Texas 2015 - 84th Regular

Texas Senate Bill SB354 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nelson S.B. No. 354
2		-	(Zerwas)
	1	+	S.B. No. 354
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the transfer to the Health and Human Services
8	6		Commission of contracting authority for children's advocacy
9	7		centers and volunteer advocate programs.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 264.409, Family Code, is amended to read
12	10		as follows:
13	11		Sec. 264.409. ADMINISTRATIVE CONTRACTS. (a) The
14	12		department or the commission shall [office of the attorney general
15	13		may] contract with a statewide organization that is exempt from
16	14		federal income taxation under Section 501(a), Internal Revenue Code
17	15		of 1986, as an organization described by Section 501(c)(3) of that
18	16		code and designated as a supporting organization under Section
19	17		509(a)(3) of that code and that is composed of individuals or groups
20	18		of individuals who have expertise in the establishment and
21	19		operation of children's advocacy center programs. The statewide
22	20		organization shall provide training, technical assistance, [and]
23	21		evaluation services, and funds administration to support
24	22		contractual requirements under Section 264.411 for local
25	23		children's advocacy center programs.
26	24		(b) If the commission [office of the attorney general]
27	25		enters into a contract under this section, the contract must
28	26		provide that the statewide organization may not spend annually in
29	27		the performance of duties under Subsection (a) [for administrative
30	28		purposes] more than 12 percent of the annual amount appropriated to
31	29		the commission [office of the attorney general] for purposes of
32	30		this section.
33	31		SECTION 2. Sections 264.410(a) and (c), Family Code, are
34	32		amended to read as follows:
35	33		(a) The statewide organization with which the department or
36	34		the commission [office of the attorney general] contracts under
37	35		Section 264.409 shall contract for services with eligible centers
38	36		to enhance the existing services of the programs.
39	37		(c) If the commission [attorney general] enters into a
40	38		contract with a statewide organization under Section 264.409, the
41	39		executive commissioner [attorney general] by rule shall adopt
42	40		standards for eligible local centers. The statewide organization
43	41		shall assist the executive commissioner [attorney general] in
44	42		developing the standards.
45	43		SECTION 3. Section 264.411(a), Family Code, is amended to
46	44		read as follows:
47	45		(a) A public entity that operated as a center under this
48	46		subchapter before November 1, 1995, or a nonprofit entity is
49	47		eligible for a contract under Section 264.410 if the entity:
50	48		(1) has a signed memorandum of understanding as
51	49		provided by Section 264.403;
52	50		(2) operates under the authority of a governing board
53	51		as provided by Section 264.404;
54	52		(3) has a multidisciplinary team of persons involved
55	53		in the investigation or prosecution of child abuse cases or the
56	54		delivery of services as provided by Section 264.406;
57	55		(4) holds regularly scheduled case reviews as provided
58	56		by Section 264.406;
59	57		(5) operates in a neutral and physically separate
60	58		space from the day-to-day operations of any public agency partner;
61	59		(6) has developed a method of statistical information
62	60		gathering on children receiving services through the center and
63	61		shares such statistical information with the statewide
64	62		organization, the department, and the commission [office of the
65	63		attorney general] when requested;
66	64		(7) has an in-house volunteer program;
67	65		(8) employs an executive director who is answerable to
68	66		the board of directors of the entity and who is not the exclusive
69	67		salaried employee of any public agency partner;
70	68		(9) operates under a working protocol that includes a
71	69		statement of:
72	70		(A) the center's mission;
73	71		(B) each agency's role and commitment to the
74	72		center;
75	73		(C) the type of cases to be handled by the center;
76	74		(D) the center's procedures for conducting case
77	75		reviews and forensic interviews and for ensuring access to
78	76		specialized medical and mental health services; and
79	77		(E) the center's policies regarding
80	78		confidentiality and conflict resolution; and
81	79		(10) implements at the center the following program
82	80		components:
83	81		(A) a case tracking system that monitors
84	82		statistical information on each child and nonoffending family
85	83		member or other caregiver who receives services through the center
86	84		and that includes progress and disposition information for each
87	85		service the multidisciplinary team determines should be provided to
88	86		the client;
89	87		(B) a child-focused setting that is comfortable,
90	88		private, and physically and psychologically safe for diverse
91	89		populations of children and nonoffending family members and other
92	90		caregivers;
93	91		(C) family advocacy and victim support services
94	92		that include comprehensive case management and victim support
95	93		services available to each child and the child's nonoffending
96	94		family members or other caregivers as part of the services the
97	95		multidisciplinary team determines should be provided to a client;
98	96		(D) forensic interviews conducted in a neutral,
99	97		fact-finding manner and coordinated to avoid duplicative
100	98		interviewing;
101	99		(E) specialized medical evaluation and treatment
102	100		services that are available to all children who receive services
103	101		through the center and coordinated with the services the
104	102		multidisciplinary team determines should be provided to a child;
105	103		(F) specialized trauma-focused mental health
106	104		services that are designed to meet the unique needs of child abuse
107	105		victims and the victims' nonoffending family members or other
108	106		caregivers and that are available as part of the services the
109	107		multidisciplinary team determines should be provided to a client;
110	108		and
111	109		(G) a system to ensure that all services
112	110		available to center clients are culturally competent and diverse
113	111		and are coordinated with the services the multidisciplinary team
114	112		determines should be provided to a client.
115	113		SECTION 4. Sections 264.602(a), (c), (d), (e), and (f),
116	114		Family Code, are amended to read as follows:
117	115		(a) The statewide organization with which the commission
118	116		[attorney general] contracts under Section 264.603 shall contract
119	117		for services with eligible volunteer advocate programs to provide
120	118		advocacy services to abused or neglected children.
121	119		(c) The commission [attorney general] shall develop a scale
122	120		of state financial support for volunteer advocate programs that
123	121		declines over a six-year period beginning on the date each
124	122		individual contract takes effect. After the end of the six-year
125	123		period, the commission [attorney general] may not provide more than
126	124		50 percent of the volunteer advocate program's funding.
127	125		(d) The executive commissioner [attorney general] by rule
128	126		shall adopt standards for a local volunteer advocate program. The
129	127		statewide organization shall assist the executive commissioner
130	128		[attorney general] in developing the standards.
131	129		(e) The department, in cooperation with the statewide
132	130		organization with which the commission [attorney general]
133	131		contracts under Section 264.603 and other interested agencies,
134	132		shall support the expansion of court-appointed volunteer advocate
135	133		programs into counties in which there is a need for the
136	134		programs. In expanding into a county, a program shall work to
137	135		ensure the independence of the program, to the extent possible, by
138	136		establishing community support and accessing private funding from
139	137		the community for the program.
140	138		(f) Expenses incurred by a volunteer advocate program to
141	139		promote public awareness of the need for volunteer advocates or to
142	140		explain the work performed by volunteer advocates that are paid
143	141		with money from the commission [attorney general] volunteer
144	142		advocate program account under Section 504.611, Transportation
145	143		Code, are not considered administrative expenses for the purpose of
146	144		Section 264.603(b).
147	145		SECTION 5. Section 264.603, Family Code, is amended to read
148	146		as follows:
149	147		Sec. 264.603. ADMINISTRATIVE CONTRACTS. (a) The
150	148		commission [attorney general] shall contract with one statewide
151	149		organization that is exempt from federal income taxation under
152	150		Section 501(a), Internal Revenue Code of 1986, as an organization
153	151		described by Section 501(c)(3) of that code and designated as a
154	152		supporting organization under Section 509(a)(3) of that code, and
155	153		that is composed of individuals or groups of individuals who have
156	154		expertise in the dynamics of child abuse and neglect and experience
157	155		in operating volunteer advocate programs to provide training,
158	156		technical assistance, and evaluation services for the benefit of
159	157		local volunteer advocate programs. The contract shall:
160	158		(1) include measurable goals and objectives relating
161	159		to the number of:
162	160		(A) volunteer advocates in the program; and
163	161		(B) children receiving services from the
164	162		program; and
165	163		(2) follow practices designed to ensure compliance
166	164		with standards referenced in the contract.
167	165		(b) The contract under this section shall provide that not
168	166		more than 12 percent of the annual legislative appropriation to
169	167		implement this subchapter may be spent for administrative purposes
170	168		by the statewide organization with which the commission [attorney
171	169		general] contracts under this section.
172	170		SECTION 6. Section 264.604(b), Family Code, is amended to
173	171		read as follows:
174	172		(b) The statewide organization with which the commission
175	173		[attorney general] contracts under Section 264.603 may not contract
176	174		with a person that is not eligible under this section. However, the
177	175		statewide organization may waive the requirement in Subsection
178	176		(a)(3) for an established program in a rural area or under other
179	177		special circumstances.
180	178		SECTION 7. Section 264.605, Family Code, is amended to read
181	179		as follows:
182	180		Sec. 264.605. CONTRACT FORM. A person shall apply for a
183	181		contract under Section 264.602 on a form provided by the commission
184	182		[attorney general].
185	183		SECTION 8. Section 264.606, Family Code, is amended to read
186	184		as follows:
187	185		Sec. 264.606. CRITERIA FOR AWARD OF CONTRACTS. The
188	186		statewide organization with which the commission [attorney
189	187		general] contracts under Section 264.603 shall consider the
190	188		following in awarding a contract under Section 264.602:
191	189		(1) the volunteer advocate program's eligibility for
192	190		and use of funds from local, state, or federal governmental
193	191		sources, philanthropic organizations, and other sources;
194	192		(2) community support for the volunteer advocate
195	193		program as indicated by financial contributions from civic
196	194		organizations, individuals, and other community resources;
197	195		(3) whether the volunteer advocate program provides
198	196		services that encourage the permanent placement of children through
199	197		reunification with their families or timely placement with an
200	198		adoptive family; and
201	199		(4) whether the volunteer advocate program has the
202	200		endorsement and cooperation of the local juvenile court system.
203	201		SECTION 9. Section 264.607, Family Code, is amended to read
204	202		as follows:
205	203		Sec. 264.607. CONTRACT REQUIREMENTS. [(a)] The commission
206	204		[attorney general] shall require that a contract under Section
207	205		264.602 require the volunteer advocate program to:
208	206		(1) make quarterly and annual financial reports on a
209	207		form provided by the commission [attorney general];
210	208		(2) cooperate with inspections and audits that the
211	209		commission [attorney general] makes to ensure service standards and
212	210		fiscal responsibility; and
213	211		(3) provide as a minimum:
214	212		(A) independent and factual information in
215	213		writing to the court and to counsel for the parties involved
216	214		regarding the child;
217	215		(B) advocacy through the courts for permanent
218	216		home placement and rehabilitation services for the child;
219	217		(C) monitoring of the child to ensure the safety
220	218		of the child and to prevent unnecessary movement of the child to
221	219		multiple temporary placements;
222	220		(D) reports in writing to the presiding judge and
223	221		to counsel for the parties involved;
224	222		(E) community education relating to child abuse
225	223		and neglect;
226	224		(F) referral services to existing community
227	225		services;
228	226		(G) a volunteer recruitment and training
229	227		program, including adequate screening procedures for volunteers;
230	228		(H) procedures to assure the confidentiality of
231	229		records or information relating to the child; and
232	230		(I) compliance with the standards adopted under
233	231		Section 264.602.
234	232		SECTION 10. Section 264.608, Family Code, is amended to
235	233		read as follows:
236	234		Sec. 264.608. REPORT TO THE LEGISLATURE. (a) Not later
237	235		than December 1 of each year, the commission [attorney general]
238	236		shall publish a report that:
239	237		(1) summarizes reports from volunteer advocate
240	238		programs under contract with the commission [attorney general];
241	239		(2) analyzes the effectiveness of the contracts made
242	240		by the commission [attorney general] under this chapter; and
243	241		(3) provides information on:
244	242		(A) the expenditure of funds under this chapter;
245	243		(B) services provided and the number of children
246	244		for whom the services were provided; and
247	245		(C) any other information relating to the
248	246		services provided by the volunteer advocate programs under this
249	247		chapter.
250	248		(b) The commission [attorney general] shall submit copies
251	249		of the report to the governor, lieutenant governor, speaker of the
252	250		house of representatives, [the] Legislative Budget Board, and
253	251		members of the legislature.
254	252		SECTION 11. Section 264.609, Family Code, is amended to
255	253		read as follows:
256	254		Sec. 264.609. RULE-MAKING AUTHORITY. The executive
257	255		commissioner [attorney general] may adopt rules necessary to
258	256		implement this subchapter [chapter].
259	257		SECTION 12. Section 264.610, Family Code, is amended to
260	258		read as follows:
261	259		Sec. 264.610. CONFIDENTIALITY. The commission [attorney
262	260		general] may not disclose information gained through reports,
263	261		collected case data, or inspections that would identify a person
264	262		working at or receiving services from a volunteer advocate program.
265	263		SECTION 13. Section 264.611, Family Code, is amended to
266	264		read as follows:
267	265		Sec. 264.611. CONSULTATIONS. In implementing this chapter,
268	266		the commission [attorney general] shall consult with individuals or
269	267		groups of individuals who have expertise in the dynamics of child
270	268		abuse and neglect and experience in operating volunteer advocate
271	269		programs.
272	270		SECTION 14. Section 264.612, Family Code, is amended to
273	271		read as follows:
274	272		Sec. 264.612. FUNDING. (a) The commission [attorney
275	273		general] may solicit and receive grants or money from either
276	274		private or public sources, including by appropriation by the
277	275		legislature from the general revenue fund, to implement this
278	276		chapter.
279	277		(b) The need for and importance of the implementation of
280	278		this chapter by the commission [attorney general] requires priority
281	279		and preferential consideration for appropriation.
282	280		SECTION 15. Section 504.611, Transportation Code, is
283	281		amended to read as follows:
284	282		Sec. 504.611. VOLUNTEER ADVOCATE PROGRAM LICENSE PLATES.
285	283		(a) The department shall issue specialty license plates in
286	284		recognition of children. The department shall design the license
287	285		plates in consultation with the Health and Human Services
288	286		Commission [attorney general].
289	287		(b) After deduction of the department's administrative
290	288		costs, the remainder of the fee for issuance of the license plates
291	289		shall be deposited to the credit of the [attorney general]
292	290		volunteer advocate program account in the general revenue fund.
293	291		Money deposited to the credit of the volunteer advocate program
294	292		account may be used only by the Health and Human Services Commission
295	293		[attorney general] to fund a contract entered into by the
296	294		commission [attorney general] under Section 264.602, Family Code.
297	295		SECTION 16. (a) On the effective date of this Act, the
298	296		powers and duties of the attorney general under Subchapters E and G,
299	297		Chapter 264, Family Code, are transferred to the Health and Human
300	298		Services Commission.
301	299		(b) The office of the attorney general shall work in
302	300		cooperation with and at the direction of the Health and Human
303	301		Services Commission to facilitate the transfer described by this
304	302		section.
305	303		(c) A rule, form, policy, procedure, or decision of the
306	304		attorney general that is related to a power or duty transferred
307	305		under Subsection (a) of this section continues in effect as a rule,
308	306		form, policy, procedure, or decision of the Health and Human
309	307		Services Commission until superseded by an act of the commission or
310	308		executive commissioner of the commission.
311	309		(d) A contract negotiation or proceeding involving the
312	310		attorney general that is related to a power or duty transferred
313	311		under Subsection (a) of this section is transferred without change
314	312		in status to the Health and Human Services Commission, and the
315	313		commission assumes, without a change in status, the position of the
316	314		attorney general in a negotiation or proceeding relating to a power
317	315		or duty transferred under Subsection (a) of this section to which
318	316		the attorney general is a party.
319	317		(e) All personal property, including records, in the
320	318		custody of the attorney general related to a power or duty
321	319		transferred under Subsection (a) of this section is transferred to
322	320		and becomes the property of the Health and Human Services
323	321		Commission.
324	322		(f) All contracts, memoranda of understanding, and rights
325	323		of the attorney general related to a power or duty transferred under
326	324		Subsection (a) of this section are transferred to the Health and
327	325		Human Services Commission.
328	326		(g) All money appropriated by the legislature to the
329	327		attorney general related to a power or duty transferred under
330	328		Subsection (a) of this section, including money for providing
331	329		administrative support, is transferred to the Health and Human
332	330		Services Commission.
333	331		SECTION 17. A contract transferred under Section 16 of this
334	332		Act may not be canceled by the Health and Human Services Commission
335	333		except as provided by the terms of the contract.
336	334		SECTION 18. This Act takes effect September 1, 2015.
	335	+	______________________________ ______________________________
	336	+	President of the Senate Speaker of the House
	337	+	I hereby certify that S.B. No. 354 passed the Senate on
	338	+	April 30, 2015, by the following vote: Yeas 31, Nays 0.
	339	+	______________________________
	340	+	Secretary of the Senate
	341	+	I hereby certify that S.B. No. 354 passed the House on
	342	+	May 22, 2015, by the following vote: Yeas 139, Nays 1, two
	343	+	present not voting.
	344	+	______________________________
	345	+	Chief Clerk of the House
	346	+	Approved:
	347	+	______________________________
	348	+	Date
	349	+	______________________________
	350	+	Governor