Law:Title 3. Facilities And Services For Children (Texas)

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Subtitle A. Facilities For Children

Contents

Chapter 61. Texas Youth Commission

Subchapter A. General Provisions

Section  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.



Section  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 Provisions

Section  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.



Section  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.



Section 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.



Section 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) Expired.

(1) Expired.

(2) Expired.

(3) Expired.

(c) Expired.

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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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 Duties

Section  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.



Section 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.



Section  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.



Section  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.



Section 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.



Section 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.



Section 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.



Section  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.



Section 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.



Section 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.



Section  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.



Section 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.



Section  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.



Section 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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section 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.



Section  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.



Section  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.



Section 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.



Section  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.



Section 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.



Section  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.



Section 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.



Section 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.



Section 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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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 Commitment

Section 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.



Section 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 minimum length of stay for a child, the commission shall consider:

(1)  the nature of and seriousness of the conduct engaged in by the child; and

(2)  the danger the child poses to the community.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 43, eff. June 8, 2007.



Section  61.064.  Conveyance Of Child To Commission.

(a) When a child is to be conveyed to a facility designated by the commission, the juvenile court shall assign an officer or other suitable person to accompany the child. The person assigned to accompany a female must be a woman.

(b)  The cost of conveying the child shall be paid by the county from which the child is committed. However, no compensation shall be allowed except for the actual and necessary expenses of the child and the person accompanying the child.

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 174, ch. 44, art. 2, Sec. 32, eff. April 26, 1983.



Section  61.065.  Notification And Duty To Furnish Information.

(a) When a juvenile court commits a child to the commission, the court shall forward to the commission a certified copy of the order of commitment.

(b)  The court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the commission all pertinent information in their possession regarding the case.

(c)  If requested by the commission, the reports required by this section shall be made on forms furnished by the commission or according to an outline furnished by the commission.

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 174, ch. 44, art. 2, Sec. 33, eff. April 26, 1983.



Section 61.0651.  Information Provided By Committing Court.

In addition to the information provided under Section 61.065, a court that commits a child to the commission shall provide the commission with a copy of the following documents:

(1)  the petition and the adjudication and disposition orders for the child, including the child's thumbprint;

(2)  if the commitment is a result of revocation of probation, a copy of the conditions of probation and the revocation order;

(3)  the social history report for the child;

(4)  any psychological or psychiatric reports concerning the child;

(5)  the contact information sheet for the child's parents or guardian;

(6)  any law enforcement incident reports concerning the offense for which the child is committed;

(7)  any sex offender registration information concerning the child;

(8)  any juvenile probation department progress reports concerning the child;

(9)  any assessment documents concerning the child;

(10)  the computerized referral and case history for the child, including case disposition;

(11)  the child's birth certificate;

(12)  the child's social security number or social security card, if available;

(13)  the name, address, and telephone number of the court administrator in the committing county;

(14)  Title IV-E eligibility screening information for the child, if available;

(15)  the address in the committing county for forwarding funds collected to which the committing county is entitled;

(16)  any of the child's school or immunization records that the committing county possesses;

(17)  any victim information concerning the case for which the child is committed; and

(18)  any of the child's pertinent medical records that the committing court possesses.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 43, eff. June 8, 2007.



Section  61.066.  Commitment Records.

A commitment to the commission may not be received in evidence or used in any way in any proceedings in any court except in:

(1)  subsequent proceedings under Title 3 of the Family Code against the same child;

(2)  imposing sentence in any criminal proceedings against the same person; or

(3)  subsequent civil commitment proceedings under Chapter 841, Health and Safety Code, regarding the same person.

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, Sec. 34, eff. April 26, 1983; Acts 1999, 76th Leg., ch. 1188, Sec. 4.03, eff. Sept. 1, 1999.



Section 61.067.  Information Provided To Committing Court.

(a) If a court that commits a child to the commission requests, in the commitment order, that the commission keep the court informed of the progress the child is making while committed to the commission, the commission shall provide the court with periodic updates on the child's progress.

(b)  A report provided under Subsection (a) may include any information the commission determines to be relevant in evaluating the child's progress, including, as applicable, information concerning the child's treatment, education, and health.

(c)  A report provided under this section may not include information that is protected from disclosure under state or federal law.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.010, eff. June 19, 2009.



Subchapter E. Care And Treatment Of Children

Section 61.071.  Initial Examination.

(a) The commission shall examine and make a study of each child committed to it as soon as possible after commitment.  The study shall be made according to rules established by the commission and shall include:

(1)  long-term planning for the child; and

(2)  consideration of the child's medical, substance abuse, and treatment history, including the child's psychiatric history and substance abuse history.

(b)  For a child for whom a minimum length of stay is established under Section 61.062 of one year or longer, the initial examination must include a comprehensive psychiatric evaluation.

(c)  The commission shall administer comprehensive psychological assessments to a child as part of the child's initial examination, including assessments designed to identify whether a child is in need of a psychiatric evaluation.  If the results of a child's psychological assessments indicate that the child is in need of a psychiatric evaluation, the commission shall as soon as practicable conduct a psychiatric evaluation of the child.

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, Sec. 35, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 31, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1048, Sec. 4, eff. Sept. 1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 46, eff. June 8, 2007.



Section 61.0711.  Health Care Delivery System.

(a) In providing medical care, behavioral health care, or rehabilitation services, the commission shall integrate the provision of those services in an integrated comprehensive delivery system.

(b)  The delivery system may be used to deliver any medical, behavioral health, or rehabilitation services provided to a child in the custody of the commission, including:

(1)  health care;

(2)  dental care;

(3)  behavioral health care;

(4)  substance abuse treatment;

(5)  nutrition;

(6)  programming;

(7)  case management; and

(8)  general rehabilitation services, including educational, spiritual, daily living, recreational, and security services.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 47, eff. June 8, 2007.



Section 61.072.  Reexamination.

The commission shall periodically reexamine each child under its control, except those on release under supervision or in foster homes, for the purpose of determining whether a rehabilitation plan made by the commission concerning the child should be modified or continued.  The examination must include a study of all current circumstances of a child's personal and family situation and an evaluation of the progress made by the child since the child's last examination.  The examination of a child may be made as frequently as the commission considers necessary, but shall be made at intervals not exceeding six months.

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, Sec. 36, eff. April 26, 1983.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 46, eff. June 8, 2007.



Section  61.073.  Records Of Examinations And Treatment.

The commission shall keep written records of all examinations and conclusions based on them and of all orders concerning the disposition or treatment of each child subject to its control. Except as provided by Section 61.093(c), these records and all other information concerning a child, including personally identifiable information, are not public and are available only according to the provisions of Section 58.005, Family Code, Section 61.0731, Human Resources Code, and Chapter 61, Code of Criminal Procedure.

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, Sec. 37, eff. April 26, 1983; Acts 1983, 68th Leg., p. 4584, ch. 769, Sec. 2, eff. June 19, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 32, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 57, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1086, Sec. 32, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 283, Sec. 46, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1294, Sec. 1, eff. Sept. 1, 2003.



Section  61.0731.  Information Available To Children, Parents, And Others.

(a) In the interest of achieving the purpose of the commission and protecting the public, the commission may disclose records and other information concerning a child to the child and the child's parent or guardian only if disclosure would not materially harm the treatment and rehabilitation of the child and would not substantially decrease the likelihood of the commission receiving information from the same or similar sources in the future. Information concerning a person who is age 18 or older may not be disclosed to the person's parent or guardian without the person's consent.

(b)  The commission may disclose information regarding a child's location and committing court to a person having a legitimate need for the information.

(c)  The commission may disclose to a peace officer or law enforcement agency images of children recorded by an electronic recording device and incident reporting and investigation documents containing the names of children if the information is relevant to the investigation of a criminal offense alleged to have occurred in a facility operated by or under contract with the commission.

(d)  Notwithstanding Subsection (a), if the Department of Family and Protective Services has been appointed managing conservator for a child, the commission shall disclose records and other information concerning the child to the department as provided by department rules.

Added by Acts 2003, 78th Leg., ch. 283, Sec. 47, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1294, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 48, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 108, Sec. 13, eff. May 23, 2009.



Section  61.074.  Failure To Examine Or Reexamine.

Failure of the commission to examine or reexamine a child as required by this chapter does not entitle the child to be discharged from the control of the commission, but the child may petition the committing court for discharge. After due notice to the commission, the committing court shall discharge the child from the control of the commission unless the commission satisfies the court that further control is necessary.

Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, Sec. 38, eff. April 26, 1983.



Section  61.075.  Determination Of Treatment.

When a child has been committed to the commission, the commission may:

(1)  permit the child liberty under supervision and on conditions it believes conducive to acceptable behavior;

(2)  order the child's confinement under conditions it believes best designed for the child's welfare and the interests of the public;

(3)  order reconfinement or renewed release as often as conditions indicate to be desirable;

(4)  revoke or modify any order of the commission affecting a child, except an order of final discharge, as often as conditions indicate; or

(5)  discharge the child from control when it is satisfied that discharge will best serve the child's welfare and the protection of the public.

Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, Sec. 39, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 33, eff. Sept. 1, 1987.



Section  61.0751.  Subpoenas. (a)

A hearings examiner appointed by the commission may issue a subpoena requiring the attendance of a witness or the production of any record, book, paper, or document the hearings examiner considers necessary for a determination of treatment under Section 61.075.

(b)  The hearings examiner may sign a subpoena and administer an oath.

(c)  A peace officer, apprehension specialist, parole officer, or other commission official may serve the subpoena in the same manner as similar process in a court of record having original jurisdiction of criminal actions is served.

(d)  A person who testifies falsely, fails to appear when subpoenaed, or fails or refuses to produce material under the subpoena is subject to the same orders and penalties to which a person taking those actions before a court is subject.

(e)  On application of the commission, a court of record having original jurisdiction of criminal actions may compel the attendance of a witness, the production of material, or the giving of testimony before the hearings examiner, by an attachment for contempt or in the same manner as the court may otherwise compel the production of evidence.

Added by Acts 2003, 78th Leg., ch. 1294, Sec. 2, eff. Sept. 1, 2003.



Section  61.076.  Type Of Treatment Permitted.

(a) As a means of correcting the socially harmful tendencies of a child committed to it, the commission may:

(1)  require the child to participate in moral, academic, vocational, physical, and correctional training and activities;

(2)  require the modes of life and conduct that seem best adapted to fit the child for return to full liberty without danger to the public;

(3)  provide any medical or psychiatric treatment that is necessary; and

(4)  place physically fit children in parks-maintenance camps, forestry camps, or ranches owned by the state or the United States and require the performance of suitable conservation and maintenance work.

(b)  The dominant purpose of placing children in camps is to benefit and rehabilitate the children rather than to make the camps self-sustaining. Children placed in camps may not be exploited.

Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 177, ch. 44, art. 2, Sec. 40, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 34, eff. Sept. 1, 1987.



Section  61.0761.  Family Programs.

The commission shall develop programs that encourage family involvement in the rehabilitation of the child.

Added by Acts 1987, 70th Leg., ch. 1099, Sec. 35, eff. Sept. 1, 1987.



Section 61.07611.  Restraint Of Pregnant Juvenile.

(a) The commission may not use restraints to control the movement of a pregnant child who is committed to the commission at any time during which the child is in labor or delivery or recovering from delivery, unless the executive director or executive director's designee determines that the use of restraints is necessary to:

(1)  ensure the safety and security of the child or her infant, commission or medical personnel, or any member of the public; or

(2)  prevent a substantial risk that the child will attempt escape.

(b)  If a determination to use restraints is made under Subsection (a), the type of restraint used and the manner in which the restraint is used must be the least restrictive available under the circumstances to ensure safety and security or to prevent escape.

Added by Acts 2009, 81st Leg., R.S., Ch. 1184, Sec. 2, eff. September 1, 2009.



Section 61.0762.  Infant Care And Parenting Program.

(a) In this section, "child" means the child of a person who is committed to the commission.

(b)  The commission may establish child care and parenting programs for persons committed to the commission who are parents.

(c)  The commission may permit a mother to have possession of her child in a residential program that has an infant care and parenting program or to have possession of her child in a commission-funded independent living residence for up to six months if:

(1)  the child's father or another relative or guardian of the child agrees in advance of the child's placement with the child's mother to assume possession of the child immediately upon notice by the commission to do so;

(2)  the child's parents and any other person having a duty of support acknowledge that by permitting the mother to have possession of the child while the mother is confined in a residential facility or placed in an independent living residence, the commission assumes no responsibility for the child's care beyond the responsibility of care that is ordinarily due the child's mother and the reasonable accommodations that are necessary for the mother's care of her child;

(3)  the child's parents and any other person having a duty of support agree to indemnify and hold the commission harmless from any claims that may be made against the commission for the child's support, including medical support;  and

(4)  the commission determines that the placement is in the best interest of both the mother and her child.

Added by Acts 1999, 76th Leg., ch. 162, Sec. 1, eff. Aug. 30, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 32, eff. September 1, 2007.



Section 61.0763.  Rights Of Parents.

(a) The commission, in consultation with advocacy and support groups such as those described in Section 61.0386(a), shall develop a parent's bill of rights for distribution to the parent or guardian of a child who is under 18 years of age and committed to the commission.  The parent's bill of rights must include:

(1)  a description of the commission's grievance policies and procedures, including contact information for the office of inspector general and the office of the independent ombudsman established under Chapter 64;

(2)  a list of possible incidents that require parental notification;

(3)  policies concerning visits and telephone conversations with a child committed to the commission;

(4)  a description of commission caseworker responsibilities;

(5)  a statement that the commission caseworker assigned to a child may assist the child's parent or guardian in obtaining information and services from the commission and other resources concerning:

(A)  counseling, including substance abuse and mental health counseling;

(B)  assistance programs, including financial and travel assistance programs for visiting a child committed to the commission;

(C)  workforce preparedness programs;

(D)  parenting programs; and

(E)  commission seminars; and

(6)  information concerning the indeterminate sentencing structure at the commission, an explanation of reasons that a child's commitment at the commission could be extended, and an explanation of the review process under Sections 61.0815 and 61.0816 for a child committed to the commission without a determinate sentence.

(b)  Not later than 48 hours after the time a child is admitted to a commission facility, the commission shall mail to the child's parent or guardian at the last known address of the parent or guardian:

(1)  the parent's bill of rights; and

(2)  the contact information of the commission caseworker assigned to the child.

(c)  The commission shall on a quarterly basis provide to the parent, guardian, or designated advocate of a child who is in the custody of the commission a report concerning the progress of the child at the commission, including:

(1)  the academic and behavioral progress of the child; and

(2)  the results of any reexamination of the child conducted under Section 61.072.

(d)  The commission shall ensure that written information provided to a parent or guardian regarding the rights of a child in the custody of the commission or the rights of a child's parent or guardian, including the parent's bill of rights, is clear and easy to understand.

(e)  The commission shall ensure that if the Department of Family and Protective Services has been appointed managing conservator of a child, the department is given the same rights as the child's parent under the parent's bill of rights developed under this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 49, eff. June 8, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 108, Sec. 14, eff. May 23, 2009.



Section 61.0764.  Commission Caseworkers.

(a) The commission shall assign a caseworker to a child committed to the commission.  A commission caseworker shall:

(1)  explore family issues and needs with the parent or guardian of a child committed to the commission;

(2)  as needed, provide the parent or guardian of a child committed to the commission with information concerning programs and services provided by the commission or another resource; and

(3)  perform other duties required by the commission.

(b)  A commission caseworker shall:

(1)  at least once a month, attempt to contact the child's parent or guardian by phone, in person while the parent or guardian is visiting the facility, or, if necessary, by mail;

(2)  if unsuccessful in contacting the child's parent or guardian under Subdivision (1), attempt at least one additional time each month to contact the child's parent or guardian; and

(3)  document successful as well as unsuccessful attempts to contact the child's parent or guardian.

(c)  To the extent practicable, a caseworker or another facility administrator shall attempt to communicate with a parent or guardian who does not speak English in the language of choice of the parent or guardian.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 49, eff. June 8, 2007.



Section 61.0765.  Reporting Concerning Research Programs Or Studies.

(a) The commission shall keep records relating to children committed to it that participate in research programs or studies.

(b)  The records must show, for each calendar quarter and for each calendar year:

(1)  the number of children participating in research programs or studies for the appropriate reporting period;

(2)  the type of research program or study in which each child is participating;

(3)  the name of the principal investigator conducting the research program or study; and

(4)  the entity sponsoring the research program or study.

(c)  The commission shall submit a report that contains the information in the records kept under Subsection (b) on or before the 15th day after the last day of the appropriate reporting period to the:

(1)  governor;

(2)  lieutenant governor;

(3)  speaker of the house of representatives; and

(4)  members of the legislature.

(d)  A report submitted under this section is public information under Chapter 552, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 847, Sec. 1, eff. June 15, 2007.

Renumbered from Human Resources Code, Section 61.0763 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(59), eff. September 1, 2009.



Section 61.0766.  Report Concerning Foster Children Committed To Commission.

(a) Not later than the 10th day before the date of a permanency hearing under Subchapter D, Chapter 263, Family Code, or a placement review hearing under Subchapter F, Chapter 263, Family Code, regarding a child for whom the Department of Family and Protective Services has been appointed managing conservator, a commission caseworker shall submit a written report regarding the child's commitment to the commission to:

(1)  the court;

(2)  the Department of Family and Protective Services;

(3)  any attorney ad litem or guardian ad litem appointed for the child; and

(4)  any volunteer advocate appointed for the child.

(b)  The report required by Subsection (a) must include:

(1)  the results of any assessments of the child during the child's commitment to the commission, including assessments of the child's emotional, mental, educational, psychological, psychiatric, medical, or physical needs;

(2)  information regarding the child's placement in particular programs administered by the commission; and

(3)  a description of the child's progress in programs administered by the commission.

Added by Acts 2009, 81st Leg., R.S., Ch. 108, Sec. 15, eff. May 23, 2009.



Section 61.0767.  Rules Regarding Services For Foster Children.

(a) The commission and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules to ensure that a child for whom the Department of Family and Protective Services has been appointed managing conservator receives appropriate services while the child is committed to the commission or released under supervision by the commission.

(b)  The rules adopted under this section must require the commission and the Department of Family and Protective Services to cooperate in providing appropriate services to a child for whom the Department of Family and Protective Services has been appointed managing conservator while the child is committed to the commission or released under supervision by the commission, including:

(1)  medical care, as defined by Section 266.001, Family Code;

(2)  mental health treatment and counseling;

(3)  education, including special education;

(4)  case management;

(5)  drug and alcohol abuse assessment or treatment;

(6)  sex offender treatment; and

(7)  trauma informed care.

(c)  The rules adopted under this section must require:

(1)  the Department of Family and Protective Services to:

(A)  provide the commission with access to relevant health and education information regarding a child; and

(B)  require a child's caseworker to visit the child in person at least once each month while the child is committed to the commission;

(2)  the commission to:

(A)  provide the Department of Family and Protective Services with relevant health and education information regarding a child;

(B)  permit communication, including in person, by telephone, and by mail, between a child committed to the commission and:

(i)  the Department of Family and Protective Services; and

(ii)  the attorney ad litem, the guardian ad litem, and the volunteer advocate for the child; and

(C)  provide the Department of Family and Protective Services and any attorney ad litem or guardian ad litem for the child with timely notice of the following events relating to the child:

(i)  a meeting designed to develop or revise the individual case plan for the child;

(ii)  in accordance with any participation protocols to which the Department of Family and Protective Services and the commission agree, a medical appointment at which a person authorized to consent to medical care must participate as required by Section 266.004(i), Family Code;

(iii)  an education meeting, including admission, review, or dismissal meetings for a child receiving special education;

(iv)  a grievance or disciplinary hearing for the child;

(v)  a report of abuse or neglect of the child; and

(vi)  a significant medical condition of the child, as defined by Section 266.005, Family Code; and

(3)  the Department of Family and Protective Services and the commission to participate in transition planning for the child through release from detention, release under supervision, and discharge.

Added by Acts 2009, 81st Leg., R.S., Ch. 108, Sec. 15, eff. May 23, 2009.



Section  61.077.  Children With Mental Illness Or Mental Retardation.

(a) The commission shall accept a child committed to the commission who is mentally ill or mentally retarded.

(b)  Unless a child is committed to the commission under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the commission shall discharge a child who is mentally ill or mentally retarded from its custody if:

(1)  the child has completed the minimum length of stay for the child's committing offense; and

(2)  the commission determines that the child is unable to progress in the commission's rehabilitation programs because of the child's mental illness or mental retardation.

(c)  If a child who is discharged from the commission under Subsection (b) as a result of mental illness is not receiving court-ordered mental health services, the child's discharge is effective on the earlier of:

(1)  the date the court enters an order regarding an application for mental health services filed under Section 61.0772(b); or

(2)  the 30th day after the date the application is filed.

(d)  If a child who is discharged from the commission under Subsection (b) as a result of mental illness is receiving court-ordered mental health services, the child's discharge from the commission is effective immediately. If the child is receiving mental health services outside the child's home county, the commission shall notify the mental health authority located in that county of the discharge not later than the 30th day after the date that the child's discharge is effective.

(e)  If a child who is discharged from the commission under Subsection (b) as a result of mental retardation is not receiving mental retardation services, the child's discharge is effective on the earlier of:

(1)  the date the court enters an order regarding an application for mental retardation services filed under Section 61.0772(c); or

(2)  the 30th day after the date that the application is filed.

(f)  If a child who is discharged from the commission under Subsection (b) as a result of mental retardation is receiving mental retardation services, the child's discharge from the commission is effective immediately.

(g)  If a child who is mentally ill or mentally retarded is discharged from the commission under Subsection (b), the child is eligible to receive continuity of care services from the Texas Correctional Office on Offenders with Medical or Mental Impairments under Chapter 614, Health and Safety Code.

Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 177, ch. 44, art. 2, Sec. 41, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 36, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 60, eff. May 31, 1995; Acts 1997, 75th Leg., ch. 1086, Sec. 33, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 32, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1038, Sec. 1, eff. June 19, 2009.



Section  61.0772.  Examination Before Discharge.

(a) The commission shall establish a system that identifies children in the commission's custody who are mentally ill or mentally retarded.

(b)  Before a child who is identified as mentally ill is discharged from the commission's custody under Section 61.077(b), a commission psychiatrist shall examine the child. The commission shall refer a child requiring outpatient psychiatric treatment to the appropriate mental health authority. For a child requiring inpatient psychiatric treatment, the commission shall file a sworn application for court-ordered mental health services, as provided in Subchapter C, Chapter 574, Health and Safety Code, if:

(1)  the child is not receiving court-ordered mental health services; and

(2)  the psychiatrist who examined the child determines that the child is mentally ill and the child meets at least one of the criteria listed in Section 574.034, Health and Safety Code.

(c)  Before a child who is identified as mentally retarded under Chapter 593, Health and Safety Code, is discharged from the commission's custody under Section 61.077(b), the commission shall refer the child for mental retardation services if the child is not receiving mental retardation services.

Added by Acts 1997, 75th Leg., ch. 1086, Sec. 34, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 1477, Sec. 33, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1294, Sec. 3, eff. Sept. 1, 2003.



Section 61.0773.  Transfer Of Certain Children Serving Determinate Sentences For Mental Health Services.

(a) The commission may petition the juvenile court that entered the order of commitment for a child for the initiation of mental health commitment proceedings if the child is committed to the commission under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code.

(b)  A petition made by the commission shall be treated as a motion under Section 55.11, Family Code, and the juvenile court shall proceed in accordance with Subchapter B, Chapter 55, Family Code.

(c)  The commission shall cooperate with the juvenile court in any proceeding under this section.

(d)  The juvenile court shall credit to the term of the child's commitment to the commission any time the child is committed to an inpatient mental health facility.

(e)  A child committed to an inpatient mental health facility as a result of a petition filed under this section may not be released from the facility on a pass or furlough.

(f)  If the term of an order committing a child to an inpatient mental health facility is scheduled to expire before the end of the child's sentence and another order committing the child to an inpatient mental health facility is not scheduled to be entered, the inpatient mental health facility shall notify the juvenile court that entered the order of commitment committing the child to the commission.  The juvenile court may transfer the child to the custody of the commission, transfer the child to the Texas Department of Criminal Justice, or release the child under supervision, as appropriate.

Added by Acts 2009, 81st Leg., R.S., Ch. 1038, Sec. 2, eff. June 19, 2009.



Section  61.078.  Notice Of Pending Discharge.

As soon as practicable after the commission makes a decision to discharge a child or authorize the child's absence from its custody, the commission shall give notice of its decision to the juvenile court and the office of the prosecuting attorney of the county in which the adjudication that the child engaged in delinquent conduct was made.

Added by Acts 1981, 67th Leg., p. 2223, ch. 523, Sec. 2, eff. Aug. 31, 1981. Amended by Acts 1983, 68th Leg., p. 178, ch. 44, art. 2, Sec. 42, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 38, eff. Sept. 1, 1987.



Section  61.079.  Referral Of Violent And Habitual Offenders For Transfer.

(a) After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the commission may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:

(1)  the child has not completed the sentence; and

(2)  the child's conduct, regardless of whether the child was released under supervision under Section 61.081, indicates that the welfare of the community requires the transfer.

(b)  The commission shall cooperate with the court on any proceeding on the transfer of the child.

(c)  If a child is released under supervision, a juvenile court adjudication that the child engaged in delinquent conduct constituting a felony offense, a criminal court conviction of the child for a felony offense, or a determination under Section 61.075(4) revoking the child's release under supervision is required before referral of the child to the juvenile court under Subsection (a).

Added by Acts 1987, 70th Leg., ch. 385, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 61, eff. Jan. 1, 1996.

Amended by:

Acts 2005, 79th Leg., Ch. 949, Sec. 40, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 50, eff. June 8, 2007.



Section 61.0791.  Evaluation Of Certain Children Serving Determinate Sentences.

(a) When a child who is sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 18 years of age, the commission shall evaluate whether the child is in need of additional services that can be completed in the six-month period after the child's 18th birthday to prepare the child for release from the custody of the commission or transfer to the Texas Department of Criminal Justice.

(b)  This section does not apply to a child who is released from the custody of the commission or who is transferred to the Texas Department of Criminal Justice before the child's 18th birthday.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 51, eff. June 8, 2007.



Subchapter F. Release

Section  61.081.  Release Under Supervision.

(a) The commission may release under supervision any child in its custody and place the child in his or her home or in any situation or family approved by the commission. Prior to placing a child in his or her home, the commission shall evaluate the home setting to determine the level of supervision and quality of care that is available in the home.

(b)  Subject to legislative appropriation, the commission may employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee's adjustment to society in accordance with the rules adopted by the commission.

(c)  Parole officers may work with local organizations, clubs, and agencies to formulate plans and procedures for the prevention of juvenile delinquency.

(d)  The commission may resume the care and custody of any child released under supervision at any time before the final discharge of the child.

(e)  Not later than 10 days before the day the commission releases a child under this section, the commission shall give notice of the release to the juvenile court and the office of the prosecuting attorney of the county in which the adjudication that the child engaged in delinquent conduct was made.

(f)  If a child is committed to the commission under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the commission may not release the child under supervision without approval of the juvenile court that entered the order of commitment unless the child has served at least:

(1)  10 years, if the child was sentenced to commitment for conduct constituting capital murder;

(2)  3 years, if the child was sentenced to commitment for conduct constituting an aggravated controlled substance felony or a felony of the first degree;

(3)  2 years, if the child was sentenced to commitment for conduct constituting a felony of the second degree; or

(4)  1 year, if the child was sentenced to commitment for conduct constituting a felony of the third degree.

(g)  The commission may request the approval of the court under this section at any time.

(h)  If the commission finds that a child has violated an order under which the child is released under supervision, on notice by any reasonable method to all persons affected, the commission may order the child:

(1)  to return to an institution;

(2)  if the violation resulted in property damage or personal injury:

(A)  to make full or partial restitution to the victim of the offense; or

(B)  if the child is financially unable to make full or partial restitution, to perform services for a charitable or educational institution; or

(3)  to comply with any other conditions the commission considers appropriate.

(i)  Notwithstanding Subsection (f), if a child is committed to the commission under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the commission may release the child under supervision without approval of the juvenile court that entered the order of commitment if not more than nine months remain before the child's discharge under Section 61.084(b).

Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2223, ch. 523, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 178, ch. 44, art. 2, Sec. 43, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 385, Sec. 15, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1099, Sec. 39 to 41, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 16.01(26), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 262, Sec. 62, eff. Jan. 1, 1996.

Amended by:

Acts 2005, 79th Leg., Ch. 949, Sec. 41, eff. September 1, 2005.



Section  61.0811.  Parole Management.

The commission shall develop a management system for parole services that objectively measures and provides for:

(1)  the systematic examination of children's needs and the development of treatment plans to address those needs;

(2)  the evaluation of homes, foster homes, and public and private institutions as constructive parole placements;

(3)  the classification of children based on the level of children's needs and the degree of risk presented to the public;

(4)  the objective measurement of parole officer workloads; and

(5)  the gathering and analysis of information related to the effectiveness of parole services and to future parole requirements.

Added by Acts 1987, 70th Leg., ch. 1099, Sec. 42(a), eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 1048, Sec. 5, eff. Sept. 1, 1993.



Section  61.0812.  Treatment For Substance Abuse.

Subject to an express appropriation to fund the treatment programs required by this section, the commission may not release a child under supervision or parole a child if:

(1)  the child has a substance abuse problem, including the use of a controlled substance, hazardous inhalable substances, or alcohol habitually; and

(2)  the child has not completed a treatment program for the problem.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 63, eff. Jan. 1, 1996.



Section  61.0813.  Sex Offender Counseling And Treatment.

(a) Before releasing a child described by Subsection (b) under supervision, the commission:

(1)  may require as a condition of release that the child:

(A)  attend psychological counseling sessions for sex offenders as provided by Subsection (e); and

(B)  submit to a polygraph examination as provided by Subsection (f) for purposes of evaluating the child's treatment progress; and

(2)  shall require as a condition of release that the child:

(A)  register under Chapter 62, Code of Criminal Procedure; and

(B)  submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the child, unless the child has already submitted the required specimen under other state law.

(b)  This section applies to a child adjudicated for engaging in delinquent conduct constituting an offense for which the child is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.

(c)  Psychological counseling required as a condition of release under Subsection (a) must be with an individual or organization that:

(1)  provides sex offender treatment or counseling;

(2)  is specified by the commission; and

(3)  meets minimum standards of counseling established by the commission.

(d)  A polygraph examination required as a condition of release under Subsection (a) must be administered by an individual who is:

(1)  specified by the commission; and

(2)  licensed as a polygraph examiner under Chapter 1703, Occupations Code.

(e)  In addition to specifying a sex offender treatment provider to provide counseling to a child described by Subsection (b), the commission shall:

(1)  establish with the cooperation of the treatment provider the date, time, and place of the first counseling session between the child and the treatment provider;

(2)  notify the child and the treatment provider before the release of the child of the date, time, and place of the first counseling session between the child and the treatment provider; and

(3)  require the treatment provider to notify the commission immediately if the child fails to attend any scheduled counseling session.

(f)  If the commission specifies a polygraph examiner under Subsection (d) to administer a polygraph examination to a child, the commission shall arrange for a polygraph examination to be administered to the child:

(1)  not later than the 60th day after the date the child attends the first counseling session established under Subsection (e); and

(2)  after the initial polygraph examination, as required by Subdivision (1), on the request of the treatment provider specified under Subsection (c).

(g)  If the commission requires as a condition of release that a child attend psychological counseling under Subsection (a), the commission shall notify the court that committed the child to the commission. After receiving notification from the commission under this subsection, the court may order the parent or guardian of the child to:

(1)  attend four sessions of instruction with an individual or organization specified by the commission relating to:

(A)  sexual offenses;

(B)  family communication skills;

(C)  sex offender treatment;

(D)  victims' rights;

(E)  parental supervision; and

(F)  appropriate sexual behavior; and

(2)  during the time the child attends psychological counseling, participate in monthly treatment groups conducted by the child's treatment provider relating to the child's psychological counseling.

(h)  A court that orders a parent or guardian of a child to attend instructional sessions and participate in treatment groups under Subsection (g) shall require:

(1)  the individual or organization specified by the commission under Subsection (g) to notify the court immediately if the parent or guardian fails to attend any scheduled instructional session; and

(2)  the child's treatment provider specified under Subsection (c) to notify the court immediately if the parent or guardian fails to attend a session in which the parent or guardian is required to participate in a scheduled treatment group.

(i)  If the commission requires as a condition of release that a child attend psychological counseling under Subsection (a), the commission may, before the date the period of release ends, petition the appropriate court to request the court to extend the period of release for an additional period necessary to complete the required counseling as determined by the treatment provider, except that the release period may not be extended to a date after the date of the child's 18th birthday.

Added by Acts 1997, 75th Leg., ch. 669, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 211, Sec. 17, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.814, eff. Sept. 1, 2001.



Section 61.08131.  Comprehensive Reentry And Reintegration Plan For Children; Study And Report.

(a) The commission shall develop a comprehensive plan to reduce recidivism and ensure the successful reentry and reintegration of children into the community following a child's release under supervision or final discharge, as applicable, from the commission.

(b)  The comprehensive reentry and reintegration plan developed under this section must provide for:

(1)  an assessment of each child committed to the commission to determine which skills the child needs to develop to be successful in the community following release under supervision or final discharge;

(2)  programs that address the assessed needs of each child;

(3)  a comprehensive network of transition programs to address the needs of children released under supervision or finally discharged from the commission;

(4)  the identification of providers of existing local programs and transitional services with whom the commission may contract under this section to implement the reentry and reintegration plan; and

(5)  subject to Subsection (c), the sharing of information between local coordinators, persons with whom the commission contracts under this section, and other providers of services as necessary to adequately assess and address the needs of each child.

(c)  A child's personal health information may be disclosed under Subsection (b)(5) only in the manner authorized by Section 61.0731 or other state or federal law, provided that the disclosure does not violate the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191).

(d)  The programs provided under Subsections (b)(2) and (3) must:

(1)  be implemented by highly skilled staff who are experienced in working with reentry and reintegration programs for children;

(2)  provide children with:

(A)  individualized case management and a full continuum of care;

(B)  life-skills training, including information about budgeting, money management, nutrition, and exercise;

(C)  education and, if a child has a learning disability, special education;

(D)  employment training;

(E)  appropriate treatment programs, including substance abuse and mental health treatment programs; and

(F)  parenting and relationship-building classes; and

(3)  be designed to build for children post-release and post-discharge support from the community into which the child is released under supervision or finally discharged, including support from agencies and organizations within that community.

(e)  The commission may contract and coordinate with private vendors, units of local government, or other entities to implement the comprehensive reentry and reintegration plan developed under this section, including contracting to:

(1)  coordinate the supervision and services provided to children during the time children are in the custody of the commission with any supervision or services provided children who have been released under supervision or finally discharged from the commission;

(2)  provide children awaiting release under supervision or final discharge with documents that are necessary after release or discharge, including identification papers, medical prescriptions, job training certificates, and referrals to services; and

(3)  provide housing and structured programs, including programs for recovering substance abusers, through which children are provided services immediately following release under supervision or final discharge.

(f)  To ensure accountability, any contract entered into under this section must contain specific performance measures that the commission shall use to evaluate compliance with the terms of the contract.

(g)  The commission shall ensure that each reentry and reintegration plan developed for a child under Section 61.0814 is coordinated with the comprehensive reentry and reintegration plan developed under this section.

(h)  The commission shall conduct and coordinate research to determine whether the comprehensive reentry and reintegration plan developed under this section reduces recidivism rates.

(i)  Not later than December 1 of each even-numbered year, the commission shall deliver a report of the results of research conducted or coordinated under Subsection (h) to the lieutenant governor, the speaker of the house of representatives, and the standing committees of each house of the legislature with primary jurisdiction over juvenile justice and corrections.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.011, eff. June 19, 2009.



Section 61.0814.  Reentry And Reintegration Plan.

(a) The commission shall develop a reentry and reintegration plan for each child committed to the custody of the commission.  The plan for a child must be designed to ensure that the child receives an extensive continuity of care in services from the time the child is committed to the commission to the time of the child's final discharge from the commission.  The plan for a child must include, as applicable:

(1)  housing assistance;

(2)  a step-down program, such as placement in a halfway house;

(3)  family counseling;

(4)  academic and vocational mentoring;

(5)  trauma counseling for a child who is a victim of abuse while in the custody of the commission; and

(6)  other specialized treatment services appropriate for the child.

(b)  If a program or service in the child's reentry and reintegration plan is not available at the time the child is to be released, the commission shall find a suitable alternative program or service so that the child's release is not postponed.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 52, eff. June 8, 2007.



Section 61.08141.  Information Provided To Court Before Release.

(a) In addition to providing the court with notice of release of a child under Section 61.081(e), as soon as possible but not later than the 30th day before the date the commission releases the child, the commission shall provide the court that committed the child to the commission:

(1)  a copy of the child's reentry and reintegration plan developed under Section 61.0814; and

(2)  a report concerning the progress the child has made while committed to the commission.

(b)  If, on release, the commission places a child in a county other than the county served by the court that committed the child to the commission, the commission shall provide the information described by Subsection (a) to both the committing court and the juvenile court in the county where the child is placed after release.

(c)  If, on release, a child's residence is located in another state, the commission shall provide the information described by Subsection (a) to both the committing court and a juvenile court of the other state that has jurisdiction over the area in which the child's residence is located.

Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.012, eff. June 19, 2009.



Section 61.0815.  Completion Of Minimum Length Of Stay.

(a) After a child who is committed to the commission without a determinate sentence completes the minimum length of stay established by the commission for the child under Section 61.062, the commission shall, in the manner provided by this section:

(1)  discharge the child from the custody of the commission;

(2)  release the child under supervision under Section 61.081; or

(3)  extend the length of the child's stay in the custody of the commission.

(b)  The commission by rule shall establish a panel whose function is to review and determine whether a child who has completed the child's minimum length of stay should be discharged from the custody of the commission as provided by Subsection (a)(1), be released under supervision under Section 61.081 as provided by Subsection (a)(2), or remain in the custody of the commission for an additional period of time as provided by Subsection (a)(3).

(c)  The executive commissioner shall determine the size of the panel and the length of the members' terms of service on the panel.  The panel must consist of an odd number of members and the terms of the panel's members must last for at least two years.  The executive commissioner shall adopt policies that ensure the transparency, consistency, and objectivity of the panel's composition, procedures, and decisions.  The executive commissioner shall appoint persons to serve as members of the panel.  A person appointed to the panel must be a commission employee who works at the commission's central office.  A member of the panel may not be involved in any supervisory decisions concerning children in the custody of the commission.

(d)  The panel may extend the length of the child's stay as provided by Subsection (a)(3) only if the panel determines by majority vote and on the basis of clear and convincing evidence that the child is in need of additional rehabilitation from the commission and that the commission will provide the most suitable environment for that rehabilitation.  In extending the length of a child's stay, the panel must specify the additional period of time that the child is to remain in the custody of the commission and must conduct an additional review and determination as provided by this section on the child's completion of the additional term of stay.  If the panel determines that the child's length of stay should not be extended, the commission must discharge the child from the custody of the commission as provided by Subsection (a)(1) or release the child under supervision under Section 61.081 as provided by Subsection (a)(2).

(e)  The commission shall maintain statistics of the number of extensions granted by the panel.  The statistics must include aggregated information concerning:

(1)  the race, age, sex, specialized treatment needs, and county of origin for each child for whom an extension order is requested;

(2)  the facility in which the child is confined; and

(3)  if applicable, any allegations concerning the abuse, mistreatment, or neglect of the child, aggregated by the type of misconduct to which the child was subjected.

(f)  To the extent authorized under law, the statistics maintained under Subsection (e) are public information under Chapter 552, Government Code, and the commission shall post the statistics on the commission's Internet website.  The commission shall prepare and deliver to the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities a report concerning the statistics maintained under Subsection (e).

(g)  The commission shall provide a report to the parent, guardian, or designated advocate of a child whose length of stay is extended under this section explaining the panel's reason for the extension.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 52, eff. June 8, 2007.



Section 61.0816.  Request For Reconsideration Of Extension Order. (a)

The commission by rule shall establish a process to request the reconsideration of an extension order issued by the panel established under Section 61.0815.

(b)  The process to request reconsideration must provide that:

(1)  a child, a parent, guardian, or designated advocate of a child, an employee of the commission, or a person who provides volunteer services at a commission facility may submit a request for reconsideration of an extension order;

(2)  the person submitting the request for reconsideration of an extension order must state in the request the reason for the request;

(3)  after receiving a request for reconsideration of an extension order, the panel shall reconsider an extension order that:

(A)  extends the child's stay in the custody of the commission by six months or more; or

(B)  combined with previous extension orders will result in an extension of the child's stay in the custody of the commission by six months or more;

(4)  the panel's reconsideration of an extension order includes consideration of the information submitted in the request; and

(5)  the panel shall send a written reply to the child, the parent, guardian, or designated advocate of the child, and the person who made the request for reconsideration of an extension order that includes an explanation of the panel's decision after reconsidering the extension order, including an indication that the panel has considered the information submitted in the request.

(c)  The commission shall create a form for a request for reconsideration of an extension order that is clear and easy to understand.  The commission shall ensure that a child may request assistance in completing a request for reconsideration of an extension order.

(d)  The commission shall maintain statistics of the number of requests for reconsideration of an extension order that are submitted and the action taken on reconsideration of the extension order.  The statistics must include aggregated information concerning:

(1)  the race, age, sex, specialized treatment needs, and county of origin for each child for whom a request for reconsideration of an extension order is submitted;

(2)  whether a request for reconsideration of an extension order results in:

(A)  a discharge or release under supervision; or

(B)  the original extension order being upheld;

(3)  the facility in which the child is confined; and

(4)  if applicable, any allegations concerning the abuse, mistreatment, or neglect of the child, aggregated by the type of misconduct to which the child was subjected.

(e)  To the extent authorized under law, the statistics maintained under Subsection (d) are public information under Chapter 552, Government Code, and the commission shall post the statistics on the commission's Internet website.  The commission shall prepare and deliver to the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities a report concerning the statistics maintained under Subsection (d).

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 52, eff. June 8, 2007.



Section  61.082.  Transportation, Clothing, Money.

The commission shall ensure that each child it releases under supervision has suitable clothing, transportation to his or her home or to the county in which a suitable home or employment has been found, and money in an amount authorized by the rules of the commission.

Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 179, ch. 44, art. 2, Sec. 44, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 43, eff. Sept. 1, 1987.



Section  61.083.  Contracts With Counties.

(a) The commission may make a contract with a county to use the services of the county's juvenile probation department for the supervision of children within the county who are on furlough from a commission facility or who are released under supervision from a commission facility.

(b)  The payments shall be made to the county treasurer on a quarterly schedule.

(c)  The commission may not pay a county for supervision of a child for any time after the child:

(1)  is discharged from the commission's custody;

(2)  is returned to a commission facility; or

(3)  transfers his or her residence to another county or state.

(d)  A county that has a contract with the commission must report to the commission on the status and progress of each child for whom the county is receiving payments. The reports shall be made at the time and in the manner specified by the contract.

Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 887, ch. 313, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 179, ch. 44, art. 2, Sec. 45, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 252, Sec. 1, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1099, Sec. 44, eff. Sept. 1, 1987.



Section  61.084.  Termination Of Control.

(a) Except as provided by Subsections (b) and (c), if a person is committed to the commission under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the commission may not discharge the person from its custody.

(b)  The commission shall discharge without a court hearing a person committed to it for a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, who has not been transferred to the Texas Department of Criminal Justice under a court order on the date that the time spent by the person in detention in connection with the committing case plus the time spent at the Texas Youth Commission under the order of commitment equals the period of the sentence.

(c)  The commission shall transfer to the Texas Department of Criminal Justice a person who is the subject of an order under Section 54.11(i)(2), Family Code, transferring the person to the custody of the Texas Department of Criminal Justice for the completion of the person's sentence.

(d)  Repealed by Acts 2003, 78th Leg., ch. 283, Sec. 61(3).

(e)  Except as provided by Subsection (g), the commission shall discharge from its custody a person not already discharged on the person's 19th birthday.

(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64, eff. June 8, 2007.

(g)  The commission shall transfer a person who has been sentenced under a determinate sentence to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been returned to the commission under Section 54.11(i)(1), Family Code, to the custody of the Texas Department of Criminal Justice on the person's 19th birthday, if the person has not already been discharged or transferred, to serve the remainder of the person's sentence on parole as provided by Section 508.156, Government Code.

Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, Sec. 46, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, Sec. 2, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 385, Sec. 16, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 574, Sec. 4, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 262, Sec. 64, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 12.19, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 283, Sec. 48, 61(3), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 53, 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. 87, Sec. 25.114, eff. September 1, 2009.



Section  61.0841.  Determinate Sentence Parole.

(a) Not later than the 90th day before the date the commission transfers a person to the custody of the Texas Department of Criminal Justice for release on parole under Section 61.081(f) or 61.084(g), the commission shall submit to the department all pertinent information relating to the person, including:

(1)  the juvenile court judgment;

(2)  the circumstances of the person's offense;

(3)  the person's previous social history and juvenile court records;

(4)  the person's physical and mental health record;

(5)  a record of the person's conduct, employment history, and attitude while committed to the commission;

(6)  a record of the sentence time served by the person at the commission and in a juvenile detention facility in connection with the conduct for which the person was adjudicated; and

(7)  any written comments or information provided by the commission, local officials, family members of the person, victims of the offense, or the general public.

(b)  The commission shall provide instruction for parole officers of the Texas Department of Criminal Justice relating to juvenile programs at the commission.  The commission and the department shall enter into a memorandum of understanding relating to the administration of this subsection.

(c)  The Texas Department of Criminal Justice shall grant credit for sentence time served by a person at the commission and in a juvenile detention facility, as recorded by the commission under Subsection (a)(6), in computing the person's eligibility for parole and discharge from the department.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.20, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 54, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.115, eff. September 1, 2009.



Subchapter G. Miscellaneous Provisions

Section  61.091.  Cooperation Of Other Agencies.

To effectuate the purpose of this chapter and to make maximum use of existing facilities and personnel, all departments and agencies of the state and all officers and employees of the state, when requested by the commission, shall cooperate with it in all activities consistent with their proper functions.

Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, Sec. 47, eff. April 26, 1983.



Section 61.0911.  Coordinated Strategic Plan. The

Texas Youth Commission shall biennially develop with the Texas Juvenile Probation Commission a coordinated strategic plan in the manner described by Sections 141.0471 and 141.0472.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 65, eff. Jan. 1, 1996.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.013, eff. June 19, 2009.



Section  61.092.  No Forfeiture Of Civil Rights.

Commitment of a child to the custody of the commission does not disqualify the child in any future examination, appointment, or application for public service under the government of the state or of any political subdivision of the state.

Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, Sec. 48, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 45, eff. Sept. 1, 1987.



Section  61.093.  Escape And Apprehension.

(a) If a child who has been committed to the commission and placed by it in any institution or facility has escaped or has been released under supervision and broken the conditions of release:

(1)  a sheriff, deputy sheriff, constable, or police officer may, without a warrant, arrest the child; or

(2)  a commission employee designated by the executive commissioner may, without a warrant or other order, take the child into the custody of the commission.

(b)  A child who is arrested or taken into custody under Subsection (a) may be detained in any suitable place, including an adult jail facility if the person is 17 years of age or older, until the child is returned to the custody of the commission or transported to a commission facility.

(c)  Notwithstanding Section 58.005, Family Code, the commission may disseminate to the public the following information relating to a child who has escaped from custody:

(1)  the child's name, including other names by which the child is known;

(2)  the child's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;

(3)  a photograph of the child; and

(4)  if necessary to protect the welfare of the community, any other information that reveals dangerous propensities of the child or expedites the apprehension of the child.

Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, Sec. 49, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 46, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1086, Sec. 35, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 34, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 55, eff. June 8, 2007.



Section  61.0931.  Apprehension Specialists. (a)

The commission may employ and commission apprehension specialists as peace officers for the purpose of apprehending a child under Section 61.093.

(b)  Peace officers employed and commissioned under Subsection (a) must be certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 415, Government Code.

Added by Acts 1995, 74th Leg., ch. 729, Sec. 2, eff. Aug. 28, 1995.



Section  61.094.  Youth Development Council Fund.

The youth development council fund exists in the treasury as a special fund for the purposes provided by law.

Added by Acts 1987, 70th Leg., ch. 147, Sec. 3, eff. Sept. 1, 1987.



Section  61.095.  Request For Records.

For the purpose of offering a record as evidence in the punishment phase of a criminal proceeding, a prosecuting attorney may obtain the record of a defendant's adjudication that is admissible under Section 3(a), Article 37.07, Code of Criminal Procedure, by submitting a request for the record to the commission. If the commission has a record to which the prosecuting attorney is entitled under this section, the commission shall furnish a copy of the record to the prosecuting attorney. Otherwise, the commission shall notify the prosecuting attorney that the commission does not have a record to which the attorney is entitled under this section.

Added by Acts 1991, 72nd Leg., ch. 206, Sec. 1, eff. May 26, 1991.



Section  61.096.  Liability Of Volunteers.

(a) Except as provided by Subsection (b), a volunteer is not liable for damages arising from an act or omission that results in personal injury, death, or property damage if the act or omission is:

(1)  in the course and scope of the volunteer's duties as a volunteer; and

(2)  not intentional or grossly negligent.

(b)  A volunteer is liable for personal injury, death, or property damage proximately caused by an act or omission related to the operation or use of any motor-driven equipment to the extent of the greater of:

(1)  the amount of financial responsibility required for the motor-driven equipment, if any, under Chapter 601, Transportation Code; or

(2)  the amount of any liability insurance coverage that applies to the act or omission.

(c)  In this section, "volunteer" means an individual rendering services for or on behalf of the commission who does not receive compensation in excess of reimbursement for expenses incurred.

Added by Acts 1997, 75th Leg., ch. 963, Sec. 1, eff. Sept. 1, 1997.



Section  61.097.  Application Of Law Relating To Free Exercise Of Religion.

For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a juvenile detention facility or other correctional facility operated by or under a contract with the commission, a county, or a juvenile probation department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 2, eff. Aug. 30, 1999.



Section 61.098.  Certain Crimes Concerning The Commission.

(a) In this section, "special prosecution unit" means the special prosecution unit established under Subchapter E, Chapter 41, Government Code.

(b)  As appropriate, the district attorney, criminal district attorney, or county attorney representing the state in criminal matters before the district or inferior courts of the county who would otherwise represent the state in the prosecution of an offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, may request that the special prosecution unit prosecute, or assist in the prosecution of, the offense or delinquent conduct.

(c)  The office of inspector general shall on a quarterly basis prepare and deliver to the board of directors of the special prosecution unit a report concerning:

(1)  any alleged criminal offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter; and

(2)  the disposition of any case involving a criminal offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter.

(d)  Notwithstanding Subsection (c), the office of inspector general shall immediately provide the special prosecution unit with a report concerning an alleged criminal offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, if the chief inspector general reasonably believes the offense or conduct is particularly serious and egregious.

(e)  The chief inspector general of the office of inspector general, at the direction of the board of directors of the special prosecution unit, shall notify the foreman of the appropriate grand jury, in the manner provided by Article 20.09, Code of Criminal Procedure, if:

(1)  the chief inspector general receives credible evidence of illegal or improper conduct by commission officers, employees, or contractors that the inspector general reasonably believes jeopardizes the health, safety, and welfare of children in the custody of the commission;

(2)  the chief inspector general reasonably believes the conduct:

(A)  could constitute an offense under Article 104.003(a), Code of Criminal Procedure; and

(B)  involves the alleged physical or sexual abuse of a child in the custody of a commission facility or an investigation related to the alleged abuse; and

(3)  the chief inspector general has reason to believe that information concerning the conduct has not previously been presented to the appropriate grand jury.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 56, eff. June 8, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 947, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 1.014, eff. June 19, 2009.



Section 61.099.  Duty To File Complaint With Law Enforcement Agency.

If the executive commissioner has reasonable cause to believe that a child in the custody of the commission is the victim of a crime committed at a commission facility, the executive commissioner shall immediately file a complaint with the appropriate law enforcement agency.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 56, eff. June 8, 2007.



Subchapter H. Youth Boot Camp Programs

Section  61.101.  Youth Boot Camp Programs.

(a) The commission may establish a youth boot camp program and may employ necessary personnel to operate the youth boot camps.

(b)  The commission, in consultation with the Texas Juvenile Probation Commission, shall develop guidelines for a program of physical and correctional training and military-style discipline for children placed in youth boot camps operated by local probation departments for violating the conditions of release under supervision or parole under Section 61.081.

(c)  The commission shall develop a program of physical and correctional training and military-style discipline for children committed to the commission who are placed in youth boot camps or other commission facilities.

(d)  The commission shall adopt rules of conduct for children participating in the program under this section.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 66, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 36, eff. Sept. 1, 1997.



Subchapter I. Industries Program

Section  61.121.  Purpose; Implementation.

The purposes of the commission industries program are:

(1)  to provide adequate employment and vocational training for children; and

(2)  to develop and expand public and private commission industries.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.122.  Advisory Committee.

(a) A commission industries advisory committee is created consisting of nine members appointed by the commission.

(b)  Members serve staggered three-year terms, with the terms of three members expiring February 1 of each odd-numbered year.

(c)  In making appointments under this section, the commission shall endeavor to include representatives of industries appropriate for hiring children committed to the commission.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.123.  Pay And Distribution Of Pay.

The commission shall apportion wages earned by a child working under the industries program in amounts determined at the discretion of the commission, in the following priority:

(1)  a person to whom the child has been ordered by a court or to whom the child has agreed to pay restitution;

(2)  a person to whom the child has been ordered by a court to pay child support;

(3)  the compensation to victims of crime fund or the compensation to victims of crime auxiliary fund; and

(4)  the child's student account.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1409, Sec. 5, eff. Sept. 1, 1997.



Section  61.124.  Industries Fund.

(a) A Texas Youth Commission industries program fund is created in the state treasury.

(b)  Proceeds from the operation of the industries program shall be deposited in the fund.

(c)  Money from the fund may be appropriated only for use by the commission for the administration of this subchapter.

(d)  Sections 403.094 and 403.095, Government Code, do not apply to the fund.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.125.  Contracts.

To encourage the development and expansion of the industries program, the commission may enter into necessary contracts related to the program.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.126.  Donations.

The industries program may be financed through contributions donated for this purpose by private businesses contracting with the commission.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.127.  Grants.

(a) The commission may accept a grant for the vocational rehabilitation of children.

(b)  The commission shall maintain a record of the receipt and disbursement of a grant and shall annually report to the lieutenant governor and the speaker of the house of representatives on the administration of grant funds.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.128.  Lease Of Land.

(a) The commission may lease land owned by the commission to a private business to expand and develop the industries program.

(b)  The term of the lease may not exceed 20 years.

(c)  The business must lease the land at fair market value.

(d)  The business may construct a new facility on the land or convert an existing facility.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.129.  Certification For Franchise Credit.

The commission shall prepare and issue a certification that a corporation requires for the franchise tax credit for wages paid as provided by Subchapter M, Chapter 171, Tax Code.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.



Section  61.130.  Optional Ad Valorem Tax Abatement.

(a) A business contracting with the commission may enter into an ad valorem tax abatement agreement under Subchapters B and C, Chapter 312, Tax Code, with the governing body of the municipality and county in which the business is located.

(b)  If an area in which businesses contracting with the commission under this subchapter is designated as a reinvestment zone under Chapter 312, Tax Code, the area satisfies Section 312.202(a)(6), Tax Code, in that the area would be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the entity designating the area as a reinvestment zone.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 67, eff. Jan. 1, 1996.

Chapter 62. Detention Homes And Parental Schools

Section  62.001.  Detention Homes And Parental Schools.

(a) Any county may establish detention homes and parental schools for juveniles. The commissioners court may appropriate necessary funds from the general fund of the county to establish, equip, and maintain detention homes and parental schools for the juveniles of the county.

(b)  Any county in which no detention home or parental school exists may appropriate funds necessary to pay for the proper care and training of its juveniles in the detention home or parental school of any county that agrees to receive the juveniles. The cost of the care shall be agreed on by the commissioners courts of the counties concerned.

(c)  If, in the opinion of the commissioners court, it is necessary to levy a special tax to establish and maintain a detention home or parental school or to pay for the care and training of juveniles as provided by Subsection (b) of this section, the commissioners court may hold a special election on the question of levying the tax. If a petition signed by 10 percent of the qualified voters of the county is submitted requesting a special election, the commissioners court shall hold the special election.

(d)  All elections held under Subsection (c) of this section shall be governed by the general laws relating to elections for the levy of special school taxes.

Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.



Section  62.002.  Multicounty Facilities.

(a) The purpose of this section is to enable counties jointly to provide better probation services and detention and diagnostic facilities for juveniles than the counties, acting singly, would be able to provide.

(b)  The commissioners courts of two or more counties may enter into cooperative agreements to acquire, maintain, and operate detention and diagnostic facilities for juveniles. The counties may maintain, improve, and operate the property so acquired and all improvements thereon, and may sell or lease all or any part of the property and improvements in accordance with the terms of the cooperative agreement. The counties may accept any donation or gift made for the purpose of acquiring, maintaining, or operating the juvenile facilities.

(c)  In accordance with the terms of the cooperative agreement, each county which is a party to the agreement may issue the bonds of the county as provided by Chapter 1301, Government Code, for the purpose of acquiring, maintaining, and operating the facilities for juveniles.

(d)  The commissioners courts of two or more counties may enter into cooperative agreements to provide probation services for juveniles. The cooperative agreement shall set forth in detail how the probation services are to be provided and financed.

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.281, eff. Sept. 1, 2001.


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