85R24658 JSC-F     By: Herrero, Guillen H.B. No. 3649       A BILL TO BE ENTITLED   AN ACT   relating to confidential communications of victims of certain   family violence offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subtitle C, Title 4, Family Code,   is amended to read as follows:   SUBTITLE C. [REPORTING] FAMILY VIOLENCE REPORTING AND SERVICES          SECTION 2.  Subtitle C, Title 4, Family Code, is amended by   adding Chapter 93 to read as follows:   CHAPTER 93. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS          Sec. 93.001.  DEFINITIONS. In this chapter:                (1)  "Advocate" means a person who has at least 20 hours   of training in assisting victims of family violence and is an   employee or volunteer of a family violence center.                (2)  "Family violence center" means a public or private   nonprofit organization that provides, as its primary purpose,   services to victims of family violence, including the services   described by Section 51.005(b)(3), Human Resources Code.                (3)  "Victim" has the meaning assigned to "victim of   family violence" by Section 51.002, Human Resources Code.          Sec. 93.002.  CONFIDENTIAL COMMUNICATIONS. A written or   oral communication between an advocate and a victim made in the   course of advising, advocating for, counseling, or assisting the   victim is confidential and may not be disclosed.          Sec. 93.003.  PRIVILEGED COMMUNICATIONS. (a)  A victim has a   privilege to refuse to disclose and to prevent another from   disclosing a confidential communication described by Section   93.002.          (b)  The privilege may be claimed by:                (1)  a victim or a victim's attorney on a victim's   behalf;                (2)  a parent, guardian, or conservator of a victim   under 18 years of age; or                (3)  an advocate or a family violence center on a   victim's behalf.          Sec. 93.004.  EXCEPTIONS. (a)  A communication that is   confidential under this chapter may be disclosed only:                (1)  to another individual employed by or volunteering   for a family violence center for the purpose of furthering the   advocacy process;                (2)  to other persons in the context of a support group   or group counseling in which a victim is a participant; or                (3)  for the purposes of making a report under Chapter   261 of this code or Section 48.051, Human Resources Code.          (b)  Notwithstanding Subsection (a), the Texas Rules of   Evidence govern the disclosure of a communication that is   confidential under this chapter in a criminal or civil proceeding   by an expert witness who relies on facts or data from the   communication to form the basis of the expert's opinion.          SECTION 3.  This Act takes effect September 1, 2017.