86R9757 TSS-D
 
  By: Howard H.B. No. 1590
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Office for Sexual Assault
  Survivor Assistance within the criminal justice division of the
  governor's office.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 420.011(a), Government Code, is amended
  to read as follows:
         (a)  The attorney general, with the advice of the Office for
  Sexual Assault Survivor Assistance established under Section
  772.0064, 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 2.  Section 420.031(c), Government Code, is amended
  to read as follows:
         (c)  In developing the evidence collection kit and protocol,
  the attorney general shall consult with the Office for Sexual
  Assault Survivor Assistance established under Section 772.0064
  [individuals and organizations having knowledge and experience in
  the issues of sexual assault and other sex offenses].
         SECTION 3.  Subchapter A, Chapter 772, Government Code, is
  amended by adding Section 772.0064 to read as follows:
         Sec. 772.0064.  OFFICE FOR SEXUAL ASSAULT SURVIVOR
  ASSISTANCE. (a)  In this section:
               (1)  "Office" means the Office for Sexual Assault
  Survivor Assistance.
               (2)  "Sexual assault," "sexual assault nurse
  examiner," and "survivor" have the meanings assigned by Section
  420.003. 
         (b)  The governor shall establish the Office for Sexual
  Assault Survivor Assistance within the criminal justice division
  established under Section 772.006. 
         (c)  The governor shall appoint a director for the office to
  serve at the pleasure of the governor.
         (d)  The director may hire staff as necessary to carry out
  the duties of the office within the guidelines established by the
  governor.
         (e)  The office shall:
               (1)  facilitate communication and cooperation between
  state agencies that have duties relating to sexual assault
  prevention, investigation, or prosecution or services provided to
  survivors in order to coordinate state resources available for
  assisting survivors;
               (2)  collect, analyze, and make publicly available
  information, organized by council of governments region, regarding
  the prevention, investigation, and prosecution of sexual assault
  and services provided to survivors, including a list of SAFE-ready
  facilities designated under Section 323.0015, Health and Safety
  Code;
               (3)  periodically make and update recommendations to
  the attorney general for rules governing the collection and
  preservation of evidence in cases of sexual assault or other sex
  offenses, including recommendations regarding:
                     (A)  evidence collection kits for use in the
  collection and preservation of evidence of a sexual assault or
  other sex offense;
                     (B)  protocols for the collection and
  preservation of evidence of a sexual assault or other sex offense;
                     (C)  the curriculum for sexual assault evidence
  collection and preservation training programs; and
                     (D)  the requirements for certification of sexual
  assault nurse examiners;
               (4)  advise and provide resources to the Texas
  Commission on Law Enforcement to improve law enforcement officer
  training related to the investigation and documentation of cases
  involving sexual assault, with a focus on the interactions between
  law enforcement officers and survivors;
               (5)  biennially contract for a survey of the resources
  provided to survivors by nonprofit organizations, health care
  facilities, institutions of higher education, and governmental
  entities in each region of the state; and
               (6)  develop a statewide standard for best practices in
  the provision of resources to survivors by nonprofit organizations,
  health care facilities, institutions of higher education, and
  governmental entities in consultation with individuals and
  organizations having knowledge and experience in issues of sexual
  assault or other sex offenses, including one or more:
                     (A)  law enforcement agencies with jurisdiction
  over the investigation of sexual assault or other sex offenses;
                     (B)  prosecutors responsible for prosecuting
  sexual assault or other sex offenses;
                     (C)  representatives of each state agency that has
  duties relating to sexual assault prevention, investigation, or
  prosecution or provides services to survivors, including the office
  of the attorney general;
                     (D)  representatives from regional councils of
  government or the Texas Association of Regional Councils;
                     (E)  representatives of the Texas Forensic
  Science Commission;
                     (F)  nonprofit organizations that receive funds
  under the Victims of Crime Act of 1984 (Title II, Pub. L. No.
  98-473) for the purposes of providing services to survivors;
                     (G)  health care facilities that perform forensic
  examinations on survivors;
                     (H)  certified sexual assault nurse examiners;
                     (I)  providers of sexual assault nurse examiner
  training programs certified by the attorney general; 
                     (J)  representatives from Texas Court Appointed
  Special Advocates; and
                     (K)  representatives designated by a nonprofit
  organization that provides services to survivors to represent the
  interests of survivors of sexual assault or other sex offenses.
         (f)  Not later than November 1 of each even-numbered year,
  the office shall analyze the data from the survey performed under
  Subsection (e) and prepare and submit to the legislature a report
  that includes:
               (1)  a description of the resources provided to
  survivors by nonprofit organizations, health care facilities,
  institutions of higher education, and governmental entities in each
  region of the state;
               (2)  a description of the differences between the
  resources provided to survivors and the statewide standard,
  comparable by region and by year;
               (3)  recommendations on measures each region could take
  to better comply with the statewide standard; and
               (4)  a description of potential sources and mechanisms
  of funding available to implement the recommendations.
         (g)  To the extent possible, all recommendation, standard,
  and resource information provided by the office shall be
  evidence-based and consistent with standards of practice and care
  in this state and throughout the country.
         (h)  To the extent permitted by federal law, the criminal
  justice division shall use funding received under the Victims of
  Crime Act of 1984 (Title II, Pub. L. No. 98-473) for purposes of
  this section.
         SECTION 4.  Section 1701.253, Occupations Code, is amended
  by adding Subsection (b-1) to read as follows:
         (b-1)  The commission shall consult with the Office for
  Sexual Assault Survivor Assistance established under Section
  772.0064, Government Code, regarding minimum curriculum
  requirements for training in the investigation and documentation of
  cases that involve sexual assault or other sex offenses.
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the governor shall establish the Office for Sexual
  Assault Survivor Assistance and appoint a director of the office as
  required by Section 772.0064, Government Code, as added 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.