HUMAN RESOURCES CODETITLE 3. FACILITIES AND SERVICES FOR CHILDRENSUBTITLE A. FACILITIES FOR CHILDRENCHAPTER 61. TEXAS YOUTH COMMISSIONSUBCHAPTER A. GENERAL PROVISIONSSec. 61.001. DEFINITIONS. In this chapter:(1) "Commission" means the Texas Youth Commission.(2) "Advisory board" means the advisory board of the commission.(3) "Board" means the board of the commission appointed under Section 61.024.(4) "Executive commissioner" means the executive commissioner of the commission.(5) "Court" means a juvenile court.(6) "Child" means a person 10 years old or older and under 21 years old who is committed to the commission under Title 3, Family Code.(7) "Office of inspector general" means the office of inspector general established under Section 61.0451.
Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 163, ch. 44, art. 2, Sec. 1, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 27, eff. June 8, 2007.Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.002, eff. June 19, 2009.
Sec. 61.002. PURPOSE. The purpose of this chapter is to provide for administration of the state's correctional facilities for children, to provide a program of constructive training aimed at rehabilitation and reestablishment in society of children adjudged delinquent by the courts of this state and committed to the Texas Youth Commission, and to provide active parole supervision for children until officially discharged from custody of the Texas Youth Commission.
Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, Sec. 2, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 2, eff. Sept. 1, 1987.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONSSec. 61.011. TEXAS YOUTH COMMISSION. The Texas Youth Commission is an agency of the state.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, Sec. 3, eff. April 26, 1983.
Sec. 61.016. OFFICE. The commission shall have its office wherever it chooses, in a building designated and approved by the State Purchasing and General Services Commission.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, Sec. 8, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 8, eff. Sept. 1, 1987.
Sec. 61.0191. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The commission is subject to audit by the state auditor in accordance with Chapter 321, Government Code.(b) The state auditor, on request of the office of inspector general, may provide information or other assistance to the office of inspector general that the state auditor determines is appropriate. The office of inspector general may coordinate with the state auditor to review or schedule a plan for an investigation under Section 61.0451 or share other information.(c) The state auditor may access all information maintained by the office of inspector general, such as vouchers, electronic data, and internal records, including information that is otherwise confidential under law. Information obtained by the state auditor under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.(d) Any provision of this chapter relating to the operations of the office of inspector general does not:(1) supersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or(2) prohibit the state auditor from:(A) conducting an audit, investigation, or other review; or(B) having full and complete access to all records and other information concerning the commission, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 11, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 79, eff. Sept. 1, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 31, eff. June 8, 2007.
For expiration of Subsections (b) and (c), see Subsection (c).Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2011.(b) In the review of the Texas Youth Commission by the Sunset Advisory Commission, as required by this section, the sunset commission shall focus its review on:(1) the commission's compliance with Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular Session, 2007;(2) requirements placed on the agency by legislation enacted by the 81st Legislature, Regular Session, 2009, that becomes law, including implementation of programs for the diversion of youth from the commission; and(3) initiatives of the commission and the Texas Juvenile Probation Commission in coordinating activities and services to better integrate Texas Youth Commission, Texas Juvenile Probation Commission, and county juvenile justice functions, including joint strategic planning, the sharing of youth data across youth-serving agencies, assessments and classification of youth, and collection of data on probation outcomes.(c) In its report to the 82nd Legislature, the sunset commission may include any recommendations it considers appropriate. This subsection and Subsection (b) expire September 1, 2011.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, Sec. 12, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 479, Sec. 211, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 12, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.03, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, Sec. 1.04, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 319, Sec. 6, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.003, eff. June 19, 2009.
Sec. 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The commission shall comply with federal and state laws related to program and facility accessibility. The executive commissioner shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 32, eff. June 8, 2007.
Sec. 61.023. ACCREDITATION BY AMERICAN CORRECTIONAL ASSOCIATION. Not later than September 1, 2007, the commission shall adopt a plan for and begin the process of receiving accreditation by the American Correctional Association for each correctional facility operated by or under contract with the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 33, eff. June 8, 2007.
Sec. 61.024. GOVERNANCE OF COMMISSION. (a) Notwithstanding any other provision of this chapter, effective September 1, 2009, the commission is governed by a board that consists of seven members appointed by the governor with the advice and consent of the senate. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.(b) Members of the board must be citizens who are recognized within their communities for their interest in youth. The board shall be composed of at least one physician, an experienced member of a victims advocacy organization, a mental health professional, and a current or former prosecutor or judge. A majority of the members of the board must be qualified, by experience or education, in the development and administration of programs for the rehabilitation and reestablishment in society of children in the custody of agencies similar in mission and scope to the commission. At least two of the members of the board must have primary experience in a field other than the field of criminal or juvenile justice.(c) The board shall meet at least four times each year. A meeting shall be held at the call of the chairman or on the request of five members at a time and place designated by the chairman. Board members are entitled to receive a per diem in the amount provided in the General Appropriations Act for not more than 90 days in any fiscal year, plus reimbursement for actual expenses incurred while on board business.(d) Effective September 1, 2009, the commission shall employ an executive director, selected by the board, to serve at the will of the board. The executive director shall devote full time to the work of the commission. The executive director is entitled to actual expenses while on commission business.(e) Effective September 1, 2009:(1) a reference in law to the executive commissioner is a reference to the board in matters concerning the governance of the commission, policymaking functions of the commission, or rulemaking functions of the commission; and(2) a reference in law to the executive commissioner is a reference to the executive director in matters concerning the administrative functions of the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 33, eff. June 8, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.004, eff. June 19, 2009.
Sec. 61.025. RESTRICTIONS ON BOARD MEMBERSHIP AND EMPLOYMENT. (a) A person may not be a member of the board or employed by the board as the executive director if the person or the person's spouse:(1) is registered, certified, or licensed by a regulatory agency in the field of criminal or juvenile justice;(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission;(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; or(4) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.(b) A person may not be a board member and may not be a commission employee who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.(c) A person may not be a member of the board or act as the general counsel to the board or the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.(d) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.026. REMOVAL OF BOARD MEMBERS. (a) It is a ground for removal from the board that a member:(1) does not have at the time of taking office the qualifications required by Section 61.024(b);(2) does not maintain during service on the board the qualifications required by Section 61.024(b);(3) is ineligible for membership under Section 61.025;(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.027. TRAINING FOR BOARD MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) the legislation that created the commission;(2) the programs, functions, rules, and budget of the commission;(3) the results of the most recent formal audit of the commission;(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and(5) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.028. USE OF TECHNOLOGY. The board shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The board shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.(b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c) The board shall designate a trained person to:(1) coordinate the implementation of the policy adopted under Subsection (a);(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3) collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIESSec. 61.031. CONTINUING STUDY. The commission shall carry on a continuing study of the problem of juvenile delinquency in this state and shall seek to focus public attention on special solutions to this problem.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 13, eff. April 26, 1983.
Sec. 61.0315. TREATMENT PROGRAMS. (a) The commission shall annually review the effectiveness of the commission's programs for the rehabilitation and reestablishment in society of children committed to the commission, including programs for sex offenders, capital offenders, children who are chemically dependent, emotionally disturbed children, and females.(b) On or before December 31 of each year, the commission shall make a report on the effectiveness of the programs to the Legislative Budget Board.(c) The commission shall offer or make available programs described by Subsection (a) in an adequate manner so that a child in the custody of the commission receives appropriate rehabilitation services recommended for the child by the court committing the child to the commission.(d) If the commission is unable to offer or make available programs described by Subsection (a) in the manner provided by Subsection (c), the commission shall, not later than January 10 of each odd-numbered year, provide the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities with a report explaining:(1) which programs are not offered or are unavailable; and(2) the reason the programs are not offered or are unavailable.(e) The commission shall periodically review, document, and compare the accessibility and funding of treatment programs provided to female children committed to the commission to the accessibility and funding of treatment provided to male children committed to the commission.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 56, eff. Jan. 1, 1996.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 34, eff. June 8, 2007.
Sec. 61.032. ADMINISTRATION OF INSTITUTIONS. The commission shall administer the training, diagnostic treatment, and supervisory facilities and services of the state for children committed to the commission and shall manage and direct all institutions and training school facilities under the authority of the commission.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 14, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 13, eff. Sept. 1, 1987.
Sec. 61.033. ANNUAL FINANCIAL REPORT. The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 15, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 14, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, Sec. 8, eff. Sept. 1, 1997.
Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission shall regularly conduct internal audits of the commission, including audits of:(1) correctional facilities operated by and under contract with the commission; and(2) medical services provided to children in the custody of the commission.(b) The commission shall on a quarterly basis report the results of the audits to:(1) the committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities; and(2) the state auditor.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 35, eff. June 8, 2007.
Sec. 61.034. POLICIES AND RULES. (a) The executive commissioner is responsible for the adoption of all policies and shall make rules appropriate to the proper accomplishment of the commission's functions.(b) The executive commissioner shall adopt rules for the government of the schools, facilities, and programs under the commission's authority and shall see that the schools, facilities, and programs are conducted according to law and to the executive commissioner's rules. The purpose of the rules and of all education, work, training, discipline, recreation, and other activities in the schools, facilities, and programs is to restore and increase the self-respect and self-reliance of the youth under the authority of the commission and to qualify them for good citizenship and honorable employment.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 16, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 15, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 36, eff. June 8, 2007.
Sec. 61.0345. MISSION STATEMENT. The commission shall develop and adopt a statement regarding the role and mission of the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 35, eff. June 8, 2007.
Sec. 61.035. EMPLOYEES. (a) Within the limits specified by legislative appropriation, the commission may employ and compensate personnel necessary to carry out its duties.(b) Except as otherwise provided by this chapter, an employee of the commission is employed on an at-will basis.(c) The commission shall establish procedures and practices governing:(1) employment-related grievances submitted by commission employees; and(2) disciplinary actions within the commission, including a procedure allowing a commission employee to elect to participate in an independent dismissal mediation if the employee is recommended for dismissal.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, Sec. 17, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 16, 52(a), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, Sec. 17, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 37, eff. June 8, 2007.
Sec. 61.0351. PROFESSIONAL INFORMATION FOR ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive commissioner shall provide to members of the advisory board and to commission employees, as often as is necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 9, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.
Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the staff of the commission.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 10, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.006, eff. June 19, 2009.
Sec. 61.0353. INTRA-AGENCY CAREER LADDER PROGRAM. The program shall require intra-agency posting of all positions concurrently with any public postings.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 11, eff. Sept. 1, 1997.
Sec. 61.0354. JOB PERFORMANCE EVALUATIONS. The executive commissioner shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on the system established under this section.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 12, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.
Sec. 61.0355. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) The executive commissioner shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement shall include:(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;(2) a comprehensive analysis of the commission's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;(3) procedures by which a determination can be made about the extent of underuse in the commission's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and(4) reasonable methods to appropriately address those areas of underuse.(b) A policy statement prepared under Subsection (a) must cover an annual period, be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office.(c) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 18(a), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 13, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 39, eff. June 8, 2007.
Sec. 61.0356. JUVENILE CORRECTIONAL OFFICERS; STAFFING. (a) In this section, "juvenile correctional officer" means an employee whose primary duty includes the custodial supervision of children in the custody of the commission.(b) The commission shall provide each juvenile correctional officer employed by the commission with at least 300 hours of training, which must include on-the-job training, before the officer independently commences the officer's duties at the facility. The training must provide the officer with information and instruction related to the officer's duties, including information and instruction concerning:(1) the juvenile justice system of this state, including the juvenile correctional facility system;(2) security procedures;(3) the supervision of children committed to the commission;(4) signs of suicide risks and suicide precautions;(5) signs and symptoms of the abuse, assault, neglect, and exploitation of a child, including sexual abuse and sexual assault, and the manner in which to report the abuse, assault, neglect, or exploitation of a child;(6) the neurological, physical, and psychological development of adolescents;(7) commission rules and regulations, including rules, regulations, and tactics concerning the use of force;(8) appropriate restraint techniques;(9) the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601, et seq.);(10) the rights and responsibilities of children in the custody of the commission;(11) interpersonal relationship skills;(12) the social and cultural lifestyles of children in the custody of the commission;(13) first aid and cardiopulmonary resuscitation;(14) counseling techniques;(15) conflict resolution and dispute mediation, including de-escalation techniques;(16) behavior management;(17) mental health issues; and(18) employee rights, employment discrimination, and sexual harassment.(c) The commission may employ part-time juvenile correctional officers. A part-time juvenile correctional officer is subject to the training requirements of this section.(d) In each correctional facility operated by the commission that has a dormitory, including an open-bay dormitory, the commission must maintain a ratio of not less than one juvenile correctional officer performing direct supervisory duties for every 12 persons committed to the facility.(e) The commission shall consider the age of a juvenile correctional officer or other commission employee who performs direct supervisory duties when determining the placement of the officer or employee in a commission facility so that, to the extent practicable, an officer or employee is not supervising a child who is not more than three years younger than the officer or employee or is otherwise a similar age to the officer or employee.(f) The commission shall rotate the assignment of each juvenile correctional officer at an interval determined by the commission so that a juvenile correctional officer is not assigned to the same station for an extended period of time.(g) The commission shall ensure that at least one juvenile correctional officer is assigned to supervise in or near a classroom or other location in which children receive education services or training at the time the children are receiving the education services or training.(h) The commission shall adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 40, eff. June 8, 2007.
Sec. 61.0357. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In this section:(1) "Department" means the Department of Public Safety.(2) "National criminal history record information" means criminal history record information obtained from the department under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code.(b) The executive commissioner shall review the national criminal history record information, state criminal history record information maintained by the department, and previous and current employment references of each person who:(1) is an employee, contractor, volunteer, ombudsman, or advocate working for the commission or working in a commission facility or a facility under contract with the commission;(2) provides direct delivery of services to children in the custody of the commission; or(3) has access to records in commission facilities or offices.(c) To enable the executive commissioner to conduct the review, the commission shall adopt rules requiring a person described by Subsection (b) to electronically provide the department with a complete set of the person's fingerprints in a form and of a quality acceptable to the department and the Federal Bureau of Investigation.(d) For each person described by Subsection (b), the executive commissioner shall review on an annual basis the person's national criminal history record information.(e) The commission shall ensure that the system used to check state criminal history record information maintained by the department is capable of providing real time arrest information.(f) The commission by rule may require a person described by Subsection (b) to pay a fee related to the first national criminal history record information review conducted under this section. The amount of the fee may not exceed the administrative costs incurred by the commission in conducting the initial review, including the costs of obtaining the person's fingerprints.(g) The commission shall adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 40, eff. June 8, 2007.
Sec. 61.036. COOPERATION WITH OTHER AGENCIES. (a) The commission shall cooperate with all existing agencies and encourage the establishment of new programs, both local and statewide, the object of which is services to delinquent and predelinquent youth of this state.(b) The commission may assist in developing, strengthening, and coordinating educational, welfare, health, recreational, and law-enforcement programs which have as their object the prevention of juvenile delinquency and crime.(c) Repealed by Acts 1995, 74th Leg., ch. 876, Sec. 24.03, eff. Sept. 1, 1995.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, Sec. 18, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 19, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 258, Sec. 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 876, Sec. 24.03, eff. Sept. 1, 1995.
Sec. 61.037. USE OF EXISTING INSTITUTIONS AND AGENCIES. (a) In carrying out its duties, the commission may make use of law-enforcement, detention, supervisory, medical, educational, correctional, and other facilities, institutions, and agencies in the state. This section does not authorize the commission to assume control of any other agency, institution, or facility in the state, or to require any agency, institution, or facility to serve the commission in a manner inconsistent with its authority or function or with any law or regulation governing its activity.(b) When funds are available for the purpose, the commission may enter into agreements with appropriate public or private agencies for the separate care and treatment of persons subject to the control of the commission. The commission may not make use of any private institution or agency without its consent. The commission shall make reasonable efforts to ensure that the expenditure of appropriations for the purchase of contract residential care for children, not including the purchase of care in foster family homes, be allocated to providers on a fixed monthly basis if it is cost-effective and the number, type, needs, and conditions of the children to be served is reasonably constant.(c) The commission shall periodically inspect all public and private institutions and agencies whose facilities it is using. Every public and private institution and agency shall afford to the commission reasonable opportunity to examine and consult with children who have been committed to the commission and who are in the custody of the institution or agency.(d) Placement of a child in, or the release of a child by, any institution not operated by the commission does not terminate the authority of the commission over the child. No child placed in an institution or under an agency by the commission may be released by the institution or agency without the approval of the commission.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 169, ch. 44, art. 2, Sec. 19, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 20, eff. Sept. 1, 1987.
Sec. 61.038. HALFWAY HOUSE PROGRAM. (a) The commission may not develop a halfway house to be operated by the commission if an appropriate private halfway house program is contractually available and the costs under the contract are less than the costs would be if the commission provided the services.(b) Before the commission contracts for the development of a halfway house program, the commission shall send prospective service providers a request for a proposal that identifies the program services desired, the population to be served, and potential locations for the program. The commission shall select the service provider that submits the proposal that best meets the commission's needs according to standards established by the commission. If the commission does not receive a proposal that meets its needs, the commission may request funds from the legislature for the development of a halfway house to be operated by the commission.(c) This section does not apply to halfway houses operated by the commission on September 1, 1987.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 21, eff. Sept. 1, 1987.
Sec. 61.0385. CRISIS INTERVENTION AND ASSESSMENT CENTERS. The commission may establish a children's crisis intervention and assessment center at a facility owned or operated by the commission. The commission may contract with another entity for the provision or use of services at the center.
Added by Acts 1993, 73rd Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1993.
Sec. 61.0386. ADVOCACY AND SUPPORT GROUPS. (a) The commission shall allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, the mentally ill, and victims of sexual assault to provide on-site information, support, and other services for children confined in commission facilities.(b) The commission shall adopt security and privacy procedures for advocacy and support groups that provide on-site information, support, and other services under this section. The security and privacy procedures may not be designed to deny an advocacy or support group access to children confined in commission facilities.(c) The commission shall adopt standards consistent with standards adopted by the Texas Department of Criminal Justice regarding the confidential correspondence of children confined in commission facilities with external entities, including advocacy and support groups.
Added by Acts 2007, 80th Leg., R.S., Ch. 1265, Sec. 1, eff. June 15, 2007.
Sec. 61.039. COMMISSION PROGRAMS. (a) The commission shall develop and use standards based on performance to evaluate and compare programs operated by the commission.(b) When practicable and feasible, the commission shall provide specific performance standards for a program serving 10 or more children through an agreement entered into under Section 61.037 of this chapter. In the performance standards, the commission shall include outcome measures for evaluating the quality of services provided under the agreement.(c) For the purposes of comparison, the commission shall use performance standards that are as consistent as practicable with those used to evaluate and compare programs operated by the commission, that measure the benefits and cost-effectiveness of the respective programs, and that measure the average length of stay and rate of recidivism of the children in the program.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, Sec. 20, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 22, eff. Sept. 1, 1987.
Sec. 61.0395. SERVICES FOR CHILDREN NOT COMMITTED TO THE COMMISSION. The commission may provide services to a child not committed to the commission if the commission contracts with a local juvenile probation department, the Texas Department of Human Services, or the Department of Protective and Regulatory Services to provide services to the child.
Added by Acts 1993, 73rd Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1993.
Sec. 61.040. ADDITIONAL FACILITIES; PAROLE SUPERVISION. When funds are available, the commission may:(1) establish and operate places for detention and diagnosis of children committed to it;(2) establish and operate additional treatment and training facilities, including forestry or parks-maintenance camps and ranches, necessary to classify and treat children committed to the commission according to their needs;(3) establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and(4) assist in establishing training facilities and programs owned and operated by private individuals or organizations which agree to provide services to children committed to the commission, including programs for children needing long-term residential care.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, Sec. 21, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 430, Sec. 1, eff. June 11, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 23, eff. Sept. 1, 1987.
Sec. 61.0401. COMPUTATION OF DAILY COSTS OF FACILITY. In computing the daily costs of a residential facility operated by the commission, the commission shall use a standard method that is consistent with methods used by other state agencies and that is designed to reflect the actual cost to the state of operating the facility.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 24, eff. Sept. 1, 1987.
Sec. 61.041. STUDY OF TREATMENT METHODS; STATISTICAL RECORDS. (a) The commission shall conduct continuing inquiry into the effectiveness of the treatment methods it employs in the reformation of children. To this end, the commission shall maintain a record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction of the commission and shall tabulate, analyze, and publish biennially these data for use in evaluating the relative merits of treatment methods.(b) The commission shall cooperate with courts and private and public agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the dispositions made of them, and other information useful in determining the amount and causes of juvenile delinquency in this state.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. II, Sec. 22, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 25, eff. Sept. 1, 1987.
Sec. 61.042. REFERRALS FROM FEDERAL COURT. The commission may enter into agreements with the federal government to accept children from the federal court for an agreed compensation.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 23, eff. April 26, 1983.
Sec. 61.0421. PUBLIC INTEREST INFORMATION. The commission shall prepare information of public interest describing the functions of the commission and describing the procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available to the general public and appropriate state agencies.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987.
Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The commission shall maintain a system to promptly and efficiently act on a complaint filed with the commission by a person, other than a child receiving services from the commission or the child's parent or guardian, that the commission has authority to resolve. The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.(b) The commission shall make information available describing the commission's procedures for complaint investigation and resolution.(c) The commission shall periodically notify the complaint parties of the status of the complaint until final disposition, unless the notice would jeopardize an undercover investigation.(d) The commission shall keep information about each written complaint filed with the commission by a child receiving services from the commission or the child's parent or guardian. The information must include:(1) the subject matter of the complaint;(2) a summary of the results of the review or investigation of the complaint; and(3) the period of time between the date the complaint is received and the date the complaint is closed.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 14, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.007, eff. June 19, 2009.
Sec. 61.0423. PUBLIC HEARINGS. (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the commission.(b) The board shall ensure that the location of public hearings held in accordance with this section is rotated between municipalities in which a commission facility is located or that are in proximity to a commission facility.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 15, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 41, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.008, eff. June 19, 2009.
Sec. 61.043. GIFTS; GRANTS. The commission may accept gifts, grants, or donations of money or property from private sources to effectuate the purpose of this chapter. Donated funds shall be placed in the state treasury in a special fund called the Texas Youth Commission Fund and expended as other state money is expended, on warrants drawn by the comptroller on the order of the commission. At the end of each state fiscal year, any unexpended balance in the fund shall be carried over in the same fund.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 24, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987.
Sec. 61.0431. SPECIAL ACCOUNTS. (a) Proceeds from the operation of canteens and vending machines at facilities under the jurisdiction of the commission shall be deposited to the credit of a special account in the General Revenue Fund called the canteen revolving fund. The proceeds shall be used to pay the actual expenses of maintaining and operating the canteens and vending machines. Proceeds in excess of the amount required for those expenses, donations for student activities and proceeds from children's fundraising projects shall be deposited to the credit of a special account in the General Revenue Fund called the student benefit fund and may be used only to:(1) provide education, recreation, and entertainment to children committed to the commission; or(2) reimburse children committed to the commission for personal property lost or damaged as a result of negligence by the staff of the commission.(b) Proceeds from shop projects at the facilities under the commission's jurisdiction shall be deposited to the credit of a special account in the General Revenue Fund called the vocational shop fund and may be used only to purchase and maintain parts, tools, and other supplies necessary for the shop projects and to compensate the students who participate in the projects.(c) Registration fees from seminars and conferences conducted by the commission shall be deposited to the credit of a special account in the General Revenue Fund called the conference account and may be used only to pay the costs of conducting seminars and conferences.(d) Money in the special accounts is appropriated for the purposes indicated in this section and shall be expended on warrants drawn by the comptroller on the order of the commission.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 302, Sec. 1, eff. Aug. 30, 1993.
Sec. 61.0432. STUDENT TRUST FUND; CONTRABAND MONEY. (a) Except as provided by Subsection (b), money belonging to a child committed to the commission in excess of the amount the commission allows in a child's possession shall be deposited in a trust fund established by the facility operated by the commission to which the child is assigned. The commission shall adopt rules governing the administration of the trust fund.(b) Money possessed by a child committed to the commission that is determined to be contraband money as defined by commission rule shall be deposited in the student benefit fund described by Section 61.0431. The commission shall notify each child committed to the commission that the possession of contraband money is subject to confiscation by the commission under this subsection.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987.Amended by: Acts 2005, 79th Leg., Ch. 949, Sec. 39, eff. September 1, 2005.
Sec. 61.0433. DEBIT CARD SUSPENSE ACCOUNTS. (a) The commission may establish debit card suspense accounts necessary to operate magnetic debit card systems at facilities under the jurisdiction of the commission to enable the students, employees, and visitors to make purchases of:(1) merchandise from vending machines or canteens within the facilities;(2) meals from cafeterias within the facilities; and(3) services that the facilities are authorized to provide.(b) Cash received from cash-to-card machines and amounts electronically transferred for card use from the students' trust fund accounts shall be deposited to debit card suspense accounts in local depositories and held pending card purchases.(c) Transfers of cash based on card use for purchases of merchandise or services shall be made from the debit card suspense accounts to the appropriate vendors and to accounts in the state treasury in accordance with laws governing receipt of state revenues.(d) Unused debit card balances shall be refunded to the card holders from the debit card suspense accounts.
Added by Acts 1991, 72nd Leg., ch. 69, Sec. 1, eff. Sept. 1, 1991.
Sec. 61.044. BIENNIAL BUDGET. The executive commissioner shall prepare a biennial budget of all funds necessary to be appropriated by the legislature to the commission to carry out the purposes of this chapter. The budget shall be submitted and filed by the executive commissioner in the form and manner and within the time prescribed by law.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 25, eff. April 26, 1983.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 44, eff. June 8, 2007.
Sec. 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a) The commission shall have general charge of and be responsible for the welfare, custody, and rehabilitation of the children in a school, facility, or program operated or funded by the commission. The commission shall seek to establish relationships and to organize a way of life that will meet the spiritual, moral, physical, emotional, intellectual, and social needs of the children under its care as those needs would be met in an adequate home.(b) The commission shall see that the buildings and premises are kept in good sanitary order.
Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, Sec. 26, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 28, eff. Sept. 1, 1987.
Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office of inspector general is established at the commission for the purpose of investigating:(1) crimes committed by commission employees, including parole officers employed by or under a contract with the commission; and(2) crimes and delinquent conduct committed at a facility operated by the commission, a residential facility operated by another entity under a contract with the commission, or any facility in which a child committed to the custody of the commission is housed or receives medical or mental health treatment.(b) The office of inspector general shall prepare and deliver a report concerning the results of any investigation conducted under this section to:(1) the executive commissioner;(2) the advisory board;(3) the governor;(4) the lieutenant governor;(5) the speaker of the house of representatives;(6) the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities;(7) the special prosecution unit;(8) the state auditor; and(9) any other appropriate state agency responsible for licensing or certifying commission employees or facilities.(c) The report prepared under Subsection (b) must include a summary of the actions performed by the office of inspector general in conducting the investigation, a statement of whether the investigation resulted in a finding that a criminal offense or delinquent conduct occurred, and a description of the finding. The report is public information under Chapter 552, Government Code, only to the extent authorized under that chapter and other law.(d) The office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure.(e) Peace officers employed and commissioned under Subsection (d) must:(1) be certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code; and(2) complete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (d) as part of any continuing education requirements for the peace officers.(f) The executive commissioner shall select a commissioned peace officer as chief inspector general. The chief inspector general is subject to the requirements of this section and may only be discharged for cause.(g) The chief inspector general shall on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to:(1) the executive commissioner;(2) the advisory board;(3) the governor;(4) the lieutenant governor;(5) the speaker of the house of representatives;(6) the standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities;(7) the state auditor; and(8) the comptroller.(h) A report prepared under Subsection (g) is public information under Chapter 552, Government Code, to the extent authorized under that chapter and other law, and the commission shall publish the report on the commission's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to:(1) the types of investigations conducted by the office of inspector general, such as whether an investigation concerned narcotics or an alleged incident of sexual abuse;(2) the relationship of a victim to a perpetrator, if applicable; and(3) the number of investigations conducted concerning suicides, deaths, and hospitalizations of children in the custody of the commission.(i) The office of inspector general shall immediately report to the executive director, the board, the governor's general counsel, and the state auditor:(1) any particularly serious or flagrant problem concerning the administration of a commission program or operation; or(2) any interference by the executive director, an employee of the commission, a facility described by Subsection (a)(2), or an officer or employee of a facility described by Subsection (a)(2) with an investigation conducted by the office.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 838, Sec. 2, eff. June 15, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.009, eff. June 19, 2009.
Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall establish a permanent, toll-free number for the purpose of receiving any information concerning the abuse, neglect, or exploitation of children in the custody of the commission.(b) The office of inspector general shall ensure that:(1) the toll-free number is prominently displayed in each commission facility; and(2) children in the custody of the commission and commission employees have confidential access to telephones for the purpose of calling the toll-free number.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.
Sec. 61.0455. DETECTION AND MONITORING OF CELLULAR TELEPHONES. (a) The commission may own and the office of the inspector general may possess, install, operate, or monitor an electronic, mechanical, or other device, as defined by Article 18.20, Code of Criminal Procedure.(b) The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor electronic, mechanical, or other devices for the commission.(c) An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person:(1) is designated by the executive commissioner for that purpose; and(2) acts in the presence and under the direction of a commissioned officer of the inspector general.
Added by Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 8, eff. September 1, 2009.
Sec. 61.046. RELIGIOUS TRAINING. The commission shall provide for the religious and spiritual training of children in its custody according to the children's individual choices.
Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, Sec. 27, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 29, eff. Sept. 1, 1987.
Sec. 61.0461. EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT CERTAIN COMMISSION FACILITIES. The commission shall ensure that a chaplain is employed or formally designated for each commission correctional facility that is an institution.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.
Sec. 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION EDUCATION. The commission shall provide education in violence prevention and conflict resolution that includes discussion of domestic violence and child abuse issues to all children in its custody.
Added by Acts 1995, 74th Leg., ch. 563, Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 664, Sec. 2, eff. Jan. 1, 1996.
Sec. 61.048. BUILDINGS AND IMPROVEMENTS. (a) The commission may design, construct, equip, furnish, and maintain buildings and improvements at facilities under its jurisdiction. The commission may employ architects or engineers, or both, to prepare plans and specifications and to supervise the construction and improvements. The commission shall promulgate rules relating to the award of contracts for the construction of buildings and improvements. The rules shall provide for the award of contracts for the construction of buildings and improvements to the qualified bidder making the lowest and best bid. A construction contract may not be awarded for a sum in excess of the amount of funds available for the project. The commission may reject any and all bids submitted.(b) If a project is financed in whole or in part by federal funds, any standards required by the enabling federal statute or required by the rules of the administering federal agency control over this section.(c) The commission may employ professional, technical, and clerical personnel to carry out the design and construction functions required by this section.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 30, eff. Sept. 1, 1987.
Sec. 61.050. FIRE PROTECTION ACTIVITIES. (a) The commission may perform fire protection, fire prevention, and fire suppression activities at commission facilities.(b) The commission may prescribe circumstances under which, for the benefit of the public safety and welfare, commission employees using commission equipment may assist municipal or volunteer fire departments in the performance of fire protection, fire prevention, or fire suppression activities near commission facilities.
Added by Acts 1995, 74th Leg., ch. 210, Sec. 1, eff. May 23, 1995.
Sec. 61.051. CLIENT SERVICE CONTRACT STANDARDS. In each contract for the purchase of residential program-related client services, the commission shall include:(1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives;(2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and(3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.052. CONTRACT MONITORING. The commission shall establish a formal program to monitor residential program-related client services contracts made by the commission. The commission must:(1) monitor compliance with financial and performance requirements using a risk assessment methodology; and(2) obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.053. MEDICAID BENEFITS. The commission shall apply for benefits under the federal Medicaid program if application is cost effective in reducing health care costs incurred by the commission.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.054. SALE OR LICENSE OF TREATMENT PROGRAMS. (a) The commission may sell or license to an individual or a private or public entity the right to use a treatment program developed by the commission.(b) Proceeds from the sale or license of a treatment program shall be deposited to the credit of the fund that provided the money to finance the development of the treatment program.(c) At the end of each fiscal year, any unexpended proceeds from the sale or license of a treatment program shall be carried over to the next fiscal year to the credit of the fund that provided the money to finance the development of the treatment program.
Added by Acts 1997, 75th Leg., ch. 1093, Sec. 1, eff. June 19, 1997. Renumbered from Sec. 61.051 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(80), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 624, Sec. 1, eff. June 20, 2003.
Sec. 61.055. ZERO-TOLERANCE POLICY. (a) The commission shall adopt a zero-tolerance policy concerning the detection, prevention, and punishment of the sexual abuse, including consensual sexual contact, of children in the custody of the commission.(b) The commission shall establish standards for reporting and collecting data on the sexual abuse of children in the custody of the commission.(c) The commission shall establish a procedure for children in the custody of the commission and commission employees to report incidents of sexual abuse involving a child in the custody of the commission. The procedure must designate a person employed at the commission facility in which the abuse is alleged to have occurred as well as a person who is employed at the commission's headquarters to whom a person may report an incident of sexual abuse.(d) The commission shall prominently display the following notice in the office of the chief administrator of each commission facility, the employees' break room of each commission facility, the cafeteria of each commission facility, and at least six additional locations in each commission facility:THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF A CHILD IN THE CUSTODY OF THE COMMISSION. ANY SUCH VIOLATION MUST BE REPORTED TO __________.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 45, eff. June 8, 2007.
SUBCHAPTER D. ADMISSION AND COMMITMENTSec. 61.061. PLACEMENT IN COMMISSION FACILITIES. (a) The commission may not assign a child younger than 15 years of age to the same correctional facility dormitory as a person who is at least 17 years of age unless the commission determines that the placement is necessary to ensure the safety of children in the custody of the commission. This subsection does not apply to a dormitory that is used exclusively for short-term assessment and orientation purposes.(b) The commission by rule shall adopt scheduling, housing, and placement procedures for the purpose of protecting vulnerable children in the custody of the commission. The procedures must address the age, physical condition, and treatment needs of a child as well as any other relevant factor.(c) The commission shall consider the proximity of the residence of a child's family in determining the appropriate commission facility in which to place a child.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 43, eff. June 8, 2007.
Sec. 61.062. ESTABLISHMENT OF MINIMUM LENGTH OF STAY. (a) The commission shall establish a minimum length of stay for each child committed to the commission without a determinate sentence.(b) In establishing a m
HUMAN RESOURCES CODETITLE 3. FACILITIES AND SERVICES FOR CHILDRENSUBTITLE A. FACILITIES FOR CHILDRENCHAPTER 61. TEXAS YOUTH COMMISSIONSUBCHAPTER A. GENERAL PROVISIONSSec. 61.001. DEFINITIONS. In this chapter:(1) "Commission" means the Texas Youth Commission.(2) "Advisory board" means the advisory board of the commission.(3) "Board" means the board of the commission appointed under Section 61.024.(4) "Executive commissioner" means the executive commissioner of the commission.(5) "Court" means a juvenile court.(6) "Child" means a person 10 years old or older and under 21 years old who is committed to the commission under Title 3, Family Code.(7) "Office of inspector general" means the office of inspector general established under Section 61.0451.
Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 163, ch. 44, art. 2, Sec. 1, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 27, eff. June 8, 2007.Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.002, eff. June 19, 2009.
Sec. 61.002. PURPOSE. The purpose of this chapter is to provide for administration of the state's correctional facilities for children, to provide a program of constructive training aimed at rehabilitation and reestablishment in society of children adjudged delinquent by the courts of this state and committed to the Texas Youth Commission, and to provide active parole supervision for children until officially discharged from custody of the Texas Youth Commission.
Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, Sec. 2, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 2, eff. Sept. 1, 1987.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONSSec. 61.011. TEXAS YOUTH COMMISSION. The Texas Youth Commission is an agency of the state.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, Sec. 3, eff. April 26, 1983.
Sec. 61.016. OFFICE. The commission shall have its office wherever it chooses, in a building designated and approved by the State Purchasing and General Services Commission.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, Sec. 8, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 8, eff. Sept. 1, 1987.
Sec. 61.0191. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The commission is subject to audit by the state auditor in accordance with Chapter 321, Government Code.(b) The state auditor, on request of the office of inspector general, may provide information or other assistance to the office of inspector general that the state auditor determines is appropriate. The office of inspector general may coordinate with the state auditor to review or schedule a plan for an investigation under Section 61.0451 or share other information.(c) The state auditor may access all information maintained by the office of inspector general, such as vouchers, electronic data, and internal records, including information that is otherwise confidential under law. Information obtained by the state auditor under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.(d) Any provision of this chapter relating to the operations of the office of inspector general does not:(1) supersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or(2) prohibit the state auditor from:(A) conducting an audit, investigation, or other review; or(B) having full and complete access to all records and other information concerning the commission, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 11, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 79, eff. Sept. 1, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 31, eff. June 8, 2007.
For expiration of Subsections (b) and (c), see Subsection (c).Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2011.(b) In the review of the Texas Youth Commission by the Sunset Advisory Commission, as required by this section, the sunset commission shall focus its review on:(1) the commission's compliance with Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular Session, 2007;(2) requirements placed on the agency by legislation enacted by the 81st Legislature, Regular Session, 2009, that becomes law, including implementation of programs for the diversion of youth from the commission; and(3) initiatives of the commission and the Texas Juvenile Probation Commission in coordinating activities and services to better integrate Texas Youth Commission, Texas Juvenile Probation Commission, and county juvenile justice functions, including joint strategic planning, the sharing of youth data across youth-serving agencies, assessments and classification of youth, and collection of data on probation outcomes.(c) In its report to the 82nd Legislature, the sunset commission may include any recommendations it considers appropriate. This subsection and Subsection (b) expire September 1, 2011.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, Sec. 12, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 479, Sec. 211, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 12, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.03, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, Sec. 1.04, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 319, Sec. 6, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.003, eff. June 19, 2009.
Sec. 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The commission shall comply with federal and state laws related to program and facility accessibility. The executive commissioner shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 32, eff. June 8, 2007.
Sec. 61.023. ACCREDITATION BY AMERICAN CORRECTIONAL ASSOCIATION. Not later than September 1, 2007, the commission shall adopt a plan for and begin the process of receiving accreditation by the American Correctional Association for each correctional facility operated by or under contract with the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 33, eff. June 8, 2007.
Sec. 61.024. GOVERNANCE OF COMMISSION. (a) Notwithstanding any other provision of this chapter, effective September 1, 2009, the commission is governed by a board that consists of seven members appointed by the governor with the advice and consent of the senate. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.(b) Members of the board must be citizens who are recognized within their communities for their interest in youth. The board shall be composed of at least one physician, an experienced member of a victims advocacy organization, a mental health professional, and a current or former prosecutor or judge. A majority of the members of the board must be qualified, by experience or education, in the development and administration of programs for the rehabilitation and reestablishment in society of children in the custody of agencies similar in mission and scope to the commission. At least two of the members of the board must have primary experience in a field other than the field of criminal or juvenile justice.(c) The board shall meet at least four times each year. A meeting shall be held at the call of the chairman or on the request of five members at a time and place designated by the chairman. Board members are entitled to receive a per diem in the amount provided in the General Appropriations Act for not more than 90 days in any fiscal year, plus reimbursement for actual expenses incurred while on board business.(d) Effective September 1, 2009, the commission shall employ an executive director, selected by the board, to serve at the will of the board. The executive director shall devote full time to the work of the commission. The executive director is entitled to actual expenses while on commission business.(e) Effective September 1, 2009:(1) a reference in law to the executive commissioner is a reference to the board in matters concerning the governance of the commission, policymaking functions of the commission, or rulemaking functions of the commission; and(2) a reference in law to the executive commissioner is a reference to the executive director in matters concerning the administrative functions of the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 33, eff. June 8, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.004, eff. June 19, 2009.
Sec. 61.025. RESTRICTIONS ON BOARD MEMBERSHIP AND EMPLOYMENT. (a) A person may not be a member of the board or employed by the board as the executive director if the person or the person's spouse:(1) is registered, certified, or licensed by a regulatory agency in the field of criminal or juvenile justice;(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission;(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; or(4) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.(b) A person may not be a board member and may not be a commission employee who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.(c) A person may not be a member of the board or act as the general counsel to the board or the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.(d) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.026. REMOVAL OF BOARD MEMBERS. (a) It is a ground for removal from the board that a member:(1) does not have at the time of taking office the qualifications required by Section 61.024(b);(2) does not maintain during service on the board the qualifications required by Section 61.024(b);(3) is ineligible for membership under Section 61.025;(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.027. TRAINING FOR BOARD MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) the legislation that created the commission;(2) the programs, functions, rules, and budget of the commission;(3) the results of the most recent formal audit of the commission;(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and(5) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.028. USE OF TECHNOLOGY. The board shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The board shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.(b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c) The board shall designate a trained person to:(1) coordinate the implementation of the policy adopted under Subsection (a);(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3) collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIESSec. 61.031. CONTINUING STUDY. The commission shall carry on a continuing study of the problem of juvenile delinquency in this state and shall seek to focus public attention on special solutions to this problem.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 13, eff. April 26, 1983.
Sec. 61.0315. TREATMENT PROGRAMS. (a) The commission shall annually review the effectiveness of the commission's programs for the rehabilitation and reestablishment in society of children committed to the commission, including programs for sex offenders, capital offenders, children who are chemically dependent, emotionally disturbed children, and females.(b) On or before December 31 of each year, the commission shall make a report on the effectiveness of the programs to the Legislative Budget Board.(c) The commission shall offer or make available programs described by Subsection (a) in an adequate manner so that a child in the custody of the commission receives appropriate rehabilitation services recommended for the child by the court committing the child to the commission.(d) If the commission is unable to offer or make available programs described by Subsection (a) in the manner provided by Subsection (c), the commission shall, not later than January 10 of each odd-numbered year, provide the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities with a report explaining:(1) which programs are not offered or are unavailable; and(2) the reason the programs are not offered or are unavailable.(e) The commission shall periodically review, document, and compare the accessibility and funding of treatment programs provided to female children committed to the commission to the accessibility and funding of treatment provided to male children committed to the commission.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 56, eff. Jan. 1, 1996.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 34, eff. June 8, 2007.
Sec. 61.032. ADMINISTRATION OF INSTITUTIONS. The commission shall administer the training, diagnostic treatment, and supervisory facilities and services of the state for children committed to the commission and shall manage and direct all institutions and training school facilities under the authority of the commission.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 14, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 13, eff. Sept. 1, 1987.
Sec. 61.033. ANNUAL FINANCIAL REPORT. The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 15, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 14, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, Sec. 8, eff. Sept. 1, 1997.
Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission shall regularly conduct internal audits of the commission, including audits of:(1) correctional facilities operated by and under contract with the commission; and(2) medical services provided to children in the custody of the commission.(b) The commission shall on a quarterly basis report the results of the audits to:(1) the committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities; and(2) the state auditor.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 35, eff. June 8, 2007.
Sec. 61.034. POLICIES AND RULES. (a) The executive commissioner is responsible for the adoption of all policies and shall make rules appropriate to the proper accomplishment of the commission's functions.(b) The executive commissioner shall adopt rules for the government of the schools, facilities, and programs under the commission's authority and shall see that the schools, facilities, and programs are conducted according to law and to the executive commissioner's rules. The purpose of the rules and of all education, work, training, discipline, recreation, and other activities in the schools, facilities, and programs is to restore and increase the self-respect and self-reliance of the youth under the authority of the commission and to qualify them for good citizenship and honorable employment.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 16, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 15, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 36, eff. June 8, 2007.
Sec. 61.0345. MISSION STATEMENT. The commission shall develop and adopt a statement regarding the role and mission of the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 35, eff. June 8, 2007.
Sec. 61.035. EMPLOYEES. (a) Within the limits specified by legislative appropriation, the commission may employ and compensate personnel necessary to carry out its duties.(b) Except as otherwise provided by this chapter, an employee of the commission is employed on an at-will basis.(c) The commission shall establish procedures and practices governing:(1) employment-related grievances submitted by commission employees; and(2) disciplinary actions within the commission, including a procedure allowing a commission employee to elect to participate in an independent dismissal mediation if the employee is recommended for dismissal.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, Sec. 17, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 16, 52(a), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, Sec. 17, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 37, eff. June 8, 2007.
Sec. 61.0351. PROFESSIONAL INFORMATION FOR ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive commissioner shall provide to members of the advisory board and to commission employees, as often as is necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 9, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.
Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the staff of the commission.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 10, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.006, eff. June 19, 2009.
Sec. 61.0353. INTRA-AGENCY CAREER LADDER PROGRAM. The program shall require intra-agency posting of all positions concurrently with any public postings.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 11, eff. Sept. 1, 1997.
Sec. 61.0354. JOB PERFORMANCE EVALUATIONS. The executive commissioner shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on the system established under this section.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 12, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.
Sec. 61.0355. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) The executive commissioner shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement shall include:(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;(2) a comprehensive analysis of the commission's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;(3) procedures by which a determination can be made about the extent of underuse in the commission's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and(4) reasonable methods to appropriately address those areas of underuse.(b) A policy statement prepared under Subsection (a) must cover an annual period, be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office.(c) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 18(a), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 13, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 39, eff. June 8, 2007.
Sec. 61.0356. JUVENILE CORRECTIONAL OFFICERS; STAFFING. (a) In this section, "juvenile correctional officer" means an employee whose primary duty includes the custodial supervision of children in the custody of the commission.(b) The commission shall provide each juvenile correctional officer employed by the commission with at least 300 hours of training, which must include on-the-job training, before the officer independently commences the officer's duties at the facility. The training must provide the officer with information and instruction related to the officer's duties, including information and instruction concerning:(1) the juvenile justice system of this state, including the juvenile correctional facility system;(2) security procedures;(3) the supervision of children committed to the commission;(4) signs of suicide risks and suicide precautions;(5) signs and symptoms of the abuse, assault, neglect, and exploitation of a child, including sexual abuse and sexual assault, and the manner in which to report the abuse, assault, neglect, or exploitation of a child;(6) the neurological, physical, and psychological development of adolescents;(7) commission rules and regulations, including rules, regulations, and tactics concerning the use of force;(8) appropriate restraint techniques;(9) the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601, et seq.);(10) the rights and responsibilities of children in the custody of the commission;(11) interpersonal relationship skills;(12) the social and cultural lifestyles of children in the custody of the commission;(13) first aid and cardiopulmonary resuscitation;(14) counseling techniques;(15) conflict resolution and dispute mediation, including de-escalation techniques;(16) behavior management;(17) mental health issues; and(18) employee rights, employment discrimination, and sexual harassment.(c) The commission may employ part-time juvenile correctional officers. A part-time juvenile correctional officer is subject to the training requirements of this section.(d) In each correctional facility operated by the commission that has a dormitory, including an open-bay dormitory, the commission must maintain a ratio of not less than one juvenile correctional officer performing direct supervisory duties for every 12 persons committed to the facility.(e) The commission shall consider the age of a juvenile correctional officer or other commission employee who performs direct supervisory duties when determining the placement of the officer or employee in a commission facility so that, to the extent practicable, an officer or employee is not supervising a child who is not more than three years younger than the officer or employee or is otherwise a similar age to the officer or employee.(f) The commission shall rotate the assignment of each juvenile correctional officer at an interval determined by the commission so that a juvenile correctional officer is not assigned to the same station for an extended period of time.(g) The commission shall ensure that at least one juvenile correctional officer is assigned to supervise in or near a classroom or other location in which children receive education services or training at the time the children are receiving the education services or training.(h) The commission shall adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 40, eff. June 8, 2007.
Sec. 61.0357. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In this section:(1) "Department" means the Department of Public Safety.(2) "National criminal history record information" means criminal history record information obtained from the department under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code.(b) The executive commissioner shall review the national criminal history record information, state criminal history record information maintained by the department, and previous and current employment references of each person who:(1) is an employee, contractor, volunteer, ombudsman, or advocate working for the commission or working in a commission facility or a facility under contract with the commission;(2) provides direct delivery of services to children in the custody of the commission; or(3) has access to records in commission facilities or offices.(c) To enable the executive commissioner to conduct the review, the commission shall adopt rules requiring a person described by Subsection (b) to electronically provide the department with a complete set of the person's fingerprints in a form and of a quality acceptable to the department and the Federal Bureau of Investigation.(d) For each person described by Subsection (b), the executive commissioner shall review on an annual basis the person's national criminal history record information.(e) The commission shall ensure that the system used to check state criminal history record information maintained by the department is capable of providing real time arrest information.(f) The commission by rule may require a person described by Subsection (b) to pay a fee related to the first national criminal history record information review conducted under this section. The amount of the fee may not exceed the administrative costs incurred by the commission in conducting the initial review, including the costs of obtaining the person's fingerprints.(g) The commission shall adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 40, eff. June 8, 2007.
Sec. 61.036. COOPERATION WITH OTHER AGENCIES. (a) The commission shall cooperate with all existing agencies and encourage the establishment of new programs, both local and statewide, the object of which is services to delinquent and predelinquent youth of this state.(b) The commission may assist in developing, strengthening, and coordinating educational, welfare, health, recreational, and law-enforcement programs which have as their object the prevention of juvenile delinquency and crime.(c) Repealed by Acts 1995, 74th Leg., ch. 876, Sec. 24.03, eff. Sept. 1, 1995.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, Sec. 18, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 19, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 258, Sec. 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 876, Sec. 24.03, eff. Sept. 1, 1995.
Sec. 61.037. USE OF EXISTING INSTITUTIONS AND AGENCIES. (a) In carrying out its duties, the commission may make use of law-enforcement, detention, supervisory, medical, educational, correctional, and other facilities, institutions, and agencies in the state. This section does not authorize the commission to assume control of any other agency, institution, or facility in the state, or to require any agency, institution, or facility to serve the commission in a manner inconsistent with its authority or function or with any law or regulation governing its activity.(b) When funds are available for the purpose, the commission may enter into agreements with appropriate public or private agencies for the separate care and treatment of persons subject to the control of the commission. The commission may not make use of any private institution or agency without its consent. The commission shall make reasonable efforts to ensure that the expenditure of appropriations for the purchase of contract residential care for children, not including the purchase of care in foster family homes, be allocated to providers on a fixed monthly basis if it is cost-effective and the number, type, needs, and conditions of the children to be served is reasonably constant.(c) The commission shall periodically inspect all public and private institutions and agencies whose facilities it is using. Every public and private institution and agency shall afford to the commission reasonable opportunity to examine and consult with children who have been committed to the commission and who are in the custody of the institution or agency.(d) Placement of a child in, or the release of a child by, any institution not operated by the commission does not terminate the authority of the commission over the child. No child placed in an institution or under an agency by the commission may be released by the institution or agency without the approval of the commission.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 169, ch. 44, art. 2, Sec. 19, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 20, eff. Sept. 1, 1987.
Sec. 61.038. HALFWAY HOUSE PROGRAM. (a) The commission may not develop a halfway house to be operated by the commission if an appropriate private halfway house program is contractually available and the costs under the contract are less than the costs would be if the commission provided the services.(b) Before the commission contracts for the development of a halfway house program, the commission shall send prospective service providers a request for a proposal that identifies the program services desired, the population to be served, and potential locations for the program. The commission shall select the service provider that submits the proposal that best meets the commission's needs according to standards established by the commission. If the commission does not receive a proposal that meets its needs, the commission may request funds from the legislature for the development of a halfway house to be operated by the commission.(c) This section does not apply to halfway houses operated by the commission on September 1, 1987.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 21, eff. Sept. 1, 1987.
Sec. 61.0385. CRISIS INTERVENTION AND ASSESSMENT CENTERS. The commission may establish a children's crisis intervention and assessment center at a facility owned or operated by the commission. The commission may contract with another entity for the provision or use of services at the center.
Added by Acts 1993, 73rd Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1993.
Sec. 61.0386. ADVOCACY AND SUPPORT GROUPS. (a) The commission shall allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, the mentally ill, and victims of sexual assault to provide on-site information, support, and other services for children confined in commission facilities.(b) The commission shall adopt security and privacy procedures for advocacy and support groups that provide on-site information, support, and other services under this section. The security and privacy procedures may not be designed to deny an advocacy or support group access to children confined in commission facilities.(c) The commission shall adopt standards consistent with standards adopted by the Texas Department of Criminal Justice regarding the confidential correspondence of children confined in commission facilities with external entities, including advocacy and support groups.
Added by Acts 2007, 80th Leg., R.S., Ch. 1265, Sec. 1, eff. June 15, 2007.
Sec. 61.039. COMMISSION PROGRAMS. (a) The commission shall develop and use standards based on performance to evaluate and compare programs operated by the commission.(b) When practicable and feasible, the commission shall provide specific performance standards for a program serving 10 or more children through an agreement entered into under Section 61.037 of this chapter. In the performance standards, the commission shall include outcome measures for evaluating the quality of services provided under the agreement.(c) For the purposes of comparison, the commission shall use performance standards that are as consistent as practicable with those used to evaluate and compare programs operated by the commission, that measure the benefits and cost-effectiveness of the respective programs, and that measure the average length of stay and rate of recidivism of the children in the program.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, Sec. 20, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 22, eff. Sept. 1, 1987.
Sec. 61.0395. SERVICES FOR CHILDREN NOT COMMITTED TO THE COMMISSION. The commission may provide services to a child not committed to the commission if the commission contracts with a local juvenile probation department, the Texas Department of Human Services, or the Department of Protective and Regulatory Services to provide services to the child.
Added by Acts 1993, 73rd Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1993.
Sec. 61.040. ADDITIONAL FACILITIES; PAROLE SUPERVISION. When funds are available, the commission may:(1) establish and operate places for detention and diagnosis of children committed to it;(2) establish and operate additional treatment and training facilities, including forestry or parks-maintenance camps and ranches, necessary to classify and treat children committed to the commission according to their needs;(3) establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and(4) assist in establishing training facilities and programs owned and operated by private individuals or organizations which agree to provide services to children committed to the commission, including programs for children needing long-term residential care.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, Sec. 21, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 430, Sec. 1, eff. June 11, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 23, eff. Sept. 1, 1987.
Sec. 61.0401. COMPUTATION OF DAILY COSTS OF FACILITY. In computing the daily costs of a residential facility operated by the commission, the commission shall use a standard method that is consistent with methods used by other state agencies and that is designed to reflect the actual cost to the state of operating the facility.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 24, eff. Sept. 1, 1987.
Sec. 61.041. STUDY OF TREATMENT METHODS; STATISTICAL RECORDS. (a) The commission shall conduct continuing inquiry into the effectiveness of the treatment methods it employs in the reformation of children. To this end, the commission shall maintain a record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction of the commission and shall tabulate, analyze, and publish biennially these data for use in evaluating the relative merits of treatment methods.(b) The commission shall cooperate with courts and private and public agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the dispositions made of them, and other information useful in determining the amount and causes of juvenile delinquency in this state.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. II, Sec. 22, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 25, eff. Sept. 1, 1987.
Sec. 61.042. REFERRALS FROM FEDERAL COURT. The commission may enter into agreements with the federal government to accept children from the federal court for an agreed compensation.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 23, eff. April 26, 1983.
Sec. 61.0421. PUBLIC INTEREST INFORMATION. The commission shall prepare information of public interest describing the functions of the commission and describing the procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available to the general public and appropriate state agencies.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987.
Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The commission shall maintain a system to promptly and efficiently act on a complaint filed with the commission by a person, other than a child receiving services from the commission or the child's parent or guardian, that the commission has authority to resolve. The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.(b) The commission shall make information available describing the commission's procedures for complaint investigation and resolution.(c) The commission shall periodically notify the complaint parties of the status of the complaint until final disposition, unless the notice would jeopardize an undercover investigation.(d) The commission shall keep information about each written complaint filed with the commission by a child receiving services from the commission or the child's parent or guardian. The information must include:(1) the subject matter of the complaint;(2) a summary of the results of the review or investigation of the complaint; and(3) the period of time between the date the complaint is received and the date the complaint is closed.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 14, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.007, eff. June 19, 2009.
Sec. 61.0423. PUBLIC HEARINGS. (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the commission.(b) The board shall ensure that the location of public hearings held in accordance with this section is rotated between municipalities in which a commission facility is located or that are in proximity to a commission facility.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 15, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 41, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.008, eff. June 19, 2009.
Sec. 61.043. GIFTS; GRANTS. The commission may accept gifts, grants, or donations of money or property from private sources to effectuate the purpose of this chapter. Donated funds shall be placed in the state treasury in a special fund called the Texas Youth Commission Fund and expended as other state money is expended, on warrants drawn by the comptroller on the order of the commission. At the end of each state fiscal year, any unexpended balance in the fund shall be carried over in the same fund.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 24, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987.
Sec. 61.0431. SPECIAL ACCOUNTS. (a) Proceeds from the operation of canteens and vending machines at facilities under the jurisdiction of the commission shall be deposited to the credit of a special account in the General Revenue Fund called the canteen revolving fund. The proceeds shall be used to pay the actual expenses of maintaining and operating the canteens and vending machines. Proceeds in excess of the amount required for those expenses, donations for student activities and proceeds from children's fundraising projects shall be deposited to the credit of a special account in the General Revenue Fund called the student benefit fund and may be used only to:(1) provide education, recreation, and entertainment to children committed to the commission; or(2) reimburse children committed to the commission for personal property lost or damaged as a result of negligence by the staff of the commission.(b) Proceeds from shop projects at the facilities under the commission's jurisdiction shall be deposited to the credit of a special account in the General Revenue Fund called the vocational shop fund and may be used only to purchase and maintain parts, tools, and other supplies necessary for the shop projects and to compensate the students who participate in the projects.(c) Registration fees from seminars and conferences conducted by the commission shall be deposited to the credit of a special account in the General Revenue Fund called the conference account and may be used only to pay the costs of conducting seminars and conferences.(d) Money in the special accounts is appropriated for the purposes indicated in this section and shall be expended on warrants drawn by the comptroller on the order of the commission.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 302, Sec. 1, eff. Aug. 30, 1993.
Sec. 61.0432. STUDENT TRUST FUND; CONTRABAND MONEY. (a) Except as provided by Subsection (b), money belonging to a child committed to the commission in excess of the amount the commission allows in a child's possession shall be deposited in a trust fund established by the facility operated by the commission to which the child is assigned. The commission shall adopt rules governing the administration of the trust fund.(b) Money possessed by a child committed to the commission that is determined to be contraband money as defined by commission rule shall be deposited in the student benefit fund described by Section 61.0431. The commission shall notify each child committed to the commission that the possession of contraband money is subject to confiscation by the commission under this subsection.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987.Amended by: Acts 2005, 79th Leg., Ch. 949, Sec. 39, eff. September 1, 2005.
Sec. 61.0433. DEBIT CARD SUSPENSE ACCOUNTS. (a) The commission may establish debit card suspense accounts necessary to operate magnetic debit card systems at facilities under the jurisdiction of the commission to enable the students, employees, and visitors to make purchases of:(1) merchandise from vending machines or canteens within the facilities;(2) meals from cafeterias within the facilities; and(3) services that the facilities are authorized to provide.(b) Cash received from cash-to-card machines and amounts electronically transferred for card use from the students' trust fund accounts shall be deposited to debit card suspense accounts in local depositories and held pending card purchases.(c) Transfers of cash based on card use for purchases of merchandise or services shall be made from the debit card suspense accounts to the appropriate vendors and to accounts in the state treasury in accordance with laws governing receipt of state revenues.(d) Unused debit card balances shall be refunded to the card holders from the debit card suspense accounts.
Added by Acts 1991, 72nd Leg., ch. 69, Sec. 1, eff. Sept. 1, 1991.
Sec. 61.044. BIENNIAL BUDGET. The executive commissioner shall prepare a biennial budget of all funds necessary to be appropriated by the legislature to the commission to carry out the purposes of this chapter. The budget shall be submitted and filed by the executive commissioner in the form and manner and within the time prescribed by law.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 25, eff. April 26, 1983.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 44, eff. June 8, 2007.
Sec. 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a) The commission shall have general charge of and be responsible for the welfare, custody, and rehabilitation of the children in a school, facility, or program operated or funded by the commission. The commission shall seek to establish relationships and to organize a way of life that will meet the spiritual, moral, physical, emotional, intellectual, and social needs of the children under its care as those needs would be met in an adequate home.(b) The commission shall see that the buildings and premises are kept in good sanitary order.
Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, Sec. 26, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 28, eff. Sept. 1, 1987.
Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office of inspector general is established at the commission for the purpose of investigating:(1) crimes committed by commission employees, including parole officers employed by or under a contract with the commission; and(2) crimes and delinquent conduct committed at a facility operated by the commission, a residential facility operated by another entity under a contract with the commission, or any facility in which a child committed to the custody of the commission is housed or receives medical or mental health treatment.(b) The office of inspector general shall prepare and deliver a report concerning the results of any investigation conducted under this section to:(1) the executive commissioner;(2) the advisory board;(3) the governor;(4) the lieutenant governor;(5) the speaker of the house of representatives;(6) the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities;(7) the special prosecution unit;(8) the state auditor; and(9) any other appropriate state agency responsible for licensing or certifying commission employees or facilities.(c) The report prepared under Subsection (b) must include a summary of the actions performed by the office of inspector general in conducting the investigation, a statement of whether the investigation resulted in a finding that a criminal offense or delinquent conduct occurred, and a description of the finding. The report is public information under Chapter 552, Government Code, only to the extent authorized under that chapter and other law.(d) The office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure.(e) Peace officers employed and commissioned under Subsection (d) must:(1) be certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code; and(2) complete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (d) as part of any continuing education requirements for the peace officers.(f) The executive commissioner shall select a commissioned peace officer as chief inspector general. The chief inspector general is subject to the requirements of this section and may only be discharged for cause.(g) The chief inspector general shall on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to:(1) the executive commissioner;(2) the advisory board;(3) the governor;(4) the lieutenant governor;(5) the speaker of the house of representatives;(6) the standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities;(7) the state auditor; and(8) the comptroller.(h) A report prepared under Subsection (g) is public information under Chapter 552, Government Code, to the extent authorized under that chapter and other law, and the commission shall publish the report on the commission's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to:(1) the types of investigations conducted by the office of inspector general, such as whether an investigation concerned narcotics or an alleged incident of sexual abuse;(2) the relationship of a victim to a perpetrator, if applicable; and(3) the number of investigations conducted concerning suicides, deaths, and hospitalizations of children in the custody of the commission.(i) The office of inspector general shall immediately report to the executive director, the board, the governor's general counsel, and the state auditor:(1) any particularly serious or flagrant problem concerning the administration of a commission program or operation; or(2) any interference by the executive director, an employee of the commission, a facility described by Subsection (a)(2), or an officer or employee of a facility described by Subsection (a)(2) with an investigation conducted by the office.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 838, Sec. 2, eff. June 15, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.009, eff. June 19, 2009.
Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall establish a permanent, toll-free number for the purpose of receiving any information concerning the abuse, neglect, or exploitation of children in the custody of the commission.(b) The office of inspector general shall ensure that:(1) the toll-free number is prominently displayed in each commission facility; and(2) children in the custody of the commission and commission employees have confidential access to telephones for the purpose of calling the toll-free number.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.
Sec. 61.0455. DETECTION AND MONITORING OF CELLULAR TELEPHONES. (a) The commission may own and the office of the inspector general may possess, install, operate, or monitor an electronic, mechanical, or other device, as defined by Article 18.20, Code of Criminal Procedure.(b) The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor electronic, mechanical, or other devices for the commission.(c) An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person:(1) is designated by the executive commissioner for that purpose; and(2) acts in the presence and under the direction of a commissioned officer of the inspector general.
Added by Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 8, eff. September 1, 2009.
Sec. 61.046. RELIGIOUS TRAINING. The commission shall provide for the religious and spiritual training of children in its custody according to the children's individual choices.
Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, Sec. 27, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 29, eff. Sept. 1, 1987.
Sec. 61.0461. EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT CERTAIN COMMISSION FACILITIES. The commission shall ensure that a chaplain is employed or formally designated for each commission correctional facility that is an institution.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.
Sec. 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION EDUCATION. The commission shall provide education in violence prevention and conflict resolution that includes discussion of domestic violence and child abuse issues to all children in its custody.
Added by Acts 1995, 74th Leg., ch. 563, Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 664, Sec. 2, eff. Jan. 1, 1996.
Sec. 61.048. BUILDINGS AND IMPROVEMENTS. (a) The commission may design, construct, equip, furnish, and maintain buildings and improvements at facilities under its jurisdiction. The commission may employ architects or engineers, or both, to prepare plans and specifications and to supervise the construction and improvements. The commission shall promulgate rules relating to the award of contracts for the construction of buildings and improvements. The rules shall provide for the award of contracts for the construction of buildings and improvements to the qualified bidder making the lowest and best bid. A construction contract may not be awarded for a sum in excess of the amount of funds available for the project. The commission may reject any and all bids submitted.(b) If a project is financed in whole or in part by federal funds, any standards required by the enabling federal statute or required by the rules of the administering federal agency control over this section.(c) The commission may employ professional, technical, and clerical personnel to carry out the design and construction functions required by this section.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 30, eff. Sept. 1, 1987.
Sec. 61.050. FIRE PROTECTION ACTIVITIES. (a) The commission may perform fire protection, fire prevention, and fire suppression activities at commission facilities.(b) The commission may prescribe circumstances under which, for the benefit of the public safety and welfare, commission employees using commission equipment may assist municipal or volunteer fire departments in the performance of fire protection, fire prevention, or fire suppression activities near commission facilities.
Added by Acts 1995, 74th Leg., ch. 210, Sec. 1, eff. May 23, 1995.
Sec. 61.051. CLIENT SERVICE CONTRACT STANDARDS. In each contract for the purchase of residential program-related client services, the commission shall include:(1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives;(2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and(3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.052. CONTRACT MONITORING. The commission shall establish a formal program to monitor residential program-related client services contracts made by the commission. The commission must:(1) monitor compliance with financial and performance requirements using a risk assessment methodology; and(2) obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.053. MEDICAID BENEFITS. The commission shall apply for benefits under the federal Medicaid program if application is cost effective in reducing health care costs incurred by the commission.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.054. SALE OR LICENSE OF TREATMENT PROGRAMS. (a) The commission may sell or license to an individual or a private or public entity the right to use a treatment program developed by the commission.(b) Proceeds from the sale or license of a treatment program shall be deposited to the credit of the fund that provided the money to finance the development of the treatment program.(c) At the end of each fiscal year, any unexpended proceeds from the sale or license of a treatment program shall be carried over to the next fiscal year to the credit of the fund that provided the money to finance the development of the treatment program.
Added by Acts 1997, 75th Leg., ch. 1093, Sec. 1, eff. June 19, 1997. Renumbered from Sec. 61.051 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(80), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 624, Sec. 1, eff. June 20, 2003.
Sec. 61.055. ZERO-TOLERANCE POLICY. (a) The commission shall adopt a zero-tolerance policy concerning the detection, prevention, and punishment of the sexual abuse, including consensual sexual contact, of children in the custody of the commission.(b) The commission shall establish standards for reporting and collecting data on the sexual abuse of children in the custody of the commission.(c) The commission shall establish a procedure for children in the custody of the commission and commission employees to report incidents of sexual abuse involving a child in the custody of the commission. The procedure must designate a person employed at the commission facility in which the abuse is alleged to have occurred as well as a person who is employed at the commission's headquarters to whom a person may report an incident of sexual abuse.(d) The commission shall prominently display the following notice in the office of the chief administrator of each commission facility, the employees' break room of each commission facility, the cafeteria of each commission facility, and at least six additional locations in each commission facility:THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF A CHILD IN THE CUSTODY OF THE COMMISSION. ANY SUCH VIOLATION MUST BE REPORTED TO __________.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 45, eff. June 8, 2007.
SUBCHAPTER D. ADMISSION AND COMMITMENTSec. 61.061. PLACEMENT IN COMMISSION FACILITIES. (a) The commission may not assign a child younger than 15 years of age to the same correctional facility dormitory as a person who is at least 17 years of age unless the commission determines that the placement is necessary to ensure the safety of children in the custody of the commission. This subsection does not apply to a dormitory that is used exclusively for short-term assessment and orientation purposes.(b) The commission by rule shall adopt scheduling, housing, and placement procedures for the purpose of protecting vulnerable children in the custody of the commission. The procedures must address the age, physical condition, and treatment needs of a child as well as any other relevant factor.(c) The commission shall consider the proximity of the residence of a child's family in determining the appropriate commission facility in which to place a child.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 43, eff. June 8, 2007.
Sec. 61.062. ESTABLISHMENT OF MINIMUM LENGTH OF STAY. (a) The commission shall establish a minimum length of stay for each child committed to the commission without a determinate sentence.(b) In establishing a m
HUMAN RESOURCES CODETITLE 3. FACILITIES AND SERVICES FOR CHILDRENSUBTITLE A. FACILITIES FOR CHILDRENCHAPTER 61. TEXAS YOUTH COMMISSIONSUBCHAPTER A. GENERAL PROVISIONSSec. 61.001. DEFINITIONS. In this chapter:(1) "Commission" means the Texas Youth Commission.(2) "Advisory board" means the advisory board of the commission.(3) "Board" means the board of the commission appointed under Section 61.024.(4) "Executive commissioner" means the executive commissioner of the commission.(5) "Court" means a juvenile court.(6) "Child" means a person 10 years old or older and under 21 years old who is committed to the commission under Title 3, Family Code.(7) "Office of inspector general" means the office of inspector general established under Section 61.0451.
Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 163, ch. 44, art. 2, Sec. 1, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 27, eff. June 8, 2007.Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.002, eff. June 19, 2009.
Sec. 61.002. PURPOSE. The purpose of this chapter is to provide for administration of the state's correctional facilities for children, to provide a program of constructive training aimed at rehabilitation and reestablishment in society of children adjudged delinquent by the courts of this state and committed to the Texas Youth Commission, and to provide active parole supervision for children until officially discharged from custody of the Texas Youth Commission.
Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, Sec. 2, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 2, eff. Sept. 1, 1987.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONSSec. 61.011. TEXAS YOUTH COMMISSION. The Texas Youth Commission is an agency of the state.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, Sec. 3, eff. April 26, 1983.
Sec. 61.016. OFFICE. The commission shall have its office wherever it chooses, in a building designated and approved by the State Purchasing and General Services Commission.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, Sec. 8, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 8, eff. Sept. 1, 1987.
Sec. 61.0191. AUDIT; AUTHORITY OF STATE AUDITOR. (a) The commission is subject to audit by the state auditor in accordance with Chapter 321, Government Code.(b) The state auditor, on request of the office of inspector general, may provide information or other assistance to the office of inspector general that the state auditor determines is appropriate. The office of inspector general may coordinate with the state auditor to review or schedule a plan for an investigation under Section 61.0451 or share other information.(c) The state auditor may access all information maintained by the office of inspector general, such as vouchers, electronic data, and internal records, including information that is otherwise confidential under law. Information obtained by the state auditor under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.(d) Any provision of this chapter relating to the operations of the office of inspector general does not:(1) supersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or(2) prohibit the state auditor from:(A) conducting an audit, investigation, or other review; or(B) having full and complete access to all records and other information concerning the commission, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 11, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 79, eff. Sept. 1, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 31, eff. June 8, 2007.
For expiration of Subsections (b) and (c), see Subsection (c).Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2011.(b) In the review of the Texas Youth Commission by the Sunset Advisory Commission, as required by this section, the sunset commission shall focus its review on:(1) the commission's compliance with Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular Session, 2007;(2) requirements placed on the agency by legislation enacted by the 81st Legislature, Regular Session, 2009, that becomes law, including implementation of programs for the diversion of youth from the commission; and(3) initiatives of the commission and the Texas Juvenile Probation Commission in coordinating activities and services to better integrate Texas Youth Commission, Texas Juvenile Probation Commission, and county juvenile justice functions, including joint strategic planning, the sharing of youth data across youth-serving agencies, assessments and classification of youth, and collection of data on probation outcomes.(c) In its report to the 82nd Legislature, the sunset commission may include any recommendations it considers appropriate. This subsection and Subsection (b) expire September 1, 2011.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, Sec. 12, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 479, Sec. 211, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 12, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.03, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, Sec. 1.04, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 319, Sec. 6, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.003, eff. June 19, 2009.
Sec. 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The commission shall comply with federal and state laws related to program and facility accessibility. The executive commissioner shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 32, eff. June 8, 2007.
Sec. 61.023. ACCREDITATION BY AMERICAN CORRECTIONAL ASSOCIATION. Not later than September 1, 2007, the commission shall adopt a plan for and begin the process of receiving accreditation by the American Correctional Association for each correctional facility operated by or under contract with the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 33, eff. June 8, 2007.
Sec. 61.024. GOVERNANCE OF COMMISSION. (a) Notwithstanding any other provision of this chapter, effective September 1, 2009, the commission is governed by a board that consists of seven members appointed by the governor with the advice and consent of the senate. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.(b) Members of the board must be citizens who are recognized within their communities for their interest in youth. The board shall be composed of at least one physician, an experienced member of a victims advocacy organization, a mental health professional, and a current or former prosecutor or judge. A majority of the members of the board must be qualified, by experience or education, in the development and administration of programs for the rehabilitation and reestablishment in society of children in the custody of agencies similar in mission and scope to the commission. At least two of the members of the board must have primary experience in a field other than the field of criminal or juvenile justice.(c) The board shall meet at least four times each year. A meeting shall be held at the call of the chairman or on the request of five members at a time and place designated by the chairman. Board members are entitled to receive a per diem in the amount provided in the General Appropriations Act for not more than 90 days in any fiscal year, plus reimbursement for actual expenses incurred while on board business.(d) Effective September 1, 2009, the commission shall employ an executive director, selected by the board, to serve at the will of the board. The executive director shall devote full time to the work of the commission. The executive director is entitled to actual expenses while on commission business.(e) Effective September 1, 2009:(1) a reference in law to the executive commissioner is a reference to the board in matters concerning the governance of the commission, policymaking functions of the commission, or rulemaking functions of the commission; and(2) a reference in law to the executive commissioner is a reference to the executive director in matters concerning the administrative functions of the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 33, eff. June 8, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.004, eff. June 19, 2009.
Sec. 61.025. RESTRICTIONS ON BOARD MEMBERSHIP AND EMPLOYMENT. (a) A person may not be a member of the board or employed by the board as the executive director if the person or the person's spouse:(1) is registered, certified, or licensed by a regulatory agency in the field of criminal or juvenile justice;(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission;(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; or(4) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.(b) A person may not be a board member and may not be a commission employee who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.(c) A person may not be a member of the board or act as the general counsel to the board or the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.(d) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.026. REMOVAL OF BOARD MEMBERS. (a) It is a ground for removal from the board that a member:(1) does not have at the time of taking office the qualifications required by Section 61.024(b);(2) does not maintain during service on the board the qualifications required by Section 61.024(b);(3) is ineligible for membership under Section 61.025;(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.027. TRAINING FOR BOARD MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) the legislation that created the commission;(2) the programs, functions, rules, and budget of the commission;(3) the results of the most recent formal audit of the commission;(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and(5) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.028. USE OF TECHNOLOGY. The board shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
Sec. 61.029. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The board shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.(b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c) The board shall designate a trained person to:(1) coordinate the implementation of the policy adopted under Subsection (a);(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3) collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.005, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIESSec. 61.031. CONTINUING STUDY. The commission shall carry on a continuing study of the problem of juvenile delinquency in this state and shall seek to focus public attention on special solutions to this problem.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 13, eff. April 26, 1983.
Sec. 61.0315. TREATMENT PROGRAMS. (a) The commission shall annually review the effectiveness of the commission's programs for the rehabilitation and reestablishment in society of children committed to the commission, including programs for sex offenders, capital offenders, children who are chemically dependent, emotionally disturbed children, and females.(b) On or before December 31 of each year, the commission shall make a report on the effectiveness of the programs to the Legislative Budget Board.(c) The commission shall offer or make available programs described by Subsection (a) in an adequate manner so that a child in the custody of the commission receives appropriate rehabilitation services recommended for the child by the court committing the child to the commission.(d) If the commission is unable to offer or make available programs described by Subsection (a) in the manner provided by Subsection (c), the commission shall, not later than January 10 of each odd-numbered year, provide the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities with a report explaining:(1) which programs are not offered or are unavailable; and(2) the reason the programs are not offered or are unavailable.(e) The commission shall periodically review, document, and compare the accessibility and funding of treatment programs provided to female children committed to the commission to the accessibility and funding of treatment provided to male children committed to the commission.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 56, eff. Jan. 1, 1996.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 34, eff. June 8, 2007.
Sec. 61.032. ADMINISTRATION OF INSTITUTIONS. The commission shall administer the training, diagnostic treatment, and supervisory facilities and services of the state for children committed to the commission and shall manage and direct all institutions and training school facilities under the authority of the commission.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 14, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 13, eff. Sept. 1, 1987.
Sec. 61.033. ANNUAL FINANCIAL REPORT. The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 15, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 14, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, Sec. 8, eff. Sept. 1, 1997.
Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission shall regularly conduct internal audits of the commission, including audits of:(1) correctional facilities operated by and under contract with the commission; and(2) medical services provided to children in the custody of the commission.(b) The commission shall on a quarterly basis report the results of the audits to:(1) the committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities; and(2) the state auditor.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 35, eff. June 8, 2007.
Sec. 61.034. POLICIES AND RULES. (a) The executive commissioner is responsible for the adoption of all policies and shall make rules appropriate to the proper accomplishment of the commission's functions.(b) The executive commissioner shall adopt rules for the government of the schools, facilities, and programs under the commission's authority and shall see that the schools, facilities, and programs are conducted according to law and to the executive commissioner's rules. The purpose of the rules and of all education, work, training, discipline, recreation, and other activities in the schools, facilities, and programs is to restore and increase the self-respect and self-reliance of the youth under the authority of the commission and to qualify them for good citizenship and honorable employment.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, Sec. 16, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 15, eff. Sept. 1, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 36, eff. June 8, 2007.
Sec. 61.0345. MISSION STATEMENT. The commission shall develop and adopt a statement regarding the role and mission of the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 35, eff. June 8, 2007.
Sec. 61.035. EMPLOYEES. (a) Within the limits specified by legislative appropriation, the commission may employ and compensate personnel necessary to carry out its duties.(b) Except as otherwise provided by this chapter, an employee of the commission is employed on an at-will basis.(c) The commission shall establish procedures and practices governing:(1) employment-related grievances submitted by commission employees; and(2) disciplinary actions within the commission, including a procedure allowing a commission employee to elect to participate in an independent dismissal mediation if the employee is recommended for dismissal.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, Sec. 17, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 16, 52(a), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, Sec. 17, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 37, eff. June 8, 2007.
Sec. 61.0351. PROFESSIONAL INFORMATION FOR ADVISORY BOARD MEMBERS AND EMPLOYEES. The executive commissioner shall provide to members of the advisory board and to commission employees, as often as is necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 9, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.
Sec. 61.0352. DIVISION OF RESPONSIBILITY. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the staff of the commission.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 10, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.006, eff. June 19, 2009.
Sec. 61.0353. INTRA-AGENCY CAREER LADDER PROGRAM. The program shall require intra-agency posting of all positions concurrently with any public postings.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 11, eff. Sept. 1, 1997.
Sec. 61.0354. JOB PERFORMANCE EVALUATIONS. The executive commissioner shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on the system established under this section.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 12, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 38, eff. June 8, 2007.
Sec. 61.0355. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) The executive commissioner shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement shall include:(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;(2) a comprehensive analysis of the commission's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;(3) procedures by which a determination can be made about the extent of underuse in the commission's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and(4) reasonable methods to appropriately address those areas of underuse.(b) A policy statement prepared under Subsection (a) must cover an annual period, be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office.(c) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 18(a), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 13, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 39, eff. June 8, 2007.
Sec. 61.0356. JUVENILE CORRECTIONAL OFFICERS; STAFFING. (a) In this section, "juvenile correctional officer" means an employee whose primary duty includes the custodial supervision of children in the custody of the commission.(b) The commission shall provide each juvenile correctional officer employed by the commission with at least 300 hours of training, which must include on-the-job training, before the officer independently commences the officer's duties at the facility. The training must provide the officer with information and instruction related to the officer's duties, including information and instruction concerning:(1) the juvenile justice system of this state, including the juvenile correctional facility system;(2) security procedures;(3) the supervision of children committed to the commission;(4) signs of suicide risks and suicide precautions;(5) signs and symptoms of the abuse, assault, neglect, and exploitation of a child, including sexual abuse and sexual assault, and the manner in which to report the abuse, assault, neglect, or exploitation of a child;(6) the neurological, physical, and psychological development of adolescents;(7) commission rules and regulations, including rules, regulations, and tactics concerning the use of force;(8) appropriate restraint techniques;(9) the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601, et seq.);(10) the rights and responsibilities of children in the custody of the commission;(11) interpersonal relationship skills;(12) the social and cultural lifestyles of children in the custody of the commission;(13) first aid and cardiopulmonary resuscitation;(14) counseling techniques;(15) conflict resolution and dispute mediation, including de-escalation techniques;(16) behavior management;(17) mental health issues; and(18) employee rights, employment discrimination, and sexual harassment.(c) The commission may employ part-time juvenile correctional officers. A part-time juvenile correctional officer is subject to the training requirements of this section.(d) In each correctional facility operated by the commission that has a dormitory, including an open-bay dormitory, the commission must maintain a ratio of not less than one juvenile correctional officer performing direct supervisory duties for every 12 persons committed to the facility.(e) The commission shall consider the age of a juvenile correctional officer or other commission employee who performs direct supervisory duties when determining the placement of the officer or employee in a commission facility so that, to the extent practicable, an officer or employee is not supervising a child who is not more than three years younger than the officer or employee or is otherwise a similar age to the officer or employee.(f) The commission shall rotate the assignment of each juvenile correctional officer at an interval determined by the commission so that a juvenile correctional officer is not assigned to the same station for an extended period of time.(g) The commission shall ensure that at least one juvenile correctional officer is assigned to supervise in or near a classroom or other location in which children receive education services or training at the time the children are receiving the education services or training.(h) The commission shall adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 40, eff. June 8, 2007.
Sec. 61.0357. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In this section:(1) "Department" means the Department of Public Safety.(2) "National criminal history record information" means criminal history record information obtained from the department under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code.(b) The executive commissioner shall review the national criminal history record information, state criminal history record information maintained by the department, and previous and current employment references of each person who:(1) is an employee, contractor, volunteer, ombudsman, or advocate working for the commission or working in a commission facility or a facility under contract with the commission;(2) provides direct delivery of services to children in the custody of the commission; or(3) has access to records in commission facilities or offices.(c) To enable the executive commissioner to conduct the review, the commission shall adopt rules requiring a person described by Subsection (b) to electronically provide the department with a complete set of the person's fingerprints in a form and of a quality acceptable to the department and the Federal Bureau of Investigation.(d) For each person described by Subsection (b), the executive commissioner shall review on an annual basis the person's national criminal history record information.(e) The commission shall ensure that the system used to check state criminal history record information maintained by the department is capable of providing real time arrest information.(f) The commission by rule may require a person described by Subsection (b) to pay a fee related to the first national criminal history record information review conducted under this section. The amount of the fee may not exceed the administrative costs incurred by the commission in conducting the initial review, including the costs of obtaining the person's fingerprints.(g) The commission shall adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 40, eff. June 8, 2007.
Sec. 61.036. COOPERATION WITH OTHER AGENCIES. (a) The commission shall cooperate with all existing agencies and encourage the establishment of new programs, both local and statewide, the object of which is services to delinquent and predelinquent youth of this state.(b) The commission may assist in developing, strengthening, and coordinating educational, welfare, health, recreational, and law-enforcement programs which have as their object the prevention of juvenile delinquency and crime.(c) Repealed by Acts 1995, 74th Leg., ch. 876, Sec. 24.03, eff. Sept. 1, 1995.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, Sec. 18, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 19, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 258, Sec. 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 876, Sec. 24.03, eff. Sept. 1, 1995.
Sec. 61.037. USE OF EXISTING INSTITUTIONS AND AGENCIES. (a) In carrying out its duties, the commission may make use of law-enforcement, detention, supervisory, medical, educational, correctional, and other facilities, institutions, and agencies in the state. This section does not authorize the commission to assume control of any other agency, institution, or facility in the state, or to require any agency, institution, or facility to serve the commission in a manner inconsistent with its authority or function or with any law or regulation governing its activity.(b) When funds are available for the purpose, the commission may enter into agreements with appropriate public or private agencies for the separate care and treatment of persons subject to the control of the commission. The commission may not make use of any private institution or agency without its consent. The commission shall make reasonable efforts to ensure that the expenditure of appropriations for the purchase of contract residential care for children, not including the purchase of care in foster family homes, be allocated to providers on a fixed monthly basis if it is cost-effective and the number, type, needs, and conditions of the children to be served is reasonably constant.(c) The commission shall periodically inspect all public and private institutions and agencies whose facilities it is using. Every public and private institution and agency shall afford to the commission reasonable opportunity to examine and consult with children who have been committed to the commission and who are in the custody of the institution or agency.(d) Placement of a child in, or the release of a child by, any institution not operated by the commission does not terminate the authority of the commission over the child. No child placed in an institution or under an agency by the commission may be released by the institution or agency without the approval of the commission.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 169, ch. 44, art. 2, Sec. 19, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 20, eff. Sept. 1, 1987.
Sec. 61.038. HALFWAY HOUSE PROGRAM. (a) The commission may not develop a halfway house to be operated by the commission if an appropriate private halfway house program is contractually available and the costs under the contract are less than the costs would be if the commission provided the services.(b) Before the commission contracts for the development of a halfway house program, the commission shall send prospective service providers a request for a proposal that identifies the program services desired, the population to be served, and potential locations for the program. The commission shall select the service provider that submits the proposal that best meets the commission's needs according to standards established by the commission. If the commission does not receive a proposal that meets its needs, the commission may request funds from the legislature for the development of a halfway house to be operated by the commission.(c) This section does not apply to halfway houses operated by the commission on September 1, 1987.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 21, eff. Sept. 1, 1987.
Sec. 61.0385. CRISIS INTERVENTION AND ASSESSMENT CENTERS. The commission may establish a children's crisis intervention and assessment center at a facility owned or operated by the commission. The commission may contract with another entity for the provision or use of services at the center.
Added by Acts 1993, 73rd Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1993.
Sec. 61.0386. ADVOCACY AND SUPPORT GROUPS. (a) The commission shall allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, the mentally ill, and victims of sexual assault to provide on-site information, support, and other services for children confined in commission facilities.(b) The commission shall adopt security and privacy procedures for advocacy and support groups that provide on-site information, support, and other services under this section. The security and privacy procedures may not be designed to deny an advocacy or support group access to children confined in commission facilities.(c) The commission shall adopt standards consistent with standards adopted by the Texas Department of Criminal Justice regarding the confidential correspondence of children confined in commission facilities with external entities, including advocacy and support groups.
Added by Acts 2007, 80th Leg., R.S., Ch. 1265, Sec. 1, eff. June 15, 2007.
Sec. 61.039. COMMISSION PROGRAMS. (a) The commission shall develop and use standards based on performance to evaluate and compare programs operated by the commission.(b) When practicable and feasible, the commission shall provide specific performance standards for a program serving 10 or more children through an agreement entered into under Section 61.037 of this chapter. In the performance standards, the commission shall include outcome measures for evaluating the quality of services provided under the agreement.(c) For the purposes of comparison, the commission shall use performance standards that are as consistent as practicable with those used to evaluate and compare programs operated by the commission, that measure the benefits and cost-effectiveness of the respective programs, and that measure the average length of stay and rate of recidivism of the children in the program.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, Sec. 20, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 22, eff. Sept. 1, 1987.
Sec. 61.0395. SERVICES FOR CHILDREN NOT COMMITTED TO THE COMMISSION. The commission may provide services to a child not committed to the commission if the commission contracts with a local juvenile probation department, the Texas Department of Human Services, or the Department of Protective and Regulatory Services to provide services to the child.
Added by Acts 1993, 73rd Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1993.
Sec. 61.040. ADDITIONAL FACILITIES; PAROLE SUPERVISION. When funds are available, the commission may:(1) establish and operate places for detention and diagnosis of children committed to it;(2) establish and operate additional treatment and training facilities, including forestry or parks-maintenance camps and ranches, necessary to classify and treat children committed to the commission according to their needs;(3) establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and(4) assist in establishing training facilities and programs owned and operated by private individuals or organizations which agree to provide services to children committed to the commission, including programs for children needing long-term residential care.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, Sec. 21, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 430, Sec. 1, eff. June 11, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 23, eff. Sept. 1, 1987.
Sec. 61.0401. COMPUTATION OF DAILY COSTS OF FACILITY. In computing the daily costs of a residential facility operated by the commission, the commission shall use a standard method that is consistent with methods used by other state agencies and that is designed to reflect the actual cost to the state of operating the facility.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 24, eff. Sept. 1, 1987.
Sec. 61.041. STUDY OF TREATMENT METHODS; STATISTICAL RECORDS. (a) The commission shall conduct continuing inquiry into the effectiveness of the treatment methods it employs in the reformation of children. To this end, the commission shall maintain a record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction of the commission and shall tabulate, analyze, and publish biennially these data for use in evaluating the relative merits of treatment methods.(b) The commission shall cooperate with courts and private and public agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the dispositions made of them, and other information useful in determining the amount and causes of juvenile delinquency in this state.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. II, Sec. 22, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 25, eff. Sept. 1, 1987.
Sec. 61.042. REFERRALS FROM FEDERAL COURT. The commission may enter into agreements with the federal government to accept children from the federal court for an agreed compensation.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 23, eff. April 26, 1983.
Sec. 61.0421. PUBLIC INTEREST INFORMATION. The commission shall prepare information of public interest describing the functions of the commission and describing the procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available to the general public and appropriate state agencies.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987.
Sec. 61.0422. COMPLAINTS REGARDING SERVICES. (a) The commission shall maintain a system to promptly and efficiently act on a complaint filed with the commission by a person, other than a child receiving services from the commission or the child's parent or guardian, that the commission has authority to resolve. The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.(b) The commission shall make information available describing the commission's procedures for complaint investigation and resolution.(c) The commission shall periodically notify the complaint parties of the status of the complaint until final disposition, unless the notice would jeopardize an undercover investigation.(d) The commission shall keep information about each written complaint filed with the commission by a child receiving services from the commission or the child's parent or guardian. The information must include:(1) the subject matter of the complaint;(2) a summary of the results of the review or investigation of the complaint; and(3) the period of time between the date the complaint is received and the date the complaint is closed.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 14, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.007, eff. June 19, 2009.
Sec. 61.0423. PUBLIC HEARINGS. (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the commission.(b) The board shall ensure that the location of public hearings held in accordance with this section is rotated between municipalities in which a commission facility is located or that are in proximity to a commission facility.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, Sec. 15, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 41, eff. June 8, 2007.Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.008, eff. June 19, 2009.
Sec. 61.043. GIFTS; GRANTS. The commission may accept gifts, grants, or donations of money or property from private sources to effectuate the purpose of this chapter. Donated funds shall be placed in the state treasury in a special fund called the Texas Youth Commission Fund and expended as other state money is expended, on warrants drawn by the comptroller on the order of the commission. At the end of each state fiscal year, any unexpended balance in the fund shall be carried over in the same fund.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 24, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987.
Sec. 61.0431. SPECIAL ACCOUNTS. (a) Proceeds from the operation of canteens and vending machines at facilities under the jurisdiction of the commission shall be deposited to the credit of a special account in the General Revenue Fund called the canteen revolving fund. The proceeds shall be used to pay the actual expenses of maintaining and operating the canteens and vending machines. Proceeds in excess of the amount required for those expenses, donations for student activities and proceeds from children's fundraising projects shall be deposited to the credit of a special account in the General Revenue Fund called the student benefit fund and may be used only to:(1) provide education, recreation, and entertainment to children committed to the commission; or(2) reimburse children committed to the commission for personal property lost or damaged as a result of negligence by the staff of the commission.(b) Proceeds from shop projects at the facilities under the commission's jurisdiction shall be deposited to the credit of a special account in the General Revenue Fund called the vocational shop fund and may be used only to purchase and maintain parts, tools, and other supplies necessary for the shop projects and to compensate the students who participate in the projects.(c) Registration fees from seminars and conferences conducted by the commission shall be deposited to the credit of a special account in the General Revenue Fund called the conference account and may be used only to pay the costs of conducting seminars and conferences.(d) Money in the special accounts is appropriated for the purposes indicated in this section and shall be expended on warrants drawn by the comptroller on the order of the commission.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 302, Sec. 1, eff. Aug. 30, 1993.
Sec. 61.0432. STUDENT TRUST FUND; CONTRABAND MONEY. (a) Except as provided by Subsection (b), money belonging to a child committed to the commission in excess of the amount the commission allows in a child's possession shall be deposited in a trust fund established by the facility operated by the commission to which the child is assigned. The commission shall adopt rules governing the administration of the trust fund.(b) Money possessed by a child committed to the commission that is determined to be contraband money as defined by commission rule shall be deposited in the student benefit fund described by Section 61.0431. The commission shall notify each child committed to the commission that the possession of contraband money is subject to confiscation by the commission under this subsection.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 27, eff. Sept. 1, 1987.Amended by: Acts 2005, 79th Leg., Ch. 949, Sec. 39, eff. September 1, 2005.
Sec. 61.0433. DEBIT CARD SUSPENSE ACCOUNTS. (a) The commission may establish debit card suspense accounts necessary to operate magnetic debit card systems at facilities under the jurisdiction of the commission to enable the students, employees, and visitors to make purchases of:(1) merchandise from vending machines or canteens within the facilities;(2) meals from cafeterias within the facilities; and(3) services that the facilities are authorized to provide.(b) Cash received from cash-to-card machines and amounts electronically transferred for card use from the students' trust fund accounts shall be deposited to debit card suspense accounts in local depositories and held pending card purchases.(c) Transfers of cash based on card use for purchases of merchandise or services shall be made from the debit card suspense accounts to the appropriate vendors and to accounts in the state treasury in accordance with laws governing receipt of state revenues.(d) Unused debit card balances shall be refunded to the card holders from the debit card suspense accounts.
Added by Acts 1991, 72nd Leg., ch. 69, Sec. 1, eff. Sept. 1, 1991.
Sec. 61.044. BIENNIAL BUDGET. The executive commissioner shall prepare a biennial budget of all funds necessary to be appropriated by the legislature to the commission to carry out the purposes of this chapter. The budget shall be submitted and filed by the executive commissioner in the form and manner and within the time prescribed by law.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, Sec. 25, eff. April 26, 1983.Amended by: Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 44, eff. June 8, 2007.
Sec. 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a) The commission shall have general charge of and be responsible for the welfare, custody, and rehabilitation of the children in a school, facility, or program operated or funded by the commission. The commission shall seek to establish relationships and to organize a way of life that will meet the spiritual, moral, physical, emotional, intellectual, and social needs of the children under its care as those needs would be met in an adequate home.(b) The commission shall see that the buildings and premises are kept in good sanitary order.
Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, Sec. 26, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 28, eff. Sept. 1, 1987.
Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The office of inspector general is established at the commission for the purpose of investigating:(1) crimes committed by commission employees, including parole officers employed by or under a contract with the commission; and(2) crimes and delinquent conduct committed at a facility operated by the commission, a residential facility operated by another entity under a contract with the commission, or any facility in which a child committed to the custody of the commission is housed or receives medical or mental health treatment.(b) The office of inspector general shall prepare and deliver a report concerning the results of any investigation conducted under this section to:(1) the executive commissioner;(2) the advisory board;(3) the governor;(4) the lieutenant governor;(5) the speaker of the house of representatives;(6) the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities;(7) the special prosecution unit;(8) the state auditor; and(9) any other appropriate state agency responsible for licensing or certifying commission employees or facilities.(c) The report prepared under Subsection (b) must include a summary of the actions performed by the office of inspector general in conducting the investigation, a statement of whether the investigation resulted in a finding that a criminal offense or delinquent conduct occurred, and a description of the finding. The report is public information under Chapter 552, Government Code, only to the extent authorized under that chapter and other law.(d) The office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure.(e) Peace officers employed and commissioned under Subsection (d) must:(1) be certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code; and(2) complete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (d) as part of any continuing education requirements for the peace officers.(f) The executive commissioner shall select a commissioned peace officer as chief inspector general. The chief inspector general is subject to the requirements of this section and may only be discharged for cause.(g) The chief inspector general shall on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to:(1) the executive commissioner;(2) the advisory board;(3) the governor;(4) the lieutenant governor;(5) the speaker of the house of representatives;(6) the standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities;(7) the state auditor; and(8) the comptroller.(h) A report prepared under Subsection (g) is public information under Chapter 552, Government Code, to the extent authorized under that chapter and other law, and the commission shall publish the report on the commission's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to:(1) the types of investigations conducted by the office of inspector general, such as whether an investigation concerned narcotics or an alleged incident of sexual abuse;(2) the relationship of a victim to a perpetrator, if applicable; and(3) the number of investigations conducted concerning suicides, deaths, and hospitalizations of children in the custody of the commission.(i) The office of inspector general shall immediately report to the executive director, the board, the governor's general counsel, and the state auditor:(1) any particularly serious or flagrant problem concerning the administration of a commission program or operation; or(2) any interference by the executive director, an employee of the commission, a facility described by Subsection (a)(2), or an officer or employee of a facility described by Subsection (a)(2) with an investigation conducted by the office.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 838, Sec. 2, eff. June 15, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.009, eff. June 19, 2009.
Sec. 61.0452. TOLL-FREE NUMBER. (a) The commission shall establish a permanent, toll-free number for the purpose of receiving any information concerning the abuse, neglect, or exploitation of children in the custody of the commission.(b) The office of inspector general shall ensure that:(1) the toll-free number is prominently displayed in each commission facility; and(2) children in the custody of the commission and commission employees have confidential access to telephones for the purpose of calling the toll-free number.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.
Sec. 61.0455. DETECTION AND MONITORING OF CELLULAR TELEPHONES. (a) The commission may own and the office of the inspector general may possess, install, operate, or monitor an electronic, mechanical, or other device, as defined by Article 18.20, Code of Criminal Procedure.(b) The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor electronic, mechanical, or other devices for the commission.(c) An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person:(1) is designated by the executive commissioner for that purpose; and(2) acts in the presence and under the direction of a commissioned officer of the inspector general.
Added by Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 8, eff. September 1, 2009.
Sec. 61.046. RELIGIOUS TRAINING. The commission shall provide for the religious and spiritual training of children in its custody according to the children's individual choices.
Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, Sec. 27, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 29, eff. Sept. 1, 1987.
Sec. 61.0461. EMPLOYMENT OR DESIGNATION OF CHAPLAIN AT CERTAIN COMMISSION FACILITIES. The commission shall ensure that a chaplain is employed or formally designated for each commission correctional facility that is an institution.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 42, eff. June 8, 2007.
Sec. 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION EDUCATION. The commission shall provide education in violence prevention and conflict resolution that includes discussion of domestic violence and child abuse issues to all children in its custody.
Added by Acts 1995, 74th Leg., ch. 563, Sec. 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 664, Sec. 2, eff. Jan. 1, 1996.
Sec. 61.048. BUILDINGS AND IMPROVEMENTS. (a) The commission may design, construct, equip, furnish, and maintain buildings and improvements at facilities under its jurisdiction. The commission may employ architects or engineers, or both, to prepare plans and specifications and to supervise the construction and improvements. The commission shall promulgate rules relating to the award of contracts for the construction of buildings and improvements. The rules shall provide for the award of contracts for the construction of buildings and improvements to the qualified bidder making the lowest and best bid. A construction contract may not be awarded for a sum in excess of the amount of funds available for the project. The commission may reject any and all bids submitted.(b) If a project is financed in whole or in part by federal funds, any standards required by the enabling federal statute or required by the rules of the administering federal agency control over this section.(c) The commission may employ professional, technical, and clerical personnel to carry out the design and construction functions required by this section.
Added by Acts 1987, 70th Leg., ch. 1099, Sec. 30, eff. Sept. 1, 1987.
Sec. 61.050. FIRE PROTECTION ACTIVITIES. (a) The commission may perform fire protection, fire prevention, and fire suppression activities at commission facilities.(b) The commission may prescribe circumstances under which, for the benefit of the public safety and welfare, commission employees using commission equipment may assist municipal or volunteer fire departments in the performance of fire protection, fire prevention, or fire suppression activities near commission facilities.
Added by Acts 1995, 74th Leg., ch. 210, Sec. 1, eff. May 23, 1995.
Sec. 61.051. CLIENT SERVICE CONTRACT STANDARDS. In each contract for the purchase of residential program-related client services, the commission shall include:(1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives;(2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and(3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.052. CONTRACT MONITORING. The commission shall establish a formal program to monitor residential program-related client services contracts made by the commission. The commission must:(1) monitor compliance with financial and performance requirements using a risk assessment methodology; and(2) obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.053. MEDICAID BENEFITS. The commission shall apply for benefits under the federal Medicaid program if application is cost effective in reducing health care costs incurred by the commission.
Added by Acts 1997, 75th Leg., ch. 319, Sec. 16, eff. Sept. 1, 1997.
Sec. 61.054. SALE OR LICENSE OF TREATMENT PROGRAMS. (a) The commission may sell or license to an individual or a private or public entity the right to use a treatment program developed by the commission.(b) Proceeds from the sale or license of a treatment program shall be deposited to the credit of the fund that provided the money to finance the development of the treatment program.(c) At the end of each fiscal year, any unexpended proceeds from the sale or license of a treatment program shall be carried over to the next fiscal year to the credit of the fund that provided the money to finance the development of the treatment program.
Added by Acts 1997, 75th Leg., ch. 1093, Sec. 1, eff. June 19, 1997. Renumbered from Sec. 61.051 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(80), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 624, Sec. 1, eff. June 20, 2003.
Sec. 61.055. ZERO-TOLERANCE POLICY. (a) The commission shall adopt a zero-tolerance policy concerning the detection, prevention, and punishment of the sexual abuse, including consensual sexual contact, of children in the custody of the commission.(b) The commission shall establish standards for reporting and collecting data on the sexual abuse of children in the custody of the commission.(c) The commission shall establish a procedure for children in the custody of the commission and commission employees to report incidents of sexual abuse involving a child in the custody of the commission. The procedure must designate a person employed at the commission facility in which the abuse is alleged to have occurred as well as a person who is employed at the commission's headquarters to whom a person may report an incident of sexual abuse.(d) The commission shall prominently display the following notice in the office of the chief administrator of each commission facility, the employees' break room of each commission facility, the cafeteria of each commission facility, and at least six additional locations in each commission facility:THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF A CHILD IN THE CUSTODY OF THE COMMISSION. ANY SUCH VIOLATION MUST BE REPORTED TO __________.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 45, eff. June 8, 2007.
SUBCHAPTER D. ADMISSION AND COMMITMENTSec. 61.061. PLACEMENT IN COMMISSION FACILITIES. (a) The commission may not assign a child younger than 15 years of age to the same correctional facility dormitory as a person who is at least 17 years of age unless the commission determines that the placement is necessary to ensure the safety of children in the custody of the commission. This subsection does not apply to a dormitory that is used exclusively for short-term assessment and orientation purposes.(b) The commission by rule shall adopt scheduling, housing, and placement procedures for the purpose of protecting vulnerable children in the custody of the commission. The procedures must address the age, physical condition, and treatment needs of a child as well as any other relevant factor.(c) The commission shall consider the proximity of the residence of a child's family in determining the appropriate commission facility in which to place a child.
Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 43, eff. June 8, 2007.
Sec. 61.062. ESTABLISHMENT OF MINIMUM LENGTH OF STAY. (a) The commission shall establish a minimum length of stay for each child committed to the commission without a determinate sentence.(b) In establishing a m
