By: Hinojosa  S.B. No. 1841
         (In the Senate - Filed March 8, 2023; March 20, 2023, read
  first time and referred to Committee on Criminal Justice;
  April 17, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 17, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1841 By:  Flores
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to family violence center services for victims of family
  violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.002, Human Resources Code, is amended
  by amending Subdivisions (1), (2), and (9) and adding Subdivisions
  (1-a), (1-b), and (8-a) to read as follows:
               (1)  "Dating relationship" has the meaning assigned by
  Section 71.0021(b), Family Code.
               (1-a)  "Dating violence" means an act, other than a
  defensive measure to protect oneself, by an individual against
  another individual with whom the actor has or has had a dating
  relationship and that is:
                     (A)  intended to result in physical harm, bodily
  injury, assault, or sexual assault;
                     (B)  a threat that reasonably places an individual
  in fear of imminent physical harm, bodily injury, assault, or
  sexual assault; or
                     (C)  intended to inflict emotional harm,
  including an act of emotional abuse.
               (1-b)  "Family" has the meaning assigned by Section
  71.003, Family Code.
               (2)  "Family violence" means:
                     (A)  an act by a member of a family or household
  against another member of the family or household that:
                           (i) [(A)]  is intended to result in physical
  harm, bodily injury, assault, or sexual assault or that is a threat
  that reasonably places the member in fear of imminent physical
  harm, bodily injury, assault, or sexual assault, but does not
  include defensive measures to protect oneself; or
                           (ii) [(B)]  is intended to inflict emotional
  harm, including an act of emotional abuse; or
                     (B)  dating violence.
               (8-a)  "Trauma-informed" in regard to a service or
  service model means that the service or service model is provided in
  a manner that recognizes and responds to the signs and symptoms of
  trauma in, and the risks of trauma to, a victim of family violence
  to better support the victim and promote the victim's choice,
  trust, dignity, connection, and healing.
               (9)  "Victim of family violence" means:
                     (A)  an adult member of a family or household who
  is subjected to an act of family violence; [or]
                     (B)  a member of the household of the adult
  described by Paragraph (A), other than the member of the household
  who commits the act of family violence, including an act of
  emotional abuse; or
                     (C)  an individual who is subjected to an act of
  dating violence.
         SECTION 2.  Sections 51.004(a) and (b), Human Resources
  Code, are amended to read as follows:
         (a)  To be eligible for a contract under Section 51.003(a), a
  family violence shelter center must:
               (1)  provide temporary lodging and direct delivery of
  services for adults and their dependents;
               (2)  have been in actual operation offering shelter
  services 24 hours a day with a capacity for not less than five
  persons for at least one year before the date on which the contract
  is awarded;
               (3)  demonstrate that the center, through the services
  it provides, is addressing a need in the community consistent with
  the plan for family violence services under Section 51.0021; [and]
               (4)  demonstrate that the center is using a voluntary
  and trauma-informed advocacy service model that respects an
  individual's needs; and
               (5)  submit a contract application on forms prescribed
  by the commission.
         (b)  To be eligible for a contract under Section 51.003(a), a
  family violence nonresidential center must:
               (1)  provide, as its primary purpose, direct delivery
  of services to adult victims of family violence;
               (2)  demonstrate a system of referring victims of
  family violence to at least one family violence shelter center or
  other safe temporary lodging;
               (3)  have been operating and providing comprehensive
  services, including the services described by Section
  51.005(b)(3), to victims of family violence for at least one year
  before the date on which the contract is awarded;
               (4)  demonstrate that the center, through the services
  it provides, is addressing a need in the community consistent with
  the plan for family violence services under Section 51.0021; [and]
               (5)  demonstrate that the center is using a voluntary
  and trauma-informed advocacy service model that respects an
  individual's needs; and
               (6)  submit a contract application on forms prescribed
  by the commission.
         SECTION 3.  Section 51.005, Human Resources Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  The contracts shall require the persons operating a
  family violence center to:
               (1)  make a quarterly and an annual financial report on
  a form prescribed by the commission;
               (2)  cooperate with inspections the commission makes to
  ensure services standards and fiscal responsibility; and
               (3)  provide, as its primary purpose, voluntary and
  trauma-informed services to victims of family violence that
  include:
                     (A)  24-hour-a-day shelter, except that a family
  violence nonresidential center may provide access to a
  24-hour-a-day shelter;
                     (B)  a 24-hour-a-day crisis hotline, except that a
  family violence nonresidential center may provide access to a
  24-hour-a-day crisis hotline operated by another organization
  located in the nonresidential center's service area;
                     (C)  access to emergency medical care;
                     (D)  crisis and intervention services, including
  [safety planning,] understanding and support, information,
  education, referrals, and other resource assistance;
                     (E)  access to emergency transportation;
                     (F)  advocacy focused on:
                           (i)  economic and housing stability;
                           (ii)  physical, behavioral, and mental
  health;
                           (iii)  the needs of children who are victims
  and the children of victims; and
                           (iv)  [legal assistance in] the civil and
  criminal legal [justice] systems, including:
                                 (a)[(i)]  identifying individual
  needs, legal rights, and legal options; and
                                 (b)[(ii)]  providing support and
  accompaniment in pursuing those options;
                     (G)  ongoing safety planning services in
  collaboration with the self-stated priorities and needs of the
  victim of family violence [information about educational
  arrangements for children];
                     (H)  community education regarding family
  violence and family violence prevention efforts [information about
  training for and seeking employment];
                     (I)  counseling services [cooperation with
  criminal justice officials]; and
                     (J)  peer support services led by victims of
  family violence, including activities and other efforts that
  facilitate connections and the creation of community among victims
  of family violence [community education;
                     [(K)  a referral system to existing community
  services; and
                     [(L)  a volunteer recruitment and training
  program].
         (b-1)  The contracts shall:
               (1)  specify that participation in services by a victim
  of family violence is voluntary; and
               (2)  prohibit the persons operating a family violence
  center from requiring a victim of family violence to participate in
  other services as a condition of receiving shelter.
         SECTION 4.  The changes in law made by this Act apply only to
  a contract entered into or amended on or after the effective date of
  this Act.  A contract entered into or amended before the effective
  date of this Act is governed by the law in effect on the date the
  contract was entered into or amended, and the former law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2024.
 
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