1-1 By: Duncan S.B. No. 1475
1-2 (In the Senate - Filed March 9, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 4, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 4, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1475 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the abolition of the Children's Trust Fund of Texas
1-11 Council and to the transfer of its powers and duties to the
1-12 Department of Protective and Regulatory Services.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 40, Human Resources Code, is amended by
1-15 adding Subchapter D to read as follows:
1-16 SUBCHAPTER D. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS
1-17 Sec. 40.101. DEFINITIONS. In this subchapter:
1-18 (1) "Children's trust fund" means a child abuse and
1-19 neglect primary prevention program.
1-20 (2) "Primary prevention" means services and activities
1-21 available to the community at large or to families to prevent child
1-22 abuse and neglect before it occurs.
1-23 (3) "Operating fund" means the Department of
1-24 Protective and Regulatory Services child abuse and neglect
1-25 prevention operating fund.
1-26 (4) "State agency" means a board, commission,
1-27 department, office, or other state agency that:
1-28 (A) is in the executive branch of the state
1-29 government;
1-30 (B) was created by the constitution or a statute
1-31 of this state; and
1-32 (C) has statewide jurisdiction.
1-33 (5) "Trust fund" means the child abuse and neglect
1-34 prevention trust fund.
1-35 Sec. 40.102. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION
1-36 PROGRAMS. (a) The department shall operate the children's trust
1-37 fund to:
1-38 (1) set policy, offer resources for community primary
1-39 prevention programs, and provide information and education on
1-40 prevention of child abuse and neglect;
1-41 (2) develop a state plan for expending funds for child
1-42 abuse and neglect primary prevention programs that includes an
1-43 annual schedule of transfers of trust fund money to the operating
1-44 fund;
1-45 (3) develop eligibility criteria for applicants
1-46 requesting funding for child abuse and neglect primary prevention
1-47 programs; and
1-48 (4) establish funding priorities for child abuse and
1-49 neglect primary prevention programs.
1-50 (b) The children's trust fund shall accommodate the
1-51 department's existing rules and policies in procuring, awarding,
1-52 and monitoring contracts and grants.
1-53 (c) The department may:
1-54 (1) apply for and receive funds made available by the
1-55 federal government or another public or private source for
1-56 administering programs under this subchapter and for funding for
1-57 child abuse and neglect primary prevention programs; and
1-58 (2) solicit donations for child abuse and neglect
1-59 primary prevention programs.
1-60 Sec. 40.104. ADMINISTRATIVE AND OTHER COSTS.
1-61 (a) Administrative costs under this subchapter during any fiscal
1-62 year may not exceed an amount equal to 50 percent of the interest
1-63 credited to the trust fund during the preceding fiscal year.
1-64 (b) Funds expended under a special project grant from a
2-1 governmental source or a nongovernmental source for public
2-2 education or public awareness may not be counted as administrative
2-3 costs for the purposes of this section.
2-4 Sec. 40.105. CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND.
2-5 (a) The child abuse and neglect prevention trust fund is
2-6 established as a trust fund in the state treasury.
2-7 (b) The legislature may not appropriate the money contained
2-8 in the trust fund.
2-9 (c) The department may transfer money contained in the trust
2-10 fund to the operating fund at any time. However, during a fiscal
2-11 year the department may not transfer more than the amount deposited
2-12 to the credit of the trust fund from any source, including interest
2-13 and the amount credited under Section 118.022, Local Government
2-14 Code, during the preceding fiscal year. Money transferred to the
2-15 operating fund that was originally deposited to the credit of the
2-16 trust fund under Section 118.022, Local Government Code, may be
2-17 used only for child abuse and neglect primary prevention programs.
2-18 (d) Money in the trust fund may be invested and shall be
2-19 accounted for separately from other funds in the state treasury.
2-20 The investment of funds must be consistent with the comptroller's
2-21 authority to invest funds under Section 404.024, Government Code.
2-22 After the deduction of investment-related expenses, net income and
2-23 interest earned on money in the trust fund shall be deposited to
2-24 the credit of the trust fund.
2-25 Sec. 40.106. DEPARTMENT OPERATING FUND. (a) The Department
2-26 of Protective and Regulatory Services child abuse and neglect
2-27 prevention operating fund is a special fund in the state treasury.
2-28 (b) Administrative and other costs allowed in Section 40.104
2-29 shall be taken from the operating fund. The department may
2-30 transfer funds contained in the operating fund to the trust fund at
2-31 any time.
2-32 (c) The legislature may appropriate the money in the
2-33 operating fund to carry out the provisions of this subchapter.
2-34 Sec. 40.107. CONTRIBUTIONS. (a) The department may solicit
2-35 contributions from any appropriate source.
2-36 (b) Any other contributions for child abuse and neglect
2-37 primary prevention or other prevention and early intervention
2-38 programs shall be deposited into a separate designated fund in the
2-39 state treasury and shall be used for that designated purpose.
2-40 (c) A person may contribute funds to either the trust fund,
2-41 the operating fund, or a fund designated by the department for a
2-42 specific child abuse and neglect primary prevention or other
2-43 prevention or early intervention purpose.
2-44 (d) If a person designates that a contribution is intended
2-45 as a donation to a specific fund, the contribution shall be
2-46 deposited in the designated fund.
2-47 SECTION 2. Section 264.501, Family Code, is amended to read
2-48 as follows:
2-49 Sec. 264.501. DEFINITIONS. In this subchapter:
2-50 (1) "Autopsy" and "inquest" have the meanings assigned
2-51 by Article 49.01, Code of Criminal Procedure.
2-52 (2) "Bureau of vital statistics" means the bureau of
2-53 vital statistics of the Texas Department of Health.
2-54 (3) "Child" means a person younger than 18 years of
2-55 age.
2-56 (4) "Committee" means the child fatality review team
2-57 committee.
2-58 (5) ["Council" means the Children's Trust Fund of
2-59 Texas Council.]
2-60 [(6)] "Department" means the Department of Protective
2-61 and Regulatory Services.
2-62 (6) [(7)] "Health care provider" means any health care
2-63 practitioner or facility that provides medical evaluation or
2-64 treatment, including dental and mental health evaluation or
2-65 treatment.
2-66 (7) [(8)] "Meeting" means an in-person meeting or a
2-67 meeting held by telephone or other electronic medium.
2-68 (8) [(9)] "Preventable death" means a death that may
2-69 have been prevented by reasonable medical, social, legal,
3-1 psychological, or educational intervention. The term includes the
3-2 death of a child from:
3-3 (A) intentional or unintentional injuries;
3-4 (B) medical neglect;
3-5 (C) lack of access to medical care;
3-6 (D) neglect and reckless conduct, including
3-7 failure to supervise and failure to seek medical care; and
3-8 (E) premature birth associated with any factor
3-9 described by Paragraphs (A) through (D).
3-10 (9) [(10)] "Review" means a reexamination of
3-11 information regarding a deceased child from relevant agencies,
3-12 professionals, and health care providers.
3-13 (10) [(11)] "Review team" means a child fatality
3-14 review team established under this subchapter.
3-15 (11) [(12)] "Unexpected death" includes a death of a
3-16 child that, before investigation:
3-17 (A) appears to have occurred without
3-18 anticipation or forewarning; and
3-19 (B) was caused by trauma, suspicious or obscure
3-20 circumstances, sudden infant death syndrome, abuse or neglect, or
3-21 an unknown cause.
3-22 SECTION 3. Subsections (a), (b), and (h), Section 264.502,
3-23 Family Code, are amended to read as follows:
3-24 (a) The child fatality review team committee is composed of:
3-25 (1) a person appointed by and representing the state
3-26 registrar for the bureau of vital statistics;
3-27 (2) a person appointed by and representing the
3-28 director of protective services for families and children of the
3-29 department;
3-30 (3) a person appointed by and representing the
3-31 director of the bureau of epidemiology of the Texas Department of
3-32 Health; and
3-33 (4) [a person appointed by and representing the
3-34 executive director of the council; and]
3-35 [(5)] individuals selected under Subsection (b).
3-36 (b) The members of the committee who serve under Subsections
3-37 (a)(1) through (3) [(4)] shall select the following additional
3-38 committee members:
3-39 (1) a criminal prosecutor involved in prosecuting
3-40 crimes against children;
3-41 (2) a sheriff;
3-42 (3) a justice of the peace;
3-43 (4) a medical examiner;
3-44 (5) a police chief;
3-45 (6) a pediatrician experienced in diagnosing and
3-46 treating child abuse and neglect;
3-47 (7) a child educator;
3-48 (8) a child mental health provider;
3-49 (9) a public health professional;
3-50 (10) a child protective services specialist;
3-51 (11) a sudden infant death syndrome family service
3-52 provider;
3-53 (12) a neonatologist;
3-54 (13) a child advocate; and
3-55 (14) a chief juvenile probation officer.
3-56 (h) A member of the committee is not entitled to
3-57 compensation for serving on the committee but is entitled to
3-58 reimbursement for the member's travel expenses as provided in the
3-59 General Appropriations Act. Reimbursement under this subsection
3-60 for a person serving on the committee under Subsection (a)(1) or
3-61 (3) shall be paid from funds appropriated to the Texas Department
3-62 of Health. Reimbursement for other persons serving on the
3-63 committee shall be paid [equally] from funds appropriated to the
3-64 department [and funds appropriated to the council].
3-65 SECTION 4. Subsections (b) and (d), Section 264.503, Family
3-66 Code, are amended to read as follows:
3-67 (b) To ensure that the committee achieves its purpose, the
3-68 department[, the council,] and the Texas Department of Health shall
3-69 perform the duties specified by this section.
4-1 (d) The department [council] shall promote education of the
4-2 public regarding the incidence and causes of child deaths, the
4-3 public role in preventing child deaths, and specific steps the
4-4 public can undertake to prevent child deaths. The committee shall
4-5 enlist the support and assistance of civic, philanthropic, and
4-6 public service organizations in the performance of the duties
4-7 imposed under this subsection.
4-8 SECTION 5. Subsections (b) and (c), Section 264.701, Family
4-9 Code, are amended to read as follows:
4-10 (b) The committee is appointed by the Board of Protective
4-11 and Regulatory Services and is composed of the following 15
4-12 members:
4-13 (1) an officer or employee of the Texas Education
4-14 Agency;
4-15 (2) two officers or employees [an officer or employee]
4-16 of the Department of Protective and Regulatory Services;
4-17 (3) an officer or employee of the Texas Juvenile
4-18 Probation Commission;
4-19 (4) an officer or employee of the Texas Department of
4-20 Mental Health and Mental Retardation;
4-21 (5) [an officer or employee of the Children's Trust
4-22 Fund of Texas Council;]
4-23 [(6)] an officer or employee of the Health and Human
4-24 Services Commission;
4-25 (6) [(7)] three members of the public who have
4-26 knowledge of and experience in the area of delivery of services
4-27 relating to child abuse and neglect;
4-28 (7) [(8)] three members of the public who have
4-29 knowledge of and experience in the area of evaluation of programs
4-30 relating to the prevention and treatment of child abuse and
4-31 neglect; and
4-32 (8) [(9)] three members of the public who are or have
4-33 been recipients of services relating to the prevention or treatment
4-34 of child abuse or neglect.
4-35 (c) In appointing members to the committee under Subsection
4-36 (b)(8) [(b)(9)], the board shall consider appointing:
4-37 (1) an adult who as a child was a recipient of
4-38 services relating to the prevention or treatment of child abuse or
4-39 neglect; and
4-40 (2) a custodial and a noncustodial parent of a child
4-41 who is or was a recipient of services relating to the prevention or
4-42 treatment of child abuse or neglect.
4-43 SECTION 6. Subdivision (4), Section 531.001, Government
4-44 Code, as added by Chapters 7 and 1460, Acts of the 76th
4-45 Legislature, Regular Session, 1999, is amended to read as follows:
4-46 (4) "Health and human services agencies" includes the:
4-47 (A) Interagency Council on Early Childhood
4-48 Intervention;
4-49 (B) Texas Department on Aging;
4-50 (C) Texas Commission on Alcohol and Drug Abuse;
4-51 (D) Texas Commission for the Blind;
4-52 (E) Texas Commission for the Deaf and Hard of
4-53 Hearing;
4-54 (F) Texas Department of Health;
4-55 (G) Texas Department of Human Services;
4-56 (H) Texas Juvenile Probation Commission;
4-57 (I) Texas Department of Mental Health and Mental
4-58 Retardation;
4-59 (J) Texas Rehabilitation Commission;
4-60 (K) Department of Protective and Regulatory
4-61 Services; and
4-62 [(L) Children's Trust Fund of Texas Council.]
4-63 (L) Texas Health Care Information Council.
4-64 SECTION 7. Subsection (b), Section 118.022, Local Government
4-65 Code, is amended to read as follows:
4-66 (b) The comptroller shall deposit the money received under
4-67 this section to the credit of the child abuse and neglect
4-68 prevention [children's] trust fund established under Section 40.105
4-69 [74.006], Human Resources Code.
5-1 SECTION 8. Chapter 74, Human Resources Code, is repealed.
5-2 SECTION 9. (a) On September 1, 2001, the powers, duties,
5-3 functions, programs, activities, obligations, rights, contracts,
5-4 records, employees, property, funds, and appropriations of the
5-5 Children's Trust Fund of Texas Council shall be transferred to the
5-6 Department of Protective and Regulatory Services.
5-7 (b) A rule adopted by the Children's Trust Fund of Texas
5-8 Council is a rule of the Department of Protective and Regulatory
5-9 Services with regard to its management of child abuse and neglect
5-10 primary prevention programs under Subchapter D, Chapter 40, Human
5-11 Resources Code, as added by this Act, and remains in effect until
5-12 altered or superseded by a rule of the Department of Protective and
5-13 Regulatory Services.
5-14 SECTION 10. On September 1, 2001:
5-15 (1) the Children's Trust Fund of Texas Council is
5-16 abolished; and
5-17 (2) a reference in law to the Children's Trust Fund of
5-18 Texas Council means the Department of Protective and Regulatory
5-19 Services, and a reference in law to the children's trust fund means
5-20 the child abuse and neglect prevention trust fund.
5-21 SECTION 11. The abolition of the Children's Trust Fund of
5-22 Texas Council and the transfer of its powers, duties, functions,
5-23 programs, activities, obligations, rights, contracts, records,
5-24 property, funds, and employees to the Department of Protective and
5-25 Regulatory Services does not affect or impair an act done, any
5-26 obligation, right, criterion, standard, or requirement existing, or
5-27 any investigation begun under former law, and that law remains in
5-28 effect for any action concerning those matters.
5-29 SECTION 12. For the biennium ending August 31, 2003, the
5-30 Department of Protective and Regulatory Services may renew funding
5-31 to entities who are receiving funding in 2001 or who awarded grants
5-32 for 2002 from the Children's Trust Fund of Texas Council without
5-33 the need for competitive procurement.
5-34 SECTION 13. This Act takes effect September 1, 2001.
5-35 * * * * *