HBA-SEB C.S.H.B. 2208 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2208
By: Goodman
Juvenile Justice and Family Issues
3/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 74th Texas Legislature adopted legislation which created a children's
advocacy center program (program) for local communities, with the program's
funding funneled through the Department of Protective and Regulatory
Services (department).  During the 75th Legislative Session, the
legislature authorized the department to enter into a contract with a
statewide organization that has expertise in the establishment and
operation of children's advocacy center programs.  It also addressed issues
of information sharing between partner agencies working in the setting of a
children's advocacy center.  Since the program's funding is channeled
through the department, some people perceive the program as belonging to
the department.  This perception may undermine the effectiveness of
providing a neutral setting where all investigative and prosecutorial
agencies work together on an equal basis for the best interests of
children.   

C.S.H.B. 2208 authorizes the Office of the Attorney General (OAG) or the
department to contract with a statewide organization with expertise in the
establishment and operation of children's advocacy centers in order to
enhance the program and requires OAG to adopt standards with respect to the
program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Office of the Attorney General in
SECTION 2 (Section 264.410, Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 264.409, Family Code, to authorize the Office of
the Attorney General (OAG) or the Department of Protective and Regulatory
Services (department) to contract with a statewide organization of
individuals or groups of individuals who have expertise in the
establishment and operation of children's advocacy center programs.
Provides that if OAG enters into a contract, the contract must provide that
the statewide organization may not annually spend for administrative
purposes more than 12 percent of the annual amount appropriated to OAG for
the purposes of this section.   

SECTION 2.  Amends Section 264.410, Family Code, to require the attorney
general, by rule, to adopt standards for eligible local children's advocacy
centers if the attorney general enters into a contract pursuant to this
section (Contracts with Children's Advocacy Centers).  Requires the
statewide organization to assist the attorney general in developing the
standards.  Makes a conforming change. 

SECTION 3.  Amends Section 264.411, Family Code, to provide that a public
or nonprofit entity must share statistical information with the OAG, along
with the statewide organization and the department, when requested,
regarding the children receiving services through the advocacy center in
order for the entity to be eligible for a contract.  Deletes existing text
regarding the appeal process when a statewide organization's waiver of
eligibility requirements is denied.   

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1, by amending Section
264.409, Family Code, to make a nonsubstantive change. 

The substitute modifies the original in SECTION 2, by amending Section
264.410, Family Code, to require the attorney general, by rule, to adopt
standards for eligible local child advocacy centers, rather than for a
local children's advocacy center program. 

The substitute modifies the original in SECTION 3, by amending Section
264.411, Family Code, to provide that in order for to be eligible for a
contract, a public or nonprofit entity must share statistical information
with the Office of the Attorney General along with the statewide
organization and the Department of Protective and Regulatory Services, when
requested, regarding the children receiving services through the advocacy
center.