SRC-CDH S.B. 919 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 919
By: Moncrief
Criminal Justice
3-19-97
As Filed


DIGEST 

Currently, the Texas Department of Health (TDH) has authority for the
Sexual Assault Prevention and Crisis Services Program and contracts with
the attorney general's office to implement the program; however, TDH is
not involved in running the program.  This legislation transfers the
authority for the program from TDH to the attorney general in an effort to
consolidate the oversight and administration of sexual assault prevention
and crisis services.   

PURPOSE

As proposed, S.B. 919 provides for the transfer of the Sexual Assault
Prevention and Crisis Services program from the Texas Department of Health
to the Office of the Attorney General and establishes related provisions.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the attorney general in SECTION 1
(Sections 420.004(b), 420.005(c), and 420.009(a)-(c), Chapter 420A,
Government Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 4, Government Code, by adding Chapter 420, as
follows: 

CHAPTER 420.  SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 420.001.  SHORT TITLE:  Sexual Assault Prevention and Crisis Services
Act.   

Sec. 420.002.  PURPOSE.  Sets forth the purpose of this chapter.
 
Sec. 420.003.  DEFINITIONS.  Defines "program," "service," "sexual
assault," "sexual assault examiner," "sexual assault nurse examiner,"
"sexual assault program," and "survivor." 

Sec. 420.004.  SERVICE.  Provides that the Sexual Assault Prevention and
Crisis Service Division is in the office of the attorney general.
Authorizes the attorney general to adopt rules relating to assigning
service areas, monitoring services, distributing funds, and collecting
information from programs. 

Sec. 420.005.  GRANTS.  Sets forth the terms by which the attorney general
is authorized to award grants, and the services a program is required to
provide in order to be eligible for a grant.  Requires the attorney
general, by rule, to require a program receiving a grant to submit certain
financial reports; submit to an annual audit; cooperate during
site-monitoring visits; and offer minimum services.  Provides that this
section does not prohibit a program from offering any additional service.
Establishes that a grant is governed by the Uniform Grant and Contract
Management Act of 1981 and rules adopted under that Act.  Sets forth the
terms by which the receipt of grant money by a program is authorized to be
suspended, and by which a hearing is required to be held.   

 Sec. 420.006.  FUNDING.  Authorizes the attorney general to receive
grants, gifts, or appropriations of money from certain sources to finance
the grant program.  Prohibits the attorney general from using more than 15
percent of the annual legislative appropriation to the service for the
administration of this chapter.  Provides that the sexual assault
prevention and crisis services fund is in the state treasury, and
establishes the use of those moneys.    

Sec. 420.0061.  SEXUAL ASSAULT PROGRAM FUND.  Sets forth the terms under
which the sexual assault program fund is a special account in the general
revenue fund consisting of fees collected by a certain method.  Authorizes
the legislature to appropriate fund money only to the attorney general to
finance the grant program.    

Sec. 420.007.  REPORT.  Establishes the conditions under which the
attorney general is required to publish a report on the service containing
certain information.  Requires a copy of the report to be submitted to
certain persons and entities.   

Sec. 420.008.  CONFIDENTIALITY.  Prohibits the attorney general from
disclosing any information received from reports, collected case
information, or site-monitoring visits that would identify a person
working at or receiving services from a program.     

Sec. 420.009.  CERTIFICATION AND RULES.  Authorizes the attorney general
to adopt rules necessary to implement this chapter; and requires the
attorney general to adopt rules establishing minimum standards for the
certification of a sexual assault program, and a sexual assault nurse
examiner.  Requires the attorney general to develop minimum standards for
program certification standards; conditions under which a program that is
in violation may be suspended, decertified, or placed on probation;
examiner training courses; criteria for interstate reciprocity of sexual
assault nurse examiners; and conditions under which a nurse examiner may
be suspended, decertified, or placed on probation. 

Sec. 420.010.  CONSULTATIONS.  Requires the attorney general to consult
persons and organizations having knowledge and experience relating to
sexual assault. 

Sec. 420.011.  DEPOSIT BY COMPTROLLER; AUDIT.  Sets forth the terms by
which the comptroller is required to deposit moneys received or credited
to the program in the fund; and by which moneys collected and spent are
subject to audit. 

Sec. 420.012.  ATTORNEY GENERAL SUPERVISION OF COLLECTION OF COSTS;
FAILURE TO COMPLY.  Establishes the terms under which the attorney general
shall send a warning letter to the court or the governing body of the
governmental unit in which the court is located for failure to assess or
collect costs; the court or governing body shall respond in writing; the
comptroller shall conduct an audit of the appropriate entity; and the
attorney general may refuse award grants or notify the State Commission on
Judicial Conduct.  Provides that the 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.  EVIDENCE COLLECTION PROTOCOL; KITS.  Sets forth the terms
by which the service is required to develop an evidence collection
protocol that includes collection procedures and a list of requirements
for the contents of an evidence collection kit. Sets forth the terms by
which a law enforcement agency is required to pay the costs  of the
evidence collection kit, and is not required to pay the costs of treatment
for injuries. Prohibits evidence collected under this section from being
released unless certain conditions are met.  Provides that failure to
comply with evidence collection procedures or requirements does not affect
the admissibility of the evidence in a trial of the offense.   

SECTION 2. Repealer:  Chapter 44, Health and Safety Code (Sexual Assault
Prevention and Crisis Services). 
 
SECTION 3. Severability clause.   

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.