Texas Register
(30 TexReg 3378) and will not be
republished.
According to Article I, Section 31 of the Texas Constitution, the Texas
Compensation to Victims of Crime Fund may be expended as provided by law only
for delivering or funding victim-related compensation, services, or assistance.
Article 56.541(e) of the Texas Code of Criminal Procedure provides that
the OAG may use funds from the Texas Compensation to Victims of Crime Fund
for grants or contracts supporting crime victim-related services or assistance.
Subsection (f) of the Article requires the OAG to adopt rules necessary to
carrying out the Article's provisions.
The adopted new sections accurately implement, interpret, and prescribe
the law and minimum standards of practices, procedures, and policies of the
OAG relating to the administration of the Texas Compensation to Victims of
Crime Fund as required by the Administrative Procedures Act, Texas Government
Code, Ch. 2001.
Sections 62.33 - 62.73 outline the authority, procedures and guidelines
for funding under Sexual Assault Prevention and Crisis Services (SAPCS).
Sections 62.74 - 62.86 defines generally the guidelines and procedures
for "Advocate Training Certification" for sexual assault advocates.
One comment was received regarding §62.76(d) The requestor asked if
participants could make up missed classroom time on "Working with Survivors"
through other means, such as self-study or "make-up videos." In developing
the new rules, the OAG convened an Advocate Training Certification Workgroup
to make recommendations on the rules governing Certification of Sexual Assault
Training programs. The workgroup was composed of executive directors, sexual
assault program directors, volunteer coordinators, a representative from the
Texas Association Against Sexual Assault, and two OAG employees. The program
representatives were selected to represent geographic and programmatic differences
in sexual assault programs across the state. The workgroup agreed face-to-face
classroom time was essential to adequate instruction in this skill-based portion
of the training curriculum. Other components of the curriculum allow for more
flexibility in self-study, on-the-job training, and other appropriate means
of making up missed content. Therefore, the workgroup recommended that the
content in "Working with Survivors" only be provided through face-to-face
classroom instruction and that other means of "making up" the content should
not be allowed.
The new sections are adopted under the Texas Government Code,
sections 420.004 and 420.011, which authorize the OAG to adopt rules necessary
to implement Chapter 420.
The new sections affect Texas Government Code, Chapter 420.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2005.
TRD-200503345
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Effective date: August 31, 2005
Proposal publication date: June 10, 2005
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at (512) 463-2110.