By Zaffirini                                           S.B. No. 351
         76R832 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Children's Trust
 1-3     Fund of Texas Council.
 1-5           SECTION 1.  Chapter 74, Human Resources Code, is amended by
 1-6     amending Sections 74.001, 74.002, 74.003, and 74.011 and by adding
 1-7     Sections 74.0021, 74.0022, 74.0031, 74.0032, and 74.0033 to read as
 1-8     follows:
 1-9           Sec. 74.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Council" means the Children's Trust Fund of Texas
1-11     Council.
1-12                 (2)  "Executive director" means the executive director
1-13     of the Children's Trust Fund of Texas Council.
1-14                 (3)  "Operating fund" means the Children's Trust Fund
1-15     of Texas Council operating fund.
1-16                 (4) [(3)]  "State agency" means a board, commission,
1-17     department, office, or other state agency that:
1-18                       (A)  is in the executive branch of state
1-19     government;
1-20                       (B)  was created by the constitution or a statute
1-21     of this state; and
1-22                       (C)  has statewide jurisdiction.
1-23                 (5) [(4)]  "Trust fund" means the children's trust
1-24     fund.
 2-1           Sec. 74.002.  ESTABLISHMENT OF COUNCIL.  (a)  The Children's
 2-2     Trust Fund of Texas Council is [established as] a state agency.
 2-3           (b)  The council is composed of nine persons appointed by the
 2-4     governor with the advice and consent of the senate.  An appointee
 2-5     must have demonstrated concern for child abuse and neglect.
 2-6     Appointments to the council shall be made without regard to the
 2-7     race, color, disability, sex, religion, age, or national origin of
 2-8     the appointees.
 2-9           (c)  Each member of the council must be a representative of
2-10     the general public.
2-11           (d)  The members serve staggered terms of six years with the
2-12     terms of three members expiring every odd-numbered year.  A person
2-13     who has served a full six-year term is not eligible for
2-14     reappointment to another consecutive six-year term.
2-15           (e) [(d)]  The governor shall designate a member as the
2-16     presiding officer.
2-17           (f) [(e)]  The council shall meet twice each year and at the
2-18     call of the presiding officer.
2-19           (g) [(f)]  Members of the council receive no compensation but
2-20     are entitled to reimbursement for actual and necessary expenses
2-21     incurred in performing their duties.
2-22           Sec. 74.0021.  REMOVAL OF COUNCIL MEMBER.  (a)  It is a
2-23     ground for removal from the council that a member:
2-24                 (1)  is ineligible for membership under Section 74.002;
2-25                 (2)  cannot, because of illness or disability,
2-26     discharge the member's duties for a substantial part of the
2-27     member's term; or
 3-1                 (3)  is absent from more than half of the regularly
 3-2     scheduled council meetings that the member is eligible to attend
 3-3     during a calendar year without an excuse approved by a majority
 3-4     vote of the council.
 3-5           (b)  The validity of an action of the council is not affected
 3-6     by the fact that it is taken when a ground for removal of a council
 3-7     member exists.
 3-8           (c)  If the executive director has knowledge that a potential
 3-9     ground for removal exists, the executive director shall notify the
3-10     presiding officer of the council of the potential ground.  The
3-11     presiding officer shall then notify the governor and the attorney
3-12     general that a potential ground for removal exists.  If the
3-13     potential ground for removal involves the presiding officer, the
3-14     executive director shall notify the next highest ranking officer of
3-15     the council, who shall then notify the governor and the attorney
3-16     general that a potential ground for removal exists.
3-17           Sec. 74.0022.  COUNCIL MEMBER TRAINING.  (a)  A person who is
3-18     appointed to and qualifies for office as a member of the council
3-19     may not vote, deliberate, or be counted as a member in attendance
3-20     at a meeting of the council until the person completes a  training
3-21     program that complies with this section.
3-22           (b)  The training program must provide the person with
3-23     information regarding:
3-24                 (1)  the legislation that created the council;
3-25                 (2)  the programs operated by the council;
3-26                 (3)  the role and functions of the council;
3-27                 (4)  the rules of the council with an emphasis on the
 4-1     rules that relate to disciplinary and investigatory authority;
 4-2                 (5)  the current budget for the council;
 4-3                 (6)  the results of the most recent formal audit of the
 4-4     council;
 4-5                 (7)  the requirements of:
 4-6                       (A)  the open meetings law, Chapter 551,
 4-7     Government Code;
 4-8                       (B)  the public information law, Chapter 552,
 4-9     Government Code;
4-10                       (C)  the administrative procedure law, Chapter
4-11     2001, Government Code; and
4-12                       (D)  other laws relating to public officials,
4-13     including conflict-of-interest laws; and
4-14                 (8)  any applicable ethics policies adopted by the
4-15     council or the Texas Ethics Commission.
4-16           (c)  A person appointed to the council is entitled to
4-17     reimbursement, as provided by the General Appropriations Act, for
4-18     the travel expenses incurred in attending the training program
4-19     regardless of whether the attendance at the program occurs before
4-20     or after the person qualifies for office.
4-21           Sec. 74.003.  POWERS AND DUTIES.  (a)  The council shall:
4-22                 (1)  develop a state plan for expending funds for child
4-23     abuse and neglect prevention programs that includes an annual
4-24     schedule of transfers of trust fund money to the operating fund;
4-25                 (2)  develop eligibility criteria for applicants for
4-26     grants to fund child abuse and neglect prevention programs;
4-27                 (3)  establish grant application procedures;
 5-1                 (4)  establish funding priorities for child abuse and
 5-2     neglect prevention programs;
 5-3                 (5)  establish guidelines relating to grant amounts;
 5-4                 (6)  establish guidelines to ensure fair distribution
 5-5     of grants between rural and urban areas of the state;
 5-6                 (7)  develop procedures for evaluating grant
 5-7     applications;
 5-8                 (8)  review grant proposals submitted to the council
 5-9     and approve or deny those grants;
5-10                 (9)  monitor the expenditure of funds for child abuse
5-11     and neglect prevention programs;
5-12                 (10)  submit an annual report to the governor and the
5-13     legislature; [and]
5-14                 (11)  adopt rules and employ an executive director and
5-15     other necessary staff to implement this chapter;
5-16                 (12)  develop and implement policies that clearly
5-17     separate the policymaking responsibilities of the council and the
5-18     management responsibilities of the executive director and the staff
5-19     of the council; and
5-20                 (13)  develop and implement policies that provide the
5-21     public with a reasonable opportunity to appear before the council
5-22     and to speak on any issue under the jurisdiction of the council.
5-23           (b)  The council may:
5-24                 (1)  apply for and receive funds made available by the
5-25     federal or state government or by another public or private source,
5-26     which funds may be designated and expended for administrative
5-27     purposes and for grants for child abuse and neglect prevention
 6-1     programs, and which may be deposited in either the trust fund or
 6-2     the operating fund, as appropriate; and
 6-3                 (2)  solicit donations for child abuse prevention
 6-4     programs.
 6-5           Sec. 74.0031.  STANDARDS OF CONDUCT.  The executive director
 6-6     or the executive director's designee shall provide to members of
 6-7     the council and to council employees, as often as necessary,
 6-8     information regarding the requirements for office or employment
 6-9     under this chapter, including information regarding a person's
6-10     responsibilities under applicable laws relating to standards of
6-11     conduct for state officers or employees.
6-12           Sec. 74.0032.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The
6-13     executive director or the executive director's designee shall
6-14     prepare and maintain a written policy statement that implements a
6-15     program of equal employment opportunity to ensure that all
6-16     personnel decisions are made without regard to race, color,
6-17     disability, sex, religion, age, or national origin.
6-18           (b)  The policy statement must include:
6-19                 (1)  personnel policies, including policies relating to
6-20     recruitment, evaluation, selection, training, and promotion of
6-21     personnel, that show the intent of the council to avoid the
6-22     unlawful employment practices described by Chapter 21, Labor Code;
6-23     and
6-24                 (2)  an analysis of the extent to which the composition
6-25     of the council's personnel is in accordance with state and federal
6-26     law and a description of reasonable methods to achieve compliance
6-27     with state and federal law.
 7-1           (c)  The policy statement must:
 7-2                 (1)  be updated annually;
 7-3                 (2)  be reviewed by the state Commission on Human
 7-4     Rights for compliance with Subsection (b)(1); and
 7-5                 (3)  be filed with the governor's office.
 7-6           Sec. 74.0033.  COMPLAINTS.  (a)  The council shall maintain a
 7-7     file on each written complaint filed with the council.  The file
 7-8     must include:
 7-9                 (1)  the name of the person who filed the complaint;
7-10                 (2)  the date the complaint is received by the council;
7-11                 (3)  the subject matter of the complaint;
7-12                 (4)  the name of each person contacted in relation to
7-13     the complaint;
7-14                 (5)  a summary of the results of the review or
7-15     investigation of the complaint; and
7-16                 (6)  an explanation of the reason the file was closed,
7-17     if the council closed the file without taking action other than to
7-18     investigate the complaint.
7-19           (b)  The council shall provide to the person filing the
7-20     complaint and to each person who is a subject of the complaint a
7-21     copy of the council's policies and procedures relating to complaint
7-22     investigation and resolution.
7-23           (c)  The council, at least quarterly and until final
7-24     disposition of the complaint, shall notify the person filing the
7-25     complaint and each person who is a subject of the complaint of the
7-26     status of the investigation unless the notice would jeopardize an
7-27     undercover investigation.
 8-1           Sec. 74.011.  SUNSET PROVISION.  The Children's Trust Fund of
 8-2     Texas Council is subject to Chapter 325, Government Code (Texas
 8-3     Sunset Act).  Unless continued in existence as provided by that
 8-4     chapter, the council is abolished and this chapter expires
 8-5     September 1, 2007 [1999].
 8-6           SECTION 2.  Section 531.001(4), Government Code, is amended
 8-7     to read as follows:
 8-8                 (4)  "Health and human services agencies" includes the:
 8-9                       (A)  Interagency Council on Early Childhood
8-10     Intervention Services;
8-11                       (B)  Texas Department on Aging;
8-12                       (C)  Texas Commission on Alcohol and Drug Abuse;
8-13                       (D)  Texas Commission for the Blind;
8-14                       (E)  Texas Commission for the Deaf and Hard of
8-15     Hearing;
8-16                       (F)  Texas Department of Health;
8-17                       (G)  Texas Department of Human Services;
8-18                       (H)  Texas Juvenile Probation Commission;
8-19                       (I)  Texas Department of Mental Health and Mental
8-20     Retardation;
8-21                       (J)  Texas Rehabilitation Commission; [and]
8-22                       (K)  Department of Protective and Regulatory
8-23     Services; and
8-24                       (L)  Children's Trust Fund of Texas Council.
8-25           SECTION 3.  (a)  This Act takes effect September 1, 1999.
8-26           (b)  The changes in law made by this Act in the
8-27     qualifications of, and the prohibitions applying to, members of the
 9-1     Children's Trust Fund of Texas Council do not affect the
 9-2     entitlement of a member serving on the council immediately before
 9-3     September 1, 1999, to continue to carry out the functions of the
 9-4     council for the remainder of the member's term.  The changes in law
 9-5     apply only to a member appointed on or after September 1, 1999.
 9-6     This Act does not prohibit a person who is a member of the council
 9-7     on September 1, 1999, from being reappointed to the council if the
 9-8     person has the qualifications required for a member under Chapter
 9-9     74, Human Resources Code, as amended by this Act, and is not
9-10     ineligible for reappointment under Section 74.002(d), Human
9-11     Resources Code, as amended by this Act.
9-12           SECTION 4.  The importance of this legislation and the
9-13     crowded condition of the calendars in both houses create an
9-14     emergency and an imperative public necessity that the
9-15     constitutional rule requiring bills to be read on three several
9-16     days in each house be suspended, and this rule is hereby suspended.