By:  Rosson                                            S.B. No. 537
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation of a state match pool to provide the local
    1-2  share requirement for a program offering federal matching funds.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Title 7, Government Code, is amended by adding
    1-5  Chapter 743 to read as follows:
    1-6        CHAPTER 743.  MATCHING FUNDS FOR POLITICAL SUBDIVISIONS
    1-7        Sec. 743.001.  STATE MATCH POOL.  The state match pool is an
    1-8  account in the general revenue fund that may be used only to
    1-9  provide funds for the local share requirement of a program offering
   1-10  federal matching funds.  The pool is administered by the budget and
   1-11  planning division of the governor's office.
   1-12        Sec. 743.002.  APPLICATION FOR MATCH POOL FUNDS.  A political
   1-13  subdivision, or a public or private entity in a political
   1-14  subdivision, seeking funds for the local share requirement of a
   1-15  program offering federal matching funds may make an application to
   1-16  the budget and planning division for funds from the state match
   1-17  pool.  The application must be made on a form prescribed by the
   1-18  division.
   1-19        Sec. 743.003.  CRITERIA FOR MATCH POOL FUNDS.  (a)  The
   1-20  budget and planning division shall grant an application if the
   1-21  applicant demonstrates:
   1-22              (1)  the applicant intends to provide services that
   1-23  serve a public purpose;
   1-24              (2)  federal matching funds are available for the
    2-1  services the applicant intends to provide; and
    2-2              (3)  the applicant qualifies for hardship status, as
    2-3  defined by rules adopted by the division.
    2-4        (b)  The rules adopted must provide that an applicant has
    2-5  hardship status if the applicant shows:
    2-6              (1)  a critical need for the funding and services the
    2-7  applicant proposes to provide;
    2-8              (2)  the political subdivision in which the applicant
    2-9  intends to provide services is exercising a significant tax effort;
   2-10  and
   2-11              (3)  two or more of the following conditions apply,
   2-12  relative to the state as a whole, to the political subdivision in
   2-13  which the applicant intends to provide services:
   2-14                    (A)  high unemployment;
   2-15                    (B)  high poverty;
   2-16                    (C)  low per capita income; or
   2-17                    (D)  low per capita tax yield.
   2-18        (c)  The budget and planning division may grant any amount
   2-19  from the state match pool up to the amount requested.
   2-20        Sec. 743.004.  CONDITIONS OF GRANT.  The budget and planning
   2-21  division shall condition the award of money under this chapter on:
   2-22              (1)  the performance of a specific activity by the
   2-23  recipient that serves a public purpose;
   2-24              (2)  regular reports by the recipient to the division
   2-25  on its expenditures of the money in a form prescribed by the
   2-26  division;
   2-27              (3)  to the extent money awarded under this chapter is
    3-1  involved, subjecting the transactions of the recipient to audit by
    3-2  the state auditor in accordance with Chapter 321; and
    3-3              (4)  any other conditions the division by rule may
    3-4  adopt to ensure the proper expenditure of money awarded under this
    3-5  chapter for a specific public purpose.
    3-6        Sec. 743.005.  LIMITATIONS ON AWARDING GRANTS.  During any
    3-7  state fiscal year the budget and planning division may not grant an
    3-8  award of funds under this chapter for more than two applications
    3-9  for funds by any political subdivision.  During any state fiscal
   3-10  year the budget and planning division may not grant an award of
   3-11  funds under this chapter for more than one application for funds by
   3-12  any public or private entity other than a political subdivision.
   3-13        SECTION 2.  This Act takes effect September 1, 1995.
   3-14        SECTION 3.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.