By:  Duncan                                           S.B. No. 1475
                                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 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.
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.
 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     (a)  The child abuse and neglect prevention trust fund is
3-11     established as a trust fund in the state treasury.
3-12           (b)  The legislature may not appropriate the money contained
3-13     in the trust fund.
3-14           (c)  The department may transfer money contained in the trust
3-15     fund to the operating fund at any time.  However, during a fiscal
3-16     year the department may not transfer more than the amount deposited
3-17     to the credit of the trust fund from any source, including interest
3-18     and the amount credited under Section 118.022, Local Government
3-19     Code, during the preceding fiscal year.  Money transferred to the
3-20     operating fund that was originally deposited to the credit of the
3-21     trust fund under Section 118.022, Local Government Code, may be
3-22     used only for child abuse and neglect primary prevention programs.
3-23           (d)  Money in the trust fund may be invested and shall be
3-24     accounted for separately from other funds in the state treasury.
3-25     The investment of funds must be consistent with the comptroller's
3-26     authority to invest funds under Section 404.024, Government Code.
 4-1     After the deduction of investment-related expenses, net income and
 4-2     interest earned on money in the trust fund shall be deposited to
 4-3     the credit of the trust fund.
 4-4           Sec. 40.106.  DEPARTMENT OPERATING FUND.  (a)  The Department
 4-5     of Protective and Regulatory Services child abuse and neglect
 4-6     prevention operating fund is a special fund in the state treasury.
 4-7           (b)  Administrative and other costs allowed in Section 40.104
 4-8     shall be taken from the operating fund.  The department may
 4-9     transfer funds contained in the operating fund to the trust fund at
4-10     any time.
4-11           (c)  The legislature may appropriate the money in the
4-12     operating fund to carry out the provisions of this subchapter.
4-13           Sec. 40.107.  CONTRIBUTIONS.  (a)  The department may solicit
4-14     contributions from any appropriate source.
4-15           (b)  Any other contributions for child abuse and neglect
4-16     primary prevention or other prevention and early intervention
4-17     programs shall be deposited into a separate designated fund in the
4-18     state treasury and shall be used for that designated purpose.
4-19           (c)  A person may contribute funds to either the trust fund,
4-20     the operating fund, or a fund designated by the department for a
4-21     specific child abuse and neglect primary prevention or other
4-22     prevention or early intervention purpose.
4-23           (d)  If a person designates that a contribution is intended
4-24     as a donation to a specific fund, the contribution shall be
4-25     deposited in the designated fund.
4-26           SECTION 2.  Section 264.501, Family Code, is amended to read
 5-1     as follows:
 5-2           Sec. 264.501.  DEFINITIONS.  In this subchapter:
 5-3                 (1)  "Autopsy" and "inquest" have the meanings assigned
 5-4     by Article 49.01, Code of Criminal Procedure.
 5-5                 (2)  "Bureau of vital statistics" means the bureau of
 5-6     vital statistics of the Texas Department of Health.
 5-7                 (3)  "Child" means a person younger than 18 years of
 5-8     age.
 5-9                 (4)  "Committee" means the child fatality review team
5-10     committee.
5-11                 (5)  ["Council" means the Children's Trust Fund of
5-12     Texas Council.]
5-13                 [(6)]  "Department" means the Department of Protective
5-14     and Regulatory Services.
5-15                 (6) [(7)]  "Health care provider" means any health care
5-16     practitioner or facility that provides medical evaluation or
5-17     treatment, including dental and mental health evaluation or
5-18     treatment.
5-19                 (7) [(8)]  "Meeting" means an in-person meeting or a
5-20     meeting held by telephone or other electronic medium.
5-21                 (8) [(9)]  "Preventable death" means a death that may
5-22     have been prevented by reasonable medical, social, legal,
5-23     psychological, or educational intervention.  The term includes the
5-24     death of a child from:
5-25                       (A)  intentional or unintentional injuries;
5-26                       (B)  medical neglect;
 6-1                       (C)  lack of access to medical care;
 6-2                       (D)  neglect and reckless conduct, including
 6-3     failure to supervise and failure to seek medical care; and
 6-4                       (E)  premature birth associated with any factor
 6-5     described by Paragraphs (A)  through (D).
 6-6                 (9) [(10)]  "Review" means a reexamination of
 6-7     information regarding a deceased child from relevant agencies,
 6-8     professionals, and health care providers.
 6-9                 (10) [(11)]  "Review team" means a child fatality
6-10     review team established under this subchapter.
6-11                 (11) [(12)]  "Unexpected death" includes a death of a
6-12     child that, before investigation:
6-13                       (A)  appears to have occurred without
6-14     anticipation or forewarning; and
6-15                       (B)  was caused by trauma, suspicious or obscure
6-16     circumstances, sudden infant death syndrome, abuse or neglect, or
6-17     an unknown cause.
6-18           SECTION 3.  Subsections (a), (b), and (h), Section 264.502,
6-19     Family Code, are amended to read as follows:
6-20           (a)  The child fatality review team committee is composed of:
6-21                 (1)  a person appointed by and representing the state
6-22     registrar for the bureau of vital statistics;
6-23                 (2)  a person appointed by and representing the
6-24     director of protective services for families and children of the
6-25     department;
6-26                 (3)  a person appointed by and representing the
 7-1     director of the bureau of epidemiology of the Texas Department of
 7-2     Health; and
 7-3                 (4)  [a person appointed by and representing the
 7-4     executive director of the council; and]
 7-5                 [(5)]  individuals selected under Subsection (b).
 7-6           (b)  The members of the committee who serve under Subsections
 7-7     (a)(1) through (3) [(4)] shall select the following additional
 7-8     committee members:
 7-9                 (1)  a criminal prosecutor involved in prosecuting
7-10     crimes against children;
7-11                 (2)  a sheriff;
7-12                 (3)  a justice of the peace;
7-13                 (4)  a medical examiner;
7-14                 (5)  a police chief;
7-15                 (6)  a pediatrician experienced in diagnosing and
7-16     treating child abuse and neglect;
7-17                 (7)  a child educator;
7-18                 (8)  a child mental health provider;
7-19                 (9)  a public health professional;
7-20                 (10)  a child protective services specialist;
7-21                 (11)  a sudden infant death syndrome family service
7-22     provider;
7-23                 (12)  a neonatologist;
7-24                 (13)  a child advocate; and
7-25                 (14)  a chief juvenile probation officer.
7-26           (h)  A member of the committee is not entitled to
 8-1     compensation for serving on the committee but is entitled to
 8-2     reimbursement for the member's travel expenses as provided in the
 8-3     General Appropriations Act.  Reimbursement under this subsection
 8-4     for a person serving on the committee under Subsection (a)(1) or
 8-5     (3) shall be paid from funds appropriated to the Texas Department
 8-6     of Health.   Reimbursement for other persons serving on the
 8-7     committee shall be paid [equally] from funds appropriated to the
 8-8     department [and funds appropriated to the council].
 8-9           SECTION 4.  Subsections (b) and (d), Section 264.503, Family
8-10     Code, are amended to read as follows:
8-11           (b)  To ensure that the committee achieves its purpose, the
8-12     department[, the council,] and the Texas Department of Health shall
8-13     perform the duties specified by this section.
8-14           (d)  The department [council] shall promote education of the
8-15     public regarding the incidence and causes of child deaths, the
8-16     public role in preventing child deaths, and specific steps the
8-17     public can undertake to prevent child deaths.  The committee shall
8-18     enlist the support and assistance of civic, philanthropic, and
8-19     public service organizations in the performance of the duties
8-20     imposed under this subsection.
8-21           SECTION 5.  Subsections (b) and (c), Section 264.701, Family
8-22     Code, are amended to read as follows:
8-23           (b)  The committee is appointed by the Board of Protective
8-24     and Regulatory Services and is composed of the following 15
8-25     members:
8-26                 (1)  an officer or employee of the Texas Education
 9-1     Agency;
 9-2                 (2)  two officers or employees [an officer or employee]
 9-3     of the Department of Protective and Regulatory Services;
 9-4                 (3)  an officer or employee of the Texas Juvenile
 9-5     Probation Commission;
 9-6                 (4)  an officer or employee of the Texas Department of
 9-7     Mental Health and Mental Retardation;
 9-8                 (5) [an officer or employee of the Children's Trust
 9-9     Fund of Texas Council;]
9-10                 [(6)]  an officer or employee of the Health and Human
9-11     Services Commission;
9-12                 (6) [(7)]  three members of the public who have
9-13     knowledge of and experience in the area of delivery of services
9-14     relating to child abuse and neglect;
9-15                 (7) [(8)]  three members of the public who have
9-16     knowledge of and experience in the area of evaluation of programs
9-17     relating to the prevention and treatment of child abuse and
9-18     neglect; and
9-19                 (8) [(9)]  three members of the public who are or have
9-20     been recipients of services relating to the prevention or treatment
9-21     of child abuse or neglect.
9-22           (c)  In appointing members to the committee under Subsection
9-23     (b)(8) [(b)(9)], the board shall consider appointing:
9-24                 (1)  an adult who as a child was a recipient of
9-25     services relating to the prevention or treatment of child abuse or
9-26     neglect; and
 10-1                (2)  a custodial and a noncustodial parent of a child
 10-2    who is or was a recipient of services relating to the prevention or
 10-3    treatment of child abuse or neglect.
 10-4          SECTION 6.  Subdivision (4), Section 531.001, Government
 10-5    Code, as added by Chapters 7 and 1460, Acts of the 76th
 10-6    Legislature, Regular Session, 1999, is amended to read as follows:
 10-7                (4)  "Health and human services agencies" includes the:
 10-8                      (A)  Interagency Council on Early Childhood
 10-9    Intervention;
10-10                      (B)  Texas Department on Aging;
10-11                      (C)  Texas Commission on Alcohol and Drug Abuse;
10-12                      (D)  Texas Commission for the Blind;
10-13                      (E)  Texas Commission for the Deaf and Hard of
10-14    Hearing;
10-15                      (F)  Texas Department of Health;
10-16                      (G)  Texas Department of Human Services;
10-17                      (H)  Texas Juvenile Probation Commission;
10-18                      (I)  Texas Department of Mental Health and Mental
10-19    Retardation;
10-20                      (J)  Texas Rehabilitation Commission;
10-21                      (K)  Department of Protective and Regulatory
10-22    Services; and
10-23                      [(L)  Children's Trust Fund of Texas Council.]
10-24                      (L)  Texas Health Care Information Council.
10-25          SECTION 7.  Subsection (b), Section 118.022, Local Government
10-26    Code, is amended to read as follows:
 11-1          (b)  The comptroller shall deposit the money received under
 11-2    this section to the credit of the child abuse and neglect
 11-3    prevention [children's] trust fund established under Section 40.105
 11-4    [74.006], Human Resources Code.
 11-5          SECTION 8.  Chapter 74, Human Resources Code, is repealed.
 11-6          SECTION 9.  (a)  On September 1, 2001, the powers, duties,
 11-7    functions, programs, activities, obligations, rights, contracts,
 11-8    records, employees, property, funds, and appropriations of the
 11-9    Children's Trust Fund of Texas Council shall be transferred to the
11-10    Department of Protective and Regulatory Services.
11-11          (b)  A rule adopted by the Children's Trust Fund of Texas
11-12    Council is a rule of the Department of Protective and Regulatory
11-13    Services with regard to its management of child abuse and neglect
11-14    primary prevention programs under Subchapter D, Chapter 40, Human
11-15    Resources Code, as added by this Act, and remains in effect until
11-16    altered or superseded by a rule of the Department of Protective and
11-17    Regulatory Services.
11-18          SECTION 10.  On September 1, 2001:
11-19                (1)  the Children's Trust Fund of Texas Council is
11-20    abolished; and
11-21                (2)  a reference in law to the Children's Trust Fund of
11-22    Texas Council means the Department of Protective and Regulatory
11-23    Services, and a reference in law to the children's trust fund means
11-24    the child abuse and neglect prevention trust fund.
11-25          SECTION 11.  The abolition of the Children's Trust Fund of
11-26    Texas Council and the transfer of its powers, duties, functions,
 12-1    programs, activities, obligations, rights, contracts, records,
 12-2    property, funds, and employees to the Department of Protective and
 12-3    Regulatory Services does not affect or impair an act done, any
 12-4    obligation, right, criterion, standard, or requirement existing, or
 12-5    any investigation begun under former law, and that law remains in
 12-6    effect for any action concerning those matters.
 12-7          SECTION 12.  For the biennium ending August 31, 2003, the
 12-8    Department of Protective and Regulatory Services may renew funding
 12-9    to entities who are receiving funding in 2001 or who awarded grants
12-10    for 2002 from the Children's Trust Fund of Texas Council without
12-11    the need for competitive procurement.
12-12          SECTION 13.  This Act takes effect September 1, 2001.