BILL ANALYSIS



H.B. 1210
By: McDonald
3-23-95
Committee Report (Amended)


BACKGROUND

In 1989, the 71st Legislature passed H.C.R. 216 which directed the
Children and Youth Services Coordinating Committee of the Texas
Health & Human Services Coordinating Council (HHSCC) to devise,
implement, and coordinate a schedule and minimum standards for the
periodic review of internal formal evaluations of child abuse
prevention, protection and treatment programs by all agencies
conducting such programs.  They recruited a voluntary work group to
study the need for standardized evaluation and recommend further
action.  The group called itself the Child Abuse Program Evaluation
Group (CAPEG) and met for two years. 

In 1991, when the HHSCC was dissolved, CAPEG recommended to the
72nd Legislature that a statute be enacted to formalize CAPEG and
establish it within the office of the Governor.  As a result, H.B.
897 passed and CAPEG was appointed by the Governor as a task force. 

In 1994, CAPEG was invited to become an executive council in the
office of the Executive Director of the Department of Protective &
Regulatory Services (DPRS).  The invitation was accepted and CAPEG
now serves as an adjunct to DPRS, the primary agency serving
children who are abused or neglected.


PURPOSE

H.B. 1210 would redesignate Chapter 772.007 of the Government Code
as a new Subchapter E of Chapter 34 in the Family Code, and would
place the Child Abuse Program Evaluation Group more appropriately
within the Dept. of Protective & Regulatory Services.

RULEMAKING AUTHORITY

It is the committee's opinion that H.B. 1210 grants no additional
rulemaking authority to the Dept. of Protective & Regulatory
Services, or to any other state agency, department, institution, or
officer.


SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Chapter 34, Family Code, by adding new
Subchapter E as follows:

SUBCHAPTER E:  CHILD ABUSE PROGRAM EVALUATION.

Sec. 34.70l: Reflects addition of new section in Chapter 34, Family
Code, Child Abuse Program Evaluation Committee.

(a)  Removes the committee from the Governor's office to the
Department of Protective and    Regulatory Services.
(b)  Directs the board of DPRS to appoint the 15 members of the
committee; designates categories of membership and updates agency
names and positions.
(c)  Clarifies appointee terms, with expiration date moved from
February 1 to September 1.
(d)  Provides for reimbursement of travel expenses and per diem for
the 3 public members.
(e)  through (f) no change.

(g)(2)  Technical amendment, changing "section" to "subchapter" to
conform with new Family Code placement.
     (3)  Adds new subsection (3) requring the committee to
     develop and adopt standard models and guidelines for the
     prevention and treatment of child abuse for
     implementation and administration of the evaluation
     system under this subchapter.
     (4)  and (5) no change.
     (6)  Technical amendment, changing "section" to
     "subchapter".
     (7)  Changes the designated recipient of the annual
     report from the Governor's  Interagency Council on Health
     and Human Services to the Board of Protective &
     Regulatory Services to conform with move to DPRS.

(h) and (i)  Technical amendment, changing "section" to
"subchapter".

SECTION 2:  Transitional provisions.

(a)  Directs the board of DPRS to make its appointments to the
Child Abuse Program Evaluation Committee as required by Section 1
of this Act by January 1, 1996.  Allows public members to serve out
remainder of appointed terms, according to provisions (b)-(d)
below.

(b)  Term of office that was to expire on February 1, 1997 would
expire on Sept. 1, 1996.
(c)  Term of office that was to expire on February 1, 1999 would
expire on Sept. 1, 1998.
(d)  Term of office that was to expire on February 1, 2001 would
expire on Sept. 1, 2000.

SECTION 3:  Effective date, September 1, 1995.

SECTION 4:  Emergency clause.


EXPLANATION OF AMENDMENTS

Responding to testimony provided by a witness at the public
hearing, Rep. McDonald drafted an amendment to H.B. 1210, changing
the composition of the Child Abuse Program Evaluation Committee. 
When appointing the three public members of the committee, the
Board of Protective & Regulatory Services should give consideration
to selecting an adult who received services as a child as well as
a custodial and noncustodial parent of a child who is or was
receiving services.


SUMMARY OF COMMITTEE ACTION

While convened in a public hearing, the House Human Services
Committee on March 20, 1995, the Chairman laid out H.B. 1210 and
recognized Rep. McDonald to explain the bill.  The following
witnesses testified for the bill:  Marion Coleman, Child Abuse
Program Evaluation Committee, Austin, Ronald Forster, Mens/Fathers
Hotline, Austin.  No one testified against or neutral on H.B. 1210
and the bill as left pending.

In a formal meeting on March 23, 1995, the committee considered
H.B. 1210 which had been pending.  Committee Amendment No. 1 was
offered by Rep. Wohlgemuth.  Hearing no objection, the amendment
was adopted.  Rep. Wohlgemuth moved passage of H.B. 1210 favorably
as amended; the motion prevailed by a record vote of 7 ayes, 0
noes, 0 present not voting and 2 absent.