• Texas Code
  • Texas Human Resources Code

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

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 1, eff. Sept. 1, 1989.

     In this chapter:

     (1) "Family violence shelter center" means a program that is operated by a public or private nonprofit organization and that provides shelter and services to victims of family violence.

     (2) "Victim of family violence" means:

     (A) an adult who is subjected to physical force or the threat of physical force by another who is related by affinity or consanguinity, as determined under Chapter 573, Government Code, to that adult, who is a former spouse of that adult, or who resides in the same household with that adult; or

     (B) an individual, other than an individual using physical force or the threat of physical force, who resides in the same household with a victim of family violence as defined in Paragraph (A) of this subdivision.

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 2, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 561, § 36, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.

     (a) The Texas Department of Human Services shall contract for services with family violence shelter centers with consideration given to geographic distribution and need. These contracts are to expand existing family violence shelter center services and may not result in reducing financial support a family violence shelter center receives from another source. The contracts shall not provide for more than 75 percent of the cost of the family violence shelter center program. The department shall develop a declining scale of state financial support for family violence shelter centers, declining over a six-year period from the initiation of each individual contract, with no more than 50 percent of a family violence shelter 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 shelter center shall demonstrate that exigent circumstances require such a waiver.

     (b) The department shall contract statewide for activities that support and advance the work of family violence shelter centers. A contract must require the provision of technical assistance and training for family violence shelter centers. The contract may require 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.

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 264, § 19, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 636, § 3, eff. Sept. 1, 1989.

     (a) To be eligible for a contract under Section 51.003(a) of this code, a public or private nonprofit organization must operate a family violence shelter center that provides temporary lodging and social services for adults and their children who have left or have been removed from the family home because of family violence. The family violence shelter center must have been in actual operation offering shelter services 24 hours a day with a capacity for not less than five persons for at least nine months before the date that the contract is awarded. The contract application must be submitted on forms prescribed by the department.

     (b) The department shall consider the following factors in awarding the contracts:

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

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

     (3) evidence that the shelter center provides services that encourage rehabilitation and effectively utilizes community resources;

     (4) the endorsement and involvement of local law enforcement officials; and

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

     (c) The department shall use a noncompetitive procurement procedure if the department determines that there is no competition between eligible family violence shelter centers for a service area. If the department determines that there is competition between eligible family violence shelter centers for a service area, the department shall award a contract through a competitive procurement procedure based on the factors in Subsection (b) of this section.

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 4, eff. Sept. 1, 1989.

     (a) The department shall contract only with family violence shelter centers that fulfill the requirements of this chapter.

     (b) The contracts shall require the persons operating a family violence shelter 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 a minimum access to the following:

     (A) 24–hour-a-day shelter;

     (B) a crisis call hotline available 24 hours a day;

     (C) emergency medical care;

     (D) counseling services;

     (E) emergency transportation;

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

     (G) 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.

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

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 5, eff. Sept. 1, 1989.

     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, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, § 6.11, eff. Sept. 1, 1995 .

     Not later than November 1 of each even-numbered year, the department shall publish a report that summarizes reports from family violence shelter 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 5, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 693, § 6, eff. Sept. 1, 1995.

     The department may not disclose any information gained through reports, collected case data, or inspections that would identify a particular center or a person working at or receiving services at a family violence shelter center.

Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 5, eff. Sept. 1, 1989.

     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, § 1, eff. Sept. 1, 1981.

     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, § 1, eff. Sept. 1, 1981.

     The department may adopt rules necessary to implement this chapter.

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

     (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 utilize 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 Subsection (b) of Section 51.003 of this chapter.

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