By Naishtat                                           H.B. No. 3123
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the confidentiality of records which pertain to victims
    1-3  of family violence and sexual assault.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Family Code is amended by adding Chapter
    1-6  73 to read as follows:
    1-7        Chapter 73.  CONFIDENTIALITY OF FAMILY VIOLENCE OR SEXUAL
    1-8  ASSAULT VICTIM-ADVOCATE COMMUNICATION
    1-9        Sec. 73.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Advocate" means a paid or volunteer person
   1-11  working for a program whose primary focus is to advocate for
   1-12  victims of family violence or sexual assault who:
   1-13                    (1)  has a primary function of rendering advice
   1-14  or assistance to victims of family violence or sexual assault;
   1-15  supervising the employees or volunteers of the program; or
   1-16  administering the program; or works under the direction of a
   1-17  supervisor of such a program; and
   1-18                    (2)  has undergone 40 hours of training as
   1-19  documented in their employee or volunteer records.
   1-20              (2)  "Victim" means a person who consults a family
   1-21  violence or a sexual assault advocate for the purpose of securing
   1-22  advice or assistance concerning a mental, physical or emotional
   1-23  condition caused by an incidence of family violence or sexual
    2-1  assault.
    2-2              (3)  "Confidential communication" means information
    2-3  transmitted privately and not intended for further disclosure
    2-4  except to other persons in furtherance of the purpose of the
    2-5  communication.
    2-6              (4)  "Family Violence Agency" means a non-profit,
    2-7  non-governmental agency whose primary responsibility is to advocate
    2-8  for the needs of victims of family violence.
    2-9              (5)  "Rape Crisis Center" means a non-profit,
   2-10  non-governmental agency whose primary responsibility is to advocate
   2-11  for the needs of victims of sexual assault.
   2-12        Sec. 73.002.  Except as otherwise provided in Section 73.003
   2-13  of this chapter, a victim of family violence or sexual assault may
   2-14  refuse to disclose, and may prevent an employee or advocate of a
   2-15  Family Violence Agency or a Rape Crisis Center from disclosing, in
   2-16  any civil, criminal or administrative hearing, confidential
   2-17  communication, either oral or written, between the victim and the
   2-18  advocate which includes any written records and reports concerning
   2-19  the victim, if the privilege is claimed by:
   2-20              (1)  The victim; or
   2-21              (2)  The person who was the advocate at the time of the
   2-22  confidential communication, except that the advocate may not claim
   2-23  the privilege if there is not victim in existence or if the
   2-24  privilege has been waived in writing by the victim.
   2-25        Sec. 73.003.  The privilege does not relieve a person from
    3-1  any duty imposed pursuant to Section 34.01, Family Code.  A person
    3-2  may not claim the privilege when providing evidence in proceedings
    3-3  concerning child abuse pursuant to Section 34.01, Family Code.
    3-4        SECTION 2.  This Act takes effect September 1, 1995.
    3-5        SECTION 3.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.