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
2-1 shall contract for services with eligible centers to enhance the
2-2 existing services of the programs.
2-3 (b) The contract under this section may not result in
2-4 reducing the financial support a local center receives from another
2-5 source.
2-6 (c) If the attorney general enters into a contract with a
2-7 statewide organization under Section 264.409, the attorney general
2-8 by rule shall adopt standards for eligible local centers. The
2-9 statewide organization shall assist the attorney general in
2-10 developing the standards.
2-11 SECTION 3. Section 264.411, Family Code, is amended to read
2-12 as follows:
2-13 Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public
2-14 entity or nonprofit entity is eligible for a contract under Section
2-15 264.410 if the entity:
2-16 (1) has a signed memorandum of understanding as
2-17 provided by Section 264.403;
2-18 (2) operates under the authority of a governing board
2-19 as provided by Section 264.404;
2-20 (3) has a multidisciplinary team of persons involved
2-21 in the investigation or prosecution of child abuse cases or the
2-22 delivery of services as provided by Section 264.406;
2-23 (4) holds regularly scheduled case reviews as provided
2-24 by Section 264.406;
2-25 (5) operates in a neutral and physically separate
2-26 space from the day-to-day operations of any public agency partner;
2-27 (6) has developed a method of statistical information
3-1 gathering on children receiving services through the center and
3-2 shares such statistical information with the statewide
3-3 organization, [and] the department, and the office of the attorney
3-4 general when requested;
3-5 (7) has an in-house volunteer program;
3-6 (8) employs an executive director who is answerable to
3-7 the board of directors of the entity and who is not the exclusive
3-8 salaried employee of any public agency partner; and
3-9 (9) operates under a working protocol that includes a
3-10 statement of:
3-11 (A) the center's mission;
3-12 (B) each agency's role and commitment to the
3-13 center;
3-14 (C) the type of cases to be handled by the
3-15 center; and
3-16 (D) procedure for case reviews.
3-17 (b) The statewide organization may waive the requirements
3-18 specified in Subsection (a) if it determines that the waiver will
3-19 not adversely affect the center's ability to carry out its duties
3-20 under Section 264.405. Any waiver that is granted must be
3-21 identified in the written contract with the center. [If a request
3-22 for a waiver is denied, an appeal of the decision may be made to
3-23 the department's executive director, who may reverse the decision.
3-24 If the executive director approves a request for a waiver on
3-25 appeal, the statewide organization shall contract with the center
3-26 and shall include the waiver in the contract.]
3-27 SECTION 4. This Act takes effect September 1, 1999.
4-1 SECTION 5. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2208 was passed by the House on April
16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2208 was passed by the Senate on May
18, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor