By Lindsay                                             S.B. No. 994
         76R6359 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to administration and funding of children's advocacy
 1-3     centers.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 264.409, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 264.409.  ADMINISTRATIVE CONTRACTS.  The attorney
 1-8     general [department] may contract with a statewide organization of
 1-9     individuals or groups of individuals who have expertise in the
1-10     establishment and operation of children's advocacy center programs.
1-11     The statewide organization shall provide training, technical
1-12     assistance, and evaluation services for local children's advocacy
1-13     center programs.
1-14           SECTION 2.  Section 264.410(a), Family Code, is amended to
1-15     read as follows:
1-16           (a)  The statewide organization with which the attorney
1-17     general [department] contracts under Section 264.409 shall contract
1-18     for services with eligible centers to enhance the existing services
1-19     of the programs.
1-20           SECTION 3.  Section 264.411, Family Code, is amended to read
1-21     as follows:
1-22           Sec. 264.411.  ELIGIBILITY FOR CONTRACTS.  (a)  A public
1-23     entity or nonprofit entity is eligible for a contract under Section
1-24     264.410 if the entity:
 2-1                 (1)  has a signed memorandum of understanding as
 2-2     provided by Section 264.403;
 2-3                 (2)  operates under the authority of a governing board
 2-4     as provided by Section 264.404;
 2-5                 (3)  has a multidisciplinary team of persons involved
 2-6     in the investigation or prosecution of child abuse cases or the
 2-7     delivery of services as provided by Section 264.406;
 2-8                 (4)  holds regularly scheduled case reviews as provided
 2-9     by Section 264.406;
2-10                 (5)  operates in a neutral and physically separate
2-11     space from the day-to-day operations of any public agency partner;
2-12                 (6)  has developed a method of statistical information
2-13     gathering on children receiving services through the center and
2-14     shares such statistical information with the statewide
2-15     organization, [and] the department, and the attorney general when
2-16     requested;
2-17                 (7)  has an in-house volunteer program;
2-18                 (8)  employs an executive director who is answerable to
2-19     the board of directors of the entity and who is not the exclusive
2-20     salaried employee of any public agency partner; and
2-21                 (9)  operates under a working protocol that includes a
2-22     statement of:
2-23                       (A)  the center's mission;
2-24                       (B)  each agency's role and commitment to the
2-25     center;
2-26                       (C)  the type of cases to be handled by the
2-27     center; and
 3-1                       (D)  procedure for case reviews.
 3-2           (b)  The statewide organization may waive the requirements
 3-3     specified in Subsection (a) if it determines that the waiver will
 3-4     not adversely affect the center's ability to carry out its duties
 3-5     under Section 264.405.  Any waiver that is granted must be
 3-6     identified in the written contract with the center.  If a request
 3-7     for a waiver is denied, an appeal of the decision may be made to
 3-8     the attorney general or a person designated by the attorney general
 3-9     [department's executive director], who may reverse the decision.
3-10     If the attorney general or the person designated by the attorney
3-11     general [executive director] approves a request for a waiver on
3-12     appeal, the statewide organization shall contract with the center
3-13     and shall include the waiver in the contract.
3-14           SECTION 4.  Subchapter B, Chapter 412, Government Code, is
3-15     amended by adding Section 412.017 to read as follows:
3-16           Sec. 412.017.  FUNDING FOR CHILDREN'S ADVOCACY CENTERS.  The
3-17     attorney general, from funds appropriated to the institute under
3-18     Section 56.541(c), Code of Criminal Procedure, may provide
3-19     financial support to a statewide organization that contracts with
3-20     the attorney general under Section 264.409, Family Code.  The
3-21     financial support must be used to benefit children's advocacy
3-22     centers eligible for assistance under Section 264.411, Family Code.
3-23           SECTION 5.  This Act takes effect September 1, 1999.
3-24           SECTION 6.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended.