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Texas Occupations Code - Chapter 110 Council On Sex Offender TreatmentLegal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Chapter 110 Council On Sex Offender Treatment In this chapter: (1) "Board" means the Texas Board of Health. (2) "Council" means the Council on Sex Offender Treatment. (3) "Department" means the Texas ... (a) The council is within the department. (b) The council consists of seven part-time members, appointed by the governor with the advice and consent of ... A person is not eligible for appointment as a public member if: (1) the person meets the requirements for a license as a sex offender ... (a) In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to ... Members of the council serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year. Added by ... The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the pleasure of ... (a) It is a ground for removal from the council that a member: (1) does not have at the time of appointment the qualifications required ... (a) The council shall meet at least four times each year. (b) The council may hold additional meetings at the call of the presiding officer ... (a) A council member may not receive compensation for performing the duties of the council. (b) A council member is entitled to reimbursement for travel ... (a) To be eligible to take office as a member of the council, a person appointed to the council must complete at least one course ... The commissioner of public health shall employ an executive director, chosen with the advice and consent of the council, who is the executive head of ... The executive director shall employ staff necessary to administer the council's duties. Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept. 1, ... The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the executive director and ... The executive director or the executive director's designee shall provide, as often as necessary, to council members and employees information regarding their: (1) qualifications for ... The council shall: (1) develop treatment strategies for sex offenders by evaluating in-state and out-of-state programs for sex offender treatment; (2) set standards for treatment ... The council shall: (1) maintain a list of sex offender treatment providers under Section 110.161; and (2) develop and implement by rule under Subchapter G: ... The council shall collect and disseminate information about available sex offender treatment programs to: (1) judicial officers; (2) community supervision or parole workers; (3) appropriate ... The council shall distribute money appropriated to the council by the legislature for that purpose to political subdivisions, private organizations, or other persons to be ... The council shall advise and assist agencies in coordinating procedures to provide treatment services. The treatment services may include community-based programs. Added by Acts 2003, ... (a) The council shall establish a uniform method of obtaining adjudication information. The uniform method must require that: (1) a complete set of fingerprints, the ... The council shall design and conduct continuing education programs for sex offender treatment providers. Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. ... The council may adopt rules consistent with this chapter. In adopting rules, the council shall: (1) consider the rules and procedures of the board and ... (a) The council shall: (1) charge and collect reasonable fees in amounts necessary to cover the costs of administering this chapter; and (2) send all ... (a) The council shall file biennially a report with the governor, lieutenant governor, and speaker of the house of representatives about the activities of the ... (a) The council shall prepare annually a list of sex offender treatment providers. (b) The council by rule shall establish procedures for developing and distributing ... The council and the staff and consultants employed by the council shall keep confidential any record relating to the identity, examination, diagnosis, prognosis, or treatment ... The council may apply for and accept on behalf of the state a grant or donation from any source to be used by the council ... The interagency advisory committee shall advise the council on administering the council's duties under this chapter. Added by Acts 2003, 78th Leg., ch. 1276, § ... (a) The executive head of each of the following agencies or that person's designated representative shall serve as a member of the interagency advisory committee: ... The interagency advisory committee shall meet at the call of its presiding officer or at the request of the council. Added by Acts 2003, 78th ... Each state agency or division of an agency represented on the interagency advisory committee shall cooperate with the council at the request of the council. ... (a) The council shall prepare information of public interest describing the functions of the council and the procedures by which complaints are filed with and ... (a) The council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to speak on ... The council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the ... (a) The council shall keep an information file about each written complaint filed with the council that the council has authority to resolve. The information ... (a) In an investigation of a complaint filed with the council, the council may request that the commissioner of public health or the commissioner's designee ... (a) Except as provided by Subsection (b), all information and materials subpoenaed or compiled by the council in connection with a complaint and investigation are ... (a) A person may not provide a rehabilitation service or act as a sex offender treatment provider unless the person is licensed under this chapter. ... (a) The council by rule shall develop procedures and eligibility and other requirements for issuance of a license under this chapter, including, if appropriate, requirements ... The council may waive any prerequisite to a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid ... The council may receive from a law enforcement agency information about the conviction or deferred adjudication of a person who has applied for a license ... (a) The council by rule may adopt a system under which licenses expire on various dates during the year. (b) For the year in which ... A person whose license has expired may not engage in activities that require a license until the license is renewed. Added by Acts 2003, 78th ... (a) Not later than the 30th day before the expiration date of a person's license, the council shall send written notice of the license expiration ... A person whose license has been expired for one year or longer may renew the license without complying with the requirements of Section 110.307(d) by ... The council may deny an application for a license if: (1) the council determines that a previous criminal conviction or deferred adjudication indicates the applicant ... The council shall revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a person ... If the suspension of a person's license is probated, the council may require the person to: (1) report regularly to the council on matters that ... (a) If the council proposes to revoke, suspend, or refuse to renew a person's license, the person is entitled to a hearing conducted by the ... (a) The council or a three-member committee of council members designated by the council shall temporarily suspend the license of a person licensed under this ... (a) A person commits an offense if the person violates Section 110.301. (b) An offense under this section is a Class A misdemeanor. Added by ... (a) A person commits an offense if the person releases or discloses in violation of Section 110.156 adjudication information received by the council. (b) An ... The council may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under ... (a) The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation. Each day a violation continues ... (a) If the executive director determines that a violation occurred, the executive director may issue to the council a report stating: (1) the facts on ... (a) Within 20 days after the date the person receives the notice, the person in writing may: (1) accept the determination and recommended administrative penalty ... (a) If the person requests a hearing, the executive director shall set a hearing and give written notice of the hearing to the person. (b) ... (a) Based on the findings of fact, conclusions of law, and proposal for decision, the council by order may determine that: (1) a violation occurred ... (a) Within 30 days after the date the council's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file a petition ... (a) If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) ... (a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order ... (a) If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the ... A proceeding under this subchapter is a contested case under Chapter 2001, Government Code. Added by Acts 2005, 79th Leg., ch. 728, § 15.004(d), eff. ... Text of section effective until September 1, 2007 (a) This section applies only to adult sex offenders who are treated in a county with ... Text of section effective until December 1, 2009 (a) Not later than November 1, 2006, the council shall report to the criminal justice division ... Text of section effective until December 1, 2009 This subchapter expires December 1, 2009. Added by Acts 2005, 79th Leg., ch. 1089, § 29, ... Last modified: August 10, 2007 |