1-1 By: McDonald (Senate Sponsor - Shapiro) H.B. No. 982
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 16, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 23, 1995, reported favorably by the
1-5 following vote: Yeas 5, Nays 0; May 23, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the children's trust fund and the Children's Trust Fund
1-9 of Texas Council operating fund.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 74.003, Human Resources Code, is amended
1-12 to read as follows:
1-13 Sec. 74.003. Powers and Duties. (a) The council shall:
1-14 (1) develop a state plan for expending funds for child
1-15 abuse and neglect prevention programs that includes an annual <a>
1-16 schedule of transfers of trust fund money to the operating fund
1-17 <through 1996 to assure that there is no decline in the amount of
1-18 grant money available in 1997>;
1-19 (2) develop eligibility criteria for applicants for
1-20 grants to fund child abuse and neglect prevention programs;
1-21 (3) establish grant application procedures;
1-22 (4) establish funding priorities for child abuse and
1-23 neglect prevention programs;
1-24 (5) establish guidelines relating to grant amounts;
1-25 (6) establish guidelines to ensure fair distribution
1-26 of grants between rural and urban areas of the state;
1-27 (7) develop procedures for evaluating grant
1-28 applications;
1-29 (8) review grant proposals submitted to the council
1-30 and approve or deny those grants;
1-31 (9) monitor the expenditure of funds for child abuse
1-32 and neglect prevention programs;
1-33 (10) submit an annual report to the governor and the
1-34 legislature; and
1-35 (11) adopt rules and employ necessary staff to
1-36 implement this chapter.
1-37 (b) The council may:
1-38 (1) apply for and receive funds made available by the
1-39 federal or state government or by another public or private source,
1-40 which funds may be designated and expended for administrative
1-41 purposes and <or> for grants for child abuse and neglect prevention
1-42 programs, and which may be deposited in either the trust fund or
1-43 the operating fund, as appropriate; and
1-44 (2) solicit donations for child abuse prevention
1-45 programs.
1-46 SECTION 2. Section 74.005, Human Resources Code, is amended
1-47 to read as follows:
1-48 Sec. 74.005. Administrative AND OTHER Costs.
1-49 (a) Administrative costs during any fiscal year may not exceed an
1-50 amount equal to 50 percent of the interest credited to <10 percent
1-51 of the maximum amount of funds the council may transfer from> the
1-52 trust fund during the preceding <a> fiscal year <under Section
1-53 74.006(c) or under Section 74.007(b)>.
1-54 (b) Funds expended under a special project grant from a
1-55 nongovernmental source or a governmental source <designated> for
1-56 public education or public awareness may not be counted as
1-57 administrative costs for the purposes of this section.
1-58 SECTION 3. Section 74.006, Human Resources Code, is amended
1-59 by amending Subsection (c) and adding Subsection (d) to read as
1-60 follows:
1-61 (c) The council may transfer money contained in the trust
1-62 fund to the operating fund at any time. However, during a fiscal
1-63 year the council may not transfer more than the amount deposited to
1-64 the credit of the fund from any source, including interest and the
1-65 amount credited under Section 118.022, Local Government Code,
1-66 during the preceding <more than 50 percent of the money that was
1-67 contained in the trust fund on the first day of that> fiscal year.
1-68 Money <The money> transferred to the operating fund that was
2-1 originally deposited to the credit of the trust fund under Section
2-2 118.022, Local Government Code, <under this subsection> may be used
2-3 only for child abuse and neglect prevention programs. The council
2-4 may also transfer funds contained in the operating fund to the
2-5 trust fund at any time. <This subsection expires August 31, 1996.>
2-6 (d) Interest earned on money in the trust fund shall be
2-7 deposited to the credit of the trust fund.
2-8 SECTION 4. Section 74.007(b), Human Resources Code, is
2-9 amended to read as follows:
2-10 (b) <Beginning September 1, 1996, any interest earned on
2-11 funds deposited in the trust fund shall be deposited in the
2-12 operating fund.> Administrative and other costs allowed in Section
2-13 74.005 shall be taken from the operating fund. <Any interest
2-14 earned before September 1, 1996, shall remain in the trust fund.>
2-15 The council may also transfer funds contained in the operating fund
2-16 to the trust fund at any time.
2-17 SECTION 5. Section 74.010(b), Human Resources Code, is
2-18 amended to read as follows:
2-19 (b) The council shall award grants that continue for one
2-20 year. The council may renew a grant not more than two times unless
2-21 certain circumstances as determined by the council require an
2-22 extension of the period.
2-23 SECTION 6. This Act takes effect September 1, 1995.
2-24 SECTION 7. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
2-28 days in each house be suspended, and this rule is hereby suspended,
2-29 and that this Act take effect and be in force according to its
2-30 terms, and it is so enacted.
2-31 * * * * *