GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION

CHAPTER 420A.  TEXAS CIVIL COMMITMENT OFFICE

Sec. 420A.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the governing board of the Texas Civil Commitment Office.
(2)  "Office" means the Texas Civil Commitment Office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 36, eff. June 17, 2015.

Sec. 420A.002.  OFFICE; GOVERNING BOARD.  (a)  The Texas Civil Commitment Office is a state agency.
(b)  The office is governed by a board composed of five members appointed by the governor, including:
(1)  one member experienced in the management of sex offenders;
(2)  one member experienced in the investigation or prosecution of sex offenses; and
(3)  one member experienced in counseling or advocating on behalf of victims of sexual assault.
(c)  Members of the board serve staggered six-year terms, with the terms of one or two members expiring on February 1 of each odd-numbered year.
(d)  A member of the board is entitled to travel expenses incurred in performing official duties and to a per diem equal to the maximum amount allowed on January 1 of that year for federal employees per diem for federal income tax purposes, subject to the same limitations provided for members of state boards and commissions in the General Appropriations Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 37, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 9, eff. September 1, 2017.

Sec. 420A.003.  PRESIDING OFFICER; MEETINGS.  (a)  The governor shall designate a member of the board as presiding officer.  The presiding officer serves at the discretion of the governor.
(a-1)  The presiding officer shall select a member of the board as an assistant presiding officer and may create board committees.
(b)  The board shall meet at least quarterly and at other times at the call of the presiding officer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 10, eff. September 1, 2017.

Sec. 420A.004.  SUNSET PROVISION.  The Texas Civil Commitment Office is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2027.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 38, eff. June 17, 2015.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.03, eff. June 10, 2019.

Sec. 420A.005.  GRANTS AND DONATIONS.  On behalf of the state, the office may apply for and accept grants and donations from any source to be used by the office in the performance of the duties of the office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.

Sec. 420A.006.  PUBLIC INTEREST INFORMATION.  The office shall prepare information of public interest describing the functions of the office and the procedures by which complaints are filed with and resolved by the office.  The office shall make the information available to the public and appropriate state agencies.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.

Sec. 420A.007.  BIENNIAL REPORT.  Not later than December 1 of each even-numbered year, the office shall submit to the governor, the lieutenant governor, and the speaker of the house of representatives a report concerning the operation of the office.  The office may include in the report any recommendations that the office considers appropriate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.

Sec. 420A.008.  STAFF.  The office may select and employ a general counsel, staff attorneys, a family liaison officer described by Section 420A.012, and other staff necessary to perform the office's functions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 13, eff. September 1, 2023.

Sec. 420A.009.  SALARY CAREER LADDER FOR CASE MANAGERS.  (a)  The board shall adopt a salary career ladder for case managers.  The salary career ladder must base a case manager's salary on the manager's classification and years of service with the office.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(1), eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(1), eff. September 1, 2017.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(1), eff. September 1, 2017.

Sec. 420A.010.  POWERS AND DUTIES.  The office shall perform appropriate functions related to the sex offender civil commitment program provided under Chapter 841, Health and Safety Code, including functions related to the provision of treatment and supervision to civilly committed sex offenders.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.

Sec. 420A.011.  ADMINISTRATIVE ATTACHMENT; SUPPORT.  (a)  The office is administratively attached to the Health and Human Services Commission.
(b)  The Health and Human Services Commission shall provide administrative support services, including human resources, budgetary, accounting, purchasing, payroll, information technology, and legal support services, to the office as necessary to carry out the purposes of this chapter.
(c)  The office, in accordance with the rules and procedures of the Legislative Budget Board, shall prepare, approve, and submit a legislative appropriations request that is separate from the legislative appropriations request for the Health and Human Services Commission and is used to develop the office's budget structure.  The office shall maintain the office's legislative appropriations request and budget structure separately from those of the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 11, eff. September 1, 2017.

Sec. 420A.012.  FAMILY LIAISON OFFICER.  (a) The office may designate an employee to serve as a family liaison officer.  The family liaison officer may, as the office determines appropriate:
(1)  facilitate the continuation and maintenance of ties between a civilly committed sex offender and the offender's family members who are supportive of the offender's participation in the treatment and supervision program; 
(2)  notify an offender regarding emergencies concerning the offender's family and provide the offender with other necessary information related to the offender's family; and 
(3)  assist in resolving problems that may affect permitted contact with an offender.
(b)  Before each required quarterly meeting of the board, a family liaison officer designated under this section may provide an update to the board regarding the officer's activities. 
(c)  This section does not:
(1)  require the office to designate a family liaison officer; or
(2)  guarantee to a civilly committed sex offender or family member of an offender any additional right or privilege that is not already required by state or federal law. 
(d)  In implementing this section, the office may adopt any policy or impose any limitation the office considers necessary.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 14, eff. September 1, 2023.

Sec. 420A.013.  FAMILY UNITY AND PARTICIPATION.  (a)  The office may adopt and implement policies that encourage family unity during a civilly committed sex offender's commitment. In adopting the policies, the office may consider the impact of a telephone, mail, and in-person visitation policy on a family member's ability to provide support to the offender through ongoing, appropriate contact with the offender while the offender participates in the treatment and supervision program.
(b)  This section does not guarantee to a civilly committed sex offender or family member of an offender any additional right or privilege that is not already required by state or federal law.
(c)  In implementing this section, the office may adopt any policy or impose any limitation the office considers necessary.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 14, eff. September 1, 2023.