86R3430 TSS-D
 
  By: Neave H.B. No. 401
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Texas Sexual Assault Evidentiary
  Council.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 420.003(5), Government Code, is amended
  to read as follows:
               (5)  "Sexual assault examiner" means a person who uses
  a standardized [an attorney general-approved] evidence collection
  kit and protocol adopted by the attorney general by rule to collect
  and preserve evidence of a sexual assault or other sex offense.
         SECTION 2.  Section 420.011(a), Government Code, is amended
  to read as follows:
         (a)  The attorney general, with the advice of the Texas
  Sexual Assault Evidentiary Council, may adopt rules necessary to
  implement this chapter. A proposed rule must be provided to grant
  recipients at least 60 days before the date of adoption.
         SECTION 3.  Subchapter A, Chapter 420, Government Code, is
  amended by adding Section 420.016 to read as follows:
         Sec. 420.016.  TEXAS SEXUAL ASSAULT EVIDENTIARY COUNCIL.
  (a) In this section, "council" means the Texas Sexual Assault
  Evidentiary Council.
         (b)  The office of the attorney general shall establish the
  Texas Sexual Assault Evidentiary Council to advise the attorney
  general in the development of rules regarding the collection and
  preservation of evidence in cases of sexual assault or other sex
  offenses.
         (c)  The council is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  a member of the senate, appointed by the
  lieutenant governor, or the member's designee;
               (4)  a member of the house of representatives,
  appointed by the speaker of the house, or the member's designee;
               (5)  the executive commissioner of the Health and Human
  Services Commission or the executive commissioner's designee;
               (6)  the executive director of the Texas Commission on
  Law Enforcement or the executive director's designee;
               (7)  the presiding officer of the Texas Forensic
  Science Commission or the presiding officer's designee;
               (8)  the division director of the Law Enforcement
  Support Division of the Texas Department of Public Safety with
  authority over the Crime Laboratory Service or the division
  director's designee;
               (9)  the president of the Texas District and County
  Attorney's Association or the president's designee;
               (10)  the president of the Sheriffs' Association of
  Texas or the president's designee;
               (11)  the president of the Texas Police Chiefs
  Association or the president's designee;
               (12)  the president of the Texas Society of
  Pathologists or the president's designee;
               (13)  the chair of the Texas Hospital Association or
  the chair's designee;
               (14)  the president of the International Association of
  Forensic Nurses Texas Chapter or the president's designee;
               (15)  the president of the Texas Association Against
  Sexual Assault or the president's designee; and
               (16)  a person designated by the president of the Texas
  Association Against Sexual Assault to represent the interests of
  survivors of sexual assault or other sex offenses.
         (d)  An appointed member serves at the pleasure of the
  official who appointed the member.
         (e)  The presiding officer of the council is the attorney
  general or the attorney general's designee.
         (f)  The council shall meet at least twice a year at the call
  of the presiding officer. The council shall meet at other times as
  determined by the presiding officer.
         (g)  The council shall make and periodically update
  recommendations relating to the collection and preservation of
  evidence in cases of sexual assault or other sex offenses,
  including recommendations regarding:
               (1)  a standardized evidence collection kit for use in
  the collection and preservation of evidence of a sexual assault or
  other sex offense to be used throughout the state, specifying the
  physical dimensions, labeling, and contents of the kit;
               (2)  the development of a protocol for the collection
  and preservation of evidence of a sexual assault or other sex
  offense;
               (3)  the curriculum for sexual assault evidence
  collection and preservation training programs; and
               (4)  the requirements for certification of sexual
  assault nurse examiners.
         (h)  The office of the attorney general shall supervise the
  administration of the council. The attorney general shall provide
  the necessary staff and facilities to assist the council in
  performing the council's duties.
         (i)  A member of the council may not receive compensation for
  serving on the council but is entitled to reimbursement for travel
  expenses incurred by the member while conducting the business of
  the council as provided by the General Appropriations Act.
         (j)  Not later than December 1 of each even-numbered year,
  the council shall submit a report regarding the council's
  activities, findings, and recommendations, including any proposed
  legislation or rules, to the governor, the lieutenant governor, and
  the legislature.
         SECTION 4.  Sections 420.031(a), (b), and (c), Government
  Code, are amended to read as follows:
         (a)  The attorney general, with the advice of the Texas
  Sexual Assault Evidentiary Council, shall adopt rules regarding
  [develop and distribute to law enforcement agencies and proper
  medical personnel] an evidence collection protocol that shall
  include collection procedures and the requirements for a
  standardized [a list of requirements for the contents of an]
  evidence collection kit for use throughout the state in the
  collection and preservation of evidence of a sexual assault or
  other sex offense. Medical or law enforcement personnel collecting
  evidence of a sexual assault or other sex offense shall use an
  [attorney general-approved] evidence collection kit and protocol
  consistent with the rules adopted under this section.
         (b)  An evidence collection kit must contain the items
  required by rule and may contain additional items to collect and
  preserve evidence of a sexual assault or other sex offense [and
  other items determined necessary for the kit by the attorney
  general].
         (c)  In developing the evidence collection kit and protocol,
  the attorney general shall consult with the Texas Sexual Assault
  Evidentiary Council [individuals and organizations having
  knowledge and experience in the issues of sexual assault and other
  sex offenses].
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the attorney general shall establish the Texas Sexual
  Assault Evidentiary Council as required by Section 420.016,
  Government Code, as added by this Act, and shall, with the advice of
  the Texas Sexual Assault Evidentiary Council, adopt the rules
  necessary to implement Section 420.031, Government Code, as amended
  by this Act.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.