By McDonald H.B. No. 982
74R4657 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the children's trust fund and the Children's Trust Fund
1-3 of Texas Council operating fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 74.003, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 74.003. POWERS AND DUTIES. (a) The council shall:
1-8 (1) develop a state plan for expending funds for child
1-9 abuse and neglect prevention and family support programs that
1-10 includes an annual <a> schedule of transfers of trust fund money to
1-11 the operating fund <through 1996 to assure that there is no decline
1-12 in the amount of grant money available in 1997>;
1-13 (2) develop eligibility criteria for applicants for
1-14 grants to fund child abuse and neglect prevention and family
1-15 support programs;
1-16 (3) establish grant application procedures;
1-17 (4) establish funding priorities for child abuse and
1-18 neglect prevention and family support programs;
1-19 (5) establish guidelines relating to grant amounts;
1-20 (6) establish guidelines to ensure fair distribution
1-21 of grants between rural and urban areas of the state;
1-22 (7) develop procedures for evaluating grant
1-23 applications;
1-24 (8) review grant proposals submitted to the council
2-1 and approve or deny those grants;
2-2 (9) monitor the expenditure of funds for child abuse
2-3 and neglect prevention and family support programs;
2-4 (10) submit an annual report to the governor and the
2-5 legislature; and
2-6 (11) adopt rules and employ necessary staff to
2-7 implement this chapter.
2-8 (b) The council may:
2-9 (1) apply for and receive funds made available by the
2-10 federal or state government or by another public or private source,
2-11 which funds may be designated and expended for administrative
2-12 purposes, public education and awareness, research, and evaluation
2-13 and <or> for grants for child abuse and neglect prevention and
2-14 family support programs, and which may be deposited in either the
2-15 trust fund or the operating fund, as appropriate; <and>
2-16 (2) solicit and accept donations for administrative
2-17 purposes, public education and awareness, research, and evaluation
2-18 and for child abuse and neglect prevention and family support
2-19 programs; and
2-20 (3) contract with any public or private person to
2-21 carry out a power or duty prescribed by this chapter.
2-22 SECTION 2. Section 74.005, Human Resources Code, is amended
2-23 to read as follows:
2-24 Sec. 74.005. ADMINISTRATIVE AND OTHER COSTS. Costs of
2-25 administration, public education and awareness, research, and
2-26 evaluation <(a) Administrative costs> during any fiscal year may
2-27 not exceed an amount equal to the amount credited to <10 percent of
3-1 the maximum amount of funds the council may transfer from> the
3-2 trust fund during the previous <a> fiscal year from any source,
3-3 including interest, but not including the amount credited to the
3-4 fund under Section 118.022, Local Government Code. <under Section
3-5 74.006(c) or under Section 74.007(b).>
3-6 <(b) Funds expended under a special project grant from a
3-7 nongovernmental source or a governmental source designated for
3-8 public education or public awareness may not be counted as
3-9 administrative costs for the purposes of this section.>
3-10 SECTION 3. Section 74.006, Human Resources Code, is amended
3-11 by amending Subsection (c) and adding Subsections (d) and (e) to
3-12 read as follows:
3-13 (c) The council may transfer money contained in the trust
3-14 fund to the operating fund at any time. However, during a fiscal
3-15 year the council may not transfer more than the amount deposited to
3-16 the credit of the fund from any source, including interest and the
3-17 amount credited under Section 118.022, Local Government Code,
3-18 during the preceding <more than 50 percent of the money that was
3-19 contained in the trust fund on the first day of that> fiscal year.
3-20 Money <The money> transferred to the operating fund that was
3-21 originally deposited to the credit of the trust fund under Section
3-22 118.022, Local Government Code, <under this subsection> may be used
3-23 only for child abuse and neglect prevention and family support
3-24 programs. The council may also transfer funds contained in the
3-25 operating fund to the trust fund at any time. <This subsection
3-26 expires August 31, 1996.>
3-27 (d) Interest earned on money in the trust fund shall be
4-1 deposited to the credit of the trust fund.
4-2 (e) Sections 403.094 and 403.095, Government Code, do not
4-3 apply to the trust fund.
4-4 SECTION 4. Section 74.007, Human Resources Code, is amended
4-5 by amending Subsection (b) and adding Subsection (d) to read as
4-6 follows:
4-7 (b) <Beginning September 1, 1996, any interest earned on
4-8 funds deposited in the trust fund shall be deposited in the
4-9 operating fund.> Administrative and other costs allowed in Section
4-10 74.005 shall be taken from the operating fund. <Any interest
4-11 earned before September 1, 1996, shall remain in the trust fund.>
4-12 The council may also transfer funds contained in the operating fund
4-13 to the trust fund at any time.
4-14 (d) Sections 403.094 and 403.095, Government Code, do not
4-15 apply to the operating fund.
4-16 SECTION 5. Section 74.009(b), Human Resources Code, is
4-17 amended to read as follows:
4-18 (b) Except as provided by Subsection (a), any group,
4-19 including a program receiving state aid, may apply to the council
4-20 for a grant to fund child abuse and neglect prevention and family
4-21 support programs under this chapter in accordance with council
4-22 rules.
4-23 SECTION 6. Section 74.010(a), Human Resources Code, is
4-24 amended to read as follows:
4-25 (a) The council may award grants to fund child abuse and
4-26 neglect prevention and family support programs to eligible
4-27 applicants.
5-1 SECTION 7. Section 118.022(b), Local Government Code, is
5-2 amended to read as follows:
5-3 (b) The comptroller shall deposit the money received under
5-4 this section to the credit of the children's trust fund established
5-5 under Section 74.006, Human Resources Code. The dedication is
5-6 exempt from the application of Sections 403.094 and 403.095,
5-7 Government Code.
5-8 SECTION 8. The Children's Trust Fund of Texas Council
5-9 operating fund is re-created as a special fund to be used for the
5-10 purposes designated in Chapter 74, Human Resources Code.
5-11 SECTION 9. This Act takes effect September 1, 1995, except
5-12 that Section 118.022(b), Local Government Code, as amended by this
5-13 Act, takes effect immediately.
5-14 SECTION 10. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended,
5-19 and that this Act take effect and be in force according to its
5-20 terms, and it is so enacted.