HBA-SEB H.B. 774 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 774
By: Counts
Juvenile Justice & Family Issues
2/11/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, the juvenile board (board) of Mitchell, Nolan, and Fisher
counties is composed of at least seven, but not more than nine, members.
Legislation passed by the 74th Legislature to establish the board's current
composition mistakenly applied only to Mitchell County.  H.B. 774  includes
Fisher and Nolan counties in the board's composition.  
  
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 152.0821, Human Resources Code, by amending
Subsections (a), (b), and (c) and adding Subsections (f) and (g), as
follows: 

(a)  Provides that Fisher County is included in the Fisher, Mitchell, and
Nolan counties juvenile board (board).  Provides that the board is composed
of a county judge from any of the three counties elected by a majority vote
of the county judges from those counties, the 32nd Judicial District judge
or the judge of the county court at law in Nolan County who is selected by
agreement between those two judges, one person appointed by the Nolan
County Commissioners Court, the city manager of Sweetwater or another
person appointed by the Sweetwater City Commission subject to Subsection
(f), the superintendent of the Sweetwater Independent School District or
another person appointed by the board of trustees of that school district
subject to Subsection (g), one person appointed by the Mitchell County
Commissioners Court, one person appointed by the Fisher County
Commissioners Court, the county attorney of one of the three counties
selected by a majority vote of the county judges of those counties, and one
person selected by a majority vote of the county judges of the three
counties subject to confirmation by a vote of the commissioners courts of
each of those counties.  Makes conforming changes.  

(b)  Establishes that the chairman of the board is the county judge
appointed under Subsection (a).  Makes a conforming change.     

(c)  Provides that each member serves a two-year term.

(f)  Authorizes the board member appointed by the Sweetwater City
Commission under Subsection (a) to be appointed only if the City of
Sweetwater agrees to provide funds for the salaries of the personnel
assigned to Nolan County and other expenses the board chairman certifies as
necessary to provide adequate juvenile services to Nolan County as provided
by Section 152.1831(d) (regarding the funding of expenses for the personnel
of Nolan County deemed necessary to provide adequate juvenile services). 

(g)  Authorizes the board member appointed by the Sweetwater Independent
School District under Subsection (a) to be appointed only if that school
district agrees to provide funds for the salaries of the personnel assigned
to Nolan County and other expenses the board chairman certifies as
necessary to provide adequate juvenile services to Nolan County as provided
by Section 152.1831(d). 
 
SECTION 2.  Amends Section 152.1831, Human Resources Code, by amending
Subsections (a), (b), and (c) and adding Subsections (f) and (g) to include
Nolan County in the board.  Makes conforming changes. 

SECTION 3.  Effective date:  September 1, 1999.  Provides that the terms of
the members of the Juvenile Board of Fisher County and the Juvenile Board
of Nolan County who are serving immediately before the effective date of
this Act expire on that date.  Requires the members of each board to be
appointed in accordance with Sections 152.0821 and 152.1831, Human
Resources Code, as amended by this Act. 

SECTION 4.  Emergency clause.