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  H.B. No. 1549
 
 
 
 
AN ACT
  relating to nonsubstantive corrections in statutes to references to
  the Texas Youth Commission and Texas Juvenile Probation Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 104.001, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 104.001.  STATE LIABILITY; PERSONS COVERED. In a cause
  of action based on conduct described in Section 104.002, the state
  shall indemnify the following persons, without regard to whether
  the persons performed their services for compensation, for actual
  damages, court costs, and attorney's fees adjudged against:
               (1)  an employee, a member of the governing board, or
  any other officer of a state agency, institution, or department;
               (2)  a former employee, former member of the governing
  board, or any other former officer of a state agency, institution,
  or department who was an employee or officer when the act or
  omission on which the damages are based occurred;
               (3)  a physician or psychiatrist licensed in this state
  who was performing services under a contract with any state agency,
  institution, or department or a racing official performing services
  under a contract with the Texas Racing Commission when the act or
  omission on which the damages are based occurred;
               (3-a)  a phlebotomist licensed in this state who was
  performing services under a contract with the Texas Department of
  Criminal Justice when the act or omission on which the damages are
  based occurred;
               (4)  a chaplain or spiritual advisor who was performing
  services under contract with the Texas Department of Criminal
  Justice [, the Texas Youth Commission,] or the Texas Juvenile
  Justice Department [Probation Commission] when the act or omission
  on which the damages are based occurred;
               (5)  a person serving on the governing board of a
  foundation, corporation, or association at the request and on
  behalf of an institution of higher education, as that term is
  defined by Section 61.003(8), Education Code, not including a
  public junior college;
               (6)  a state contractor who signed a waste manifest as
  required by a state contract; or
               (7)  the estate of a person listed in this section.
         SECTION 2.  Article 13.34, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 13.34.  CERTAIN OFFENSES COMMITTED AGAINST A CHILD
  COMMITTED TO THE TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH
  COMMISSION]. An offense described by Article 104.003(a) committed
  by an employee or officer of the Texas Juvenile Justice Department
  [Youth Commission] or a person providing services under a contract
  with the department [commission] against a child committed to the
  department [commission] may be prosecuted in:
               (1)  any county in which an element of the offense
  occurred; or
               (2)  Travis County.
         SECTION 3.  Article 15.27(c), Code of Criminal Procedure, is
  amended to read as follows:
         (c)  A parole, probation, or community supervision office,
  including a community supervision and corrections department, a
  juvenile probation department, the paroles division of the Texas
  Department of Criminal Justice, and the Texas Juvenile Justice
  Department [Youth Commission], having jurisdiction over a student
  described by Subsection (a), (b), or (e) who transfers from a school
  or is subsequently removed from a school and later returned to a
  school or school district other than the one the student was
  enrolled in when the arrest, referral to a juvenile court,
  conviction, or adjudication occurred shall within 24 hours of
  learning of the student's transfer or reenrollment, or before the
  next school day, whichever is earlier, notify the superintendent or
  a person designated by the superintendent of the school district to
  which the student transfers or is returned or, in the case of a
  private school, the principal or a school employee designated by
  the principal of the school to which the student transfers or is
  returned of the arrest or referral in a manner similar to that
  provided for by Subsection (a) or (e)(1), or of the conviction or
  delinquent adjudication in a manner similar to that provided for by
  Subsection (b) or (e)(2).  The superintendent of the school
  district to which the student transfers or is returned or, in the
  case of a private school, the principal of the school to which the
  student transfers or is returned shall, within 24 hours of
  receiving notification under this subsection or before the next
  school day, whichever is earlier, notify all instructional and
  support personnel who have regular contact with the student.
         SECTION 4.  Article 38.43(c), Code of Criminal Procedure, is
  amended to read as follows:
         (c)  An entity or individual described by Subsection (b)
  shall ensure that biological evidence collected pursuant to an
  investigation or prosecution of a felony offense or conduct
  constituting a felony offense is retained and preserved:
               (1)  for not less than 40 years, or until the applicable
  statute of limitations has expired, if there is an unapprehended
  actor associated with the offense; or
               (2)  in a case in which a defendant has been convicted,
  placed on deferred adjudication community supervision, or
  adjudicated as having engaged in delinquent conduct and there are
  no additional unapprehended actors associated with the offense:
                     (A)  until the inmate is executed, dies, or is
  released on parole, if the defendant is convicted of a capital
  felony;
                     (B)  until the defendant dies, completes the
  defendant's sentence, or is released on parole or mandatory
  supervision, if the defendant is sentenced to a term of confinement
  or imprisonment in the Texas Department of Criminal Justice;
                     (C)  until the defendant completes the
  defendant's term of community supervision, including deferred
  adjudication community supervision, if the defendant is placed on
  community supervision;
                     (D)  until the defendant dies, completes the
  defendant's sentence, or is released on parole, mandatory
  supervision, or juvenile probation, if the defendant is committed
  to the Texas Juvenile Justice Department [Youth Commission]; or
                     (E)  until the defendant completes the
  defendant's term of juvenile probation, including a term of
  community supervision upon transfer of supervision to a criminal
  court, if the defendant is placed on juvenile probation.
         SECTION 5.  Article 49.18(d)(3), Code of Criminal Procedure,
  is amended to read as follows:
               (3)  "State juvenile facility" means any facility or
  halfway house:
                     (A)  operated by or under contract with the Texas
  Juvenile Justice Department [Youth Commission]; or
                     (B)  described by Section 51.02(13) or (14),
  Family Code.
         SECTION 6.  Articles 60.03(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  Criminal justice agencies, the Legislative Budget
  Board, and the council are entitled to access to the data bases of
  the Department of Public Safety, the Texas Juvenile Justice
  Department [Probation Commission, the Texas Youth Commission], and
  the Texas Department of Criminal Justice in accordance with
  applicable state or federal law or regulations. The access granted
  by this subsection does not grant an agency, the Legislative Budget
  Board, or the council the right to add, delete, or alter data
  maintained by another agency.
         (b)  The council or the Legislative Budget Board may submit
  to the Department of Public Safety, the Texas Juvenile Justice
  Department [Probation Commission, the Texas Youth Commission], and
  the Texas Department of Criminal Justice an annual request for a
  data file containing data elements from the departments'
  systems.  The Department of Public Safety, the Texas Juvenile
  Justice Department [Probation Commission, the Texas Youth
  Commission], and the Texas Department of Criminal Justice shall
  provide the council and the Legislative Budget Board with that data
  file for the period requested, in accordance with state and federal
  law and regulations.  If the council submits data file requests
  other than the annual data file request, the director of the agency
  maintaining the requested records must approve the request.  The
  Legislative Budget Board may submit data file requests other than
  the annual data file request without the approval of the director of
  the agency maintaining the requested records.
         SECTION 7.  Article 61.01(9), Code of Criminal Procedure, is
  amended to read as follows:
               (9)  "Law enforcement agency" does not include the
  Texas Department of Criminal Justice, the Texas Juvenile Justice
  Department [Probation Commission], or a local juvenile probation
  department[, or the Texas Youth Commission].
         SECTION 8.  Article 61.02(e)(2), Code of Criminal Procedure,
  is amended to read as follows:
               (2)  "Penal institution" means a confinement facility
  operated by or under a contract with any division of the Texas
  Department of Criminal Justice, a confinement facility operated by
  or under contract with the Texas Juvenile Justice Department [Youth
  Commission], or a juvenile secure pre-adjudication or
  post-adjudication facility operated by or under a local juvenile
  probation department, or a county jail.
         SECTION 9.  Articles 61.06(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  This article does not apply to information collected
  under this chapter by the Texas Department of Criminal Justice or
  the Texas Juvenile Justice Department [Youth Commission].
         (c)  In determining whether information is required to be
  removed from an intelligence database under Subsection (b), the
  five-year period does not include any period during which the
  individual who is the subject of the information is:
               (1)  confined in a correctional facility operated by or
  under contract with the Texas Department of Criminal Justice;
               (2)  committed to a secure correctional facility
  operated by or under contract with the Texas Juvenile Justice
  Department [Youth Commission], as defined by Section 51.02, Family
  Code; or
               (3)  confined in a county jail or confined in or
  committed to a facility operated by a juvenile board in lieu of
  being confined in a correctional facility operated by or under
  contract with the Texas Department of Criminal Justice or being
  committed to a secure correctional facility operated by or under
  contract with the Texas Juvenile Justice Department [Youth
  Commission].
         SECTION 10.  Articles 61.07(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  This article does not apply to information collected
  under this chapter by the Texas Department of Criminal Justice or
  the Texas Juvenile Justice Department [Youth Commission].
         (c)  In determining whether information is required to be
  removed from an intelligence database under Subsection (b), the
  two-year period does not include any period during which the child
  who is the subject of the information is:
               (1)  committed to the Texas Juvenile Justice Department
  [Youth Commission] for conduct that violates a penal law of the
  grade of felony; or
               (2)  confined in the Texas Department of Criminal
  Justice.
         SECTION 11.  Article 61.08(d), Code of Criminal Procedure,
  is amended to read as follows:
         (d)  A person who is committed to the Texas Juvenile Justice
  Department [Youth Commission] or confined in the Texas Department
  of Criminal Justice does not while committed or confined have the
  right to request review of criminal information under this article.
         SECTION 12.  Article 61.10(f), Code of Criminal Procedure,
  is amended to read as follows:
         (f)  The task force shall consist of:
               (1)  a representative of the Department of Public
  Safety designated by the director of that agency;
               (2)  two representatives of the Texas Department of
  Criminal Justice, including a representative of the parole
  division, designated by the executive director of that agency;
               (3)  a representative of the office of the inspector
  general of the Texas Department of Criminal Justice designated by
  the inspector general;
               (4)  two representatives [a representative] of the
  Texas Juvenile Justice Department [Youth Commission] designated by
  the executive director of that agency;
               (5)  [a representative of the Texas Juvenile Probation
  Commission designated by the executive director of that agency;
               [(6)]  a representative of the office of the attorney
  general designated by the attorney general;
               (6) [(7)]  six representatives who are local law
  enforcement officers or local community supervision personnel,
  including juvenile probation personnel, designated by the
  governor; and
               (7) [(8)]  two representatives who are local
  prosecutors designated by the governor.
         SECTION 13.  Article 62.001(3), Code of Criminal Procedure,
  is amended to read as follows:
               (3)  "Penal institution" means a confinement facility
  operated by or under a contract with any division of the Texas
  Department of Criminal Justice, a confinement facility operated by
  or under contract with the Texas Juvenile Justice Department [Youth
  Commission], or a juvenile secure pre-adjudication or
  post-adjudication facility operated by or under a local juvenile
  probation department, or a county jail.
         SECTION 14.  Articles 62.007(d) and (e), Code of Criminal
  Procedure, are amended to read as follows:
         (d)  The risk assessment review committee, the Texas
  Department of Criminal Justice, the Texas Juvenile Justice
  Department [Youth Commission], or a court may override a risk level
  only if the entity:
               (1)  believes that the risk level assessed is not an
  accurate prediction of the risk the offender poses to the
  community; and
               (2)  documents the reason for the override in the
  offender's case file.
         (e)  Notwithstanding Chapter 58, Family Code, records and
  files, including records that have been sealed under Section 58.003
  of that code, relating to a person for whom a court, the Texas
  Department of Criminal Justice, or the Texas Juvenile Justice
  Department [Youth Commission] is required under this article to
  determine a level of risk shall be released to the court, the Texas
  Department of Criminal Justice [department], or the Texas Juvenile
  Justice Department [commission], as appropriate, for the purpose of
  determining the person's risk level.
         SECTION 15.  Article 62.008, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 62.008.  GENERAL IMMUNITY. The following persons are
  immune from liability for good faith conduct under this chapter:
               (1)  an employee or officer of the Texas Department of
  Criminal Justice, [the Texas Youth Commission,] the Texas Juvenile
  Justice Department [Probation Commission], the Department of
  Public Safety, the Board of Pardons and Paroles, or a local law
  enforcement authority;
               (2)  an employee or officer of a community supervision
  and corrections department or a juvenile probation department;
               (3)  a member of the judiciary; and
               (4)  a member of the risk assessment review committee
  established under Article 62.007.
         SECTION 16.  Article 62.010, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 62.010.  RULEMAKING AUTHORITY. The Texas Department of
  Criminal Justice, [the Texas Youth Commission,] the Texas Juvenile
  Justice Department [Probation Commission], and the department may
  adopt any rule necessary to implement this chapter.
         SECTION 17.  Article 62.051(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The department shall provide the Texas Department of
  Criminal Justice, [the Texas Youth Commission,] the Texas Juvenile
  Justice Department [Probation Commission], and each local law
  enforcement authority, authority for campus security, county jail,
  and court with a form for registering persons required by this
  chapter to register.
         SECTION 18.  Article 104.003(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  In a prosecution of a criminal offense or delinquent
  conduct committed on property owned or operated by or under
  contract with the Texas Department of Criminal Justice or the Texas
  Juvenile Justice Department [Youth Commission], or committed by or
  against a person in the custody of the Texas Department of Criminal
  Justice or the Texas Juvenile Justice Department [department or
  commission] while the person is performing a duty away from Texas
  Department of Criminal Justice or Texas Juvenile Justice Department
  [department or commission] property, the state shall reimburse the
  county for expenses incurred by the county, in an amount that the
  court determines to be reasonable, for payment of:
               (1)  salaries and expenses of foreign language
  interpreters and interpreters for deaf persons whose services are
  necessary to the prosecution;
               (2)  consultation fees of experts whose assistance is
  directly related to the prosecution;
               (3)  travel expenses for witnesses;
               (4)  expenses for the food, lodging, and compensation
  of jurors;
               (5)  compensation of witnesses;
               (6)  the cost of preparation of a statement of facts and
  a transcript of the trial for purposes of appeal;
               (7)  if the death of a person is an element of the
  offense, expenses of an inquest relating to the death;
               (8)  food, lodging, and travel expenses incurred by the
  prosecutor's staff during travel essential to the prosecution of
  the offense;
               (9)  court reporter's fees; and
               (10)  the cost of special security officers.
         SECTION 19.  Section 1.001(b), Education Code, is amended to
  read as follows:
         (b)  Except as provided by Chapter 18, Chapter 19, Subchapter
  A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this
  code does not apply to students, facilities, or programs under the
  jurisdiction of the Department of Aging and Disability Services,
  the Department of State Health Services, the Health and Human
  Services Commission, the Texas Juvenile Justice Department [Youth
  Commission], the Texas Department of Criminal Justice, a Job Corps
  program operated by or under contract with the United States
  Department of Labor, or any juvenile probation agency.
         SECTION 20.  Section 7.055(b)(26), Education Code, is
  amended to read as follows:
               (26)  The commissioner, with the assistance of the
  comptroller, shall determine amounts to be distributed to the Texas
  School for the Blind and Visually Impaired and the Texas School for
  the Deaf as provided by Section 30.003 and to the Texas Juvenile
  Justice Department [Youth Commission] as provided by Section
  30.102.
         SECTION 21.  Section 25.042, Education Code, is amended to
  read as follows:
         Sec. 25.042.  TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS
  JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION] FACILITIES. A
  school-age child of an employee of a facility of the Texas Juvenile
  Justice Department [Youth Commission] is entitled to attend school
  in a school district adjacent to the district in which the student
  resides free of any charge to the student's parents or guardian.
  Any tuition charge required by the admitting district shall be paid
  by the district from which the student transfers out of any funds
  appropriated to the facility.
         SECTION 22.  Section 29.012(d), Education Code, is amended
  to read as follows:
         (d)  The Texas Education Agency, the Texas Department of
  Mental Health and Mental Retardation, the Texas Department of Human
  Services, the Texas Department of Health, the Department of
  Protective and Regulatory Services, the Interagency Council on
  Early Childhood Intervention, the Texas Commission on Alcohol and
  Drug Abuse, and the Texas Juvenile Justice Department [Probation
  Commission, and the Texas Youth Commission] by a cooperative effort
  shall develop and by rule adopt a memorandum of understanding. The
  memorandum must:
               (1)  establish the respective responsibilities of
  school districts and of residential facilities for the provision of
  a free, appropriate public education, as required by the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.) and its subsequent amendments, including each requirement
  for children with disabilities who reside in those facilities;
               (2)  coordinate regulatory and planning functions of
  the parties to the memorandum;
               (3)  establish criteria for determining when a public
  school will provide educational services;
               (4)  provide for appropriate educational space when
  education services will be provided at the residential facility;
               (5)  establish measures designed to ensure the safety
  of students and teachers; and
               (6)  provide for binding arbitration consistent with
  Chapter 2009, Government Code, and Section 154.027, Civil Practice
  and Remedies Code.
         SECTION 23.  Section 29.087(d), Education Code, is amended
  to read as follows:
         (d)  A student is eligible to participate in a program
  authorized by this section if:
               (1)  the student has been ordered by a court under
  Article 45.054, Code of Criminal Procedure, [as added by Chapter
  1514, Acts of the 77th Legislature, Regular Session, 2001,] or by
  the Texas Juvenile Justice Department [Youth Commission] to:
                     (A)  participate in a preparatory class for the
  high school equivalency examination; or
                     (B)  take the high school equivalency examination
  administered under Section 7.111; or
               (2)  the following conditions are satisfied:
                     (A)  the student is at least 16 years of age at the
  beginning of the school year or semester;
                     (B)  the student is a student at risk of dropping
  out of school, as defined by Section 29.081;
                     (C)  the student and the student's parent or
  guardian agree in writing to the student's participation;
                     (D)  at least two school years have elapsed since
  the student first enrolled in ninth grade and the student has
  accumulated less than one third of the credits required to graduate
  under the minimum graduation requirements of the district or
  school; and
                     (E)  any other conditions specified by the
  commissioner.
         SECTION 24.  The heading to Subchapter E, Chapter 30,
  Education Code, is amended to read as follows:
  SUBCHAPTER E. TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]
  FACILITIES
         SECTION 25.  Section 30.101, Education Code, is amended to
  read as follows:
         Sec. 30.101.  PURPOSE. The purpose of this subchapter is to
  provide the state available school fund apportionment to children
  committed to the Texas Juvenile Justice Department [Youth
  Commission]. To provide the state available school fund
  apportionment for educational purposes, the educational programs
  provided to those children are considered to be educational
  services provided by public schools.
         SECTION 26.  Section 30.102, Education Code, is amended to
  read as follows:
         Sec. 30.102.  ALLOCATION. (a) The Texas Juvenile Justice
  Department [Youth Commission] is entitled to receive the state
  available school fund apportionment based on the average daily
  attendance in the department's [commission's] educational programs
  of students who are at least three years of age and not older than 21
  years of age.
         (b)  A classroom teacher, full-time librarian, full-time
  school counselor certified under Subchapter B, Chapter 21, or
  full-time school nurse employed by the department [commission] is
  entitled to receive as a minimum salary the monthly salary
  specified by Section 21.402.  A classroom teacher, full-time
  librarian, full-time school counselor, or full-time school nurse
  may be paid, from funds appropriated to the department
  [commission], a salary in excess of the minimum specified by that
  section, but the salary may not exceed the rate of pay for a similar
  position in the public schools of an adjacent school district.
         (c)  The commissioner, with the assistance of the
  comptroller, shall determine the amount that the department
  [commission] would have received from the available school fund if
  Chapter 28, Acts of the 68th Legislature, 2nd Called Session, 1984,
  had not transferred statutorily dedicated taxes from the available
  school fund to the foundation school fund. That amount, minus any
  amount the schools do receive from the available school fund, shall
  be set apart as a separate account in the foundation school fund and
  appropriated to the department [commission] for educational
  purposes.
         SECTION 27.  Section 30.103, Education Code, is amended to
  read as follows:
         Sec. 30.103.  MEMORANDUM OF UNDERSTANDING. The Texas
  Juvenile Justice Department [Youth Commission] with the assistance
  of the Texas Workforce Commission and the Texas Workforce
  Investment Council shall by rule adopt a memorandum of
  understanding that establishes the respective responsibility of
  those entities to provide through local workforce development
  boards job training and employment assistance programs to children
  committed or formerly sentenced to the department [Texas Youth
  Commission]. The department [Texas Youth Commission] shall
  coordinate the development of the memorandum of understanding and
  include in its annual report information describing the number of
  children in the preceding year receiving services under the
  memorandum.
         SECTION 28.  Section 30.104, Education Code, is amended to
  read as follows:
         Sec. 30.104.  CREDIT FOR COMPLETION OF EDUCATIONAL PROGRAMS;
  HIGH SCHOOL DIPLOMA AND CERTIFICATE. (a) A school district shall
  grant to a student credit toward the academic course requirements
  for high school graduation for courses the student successfully
  completes in Texas Juvenile Justice Department [Youth Commission]
  educational programs.
         (b)  A student may graduate and receive a diploma from a
  department [Texas Youth Commission] educational program if:
               (1)  the student successfully completes the curriculum
  requirements identified by the State Board of Education under
  Section 28.025(a) and complies with Section 39.025; or
               (2)  the student successfully completes the curriculum
  requirements under Section 28.025(a) as modified by an
  individualized education program developed under Section 29.005.
         (c)  A department [Texas Youth Commission] educational
  program may issue a certificate of course-work completion to a
  student who successfully completes the curriculum requirements
  identified by the State Board of Education under Section 28.025(a)
  but who fails to comply with  Section 39.025.
         SECTION 29.  Section 30.106, Education Code, is amended to
  read as follows:
         Sec. 30.106.  READING AND BEHAVIOR PLAN. (a) Because
  learning and behavior are inextricably linked and learning and
  improved behavior correlate with decreased recidivism rates, the
  Texas Juvenile Justice Department [Youth Commission] shall not only
  fulfill the department's [commission's] duties under state and
  federal law to provide general and special educational services to
  students in department [commission] educational programs but also
  shall implement a comprehensive plan to improve the reading skills
  and behavior of those students.
         (b)  To improve the reading skills of students in department 
  [Texas Youth Commission] educational programs, the department
  [commission] shall:
               (1)  adopt a reliable battery of reading assessments
  that:
                     (A)  are based on a normative sample appropriate
  to students in department [commission] educational programs;
                     (B)  are designed to be administered on an
  individual basis; and
                     (C)  allow school employees to:
                           (i)  evaluate performance in each essential
  component of effective reading instruction, including phonemic
  awareness, phonics, fluency, vocabulary, and comprehension;
                           (ii)  monitor progress in areas of
  deficiency specific to an individual student; and
                           (iii)  provide reading performance data;
               (2)  administer the assessments adopted under
  Subdivision (1):
                     (A)  at periodic intervals not to exceed 12
  months, to each student in a department [commission] educational
  program; and
                     (B)  at least 15 days and not more than 30 days
  before a student is released from the department [commission];
               (3)  provide at least 60 minutes per school day of
  individualized reading instruction to each student in a department
  [commission] educational program who exhibits deficits in reading
  on the assessments adopted under Subdivision (1):
                     (A)  by trained educators with expertise in
  teaching reading to struggling adolescent readers; and
                     (B)  through the use of scientifically based,
  peer-reviewed reading curricula that:
                           (i)  have proven effective in improving the
  reading performance of struggling adolescent readers;
                           (ii)  address individualized and
  differentiated reading goals; and
                           (iii)  include each of the essential
  components of effective reading instruction, including phonemic
  awareness, phonics, fluency, vocabulary, and comprehension;
               (4)  require each teacher in a department [commission]
  regular or special educational program who teaches English language
  arts, reading, mathematics, science, social studies, or career and
  technology education to be trained in incorporating content area
  reading instruction using empirically validated instructional
  methods that are appropriate for struggling adolescent readers; and
               (5)  evaluate the effectiveness of the department's
  [commission's] plan to increase reading skills according to the
  following criteria:
                     (A)  an adequate rate of improvement in reading
  performance, as measured by monthly progress monitoring using
  curricular-based assessments in each of the essential components of
  effective reading instruction, including phonemic awareness,
  phonics, fluency, vocabulary, and comprehension;
                     (B)  a significant annual rate of improvement in
  reading performance, disaggregated by subgroups designated under
  department [commission] rule, as measured using the battery of
  reading assessments adopted under Subdivision (1); and
                     (C)  student ratings of the quality and impact of
  the reading plan under this subsection, as measured on a student
  self-reporting instrument.
         (c)  To increase the positive social behaviors of students in
  department [Texas Youth Commission] educational programs and to
  create an educational environment that facilitates learning, the
  department [commission] shall:
               (1)  adopt system-wide classroom and individual
  positive behavior supports that incorporate a continuum of
  prevention and intervention strategies that:
                     (A)  are based on current behavioral research; and
                     (B)  are systematically and individually applied
  to students consistent with the demonstrated level of need;
               (2)  require each teacher and other educational staff
  member in a department [commission] educational program to be
  trained in implementing the positive behavior support system
  adopted under Subdivision (1); and
               (3)  adopt valid assessment techniques to evaluate the
  effectiveness of the positive behavior support system according to
  the following criteria:
                     (A)  documentation of school-related disciplinary
  referrals, disaggregated by the type, location, and time of
  infraction and by subgroups designated under department
  [commission] rule;
                     (B)  documentation of school-related disciplinary
  actions, including time-out, placement in security, and use of
  restraints and other aversive control measures, disaggregated by
  subgroups designated under department [commission] rule;
                     (C)  validated measurement of systemic positive
  behavioral support interventions; and
                     (D)  the number of minutes students are out of the
  regular classroom because of disciplinary reasons.
         (d)  The department [Texas Youth Commission] shall consult
  with faculty from institutions of higher education who have
  expertise in reading instruction for adolescents, in juvenile
  corrections, and in positive behavior supports to develop and
  implement the plan under Subsections (b) and (c).
         (e)  A student in a department [Texas Youth Commission]
  educational program may not be released on parole from the
  department [commission] unless the student participates, to the
  extent required by department [commission] rule, in the positive
  behavior support system under Subsection (c).  A student in a
  department [commission] educational program who exhibits deficits
  in reading on the assessments adopted under Subsection (b)(1) must
  also participate in reading instruction to the extent required by
  this section and by department [commission] rule before the student
  may be released on parole.
         SECTION 30.  Section 30A.105(c), Education Code, is amended
  to read as follows:
         (c)  The agency shall pay the reasonable costs of evaluating
  and approving electronic courses.  If funds available to the agency
  for that purpose are insufficient to pay the costs of evaluating and
  approving all electronic courses submitted for evaluation and
  approval, the agency shall give priority to paying the costs of
  evaluating and approving the following courses:
               (1)  courses that satisfy high school graduation
  requirements;
               (2)  courses that would likely benefit a student in
  obtaining admission to a postsecondary institution;
               (3)  courses, including dual credit courses, that allow
  a student to earn college credit or other advanced credit;
               (4)  courses in subject areas most likely to be highly
  beneficial to students receiving educational services under the
  supervision of a juvenile probation department, the Texas Juvenile
  Justice Department [Youth Commission], or the Texas Department of
  Criminal Justice; and
               (5)  courses in subject areas designated by the
  commissioner as commonly experiencing a shortage of teachers.
         SECTION 31.  Section 31.021(c), Education Code, is amended
  to read as follows:
         (c)  Money in the state instructional materials fund shall be
  used to:
               (1)  fund the instructional materials allotment, as
  provided by Section 31.0211;
               (2)  purchase special instructional materials for the
  education of blind and visually impaired students in public
  schools;
               (3)  pay the expenses associated with the instructional
  materials adoption and review process under this chapter;
               (4)  pay the expenses associated with the purchase or
  licensing of open-source instructional material;
               (5)  pay the expenses associated with the purchase of
  instructional material, including intrastate freight and shipping
  and the insurance expenses associated with intrastate freight and
  shipping;
               (6)  fund the technology lending grant program
  established under Section 32.201; and
               (7)  provide funding to the Texas School for the Blind
  and Visually Impaired, the Texas School for the Deaf, and the Texas
  Juvenile Justice Department [Youth Commission].
         SECTION 32.  Sections 37.0062(a), (b), and (d), Education
  Code, are amended to read as follows:
         (a)  The commissioner shall determine the instructional
  requirements for education services provided by a school district
  or open-enrollment charter school in a pre-adjudication secure
  detention facility or a post-adjudication secure correctional
  facility operated by a juvenile board or a post-adjudication secure
  correctional facility operated under contract with the Texas
  Juvenile Justice Department [Youth Commission], including
  requirements relating to:
               (1)  the length of the school day;
               (2)  the number of days of instruction provided to
  students each school year; and
               (3)  the curriculum of the educational program.
         (b)  The commissioner shall coordinate with the Texas
  Juvenile Justice Department in determining the instructional
  requirements for education services provided under Subsection (a):
               (1)  [the Texas Juvenile Probation Commission in
  determining the instructional requirements for education services
  provided under Subsection (a)] in a pre-adjudication secure
  detention facility or a post-adjudication secure correctional
  facility operated by a juvenile board; and
               (2)  [the Texas Youth Commission in determining the
  instructional requirements for education services provided under
  Subsection (a)] in a post-adjudication secure correctional
  facility operated under contract with the department [Texas Youth
  Commission].
         (d)  The Texas Juvenile Justice Department [Probation
  Commission or the Texas Youth Commission, as applicable,] shall
  coordinate with the commissioner in establishing standards for:
               (1)  ensuring security in the provision of education
  services in the facilities; and
               (2)  providing children in the custody of the
  facilities access to education services.
         SECTION 33.  Sections 37.011(a), (a-1), (f), (g), and (h),
  Education Code, are amended to read as follows:
         (a)  The juvenile board of a county with a population greater
  than 125,000 shall develop a juvenile justice alternative education
  program, subject to the approval of the Texas Juvenile Justice
  Department [Probation Commission]. The juvenile board of a county
  with a population of 125,000 or less may develop a juvenile justice
  alternative education program. For the purposes of this
  subchapter, only a disciplinary alternative education program
  operated under the authority of a juvenile board of a county is
  considered a juvenile justice alternative education program. A
  juvenile justice alternative education program in a county with a
  population of 125,000 or less:
               (1)  is not required to be approved by the department 
  [Texas Juvenile Probation Commission]; and
               (2)  is not subject to Subsection (c), (d), (f), or (g).
         (a-1)  For purposes of this section and Section 37.010(a), a
  county with a population greater than 125,000 is considered to be a
  county with a population of 125,000 or less if:
               (1)  the county had a population of 125,000 or less
  according to the 2000 federal census; and
               (2)  the juvenile board of the county enters into, with
  the approval of the Texas Juvenile Justice Department [Probation
  Commission], a memorandum of understanding with each school
  district within the county that:
                     (A)  outlines the responsibilities of the board
  and school districts in minimizing the number of students expelled
  without receiving alternative educational services; and
                     (B)  includes the coordination procedures
  required by Section 37.013.
         (f)  A juvenile justice alternative education program must
  operate at least seven hours per day and 180 days per year, except
  that a program may apply to the Texas Juvenile Justice Department
  [Probation Commission] for a waiver of the 180-day requirement.
  The department [commission] may not grant a waiver to a program
  under this subsection for a number of days that exceeds the highest
  number of instructional days waived by the commissioner during the
  same school year for a school district served by the program.
         (g)  A juvenile justice alternative education program shall
  be subject to a written operating policy developed by the local
  juvenile justice board and submitted to the Texas Juvenile Justice
  Department [Probation Commission] for review and comment. A
  juvenile justice alternative education program is not subject to a
  requirement imposed by this title, other than a reporting
  requirement or a requirement imposed by this chapter or by Chapter
  39.
         (h)  Academically, the mission of juvenile justice
  alternative education programs shall be to enable students to
  perform at grade level. For purposes of accountability under
  Chapter 39, a student enrolled in a juvenile justice alternative
  education program is reported as if the student were enrolled at the
  student's assigned campus in the student's regularly assigned
  education program, including a special education program. Annually
  the Texas Juvenile Justice Department [Probation Commission], with
  the agreement of the commissioner, shall develop and implement a
  system of accountability consistent with Chapter 39, where
  appropriate, to assure that students make progress toward grade
  level while attending a juvenile justice alternative education
  program. The department [Texas Juvenile Probation Commission]
  shall adopt rules for the distribution of funds appropriated under
  this section to juvenile boards in counties required to establish
  juvenile justice alternative education programs. Except as
  determined by the commissioner, a student served by a juvenile
  justice alternative education program on the basis of an expulsion
  required under Section 37.007(a), (d), or (e) is not eligible for
  Foundation School Program funding under Chapter 42 or 31 if the
  juvenile justice alternative education program receives funding
  from the department [Texas Juvenile Probation Commission] under
  this subchapter.
         SECTION 34.  Section 37.084(b), Education Code, is amended
  to read as follows:
         (b)  The commissioner may enter into an interagency
  agreement to share educational information for research and
  analytical purposes with the:
               (1)  Texas Juvenile Justice Department [Probation
  Commission]; and
               (2)  [Texas Youth Commission;
               [(3)]  Texas Department of Criminal Justice[; and
               [(4)  Criminal Justice Policy Council].
         SECTION 35.  Sections 37.203(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The center is advised by a board of directors composed
  of:
               (1)  the attorney general, or the attorney general's
  designee;
               (2)  the commissioner, or the commissioner's designee;
               (3)  the executive director of the Texas Juvenile
  Justice Department [Probation Commission], or the executive
  director's designee;
               (4)  [the executive commissioner of the Texas Youth
  Commission, or the executive commissioner's designee;
               [(5)]  the commissioner of the Department of State
  Health Services, or the commissioner's designee;
               (5) [(6)]  the commissioner of higher education, or the
  commissioner's designee; and
               (6) [(7)]  the following members appointed by the
  governor with the advice and consent of the senate:
                     (A)  a juvenile court judge;
                     (B)  a member of a school district's board of
  trustees;
                     (C)  an administrator of a public primary school;
                     (D)  an administrator of a public secondary
  school;
                     (E)  a member of the state parent-teacher
  association;
                     (F)  a teacher from a public primary or secondary
  school;
                     (G)  a public school superintendent who is a
  member of the Texas Association of School Administrators;
                     (H)  a school district police officer or a peace
  officer whose primary duty consists of working in a public school;
  and
                     (I)  two members of the public.
         (b)  Members of the board appointed under Subsection (a)(6)
  [(a)(7)] serve staggered two-year terms, with the terms of the
  members described by Subsections (a)(6)(A)-(E) [(a)(7)(A)-(E)]
  expiring on February 1 of each odd-numbered year and the terms of
  the members described by Subsections (a)(6)(F)-(I) [(a)(7)(F)-(I)]
  expiring on February 1 of each even-numbered year.  A member may
  serve more than one term.
         SECTION 36.  Section 52.40(a), Education Code, is amended to
  read as follows:
         (a)  The board may cancel the repayment of a loan received by
  a student who earns a doctorate of psychology degree and who, prior
  to the date on which repayment of the loan is to commence, is
  employed by the Department of Aging and Disability Services, the
  Department of State Health Services, or the Health and Human
  Services Commission and performs duties formerly performed by
  employees of the Texas Department of Human Services or Texas
  Department of Mental Health and Mental Retardation, the Texas
  Juvenile Justice Department [Youth Commission], or the Texas
  Department of Criminal Justice.
         SECTION 37.  Section 32.001(b), Family Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subsection, the
  Texas Juvenile Justice Department [Youth Commission] may consent to
  the medical, dental, psychological, and surgical treatment of a
  child committed to the department [Texas Youth Commission] under
  Title 3 when the person having the right to consent has been
  contacted and that person has not given actual notice to the
  contrary.  Consent for medical, dental, psychological, and
  surgical treatment of a child for whom the Department of Family and
  Protective Services has been appointed managing conservator and who
  is committed to the Texas Juvenile Justice Department [Youth
  Commission] is governed by Sections 266.004, 266.009, and 266.010.
         SECTION 38.  Section 32.101(d), Family Code, is amended to
  read as follows:
         (d)  The Texas Juvenile Justice Department [Youth
  Commission] may consent to the immunization of a child committed to
  it if a parent, managing conservator, or guardian of the minor or
  other person who, under the law of another state or court order, may
  consent for the minor has been contacted and:
               (1)  refuses to consent; and
               (2)  does not expressly deny to the department [Texas
  Youth Commission] the authority to consent for the child.
         SECTION 39.  Section 51.031(b), Family Code, is amended to
  read as follows:
         (b)  For purposes of this section, an adjudication is final
  if the child is placed on probation or committed to the Texas
  Juvenile Justice Department [Youth Commission].
         SECTION 40.  Section 51.06(b), Family Code, is amended to
  read as follows:
         (b)  An application for a writ of habeas corpus brought by or
  on behalf of a person who has been committed to an institution under
  the jurisdiction of the Texas Juvenile Justice Department [Youth
  Commission] and which attacks the validity of the judgment of
  commitment shall be brought in the county in which the court that
  entered the judgment of commitment is located.
         SECTION 41.  Section 51.10(b), Family Code, is amended to
  read as follows:
         (b)  The child's right to representation by an attorney shall
  not be waived in:
               (1)  a hearing to consider transfer to criminal court
  as required by Section 54.02 [of this code];
               (2)  an adjudication hearing as required by Section
  54.03 [of this code];
               (3)  a disposition hearing as required by Section 54.04
  [of this code];
               (4)  a hearing prior to commitment to the Texas
  Juvenile Justice Department [Youth Commission] as a modified
  disposition in accordance with Section 54.05(f) [of this code]; or
               (5)  hearings required by Chapter 55 [of this code].
         SECTION 42.  Section 51.101(e), Family Code, is amended to
  read as follows:
         (e)  The juvenile court shall determine whether the child's
  family is indigent if a motion or petition is filed under Section
  54.05 seeking to modify disposition by committing the child to the
  Texas Juvenile Justice Department [Youth Commission] or placing the
  child in a secure correctional facility. A court that makes a
  finding of indigence shall appoint an attorney to represent the
  child on or before the fifth working day after the date the petition
  or motion has been filed. An attorney appointed under this
  subsection shall continue to represent the child until the court
  rules on the motion or petition, the family retains an attorney, or
  a new attorney is appointed.
         SECTION 43.  Section 51.102(b), Family Code, is amended to
  read as follows:
         (b)  A plan adopted under Subsection (a) must:
               (1)  to the extent practicable, comply with the
  requirements of Article 26.04, Code of Criminal Procedure, except
  that:
                     (A)  the income and assets of the child's parent
  or other person responsible for the child's support must be used in
  determining whether the child is indigent; and
                     (B)  any alternative plan for appointing counsel
  is established by the juvenile board in the county; and
               (2)  recognize the differences in qualifications and
  experience necessary for appointments to cases in which:
                     (A)  the allegation is:
                           (i)  conduct indicating a need for
  supervision or delinquent conduct, and commitment to the Texas
  Juvenile Justice Department [Youth Commission] is not an authorized
  disposition; or
                           (ii)  delinquent conduct, and commitment to
  the department [Texas Youth Commission] without a determinate
  sentence is an authorized disposition; or
                     (B)  determinate sentence proceedings have been
  initiated or proceedings for discretionary transfer to criminal
  court have been initiated.
         SECTION 44.  Sections 51.12(c), (c-1), (h), (i), (j), (l),
  and (m), Family Code, are amended to read as follows:
         (c)  In each county, each judge of the juvenile court and a
  majority of the members of the juvenile board shall personally
  inspect all public or private juvenile pre-adjudication secure
  detention facilities that are located in the county at least
  annually and shall certify in writing to the authorities
  responsible for operating and giving financial support to the
  facilities and to the Texas Juvenile Justice Department [Probation
  Commission] that the facilities are suitable or unsuitable for the
  detention of children.  In determining whether a facility is
  suitable or unsuitable for the detention of children, the juvenile
  court judges and juvenile board members shall consider:
               (1)  current monitoring and inspection reports and any
  noncompliance citation reports issued by the department [Texas
  Juvenile Probation Commission], including the report provided
  under Subsection (c-1), and the status of any required corrective
  actions;
               (2)  current governmental inspector certification
  regarding the facility's compliance with local fire codes;
               (3)  current building inspector certification
  regarding the facility's compliance with local building codes;
               (4)  for the 12-month period preceding the inspection,
  the total number of allegations of abuse, neglect, or exploitation
  reported by the facility and a summary of the findings of any
  investigations of abuse, neglect, or exploitation conducted by the
  facility, a local law enforcement agency, and the department [Texas
  Juvenile Probation Commission];
               (5)  the availability of health and mental health
  services provided to facility residents;
               (6)  the availability of educational services provided
  to facility residents; and
               (7)  the overall physical appearance of the facility,
  including the facility's security, maintenance, cleanliness, and
  environment.
         (c-1)  The Texas Juvenile Justice Department [Probation
  Commission] shall annually inspect each public or private juvenile
  pre-adjudication secure detention facility.  The department [Texas
  Juvenile Probation Commission] shall provide a report to each
  juvenile court judge presiding in the same county as an inspected
  facility indicating whether the facility is suitable or unsuitable
  for the detention of children in accordance with:
               (1)  the requirements of Subsections (a), (f), and (g);
  and
               (2)  minimum professional standards for the detention
  of children in pre-adjudication secure confinement promulgated by
  the department [Texas Juvenile Probation Commission] or, at the
  election of the juvenile board of the county in which the facility
  is located, the current standards promulgated by the American
  Correctional Association.
         (h)  This section does not apply to a person:
               (1)  who has been transferred to criminal court for
  prosecution under Section 54.02 and is at least 17 years of age; or
               (2)  who is at least 17 years of age and who has been
  taken into custody after having:
                     (A)  escaped from a juvenile facility operated by
  or under contract with the Texas Juvenile Justice Department [Youth
  Commission]; or
                     (B)  violated a condition of release under
  supervision of the department [Texas Youth Commission].
         (i)  Except for a facility as provided by Subsection (l), a
  governmental unit or private entity that operates or contracts for
  the operation of a juvenile pre-adjudication secure detention
  facility under Subsection (b-1) in this state shall:
               (1)  register the facility annually with the Texas
  Juvenile Justice Department [Probation Commission]; and
               (2)  adhere to all applicable minimum standards for the
  facility.
         (j)  After being taken into custody, a child may be detained
  in a secure detention facility until the child is released under
  Section 53.01, 53.012, or 53.02 or until a detention hearing is held
  under Section 54.01(a), regardless of whether the facility has been
  certified under Subsection (c), if:
               (1)  a certified juvenile detention facility is not
  available in the county in which the child is taken into custody;
               (2)  the detention facility complies with:
                     (A)  the short-term detention standards adopted
  by the Texas Juvenile Justice Department [Probation Commission];
  and
                     (B)  the requirements of Subsection (f); and
               (3)  the detention facility has been designated by the
  county juvenile board for the county in which the facility is
  located.
         (l)  A child who is taken into custody and required to be
  detained under Section 53.02(f) may be detained in a county jail or
  other facility until the child is released under Section 53.02(f)
  or until a detention hearing is held as required by Section
  54.01(p), regardless of whether the facility complies with the
  requirements of this section, if:
               (1)  a certified juvenile detention facility or a
  secure detention facility described by Subsection (j) is not
  available in the county in which the child is taken into custody or
  in an adjacent county;
               (2)  the facility has been designated by the county
  juvenile board for the county in which the facility is located;
               (3)  the child is separated by sight and sound from
  adults detained in the same facility through architectural design
  or time-phasing;
               (4)  the child does not have any contact with
  management or direct-care staff that has contact with adults
  detained in the same facility on the same work shift;
               (5)  the county in which the child is taken into custody
  is not located in a metropolitan statistical area as designated by
  the United States Bureau of the Census; and
               (6)  each judge of the juvenile court and a majority of
  the members of the juvenile board of the county in which the child
  is taken into custody have personally inspected the facility at
  least annually and have certified in writing to the Texas Juvenile
  Justice Department [Probation Commission] that the facility
  complies with the requirements of Subdivisions (3) and (4).
         (m)  The Texas Juvenile Justice Department [Probation
  Commission] may deny, suspend, or revoke the registration of any
  facility required to register under Subsection (i) if the facility
  fails to:
               (1)  adhere to all applicable minimum standards for the
  facility; or
               (2)  timely correct any notice of noncompliance with
  minimum standards.
         SECTION 45.  Sections 51.125(b), (c), (d), and (e), Family
  Code, are amended to read as follows:
         (b)  In each county, each judge of the juvenile court and a
  majority of the members of the juvenile board shall personally
  inspect all public or private juvenile post-adjudication secure
  correctional facilities that are not operated by the Texas Juvenile
  Justice Department [Youth Commission] and that are located in the
  county at least annually and shall certify in writing to the
  authorities responsible for operating and giving financial support
  to the facilities and to the department [Texas Juvenile Probation
  Commission] that the facility or facilities are suitable or
  unsuitable for the confinement of children.  In determining
  whether a facility is suitable or unsuitable for the confinement of
  children, the juvenile court judges and juvenile board members
  shall consider:
               (1)  current monitoring and inspection reports and any
  noncompliance citation reports issued by the department [Texas
  Juvenile Probation Commission], including the report provided
  under Subsection (c), and the status of any required corrective
  actions; and
               (2)  the other factors described under Sections
  51.12(c)(2)-(7).
         (c)  The Texas Juvenile Justice Department [Probation
  Commission] shall annually inspect each public or private juvenile
  post-adjudication secure correctional facility that is not
  operated by the department [Texas Youth Commission].  The
  department [Texas Juvenile Probation Commission] shall provide a
  report to each juvenile court judge presiding in the same county as
  an inspected facility indicating whether the facility is suitable
  or unsuitable for the confinement of children in accordance with
  minimum professional standards for the confinement of children in
  post-adjudication secure confinement promulgated by the department 
  [Texas Juvenile Probation Commission] or, at the election of the
  juvenile board of the county in which the facility is located, the
  current standards promulgated by the American Correctional
  Association.
         (d)  A governmental unit or private entity that operates or
  contracts for the operation of a juvenile post-adjudication secure
  correctional facility in this state under Subsection (a), except
  for a facility operated by or under contract with the Texas Juvenile
  Justice Department [Youth Commission], shall:
               (1)  register the facility annually with the department 
  [Texas Juvenile Probation Commission]; and
               (2)  adhere to all applicable minimum standards for the
  facility.
         (e)  The Texas Juvenile Justice Department [Probation
  Commission] may deny, suspend, or revoke the registration of any
  facility required to register under Subsection (d) if the facility
  fails to:
               (1)  adhere to all applicable minimum standards for the
  facility; or
               (2)  timely correct any notice of noncompliance with
  minimum standards.
         SECTION 46.  Section 51.21(b), Family Code, is amended to
  read as follows:
         (b)  A probation department shall report each referral of a
  child to a local mental health authority made under Subsection (a)
  to the Texas Juvenile Justice Department [Probation Commission] in
  a format specified by the Texas Juvenile Justice Department
  [commission].
         SECTION 47.  Section 53.01(e), Family Code, is amended to
  read as follows:
         (e)  If a juvenile board adopts an alternative referral plan
  under Subsection (d), the board shall register the plan with the
  Texas Juvenile Justice Department [Probation Commission].
         SECTION 48.  Section 53.03(d), Family Code, is amended to
  read as follows:
         (d)  The juvenile board may adopt a fee schedule for deferred
  prosecution services and rules for the waiver of a fee for financial
  hardship in accordance with guidelines that the Texas Juvenile
  Justice Department [Probation Commission] shall provide. The
  maximum fee is $15 a month. If the board adopts a schedule and rules
  for waiver, the probation officer or other designated officer of
  the court shall collect the fee authorized by the schedule from the
  parent, guardian, or custodian of a child for whom a deferred
  prosecution is authorized under this section or waive the fee in
  accordance with the rules adopted by the board. The officer shall
  deposit the fees received under this section in the county treasury
  to the credit of a special fund that may be used only for juvenile
  probation or community-based juvenile corrections services or
  facilities in which a juvenile may be required to live while under
  court supervision. If the board does not adopt a schedule and rules
  for waiver, a fee for deferred prosecution services may not be
  imposed.
         SECTION 49.  Sections 54.04(e), (i), (k), and (o), Family
  Code, are amended to read as follows:
         (e)  The Texas Juvenile Justice Department [Youth
  Commission] shall accept a person properly committed to it by a
  juvenile court even though the person may be 17 years of age or
  older at the time of commitment.
         (i)  If the court places the child on probation outside the
  child's home or commits the child to the Texas Juvenile Justice
  Department [Youth Commission], the court:
               (1)  shall include in its order its determination that:
                     (A)  it is in the child's best interests to be
  placed outside the child's home;
                     (B)  reasonable efforts were made to prevent or
  eliminate the need for the child's removal from the home and to make
  it possible for the child to return to the child's home; and
                     (C)  the child, in the child's home, cannot be
  provided the quality of care and level of support and supervision
  that the child needs to meet the conditions of probation; and
               (2)  may approve an administrative body to conduct
  permanency hearings pursuant to 42 U.S.C. Section 675 if required
  during the placement or commitment of the child.
         (k)  Except as provided by Subsection (m), the period to
  which a court or jury may sentence a person to commitment to the
  Texas Juvenile Justice Department [Youth Commission] with a
  transfer to the Texas Department of Criminal Justice under
  Subsection (d)(3) applies without regard to whether the person has
  previously been adjudicated as having engaged in delinquent
  conduct.
         (o)  In a disposition under this title:
               (1)  a status offender may not, under any
  circumstances, be committed to the Texas Juvenile Justice
  Department [Youth Commission] for engaging in conduct that would
  not, under state or local law, be a crime if committed by an adult;
               (2)  a status offender may not, under any circumstances
  other than as provided under Subsection (n), be placed in a
  post-adjudication secure correctional facility; and
               (3)  a child adjudicated for contempt of a county,
  justice, or municipal court order may not, under any circumstances,
  be placed in a post-adjudication secure correctional facility or
  committed to the Texas Juvenile Justice Department [Youth
  Commission] for that conduct.
         SECTION 50.  Sections 54.0401(d) and (e), Family Code, are
  amended to read as follows:
         (d)  The Texas Juvenile Justice Department [Probation
  Commission] shall establish guidelines for the implementation of
  community-based programs described by this section.  The juvenile
  board of each county to which this section applies shall implement a
  community-based program that complies with those guidelines.
         (e)  The Texas Juvenile Justice Department [Probation
  Commission] shall provide grants to selected juvenile boards to
  assist with the implementation of a system of community-based
  programs under this section.
         SECTION 51.  Section 54.0411(h), Family Code, is amended to
  read as follows:
         (h)  The legislature shall determine and appropriate the
  necessary amount from the juvenile probation diversion fund to the
  Texas Juvenile Justice Department [Probation Commission] for the
  purchase of services the department [commission] considers
  necessary for the diversion of any juvenile who is at risk of
  commitment to the department [Texas Youth Commission]. The
  department [Texas Juvenile Probation Commission] shall develop
  guidelines for the use of the fund. The department [commission] may
  not purchase the services if a person responsible for the child's
  support or a local juvenile probation department is financially
  able to provide the services.
         SECTION 52.  Section 54.0462(a), Family Code, is amended to
  read as follows:
         (a)  If a child is adjudicated as having engaged in
  delinquent conduct that constitutes the commission of a felony and
  the provision of a DNA sample is required under Section 54.0409 or
  other law, the juvenile court shall order the child, parent, or
  other person responsible for the child's support to pay to the court
  as a cost of court:
               (1)  a $50 fee if the disposition of the case includes a
  commitment to a facility operated by or under contract with the
  Texas Juvenile Justice Department [Youth Commission]; and
               (2)  a $34 fee if the disposition of the case does not
  include a commitment described by Subdivision (1) and the child is
  required to submit a DNA sample under Section 54.0409 or other law.
         SECTION 53.  Section 54.0491(c), Family Code, is amended to
  read as follows:
         (c)  If a child required to attend a criminal street gang
  intervention program is committed to the Texas Juvenile Justice
  Department [Youth Commission] as a result of the gang-related
  conduct, the child must complete the intervention program before
  being discharged from the custody of or released under supervision
  by the department [commission].
         SECTION 54.  Sections 54.05(a), (g), and (h), Family Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection (a-1), any
  disposition, except a commitment to the Texas Juvenile Justice
  Department [Youth Commission], may be modified by the juvenile
  court as provided in this section until:
               (1)  the child reaches:
                     (A)  the child's 18th birthday; or
                     (B)  the child's 19th birthday, if the child was
  placed on determinate sentence probation under Section 54.04(q); or
               (2)  the child is earlier discharged by the court or
  operation of law.
         (g)  Except as provided by Subsection (j), a disposition
  based solely on a finding that the child engaged in conduct
  indicating a need for supervision may not be modified to commit the
  child to the Texas Juvenile Justice Department [Youth Commission].
  A new finding in compliance with Section 54.03 must be made that the
  child engaged in delinquent conduct that meets the requirements for
  commitment under Section 54.04.
         (h)  A hearing shall be held prior to placement in a
  post-adjudication secure correctional facility for a period longer
  than 30 days or commitment to the Texas Juvenile Justice Department
  [Youth Commission] as a modified disposition. In other disposition
  modifications, the child and the child's parent, guardian, guardian
  ad litem, or attorney may waive hearing in accordance with Section
  51.09.
         SECTION 55.  Sections 54.06(a) and (b), Family Code, are
  amended to read as follows:
         (a)  At any stage of the proceeding, when a child has been
  placed outside the child's home, the juvenile court, after giving
  the parent or other person responsible for the child's support a
  reasonable opportunity to be heard, shall order the parent or other
  person to pay in a manner directed by the court a reasonable sum for
  the support in whole or in part of the child or the court shall waive
  the payment by order. The court shall order that the payment for
  support be made to the local juvenile probation department to be
  used only for residential care and other support for the child
  unless the child has been committed to the Texas Juvenile Justice
  Department [Youth Commission], in which case the court shall order
  that the payment be made to the Texas Juvenile Justice Department
  [Youth Commission] for deposit in a special account in the general
  revenue fund that may be appropriated only for the care of children
  committed to the Texas Juvenile Justice Department [commission].
         (b)  At any stage of the proceeding, when a child has been
  placed outside the child's home and the parent of the child is
  obligated to pay support for the child under a court order under
  Title 5, the juvenile court shall order that the person entitled to
  receive the support assign the person's right to support for the
  child placed outside the child's home to the local juvenile
  probation department to be used for residential care and other
  support for the child unless the child has been committed to the
  Texas Juvenile Justice Department [Youth Commission], in which
  event the court shall order that the assignment be made to the Texas
  Juvenile Justice Department [Youth Commission].
         SECTION 56.  Section 57.002, Family Code, is amended to read
  as follows:
         Sec. 57.002.  VICTIM'S RIGHTS. (a)  A victim, guardian of a
  victim, or close relative of a deceased victim is entitled to the
  following rights within the juvenile justice system:
               (1)  the right to receive from law enforcement agencies
  adequate protection from harm and threats of harm arising from
  cooperation with prosecution efforts;
               (2)  the right to have the court or person appointed by
  the court take the safety of the victim or the victim's family into
  consideration as an element in determining whether the child should
  be detained before the child's conduct is adjudicated;
               (3)  the right, if requested, to be informed of
  relevant court proceedings, including appellate proceedings, and
  to be informed in a timely manner if those court proceedings have
  been canceled or rescheduled;
               (4)  the right to be informed, when requested, by the
  court or a person appointed by the court concerning the procedures
  in the juvenile justice system, including general procedures
  relating to:
                     (A)  the preliminary investigation and deferred
  prosecution of a case; and
                     (B)  the appeal of the case;
               (5)  the right to provide pertinent information to a
  juvenile court conducting a disposition hearing concerning the
  impact of the offense on the victim and the victim's family by
  testimony, written statement, or any other manner before the court
  renders its disposition;
               (6)  the right to receive information regarding
  compensation to victims as provided by Subchapter B, Chapter 56,
  Code of Criminal Procedure, including information related to the
  costs that may be compensated under that subchapter and the amount
  of compensation, eligibility for compensation, and procedures for
  application for compensation under that subchapter, the payment of
  medical expenses under Section 56.06, Code of Criminal Procedure,
  for a victim of a sexual assault, and when requested, to referral to
  available social service agencies that may offer additional
  assistance;
               (7)  the right to be informed, upon request, of
  procedures for release under supervision or transfer of the person
  to the custody of the Texas Department of Criminal Justice for
  parole, to participate in the release or transfer for parole
  process, to be notified, if requested, of the person's release,
  escape, or transfer for parole proceedings concerning the person,
  to provide to the Texas Juvenile Justice Department for inclusion
  in the person's file information to be considered by the department
  [commission] before the release under supervision or transfer for
  parole of the person, and to be notified, if requested, of the
  person's release or transfer for parole;
               (8)  the right to be provided with a waiting area,
  separate or secure from other witnesses, including the child
  alleged to have committed the conduct and relatives of the child,
  before testifying in any proceeding concerning the child, or, if a
  separate waiting area is not available, other safeguards should be
  taken to minimize the victim's contact with the child and the
  child's relatives and witnesses, before and during court
  proceedings;
               (9)  the right to prompt return of any property of the
  victim that is held by a law enforcement agency or the attorney for
  the state as evidence when the property is no longer required for
  that purpose;
               (10)  the right to have the attorney for the state
  notify the employer of the victim, if requested, of the necessity of
  the victim's cooperation and testimony in a proceeding that may
  necessitate the absence of the victim from work for good cause;
               (11)  the right to be present at all public court
  proceedings related to the conduct of the child as provided by
  Section 54.08, subject to that section; and
               (12)  any other right appropriate to the victim that a
  victim of criminal conduct has under Article 56.02 or 56.021, Code
  of Criminal Procedure.
         (b)  In notifying a victim of the release or escape of a
  person, the Texas Juvenile Justice Department [Youth Commission]
  shall use the same procedure established for the notification of
  the release or escape of an adult offender under Article 56.11, Code
  of Criminal Procedure.
         SECTION 57.  Section 57.003(c), Family Code, is amended to
  read as follows:
         (c)  The victim assistance coordinator shall ensure that a
  victim, or close relative of a deceased victim, is afforded the
  rights granted victims, guardians, and relatives by Section 57.002
  and, on request, an explanation of those rights. The victim
  assistance coordinator shall work closely with appropriate law
  enforcement agencies, prosecuting attorneys, and the Texas
  Juvenile Justice Department [Probation Commission, and the Texas
  Youth Commission] in carrying out that duty.
         SECTION 58.  Section 57.004, Family Code, is amended to read
  as follows:
         Sec. 57.004.  NOTIFICATION. A court, a person appointed by
  the court, or the Texas Juvenile Justice Department [Youth
  Commission] is responsible for notifying a victim, guardian of a
  victim, or close relative of a deceased victim of a proceeding under
  this chapter only if the victim, guardian of a victim, or close
  relative of a deceased victim requests the notification in writing
  and provides a current address to which the notification is to be
  sent.
         SECTION 59.  Section 57.005, Family Code, is amended to read
  as follows:
         Sec. 57.005.  LIABILITY. The Texas Juvenile Justice
  Department [Youth Commission], a juvenile board, a court, a person
  appointed by a court, an attorney for the state, a peace officer, or
  a law enforcement agency is not liable for a failure or inability to
  provide a right listed under Section 57.002 [of this code].
         SECTION 60.  Section 58.005(a), Family Code, is amended to
  read as follows:
         (a)  Records and files concerning a child, including
  personally identifiable information, and information obtained for
  the purpose of diagnosis, examination, evaluation, or treatment or
  for making a referral for treatment of a child by a public or
  private agency or institution providing supervision of a child by
  arrangement of the juvenile court or having custody of the child
  under order of the juvenile court may be disclosed only to:
               (1)  the professional staff or consultants of the
  agency or institution;
               (2)  the judge, probation officers, and professional
  staff or consultants of the juvenile court;
               (3)  an attorney for the child;
               (4)  a governmental agency if the disclosure is
  required or authorized by law;
               (5)  a person or entity to whom the child is referred
  for treatment or services if the agency or institution disclosing
  the information has entered into a written confidentiality
  agreement with the person or entity regarding the protection of the
  disclosed information;
               (6)  the Texas Department of Criminal Justice and the
  Texas Juvenile Justice Department [Probation Commission] for the
  purpose of maintaining statistical records of recidivism and for
  diagnosis and classification; or
               (7)  with leave of the juvenile court, any other
  person, agency, or institution having a legitimate interest in the
  proceeding or in the work of the court.
         SECTION 61.  Section 58.007(d), Family Code, is amended to
  read as follows:
         (d)  The law enforcement files and records of a person who is
  transferred from the Texas Juvenile Justice Department [Youth
  Commission] to the Texas Department of Criminal Justice may be
  transferred to a central state or federal depository for adult
  records on or after the date of transfer.
         SECTION 62.  Sections 58.0072(a), (c), (d), (e), (f), and
  (g), Family Code, are amended to read as follows:
         (a)  Except as provided by this section, juvenile justice
  information collected and maintained by the Texas Juvenile Justice
  Department [Probation Commission] for statistical and research
  purposes is confidential information for the use of the department
  [commission] and may not be disseminated by the department
  [commission].
         (c)  The Texas Juvenile Justice Department [Probation
  Commission] may grant the following entities access to juvenile
  justice information for research and statistical purposes or for
  any other purpose approved by the department [commission]:
               (1)  criminal justice agencies as defined by Section
  411.082, Government Code;
               (2)  the Texas Education Agency, as authorized under
  Section 37.084, Education Code;
               (3)  any agency under the authority of the Health and
  Human Services Commission; or
               (4)  a public or private university.
         (d)  The Texas Juvenile Justice Department [Probation
  Commission] may grant the following entities access to juvenile
  justice information only for a purpose beneficial to and approved
  by the department [commission] to:
               (1)  a person working on a research or statistical
  project that:
                     (A)  is funded in whole or in part by state or
  federal funds; and
                     (B)  meets the requirements of and is approved by
  the department [commission]; or
               (2)  a governmental entity that has a specific
  agreement with the department [commission], if the agreement:
                     (A)  specifically authorizes access to
  information;
                     (B)  limits the use of information to the purposes
  for which the information is given;
                     (C)  ensures the security and confidentiality of
  the information; and
                     (D)  provides for sanctions if a requirement
  imposed under Paragraph (A), (B), or (C) is violated.
         (e)  The Texas Juvenile Justice Department [Probation
  Commission] shall grant access to juvenile justice information for
  legislative purposes under Section 552.008, Government Code.
         (f)  The Texas Juvenile Justice Department [Probation
  Commission] may not release juvenile justice information in
  identifiable form, except for information released under
  Subsection (c)(1), (2), or (3) or under the terms of an agreement
  entered into under Subsection (d)(2).  For purposes of this
  subsection, identifiable information means information that
  contains a juvenile offender's name or other personal identifiers
  or that can, by virtue of sample size or other factors, be
  reasonably interpreted as referring to a particular juvenile
  offender.
         (g)  The Texas Juvenile Justice Department [Probation
  Commission] is not required to release or disclose juvenile justice
  information to any person not identified under this section.
         SECTION 63.  Section 58.102(b), Family Code, is amended to
  read as follows:
         (b)  The department shall develop and maintain the system
  with the cooperation and advice of the:
               (1)  [Texas Youth Commission;
               [(2)]  Texas Juvenile Justice Department [Probation
  Commission];
               [(3)  Criminal Justice Policy Council;] and
               (2) [(4)]  juvenile courts and clerks of juvenile
  courts.
         SECTION 64.  Section 58.104(b), Family Code, is amended to
  read as follows:
         (b)  To the extent possible and subject to Subsection (a),
  the department shall include in the juvenile justice information
  system the following information for each juvenile offender taken
  into custody, detained, or referred under this title for delinquent
  conduct:
               (1)  the juvenile offender's name, including other
  names by which the juvenile offender is known;
               (2)  the juvenile offender's date and place of birth;
               (3)  the juvenile offender's physical description,
  including sex, weight, height, race, ethnicity, eye color, hair
  color, scars, marks, and tattoos;
               (4)  the juvenile offender's state identification
  number, and other identifying information, as determined by the
  department;
               (5)  the juvenile offender's fingerprints;
               (6)  the juvenile offender's last known residential
  address, including the census tract number designation for the
  address;
               (7)  the name and identifying number of the agency that
  took into custody or detained the juvenile offender;
               (8)  the date of detention or custody;
               (9)  the conduct for which the juvenile offender was
  taken into custody, detained, or referred, including level and
  degree of the alleged offense;
               (10)  the name and identifying number of the juvenile
  intake agency or juvenile probation office;
               (11)  each disposition by the juvenile intake agency or
  juvenile probation office;
               (12)  the date of disposition by the juvenile intake
  agency or juvenile probation office;
               (13)  the name and identifying number of the
  prosecutor's office;
               (14)  each disposition by the prosecutor;
               (15)  the date of disposition by the prosecutor;
               (16)  the name and identifying number of the court;
               (17)  each disposition by the court, including
  information concerning custody of a juvenile offender by a juvenile
  justice agency or probation;
               (18)  the date of disposition by the court;
               (19)  any commitment or release under supervision by
  the Texas Juvenile Justice Department [Youth Commission];
               (20)  the date of any commitment or release under
  supervision by the Texas Juvenile Justice Department [Youth
  Commission]; and
               (21)  a description of each appellate proceeding.
         SECTION 65.  Sections 58.106(a) and (c), Family Code, are
  amended to read as follows:
         (a)  Except as otherwise provided by this section,
  information contained in the juvenile justice information system is
  confidential information for the use of the department and may not
  be disseminated by the department except:
               (1)  with the permission of the juvenile offender, to
  military personnel of this state or the United States;
               (2)  to a person or entity to which the department may
  grant access to adult criminal history records as provided by
  Section 411.083, Government Code;
               (3)  to a juvenile justice agency;
               (4)  to the [Texas Youth Commission and the] Texas
  Juvenile Justice Department [Probation Commission] for analytical
  purposes;
               (5)  to the office of independent ombudsman of the
  Texas Juvenile Justice Department [Youth Commission]; and
               (6)  to a county, justice, or municipal court
  exercising jurisdiction over a juvenile, including a court
  exercising jurisdiction over a juvenile under Section 54.021.
         (c)  The department may, if necessary to protect the welfare
  of the community, disseminate to the public the following
  information relating to a juvenile who has escaped from the custody
  of the Texas Juvenile Justice Department [Youth Commission] or from
  another secure detention or correctional facility:
               (1)  the juvenile's name, including other names by
  which the juvenile is known;
               (2)  the juvenile's physical description, including
  sex, weight, height, race, ethnicity, eye color, hair color, scars,
  marks, and tattoos;
               (3)  a photograph of the juvenile; and
               (4)  a description of the conduct for which the
  juvenile was committed to the Texas Juvenile Justice Department
  [Youth Commission] or detained in the secure detention or
  correctional facility, including the level and degree of the
  alleged offense.
         SECTION 66.  Section 58.112, Family Code, is amended to read
  as follows:
         Sec. 58.112.  REPORT TO LEGISLATURE. Not later than August
  15 of each year, the Texas Juvenile Justice Department [Probation
  Commission] shall submit to the lieutenant governor, the speaker of
  the house of representatives, and the governor a report that
  contains the following statistical information relating to
  children referred to a juvenile court during the preceding year:
               (1)  the ages, races, and counties of residence of the
  children transferred to a district court or criminal district court
  for criminal proceedings; and
               (2)  the ages, races, and counties of residence of the
  children committed to the Texas Juvenile Justice Department [Youth
  Commission], placed on probation, or discharged without any
  disposition.
         SECTION 67.  Section 58.304(b), Family Code, is amended to
  read as follows:
         (b)  To the extent possible and subject to Subsections (a)
  and (d), the local juvenile justice information system may include
  the following information for each juvenile taken into custody,
  detained, or referred under this title:
               (1)  the juvenile's name, including other names by
  which the juvenile is known;
               (2)  the juvenile's date and place of birth;
               (3)  the juvenile's physical description, including
  sex, weight, height, race, ethnicity, eye color, hair color, scars,
  marks, and tattoos;
               (4)  the juvenile's state identification number and
  other identifying information;
               (5)  the juvenile's fingerprints and photograph;
               (6)  the juvenile's last known residential address,
  including the census tract number designation for the address;
               (7)  the name, address, and phone number of the
  juvenile's parent, guardian, or custodian;
               (8)  the name and identifying number of the agency that
  took into custody or detained the juvenile;
               (9)  each date of custody or detention;
               (10)  a detailed description of the conduct for which
  the juvenile was taken into custody, detained, or referred,
  including the level and degree of the alleged offense;
               (11)  the name and identifying number of the juvenile
  intake agency or juvenile probation office;
               (12)  each disposition by the juvenile intake agency or
  juvenile probation office;
               (13)  the date of disposition by the juvenile intake
  agency or juvenile probation office;
               (14)  the name and identifying number of the
  prosecutor's office;
               (15)  each disposition by the prosecutor;
               (16)  the date of disposition by the prosecutor;
               (17)  the name and identifying number of the court;
               (18)  each disposition by the court, including
  information concerning custody of a juvenile by a juvenile justice
  agency or county juvenile probation department;
               (19)  the date of disposition by the court;
               (20)  any commitment or release under supervision by
  the Texas Juvenile Justice Department [Youth Commission],
  including the date of the commitment or release;
               (21)  information concerning each appellate
  proceeding; and
               (22)  electronic copies of all documents filed with the
  court.
         SECTION 68.  Section 58.352(a), Family Code, is amended to
  read as follows:
         (a)  A juvenile court judge in a county to which this
  subchapter applies shall post a report on the Internet website of
  the county in which the court is located.  The report must include:
               (1)  the total number of children committed by the
  judge to a correctional facility operated by the Texas Juvenile
  Justice Department [Youth Commission]; and
               (2)  for each child committed to a facility described
  by Subdivision (1):
                     (A)  a general description of the offense
  committed by the child or the conduct of the child that led to the
  child's commitment to the facility;
                     (B)  the year the child was committed to the
  facility; and
                     (C)  the age range, race, and gender of the child.
         SECTION 69.  Section 58.401(1), Family Code, is amended to
  read as follows:
               (1)  "Department" ["Commission"] means the Texas
  Juvenile Justice Department [Probation Commission].
         SECTION 70.  Sections 58.403(a), (b), and (c), Family Code,
  are amended to read as follows:
         (a)  Through the adoption of an interlocal contract under
  Chapter 791, Government Code, with one or more counties, the
  department [commission] may participate in and assist counties in
  the creation, operation, and maintenance of a system that is
  intended for statewide use to:
               (1)  aid in processing the cases of children under this
  title;
               (2)  facilitate the delivery of services to children in
  the juvenile justice system;
               (3)  aid in the early identification of at-risk and
  delinquent children; and
               (4)  facilitate cross-jurisdictional sharing of
  information related to juvenile offenders between authorized
  criminal and juvenile justice agencies and partner agencies.
         (b)  The department [commission] may use funds appropriated
  for the implementation of this section to pay costs incurred under
  an interlocal contract described by Subsection (a), including
  license fees, maintenance and operations costs, administrative
  costs, and any other costs specified in the interlocal contract.
         (c)  The department [commission] may provide training
  services to counties on the use and operation of a system created,
  operated, or maintained by one or more counties under Subsection
  (a).
         SECTION 71.  Section 58.404, Family Code, is amended to read
  as follows:
         Sec. 58.404.  INFORMATION COLLECTED BY DEPARTMENT
  [COMMISSION]. The department [commission] may collect and maintain
  all information related to juvenile offenders and all offenses
  committed by a juvenile offender, including all information
  collected and maintained under Subchapters B and D.
         SECTION 72.  Section 58.405, Family Code, is amended to read
  as follows:
         Sec. 58.405.  AUTHORITY CUMULATIVE. The authority granted
  by this subchapter is cumulative of all other authority granted by
  this chapter to a county, the department [commission], or a
  juvenile justice agency and nothing in this subchapter limits the
  authority of a county, the department [commission], or a juvenile
  justice agency under this chapter to create an information system
  or to share information related to a juvenile.
         SECTION 73.  Section 59.003(f), Family Code, is amended to
  read as follows:
         (f)  Before the court assigns the child a sanction level that
  involves the revocation of the child's probation and the commitment
  of the child to the Texas Juvenile Justice Department [Youth
  Commission], the court shall hold a hearing to modify the
  disposition as required by Section 54.05.
         SECTION 74.  Section 59.011, Family Code, is amended to read
  as follows:
         Sec. 59.011.  DUTY OF JUVENILE BOARD. A juvenile board shall
  require the juvenile probation department to report progressive
  sanction data electronically to the Texas Juvenile Justice
  Department [Probation Commission] in the format and time frames
  specified by the Texas Juvenile Justice Department [commission].
         SECTION 75.  Section 59.013, Family Code, is amended to read
  as follows:
         Sec. 59.013.  LIABILITY. The Texas Juvenile Justice
  Department [Youth Commission], a juvenile board, a court, a person
  appointed by a court, an attorney for the state, a peace officer, or
  a law enforcement agency is not liable for a failure or inability to
  provide a service listed under Sections 59.004-59.010.
         SECTION 76.  Section 61.103(a), Family Code, is amended to
  read as follows:
         (a)  The parent of a child taken into custody for delinquent
  conduct, conduct indicating a need for supervision, or conduct that
  violates a condition of probation imposed by the juvenile court has
  the right to communicate in person privately with the child for
  reasonable periods of time while the child is in:
               (1)  a juvenile processing office;
               (2)  a secure detention facility;
               (3)  a secure correctional facility;
               (4)  a court-ordered placement facility; or
               (5)  the custody of the Texas Juvenile Justice
  Department [Youth Commission].
         SECTION 77.  Section 61.104(a), Family Code, is amended to
  read as follows:
         (a)  When a petition for adjudication, a motion or petition
  to modify disposition, or a motion or petition for discretionary
  transfer to criminal court is served on a parent of the child, the
  parent must be provided with a form prescribed by the Texas Juvenile
  Justice Department [Probation Commission] on which the parent can
  make a written statement about the needs of the child or family or
  any other matter relevant to disposition of the case.
         SECTION 78.  Section 61.107, Family Code, is amended to read
  as follows:
         Sec. 61.107.  LIABILITY. The Texas Juvenile Justice
  Department [Youth Commission], a juvenile board, a court, a person
  appointed by the court, an employee of a juvenile probation
  department, an attorney for the state, a peace officer, or a law
  enforcement agency is not liable for a failure or inability to
  provide a right listed in this chapter.
         SECTION 79.  Section 107.0161, Family Code, is amended to
  read as follows:
         Sec. 107.0161.  AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO
  TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]. If an order
  appointing the Department of Family and Protective Services as
  managing conservator of a child does not continue the appointment
  of the child's guardian ad litem or attorney ad litem and the child
  is committed to the Texas Juvenile Justice Department [Youth
  Commission] or released under supervision by the Texas Juvenile
  Justice Department [Youth Commission], the court may appoint a
  guardian ad litem or attorney ad litem for the child.
         SECTION 80.  Section 261.103(b), Family Code, is amended to
  read as follows:
         (b)  A report may be made to the Texas Juvenile Justice
  Department [Youth Commission] instead of the entities listed under
  Subsection (a) if the report is based on information provided by a
  child while under the supervision of the Texas Juvenile Justice
  Department [commission] concerning the child's alleged abuse of
  another child.
         SECTION 81.  Section 261.105(e), Family Code, is amended to
  read as follows:
         (e)  In cooperation with the department, the Texas Juvenile
  Justice Department [Youth Commission] by rule shall adopt
  guidelines for identifying a report made to the Texas Juvenile
  Justice Department [commission] under Section 261.103(b) that is
  appropriate to refer to the department or a law enforcement agency
  for investigation. Guidelines adopted under this subsection must
  require the Texas Juvenile Justice Department [commission] to
  consider the severity and immediacy of the alleged abuse or neglect
  of the child victim.
         SECTION 82.  Sections 261.201(i), (j), and (k), Family Code,
  are amended to read as follows:
         (i)  Notwithstanding Subsection (a), the Texas Juvenile
  Justice Department [Youth Commission] shall release a report of
  alleged or suspected abuse or neglect made under this chapter if:
               (1)  the report relates to a report of abuse or neglect
  involving a child committed to the Texas Juvenile Justice
  Department [commission] during the period that the child is
  committed to that department [the commission]; and
               (2)  the Texas Juvenile Justice Department
  [commission] is not prohibited by Chapter 552, Government Code, or
  other law from disclosing the report.
         (j)  The Texas Juvenile Justice Department [Youth
  Commission] shall edit any report disclosed under Subsection (i) to
  protect the identity of:
               (1)  a child who is the subject of the report of alleged
  or suspected abuse or neglect;
               (2)  the person who made the report; and
               (3)  any other person whose life or safety may be
  endangered by the disclosure.
         (k)  Notwithstanding Subsection (a), an investigating
  agency, other than the department or the Texas Juvenile Justice
  Department [Youth Commission], on request, shall provide to the
  parent, managing conservator, or other legal representative of a
  child who is the subject of reported abuse or neglect, or to the
  child if the child is at least 18 years of age, information
  concerning the reported abuse or neglect that would otherwise be
  confidential under this section.  The investigating agency shall
  withhold information under this subsection if the parent, managing
  conservator, or other legal representative of the child requesting
  the information is alleged to have committed the abuse or neglect.
         SECTION 83.  Sections 261.405(b), (c), and (e), Family Code,
  are amended to read as follows:
         (b)  A report of alleged abuse, neglect, or exploitation in
  any juvenile justice program or facility shall be made to the Texas
  Juvenile Justice Department [Probation Commission] and a local law
  enforcement agency for investigation.
         (c)  The Texas Juvenile Justice Department [Probation
  Commission] shall conduct an investigation as provided by this
  chapter if that department [the commission] receives a report of
  alleged abuse, neglect, or exploitation in any juvenile justice
  program or facility.
         (e)  As soon as practicable after a child is taken into
  custody or placed in a juvenile justice facility or juvenile
  justice program, the facility or program shall provide the child's
  parents with:
               (1)  information regarding the reporting of suspected
  abuse, neglect, or exploitation of a child in a juvenile justice
  facility or juvenile justice program to the Texas Juvenile Justice
  Department [Probation Commission]; and
               (2)  the Texas Juvenile Justice Department's
  [commission's] toll-free number for this reporting.
         SECTION 84.  Section 261.409, Family Code, is amended to
  read as follows:
         Sec. 261.409.  INVESTIGATIONS IN FACILITIES UNDER TEXAS
  JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION] JURISDICTION. The
  board of the Texas Juvenile Justice Department [Youth Commission]
  by rule shall adopt standards for:
               (1)  the investigation under Section 261.401 of
  suspected child abuse, neglect, or exploitation in a facility under
  the jurisdiction of the Texas Juvenile Justice Department [Youth
  Commission]; and
               (2)  compiling information on those investigations.
         SECTION 85.  Section 263.302, Family Code, is amended to
  read as follows:
         Sec. 263.302.  CHILD'S ATTENDANCE AT HEARING. The child
  shall attend each permanency hearing unless the court specifically
  excuses the child's attendance.  A child committed to the Texas
  Juvenile Justice Department [Youth Commission] may attend a
  permanency hearing in person, by telephone, or by videoconference.
  The court shall consult with the child in a developmentally
  appropriate manner regarding the child's permanency plan, if the
  child is four years of age or older and if the court determines it is
  in the best interest of the child.  Failure by the child to attend a
  hearing does not affect the validity of an order rendered at the
  hearing.
         SECTION 86.  Sections 263.501(f) and (g), Family Code, are
  amended to read as follows:
         (f)  The child shall attend each placement review hearing
  unless the court specifically excuses the child's attendance.  A
  child committed to the Texas Juvenile Justice Department [Youth
  Commission] may attend a placement review hearing in person, by
  telephone, or by videoconference.  The court shall consult with the
  child in a developmentally appropriate manner regarding the child's
  permanency or transition plan, if the child is four years of age or
  older.  Failure by the child to attend a hearing does not affect the
  validity of an order rendered at the hearing.
         (g)  A court required to conduct placement review hearings
  for a child for whom the department has been appointed permanent
  managing conservator may not dismiss a suit affecting the
  parent-child relationship filed by the department regarding the
  child while the child is committed to the Texas Juvenile Justice
  Department [Youth Commission] or released under the supervision of
  that department [the Texas Youth Commission], unless the child is
  adopted or permanent managing conservatorship of the child is
  awarded to an individual other than the department.
         SECTION 87.  Section 41.102(c), Government Code, is amended
  to read as follows:
         (c)  The attorney general may offer to assist a prosecuting
  attorney in the prosecution of criminal offenses concerning the
  Texas Juvenile Justice Department [Youth Commission].
         SECTION 88.  Section 41.303(a), Government Code, is amended
  to read as follows:
         (a)  The unit is governed by a board of directors composed of
  each prosecuting attorney who:
               (1)  represents the state in criminal matters before a
  court in a county in which one or more facilities owned or operated
  by or under contract with the department or the Texas Juvenile
  Justice Department [commission] are located; and
               (2)  has entered into a memorandum of understanding
  with the unit for the prosecution of offenses and delinquent
  conduct described by Article 104.003(a), Code of Criminal
  Procedure.
         SECTION 89.  Section 41.304(a), Government Code, is amended
  to read as follows:
         (a)  The board of directors is governed by an executive board
  composed of 11 members elected by the membership of the board of
  directors on a majority vote from among that membership, as
  follows:
               (1)  one member of the executive board who represents
  the state in criminal matters before a court in a county in which
  one or more facilities owned or operated by or under contract with
  the Texas Juvenile Justice Department [commission] are located
  shall be elected on a majority vote of the members of the board of
  directors to serve a term expiring in an even-numbered year;
               (2)  an additional four members of the executive board
  shall be elected on a majority vote of the members of the board of
  directors to serve terms expiring in even-numbered years;
               (3)  one member of the executive board who represents
  the state in criminal matters before a court in a county in which
  one or more facilities owned or operated by or under contract with
  the Texas Juvenile Justice Department [commission] are located
  shall be elected on a majority vote of the members of the board of
  directors to serve a term expiring in an odd-numbered year; and
               (4)  an additional five members of the executive board
  shall be elected on a majority vote of the members of the board of
  directors to serve terms expiring in odd-numbered years.
         SECTION 90.  Section 41.310, Government Code, is amended to
  read as follows:
         Sec. 41.310.  DUTIES OF COUNSELLOR. (a) The counsellor
  elected in accordance with Section 41.309:
               (1)  shall coordinate prosecution issues in and monitor
  each case involving an offense or delinquent conduct described by
  Article 104.003(a), Code of Criminal Procedure, that concerns the
  Texas Juvenile Justice Department [commission];
               (2)  shall work with criminal justice analysts employed
  by the Legislative Budget Board and other persons who monitor cases
  involving offenses or delinquent conduct described by Article
  104.003(a), Code of Criminal Procedure; and
               (3)  may conduct an investigation of any alleged
  illegal or improper conduct by Texas Juvenile Justice Department
  [commission] officers, employees, or contractors that the
  counsellor reasonably believes:
                     (A)  jeopardizes the health, safety, and welfare
  of children in the custody of the Texas Juvenile Justice Department
  [commission]; and
                     (B)  could constitute an offense described by
  Article 104.003(a), Code of Criminal Procedure.
         (b)  In addition to the duties prescribed by Subsection (a),
  the counsellor shall on a quarterly basis provide the board of
  directors and the standing committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities with a report concerning offenses or
  delinquent conduct prosecuted by the unit on receiving a request
  for assistance under Section 241.007, Human Resources Code, or a
  request for assistance otherwise from a prosecuting attorney. A
  report under this subsection is public information under Chapter
  552, Government Code, and the board of directors shall request that
  the Texas Juvenile Justice Department [commission] publish the
  report on that department's [the commission's] Internet website. A
  report must be both aggregated and disaggregated by individual
  facility and include information relating to:
               (1)  the number of requests for assistance received
  under Section 241.007, Human Resources Code, and requests for
  assistance otherwise received from prosecuting attorneys;
               (2)  the number of cases investigated and the number of
  cases prosecuted;
               (3)  the types and outcomes of cases prosecuted, such
  as whether the case concerned narcotics or an alleged incident of
  sexual abuse; and
               (4)  the relationship of a victim to a perpetrator, if
  applicable.
         (c)  The counsellor, in consultation with the board of
  directors, shall notify the foreman of the appropriate grand jury,
  in the manner provided by Article 20.09, Code of Criminal
  Procedure, if:
               (1)  the counsellor receives credible evidence of
  illegal or improper conduct by Texas Juvenile Justice Department
  [commission] officers, employees, or contractors that the
  counsellor reasonably believes jeopardizes the health, safety, and
  welfare of children in the custody of that department [the
  commission];
               (2)  the counsellor reasonably believes the conduct:
                     (A)  could constitute an offense described by
  Article 104.003(a), Code of Criminal Procedure; and
                     (B)  involves the alleged physical or sexual abuse
  of a child in the custody of a Texas Juvenile Justice Department
  [commission] facility or an investigation related to the alleged
  abuse; and
               (3)  the counsellor has reason to believe that
  information concerning the conduct has not previously been
  presented to the appropriate grand jury.
         SECTION 91.  Section 322.019(d), Government Code, is amended
  to read as follows:
         (d)  The Department of Public Safety, the Texas Department of
  Criminal Justice, and the Texas Juvenile Justice Department
  [Probation Commission, and the Texas Youth Commission] shall
  provide the board with data relating to a criminal justice policy
  analysis under this section in the manner requested.
         SECTION 92.  Section 402.035(c), Government Code, is amended
  to read as follows:
         (c)  The task force is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  the executive commissioner of the Health and Human
  Services Commission or the executive commissioner's designee;
               (4)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee;
               (5)  the commissioner of the Department of State Health
  Services or the commissioner's designee;
               (6)  the public safety director of the Department of
  Public Safety or the director's designee;
               (7)  one representative from each of the following
  state agencies, appointed by the chief administrative officer of
  the respective agency:
                     (A)  the Texas Workforce Commission;
                     (B)  the Texas Department of Criminal Justice;
                     (C)  [the Texas Youth Commission;
                     [(D)]  the Texas Juvenile Justice Department
  [Probation Commission]; and
                     (D) [(E)]  the Texas Alcoholic Beverage
  Commission; and
               (8)  as appointed by the attorney general:
                     (A)  a chief public defender employed by a public
  defender's office, as defined by Article 26.044(a), Code of
  Criminal Procedure, or an attorney designated by the chief public
  defender;
                     (B)  an attorney representing the state;
                     (C)  a representative of:
                           (i)  a hotel and motel association;
                           (ii)  a district and county attorneys
  association; and
                           (iii)  a state police association;
                     (D)  representatives of sheriff's departments;
                     (E)  representatives of local law enforcement
  agencies affected by human trafficking; and
                     (F)  representatives of nongovernmental entities
  making comprehensive efforts to combat human trafficking by:
                           (i)  identifying human trafficking victims;
                           (ii)  providing legal or other services to
  human trafficking victims;
                           (iii)  participating in community outreach
  or public awareness efforts regarding human trafficking;
                           (iv)  providing or developing training
  regarding the prevention of human trafficking; or
                           (v)  engaging in other activities designed
  to prevent human trafficking.
         SECTION 93.  Section 411.138, Government Code, is amended to
  read as follows:
         Sec. 411.138.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT. A
  juvenile board or juvenile probation department is entitled to
  obtain from the department criminal history record information
  maintained by the department that relates to a person who is:
               (1)  an applicant for a position with the juvenile
  probation department;
               (2)  an employee for whom the juvenile board or
  juvenile probation department will seek certification from the
  Texas Juvenile Justice Department [Probation Commission]; or
               (3)  an employee or department applicant who currently
  holds certification from the Texas Juvenile Justice Department
  [Probation Commission].
         SECTION 94.  Sections 411.148(a), (d), (f-1), (f-2), and
  (j), Government Code, are amended to read as follows:
         (a)  This section applies to:
               (1)  an individual, other than a juvenile, who is:
                     (A)  ordered by a magistrate or court to provide a
  DNA sample under Section 411.154 or other law, including as part of
  an order granting community supervision to the individual; or
                     (B)  confined in a penal institution operated by
  or under contract with the Texas Department of Criminal Justice; or
               (2)  a juvenile who, following an adjudication for
  conduct constituting a felony, is:
                     (A)  confined in a facility operated by or under
  contract with the Texas Juvenile Justice Department [Youth
  Commission]; or
                     (B)  placed on probation, if the conduct
  constitutes a felony described by Section 54.0409, Family Code.
         (d)  If an individual described by Subsection (a)(1)(B) is
  received into custody by the Texas Department of Criminal Justice,
  that department shall collect the sample from the individual during
  the diagnostic process or at another time determined by the Texas
  Department of Criminal Justice.  If an individual described by
  Subsection (a)(2)(A) is received into custody by the Texas Juvenile
  Justice Department [Youth Commission], that department [the youth
  commission] shall collect the sample from the individual during the
  initial examination or at another time it determines [determined by
  the youth commission].  If an individual who is required under this
  section or other law to provide a DNA sample is in the custody or
  under the supervision of another criminal justice agency, such as a
  community supervision and corrections department, a parole office,
  or a local juvenile probation department or parole office, that
  agency shall collect the sample from the individual at a time
  determined by the agency.
         (f-1)  The Texas Juvenile Justice Department [Youth
  Commission] shall notify the director that an individual described
  by Subsection (a)(2)(A) is to be released from custody not earlier
  than the 120th day before the individual's release date.
         (f-2)  The Texas Department of Criminal Justice and the Texas
  Juvenile Justice Department [Youth Commission], in consultation
  with the director, shall determine the form of the notification
  described by Subsections (f) and (f-1).
         (j)(1)  The Texas Juvenile Justice Department [Youth
  Commission] as soon as practicable shall cause a sample to be
  collected from an individual described by Subsection (a)(2)(A) if:
                     (A)  the individual is detained in another
  juvenile detention facility after adjudication and before
  admission to the Texas Juvenile Justice Department [youth
  commission]; and
                     (B)  the Texas Juvenile Justice Department [youth
  commission] determines the individual is likely to be released
  before being admitted to that department [the youth commission].
               (2)  The administrator of the other juvenile detention
  facility shall cooperate with the Texas Juvenile Justice Department
  [Youth Commission] as necessary to allow that department [the youth
  commission] to perform its duties under this subsection.
         SECTION 95.  Section 420.008(c), Government Code, is amended
  to read as follows:
         (c)  The legislature may appropriate money deposited to the
  credit of the fund only to:
               (1)  the attorney general, for:
                     (A)  sexual violence awareness and prevention
  campaigns;
                     (B)  grants to faith-based groups, independent
  school districts, and community action organizations for programs
  for the prevention of sexual assault and programs for victims of
  human trafficking;
                     (C)  grants for equipment for sexual assault nurse
  examiner programs, to support the preceptorship of future sexual
  assault nurse examiners, and for the continuing education of sexual
  assault nurse examiners;
                     (D)  grants to increase the level of sexual
  assault services in this state;
                     (E)  grants to support victim assistance
  coordinators;
                     (F)  grants to support technology in rape crisis
  centers;
                     (G)  grants to and contracts with a statewide
  nonprofit organization exempt from federal income taxation under
  Section 501(c)(3), Internal Revenue Code of 1986, having as a
  primary purpose ending sexual violence in this state, for programs
  for the prevention of sexual violence, outreach programs, and
  technical assistance to and support of youth and rape crisis
  centers working to prevent sexual violence; and
                     (H)  grants to regional nonprofit providers of
  civil legal services to provide legal assistance for sexual assault
  victims;
               (2)  the Department of State Health Services, to
  measure the prevalence of sexual assault in this state and for
  grants to support programs assisting victims of human trafficking;
               (3)  the Institute on Domestic Violence and Sexual
  Assault at The University of Texas at Austin, to conduct research on
  all aspects of sexual assault and domestic violence;
               (4)  Texas State University, for training and technical
  assistance to independent school districts for campus safety;
               (5)  the office of the governor, for grants to support
  sexual assault and human trafficking prosecution projects;
               (6)  the Department of Public Safety, to support sexual
  assault training for commissioned officers;
               (7)  the comptroller's judiciary section, for
  increasing the capacity of the sex offender civil commitment
  program;
               (8)  the Texas Department of Criminal Justice:
                     (A)  for pilot projects for monitoring sex
  offenders on parole; and
                     (B)  for increasing the number of adult
  incarcerated sex offenders receiving treatment;
               (9)  the Texas Juvenile Justice Department [Youth
  Commission], for increasing the number of incarcerated juvenile sex
  offenders receiving treatment;
               (10)  the comptroller, for the administration of the
  fee imposed on sexually oriented businesses under Section 102.052,
  Business & Commerce Code; and
               (11)  the supreme court, to be transferred to the Texas
  Equal Access to Justice Foundation, or a similar entity, to provide
  victim-related legal services to sexual assault victims, including
  legal assistance with protective orders, relocation-related
  matters, victim compensation, and actions to secure privacy
  protections available to victims under law.
         SECTION 96.  Section 492.0011, Government Code, is amended
  to read as follows:
         Sec. 492.0011.  PRIVATE SECTOR PRISON INDUSTRIES PROGRAM
  MANAGEMENT. (a) The board shall approve, certify, and supervise
  private sector prison industries programs operated by the
  department, the Texas Juvenile Justice Department [Youth
  Commission], and county correctional facilities in accordance with
  Subchapter C, Chapter 497.
         (b)  This section does not authorize the board to direct the
  general operations of or to govern the Texas Juvenile Justice
  Department [Youth Commission] or county correctional facilities in
  any manner not specifically described by Subsection (a).
         SECTION 97.  Sections 497.051(a), (b), and (c), Government
  Code, are amended to read as follows:
         (a)  The board shall approve, certify, and supervise the
  operation of private sector prison industries programs in the
  department, the Texas Juvenile Justice Department [Youth
  Commission], and in county correctional facilities in compliance
  with the federal prison enhancement certification program
  established under 18 U.S.C. Section 1761.  The board may use board
  and department employees to provide the clerical and technical
  support necessary for the board to perform the board's duties under
  this subchapter and shall ensure that the department implements the
  policies adopted by the board that relate to the operation of
  private sector prison industries programs.
         (b)  In this subchapter:
               (1)  "Governmental entity" means the department, the
  Texas Juvenile Justice Department [Youth Commission], and any
  county that operates a private sector prison industries program
  under this subchapter.
               (2)  "Participant" means a participant in a private
  sector prison industries program.
         (c)  This subchapter does not authorize the board to direct
  the general operations of or to govern the Texas Juvenile Justice
  Department [Youth Commission] or county correctional facilities in
  any manner not specifically described by Subsection (a).
         SECTION 98.  Section 497.058(a), Government Code, is amended
  to read as follows:
         (a)  The board by rule shall require that participants at
  each private sector prison industries program be paid not less than
  the prison industry enhancement certification program (PIECP) wage
  as computed by the Texas Workforce Commission, except that:
               (1)  the board may permit employers to pay a
  participant the federal minimum wage for the two-month period
  beginning on the date participation begins; and
               (2)  the minimum wage for participants committed to the
  Texas Juvenile Justice Department [Youth Commission], because of
  the age of the participants and the extensive training component of
  their employment, is the federal minimum wage.
         SECTION 99.  Section 497.0581(a), Government Code, is
  amended to read as follows:
         (a)  The board by rule shall determine the amount of
  deductions to be taken from wages received by the participant under
  this subchapter and the disbursement of those deductions.  The
  board may establish deductions for participants committed to the
  Texas Juvenile Justice Department [Youth Commission] that are
  different than deductions established for other participants in the
  program.  In determining the amount of deductions under this
  section, the board shall ensure that the deductions do not place the
  private sector prison industries programs in the department in
  noncompliance with the federal prison enhancement certification
  program established under 18 U.S.C. Section 1761.
         SECTION 100.  Section 508.003(c), Government Code, is
  amended to read as follows:
         (c)  The provisions of this chapter not in conflict with
  Section 508.156 apply to parole of a person from the Texas Juvenile
  Justice Department [Youth Commission] under that section.
         SECTION 101.  Sections 508.156(d), (e), and (f), Government
  Code, are amended to read as follows:
         (d)  The period of parole for a person released on parole
  under this section is the term for which the person was sentenced
  less calendar time served at the Texas Juvenile Justice Department
  [Youth Commission] and in a juvenile detention facility in
  connection with the conduct for which the person was adjudicated.
         (e)  If a parole panel revokes the person's parole, the panel
  may require the person to serve the remaining portion of the
  person's sentence in the institutional division. The remaining
  portion of the person's sentence is computed without credit for the
  time from the date of the person's release to the date of
  revocation. The panel may not recommit the person to the Texas
  Juvenile Justice Department [Youth Commission].
         (f)  For purposes of this chapter, a person released from the
  Texas Juvenile Justice Department [Youth Commission] on parole
  under this section is considered to have been convicted of the
  offense for which the person has been adjudicated.
         SECTION 102.  Section 658.002(c), Government Code, is
  amended to read as follows:
         (c)  This section does not apply to a houseparent who is
  employed by and lives at a Texas Juvenile Justice Department [Youth
  Commission] facility.
         SECTION 103.  Section 659.044(e), Government Code, is
  amended to read as follows:
         (e)  This subsection applies only to an employee of the Texas
  Juvenile Justice Department [Youth Commission] who is receiving
  less than the maximum amount of hazardous duty pay that the
  department [commission] may pay to the employee under Section
  659.303.  The employee's monthly amount of longevity pay is the sum
  of:
               (1)  $4 for each year of lifetime service credit, which
  may not include any period served in a hazardous duty position; and
               (2)  the lesser of:
                     (A)  $4 for each year served in a hazardous duty
  position; or
                     (B)  the difference between:
                           (i)  $7 for each year served in a hazardous
  duty position; and
                           (ii)  the amount paid by the department
  [commission] for each year served in a hazardous duty position.
         SECTION 104.  Section 659.046(f), Government Code, is
  amended to read as follows:
         (f)  The amount of an employee's lifetime service credit does
  not include the period served in a hazardous duty position if the
  employee is:
               (1)  entitled to receive hazardous duty pay under
  Section 659.302; or
               (2)  receiving the maximum amount of hazardous duty pay
  that the Texas Juvenile Justice Department [Youth Commission] may
  pay to the employee under Section 659.303.
         SECTION 105.  Section 659.302(b), Government Code, is
  amended to read as follows:
         (b)  This section does not apply to an employee of the Texas
  Juvenile Justice Department [Youth Commission].
         SECTION 106.  Section 659.303, Government Code, is amended
  to read as follows:
         Sec. 659.303.  TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH
  COMMISSION] EMPLOYEES. (a) The department [commission] may
  include hazardous duty pay in the compensation paid to an
  individual for services rendered during a month if the individual:
               (1)  has routine direct contact with youth:
                     (A)  placed in a residential facility of the
  department [commission]; or
                     (B)  released under the department's
  [commission's] supervision; and
               (2)  has completed at least 12 months of lifetime
  service credit not later than the last day of the preceding month.
         (b)  For purposes of Subsection (a)(1), an individual who is
  having routine direct contact with youth on any portion of the first
  workday of a month is considered to have routine direct contact with
  youth for the entire month.
         (c)  The department's [commission's] authority under
  Subsection (a) is subject to any conditions or limitations in the
  General Appropriations Act.
         (d)  The department [commission] may not pay hazardous duty
  pay:
               (1)  from funds authorized for payment of an
  across-the-board employee salary increase; or
               (2)  to an employee who works at the department's
  [commission's] central office.
         (e)  In this section, "department" ["commission"] means the
  Texas Juvenile Justice Department [Youth Commission].
         SECTION 107.  Section 661.031(2), Government Code, is
  amended to read as follows:
               (2)  "State employee" means an individual who is an
  appointed officer or employee of a state agency and who normally
  works 900 hours or more a year.  The term includes:
                     (A)  an hourly employee;
                     (B)  a temporary employee;
                     (C)  a person employed by:
                           (i)  the Teacher Retirement System of Texas;
                           (ii)  the Texas Education Agency;
                           (iii)  the Texas Higher Education
  Coordinating Board;
                           (iv)  the Texas School for the Blind and
  Visually Impaired;
                           (v)  the Texas School for the Deaf;
                           (vi)  the Texas Juvenile Justice Department
  [Youth Commission];
                           (vii)  the Windham School District; or
                           (viii)  the Department of Assistive and
  Rehabilitative Services; and
                     (D)  a classified, administrative, faculty, or
  professional employee of a state institution or agency of higher
  education who has accumulated vacation leave, sick leave, or both,
  during the employment.
         SECTION 108.  Section 661.061(2), Government Code, is
  amended to read as follows:
               (2)  "State employee" means an employee or appointed
  officer of a state agency.  The term includes:
                     (A)  a full-time employee or officer;
                     (B)  a part-time employee or officer;
                     (C)  an hourly employee;
                     (D)  a temporary employee;
                     (E)  a person employed by:
                           (i)  the Teacher Retirement System of Texas;
                           (ii)  the Texas Education Agency;
                           (iii)  the Texas Higher Education
  Coordinating Board;
                           (iv)  the Texas School for the Blind and
  Visually Impaired;
                           (v)  the Texas School for the Deaf;
                           (vi)  the Texas Juvenile Justice Department
  [Youth Commission];
                           (vii)  the Windham School District; or
                           (viii)  the Department of Assistive and
  Rehabilitative Services; or
                     (F)  a classified, administrative, faculty, or
  professional employee of a state institution or agency of higher
  education who has accumulated vacation leave during the employment.
         SECTION 109.  Section 661.152(a), Government Code, is
  amended to read as follows:
         (a)  A state employee is entitled to a vacation in each
  fiscal year without a deduction in salary, except for a state
  employee who is:
               (1)  an employee of an institution of higher education
  as defined by Section 61.003, Education Code, who:
                     (A)  is not employed to work at least 20 hours per
  week for a period of at least four and one-half months; or
                     (B)  is employed in a position for which the
  employee is required to be a student as a condition of the
  employment;
               (2)  a faculty member employed for a period of fewer
  than 12 months by an institution of higher education as defined by
  Section 61.003, Education Code; or
               (3)  an instructional employee employed for a period of
  fewer than 12 months by the Texas School for the Blind and Visually
  Impaired, the Texas School for the Deaf, or the Texas Juvenile
  Justice Department [Youth Commission].
         SECTION 110.  Section 814.104(b), Government Code, is
  amended to read as follows:
         (b)  A member who is at least 55 years old and who has at
  least 10 years of service credit as a commissioned peace officer
  engaged in criminal law enforcement activities of the Department of
  Public Safety, the Texas Alcoholic Beverage Commission, the Parks
  and Wildlife Department, or the office of inspector general at the
  Texas Juvenile Justice Department [Youth Commission], or as a
  custodial officer, is eligible to retire and receive a service
  retirement annuity.
         SECTION 111.  Section 815.505, Government Code, is amended
  to read as follows:
         Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
  CUSTODIAL OFFICERS. Not later than the 12th day of the month
  following the month in which a person begins or ceases employment as
  a law enforcement officer or custodial officer, the Public Safety
  Commission, the Texas Alcoholic Beverage Commission, the Parks and
  Wildlife Commission, the office of inspector general at the Texas
  Juvenile Justice Department [Youth Commission], the Board of
  Pardons and Paroles, or the Texas Board of Criminal Justice, as
  applicable, shall certify to the retirement system, in the manner
  prescribed by the system, the name of the employee and such other
  information as the system determines is necessary for the crediting
  of service and financing of benefits under this subtitle.
         SECTION 112.  Section 2155.143, Government Code, is amended
  to read as follows:
         Sec. 2155.143.  PURCHASE OF CARE AND TREATMENT SERVICES BY
  TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]. (a) The
  Texas Juvenile Justice Department [Youth Commission] may purchase
  care and treatment services, including educational services, for
  its wards.
         (b)  The Texas Juvenile Justice Department [Youth
  Commission] shall:
               (1)  negotiate purchases under this section to achieve
  fair and reasonable prices at rates that do not exceed any maximum
  provided by law; and
               (2)  select service providers according to each
  provider's qualifications and demonstrated competence.
         SECTION 113.  Section 2165.005(f), Government Code, is
  amended to read as follows:
         (f)  A building that will be used as a state or regional
  headquarters for a state agency, other than a university building,
  a secure correctional facility operated by the Texas Juvenile
  Justice Department [Youth Commission], or a prison, may bear the
  name of a person only if the person is deceased and was significant
  in the state's history.
         SECTION 114.  Section 2165.252(b), Government Code, is
  amended to read as follows:
         (b)  The commission may allocate space in buildings in the
  Texas Judicial Complex only to:
               (1)  a court;
               (2)  a judicial agency;
               (3)  the attorney general's office;
               (4)  the Texas Department of Criminal Justice;
               (5)  the Texas Juvenile Justice Department [Youth
  Commission];
               (6)  [the Criminal Justice Policy Council;
               [(7)]  the State Commission on Judicial Conduct;
               (7) [(8)]  the State Office of Administrative
  Hearings;
               (8) [(9)]  the Board of Law Examiners;
               (9) [(10)]  the Council on Sex Offender Treatment;
               (10) [(11)]  building security;
               (11) [(12)]  building maintenance; or
               (12) [(13)]  a vending facility operated under Chapter
  94, Human Resources Code.
         SECTION 115.  Section 2167.001(b), Government Code, is
  amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  radio antenna space;
               (2)  residential space for a Texas Department of Mental
  Health and Mental Retardation program;
               (3)  residential space for a Texas Juvenile Justice
  Department [Youth Commission] program;
               (4)  space to be used for less than one month for
  meetings, conferences, conventions, seminars, displays,
  examinations, auctions, or similar purposes;
               (5)  district office space for members of the
  legislature;
               (6)  space used by the Texas Workforce Commission;
               (7)  residential property acquired by the Texas
  Department of Housing and Community Affairs or the Texas State
  Affordable Housing Corporation that is offered for sale or rental
  to individuals and families of low or very low income or families of
  moderate income;
               (8)  except as provided by Section 2167.007, space for
  a university system or institution of higher education; or
               (9)  space leased by the Texas Veterans Commission to
  administer the veterans employment services program.
         SECTION 116.  Section 2303.402(c), Government Code, is
  amended to read as follows:
         (c)  For the purposes of this section, an economically
  disadvantaged individual is an individual who:
               (1)  was unemployed for at least three months before
  obtaining employment with the qualified business;
               (2)  receives public assistance benefits, including
  welfare payments or food stamps, based on need and intended to
  alleviate poverty;
               (3)  is a low-income individual, as defined by Section
  101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
               (4)  is an individual with a disability, as defined
  by  29 U.S.C. Section 705(20)(A);
               (5)  is an inmate, as defined by Section 498.001;
               (6)  is entering the workplace after being confined in
  a facility operated by or under contract with the Texas Department
  of Criminal Justice for the imprisonment of individuals convicted
  of felonies other than state jail felonies;
               (7)  has been released by the Texas Juvenile Justice
  Department [Youth Commission] and is on parole, if state law
  provides for such a person to be on parole;
               (8)  meets the current low income or moderate income
  limits developed under Section 8, United States Housing Act of 1937
  (42 U.S.C. Section 1437f et seq.); or
               (9)  was under the permanent managing conservatorship
  of the Department of Family and Protective Services on the day
  preceding the individual's 18th birthday.
         SECTION 117.  Section 2306.5621(a)(6), Government Code, is
  amended to read as follows:
               (6)  "Corrections officer" means a corrections officer
  employed by the Texas Department of Criminal Justice or a juvenile
  correctional officer employed by the Texas Juvenile Justice
  Department [Youth Commission].
         SECTION 118.  Section 2306.903(a), Government Code, is
  amended to read as follows:
         (a)  The Texas Interagency Council for the Homeless is
  composed of:
               (1)  one representative from each of the following
  agencies, appointed by the administrative head of that agency:
                     (A)  the Texas Department of Health;
                     (B)  the Texas Department of Human Services;
                     (C)  the Texas Department of Mental Health and
  Mental Retardation;
                     (D)  the Texas Department of Criminal Justice;
                     (E)  the Texas Department on Aging;
                     (F)  the Texas Rehabilitation Commission;
                     (G)  the Texas Education Agency;
                     (H)  the Texas Commission on Alcohol and Drug
  Abuse;
                     (I)  the Department of Protective and Regulatory
  Services;
                     (J)  the Health and Human Services Commission;
                     (K)  the Texas Workforce Commission;
                     (L)  the Texas Juvenile Justice Department [Youth
  Commission]; and
                     (M)  the Texas Veterans Commission;
               (2)  two representatives from the department, one each
  from the community affairs division and the housing finance
  division, appointed by the director; and
               (3)  three members representing service providers to
  the homeless, one each appointed by the governor, the lieutenant
  governor, and the speaker of the house of representatives.
         SECTION 119.  Section 63.009, Human Resources Code, is
  amended to read as follows:
         Sec. 63.009.  BOARD POLICIES. The board of trustees shall
  develop policies consistent with the rules, regulations, and
  standards of the Texas Juvenile Justice Department [Probation
  Commission].
         SECTION 120.  Section 63.010, Human Resources Code, is
  amended to read as follows:
         Sec. 63.010.  STANDARDIZED PERSONNEL QUALIFICATIONS. The
  board of trustees shall standardize qualifications for personnel
  positions in the community center consistent with those established
  by the Texas Juvenile Justice Department [Probation Commission].
         SECTION 121.  Section 63.019, Human Resources Code, is
  amended to read as follows:
         Sec. 63.019.  RULES REGULATING ADMINISTRATION OF SERVICES.
  The board of trustees may make rules consistent with those
  promulgated by the Texas Juvenile Justice Department [Probation
  Commission] and the policies, principles, and standards provided in
  this Act to regulate the administration of services by the facility
  to the juveniles placed into the facility.
         SECTION 122.  Section 63.020(1), Human Resources Code, is
  amended to read as follows:
               (1)  Education.  Upon admission into the facility, the
  juvenile will be tested to determine his educational level, and a
  program of instruction consistent with the juvenile's educational
  level shall be developed to educate the juvenile.  Education shall
  be given to each juvenile admitted in the facility consistent with
  the standards set forth by the Texas Juvenile Justice Department
  [Probation Commission].
         SECTION 123.  Section 142.002(a), Human Resources Code, is
  amended to read as follows:
         (a)  A juvenile board may, with the advice and consent of the
  commissioners court, employ probation officers and administrative,
  supervisory, stenographic, and other clerical personnel necessary
  to provide juvenile probation services according to the standards
  established by the Texas Juvenile Justice Department [Probation
  Commission] and the local need as determined by the juvenile board.
         SECTION 124.  Section 142.003(b), Human Resources Code, is
  amended to read as follows:
         (b)  A juvenile board may contract with the Texas Juvenile
  Justice Department [Youth Commission] for juvenile probation
  services.
         SECTION 125.  Section 142.006(b), Human Resources Code, is
  amended to read as follows:
         (b)  A juvenile probation officer is disqualified from being
  authorized to carry a firearm under this section if the officer has
  been designated a perpetrator in a Texas Juvenile Justice
  Department [Probation Commission] abuse, neglect, or exploitation
  investigation.
         SECTION 126.  Section 152.0007(a), Human Resources Code, is
  amended to read as follows:
         (a)  The juvenile board shall:
               (1)  establish a juvenile probation department and
  employ a chief probation officer who meets the standards set by the
  Texas Juvenile Justice Department [Probation Commission]; and
               (2)  adopt a budget and establish policies, including
  financial policies, for juvenile services within the jurisdiction
  of the board.
         SECTION 127.  Section 152.0008(a), Human Resources Code, is
  amended to read as follows:
         (a)  The chief juvenile probation officer may, within the
  budget adopted by the board, employ:
               (1)  assistant officers who meet the standards set by
  the Texas Juvenile Justice Department [Probation Commission]; and
               (2)  other necessary personnel.
         SECTION 128.  Section 152.0461(f), Human Resources Code, is
  amended to read as follows:
         (f)  The juvenile board shall pay the salaries of juvenile
  probation personnel and other expenses the chairman certifies as
  essential to provide services to the children of Cochran County
  from the juvenile board fund to the extent of the state aid received
  in the fund. The salaries approved by the commissioners court may
  be paid from funds received for that purpose from the Texas Juvenile
  Justice Department [Probation Commission]. The commissioners
  court shall pay the remaining approved salaries of juvenile
  probation personnel and other expenses certified as necessary by
  the juvenile board chairman from the general funds of the county.
         SECTION 129.  Section 152.1161(f), Human Resources Code, is
  amended to read as follows:
         (f)  The juvenile board shall pay the salaries of juvenile
  probation personnel and other expenses the chairman certifies as
  essential to provide services to the children of Hockley County
  from the juvenile board fund to the extent of the state aid received
  in the fund. The salaries approved by the commissioners court may
  be paid from funds received for that purpose from the Texas Juvenile
  Justice Department [Probation Commission]. The commissioners
  court shall pay the remaining approved salaries of juvenile
  probation personnel and other expenses certified as necessary by
  the juvenile board chairman from the general funds of the county.
         SECTION 130.  Section 152.2401(f), Human Resources Code, is
  amended to read as follows:
         (f)  The juvenile board shall make the financial and
  statistical records and reports the board is required to make to the
  Texas Juvenile Justice Department [Probation Commission] available
  to the commissioners court.
         SECTION 131.  Section 152.2561(l), Human Resources Code, is
  amended to read as follows:
         (l)  The board shall make available to the commissioners
  court the financial and statistical reports required by the Texas
  Juvenile Justice Department [Probation Commission].
         SECTION 132.  Section 306.002, Labor Code, is amended to
  read as follows:
         Sec. 306.002.  PROJECT RIO. The project for reintegration
  of offenders is a statewide employment referral program designed to
  reintegrate into the labor force persons sentenced to the
  correctional institutions division or committed to the Texas
  Juvenile Justice Department [Youth Commission].
         SECTION 133.  Section 306.003, Labor Code, is amended to
  read as follows:
         Sec. 306.003.  ADMINISTRATION. The department, the Texas
  Juvenile Justice Department [Youth Commission], and the commission
  shall cooperate to maximize the effectiveness of Project RIO. For
  that purpose, the commission shall administer the project.
         SECTION 134.  Section 306.004, Labor Code, is amended to
  read as follows:
         Sec. 306.004.  MEMORANDUM OF UNDERSTANDING--ADOPTION. (a)
  The department, the commission, and the Texas Juvenile Justice
  Department [Youth Commission] shall each adopt a memorandum of
  understanding that establishes the respective responsibilities of
  each agency and of the divisions within the department.
         (b)  The commission shall coordinate the development of the
  memoranda of understanding. The department and the Texas Juvenile
  Justice Department [Youth Commission] shall adopt rules as
  necessary to implement their respective memoranda and may amend the
  memorandum and those rules as necessary.
         SECTION 135.  Section 306.005(b), Labor Code, is amended to
  read as follows:
         (b)  The memorandum of understanding between the Texas
  Juvenile Justice Department [Youth Commission] and the commission
  must establish the roles of the institutional and community
  services division in the Texas Juvenile Justice Department [Youth
  Commission] and the role of the commission in the same manner the
  roles of the department and commission are established under
  Subsection (a).
         SECTION 136.  Section 306.007(a), Labor Code, is amended to
  read as follows:
         (a)  To assist in the reintegration into the labor force of
  persons formerly sentenced to the correctional institutions
  division or committed to the Texas Juvenile Justice Department
  [Youth Commission], the commission through Project RIO shall
  provide:
               (1)  to those persons:
                     (A)  information from local workforce development
  boards on job training and employment referral services;
                     (B)  information from the Department of State
  Health Services on substance abuse treatment services;
                     (C)  information from the Texas Department of
  Housing and Community Affairs on housing services;
                     (D)  information from the Texas Veterans
  Commission on services for veterans; and
                     (E)  information on tax refund voucher programs
  under Subchapter H, Chapter 301; and
               (2)  to the employers and potential employers of those
  persons:
                     (A)  information from the Texas Economic
  Development and Tourism Office on the enterprise zone program; and
                     (B)  information from local workforce development
  boards on services listed in Section 2308.304, Government Code.
         SECTION 137.  Sections 306.008(a) and (c), Labor Code, are
  amended to read as follows:
         (a)  To assist in the reintegration into the labor force of
  persons formerly sentenced to the correctional institutions
  division or committed to the Texas Juvenile Justice Department
  [Youth Commission], the commission, the Texas Juvenile Justice
  Department [Youth Commission], and the department shall establish a
  data interface that, at a minimum, provides to the commission:
               (1)  detailed information about persons released from a
  correctional facility who might benefit from post-release Project
  RIO services, including:
                     (A)  demographic and identifying information;
                     (B)  the person's address on release;
                     (C)  a comprehensive state offense history,
  including the date of release from the correctional facility,
  sentence discharge date, and conditions of parole;
                     (D)  assessment information;
                     (E)  educational and work history;
                     (F)  information related to participation in the
  work against recidivism program operated by the department's
  manufacturing and logistics division under the Texas Correctional
  Industries office; and
                     (G)  other services provided under this title
  before release from the correctional facility; and
               (2)  referral information from the department and the
  Texas Juvenile Justice Department [Youth Commission] necessary to
  implement the provision of post-release employment services.
         (c)  Information received from the Texas Juvenile Justice
  Department [Youth Commission] under this section is confidential
  and is not subject to disclosure under Chapter 552, Government
  Code.
         SECTION 138.  Section 504.017, Labor Code, is amended to
  read as follows:
         Sec. 504.017.  FEDERAL AND STATE FUNDED TRANSPORTATION
  ENTITIES. An entity is eligible to participate under Section
  504.016 or Chapter 791 or 2259, Government Code, if the entity
  provides transportation subsidized in whole or in part by and
  provided to clients of:
               (1)  the Department of Assistive and Rehabilitative
  Services;
               (2)  the Department of State Health Services;
               (3)  the Cancer Prevention and Research Institute of
  Texas;
               (4)  the Texas Department of Housing and Community
  Affairs;
               (5)  the Health and Human Services Commission;
               (6)  the Department of Aging and Disability Services;
  or
               (7)  the Texas Juvenile Justice Department [Youth
  Commission].
         SECTION 139.  Section 244.001(1), Local Government Code, is
  amended to read as follows:
               (1)  "Correctional or rehabilitation facility" means a
  probation or parole office or a residential facility that:
                     (A)  is operated by an agency of the state, a
  political subdivision of the state, or a private vendor operating
  under a contract with an agency of the state or a political
  subdivision of the state; and
                     (B)  houses persons convicted of misdemeanors or
  felonies or children found to have engaged in delinquent conduct,
  regardless of whether the persons are housed in the residential
  facility:
                           (i)  while serving a sentence of confinement
  following conviction of an offense;
                           (ii)  as a condition of probation, parole,
  or mandatory supervision; or
                           (iii)  under a court order for out-of-home
  placement under Title 3, Family Code, other than in a foster home
  operated under a contract with the juvenile board of the county in
  which the foster home is located or under a contract with the Texas
  Juvenile Justice Department [Youth Commission].
         SECTION 140.  Section 244.006, Local Government Code, is
  amended to read as follows:
         Sec. 244.006.  EXEMPTIONS. This subchapter does not apply
  to the operation of a correctional or rehabilitation facility at a
  location subject to this subchapter if:
               (1)  on September 1, 1997, the correctional or
  rehabilitation facility was in operation, under construction,
  under contract for operation or construction, or planned for
  construction at the location on land owned or leased by an agency or
  political subdivision of the state and designated for use as a
  correctional or rehabilitation facility;
               (2)  the correctional or rehabilitation facility was in
  operation or under construction before the establishment of a
  residential area the location of which makes the facility subject
  to this subchapter;
               (3)  the correctional or rehabilitation facility is a
  temporary correctional or rehabilitation facility that will be
  operated at the location for less than one year;
               (4)  the correctional or rehabilitation facility is
  required to obtain a special use permit or a conditional use permit
  from the municipality in which the facility is located before
  beginning operation;
               (5)  the correctional or rehabilitation facility is an
  expansion of a facility operated by the correctional institutions
  division of the Texas Department of Criminal Justice for the
  imprisonment of individuals convicted of felonies other than state
  jail felonies or by the Texas Juvenile Justice Department [Youth
  Commission];
               (6)  the correctional or rehabilitation facility is a
  county jail or a pre-adjudication or post-adjudication juvenile
  detention facility operated by a county or county juvenile board;
               (7)  the facility is:
                     (A)  a juvenile probation office located at, and
  operated in conjunction with, a juvenile justice alternative
  education center; and
                     (B)  used exclusively by students attending the
  juvenile justice alternative education center;
               (8)  the facility is a public or private institution of
  higher education or vocational training to which admission is open
  to the general public;
               (9)  the facility is operated primarily as a treatment
  facility for juveniles under contract with the Department of Aging
  and Disability Services or the Department of State Health Services
  or a local mental health or mental retardation authority;
               (10)  the facility is operated as a juvenile justice
  alternative education program;
               (11)  the facility:
                     (A)  is not operated primarily as a correctional
  or rehabilitation facility; and
                     (B)  only houses persons or children described by
  Section 244.001(1)(B) for a purpose related to treatment or
  education; or
               (12)  the facility is a probation or parole office
  located in a commercial use area.
         SECTION 141.  Section 1701.259(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission and the Texas Juvenile Justice
  Department [Probation Commission] by rule shall adopt a memorandum
  of understanding that establishes a training program in the use of
  firearms by juvenile probation officers.  The memorandum of
  understanding must establish a program that provides instruction
  in:
               (1)  legal limitations on the use of firearms and on the
  powers and authority of juvenile probation officers;
               (2)  range firing and procedure, and firearms safety
  and maintenance; and
               (3)  other topics determined by the commission and the
  department [Texas Juvenile Probation Commission] to be necessary
  for the responsible use of firearms by juvenile probation officers.
         SECTION 142.  Section 22.11(d), Penal Code, is amended to
  read as follows:
         (d)  In this section, "correctional or detention facility"
  means:
               (1)  a secure correctional facility; or
               (2)  a "secure correctional facility" or a "secure
  detention facility" as defined by Section 51.02, Family Code,
  operated by or under contract with a juvenile board or the Texas
  Juvenile Justice Department [Youth Commission] or any other
  facility operated by or under contract with that department
  [commission].
         SECTION 143.  Section 38.06(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under this section is a felony of the third
  degree if the actor:
               (1)  is under arrest for, charged with, or convicted of
  a felony;
               (2)  is confined or lawfully detained in a secure
  correctional facility or law enforcement facility; or
               (3)  is committed to or lawfully detained in a secure
  correctional facility, as defined by Section 51.02, Family Code,
  other than a halfway house, operated by or under contract with the
  Texas Juvenile Justice Department [Youth Commission].
         SECTION 144.  Sections 39.04(a), (b), and (f), Penal Code,
  are amended to read as follows:
         (a)  An official of a correctional facility, an employee of a
  correctional facility, a person other than an employee who works
  for compensation at a correctional facility, a volunteer at a
  correctional facility, or a peace officer commits an offense if the
  person intentionally:
               (1)  denies or impedes a person in custody in the
  exercise or enjoyment of any right, privilege, or immunity knowing
  his conduct is unlawful; or
               (2)  engages in sexual contact, sexual intercourse, or
  deviate sexual intercourse with an individual in custody or, in the
  case of an individual in the custody of the Texas Juvenile Justice
  Department [Youth Commission], employs, authorizes, or induces the
  individual to engage in sexual conduct or a sexual performance.
         (b)  An offense under Subsection (a)(1) is a Class A
  misdemeanor.  An offense under Subsection (a)(2) is a state jail
  felony, except that an offense under Subsection (a)(2) is a felony
  of the second degree if the offense is committed against:
               (1)  an individual in the custody of the Texas Juvenile
  Justice Department [Youth Commission]; or
               (2)  a juvenile offender detained in or committed to a
  correctional facility the operation of which is financed primarily
  with state funds.
         (f)  An employee of the Texas Department of Criminal Justice,
  the Texas Juvenile Justice Department [Youth Commission], or a
  local juvenile probation department commits an offense if the
  employee engages in sexual contact, sexual intercourse, or deviate
  sexual intercourse with an individual who the employee knows is
  under the supervision of the department, juvenile justice
  department [commission], or probation department but not in the
  custody of the department, juvenile justice department 
  [commission], or probation department.
         SECTION 145.  Section 39.04(e)(2), Penal Code, is amended to
  read as follows:
               (2)  "Custody" means the detention, arrest, or
  confinement of an adult offender or the detention or the commitment
  of a juvenile offender to a facility operated by or under a contract
  with the Texas Juvenile Justice Department [Youth Commission] or a
  facility operated by or under contract with a juvenile board.
         SECTION 146.  Section 201.603, Transportation Code, is
  amended to read as follows:
         Sec. 201.603.  AGREEMENT WITH OTHER AGENCIES FOR ROADS. (a)
  On request of the Texas Department of Mental Health and Mental
  Retardation or the Texas Juvenile Justice Department [Youth
  Commission], the department may enter into agreements with either
  [that] department [or commission] for the construction,
  maintenance, or repair of roads in an institution, hospital, or
  school under the control, management, or supervision of that
  department [or commission].
         (b)  The Texas Department of Mental Health and Mental
  Retardation or the Texas Juvenile Justice Department [Youth
  Commission] may reimburse the appropriate fund of the department
  for the cost of construction or maintenance performed under
  Subsection (a). Before a transfer of an amount under this
  subsection, the reimbursing agency shall notify in writing the
  comptroller of the amount to be transferred and the fund from which
  the amount is to be taken.
         SECTION 147.  Section 721.003(a), Transportation Code, is
  amended to read as follows:
         (a)  The governing bodies of the following state agencies or
  divisions by rule may exempt from the requirements of Section
  721.002 a motor vehicle that is under the control and custody of the
  agency or division:
               (1)  Texas Commission on Fire Protection;
               (2)  Texas State Board of Pharmacy;
               (3)  Department of State Health Services and Department
  of Aging and Disability Services;
               (4)  Department of Public Safety of the State of Texas;
               (5)  Texas Department of Criminal Justice;
               (6)  Board of Pardons and Paroles;
               (7)  Parks and Wildlife Department;
               (8)  Railroad Commission of Texas;
               (9)  Texas Alcoholic Beverage Commission;
               (10)  Texas Department of Banking;
               (11)  Department of Savings and Mortgage Lending;
               (12)  Texas Juvenile Justice Department [Probation
  Commission];
               (13)  Texas Commission on Environmental Quality;
               (14)  [Texas Youth Commission;
               [(15)]  Texas Lottery Commission;
               (15) [(16)]  the office of the attorney general;
               (16) [(17)]  Texas Department of Insurance; and
               (17) [(18)]  an agency that receives an appropriation
  under an article of the General Appropriations Act that
  appropriates money to the legislature.
         SECTION 148.  Section 1(a), Chapter 22, Acts of the 57th
  Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
  Texas Civil Statutes), is amended to read as follows:
         (a)  This section and Section 2 of this Act apply to:
               (1)  the governing boards of state-supported
  institutions of higher education;
               (2)  the Texas Higher Education Coordinating Board;
               (3)  the Texas Education Agency;
               (4)  the Texas School for the Deaf;
               (5)  the Texas School for the Blind and Visually
  Impaired;
               (6)  the Texas Department of Mental Health and Mental
  Retardation and the state schools, state hospitals, and other
  facilities and institutions under its jurisdiction;
               (7)  the Texas Department of Health and facilities and
  institutions under its jurisdiction;
               (8)  the Texas Juvenile Justice Department [Youth
  Commission] and facilities and institutions under its
  jurisdiction; and
               (9)  the governing boards of Centers for Community
  Mental Health and Mental Retardation Services, county hospitals,
  city hospitals, city-county hospitals, hospital authorities,
  hospital districts, affiliated state agencies, and each of their
  political subdivisions.
         SECTION 149.  Section 41.301(2), Government Code, is
  repealed.
         SECTION 150.  If any provision of this Act conflicts with a
  provision of another Act of the 84th Legislature, Regular Session,
  2015, the provision of the other Act controls to the extent of the
  conflict, regardless of the date of enactment.
         SECTION 151.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1549 was passed by the House on May
  12, 2015, by the following vote:  Yeas 143, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1549 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor