S.B. No. 354

	AN ACT
	relating to the transfer to the Health and Human Services
	Commission of contracting authority for children's advocacy
	centers and volunteer advocate programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 264.409, Family Code, is amended to read
	as follows:
	Sec. 264.409.  ADMINISTRATIVE CONTRACTS. (a)  The
	department or the commission shall [office of the attorney general
	may] contract with a statewide organization that is exempt from
	federal income taxation under Section 501(a), Internal Revenue Code
	of 1986, as an organization described by Section 501(c)(3) of that
	code and designated as a supporting organization under Section
	509(a)(3) of that code and that is composed of individuals or groups
	of individuals who have expertise in the establishment and
	operation of children's advocacy center programs. The statewide
	organization shall provide training, technical assistance, [and]
	evaluation services, and funds administration to support
	contractual requirements under Section 264.411 for local
	children's advocacy center programs.
	(b)  If the commission [office of the attorney general]
	enters into a contract under this section, the contract must
	provide that the statewide organization may not spend annually in
	the performance of duties under Subsection (a) [for administrative
	purposes] more than 12 percent of the annual amount appropriated to
	the commission [office of the attorney general] for purposes of
	this section.
	SECTION 2.  Sections 264.410(a) and (c), Family Code, are
	amended to read as follows:
	(a)  The statewide organization with which the department or
	the commission [office of the attorney general] contracts under
	Section 264.409 shall contract for services with eligible centers
	to enhance the existing services of the programs.
	(c)  If the commission [attorney general] enters into a
	contract with a statewide organization under Section 264.409, the
	executive commissioner [attorney general] by rule shall adopt
	standards for eligible local centers. The statewide organization
	shall assist the executive commissioner [attorney general] in
	developing the standards.
	SECTION 3.  Section 264.411(a), Family Code, is amended to
	read as follows:
	(a)  A public entity that operated as a center under this
	subchapter before November 1, 1995, or a nonprofit entity is
	eligible for a contract under Section 264.410 if the entity:
	(1)  has a signed memorandum of understanding as
	provided by Section 264.403;
	(2)  operates under the authority of a governing board
	as provided by Section 264.404;
	(3)  has a multidisciplinary team of persons involved
	in the investigation or prosecution of child abuse cases or the
	delivery of services as provided by Section 264.406;
	(4)  holds regularly scheduled case reviews as provided
	by Section 264.406;
	(5)  operates in a neutral and physically separate
	space from the day-to-day operations of any public agency partner;
	(6)  has developed a method of statistical information
	gathering on children receiving services through the center and
	shares such statistical information with the statewide
	organization, the department, and the commission [office of the
	attorney general] when requested;
	(7)  has an in-house volunteer program;
	(8)  employs an executive director who is answerable to
	the board of directors of the entity and who is not the exclusive
	salaried employee of any public agency partner;
	(9)  operates under a working protocol that includes a
	statement of:
	(A)  the center's mission;
	(B)  each agency's role and commitment to the
	center;
	(C)  the type of cases to be handled by the center;
	(D)  the center's procedures for conducting case
	reviews and forensic interviews and for ensuring access to
	specialized medical and mental health services; and
	(E)  the center's policies regarding
	confidentiality and conflict resolution; and
	(10)  implements at the center the following program
	components:
	(A)  a case tracking system that monitors
	statistical information on each child and nonoffending family
	member or other caregiver who receives services through the center
	and that includes progress and disposition information for each
	service the multidisciplinary team determines should be provided to
	the client;
	(B)  a child-focused setting that is comfortable,
	private, and physically and psychologically safe for diverse
	populations of children and nonoffending family members and other
	caregivers;
	(C)  family advocacy and victim support services
	that include comprehensive case management and victim support
	services available to each child and the child's nonoffending
	family members or other caregivers as part of the services the
	multidisciplinary team determines should be provided to a client;
	(D)  forensic interviews conducted in a neutral,
	fact-finding manner and coordinated to avoid duplicative
	interviewing;
	(E)  specialized medical evaluation and treatment
	services that are available to all children who receive services
	through the center and coordinated with the services the
	multidisciplinary team determines should be provided to a child;
	(F)  specialized trauma-focused mental health
	services that are designed to meet the unique needs of child abuse
	victims and the victims' nonoffending family members or other
	caregivers and that are available as part of the services the
	multidisciplinary team determines should be provided to a client;
	and
	(G)  a system to ensure that all services
	available to center clients are culturally competent and diverse
	and are coordinated with the services the multidisciplinary team
	determines should be provided to a client.
	SECTION 4.  Sections 264.602(a), (c), (d), (e), and (f),
	Family Code, are amended to read as follows:
	(a)  The statewide organization with which the commission
	[attorney general] contracts under Section 264.603 shall contract
	for services with eligible volunteer advocate programs to provide
	advocacy services to abused or neglected children.
	(c)  The commission [attorney general] shall develop a scale
	of state financial support for volunteer advocate programs that
	declines over a six-year period beginning on the date each
	individual contract takes effect. After the end of the six-year
	period, the commission [attorney general] may not provide more than
	50 percent of the volunteer advocate program's funding.
	(d)  The executive commissioner [attorney general] by rule
	shall adopt standards for a local volunteer advocate program. The
	statewide organization shall assist the executive commissioner
	[attorney general] in developing the standards.
	(e)  The department, in cooperation with the statewide
	organization with which the commission [attorney general]
	contracts under Section 264.603 and other interested agencies,
	shall support the expansion of court-appointed volunteer advocate
	programs into counties in which there is a need for the
	programs.  In expanding into a county, a program shall work to
	ensure the independence of the program, to the extent possible, by
	establishing community support and accessing private funding from
	the community for the program.
	(f)  Expenses incurred by a volunteer advocate program to
	promote public awareness of the need for volunteer advocates or to
	explain the work performed by volunteer advocates that are paid
	with money from the commission [attorney general] volunteer
	advocate program account under Section 504.611, Transportation
	Code, are not considered administrative expenses for the purpose of
	Section 264.603(b).
	SECTION 5.  Section 264.603, Family Code, is amended to read
	as follows:
	Sec. 264.603.  ADMINISTRATIVE CONTRACTS. (a)  The
	commission [attorney general] shall contract with one statewide
	organization that is exempt from federal income taxation under
	Section 501(a), Internal Revenue Code of 1986, as an organization
	described by Section 501(c)(3) of that code and designated as a
	supporting organization under Section 509(a)(3) of that code, and
	that is composed of individuals or groups of individuals who have
	expertise in the dynamics of child abuse and neglect and experience
	in operating volunteer advocate programs to provide training,
	technical assistance, and evaluation services for the benefit of
	local volunteer advocate programs.  The contract shall:
	(1)  include measurable goals and objectives relating
	to the number of:
	(A)  volunteer advocates in the program; and
	(B)  children receiving services from the
	program; and
	(2)  follow practices designed to ensure compliance
	with standards referenced in the contract.
	(b)  The contract under this section shall provide that not
	more than 12 percent of the annual legislative appropriation to
	implement this subchapter may be spent for administrative purposes
	by the statewide organization with which the commission [attorney
	general] contracts under this section.
	SECTION 6.  Section 264.604(b), Family Code, is amended to
	read as follows:
	(b)  The statewide organization with which the commission
	[attorney general] contracts under Section 264.603 may not contract
	with a person that is not eligible under this section. However, the
	statewide organization may waive the requirement in Subsection
	(a)(3) for an established program in a rural area or under other
	special circumstances.
	SECTION 7.  Section 264.605, Family Code, is amended to read
	as follows:
	Sec. 264.605.  CONTRACT FORM. A person shall apply for a
	contract under Section 264.602 on a form provided by the commission
	[attorney general].
	SECTION 8.  Section 264.606, Family Code, is amended to read
	as follows:
	Sec. 264.606.  CRITERIA FOR AWARD OF CONTRACTS. The
	statewide organization with which the commission [attorney
	general] contracts under Section 264.603 shall consider the
	following in awarding a contract under Section 264.602:
	(1)  the volunteer advocate program's eligibility for
	and use of funds from local, state, or federal governmental
	sources, philanthropic organizations, and other sources;
	(2)  community support for the volunteer advocate
	program as indicated by financial contributions from civic
	organizations, individuals, and other community resources;
	(3)  whether the volunteer advocate program provides
	services that encourage the permanent placement of children through
	reunification with their families or timely placement with an
	adoptive family; and
	(4)  whether the volunteer advocate program has the
	endorsement and cooperation of the local juvenile court system.
	SECTION 9.  Section 264.607, Family Code, is amended to read
	as follows:
	Sec. 264.607.  CONTRACT REQUIREMENTS.  [(a)]  The commission
	[attorney general] shall require that a contract under Section
	264.602 require the volunteer advocate program to:
	(1)  make quarterly and annual financial reports on a
	form provided by the commission [attorney general];
	(2)  cooperate with inspections and audits that the
	commission [attorney general] makes to ensure service standards and
	fiscal responsibility; and
	(3)  provide as a minimum:
	(A)  independent and factual information in
	writing to the court and to counsel for the parties involved
	regarding the child;
	(B)  advocacy through the courts for permanent
	home placement and rehabilitation services for the child;
	(C)  monitoring of the child to ensure the safety
	of the child and to prevent unnecessary movement of the child to
	multiple temporary placements;
	(D)  reports in writing to the presiding judge and
	to counsel for the parties involved;
	(E)  community education relating to child abuse
	and neglect;
	(F)  referral services to existing community
	services;
	(G)  a volunteer recruitment and training
	program, including adequate screening procedures for volunteers;
	(H)  procedures to assure the confidentiality of
	records or information relating to the child; and
	(I)  compliance with the standards adopted under
	Section 264.602.
	SECTION 10.  Section 264.608, Family Code, is amended to
	read as follows:
	Sec. 264.608.  REPORT TO THE LEGISLATURE. (a)  Not later
	than December 1 of each year, the commission [attorney general]
	shall publish a report that:
	(1)  summarizes reports from volunteer advocate
	programs under contract with the commission [attorney general];
	(2)  analyzes the effectiveness of the contracts made
	by the commission [attorney general] under this chapter; and
	(3)  provides information on:
	(A)  the expenditure of funds under this chapter;
	(B)  services provided and the number of children
	for whom the services were provided; and
	(C)  any other information relating to the
	services provided by the volunteer advocate programs under this
	chapter.
	(b)  The commission [attorney general] shall submit copies
	of the report to the governor, lieutenant governor, speaker of the
	house of representatives, [the] Legislative Budget Board, and
	members of the legislature.
	SECTION 11.  Section 264.609, Family Code, is amended to
	read as follows:
	Sec. 264.609.  RULE-MAKING AUTHORITY. The executive
	commissioner [attorney general] may adopt rules necessary to
	implement this subchapter [chapter].
	SECTION 12.  Section 264.610, Family Code, is amended to
	read as follows:
	Sec. 264.610.  CONFIDENTIALITY. The commission [attorney
	general] may not disclose information gained through reports,
	collected case data, or inspections that would identify a person
	working at or receiving services from a volunteer advocate program.
	SECTION 13.  Section 264.611, Family Code, is amended to
	read as follows:
	Sec. 264.611.  CONSULTATIONS. In implementing this chapter,
	the commission [attorney general] shall consult with individuals or
	groups of individuals who have expertise in the dynamics of child
	abuse and neglect and experience in operating volunteer advocate
	programs.
	SECTION 14.  Section 264.612, Family Code, is amended to
	read as follows:
	Sec. 264.612.  FUNDING. (a)  The commission [attorney
	general] may solicit and receive grants or money from either
	private or public sources, including by appropriation by the
	legislature from the general revenue fund, to implement this
	chapter.
	(b)  The need for and importance of the implementation of
	this chapter by the commission [attorney general] requires priority
	and preferential consideration for appropriation.
	SECTION 15.  Section 504.611, Transportation Code, is
	amended to read as follows:
	Sec. 504.611.  VOLUNTEER ADVOCATE PROGRAM LICENSE PLATES.
	(a)  The department shall issue specialty license plates in
	recognition of children. The department shall design the license
	plates in consultation with the Health and Human Services
	Commission [attorney general].
	(b)  After deduction of the department's administrative
	costs, the remainder of the fee for issuance of the license plates
	shall be deposited to the credit of the [attorney general]
	volunteer advocate program account in the general revenue fund.
	Money deposited to the credit of the volunteer advocate program
	account may be used only by the Health and Human Services Commission
	[attorney general] to fund a contract entered into by the
	commission [attorney general] under Section 264.602, Family Code.
	SECTION 16.  (a)  On the effective date of this Act, the
	powers and duties of the attorney general under Subchapters E and G,
	Chapter 264, Family Code, are transferred to the Health and Human
	Services Commission.
	(b)  The office of the attorney general shall work in
	cooperation with and at the direction of the Health and Human
	Services Commission to facilitate the transfer described by this
	section.
	(c)  A rule, form, policy, procedure, or decision of the
	attorney general that is related to a power or duty transferred
	under Subsection (a) of this section continues in effect as a rule,
	form, policy, procedure, or decision of the Health and Human
	Services Commission until superseded by an act of the commission or
	executive commissioner of the commission.
	(d)  A contract negotiation or proceeding involving the
	attorney general that is related to a power or duty transferred
	under Subsection (a) of this section is transferred without change
	in status to the Health and Human Services Commission, and the
	commission assumes, without a change in status, the position of the
	attorney general in a negotiation or proceeding relating to a power
	or duty transferred under Subsection (a) of this section to which
	the attorney general is a party.
	(e)  All personal property, including records, in the
	custody of the attorney general related to a power or duty
	transferred under Subsection (a) of this section is transferred to
	and becomes the property of the Health and Human Services
	Commission.
	(f)  All contracts, memoranda of understanding, and rights
	of the attorney general related to a power or duty transferred under
	Subsection (a) of this section are transferred to the Health and
	Human Services Commission.
	(g)  All money appropriated by the legislature to the
	attorney general related to a power or duty transferred under
	Subsection (a) of this section, including money for providing
	administrative support, is transferred to the Health and Human
	Services Commission.
	SECTION 17.  A contract transferred under Section 16 of this
	Act may not be canceled by the Health and Human Services Commission
	except as provided by the terms of the contract.
	SECTION 18.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 354 passed the Senate on
	April 30, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 354 passed the House on
	May 22, 2015, by the following vote:  Yeas 139, Nays 1, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor