HUMAN RESOURCES CODE
SUBTITLE D. DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES;
CHILD WELFARE AND PROTECTIVE SERVICES
CHAPTER 40. DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
§ 40.001. DEFINITIONS. In this subtitle:
(1) "Board" means the Board of Protective and
Regulatory Services.
(2) "Commission" means the Health and Human Services
Commission.
(2-a) "Council" means the Family and Protective
Services Council.
(3) "Department" means the Department of Protective
and Regulatory Services.
(4) "Commissioner" means the commissioner of the
Department of Family and Protective Services.
(4-a) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Family preservation" includes the protection of
parents and their children from needless family disruption because
of unfounded accusations of child abuse or neglect. It does not
include the provision of state social services for the
rehabilitation of parents convicted of abusing or neglecting their
children.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 198, § 1.10, eff. Sept. 1, 2003.
§ 40.002. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES;
GENERAL DUTIES OF DEPARTMENT. (a) The Department of Family and
Protective Services is composed of the council, the commissioner,
an administrative staff, and other officers and employees necessary
to efficiently carry out the purposes of this chapter.
(b) Notwithstanding any other law, the department shall:
(1) provide protective services for children and
elderly and disabled persons, including investigations of alleged
abuse, neglect, or exploitation in facilities of the Texas
Department of Mental Health and Mental Retardation or its successor
agency;
(2) provide family support and family preservation
services that respect the fundamental right of parents to control
the education and upbringing of their children;
(3) license, register, and enforce regulations
applicable to child-care facilities and child-care administrators;
and
(4) implement and manage programs intended to provide
early intervention or prevent at-risk behaviors that lead to child
abuse, delinquency, running away, truancy, and dropping out of
school.
(c) The department is the state agency designated to
cooperate with the federal government in the administration of
programs under:
(1) Parts B and E, Title IV, federal Social Security
Act (42 U.S.C. Sections 620 et seq. and 670 et seq.); and
(2) other federal law for which the department has
administrative responsibility.
(d) The department shall cooperate with the United States
Department of Health and Human Services and other federal and state
agencies in a reasonable manner and in conformity with the
provisions of federal law and this subtitle to the extent necessary
to qualify for federal assistance in the delivery of services.
(e) If the department determines that a provision of state
law governing the department conflicts with a provision of federal
law, the executive commissioner may adopt policies and rules
necessary to allow the state to receive and spend federal matching
funds to the fullest extent possible in accordance with the federal
statutes, this subtitle, and the state constitution and within the
limits of appropriated funds.
(f) The department may contract with the Texas Department of
Transportation for the Texas Department of Transportation to assume
all responsibilities of the department relating to the provision of
transportation services for clients of eligible programs.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 489, § 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 198, § 1.11, 2.128, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, § 13.07, eff. Sept. 1, 2003.
§ 40.003. SUNSET PROVISION. The Department of
Protective and Regulatory Services is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the department is abolished and this
chapter expires September 1, 2009.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 3, eff. Sept. 1,
1997.
§ 40.004. PUBLIC INTEREST INFORMATION AND PUBLIC
ACCESS. (a) The commissioner shall develop and implement
policies that provide the public with a reasonable opportunity to
appear before the commissioner and to speak on any issue under the
jurisdiction of the department.
(b) The commissioner, with the advice of the council, shall
prepare information of public interest describing the functions of
the department. The commission shall make the information
available to the public and appropriate state agencies.
(c) The commissioner shall grant an opportunity for a public
hearing before the council makes recommendations to the
commissioner regarding a substantive rule if a public hearing is
requested by:
(1) at least 25 persons;
(2) a governmental entity; or
(3) an association with at least 25 members.
(d) The executive commissioner shall consider fully all
written and oral submissions about a proposed rule.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 4, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1, 2003.
§ 40.0041. COMPLAINT PROCESS. (a) The department
shall develop and implement a uniform process for receiving and
resolving complaints against the department throughout the state.
The process shall include:
(1) statewide procedures through which the public,
consumers, and service recipients are informed:
(A) of the right to make a complaint against the
department, including the mailing addresses and telephone numbers
of appropriate department personnel responsible for receiving
complaints and providing related assistance; and
(B) of the department's procedures for resolving
a complaint, including the right to appeal a decision made at the
local level;
(2) development and statewide distribution of a form
or telephone system that may be used to make a complaint;
(3) a requirement that the department provide
information by mail or telephone regarding the department's
procedures for investigating and resolving a complaint to each
person who makes a complaint; and
(4) a requirement that the department provide status
information at least quarterly to a person with a pending complaint
against the department, unless the information would jeopardize an
undercover investigation.
(b) In addition to other appropriate methods, the
department may provide the information specified by Subsection
(a)(1):
(1) on each registration form, application, or written
contract for services of a person regulated by the department;
(2) on a sign prominently displayed in the place of
business of each person regulated by the department; or
(3) in a bill for service provided by a person
regulated by the department.
(c) The department shall keep an information file about each
complaint made against the department that the department has
authority to resolve.
(d) The executive director shall develop a consistent,
statewide process for addressing an appeal by a person dissatisfied
with the resolution of a complaint at the regional level. The
process shall include an opportunity for appeal of a complaint
without the participation of the department's ombudsman office.
(e) The department shall develop and maintain a centralized
tracking system to gather information concerning all complaints
made against the department throughout the state. The department
shall require its personnel to provide information regarding each
complaint for inclusion in records maintained under the tracking
system at the department's state headquarters, regardless of the
location or level at which the complaint is initiated or resolved.
The department shall require at least the following information to
be maintained for each complaint:
(1) the date the complaint is received;
(2) the name of the person making the complaint;
(3) the subject matter of the complaint;
(4) a record of all persons contacted by the
department in relation to the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for each complaint determined by the department to
require no corrective action, an explanation of the reason that the
complaint was closed without action.
(f) The department shall periodically prepare and deliver
reports to the board and the executive director regarding the
number, type, and resolution of complaints made in the state
against the department.
Added by Acts 1997, 75th Leg., ch. 1022, § 4, eff. Sept. 1, 1997.
§ 40.005. CONFIDENTIALITY OF INFORMATION. (a) The
department shall establish and enforce rules governing the custody,
use, and preservation of the department's records, papers, files,
and communications.
(b) The department shall prescribe safeguards to govern the
use or disclosure of information relating to a recipient of a
department service or to an investigation the department conducts
in performing its duties and responsibilities. The safeguards must
be consistent with the purposes of the department's programs and
must comply with applicable state and federal law and department
rules.
(c) Notwithstanding any other provision of law, the
department by rule may prescribe a process by which an
administrative law judge may disclose requested confidential
information that the department possesses. The rules must provide
that the information may be disclosed by the administrative law
judge only if the administrative law judge:
(1) provides notice to the department and any
interested party; and
(2) determines after an in camera review of the
information that disclosure is essential to the administration of
justice and will not endanger the life or safety of any individual.
(d) Except as otherwise provided, a person who is authorized
to receive confidential information shall maintain its
confidentiality and shall prevent disclosure of the information to
a person who is not authorized to receive the information.
(e) A person commits an offense if the person discloses
without authorization confidential information contained in the
department's records, papers, files, or communications. An offense
under this subsection is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.006. APPLICATION OF OTHER LAWS. The department is
subject to Chapters 551, 2001, and 2002, Government Code.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.007. REPORTING REQUIREMENT; PROFESSIONAL
FEES. (a) The department shall include in any report required by
law concerning the department's expenditures information relating
to fees for professional or consultative services provided for the
general administration of the department.
(b) The report required under Subsection (a) may not
include:
(1) professional fees paid for routine or special
examinations to determine an individual's eligibility for a program
administered by the department;
(2) professional fees for treatment, services, or care
for individual recipients; or
(3) fees for providing for the special needs of
individual recipients, including the provision of appliances.
Added by Acts 1997, 75th Leg., ch. 165, § 21.01(a), eff. Sept. 1,
1997.
§ 40.008. PROGRAM ACCESSIBILITY. The department shall
comply with federal and state laws related to program and facility
accessibility. The department shall also prepare and maintain a
written plan that describes how a person who does not speak English
can be provided reasonable access to the department's programs and
services.
Added by Acts 1997, 75th Leg., ch. 1022, § 5, eff. Sept. 1, 1997.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 40.021. FAMILY AND PROTECTIVE SERVICES
COUNCIL. (a) The Family and Protective Services Council is
created to assist the commissioner in developing rules and policies
for the department.
(b) The council is composed of nine members of the public
appointed by the governor with the advice and consent of the senate.
To be eligible for appointment to the council, a person must have
demonstrated an interest in and knowledge of problems and available
services related to the functions of the department.
(c) The council shall study and make recommendations to the
executive commissioner and the commissioner regarding the
management and operation of the department, including policies and
rules governing the delivery of services to persons who are served
by the department and the rights and duties of persons who are
served or regulated by the department.
(d) Chapter 551, Government Code, applies to the council.
(e) Chapter 2110, Government Code, does not apply to the
council.
(f) A majority of the members of the council constitute a
quorum for the transaction of business.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 6, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1. 2003.
§ 40.022. APPOINTMENTS. (a) Appointments to the
council shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(b) Appointments to the council shall be made so that each
geographic area of the state is represented on the council.
Notwithstanding Subsection (a), appointments to the council must
reflect the ethnic diversity of this state.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 7, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1, 2003.
§ 40.0226. TRAINING PROGRAM FOR COUNCIL
MEMBERS. (a) A person who is appointed 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.
(b) The training program must provide information to the
member regarding:
(1) the legislation that created the department and
the council;
(2) the programs operated by the department;
(3) the role and functions of the department and the
council, including detailed information regarding:
(A) the division of authority and of
responsibility between the commissioner and the executive
commissioner; and
(B) the advisory responsibilities of the
council;
(4) the rules of the executive commissioner applicable
to the department, with an emphasis on the rules that relate to
disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) public information law, Chapter 552,
Government Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict-of-interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
executive commissioner or the Texas Ethics Commission.
Added by Acts 1997, 75th Leg., ch. 1022, § 9, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1,
2003.
§ 40.024. TERMS; VACANCY. (a) Members of the council
serve for staggered six-year terms, with the terms of three members
expiring February 1 of each odd-numbered year.
(b) A member of the council may not serve more than two
consecutive full terms as a council member.
(c) The governor by appointment shall fill the unexpired
term of a vacancy on the council.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1,
2003.
§ 40.025. REIMBURSEMENT FOR EXPENSES. A council member
may not receive compensation for service as a member of the council
but is entitled to reimbursement for travel expenses incurred by
the member while conducting the business of the council as provided
by the General Appropriations Act.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1,
2003.
§ 40.026. PRESIDING OFFICER; OTHER OFFICERS;
MEETINGS. (a) The governor shall designate a member of the
council as the presiding officer to serve in that capacity at the
pleasure of the governor.
(b) The members of the council shall elect any other
necessary officers.
(c) The council shall meet quarterly and at other times at
the call of the presiding officer. The council may hold meetings in
different areas of the state.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1,
2003.
§ 40.027. COMMISSIONER. (a) The executive
commissioner shall appoint a commissioner in accordance with
Section 531.0056, Government Code. The commissioner is to be
selected according to education, training, experience, and
demonstrated ability.
(b) The commissioner serves at the pleasure of the executive
commissioner.
(c) Subject to the control of the executive commissioner,
the commissioner shall act as the department's chief administrative
officer and as a liaison between the department and commission.
(d) The commissioner shall administer this chapter and
other laws relating to the department under operational policies
established by the executive commissioner and in accordance with
the memorandum of understanding under Section 531.0055(k),
Government Code, between the commissioner and the executive
commissioner, as adopted by rule.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 1460, § 2.04, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 198, § 1.12, eff. Sept. 1, 2003.
§ 40.028. GENERAL DUTIES OF BOARD;
DELEGATION. (a) The board shall govern the department.
(b) The board shall:
(1) supervise the executive director's administration
and enforcement of the laws of this state that impose duties on the
department or board; and
(2) develop and implement policies that clearly
separate the policymaking responsibilities of the board and the
management responsibilities of the executive director and the staff
of the department.
(c) The board may delegate to the executive director, or to
the person acting as executive director in the executive director's
absence, any power or duty imposed on the board or department by
law, including the authority to make final orders or decisions,
except that the board may not delegate the power or duty to adopt
rules. The delegation of a power or duty must be in writing.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 10, eff. Sept. 1,
1997.
§ 40.029. RULES. (a) The board shall propose and adopt
rules to:
(1) ensure the department's compliance with state and
federal law; and
(2) facilitate the implementation of departmental
programs.
(b) The board shall propose and adopt rules that further the
policy of family preservation.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 11, eff. Sept. 1,
1997.
§ 40.030. ADVISORY COMMITTEES. The board may appoint
advisory committees in accordance with Article 6252-33, Revised
Statutes.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.0305. STRATEGIC TECHNOLOGY STEERING
COMMITTEE. (a) The department shall establish a strategic
technology steering committee within the department to evaluate
major information technology project proposals.
(b) The steering committee shall consist of the
department's information resources manager and other department
employees designated by the executive director from senior
management, information technology staff, and employees who are
primary users of information resources. The information resources
manager shall serve as presiding officer of the committee.
(c) The steering committee shall prioritize the
department's major information technology project proposals and
provide oversight and coordination of the projects.
(d) In evaluating major information technology project
proposals, the steering committee shall:
(1) assess the major information needs of the
department;
(2) define standard criteria for setting priorities
for the department's information needs;
(3) forecast the returns to the department on project
investments;
(4) evaluate the department's available information
resources; and
(5) review, approve, and evaluate the status of
projected costs and benefits related to project proposals.
(e) The steering committee shall make recommendations to
the executive director based on the committee's performance of its
duties.
Added by Acts 1997, 75th Leg., ch. 1022, § 12, eff. Sept. 1,
1997.
§ 40.031. DIVISIONS OF DEPARTMENT. (a) The board may
establish divisions within the department as necessary for
efficient administration and for the discharge of the department's
functions.
(b) The board may allocate and reallocate functions,
programs, and activities among the department's divisions.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.032. PERSONNEL. (a) The executive director may
employ personnel necessary to administer the department's duties.
(b) The executive director or the executive director's
designated representative shall develop an intradepartmental
career ladder program that addresses opportunities for mobility and
advancement for employees within the department. The program shall
require the intradepartmental posting of all positions
concurrently with any public posting.
(c) The executive director or the executive director's
designated representative shall develop a system of annual
performance evaluations based on measurable job tasks. All merit
pay for department employees must be based on the system
established under this subsection.
(d) The executive director or the executive director's
designated representative shall provide to members of the board and
to the department's employees, as often as is necessary,
information regarding their qualifications for office or
employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state officers
or employees.
(e) The executive director or the executive director's
designated representative shall prepare and maintain a written
policy statement to ensure implementation of a program of equal
employment opportunity under which all personnel transactions are
made without regard to race, color, disability, sex, religion, age,
or national origin. The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that comply with Chapter 21, Labor Code;
(2) a comprehensive analysis of the department's
workforce that meets federal and state laws, rules, and regulations
and instructions adopted under those laws, rules, and regulations;
(3) procedures by which a determination can be made
about the extent of underuse in the department's workforce of all
persons for whom federal or state laws, rules, and regulations and
instructions adopted under those laws, rules, and regulations
encourage a more equitable balance; and
(4) reasonable methods to appropriately address those
areas of underuse.
(f) The policy statement required under Subsection (e)
shall:
(1) be filed with the governor's office;
(2) cover an annual period;
(3) be updated at least annually; and
(4) be reviewed by the Commission on Human Rights for
compliance with Subsection (e)(1).
(g) The governor's office shall develop and deliver a
biennial report to the legislature based on the information
submitted under Subsection (f). The report may be made separately
or as a part of other biennial reports made to the legislature.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 13, eff. Sept. 1,
1997.
§ 40.0321. SALARY SUPPLEMENTATION BY COUNTY OR
MUNICIPALITY. (a) A county or municipality may supplement, from
its own funds, the salary of a department employee whose duties
include providing services as part of, or relating to, the
provision of child protective services and adult protective
services by the department.
(b) A department employee who has worked in the same
position for the department in a different region is not eligible
for a salary supplement under Subsection (a) for a minimum of six
months after assuming the position in the new region.
(c) Section 659.020, Government Code, does not apply to the
supplement authorized by this section.
(d) The department shall not require a salary supplement as
a condition for creating or maintaining a position in the region.
Added by Acts 2001, 77th Leg., ch. 606, § 1, eff. Sept. 1, 2001.
§ 40.033. MERIT SYSTEM. (a) The department may
establish a merit system for its employees.
(b) The merit system may be maintained in conjunction with
other state agencies that are required by federal law to operate
under a merit system.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.034. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
EMPLOYEES. (a) For one year after the date on which a former
officer or employee of the department terminates service or
employment with the department, the individual may not, directly or
indirectly, attempt or aid in the attempt to procure a contract with
the department that relates to a program or service in which the
individual was directly concerned or for which the individual had
administrative responsibility.
(b) This section does not apply to:
(1) a former employee who is compensated on the last
date of service or employment below the amount prescribed by the
General Appropriations Act for step 1, salary group 17, of the
position classification salary schedule, including a state
employee who is exempt from the state's position classification
plan; or
(2) a former officer or employee who is employed by
another state agency or a community center.
(c) A former officer or employee of the department commits
an offense if the former officer or employee violates this section.
An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. GENERAL FUNCTIONS OF DEPARTMENT
§ 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
AND HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and executive
director as provided by Section 531.0055, Government Code. To the
extent a power or duty given to the board or executive director by
this chapter or another law conflicts with Section 531.0055,
Government Code, Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, § 2.05, eff. Sept. 1,
1999.
§ 40.051. STRATEGIC PLAN FOR DEPARTMENT. The
department shall develop a departmental strategic plan based on the
goals and priorities stated in the commission's coordinated
strategic plan for health and human services. The department shall
also develop its plan based on furthering the policy of family
preservation.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 14, eff. Sept. 1,
1997.
§ 40.052. DUTIES RELATING TO DELIVERY OF SERVICES. The
department shall:
(1) propose and implement service delivery standards
for departmental programs;
(2) provide training and technical assistance to
regional and local service providers;
(3) provide joint training on the investigation of
reports of child abuse or neglect to department personnel and law
enforcement personnel in appropriate state and local law
enforcement agencies;
(4) develop and implement systems for monitoring
departmental program performance and service delivery;
(5) promote innovative service delivery at the local
level; and
(6) cooperate and coordinate as appropriate with other
governmental entities in the delivery of services.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 15, eff. Sept. 1,
1997.
§ 40.0521. RULES REGARDING DOMESTIC VIOLENCE. (a) The
department shall adopt and implement rules that require an
investigating employee to document indications of domestic
violence, including elder, spousal, and child abuse. The
department may develop forms to facilitate the documentation
process.
(b) The department by rule shall require that written
information, printed in English and Spanish, concerning community
services that are available to victims of domestic violence be
distributed to those victims. The department may coordinate its
efforts under this subsection with local law enforcement agencies
already providing that information.
(c) The department shall include in its annual report
statistical compilations of information regarding domestic abuse
documented under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 165, § 21.02(a), eff. Sept. 1,
1997.
§ 40.0522. COMMUNITY EDUCATION AND TRAINING RELATING TO
CHILD ABUSE OR NEGLECT. (a) The department shall assure the
availability of community education programs designed to improve
participation of the general public in preventing, identifying, and
treating cases of child abuse or neglect, including parent
education programs.
(b) The department shall assure that training concerning
child abuse or neglect is available to professionals who are
required by law to report, investigate, or litigate those cases.
Added by Acts 1997, 75th Leg., ch. 1022, § 16, eff. Sept. 1,
1997.
§ 40.0523. INFANT MORTALITY PREVENTION EDUCATION
PROGRAM. (a) The department and the Children's Trust Fund of
Texas Council jointly shall develop and implement a statewide
education program designed to prevent infant mortality. The
department and the council shall develop and mutually agree to a
memorandum of understanding to clearly define the responsibilities
of the department and the council under this section.
(b) In developing and implementing the program, the
department and the Children's Trust Fund of Texas Council shall
request the assistance of individuals, governmental entities,
private organizations, and other entities with specific knowledge
of infant mortality prevention.
(c) The board and the Children's Trust Fund of Texas Council
shall adopt rules to implement this section.
Added by Acts 2001, 77th Leg., ch. 157, § 1, eff. Sept. 1, 2001.
§ 40.0524. MULTIDISCIPLINARY TEAMS. (a) To the extent
possible, the department shall establish multidisciplinary teams
to provide services relating to a report of child abuse or neglect.
A multidisciplinary team shall include professionals in parent
education and in each professional discipline necessary to provide
comprehensive medical and psychological services to a child who is
the subject of a report and to members of the child's household.
(b) Members of a multidisciplinary team may exchange
information relating to a report of child abuse or neglect as
necessary to facilitate a thorough investigation of the report.
The department may adopt rules governing the exchange of
information between team members.
(c) A multidisciplinary team established under this section
shall coordinate services provided by the department to a child and
to members of the child's household with services available from
other sources, including public and private agencies in the
community. The goal of the multidisciplinary team is to provide the
greatest range of services possible without duplication of effort.
(d) The department shall establish a process by which
members of a multidisciplinary team are involved in the
department's development and implementation of procedures relating
to coordination of the department's child abuse or neglect services
with services provided by other public and private agencies.
Added by Acts 1997, 75th Leg., ch. 1022, § 16, eff. Sept. 1,
1997. Renumbered from V.T.C.A., Human Resources Code § 40.0523
by Acts 2001, 77th Leg., ch. 157, § 1.
§ 40.0525. SEPARATION OF INVESTIGATORY AND SERVICE
DELIVERY FUNCTIONS. (a) To the extent feasible, the department
shall separate the performance of investigations by department
employees from the delivery of services to clients and their
families. The department may take into consideration the needs and
caseloads in the different programs and regions of the state in
developing policies for the separation of the department's
investigatory and service delivery functions.
(b) The department shall develop policies and procedures
for the exchange of information between employees who are
responsible for performing investigations and employees who are
responsible for the delivery of services to clients and families.
(c) This section does not require the department to
establish separate departments for investigations and service
delivery.
Added by Acts 1997, 75th Leg., ch. 1022, § 17, eff. Sept. 1,
1997.
§ 40.053. DUTY TO PERFORM OTHER FUNCTIONS. The
department shall perform other functions as required by law.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.054. ACCESS TO CRIMINAL HISTORY. Subject to the
availability of funds appropriated by the legislature, the
department is entitled to obtain any criminal history information
from records maintained by:
(1) the Department of Public Safety, as prescribed by
Section 411.114, Government Code;
(2) another law enforcement agency in this state,
subject to the same procedures and limitations prescribed by
Section 411.114, Government Code, as applicable; or
(3) federal agencies, as provided by federal law.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.055. LEGISLATIVE APPROPRIATION REQUEST. The
department shall submit any legislative appropriation request to
the commission for comment and for incorporation into the
commission's consolidated health and human services budget
recommendation. The legislative appropriation request must comply
with state priorities and federal requirements.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.056. USE OF FUNDS. (a) Notwithstanding any other
provision of law, the department may extend the scope of its
programs to the extent necessary to ensure that federal matching
funds are available, if the department determines that the
extension of scope is feasible and within the limits of
appropriated funds.
(b) The department may accept, spend, and transfer federal
and state funds appropriated for programs authorized by federal
law. The department may accept, spend, and transfer funds received
from any source, including a county, municipality, or public or
private agency.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.0561. COMMUNITY YOUTH DEVELOPMENT
GRANTS. (a) Subject to available funding, the department shall
award community youth development grants to communities identified
by incidence of crime. The department shall give priority in
awarding grants under this section to areas of the state in which
there is a high incidence of juvenile crime.
(b) The purpose of a grant under this section is to assist a
community in alleviating conditions in the family and community
that lead to juvenile crime.
Added by Acts 1997, 75th Leg., ch. 165, § 21.03(a), eff. Sept. 1,
1997.
§ 40.0562. FEDERAL FUNDING FOR CERTAIN
CHILDREN. (a) For purposes of Medicaid eligibility only, the
department shall classify as a "child in substitute care" each
child who is in the conservatorship of the state and placed in the
home of a relative. A child classified as a "child in substitute
care" under this subsection is not automatically eligible to
receive foster care payments because of that classification.
(b) The department shall ensure that each time study used to
allocate costs identifies all costs incurred on behalf of a child if
the child's case plan clearly indicates that substitute care is the
planned arrangement for that child.
(c) The department shall claim federal financial
participation under Title IV-E, Social Security Act (42 U.S.C.
Section 670 et seq.), for all nonrecurring adoption expenses at the
highest rate authorized by federal law. The department shall
include all charges from state attorneys and state courts and any
applicable overhead. The department may claim the expenses as
either administrative or training expenses depending on which
classification results in a higher federal match.
Added by Acts 1997, 75th Leg., ch. 165, § 21.04(a), eff. Sept. 1,
1997.
§ 40.0563. FEDERAL REIMBURSEMENT FOR FOSTER CARE
COSTS. The department shall work with the Health and Human
Services Commission to develop methods to maximize the amount of
federal reimbursement funds received under:
(1) Title IV-E, Social Security Act (42 U.S.C. Section
670 et seq.), for administering the foster care program and for
providing child care in for-profit facilities through the foster
care program; and
(2) Title XIX, Social Security Act (42 U.S.C. Section
1396 et seq.).
Added by Acts 1997, 75th Leg., ch. 484, § 1, eff. Sept. 1, 1997.
§ 40.0564. DEPARTMENT FUNDS. All money paid to the
department under this chapter is subject to Subchapter F, Chapter
404, Government Code.
Added by Acts 1997, 75th Leg., ch. 1022, § 18, eff. Sept. 1,
1997.
§ 40.0565. REPORT. The department shall file with the
governor and the presiding officer of each house of the legislature
a complete and detailed written report accounting for all funds
received and disbursed by the department during the preceding
fiscal year. The annual report must meet the reporting
requirements, including reporting deadlines, applicable to
financial reporting in the General Appropriations Act.
Added by Acts 1997, 75th Leg., ch. 1022, § 18, eff. Sept. 1,
1997.
§ 40.0566. COUNTY OUTREACH PROGRAM. (a) The
department shall develop and implement a standard statewide
outreach program under which the department:
(1) informs each county of the availability of federal
funds to pay costs of providing child protective services within
the county; and
(2) provides technical assistance on request to a
county seeking federal funds.
(b) In implementing the program, the department shall:
(1) designate local department personnel responsible
for performing the functions specified in Subsection (a);
(2) designate a statewide coordinator responsible for
coordinating the activities of local department personnel and
developing methods of providing information to counties; and
(3) develop a database that:
(A) identifies department and county personnel
involved with the outreach program; and
(B) contains information regarding the date and
type of assistance provided by the department to each county.
(c) The department, in consultation with the Legislative
Budget Board, shall ensure that a record is maintained of the amount
of funding for child protective services that each county receives
directly from the federal government.
Added by Acts 1997, 75th Leg., ch. 1022, § 18, eff. Sept. 1,
1997. Renumbered from § 40.0563 by Acts 1999, 76th Leg., ch. 62,
§ 19.01(79), eff. Sept. 1, 1999.
§ 40.057. GIFTS AND GRANTS. The department may accept a
gift or grant from a public or private source to perform any of the
department's powers or duties.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.058. CONTRACTS AND AGREEMENTS. (a) The
department may enter into contracts or agreements with any person,
including a federal, state, or other public or private agency, as
necessary to perform any of the department's powers or duties.
(b) A contract for the purchase of program-related client
services must include:
(1) clearly defined goals and outcomes that can be
measured to determine whether the objectives of the program are
being achieved;
(2) clearly defined sanctions or penalties for
noncompliance with contract terms; and
(3) clearly specified accounting, reporting, and
auditing requirements applicable to money received under the
contract.
(c) The department shall monitor a contractor's performance
under a contract for the purchase of program-related client
services. In monitoring performance, the department shall:
(1) use a risk-assessment methodology to ensure
compliance with financial and performance requirements under the
contract; and
(2) obtain and evaluate program cost information to
ensure that all costs, including administrative costs, are
reasonable and necessary to achieve program objectives.
(d) An agreement made under this section is not subject to
Chapter 771 or 791, Government Code.
(e) This section does not prohibit the department from
entering into a contract or agreement subject to Chapter 771 or 791,
Government Code, for a purpose authorized in the applicable
chapter.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 19, eff. Sept. 1,
1997.
§ 40.059. FEES. The department may set and charge
appropriate fees in the administration and delivery of services.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.060. INDEMNIFICATION FOR LEGAL EXPENSES. If a
present or former employee of the department who is or was involved
in activities relating to the protection of children or elderly or
disabled persons is criminally prosecuted for conduct involving the
person's misfeasance or nonfeasance in the course and scope of the
person's employment and is found not guilty after a trial or appeal
or if the complaint or indictment is dismissed without a plea of
guilty or nolo contendere being entered, the department may
indemnify the person or the person's estate for the reasonable
attorney's fees incurred in defense of the prosecution up to a
maximum of $10,000.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.061. IMMUNITY. (a) A department employee, a
member of a multidisciplinary team established under Section
40.0524, or an authorized department volunteer who performs a
departmental duty or responsibility is immune from civil or
criminal liability for any act or omission that relates to the duty
or responsibility if the person acted in good faith and within the
scope of the person's authority.
(b) In this section, "volunteer" means a person who:
(1) renders services for or on behalf of the
department under the supervision of a department employee; and
(2) does not receive compensation that exceeds the
authorized expenses the person incurs in rendering those services.
(c) This section does not provide immunity to a department
employee who, in a suit affecting the parent-child relationship in
which child abuse is alleged or that arises out of a child abuse
investigation, in a criminal prosecution for an offense in which
child abuse is an element, or in the preparation of the suit or
prosecution:
(1) commits or attempts to commit perjury;
(2) fabricates or attempts to fabricate evidence;
(3) knowingly conceals or intentionally withholds
information that would establish that a person alleged to have
committed child abuse did not commit child abuse; or
(4) violates state or federal law in the investigation
or prosecution of the suit.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 20, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 157, § 2, eff. Sept. 1, 2001.
§ 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The
department is not required to pay any cost or fee otherwise imposed
for court proceedings or other services, including a:
(1) filing fee or fee for issuance or service of
process imposed by Section 110.002, Family Code, or by Section
51.317, 51.318(b)(2), or 51.319, Government Code;
(2) transfer fee imposed by Section 110.002 or
110.005, Family Code;
(3) court reporter fee imposed by Section 51.601,
Government Code;
(4) judicial fund fee imposed by Sections 51.701 and
51.702, Government Code;
(5) judge's fee imposed by Section 25.0008 or 25.0029,
Government Code;
(6) cost or security fee imposed by Section 12 or 622,
Probate Code; or
(7) fee imposed by a county officer under Section
118.011 or 118.052, Local Government Code.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 21, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 426, § 6, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1420, § 9.001(g), eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 733, § 1, eff. Sept. 1, 2003.
§ 40.063. EXCEPTIONS FROM CERTAIN PROVISIONS OF
ADMINISTRATIVE PROCEDURE ACT. Section 2001.038 and Subchapters C
through H, Chapter 2001, Government Code, do not apply to the
granting, payment, denial, or withdrawal of financial or medical
assistance or benefits under a service program of the department.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.064. INTERAGENCY COOPERATION AND EXCHANGE OF
INFORMATION. (a) The department may execute a memorandum of
understanding with another state agency to facilitate the
implementation of a program or the delivery of a service that the
department is required by law to implement or deliver.
(b) The department may establish procedures to exchange
with another state agency or governmental entity information that
is necessary for the department or the agency or entity to properly
execute its respective duties and responsibilities. An exchange of
information does not affect whether the information is subject to
disclosure under Chapter 552, Government Code.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.065. COMMUNICATIONS OFFICER; PLAN. (a) The
department shall designate one or more department employees to be
primarily responsible for communicating with the public regarding
the department's powers and duties. Through the use of designated
employees, the department shall ensure:
(1) effective communications between the department
and persons seeking to report abuse or neglect or inquiring about
the status of a case; and
(2) effective and timely response to questions from
the public within the department's confidentiality guidelines.
(b) The department shall develop and implement a
communication plan to ensure statewide public and government
awareness of child abuse or neglect investigated by the department.
The plan shall include information detailing the procedure followed
by the department during the investigation and the responsibilities
of the department in child abuse cases. In implementing the plan,
the department shall establish a process for expediting the
reporting of child abuse or neglect to the department. The
department shall adopt rules to implement this subsection.
Added by Acts 1995, 74th Leg., ch. 920, § 1, eff. Sept. 1, 1995.
§ 40.066. COOPERATION WITH STATE OFFICE OF
ADMINISTRATIVE HEARINGS. (a) Except as provided by Subsection
(e), the department and the chief administrative law judge of the
State Office of Administrative Hearings shall adopt a memorandum of
understanding under which the State Office of Administrative
Hearings, on behalf of the department, conducts all contested case
hearings authorized or required by law to be conducted by the
department under the administrative procedure law, Chapter 2001,
Government Code.
(b) The memorandum of understanding shall require the chief
administrative law judge, the department, and the executive
director to cooperate in connection with a contested case hearing
and may authorize the State Office of Administrative Hearings to
perform any administrative act, including giving of notice, that is
required to be performed by the department or executive director.
(c) The administrative law judge who conducts a contested
case hearing for the State Office of Administrative Hearings on
behalf of the department shall enter the final decision in the case
after completion of the hearing.
(d) The department by interagency contract shall reimburse
the State Office of Administrative Hearings for the costs incurred
in conducting contested case hearings for the department. The
department may pay an hourly fee for the costs of conducting those
hearings or a fixed annual fee negotiated biennially by the
department and the State Office of Administrative Hearings to
coincide with the department's legislative appropriations request.
(e) This section does not apply to a personnel grievance
hearing involving a department employee.
(f) Unless otherwise agreed by all parties to a contested
case, a hearing conducted by the State Office of Administrative
Hearings on behalf of the department under this section must be held
in the department's administrative region in which the conduct at
issue in the case occurred.
Added by Acts 1997, 75th Leg., ch. 1022, § 22, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1128, § 1, eff. Sept.
1, 1999.
§ 40.067. DELIVERY OF SERVICES IN AREAS BORDERING UNITED
MEXICAN STATES. The department shall:
(1) study issues related to providing child and adult
protective services in areas bordering the United Mexican States;
(2) develop a plan for providing those services in the
most efficient manner; and
(3) pursue and enter into agreements for coordinated
services, to the extent permissible under federal law, with the
United Mexican States or any of its political subdivisions.
Added by Acts 1997, 75th Leg., ch. 1022, § 22, eff. Sept. 1,
1997.
§ 40.068. LOCAL ACCOUNTS. (a) The department may
establish and maintain local bank or savings accounts for a client
of the department as necessary to administer funds belonging to the
client or received in trust for or on behalf of the client.
(b) Funds maintained in an account for the benefit of a
child who is under the managing conservatorship of the department
may be used by the department for the support of the child,
including the payment of foster care expenses, or may be paid to a
person providing care for the child.
(c) The department shall spend funds in a guardianship of a
client's estate in compliance with Chapter XIII, Texas Probate
Code.
(d) Except as provided by Subsection (c), funds maintained
in an account for the benefit of a client of the department may be
used to provide care, including medical care, for the client.
Added by Acts 1997, 75th Leg., ch. 1022, § 22, eff. Sept. 1,
1997.
§ 40.069. REQUIRED AFFIDAVIT FOR APPLICANTS FOR
EMPLOYMENT. (a) An applicant for temporary or permanent
employment with the department whose employment or potential
employment with the department involves direct interactions with or
the opportunity to interact and associate with children must
execute and submit the following affidavit with the application for
employment:
STATE OF ____________
COUNTY OF ____________
I swear or affirm under penalty of perjury that I do not now
and I have not at any time, either as an adult or as a juvenile:
1. Been convicted of;
2. Pleaded guilty to (whether or not resulting in a
conviction);
3. Pleaded nolo contendere or no contest to;
4. Admitted;
5. Had any judgment or order rendered against me (whether by
default or otherwise);
6. Entered into any settlement of an action or claim of;
7. Had any license, certification, employment, or volunteer
position suspended, revoked, terminated, or adversely affected
because of;
8. Been diagnosed as having or have been treated for any
mental or emotional condition arising from;
9. Resigned under threat of termination of employment or
volunteerism for;
10. Had a report of child abuse or neglect made and
substantiated against me for; or
11. Have any pending criminal charges against me in this or
any other jurisdiction for;
Any conduct, matter, or thing (irrespective of formal name
thereof) constituting or involving (whether under criminal or civil
law of any jurisdiction):
1. Any felony;
2. Rape or other sexual assault;
3. Physical, sexual, emotional abuse and/or neglect of a
minor;
4. Incest;
5. Exploitation, including sexual, of a minor;
6. Sexual misconduct with a minor;
7. Molestation of a child;
8. Lewdness or indecent exposure;
9. Lewd and lascivious behavior;
10. Obscene or pornographic literature, photographs, or
videos;
11. Assault, battery, or any violent offense involving a
minor;
12. Endangerment of a child;
13. Any misdemeanor or other offense classification
involving a minor or to which a minor was a witness;
14. Unfitness as a parent or custodian;
15. Removing children from a state or concealing children in
violation of a court order;
16. Restrictions or limitations on contact or visitation with
children or minors;
17. Any type of child abduction; or,
18. Similar or related conduct, matters, or things.
Except the following (list all incidents, location,
description, and date) (if none, write NONE):
Signed________________________
Date_______________.
Subscribed and sworn to (or affirmed) before me this ______ day of
_________________,_________.
Signature of notarial officer ______________________________.
(seal, if any, of notarial officer)
My commission expires: ___________
(b) The failure or refusal of the applicant to sign or
provide the affidavit constitutes good cause for refusal to hire
the applicant.
Added by Acts 1997, 75th Leg., ch. 1022, § 22, eff. Sept. 1,
1997.
§ 40.070. SUPPORT SERVICES FOR CERTAIN
FAMILIES. (a) If the department places a child who is in the
conservatorship of the state in the home of a grandparent of the
child, the department shall:
(1) refer the grandparent to support services offered
by the department; and
(2) inform the grandparent of the availability of
financial assistance under Chapter 31, including supplemental
financial assistance, if the eligibility requirements of that
chapter are satisfied.
(b) The department shall maintain complete records and
compile statistics regarding the number of children who are placed
by the department in the home of a grandparent of the child.
Added by Acts 1999, 76th Leg., ch. 471, § 2, eff. Sept. 1, 1999.
SUBCHAPTER D. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION PROGRAMS
§ 40.101. DEFINITIONS. In this subchapter:
(1) "Children's trust fund" means a child abuse and
neglect primary prevention program.
(2) "Primary prevention" means services and
activities available to the community at large or to families to
prevent child abuse and neglect before it occurs.
(3) "Operating fund" means the Department of
Protective and Regulatory Services child abuse and neglect
prevention operating fund account.
(4) "State agency" means a board, commission,
department, office, or other state agency that:
(A) is in the executive branch of the state
government;
(B) was created by the constitution or a statute
of this state; and
(C) has statewide jurisdiction.
(5) "Trust fund" means the child abuse and neglect
prevention trust fund account.
Added by Acts 2001, 77th Leg., ch. 957, § 1, eff. Sept. 1, 2001.
§ 40.102. CHILD ABUSE AND NEGLECT PRIMARY PREVENTION
PROGRAMS. (a) The department shall operate the children's trust
fund to:
(1) set policy, offer resources for community primary
prevention programs, and provide information and education on
prevention of child abuse and neglect;
(2) develop a state plan for expending funds for child
abuse and neglect primary prevention programs that includes an
annual schedule of transfers of trust fund money to the operating
fund;
(3) develop eligibility criteria for applicants
requesting funding for child abuse and neglect primary prevention
programs; and
(4) establish funding priorities for child abuse and
neglect primary prevention programs.
(b) The children's trust fund shall accommodate the
department's existing rules and policies in procuring, awarding,
and monitoring contracts and grants.
(c) The department may:
(1) apply for and receive funds made available by the
federal government or another public or private source for
administering programs under this subchapter and for funding for
child abuse and neglect primary prevention programs; and
(2) solicit donations for child abuse and neglect
primary prevention programs.
Added by Acts 2001, 77th Leg., ch. 957, § 1, eff. Sept. 1, 2001.
§ 40.103. [BLANK].
§ 40.104. ADMINISTRATIVE AND OTHER
COSTS. (a) Administrative costs under this subchapter 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
governmental source or a nongovernmental source for public
education or public awareness may not be counted as administrative
costs for the purposes of this section.
Added by Acts 2001, 77th Leg., ch. 957, § 1, eff. Sept. 1, 2001.
§ 40.105. CHILD ABUSE AND NEGLECT PREVENTION TRUST FUND
ACCOUNT. (a) The child abuse and neglect prevention trust fund
account is an account in the general revenue fund.
(b) The department may transfer money contained in the trust
fund to the operating fund at any time. However, during a fiscal
year the department may not transfer more than the amount
appropriated for the operating fund for that 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
primary prevention programs.
(c) Interest earned on the trust fund shall be credited to
the trust fund.
(d) The trust fund is exempt from the application of Section
403.095, Government Code.
Added by Acts 2001, 77th Leg., ch. 957, § 1, eff. Sept. 1, 2001.
§ 40.106. DEPARTMENT OPERATING FUND ACCOUNT. (a) The
Department of Protective and Regulatory Services child abuse and
neglect prevention operating fund account is an account in the
general revenue fund.
(b) Administrative and other costs allowed in Section
40.104 shall be taken from the operating fund. The department may
transfer funds contained in the operating fund to the trust fund at
any time.
(c) The legislature may appropriate the money in the
operating fund to carry out the provisions of this subchapter.
(d) The operating fund is exempt from the application of
Section 403.095, Government Code.
Added by Acts 2001, 77th Leg., ch. 957, § 1, eff. Sept. 1, 2001.
§ 40.107. CONTRIBUTIONS. (a) The department may
solicit contributions from any appropriate source.
(b) Any other contributions for child abuse and neglect
primary prevention or other prevention and early intervention
programs shall be deposited into a separate designated fund in the
state treasury and shall be used for that designated purpose.
(c) A person may contribute funds to either the trust fund,
the operating fund, or a fund designated by the department for a
specific child abuse and neglect primary prevention or other
prevention or early intervention purpose.
(d) 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.
Added by Acts 2001, 77th Leg., ch. 957, § 1, eff. Sept. 1, 2001.
