| 1 | 1 | | 84R9320 YDB-D |
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| 2 | 2 | | By: White of Tyler H.B. No. 1564 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of judicial donation trust funds to |
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| 8 | 8 | | assist needy children and families appearing before justice and |
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| 9 | 9 | | municipal courts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle B, Title 2, Government Code, is amended |
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| 12 | 12 | | by adding Chapter 36 to read as follows: |
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| 13 | 13 | | CHAPTER 36. JUDICIAL DONATION TRUST FUNDS |
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| 14 | 14 | | Sec. 36.001. ESTABLISHMENT OF TRUST FUNDS. (a) The |
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| 15 | 15 | | governing body of a municipality or the commissioners court of a |
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| 16 | 16 | | county may establish a judicial donation trust fund as a separate |
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| 17 | 17 | | account held outside the municipal or county treasury to be used in |
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| 18 | 18 | | accordance with this chapter. |
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| 19 | 19 | | (b) The governing body of a municipality or the |
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| 20 | 20 | | commissioners court of a county may accept a gift, grant, donation, |
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| 21 | 21 | | or other consideration from a public or private source that is |
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| 22 | 22 | | designated for the judicial donation trust fund. |
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| 23 | 23 | | (c) Money received under Subsection (b) shall be deposited |
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| 24 | 24 | | in the judicial donation trust fund and may only be disbursed in |
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| 25 | 25 | | accordance with this chapter. |
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| 26 | 26 | | (d) Interest and income from the assets of the judicial |
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| 27 | 27 | | donation trust fund shall be credited to and deposited in the trust |
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| 28 | 28 | | fund. |
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| 29 | 29 | | Sec. 36.002. PROCEDURES AND ELIGIBILITY. The governing |
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| 30 | 30 | | body of a municipality or the commissioners court of a county shall: |
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| 31 | 31 | | (1) adopt the procedures necessary to receive and |
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| 32 | 32 | | disburse money from the judicial donation trust fund under this |
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| 33 | 33 | | chapter; and |
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| 34 | 34 | | (2) establish eligibility requirements for |
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| 35 | 35 | | disbursement of money under this chapter to assist needy children |
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| 36 | 36 | | or families who appear before a justice or municipal court for a |
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| 37 | 37 | | criminal offense, as applicable, by providing money for resources |
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| 38 | 38 | | and services that eliminate barriers to school attendance or that |
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| 39 | 39 | | seek to prevent criminal behavior. |
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| 40 | 40 | | Sec. 36.003. USE OF FUNDS IN ACCOUNT. (a) The judge of a |
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| 41 | 41 | | justice or municipal court, in accordance with Section 36.002, may |
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| 42 | 42 | | award money from a judicial donation trust fund established under |
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| 43 | 43 | | Section 36.001 to eligible children or families who appear before |
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| 44 | 44 | | the court for a truancy or curfew violation or in another |
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| 45 | 45 | | misdemeanor offense proceeding before the court. |
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| 46 | 46 | | (b) A judge of a justice or municipal court may order the |
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| 47 | 47 | | municipal or county treasurer to issue payment from the judicial |
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| 48 | 48 | | donation trust fund for money awarded under this section. |
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| 49 | 49 | | SECTION 2. Section 81.032, Local Government Code, is |
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| 50 | 50 | | amended to read as follows: |
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| 51 | 51 | | Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The |
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| 52 | 52 | | commissioners court may accept a gift, grant, donation, bequest, or |
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| 53 | 53 | | devise of money or other property on behalf of the county, including |
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| 54 | 54 | | a donation under Chapter 36, Government Code, for the purpose of |
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| 55 | 55 | | performing a function conferred by law on the county or a county |
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| 56 | 56 | | officer. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2015. |
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