reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter B. Contract Standards and Monitoring › Section 221.054. Data Collection

Sec. 221.054.  DATA COLLECTION.  (a)  The department shall collect comprehensive data concerning the outcomes of local probation programs throughout the state.
(b)  Data collected under Subsection (a) must include:
(1)  a description of the types of programs and services offered by a juvenile probation department, including a description of the components of each program or service offered; and
(2)  to the extent possible, the rate at which juveniles who enter or complete juvenile probation are later committed to the custody of the state.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 221 - Assistance to Counties and Regulation of Juvenile Boards and Juvenile Probation Departments › Subchapter B. Contract Standards and Monitoring › Section 221.056. Residential Treatment Facility

Sec. 221.056.  RESIDENTIAL TREATMENT FACILITY.  (a)  The department may contract with a local mental health authority and local intellectual and developmental disability authority for the establishment of a residential treatment facility for juveniles with mental illness or emotional injury who, as a condition of juvenile probation, are ordered by a court to reside at the facility and receive education services at the facility.  The department may work in cooperation with the local mental health authority and local intellectual and developmental disability authority to provide mental health residential treatment services for juveniles residing at a facility established under this section.
(b)  A residential treatment facility established under this section must provide juveniles receiving treatment at the facility:
(1)  a short-term program of mental health stabilization that does not exceed 150 days in duration; and
(2)  all educational opportunities and services, including special education instruction and related services, that a school district is required under state or federal law to provide for students residing in the district through a charter school operated in accordance with and subject to Subchapter D, Chapter 12, Education Code.
(c)  If a residential treatment facility established under this section is unable to provide adequate and sufficient educational opportunities and services to juveniles residing at the facility, the facility may not continue to operate beyond the end of the school year in which the opportunities or services provided by the facility are determined to be inadequate or insufficient.
(d)  Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code, the commissioner of education shall grant a charter on the application of a residential treatment facility established under this section for a school chartered for the purposes of this section.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 45, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 7.01, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 30, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter A. Standards for and General Regulation of Officers › Section 222.001. Minimum Standards for Probation Officers

Sec. 222.001.  MINIMUM STANDARDS FOR PROBATION OFFICERS.
(a)  To be eligible for appointment as a probation officer, a person who was not employed as a probation officer before September 1, 1981, must:
(1)  have satisfactorily completed the course of preservice training or instruction and any continuing education required by the department;
(2)  have passed the tests or examinations required by the department; and
(3)  possess the level of certification required by the department.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 56(4), eff. September 1, 2023.
(b-1)  The department by rule shall establish, with input from the advisory council on juvenile services and other relevant stakeholders, the minimum education and experience requirements a person must meet to be eligible for a juvenile probation officer certification.  Rules adopted by the department under this subsection must be the least restrictive rules possible to ensure certified juvenile probation officers are qualified to protect children and public safety without creating barriers to entry into the profession.
(c)  The board by rule may authorize the temporary employment of a person who has not completed a course of preservice training, passed the examination, or attained the required level of certification, contingent on the person meeting those requirements within the time specified by the board.
(d)  A person must possess the level of training, experience, and certification required by the department to be eligible for employment in a probation office in a position supervising other probation officers.  The department may require several levels of certification to reflect increasing levels of responsibility.  A department rule relating to levels of certification does not affect the continued employment of a probation officer in a supervisory position if the person holds that position on the date on which the rule takes effect.
(e)  The department may waive any certification requirement, except a fee requirement, for an applicant who has a valid certification from another state that has certification requirements that are substantially equivalent to the requirements in this state.
(f)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 56(4), eff. September 1, 2023.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 31, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 56(4), eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter A. Standards for and General Regulation of Officers › Section 222.002. Minimum Standards for Detention Officers

Sec. 222.002.  MINIMUM STANDARDS FOR DETENTION OFFICERS.  To be eligible for appointment as a detention officer, a person who was not employed as a detention officer before September 1, 2005, must:
(1)  be at least 21 years of age;
(2)  have acquired a high school diploma or its equivalent;
(3)  have satisfactorily completed the course of preservice training or instruction required by the department;
(4)  have passed the tests or examinations required by the department; and
(5)  possess the level of certification required by the department.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 32, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter A. Standards for and General Regulation of Officers › Section 222.003. Minimum Standards for Certain Employees of Nonsecure Correctional Facilities

Sec. 222.003.  MINIMUM STANDARDS FOR CERTAIN EMPLOYEES OF NONSECURE CORRECTIONAL FACILITIES.  (a)  The board by rule shall adopt certification standards for persons who are employed in nonsecure correctional facilities that accept juveniles and that are operated by or under contract with a governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code.
(b)  The certification standards adopted under Subsection (a) must be substantially similar to the certification requirements for detention officers under Section 222.002.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 37, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter A. Standards for and General Regulation of Officers › Section 222.004. Persons Who May Not Act as Chief Administrative, Juvenile Probation, or Detention Officers

Sec. 222.004.  PERSONS WHO MAY NOT ACT AS CHIEF ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION OFFICERS.  (a)  A peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as a chief administrative, juvenile probation, or detention officer or be made responsible for supervising a juvenile on probation.
(b)  For purposes of this section, a chief administrative officer, regardless of title, is the person who is:
(1)  hired or appointed by or under contract with the juvenile board; and
(2)  responsible for the oversight of the operations of the juvenile probation department or any juvenile justice program operated by or under the authority of the juvenile board.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter A. Standards for and General Regulation of Officers › Section 222.005. Carrying of Firearm by Certain Officers Prohibited

Sec. 222.005.  CARRYING OF FIREARM BY CERTAIN OFFICERS PROHIBITED.  (a)  A juvenile probation, detention, or corrections officer may not carry a firearm in the course of the person's official duties.
(b)  This section does not apply to:
(1)  an employee of the department; or
(2)  a juvenile probation officer authorized to carry a firearm under Section 142.006.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter A. Standards for and General Regulation of Officers › Section 222.006. Probation Officer: County Employee

Sec. 222.006.  PROBATION OFFICER:  COUNTY EMPLOYEE.  A juvenile probation officer whose jurisdiction covers only one county is considered to be an employee of that county.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter B. Certification and Examination › Section 222.051. Notice of Certification Examination Results

Sec. 222.051.  NOTICE OF CERTIFICATION EXAMINATION RESULTS.  (a)  Except as provided by Subsection (b), the department shall notify each person taking a certification examination of the results of the examination not later than the 30th day after the date on which the examination is administered.
(b)  The department shall notify a person taking an examination graded or reviewed by a national testing service of the results not later than the 14th day after the date on which the department receives the results from the testing service.
(c)  If the notice of the examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before that 90th day.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter B. Certification and Examination › Section 222.052. Analysis of Examination Performance

Sec. 222.052.  ANALYSIS OF EXAMINATION PERFORMANCE.  The department shall furnish a person who fails a certification test administered under this chapter with an analysis of the person's performance on the examination if the person requests the analysis in writing.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter B. Certification and Examination › Section 222.0521. Application of Certain Law

Sec. 222.0521.  APPLICATION OF CERTAIN LAW.  Chapter 53, Occupations Code, applies to the issuance of a certification issued by the department.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 33, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter B. Certification and Examination › Section 222.0522. Provisional Certification

Sec. 222.0522.  PROVISIONAL CERTIFICATION.  (a)  The department may issue a provisional certification to an employee of a juvenile probation department or a private facility that houses youth on probation until the employee is certified under Section 222.001, 222.002, or 222.003, as applicable.
(b)  The department shall adopt rules to implement Subsection (a), including rules regarding eligibility for provisional certification and application procedures.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 33, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter B. Certification and Examination › Section 222.053. Revocation or Suspension of Certification or Provisional Certification

Sec. 222.053.  REVOCATION OR SUSPENSION OF CERTIFICATION OR PROVISIONAL CERTIFICATION.  (a)  The department may revoke or suspend a certification, or reprimand a certified officer:
(1)  for a violation of this chapter or a department rule; or
(2)  if, under Subsection (c), a panel determines that continued certification of the person threatens juveniles in the juvenile justice system.
(b)  The department may place on probation a person whose certification is suspended.  If the suspension is probated, the department may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation; and
(2)  continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
(c)  The executive director may convene, in person or telephonically, a panel of three board members to determine if a person's continued certification threatens juveniles in the juvenile justice system.  If the panel determines that the person's continued certification threatens juveniles in the juvenile justice system, the person's license is temporarily suspended until an administrative hearing is held as soon as possible under Subsection (d).  The executive director may convene a panel under this subsection only if the danger posed by the person's continued certification is imminent.  The panel may hold a telephonic meeting only if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
(d)  A person is entitled to a hearing before the State Office of Administrative Hearings if the department proposes to suspend or revoke the person's certification.
(e)  A person may appeal a ruling or order issued under this section to a district court in the county in which the person resides or in Travis County.  The standard of review is under the substantial evidence rule.
(f)  In this section, "certification" includes a provisional certification.
Redesignated and amended from Human Resources Code, Subchapter D, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 7, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 222 - Standards for and Regulation of Certain Officers and Employees › Subchapter B. Certification and Examination › Section 222.054. Certification or Provisional Certification Ineligibility

Sec. 222.054.  CERTIFICATION OR PROVISIONAL CERTIFICATION INELIGIBILITY.  (a)  In this section, "certification" includes a provisional certification.
(b)  The department may designate as permanently ineligible for certification under this chapter an individual who has been terminated from employment with the department for engaging in conduct that demonstrates the individual is not suitable for certification under this chapter.
(c)  The executive director may convene, in person or telephonically, a panel of three board members to determine if a former department employee's continued eligibility to obtain a certification under this chapter threatens juveniles in the juvenile justice system.  If the panel determines an individual's eligibility for certification threatens juveniles in the juvenile justice system, the department shall temporarily designate the individual as ineligible for certification until an administrative hearing is held under Subsection (d).  The hearing must be  held as soon as possible following the temporary designation.  The executive director may convene a panel under this subsection only if the danger posed by the person's continued eligibility for certification is imminent.  The panel may hold a telephonic meeting only if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
(d)  A person is entitled to a hearing before the State Office of Administrative Hearings if the department proposes to designate a person as permanently ineligible for certification.
(e)  A person may appeal a ruling or order issued under this section to a district court in the county in which the person resides or in Travis County.  The standard of review is under the substantial evidence rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 223 - State Aid › Section 223.002. Maintenance of Local Financial Support

Sec. 223.002.  MAINTENANCE OF LOCAL FINANCIAL SUPPORT.  (a)  To receive the full amount of state aid funds for which a juvenile board may be eligible, a juvenile board must demonstrate to the department's satisfaction that the amount of local or county funds budgeted for juvenile services is at least equal to the amount spent, excluding construction and capital outlay expenses, for those services in the 1994 county fiscal year.  The department may waive this requirement only if the juvenile board demonstrates to the department that unusual, catastrophic, or exceptional circumstances existed during the relevant year to affect adversely the level of county funding.  If the required amount of local funding is not budgeted and the department does not grant a waiver, the department shall reduce the allocation of state aid funds to the juvenile board by the amount equal to the amount that the county funding is below the required funding.
(b)  For purposes of Subsection (a), the amount spent on juvenile detention and correctional facilities is included in determining the amount of local or county funds.  The amount spent for construction or renovation is not included.
(c)  The department must be satisfied at the end of each county fiscal year that the juvenile board actually spent local or county funds for juvenile services in the amount demonstrated to the department at the beginning of the fiscal year.
(d)  The department may require a rebate of state aid, or withhold state aid to which the juvenile board would otherwise be entitled, as necessary to satisfy the requirement that a juvenile board spend funds as demonstrated.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 223 - State Aid › Section 223.003. Special Rules for Multi-County Jurisdictions

Sec. 223.003.  SPECIAL RULES FOR MULTI-COUNTY JURISDICTIONS.  If necessary, the board by rule may provide for:
(1)  the payment of compensation, insurance, retirement, fringe benefits, and related matters to a juvenile probation officer whose jurisdiction covers more than one county;
(2)  the centralization of administrative responsibility associated with the state aid program in a county included in a multi-county jurisdiction; and
(3)  the application of Section 223.001 to a multi-county jurisdiction.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 223 - State Aid › Section 223.004. Payment of State Aid

Sec. 223.004.  PAYMENT OF STATE AID.  (a)  When the department determines that a juvenile board complies with the department's standards, the department shall submit to the comptroller a voucher for payment to a juvenile board of the amount of state aid to which the board is entitled.
(b)  The juvenile board's fiscal officer shall deposit all state aid received under this chapter in a special fund.  The juvenile board may use the funds solely to provide juvenile probation services.
(c)  A juvenile board receiving state aid under this chapter is subject to audit by:
(1)  the Legislative Budget Board;
(2)  the governor's budget, policy, and planning office;
(3)  the state auditor; and
(4)  the comptroller.
(d)  A juvenile board receiving state aid under this chapter shall submit reports as required by the department.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 223 - State Aid › Section 223.005. Refusal, Reduction, or Suspension of State Aid

Sec. 223.005.  REFUSAL, REDUCTION, OR SUSPENSION OF STATE AID.  (a)  The department may refuse, reduce, or suspend payment of state aid to:
(1)  a juvenile board that fails to comply with the department's rules or fails to maintain local financial support; or
(2)  a county that fails to comply with the minimum standards provided under Section 221.002(a)(4).
(b)  The department shall provide for notice and a hearing in a case in which the department refuses, reduces, or suspends state aid.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle B - Probation Services; Probation Facilities › Chapter 223 - State Aid › Section 223.006. Funding and Construction of Post-Adjudication Facilities

Sec. 223.006.  FUNDING AND CONSTRUCTION OF POST-ADJUDICATION FACILITIES.  (a)  The department may provide state aid to a county to acquire, construct, and equip post-adjudication residential or day-treatment centers from money appropriated for those purposes.  The facilities may be used for children who are placed on probation by a juvenile court under Section 54.04, Family Code, as an alternative to commitment to the facilities of the department.
(b)  State funds provided to counties under Subsection (a) must be matched by local funds equal to at least one-fourth of the state funds.
(c)  From money appropriated for construction of the facilities described by Subsection (a), the department shall contract with the Texas Department of Criminal Justice for construction management services, including:
(1)  evaluation of project plans and specifications; and
(2)  review and comment on the selection of architects and engineers, change orders, and sufficiency of project inspection.
(d)  On completion of the review of project plans and specifications under Subsection (c), the Texas Department of Criminal Justice shall issue a comprehensive report that states in detail the proposed cost of the project.  The department shall use the report in making a comparative evaluation of proposed projects and shall give priority to the projects the department finds are the most effective and economical.
(e)  The department may not award money for a capital construction project for a facility under this section unless the department receives from the commissioners court of the county intending to use the facility a written commitment that the commissioners court has reviewed and accepted the conditions of the award.  If more than one county intends to use the facility, the department must receive from each county a written commitment that the county will agree with the other counties to an interlocal contract to operate the facility in accordance with the conditions of the award.
(f)  A county receiving state aid under this section shall adhere to department standards for the construction and operation of a post-adjudication secure residential facility.
(g)  For a facility constructed under this section, not more than 25 percent of the operating costs of the facility may be reimbursed by the department.
(h)  It is the intent of the legislature to appropriate the full amount of money authorized under Subsection (g).
(i)   In this section, "operating costs" means the operating costs of a facility at an 80-percent occupancy rate.
Redesignated and amended from Human Resources Code, Subchapter E, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.001. Cooperation of Other Agencies

Sec. 241.001.  COOPERATION OF OTHER AGENCIES.  To effectuate the purpose of this subtitle and to make maximum use of existing facilities and personnel, all departments and agencies of the state and all officers and employees of the state, when requested by the department, shall cooperate with the department in all activities consistent with their proper functions.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.0015. Strategic Plan

Sec. 241.0015.  STRATEGIC PLAN.  The department shall biennially develop a strategic plan in the manner described by Section 221.009.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.002. No Forfeiture of Certain Civil Rights

Sec. 241.002.  NO FORFEITURE OF CERTAIN CIVIL RIGHTS.  Commitment of a child to the custody of the department does not disqualify the child in any future examination, appointment, or application for public service under the government of the state or of any political subdivision of the state.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.003. Youth Development Council Fund

Sec. 241.003.  YOUTH DEVELOPMENT COUNCIL FUND.  The youth development council fund exists in the treasury as a special fund for the purposes provided by law.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.004. Request for Certain Records

Sec. 241.004.  REQUEST FOR CERTAIN RECORDS.  For the purpose of offering a record as evidence in the punishment phase of a criminal proceeding, a prosecuting attorney may obtain the record of a defendant's adjudication that is admissible under Section 3(a), Article 37.07, Code of Criminal Procedure, by submitting a request for the record to the department.  If the department has a record to which the prosecuting attorney is entitled under this section, the department shall furnish a copy of the record to the prosecuting attorney.  Otherwise, the department shall notify the prosecuting attorney that the department does not have a record to which the attorney is entitled under this section.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.005. Liability of Volunteers

Sec. 241.005.  LIABILITY OF VOLUNTEERS.  (a)  Except as provided by Subsection (b), a volunteer is not liable for damages arising from an act or omission that results in personal injury, death, or property damage if the act or omission is:
(1)  in the course and scope of the volunteer's duties as a volunteer; and
(2)  not intentional or grossly negligent.
(b)  A volunteer is liable for personal injury, death, or property damage proximately caused by an act or omission related to the operation or use of any motor-driven equipment to the extent of the greater of:
(1)  the amount of financial responsibility required for the motor-driven equipment, if any, under Chapter 601, Transportation Code; or
(2)  the amount of any liability insurance coverage that applies to the act or omission.
(c)  In this section, "volunteer" means an individual rendering services for or on behalf of the department who does not receive compensation in excess of reimbursement for expenses incurred.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.006. Application of Law Relating to Free Exercise of Religion

Sec. 241.006.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a juvenile detention facility or other correctional facility operated by or under a contract with the department, a county, or a juvenile probation department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest.  The presumption may be rebutted.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.008. Duty to File Complaint With Law Enforcement Agency

Sec. 241.008.  DUTY TO FILE COMPLAINT WITH LAW ENFORCEMENT AGENCY.  If the executive director has reasonable cause to believe that a child in the custody of the department is the victim of a crime committed at a department facility operated under this subtitle, the executive director shall immediately file a complaint with the appropriate law enforcement agency.
Transferred, redesignated and amended from Human Resources Code, Subchapter G, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.006, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 241 - General Provisions › Section 241.009. Commitment Information

Sec. 241.009.  COMMITMENT INFORMATION.  (a)  Not later than October 1 of each year, the department shall publish on the department's Internet website aggregated information on the number of children committed to the department during the previous fiscal year, categorized by:
(1)  committing offense level;
(2)  sentence type;
(3)  age; and
(4)  sex.
(b)  The department shall publish quarterly on the department's Internet website end-of-month data described by Subsection (a), aggregated for all children committed to the department and for children placed in each secure facility and halfway house.
(c)  The department shall ensure that information regarding an individual child cannot be identified in any of the aggregated information published under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 35, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.001. Study of Treatment Methods; Statistical Records

Sec. 242.001.  STUDY OF TREATMENT METHODS; STATISTICAL RECORDS.  (a)  The department shall conduct continuing inquiry into the effectiveness of the treatment methods the department employs in the reformation of children.  To this end, the department shall maintain a record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction of the department and shall tabulate, analyze, and publish biennially the data for use in evaluating the relative merits of treatment methods.
(b)  The department shall cooperate with courts and private and public agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the dispositions made of them, and other information useful in determining the amount and causes of juvenile delinquency in this state.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.002. Treatment Programs; Availability

Sec. 242.002.  TREATMENT PROGRAMS; AVAILABILITY.  (a)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 56(5), eff. September 1, 2023.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 56(5), eff. September 1, 2023.
(c)  The department shall offer or make available programs for the rehabilitation and reestablishment in society of children committed to the department, including programs for females and for sex offenders, capital offenders, children who are chemically dependent, and children with mental illness, in an adequate manner so that a child in the custody of the department receives appropriate rehabilitation services recommended for the child by the court committing the child to the department.
(d)  If the department is unable to offer or make available programs described by Subsection (c), the department shall, not later than December 31 of each even-numbered year, provide the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities with a report explaining:
(1)  which programs are not offered or are unavailable; and
(2)  the reason the programs are not offered or are unavailable.
(e)  The department shall periodically review, document, and compare the accessibility and funding of treatment programs provided to female children committed to the department to the accessibility and funding of treatment provided to male children committed to the department.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 6, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 36, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 37, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 56(5), eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.003. Policies and Rules

Sec. 242.003.  POLICIES AND RULES.  (a)  The board is responsible for the review and approval of all policies and shall make rules appropriate to the proper accomplishment of the department's functions.  The board may delegate to the executive director the board's responsibility for the adoption of certain policies as appropriate for the proper accomplishment of the department's functions relating to state-operated facilities and the department's personnel.
(b)  The board shall adopt rules for the government of the schools, facilities, and programs under the department's authority under this subtitle and shall see that the schools, facilities, and programs are conducted according to law and to the board's rules.
(c)  The purpose of the rules and of all education, work, training, discipline, and recreation adopted under this section and of all other activities in the schools, facilities, and programs is to restore and increase the self-respect and self-reliance of the children under the authority of the department and to qualify those children for good citizenship and honorable employment.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.004. Employees

Sec. 242.004.  EMPLOYEES.  (a)  Within the limits specified by legislative appropriation, the department may employ and compensate personnel necessary to carry out the department's duties.
(b)  Except as otherwise provided by this subchapter, an employee of the department is employed on an at-will basis.
(c)  The department shall establish procedures and practices governing:
(1)  employment-related grievances submitted by department employees; and
(2)  disciplinary actions within the department, including a procedure allowing a department employee to elect to participate in an independent dismissal mediation if the employee is recommended for dismissal.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.005. Professional Information for Advisory Board Members and Employees

Sec. 242.005.  PROFESSIONAL INFORMATION FOR ADVISORY BOARD MEMBERS AND EMPLOYEES.  The executive director shall provide to members of any applicable advisory board and to department employees, as often as is necessary, information regarding qualifications for office or employment under this chapter and responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.006. Intra-Agency Career Ladder Program

Sec. 242.006.  INTRA-AGENCY CAREER LADDER PROGRAM.  The program shall require intra-agency posting of all positions concurrently with any public postings.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.007. Job Performance Evaluations

Sec. 242.007.  JOB PERFORMANCE EVALUATIONS.  The executive director shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for department employees must be based on the system established under this section.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.008. Equal Employment Opportunity Policy Statement

Sec. 242.008.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.  (a)  The executive director shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement shall include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;
(3)  procedures by which a determination can be made about the extent of underuse in the department's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must cover an annual period, be updated annually, be reviewed by the Texas Workforce Commission for compliance with Subsection (a)(1), and be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 242 - Operation of Secure Facilities › Subchapter A. General and Administrative Provisions › Section 242.011. Biennial Budget

Sec. 242.011.  BIENNIAL BUDGET.  The executive director shall prepare a biennial budget of all funds necessary to be appropriated by the legislature to the department to carry out the purposes of this subtitle.  The budget shall be submitted and filed by the executive director in the form and manner and within the time prescribed by law.
Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.