1-1 By: Linebarger (Senate Sponsor - Zaffirini) H.B. No. 1662
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 28, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the transfer of court-appointed volunteer advocate
1-18 programs for abused or neglected children.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subchapter D, Chapter 72, Government Code, is
1-21 transferred to Subtitle C, Title 2, Family Code, redesignated as
1-22 Subchapter D, Chapter 34, Family Code, as added by this Act, and
1-23 amended to read as follows:
1-24 SUBCHAPTER D. COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS
1-25 Sec. 34.601 <72.041>. Definitions. In this chapter
1-26 <subchapter>:
1-27 (1) "Abused or neglected child" means a child who is:
1-28 (A) the subject of a suit affecting the
1-29 parent-child relationship brought by a governmental entity; and
1-30 (B) under the control or supervision of the
1-31 Department of Protective and Regulatory Services <child protective
1-32 services division of the Texas Department of Human Services>.
1-33 (2) "Volunteer advocate program" means a
1-34 volunteer-based, nonprofit program that provides advocacy services
1-35 to abused or neglected children with the goal of obtaining a
1-36 permanent placement for the children that is in their best
1-37 interest.
1-38 Sec. 34.602 <72.042>. Contracts With Advocate Programs.
1-39 (a) The attorney general <office> shall contract for services with
1-40 each eligible volunteer advocate program to expand the existing
1-41 services of the program.
1-42 (b) The contract may not result in reducing financial
1-43 support a volunteer advocate program receives from another source.
1-44 (c) The attorney general <office> shall develop a scale of
1-45 state financial support for volunteer advocate programs that
1-46 declines over a six-year period beginning on the date each
1-47 individual contract takes effect. After the end of the six-year
1-48 period, the attorney general <office> may not provide more than 50
1-49 percent of the volunteer advocate program's funding.
1-50 Sec. 34.603 <72.043>. Administrative Contracts. The
1-51 attorney general <office> shall contract with one statewide
1-52 organization of individuals or groups of individuals who have
1-53 expertise in the dynamics of child abuse and neglect and experience
1-54 in operating volunteer advocate programs:
1-55 (1) for the provision of training, technical
1-56 assistance, and evaluation services for the benefit of local
1-57 volunteer advocate programs; and
1-58 (2) to manage the attorney general's <office's>
1-59 contracts under Section 34.602 of this code <72.042>.
1-60 Sec. 34.604 <72.044>. Eligibility for Contracts. (a) A
1-61 person is eligible for a contract under Section 34.602 of this code
1-62 <72.042> only if the person is a public or private nonprofit entity
1-63 that operates a volunteer advocate program that:
1-64 (1) uses individuals appointed as volunteer advocates
1-65 by the court to provide for the needs of abused and neglected
1-66 children;
1-67 (2) has provided court-appointed advocacy services for
1-68 at least two years;
2-1 (3) provides court-appointed advocacy services for at
2-2 least 10 children each month; and
2-3 (4) has demonstrated that it has local judicial
2-4 support.
2-5 (b) The attorney general <office> may not contract with a
2-6 person that is not eligible under this section; however, the
2-7 attorney general <office> may waive the requirement in Subsection
2-8 (a)(3) of this section <Subdivision (3) of Subsection (a)> for
2-9 established programs in rural areas or under other special
2-10 circumstances.
2-11 Sec. 34.605 <72.045>. Contract Form. A person must apply
2-12 for a contract under Section 34.602 of this code <72.042> on a form
2-13 provided by the attorney general <office>.
2-14 Sec. 34.606 <72.046>. Criteria for Award of Contracts. The
2-15 attorney general <office> shall consider the following factors in
2-16 awarding a contract under Section 34.602 of this code <72.042>:
2-17 (1) the volunteer advocate program's eligibility for
2-18 and use of funds from local, state, or federal governmental
2-19 sources, philanthropic organizations, and other sources;
2-20 (2) community support for the volunteer advocate
2-21 program as indicated by financial contributions from civic
2-22 organizations, individuals, and other community resources;
2-23 (3) whether the volunteer advocate program provides
2-24 services that encourage the permanent placement of children through
2-25 reunification with their families or timely placement with an
2-26 adoptive family; and
2-27 (4) whether the volunteer advocate program has the
2-28 endorsement and cooperation of the local juvenile court system.
2-29 Sec. 34.607 <72.047>. Contract Requirements. (a) The
2-30 attorney general <office> shall require that a contract under
2-31 Section 34.602 of this code <72.042> require the volunteer advocate
2-32 program to:
2-33 (1) make quarterly and annual financial reports on a
2-34 form provided by the attorney general <office>;
2-35 (2) cooperate with inspections and audits that the
2-36 attorney general <office> makes to ensure service standards and
2-37 fiscal responsibility;
2-38 (3) provide as a minimum:
2-39 (A) independent and factual information to the
2-40 court regarding the child;
2-41 (B) advocacy through the courts for permanent
2-42 home placement and rehabilitation services for the child;
2-43 (C) monitoring of the child to ensure the safety
2-44 of the child and to prevent unnecessary movement of the child to
2-45 multiple temporary placements;
2-46 (D) reports to the presiding judge and to
2-47 counsel for the parties involved;
2-48 (E) community education relating to child abuse
2-49 and neglect;
2-50 (F) referral services to existing community
2-51 services;
2-52 (G) a volunteer recruitment and training
2-53 program, including adequate screening procedures for volunteers;
2-54 and
2-55 (H) procedures to assure the confidentiality of
2-56 records or information relating to the child.
2-57 (b) The attorney general <office> may require that a
2-58 contract under Section 34.602 of this code <72.042> require the
2-59 volunteer advocate program to use forms provided by the attorney
2-60 general <office>.
2-61 (c) The attorney general <office> shall develop forms in
2-62 consultation with a statewide organization of individuals or groups
2-63 of individuals who have expertise in the dynamics of child abuse
2-64 and neglect and experience in operating volunteer advocate
2-65 programs.
2-66 Sec. 34.608 <72.048>. REPORT TO THE LEGISLATURE.
2-67 (a) Before each regular session of the legislature, the attorney
2-68 general <office> shall publish a report that:
2-69 (1) summarizes reports from volunteer advocate
2-70 programs under contract with the attorney general <office>;
3-1 (2) analyzes the effectiveness of the contracts made
3-2 by the attorney general <office> under this chapter; and
3-3 (3) provides information on:
3-4 (A) the expenditure of funds under this chapter;
3-5 (B) services provided and the number of children
3-6 for whom the services were provided; and
3-7 (C) any other information relating to the
3-8 services provided by the volunteer advocate programs under this
3-9 chapter.
3-10 (b) The attorney general <office> shall submit copies of the
3-11 report to the governor, lieutenant governor, speaker of the house
3-12 of representatives, Legislative Budget Board, and members of the
3-13 legislature.
3-14 Sec. 34.609 <72.049>. RULE-MAKING AUTHORITY. The attorney
3-15 general <office> may adopt rules necessary to implement this
3-16 chapter.
3-17 Sec. 34.610 <72.050>. CONFIDENTIALITY. The attorney general
3-18 <office> may not disclose information gained through reports,
3-19 collected case data, or inspections that would identify a person
3-20 working at or receiving services from a volunteer advocate program.
3-21 Sec. 34.611 <72.051>. CONSULTATIONS. In implementing this
3-22 chapter, the attorney general <office> shall consult with
3-23 individuals or groups of individuals who have expertise in the
3-24 dynamics of child abuse and neglect and experience in operating
3-25 volunteer advocate programs.
3-26 Sec. 34.612 <72.052>. FUNDING. (a) The attorney general
3-27 <office> may solicit and receive grants or money from either
3-28 private or public sources, including appropriation by the
3-29 legislature from the general revenue fund <General Revenue Fund>,
3-30 to implement this chapter.
3-31 (b) The need for and importance of the implementation of
3-32 this chapter by the attorney general <office> require priority and
3-33 preferential consideration for appropriation.
3-34 (c) The attorney general <office> may not use more than six
3-35 percent of the annual legislative appropriation it receives to
3-36 implement this chapter for administration and not more than six
3-37 percent annually for the contract described in Section 34.603
3-38 <72.043> of this chapter.
3-39 SECTION 2. (a) The Office of Court Administration of the
3-40 Texas Judicial System and the attorney general shall coordinate the
3-41 transfer of all office functions relating to the court-appointed
3-42 volunteer advocate programs administered under Subchapter D,
3-43 Chapter 72, Government Code, as it existed before the effective
3-44 date of Section 1 of this Act, to the attorney general as required
3-45 by this Act.
3-46 (b) The transfer required by this Act includes the transfer
3-47 of all assets, duties, powers, obligations, and liabilities,
3-48 including contracts, funds, employees, personal property,
3-49 furniture, computers and other equipment, and files and related
3-50 materials used by the Office of Court Administration of the Texas
3-51 Judicial System in administering the program transferred by this
3-52 Act.
3-53 (c) A form, rule, or procedure adopted by the Office of
3-54 Court Administration of the Texas Judicial System that is in effect
3-55 on the effective date of Section 1 of this Act remains in effect on
3-56 and after that date as if adopted by the attorney general until
3-57 amended, repealed, withdrawn, or otherwise superseded by the
3-58 attorney general.
3-59 (d) An appropriation made to the Office of Court
3-60 Administration of the Texas Judicial System for the operation of
3-61 Subchapter D, Chapter 72, Government Code, is an appropriation to
3-62 the attorney general for the same purpose on the effective date of
3-63 Section 1 of this Act. If Section 1 of this Act takes effect
3-64 October 1, 1993, and an appropriation is made to the attorney
3-65 general for the operation of Subchapter D, Chapter 72, Government
3-66 Code, or Subchapter D, Chapter 34, Family Code, as added by this
3-67 Act, the attorney general may transfer sufficient funds to the
3-68 Office of Court Administration of the Texas Judicial System for the
3-69 operation of that law until October 1, 1993.
3-70 SECTION 3. This Act takes effect on the earliest date that
4-1 the Act may take effect under Article III, Section 39, of the Texas
4-2 Constitution, except that Section 1 of this Act takes effect:
4-3 (1) September 1, 1993, if Section 2 of this Act takes
4-4 effect before the 91st day after the date of the 73rd Legislature,
4-5 Regular Session, 1993, adjourns sine die; or
4-6 (2) October 1, 1993, if Section 2 of this Act takes
4-7 effect on or after the 91st day after the 73rd Legislature, Regular
4-8 Session, 1993, adjourns sine die.
4-9 SECTION 4. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended,
4-14 and that this Act take effect and be in force according to its
4-15 terms, and it is so enacted.
4-16 * * * * *
4-17 Austin,
4-18 Texas
4-19 May 11, 1993
4-20 Hon. Bob Bullock
4-21 President of the Senate
4-22 Sir:
4-23 We, your Committee on Jurisprudence to which was referred H.B.
4-24 No. 1662, have had the same under consideration, and I am
4-25 instructed to report it back to the Senate with the recommendation
4-26 that it do pass and be printed.
4-27 Henderson,
4-28 Chairman
4-29 * * * * *
4-30 WITNESSES
4-31 FOR AGAINST ON
4-32 ___________________________________________________________________
4-33 Name: Drew T. Durham x
4-34 Representing: Atty Gen.
4-35 City: Austin
4-36 -------------------------------------------------------------------
4-37 Name: Tom Krampitz x
4-38 Representing: Dist. & County Atty's Assoc.
4-39 City: Austin
4-40 -------------------------------------------------------------------
4-41 Name: Shannon Noble x
4-42 Representing: Tx Network of Youth Services
4-43 City: Austin
4-44 -------------------------------------------------------------------
4-45 Name: Jane Gump x
4-46 Representing: Tx Casa
4-47 City: Austin
4-48 -------------------------------------------------------------------