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.