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.
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