HBA-SEB H.B. 2208 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2208
By: Goodman
Juvenile Justice and Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE 

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 (DPRS).  During the 75th Legislative Session, the legislature
authorized DPRS to enter into a contract with a statewide organization that
has expertise in the establishment and operation of children's advocacy
center programs.  It also addressed issues of information sharing between
partner agencies working in the setting of a children's advocacy center.
Since the program's funding is channeled through DPRS, some people perceive
the program as belonging to DPRS.  This perception may have undermined the
effectiveness of providing a neutral setting where all investigative and
prosecutorial agencies work together on an equal basis for the best
interests of children.   

H.B. 2208 authorizes the Office of the Attorney General (OAG) or DPRS to
contract with a statewide organization with expertise in the establishment
and operation of children's advocacy centers in order to enhance the
program and requires OAG to adopt standards with respect to the program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Office of the Attorney General in
SECTION 2 (Section 264.410, Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 264.409, Family Code, to authorize the Office of
the Attorney General (OAG) or the Department of Protective and Regulatory
Services (DPRS) 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.  Provides that if OAG enters into a
contract, the contract must provide that the statewide organization may not
annually spend for administrative purposes more than 12 percent of the
annual amount appropriated to OAG for the purposes of this section.   

SECTION 2.  Amends Section 264.410, Family Code, to require the attorney
general, by rule, to adopt standards for eligible local children's advocacy
centers if the attorney general enters into a contract pursuant to this
section (Contracts with Children's Advocacy Centers).  Requires the
statewide organization to assist the attorney general in developing the
standards.  Makes a conforming change. 

SECTION 3.  Amends Section 264.411, Family Code, to provide that a public
or nonprofit entity must share statistical information with the OAG, along
with the statewide organization and DPRS, when requested, regarding the
children receiving services through the advocacy center in order for the
entity to be eligible for a contract.  Deletes existing text regarding the
appeal process when a statewide organization's waiver of eligibility
requirements is denied.   

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.