SRC-DBM C.S.S.B. 351 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 351
76R832 KKA-DBy: Zaffirini
Human Services
2/24/1999
Committee Report (Substituted)


DIGEST 

This bill continues the Children's Trust Fund of  Texas Council as an
independent agency and provides a new Sunset date of September 1, 2007.  It
designates the Children's Trust Fund as a health and human services agency.
The bill also adds a number of across-the-board Sunset provisions relating
to board composition, equal employment policies and complaint procedures.
As a result of its review of the Children's Trust Fund  of Texas Council,
the Sunset Advisory Commission recommended continuation of the Children's
Trust  Fund of Texas Council and several statutory modifications. 

PURPOSE

As proposed, C.S.S.B. 351 provides for the continuation and function of the
Children's Trust Fund of Texas Council. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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" as the executive
director of the Children's Trust Fund of Texas Council.  Makes conforming
changes. 

Sec. 74.002.  ESTABLISHMENT OF COUNCIL.  Provides that the Children's Trust
Fund of Texas Council requires council appointment decisions to be made
without regard to race, color, disability, sex, religion, age, or national
origin.  Requires each council member to be a representative of the public.
Prohibits a person from being a member if the person's spouse: is employed
by or participates in the management of a business entity or other
organization receiving money from the council; owns or controls, directly
or indirectly, more than a 10 percent interest in a business entity or
other organization receiving money from the council; or uses or receives a
substantial amount of tangible goods, services, or money from the council
other than compensation or reimbursement authorized by law for council
membership, attendance, or expenses. Makes conforming changes.  

Sec. 74.0021.  REMOVAL OF COUNCIL MEMBER.  Sets forth grounds for removal
of a council member.  Provides that the validity of an action of the
council is not affected by the fact that it is taken when a ground for
removal of a council member exists.  Requires the executive director to
notify the presiding officer of the council of the potential ground for
removal if he or she is aware of the ground.  Requires the presiding
officer to subsequently notify the governor and the attorney general that a
potential ground for removal exists.  Requires the executive director to
notify the next highest ranking officer of  the council if there are
grounds for removing the presiding officer.  Requires the next highest
ranking officer to then notify the governor and attorney general. 

Sec. 74.0022.  COUNCIL MEMBER TRAINING.  Prohibits a council member from
voting, deliberating, or being counted as a member in attendance at a
council meeting until the person completes a training program.  Sets forth
the information required to be included in the training  program.  Provides
that a council member is entitled to reimbursement, as provided by the
General Appropriations Act, for training program travel expenses whether
the attendance occurs before or after the person qualifies for office. 

Sec. 74.003(a).  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 develop and implement
policies that provide the public with an opportunity to appear and speak on
any issue under the council's jurisdiction. 

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 of office of employment. 

Sec. 74.0032.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  Sets forth the equal
employment opportunity policy.  Sets forth the information required to be
included in the policy statement. 

Sec. 74.0033.  COMPLAINTS.  Requires the council to maintain a complaint
file.  Sets forth what must be included in the file and other requirements
regarding complaints. 

Sec. 74.011.  SUNSET PROVISION.  Changes the Children's Trust Fund of the
Texas council's expiration date from September 1, 1999 to September 1,
2007,  unless continued in existence as provided by Chapter 325, Government
Code. 

SECTION 2.  Amends Section 531.001(4), Government Code, to redefine "health
and human services agencies." 

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

SECTION 4.  Emergency clause.     

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 74.002, Human Resources Code, to prohibit a person from
being a member if the person's spouse:  is employed by or participates in
the management of a business entity or other organization receiving money
from the council; owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization receiving money
from the council; or uses or receives a substantial amount of tangible
goods, services, or money from the council other than compensation or
reimbursement authorized by law for council membership, attendance, or
expenses.