By: Talarico H.B. No. 4356       A BILL TO BE ENTITLED   AN ACT   relating to the dissolution of the Texas Juvenile Justice   Department and the creation of the Office of Youth Safety and   Rehabilitation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subtitle A, Title 12, Human   Resources Code, is amended to read as follows:   SUBTITLE A. OFFICE OF YOUTH SAFETY AND REHABILITATION [TEXAS   JUVENILE JUSTICE BOARD AND TEXAS JUVENILE JUSTICE DEPARTMENT]          SECTION 2.  Subtitle A, Title 12, Human Resources Code, is   amended by adding Chapter 201A to read as follows:   CHAPTER 201A. OFFICE OF YOUTH SAFETY AND REHABILITATION          Sec. 201A.001.  DEFINITIONS. (a)  In this chapter:                (1)  "Board" means the Board of Youth Safety and   Rehabilitation.                (2)  "Child" means an individual:                      (A)  10 years of age or older and younger than 18   years of age who is under the jurisdiction of a juvenile court; or                      (B)  10 years of age or older and younger than 19   years of age who is committed to the custody of the office under   Title 3, Family Code.                (3)  "Office" means the Office of Youth Safety and   Rehabilitation.          (b)  A reference in other law to the Texas Juvenile Justice   Department means the office.          Sec. 201A.002.  OFFICE OF YOUTH SAFETY AND REHABILITATION.   The executive commissioner of the Health and Human Services   Commission shall maintain an Office of Youth Safety and   Rehabilitation within the commission with the goal of:                (1)  promoting trauma-responsive and culturally   informed services for children engaging in delinquent conduct in a   manner that supports the child's successful transition to   adulthood; and                (2)  ensuring children become responsible, thriving,   and engaged members of their communities.          Sec. 201A.003.  RESPONSIBILITIES OF OFFICE. The office is   responsible for:                (1)  managing and allocating recouped funding to   community-based service providers;                (2)  providing technical assistance to develop and   expand local diversion opportunities to meet the various needs of   children who have engaged in delinquent conduct, including sex   offender, substance abuse, mental health treatment, and in-school   diversion and prevention programs;                (3)  acting as a financial and administrative   intermediary entity between state and local organizations and   county agencies to distribute state and other grants and resources;   and                (4)  overseeing the use of the funding described by   Subdivision (3) throughout this state to assist in the development   of infrastructure for local programs focusing on children.          Sec. 201A.004.  ANNUAL REPORT REQUIRED. The office shall   annually submit a report to the governor and each member of the   legislature.  The report must:                (1)  describe outcomes achieved by the office in the   preceding year;                (2)  detail the work completed by the office in the   preceding year, including any new services or programs offered by   the office;                (3)  evaluate the efficacy of current programs offered   locally to children;                (4)  identify and recommend policies for improved   outcomes and integrated programs and services to best support   children outside of detention facilities; and                (5)  identify and disseminate best practices to help   inform restorative practices, including education, diversion,   reentry, religious, and victim services.          Sec. 201A.005.  BOARD; FUNDING PRIORITIES.  (a)  The board is   the governing body of the office and is responsible for the   operations of the office.          (b)  The board shall develop and implement policies that   clearly separate the policymaking responsibilities of the board and   the management responsibilities of the presiding officer and the   staff of the office.          (c)  The board shall establish funding priorities for   services that support the goals of the office and that do not   provide incentives to detain children.          Sec. 201A.006.  COMPOSITION OF BOARD; PRESIDING OFFICER.     (a) The board is composed of the following 19 members or their   designees:                (1)  the executive commissioner of the Health and Human   Services Commission;                (2)  the chief officer of the Medicaid and CHIP   services department of the Health and Human Services Commission;                (3)  the deputy executive commissioner of the   Intellectual and Developmental Disability and Behavioral Health   Services Department;                (4)  the director of the Early Childhood Education   Division at the Texas Education Agency;                (5)  the following members appointed by the governor:                      (A)  a member of the judiciary;                      (B)  an attorney with experience in defending   civil rights cases;                      (C)  a member of the Texas Judicial Commission on   Mental Health;                      (D)  a faculty member from the medical school at   The University of Texas Health Science Center at San Antonio;                      (E)  a licensed trauma-informed youth counselor;                      (F)  an education advocate;                      (G)  two culturally responsive juvenile justice   advocates;                      (H)  a culturally responsive youth mental health   advocate;                      (I)  a harm reduction advocate; and                      (J)  a representative of the Texas Correctional   Office on Offenders with Medical or Mental Impairments; and                (6)  the following members appointed by the governor   from recommendations made by the presiding officer:                      (A)  a child welfare advocate;                      (B)  two youth advocates; and                      (C)  two individuals formerly committed to a   juvenile detention facility who can serve as a credible messenger   for detained youth.          (b)  Board members serve staggered six-year terms, with the   terms of six or seven members expiring on February 1 of each   odd-numbered year.          (c)  The governor shall designate a member of the board as   the presiding officer to serve in that capacity at the pleasure of   the governor.          Sec. 201A.006.  PLAN. (a)  The office shall develop and   adopt a plan to improve the juvenile justice system under the   authority of the office.          (b)  The plan must include a detailed list of procedures and   strategies to:                (1)  not later than September 1, 2026:                      (A)  end commitments of children to any of the   five secure juvenile detention facilities operated by the Texas   Juvenile Justice Department;                      (B)  significantly reduce the population of   children currently committed to each of the five secure juvenile   detention facilities operated by the Texas Juvenile Justice   Department;                      (C)  establish infrastructure in each county in   this state to provide alternative services related to delinquency   prevention and intervention, including alternative evidence-based   safe, local, supportive placements for children who cannot stay at   home;                      (D)  establish secure placement options for   children in cases where the court finds that the offender presents a   serious security risk of harm to self or others;                      (E)  increase local, evidence-based delinquency   responses and interventions in communities and schools; and                      (F)  end racial and disability disparities for   children in the juvenile justice system; and                (2)  not later than September 1, 2030, complete a   staggered closure of the five secure juvenile detention facilities   operated by the Texas Juvenile Justice Department.          (c)  In developing the plan, the office shall consult with   experts and interested parties, including juvenile probation   departments.          (d)  Not later than January 1, 2025, the office shall submit   a copy of the plan to the governor, the lieutenant governor, the   speaker of the house of representatives, and each member of the   legislature.          (e)  This section expires September 1, 2030.          Sec. 201A.007.  SUNSET PROVISION. The office is subject to   Chapter 325, Government Code (Texas Sunset Act).  Unless continued   in existence as provided by that chapter, the board and office are   abolished September 1, 2030.          SECTION 3.  (a)  Chapters 201, 202, and 203, Human Resources   Code, are repealed.          SECTION 4.  (a) The Texas Juvenile Justice Department is   abolished but continues in existence until September 1, 2030, for   the sole purpose of transferring obligations, property, rights,   powers, grants, and duties to the Office of Youth Safety and   Rehabilitation. The Office of Youth Safety and Rehabilitation   assumes any remaining obligations, property, rights, powers, and   duties of the Texas Juvenile Justice Department as they exist   immediately before September 1, 2030.  All unexpended funds under   the management of the Texas Juvenile Justice Board of the Texas   Juvenile Justice Department as provided by Chapter 203, Human   Resources Code, as that chapter existed immediately before the   effective date of this Act, are transferred to the Office of Youth   Safety and Rehabilitation for the purpose of administering duties   under Chapter 201A, Human Resources Code, as added by this Act.          (b)  The Texas Juvenile Justice Department and the Office of   Youth Safety and Rehabilitation shall, in consultation with   appropriate state entities, ensure that the transfer of the   obligations, property, rights, powers, and duties of the Texas   Juvenile Justice Department to the Office of Youth Safety and   Rehabilitation is completed not later than September 1, 2030.          (c)  All rules of the Texas Juvenile Justice Department are   continued in effect as rules of the Office of Youth Safety and   Rehabilitation until superseded by a rule of the Office of Youth   Safety and Rehabilitation.  An authorization issued by the Texas   Juvenile Justice Department is continued in effect as provided by   the law in effect immediately before the effective date of this Act.     An authorization pending on the effective date of this Act is   continued without change in status after the effective date of this   Act.  A complaint, investigation, or other proceeding pending on   the effective date of this Act is continued without change in status   after the effective date of this Act.          (d)  Unless the context indicates otherwise, a reference to   the Texas Juvenile Justice Department in a law or administrative   rule means the Office of Youth Safety and Rehabilitation.          SECTION 5.  Not later than the 60th day after the effective   date of this Act, the governor shall appoint members to the Board of   Youth Safety and Rehabilitation in accordance with Section   201A.006, Human Resources Code, as added by this Act. In appointing   the initial members of the board under this section, the governor   shall designate six members for terms expiring February 1, 2025,   six members for terms expiring February 1, 2027, and seven members   for terms expiring February 1, 2029.          SECTION 6.  This Act takes effect September 1, 2023.