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.