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  H.B. No. 2733
 
 
 
 
AN ACT
  relating to the administration and operation of the Texas Juvenile
  Justice Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.1141, Government Code, is amended to
  read as follows:
         Sec. 411.1141.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION].
  (a)  The Texas Juvenile Justice Department is entitled to obtain
  from the department criminal history record information maintained
  by the department that relates to:
               (1)  a person described by Section 242.010(b), Human
  Resources Code;
               (2)  an applicant for a certification from the Texas
  Juvenile Justice Department;
               (3)  a holder of a certification from the Texas
  Juvenile Justice Department;
               (4)  a child committed to the custody of the Texas
  Juvenile Justice Department by a juvenile court;
               (5)  a person requesting visitation access to a
  facility of the Texas Juvenile Justice Department; or
               (6)  any person, as necessary to conduct an evaluation
  of the home under Section 245.051(a), Human Resources Code.
         (b)  Criminal history record information obtained by the
  Texas Juvenile Justice Department [Youth Commission] under
  Subsection (a) may not be released to any person except:
               (1)  on court order;
               (2)  with the consent of the entity or person who is the
  subject of the criminal history record information;
               (3)  for purposes of an administrative hearing held, or
  an investigation conducted, by the Texas Juvenile Justice
  Department [Youth Commission] concerning the person who is the
  subject of the criminal history record information; [or]
               (4)  a juvenile board by which a certification
  applicant or holder is employed; or
               (5)  as provided by Subsection (c) or (f).
         (c)  The Texas Juvenile Justice Department [Youth
  Commission] is not prohibited from releasing criminal history
  record information obtained under Subsection (a) to:
               (1)  the person who is the subject of the criminal
  history record information; or
               (2)  a business entity or person described by
  Subsection (a)(1) [(a)(4) or (a)(5)] who uses or intends to use the
  services of the volunteer or intern or employs or is considering
  employing the person who is the subject of the criminal history
  record information.
         (d)  The Texas Juvenile Justice Department [Youth
  Commission] may charge an entity or a person who requests criminal
  history record information under Subsection (c)(2) [(a)(4) or
  (a)(5)] a fee in an amount necessary to cover the costs of obtaining
  the information on the person's or entity's behalf.
         (e)  After a person is certified by the Texas Juvenile
  Justice Department, the Texas Juvenile Justice Department shall
  destroy the criminal history record information that relates to a
  person described by Subsection (a)(2).
         (f)  The Texas Juvenile Justice Department is not prohibited
  from disclosing criminal history record information obtained under
  Subsection (a) in a criminal proceeding or in a hearing conducted by
  the Texas Juvenile Justice Department.
         SECTION 2.  Section 552.117(a), Government Code, is amended
  to read as follows:
         (a)  Information is excepted from the requirements of
  Section 552.021 if it is information that relates to the home
  address, home telephone number, emergency contact information, or
  social security number of the following person or that reveals
  whether the person has family members:
               (1)  a current or former official or employee of a
  governmental body, except as otherwise provided by Section 552.024;
               (2)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or a security officer commissioned under
  Section 51.212, Education Code, regardless of whether the officer
  complies with Section 552.024 or 552.1175, as applicable;
               (3)  a current or former employee of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department, regardless of
  whether the current or former employee complies with Section
  552.1175;
               (4)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or other law, a reserve law enforcement
  officer, a commissioned deputy game warden, or a corrections
  officer in a municipal, county, or state penal institution in this
  state who was killed in the line of duty, regardless of whether the
  deceased complied with Section 552.024 or 552.1175;
               (5)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code, regardless of whether the
  officer complies with Section 552.024 or 552.1175, as applicable;
               (6)  an officer or employee of a community supervision
  and corrections department established under Chapter 76 who
  performs a duty described by Section 76.004(b), regardless of
  whether the officer or employee complies with Section 552.024 or
  552.1175; [or]
               (7)  a current or former employee of the office of the
  attorney general who is or was assigned to a division of that office
  the duties of which involve law enforcement, regardless of whether
  the current or former employee complies with Section 552.024 or
  552.1175;
               (8)  a current or former employee of the Texas Juvenile
  Justice Department or of the predecessors in function of the
  department, regardless of whether the current or former employee
  complies with Section 552.1175;
               (9)  a juvenile probation or supervision officer
  certified by the Texas Juvenile Justice Department, or the
  predecessors in function of the department, under Title 12, Human
  Resources Code; or
               (10)  employees of a juvenile justice program or
  facility, as those terms are defined by Section 261.405, Family
  Code.
         SECTION 3.  The heading to Section 552.1175, Government
  Code, is amended to read as follows:
         Sec. 552.1175.  CONFIDENTIALITY OF CERTAIN PERSONAL 
  [ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND
  PERSONAL FAMILY] INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
  SECURITY OFFICERS, AND EMPLOYEES OF CERTAIN [THE TEXAS DEPARTMENT
  OF] CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES [A
  PROSECUTOR'S OFFICE].
         SECTION 4.  Section 552.1175(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to:
               (1)  peace officers as defined by Article 2.12, Code of
  Criminal Procedure;
               (2)  county jailers as defined by Section 1701.001,
  Occupations Code;
               (3)  current or former employees of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department;
               (4)  commissioned security officers as defined by
  Section 1702.002, Occupations Code;
               (5)  employees of a district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters;
               (6)  officers and employees of a community supervision
  and corrections department established under Chapter 76 who perform
  a duty described by Section 76.004(b);
               (7)  criminal investigators of the United States as
  described by Article 2.122(a), Code of Criminal Procedure;
               (8)  police officers and inspectors of the United
  States Federal Protective Service; [and]
               (9)  current and former employees of the office of the
  attorney general who are or were assigned to a division of that
  office the duties of which involve law enforcement;
               (10)  juvenile probation and detention officers
  certified by the Texas Juvenile Justice Department, or the
  predecessors in function of the department, under Title 12, Human
  Resources Code;
               (11)  employees of a juvenile justice program or
  facility, as those terms are defined by Section 261.405, Family
  Code; and
               (12)  current or former employees of the Texas Juvenile
  Justice Department or the predecessors in function of the
  department.
         SECTION 5.  Section 203.0081(a), Human Resources Code, is
  amended to read as follows:
         (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 director of state programs and facilities of
  the department or the director's designee;
               (4)  the executive commissioner of the Health and Human
  Services Commission or the commissioner's designee;
               (5) [(4)]  one representative of the county
  commissioners courts appointed by the board;
               (6) [(5)]  two juvenile court judges appointed by the
  board; and
               (7) [(6)]  seven chief juvenile probation officers
  appointed by the board as provided by Subsection (b).
         SECTION 6.  Sections 242.002(b) and (d), Human Resources
  Code, are amended to read as follows:
         (b)  On or before December 31 of each even-numbered year, the
  department shall make a report on the effectiveness of the programs
  to the Legislative Budget Board.
         (d)  If the department is unable to offer or make available
  programs described by Subsection (a) in the manner provided by
  Subsection (c), the department shall, not later than December 31
  [January 10] of each even-numbered [odd-numbered] year, provide the
  standing committees of the senate and house of representatives with
  primary jurisdiction over matters concerning correctional
  facilities with a report explaining:
               (1)  which programs are not offered or are unavailable;
  and
               (2)  the reason the programs are not offered or are
  unavailable.
         SECTION 7.  Section 242.010, Human Resources Code, is
  amended by amending Subsections (b), (c), and (d) and adding
  Subsections (b-1), (b-2), and (b-3) to read as follows:
         (b)  The department [executive director] shall review the
  national criminal history record information, state criminal
  history record information maintained by the Department of Public
  Safety, and previous and current employment references of each
  person who:
               (1)  is an employee, [contractor,] volunteer,
  ombudsman, or advocate working for the department or working in a
  department facility or a facility under contract with the
  department;
               (2)  is a contractor or an employee or subcontractor of
  a contractor who has direct access to children in department
  facilities;
               (3)  provides direct delivery of services to children
  in the custody of the department; or
               (4) [(3)]  has access to records in department
  facilities or offices.
         (b-1)  The department may review criminal history record
  information of:
               (1)  a person requesting visitation access to a
  department facility; or
               (2)  any person, as necessary to conduct an evaluation
  of the home under Section 245.051(a).
         (b-2)  The department may not deny visitation access to an
  immediate family member of a child committed to the department
  based solely on a review of criminal history record information
  under Subsection (b-1)(1).
         (b-3)  If visitation access is denied or limited based in
  part on a review of criminal history record information under
  Subsection (b-1)(1), the department shall retain the criminal
  history record information of the person for whom access is denied
  or limited until the child the person requested visitation access
  to is released from the department.
         (c)  To enable the department [executive director] to
  conduct the review, the board shall adopt rules requiring a person
  described by Subsection (b) to electronically provide the
  Department of Public Safety with a complete set of the person's
  fingerprints in a form and of a quality acceptable to the Department
  of Public Safety and the Federal Bureau of Investigation.
         (d)  For each person described by Subsection (b), the
  department [executive director] shall review on an annual basis the
  person's national criminal history record information.
         SECTION 8.  Section 245.0535(i), Human Resources Code, is
  amended to read as follows:
         (i)  Not later than December 31 [1] of each even-numbered
  year, the department shall deliver a report of the results of
  research conducted or coordinated under Subsection (h) to the
  lieutenant governor, the speaker of the house of representatives,
  and the standing committees of each house of the legislature with
  primary jurisdiction over juvenile justice and corrections.
         SECTION 9.  Section 261.051(b), Human Resources Code, is
  amended to read as follows:
         (b)  A person appointed as independent ombudsman is eligible
  for reappointment [but may not serve more than three terms in that
  capacity].
         SECTION 10.  Section 411.137, Government Code, is repealed.
         SECTION 11.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2733 was passed by the House on May 7,
  2013, by the following vote:  Yeas 142, Nays 3, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2733 on May 24, 2013, by the following vote:  Yeas 145, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2733 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor