|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the expansion of faith- and community-based health and |
|
human services and social services initiatives. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. (a) Subtitle I, Title 4, Government Code, is |
|
amended by adding Chapter 535 to read as follows: |
|
CHAPTER 535. PROVISION OF HUMAN SERVICES AND OTHER |
|
SOCIAL SERVICES THROUGH FAITH- AND COMMUNITY-BASED ORGANIZATIONS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 535.001. DEFINITIONS. In this chapter: |
|
(1) "Community-based initiative" includes a social, |
|
health, human services, or volunteer income tax assistance |
|
initiative operated by a community-based organization. |
|
(2) "Community-based organization" means a nonprofit |
|
corporation or association that is located in close proximity to |
|
the population the organization serves. |
|
(3) "Faith-based initiative" means a social, health, |
|
or human services initiative operated by a faith-based |
|
organization. |
|
(4) "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. |
|
(5) "State Commission on National and Community |
|
Service" means the entity used as authorized by 42 U.S.C. Section |
|
12638(a) to carry out the duties of a state commission under the |
|
National and Community Service Act of 1990 (42 U.S.C. Section 12501 |
|
et seq.). |
|
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 the commission and |
|
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) 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 as 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. |
|
(b) A faith- and community-based liaison designated under |
|
Section 535.051 may coordinate and interact with statewide |
|
organizations that represent faith- or community-based |
|
organizations as necessary to accomplish the purposes of this |
|
chapter. |
|
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 and a liaison from the State |
|
Commission on National and Community Service. |
|
(b) The commission employee designated as a liaison under |
|
Section 535.051 is the presiding officer of the interagency |
|
coordinating group. |
|
(c) The interagency coordinating group shall: |
|
(1) meet periodically at the call of the presiding |
|
officer; |
|
(2) work across state agencies and with the State |
|
Commission on National and Community Service to facilitate the |
|
removal of unnecessary interagency barriers to partnerships |
|
between state agencies and faith- and community-based |
|
organizations; and |
|
(3) operate in a manner that promotes effective |
|
partnerships between those agencies and organizations to serve |
|
residents of this state who need assistance. |
|
Sec. 535.054. REPORTS. (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- and community-based initiatives and as necessary to the |
|
State Commission on National and Community Service 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, and the reports may be aggregated into |
|
a single report for that purpose. |
|
[Sections 535.055-535.100 reserved for expansion] |
|
SUBCHAPTER C. RENEWING OUR COMMUNITIES ACCOUNT |
|
Sec. 535.101. DEFINITION. In this subchapter, "account" |
|
means the renewing our communities account. |
|
Sec. 535.102. 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. 535.103. 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 faith- and |
|
community-based organizations to provide charitable services and |
|
to manage human resources and funds; |
|
(2) assist local governmental entities in |
|
establishing local offices to promote faith- and community-based |
|
initiatives; and |
|
(3) foster better partnerships between state |
|
government and faith- and community-based organizations. |
|
Sec. 535.104. POWERS AND DUTIES REGARDING ACCOUNT. (a) The |
|
commission shall: |
|
(1) contract with the State Commission on National and |
|
Community Service to administer funds appropriated from the account |
|
in a manner that: |
|
(A) consolidates the capacity of and strengthens |
|
national service and community and faith- and community-based |
|
initiatives; and |
|
(B) leverages public and private funds to benefit |
|
this state; |
|
(2) develop a competitive process to be used in |
|
awarding grants from account funds that is consistent with state |
|
law and includes objective selection criteria; |
|
(3) oversee the delivery of training and other |
|
assistance activities under this subchapter; |
|
(4) develop criteria limiting awards of grants under |
|
Section 535.105(1)(A) to small and medium-sized faith- and |
|
community-based organizations that provide charitable services to |
|
persons in this state; |
|
(5) establish general state priorities for the |
|
account; |
|
(6) establish and monitor performance and outcome |
|
measures for persons to whom grants are awarded under this |
|
subchapter; |
|
(7) establish policies and procedures to ensure that |
|
any money appropriated from the account to the commission that is |
|
allocated to build the capacity of a faith-based organization or |
|
for a faith-based initiative, including money allocated for the |
|
establishment of the advisory committee under Section 535.108, is |
|
not used to advance a sectarian purpose or to engage in any form of |
|
proselytization; and |
|
(8) establish policies and procedures to ensure that |
|
any money appropriated from the account to the commission that is |
|
allocated to an organization or initiative that receives a grant or |
|
assistance under this chapter may not discriminate on the basis of |
|
race, religion, color, national origin, sex, age, sexual |
|
orientation, or political affiliation, or on the basis of |
|
disability, against: |
|
(A) an employee or volunteer of such organization |
|
or initiative; or |
|
(B) a recipient of services provided by such |
|
organization or initiative. |
|
(b) Instead of contracting with the State Commission on |
|
National and Community Service under Subsection (a)(1), the |
|
commission may award account funds appropriated to the commission |
|
to the State Commission on National and Community Service in the |
|
form of a grant. |
|
(c) Any funds awarded to the State Commission on National |
|
and Community Service under a contract or through a grant under this |
|
section must be administered in the manner required by this |
|
subchapter, including Subsection (a)(1). |
|
(d) The commission or the State Commission on National and |
|
Community Service, in accordance with the terms of the contract or |
|
grant, as applicable, may: |
|
(1) 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; |
|
(2) 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; and |
|
(3) use funds appropriated from the account to provide |
|
matching money for federal or private grant programs that further |
|
the purposes of the account as described by Section 535.103(d). |
|
(e) The commission shall monitor the use of the funds |
|
administered by the State Commission on National and Community |
|
Service under a contract or through a grant under this section to |
|
ensure that the funds are used in a manner consistent with the |
|
requirements of this subchapter. Records relating to the award of a |
|
contract or grant to the State Commission on National and Community |
|
Service, or to grants awarded by that entity, and records relating |
|
to other uses of the funds are public information subject to Chapter |
|
552. |
|
(f) If the commission contracts with or awards a grant to |
|
the State Commission on National and Community Service under this |
|
section, this subchapter may not be construed to: |
|
(1) release that entity from any regulations or |
|
reporting or other requirements applicable to a contractor or |
|
grantee of the commission; |
|
(2) impose regulations or reporting or other |
|
requirements on that entity that do not apply to other contractors |
|
or grantees of the commission solely because of the entity's |
|
status; |
|
(3) alter the nonprofit status of that entity or the |
|
requirements for maintaining that status; or |
|
(4) convert that entity into a governmental entity |
|
because of the receipt of account funds through the contract or |
|
grant. |
|
Sec. 535.105. ADMINISTRATION OF ACCOUNT FUNDS. If under |
|
Section 535.104 the commission contracts with or awards a grant to |
|
the State Commission on National and Community Service, that |
|
entity: |
|
(1) may award grants from funds appropriated from the |
|
account to: |
|
(A) faith- and community-based organizations |
|
that provide charitable services to persons in this state for |
|
capacity-building purposes; and |
|
(B) local governmental entities to provide seed |
|
money for local offices for faith- and community-based initiatives; |
|
and |
|
(2) shall monitor performance and outcome measures for |
|
persons to whom that entity awards grants using the measures |
|
established by the commission under Section 535.104(a)(6). |
|
Sec. 535.106. REPORTS AND PUBLIC INFORMATION. (a) The |
|
commission shall provide a link on the commission's Internet |
|
website to the Internet website of the State Commission on National |
|
and Community Service if the commission contracts with or awards a |
|
grant to that entity under Section 535.104. The entity's Internet |
|
website must provide: |
|
(1) a list of the names of each person to whom the |
|
entity awarded a grant from money appropriated from the account and |
|
the amount and purpose of the grant; and |
|
(2) information regarding the methods by which the |
|
public may request information about those grants. |
|
(b) If awarded a contract or grant under Section 535.104, |
|
the State Commission on National and Community Service must provide |
|
to the commission periodic reports on a schedule determined by the |
|
executive commissioner. The schedule of periodic reports must |
|
include an annual report that includes: |
|
(1) a specific accounting with respect to the use by |
|
that entity of money appropriated from the account, including the |
|
names of persons to whom grants have been awarded and the purposes |
|
of those grants; and |
|
(2) a summary of the efforts of the faith- and |
|
community-based liaisons designated under Section 535.051 to |
|
comply with the duties imposed by and the purposes of Sections |
|
535.052 and 535.053. |
|
(c) The commission shall post the annual report made under |
|
Subsection (b) on the commission's Internet website and shall |
|
provide copies of the report to the governor, the lieutenant |
|
governor, and the members of the legislature. |
|
Sec. 535.107. TASK FORCE ON STRENGTHENING NONPROFIT |
|
CAPACITY. (a) The executive commissioner, in consultation with |
|
the governor, shall establish a task force to make recommendations |
|
for strengthening the capacity of faith- and community-based |
|
organizations for managing human resources and funds and providing |
|
services. The members of the task force must include: |
|
(1) representatives from state agencies, nonprofit |
|
organizations, the academic community, and the foundation |
|
community; and |
|
(2) other individuals who have expertise that would be |
|
valuable to the task force. |
|
(b) Using money appropriated from the account, the task |
|
force shall hold at least three public hearings in various |
|
geographic areas of this state, at least one of which must be |
|
outside of Central Texas. The task force shall hear testimony at |
|
the hearings regarding strengthening the capacity of faith- and |
|
community-based organizations to manage human resources and funds |
|
and provide services. |
|
(c) The task force is not required to hold a public hearing |
|
if the remaining money appropriated from the account to the |
|
commission for the state fiscal biennium is insufficient for the |
|
performance of the duties or activities under this subchapter. |
|
(d) The task force shall present a report and legislative |
|
recommendations to the House Committee on Human Services or its |
|
successor, the House Committee on Public Health or its successor, |
|
and the Senate Health and Human Services Committee or its successor |
|
not later than September 1, 2010, regarding its recommendations. |
|
(e) This section expires September 1, 2011. |
|
Sec. 535.108. RENEWING OUR COMMUNITIES ACCOUNT ADVISORY |
|
COMMITTEE. (a) The executive commissioner shall appoint leaders |
|
of faith- and community-based organizations in this state to serve |
|
on the renewing our communities account advisory committee. The |
|
advisory committee members must be representative of the religious, |
|
cultural, and geographic diversity of this state and the diversity |
|
of organization types and sizes in this state. |
|
(b) The advisory committee shall make recommendations to |
|
the executive commissioner regarding the powers and duties with |
|
respect to the account as described by Section 535.104. |
|
(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, 2009. |
|
(c) The interagency coordinating group established under |
|
Section 535.053, Government Code, as added by this section, shall |
|
hold its first meeting not later than February 1, 2010. |
|
SECTION 2. 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 3. 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, 2009. |
|
|
|
* * * * * |