Human Resources Code

(2) "Executive director" means the executive director of the Children's Trust Fund of Texas Council.

(3) "Operating fund" means the Children's Trust Fund of Texas Council operating fund.

(4) "State agency" means a board, commission, department, office, or other state agency that:

Amended by Acts 1991, 72nd Leg., ch. 117, � 2, eff. May 19, 1991; Acts 1999, 76th Leg., ch. 7, � 1, eff. Sept. 1, 1999.

(b) The council is composed of nine persons appointed by the governor with the advice and consent of the senate. An appointee must have demonstrated concern for child abuse and neglect. Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(c) Each member of the council must be a representative of the general public. A person may not be a member if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization receiving money from the council;

(2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving money from the council; or

(3) uses or receives a substantial amount of tangible goods, services, or money from the council other than compensation or reimbursement authorized by law for council membership, attendance, or expenses.

(d) The members serve staggered terms of six years with the terms of three members expiring every odd-numbered year. A person who has served a full six-year term is not eligible for reappointment to another consecutive six-year term.

(f) The council shall meet twice each year and at the call of the presiding officer.

(g) Members of the council receive no compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing their duties.

Added by Acts 1985, 69th Leg., ch. 420, � 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 729, � 1, eff. June 19, 1987.

Amended by Acts 1991, 72nd Leg., ch. 117, � 3, eff. May 19, 1991; Acts 1999, 76th Leg., ch. 7, � 1, eff. Sept. 1, 1999.

(2) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(3) is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the council.

(b) The validity of an action of the council is not affected by the fact that it is taken when a ground for removal of a council member exists.

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the council of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the council, who shall then notify the governor and the attorney general that a potential ground for removal exists.

(a) A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as a member in attendance at a meeting of the council until the person completes a training program that complies with this section.

(4) the rules of the council with an emphasis on the rules that relate to disciplinary and investigatory authority;

(D) other laws relating to public officials, including conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the council or the Texas Ethics Commission.

(c) A person appointed to the council is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

(1) develop a state plan for expending funds for child abuse and neglect prevention programs that includes an annual schedule of transfers of trust fund money to the operating fund;

(2) develop eligibility criteria for applicants for grants to fund child abuse and neglect prevention programs;

(4) establish funding priorities for child abuse and neglect prevention programs;

(6) establish guidelines to ensure fair distribution of grants between rural and urban areas of the state;

(8) review grant proposals submitted to the council and approve or deny those grants;

(9) monitor the expenditure of funds for child abuse and neglect prevention programs;

(11) adopt rules and employ an executive director and other necessary staff to implement this chapter;

(12) develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the executive director and the staff of the council; and

(13) develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to speak on any issue under the jurisdiction of the council.

(1) apply for and receive funds made available by the federal or state government or by another public or private source, which funds may be designated and expended for administrative purposes and for grants for child abuse and neglect prevention programs, and which may be deposited in either the trust fund or the operating fund, as appropriate; and

Added by Acts 1985, 69th Leg., ch. 420, � 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 729, � 2, eff. June 19, 1987.

Amended by Acts 1991, 72nd Leg., ch. 117, � 4, eff. May 19, 1991; Acts 1995, 74th Leg., ch. 902, � 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 7, � 1, eff. Sept. 1, 1999.

The executive director or the executive director's designee shall provide to members of the council and to council employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the council to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2) an analysis of the extent to which the composition of the council's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(2) be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and

(a) The council shall maintain a file on each written complaint filed with the council. The file must include:

(5) a summary of the results of the review or investigation of the complaint; and

(6) an explanation of the reason the file was closed, if the council closed the file without taking action other than to investigate the complaint.

(b) The council shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the council's policies and procedures relating to complaint investigation and resolution.

(c) The council, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.

(a) Subject to the availability of funds, the council shall provide grants for voluntary, community-based, early parenting skills programs in at least three different geographic areas of this state.

(b) To be eligible for a grant, an early parenting skills program must serve expectant parents and families with one or more children three years of age or younger.

(1) educate expectant parents and parents about the physical, mental, and emotional development of children and about how to promote children's learning and development;

(3) purchase educational materials that expectant parents and parents may borrow for home use;

(4) provide group emotional support, including support for parents under stress;

(d) The council shall review the programs periodically to ensure that program instruction and materials are not racially, culturally, or sexually biased.

(e) The funded programs shall cooperate with schools and other social services programs to avoid duplication of services.

(a) Administrative costs during any fiscal year may not exceed an amount equal to 50 percent of the interest credited to the trust fund during the preceding fiscal year.

(b) Funds expended under a special project grant from a nongovernmental source or a governmental source for public education or public awareness may not be counted as administrative costs for the purposes of this section.

Added by Acts 1985, 69th Leg., ch. 420, � 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 729, � 3, eff. June 19, 1987.

Amended by Acts 1991, 72nd Leg., ch. 117, � 5, eff. May 19, 1991; Acts 1995, 74th Leg., ch. 902, � 2, eff. Sept. 1, 1995.

(a) The children's trust fund is established as a trust fund in the State Treasury.

(c) The council may transfer money contained in the trust fund to the operating fund at any time. However, during a fiscal year the council may not transfer more than the amount deposited to the credit of the fund from any source, including interest and the amount credited under Section 118.022, Local Government Code, during the preceding fiscal year. Money transferred to the operating fund that was originally deposited to the credit of the trust fund under Section 118.022, Local Government Code, may be used only for child abuse and neglect prevention programs. The council may also transfer funds contained in the operating fund to the trust fund at any time.

(d) Money in the trust fund may be invested and shall be accounted for separately from other funds in the treasury. The council may direct the investment of funds consistent with the comptroller's authority to invest funds under Section 404.024, Government Code. After the deduction of investment related expenses, net income and interest earned on money in the trust fund shall be deposited to the credit of the trust fund.

Added by Acts 1985, 69th Leg., ch. 420, � 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 729, � 4, eff. June 19, 1987.

Amended by Acts 1995, 74th Leg., ch. 902, � 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1035, � 72, eff. Sept. 1, 1997.

(a) The Children's Trust Fund of Texas Council operating fund is a special fund in the state treasury.

(b) Administrative and other costs allowed in Section 74.005 shall be taken from the operating fund. The council may also transfer funds contained in the operating fund to the trust fund at any time.

Added by Acts 1985, 69th Leg., ch. 420, � 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 729, � 5, eff. June 19, 1987.

Amended by Acts 1991, 72nd Leg., ch. 117, � 6, eff. May 19, 1991; Acts 1995, 74th Leg., ch. 902, � 4, eff. Sept. 1, 1995.

(b) A person may contribute funds to either the trust fund or the operating fund.

(c) If a person designates that a contribution is intended as a donation to a specific fund, the contribution shall be deposited in the designated fund.

(d) The council may not establish a separate fund outside the state treasury to solicit or receive contributions to fund programs under this chapter.

(b) Except as provided by Subsection (a), any group, including a program receiving state aid, may apply to the council for a grant to fund child abuse and neglect prevention programs under this chapter in accordance with council rules.

(c) The council may not consider a grant application unless the application is endorsed by at least two community organizations from the area in which the funds will be expended.

(d) The council by rule shall adopt criteria for disqualifying a council member from participating in a decision relating to an application for a grant under this chapter if the member is an employee, board member, or officer of the applicant.

(a) The council may award grants to fund child abuse and neglect prevention programs to eligible applicants.

(b) The council shall award grants that continue for one year. The council may renew a grant not more than two times unless certain circumstances as determined by the council require an extension of the period.

(c) To be eligible for an initial grant, a person must provide a cash or in-kind match that is equal to at least 10 percent of the grant. To be eligible for a renewal for a second year, a person must provide a cash or in-kind match that is equal to at least 20 percent of that grant. To be eligible for a renewal for a third year, a person must provide a cash or in-kind match that is equal to at least 50 percent of that grant.

(d) A person may not use funds received from the state to meet the match obligation prescribed by Subsection (c) of this section.

Amended by Acts 1991, 72nd Leg., ch. 117, � 9, eff. May 19, 1991; Acts 1995, 74th Leg., ch. 902, � 5, eff. Sept. 1, 1995.

The Children's Trust Fund of Texas Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2011.

Added by Acts 1985, 69th Leg., ch. 420, � 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, � 2.20(32), eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 117, � 10, eff. May 19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, � 4.01, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 7, � 1, eff. Sept. 1, 1999.

For text of section as amended by Acts 1999, 76th Leg., ch. 1449, � 3.03, see � 74.011, post.

Added by Acts 1985, 69th Leg., ch. 420, � 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, � 2.20(32), eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 117, � 10, eff. May 19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, � 4.01, eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 1449, � 3.03, eff. Sept. 1, 1999.

For text of section as amended by Acts 1999, 76th Leg., ch. 7, � 1, see � 74.011, ante.