CHAPTER 110. COUNCIL ON SEX OFFENDER TREATMENT
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 110. COUNCIL ON SEX OFFENDER TREATMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 110.001. DEFINITIONS. 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 Department of Health.
(3-a) "Executive director" means the executive director of the
council.
(4) Repealed by Acts 2005, 79th Leg., Ch. 1089, Sec. 31(1), eff.
September 1, 2005.
(5) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1219, Sec. 11,
eff. September 1, 2007.
(6) "Sex offender" means a person who:
(A) is convicted of committing or adjudicated to have committed
a sex crime under state or federal law;
(B) is awarded deferred adjudication for a sex crime under state
or federal law; or
(C) is convicted of, adjudicated to have committed, or awarded
deferred adjudication for an offense that is based on sexually
motivated conduct.
(7) "Sex offender treatment provider" means a person, licensed
by the council and recognized based on training and experience to
provide assessment and treatment to adult sex offenders or
juveniles with sexual behavioral problems who have been
convicted, adjudicated, awarded deferred adjudication, or
referred by a state agency or a court, and licensed in this state
to practice as a physician, psychiatrist, psychologist,
psychological associate, provisionally licensed psychologist,
licensed professional counselor, licensed professional counselor
intern, licensed marriage and family therapist, licensed marriage
and family associate, licensed clinical social worker, licensed
master social worker under a clinical supervision plan approved
by the Texas State Board of Social Worker Examiners, or advanced
practice nurse recognized as a psychiatric clinical nurse
specialist or psychiatric mental health nurse practitioner, who
provides mental health or medical services for rehabilitation of
sex offenders.
(8) "Sexually motivated conduct" has the meaning assigned by
Section 841.002, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1089, Sec. 31(1), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1219, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1219, Sec. 11, eff. September 1, 2007.
Sec. 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 to the prescribing of a drug,
remedy, or clinical supply by a physician licensed under Subtitle
B.
Added by Acts 2007, 80th Leg., R.S., Ch.
1219, Sec. 2, eff. September 1, 2007.
SUBCHAPTER B. COUNCIL ON SEX OFFENDER TREATMENT
Sec. 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 the senate as
follows:
(1) three representatives of the public; and
(2) four members each of whom meets the requirements for a
license as a sex offender treatment provider under this chapter.
(c) Appointments to the council shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 4, eff. September 1, 2005.
Sec. 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 treatment provider under this chapter; or
(2) the person or the person's spouse:
(A) is registered, certified, or licensed by an occupational
regulatory agency in the field of sex offender treatment;
(B) is employed by or participates in the management of a
business entity or other organization regulated by the council or
receiving funds from the council;
(C) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the council or receiving funds from the council; or
(D) uses or receives a substantial amount of tangible goods,
services, or funds from the council, other than compensation or
reimbursement authorized by law for council membership,
attendance, or expenses.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 5, eff. September 1, 2005.
Sec. 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 assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) An officer, employee, or paid consultant of a Texas trade
association in the field of sex offender treatment may not be a
member of the council and may not be an employee of the council
who is exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule.
(c) A person who is the spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of sex
offender treatment may not be a member of the council and may not
be an employee of the council who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group A17, of the position classification salary schedule.
(d) A person may not serve as a member of the council or act as
the general counsel to the council if the person 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 council.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 15.004(b), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1089, Sec. 6, eff. September 1, 2005.
Sec. 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 the governor.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 by Sections 110.051(b) and 110.052;
(2) does not maintain during service on the council the
qualifications required by Sections 110.051(b) and 110.052;
(3) does not complete the training program as required by
Section 110.059;
(4) violates a prohibition established by Section 110.053;
(5) cannot because of illness or disability discharge the
member's duties for a substantial part of the member's term; or
(6) is absent from more than half of the regularly scheduled
council meetings that the member is eligible to attend during a
calendar year unless the absence is excused by majority vote of
the council.
(b) The validity of an action of the council is not affected by
the fact the action is taken when a ground for removal of a
council member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the council of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the council, who shall notify the governor and the attorney
general that a potential ground exists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 or as provided by council rule.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 and
other necessary expenses incurred in performing official duties
at the rate provided in the General Appropriations Act for state
employees.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 of a training program that complies
with this section. If the person has not completed the training
course at the time of the appointment, the person must complete
the training program not later than six months after the date of
appointment.
(b) The training program must provide information to a person
regarding:
(1) the enabling legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council, with an emphasis on the rules
relating to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the council;
(7) the requirements of Chapters 551, 552, and 2001, Government
Code;
(8) the requirements of the conflict of interest laws and other
laws relating to public officials; and
(9) any applicable ethics policies adopted by the council or the
Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act,
as if the person were a member of the council.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND STAFF
Sec. 110.101. EXECUTIVE DIRECTOR. 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
council and performs its administrative duties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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, 2003.
Sec. 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 the staff of the
council.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 office or employment under this chapter;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
SUBCHAPTER D. COUNCIL POWERS AND DUTIES
Sec. 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 of sex offenders that must be
met by sex offender treatment providers to be eligible for a
license under this chapter; and
(3) recommend to licensing and regulatory boards and to the
directors of current programs methods of improving programs to
meet council standards.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 7, eff. September 1, 2005.
Sec. 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:
(A) license requirements; and
(B) procedures for sex offender treatment providers.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 8, eff. September 1, 2005.
Sec. 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 state and municipal agencies; and
(4) the public.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 used for the development,
operation, or evaluation of sex offender treatment programs.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 complete name of the
person being investigated, or other information necessary to
conduct a criminal history background check be submitted to the
Department of Public Safety or another law enforcement agency;
and
(2) if fingerprints are submitted, the fingerprints be submitted
to the Federal Bureau of Investigation for further information if
a relevant disqualifying record or other substantive information
is not obtained from a state or local law enforcement agency.
(b) A law enforcement agency may provide to the council
information about the conviction or deferred adjudication of a
person being investigated only if the information:
(1) is relevant to the person's current or proposed
registration; and
(2) was collected in accordance with this section.
(c) The council is not entitled to adjudication information that
is not relevant. Adjudication information is relevant only if it
relates to a conviction or deferred adjudication for:
(1) a sexual offense;
(2) murder, assault, battery, or any other offense involving
personal injury or threat to another person; or
(3) a felony not listed in Subdivision (1) or (2).
(d) All adjudication information received by the council is
privileged information and for the exclusive use of the council.
The information may be released or otherwise disclosed to any
other person or agency only:
(1) on court order; or
(2) with the consent of the person being investigated.
(e) The council by rule shall establish a method to collect and
destroy adjudication information after the council makes a
decision on the eligibility of the person for registration who is
the subject of the information. The council shall destroy the
adjudication information not later than the first anniversary of
the date of the council's decision on the person's eligibility
for registration.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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.
Sept. 1, 2003.
Sec. 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 board and the
department; and
(2) adopt procedural rules consistent with similar existing
rules and procedures of the board or the department.
(b) A sex offender treatment provider licensed under this
chapter is subject to the rules of the council, in relation to
the person's provision of sex offender treatment, rather than the
rules of the licensing entity by which the provider is licensed
or otherwise regulated. A sex offender treatment provider who
acts in conformance with the rules, policies, and procedures of
the council is not subject to any administrative sanction
against the provider by the licensing entity by which the
provider is licensed or otherwise regulated.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1219, Sec. 3, eff. September 1, 2007.
Sec. 110.159. COLLECTION OF 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 fees collected under this section to the
department.
(b) Fees charged and collected by the council under this section
may include:
(1) sex offender treatment provider license and renewal fees;
(2) training fees;
(3) publication fees; and
(4) fees for providing continuing education and other services
to sex offender treatment providers.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 9, eff. September 1, 2005.
Sec. 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 council. The council shall include in the report:
(1) any recommendation made under Section 110.151; and
(2) any other recommendation the council considers appropriate.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 the list of sex offender treatment
providers.
(c) The council, on request, shall make the list of sex offender
treatment providers available on payment of a reasonable fee in
an amount sufficient to cover the costs of printing and
distribution.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 10, eff. September 1, 2005.
Sec. 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 of a sex offender.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 to perform its duties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 in a
penal institution and will become subject to Chapter 62, Code of
Criminal Procedure, on being released from the institution will
commit an offense described by Article 62.001(5), Code of
Criminal Procedure, after being released from the institution.
(b) The dynamic risk assessment tool must enable the assignment
to a person of a risk level of low, medium, or high.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 46, eff. June 15, 2007.
SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE
Sec. 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. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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:
(1) Texas Department of Criminal Justice;
(2) Texas Juvenile Probation Commission;
(3) Texas Department of Mental Health and Mental Retardation;
(4) Texas Youth Commission;
(5) Sam Houston State University;
(6) Department of Protective and Regulatory Services; and
(7) Texas Council of Community Mental Health and Mental
Retardation Centers.
(b) The director of each of the following divisions of a state
agency or that person's designated representative shall serve as
a member of the interagency advisory committee:
(1) the criminal justice division of the governor's office; and
(2) the sexual assault prevention and crisis services division
of the office of the attorney general.
(c) The council may appoint additional members to the
interagency advisory committee as the council determines is
necessary. An additional member appointed by the council must be
a representative of a public or private nonprofit entity that has
a demonstrated interest in improving the treatment of sex
offenders.
(d) If the executive head of a state agency or the director of a
division designates a representative as a member of the
interagency advisory committee, the representative must be, at
the time of the designation and during the time of service on the
committee, an officer or employee of the agency or division.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
SUBCHAPTER F. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 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 resolved by the council.
(b) The council shall make the information available to the
public and appropriate state agencies.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 any issue under the council's jurisdiction.
(b) The executive director shall prepare and maintain a written
plan describing how a person who does not speak English may be
provided reasonable access to the council's programs and
services.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 council
for the purpose of directing complaints to the council. The
council may provide for that notice:
(1) on each license form, application, or written contract for
services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of business of
each person regulated under this chapter; or
(3) in a bill for service provided by a person regulated under
this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 11, eff. September 1, 2005.
Sec. 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 file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) for a complaint for which the council took no action, an
explanation of the reason the complaint was closed without
action.
(b) The council shall provide to a person filing a complaint and
to each person who is the subject of the complaint a copy of the
council's policies and procedures relating to complaint
investigation and resolution.
(c) The council, at least quarterly and until final disposition
of a complaint, shall notify the person filing the complaint and
each person who is the subject of the complaint of the status of
the complaint unless the notice would jeopardize an undercover
investigation.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 110.255. COMPLAINT INVESTIGATION; SUBPOENAS. (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 approve the issuance of a subpoena. If
the request is approved, the council may issue a subpoena to
compel the attendance of a relevant witness or the production,
for inspection or copying, of relevant evidence in this state.
The council may delegate the authority granted under this
subsection to the executive director of the council.
(b) A subpoena may be served personally or by certified mail.
(c) If a person fails to comply with a subpoena, the council,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or the county in
which a hearing conducted by the council may be held.
(d) On finding that good cause exists for issuing the subpoena,
the court shall order the person to comply with the subpoena. The
court may punish a person who fails to obey the court order.
(e) The council shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the
amount the council may charge for copies of its records.
(f) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Sec. 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 confidential and not subject to disclosure
under Chapter 552, Government Code, and not subject to
disclosure, discovery, subpoena, or other means of legal
compulsion for their release to anyone other than the council or
its employees or agents involved in the complaint and
investigation.
(b) The information described by Subsection (a) may be disclosed
to:
(1) persons involved with the council in a complaint and
investigation;
(2) professional sex offender treatment provider licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board under Chapter
467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information is deleted.
(c) The filing of formal charges by the council against a person
under this chapter, the nature of those charges, the council's
disciplinary proceedings, and final disciplinary actions,
including warnings and reprimands, by the council are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
SUBCHAPTER G. SEX OFFENDER TREATMENT PROVIDER LICENSE
Sec. 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.
(b) A person may not claim to be a sex offender treatment
provider, or use the title "sex offender treatment provider" or a
similar title or an abbreviation that implies the person is a sex
offender treatment provider, unless the person is licensed under
this chapter.
(c) This section does not apply to a physician whose treatment
of a sex offender is limited to prescribing medication to the sex
offender.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 13, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1219, Sec. 4, eff. September 1, 2007.
Sec. 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 related to clinical practice experience
and assessment, continuing education, and supervision.
(b) In developing the rules, the council shall coordinate with
the Texas Department of Criminal Justice, the Texas Youth
Commission, and the Texas Juvenile Probation Commission.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 61
(c) The Texas Board of Criminal Justice may vote to exempt
employees of the Texas Department of Criminal Justice from a
specific licensing requirement imposed under this section if the
board determines that the requirement causes financial or
operational hardship on the agency. The Texas Youth Commission
may not exempt any employee of the commission from a licensing
requirement imposed by this section for any reason.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 47
(c) The governing board of the Texas Youth Commission may vote
to exempt employees of the Texas Youth Commission from a specific
licensing requirement imposed under this section if the board
determines that the requirement causes financial or operational
hardship on the agency. The Texas Board of Criminal Justice may
not exempt any employee of the Texas Department of Criminal
Justice from a licensing requirement imposed by this section for
any reason.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 14, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 61, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 47, eff. June 15, 2007.
Sec. 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 license from another state that has
license requirements substantially equivalent to those of this
state.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 15, eff. September 1, 2005.
Sec. 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 or renewal of a license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 16, eff. September 1, 2005.
Sec. 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 the license expiration date is
changed, license fees shall be prorated on a monthly basis so
that each person pays only that portion of the license fee
allocable to the number of months during which the license is
valid.
(c) On renewal of a license on the new expiration date, the
total license renewal fee is payable.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 17, eff. September 1, 2005.
Sec. 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 Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 18, eff. September 1, 2005.
Sec. 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 to
the person at the person's last known address according to the
records of the council.
(b) A person who is otherwise eligible to renew a license may
renew an unexpired license by paying the required license fee to
the council before the license expiration date.
(c) A person who is otherwise eligible to renew a license and
whose license has been expired for:
(1) 90 days or less, may renew the license by paying to the
council a fee equal to one and one-half times the required
renewal fee; and
(2) longer than 90 days but less than one year, may renew the
license by paying to the council a fee equal to two times the
required renewal fee.
(d) Except as provided by Section 110.308, a person whose
license has been expired for one year or longer may not renew the
license. The person may obtain a new license by submitting to
reexamination and complying with the requirements and procedures
for obtaining an original license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 19, eff. September 1, 2005.
Sec. 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 paying to the council a fee
equal to two times the required renewal fee if the person:
(1) was licensed in this state;
(2) moved to another state; and
(3) has been licensed and in practice in the other state for two
years preceding the date of application for renewal.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 20, eff. September 1, 2005.
Sec. 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 is not qualified
or suitable; or
(2) the applicant fails to provide the information described by
Section 110.156(a)(1).
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 21, eff. September 1, 2005.
SUBCHAPTER H. DISCIPLINARY PROCEDURES
Sec. 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
who is licensed under this chapter if the person violates this
chapter or a rule of the council.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 22, eff. September 1, 2005.
Sec. 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 are the
basis of the probation;
(2) limit the person's practice to the areas prescribed by the
council; or
(3) continue or review professional education until the person
attains a degree of skill satisfactory to the council in those
areas that are the basis of the probation.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 23, eff. September 1, 2005.
Sec. 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
State Office of Administrative Hearings.
(b) Disciplinary proceedings are governed by Chapter 2001,
Government Code.
(c) Rules of practice adopted by the council under Section
2001.004, Government Code, applicable to the proceedings for a
disciplinary action may not conflict with rules adopted by the
State Office of Administrative Hearings.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 24, eff. September 1, 2005.
Sec. 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 chapter if the council or committee
determines from the evidence or information presented to it that
continued practice by the person would constitute a continuing
and imminent threat to the public welfare.
(b) A license may be suspended under this section without notice
or hearing on the complaint if:
(1) action is taken to initiate proceedings for a hearing before
the State Office of Administrative Hearings simultaneously with
the temporary suspension; and
(2) a hearing is held as soon as practicable under this chapter
and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause
to believe that a continuing and imminent threat to the public
welfare still exists. A final hearing on the matter shall be
held not later than the 61st day after the date of the temporary
suspension.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 25, eff. September 1, 2005.
SUBCHAPTER I. CRIMINAL PENALTIES
Sec. 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 Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1089, Sec. 27, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1089, Sec. 28, eff. September 1, 2005.
Sec. 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 offense under this section is a Class A misdemeanor.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff.
Sept. 1, 2003.
SUBCHAPTER J. ADMINISTRATIVE PENALTY
Sec. 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 this chapter.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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
or occurs is a separate violation for the purpose of imposing a
penalty.
(b) The amount shall be based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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 which the determination is based; and
(2) the executive director's recommendation on the imposition of
an administrative penalty, including a recommendation on the
amount of the penalty.
(b) Within 14 days after the date the report is issued, the
executive director shall give written notice of the report to the
person. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended administrative penalty;
and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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 of the executive director; or
(2) make a request for a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the executive director, or fails to respond in a
timely manner to the notice, the council by order shall approve
the determination and impose the recommended penalty.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing.
(c) The administrative law judge shall make findings of fact and
conclusions of law and promptly issue to the council a proposal
for a decision about the occurrence of the violation and the
amount of a proposed administrative penalty.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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 and impose an administrative penalty;
or
(2) a violation did not occur.
(b) The notice of the council's order given to the person must
include a statement of the right of the person to judicial review
of the order.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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 for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving the court a supersedeas bond approved by the court
that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review of the council's
order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the executive director by
certified mail.
(c) If the executive director receives a copy of an affidavit
under Subsection (b)(2), the executive director may file with the
court, within five days after the date the copy is received, a
contest to the affidavit.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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) The attorney general may sue to collect the penalty.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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 the person to pay the full or reduced amount of the
penalty.
(b) If the court does not sustain the finding that a violation
occurred, the court shall order that a penalty is not owed.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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 court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
person.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on the
date the penalty is paid and ending on the date the penalty is
remitted.
(d) If the person gave a supersedeas bond and the penalty is not
upheld by the court, the court shall order, when the court's
judgment becomes final, the release of the bond.
(e) If the person gave a supersedeas bond and the amount of the
penalty is reduced, the court shall order the release of the bond
after the person pays the reduced amount.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 26, eff. September 1, 2005.
Sec. 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, Sec. 26, eff. September 1, 2005.