By: Johnson of Harris H.B. No. 314       A BILL TO BE ENTITLED   AN ACT   relating to the functions of the Texas Juvenile Justice Department.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.011, Education Code, is amended by   adding Subsection (r) to read as follows:          (r)  The Texas Juvenile Justice Department shall ensure that   a program created subject to the approval of the department under   this section prioritizes reading at grade level and preparation for   the general education development test.          SECTION 2.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0121 to read as follows:          Sec. 37.0121.  JUVENILE JUSTICE ALTERNATIVE EDUCATION   PROGRAM ACCOUNTABILITY. The Texas Juvenile Justice Department   shall ensure that a juvenile justice alternative education program   is held accountable for student academic and behavioral success and   shall submit a performance assessment report to the Legislative   Budget Board and the governor on or before May 1 of each   even-numbered year. The report shall include:                (1)  an assessment of the degree to which each juvenile   justice alternative education program enhanced the academic   performance and behavioral improvement of attending students;                (2)  a detailed discussion on the use of standard   measures used to compare program formats and to identify those   juvenile justice alternative education programs most successful   with attending students;                (3)  student passage rates on the assessment   instruments administered under Section 39.023(a) in reading and   mathematics for students enrolled in the juvenile justice   alternative education program for a period of 90 days or more;                (4)  standardized cost reports from each juvenile   justice alternative education program and its contracting   independent school district to determine differing cost factors and   actual costs per each juvenile justice alternative education   program by school year;                (5)  average cost per student attendance day for   juvenile justice alternative education program students, including   an itemization of the costs of providing educational services   mandated in Section 37.011; and                (6)  a comprehensive five-year strategic plan for the   continuing evaluation of juvenile justice alternative education   programs, which must include oversight guidelines to improve:                      (A)  school district compliance with minimum   program and accountability standards;                      (B)  attendance reporting;                      (C)  the consistency of collection of costs and   program data;                      (D)  training; and                      (E)  technical assistance.          SECTION 3.  Section 203.012, Human Resources Code, is   amended to read as follows:          Sec. 203.012.  ANNUAL FINANCIAL REPORT. (a)  The department   shall prepare annually a complete and detailed written report   accounting for all funds received and disbursed by the department   during the preceding fiscal year. The annual report must meet the   reporting requirements applicable to financial reporting provided   in the General Appropriations Act.          (b)  The department shall maintain a specific accountability   system for tracking funds targeted at making a positive impact on   youth and shall implement a tracking and monitoring system so that   the use of all funds appropriated can be specifically identified   and reported to the Legislative Budget Board in the annual report to   be delivered not later than December 1 of each year.          (c)  The report must include detailed monitoring, tracking,   utilization, and effectiveness information on all funds   appropriated. The report shall include information on the impact of   any new initiatives and all programs tracked by the department and   specifically include information on:                (1)  prevention and intervention programs;                (2)  residential placements;                (3)  enhanced community-based services for serious and   chronic offenders, including sex offender treatment;                (4)  intensive supervision and specialized   supervision;                (5)  community-based services for misdemeanants no   longer eligible for commitment to the department; and                (6)  the commitment diversion initiatives.          (d)  The report shall include information on all training,   inspection, monitoring, investigation, and technical assistance   activities conducted using appropriated funds. Required elements   include training conferences held, practitioners trained,   facilities inspected, and investigations conducted.          (e)  The report must:                (1)  be accompanied by supporting documentation   detailing the sources and methodologies utilized to assess program   effectiveness and any other supporting material specified by the   Legislative Budget Board;                (2)  contain a certification by the person submitting   the report that the information provided is true and correct based   upon information and belief together with supporting   documentation; and                (3)  contain information on each program receiving   funds for prevention and intervention, including all outcome   measures reported by each program and information on how funds were   expended by each program.          (f)  The report must provide an assessment of the   effectiveness of specialized treatment, emphasizing the rearrest   rate of offenders receiving treatment.          (g)  In addition, the department shall report juvenile   probation population data as requested by the Legislative Budget   Board on a monthly basis for the most recent month available. The   department shall report to the Legislative Budget Board on all   populations specified by the Legislative Budget Board, including   additions, releases, and end-of-month populations. The department   shall submit end-of-fiscal-year data indicating each reporting   county to the Legislative Budget Board not later than two months   after the last day of each fiscal year. The department must use   Legislative Budget Board population projections for probation   supervision and state correctional populations when developing the   department's legislative appropriations requests.          (h)  On request of the Legislative Budget Board, the   department shall report expenditure data by strategy, by program,   or in any other format requested.          SECTION 4.  Chapter 203, Human Resources Code, is amended by   adding Sections 203.017 and 203.018 to read as follows:          Sec. 203.017.  DIVERSION PROGRAMS FUNDS; REPORT.  (a)  The   department shall distribute grant funds for the purpose of   providing programs for the diversion of youth from the department.          (b)  The department shall maintain a mechanism for tracking   youth served by the diversion programs to determine the long-term   success for diverting youth from state juvenile correctional   incarceration and the adult criminal justice system.          (c)  A report on the programs' results shall be included in   the report that is required under Section 203.012 to be submitted   to   the Legislative Budget Board on or before December 1 of each year.          Sec. 203.018.  EDUCATIONAL PERFORMANCE REPORT.  The   department shall submit a report containing statistical   information regarding the performance of students of the   department's educational programs on the Test of Adult Basic   Education to the Legislative Budget Board and the governor on or   before December 1 of each even-numbered year.          SECTION 5.  Section 221.005, Human Resources Code, is   amended by adding Subsection (c) to read as follows:          (c)  The department shall provide technical assistance on   program design and evaluation for programs operated by juvenile   probation departments, including:                (1)  providing in-depth consultative technical   assistance on program design, implementation, and evaluation to   local juvenile probation departments;                (2)  assisting juvenile probation departments in   developing logic models for all programs;                (3)  developing recommended performance measures by   program type;                (4)  facilitating partnerships with universities,   community colleges, or larger probation departments to assist   departments with statistical program evaluations where feasible;                (5)  following current research on juvenile justice   program design, implementation, and evaluation; and                (6)  disseminating best practices to juvenile   probation departments.          SECTION 6.  Section 242.004, Human Resources Code, is   amended by adding Subsections (d), (e), and (f) to read as follows:          (d)  The disciplinary and grievance procedures must be   substantially equivalent to the Texas Department of Criminal   Justice's employee disciplinary and grievance procedures.          (e)  The department's disciplinary procedures must allow an   employee of the department to be represented by a designee of the   employee's selection who may participate in the hearing on behalf   of an employee charged with any type of disciplinary violation.          (f)  The department's grievance procedures shall attempt to   solve problems through a process that recognizes the employee's   right to bring a grievance under the department's procedures. The   grievance procedures must include independent mediation or   independent, nonbinding arbitration of a dispute between the   employer and the employee if the disciplining authority recommends   that the employee be terminated or the employee is terminated.          SECTION 7.  Subchapter B, Chapter 242, Human Resources Code,   is amended by adding Section 242.0585 to read as follows:          Sec. 242.0585.  FEDERAL FUNDS FOR CERTAIN SERVICES. (a)  The   department shall certify to the Department of Family and Protective   Services that federal financial participation can be claimed for   Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.),   services provided to a child by a county.          (b)  The department shall direct necessary general revenue   funding to ensure that the amount of federal funds received under   Title IV-E is maximized for use by participating counties. The   department shall use the federal funds received for the purpose of   reimbursing counties for services provided to eligible children.          (c)  When reporting federal funds to the Legislative Budget   Board, the department must report funds expended in the fiscal year   that the funds are disbursed to counties, regardless of the year in   which the claim was made by the county, received by the department,   or certified by the department.          SECTION 8.  Section 244.009, Human Resources Code, is   amended by adding Subsection (c) to read as follows:          (c)  The department shall develop an approach to deliver   health care and psychiatric services at the best value possible.          SECTION 9.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.