74R11435 E
By Gray H.B. No. 1399
Substitute the following for H.B. No. 1399:
By Price C.S.H.B. No. 1399
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Office of
1-3 State-Federal Relations and to assistance for acquiring federal
1-4 grants and other funds.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 751.003, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 751.003. Sunset Provision. The Office of State-Federal
1-9 Relations is subject to Chapter 325 (Texas Sunset Act). Unless
1-10 continued in existence as provided by that chapter, the office is
1-11 abolished and this chapter expires September 1, 2007 <1995>.
1-12 SECTION 2. Section 751.002, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 751.002. Office of State-Federal Relations. (a) The
1-15 Office of State-Federal Relations is an agency of the state and
1-16 operates within the executive department.
1-17 (b) The office is subject to the administrative procedure
1-18 law, Chapter 2001.
1-19 SECTION 3. Section 751.005, Government Code, is amended by
1-20 amending Subsection (b) and adding Subsection (d) to read as
1-21 follows:
1-22 (b) The director shall:
1-23 (1) help coordinate state and federal programs dealing
1-24 with the same subject;
2-1 (2) inform the governor and the legislature of federal
2-2 programs that may be carried out in the state or that affect state
2-3 programs;
2-4 (3) provide federal agencies and the United States
2-5 Congress with information about state policy and state conditions
2-6 on matters that concern the federal government;
2-7 (4) provide the legislature with information useful in
2-8 measuring the effect of federal actions on the state and local
2-9 programs; <and>
2-10 (5) prepare and supply to the governor and all members
2-11 of the legislature an annual report that:
2-12 (A) describes the office's operations;
2-13 (B) contains the office's priorities and
2-14 strategies for the following year;
2-15 (C) details projects and legislation pursued by
2-16 the office;
2-17 (D) discusses issues in the following
2-18 congressional session of interest to this state; and
2-19 (E) contains an analysis of federal funds
2-20 availability and formulae; and
2-21 (6) prepare annually a complete and detailed written
2-22 report accounting for all funds received and disbursed by the
2-23 office during the preceding fiscal year.
2-24 (d) The annual report required under Subsection (b)(6) must
2-25 meet the reporting requirements applicable to financial reporting
2-26 provided in the General Appropriations Act.
2-27 SECTION 4. Section 751.006, Government Code, is amended to
3-1 read as follows:
3-2 Sec. 751.006. STAFF; PERSONNEL POLICIES <CAREER LADDER
3-3 PROGRAM>. (a) The director may employ staff necessary to carry
3-4 out the director's powers and duties under this chapter. The
3-5 director or the director's designee shall provide to office
3-6 employees, as often as necessary, information regarding their
3-7 qualification for employment under this chapter and their
3-8 responsibilities under applicable laws relating to standards of
3-9 conduct for state employees.
3-10 (b) The director or the director's designee shall develop an
3-11 intraagency career ladder program that addresses opportunities for
3-12 mobility and advancement for employees within the office. The
3-13 program shall require <includes the> intraagency posting of all
3-14 <nonentry level> positions concurrently with <for at least 10 days
3-15 before the date of> any public posting.
3-16 (c) The director or the director's designee shall develop a
3-17 system of annual performance evaluations that are based on
3-18 documented employee performance. All <measurable job tasks and>
3-19 merit pay for office employees <staff> must be based on the <this>
3-20 system established under this subsection.
3-21 (d) The director or the director's designee shall prepare
3-22 and maintain a written policy statement to assure implementation of
3-23 a program of equal employment opportunity under which all personnel
3-24 transactions are made without regard to race, color, disability,
3-25 sex, religion, age, or national origin. The policy statement must
3-26 include:
3-27 (1) personnel policies, including policies relating to
4-1 recruitment, evaluation, selection, appointment, training, and
4-2 promotion of personnel that are in compliance with the requirements
4-3 of Chapter 21, Labor Code;
4-4 (2) a comprehensive analysis of the office workforce
4-5 that meets federal and state guidelines;
4-6 (3) procedures by which a determination can be made
4-7 about the extent of underuse in the office workforce of all persons
4-8 for whom federal or state guidelines encourage a more equitable
4-9 balance; and
4-10 (4) reasonable methods to appropriately address those
4-11 areas of underuse.
4-12 (e) A policy statement prepared under Subsection (d) must
4-13 cover an annual period, be updated annually and reviewed by the
4-14 Texas Commission on Human Rights for compliance with Subsection
4-15 (d)(1), and be filed with the governor's office.
4-16 (f) The governor's office shall deliver a biennial report to
4-17 the legislature based on the information received under Subsection
4-18 (e). The report may be made separately or as a part of other
4-19 biennial reports made to the legislature.
4-20 (g) The director and the staff of the office working in
4-21 Washington, D.C., may receive the same cost-of-living salary
4-22 adjustment as is established for an employee of another state
4-23 agency under Section 751.012(d).
4-24 SECTION 5. Section 751.008, Government Code, is amended to
4-25 read as follows:
4-26 Sec. 751.008. Public Information and Complaints. (a) The
4-27 director shall:
5-1 (1) prepare information of public interest describing
5-2 the <director's> functions of the office and the procedures by
5-3 which complaints are filed with and resolved by the office and
5-4 <director;>
5-5 <(2)> make the information available to the public and
5-6 appropriate state agencies; and
5-7 (2) establish methods by which consumers and service
5-8 recipients are notified of the name, mailing address, and a
5-9 telephone number of the office for the purpose of directing
5-10 complaints to the office
5-11 <(3) maintain an information file on each complaint
5-12 filed relating to an office activity>.
5-13 (b) The office shall keep information about each complaint
5-14 filed with the office. The information shall include:
5-15 (1) the date the complaint is received;
5-16 (2) the name of the complainant;
5-17 (3) the subject matter of the complaint;
5-18 (4) a record of all persons contacted in relation to
5-19 the complaint;
5-20 (5) a summary of the results of the review or
5-21 investigation of the complaint; and
5-22 (6) for complaints for which the office took no
5-23 action, an explanation of the reason the complaint was closed
5-24 without action.
5-25 (c) The office shall keep a file about each written
5-26 complaint filed with the office that the office has authority to
5-27 resolve. The office shall provide to the person filing the
6-1 complaint and the persons or entities complained about the office's
6-2 policies and procedures pertaining to complaint investigation and
6-3 resolution. The office <If a written complaint relating to an
6-4 office activity is filed with the director, the director>, at least
6-5 quarterly and until final disposition of the complaint, shall
6-6 notify the person filing the complaint and the persons or entities
6-7 complained about <parties to the complaint> of the status of the
6-8 complaint unless the notice would jeopardize an undercover
6-9 investigation.
6-10 SECTION 6. Section 751.010, Government Code, is amended by
6-11 amending Subsections (c) and (e) and adding Subsection (f) to read
6-12 as follows:
6-13 (c) The board, by majority vote, shall select a presiding
6-14 officer <chairman> of the board.
6-15 (e) The board shall meet before the beginning of each
6-16 congressional session and at the call of the presiding officer
6-17 <chairman>.
6-18 (f) The board shall work with the director to hold periodic
6-19 meetings in the city of Austin at times determined by the presiding
6-20 officer to discuss upcoming federal activities and issues with
6-21 state agency representatives.
6-22 SECTION 7. Section 751.011, Government Code, is amended to
6-23 read as follows:
6-24 Sec. 751.011. Board Duties. (a) The board shall review the
6-25 office's priorities and strategies set forth in the annual report
6-26 and deliver to the director any suggested modifications.
6-27 (b) The board shall review any interagency contract under
7-1 Section 751.012 and shall approve a contract only if the contract
7-2 meets the requirements of that section.
7-3 SECTION 8. Section 751.012, Government Code, is amended to
7-4 read as follows:
7-5 Sec. 751.012. Interagency Contracts. (a) The office may
7-6 enter into interagency contracts with other state agencies to
7-7 locate staff of the other state agency in Washington, D.C., to work
7-8 under the <office's> supervision of the director and shall
7-9 coordinate activities conducted on behalf of the other agency with
7-10 those of the office.
7-11 (b) The office shall enter into a contract described by
7-12 Subsection (a) with the Legislative Budget Board.
7-13 (c) A contract under this section must include provisions
7-14 under which staff of the other state agency:
7-15 (1) report directly to that agency's administrative
7-16 head or the presiding officer of that agency's governing body;
7-17 (2) have an officially recognized role in that
7-18 agency's budget planning process;
7-19 (3) provide periodic updates of activities at meetings
7-20 of that agency's governing body; and
7-21 (4) receive a salary established under Subsection (d).
7-22 (d) The state auditor shall establish a salary schedule for
7-23 state employees subject to a contract under this section. The
7-24 schedule shall:
7-25 (1) be based on specifications for expertise and
7-26 experience in state-federal relations; and
7-27 (2) include a standard cost-of-living adjustment to
8-1 compensate an employee for the cost of living in Washington, D.C.
8-2 (e) A state agency identified by the Legislative Budget
8-3 Board as receiving significant federal funding or significantly
8-4 affected by federal policy decisions, other than a state agency
8-5 that is headed by a statewide-elected official, shall:
8-6 (1) develop a plan of state-federal coordination;
8-7 (2) study the benefits of entering a contract under
8-8 Subsection (a); and
8-9 (3) submit the coordination plan and study to the
8-10 office and to the Legislative Budget Board.
8-11 (f) The Health and Human Services Commission shall satisfy
8-12 the requirements of Subsection (e) for all health and human
8-13 services agencies listed in Section 19, Article 4413(502), Revised
8-14 Statutes.
8-15 SECTION 9. Subchapter A, Chapter 751, Government Code, is
8-16 amended by adding Section 751.013 to read as follows:
8-17 Sec. 751.013. PROGRAM AND FACILITY ACCESSIBILITY. The
8-18 office shall comply with federal and state laws related to program
8-19 and facility accessibility. The director shall also prepare and
8-20 maintain a written plan that describes how a person who does not
8-21 speak English can be provided reasonable access to the office's
8-22 programs and services.
8-23 SECTION 10. Subchapter A, Chapter 751, Government Code, is
8-24 amended by adding Section 751.014 to read as follows:
8-25 Sec. 751.014. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
8-26 money paid to the office under this chapter is subject to
8-27 Subchapter F, Chapter 404.
9-1 SECTION 11. Section 751.021, Government Code, is amended to
9-2 read as follows:
9-3 Sec. 751.021. DEFINITION <DEFINITIONS>. In this subchapter
9-4 "federal formula funds" means only those funds coming to the state
9-5 based on federal funding formulas or as otherwise legislated by
9-6 congress, excluding those funds known as federal discretionary
9-7 grant funds<:>
9-8 <(1) "Earned federal funds" means funds that are
9-9 received or earned in connection with a federally funded program
9-10 but that are not required by the governing agreement to be
9-11 disbursed on that program. The term includes indirect cost
9-12 receipts and interest earned on advances of federal funds.>
9-13 <(2) "Federal funds" means all assistance provided or
9-14 potentially available to state agencies from the federal government
9-15 in the form of grants, contracts, loans, loan guarantees, property,
9-16 cooperative agreements, interest subsidies, insurance, direct
9-17 appropriations, or any other method of disbursement.>
9-18 <(3) "Indirect costs" means costs, as defined by
9-19 Federal Management Circular A 87 or subsequent revisions of that
9-20 circular, that are incurred by state agencies in support of
9-21 federally funded programs and that are eligible for reimbursement
9-22 from the federal government.>
9-23 <(4) "Local governmental entity" means a county,
9-24 municipality, special purpose district, including a school
9-25 district, or any other political subdivision of this state.>
9-26 <(5) "State funds" means all assistance provided or
9-27 potentially available to state agencies from the state government
10-1 in the form of grants, contracts, loans, loan guarantees, property,
10-2 cooperative agreements, interest subsidies, insurance, direct
10-3 appropriations, or any other method of disbursement>.
10-4 SECTION 12. Section 751.022, Government Code, is amended to
10-5 read as follows:
10-6 Sec. 751.022. POWERS AND DUTIES. (a) The office has
10-7 primary responsibility for monitoring, coordinating, and reporting
10-8 on the state's efforts to ensure receipt of an equitable share of
10-9 federal formula funds.
10-10 (b) The office shall:
10-11 (1) serve as the state's clearinghouse for information
10-12 on federal formula <and state> funds;
10-13 (2) prepare reports on federal funds and earned
10-14 federal formula funds;
10-15 (3) <monitor the federal register, the Texas Register,
10-16 and other federal or state publications to identify federal and
10-17 state funding opportunities, with special emphasis on discretionary
10-18 grants or other funding opportunities that the state is not
10-19 pursuing;>
10-20 <(4) develop procedures to formally notify appropriate
10-21 state and local agencies of the availability of federal funds and
10-22 coordinate the application process;>
10-23 <(5) periodically review the funding strategies and
10-24 methods of those states that rank significantly above the national
10-25 average in the per capita receipt of federal funds to determine
10-26 whether those strategies and methods could be successfully employed
10-27 by this state;>
11-1 <(6)> analyze proposed and pending federal and state
11-2 legislation to determine whether the legislation would have a
11-3 significant negative effect on the state's ability to receive an
11-4 equitable share of federal formula funds;
11-5 (4) <(7)> make recommendations for coordination
11-6 between state agencies and local governmental entities and between
11-7 state agencies; and
11-8 (5) <(8)> adopt rules under the rule-making procedures
11-9 of the administrative procedure law, Chapter 2001, Government Code
11-10 <Administrative Procedure and Texas Register Act (Article 6532 13a,
11-11 Vernon's Texas Civil Statutes)>, as necessary to carry out the
11-12 responsibilities assigned by this subchapter.
11-13 (c) The office shall annually prepare a comprehensive report
11-14 to the legislature on the effectiveness of the state's efforts to
11-15 ensure a receipt of an equitable share of federal formula funds for
11-16 the preceding federal fiscal year. The report must include:
11-17 (1) an executive summary that provides an overview of
11-18 the major findings and recommendations included in the report;
11-19 (2) a comparative analysis of the state's receipt of
11-20 federal formula funds relative to other states, prepared using the
11-21 best available sources of data;
11-22 (3) an analysis of federal formula funding trends that
11-23 may have a significant effect on resources available to the state;
11-24 <(4) a description of any instances in which the state
11-25 or a state agency has not pursued available opportunities to
11-26 receive federal funds or earned federal funds and the reason for
11-27 the failure to pursue the opportunity;> and
12-1 (4) <(5)> recommendations, developed in consultation
12-2 with the Legislative Budget Board, the Governor's Office of Budget
12-3 and Planning, and the comptroller, for any state legislative or
12-4 administrative action necessary to increase the state's receipt of
12-5 federal formula funds<, enhance the recovery of indirect costs, or
12-6 otherwise improve the state's management of federal funds or earned
12-7 federal funds>.
12-8 <(d) Each state agency shall designate an employee on the
12-9 management or senior staff level to serve as the agency's federal
12-10 funds coordinator. An agency may not create a staff position for a
12-11 federal funds coordinator. The coordinator's duties are additional
12-12 duties of an employee of the agency. Each federal funds
12-13 coordinator shall:>
12-14 <(1) oversee and coordinate the agency's efforts in
12-15 acquiring federal funds;>
12-16 <(2) send the office a quarterly report listing the
12-17 grants for which the agency has applied and listing the catalogue
12-18 of federal domestic assistance number and giving a short
12-19 description of the grant; and>
12-20 <(3) notify the office of the award or denial of a
12-21 federal grant to the agency.>
12-22 <(e) Each state agency or institution shall file an annual
12-23 report with the office concerning the agency's efforts in acquiring
12-24 available federal funds during the preceding state fiscal year.
12-25 The office shall establish guidelines for information included in
12-26 the annual report required by this section. The office shall
12-27 evaluate the effectiveness of each agency in acquiring federal
13-1 funds and shall evaluate the effectiveness of each agency in
13-2 acquiring federal funds and shall report to the governor and the
13-3 Legislative Budget Board.>
13-4 <(f) If the governor or Legislative Budget Board, after
13-5 reviewing the reports under Subdivision (e), determines that any
13-6 agency's efforts were unsatisfactory, either entity may, without a
13-7 finding of an existing emergency, take action under Chapter 317 to
13-8 affect the agency's appropriation.>
13-9 SECTION 13. Subchapter B, Chapter 751, Government Code, is
13-10 amended by adding Section 751.023 to read as follows:
13-11 Sec. 751.023. AGENCY COMMUNICATIONS. A state agency shall,
13-12 to the extent practicable, contact the office before the agency
13-13 provides information to a federal agency or to the United States
13-14 Congress about state policy or conditions. This section does not
13-15 apply to a state agency that is headed by a statewide-elected
13-16 official.
13-17 SECTION 14. Subchapter B, Chapter 751, Government Code, is
13-18 amended by adding Section 751.024 to read as follows:
13-19 Sec. 751.024. REPORTS TO LEGISLATIVE BUDGET BOARD. (a)
13-20 Each agency and each institution of higher education shall report
13-21 to the Legislative Budget Board:
13-22 (1) each application or request made to the United
13-23 States government for grant funds;
13-24 (2) the award or designation, by the United States
13-25 government, of any funds for expenditure by a state agency; and
13-26 (3) waivers of grant requirements.
13-27 (b) In consultation with the director, the Legislative
14-1 Budget Board may develop reporting procedures and time schedules
14-2 necessary to implement Subsection (a).
14-3 (c) In prescribing a report form under Subsection (b), the
14-4 Legislative Budget Board shall consult with the director.
14-5 SECTION 15. Chapter 772, Government Code, is amended by
14-6 adding Section 772.009 to read as follows:
14-7 Sec. 772.009. GRANT ASSISTANCE. (a) The director of the
14-8 Governor's Office of Budget and Planning shall establish a state
14-9 grant writing team. The grant writing team shall:
14-10 (1) develop a plan for increased state access to
14-11 available federal funds;
14-12 (2) coordinate with state agencies to develop a plan
14-13 for the use of federal grant funds;
14-14 (3) monitor the federal register, the Texas Register,
14-15 and other federal or state publications to identify federal and
14-16 state funding opportunities, with special emphasis on discretionary
14-17 grants or other funding opportunities that the state is not
14-18 pursuing;
14-19 (4) develop procedures to formally notify appropriate
14-20 state and local agencies of the availability of discretionary
14-21 federal funds and coordinate the application process; and
14-22 (5) periodically review the funding strategies and
14-23 methods of those states that rank significantly above the national
14-24 average in the per capita receipt of federal funds to determine
14-25 whether those strategies and methods could be successfully employed
14-26 by this state.
14-27 (b) The grant writing team may:
15-1 (1) establish a clearinghouse of information relating
15-2 to the availability of state, federal, and private grants;
15-3 (2) establish an automated information system database
15-4 for grant information and make it available for use by state
15-5 agencies and political subdivisions;
15-6 (3) provide counseling to state agencies, political
15-7 subdivisions of the state, nonprofit charitable institutions,
15-8 educational institutions, and residents of the state concerning the
15-9 availability and means of obtaining state, federal, and private
15-10 grants;
15-11 (4) provide grant writing assistance and training to
15-12 state agencies, political subdivisions of the state, individuals,
15-13 and other entities either directly or through interagency
15-14 contracts, cooperative agreements, or contracts with third-party
15-15 providers;
15-16 (5) publicize the services and activities of the grant
15-17 writing team through chambers of commerce, councils of government,
15-18 department newsletters, local governments, state agencies,
15-19 institutions of higher education, business organizations, private
15-20 philanthropic organizations, and other appropriate entities and
15-21 methods;
15-22 (6) establish and maintain a database of state
15-23 agencies designated under state and federal law to receive federal
15-24 categorical and block grant funds; and
15-25 (7) analyze the criteria for grants for which state
15-26 agencies are denied access because of state law or rules or agency
15-27 organization and suggest changes in agency rules or organization
16-1 that would increase the probability of the agency's receiving
16-2 federal or other grants.
16-3 (c) When appropriate, the grant writing team shall charge
16-4 and collect fees from a person who uses the grant writing team's
16-5 services. The fee shall be set in an amount necessary to cover all
16-6 or a part of the costs of the services.
16-7 (d) The grant writing team shall monitor and identify
16-8 federal grants that are available to state and local criminal
16-9 justice agencies and assist the agencies in applying for and
16-10 obtaining those grants.
16-11 (e) The grant writing team may initiate negotiations for and
16-12 enter into a memorandum of understanding with other state agencies
16-13 to cooperate with the grant writing team in providing:
16-14 (1) information on federal and state funding
16-15 opportunities;
16-16 (2) technical assistance; or
16-17 (3) assistance in writing grant proposals for
16-18 political subdivisions of the state, nonprofit charitable
16-19 institutions, educational institutions, and residents of the state.
16-20 (f) Each state agency shall designate an employee on the
16-21 management or senior staff level to serve as the agency's federal
16-22 funds coordinator. An agency may not create a staff position for a
16-23 federal funds coordinator. The coordinator's duties are additional
16-24 duties of an employee of the agency. Each federal funds
16-25 coordinator shall:
16-26 (1) oversee and coordinate the agency's efforts in
16-27 acquiring discretionary federal funds;
17-1 (2) send the grant writing team a quarterly report
17-2 listing the grants for which the agency has applied and the
17-3 catalogue of federal domestic assistance number and giving a short
17-4 description of the grant; and
17-5 (3) notify the grant writing team of an award or
17-6 denial of a federal grant to the agency.
17-7 (g) Each state agency or institution shall file an annual
17-8 report with the grant writing team concerning the agency's efforts
17-9 in acquiring available discretionary federal funds during the
17-10 preceding state fiscal year. The grant writing team shall
17-11 establish guidelines for information included in the annual report
17-12 required by this section. The grant writing team shall evaluate
17-13 the effectiveness of each agency in acquiring discretionary federal
17-14 funds and shall report the evaluation to the governor and the
17-15 Legislative Budget Board.
17-16 (h) After reviewing the reports under Subsection (e), if the
17-17 governor or Legislative Budget Board determines that an agency's
17-18 efforts were unsatisfactory, either entity may, without a finding
17-19 of an existing emergency, take action under Chapter 317 to affect
17-20 the agency's appropriation.
17-21 (i) In this section:
17-22 (1) "Earned federal funds" means funds that are
17-23 received or earned in connection with a federally funded program
17-24 but that are not required by the governing agreement to be
17-25 distributed on that program. The term includes indirect cost
17-26 receipts and interest earned on advances of federal funds.
17-27 (2) "Federal funds" means all assistance provided or
18-1 potentially available to state agencies from the federal government
18-2 in the form of grants, contracts, loans, loan guarantees, property,
18-3 cooperative agreements, interest subsidies, insurance, direct
18-4 appropriations, or any other method of disbursement.
18-5 (3) "Indirect costs" means costs, as defined by
18-6 Federal Management Circular A-87 or subsequent revisions of that
18-7 circular, that are incurred by state agencies in support of
18-8 federally funded programs and that are eligible for reimbursement
18-9 from the federal government.
18-10 (4) "Local governmental entity" means a county,
18-11 municipality, special purpose district, including a school
18-12 district, or any other political subdivision of this state.
18-13 SECTION 16. The Office of State-Federal Relations shall
18-14 enter into a contract with the Legislative Budget Board, as
18-15 required by Section 751.012(b), Government Code, as added by this
18-16 Act, by January 1, 1996.
18-17 SECTION 17. Subchapter C, Chapter 751, Government Code, is
18-18 repealed.
18-19 SECTION 18. (a) As soon as practicable after the effective
18-20 date of this Act, the Office of State-Federal Relations shall
18-21 transfer to the Governor's Office of Budget and Planning all
18-22 records in the office's possession that relate to the
18-23 administration of Subchapter C, Chapter 751, Government Code.
18-24 (b) On the effective date of this Act, the Governor's Office
18-25 of Budget and Planning assumes the outstanding obligations of the
18-26 Office of State-Federal Relations with respect to any existing
18-27 contracts entered into by the office before the effective date of
19-1 this Act under Subchapter C, Chapter 751, Government Code.
19-2 SECTION 19. This Act takes effect September 1, 1995.
19-3 SECTION 20. The importance of this legislation and the
19-4 crowded condition of the calendars in both houses create an
19-5 emergency and an imperative public necessity that the
19-6 constitutional rule requiring bills to be read on three several
19-7 days in each house be suspended, and this rule is hereby suspended.