SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 110.001 - Definitions
In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(1), eff. April 2, 2015. (2) "Council" means the Council on...
SUBCHAPTER B COUNCIL ON SEX OFFENDER TREATMENT
- Texas Section 110.002 - Application Of Chapter
(a) This chapter does not apply to a person licensed to practice in this state who provides adjunct therapy. (b) This chapter does not apply...
- Texas Section 110.051 - Council; Membership
(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...
- Texas Section 110.052 - Public Membership Eligibility
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...
- Texas Section 110.053 - Membership And Employee Restrictions
(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...
- Texas Section 110.054 - Terms
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...
- Texas Section 110.055 - Presiding Officer
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...
- Texas Section 110.056 - Grounds For Removal
(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...
- Texas Section 110.057 - Meetings
(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...
- Texas Section 110.058 - Compensation; Reimbursement
(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...
SUBCHAPTER C EXECUTIVE DIRECTOR AND STAFF
- Texas Section 110.059 - Training
(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...
- Texas Section 110.101 - Executive Director
The commissioner of state health services shall employ an executive director, chosen with the advice and consent of the council, who is the executive head...
- Texas Section 110.102 - Staff
The executive director shall employ staff necessary to administer the council's duties. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1,
- Texas Section 110.103 - Division Of Responsibilities
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...
SUBCHAPTER D COUNCIL POWERS AND DUTIES
- Texas Section 110.104 - Qualifications And Standards Of Conduct Information
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...
- Texas Section 110.151 - Treatment For Sex Offenders
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...
- Texas Section 110.152 - List And License Requirements
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:...
- Texas Section 110.153 - Collection And Dissemination Of Information
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...
- Texas Section 110.154 - Distribution Of Money
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...
- Texas Section 110.155 - Agency Assistance
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,...
- Texas Section 110.156 - Adjudication Information
(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...
- Texas Section 110.157 - Continuing Education Programs
The council shall design and conduct continuing education programs for sex offender treatment providers. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff....
- Texas Section 110.158 - Rulemaking
(a) The council may adopt rules consistent with this chapter. In adopting rules, the council shall: (1) consider the rules and procedures of the department;...
- Texas Section 110.159 - Fees
(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...
- Texas Section 110.160 - Biennial Report
(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...
- Texas Section 110.161 - Publication Of List
(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...
- Texas Section 110.162 - Confidentiality Required
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...
- Texas Section 110.163 - Grants And Donations
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...
SUBCHAPTER E INTERAGENCY ADVISORY COMMITTEE
- Texas Section 110.164 - Dynamic Risk Assessment Tool
(a) The council shall develop or adopt a dynamic risk assessment tool to be used in determining the likelihood that a person who is confined...
- Texas Section 110.201 - Interagency Advisory Committee
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, Sec....
- Texas Section 110.202 - Advisory Committee Membership
(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:...
- Texas Section 110.203 - Meetings
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...
SUBCHAPTER F PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 110.204 - Agency Cooperation
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....
- Texas Section 110.251 - Public Interest Information
(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...
- Texas Section 110.252 - Public Participation
(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...
- Texas Section 110.253 - Complaints
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...
- Texas Section 110.254 - Record Of Complaints
(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...
- Texas Section 110.255 - Complaint Investigation; Subpoenas
(a) In an investigation of a complaint filed with the council, the council may request that the commissioner of state health services or the commissioner's...
SUBCHAPTER G SEX OFFENDER TREATMENT PROVIDER LICENSE
- Texas Section 110.256 - Confidentiality
(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...
- Texas Section 110.301 - License Required
(a) A person may not provide sex offender treatment or act as a sex offender treatment provider unless the person is licensed under this chapter....
- Texas Section 110.302 - License Requirements
(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...
- Texas Section 110.303 - License Of Out-of-state Applicants
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...
- Texas Section 110.304 - Conviction Or Deferred Adjudication Information
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...
- Texas Section 110.3045 - License Term
A license issued under this chapter is valid for two years. Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.010, eff....
- Texas Section 110.305 - License Expiration
(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...
- Texas Section 110.306 - License Renewal Required
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...
- Texas Section 110.307 - Procedure For Renewal
(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...
- Texas Section 110.308 - Renewal Of Expired License By Out-of-state Practitioner
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...
SUBCHAPTER H DISCIPLINARY PROCEDURES
- Texas Section 110.309 - Denial Of License
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...
- Texas Section 110.351 - Disciplinary Powers Of Council
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...
- Texas Section 110.352 - Probation
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...
- Texas Section 110.353 - Disciplinary Hearing
(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...
SUBCHAPTER I CRIMINAL PENALTIES
- Texas Section 110.354 - Emergency Suspension
(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...
- Texas Section 110.401 - Offense
(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...
SUBCHAPTER J ADMINISTRATIVE PENALTY
- Texas Section 110.402 - Offense: Release Of Adjudication Information
(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...
- Texas Section 110.451 - Imposition Of Administrative Penalty
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...
- Texas Section 110.452 - Amount Of Administrative Penalty
(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...
- Texas Section 110.453 - Report And Notice Of Violation And Penalty
(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...
- Texas Section 110.454 - Penalty To Be Paid Or Hearing Requested
(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...
- Texas Section 110.455 - Hearing
(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)...
- Texas Section 110.456 - Decision By Council
(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...
- Texas Section 110.457 - Options Following Decision: Pay Or Appeal
(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...
- Texas Section 110.458 - Collection Of Penalty
(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)...
- Texas Section 110.459 - Determination By Court
(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...
- Texas Section 110.460 - Remittance Of Penalty And Interest
(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...
- Texas Section 110.461 - Administrative Procedure
A proceeding under this subchapter is a contested case under Chapter 2001, Government Code. Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec....