S.B. No. 653

	AN ACT
	relating to abolishing the Texas Youth Commission and the Texas
	Juvenile Probation Commission and transferring the powers and
	duties of those agencies to the newly created Texas Juvenile
	Justice Department and to the functions of the independent
	ombudsman that serves the department.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  TEXAS JUVENILE JUSTICE DEPARTMENT; TEXAS YOUTH
	COMMISSION AND TEXAS JUVENILE PROBATION COMMISSION
	SECTION 1.001.  The Human Resources Code is amended by
	adding Title 12, and a heading is added to read as follows:
	TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES
	SECTION 1.002.  Title 12, Human Resources Code, as added by
	this Act, is amended by adding Subtitle A to read as follows:
	SUBTITLE A. TEXAS JUVENILE JUSTICE BOARD AND TEXAS JUVENILE
	JUSTICE DEPARTMENT
	CHAPTER 201. GENERAL PROVISIONS
	Sec. 201.001.  DEFINITIONS. (a)  In this title:
	(1)  "Board" means the Texas Juvenile Justice Board.
	(2)  "Child" means an individual:
	(A)  10 years of age or older and younger than 18
	years of age who is under the jurisdiction of a juvenile court; or
	(B)  10 years of age or older and younger than 19
	years of age who is committed to the department under Title 3,
	Family Code.
	(3)  "Court" means a juvenile court.
	(4)  "Department" means the Texas Juvenile Justice
	Department.
	(5)  "Executive director" means the executive director
	of the department.
	(6)  "Juvenile board" means a body established by law
	to provide juvenile probation services to a county.
	(7)  "State aid" means funds allocated by the
	department to a juvenile board to financially assist the juvenile
	board in achieving the purposes of this title and in conforming to
	the department's standards and policies.
	(a-1)  A reference to the department:
	(1)  in Subtitle B means the Texas Juvenile Probation
	Commission;
	(2)  in Subtitle C means the Texas Youth Commission;
	and
	(3)  in any law other than Subtitle B or C means the
	Texas Juvenile Probation Commission or the Texas Youth Commission,
	as applicable in context.
	(a-2)  This subsection and Subsection (a-1) expire December
	1, 2011.
	(b)  Effective December 1, 2011, a reference in other law to:
	(1)  the Texas Juvenile Probation Commission means the
	department; or
	(2)  the Texas Youth Commission means the department.
	Sec. 201.002.  PURPOSES AND INTERPRETATION. This title
	shall be construed to have the following public purposes:
	(1)  creating a unified state juvenile justice agency
	that works in partnership with local county governments, the
	courts, and communities to promote public safety by providing a
	full continuum of effective supports and services to youth from
	initial contact through termination of supervision; and
	(2)  creating a juvenile justice system that produces
	positive outcomes for youth, families, and communities by:
	(A)  assuring accountability, quality,
	consistency, and transparency through effective monitoring and the
	use of systemwide performance measures;
	(B)  promoting the use of program and service
	designs and interventions proven to be most effective in
	rehabilitating youth;
	(C)  prioritizing the use of community-based or
	family-based programs and services for youth over the placement or
	commitment of youth to a secure facility;
	(D)  operating the state facilities to
	effectively house and rehabilitate the youthful offenders that
	cannot be safely served in another setting; and
	(E)  protecting and enhancing the cooperative
	agreements between state and local county governments.
	Sec. 201.003.  GOALS. The goals of the department and all
	programs, facilities, and services that are operated, regulated, or
	funded by the department are to:
	(1)  support the development of a consistent
	county-based continuum of effective interventions, supports, and
	services for youth and families that reduce the need for
	out-of-home placement;
	(2)  increase reliance on alternatives to placement and
	commitment to secure state facilities, consistent with adequately
	addressing a youthful offender's treatment needs and protection of
	the public;
	(3)  locate the facilities as geographically close as
	possible to necessary workforce and other services while supporting
	the youths' connection to their families;
	(4)  encourage regional cooperation that enhances
	county collaboration;
	(5)  enhance the continuity of care throughout the
	juvenile justice system; and
	(6)  use secure facilities of a size that supports
	effective youth rehabilitation and public safety.
	Sec. 201.004.  INTERAGENCY AND INTERGOVERNMENTAL
	COOPERATION. (a)  To improve services to youth, the department may
	cooperate and contract with:
	(1)  the federal government;
	(2)  governmental agencies in this state and other
	states;
	(3)  political subdivisions of the state; and
	(4)  private agencies and foundations.
	(b)  The executive director, the commissioner of education,
	the commissioner of family and protective services, the
	commissioner of state health services, the executive commissioner
	of health and human services, and the chair of the workforce
	commission, or their designees, shall meet at least annually to:
	(1)  discuss mutual issues relating to at-risk youth
	and youthful offenders, and community support systems for families
	and youth;
	(2)  resolve conflicts in providing services to youth;
	and
	(3)  make recommendations to the governor and
	legislature.
	CHAPTER 201A. TEMPORARY PROVISIONS
	SUBCHAPTER A.  TRANSITION TEAM
	Sec. 201A.001.  COMPOSITION OF TRANSITION TEAM; PRESIDING
	OFFICER. (a)  The juvenile justice services and facilities
	transition team is composed of the following seven members:
	(1)  a representative of the Texas Juvenile Probation
	Commission, appointed by the board of the Texas Juvenile Probation
	Commission;
	(2)  a representative of the Texas Youth Commission,
	appointed by the board of the Texas Youth Commission;
	(3)  a representative of the governor;
	(4)  a representative of the lieutenant governor,
	chosen from a list submitted to the governor by the lieutenant
	governor;
	(5)  a representative of the speaker of the house of
	representatives, chosen from a list submitted to the governor by
	the speaker;
	(6)  one member who represents the interests of:
	(A)  youthful offenders or the families of
	youthful offenders;
	(B)  an organization that advocates on behalf of
	youthful offenders or the families of youthful offenders; or
	(C)  an organization that advocates on behalf of
	the victims of delinquent or criminal conduct; and
	(7)  one member with experience in organizational
	mergers.
	(b)  The governor shall appoint the members of the transition
	team listed in Subsections (a)(3)-(7).
	(c)  The members of the transition team shall be appointed as
	provided by Subsections (a) and (b) as soon as possible after
	September 1, 2011, and not later than October 1, 2011.
	(d)  The transition team member who is appointed under
	Subsection (a)(3) serves as the presiding officer of the transition
	team.
	(e)  The transition team members appointed under Subsections
	(a)(1) and (2) remain on the transition team after November 30,
	2011, regardless of the abolition of the agencies named in those
	subdivisions.
	(f)  A member of the transition team is not a state officer
	for the purposes of Subchapter B, Chapter 572, Government Code,
	solely because of the member's service on the transition team.
	Sec. 201A.002.  POWERS AND DUTIES. (a)  After September 1,
	2011, and before December 1, 2011, the transition team shall
	coordinate and oversee the transition of services and facilities
	from the Texas Juvenile Probation Commission and the Texas Youth
	Commission to the Texas Juvenile Justice Department.
	(b)  After November 30, 2011, and before March 1, 2012, the
	transition team shall:
	(1)  assist the Texas Juvenile Justice Department and
	advise the Texas Juvenile Justice Board in implementing the
	transition of services and facilities from the Texas Juvenile
	Probation Commission and the Texas Youth Commission to the Texas
	Juvenile Justice Department; and
	(2)  prepare and submit to the Texas Juvenile Justice
	Department a transition plan that:
	(A)  shall include short-term, medium-term, and
	long-term transition goals for the department; and
	(B)  may include benchmarks and timelines for
	completion of certain transition-related tasks, as appropriate.
	Sec. 201A.003.  ASSISTANCE. The following state agencies
	shall, on request, assist the transition team with the following
	matters:
	(1)  the Legislative Budget Board and the budget,
	planning, and policy division of the governor's office, with
	preparation of a suggested budget for the department;
	(2)  the Department of Information Resources, with the
	technological needs of the department;
	(3)  the office of the attorney general, with legal
	matters concerning the transition of services and facilities from
	the Texas Juvenile Probation Commission and the Texas Youth
	Commission to the Texas Juvenile Justice Department;
	(4)  the comptroller of public accounts, with suggested
	accounting practices for the department; and
	(5)  the Texas Facilities Commission, with assistance
	in efficiently using the office space in which the administrative
	offices of the Texas Juvenile Probation Commission and the Texas
	Youth Commission are located and, if necessary, locating additional
	office space for the administrative offices of the department.
	[Sections 201A.004-201A.050 reserved for expansion]
	SUBCHAPTER B.  EXPIRATION
	Sec. 201A.051.  EXPIRATION. This chapter expires March 31,
	2012.
	CHAPTER 202. ADMINISTRATIVE PROVISIONS
	Sec. 202.001.  COMPOSITION OF BOARD; PRESIDING OFFICER.
	(a)  The board is composed of the following 13 members appointed by
	the governor with the advice and consent of the senate:
	(1)  one member who is a district court judge of a court
	designated as a juvenile court;
	(2)  three members who are members of a county
	commissioners court;
	(3)  one prosecutor in juvenile court;
	(4)  one chief juvenile probation officer of a juvenile
	probation department serving a county with a population that
	includes fewer than 7,500 persons younger than 18 years of age;
	(5)  one chief juvenile probation officer of a juvenile
	probation department serving a county with a population that
	includes at least 7,500 but fewer than 80,000 persons younger than
	18 years of age;
	(6)  one chief juvenile probation officer of a juvenile
	probation department serving a county with a population that
	includes 80,000 or more persons younger than 18 years of age;
	(7)  one adolescent mental health treatment
	professional licensed under Subtitle B or I, Title 3, Occupations
	Code;
	(8)  one educator, as that term is defined by Section
	5.001, Education Code; and
	(9)  three members of the general public.
	(b)  Members serve staggered six-year terms, with the terms
	of four or five members expiring on February 1 of each odd-numbered
	year.
	(c)  The governor shall designate a member of the board as
	the presiding officer of the board to serve in that capacity at the
	pleasure of the governor.
	(d)  The governor shall make appointments to the board
	without regard to the race, color, disability, sex, religion, age,
	or national origin of the appointees.
	(e)  A member appointed under Subsections (a)(1)-(6) may not
	hold office in the same county or judicial district as another
	member appointed under those subsections.
	Sec. 202.002.  RESTRICTIONS ON BOARD MEMBERSHIP AND
	DEPARTMENT EMPLOYMENT.  (a)  A person may not be a public member of
	the board if the person or the person's spouse:
	(1)  is employed in the field of criminal or juvenile
	justice;
	(2)  is employed by or participates in the management
	of a business entity or other organization regulated by or
	receiving money from the department;
	(3)  owns or controls, directly or indirectly, more
	than a 10 percent interest in a business entity or other
	organization regulated by or receiving money from the department;
	or
	(4)  uses or receives a substantial amount of tangible
	goods, services, or money from the department, other than
	compensation or reimbursement authorized by law for board
	membership, attendance, or expenses.
	(b)  A person may not be a board member and may not be a
	department employee 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.), if:
	(1)  the person is an officer, employee, or paid
	consultant of a Texas trade association in the field of criminal or
	juvenile justice; or
	(2)  the person's spouse is an officer, manager, or paid
	consultant of a Texas trade association in the field of criminal or
	juvenile justice.
	(c)  A person may not be a board member or act as the general
	counsel to the board or the department if the person is required to
	register as a lobbyist under Chapter 305, Government Code, because
	of the person's activities for compensation on behalf of a
	profession related to the operation of the department.
	(d)  In this section, "Texas trade association" means a
	cooperative and voluntarily joined statewide 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. 202.003.  PROVISIONS APPLICABLE TO JUDICIAL MEMBERS.
	(a)  A judge's place on the board becomes vacant when the judge
	ceases to hold a judicial office.
	(b)  A judge's service on the board is an additional duty of
	office.
	(c)  At the time of appointment to the board, a judge must be
	a judge of:
	(1)  a court designated as a juvenile court; or
	(2)  a court that is one of several courts that rotate
	being the juvenile court.
	Sec. 202.004.  REMOVAL OF BOARD MEMBERS. (a)  It is a ground
	for removal from the board if a member:
	(1)  does not have at the time of taking office the
	qualifications required by Sections 202.001 and 202.003;
	(2)  does not maintain during service on the board the
	qualifications required by Sections 202.001 and 202.003;
	(3)  is ineligible for membership under Section
	202.002;
	(4)  cannot, because of illness or disability,
	discharge the member's duties for a substantial part of the term; or
	(5)  is absent from more than half of the regularly
	scheduled board meetings that the member is eligible to attend
	during a calendar year unless the absence is excused by majority
	vote of the board.
	(b)  The validity of an action of the board is not affected by
	the fact that the action is taken when a ground for removal of a
	board member exists.
	(c)  If the executive director has knowledge that a potential
	ground for removal exists, the executive director shall notify the
	presiding officer of the board of the potential ground. The
	presiding officer shall then notify the governor and the attorney
	general that a potential ground for removal exists. If the
	potential ground for removal involves the presiding officer, the
	executive director shall notify the next highest ranking officer of
	the board, who shall then notify the governor and the attorney
	general that a potential ground for removal exists.
	Sec. 202.005.  BOARD MEMBER RECUSAL. (a)  A chief juvenile
	probation officer who is a board member shall avoid the appearance
	of a conflict of interest by not voting or participating in any
	decision by the board that solely benefits or penalizes or
	otherwise solely impacts the juvenile probation department over
	which the chief juvenile probation officer has authority.  The
	chief juvenile probation officer may not vote or render any
	decisions regarding matters of abuse and neglect presented to the
	board regarding the chief juvenile probation officer's department.
	(b)  The board may adopt recusal requirements in addition to
	those described by Subsection (a), including requirements that are
	more restrictive than those described by Subsection (a).
	Sec. 202.006.  TRAINING FOR BOARD MEMBERS. (a)  A person
	who is appointed to and qualifies for office as a member of the
	board may not vote, deliberate, or be counted as a member in
	attendance at a meeting of the board until the person completes a
	training program that complies with this section.
	(b)  The training program must provide the person with
	information regarding:
	(1)  the legislation that created the department;
	(2)  the programs, functions, rules, and budget of the
	department;
	(3)  the results of the most recent formal audit of the
	department;
	(4)  the requirements of laws relating to open
	meetings, public information, administrative procedure, and
	conflicts of interest; and
	(5)  any applicable ethics policies adopted by the
	department or the Texas Ethics Commission.
	(c)  A person appointed to the board is entitled to
	reimbursement, as provided by the General Appropriations Act, for
	the travel expenses incurred in attending the training program
	regardless of whether the attendance at the program occurs before
	or after the person qualifies for office.
	Sec. 202.007.  REIMBURSEMENT. A board member is not
	entitled to compensation for service on the board but is entitled to
	reimbursement for actual and necessary expenses incurred in
	performing official duties as a board member.
	Sec. 202.008.  MEETINGS; PUBLIC PARTICIPATION.  (a)  The
	board shall hold regular quarterly meetings on dates set by the
	board and special meetings at the call of the presiding officer.
	(b)  The board shall adopt rules regulating the board's
	proceedings.
	(c)  The board shall keep a public record of the board's
	decisions at the board's general office.
	(d)  The board shall 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
	department.
	Sec. 202.009.  AUDIT; AUTHORITY OF STATE AUDITOR.  (a)  The
	department is 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 Subchapter C, Chapter 242, 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 title 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 department, including
	any witness statement or electronic data, that the state auditor
	considers necessary for the audit, investigation, or review.
	Sec. 202.010.  SUNSET PROVISION.  The Texas Juvenile Justice
	Board and the Texas Juvenile Justice Department are subject to
	Chapter 325, Government Code (Texas Sunset Act).  Unless continued
	in existence as provided by that chapter, the board and the
	department are abolished September 1, 2017.
	CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT
	Sec. 203.001.  CONTROL OVER DEPARTMENT; DEPARTMENT MISSION.
	(a)  The board is the governing body of the department and is
	responsible for the operations of the department.
	(b)  The board shall develop and implement policies that
	clearly separate the policymaking responsibilities of the board and
	the management responsibilities of the executive director and the
	staff of the department.
	(c)  The board shall establish the mission of the department
	with the goal of establishing a cost-effective continuum of youth
	services that emphasizes keeping youth in their home communities
	while balancing the interests of rehabilitative needs with public
	safety.  The board shall establish funding priorities for services
	that support this mission and that do not provide incentives to
	incarcerate youth.
	Sec. 203.002.  EXECUTIVE DIRECTOR. The board shall:
	(1)  employ an executive director to administer the
	department; and
	(2)  supervise the director's administration of the
	department.
	Sec. 203.003.  ACCESSIBILITY TO PROGRAMS AND FACILITIES.
	(a)  The department shall comply with federal and state laws
	related to program and facility accessibility.
	(b)  The board shall prepare and maintain a written plan that
	describes how a person who does not speak English can be provided
	reasonable access to the department's programs and services.
	Sec. 203.004.  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, Government Code, for the adoption of department rules; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, 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 department shall:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  provide training as needed to implement the
	procedures for negotiated rulemaking or alternative dispute
	resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures.
	Sec. 203.005.  GIFTS AND GRANTS.  (a)  The department may
	apply for and accept gifts and grants from any public or private
	source.
	(b)  The department shall deposit money received under this
	section in the state treasury. The department may use the money for
	the purpose of funding any activity under this title.
	Sec. 203.006.  MEDICAID BENEFITS.  The department shall:
	(1)  identify areas in which federal Medicaid program
	benefits could be used in a manner that is cost-effective for
	juveniles in the juvenile justice system;
	(2)  develop a program to encourage application for and
	receipt of Medicaid benefits;
	(3)  provide technical assistance to counties relating
	to eligibility for Medicaid benefits; and
	(4)  monitor the extent to which counties make use of
	Medicaid benefits.
	Sec. 203.0065.  PREVENTION AND INTERVENTION SERVICES.
	(a)  In this section, "prevention and intervention services" means
	programs and services intended to prevent or intervene in at-risk
	behaviors that lead to delinquency, truancy, dropping out of
	school, or referral to the juvenile justice system.
	(b)  The department shall provide prevention and
	intervention services for:
	(1)  at-risk youth who are six years of age or older and
	younger than 18 years of age and who are:
	(A)  subject to compulsory school attendance
	under the Education Code; or
	(B)  under the jurisdiction of the juvenile court;
	and
	(2)  the family of an at-risk youth described by
	Subdivision (1).
	(c)  The prevention and intervention services provided under
	Subsection (b) must:
	(1)  consolidate prevention and intervention services
	within the department to avoid fragmentation and duplication of
	programs and services; and
	(2)  increase accountability for the delivery and
	administration of the programs and services.
	(d)  The department shall, to the extent funds are available:
	(1)  plan, develop, and administer a comprehensive and
	unified statewide delivery system of the prevention and
	intervention services to at-risk youth and their families;
	(2)  improve the efficiency and responsiveness of
	prevention and intervention services by facilitating greater
	coordination and flexibility in the use of funds by state and local
	service providers;
	(3)  ensure program effectiveness by funding
	evidence-based or research-based programs;
	(4)  provide accountability for the provision of
	services in order to demonstrate the impact or public benefit of a
	program by adopting outcomes measures;
	(5)  assist local communities in the coordination and
	development of prevention and intervention services in order to
	maximize access to federal, state, and local resources; and
	(6)  provide funding for prevention and intervention
	services through a competitive process to entities, including
	private service providers, local juvenile boards, municipal and
	justice courts, schools, and non-profit organizations.
	(e)  The department may seek, through a competitive process,
	an independent services provider with demonstrated experience in
	administration of similar statewide projects in Texas to
	effectively and efficiently provide prevention and intervention
	services and implement the duties under Subsection (d).
	(f)  The department shall periodically evaluate the
	continued effectiveness of prevention and intervention services
	provided under this section.
	Sec. 203.007.  STUDIES; STATISTICAL RECORDS.  (a)  The
	department may conduct or participate in studies relating to
	corrections methods and systems and to treatment and therapy
	programs at the governor's request or on the department's own
	initiative.
	(b)  The department shall continuously study the problem of
	juvenile delinquency in this state and the effectiveness of
	services provided or regulated by the department under Subtitle B
	or C and shall report the department's findings to the governor and
	the legislature before each regular legislative session.
	(c)  The department shall keep records relating to juveniles
	within the juvenile justice system that participate in research
	programs or studies.
	(d)  The records must show, for each calendar quarter and for
	each calendar year:
	(1)  the number of juveniles participating in research
	programs or studies for the appropriate reporting period;
	(2)  the type of research program or study in which each
	juvenile is participating;
	(3)  the name of the principal investigator conducting
	the research program or study; and
	(4)  the entity sponsoring the research program or
	study.
	(e)  The department shall submit a report that contains the
	information in the records kept under Subsection (d) on or before
	the 15th day after the last day of the appropriate reporting period
	to the:
	(1)  governor;
	(2)  lieutenant governor;
	(3)  speaker of the house of representatives; and
	(4)  members of the senate and house of
	representatives.
	(f)  A report submitted under this section is public
	information under Chapter 552, Government Code.
	Sec. 203.008.  AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH,
	RECEIVE EVIDENCE, AND GATHER INFORMATION. (a)  In this section,
	"evidence" means any record, book, paper, document, data, or other
	evidence maintained by electronic or other means.
	(b)  The department may issue a subpoena requiring the
	attendance of a witness or the production of evidence that the
	department considers necessary for the investigation of:
	(1)  abuse, neglect, or exploitation allegations;
	(2)  complaints;
	(3)  financial and programmatic audits of juvenile
	probation programs, services, and facilities, including juvenile
	justice alternative education programs; or
	(4)  any other matter under the authority of the
	department, including a determination of treatment under Section
	244.005.
	(c)  The department may issue a subpoena under Subsection (b)
	only if the subpoena is signed by:
	(1)  the presiding officer of the board or, if the
	presiding officer is unavailable, the presiding officer's
	designee; and
	(2)  at least two other members of the board, including
	a board member who is a judge.
	(d)  A hearings examiner appointed by the department may
	issue a subpoena requiring the attendance of a witness or the
	production of any record, book, paper, or document the hearings
	examiner considers necessary for a determination of treatment under
	Section 244.005.  The hearings examiner may sign a subpoena.
	(e)  Any peace officer, department investigator, other
	department official, or person authorized under Article 24.01, Code
	of Criminal Procedure, may serve the subpoena in the same manner
	that similar process in a court of record having original
	jurisdiction of criminal actions is served.
	(f)  A subpoena under this section shall be served and
	witness fees and mileage paid as in civil cases in the district
	court in the county to which the witness is called, unless the
	proceeding for which the service or payment is made is under Chapter
	2001, Government Code, in which case the service or payment shall be
	made as provided in that chapter.  Witnesses subpoenaed at the
	instance of the department shall be paid their fees and mileage by
	the department out of funds appropriated for that purpose.
	(g)  On application of the department, a court of record
	having original jurisdiction of criminal actions may compel the
	attendance of a witness, the production of material, or the giving
	of testimony before the department, by an attachment for contempt
	or in the same manner as the court may otherwise compel the
	production of evidence.
	(h)  The presiding officer or a member of the board may
	administer an oath to a witness in attendance before the department
	or before an authorized representative of the department.
	(i)  If a witness in attendance before the department or
	before an authorized representative refuses without reasonable
	cause to be examined or answer a legal or pertinent question, or to
	produce evidence when ordered by the department, the department may
	apply to the district court for a rule or order returnable in not
	less than two or in more than five days, directing the witness to
	show cause before the judge why the witness should not be punished
	for contempt.  The department may apply to the district court of any
	county where the witness is in attendance, on proof by affidavit of
	the fact, unless the order of contempt is sought under Chapter 2001,
	Government Code, in which case the department shall apply to a
	district court of Travis County, as provided by that chapter.  On
	return of the order, the judge hearing the matter shall examine the
	witness under oath and the witness shall be given an opportunity to
	be heard.  If the judge determines that the witness has refused,
	without reasonable cause or legal excuse, to be examined or answer a
	legal or pertinent question, or to produce evidence that the
	witness was ordered to bring or produce, the judge may immediately
	find the witness in contempt of court.
	(j)  The department shall be granted access at any reasonable
	time to any evidence that is related to any matter the department or
	executive director considers necessary to administer the
	department's functions, powers, and duties.
	Sec. 203.0081.  ADVISORY COUNCIL ON JUVENILE SERVICES.
	(a)  The advisory council on juvenile services consists of:
	(1)  the executive director of the department or the
	executive director's designee;
	(2)  the director of probation services of the
	department or the director's designee;
	(3)  the executive commissioner of the Health and Human
	Services Commission or the commissioner's designee;
	(4)  one representative of the county commissioners
	courts appointed by the board;
	(5)  two juvenile court judges appointed by the board;
	and
	(6)  seven chief juvenile probation officers appointed
	by the board as provided by Subsection (b).
	(b)  The board shall appoint to the advisory council one
	chief juvenile probation officer from each regional chiefs
	association in this state from a list of nominees submitted to the
	board by each regional chiefs association. To the greatest extent
	practicable, a regional chiefs association shall include in its
	list of nominees:
	(1)  one chief juvenile probation officer of a juvenile
	probation department serving a county with a population that
	includes fewer than 7,500 persons younger than 18 years of age;
	(2)  one chief juvenile probation officer of a juvenile
	probation department serving a county with a population that
	includes at least 7,500 but fewer than 80,000 persons younger than
	18 years of age; and
	(3)  one chief juvenile probation officer of a juvenile
	probation department serving a county with a population that
	includes 80,000 or more persons younger than 18 years of age.
	(c)  Advisory council members, other than ex officio
	members, serve staggered two-year terms, with the terms of one-half
	of the members, as nearly as practicable, expiring on February 1 of
	each year.
	(d)  The advisory council shall report to the board any
	determinations made under Subsection (e).
	(e)  The advisory council shall assist the department in:
	(1)  determining the needs and problems of county
	juvenile boards and probation departments;
	(2)  conducting long-range strategic planning;
	(3)  reviewing and proposing revisions to existing or
	newly proposed standards affecting juvenile probation programs,
	services, or facilities;
	(4)  analyzing the potential cost impact on juvenile
	probation departments of new standards proposed by the board; and
	(5)  advising the board on any other matter on the
	request of the board.
	(f)  The advisory council is not subject to Chapter 2110,
	Government Code.
	Sec. 203.0082.  FEES. If the General Appropriations Act
	does not specify the amount of the fee, the board by rule may
	establish fees that:
	(1)  are reasonable and necessary;
	(2)  produce revenue sufficient for the administration
	of this chapter; and
	(3)  do not produce unnecessary revenue.
	Sec. 203.009.  PUBLIC INTEREST INFORMATION.  The department
	shall prepare information of public interest describing the
	functions of the department and describing the procedures by which
	complaints are filed with and resolved by the department. The
	department shall make the information available to the public and
	appropriate state agencies.
	Sec. 203.010.  COMPLAINTS. (a)  The department shall
	maintain a system to promptly and efficiently act on complaints
	received by the department by or on behalf of a juvenile relating to
	the programs, services, or facilities of the department or a local
	juvenile probation department.
	(b)  The department shall make information available
	describing its procedures for complaint investigation and
	resolution.
	(c)  Criminal complaints initially referred to the office of
	the inspector general relating to juvenile probation programs,
	services, or facilities shall be sent to the appropriate local law
	enforcement agency.  Any other complaint shall be referred to the
	appropriate division of the department.  The board by rule shall
	establish policies for the referral of noncriminal complaints.
	(d)  The department shall provide immediate notice to a local
	juvenile probation department of a complaint received by the
	department relating to the programs, services, or facilities of the
	local juvenile probation department.
	(e)  The department shall periodically notify the complaint
	parties of the status of the complaint until final disposition,
	unless the notice would jeopardize an undercover investigation.  If
	the complaint relates to a claim of abuse, neglect, or exploitation
	involving a local juvenile probation department, the department
	shall provide monthly updates on the status of the complaint and
	immediate updates regarding department decisions to the local
	juvenile probation department.
	(f)  The department shall keep information about each
	written complaint filed with the department.  The information must
	include:
	(1)  the subject matter of the complaint;
	(2)  the parties to the complaint;
	(3)  a summary of the results of the review or
	investigation of the complaint;
	(4)  the period of time between the date the complaint
	is received and the date the complaint is closed; and
	(5)  the disposition of the complaint.
	Sec. 203.0105.  DATA.  Any data compiled by a local juvenile
	probation department related to abuse, neglect, or exploitation of
	youth, or to complaints regarding juvenile probation programs, that
	is required by this chapter or by any rule to be reported to the
	department or local juvenile probation board shall be provided to
	the office of the independent ombudsman.
	Sec. 203.011.  APPEALS FROM DECISION OF EXECUTIVE DIRECTOR.
	A juvenile probation department that is aggrieved by a decision of
	the executive director, including a decision relating to standards
	affecting juvenile probation programs, services, or facilities,
	may appeal the executive director's decision to the board.  The
	decision of the board is final and cannot be appealed.
	Sec. 203.012.  ANNUAL FINANCIAL REPORT.  The department
	shall prepare annually a complete and detailed written report
	accounting for all funds received and disbursed by the department
	during the preceding fiscal year. The annual report must meet the
	reporting requirements applicable to financial reporting provided
	in the General Appropriations Act.
	Sec. 203.013.  INTERNAL AUDIT; REPORT.  (a)  The department
	shall regularly conduct internal audits of the department,
	including audits of:
	(1)   facilities operated by and under contract with
	the department; and
	(2)  medical services provided to children in the
	custody of the department.
	(b)  The department 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. 203.014.  TOLL-FREE NUMBER.  (a)  The department 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 department or housed
	in a local probation facility.
	(b)  The department shall ensure that:
	(1)  the toll-free number is prominently displayed in
	each department facility and each local probation facility;
	(2)  children in the custody of the department or
	housed in a local probation facility and employees of the
	department and the facility have confidential access to telephones
	for the purpose of calling the toll-free number; and
	(3)  the toll-free number is in operation and answered
	by staff 24 hours a day, every day of the year.
	(c)  The department shall share the complaints received on
	the toll-free number with the office of inspector general and the
	office of the independent ombudsman.
	Sec. 203.015.  PROGRAMS AND SERVICES EVALUATION SYSTEM. The
	department shall establish and implement a system to evaluate the
	effectiveness of county and state programs and services for youth.
	SECTION 1.003.  Title 12, Human Resources Code, as added by
	this Act, is amended by adding Subtitle B, and a heading is added to
	read as follows:
	SUBTITLE B. PROBATION SERVICES; PROBATION FACILITIES
	SECTION 1.004.  Subchapters C, D, and E, Chapter 141, Human
	Resources Code, are transferred to Subtitle B, Title 12, Human
	Resources Code, as added by this Act, redesignated as Chapters 221,
	222, and 223, respectively, and amended to read as follows:
	CHAPTER 221.  ASSISTANCE TO COUNTIES AND REGULATION OF JUVENILE
	BOARDS AND JUVENILE PROBATION DEPARTMENTS
	SUBCHAPTER A.  GENERAL PROVISIONS [SUBCHAPTER C. POWERS AND
	DUTIES OF COMMISSION]
	Sec. 221.001 [141.041].  PROVISION OF PROBATION AND
	DETENTION SERVICES. (a)  The department [commission] shall assist
	counties in providing probation and juvenile detention services by
	encouraging the continued operation of county and multi-county
	juvenile boards or probation offices.
	(b)  If a county discontinues the provision of juvenile
	probation services, the department [commission] may directly
	provide probation or detention services in the county.
	Sec. 221.002 [141.042].  GENERAL RULES GOVERNING JUVENILE
	BOARDS, PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
	FACILITIES. (a)  The board [commission] shall adopt reasonable
	rules that provide:
	(1)  minimum standards for personnel, staffing, case
	loads, programs, facilities, record keeping, equipment, and other
	aspects of the operation of a juvenile board that are necessary to
	provide adequate and effective probation services;
	(2)  a code of ethics for probation and detention
	officers and for the enforcement of that code;
	(3)  appropriate educational, preservice and
	in-service training, and certification standards for probation and
	detention officers or court-supervised community-based program
	personnel;
	(4)  subject to Subsection (d), minimum standards for
	public and private juvenile pre-adjudication secure detention
	facilities, public juvenile post-adjudication secure correctional
	facilities that are operated under the authority of a juvenile
	board or governmental unit, private juvenile post-adjudication
	secure correctional facilities operated under a contract with a
	governmental unit, except those facilities exempt from
	certification by Section 42.052(g), and nonsecure correctional
	facilities operated by or under contract with a governmental unit;
	and
	(5)  minimum standards for juvenile justice
	alternative education programs created under Section 37.011,
	Education Code, in collaboration and conjunction with the Texas
	Education Agency, or its designee.
	(b)  In adopting the rules, the board [commission] shall
	consider local information and evidence gathered through public
	review and comment.
	(c)  The department [commission] shall operate a statewide
	registry for all public and private juvenile pre-adjudication
	secure detention facilities and all public and private juvenile
	post-adjudication secure correctional facilities [except a
	facility operated or certified by the Texas Youth Commission].
	(d)  In adopting rules under Subsection (a)(4), the board
	[commission] shall ensure that the minimum standards for facilities
	described by Subsection (a)(4) are designed to ensure that
	juveniles confined in those facilities are provided the rights,
	benefits, responsibilities, and privileges to which a juvenile is
	entitled under the United States Constitution, federal law, and the
	constitution and laws of this state.  The minimum standards must
	include a humane physical and psychological environment, safe
	conditions of confinement, protection from harm, adequate
	rehabilitation and education, adequate medical and mental health
	treatment, and due process of law.
	(e)  A juvenile board that does not accept state aid funding
	from the department under Section 223.001 shall report to the
	department each month on a form provided by the department the same
	data as that required of counties accepting state aid funding
	regarding juvenile justice activities under the jurisdiction of the
	juvenile board.  If the department makes available free software to
	a juvenile board for the automation and tracking of juveniles under
	the jurisdiction of the juvenile board, the department may require
	the monthly report to be provided in an electronic format adopted by
	rule by the board.
	Sec. 221.003.  RULES CONCERNING MENTAL HEALTH SCREENING
	INSTRUMENT AND RISK AND NEEDS ASSESSMENT INSTRUMENT; ADMISSIBILITY
	OF STATEMENTS.  (a)  The board by rule shall require juvenile [(e)
	Juvenile] probation departments to [shall] use the mental health
	screening instrument selected by the department [commission] for
	the initial screening of children under the jurisdiction of
	probation departments who have been formally referred to a juvenile
	probation [the] department.  The department [commission] shall give
	priority to training in the use of this instrument in any preservice
	or in-service training that the department [commission] provides
	for probation officers.  The rules adopted by the board under this
	section must allow a [A] clinical assessment by a licensed mental
	health professional to [may] be substituted for the mental health
	screening instrument selected by the department [commission] if the
	clinical assessment is performed in the time prescribed by the
	department [commission].
	(b) [(f)]  A juvenile probation department must, before the
	disposition of a child's case and using a validated risk and needs
	assessment instrument or process provided or approved by the
	department [commission], complete a risk and needs assessment for
	each child under the jurisdiction of the juvenile probation
	department.
	(c) [(g)]  Any statement made by a child and any mental
	health data obtained from the child during the administration of
	the mental health screening instrument or the initial risk and
	needs assessment instruments under this section is not admissible
	against the child at any other hearing. The person administering
	the mental health screening instrument or initial risk and needs
	assessment instruments shall inform the child that any statement
	made by the child and any mental health data obtained from the child
	during the administration of the instrument is not admissible
	against the child at any other hearing.
	(d) [(h)     A juvenile board that does not accept state aid
	funding from the commission under Section 141.081 shall report to
	the commission each month on a form provided by the commission the
	same data as that required of counties accepting state aid funding
	regarding juvenile justice activities under the jurisdiction of the
	juvenile board.   If the commission makes available free software to
	the juvenile board for the automation and tracking of juveniles
	under the jurisdiction of the juvenile board, the commission may
	require the monthly report to be provided in an electronic format
	adopted by the commission.
	[(i)]  A juvenile probation department shall report data
	from the use of the screening instrument or clinical assessment
	under Subsection (a) [(e)] and the risk and needs assessment under
	Subsection (b) [(f)] to the department [commission] in the format
	and at the time prescribed by the department [commission].
	(e) [(j)]  The board [commission] shall adopt rules to
	ensure that youth in the juvenile justice system are assessed using
	the screening instrument or clinical assessment under Subsection
	(a) [(e)] and the risk and needs assessment under Subsection (b)
	[(f)].
	Sec. 221.004 [141.0421].  STANDARDS RELATING TO LOCAL
	PROBATION DEPARTMENTS. (a)  The board [commission] shall adopt
	rules that provide:
	(1)  standards for the collection and reporting of
	information about juvenile offenders by local probation
	departments;
	(2)  performance measures to determine the
	effectiveness of probation services provided by local probation
	departments; and
	(3)  case management standards for all probation
	services provided by local probation departments.
	(b)  The department [commission] shall monitor local
	probation departments for compliance with the standards and
	measures that the board [commission] adopts.
	(c)  The department [commission] shall provide technical
	assistance to local probation departments to aid compliance with
	the standards and measures that the board [commission] adopts.
	Sec. 221.005 [141.043].  TRAINING AND ASSISTANCE TO LOCAL
	AUTHORITIES. (a)  The department [commission] shall provide
	educational training and technical assistance to counties,
	juvenile boards, and probation offices to:
	(1)  promote compliance with the standards required
	under this chapter; and
	(2)  assist the local authorities in improving the
	operation of probation, parole, and detention services.
	(b)  The department shall encourage compliance with
	educational service standards and rights prescribed by state or
	federal law by:
	(1)  facilitating interagency coordination and
	collaboration among juvenile probation departments, school
	districts, and the Texas Education Agency; and
	(2)  developing and supporting a plan to ensure
	continuity of educational services to juvenile offenders,
	including special educational services for juveniles with
	disabilities.
	Sec. 221.006 [141.0431].  VIOLENCE PREVENTION AND CONFLICT
	RESOLUTION TRAINING.  The department [commission] shall:
	(1)  provide training on request to juvenile probation
	departments and juvenile boards in violence prevention and conflict
	resolution programs that include discussion of domestic violence
	and child abuse issues; and
	(2)  encourage the inclusion of a violence prevention
	and conflict resolution program as a condition of probation.
	Sec. 221.007 [141.044].  JUVENILE BOARD RECORDS AND
	REPORTS. Each juvenile board in the state shall:
	(1)  keep the financial, programmatic, and statistical
	records the department [commission] considers necessary; and
	(2)  submit periodic financial, programmatic, and
	statistical reports to the department [commission] as required by
	the department [commission] and in the format specified by the
	department [commission], including electronic submission.
	Sec. 221.0071.  CHARTER SCHOOL. (a)  Notwithstanding any
	other law and in addition to the number of charters allowed under
	Subchapter D, Chapter 12, Education Code, the State Board of
	Education may grant a charter on the application of a detention,
	correctional, or residential facility established only for
	juvenile offenders under Section 51.12, 51.125, or 51.126, Family
	Code.
	(b)  If a local detention, correctional, or residential
	facility described by Subsection (a) applies for a charter, the
	facility must provide all educational opportunities and services,
	including special education instruction and related services, that
	a school district is required under state or federal law to provide
	for students residing in the district through a charter school
	operated in accordance with and subject to Subchapter D, Chapter
	12, Education Code.
	[Sec.   141.045.     GIFTS AND GRANTS. (a)     The commission may
	apply for and accept gifts and grants from any public or private
	source to use in maintaining and improving probation services in
	the state.
	[(b)     The commission shall deposit money received under this
	section in the state treasury.   The commission may use the money
	only to make payments of state aid under this chapter and to
	administer this chapter.]
	Sec. 221.008 [141.046].  INSPECTIONS AND AUDITS. (a)  The
	department [commission] may inspect and evaluate a juvenile board
	and probation department and audit the juvenile board's [its]
	financial, programmatic, and statistical records at reasonable
	times to determine compliance with the board's [commission's]
	rules.
	(b)  The department [commission] may inspect any program or
	facility operated on behalf of and under the authority of the
	juvenile board by the probation department, a governmental entity,
	or private vendor.
	[Sec.   141.0461.     AUTHORITY TO ISSUE SUBPOENA, ADMINISTER
	OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (a)     In this
	section, "evidence" means any record, book, paper, document, data,
	or other evidence maintained by electronic or other means.
	[(b)     The commission may issue a subpoena requiring the
	attendance of a witness or the production of evidence that the
	commission considers necessary for the investigation of:
	[(1)  abuse, neglect, or exploitation allegations;
	[(2)  complaints;
	[(3)     financial and programmatic audits of juvenile
	probation programs services and facilities, including juvenile
	justice alternative education programs; or
	[(4)  any matter under the authority of the commission.
	[(c)     The commission may issue a subpoena under Subsection
	(b) only if the subpoena is signed by:
	[(1)     the chairman of the commission or, if the
	chairman is unavailable, the vice-chairman of the commission; and
	[(2)     at least two other members of the commission,
	including a member who is a judge.
	[(d)     Any peace officer, commission investigator, other
	commission official, or person authorized under Article 24.01, Code
	of Criminal Procedure, may serve the subpoena in the same manner
	that similar process in a court of record having original
	jurisdiction of criminal actions is served.
	[(e)     A subpoena under this section shall be served and
	witness fees and mileage paid as in civil cases in the district
	court in the county to which the witness is called, unless the
	proceeding for which the service or payment is made is under Chapter
	2001, Government Code, in which case the service or payment shall be
	made as provided in that chapter.   Witnesses subpoenaed at the
	instance of the commission shall be paid their fees and mileage by
	the commission out of funds appropriated for that purpose.
	[(f)     On application of the commission, a court of record
	having original jurisdiction of criminal actions may compel the
	attendance of a witness, the production of material, or the giving
	of testimony before the commission, by an attachment for contempt
	or in the same manner as the court may otherwise compel the
	production of evidence.
	[(g)     The chairman or another member of the commission may
	administer an oath to a witness in attendance before the commission
	or before an authorized representative of the commission.
	[(h)     If a witness in attendance before the commission or
	before an authorized representative refuses without reasonable
	cause to be examined or answer a legal or pertinent question, or to
	produce evidence when ordered by the commission, the commission may
	apply to the district court for a rule or order returnable in not
	less than two or in more than five days, directing the witness to
	show cause before the judge why the witness should not be punished
	for contempt.   The commission may apply to the district court of any
	county where the witness is in attendance, on proof by affidavit of
	the fact, unless the order of contempt is sought under Chapter 2001,
	Government Code, in which case the commission shall apply to a
	district court of Travis County, as provided by that chapter.   On
	return of the order, the judge hearing the matter shall examine the
	witness under oath and the witness shall be given an opportunity to
	be heard.   If the judge determines that the witness has refused,
	without reasonable cause or legal excuse, to be examined or answer a
	legal or pertinent question, or to produce evidence that the
	witness was ordered to bring or produce, the judge may immediately
	find the witness in contempt of court.
	[(i)     The commission shall be granted access at any
	reasonable time to any evidence that is related to any matter the
	commission or executive director considers necessary to administer
	the commission's functions, powers, and duties.
	[Sec.   141.047.     INTERAGENCY   COOPERATION. (a)     To improve
	probation services, the commission may cooperate and contract with:
	[(1)  the federal government;
	[(2)     governmental agencies in this state and other
	states;
	[(3)  political subdivisions of the state; and
	[(4)  private agencies.
	[(b)     The director, the executive commissioner of the Texas
	Youth Commission, and the commissioners of education, mental health
	and mental retardation, and human services shall meet in Austin at
	least quarterly to:
	[(1)  discuss mutual problems;
	[(2)     resolve conflicts in providing services to
	juveniles; and
	[(3)     make recommendations to the governor and
	legislature.
	[Sec.     141.0471.     COORDINATED STRATEGIC PLANNING COMMITTEE.
	(a)     The director and the executive director of the Texas Youth
	Commission shall jointly appoint a strategic planning committee to
	biennially develop a coordinated strategic plan which shall guide,
	but not substitute for, the strategic plans developed individually
	by the agencies.   The director and the executive director of the
	Texas Youth Commission are co-presiding officers of the strategic
	planning committee.
	[(b)     The director shall appoint four members to the
	strategic planning committee.   The director shall appoint at least:
	[(1)     one committee member who represents the interests
	of families of juvenile offenders;
	[(2)     one committee member who represents the interests
	of local juvenile probation departments; and
	[(3)     one committee member who is a mental health
	treatment professional licensed under Subtitle B or I, Title 3,
	Occupations Code.
	[(c)     The executive director of the Texas Youth Commission
	shall appoint four members to the strategic planning committee.
	The executive director shall appoint at least:
	[(1)     one committee member who represents the interests
	of juvenile offenders;
	[(2)     one committee member who represents the interests
	of the victims of delinquent or criminal conduct; and
	[(3)     one committee member who is an educator as
	defined by Section 5.001, Education Code.]
	Sec. 221.009 [141.0472].  [COORDINATED] STRATEGIC PLAN;
	ADOPTION OF PLAN. (a)  The board shall develop a [coordinated]
	strategic plan.  The plan [developed by the strategic planning
	committee under Section 141.0471] must:
	(1)  identify short-term and long-term policy goals;
	(2)  identify time frames and strategies for meeting
	the goals identified under Subdivision (1);
	(3)  estimate population projections, including
	projections of population characteristics;
	(4)  estimate short-term and long-term capacity,
	programmatic, and funding needs;
	(5)  describe intensive service and surveillance
	parole pilot programs to be [jointly] developed;
	(6)  include an evaluation of aftercare services
	emphasizing concrete outcome measures, including recidivism and
	educational progress;
	(7)  identify objective criteria for the various
	decision points throughout the continuum of juvenile justice
	services and sanctions to guard against disparate treatment of
	minority youth;
	(8)  identify [cross-agency] outcome measures by which
	to evaluate the effectiveness of services provided to youth in the
	juvenile justice system [the system generally];
	(9)  include a plan of implementation for the
	development of common data sources and data sharing among the
	department [commission], juvenile probation departments, [the
	Texas Youth Commission,] the Department of Family and Protective
	Services, the Department of State Health Services, the Health and
	Human Services Commission, the Texas Education Agency, and other
	state agencies that serve youth in the juvenile justice system;
	(10)  include the development of new, or the
	improvement of existing, validated risk assessment instruments;
	(11)  include strategies to determine which programs
	are most effective in rehabilitating youth in the juvenile justice
	system;
	(12)  include planning for effective aftercare
	programs and services, including ensuring that youth in the
	juvenile justice system have personal identification and
	appropriate referrals to service providers; and
	(13)  track performance measures to illustrate the
	costs of different levels of treatment and to identify the most
	cost-effective programs in each component of the juvenile justice
	system in this state.
	(b)  The board shall make its best effort to develop
	regularly updated performance measures of the effectiveness of
	programs and services on outcomes for youths, public safety, and
	victims, make those measures publicly available online, and use
	those measures in determining funding levels for programs and
	services  [In addition to the information described by Subsection
	(a), the coordinated strategic plan must include specific processes
	and procedures for routinely communicating juvenile justice system
	information between the commission and the Texas Youth Commission
	and determining opportunities to coordinate practices for
	improving outcomes for youth].
	(c)  The board [governing boards of the commission and the
	Texas Youth Commission] shall review and adopt the [coordinated]
	strategic plan as provided by Section 2056.002, Government Code [on
	or before December 1st of each odd-numbered year, or before the
	adoption of the agency's individual strategic plan, whichever is
	earlier].
	[Sec.   141.048.     STUDIES. (a)     The commission may conduct or
	participate in studies relating to corrections methods and systems
	and to treatment and therapy programs at the governor's request or
	on its own motion.
	[(b)     The commission shall continuously study the
	effectiveness of probation services and shall report its findings
	to the governor and the legislature before each regular legislative
	session.
	[Sec.   141.0486.     REPORTING CONCERNING RESEARCH PROGRAMS OR
	STUDIES. (a)     The commission shall keep records relating to
	children within the juvenile probation system that participate in
	research programs or studies.
	[(b)     The records must show, for each calendar quarter and
	for each calendar year:
	[(1)     the number of children participating in research
	programs or studies for the appropriate reporting period;
	[(2)     the type of research program or study in which
	each child is participating;
	[(3)     the name of the principal investigator conducting
	the research program or study; and
	[(4)     the entity sponsoring the research program or
	study.
	[(c)     The commission shall submit a report that contains the
	information in the records kept under Subsection (b) on or before
	the 15th day after the last day of the appropriate reporting period
	to the:
	[(1)  governor;
	[(2)  lieutenant governor;
	[(3)  speaker of the house of representatives; and
	[(4)     members of the senate and house of
	representatives.
	[(d)     A report submitted under this section is public
	information under Chapter 552, Government Code.]
	Sec. 221.010 [141.049].  COMPLAINTS RELATING TO JUVENILE
	BOARDS. (a)  The department [commission] shall maintain a system
	to promptly and efficiently act on a complaint filed with the
	department [commission] relating to a juvenile board funded by the
	department [commission].  The department [commission] shall
	maintain information about parties to the complaint, a summary of
	the results of the review or investigation of the complaint, and the
	disposition of the complaint.
	(b)  The department [commission] shall make information
	available describing the department's [commission's] procedures
	for the investigation and resolution of a complaint filed with the
	department [commission] relating to a juvenile board funded by the
	department [commission].
	(c)  The department [commission] shall investigate the
	allegations in the complaint and make a determination of whether
	there has been a violation of the department's [commission's] rules
	relating to juvenile probation programs, services, or facilities.
	(d)  If a written complaint is filed with the department
	[commission] relating to a juvenile board funded by the department
	[commission], the department [commission] shall periodically
	notify the complainant and the juvenile board of the status of the
	complaint until final disposition, unless notice would jeopardize
	an undercover investigation.
	Sec. 221.011.  INVESTIGATORS. (a)  The department may
	employ and commission investigators as peace officers for the
	purpose of investigating allegations of abuse, neglect, and
	exploitation in juvenile justice programs and facilities under
	Section 261.405, Family Code.
	(b)  Peace officers employed and commissioned under
	Subsection (a) must be certified by the Commission on Law
	Enforcement Officer Standards and Education under Chapter 1701,
	Occupations Code.
	Sec. 221.012.  ANNUAL REPORTS. (a)  The department shall
	report annually to the governor and the legislature on the
	department's operations and the condition of probation services in
	the state during the previous year.  The report:
	(1)  may include recommendations; and
	(2)  must include:
	(A)  an evaluation of the effectiveness of the
	community-based programs operated under Section 54.0401, Family
	Code; and
	(B)  information comparing the cost of a child
	participating in a program described by Paragraph (A) with the cost
	of committing the child to the department.
	(b)  The department shall file annually with the governor,
	the Legislative Budget Board, and the presiding officer of each
	house of the legislature a complete and detailed written report
	accounting for all funds received and disbursed by the department
	during the preceding fiscal year. The annual report must be in the
	form and be submitted by the time provided by the General
	Appropriations Act.
	SUBCHAPTER B.  CONTRACT STANDARDS AND MONITORING
	Sec. 221.051 [141.050].  CONTRACT STANDARDS. (a)  In each
	contract with counties for local probation services, the department
	[commission] shall include:
	(1)  clearly defined contract goals, outputs, and
	measurable outcomes that relate directly to program objectives;
	(2)  clearly defined sanctions or penalties for failure
	to comply with or perform contract terms or conditions; and
	(3)  clearly specified accounting, reporting, and
	auditing requirements applicable to money received under the
	contract.
	(b)  The department [commission] shall require each local
	juvenile probation department:
	(1)  to include the provisions of Subsection (a) in its
	contracts with private service providers that involve the use of
	state funds; and
	(2)  to use data relating to the performance of private
	service providers in prior contracts as a factor in selecting
	providers to receive contracts.
	(c)  The department [commission] shall consider the past
	performance of a juvenile board when contracting with the juvenile
	board for local probation services other than basic probation
	services.  In addition to the contract standards described by
	Subsection (a), a contract with a juvenile board for probation
	services other than basic probation services must:
	(1)  include specific performance targets for the
	juvenile board based on the juvenile board's historic performance
	of the services; and
	(2)  require a juvenile board to report on the juvenile
	board's success in meeting the performance targets described by
	Subdivision (1).
	Sec. 221.052 [141.051].  CONTRACT MONITORING. The
	department [commission] shall establish a formal program to monitor
	contracts under Section 221.051 [141.050] made by the department
	[commission].  The department [commission] must:
	(1)  monitor compliance with financial and performance
	requirements using a risk assessment methodology; and
	(2)  obtain and evaluate program cost information to
	ensure that each cost, including an administrative cost, is
	reasonable and necessary to achieve program objectives.
	[Sec. 141.052.  MEDICAID BENEFITS.  The commission shall:
	[(1)     identify areas in which federal Medicaid program
	benefits could be used in a manner that is cost-effective for
	children in the juvenile justice system;
	[(2)     develop a program to encourage application for
	and receipt of Medicaid benefits;
	[(3)     provide technical assistance to counties
	relating to eligibility for Medicaid benefits; and
	[(4)     monitor the extent to which counties make use of
	Medicaid benefits.
	[Sec.   141.053.     ACCESSIBILITY TO PROGRAMS AND FACILITIES.
	The commission shall comply with federal and state laws relating to
	program and facility accessibility.   The executive director shall
	also prepare and maintain a written plan that describes how a person
	who does not speak English can be provided reasonable access to the
	commission's programs and services.]
	Sec. 221.053 [141.054].  CONTRACTS FOR OUT-OF-STATE
	JUVENILE INMATES. (a)  The only entities other than the state
	authorized to operate a correctional facility to house in this
	state juvenile inmates convicted of offenses committed against the
	laws of another state of the United States are:
	(1)  a county or municipality; and
	(2)  a private vendor operating a correctional facility
	under a contract with a county or municipality.
	(b)  The board [commission] shall develop rules, procedures,
	and minimum standards applicable to county or private correctional
	facilities housing out-of-state juvenile inmates.  A contract made
	under Subsection (a) [of this section] shall require the county,
	municipality, or private vendor to operate the facility in
	compliance with minimum standards adopted by the board
	[commission].
	[Sec.   141.055.     INVESTIGATORS.   (a)     The commission may
	employ and commission investigators as peace officers for the
	purpose of investigating allegations of abuse, neglect, and
	exploitation in juvenile justice programs and facilities under
	Section 261.405, Family Code.
	[(b)     Peace officers employed and commissioned under
	Subsection (a) must be certified by the Commission on Law
	Enforcement Officer Standards and Education under Chapter 1701,
	Occupations Code.
	[Sec.   141.056.     STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
	SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a)     The
	director shall establish a committee to evaluate alternatives to
	the juvenile justice system, such as government programs,
	faith-based programs, and programs offered by nonprofit
	organizations, for children who are accused of engaging in acts of
	prostitution.
	[(b)     The director shall determine the size of the committee.
	The committee must be composed of:
	[(1)     members of the Texas Juvenile Probation
	Commission, the Texas Youth Commission, and other relevant state
	agencies as determined by the director;
	[(2)  members of the legislature;
	[(3)     members of nongovernmental organizations that
	provide programs and services to combat and prevent trafficking of
	persons as described by Section 20A.02, Penal Code, in this state,
	including the following with respect to that trafficking:
	[(A)  programs to promote public awareness;
	[(B)     programs to identify and provide services to
	victims;
	[(C)  legal services; and
	[(D)     community outreach and training programs;
	and
	[(4)  other juvenile justice experts.
	[(c)     Not later than January 1, 2011, the committee shall
	prepare and deliver to each member of the legislature a report that
	includes the results of the study and recommendations for
	alternatives to the juvenile justice system for children who are
	accused of engaging in acts of prostitution.
	[(d)  This section expires June 1, 2011.]
	Sec. 221.054 [141.057].  DATA COLLECTION. (a)  The
	department [commission] shall collect comprehensive data
	concerning the outcomes of local probation programs throughout the
	state.
	(b)  Data collected under Subsection (a) must include:
	(1)  a description of the types of programs and
	services offered by a juvenile probation department, including a
	description of the components of each program or service offered;
	and
	(2)  to the extent possible, the rate at which
	juveniles who enter or complete juvenile probation are later
	committed to the custody of the state.
	Sec. 221.055 [141.058].  QUARTERLY REPORT ON ABUSE,
	NEGLECT, AND EXPLOITATION. (a)  The department [On January 1,
	2010, and quarterly after that date, the commission] shall prepare
	and deliver a quarterly report to the board concerning the final
	outcome of any complaint received under Section 261.405, Family
	Code, that concerns the abuse, neglect, or exploitation of a
	juvenile.  The report must include a summary of the actions
	performed by the department [commission] and any applicable
	juvenile board or juvenile probation department in resolving the
	complaint.
	(b)  A report prepared under Subsection (a) is public
	information under Chapter 552, Government Code, only to the extent
	authorized by that chapter.
	Sec. 221.056 [141.059].  RESIDENTIAL TREATMENT FACILITY.
	(a)  The department [commission] may contract with a local mental
	health and mental retardation authority [that, on April 1, 2009,
	had an unutilized or underutilized residential treatment
	facility,] for the establishment of a residential treatment
	facility for juveniles with mental illness or emotional injury who,
	as a condition of juvenile probation, are ordered by a court to
	reside at the facility and receive education services at the
	facility.  The department [commission] may work in cooperation with
	the local mental health and mental retardation authority to provide
	mental health residential treatment services for juveniles
	residing at a facility established under this section.
	(b)  A residential treatment facility established under this
	section must provide juveniles receiving treatment at the facility:
	(1)  a short-term program of mental health
	stabilization that does not exceed 150 days in duration; and
	(2)  all educational opportunities and services,
	including special education instruction and related services, that
	a school district is required under state or federal law to provide
	for students residing in the district through a charter school
	operated in accordance with and subject to Subchapter D, Chapter
	12, Education Code.
	(c)  If a residential treatment facility established under
	this section is unable to provide adequate and sufficient
	educational opportunities and services to juveniles residing at the
	facility, the facility may not continue to operate beyond the end of
	the school year in which the opportunities or services provided by
	the facility are determined to be inadequate or insufficient.
	(d)  Notwithstanding any other law and in addition to the
	number of charters allowed under Subchapter D, Chapter 12,
	Education Code, the State Board of Education shall grant a charter
	on the application of a residential treatment facility established
	under this section for a school chartered for the purposes of this
	section.
	CHAPTER 222. STANDARDS FOR AND REGULATION OF [SUBCHAPTER D.
	PROVISIONS RELATING TO] CERTAIN OFFICERS AND EMPLOYEES
	SUBCHAPTER A.  STANDARDS FOR AND GENERAL REGULATION OF OFFICERS
	Sec. 222.001 [141.061].  MINIMUM STANDARDS FOR PROBATION
	OFFICERS. (a)  To be eligible for appointment as a probation
	officer, a person who was not employed as a probation officer before
	September 1, 1981, must:
	(1)  be of good moral character;
	(2)  have acquired a bachelor's degree conferred by a
	college or university accredited by an accrediting organization
	recognized by the Texas Higher Education Coordinating Board;
	(3)  have either:
	(A)  one year of graduate study in criminology,
	corrections, counseling, law, social work, psychology, sociology,
	or other field of instruction approved by the department
	[commission]; or
	(B)  one year of experience in full-time case
	work, counseling, or community or group work:
	(i)  in a social service, community,
	corrections, or juvenile agency that deals with offenders or
	disadvantaged persons; and
	(ii)  that the department [commission]
	determines provides the kind of experience necessary to meet this
	requirement;
	(4)  have satisfactorily completed the course of
	preservice training or instruction and any continuing education
	required by the department [commission];
	(5)  have passed the tests or examinations required by
	the department [commission]; and
	(6)  possess the level of certification required by the
	department [commission].
	(b)  The board [commission] by rule may authorize the waiver
	of the requirement of a year of graduate study or full-time
	employment experience if the authority responsible for employing
	the officer establishes to the satisfaction of the department
	[commission] that, after a diligent search, the authority cannot
	locate a person meeting that requirement to fill a job opening.
	(c)  The board [commission] by rule may authorize the
	temporary employment of a person who has not completed a course of
	preservice training, passed the examination, or attained the
	required level of certification, contingent on the person meeting
	those requirements within the time specified by the board
	[commission].
	(d)  A person must possess the level of training, experience,
	and certification required by the department [commission] to be
	eligible for employment in a probation office in a position
	supervising other probation officers. The department [commission]
	may require several levels of certification to reflect increasing
	levels of responsibility. A department [commission] rule relating
	to levels of certification does not affect the continued employment
	of a probation officer in a supervisory position if the person holds
	that position on the date on which the rule takes effect.
	(e)  The department [commission] may waive any certification
	requirement, except a fee requirement, for an applicant who has a
	valid certification from another state that has certification
	requirements that are substantially equivalent to the requirements
	in this state.
	(f)  The department [commission] may waive the degree
	accreditation requirement in Subsection (a)(2) if the applicant
	possesses a foreign or other degree that the department
	[commission] determines is the substantial equivalent of a
	bachelor's degree. The board [commission] shall adopt rules
	defining the procedures to be used to request a waiver of the
	accreditation requirement in Subsection (a)(2).
	Sec. 222.002 [141.0611].  MINIMUM STANDARDS FOR DETENTION
	OFFICERS. To be eligible for appointment as a detention officer, a
	person who was not employed as a detention officer before September
	1, 2005, must:
	(1)  be of good moral character;
	(2)  be at least 21 years of age;
	(3)  have acquired a high school diploma or its
	equivalent;
	(4)  have satisfactorily completed the course of
	preservice training or instruction  required by the department
	[commission];
	(5)  have passed the tests or examinations required by
	the department [commission]; and
	(6)  possess the level of certification required by the
	department [commission].
	Sec. 222.003 [141.0612].  MINIMUM STANDARDS FOR CERTAIN
	EMPLOYEES OF NONSECURE CORRECTIONAL FACILITIES. (a)  The board
	[commission] by rule shall adopt certification standards for
	persons who are employed in nonsecure correctional facilities that
	accept only juveniles who are on probation and that are operated by
	or under contract with a governmental unit, as defined by Section
	101.001, Civil Practice and Remedies Code.
	(b)  The certification standards adopted under Subsection
	(a) must be substantially similar to the certification requirements
	for detention officers under Section 222.002 [141.0611].
	Sec. 222.004.  PERSONS WHO MAY NOT ACT AS CHIEF
	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a)  A
	peace officer, prosecuting attorney, or other person who is
	employed by or who reports directly to a law enforcement or
	prosecution official may not act as a chief administrative,
	juvenile probation, or detention officer or be made responsible for
	supervising a juvenile on probation.
	(b)  For purposes of this section, a chief administrative
	officer, regardless of title, is the person who is:
	(1)  hired or appointed by or under contract with the
	juvenile board; and
	(2)  responsible for the oversight of the operations of
	the juvenile probation department or any juvenile justice program
	operated by or under the authority of the juvenile board.
	Sec. 222.005.  CARRYING OF FIREARM BY CERTAIN OFFICERS
	PROHIBITED. (a)  A juvenile probation, detention, or corrections
	officer may not carry a firearm in the course of the person's
	official duties.
	(b)  This section does not apply to:
	(1)  an employee of the department; or
	(2)  a juvenile probation officer authorized to carry a
	firearm under Section 142.006.
	Sec. 222.006.  PROBATION OFFICER:  COUNTY EMPLOYEE. A
	juvenile probation officer whose jurisdiction covers only one
	county is considered to be an employee of that county.
	SUBCHAPTER B.  CERTIFICATION AND EXAMINATION
	Sec. 222.051 [141.062].  NOTICE OF CERTIFICATION
	EXAMINATION RESULTS. (a)  Except as provided by Subsection (b) [of
	this section], the department [commission] shall notify each person
	taking a certification examination of the results of the
	examination not later than the 30th day after the date on which the
	examination is administered.
	(b)  The department [commission] shall notify a person
	taking an examination graded or reviewed by a national testing
	service of the results not later than the 14th day after the date on
	which the department [commission] receives the results from the
	testing service.
	(c)  If the notice of the examination results graded or
	reviewed by a national testing service will be delayed for longer
	than 90 days after the examination date, the department
	[commission] shall notify the person of the reason for the delay
	before that 90th day.
	Sec. 222.052 [141.063].  ANALYSIS OF EXAMINATION
	PERFORMANCE. The department [commission] shall furnish a person
	who fails a certification test administered under this chapter with
	an analysis of the person's performance on the examination if the
	person requests the analysis in writing.
	Sec. 222.053 [141.064].  REVOCATION OR SUSPENSION OF
	CERTIFICATION. (a)  The department [commission] may revoke or
	suspend a certification, or reprimand a certified officer:
	(1)  for a violation of this chapter or a department
	[commission] rule; or
	(2)  if, under Subsection (c), a panel determines that
	continued certification of the person threatens juveniles in the
	juvenile justice system.
	(b)  The department [commission] may place on probation a
	person whose certification is suspended.  If the suspension is
	probated, the department [commission] may require the person to:
	(1)  report regularly to the department [commission] on
	matters that are the basis of the probation; and
	(2)  continue or review professional education until
	the person attains a degree of skill satisfactory to the department
	[commission] in those areas that are the basis of the probation.
	(c)  The executive director may convene, in person or
	telephonically, a panel of three board [commission] members to
	determine if a person's continued certification threatens
	juveniles in the juvenile justice system.  If the panel determines
	that the person's continued certification threatens juveniles in
	the juvenile justice system, the person's license is temporarily
	suspended until an administrative hearing is held as soon as
	possible under Subsection (d).  The executive director may convene
	a panel under this subsection only if the danger posed by the
	person's continued certification is imminent.  The panel may hold a
	telephonic meeting only if immediate action is required and
	convening the panel at one location is inconvenient for any member
	of the panel.
	(d)  A person is entitled to a hearing before the State
	Office of Administrative Hearings if the department [commission]
	proposes to suspend or revoke the person's certification.
	(e)  A person may appeal a ruling or order issued under this
	section to a district court in the county in which the person
	resides or in Travis County.  The standard of review is under the
	substantial evidence rule.
	[Sec.   141.065.     PERSONS WHO MAY NOT ACT AS CHIEF
	ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS. (a)     A
	peace officer, prosecuting attorney, or other person who is
	employed by or who reports directly to a law enforcement or
	prosecution official may not act as a chief administrative,
	juvenile probation, or detention officer or be made responsible for
	supervising a juvenile on probation.
	[(b)     For purposes of this section, a chief administrative
	officer, regardless of title, is the person who is:
	[(1)     hired or appointed by or under contract with the
	juvenile board; and
	[(2)     responsible for the oversight of the operations
	of the juvenile probation department or any juvenile justice
	program operated by or under the authority of the juvenile board.
	[Sec. 141.066.     CARRYING OF FIREARM BY CERTAIN OFFICERS
	PROHIBITED. (a)     A juvenile probation, detention, or corrections
	officer may not carry a firearm in the course of the person's
	official duties.
	[(b)  This section does not apply to:
	[(1)  an employee of the Texas Youth Commission; or
	[(2)     a juvenile probation officer authorized to carry
	a firearm under Section 142.006.
	[Sec.   141.067.   PROBATION OFFICER:   COUNTY EMPLOYEE. A
	juvenile probation officer whose jurisdiction covers only one
	county is considered to be an employee of that county.]
	CHAPTER 223 [SUBCHAPTER E].  STATE AID
	Sec. 223.001 [141.081].  DETERMINATION OF AMOUNT OF STATE
	AID. (a)  The department [commission] shall annually allocate
	funds for financial assistance to juvenile boards to provide
	juvenile services according to current estimates of the number of
	juveniles in each county and other factors the department
	[commission] determines are appropriate.
	(b)  The legislature may appropriate the amount of state aid
	necessary to supplement local funds to maintain and improve
	statewide juvenile services that comply with department
	[commission] standards.
	(c)  The department [commission] may set aside a portion of
	the funds appropriated to the department [commission] for state aid
	to fund programs designed to address special needs or projects of
	local juvenile boards.
	[(d)     The commission by rule shall, not later than September
	1, 2010, establish one or more basic probation services funding
	formulas and one or more community corrections funding formulas.
	The funding formulas established under this subsection must include
	each grant for which the commission, on or before September 1, 2009,
	established an allocation formula.]
	Sec. 223.002 [141.082].  MAINTENANCE OF LOCAL FINANCIAL
	SUPPORT. (a)  To receive the full amount of state aid funds for
	which a juvenile board may be eligible, a juvenile board must
	demonstrate to the department's [commission's] satisfaction that
	the amount of local or county funds budgeted for juvenile services
	is at least equal to the amount spent, excluding construction and
	capital outlay expenses, for those services in the 1994 county
	fiscal year.  The department [commission] may waive this
	requirement only if the juvenile board demonstrates to the
	department [commission] that unusual, catastrophic, or exceptional
	circumstances existed during the relevant year to affect adversely
	the level of county funding.  If the required amount of local
	funding is not budgeted and the department [commission] does not
	grant a waiver, the department [commission] shall reduce the
	allocation of state aid funds to the juvenile board by the amount
	equal to the amount that the county funding is below the required
	funding.
	(b)  For purposes of Subsection (a), the [The] amount spent
	on juvenile detention and correctional facilities is included in
	determining the amount of local or county funds.  The amount spent
	for construction or renovation is not included.
	(c)  The department [commission] must be satisfied at the end
	of each county fiscal year that the juvenile board actually spent
	local or county funds for juvenile services in the amount
	demonstrated to the department [commission] at the beginning of the
	fiscal year.
	(d)  The department [commission] may require a rebate of
	state aid, or [may] withhold state aid to which the juvenile board
	would otherwise be entitled, as necessary to satisfy the
	requirement that a juvenile board spend funds as demonstrated.
	Sec. 223.003 [141.083].  SPECIAL RULES FOR MULTI-COUNTY
	JURISDICTIONS. If necessary, the board [commission] by rule may
	provide for:
	(1)  the payment of compensation, insurance,
	retirement, fringe benefits, and related matters to a juvenile
	probation officer whose jurisdiction covers more than one county;
	(2)  the centralization of administrative
	responsibility associated with the state aid program in a county
	included in a multi-county jurisdiction; and
	(3)  the application of Section 223.001 [141.081 of
	this code] to a multi-county jurisdiction.
	Sec. 223.004 [141.084].  PAYMENT OF STATE AID. (a)  When
	the department [commission] determines that a juvenile board
	complies with the department's [commission's] standards, the
	department [commission] shall submit to the comptroller a voucher
	for payment to a juvenile board of the amount of state aid to which
	the board is entitled.
	(b)  The juvenile board's fiscal officer shall deposit all
	state aid received under this chapter in a special fund.  The
	juvenile board may use the funds solely to provide juvenile
	probation services.
	(c)  A juvenile board receiving state aid under this chapter
	is subject to audit by:
	(1)  the Legislative Budget Board;
	(2)  [,] the governor's budget, policy, and planning
	office;
	(3)  [,] the state auditor; [,] and
	(4)  the comptroller.
	(d)  A juvenile board receiving state aid under this chapter
	shall submit reports as required by the department [commission].
	Sec. 223.005 [141.085].  REFUSAL, REDUCTION, OR SUSPENSION
	OF STATE AID. (a)  The department [commission] may refuse, reduce,
	or suspend payment of state aid to:
	(1)  a juvenile board that fails to comply with the
	department's [commission's] rules or fails to maintain local
	financial support; or
	(2)  a county that fails to comply with the minimum
	standards provided under Section 221.002(a)(4) [141.042(a)(4)].
	(b)  The department [commission] shall provide for notice
	and a hearing in a case in which the department [it] refuses,
	reduces, or suspends state aid.
	Sec. 223.006 [141.086].  FUNDING AND CONSTRUCTION OF
	POST-ADJUDICATION FACILITIES. (a)  The department [commission]
	may provide state aid to a county to acquire, construct, and equip
	post-adjudication residential or day-treatment centers from money
	appropriated for those purposes.  The facilities may be used for
	children who are placed on probation by a juvenile court under
	Section 54.04, Family Code, as an alternative to commitment to the
	facilities of the department [Texas Youth Commission].
	(b)  State funds provided to counties under Subsection (a)
	must be matched by local funds equal to at least one-fourth of the
	state funds.
	(c)  From money appropriated for construction of the
	facilities described by Subsection (a), the department
	[commission] shall contract with the Texas Department of Criminal
	Justice for construction management services, including:
	(1)  evaluation of project plans and specifications;
	and
	(2)  review and comment on the selection of architects
	and engineers, change orders, and sufficiency of project
	inspection.
	(d)  On completion of the review of project plans and
	specifications under Subsection (c), the Texas Department of
	Criminal Justice shall issue a comprehensive report that states in
	detail the proposed cost of the project.  The department
	[commission] shall use the report in making a comparative
	evaluation of proposed projects and shall give priority to the
	projects the department [commission] finds are the most effective
	and economical.
	(e)  The department [commission] may not award money for a
	capital construction project for a facility under this section
	unless the department [commission] receives from the commissioners
	court of the county intending to use the facility a written
	commitment that the commissioners court has reviewed and accepted
	the conditions of the award.  If more than one county intends to use
	the facility, the department [commission] must receive from each
	county a written commitment that the county will agree with the
	other counties to an interlocal contract to operate the facility in
	accordance with the conditions of the award.
	(f)  A county receiving state aid under this section shall
	adhere to department [commission] standards for the construction
	and operation of a post-adjudication secure residential facility.
	(g)  For a facility constructed under this section, not more
	than 25 percent of the operating costs of the facility may be
	reimbursed by the department [commission].
	(h)  It is the intent of the legislature to appropriate the
	full amount of money authorized under Subsection (g).
	(i)  [The commission shall conduct an annual audit of the
	operating costs for a fiscal year of a facility constructed under
	this section for each fiscal year through fiscal year 1999.   The
	commission shall submit a report on the results of the audit to the
	Legislative Budget Board and the governor not later than the 60th
	day after the last day of the fiscal year covered by the audit.
	[(j)]  In this section, "operating costs" means the
	operating costs of a facility at an 80-percent occupancy rate.
	SECTION 1.005.  Title 12, Human Resources Code, as added by
	this Act, is amended by adding Subtitle C, and a heading is added to
	read as follows:
	SUBTITLE C. SECURE FACILITIES
	SECTION 1.006.  Subchapter G, Chapter 61, Human Resources
	Code, is transferred to Subtitle C, Title 12, Human Resources Code,
	as added by this Act, redesignated as Chapter 241, and amended to
	read as follows:
	CHAPTER 241. GENERAL [SUBCHAPTER G. MISCELLANEOUS] PROVISIONS
	Sec. 241.001 [61.091].  COOPERATION OF OTHER AGENCIES. To
	effectuate the purpose of this subtitle [chapter] and to make
	maximum use of existing facilities and personnel, all departments
	and agencies of the state and all officers and employees of the
	state, when requested by the department [commission], shall
	cooperate with the department [it] in all activities consistent
	with their proper functions.
	Sec. 241.0015 [61.0911].  [COORDINATED] STRATEGIC PLAN.
	The department [Texas Youth Commission] shall biennially develop
	[with the Texas Juvenile Probation Commission] a [coordinated]
	strategic plan in the manner described by Section 221.009 [Sections
	141.0471 and 141.0472].
	Sec. 241.002 [61.092].  NO FORFEITURE OF CERTAIN CIVIL
	RIGHTS. Commitment of a child to the custody of the department
	[commission] does not disqualify the child in any future
	examination, appointment, or application for public service under
	the government of the state or of any political subdivision of the
	state.
	[Sec.   61.093.     ESCAPE AND APPREHENSION. (a)     If a child who
	has been committed to the commission and placed by it in any
	institution or facility has escaped or has been released under
	supervision and broken the conditions of release:
	[(1)     a sheriff, deputy sheriff, constable, or police
	officer may, without a warrant, arrest the child; or
	[(2)     a commission employee designated by the executive
	commissioner may, without a warrant or other order, take the child
	into the custody of the commission.
	[(b)     A child who is arrested or taken into custody under
	Subsection (a) may be detained in any suitable place, including an
	adult jail facility if the person is 17 years of age or older, until
	the child is returned to the custody of the commission or
	transported to a commission facility.
	[(c)     Notwithstanding Section 58.005, Family Code, the
	commission may disseminate to the public the following information
	relating to a child who has escaped from custody:
	[(1)     the child's name, including other names by which
	the child is known;
	[(2)     the child's physical description, including sex,
	weight, height, race, ethnicity, eye color, hair color, scars,
	marks, and tattoos;
	[(3)  a photograph of the child; and
	[(4)     if necessary to protect the welfare of the
	community, any other information that reveals dangerous
	propensities of the child or expedites the apprehension of the
	child.
	[Sec.   61.0931.   APPREHENSION SPECIALISTS. (a)     The
	commission may employ and commission apprehension specialists as
	peace officers for the purpose of apprehending a child under
	Section 61.093.
	[(b)     Peace officers employed and commissioned under
	Subsection (a) must be certified by the Commission on Law
	Enforcement Officer Standards and Education under Chapter 415,
	Government Code.]
	Sec. 241.003 [61.094].  YOUTH DEVELOPMENT COUNCIL FUND. The
	youth development council fund exists in the treasury as a special
	fund for the purposes provided by law.
	Sec. 241.004 [61.095].  REQUEST FOR CERTAIN RECORDS. For
	the purpose of offering a record as evidence in the punishment phase
	of a criminal proceeding, a prosecuting attorney may obtain the
	record of a defendant's adjudication that is admissible under
	Section 3(a), Article 37.07, Code of Criminal Procedure, by
	submitting a request for the record to the department [commission].
	If the department [commission] has a record to which the
	prosecuting attorney is entitled under this section, the department
	[commission] shall furnish a copy of the record to the prosecuting
	attorney.  Otherwise, the department [commission] shall notify the
	prosecuting attorney that the department [commission] does not have
	a record to which the attorney is entitled under this section.
	Sec. 241.005 [61.096].  LIABILITY OF VOLUNTEERS.
	(a)  Except as provided by Subsection (b), a volunteer is not
	liable for damages arising from an act or omission that results in
	personal injury, death, or property damage if the act or omission
	is:
	(1)  in the course and scope of the volunteer's duties
	as a volunteer; and
	(2)  not intentional or grossly negligent.
	(b)  A volunteer is liable for personal injury, death, or
	property damage proximately caused by an act or omission related to
	the operation or use of any motor-driven equipment to the extent of
	the greater of:
	(1)  the amount of financial responsibility required
	for the motor-driven equipment, if any, under Chapter 601,
	Transportation Code; or
	(2)  the amount of any liability insurance coverage
	that applies to the act or omission.
	(c)  In this section, "volunteer" means an individual
	rendering services for or on behalf of the department [commission]
	who does not receive compensation in excess of reimbursement for
	expenses incurred.
	Sec. 241.006 [61.097].  APPLICATION OF LAW RELATING TO FREE
	EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice
	and Remedies Code, an ordinance, rule, order, decision, or practice
	that applies to a person in the custody of a juvenile detention
	facility or other correctional facility operated by or under a
	contract with the department [commission], a county, or a juvenile
	probation department is presumed to be in furtherance of a
	compelling governmental interest and the least restrictive means of
	furthering that interest.  The presumption may be rebutted.
	Sec. 241.007 [61.098].  CERTAIN CRIMES CONCERNING THE
	DEPARTMENT [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 department
	[commission] and described by Article 104.003(a), Code of Criminal
	Procedure, may request that the special prosecution unit prosecute,
	or assist in the prosecution of, the offense or delinquent conduct.
	(c)  The office of inspector general operated under
	Subchapter C, Chapter 242, 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 department [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 department
	[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 department [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 department [commission]
	officers, employees, or contractors that the inspector general
	reasonably believes jeopardizes the health, safety, and welfare of
	children in the custody of the department [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 department [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. 241.008 [61.099].  DUTY TO FILE COMPLAINT WITH LAW
	ENFORCEMENT AGENCY. If the executive director [commissioner] has
	reasonable cause to believe that a child in the custody of the
	department [commission] is the victim of a crime committed at a
	department [commission] facility operated under this subtitle, the
	executive director [commissioner] shall immediately file a
	complaint with the appropriate law enforcement agency.
	SECTION 1.007.  Subchapters C, D, E, and F, Chapter 61, Human
	Resources Code, are transferred to Subtitle C, Title 12, Human
	Resources Code, as added by this Act, redesignated as Chapters 242,
	243, 244, and 245, respectively, and amended to read as follows:
	CHAPTER 242. OPERATION OF SECURE FACILITIES
	SUBCHAPTER A.  GENERAL AND ADMINISTRATIVE PROVISIONS [SUBCHAPTER C.
	POWERS AND DUTIES]
	Sec. 242.001.  STUDY OF TREATMENT METHODS; STATISTICAL
	RECORDS.  (a)  The department shall conduct continuing inquiry into
	the effectiveness of the treatment methods the department employs
	in the reformation of children. To this end, the department shall
	maintain a record of arrests and commitments of its wards
	subsequent to their discharge from the jurisdiction of the
	department and shall tabulate, analyze, and publish biennially the
	data for use in evaluating the relative merits of treatment
	methods.
	(b)  The department shall cooperate with courts and private
	and public agencies in the collection of statistics and information
	regarding juvenile delinquency, arrests made, complaints,
	informations, and petitions filed, and the dispositions made of
	them, and other information useful in determining the amount and
	causes of juvenile delinquency in this state.
	[Sec.   61.031.     CONTINUING STUDY.   The commission shall carry
	on a continuing study of the problem of juvenile delinquency in this
	state and shall seek to focus public attention on special solutions
	to this problem.]
	Sec. 242.002 [61.0315].  EVALUATION OF TREATMENT PROGRAMS;
	AVAILABILITY.  (a)  The department [commission] shall annually
	review the effectiveness of the department's [commission's]
	programs for the rehabilitation and reestablishment in society of
	children committed to the department [commission], including
	programs for sex offenders, capital offenders, children who are
	chemically dependent, emotionally disturbed children, and females.
	(b)  On or before December 31 of each year, the department
	[commission] shall make a report on the effectiveness of the
	programs to the Legislative Budget Board.
	(c)  The department [commission] shall offer or make
	available programs described by Subsection (a) in an adequate
	manner so that a child in the custody of the department [commission]
	receives appropriate rehabilitation services recommended for the
	child by the court committing the child to the department
	[commission].
	(d)  If the department [commission] is unable to offer or
	make available programs described by Subsection (a) in the manner
	provided by Subsection (c), the department [commission] shall, not
	later than January 10 of each odd-numbered year, provide the
	standing committees of the senate and house of representatives with
	primary jurisdiction over matters concerning correctional
	facilities with a report explaining:
	(1)  which programs are not offered or are unavailable;
	and
	(2)  the reason the programs are not offered or are
	unavailable.
	(e)  The department [commission] shall periodically review,
	document, and compare the accessibility and funding of treatment
	programs provided to female children committed to the department
	[commission] to the accessibility and funding of treatment provided
	to male children committed to the department [commission].
	[Sec.   61.032.     ADMINISTRATION OF INSTITUTIONS.   The
	commission shall administer the training, diagnostic treatment,
	and supervisory facilities and services of the state for children
	committed to the commission and shall manage and direct all
	institutions and training school facilities under the authority of
	the commission.
	[Sec.     61.033.     ANNUAL FINANCIAL REPORT.   The commission
	shall prepare annually a complete and detailed written report
	accounting for all funds received and disbursed by the commission
	during the preceding fiscal year. The annual report must meet the
	reporting requirements applicable to financial reporting provided
	in the General Appropriations Act.
	[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. 242.003 [61.034].  POLICIES AND RULES.  (a)  The board
	[executive commissioner] is responsible for the review and approval
	[adoption] of all policies and shall make rules appropriate to the
	proper accomplishment of the department's [commission's]
	functions.  The board may delegate to the executive director the
	board's responsibility for the adoption of certain policies as
	appropriate for the proper accomplishment of the department's
	functions relating to state-operated facilities and the
	department's personnel.
	(b)  The board [executive commissioner] shall adopt rules
	for the government of the schools, facilities, and programs under
	the department's [commission's] authority under this subtitle and
	shall see that the schools, facilities, and programs are conducted
	according to law and to the board's [executive commissioner's]
	rules.
	(c)  The purpose of the rules and of all education, work,
	training, discipline, and recreation adopted under this section[,]
	and of all other activities in the schools, facilities, and
	programs is to restore and increase the self-respect and
	self-reliance of the children [youth] under the authority of the
	department [commission] and to qualify those children [them] for
	good citizenship and honorable employment.
	[Sec.   61.0345.     MISSION STATEMENT.   The commission shall
	develop and adopt a statement regarding the role and mission of the
	commission.]
	Sec. 242.004 [61.035].  EMPLOYEES.  (a)  Within the limits
	specified by legislative appropriation, the department
	[commission] may employ and compensate personnel necessary to carry
	out the department's [its] duties.
	(b)  Except as otherwise provided by this subchapter
	[chapter], an employee of the department [commission] is employed
	on an at-will basis.
	(c)  The department [commission] shall establish procedures
	and practices governing:
	(1)  employment-related grievances submitted by
	department [commission] employees; and
	(2)  disciplinary actions within the department
	[commission], including a procedure allowing a department
	[commission] employee to elect to participate in an independent
	dismissal mediation if the employee is recommended for dismissal.
	Sec. 242.005 [61.0351].  PROFESSIONAL INFORMATION FOR
	ADVISORY BOARD MEMBERS AND EMPLOYEES.  The executive director
	[commissioner] shall provide to members of any applicable [the]
	advisory board and to department [commission] employees, as often
	as is necessary, information regarding qualifications [their
	qualification] for office or employment under this chapter and
	[their] responsibilities under applicable laws relating to
	standards of conduct for state officers or employees.
	[Sec.   61.0352.     DIVISION OF RESPONSIBILITY. The board shall
	develop and implement policies that clearly separate the
	policymaking responsibilities of the board and the management
	responsibilities of the staff of the commission.]
	Sec. 242.006 [61.0353].  INTRA-AGENCY CAREER LADDER
	PROGRAM.  The program shall require intra-agency posting of all
	positions concurrently with any public postings.
	Sec. 242.007 [61.0354].  JOB PERFORMANCE EVALUATIONS.  The
	executive director [commissioner] shall develop a system of annual
	performance evaluations that are based on documented employee
	performance.  All merit pay for department [commission] employees
	must be based on the system established under this section.
	Sec. 242.008 [61.0355].  EQUAL EMPLOYMENT OPPORTUNITY
	POLICY STATEMENT.  (a)  The executive director [commissioner]
	shall prepare and maintain a written policy statement to assure
	implementation of a program of equal employment opportunity under
	which all personnel transactions are made without regard to race,
	color, disability, sex, religion, age, or national origin.  The
	policy statement shall include:
	(1)  personnel policies, including policies relating
	to recruitment, evaluation, selection, appointment, training, and
	promotion of personnel that are in compliance with requirements of
	Chapter 21, Labor Code;
	(2)  a comprehensive analysis of the department's
	[commission's] work force that meets federal or state laws, rules,
	and regulations and instructions promulgated directly from those
	laws, rules, and regulations;
	(3)  procedures by which a determination can be made
	about the extent of underuse in the department's [commission's]
	work force of all persons of whom federal or state laws, rules, and
	regulations and instructions promulgated directly from those laws,
	rules, and regulations encourage a more equitable balance; and
	(4)  reasonable methods to appropriately address those
	areas of underuse.
	(b)  A policy statement prepared under Subsection (a) must
	cover an annual period, be updated annually, be reviewed by the
	Texas Workforce Commission [on Human Rights] for compliance with
	Subsection (a)(1), and be filed with the governor's office.
	(c)  The governor's office shall deliver a biennial report to
	the legislature based on the information received under Subsection
	(b).  The report may be made separately or as a part of other
	biennial reports made to the legislature.
	Sec. 242.009 [61.0356].  JUVENILE CORRECTIONAL OFFICERS;
	STAFFING.  (a)  In this section, "juvenile correctional officer"
	means a department [an] employee whose primary duties include [duty
	includes] the custodial supervision of children in the custody of
	the department [commission].
	(b)  The department [commission] shall provide each juvenile
	correctional officer employed by the department [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
	department [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)  department [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 department [commission];
	(11)  interpersonal relationship skills;
	(12)  the social and cultural lifestyles of children in
	the custody of the department [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 department [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
	department [commission] that has a dormitory, including an open-bay
	dormitory, the department [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 department [commission] shall consider the age of a
	juvenile correctional officer or other department [commission]
	employee who performs direct supervisory duties when determining
	the placement of the officer or employee in a department
	[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 department [commission] shall rotate the assignment
	of each juvenile correctional officer at an interval determined by
	the department [commission] so that a juvenile correctional officer
	is not assigned to the same station for an extended period of time.
	(g)  The department [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 board [commission] shall adopt rules necessary to
	administer this section.
	Sec. 242.010 [61.0357].  REQUIRED BACKGROUND AND CRIMINAL
	HISTORY CHECKS.  (a)  In this section, "national[:
	[(1)     "Department" means the Department of Public
	Safety.
	[(2)  "National] criminal history record information"
	means criminal history record information obtained from the
	Department of Public Safety [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 [commissioner] shall review the
	national criminal history record information, state criminal
	history record information maintained by the Department of Public
	Safety [department], and previous and current employment
	references of each person who:
	(1)  is an employee, contractor, volunteer, ombudsman,
	or advocate working for the department [commission] or working in a
	department [commission] facility or a facility under contract with
	the department [commission];
	(2)  provides direct delivery of services to children
	in the custody of the department [commission]; or
	(3)  has access to records in department [commission]
	facilities or offices.
	(c)  To enable the executive director [commissioner] to
	conduct the review, the board [commission] shall adopt rules
	requiring a person described by Subsection (b) to electronically
	provide the Department of Public Safety [department] with a
	complete set of the person's fingerprints in a form and of a quality
	acceptable to the Department of Public Safety [department] and the
	Federal Bureau of Investigation.
	(d)  For each person described by Subsection (b), the
	executive director [commissioner] shall review on an annual basis
	the person's national criminal history record information.
	(e)  The department [commission] shall ensure that the
	system used to check state criminal history record information
	maintained by the Department of Public Safety [department] is
	capable of providing real time arrest information.
	(f)  The board [commission] by rule may require a person
	described by Subsection (b) to pay a fee related to the first
	national criminal history record information review conducted
	under this section.  The amount of the fee may not exceed the
	administrative costs incurred by the department [commission] in
	conducting the initial review, including the costs of obtaining the
	person's fingerprints.
	(g)  The board [commission] shall adopt rules necessary to
	administer this section.
	Sec. 242.011.  BIENNIAL BUDGET.  The executive director
	shall prepare a biennial budget of all funds necessary to be
	appropriated by the legislature to the department to carry out the
	purposes of this subtitle.  The budget shall be submitted and filed
	by the executive director in the form and manner and within the time
	prescribed by law.
	SUBCHAPTER B.  SECURE FACILITIES; SERVICES
	Sec. 242.051.  ADMINISTRATION OF INSTITUTIONS; CHARGE OF
	CHILDREN.  (a)  The department shall:
	(1)  administer the training, diagnostic treatment,
	and supervisory facilities and services of the state for children
	committed to the department; and
	(2)  manage and direct all institutions and training
	school facilities under the authority of the department.
	(b)  The department shall have general charge of and be
	responsible for the welfare, custody, and rehabilitation of the
	children in a school, facility, or program operated or funded by the
	department. The department shall seek to establish relationships
	and to organize a way of life that will meet the spiritual, moral,
	physical, emotional, intellectual, and social needs of the children
	under the department's care as those needs would be met in an
	adequate home.
	(c)  The department shall see that the buildings and premises
	are kept in good sanitary condition.
	Sec. 242.052.  BUILDINGS AND IMPROVEMENTS.  (a)  The
	department may design, construct, equip, furnish, and maintain
	buildings and improvements at facilities under the department's
	jurisdiction.
	(b)  The department may employ architects or engineers, or
	both, to prepare plans and specifications and to supervise the
	construction and improvements described by Subsection (a).
	(c)  The board shall promulgate rules relating to the award
	of contracts for the construction of buildings and improvements.
	The rules shall provide for the award of contracts for the
	construction of buildings and improvements to the qualified bidder
	making the lowest and best bid. A construction contract may not be
	awarded for a sum in excess of the amount of funds available for the
	project. The department may reject any and all bids submitted.
	(d)  If a project is financed wholly or partly by federal
	funds, any standards required by the enabling federal statute or
	required by the rules of the administering federal agency control
	over this section.
	(e)  The department may employ professional, technical, and
	clerical personnel to carry out the design and construction
	functions required by this section.
	[Sec.   61.036.     COOPERATION WITH OTHER AGENCIES.   (a)     The
	commission shall cooperate with all existing agencies and encourage
	the establishment of new programs, both local and statewide, the
	object of which is services to delinquent and predelinquent youth
	of this state.
	[(b)     The commission may assist in developing,
	strengthening, and coordinating educational, welfare, health,
	recreational, and law-enforcement programs which have as their
	object the prevention of juvenile delinquency and crime.]
	Sec. 242.053 [61.037].  USE OF EXISTING INSTITUTIONS AND
	AGENCIES.  (a)  In carrying out the department's [its] duties, the
	department [commission] may make use of law-enforcement,
	detention, supervisory, medical, educational, correctional, and
	other facilities, institutions, and agencies in the state. This
	section does not authorize the department [commission] to assume
	control of any other agency, institution, or facility in the state,
	or to require any agency, institution, or facility to serve the
	department [commission] in a manner inconsistent with the [its]
	authority or function of the agency, institution, or facility or
	with any law or regulation governing the [its] activity of the
	agency, institution, or facility.
	(b)  When funds are available for the purpose, the department
	[commission] may enter into agreements with appropriate public or
	private agencies for the separate care and treatment of persons
	subject to the control of the department [commission]. The
	department [commission] may not make use of any private institution
	or agency without its consent. The department [commission] shall
	make reasonable efforts to ensure that the expenditure of
	appropriations for the purchase of contract residential care for
	children, not including the purchase of care in foster family
	homes, be allocated to providers on a fixed monthly basis if that
	allocation [it] is cost-effective and the number, type, needs, and
	conditions of the children to be served is reasonably constant.
	(c)  The department [commission] shall periodically inspect
	all public and private institutions and agencies whose facilities
	the department [it] is using. Every public and private institution
	and agency shall allow [afford to] the department [commission]
	reasonable opportunity to examine and consult with children who
	have been committed to the department [commission] and who are in
	the custody of the institution or agency.
	(d)  Placement of a child in, or the release of a child by,
	any institution not operated by the department [commission] does
	not terminate the authority of the department [commission] over the
	child. No child placed in an institution or under an agency by the
	department [commission] may be released by the institution or
	agency without the approval of the department [commission].
	Sec. 242.054 [61.038].  HALFWAY HOUSE PROGRAM.  (a)  The
	department [commission] may not develop a halfway house to be
	operated by the department [commission] if an appropriate private
	halfway house program is contractually available and the costs
	under the contract are less than the costs would be if the
	department [commission] provided the services.
	(b)  Before the department [commission] contracts for the
	development of a halfway house program, the department [commission]
	shall send prospective service providers a request for a proposal
	that identifies the program services desired, the population to be
	served, and potential locations for the program. The department
	[commission] shall select the service provider that submits the
	proposal that best meets the department's [commission's] needs
	according to standards established by the department [commission].
	If the department [commission] does not receive a proposal that
	meets its needs, the department [commission] may request funds from
	the legislature for the development of a halfway house to be
	operated by the department [commission].
	(c)  This section does not apply to halfway houses operated
	by the department [commission] on September 1, 1987.
	Sec. 242.055 [61.0385].  CRISIS INTERVENTION AND ASSESSMENT
	CENTERS.  The department [commission] may establish a children's
	crisis intervention and assessment center at a facility owned or
	operated by the department [commission]. The department
	[commission] may contract with another entity for the provision or
	use of services at the center.
	Sec. 242.056 [61.0386].  ADVOCACY AND SUPPORT GROUPS.
	(a)  The department [commission] shall allow advocacy and support
	groups whose primary functions are to benefit children, inmates,
	girls and women, the mentally ill, or [and] victims of sexual
	assault to provide on-site information, support, and other services
	for children confined in department [commission] facilities.
	(b)  The department [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
	department [commission] facilities.
	(c)  The department [commission] shall adopt standards
	consistent with standards adopted by the Texas Department of
	Criminal Justice regarding the confidential correspondence of
	children confined in department [commission] facilities with
	external entities, including advocacy and support groups.
	Sec. 242.057 [61.039].  DEPARTMENT [COMMISSION] PROGRAMS.
	(a)  The department [commission] shall develop and use standards
	based on performance to evaluate and compare programs operated by
	the department [commission].
	(b)  When practicable and feasible, the department
	[commission] shall provide specific performance standards for a
	program serving 10 or more children through an agreement entered
	into under Section 242.053 [61.037 of this chapter]. In the
	performance standards, the department [commission] shall include
	outcome measures for evaluating the quality of services provided
	under the agreement.
	(c)  For the purposes of comparison, the department
	[commission] shall use performance standards that are as consistent
	as practicable with those used to evaluate and compare programs
	operated by the department [commission], that measure the benefits
	and cost-effectiveness of the respective programs, and that measure
	the average length of stay and rate of recidivism of the children in
	the program.
	Sec. 242.058 [61.0395].  SERVICES FOR CHILDREN NOT
	COMMITTED TO THE DEPARTMENT [COMMISSION].  The department
	[commission] may provide services to a child not committed to the
	department [commission] if the department [commission] contracts
	with a local juvenile probation department, the Health and [Texas
	Department of] Human Services Commission, or the Department of
	Family and Protective [and Regulatory] Services to provide services
	to the child.
	Sec. 242.059 [61.040].  ADDITIONAL FACILITIES; PAROLE
	SUPERVISION.  When funds are available, the department [commission]
	may:
	(1)  establish and operate places for detention and
	diagnosis of children committed to it;
	(2)  establish and operate additional treatment and
	training facilities, including forestry or parks-maintenance camps
	and ranches, necessary to classify and treat children committed to
	the department [commission] according to their needs;
	(3)  establish active parole supervision to aid
	children given conditional release to find homes and employment and
	to become reestablished in the community; and
	(4)  assist in establishing training facilities and
	programs owned and operated by private individuals or organizations
	which agree to provide services to children committed to the
	department [commission], including programs for children needing
	long-term residential care.
	Sec. 242.060 [61.0401].  COMPUTATION OF DAILY COSTS OF
	FACILITY.  In computing the daily costs of a residential facility
	operated by the department [commission], the department
	[commission] shall use a standard method that is:
	(1)  consistent with methods used by other state
	agencies; and
	(2)  [that is] designed to reflect the actual cost to
	the state of operating the facility.
	Sec. 242.061 [61.041.     STUDY OF TREATMENT METHODS;
	STATISTICAL RECORDS.   (a)     The commission shall conduct continuing
	inquiry into the effectiveness of the treatment methods it employs
	in the reformation of children. To this end, the commission shall
	maintain a record of arrests and commitments of its wards
	subsequent to their discharge from the jurisdiction of the
	commission and shall tabulate, analyze, and publish biennially
	these data for use in evaluating the relative merits of treatment
	methods.
	[(b)     The commission shall cooperate with courts and private
	and public agencies in the collection of statistics and information
	regarding juvenile delinquency, arrests made, complaints,
	informations, and petitions filed, and the dispositions made of
	them, and other information useful in determining the amount and
	causes of juvenile delinquency in this state.
	[Sec.  61.042].  REFERRALS FROM FEDERAL COURT.  The
	department [commission] may enter into agreements with the federal
	government to accept children from the federal court for an agreed
	compensation.
	Sec. 242.062  [61.0421.     PUBLIC INTEREST INFORMATION.   The
	commission shall prepare information of public interest describing
	the functions of the commission and describing the procedures by
	which complaints are filed with and resolved by the commission. The
	commission shall make the information available to the general
	public and appropriate state agencies.
	[Sec.   61.0422.     COMPLAINTS REGARDING SERVICES. (a)     The
	commission shall maintain a system to promptly and efficiently act
	on a complaint filed with the commission by a person, other than a
	child receiving services from the commission or the child's parent
	or guardian, that the commission has authority to resolve.   The
	commission 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 the
	disposition of the complaint.
	[(b)     The commission shall make information available
	describing the commission's procedures for complaint investigation
	and resolution.
	[(c)     The commission shall periodically notify the complaint
	parties of the status of the complaint until final disposition,
	unless the notice would jeopardize an undercover investigation.
	[(d)     The commission shall keep information about each
	written complaint filed with the commission by a child receiving
	services from the commission or the child's parent or guardian.   The
	information must include:
	[(1)  the subject matter of the complaint;
	[(2)     a summary of the results of the review or
	investigation of the complaint; and
	[(3)     the period of time between the date the complaint
	is received and the date the complaint is closed.
	[Sec.   61.0423.     PUBLIC HEARINGS. (a)     The board shall
	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 commission.
	[(b)     The board shall ensure that the location of public
	hearings held in accordance with this section is rotated between
	municipalities in which a commission facility is located or that
	are in proximity to a commission facility.
	[Sec.   61.043.     GIFTS; GRANTS.   The commission may accept
	gifts, grants, or donations of money or property from private
	sources to effectuate the purpose of this chapter. Donated funds
	shall be placed in the state treasury in a special fund called the
	Texas Youth Commission Fund and expended as other state money is
	expended, on warrants drawn by the comptroller on the order of the
	commission. At the end of each state fiscal year, any unexpended
	balance in the fund shall be carried over in the same fund.
	[Sec. 61.0431].  SPECIAL ACCOUNTS.  (a)  Proceeds from the
	operation of canteens and vending machines at facilities under the
	jurisdiction of the department [commission] shall be deposited to
	the credit of a special account in the General Revenue Fund called
	the canteen revolving fund. The proceeds shall be used to pay the
	actual expenses of maintaining and operating the canteens and
	vending machines.
	(b)  Proceeds in excess of the amount required for the
	[those] expenses described by Subsection (a), donations for student
	activities, and proceeds from children's fundraising projects
	shall be deposited to the credit of a special account in the General
	Revenue Fund called the student benefit fund and may be used only
	to:
	(1)  provide education, recreation, and entertainment
	to children committed to the department [commission]; or
	(2)  reimburse children committed to the department
	[commission] for personal property lost or damaged as a result of
	negligence by the staff of the department [commission].
	(c) [(b)]  Proceeds from shop projects at the facilities
	under the department's [commission's] jurisdiction shall be
	deposited to the credit of a special account in the General Revenue
	Fund called the vocational shop fund and may be used only to:
	(1)  purchase and maintain parts, tools, and other
	supplies necessary for the shop projects; and
	(2)  [to] compensate the students who participate in
	the projects.
	(d) [(c)]  Registration fees from seminars and conferences
	conducted by the department [commission] shall be deposited to the
	credit of a special account in the General Revenue Fund called the
	conference account and may be used only to pay the costs of
	conducting seminars and conferences.
	(e) [(d)]  Money in the special accounts described by this
	section is appropriated for the purposes indicated in this section
	and shall be expended on warrants drawn by the comptroller on the
	order of the department [commission].
	Sec. 242.063 [61.0432].  STUDENT TRUST FUND; CONTRABAND
	MONEY.  (a)  Except as provided by Subsection (b), money belonging
	to a child committed to the department [commission] in excess of the
	amount the department [commission] allows in a child's possession
	shall be deposited in a trust fund established by the facility
	operated by the department [commission] to which the child is
	assigned.  The board [commission] shall adopt rules governing the
	administration of the trust fund.
	(b)  Money possessed by a child committed to the department
	[commission] that is determined to be contraband money as defined
	by department [commission] rule shall be deposited in the student
	benefit fund described by Section 242.062(b) [61.0431].  The
	department [commission] shall notify each child committed to the
	department [commission] that the possession of contraband money is
	subject to confiscation by the department [commission] under this
	subsection.
	Sec. 242.064 [61.0433].  DEBIT CARD SUSPENSE ACCOUNTS.
	(a)  The department [commission] may establish debit card suspense
	accounts necessary to operate magnetic debit card systems at
	facilities under the jurisdiction of the department [commission] to
	enable the students, employees, and visitors to make purchases of:
	(1)  merchandise from vending machines or canteens
	within the facilities;
	(2)  meals from cafeterias within the facilities; and
	(3)  services that the facilities are authorized to
	provide.
	(b)  Cash received from cash-to-card machines and amounts
	electronically transferred for card use from the students' trust
	fund accounts shall be deposited to debit card suspense accounts in
	local depositories and held pending card purchases.
	(c)  Transfers of cash based on card use for purchases of
	merchandise or services shall be made from the debit card suspense
	accounts to the appropriate vendors and to accounts in the state
	treasury in accordance with laws governing receipt of state
	revenues.
	(d)  Unused debit card balances shall be refunded to the card
	holders from the debit card suspense accounts.
	Sec. 242.065 [61.044.     BIENNIAL BUDGET.   The executive
	commissioner shall prepare a biennial budget of all funds necessary
	to be appropriated by the legislature to the commission to carry out
	the purposes of this chapter.   The budget shall be submitted and
	filed by the executive commissioner in the form and manner and
	within the time prescribed by law.
	[Sec.   61.045.     OPERATIONS OF PROGRAMS AND FACILITIES.
	(a)     The commission shall have general charge of and be responsible
	for the welfare, custody, and rehabilitation of the children in a
	school, facility, or program operated or funded by the commission.
	The commission shall seek to establish relationships and to
	organize a way of life that will meet the spiritual, moral,
	physical, emotional, intellectual, and social needs of the children
	under its care as those needs would be met in an adequate home.
	[(b)     The commission shall see that the buildings and
	premises are kept in good sanitary order.
	[Sec.   61.0451.     OFFICE OF INSPECTOR GENERAL. (a)     The
	office of inspector general is established at the commission for
	the purpose of investigating:
	[(1)     crimes committed by commission employees,
	including parole officers employed by or under a contract with the
	commission; and
	[(2)     crimes and delinquent conduct committed at a
	facility operated by the commission, a residential facility
	operated by another entity under a contract with the commission, or
	any facility in which a child committed to the custody of the
	commission is housed or receives medical or mental health
	treatment.
	[(b)     The office of inspector general shall prepare and
	deliver a report concerning the results of any investigation
	conducted under this section to:
	[(1)  the executive commissioner;
	[(2)  the advisory board;
	[(3)  the governor;
	[(4)  the lieutenant governor;
	[(5)  the speaker of the house of representatives;
	[(6)     the standing committees of the senate and house
	of representatives with primary jurisdiction over matters
	concerning correctional facilities;
	[(7)  the special prosecution unit;
	[(8)  the state auditor; and
	[(9)     any other appropriate state agency responsible
	for licensing or certifying commission employees or facilities.
	[(c)     The report prepared under Subsection (b) must include a
	summary of the actions performed by the office of inspector general
	in conducting the investigation, a statement of whether the
	investigation resulted in a finding that a criminal offense or
	delinquent conduct occurred, and a description of the finding.     The
	report is public information under Chapter 552, Government Code,
	only to the extent authorized under that chapter and other law.
	[(d)     The office of inspector general may employ and
	commission inspectors general as peace officers for the purpose of
	carrying out the duties described by this section.   An inspector
	general shall have all of the powers and duties given to peace
	officers under Article 2.13, Code of Criminal Procedure.
	[(e)     Peace officers employed and commissioned under
	Subsection (d) must:
	[(1)     be certified by the Commission on Law Enforcement
	Officer Standards and Education under Chapter 1701, Occupations
	Code; and
	[(2)     complete advanced courses relating to the duties
	of peace officers employed and commissioned under Subsection (d) as
	part of any continuing education requirements for the peace
	officers.
	[(f)     The executive commissioner shall select a commissioned
	peace officer as chief inspector general.     The chief inspector
	general is subject to the requirements of this section and may only
	be discharged for cause.
	[(g)     The chief inspector general shall on a quarterly basis
	prepare and deliver a report concerning the operations of the
	office of inspector general to:
	[(1)  the executive commissioner;
	[(2)  the advisory board;
	[(3)  the governor;
	[(4)  the lieutenant governor;
	[(5)  the speaker of the house of representatives;
	[(6)     the standing committees of the senate and house
	of representatives with primary jurisdiction over correctional
	facilities;
	[(7)  the state auditor; and
	[(8)  the comptroller.
	[(h)     A report prepared under Subsection (g) is public
	information under Chapter 552, Government Code, to the extent
	authorized under that chapter and other law, and the commission
	shall publish the report on the commission's Internet website.   A
	report must be both aggregated and disaggregated by individual
	facility and include information relating to:
	[(1)     the types of investigations conducted by the
	office of inspector general, such as whether an investigation
	concerned narcotics or an alleged incident of sexual abuse;
	[(2)     the relationship of a victim to a perpetrator, if
	applicable; and
	[(3)     the number of investigations conducted
	concerning suicides, deaths, and hospitalizations of children in
	the custody of the commission.
	[(i)     The office of inspector general shall immediately
	report to the executive director, the board, the governor's general
	counsel, and the state auditor:
	[(1)     any particularly serious or flagrant problem
	concerning the administration of a commission program or operation;
	or
	[(2)     any interference by the executive director, an
	employee of the commission, a facility described by Subsection
	(a)(2), or an officer or employee of a facility described by
	Subsection (a)(2) with an investigation conducted by the office.
	[Sec.   61.0452.     TOLL-FREE NUMBER.   (a)     The commission shall
	establish a permanent, toll-free number for the purpose of
	receiving any information concerning the abuse, neglect, or
	exploitation of children in the custody of the commission.
	[(b)  The office of inspector general shall ensure that:
	[(1)     the toll-free number is prominently displayed in
	each commission facility; and
	[(2)     children in the custody of the commission and
	commission employees have confidential access to telephones for the
	purpose of calling the toll-free number.
	[Sec. 61.046].  RELIGIOUS TRAINING.  The department
	[commission] shall provide for the religious and spiritual training
	of children in its custody according to the children's individual
	choices.
	Sec. 242.066 [61.0461].  EMPLOYMENT OR DESIGNATION OF
	CHAPLAIN AT CERTAIN DEPARTMENT [COMMISSION] FACILITIES.  The
	department [commission] shall ensure that a chaplain is employed or
	formally designated for each department [commission] correctional
	facility that is an institution.
	Sec. 242.067 [61.047].  VIOLENCE PREVENTION AND CONFLICT
	RESOLUTION EDUCATION.  The department [commission] shall provide
	education in violence prevention and conflict resolution that
	includes discussion of domestic violence and child abuse issues to
	all children in its custody.
	Sec. 242.068 [61.048.     BUILDINGS AND IMPROVEMENTS.
	(a)     The commission may design, construct, equip, furnish, and
	maintain buildings and improvements at facilities under its
	jurisdiction. The commission may employ architects or engineers,
	or both, to prepare plans and specifications and to supervise the
	construction and improvements. The commission shall promulgate
	rules relating to the award of contracts for the construction of
	buildings and improvements. The rules shall provide for the award
	of contracts for the construction of buildings and improvements to
	the qualified bidder making the lowest and best bid. A construction
	contract may not be awarded for a sum in excess of the amount of
	funds available for the project. The commission may reject any and
	all bids submitted.
	[(b)     If a project is financed in whole or in part by federal
	funds, any standards required by the enabling federal statute or
	required by the rules of the administering federal agency control
	over this section.
	[(c)     The commission may employ professional, technical, and
	clerical personnel to carry out the design and construction
	functions required by this section.
	[Sec. 61.050].  FIRE PROTECTION ACTIVITIES.  (a)  The
	department [commission] may perform fire protection, fire
	prevention, and fire suppression activities at department
	[commission] facilities.
	(b)  The department [commission] may prescribe circumstances
	under which, for the benefit of the public safety and welfare,
	department [commission] employees using department [commission]
	equipment may assist municipal or volunteer fire departments in the
	performance of fire protection, fire prevention, or fire
	suppression activities near department [commission] facilities.
	Sec. 242.069 [61.051].  CLIENT SERVICE CONTRACT STANDARDS.
	In each contract for the purchase of residential program-related
	client services, the department [commission] shall include:
	(1)  clearly defined contract goals, outputs, and
	measurable outcomes that relate directly to program objectives;
	(2)  clearly defined sanctions or penalties for failure
	to comply with or perform contract terms or conditions; and
	(3)  clearly specified accounting, reporting, and
	auditing requirements applicable to money received under the
	contract.
	Sec. 242.070 [61.052].  CONTRACT MONITORING.  The
	department [commission] shall establish a formal program to monitor
	residential program-related client services contracts made by the
	department [commission]. The department [commission] must:
	(1)  monitor compliance with financial and performance
	requirements using a risk assessment methodology; and
	(2)  obtain and evaluate program cost information to
	ensure that each cost, including an administrative cost, is
	reasonable and necessary to achieve program objectives.
	Sec. 242.071 [61.053.     MEDICAID BENEFITS.   The commission
	shall apply for benefits under the federal Medicaid program if
	application is cost effective in reducing health care costs
	incurred by the commission.
	[Sec. 61.054].  SALE OR LICENSE OF TREATMENT PROGRAMS.
	(a)  The department [commission] may sell or license to an
	individual or a private or public entity the right to use a
	treatment program developed by the department [commission].
	(b)  Proceeds from the sale or license of a treatment program
	shall be deposited to the credit of the fund that provided the money
	to finance the development of the treatment program.
	(c)  At the end of each fiscal year, any unexpended proceeds
	from the sale or license of a treatment program shall be carried
	over to the next fiscal year to the credit of the fund that provided
	the money to finance the development of the treatment program.
	SUBCHAPTER C.  ABUSE OR CRIMES COMMITTED AT DEPARTMENT
	FACILITIES OR BY DEPARTMENT EMPLOYEES
	Sec. 242.101 [61.055].  ZERO-TOLERANCE POLICY.  (a)  The
	department [commission] shall adopt and enforce a zero-tolerance
	policy concerning the detection, prevention, and punishment of the
	sexual abuse, including consensual sexual contact, of children in
	the custody of the department [commission].
	(b)  The department [commission] shall establish standards
	for reporting and collecting data on the sexual abuse of children in
	the custody of the department [commission].
	(c)  The department [commission] shall establish a procedure
	for children in the custody of the department [commission] and
	department [commission] employees to report incidents of sexual
	abuse involving a child in the custody of the department
	[commission].  The procedure must designate a person employed at
	the department [commission] facility in which the abuse is alleged
	to have occurred as well as a person who is employed at the
	department's [commission's] headquarters to whom a person may
	report an incident of sexual abuse.
	(d)  The department [commission] shall prominently display
	the following notice in the office of the chief administrator of
	each department [commission] facility, the employees' break room of
	each department [commission] facility, the cafeteria of each
	department [commission] facility, and at least six additional
	locations in each department [commission] facility:
	THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY
	REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF
	A CHILD IN THE CUSTODY OF THE DEPARTMENT [COMMISSION].  ANY SUCH
	VIOLATION MUST BE REPORTED TO __________.
	Sec. 242.102.  OFFICE OF INSPECTOR GENERAL. (a)  The office
	of inspector general is established at the department under the
	direction of the board for the purpose of investigating:
	(1)  crimes committed by department employees,
	including parole officers employed by or under a contract with the
	department; and
	(2)  crimes and delinquent conduct committed at a
	facility operated by the department, a residential facility
	operated by another entity under a contract with the department, or
	any facility in which a child committed to the custody of the
	department is housed or receives medical or mental health
	treatment.
	(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 board;
	(2)  the executive director;
	(3)  any applicable advisory board;
	(4)  the governor;
	(5)  the lieutenant governor;
	(6)  the speaker of the house of representatives;
	(7)  the standing committees of the senate and house of
	representatives with primary jurisdiction over matters concerning
	correctional facilities;
	(8)  the special prosecution unit;
	(9)  the state auditor; and
	(10)  any other appropriate state agency responsible
	for licensing or certifying department employees or facilities.
	(c)  The report prepared under Subsection (b) must include a
	summary of the actions performed by the office of inspector general
	in conducting the investigation, a statement of whether the
	investigation resulted in a finding that a criminal offense or
	delinquent conduct 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:
	(1)  operates directly under the authority of the
	board;
	(2)  is subject to the requirements of this section;
	and
	(3)  may only be discharged by the board 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 board;
	(2)  the executive director;
	(3)  any applicable advisory board;
	(4)  the governor;
	(5)  the lieutenant governor;
	(6)  the speaker of the house of representatives;
	(7)  the standing committees of the senate and house of
	representatives with primary jurisdiction over correctional
	facilities;
	(8)  the state auditor; and
	(9)  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 department
	shall publish the report on the department'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 department.
	(i)  The office of inspector general shall immediately
	report to the board, the governor's general counsel, and the state
	auditor:
	(1)  any particularly serious or flagrant problem
	concerning the administration of a department program or operation;
	or
	(2)  any interference by the executive director, an
	employee of the department, a facility described by Subsection
	(a)(2), or an officer or employee of a facility described by
	Subsection (a)(2) with an investigation conducted by the office.
	Sec. 242.103 [61.0455].  DETECTION AND MONITORING OF
	CELLULAR TELEPHONES. (a)  The department [commission] may own and
	the office of the inspector general may possess, install, operate,
	or monitor an electronic, mechanical, or other device, as defined
	by Article 18.20, Code of Criminal Procedure.
	(b)  The inspector general shall designate in writing the
	commissioned officers of the office of inspector general who are
	authorized to possess, install, operate, and monitor electronic,
	mechanical, or other devices for the department [commission].
	(c)  An investigative or law enforcement officer or other
	person, on request of the office of inspector general, may assist
	the office in the operation and monitoring of an interception of
	wire, oral, or electronic communications if the investigative or
	law enforcement officer or other person:
	(1)  is designated by the executive director
	[commissioner] for that purpose; and
	(2)  acts in the presence and under the direction of a
	commissioned officer of the inspector general.
	CHAPTER 243 [SUBCHAPTER D].  ADMISSION AND COMMITMENT; ESCAPE
	SUBCHAPTER A.  ADMISSION AND COMMITMENT
	Sec. 243.001 [61.061].  PLACEMENT IN DEPARTMENT
	[COMMISSION] FACILITIES.  (a)  The department [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 department [commission] determines that the placement is
	necessary to ensure the safety of children in the custody of the
	department [commission].  This subsection does not apply to a
	dormitory that is used exclusively for short-term assessment and
	orientation purposes.
	(b)  The board [commission] by rule shall adopt scheduling,
	housing, and placement procedures for the purpose of protecting
	vulnerable children in the custody of the department [commission].
	The procedures must address the age, physical condition, and
	treatment needs of a child as well as any other relevant factor.
	(c)  The department [commission] shall consider the
	proximity of the residence of a child's family in determining the
	appropriate department [commission] facility in which to place a
	child.
	Sec. 243.002 [61.062].  ESTABLISHMENT OF MINIMUM LENGTH OF
	STAY.  (a)  The department [commission] shall establish a minimum
	length of stay for each child committed to the department
	[commission] without a determinate sentence.
	(b)  In establishing a minimum length of stay for a child,
	the department [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. 243.003 [61.064].  CONVEYANCE OF CHILD TO DEPARTMENT
	[COMMISSION].  (a)  When a child is to be conveyed to a facility
	designated by the department [commission], the juvenile court shall
	assign an officer or other suitable person to accompany the child.
	The person assigned to accompany a female must be a woman.
	(b)  The cost of conveying the child shall be paid by the
	county from which the child is committed, except that[. However,]
	no compensation shall be allowed other than [except] for the actual
	and necessary expenses of the child and the person accompanying the
	child.
	Sec. 243.004 [61.065].  NOTIFICATION AND DUTY TO FURNISH
	INFORMATION.  (a)  When a juvenile court commits a child to the
	department [commission], the court shall forward to the department
	[commission] a certified copy of the order of commitment.
	(b)  The court, the probation officer, the prosecuting and
	police authorities, the school authorities, and other public
	officials shall make available to the department [commission] all
	pertinent information in their possession regarding the case.
	(c)  If requested by the department [commission], the
	reports required by this section shall be made on forms furnished by
	the department [commission] or according to an outline furnished by
	the department [commission].
	Sec. 243.005 [61.0651].  INFORMATION PROVIDED BY COMMITTING
	COURT.  In addition to the information provided under Section
	243.004 [61.065], a court that commits a child to the department
	[commission] shall provide the department [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.
	Sec. 243.006 [61.066].  COMMITMENT RECORDS.  A commitment to
	the department [commission] may not be received in evidence or used
	in any way in any proceedings in any court except in:
	(1)  subsequent proceedings under Title 3 of the Family
	Code against the same child;
	(2)  imposing sentence in any criminal proceedings
	against the same person; or
	(3)  subsequent civil commitment proceedings under
	Chapter 841, Health and Safety Code, regarding the same person.
	Sec. 243.007 [61.067].  INFORMATION PROVIDED TO COMMITTING
	COURT. (a)  If a court that commits a child to the department
	[commission] requests, in the commitment order, that the department
	[commission] keep the court informed of the progress the child is
	making while committed to the department [commission], the
	department [commission] shall provide the court with periodic
	updates on the child's progress.
	(b)  A report provided under Subsection (a) may include any
	information the department [commission] determines to be relevant
	in evaluating the child's progress, including, as applicable,
	information concerning the child's treatment, education, and
	health.
	(c)  A report provided under this section may not include
	information that is protected from disclosure under state or
	federal law.
	SUBCHAPTER B.  ESCAPE AND VIOLATION OF RELEASE CONDITIONS
	Sec. 243.051.  APPREHENSION AFTER ESCAPE OR VIOLATION OF
	RELEASE CONDITIONS.  (a)  If a child who has been committed to the
	department and placed by the department in any institution or
	facility has escaped or has been released under supervision and
	broken the conditions of release:
	(1)  a sheriff, deputy sheriff, constable, or police
	officer may, without a warrant, arrest the child; or
	(2)  a department employee designated by the executive
	director may, without a warrant or other order, take the child into
	the custody of the department.
	(b)  A child who is arrested or taken into custody under
	Subsection (a) may be detained in any suitable place, including an
	adult jail facility if the person is 17 years of age or older, until
	the child is returned to the custody of the department or
	transported to a department facility.
	(c)  Notwithstanding Section 58.005, Family Code, the
	department may disseminate to the public the following information
	relating to a child who has escaped from custody:
	(1)  the child's name, including other names by which
	the child is known;
	(2)  the child's physical description, including sex,
	weight, height, race, ethnicity, eye color, hair color, scars,
	marks, and tattoos;
	(3)  a photograph of the child; and
	(4)  if necessary to protect the welfare of the
	community, any other information that reveals dangerous
	propensities of the child or expedites the apprehension of the
	child.
	Sec. 243.052.  APPREHENSION SPECIALISTS.  (a)  The
	department may employ and commission apprehension specialists as
	peace officers for the purpose of apprehending a child under
	Section 243.051.
	(b)  Peace officers employed and commissioned under
	Subsection (a) must be certified by the Texas Commission on Law
	Enforcement Officer Standards and Education under Chapter 1701,
	Occupations Code.
	CHAPTER 244 [SUBCHAPTER E].  CARE AND TREATMENT OF CHILDREN
	SUBCHAPTER A.  GENERAL CARE AND TREATMENT OF CHILDREN
	Sec. 244.001 [61.071].  INITIAL EXAMINATION.  (a)  The
	department [commission] shall examine and make a study of each
	child committed to it within three business days [as soon as
	possible] after commitment.  The study shall be made according to
	rules established by the board [commission] and shall include:
	(1)  long-term and specialized treatment planning for
	the child; and
	(2)  consideration of the child's:
	(A)  medical history;[,]
	(B)  substance abuse;[, and]
	(C)  treatment history;[, including the child's]
	(D)  psychiatric history; [and substance abuse
	history]
	(E)  sex offender history; and
	(F)  violent offense history.
	(a-1)  As soon as possible, the department shall develop a
	written treatment plan for the child which outlines the specialized
	treatment needs identified by the study described by Subsection
	(a), makes recommendations for meeting the child's specialized
	treatment needs, and makes an individually tailored statement of
	treatment goals, objectives, and timelines.
	(b)  For a child for whom a minimum length of stay is
	established under Section 243.002 [61.062] of one year or longer,
	the initial examination must include a comprehensive psychiatric
	evaluation unless the department had received the results of a
	comprehensive evaluation of the child conducted not more than 90
	days before the date of the initial examination.
	(c)  The department [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 department
	[commission] shall as soon as practicable conduct a psychiatric evaluation of the child.
	(d)  The board shall establish rules for the periodic review
	and reevaluation of the written treatment plan as described by
	Subsection (a-1).
	Sec. 244.002 [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.
	[Sec.  61.072].  REEXAMINATION.  (a)  The department
	[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 department [commission] concerning the child should be
	modified or continued.
	(b)  The reexamination [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.
	(c)  The reexamination [examination] of a child may be made
	as frequently as the department [commission] considers necessary,
	but shall be made at intervals not exceeding six months.
	Sec. 244.003  [61.073].  RECORDS OF EXAMINATIONS AND
	TREATMENT.  (a)  The department [commission] shall keep written
	records of all examinations and conclusions based on them and of all
	orders concerning the disposition or treatment of each child
	subject to its control.
	(b)  Except as provided by Section 243.051(c) [61.093(c)],
	these records and all other information concerning a child,
	including personally identifiable information, are not public and
	are available only according to the provisions of Section 58.005,
	Family Code, Section 244.051 [61.0731, Human Resources Code], and
	Chapter 61, Code of Criminal Procedure.
	Sec. 244.004  [61.0731.     INFORMATION AVAILABLE TO CHILDREN,
	PARENTS, AND OTHERS. (a)     In the interest of achieving the purpose
	of the commission and protecting the public, the commission may
	disclose records and other information concerning a child to the
	child and the child's parent or guardian only if disclosure would
	not materially harm the treatment and rehabilitation of the child
	and would not substantially decrease the likelihood of the
	commission receiving information from the same or similar sources
	in the future. Information concerning a person who is age 18 or
	older may not be disclosed to the person's parent or guardian
	without the person's consent.
	[(b)     The commission may disclose information regarding a
	child's location and committing court to a person having a
	legitimate need for the information.
	[(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.
	[(d)     Notwithstanding Subsection (a), if the Department of
	Family and Protective Services has been appointed managing
	conservator for a child, the commission shall disclose records and
	other information concerning the child to the department as
	provided by department rules.
	[Sec.  61.074].  FAILURE TO EXAMINE OR REEXAMINE.
	(a)  Failure of the department [commission] to examine or reexamine
	a child as required by this subchapter [chapter] does not entitle
	the child to be discharged from the control of the department
	[commission], but the child may petition the committing court for
	discharge.
	(b)  After due notice to the department [commission], the
	committing court shall discharge the child from the control of the
	department [commission] unless the department [commission]
	satisfies the court that further control is necessary.
	Sec. 244.005 [61.075].  DETERMINATION OF TREATMENT.  When a
	child has been committed to the department [commission], the
	department [commission] may:
	(1)  permit the child liberty under supervision and on
	conditions the department [it] believes conducive to acceptable
	behavior;
	(2)  order the child's confinement under conditions the
	department [it] believes best designed for the child's welfare and
	the interests of the public;
	(3)  order reconfinement or renewed release as often as
	conditions indicate to be desirable;
	(4)  revoke or modify any order of the department
	[commission] affecting a child, except an order of final discharge,
	as often as conditions indicate; or
	(5)  discharge the child from control when the
	department [it] is satisfied that discharge will best serve the
	child's welfare and the protection of the public.
	Sec. 244.006 [61.0751.     SUBPOENAS.   (a)     A hearings
	examiner appointed by the commission may issue a subpoena requiring
	the attendance of a witness or the production of any record, book,
	paper, or document the hearings examiner considers necessary for a
	determination of treatment under Section 61.075.
	[(b)     The hearings examiner may sign a subpoena and
	administer an oath.
	[(c)     A peace officer, apprehension specialist, parole
	officer, or other commission official may serve the subpoena in the
	same manner as similar process in a court of record having original
	jurisdiction of criminal actions is served.
	[(d)     A person who testifies falsely, fails to appear when
	subpoenaed, or fails or refuses to produce material under the
	subpoena is subject to the same orders and penalties to which a
	person taking those actions before a court is subject.
	[(e)     On application of the commission, a court of record
	having original jurisdiction of criminal actions may compel the
	attendance of a witness, the production of material, or the giving
	of testimony before the hearings examiner, by an attachment for
	contempt or in the same manner as the court may otherwise compel the
	production of evidence.
	[Sec.  61.076].  TYPE OF TREATMENT PERMITTED.  (a)  As a
	means of correcting the socially harmful tendencies of a child
	committed to the department [it], the department [commission] may:
	(1)  require the child to participate in moral,
	academic, vocational, physical, and correctional training and
	activities;
	(2)  require the modes of life and conduct that seem
	best adapted to fit the child for return to full liberty without
	danger to the public;
	(3)  provide any medical or psychiatric treatment that
	is necessary; and
	(4)  place physically fit children in
	parks-maintenance camps, forestry camps, or ranches owned by the
	state or the United States and require the performance of suitable
	conservation and maintenance work.
	(b)  The dominant purpose of placing children in camps is to
	benefit and rehabilitate the children rather than to make the camps
	self-sustaining. Children placed in camps may not be exploited.
	Sec. 244.007 [61.0761].  FAMILY PROGRAMS.  The department
	[commission] shall develop programs that encourage family
	involvement in the rehabilitation of the child.
	Sec. 244.0075 [61.07611].  RESTRAINT OF PREGNANT JUVENILE.
	(a)  The department [commission] may not use restraints to control
	the movement of a pregnant child who is committed to the department
	[commission] at any time during which the child is in labor or
	delivery or recovering from delivery, unless the executive director
	or executive director's designee determines that the use of
	restraints is necessary to:
	(1)  ensure the safety and security of the child or her
	infant, department [commission] or medical personnel, or any member
	of the public; or
	(2)  prevent a substantial risk that the child will
	attempt escape.
	(b)  If a determination to use restraints is made under
	Subsection (a), the type of restraint used and the manner in which
	the restraint is used must be the least restrictive available under
	the circumstances to ensure safety and security or to prevent
	escape.
	Sec. 244.008 [61.0762].  INFANT CARE AND PARENTING PROGRAM.
	(a)  In this section, "child" means the child of a person who is
	committed to the department [commission].
	(b)  The department [commission] may establish child care
	and parenting programs for persons committed to the department
	[commission] who are parents.
	(c)  The department [commission] may permit a mother to have
	possession of her child in a residential program that has an infant
	care and parenting program or to have possession of her child in a
	department-funded [commission-funded] independent living
	residence for up to six months if:
	(1)  the child's father or another relative or guardian
	of the child agrees in advance of the child's placement with the
	child's mother to assume possession of the child immediately upon
	notice by the department [commission] to do so;
	(2)  the child's parents and any other person having a
	duty of support acknowledge that by permitting the mother to have
	possession of the child while the mother is confined in a
	residential facility or placed in an independent living residence,
	the department [commission] assumes no responsibility for the
	child's care beyond the responsibility of care that is ordinarily
	due the child's mother and the reasonable accommodations that are
	necessary for the mother's care of her child;
	(3)  the child's parents and any other person having a
	duty of support agree to indemnify and hold the department
	[commission] harmless from any claims that may be made against the
	department [commission] for the child's support, including medical
	support; and
	(4)  the department [commission] determines that the
	placement is in the best interest of both the mother and her child.
	Sec. 244.009.  HEALTH CARE DELIVERY SYSTEM.  (a)  In
	providing medical care, behavioral health care, or rehabilitation
	services, the department 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 department, 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.
	Sec. 244.010 [61.0763.     RIGHTS OF PARENTS. (a)     The
	commission, in consultation with advocacy and support groups such
	as those described in Section 61.0386(a), shall develop a parent's
	bill of rights for distribution to the parent or guardian of a child
	who is under 18 years of age and committed to the commission.   The
	parent's bill of rights must include:
	[(1)     a description of the commission's grievance
	policies and procedures, including contact information for the
	office of inspector general and the office of the independent
	ombudsman established under Chapter 64;
	[(2)     a list of possible incidents that require
	parental notification;
	[(3)     policies concerning visits and telephone
	conversations with a child committed to the commission;
	[(4)     a description of commission caseworker
	responsibilities;
	[(5)     a statement that the commission caseworker
	assigned to a child may assist the child's parent or guardian in
	obtaining information and services from the commission and other
	resources concerning:
	[(A)     counseling, including substance abuse and
	mental health counseling;
	[(B)     assistance programs, including financial
	and travel assistance programs for visiting a child committed to
	the commission;
	[(C)  workforce preparedness programs;
	[(D)  parenting programs; and
	[(E)  commission seminars; and
	[(6)     information concerning the indeterminate
	sentencing structure at the commission, an explanation of reasons
	that a child's commitment at the commission could be extended, and
	an explanation of the review process under Sections 61.0815 and
	61.0816 for a child committed to the commission without a
	determinate sentence.
	[(b)     Not later than 48 hours after the time a child is
	admitted to a commission facility, the commission shall mail to the
	child's parent or guardian at the last known address of the parent
	or guardian:
	[(1)  the parent's bill of rights; and
	[(2)     the contact information of the commission
	caseworker assigned to the child.
	[(c)     The commission shall on a quarterly basis provide to
	the parent, guardian, or designated advocate of a child who is in
	the custody of the commission a report concerning the progress of
	the child at the commission, including:
	[(1)     the academic and behavioral progress of the
	child; and
	[(2)     the results of any reexamination of the child
	conducted under Section 61.072.
	[(d)     The commission shall ensure that written information
	provided to a parent or guardian regarding the rights of a child in
	the custody of the commission or the rights of a child's parent or
	guardian, including the parent's bill of rights, is clear and easy
	to understand.
	[(e)     The commission shall ensure that if the Department of
	Family and Protective Services has been appointed managing
	conservator of a child, the department is given the same rights as
	the child's parent under the parent's bill of rights developed under
	this section.
	[Sec. 61.0764].  DEPARTMENT [COMMISSION] CASEWORKERS.
	(a)  The department [commission] shall assign a caseworker to a
	child committed to the department [commission].  A department
	[commission] caseworker shall:
	(1)  explore family issues and needs with the parent or
	guardian of a child committed to the department [commission];
	(2)  as needed, provide the parent or guardian of a
	child committed to the department [commission] with information
	concerning programs and services provided by the department
	[commission] or another resource; and
	(3)  perform other duties required by the department
	[commission].
	(b)  A department [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.
	[Sec.   61.0765.     REPORTING CONCERNING RESEARCH PROGRAMS OR
	STUDIES. (a)     The commission shall keep records relating to
	children committed to it that participate in research programs or
	studies.
	[(b)     The records must show, for each calendar quarter and
	for each calendar year:
	[(1)     the number of children participating in research
	programs or studies for the appropriate reporting period;
	[(2)     the type of research program or study in which
	each child is participating;
	[(3)     the name of the principal investigator conducting
	the research program or study; and
	[(4)     the entity sponsoring the research program or
	study.
	[(c)     The commission shall submit a report that contains the
	information in the records kept under Subsection (b) on or before
	the 15th day after the last day of the appropriate reporting period
	to the:
	[(1)  governor;
	[(2)  lieutenant governor;
	[(3)  speaker of the house of representatives; and
	[(4)  members of the legislature.
	[(d)     A report submitted under this section is public
	information under Chapter 552, Government Code.]
	Sec. 244.0105 [61.0766].  REPORT CONCERNING FOSTER CHILDREN
	COMMITTED TO DEPARTMENT [COMMISSION]. (a)  Not later than the 10th
	day before the date of a permanency hearing under Subchapter D,
	Chapter 263, Family Code, or a placement review hearing under
	Subchapter F, Chapter 263, Family Code, regarding a child for whom
	the Department of Family and Protective Services has been appointed
	managing conservator, a department [commission] caseworker shall
	submit a written report regarding the child's commitment to the
	department [commission] to:
	(1)  the court;
	(2)  the Department of Family and Protective Services;
	(3)  any attorney ad litem or guardian ad litem
	appointed for the child; and
	(4)  any volunteer advocate appointed for the child.
	(b)  The report required by Subsection (a) must include:
	(1)  the results of any assessments of the child during
	the child's commitment to the department [commission], including
	assessments of the child's emotional, mental, educational,
	psychological, psychiatric, medical, or physical needs;
	(2)  information regarding the child's placement in
	particular programs administered by the department [commission];
	and
	(3)  a description of the child's progress in programs
	administered by the department [commission].
	Sec. 244.0106 [61.0767].  RULES REGARDING SERVICES FOR
	FOSTER CHILDREN. (a)  The board [commission] and the executive
	commissioner of the Health and Human Services Commission shall
	jointly adopt rules to ensure that a child for whom the Department
	of Family and Protective Services has been appointed managing
	conservator receives appropriate services while the child is
	committed to the department [commission] or released under
	supervision by the department [commission].
	(b)  The rules adopted under this section must require the
	department [commission] and the Department of Family and Protective
	Services to cooperate in providing appropriate services to a child
	for whom the Department of Family and Protective Services has been
	appointed managing conservator while the child is committed to the
	department [commission] or released under supervision by the
	department [commission], including:
	(1)  medical care, as defined by Section 266.001,
	Family Code;
	(2)  mental health treatment and counseling;
	(3)  education, including special education;
	(4)  case management;
	(5)  drug and alcohol abuse assessment or treatment;
	(6)  sex offender treatment; and
	(7)  trauma informed care.
	(c)  The rules adopted under this section must require:
	(1)  the Department of Family and Protective Services
	to:
	(A)  provide the department [commission] with
	access to relevant health and education information regarding a
	child; and
	(B)  require a child's caseworker to visit the
	child in person at least once each month while the child is
	committed to the department [commission];
	(2)  the department [commission] to:
	(A)  provide the Department of Family and
	Protective Services with relevant health and education information
	regarding a child;
	(B)  permit communication, including in person,
	by telephone, and by mail, between a child committed to the
	department [commission] and:
	(i)  the Department of Family and Protective
	Services; and
	(ii)  the attorney ad litem, the guardian ad
	litem, and the volunteer advocate for the child; and
	(C)  provide the Department of Family and
	Protective Services and any attorney ad litem or guardian ad litem
	for the child with timely notice of the following events relating to
	the child:
	(i)  a meeting designed to develop or revise
	the individual case plan for the child;
	(ii)  in accordance with any participation
	protocols to which the Department of Family and Protective Services
	and the department [commission] agree, a medical appointment at
	which a person authorized to consent to medical care must
	participate as required by Section 266.004(i), Family Code;
	(iii)  an education meeting, including
	admission, review, or dismissal meetings for a child receiving
	special education;
	(iv)  a grievance or disciplinary hearing
	for the child;
	(v)  a report of abuse or neglect of the
	child; and
	(vi)  a significant medical condition of the
	child, as defined by Section 266.005, Family Code; and
	(3)  the Department of Family and Protective Services
	and the department [commission] to participate in transition
	planning for the child through release from detention, release
	under supervision, and discharge.
	Sec. 244.011 [61.077].  CHILDREN WITH MENTAL ILLNESS OR
	MENTAL RETARDATION. (a)  The department [commission] shall accept
	a child committed to the department [commission] who is mentally
	ill or mentally retarded.
	(b)  Unless a child is committed to the department
	[commission] under a determinate sentence under Section
	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department
	[commission] shall discharge a child who is mentally ill or
	mentally retarded from its custody if:
	(1)  the child has completed the minimum length of stay
	for the child's committing offense; and
	(2)  the department [commission] determines that the
	child is unable to progress in the department's [commission's]
	rehabilitation programs because of the child's mental illness or
	mental retardation.
	(c)  If a child who is discharged from the department
	[commission] under Subsection (b) as a result of mental illness is
	not receiving court-ordered mental health services, the child's
	discharge is effective on the earlier of:
	(1)  the date the court enters an order regarding an
	application for mental health services filed under Section
	244.012(b) [61.0772(b)]; or
	(2)  the 30th day after the date the application is
	filed.
	(d)  If a child who is discharged from the department
	[commission] under Subsection (b) as a result of mental illness is
	receiving court-ordered mental health services, the child's
	discharge from the department [commission] is effective
	immediately. If the child is receiving mental health services
	outside the child's home county, the department [commission] shall
	notify the mental health authority located in that county of the
	discharge not later than the 30th day after the date that the
	child's discharge is effective.
	(e)  If a child who is discharged from the department
	[commission] under Subsection (b) as a result of mental retardation
	is not receiving mental retardation services, the child's discharge
	is effective on the earlier of:
	(1)  the date the court enters an order regarding an
	application for mental retardation services filed under Section
	244.012(b) [61.0772(c)]; or
	(2)  the 30th day after the date that the application is
	filed.
	(f)  If a child who is discharged from the department
	[commission] under Subsection (b) as a result of mental retardation
	is receiving mental retardation services, the child's discharge
	from the department [commission] is effective immediately.
	(g)  If a child who is mentally ill or mentally retarded is
	discharged from the department [commission] under Subsection (b),
	the child is eligible to receive continuity of care services from
	the Texas Correctional Office on Offenders with Medical or Mental
	Impairments under Chapter 614, Health and Safety Code.
	Sec. 244.012 [61.0772].  EXAMINATION BEFORE DISCHARGE.
	(a)  The department [commission] shall establish a system that
	identifies children in the department's [commission's] custody who
	are mentally ill or mentally retarded.
	(b)  Before a child who is identified as mentally ill is
	discharged from the department's [commission's] custody under
	Section 244.011(b) [61.077(b)], a department [commission]
	psychiatrist shall examine the child. The department [commission]
	shall refer a child requiring outpatient psychiatric treatment to
	the appropriate mental health authority. For a child requiring
	inpatient psychiatric treatment, the department [commission] shall
	file a sworn application for court-ordered mental health services,
	as provided in Subchapter C, Chapter 574, Health and Safety Code,
	if:
	(1)  the child is not receiving court-ordered mental
	health services; and
	(2)  the psychiatrist who examined the child determines
	that the child is mentally ill and the child meets at least one of
	the criteria listed in Section 574.034, Health and Safety Code.
	(c)  Before a child who is identified as mentally retarded
	under Chapter 593, Health and Safety Code, is discharged from the
	department's [commission's] custody under Section 244.011(b)
	[61.077(b)], the department [commission] shall refer the child for
	mental retardation services if the child is not receiving mental
	retardation services.
	Sec. 244.0125 [61.0773].  TRANSFER OF CERTAIN CHILDREN
	SERVING DETERMINATE SENTENCES FOR MENTAL HEALTH SERVICES. (a)  The
	department [commission] may petition the juvenile court that
	entered the order of commitment for a child for the initiation of
	mental health commitment proceedings if the child is committed to
	the department [commission] under a determinate sentence under
	Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code.
	(b)  A petition made by the department [commission] shall be
	treated as a motion under Section 55.11, Family Code, and the
	juvenile court shall proceed in accordance with Subchapter B,
	Chapter 55, Family Code.
	(c)  The department [commission] shall cooperate with the
	juvenile court in any proceeding under this section.
	(d)  The juvenile court shall credit to the term of the
	child's commitment to the department [commission] any time the
	child is committed to an inpatient mental health facility.
	(e)  A child committed to an inpatient mental health facility
	as a result of a petition filed under this section may not be
	released from the facility on a pass or furlough.
	(f)  If the term of an order committing a child to an
	inpatient mental health facility is scheduled to expire before the
	end of the child's sentence and another order committing the child
	to an inpatient mental health facility is not scheduled to be
	entered, the inpatient mental health facility shall notify the
	juvenile court that entered the order of commitment committing the
	child to the department [commission].  The juvenile court may
	transfer the child to the custody of the department [commission],
	transfer the child to the Texas Department of Criminal Justice, or
	release the child under supervision, as appropriate.
	Sec. 244.013 [61.078].  NOTICE OF PENDING DISCHARGE.  As
	soon as practicable after the department [commission] makes a
	decision to discharge a child or authorize the child's absence from
	the department's [its] custody, the department [commission] shall
	give notice of the department's [its] decision to the juvenile
	court and the office of the prosecuting attorney of the county in
	which the adjudication that the child engaged in delinquent conduct
	was made.
	Sec. 244.014 [61.079].  REFERRAL OF VIOLENT AND HABITUAL
	OFFENDERS FOR TRANSFER.  (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 years of
	age, the department [commission] may refer the child to the
	juvenile court that entered the order of commitment for approval of
	the child's transfer to 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 245.051
	[61.081], indicates that the welfare of the community requires the
	transfer.
	(b)  The department [commission] shall cooperate with the
	court on any proceeding on the transfer of the child.
	(c)  If a child is released under supervision, a juvenile
	court adjudication that the child engaged in delinquent conduct
	constituting a felony offense, a criminal court conviction of the
	child for a felony offense, or a determination under Section
	244.005(4) [61.075(4)] revoking the child's release under
	supervision is required before referral of the child to the
	juvenile court under Subsection (a).
	Sec. 244.015 [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 department [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
	department [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 department [commission] or who is
	transferred to the Texas Department of Criminal Justice before the
	child's 18th birthday.
	SUBCHAPTER B. PROVISION OF CERTAIN INFORMATION; RIGHTS OF PARENTS
	Sec. 244.051.  INFORMATION AVAILABLE TO CHILDREN, PARENTS,
	AND OTHERS. (a)  In the interest of achieving the purpose of the
	department and protecting the public, the department may disclose
	records and other information concerning a child to the child and
	the child's parent or guardian only if disclosure would not
	materially harm the treatment and rehabilitation of the child and
	would not substantially decrease the likelihood of the department
	receiving information from the same or similar sources in the
	future. Information concerning a person who is age 18 or older may
	not be disclosed to the person's parent or guardian without the
	person's consent.
	(b)  The department may disclose information regarding a
	child's location and committing court to a person having a
	legitimate need for the information.
	(c)  The department 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
	department.
	(d)  Notwithstanding Subsection (a), if the Department of
	Family and Protective Services has been appointed managing
	conservator for a child, the department shall disclose records and
	other information concerning the child to the Department of Family
	and Protective Services as provided by the rules of the Department
	of Family and Protective Services.
	Sec. 244.052.  RIGHTS OF PARENTS. (a)  The department, in
	consultation with advocacy and support groups such as those
	described in Section 242.056(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 department.  The parent's
	bill of rights must include:
	(1)  a description of the department's grievance
	policies and procedures, including contact information for the
	office of inspector general and the office of the independent
	ombudsman established under Chapter 261;
	(2)  a list of possible incidents that require parental
	notification;
	(3)  policies concerning visits and telephone
	conversations with a child committed to the department;
	(4)  a description of department caseworker
	responsibilities;
	(5)  a statement that the department caseworker
	assigned to a child may assist the child's parent or guardian in
	obtaining information and services from the department 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
	department;
	(C)  workforce preparedness programs;
	(D)  parenting programs; and
	(E)  department seminars; and
	(6)  information concerning the indeterminate
	sentencing structure at the department, an explanation of reasons
	that a child's commitment at the department could be extended, and
	an explanation of the review process under Sections 245.101 and
	245.104 for a child committed to the department without a
	determinate sentence.
	(b)  Not later than 48 hours after the time a child is
	admitted to a department facility, the department 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 department
	caseworker assigned to the child.
	(c)  The department shall on a quarterly basis provide to the
	parent, guardian, or designated advocate of a child who is in the
	custody of the department a report concerning the progress of the
	child at the department, including:
	(1)  the academic and behavioral progress of the child;
	and
	(2)  the results of any reexamination of the child
	conducted under Section 244.002.
	(d)  The department shall ensure that written information
	provided to a parent or guardian regarding the rights of a child in
	the custody of the department or the rights of a child's parent or
	guardian, including the parent's bill of rights, is clear and easy
	to understand.
	(e)  The department shall ensure that if the Department of
	Family and Protective Services has been appointed managing
	conservator of a child, the Department of Family and Protective
	Services is given the same rights as the child's parent under the
	parent's bill of rights developed under this section.
	CHAPTER 245 [SUBCHAPTER F].  RELEASE
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 245.001.  PAROLE OFFICERS; PAROLE MANAGEMENT.  (a)  The
	department may employ parole officers to investigate, place,
	supervise, and direct the activities of a parolee to ensure the
	parolee's adjustment to society in accordance with the rules
	adopted by the board.
	(b)  Parole officers may work with local organizations,
	clubs, and agencies to formulate plans and procedures for the
	prevention of juvenile delinquency.
	(c)  The department shall develop a management system for
	parole services that objectively measures and provides for:
	(1)  the systematic examination of children's needs and
	the development of treatment plans to address those needs;
	(2)  the evaluation of homes, foster homes, and public
	and private institutions as constructive parole placements;
	(3)  the classification of children based on the level
	of children's needs and the degree of risk presented to the public;
	(4)  the objective measurement of parole officer
	workloads; and
	(5)  the gathering and analysis of information related
	to the effectiveness of parole services and to future parole
	requirements.
	Sec. 245.002.  CONTRACTS WITH COUNTIES.  (a)  The department
	may make a contract with a county to use the services of the
	county's juvenile probation department for the supervision of
	children within the county who are on furlough from a department
	facility or who are released under supervision from a department
	facility.
	(b)  Payments under a contract described by Subsection (a)
	shall be made to the county treasurer on a quarterly schedule.
	(c)  The department may not pay a county for supervision of a
	child for any time after the child:
	(1)  is discharged from the department's custody;
	(2)  is returned to a department facility; or
	(3)  transfers the child's residence to another county
	or state.
	(d)  A county that has a contract with the department must
	report to the department on the status and progress of each child
	for whom the county is receiving payments. The reports shall be
	made at the time and in the manner specified by the contract.
	SUBCHAPTER B.  AUTHORITY TO RELEASE; RESUMPTION OF CARE
	Sec. 245.051 [61.081].  RELEASE UNDER SUPERVISION.
	(a)  The department [commission] may release under supervision any
	child in the department's [its] custody and place the child in the
	child's [his or her] home or in any situation or family approved by
	the department [commission]. Prior to placing a child in the
	child's [his or her] home, the department [commission] shall
	evaluate the home setting to determine the level of supervision and
	quality of care that is available in the home.
	(b)  [Subject to legislative appropriation, the commission
	may employ parole officers to investigate, place, supervise, and
	direct the activities of a parolee to ensure the parolee's
	adjustment to society in accordance with the rules adopted by the
	commission.
	[(c)     Parole officers may work with local organizations,
	clubs, and agencies to formulate plans and procedures for the
	prevention of juvenile delinquency.
	[(d)     The commission may resume the care and custody of any
	child released under supervision at any time before the final
	discharge of the child.
	[(e)]  Not later than 10 days before the day the department
	[commission] releases a child under this section, the department
	[commission] shall give notice of the release to the juvenile court
	and the office of the prosecuting attorney of the county in which
	the adjudication that the child engaged in delinquent conduct was
	made.
	(c) [(f)]  If a child is committed to the department
	[commission] under a determinate sentence under Section
	54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
	the department [commission] may not release the child under
	supervision without approval of the juvenile court that entered the
	order of commitment unless the child has served at least:
	(1)  10 years, if the child was sentenced to commitment
	for conduct constituting capital murder;
	(2)  3 years, if the child was sentenced to commitment
	for conduct constituting an aggravated controlled substance felony
	or a felony of the first degree;
	(3)  2 years, if the child was sentenced to commitment
	for conduct constituting a felony of the second degree; or
	(4)  1 year, if the child was sentenced to commitment
	for conduct constituting a felony of the third degree.
	(d) [(g)]  The department [commission] may request the
	approval of the court under this section at any time.
	(e)  The department may resume the care and custody of any
	child released under supervision at any time before the final
	discharge of the child.
	(f) [(h)]  If the department [commission] finds that a child
	has violated an order under which the child is released under
	supervision, on notice by any reasonable method to all persons
	affected, the department [commission] may order the child:
	(1)  to return to an institution;
	(2)  if the violation resulted in property damage or
	personal injury:
	(A)  to make full or partial restitution to the
	victim of the offense; or
	(B)  if the child is financially unable to make
	full or partial restitution, to perform services for a charitable
	or educational institution; or
	(3)  to comply with any other conditions the department
	[commission] considers appropriate.
	(g) [(i)]  Notwithstanding Subsection (c) [(f)], if a child
	is committed to the department [commission] under a determinate
	sentence under Section 54.04(d)(3), Section 54.04(m), or Section
	54.05(f), Family Code, the department [commission] may release the
	child under supervision without approval of the juvenile court that
	entered the order of commitment if not more than nine months remain
	before the child's discharge under Section 245.151(b) [61.084(b)].
	Sec. 245.052 [61.0811.     PAROLE MANAGEMENT.   The commission
	shall develop a management system for parole services that
	objectively measures and provides for:
	[(1)     the systematic examination of children's needs
	and the development of treatment plans to address those needs;
	[(2)     the evaluation of homes, foster homes, and public
	and private institutions as constructive parole placements;
	[(3)     the classification of children based on the level
	of children's needs and the degree of risk presented to the public;
	[(4)     the objective measurement of parole officer
	workloads; and
	[(5)     the gathering and analysis of information related
	to the effectiveness of parole services and to future parole
	requirements.
	[Sec. 61.0812].  SUBSTANCE ABUSE TREATMENT [FOR SUBSTANCE
	ABUSE].  Subject to an express appropriation to fund the treatment
	programs required by this section, the department [commission] may
	not release a child under supervision or parole a child if:
	(1)  the child has a substance abuse problem, including
	the use of a controlled substance, hazardous inhalable substances,
	or alcohol habitually; and
	(2)  the child has not completed a treatment program
	for the problem.
	Sec. 245.053 [61.0813].  SEX OFFENDER COUNSELING AND
	TREATMENT.  (a)  Before releasing a child described by Subsection
	(b) under supervision, the department [commission]:
	(1)  may require as a condition of release that the
	child:
	(A)  attend psychological counseling sessions for
	sex offenders as provided by Subsection (e); and
	(B)  submit to a polygraph examination as provided
	by Subsection (f) for purposes of evaluating the child's treatment
	progress; and
	(2)  shall require as a condition of release that the
	child:
	(A)  register under Chapter 62, Code of Criminal
	Procedure; and
	(B)  submit a blood sample or other specimen to
	the Department of Public Safety under Subchapter G, Chapter 411,
	Government Code, for the purpose of creating a DNA record of the
	child, unless the child has already submitted the required specimen
	under other state law.
	(b)  This section applies to a child adjudicated for engaging
	in delinquent conduct constituting an offense for which the child
	is required to register as a sex offender under Chapter 62, Code of
	Criminal Procedure.
	(c)  Psychological counseling required as a condition of
	release under Subsection (a) must be with an individual or
	organization that:
	(1)  provides sex offender treatment or counseling;
	(2)  is specified by the department [commission]; and
	(3)  meets minimum standards of counseling established
	by the department [commission].
	(d)  A polygraph examination required as a condition of
	release under Subsection (a) must be administered by an individual
	who is:
	(1)  specified by the department [commission]; and
	(2)  licensed as a polygraph examiner under Chapter
	1703, Occupations Code.