1-1 By: Rosson S.B. No. 537 1-2 (In the Senate - Filed Feburary 13, 1995; February 14, 1995, 1-3 read first time and referred to Committee on Finance; 1-4 April 11, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 8, Nays 0; April 11, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 537 By: Rosson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of a state match pool to provide the local 1-11 share requirement for a program offering federal matching funds. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Title 7, Government Code, is amended by adding 1-14 Chapter 743 to read as follows: 1-15 CHAPTER 743. MATCHING FUNDS FOR POLITICAL SUBDIVISIONS 1-16 Sec. 743.001. STATE MATCH POOL. The state match pool is an 1-17 account in the general revenue fund that may be used only to 1-18 provide funds for the local share requirement of a program offering 1-19 federal matching funds. The pool is administered by the budget and 1-20 planning division of the governor's office. 1-21 Sec. 743.002. APPLICATION FOR MATCH POOL FUNDS. A political 1-22 subdivision, or a public or private entity in a political 1-23 subdivision, seeking funds for the local share requirement of a 1-24 program offering federal matching funds may make an application to 1-25 the budget and planning division for funds from the state match 1-26 pool. The application must be made on a form prescribed by the 1-27 division. 1-28 Sec. 743.003. CRITERIA FOR MATCH POOL FUNDS. (a) The 1-29 budget and planning division shall grant an application if the 1-30 applicant demonstrates: 1-31 (1) the applicant intends to provide services that 1-32 serve a public purpose; 1-33 (2) federal matching funds are available for the 1-34 services the applicant intends to provide; and 1-35 (3) the applicant qualifies for hardship status, as 1-36 defined by rules adopted by the division. 1-37 (b) The rules adopted must provide that an applicant has 1-38 hardship status if the applicant shows: 1-39 (1) a critical need for the funding and services the 1-40 applicant proposes to provide; 1-41 (2) the political subdivision in which the applicant 1-42 intends to provide services is exercising a significant tax effort; 1-43 and 1-44 (3) two or more of the following conditions apply, 1-45 relative to the state as a whole, to the political subdivision in 1-46 which the applicant intends to provide services: 1-47 (A) high unemployment; 1-48 (B) high poverty; 1-49 (C) low per capita income; or 1-50 (D) low per capita tax yield. 1-51 (c) The budget and planning division may grant any amount 1-52 from the state match pool up to the amount requested. 1-53 Sec. 743.004. CONDITIONS OF GRANT. The budget and planning 1-54 division shall condition the award of money under this chapter on: 1-55 (1) the performance of a specific activity by the 1-56 recipient that serves a public purpose; 1-57 (2) regular reports by the recipient to the division 1-58 on its expenditures of the money in a form prescribed by the 1-59 division; 1-60 (3) to the extent money awarded under this chapter is 1-61 involved, subjecting the transactions of the recipient to audit by 1-62 the state auditor in accordance with Chapter 321; and 1-63 (4) any other conditions the division by rule may 1-64 adopt to ensure the proper expenditure of money awarded under this 1-65 chapter for a specific public purpose. 1-66 Sec. 743.005. LIMITATIONS ON AWARDING GRANTS. During any 1-67 state fiscal year the budget and planning division may not grant an 1-68 award of funds under this chapter for more than two applications 2-1 for funds by any political subdivision. During any state fiscal 2-2 year the budget and planning division may not grant an award of 2-3 funds under this chapter for more than one application for funds by 2-4 any public or private entity other than a political subdivision. 2-5 SECTION 2. This Act takes effect September 1, 1995. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended. 2-11 * * * * *