Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL

Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999. (6590)

Amended by: (6591)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6592)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6593)

Sec. 48.254. FORWARDING OF CERTAIN REPORTS. (6594)(1-click HTML)

(a) The executive commissioner by rule shall establish procedures for the department to use to forward a copy of the initial intake report and a copy of the completed provider investigation report relating to alleged or suspected abuse, neglect, or exploitation to the appropriate provider and health and human services agency. (6595)

(b) The department shall redact from an initial intake report and from the copy of the completed provider investigation report any identifying information contained in the report relating to the person who reported the alleged or suspected abuse, neglect, or exploitation under Section 48.051. (6596)

(c) A provider that receives a completed investigation report under Subsection (a) shall forward the report to the managed care organization with which the provider contracts for services for the alleged victim. (6597)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999. (6598)

Amended by: (6599)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 31, eff. June 11, 2009. (6600)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.282, eff. April 2, 2015. (6601)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6602)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6603)

Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS SUBCHAPTER. (6604)(1-click HTML)

(a) The executive commissioner shall adopt rules to: (6605)

(1) prioritize investigations conducted under this subchapter with the primary criterion being whether there is a risk that a delay in the investigation will impede the collection of evidence in that investigation; (6606)

(2) establish procedures for resolving disagreements between the department and health and human services agencies concerning the department's investigation findings; and (6607)

(3) provide for an appeals process by the department for the alleged victim of abuse, neglect, or exploitation. (6608)

(b) A confirmed investigation finding by the department may not be changed by the administrator of a facility, a community center, a local mental health authority, or a local intellectual and developmental disability authority. (6609)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999. (6610)

Amended by: (6611)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 32, eff. June 11, 2009. (6612)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.283, eff. April 2, 2015. (6613)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6614)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6615)

Sec. 48.256. SHARING PROVIDER INFORMATION. (6616)(1-click HTML)

(a) The executive commissioner shall adopt rules that prescribe the appropriate manner in which health and human services agencies and managed care organizations provide the department with information necessary to facilitate identification of individuals receiving services from providers and to facilitate notification of providers by the department. (6617)

(b) The executive commissioner shall adopt rules requiring a provider to provide information to the administering health and human services agency necessary to facilitate identification by the department of individuals receiving services from providers and to facilitate notification of providers by the department. (6618)

(c) A provider of home and community-based services under the home and community-based services waiver program described by Section 534.001(11)(B), Government Code, shall post in a conspicuous location inside any residence owned, operated, or controlled by the provider in which home and community-based waiver services are provided, a sign that states: (6619)

(1) the name, address, and telephone number of the provider; (6620)

(2) the effective date of the provider's contract with the applicable health and human services agency to provide home and community-based services; and (6621)

(3) the name of the legal entity that contracted with the applicable health and human services agency to provide those services. (6622)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999. (6623)

Amended by: (6624)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 33, eff. June 11, 2009. (6625)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.284, eff. April 2, 2015. (6626)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6627)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6628)

Sec. 48.257. RETALIATION PROHIBITED. (6629)(1-click HTML)

(a) A provider of home and community-based services may not retaliate against a person for filing a report or providing information in good faith relating to the possible abuse, neglect, or exploitation of an individual receiving services. (6630)

(b) This section does not prohibit a provider of home and community-based services from terminating an employee for a reason other than retaliation. (6631)

Amended by: (6632)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6633)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6634)

Sec. 48.258. TRACKING SYSTEM FOR REPORTS AND INVESTIGATIONS. (6635)(1-click HTML)

(a) The health and human services agencies shall, at the direction of the executive commissioner, jointly develop and implement a system to track reports and investigations under this subchapter. (6636)

(b) To facilitate implementation of the system, the health and human services agencies shall use appropriate methods of measuring the number and outcome of reports and investigations under this subchapter. (6637)

Amended by: (6638)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6639)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6640)

SUBCHAPTER G. INVESTIGATIONS IN CERTAIN FACILITIES (6641)(1-click HTML)
Sec. 48.301. INVESTIGATION OF REPORTS IN OTHER STATE FACILITIES. (6642)(1-click HTML)

(a) If the department receives a report of suspected abuse, neglect, or exploitation of an elderly person or a person with a disability receiving services in a facility operated, licensed, certified, or registered by a state agency, the department shall refer the report to that agency. (6643)

(a-1) This subchapter does not apply to a report of suspected abuse, neglect, or exploitation of an individual receiving services from a provider as described by Subchapter F. (6644)

(b) A state agency that receives a report under this section shall make a thorough investigation promptly after receiving a report that an elderly person or person with a disability has been or may be abused, neglected, or exploited in a facility operated, licensed, certified, or registered by the agency. The primary purpose of the investigation is the protection of the elderly person or person with a disability. (6645)

(c) Each state agency that may receive reports under this section, or the person responsible for adopting rules for that state agency, shall adopt rules relating to the investigation and resolution of reports received under this section. (6646)

(d) The state agency shall prepare and keep on file a complete written report of each investigation conducted by the state agency under this section. (6647)

(e) A state agency that receives a complaint relating to an investigation conducted under this section shall refer the complaint to its governing board, if applicable, or other person or entity designated to receive such complaints for review and appropriate action. (6648)

(f) The executive commissioner by rule shall adopt minimum standards for the investigation of suspected abuse, neglect, or exploitation of an elderly person or person with a disability under this section. (6649)

(g) A rule or policy adopted by or for a state agency under Subsection (c) must be consistent with the minimum standards adopted by the executive commissioner. (6650)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 34, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 355, Sec. 7, eff. Sept. 1, 2001. (6651)

Amended by: (6652)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 34, eff. June 11, 2009. (6653)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.285, eff. April 2, 2015. (6654)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 9, eff. September 1, 2015. (6655)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 17, eff. September 1, 2015. (6656)

Sec. 48.302. APPROVAL OF RULES. (6657)(1-click HTML)

The executive commissioner shall review and approve the rules required by Section 48.301(c) to ensure that all agencies implement appropriate standards for the conduct of investigations and that uniformity exists among agencies in the investigation and resolution of reports. (6658)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 34, eff. Sept. 1, 1999. (6659)

Amended by: (6660)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.286, eff. April 2, 2015. (6661)

Sec. 48.303. MEMORANDUM OF UNDERSTANDING. (6662)(1-click HTML)

(a) The department shall enter into a memorandum of understanding with each state agency that operates, licenses, certifies, or registers a facility in which elderly persons or persons with disabilities are located that clarifies each agency's responsibility under this chapter. (6663)

(b) Not later than the last month of each state fiscal year, the department and the other agencies shall review and update the memorandum. (6664)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 5.01(a), eff. Sept. 1, 1987. Renumbered from Sec. 48.022 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 35, eff. Sept. 1, 1999. (6665)

Amended by: (6666)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.287, eff. April 2, 2015. (6667)

Sec. 48.304. STATISTICS. (6668)(1-click HTML)

(a) A state agency that operates, licenses, certifies, or registers a facility in which elderly persons or persons with disabilities are located shall compile and maintain statistics on the incidence of abuse, neglect, or exploitation of elderly persons or persons with disabilities that occurs in the facilities. A state agency is not required to compile and maintain statistics on the incidence of abuse, neglect, or exploitation of an individual with a disability described under Section 48.252. (6669)

(b) The agency shall make the statistics available to the commission on request. (6670)

Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 303, Sec. 14, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 907, Sec. 36, eff. Sept. 1, 1999. (6671)

Amended by: (6672)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.288, eff. April 2, 2015. (6673)

SUBCHAPTER I. EMPLOYEE MISCONDUCT REGISTRY (6674)(1-click HTML)
Sec. 48.401. DEFINITIONS. (6675)(1-click HTML)

In this subchapter: (6676)

(1) "Agency" means: (6677)

(A) an entity licensed under Chapter 142, Health and Safety Code; (6678)

(B) a person exempt from licensing under Section 142.003(a)(19), Health and Safety Code; (6679)

(C) a facility licensed under Chapter 252, Health and Safety Code; or (6680)

(D) a provider investigated by the department under Subchapter F or under Section 261.404, Family Code. (6681)

(2) "Commissioner" means the commissioner of the Department of Family and Protective Services. (6682)

(3) "Employee" means a person who: (6683)

(A) works for: (6684)

(i) an agency; or (6685)

(ii) an individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code; (6686)

(B) provides personal care services, active treatment, or any other services to an individual receiving agency services, an individual who is a child for whom an investigation is authorized under Section 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 531.051, Government Code; and (6687)

(C) is not licensed by the state to perform the services the person performs for the agency or the individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code. (6688)

(4) "Employee misconduct registry" means the employee misconduct registry established under Chapter 253, Health and Safety Code. (6689)

(5) "Reportable conduct" includes: (6690)

(A) abuse or neglect that causes or may cause death or harm to an individual receiving agency services; (6691)

(B) sexual abuse of an individual receiving agency services; (6692)

(C) financial exploitation of an individual receiving agency services in an amount of $25 or more; and (6693)

(D) emotional, verbal, or psychological abuse that causes harm to an individual receiving agency services. (6694)

Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 13.001, eff. September 1, 2011. (6695)

Amended by: (6696)

Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 10, eff. January 1, 2014. (6697)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 10, eff. September 1, 2015. (6698)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 18, eff. September 1, 2015. (6699)

Sec. 48.402. RULES RELATING TO REPORTABLE CONDUCT. (6700)(1-click HTML)

The executive commissioner may adopt rules to further define reportable conduct. (6701)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6702)

Amended by: (6703)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.289, eff. April 2, 2015. (6704)

Sec. 48.403. FINDING. (6705)(1-click HTML)

After an investigation and following the procedures of this subchapter, if the department confirms or validates the occurrence of reportable conduct by an employee, the department shall immediately forward the finding to the Department of Aging and Disability Services to record the reportable conduct in the employee misconduct registry under Section 253.007, Health and Safety Code. (6706)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6707)

Amended by: (6708)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 16, eff. June 19, 2009. (6709)

Sec. 48.404. NOTICE OF FINDING. (6710)(1-click HTML)

(a) The department shall give written notice of the department's findings under Section 48.403 to the employee. The notice must include: (6711)

(1) a brief summary of the department's findings; (6712)

(2) a statement of the employee's right to a hearing on the department's findings; and (6713)

(3) a statement notifying the employee that if the employee fails to timely respond to the notice, the finding that the employee committed the reportable conduct will be recorded in the employee misconduct registry under Section 253.007, Health and Safety Code. (6714)

(b) Not later than the 30th day after the date the notice is received, the employee notified may accept the finding of the department made under Section 48.403 or may make a written request for a hearing on that finding. (6715)

(c) If the employee notified of the violation accepts the finding of the department or fails to timely respond to the notice, the commissioner or the commissioner's designee shall issue an order approving the finding and ordering that the department's findings be forwarded to the Department of Aging and Disability Services to be recorded in the employee misconduct registry under Section 253.007, Health and Safety Code. (6716)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6717)

Amended by: (6718)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 17, eff. June 19, 2009. (6719)

Sec. 48.405. HEARING; ORDER. (6720)(1-click HTML)

(a) If the employee requests a hearing, the department or its designee shall: (6721)

(1) set a hearing; (6722)

(2) give written notice of the hearing to the employee; and (6723)

(3) designate an administrative law judge to conduct the hearing. (6724)

(b) The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue an order regarding the occurrence of the reportable conduct. (6725)

(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1056, Sec. 17, eff. September 1, 2011. (6726)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6727)

Amended by: (6728)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 18, eff. June 19, 2009. (6729)

Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 16, eff. September 1, 2011. (6730)

Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 17, eff. September 1, 2011. (6731)

Sec. 48.406. NOTICE; JUDICIAL REVIEW. (6732)(1-click HTML)

(a) The department shall give notice of the order under Section 48.405 to the employee alleged to have committed the reportable conduct. The notice must include: (6733)

(1) separate statements of the findings of fact and conclusions of law; (6734)

(2) a statement of the right of the employee to judicial review of the order; and (6735)

(3) a statement that the reportable conduct will be recorded in the employee misconduct registry under Section 253.007, Health and Safety Code, if: (6736)

(A) the employee does not request judicial review of the finding; or (6737)

(B) the finding is sustained by the court. (6738)

(b) Not later than the 30th day after the date the decision becomes final as provided by Chapter 2001, Government Code, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the finding, the department shall send a record of the department's findings to the Department of Aging and Disability Services to record in the employee misconduct registry under Section 253.007, Health and Safety Code. (6739)

(c) Judicial review of the order: (6740)

(1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and (6741)

(2) is under the substantial evidence rule. (6742)

(d) If the court sustains the finding of the occurrence of the reportable conduct, the department shall forward the finding of reportable conduct to the Department of Aging and Disability Services to record the reportable conduct in the employee misconduct registry under Section 253.007, Health and Safety Code. (6743)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6744)

Amended by: (6745)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 19, eff. June 19, 2009. (6746)

Sec. 48.407. INFORMAL PROCEEDINGS. (6747)(1-click HTML)

The executive commissioner by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code. (6748)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6749)

Amended by: (6750)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 20, eff. June 19, 2009. (6751)

Sec. 48.408. INFORMATION FOR THE EMPLOYEE MISCONDUCT REGISTRY. (6752)(1-click HTML)

(a) When the department forwards a finding of reportable conduct to the Department of Aging and Disability Services for recording in the employee misconduct registry, the department shall provide the employee's name, the employee's address, the employee's social security number, if available, the name of the agency, the address of the agency, the date the reportable conduct occurred, and a description of the reportable conduct. (6753)

(b) If a governmental agency of another state or the federal government finds that an employee has committed an act that constitutes reportable conduct, the department may send to the Department of Aging and Disability Services, for recording in the employee misconduct registry, the employee's name, the employee's address, the employee's social security number, if available, the name of the agency, the address of the agency, the date of the act, and a description of the act. (6754)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6755)

Amended by: (6756)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 21, eff. June 19, 2009. (6757)

SUBTITLE E. SERVICES FOR FAMILIES (6758)(1-click HTML)

CHAPTER 51. FAMILY VIOLENCE CENTERS (6759)(1-click HTML)
Sec. 51.001. PURPOSE. (6760)(1-click HTML)

The purpose of this chapter is to promote development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. (6761)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, Sec. 1, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, Sec. 2, eff. Sept. 1, 2001. (6762)

Sec. 51.002. DEFINITIONS. (6763)(1-click HTML)

In this chapter: (6764)

(1) "Family" has the meaning assigned by Section 71.003, Family Code. (6765)

(2) "Family violence" means an act by a member of a family or household against another member of the family or household that: (6766)

(A) is intended to result in physical harm, bodily injury, or assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, or assault, but does not include defensive measures to protect oneself; or (6767)

(B) is intended to inflict emotional harm, including an act of emotional abuse. (6768)

(3) "Family violence center" includes a family violence shelter center and a family violence nonresidential center. (6769)

(4) "Family violence nonresidential center" means a program that: (6770)

(A) is operated by a public or private nonprofit organization; and (6771)

(B) provides comprehensive nonresidential services to victims of family violence. (6772)

(5) "Family violence shelter center" means a program that: (6773)

(A) is operated by a public or private nonprofit organization; and (6774)

(B) provides comprehensive residential and nonresidential services to victims of family violence. (6775)

(6) "Family violence special project" means a project that: (6776)

(A) is operated by a public or private nonprofit organization; and (6777)

(B) provides at least one specialized family violence service. (6778)

(7) "Household" has the meaning assigned by Section 71.005, Family Code. (6779)

(8) "Member of a household" has the meaning assigned by Section 71.006, Family Code. (6780)

(9) "Victim of family violence" means: (6781)

(A) an adult member of a family or household who is subjected to an act of family violence; or (6782)

(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. (6783)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 561, Sec. 36, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 6, Sec. 3, eff. Sept. 1, 2001. (6784)

Sec. 51.0021. FAMILY VIOLENCE SERVICES PLAN. (6785)(1-click HTML)

(a) The commission shall develop and maintain a plan for delivering family violence services in this state. (6786)

(b) In developing the plan under this section, the commission shall consider the geographic distribution of services and the need for services, including the need for increasing services for underserved populations. (6787)

Added by Acts 2001, 77th Leg., ch. 6, Sec. 4, eff. Sept. 1, 2001. (6788)

Amended by: (6789)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.290, eff. April 2, 2015. (6790)

Sec. 51.003. CONTRACTS. (6791)(1-click HTML)

(a) The commission shall contract for services with family violence centers with consideration given to the plan for family violence services under Section 51.0021. These contracts are to expand existing family violence center services and may not result in reducing financial support a family violence center receives from another source. The contracts shall not provide for more than 75 percent of the cost of the family violence center program. The commission shall develop a declining scale of state financial support for family violence centers, declining over a six-year period from the initiation of each individual contract, with no more than 50 percent of a family violence center program's funding to be provided by the state after the sixth year. The balance each year shall be provided from other sources. The executive commissioner may adopt rules which will allow exceptions to the above scale in individual instances when a family violence center shall demonstrate that exigent circumstances require such a waiver. (6792)

(b) The commission may contract with family violence special projects for services. The commission shall consider the plan for family violence services under Section 51.0021 in contracting with family violence special projects. (6793)

(c) The commission shall contract statewide for activities that support and advance the work of family violence centers. Activities contracted for under this subsection must include the provision of technical assistance and training for family violence centers. The commission may contract for the provision of public education, consultation to the commission, research, evaluation, and liaison and training for other professionals who work with victims of family violence, including professionals in the criminal justice, medical, and social services fields, and for community or civic groups. (6794)

(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1131 , Sec. 3, eff. June 19, 2015. (6795)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 19, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 636, Sec. 3, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, Sec. 5, eff. Sept. 1, 2001. (6796)

Amended by: (6797)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.291, eff. April 2, 2015. (6798)

Acts 2015, 84th Leg., R.S., Ch. 1131 (S.B. 59), Sec. 3, eff. June 19, 2015. (6799)

Sec. 51.004. CONTRACT ELIGIBILITY; PROCUREMENT; APPLICATION PROCESS. (6800)(1-click HTML)

(a) To be eligible for a contract under Section 51.003(a), a family violence shelter center must: (6801)

(1) provide temporary lodging and direct delivery of services for adults and their dependents; (6802)

(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; (6803)

(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 (6804)

(4) submit a contract application on forms prescribed by the commission. (6805)

(b) To be eligible for a contract under Section 51.003(a), a family violence nonresidential center must: (6806)

(1) provide, as its primary purpose, direct delivery of services to adult victims of family violence; (6807)

(2) demonstrate a system of referring victims of family violence to at least one family violence shelter center or other safe temporary lodging; (6808)

(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; (6809)

(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 (6810)

(5) submit a contract application on forms prescribed by the commission. (6811)

(c) The commission shall consider the following factors in awarding contracts under Section 51.003(a): (6812)

(1) the family violence center's eligibility for and use of funds from the federal government, philanthropic organizations, and voluntary sources; (6813)

(2) community support for the family violence center, as evidenced by financial contributions from civic organizations, local governments, and individuals; (6814)

(3) evidence that the family violence center provides services that encourage self-sufficiency and effectively uses community resources; (6815)

(4) evidence of involvement with local law enforcement officials; and (6816)

(5) support for the family violence center through volunteer work, especially volunteer effort by persons who have been victims of family violence. (6817)

(d) To be eligible for a contract under Section 51.003(b), a family violence special project must: (6818)

(1) provide: (6819)

(A) community education relating to family violence; or (6820)

(B) direct delivery of services for adult victims of family violence or their children; (6821)

(2) demonstrate a system of referring victims of family violence to at least one family violence shelter center or other safe temporary lodging; (6822)

(3) demonstrate that the project, through the services it provides, is addressing a need in the community consistent with the plan for family violence services under Section 51.0021; (6823)

(4) demonstrate that the underserved or special population to be served by the project is involved in the project's design and implementation, if applicable; and (6824)

(5) submit a contract application on forms prescribed by the commission. (6825)

(e) The commission shall use a noncompetitive procurement procedure to award a contract under Section 51.003(a) or (b) if the commission determines that there is no competition between eligible family violence centers for services or a service area. If the commission determines that there is competition between eligible family violence centers for services or a service area, the commission shall award a contract under Section 51.003(a) or (b) through an application process that considers the eligibility requirements and other factors provided in this section and allocates the money in accordance with this chapter and with consideration of the family violence services plan under Section 51.0021. (6826)

(f) The commission shall consult with a statewide family violence organization to develop the application process described in Subsection (e) but may not involve the organization in the contract selection or award process. (6827)

(g) To the extent of any conflict between this section and any other law, including Chapter 2155, Government Code, this section controls. (6828)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, Sec. 4, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, Sec. 6, eff. Sept. 1, 2001. (6829)

Amended by: (6830)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.292, eff. April 2, 2015. (6831)

Acts 2015, 84th Leg., R.S., Ch. 1131 (S.B. 59), Sec. 1, eff. June 19, 2015. (6832)

Acts 2015, 84th Leg., R.S., Ch. 1131 (S.B. 59), Sec. 2, eff. June 19, 2015. (6833)

Sec. 51.005. CONTRACT SPECIFICATIONS. (6834)(1-click HTML)

(a) The commission shall contract only with public or private nonprofit organizations that fulfill the requirements of this chapter. (6835)

(b) The contracts shall require the persons operating a family violence center to: (6836)

(1) make a quarterly and an annual financial report on a form prescribed by the commission; (6837)

(2) cooperate with inspections the commission makes to ensure services standards and fiscal responsibility; and (6838)

(3) provide, as its primary purpose, services to victims of family violence that include: (6839)

(A) 24-hour-a-day shelter, except that a family violence nonresidential center may provide access to a 24-hour-a-day shelter; (6840)

(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; (6841)

(C) access to emergency medical care; (6842)

(D) intervention services, including safety planning, understanding and support, information, education, referrals, and other resource assistance; (6843)

(E) access to emergency transportation; (6844)

(F) legal assistance in the civil and criminal justice systems, including: (6845)

(i) identifying individual needs, legal rights, and legal options; and (6846)

(ii) providing support and accompaniment in pursuing those options; (6847)

(G) information about educational arrangements for children; (6848)

(H) information about training for and seeking employment; (6849)

(I) cooperation with criminal justice officials; (6850)

(J) community education; (6851)

(K) a referral system to existing community services; and (6852)

(L) a volunteer recruitment and training program. (6853)

(c) The contracts may require the persons operating a family violence center to use intake and case study forms. Forms required shall be developed by the commission with consultation as outlined in Section 51.008. (6854)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, Sec. 5, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, Sec. 7, eff. Sept. 1, 2001. (6855)

Amended by: (6856)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.293, eff. April 2, 2015. (6857)

Sec. 51.0051. MAXIMIZING FEDERAL FUNDING FOR PROGRAMS TO BENEFIT VICTIMS OF FAMILY VIOLENCE. (6858)(1-click HTML)

To maximize the state's receipt of federal matching funds for emergency assistance under Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et seq.): (6859)

(1) the commission shall: (6860)

(A) ensure that a contract made under Section 51.003 includes provisions necessary to maximize federal funding for services for victims of family violence; and (6861)

(B) file amendments to the state's plan for aid and services to needy families with children under Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et seq.), that are necessary to maximize federal funding; and (6862)

(2) the executive commissioner shall establish by rule any reporting procedures that federal law requires as a condition of receiving federal matching funds. (6863)

Added by Acts 1995, 74th Leg., ch. 609, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 6.11, eff. Sept. 1, 1995. (6864)

Amended by: (6865)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.294, eff. April 2, 2015. (6866)

Sec. 51.006. REPORT. (6867)(1-click HTML)

(a) Not later than November 1 of each even-numbered year, the commission shall publish a report that summarizes reports from family violence centers under contract with the commission and that analyzes the effectiveness of the contracts authorized by this chapter. The reports must include information on the expenditure of funds authorized under this chapter, the services provided, the number of persons for whom a service was provided, and any other information relating to the provision of family violence services. Copies of the report shall be submitted to the governor, the lieutenant governor, the speaker of the house of representatives, the Legislative Budget Board, and the standing committees of the senate and house of representatives having primary jurisdiction over the commission. (6868)

(b) The report required under Subsection (a) may be published electronically on the commission's Internet website. The commission shall notify each agency entitled to receive a copy of the report that the report is available on the commission's Internet website on or before the date the report is due. (6869)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, Sec. 5, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 693, Sec. 6, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 6, Sec. 8, eff. Sept. 1, 2001. (6870)

Amended by: (6871)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 72, eff. September 1, 2013. (6872)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.295, eff. April 2, 2015. (6873)

Sec. 51.007. CONFIDENTIALITY. (6874)(1-click HTML)

The commission may not disclose any information that would identify: (6875)

(1) a particular family violence center location; (6876)

(2) a board member of a family violence center or family violence special project; or (6877)

(3) a person working at or receiving services through a family violence center or family violence special project. (6878)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, Sec. 5, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, Sec. 9, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 161, Sec. 1, eff. May 27, 2003. (6879)

Amended by: (6880)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.296, eff. April 2, 2015. (6881)

Sec. 51.008. CONSULTATIONS. (6882)(1-click HTML)

In implementing this chapter, the commission shall consult with individuals and groups having knowledge of and experience in the problems of family violence. (6883)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. (6884)

Amended by: (6885)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.297, eff. April 2, 2015. (6886)

Sec. 51.009. GRANTS AND FUNDS. (6887)(1-click HTML)

The commission may seek other funds that may be available for the contracts authorized by this chapter. (6888)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. (6889)

Amended by: (6890)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.298, eff. April 2, 2015. (6891)

Sec. 51.010. RULES. (6892)(1-click HTML)

The executive commissioner may adopt rules necessary to implement this chapter. (6893)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. (6894)

Amended by: (6895)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.299, eff. April 2, 2015. (6896)

Sec. 51.011. FUNDING. (6897)(1-click HTML)

(a) In order to finance the program created by this chapter, the commission is authorized to solicit and receive grants of money from either private or public sources, including appropriation by the legislature from the general revenue fund of the State of Texas, and in that regard it is hereby declared that the need for and importance of this program require priority and preferential consideration in appropriation. (6898)

(b) The commission may use not more than six percent of the annual legislative appropriation to the family violence program for administration of this chapter and not more than six percent annually for the contracts described in Section 51.003(c). (6899)

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 2001, 77th Leg., ch. 6, Sec. 10, eff. Sept. 1, 2001. (6900)

Amended by: (6901)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.300, eff. April 2, 2015. (6902)

Sec. 51.012. COORDINATION OF SERVICES. (6903)(1-click HTML)

The commission and the Department of Family and Protective Services shall coordinate the provision of violence prevention services for children. (6904)

Added by Acts 2001, 77th Leg., ch. 6, Sec. 11, eff. Sept. 1, 2001. (6905)

Amended by: (6906)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.301, eff. April 2, 2015. (6907)

CHAPTER 52. INFORMATION RELATING TO SCHOOL AGE PREGNANCY (6908)(1-click HTML)
Sec. 52.001. SCHOOL AGE PREGNANCY PREVENTION. (6909)(1-click HTML)

(a) The department is designated as the state agency to collect statistical information on school age pregnancy and disburse such statistics to the proper state agencies. (6910)

(b) The department shall: (6911)

(1) set guidelines for keeping statistical information on school age pregnancy and parenthood by agencies, organizations, and individuals so that the information may be evaluated and compared; (6912)

(2) collect information relating to school age pregnancy as considered necessary by the department, including information on educational programs provided in the public school system relating to family life education, abstinence from sex, and sexually transmitted diseases; (6913)

(3) serve as a statewide clearinghouse on information relating to school age pregnancy and education on abstinence from sex and make it available to the legislature, other state agencies, and private entities that are involved in preventing school age pregnancy, addressing the problems caused by school age pregnancy, or encouraging abstinence from sex; (6914)

(4) analyze and evaluate the data collected on and studies relating to school age pregnancy and make the analysis and information readily available to the legislature, relevant agencies, and the public; and (6915)

(5) make recommendations to the relevant state agencies or the legislature to prevent duplication of services. (6916)

(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(115), eff. June 17, 2011. (6917)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.19, eff. Sept. 1, 1987. (6918)

Amended by: (6919)

Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 17, eff. September 1, 2011. (6920)

Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 23(11), eff. September 1, 2011. (6921)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 19, eff. June 17, 2011. (6922)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(115), eff. June 17, 2011. (6923)

CHAPTER 53. PREVENTIVE SERVICES FOR VETERANS AND MILITARY FAMILIES (6924)(1-click HTML)
Sec. 53.001. DEFINITIONS. (6925)(1-click HTML)

In this chapter: (6926)

(1) "Department" means the Department of Family and Protective Services. (6927)

(2) "Veteran" means a person who has served in: (6928)

(A) the army, navy, air force, coast guard, or marine corps of the United States; (6929)

(B) the state military forces as defined by Section 431.001, Government Code; or (6930)

(C) an auxiliary service of one of those branches of the armed forces. (6931)

Added by Acts 2015, 84th Leg., R.S., Ch. 324 (H.B. 19), Sec. 1, eff. June 4, 2015. (6932)

Sec. 53.002. VETERANS AND MILITARY FAMILIES PREVENTIVE SERVICES PROGRAM. (6933)(1-click HTML)

(a) The department shall develop and implement a preventive services program to serve veterans and military families who have committed or experienced or who are at a high risk of: (6934)

(1) family violence; or (6935)

(2) abuse or neglect. (6936)

(b) The program must: (6937)

(1) be designed to coordinate with community-based organizations to provide prevention services; (6938)

(2) include a prevention component and an early intervention component; (6939)

(3) include collaboration with services for child welfare, services for early childhood education, and other child and family services programs; and (6940)

(4) coordinate with the community collaboration initiative developed under Subchapter I, Chapter 434, Government Code, and committees formed by local communities as part of that initiative. (6941)

(c) The program must be established initially as a pilot program in areas of the state in which the department considers the implementation practicable. The department shall evaluate the outcomes of the pilot program and ensure that the program is producing positive results before implementing the program throughout the state. (6942)

(d) The department shall evaluate the program and prepare an annual report on the outcomes of the program. The department shall publish the report on the department's Internet website. (6943)

Added by Acts 2015, 84th Leg., R.S., Ch. 324 (H.B. 19), Sec. 1, eff. June 4, 2015. (6944)

TITLE 3. FACILITIES AND SERVICES FOR CHILDREN (6945)(1-click HTML)

SUBTITLE A. FACILITIES FOR CHILDREN (6946)(1-click HTML)

CHAPTER 62. DETENTION HOMES AND PARENTAL SCHOOLS (6947)(1-click HTML)
Sec. 62.001. DETENTION HOMES AND PARENTAL SCHOOLS. (6948)(1-click HTML)

(a) Any county may establish detention homes and parental schools for juveniles. The commissioners court may appropriate necessary funds from the general fund of the county to establish, equip, and maintain detention homes and parental schools for the juveniles of the county. (6949)

(b) Any county in which no detention home or parental school exists may appropriate funds necessary to pay for the proper care and training of its juveniles in the detention home or parental school of any county that agrees to receive the juveniles. The cost of the care shall be agreed on by the commissioners courts of the counties concerned. (6950)

(c) If, in the opinion of the commissioners court, it is necessary to levy a special tax to establish and maintain a detention home or parental school or to pay for the care and training of juveniles as provided by Subsection (b) of this section, the commissioners court may hold a special election on the question of levying the tax. If a petition signed by 10 percent of the qualified voters of the county is submitted requesting a special election, the commissioners court shall hold the special election. (6951)

(d) All elections held under Subsection (c) of this section shall be governed by the general laws relating to elections for the levy of special school taxes. (6952)

Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. (6953)

Sec. 62.002. MULTICOUNTY FACILITIES. (6954)(1-click HTML)

(a) The purpose of this section is to enable counties jointly to provide better probation services and detention and diagnostic facilities for juveniles than the counties, acting singly, would be able to provide. (6955)

(b) The commissioners courts of two or more counties may enter into cooperative agreements to acquire, maintain, and operate detention and diagnostic facilities for juveniles. The counties may maintain, improve, and operate the property so acquired and all improvements thereon, and may sell or lease all or any part of the property and improvements in accordance with the terms of the cooperative agreement. The counties may accept any donation or gift made for the purpose of acquiring, maintaining, or operating the juvenile facilities. (6956)

(c) In accordance with the terms of the cooperative agreement, each county which is a party to the agreement may issue the bonds of the county as provided by Chapter 1301, Government Code, for the purpose of acquiring, maintaining, and operating the facilities for juveniles. (6957)

(d) The commissioners courts of two or more counties may enter into cooperative agreements to provide probation services for juveniles. The cooperative agreement shall set forth in detail how the probation services are to be provided and financed. (6958)

Acts 1979, 66th Leg., p. 2388, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.281, eff. Sept. 1, 2001. (6959)

CHAPTER 63. RESIDENTIAL FACILITIES FOR CERTAIN DELINQUENT CHILDREN (6960)(1-click HTML)
Sec. 63.001. DEFINITIONS. (6961)(1-click HTML)

In this chapter: (6962)

(1) "Juvenile" means a person from the age of 10 to 18 years who has been found to have engaged in delinquent conduct by a court of competent jurisdiction. (6963)

(2) "Facility" means a residential facility for the placement of juveniles for periods up to one year in length. (6964)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6965)

Amended by: (6966)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.003, eff. September 1, 2009. (6967)

Sec. 63.002. AUTHORITY TO OPERATE FACILITY. (6968)(1-click HTML)

A county or a combination of counties may, and they are hereby authorized to, elect to own, establish, operate, and staff a long-term residential facility for the detention of juvenile offenders. (6969)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6970)

Amended by: (6971)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.004, eff. September 1, 2009. (6972)

Sec. 63.003. GOVERNMENTAL NATURE OF FACILITY. (6973)(1-click HTML)

The facility is an agency of the state, a governmental unit, and a unit of local government as defined and specified by Chapters 101 and 102, Civil Practice and Remedies Code, and a local government as defined by Section 791.003, Government Code. (6974)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6975)

Amended by: (6976)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.005, eff. September 1, 2009. (6977)

Sec. 63.004. BOARD OF TRUSTEES: SINGLE COUNTY FACILITY. (6978)(1-click HTML)

The facility shall be governed by a board of trustees. The board of trustees for a facility created by a single county may be the commissioners court of the forming county, or the commissioners court may appoint from the qualified voters of the region to be served a board of trustees consisting of no less than five nor more than nine persons. If the board of trustees is appointed from the qualified voters of the region to be served, the terms of the members thereof shall be staggered by appointing not less than one-third nor more than one-half of the members for one year, or until their successors are appointed, and by appointing the remaining members for two years, or until their successors are appointed. Thereafter, all appointments shall be made for a two-year period, or until their successors are appointed. Appointments made to fill unexpired terms shall be for the period of the unexpired term, or until a successor is appointed. (6979)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6980)

Amended by: (6981)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.006, eff. September 1, 2009. (6982)

Sec. 63.005. BOARD OF TRUSTEES: COMBINATION OF COUNTIES FACILITY. (6983)(1-click HTML)

A facility created by a combination of counties shall be governed by a board of trustees. Such board of trustees shall consist of not less than five nor more than nine members selected from the commissioners court of such counties, or such commissioners court may jointly appoint a board of trustees from among the qualified voters of the region to be served in the manner described above. (6984)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6985)

Amended by: (6986)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.007, eff. September 1, 2009. (6987)

Sec. 63.006. BOARD MEETINGS. (6988)(1-click HTML)

The board of trustees shall make rules to govern the holding of regular and special meetings. All meetings of the board of trustees shall be open to the public to the extent required by and in accordance with the general law of this state requiring meetings of governmental bodies to be open to the public. Should the board of trustees discuss any juvenile either in residence in the facility, being transferred to the facility, or who has formerly been a resident of the facility, such discussion shall be conducted in closed session, and such discussion, or any record thereof, shall not be open to the public. (6989)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6990)

Amended by: (6991)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.008, eff. September 1, 2009. (6992)

Sec. 63.007. QUORUM. (6993)(1-click HTML)

A majority of the membership of the board of trustees shall constitute a quorum for the transaction of business. (6994)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (6995)

Amended by: (6996)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.009, eff. September 1, 2009. (6997)

Sec. 63.008. FACILITY ADMINISTRATION. (6998)(1-click HTML)

The board of trustees is responsible for the administration of the facility. (6999)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7000)

Amended by: (7001)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.010, eff. September 1, 2009. (7002)

Sec. 63.009. BOARD POLICIES. (7003)(1-click HTML)

The board of trustees shall develop policies consistent with the rules, regulations, and standards of the Texas Juvenile Justice Department. (7004)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7005)

Amended by: (7006)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.011, eff. September 1, 2009. (7007)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 119, eff. September 1, 2015. (7008)

Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. (7009)(1-click HTML)

The board of trustees shall standardize qualifications for personnel positions in the community center consistent with those established by the Texas Juvenile Justice Department. (7010)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7011)

Amended by: (7012)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.012, eff. September 1, 2009. (7013)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 120, eff. September 1, 2015. (7014)

Sec. 63.011. ADVISORY COMMITTEES. (7015)(1-click HTML)

The board of trustees may appoint advisory committees to advise the board on matters relating to the administration of the facility. No such committee shall consist of less than five members, and the appointment of such committees shall not relieve the board of trustees of final responsibility and accountability as provided in this chapter. (7016)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7017)

Amended by: (7018)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.013, eff. September 1, 2009. (7019)

Sec. 63.012. FACILITY EXECUTIVE DIRECTOR: APPOINTMENT. (7020)(1-click HTML)

The board of trustees shall appoint an executive director for the facility. (7021)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7022)

Amended by: (7023)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.014, eff. September 1, 2009. (7024)

Sec. 63.013. FACILITY EXECUTIVE DIRECTOR: DELEGATED POWERS. (7025)(1-click HTML)

The executive director shall have the powers delegated by and be subject to the policy direction of the board of trustees. (7026)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7027)

Amended by: (7028)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.015, eff. September 1, 2009. (7029)

Sec. 63.014. FACILITY PERSONNEL. (7030)(1-click HTML)

The board of trustees or the director may employ and train personnel for the administration of the various programs and services of the facility. The employee shall be provided the appropriate rights, privileges, and benefits available to the employees of the governing bodies that establish the facility. The board of trustees is authorized to provide workers' compensation benefits in the manner provided by Chapter 504, Labor Code. (7031)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.64, eff. Sept. 1, 1995. (7032)

Amended by: (7033)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.016, eff. September 1, 2009. (7034)

Sec. 63.015. COUNTY CONTRIBUTIONS. (7035)(1-click HTML)

Each county participating in the creation of the facility may contribute lands, buildings, personnel, and funds for the administration of the various programs and services of the facility. (7036)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7037)

Amended by: (7038)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.017, eff. September 1, 2009. (7039)

Sec. 63.016. GIFTS, GRANTS, AND DONATIONS. (7040)(1-click HTML)

The board of trustees of the facility may accept gifts, grants, and donations of money, personal property, and real property for use in the administration of its programs and services. (7041)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7042)

Amended by: (7043)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.018, eff. September 1, 2009. (7044)

Sec. 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (7045)(1-click HTML)

(a) In the instance of a facility formed by a single county, the commissioners court of the creating county may acquire, through gift, purchase, condemnation, or any other method, real property for the purpose of locating a facility on such property. Such property may be acquired outside of the boundaries of the creating county if, in the opinion of the commissioners court of the forming county, there will exist a demand for the services to be provided by the facility in the county in which the facility is to be located in addition to any need which may already exist within the boundaries of the creating county. (7046)

(b) The board of trustees for a facility created by a single county shall establish rules and regulations for the admission of juveniles into the facility from other than the forming county. Such rules may allow that the forming county shall have priority in the placement of its juveniles into the facility. The board may establish a rate of charges to be paid by the county of origin of the juvenile being placed into the facility, and such rates may be reduced for those juveniles being admitted from the county which created the facility. (7047)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7048)

Amended by: (7049)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.019, eff. September 1, 2009. (7050)

Sec. 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (7051)(1-click HTML)

(a) In the instance of a facility being created by two or more counties, the commissioners courts of the forming counties may acquire, by gift, purchase, condemnation, or other means, real property for the purpose of locating the facility on such property. The method of acquisition and the amount of cost sharing between those counties shall be negotiated among the forming counties and reduced to contract. Such property to be acquired shall be situated within the boundaries of any one of the creating counties. (7052)

(b) The board of trustees for a facility created by an organizational component of two or more counties shall establish rules and regulations for the admission of juveniles who are residents of other than the creating counties. The board may establish a rate of charges to be paid by the county of origin of the juvenile being placed into the facility, and those rates may be reduced for juveniles being admitted from a county that was part of the organizational component that created the facility. (7053)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7054)

Amended by: (7055)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.020, eff. September 1, 2009. (7056)

Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES. (7057)(1-click HTML)

The board of trustees may make rules consistent with those promulgated by the Texas Juvenile Justice Department and the policies, principles, and standards provided in this Act to regulate the administration of services by the facility to the juveniles placed into the facility. (7058)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7059)

Amended by: (7060)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.021, eff. September 1, 2009. (7061)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 121, eff. September 1, 2015. (7062)

Sec. 63.020. MINIMUM SERVICES TO BE PROVIDED. (7063)(1-click HTML)

The board of trustees will provide at least the following services to a juvenile who is placed into the facility: (7064)

(1) Education. Upon admission into the facility, the juvenile will be tested to determine his educational level, and a program of instruction consistent with the juvenile's educational level shall be developed to educate the juvenile. Education shall be given to each juvenile admitted in the facility consistent with the standards set forth by the Texas Juvenile Justice Department. (7065)

(2) Counseling. Upon admission into the facility, the juvenile shall be examined by a trained psychologist or psychiatrist to determine if the juvenile would benefit from a program of counseling. At the completion of such examination, the findings of the psychologist or psychiatrist shall be forwarded to the director in the form of a recommendation that counseling be given to the juvenile, along with a program of counseling to be adhered to by the staff of the facility. (7066)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7067)

Amended by: (7068)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.022, eff. September 1, 2009. (7069)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 122, eff. September 1, 2015. (7070)

Sec. 63.021. LIST OF SERVICES. (7071)(1-click HTML)

The board of trustees of the facility shall devise a list of services that it will offer to each juvenile who is placed into the facility for the use by the court in making its determination as to whether the juvenile would benefit by admission into the facility. (7072)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7073)

Amended by: (7074)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.023, eff. September 1, 2009. (7075)

Sec. 63.022. FACILITY RESEARCH AND RECRUITMENT AND TRAINING OF PERSONNEL; CONTRACTS AUTHORIZED. (7076)(1-click HTML)

The facility may engage in research and in recruitment and training of personnel in support of its programs and services and may make contracts for those purposes. (7077)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7078)

Amended by: (7079)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.024, eff. September 1, 2009. (7080)

Sec. 63.023. FEES FOR SERVICES. (7081)(1-click HTML)

The board of trustees for the facility may charge reasonable fees to cover costs for services provided, except where prohibited by other service contracts or by law. (7082)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7083)

Amended by: (7084)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.025, eff. September 1, 2009. (7085)

Sec. 63.024. PAYMENT OF FEES BY COUNTY. (7086)(1-click HTML)

In collecting fees for the treatment rendered juveniles, the director will bill directly that county in which the juvenile resided prior to his admission to the facility. The county that receives such a bill from the director must pay that bill within 45 days of its receipt. (7087)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7088)

Amended by: (7089)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.026, eff. September 1, 2009. (7090)

Sec. 63.025. ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED TO JUVENILES RESIDING IN ANOTHER COUNTY. (7091)(1-click HTML)

The board of trustees may provide that juveniles who reside outside the boundaries of a county that participated in the formation of the facility may be admitted to the facility. However, the charges to the county of residence of the juvenile may be billed at a rate higher than that charged to a county that participated in the formation of the facility. (7092)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7093)

Amended by: (7094)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.027, eff. September 1, 2009. (7095)

Sec. 63.026. COURT-ORDERED ADMISSION. (7096)(1-click HTML)

A juvenile may be admitted upon the order of a court of competent jurisdiction that finds that the juvenile has engaged in delinquent conduct and is in need of supervision or is experiencing a dysfunctional home environment and will benefit from placement in the facility. (7097)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7098)

Amended by: (7099)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.028, eff. September 1, 2009. (7100)

Sec. 63.027. LIMITATION ON PERIOD FOR JUVENILE'S RESIDENCE. (7101)(1-click HTML)

The court will include in its order the length of time that the juvenile will reside in the facility, which will not exceed a period of one year. At the conclusion of the one-year period, the court will make a determination as to whether the juvenile will benefit from further residence within the facility. The court may then order the juvenile to be placed into the facility for additional time not to exceed one year. (7102)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7103)

Amended by: (7104)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.029, eff. September 1, 2009. (7105)

Sec. 63.028. MODIFICATION OF COURT ORDER. (7106)(1-click HTML)

The court may modify any order by which a juvenile is placed in the facility upon recommendation of the director of the facility. (7107)

Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989. (7108)

Amended by: (7109)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.030, eff. September 1, 2009. (7110)

SUBTITLE B. SERVICES FOR CHILDREN (7111)(1-click HTML)

CHAPTER 72. HEAD START PROGRAMS (7112)(1-click HTML)
Sec. 72.001. DEFINITION. (7113)(1-click HTML)

In this chapter, "Head Start program" means the federal program established under the Head Start Act (42 U.S.C. Section 9831 et seq.) and its subsequent amendments. (7114)

Added by Acts 1999, 76th Leg., ch. 402, Sec. 2, eff. Aug. 30, 1999. (7115)

Sec. 72.002. EDUCATIONAL SERVICES. (7116)(1-click HTML)

To promote the comprehensive health, safety, and well-being of children receiving child care through Head Start programs, a program provider shall provide educational services to children participating in the program so that each child is prepared to enter school and is ready to learn after completing the program. The educational services provided must include components designed to enable a child to: (7117)

(1) develop phonemic, print, and numeracy awareness, including the ability to: (7118)

(A) recognize that letters of the alphabet are a special category of visual graphics that can be individually named; (7119)

(B) recognize a word as a unit of print; (7120)

(C) identify at least 10 letters of the alphabet; and (7121)

(D) associate sounds with written words; (7122)

(2) understand and use language to communicate for various purposes; (7123)

(3) understand and use an increasingly complex and varied vocabulary; (7124)

(4) develop and demonstrate an appreciation of books; and (7125)

(5) progress toward mastery of the English language, if the child's primary language is a language other than English. (7126)

Added by Acts 1999, 76th Leg., ch. 402, Sec. 2, eff. Aug. 30, 1999. (7127)

Sec. 72.003. COORDINATION OF SERVICES. (7128)(1-click HTML)

(a) In a manner consistent with federal law and regulations, each Head Start and Early Head Start program provider shall coordinate with the Texas Workforce Commission and local workforce development boards regarding subsidized child-care services. (7129)

(b) The coordination required by this section must include coordinating to ensure, to the extent practicable, that full-day, full-year child-care services are available to meet the needs of low-income parents who are working or participating in workforce training or workforce education. The coordination may also include: (7130)

(1) cooperating with the Texas Workforce Commission regarding studies conducted by the commission; (7131)

(2) collecting data necessary to determine a child's eligibility for subsidized child-care services or a Head Start or Early Head Start program, when permissible; (7132)

(3) cooperating to provide for staff training and professional development activities; (7133)

(4) identifying and developing methods for the collaborative provision of subsidized child-care services and Head Start or Early Head Start program services, including: (7134)

(A) sharing facilities or staff; and (7135)

(B) increasing the enrollment capacity of those programs; (7136)

(5) identifying child-care facilities located in close proximity to Head Start or Early Head Start programs; and (7137)

(6) coordinating transportation between child-care facilities identified under Subdivision (5) and a Head Start or Early Head Start program. (7138)

Added by Acts 2001, 77th Leg., ch. 616, Sec. 1, eff. Sept. 1, 2001. (7139)

  

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