Amend HB 3255 by adding the following sections, appropriately
numbered, and renumbering subsequent sections of the bill
accordingly:
SECTION ____. The chapter heading to Chapter 51, Human
Resources Code, is amended to read as follows:
CHAPTER 51. FAMILY VIOLENCE CENTERS <SHELTERS>
SECTION ____. Section 51.002, Human Resources Code, is
amended to read as follows:
Sec. 51.002. DEFINITIONS. In this chapter:
(1) "Family violence center" includes a family
violence shelter center and a family violence nonresidential
center.
(2) "Family violence nonresidential center" means a
program that:
(A) is operated by a public or private nonprofit
organization; and
(B) provides comprehensive services to victims
of family violence that do not include providing residential
shelter to those victims.
(3) "Family violence shelter center" means a program
that is operated by a public or private nonprofit organization and
that provides residential and nonresidential <shelter and> services
to victims of family violence.
(4) "Family violence" has the meaning assigned by
Chapter 71, Family Code <(2) "Victim of family violence" means:>
<(A) an adult who is subjected to physical force
or the threat of physical force by another who is related by
affinity or consanguinity, as determined under Chapter 573,
Government Code, to that adult, who is a former spouse of that
adult, or who resides in the same household with that adult; or>
<(B) an individual, other than an individual
using physical force or the threat of physical force, who resides
in the same household with a victim of family violence as defined
in Paragraph (A) of this subdivision>.
SECTION ____. Section 51.003, Human Resources Code, is
amended to read as follows:
Sec. 51.003. CONTRACTS. (a) The Texas Department of Human
Services shall contract for services with family violence <shelter>
centers with consideration given to geographic distribution and
need. These contracts are to expand existing family violence
<shelter> center services and may not result in reducing financial
support a family violence <shelter> center receives from another
source. The contracts shall not provide for more than 75 percent
of the cost of the family violence <shelter> center program. The
department shall develop a declining scale of state financial
support for family violence <shelter> centers, declining over a
six-year period from the initiation of each individual contract,
with no more than 50 percent of a family violence <shelter> center
program's funding to be provided by the state after the sixth year.
The balance each year shall be provided from other sources. The
department may adopt rules which will allow exceptions to the above
scale in individual instances when a family violence <shelter>
center shall demonstrate that exigent circumstances require such a
waiver.
(b) The department shall contract statewide for activities
that support and advance the work of family violence <shelter>
centers. Activities contracted for under this subsection <A
contract> must include <require> the provision of technical
assistance and training for family violence <shelter> centers. The
department may contract for <may require> the provision of public
education, consultation to the department, research, evaluation,
and liaison and training for other professionals who work with
victims of family violence, including professionals in the criminal
justice, medical, and social services fields, and for community or
civic groups.
(c) The department shall award all contracts made under
Subsection (b) through a competitive bidding process unless that
process would not be cost-effective.
SECTION ____. Section 51.004, Human Resources Code, is
amended to read as follows:
Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
contract under Section 51.003(a) <of this code>, a family violence
shelter center <public or private nonprofit organization> must:
(1) provide <operate a family violence shelter center
that provides> temporary lodging and social services for adults and
their children who have left or have been removed from the family
home because of family violence;
(2)<. The family violence shelter center must> have
been in actual operation offering shelter services 24 hours a day
with a capacity for not less than five persons for at least nine
months before the date on which <that> the contract is awarded; and
(3) submit a<. The> contract application <must be
submitted> on forms prescribed by the department.
(b) To be eligible for a contract under Section 51.003(a), a
family violence nonresidential center must:
(1) provide, as its primary purpose, direct delivery
of services to victims of family violence that, at a minimum,
include:
(A) safety planning;
(B) counseling services;
(C) information regarding legal options and
availability of legal services; and
(D) assistance and support in accessing legal
services, including accompanying victims in appropriate
circumstances;
(2) demonstrate a system of referring victims of
family violence to at least one family violence shelter center;
(3) have been providing comprehensive services,
including the services described by Subdivision (1), to victims of
family violence for at least two years before the date on which the
contract is awarded;
(4) demonstrate that the center, through the services
it provides, is addressing an otherwise unmet need in the
community; and
(5) submit a contract application on forms prescribed
by the department.
(c) The department shall consider the following factors in
awarding <the> contracts under Section 51.003(a):
(1) the family violence <shelter> center's eligibility
for and use of funds from the federal government, philanthropic
organizations, and voluntary sources;
(2) community support for the family violence
<shelter> center, as evidenced by financial contributions from
civic organizations, local governments, and individuals;
(3) evidence that the family violence <shelter> center
provides services that encourage rehabilitation and effectively
utilizes community resources;
(4) the endorsement and involvement of local law
enforcement officials; and
(5) support for the family violence <shelter> center
through volunteer work, especially volunteer effort by persons who
have been victims of family violence.
(d) <(c)> The department shall use a noncompetitive
procurement procedure if the department determines that there is no
competition between eligible family violence shelter centers for a
service area. If the department determines that there is
competition between eligible family violence shelter centers for a
service area, the department shall award a contract through a
competitive procurement procedure based on the factors in
Subsection (c) <(b)> of this section.
(e) If the department determines that a family violence
nonresidential center provides services that would not be otherwise
available in the service area, the department shall include the
family violence nonresidential center in the noncompetitive
procurement procedure under Subsection (d).
SECTION ____. Section 51.005, Human Resources Code, is
amended to read as follows:
Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
shall contract only with family violence <shelter> centers that
fulfill the requirements of this chapter.
(b) The contracts shall require the persons operating a
family violence <shelter> center to:
(1) make a quarterly and an annual financial report on
a form prescribed by the department;
(2) cooperate with inspections the department makes to
ensure services standards and fiscal responsibility; and
(3) provide as a minimum access to the following:
(A) 24-hour-a-day shelter;
(B) a crisis call hotline available 24 hours a
day;
(C) emergency medical care;
(D) counseling services;
(E) emergency transportation;
(F) legal assistance in the civil and criminal
justice systems;
(G) educational arrangements for children;
(H) information about training for and seeking
employment;
(I) cooperation with criminal justice officials;
(J) community education;
(K) a referral system to existing community
services; and
(L) a volunteer recruitment and training
program.
(c) The contracts may require the persons operating a family
violence <shelter> center to use intake and case study forms.
Forms required shall be developed by the department with
consultation as outlined in Section 51.008 of this subtitle.
SECTION ____. Section 51.006, Human Resources Code, is
amended to read as follows:
Sec. 51.006. REPORT. Not later than November 1 of each
even-numbered year, the department shall publish a report that
summarizes reports from family violence <shelter> centers under
contract with the department and that analyzes the effectiveness of
the contracts authorized by this chapter. The reports must include
information on the expenditure of funds authorized under this
chapter, the services provided, the number of persons for whom a
service was provided, and any other information relating to the
provision of family violence services. The report may be combined
with the report required by Section 21.011. Copies of the report
shall be submitted to the governor, the lieutenant governor, the
speaker of the house of representatives, the Legislative Budget
Board, and the standing committees of the senate and house of
representatives having primary jurisdiction over the department.
SECTION ____. Section 51.007, Human Resources Code, is
amended to read as follows:
Sec. 51.007. CONFIDENTIALITY. The department may not
disclose any information gained through reports, collected case
data, or inspections that would identify a particular center or a
person working at or receiving services at a family violence
<shelter> center.
SECTION ____. Subdivision (3), Subsection (b), Section 30.05,
Penal Code, is amended to read as follows:
(3) "Shelter center" has the meaning assigned by
Section 51.002 <51.002(1)>, Human Resources Code.