reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter E. Paid Fire Fighters and Fire Departments Not Connected With a Local Government › Section 419.085. Voluntary Regulation of Certain Nongovernmental Departments

Sec. 419.085.  VOLUNTARY REGULATION OF CERTAIN NONGOVERNMENTAL DEPARTMENTS.  (a)  A nongovernmental entity may apply to the commission for regulation under Subchapter B  if:
(1)  the entity is the employing authority for persons who, if employed by a local government, would be fire protection personnel under Section 419.021;  and
(2)  at the time of application, those fire protection employees are employed to provide fire protection for an unincorporated area that:
(A)  constitutes a rating territory established by the State Board of Insurance with a protected key rate assigned by the board;  and
(B)  has a population of more than 25,000.
(b)  The commission shall prescribe the procedures under which a nongovernmental entity may apply for regulation under this section and the means by which it may present evidence that it is eligible for regulation under Subsection (a).
(c)  The commission shall determine whether an entity that has applied for regulation under this section is eligible for regulation under Subsection (a). The commission shall approve a request for regulation if the entity meets the requirements of Subsection (a), and the commission shall notify the applying entity and the affected fire protection employees of its decision.
(d)  A nongovernmental entity, department, and fire protection employee regulated under this section are subject to Subchapter B and applicable commission rules to the same extent that Subchapter B and applicable commission rules apply to a local government, a fire department, or fire protection personnel employed by a local government.
(e)  A person, department, or other entity that is subject to regulation under this section is entitled to a reasonable period in which to comply with the requirements of Subchapter B and applicable commission rules.  The commission by rule shall determine the time period in which a person, department, or other entity must come into compliance with each requirement.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter E. Paid Fire Fighters and Fire Departments Not Connected With a Local Government › Section 419.086. Eligibility for Certain Training Assistance

Sec. 419.086.  ELIGIBILITY FOR CERTAIN TRAINING ASSISTANCE.  If an entity or the employees of an entity are regulated under this subchapter so that as a consequence of the regulation a certification fee is paid to the commission on behalf of each employee of the entity who would be fire protection personnel under Section 419.021 if the employee were employed by a local government, the commission shall use the special account in the general revenue fund created under Section 419.026(d) to provide training assistance to the entity to the same extent that the commission provides training assistance to a fire department under Section 419.031.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter E. Paid Fire Fighters and Fire Departments Not Connected With a Local Government › Section 419.087. Mandatory Regulation of Certain Nongovernmental Organizations and Personnel

Sec. 419.087.  MANDATORY REGULATION OF CERTAIN NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL.  (a)  In this section, "fire department," "fire protection personnel," and "local government" have the meanings assigned by Section 419.021.
(b)  An organization that is not a local government, a department of a local government, or a state or federal agency is subject to regulation by the commission under Subchapter B if the organization:
(1)  provides fire protection for a local government for profit under a contract or other agreement with the local government;  and
(2)  would be a fire department if it were a department of a local government.
(c)  A person who is not an employee of a local government or of a state or federal agency is subject to regulation by the commission under Subchapter B if the person:
(1)  provides fire protection for a local government under a contract or other agreement between the local government and either the person or an organization subject to regulation under Subsection (b);  and
(2)  would be fire protection personnel if employed by a local government.
(d)  A person or organization that is subject to regulation by the commission under this section is subject to Subchapter B and applicable commission rules to the same extent that Subchapter B and applicable commission rules apply to a fire department or to fire protection personnel.
(e)  The commission may create a separate certification class for persons regulated under this section.
(f)  A local government which provided fire protection for its citizens utilizing a fire department and fire protection personnel as of May 31, 1997, may not thereafter provide fire protection by utilizing an organization which is not a local government, a department of local government, or a state or federal agency and which provides fire protection for the local government for profit under a contract or other agreement with the local government without approval of a majority of the voters at an election called for that purpose.
Added by Acts 1993, 73rd Leg., ch. 912, Sec. 19, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.13, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter Z. Miscellaneous Provisions › Section 419.902. Coordination With Firemen's Training School

Sec. 419.902.  COORDINATION WITH FIREMEN'S TRAINING SCHOOL.  The commission and the director of the Texas Engineering Extension Service of The Texas A&M University System shall enter into a memorandum of understanding to coordinate the responsibilities of the commission with the training provided by the firemen's training school operated under Section 86.16, Education Code.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.14, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter Z. Miscellaneous Provisions › Section 419.903. Coordination With Texas Forest Service

Sec. 419.903.  COORDINATION WITH TEXAS FOREST SERVICE.  The commission and the director of the Texas Forest Service shall enter into a memorandum of understanding to coordinate the provision of training assistance and other assistance to fire-fighting entities.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 1.14, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter Z. Miscellaneous Provisions › Section 419.904. Technical Assistance to Emergency Services Districts

Sec. 419.904.  TECHNICAL ASSISTANCE TO EMERGENCY SERVICES DISTRICTS.  The commission may on request provide technical assistance to emergency services districts, including advice on the efficient and effective provision of fire protection within a district.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 1204, Sec. 2.003, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter Z. Miscellaneous Provisions › Section 419.905. Appeal of Commission Decisions

Sec. 419.905.  APPEAL OF COMMISSION DECISIONS.  (a)  A person dissatisfied with an action of the commission may appeal the action in accordance with Chapter 2001.
(b)  The attorney general, the district or county attorney, or an assistant of one of these persons shall represent the commission in an appeal under this section.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter Z. Miscellaneous Provisions › Section 419.907. Location of Offices of Commission, State Fire Marshal, and Texas Forest Service

Sec. 419.907.  LOCATION OF OFFICES OF COMMISSION, STATE FIRE MARSHAL, AND TEXAS FOREST SERVICE.  (a)  To the extent feasible, the commission, the state fire marshal, and the Texas Forest Service shall colocate office space outside of Travis County used for related functions performed by the three entities.
(b)  The commission, the commissioner of insurance, and the Texas Forest Service may enter into a memorandum of understanding to implement this section.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 1.15, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.006, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 419 - Texas Commission on Fire Protection › Subchapter Z. Miscellaneous Provisions › Section 419.908. Cooperation With Federal and State Entities in a Disaster

Sec. 419.908.  COOPERATION WITH FEDERAL AND STATE ENTITIES IN A DISASTER.  In a declared state of disaster under Section 418.014, the commission shall coordinate with appropriate state and federal agencies, including the governor's office of the homeland security and the Federal Emergency Management Agency.
Added by Acts 2009, 81st Leg., R.S., Ch. 1216 (S.B. 1011), Sec. 24, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.001. Short Title

Sec. 420.001.  SHORT TITLE.  This chapter may be cited as the Sexual Assault Prevention and Crisis Services Act.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.001 by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.002. Purpose

Sec. 420.002.  PURPOSE.  The purpose of this chapter is to promote the development throughout the state of locally based and supported nonprofit programs for the survivors of sexual assault and to standardize the quality of services provided.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.002 by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.004. Administration of Program

Sec. 420.004.  ADMINISTRATION OF PROGRAM.   The attorney general shall administer the Sexual Assault Prevention and Crisis Services Program and may delegate a power or duty given to the attorney general under this chapter to an employee in the attorney general's office.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.004 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.005. Grants

Sec. 420.005.  GRANTS.  (a)  For purposes described by Section 420.008, the attorney general may award grants to sexual assault programs, state sexual assault coalitions, and other appropriate local and statewide programs and organizations related to sexual assault.
(b)  The attorney general may by rule:
(1)  determine eligibility requirements for any grant awarded under this chapter;
(2)  require a grant recipient to offer minimum services for not less than nine months before receiving a grant and to continue to offer minimum services during the grant period; and
(3)  require a grant recipient to submit financial and programmatic reports.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1173, Sec. 17, eff. September 1, 2013.
(d)  This section does not prohibit a grant recipient from offering any additional service, including a service for sexual assault offenders.
(e)  A grant is governed by Chapter 783 and rules adopted under that chapter.
(f)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1173, Sec. 17, eff. September 1, 2013.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.005 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 4, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 5, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 17, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.006. Special Projects

Sec. 420.006.  SPECIAL PROJECTS.  The attorney general may consult and contract with or award grants to entities described by Section 420.005(a) for special projects to prevent sexual assault and improve services to survivors.
Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.007. Funding

Sec. 420.007.  FUNDING.  (a)  The attorney general may receive grants, gifts, or appropriations of money from the federal government, the state legislature, or private sources to finance the grant program created by this chapter.
(b)  The attorney general may not use more than 15 percent of the annual legislative appropriation to the attorney general under Section 420.008(c)(1) for the administration of this chapter.
(c)  The sexual assault prevention and crisis services fund is a special account in the general revenue fund.  Money deposited to the credit of the fund may be used only as provided by this subchapter and is not available for any other purpose.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.006 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.009. Report

Text of section as amended by Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 8
For text of section as amended by Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 30, see other Sec. 420.009.
Sec. 420.009.  REPORT.  Not later than December 10 of each even-numbered year, the attorney general shall publish a report regarding grants awarded under this chapter.  The report must analyze the effectiveness of the grants and include information on the expenditure of funds authorized by this chapter, the services provided, the number of persons receiving services, and any other information relating to the provision of sexual assault services.  A copy of the report shall be submitted to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, Senate Committee on Health and Human Services or its successor committee, and House Committee on Human Services or its successor committee.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.007 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.009. Report

Text of section as amended by Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 30
For text of section as amended by Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 8, see other Sec. 420.009.
Sec. 420.009.  REPORT.  The attorney general shall publish a report on the service not later than December 10 of each year.  The report must summarize reports from programs receiving grants from the attorney general, analyze the effectiveness of the grants, and include information on the expenditure of funds authorized by this chapter, the services provided, the number of persons receiving services, and any other information relating to the provision of sexual assault services.  A copy of the report shall be submitted to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, Senate Committee on Health and Human Services or its successor committee, and House Committee on Human Services or its successor committee.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.007 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 30, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.010. Confidentiality

Sec. 420.010.  CONFIDENTIALITY.  The attorney general may not disclose any information received from reports, collected case information, or site-monitoring visits that would identify a person working at or receiving services from a sexual assault program.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.008 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.011. Certification by Attorney General; Rules

Sec. 420.011.  CERTIFICATION BY ATTORNEY GENERAL; RULES.  (a)  The attorney general may adopt rules necessary to implement this chapter.  A proposed rule must be provided to grant recipients at least 60 days before the date of adoption.
(b)  The attorney general shall adopt rules establishing minimum standards for the certification of a sexual assault training program and the renewal of that certification by the program.  The certification is valid for two years from the date of issuance.  The attorney general shall also adopt rules establishing minimum standards for the suspension, decertification, or probation of a training program that violates this chapter.
(c)  The attorney general shall adopt rules establishing minimum standards for the certification of a sexual assault nurse examiner and the renewal of that certification by the nurse examiner, including standards for examiner training courses and for the interstate reciprocity of sexual assault nurse examiners.  The certification is valid for two years from the date of issuance.  The attorney general shall also adopt rules establishing minimum standards for the suspension, decertification, or probation of a sexual assault nurse examiner who violates this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.009 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 175 (S.B. 533), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 10, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.012. Consultations

Sec. 420.012.  CONSULTATIONS.  In implementing this chapter, the attorney general shall consult with:
(1)  state sexual assault coalitions;
(2)  state agencies, task forces, and councils that have duties relating to the prevention, investigation, or prosecution of sexual assault or other sex offenses or services provided to survivors;
(3)  forensic science experts; and
(4)  individuals and organizations having knowledge and experience relating to the issues of sexual assault and other sex offenses.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 44.010 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 411 (H.B. 1590), Sec. 1, eff. June 4, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.013. Deposit by Comptroller; Audit

Sec. 420.013.  DEPOSIT BY COMPTROLLER;  AUDIT.  (a)  The comptroller shall deposit any money received under this subchapter and any money credited to the Sexual Assault Prevention and Crisis Services Program by another law in the sexual assault prevention and crisis services fund.
(b)  The sexual assault prevention and crisis services fund is subject to audit by the comptroller.  Money expended from the fund is subject to audit by the state auditor.
Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.014. Attorney General Supervision of Collection of Costs; Failure to Comply

Sec. 420.014.  ATTORNEY GENERAL SUPERVISION OF COLLECTION OF COSTS;  FAILURE TO COMPLY.  (a)  If the attorney general reasonably believes that a court or a community supervision office has not properly assessed or made a reasonable effort to collect costs due under Chapter 42A, Code of Criminal Procedure, or Chapter 508, Government Code, the attorney general shall send a warning letter to the court or the governing body of the governmental unit in which the court is located.
(b)  Not later than the 60th day after the receipt of a warning letter, the court or governing body shall respond in writing to the attorney general specifically addressing the charges in the warning letter.
(c)  If the court or governing body does not respond or if the attorney general considers the response inadequate, the attorney general may request the comptroller to audit the records of:
(1)  the court;
(2)  the community supervision office;
(3)  the officer charged with collecting the costs;  or
(4)  the treasury of the governmental unit in which the court is located.
(d)  The comptroller shall provide the attorney general with the results of the audit.
(e)  If the attorney general finds from available evidence that a court or a community supervision office has not properly assessed or made a reasonable effort to collect costs due under Chapter 42A, Code of Criminal Procedure, or Chapter 508, Government Code, the attorney general may:
(1)  refuse to award grants under this subchapter to residents of the jurisdiction served by the court or community supervision office; or
(2)  in the case of a court, notify the State Commission on Judicial Conduct of the findings.
(f)  The failure, refusal, or neglect of a judicial officer to comply with a requirement of this subchapter constitutes official misconduct and is grounds for removal from office.
Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.45, eff. January 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter A. General Provisions › Section 420.015. Assessment of Sexually Oriented Business Regulations

Sec. 420.015.  ASSESSMENT OF SEXUALLY ORIENTED BUSINESS REGULATIONS.  The legislature may appropriate funds for a third-party assessment of the sexually oriented business industry in this state and provide recommendations to the legislature on how to further regulate the growth of the sexually oriented business industry in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 6, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. Collection, Preservation, and Tracking of Evidence of Sex Offense › Section 420.031. Evidence Collection Protocol; Kits

Sec. 420.031.  EVIDENCE COLLECTION PROTOCOL;  KITS.  (a)  The attorney general shall develop and distribute to law enforcement agencies and proper medical personnel an evidence collection protocol that shall include collection procedures and a list of requirements for the contents of an evidence collection kit for use in the collection and preservation of evidence of a sexual assault or other sex offense.  Medical or law enforcement personnel collecting evidence of a sexual assault or other sex offense shall use an attorney general-approved evidence collection kit and protocol.
(b)  An evidence collection kit must contain  items to collect and preserve evidence of a sexual assault or other sex offense and other items determined necessary for the kit by the attorney general.
(c)  In developing the evidence collection kit and protocol, the attorney general shall consult with the individuals and organizations listed in Section 420.012.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1037 (H.B. 616), Sec. 8(3), eff. September 1, 2019.
(e)  Evidence collected under this section may not be released unless a signed, written consent to release the evidence is obtained as provided by Section 420.0735.
(f)  Failure to comply with evidence collection procedures or requirements adopted under this section does not affect the admissibility of the evidence in a trial of the offense.
Added by Acts 1991, 72nd Leg., ch. 143, Sec. 1, eff. Aug. 26, 1991.  Renumbered from Health and Safety Code Sec. 44.031 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 3, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 13, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 411 (H.B. 1590), Sec. 2, eff. June 4, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1037 (H.B. 616), Sec. 8(3), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. Collection, Preservation, and Tracking of Evidence of Sex Offense › Section 420.032. Photo Documentation Required for Child Victims in Certain Counties

Sec. 420.032.  PHOTO DOCUMENTATION REQUIRED FOR CHILD VICTIMS IN CERTAIN COUNTIES.  (a)  In this section:
(1)  "Child" has the meaning assigned by Section 101.003, Family Code.
(2)  "Medical professional" has the meaning assigned by Section 91.001, Family Code.
(3)  "Photo documentation" means video or photographs of a child alleged to be the victim of a sexual assault that are taken with a colposcope or other magnifying camera during the forensic portion of a medical examination of the child.
(b)  In a county with a population of three million or more, the forensic portion of a medical examination of a child alleged to be the victim of a sexual assault must include the production of photo documentation unless the medical professional examining the child determines that good cause for refraining from producing photo documentation exists.
(c)  The photo documentation must include images of the child's anogenital area and any signs of injury apparent on the body of the child.
(d)  If photo documentation is not produced, the medical professional conducting the forensic portion of the medical examination shall document in the child's medical records the reason photo documentation was not produced.
(e)  The fact that the medical professional examining the child did not produce photo documentation in the forensic portion of a medical examination of a child alleged to be the victim of a sexual assault and the reasons behind the lack of photo documentation are admissible at the trial of the alleged sexual assault, but the lack of photo documentation will not affect the admissibility of other evidence in the case.
Added by Acts 2005, 79th Leg., Ch. 180 (H.B. 546), Sec. 1, eff. May 27, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. Collection, Preservation, and Tracking of Evidence of Sex Offense › Section 420.033. Chain of Custody

Sec. 420.033.  CHAIN OF CUSTODY.  Medical, law enforcement, department, and laboratory personnel who handle evidence of a sexual assault or other sex offense under this chapter or other law shall maintain the chain of custody of the evidence from the time the evidence is collected until the time the evidence is destroyed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 4, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. Collection, Preservation, and Tracking of Evidence of Sex Offense › Section 420.035. Evidence Release

Sec. 420.035.  EVIDENCE RELEASE.  (a)  If a health care facility or other entity that performs a medical examination to collect evidence of a sexual assault or other sex offense receives signed, written consent to release the evidence as provided by Section 420.0735, the facility or entity shall:
(1)  promptly notify any law enforcement agency investigating the offense; and
(2)  not later than two business days after the date the examination is performed, enter the identification number of the evidence collection kit into the statewide electronic tracking system under Section 420.034.
(b)  Except as provided by Subsection (c), a law enforcement agency that receives notice from a health care facility or other entity under Subsection (a) shall take possession of the evidence not later than the seventh day after the date the law enforcement agency receives notice.
(c)  A law enforcement agency that receives notice from a health care facility or other entity that is located more than 100 miles from the law enforcement agency shall take possession of the evidence not later than the 14th day after the date the law enforcement agency receives notice.
(d)  Failure to comply with evidence collection procedures or requirements under this section does not affect the admissibility of the evidence in a trial of the offense.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 7, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 14, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. Collection, Preservation, and Tracking of Evidence of Sex Offense › Section 420.036. Duty to Enter Certain Information Into Violent Criminal Apprehension Program Database

Sec. 420.036.  DUTY TO ENTER CERTAIN INFORMATION INTO VIOLENT CRIMINAL APPREHENSION PROGRAM DATABASE.  (a) In this section, "database" means the national database of the Violent Criminal Apprehension Program established and maintained by the Federal Bureau of Investigation, or a successor database.
(b)  Each law enforcement agency in this state shall request access from the Federal Bureau of Investigation to enter information into the database.
(c)  A law enforcement agency that investigates a sexual assault or other sex offense shall enter into the database the following information regarding the investigation of the sexual assault or other sex offense, as available:
(1)  the suspect's name and date of birth;
(2)  the specific offense being investigated;
(3)  a description of the manner in which the offense was committed, including any pattern of conduct occurring during the course of multiple offenses suspected to have been committed by the suspect; and
(4)  any other information required by the Federal Bureau of Investigation for inclusion in the database.
(d)  Information entered into the database under this section is excepted from required disclosure under Chapter 552 in the manner provided by Section 552.108.
Added by Acts 2019, 86th Leg., R.S., Ch. 297 (H.B. 3106), Sec. 2, eff. September 1, 2019.
Redesignated from Government Code, Section 420.035 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(28), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. -1. Analysis of Evidence of Sexual Assault or Other Sex Offense › Section 420.041. Applicability of Subchapter

Sec. 420.041.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to physical evidence of a sexual assault or other sex offense that is collected with respect to an active criminal case.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 5, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. -1. Analysis of Evidence of Sexual Assault or Other Sex Offense › Section 420.043. Database Comparison Required

Sec. 420.043.  DATABASE COMPARISON REQUIRED.  (a)  Not later than the 30th day after the date an evidence collection kit containing biological evidence has been analyzed by an accredited crime laboratory and any necessary quality assurance reviews have been performed, except as provided by Subsection (b), the department shall compare the DNA profile obtained from the biological evidence with DNA profiles maintained in:
(1)  state databases, including the DNA database maintained under Subchapter G, Chapter 411, if the amount and quality of the analyzed sample meet the requirements of the state database comparison policies; and
(2)  the CODIS DNA database established by the Federal Bureau of Investigation, if the amount and quality of the analyzed sample meet the requirements of the bureau's CODIS comparison policies.
(a-1)  An accredited crime laboratory that submits a DNA profile to the department to perform the comparison required under Subsection (a) shall monitor the accredited crime laboratory's database for any matches between the DNA profile submitted to the department and the DNA profiles contained in the databases described by Subsections (a)(1) and (2). For purposes of Section 420.0431, the date on which a match is displayed in an accredited crime laboratory's database is considered written notification of a match.
(b)  If the evidence kit containing biological evidence is analyzed by a public accredited crime laboratory, the laboratory, instead of the department, may perform the comparison of DNA profiles required under Subsection (a) provided that:
(1)  the laboratory performs the comparison not later than the 30th day after the date the analysis is complete and any necessary quality assurance reviews have been performed;
(2)  the law enforcement agency that submitted the evidence collection kit containing biological evidence gives permission; and
(3)  the laboratory meets applicable federal and state requirements to access the databases described by Subsection (a).
(c)  The department may use appropriated funds to employ personnel and purchase equipment and technology necessary to comply with the requirements of this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 5, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 8, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 884 (H.B. 4628), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. -1. Analysis of Evidence of Sexual Assault or Other Sex Offense › Section 420.0431. Duties Following Database DNA Match

Sec. 420.0431.  DUTIES FOLLOWING DATABASE DNA MATCH.  (a)  If a match that may assist in the investigation of a criminal case is identified under Section 420.043 between biological evidence contained in an evidence collection kit and a DNA profile contained in a database described by Subsection (a)(1) or (2) of that section, on request of the accredited crime laboratory that performed the analysis of the evidence collection kit, a law enforcement agency that submitted the evidence collection kit to the crime laboratory shall, not later than the fifth business day after the date the request is made, provide any additional information requested by the crime laboratory concerning the match.
(b)  Not later than the 60th business day after the crime laboratory receives written notification that a match that may aid in the investigation of a criminal case has been identified under Section 420.043 between biological evidence contained in an evidence collection kit and a DNA profile contained in a database described by Subsection (a)(1) or (2) of that section, written notification must be provided to the law enforcement agency that submitted the evidence collection kit of:
(1)  any case-to-case match that may assist in the investigation of a criminal case; and
(2)  any verified match that identifies a suspect or offender.
(c)  Verification of a match identifying an offender under Subsection (b)(2) may be expedited in cases involving a significant public safety concern.
(d)  Not later than the fifth business day after receiving a notification under Subsection (b)(1), the law enforcement agency shall acknowledge receipt of the notification.
(e)  Not later than the 30th business day after the date a law enforcement agency receives a notification of a verified match under Subsection (b)(2), the law enforcement agency shall attempt to collect a DNA sample from an identified suspect or offender and submit the sample to an accredited crime laboratory for analysis.
Added by Acts 2023, 88th Leg., R.S., Ch. 884 (H.B. 4628), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. -1. Analysis of Evidence of Sexual Assault or Other Sex Offense › Section 420.0432. Survivor Notification Concerning Database DNA Match

Sec. 420.0432.  SURVIVOR NOTIFICATION CONCERNING DATABASE DNA MATCH.  (a) If, with respect to a sexual assault or other sex offense, a match is identified under Section 420.043 between biological evidence contained in an evidence collection kit and a DNA profile contained in a database described by Subsection (a)(1) or (2) of that section, the law enforcement agency with jurisdiction over the offense shall, not later than the fifth business day after the law enforcement agency receives notification of the match, notify the survivor, as applicable, of:
(1)  the match, if disclosing the match would not interfere with the investigation or prosecution of the offense; or
(2)  the estimated date on which the match is expected to be disclosed, if disclosing the match would interfere with the investigation or prosecution of the offense.
(b)  If a law enforcement agency is unable to notify a survivor under Subsection (a) within the period required by that subsection, the agency shall continue to make reasonable efforts to notify the survivor.
Added by Acts 2023, 88th Leg., R.S., Ch. 884 (H.B. 4628), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. -1. Analysis of Evidence of Sexual Assault or Other Sex Offense › Section 420.044. Grant Funds

Sec. 420.044.  GRANT FUNDS.  The department shall apply for any available federal grant funds applicable to the analysis of evidence collection kits containing biological evidence, including grant money available under the National Institute of Justice's DNA Capacity Enhancement and Backlog Reduction Program.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. -1. Analysis of Evidence of Sexual Assault or Other Sex Offense › Section 420.046. Noncompliance

Sec. 420.046.  NONCOMPLIANCE.  Failure to comply with the requirements of Subchapter B or this subchapter may be used to determine eligibility for receiving grant funds from the department, the office of the governor, or another state agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 8, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 16, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter C. Advocates for Survivors of Sexual Assault › Section 420.051. Advocates for Survivors of Sexual Assault

Sec. 420.051.  ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.  An individual may act as an advocate for survivors of sexual assault for the purposes of Subchapter H, Chapter 56A, Code of Criminal Procedure, if the individual has completed a sexual assault training program certified by the attorney general and is an employee or volunteer of a sexual assault program.
Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.051 Health and Safety Code.
Renumbered from Health and Safety Code, Section 44.051 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167), Sec. 17.001, eff. September 9, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 14, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.45, eff. January 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter D. Confidential Communications and Records › Section 420.071. Confidential Communications and Records; Privilege

Sec. 420.071.  CONFIDENTIAL COMMUNICATIONS AND RECORDS; PRIVILEGE.  (a)  Any communication, including an oral or written communication, between an advocate and a survivor that is made in the course of advising, counseling, or assisting the survivor is confidential.
(b)  Any record created by, provided to, or maintained by an advocate is confidential if the record relates to the services provided to a survivor or contains the identity, personal history, or background information of the survivor or information concerning the victimization of the survivor.
(c)  In any civil, criminal, administrative, or legislative proceeding, subject to Section 420.072, a survivor has a privilege to refuse to disclose and to prevent another from disclosing, for any purpose, a communication or record that is confidential under this section.
(c-1)  Except as provided by this subsection, the unauthorized disclosure of a portion of a confidential communication or record does not constitute a waiver of the privilege provided by Subsection (c).  If a portion of a confidential communication or record is disclosed, a party to the relevant court or administrative proceeding may make a motion requesting that the privilege be waived with respect to the disclosed portion.  The court or administrative hearing officer, as applicable, may determine that the privilege has been waived only if:
(1)  the disclosed portion is relevant to a disputed matter at the proceeding; and
(2)  waiver is necessary for a witness to be able to respond to questioning concerning the disclosed portion.
(d)  This subchapter governs a confidential communication or record concerning a survivor regardless of when the survivor received the services of an advocate or sexual assault program.
Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.071, Health and Safety Code.
Renumbered from Health and Safety Code, Section 44.071 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167), Sec. 17.001, eff. September 9, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 513 (S.B. 295), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 513 (S.B. 295), Sec. 3, eff. September 1, 2021.