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.