By Naishtat H.B. No. 1007
77R3212 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to residential and nonresidential services for victims of
1-3 family violence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The chapter heading to Chapter 51, Human
1-6 Resources Code, is amended to read as follows:
1-7 CHAPTER 51. FAMILY VIOLENCE CENTERS [SHELTERS]
1-8 SECTION 2. Section 51.001, Human Resources Code, is amended
1-9 to read as follows:
1-10 Sec. 51.001. PURPOSE. The purpose of this chapter is to
1-11 promote development of and access to locally based and supported
1-12 nonprofit [shelters and] services for victims of family violence
1-13 throughout the state.
1-14 SECTION 3. Section 51.002, Human Resources Code, is amended
1-15 to read as follows:
1-16 Sec. 51.002. DEFINITIONS. In this chapter:
1-17 (1) "Family" has the meaning assigned by Section
1-18 71.003, Family Code.
1-19 (2) "Family violence" means an act by a member of a
1-20 family or household against another member of the family or
1-21 household that:
1-22 (A) is intended to result in physical harm,
1-23 bodily injury, or assault or that is a threat that reasonably
1-24 places the member in fear of imminent physical harm, bodily injury,
2-1 or assault, but does not include defensive measures to protect
2-2 oneself; or
2-3 (B) is intended to inflict emotional harm,
2-4 including an act of emotional abuse.
2-5 (3) "Family violence center" includes a family
2-6 violence shelter center and a family violence nonresidential
2-7 center.
2-8 (4) "Family violence nonresidential center" means a
2-9 program that:
2-10 (A) is operated by a public or private nonprofit
2-11 organization; and
2-12 (B) provides comprehensive nonresidential
2-13 services to victims of family violence.
2-14 (5) "Family violence shelter center" means a program
2-15 that:
2-16 (A) is operated by a public or private nonprofit
2-17 organization; and
2-18 (B) [that] provides comprehensive residential
2-19 and nonresidential [shelter and] services to victims of family
2-20 violence.
2-21 (6) "Family violence special project" means a project
2-22 that:
2-23 (A) is operated by a public or private nonprofit
2-24 organization; and
2-25 (B) provides at least one specialized family
2-26 violence service.
2-27 (7) "Household" has the meaning assigned by Section
3-1 71.005, Family Code.
3-2 (8) "Member of a household" has the meaning assigned
3-3 by Section 71.006, Family Code.
3-4 (9) [(2)] "Victim of family violence" means:
3-5 (A) an adult member of a family or household who
3-6 is subjected to an act of family violence [physical force or the
3-7 threat of physical force by another who is related by affinity or
3-8 consanguinity, as determined under Chapter 573, Government Code, to
3-9 that adult, who is a former spouse of that adult, or who resides in
3-10 the same household with that adult]; or
3-11 (B) a member of the household of the adult
3-12 described by Paragraph (A) [an individual], other than the member
3-13 of the household who commits the act of family violence, including
3-14 an act of emotional abuse [an individual using physical force or
3-15 the threat of physical force, who resides in the same household
3-16 with a victim of family violence as defined in Paragraph (A) of
3-17 this subdivision].
3-18 SECTION 4. Chapter 51, Human Resources Code, is amended by
3-19 adding Section 51.0021 to read as follows:
3-20 Sec. 51.0021. FAMILY VIOLENCE SERVICES PLAN. (a) The
3-21 department shall develop and maintain a plan for delivering family
3-22 violence services in this state.
3-23 (b) In developing the plan under this section, the
3-24 department shall consider the geographic distribution of services
3-25 and the need for services, including the need for increasing
3-26 services for underserved populations.
3-27 SECTION 5. Section 51.003, Human Resources Code, is amended
4-1 to read as follows:
4-2 Sec. 51.003. CONTRACTS. (a) The department [Texas
4-3 Department of Human Services] shall contract for services with
4-4 family violence [shelter] centers with consideration given to the
4-5 plan for family violence services under Section 51.0021 [geographic
4-6 distribution and need]. These contracts are to expand existing
4-7 family violence [shelter] center services and may not result in
4-8 reducing financial support a family violence [shelter] center
4-9 receives from another source. The contracts shall not provide for
4-10 more than 75 percent of the cost of the family violence [shelter]
4-11 center program. The department shall develop a declining scale of
4-12 state financial support for family violence [shelter] centers,
4-13 declining over a six-year period from the initiation of each
4-14 individual contract, with no more than 50 percent of a family
4-15 violence [shelter] center program's funding to be provided by the
4-16 state after the sixth year. The balance each year shall be
4-17 provided from other sources. The department may adopt rules which
4-18 will allow exceptions to the above scale in individual instances
4-19 when a family violence [shelter] center shall demonstrate that
4-20 exigent circumstances require such a waiver.
4-21 (b) The department may contract with family violence special
4-22 projects for services. The department shall consider the plan for
4-23 family violence services under Section 51.0021 in contracting with
4-24 family violence special projects.
4-25 (c) The department shall contract statewide for activities
4-26 that support and advance the work of family violence [shelter]
4-27 centers. Activities contracted for under this subsection [A
5-1 contract] must include [require] the provision of technical
5-2 assistance and training for family violence [shelter] centers. The
5-3 department may contract for [may require] the provision of public
5-4 education, consultation to the department, research, evaluation,
5-5 and liaison and training for other professionals who work with
5-6 victims of family violence, including professionals in the criminal
5-7 justice, medical, and social services fields, and for community or
5-8 civic groups.
5-9 (d) The department shall award all contracts made under
5-10 Subsection (c) through a competitive bidding process unless that
5-11 process would not be cost-effective.
5-12 SECTION 6. Section 51.004, Human Resources Code, is amended
5-13 to read as follows:
5-14 Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
5-15 contract under Section 51.003(a) [of this code], a family violence
5-16 shelter center [public or private nonprofit organization] must:
5-17 (1) provide [operate a family violence shelter center
5-18 that provides] temporary lodging and direct delivery of [social]
5-19 services for adults and their dependents;
5-20 (2) [children who have left or have been removed from
5-21 the family home because of family violence. The family violence
5-22 shelter center must] have been in actual operation offering shelter
5-23 services 24 hours a day with a capacity for not less than five
5-24 persons for at least one year [nine months] before the date on
5-25 which [that] the contract is awarded;
5-26 (3) demonstrate that the center, through the services
5-27 it provides, is addressing a need in the community consistent with
6-1 the plan for family violence services under Section 51.0021; and
6-2 (4) submit a [. The] contract application [must be
6-3 submitted] on forms prescribed by the department.
6-4 (b) To be eligible for a contract under Section 51.003(a), a
6-5 family violence nonresidential center must:
6-6 (1) provide, as its primary purpose, direct delivery
6-7 of services to adult victims of family violence;
6-8 (2) demonstrate a system of referring victims of
6-9 family violence to at least one family violence shelter center or
6-10 other safe temporary lodging;
6-11 (3) have been operating and providing comprehensive
6-12 services, including the services described by Section 51.005(b)(3),
6-13 to victims of family violence for at least one year before the date
6-14 on which the contract is awarded;
6-15 (4) demonstrate that the center, through the services
6-16 it provides, is addressing a need in the community consistent with
6-17 the plan for family violence services under Section 51.0021; and
6-18 (5) submit a contract application on forms prescribed
6-19 by the department.
6-20 (c) The department shall consider the following factors in
6-21 awarding [the] contracts under Section 51.003(a):
6-22 (1) the family violence [shelter] center's eligibility
6-23 for and use of funds from the federal government, philanthropic
6-24 organizations, and voluntary sources;
6-25 (2) community support for the family violence
6-26 [shelter] center, as evidenced by financial contributions from
6-27 civic organizations, local governments, and individuals;
7-1 (3) evidence that the family violence [shelter] center
7-2 provides services that encourage self-sufficiency [rehabilitation]
7-3 and effectively uses [utilizes] community resources;
7-4 (4) evidence of [the endorsement and] involvement with
7-5 [of] local law enforcement officials; and
7-6 (5) support for the family violence [shelter] center
7-7 through volunteer work, especially volunteer effort by persons who
7-8 have been victims of family violence.
7-9 (d) To be eligible for a contract under Section 51.003(b), a
7-10 family violence special project must:
7-11 (1) provide:
7-12 (A) community education relating to family
7-13 violence; or
7-14 (B) direct delivery of services for adult
7-15 victims of family violence or their children;
7-16 (2) demonstrate a system of referring victims of
7-17 family violence to at least one family violence shelter center or
7-18 other safe temporary lodging;
7-19 (3) demonstrate that the project, through the services
7-20 it provides, is addressing a need in the community consistent with
7-21 the plan for family violence services under Section 51.0021;
7-22 (4) demonstrate that the underserved or special
7-23 population to be served by the project is involved in the project's
7-24 design and implementation, if applicable; and
7-25 (5) submit a contract application on forms prescribed
7-26 by the department.
7-27 (e) [(c)] The department shall use a noncompetitive
8-1 procurement procedure if the department determines that there is no
8-2 competition between eligible family violence [shelter] centers for
8-3 a service area. If the department determines that there is
8-4 competition between eligible family violence [shelter] centers for
8-5 a service area, the department shall award a contract through a
8-6 competitive procurement procedure [based on the factors in
8-7 Subsection (b) of this section].
8-8 SECTION 7. Section 51.005, Human Resources Code, is amended
8-9 to read as follows:
8-10 Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
8-11 shall contract only with public or private nonprofit organizations
8-12 [family violence shelter centers] that fulfill the requirements of
8-13 this chapter.
8-14 (b) The contracts shall require the persons operating a
8-15 family violence [shelter] center to:
8-16 (1) make a quarterly and an annual financial report on
8-17 a form prescribed by the department;
8-18 (2) cooperate with inspections the department makes to
8-19 ensure services standards and fiscal responsibility; and
8-20 (3) provide, as its primary purpose, services to
8-21 victims of family violence that include [as a minimum access to the
8-22 following]:
8-23 (A) 24-hour-a-day shelter, except that a family
8-24 violence nonresidential center may provide access to a
8-25 24-hour-a-day shelter;
8-26 (B) a 24-hour-a-day crisis [call] hotline,
8-27 except that a family violence nonresidential center may provide
9-1 access to a 24-hour-a-day crisis hotline operated by another
9-2 organization located in the nonresidential center's service area
9-3 [available 24 hours a day];
9-4 (C) access to emergency medical care;
9-5 (D) intervention [counseling] services,
9-6 including safety planning, understanding and support, information,
9-7 education, referrals, and other resource assistance;
9-8 (E) access to emergency transportation;
9-9 (F) legal assistance in the civil and criminal
9-10 justice systems, including:
9-11 (i) identifying individual needs, legal
9-12 rights, and legal options; and
9-13 (ii) providing support and accompaniment
9-14 in pursuing those options;
9-15 (G) information about educational arrangements
9-16 for children;
9-17 (H) information about training for and seeking
9-18 employment;
9-19 (I) cooperation with criminal justice officials;
9-20 (J) community education;
9-21 (K) a referral system to existing community
9-22 services; and
9-23 (L) a volunteer recruitment and training
9-24 program.
9-25 (c) The contracts may require the persons operating a family
9-26 violence [shelter] center to use intake and case study forms.
9-27 Forms required shall be developed by the department with
10-1 consultation as outlined in Section 51.008 [of this subtitle].
10-2 SECTION 8. Section 51.006, Human Resources Code, is amended
10-3 to read as follows:
10-4 Sec. 51.006. REPORT. Not later than November 1 of each
10-5 even-numbered year, the department shall publish a report that
10-6 summarizes reports from family violence [shelter] centers under
10-7 contract with the department and that analyzes the effectiveness of
10-8 the contracts authorized by this chapter. The reports must include
10-9 information on the expenditure of funds authorized under this
10-10 chapter, the services provided, the number of persons for whom a
10-11 service was provided, and any other information relating to the
10-12 provision of family violence services. The report may be combined
10-13 with the report required by Section 21.011. Copies of the report
10-14 shall be submitted to the governor, the lieutenant governor, the
10-15 speaker of the house of representatives, the Legislative Budget
10-16 Board, and the standing committees of the senate and house of
10-17 representatives having primary jurisdiction over the department.
10-18 SECTION 9. Section 51.007, Human Resources Code, is amended
10-19 to read as follows:
10-20 Sec. 51.007. CONFIDENTIALITY. The department may not
10-21 disclose any information gained through reports, collected case
10-22 data, or inspections that would identify a particular center or a
10-23 person working at or receiving services at a family violence
10-24 [shelter] center.
10-25 SECTION 10. Section 51.011(b), Human Resources Code, is
10-26 amended to read as follows:
10-27 (b) The department may use [utilize] not more than six
11-1 percent of the annual legislative appropriation to the family
11-2 violence program for administration of this chapter and not more
11-3 than six percent annually for the contracts described in Section
11-4 51.003(c) [Subsection (b) of Section 51.003 of this chapter].
11-5 SECTION 11. Chapter 51, Human Resources Code, is amended by
11-6 adding Section 51.012 to read as follows:
11-7 Sec. 51.012. COORDINATION OF SERVICES. The department and
11-8 the Department of Protective and Regulatory Services shall
11-9 coordinate the provision of violence prevention services for
11-10 children.
11-11 SECTION 12. The Texas Department of Human Services shall
11-12 develop the plan for delivering family violence services required
11-13 by Section 51.0021, Human Resources Code, as added by this Act, not
11-14 later than January 1, 2002.
11-15 SECTION 13. Sections 51.003, 51.004, and 51.005, Human
11-16 Resources Code, as amended by this Act, apply only to a contract
11-17 entered into on or after the effective date of this Act. A
11-18 contract entered into before the effective date of this Act is
11-19 governed by the law in effect on the date the contract was entered
11-20 into, and the former law is continued in effect for that purpose.
11-21 SECTION 14. This Act takes effect September 1, 2001.