This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 909
 
 
 
 
AN ACT
  relating to the continuation and functions of the Texas Board of
  Criminal Justice, the Texas Department of Criminal Justice, and the
  Correctional Managed Health Care Committee, and to the functions of
  the Board of Pardons and Paroles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Article 15.19, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  If the arrested person [accused] fails or refuses to
  give bail, as provided in [the preceding] Article 15.18, the
  arrested person [he] shall be committed to the jail of the county
  where the person [he] was arrested; and the magistrate committing
  the arrested person [him] shall immediately provide notice to
  [notify] the sheriff of the county in which the offense is alleged
  to have been committed regarding:
               (1)  [of] the arrest and commitment, which notice may
  be given by telegraph, [by] mail, or [by] other written means; and
               (2)  whether the person was also arrested under a
  warrant issued under Section 508.251, Government Code [notice].
         SECTION 2.  Article 15.20, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 15.20.  DUTY OF SHERIFF RECEIVING NOTICE.  (a)  Subject
  to Subsection (b), the [The] sheriff receiving the notice of arrest
  and commitment under Article 15.19 shall forthwith go or send for
  the arrested person [prisoner] and have the arrested person [him]
  brought before the proper court or magistrate.
         (b)  A sheriff who receives notice under Article 15.19(a)(2)
  of a warrant issued under Section 508.251, Government Code, shall
  have the arrested person brought before the proper magistrate or
  court before the 11th day after the date the person is committed to
  the jail of the county in which the person was arrested.
         SECTION 3.  Article 15.21, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 15.21.  PRISONER DISCHARGED IF NOT TIMELY DEMANDED.  If
  the proper office of the county where the offense is alleged to have
  been committed does not demand the arrested person [prisoner] and
  take charge of the arrested person before the 11th day after the
  date the person [him within ten days from the day he] is committed
  to the jail of the county in which the person is arrested, the
  arrested person [such prisoner] shall be discharged from custody.
         SECTION 4.  Subsection (a), Section 8, Article 42.09, Code
  of Criminal Procedure, is amended to read as follows:
         (a)  A county that transfers a defendant to the Texas
  Department of Criminal Justice under this article shall deliver to
  an officer designated by the department:
               (1)  a copy of the judgment entered pursuant to Article
  42.01 of this code, completed on a standardized felony judgment
  form described by Section 4 of that article;
               (2)  a copy of any order revoking community supervision
  and imposing sentence pursuant to Section 23, Article 42.12, of
  this code, including:
                     (A)  any amounts owed for restitution, fines, and
  court costs, completed on a standardized felony judgment form
  described by Section 4, Article 42.01, of this code; and
                     (B)  a copy of the client supervision plan
  prepared for the defendant by the community supervision and
  corrections department supervising the defendant, if such a plan
  was prepared;
               (3)  a written report that states the nature and the
  seriousness of each offense and that states the citation to the
  provision or provisions of the Penal Code or other law under which
  the defendant was convicted;
               (4)  a copy of the victim impact statement, if one has
  been prepared in the case under Article 56.03 of this code;
               (5)  a statement as to whether there was a change in
  venue in the case and, if so, the names of the county prosecuting
  the offense and the county in which the case was tried;
               (6)  a copy of the record of arrest for each offense;
               (7)  if requested, information regarding the criminal
  history of the defendant, including the defendant's state
  identification number if the number has been issued;
               (8)  a copy of the indictment or information for each
  offense;
               (9)  a checklist sent by the department to the county
  and completed by the county in a manner indicating that the
  documents required by this subsection and Subsection (c) of this
  section accompany the defendant;
               (10)  if prepared, a copy of a presentence or
  postsentence investigation report prepared under Section 9,
  Article 42.12 of this code;
               (11)  a copy of any detainer, issued by an agency of the
  federal government, that is in the possession of the county and that
  has been placed on the defendant; [and]
               (12)  if prepared, a copy of the defendant's Texas
  Uniform Health Status Update Form; and
               (13)  a written description of a hold or warrant,
  issued by any other jurisdiction, that the county is aware of and
  that has been placed on or issued for the defendant.
         SECTION 5.  Subsection (b), Section 5, Article 42.12, Code
  of Criminal Procedure, is amended to read as follows:
         (b)  On violation of a condition of community supervision
  imposed under Subsection (a) of this section, the defendant may be
  arrested and detained as provided in Section 21 of this article.
  The defendant is entitled to a hearing limited to the determination
  by the court of whether it proceeds with an adjudication of guilt on
  the original charge. This determination is reviewable in the same
  manner as a revocation hearing conducted under Section 21 of this
  article in a case in which an adjudication of guilt had not been
  deferred [No appeal may be taken from this determination]. After an
  adjudication of guilt, all proceedings, including assessment of
  punishment, pronouncement of sentence, granting of community
  supervision, and defendant's appeal continue as if the adjudication
  of guilt had not been deferred. A court assessing punishment after
  an adjudication of guilt of a defendant charged with a state jail
  felony may suspend the imposition of the sentence and place the
  defendant on community supervision or may order the sentence to be
  executed, regardless of whether the defendant has previously been
  convicted of a felony.
         SECTION 6.  Subdivision (1), Subsection (a), Section 15,
  Article 42.12, Code of Criminal Procedure, is amended to read as
  follows:
               (1)  On conviction of a state jail felony under Section
  481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
  481.129(g)(1), Health and Safety Code, that is punished under
  Section 12.35(a), Penal Code, the judge shall suspend the
  imposition of the sentence and place the defendant on community
  supervision, unless the defendant has previously been convicted of
  a felony or unless the conviction resulted from an adjudication of
  the guilt of a defendant previously placed on deferred adjudication
  community supervision for the offense, in which event the judge may
  suspend the imposition of the sentence and place the defendant on
  community supervision or may order the sentence to be executed. The
  provisions of this subdivision requiring the judge to suspend the
  imposition of the sentence and place the defendant on community
  supervision do not apply to a defendant who under Section
  481.1151(b)(1), Health and Safety Code, possessed more than five
  abuse units of the controlled substance or under Section
  481.121(b)(3), Health and Safety Code, possessed more than one
  pound of marihuana.
         SECTION 7.  Section 15, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsections (i), (j), and (k) to
  read as follows:
         (i)  If a defendant is convicted of a state jail felony and
  the sentence is executed, the judge sentencing the defendant may
  release the defendant to a medically suitable placement if the
  judge determines that the defendant does not constitute a threat to
  public safety and the Texas Correctional Office on Offenders with
  Medical or Mental Impairments:
               (1)  in coordination with the Correctional Managed
  Health Care Committee prepares a case summary and medical report
  that identifies the defendant as being elderly, physically
  disabled, mentally ill, terminally ill, or mentally retarded or
  having a condition requiring long-term care; and
               (2)  in cooperation with the community supervision and
  corrections department serving the sentencing court, prepares for
  the defendant a medically recommended intensive supervision and
  continuity of care plan that:
                     (A)  ensures appropriate supervision of the
  defendant by the community supervision and corrections department;
  and
                     (B)  requires the defendant to remain under the
  care of a physician at and reside in a medically suitable placement.
         (j)  The Texas Correctional Office on Offenders with Medical
  or Mental Impairments shall submit to a judge who releases a
  defendant to an appropriate medical care facility under Subsection
  (i) a quarterly status report concerning the defendant's medical
  and treatment status.
         (k)  If a defendant released to a medically suitable
  placement under Subsection (i) violates the terms of that release,
  the judge may dispose of the matter as provided by Subsections (e)
  and (f)(1).
         SECTION 8.  Section 16, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsection (f) to read as follows:
         (f)  In lieu of requiring a defendant to work a specified
  number of hours at a community service project or projects under
  Subsection (a), the judge may order a defendant to make a specified
  donation to a nonprofit food bank or food pantry in the community in
  which the defendant resides.
         SECTION 9.  Section 19, Article 42.12, Code of Criminal
  Procedure, is amended by amending Subsections (a) and (b) and
  adding Subsection (g) to read as follows:
         (a)  Except as otherwise provided by this subsection, a judge
  granting community supervision shall fix a fee of not less than $25
  and not more than $60 per month to be paid during the period of
  community supervision by the defendant to the court of original
  jurisdiction or, in the case of an intrastate transfer described by
  Section 10(b) of this article, to the court to which jurisdiction of
  the defendant's case is transferred [by the defendant during the
  community supervision period]. The judge may make payment of the
  fee a condition of granting or continuing the community
  supervision. The judge may waive or reduce the fee or suspend a
  monthly payment of the fee if the judge determines that payment of
  the fee would cause the defendant a significant financial hardship.
         (b)  A [The] judge shall deposit any fee [the fees] received
  under Subsection (a) of this section in the special fund of the
  county treasury, to be used for the same purposes for which state
  aid may be used under Chapter 76, Government Code.
         (g)  A court to which jurisdiction of a defendant's case is
  transferred under Section 10(b) of this article shall enter an
  order directing the defendant to pay the monthly fee described by
  Subsection (a) of this section to that court in lieu of paying the
  monthly fee to the court of original jurisdiction. To the extent of
  any conflict between an order issued under this subsection and an
  order issued by a court of original jurisdiction, the order entered
  under this subsection prevails.
         SECTION 10.  Subsection (c), Article 61.06, Code of Criminal
  Procedure, is amended to read as follows:
         (c)  In determining whether information is required to be
  removed from an intelligence database under Subsection (b), the
  three-year period does not include any period during which the
  individual who is the subject of the information is:
               (1)  confined in a correctional facility operated by or
  under contract with the [institutional division or the state jail
  division of the] Texas Department of Criminal Justice; or
               (2)  confined in a county jail in lieu of being confined
  in a correctional facility operated by or under contract with the
  Texas Department of Criminal Justice.
         SECTION 11.  Section 76.004, Government Code, is amended by
  amending Subsection (a) and adding Subsection (h) to read as
  follows:
         (a)  After complying with the requirements of Subsection
  (h), the [The] judges described by Section 76.002 shall appoint a
  department director who must meet, at a minimum, the eligibility
  requirements for officers established under Section 76.005.
         (h)  When there is a vacancy in the position of department
  director, the judges described by Section 76.002 shall:
               (1)  publicly advertise the position;
               (2)  post a job description, the qualifications for the
  position, and the application requirements;
               (3)  conduct a competitive hiring process and adhere to
  state and federal equal employment opportunity laws; and
               (4)  review applicants who meet the posted
  qualifications and comply with the application requirements.
         SECTION 12.  The heading to Subtitle C, Title 3, Government
  Code, is amended to read as follows:
  SUBTITLE C. LEGISLATIVE AGENCIES AND OVERSIGHT COMMITTEES
         SECTION 13.  Subtitle C, Title 3, Government Code, is
  amended by adding Chapter 328 to read as follows:
  CHAPTER 328. CRIMINAL JUSTICE LEGISLATIVE OVERSIGHT COMMITTEE
         Sec. 328.001.  DEFINITION. In this chapter, "committee"
  means the Criminal Justice Legislative Oversight Committee.
         Sec. 328.002.  ESTABLISHMENT; COMPOSITION. (a)  The
  Criminal Justice Legislative Oversight Committee is established to
  provide objective research, analysis, and recommendations to help
  guide state criminal justice policies.
         (b)  The committee is composed of six members as follows:
               (1)  the chair of the Senate Committee on Criminal
  Justice;
               (2)  the chair of the House Committee on Corrections;
               (3)  two members of the senate appointed by the
  lieutenant governor; and
               (4)  two members of the house of representatives
  appointed by the speaker of the house of representatives.
         (c)  In making appointments under Subsection (b)(3) or (4),
  the lieutenant governor or the speaker of the house of
  representatives, as applicable, shall give first consideration to
  members of the senate or the house of representatives who are
  members of the Senate Committee on Finance or the House
  Appropriations Committee.
         (d)  An appointed member of the committee serves at the
  pleasure of the appointing official.
         Sec. 328.003.  PRESIDING OFFICER; TERM. (a)  The lieutenant
  governor and the speaker of the house of representatives shall
  appoint the presiding officer of the committee on an alternating
  basis.
         (b)  The presiding officer of the committee serves a two-year
  term that expires February 1 of each odd-numbered year.
         Sec. 328.004.  POWERS AND DUTIES.  (a)  The committee shall:
               (1)  use statistical analyses and other research
  methods to conduct an in-depth examination of the criminal justice
  system in this state that includes:
                     (A)  an assessment of the cost-effectiveness of
  the use of state and local funds in the criminal justice system;
                     (B)  an identification of critical problems in the
  criminal justice system; and
                     (C)  a determination of the long-range needs of
  the criminal justice system;
               (2)  recommend to the legislature:
                     (A)  strategies to solve the problems identified
  under Subdivision (1)(B); and
                     (B)  policy priorities to address the long-range
  needs determined under Subdivision (1)(C); and
               (3)  advise and assist the legislature in developing
  plans, programs, and proposed legislation to improve the
  effectiveness of the criminal justice system.
         (b)  The committee has all other powers and duties provided
  to a special committee by:
               (1)  Subchapter B, Chapter 301;
               (2)  the rules of the senate and the house of
  representatives; and
               (3)  policies of the senate and house committees on
  administration.
         Sec. 328.005.  MEETINGS. The committee shall meet at the
  call of the presiding officer.
         Sec. 328.006.  STAFF; AUTHORITY TO CONTRACT. The committee
  may hire staff or may contract with universities or other suitable
  entities to assist the committee in carrying out the committee's
  duties.  Funding to support the operation of the committee shall be
  provided from funds appropriated to the Texas Legislative Council.
         Sec. 328.007.  REPORT. Not later than January 1 of each
  odd-numbered year, the committee shall submit to the legislature a
  report that contains the recommendations described by Section
  328.004(a)(2). 
         SECTION 14.  Section 492.012, Government Code, is amended to
  read as follows:
         Sec. 492.012.  SUNSET PROVISION.  The Texas Board of
  Criminal Justice and the Texas Department of Criminal Justice are
  subject to Chapter 325 (Texas Sunset Act). Unless continued in
  existence as provided by that chapter, the board and the department
  are abolished September 1, 2011 [2007].
         SECTION 15.  Chapter 492, Government Code, is amended by
  adding Sections 492.0125, 492.015, and 492.016 to read as follows:
         Sec. 492.0125.  COMPLIANCE WITH SUNSET RECOMMENDATIONS.  
  (a)  The department shall:
               (1)  comply with and implement the management action
  recommendations regarding the department adopted by the Sunset
  Advisory Commission on January 10, 2007, as a result of its review
  of the department; and
               (2)  report to the Sunset Advisory Commission not later
  than November 1, 2008, the information the Sunset Advisory
  Commission requires regarding the department's implementation of
  the recommendations under Subdivision (1).
         (b)  This section expires June 1, 2009.
         Sec. 492.015.  USE OF TECHNOLOGY. The board shall implement
  a policy requiring the department to use appropriate technological
  solutions to improve the department's ability to perform its
  functions. The policy must ensure that the public is able to
  interact with the department on the Internet.
         Sec. 492.016.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION. (a)  The board shall develop and implement a policy to
  encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of department rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal and external disputes under the department's
  jurisdiction.
         (b)  The department's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The board shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the department.
         SECTION 16.  Chapter 493, Government Code, is amended by
  adding Section 493.0151 to read as follows:
         Sec. 493.0151.  DYNAMIC RISK ASSESSMENT OF SEX OFFENDERS.
  (a)  For purposes of this section, "sexual offense" means a
  criminal offense the conviction of which requires a person to
  register as a sex offender under Chapter 62, Code of Criminal
  Procedure.
         (b)  Before an inmate who is serving a sentence for a sexual
  offense is discharged or is released on parole or mandatory
  supervision from the department, the department shall use the
  dynamic risk assessment tool developed by the Council on Sex
  Offender Treatment under Section 110.164, Occupations Code, to
  assign the inmate a risk level of low, medium, or high.
         (c)  The department shall conduct the risk assessment
  required by this section in addition to any other risk assessment
  the department is required to conduct.
         SECTION 17.  Chapter 493, Government Code, is amended by
  adding Section 493.026 to read as follows:
         Sec. 493.026.  CERTAIN INTERAGENCY COMMUNICATIONS
  PROHIBITED. The department, regardless of available capacity in
  the program, may not prohibit a parole panel from, or request a
  parole panel to refrain from, requiring an inmate to participate in
  and complete a treatment program operated by the department before
  the inmate is released on parole.
         SECTION 18.  Chapter 493, Government Code, is amended by
  adding Section 493.027 to read as follows:
         Sec. 493.027.  MANAGEMENT-EMPLOYEE MEETINGS.  (a)  The
  director of the department may meet regularly with representatives
  of an eligible state employee organization, as certified by the
  comptroller under Section 403.0165, that represents department
  employees in disciplinary or grievance matters to identify:
               (1)  department policies or practices that impair the
  efficient, safe, and effective operation of department facilities;
  and
               (2)  issues that could lead to unnecessary conflicts
  between the department and department employees and that could
  undermine retention and recruitment of those employees.
         (b)  The director annually shall submit a report to the
  Criminal Justice Legislative Oversight Committee on the outcome of
  any meetings held under this section. The report must:
               (1)  be signed by the director and each representative
  of an employee organization described by Subsection (a) that
  participates in the meetings; and
               (2)  include a statement from each party regarding the
  impact of the meetings on the recruitment and retention of
  department employees and on employee morale.
         SECTION 19.  Section 494.008, Government Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  The department may allow employees who are granted law
  enforcement authority under this section to assist municipal,
  county, state, or federal law enforcement [peace] officers [in any
  county of the state] if:
               (1)  the assistance is requested for an emergency
  situation that presents an immediate or potential threat to public
  safety if assistance is not received, including [the purpose of]
  apprehending an escapee of a municipal or county jail or privately
  operated or federal correctional facility; and
               (2)  [if] the department determines that the assistance
  will not jeopardize the safety and security of the department and
  its personnel.
         (b-1)  An employee who assists under Subsection (b) a law
  enforcement [peace] officer in the performance of the officer's
  duties has the same powers and duties as the officer requesting
  assistance.
         SECTION 20.  Subchapter B, Chapter 495, Government Code, is
  amended by adding Sections 495.025 and 495.026 to read as follows:
         Sec. 495.025.  CERTAIN COMMISSARY CONTRACTS; TASTE TESTS.  
  (a)  For the purchase of commissary food goods, the department may
  conduct a taste test as consideration for a bid award only if, to
  conduct the test, the department contracts with a private marketing
  vendor, a university, or another independent organization that is
  experienced in food product evaluation and taste tests.
         (b) In awarding a bid for commissary food goods for which a
  taste test is conducted, the department may use the taste test
  results as not more than 30 percent of the criteria used for the bid
  award.
         (c) A contract into which the department enters under
  Subsection (a) must require the vendor, university, or other
  organization, at the expense of the vendor, university, or
  organization, to annually re-conduct the taste test to ensure that
  the product meets the original specifications of the request for
  proposal that resulted in the department entering a contract for
  the tested product.
         Sec. 495.026.  PRODUCT BUNDLING, BULK PURCHASING, AND VENDOR
  DISCOUNTS.  The department may provide for the practice of bundling
  products into categories to ensure savings through bulk purchasing,
  discounts for advance invoice payments, and online ordering.
         SECTION 21.  Subsections (b) and (c), Section 497.006,
  Government Code, are amended to read as follows:
         (b)  With the approval of the board, the office may enter
  into a contract with a private business to conduct a program on or
  off property operated by the department. Except as provided by
  Subsection (c), a contract entered into under this section must
  comply with all requirements of the Private Sector/Prison Industry
  Enhancement Certification Program operated by the Bureau of Justice
  Assistance and authorized by 18 U.S.C. Section 1761. In
  determining under Section 497.062 the number of participants
  participating in private sector prison industries programs, the
  department shall count the number of work program participants
  participating in a program under a contract entered into under this
  section. Not more than 700 [500] work program participants may
  participate in programs under contracts entered into under this
  subsection.
         (c)  A contract for the provision of services under this
  section must:
               (1)  be certified by the Private Sector Prison
  Industries Oversight Authority as complying with all requirements
  of the Private Sector/Prison Industry Enhancement Certification
  Program operated by the Bureau of Justice Assistance and authorized
  by 18 U.S.C. Section 1761, other than a requirement relating to the
  payment of prevailing wages, so long as the contract requires
  payment of not less than the federal minimum wage;
               (2)  be certified by the authority, under rules adopted
  under Section 497.059, that the contract would not cause the loss of
  existing jobs of a specific type provided by the contracting party
  in this state; and
               (3)  be approved by the board.
         SECTION 22.  Subchapter D, Chapter 499, Government Code, is
  amended by adding Section 499.072 to read as follows:
         Sec. 499.072.  LOCATION OF CENTRAL PRISON UNIT.  (a)  The
  department shall conduct a feasibility study of relocating the
  Central Prison Unit and the adjoining prison housing units from
  their current location in Sugar Land, Texas, to a location that more
  appropriately addresses the needs of the correctional system.
         (b)  If relocation is determined to be in the best interest
  of the correctional system and the City of Sugar Land, during the
  course of the study the department shall examine:
               (1)  the costs and benefits of relocating the Central
  Prison Unit and the adjoining prison housing units;
               (2)  appropriate measures to ensure that adequate
  easements are granted to allow development of surrounding property;
  and
               (3)  an anticipated timeline for the relocation.
         SECTION 23.  Subchapter A, Chapter 501, Government Code, is
  amended by adding Section 501.011 to read as follows:
         Sec. 501.011.  ZERO-TOLERANCE POLICY. (a)  The department
  shall adopt a zero-tolerance policy concerning the detection,
  prevention, and punishment of the sexual abuse, including
  consensual sexual contact, of inmates in the custody of the
  department.
         (b)  The department shall establish standards for reporting
  and collecting data on the sexual abuse of inmates in the custody of
  the department.
         (c)  The department shall establish a procedure for inmates
  in the custody of the department and department employees to report
  incidents of sexual abuse involving an inmate in the custody of the
  department. The procedure must designate a person employed at the
  department facility in which the abuse is alleged to have occurred
  as well as a person who is employed at the department's headquarters
  to whom a person may report an incident of sexual abuse.
         (d)  The department shall prominently display the following
  notice in the office of the chief administrator of each department
  facility, the employees' break room of each department facility,
  the cafeteria of each department facility, and at least six
  additional locations in each department facility:
         THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
  REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
  AN INMATE IN THE CUSTODY OF THE DEPARTMENT. ANY SUCH VIOLATION MUST
  BE REPORTED TO __________.
         SECTION 24.  Subchapter B, Chapter 501, Government Code, is
  amended by adding Sections 501.059 and 501.064 to read as follows:
         Sec. 501.059.  SCREENING FOR AND EDUCATION CONCERNING FETAL
  ALCOHOL EXPOSURE DURING PREGNANCY. (a)  The department shall
  establish a screening program to identify female inmates who are:
               (1)  between the ages of 18 and 44;
               (2)  sentenced to a term of confinement not to exceed
  two years; and
               (3)  at risk for having a pregnancy with
  alcohol-related complications, including giving birth to a child
  with alcohol-related birth defects.
         (b)  The screening program established under Subsection (a)
  must:
               (1)  evaluate the family planning practices of each
  female inmate described by Subsection (a) in relation to the
  inmate's consumption of alcohol and risk of having a pregnancy with
  alcohol-related complications;
               (2)  include an objective screening tool to be used by
  department employees administering the screening program; and
               (3)  occur during the diagnostic process or at another
  time determined by the department.
         (c)  The department shall provide:
               (1)  a brief substance abuse intervention to all female
  inmates identified by the screening program as being at risk for
  having a pregnancy with alcohol-related complications; and
               (2)  an educational brochure describing the risks and
  dangers of consuming alcohol during pregnancy to all female
  inmates.
         Sec. 501.064.  AVAILABILITY OF CORRECTIONAL HEALTH CARE
  INFORMATION TO INMATES.  The department shall ensure that the
  following information is available to any inmate confined in a
  facility operated by or under contract with the department:
               (1)  a description of the level, type, and variety of
  health care services available to inmates;
               (2)  the formulary used by correctional health care
  personnel in prescribing medication to inmates;
               (3)  correctional managed care policies and
  procedures; and
               (4)  the process for the filing of inmate grievances
  concerning health care services provided to inmates.
         SECTION 25.  Section 501.132, Government Code, is amended to
  read as follows:
         Sec. 501.132.  APPLICATION OF SUNSET ACT. The Correctional
  Managed Health Care Committee is subject to review under Chapter
  325 (Texas Sunset Act) regarding the committee's role and
  responsibilities. The committee shall be reviewed during the
  period in which the Texas Department of Criminal Justice is
  reviewed [Unless continued in existence as provided by that
  chapter, the committee is abolished and this subchapter expires
  September 1, 2007].
         SECTION 26.  Subchapter E, Chapter 501, Government Code, is
  amended by adding Section 501.1325 to read as follows:
         Sec. 501.1325.  COMPLIANCE WITH SUNSET RECOMMENDATIONS.  
  (a)  The committee, The University of Texas Medical Branch at
  Galveston, and the Texas Tech University Health Sciences Center
  shall:
               (1)  comply with and implement the management action
  recommendations regarding the committee, The University of Texas
  Medical Branch at Galveston, and the Texas Tech University Health
  Sciences Center adopted by the Sunset Advisory Commission on
  January 10, 2007, as a result of its review of the committee; and
               (2)  report to the Sunset Advisory Commission not later
  than November 1, 2008, the information the Sunset Advisory
  Commission requires regarding the committee and the health care
  providers' implementation of the recommendations under Subdivision
  (1).
         (b)  This section expires June 1, 2009.
         SECTION 27.  Section 501.137, Government Code, is amended to
  read as follows:
         Sec. 501.137.  PRESIDING OFFICER. The governor shall
  designate a public [physician] member of the committee who is
  licensed to practice medicine in this state as presiding officer.
  The presiding officer serves in that capacity at the will of the
  governor.
         SECTION 28.  Subsection (a), Section 501.148, Government
  Code, is amended to read as follows:
         (a)  The committee shall:
               (1)  develop statewide policies for the delivery of
  correctional health care;
               (2)  maintain [the] contracts for health care services
  in consultation with the department and the health care providers;
               (3)  communicate with the department and the
  legislature regarding the financial needs of the correctional
  health care system;
               (4)  allocate funding made available through
  legislative appropriations for correctional health care;
               (5)  monitor the expenditures of The University of
  Texas Medical Branch at Galveston and the Texas Tech University
  Health Sciences Center to ensure that those expenditures comply
  with applicable statutory and contractual requirements;
               (6)  serve as a dispute resolution forum
  [(2)     determine a capitation rate reflecting the true cost of
  correctional health care, including necessary catastrophic
  reserves;
               [(3)     monitor and develop reports on general quality of
  care issues;
               [(4)     act as an independent third party in the
  allocation of money to inmate health care providers, including the
  allocation of money between The University of Texas Medical Branch
  at Galveston and the Texas Tech University Health Sciences Center;
               [(5)     act as an independent third party for the purpose
  of dispute resolution] in the event of a disagreement relating to
  inmate health care services between:
                     (A)  the department and the health care providers;
  or
                     (B)  The University of Texas Medical Branch at
  Galveston and the Texas Tech University Health Sciences Center;
               (7)  address problems found through monitoring
  activities by the department and health care providers [and
               [(6)  enforce compliance with contract provisions],
  including requiring corrective action if care does not meet
  expectations as determined by those [quality of care] monitoring
  activities;
               (8)  identify and address long-term needs of the
  correctional health care system; and
               (9)  report to the Texas Board of Criminal Justice at
  the board's regularly scheduled meeting each quarter on the
  committee's policy decisions, the financial status of the
  correctional health care system, and corrective actions taken by or
  required of the department or the health care providers.
         SECTION 29.  Section 501.150, Government Code, is amended to
  read as follows:
         Sec. 501.150.  QUALITY OF CARE MONITORING BY THE DEPARTMENT
  AND HEALTH CARE PROVIDERS.  (a)  The committee shall establish a
  procedure for monitoring the quality of care delivered by the
  health care providers. Under the procedure, the department shall
  monitor the quality of care delivered by the health care providers,
  including [department's monitoring activities must be limited to]
  investigating medical grievances, ensuring access to medical care,
  and conducting periodic operational reviews of medical care
  provided at its units.
         (b)  The department and the medical care providers shall
  cooperate in monitoring quality of care. The clinical and
  professional resources of the health care providers shall be used
  to the greatest extent feasible for clinical oversight of quality
  of care issues. The department may require the health care
  providers to take corrective action if the care provided does not
  meet expectations as determined by quality of care monitoring.
         (c)  The department and the medical care providers shall
  communicate the results of their monitoring activities, including a
  list of and the status of any corrective actions required of the
  health care providers, to the committee and to the Texas Board of
  Criminal Justice.
         SECTION 30.  Subsections (a) and (b), Section 501.151,
  Government Code, are amended to read as follows:
         (a)  The committee shall maintain a file on each written
  complaint filed with the committee by a member of the general
  public. The file must include:
               (1)  the name of the person who filed the complaint;
               (2)  the date the complaint is received by the
  committee;
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the committee closed the file without taking action other than to
  investigate the complaint.
         (b)  The committee shall make information available
  describing its procedures for [provide to the person filing the
  complaint and to each person who is a subject of the complaint a
  copy of the committee's policies and procedures relating to]
  complaint investigation and resolution.
         SECTION 31.  Subchapter E, Chapter 501, Government Code, is
  amended by adding Sections 501.153, 501.154, and 501.155 to read as
  follows:
         Sec. 501.153.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  The
  committee shall develop and implement a policy to encourage the use
  of appropriate alternative dispute resolution procedures under
  Chapter 2009 to assist in the resolution of internal and external
  disputes under the committee's jurisdiction.
         (b)  The committee's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The committee shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for alternative dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the committee.
         Sec. 501.154.  USE OF TECHNOLOGY. The committee shall
  implement a policy requiring the committee to use appropriate
  technological solutions to improve the committee's ability to
  perform its functions. The policy must ensure that the public is
  able to interact with the committee on the Internet.
         Sec. 501.155.  AVAILABILITY OF CORRECTIONAL HEALTH CARE
  INFORMATION TO THE PUBLIC. (a)  The committee shall ensure that
  the following information is available to the public:
               (1)  contracts between the department, the committee,
  and health care providers, and other information concerning the
  contracts, including a description of the level, type, and variety
  of health care services available to inmates;
               (2)  the formulary used by correctional health care
  personnel in prescribing medication to inmates;
               (3)  correctional managed care policies and
  procedures;
               (4)  quality assurance statistics and data, to the
  extent permitted by law;
               (5)  general information concerning the costs
  associated with correctional health care, including at a minimum:
                     (A)  quarterly and monthly financial reports; and
                     (B)  aggregate cost information for:
                           (i)  salaries and benefits;
                           (ii)  equipment and supplies;
                           (iii)  pharmaceuticals;
                           (iv)  offsite medical services; and
                           (v)  any other costs to the correctional
  health care system;
               (6)  aggregate statistical information concerning
  inmate deaths and the prevalence of disease among inmates;
               (7)  the process for the filing of inmate grievances
  concerning health care services provided to inmates;
               (8)  general statistics on the number and types of
  inmate grievances concerning health care services provided to
  inmates filed during the preceding quarter;
               (9)  contact information for a member of the public to
  submit an inquiry to or file a complaint with the department or a
  health care provider;
               (10)  information concerning the regulation and
  discipline of health care professionals, including contact
  information for the Health Professions Council and a link to the
  council's website;
               (11)  unit data regarding health care services,
  including hours of operation, available services, general
  information on health care staffing at the unit, statistics on an
  inmate's ability to access care at the unit in a timely manner, and,
  if the unit is accredited by a national accrediting body, the most
  recent accreditation review date; and
               (12)  dates and agendas for quarterly committee
  meetings and the minutes from previous committee meetings.
         (b)  The committee shall make the information described by
  Subsection (a) available on the committee's website and, on
  request, in writing. The committee shall cooperate with the
  department and the health care providers to ensure that the
  committee's website:
               (1)  is linked to the websites of the department and the
  health care providers;
               (2)  is accessible through the State of Texas website;
  and
               (3)  can be located through common search engines.
         (c)  In determining the specific information to be made
  available under this section, the committee shall cooperate with
  the department to ensure that public disclosure of the information
  would not pose a security threat to any individual or to the
  criminal justice system.
         SECTION 32.  Subchapter B, Chapter 507, Government Code, is
  amended by adding Section 507.028 to read as follows:
         Sec. 507.028.  SCREENING FOR AND EDUCATION CONCERNING FETAL
  ALCOHOL EXPOSURE DURING PREGNANCY.  (a)  The department shall
  establish and use a screening program in state jail felony
  facilities that is substantially similar to the program established
  and used by the department under Section 501.059.
         (b)  The department shall provide to all female defendants
  confined in state jail felony facilities an educational brochure
  describing the risks and dangers of consuming alcohol during
  pregnancy.
         SECTION 33.  Section 508.033, Government Code, is amended by
  amending Subsections (a) through (d) and adding Subsection (f) to
  read as follows:
         (a)  A person is not eligible for appointment as a member of
  the board or for employment as a parole commissioner 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
  department or the board;
               (2)  owns or controls, directly or indirectly, more
  than a 10-percent interest in a business entity or other
  organization:
                     (A)  regulated by the department; or
                     (B)  receiving funds from the department or the
  board; or
               (3)  uses or receives a substantial amount of tangible
  goods, services, or funds from the department or the board, other
  than compensation or reimbursement authorized by law for board
  membership, attendance, or expenses.
         (b)  In determining eligibility under Subsection (a)(3), the
  compensation or reimbursement that a board member's spouse or
  parole commissioner's spouse receives as an employee of the board
  or the department may not be considered.  This subsection does not
  affect any restriction on employment or board membership imposed by
  any other law.
         (c)  A person may not serve as a parole commissioner, may not
  be a member of the board, and may not be an employee of the division
  or the board employed in a "bona fide executive, administrative, or
  professional capacity," as that phrase is used for purposes of
  establishing an exemption to the overtime provisions of the federal
  Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and
  its subsequent amendments, if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of criminal
  justice; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of criminal
  justice.
         (d)  A person who is required to register as a lobbyist under
  Chapter 305 because of the person's activities for compensation in
  or on behalf of a profession related to the operation of the board
  may not:
               (1)  serve as a member of the board or as a parole
  commissioner; or
               (2)  act as the general counsel to the board or
  division.
         (f)  A person who is a current or former employee of the
  department may not serve as a parole commissioner before the second
  anniversary of the date the person's employment with the department
  ceases, and a member of the board may not serve as a parole
  commissioner before the second anniversary of the date the person's
  membership on the board ceases.
         SECTION 34.  Subsection (b), Section 508.036, Government
  Code, is amended to read as follows:
         (b)  The board shall:
               (1)  adopt rules relating to the decision-making
  processes used by the board and parole panels;
               (2)  prepare information of public interest describing
  the functions of the board and make the information available to the
  public and appropriate state agencies;
               (3)  comply with federal and state laws related to
  program and facility accessibility; [and]
               (4)  prepare annually a complete and detailed written
  report that meets the reporting requirements applicable to
  financial reporting provided in the General Appropriations Act and
  accounts for all funds received and disbursed by the board during
  the preceding fiscal year; and
               (5)  develop and implement policies that provide the
  public with a reasonable opportunity to appear before the board and
  to speak on any issue under the jurisdiction of the board, with the
  exception of an individual parole determination or clemency
  recommendation.
         SECTION 35.  Section 508.036, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The board, in accordance with the rules and procedures
  of the Legislative Budget Board, shall prepare, approve, and submit
  a legislative appropriations request that is separate from the
  legislative appropriations request for the department and is used
  to develop the board's budget structure.  The board shall maintain
  the board's legislative appropriations request and budget
  structure separately from those of the department.
         SECTION 36.  Subchapter B, Chapter 508, Government Code, is
  amended by adding Sections 508.053, 508.054, and 508.055 to read as
  follows:
         Sec. 508.053.  USE OF TECHNOLOGY. The board shall implement
  a policy requiring the board to use appropriate technological
  solutions to improve the board's ability to perform its functions.
  The policy must ensure that the public is able to interact with the
  board on the Internet.
         Sec. 508.054.  RECORDS OF COMPLAINTS. (a)  The board shall
  maintain a system to promptly and efficiently act on complaints
  filed with the board. The board shall maintain information about
  parties to the complaint, the subject matter of the complaint, a
  summary of the results of the review or investigation of the
  complaint, and its disposition.
         (b)  The board shall make information available describing
  its procedures for complaint investigation and resolution.
         (c)  The board shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
         (d)  This section does not apply to a complaint about an
  individual parole determination or clemency recommendation.
         Sec. 508.055.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION. (a)  The board shall develop and implement a
  policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal disputes under the board's jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the board.
         SECTION 37.  Subchapter D, Chapter 508, Government Code, is
  amended by adding Section 508.1131 to read as follows:
         Sec. 508.1131.  SALARY CAREER LADDER FOR PAROLE OFFICERS.  
  (a)  The executive director shall adopt a salary career ladder for
  parole officers. The salary career ladder must base a parole
  officer's salary on the officer's classification and years of
  service with the department.
         (b)  For purposes of the salary schedule, the department
  shall classify all parole officer positions as Parole Officer I,
  Parole Officer II, Parole Officer III, Parole Officer IV, or Parole
  Officer V.
         (c)  Under the salary career ladder adopted under Subsection
  (a), a parole officer to whom the schedule applies and who received
  an overall evaluation of at least satisfactory in the officer's
  most recent annual evaluation is entitled to an annual salary
  increase, during each of the officer's first 10 years of service in
  a designated parole officer classification as described by
  Subsection (b), equal to one-tenth of the difference between:
               (1)  the officer's current annual salary;  and
               (2)  the minimum annual salary of a parole officer in
  the next highest classification.
         SECTION 38.  Subdivision (1), Subsection (g), Section
  508.117, Government Code, is amended to read as follows:
               (1)  "Close relative of a deceased victim" means a
  person who was:
                     (A)  the spouse of the victim at the time of the
  victim's death;
                     (B)  a parent of the deceased victim; [or]
                     (C)  an adult brother, sister, or child of the
  deceased victim; or
                     (D)  the nearest relative of the deceased victim
  by consanguinity, if the persons described by Paragraphs (A)
  through (C) are deceased or are incapacitated due to physical or
  mental illness or infirmity.
         SECTION 39.  Section 508.144, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (d), (e),
  and (f) to read as follows:
         (a)  The board shall:
               (1)  develop according to an acceptable research method
  the parole guidelines that are the basic criteria on which a parole
  decision is made;
               (2)  base the guidelines on the seriousness of the
  offense and the likelihood of a favorable parole outcome;
               (3)  ensure that the guidelines require consideration
  of an inmate's progress in any programs in which the inmate
  participated during the inmate's term of confinement; and
               (4)  implement the guidelines[; and
               [(4)  review the guidelines periodically].
         (b)  If a board member or parole commissioner deviates from
  the parole guidelines in voting on a parole decision, the member or
  parole commissioner shall:
               (1)  produce a [brief] written statement describing in
  detail the specific circumstances regarding the departure from the
  guidelines; [and]
               (2)  place a copy of the statement in the file of the
  inmate for whom the parole decision was made; and
               (3)  provide a copy of the statement to the inmate.
         (d)  The board shall meet annually to review and discuss the
  parole guidelines developed under Subsection (a). The board may
  consult outside experts to assist with the review. The board must
  consider:
               (1)  how the parole guidelines serve the needs of
  parole decision-making;
               (2)  how well the parole guidelines reflect parole
  panel decisions; and
               (3)  how well parole guidelines predict successful
  parole outcomes.
         (e)  Based on the board's review of the parole guidelines
  under Subsection (d), the board may:
               (1)  update the guidelines by:
                     (A)  including new risk factors; or
                     (B)  changing the values of offense severity or
  risk factor scores; or
               (2)  modify the recommended parole approval rates under
  the guidelines, if parole approval rates differ significantly from
  the recommended rates.
         (f)  The board is not required to hold an open meeting to
  review the guidelines as required by Subsection (d), but any
  modifications or updates to the guidelines made by the board under
  Subsection (e) must occur in an open meeting.
         SECTION 40.  Subchapter E, Chapter 508, Government Code, is
  amended by adding Section 508.1445 to read as follows:
         Sec. 508.1445.  ANNUAL REPORT ON GUIDELINES REQUIRED.
  (a)  The board annually shall submit a report to the Criminal
  Justice Legislative Oversight Committee, the lieutenant governor,
  the speaker of the house of representatives, and the presiding
  officers of the standing committees in the senate and house of
  representatives primarily responsible for criminal justice
  regarding the board's application of the parole guidelines adopted
  under Section 508.144.
         (b)  The report must include:
               (1)  a brief explanation of the parole guidelines,
  including how the board:
                     (A)  defines the risk factors and offense severity
  levels; and
                     (B)  determines the recommended parole approval
  rates for each guideline score;
               (2)  a comparison of the recommended approval rates
  under the parole guidelines to the actual approval rates for
  individual parole panel members, regional offices, and the state as
  a whole; and
               (3)  a description of instances in which the actual
  parole approval rates do not meet the recommended approval rates
  under the parole guidelines, an explanation of the variations, and
  a list of actions that the board has taken or will take to meet the
  guidelines. 
         SECTION 41.  Subsection (c), Section 508.155, Government
  Code, is amended to read as follows:
         (c)  The division may allow a releasee to serve the remainder
  of the releasee's sentence without supervision and without being
  required to report if a parole supervisor at the regional level has
  approved the releasee's early release from supervision under
  Section 508.1555[:
               [(1)     the releasee has been under supervision for at
  least one-half of the time that remained on the releasee's sentence
  when the releasee was released from imprisonment;
               [(2)     during the period of supervision the releasee's
  parole or release to mandatory supervision has not been revoked;
  and
               [(3)  the division determines:
                     [(A)     that the releasee has made a good faith
  effort to comply with any restitution order imposed on the releasee
  by a court; and
                     [(B)     that allowing the releasee to serve the
  remainder of the releasee's sentence without supervision and
  reporting is in the best interest of society].
         SECTION 42.  Subchapter E, Chapter 508, Government Code, is
  amended by adding Section 508.1555 to read as follows:
         Sec. 508.1555.  PROCEDURE FOR THE EARLY RELEASE FROM
  SUPERVISION OF CERTAIN RELEASEES. (a)  A parole officer annually
  shall identify the releasees under the parole officer's supervision
  who are eligible for early release from supervision under Section
  508.155(c). A releasee is eligible for early release if:
               (1)  the releasee has been under supervision for at
  least one-half of the time that remained on the releasee's sentence
  when the releasee was released from imprisonment;
               (2)  during the preceding two-year period, the releasee
  has not committed any violation of the rules or conditions of
  release;
               (3)  during the period of supervision the releasee's
  parole or release to mandatory supervision has not been revoked;
  and
               (4)  the division determines:
                     (A)  that the releasee has made a good faith
  effort to comply with any restitution order imposed on the releasee
  by a court; and
                     (B)  that allowing the releasee to serve the
  remainder of the releasee's sentence without supervision and
  reporting is in the best interest of society.
         (b)  After identifying any releasees who are eligible for
  early release under Subsection (a), the parole officer shall review
  the eligible releasees, including any releasees the parole officer
  has previously declined to recommend for early release, to
  determine if a recommendation for early release from supervision is
  appropriate. In conducting the review and determining
  recommendations, the parole officer shall consider whether the
  releasee:
               (1)  has a low risk of recidivism as determined by an
  assessment developed by the department; and
               (2)  has made a good faith effort to comply with the
  conditions of release.
         (c)  A parole officer shall forward to the parole supervisor
  at the regional level any recommendations for early release the
  parole officer makes under Subsection (b). If the parole
  supervisor approves the recommendation, the division shall allow a
  releasee to serve the remainder of the releasee's sentence without
  supervision and without being required to report as authorized by
  Section 508.155.
         SECTION 43.  Subchapter B, Chapter 659, Government Code, is
  amended by adding Section 659.0155 to read as follows:
         Sec. 659.0155.  PAYMENT TO EMPLOYEES OF TEXAS DEPARTMENT OF
  CRIMINAL JUSTICE FOR OVERTIME. The Texas Department of Criminal
  Justice shall compensate a person employed by the department for
  any overtime accrued by the employee for which the employee is
  entitled to compensation under Section 659.015 in the same month
  the department compensates employees at the regular rate of pay for
  the period in which the employee accrued the overtime.
         SECTION 44.  Subsection (a), Section 614.0032, Health and
  Safety Code, is amended to read as follows:
         (a)  The office shall perform duties imposed on the office by
  Section 508.146, Government Code, and Section 15(i), Article 42.12,
  Code of Criminal Procedure.
         SECTION 45.  Section 32.024, Human Resources Code, is
  amended by adding Subsection (dd) to read as follows:
         (dd)  Nothwithstanding any other law, an inmate released on
  medically recommended intensive supervision under Section 508.146,
  Government Code, who otherwise meets the eligibility requirements
  for the medical assistance program is not ineligible for the
  program solely on the basis of the conviction or adjudication for
  which the inmate was sentenced to confinement.
         SECTION 46.  Subchapter D, Chapter 110, Occupations Code, is
  amended by adding Section 110.164 to read as follows:
         Sec. 110.164.  DYNAMIC RISK ASSESSMENT TOOL. (a)  The
  council shall develop or adopt a dynamic risk assessment tool to be
  used in determining the likelihood that a person who is confined in
  a penal institution and will become subject to Chapter 62, Code of
  Criminal Procedure, on being released from the institution will
  commit an offense described by Article 62.001(5), Code of Criminal
  Procedure, after being released from the institution.
         (b)  The dynamic risk assessment tool must enable the
  assignment to a person of a risk level of low, medium, or high.
         SECTION 47.  Subsection (c), Section 110.302, Occupations
  Code, is amended to read as follows:
         (c)  The [Texas Board of Criminal Justice or the] governing
  board of the Texas Youth Commission may vote to exempt employees of
  the [Texas Department of Criminal Justice or the] Texas Youth
  Commission[, as appropriate,] from a specific licensing
  requirement imposed under this section if the board determines that
  the requirement causes financial or operational hardship on the
  agency. The Texas Board of Criminal Justice may not exempt any
  employee of the Texas Department of Criminal Justice from a
  licensing requirement imposed by this section for any reason.
         SECTION 48.  Subsection (a), Section 721.003,
  Transportation Code, is amended to read as follows:
         (a)  The governing bodies of the following state agencies or
  divisions by rule may exempt from the requirements of Section
  721.002 a motor vehicle that is under the control and custody of the
  agency or division:
               (1)  Texas Commission on Fire Protection;
               (2)  Texas State Board of Pharmacy;
               (3)  [Texas] Department of State Health Services and
  Department of Aging and Disability Services [Mental Health and
  Mental Retardation];
               (4)  Department of Public Safety of the State of Texas;
               (5)  [the institutional division or the pardons and
  paroles division of the] Texas Department of Criminal Justice;
               (6)  Board of Pardons and Paroles;
               (7)  Parks and Wildlife Department;
               (8)  Railroad Commission of Texas;
               (9)  Texas Alcoholic Beverage Commission;
               (10)  Texas Department of Banking;
               (11)  [Savings and Loan] Department of Savings and
  Mortgage Lending;
               (12)  Texas Juvenile Probation Commission;
               (13)  Texas [Natural Resource Conservation] Commission
  on Environmental Quality;
               (14)  Texas Youth Commission;
               (15)  Texas Lottery Commission;
               (16)  the office of the attorney general;
               (17)  Texas Department of Insurance; and
               (18)  an agency that receives an appropriation under an
  article of the General Appropriations Act that appropriates money
  to the legislature.
         SECTION 49.  (a)  The Texas Department of Criminal Justice
  shall study the operation and maintenance of different types of
  electronic monitoring equipment. The study conducted under this
  subsection must examine:
               (1)  the relative cost-effectiveness of using various
  types of electronic monitoring equipment and funding proposals for
  costs to the department associated with the various types of
  equipment;
               (2)  the relative level of supervision provided by
  different types of electronic monitoring equipment; and
               (3)  the different rehabilitation and treatment
  options afforded by different types of electronic monitoring
  equipment.
         (b)  Not later than December 1, 2009, the Texas Department of
  Criminal Justice shall submit a report summarizing the findings of
  the study conducted under Subsection (a) of this section to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, and appropriate standing committees of the
  legislature.
         SECTION 50.  (a)  The Texas Department of Criminal Justice
  shall conduct a study regarding:
               (1)  the number of inmates confined in facilities
  operated by or under contract with the department who pose no
  significant risk of recidivism or danger to society due to the:
                     (A)  inmate's age or health;
                     (B)  nature of the crime committed by the inmate;
  or
                     (C)  reasonably successful rehabilitation of the
  inmate while incarcerated;
               (2)  alternatives to confining inmates described by
  Subdivision (1) of this subsection in a facility operated by or
  under contract with the department;
               (3)  to the extent permitted by federal law, the
  possibility of conducting a prisoner exchange with the United
  Mexican States or another foreign country in which foreign
  nationals in the custody of the department are exchanged for United
  States citizens incarcerated in another country; and
               (4)  measures that the department can take to assure
  that inmates sent to a foreign country under a prisoner exchange
  described by Subdivision (3) of this subsection will not be
  released early.
         (b)  The Texas Department of Criminal Justice shall submit a
  report to the members of the 81st Legislature regarding the results
  of the study conducted under Subsection (a) of this section.
         SECTION 51.  The change in law made by this Act to Subsection
  (a), Article 15.19, and Articles 15.20 and 15.21, Code of Criminal
  Procedure, apply only to a person who, on or after the effective
  date of this Act, is arrested under a warrant, regardless of the
  date on which the warrant under which the person is arrested was
  issued.
         SECTION 52.  The change in law made by this Act to Subsection
  (a), Section 8, Article 42.09, Code of Criminal Procedure, applies
  only to a defendant transferred to the Texas Department of Criminal
  Justice on or after the effective date of this Act.  A defendant
  transferred to the department before the effective date of this Act
  is covered by the law in effect when the defendant is transferred,
  and the former law is continued in effect for that purpose.
         SECTION 53.  Subsection (b), Section 5, Article 42.12, Code
  of Criminal Procedure, as amended by this Act, applies to a hearing
  conducted under that section on or after the effective date of this
  Act, regardless of when the adjudication of guilt was originally
  deferred or when the offense giving rise to the grant of deferred
  adjudication community supervision was committed.
         SECTION 54.  The change in law made by this Act in amending
  Subdivision (1), Subsection (a), Section 15, Article 42.12, Code of
  Criminal Procedure, applies only to a defendant placed on deferred
  adjudication community supervision for an offense committed on or
  after the effective date of this Act. A defendant placed on
  deferred adjudication for an offense committed before the effective
  date of this Act is covered 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 the effective date of this Act if any element of the offense
  was committed before that date.
         SECTION 55.  (a)  The speaker of the house of
  representatives and the lieutenant governor shall appoint members
  to the Criminal Justice Legislative Oversight Committee under
  Chapter 328, Government Code, as added by this Act, not later than
  January 1, 2008.
         (b)  Notwithstanding Section 328.003, Government Code, as
  added by this Act, the speaker of the house of representatives, not
  later than January 15, 2008, shall appoint a presiding officer for
  the committee. The presiding officer appointed by the speaker of
  the house of representatives under this section serves a one-year
  term that begins on February 1, 2008, and ends on February 1, 2009.
         SECTION 55A.  Section 493.0151, Government Code, as added by
  this Act, applies to an inmate discharged or released on parole or
  mandatory supervision from the Texas Department of Criminal Justice
  on or after the effective date of this Act, regardless of whether
  the offense for which the inmate is serving a sentence was committed
  before, on, or after the effective date of this Act.
         SECTION 56.  Sections 495.025 and 495.026, Government Code,
  as added by this Act, apply only to a contract that the Texas
  Department of Criminal Justice enters into on or after the
  effective date of this Act.  A contract that the department enters
  into before the effective date of this Act is governed by the law in
  effect at the time the contract is entered into, and that law is
  continued in effect for that purpose.
         SECTION 57.  Not later than March 1, 2008, the Texas
  Department of Criminal Justice shall establish the screening
  programs concerning fetal alcohol exposure under Sections 501.059
  and 507.028, Government Code, as added by this Act. Not later than
  September 1, 2008, the department shall begin screening all inmates
  or defendants confined in state jail felony facilities as required
  by those sections.
         SECTION 58.  The Texas Department of Criminal Justice shall
  ensure that information is made available to inmates as required by
  Section 501.064, Government Code, as added by this Act, not later
  than March 1, 2008.
         SECTION 59.  The Correctional Managed Health Care Committee
  shall ensure that information is made available to the public as
  required by Section 501.155, Government Code, as added by this Act,
  not later than January 1, 2008.
         SECTION 60.  Section 508.033, Government Code, as amended by
  this Act, applies only to a person hired by the Board of Pardons and
  Paroles as a parole commissioner on or after the effective date of
  this Act. A person hired as a parole commissioner before the
  effective date of this Act is covered by the law in effect on the
  date the person was hired, and the former law is continued in effect
  for that purpose.
         SECTION 61.  As soon as practicable after the effective date
  of this Act, but not later than the 30th day after that date, the
  executive director of the Texas Department of Criminal Justice
  shall adopt a salary career ladder for parole officers as required
  by Section 508.1131, Government Code, as added by this Act.
  Beginning the first day of the month following the date on which the
  executive director adopts the salary career ladder, each parole
  officer to whom the schedule applies and who received an overall
  evaluation of at least satisfactory in the officer's most recent
  annual evaluation is entitled to a salary in an amount that meets or
  exceeds the amount specified in the schedule for the officer's
  classification and years of service with the department.
         SECTION 62.  Subsection (b), Section 508.144, Government
  Code, as amended by this Act, applies only to a parole decision made
  on or after the effective date of this Act. A parole decision made
  before the effective date of this Act is covered by the law in
  effect on the date the decision was made, and the former law is
  continued in effect for that purpose.
         SECTION 63.  Not later than September 1, 2008, the Board of
  Pardons and Paroles shall hold its first annual meeting to review
  the parole guidelines as required by Subsection (d), Section
  508.144, Government Code, as added by this Act.
         SECTION 64.  Not later than December 1, 2008, the Board of
  Pardons and Paroles shall submit its first annual report on the
  parole guidelines as required by Section 508.1445, Government Code,
  as added by this Act.
         SECTION 65.  Subsection (c), Section 508.155, Government
  Code, as amended by this Act, applies to any person who is a
  releasee on or after the effective date of this Act and whose
  recommendation for release is approved under Section 508.1555,
  Government Code, as added by this Act, regardless of when the person
  was originally released to parole or mandatory supervision.
         SECTION 66.  Not later than September 1, 2008, each parole
  officer shall complete the officer's first annual identification of
  releasees under the officer's supervision who are eligible for
  early release from supervision, as required by Section 508.1555,
  Government Code, as added by this Act.
         SECTION 67.  If before implementing any provision of this
  Act a state agency determines that a waiver or authorization from a
  federal agency is necessary for the implementation of that
  provision, the agency affected by the provision shall request the
  waiver or authorization and may delay implementing that provision
  until the waiver or authorization is granted.
         SECTION 68.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2007.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 909 passed the Senate on
  April 26, 2007, by the following vote:  Yeas 31, Nays 0;
  May 25, 2007, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 26, 2007, House
  granted request of the Senate; May 27, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 909 passed the House, with
  amendments, on May 23, 2007, by the following vote:  Yeas 137,
  Nays 7, two present not voting; May 26, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 28, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 144, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor