HBA-SEB S.B. 447 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 447 By: Ogden Corrections 5/7/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Youth Commission (TYC) does not impose an educational requirement on a child committed to TYC as a condition of release. S.B. 447 provides a mandatory educational skill level for a child committed to TYC. This bill prohibits TYC from releasing a child who has not either attained the educational skill level of a child the same age or received a high school diploma or its equivalent. This bill also provides for waivers of the mandatory educational skill requirement if a child lacks the learning ability to attain the skill level or if TYC lacks the resources to implement the requirement. 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 Subchapter F, Chapter 61, Human Resources Code, by adding Section 61.085, as follows: Sec. 61.085. EDUCATIONAL SKILL LEVEL. (a) Requires the Texas Youth Commission (TYC), before releasing a child under supervision, to determine if the child has reached a certain mandatory level of education. Requires TYC to determine if the child has reached an educational skill level equal to or greater than the average skill level of a child the same age or if the child has reached the educational level of a high school diploma or graduate equivalency diploma. (b) Prohibits TYC from releasing a child under supervision if TYC determines that the child has not reached the mandatory educational skill level, except as provided by Subsection (e). (c) Authorizes TYC to waive the education requirement for a child if TYC determines that the child lacks the intellectual capacity or learning ability to ever achieve the appropriate mandatory educational skill level. (d) Authorizes TYC to waive the education requirement in whole or in part if TYC determines that the resources of TYC are insufficient to implement this section. (e) Authorizes TYC to release under supervision a child who TYC has determined has not reached the mandatory educational skill level if TYC requires as a condition of the release that the child attain that level and if TYC waives the requirement in whole or in part under Subsection (d). SECTION 2. Requires TYC to make the determination to waive the mandatory skill level requirement due to insufficient resources by December 1, 2000, and to submit a report by December 1, 2000, to the governor, the Legislative Budget, and the Criminal Justice Policy Council stating the number of children affected by the waiver and the resources that would be required for full implementation of the mandatory educational skill level requirement. SECTION 3.Effective date: September 1, 1999. Provides that this Act applies to any child released under supervision by TYC on or after that date, regardless of whether the child is committed before, on, or after that date. SECTION 4.Emergency clause.