CHAPTER 51. FAMILY VIOLENCE CENTERS

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > Chapter-51-family-violence-centers

HUMAN RESOURCES CODE

TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES

SUBTITLE E. SERVICES FOR FAMILIES

CHAPTER 51. FAMILY VIOLENCE CENTERS

Sec. 51.001. PURPOSE. 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.

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.

Sec. 51.002. DEFINITIONS. In this chapter:

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

Code.

(2) "Family violence" means an act by a member of a family or

household against another member of the family or household that:

(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

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

emotional abuse.

(3) "Family violence center" includes a family violence shelter

center and a family violence nonresidential center.

(4) "Family violence nonresidential center" means a program

that:

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

and

(B) provides comprehensive nonresidential services to victims of

family violence.

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

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

and

(B) provides comprehensive residential and nonresidential

services to victims of family violence.

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

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

and

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

(7) "Household" has the meaning assigned by Section 71.005,

Family Code.

(8) "Member of a household" has the meaning assigned by Section

71.006, Family Code.

(9) "Victim of family violence" means:

(A) an adult member of a family or household who is subjected to

an act of family violence; or

(B) a member of the household of the adult described by

Paragraph (A), other than the member of the household who commits

the act of family violence, including an act of emotional abuse.

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.

Sec. 51.0021. FAMILY VIOLENCE SERVICES PLAN. (a) The

department shall develop and maintain a plan for delivering

family violence services in this state.

(b) In developing the plan under this section, the department

shall consider the geographic distribution of services and the

need for services, including the need for increasing services for

underserved populations.

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

Sec. 51.003. CONTRACTS. (a) The department 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 department 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 department 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.

(b) The department may contract with family violence special

projects for services. The department shall consider the plan for

family violence services under Section 51.0021 in contracting

with family violence special projects.

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 department may contract for the provision

of public education, consultation to the department, 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.

(d) The department shall award all contracts made under

Subsection (c) through a competitive bidding process unless that

process would not be cost-effective.

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.

Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a contract

under Section 51.003(a), a family violence shelter center must:

(1) provide temporary lodging and direct delivery of services

for adults and their dependents;

(2) have been in actual operation offering shelter services 24

hours a day with a capacity for not less than five persons for at

least one year before the date on which the contract is awarded;

(3) demonstrate that the center, through the services it

provides, is addressing a need in the community consistent with

the plan for family violence services under Section 51.0021; and

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

department.

(b) To be eligible for a contract under Section 51.003(a), a

family violence nonresidential center must:

(1) provide, as its primary purpose, direct delivery of services

to adult victims of family violence;

(2) demonstrate a system of referring victims of family violence

to at least one family violence shelter center or other safe

temporary lodging;

(3) have been operating and providing comprehensive services,

including the services described by Section 51.005(b)(3), to

victims of family violence for at least one year before the date

on which the contract is awarded;

(4) demonstrate that the center, through the services it

provides, is addressing a need in the community consistent with

the plan for family violence services under Section 51.0021; and

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

department.

awarding contracts under Section 51.003(a):

(1) the family violence center's eligibility for and use of

funds from the federal government, philanthropic organizations,

and voluntary sources;

(2) community support for the family violence center, as

evidenced by financial contributions from civic organizations,

local governments, and individuals;

(3) evidence that the family violence center provides services

that encourage self-sufficiency and effectively uses community

resources;

(4) evidence of involvement with local law enforcement

officials; and

(5) support for the family violence center through volunteer

work, especially volunteer effort by persons who have been

victims of family violence.

(d) To be eligible for a contract under Section 51.003(b), a

family violence special project must:

(1) provide:

(A) community education relating to family violence; or

(B) direct delivery of services for adult victims of family

violence or their children;

(2) demonstrate a system of referring victims of family violence

to at least one family violence shelter center or other safe

temporary lodging;

(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;

(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

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

department.

(e) The department shall use a noncompetitive procurement

procedure if the department determines that there is no

competition between eligible family violence centers for a

service area. If the department determines that there is

competition between eligible family violence centers for a

service area, the department shall award a contract through a

competitive procurement procedure.

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.

Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department shall

contract only with public or private nonprofit organizations that

fulfill the requirements of this chapter.

(b) The contracts shall require the persons operating a family

violence center to:

(1) make a quarterly and an annual financial report on a form

prescribed by the department;

(2) cooperate with inspections the department makes to ensure

services standards and fiscal responsibility; and

(3) provide, as its primary purpose, services to victims of

family violence that include:

(A) 24-hour-a-day shelter, except that a family violence

nonresidential center may provide access to a 24-hour-a-day

shelter;

(B) a 24-hour-a-day crisis hotline, except that a family

violence nonresidential center may provide access to a

24-hour-a-day crisis hotline operated by another organization

located in the nonresidential center's service area;

(D) intervention services, including safety planning,

understanding and support, information, education, referrals, and

other resource assistance;

(E) access to emergency transportation;

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

including:

(i) identifying individual needs, legal rights, and legal

options; and

(ii) providing support and accompaniment in pursuing those

options;

(G) information about educational arrangements for children;

(H) information about training for and seeking employment;

(I) cooperation with criminal justice officials;

(J) community education;

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

(L) a volunteer recruitment and training program.

violence center to use intake and case study forms. Forms

required shall be developed by the department with consultation

as outlined in Section 51.008.

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.

Sec. 51.0051. MAXIMIZING FEDERAL FUNDING FOR PROGRAMS TO BENEFIT

VICTIMS OF FAMILY VIOLENCE. 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.),

the department shall:

(1) ensure that a contract made under Section 51.003 includes

provisions necessary to maximize federal funding for services for

victims of family violence;

(2) 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

(3) establish by rule any reporting procedures that federal law

requires as a condition of receiving federal matching funds.

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.

Sec. 51.006. REPORT. Not later than November 1 of each

even-numbered year, the department shall publish a report that

summarizes reports from family violence centers under contract

with the department 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. The report may be combined

with the report required by Section 21.011. 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 department.

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.

Sec. 51.007. CONFIDENTIALITY. The department may not disclose

any information that would identify:

(1) a particular family violence center location;

(2) a board member of a family violence center or family

violence special project; or

(3) a person working at or receiving services through a family

violence center or family violence special project.

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.

Sec. 51.008. CONSULTATIONS. In implementing this chapter, the

department shall consult with individuals and groups having

knowledge of and experience in the problems of family violence.

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

Sept. 1, 1981.

Sec. 51.009. GRANTS AND FUNDS. The department may seek other

funds that may be available for the contracts authorized by this

chapter.

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

Sept. 1, 1981.

Sec. 51.010. RULES. The department may adopt rules necessary to

implement this chapter.

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

Sept. 1, 1981.

Sec. 51.011. FUNDING. (a) In order to finance the program

created by this chapter, the department 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.

(b) The department 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).

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.

Sec. 51.012. COORDINATION OF SERVICES. The department and the

Department of Protective and Regulatory Services shall coordinate

the provision of violence prevention services for children.

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

2001.

State Codes and Statutes

State Codes and Statutes

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