1-1     By:  Zaffirini                                         S.B. No. 351
 1-2           (In the Senate - Filed February 2, 1999; February 4, 1999,
 1-3     read first time and referred to Committee on Human Services;
 1-4     February 25, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     February 25, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 351                By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the continuation and functions of the Children's Trust
1-11     Fund of Texas Council.
1-13           SECTION 1.  Chapter 74, Human Resources Code, is amended by
1-14     amending Sections 74.001, 74.002, 74.003, and 74.011 and adding
1-15     Sections 74.0021, 74.0022, 74.0031, 74.0032, and 74.0033 to read as
1-16     follows:
1-17           Sec. 74.001.  DEFINITIONS.  In this chapter:
1-18                 (1)  "Council" means the Children's Trust Fund of Texas
1-19     Council.
1-20                 (2)  "Executive director" means the executive director
1-21     of the Children's Trust Fund of Texas Council.
1-22                 (3)  "Operating fund" means the Children's Trust Fund
1-23     of Texas Council operating fund.
1-24                 (4) [(3)]  "State agency" means a board, commission,
1-25     department, office, or other state agency that:
1-26                       (A)  is in the executive branch of state
1-27     government;
1-28                       (B)  was created by the constitution or a statute
1-29     of this state; and
1-30                       (C)  has statewide jurisdiction.
1-31                 (5) [(4)]  "Trust fund" means the children's trust
1-32     fund.
1-33           Sec. 74.002.  ESTABLISHMENT OF COUNCIL.  (a)  The Children's
1-34     Trust Fund of Texas Council is [established as] a state agency.
1-35           (b)  The council is composed of nine persons appointed by the
1-36     governor with the advice and consent of the senate.  An appointee
1-37     must have demonstrated concern for child abuse and neglect.
1-38     Appointments to the council shall be made without regard to the
1-39     race, color, disability, sex, religion, age, or national origin of
1-40     the appointees.
1-41           (c)  Each member of the council must be a representative of
1-42     the general public.  A person may not be a member if the person or
1-43     the person's spouse:
1-44                 (1)  is employed by or participates in the management
1-45     of a business entity or other organization receiving money from the
1-46     council;
1-47                 (2)  owns or controls, directly or indirectly, more
1-48     than a 10 percent interest in a business entity or other
1-49     organization receiving money from the council; or
1-50                 (3)  uses or receives a substantial amount of tangible
1-51     goods, services, or money from the council other than compensation
1-52     or reimbursement authorized by law for council membership,
1-53     attendance, or expenses.
1-54           (d)  The members serve staggered terms of six years with the
1-55     terms of three members expiring every odd-numbered year.  A person
1-56     who has served a full six-year term is not eligible for
1-57     reappointment to another consecutive six-year term.
1-58           (e) [(d)]  The governor shall designate a member as the
1-59     presiding officer.
1-60           (f) [(e)]  The council shall meet twice each year and at the
1-61     call of the presiding officer.
1-62           (g) [(f)]  Members of the council receive no compensation but
1-63     are entitled to reimbursement for actual and necessary expenses
1-64     incurred in performing their duties.
 2-1           Sec. 74.0021.  REMOVAL OF COUNCIL MEMBER.  (a)  It is a
 2-2     ground for removal from the council that a member:
 2-3                 (1)  is ineligible for membership under Section 74.002;
 2-4                 (2)  cannot, because of illness or disability,
 2-5     discharge the member's duties for a substantial part of the
 2-6     member's term; or
 2-7                 (3)  is absent from more than half of the regularly
 2-8     scheduled council meetings that the member is eligible to attend
 2-9     during a calendar year without an excuse approved by a majority
2-10     vote of the council.
2-11           (b)  The validity of an action of the council is not affected
2-12     by the fact that it is taken when a ground for removal of a council
2-13     member exists.
2-14           (c)  If the executive director has knowledge that a potential
2-15     ground for removal exists, the executive director shall notify the
2-16     presiding officer of the council of the potential ground.  The
2-17     presiding officer shall then notify the governor and the attorney
2-18     general that a potential ground for removal exists.  If the
2-19     potential ground for removal involves the presiding officer, the
2-20     executive director shall notify the next highest ranking officer of
2-21     the council, who shall then notify the governor and the attorney
2-22     general that a potential ground for removal exists.
2-23           Sec. 74.0022.  COUNCIL MEMBER TRAINING.  (a)  A person who is
2-24     appointed to and qualifies for office as a member of the council
2-25     may not vote, deliberate, or be counted as a member in attendance
2-26     at a meeting of the council until the person completes a training
2-27     program that complies with this section.
2-28           (b)  The training program must provide the person with
2-29     information regarding:
2-30                 (1)  the legislation that created the council;
2-31                 (2)  the programs operated by the council;
2-32                 (3)  the role and functions of the council;
2-33                 (4)  the rules of the council with an emphasis on the
2-34     rules that relate to disciplinary and investigatory authority;
2-35                 (5)  the current budget for the council;
2-36                 (6)  the results of the most recent formal audit of the
2-37     council;
2-38                 (7)  the requirements of:
2-39                       (A)  the open meetings law, Chapter 551,
2-40     Government Code;
2-41                       (B)  the public information law, Chapter 552,
2-42     Government Code;
2-43                       (C)  the administrative procedure law, Chapter
2-44     2001, Government Code; and
2-45                       (D)  other laws relating to public officials,
2-46     including conflict-of-interest laws; and
2-47                 (8)  any applicable ethics policies adopted by the
2-48     council or the Texas Ethics Commission.
2-49           (c)  A person appointed to the council is entitled to
2-50     reimbursement, as provided by the General Appropriations Act, for
2-51     the travel expenses incurred in attending the training program
2-52     regardless of whether the attendance at the program occurs before
2-53     or after the person qualifies for office.
2-54           Sec. 74.003.  POWERS AND DUTIES.  (a)  The council shall:
2-55                 (1)  develop a state plan for expending funds for child
2-56     abuse and neglect prevention programs that includes an annual
2-57     schedule of transfers of trust fund money to the operating fund;
2-58                 (2)  develop eligibility criteria for applicants for
2-59     grants to fund child abuse and neglect prevention programs;
2-60                 (3)  establish grant application procedures;
2-61                 (4)  establish funding priorities for child abuse and
2-62     neglect prevention programs;
2-63                 (5)  establish guidelines relating to grant amounts;
2-64                 (6)  establish guidelines to ensure fair distribution
2-65     of grants between rural and urban areas of the state;
2-66                 (7)  develop procedures for evaluating grant
2-67     applications;
2-68                 (8)  review grant proposals submitted to the council
2-69     and approve or deny those grants;
 3-1                 (9)  monitor the expenditure of funds for child abuse
 3-2     and neglect prevention programs;
 3-3                 (10)  submit an annual report to the governor and the
 3-4     legislature; [and]
 3-5                 (11)  adopt rules and employ an executive director and
 3-6     other necessary staff to implement this chapter;
 3-7                 (12)  develop and implement policies that clearly
 3-8     separate the policymaking responsibilities of the council and the
 3-9     management responsibilities of the executive director and the staff
3-10     of the council; and
3-11                 (13)  develop and implement policies that provide the
3-12     public with a reasonable opportunity to appear before the council
3-13     and to speak on any issue under the jurisdiction of the council.
3-14           (b)  The council may:
3-15                 (1)  apply for and receive funds made available by the
3-16     federal or state government or by another public or private source,
3-17     which funds may be designated and expended for administrative
3-18     purposes and for grants for child abuse and neglect prevention
3-19     programs, and which may be deposited in either the trust fund or
3-20     the operating fund, as appropriate; and
3-21                 (2)  solicit donations for child abuse prevention
3-22     programs.
3-23           Sec. 74.0031.  STANDARDS OF CONDUCT.  The executive director
3-24     or the executive director's designee shall provide to members of
3-25     the council and to council employees, as often as necessary,
3-26     information regarding the requirements for office or employment
3-27     under this chapter, including information regarding a person's
3-28     responsibilities under applicable laws relating to standards of
3-29     conduct for state officers or employees.
3-30           Sec. 74.0032.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The
3-31     executive director or the executive director's designee shall
3-32     prepare and maintain a written policy statement that implements a
3-33     program of equal employment opportunity to ensure that all
3-34     personnel decisions are made without regard to race, color,
3-35     disability, sex, religion, age, or national origin.
3-36           (b)  The policy statement must include:
3-37                 (1)  personnel policies, including policies relating to
3-38     recruitment, evaluation, selection, training, and promotion of
3-39     personnel, that show the intent of the council to avoid the
3-40     unlawful employment practices described by Chapter 21, Labor Code;
3-41     and
3-42                 (2)  an analysis of the extent to which the composition
3-43     of the council's personnel is in accordance with state and federal
3-44     law and a description of reasonable methods to achieve compliance
3-45     with state and federal law.
3-46           (c)  The policy statement must:
3-47                 (1)  be updated annually;
3-48                 (2)  be reviewed by the state Commission on Human
3-49     Rights for compliance with Subsection (b)(1); and
3-50                 (3)  be filed with the governor's office.
3-51           Sec. 74.0033.  COMPLAINTS.  (a)  The council shall maintain a
3-52     file on each written complaint filed with the council.  The file
3-53     must include:
3-54                 (1)  the name of the person who filed the complaint;
3-55                 (2)  the date the complaint is received by the council;
3-56                 (3)  the subject matter of the complaint;
3-57                 (4)  the name of each person contacted in relation to
3-58     the complaint;
3-59                 (5)  a summary of the results of the review or
3-60     investigation of the complaint; and
3-61                 (6)  an explanation of the reason the file was closed,
3-62     if the council closed the file without taking action other than to
3-63     investigate the complaint.
3-64           (b)  The council shall provide to the person filing the
3-65     complaint and to each person who is a subject of the complaint a
3-66     copy of the council's policies and procedures relating to complaint
3-67     investigation and resolution.
3-68           (c)  The council, at least quarterly and until final
3-69     disposition of the complaint, shall notify the person filing the
 4-1     complaint and each person who is a subject of the complaint of the
 4-2     status of the investigation unless the notice would jeopardize an
 4-3     undercover investigation.
 4-4           Sec. 74.011.  SUNSET PROVISION.  The Children's Trust Fund of
 4-5     Texas Council is subject to Chapter 325, Government Code (Texas
 4-6     Sunset Act).  Unless continued in existence as provided by that
 4-7     chapter, the council is abolished and this chapter expires
 4-8     September 1, 2007 [1999].
 4-9           SECTION 2.  Subdivision (4), Section 531.001, Government
4-10     Code, is amended to read as follows:
4-11                 (4)  "Health and human services agencies" includes the:
4-12                       (A)  Interagency Council on Early Childhood
4-13     Intervention Services;
4-14                       (B)  Texas Department on Aging;
4-15                       (C)  Texas Commission on Alcohol and Drug Abuse;
4-16                       (D)  Texas Commission for the Blind;
4-17                       (E)  Texas Commission for the Deaf and Hard of
4-18     Hearing;
4-19                       (F)  Texas Department of Health;
4-20                       (G)  Texas Department of Human Services;
4-21                       (H)  Texas Juvenile Probation Commission;
4-22                       (I)  Texas Department of Mental Health and Mental
4-23     Retardation;
4-24                       (J)  Texas Rehabilitation Commission; [and]
4-25                       (K)  Department of Protective and Regulatory
4-26     Services; and
4-27                       (L)  Children's Trust Fund of Texas Council.
4-28           SECTION 3.  (a)  This Act takes effect September 1, 1999.
4-29           (b)  The changes in law made by this Act in the
4-30     qualifications of, and the prohibitions applying to, members of the
4-31     Children's Trust Fund of Texas Council do not affect the
4-32     entitlement of a member serving on the council immediately before
4-33     September 1, 1999, to continue to carry out the functions of the
4-34     council for the remainder of the member's term.  The changes in law
4-35     apply only to a member appointed on or after September 1, 1999.
4-36     This Act does not prohibit a person who is a member of the council
4-37     on September 1, 1999, from being reappointed to the council if the
4-38     person has the qualifications required for a member under Chapter
4-39     74, Human Resources Code, as amended by this Act, and is not
4-40     ineligible for reappointment under Subsection (d), Section 74.002,
4-41     Human Resources Code, as amended by this Act.
4-42           SECTION 4.  The importance of this legislation and the
4-43     crowded condition of the calendars in both houses create an
4-44     emergency and an imperative public necessity that the
4-45     constitutional rule requiring bills to be read on three several
4-46     days in each house be suspended, and this rule is hereby suspended.
4-47                                  * * * * *