By Shapleigh S.B. No. 315
75R2451 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a state match pool to provide the local
1-3 share requirement for a program offering federal matching funds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Government Code, is amended by adding
1-6 Chapter 743 to read as follows:
1-7 CHAPTER 743. MATCHING FUNDS FOR POLITICAL SUBDIVISIONS
1-8 Sec. 743.001. STATE MATCH POOL. The state match pool is an
1-9 account in the general revenue fund that may be used only to
1-10 provide funds for the local share requirement of a program offering
1-11 federal matching funds. The pool is administered by the budget and
1-12 planning division of the governor's office.
1-13 Sec. 743.002. APPLICATION FOR MATCH POOL FUNDS. A political
1-14 subdivision, or a public or private entity in a political
1-15 subdivision, seeking funds for the local share requirement of a
1-16 program offering federal matching funds may make an application to
1-17 the budget and planning division for funds from the state match
1-18 pool. The application must be made on a form prescribed by the
1-19 division.
1-20 Sec. 743.003. CRITERIA FOR MATCH POOL FUNDS. (a) The
1-21 budget and planning division shall grant an application if the
1-22 applicant demonstrates:
1-23 (1) the applicant intends to provide services that
1-24 serve a public purpose;
2-1 (2) federal matching funds are available for the
2-2 services the applicant intends to provide; and
2-3 (3) the applicant qualifies for hardship status, as
2-4 defined by rules adopted by the division.
2-5 (b) The rules adopted must provide that an applicant has
2-6 hardship status if the applicant shows:
2-7 (1) a critical need for the funding and services the
2-8 applicant proposes to provide;
2-9 (2) the political subdivision in which the applicant
2-10 intends to provide services is exercising a significant tax effort;
2-11 and
2-12 (3) two or more of the following conditions apply,
2-13 relative to the state as a whole, to the political subdivision in
2-14 which the applicant intends to provide services:
2-15 (A) high unemployment;
2-16 (B) high poverty;
2-17 (C) low per capita income; or
2-18 (D) low per capita tax yield.
2-19 (c) The budget and planning division may grant any amount
2-20 from the state match pool up to the amount requested.
2-21 Sec. 743.004. CONDITIONS OF GRANT. The budget and planning
2-22 division shall condition the award of money under this chapter on:
2-23 (1) the performance of a specific activity by the
2-24 recipient that serves a public purpose;
2-25 (2) regular reports by the recipient to the division
2-26 on its expenditures of the money in a form prescribed by the
2-27 division;
3-1 (3) to the extent money awarded under this chapter is
3-2 involved, subjecting the transactions of the recipient to audit by
3-3 the state auditor in accordance with Chapter 321; and
3-4 (4) any other conditions the division by rule may
3-5 adopt to ensure the proper expenditure of money awarded under this
3-6 chapter for a specific public purpose.
3-7 Sec. 743.005. LIMITATIONS ON AWARDING GRANTS. During any
3-8 state fiscal year the budget and planning division may not grant an
3-9 award of funds under this chapter for more than two applications
3-10 for funds by any political subdivision. During any state fiscal
3-11 year the budget and planning division may not grant an award of
3-12 funds under this chapter for more than one application for funds by
3-13 any public or private entity other than a political subdivision.
3-14 SECTION 2. This Act takes effect September 1, 1997.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.