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.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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
1-17 Sec. 74.001. DEFINITIONS. In this chapter:
1-18 (1) "Council" means the Children's Trust Fund of Texas
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
1-28 (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
1-33 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
1-47 (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
2-38 (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
2-68 (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
3-23 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;
3-42 (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
4-19 (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
4-24 (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 * * * * *