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.