By Goodman, Van de Putte, Grusendorf,                 H.B. No. 2208
         76R9569 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the office of the attorney general to
 1-3     contract with a statewide organization to provide services to
 1-4     children's advocacy centers.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 264.409, Family Code, is amended to read
 1-7     as follows:
 1-8           Sec. 264.409.  Administrative Contracts.  (a)  The department
 1-9     or the office of the attorney general may contract with a statewide
1-10     organization of individuals or groups of individuals who have
1-11     expertise in the establishment and operation of children's advocacy
1-12     center programs.  The statewide organization shall provide
1-13     training, technical assistance, and evaluation services for local
1-14     children's advocacy center programs.
1-15           (b)  If the office of the attorney general enters into a
1-16     contract under this section, the contract must provide that the
1-17     statewide organization may not spend annually for administrative
1-18     purposes more than 12 percent of the annual amount appropriated to
1-19     the office of the attorney general for purposes of this section.
1-20           SECTION 2.  Section 264.410, Family Code, is amended to read
1-21     as follows:
1-22           Sec. 264.410.  Contracts With Children's Advocacy Centers.
1-23     (a)  The statewide organization with which the department or the
1-24     office of the attorney general contracts under Section 264.409
1-25     shall contract for services with eligible centers to enhance the
 2-1     existing services of the programs.
 2-2           (b)  The contract under this section may not result in
 2-3     reducing the financial support a local center receives from another
 2-4     source.
 2-5           (c)  If the attorney general enters into a contract with a
 2-6     statewide organization under Section 264.409, the attorney general
 2-7     by rule shall adopt standards for eligible local centers.  The
 2-8     statewide organization shall assist the attorney general in
 2-9     developing the standards.
2-10           SECTION 3.  Section 264.411, Family Code, is amended to read
2-11     as follows:
2-12           Sec. 264.411.  ELIGIBILITY FOR CONTRACTS.  (a)  A public
2-13     entity or nonprofit entity is eligible for a contract under Section
2-14     264.410 if the entity:
2-15                 (1)  has a signed memorandum of understanding as
2-16     provided by Section 264.403;
2-17                 (2)  operates under the authority of a governing board
2-18     as provided by Section 264.404;
2-19                 (3)  has a multidisciplinary team of persons involved
2-20     in the investigation or prosecution of child abuse cases or the
2-21     delivery of services as provided by Section 264.406;
2-22                 (4)  holds regularly scheduled case reviews as provided
2-23     by Section 264.406;
2-24                 (5)  operates in a neutral and physically separate
2-25     space from the day-to-day operations of any public agency partner;
2-26                 (6)  has developed a method of statistical information
2-27     gathering on children receiving services through the center and
 3-1     shares such statistical information with the statewide
 3-2     organization, [and] the department, and the office of the attorney
 3-3     general when requested;
 3-4                 (7)  has an in-house volunteer program;
 3-5                 (8)  employs an executive director who is answerable to
 3-6     the board of directors of the entity and who is not the exclusive
 3-7     salaried employee of any public agency partner; and
 3-8                 (9)  operates under a working protocol that includes a
 3-9     statement of:
3-10                       (A)  the center's mission;
3-11                       (B)  each agency's role and commitment to the
3-12     center;
3-13                       (C)  the type of cases to be handled by the
3-14     center; and
3-15                       (D)  procedure for case reviews.
3-16           (b)  The statewide organization may waive the requirements
3-17     specified in Subsection (a) if it determines that the waiver will
3-18     not adversely affect the center's ability to carry out its duties
3-19     under Section 264.405.  Any waiver that is granted must be
3-20     identified in the written contract with the center.  [If a request
3-21     for a waiver is denied, an appeal of the decision may be made to
3-22     the department's executive director, who may reverse the decision.
3-23     If the executive director approves a request for a waiver on
3-24     appeal, the statewide organization shall contract with the center
3-25     and shall include the waiver in the contract.]
3-26           SECTION 4.  This Act takes effect September 1, 1999.
3-27           SECTION 5.  The importance of this legislation and the
 4-1     crowded condition of the calendars in both houses create an
 4-2     emergency and an imperative public necessity that the
 4-3     constitutional rule requiring bills to be read on three several
 4-4     days in each house be suspended, and this rule is hereby suspended.