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


Office of House Bill AnalysisH.B. 2208
By: Goodman
Juvenile Justice and Family Issues
3/11/1999
Introduced



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 (department).  During the 75th Legislative Session, the
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.  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 the department, some people perceive the program as belonging to
the department.  This perception may undermine 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 the
department 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 or the Department of Protective and Regulatory
Services 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 a contract entered into by
the attorney general to authorize the statewide organization to spend  for
administrative purposes not more than 12 percent of the annual legislative
appropriation to implement this subchapter (Children's Advocacy Centers). 

SECTION 2.  Amends Section 264.410, Family Code, to require the attorney
general, by rule, to adopt standards for a local children's advocacy center
program 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 delete existing text
regarding the appeal process when a statewide organization's waiver of
specific requirements is denied.  The requirements establish the
organization's eligibility for a contract. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.