Bill Text: TX SB1727 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Texas Juvenile Justice Department, the functions of the office of independent ombudsman for the Texas Juvenile Justice Department, and the powers and duties of the office of inspector general of the Texas Juvenile Justice Department.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1727 Detail]

Download: Texas-2023-SB1727-Comm_Sub.html
  88R26036 CJD-D
 
  By: Schwertner, et al. S.B. No. 1727
 
  (Canales, Dutton)
 
  Substitute the following for S.B. No. 1727:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Juvenile
  Justice Department, the functions of the office of independent
  ombudsman for the Texas Juvenile Justice Department, and the powers
  and duties of the office of inspector general of the Texas Juvenile
  Justice Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.12, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
  officers:
               (1)  sheriffs, their deputies, and those reserve
  deputies who hold a permanent peace officer license issued under
  Chapter 1701, Occupations Code;
               (2)  constables, deputy constables, and those reserve
  deputy constables who hold a permanent peace officer license issued
  under Chapter 1701, Occupations Code;
               (3)  marshals or police officers of an incorporated
  city, town, or village, and those reserve municipal police officers
  who hold a permanent peace officer license issued under Chapter
  1701, Occupations Code;
               (4)  rangers, officers, and members of the reserve
  officer corps commissioned by the Public Safety Commission and the
  Director of the Department of Public Safety;
               (5)  investigators of the district attorneys', criminal
  district attorneys', and county attorneys' offices;
               (6)  law enforcement agents of the Texas Alcoholic
  Beverage Commission;
               (7)  each member of an arson investigating unit
  commissioned by a city, a county, or the state;
               (8)  officers commissioned under Section 37.081,
  Education Code, or Subchapter E, Chapter 51, Education Code;
               (9)  officers commissioned by the General Services
  Commission;
               (10)  law enforcement officers commissioned by the
  Parks and Wildlife Commission;
               (11)  officers commissioned under Chapter 23,
  Transportation Code;
               (12)  municipal park and recreational patrolmen and
  security officers;
               (13)  security officers and investigators commissioned
  as peace officers by the comptroller;
               (14)  officers commissioned by a water control and
  improvement district under Section 49.216, Water Code;
               (15)  officers commissioned by a board of trustees
  under Chapter 54, Transportation Code;
               (16)  investigators commissioned by the Texas Medical
  Board;
               (17)  officers commissioned by:
                     (A)  the board of managers of the Dallas County
  Hospital District, the Tarrant County Hospital District, the Bexar
  County Hospital District, or the El Paso County Hospital District
  under Section 281.057, Health and Safety Code;
                     (B)  the board of directors of the Ector County
  Hospital District under Section 1024.117, Special District Local
  Laws Code;
                     (C)  the board of directors of the Midland County
  Hospital District of Midland County, Texas, under Section 1061.121,
  Special District Local Laws Code; and
                     (D)  the board of hospital managers of the Lubbock
  County Hospital District of Lubbock County, Texas, under Section
  1053.113, Special District Local Laws Code;
               (18)  county park rangers commissioned under
  Subchapter E, Chapter 351, Local Government Code;
               (19)  investigators employed by the Texas Racing
  Commission;
               (20)  officers commissioned under Chapter 554,
  Occupations Code;
               (21)  officers commissioned by the governing body of a
  metropolitan rapid transit authority under Section 451.108,
  Transportation Code, or by a regional transportation authority
  under Section 452.110, Transportation Code;
               (22)  investigators commissioned by the attorney
  general under Section 402.009, Government Code;
               (23)  security officers and investigators commissioned
  as peace officers under Chapter 466, Government Code;
               (24)  officers appointed by an appellate court under
  Subchapter F, Chapter 53, Government Code;
               (25)  officers commissioned by the state fire marshal
  under Chapter 417, Government Code;
               (26)  an investigator commissioned by the commissioner
  of insurance under Section 701.104, Insurance Code;
               (27)  officers appointed by the inspector general of
  [apprehension specialists and inspectors general commissioned by]
  the Texas Juvenile Justice Department [as officers] under Section
  [Sections] 242.102 [and 243.052], Human Resources Code;
               (28)  officers appointed by the inspector general of
  the Texas Department of Criminal Justice under Section 493.019,
  Government Code;
               (29)  investigators commissioned by the Texas
  Commission on Law Enforcement under Section 1701.160, Occupations
  Code;
               (30)  commission investigators commissioned by the
  Texas Private Security Board under Section 1702.061, Occupations
  Code;
               (31)  the fire marshal and any officers, inspectors, or
  investigators commissioned by an emergency services district under
  Chapter 775, Health and Safety Code;
               (32)  officers commissioned by the State Board of
  Dental Examiners under Section 254.013, Occupations Code, subject
  to the limitations imposed by that section; and
               (33)  [investigators commissioned by the Texas
  Juvenile Justice Department as officers under Section 221.011,
  Human Resources Code; and
               [(34)]  the fire marshal and any related officers,
  inspectors, or investigators commissioned by a county under
  Subchapter B, Chapter 352, Local Government Code.
         SECTION 2.  Articles 18B.001(1) and (4), Code of Criminal
  Procedure, are amended to read as follows:
               (1)  "Authorized peace officer" means:
                     (A)  a sheriff or deputy sheriff;
                     (B)  a constable or deputy constable;
                     (C)  a marshal or police officer of a
  municipality;
                     (D)  a ranger or officer commissioned by the
  Public Safety Commission or the director of the department;
                     (E)  an investigator of a prosecutor's office;
                     (F)  a law enforcement agent of the Texas
  Alcoholic Beverage Commission;
                     (G)  a law enforcement officer commissioned by the
  Parks and Wildlife Commission;
                     (H)  an enforcement officer appointed by the
  inspector general of the Texas Department of Criminal Justice under
  Section 493.019, Government Code;
                     (I)  a law enforcement officer appointed by the
  inspector general of the Texas Juvenile Justice Department under
  Section 242.102, Human Resources Code;
                     (J)  an investigator commissioned by the attorney
  general under Section 402.009, Government Code; or
                     (K) [(J)]  a member of an arson investigating unit
  commissioned by a municipality, a county, or the state.
               (4)  "Designated law enforcement office or agency"
  means:
                     (A)  the sheriff's department of a county with a
  population of 3.3 million or more;
                     (B)  a police department in a municipality with a
  population of 200,000 or more; [or]
                     (C)  the office of inspector general of the Texas
  Department of Criminal Justice; or
                     (D)  the office of inspector general of the Texas
  Juvenile Justice Department.
         SECTION 3.  Article 18B.252(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  If the director of the department or the director's
  designee approves the policy submitted under Article 18B.251, the
  inspector general of the Texas Department of Criminal Justice or
  the inspector general's designee, the inspector general of the
  Texas Juvenile Justice Department or the inspector general's
  designee, or the sheriff or chief of a designated law enforcement
  agency or the sheriff's or chief's designee, as applicable, shall
  submit to the director a written list of all peace officers in the
  designated law enforcement office or agency who are authorized to
  possess, install, operate, or monitor pen registers, ESN readers,
  or similar equipment.
         SECTION 4.  Article 18B.302(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  The inspector general of the Texas Department of
  Criminal Justice, the inspector general of the Texas Juvenile
  Justice Department or the inspector general's designee, or the
  sheriff or chief of a designated law enforcement agency, as
  applicable, shall submit to the director of the department a
  written report of expenditures made by the designated law
  enforcement office or agency to purchase and maintain a pen
  register, ESN reader, or similar equipment authorized under this
  chapter.
         SECTION 5.  Article 18B.451, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18B.451.  SUBPOENA AUTHORITY. The director of the
  department or the director's designee, the inspector general of the
  Texas Department of Criminal Justice or the inspector general's
  designee, the inspector general of the Texas Juvenile Justice
  Department or the inspector general's designee, or the sheriff or
  chief of a designated law enforcement agency or the sheriff's or
  chief's designee may issue an administrative subpoena to a
  communication common carrier or a provider of an electronic
  communications service to compel the production of any carrier's or
  service provider's business records that:
               (1)  disclose information about:
                     (A)  the carrier's or service provider's
  customers; or
                     (B)  users of the services offered by the carrier
  or service provider; and
               (2)  are material to a criminal investigation.
         SECTION 6.  Article 18B.452, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18B.452.  REPORT OF ISSUANCE OF SUBPOENA. Not later
  than the 30th day after the date on which an administrative subpoena
  is issued under Article 18B.451, the inspector general of the Texas
  Department of Criminal Justice, the inspector general of the Texas
  Juvenile Justice Department or the inspector general's designee, or
  the sheriff or chief of a designated law enforcement agency, as
  applicable, shall report to the department the issuance of the
  subpoena.
         SECTION 7.  Section 51.12(c-1), Family Code, is amended to
  read as follows:
         (c-1)  The Texas Juvenile Justice Department shall
  [annually] inspect each public or private juvenile
  pre-adjudication secure detention facility.  The department shall
  provide a report to each juvenile court judge presiding in the same
  county as an inspected facility indicating whether the facility is
  suitable or unsuitable for the detention of children in accordance
  with:
               (1)  the requirements of Subsections (a), (f), and (g);
  and
               (2)  minimum professional standards for the detention
  of children in pre-adjudication secure confinement promulgated by
  the department or, at the election of the juvenile board of the
  county in which the facility is located, the current standards
  promulgated by the American Correctional Association.
         SECTION 8.  Section 51.125(c), Family Code, is amended to
  read as follows:
         (c)  The Texas Juvenile Justice Department shall [annually]
  inspect each public or private juvenile post-adjudication secure
  correctional facility that is not operated by the department.  The
  department shall provide a report to each juvenile court judge
  presiding in the same county as an inspected facility indicating
  whether the facility is suitable or unsuitable for the confinement
  of children in accordance with minimum professional standards for
  the confinement of children in post-adjudication secure
  confinement promulgated by the department or, at the election of
  the juvenile board of the county in which the facility is located,
  the current standards promulgated by the American Correctional
  Association.
         SECTION 9.  Section 51.126(c), Family Code, is amended to
  read as follows:
         (c)  The Texas Juvenile Justice Department shall [annually]
  inspect each nonsecure correctional facility.  The Texas Juvenile
  Justice Department shall provide a report to each juvenile court
  judge presiding in the same county as an inspected facility
  indicating whether the facility is suitable or unsuitable for the
  confinement of children in accordance with minimum professional
  standards for the confinement of children in nonsecure confinement
  promulgated by the Texas Juvenile Justice Department or, at the
  election of the juvenile board of the county in which the facility
  is located, the current standards promulgated by the American
  Correctional Association.
         SECTION 10.  Sections 51.20(a), (b), (c), and (d), Family
  Code, are amended to read as follows:
         (a)  At any stage of the proceedings under this title,
  including when a child is initially detained in a pre-adjudication
  secure detention facility or a post-adjudication secure
  correctional facility, the juvenile court may, at its discretion or
  at the request of the child's parent or guardian, order a child who
  is referred to the juvenile court or who is alleged by a petition or
  found to have engaged in delinquent conduct or conduct indicating a
  need for supervision to be examined by a disinterested expert,
  including a physician, psychiatrist, or psychologist, qualified by
  education and clinical training in mental health or intellectual
  disability [mental retardation] and experienced in forensic
  evaluation, to determine whether the child has a mental illness, as
  defined by Section 571.003, Health and Safety Code, is a person with
  an intellectual disability, [mental retardation] as defined by
  Section 591.003, Health and Safety Code, or suffers from chemical
  dependency, as defined by Section 464.001, Health and Safety Code.
  If the examination is to include a determination of the child's
  fitness to proceed, an expert may be appointed to conduct the
  examination only if the expert is qualified under Subchapter B,
  Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
  criminal case, and the examination and the report resulting from an
  examination under this subsection must comply with the requirements
  under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
  the examination and resulting report of a defendant in a criminal
  case.
         (b)  If, after conducting an examination of a child ordered
  under Subsection (a) and reviewing any other relevant information,
  there is reason to believe that the child has a mental illness or
  intellectual disability [mental retardation] or suffers from
  chemical dependency, the probation department shall refer the child
  to the local mental health [or mental retardation] authority, to
  the local intellectual and developmental disability authority, or
  to another appropriate and legally authorized agency or provider
  for evaluation and services, unless the prosecuting attorney has
  filed a petition under Section 53.04.
         (c)  If, while a child is under deferred prosecution
  supervision or court-ordered probation, a qualified professional
  determines that the child has a mental illness or intellectual
  disability [mental retardation] or suffers from chemical
  dependency and the child is not currently receiving treatment
  services for the mental illness, intellectual disability [mental
  retardation], or chemical dependency, the probation department
  shall refer the child to the local mental health [or mental
  retardation] authority, to the local intellectual and
  developmental disability authority, or to another appropriate and
  legally authorized agency or provider for evaluation and services.
         (d)  A probation department shall report each referral of a
  child to a local mental health [or mental retardation] authority,
  to a local intellectual and developmental disability authority, or
  to another agency or provider made under Subsection (b) or (c) to
  the Texas Juvenile Justice Department in a format specified by the
  department.
         SECTION 11.  Section 56.01(c), Family Code, is amended to
  read as follows:
         (c)  An appeal may be taken:
               (1)  except as provided by Subsection (n), by or on
  behalf of a child from an order entered under:
                     (A)  Section 54.02 respecting transfer of the
  child for prosecution as an adult;
                     (B)  Section 54.03 with regard to delinquent
  conduct or conduct indicating a need for supervision;
                     (C)  Section 54.04 disposing of the case;
                     (D)  Section 54.05 respecting modification of a
  previous juvenile court disposition; or
                     (E)  Chapter 55 by a juvenile court committing a
  child to a facility for persons with mental illness [the mentally
  ill] or intellectual disabilities [intellectually disabled]; or
               (2)  by a person from an order entered under Section
  54.11(i)(2) transferring the person to the custody of the Texas
  Department of Criminal Justice.
         SECTION 12.  Section 58.009, Family Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (a-1) and
  (c-1) to read as follows:
         (a)  For purposes of this section, information is
  identifiable if the information contains a juvenile offender's name
  or other personal identifiers or can, by virtue of sample size or
  other factors, be reasonably interpreted as referring to a
  particular juvenile offender.
         (a-1)  Except as provided by this section, identifiable
  juvenile justice information collected and maintained by the Texas
  Juvenile Justice Department for statistical and research purposes
  is confidential information for the use of the department and may
  not be disseminated by the department.
         (c)  The Texas Juvenile Justice Department may grant [the
  following entities] access to identifiable juvenile justice
  information:
               (1)  for research and statistical purposes or for any
  other purpose approved by the department to:
                     (A) [(1)]  criminal justice agencies as defined
  by Section 411.082, Government Code;
                     (B) [(2)]  the Texas Education Agency, as
  authorized under Section 37.084, Education Code;
                     (C) [(3)]  any agency under the authority of the
  Health and Human Services Commission; or
                     (D) [(4)]  the Department of Family and
  Protective Services; or
               (2)  for a purpose beneficial to and approved by the
  department to an individual or entity that:
                     (A)  is working on a research or statistical
  project that meets the requirements of and is approved by the
  department; and
                     (B)  has a specific agreement with the department
  that:
                           (i)  specifically authorizes access to
  identifiable juvenile justice information;
                           (ii)  limits the use of the information to
  the purposes for which the information is given;
                           (iii)  ensures the security and
  confidentiality of the information; and
                           (iv)  provides for sanctions if a
  requirement imposed under Subparagraph (i), (ii), or (iii) is
  violated [(5) a public or private university].
         (c-1)  The Texas Juvenile Justice Department shall grant
  access to juvenile justice information that is not identifiable
  information for research or statistical purposes or for any other
  purpose approved by the department to:
               (1)  criminal justice agencies as defined by Section
  411.082, Government Code;
               (2)  the Texas Education Agency, as authorized under
  Section 37.084, Education Code;
               (3)  any agency under the authority of the Health and
  Human Services Commission;
               (4)  the Department of Family and Protective Services;
               (5)  a public or private university; or
               (6)  an individual or entity working on a research or
  statistical project.
         SECTION 13.  Section 59.009(a), Family Code, is amended to
  read as follows:
         (a)  For a child at sanction level six, the juvenile court
  may commit the child to the custody of the Texas Juvenile Justice
  Department [or a post-adjudication secure correctional facility
  under Section 54.04011(c)(1)].  The department [, juvenile board,
  or local juvenile probation department, as applicable,] may:
               (1)  require the child to participate in a highly
  structured residential program that emphasizes discipline,
  accountability, fitness, training, and productive work for not less
  than nine months or more than 24 months unless the department,
  board, or probation department reduces or extends the period and
  the reason for the reduction or [an] extension is documented;
               (2)  require the child to make restitution to the
  victim of the child's conduct or perform community service
  restitution appropriate to the nature and degree of the harm caused
  and according to the child's ability, if there is a victim of the
  child's conduct;
               (3)  require the child and the child's parents or
  guardians to participate in programs and services for their
  particular needs and circumstances; and
               (4)  if appropriate, impose additional sanctions.
         SECTION 14.  Section 661.918(a), Government Code, is amended
  to read as follows:
         (a)  This section applies to a peace officer under Article
  2.12, Code of Criminal Procedure, who is commissioned or appointed,
  as applicable, as a law enforcement officer or agent, including a
  ranger, by:
               (1)  the Public Safety Commission and the director of
  the Department of Public Safety;
               (2)  the Parks and Wildlife Commission;
               (3)  the Texas Alcoholic Beverage Commission;
               (4)  the attorney general; [or]
               (5)  the insurance fraud unit of the Texas Department
  of Insurance; or
               (6)  the office of inspector general of the Texas
  Juvenile Justice Department.
         SECTION 15.  Section 662.005(b), Government Code, is amended
  to read as follows:
         (b)  Except as provided by Section 662.010, and
  notwithstanding Section 659.015 or another law, a state employee
  who is a peace officer commissioned or appointed, as applicable, by
  a state officer or state agency listed under Article 2.12, Code of
  Criminal Procedure, or who is employed by the Department of Public
  Safety either to perform communications or dispatch services
  related to traffic law enforcement or as a public security officer,
  as that term is defined by Section 1701.001, Occupations Code, or
  who is employed by the Parks and Wildlife Department to perform
  communications and dispatch services to assist law enforcement
  officers commissioned by the Parks and Wildlife Commission in
  performing law enforcement duties, or who is employed by the Texas
  Juvenile Justice Department to perform communication service
  duties for the incident reporting center and to assist law
  enforcement officers appointed by the office of inspector general
  of the Texas Juvenile Justice Department in performing
  investigative duties, or who is employed as a security officer
  providing security and entry searches for secure correctional
  facilities operated by the Texas Juvenile Justice Department, and
  who is required to work on a national or state holiday that falls on
  a Saturday or Sunday is entitled to compensatory time off at the
  rate of one hour for each hour worked on the holiday.
         SECTION 16.  Sections 202.001(a) and (b), Human Resources
  Code, are amended to read as follows:
         (a)  The board is composed of the following 11 [13] members
  appointed by the governor with the advice and consent of the senate:
               (1)  one member who is a district court judge of a court
  designated as a juvenile court;
               (2)  two [three] members who are members of a county
  commissioners court with juvenile justice experience;
               (3)  one prosecutor in juvenile court;
               (4)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes fewer than 7,500 persons younger than 18 years of age;
               (5)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes at least 7,500 but fewer than 80,000 persons younger than
  18 years of age;
               (6)  one chief juvenile probation officer of a juvenile
  probation department serving a county with a population that
  includes 80,000 or more persons younger than 18 years of age;
               (7)  one adolescent mental health treatment
  professional licensed under Subtitle B or I, Title 3, Occupations
  Code, or a representative from a local mental health authority
  designated under Chapter 533, Health and Safety Code, who has
  experience working with children;
               (8)  one member who is:
                     (A)  an educator, as that term is defined by
  Section 5.001, Education Code, with juvenile justice experience; or
                     (B)  a juvenile justice professional with
  experience managing a secure juvenile justice facility operated by
  the department or a county; and
               (9)  two [three] members of the general public.
         (b)  Members serve staggered six-year terms, with the terms
  of three or four [or five] members expiring on February 1 of each
  odd-numbered year.
         SECTION 17.  Section 202.005, Human Resources Code, is
  amended to read as follows:
         Sec. 202.005.  BOARD MEMBER RECUSAL.  (a)  A chief juvenile
  probation officer who is a board member shall avoid the appearance
  of a conflict of interest by not voting or participating in any
  decision by the board that solely benefits or penalizes or
  otherwise solely impacts the juvenile probation department over
  which the chief juvenile probation officer has authority. The
  chief juvenile probation officer may not vote or render any
  decisions regarding matters of officer discipline [abuse and
  neglect] presented to the board regarding the chief juvenile
  probation officer's department.
         (a-1)  If a juvenile justice professional is appointed as a
  board member under Section 202.001(a)(8), the member shall avoid
  the appearance of a conflict of interest by not voting or
  participating in any decision by the board that solely benefits or
  penalizes or otherwise solely impacts any juvenile probation
  department or facility the professional is employed by or works for
  under a contract.  The professional may not vote or render any
  decisions regarding matters of officer discipline presented to the
  board regarding any juvenile probation department or facility the
  professional is employed by or works for under a contract.
         (b)  The board may adopt recusal requirements in addition to
  those described by Subsections [Subsection] (a) and (a-1),
  including requirements that are more restrictive than those
  described by those subsections [Subsection (a)].
         SECTION 18.  Section 202.006, Human Resources Code, is
  amended by amending Subsection (b) and adding Subsection (d) to
  read as follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing department operations [the
  legislation that created the department];
               (2)  the programs, functions, rules, and budget of the
  department;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4)  the results of the most recent formal audit of the
  department;
               (5) [(4)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of a state
  policymaking body in performing their duties; and
               (6) [(5)]  any applicable ethics policies adopted by
  the department or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b).  The
  executive director shall distribute a copy of the training manual
  annually to each member of the board. Each member of the board shall
  sign and submit to the executive director a statement acknowledging
  that the member received and has reviewed the training manual.
         SECTION 19.  Section 202.010, Human Resources Code, is
  amended to read as follows:
         Sec. 202.010.  SUNSET PROVISION. The Texas Juvenile Justice
  Board and the Texas Juvenile Justice Department are subject to
  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
  in existence as provided by that chapter, the board and the
  department are abolished September 1, 2029 [2023].
         SECTION 20.  Section 203.001, Human Resources Code, is
  amended by adding Subsections (b-1), (b-2), (b-3), and (b-4) to
  read as follows:
         (b-1)  The board may delegate to the executive director the
  board's responsibilities as the board determines appropriate.
         (b-2)  In making a delegation under Subsection (b-1), the
  board shall provide, as appropriate:
               (1)  to the executive director with respect to each
  delegation:
                     (A)  clear direction;
                     (B)  performance measures; and
                     (C)  reporting requirements; and
               (2)  to the department, sufficient oversight to ensure
  that delegated responsibilities are performed according to the
  mission and funding priorities described by Subsection (c).
         (b-3)  The executive director is a full-time employee of the
  board and shall:
               (1)  perform the regular administrative functions of
  the board and any other duty as the board directs; and
               (2)  under the direction of the board, perform the
  duties required by this subtitle or designated by the board.
         (b-4)  The executive director may not perform a
  discretionary or decision-making function for which the board is
  solely responsible.
         SECTION 21.  Section 203.002, Human Resources Code, is
  amended to read as follows:
         Sec. 203.002.  EXECUTIVE DIRECTOR.  (a) The board shall:
               (1)  employ an executive director to administer the
  department; and
               (2)  supervise the director's administration of the
  department.
         (b)  The executive director must possess the following
  minimum qualifications:
               (1)  five years of experience in the field of juvenile
  corrections or congregate care in an administrative capacity;
               (2)  three years of experience in the field of juvenile
  corrections or congregate care in an administrative capacity and a
  graduate degree from an institution of higher education in a
  relevant field, including penology, adolescent development,
  behavior management, or rehabilitative services; or
               (3)  seven years of experience in management and
  administration of a government agency, institution of higher
  education, or business enterprise of a size comparable to the
  department.
         (c)  The department shall track the frequency with which the
  executive director takes the following actions as defined by
  department rule:
               (1)  selects a child for a conditional placement;
               (2)  selects a child for a home placement;
               (3)  waives the requirement for a child with a
  determinate sentence to spend the child's entire minimum period of
  confinement in a high-restriction facility;
               (4)  waives the requirement for a child to be on
  intensive supervision when initially released on parole;
               (5)  authorizes early discharges for a child on parole;
  or
               (6)  finalizes an appeal brought by an advocacy group
  or social service provider who was denied certain access to
  department facilities.
         (d)  The executive director shall provide the board and the
  Sunset Advisory Commission at the beginning of each calendar
  quarter aggregated data on the number of times each action
  described by Subsection (c) was taken during the previous calendar
  quarter.
         SECTION 22.  Section 203.0081, Human Resources Code, is
  amended by amending Subsections (a) and (e) and adding Subsection
  (c-1) to read as follows:
         (a)  The advisory council on juvenile services consists of:
               (1)  the executive director of the department or the
  executive director's designee;
               (2)  the director of probation services of the
  department or the director's designee;
               (3)  the director of state programs and facilities of
  the department or the director's designee;
               (4)  the executive commissioner of the Health and Human
  Services Commission or the commissioner's designee;
               (5)  one representative of the county commissioners
  courts appointed by the board;
               (6)  two juvenile court judges appointed by the board;
  [and]
               (7)  seven chief juvenile probation officers appointed
  by the board as provided by Subsection (b); and
               (8)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee.
         (c-1)  The board shall adopt rules regarding:
               (1)  the purpose, role, responsibility, goals, and
  duration of the advisory council;
               (2)  the quorum requirement for the advisory council;
               (3)  training requirements for advisory council
  members;
               (4)  policies to avoid conflicts of interest by
  advisory council members;
               (5)  a periodic review process to evaluate the
  continuing need for the advisory council;
               (6)  policies to ensure the advisory council does not
  violate any provision of Chapter 551, Government Code, applicable
  to the board or the advisory council;
               (7)  the appropriate level of participation from ex
  officio advisory council members designated under Subsections
  (a)(1)-(4) and (8); and
               (8)  reporting requirements and other communication
  procedures between the board and the advisory council.
         (e)  The advisory council shall assist the department in:
               (1)  determining the needs and problems of county
  juvenile boards and probation departments;
               (2)  conducting long-range strategic planning;
               (3)  reviewing and proposing revisions to existing or
  newly proposed standards affecting juvenile probation programs,
  services, or facilities;
               (4)  analyzing the potential cost impact on juvenile
  probation departments of new standards proposed by the board; [and]
               (5)  assessing and developing recommendations to
  improve the sharing of information between agencies that serve
  children, including agencies serving children in both the juvenile
  justice and child welfare systems; and
               (6)  advising the board on any other matter on the
  request of the board.
         SECTION 23.  Chapter 203, Human Resources Code, is amended
  by adding Sections 203.0083, 203.0084, and 203.0085 to read as
  follows:
         Sec. 203.0083.  AUTHORITY TO ESTABLISH ADVISORY COMMITTEES.
  (a)  The board by rule may establish advisory committees to make
  recommendations to the board on programs, rules, and policies
  administered by the board.
         (b)  In establishing an advisory committee under this
  section, the board shall adopt rules, including rules regarding:
               (1)  the purpose, role, responsibility, goals, and
  duration of the committee;
               (2)  the size of and quorum requirement for the
  committee;
               (3)  qualifications for committee membership;
               (4)  appointment procedures for members;
               (5)  terms of service for members;
               (6)  training requirements for members;
               (7)  policies to avoid conflicts of interest by
  members;
               (8)  a periodic review process to evaluate the
  continuing need for the committee; and
               (9)  policies to ensure the committee does not violate
  any provision of Chapter 551, Government Code, applicable to the
  board or the committee.
         (c)  The board shall establish a youth career and technical
  education advisory committee and adopt rules required by Subsection
  (b) for the committee. The advisory committee shall assist the
  department with overseeing and coordinating vocational training
  for youth in the custody of the department, including training
  provided by community colleges and other local entities with which
  the department may partner.
         Sec. 203.0084.  RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)  
  The department shall develop a comprehensive set of risk factors to
  use in assessing the overall risk level of the facilities and
  entities inspected by the department under:
               (1)  Chapter 51, Family Code;
               (2)  Section 221.008 of this code; and
               (3)  Subtitle C, Title 12, of this code.
         (b)  The risk factors described by Subsection (a) may
  include:
               (1)  the entity type;
               (2)  available programming;
               (3)  past and repeat standards violations;
               (4)  the volume and types of complaints received by the
  department;
               (5)  recent leadership changes;
               (6)  high staff turnover;
               (7)  relevant findings from the office of independent
  ombudsman and the office of inspector general;
               (8)  negative media attention; and
               (9)  the number of months since the date of the
  department's last inspection of the entity.
         (c)  The department shall use the risk factors developed
  under this section to guide the inspections process for facilities
  and entities described by Subsection (a) by developing risk
  assessment tools with clear, objective standards to use in
  assessing the overall risk level of each entity.
         (d)  The department may develop distinct assessment tools
  under Subsection (c) for different entity types, as appropriate.
         (e)  The department shall periodically review the assessment
  tools developed under this section to ensure that the tools remain
  up to date and meaningful, as determined by the department.
         Sec. 203.0085.  RISK-BASED INSPECTIONS.  (a)  The department
  shall adopt a policy prioritizing inspections conducted by the
  department under:
               (1)  Chapter 51, Family Code;
               (2)  Section 221.008 of this code; and
               (3)  Subtitle C, Title 12, of this code.
         (b)  The policy under Subsection (a) must require the
  department to:
               (1)  prioritize the inspection of entities based on the
  relative risk level of each entity; and
               (2)  use the risk assessment tools established under
  Section 203.0084 to determine how frequently and intensively the
  department conducts risk-based inspections.
         (c)  The policy under Subsection (a) may provide for the
  department to use alternative inspection methods for entities
  determined to be low risk, including the following methods:
               (1)  desk audits of key documentation;
               (2)  abbreviated inspection procedures;
               (3)  videoconference technology; and
               (4)  other methods that are an alternative to
  conducting an in-person inspection.
         (d)  On request by the department, a juvenile probation
  department or a private facility under the department's
  jurisdiction shall provide information on a routine basis, as
  determined by the department, to assist the department in
  implementing a risk-based inspection schedule.
         SECTION 24.  Section 203.010(c), Human Resources Code, is
  amended to read as follows:
         (c)  Criminal complaints initially referred to the office of
  [the] inspector general relating to juvenile probation programs,
  services, or facilities shall be sent to the appropriate local law
  enforcement agency. The office of inspector general has concurrent
  jurisdiction on agreement with the local law enforcement agency to
  conduct a criminal investigation under Section 242.102. Any other
  complaint shall be referred to the appropriate division of the
  department. The board by rule shall establish policies for the
  referral of noncriminal complaints.
         SECTION 25.  Chapter 203, Human Resources Code, is amended
  by adding Section 203.0101 to read as follows:
         Sec. 203.0101.  STATISTICAL ANALYSIS OF COMPLAINTS. (a)  
  The department shall make available on the department's Internet
  website a statistical analysis of the complaints received against
  certified officers by the department.
         (b)  The complaint analysis under this section must include
  aggregate information on the number, source, type, and disposition
  of complaints received against certified officers during the
  preceding fiscal year and include the following information:
               (1)  the number of certified officers by certification
  type;
               (2)  the number of complaints against certified
  officers by certification type;
               (3)  the number of complaints resolved and the manner
  of resolution, including:
                     (A)  the total number of agreed, default, and
  board orders entered;
                     (B)  the total number of cases referred for
  contested case hearings by the State Office of Administrative
  Hearings;
                     (C)  the total number of contested cases heard by
  the State Office of Administrative Hearings; and
                     (D)  the total number of contested cases that were
  appealed to a district court;
               (4)  the average number of days required to resolve a
  complaint;
               (5)  a detailed analysis of the resolution for each
  closed complaint, by the nature of the alleged violation; and
               (6)  a detailed analysis of each closed complaint, by
  source.
         SECTION 26.  Section 203.013, Human Resources Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The executive director shall acknowledge receipt of and
  discuss the results of internal audits with the board.
         SECTION 27.  Section 203.014(c), Human Resources Code, is
  amended to read as follows:
         (c)  The office of inspector general shall operate the
  toll-free number required by Subsection (a) and the 24-hour
  incident reporting center and [department] shall share the
  complaints received with the appropriate department entity [on the
  toll-free number with the office of inspector general and the
  office of the independent ombudsman].
         SECTION 28.  Section 203.017, Human Resources Code, is
  amended by adding Subsections (a-1), (a-2), (b-1), and (e-1) and
  amending Subsection (e) to read as follows:
         (a-1)  The department shall update and submit the
  regionalization plan developed under Subsection (a) to the Sunset
  Advisory Commission and standing legislative committees with
  primary jurisdiction over juvenile justice matters by December 1 of
  each even-numbered year. Before submitting the plan, the
  department must present an updated draft of the regionalization
  plan to the board for public comment and board approval.
         (a-2)  The department may incorporate relevant suggestions,
  needs, or recommendations from the regionalization plan into
  subsequent strategic plans, legislative appropriation requests,
  and any other necessary document to support the plan's
  implementation.
         (b-1)  In addition to the requirements of Subsection (b), in
  developing the regionalization plan, the department shall consult
  with:
               (1)  the advisory council on juvenile services;
               (2)  juvenile probation departments;
               (3)  regional juvenile probation associations;
               (4)  advocacy groups;
               (5)  parents and guardians of children under the
  jurisdiction of the department;
               (6)  individuals formerly involved in the juvenile
  justice system; and
               (7)  any other stakeholder the department determines
  may be helpful.
         (e)  The regionalization plan must, as applicable:
               (1)  include a budget review, redirection of staff, and
  funding mechanisms necessary to support the plan;
               (2)  create a new division of the department
  responsible for administering the regionalization plan and
  monitoring program quality and accountability;
               (3)  [include sufficient mechanisms to divert at least:
                     [(A)  30 juveniles from commitment to secure
  facilities operated by the department for the state fiscal year
  beginning September 1, 2015; and
                     [(B)  150 juveniles from commitment to secure
  facilities operated by the department for the state fiscal year
  beginning September 1, 2016; and
               [(4)]  for the state fiscal year beginning September 1,
  2017, and each subsequent state fiscal year, include any savings
  that are generated by the decreases in the population of the secure
  facilities operated by the department under Subtitle C that exceed
  the cost of implementing the plan;
               (4)  include:
                     (A)  information on the department's compliance
  with statutory regionalization requirements;
                     (B)  information on internal goals for diverting
  children from commitment to the department; and
                     (C)  an analysis of rates of commitment to the
  custody of the department, broken down by region and county, and any
  relevant recommendations regarding trends in these rates; and
               (5)  include specific, actionable steps regarding how
  the department will enhance regional capacity, coordination, and
  collaboration among juvenile probation departments to keep
  children closer to home as an alternative to commitment to the
  department's facilities while ensuring access to programs and the
  supervision necessary to maintain public safety.
         (e-1)  In developing the steps under Subsection (e)(5), the
  department shall consider:
               (1)  options to target or expand funding for juvenile
  probation departments to enhance community-based programs and
  maximize the use of existing juvenile justice beds;
               (2)  opportunities to use financial and other
  incentives to encourage diversion, facilitate cooperation within
  and across the regions established under Subsection (c), and
  emphasize the benefits of sharing available resources among
  counties;
               (3)  plans for creating additional capacity to minimize
  gaps in juvenile justice beds and services at the local level,
  including the expansion or development of beds and facilities
  designated specifically for regional use; and
               (4)  processes for downsizing, closing, or repurposing
  large state secure facilities to shift toward a more regionally
  based juvenile justice system.
         SECTION 29.  Section 203.018(e), Human Resources Code, is
  amended to read as follows:
         (e)  The department or any local probation department may
  [not] use or contract with a facility that was constructed or
  previously used for the confinement of adult offenders if the
  department determines that the facility is appropriately
  retrofitted to accommodate youth-specific requirements and needs.
         SECTION 30.  Chapter 203, Human Resources Code, is amended
  by adding Section 203.0185 to read as follows:
         Sec. 203.0185.  RESOURCE MAPPING. (a)  The department shall
  partner with one or more public or private institutions of higher
  education to inventory and map resources available for children in
  the juvenile justice system. To determine the types of information
  the department requires to timely identify and address resource,
  program, and service gaps in probation regions that result in
  commitments to department secure facilities, the department shall
  consult with:
               (1)  institutions of higher education;
               (2)  the advisory council on juvenile services; and
               (3)  other relevant stakeholders.
         (b)  The board shall adopt rules requiring juvenile
  probation departments, at useful and reasonable intervals, to
  report to the department relevant information on resource, program,
  and service gaps identified under Subsection (a), including
  information on:
               (1)  the needs of children committed to the department
  that are not being met with community resources; and
               (2)  the types of resources, programs, and services
  that, if available in the community, may allow juvenile probation
  departments to keep children closer to home as an alternative to
  commitment to the department.
         SECTION 31.  Section 221.002, Human Resources Code, is
  amended by adding Subsection (d-1) to read as follows:
         (d-1)  In adopting rules under Subsection (a)(4), the board
  shall authorize a juvenile probation department to house a child
  committed to the department in a pre-adjudication secure detention
  facility or a post-adjudication secure correctional facility as the
  child awaits transfer to the department.
         SECTION 32.  Section 221.056(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department may contract with a local mental health
  [and mental retardation] authority for the establishment of a
  residential treatment facility for juveniles with mental illness or
  emotional injury who, as a condition of juvenile probation, are
  ordered by a court to reside at the facility and receive education
  services at the facility. The department may work in cooperation
  with the local mental health [and mental retardation] authority to
  provide mental health residential treatment services for juveniles
  residing at a facility established under this section.
         SECTION 33.  Section 222.001, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (b-1) to
  read as follows:
         (a)  To be eligible for appointment as a probation officer, a
  person who was not employed as a probation officer before September
  1, 1981, must:
               (1)  [be of good moral character;
               [(2)  have acquired a bachelor's degree conferred by a
  college or university accredited by an accrediting organization
  recognized by the Texas Higher Education Coordinating Board;
               [(3)  have either:
                     [(A)  one year of graduate study in criminology,
  corrections, counseling, law, social work, psychology, sociology,
  or other field of instruction approved by the department; or
                     [(B)  one year of experience in full-time case
  work, counseling, or community or group work:
                           [(i)  in a social service, community,
  corrections, or juvenile agency that deals with offenders or
  disadvantaged persons; and
                           [(ii)  that the department determines
  provides the kind of experience necessary to meet this requirement;
               [(4)]  have satisfactorily completed the course of
  preservice training or instruction and any continuing education
  required by the department;
               (2) [(5)]  have passed the tests or examinations
  required by the department; and
               (3) [(6)]  possess the level of certification required
  by the department.
         (b-1)  The department by rule shall establish, with input
  from the advisory council on juvenile services and other relevant
  stakeholders, the minimum education and experience requirements a
  person must meet to be eligible for a juvenile probation officer
  certification. Rules adopted by the department under this
  subsection must be the least restrictive rules possible to ensure
  certified juvenile probation officers are qualified to protect
  children and public safety without creating barriers to entry into
  the profession.
         SECTION 34.  Section 222.002, Human Resources Code, is
  amended to read as follows:
         Sec. 222.002.  MINIMUM STANDARDS FOR DETENTION OFFICERS.  To
  be eligible for appointment as a detention officer, a person who was
  not employed as a detention officer before September 1, 2005, must:
               (1)  [be of good moral character;
               [(2)]  be at least 21 years of age;
               (2) [(3)]  have acquired a high school diploma or its
  equivalent;
               (3) [(4)]  have satisfactorily completed the course of
  preservice training or instruction required by the department;
               (4) [(5)]  have passed the tests or examinations
  required by the department; and
               (5) [(6)]  possess the level of certification required
  by the department.
         SECTION 35.  Subchapter B, Chapter 222, Human Resources
  Code, is amended by adding Sections 222.0521 and 222.0522 to read as
  follows:
         Sec. 222.0521.  APPLICATION OF CERTAIN LAW. Chapter 53,
  Occupations Code, applies to the issuance of a certification issued
  by the department.
         Sec. 222.0522.  PROVISIONAL CERTIFICATION. (a)  The
  department may issue a provisional certification to an employee of
  a juvenile probation department or a private facility that houses
  youth on probation until the employee is certified under Section
  222.001, 222.002, or 222.003, as applicable.
         (b)  The department shall adopt rules to implement
  Subsection (a), including rules regarding eligibility for
  provisional certification and application procedures.
         SECTION 36.  Section 223.001, Human Resources Code, is
  amended by adding Subsections (a-1), (a-2), and (d-1) and amending
  Subsection (c) to read as follows:
         (a-1)  The department may incorporate as factors in the basic
  probation funding formula under Subsection (a) measures that create
  incentives for diverting children from the juvenile justice system.
  The department may prioritize factors for which the department
  collects relevant information.  The board may adopt rules
  establishing and defining the factors under this subsection.
         (a-2)  When revising the basic probation funding formula
  under Subsection (a), the department shall consult and coordinate
  with relevant stakeholders, including:
               (1)  the advisory council on juvenile services; and
               (2)  the Legislative Budget Board.
         (c)  The department shall set aside a portion of the funds
  appropriated to the department for discretionary state aid to fund
  programs designed to address special needs or projects of local
  juvenile boards, including projects dedicated to specific target
  populations based on risk and needs, and with established
  recidivism reduction goals.  The department shall develop
  discretionary grant funding protocols based on documented,
  data-driven, and research-based practices.  The department may
  incorporate incentives into the discretionary grant funding
  protocols that encourage collaboration between juvenile probation
  departments.
         (d-1)  The board, in consultation with the advisory council
  on juvenile services, shall adopt rules requiring a juvenile
  probation department to apply for the placement of a child in a
  regional specialized program before a juvenile court commits the
  child to the department's custody under Chapter 54, Family Code.
  The board by rule may establish exceptions to this requirement for
  offenses or circumstances the department considers inappropriate
  for diversion from commitment to state custody.
         SECTION 37.  Chapter 241, Human Resources Code, is amended
  by adding Section 241.009 to read as follows:
         Sec. 241.009.  COMMITMENT INFORMATION. (a)  Not later than
  October 1 of each year, the department shall publish on the
  department's Internet website aggregated information on the number
  of children committed to the department during the previous fiscal
  year, categorized by:
               (1)  committing offense level;
               (2)  sentence type;
               (3)  age; and
               (4)  sex.
         (b)  The department shall publish quarterly on the
  department's Internet website end-of-month data described by
  Subsection (a), aggregated for all children committed to the
  department and for children placed in each secure facility and
  halfway house.
         (c)  The department shall ensure that information regarding
  an individual child cannot be identified in any of the aggregated
  information published under this section.
         SECTION 38.  The heading to Section 242.002, Human Resources
  Code, is amended to read as follows:
         Sec. 242.002.  [EVALUATION OF] TREATMENT PROGRAMS;
  AVAILABILITY.
         SECTION 39.  Sections 242.002(c) and (d), Human Resources
  Code, are amended to read as follows:
         (c)  The department shall offer or make available programs
  for the rehabilitation and reestablishment in society of children
  committed to the department, including programs for females and for
  sex offenders, capital offenders, children who are chemically
  dependent, and children with mental illness, [described by
  Subsection (a)] in an adequate manner so that a child in the custody
  of the department receives appropriate rehabilitation services
  recommended for the child by the court committing the child to the
  department.
         (d)  If the department is unable to offer or make available
  programs described by [Subsection (a) in the manner provided by]
  Subsection (c), the department shall, not later than December 31 of
  each even-numbered year, provide the standing committees of the
  senate and house of representatives with primary jurisdiction over
  matters concerning correctional facilities with a report
  explaining:
               (1)  which programs are not offered or are unavailable;
  and
               (2)  the reason the programs are not offered or are
  unavailable.
         SECTION 40.  Section 242.056(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department shall allow advocacy and support groups
  whose primary functions are to benefit children, inmates, girls and
  women, persons with mental illness [the mentally ill], or victims
  of sexual assault to provide on-site information, support, and
  other services for children confined in department facilities.
         SECTION 41.  Section 242.102, Human Resources Code, is
  amended by amending Subsections (a), (b), (c), (d), (e), (g), and
  (h) and adding Subsections (a-1), (a-2), (b-1), (c-1), and (j) to
  read as follows:
         (a)  The office of inspector general is established at the
  department under the direction of the board as a law enforcement
  agency for the purpose of:
               (1)  preventing, detecting, and investigating:
                     (A)  crimes committed by department employees,
  including parole officers employed by or under a contract with the
  department; and
                     (B)  crimes and delinquent conduct committed at a
  facility operated by the department, a residential facility
  operated by another entity under a contract with the department, or
  any facility in which a child committed to the custody of the
  department is housed or receives medical or mental health
  treatment, including:
                           (i)  unauthorized or illegal entry into a
  department facility;
                           (ii)  the introduction of contraband into a
  department facility;
                           (iii)  escape from a secure facility; and
                           (iv)  organized criminal activity; [and]
               (2)  investigating complaints received under Section
  203.010 involving allegations of abuse, neglect, or exploitation of
  children in juvenile justice programs or facilities under Section
  261.405, Family Code;
               (3)  investigating complaints of abuse, neglect, or
  exploitation of:
                     (A)  juveniles housed in a pre-adjudication or
  post-adjudication public or private secure or nonsecure facility
  regardless of licensing entity; and
                     (B)  juveniles committed to the department;
               (4)  apprehending juveniles after escape or violation
  of release conditions as described by Section 243.051;
               (5)  investigating gang-related activity within the
  juvenile justice system; and
               (6)  performing entry security and exterior perimeter
  security searches for a department-operated secure correctional
  facility, as defined by Section 51.02, Family Code.
         (a-1)  The office of inspector general has concurrent
  jurisdiction on agreement with the local law enforcement agency to
  conduct a criminal investigation under Subsection (a)(3).
         (a-2)  The office of inspector general shall operate the
  incident reporting center for the department under Section 203.014.
         (b)  The office of inspector general shall prepare an
  investigative [and deliver a] report concerning the results of
  investigations [any investigation] conducted under this section
  and may deliver the report to any of the following:
               (1)  the department [board];
               (2)  the appropriate district or county attorney
  [executive director];
               (3)  any applicable advisory board;
               (4)  the governor;
               (5)  the lieutenant governor;
               (6)  the speaker of the house of representatives;
               (7)  the standing committees of the senate and house of
  representatives with primary jurisdiction over matters concerning
  correctional facilities;
               (8)  the special prosecution unit;
               (9)  the state auditor; or [and]
               (10)  any other appropriate state agency responsible
  for licensing or certifying department employees or facilities.
         (b-1)  An individual or entity that receives a report under
  Subsection (b) may not disclose the information unless otherwise
  authorized by law.
         (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 determination [finding] that abuse,
  neglect, or exploitation, a criminal offense, or delinquent conduct
  occurred, and a description of the determination [finding]. The
  report is public information under Chapter 552, Government Code,
  only to the extent authorized under that chapter and other law.
         (c-1)  The board by rule shall require any findings related
  to an administrative investigation under Subsection (a)(2) to be
  reviewed for legal sufficiency before being made public.
         (d)  The office of inspector general may employ
  investigators and security officers and employ and appoint
  [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 appointed [commissioned]
  under Subsection (d) must:
               (1)  be certified by the Texas Commission on Law
  Enforcement under Chapter 1701, Occupations Code; and
               (2)  complete advanced courses relating to the duties
  of peace officers employed and appointed [commissioned] under
  Subsection (d) as part of any continuing education requirements for
  the peace officers.
         (g)  The chief inspector general shall on a quarterly basis
  prepare and deliver a report concerning the operations of the
  office of inspector general to:
               (1)  the board;
               (2)  the executive director;
               (3)  any applicable advisory board;
               (4)  the governor;
               (5)  the lieutenant governor;
               (6)  the speaker of the house of representatives;
               (7)  the standing committees of the senate and house of
  representatives with primary jurisdiction over correctional
  facilities;
               (8)  the state auditor; [and]
               (9)  the comptroller; and
               (10)  the special prosecution unit.
         (h)  A report prepared under Subsection (g) is public
  information under Chapter 552, Government Code, to the extent
  authorized under that chapter and other law, and the department
  shall publish the report on the department's Internet website. A
  report must be both aggregated and disaggregated by individual
  facility and include information relating to:
               (1)  the types of investigations conducted by the
  office of inspector general, such as whether an investigation
  concerned narcotics or an alleged incident of sexual abuse;
               (2)  the relationship of a victim to a perpetrator, if
  applicable; [and]
               (3)  the number of investigations conducted concerning
  suicides, deaths, and hospitalizations of children in the custody
  of the department at secure facilities, on parole, or at other
  placement locations; and
               (4)  the final disposition of any complaint received
  under Section 203.010 related to juvenile probation departments and
  Section 261.405, Family Code, that concerns the abuse, neglect, or
  exploitation of a juvenile.
         (j)  The department shall ensure that a peace officer
  appointed under Subsection (d) is compensated according to Schedule
  C of the position classification salary schedule prescribed by the
  General Appropriations Act.
         SECTION 42.  Section 243.001, Human Resources Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The department shall place a child in the most
  restrictive setting appropriate as the child awaits an adjudication
  or prosecution for conduct constituting a felony of the first or
  second degree while in the department's custody. The board by rule
  shall establish placement procedures that guide the department in
  determining the most appropriate setting for the child based on
  rehabilitative needs while preserving due process rights.
         SECTION 43.  The heading to Section 244.011, Human Resources
  Code, is amended to read as follows:
         Sec. 244.011.  CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL
  DISABILITIES [MENTAL RETARDATION].
         SECTION 44.  Sections 244.011(a), (b), (e), (f), and (g),
  Human Resources Code, are amended to read as follows:
         (a)  The department shall accept a child with mental illness
  or intellectual disabilities who is committed to the department
  [who is mentally ill or mentally retarded].
         (b)  Unless the [a] child is committed to the department
  under a determinate sentence under Section 54.04(d)(3), 54.04(m),
  or 54.05(f), Family Code, the department shall discharge a child
  with mental illness or intellectual disabilities [who is mentally
  ill or mentally retarded] from its custody if:
               (1)  the child has completed the minimum length of stay
  for the child's committing offense; and
               (2)  the department determines that the child is unable
  to progress in the department's rehabilitation programs because of
  the child's mental illness or intellectual disabilities [mental
  retardation].
         (e)  If a child who is discharged from the department under
  Subsection (b) as a result of an intellectual disability [mental
  retardation] is not receiving intellectual disability [mental
  retardation] services, the child's discharge is effective on the
  earlier of:
               (1)  the date the court enters an order regarding an
  application for intellectual disability [mental retardation]
  services filed under Section 244.012(b); or
               (2)  the 30th day after the date that the application is
  filed.
         (f)  If a child who is discharged from the department under
  Subsection (b) as a result of an intellectual disability [mental
  retardation] is receiving intellectual disability [mental
  retardation] services, the child's discharge from the department
  is effective immediately.
         (g)  If a child with mental illness or intellectual
  disabilities [who is mentally ill or mentally retarded] is
  discharged from the department under Subsection (b), the child is
  eligible to receive continuity of care services from the Texas
  Correctional Office on Offenders with Medical or Mental Impairments
  under Chapter 614, Health and Safety Code.
         SECTION 45.  Section 244.012, Human Resources Code, is
  amended to read as follows:
         Sec. 244.012.  EXAMINATION BEFORE DISCHARGE.  (a)  The
  department shall establish a system that identifies children with
  mental illness or intellectual disabilities in the department's
  custody [who are mentally ill or mentally retarded].
         (b)  Before a child with mental illness [who is identified as
  mentally ill] is discharged from the department's custody under
  Section 244.011(b), a department psychiatrist shall examine the
  child.  The department shall refer a child requiring outpatient
  psychiatric treatment to the appropriate mental health authority.  
  For a child requiring inpatient psychiatric treatment, the
  department shall file a sworn application for court-ordered mental
  health services, as provided in Subchapter C, Chapter 574, Health
  and Safety Code, if:
               (1)  the child is not receiving court-ordered mental
  health services; and
               (2)  the psychiatrist who examined the child determines
  that the child is a child with mental illness [mentally ill] and the
  child meets at least one of the criteria listed in Section 574.034
  or 574.0345, Health and Safety Code.
         (c)  Before a child who is identified as having an
  intellectual disability [mentally retarded] under Chapter 593,
  Health and Safety Code, is discharged from the department's custody
  under Section 244.011(b), the department shall refer the child for
  intellectual disability [mental retardation] services if the child
  is not receiving intellectual disability [mental retardation]
  services.
         SECTION 46.  Sections 245.0535(h) and (i), Human Resources
  Code, are amended to read as follows:
         (h)  The department shall conduct and coordinate research:
               (1)  to determine whether the comprehensive reentry and
  reintegration plan developed under this section reduces recidivism
  rates; and
               (2)  to review the effectiveness of the department's
  programs for the rehabilitation and reestablishment in society of
  children committed to the department, including programs for
  females and for sex offenders, capital offenders, children who are
  chemically dependent, and children with mental illness.
         (i)  Not later than December 31 of each even-numbered year,
  the department shall deliver a report of the results of research
  conducted or coordinated under Subsection (h) to the lieutenant
  governor, the speaker of the house of representatives, the
  Legislative Budget Board, and the standing committees of each house
  of the legislature with primary jurisdiction over juvenile justice
  and corrections.
         SECTION 47.  Section 261.002, Human Resources Code, is
  amended to read as follows:
         Sec. 261.002.  ESTABLISHMENT; PURPOSE.  The office of
  independent ombudsman is a state agency established for the purpose
  of investigating, evaluating, and securing the rights of [the]
  children:
               (1)  committed to the department, including a child
  released under supervision before final discharge; and
               (2)  adjudicated for conduct that constitutes an
  offense and placed in a facility operated by or contracted with a
  juvenile probation department or juvenile board.
         SECTION 48.  Section 261.056(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department shall allow any child committed to the
  department or adjudicated for conduct that constitutes an offense
  and placed in a facility operated by or contracted with a juvenile
  probation department or juvenile board to communicate with the
  independent ombudsman or an assistant to the ombudsman.  The
  communication:
               (1)  may be in person, by mail, or by any other means;
  and
               (2)  is confidential and privileged.
         SECTION 49.  Section 261.057, Human Resources Code, is
  amended to read as follows:
         Sec. 261.057.  PROMOTION OF AWARENESS OF OFFICE.  The
  independent ombudsman shall promote awareness among the public and
  the children committed to the department or adjudicated for conduct
  that constitutes an offense and placed in a facility operated by or
  contracted with a juvenile probation department or juvenile board
  of:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
         SECTION 50.  Section 261.061(c), Human Resources Code, is
  amended to read as follows:
         (c)  The office shall periodically notify the complaint
  parties of the status of the complaint until final disposition
  unless the notice would jeopardize an investigation.
         SECTION 51.  Section 261.101, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (g) to
  read as follows:
         (a)  The independent ombudsman shall:
               (1)  review the procedures established by the board and
  evaluate the delivery of services to children to ensure that the
  rights of children are fully observed;
               (2)  review complaints filed with the independent
  ombudsman concerning the actions of the department, juvenile
  probation departments, or other entities operating facilities in
  which children adjudicated for conduct that constitutes an offense
  are placed and investigate each complaint in which it appears that a
  child may be in need of assistance from the independent ombudsman;
               (3)  conduct investigations of complaints, other than
  complaints alleging criminal behavior, if the office determines
  that:
                     (A)  a child committed to the department, a child
  adjudicated for conduct that constitutes an offense and placed in a
  facility operated by or contracted with a juvenile probation
  department or juvenile board, or the child's family may be in need
  of assistance from the office; or
                     (B)  a systemic issue raised in a complaint about 
  the [department's] provision of services to children by the
  department, juvenile probation departments, or other entities
  operating facilities in which children adjudicated for conduct that
  constitutes an offense are placed [is raised by a complaint];
               (4)  review or inspect periodically the facilities and
  procedures of any institution or residence in which a child
  adjudicated for conduct that constitutes an offense has been placed
  by the department or a juvenile probation department, whether
  public or private, to ensure that the rights of children are fully
  observed;
               (5)  provide assistance to a child or family who the
  independent ombudsman determines is in need of assistance,
  including advocating with an agency, provider, or other person in
  the best interests of the child;
               (6)  review court orders as necessary to fulfill its
  duties;
               (7)  recommend changes in any procedure relating to the
  treatment of children committed to the department or adjudicated
  for conduct that constitutes an offense and placed in a facility
  operated by or contracted with a juvenile probation department or
  juvenile board;
               (8)  make appropriate referrals under any of the duties
  and powers listed in this subsection;
               (9)  supervise assistants who are serving as advocates
  in internal administrative and disciplinary hearings by
  representing [in their representation of] children committed to the
  department or adjudicated for conduct that constitutes an offense
  and placed in a facility operated by or contracted with a juvenile
  probation department or juvenile board [internal administrative
  and disciplinary hearings];
               (10)  review reports received by the department
  relating to complaints regarding juvenile probation programs,
  services, or facilities and analyze the data contained in the
  reports to identify trends in complaints;
               (11)  report a possible standards violation by a
  [local] juvenile probation department to the appropriate division
  of the department; and
               (12)  immediately report the findings of any
  investigation related to the operation of a post-adjudication
  correctional facility in a county to the chief juvenile probation
  officer and the juvenile board of the county.
         (g)  The department and juvenile probation departments shall
  notify the office regarding any private facility described by
  Subsection (f)(1) with which the department or the juvenile
  probation department contracts to place children adjudicated as
  having engaged in conduct indicating a need for supervision or
  delinquent conduct.  The report under this subsection must be made
  annually and updated at the time a new contract is entered into with
  a facility described by this subsection.  The office shall adopt
  rules to implement the reporting requirements under this
  subsection, including the specific times the report must be made.
         SECTION 52.  Section 261.102, Human Resources Code, is
  amended to read as follows:
         Sec. 261.102.  TREATMENT OF [DEPARTMENT] EMPLOYEES WHO
  COOPERATE WITH INDEPENDENT OMBUDSMAN.  The department, a juvenile
  probation department, or another entity operating a facility in
  which children adjudicated for conduct that constitutes an offense
  are placed may not discharge or in any manner discriminate or
  retaliate against an employee who in good faith makes a complaint to
  the office of independent ombudsman or cooperates with the office
  in an investigation.
         SECTION 53.  Subchapter C, Chapter 261, Human Resources
  Code, is amended by adding Sections 261.105 and 261.106 to read as
  follows:
         Sec. 261.105.  RISK FACTORS AND RISK ASSESSMENT TOOLS. (a)  
  The office shall develop a comprehensive set of risk factors to use
  in assessing the overall risk level of facilities and entities
  described by Section 261.101(f) and of department parole offices.  
  The risk factors may include:
               (1)  the entity type;
               (2)  past and repeat children's rights violations;
               (3)  the volume and types of complaints received by the
  office;
               (4)  recent changes in a facility or parole office
  leadership;
               (5)  high staff turnover;
               (6)  relevant investigations by the office of the
  inspector general of the department;
               (7)  negative media attention; and
               (8)  the number of months since the date of the office's
  last inspection of the entity.
         (b)  The office shall use the risk factors developed under
  this section to guide the inspections of facilities and entities
  described by Section 261.101(f), and of department parole offices,
  by developing risk assessment tools with clear, objective standards
  to use in assessing the overall risk level of each facility, entity,
  or parole office.
         (c)  The office may develop distinct assessment tools under
  Subsection (b) for different entity types, as appropriate.
         (d)  The office shall periodically review the assessment
  tools developed under this section to ensure that the tools remain
  up to date and meaningful, as determined by the office.
         Sec. 261.106.  RISK-BASED INSPECTIONS.  (a)  The office
  shall adopt a policy prioritizing the inspection of facilities
  conducted under Section 261.101(f) and of department parole offices
  based on the relative risk level of each entity.
         (b)  The policy under Subsection (a) must require the office
  to use the risk assessment tools established under Section 261.105
  to determine how frequently and intensively the office conducts
  risk-based inspections.
         (c)  The policy under Subsection (a) may provide for the
  office to use alternative inspection methods for entities
  determined to be low risk, including the following methods:
               (1)  desk audits of key documentation;
               (2)  abbreviated inspection procedures;
               (3)  videoconference technology; and
               (4)  other methods that are an alternative to
  conducting an in-person inspection.
         (d)  On request by the office, the department, a juvenile
  probation department, or a private facility under the office's
  jurisdiction shall provide information on a routine basis, as
  determined by the office, to assist the office in implementing a
  risk-based inspection schedule.
         SECTION 54.  Section 261.151(c), Human Resources Code, is
  amended to read as follows:
         (c)  A local law enforcement agency shall allow the
  independent ombudsman access to its records relating to any child
  in the care or custody of the department or any child adjudicated
  for conduct that constitutes an offense and placed in a facility
  operated by or contracted with a juvenile probation department or
  juvenile board.
         SECTION 55.  Section 261.152, Human Resources Code, is
  amended to read as follows:
         Sec. 261.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.  
  The independent ombudsman shall have access to the records of a
  private entity that relate to a child committed to the department or
  a child adjudicated for conduct that constitutes an offense and
  placed in a private facility contracted with a juvenile probation
  department or juvenile board.
         SECTION 56.  Subchapter D, Chapter 261, Human Resources
  Code, is amended by adding Section 261.153 to read as follows:
         Sec. 261.153.  ACCESS TO INFORMATION OF JUVENILE PROBATION
  DEPARTMENTS. The independent ombudsman shall have access to the
  records of a juvenile probation department that relate to a child
  adjudicated for conduct that constitutes an offense and placed in a
  facility operated by or contracted with a juvenile probation
  department or juvenile board.
         SECTION 57.  The following provisions are repealed:
               (1)  Sections 58.009(d), (f), and (g), Family Code;
               (2)  Section 221.011, Human Resources Code;
               (3)  Section 221.055, Human Resources Code;
               (4)  Sections 222.001(b) and (f), Human Resources Code;
               (5)  Sections 242.002(a) and (b), Human Resources Code;
               (6)  Section 243.052, Human Resources Code; and
               (7)  Section 246.002, Human Resources Code.
         SECTION 58.  (a)  Not later than January 1, 2024, the Texas
  Juvenile Justice Department shall repeal any rule requiring that an
  individual must be of good moral character to qualify for a
  department certification.
         (b)  Not later than December 1, 2024, the Texas Juvenile
  Justice Department shall submit the first updated regionalization
  plan required by Section 203.017(a-1), Human Resources Code, as
  added by this Act.
         SECTION 59.  (a)  Notwithstanding Section 202.001(b), Human
  Resources Code, as amended by this Act, and except as otherwise
  provided by this subsection, the term for a member of the Texas
  Juvenile Justice Board serving on September 1, 2023, expires on
  that date.  A board member serving on that date may continue to
  serve as a member of the board until a majority of appointments to
  the board are made under Subsection (b) of this section.  A member
  of the board described by this subsection is eligible for
  reappointment under Subsection (b) of this section.
         (b)  In making the initial appointments to the board
  according to the changes in law made by this Act to Section 202.001,
  Human Resources Code, the governor shall designate:
               (1)  three members to serve terms expiring February 1,
  2025;
               (2)  four members to serve terms expiring February 1,
  2027; and
               (3)  four members to serve terms expiring February 1,
  2029.
         SECTION 60.  (a) Except as provided by Subsection (b) of
  this section, Section 202.006, Human Resources Code, as amended by
  this Act, applies to a member of the Texas Juvenile Justice Board
  appointed before, on, or after the effective date of this Act.
         (b)  A member of the Texas Juvenile Justice Board who before
  the effective date of this Act completed the training program
  required by Section 202.006, Human Resources Code, as that law
  existed before the effective date of this Act, is only required to
  complete additional training on the subjects added by this Act to
  the training program required by Section 202.006, Human Resources
  Code. A board member described by this subsection may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the board held on or after December 1, 2023, until the member
  completes the additional training.
         SECTION 61.  (a)  The classification officer in the office
  of the state auditor shall classify the position of appointed peace
  officer employed by the office of inspector general of the Texas
  Juvenile Justice Department as a Schedule C position under the
  Texas Position Classification Plan.
         (b)  The change made by the classification officer as
  required by this section applies beginning with the state fiscal
  biennium beginning September 1, 2023.
         (c)  This section expires September 1, 2025.
         SECTION 62.  Section 661.918(a), Government Code, as amended
  by this Act, applies only to an injury that occurs on or after the
  effective date of this Act.
         SECTION 63.  This Act takes effect September 1, 2023.
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