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 PRIMARY 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 neglect primary prevention program.
1-12 (2) "Primary prevention" means services and activities
1-13 available to the community at large or to families to prevent child
1-14 abuse and neglect before it occurs.
1-15 (3) "Operating fund" means the Department of
1-16 Protective and Regulatory Services child abuse and neglect
1-17 prevention operating fund account.
1-18 (4) "State agency" means a board, commission,
1-19 department, office, or other state agency that:
1-20 (A) is in the executive branch of the state
1-21 government;
1-22 (B) was created by the constitution or a statute
1-23 of this state; and
1-24 (C) has statewide jurisdiction.
1-25 (5) "Trust fund" means the child abuse and neglect
2-1 prevention trust fund account.
2-2 Sec. 40.102. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION
2-3 PROGRAMS. (a) The department shall operate the children's trust
2-4 fund to:
2-5 (1) set policy, offer resources for community primary
2-6 prevention programs, and provide information and education on
2-7 prevention of child abuse and neglect;
2-8 (2) develop a state plan for expending funds for child
2-9 abuse and neglect primary prevention programs that includes an
2-10 annual schedule of transfers of trust fund money to the operating
2-11 fund;
2-12 (3) develop eligibility criteria for applicants
2-13 requesting funding for child abuse and neglect primary prevention
2-14 programs; and
2-15 (4) establish funding priorities for child abuse and
2-16 neglect primary prevention programs.
2-17 (b) The children's trust fund shall accommodate the
2-18 department's existing rules and policies in procuring, awarding,
2-19 and monitoring contracts and grants.
2-20 (c) The department may:
2-21 (1) apply for and receive funds made available by the
2-22 federal government or another public or private source for
2-23 administering programs under this subchapter and for funding for
2-24 child abuse and neglect primary prevention programs; and
2-25 (2) solicit donations for child abuse and neglect
2-26 primary prevention programs.
3-1 Sec. 40.104. ADMINISTRATIVE AND OTHER COSTS.
3-2 (a) Administrative costs under this subchapter during any fiscal
3-3 year may not exceed an amount equal to 50 percent of the interest
3-4 credited to the trust fund during the preceding fiscal year.
3-5 (b) Funds expended under a special project grant from a
3-6 governmental source or a nongovernmental source for public
3-7 education or public awareness may not be counted as administrative
3-8 costs for the purposes of this section.
3-9 Sec. 40.105. CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND
3-10 ACCOUNT. (a) The child abuse and neglect prevention trust fund
3-11 account is an account in the general revenue fund.
3-12 (b) The department may transfer money contained in the trust
3-13 fund to the operating fund at any time. However, during a fiscal
3-14 year the department may not transfer more than the amount
3-15 appropriated for the operating fund for that fiscal year. Money
3-16 transferred to the operating fund that was originally deposited to
3-17 the credit of the trust fund under Section 118.022, Local
3-18 Government Code, may be used only for child abuse and neglect
3-19 primary prevention programs.
3-20 (c) Interest earned on the trust fund shall be credited to
3-21 the trust fund.
3-22 (d) The trust fund is exempt from the application of Section
3-23 403.095, Government Code.
3-24 Sec. 40.106. DEPARTMENT OPERATING FUND ACCOUNT. (a) The
3-25 Department of Protective and Regulatory Services child abuse and
3-26 neglect prevention operating fund account is an account in the
4-1 general revenue fund.
4-2 (b) Administrative and other costs allowed in Section 40.104
4-3 shall be taken from the operating fund. The department may
4-4 transfer funds contained in the operating fund to the trust fund at
4-5 any time.
4-6 (c) The legislature may appropriate the money in the
4-7 operating fund to carry out the provisions of this subchapter.
4-8 (d) The operating fund is exempt from the application of
4-9 Section 403.095, Government Code.
4-10 Sec. 40.107. CONTRIBUTIONS. (a) The department may solicit
4-11 contributions from any appropriate source.
4-12 (b) Any other contributions for child abuse and neglect
4-13 primary prevention or other prevention and early intervention
4-14 programs shall be deposited into a separate designated fund in the
4-15 state treasury and shall be used for that designated purpose.
4-16 (c) A person may contribute funds to either the trust fund,
4-17 the operating fund, or a fund designated by the department for a
4-18 specific child abuse and neglect primary prevention or other
4-19 prevention or early intervention purpose.
4-20 (d) If a person designates that a contribution is intended
4-21 as a donation to a specific fund, the contribution shall be
4-22 deposited in the designated fund.
4-23 SECTION 2. Section 264.501, Family Code, is amended to read
4-24 as follows:
4-25 Sec. 264.501. DEFINITIONS. In this subchapter:
4-26 (1) "Autopsy" and "inquest" have the meanings assigned
5-1 by Article 49.01, Code of Criminal Procedure.
5-2 (2) "Bureau of vital statistics" means the bureau of
5-3 vital statistics of the Texas Department of Health.
5-4 (3) "Child" means a person younger than 18 years of
5-5 age.
5-6 (4) "Committee" means the child fatality review team
5-7 committee.
5-8 (5) ["Council" means the Children's Trust Fund of
5-9 Texas Council.]
5-10 [(6)] "Department" means the Department of Protective
5-11 and Regulatory Services.
5-12 (6) [(7)] "Health care provider" means any health care
5-13 practitioner or facility that provides medical evaluation or
5-14 treatment, including dental and mental health evaluation or
5-15 treatment.
5-16 (7) [(8)] "Meeting" means an in-person meeting or a
5-17 meeting held by telephone or other electronic medium.
5-18 (8) [(9)] "Preventable death" means a death that may
5-19 have been prevented by reasonable medical, social, legal,
5-20 psychological, or educational intervention. The term includes the
5-21 death of a child from:
5-22 (A) intentional or unintentional injuries;
5-23 (B) medical neglect;
5-24 (C) lack of access to medical care;
5-25 (D) neglect and reckless conduct, including
5-26 failure to supervise and failure to seek medical care; and
6-1 (E) premature birth associated with any factor
6-2 described by Paragraphs (A) through (D).
6-3 (9) [(10)] "Review" means a reexamination of
6-4 information regarding a deceased child from relevant agencies,
6-5 professionals, and health care providers.
6-6 (10) [(11)] "Review team" means a child fatality
6-7 review team established under this subchapter.
6-8 (11) [(12)] "Unexpected death" includes a death of a
6-9 child that, before investigation:
6-10 (A) appears to have occurred without
6-11 anticipation or forewarning; and
6-12 (B) was caused by trauma, suspicious or obscure
6-13 circumstances, sudden infant death syndrome, abuse or neglect, or
6-14 an unknown cause.
6-15 SECTION 3. Subsections (a), (b), and (h), Section 264.502,
6-16 Family Code, are amended to read as follows:
6-17 (a) The child fatality review team committee is composed of:
6-18 (1) a person appointed by and representing the state
6-19 registrar for the bureau of vital statistics;
6-20 (2) a person appointed by and representing the
6-21 director of protective services for families and children of the
6-22 department;
6-23 (3) a person appointed by and representing the
6-24 director of the bureau of epidemiology of the Texas Department of
6-25 Health; and
6-26 (4) [a person appointed by and representing the
7-1 executive director of the council; and]
7-2 [(5)] individuals selected under Subsection (b).
7-3 (b) The members of the committee who serve under Subsections
7-4 (a)(1) through (3) [(4)] shall select the following additional
7-5 committee members:
7-6 (1) a criminal prosecutor involved in prosecuting
7-7 crimes against children;
7-8 (2) a sheriff;
7-9 (3) a justice of the peace;
7-10 (4) a medical examiner;
7-11 (5) a police chief;
7-12 (6) a pediatrician experienced in diagnosing and
7-13 treating child abuse and neglect;
7-14 (7) a child educator;
7-15 (8) a child mental health provider;
7-16 (9) a public health professional;
7-17 (10) a child protective services specialist;
7-18 (11) a sudden infant death syndrome family service
7-19 provider;
7-20 (12) a neonatologist;
7-21 (13) a child advocate; and
7-22 (14) a chief juvenile probation officer.
7-23 (h) A member of the committee is not entitled to
7-24 compensation for serving on the committee but is entitled to
7-25 reimbursement for the member's travel expenses as provided in the
7-26 General Appropriations Act. Reimbursement under this subsection
8-1 for a person serving on the committee under Subsection (a)(1) or
8-2 (3) shall be paid from funds appropriated to the Texas Department
8-3 of Health. Reimbursement for other persons serving on the
8-4 committee shall be paid [equally] from funds appropriated to the
8-5 department [and funds appropriated to the council].
8-6 SECTION 4. Subsections (b) and (d), Section 264.503, Family
8-7 Code, are amended to read as follows:
8-8 (b) To ensure that the committee achieves its purpose, the
8-9 department[, the council,] and the Texas Department of Health shall
8-10 perform the duties specified by this section.
8-11 (d) The department [council] shall promote education of the
8-12 public regarding the incidence and causes of child deaths, the
8-13 public role in preventing child deaths, and specific steps the
8-14 public can undertake to prevent child deaths. The committee shall
8-15 enlist the support and assistance of civic, philanthropic, and
8-16 public service organizations in the performance of the duties
8-17 imposed under this subsection.
8-18 SECTION 5. Subsections (b) and (c), Section 264.701, Family
8-19 Code, are amended to read as follows:
8-20 (b) The committee is appointed by the Board of Protective
8-21 and Regulatory Services and is composed of the following 15
8-22 members:
8-23 (1) an officer or employee of the Texas Education
8-24 Agency;
8-25 (2) two officers or employees [an officer or employee]
8-26 of the Department of Protective and Regulatory Services;
9-1 (3) an officer or employee of the Texas Juvenile
9-2 Probation Commission;
9-3 (4) an officer or employee of the Texas Department of
9-4 Mental Health and Mental Retardation;
9-5 (5) [an officer or employee of the Children's Trust
9-6 Fund of Texas Council;]
9-7 [(6)] an officer or employee of the Health and Human
9-8 Services Commission;
9-9 (6) [(7)] three members of the public who have
9-10 knowledge of and experience in the area of delivery of services
9-11 relating to child abuse and neglect;
9-12 (7) [(8)] three members of the public who have
9-13 knowledge of and experience in the area of evaluation of programs
9-14 relating to the prevention and treatment of child abuse and
9-15 neglect; and
9-16 (8) [(9)] three members of the public who are or have
9-17 been recipients of services relating to the prevention or treatment
9-18 of child abuse or neglect.
9-19 (c) In appointing members to the committee under Subsection
9-20 (b)(8) [(b)(9)], the board shall consider appointing:
9-21 (1) an adult who as a child was a recipient of
9-22 services relating to the prevention or treatment of child abuse or
9-23 neglect; and
9-24 (2) a custodial and a noncustodial parent of a child
9-25 who is or was a recipient of services relating to the prevention or
9-26 treatment of child abuse or neglect.
10-1 SECTION 6. Subdivision (4), Section 531.001, Government
10-2 Code, as added by Chapters 7 and 1460, Acts of the 76th
10-3 Legislature, Regular Session, 1999, is amended to read as follows:
10-4 (4) "Health and human services agencies" includes the:
10-5 (A) Interagency Council on Early Childhood
10-6 Intervention;
10-7 (B) Texas Department on Aging;
10-8 (C) Texas Commission on Alcohol and Drug Abuse;
10-9 (D) Texas Commission for the Blind;
10-10 (E) Texas Commission for the Deaf and Hard of
10-11 Hearing;
10-12 (F) Texas Department of Health;
10-13 (G) Texas Department of Human Services;
10-14 (H) Texas Juvenile Probation Commission;
10-15 (I) Texas Department of Mental Health and Mental
10-16 Retardation;
10-17 (J) Texas Rehabilitation Commission;
10-18 (K) Department of Protective and Regulatory
10-19 Services; and
10-20 [(L) Children's Trust Fund of Texas Council.]
10-21 (L) Texas Health Care Information Council.
10-22 SECTION 7. Subsection (b), Section 118.022, Local Government
10-23 Code, is amended to read as follows:
10-24 (b) The comptroller shall deposit the money received under
10-25 this section to the credit of the child abuse and neglect
10-26 prevention [children's] trust fund account established under
11-1 Section 40.105 [74.006], Human Resources Code.
11-2 SECTION 8. Chapter 74, Human Resources Code, is repealed.
11-3 SECTION 9. (a) On September 1, 2001, the powers, duties,
11-4 functions, programs, activities, obligations, rights, contracts,
11-5 records, employees, property, funds, and appropriations of the
11-6 Children's Trust Fund of Texas Council shall be transferred to the
11-7 Department of Protective and Regulatory Services.
11-8 (b) A rule adopted by the Children's Trust Fund of Texas
11-9 Council is a rule of the Department of Protective and Regulatory
11-10 Services with regard to its management of child abuse and neglect
11-11 primary prevention programs under Subchapter D, Chapter 40, Human
11-12 Resources Code, as added by this Act, and remains in effect until
11-13 altered or superseded by a rule of the Department of Protective and
11-14 Regulatory Services.
11-15 SECTION 10. On September 1, 2001:
11-16 (1) the Children's Trust Fund of Texas Council is
11-17 abolished; and
11-18 (2) a reference in law to the Children's Trust Fund of
11-19 Texas Council means the Department of Protective and Regulatory
11-20 Services, and a reference in law to the children's trust fund means
11-21 the child abuse and neglect prevention trust fund account.
11-22 SECTION 11. The abolition of the Children's Trust Fund of
11-23 Texas Council and the transfer of its powers, duties, functions,
11-24 programs, activities, obligations, rights, contracts, records,
11-25 property, funds, and employees to the Department of Protective and
11-26 Regulatory Services does not affect or impair an act done, any
12-1 obligation, right, criterion, standard, or requirement existing, or
12-2 any investigation begun under former law, and that law remains in
12-3 effect for any action concerning those matters.
12-4 SECTION 12. For the biennium ending August 31, 2003, the
12-5 Department of Protective and Regulatory Services may renew funding
12-6 to entities who are receiving funding in 2001 or who awarded grants
12-7 for 2002 from the Children's Trust Fund of Texas Council without
12-8 the need for competitive procurement.
12-9 SECTION 13. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1475 passed the Senate on
April 11, 2001, by the following vote: Yeas 29, Nays 0, one
present not voting; and that the Senate concurred in House
amendment on May 25, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1475 passed the House, with
amendment, on May 16, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor