2005 Texas Human Resources Code CHAPTER 61. TEXAS YOUTH COUNCIL


HUMAN RESOURCES CODE
TITLE 3. FACILITIES AND SERVICES FOR CHILDREN
SUBTITLE A. FACILITIES FOR CHILDREN
CHAPTER 61. TEXAS YOUTH COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
§ 61.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Youth Commission. (2) "Board" means the governing board of the commission. (3) "Chairman" means the chairman of the board. (4) "Executive director" means the executive director of the commission. (5) "Court" means a juvenile court. (6) "Child" means a person 10 years old or older and under 21 years old who is committed to the commission under Title 3, Family Code. Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 163, ch. 44, art. 2, § 1, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, § 1, eff. Sept. 1, 1987. § 61.002. PURPOSE. The purpose of this chapter is to provide for administration of the state's correctional facilities for children, to provide a program of constructive training aimed at rehabilitation and reestablishment in society of children adjudged delinquent by the courts of this state and committed to the Texas Youth Commission, and to provide active parole supervision for children until officially discharged from custody of the Texas Youth Commission. Acts 1979, 66th Leg., p. 2382, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, § 2, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 2, eff. Sept. 1, 1987.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 61.011. TEXAS YOUTH COMMISSION. The Texas Youth Commission is an agency of the state. Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, § 3, eff. April 26, 1983. § 61.012. MEMBERS OF THE GOVERNING BOARD. (a) The governing board of the Texas Youth Commission consists of seven members appointed by the governor with the consent of the senate. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (b) Members of the board must be citizens who are recognized within their communities for their interest in youth. (c) The board members hold office for staggered terms of six years, with the terms of two or three members expiring every two years. (d) A member is eligible for reappointment. Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 164, ch. 44, art. 2, § 4, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 3, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1170, § 49.01, eff. Sept. 1, 2003. § 61.0121. QUALIFICATIONS FOR BOARD MEMBERS AND EMPLOYEES. (a) A person is not eligible for appointment to the board if the person or the person's spouse: (1) is employed by or participates in the management of a business entity or other organization receiving funds from the commission; (2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the commission; or (3) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. (b) An officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice may not be a member of the board or an employee of the commission who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule. (c) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of criminal justice or juvenile justice may not be a member of the board and may not be an employee of the commission who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule. (d) For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (e) A person may not serve as a member of the board or act as the general counsel to the board or the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission. Added by Acts 1987, 70th Leg., ch. 1099, § 4(a), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 2, eff. Sept. 1, 1997. § 61.0122. BOARD MEMBER TRAINING. (a) To be eligible to take office as a member of the board, a person appointed to the board must complete at least one course of a training program that complies with this section. (b) The training program must provide information to the person regarding: (1) the enabling legislation that created the commission; (2) the programs operated by the commission; (3) the role and functions of the commission; (4) the rules of the commission with an emphasis on the rules that relate to disciplinary and investigatory authority; (5) the current budget for the commission; (6) the results of the most recent formal audit of the commission; (7) the requirements of the: (A) open meetings law, Chapter 551, Government Code; (B) open records law, Chapter 552, Government Code; and (C) administrative procedure law, Chapter 2001, Government Code; (8) the requirements of the conflict of interests laws and other laws relating to public officials; and (9) any applicable ethics policies adopted by the commission or the Texas Ethics Commission. (c) A person appointed to the board is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act and as if the person were a member of the board. Added by Acts 1997, 75th Leg., ch. 319, § 3, eff. Sept. 1, 1997. § 61.013. PRESIDING OFFICER; MEETINGS. (a) The governor shall designate a member of the board as the chairman of the board to serve in that capacity at the pleasure of the governor. (b) The board shall meet at least four times each year. (c) A meeting shall be held on the call of the chairman or on the request of four members at the time and place designated by the chairman. Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 165, ch. 44, art. 2, § 5, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 5, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 4, eff. Sept. 1, 1997. § 61.014. QUORUM. Four members constitute a quorum for the exercise of functions of the commission not delegated to the executive director or other employees. Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 165, ch. 44, art. 2, § 6, eff. April 26, 1983. § 61.015. PER DIEM; EXPENSES. Board members are entitled to receive a per diem in the amount provided in the General Appropriations Act for not more than 90 days in any fiscal year, plus reimbursement for actual expenses incurred while on board business. Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 165, ch. 44, art. 2, § 7, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 6, eff. Sept. 1, 1987. § 61.0151. REMOVAL FROM OFFICE. (a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required by Subsection (a) of Section 61.0121 of this chapter for appointment to the board; (2) does not maintain during the member's service on the board the qualifications required by Subsection (a) of Section 61.0121 of this chapter for appointment to the board; (3) violates a prohibition established by Subsection (b) or (c) of Section 61.0121 of this chapter; (4) is unable to discharge the member's duties for a substantial part of the term for which the member was appointed because of illness or disability; or (5) is absent from more than one-half of the regularly scheduled board meetings that the member is eligible to attend during each calendar year, except when the absence is excused by majority vote of the board. (b) The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of a member of the board existed. (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the chairman of the board of the potential ground. The chairman of the board shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the chairman, the executive director shall notify the next highest ranking officer of the board, who shall notify the governor and the attorney general that a potential ground for removal exists. Added by Acts 1987, 70th Leg., ch. 1099, § 7, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 5, eff. Sept. 1, 1997. § 61.016. OFFICE. The commission shall have its office wherever it chooses, in a building designated and approved by the State Purchasing and General Services Commission. Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, § 8, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 8, eff. Sept. 1, 1987. § 61.017. EXECUTIVE DIRECTOR. (a) The commission shall employ an executive director, selected by the board, to serve at the will of the board. (b) The executive director shall devote full time to the work of the commission. (c) The executive director is entitled to actual expenses while on commission business. Acts 1979, 66th Leg., p. 2383, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, § 9, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 9, eff. Sept. 1, 1987. § 61.019. DELEGATION OF POWERS AND DUTIES. Any power, duty, or function of the commission or of the board may be exercised and performed by the executive director or any member or employee designated or assigned by the board or by the executive director. Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, § 11, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 10, eff. Sept. 1, 1987. § 61.0191. AUDIT. The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1987, 70th Leg., ch. 1099, § 11, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 584, § 79, eff. Sept. 1, 1989. § 61.020. SUNSET PROVISION. The Texas Youth Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2009. Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 166, ch. 44, art. 2, § 12, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 479, § 211, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1099, § 12, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.03, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 970, § 1.04, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 319, § 6, eff. Sept. 1, 1997. § 61.022. ACCESSIBILITY TO PROGRAMS AND FACILITIES. The commission shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services. Added by Acts 1997, 75th Leg., ch. 319, § 7, eff. Sept. 1, 1997.
SUBCHAPTER C. POWERS AND DUTIES
§ 61.031. CONTINUING STUDY. The commission shall carry on a continuing study of the problem of juvenile delinquency in this state and shall seek to focus public attention on special solutions to this problem. Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, § 13, eff. April 26, 1983. § 61.0315. REVIEW OF TREATMENT PROGRAMS. (a) The commission shall annually review the effectiveness of the commission's programs for the rehabilitation and reestablishment in society of children committed to the commission, including programs for sex offenders, capital offenders, children who are chemically dependent, and emotionally disturbed children. (b) On or before December 31 of each year, the commission shall make a report on the effectiveness of the programs to the Legislative Budget Board. Added by Acts 1995, 74th Leg., ch. 262, § 56, eff. Jan. 1, 1996. § 61.032. ADMINISTRATION OF INSTITUTIONS. The commission shall administer the training, diagnostic treatment, and supervisory facilities and services of the state for children committed to the commission and shall manage and direct all institutions and training school facilities under the authority of the commission. Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, § 14, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 13, eff. Sept. 1, 1987. § 61.033. ANNUAL FINANCIAL REPORT. The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act. Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, § 15, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 14, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 8, eff. Sept. 1, 1997. § 61.034. POLICIES AND RULES. (a) The commission is responsible for the adoption of all policies and shall make rules appropriate to the proper accomplishment of its functions. (b) The commission shall adopt rules for the government of the schools, facilities, and programs under its authority and shall see that the schools, facilities, and programs are conducted according to law and to the commission's rules. The purpose of the rules and of all education, work, training, discipline, recreation, and other activities in the schools, facilities, and programs is to restore and increase the self-respect and self-reliance of the youth under the authority of the commission and to qualify them for good citizenship and honorable employment. Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 167, ch. 44, art. 2, § 16, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 15, eff. Sept. 1, 1987. § 61.035. EMPLOYEES. (a) Within the limits specified by legislative appropriation, the commission may employ and compensate personnel necessary to carry out its duties. (b) The commission may remove any employee for cause, and a decision by the commission is final. (c), (d) Repealed by Acts 1997, 75th Leg., ch. 319, § 17, eff. Sept. 1, 1997. Acts 1979, 66th Leg., p. 2384, ch. 284, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, § 17, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 16, 52(a), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 319, § 17, eff. Sept. 1, 1997. § 61.0351. PROFESSIONAL INFORMATION FOR MEMBERS AND EMPLOYEES. The executive director or the executive director's designee shall provide to members of the board and to commission employees, as often as is necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees. Added by Acts 1987, 70th Leg., ch. 1099, § 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 9, eff. Sept. 1, 1997. § 61.0352. DIVISION OF RESPONSIBILITY. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the commission. Added by Acts 1987, 70th Leg., ch. 1099, § 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 10, eff. Sept. 1, 1997. § 61.0353. INTRA-AGENCY CAREER LADDER PROGRAM. The program shall require intra-agency posting of all positions concurrently with any public postings. Added by Acts 1987, 70th Leg., ch. 1099, § 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 11, eff. Sept. 1, 1997. § 61.0354. JOB PERFORMANCE EVALUATIONS. The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on the system established under this section. Added by Acts 1987, 70th Leg., ch. 1099, § 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 12, eff. Sept. 1, 1997. § 61.0355. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement shall include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code; (2) a comprehensive analysis of the commission's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations; (3) procedures by which a determination can be made about the extent of underuse in the commission's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and (4) reasonable methods to appropriately address those areas of underuse. (b) A policy statement prepared under Subsection (a) must cover an annual period, be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office. (c) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature. Added by Acts 1987, 70th Leg., ch. 1099, § 18(a), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 13, eff. Sept. 1, 1997. § 61.036. COOPERATION WITH OTHER AGENCIES. (a) The commission shall cooperate with all existing agencies and encourage the establishment of new programs, both local and statewide, the object of which is services to delinquent and predelinquent youth of this state. (b) The commission may assist in developing, strengthening, and coordinating educational, welfare, health, recreational, and law-enforcement programs which have as their object the prevention of juvenile delinquency and crime. (c) Repealed by Acts 1995, 74th Leg., ch. 876, § 24.03, eff. Sept. 1, 1995. Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 168, ch. 44, art. 2, § 18, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 19, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 258, § 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 876, § 24.03, eff. Sept. 1, 1995. § 61.037. USE OF EXISTING INSTITUTIONS AND AGENCIES. (a) In carrying out its duties, the commission may make use of law-enforcement, detention, supervisory, medical, educational, correctional, and other facilities, institutions, and agencies in the state. This section does not authorize the commission to assume control of any other agency, institution, or facility in the state, or to require any agency, institution, or facility to serve the commission in a manner inconsistent with its authority or function or with any law or regulation governing its activity. (b) When funds are available for the purpose, the commission may enter into agreements with appropriate public or private agencies for the separate care and treatment of persons subject to the control of the commission. The commission may not make use of any private institution or agency without its consent. The commission shall make reasonable efforts to ensure that the expenditure of appropriations for the purchase of contract residential care for children, not including the purchase of care in foster family homes, be allocated to providers on a fixed monthly basis if it is cost-effective and the number, type, needs, and conditions of the children to be served is reasonably constant. (c) The commission shall periodically inspect all public and private institutions and agencies whose facilities it is using. Every public and private institution and agency shall afford to the commission reasonable opportunity to examine and consult with children who have been committed to the commission and who are in the custody of the institution or agency. (d) Placement of a child in, or the release of a child by, any institution not operated by the commission does not terminate the authority of the commission over the child. No child placed in an institution or under an agency by the commission may be released by the institution or agency without the approval of the commission. Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 169, ch. 44, art. 2, § 19, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 20, eff. Sept. 1, 1987. § 61.038. HALFWAY HOUSE PROGRAM. (a) The commission may not develop a halfway house to be operated by the commission if an appropriate private halfway house program is contractually available and the costs under the contract are less than the costs would be if the commission provided the services. (b) Before the commission contracts for the development of a halfway house program, the commission shall send prospective service providers a request for a proposal that identifies the program services desired, the population to be served, and potential locations for the program. The commission shall select the service provider that submits the proposal that best meets the commission's needs according to standards established by the commission. If the commission does not receive a proposal that meets its needs, the commission may request funds from the legislature for the development of a halfway house to be operated by the commission. (c) This section does not apply to halfway houses operated by the commission on September 1, 1987. Added by Acts 1987, 70th Leg., ch. 1099, § 21, eff. Sept. 1, 1987. § 61.0385. CRISIS INTERVENTION AND ASSESSMENT CENTERS. The commission may establish a children's crisis intervention and assessment center at a facility owned or operated by the commission. The commission may contract with another entity for the provision or use of services at the center. Added by Acts 1993, 73rd Leg., ch. 1048, § 3, eff. Sept. 1, 1993. § 61.039. COMMISSION PROGRAMS. (a) The commission shall develop and use standards based on performance to evaluate and compare programs operated by the commission. (b) When practicable and feasible, the commission shall provide specific performance standards for a program serving 10 or more children through an agreement entered into under Section 61.037 of this chapter. In the performance standards, the commission shall include outcome measures for evaluating the quality of services provided under the agreement. (c) For the purposes of comparison, the commission shall use performance standards that are as consistent as practicable with those used to evaluate and compare programs operated by the commission, that measure the benefits and cost-effectiveness of the respective programs, and that measure the average length of stay and rate of recidivism of the children in the program. Acts 1979, 66th Leg., p. 2385, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, § 20, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 22, eff. Sept. 1, 1987. § 61.0395. SERVICES FOR CHILDREN NOT COMMITTED TO THE COMMISSION. The commission may provide services to a child not committed to the commission if the commission contracts with a local juvenile probation department, the Texas Department of Human Services, or the Department of Protective and Regulatory Services to provide services to the child. Added by Acts 1993, 73rd Leg., ch. 1048, § 3, eff. Sept. 1, 1993. § 61.040. ADDITIONAL FACILITIES; PAROLE SUPERVISION. When funds are available, the commission may: (1) establish and operate places for detention and diagnosis of children committed to it; (2) establish and operate additional treatment and training facilities, including forestry or parks-maintenance camps and ranches, necessary to classify and treat children committed to the commission according to their needs; (3) establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and (4) assist in establishing training facilities and programs owned and operated by private individuals or organizations which agree to provide services to children committed to the commission, including programs for children needing long-term residential care. Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. 2, § 21, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 430, § 1, eff. June 11, 1985; Acts 1987, 70th Leg., ch. 1099, § 23, eff. Sept. 1, 1987. § 61.0401. COMPUTATION OF DAILY COSTS OF FACILITY. In computing the daily costs of a residential facility operated by the commission, the commission shall use a standard method that is consistent with methods used by other state agencies and that is designed to reflect the actual cost to the state of operating the facility. Added by Acts 1987, 70th Leg., ch. 1099, § 24, eff. Sept. 1, 1987. § 61.041. STUDY OF TREATMENT METHODS; STATISTICAL RECORDS. (a) The commission shall conduct continuing inquiry into the effectiveness of the treatment methods it employs in the reformation of children. To this end, the commission shall maintain a record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction of the commission and shall tabulate, analyze, and publish biennially these data for use in evaluating the relative merits of treatment methods. (b) The commission shall cooperate with courts and private and public agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the dispositions made of them, and other information useful in determining the amount and causes of juvenile delinquency in this state. Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 170, ch. 44, art. II, § 22, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 25, eff. Sept. 1, 1987. § 61.042. REFERRALS FROM FEDERAL COURT. The commission may enter into agreements with the federal government to accept children from the federal court for an agreed compensation. Acts 1979, 66th Leg., p. 2384, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, § 23, eff. April 26, 1983. § 61.0421. PUBLIC INTEREST INFORMATION. The commission shall prepare information of public interest describing the functions of the commission and describing the procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available to the general public and appropriate state agencies. Added by Acts 1987, 70th Leg., ch. 1099, § 26, eff. Sept. 1, 1987. § 61.0422. COMPLAINTS REGARDING SERVICES. (a) The commission shall keep a file about each written complaint filed with the commission by a person, other than a child receiving services from the commission or the child's parent or guardian, that the commission has authority to resolve. The commission shall provide to the person filing the complaint and the persons or entities complained about the commission's policies and procedures pertaining to complaint investigation and resolution. The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons or entities complained about of the status of the complaint unless the notice would jeopardize an undercover investigation. (b) The commission shall keep information about each file required by Subsection (a). The information must include: (1) the date the complaint is received; (2) the name of the complainant; (3) the subject matter of the complaint; (4) a record of all persons contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) for complaints for which the commission took no action, an explanation of the reason the complaint was closed without action. (c) The commission shall keep information about each written complaint filed with the commission by a child receiving services from the commission or the child's parent or guardian. The information must include: (1) the subject matter of the complaint; (2) a summary of the results of the review or investigation of the complaint; and (3) the period of time between the date the complaint is received and the date the complaint is closed. Added by Acts 1987, 70th Leg., ch. 1099, § 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 14, eff. Sept. 1, 1997. § 61.0423. PUBLIC HEARINGS. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the commission. Added by Acts 1987, 70th Leg., ch. 1099, § 26, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 319, § 15, eff. Sept. 1, 1997. § 61.043. GIFTS; GRANTS. The commission may accept gifts, grants, or donations of money or property from private sources to effectuate the purpose of this chapter. Donated funds shall be placed in the state treasury in a special fund called the Texas Youth Commission Fund and expended as other state money is expended, on warrants drawn by the comptroller on the order of the commission. At the end of each state fiscal year, any unexpended balance in the fund shall be carried over in the same fund. Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, § 24, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 27, eff. Sept. 1, 1987. § 61.0431. SPECIAL ACCOUNTS. (a) Proceeds from the operation of canteens and vending machines at facilities under the jurisdiction of the commission shall be deposited to the credit of a special account in the General Revenue Fund called the canteen revolving fund. The proceeds shall be used to pay the actual expenses of maintaining and operating the canteens and vending machines. Proceeds in excess of the amount required for those expenses, donations for student activities and proceeds from children's fundraising projects shall be deposited to the credit of a special account in the General Revenue Fund called the student benefit fund and may be used only to: (1) provide education, recreation, and entertainment to children committed to the commission; or (2) reimburse children committed to the commission for personal property lost or damaged as a result of negligence by the staff of the commission. (b) Proceeds from shop projects at the facilities under the commission's jurisdiction shall be deposited to the credit of a special account in the General Revenue Fund called the vocational shop fund and may be used only to purchase and maintain parts, tools, and other supplies necessary for the shop projects and to compensate the students who participate in the projects. (c) Registration fees from seminars and conferences conducted by the commission shall be deposited to the credit of a special account in the General Revenue Fund called the conference account and may be used only to pay the costs of conducting seminars and conferences. (d) Money in the special accounts is appropriated for the purposes indicated in this section and shall be expended on warrants drawn by the comptroller on the order of the commission. Added by Acts 1987, 70th Leg., ch. 1099, § 27, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 302, § 1, eff. Aug. 30, 1993. § 61.0432. STUDENT TRUST FUND; CONTRABAND MONEY. (a) Except as provided by Subsection (b), money belonging to a child committed to the commission in excess of the amount the commission allows in a child's possession shall be deposited in a trust fund established by the facility operated by the commission to which the child is assigned. The commission shall adopt rules governing the administration of the trust fund. (b) Money possessed by a child committed to the commission that is determined to be contraband money as defined by commission rule shall be deposited in the student benefit fund described by Section 61.0431. The commission shall notify each child committed to the commission that the possession of contraband money is subject to confiscation by the commission under this subsection. Added by Acts 1987, 70th Leg., ch. 1099, § 27, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 949, § 39, eff. Sept. 1, 2005. § 61.0433. DEBIT CARD SUSPENSE ACCOUNTS. (a) The commission may establish debit card suspense accounts necessary to operate magnetic debit card systems at facilities under the jurisdiction of the commission to enable the students, employees, and visitors to make purchases of: (1) merchandise from vending machines or canteens within the facilities; (2) meals from cafeterias within the facilities; and (3) services that the facilities are authorized to provide. (b) Cash received from cash-to-card machines and amounts electronically transferred for card use from the students' trust fund accounts shall be deposited to debit card suspense accounts in local depositories and held pending card purchases. (c) Transfers of cash based on card use for purchases of merchandise or services shall be made from the debit card suspense accounts to the appropriate vendors and to accounts in the state treasury in accordance with laws governing receipt of state revenues. (d) Unused debit card balances shall be refunded to the card holders from the debit card suspense accounts. Added by Acts 1991, 72nd Leg., ch. 69, § 1, eff. Sept. 1, 1991. § 61.044. DUTIES OF EXECUTIVE DIRECTOR. (a) The executive director shall perform the duties assigned by the commission. (b) The executive director shall prepare and submit to the commission for its approval a biennial budget of all funds necessary to be appropriated by the legislature to the commission to carry out the purposes of this chapter. The budget shall be submitted and filed by the commission in the form and manner and within the time prescribed by law. Acts 1979, 66th Leg., p. 2386, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 171, ch. 44, art. 2, § 25, eff. April 26, 1983. § 61.045. OPERATIONS OF PROGRAMS AND FACILITIES. (a) The commission shall have general charge of and be responsible for the welfare, custody, and rehabilitation of the children in a school, facility, or program operated or funded by the commission. The commission shall seek to establish relationships and to organize a way of life that will meet the spiritual, moral, physical, emotional, intellectual, and social needs of the children under its care as those needs would be met in an adequate home. (b) The commission shall see that the buildings and premises are kept in good sanitary order. Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, § 26, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 28, eff. Sept. 1, 1987. § 61.046. RELIGIOUS TRAINING. The commission shall provide for the religious and spiritual training of children in its custody according to the children's individual choices. Acts 1979, 66th Leg., p. 2387, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 172, ch. 44, art. 2, § 27, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 29, eff. Sept. 1, 1987. § 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION EDUCATION. The commission shall provide education in violence prevention and conflict resolution that includes discussion of domestic violence and child abuse issues to all children in its custody. Added by Acts 1995, 74th Leg., ch. 563, § 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 664, § 2, eff. Jan. 1, 1996. § 61.048. BUILDINGS AND IMPROVEMENTS. (a) The commission may design, construct, equip, furnish, and maintain buildings and improvements at facilities under its jurisdiction. The commission may employ architects or engineers, or both, to prepare plans and specifications and to supervise the construction and improvements. The commission shall promulgate rules relating to the award of contracts for the construction of buildings and improvements. The rules shall provide for the award of contracts for the construction of buildings and improvements to the qualified bidder making the lowest and best bid. A construction contract may not be awarded for a sum in excess of the amount of funds available for the project. The commission may reject any and all bids submitted. (b) If a project is financed in whole or in part by federal funds, any standards required by the enabling federal statute or required by the rules of the administering federal agency control over this section. (c) The commission may employ professional, technical, and clerical personnel to carry out the design and construction functions required by this section. Added by Acts 1987, 70th Leg., ch. 1099, § 30, eff. Sept. 1, 1987. § 61.049. CROCKETT STATE SCHOOL FOR GIRLS. The Crockett State School for Girls is under the jurisdiction and control of the commission. Added by Acts 1991, 72nd Leg., ch. 76, § 4, eff. Sept. 1, 1991. § 61.050. FIRE PROTECTION ACTIVITIES. (a) The commission may perform fire protection, fire prevention, and fire suppression activities at commission facilities. (b) The commission may prescribe circumstances under which, for the benefit of the public safety and welfare, commission employees using commission equipment may assist municipal or volunteer fire departments in the performance of fire protection, fire prevention, or fire suppression activities near commission facilities. Added by Acts 1995, 74th Leg., ch. 210, § 1, eff. May 23, 1995. § 61.051. CLIENT SERVICE CONTRACT STANDARDS. In each contract for the purchase of residential program-related client services, the commission shall include: (1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives; (2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and (3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract. Added by Acts 1997, 75th Leg., ch. 319, § 16, eff. Sept. 1, 1997. § 61.052. CONTRACT MONITORING. The commission shall establish a formal program to monitor residential program-related client services contracts made by the commission. The commission must: (1) monitor compliance with financial and performance requirements using a risk assessment methodology; and (2) obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives. Added by Acts 1997, 75th Leg., ch. 319, § 16, eff. Sept. 1, 1997. § 61.053. MEDICAID BENEFITS. The commission shall apply for benefits under the federal Medicaid program if application is cost effective in reducing health care costs incurred by the commission. Added by Acts 1997, 75th Leg., ch. 319, § 16, eff. Sept. 1, 1997. § 61.054. SALE OR LICENSE OF TREATMENT PROGRAMS. (a) The commission may sell or license to an individual or a private or public entity the right to use a treatment program developed by the commission. (b) Proceeds from the sale or license of a treatment program shall be deposited to the credit of the fund that provided the money to finance the development of the treatment program. (c) At the end of each fiscal year, any unexpended proceeds from the sale or license of a treatment program shall be carried over to the next fiscal year to the credit of the fund that provided the money to finance the development of the treatment program. Added by Acts 1997, 75th Leg., ch. 1093, § 1, eff. June 19, 1997. Renumbered from § 61.051 by Acts 1999, 76th Leg., ch. 62, § 19.01(80), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 624, § 1, eff. June 20, 2003.
SUBCHAPTER D. ADMISSION AND COMMITMENT
§ 61.064. CONVEYANCE OF CHILD TO COMMISSION. (a) When a child is to be conveyed to a facility designated by the commission, the juvenile court shall assign an officer or other suitable person to accompany the child. The person assigned to accompany a female must be a woman. (b) The cost of conveying the child shall be paid by the county from which the child is committed. However, no compensation shall be allowed except for the actual and necessary expenses of the child and the person accompanying the child. Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 174, ch. 44, art. 2, § 32, eff. April 26, 1983. § 61.065. NOTIFICATION AND DUTY TO FURNISH INFORMATION. (a) When a juvenile court commits a child to the commission, the court shall forward to the commission a certified copy of the order of commitment. (b) The court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the commission all pertinent information in their possession regarding the case. (c) If requested by the commission, the reports required by this section shall be made on forms furnished by the commission or according to an outline furnished by the commission. Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 174, ch. 44, art. 2, § 33, eff. April 26, 1983. § 61.066. COMMITMENT RECORDS. A commitment to the commission may not be received in evidence or used in any way in any proceedings in any court except in: (1) subsequent proceedings under Title 3 of the Family Code against the same child; (2) imposing sentence in any criminal proceedings against the same person; or (3) subsequent civil commitment proceedings under Chapter 841, Health and Safety Code, regarding the same person. Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, § 34, eff. April 26, 1983; Acts 1999, 76th Leg., ch. 1188, § 4.03, eff. Sept. 1, 1999.
SUBCHAPTER E. CARE AND TREATMENT OF CHILDREN
§ 61.071. INITIAL EXAMINATION. The commission shall examine and make a study of each child committed to it as soon as possible after commitment. The study shall be made according to rules established by the commission and shall include long-term planning for the child, including a determination of whether the child will need long-term residential care. Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, § 35, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 31, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1048, § 4, eff. Sept. 1, 1993. § 61.072. REEXAMINATION. The commission shall periodically reexamine each child under its control except those on release under supervision or in foster homes. The examination of a child may be made as frequently as the commission considers desirable, but shall be made at intervals not exceeding one year. Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 175, ch. 44, art. 2, § 36, eff. April 26, 1983. § 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The commission shall keep written records of all examinations and conclusions based on them and of all orders concerning the disposition or treatment of each child subject to its control. Except as provided by Section 61.093(c), these records and all other information concerning a child, including personally identifiable information, are not public and are available only according to the provisions of Section 58.005, Family Code, Section 61.0731, Human Resources Code, and Chapter 61, Code of Criminal Procedure. Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, § 37, eff. April 26, 1983; Acts 1983, 68th Leg., p. 4584, ch. 769, § 2, eff. June 19, 1983; Acts 1987, 70th Leg., ch. 1099, § 32, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, § 57, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1086, § 32, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 283, § 46, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1294, § 1, eff. Sept. 1, 2003. § 61.0731. INFORMATION AVAILABLE TO CHILDREN, PARENTS, AND OTHERS. (a) In the interest of achieving the purpose of the commission and protecting the public, the commission may disclose records and other information concerning a child to the child and the child's parent or guardian only if disclosure would not materially harm the treatment and rehabilitation of the child and would not substantially decrease the likelihood of the commission receiving information from the same or similar sources in the future. Information concerning a person who is age 18 or older may not be disclosed to the person's parent or guardian without the person's consent. (b) The commission may disclose information regarding a child's location and committing court to a person having a legitimate need for the information. Added by Acts 2003, 78th Leg., ch. 283, § 47, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1294, § 2, eff. Sept. 1, 2003. § 61.074. FAILURE TO EXAMINE OR REEXAMINE. Failure of the commission to examine or reexamine a child as required by this chapter does not entitle the child to be discharged from the control of the commission, but the child may petition the committing court for discharge. After due notice to the commission, the committing court shall discharge the child from the control of the commission unless the commission satisfies the court that further control is necessary. Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, § 38, eff. April 26, 1983. § 61.075. DETERMINATION OF TREATMENT. When a child has been committed to the commission, the commission may: (1) permit the child liberty under supervision and on conditions it believes conducive to acceptable behavior; (2) order the child's confinement under conditions it believes best designed for the child's welfare and the interests of the public; (3) order reconfinement or renewed release as often as conditions indicate to be desirable; (4) revoke or modify any order of the commission affecting a child, except an order of final discharge, as often as conditions indicate; or (5) discharge the child from control when it is satisfied that discharge will best serve the child's welfare and the protection of the public. Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 176, ch. 44, art. 2, § 39, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 33, eff. Sept. 1, 1987. § 61.0751. SUBPOENAS. (a) A hearings examiner appointed by the commission may issue a subpoena requiring the attendance of a witness or the production of any record, book, paper, or document the hearings examiner considers necessary for a determination of treatment under Section 61.075. (b) The hearings examiner may sign a subpoena and administer an oath. (c) A peace officer, apprehension specialist, parole officer, or other commission official may serve the subpoena in the same manner as similar process in a court of record having original jurisdiction of criminal actions is served. (d) A person who testifies falsely, fails to appear when subpoenaed, or fails or refuses to produce material under the subpoena is subject to the same orders and penalties to which a person taking those actions before a court is subject. (e) On application of the commission, a court of record having original jurisdiction of criminal actions may compel the attendance of a witness, the production of material, or the giving of testimony before the hearings examiner, by an attachment for contempt or in the same manner as the court may otherwise compel the production of evidence. Added by Acts 2003, 78th Leg., ch. 1294, § 2, eff. Sept. 1, 2003. § 61.076. TYPE OF TREATMENT PERMITTED. (a) As a means of correcting the socially harmful tendencies of a child committed to it, the commission may: (1) require the child to participate in moral, academic, vocational, physical, and correctional training and activities; (2) require the modes of life and conduct that seem best adapted to fit the child for return to full liberty without danger to the public; (3) provide any medical or psychiatric treatment that is necessary; and (4) place physically fit children in parks-maintenance camps, forestry camps, or ranches owned by the state or the United States and require the performance of suitable conservation and maintenance work. (b) The dominant purpose of placing children in camps is to benefit and rehabilitate the children rather than to make the camps self-sustaining. Children placed in camps may not be exploited. Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 177, ch. 44, art. 2, § 40, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 34, eff. Sept. 1, 1987. § 61.0761. FAMILY PROGRAMS. The commission shall develop programs that encourage family involvement in the rehabilitation of the child. Added by Acts 1987, 70th Leg., ch. 1099, § 35, eff. Sept. 1, 1987. § 61.0762. INFANT CARE AND PARENTING PROGRAM. (a) The commission may establish infant care and parenting programs for children who are parents. (b) The commission may permit a child who is the mother of an infant younger than 36 months to have possession of her infant in a residential program that has an infant care and parenting program until the infant reaches the age of 36 months or the mother is released under supervision if: (1) the infant's father or another relative or guardian of the infant agrees in advance of the infant's placement with the infant's mother to assume possession of the infant immediately upon notice by the commission to do so; (2) the infant's parents and any other person having a duty of support acknowledge that by permitting the mother to have possession of the infant while the mother is confined in a residential facility, the commission assumes no responsibility for the infant's care beyond the responsibility of care that is ordinarily due the infant's mother and the reasonable accommodations that are necessary for the mother's care of the infant; (3) the infant's parents and any other person having a duty of support agree to indemnify and hold the commission harmless from any claims that may be made against the commission for the infant's support, including medical support; and (4) the commission determines that the placement is in the best interest of both the mother and her infant. Added by Acts 1999, 76th Leg., ch. 162, § 1, eff. Aug. 30, 1999. § 61.077. CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION. (a) The commission shall accept a child committed to the commission who is mentally ill or mentally retarded. (b) Unless a child is committed to the commission under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the commission shall discharge a child who is mentally ill or mentally retarded from its custody if: (1) the child has completed the minimum length of stay for the child's committing offense; and (2) the commission determines that the child is unable to progress in the commission's rehabilitation programs because of the child's mental illness or mental retardation. (c) If a child who is discharged from the commission under Subsection (b) as a result of mental illness is not receiving court-ordered mental health services, the child's discharge is effective on the earlier of: (1) the date the court enters an order regarding an application for mental health services filed under Section 61.0772(b); or (2) the 30th day after the date the application is filed. (d) If a child who is discharged from the commission under Subsection (b) as a result of mental illness is receiving court-ordered mental health services, the child's discharge from the commission is effective immediately. If the child is receiving mental health services outside the child's home county, the commission shall notify the mental health authority located in that county of the discharge not later than the 30th day after the date that the child's discharge is effective. (e) If a child who is discharged from the commission under Subsection (b) as a result of mental retardation is not receiving mental retardation services, the child's discharge is effective on the earlier of: (1) the date the court enters an order regarding an application for mental retardation services filed under Section 61.0772(c); or (2) the 30th day after the date that the application is filed. (f) If a child who is discharged from the commission under Subsection (b) as a result of mental retardation is receiving mental retardation services, the child's discharge from the commission is effective immediately. Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 177, ch. 44, art. 2, § 41, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 36, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, § 60, eff. May 31, 1995; Acts 1997, 75th Leg., ch. 1086, § 33, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 1477, § 32, eff. Sept. 1, 1999. § 61.0772. EXAMINATION BEFORE DISCHARGE. (a) The commission shall establish a system that identifies children in the commission's custody who are mentally ill or mentally retarded. (b) Before a child who is identified as mentally ill is discharged from the commission's custody under Section 61.077(b), a commission psychiatrist shall examine the child. The commission shall refer a child requiring outpatient psychiatric treatment to the appropriate mental health authority. For a child requiring inpatient psychiatric treatment, the commission shall file a sworn application for court-ordered mental health services, as provided in Subchapter C, Chapter 574, Health and Safety Code, if: (1) the child is not receiving court-ordered mental health services; and (2) the psychiatrist who examined the child determines that the child is mentally ill and the child meets at least one of the criteria listed in Section 574.034, Health and Safety Code. (c) Before a child who is identified as mentally retarded under Chapter 593, Health and Safety Code, is discharged from the commission's custody under Section 61.077(b), the commission shall refer the child for mental retardation services if the child is not receiving mental retardation services. Added by Acts 1997, 75th Leg., ch. 1086, § 34, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 1477, § 33, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1294, § 3, eff. Sept. 1, 2003. § 61.078. NOTICE OF PENDING DISCHARGE. As soon as practicable after the commission makes a decision to discharge a child or authorize the child's absence from its custody, the commission shall give notice of its decision to the juvenile court and the office of the prosecuting attorney of the county in which the adjudication that the child engaged in delinquent conduct was made. Added by Acts 1981, 67th Leg., p. 2223, ch. 523, § 2, eff. Aug. 31, 1981. Amended by Acts 1983, 68th Leg., p. 178, ch. 44, art. 2, § 42, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 38, eff. Sept. 1, 1987. § 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR TRANSFER. (a) After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 21 years of age, the commission may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the institutional division of the Texas Department of Criminal Justice if: (1) the child has not completed the sentence; and (2) the child's conduct, regardless of whether the child was released under supervision under Section 61.081, indicates that the welfare of the community requires the transfer. (b) The commission shall cooperate with the court on any proceeding on the transfer of the child. (c) If a child is released under supervision, a juvenile court adjudication that the child engaged in delinquent conduct constituting a felony offense, a criminal court conviction of the child for a felony offense, or a determination under Section 61.075(4) revoking the child's release under supervision is required before referral of the child to the juvenile court under Subsection (a). Added by Acts 1987, 70th Leg., ch. 385, § 17, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 262, § 61, eff. Jan. 1, 1996; Acts 2005, 79th Leg., ch. 949, § 40, eff. Sept. 1, 2005.
SUBCHAPTER F. RELEASE
§ 61.081. RELEASE UNDER SUPERVISION. (a) The commission may release under supervision any child in its custody and place the child in his or her home or in any situation or family approved by the commission. Prior to placing a child in his or her home, the commission shall evaluate the home setting to determine the level of supervision and quality of care that is available in the home. (b) Subject to legislative appropriation, the commission may employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee's adjustment to society in accordance with the rules adopted by the commission. (c) Parole officers may work with local organizations, clubs, and agencies to formulate plans and procedures for the prevention of juvenile delinquency. (d) The commission may resume the care and custody of any child released under supervision at any time before the final discharge of the child. (e) Not later than 10 days before the day the commission releases a child under this section, the commission shall give notice of the release to the juvenile court and the office of the prosecuting attorney of the county in which the adjudication that the child engaged in delinquent conduct was made. (f) If a child is committed to the commission under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the commission may not release the child under supervision without approval of the juvenile court that entered the order of commitment unless the child has served at least: (1) 10 years, if the child was sentenced to commitment for conduct constituting capital murder; (2) 3 years, if the child was sentenced to commitment for conduct constituting an aggravated controlled substance felony or a felony of the first degree; (3) 2 years, if the child was sentenced to commitment for conduct constituting a felony of the second degree; or (4) 1 year, if the child was sentenced to commitment for conduct constituting a felony of the third degree. (g) The commission may request the approval of the court under this section at any time. (h) If the commission finds that a child has violated an order under which the child is released under supervision, on notice by any reasonable method to all persons affected, the commission may order the child: (1) to return to an institution; (2) if the violation resulted in property damage or personal injury: (A) to make full or partial restitution to the victim of the offense; or (B) if the child is financially unable to make full or partial restitution, to perform services for a charitable or educational institution; or (3) to comply with any other conditions the commission considers appropriate. (i) Notwithstanding Subsection (f), if a child is committed to the commission under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the commission may release the child under supervision without approval of the juvenile court that entered the order of commitment if not more than nine months remain before the child's discharge under Section 61.084(b). Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2223, ch. 523, § 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 178, ch. 44, art. 2, § 43, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 385, § 15, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1099, § 39 to 41, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, § 16.01(26), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 262, § 62, eff. Jan. 1, 1996; Acts 2005, 79th Leg., ch. 949, § 41, eff. Sept. 1, 2005. § 61.0811. PAROLE MANAGEMENT. The commission shall develop a management system for parole services that objectively measures and provides for: (1) the systematic examination of children's needs and the development of treatment plans to address those needs; (2) the evaluation of homes, foster homes, and public and private institutions as constructive parole placements; (3) the classification of children based on the level of children's needs and the degree of risk presented to the public; (4) the objective measurement of parole officer workloads; and (5) the gathering and analysis of information related to the effectiveness of parole services and to future parole requirements. Added by Acts 1987, 70th Leg., ch. 1099, § 42(a), eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 1048, § 5, eff. Sept. 1, 1993. § 61.0812. TREATMENT FOR SUBSTANCE ABUSE. Subject to an express appropriation to fund the treatment programs required by this section, the commission may not release a child under supervision or parole a child if: (1) the child has a substance abuse problem, including the use of a controlled substance, hazardous inhalable substances, or alcohol habitually; and (2) the child has not completed a treatment program for the problem. Added by Acts 1995, 74th Leg., ch. 262, § 63, eff. Jan. 1, 1996. § 61.0813. SEX OFFENDER COUNSELING AND TREATMENT. (a) Before releasing a child described by Subsection (b) under supervision, the commission: (1) may require as a condition of release that the child: (A) attend psychological counseling sessions for sex offenders as provided by Subsection (e); and (B) submit to a polygraph examination as provided by Subsection (f) for purposes of evaluating the child's treatment progress; and (2) shall require as a condition of release that the child: (A) register under Chapter 62, Code of Criminal Procedure; and (B) submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the child, unless the child has already submitted the required specimen under other state law. (b) This section applies to a child adjudicated for engaging in delinquent conduct constituting an offense for which the child is required to register as a sex offender under Chapter 62, Code of Criminal Procedure. (c) Psychological counseling required as a condition of release under Subsection (a) must be with an individual or organization that: (1) provides sex offender treatment or counseling; (2) is specified by the commission; and (3) meets minimum standards of counseling established by the commission. (d) A polygraph examination required as a condition of release under Subsection (a) must be administered by an individual who is: (1) specified by the commission; and (2) licensed as a polygraph examiner under Chapter 1703, Occupations Code. (e) In addition to specifying a sex offender treatment provider to provide counseling to a child described by Subsection (b), the commission shall: (1) establish with the cooperation of the treatment provider the date, time, and place of the first counseling session between the child and the treatment provider; (2) notify the child and the treatment provider before the release of the child of the date, time, and place of the first counseling session between the child and the treatment provider; and (3) require the treatment provider to notify the commission immediately if the child fails to attend any scheduled counseling session. (f) If the commission specifies a polygraph examiner under Subsection (d) to administer a polygraph examination to a child, the commission shall arrange for a polygraph examination to be administered to the child: (1) not later than the 60th day after the date the child attends the first counseling session established under Subsection (e); and (2) after the initial polygraph examination, as required by Subdivision (1), on the request of the treatment provider specified under Subsection (c). (g) If the commission requires as a condition of release that a child attend psychological counseling under Subsection (a), the commission shall notify the court that committed the child to the commission. After receiving notification from the commission under this subsection, the court may order the parent or guardian of the child to: (1) attend four sessions of instruction with an individual or organization specified by the commission relating to: (A) sexual offenses; (B) family communication skills; (C) sex offender treatment; (D) victims' rights; (E) parental supervision; and (F) appropriate sexual behavior; and (2) during the time the child attends psychological counseling, participate in monthly treatment groups conducted by the child's treatment provider relating to the child's psychological counseling. (h) A court that orders a parent or guardian of a child to attend instructional sessions and participate in treatment groups under Subsection (g) shall require: (1) the individual or organization specified by the commission under Subsection (g) to notify the court immediately if the parent or guardian fails to attend any scheduled instructional session; and (2) the child's treatment provider specified under Subsection (c) to notify the court immediately if the parent or guardian fails to attend a session in which the parent or guardian is required to participate in a scheduled treatment group. (i) If the commission requires as a condition of release that a child attend psychological counseling under Subsection (a), the commission may, before the date the period of release ends, petition the appropriate court to request the court to extend the period of release for an additional period necessary to complete the required counseling as determined by the treatment provider, except that the release period may not be extended to a date after the date of the child's 18th birthday. Added by Acts 1997, 75th Leg., ch. 669, § 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 211, § 17, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, § 14.814, eff. Sept. 1, 2001. § 61.082. TRANSPORTATION, CLOTHING, MONEY. The commission shall ensure that each child it releases under supervision has suitable clothing, transportation to his or her home or to the county in which a suitable home or employment has been found, and money in an amount authorized by the rules of the commission. Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 179, ch. 44, art. 2, § 44, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 43, eff. Sept. 1, 1987. § 61.083. CONTRACTS WITH COUNTIES. (a) The commission may make a contract with a county to use the services of the county's juvenile probation department for the supervision of children within the county who are on furlough from a commission facility or who are released under supervision from a commission facility. (b) The payments shall be made to the county treasurer on a quarterly schedule. (c) The commission may not pay a county for supervision of a child for any time after the child: (1) is discharged from the commission's custody; (2) is returned to a commission facility; or (3) transfers his or her residence to another county or state. (d) A county that has a contract with the commission must report to the commission on the status and progress of each child for whom the county is receiving payments. The reports shall be made at the time and in the manner specified by the contract. Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 887, ch. 313, § 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 179, ch. 44, art. 2, § 45, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 252, § 1, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1099, § 44, eff. Sept. 1, 1987. § 61.084. TERMINATION OF CONTROL. (a) Except as provided by Subsections (b) and (c), if a person is committed to the commission under a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, the commission may not discharge the person from its custody. (b) The commission shall discharge without a court hearing a person committed to it for a determinate sentence under Section 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code, who has not been transferred to the institutional division of the Texas Department of Criminal Justice under a court order on the date that the time spent by the person in detention in connection with the committing case plus the time spent at the Texas Youth Commission under the order of commitment equals the period of the sentence. (c) The commission shall transfer to the institutional division of the Texas Department of Criminal Justice a person who is the subject of an order under Section 54.11(i)(2), Family Code, transferring the person to the custody of the institutional division of the Texas Department of Criminal Justice for the completion of the person's sentence. (d) Repealed by Acts 2003, 78th Leg., ch. 283, § 61(3). (e) Except as provided by Subsection (f) or (g), the commission shall discharge from its custody a person not already discharged on the person's 21st birthday. (f) The commission shall transfer a person who has been sentenced under a determinate sentence to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been returned to the commission under Section 54.11(i)(1), Family Code, to the custody of the pardons and paroles division of the Texas Department of Criminal Justice to serve the remainder of the person's sentence on parole as provided by Section 508.156, Government Code, when the person is released under supervision after becoming 19 years of age. (g) The commission shall transfer a person who has been sentenced under a determinate sentence to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been returned to the commission under Section 54.11(i)(1), Family Code, to the custody of the pardons and paroles division of the Texas Department of Criminal Justice on the person's 21st birthday, if the person has not already been discharged or transferred, to serve the remainder of the person's sentence on parole as provided by Section 508.156, Government Code. Acts 1979, 66th Leg., p. 2390, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, § 46, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, § 2, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 385, § 16, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 574, § 4, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 262, § 64, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, § 12.19, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 283, § 48, 61(3), eff. Sept. 1, 2003. § 61.0841. DETERMINATE SENTENCE PAROLE. (a) Not later than the 90th day before the date the commission transfers a person to the custody of the pardons and paroles division of the Texas Department of Criminal Justice for release on parole under Section 61.081(f) or 61.084(f) or (g), the commission shall submit to the department all pertinent information relating to the person, including: (1) the juvenile court judgment; (2) the circumstances of the person's offense; (3) the person's previous social history and juvenile court records; (4) the person's physical and mental health record; (5) a record of the person's conduct, employment history, and attitude while committed to the commission; (6) a record of the sentence time served by the person at the commission and in a juvenile detention facility in connection with the conduct for which the person was adjudicated; and (7) any written comments or information provided by the commission, local officials, or victims of the offense. (b) The commission shall provide instruction for parole officers of the pardons and paroles division relating to juvenile programs at the commission. The commission and the pardons and paroles division shall enter into a memorandum of understanding relating to the administration of this subsection. Added by Acts 1997, 75th Leg., ch. 165, § 12.20, eff. Sept. 1, 1997.
SUBCHAPTER G. MISCELLANEOUS PROVISIONS
§ 61.091. COOPERATION OF OTHER AGENCIES. To effectuate the purpose of this chapter and to make maximum use of existing facilities and personnel, all departments and agencies of the state and all officers and employees of the state, when requested by the commission, shall cooperate with it in all activities consistent with their proper functions. Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, § 47, eff. April 26, 1983. § 61.0911. COORDINATED STRATEGIC PLAN. The Texas Youth Commission shall biennially develop with the Texas Juvenile Probation Commission a coordinated strategic plan as required by Section 141.0471. Added by Acts 1995, 74th Leg., ch. 262, § 65, eff. Jan. 1, 1996. § 61.092. NO FORFEITURE OF CIVIL RIGHTS. Commitment of a child to the custody of the commission does not disqualify the child in any future examination, appointment, or application for public service under the government of the state or of any political subdivision of the state. Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, § 48, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 45, eff. Sept. 1, 1987. § 61.093. ESCAPE AND APPREHENSION. (a) If a child who has been committed to the commission and placed by it in any institution or facility has escaped or has been released under supervision and broken the conditions of release: (1) a sheriff, deputy sheriff, constable, or police officer may, without a warrant, arrest the child; or (2) a parole officer or other commission employee designated by the executive director may, without a warrant or other order, take the child into the custody of the commission. (b) A child who is arrested or taken into custody under Subsection (a) may be detained in any suitable place, including an adult jail facility if the person is 17 years of age or older, until the child is returned to the custody of the commission or transported to a commission facility. (c) Notwithstanding Section 58.005, Family Code, the commission may disseminate to the public the following information relating to a child who has escaped from custody: (1) the child's name, including other names by which the child is known; (2) the child's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (3) a photograph of the child; and (4) if necessary to protect the welfare of the community, any other information that reveals dangerous propensities of the child or expedites the apprehension of the child. Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 180, ch. 44, art. 2, § 49, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, § 46, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1086, § 35, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 1477, § 34, eff. Sept. 1, 1999. § 61.0931. APPREHENSION SPECIALISTS. (a) The commission may employ and commission apprehension specialists as peace officers for the purpose of apprehending a child under Section 61.093. (b) Peace officers employed and commissioned under Subsection (a) must be certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 415, Government Code. Added by Acts 1995, 74th Leg., ch. 729, § 2, eff. Aug. 28, 1995. § 61.094. YOUTH DEVELOPMENT COUNCIL FUND. The youth development council fund exists in the treasury as a special fund for the purposes provided by law. Added by Acts 1987, 70th Leg., ch. 147, § 3, eff. Sept. 1, 1987. § 61.095. REQUEST FOR RECORDS. For the purpose of offering a record as evidence in the punishment phase of a criminal proceeding, a prosecuting attorney may obtain the record of a defendant's adjudication that is admissible under Section 3(a), Article 37.07, Code of Criminal Procedure, by submitting a request for the record to the commission. If the commission has a record to which the prosecuting attorney is entitled under this section, the commission shall furnish a copy of the record to the prosecuting attorney. Otherwise, the commission shall notify the prosecuting attorney that the commission does not have a record to which the attorney is entitled under this section. Added by Acts 1991, 72nd Leg., ch. 206, § 1, eff. May 26, 1991. § 61.096. LIABILITY OF VOLUNTEERS. (a) Except as provided by Subsection (b), a volunteer is not liable for damages arising from an act or omission that results in personal injury, death, or property damage if the act or omission is: (1) in the course and scope of the volunteer's duties as a volunteer; and (2) not intentional or grossly negligent. (b) A volunteer is liable for personal injury, death, or property damage proximately caused by an act or omission related to the operation or use of any motor-driven equipment to the extent of the greater of: (1) the amount of financial responsibility required for the motor-driven equipment, if any, under Chapter 601, Transportation Code; or (2) the amount of any liability insurance coverage that applies to the act or omission. (c) In this section, "volunteer" means an individual rendering services for or on behalf of the commission who does not receive compensation in excess of reimbursement for expenses incurred. Added by Acts 1997, 75th Leg., ch. 963, § 1, eff. Sept. 1, 1997. § 61.097. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a juvenile detention facility or other correctional facility operated by or under a contract with the commission, a county, or a juvenile probation department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted. Added by Acts 1999, 76th Leg., ch. 399, § 2, eff. Aug. 30, 1999.
SUBCHAPTER H. YOUTH BOOT CAMP PROGRAMS
§ 61.101. YOUTH BOOT CAMP PROGRAMS. (a) The commission may establish a youth boot camp program and may employ necessary personnel to operate the youth boot camps. (b) The commission, in consultation with the Texas Juvenile Probation Commission, shall develop guidelines for a program of physical and correctional training and military-style discipline for children placed in youth boot camps operated by local probation departments for violating the conditions of release under supervision or parole under Section 61.081. (c) The commission shall develop a program of physical and correctional training and military-style discipline for children committed to the commission who are placed in youth boot camps or other commission facilities. (d) The commission shall adopt rules of conduct for children participating in the program under this section. Added by Acts 1995, 74th Leg., ch. 262, § 66, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, § 36, eff. Sept. 1, 1997.
SUBCHAPTER I. INDUSTRIES PROGRAM
§ 61.121. PURPOSE; IMPLEMENTATION. The purposes of the commission industries program are: (1) to provide adequate employment and vocational training for children; and (2) to develop and expand public and private commission industries. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.122. ADVISORY COMMITTEE. (a) A commission industries advisory committee is created consisting of nine members appointed by the commission. (b) Members serve staggered three-year terms, with the terms of three members expiring February 1 of each odd-numbered year. (c) In making appointments under this section, the commission shall endeavor to include representatives of industries appropriate for hiring children committed to the commission. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.123. PAY AND DISTRIBUTION OF PAY. The commission shall apportion wages earned by a child working under the industries program in amounts determined at the discretion of the commission, in the following priority: (1) a person to whom the child has been ordered by a court or to whom the child has agreed to pay restitution; (2) a person to whom the child has been ordered by a court to pay child support; (3) the compensation to victims of crime fund or the compensation to victims of crime auxiliary fund; and (4) the child's student account. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1409, § 5, eff. Sept. 1, 1997. § 61.124. INDUSTRIES FUND. (a) A Texas Youth Commission industries program fund is created in the state treasury. (b) Proceeds from the operation of the industries program shall be deposited in the fund. (c) Money from the fund may be appropriated only for use by the commission for the administration of this subchapter. (d) Sections 403.094 and 403.095, Government Code, do not apply to the fund. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.125. CONTRACTS. To encourage the development and expansion of the industries program, the commission may enter into necessary contracts related to the program. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.126. DONATIONS. The industries program may be financed through contributions donated for this purpose by private businesses contracting with the commission. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.127. GRANTS. (a) The commission may accept a grant for the vocational rehabilitation of children. (b) The commission shall maintain a record of the receipt and disbursement of a grant and shall annually report to the lieutenant governor and the speaker of the house of representatives on the administration of grant funds. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.128. LEASE OF LAND. (a) The commission may lease land owned by the commission to a private business to expand and develop the industries program. (b) The term of the lease may not exceed 20 years. (c) The business must lease the land at fair market value. (d) The business may construct a new facility on the land or convert an existing facility. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.129. CERTIFICATION FOR FRANCHISE CREDIT. The commission shall prepare and issue a certification that a corporation requires for the franchise tax credit for wages paid as provided by Subchapter M, Chapter 171, Tax Code. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996. § 61.130. OPTIONAL AD VALOREM TAX ABATEMENT. (a) A business contracting with the commission may enter into an ad valorem tax abatement agreement under Subchapters B and C, Chapter 312, Tax Code, with the governing body of the municipality and county in which the business is located. (b) If an area in which businesses contracting with the commission under this subchapter is designated as a reinvestment zone under Chapter 312, Tax Code, the area satisfies Section 312.202(a)(6), Tax Code, in that the area would be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the entity designating the area as a reinvestment zone. Added by Acts 1995, 74th Leg., ch. 262, § 67, eff. Jan. 1, 1996.

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