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.