BILL ANALYSIS
C.S.H.B. 982
By: McDonald
04-06-95
Committee Report (Substituted)
BACKGROUND
The Children's Trust Fund of Texas was established by statute in
1985 to provide financial support for community-based efforts to
address child abuse and neglect. The Children's Trust Fund was
made a state agency in 1991. The Trust Fund and its operating fund
are part of the State Treasury and are funded by: $12.50 from each
marriage license fee (Sec. 118.022, Local Government Code), grants
from the Federal Prevention Grant Program of the National Center on
Child Abuse, and from private contributions.
PURPOSE
C.S.H.B. 982 would require an annual schedule of transfers from the
Trust Fund to the operating fund. The bill would allow the use of
more funds for actual program, distributed via the operating fund,
by allowing transfer of greater sums from the trust to the
operating fund.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sec. 74.003, subsection (a), Human Resources
Code to specify that transfers of trust fund money to the
operating fund shall be made on an annual
schedule.
SECTION 2. Amends Sec. 74.005, subsection (a), Human Resources
Code, to provide that, during any fiscal year, administrative
costs may not exceed fifty percent of the
interest credited in the preceding fiscal
year.
SECTION 3. Amends Sec. 74.006, subsection (c), Human Resources
Code, to specify that in any fiscal year, the council may not
transfer from the trust fund to the
operating fund more money than was
deposited to the credit of the fund
in the previous fiscal year. This
replaces the previous limit of fifty
percent of the money that was in the
trust on the first day of the fiscal
year.
Amends Sec. 74.006, subsection (d), to provide that interest
earned on the trust fund shall be deposited to the credit of
the trust fund.
SECTION 4. Amends Sec. 74.007(b), Human Resources Code, to delete
provisions requiring that after September 1, 1996, interest on
the Trust Fund shall be deposited
into the operating fund while any
interest earned before September 1,
1996 is to remain in the trust fund.
Provides that costs allowed under
Sec. 74.005 shall be taken from the
operating fund.
SECTION 5. Amends Sec. 74.010(b), Human Resources Code, to allow
the council to extend the time period of a grant beyond the
three-year maximum if the council
determines that circumstances
require the extension.
SECTION 6. Effective date: September 1, 1995.
SECTION 10. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 982 requires an annual schedule of transfers from the
Trust Fund to the operating fund and allows the use of up to fifty.
The substitute would allow the use of more funds for actual
program, distributed via the operating fund, by allowing transfer
of greater sums from the trust to the operating fund.
The original bill would also have allowed the council to provide
grants for family support programs and for public education and
awareness. The council would have been authorized to contract with
any public or private person to carry out any council duties. The
original bill would also have exempted the Children's Trust Fund
and its operating fund from funds sweep and consolidation.
SUMMARY OF COMMITTEE ACTION
H.B. 982 was posted for consideration in public hearing on April
12, 1985. Representative McDonald laid out a proposed committee
substitute. There was no public testimony on, for, or against the
bill. H.B. 982 was referred to subcommittee. On May 8, 1995, the
Chair called H.B. 982 up from subcommittee and the bill was
considered in public hearing on that day. The Chair moved to lay
out a committee substitute. There being no objection, the
substitute was adopted. Jack Fields, Executive Director of the
Children's Trust Fund testified on the bill. There was no
testimony for or against the bill. The bill was left pending. The
bill was considered in public meeting on May 8, 1995.
Representative McDonald laid out a new committee substitute, which
was adopted without objection. The motion to report the committee
substitute favorably to the Committee on Calendars carried with a
vote of 18 Ayes, 0 Nays, 0 PNV and 9 Absent.