By:  Zaffirini, Lucio                                   S.B. No. 47
                                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,
1-25     or assault, but does not include defensive measures to protect
 2-1     oneself; or
 2-2                       (B)  is intended to inflict emotional harm,
 2-3     including an act of emotional abuse.
 2-4                 (3)  "Family violence center" includes a family
 2-5     violence shelter center and a family violence nonresidential
 2-6     center.
 2-7                 (4)  "Family violence nonresidential center" means a
 2-8     program that:
 2-9                       (A)  is operated by a public or private nonprofit
2-10     organization; and
2-11                       (B)  provides comprehensive nonresidential
2-12     services to victims of family violence.
2-13                 (5)  "Family violence shelter center" means a program
2-14     that:
2-15                       (A)  is operated by a public or private nonprofit
2-16     organization; and
2-17                       (B)  [that] provides comprehensive residential
2-18     and nonresidential [shelter and] services to victims of family
2-19     violence.
2-20                 (6)  "Family violence special project" means a project
2-21     that:
2-22                       (A)  is operated by a public or private nonprofit
2-23     organization; and
2-24                       (B)  provides at least one specialized family
2-25     violence service.
2-26                 (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.
 4-1           SECTION 5.  Section 51.003, Human Resources Code, is amended
 4-2     to read as follows:
 4-3           Sec. 51.003.  CONTRACTS.  (a)  The department [Texas
 4-4     Department of Human Services] shall contract for services with
 4-5     family violence [shelter] centers with consideration given to the
 4-6     plan for family violence services under Section 51.0021 [geographic
 4-7     distribution and need].  These contracts are to expand existing
 4-8     family violence [shelter] center services and may not result in
 4-9     reducing financial support a family violence [shelter] center
4-10     receives from another source.  The contracts shall not provide for
4-11     more than 75 percent of the cost of the family violence [shelter]
4-12     center program.  The department shall develop a declining scale of
4-13     state financial support for family violence [shelter] centers,
4-14     declining over a six-year period from the initiation of each
4-15     individual contract, with no more than 50 percent of a family
4-16     violence [shelter] center program's funding to be provided by the
4-17     state after the sixth year.  The balance each year shall be
4-18     provided from other sources.  The department may adopt rules which
4-19     will allow exceptions to the above scale in individual instances
4-20     when a family violence [shelter] center shall demonstrate that
4-21     exigent circumstances require such a waiver.
4-22           (b)  The department may contract with family violence special
4-23     projects for services.  The department shall consider the plan for
4-24     family violence services under Section 51.0021 in contracting with
4-25     family violence special projects.
4-26           (c)  The department shall contract statewide for activities
 5-1     that support and advance the work of family violence [shelter]
 5-2     centers.  Activities contracted for under this subsection [A
 5-3     contract] must include [require] the provision of technical
 5-4     assistance and training for family violence [shelter] centers.  The
 5-5     department may contract for [may require] the provision of public
 5-6     education, consultation to the department, research, evaluation,
 5-7     and liaison and training for other professionals who work with
 5-8     victims of family violence, including professionals in the criminal
 5-9     justice, medical, and social services fields, and for community or
5-10     civic groups.
5-11           (d)  The department shall award all contracts made under
5-12     Subsection (c) through a competitive bidding process unless that
5-13     process would not be cost-effective.
5-14           SECTION 6.  Section 51.004, Human Resources Code, is amended
5-15     to read as follows:
5-16           Sec. 51.004.  CONTRACT BIDS.  (a)  To be eligible for a
5-17     contract under Section 51.003(a) [of this code], a family violence
5-18     shelter center [public or private nonprofit organization] must:
5-19                 (1)  provide [operate a family violence shelter center
5-20     that provides] temporary lodging and direct delivery of [social]
5-21     services for adults and their dependents;
5-22                 (2)  [children who have left or have been removed from
5-23     the family home because of family violence.  The family violence
5-24     shelter center must] have been in actual operation offering shelter
5-25     services 24 hours a day with a capacity for not less than five
5-26     persons for at least one year [nine months] before the date on
 6-1     which [that] the contract is awarded;
 6-2                 (3)  demonstrate that the center, through the services
 6-3     it provides, is addressing a need in the community consistent with
 6-4     the plan for family violence services under Section 51.0021; and
 6-5                 (4)  submit a[.  The] contract application [must be
 6-6     submitted] on forms prescribed by the department.
 6-7           (b)  To be eligible for a contract under Section 51.003(a), a
 6-8     family violence nonresidential center must:
 6-9                 (1)  provide, as its primary purpose, direct delivery
6-10     of services to adult victims of family violence;
6-11                 (2)  demonstrate a system of referring victims of
6-12     family violence to at least one family violence shelter center or
6-13     other safe temporary lodging;
6-14                 (3)  have been operating and providing comprehensive
6-15     services, including the services described by Section 51.005(b)(3),
6-16     to victims of family violence for at least one year before the date
6-17     on which the contract is awarded;
6-18                 (4)  demonstrate that the center, through the services
6-19     it provides, is addressing a need in the community consistent with
6-20     the plan for family violence services under Section 51.0021; and
6-21                 (5)  submit a contract application on forms prescribed
6-22     by the department.
6-23           (c)  The department shall consider the following factors in
6-24     awarding [the] contracts under Section 51.003(a):
6-25                 (1)  the family violence [shelter] center's eligibility
6-26     for and use of funds from the federal government, philanthropic
 7-1     organizations, and voluntary sources;
 7-2                 (2)  community support for the family violence
 7-3     [shelter] center, as evidenced by financial contributions from
 7-4     civic organizations, local governments, and individuals;
 7-5                 (3)  evidence that the family violence [shelter] center
 7-6     provides services that encourage self-sufficiency [rehabilitation]
 7-7     and effectively uses [utilizes] community resources;
 7-8                 (4)  evidence of [the endorsement and] involvement with
 7-9     [of] local law enforcement officials; and
7-10                 (5)  support for the family violence [shelter] center
7-11     through volunteer work, especially volunteer effort by persons who
7-12     have been victims of family violence.
7-13           (d)  To be eligible for a contract under Section 51.003(b), a
7-14     family violence special project must:
7-15                 (1)  provide:
7-16                       (A)  community education relating to family
7-17     violence; or
7-18                       (B)  direct delivery of services for adult
7-19     victims of family violence or their children;
7-20                 (2)  demonstrate a system of referring victims of
7-21     family violence to at least one family violence shelter center or
7-22     other safe temporary lodging;
7-23                 (3)  demonstrate that the project, through the services
7-24     it provides, is addressing a need in the community consistent with
7-25     the plan for family violence services under Section 51.0021;
7-26                 (4)  demonstrate that the underserved or special
 8-1     population to be served by the project is involved in the project's
 8-2     design and implementation, if applicable; and
 8-3                 (5)  submit a contract application on forms prescribed
 8-4     by the department.
 8-5           (e) [(c)]  The department shall use a noncompetitive
 8-6     procurement procedure if the department determines that there is no
 8-7     competition between eligible family violence [shelter] centers for
 8-8     a service area.  If the department determines that there is
 8-9     competition between eligible family violence [shelter] centers for
8-10     a service area, the department shall award a contract through a
8-11     competitive procurement procedure [based on the factors in
8-12     Subsection (b) of this section].
8-13           SECTION 7.  Section 51.005, Human Resources Code, is amended
8-14     to read as follows:
8-15           Sec. 51.005.  CONTRACT SPECIFICATIONS.  (a)  The department
8-16     shall contract only with public or private nonprofit organizations
8-17     [family violence shelter centers] that fulfill the requirements of
8-18     this chapter.
8-19           (b)  The contracts shall require the persons operating a
8-20     family violence [shelter] center to:
8-21                 (1)  make a quarterly and an annual financial report on
8-22     a form prescribed by the department;
8-23                 (2)  cooperate with inspections the department makes to
8-24     ensure services standards and fiscal responsibility; and
8-25                 (3)  provide, as its primary purpose, services to
8-26     victims of family violence that include [as a minimum access to the
 9-1     following]:
 9-2                       (A)  24-hour-a-day shelter, except that a family
 9-3     violence nonresidential center may provide access to a
 9-4     24-hour-a-day shelter;
 9-5                       (B)  a 24-hour-a-day crisis [call] hotline,
 9-6     except that a family violence nonresidential center may provide
 9-7     access to a 24-hour-a-day crisis hotline operated by another
 9-8     organization located in the nonresidential center's service area
 9-9     [available 24 hours a day];
9-10                       (C)  access to emergency medical care;
9-11                       (D)  intervention [counseling] services,
9-12     including safety planning, understanding and support, information,
9-13     education, referrals, and other resource assistance;
9-14                       (E)  access to emergency transportation;
9-15                       (F)  legal assistance in the civil and criminal
9-16     justice systems, including:
9-17                             (i)  identifying individual needs, legal
9-18     rights, and legal options; and
9-19                             (ii)  providing support and accompaniment
9-20     in pursuing those options;
9-21                       (G)  information about educational arrangements
9-22     for children;
9-23                       (H)  information about training for and seeking
9-24     employment;
9-25                       (I)  cooperation with criminal justice officials;
9-26                       (J)  community education;
 10-1                      (K)  a referral system to existing community
 10-2    services; and
 10-3                      (L)  a volunteer recruitment and training
 10-4    program.
 10-5          (c)  The contracts may require the persons operating a family
 10-6    violence [shelter] center to use intake and case study forms.
 10-7    Forms required shall be developed by the department with
 10-8    consultation as outlined in Section 51.008 [of this subtitle].
 10-9          SECTION 8.  Section 51.006, Human Resources Code, is amended
10-10    to read as follows:
10-11          Sec. 51.006.  REPORT.  Not later than November 1 of each
10-12    even-numbered year, the department shall publish a report that
10-13    summarizes reports from family violence [shelter] centers under
10-14    contract with the department and that analyzes the effectiveness of
10-15    the contracts authorized by this chapter.  The reports must include
10-16    information on the expenditure of funds authorized under this
10-17    chapter, the services provided, the number of persons for whom a
10-18    service was provided, and any other information relating to the
10-19    provision of family violence services.  The report may be combined
10-20    with the report required by Section 21.011.  Copies of the report
10-21    shall be submitted to the governor, the lieutenant governor, the
10-22    speaker of the house of representatives, the Legislative Budget
10-23    Board, and the standing committees of the senate and house of
10-24    representatives having primary jurisdiction over the department.
10-25          SECTION 9.  Section 51.007, Human Resources Code, is amended
10-26    to read as follows:
 11-1          Sec. 51.007.  CONFIDENTIALITY.  The department may not
 11-2    disclose any information gained through reports, collected case
 11-3    data, or inspections that would identify a particular center or a
 11-4    person working at or receiving services at a family violence
 11-5    [shelter] center.
 11-6          SECTION 10.  Subsection (b), Section 51.011, Human Resources
 11-7    Code, is amended to read as follows:
 11-8          (b)  The department may use [utilize] not more than six
 11-9    percent of the annual legislative appropriation to the family
11-10    violence program for administration of this chapter and not more
11-11    than six percent annually for the contracts described in Section
11-12    51.003(c) [Subsection (b) of Section 51.003 of this chapter].
11-13          SECTION 11.  Chapter 51, Human Resources Code, is amended by
11-14    adding Section 51.012 to read as follows:
11-15          Sec. 51.012.  COORDINATION OF SERVICES.  The department and
11-16    the Department of Protective and Regulatory Services shall
11-17    coordinate the provision of violence prevention services for
11-18    children.
11-19          SECTION 12.  The Texas Department of Human Services shall
11-20    develop the plan for delivering family violence services required
11-21    by Section 51.0021, Human Resources Code, as added by this Act, not
11-22    later than January 1, 2002.
11-23          SECTION 13.  Sections 51.003, 51.004, and 51.005, Human
11-24    Resources Code, as amended by this Act, apply only to a contract
11-25    entered into on or after the effective date of this Act.  A
11-26    contract entered into before the effective date of this Act is
 12-1    governed by the law in effect on the date the contract was entered
 12-2    into, and the former law is continued in effect for that purpose.
 12-3          SECTION 14.  This Act takes effect September 1, 2001.