1-1     relating to the continuation and functions of the Children's Trust
 1-2     Fund of Texas Council.
 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