By: Blanco S.B. No. 623               A BILL TO BE ENTITLED   AN ACT   relating to the investigation and punishment of certain sexual   assaults, to protective orders issued on the basis of certain   sexual assaults, to crime victims' compensation, and to the   establishment of a state sexual assault prevention and response   program for the Texas Military Department.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 432, Government Code, is amended by   adding Subchapter J-1 to read as follows:   SUBCHAPTER J-1. SEXUAL ASSAULT          Sec. 432.171.  DEFINITIONS. In this subchapter:                (1)  "Coordinator" means the state sexual assault   response coordinator employed as provided by this subchapter.                (2)  "Program" means the state sexual assault   prevention and response program established as provided by this   subchapter.                 (3)  "Department" means the Texas Military Department.          Sec. 432.172.  SEXUAL ASSAULT. A person subject to this   chapter who commits an offense under Section 22.011 or 22.021,   Penal Code, is subject to investigation under this subchapter and   punishment under this chapter.          Sec. 432.173.  STATE SEXUAL ASSAULT PREVENTION AND RESPONSE   PROGRAM; COORDINATOR. (a) To the extent state and federal funds   are available for this purpose, the department shall establish a   state sexual assault prevention and response program and employ or   designate a state sexual assault response coordinator to perform   victim advocacy services, including ensuring that victims of sexual   assault receive appropriate responsive care and understand the   available reporting options.          (b)  The coordinator shall notify the person who is the   victim of sexual assault of their eligibility for the Crime   Victims' Compensation program.           (c)  The program and coordinator are within the Texas   Military Department but shall exercise the authority granted under   this subchapter independently from the chain of command within the   department.          (d)  The program must allow a victim of:                (1)  an offense under Section 22.011 or 22.021, Penal   Code, to file a report with the coordinator alleging that a person   subject to this chapter committed the offense; and                (2)  sexual harassment to:                      (A)  file a confidential complaint of sexual   harassment with the coordinator;                      (B)  participate in the United States Department   of Defense Catch a Serial Offender program;                      (C)  receive notice if the accused person is   subsequently accused of an offense under Section 22.011 or 22.021,   Penal Code, by a service member or any other person; and                      (D)  convert a confidential complaint to a formal   complaint at any time.          Sec. 432.174.  INVESTIGATION. (a) Upon the filing of a   formal report and with the consent of the victim, the coordinator   shall refer the case or allegation to the Texas Rangers division of   the Department of Public Safety for investigation.          (b)  The Texas Rangers division of the Department of Public   Safety shall designate an officer of the Texas Rangers to serve as   an investigator for cases and allegations referred to the division   under this subchapter. If the investigation demonstrates a   reasonable suspicion that an offense under Section 22.011 or   22.021, Penal Code, was committed by a person subject to this   chapter, the investigator shall refer the matter to a district   attorney or criminal district attorney with the appropriate   jurisdiction.           Sec. 432.175.  PROTECTIVE ORDER. In accordance with Article   7B.001(a-1), Code of Criminal Procedure, the coordinator may file   an application with the consent of a person who is the victim for a   protective order under Subchapter A, Chapter 7B, Code of Criminal   Procedure, on behalf of a person who is the victim of an offense   under Section 22.011 or 22.021, Penal Code, that is alleged to have   been committed by a person subject to this chapter.          Sec. 432.176.  REPORT TO LEGISLATURE; LEGISLATIVE   OVERSIGHT. (a) The adjutant general or coordinator shall annually   submit a report on the activities under the program and the   activities of the Texas Military Department relating to sexual   assault prevention and response to:                (1)  the governor;                (2)  the lieutenant governor;                (3)  the speaker of the house of representatives; and                (4)  the chairs of the standing committees of the   senate and house of representatives with primary jurisdiction over   the Texas Military Department.          (b)  The report must include:                (1)  for the preceding state fiscal year:                      (A)  the policies and procedures implemented by   the coordinator and adjutant general in response to incidents of   sexual assault;                      (B)  an assessment of the implementation and   effectiveness of the program and the policies and procedures on the   prevention and oversight of and response to sexual assaults within   the Texas Military Department, including an assessment of the   department's efforts to execute the priorities of the United States   Department of Defense Sexual Assault Prevention and Response Office   and the department's Sexual Harassment/Assault Response Program;                      (C)  an analysis of the number of sexual assaults   involving members of the state military forces; and                      (D)  deficiencies in the Texas Military   Department's sexual assault prevention training; and                (2)  for the current state fiscal year, the Texas   Military Department's plans for preventing and responding to sexual   assault, including plans relating to:                      (A)  advocacy for sexual assault victims;                      (B)  health care provider and medical response;                      (C)  mental health and counseling response;                      (D)  investigative and legal services; and                      (E)  chaplain response.          (c)  Information provided in the report required under   Subsection (b)(1)(C) for restricted cases is limited to aggregated   statistical data to protect victim privacy and for unrestricted   cases is limited to aggregated statistical data that at a minimum   includes:                (1)  statistics relating to the types of offenses   investigated under this subchapter;                (2)  statistics relating to victims and accused   persons;                (3)  status of investigations under this subchapter;                (4)  status of investigations under this subchapter and   prosecutions under this chapter; and                (5)  status of administrative actions taken by the   Texas Military Department.          SECTION 2.  Article 7B.001, Code of Criminal Procedure, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  In addition to the persons having standing to file the   application under Subsection (a), the state sexual assault response   coordinator described by Subchapter J-1, Chapter 432, Government   Code, may file an application with the consent of a person who is   the victim for a protective order under this subchapter on behalf of   a person who is the victim of an offense under Section 22.011 or   22.021, Penal Code, alleged to have been committed by a person   subject to Chapter 432, Government Code.          SECTION 3.  Article 7B.003, Code of Criminal Procedure, is   amended by adding Subsection (c) to read as follows:          (c)  For purposes of this article, a military protective   order issued to a person because the person was a reported victim of   an offense under Section 22.011 or 22.021, Penal Code, constitutes   reasonable grounds to believe that the applicant is the victim of   sexual assault.          SECTION 4.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 5.  This Act takes effect September 1, 2021.