79R4965 RMB-D
By: Gonzalez Toureilles, Allen of Dallas H.B. No. 2711
A BILL TO BE ENTITLED
AN ACT
relating to the provision of intervention or counseling services to
certain persons who have committed family violence and to a process
for accrediting those services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 14, Article 42.12, Code of Criminal
Procedure, as amended by Chapter 165, Acts of the 73rd Legislature,
Regular Session, 1993, Chapter 910, Acts of the 76th Legislature,
Regular Session, 1999, and Chapter 353, Acts of the 78th
Legislature, Regular Session, 2003, is amended by amending
Subsection (c) and adding Subsections (c-1) and (c-2) to read as
follows:
(c) If the court grants community supervision to a person
convicted of an offense involving family violence, as defined by
Section 71.004, Family Code, the court may require the defendant
[to attend], at the direction of the community supervision and
corrections department officer, to:
(1) attend a battering intervention and prevention
program defined by Article 42.141;
(2) beginning on March 1, 2006, if the referral option
under Subdivision (1) is not available, attend a program or counsel
with a provider that has begun the accreditation process described
by Subsection (c-1); or
(3) if the referral option under Subdivision (1) or,
beginning on March 1, 2006, the referral option under Subdivision
(2) is not available, attend counseling sessions for the
elimination of violent behavior with a licensed counselor, social
worker, or other professional who has completed [been trained in]
family violence intervention training consisting of an initial 40
hours of training followed by an annual 12 hours of continuing
education [or to attend a battering intervention and prevention
program if available that meets guidelines adopted by the community
justice assistance division of the Texas Department of Criminal
Justice].
(c-1) Beginning on September 1, 2007, a program or provider
serving as a referral option for the courts under Subsection
(c)(1), (2), or (3) must be accredited under Section 4A, Article
42.141, as conforming to program guidelines under that article.
(c-2) If the court requires the defendant to attend
counseling or a program, the court shall require the defendant to
begin attendance not later than the 60th day after the date the
court grants community supervision, notify the community
supervision and corrections department officer of the name,
address, and phone number of the counselor or program, and report
the defendant's attendance to the officer. The court shall require
the defendant to pay all the reasonable costs of the counseling
sessions or attendance in the program on a finding that the
defendant is financially able to make payment. If the court finds
the defendant is unable to make payment, the court shall make the
counseling sessions or enrollment in the program available without
cost to the defendant. The court may also require the defendant to
pay all or a part of the reasonable costs incurred by the victim for
counseling made necessary by the offense, on a finding that the
defendant is financially able to make payment. The court may order
the defendant to make payments under this subsection for a period
not to exceed one year after the date on which the order is entered.
SECTION 2. Section 1(7), Article 42.141, Code of Criminal
Procedure, is amended to read as follows:
(7) "Program" means a battering intervention and
prevention program [operated by a nonprofit organization] that:
(A) meets the guidelines that are adopted by the
community justice assistance division of the Texas Department of
Criminal Justice with the assistance of the statewide nonprofit
organization described by Section 3(1) of this article, and any
other eligibility requirements adopted by the Texas Department of
Criminal Justice; and
(B) provides, on a local basis to batterers
referred by the courts for intervention [treatment], [treatment
and] educational services and intervention designed to help the
batterers stop their abusive behavior.
SECTION 3. Article 42.141, Code of Criminal Procedure, is
amended by amending Sections 3 and 4 and adding Section 4A to read
as follows:
Sec. 3. DUTIES OF THE DIVISION. The division shall:
(1) contract with a nonprofit organization that for
the five-year period before the date on which a contract is to be
signed has been involved in providing to shelter centers, law
enforcement agencies, and the legal community statewide advocacy
and technical assistance relating to family violence, with the
contract requiring the nonprofit organization to perform the duties
described in Section (4) of this article;
(2) seek the input of the statewide nonprofit
organization described in Subdivision (1) of this section in the
development of standards for selection of programs for inclusion in
the project and the review of proposals submitted by programs;
(3) issue requests for proposals for the programs and
an educational campaign not later than January 1, 1990;
(4) award contracts for programs that take into
consideration:
(A) a balanced geographical distribution of
urban, rural, and suburban models; and
(B) the presence of a responsive law enforcement
climate in the community;
(5) develop and monitor the project in cooperation
with the nonprofit organization;
(6) monitor the development of a community educational
campaign in cooperation with the nonprofit organization;
(7) assist the nonprofit organization in designing
program evaluations and research activities; [and]
(8) facilitate training of probation officers and
other criminal justice professionals by the nonprofit organization
and by programs; and
(9) seek the assistance of the nonprofit organization
in developing program guidelines and in accrediting programs and
providers providing battering intervention and prevention services
as conforming to those guidelines.
Sec. 4. DUTIES OF THE NONPROFIT ORGANIZATION. The
nonprofit organization with which the division contracts shall:
(1) assist the division in developing and issuing
requests for proposals for the programs and the educational
campaign;
(2) assist the division in reviewing the submitted
proposals and making recommendations for proposals to be selected
for funding;
(3) develop and monitor the project in cooperation
with the division;
(4) provide technical assistance to programs to:
(A) develop appropriate services for batterers;
(B) train staff;
(C) improve coordination with shelter centers,
the criminal justice system, the judiciary, law enforcement
agencies, prosecutors, and other appropriate officials and support
services;
(D) implement the community educational
campaign; and
(E) participate in project administered program
evaluation and research activities;
(5) provide technical assistance to the division to:
(A) develop and implement standards for
selection of programs for inclusion in the project; and
(B) develop standards for selection of the
community educational campaign described in Section 6 of this
article;
(6) submit an annual written report to the division
and to the legislature with recommendations for continuation,
elimination, or changes in the project; [and]
(7) evaluate the programs and the community
educational campaign, including an analysis of the effectiveness of
the project and the level of public awareness relating to family
violence; and
(8) assist the division in developing program
guidelines and in accrediting programs and providers providing
battering intervention and prevention services as conforming to
those guidelines.
Sec. 4A. ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION
PROCESS. With the assistance of the statewide nonprofit
organization described by Section 3(1) of this article, the
division shall adopt guidelines for programs and shall accredit
programs and providers providing battering intervention and
prevention services as conforming to those guidelines. The
division shall collect a one-time application fee of $500 from each
program or provider that applies for accreditation under this
section.
SECTION 4. Subchapter D, Chapter 51, Government Code, is
amended by adding Section 51.321 to read as follows:
Sec. 51.321. FAMILY VIOLENCE INTERVENTION AND PREVENTION
FEE. (a) The commissioners court of a county may adopt a family
violence intervention and prevention fee in an amount of not less
than $3 or more than $15.
(b) Except as provided by Subsection (c), the district clerk
shall collect the family violence intervention and prevention fee
at the time a suit for dissolution of a marriage under Chapter 6,
Family Code, is filed. The fee is in addition to any other fee
collected by the district clerk.
(c) The clerk may not collect a fee under this section from a
person who is protected by an order issued under:
(1) Subtitle B, Title 4, Family Code; or
(2) Article 17.292, Code of Criminal Procedure.
(d) The district clerk shall remit $3 of each fee collected
under this section to the comptroller for deposit to the credit of
the battering intervention and prevention account in the general
revenue fund. The account may be used only for the accreditation of
programs and providers under Article 42.141, Code of Criminal
Procedure.
(e) The district clerk shall pay any remaining portion of
the fee collected under this section to the appropriate officer of
the county in which the suit is filed for deposit in the county
treasury to the credit of the family violence prevention account.
The account may be used by the commissioners court of the county
only to fund public or private nonprofit organizations providing
shelter or services, including civil legal services, to victims of
family violence. In this subsection, "family violence" has the
meaning assigned by Section 71.004, Family Code.
SECTION 5. Section 85.022, Family Code, is amended by
amending Subsection (a) and by adding Subsection (a-1) to read as
follows:
(a) In a protective order, the court may order the person
found to have committed family violence to perform acts specified
by the court that the court determines are necessary or appropriate
to prevent or reduce the likelihood of family violence and may order
that person to:
(1) complete a battering intervention and prevention
program as defined [provided] by Article 42.141, Code of Criminal
Procedure[, and that meets the guidelines adopted by the community
justice assistance division of the Texas Department of Criminal
Justice if a program is available];
(2) beginning on March 1, 2006, if the referral option
under Subdivision (1) is not available, complete a program or
counsel with a provider that has begun the accreditation process
described by Subsection (a-1); or
(3) if the referral option under Subdivision (1) or,
beginning on March 1, 2006, the referral option under Subdivision
(2) is not available, counsel with a social worker, family service
agency, physician, psychologist, licensed therapist, or licensed
professional counselor who has completed family violence
intervention training consisting of an initial 40 hours of training
followed by an annual 12 hours of continuing education [if a program
under Subdivision (1) is not available; or
[(3) perform acts specified by the court that the
court determines are necessary or appropriate to prevent or reduce
the likelihood of family violence].
(a-1) Beginning on September 1, 2007, a program or provider
serving as a referral option for the courts under Subsection
(a)(1), (2), or (3) must be accredited under Section 4A, Article
42.141, Code of Criminal Procedure, as conforming to program
guidelines under that article.
SECTION 6. Section 85.024(a), Family Code, is amended to
read as follows:
(a) A person found to have engaged in family violence who is
ordered to attend a program or counseling under Section
85.022(a)(1), [or] (2), or (3) shall file with the court an
affidavit before the 60th day after the date the order was rendered
stating either that the person has begun the program or counseling
or that a program or counseling is not available within a reasonable
distance from the person's residence. A person who files an
affidavit that the person has begun the program or counseling shall
file with the court before the date the protective order expires a
statement that the person completed the program or counseling not
later than the 30th day before the expiration date of the protective
order. An affidavit under this subsection must be accompanied by a
letter, notice, or certificate from the program or counselor that
verifies the person's completion of the program or counseling. A
person who fails to comply with this subsection may be punished for
contempt of court under Section 21.002, Government Code.
SECTION 7. Section 101.061, Government Code, is amended to
read as follows:
Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a
district court shall collect fees and costs as follows:
(1) filing fee in action with respect to a fraudulent
court record or fraudulent lien or claim filed against property
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15;
(2) fee for service of notice of action with respect to
a fraudulent court record or fraudulent lien or claim filed against
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not
to exceed $20, if notice delivered in person, or the cost of
postage, if service is by registered or certified mail;
(3) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(4) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(5) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) for each civil suit filed, for court-related
purposes for the support of the judiciary and for civil legal
services to an indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.151, Local
Government Code) . . . $45; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.151, Local Government Code)
. . . $50;
(C) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(D) on the filing of any civil action or
proceeding requiring a filing fee, including an appeal, and on the
filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.152, Local
Government Code) . . . $5; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.152, Local Government Code)
. . . $10;
(6) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(7) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(8) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(9) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(10) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(11) for issuing a citation, commission for
deposition, writ of execution, order of sale, writ of execution and
order of sale, writ of injunction, writ of garnishment, writ of
attachment, or writ of sequestration not provided for in Section
51.317, or any other writ or process not otherwise provided for,
including one copy if required by law (Sec. 51.318, Government
Code) . . . $8;
(12) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(13) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(14) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(15) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(16) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(17) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(18) jury fee (Sec. 51.604, Government Code) . . .
$30;
(19) for filing a report of divorce or annulment (Sec.
194.002, Health and Safety Code) . . . $1;
(20) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(21) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code, if authorized by the county commissioners court (Sec. 51.961,
Government Code) . . . not to exceed $15;
(22) fee on filing a suit for dissolution of a marriage
for services of child support department in Harris County, if
authorized by the county commissioners court (Sec. 152.1074, Human
Resources Code) . . . not to exceed $12;
(23) fee on filing a suit requesting an adoption in
Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
(24) court cost on citation for contempt of court for
failure to comply with child support order in Nueces County, if
authorized by the commissioners court (Sec. 152.1844, Human
Resources Code) . . . not to exceed $10;
(25) fee on filing a suit for divorce in Orange County
(Sec. 152.1873, Human Resources Code) . . . not less than $5;
(26) court costs on citation for contempt of court in
Orange County for failure to comply with a child support order or
order providing for possession of or access to a child (Sec.
152.1873, Human Resources Code) . . . amount determined by district
clerk;
(27) fee on filing a suit requesting an adoption in
Orange County (Sec. 152.1874, Human Resources Code) . . . not less
than $25;
(28) fee on filing a suit requesting an adoption in
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100;
(29) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(30) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(31) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20;
(32) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(33) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(34) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; [and]
(35) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code, as added by Chapter 1150, Acts of the 78th
Legislature, Regular Session, 2003) . . . as imposed by the
referring court or associate judge; and
(36) at the time a suit for dissolution of marriage
under Chapter 6, Family Code, is filed, a family violence
intervention and prevention fee, if authorized by the county
commissioners court (Section 51.321, Government Code). . . not
less than $3 or more than $15.
SECTION 8. (a) The changes in law made by Sections 1, 5, and
6 of this Act apply only to a court order granting community
supervision or a protective order or a modification of the order
that is rendered on or after that date. A court order granting
community supervision or a protective order or a modification of
the order that is rendered before the effective date of this Act is
governed by the law in effect on the date the order or modification
was rendered, and the former law is continued in effect for that
purpose.
(b) The change in law made by Section 4 of this Act applies
only to a filing fee collected for a suit for the dissolution of a
marriage under Chapter 6, Family Code, on or after the effective
date of this Act. A filing fee collected for a suit for the
dissolution of a marriage under Chapter 6, Family Code, before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2005.