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S.B. No. 52
AN ACT
relating to a competitive grant program for aging and disability
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 142.0174, Health and Safety Code, is
amended to read as follows:
Sec. 142.0174. USE OF ADMINISTRATIVE PENALTY [DEPOSITED TO
STATE TREASURY]. An administrative penalty collected under this
subchapter may [shall] be appropriated for the purpose of funding
the grant program established under Section 161.074, Human
Resources Code [deposited in the state treasury to the credit of the
general revenue fund].
SECTION 2. Subchapter C, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0695 to read as follows:
Sec. 242.0695. USE OF ADMINISTRATIVE PENALTY. Money from
an administrative penalty collected under this subchapter may be
appropriated for the purpose of funding the grant program
established under Section 161.074, Human Resources Code.
SECTION 3. Subchapter C, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0458 to read as follows:
Sec. 247.0458. USE OF ADMINISTRATIVE PENALTY. Money from
an administrative penalty collected under this subchapter may be
appropriated for the purpose of funding the grant program
established under Section 161.074, Human Resources Code.
SECTION 4. Section 252.069, Health and Safety Code, is
amended to read as follows:
Sec. 252.069. USE OF ADMINISTRATIVE PENALTY [DEPOSITED TO
STATE TREASURY]. An administrative penalty collected under this
subchapter may [shall] be appropriated for the purpose of funding
the grant program established under Section 161.074, Human
Resources Code [deposited in the state treasury to the credit of the
general revenue fund].
SECTION 5. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.074 to read as follows:
Sec. 161.074. COMPETITIVE GRANT PROGRAM. (a) The
department shall establish a competitive grant program that
promotes innovation in the delivery of aging and disability
services and improves the quality of life for individuals receiving
those services.
(b) A grant awarded by the department under the program
shall be used to:
(1) test innovative practices in the provision of
aging and disability services; or
(2) disseminate information regarding innovative
practices being used to provide aging and disability services.
(c) The department shall request proposals for the award of
a grant under the program. The department shall evaluate the
proposals and award a grant based on a proposal's academic
soundness, quantifiable effectiveness, and potentially positive
impact on the delivery of aging and disability services.
(d) A grant awarded under Subsection (b)(1) must be made to
an institution of higher education working in cooperation with a
private entity that has committed resources to the project
described in the proposal.
(e) A grant recipient may use grant money received under
this section only to pay for activities directly related to the
purpose of the grant program as described by Subsection (b) and may
not use grant money for fees or advertising.
(f) The department shall establish procedures to administer
the grant program, including a procedure for the submission of a
proposal and a procedure to be used by the department to evaluate a
proposal.
(g) The department shall enter into a contract that includes
performance requirements with each grant recipient. The department
shall monitor and enforce the terms of the contract. The contract
must authorize the department to recoup grant money from a grant
recipient for failure of the grant recipient to comply with the
terms of the contract.
(h) The department shall post on its website a summary of
each grant awarded under this section.
(i) The legislature may appropriate money described by
Sections 142.0174, 242.0695, 247.0458, and 252.069, Health and
Safety Code, including unexpended and unobligated amounts
collected during a previous state fiscal biennium, to fund the
grant program authorized by this section.
SECTION 6. Section 242.405, Health and Safety Code, is
repealed.
SECTION 7. It is the intent of the legislature that the
Department of Aging and Disability Services shall establish the
grant program authorized by Section 161.074, Human Resources Code,
as added by this Act, only if the department determines that the
administrative penalties described by Sections 142.0174, 242.0695,
247.0458, and 252.069, Health and Safety Code, are sufficient to
fund the grants to be awarded.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 52 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0;
May 27, 2005, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 28, 2005, House
granted request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 52 passed the House, with
amendment, on May 25, 2005, by a non-record vote; May 28, 2005,
House granted request of the Senate for appointment of Conference
Committee; May 29, 2005, House adopted Conference Committee Report
by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor