SRC-EPT, TBR S.B. 1475 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1475
By: Duncan
Health & Human Services
6/14/2001
Enrolled


DIGEST AND PURPOSE 

The Children's Trust Fund operates as an independent agency.  S.B. 1475
abolishes the Children's Trust Fund and transfers its powers and duties to
the Department of Protective and Regulatory Services. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 40, Human Resources Code, by adding Subchapter
D, as follows: 

SUBCHAPTER D.  CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS

Sec. 40.101.  DEFINITIONS.  Defines "children's trust fund," "primary
prevention," "operating fund," "state agency," and "trust fund." 

Sec. 40.102.  CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS. (a)
Requires the Department of Protective and Regulatory Services (department)
to operate the Children's Trust Fund to develop and establish certain
plans. 

(b)  Requires the Children's Trust Fund to accommodate the department's
existing rules and policies in procuring, awarding and monitoring contracts
and grants. 

(c)  Authorizes the department to apply for and receive funds made
available by the federal government or another public or private source for
administering programs under this subchapter and for funding for child
abuse and neglect prevention programs and solicit donations for child abuse
and neglect prevention programs. 

Sec. 40.104.  ADMINISTRATIVE AND OTHER COSTS.  (a)  Provides that
administrative costs under this subchapter during any fiscal year may not
exceed an amount equal to 50 percent of the interest credited to the trust
fund during the preceding fiscal year. 

(b)  Provides that funds expended under a special project grant from a
governmental source or a nongovernmental source for public education or
public awareness may not be counted as administrative costs for the
purposes of this section. 

Sec. 40.105.  CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND. (a)  Provides
that the child abuse and neglect prevention trust fund is established as a
trust fund in the general revenue fund. 

(b)  Authorizes the department to transfer money contained in the trust
fund to the  operating fund at any time.  Provides that during a fiscal
year the department may not transfer more than the amount appropriated for
the operating fund for that fiscal year. Provides that money transferred to
the operating fund that was originally deposited to the credit of the trust
fund under Section 118.022, Local Government Code, may be used only for
child abuse and neglect primary prevention programs. 

(d)  Provides that the trust fund is exempt from the application of Section
403.095, Government Code.  

Sec. 40.106.  DEPARTMENT OPERATING FUND ACCOUNT.  (a)  Provides that the
Department of Protective and Regulatory Services child abuse and neglect
prevention operating fund is an account in the general revenue fund. 

(b) Requires that administrative and other costs allowed in Section 40.104
be taken from the operating fund.  Authorizes the department to transfer
funds contained in the operating fund to the trust fund at any time. 

(c)  Authorizes the legislature to appropriate the money in the operating
fund to carry out the provisions of this subchapter. 

(d) Provides that the operating fund is exempt from the application of
Section 403.095, Government Code.  

Sec. 40.107.  CONTRIBUTIONS.  (a)  Authorizes the department to solicit
contributions from any appropriate source. 

(b)  Requires that any other contributions for child abuse and neglect
primary prevention or other prevention and early intervention programs be
deposited into a separate designated fund in the state treasury and be used
for that designated purpose. 

(c)  Provides that a person may contribute funds to either the trust fund,
the operating fund or a fund designated by the department for a specific
child abuse and neglect primary prevention or other prevention or early
intervention purpose. 

(d)  Requires that if a person designates that a contribution is intended
as a donation to a specific fund, the contribution be deposited in the
designated fund. 

SECTION 2.  Amends Section 264.501, Family Code, to delete the definition
of council. 

SECTION 3.  Amends Sections 264.502 (a), (b), and (h), Family Code, as
follows: 

(a)  Deletes language regarding a person appointed by and representing the
executive director of the council. 

 (b)  Makes a conforming change. 

(h)  Deletes language regarding funds appropriated to the council.

SECTION 4.  Amends Sections 264.503 (b) and (d), Family Code, as follows:

(b)  Deletes language regarding the council.

(d)  Requires the department, rather than the council, to promote education
of the public regarding the incidence and causes of child deaths, the
public role in preventing child deaths, and specific steps the public can
undertake to prevent child deaths. 
 

SECTION 5.  Amends Sections (b) and (c) 264.701, Family Code, as follows:

(b)  Requires the committee appointed by the Board of Protective and
Regulatory Services to include two officers or employees, rather than an
officer or employee, of the Department of Protective and Regulatory
Services.  Deletes language requiring one member to be an officer or
employee of the Children's Trust Fund. 

(c)  Makes a conforming change.

SECTION 6.  Amends Section 531.001(4), Government Code, as added by
Chapters 7 and 1460, Acts of the 76th Legislature, Regular Session, 1999,
to delete Children's Trust Fund of Texas Council, from the definition of
"health and human services agencies." 

SECTION 7.  Amends Section 118.022(b), Local Government Code, to require
the comptroller to deposit the money received under this section to the
credit of the child abuse and neglect prevention trust fund established
under Section 40.105, rather than 74.006, Human Resources Code. 

SECTION 8.  Repealer: Chapter 74 (Children's Trust Fund of Texas Council),
Human Resources Code. 

SECTION 9.  (a)  Requires that on September 1, 2001, the powers, duties,
functions, programs, activities, obligations, rights, contracts, records,
employees, property, funds, and appropriations of the Children's Trust Fund
of Texas Council be transferred to the Department of Protective and
Regulatory Services. 

(b)  Provides that a rule adopted by the Children's Trust Fund of Texas
Council is a rule of the Department of Protective and Regulatory Services
with regard to its management of child abuse and neglect primary prevention
programs under Chapter 40D, Human Resources Code, as added by this Act, and
remains in effect until altered or superseded by a rule of the Department
of Protective and Regulatory Services. 

SECTION 10.  Provides that on September 1, 2001, the Children's Trust Fund
of Texas Council is abolished and a reference in law to the Children's
Trust Fund of Texas Council means the Department of Protective and
Regulatory Services, and a reference in law to the Children's Trust Fund
means the child abuse and neglect prevention trust fund. 

SECTION 11.  Provides that the abolition of the Children's Trust Fund of
Texas Council and the transfer of its powers, duties, functions, programs,
activities, obligations, rights, contracts, records, property, funds, and
employees to the Department of Protective and Regulatory Services does not
affect or impair an act done, any obligation, right, criterion, standard,
or requirement existing, or any investigation begun under former law, and
that law remains in effect for any action concerning those matters. 

SECTION 12.  Authorizes the Department of Protective and Regulatory
Services, for the biennium ending August 31, 2003, to renew funding to
entities who are receiving funding in 2001 from the Children's Trust Fund
of Texas Council without the need for competitive procurement. 

SECTION 13.  Effective date: September 1, 2001.