  the juvenile justice system of this state,
  including the juvenile correctional facility system;
               (2)  security procedures;
               (3)  the supervision of children committed to the
  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 commission shall rotate the assignment of each
  juvenile correctional officer at an interval determined by the
  commission so that a juvenile correctional officer is not assigned
  to the same station for an extended period of time.
         (g)  The commission shall ensure that at least one juvenile
  correctional officer is assigned to supervise in or near a
  classroom or other location in which children receive education
  services or training at the time the children are receiving the
  education services or training.
         (h)  The commission shall adopt rules necessary to
  administer this section.
         Sec. 61.0357.  REQUIRED BACKGROUND AND CRIMINAL HISTORY
  CHECKS. (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, state criminal history record
  information maintained by the department, and previous and current
  employment references of each person who:
               (1)  is an employee, contractor, volunteer, ombudsman,
  or advocate working for the commission or working in a commission
  facility or a facility under contract with the commission;
               (2)  provides direct delivery of services to children
  in the custody of the commission; or
               (3)  has access to records in commission facilities or
  offices.
         (c)  To enable the executive commissioner to conduct the
  review, the commission 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 each person described by Subsection (b), the
  executive commissioner shall review on an annual basis the person's
  national criminal history record information.
         (e)  The commission shall ensure that the system used to
  check state criminal history record information maintained by the
  department is capable of providing real time arrest information.
         (f)  The commission by rule may require a person described by
  Subsection (b) to pay a fee related to the first national criminal
  history record information review conducted under this section.
  The amount of the fee may not exceed the administrative costs
  incurred by the commission in conducting the initial review,
  including the costs of obtaining the person's fingerprints.
         (g)  The commission 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 41.  Section 61.0423, Human Resources Code, is
  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.
         (b)  The executive commissioner shall ensure that the
  location of public hearings held in accordance with this section is
  rotated between municipalities in which a commission facility is
  located or that are in proximity to a commission facility.
         SECTION 42.  Subchapter C, Chapter 61, Human Resources Code,
  is amended by adding Sections 61.0451, 61.0452, and 61.0461 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)  crimes 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 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.
         Sec. 61.0452.  TOLL-FREE NUMBER. (a)  The commission shall
  establish a permanent, toll-free number for the purpose of
  receiving any information concerning the abuse, neglect, or
  exploitation of children in the custody of the commission.
         (b)  The office of inspector general shall ensure that:
               (1)  the toll-free number is prominently displayed in
  each commission facility; and
               (2)  children in the custody of the commission and
  commission employees have confidential access to telephones for the
  purpose of calling the toll-free number.
         Sec. 61.0461.  EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT
  CERTAIN COMMISSION FACILITIES.  The commission shall ensure that a
  chaplain is employed or formally designated for each commission
  correctional facility that is an institution.
         SECTION 43.  Subchapter D, Chapter 61, Human Resources Code,
  is amended by adding Sections 61.061, 61.062, and 61.0651 to read as
  follows:
         Sec. 61.061.  PLACEMENT IN COMMISSION FACILITIES.  (a)  The
  commission may not assign a child younger than 15 years of age to
  the same correctional facility dormitory as a person who is at least
  17 years of age unless the 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 commission 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.
         (c)  The commission shall consider the proximity of the
  residence of a child's family in determining the appropriate
  commission facility in which to place a child.
         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.
         Sec. 61.0651.  INFORMATION PROVIDED BY COMMITTING COURT. In
  addition to the information provided under Section 61.065, a court
  that commits a child to the commission shall provide the commission
  with a copy of the following documents:
               (1)  the petition and the adjudication and disposition
  orders for the child, including the child's thumbprint;
               (2)  if the commitment is a result of revocation of
  probation, a copy of the conditions of probation and the revocation
  order;
               (3)  the social history report for the child;
               (4)  any psychological or psychiatric reports
  concerning the child;
               (5)  the contact information sheet for the child's
  parents or guardian;
               (6)  any law enforcement incident reports concerning
  the offense for which the child is committed;
               (7)  any sex offender registration information
  concerning the child;
               (8)  any juvenile probation department progress
  reports concerning the child;
               (9)  any assessment documents concerning the child;
               (10)  the computerized referral and case history for
  the child, including case disposition;
               (11)  the child's birth certificate;
               (12)  the child's social security number or social
  security card, if available;
               (13)  the name, address, and telephone number of the
  court administrator in the committing county;
               (14)  Title IV-E eligibility screening information for
  the child, if available;
               (15)  the address in the committing county for
  forwarding funds collected to which the committing county is
  entitled;
               (16)  any of the child's school or immunization records
  that the committing county possesses;
               (17)  any victim information concerning the case for
  which the child is committed; and
               (18)  any of the child's pertinent medical records that
  the committing court possesses.
         SECTION 44.  Section 61.044, Human Resources Code, is
  amended to read as follows:
         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 45.  Subchapter C, Chapter 61, Human Resources Code,
  is amended by adding Section 61.055 to read as follows:
         Sec. 61.055.  ZERO-TOLERANCE POLICY. (a)  The commission
  shall adopt a zero-tolerance policy concerning the detection,
  prevention, and punishment of the sexual abuse, including
  consensual sexual contact, of children in the custody of the
  commission.
         (b)  The commission shall establish standards for reporting
  and collecting data on the sexual abuse of children in the custody
  of the commission.
         (c)  The commission shall establish a procedure for children
  in the custody of the commission and commission employees to report
  incidents of sexual abuse involving a child in the custody of the
  commission. The procedure must designate a person employed at the
  commission facility in which the abuse is alleged to have occurred
  as well as a person who is employed at the commission's headquarters
  to whom a person may report an incident of sexual abuse.
         (d)  The commission shall prominently display the following
  notice in the office of the chief administrator of each commission
  facility, the employees' break room of each commission facility,
  the cafeteria of each commission facility, and at least six
  additional locations in each commission facility:
         THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
  REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
  A CHILD IN THE CUSTODY OF THE COMMISSION. ANY SUCH VIOLATION MUST
  BE REPORTED TO __________.
         SECTION 46.  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, substance
  abuse, and treatment history, including the child's psychiatric
  history and substance abuse history [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 47.  Subchapter E, Chapter 61, Human Resources Code,
  is amended by adding Section 61.0711 to read as follows:
         Sec. 61.0711.  HEALTH CARE DELIVERY SYSTEM.  (a)  In
  providing medical care, behavioral health care, or rehabilitation
  services, the commission shall integrate the provision of those
  services in an integrated comprehensive delivery system.
         (b)  The delivery system may be used to deliver any medical,
  behavioral health, or rehabilitation services provided to a child
  in the custody of the commission, including:
               (1)  health care;
               (2)  dental care;
               (3)  behavioral health care;
               (4)  substance abuse treatment;
               (5)  nutrition;
               (6)  programming;
               (7)  case management; and
               (8)  general rehabilitation services, including
  educational, spiritual, daily living, recreational, and security
  services.
         SECTION 48.  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 49.  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, in
  consultation with advocacy and support groups such as those
  described in Section 61.0386(a), shall develop a parent's bill of
  rights for distribution to the parent or guardian of a child who is
  under 18 years of age and committed to the commission. The parent's
  bill of rights must include:
               (1)  a description of the commission's grievance
  policies and procedures, including contact information for the
  office of inspector general and the office of the independent
  ombudsman established under Chapter 64;
               (2)  a list of possible incidents that require parental
  notification;
               (3)  policies concerning visits and telephone
  conversations with a child committed to the commission;
               (4)  a description of commission caseworker
  responsibilities;
               (5)  a statement that the commission caseworker
  assigned to a child may assist the child's parent or guardian in
  obtaining information and services from the commission and other
  resources concerning:
                     (A)  counseling, including substance abuse and
  mental health counseling;
                     (B)  assistance programs, including financial and
  travel assistance programs for visiting a child committed to the
  commission;
                     (C)  workforce preparedness programs;
                     (D)  parenting programs; and
                     (E)  commission seminars; and
               (6)  information concerning the indeterminate
  sentencing structure at the commission, an explanation of reasons
  that a child's commitment at the commission could be extended, and
  an explanation of the review process under Sections 61.0815 and
  61.0816 for a child committed to the commission without a
  determinate sentence.
         (b)  Not later than 48 hours after the time a child is
  admitted to a commission facility, the commission shall mail to the
  child's parent or guardian at the last known address of the parent
  or guardian:
               (1)  the parent's bill of rights; and
               (2)  the contact information of the commission
  caseworker assigned to the child.
         (c)  The commission shall on a quarterly basis provide to the
  parent, guardian, or designated advocate of a child who is in the
  custody of the commission a report concerning the progress of the
  child at the commission, including:
               (1)  the academic and behavioral progress of the child;
  and
               (2)  the results of any reexamination of the child
  conducted under Section 61.072.
         (d)  The commission shall ensure that written information
  provided to a parent or guardian regarding the rights of a child in
  the custody of the commission or the rights of a child's parent or
  guardian, including the parent's bill of rights, is clear and easy
  to understand.
         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 language of choice of
  the parent or guardian.
         SECTION 50.  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 51.  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 52.  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. (a)  The
  commission shall develop a reentry and reintegration plan for each
  child committed to the custody of the commission.  The plan for a
  child must be designed to ensure that the child receives an
  extensive continuity of care in services from the time the child is
  committed to the commission to the time of the child's final
  discharge from the commission. The plan for a child must include,
  as applicable:
               (1)  housing assistance;
               (2)  a step-down program, such as placement in a
  halfway house;
               (3)  family counseling;
               (4)  academic and vocational mentoring;
               (5)  trauma counseling for a child who is a victim of
  abuse while in the custody of the commission; and
               (6)  other specialized treatment services appropriate
  for the child.
         (b)  If a program or service in the child's reentry and
  reintegration plan is not available at the time the child is to be
  released, the commission shall find a suitable alternative program
  or service so that the child's release is not postponed.
         Sec. 61.0815.  COMPLETION OF MINIMUM LENGTH OF STAY.
  (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 commission by rule shall establish a panel whose
  function is to review and determine whether a child who has
  completed the child's minimum length of stay should be discharged
  from the custody of the 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. 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.  A person appointed to the panel must be a commission
  employee who works at the commission's central office.  A member of
  the panel may not be involved in any supervisory decisions
  concerning children in the custody of the commission.
         (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, 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.
         Sec. 61.0816.  REQUEST FOR RECONSIDERATION OF EXTENSION
  ORDER.  (a)  The commission 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, 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 53.  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 54.  Section 61.0841, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (c) 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.
         (c)  The Texas Department of Criminal Justice shall grant
  credit for sentence time served by a person at the commission and in
  a juvenile detention facility, as recorded by the commission under
  Subsection (a)(6), in computing the person's eligibility for parole
  and discharge from the department.
         SECTION 55.  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 56.  Subchapter G, Chapter 61, Human Resources Code,
  is amended by adding Sections 61.098 and 61.099 to read as follows:
         Sec. 61.098.  CERTAIN CRIMES CONCERNING THE COMMISSION.  
  (a)  In this section, "special prosecution unit" means the special
  prosecution unit established under Subchapter E, Chapter 41,
  Government Code.
         (b)  As appropriate, the district attorney, criminal
  district attorney, or county attorney representing the state in
  criminal matters before the district or inferior courts of the
  county who would otherwise represent the state in the prosecution
  of an offense or delinquent conduct concerning the 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.
         (c)  The office of inspector general shall on a quarterly
  basis prepare and deliver to the board of directors of the special
  prosecution unit a report concerning:
               (1)  any alleged criminal offense or delinquent conduct
  concerning the commission and described by Article 104.003(a), Code
  of Criminal Procedure, that occurred during the preceding calendar
  quarter; and
               (2)  the disposition of any case involving a criminal
  offense or delinquent conduct concerning the commission and
  described by Article 104.003(a), Code of Criminal Procedure, that
  occurred during the preceding calendar quarter.
         (d)  Notwithstanding Subsection (c), the office of inspector
  general shall immediately provide the special prosecution unit with
  a report concerning an alleged criminal offense or delinquent
  conduct concerning the commission and described by Article
  104.003(a), Code of Criminal Procedure, if the chief inspector
  general reasonably believes the offense or conduct is particularly
  serious and egregious.
         (e)  The chief inspector general of the office of inspector
  general, at the direction of the board of directors of the special
  prosecution unit, shall notify the foreman of the appropriate grand
  jury, in the manner provided by Article 20.09, Code of Criminal
  Procedure, if:
               (1)  the chief inspector general receives credible
  evidence of illegal or improper conduct by commission officers,
  employees, or contractors that the inspector general reasonably
  believes jeopardizes the health, safety, and welfare of children in
  the custody of the commission;
               (2)  the chief inspector general reasonably believes
  the conduct:
                     (A)  could constitute an offense under Article
  104.003(a), Code of Criminal Procedure; and
                     (B)  involves the alleged physical or sexual abuse
  of a child in the custody of a commission facility or an
  investigation related to the alleged abuse; and
               (3)  the chief inspector general has reason to believe
  that information concerning the conduct has not previously been
  presented to the appropriate grand jury.
         Sec. 61.099.  DUTY TO FILE COMPLAINT WITH LAW ENFORCEMENT
  AGENCY. If the executive commissioner has reasonable cause to
  believe that a child in the custody of the commission is the victim
  of a crime committed at a commission facility, the executive
  commissioner shall immediately file a complaint with the
  appropriate law enforcement agency.
         SECTION 57.  Subtitle A, Title 3, Human Resources Code, is
  amended by adding Chapter 64 to read as follows:
  CHAPTER 64.  OFFICE OF INDEPENDENT OMBUDSMAN OF THE TEXAS YOUTH
  COMMISSION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 64.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Youth Commission.
               (2)  "Independent ombudsman" means the individual who
  has been appointed under this chapter to the office of independent
  ombudsman.
               (3)  "Office" means the office of independent ombudsman
  created under this chapter.
         Sec. 64.002.  ESTABLISHMENT; PURPOSE. The office of
  independent ombudsman is a state agency established for the purpose
  of investigating, evaluating, and securing the rights of the
  children committed to the commission, including a child released
  under supervision before final discharge.
         Sec. 64.003.  INDEPENDENCE. (a)  The independent ombudsman
  in the performance of its duties and powers under this chapter acts
  independently of the commission.
         (b)  Funding for the independent ombudsman is appropriated
  separately from funding for the commission.
  [Sections 64.004-64.050 reserved for expansion]
  SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
         Sec. 64.051.  APPOINTMENT OF INDEPENDENT OMBUDSMAN.
  (a)  The governor shall appoint the independent ombudsman with the
  advice and consent of the senate for a term of two years, expiring
  February 1 of odd-numbered years.
         (b)  A person appointed as independent ombudsman is eligible
  for reappointment but may not serve more than three terms in that
  capacity.
         (c)  Notwithstanding Subsection (a), as soon as practicable
  after the effective date of this section, the executive
  commissioner of the commission shall appoint the independent
  ombudsman for a term of office expiring February 1, 2009.  As
  provided by Subsection (a), the governor shall appoint the
  independent ombudsman with the advice and consent of the senate for
  each of the independent ombudsman's subsequent terms of office.  
  This subsection expires March 1, 2009.
         Sec. 64.052.  ASSISTANTS. The independent ombudsman may
  hire assistants to perform, under the direction of the independent
  ombudsman, the same duties and exercise the same powers as the
  independent ombudsman.
         Sec. 64.053.  CONFLICT OF INTEREST. (a)  A person may not
  serve as independent ombudsman or as an assistant to the
  independent ombudsman if the person or the person's spouse:
               (1)  is employed by or participates in the management
  of a business entity or other organization receiving funds from the
  commission;
               (2)  owns or controls, directly or indirectly, any
  interest in a business entity or other organization receiving funds
  from the commission; or
               (3)  uses or receives any amount of tangible goods,
  services, or funds from the commission.
         (b)  A person may not serve as independent ombudsman or as an
  assistant to the independent ombudsman if the person or the
  person's spouse is required to register as a lobbyist under Chapter
  305, Government Code, because of the person's activities for
  compensation on behalf of a profession related to the operation of
  the commission.
         (c)  A person may not serve as independent ombudsman or as an
  assistant to the independent ombudsman if the person or the
  person's spouse is an officer, employee, manager, or paid
  consultant of a Texas trade association in the field of criminal or
  juvenile justice.
         (d)  For the purposes of this section, a Texas trade
  association is a nonprofit, cooperative, and voluntarily joined
  association of business or professional competitors in this state
  designed to assist its members and its industry or profession in
  dealing with mutual business or professional problems and in
  promoting their common interest.
         Sec. 64.054.  SUNSET PROVISION. The office is subject to
  review under Chapter 325, Government Code (Texas Sunset Act), but
  is not abolished under that chapter. The office shall be reviewed
  during the periods in which state agencies abolished in 2009 and
  every 12th year after 2009 are reviewed.
         Sec. 64.055.  REPORT. (a)  The independent ombudsman shall
  submit on a quarterly basis to the governor, the lieutenant
  governor, the state auditor, and each member of the legislature a
  report that is both aggregated and disaggregated by individual
  facility and describes:
               (1)  the work of the independent ombudsman;
               (2)  the results of any review or investigation
  undertaken by the independent ombudsman, including reviews or
  investigation of services contracted by the commission; and
               (3)  any recommendations that the independent
  ombudsman has in relation to the duties of the independent
  ombudsman.
         (b)  The independent ombudsman shall immediately report to
  the governor, the lieutenant governor, the speaker of the house of
  representatives, the state auditor, and the office of the inspector
  general of the commission any particularly serious or flagrant:
               (1)  case of abuse or injury of a child committed to the
  commission;
               (2)  problem concerning the administration of a
  commission program or operation;
               (3)  problem concerning the delivery of services in a
  facility operated by or under contract with the commission; or
               (4)  interference by the commission with an
  investigation conducted by the office.
         Sec. 64.056.  COMMUNICATION AND CONFIDENTIALITY. (a)  The
  commission shall allow any child committed to the commission to
  communicate with the independent ombudsman or an assistant to the
  ombudsman. The communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         (b)  The records of the independent ombudsman are
  confidential, except that the independent ombudsman shall:
               (1)  share with the office of inspector general of the
  commission a communication with a child that may involve the abuse
  or neglect of the child; and
               (2)  disclose its nonprivileged records if required by
  a court order on a showing of good cause.
         (c)  The independent ombudsman may make reports relating to
  an investigation public after the investigation is complete but
  only if the names of all children, parents, and employees are
  redacted from the report and remain confidential.
         (d)  The name, address, or other personally identifiable
  information of a person who files a complaint with the office of
  independent ombudsman, information generated by the office of
  independent ombudsman in the course of an investigation, and
  confidential records obtained by the office of independent
  ombudsman are confidential and not subject to disclosure under
  Chapter 552, Government Code, except that the information and
  records, other than confidential information and records
  concerning a pending law enforcement investigation or criminal
  action, may be disclosed to the appropriate person if the office
  determines that disclosure is:
               (1)  in the general public interest;
               (2)  necessary to enable the office to perform the
  responsibilities provided under this section; or
               (3)  necessary to identify, prevent, or treat the abuse
  or neglect of a child.
         Sec. 64.057.  PROMOTION OF AWARENESS OF OFFICE. The
  independent ombudsman shall promote awareness among the public and
  the children committed to the commission of:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
         Sec. 64.058.  RULEMAKING AUTHORITY. The office by rule
  shall establish policies and procedures for the operations of the
  office of independent ombudsman.
         Sec. 64.059.  AUTHORITY OF STATE AUDITOR.  The office is
  subject to audit by the state auditor in accordance with Chapter
  321, Government Code.
  [Sections 64.060-64.100 reserved for expansion]
  SUBCHAPTER C. DUTIES AND POWERS
         Sec. 64.101.  DUTIES AND POWERS. (a)  The independent
  ombudsman shall:
               (1)  review the procedures established by the
  commission and evaluate the delivery of services to children to
  ensure that the rights of children are fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of the commission and investigate
  each complaint in which it appears that a child may be in need of
  assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a child committed to the 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)  review or inspect periodically the facilities and
  procedures of any institution or residence in which a child has been
  placed by the commission, whether public or private, to ensure that
  the rights of children are fully observed;
               (5)  provide assistance to a child or family who the
  independent ombudsman determines is in need of assistance,
  including advocating with an agency, provider, or other person in
  the best interests of the child;
               (6)  review court orders as necessary to fulfill its
  duties;
               (7)  recommend changes in any procedure relating to the
  treatment of children committed to the commission;
               (8)  make appropriate referrals under any of the duties
  and powers listed in this subsection; and
               (9)  supervise assistants who are serving as advocates
  in their representation of children committed to the commission in
  internal administrative and disciplinary hearings.
         (b)  The independent ombudsman may apprise persons who are
  interested in a child's welfare of the rights of the child.
         (c)  To assess if a child's rights have been violated, the
  independent ombudsman may, in any matter that does not involve
  alleged criminal behavior, contact or consult with an
  administrator, employee, child, parent, expert, or any other
  individual in the course of its investigation or to secure
  information.
         (d)  Notwithstanding any other provision of this chapter,
  the independent ombudsman may not investigate alleged criminal
  behavior.
         Sec. 64.102.  TREATMENT OF COMMISSION EMPLOYEES WHO
  COOPERATE WITH INDEPENDENT OMBUDSMAN.  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
  independent ombudsman or cooperates with the office in an
  investigation.
         Sec. 64.103.  TRAINING. The independent ombudsman shall
  attend annual sessions, including the training curriculum for
  juvenile correctional officers required under Section 61.0356, and
  may participate in other appropriate professional training.
  [Sections 64.104-64.150 reserved for expansion]
  SUBCHAPTER D. ACCESS TO INFORMATION
         Sec. 64.151.  ACCESS TO INFORMATION OF GOVERNMENTAL
  ENTITIES. (a)  The commission shall allow the independent
  ombudsman access to its records relating to the children committed
  to the commission.
         (b)  The Department of Public Safety shall allow the
  independent ombudsman access to the juvenile justice information
  system established under Subchapter B, Chapter 58, Family Code.
         (c)  A local law enforcement agency shall allow the
  independent ombudsman access to its records relating to any child
  in the care or custody of the commission.
         Sec. 64.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.
  The independent ombudsman shall have access to the records of a
  private entity that relate to a child committed to the commission.
         SECTION 58.  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 59.  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 60.  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 61.  Subsection (c), Section 110.302, Occupations
  Code, is amended to read as follows:
         (c)  The Texas Board of Criminal Justice [or the governing
  board of the Texas Youth Commission] may 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 determines that the
  requirement causes financial or operational hardship on the agency.
  The Texas Youth Commission may not exempt any employee of the
  commission from a licensing requirement imposed by this section for
  any reason.
         SECTION 62.  Subsections (a) and (b), Section 39.04, Penal
  Code, are amended to read as follows:
         (a)  An official of a correctional facility, an employee of a
  correctional facility, a person other than an employee who works
  for compensation at a correctional facility, a volunteer at a
  correctional facility, or a peace officer commits an offense if the
  person intentionally:
               (1)  denies or impedes a person in custody in the
  exercise or enjoyment of any right, privilege, or immunity knowing
  his conduct is unlawful; or
               (2)  engages in sexual contact, sexual intercourse, or
  deviate sexual intercourse with an individual in custody or, in the
  case of an individual in the custody of the Texas Youth Commission,
  employs, authorizes, or induces the individual to engage in sexual
  conduct or a sexual performance.
         (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.
         SECTION 63.  Subsection (e), Section 39.04, Penal Code, is
  amended by adding Subdivisions (4) and (5) to read as follows:
               (4)  "Sexual conduct" and "performance" have the
  meanings assigned by Section 43.25.
               (5)  "Sexual performance" means any performance or part
  thereof that includes sexual conduct by an individual.
         SECTION 64.  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, 61.0151, and 61.017, and Subsection (f),
  Section 61.084, and Subsection (d), Section 141.042, Human
  Resources Code.
         SECTION 65.  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 66.  (a)  Not later than November 1, 2007, the Texas
  Juvenile Probation Commission shall issue guidelines for the
  creation of community-based programs required by Section 54.0401,
  Family Code, as added by this Act.
         (b)  Not later than January 1, 2008, the juvenile board of a
  county to which Section 54.0401, Family Code, as added by this Act,
  applies shall implement a community-based program that complies
  with the guidelines established by the Texas Juvenile Probation
  Commission.
         SECTION 67.  The change in law made by Section 54.052, Family
  Code, as added by this Act, and Subsection (c), Section 61.0841,
  Human Resources Code, as added by this Act, applies only to conduct
  for which a child is adjudicated on or after the effective date of
  this Act. A child who is adjudicated before the effective date of
  this Act is governed by the law in effect when the child was
  adjudicated, and the former law is continued in effect for that
  purpose.
         SECTION 68.  The change in law made by this Act to Section
  39.04, 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 69.  The Texas Youth Commission shall develop and
  adopt a mission statement, as required by Section 61.0345, Human
  Resources Code, as added by this Act, on or before October 1, 2007.
         SECTION 70.  (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)  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 71.  As soon as practicable after the effective date
  of this Act, the governor shall appoint 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.
         SECTION 72.  As soon as practicable after the effective date
  of this Act:
               (1)  the governor shall appoint three members of the
  advisory board of the Texas Youth Commission, as required by
  Section 61.013, Human Resources Code, as amended by this Act;
               (2)  the speaker of the house of representatives shall
  appoint three 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 lieutenant governor shall appoint three
  members of the advisory board of the Texas Youth Commission, as
  required by Section 61.013, Human Resources Code, as amended by
  this Act.
         SECTION 73.  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.
         SECTION 74.  The Health and Human Services Commission, the
  Texas Youth Commission, and the Texas Juvenile Probation Commission
  shall jointly establish a timetable for the submission of agency
  reports required by Section 531.016, Government Code, as added by
  this Act, as soon as practicable after the effective date of this
  Act.
         SECTION 75.  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 76.  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 77.  (a)  Not later than September 30, 2007, the
  board of directors of the special prosecution unit established by
  Subchapter E, Chapter 41, Government Code, as added by this Act,
  shall elect the initial members of the executive board of the board
  of directors as required by Section 41.304, Government Code, as
  added by this Act. In electing those members, the board of
  directors shall specify:
               (1)  which members serve terms expiring in
  even-numbered years and which serve terms expiring in odd-numbered
  years; and
               (2)  the beginning and end dates of the terms served by
  the members of the executive board.
         (b)  Not later than September 30, 2007, the board of
  directors of the special prosecution unit established by Subchapter
  E, Chapter 41, Government Code, as added by this Act, shall elect
  the presiding officer and the assistant presiding officer of the
  board of directors and the executive board of the board of directors
  as required by Section 41.305, Government Code, as added by this
  Act. In electing those officers, the board of directors shall
  specify the beginning and end dates of the terms served by the
  officers.
         (c)  As soon as possible after the effective date of this
  Act, the executive board of the board of directors of the special
  prosecution unit established by Subchapter E, Chapter 41,
  Government Code, as added by this Act, shall elect the counsellor as
  required by Section 41.309, Government Code, as added by this Act.
         SECTION 78.  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.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 103 passed the Senate on
  April 19, 2007, by the following vote:  Yeas 30, Nays 0;
  May 10, 2007, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 14, 2007, House
  granted request of the Senate; May 24, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 103 passed the House, with
  amendments, on May 8, 2007, by the following vote:  Yeas 141,
  Nays 0, three present not voting; May 14, 2007, House granted
  request of the Senate for appointment of Conference Committee;
  May 25, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 137, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor