BILL ANALYSIS
S.B. 1175
By: Lucio (Naishtat)
May 11, 1995
Committee Report (Unamended)
BACKGROUND
Public awareness of sexual assault has increased in the past few
years, as has the number of advocates who wish to provide services
to sexual assault survivors. Currently, training programs for these
advocates are conducted independently at each center that provides
such services, and they are not regulated by law.
PURPOSE
S.B. 1175 would establish provisions for the certification of
advocates for victims of sexual assault and for confidential
communications between a certified advocate and a victim.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill grants additional
rulemaking authority to the Texas Board of Health under SECTION 2
(Section 44.053, Health and Safety Code).
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 44.003, Health and Safety Code, to add
the definition of "advocate." Remaining subsections are renumbered
to reflect this addition.
SECTION 2. Adds Subchapters C and D to Chapter 44, Health and
Safety Code, as follows:
SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.
Sec. 44.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.
States that an individual qualifies as an advocate for victims
of sexual assault if the individual is certified by the Texas
Department of Health (department) as minimally competent to be
an advocate for victims of sexual assault and is employed by
a sexual assault program or provides services through a sexual
assault program as a volunteer under the supervision of an
advocate.
Sec. 44.052. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION.
Entitles a certified sexual assault program to obtain from the
Texas Department of Public Safety criminal history record
information that relates to a person who is an employee, an
employee applicant, an advocate, or an advocate applicant of
the program in the same manner as a volunteer center may
obtain that information under Section 411.126, Government
Code.
Sec. 44.053. CERTIFICATION OF TRAINING PROGRAMS. (a)
Authorizes the Texas Board of Health (board), by rule, to
adopt minimum standards for certifying training programs for
advocates and for the revocation, suspension, or probation of
a certification.
(b) Declares that Subchapters C through G, Chapter 2001,
Government Code, do not apply to the denial of approval,
approval, revocation, suspension, or placement on probation
of a training program. Requires the department to conduct a
hearing in accordance with rules adopted by the board.
Requires the rules to provide for notice to an affected
party.
SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS.
Sec. 44.071. CONFIDENTIAL COMMUNICATIONS. (a) States that a
communication between an advocate and a survivor, or a person
claiming to be a survivor, that is made in the course of
providing advocacy services to the survivor is confidential
and not to be disclosed except as provided by this subchapter.
(b) States that a record of the identity, personal history,
background information of a survivor, or information
concerning the victimization of a survivor that is created
or provided to an advocate, or maintained by a sexual
assault program is confidential.
(c) Prohibits a person who receives information from a
confidential communication or record from disclosing the
information, except as consistent with the authorized
purposes for which the information was obtained.
(d) States that this subchapter governs a confidential
communication or record concerning a survivor, regardless of
when the survivor received the services of an advocate or
sexual assault program.
(e) Notwithstanding specified State of Texas rules of
evidence, this subsection authorizes the privilege of
confidentiality to be claimed in a criminal, civil, or
administrative proceeding, and to be claimed by a survivor
or advocate acting on behalf of a survivor.
(f) States that, if an advocate claims the privilege of
confidentiality on behalf of a survivor, the authority to do
so is presumed to exist in the absence of evidence to the
contrary.
Sec. 44.072. EXCEPTIONS. (a) Authorizes a communication or
record that is privileged under this subchapter to be
disclosed in court or in an administrative proceeding if
certain conditions are met.
(b) Authorizes the disclosure of a confidential
communication or record under this subchapter only to
certain persons.
(c) Prohibits a communication or record that is confidential
under this subchapter from being disclosed to a parent or
legal guardian of a survivor who is a minor, if an advocate
or a sexual assault program knows or has reason to believe
that the parent or legal guardian of the survivor is a
suspect in the sexual assault of the survivor.
Sec. 44.073. CONSENT. (a) Requires consent for the release
of confidential information to be in writing and signed by the
survivor, an attorney ad litem appointed for the survivor, or
certain other persons if the survivor is a minor, adjudicated
incompetent, or deceased. Requires the consent to contain
certain information.
(b) Authorizes a survivor, or other person authorized to
consent, to withdraw consent to the release of information
by submitting a written notice of withdrawal to the person
or program to which consent was provided. States that
withdrawal does not affect information disclosed before the
date on which notice of withdrawal was received.
(c) Prohibits a person who receives information made
confidential by this chapter from disclosing the
information, except as consistent with the authorized
purposes for which the person obtained the information.
Sec. 44.074. OFFENSE. States that a person commits an
offense, classified as a Class C misdemeanor, who
intentionally or knowingly discloses a communication or record
that is confidential under this chapter, except as provided by
this chapter.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.
SUMMARY OF COMMITTEE ACTION
S.B. 1175 was considered by the Public Health Committee in a formal
meeting on May 11, 1995. The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed
and be sent to the Committee on Local and Consent Calendars, by the
record vote of 8 AYES, 0 NAYS, 0 PNV, and 1 ABSENT.