By Shapiro                                              S.B. No. 81
       74R737 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of children's advocacy centers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 34, Family Code, is amended by adding
    1-5  Subchapter E to read as follows:
    1-6              SUBCHAPTER E.  CHILDREN'S ADVOCACY CENTERS
    1-7        Sec. 34.701.  DEFINITION.  In this subchapter, "center" means
    1-8  a children's advocacy center.
    1-9        Sec. 34.702.  ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
   1-10  (a)  On the execution of a memorandum of understanding under
   1-11  Section 34.703, a county commissioners court, or two or more
   1-12  commissioners courts of contiguous counties, may establish a
   1-13  children's advocacy center.
   1-14        (b)  A center established by two or more commissioners courts
   1-15  of contiguous counties serves the areas covered by those counties.
   1-16        Sec. 34.703.  INTERAGENCY MEMORANDUM OF UNDERSTANDING.  (a)
   1-17  Before a center may be established under Section 34.702, a
   1-18  memorandum of understanding regarding participation in operation of
   1-19  the center must be executed among:
   1-20              (1)  the division of the Department of Protective and
   1-21  Regulatory Services responsible for child abuse investigations;
   1-22              (2)  representatives of county and municipal law
   1-23  enforcement agencies that investigate child abuse in the area to be
   1-24  served by the center;
    2-1              (3)  the county or district attorney who routinely
    2-2  prosecutes child abuse cases in the area to be served by the
    2-3  center; and
    2-4              (4)  a representative of any other governmental entity
    2-5  that participates in child abuse investigations or offers services
    2-6  to child abuse victims that desires to participate in the operation
    2-7  of the center.
    2-8        (b)  A memorandum of understanding executed under this
    2-9  section shall include the agreement of each participating entity to
   2-10  cooperate in:
   2-11              (1)  developing a cooperative, team approach to
   2-12  investigating child abuse;
   2-13              (2)  reducing, to the greatest extent possible, the
   2-14  number of interviews required of a victim of child abuse to
   2-15  minimize the negative impact of the investigation on the child; and
   2-16              (3)  developing, maintaining, and supporting, through
   2-17  the center, an environment that emphasizes the best interests of
   2-18  children and that provides investigatory and rehabilitative
   2-19  services.
   2-20        Sec. 34.704.  GOVERNING BOARD; ADMINISTRATION OF CENTER.  (a)
   2-21  A county commissioners court that establishes a center under this
   2-22  subchapter shall appoint a governing board for the center that
   2-23  includes at least one representative of each party to the
   2-24  memorandum of understanding executed under Section 34.703.  If a
   2-25  center is established by two or more commissioners courts of
   2-26  contiguous counties, the appointments shall be by agreement of all
   2-27  participating commissioners courts.
    3-1        (b)  A board member serves at the pleasure of the appointing
    3-2  body or bodies.
    3-3        (c)  Service on a center's board by a public officer or
    3-4  employee is an additional duty of the office or employment.
    3-5        (d)  A county commissioners court may employ personnel,
    3-6  perform administrative activities, and provide administrative
    3-7  services necessary for administration of a center.
    3-8        Sec. 34.705.  DUTIES.  A center shall:
    3-9              (1)  assess victims of child abuse and their families
   3-10  to determine their need for services relating to the investigation
   3-11  of child abuse;
   3-12              (2)  provide services determined to be needed under
   3-13  Subdivision (1);
   3-14              (3)  provide a facility at which a multidisciplinary
   3-15  team appointed under Section 34.706 can meet to facilitate the
   3-16  efficient and appropriate disposition of child abuse cases through
   3-17  the civil and criminal justice systems; and
   3-18              (4)  coordinate the activities of governmental entities
   3-19  relating to child abuse investigations and delivery of services to
   3-20  child abuse victims and their families.
   3-21        Sec. 34.706.  MULTIDISCIPLINARY TEAM.  (a)  A center's board
   3-22  shall appoint a multidisciplinary team to work within the center to
   3-23  review new and pending child abuse cases for the purpose of
   3-24  coordinating the activities of entities involved in investigation,
   3-25  prosecution, and victim services.
   3-26        (b)  A multidisciplinary team may review a child abuse case
   3-27  in which the alleged perpetrator does not have custodial control or
    4-1  supervision of the child or is not responsible for the child's
    4-2  welfare or care.
    4-3        (c)  A multidisciplinary team shall consist of persons who
    4-4  are involved in the investigation or prosecution of child abuse
    4-5  cases or the delivery of services to child abuse victims and their
    4-6  families.
    4-7        (d)  A multidisciplinary team shall meet at the call of the
    4-8  board.  The board shall call a meeting of the multidisciplinary
    4-9  team if:
   4-10              (1)  a new child abuse case is received; or
   4-11              (2)  a pending child abuse case requires attention.
   4-12        (e)  At each meeting, the multidisciplinary team shall
   4-13  discuss each active case and the actions of the entities involved
   4-14  in investigation, prosecution, and victim services.
   4-15        Sec. 34.707.  LIABILITY.  (a)  A person is not liable for
   4-16  civil damages for a recommendation made or an opinion rendered in
   4-17  good faith while acting in the official scope of the person's
   4-18  duties as a member of a multidisciplinary team or as a board
   4-19  member, staff member, or volunteer of a center.
   4-20        (b)  The limitation on civil liability of Subsection (a) does
   4-21  not apply if a person's actions constitute gross negligence.
   4-22        SECTION 2.  This Act takes effect September 1, 1995.
   4-23        SECTION 3.  The importance of this legislation and the
   4-24  crowded condition of the calendars in both houses create an
   4-25  emergency and an imperative public necessity that the
   4-26  constitutional rule requiring bills to be read on three several
   4-27  days in each house be suspended, and this rule is hereby suspended.