reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter F. Lifespan Respite Services Program › Section 161.151. Definitions

Sec. 161.151.  DEFINITIONS.  In this subchapter:
(1)  "Chronic serious health condition" means a health condition that:
(A)  requires periodic treatment by a health care provider, including a nurse as authorized by Chapter 301, Occupations Code, or a physician assistant as authorized by Chapter 204, Occupations Code; and
(B)  continues over an extended period, including recurring episodes of a single underlying health condition such as asthma, diabetes, epilepsy, or multiple sclerosis.
(2)  "Respite services" means support services, including in-home services or day activity and health services, that are provided for the purpose of temporarily giving relief to a primary caregiver who provides care to an individual with a chronic serious health condition or disability.
(3)  "Respite services coordinator" means a community-based organization or local governmental entity with which the department enters into a contract to facilitate access to respite services under Section 161.154.
Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 18, eff. June 19, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter F. Lifespan Respite Services Program › Section 161.152. Lifespan Respite Services Program

Sec. 161.152.  LIFESPAN RESPITE SERVICES PROGRAM.  The department shall implement the lifespan respite services program to promote the provision of respite services through contracts with eligible community-based organizations or local governmental entities.
Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter F. Lifespan Respite Services Program › Section 161.153. Eligibility

Sec. 161.153.  ELIGIBILITY.  (a)  A person is eligible to participate in the program if the person:
(1)  is the primary caregiver for a person who:
(A)  is related to the caregiver within the second degree of consanguinity or affinity;
(B)  has a chronic serious health condition or disability;
(C)  requires assistance with one or more activities of daily living; and
(D)  is not eligible for or not able to participate in any other existing program that provides respite services; and
(2)  meets criteria specified in rules adopted by the executive commissioner.
(b)  The executive commissioner may not specify criteria that limit a person's eligibility based on the type of chronic serious health condition or disability of the person receiving care.
Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter F. Lifespan Respite Services Program › Section 161.154. Respite Services Contracts

Sec. 161.154.  RESPITE SERVICES CONTRACTS.  (a)  The department shall contract with at least three eligible community-based organizations or local governmental entities selected by the department to:
(1)  provide respite services; and
(2)  facilitate access to respite services.
(b)  The department may award a contract under this section only after issuing a request for proposals for the contract.
(c)  A community-based organization or local governmental entity is eligible to contract under this section only if the organization or entity has experience in and an existing procedure for:
(1)  coordinating support services for multiple groups of persons who need support services, including persons with a physical or intellectual disability and elderly persons;
(2)  connecting caregivers with respite services providers;
(3)  maintaining and providing information regarding available respite services; and
(4)  conducting public awareness activities regarding available respite services.
(d)  The department shall include in each contract with a respite services coordinator provisions requiring the coordinator to:
(1)  subject to the availability of money, provide vouchers for respite services to caregivers participating in the program who are not eligible for respite services provided through other programs; and
(2)  connect caregivers participating in the program with available respite services.
(e)  The department shall provide each community-based organization or local governmental entity with which the department contracts under this subchapter with:
(1)  technical assistance; and
(2)  policy and program development support.
(f)  The department shall monitor a contractor's performance under a contract entered into under this subchapter using clearly defined and measurable performance objectives.
Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter F. Lifespan Respite Services Program › Section 161.155. Respite Services Coordinator Functions

Sec. 161.155.  RESPITE SERVICES COORDINATOR FUNCTIONS.  A respite services coordinator under contract with the department shall:
(1)  maintain information regarding respite services providers;
(2)  build partnerships with respite services providers; and
(3)  implement public awareness activities regarding respite services.
Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter F. Lifespan Respite Services Program › Section 161.156. Rules

Sec. 161.156.  RULES.  The executive commissioner shall adopt rules necessary to implement this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter G. Legislative Committee on Aging › Section 161.251. Definitions

Sec. 161.251.  DEFINITIONS.  In this subchapter:
(1)  "Committee" means the Legislative Committee on Aging.
Text of subdivision effective until April 01, 2025
(2)  "Health and human services agency" has the meaning assigned by Section 531.001, Government Code.
Text of subdivision effective on April 01, 2025
(2)  "Health and human services agency" has the meaning assigned by Section 521.0001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.114, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter G. Legislative Committee on Aging › Section 161.252. Legislative Committee on Aging Established

Sec. 161.252.  LEGISLATIVE COMMITTEE ON AGING ESTABLISHED.  The Legislative Committee on Aging is established to:
(1)  study issues relating to the aging population of Texas, including issues related to the health care, income, transportation, housing, education, and employment needs of that population; and
(2)  make recommendations to address those issues.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter G. Legislative Committee on Aging › Section 161.253. Composition of Committee; Presiding Officer

Sec. 161.253.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.  (a)  The committee is composed of:
(1)  two members of the senate appointed by the lieutenant governor;
(2)  two members of the house of representatives appointed by the speaker of the house of representatives; and
(3)  two public members appointed by the governor.
(b)  A member of the committee serves at the pleasure of the appointing official.
(c)  The lieutenant governor and the speaker of the house of representatives shall appoint the presiding officer of the committee on an alternating basis.  The presiding officer shall serve a two-year term expiring February 1 of each odd-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter G. Legislative Committee on Aging › Section 161.254. Committee Powers and Duties

Sec. 161.254.  COMMITTEE POWERS AND DUTIES.  (a)  The committee shall:
(1)  meet at least biannually at the call of the presiding officer;
(2)  conduct a continuing study of issues relating to the aging population, including issues that are affected by the demographic and geographic diversity of the aging population in this state;
(3)  analyze the availability of, and unmet needs for, state and local services for the aging population; and
(4)  request reports and other information relating to the aging population as necessary from the executive commissioner, the department, other health and human services agencies, the attorney general, and any other state agency.
(b)  The executive commissioner, the department, other health and human services agencies, the attorney general, and any other applicable state agency shall fully cooperate with the committee in performing the committee's duties under this subchapter.
(c)  The committee may issue process, in accordance with Section 301.024, Government Code, to compel attendance of witnesses and the production of books, records, documents, and instruments required by the committee.
(d)  The committee shall use the existing staff resources of the senate and the house of representatives to assist the committee in performing its duties under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter G. Legislative Committee on Aging › Section 161.255. Report

Sec. 161.255.  REPORT.  (a)  The committee shall report to the standing committees of the senate and the house of representatives having jurisdiction of issues related to the needs of the aging population not later than November 15 of each even-numbered year.
(b)  The report must include:
(1)  a summary of the hearings and studies conducted by the committee during the preceding year;
(2)  a statement of findings based on the hearings and studies conducted by the committee; and
(3)  recommendations, if any, for legislation.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter H. Certain Initiatives Relating to Aging › Section 161.301. Definition

Sec. 161.301.  DEFINITION.  In this subchapter, "fund" means the Chris Kyker Endowment for Seniors Fund established under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter H. Certain Initiatives Relating to Aging › Section 161.302. Contract to Provide Outreach and Input Relating to Aging Population

Sec. 161.302.  CONTRACT TO PROVIDE OUTREACH AND INPUT RELATING TO AGING POPULATION.  (a)  The executive commissioner may contract with an entity to:
(1)  conduct local forums throughout this state to solicit input on and discuss policies regarding aging-related issues, including issues that are affected by the demographic and geographic diversity of the aging population in this state;
(2)  provide analysis, education, and research services with respect to aging-related issues; and
(3)  identify problems encountered by the aging population in this state and develop and recommend to the executive commissioner and the legislature solutions to those problems.
(b)  If a contract entered into under this section includes a provision that allows a person performing duties under the contract on behalf of the entity to receive a per diem for days spent performing those duties and to be reimbursed for travel expenses incurred in performing those duties, the per diem and reimbursement for travel expenses incurred must be paid at the same rate set in the General Appropriations Act for state employees.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter H. Certain Initiatives Relating to Aging › Section 161.303. Establishment and Administration of Fund

Sec. 161.303.  ESTABLISHMENT AND ADMINISTRATION OF FUND.  (a)  The Chris Kyker Endowment for Seniors Fund is a special fund outside the state treasury held by the comptroller.
(b)  The comptroller shall deposit in the fund:
(1)  money appropriated to the fund;
(2)  grants, gifts, and donations from any other public or private source; and
(3)  income and interest, including depository interest, as provided by Subsection (f).
(c)  The comptroller shall administer and manage the assets of the fund in accordance with this section and the rules adopted by the executive commissioner under Section 161.304(c).  In managing the assets of the fund, the comptroller may acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions the comptroller considers appropriate, any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.
(d)  The expenses of managing fund investments shall be paid from the fund.
(e)  On request, the comptroller shall fully disclose all details concerning the investments of the fund.
(f)  Interest earned on the fund shall be credited to the fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter H. Certain Initiatives Relating to Aging › Section 161.304. Use of Fund

Sec. 161.304.  USE OF FUND.  (a)  The following may be used only to fund a contract entered into under Section 161.302:
(1)  contributions to the fund described by Section 161.303(b)(2); and
(2)  income and interest earned on money in the fund described by Section 161.303(b)(3).
(b)  Except as provided by Subsection (a), money in the fund may not be used for any purpose.
(c)  The executive commissioner may adopt rules regarding distribution of money in the fund in accordance with this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter I. Fall Prevention Awareness › Section 161.351. Legislative Findings

Sec. 161.351.  LEGISLATIVE FINDINGS.  The legislature finds that:
(1)  in 2008, 1.14 million older Texans were expected to sustain falls;
(2)  the risk factors associated with falling increase with age;
(3)  approximately 20 to 30 percent of older adults who fall suffer moderate to severe injuries, resulting in almost 80,000 hospitalizations annually and constituting 40 percent of all nursing facility placements;
(4)  according to the Centers for Disease Control and Prevention of the United States Public Health Service, the total direct cost of all fall-related injuries in 2000 for people 65 years of age and older exceeded $19 billion nationwide; and
(5)  research shows that a well-designed fall prevention program that includes risk factor assessments, a focused physical activity program, and improvement of the home environment can reduce the incidence of falls by 30 to 50 percent.
Added by Acts 2009, 81st Leg., R.S., Ch. 95 (H.B. 703), Sec. 1, eff. May 23, 2009.
Redesignated from Human Resources Code, Section 161.151 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(39), eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.464, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter I. Fall Prevention Awareness › Section 161.352. Fall Prevention Awareness Week

Sec. 161.352.  FALL PREVENTION AWARENESS WEEK.  The week that begins on the first Sunday of each year that falls after the date of the autumnal equinox is declared "Fall Prevention Awareness Week."
Added by Acts 2009, 81st Leg., R.S., Ch. 95 (H.B. 703), Sec. 1, eff. May 23, 2009.
Redesignated from Human Resources Code, Section 161.152 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(39), eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 11 - Aging, Community-Based, and Long-Term Care Services › Chapter 161 - Department of Aging and Disability Services › Subchapter I. Fall Prevention Awareness › Section 161.353. Fall Prevention Policy

Sec. 161.353.  FALL PREVENTION POLICY.  The department may develop recommendations to:
(1)  raise public awareness about fall prevention;
(2)  educate older adults and individuals who provide care to older adults about best practices to reduce the incidence and risk of falls among older adults;
(3)  encourage state and local governments and the private sector to promote policies and programs that help reduce the incidence and risk of falls among older adults;
(4)  encourage area agencies on aging to include fall prevention education in their services;
(5)  develop a system for reporting falls to improve available information on falls; and
(6)  incorporate fall prevention guidelines into state and local planning documents that affect housing, transportation, parks, recreational facilities, and other public facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 95 (H.B. 703), Sec. 1, eff. May 23, 2009.
Redesignated from Human Resources Code, Section 161.153 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(39), eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 201 - General Provisions › Section 201.001. Definitions

Sec. 201.001.  DEFINITIONS.  (a)  In this title:
(1)  "Board" means the Texas Juvenile Justice Board.
(2)  "Child" means an individual:
(A)  10 years of age or older and younger than 18 years of age who is under the jurisdiction of a juvenile court; or
(B)  10 years of age or older and younger than 19 years of age who is committed to the department under Title 3, Family Code.
(3)  "Court" means a juvenile court.
(4)  "Department" means the Texas Juvenile Justice Department.
(5)  "Executive director" means the executive director of the department.
(6)  "Juvenile board" means a body established by law to provide juvenile probation services to a county.
(7)  "State aid" means funds allocated by the department to a juvenile board to financially assist the juvenile board in achieving the purposes of this title and in conforming to the department's standards and policies.
(a-1)  Expired.
(a-2)  Expired.
(b)  Effective December 1, 2011, a reference in other law to:
(1)  the Texas Juvenile Probation Commission means the department; or
(2)  the Texas Youth Commission means the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 201 - General Provisions › Section 201.002. Purposes and Interpretation

Sec. 201.002.  PURPOSES AND INTERPRETATION.  This title shall be construed to have the following public purposes:
(1)  creating a unified state juvenile justice agency that works in partnership with local county governments, the courts, and communities to promote public safety by providing a full continuum of effective supports and services to youth from initial contact through termination of supervision; and
(2)  creating a juvenile justice system that produces positive outcomes for youth, families, and communities by:
(A)  assuring accountability, quality, consistency, and transparency through effective monitoring and the use of systemwide performance measures;
(B)  promoting the use of program and service designs and interventions proven to be most effective in rehabilitating youth;
(C)  prioritizing the use of community-based or family-based programs and services for youth over the placement or commitment of youth to a secure facility;
(D)  operating the state facilities to effectively house and rehabilitate the youthful offenders that cannot be safely served in another setting; and
(E)  protecting and enhancing the cooperative agreements between state and local county governments.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 201 - General Provisions › Section 201.003. Goals

Sec. 201.003.  GOALS.  The goals of the department and all programs, facilities, and services that are operated, regulated, or funded by the department are to:
(1)  support the development of a consistent county-based continuum of effective interventions, supports, and services for youth and families that reduce the need for out-of-home placement;
(2)  increase reliance on alternatives to placement and commitment to secure state facilities, consistent with adequately addressing a youthful offender's treatment needs and protection of the public;
(3)  locate the facilities as geographically close as possible to necessary workforce and other services while supporting the youths' connection to their families;
(4)  encourage regional cooperation that enhances county collaboration;
(5)  enhance the continuity of care throughout the juvenile justice system; and
(6)  use secure facilities of a size that supports effective youth rehabilitation and public safety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 201 - General Provisions › Section 201.004. Interagency and Intergovernmental Cooperation

Sec. 201.004.  INTERAGENCY AND INTERGOVERNMENTAL COOPERATION.  (a)  To improve services to youth, the department may cooperate and contract with:
(1)  the federal government;
(2)  governmental agencies in this state and other states;
(3)  political subdivisions of the state; and
(4)  private agencies and foundations.
(b)  The executive director, the commissioner of education, the commissioner of family and protective services, the commissioner of state health services, the executive commissioner of health and human services, and the chair of the workforce commission, or their designees, shall meet at least annually to:
(1)  discuss mutual issues relating to at-risk youth and youthful offenders, and community support systems for families and youth;
(2)  resolve conflicts in providing services to youth; and
(3)  make recommendations to the governor and legislature.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.001. Composition of Board; Presiding Officer

Sec. 202.001.  COMPOSITION OF BOARD; PRESIDING OFFICER.  (a)  The board is composed of the following nine members appointed by the governor with the advice and consent of the senate:
(1)  one member who is a district court judge of a court designated as a juvenile court;
(2)  one member who is a member of a county commissioners court with juvenile justice experience;
(3)  one prosecutor in juvenile court;
(4)  one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes fewer than 7,500 persons younger than 18 years of age;
(5)  one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes at least 7,500 but fewer than 80,000 persons younger than 18 years of age;
(6)  one chief juvenile probation officer of a juvenile probation department serving a county with a population that includes 80,000 or more persons younger than 18 years of age;
(7)  one adolescent mental health treatment professional licensed under Subtitle B or I, Title 3, Occupations Code, or a representative from a local mental health authority designated under Chapter 533, Health and Safety Code, who has experience working with children;
(8)  one member who is:
(A)  an educator, as that term is defined by Section 5.001, Education Code, with juvenile justice experience; or
(B)  a juvenile justice professional with experience managing a secure juvenile justice facility operated by the department or a county; and
(9)  one member of the general public.
(b)  Members serve staggered six-year terms, with the terms of three members expiring on February 1 of each odd-numbered year.
(c)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.
(d)  The governor shall make appointments to the board without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(e)  A member appointed under Subsections (a)(1)-(6) may not hold office in the same county or judicial district as another member appointed under those subsections.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.002. Restrictions on Board Membership and Department Employment

Sec. 202.002.  RESTRICTIONS ON BOARD MEMBERSHIP AND DEPARTMENT EMPLOYMENT.  (a)  A person may not be a public member of the board if the person or the person's spouse:
(1)  is employed in the field of criminal or juvenile justice;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(b)  A person may not be a board member and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.
(c)  A person may not be a board member or act as the general counsel to the board or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
(d)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.003. Provisions Applicable to Judicial Members

Sec. 202.003.  PROVISIONS APPLICABLE TO JUDICIAL MEMBERS.  (a)  A judge's place on the board becomes vacant when the judge ceases to hold a judicial office.
(b)  A judge's service on the board is an additional duty of office.
(c)  At the time of appointment to the board, a judge must be a judge of:
(1)  a court designated as a juvenile court; or
(2)  a court that is one of several courts that rotate being the juvenile court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.004. Removal of Board Members

Sec. 202.004.  REMOVAL OF BOARD MEMBERS.  (a)  It is a ground for removal from the board if a member:
(1)  does not have at the time of taking office the qualifications required by Sections 202.001 and 202.003;
(2)  does not maintain during service on the board the qualifications required by Sections 202.001 and 202.003;
(3)  is ineligible for membership under Section 202.002;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless 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 the action is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.005. Board Member Recusal

Sec. 202.005.  BOARD MEMBER RECUSAL.  (a)  A chief juvenile probation officer who is a board member shall avoid the appearance of a conflict of interest by not voting or participating in any decision by the board that solely benefits or penalizes or otherwise solely impacts the juvenile probation department over which the chief juvenile probation officer has authority.  The chief juvenile probation officer may not vote or render any decisions regarding matters of officer discipline presented to the board regarding the chief juvenile probation officer's department.
(a-1)  If a juvenile justice professional is appointed as a board member under Section 202.001(a)(8), the member shall avoid the appearance of a conflict of interest by not voting or participating in any decision by the board that solely benefits or penalizes or otherwise solely impacts any juvenile probation department or facility the professional is employed by or works for under a contract.  The professional may not vote or render any decisions regarding matters of officer discipline presented to the board regarding any juvenile probation department or facility the professional is employed by or works for under a contract.
(b)  The board may adopt recusal requirements in addition to those described by Subsections (a) and (a-1), including requirements that are more restrictive than those described by those subsections.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.006. Training for Board Members

Sec. 202.006.  TRAINING FOR BOARD MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing department operations;
(2)  the programs, functions, rules, and budget of the department;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the results of the most recent formal audit of the department;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the board.  Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.007. Reimbursement

Sec. 202.007.  REIMBURSEMENT.  A board member is not entitled to compensation for service on the board but is entitled to reimbursement for actual and necessary expenses incurred in performing official duties as a board member.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.008. Meetings; Public Participation

Sec. 202.008.  MEETINGS; PUBLIC PARTICIPATION.  (a)  The board shall hold regular quarterly meetings on dates set by the board and special meetings at the call of the presiding officer.
(b)  The board shall adopt rules regulating the board's proceedings.
(c)  The board shall keep a public record of the board's decisions at the board's general office.
(d)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.009. Audit; Authority of State Auditor

Sec. 202.009.  AUDIT; AUTHORITY OF STATE AUDITOR.  (a)  The department is subject to audit by the state auditor in accordance with Chapter 321, Government Code.
(b)  The state auditor, on request of the office of inspector general, may provide information or other assistance to the office of inspector general that the state auditor determines is appropriate.  The office of inspector general may coordinate with the state auditor to review or schedule a plan for an investigation under Subchapter C, Chapter 242, or share other information.
(c)  The state auditor may access all information maintained by the office of inspector general, such as vouchers, electronic data, and internal records, including information that is otherwise confidential under law.  Information obtained by the state auditor under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.
(d)  Any provision of this title relating to the operations of the office of inspector general does not:
(1)  supersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or
(2)  prohibit the state auditor from:
(A)  conducting an audit, investigation, or other review; or
(B)  having full and complete access to all records and other information concerning the department, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 202 - Administrative Provisions › Section 202.010. Sunset Provision

Sec. 202.010.  SUNSET PROVISION. The Texas Juvenile Justice Board and the Texas Juvenile Justice Department are subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board and the department are abolished September 1, 2027.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 1.02, eff. June 18, 2015.
Acts 2015, 84th Leg., R.S., Ch. 962 (S.B. 1630), Sec. 3, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 2.04, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.001. Control Over Department; Department Mission

Sec. 203.001.  CONTROL OVER DEPARTMENT; DEPARTMENT MISSION.  (a)  The board is the governing body of the department and is responsible for the operations of the department.
(b)  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department.
(b-1)  The board may delegate to the executive director the board's responsibilities as the board determines appropriate.
(b-2)  In making a delegation under Subsection (b-1), the board shall provide, as appropriate:
(1)  to the executive director with respect to each delegation:
(A)  clear direction;
(B)  performance measures; and
(C)  reporting requirements; and
(2)  to the department, sufficient oversight to ensure that delegated responsibilities are performed according to the mission and funding priorities described by Subsection (c).
(b-3)  The executive director is a full-time employee of the board and shall:
(1)  perform the regular administrative functions of the board and any other duty as the board directs; and
(2)  under the direction of the board, perform the duties required by this subtitle or designated by the board.
(b-4)  The executive director may not perform a discretionary or decision-making function for which the board is solely responsible.
(c)  The board shall establish the mission of the department with the goal of establishing a cost-effective continuum of youth services that emphasizes keeping youth in their home communities while balancing the interests of rehabilitative needs with public safety.  The board shall establish funding priorities for services that support this mission and that do not provide incentives to incarcerate youth.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.002. Executive Director

Sec. 203.002.  EXECUTIVE DIRECTOR.  (a) The board shall:
(1)  employ an executive director to administer the department; and
(2)  supervise the director's administration of the department.
(b)  The executive director must possess the following minimum qualifications:
(1)  five years of experience in the field of juvenile corrections or congregate care in an administrative capacity;
(2)  three years of experience in the field of juvenile corrections or congregate care in an administrative capacity and a graduate degree from an institution of higher education in a relevant field, including penology, adolescent development, behavior management, or rehabilitative services; or
(3)  seven years of experience in management and administration of a government agency, institution of higher education, or business enterprise of a size comparable to the department.
(c)  The department shall track the frequency with which the executive director takes the following actions as defined by department rule:
(1)  selects a child for a conditional placement;
(2)  selects a child for a home placement;
(3)  waives the requirement for a child with a determinate sentence to spend the child's entire minimum period of confinement in a high-restriction facility;
(4)  waives the requirement for a child to be on intensive supervision when initially released on parole;
(5)  authorizes early discharges for a child on parole; or
(6)  finalizes an appeal brought by an advocacy group or social service provider who was denied certain access to department facilities.
(d)  The executive director shall provide the board and the Sunset Advisory Commission at the beginning of each calendar quarter aggregated data on the number of times each action described by Subsection (c) was taken during the previous calendar quarter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.003. Accessibility to Programs and Facilities

Sec. 203.003.  ACCESSIBILITY TO PROGRAMS AND FACILITIES.  (a)  The department shall comply with federal and state laws related to program and facility accessibility.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.004. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 203.004.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The department shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle A - Texas Juvenile Justice Board and Texas Juvenile Justice Department › Chapter 203 - General Powers and Duties of Board and Department › Section 203.005. Gifts and Grants

Sec. 203.005.  GIFTS AND GRANTS.  (a)  The department may apply for and accept gifts and grants from any public or private source.
(b)  The department shall deposit money received under this section in the state treasury.  The department may use the money for the purpose of funding any activity under this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.002, eff. September 1, 2011.