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.