HBA-NLM S.B. 351 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 351 By: Zaffirini Human Services 3/15/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Children's Trust Fund of Texas Council (council) is set by law to be abolished on September 1, 1999. After reviewing the council, the Sunset Advisory Commission (commission) recommended continuation of the council and several statutory modifications. S.B. 351 provides for the continuation of the council until September 1, 2011, and designates the council as a health and human services agency and adds a number of across-the-board Sunset provisions relating to the council's composition, equal employment policies, and complaint procedures. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 74, Human Resources Code, by amending Sections 74.001, 74.002, 74.003, and 74.011 and by adding Sections 74.0021, 74.0022, 74.0031, 74.0032, and 74.0033, as follows: Sec. 74.001. DEFINITIONS. Defines "executive director." Redesignates existing Subdivisions (2)-(4) to Subdivisions (3)-(5). Sec. 74.002. ESTABLISHMENT OF COUNCIL. (a) Makes a nonsubstantive change. (b) Requires the appointments to the Children's Trust Fund of Texas Council (council) to be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (c) Provides that each member of the council must be a representative of the general public. Prohibits a person from council membership if the person or the person's spouse meets any of the specified criteria described by this subsection. (d) Created from existing text. (e)-(g) Redesignated from existing Subsections (d)-(f). Sec. 74.0021. REMOVAL OF COUNCIL MEMBER. Sets forth grounds for removal from the council. Provides that the validity of an action of the council is not affected when a ground for removal exists. Specifies procedures for notification of the council's executive director, the governor, and the attorney general if knowledge that a potential ground for removal exists. Sec. 74.0022. COUNCIL MEMBER TRAINING. Provides that members of the council must complete training before assuming their duties. Provides that the training program must provide the person with information regarding the creation of the council, programs operated by the council, the role and functions of the council, and other statutory requirements and procedures. Provides that a person appointed to the council is entitled to reimbursement for travel expenses incurred in attending the training program. Sec. 74.003. POWERS AND DUTIES. Requires the council to adopt rules and employ an executive director and other necessary staff. Requires the council to develop and implement policies separating the council's policymaking responsibilities and the executive director's and staff's management responsibilities. Requires the council to give the public reasonable opportunity to appear before it regarding issues under the jurisdiction of the council. Sec. 74.0031. STANDARDS OF CONDUCT. Requires the executive director or the executive director's designee to provide council members and employees with information regarding the requirements for office or employment under this chapter. Sec. 74.0032. EQUAL EMPLOYMENT OPPORTUNITY POLICY. Sets forth equal employment opportunity policy statement requirements relating to the content and reporting of these analyses. Provides that the policy statement must be updated annually, be reviewed by the Commission on Human Rights, and be filed with the governor's office. Sec. 74.0033. COMPLAINTS. Requires the council to maintain information on written complaints filed with the council. Requires the council to notify the parties regarding the council's policies and procedures for complaint investigation. Requires the council to notify the parties regarding the status of the complaint quarterly until disposition. Sec. 74.011. SUNSET PROVISION. Provides that the council is subject to the Texas Sunset Act and provides that the council is abolished and this chapter expires on September 1, 2011, rather than on September 1, 1999, unless continued in existence. SECTION 2. Amends Subdivision (4), Section 531.001, Government Code, to redefine "health and human services agencies" to include the Children's Trust Fund of Texas Council and makes nonsubstantive changes. SECTION 3. (a) Effective date: September 1, 1999. (b) Makes application of this Act prospective. SECTION 4. Emergency clause.