Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 11. AGING, COMMUNITY-BASED, AND LONG-TERM CARE SERVICES

Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009. (13010)

SUBCHAPTER G. LEGISLATIVE COMMITTEE ON AGING (13011)(1-click HTML)
Sec. 161.251. DEFINITIONS. (13012)(1-click HTML)

In this subchapter: (13013)

(1) "Committee" means the Legislative Committee on Aging. (13014)

(2) "Health and human services agency" has the meaning assigned by Section 531.001, Government Code. (13015)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13016)

Sec. 161.252. LEGISLATIVE COMMITTEE ON AGING ESTABLISHED. (13017)(1-click HTML)

The Legislative Committee on Aging is established to: (13018)

(1) study issues relating to the aging population of Texas, including issues related to the health care, income, transportation, housing, education, and employment needs of that population; and (13019)

(2) make recommendations to address those issues. (13020)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13021)

Sec. 161.253. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. (13022)(1-click HTML)

(a) The committee is composed of: (13023)

(1) two members of the senate appointed by the lieutenant governor; (13024)

(2) two members of the house of representatives appointed by the speaker of the house of representatives; and (13025)

(3) two public members appointed by the governor. (13026)

(b) A member of the committee serves at the pleasure of the appointing official. (13027)

(c) The lieutenant governor and the speaker of the house of representatives shall appoint the presiding officer of the committee on an alternating basis. The presiding officer shall serve a two-year term expiring February 1 of each odd-numbered year. (13028)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13029)

Sec. 161.254. COMMITTEE POWERS AND DUTIES. (13030)(1-click HTML)

(a) The committee shall: (13031)

(1) meet at least biannually at the call of the presiding officer; (13032)

(2) conduct a continuing study of issues relating to the aging population, including issues that are affected by the demographic and geographic diversity of the aging population in this state; (13033)

(3) analyze the availability of, and unmet needs for, state and local services for the aging population; and (13034)

(4) request reports and other information relating to the aging population as necessary from the executive commissioner, the department, other health and human services agencies, the attorney general, and any other state agency. (13035)

(b) The executive commissioner, the department, other health and human services agencies, the attorney general, and any other applicable state agency shall fully cooperate with the committee in performing the committee's duties under this subchapter. (13036)

(c) The committee may issue process, in accordance with Section 301.024, Government Code, to compel attendance of witnesses and the production of books, records, documents, and instruments required by the committee. (13037)

(d) The committee shall use the existing staff resources of the senate and the house of representatives to assist the committee in performing its duties under this section. (13038)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13039)

Sec. 161.255. REPORT. (13040)(1-click HTML)

(a) The committee shall report to the standing committees of the senate and the house of representatives having jurisdiction of issues related to the needs of the aging population not later than November 15 of each even-numbered year. (13041)

(b) The report must include: (13042)

(1) a summary of the hearings and studies conducted by the committee during the preceding year; (13043)

(2) a statement of findings based on the hearings and studies conducted by the committee; and (13044)

(3) recommendations, if any, for legislation. (13045)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13046)

SUBCHAPTER H. CERTAIN INITIATIVES RELATING TO AGING (13047)(1-click HTML)
Sec. 161.301. DEFINITION. (13048)(1-click HTML)

In this subchapter, "fund" means the Chris Kyker Endowment for Seniors Fund established under this subchapter. (13049)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13050)

Sec. 161.302. CONTRACT TO PROVIDE OUTREACH AND INPUT RELATING TO AGING POPULATION. (13051)(1-click HTML)

(a) The executive commissioner may contract with an entity to: (13052)

(1) conduct local forums throughout this state to solicit input on and discuss policies regarding aging-related issues, including issues that are affected by the demographic and geographic diversity of the aging population in this state; (13053)

(2) provide analysis, education, and research services with respect to aging-related issues; and (13054)

(3) identify problems encountered by the aging population in this state and develop and recommend to the executive commissioner and the legislature solutions to those problems. (13055)

(b) If a contract entered into under this section includes a provision that allows a person performing duties under the contract on behalf of the entity to receive a per diem for days spent performing those duties and to be reimbursed for travel expenses incurred in performing those duties, the per diem and reimbursement for travel expenses incurred must be paid at the same rate set in the General Appropriations Act for state employees. (13056)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13057)

Sec. 161.303. ESTABLISHMENT AND ADMINISTRATION OF FUND. (13058)(1-click HTML)

(a) The Chris Kyker Endowment for Seniors Fund is a special fund outside the state treasury held by the comptroller. (13059)

(b) The comptroller shall deposit in the fund: (13060)

(1) money appropriated to the fund; (13061)

(2) grants, gifts, and donations from any other public or private source; and (13062)

(3) income and interest, including depository interest, as provided by Subsection (f). (13063)

(c) The comptroller shall administer and manage the assets of the fund in accordance with this section and the rules adopted by the executive commissioner under Section 161.304(c). In managing the assets of the fund, the comptroller may acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions the comptroller considers appropriate, any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment. (13064)

(d) The expenses of managing fund investments shall be paid from the fund. (13065)

(e) On request, the comptroller shall fully disclose all details concerning the investments of the fund. (13066)

(f) Interest earned on the fund shall be credited to the fund. (13067)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13068)

Sec. 161.304. USE OF FUND. (13069)(1-click HTML)

(a) The following may be used only to fund a contract entered into under Section 161.302: (13070)

(1) contributions to the fund described by Section 161.303(b)(2); and (13071)

(2) income and interest earned on money in the fund described by Section 161.303(b)(3). (13072)

(b) Except as provided by Subsection (a), money in the fund may not be used for any purpose. (13073)

(c) The executive commissioner may adopt rules regarding distribution of money in the fund in accordance with this section. (13074)

Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009. (13075)

SUBCHAPTER I. FALL PREVENTION AWARENESS (13076)(1-click HTML)
Sec. 161.351. LEGISLATIVE FINDINGS. (13077)(1-click HTML)

The legislature finds that: (13078)

(1) in 2008, 1.14 million older Texans were expected to sustain falls; (13079)

(2) the risk factors associated with falling increase with age; (13080)

(3) approximately 20 to 30 percent of older adults who fall suffer moderate to severe injuries, resulting in almost 80,000 hospitalizations annually and constituting 40 percent of all nursing facility placements; (13081)

(4) according to the Centers for Disease Control and Prevention of the United States Public Health Service, the total direct cost of all fall-related injuries in 2000 for people 65 years of age and older exceeded $19 billion nationwide; and (13082)

(5) research shows that a well-designed fall prevention program that includes risk factor assessments, a focused physical activity program, and improvement of the home environment can reduce the incidence of falls by 30 to 50 percent. (13083)

Added by Acts 2009, 81st Leg., R.S., Ch. 95 (H.B. 703), Sec. 1, eff. May 23, 2009. (13084)

Redesignated from Human Resources Code, Section 161.151 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(39), eff. September 1, 2011. (13085)

Amended by: (13086)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.464, eff. April 2, 2015. (13087)

Sec. 161.352. FALL PREVENTION AWARENESS WEEK. (13088)(1-click HTML)

The week that begins on the first Sunday of each year that falls after the date of the autumnal equinox is declared "Fall Prevention Awareness Week." (13089)

Added by Acts 2009, 81st Leg., R.S., Ch. 95 (H.B. 703), Sec. 1, eff. May 23, 2009. (13090)

Redesignated from Human Resources Code, Section 161.152 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(39), eff. September 1, 2011. (13091)

Sec. 161.353. FALL PREVENTION POLICY. (13092)(1-click HTML)

The department may develop recommendations to: (13093)

(1) raise public awareness about fall prevention; (13094)

(2) educate older adults and individuals who provide care to older adults about best practices to reduce the incidence and risk of falls among older adults; (13095)

(3) encourage state and local governments and the private sector to promote policies and programs that help reduce the incidence and risk of falls among older adults; (13096)

(4) encourage area agencies on aging to include fall prevention education in their services; (13097)

(5) develop a system for reporting falls to improve available information on falls; and (13098)

(6) incorporate fall prevention guidelines into state and local planning documents that affect housing, transportation, parks, recreational facilities, and other public facilities. (13099)

Added by Acts 2009, 81st Leg., R.S., Ch. 95 (H.B. 703), Sec. 1, eff. May 23, 2009. (13100)

Redesignated from Human Resources Code, Section 161.153 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(39), eff. September 1, 2011. (13101)

TITLE 12. JUVENILE JUSTICE SERVICES AND FACILITIES (13102)(1-click HTML)

SUBTITLE A. TEXAS JUVENILE JUSTICE BOARD AND TEXAS JUVENILE JUSTICE DEPARTMENT (13103)(1-click HTML)

CHAPTER 201. GENERAL PROVISIONS (13104)(1-click HTML)
Sec. 201.001. DEFINITIONS. (13105)(1-click HTML)

(a) In this title: (13106)

(1) "Board" means the Texas Juvenile Justice Board. (13107)

(2) "Child" means an individual: (13108)

(A) 10 years of age or older and younger than 18 years of age who is under the jurisdiction of a juvenile court; or (13109)

(B) 10 years of age or older and younger than 19 years of age who is committed to the department under Title 3, Family Code. (13110)

(3) "Court" means a juvenile court. (13111)

(4) "Department" means the Texas Juvenile Justice Department. (13112)

(5) "Executive director" means the executive director of the department. (13113)

(6) "Juvenile board" means a body established by law to provide juvenile probation services to a county. (13114)

(7) "State aid" means funds allocated by the department to a juvenile board to financially assist the juvenile board in achieving the purposes of this title and in conforming to the department's standards and policies. (13115)

(a-1) Expired. (13116)

(a-2) Expired. (13117)

(b) Effective December 1, 2011, a reference in other law to: (13118)

(1) the Texas Juvenile Probation Commission means the department; or (13119)

(2) the Texas Youth Commission means the department. (13120)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13121)

Sec. 201.002. PURPOSES AND INTERPRETATION. (13122)(1-click HTML)

This title shall be construed to have the following public purposes: (13123)

(1) creating a unified state juvenile justice agency that works in partnership with local county governments, the courts, and communities to promote public safety by providing a full continuum of effective supports and services to youth from initial contact through termination of supervision; and (13124)

(2) creating a juvenile justice system that produces positive outcomes for youth, families, and communities by: (13125)

(A) assuring accountability, quality, consistency, and transparency through effective monitoring and the use of systemwide performance measures; (13126)

(B) promoting the use of program and service designs and interventions proven to be most effective in rehabilitating youth; (13127)

(C) prioritizing the use of community-based or family-based programs and services for youth over the placement or commitment of youth to a secure facility; (13128)

(D) operating the state facilities to effectively house and rehabilitate the youthful offenders that cannot be safely served in another setting; and (13129)

(E) protecting and enhancing the cooperative agreements between state and local county governments. (13130)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13131)

Sec. 201.003. GOALS. (13132)(1-click HTML)

The goals of the department and all programs, facilities, and services that are operated, regulated, or funded by the department are to: (13133)

(1) support the development of a consistent county-based continuum of effective interventions, supports, and services for youth and families that reduce the need for out-of-home placement; (13134)

(2) increase reliance on alternatives to placement and commitment to secure state facilities, consistent with adequately addressing a youthful offender's treatment needs and protection of the public; (13135)

(3) locate the facilities as geographically close as possible to necessary workforce and other services while supporting the youths' connection to their families; (13136)

(4) encourage regional cooperation that enhances county collaboration; (13137)

(5) enhance the continuity of care throughout the juvenile justice system; and (13138)

(6) use secure facilities of a size that supports effective youth rehabilitation and public safety. (13139)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13140)

Sec. 201.004. INTERAGENCY AND INTERGOVERNMENTAL COOPERATION. (13141)(1-click HTML)

(a) To improve services to youth, the department may cooperate and contract with: (13142)

(1) the federal government; (13143)

(2) governmental agencies in this state and other states; (13144)

(3) political subdivisions of the state; and (13145)

(4) private agencies and foundations. (13146)

(b) The executive director, the commissioner of education, the commissioner of family and protective services, the commissioner of state health services, the executive commissioner of health and human services, and the chair of the workforce commission, or their designees, shall meet at least annually to: (13147)

(1) discuss mutual issues relating to at-risk youth and youthful offenders, and community support systems for families and youth; (13148)

(2) resolve conflicts in providing services to youth; and (13149)

(3) make recommendations to the governor and legislature. (13150)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13151)

CHAPTER 202. ADMINISTRATIVE PROVISIONS (13152)(1-click HTML)
Sec. 202.001. COMPOSITION OF BOARD; PRESIDING OFFICER. (13153)(1-click HTML)

(a) The board is composed of the following 13 members appointed by the governor with the advice and consent of the senate: (13154)

(1) one member who is a district court judge of a court designated as a juvenile court; (13155)

(2) three members who are members of a county commissioners court; (13156)

(3) one prosecutor in juvenile court; (13157)

(4) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes fewer than 7,500 persons younger than 18 years of age; (13158)

(5) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes at least 7,500 but fewer than 80,000 persons younger than 18 years of age; (13159)

(6) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes 80,000 or more persons younger than 18 years of age; (13160)

(7) one adolescent mental health treatment professional licensed under Subtitle B or I, Title 3, Occupations Code; (13161)

(8) one educator, as that term is defined by Section 5.001, Education Code; and (13162)

(9) three members of the general public. (13163)

(b) Members serve staggered six-year terms, with the terms of four or five members expiring on February 1 of each odd-numbered year. (13164)

(c) 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. (13165)

(d) The governor shall make appointments to the board without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (13166)

(e) A member appointed under Subsections (a)(1)-(6) may not hold office in the same county or judicial district as another member appointed under those subsections. (13167)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13168)

Sec. 202.002. RESTRICTIONS ON BOARD MEMBERSHIP AND DEPARTMENT EMPLOYMENT. (13169)(1-click HTML)

(a) A person may not be a public member of the board if the person or the person's spouse: (13170)

(1) is employed in the field of criminal or juvenile justice; (13171)

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department; (13172)

(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 department; or (13173)

(4) uses or receives a substantial amount of tangible goods, services, or money from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. (13174)

(b) A person may not be a board member and may not be a department employee 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: (13175)

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice; or (13176)

(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. (13177)

(c) A person may not be a board member or act as the general counsel to the board or the department 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 department. (13178)

(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. (13179)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13180)

Sec. 202.003. PROVISIONS APPLICABLE TO JUDICIAL MEMBERS. (13181)(1-click HTML)

(a) A judge's place on the board becomes vacant when the judge ceases to hold a judicial office. (13182)

(b) A judge's service on the board is an additional duty of office. (13183)

(c) At the time of appointment to the board, a judge must be a judge of: (13184)

(1) a court designated as a juvenile court; or (13185)

(2) a court that is one of several courts that rotate being the juvenile court. (13186)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13187)

Sec. 202.004. REMOVAL OF BOARD MEMBERS. (13188)(1-click HTML)

(a) It is a ground for removal from the board if a member: (13189)

(1) does not have at the time of taking office the qualifications required by Sections 202.001 and 202.003; (13190)

(2) does not maintain during service on the board the qualifications required by Sections 202.001 and 202.003; (13191)

(3) is ineligible for membership under Section 202.002; (13192)

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the term; or (13193)

(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board. (13194)

(b) The validity of an action of the board is not affected by the fact that the action is taken when a ground for removal of a board member exists. (13195)

(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. (13196)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13197)

Sec. 202.005. BOARD MEMBER RECUSAL. (13198)(1-click HTML)

(a) A chief juvenile probation officer who is a board member shall avoid the appearance of a conflict of interest by not voting or participating in any decision by the board that solely benefits or penalizes or otherwise solely impacts the juvenile probation department over which the chief juvenile probation officer has authority. The chief juvenile probation officer may not vote or render any decisions regarding matters of abuse and neglect presented to the board regarding the chief juvenile probation officer's department. (13199)

(b) The board may adopt recusal requirements in addition to those described by Subsection (a), including requirements that are more restrictive than those described by Subsection (a). (13200)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13201)

Sec. 202.006. TRAINING FOR BOARD MEMBERS. (13202)(1-click HTML)

(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. (13203)

(b) The training program must provide the person with information regarding: (13204)

(1) the legislation that created the department; (13205)

(2) the programs, functions, rules, and budget of the department; (13206)

(3) the results of the most recent formal audit of the department; (13207)

(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and (13208)

(5) any applicable ethics policies adopted by the department or the Texas Ethics Commission. (13209)

(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. (13210)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13211)

Sec. 202.007. REIMBURSEMENT. (13212)(1-click HTML)

A board member is not entitled to compensation for service on the board but is entitled to reimbursement for actual and necessary expenses incurred in performing official duties as a board member. (13213)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13214)

Sec. 202.008. MEETINGS; PUBLIC PARTICIPATION. (13215)(1-click HTML)

(a) The board shall hold regular quarterly meetings on dates set by the board and special meetings at the call of the presiding officer. (13216)

(b) The board shall adopt rules regulating the board's proceedings. (13217)

(c) The board shall keep a public record of the board's decisions at the board's general office. (13218)

(d) 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 department. (13219)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13220)

Sec. 202.009. AUDIT; AUTHORITY OF STATE AUDITOR. (13221)(1-click HTML)

(a) The department is subject to audit by the state auditor in accordance with Chapter 321, Government Code. (13222)

(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 Subchapter C, Chapter 242, or share other information. (13223)

(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. (13224)

(d) Any provision of this title relating to the operations of the office of inspector general does not: (13225)

(1) supersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or (13226)

(2) prohibit the state auditor from: (13227)

(A) conducting an audit, investigation, or other review; or (13228)

(B) having full and complete access to all records and other information concerning the department, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review. (13229)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13230)

Sec. 202.010. SUNSET PROVISION. (13231)(1-click HTML)

The Texas Juvenile Justice Board and the Texas Juvenile Justice Department are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board and the department are abolished September 1, 2021. (13232)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13233)

Amended by: (13234)

Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 1.02, eff. June 18, 2015. (13235)

Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 3, eff. September 1, 2015. (13236)

CHAPTER 203. GENERAL POWERS AND DUTIES OF BOARD AND DEPARTMENT (13237)(1-click HTML)
Sec. 203.001. CONTROL OVER DEPARTMENT; DEPARTMENT MISSION. (13238)(1-click HTML)

(a) The board is the governing body of the department and is responsible for the operations of the department. (13239)

(b) The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department. (13240)

(c) The board shall establish the mission of the department with the goal of establishing a cost-effective continuum of youth services that emphasizes keeping youth in their home communities while balancing the interests of rehabilitative needs with public safety. The board shall establish funding priorities for services that support this mission and that do not provide incentives to incarcerate youth. (13241)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13242)

Sec. 203.002. EXECUTIVE DIRECTOR. (13243)(1-click HTML)

The board shall: (13244)

(1) employ an executive director to administer the department; and (13245)

(2) supervise the director's administration of the department. (13246)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13247)

Sec. 203.003. ACCESSIBILITY TO PROGRAMS AND FACILITIES. (13248)(1-click HTML)

(a) The department shall comply with federal and state laws related to program and facility accessibility. (13249)

(b) The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services. (13250)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13251)

Sec. 203.004. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (13252)(1-click HTML)

(a) The board shall develop and implement a policy to encourage the use of: (13253)

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and (13254)

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction. (13255)

(b) The department'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. (13256)

(c) The department shall: (13257)

(1) coordinate the implementation of the policy adopted under Subsection (a); (13258)

(2) provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and (13259)

(3) collect data concerning the effectiveness of those procedures. (13260)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13261)

Sec. 203.005. GIFTS AND GRANTS. (13262)(1-click HTML)

(a) The department may apply for and accept gifts and grants from any public or private source. (13263)

(b) The department shall deposit money received under this section in the state treasury. The department may use the money for the purpose of funding any activity under this title. (13264)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13265)

Sec. 203.006. MEDICAID BENEFITS. (13266)(1-click HTML)

The department shall: (13267)

(1) identify areas in which federal Medicaid program benefits could be used in a manner that is cost-effective for juveniles in the juvenile justice system; (13268)

(2) develop a program to encourage application for and receipt of Medicaid benefits; (13269)

(3) provide technical assistance to counties relating to eligibility for Medicaid benefits; and (13270)

(4) monitor the extent to which counties make use of Medicaid benefits. (13271)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13272)

Sec. 203.0065. PREVENTION AND INTERVENTION SERVICES. (13273)(1-click HTML)

(a) In this section, "prevention and intervention services" means programs and services intended to prevent or intervene in at-risk behaviors that lead to delinquency, truancy, dropping out of school, or referral to the juvenile justice system. (13274)

(b) The department shall provide prevention and intervention services for: (13275)

(1) at-risk youth who are six years of age or older and younger than 18 years of age and who are: (13276)

(A) subject to compulsory school attendance under the Education Code; or (13277)

(B) under the jurisdiction of the juvenile court; and (13278)

(2) the family of an at-risk youth described by Subdivision (1). (13279)

(c) The prevention and intervention services provided under Subsection (b) must: (13280)

(1) consolidate prevention and intervention services within the department to avoid fragmentation and duplication of programs and services; and (13281)

(2) increase accountability for the delivery and administration of the programs and services. (13282)

(d) The department shall, to the extent funds are available: (13283)

(1) plan, develop, and administer a comprehensive and unified statewide delivery system of the prevention and intervention services to at-risk youth and their families; (13284)

(2) improve the efficiency and responsiveness of prevention and intervention services by facilitating greater coordination and flexibility in the use of funds by state and local service providers; (13285)

(3) ensure program effectiveness by funding evidence-based or research-based programs; (13286)

(4) provide accountability for the provision of services in order to demonstrate the impact or public benefit of a program by adopting outcomes measures; (13287)

(5) assist local communities in the coordination and development of prevention and intervention services in order to maximize access to federal, state, and local resources; and (13288)

(6) provide funding for prevention and intervention services through a competitive process to entities, including private service providers, local juvenile boards, municipal and justice courts, schools, and non-profit organizations. (13289)

(e) The department may seek, through a competitive process, an independent services provider with demonstrated experience in administration of similar statewide projects in Texas to effectively and efficiently provide prevention and intervention services and implement the duties under Subsection (d). (13290)

(f) The department shall periodically evaluate the continued effectiveness of prevention and intervention services provided under this section. (13291)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13292)

Sec. 203.007. STUDIES; STATISTICAL RECORDS. (13293)(1-click HTML)

(a) The department may conduct or participate in studies relating to corrections methods and systems and to treatment and therapy programs at the governor's request or on the department's own initiative. (13294)

(b) The department shall continuously study the problem of juvenile delinquency in this state and the effectiveness of services provided or regulated by the department under Subtitle B or C and shall report the department's findings to the governor and the legislature before each regular legislative session. (13295)

(c) The department shall keep records relating to juveniles within the juvenile justice system that participate in research programs or studies. (13296)

(d) The records must show, for each calendar quarter and for each calendar year: (13297)

(1) the number of juveniles participating in research programs or studies for the appropriate reporting period; (13298)

(2) the type of research program or study in which each juvenile is participating; (13299)

(3) the name of the principal investigator conducting the research program or study; and (13300)

(4) the entity sponsoring the research program or study. (13301)

(e) The department shall submit a report that contains the information in the records kept under Subsection (d) on or before the 15th day after the last day of the appropriate reporting period to the: (13302)

(1) governor; (13303)

(2) lieutenant governor; (13304)

(3) speaker of the house of representatives; and (13305)

(4) members of the senate and house of representatives. (13306)

(f) A report submitted under this section is public information under Chapter 552, Government Code. (13307)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13308)

Sec. 203.008. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (13309)(1-click HTML)

(a) In this section, "evidence" means any record, book, paper, document, data, or other evidence maintained by electronic or other means. (13310)

(b) The department may issue a subpoena requiring the attendance of a witness or the production of evidence that the department considers necessary for the investigation of: (13311)

(1) abuse, neglect, or exploitation allegations; (13312)

(2) complaints; (13313)

(3) financial and programmatic audits of juvenile probation programs, services, and facilities, including juvenile justice alternative education programs; or (13314)

(4) any other matter under the authority of the department, including a determination of treatment under Section 244.005. (13315)

(c) The department may issue a subpoena under Subsection (b) only if the subpoena is signed by: (13316)

(1) the presiding officer of the board or, if the presiding officer is unavailable, the presiding officer's designee; and (13317)

(2) at least two other members of the board, including a board member who is a judge. (13318)

(d) A hearings examiner appointed by the department 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 244.005. The hearings examiner may sign a subpoena. (13319)

(e) Any peace officer, department investigator, other department official, or person authorized under Article 24.01, Code of Criminal Procedure, may serve the subpoena in the same manner that similar process in a court of record having original jurisdiction of criminal actions is served. (13320)

(f) A subpoena under this section shall be served and witness fees and mileage paid as in civil cases in the district court in the county to which the witness is called, unless the proceeding for which the service or payment is made is under Chapter 2001, Government Code, in which case the service or payment shall be made as provided in that chapter. Witnesses subpoenaed at the instance of the department shall be paid their fees and mileage by the department out of funds appropriated for that purpose. (13321)

(g) On application of the department, 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 department, by an attachment for contempt or in the same manner as the court may otherwise compel the production of evidence. (13322)

(h) The presiding officer or a member of the board may administer an oath to a witness in attendance before the department or before an authorized representative of the department. (13323)

(i) If a witness in attendance before the department or before an authorized representative refuses without reasonable cause to be examined or answer a legal or pertinent question, or to produce evidence when ordered by the department, the department may apply to the district court for a rule or order returnable in not less than two or in more than five days, directing the witness to show cause before the judge why the witness should not be punished for contempt. The department may apply to the district court of any county where the witness is in attendance, on proof by affidavit of the fact, unless the order of contempt is sought under Chapter 2001, Government Code, in which case the department shall apply to a district court of Travis County, as provided by that chapter. On return of the order, the judge hearing the matter shall examine the witness under oath and the witness shall be given an opportunity to be heard. If the judge determines that the witness has refused, without reasonable cause or legal excuse, to be examined or answer a legal or pertinent question, or to produce evidence that the witness was ordered to bring or produce, the judge may immediately find the witness in contempt of court. (13324)

(j) The department shall be granted access at any reasonable time to any evidence that is related to any matter the department or executive director considers necessary to administer the department's functions, powers, and duties. (13325)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13326)

Sec. 203.0081. ADVISORY COUNCIL ON JUVENILE SERVICES. (13327)(1-click HTML)

(a) The advisory council on juvenile services consists of: (13328)

(1) the executive director of the department or the executive director's designee; (13329)

(2) the director of probation services of the department or the director's designee; (13330)

(3) the director of state programs and facilities of the department or the director's designee; (13331)

(4) the executive commissioner of the Health and Human Services Commission or the commissioner's designee; (13332)

(5) one representative of the county commissioners courts appointed by the board; (13333)

(6) two juvenile court judges appointed by the board; and (13334)

(7) seven chief juvenile probation officers appointed by the board as provided by Subsection (b). (13335)

(b) The board shall appoint to the advisory council one chief juvenile probation officer from each regional chiefs association in this state from a list of nominees submitted to the board by each regional chiefs association. To the greatest extent practicable, a regional chiefs association shall include in its list of nominees: (13336)

(1) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes fewer than 7,500 persons younger than 18 years of age; (13337)

(2) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes at least 7,500 but fewer than 80,000 persons younger than 18 years of age; and (13338)

(3) one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes 80,000 or more persons younger than 18 years of age. (13339)

(c) Advisory council members, other than ex officio members, serve staggered two-year terms, with the terms of one-half of the members, as nearly as practicable, expiring on February 1 of each year. (13340)

(d) The advisory council shall report to the board any determinations made under Subsection (e). (13341)

(e) The advisory council shall assist the department in: (13342)

(1) determining the needs and problems of county juvenile boards and probation departments; (13343)

(2) conducting long-range strategic planning; (13344)

(3) reviewing and proposing revisions to existing or newly proposed standards affecting juvenile probation programs, services, or facilities; (13345)

(4) analyzing the potential cost impact on juvenile probation departments of new standards proposed by the board; and (13346)

(5) advising the board on any other matter on the request of the board. (13347)

(f) The advisory council is not subject to Chapter 2110, Government Code. (13348)

Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011. (13349)

Amended by: (13350)

Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 5, eff. September 1, 2013. (13351)

Sec. 203.0082. FEES. (13352)(1-click HTML)

If the General Appropriations Act does not specify the amount of the fee, the board by rule may establish fees that: (13353)

(1) are reasonable and necessary; (13354)

(2) produce revenue sufficient for the administration of this chapter; and (13355)

  

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