HUMAN RESOURCES CODE
TITLE 3. FACILITIES AND SERVICES FOR CHILDREN
SUBTITLE A. FACILITIES FOR CHILDREN
CHAPTER 61. TEXAS YOUTH COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
§ 61.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Youth Commission.
(2) "Board" means the governing board of the
commission.
(3) "Chairman" means the chairman of the board.
(4) "Executive director" means the executive director
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.
Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 163, ch. 44, art. 2, §
1, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, § 1, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, § 1, eff. Sept. 1,
1987.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, §
2, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 2, eff.
Sept. 1, 1987.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, §
3, eff. April 26, 1983.
§ 61.012. MEMBERS OF THE GOVERNING BOARD. (a) The
governing board of the Texas Youth Commission consists of seven
members appointed by the governor with the 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.
(b) Members of the board must be citizens who are recognized
within their communities for their interest in youth.
(c) The board members hold office for staggered terms of six
years, with the terms of two or three members expiring every two
years.
(d) A member is eligible for reappointment.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, §
4, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 3, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1170, § 49.01, eff. Sept. 1,
2003.
§ 61.0121. QUALIFICATIONS FOR BOARD MEMBERS AND
EMPLOYEES. (a) A person is not eligible for appointment to the
board if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
commission;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the commission; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of criminal or juvenile justice may
not be a member of the board or an employee of the commission who is
exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position
classification salary schedule.
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of
criminal justice or juvenile justice may not be a member of the
board and may not be an employee of the commission who is exempt
from the state's position classification plan or is compensated at
or above the amount prescribed by the General Appropriations Act
for step 1, salary group 17, of the position classification salary
schedule.
(d) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
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.
(e) A person may not serve as 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.
Added by Acts 1987, 70th Leg., ch. 1099, § 4(a), eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 2, eff. Sept.
1, 1997.
§ 61.0122. BOARD MEMBER TRAINING. (a) To be eligible
to take office as a member of the board, a person appointed to the
board must complete at least one course of a training program that
complies with this section.
(b) The training program must provide information to the
person regarding:
(1) the enabling legislation that created the
commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interests laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the board.
Added by Acts 1997, 75th Leg., ch. 319, § 3, eff. Sept. 1, 1997.
§ 61.013. PRESIDING OFFICER; MEETINGS. (a) The
governor shall designate a member of the board as the chairman of
the board to serve in that capacity at the pleasure of the governor.
(b) The board shall meet at least four times each year.
(c) A meeting shall be held on the call of the chairman or on
the request of four members at the time and place designated by the
chairman.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 165, ch. 44, art. 2, §
5, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 5, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 4, eff. Sept. 1,
1997.
§ 61.014. QUORUM. Four members constitute a quorum for
the exercise of functions of the commission not delegated to the
executive director or other employees.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 165, ch. 44, art. 2, §
6, eff. April 26, 1983.
§ 61.015. PER DIEM; EXPENSES. 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.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 165, ch. 44, art. 2, §
7, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 6, eff.
Sept. 1, 1987.
§ 61.0151. REMOVAL FROM OFFICE. (a) It is a ground for
removal from the board if a member:
(1) does not have at the time of appointment the
qualifications required by Subsection (a) of Section 61.0121 of
this chapter for appointment to the board;
(2) does not maintain during the member's service on
the board the qualifications required by Subsection (a) of Section
61.0121 of this chapter for appointment to the board;
(3) violates a prohibition established by Subsection
(b) or (c) of Section 61.0121 of this chapter;
(4) is unable to discharge the member's duties for a
substantial part of the term for which the member was appointed
because of illness or disability; or
(5) is absent from more than one-half of the regularly
scheduled board meetings that the member is eligible to attend
during each calendar year, except when the absence is excused by
majority vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it was taken when a ground for removal of a member of
the board existed.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
chairman of the board of the potential ground. The chairman of the
board shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the chairman, the executive director shall notify
the next highest ranking officer of the board, who shall notify the
governor and the attorney general that a potential ground for
removal exists.
Added by Acts 1987, 70th Leg., ch. 1099, § 7, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 319, § 5, eff. Sept. 1,
1997.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, §
8, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 8, eff.
Sept. 1, 1987.
§ 61.017. EXECUTIVE DIRECTOR. (a) The commission
shall employ an executive director, selected by the board, to serve
at the will of the board.
(b) The executive director shall devote full time to the
work of the commission.
(c) The executive director is entitled to actual expenses
while on commission business.
Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, §
9, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 9, eff.
Sept. 1, 1987.
§ 61.019. DELEGATION OF POWERS AND DUTIES. Any power,
duty, or function of the commission or of the board may be exercised
and performed by the executive director or any member or employee
designated or assigned by the board or by the executive director.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, §
11, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 10,
eff. Sept. 1, 1987.
§ 61.0191. AUDIT. The financial transactions of the
commission are subject to audit by the state auditor in accordance
with Chapter 321, Government Code.
Added by Acts 1987, 70th Leg., ch. 1099, § 11, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 584, § 79, eff. Sept.
1, 1989.
§ 61.020. SUNSET PROVISION. 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, 2009.
Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, §
12, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 479, § 211,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, § 12, eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.03,
eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, § 1.04, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 319, § 6, eff. Sept. 1,
1997.
§ 61.022. ACCESSIBILITY TO PROGRAMS AND
FACILITIES. The commission shall comply with federal and state
laws related to program and facility accessibility. The executive
director 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, § 7, eff. Sept. 1, 1997.
SUBCHAPTER C. POWERS AND DUTIES
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, §
13, eff. April 26, 1983.
§ 61.0315. REVIEW OF 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, and emotionally disturbed children.
(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.
Added by Acts 1995, 74th Leg., ch. 262, § 56, eff. Jan. 1, 1996.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, §
14, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 13,
eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, §
15, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 14,
eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 8, eff.
Sept. 1, 1997.
§ 61.034. POLICIES AND RULES. (a) The commission is
responsible for the adoption of all policies and shall make rules
appropriate to the proper accomplishment of its functions.
(b) The commission shall adopt rules for the government of
the schools, facilities, and programs under its authority and shall
see that the schools, facilities, and programs are conducted
according to law and to the commission'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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, §
16, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 15,
eff. Sept. 1, 1987.
§ 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) The commission may remove any employee for cause, and a
decision by the commission is final.
(c), (d) Repealed by Acts 1997, 75th Leg., ch. 319, § 17,
eff. Sept. 1, 1997.
Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, §
17, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 16,
52(a), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 17,
eff. Sept. 1, 1997.
§ 61.0351. PROFESSIONAL INFORMATION FOR MEMBERS AND
EMPLOYEES. The executive director or the executive director's
designee shall provide to members of the 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, § 17, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 9, eff. Sept.
1, 1997.
§ 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 executive director and the staff of the
commission.
Added by Acts 1987, 70th Leg., ch. 1099, § 17, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 10, eff. Sept.
1, 1997.
§ 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, § 17, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 11, eff. Sept.
1, 1997.
§ 61.0354. JOB PERFORMANCE EVALUATIONS. The executive
director or the executive director's designee 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, § 17, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 12, eff. Sept.
1, 1997.
§ 61.0355. EQUAL EMPLOYMENT OPPORTUNITY POLICY
STATEMENT. (a) The executive director or the executive
director's designee 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, § 18(a), eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 13, eff. Sept.
1, 1997.
§ 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, § 24.03,
eff. Sept. 1, 1995.
Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, §
18, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 19,
eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 258, § 2, eff. Aug.
26, 1991; Acts 1995, 74th Leg., ch. 876, § 24.03, eff. Sept. 1,
1995.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 169, ch. 44, art. 2, §
19, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 20,
eff. Sept. 1, 1987.
§ 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, § 21, eff. Sept. 1,
1987.
§ 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, § 3, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, §
20, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 22,
eff. Sept. 1, 1987.
§ 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, § 3, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, §
21, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 430, § 1, eff.
June 11, 1985; Acts 1987, 70th Leg., ch. 1099, § 23, eff. Sept.
1, 1987.
§ 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, § 24, eff. Sept. 1,
1987.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. II, §
22, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 25,
eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, §
23, eff. April 26, 1983.
§ 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, § 26, eff. Sept. 1,
1987.
§ 61.0422. COMPLAINTS REGARDING SERVICES. (a) The
commission shall keep a file about each written 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
provide to the person filing the complaint and the persons or
entities complained about the commission's policies and procedures
pertaining to complaint investigation and resolution. The
commission, at least quarterly and until final disposition of the
complaint, shall notify the person filing the complaint and the
persons or entities complained about of the status of the complaint
unless the notice would jeopardize an undercover investigation.
(b) The commission shall keep information about each file
required by Subsection (a). The information must include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for complaints for which the commission took no
action, an explanation of the reason the complaint was closed
without action.
(c) 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, § 26, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 14, eff. Sept.
1, 1997.
§ 61.0423. PUBLIC HEARINGS. 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.
Added by Acts 1987, 70th Leg., ch. 1099, § 26, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 319, § 15, eff. Sept.
1, 1997.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, §
24, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 27,
eff. Sept. 1, 1987.
§ 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, § 27, eff. Sept. 1,
1987. Amended by Acts 1993, 73rd Leg., ch. 302, § 1, eff. Aug.
30, 1993.
§ 61.0432. STUDENT TRUST FUND. 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.
Added by Acts 1987, 70th Leg., ch. 1099, § 27, eff. Sept. 1,
1987.
§ 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, § 1, eff. Sept. 1, 1991.
§ 61.044. DUTIES OF EXECUTIVE DIRECTOR. (a) The
executive director shall perform the duties assigned by the
commission.
(b) The executive director shall prepare and submit to the
commission for its approval 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 commission in the form and manner and
within the time prescribed by law.
Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, §
25, eff. April 26, 1983.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, §
26, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 28,
eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, §
27, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 29,
eff. Sept. 1, 1987.
§ 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, § 1, eff. Jan. 1, 1996;
Acts 1995, 74th Leg., ch. 664, § 2, eff. Jan. 1, 1996.
§ 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, § 30, eff. Sept. 1,
1987.
§ 61.049. CROCKETT STATE SCHOOL FOR GIRLS. The Crockett
State School for Girls is under the jurisdiction and control of the
commission.
Added by Acts 1991, 72nd Leg., ch. 76, § 4, eff. Sept. 1, 1991.
§ 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, § 1, eff. May 23, 1995.
§ 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, § 16, eff. Sept. 1, 1997.
§ 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, § 16, eff. Sept. 1, 1997.
§ 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, § 16, eff. Sept. 1, 1997.
§ 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, § 1, eff. June 19, 1997.
Renumbered from § 61.051 by Acts 1999, 76th Leg., ch. 62, §
19.01(80), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch.
624, § 1, eff. June 20, 2003.
SUBCHAPTER D. ADMISSION AND COMMITMENT
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 174, ch. 44, art. 2, §
32, eff. April 26, 1983.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 174, ch. 44, art. 2, §
33, eff. April 26, 1983.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, §
34, eff. April 26, 1983; Acts 1999, 76th Leg., ch. 1188, § 4.03,
eff. Sept. 1, 1999.
SUBCHAPTER E. CARE AND TREATMENT OF CHILDREN
§ 61.071. INITIAL EXAMINATION. 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 long-term
planning for the child, including a determination of whether the
child will need long-term residential care.
Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, §
35, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 31,
eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1048, § 4, eff.
Sept. 1, 1993.
§ 61.072. REEXAMINATION. The commission shall
periodically reexamine each child under its control except those on
release under supervision or in foster homes. The examination of a
child may be made as frequently as the commission considers
desirable, but shall be made at intervals not exceeding one year.
Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, §
36, eff. April 26, 1983.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, §
37, eff. April 26, 1983; Acts 1983, 68th Leg., p. 4584, ch. 769,
§ 2, eff. June 19, 1983; Acts 1987, 70th Leg., ch. 1099, § 32,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, § 57, eff.
Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1086, § 32, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 283, § 46, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1294, § 1, eff. Sept. 1, 2003.
§ 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.
Added by Acts 2003, 78th Leg., ch. 283, § 47, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1294, § 2, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, §
38, eff. April 26, 1983.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, §
39, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 33,
eff. Sept. 1, 1987.
§ 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, § 2, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 177, ch. 44, art. 2, §
40, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 34,
eff. Sept. 1, 1987.
§ 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, § 35, eff. Sept. 1,
1987.
§ 61.0762. INFANT CARE AND PARENTING PROGRAM. (a) The
commission may establish infant care and parenting programs for
children who are parents.
(b) The commission may permit a child who is the mother of an
infant younger than 36 months to have possession of her infant in a
residential program that has an infant care and parenting program
until the infant reaches the age of 36 months or the mother is
released under supervision if:
(1) the infant's father or another relative or
guardian of the infant agrees in advance of the infant's placement
with the infant's mother to assume possession of the infant
immediately upon notice by the commission to do so;
(2) the infant's parents and any other person having a
duty of support acknowledge that by permitting the mother to have
possession of the infant while the mother is confined in a
residential facility, the commission assumes no responsibility for
the infant's care beyond the responsibility of care that is
ordinarily due the infant's mother and the reasonable
accommodations that are necessary for the mother's care of the
infant;
(3) the infant'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
infant's support, including medical support; and
(4) the commission determines that the placement is in
the best interest of both the mother and her infant.
Added by Acts 1999, 76th Leg., ch. 162, § 1, eff. Aug. 30, 1999.
§ 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.
Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 177, ch. 44, art. 2, §
41, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 36,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, § 60, eff. May
31, 1995; Acts 1997, 75th Leg., ch. 1086, § 33, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 1477, § 32, eff. Sept. 1, 1999.
§ 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, § 34, eff. June 19,
1997. Amended by Acts 1999, 76th Leg., ch. 1477, § 33, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1294, § 3, eff. Sept. 1,
2003.
§ 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, § 2, eff. Aug.
31, 1981. Amended by Acts 1983, 68th Leg., p. 178, ch. 44, art. 2,
§ 42, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, §
38, eff. Sept. 1, 1987.
§ 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 21 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
institutional division of the Texas Department of Criminal Justice
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
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, § 17, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 262, § 61, eff. Jan. 1,
1996.
SUBCHAPTER F. RELEASE
§ 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.
Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2223, ch. 523, § 1,
eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 178, ch. 44, art. 2,
§ 43, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 385, §
15, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1099, § 39 to
41, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, §
16.01(26), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 262, §
62, eff. Jan. 1, 1996.
§ 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, § 42(a), eff. Sept. 1,
1987. Amended by Acts 1993, 73rd Leg., ch. 1048, § 5, eff. Sept.
1, 1993.
§ 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, § 63, eff. Jan. 1, 1996.
§ 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, § 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 211, § 17, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1420, § 14.814, eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 179, ch. 44, art. 2, §
44, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 43,
eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 887, ch. 313, § 1, eff.
Aug. 31, 1981; Acts 1983, 68th Leg., p. 179, ch. 44, art. 2, §
45, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 252, § 1, eff.
Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1099, § 44, eff. Sept.
1, 1987.
§ 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 institutional division of 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 institutional
division of 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 institutional
division of the Texas Department of Criminal Justice for the
completion of the person's sentence.
(d) Repealed by Acts 2003, 78th Leg., ch. 283, § 61(3).
(e) Except as provided by Subsection (f) or (g), the
commission shall discharge from its custody a person not already
discharged on the person's 21st birthday.
(f) 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 pardons and paroles division of the Texas
Department of Criminal Justice to serve the remainder of the
person's sentence on parole as provided by Section 508.156,
Government Code, when the person is released under supervision
after becoming 19 years of age.
(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 pardons and paroles division of the Texas
Department of Criminal Justice on the person's 21st 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, §
46, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, § 2, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 385, § 16, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 574, § 4, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 262, § 64, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 165, § 12.19, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 283, § 48, 61(3), eff. Sept. 1, 2003.
§ 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 pardons and paroles division of the Texas
Department of Criminal Justice for release on parole under Section
61.081(f) or 61.084(f) or (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, or victims of the offense.
(b) The commission shall provide instruction for parole
officers of the pardons and paroles division relating to juvenile
programs at the commission. The commission and the pardons and
paroles division shall enter into a memorandum of understanding
relating to the administration of this subsection.
Added by Acts 1997, 75th Leg., ch. 165, § 12.20, eff. Sept. 1,
1997.
SUBCHAPTER G. MISCELLANEOUS PROVISIONS
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, §
47, eff. April 26, 1983.
§ 61.0911. COORDINATED STRATEGIC PLAN. The Texas Youth
Commission shall biennially develop with the Texas Juvenile
Probation Commission a coordinated strategic plan as required by
Section 141.0471.
Added by Acts 1995, 74th Leg., ch. 262, § 65, eff. Jan. 1, 1996.
§ 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, §
48, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 45,
eff. Sept. 1, 1987.
§ 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 parole officer or other commission employee
designated by the executive director 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, §
49, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 46,
eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1086, § 35, eff.
June 19, 1997; Acts 1999, 76th Leg., ch. 1477, § 34, eff. Sept.
1, 1999.
§ 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, § 2, eff. Aug. 28, 1995.
§ 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, § 3, eff. Sept. 1, 1987.
§ 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, § 1, eff. May 26, 1991.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 2, eff. Aug. 30, 1999.
SUBCHAPTER H. YOUTH BOOT CAMP PROGRAMS
§ 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, § 66, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1086, § 36, eff. Sept. 1,
1997.
SUBCHAPTER I. INDUSTRIES PROGRAM
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1409, § 5, eff. Sept. 1,
1997.
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
§ 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, § 67, eff. Jan. 1, 1996.
