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  80R17136 SLO-D
 
  By: Hinojosa, et al. S.B. No. 103
 
  Substitute the following for S.B. No. 103:
 
  By:  HochbergC.S.S.B. No. 103C.S.S.B. No. 103  Hochberg C.S.S.B. No. 103
 
A BILL TO BE ENTITLED
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.  Article 104.003(a), 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 3.  Sections 54.04(d) and (u), 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 4.  Section 54.05(f), 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 5.  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 6.  Section 58.106(a), 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 7.  Section 41.102, Government Code, is amended by
adding Subsection (c) to read as follows:
       (c)  The attorney general may offer to assist a prosecuting
attorney in the prosecution of criminal offenses concerning the
Texas Youth Commission.
       SECTION 8.  Chapter 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 9.  Chapter 325, Government Code, is amended by
adding Section 325.0121 to read as follows:
       Sec. 325.0121.  STUDY ON TRANSITION TOWARD REGIONALIZED
JUVENILE CORRECTIONS. (a)  The commission shall appoint an
advisory committee as provided by this section to develop a
practicable plan to move the Texas Youth Commission toward a
regionalized structure of smaller facilities and more diversified
treatment and placement options, taking into consideration the
likely effects of this regionalized structure on:
             (1)  recidivism;
             (2)  juvenile and family access to services; and
             (3)  costs to this state and the counties of this state.
       (b)  The commission shall take into consideration the
findings and recommendations of the advisory committee in its
report to the legislature under Section 325.012 as part of its
review of the Texas Youth Commission, which, as provided by Section
61.020, Human Resources Code, is abolished September 1, 2009,
unless continued in existence as provided by this chapter.
       (c)  The commission shall appoint an advisory committee not
later than December 1, 2007.
       (d)  The advisory committee consists of nine members
appointed by the commission in consultation with the Texas Youth
Commission, Texas Juvenile Probation Commission, governor,
lieutenant governor, and speaker of the house of representatives.  
At least three of the members must be nationally recognized experts
in the field of juvenile justice.  At least one of the members must
be a recognized advocate for children.
       (e)  The chairman of the commission shall designate a
presiding officer from among the members appointed to the advisory
committee.
       (f)  The advisory committee shall convene at the call of the
presiding officer.
       (g)  A member of the advisory committee may not receive
compensation from the state for committee service but may receive
reimbursement for travel to official meetings according to policies
established by the commission.
       (h)  Not later than December 1, 2008, the advisory committee
shall report the committee's findings and recommendations to the
commission.
       (i)  This section expires September 1, 2009.
       SECTION 10.  Section 411.1141(a), 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 11.  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 12.  Section 508.156(a), 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 13.  Section 811.001(9), 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 14.  Section 814.104(b), 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 15.  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 16.  Section 61.001, Human Resources Code, is
amended by adding Subdivision (7) to read as follows:
             (7)  "Office of inspector general" means the office of
inspector general established under Section 61.0451.
       SECTION 17.  Section 61.012(b), Human Resources Code, is
amended to read as follows:
       (b)  Members of the board must be citizens who are recognized
within their communities for their interest in youth.  The board
shall be comprised of at least one physician, an experienced member
of a victim's 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.
       SECTION 18.  Sections 61.019 and 61.0191, Human Resources
Code, are amended to read as follows:
       Sec. 61.019.  DELEGATION OF POWERS AND DUTIES.  Any power,
duty, or function of the commission or of the board that is not
assigned by statute to the office of inspector general may be
exercised and performed by the executive director or any member or
employee designated or assigned by the board or by the executive
director.
       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 19.  Subchapter B, Chapter 61, Human Resources Code,
is amended by adding Section 61.023 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.
       SECTION 20.  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.
       (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.
       SECTION 21.  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 22.  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 23.  Subchapter C, Chapter 61, Human Resources Code,
is amended by adding Sections 61.0356, 61.0357, 61.0386, 61.0451,
61.0452, 61.0461, 61.061, 61.062, and 61.0651 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 director or the executive director's
designee 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 director or the executive
director's designee 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 director or the executive director's designee 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 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 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.
       Sec. 61.0451.  OFFICE OF INSPECTOR GENERAL. (a) The office
of inspector general is established at the commission for the
purpose of investigating:
             (1)  fraud committed by commission employees,
including parole officers employed by or under a contract with the
commission; and
             (2)  crimes committed at a facility operated by the
commission or at a residential facility operated by another entity
under a contract with the commission.
       (b)  The office of inspector general shall prepare and
deliver a report concerning the results of any investigation
conducted under this section to:
             (1)  the executive director;
             (2)  the board;
             (3)  the governor;
             (4)  the lieutenant governor;
             (5)  the speaker of the house of representatives;
             (6)  the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities;
             (7)  the special prosecution unit;
             (8)  the state auditor; and
             (9)  any other appropriate state agency responsible for
licensing or certifying commission employees or facilities.
       (c)  The report prepared under Subsection (b) must include a
summary of the actions performed by the office of inspector general
in conducting the investigation, a statement of whether the
investigation resulted in a finding that fraud or a criminal
offense occurred, and a description of the finding. The report is
public information under Chapter 552, Government Code, only to the
extent authorized under that chapter and other law.
       (d)  The office of inspector general may employ and
commission inspectors general as peace officers for the purpose of
carrying out the duties described by this section. An inspector
general shall have all of the powers and duties given to peace
officers under Article 2.13, Code of Criminal Procedure.
       (e)  Peace officers employed and commissioned under
Subsection (d) must:
             (1)  be certified by the Commission on Law Enforcement
Officer Standards and Education under Chapter 1701, Occupations
Code; and
             (2)  complete advanced courses relating to the duties
of peace officers employed and commissioned under Subsection (d) as
part of any continuing education requirements for the peace
officers.
       (f)  The board shall select a commissioned peace officer as
chief inspector general.  The chief inspector general is subject to
the requirements of this section and may only be discharged for
cause.
       (g)  The chief inspector general shall on a quarterly basis
prepare and deliver a report concerning the operations of the
office of inspector general to:
             (1)  the executive director;
             (2)  the board;
             (3)  the governor;
             (4)  the lieutenant governor;
             (5)  the speaker of the house of representatives;
             (6)  the standing committees of the senate and house of
representatives with primary jurisdiction over correctional
facilities;
             (7)  the state auditor; and
             (8)  the comptroller.
       (h)  A report prepared under Subsection (g) is public
information under Chapter 552, Government Code, to the extent
authorized under that chapter and other law, and the commission
shall publish the report on the commission's Internet website. A
report must be both aggregated and disaggregated by individual
facility and include information relating to:
             (1)  the types of investigations conducted by the
office of inspector general, such as whether an investigation
concerned narcotics or an alleged incident of sexual abuse;
             (2)  the relationship of a victim to a perpetrator, if
applicable; and
             (3)  the number of investigations conducted concerning
suicides, deaths, and hospitalizations of children in the custody
of the commission.
       (i)  The office of inspector general shall immediately
report to the executive director, the board, the governor's general
counsel, and the state auditor any particularly serious or flagrant
problem concerning the administration of a commission program or
operation or any interference by the board 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 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.
       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 24.  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 25.  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 26.  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 27.  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; and
             (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.
       (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 28.  Section 61.079(a), 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 29.  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 30.  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 board 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 board shall
adopt policies that ensure the transparency, consistency, and
objectivity of the panel's composition, procedures, and decisions.
The board 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, 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, 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 31.  Sections 61.084(e) and (g), 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 32.  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 33.  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 director 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 director
shall immediately file a complaint with the appropriate law
enforcement agency.
       SECTION 34.  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 BY GOVERNOR. (a) The governor
shall appoint the independent ombudsman with the advice and consent
of the senate for a term of two years, expiring February 1 of
odd-numbered years.
       (b)  A person appointed as independent ombudsman is eligible
for reappointment but may not serve more than three terms in that
capacity.
       Sec. 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, 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 35.  Section 110.302(c), 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 36.  Sections 39.04(a) and (b), 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 37.  Section 39.04(e), 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 38.  The following laws are repealed:
             (1)  Sections 54.04(s) and (t), Family Code;
             (2)  Section 54.05(k), Family Code; and
             (3)  Section 61.084(f), Human Resources Code.
       SECTION 39.  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 Section 54.04(d)(2),
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 40.  The change in law made by Section 54.052, Family
Code, as added by this Act, and Section 61.0841(c), 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 41.  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 42.  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 43.  (a)  Section 61.0356(b), 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 Section
61.0356(b), 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 Section 61.0356(d), Human
Resources Code, as added by this Act; and
             (2)  male children younger than 15 years of age are
assigned to separate correctional facility dorms from persons who
are at least 17 years of age as required by Section 61.061, Human
Resources Code, as added by this Act.
       SECTION 44.  As soon as practicable after the effective date
of this Act, the governor shall appoint the independent ombudsman
of the Texas Youth Commission, as required by Section 64.051, Human
Resources Code, as added by this Act, with a term of office expiring
February 1, 2009.
       SECTION 45.  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 46.  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 Section 61.0357(b),
Human Resources Code, as added by this Act.
       SECTION 47.  (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 48.  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.