HBA-GUM C.S.H.B. 2871 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2871 By: Capelo Juvenile Justice & Family Issues 4/1/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Texas Juvenile Probation Commission (TJPC) has the statutory authority, under Section 141.086, Human Resources Code, to distribute 37.5 million dollars in general obligation bonds for the purpose of providing state aid to a county to acquire, construct, and equip postadjudication residential or day-treatment centers. This statute also delineates the specific parameters and requirements of the bond construction projects, the structure of the awards, and the role that TJPC plays. In 1997, the 75th Texas Legislature appropriated funds to TJPC to assist counties with startup and operational costs for the new bond facilities. In the four years since the enactment of Section 141.086, Human Resources Code, Subsections (g) through (k) have become vague, or are now in conflict. C.S.H.B. 2871 amends Section 141.086, Human Resources Code to specify that the operating costs of the facility under this section be reimbursed, rather than appropriated, by the commission, and that the annual audit of the operating costs under this section be for a fiscal year for which funds are appropriated unless the county in which the facility is located has conducted an annual audit. C.S.H.B. 2871 also deletes text requiring that a facility constructed under this section be operated entirely by the county using the facility on and after September 1, 1999. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 141.086 (g)-(k), Human Resources Code, as follows: (g) Deletes Subdivision (1). Adds language to specify that a percentage of the funds be reimbursed, rather than appropriated, by the commission. Deletes reference to the 1998 and 1999 fiscal year. Makes conforming changes. (h) Makes a conforming change. (i) Deletes existing Subsection (i) requiring that a facility constructed under this section be operated entirely by the county using the facility on and after September 1, 1999. Redesignates existing Subsection (j) to Subsection (i). Specifies that this subsection applies to each fiscal year for which funds are appropriated unless the county in which the facility is located has conducted an annual audit. Makes conforming changes. (j) Redesignates existing Subsection (k) to Subsection (j). SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2871 modifies the original in SECTION 1 by amending, rather than repealing, Sections 141.086(g)-(k), to delete out-of-date text concerning the maximum percentage of the budget of a post-adjudication facility for juveniles constructed under this section that may be appropriated. This substitute also specifies that not more than 25 percent of the operating costs of such a facility be reimbursed, rather than appropriated, by the commission, and that the annual audit of the operating costs under this section be for a fiscal year for which funds are appropriated unless the county in which the facility is located has conducted an annual audit. C.S.H.B. 2871 also deletes existing text requiring that a facility constructed under this section be operated entirely by the county using the facility on and after September 1, 1999.