Title GV, Government Code

Sec. 419.905. APPEAL OF COMMISSION DECISIONS. (a) A person dissatisfied with an action of the commission may appeal the action in accordance with Chapter 2001. (b) The attorney general, the district or county attorney, or an assistant of one of these persons shall represent the c…

Sec. 419.906. ADMINISTRATIVE AND CIVIL PENALTIES; INJUNCTION. (a) In addition to other penalties imposed by law, a person who violates this chapter or a rule adopted under this chapter is subject to an administrative penalty in an amount set by the commission not to exceed $1,000…

Sec. 419.907. LOCATION OF OFFICES OF COMMISSION, STATE FIRE MARSHAL, AND TEXAS FOREST SERVICE. (a) To the extent feasible, the commission, the state fire marshal, and the Texas Forest Service shall colocate office space outside of Travis County used for related functions performe…

Sec. 419.908. COOPERATION WITH FEDERAL AND STATE ENTITIES IN A DISASTER. In a declared state of disaster under Section 418.014, the commission shall coordinate with appropriate state and federal agencies, including the governor's office of the homeland security and the Federal Em…

Sec. 419.909. FIRE SAFETY INSPECTIONS. (a) Except as provided by Subsection (a-1), only an individual certified by the commission as a fire inspector may conduct a fire safety inspection required by a state or local law, rule, regulation, or ordinance. The following entities may …

Sec. 420.001. SHORT TITLE. This chapter may be cited as the Sexual Assault Prevention and Crisis Services Act. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991. Renumbered from Health and Safety Code Sec. 44.001 by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sep…

Sec. 420.002. PURPOSE. The purpose of this chapter is to promote the development throughout the state of locally based and supported nonprofit programs for the survivors of sexual assault and to standardize the quality of services provided. Added by Acts 1991, 72nd Leg., ch. 14, …

Sec. 420.003. DEFINITIONS. In this chapter: (1) "Accredited crime laboratory" means a crime laboratory, as that term is defined by Article 38.35, Code of Criminal Procedure, that has been accredited under Article 38.01 of that code. (1-a) "Active criminal case" means a case: (A) …

Sec. 420.004. ADMINISTRATION OF PROGRAM. The attorney general shall administer the Sexual Assault Prevention and Crisis Services Program and may delegate a power or duty given to the attorney general under this chapter to an employee in the attorney general's office. Added by Act…

Sec. 420.005. GRANTS. (a) For purposes described by Section 420.008, the attorney general may award grants to sexual assault programs, state sexual assault coalitions, and other appropriate local and statewide programs and organizations related to sexual assault. (b) The attorney…

Sec. 420.006. SPECIAL PROJECTS. The attorney general may consult and contract with or award grants to entities described by Section 420.005(a) for special projects to prevent sexual assault and improve services to survivors. Added by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Se…

Sec. 420.007. FUNDING. (a) The attorney general may receive grants, gifts, or appropriations of money from the federal government, the state legislature, or private sources to finance the grant program created by this chapter. (b) The attorney general may not use more than 15 per…

Sec. 420.008. SEXUAL ASSAULT PROGRAM FUND. (a) The sexual assault program fund is a special account in the general revenue fund. (b) The fund consists of: (1) fees and fines collected under: (A) Article 42A.653(a), Code of Criminal Procedure; (B) Section 508.189, Government Code;…

Sec. 420.009. REPORT. The attorney general shall publish a report on the service not later than December 10 of each year. The report must summarize reports from programs receiving grants from the attorney general, analyze the effectiveness of the grants, and include information o…

Sec. 420.010. CONFIDENTIALITY. The attorney general may not disclose any information received from reports, collected case information, or site-monitoring visits that would identify a person working at or receiving services from a sexual assault program. Added by Acts 1991, 72nd …

Sec. 420.011. CERTIFICATION BY ATTORNEY GENERAL; RULES. (a) The attorney general may adopt rules necessary to implement this chapter. A proposed rule must be provided to grant recipients at least 60 days before the date of adoption. (b) The attorney general shall adopt rules esta…

Sec. 420.012. CONSULTATIONS. In implementing this chapter, the attorney general shall consult with: (1) state sexual assault coalitions; (2) state agencies, task forces, and councils that have duties relating to the prevention, investigation, or prosecution of sexual assault or o…

Sec. 420.013. DEPOSIT BY COMPTROLLER; AUDIT. (a) The comptroller shall deposit any money received under this subchapter and any money credited to the Sexual Assault Prevention and Crisis Services Program by another law in the sexual assault prevention and crisis services fund. (b…

Sec. 420.014. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF COSTS; FAILURE TO COMPLY. (a) If the attorney general reasonably believes that a court or a community supervision office has not properly assessed or made a reasonable effort to collect costs due under Chapter 42A, Code …

Sec. 420.015. ASSESSMENT OF SEXUALLY ORIENTED BUSINESS REGULATIONS. The legislature may appropriate funds for a third-party assessment of the sexually oriented business industry in this state and provide recommendations to the legislature on how to further regulate the growth of …

Sec. 420.031. EVIDENCE COLLECTION PROTOCOL; KITS. (a) The attorney general shall develop and distribute to law enforcement agencies and proper medical personnel an evidence collection protocol that shall include collection procedures and a list of requirements for the contents of…

Sec. 420.032. PHOTO DOCUMENTATION REQUIRED FOR CHILD VICTIMS IN CERTAIN COUNTIES. (a) In this section: (1) "Child" has the meaning assigned by Section 101.003, Family Code. (2) "Medical professional" has the meaning assigned by Section 91.001, Family Code. (3) "Photo documentatio…

Sec. 420.033. CHAIN OF CUSTODY. Medical, law enforcement, department, and laboratory personnel who handle evidence of a sexual assault or other sex offense under this chapter or other law shall maintain the chain of custody of the evidence from the time the evidence is collected …

Sec. 420.034. STATEWIDE ELECTRONIC TRACKING SYSTEM. (a) For purposes of this section, "evidence" means evidence collected during the investigation of a sexual assault or other sex offense, including: (1) evidence from an evidence collection kit used to collect and preserve eviden…

Sec. 420.035. EVIDENCE RELEASE. (a) If a health care facility or other entity that performs a medical examination to collect evidence of a sexual assault or other sex offense receives signed, written consent to release the evidence as provided by Section 420.0735, the facility or…

Sec. 420.036. DUTY TO ENTER CERTAIN INFORMATION INTO VIOLENT CRIMINAL APPREHENSION PROGRAM DATABASE. (a) In this section, "database" means the national database of the Violent Criminal Apprehension Program established and maintained by the Federal Bureau of Investigation, or a su…

Sec. 420.041. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to physical evidence of a sexual assault or other sex offense that is collected with respect to an active criminal case. Added by Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 5, eff. September 1, 20…

Sec. 420.042. ANALYSIS OF EVIDENCE. (a) A law enforcement agency that receives evidence of a sexual assault or other sex offense that is collected under this chapter or other law shall submit that evidence to a public accredited crime laboratory for analysis not later than the 30…

Sec. 420.043. DATABASE COMPARISON REQUIRED. (a) Not later than the 30th day after the date an evidence collection kit containing biological evidence has been analyzed by an accredited crime laboratory and any necessary quality assurance reviews have been performed, except as prov…

Sec. 420.0431. DUTIES FOLLOWING DATABASE DNA MATCH. (a) If a match that may assist in the investigation of a criminal case is identified under Section 420.043 between biological evidence contained in an evidence collection kit and a DNA profile contained in a database described b…

Sec. 420.0432. SURVIVOR NOTIFICATION CONCERNING DATABASE DNA MATCH. (a) If, with respect to a sexual assault or other sex offense, a match is identified under Section 420.043 between biological evidence contained in an evidence collection kit and a DNA profile contained in a data…

Sec. 420.044. GRANT FUNDS. The department shall apply for any available federal grant funds applicable to the analysis of evidence collection kits containing biological evidence, including grant money available under the National Institute of Justice's DNA Capacity Enhancement an…

Sec. 420.046. NONCOMPLIANCE. Failure to comply with the requirements of Subchapter B or this subchapter may be used to determine eligibility for receiving grant funds from the department, the office of the governor, or another state agency. Added by Acts 2019, 86th Leg., R.S., Ch…

Sec. 420.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT. An individual may act as an advocate for survivors of sexual assault for the purposes of Subchapter H, Chapter 56A, Code of Criminal Procedure, if the individual has completed a sexual assault training program certified by …

Sec. 420.071. CONFIDENTIAL COMMUNICATIONS AND RECORDS; PRIVILEGE. (a) Any communication, including an oral or written communication, between an advocate and a survivor that is made in the course of advising, counseling, or assisting the survivor is confidential. (b) Any record cr…

Sec. 420.072. DISCLOSURE OF CONFIDENTIAL COMMUNICATION OR RECORD. (a) A communication or record that is confidential under Section 420.071 may only be disclosed if: (1) the communication or record is relevant to the claims or defense of an advocate or sexual assault program in a …

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 …

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 emp…

Sec. 420.0736. LIMITED CONSENT FOR DNA TESTING OF CERTAIN EVIDENCE. (a) To encourage the reporting of sexual assaults or other sex offenses that would otherwise remain unreported and notwithstanding Sections 420.0431 and 420.0432, a survivor or other person authorized to consent …

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 c…

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 …

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 …

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…

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:…

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) sta…

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 …