By Zaffirini S.B. No. 47
77R1449 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, assault, or sexual assault or that is a threat that
1-24 reasonably places the member in fear of imminent physical harm,
2-1 bodily injury, assault, or sexual assault but does not include
2-2 defensive measures to protect 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, but does not provide
2-14 residential services.
2-15 (5) "Family violence shelter center" means a program
2-16 that:
2-17 (A) is operated by a public or private nonprofit
2-18 organization; and
2-19 (B) [that] provides comprehensive residential
2-20 and nonresidential [shelter and] services to victims of family
2-21 violence.
2-22 (6) "Family violence special project" means a project
2-23 that:
2-24 (A) is operated by a public or private nonprofit
2-25 organization; and
2-26 (B) provides at least one specialized family
2-27 violence service.
3-1 (7) "Household" has the meaning assigned by Section
3-2 71.005, Family Code.
3-3 (8) "Member of a household" has the meaning assigned
3-4 by Section 71.006, Family Code.
3-5 (9) [(2)] "Victim of family violence" means:
3-6 (A) an adult member of a family or household who
3-7 is subjected to an act of family violence [physical force or the
3-8 threat of physical force by another who is related by affinity or
3-9 consanguinity, as determined under Chapter 573, Government Code, to
3-10 that adult, who is a former spouse of that adult, or who resides in
3-11 the same household with that adult]; or
3-12 (B) a member of the household of the adult
3-13 described by Subdivision (A) [an individual], other than the member
3-14 of the household who commits the act of family violence, including
3-15 an act of emotional abuse [an individual using physical force or
3-16 the threat of physical force, who resides in the same household
3-17 with a victim of family violence as defined in Paragraph (A) of
3-18 this subdivision].
3-19 SECTION 4. Chapter 51, Human Resources Code, is amended by
3-20 adding Section 51.0021 to read as follows:
3-21 Sec. 51.0021. FAMILY VIOLENCE SERVICES PLAN. (a) The
3-22 department shall develop and maintain a plan for delivering family
3-23 violence services in this state.
3-24 (b) In developing the plan under this section, the
3-25 department shall consider the geographic distribution of services
3-26 and the need for services, including the need for increasing
3-27 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 a family violence
4-23 special project for services. The department shall consider the
4-24 plan for family violence services under Section 51.0021 in
4-25 contracting with the family violence special project.
4-26 (c) The department shall contract statewide for activities
4-27 that support and advance the work of family violence [shelter]
5-1 centers. Activities contracted for under this subsection [A
5-2 contract] must include [require] the provision of technical
5-3 assistance and training for family violence [shelter] centers. The
5-4 department may contract for [may require] the provision of public
5-5 education, consultation to the department, research, evaluation,
5-6 and liaison and training for other professionals who work with
5-7 victims of family violence, including professionals in the criminal
5-8 justice, medical, and social services fields, and for community or
5-9 civic groups.
5-10 (d) The department shall award all contracts made under
5-11 Subsection (c) through a competitive bidding process unless that
5-12 process would not be cost-effective.
5-13 SECTION 6. Section 51.004, Human Resources Code, is amended
5-14 to read as follows:
5-15 Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
5-16 contract under Section 51.003(a) [of this code], a family violence
5-17 shelter center [public or private nonprofit organization] must:
5-18 (1) provide [operate a family violence shelter center
5-19 that provides] temporary lodging and direct delivery of [social]
5-20 services for adults and their dependents;
5-21 (2) [children who have left or have been removed from
5-22 the family home because of family violence. The family violence
5-23 shelter center must] have been in actual operation offering shelter
5-24 services 24 hours a day with a capacity for not less than five
5-25 persons for at least one year [nine months] before the date on
5-26 which [that] the contract is awarded;
5-27 (3) demonstrate that the center, through the services
6-1 it provides, is addressing a need in the community consistent with
6-2 the plan for family violence services under Section 51.0021; and
6-3 (4) submit a [. The] contract application [must be
6-4 submitted] on forms prescribed by the department.
6-5 (b) To be eligible for a contract under Section 51.003(a), a
6-6 family violence nonresidential center must:
6-7 (1) provide, as its primary purpose, direct delivery
6-8 of services to adult victims of family violence;
6-9 (2) demonstrate a system of referring victims of
6-10 family violence to at least one family violence shelter center or
6-11 other safe temporary lodging;
6-12 (3) have been operating and providing comprehensive
6-13 services, including the services described by Section 51.005(b)(3),
6-14 to victims of family violence for at least one year before the date
6-15 on which the contract is awarded;
6-16 (4) demonstrate that the center, through the services
6-17 it provides, is addressing a need in the community consistent with
6-18 the plan for family violence services under Section 51.0021; and
6-19 (5) submit a contract application on forms prescribed
6-20 by the department.
6-21 (c) The department shall consider the following factors in
6-22 awarding [the] contracts under Section 51.003(a):
6-23 (1) the family violence [shelter] center's eligibility
6-24 for and use of funds from the federal government, philanthropic
6-25 organizations, and voluntary sources;
6-26 (2) community support for the family violence
6-27 [shelter] center, as evidenced by financial contributions from
7-1 civic organizations, local governments, and individuals;
7-2 (3) evidence that the family violence [shelter] center
7-3 provides services that encourage self-sufficiency [rehabilitation]
7-4 and effectively uses [utilizes] community resources;
7-5 (4) evidence of [the endorsement and] involvement with
7-6 [of] local law enforcement officials; and
7-7 (5) support for the family violence [shelter] center
7-8 through volunteer work, especially volunteer effort by persons who
7-9 have been victims of family violence.
7-10 (d) To be eligible for a contract under Section 51.003(b), a
7-11 family violence special project must:
7-12 (1) provide:
7-13 (A) community education for adult victims of
7-14 family violence or their children; or
7-15 (B) direct delivery of services for adult
7-16 victims of family violence;
7-17 (2) demonstrate a system of referring victims of
7-18 family violence to at least one family violence shelter center or
7-19 other safe temporary lodging;
7-20 (3) demonstrate that the project, through the services
7-21 it provides, is addressing a need in the community consistent with
7-22 the plan for family violence services under Section 51.0021;
7-23 (4) demonstrate that the underserved or special
7-24 population to be served by the project is involved in the project's
7-25 design and implementation, if applicable; and
7-26 (5) submit a contract application on forms prescribed
7-27 by the department.
8-1 (e) [(c)] The department shall use a noncompetitive
8-2 procurement procedure if the department determines that there is no
8-3 competition between eligible family violence [shelter] centers for
8-4 a service area. If the department determines that there is
8-5 competition between eligible family violence [shelter] centers for
8-6 a service area, the department shall award a contract through a
8-7 competitive procurement procedure [based on the factors in
8-8 Subsection (b) of this section].
8-9 SECTION 7. Section 51.005, Human Resources Code, is amended
8-10 to read as follows:
8-11 Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
8-12 shall contract only with family violence [shelter] centers that
8-13 fulfill the requirements of 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.