80R2121 KLA-F

By: Nelson S.B. No. 200

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, 2008.

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, 2007.

(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, 2007.

(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, 2008, 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 September 1, 2007.