BILL ANALYSIS
C.S.S.B. 1175
By: Lucio
Health and Human Services
04-27-95
Committee Report (Substituted)
BACKGROUND
In recent years, a greater awareness of sexual assault has produced
more advocates who wish to provide services to survivors of sexual
assault. Currently, training programs for these advocates are
conducted independently at each center that provides such services,
and are not regulated by law.
PURPOSE
As proposed, C.S.S.B. 1175 establishes 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 rulemaking authority is granted
to the Texas Board of Health under SECTION 2 (Section 44.053(a),
Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 44.003, Health and Safety Code, to define
"advocate."
SECTION 2. Amends Chapter 44, Health and Safety Code, by adding
Subchapters C and D, as follows:
SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT
Sec. 44.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.
Provides 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-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) Makes
confidential and not to be disclosed except as provided by
this subchapter 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.
(b) Makes confidential 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.
(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) Provides 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) 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) Declares 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. Provides 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. Provides 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.