1-1 By: Zaffirini, Lucio S.B. No. 47
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 12, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 March 12, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 47 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to residential and nonresidential services for victims of
1-11 family violence.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The chapter heading to Chapter 51, Human
1-14 Resources Code, is amended to read as follows:
1-15 CHAPTER 51. FAMILY VIOLENCE CENTERS [SHELTERS]
1-16 SECTION 2. Section 51.001, Human Resources Code, is amended
1-17 to read as follows:
1-18 Sec. 51.001. PURPOSE. The purpose of this chapter is to
1-19 promote development of and access to locally based and supported
1-20 nonprofit [shelters and] services for victims of family violence
1-21 throughout the state.
1-22 SECTION 3. Section 51.002, Human Resources Code, is amended
1-23 to read as follows:
1-24 Sec. 51.002. DEFINITIONS. In this chapter:
1-25 (1) "Family" has the meaning assigned by Section
1-26 71.003, Family Code.
1-27 (2) "Family violence" means an act by a member of a
1-28 family or household against another member of the family or
1-29 household that:
1-30 (A) is intended to result in physical harm,
1-31 bodily injury, or assault or that is a threat that reasonably
1-32 places the member in fear of imminent physical harm, bodily injury,
1-33 or assault, but does not include defensive measures to protect
1-34 oneself; or
1-35 (B) is intended to inflict emotional harm,
1-36 including an act of emotional abuse.
1-37 (3) "Family violence center" includes a family
1-38 violence shelter center and a family violence nonresidential
1-39 center.
1-40 (4) "Family violence nonresidential center" means a
1-41 program that:
1-42 (A) is operated by a public or private nonprofit
1-43 organization; and
1-44 (B) provides comprehensive nonresidential
1-45 services to victims of family violence.
1-46 (5) "Family violence shelter center" means a program
1-47 that:
1-48 (A) is operated by a public or private nonprofit
1-49 organization; and
1-50 (B) [that] provides comprehensive residential
1-51 and nonresidential [shelter and] services to victims of family
1-52 violence.
1-53 (6) "Family violence special project" means a project
1-54 that:
1-55 (A) is operated by a public or private nonprofit
1-56 organization; and
1-57 (B) provides at least one specialized family
1-58 violence service.
1-59 (7) "Household" has the meaning assigned by Section
1-60 71.005, Family Code.
1-61 (8) "Member of a household" has the meaning assigned
1-62 by Section 71.006, Family Code.
1-63 (9) [(2)] "Victim of family violence" means:
1-64 (A) an adult member of a family or household who
2-1 is subjected to an act of family violence [physical force or the
2-2 threat of physical force by another who is related by affinity or
2-3 consanguinity, as determined under Chapter 573, Government Code, to
2-4 that adult, who is a former spouse of that adult, or who resides in
2-5 the same household with that adult]; or
2-6 (B) a member of the household of the adult
2-7 described by Paragraph (A) [an individual], other than the member
2-8 of the household who commits the act of family violence, including
2-9 an act of emotional abuse [an individual using physical force or
2-10 the threat of physical force, who resides in the same household
2-11 with a victim of family violence as defined in Paragraph (A) of
2-12 this subdivision].
2-13 SECTION 4. Chapter 51, Human Resources Code, is amended by
2-14 adding Section 51.0021 to read as follows:
2-15 Sec. 51.0021. FAMILY VIOLENCE SERVICES PLAN. (a) The
2-16 department shall develop and maintain a plan for delivering family
2-17 violence services in this state.
2-18 (b) In developing the plan under this section, the
2-19 department shall consider the geographic distribution of services
2-20 and the need for services, including the need for increasing
2-21 services for underserved populations.
2-22 SECTION 5. Section 51.003, Human Resources Code, is amended
2-23 to read as follows:
2-24 Sec. 51.003. CONTRACTS. (a) The department [Texas
2-25 Department of Human Services] shall contract for services with
2-26 family violence [shelter] centers with consideration given to the
2-27 plan for family violence services under Section 51.0021 [geographic
2-28 distribution and need]. These contracts are to expand existing
2-29 family violence [shelter] center services and may not result in
2-30 reducing financial support a family violence [shelter] center
2-31 receives from another source. The contracts shall not provide for
2-32 more than 75 percent of the cost of the family violence [shelter]
2-33 center program. The department shall develop a declining scale of
2-34 state financial support for family violence [shelter] centers,
2-35 declining over a six-year period from the initiation of each
2-36 individual contract, with no more than 50 percent of a family
2-37 violence [shelter] center program's funding to be provided by the
2-38 state after the sixth year. The balance each year shall be
2-39 provided from other sources. The department may adopt rules which
2-40 will allow exceptions to the above scale in individual instances
2-41 when a family violence [shelter] center shall demonstrate that
2-42 exigent circumstances require such a waiver.
2-43 (b) The department may contract with family violence special
2-44 projects for services. The department shall consider the plan for
2-45 family violence services under Section 51.0021 in contracting with
2-46 family violence special projects.
2-47 (c) The department shall contract statewide for activities
2-48 that support and advance the work of family violence [shelter]
2-49 centers. Activities contracted for under this subsection [A
2-50 contract] must include [require] the provision of technical
2-51 assistance and training for family violence [shelter] centers. The
2-52 department may contract for [may require] the provision of public
2-53 education, consultation to the department, research, evaluation,
2-54 and liaison and training for other professionals who work with
2-55 victims of family violence, including professionals in the criminal
2-56 justice, medical, and social services fields, and for community or
2-57 civic groups.
2-58 (d) The department shall award all contracts made under
2-59 Subsection (c) through a competitive bidding process unless that
2-60 process would not be cost-effective.
2-61 SECTION 6. Section 51.004, Human Resources Code, is amended
2-62 to read as follows:
2-63 Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
2-64 contract under Section 51.003(a) [of this code], a family violence
2-65 shelter center [public or private nonprofit organization] must:
2-66 (1) provide [operate a family violence shelter center
2-67 that provides] temporary lodging and direct delivery of [social]
2-68 services for adults and their dependents;
2-69 (2) [children who have left or have been removed from
3-1 the family home because of family violence. The family violence
3-2 shelter center must] have been in actual operation offering shelter
3-3 services 24 hours a day with a capacity for not less than five
3-4 persons for at least one year [nine months] before the date on
3-5 which [that] the contract is awarded;
3-6 (3) demonstrate that the center, through the services
3-7 it provides, is addressing a need in the community consistent with
3-8 the plan for family violence services under Section 51.0021; and
3-9 (4) submit a[. The] contract application [must be
3-10 submitted] on forms prescribed by the department.
3-11 (b) To be eligible for a contract under Section 51.003(a), a
3-12 family violence nonresidential center must:
3-13 (1) provide, as its primary purpose, direct delivery
3-14 of services to adult victims of family violence;
3-15 (2) demonstrate a system of referring victims of
3-16 family violence to at least one family violence shelter center or
3-17 other safe temporary lodging;
3-18 (3) have been operating and providing comprehensive
3-19 services, including the services described by Section 51.005(b)(3),
3-20 to victims of family violence for at least one year before the date
3-21 on which the contract is awarded;
3-22 (4) demonstrate that the center, through the services
3-23 it provides, is addressing a need in the community consistent with
3-24 the plan for family violence services under Section 51.0021; and
3-25 (5) submit a contract application on forms prescribed
3-26 by the department.
3-27 (c) The department shall consider the following factors in
3-28 awarding [the] contracts under Section 51.003(a):
3-29 (1) the family violence [shelter] center's eligibility
3-30 for and use of funds from the federal government, philanthropic
3-31 organizations, and voluntary sources;
3-32 (2) community support for the family violence
3-33 [shelter] center, as evidenced by financial contributions from
3-34 civic organizations, local governments, and individuals;
3-35 (3) evidence that the family violence [shelter] center
3-36 provides services that encourage self-sufficiency [rehabilitation]
3-37 and effectively uses [utilizes] community resources;
3-38 (4) evidence of [the endorsement and] involvement with
3-39 [of] local law enforcement officials; and
3-40 (5) support for the family violence [shelter] center
3-41 through volunteer work, especially volunteer effort by persons who
3-42 have been victims of family violence.
3-43 (d) To be eligible for a contract under Section 51.003(b), a
3-44 family violence special project must:
3-45 (1) provide:
3-46 (A) community education relating to family
3-47 violence; or
3-48 (B) direct delivery of services for adult
3-49 victims of family violence or their children;
3-50 (2) demonstrate a system of referring victims of
3-51 family violence to at least one family violence shelter center or
3-52 other safe temporary lodging;
3-53 (3) demonstrate that the project, through the services
3-54 it provides, is addressing a need in the community consistent with
3-55 the plan for family violence services under Section 51.0021;
3-56 (4) demonstrate that the underserved or special
3-57 population to be served by the project is involved in the project's
3-58 design and implementation, if applicable; and
3-59 (5) submit a contract application on forms prescribed
3-60 by the department.
3-61 (e) [(c)] The department shall use a noncompetitive
3-62 procurement procedure if the department determines that there is no
3-63 competition between eligible family violence [shelter] centers for
3-64 a service area. If the department determines that there is
3-65 competition between eligible family violence [shelter] centers for
3-66 a service area, the department shall award a contract through a
3-67 competitive procurement procedure [based on the factors in
3-68 Subsection (b) of this section].
3-69 SECTION 7. Section 51.005, Human Resources Code, is amended
4-1 to read as follows:
4-2 Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
4-3 shall contract only with public or private nonprofit organizations
4-4 [family violence shelter centers] that fulfill the requirements of
4-5 this chapter.
4-6 (b) The contracts shall require the persons operating a
4-7 family violence [shelter] center to:
4-8 (1) make a quarterly and an annual financial report on
4-9 a form prescribed by the department;
4-10 (2) cooperate with inspections the department makes to
4-11 ensure services standards and fiscal responsibility; and
4-12 (3) provide, as its primary purpose, services to
4-13 victims of family violence that include [as a minimum access to the
4-14 following]:
4-15 (A) 24-hour-a-day shelter, except that a family
4-16 violence nonresidential center may provide access to a
4-17 24-hour-a-day shelter;
4-18 (B) a 24-hour-a-day crisis [call] hotline,
4-19 except that a family violence nonresidential center may provide
4-20 access to a 24-hour-a-day crisis hotline operated by another
4-21 organization located in the nonresidential center's service area
4-22 [available 24 hours a day];
4-23 (C) access to emergency medical care;
4-24 (D) intervention [counseling] services,
4-25 including safety planning, understanding and support, information,
4-26 education, referrals, and other resource assistance;
4-27 (E) access to emergency transportation;
4-28 (F) legal assistance in the civil and criminal
4-29 justice systems, including:
4-30 (i) identifying individual needs, legal
4-31 rights, and legal options; and
4-32 (ii) providing support and accompaniment
4-33 in pursuing those options;
4-34 (G) information about educational arrangements
4-35 for children;
4-36 (H) information about training for and seeking
4-37 employment;
4-38 (I) cooperation with criminal justice officials;
4-39 (J) community education;
4-40 (K) a referral system to existing community
4-41 services; and
4-42 (L) a volunteer recruitment and training
4-43 program.
4-44 (c) The contracts may require the persons operating a family
4-45 violence [shelter] center to use intake and case study forms.
4-46 Forms required shall be developed by the department with
4-47 consultation as outlined in Section 51.008 [of this subtitle].
4-48 SECTION 8. Section 51.006, Human Resources Code, is amended
4-49 to read as follows:
4-50 Sec. 51.006. REPORT. Not later than November 1 of each
4-51 even-numbered year, the department shall publish a report that
4-52 summarizes reports from family violence [shelter] centers under
4-53 contract with the department and that analyzes the effectiveness of
4-54 the contracts authorized by this chapter. The reports must include
4-55 information on the expenditure of funds authorized under this
4-56 chapter, the services provided, the number of persons for whom a
4-57 service was provided, and any other information relating to the
4-58 provision of family violence services. The report may be combined
4-59 with the report required by Section 21.011. Copies of the report
4-60 shall be submitted to the governor, the lieutenant governor, the
4-61 speaker of the house of representatives, the Legislative Budget
4-62 Board, and the standing committees of the senate and house of
4-63 representatives having primary jurisdiction over the department.
4-64 SECTION 9. Section 51.007, Human Resources Code, is amended
4-65 to read as follows:
4-66 Sec. 51.007. CONFIDENTIALITY. The department may not
4-67 disclose any information gained through reports, collected case
4-68 data, or inspections that would identify a particular center or a
4-69 person working at or receiving services at a family violence
5-1 [shelter] center.
5-2 SECTION 10. Subsection (b), 51.011, Human Resources Code, is
5-3 amended to read as follows:
5-4 (b) The department may use [utilize] not more than six
5-5 percent of the annual legislative appropriation to the family
5-6 violence program for administration of this chapter and not more
5-7 than six percent annually for the contracts described in Section
5-8 51.003(c) [Subsection (b) of Section 51.003 of this chapter].
5-9 SECTION 11. Chapter 51, Human Resources Code, is amended by
5-10 adding Section 51.012 to read as follows:
5-11 Sec. 51.012. COORDINATION OF SERVICES. The department and
5-12 the Department of Protective and Regulatory Services shall
5-13 coordinate the provision of violence prevention services for
5-14 children.
5-15 SECTION 12. The Texas Department of Human Services shall
5-16 develop the plan for delivering family violence services required
5-17 by Section 51.0021, Human Resources Code, as added by this Act, not
5-18 later than January 1, 2002.
5-19 SECTION 13. Sections 51.003, 51.004, and 51.005, Human
5-20 Resources Code, as amended by this Act, apply only to a contract
5-21 entered into on or after the effective date of this Act. A
5-22 contract entered into before the effective date of this Act is
5-23 governed by the law in effect on the date the contract was entered
5-24 into, and the former law is continued in effect for that purpose.
5-25 SECTION 14. This Act takes effect September 1, 2001.
5-26 * * * * *