reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers › Section 48.257. Retaliation Prohibited

Sec. 48.257.  RETALIATION PROHIBITED.  (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.
(b)  This section does not prohibit a provider of home and community-based services from terminating an employee for a reason other than retaliation.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter F. Investigations of Abuse, Neglect, or Exploitation of Individuals Receiving Services From Certain Providers › Section 48.258. Tracking System for Reports and Investigations

Sec. 48.258.  TRACKING SYSTEM FOR REPORTS AND INVESTIGATIONS.  (a)  The commission shall develop and implement a system to track reports and investigations under this subchapter.
(b)  To facilitate implementation of the system, the commission shall use appropriate methods of measuring the number and outcome of reports and investigations under this subchapter.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter G. Investigations in Certain Facilities › Section 48.301. Investigation of Reports in Other State Facilities

Sec. 48.301.  INVESTIGATION OF REPORTS IN OTHER STATE FACILITIES.  (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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 34, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.285, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 9, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 17, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter G. Investigations in Certain Facilities › Section 48.302. Approval of Rules

Sec. 48.302.  APPROVAL OF RULES.  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.
Added by Acts 1999, 76th Leg., ch. 907, Sec. 34, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.286, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter G. Investigations in Certain Facilities › Section 48.303. Memorandum of Understanding

Sec. 48.303.  MEMORANDUM OF UNDERSTANDING.  (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.
(b)  Not later than the last month of each state fiscal year, the department and the other agencies shall review and update the memorandum.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.287, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter G. Investigations in Certain Facilities › Section 48.304. Statistics

Sec. 48.304.  STATISTICS.  (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.
(b)  The agency shall make the statistics available to the commission on request.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.288, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.402. Rules Relating to Reportable Conduct

Sec. 48.402.  RULES RELATING TO REPORTABLE CONDUCT.  The executive commissioner may adopt rules to further define reportable conduct.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.289, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.403. Finding

Sec. 48.403.  FINDING.  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.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 16, eff. June 19, 2009.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.404. Notice of Finding

Sec. 48.404.  NOTICE OF FINDING.  (a)  The department shall give written notice of the department's findings under Section 48.403 to the employee.  The notice must include:
(1)  a brief summary of the department's findings;
(2)  a statement of the employee's right to a hearing on the department's findings;  and
(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.
(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.
(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.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 17, eff. June 19, 2009.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.405. Hearing; Order

Sec. 48.405.  HEARING; ORDER.  (a)  If the employee requests a hearing, the department or its designee shall:
(1)  set a hearing;
(2)  give written notice of the hearing to the employee; and
(3)  designate an administrative law judge to conduct the hearing.
(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.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1056, Sec. 17, eff. September 1, 2011.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 18, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 16, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.406. Notice; Judicial Review

Sec. 48.406.  NOTICE;  JUDICIAL REVIEW.  (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:
(1)  separate statements of the findings of fact and conclusions of law;
(2)  a statement of the right of the employee to judicial review of the order;  and
(3)  a statement that the reportable conduct will be recorded in the employee misconduct registry under Section 253.007, Health and Safety Code, if:
(A)  the employee does not request judicial review of the finding;  or
(B)  the finding is sustained by the court.
(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.
(c)  Judicial review of the order:
(1)  is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code;  and
(2)  is under the substantial evidence rule.
(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.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 19, eff. June 19, 2009.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.407. Informal Proceedings

Sec. 48.407.  INFORMAL PROCEEDINGS.  The executive commissioner by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 20, eff. June 19, 2009.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.408. Information for the Employee Misconduct Registry

Sec. 48.408.  INFORMATION FOR THE EMPLOYEE MISCONDUCT REGISTRY.  (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.
(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.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 21, eff. June 19, 2009.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.001. Purpose

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.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.0021. Family Violence Services Plan

Sec. 51.0021.  FAMILY VIOLENCE SERVICES PLAN.  (a)  The commission shall develop and maintain a plan for delivering family violence services in this state.
(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.
Added by Acts 2001, 77th Leg., ch. 6, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.290, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.003. Contracts

Sec. 51.003.  CONTRACTS.  (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.
(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.
(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.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1131 , Sec. 3, eff. June 19, 2015.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.291, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1131 (S.B. 59), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.0051. Maximizing Federal Funding for Programs to Benefit Victims of Family Violence

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.):
(1)  the commission shall:
(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
(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
(2)  the executive commissioner shall 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.294, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.006. Report

Sec. 51.006.  REPORT.  (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.
(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.
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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 72, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.295, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.007. Confidentiality

Sec. 51.007.  CONFIDENTIALITY.  The commission 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.296, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.008. Consultations

Sec. 51.008.  CONSULTATIONS.  In implementing this chapter, the commission 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.297, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.009. Grants and Funds

Sec. 51.009.  GRANTS AND FUNDS.  The commission 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.298, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.010. Rules

Sec. 51.010.  RULES.  The executive commissioner may adopt rules necessary to implement this chapter.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.299, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.011. Funding

Sec. 51.011.  FUNDING.  (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.
(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).
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.300, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51 - Family Violence Centers › Section 51.012. Coordination of Services

Sec. 51.012.  COORDINATION OF SERVICES.  The commission and the Department of Family and Protective 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.301, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51A - Notice to Victims of Family Violence, Stalking, Harassment, or Terroristic Threat › Section 51A.001. Definitions

Sec. 51A.001.  DEFINITIONS.  In this chapter:
(1)  "Family" has the meaning assigned by Section 71.003, Family Code.
(2)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(3)  "Harassment" means any conduct that constitutes an offense under Section 42.07, Penal Code.
(4)  "Household" has the meaning assigned by Section 71.005, Family Code.
(5)  "Member of a household" has the meaning assigned by Section 71.006, Family Code.
(6)  "Stalking" means any conduct that constitutes an offense under Section 42.072, Penal Code.
(7)  "Terroristic threat" means any conduct that constitutes an offense under Section 22.07, Penal Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 2, eff. May 13, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51A - Notice to Victims of Family Violence, Stalking, Harassment, or Terroristic Threat › Section 51A.002. Applicability to Victims of Certain Offenses

Sec. 51A.002.  APPLICABILITY TO VICTIMS OF CERTAIN OFFENSES.  This chapter applies to a victim of family violence, stalking, harassment, or terroristic threat, including:
(1)  an adult member of a family or household who is subjected to an act of family violence;
(2)  a member of the household of the adult described by Subdivision (1), other than the member of the household who commits the act of family violence; and
(3)  a person who is subjected to conduct constituting stalking, harassment, or terroristic threat.
Added by Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 2, eff. May 13, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 51A - Notice to Victims of Family Violence, Stalking, Harassment, or Terroristic Threat › Section 51A.003. Notice to Victims

Sec. 51A.003.  NOTICE TO VICTIMS.  (a)  The commission by rule shall adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist those victims in obtaining services.  The commission shall use best practices in creating the written notice.
(b)  The notice adopted under this section must include the following in both English and Spanish:
(1)  a statement that it is a criminal offense for any person, including a member of the family or former member of the family, to cause physical injury or harm to a victim or to engage in conduct constituting stalking, harassment, or terroristic threat toward a victim;
(2)  a list of agencies and social organizations that the victim may contact for assistance with safety planning, shelter, or protection;
(3)  contact information for:
(A)  the National Domestic Violence Hotline;
(B)  victim support services at the Department of Public Safety; and
(C)  the commission's family violence program; and
(4)  information regarding the legal rights of a victim, including information regarding:
(A)  the filing of criminal charges and obtaining a protective order or a magistrate's order for emergency protection; and
(B)  the ability of a tenant who is a victim of family violence to vacate a dwelling and terminate a residential lease.
(c)  The notice adopted under this section may include any other information the commission considers useful to a victim of family violence, stalking, harassment, or terroristic threat.
(d)  The commission shall periodically update the notice required under this section.
(e)  The commission shall make the notice adopted under this section available on the commission's Internet website in both English and Spanish.
Added by Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 2, eff. May 13, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle E - Services for Families › Chapter 52 - Information Relating to School Age Pregnancy › Section 52.001. School Age Pregnancy Prevention

Sec. 52.001.  SCHOOL AGE PREGNANCY PREVENTION.  (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.
(b)  The department shall:
(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;
(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;
(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;
(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
(5)  make recommendations to the relevant state agencies or the legislature to prevent duplication of services.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(115), eff. June 17, 2011.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 1.19, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 17, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 23(11), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 19, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(115), eff. June 17, 2011.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 62 - Detention Homes and Parental Schools › Section 62.001. Detention Homes and Parental Schools

Sec. 62.001.  DETENTION HOMES AND PARENTAL SCHOOLS.  (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.
(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.
(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.
(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.
Acts 1979, 66th Leg., p. 2391, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 62 - Detention Homes and Parental Schools › Section 62.002. Multicounty Facilities

Sec. 62.002.  MULTICOUNTY FACILITIES.  (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.
(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.
(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.
(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.
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.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.001. Definitions

Sec. 63.001.  DEFINITIONS.  In this chapter:
(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.
(2)  "Facility" means a residential facility for the placement of juveniles for periods up to one year in length.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.003, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.002. Authority to Operate Facility

Sec. 63.002.  AUTHORITY TO OPERATE FACILITY.  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.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.004, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.003. Governmental Nature of Facility

Sec. 63.003.  GOVERNMENTAL NATURE OF FACILITY.  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.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.005, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.004. Board of Trustees: Single County Facility

Sec. 63.004.  BOARD OF TRUSTEES:  SINGLE COUNTY FACILITY.  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.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.006, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.005. Board of Trustees: Combination of Counties Facility

Sec. 63.005.  BOARD OF TRUSTEES:  COMBINATION OF COUNTIES FACILITY.  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.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.007, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.006. Board Meetings

Sec. 63.006.  BOARD MEETINGS.  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.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.008, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.007. Quorum

Sec. 63.007.  QUORUM.  A majority of the membership of the board of trustees shall constitute a quorum for the transaction of business.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.009, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.008. Facility Administration

Sec. 63.008.  FACILITY ADMINISTRATION.  The board of trustees is responsible for the administration of the facility.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.010, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.009. Board Policies

Sec. 63.009.  BOARD POLICIES.  The board of trustees shall develop policies consistent with the rules, regulations, and standards of the Texas Juvenile Justice Department.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.011, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 119, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.010. Standardized Personnel Qualifications

Sec. 63.010.  STANDARDIZED PERSONNEL QUALIFICATIONS.  The board of trustees shall standardize qualifications for personnel positions in the community center consistent with those established by the Texas Juvenile Justice Department.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.012, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 120, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.011. Advisory Committees

Sec. 63.011.  ADVISORY COMMITTEES.  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.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.013, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.012. Facility Executive Director: Appointment

Sec. 63.012.  FACILITY EXECUTIVE DIRECTOR:  APPOINTMENT.  The board of trustees shall appoint an executive director for the facility.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.014, eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 3 - Facilities and Services for Children › Subtitle A - Facilities for Children › Chapter 63 - Residential Facilities for Certain Delinquent Children › Section 63.013. Facility Executive Director: Delegated Powers

Sec. 63.013.  FACILITY EXECUTIVE DIRECTOR:  DELEGATED POWERS.  The executive director shall have the powers delegated by and be subject to the policy direction of the board of trustees.
Added by Acts 1989, 71st Leg., ch. 564, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 13.015, eff. September 1, 2009.