Bill Text: TX HB1621 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment of a public junior college district by the Texas Department of Criminal Justice.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-04 - Left pending in committee [HB1621 Detail]
Download: Texas-2019-HB1621-Introduced.html
86R6922 KJE-D | ||
By: White | H.B. No. 1621 |
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relating to the establishment of a public junior college district | ||
by the Texas Department of Criminal Justice. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 130, Education Code, is amended by | ||
adding Subchapter N to read as follows: | ||
SUBCHAPTER N. JUNIOR COLLEGE DISTRICT IN TEXAS DEPARTMENT OF | ||
CRIMINAL JUSTICE | ||
Sec. 130.401. DEFINITIONS. In this chapter: | ||
(1) "Board" means the Texas Board of Criminal Justice. | ||
(2) "Coordinating board" means the Texas Higher | ||
Education Coordinating Board. | ||
(3) "Department" means the Texas Department of | ||
Criminal Justice. | ||
(4) "District" means the public junior college | ||
district established under this subchapter. | ||
Sec. 130.402. ESTABLISHMENT; OPERATION. (a) The | ||
department may establish a public junior college district to | ||
operate public junior college campuses at the department's | ||
facilities. | ||
(b) The board is the district's governing board and shall | ||
provide for the operation of the district in the manner the board | ||
considers appropriate. | ||
Sec. 130.403. SUNSET PROVISION. The district is subject to | ||
review under Chapter 325, Government Code (Texas Sunset Act), and | ||
shall be reviewed during the period in which the department is | ||
reviewed. | ||
Sec. 130.404. APPLICABILITY OF CODE; LIMITATION ON POWERS. | ||
(a) Unless otherwise specifically provided, a provision of this | ||
code applying to a public junior college district or to the | ||
governing board of a public junior college district does not apply | ||
to the district or to the board. | ||
(b) The district may not impose a tax. | ||
Sec. 130.405. GOALS. The goals of the district in educating | ||
the district's students are to: | ||
(1) reduce recidivism; | ||
(2) reduce the cost of confinement or imprisonment; | ||
(3) increase the success of former inmates in | ||
obtaining and maintaining employment; and | ||
(4) provide an incentive to inmates to behave in | ||
positive ways during confinement or imprisonment. | ||
Sec. 130.406. GENERAL DUTIES. The district shall: | ||
(1) develop educational programs specifically | ||
designed for persons eligible under Section 130.407 and ensure that | ||
those programs are integrated with an applied vocational context | ||
leading to employment; | ||
(2) develop vocational training programs specifically | ||
designed for persons eligible under Section 130.407 and prioritize | ||
the programs that result in the obtainment of workforce | ||
credentials, including certification or licensure, considering the | ||
impact that a previous felony conviction has on a person's ability | ||
to obtain credentialing or employment; | ||
(3) continually assess job markets in this state and | ||
update, augment, and expand the vocational training programs | ||
developed under Subdivision (2) as necessary to provide relevant | ||
and marketable skills to students; and | ||
(4) coordinate educational programs and services in | ||
the department with those provided by the Windham School District, | ||
by other state agencies, by political subdivisions, and by persons | ||
who provide programs and services under contract. | ||
Sec. 130.407. ELIGIBILITY FOR DISTRICT PROGRAMS AND | ||
SERVICES. (a) Any person confined or imprisoned in the department | ||
who has earned a high school diploma or high school equivalency | ||
certificate is eligible for the district's programs and services. | ||
(b) To the extent space and funding are available, the | ||
district may offer programs or services to persons confined or | ||
imprisoned in the department who are not described by Subsection | ||
(a). | ||
Sec. 130.408. INFORMATION REQUIRED BEFORE VOCATIONAL | ||
TRAINING PROGRAM ENROLLMENT. Before a person enrolls in a district | ||
vocational training program, the district must inform the person in | ||
writing of: | ||
(1) any rule or policy of a state agency that would | ||
impose a restriction or prohibition on the person in obtaining a | ||
certificate, license, or other credential in connection with the | ||
vocational training program; | ||
(2) the total number of district students released | ||
during the preceding 10 years who have completed a district | ||
vocational training program that allows for an opportunity to apply | ||
for a certificate, license, or other credential from a state agency | ||
and, of those students: | ||
(A) the number who have applied for a | ||
certificate, license, or other credential from a state agency; | ||
(B) the number who have been issued a | ||
certificate, license, or other credential by a state agency; and | ||
(C) the number who have been denied a | ||
certificate, license, or other credential by a state agency; and | ||
(3) the procedures for: | ||
(A) requesting a criminal history evaluation | ||
letter under Section 53.102, Occupations Code; | ||
(B) providing evidence of fitness to perform the | ||
duties and discharge the responsibilities of a licensed occupation | ||
for purposes of Section 53.023, Occupations Code; and | ||
(C) appealing a state agency's denial of a | ||
certificate, license, or other credential, including deadlines and | ||
due process requirements: | ||
(i) to the State Office of Administrative | ||
Hearings under Subchapter C, Chapter 2001, Government Code; and | ||
(ii) through any other available avenue. | ||
Sec. 130.409. CREDIT FOR COMPLETION OF EDUCATIONAL | ||
PROGRAMS. (a) An institution of higher education, as defined by | ||
Section 61.003, shall grant to a student credit toward a degree or | ||
certificate program at the institution for courses the student | ||
successfully completes in the district's educational programs, in | ||
accordance with rules adopted by the coordinating board. | ||
(b) A student may graduate and receive an associate degree | ||
or certificate from an educational program offered by the district | ||
if the student successfully completes the curriculum requirements | ||
established by the board for that program, in accordance with rules | ||
adopted by the coordinating board. | ||
Sec. 130.410. COORDINATION. (a) The board may coordinate | ||
or partner with any appropriate entity to establish the district or | ||
to provide the district's programs and services. | ||
(b) The district shall coordinate vocational education and | ||
job training programs with a local workforce development board | ||
authorized by the Texas Workforce Commission to ensure that | ||
district students are equipped with the skills necessary to compete | ||
for current and emerging jobs. | ||
Sec. 130.411. FUNDING. (a) The district is eligible to | ||
receive formula funding under Section 130.003 or any other funding | ||
as the legislature considers appropriate. | ||
(b) Not later than September 1, 2020, the coordinating board | ||
shall provide to the legislature recommendations regarding | ||
appropriate methods of funding the district. This subsection | ||
expires September 1, 2021. | ||
Sec. 130.412. GRANTS AND FEDERAL FUNDS. (a) The district | ||
may accept a grant from any public or private organization and may | ||
spend those funds to provide the district's programs and services. | ||
(b) The district may accept federal funds and shall use | ||
those funds in compliance with applicable federal law. | ||
Sec. 130.413. STRATEGIC PLAN AND ANNUAL REPORT. (a) The | ||
district shall propose, and the board shall adopt with any | ||
modification the board finds necessary, a strategic plan that | ||
includes: | ||
(1) a mission statement relating to the goals and | ||
duties of the district under this chapter; | ||
(2) goals to be met by the district in carrying out the | ||
mission stated; and | ||
(3) specific educational, vocational training, and | ||
counseling programs to be conducted by the district to meet the | ||
goals stated in the plan. | ||
(b) Not later than January 31 of each year, the district | ||
shall prepare and submit to the board, the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and the | ||
coordinating board a report for the preceding fiscal year | ||
documenting the district's activities under the strategic plan | ||
adopted under Subsection (a). | ||
Sec. 130.414. PROGRAM DATA COLLECTION AND BIENNIAL | ||
EVALUATION AND REPORT. (a) To evaluate the effectiveness of the | ||
district's programs, the district shall compile and analyze | ||
information for each program, including performance-based | ||
information and data related to academic, vocational training, and | ||
life skills programs. The information must include for each person | ||
participating in the program an evaluation of: | ||
(1) institutional disciplinary violations; | ||
(2) subsequent arrests; | ||
(3) subsequent convictions or confinements; | ||
(4) the cost of confinement; | ||
(5) educational achievement; | ||
(6) progress toward an associate degree or | ||
certificate; | ||
(7) the kind of training services provided; | ||
(8) the kind of employment the person obtains on | ||
release; | ||
(9) whether the employment was related to training; | ||
(10) the difference between the amount of the person's | ||
earnings on the date employment is obtained following release and | ||
the amount of those earnings on the first anniversary of that date; | ||
and | ||
(11) the retention factors associated with the | ||
employment. | ||
(b) Not later than September 1 of each even-numbered year, | ||
the district shall use the information compiled and analyzed under | ||
Subsection (a) to: | ||
(1) evaluate whether the district's programs meet the | ||
goals under Section 130.405 and make changes to the programs as | ||
necessary; and | ||
(2) submit to the board, the governor, and the | ||
legislature a report on the district's findings. | ||
(c) The district may enter into a memorandum of | ||
understanding with the department, the Department of Public Safety, | ||
and the Texas Workforce Commission to obtain and share data | ||
necessary to evaluate the district's programs. | ||
SECTION 2. Section 493.031(a), Government Code, is amended | ||
to read as follows: | ||
(a) Each facility under the oversight of the correctional | ||
institutions division shall establish a case management committee | ||
to assess each inmate in the facility and ensure the inmate is | ||
receiving appropriate services or participating in appropriate | ||
programs. The case management committee shall: | ||
(1) review each individualized treatment plan adopted | ||
under Section 508.152 for an inmate in the facility and, as | ||
applicable, discuss with the inmate a possible treatment plan, | ||
including participation in any program or service that may be | ||
available through the department, the Windham School District, a | ||
public junior college district established under Subchapter N, | ||
Chapter 130, Education Code, or any volunteer organization; and | ||
(2) meet with each inmate in the facility at the time | ||
of the inmate's initial placement in the facility and at any time in | ||
which the committee seeks to reclassify the inmate based on the | ||
inmate's refusal to participate in a program or service recommended | ||
by the committee. | ||
SECTION 3. Sections 501.092(c) and (e), Government Code, | ||
are amended to read as follows: | ||
(c) The department, in consultation with the Board of | ||
Pardons and Paroles, [ |
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public junior college district established under Subchapter N, | ||
Chapter 130, Education Code, shall establish the role of each | ||
entity in providing reentry and reintegration services. The reentry | ||
and reintegration plan adopted under this section must include, | ||
with respect to the department, the Board of Pardons and Paroles, | ||
[ |
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district established under Subchapter N, Chapter 130, Education | ||
Code: | ||
(1) the reentry and reintegration responsibilities | ||
and goals of each entity, including the duties of each entity to | ||
administer the risk and needs assessment instrument adopted under | ||
Section 501.0921; | ||
(2) the strategies for achieving the goals identified | ||
by each entity; and | ||
(3) specific timelines for each entity to implement | ||
the components of the reentry and reintegration plan for which the | ||
entity is responsible. | ||
(e) The department shall provide a copy of the initial | ||
reentry and reintegration plan adopted under this section and each | ||
evaluation and revision of the plan to the board, the Windham School | ||
District, a public junior college district established under | ||
Subchapter N, Chapter 130, Education Code, and the Board of Pardons | ||
and Paroles. | ||
SECTION 4. Section 501.0921(c), Government Code, is amended | ||
to read as follows: | ||
(c) The department, [ |
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public junior college district established under Subchapter N, | ||
Chapter 130, Education Code, shall jointly determine the duties of | ||
each entity with respect to implementing the risk and needs | ||
assessment instrument in order to efficiently use existing | ||
assessment processes. | ||
SECTION 5. Section 501.0971(b), Government Code, is amended | ||
to read as follows: | ||
(b) The department shall make the resource guide available | ||
in the [ |
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District and of a public junior college district established under | ||
Subchapter N, Chapter 130, Education Code, and in each of the | ||
following areas of a correctional facility: | ||
(1) peer educator classrooms; | ||
(2) chapels; | ||
(3) reintegration specialist offices; and | ||
(4) any area or classroom that is used by the | ||
department for the purpose of providing information about reentry | ||
to inmates. | ||
SECTION 6. Section 501.098(a), Government Code, is amended | ||
to read as follows: | ||
(a) The department shall establish a reentry task force and | ||
shall coordinate the work of the task force with the Office of Court | ||
Administration. The executive director shall ensure that the task | ||
force includes representatives of the following entities: | ||
(1) the Texas Juvenile Justice Department; | ||
(2) the Texas Workforce Commission; | ||
(3) the Department of Public Safety; | ||
(4) the Texas Department of Housing and Community | ||
Affairs; | ||
(5) the Texas Correctional Office on Offenders with | ||
Medical or Mental Impairments; | ||
(6) the Health and Human Services Commission; | ||
(7) the Texas Judicial Council; | ||
(8) the Board of Pardons and Paroles; | ||
(9) the Windham School District; | ||
(10) the Texas Commission on Jail Standards; | ||
(11) the Department of State Health Services; | ||
(12) the Texas Court of Criminal Appeals; | ||
(13) the County Judges and Commissioners Association | ||
of Texas; | ||
(14) the Sheriffs' Association of Texas; | ||
(15) the Texas District and County Attorneys | ||
Association; [ |
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(16) the Texas Conference of Urban Counties; and | ||
(17) a public junior college district established | ||
under Subchapter N, Chapter 130, Education Code. | ||
SECTION 7. Section 661.031(2), Government Code, is amended | ||
to read as follows: | ||
(2) "State employee" means an individual who is an | ||
appointed officer or employee of a state agency and who normally | ||
works 900 hours or more a year. The term includes: | ||
(A) an hourly employee; | ||
(B) a temporary employee; | ||
(C) a person employed by: | ||
(i) the Teacher Retirement System of Texas; | ||
(ii) the Texas Education Agency; | ||
(iii) the Texas Higher Education | ||
Coordinating Board; | ||
(iv) the Texas School for the Blind and | ||
Visually Impaired; | ||
(v) the Texas School for the Deaf; | ||
(vi) the Texas Juvenile Justice Department; | ||
(vii) the Windham School District; [ |
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(viii) the Department of Assistive and | ||
Rehabilitative Services; or | ||
(ix) a public junior college district | ||
established under Subchapter N, Chapter 130, Education Code; and | ||
(D) a classified, administrative, faculty, or | ||
professional employee of a state institution or agency of higher | ||
education who has accumulated vacation leave, sick leave, or both, | ||
during the employment. | ||
SECTION 8. Section 661.061(2), Government Code, is amended | ||
to read as follows: | ||
(2) "State employee" means an employee or appointed | ||
officer of a state agency. The term includes: | ||
(A) a full-time employee or officer; | ||
(B) a part-time employee or officer; | ||
(C) an hourly employee; | ||
(D) a temporary employee; | ||
(E) a person employed by: | ||
(i) the Teacher Retirement System of Texas; | ||
(ii) the Texas Education Agency; | ||
(iii) the Texas Higher Education | ||
Coordinating Board; | ||
(iv) the Texas School for the Blind and | ||
Visually Impaired; | ||
(v) the Texas School for the Deaf; | ||
(vi) the Texas Juvenile Justice Department; | ||
(vii) the Windham School District; [ |
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(viii) the Department of Assistive and | ||
Rehabilitative Services; or | ||
(ix) a public junior college district | ||
established under Subchapter N, Chapter 130, Education Code; or | ||
(F) a classified, administrative, faculty, or | ||
professional employee of a state institution or agency of higher | ||
education who has accumulated vacation leave during the employment. | ||
SECTION 9. Section 1551.319(d), Insurance Code, is amended | ||
to read as follows: | ||
(d) The executive head of the Windham School District or a | ||
public junior college district established under Subchapter N, | ||
Chapter 130, Education Code, shall determine whether an educational | ||
professional employee of the applicable district [ |
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full-time employee for purposes of this chapter. | ||
SECTION 10. (a) Not later than January 31 of the year | ||
immediately following the year in which a public junior college | ||
district is established under Subchapter N, Chapter 130, Education | ||
Code, as added by this Act, the district shall prepare and submit | ||
the initial report required under Section 130.413 of that | ||
subchapter. | ||
(b) Not later than September 1 of the first even-numbered | ||
year following the year in which a public junior college district is | ||
established under Subchapter N, Chapter 130, Education Code, as | ||
added by this Act, the district shall submit the initial report | ||
required under Section 130.414 of that subchapter. | ||
SECTION 11. This Act takes effect September 1, 2019. |