LSL H.B. 2561 75(R) BILL ANALYSIS PUBLIC HEALTH H.B. 2561 By: Gallegos 4-9-97 Committee Report (Unamended) BACKGROUND The Sexual Assault Prevention and Crisis Services Program (SAPCSP) is responsible for administering the state and federal funds dedicated to assisting victims of sexual assault. The program funds rape crisis centers, sexual assault prevention programs and other related local and state initiatives serving victims of sexual violence. In addition to providing grant monies, SAPCSP also assists the law enforcement, criminal justice, human services, medical and education communities through training and technical assistance. The program is responsible for promulgating rules relating to evidence collection protocol and is the primary force behind training Sexual Assault Nurse Examiners throughout the state. Additionally, the program publishes a number of materials for public education purposes for use by victims, advocates and professionals. In February 1996, the Sexual Assault Prevention and Crisis Services Program was moved by contract from the Texas Department of Health to the Office of the Attorney General. The primary catalyst behind the program transfer was an interest on behalf of the program to be housed with other victim service related programs. Housing this program with other victim service related programs within the OAG allows for better cooperation and less duplication of services to victims. PURPOSE H.B. 2561 transfers the statutory responsibility for administering the Sexual Assault Prevention and Crisis Services program from the Texas Department of Health to the Office of the Attorney General. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Attorney General in SECTION 1 (Sec. 420.010(b) and (c), Chapter 420, Government Code). Existing rulemaking authority is transferred from the Texas Board of Health to the Attorney General in SECTION 1 (Sec. 420.004(b), Sec. 420.005(c) and Sec. 420.010(a), Chapter 420, Government Code). SECTION BY SECTION ANALYSIS SECTION 1. Redesignates Chapter 44, Health and Safety Code, as Chapter 420, Government Code, and amends it as follows: SUBCHAPTER A. GENERAL PROVISIONS Sec. 420.001 makes a nonsubstantive change. Sec. 420.002 makes a nonsubstantive change. Sec. 420.003 makes nonsubstantive and conforming changes. The definition of "sexual assault" is modified, and the definitions of "sexual assault examiner" and "sexual assault nurse examiner" are added. Sec. 420.004 makes a nonsubstantive change, and replaces the references to the department and board with the office of the attorney general. Rulemaking authority is transferred from the Texas Board of Health to the Attorney General in subsection (b). Sec. 420.005 makes conforming changes. Also changes a reference from the Uniform Grant and Contract Management Act of 1981 to Chapter 783, Government Code. Rulemaking authority is transferred from the Texas Board of Health to the Attorney General in subsection (c). Sec. 420.006 makes a nonsubstantive and conforming changes. Subsection (c) is added and provides that the sexual assault prevention and crisis services fund is a special account in the general revenue fund, and may only be used as provided by the subchapter and are not available for any other purpose. Sec. 420.007 makes nonsubstantive and conforming changes. Sec. 420.008 makes a nonsubstantive and conforming change, and changes the reporting deadline from "before October 31" to "not later than December 10" of each evennumbered year. Sec. 420.009 makes a nonsubstantive and conforming change. Sec. 420.010. Subsection (a) transfers rulemaking authority from the Texas Board of Health to the Attorney General. Subsection (b) requires the attorney general to adopt rules establishing minimum standards for certification of a sexual assault program and to impose a $25.00 fee for each program seeking certification. Provides that the certification is valid for two years. Requires the attorney general to also adopt rules establishing minimum standards for the suspension, decertification or probation of a program that violates this chapter. Subsection (c) requires the attorney general to adopt rules establishing minimum standards for the certification of a sexual assault nurse examiner, as specified. Provides that the certification is valid for two years. Requires the attorney general to also adopt rules establishing minimum standards for the suspension, decertification or probation of a sexual assault nurse examiner who violates this chapter. Makes nonsubstantive and conforming changes. Sec. 420.011 makes a nonsubstantive and conforming change. Sec. 420.012 Subsection (a) requires the comptroller to deposit any monies received under this subchapter and all other monies credited to the program in the sexual assault prevention and crisis services fund. Subsection (b) provides that all monies collected in accordance with this subchapter are subject to audit by the comptroller and monies spent are subject to audit by the state auditor. Sec. 420.013 Subsection (a) requires the attorney general to send a warning letter to the court or to the governing body where the court is located, if it is reasonably believed that a court or community supervision office has not been assessing appropriate costs. Subsection (b) requires the court or governing body to respond in writing to the charges of the warning letter within 60 days. Subsection (c) allows the attorney general to request the comptroller to audit the records of the court; the community supervision office; the officer charged with collecting the costs; or the treasury of the governmental unit in which the court is located, in the event that there is no response to the warning letter. Subsection (d) requires the comptroller to provide the attorney general with the results of the audit. Subsection (e) provides enforcement measures for the attorney general in the event the audit results and other evidence proves that a court or a community supervision office is not assessing appropriate costs or fees. Subsection (f) establishes that failure, refusal or neglect of a judicial officer to comply with a requirement of this subchapter constitutes official misconduct and is grounds for removal from office. SUBCHAPTER B. COLLECTION AND PRESERVATION OF EVIDENCE OF SEX OFFENSE Sec. 420.031 makes nonsubstantive and conforming changes. SECTION 2. Provides that this Act takes effect September 1, 1997. SECTION 3. Emergency clause.