By Goodman H.B. No. 3381
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the abolition of the Children's Trust Fund of Texas
1-3 Council and to the transfer of its powers and duties to the
1-4 Department of Protective and Regulatory Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 40, Human Resources Code, is amended by
1-7 adding Subchapter D to read as follows:
1-8 SUBCHAPTER D. CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS
1-9 Sec. 40.101. DEFINITIONS. In this subchapter:
1-10 (1) "Children's Trust Fund" means a child abuse and
1-11 prevention program.
1-12 (2) "Operating fund" means the Department of
1-13 Protective and Regulatory Services child abuse and neglect
1-14 prevention operating fund.
1-15 (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 the 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 (4) "Trust fund" means the child abuse and neglect
1-23 prevention trust fund.
2-1 Sec. 40.102. CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS.
2-2 (a) The department shall operate the Children's Trust Fund to:
2-3 (1) develop a state plan for expending funds for child
2-4 abuse and neglect prevention programs that includes an annual
2-5 schedule of transfers of trust fund money to the operating fund;
2-6 (2) develop eligibility criteria for applicants
2-7 requesting funding for child abuse and neglect prevention programs;
2-8 and
2-9 (3) establish funding priorities for child abuse and
2-10 neglect prevention programs.
2-11 (b) The department shall utilize its existing rules and
2-12 policies in procuring, awarding and monitoring contracts and
2-13 grants.
2-14 (c) The department may:
2-15 (1) apply for and receive funds made available by the
2-16 federal government or another public or private source for
2-17 administering programs under this subchapter and for funding for
2-18 child abuse and neglect prevention programs; and
2-19 (2) solicit donations for child abuse and neglect
2-20 prevention programs.
2-21 Sec. 40.104. ADMINISTRATIVE AND OTHER COSTS. (a)
2-22 Administrative costs under this subchapter during any fiscal year
2-23 may not exceed an amount equal to 50 percent of the interest
2-24 credited to the trust fund during the preceding fiscal year.
2-25 (b) Funds expended under a special project grant from a
2-26 governmental source or a nongovernmental source for public
3-1 education or public awareness may not be counted as administrative
3-2 costs for the purposes of this section.
3-3 Sec. 40.105. CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND.
3-4 (a) The child abuse and neglect prevention trust fund is
3-5 established as a trust fund in the state treasury.
3-6 (b) The legislature may not appropriate the money contained
3-7 in the trust fund.
3-8 (c) The department may transfer money contained in the trust
3-9 fund to the operating fund at any time. However, during a fiscal
3-10 year the department may not transfer more than the amount deposited
3-11 to the credit of the trust fund from any source, including interest
3-12 and the amount credited under Section 118.022, Local Government
3-13 Code, during the preceding fiscal year. Money transferred to the
3-14 operating fund that was originally deposited to the credit of the
3-15 trust fund under Section 118.022, Local Government Code, may be
3-16 used only for child abuse and neglect prevention programs.
3-17 (d) Money in the trust fund may be invested and shall be
3-18 accounted for separately from other funds in the state treasury.
3-19 The investment of funds must be consistent with the comptroller's
3-20 authority to invest funds under Section 404.024, Government Code.
3-21 After the deduction of investment-related expenses, net income and
3-22 interest earned on money in the trust fund shall be deposited to
3-23 the credit of the trust fund.
3-24 Sec. 40.106. DEPARTMENT OPERATING FUND. (a) The Department
3-25 of Protective and Regulatory Services child abuse and neglect
3-26 prevention operating fund is a special fund in the state treasury.
4-1 (b) Administrative and other costs allowed in Section 40.104
4-2 shall be taken from the operating fund. The department may
4-3 transfer funds contained in the operating fund to the trust fund at
4-4 any time.
4-5 (c) The legislature may appropriate the money in the
4-6 operating fund to carry out the provisions of this subchapter.
4-7 Sec. 40.107. CONTRIBUTIONS. (a) The department may solicit
4-8 contributions from any appropriate source.
4-9 (b) Any other contributions for child abuse and neglect
4-10 prevention or other prevention and early intervention programs
4-11 shall be deposited into a separate designated fund in the state
4-12 treasury and shall be used for that designated purpose.
4-13 (c) A person may contribute funds to either the trust fund,
4-14 the operating fund or a fund designated by the department for a
4-15 specific child abuse and neglect prevention or other prevention or
4-16 early intervention purpose.
4-17 (d) If a person designates that a contribution is intended
4-18 as a donation to a specific fund, the contribution shall be
4-19 deposited in the designated fund.
4-20 SECTION 2. Section 264.501, Family Code, is amended to read
4-21 as follows:
4-22 Sec. 264.501. Definitions. In this subchapter:
4-23 (1) "Autopsy" and "inquest" have the meanings assigned
4-24 by Article 49.01, Code of Criminal Procedure.
4-25 (2) "Bureau of vital statistics" means the bureau of
4-26 vital statistics of the Texas Department of Health.
5-1 (3) "Child" means a person younger than 18 years of
5-2 age.
5-3 (4) "Committee" means the child fatality review team
5-4 committee.
5-5 (5) ["Council" means the Children's Trust Fund of
5-6 Texas Council.]
5-7 [(6)] "Department" means the Department of Protective
5-8 and Regulatory Services.
5-9 (6) [(7)] "Health care provider" means any health care
5-10 practitioner or facility that provides medical evaluation or
5-11 treatment, including dental and mental health evaluation or
5-12 treatment.
5-13 (7) [(8)] "Meeting" means an in-person meeting or a
5-14 meeting held by telephone or other electronic medium.
5-15 (8) [(9)] "Preventable death" means a death that may
5-16 have been prevented by reasonable medical, social, legal,
5-17 psychological, or educational intervention. The term includes the
5-18 death of a child from:
5-19 (A) intentional or unintentional injuries;
5-20 (B) medical neglect;
5-21 (C) lack of access to medical care;
5-22 (D) neglect and reckless conduct, including
5-23 failure to supervise and failure to seek medical care; and
5-24 (E) premature birth associated with any factor
5-25 described by Paragraphs (A) through (D).
5-26 (9) [(10)] "Review" means a reexamination of
6-1 information regarding a deceased child from relevant agencies,
6-2 professionals, and health care providers.
6-3 (10) [(11)] "Review team" means a child fatality
6-4 review team established under this subchapter.
6-5 (11) [(12)] "Unexpected death" includes a death of a
6-6 child that, before investigation:
6-7 (A) appears to have occurred without
6-8 anticipation or forewarning; and
6-9 (B) was caused by trauma, suspicious or obscure
6-10 circumstances, sudden infant death syndrome, abuse or neglect, or
6-11 an unknown cause.
6-12 SECTION 3. Subsections (a), (b), and (h), Section 264.502,
6-13 Family Code, are amended to read as follows:
6-14 (a) The child fatality review team committee is composed of:
6-15 (1) a person appointed by and representing the state
6-16 registrar for the bureau of vital statistics;
6-17 (2) a person appointed by and representing the
6-18 director of protective services for families and children of the
6-19 department;
6-20 (3) a person appointed by and representing the
6-21 director of the bureau of epidemiology of the Texas Department of
6-22 Health; and
6-23 (4) [a person appointed by and representing the
6-24 executive director of the council; and]
6-25 [(5)] individuals selected under Subsection (b).
6-26 (b) The members of the committee who serve under Subsections
7-1 (a)(1) through (3) [(4)] shall select the following additional
7-2 committee members:
7-3 (1) a criminal prosecutor involved in prosecuting
7-4 crimes against children;
7-5 (2) a sheriff;
7-6 (3) a justice of the peace;
7-7 (4) a medical examiner;
7-8 (5) a police chief;
7-9 (6) a pediatrician experienced in diagnosing and
7-10 treating child abuse and neglect;
7-11 (7) a child educator;
7-12 (8) a child mental health provider;
7-13 (9) a public health professional;
7-14 (10) a child protective services specialist;
7-15 (11) a sudden infant death syndrome family service
7-16 provider;
7-17 (12) a neonatologist;
7-18 (13) a child advocate; and
7-19 (14) a chief juvenile probation officer.
7-20 (h) A member of the committee is not entitled to
7-21 compensation for serving on the committee but is entitled to
7-22 reimbursement for the member's travel expenses as provided in the
7-23 General Appropriations Act. Reimbursement under this subsection
7-24 for a person serving on the committee under Subsection (a)(1) or
7-25 (3) shall be paid from funds appropriated to the Texas Department
7-26 of Health. Reimbursement for other persons serving on the
8-1 committee shall be paid [equally] from funds appropriated to the
8-2 department [and funds appropriated to the council].
8-3 SECTION 4. Subsections (b) and (d), Section 264.503, Family
8-4 Code, are amended to read as follows:
8-5 (b) To ensure that the committee achieves its purpose, the
8-6 department[, the council,] and the Texas Department of Health shall
8-7 perform the duties specified by this section.
8-8 (d) The department [council] shall promote education of the
8-9 public regarding the incidence and causes of child deaths, the
8-10 public role in preventing child deaths, and specific steps the
8-11 public can undertake to prevent child deaths. The committee shall
8-12 enlist the support and assistance of civic, philanthropic, and
8-13 public service organizations in the performance of the duties
8-14 imposed under this subsection.
8-15 SECTION 5. Subsections (b) and (c), Section 264.701, Family
8-16 Code, are amended to read as follows:
8-17 (b) The committee is appointed by the Board of Protective
8-18 and Regulatory Services and is composed of the following 15
8-19 members:
8-20 (1) an officer or employee of the Texas Education
8-21 Agency;
8-22 (2) two officers or employees [an officer or employee]
8-23 of the Department of Protective and Regulatory Services;
8-24 (3) an officer or employee of the Texas Juvenile
8-25 Probation Commission;
8-26 (4) an officer or employee of the Texas Department of
9-1 Mental Health and Mental Retardation;
9-2 (5) [an officer or employee of the Children's Trust
9-3 Fund of Texas Council;]
9-4 [(6)] an officer or employee of the Health and Human
9-5 Services Commission;
9-6 (6) [(7)] three members of the public who have
9-7 knowledge of and experience in the area of delivery of services
9-8 relating to child abuse and neglect;
9-9 (7) [(8)] three members of the public who have
9-10 knowledge of and experience in the area of evaluation of programs
9-11 relating to the prevention and treatment of child abuse and
9-12 neglect; and
9-13 (8) [(9)] three members of the public who are or have
9-14 been recipients of services relating to the prevention or treatment
9-15 of child abuse or neglect.
9-16 (c) In appointing members to the committee under Subsection
9-17 (b)(8) [(b)(9)], the board shall consider appointing:
9-18 (1) an adult who as a child was a recipient of
9-19 services relating to the prevention or treatment of child abuse or
9-20 neglect; and
9-21 (2) a custodial and a noncustodial parent of a child
9-22 who is or was a recipient of services relating to the prevention or
9-23 treatment of child abuse or neglect.
9-24 SECTION 6. Subdivision (4), Section 531.001, Government
9-25 Code, is amended to read as follows:
9-26 (4) "Health and human services agencies" includes the:
10-1 (A) Interagency Council on Early Childhood
10-2 Intervention;
10-3 (B) Texas Department on Aging;
10-4 (C) Texas Commission on Alcohol and Drug Abuse;
10-5 (D) Texas Commission for the Blind;
10-6 (E) Texas Commission for the Deaf and Hard of
10-7 Hearing;
10-8 (F) Texas Department of Health;
10-9 (G) Texas Department of Human Services;
10-10 (H) Texas Juvenile Probation Commission;
10-11 (I) Texas Department of Mental Health and Mental
10-12 Retardation;
10-13 (J) Texas Rehabilitation Commission;
10-14 (K) Department of Protective and Regulatory
10-15 Services; and
10-16 [(L) Children's Trust Fund of Texas Council.]
10-17 (L) Texas Health Care Information Council.
10-18 SECTION 7. Subsection (b), Section 118.022, Local Government
10-19 Code, is amended to read as follows:
10-20 (b) The comptroller shall deposit the money received under
10-21 this section to the credit of the child abuse and neglect
10-22 prevention [children's] trust fund established under Section 40.105
10-23 [74.006], Human Resources Code.
10-24 SECTION 8. Chapter 74, Human Resources Code, is repealed.
10-25 SECTION 9. (a) On September 1, 2001, the powers, duties,
10-26 functions, programs, activities, obligations, rights, contracts,
11-1 records, employees, property, funds, and appropriations of the
11-2 Children's Trust Fund of Texas Council shall be transferred to the
11-3 Department of Protective and Regulatory Services.
11-4 (b) A rule adopted by the Children's Trust Fund of Texas
11-5 Council is a rule of the Department of Protective and Regulatory
11-6 Services with regard to its management of child abuse and neglect
11-7 prevention programs under Subchapter D, Chapter 40, Human Resources
11-8 Code, as added by this Act, and remains in effect until altered or
11-9 superseded by a rule of the Department of Protective and Regulatory
11-10 Services.
11-11 SECTION 10. On September 1, 2001:
11-12 (1) The Children's Trust Fund of Texas Council is
11-13 abolished; and
11-14 (2) a reference in law to the Children's Trust Fund of
11-15 Texas Council means the Department of Protective and Regulatory
11-16 Services, and a reference in law to the Children's Trust Fund means
11-17 the child abuse and neglect prevention trust fund.
11-18 SECTION 11. The abolition of the Children's Trust Fund of
11-19 Texas Council and the transfer of its powers, duties, functions,
11-20 programs, activities, obligations, rights, contracts, records,
11-21 property, funds, and employees to the Department of Protective and
11-22 Regulatory Services does not affect or impair an act done, any
11-23 obligation, right, criterion, standard, or requirement existing, or
11-24 any investigation begun under former law, and that law remains in
11-25 effect for any action concerning those matters.
11-26 SECTION 12. For the biennium ending August 31, 2003, the
12-1 department may renew funding to entities who are receiving funding
12-2 in 2001 from the Children's Trust Fund of Texas Council without the
12-3 need for competitive procurement.
12-4 SECTION 13. This Act takes effect September 1, 2001.