Open records key to success of Youth Commission overhaul, supporters say

House sends legislation back to the Senate

As the Texas House unanimously gave final approval Tuesday to sweeping 76-page Texas Youth Commission overhaul legislation, supporters insisted that the best insurance against future cover-ups might be in 15 lines of wording inserted at the last minute.

That wording requires public disclosure of abuse reports.

"It's important to have as much sunshine on this agency as possible, and this should do that," said Rep. Jim Dunnam, D-Waco, who offered the amendment late Monday night. "If you don't have public disclosure, things can be covered up. That's why this is important."

The amendment was prompted by a decision last week by Youth Commission officials to keep secret detailed reports on abuse and neglect that previously had been made public.

They said their decision was prompted by a legal ruling that those records must remain confidential under the Texas family code.

That triggered complaints from advocacy groups, reporters and even legislative leaders, who argued that many of the details about the scandal that triggered the overhaul would not have become known had the abuse reports not been disclosed by news organizations.

"Those reports should continue to be public, with the names of juveniles and other confidential information redacted," said House Corrections Committee Chairman Jerry Madden, a Richardson Republican and sponsor of the overhaul legislation. "No one thought cutting off access to those reports was a good idea."

Under Dunnam's amendment, all reports detailing suspected abuse or neglect in Youth Commission lockups can be publicly disclosed so long as certain names are redacted: underage juveniles, the person who filed the report and "any other person whose life or safety" might be endangered by the release of his or her name.

Final approval of the legislation by the House came Tuesday after a surprise quarrel over retirement benefits for the Youth Commission's 16 new inspectors general stopped the final vote as it was occurring and then delayed its completion for more than an hour.

Rep. Vicki Truitt, R-Keller, questioned why those officials — most of whom have yet to be hired — will be covered by a special retirement program for state troopers, game wardens, prison employees and liquor enforcers, a fund that pays better benefits than others but that is not on proper financial footing.

Adding more employees will make the problems even worse, she said.

In addition, Truitt told the House, juvenile correctional officers working for the Youth Commission are not provided the same benefits.

Madden and other supporters said the special retirement was necessary to quickly fill those jobs. The House agreed, tabling Truitt's amendment 92-43.

Final approval of the bill was 141-0.

As the House vote took place, Senate leaders confirmed that they intend to negotiate a final version of the bill — the key issue being whether an executive director and citizen board will run the agency, as the House wants, or a commissioner and advisory board, as Gov. Rick Perry and the Senate want.

Earlier indications were that the Senate might accept the House version without negotiation.

Although Juan "Chuy" Hinojosa, D-McAllen, the Senate author of the measure, said Tuesday that he remains open to discussing the House-approved management plan, other senators said they want a commissioner.

"That's what we approved. We disagree with the House on that," said Senate Criminal Justice Committee Chairman John Whitmire, D-Houston, who co-chairs a special legislative committee investigating the Youth Commission scandal. "That'll be where the discussions start."

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