1-1 By: Goodman, et al. (Senate Sponsor - Lindsay) H.B. No. 2208
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on Human
1-4 Services; April 26, 1999, rereferred to Committee on Jurisprudence;
1-5 May 11, 1999, reported favorably by the following vote: Yeas 3,
1-6 Nays 0; May 11, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the authority of the office of the attorney general to
1-10 contract with a statewide organization to provide services to
1-11 children's advocacy centers.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 264.409, Family Code, is amended to read
1-14 as follows:
1-15 Sec. 264.409. Administrative Contracts. (a) The department
1-16 or the office of the attorney general may contract with a statewide
1-17 organization of individuals or groups of individuals who have
1-18 expertise in the establishment and operation of children's advocacy
1-19 center programs. The statewide organization shall provide
1-20 training, technical assistance, and evaluation services for local
1-21 children's advocacy center programs.
1-22 (b) If the office of the attorney general enters into a
1-23 contract under this section, the contract must provide that the
1-24 statewide organization may not spend annually for administrative
1-25 purposes more than 12 percent of the annual amount appropriated to
1-26 the office of the attorney general for purposes of this section.
1-27 SECTION 2. Section 264.410, Family Code, is amended to read
1-28 as follows:
1-29 Sec. 264.410. Contracts With Children's Advocacy Centers.
1-30 (a) The statewide organization with which the department or the
1-31 office of the attorney general contracts under Section 264.409
1-32 shall contract for services with eligible centers to enhance the
1-33 existing services of the programs.
1-34 (b) The contract under this section may not result in
1-35 reducing the financial support a local center receives from another
1-36 source.
1-37 (c) If the attorney general enters into a contract with a
1-38 statewide organization under Section 264.409, the attorney general
1-39 by rule shall adopt standards for eligible local centers. The
1-40 statewide organization shall assist the attorney general in
1-41 developing the standards.
1-42 SECTION 3. Section 264.411, Family Code, is amended to read
1-43 as follows:
1-44 Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public
1-45 entity or nonprofit entity is eligible for a contract under Section
1-46 264.410 if the entity:
1-47 (1) has a signed memorandum of understanding as
1-48 provided by Section 264.403;
1-49 (2) operates under the authority of a governing board
1-50 as provided by Section 264.404;
1-51 (3) has a multidisciplinary team of persons involved
1-52 in the investigation or prosecution of child abuse cases or the
1-53 delivery of services as provided by Section 264.406;
1-54 (4) holds regularly scheduled case reviews as provided
1-55 by Section 264.406;
1-56 (5) operates in a neutral and physically separate
1-57 space from the day-to-day operations of any public agency partner;
1-58 (6) has developed a method of statistical information
1-59 gathering on children receiving services through the center and
1-60 shares such statistical information with the statewide
1-61 organization, [and] the department, and the office of the attorney
1-62 general when requested;
1-63 (7) has an in-house volunteer program;
1-64 (8) employs an executive director who is answerable to
2-1 the board of directors of the entity and who is not the exclusive
2-2 salaried employee of any public agency partner; and
2-3 (9) operates under a working protocol that includes a
2-4 statement of:
2-5 (A) the center's mission;
2-6 (B) each agency's role and commitment to the
2-7 center;
2-8 (C) the type of cases to be handled by the
2-9 center; and
2-10 (D) procedure for case reviews.
2-11 (b) The statewide organization may waive the requirements
2-12 specified in Subsection (a) if it determines that the waiver will
2-13 not adversely affect the center's ability to carry out its duties
2-14 under Section 264.405. Any waiver that is granted must be
2-15 identified in the written contract with the center. [If a request
2-16 for a waiver is denied, an appeal of the decision may be made to
2-17 the department's executive director, who may reverse the decision.
2-18 If the executive director approves a request for a waiver on
2-19 appeal, the statewide organization shall contract with the center
2-20 and shall include the waiver in the contract.]
2-21 SECTION 4. This Act takes effect September 1, 1999.
2-22 SECTION 5. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 * * * * *