reglab/statecodes huggingface dataset:
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 420.073. Consent for Release of Certain Confidential Information

Sec. 420.073.  CONSENT FOR RELEASE OF CERTAIN CONFIDENTIAL INFORMATION.  (a)  Consent for the release of confidential information other than evidence contained in an evidence collection kit must be in writing and signed by the survivor, a parent or legal guardian if the survivor is a minor, an attorney ad litem appointed for the survivor, or a personal representative if the survivor is deceased.  The written consent must specify:
(1)  the information or records covered by the release;
(2)  the reason or purpose for the release;
(3)  the person to whom the information is to be released; and
(4)  a reasonable time limitation during which the information or records may be released.
(b)  A survivor or other person authorized to consent may withdraw consent to the release of information by submitting a written notice of withdrawal to the person or sexual assault program to which consent was provided.  Withdrawal of consent does not affect information disclosed before the date written notice of the withdrawal was received.
(c)  A person who receives information made confidential by this chapter may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the person obtained the information.
(d)  For purposes of Subsection (a), a written consent signed by an adult survivor with a guardian appointed under Title 3, Estates Code, is effective regardless of whether the adult survivor's guardian, guardian ad litem, or other legal agent signs the release.  If the adult survivor agrees to the release but is unable to provide a signature and the guardian, guardian ad litem, or other legal agent is unavailable or declines to sign the release, the person seeking the release of confidential information may petition a court with probate jurisdiction in the county in which the adult survivor resides for an emergency order authorizing the release of the information, in the manner provided by Section 48.208, Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.073, Health and Safety Code.
Renumbered from Health and Safety Code, Section 44.073 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167), Sec. 17.001, eff. September 9, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 8, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 15, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1329 (H.B. 4531), Sec. 4, 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 D. Confidential Communications and Records › Section 420.0735. Consent for Release of Certain Evidence

Sec. 420.0735.  CONSENT FOR RELEASE OF CERTAIN EVIDENCE.  (a)  Consent for the release of evidence contained in an evidence collection kit must be in writing and signed by:
(1)  the survivor, if the survivor is 14 years of age or older;
(2)  the survivor's parent or guardian or an employee of the Department of Family and Protective Services, if the survivor is younger than 14 years of age; or
(3)  the survivor's personal representative, if the survivor is deceased.
(b)  For purposes of Subsection (a)(1), a written consent signed by an adult survivor with a guardian appointed under Title 3, Estates Code, is effective regardless of whether the adult survivor's guardian, guardian ad litem, or other legal agent signs the release.  If the adult survivor with an appointed guardian agrees to the release but is unable to provide a signature and the guardian, guardian ad litem, or other legal agent is unavailable or declines to sign the release, then the investigating law enforcement officer may sign the release.
(c)  Consent for release under Subsection (a) applies only to evidence contained in an evidence collection kit and does not affect the confidentiality of any other confidential information under this chapter.
(d)  The written consent must specify:
(1)  the evidence covered by the release;
(2)  the reason or purpose for the release; and
(3)  the person to whom the evidence is to be released.
(e)  A survivor or other person authorized to consent may withdraw consent to the release of evidence by submitting a written notice of withdrawal to the person or sexual assault program to which consent was provided.  Withdrawal of consent does not affect evidence disclosed before the date written notice of the withdrawal was received.
(f)  A person who receives evidence made confidential by this chapter may not disclose the evidence except to the extent that disclosure is consistent with the authorized purposes for which the person obtained the evidence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 9, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 16, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.038, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1329 (H.B. 4531), Sec. 5, 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 D. Confidential Communications and Records › Section 420.074. Disclosure of Privileged Communications or Other Information in Criminal Proceeding

Sec. 420.074.  DISCLOSURE OF PRIVILEGED COMMUNICATIONS OR OTHER INFORMATION IN CRIMINAL PROCEEDING.  (a)  Subject to the provisions of this chapter, not later than the 30th day before the date of the trial, a defendant in a criminal proceeding may make a motion for disclosure of a communication or record that is privileged under this chapter.  The motion must include a supporting affidavit showing reasonable grounds to believe the privileged communication or record contains exculpatory evidence.
(b)  The defendant shall serve the motion on the attorney representing the state and the person who holds the privilege with regard to the communication or record at issue.
(c)  The court shall order the privileged communication or record to be produced for the court under seal and shall examine the communication or record in camera if the court finds by a preponderance of the evidence that:
(1)  there is a good-faith, specific, and reasonable basis for believing that the privileged communication or record is relevant, material, and exculpatory upon the issue of guilt for the offense charged; and
(2)  the privileged communication or record would not be duplicative of other evidence or information available or already obtained by the defendant.
(d)  The court shall disclose to the defendant and to the state only the evidence that the court finds to be exculpatory on the issue of guilt for the offense charged.
Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.074, Health and Safety Code.
Renumbered from Health and Safety Code, Section 44.074 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167), Sec. 17.001, eff. September 9, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 10, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 513 (S.B. 295), Sec. 5, 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 D. Confidential Communications and Records › Section 420.075. Offense

Sec. 420.075.  OFFENSE.  A person commits an offense if the person intentionally or knowingly discloses a communication, a record, or evidence that is confidential under this chapter, except as provided by this chapter.  An offense under this section is a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 775, Sec. 2, eff. Sept. 1, 1997, as Sec. 44.075, Health and Safety Code.
Renumbered from Health and Safety Code, Section 44.075 by Acts 2007, 80th Leg., Ch. 921 (H.B. 3167), Sec. 17.001, eff. September 9, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 11, eff. September 1, 2011.
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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.101. Definitions

Sec.  420.101.  DEFINITIONS.  In this subchapter:
(1)  "Center" means the statewide telehealth center for sexual assault forensic medical examination.
(2)  "Telehealth service" has the meaning assigned by Section 111.001, Occupations Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, 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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.102. Establishment of Center

Sec. 420.102.  ESTABLISHMENT OF CENTER.  The attorney general shall establish the statewide telehealth center for sexual assault forensic medical examination to expand access to sexual assault nurse examiners for underserved populations.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, 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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.103. Powers of Center

Sec. 420.103.  POWERS OF CENTER.  (a)  In accordance with other law, the center may facilitate in person or through telecommunications or information technology the provision by a sexual assault nurse examiner of:
(1)  training or technical assistance to a sexual assault examiner on:
(A)  conducting a forensic medical examination on a survivor; and
(B)  the use of telehealth services; and
(2)  consultation services, guidance, or technical assistance to a sexual assault examiner during a forensic medical examination on a survivor.
(b)  With permission from the facility or entity where a forensic medical examination on a survivor is conducted and to the extent authorized by other law, the center may facilitate the use of telehealth services during a forensic medical examination on a survivor.
(c)  The center may deliver other services as requested by the attorney general to carry out the purposes of this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, 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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.104. Operation Protocols Required

Sec. 420.104.  OPERATION PROTOCOLS REQUIRED.  (a)  The center and the attorney general shall develop operation protocols to address compliance with applicable laws and rules governing:
(1)  telehealth services;
(2)  standards of professional conduct for licensure and practice;
(3)  standards of care;
(4)  maintenance of records;
(5)  technology requirements;
(6)  data privacy and security of patient information; and
(7)  the operation of a telehealth center.
(b)  The center shall make every effort to ensure the system through which the center operates for the provision of telehealth services meets national standards for interoperability to connect to telehealth systems outside of the center.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, 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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.105. Authorized Contracts

Sec. 420.105.  AUTHORIZED CONTRACTS.  The attorney general may enter into any contract the attorney general considers necessary to implement this subchapter, including a contract to:
(1)  develop, implement, maintain, or operate the center;
(2)  train or provide technical assistance for health care professionals on conducting forensic medical examinations and the use of telehealth services; or
(3)  provide consultation, guidance, or technical assistance for health care professionals using telehealth services during a forensic medical examination.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, 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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.106. Funding

Sec. 420.106.  FUNDING.  (a)  The legislature may appropriate money to the attorney general to establish the center.
(b)  The attorney general may provide funds to the center for:
(1)  establishing and maintaining the operations of the center;
(2)  training conducted by or through the center;
(3)  travel expenses incurred by a sexual assault nurse examiner for:
(A)  carrying out the nurse's duties under Section 420.103(a); or
(B)  testifying as a witness outside the nurse's county of residence;
(4)  equipment and software applications for the center; and
(5)  any other purpose considered appropriate by the attorney general.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, 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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.107. Consultation Required

Sec. 420.107.  CONSULTATION REQUIRED.  In implementing this subchapter, the attorney general shall consult with persons with expertise in medicine and forensic medical examinations, a statewide sexual assault coalition, a statewide organization with expertise in the operation of children's advocacy programs, and attorneys with expertise in prosecuting sexual assault offenses.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, 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 E. Statewide Telehealth Center for Sexual Assault Forensic Medical Examination › Section 420.108. Rules

Sec. 420.108.  RULES.  The attorney general may adopt rules as necessary to implement this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 9, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 414 (S.B. 71), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.001. Definitions

Sec. 420A.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the governing board of the Texas Civil Commitment Office.
(2)  "Office" means the Texas Civil Commitment Office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 36, eff. June 17, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.002. Office; Governing Board

Sec. 420A.002.  OFFICE; GOVERNING BOARD.  (a)  The Texas Civil Commitment Office is a state agency.
(b)  The office is governed by a board composed of five members appointed by the governor, including:
(1)  one member experienced in the management of sex offenders;
(2)  one member experienced in the investigation or prosecution of sex offenses; and
(3)  one member experienced in counseling or advocating on behalf of victims of sexual assault.
(c)  Members of the board serve staggered six-year terms, with the terms of one or two members expiring on February 1 of each odd-numbered year.
(d)  A member of the board is entitled to travel expenses incurred in performing official duties and to a per diem equal to the maximum amount allowed on January 1 of that year for federal employees per diem for federal income tax purposes, subject to the same limitations provided for members of state boards and commissions in the General Appropriations Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 37, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.003. Presiding Officer; Meetings

Sec. 420A.003.  PRESIDING OFFICER; MEETINGS.  (a)  The governor shall designate a member of the board as presiding officer.  The presiding officer serves at the discretion of the governor.
(a-1)  The presiding officer shall select a member of the board as an assistant presiding officer and may create board committees.
(b)  The board shall meet at least quarterly and at other times at the call of the presiding officer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.004. Sunset Provision

Sec. 420A.004.  SUNSET PROVISION.  The Texas Civil Commitment Office is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2027.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 38, eff. June 17, 2015.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.03, eff. June 10, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.005. Grants and Donations

Sec. 420A.005.  GRANTS AND DONATIONS.  On behalf of the state, the office may apply for and accept grants and donations from any source to be used by the office in the performance of the duties of the office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.006. Public Interest Information

Sec. 420A.006.  PUBLIC INTEREST INFORMATION.  The office shall prepare information of public interest describing the functions of the office and the procedures by which complaints are filed with and resolved by the office.  The office shall make the information available to the public and appropriate state agencies.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.007. Biennial Report

Sec. 420A.007.  BIENNIAL REPORT.  Not later than December 1 of each even-numbered year, the office shall submit to the governor, the lieutenant governor, and the speaker of the house of representatives a report concerning the operation of the office.  The office may include in the report any recommendations that the office considers appropriate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.008. Staff

Sec. 420A.008.  STAFF.  The office may select and employ a general counsel, staff attorneys, a family liaison officer described by Section 420A.012, and other staff necessary to perform the office's functions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.009. Salary Career Ladder for Case Managers

Sec. 420A.009.  SALARY CAREER LADDER FOR CASE MANAGERS.  (a)  The board shall adopt a salary career ladder for case managers.  The salary career ladder must base a case manager's salary on the manager's classification and years of service with the office.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(1), eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(1), eff. September 1, 2017.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(1), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.010. Powers and Duties

Sec. 420A.010.  POWERS AND DUTIES.  The office shall perform appropriate functions related to the sex offender civil commitment program provided under Chapter 841, Health and Safety Code, including functions related to the provision of treatment and supervision to civilly committed sex offenders.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.011. Administrative Attachment; Support

Sec. 420A.011.  ADMINISTRATIVE ATTACHMENT; SUPPORT.  (a)  The office is administratively attached to the Health and Human Services Commission.
(b)  The Health and Human Services Commission shall provide administrative support services, including human resources, budgetary, accounting, purchasing, payroll, information technology, and legal support services, to the office as necessary to carry out the purposes of this chapter.
(c)  The office, in accordance with the rules and procedures of the Legislative Budget Board, shall prepare, approve, and submit a legislative appropriations request that is separate from the legislative appropriations request for the Health and Human Services Commission and is used to develop the office's budget structure.  The office shall maintain the office's legislative appropriations request and budget structure separately from those of the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.012. Family Liaison Officer

Sec. 420A.012.  FAMILY LIAISON OFFICER.  (a) The office may designate an employee to serve as a family liaison officer.  The family liaison officer may, as the office determines appropriate:
(1)  facilitate the continuation and maintenance of ties between a civilly committed sex offender and the offender's family members who are supportive of the offender's participation in the treatment and supervision program;
(2)  notify an offender regarding emergencies concerning the offender's family and provide the offender with other necessary information related to the offender's family; and
(3)  assist in resolving problems that may affect permitted contact with an offender.
(b)  Before each required quarterly meeting of the board, a family liaison officer designated under this section may provide an update to the board regarding the officer's activities.
(c)  This section does not:
(1)  require the office to designate a family liaison officer; or
(2)  guarantee to a civilly committed sex offender or family member of an offender any additional right or privilege that is not already required by state or federal law.
(d)  In implementing this section, the office may adopt any policy or impose any limitation the office considers necessary.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420A - Texas Civil Commitment Office › Section 420A.013. Family Unity and Participation

Sec. 420A.013.  FAMILY UNITY AND PARTICIPATION.  (a)  The office may adopt and implement policies that encourage family unity during a civilly committed sex offender's commitment. In adopting the policies, the office may consider the impact of a telephone, mail, and in-person visitation policy on a family member's ability to provide support to the offender through ongoing, appropriate contact with the offender while the offender participates in the treatment and supervision program.
(b)  This section does not guarantee to a civilly committed sex offender or family member of an offender any additional right or privilege that is not already required by state or federal law.
(c)  In implementing this section, the office may adopt any policy or impose any limitation the office considers necessary.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter A. General Provisions › Section 421.001. Definitions

Sec. 421.001.  DEFINITIONS.  In this chapter:
(1)  "Agency" means any governmental entity.
(2)  "Critical infrastructure" includes all public or private assets, systems, and functions vital to the security, governance, public health and safety, economy, or morale of the state or the nation.
(2-a)  "Fusion center" means a state or regional multidisciplinary collaborative effort of two or more agencies that combine resources, expertise, and intelligence and other information with the goal of maximizing the ability of those agencies to detect, prevent, and respond to criminal activities or to otherwise engage in homeland security activities.
(3)  "Homeland security activity" means any activity related to the prevention or discovery of, response to, or recovery from:
(A)  a terrorist attack;
(B)  a natural or man-made disaster;
(C)  a hostile military or paramilitary action;
(D)  an extraordinary law enforcement emergency; or
(E)  a fire or medical emergency requiring resources beyond the capabilities of a local jurisdiction.
(4)  "Intelligence" means the product of systematic gathering, evaluation, and synthesis of raw data on individuals or activities suspected of being, or known to be, criminal in nature.
(5)  "Recognized fusion center" means a fusion center operating in this state that has been recognized by the director of Texas Homeland Security as meeting the fusion center mission identified in the governor's homeland security strategy and in the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established under 6 U.S.C. Section 124h.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 798 (H.B. 2827), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter A. General Provisions › Section 421.002. Homeland Security Strategy

Sec. 421.002.  HOMELAND SECURITY STRATEGY.  (a)  The governor shall direct homeland security in this state and shall develop a statewide homeland security strategy that improves the state's ability to:
(1)  protect against homeland security threats and hazards;
(2)  respond to homeland security emergencies;
(3)  recover from homeland security emergencies;
(4)  mitigate the loss of life and property by lessening the impact of future disasters; and
(5)  prevent significant criminal and terrorist attacks.
(b)  The governor's homeland security strategy shall coordinate homeland security activities among and between local, state, and federal agencies and the private sector and must include specific plans for:
(1)  intelligence gathering and analysis;
(2)  information sharing;
(3)  reducing the state's vulnerability to homeland security emergencies;
(4)  protecting critical infrastructure;
(5)  protecting the state's international border, ports, and airports;
(6)  detecting, deterring, and defending against terrorism, including cyber-terrorism and biological, chemical, and nuclear terrorism;
(7)  positioning equipment, technology, and personnel to improve the state's ability to respond to a homeland security emergency;
(8)  directing the Texas Fusion Center and giving the center certain forms of authority to implement the governor's homeland security strategy; and
(9)  using technological resources to:
(A)  facilitate the interoperability of government technological resources, including data, networks, and applications;
(B)  coordinate the warning and alert systems of state and local agencies;
(C)  incorporate multidisciplinary approaches to homeland security; and
(D)  improve the security of governmental and private sector information technology and information resources.
(c)  The governor's homeland security strategy must complement and operate in coordination with federal strategic guidance on homeland security.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1178 (H.B. 3324), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 616 (S.B. 1393), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter A. General Provisions › Section 421.003. Criminal Intelligence Information

Sec. 421.003.  CRIMINAL INTELLIGENCE INFORMATION.  The Department of Public Safety of the State of Texas is:
(1)  the repository in this state for the collection of multijurisdictional criminal intelligence information that is about terrorist activities or otherwise related to homeland security activities;  and
(2)  the state agency that has primary responsibility to analyze and disseminate that information.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter A. General Provisions › Section 421.004. Provisions Governing Mobile Tracking Devices

Sec. 421.004.  PROVISIONS GOVERNING MOBILE TRACKING DEVICES.  In the event of a conflict between Subchapter E, Chapter 18B, Code of Criminal Procedure, and this chapter or a rule adopted under this chapter, Subchapter E, Chapter 18B, Code of Criminal Procedure, controls.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.09, eff. January 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. Homeland Security Council › Section 421.021. Membership

Sec. 421.021.  MEMBERSHIP.  (a)  The Homeland Security Council is composed of the governor or the governor's designee, the speaker of the house of representatives or the speaker's designee, the lieutenant governor or the lieutenant governor's designee, and one representative of each of the following entities, appointed by the single statewide elected or appointed governing officer, administrative head, or chair, as appropriate, of the entity:
(1)  Department of Agriculture;
(2)  office of the attorney general;
(3)  General Land Office;
(4)  Public Utility Commission of Texas;
(5)  Department of State Health Services;
(6)  Department of Information Resources;
(7)  Department of Public Safety of the State of Texas;
(8)  Texas Division of Emergency Management;
(9)  Texas Military Department;
(10)  Texas Commission on Environmental Quality;
(11)  Railroad Commission of Texas;
(12)  Texas Military Preparedness Commission;
(13)  Texas Department of Transportation;
(14)  Commission on State Emergency Communications;
(15)  Office of State-Federal Relations;
(16)  secretary of state;
(17)  the committee of the senate having jurisdiction over veterans affairs;
(18)  the committee of the senate having jurisdiction over homeland security;
(19)  the committee of the house of representatives having jurisdiction over veterans affairs;
(20)  the committee of the house of representatives having jurisdiction over homeland security;
(21)  Texas Animal Health Commission;
(22)  Texas Commission on Law Enforcement;
(23)  state fire marshal's office;
(24)  Texas Education Agency;
(25)  Texas Commission on Fire Protection;
(26)  Parks and Wildlife Department;
(27)  Texas A&M Forest Service; and
(28)  Texas Water Development Board.
(b)  To be eligible for appointment as a member of the council, a person must be directly involved in policies, programs, or funding activities that are relevant to homeland security or infrastructure protection.
(c)  A member of the council serves at the will of the governor.  At the request of the governor, an appointing authority under this section shall appoint a different member.
(d)  An officer or employee of a state or local agency who serves as a member of the council or a special advisory committee under this subchapter shall perform the duties required by the council or special advisory committee as an additional duty of the member's office or employment.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 10, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2B.06, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.26, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 616 (S.B. 1393), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.03, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 161 (S.B. 1598), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. Homeland Security Council › Section 421.022. Reimbursement of Expenses

Sec. 421.022.  REIMBURSEMENT OF EXPENSES.  A member of the council may not receive additional compensation for service on the council but is entitled to reimbursement of reasonable expenses incurred in direct performance of official duties, including travel expenses incurred by the member while conducting the business of the council, subject to any applicable limitation on reimbursement provided by general law or the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. Homeland Security Council › Section 421.023. Administration

Sec. 421.023.  ADMINISTRATION.  (a)  The council is an advisory entity administered by the office of the governor.
(b)  The governor may adopt rules as necessary for the operation of the council.
(c)  The governor shall designate the presiding officer of the council.
(d)  The council shall meet at the call of the governor and shall meet at least once each quarter in a calendar year.
(e)  The council is not subject to Chapter 2110.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. Homeland Security Council › Section 421.024. Duties

Sec. 421.024.  DUTIES.  The council shall advise the governor on:
(1)   the implementation of the governor's homeland security strategy by state and local agencies and provide specific suggestions for helping those agencies implement the strategy; and
(2)  other matters related to the planning, development, coordination, and implementation of initiatives to promote the governor's homeland security strategy.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1208 (S.B. 1394), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. Homeland Security Council › Section 421.025. Special Advisory Committees

Sec. 421.025.  SPECIAL ADVISORY COMMITTEES.  (a)  The governor may appoint one or more special advisory committees composed of representatives from state or local agencies or nongovernmental entities not represented on the council.
(b)  The governor shall determine the number of members and qualifications for membership on a special advisory committee under this section.
(c)  A special advisory committee under this section shall assist the council in performing its duties.
(d)  A special advisory committee under this section is subject to Chapter 2110, except that Section 2110.002 does not apply.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. Homeland Security Council › Section 421.026. Report

Sec. 421.026.  REPORT.  The council shall annually submit to the governor a report stating:
(1)   the status and funding of state programs designed to detect and deter homeland security emergencies, including the status and funding of counterterrorism efforts;
(2)  recommendations on actions to reduce threats to homeland security, including threats related to terrorism; and
(3)  recommendations for improving the alert, response, and recovery capabilities of state and local agencies.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1208 (S.B. 1394), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. -1. Permanent Special Advisory Committees › Section 421.041. First Responder Advisory Council

Sec. 421.041.  FIRST RESPONDER ADVISORY COUNCIL.  (a)  The First Responder Advisory Council is a permanent special advisory committee created to advise the governor or the governor's designee on homeland security issues relevant to first responders, radio interoperability, the integration of statewide exercises for hazards, and the related use of available funding.
(b)  The council is composed of:
(1)  one representative for each of the following sectors of the state, appointed by the governor or the governor's designee:
(A)  law enforcement;
(B)  firefighters;
(C)  private first responders; and
(D)  emergency medical services; and
(2)  other members, as determined by the governor or the governor's designee.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 11, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. -1. Permanent Special Advisory Committees › Section 421.042. Private Sector Advisory Council

Sec. 421.042.  PRIVATE SECTOR ADVISORY COUNCIL.  (a)  The Private Sector Advisory Council is a permanent special advisory committee created to advise the governor or the governor's designee on homeland security issues relevant to the private sector.
(b)  The council is composed of:
(1)  one representative of a private organization or entity for each of the following sectors of the state, each appointed by the governor or the governor's designee:
(A)  agriculture and food;
(B)  banking and finance;
(C)  chemicals and hazardous materials;
(D)  the defense industry;
(E)  energy;
(F)  emergency services;
(G)  information technology;
(H)  telecommunications;
(I)  postal and shipping;
(J)  public health;
(K)  transportation;
(L)  ports and waterways; and
(M)  national monuments and icons; and
(2)  other members, as determined by the governor or the governor's designee.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 11, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. -1. Permanent Special Advisory Committees › Section 421.043. Eligibility

Sec. 421.043.  ELIGIBILITY.  (a)  To be eligible for appointment as a member of a permanent special advisory committee created under this subchapter, a person must demonstrate experience in the sector that the person is under consideration to represent and be directly involved in related policies, programs, or funding activities that are relevant to homeland security or infrastructure protection.
(b)  Each member of a permanent special advisory committee created under this subchapter serves at the will of the governor.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 11, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. -1. Permanent Special Advisory Committees › Section 421.044. Compensation and Reimbursement of Expenses Prohibited

Sec. 421.044.  COMPENSATION AND REIMBURSEMENT OF EXPENSES PROHIBITED.  A person who is a member of a permanent special advisory committee created under this subchapter is not entitled to receive compensation from this state for service on the committee or travel expenses incurred by the person while conducting the business of the committee.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 11, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter B. -1. Permanent Special Advisory Committees › Section 421.045. Duties

Sec. 421.045.  DUTIES.  Each permanent special advisory committee created under this subchapter shall advise the governor on:
(1)   the implementation of the governor's homeland security strategy by state and local agencies and provide specific suggestions for helping those agencies implement the strategy;
(2)  specific priorities related to the governor's homeland security strategy that the committee determines to be of significant importance to the statewide security of critical infrastructure; and
(3)  other matters related to the planning, development, coordination, and implementation of initiatives to promote the governor's homeland security strategy.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 11, eff. June 18, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1208 (S.B. 1394), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 421 - Homeland Security › Subchapter C. Civil Liability for Acts or Omissions › Section 421.061. Civil Liability

Sec. 421.061.  CIVIL LIABILITY.  (a)  An officer or employee of a state or local agency performing a homeland security activity or a volunteer performing a homeland security activity at the request or under the direction of an officer or employee of a state or local agency is considered for purposes of Section 437.222 to be a member of the Texas military forces ordered into active service of the state by proper authority and is considered to be discharging a duty in that capacity if:
(1)  the officer, employee, or volunteer is performing the homeland security activity under procedures prescribed or circumstances described for the purpose of this section in the governor's homeland security strategy;
(2)  in the case of a volunteer, the volunteer is acting within the course and scope of the request or direction of the officer or employee of the state or local agency; and
(3)  in the case of an officer or employee of a state or local agency, the officer or employee is acting within the course and scope of the person's authority.
(b)  A person described by Subsection (a) is not immune from civil liability under Section 437.222 for damages resulting from the performance of a homeland security activity if, under the circumstances, the person's performance of the homeland security activity was wilfully or wantonly negligent or done with conscious indifference or reckless disregard for the safety of persons this chapter is intended to protect.
(c)  This section does not make a person a member of the state military forces for any other purpose, including for purposes of the application of the Uniform Code of Military Justice.
(d)  This section does not affect the application of Section 437.222 on its own terms to a person who is a member of the Texas military forces ordered into active service of the state by proper authority under other law.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 1, eff. June 21, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.07, eff. September 1, 2013.