Office of House Bill AnalysisS.B. 351
By: Zaffirini
Human Services


Currently, the Children's Trust Fund of Texas Council (council) is set by
law to be abolished on September 1, 1999.  After reviewing the council, the
Sunset Advisory Commission (commission) recommended continuation of the
council and several statutory modifications.  S.B. 351 provides for the
continuation of the council until September 1, 2011, and designates the
council as a health and human services agency and adds a number of
across-the-board Sunset provisions relating to the council's composition,
equal employment policies, and complaint procedures. 


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 1.  Amends Chapter 74, Human Resources Code, by amending Sections
74.001, 74.002, 74.003, and 74.011 and by adding Sections 74.0021, 74.0022,
74.0031, 74.0032, and 74.0033, as follows: 

Sec. 74.001.  DEFINITIONS.  Defines "executive director." Redesignates
existing Subdivisions (2)-(4) to Subdivisions (3)-(5). 

Sec. 74.002.  ESTABLISHMENT OF COUNCIL.  (a)  Makes a nonsubstantive change.

(b) Requires the appointments to the Children's Trust Fund of Texas Council
(council) to be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees. 

(c)  Provides that each member of the council must be a representative of
the general public. Prohibits a person from council membership if the
person or the person's spouse meets any of the specified criteria described
by this subsection.   

(d)  Created from existing text.  

(e)-(g)  Redesignated from existing Subsections (d)-(f).

Sec. 74.0021.  REMOVAL OF COUNCIL MEMBER.  Sets forth grounds for removal
from the council. Provides that the validity of an action of the council is
not affected when a ground for removal exists.  Specifies procedures for
notification of the council's executive director, the governor, and the
attorney general if knowledge that a potential ground for removal exists.   

Sec. 74.0022.  COUNCIL MEMBER TRAINING.  Provides that members of the
council must complete training before assuming their duties.  Provides that
the training program must provide the person with information regarding the
creation of the council, programs operated by the council, the role and
functions of the council, and other statutory requirements and procedures.
Provides that a person appointed to the council is entitled to
reimbursement for  travel expenses incurred in attending the training

Sec. 74.003.  POWERS AND DUTIES.  Requires the council to adopt rules and
employ an executive director and other necessary staff.  Requires the
council to develop and implement policies separating the council's
policymaking responsibilities and the executive  director's and staff's
management responsibilities.  Requires the council to give the public
reasonable opportunity to appear before it regarding issues under the
jurisdiction of the council.  

Sec. 74.0031.  STANDARDS OF CONDUCT.  Requires the executive director or
the executive director's designee to provide council members and employees
with information regarding the requirements for office or employment under
this chapter. 

Sec. 74.0032.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  Sets forth equal
employment opportunity policy statement requirements relating to the
content and reporting of these analyses.   Provides that the policy
statement must be updated annually, be reviewed by the Commission on Human
Rights, and be filed with the governor's office. 

Sec. 74.0033.  COMPLAINTS.  Requires the council to maintain information on
written complaints filed with the council.  Requires the council to notify
the parties regarding the council's policies and procedures for complaint
investigation.  Requires the council to notify the parties regarding the
status of the complaint quarterly until disposition. 

Sec. 74.011.  SUNSET PROVISION.  Provides that the council is subject to
the Texas Sunset Act and provides that the council is abolished and this
chapter expires on September 1, 2011, rather than on September 1, 1999,
unless continued in existence.   

SECTION 2.  Amends Subdivision (4), Section 531.001, Government Code, to
redefine "health and human services agencies" to include the Children's
Trust Fund of Texas Council and makes nonsubstantive changes. 

SECTION 3.  (a)  Effective date: September 1, 1999.
                       (b)  Makes application of this Act prospective.

SECTION 4.  Emergency clause.