SRC-JEC C.S.S.B. 47 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 47
77R8819 KLA-DBy: Zaffirini
Health & Human Services
3/9/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, Texas funds certain family violence centers.  C.S.S.B. 47
expands the code to allow state funding for certain nonresidential family
violence centers, in order to reach a wider population of people in need of
domestic violence services.  It also requires the Department of Human
Services to develop and maintain a state plan for the delivery of family
violence services and to coordinate the provision of violence prevention
services for children and youth. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Chapter 51, Human Resources Code, to read
as follows: 

CHAPTER 51. FAMILY VIOLENCE CENTERS

SECTION 2. Amends Section 51.001, Human Resources Code, to delete text
regarding shelters. 

SECTION 3. Amends Section 51.002, Human Resources Code, to define "family,"
"family violence," "family violence center," "family violence
nonresidential center," "family violence special project," "household," and
"member of a household."  Redefines "family violence shelter center" and
"victim of family violence." 

SECTION 4. Amends Chapter 51, Human Resources Code, by adding Section
51.0021, as follows: 

Sec. 51.0021. FAMILY VIOLENCE SERVICES PLAN.  Requires the Texas Department
of Human Services (department) to develop and maintain a plan for
delivering family violence services in this state.  Requires the department
to consider the geographic distribution of services and the need for
services, including the need for increasing services for underserved
populations, in developing the plan under this section.   

SECTION 5. Amends Section 51.003, Human Resources Code, to require the
department to contract for services with family violence centers, rather
than family violence shelter centers, with consideration given to the plan
for family violence services under Section 51.0021, rather than geographic
distribution and need.  Authorizes the department to contract with a family
violence special project for services. Requires the department to consider
the plan for family violence services under Section 51.0021 in contracting
with the family violence special project.  Requires activities contracted
for under this subsection, rather than a contract, to include, rather than
require, the provision of technical assistance and training for family
violence centers.  Authorizes the department to contract for, rather than
require, the provision of certain activities for certain professionals who
work with victims of family violence. Requires the department to award all
contracts through a competitive bidding process unless that process would
not be cost-effective.  Makes conforming and nonsubstantive changes. 
 
SECTION 6. Amends Section 51.004, Human Resources Code, to require a family
violence shelter center, rather than public or private nonprofit
organization, to meet certain conditions  to be eligible for a contract
under Section 51.003(a).  Requires a family violence nonresidential center
to meet certain conditions to be eligible for a contract under Section
51.003(a).  Requires the department to consider certain factors in awarding
contracts under Section 51.003(a).  Requires a family violence special
project to meet certain conditions to be eligible for a contract under
Section 51.003(b).  Makes conforming and nonsubstantive changes. 

SECTION 7.  Amends Section 51.005, Human Resources Code, to require the
department to contract only with public or private nonprofit organizations,
rather than family violence shelter centers, that fulfill the requirements
of this chapter.  Requires persons operating a family violence center to
meet certain conditions.  Makes conforming and nonsubstantive changes. 

SECTION 8. Amends Section 51.006, Human Resources Code, to make a
conforming change. 

SECTION 9. Amends Section 51.007, Human Resources Code, to make a
conforming change. 

SECTION 10. Amends Section 51.001(b), Human Resources Code, to make
conforming and nonsubstantive changes. 

SECTION 11. Amends Chapter 51, Human Resources Code, by adding Section
51.012, as follows: 

Sec. 51.012. COORDINATION OF SERVICES. Requires the department and the
Department of Protective and Regulatory Services to coordinate the
provision of violence prevention services for children. 

SECTION 12. Requires the department to develop the plan for delivering
family violence services required by Section 51.0021, Human Resources Code,
as added by this Act, not later than January 1, 2002. 

SECTION 13. Makes application of Sections 51.003, 51.004, and 51.005, Human
Resources Code, as amended by this Act, prospective. 

SECTION 14. Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original as follows:

SECTION 3.  Removes intentional sexual assault from the definition of
"family violence."  Changes the definition of "family violence
nonresidential center" to remove the requirement that a program not provide
any residential services.  Makes a correction in the definition of "member
of a household." 

SECTION 6.  Makes a clarification in the requirements relating to
eligibility for a contract under Section 51.003(b), Human Resources Code. 

SECTION 7.  Replaces "family violence centers" with "public or private
nonprofit organizations" in the requirements regarding eligibility to
contract with the department.