88R13889 CJD-F
 
  By: Perry S.B. No. 1868
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the office of inspector general
  of the Texas Juvenile Justice Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.12, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
  officers:
               (1)  sheriffs, their deputies, and those reserve
  deputies who hold a permanent peace officer license issued under
  Chapter 1701, Occupations Code;
               (2)  constables, deputy constables, and those reserve
  deputy constables who hold a permanent peace officer license issued
  under Chapter 1701, Occupations Code;
               (3)  marshals or police officers of an incorporated
  city, town, or village, and those reserve municipal police officers
  who hold a permanent peace officer license issued under Chapter
  1701, Occupations Code;
               (4)  rangers, officers, and members of the reserve
  officer corps commissioned by the Public Safety Commission and the
  Director of the Department of Public Safety;
               (5)  investigators of the district attorneys', criminal
  district attorneys', and county attorneys' offices;
               (6)  law enforcement agents of the Texas Alcoholic
  Beverage Commission;
               (7)  each member of an arson investigating unit
  commissioned by a city, a county, or the state;
               (8)  officers commissioned under Section 37.081,
  Education Code, or Subchapter E, Chapter 51, Education Code;
               (9)  officers commissioned by the General Services
  Commission;
               (10)  law enforcement officers commissioned by the
  Parks and Wildlife Commission;
               (11)  officers commissioned under Chapter 23,
  Transportation Code;
               (12)  municipal park and recreational patrolmen and
  security officers;
               (13)  security officers and investigators commissioned
  as peace officers by the comptroller;
               (14)  officers commissioned by a water control and
  improvement district under Section 49.216, Water Code;
               (15)  officers commissioned by a board of trustees
  under Chapter 54, Transportation Code;
               (16)  investigators commissioned by the Texas Medical
  Board;
               (17)  officers commissioned by:
                     (A)  the board of managers of the Dallas County
  Hospital District, the Tarrant County Hospital District, the Bexar
  County Hospital District, or the El Paso County Hospital District
  under Section 281.057, Health and Safety Code;
                     (B)  the board of directors of the Ector County
  Hospital District under Section 1024.117, Special District Local
  Laws Code;
                     (C)  the board of directors of the Midland County
  Hospital District of Midland County, Texas, under Section 1061.121,
  Special District Local Laws Code; and
                     (D)  the board of hospital managers of the Lubbock
  County Hospital District of Lubbock County, Texas, under Section
  1053.113, Special District Local Laws Code;
               (18)  county park rangers commissioned under
  Subchapter E, Chapter 351, Local Government Code;
               (19)  investigators employed by the Texas Racing
  Commission;
               (20)  officers commissioned under Chapter 554,
  Occupations Code;
               (21)  officers commissioned by the governing body of a
  metropolitan rapid transit authority under Section 451.108,
  Transportation Code, or by a regional transportation authority
  under Section 452.110, Transportation Code;
               (22)  investigators commissioned by the attorney
  general under Section 402.009, Government Code;
               (23)  security officers and investigators commissioned
  as peace officers under Chapter 466, Government Code;
               (24)  officers appointed by an appellate court under
  Subchapter F, Chapter 53, Government Code;
               (25)  officers commissioned by the state fire marshal
  under Chapter 417, Government Code;
               (26)  an investigator commissioned by the commissioner
  of insurance under Section 701.104, Insurance Code;
               (27)  officers appointed by the chief inspector general
  of [apprehension specialists and inspectors general commissioned
  by] the Texas Juvenile Justice Department [as officers] under
  Section [Sections] 242.102 [and 243.052], Human Resources Code;
               (28)  officers appointed by the inspector general of
  the Texas Department of Criminal Justice under Section 493.019,
  Government Code;
               (29)  investigators commissioned by the Texas
  Commission on Law Enforcement under Section 1701.160, Occupations
  Code;
               (30)  commission investigators commissioned by the
  Texas Private Security Board under Section 1702.061, Occupations
  Code;
               (31)  the fire marshal and any officers, inspectors, or
  investigators commissioned by an emergency services district under
  Chapter 775, Health and Safety Code;
               (32)  officers commissioned by the State Board of
  Dental Examiners under Section 254.013, Occupations Code, subject
  to the limitations imposed by that section; and
               (33)  [investigators commissioned by the Texas
  Juvenile Justice Department as officers under Section 221.011,
  Human Resources Code; and
               [(34)]  the fire marshal and any related officers,
  inspectors, or investigators commissioned by a county under
  Subchapter B, Chapter 352, Local Government Code.
         SECTION 2.  Articles 18B.001(1) and (4), Code of Criminal
  Procedure, are amended to read as follows:
               (1)  "Authorized peace officer" means:
                     (A)  a sheriff or deputy sheriff;
                     (B)  a constable or deputy constable;
                     (C)  a marshal or police officer of a
  municipality;
                     (D)  a ranger or officer commissioned by the
  Public Safety Commission or the director of the department;
                     (E)  an investigator of a prosecutor's office;
                     (F)  a law enforcement agent of the Texas
  Alcoholic Beverage Commission;
                     (G)  a law enforcement officer commissioned by the
  Parks and Wildlife Commission;
                     (H)  an enforcement officer appointed by the
  inspector general of the Texas Department of Criminal Justice under
  Section 493.019, Government Code;
                     (I)  a law enforcement officer commissioned by the
  inspector general of the Texas Juvenile Justice Department;
                     (J)  an investigator commissioned by the attorney
  general under Section 402.009, Government Code; or
                     (K) [(J)]  a member of an arson investigating unit
  commissioned by a municipality, a county, or the state.
               (4)  "Designated law enforcement office or agency"
  means:
                     (A)  the sheriff's department of a county with a
  population of 3.3 million or more;
                     (B)  a police department in a municipality with a
  population of 200,000 or more; [or]
                     (C)  the office of inspector general of the Texas
  Department of Criminal Justice; or
                     (D)  the office of inspector general of the Texas
  Juvenile Justice Department.
         SECTION 3.  Article 18B.252(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  If the director of the department or the director's
  designee approves the policy submitted under Article 18B.251, the
  inspector general of the Texas Department of Criminal Justice or
  the inspector general's designee, the inspector general of the
  Texas Juvenile Justice Department or the inspector general's
  designee, or the sheriff or chief of a designated law enforcement
  agency or the sheriff's or chief's designee, as applicable, shall
  submit to the director a written list of all peace officers in the
  designated law enforcement office or agency who are authorized to
  possess, install, operate, or monitor pen registers, ESN readers,
  or similar equipment.
         SECTION 4.  Article 18B.302(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  The inspector general of the Texas Department of
  Criminal Justice, the inspector general of the Texas Juvenile
  Justice Department or the inspector general's designee, or the
  sheriff or chief of a designated law enforcement agency, as
  applicable, shall submit to the director of the department a
  written report of expenditures made by the designated law
  enforcement office or agency to purchase and maintain a pen
  register, ESN reader, or similar equipment authorized under this
  chapter.
         SECTION 5.  Article 18B.451, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18B.451.  SUBPOENA AUTHORITY. The director of the
  department or the director's designee, the inspector general of the
  Texas Department of Criminal Justice or the inspector general's
  designee, the inspector general of the Texas Juvenile Justice
  Department or the inspector general's designee, or the sheriff or
  chief of a designated law enforcement agency or the sheriff's or
  chief's designee may issue an administrative subpoena to a
  communication common carrier or a provider of an electronic
  communications service to compel the production of any carrier's or
  service provider's business records that:
               (1)  disclose information about:
                     (A)  the carrier's or service provider's
  customers; or
                     (B)  users of the services offered by the carrier
  or service provider; and
               (2)  are material to a criminal investigation.
         SECTION 6.  Article 18B.452, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18B.452.  REPORT OF ISSUANCE OF SUBPOENA. Not later
  than the 30th day after the date on which an administrative subpoena
  is issued under Article 18B.451, the inspector general of the Texas
  Department of Criminal Justice, the inspector general of the Texas
  Juvenile Justice Department or the inspector general's designee, or
  the sheriff or chief of a designated law enforcement agency, as
  applicable, shall report to the department the issuance of the
  subpoena.  
         SECTION 7.  Section 659.301(5), Government Code, is amended
  to read as follows:
               (5)  "State employee" means an individual who:
                     (A)  is a commissioned law enforcement officer of
  the Department of Public Safety, the Texas Facilities Commission,
  the Texas Alcoholic Beverage Commission, the Texas Department of
  Criminal Justice, the office of inspector general of the Texas
  Juvenile Justice Department, the attorney general, or the insurance
  fraud unit of the Texas Department of Insurance;
                     (B)  is a commissioned security officer of the
  comptroller;
                     (C)  is a law enforcement officer commissioned by
  the Parks and Wildlife Commission;
                     (D)  is a commissioned peace officer of an
  institution of higher education;
                     (E)  is an employee or official of the Board of
  Pardons and Paroles or the parole division of the Texas Department
  of Criminal Justice if the employee or official has routine direct
  contact with inmates of any penal or correctional institution or
  with administratively released prisoners subject to the board's
  jurisdiction;
                     (F)  has been certified to the Employees
  Retirement System of Texas under Section 815.505 as having begun
  employment as a law enforcement officer or custodial officer,
  unless the individual has been certified to the system as having
  ceased employment as a law enforcement officer or custodial
  officer;
                     (G)  before May 29, 1987, received hazardous duty
  pay based on the terms of any state law if the individual holds a
  position designated under that law as eligible for the pay; or
                     (H)  is a security officer employed by the Texas
  Military Department.
         SECTION 8.  Section 661.918(a), Government Code, is amended
  to read as follows:
         (a)  This section applies to a peace officer under Article
  2.12, Code of Criminal Procedure, who is commissioned as a law
  enforcement officer or agent, including a ranger, by:
               (1)  the Public Safety Commission and the director of
  the Department of Public Safety;
               (2)  the Parks and Wildlife Commission;
               (3)  the Texas Alcoholic Beverage Commission;
               (4)  the attorney general; [or]
               (5)  the insurance fraud unit of the Texas Department
  of Insurance; or
               (6)  the office of inspector general of the Texas
  Juvenile Justice Department.
         SECTION 9.  Section 662.005(b), Government Code, is amended
  to read as follows:
         (b)  Except as provided by Section 662.010, and
  notwithstanding Section 659.015 or another law, a state employee
  who is a peace officer commissioned by a state officer or state
  agency listed under Article 2.12, Code of Criminal Procedure, or
  who is employed by the Department of Public Safety either to perform
  communications or dispatch services related to traffic law
  enforcement or as a public security officer, as that term is defined
  by Section 1701.001, Occupations Code, or who is employed by the
  Parks and Wildlife Department to perform communications and
  dispatch services to assist law enforcement officers commissioned
  by the Parks and Wildlife Commission in performing law enforcement
  duties, or who is employed by the office of inspector general of the
  Texas Juvenile Justice Department to perform communication service
  duties for the incident reporting center and to assist law
  enforcement officers commissioned by the office of inspector
  general for the Texas Juvenile Justice Department in performing
  investigative duties, or who is employed as a security officer
  providing security and entry searches for secure correctional
  facilities operated by the Texas Juvenile Justice Department, and
  who is required to work on a national or state holiday that falls on
  a Saturday or Sunday is entitled to compensatory time off at the
  rate of one hour for each hour worked on the holiday.
         SECTION 10.  Section 203.010, Human Resources Code, is
  amended to read as follows:
         Sec. 203.010.  COMPLAINTS. (a)  The office of inspector
  general of the department shall maintain a system to promptly and
  efficiently act on complaints received by the department by or on
  behalf of a juvenile relating to the programs, services, or
  facilities of the department or a local juvenile probation
  department.
         (b)  The office of inspector general [department] shall make
  information available describing its procedures for complaint
  investigation and resolution.
         (c)  Criminal complaints initially referred to the office of
  [the] inspector general relating to juvenile probation programs,
  services, or facilities shall be sent to the appropriate local law
  enforcement agency. The office of inspector general has concurrent
  jurisdiction on agreement with the local law enforcement agency to
  conduct a criminal investigation under Section 242.102. Any other
  complaint shall be referred to the appropriate division of the
  department. [The board by rule shall establish policies for the
  referral of noncriminal complaints.]
         (d)  The office of inspector general [department] shall
  provide immediate notice to a local juvenile probation department
  of a complaint received by the department relating to the programs,
  services, or facilities of the local juvenile probation department.
         (e)  The office of inspector general [department] shall
  periodically notify the complaint parties of the status of the
  complaint until final disposition, unless the notice would
  jeopardize an undercover investigation. If the complaint relates
  to a claim of abuse, neglect, or exploitation involving a local
  juvenile probation department, the office of inspector general
  [department] shall provide monthly updates on the status of the
  complaint and immediate updates regarding department decisions to
  the local juvenile probation department.
         (f)  The office of inspector general [department] shall keep
  information about each written complaint filed with the
  department.  The information must include:
               (1)  the subject matter of the complaint;
               (2)  the parties to the complaint;
               (3)  a summary of the results of the review or
  investigation of the complaint;
               (4)  the period of time between the date the complaint
  is received and the date the complaint is closed; and
               (5)  the disposition of the complaint.
         SECTION 11.  Section 203.014(c), Human Resources Code, is
  amended to read as follows:
         (c)  The office of inspector general shall operate the
  toll-free number required by Subsection (a) and the 24-hour
  incident reporting center and [department] shall share the
  complaints received with the appropriate department entity [on the
  toll-free number with the office of inspector general and the
  office of the independent ombudsman].
         SECTION 12.  Section 242.102, Human Resources Code, is
  amended by amending Subsections (a), (b), (c), (d), (g), and (h) and
  adding Subsections (a-1), (a-2), and (j) to read as follows:
         (a)  The office of inspector general is established at the
  department under the direction of the board as a law enforcement
  agency for the purpose of:
               (1)  preventing, detecting, and investigating:
                     (A)  crimes committed by department employees,
  including parole officers employed by or under a contract with the
  department; and
                     (B)  crimes and delinquent conduct committed at a
  facility operated by the department, a residential facility
  operated by another entity under a contract with the department, or
  any facility in which a child committed to the custody of the
  department is housed or receives medical or mental health
  treatment, including:
                           (i)  unauthorized or illegal entry into a
  department facility;
                           (ii)  the introduction of contraband into a
  department facility;
                           (iii)  escape from a secure facility; and
                           (iv)  organized criminal activity; [and]
               (2)  investigating complaints received under Section
  203.010 involving allegations of abuse, neglect, or exploitation of
  children in juvenile justice programs or facilities under Section
  261.405, Family Code;
               (3)  investigating complaints of abuse, neglect, or
  exploitation of:
                     (A)  pre-adjudicated or post-adjudicated
  juveniles housed in public or private secure or non-secure
  facilities regardless of licensing entity; and
                     (B)  juveniles committed to the department;
               (4)  apprehending juveniles after escape or violation
  of release conditions as described by Section 243.051;
               (5)  investigating gang-related activity within the
  juvenile justice system; and
               (6)  performing entry security and exterior perimeter
  security searches for a department-operated secure correctional
  facility, as defined by Section 51.02, Family Code.
         (a-1)  The office of inspector general has concurrent
  jurisdiction on agreement with the local law enforcement agency to
  conduct a criminal investigation under Subsection (a)(3).
         (a-2)  The office of inspector general shall operate the
  incident reporting center for the department under Section 203.014.
         (b)  The office of inspector general shall prepare and
  deliver an investigative [a] report concerning the results of
  investigations [any investigation] conducted under this section to
  the appropriate prosecutor or regulatory authority having
  jurisdiction, including:
               (1)  the department [board];
               (2)  the appropriate district or county attorney
  [executive director];
               (3)  [any applicable advisory board;
               [(4)  the governor;
               [(5)  the lieutenant governor;
               [(6)  the speaker of the house of representatives;
               [(7)  the standing committees of the senate and house
  of representatives with primary jurisdiction over matters
  concerning correctional facilities;
               [(8)]  the special prosecution unit;
               (4) [(9)]  the state auditor; and
               (5) [(10)]  any other appropriate state agency
  responsible for licensing or certifying department employees or
  facilities.
         (c)  The report prepared under Subsection (b) must include a
  summary of the actions performed by the office of inspector general
  in conducting the investigation, a statement of whether the
  investigation resulted in a finding that abuse, neglect, or
  exploitation, a criminal offense, or delinquent conduct occurred,
  and a description of the finding. The report is public information
  under Chapter 552, Government Code, only to the extent authorized
  under that chapter and other law.
         (d)  The office of inspector general may employ
  investigators, security officers, and commission inspectors
  general as peace officers for the purpose of carrying out the duties
  described by this section. An inspector general shall have all of
  the powers and duties given to peace officers under Article 2.13,
  Code of Criminal Procedure.
         (g)  The chief inspector general shall on a quarterly basis
  prepare and deliver a report concerning the operations of the
  office of inspector general to:
               (1)  the board;
               (2)  the executive director;
               (3)  any applicable advisory board;
               (4)  the governor;
               (5)  the lieutenant governor;
               (6)  the speaker of the house of representatives;
               (7)  the standing committees of the senate and house of
  representatives with primary jurisdiction over correctional
  facilities;
               (8)  the state auditor; [and]
               (9)  the comptroller; and
               (10)  the special prosecution unit.
         (h)  A report prepared under Subsection (g) is public
  information under Chapter 552, Government Code, to the extent
  authorized under that chapter and other law, and the department
  shall publish the report on the department's Internet website. A
  report must be both aggregated and disaggregated by individual
  facility and include information relating to:
               (1)  the types of investigations conducted by the
  office of inspector general, such as whether an investigation
  concerned narcotics or an alleged incident of sexual abuse;
               (2)  the relationship of a victim to a perpetrator, if
  applicable; [and]
               (3)  the number of investigations conducted concerning
  suicides, deaths, and hospitalizations of children in the custody
  of the department at secure facilities, on parole, or at other
  placement locations; and
               (4)  the final disposition of any complaint received
  under Section 203.010 related to juvenile probation departments and
  Section 261.405, Family Code, that concerns the abuse, neglect, or
  exploitation of a juvenile.
         (j)  The department shall ensure that a peace officer
  commissioned under Subsection (g) is compensated according to
  Schedule C of the position classification salary schedule
  prescribed by the General Appropriations Act.
         SECTION 13.  Sections 221.011, 221.055, and 243.052, Human
  Resources Code, are repealed.
         SECTION 14.  (a)  The classification officer in the office
  of the state auditor shall classify the position of commissioned
  peace officer employed by the office of inspector general of the
  Texas Juvenile Justice Department as a Schedule C position under
  the Texas Position Classification Plan.
         (b)  The change made by the classification officer as
  required by this section applies beginning with the state fiscal
  biennium beginning September 1, 2023.
         (c)  This section expires September 1, 2025.
         SECTION 15.  Section 661.918(a), Government Code, as amended
  by this Act, applies only to an injury that occurs on or after the
  effective date of this Act.
         SECTION 16.  This Act takes effect September 1, 2023.