HUMAN RESOURCES CODE
SUBTITLE E. SERVICES FOR FAMILIES
CHAPTER 51. FAMILY VIOLENCE CENTERS
§ 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, § 1, eff. Sept.
1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 1, eff.
Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, § 2, eff. Sept. 1,
2001.
§ 51.002. DEFINITIONS. In this chapter:
(1) "Family" has the meaning assigned by Section
71.003, Family Code.
(2) "Family violence" means an act by a member of a
family or household against another member of the family or
household that:
(A) is intended to result in physical harm,
bodily injury, or assault or that is a threat that reasonably places
the member in fear of imminent physical harm, bodily injury, or
assault, but does not include defensive measures to protect
oneself; or
(B) is intended to inflict emotional harm,
including an act of emotional abuse.
(3) "Family violence center" includes a family
violence shelter center and a family violence nonresidential
center.
(4) "Family violence nonresidential center" means a
program that:
(A) is operated by a public or private nonprofit
organization; and
(B) provides comprehensive nonresidential
services to victims of family violence.
(5) "Family violence shelter center" means a program
that:
(A) is operated by a public or private nonprofit
organization; and
(B) provides comprehensive residential and
nonresidential services to victims of family violence.
(6) "Family violence special project" means a project
that:
(A) is operated by a public or private nonprofit
organization; and
(B) provides at least one specialized family
violence service.
(7) "Household" has the meaning assigned by Section
71.005, Family Code.
(8) "Member of a household" has the meaning assigned
by Section 71.006, Family Code.
(9) "Victim of family violence" means:
(A) an adult member of a family or household who
is subjected to an act of family violence; or
(B) a member of the household of the adult
described by Paragraph (A), other than the member of the household
who commits the act of family violence, including an act of
emotional abuse.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 2, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 561, § 36, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 6, § 3, eff. Sept. 1, 2001.
§ 51.0021. FAMILY VIOLENCE SERVICES PLAN. (a) The
department shall develop and maintain a plan for delivering family
violence services in this state.
(b) In developing the plan under this section, the
department shall consider the geographic distribution of services
and the need for services, including the need for increasing
services for underserved populations.
Added by Acts 2001, 77th Leg., ch. 6, § 4, eff. Sept. 1, 2001.
§ 51.003. CONTRACTS. (a) The department shall
contract for services with family violence centers with
consideration given to the plan for family violence services under
Section 51.0021. These contracts are to expand existing family
violence center services and may not result in reducing financial
support a family violence center receives from another source. The
contracts shall not provide for more than 75 percent of the cost of
the family violence center program. The department shall develop a
declining scale of state financial support for family violence
centers, declining over a six-year period from the initiation of
each individual contract, with no more than 50 percent of a family
violence center program's funding to be provided by the state after
the sixth year. The balance each year shall be provided from other
sources. The department may adopt rules which will allow
exceptions to the above scale in individual instances when a family
violence center shall demonstrate that exigent circumstances
require such a waiver.
(b) The department may contract with family violence
special projects for services. The department shall consider the
plan for family violence services under Section 51.0021 in
contracting with family violence special projects.
(c) The department 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 department may contract for the provision of public
education, consultation to the department, research, evaluation,
and liaison and training for other professionals who work with
victims of family violence, including professionals in the criminal
justice, medical, and social services fields, and for community or
civic groups.
(d) The department shall award all contracts made under
Subsection (c) through a competitive bidding process unless that
process would not be cost-effective.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981. Amended by Acts 1985, 69th Leg., ch. 264, § 19, eff.
Aug. 26, 1985; Acts 1989, 71st Leg., ch. 636, § 3, eff. Sept. 1,
1989; Acts 2001, 77th Leg., ch. 6, § 5, eff. Sept. 1, 2001.
§ 51.004. CONTRACT BIDS. (a) To be eligible for a
contract under Section 51.003(a), a family violence shelter center
must:
(1) provide temporary lodging and direct delivery of
services for adults and their dependents;
(2) have been in actual operation offering shelter
services 24 hours a day with a capacity for not less than five
persons for at least one year before the date on which the contract
is awarded;
(3) demonstrate that the center, through the services
it provides, is addressing a need in the community consistent with
the plan for family violence services under Section 51.0021; and
(4) submit a contract application on forms prescribed
by the department.
(b) To be eligible for a contract under Section 51.003(a), a
family violence nonresidential center must:
(1) provide, as its primary purpose, direct delivery
of services to adult victims of family violence;
(2) demonstrate a system of referring victims of
family violence to at least one family violence shelter center or
other safe temporary lodging;
(3) have been operating and providing comprehensive
services, including the services described by Section
51.005(b)(3), to victims of family violence for at least one year
before the date on which the contract is awarded;
(4) demonstrate that the center, through the services
it provides, is addressing a need in the community consistent with
the plan for family violence services under Section 51.0021; and
(5) submit a contract application on forms prescribed
by the department.
(c) The department shall consider the following factors in
awarding contracts under Section 51.003(a):
(1) the family violence center's eligibility for and
use of funds from the federal government, philanthropic
organizations, and voluntary sources;
(2) community support for the family violence center,
as evidenced by financial contributions from civic organizations,
local governments, and individuals;
(3) evidence that the family violence center provides
services that encourage self-sufficiency and effectively uses
community resources;
(4) evidence of involvement with local law enforcement
officials; and
(5) support for the family violence center through
volunteer work, especially volunteer effort by persons who have
been victims of family violence.
(d) To be eligible for a contract under Section 51.003(b), a
family violence special project must:
(1) provide:
(A) community education relating to family
violence; or
(B) direct delivery of services for adult victims
of family violence or their children;
(2) demonstrate a system of referring victims of
family violence to at least one family violence shelter center or
other safe temporary lodging;
(3) demonstrate that the project, through the services
it provides, is addressing a need in the community consistent with
the plan for family violence services under Section 51.0021;
(4) demonstrate that the underserved or special
population to be served by the project is involved in the project's
design and implementation, if applicable; and
(5) submit a contract application on forms prescribed
by the department.
(e) The department shall use a noncompetitive procurement
procedure if the department determines that there is no competition
between eligible family violence centers for a service area. If the
department determines that there is competition between eligible
family violence centers for a service area, the department shall
award a contract through a competitive procurement procedure.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 4, eff.
Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, § 6, eff. Sept. 1,
2001.
§ 51.005. CONTRACT SPECIFICATIONS. (a) The department
shall contract only with public or private nonprofit organizations
that fulfill the requirements of this chapter.
(b) The contracts shall require the persons operating a
family violence center to:
(1) make a quarterly and an annual financial report on
a form prescribed by the department;
(2) cooperate with inspections the department makes to
ensure services standards and fiscal responsibility; and
(3) provide, as its primary purpose, services to
victims of family violence that include:
(A) 24-hour-a-day shelter, except that a family
violence nonresidential center may provide access to a
24-hour-a-day shelter;
(B) a 24-hour-a-day crisis hotline, except that a
family violence nonresidential center may provide access to a
24-hour-a-day crisis hotline operated by another organization
located in the nonresidential center's service area;
(C) access to emergency medical care;
(D) intervention services, including safety
planning, understanding and support, information, education,
referrals, and other resource assistance;
(E) access to emergency transportation;
(F) legal assistance in the civil and criminal
justice systems, including:
(i) identifying individual needs, legal
rights, and legal options; and
(ii) providing support and accompaniment in
pursuing those options;
(G) information about educational arrangements
for children;
(H) information about training for and seeking
employment;
(I) cooperation with criminal justice officials;
(J) community education;
(K) a referral system to existing community
services; and
(L) a volunteer recruitment and training
program.
(c) The contracts may require the persons operating a family
violence center to use intake and case study forms. Forms required
shall be developed by the department with consultation as outlined
in Section 51.008.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 5, eff.
Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, § 7, eff. Sept. 1,
2001.
§ 51.0051. MAXIMIZING FEDERAL FUNDING FOR PROGRAMS TO
BENEFIT VICTIMS OF FAMILY VIOLENCE. To maximize the state's
receipt of federal matching funds for emergency assistance under
Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et
seq.), the department shall:
(1) ensure that a contract made under Section 51.003
includes provisions necessary to maximize federal funding for
services for victims of family violence;
(2) file amendments to the state's plan for aid and
services to needy families with children under Part A, Title IV,
Social Security Act (42 U.S.C. Section 601 et seq.), that are
necessary to maximize federal funding; and
(3) establish by rule any reporting procedures that
federal law requires as a condition of receiving federal matching
funds.
Added by Acts 1995, 74th Leg., ch. 609, § 1, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 655, § 6.11, eff. Sept. 1, 1995 .
§ 51.006. REPORT. Not later than November 1 of each
even-numbered year, the department shall publish a report that
summarizes reports from family violence centers under contract with
the department and that analyzes the effectiveness of the contracts
authorized by this chapter. The reports must include information
on the expenditure of funds authorized under this chapter, the
services provided, the number of persons for whom a service was
provided, and any other information relating to the provision of
family violence services. The report may be combined with the
report required by Section 21.011. Copies of the report shall be
submitted to the governor, the lieutenant governor, the speaker of
the house of representatives, the Legislative Budget Board, and the
standing committees of the senate and house of representatives
having primary jurisdiction over the department.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 5, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 693, § 6, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 6, § 8, eff. Sept. 1, 2001.
§ 51.007. CONFIDENTIALITY. The department may not
disclose any information that would identify:
(1) a particular family violence center location;
(2) a board member of a family violence center or
family violence special project; or
(3) a person working at or receiving services through
a family violence center or family violence special project.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981. Amended by Acts 1989, 71st Leg., ch. 636, § 5, eff.
Sept. 1, 1989; Acts 2001, 77th Leg., ch. 6, § 9, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 161, § 1, eff. May 27, 2003.
§ 51.008. CONSULTATIONS. In implementing this chapter,
the department shall consult with individuals and groups having
knowledge of and experience in the problems of family violence.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981.
§ 51.009. GRANTS AND FUNDS. The department may seek
other funds that may be available for the contracts authorized by
this chapter.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981.
§ 51.010. RULES. The department may adopt rules
necessary to implement this chapter.
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981.
§ 51.011. FUNDING. (a) In order to finance the program
created by this chapter, the department is authorized to solicit
and receive grants of money from either private or public sources,
including appropriation by the legislature from the general revenue
fund of the State of Texas, and in that regard it is hereby declared
that the need for and importance of this program require priority
and preferential consideration in appropriation.
(b) The department may use not more than six percent of the
annual legislative appropriation to the family violence program for
administration of this chapter and not more than six percent
annually for the contracts described in Section 51.003(c).
Added by Acts 1981, 67th Leg., p. 3313, ch. 867, § 1, eff. Sept.
1, 1981. Amended by Acts 2001, 77th Leg., ch. 6, § 10, eff. Sept.
1, 2001.
§ 51.012. COORDINATION OF SERVICES. The department and
the Department of Protective and Regulatory Services shall
coordinate the provision of violence prevention services for
children.
Added by Acts 2001, 77th Leg., ch. 6, § 11, eff. Sept. 1, 2001.
