AN ACT
1-1 relating to the continuation and functions of the Children's Trust
1-2 Fund of Texas Council.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 74, Human Resources Code, is amended by
1-5 amending Sections 74.001, 74.002, 74.003, and 74.011 and adding
1-6 Sections 74.0021, 74.0022, 74.0031, 74.0032, and 74.0033 to read as
1-7 follows:
1-8 Sec. 74.001. DEFINITIONS. In this chapter:
1-9 (1) "Council" means the Children's Trust Fund of Texas
1-10 Council.
1-11 (2) "Executive director" means the executive director
1-12 of the Children's Trust Fund of Texas Council.
1-13 (3) "Operating fund" means the Children's Trust Fund
1-14 of Texas Council operating fund.
1-15 (4) [(3)] "State agency" means a board, commission,
1-16 department, office, or other state agency that:
1-17 (A) is in the executive branch of state
1-18 government;
1-19 (B) was created by the constitution or a statute
1-20 of this state; and
1-21 (C) has statewide jurisdiction.
1-22 (5) [(4)] "Trust fund" means the children's trust
1-23 fund.
1-24 Sec. 74.002. ESTABLISHMENT OF COUNCIL. (a) The Children's
2-1 Trust Fund of Texas Council is [established as] a state agency.
2-2 (b) The council is composed of nine persons appointed by the
2-3 governor with the advice and consent of the senate. An appointee
2-4 must have demonstrated concern for child abuse and neglect.
2-5 Appointments to the council shall be made without regard to the
2-6 race, color, disability, sex, religion, age, or national origin of
2-7 the appointees.
2-8 (c) Each member of the council must be a representative of
2-9 the general public. A person may not be a member if the person or
2-10 the person's spouse:
2-11 (1) is employed by or participates in the management
2-12 of a business entity or other organization receiving money from the
2-13 council;
2-14 (2) owns or controls, directly or indirectly, more
2-15 than a 10 percent interest in a business entity or other
2-16 organization receiving money from the council; or
2-17 (3) uses or receives a substantial amount of tangible
2-18 goods, services, or money from the council other than compensation
2-19 or reimbursement authorized by law for council membership,
2-20 attendance, or expenses.
2-21 (d) The members serve staggered terms of six years with the
2-22 terms of three members expiring every odd-numbered year. A person
2-23 who has served a full six-year term is not eligible for
2-24 reappointment to another consecutive six-year term.
2-25 (e) [(d)] The governor shall designate a member as the
2-26 presiding officer.
3-1 (f) [(e)] The council shall meet twice each year and at the
3-2 call of the presiding officer.
3-3 (g) [(f)] Members of the council receive no compensation but
3-4 are entitled to reimbursement for actual and necessary expenses
3-5 incurred in performing their duties.
3-6 Sec. 74.0021. REMOVAL OF COUNCIL MEMBER. (a) It is a
3-7 ground for removal from the council that a member:
3-8 (1) is ineligible for membership under Section 74.002;
3-9 (2) cannot, because of illness or disability,
3-10 discharge the member's duties for a substantial part of the
3-11 member's term; or
3-12 (3) is absent from more than half of the regularly
3-13 scheduled council meetings that the member is eligible to attend
3-14 during a calendar year without an excuse approved by a majority
3-15 vote of the council.
3-16 (b) The validity of an action of the council is not affected
3-17 by the fact that it is taken when a ground for removal of a council
3-18 member exists.
3-19 (c) If the executive director has knowledge that a potential
3-20 ground for removal exists, the executive director shall notify the
3-21 presiding officer of the council of the potential ground. The
3-22 presiding officer shall then notify the governor and the attorney
3-23 general that a potential ground for removal exists. If the
3-24 potential ground for removal involves the presiding officer, the
3-25 executive director shall notify the next highest ranking officer of
3-26 the council, who shall then notify the governor and the attorney
4-1 general that a potential ground for removal exists.
4-2 Sec. 74.0022. COUNCIL MEMBER TRAINING. (a) A person who is
4-3 appointed to and qualifies for office as a member of the council
4-4 may not vote, deliberate, or be counted as a member in attendance
4-5 at a meeting of the council until the person completes a training
4-6 program that complies with this section.
4-7 (b) The training program must provide the person with
4-8 information regarding:
4-9 (1) the legislation that created the council;
4-10 (2) the programs operated by the council;
4-11 (3) the role and functions of the council;
4-12 (4) the rules of the council with an emphasis on the
4-13 rules that relate to disciplinary and investigatory authority;
4-14 (5) the current budget for the council;
4-15 (6) the results of the most recent formal audit of the
4-16 council;
4-17 (7) the requirements of:
4-18 (A) the open meetings law, Chapter 551,
4-19 Government Code;
4-20 (B) the public information law, Chapter 552,
4-21 Government Code;
4-22 (C) the administrative procedure law, Chapter
4-23 2001, Government Code; and
4-24 (D) other laws relating to public officials,
4-25 including conflict-of-interest laws; and
4-26 (8) any applicable ethics policies adopted by the
5-1 council or the Texas Ethics Commission.
5-2 (c) A person appointed to the council is entitled to
5-3 reimbursement, as provided by the General Appropriations Act, for
5-4 the travel expenses incurred in attending the training program
5-5 regardless of whether the attendance at the program occurs before
5-6 or after the person qualifies for office.
5-7 Sec. 74.003. POWERS AND DUTIES. (a) The council shall:
5-8 (1) develop a state plan for expending funds for child
5-9 abuse and neglect prevention programs that includes an annual
5-10 schedule of transfers of trust fund money to the operating fund;
5-11 (2) develop eligibility criteria for applicants for
5-12 grants to fund child abuse and neglect prevention programs;
5-13 (3) establish grant application procedures;
5-14 (4) establish funding priorities for child abuse and
5-15 neglect prevention programs;
5-16 (5) establish guidelines relating to grant amounts;
5-17 (6) establish guidelines to ensure fair distribution
5-18 of grants between rural and urban areas of the state;
5-19 (7) develop procedures for evaluating grant
5-20 applications;
5-21 (8) review grant proposals submitted to the council
5-22 and approve or deny those grants;
5-23 (9) monitor the expenditure of funds for child abuse
5-24 and neglect prevention programs;
5-25 (10) submit an annual report to the governor and the
5-26 legislature; [and]
6-1 (11) adopt rules and employ an executive director and
6-2 other necessary staff to implement this chapter;
6-3 (12) develop and implement policies that clearly
6-4 separate the policymaking responsibilities of the council and the
6-5 management responsibilities of the executive director and the staff
6-6 of the council; and
6-7 (13) develop and implement policies that provide the
6-8 public with a reasonable opportunity to appear before the council
6-9 and to speak on any issue under the jurisdiction of the council.
6-10 (b) The council may:
6-11 (1) apply for and receive funds made available by the
6-12 federal or state government or by another public or private source,
6-13 which funds may be designated and expended for administrative
6-14 purposes and for grants for child abuse and neglect prevention
6-15 programs, and which may be deposited in either the trust fund or
6-16 the operating fund, as appropriate; and
6-17 (2) solicit donations for child abuse prevention
6-18 programs.
6-19 Sec. 74.0031. STANDARDS OF CONDUCT. The executive director
6-20 or the executive director's designee shall provide to members of
6-21 the council and to council employees, as often as necessary,
6-22 information regarding the requirements for office or employment
6-23 under this chapter, including information regarding a person's
6-24 responsibilities under applicable laws relating to standards of
6-25 conduct for state officers or employees.
6-26 Sec. 74.0032. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
7-1 executive director or the executive director's designee shall
7-2 prepare and maintain a written policy statement that implements a
7-3 program of equal employment opportunity to ensure that all
7-4 personnel decisions are made without regard to race, color,
7-5 disability, sex, religion, age, or national origin.
7-6 (b) The policy statement must include:
7-7 (1) personnel policies, including policies relating to
7-8 recruitment, evaluation, selection, training, and promotion of
7-9 personnel, that show the intent of the council to avoid the
7-10 unlawful employment practices described by Chapter 21, Labor Code;
7-11 and
7-12 (2) an analysis of the extent to which the composition
7-13 of the council's personnel is in accordance with state and federal
7-14 law and a description of reasonable methods to achieve compliance
7-15 with state and federal law.
7-16 (c) The policy statement must:
7-17 (1) be updated annually;
7-18 (2) be reviewed by the state Commission on Human
7-19 Rights for compliance with Subsection (b)(1); and
7-20 (3) be filed with the governor's office.
7-21 Sec. 74.0033. COMPLAINTS. (a) The council shall maintain a
7-22 file on each written complaint filed with the council. The file
7-23 must include:
7-24 (1) the name of the person who filed the complaint;
7-25 (2) the date the complaint is received by the council;
7-26 (3) the subject matter of the complaint;
8-1 (4) the name of each person contacted in relation to
8-2 the complaint;
8-3 (5) a summary of the results of the review or
8-4 investigation of the complaint; and
8-5 (6) an explanation of the reason the file was closed,
8-6 if the council closed the file without taking action other than to
8-7 investigate the complaint.
8-8 (b) The council shall provide to the person filing the
8-9 complaint and to each person who is a subject of the complaint a
8-10 copy of the council's policies and procedures relating to complaint
8-11 investigation and resolution.
8-12 (c) The council, at least quarterly and until final
8-13 disposition of the complaint, shall notify the person filing the
8-14 complaint and each person who is a subject of the complaint of the
8-15 status of the investigation unless the notice would jeopardize an
8-16 undercover investigation.
8-17 Sec. 74.011. SUNSET PROVISION. The Children's Trust Fund of
8-18 Texas Council is subject to Chapter 325, Government Code (Texas
8-19 Sunset Act). Unless continued in existence as provided by that
8-20 chapter, the council is abolished and this chapter expires
8-21 September 1, 2011 [1999].
8-22 SECTION 2. Subdivision (4), Section 531.001, Government
8-23 Code, is amended to read as follows:
8-24 (4) "Health and human services agencies" includes the:
8-25 (A) Interagency Council on Early Childhood
8-26 Intervention Services;
9-1 (B) Texas Department on Aging;
9-2 (C) Texas Commission on Alcohol and Drug Abuse;
9-3 (D) Texas Commission for the Blind;
9-4 (E) Texas Commission for the Deaf and Hard of
9-5 Hearing;
9-6 (F) Texas Department of Health;
9-7 (G) Texas Department of Human Services;
9-8 (H) Texas Juvenile Probation Commission;
9-9 (I) Texas Department of Mental Health and Mental
9-10 Retardation;
9-11 (J) Texas Rehabilitation Commission; [and]
9-12 (K) Department of Protective and Regulatory
9-13 Services; and
9-14 (L) Children's Trust Fund of Texas Council.
9-15 SECTION 3. (a) This Act takes effect September 1, 1999.
9-16 (b) The changes in law made by this Act in the
9-17 qualifications of, and the prohibitions applying to, members of the
9-18 Children's Trust Fund of Texas Council do not affect the
9-19 entitlement of a member serving on the council immediately before
9-20 September 1, 1999, to continue to carry out the functions of the
9-21 council for the remainder of the member's term. The changes in law
9-22 apply only to a member appointed on or after September 1, 1999.
9-23 This Act does not prohibit a person who is a member of the council
9-24 on September 1, 1999, from being reappointed to the council if the
9-25 person has the qualifications required for a member under Chapter
9-26 74, Human Resources Code, as amended by this Act, and is not
10-1 ineligible for reappointment under Subsection (d), Section 74.002,
10-2 Human Resources Code, as amended by this Act.
10-3 SECTION 4. The importance of this legislation and the
10-4 crowded condition of the calendars in both houses create an
10-5 emergency and an imperative public necessity that the
10-6 constitutional rule requiring bills to be read on three several
10-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 351 passed the Senate on
March 2, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 351 passed the House on
April 8, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor