79S20053 KLA-F
By: Delisi H.B. No. 18
A BILL TO BE ENTITLED
AN ACT
relating to the expansion of faith- and community-based health and
human services initiatives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 401, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. TEXAS MENTORING INITIATIVE
Sec. 401.151. ESTABLISHMENT AND PURPOSE OF TEXAS MENTORING
INITIATIVE. (a) The office of the governor shall establish the
Texas mentoring initiative to fund activities that:
(1) create or expand mentoring opportunities in this
state;
(2) promote responsible fatherhood and healthy
marriages; and
(3) increase the capacity of faith- and
community-based organizations, as defined by Section 535.001, to
provide mentoring services to persons in this state and increase
the participation of those organizations in providing those
services.
(b) The office of the governor shall administer the Texas
mentoring initiative subject to the availability of funds
appropriated for that purpose.
Sec. 401.152. COORDINATION WITH STATE AGENCIES. To
implement activities of the Texas mentoring initiative, the office
of the governor may coordinate with:
(1) the Health and Human Services Commission;
(2) the Office of the Attorney General;
(3) the Texas Education Agency;
(4) the Texas Workforce Commission; and
(5) other state agencies as appropriate.
Sec. 401.153. COORDINATION WITH OTHER ENTITIES. To better
integrate the activities of the Texas mentoring initiative, the
office of the governor may coordinate those activities with:
(1) agencies of the federal government and political
subdivisions of this state;
(2) faith- and community-based organizations, as
defined by Section 535.001; and
(3) other persons with expertise or interest in
mentoring services.
Sec. 401.154. GRANTS. The office of the governor shall
provide grants through the Texas mentoring initiative to fund
activities that:
(1) expand mentoring opportunities in this state;
(2) provide mentoring to at-risk youth to help those
youth with leadership skills and personal success;
(3) serve children of persons who are incarcerated;
(4) improve school attendance and performance;
(5) promote responsible fatherhood by educating
fathers regarding their critical role with respect to their
families and children;
(6) expand the involvement of businesses, schools, and
faith- and community-based organizations, as defined by Section
535.001, in providing mentoring services and increase partnership
opportunities between those entities and state government;
(7) discourage the use of drugs and alcohol by youth;
(8) promote healthy marriages through education and
marriage skills programs; and
(9) support the renewing our communities account under
Subchapter D, Chapter 535.
SECTION 2. (a) Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.088 to read as follows:
Sec. 531.088. DATABASE OF VOLUNTEER OPPORTUNITIES. (a)
The commission shall establish a searchable Internet database that
lists opportunities throughout this state for volunteers to provide
assistance to agencies of this state in delivering services to
persons in this state and to faith- and community-based
organizations that partner with a state agency to deliver those
services. The commission shall adopt rules regarding:
(1) minimum requirements the state agency or faith- or
community-based organization must meet to submit an opportunity for
listing on the database, including:
(A) the types of volunteer opportunities the
agency or organization may submit; and
(B) the minimum information that must be provided
for a listing on the database; and
(2) the method by which a prospective volunteer may
contact the appropriate person at the agency or organization that
lists an opportunity on the database.
(b) Each state agency that has a faith- and community-based
liaison designated under Section 535.051 shall provide to the
commission information regarding volunteer opportunities described
by Subsection (a) and shall regularly update that information.
(c) The commission may:
(1) provide on the Internet website containing the
database required by this section links to other appropriate
Internet websites that list volunteer opportunities with
charitable organizations; and
(2) create a link to the Internet website containing
the database that a person may download and use on another Internet
website to refer other persons to the database.
(d) The commission may:
(1) directly operate and maintain the database
required by this section; or
(2) contract or partner with another entity for the
operation and maintenance of the database.
(b) The Health and Human Services Commission shall
establish the database of volunteer opportunities required by
Section 531.088, Government Code, as added by this section, not
later than February 1, 2006.
SECTION 3. (a) Subtitle I, Title 4, Government Code, is
amended by adding Chapter 535 to read as follows:
CHAPTER 535. PROVISION OF HUMAN SERVICES THROUGH FAITH- AND
COMMUNITY-BASED ORGANIZATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 535.001. DEFINITIONS. In this chapter:
(1) "Community-based organization" means a nonprofit
corporation or association that is located in close proximity to
the population the organization serves.
(2) "Faith-based organization" means a nonprofit
corporation or association that:
(A) is operated through a religious or
denominational organization, including an organization that is
operated for religious, educational, or charitable purposes and
that is operated, supervised, or controlled, wholly or partly, by
or in connection with a religious organization; or
(B) clearly demonstrates through the
organization's mission statement, policies, or practices that the
organization is guided or motivated by religion.
Sec. 535.002. PURPOSE. The purpose of this chapter is to
strengthen the capacity of faith- and community-based
organizations and to forge stronger partnerships between those
organizations and state government for the legitimate public
purpose of providing charitable and social services to persons in
this state.
Sec. 535.003. CONSTRUCTION. This chapter may not be
construed to:
(1) exempt a faith- or community-based organization
from any applicable state or federal law; or
(2) be an endorsement or sponsorship by this state of
the religious character, expression, beliefs, doctrines, or
practices of a faith-based organization.
Sec. 535.004. APPLICABILITY OF CERTAIN FEDERAL LAW. A
power authorized or duty imposed under this chapter must be
performed in a manner that is consistent with 42 U.S.C. Section
604a.
[Sections 535.005-535.050 reserved for expansion]
SUBCHAPTER B. GOVERNMENTAL LIAISONS FOR FAITH- AND
COMMUNITY-BASED ORGANIZATIONS
Sec. 535.051. DESIGNATION OF FAITH- AND COMMUNITY-BASED
LIAISONS. (a) The executive commissioner, in consultation with
the governor, shall designate one employee from each health and
human services agency to serve as a liaison for faith- and
community-based organizations.
(b) The chief administrative officer of each of the
following state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based organizations:
(1) the Office of Rural Community Affairs;
(2) the Texas Commission on Environmental Quality;
(3) the Texas Department of Criminal Justice;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Texas Education Agency;
(6) the Texas Juvenile Probation Commission;
(7) the Texas Veterans Commission;
(8) the Texas Workforce Commission;
(9) the Texas Youth Commission; and
(10) other state agencies as determined by the
governor.
Sec. 535.052. GENERAL DUTIES OF LIAISONS. A faith- and
community-based liaison designated under Section 535.051 shall:
(1) identify and remove unnecessary barriers to
partnerships between the state agency the liaison represents and
faith- and community-based organizations;
(2) provide information and training, if necessary,
for employees of the state agency the liaison represents regarding
equal opportunity standards for faith- and community-based
organizations seeking to partner with state government;
(3) facilitate the identification of practices with
demonstrated effectiveness for faith- and community-based
organizations that partner with the state agency the liaison
represents;
(4) work with the appropriate departments and programs
of the state agency the liaison represents to conduct outreach
efforts to inform and welcome faith- and community-based
organizations that have not traditionally formed partnerships with
the agency;
(5) coordinate all efforts with the governor's office
of faith-based and community initiatives and provide information,
support, and assistance to that office as requested to the extent
permitted by law and if feasible; and
(6) attend conferences sponsored by federal agencies
and offices and other relevant entities to become and remain
informed of issues and developments regarding faith- and
community-based initiatives.
Sec. 535.053. INTERAGENCY COORDINATING GROUP. (a) The
interagency coordinating group for faith- and community-based
initiatives is composed of each faith- and community-based liaison
designated under Section 535.051.
(b) The interagency coordinating group shall work across
state agencies to facilitate the removal of unnecessary interagency
barriers to partnerships between state agencies and faith- and
community-based organizations.
Sec. 535.054. REPORTS; MEETINGS. (a) A liaison designated
under Section 535.051 shall:
(1) provide periodic reports to the executive
commissioner or other chief executive officer who designated the
liaison, as applicable, on a schedule determined by the person who
designated the liaison; and
(2) report annually to the governor's office of
faith-based and community initiatives regarding the liaison's
efforts to comply with the duties imposed under Sections 535.052
and 535.053.
(b) Each report made under Subsection (a)(2) must be made
available to the public through posting on the office of the
governor's Internet website.
[Sections 535.055-535.100 reserved for expansion]
SUBCHAPTER C. CENTER FOR FAITH- AND COMMUNITY-BASED INITIATIVES
Sec. 535.101. DEFINITIONS. In this subchapter:
(1) "Community-based initiative" means a health or
human services initiative operated by a community-based
organization.
(2) "Faith-based initiative" means a health or human
services initiative operated by a faith-based organization.
(3) "Center" means the center for faith- and
community-based initiatives established under Section 535.102.
Sec. 535.102. ESTABLISHMENT OF CENTER FOR FAITH- AND
COMMUNITY-BASED INITIATIVES. The executive commissioner shall
establish within the commission a center for faith- and
community-based initiatives. The center must be operated in a
manner that promotes effective partnerships between the commission
or a health and human services agency and faith- and
community-based organizations to serve residents of this state who
need assistance.
Sec. 535.103. OPERATION OF CENTER. (a) In consultation
with the governor, the executive commissioner shall appoint a
director for the center.
(b) The commission shall provide the center with
appropriate staff, administrative support services, and other
resources to enable the center to perform the duties imposed under
this subchapter.
Sec. 535.104. GENERAL DUTIES OF CENTER. The center shall:
(1) identify and remove unnecessary barriers to
partnerships between the commission or a health and human services
agency and faith- and community-based organizations;
(2) provide information and training, if necessary,
for employees of the commission and health and human services
agencies regarding equal opportunity standards for faith- and
community-based organizations seeking to partner with state
government;
(3) facilitate the identification of practices with
demonstrated effectiveness for faith- and community-based
organizations that partner with the commission or a health and
human services agency;
(4) based on the practices identified under
Subdivision (3), develop proposals for innovative pilot programs
and initiatives;
(5) work with the appropriate departments and programs
of the commission and health and human services agencies to conduct
outreach efforts to inform and welcome faith- and community-based
organizations that have not traditionally formed partnerships with
the commission or a health and human services agency;
(6) if appropriate, coordinate the use of volunteers
from faith- and community-based organizations in providing health
and human services;
(7) coordinate all efforts with the governor's office
of faith-based and community initiatives and provide information,
support, and assistance to that office as requested to the extent
permitted by law and if feasible;
(8) send representatives to attend conferences
sponsored by federal agencies and offices and other relevant
entities to become and remain informed of issues and developments
regarding faith- and community-based initiatives; and
(9) serve as an informational resource for the
legislature on ongoing efforts by this state to enhance the role of
faith- and community-based organizations in providing human
services through partnerships with state agencies.
Sec. 535.105. REPORTS. (a) The director of the center
shall:
(1) provide periodic reports to the executive
commissioner regarding the center's performance of the duties
imposed under Section 535.104; and
(2) report annually to the governor's office of
faith-based and community initiatives regarding the center's
efforts to perform the duties imposed under Section 535.104 and the
center's outcomes on the performance measures determined by the
center.
(b) Each report made under Subsection (a)(2) must be made
available to the public through posting on the office of the
governor's Internet website.
[Sections 535.106-535.150 reserved for expansion]
SUBCHAPTER D. RENEWING OUR COMMUNITIES ACCOUNT
Sec. 535.151. DEFINITION. In this subchapter, "account"
means the renewing our communities account.
Sec. 535.152. PURPOSES OF SUBCHAPTER. Recognizing that
faith- and community-based organizations provide a range of vital
charitable services to persons in this state, the purposes of this
subchapter are to:
(1) increase the impact and effectiveness of those
organizations;
(2) forge stronger partnerships between those
organizations and state government so that communities are
empowered to serve persons in need and community capacity for
providing services is strengthened; and
(3) create a funding mechanism that builds on the
established efforts of those organizations and operates to create
new partnerships in local communities for the benefit of this
state.
Sec. 535.153. RENEWING OUR COMMUNITIES ACCOUNT. (a) The
renewing our communities account is an account in the general
revenue fund that may be appropriated only to the commission for the
purposes and activities authorized by this subchapter and for
reasonable administrative expenses under this subchapter.
(b) The account consists of:
(1) all money appropriated for the purposes of this
subchapter;
(2) any gifts, grants, or donations received for the
purposes of this subchapter; and
(3) interest earned on money in the account.
(c) The account is exempt from the application of Section
403.095.
(d) The purposes of the account are to:
(1) increase the capacity of and strengthen faith- and
community-based organizations to provide charitable services to
persons in this state who are in need of those services;
(2) assist local governmental entities in
establishing local offices for faith- and community-based
initiatives;
(3) foster better partnerships between state
government and faith- and community-based organizations to provide
charitable services to persons in this state; and
(4) leverage state and local resources to acquire
federal or private grant funds to provide charitable services in
this state.
Sec. 535.154. POWERS AND DUTIES REGARDING ACCOUNT. (a) The
commission shall:
(1) develop and implement a competitive process for
awarding grants from the account that is consistent with state law
and includes objective selection criteria;
(2) oversee the delivery of training and other
assistance activities under this subchapter;
(3) develop criteria limiting awards of grants under
Subsection (b)(1) to small and medium-sized faith- and
community-based organizations that provide charitable services to
persons in this state;
(4) establish general state priorities for the
account; and
(5) establish and monitor performance and outcome
measures for persons to whom grants are awarded under this
subchapter.
(b) The commission may:
(1) award grants from the account to faith- and
community-based organizations that provide charitable services to
persons in this state for capacity-building purposes;
(2) directly, or through agreements with one or more
entities that serve faith- and community-based organizations that
provide charitable services to persons in this state:
(A) assist faith- and community-based
organizations with:
(i) writing or managing grants through
workshops or other forms of guidance;
(ii) obtaining legal assistance related to
forming a corporation or obtaining an exemption from taxation under
the Internal Revenue Code; and
(iii) obtaining information about or
referrals to entities that provide expertise in accounting, legal,
or tax issues, program development matters, or other organizational
topics;
(B) provide information or assistance to faith-
and community-based organizations related to building the
organizations' capacity for providing services;
(C) facilitate the formation of networks, the
coordination of services, and the sharing of resources among faith-
and community-based organizations;
(D) in cooperation with existing efforts, if
possible, conduct needs assessments to identify gaps in services in
a community that present a need for developing or expanding
services;
(E) work with faith- and community-based
organizations to identify the organizations' needs for
improvements in their internal capacity for providing services;
(F) provide faith- and community-based
organizations with information on and assistance in identifying or
using practices with demonstrated effectiveness for delivering
charitable services to persons, families, and communities and in
replicating charitable services programs that have demonstrated
effectiveness; and
(G) encourage research into the impact of
organizational capacity on program delivery for faith- and
community-based organizations;
(3) award grants from the account to local
governmental entities to provide seed money for local offices for
faith- and community-based initiatives;
(4) assist a local governmental entity in creating a
better partnership between government and faith- and
community-based organizations to provide charitable services to
persons in this state;
(5) use the account to provide matching money for
federal or private grant programs that further the purposes of the
account as described by Section 535.153(d); and
(6) contract with the governor's office of faith-based
and community initiatives to administer programs or perform duties
or activities under this subchapter.
Sec. 535.155. FAITH- AND COMMUNITY-BASED INITIATIVES
ADVISORY COMMITTEE. (a) The executive commissioner shall appoint
faith and community leaders in this state to serve on the faith- and
community-based initiatives advisory committee. The advisory
committee members must be representative of the religious and
cultural diversity of this state.
(b) The advisory committee shall make recommendations to
the executive commissioner regarding the executive commissioner's
powers and duties with respect to the account as described by
Section 535.154.
(c) Except as otherwise provided by this subsection, the
advisory committee shall meet at least twice each calendar year.
The advisory committee is not required to meet if the remaining
amount appropriated from the account to the commission for the
state fiscal biennium is insufficient for the performance of any
duties or activities under this subchapter.
(d) Chapter 2110 does not apply to the advisory committee.
(e) The advisory committee is subject to Chapter 551.
(b) The executive commissioner of the Health and Human
Services Commission and the chief executive officers of the Office
of Rural Community Affairs, the Texas Commission on Environmental
Quality, the Texas Department of Criminal Justice, the Texas
Department of Housing and Community Affairs, the Texas Education
Agency, the Texas Juvenile Probation Commission, the Texas Veterans
Commission, the Texas Workforce Commission, the Texas Youth
Commission, and any other state agency as determined by the
governor shall designate the liaisons for faith- and
community-based initiatives as required under Section 535.051,
Government Code, as added by this section, not later than December
1, 2005.
(c) The executive commissioner of the Health and Human
Services Commission shall appoint the director of the center for
faith- and community-based initiatives as required by Section
535.103, Government Code, as added by this section, not later than
December 15, 2005.
(d) The center for faith- and community-based initiatives
established under Section 535.102, Government Code, as added by
this section, shall file a report with the governor's office of
faith-based and community initiatives not later than February 15,
2006, that includes the center's performance measures on which the
center will report its outcomes in each annual report under Section
535.105, Government Code, as added by this section.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.