OCCUPATIONS CODE
CHAPTER 110. COUNCIL ON SEX OFFENDER TREATMENT
SUBCHAPTER A. GENERAL PROVISIONS
§ 110.001. DEFINITIONS.
See also italicized material following text of this section
In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Council" means the Council on Sex Offender
Treatment.
(3) "Department" means the Texas Department of Health.
(4) "Registry" means a database maintained by the
council that contains the names of persons who:
(A) have met the council's criteria for the
treatment of sex offenders; and
(B) provide mental health or medical services for
the rehabilitation of sex offenders.
(5) "Rehabilitation service" means a mental health
treatment or medical intervention program designed to treat or
remedy a sex offender's mental or medical problem that may relate or
contribute to the sex offender's criminal or paraphiliac problem.
(6) "Sex offender" means a person who:
(A) is convicted of committing or adjudicated to
have committed a sex crime under state or federal law;
(B) is awarded deferred adjudication for a sex
crime under state or federal law;
(C) admits to having violated state or federal
law with regard to sexual conduct; or
(D) experiences or evidences a paraphiliac
disorder as defined by the Revised Diagnostic and Statistical
Manual, including any subsequent revision of that manual.
(7) "Sex offender treatment provider" means a person,
licensed or certified to practice in this state, including a
physician, psychiatrist, psychologist, licensed professional
counselor, licensed marriage and family therapist, or social
worker, who provides mental health or medical services for
rehabilitation of sex offenders.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
Amendment by Acts 2003, 78th Leg., ch. 892, § 35
Section 1.02(a) of Acts 2003, 78th Leg., ch. 1276 provides, in part,
that the "repeal of a statute by this Act does not affect an
amendment, revision, or reenactment of the statute by the 78th
Legislature, Regular Session, 2003. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised or
reenacted."
Section 35 of Acts 2003, 78th Leg., ch. 892, eff. Sept. 1, 2003,
adds § 1(7) of Vernon's Ann.Civ.St. art. 4413(51) [now this
section] without reference to the repeal of said article by Acts
2003, 78th Leg., ch. 1276, § 14.005(b). As so added, § 1(7)
reads:
"(7) "Sex offender treatment provider' means a person, licensed or
certified to practice in this state, who provides mental health or
medical services for rehabilitation of sex offenders, including a
physician, psychiatrist, psychologist, licensed professional
counselor, licensed marriage and family therapist, or social
worker."
SUBCHAPTER B. COUNCIL ON SEX OFFENDER TREATMENT
§ 110.051. COUNCIL; MEMBERSHIP.
See also material following text of this section
(a) The council is within the department.
(b) The council consists of six part-time members,
appointed by the governor with the advice and consent of the senate
as follows:
(1) two representatives of the public; and
(2) four members each of whom meets the requirements
for registration as a sex offender treatment provider.
(c) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
Amendment by Acts 2003, 78th Leg., ch. 1170, § 42.01
Section 1.02(a) of Acts 2003, 78th Leg., ch. 1276 provides, in part,
that the "repeal of a statute by this Act does not affect an
amendment, revision, or reenactment of the statute by the 78th
Legislature, Regular Session, 2003. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised or
reenacted."
Section 42.01 of Acts 2003, 78th Leg., ch. 1170, eff. Sept. 1, 2003,
amends § 3(a) of Vernon's Ann.Civ.St. art. 4413(51) [now this
section] without reference to the repeal of said article by Acts
2003, 78th Leg., ch. 1276, § 14.005(b). As so amended, § 3(a)
reads:
"§ 3. (a) The council is composed of seven part-time members,
including three members who are representatives of the general
public and four members each of whom meets the council's
requirements for registration as a sex offender treatment provider.
A person is not eligible for appointment as a public member if the
person meets the council's requirements for registration as a sex
offender treatment provider or if the person or the person's
spouse:
"(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of sex offender treatment;
"(2) is employed by or participates in the management of a
business entity or other organization regulated by the council or
receiving funds from the council;
"(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the council or receiving funds from the council; or
"(4) uses or receives a substantial amount of tangible goods,
services, or funds from the council, other than compensation or
reimbursement authorized by law for council membership,
attendance, or expenses."
§ 110.052. PUBLIC MEMBERSHIP ELIGIBILITY. A person is
not eligible for appointment as a public member if:
(1) the person meets the requirements for registration
as a sex offender treatment provider; or
(2) the person or the person's spouse:
(A) is registered, certified, or licensed by an
occupational regulatory agency in the field of sex offender
treatment;
(B) is employed by or participates in the
management of a business entity or other organization regulated by
the council or receiving funds from the council;
(C) owns or controls, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by the council or receiving funds from the
council; or
(D) uses or receives a substantial amount of
tangible goods, services, or funds from the council, other than
compensation or reimbursement authorized by law for council
membership, attendance, or expenses.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.053. MEMBERSHIP AND EMPLOYEE
RESTRICTIONS. (a) In this section, "Texas trade association"
means 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.
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of sex offender treatment may not be
a member of the council and may not be an employee of the council 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 A17, 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 sex
offender treatment may not be a member of the council and may not be
an employee of the council 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 A17, of the position classification salary schedule.
(d) A person may not serve as a member of the council or act
as the general counsel to the council 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 council.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.054. TERMS.
See also italicized material following text of this section
Members of the council serve staggered six-year terms. The
terms of two members expire on February 1 of each odd-numbered year.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
Amendment by Acts 2003, 78th Leg., ch. 1170, § 42.02
Section 1.02(a) of Acts 2003, 78th Leg., ch. 1276 provides, in part,
that the "repeal of a statute by this Act does not affect an
amendment, revision, or reenactment of the statute by the 78th
Legislature, Regular Session, 2003. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised or
reenacted."
Section 42.02 of Acts 2003, 78th Leg., ch. 1170, eff. Sept. 1, 2003,
amends § 4(a) of Vernon's Ann.Civ.St. art. 4413(51) [now this
section] without reference to the repeal of said article by Acts
2003, 78th Leg., ch. 1276, § 14.005(b). As so amended, § 4(a)
reads:
"§ 4. (a) Members of the council hold office for staggered terms
of six years, with two or three members' terms expiring February 1
of each odd-numbered year."
§ 110.055. PRESIDING OFFICER. The governor shall
designate a member of the council as the presiding officer of the
council to serve in that capacity at the pleasure of the governor.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the council that a member:
(1) does not have at the time of appointment the
qualifications required by Sections 110.051(b) and 110.052;
(2) does not maintain during service on the council
the qualifications required by Sections 110.051(b) and 110.052;
(3) does not complete the training program as required
by Section 110.059;
(4) violates a prohibition established by Section
110.053;
(5) cannot because of illness or disability discharge
the member's duties for a substantial part of the member's term; or
(6) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the council.
(b) The validity of an action of the council is not affected
by the fact the action is taken when a ground for removal of a
council member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the council 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 council, who shall notify the governor and the attorney general
that a potential ground exists.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.057. MEETINGS. (a) The council shall meet at
least four times each year.
(b) The council may hold additional meetings at the call of
the presiding officer or as provided by council rule.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.058. COMPENSATION; REIMBURSEMENT. (a) A
council member may not receive compensation for performing the
duties of the council.
(b) A council member is entitled to reimbursement for travel
and other necessary expenses incurred in performing official duties
at the rate provided in the General Appropriations Act for state
employees.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.059. TRAINING. (a) To be eligible to take office
as a member of the council, a person appointed to the council must
complete at least one course of a training program that complies
with this section. If the person has not completed the training
course at the time of the appointment, the person must complete the
training program not later than six months after the date of
appointment.
(b) The training program must provide information to a
person regarding:
(1) the enabling legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council, with an emphasis on the
rules relating to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of Chapters 551, 552, and 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act, as
if the person were a member of the council.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND STAFF
§ 110.101. EXECUTIVE DIRECTOR. The commissioner of
public health shall employ an executive director, chosen with the
advice and consent of the council, who is the executive head of the
council and performs its administrative duties.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.102. STAFF. The executive director shall employ
staff necessary to administer the council's duties.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.103. DIVISION OF RESPONSIBILITIES. The council
shall develop and implement policies that clearly separate the
policymaking responsibilities of the council and the management
responsibilities of the executive director and the staff of the
council.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.104. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide, as often as necessary, to council members
and employees information regarding their:
(1) qualifications for office or employment under this
chapter; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
SUBCHAPTER D. COUNCIL POWERS AND DUTIES
§ 110.151. TREATMENT FOR SEX OFFENDERS. The council
shall:
(1) develop treatment strategies for sex offenders by
evaluating in-state and out-of-state programs for sex offender
treatment;
(2) set standards for treatment of sex offenders that
must be met by sex offender treatment providers to be eligible for
inclusion in the council's registry; and
(3) recommend to licensing and regulatory boards and
to the directors of current programs methods of improving programs
to meet council standards.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.152. REGISTRY AND REGISTRATION REQUIREMENTS. The
council shall:
(1) maintain a registry; and
(2) develop and implement by rule:
(A) registration requirements; and
(B) procedures for sex offender treatment
providers in the registry.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.153. COLLECTION AND DISSEMINATION OF
INFORMATION. The council shall collect and disseminate
information about available sex offender treatment programs to:
(1) judicial officers;
(2) community supervision or parole workers;
(3) appropriate state and municipal agencies; and
(4) the public.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.154. DISTRIBUTION OF MONEY. The council shall
distribute money appropriated to the council by the legislature for
that purpose to political subdivisions, private organizations, or
other persons to be used for the development, operation, or
evaluation of sex offender treatment programs.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.155. AGENCY ASSISTANCE. The council shall advise
and assist agencies in coordinating procedures to provide treatment
services. The treatment services may include community-based
programs.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.156. ADJUDICATION INFORMATION. (a) The council
shall establish a uniform method of obtaining adjudication
information. The uniform method must require that:
(1) a complete set of fingerprints, the complete name
of the person being investigated, or other information necessary to
conduct a criminal history background check be submitted to the
Department of Public Safety or another law enforcement agency; and
(2) if fingerprints are submitted, the fingerprints be
submitted to the Federal Bureau of Investigation for further
information if a relevant disqualifying record or other substantive
information is not obtained from a state or local law enforcement
agency.
(b) A law enforcement agency may provide to the council
information about the conviction or deferred adjudication of a
person being investigated only if the information:
(1) is relevant to the person's current or proposed
registration; and
(2) was collected in accordance with this section.
(c) The council is not entitled to adjudication information
that is not relevant. Adjudication information is relevant only if
it relates to a conviction or deferred adjudication for:
(1) a sexual offense;
(2) murder, assault, battery, or any other offense
involving personal injury or threat to another person; or
(3) a felony not listed in Subdivision (1) or (2).
(d) All adjudication information received by the council is
privileged information and for the exclusive use of the council.
The information may be released or otherwise disclosed to any other
person or agency only:
(1) on court order; or
(2) with the consent of the person being investigated.
(e) The council by rule shall establish a method to collect
and destroy adjudication information after the council makes a
decision on the eligibility of the person for registration who is
the subject of the information. The council shall destroy the
adjudication information not later than the first anniversary of
the date of the council's decision on the person's eligibility for
registration.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.157. CONTINUING EDUCATION PROGRAMS. The council
shall design and conduct continuing education programs for sex
offender treatment providers.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.158. RULEMAKING. The council may adopt rules
consistent with this chapter. In adopting rules, the council
shall:
(1) consider the rules and procedures of the board and
the department; and
(2) adopt procedural rules consistent with similar
existing rules and procedures of the board or the department.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.159. COLLECTION OF FEES. (a) The council shall:
(1) charge and collect reasonable fees in amounts
necessary to cover the costs of administering this chapter; and
(2) send all fees collected under this section to the
department.
(b) Fees charged and collected by the council under this
section may include:
(1) sex offender treatment provider registration and
renewal fees;
(2) training fees;
(3) publication fees; and
(4) fees for providing continuing education and other
services to sex offender treatment providers.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.160. BIENNIAL REPORT. (a) The council shall
file biennially a report with the governor, lieutenant governor,
and speaker of the house of representatives about the activities of
the council. The council shall include in the report:
(1) any recommendation made under Section 110.151;
and
(2) any other recommendation the council considers
appropriate.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.161. PUBLICATION OF REGISTRY. (a) The council
shall prepare annually a list of registered sex offender treatment
providers.
(b) The council by rule shall establish procedures for
developing and distributing the list of registered sex offender
treatment providers.
(c) The council, on request, shall make the list of
registered sex offender treatment providers available on payment of
a reasonable fee in an amount sufficient to cover the costs of
printing and distribution.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.162. CONFIDENTIALITY REQUIRED. The council and
the staff and consultants employed by the council shall keep
confidential any record relating to the identity, examination,
diagnosis, prognosis, or treatment of a sex offender.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.163. GRANTS AND DONATIONS. The council may apply
for and accept on behalf of the state a grant or donation from any
source to be used by the council to perform its duties.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE
§ 110.201. INTERAGENCY ADVISORY COMMITTEE. The
interagency advisory committee shall advise the council on
administering the council's duties under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.202. ADVISORY COMMITTEE MEMBERSHIP. (a) The
executive head of each of the following agencies or that person's
designated representative shall serve as a member of the
interagency advisory committee:
(1) Texas Department of Criminal Justice;
(2) Texas Juvenile Probation Commission;
(3) Texas Department of Mental Health and Mental
Retardation;
(4) Texas Youth Commission;
(5) Sam Houston State University;
(6) Department of Protective and Regulatory Services;
and
(7) Texas Council of Community Mental Health and
Mental Retardation Centers.
(b) The director of each of the following divisions of a
state agency or that person's designated representative shall serve
as a member of the interagency advisory committee:
(1) the criminal justice division of the governor's
office; and
(2) the sexual assault prevention and crisis services
division of the office of the attorney general.
(c) The council may appoint additional members to the
interagency advisory committee as the council determines is
necessary. An additional member appointed by the council must be a
representative of a public or private nonprofit entity that has a
demonstrated interest in improving the treatment of sex offenders.
(d) If the executive head of a state agency or the director
of a division designates a representative as a member of the
interagency advisory committee, the representative must be, at the
time of the designation and during the time of service on the
committee, an officer or employee of the agency or division.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.203. MEETINGS. The interagency advisory
committee shall meet at the call of its presiding officer or at the
request of the council.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.204. AGENCY COOPERATION. Each state agency or
division of an agency represented on the interagency advisory
committee shall cooperate with the council at the request of the
council.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
SUBCHAPTER F. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
§ 110.251. PUBLIC INTEREST INFORMATION. (a) The
council shall prepare information of public interest describing the
functions of the council and the procedures by which complaints are
filed with and resolved by the council.
(b) The council shall make the information available to the
public and appropriate state agencies.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.252. PUBLIC PARTICIPATION. (a) The council
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the council and to speak on
any issue under the council's jurisdiction.
(b) The executive director shall prepare and maintain a
written plan describing how a person who does not speak English may
be provided reasonable access to the council's programs and
services.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.253. COMPLAINTS. The council by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
council for the purpose of directing complaints to the council. The
council may provide for that notice:
(1) on each registration form, application, or written
contract for services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter; or
(3) in a bill for service provided by a person
regulated under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.254. RECORD OF COMPLAINTS. (a) The council
shall keep an information file about each written complaint filed
with the council that the council has authority to resolve. The
information file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for a complaint for which the council took no
action, an explanation of the reason the complaint was closed
without action.
(b) The council shall provide to a person filing a complaint
and to each person who is the subject of the complaint a copy of the
council's policies and procedures relating to complaint
investigation and resolution.
(c) The council, at least quarterly and until final
disposition of a complaint, shall notify the person filing the
complaint and each person who is the subject of the complaint of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.255. COMPLAINT INVESTIGATION;
SUBPOENAS. (a) In an investigation of a complaint filed with the
council, the council may request that the commissioner of public
health or the commissioner's designee approve the issuance of a
subpoena. If the request is approved, the council may issue a
subpoena to compel the attendance of a relevant witness or the
production, for inspection or copying, of relevant evidence in this
state. The council may delegate the authority granted under this
subsection to the executive director of the council.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the
council, acting through the attorney general, may file suit to
enforce the subpoena in a district court in Travis County or the
county in which a hearing conducted by the council may be held.
(d) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
(e) The council shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the amount
the council may charge for copies of its records.
(f) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.256. CONFIDENTIALITY. (a) Except as provided by
Subsection (b), all information and materials subpoenaed or
compiled by the council in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the council or its employees or agents
involved in the complaint and investigation.
(b) The information described by Subsection (a) may be
disclosed to:
(1) persons involved with the council in a complaint
and investigation;
(2) professional sex offender treatment provider
licensing or disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board
under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information is deleted.
(c) The filing of formal charges by the council against a
person under this chapter, the nature of those charges, the
council's disciplinary proceedings, and final disciplinary
actions, including warnings and reprimands, by the council are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
SUBCHAPTER G. SEX OFFENDER TREATMENT PROVIDER REGISTRY
§ 110.301. USE OF TITLE; REGISTRATION REQUIRED. A
person may not claim to be a sex offender treatment provider or use
the title "sex offender treatment provider" unless the person is
listed in the registry.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.302. ELIGIBILITY FOR REGISTRATION. The council
by rule shall develop procedures and eligibility requirements for
inclusion in the registry, including, if appropriate, requirements
related to clinical practice experience and assessment, continuing
education, and supervision.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.303. REGISTRATION OF OUT-OF-STATE
APPLICANTS. The council may waive any prerequisite to
registration for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a valid
registration from another state that has registration requirements
substantially equivalent to those of this state.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.304. CONVICTION OR DEFERRED ADJUDICATION
INFORMATION. The council may receive from a law enforcement agency
information about the conviction or deferred adjudication of a
person who has applied for registration or renewal of registration.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.305. REGISTRATION EXPIRATION. (a) The council
by rule may adopt a system under which registrations expire on
various dates during the year.
(b) For the year in which the registration expiration date
is changed, registration fees shall be prorated on a monthly basis
so that each person pays only that portion of the registration fee
allocable to the number of months during which the registration is
valid.
(c) On renewal of a registration on the new expiration date,
the total registration renewal fee is payable.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.306. REGISTRATION RENEWAL REQUIRED. A person
whose registration has expired may not engage in activities that
require registration until the registration is renewed.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.307. PROCEDURE FOR RENEWAL. (a) Not later than
the 30th day before the expiration date of a person's registration,
the council shall send written notice of the registration
expiration to the person at the person's last known address
according to the records of the council.
(b) A person who is otherwise eligible to renew a
registration may renew an unexpired registration by paying the
required registration fee to the council before the registration
expiration date.
(c) A person who is otherwise eligible to renew a
registration and whose registration has been expired for:
(1) 90 days or less, may renew the registration by
paying to the council a fee equal to one and one-half times the
required renewal fee; and
(2) longer than 90 days but less than one year, may
renew the registration by paying to the council a fee equal to two
times the required renewal fee.
(d) Except as provided by Section 110.308, a person whose
registration has been expired for one year or longer may not renew
the registration. The person may obtain a new registration by
submitting to reexamination and complying with the requirements and
procedures for obtaining an original registration.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.308. RENEWAL OF EXPIRED REGISTRATION BY
OUT-OF-STATE PRACTITIONER. A person whose registration has been
expired for one year or longer may renew the registration without
complying with the requirements of Section 110.307(d) by paying to
the council a fee equal to two times the required renewal fee if the
person:
(1) was registered in this state;
(2) moved to another state; and
(3) has been registered and in practice in the other
state for two years preceding the date of application for renewal.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.309. DENIAL OF REGISTRATION.
See also material following text of this section
The council may deny an application for registration if:
(1) the council determines that a previous criminal
conviction or deferred adjudication indicates the applicant is not
qualified or suitable; or
(2) the applicant fails to provide the information
described by Section 110.156(a)(1).
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
Amendment by Acts 2003, 78th Leg., ch. 326, § 27
Section 1.02(a) of Acts 2003, 78th Leg., ch. 1276 provides, in part,
that the "repeal of a statute by this Act does not affect an
amendment, revision, or reenactment of the statute by the 78th
Legislature, Regular Session, 2003. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised or
reenacted."
Section 27 of Acts 2003, 78th Leg., ch. 326, eff. Sept. 1, 2003,
adds § 13D of Vernon's Ann.Civ.St. art. 4413(51) [now this
section] without reference to the repeal of said article by Acts
2003, 78th Leg., ch. 1276, § 14.005(b). As so added, § 13D
reads:
"Emergency Suspension
"§ 13D. (a) The council or a three-member committee of council
members designated by the council shall temporarily suspend the
registration of a person registered under this Act if the council or
committee determines from the evidence or information presented to
it that continued practice by the person would constitute a
continuing and imminent threat to the public welfare.
"(b) A registration may be suspended under this section without
notice or hearing on the complaint if:
"(1) action is taken to initiate proceedings for a hearing before
the State Office of Administrative Hearings simultaneously with the
temporary suspension; and
"(2) a hearing is held as soon as practicable under this Act and
Chapter 2001, Government Code.
"(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to
believe that a continuing and imminent threat to the public welfare
still exists. A final hearing on the matter shall be held not later
than the 61st day after the date of the temporary suspension."
SUBCHAPTER H. DISCIPLINARY PROCEDURES
§ 110.351. DISCIPLINARY POWERS OF COUNCIL. The council
shall revoke, suspend, or refuse to renew a registration, place on
probation a person whose registration has been suspended, or
reprimand a person who is listed in the registry if the person
violates this chapter or a rule of the council.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.352. PROBATION. If the suspension of a person's
registration is probated, the council may require the person to:
(1) report regularly to the council on matters that
are the basis of the probation;
(2) limit the person's practice to the areas
prescribed by the council; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the council in
those areas that are the basis of the probation.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.353. DISCIPLINARY HEARING.
See also material following text of this section
(a) If the council proposes to revoke, suspend, or refuse to
renew a person's registration, the person is entitled to a hearing
conducted by the State Office of Administrative Hearings.
(b) Disciplinary proceedings are governed by Chapter 2001,
Government Code.
(c) Rules of practice adopted by the council under Section
2001.004, Government Code, applicable to the proceedings for a
disciplinary action may not conflict with rules adopted by the
State Office of Administrative Hearings.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
Amendment by Acts 2003, 78th Leg., ch. 326, § 27
Section 1.02(a) of Acts 2003, 78th Leg., ch. 1276 provides, in part,
that the "repeal of a statute by this Act does not affect an
amendment, revision, or reenactment of the statute by the 78th
Legislature, Regular Session, 2003. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised or
reenacted."
Section 27 of Acts 2003, 78th Leg., ch. 326, eff. Sept. 1, 2003,
adds § 13E of Vernon's Ann.Civ.St. art. 4413(51) [now this
section] without reference to the repeal of said article by Acts
2003, 78th Leg., ch. 1276, § 14.005(b). As so added, § 13E
reads:
"Administrative Penalty
"§ 13E. (a) The council may impose an administrative penalty on a
person registered under this Act who violates this Act or a rule or
order adopted under this Act.
"(b) The amount of the administrative penalty may not be less than
$50 or more than $5,000 for each violation. Each day a violation
continues or occurs is a separate violation for the purpose of
imposing a penalty. The amount shall be based on:
"(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation;
"(2) the economic harm caused by the violation;
"(3) the history of previous violations;
"(4) the amount necessary to deter a future violation;
"(5) efforts to correct the violation; and
"(6) any other matter that justice may require.
"(c) If the commissioner of public health or the commissioner's
designee determines that a violation occurred, the commissioner or
the designee may issue to the council a report stating:
"(1) the facts on which the determination is based; and
"(2) the commissioner's or the designee's recommendation on the
imposition of an administrative penalty, including a
recommendation on the amount of the penalty.
"(d) Within 14 days after the date the report is issued, the
commissioner of public health or the commissioner's designee shall
give written notice of the report to the person. The notice must:
"(1) include a brief summary of the alleged violation;
"(2) state the amount of the recommended administrative penalty;
and
"(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
"(e) Within 10 days after the date the person receives the notice,
the person in writing may:
"(1) accept the determination and recommended administrative
penalty of the commissioner of public health or the commissioner's
designee; or
"(2) make a request for a hearing on the occurrence of the
violation, the amount of the penalty, or both.
"(f) If the person accepts the determination and recommended
penalty of the commissioner of public health or the commissioner's
designee, the council by order shall approve the determination and
impose the recommended penalty.
"(g) If the person requests a hearing or fails to respond in a
timely manner to the notice, the commissioner of public health or
the commissioner's designee shall set a hearing and give written
notice of the hearing to the person.
"(h) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing.
"(i) The administrative law judge shall make findings of fact and
conclusions of law and promptly issue to the council a proposal for
a decision about the occurrence of the violation and the amount of a
proposed administrative penalty.
"(j) Based on the findings of fact, conclusions of law, and proposal
for decision, the council by order may determine that:
"(1) a violation occurred and impose an administrative penalty; or
"(2) a violation did not occur.
"(k) The notice of the council's order given to the person must
include a statement of the right of the person to judicial review of
the order.
"(l) Within 30 days after the date the council's order becomes
final, the person shall:
"(1) pay the administrative penalty; or
"(2) file a petition for judicial review contesting the occurrence
of the violation, the amount of the penalty, or both.
"(m) Within the 30-day period prescribed by Subsection (l) of this
section, a person who files a petition for judicial review may:
"(1) stay enforcement of the penalty by:
"(A) paying the penalty to the court for placement in an escrow
account; or
"(B) giving the court a supersedeas bond approved by the court that:
"(i) is for the amount of the penalty; and
"(ii) is effective until all judicial review of the council's order
is final; or
"(2) request the court to stay enforcement of the penalty by:
"(A) filing with the court a sworn affidavit of the person stating
that the person is financially unable to pay the penalty and is
financially unable to give the supersedeas bond; and
"(B) giving a copy of the affidavit to the commissioner of public
health or the commissioner's designee by certified mail.
"(n) If the commissioner of public health or the commissioner's
designee receives a copy of an affidavit under Subsection (m)(2) of
this section, the commissioner or the designee may file with the
court, within five days after the date the copy is received, a
contest to the affidavit.
"(o) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay the enforcement of
the penalty on finding that the alleged facts are true. The person
who files an affidavit has the burden of proving that the person is
financially unable to pay the penalty and to give a supersedeas
bond.
"(p) If the person does not pay the administrative penalty and the
enforcement of the penalty is not stayed, the penalty may be
collected. The attorney general may sue to collect the penalty.
"(q) If the court sustains the determination that a violation
occurred, the court may uphold or reduce the amount of the
administrative penalty and order the person to pay the full or
reduced amount of the penalty. If the court does not sustain the
finding that a violation occurred, the court shall order that a
penalty is not owed.
"(r) If the person paid the administrative penalty and if the amount
of the penalty is reduced or the penalty is not upheld by the court,
the court shall order, when the court's judgment becomes final,
that the appropriate amount plus accrued interest be remitted to
the person. The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank. The
interest shall be paid for the period beginning on the date the
penalty is paid and ending on the date the penalty is remitted.
"(s) If the person gave a supersedeas bond and the penalty is not
upheld by the court, the court shall order, when the court's
judgment becomes final, the release of the bond. If the person gave
a supersedeas bond and the amount of the penalty is reduced, the
court shall order the release of the bond after the person pays the
reduced amount.
"(t) A proceeding under this section is a contested case under
Chapter 2001, Government Code."
SUBCHAPTER I. CRIMINAL PENALTIES
§ 110.401. OFFENSE: MISUSE OF TITLE. (a) A person
commits an offense if the person violates Section 110.301.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
§ 110.402. OFFENSE: RELEASE OF ADJUDICATION
INFORMATION. (a) A person commits an offense if the person
releases or discloses in violation of Section 110.156 adjudication
information received by the council.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept.
1, 2003.
