By Coleman H.B. No. 2953
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of sexual assault prevention and crisis
1-3 services from the Office of the Attorney General to the Texas
1-4 Department of Human Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 420, Government Code, is redesignated as
1-7 Chapter 55, Human Resources Code, and amended to read as follows:
1-8 CHAPTER 55 [420]. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES
1-9 Sec. 55.001 [420.001]. SHORT TITLE. This chapter may be
1-10 cited as the Sexual Assault Prevention and Crisis Services Act.
1-11 Sec. 55.002 [420.002]. PURPOSE. The purpose of this chapter
1-12 is to promote the development throughout the state of locally based
1-13 and supported nonprofit programs for the survivors of sexual
1-14 assault and to standardize the quality of services provided.
1-15 Sec. 55.003 [420.003]. DEFINITIONS. In this chapter:
1-16 (1) "Department" means the Texas Department of Human
1-17 Services.
1-18 (2) [(1)] "Advocate" means a person who provides
1-19 advocacy services as an employee or volunteer of a sexual assault
1-20 program.
1-21 (3) [(2)] "Program" means a sexual assault program.
1-22 (4) [(3)] "Service" means the Sexual Assault
1-23 Prevention and Crisis Service.
2-1 (5) [(4)] "Sexual assault" means any act or attempted
2-2 act as described by Section 21.11, 22.011, 22.021, or 25.02, Penal
2-3 Code.
2-4 (6) [(5)] "Sexual assault examiner" means a person who
2-5 uses a service-approved evidence collection kit and protocol to
2-6 collect and preserve evidence of a sexual assault or other sex
2-7 offense.
2-8 (7) [(6)] "Sexual assault nurse examiner" means a
2-9 registered nurse who has completed a service-approved examiner
2-10 training course.
2-11 (8) [(7)] "Sexual assault program" means any local
2-12 public or private nonprofit corporation, independent of a law
2-13 enforcement agency or prosecutor's office, that is operated as an
2-14 independent program or as part of a municipal, county, or state
2-15 agency and that provides the minimum services established by this
2-16 chapter.
2-17 (9) [(8)] "Survivor" means an individual who is a
2-18 victim of a sexual assault, regardless of whether a report or
2-19 conviction is made in the incident.
2-20 Sec. 55.004 [420.004]. SERVICE. (a) The Sexual Assault
2-21 Prevention and Crisis Service is a division in the department
2-22 [office of the attorney general].
2-23 (b) The department [attorney general] may adopt rules
2-24 relating to assigning service areas, monitoring services,
2-25 distributing funds, and collecting information from programs in
2-26 accordance with this chapter.
3-1 Sec. 55.005 [420.005]. GRANTS. (a) The department [attorney
3-2 general] may award grants to programs for maintaining or expanding
3-3 existing services. A grant may not result in the reduction of the
3-4 financial support a program receives from another source.
3-5 (b) To be eligible for a grant, a program must provide at a
3-6 minimum:
3-7 (1) a 24-hour crisis hotline;
3-8 (2) crisis intervention;
3-9 (3) public education;
3-10 (4) advocacy and accompaniment to hospitals, law
3-11 enforcement offices, prosecutors' offices, and courts for survivors
3-12 and their family members; and
3-13 (5) crisis intervention volunteer training.
3-14 (c) The department [attorney general] by rule shall require
3-15 a program receiving a grant to:
3-16 (1) submit quarterly and annual financial reports to
3-17 the department [attorney general];
3-18 (2) submit to an annual independent financial audit;
3-19 (3) cooperate with the department [attorney general]
3-20 during site-monitoring visits; and
3-21 (4) offer the minimum services described by Subsection
3-22 (b) for at least nine months before receiving a grant.
3-23 (d) This section does not prohibit a program from offering
3-24 any additional service, including a service for sexual assault
3-25 offenders.
3-26 (e) A grant is governed by Chapter 783, Government Code, and
4-1 rules adopted under that chapter.
4-2 (f) The receipt of grant money by a program may be suspended
4-3 in case of a dispute about the eligibility of the program to
4-4 receive the money under this chapter. A hearing on the dispute
4-5 must be held within a reasonable time, as established by rule by
4-6 the department [attorney general].
4-7 Sec. 55.006 [420.006]. SPECIAL PROJECTS. The department
4-8 [attorney general] may consult and contract with or award grants to
4-9 local and statewide programs for special projects to prevent sexual
4-10 assault and improve services to survivors.
4-11 Sec. 55.007 [420.007]. FUNDING. (a) The department
4-12 [attorney general] may receive grants, gifts, or appropriations of
4-13 money from the federal government, the state legislature, or
4-14 private sources to finance the grant program created by this
4-15 chapter.
4-16 (b) The department [attorney general] may not use more than
4-17 15 percent of the annual legislative appropriation to the service
4-18 for the administration of this chapter.
4-19 (c) The sexual assault prevention and crisis services fund
4-20 is a special account in the general revenue fund. Money deposited
4-21 to the credit of the fund may be used only as provided by this
4-22 subchapter and is not available for any other purpose.
4-23 Sec. 55.008 [420.008]. SEXUAL ASSAULT PROGRAM FUND. (a) The
4-24 sexual assault program fund is a special account in the general
4-25 revenue fund.
4-26 (b) The fund consists of fees collected under Section 19(e),
5-1 Article 42.12, Code of Criminal Procedure, and Section 508.189,
5-2 Government Code.
5-3 (c) The legislature may appropriate money deposited to the
5-4 credit of the fund only to the department [attorney general] to
5-5 finance the grant program created by this chapter.
5-6 Sec. 55.009 [420.009]. REPORT. The department [attorney
5-7 general] shall publish a report on the service not later than
5-8 December 10 of each even-numbered year. The report must summarize
5-9 reports from programs receiving grants from the department
5-10 [attorney general], analyze the effectiveness of the grants, and
5-11 include information on the expenditure of funds authorized by this
5-12 chapter, the services provided, the number of persons receiving
5-13 services, and any other information relating to the provision of
5-14 sexual assault services. A copy of the report shall be submitted
5-15 to the governor, lieutenant governor, speaker of the house of
5-16 representatives, Legislative Budget Board, Senate Committee on
5-17 Health and Human Services or its successor committee, and House
5-18 Committee on Human Services or its successor committee.
5-19 Sec. 55.010 [420.010]. CONFIDENTIALITY. The department
5-20 [attorney general] may not disclose any information received from
5-21 reports, collected case information, or site-monitoring visits that
5-22 would identify a person working at or receiving services from a
5-23 program.
5-24 Sec. 55.011 [420.011]. CERTIFICATION AND RULES. (a) The
5-25 department [attorney general] may adopt rules necessary to
5-26 implement this chapter. A proposed rule must be provided to
6-1 programs receiving grants at least 60 days before the date of
6-2 adoption.
6-3 (b) The department [attorney general] shall adopt rules
6-4 establishing minimum standards for the certification of a sexual
6-5 assault training program. The certification is valid for two years
6-6 from the date of issuance. The department [attorney general] shall
6-7 also adopt rules establishing minimum standards for the suspension,
6-8 decertification, or probation of a training program that violates
6-9 this chapter.
6-10 (c) The department [attorney general] shall adopt rules
6-11 establishing minimum standards for the certification of a sexual
6-12 assault nurse examiner, including standards for examiner training
6-13 courses and for the interstate reciprocity of sexual assault nurse
6-14 examiners. The certification is valid for two years from the date
6-15 of issuance. The department [attorney general] shall also adopt
6-16 rules establishing minimum standards for the suspension,
6-17 decertification, or probation of a sexual assault nurse examiner
6-18 who violates this chapter.
6-19 Sec. 55.012 [420.012]. CONSULTATIONS. In implementing this
6-20 chapter, the department [attorney general] shall consult persons
6-21 and organizations having knowledge and experience relating to
6-22 sexual assault.
6-23 Sec. 55.013 [420.013]. DEPOSIT BY COMPTROLLER; AUDIT. (a)
6-24 The comptroller shall deposit any money received under this
6-25 subchapter and any money credited to the program by another law in
6-26 the sexual assault prevention and crisis services fund.
7-1 (b) The sexual assault prevention and crisis services fund
7-2 is subject to audit by the comptroller. Money expended from the
7-3 fund is subject to audit by the state auditor.
7-4 Sec. 55.014 [420.014]. DEPARTMENT [ATTORNEY GENERAL]
7-5 SUPERVISION OF COLLECTION OF COSTS; FAILURE TO COMPLY. (a) If the
7-6 department [attorney general] reasonably believes that a court or a
7-7 community supervision office has not properly assessed or made a
7-8 reasonable effort to collect costs due under Article 42.12 or
7-9 42.18, Code of Criminal Procedure, the department [attorney
7-10 general] shall send a warning letter to the court or the governing
7-11 body of the governmental unit in which the court is located.
7-12 (b) Not later than the 60th day after the receipt of a
7-13 warning letter, the court or governing body shall respond in
7-14 writing to the department [attorney general] specifically
7-15 addressing the charges in the warning letter.
7-16 (c) If the court or governing body does not respond or if
7-17 the department [attorney general] considers the response
7-18 inadequate, the department [attorney general] may request the
7-19 comptroller to audit the records of:
7-20 (1) the court;
7-21 (2) the community supervision office;
7-22 (3) the officer charged with collecting the costs; or
7-23 (4) the treasury of the governmental unit in which the
7-24 court is located.
7-25 (d) The comptroller shall provide the department [attorney
7-26 general] with the results of the audit.
8-1 (e) If the department [attorney general] finds from
8-2 available evidence that a court or a community supervision office
8-3 has not properly assessed or made a reasonable effort to collect
8-4 costs due under Article 42.12 or 42.18, Code of Criminal Procedure,
8-5 the department [attorney general] may:
8-6 (1) refuse to award grants under this subchapter to
8-7 residents of the jurisdiction served by the court or community
8-8 supervision office; or
8-9 (2) in the case of a court, notify the State
8-10 Commission on Judicial Conduct of the findings.
8-11 (f) The failure, refusal, or neglect of a judicial officer
8-12 to comply with a requirement of this subchapter constitutes
8-13 official misconduct and is grounds for removal from office.
8-14 Sec. 55.031 [420.031]. EVIDENCE COLLECTION PROTOCOL; KITS.
8-15 (a) The service shall develop and distribute to law enforcement
8-16 agencies and proper medical personnel an evidence collection
8-17 protocol that shall include collection procedures and a list of
8-18 requirements for the contents of an evidence collection kit for use
8-19 in the collection and preservation of evidence of a sexual assault
8-20 or other sex offense. Medical or law enforcement personnel
8-21 collecting evidence of a sexual assault or other sex offense shall
8-22 use a service-approved evidence collection kit and protocol.
8-23 (b) An evidence collection kit must contain the following
8-24 items:
8-25 (1) items to collect and preserve evidence of a sexual
8-26 assault or other sex offense; and
9-1 (2) other items recommended by the Evidence Collection
9-2 Protocol Advisory Committee of the attorney general and determined
9-3 necessary for the kit by the attorney general.
9-4 (c) In developing evidence collection procedures and
9-5 requirements, the service shall consult with individuals and
9-6 organizations having knowledge and experience in the issues of
9-7 sexual assault and other sex offenses.
9-8 (d) A law enforcement agency that requests a medical
9-9 examination of a victim of an alleged sexual assault or other sex
9-10 offense for use in the investigation or prosecution of the offense
9-11 shall pay the costs of the evidence collection kit. This
9-12 subsection does not require a law enforcement agency to pay any
9-13 costs of treatment for injuries.
9-14 (e) Evidence collected under this section may not be
9-15 released unless the survivor of the offense or a legal
9-16 representative of the survivor signs a written consent to release
9-17 the evidence.
9-18 (f) Failure to comply with evidence collection procedures or
9-19 requirements adopted under this section does not affect the
9-20 admissibility of the evidence in a trial of the offense.
9-21 SECTION 2. (a) On December 1, 2001, sexual assault
9-22 prevention prevention and crisis services administered by the
9-23 Office of the Attorney General shall be transferred to the Texas
9-24 Department of Human Services.
9-25 (b) All money, records, property, and equipment in the
9-26 custody of the Office of the Attorney General on November 30, 2001,
10-1 for sexual assault prevention prevention and crisis services
10-2 administration shall be transferred to the custody of the Texas
10-3 Department of Human Services on December 1, 2001. A person
10-4 employed by the Office of the Attorney General in sexual assault
10-5 prevention prevention and crisis services administration becomes an
10-6 employee of the Texas Department of Human Services on December 1,
10-7 2001.
10-8 (c) A reference in a law or administrative rule to the
10-9 Office of the Attorney General concerning sexual assault prevention
10-10 prevention and crisis services administration means the Texas
10-11 Department of Human Services.
10-12 (d) An appropriation made to the Office of the Attorney
10-13 General for sexual assault prevention prevention and crisis
10-14 services administration for the state fiscal biennium ending August
10-15 31, 2003, is transferred to the Texas Department of Human Services
10-16 on December 1, 2001.
10-17 SECTION 3. This Act takes effect immediately if it receives
10-18 a vote of two-thirds of all the members elected to each house, as
10-19 provided by Section 39, Article III, Texas Constitution. If this
10-20 Act does not receive the vote necessary for immediate effect, this
10-21 Act takes effect September 1, 2001.