83R16519 EAH-F
	By: White	H.B. No. 2733
	Substitute the following for H.B. No. 2733:
	By:  Rose	C.S.H.B. No. 2733

	A BILL TO BE ENTITLED
	AN ACT
	relating to the administration and operation of the Texas Juvenile
	Justice Department.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.1141, Government Code, is amended to
	read as follows:
	Sec. 411.1141.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH
	COMMISSION]. (a)  The Texas Juvenile Justice Department is
	entitled to obtain from the department criminal history record
	information maintained by the department that relates to:
	(1)  a person described by Section 242.010(b), Human
	Resources Code;
	(2)  an applicant for a certification from the Texas
	Juvenile Justice Department;
	(3)  a holder of a certification from the Texas
	Juvenile Justice Department;
	(4)  a child committed to the custody of the Texas
	Juvenile Justice Department by a juvenile court;
	(5)  a person requesting visitation access to a
	facility of the Texas Juvenile Justice Department; or
	(6)  any person, as necessary to conduct an evaluation
	of the home under Section 245.051(a), Human Resources Code.
	(b)  Criminal history record information obtained by the
	Texas Juvenile Justice Department [Youth Commission] under
	Subsection (a) may not be released to any person except:
	(1)  on court order;
	(2)  with the consent of the entity or person who is the
	subject of the criminal history record information;
	(3)  for purposes of an administrative hearing held, or
	an investigation conducted, by the Texas Juvenile Justice
	Department [Youth Commission] concerning the person who is the
	subject of the criminal history record information; [or]
	(4)  a juvenile board by which a certification
	applicant or holder is employed; or
	(5)  as provided by Subsection (c) or (f).
	(c)  The Texas Juvenile Justice Department [Youth
	Commission] is not prohibited from releasing criminal history
	record information obtained under Subsection (a) to:
	(1)  the person who is the subject of the criminal
	history record information; or
	(2)  a business entity or person described by
	Subsection (a)(1) [(a)(4) or (a)(5)] who uses or intends to use the
	services of the volunteer or intern or employs or is considering
	employing the person who is the subject of the criminal history
	record information.
	(d)  The Texas Juvenile Justice Department [Youth
	Commission] may charge an entity or a person who requests criminal
	history record information under Subsection (c)(2) [(a)(4) or
	(a)(5)] a fee in an amount necessary to cover the costs of obtaining
	the information on the person's or entity's behalf.
	(e)  After a person is certified by the Texas Juvenile
	Justice Department, the Texas Juvenile Justice Department shall
	destroy the criminal history record information that relates to a
	person described by Subsection (a)(2).
	(f)  The Texas Juvenile Justice Department is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (a) in a criminal proceeding or in a hearing conducted by
	the Texas Juvenile Justice Department.
	SECTION 2.  Section 552.117(a), Government Code, is amended
	to read as follows:
	(a)  Information is excepted from the requirements of
	Section 552.021 if it is information that relates to the home
	address, home telephone number, emergency contact information, or
	social security number of the following person or that reveals
	whether the person has family members:
	(1)  a current or former official or employee of a
	governmental body, except as otherwise provided by Section 552.024;
	(2)  a peace officer as defined by Article 2.12, Code of
	Criminal Procedure, or a security officer commissioned under
	Section 51.212, Education Code, regardless of whether the officer
	complies with Section 552.024 or 552.1175, as applicable;
	(3)  a current or former employee of the Texas
	Department of Criminal Justice or of the predecessor in function of
	the department or any division of the department, regardless of
	whether the current or former employee complies with Section
	552.1175;
	(4)  a peace officer as defined by Article 2.12, Code of
	Criminal Procedure, or other law, a reserve law enforcement
	officer, a commissioned deputy game warden, or a corrections
	officer in a municipal, county, or state penal institution in this
	state who was killed in the line of duty, regardless of whether the
	deceased complied with Section 552.024 or 552.1175;
	(5)  a commissioned security officer as defined by
	Section 1702.002, Occupations Code, regardless of whether the
	officer complies with Section 552.024 or 552.1175, as applicable;
	(6)  an officer or employee of a community supervision
	and corrections department established under Chapter 76 who
	performs a duty described by Section 76.004(b), regardless of
	whether the officer or employee complies with Section 552.024 or
	552.1175; [or]
	(7)  a current or former employee of the office of the
	attorney general who is or was assigned to a division of that office
	the duties of which involve law enforcement, regardless of whether
	the current or former employee complies with Section 552.024 or
	552.1175;
	(8)  a current or former employee of the Texas Juvenile
	Justice Department or of the predecessors in function of the
	department, regardless of whether the current or former employee
	complies with Section 552.1175;
	(9)  a juvenile probation or supervision officer
	certified by the Texas Juvenile Justice Department, or the
	predecessors in function of the department, under Title 12, Human
	Resources Code; or
	(10)  employees of a juvenile justice program or
	facility, as those terms are defined by Section 261.405, Family
	Code.
	SECTION 3.  The heading to Section 552.1175, Government
	Code, is amended to read as follows:
	Sec. 552.1175.  CONFIDENTIALITY OF CERTAIN PERSONAL
	[ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND
	PERSONAL FAMILY] INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
	SECURITY OFFICERS, AND EMPLOYEES OF CERTAIN [THE TEXAS DEPARTMENT
	OF] CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES [A
	PROSECUTOR'S OFFICE].
	SECTION 4.  Section 552.1175(a), Government Code, is amended
	to read as follows:
	(a)  This section applies only to:
	(1)  peace officers as defined by Article 2.12, Code of
	Criminal Procedure;
	(2)  county jailers as defined by Section 1701.001,
	Occupations Code;
	(3)  current or former employees of the Texas
	Department of Criminal Justice or of the predecessor in function of
	the department or any division of the department;
	(4)  commissioned security officers as defined by
	Section 1702.002, Occupations Code;
	(5)  employees of a district attorney, criminal
	district attorney, or county or municipal attorney whose
	jurisdiction includes any criminal law or child protective services
	matters;
	(6)  officers and employees of a community supervision
	and corrections department established under Chapter 76 who perform
	a duty described by Section 76.004(b);
	(7)  criminal investigators of the United States as
	described by Article 2.122(a), Code of Criminal Procedure;
	(8)  police officers and inspectors of the United
	States Federal Protective Service; [and]
	(9)  current and former employees of the office of the
	attorney general who are or were assigned to a division of that
	office the duties of which involve law enforcement;
	(10)  juvenile probation and supervision officers
	certified by the Texas Juvenile Justice Department, or the
	predecessors in function of the department, under Title 12, Human
	Resources Code;
	(11)  employees of a juvenile justice program or
	facility, as those terms are defined by Section 261.405, Family
	Code; and
	(12)  current or former employees of the Texas Juvenile
	Justice Department or the predecessors in function of the
	department.
	SECTION 5.  Section 203.001, Human Resources Code, is
	amended by adding Subsection (d) to read as follows:
	(d)  The board may delegate to the executive director or to
	any other employee any authority given to the board under this
	chapter except the authority to adopt rules.
	SECTION 6.  Section 203.0081(a), Human Resources Code, is
	amended to read as follows:
	(a)  The advisory council on juvenile services consists of:
	(1)  the executive director of the department or the
	executive director's designee;
	(2)  the director of probation services of the
	department or the director's designee;
	(3)  the director of state programs and facilities of
	the department or the director's designee;
	(4)  the executive commissioner of the Health and Human
	Services Commission or the commissioner's designee;
	(5) [(4)]  one representative of the county
	commissioners courts appointed by the board;
	(6) [(5)]  two juvenile court judges appointed by the
	board; and
	(7) [(6)]  seven chief juvenile probation officers
	appointed by the board as provided by Subsection (b).
	SECTION 7.  Section 222.002, Human Resources Code, is
	amended to read as follows:
	Sec. 222.002.  MINIMUM STANDARDS FOR SUPERVISION
	[DETENTION] OFFICERS.  To be eligible for appointment as a
	supervision [detention] officer, a person who was not employed as
	an [a detention] officer before September 1, 2005, must:
	(1)  be of good moral character;
	(2)  be at least 21 years of age;
	(3)  have acquired a high school diploma or its
	equivalent;
	(4)  have satisfactorily completed the course of
	preservice training or instruction  required by the department;
	(5)  have passed the tests or examinations required by
	the department; and
	(6)  possess the level of certification required by the
	department.
	SECTION 8.  Section 222.003(b), Human Resources Code, is
	amended to read as follows:
	(b)  The certification standards adopted under Subsection
	(a) must be substantially similar to the certification requirements
	for supervision [detention] officers under Section 222.002.
	SECTION 9.  The heading to Section 222.004, Human Resources
	Code, is amended to read as follows:
	Sec. 222.004.  PERSONS WHO MAY NOT ACT AS CHIEF
	ADMINISTRATIVE, JUVENILE PROBATION, OR SUPERVISION [DETENTION]
	OFFICERS.
	SECTION 10.  Section 222.004(a), Human Resources Code, is
	amended to read as follows:
	(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 supervision [detention] officer or be made
	responsible for supervising a juvenile on probation.
	SECTION 11.  Section 222.005(a), Human Resources Code, is
	amended to read as follows:
	(a)  A juvenile probation, supervision [detention], or
	corrections officer may not carry a firearm in the course of the
	person's official duties.
	SECTION 12.  Sections 242.002(b) and (d), Human Resources
	Code, are amended to read as follows:
	(b)  On or before December 31 of each even-numbered year, the
	department shall make a report on the effectiveness of the programs
	to the Legislative Budget Board.
	(d)  If the department is unable to offer or make available
	programs described by Subsection (a) in the manner provided by
	Subsection (c), the department shall, not later than December 31
	[January 10] of each even-numbered [odd-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.
	SECTION 13.  Section 242.010, Human Resources Code, is
	amended by amending Subsections (b), (c), and (d) and adding
	Subsection (b-1) to read as follows:
	(b)  The department [executive director] shall review the
	national criminal history record information, state criminal
	history record information maintained by the Department of Public
	Safety, and previous and current employment references of each
	person who:
	(1)  is an employee, [contractor,] volunteer,
	ombudsman, or advocate working for the department or working in a
	department facility or a facility under contract with the
	department;
	(2)  is a contractor or an employee or subcontractor of
	a contractor who has direct access to children in department
	facilities;
	(3)  provides direct delivery of services to children
	in the custody of the department; or
	(4) [(3)]  has access to records in department
	facilities or offices.
	(b-1)  The department may review criminal history record
	information of:
	(1)  a person requesting visitation access to a
	department facility; or
	(2)  any person, as necessary to conduct an evaluation
	of the home under Section 245.051(a).
	(c)  To enable the department [executive director] to
	conduct the review, the board shall adopt rules requiring a person
	described by Subsection (b) to electronically provide the
	Department of Public Safety with a complete set of the person's
	fingerprints in a form and of a quality acceptable to the Department
	of Public Safety and the Federal Bureau of Investigation.
	(d)  For each person described by Subsection (b), the
	department [executive director] shall review on an annual basis the
	person's national criminal history record information.
	SECTION 14.  Section 245.0535(i), Human Resources Code, is
	amended to read as follows:
	(i)  Not later than December 31 [1] of each even-numbered
	year, the department shall deliver a report of the results of
	research conducted or coordinated under Subsection (h) to the
	lieutenant governor, the speaker of the house of representatives,
	and the standing committees of each house of the legislature with
	primary jurisdiction over juvenile justice and corrections.
	SECTION 15.  Section 411.137, Government Code, is repealed.
	SECTION 16.  This Act takes effect September 1, 2013.