Texas 2009 - 81st Regular

Texas House Bill HB492 Compare Versions

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1	1	H.B. No. 492
2	2
3	3
4	4	AN ACT
5	5	relating to the expansion of faith- and community-based health and
6	6	human services and social services initiatives.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. (a) Subtitle I, Title 4, Government Code, is
9	9	amended by adding Chapter 535 to read as follows:
10	10	CHAPTER 535. PROVISION OF HUMAN SERVICES AND OTHER
11	11	SOCIAL SERVICES THROUGH FAITH- AND COMMUNITY-BASED ORGANIZATIONS
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 535.001. DEFINITIONS. In this chapter:
14	14	(1) "Community-based initiative" includes a social,
15	15	health, human services, or volunteer income tax assistance
16	16	initiative operated by a community-based organization.
17	17	(2) "Community-based organization" means a nonprofit
18	18	corporation or association that is located in close proximity to
19	19	the population the organization serves.
20	20	(3) "Faith-based initiative" means a social, health,
21	21	or human services initiative operated by a faith-based
22	22	organization.
23	23	(4) "Faith-based organization" means a nonprofit
24	24	corporation or association that:
25	25	(A) is operated through a religious or
26	26	denominational organization, including an organization that is
27	27	operated for religious, educational, or charitable purposes and
28	28	that is operated, supervised, or controlled, wholly or partly, by
29	29	or in connection with a religious organization; or
30	30	(B) clearly demonstrates through the
31	31	organization's mission statement, policies, or practices that the
32	32	organization is guided or motivated by religion.
33	33	(5) "State Commission on National and Community
34	34	Service" means the entity used as authorized by 42 U.S.C. Section
35	35	12638(a) to carry out the duties of a state commission under the
36	36	National and Community Service Act of 1990 (42 U.S.C. Section 12501
37	37	et seq.).
38	38	Sec. 535.002. PURPOSE. The purpose of this chapter is to
39	39	strengthen the capacity of faith- and community-based
40	40	organizations and to forge stronger partnerships between those
41	41	organizations and state government for the legitimate public
42	42	purpose of providing charitable and social services to persons in
43	43	this state.
44	44	Sec. 535.003. CONSTRUCTION. This chapter may not be
45	45	construed to:
46	46	(1) exempt a faith- or community-based organization
47	47	from any applicable state or federal law; or
48	48	(2) be an endorsement or sponsorship by this state of
49	49	the religious character, expression, beliefs, doctrines, or
50	50	practices of a faith-based organization.
51	51	Sec. 535.004. APPLICABILITY OF CERTAIN FEDERAL LAW. A
52	52	power authorized or duty imposed under this chapter must be
53	53	performed in a manner that is consistent with 42 U.S.C. Section
54	54	604a.
55	55	[Sections 535.005-535.050 reserved for expansion]
56	56	SUBCHAPTER B. GOVERNMENTAL LIAISONS FOR FAITH- AND
57	57	COMMUNITY-BASED ORGANIZATIONS
58	58	Sec. 535.051. DESIGNATION OF FAITH- AND COMMUNITY-BASED
59	59	LIAISONS. (a) The executive commissioner, in consultation with
60	60	the governor, shall designate one employee from the commission and
61	61	from each health and human services agency to serve as a liaison for
62	62	faith- and community-based organizations.
63	63	(b) The chief administrative officer of each of the
64	64	following state agencies, in consultation with the governor, shall
65	65	designate one employee from the agency to serve as a liaison for
66	66	faith- and community-based organizations:
67	67	(1) the Office of Rural Community Affairs;
68	68	(2) the Texas Commission on Environmental Quality;
69	69	(3) the Texas Department of Criminal Justice;
70	70	(4) the Texas Department of Housing and Community
71	71	Affairs;
72	72	(5) the Texas Education Agency;
73	73	(6) the Texas Juvenile Probation Commission;
74	74	(7) the Texas Veterans Commission;
75	75	(8) the Texas Workforce Commission;
76	76	(9) the Texas Youth Commission; and
77	77	(10) other state agencies as determined by the
78	78	governor.
79	79	Sec. 535.052. GENERAL DUTIES OF LIAISONS. (a) A faith- and
80	80	community-based liaison designated under Section 535.051 shall:
81	81	(1) identify and remove unnecessary barriers to
82	82	partnerships between the state agency the liaison represents and
83	83	faith- and community-based organizations;
84	84	(2) provide information and training, if necessary,
85	85	for employees of the state agency the liaison represents regarding
86	86	equal opportunity standards for faith- and community-based
87	87	organizations seeking to partner with state government;
88	88	(3) facilitate the identification of practices with
89	89	demonstrated effectiveness for faith- and community-based
90	90	organizations that partner with the state agency the liaison
91	91	represents;
92	92	(4) work with the appropriate departments and programs
93	93	of the state agency the liaison represents to conduct outreach
94	94	efforts to inform and welcome faith- and community-based
95	95	organizations that have not traditionally formed partnerships with
96	96	the agency;
97	97	(5) coordinate all efforts with the governor's office
98	98	of faith-based and community initiatives and provide information,
99	99	support, and assistance to that office as requested to the extent
100	100	permitted by law and as feasible; and
101	101	(6) attend conferences sponsored by federal agencies
102	102	and offices and other relevant entities to become and remain
103	103	informed of issues and developments regarding faith- and
104	104	community-based initiatives.
105	105	(b) A faith- and community-based liaison designated under
106	106	Section 535.051 may coordinate and interact with statewide
107	107	organizations that represent faith- or community-based
108	108	organizations as necessary to accomplish the purposes of this
109	109	chapter.
110	110	Sec. 535.053. INTERAGENCY COORDINATING GROUP. (a) The
111	111	interagency coordinating group for faith- and community-based
112	112	initiatives is composed of each faith- and community-based liaison
113	113	designated under Section 535.051 and a liaison from the State
114	114	Commission on National and Community Service.
115	115	(b) The commission employee designated as a liaison under
116	116	Section 535.051 is the presiding officer of the interagency
117	117	coordinating group.
118	118	(c) The interagency coordinating group shall:
119	119	(1) meet periodically at the call of the presiding
120	120	officer;
121	121	(2) work across state agencies and with the State
122	122	Commission on National and Community Service to facilitate the
123	123	removal of unnecessary interagency barriers to partnerships
124	124	between state agencies and faith- and community-based
125	125	organizations; and
126	126	(3) operate in a manner that promotes effective
127	127	partnerships between those agencies and organizations to serve
128	128	residents of this state who need assistance.
129	129	Sec. 535.054. REPORTS. (a) A liaison designated under
130	130	Section 535.051 shall:
131	131	(1) provide periodic reports to the executive
132	132	commissioner or other chief executive officer who designated the
133	133	liaison, as applicable, on a schedule determined by the person who
134	134	designated the liaison; and
135	135	(2) report annually to the governor's office of
136	136	faith- and community-based initiatives and as necessary to the
137	137	State Commission on National and Community Service regarding the
138	138	liaison's efforts to comply with the duties imposed under Sections
139	139	535.052 and 535.053.
140	140	(b) Each report made under Subsection (a)(2) must be made
141	141	available to the public through posting on the office of the
142	142	governor's Internet website, and the reports may be aggregated into
143	143	a single report for that purpose.
144	144	[Sections 535.055-535.100 reserved for expansion]
145	145	SUBCHAPTER C. RENEWING OUR COMMUNITIES ACCOUNT
146	146	Sec. 535.101. DEFINITION. In this subchapter, "account"
147	147	means the renewing our communities account.
148	148	Sec. 535.102. PURPOSES OF SUBCHAPTER. Recognizing that
149	149	faith- and community-based organizations provide a range of vital
150	150	charitable services to persons in this state, the purposes of this
151	151	subchapter are to:
152	152	(1) increase the impact and effectiveness of those
153	153	organizations;
154	154	(2) forge stronger partnerships between those
155	155	organizations and state government so that communities are
156	156	empowered to serve persons in need and community capacity for
157	157	providing services is strengthened; and
158	158	(3) create a funding mechanism that builds on the
159	159	established efforts of those organizations and operates to create
160	160	new partnerships in local communities for the benefit of this
161	161	state.
162	162	Sec. 535.103. RENEWING OUR COMMUNITIES ACCOUNT. (a) The
163	163	renewing our communities account is an account in the general
164	164	revenue fund that may be appropriated only to the commission for the
165	165	purposes and activities authorized by this subchapter and for
166	166	reasonable administrative expenses under this subchapter.
167	167	(b) The account consists of:
168	168	(1) all money appropriated for the purposes of this
169	169	subchapter;
170	170	(2) any gifts, grants, or donations received for the
171	171	purposes of this subchapter; and
172	172	(3) interest earned on money in the account.
173	173	(c) The account is exempt from the application of Section
174	174	403.095.
175	175	(d) The purposes of the account are to:
176	176	(1) increase the capacity of faith- and
177	177	community-based organizations to provide charitable services and
178	178	to manage human resources and funds;
179	179	(2) assist local governmental entities in
180	180	establishing local offices to promote faith- and community-based
181	181	initiatives; and
182	182	(3) foster better partnerships between state
183	183	government and faith- and community-based organizations.
184	184	Sec. 535.104. POWERS AND DUTIES REGARDING ACCOUNT. (a) The
185	185	commission shall:
186	186	(1) contract with the State Commission on National and
187	187	Community Service to administer funds appropriated from the account
188	188	in a manner that:
189	189	(A) consolidates the capacity of and strengthens
190	190	national service and community and faith- and community-based
191	191	initiatives; and
192	192	(B) leverages public and private funds to benefit
193	193	this state;
194	194	(2) develop a competitive process to be used in
195	195	awarding grants from account funds that is consistent with state
196	196	law and includes objective selection criteria;
197	197	(3) oversee the delivery of training and other
198	198	assistance activities under this subchapter;
199	199	(4) develop criteria limiting awards of grants under
200	200	Section 535.105(1)(A) to small and medium-sized faith- and
201	201	community-based organizations that provide charitable services to
202	202	persons in this state;
203	203	(5) establish general state priorities for the
204	204	account;
205	205	(6) establish and monitor performance and outcome
206	206	measures for persons to whom grants are awarded under this
207	207	subchapter; and
208	208	(7) establish policies and procedures to ensure that
209	209	any money appropriated from the account to the commission that is
210	210	allocated to build the capacity of a faith-based organization or
211	211	for a faith-based initiative, including money allocated for the
212	212	establishment of the advisory committee under Section 535.108, is
213	213	not used to advance a sectarian purpose or to engage in any form of
214	214	proselytization.
215	215	(b) Instead of contracting with the State Commission on
216	216	National and Community Service under Subsection (a)(1), the
217	217	commission may award account funds appropriated to the commission
218	218	to the State Commission on National and Community Service in the
219	219	form of a grant.
220	220	(c) Any funds awarded to the State Commission on National
221	221	and Community Service under a contract or through a grant under this
222	222	section must be administered in the manner required by this
223	223	subchapter, including Subsection (a)(1).
224	224	(d) The commission or the State Commission on National and
225	225	Community Service, in accordance with the terms of the contract or
226	226	grant, as applicable, may:
227	227	(1) directly, or through agreements with one or more
228	228	entities that serve faith- and community-based organizations that
229	229	provide charitable services to persons in this state:
230	230	(A) assist faith- and community-based
231	231	organizations with:
232	232	(i) writing or managing grants through
233	233	workshops or other forms of guidance;
234	234	(ii) obtaining legal assistance related to
235	235	forming a corporation or obtaining an exemption from taxation under
236	236	the Internal Revenue Code; and
237	237	(iii) obtaining information about or
238	238	referrals to entities that provide expertise in accounting, legal,
239	239	or tax issues, program development matters, or other organizational
240	240	topics;
241	241	(B) provide information or assistance to
242	242	faith- and community-based organizations related to building the
243	243	organizations' capacity for providing services;
244	244	(C) facilitate the formation of networks, the
245	245	coordination of services, and the sharing of resources among
246	246	faith- and community-based organizations;
247	247	(D) in cooperation with existing efforts, if
248	248	possible, conduct needs assessments to identify gaps in services in
249	249	a community that present a need for developing or expanding
250	250	services;
251	251	(E) work with faith- and community-based
252	252	organizations to identify the organizations' needs for
253	253	improvements in their internal capacity for providing services;
254	254	(F) provide faith- and community-based
255	255	organizations with information on and assistance in identifying or
256	256	using practices with demonstrated effectiveness for delivering
257	257	charitable services to persons, families, and communities and in
258	258	replicating charitable services programs that have demonstrated
259	259	effectiveness; and
260	260	(G) encourage research into the impact of
261	261	organizational capacity on program delivery for faith- and
262	262	community-based organizations;
263	263	(2) assist a local governmental entity in creating a
264	264	better partnership between government and faith- and
265	265	community-based organizations to provide charitable services to
266	266	persons in this state; and
267	267	(3) use funds appropriated from the account to provide
268	268	matching money for federal or private grant programs that further
269	269	the purposes of the account as described by Section 535.103(d).
270	270	(e) The commission shall monitor the use of the funds
271	271	administered by the State Commission on National and Community
272	272	Service under a contract or through a grant under this section to
273	273	ensure that the funds are used in a manner consistent with the
274	274	requirements of this subchapter. Records relating to the award of a
275	275	contract or grant to the State Commission on National and Community
276	276	Service, or to grants awarded by that entity, and records relating
277	277	to other uses of the funds are public information subject to Chapter
278	278	552.
279	279	(f) If the commission contracts with or awards a grant to
280	280	the State Commission on National and Community Service under this
281	281	section, this subchapter may not be construed to:
282	282	(1) release that entity from any regulations or
283	283	reporting or other requirements applicable to a contractor or
284	284	grantee of the commission;
285	285	(2) impose regulations or reporting or other
286	286	requirements on that entity that do not apply to other contractors
287	287	or grantees of the commission solely because of the entity's
288	288	status;
289	289	(3) alter the nonprofit status of that entity or the
290	290	requirements for maintaining that status; or
291	291	(4) convert that entity into a governmental entity
292	292	because of the receipt of account funds through the contract or
293	293	grant.
294	294	Sec. 535.105. ADMINISTRATION OF ACCOUNT FUNDS. If under
295	295	Section 535.104 the commission contracts with or awards a grant to
296	296	the State Commission on National and Community Service, that
297	297	entity:
298	298	(1) may award grants from funds appropriated from the
299	299	account to:
300	300	(A) faith- and community-based organizations
301	301	that provide charitable services to persons in this state for
302	302	capacity-building purposes; and
303	303	(B) local governmental entities to provide seed
304	304	money for local offices for faith- and community-based initiatives;
305	305	and
306	306	(2) shall monitor performance and outcome measures for
307	307	persons to whom that entity awards grants using the measures
308	308	established by the commission under Section 535.104(a)(6).
309	309	Sec. 535.106. REPORTS AND PUBLIC INFORMATION. (a) The
310	310	commission shall provide a link on the commission's Internet
311	311	website to the Internet website of the State Commission on National
312	312	and Community Service if the commission contracts with or awards a
313	313	grant to that entity under Section 535.104. The entity's Internet
314	314	website must provide:
315	315	(1) a list of the names of each person to whom the
316	316	entity awarded a grant from money appropriated from the account and
317	317	the amount and purpose of the grant; and
318	318	(2) information regarding the methods by which the
319	319	public may request information about those grants.
320	320	(b) If awarded a contract or grant under Section 535.104,
321	321	the State Commission on National and Community Service must provide
322	322	to the commission periodic reports on a schedule determined by the
323	323	executive commissioner. The schedule of periodic reports must
324	324	include an annual report that includes:
325	325	(1) a specific accounting with respect to the use by
326	326	that entity of money appropriated from the account, including the
327	327	names of persons to whom grants have been awarded and the purposes
328	328	of those grants; and
329	329	(2) a summary of the efforts of the faith- and
330	330	community-based liaisons designated under Section 535.051 to
331	331	comply with the duties imposed by and the purposes of Sections
332	332	535.052 and 535.053.
333	333	(c) The commission shall post the annual report made under
334	334	Subsection (b) on the commission's Internet website and shall
335	335	provide copies of the report to the governor, the lieutenant
336	336	governor, and the members of the legislature.
337	337	Sec. 535.107. TASK FORCE ON STRENGTHENING NONPROFIT
338	338	CAPACITY. (a) The executive commissioner, in consultation with
339	339	the governor, shall establish a task force to make recommendations
340	340	for strengthening the capacity of faith- and community-based
341	341	organizations for managing human resources and funds and providing
342	342	services. The members of the task force must include:
343	343	(1) representatives from state agencies, nonprofit
344	344	organizations, the academic community, and the foundation
345	345	community; and
346	346	(2) other individuals who have expertise that would be
347	347	valuable to the task force.
348	348	(b) Using money appropriated from the account, the task
349	349	force shall hold at least three public hearings in various
350	350	geographic areas of this state, at least one of which must be
351	351	outside of Central Texas. The task force shall hear testimony at
352	352	the hearings regarding strengthening the capacity of faith- and
353	353	community-based organizations to manage human resources and funds
354	354	and provide services.
355	355	(c) The task force is not required to hold a public hearing
356	356	if the remaining money appropriated from the account to the
357	357	commission for the state fiscal biennium is insufficient for the
358	358	performance of the duties or activities under this subchapter.
359	359	(d) The task force shall present a report and legislative
360	360	recommendations to the House Committee on Human Services or its
361	361	successor, the House Committee on Public Health or its successor,
362	362	and the Senate Health and Human Services Committee or its successor
363	363	not later than September 1, 2010, regarding its recommendations.
364	364	(e) This section expires September 1, 2011.
365	365	Sec. 535.108. RENEWING OUR COMMUNITIES ACCOUNT ADVISORY
366	366	COMMITTEE. (a) The executive commissioner shall appoint leaders
367	367	of faith- and community-based organizations in this state to serve
368	368	on the renewing our communities account advisory committee. The
369	369	advisory committee members must be representative of the religious,
370	370	cultural, and geographic diversity of this state and the diversity
371	371	of organization types and sizes in this state.
372	372	(b) The advisory committee shall make recommendations to
373	373	the executive commissioner regarding the powers and duties with
374	374	respect to the account as described by Section 535.104.
375	375	(c) Except as otherwise provided by this subsection, the
376	376	advisory committee shall meet at least twice each calendar year.
377	377	The advisory committee is not required to meet if the remaining
378	378	amount appropriated from the account to the commission for the
379	379	state fiscal biennium is insufficient for the performance of any
380	380	duties or activities under this subchapter.
381	381	(d) Chapter 2110 does not apply to the advisory committee.
382	382	(e) The advisory committee is subject to Chapter 551.
383	383	(b) The executive commissioner of the Health and Human
384	384	Services Commission and the chief executive officers of the Office
385	385	of Rural Community Affairs, the Texas Commission on Environmental
386	386	Quality, the Texas Department of Criminal Justice, the Texas
387	387	Department of Housing and Community Affairs, the Texas Education
388	388	Agency, the Texas Juvenile Probation Commission, the Texas Veterans
389	389	Commission, the Texas Workforce Commission, the Texas Youth
390	390	Commission, and any other state agency as determined by the
391	391	governor shall designate the liaisons for faith- and
392	392	community-based initiatives as required under Section 535.051,
393	393	Government Code, as added by this section, not later than December
394	394	1, 2009.
395	395	(c) The interagency coordinating group established under
396	396	Section 535.053, Government Code, as added by this section, shall
397	397	hold its first meeting not later than February 1, 2010.
398	398	SECTION 2. This Act does not make an appropriation. A
399	399	provision in this Act that creates a new governmental program,
400	400	creates a new entitlement, or imposes a new duty on a governmental
401	401	entity is not mandatory during a fiscal period for which the
402	402	legislature has not made a specific appropriation to implement the
403	403	provision.
404	404	SECTION 3. If before implementing any provision of this Act
405	405	a state agency determines that a waiver or authorization from a
406	406	federal agency is necessary for implementation of that provision,
407	407	the agency affected by the provision shall request the waiver or
408	408	authorization and may delay implementing that provision until the
409	409	waiver or authorization is granted.
410	410	SECTION 4. This Act takes effect immediately if it receives
411	411	a vote of two-thirds of all the members elected to each house, as
412	412	provided by Section 39, Article III, Texas Constitution. If this
413	413	Act does not receive the vote necessary for immediate effect, this
414	414	Act takes effect September 1, 2009.
415	415	______________________________ ______________________________
416	416	President of the Senate Speaker of the House
417	417	I certify that H.B. No. 492 was passed by the House on April
418	418	24, 2009, by the following vote: Yeas 119, Nays 15, 1 present, not
419	419	voting; and that the House concurred in Senate amendments to H.B.
420	420	No. 492 on May 18, 2009, by the following vote: Yeas 139, Nays 2, 2
421	421	present, not voting.
422	422	______________________________
423	423	Chief Clerk of the House
424	424	I certify that H.B. No. 492 was passed by the Senate, with
425	425	amendments, on May 14, 2009, by the following vote: Yeas 31, Nays
426	426	0.
427	427	______________________________
428	428	Secretary of the Senate
429	429	APPROVED: __________________
430	430	Date
431	431	__________________
432	432	Governor