SRC-ARR H.B. 2208 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2208
76R9569 KKA-DBy: Goodman (Lindsay)
Jurisprudence
4/29/1999
Engrossed


DIGEST 

The 74th Texas Legislature adopted legislation which created a children's
advocacy center program (program) for local communities, with the program's
funding funneled through the Department of Protective and Regulatory
Services (department).  The 75th Legislature authorized the department to
enter into a contract with a statewide organization that has expertise in
the establishment and operation of children's advocacy center programs.
Since the program's funding is channeled through the department, some
people perceive the program as belonging to the department. This perception
may undermine the effectiveness of providing a neutral setting in which all
investigative and prosecutorial agencies work together on an equal basis
for the best interests of children. H.B. 2208 would authorize the Office of
the Attorney General or the department to contract with a statewide
organization with expertise in the establishment and operation of
children's advocacy centers.  

PURPOSE

As proposed, H.B. 2208 authorizes the office of the attorney general to
contract with a statewide organization to provide services to children's
advocacy centers. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the office of the attorney general in
SECTION 2 (Section 264.410(c), Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 264.409, Family Code, as follows:

Sec. 264.409. ADMINISTRATIVE CONTRACTS. Authorizes the Department of
Protective and Regulatory Services (department) or the office of the
attorney general to contract with a statewide organization of individuals
or groups of individuals who have expertise in the establishment and
operation of children's advocacy center programs. Requires the contract to
provide that the statewide organization may not spend annually for
administrative purposes more than 12 percent of the annual amount
appropriated to the office of the attorney general for purposes of this
section, if the office enters into a contract under this section. 

SECTION 2. Amends Section 264.410, Family Code, to require the attorney
general, by rule, to adopt standards for eligible local centers, if the
attorney general enters into a contract with a statewide organization under
Section 264.409. Makes a conforming change. 

SECTION 3. Amends Section 264.411, Family Code, to provide that a public
entity or nonprofit entity is eligible for a contract under Section 264.410
if the entity has developed a method of statistical information gathering
on children receiving services through the center and shares such
statistical information with the statewide organization, the department,
and the office of the attorney general when requested. Deletes text
regarding a request for a waiver. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.