84R15261 T
	By: Miles	H.B. No. 3303

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the Office of the Independent Oversight
	Ombudsman for the Texas Department of Criminal Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 512, Government Code, is added to read as
	follows:
	CHAPTER 512. OFFICE OF THE INDEPENDENT OVERSIGHT OMBUDSMAN OF THE
	TEXAS DEPARTMENT OF CRIMINAL JUSTICE
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 512.001.  DEFINITIONS. In this chapter:
	(1)  "Department" means the Texas Department of
	Criminal Justice.
	(2)  "Independent Oversight Ombudsman" means the
	individual who has been appointed under this chapter to the office
	of the independent oversight ombudsman.
	(3)  "Office" means the office of the independent
	oversight ombudsman created under this chapter.
	Sec. 512.002.  ESTABLISHMENT; PURPOSE. The office of the
	independent oversight ombudsman is a state agency established for
	the purpose of investigating, evaluating, and securing the rights
	of the individuals in department's custody, including an adult
	released under supervision before final discharge. The office will
	also be responsible for in-depth review and analysis of data,
	determination of long-range-needs, identification of critical
	issues and corresponding solutions, and assessment of the efficacy
	of existing programs.
	Sec. 512.003.  INDEPENDENCE. (a)  The independent
	oversight ombudsman in the performance of its duties and powers
	under this chapter acts independently of the department.
	(b)  Funding for the independent oversight ombudsman is
	appropriated separately from funding for the department.
	[Sections 512.004-512.050 reserved for expansion]
	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
	Sec. 512.051.  APPOINTMENT OF INDEPENDENT OVERSIGHT
	OMBUDSMAN. (a)  The governor shall appoint the independent
	oversight ombudsman with the advice and consent of the senate for a
	term of two years, expiring February 1 of odd-numbered years.
	(b)  A person appointed as independent oversight ombudsman
	is eligible for reappointment but may serve more than three terms in
	that capacity.
	(c)  The governor shall appoint the independent oversight
	ombudsman with the advice and consent of the senate for each of the
	independent oversight ombudsman's subsequent terms of office.
	Sec. 512.052.  ASSISTANTS. The independent oversight
	ombudsman may hire assistants to perform, under the direction of
	the independent oversight ombudsman, the same duties and exercise
	the same powers as the independent oversight ombudsman.
	Sec. 512.053.  CONFLICT OF INTEREST. (a)  A person may not
	serve as independent oversight ombudsman or as an assistant to the
	independent oversight ombudsman if the person or the person's
	spouse:
	(1)  is employed by or participates in the management
	of a business entity or other organization receiving funds from the
	department;
	(2)  owns or controls, directly or indirectly, any
	interest in a business entity or other organization receiving funds
	from the department; or
	(3)  uses or receives any amount of tangible goods,
	services, or funds from the department.
	(b)  A person may not serve as independent oversight
	ombudsman or as an assistant to the independent ombudsman if the
	person or the person's spouse is required to register as a lobbyist
	under Chapter 305, Government Code, because of the person's
	activities for compensation on behalf of a profession related to
	the operation of the department.
	(c)  A person may not serve as independent oversight
	ombudsman or as an assistant to the independent oversight ombudsman
	if the person or the person's spouse is an officer, employee,
	manager, or paid consultant of a Texas trade association in the
	field of criminal or juvenile justice.
	(d)  For the purposes of this section, a Texas trade
	association is a nonprofit, cooperative, and voluntarily joined
	association of business or professional competitors in this state
	designed to assist its members and its industry or profession in
	dealing with mutual business or professional problems and in
	promoting their common interest.
	Sec. 512.054.  REPORT. (a)  The independent oversight
	ombudsman shall submit on a quarterly basis to the governor, the
	lieutenant governor, the state auditor, and each member of the
	legislature a report that is both aggregated and disaggregated by
	individual facility and describes:
	(1)  the work of the independent oversight ombudsman;
	(2)  the results of any review or investigation
	undertaken by the independent oversight ombudsman, including
	reviews or investigation of services contracted by the department;
	and
	(3)  any recommendations that the independent
	oversight ombudsman has in relation to the duties of the
	independent oversight ombudsman.
	(b)  The independent oversight ombudsman shall immediately
	report to the governor, the lieutenant governor, the speaker of the
	house of representatives, the state auditor, and the office of the
	inspector general of the commission any particularly serious or
	flagrant:
	(1)  case of abuse or injury of individual in the
	department's custody or supervision;
	(2)  problem concerning the administration of a
	department program or operation;
	(3)  problem concerning the delivery of services in a
	facility operated by or under contract with the department; or
	(4)  interference by the department with an
	investigation conducted by the office.
	Sec. 512.055.  COMMUNICATION AND CONFIDENTIALITY. (a)  The
	department shall allow any individual in the department's custody
	or supervision to communicate with the independent oversight
	ombudsman or an assistant to the oversight ombudsman. The
	communication:
	(1)  may be in person, by mail, or by any other means;
	and
	(2)  is confidential and privileged.
	(b)  The records of the independent oversight ombudsman are
	confidential, except that the independent oversight ombudsman
	shall:
	(1)  share with the office of inspector general of the
	department a communication with an individual that may involve
	abuse or neglect; and
	(2)  disclose its nonprivileged records if required by
	a court order on a showing of good cause.
	(c)  The independent oversight ombudsman may make reports
	relating to an investigation public after the investigation is
	complete but only if the names of all individuals, family members,
	and employees are redacted from the report and remain confidential.
	(d)  The name, address, or other personally identifiable
	information of a person who files a complaint with the office of
	independent oversight ombudsman, information generated by the
	office of independent oversight ombudsman in the course of an
	investigation, and confidential records obtained by the office of
	independent oversight ombudsman are confidential and not subject to
	disclosure under Chapter 552, Government Code, except that the
	information and records, other than confidential information and
	records concerning a pending law enforcement investigation or
	criminal action, may be disclosed to the appropriate person if the
	office determines that disclosure is:
	(1)  in the general public interest;
	(2)  necessary to enable the office to perform the
	responsibilities provided under this section; or
	(3)  necessary to identify, prevent, or treat physical
	or sexual assault or neglect of anyone in the department's custody
	or supervision.
	Sec. 512.056.  PROMOTION OF AWARENESS OF OFFICE. The
	independent oversight ombudsman shall promote awareness among the
	public and individuals in the department's custody or supervision
	of:
	(1)  how the office may be contacted;
	(2)  the purpose of the office; and
	(3)  the services the office provides.
	Sec. 512.057.  RULEMAKING AUTHORITY. The office by rule
	shall establish policies and procedures for the operations of the
	office of independent oversight ombudsman.
	Sec. 512.058.  AUTHORITY OF STATE AUDITOR. The office is
	subject to audit by the state auditor in accordance with Chapter
	321, Government Code.
	[Sections 512.060-512.100 reserved for expansion]
	SUBCHAPTER C. DUTIES AND POWERS
	Sec. 512.101.  DUTIES AND POWERS. (a)  The independent
	oversight ombudsman shall:
	(1)  review the procedures established by the
	department and evaluate the delivery of services to individuals in
	the department's custody or supervision to ensure that the rights
	of individuals are fully observed;
	(2)  review complaints filed with the independent
	oversight ombudsman concerning the actions of the department and
	investigate each complaint in which it appears that an individual
	may be in need of assistance from the independent oversight
	ombudsman;
	(3)  conduct investigations of complaints, other than
	complaints alleging criminal behavior, if the office determines
	that:
	(A)  an individual in the department's custody or
	supervision or the individual's family may be in need of assistance
	from the office; or
	(B)  a systemic issue in the department's
	provision of services is raised by a complaint;
	(4)  review or inspect periodically the facilities and
	procedures of any institution or residence in which an individual
	has been placed by the department, whether public or private, to
	ensure that the rights of those in custody or supervision are fully
	observed;
	(5)  provide assistance to an individual or family
	member who the independent oversight ombudsman determines is in
	need of assistance, including advocating with an agency, provider,
	or other person in the best interests of the individual in custody
	or supervision;
	(6)  review court orders as necessary to fulfill its
	duties;
	(7)  recommend changes in any procedure relating to the
	treatment of individuals in the department's custody or
	supervision;
	(8)  make appropriate referrals under any of the duties
	and powers listed in this subsection; and
	(9)  supervise assistants who are serving as advocates
	in their representation of individual's in the department's custody
	or supervision in internal administrative and disciplinary
	hearings.
	(b)  The independent oversight ombudsman may apprise persons
	who are interested in a individual's welfare of the rights of the
	individual.
	(c)  To assess if an individual's rights have been violated,
	the independent oversight ombudsman may, in any matter that does
	not involve alleged criminal behavior, contact or consult with an
	administrator, employee, family member, expert, another individual
	in the department's custody or supervision, or any other individual
	in the course of its investigation or to secure information.
	(d)  Notwithstanding any other provision of this chapter,
	the independent oversight ombudsman may not investigate alleged
	criminal behavior.
	Sec.512.102.  TREATMENT OF DEPARTMENT EMPLOYEES WHO
	COOPERATE WITH INDEPENDENT OVERSIGHT OMBUDSMAN. The department may
	not discharge or in any manner discriminate or retaliate against an
	employee who in good faith makes a complaint to the office of
	independent oversight ombudsman or cooperates with the office in an
	investigation.
	Sec. 512.103.  TRAINING. The independent oversight
	ombudsman shall attend annual sessions, including the training for
	correctional officers, and may participate in other appropriate
	professional training.
	[Sections 512.104-512.150 reserved for expansion]
	SUBCHAPTER D. ACCESS TO INFORMATION
	Sec. 512.151.  ACCESS TO INFORMATION OF GOVERNMENTAL
	ENTITIES. (a)  The department shall allow the independent
	oversight ombudsman access to its records relating to the
	individuals in the department's custody or supervision.
	(b)  The Department of Public Safety and any local law
	enforcement agency shall allow the independent oversight ombudsman
	access to its records relating to any individual in the
	department's custody or supervision.
	Sec. 512.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.
	The independent oversight ombudsman shall have access to the
	records of a private entity that relate to an individual in the
	department's custody or supervision.
	Section 2.  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, 2015.