BILL ANALYSIS
C.S.S.B. 81
By: Shapiro
Jurisprudence
04-12-95
Committee Report (Substituted)
BACKGROUND
Currently, there is no statutory mechanism to coordinate the
efforts of the parties involved in child abuse cases. The lack of
coordination can increase the victim's distress by forcing the
person to undergo interviews with several different officials and
can contribute to the unnecessary duplication of effort by the
agencies involved.
PURPOSE
As proposed, C.S.S.B. 81 authorizes county commissioners courts to
establish children's advocacy centers.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 34, Family Code, by adding Subchapter E,
as follows:
SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS
Sec. 34.701. DEFINITION. Defines "center."
Sec. 34.702. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
Authorizes the participating entities of an executed
memorandum of understanding under Section 34.703 to establish
a children's advocacy center (center) that serves two or more
contiguous counties.
Sec. 34.703. INTERAGENCY MEMORANDUM OF UNDERSTANDING.
Requires a memorandum of understanding to be executed among
certain agencies. Requires the memorandum of understanding to
include the agreement of each participating entity to
cooperate in developing and maintaining the center.
Authorizes a memorandum under this section to include the
agreement of one or more participating entities to provide
office space and administrative services necessary for the
center's operation.
Sec. 34.704. BOARD; ADMINISTRATION OF CENTER. Requires the
executive officer or board of each participating entity
executing a memorandum of understanding that establishes a
center under this subchapter to appoint a member to serve on
the governing board of the center. Provides that a governing
board member serves at the pleasure of the appointing
executive officer or board. Provides that service on a
center's board by a public officer or employee is an
additional duty of the office or employment.
Sec. 34.705. DUTIES. Sets forth required duties of the
center.
Sec. 34.706. MULTIDISCIPLINARY TEAM. Requires a center's
board to appoint a multidisciplinary team (team) to review
child abuse cases, and sets forth requirements for the team,
prosecution, and victim services.
Sec. 34.707. LIABILITY. (a) Provides that a person is not
liable for civil damages for recommendations made or opinions
given as a member of a center.
(b) Provides that the limitation on civil liability of
Subsection (a) does not apply if a person's actions
constitute gross negligence.
SECTION 2. Effective date: September 1, 1995.
SECTION 3. Emergency clause.