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
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   4-37  Name:  Tom Krampitz                              x
   4-38  Representing:  Dist. & County Atty's Assoc.
   4-39  City:  Austin
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   4-41  Name:  Shannon Noble                             x
   4-42  Representing:  Tx Network of Youth Services
   4-43  City:  Austin
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   4-45  Name:  Jane Gump                                 x
   4-46  Representing:  Tx Casa
   4-47  City:  Austin
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