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  H.B. No. 492
 
 
 
 
AN ACT
  relating to the expansion of faith- and community-based health and
  human services and social services initiatives.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) Subtitle I, Title 4, Government Code, is
  amended by adding Chapter 535 to read as follows:
  CHAPTER 535. PROVISION OF HUMAN SERVICES AND OTHER
  SOCIAL SERVICES THROUGH FAITH- AND COMMUNITY-BASED ORGANIZATIONS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 535.001.  DEFINITIONS. In this chapter:
               (1)  "Community-based initiative" includes a social,
  health, human services, or volunteer income tax assistance
  initiative operated by a community-based organization.
               (2)  "Community-based organization" means a nonprofit
  corporation or association that is located in close proximity to
  the population the organization serves.
               (3)  "Faith-based initiative" means a social, health,
  or human services initiative operated by a faith-based
  organization.
               (4)  "Faith-based organization" means a nonprofit
  corporation or association that:
                     (A)  is operated through a religious or
  denominational organization, including an organization that is
  operated for religious, educational, or charitable purposes and
  that is operated, supervised, or controlled, wholly or partly, by
  or in connection with a religious organization; or
                     (B)  clearly demonstrates through the
  organization's mission statement, policies, or practices that the
  organization is guided or motivated by religion.
               (5)  "State Commission on National and Community
  Service" means the entity used as authorized by 42 U.S.C. Section
  12638(a) to carry out the duties of a state commission under the
  National and Community Service Act of 1990 (42 U.S.C. Section 12501
  et seq.).
         Sec. 535.002.  PURPOSE. The purpose of this chapter is to
  strengthen the capacity of faith- and community-based
  organizations and to forge stronger partnerships between those
  organizations and state government for the legitimate public
  purpose of providing charitable and social services to persons in
  this state.
         Sec. 535.003.  CONSTRUCTION. This chapter may not be
  construed to:
               (1)  exempt a faith- or community-based organization
  from any applicable state or federal law; or
               (2)  be an endorsement or sponsorship by this state of
  the religious character, expression, beliefs, doctrines, or
  practices of a faith-based organization.
         Sec. 535.004.  APPLICABILITY OF CERTAIN FEDERAL LAW. A
  power authorized or duty imposed under this chapter must be
  performed in a manner that is consistent with 42 U.S.C. Section
  604a.
  [Sections 535.005-535.050 reserved for expansion]
  SUBCHAPTER B. GOVERNMENTAL LIAISONS FOR FAITH- AND
  COMMUNITY-BASED ORGANIZATIONS
         Sec. 535.051.  DESIGNATION OF FAITH- AND COMMUNITY-BASED
  LIAISONS. (a) The executive commissioner, in consultation with
  the governor, shall designate one employee from the commission and
  from each health and human services agency to serve as a liaison for
  faith- and community-based organizations.
         (b)  The chief administrative officer of each of the
  following state agencies, in consultation with the governor, shall
  designate one employee from the agency to serve as a liaison for
  faith- and community-based organizations:
               (1)  the Office of Rural Community Affairs;
               (2)  the Texas Commission on Environmental Quality;
               (3)  the Texas Department of Criminal Justice;
               (4)  the Texas Department of Housing and Community
  Affairs;
               (5)  the Texas Education Agency;
               (6)  the Texas Juvenile Probation Commission;
               (7)  the Texas Veterans Commission;
               (8)  the Texas Workforce Commission;
               (9)  the Texas Youth Commission; and
               (10)  other state agencies as determined by the
  governor.
         Sec. 535.052.  GENERAL DUTIES OF LIAISONS.  (a)  A faith- and
  community-based liaison designated under Section 535.051 shall:
               (1)  identify and remove unnecessary barriers to
  partnerships between the state agency the liaison represents and
  faith- and community-based organizations;
               (2)  provide information and training, if necessary,
  for employees of the state agency the liaison represents regarding
  equal opportunity standards for faith- and community-based
  organizations seeking to partner with state government;
               (3)  facilitate the identification of practices with
  demonstrated effectiveness for faith- and community-based
  organizations that partner with the state agency the liaison
  represents;
               (4)  work with the appropriate departments and programs
  of the state agency the liaison represents to conduct outreach
  efforts to inform and welcome faith- and community-based
  organizations that have not traditionally formed partnerships with
  the agency;
               (5)  coordinate all efforts with the governor's office
  of faith-based and community initiatives and provide information,
  support, and assistance to that office as requested to the extent
  permitted by law and as feasible; and
               (6)  attend conferences sponsored by federal agencies
  and offices and other relevant entities to become and remain
  informed of issues and developments regarding faith- and
  community-based initiatives.
         (b)  A faith- and community-based liaison designated under
  Section 535.051 may coordinate and interact with statewide
  organizations that represent faith- or community-based
  organizations as necessary to accomplish the purposes of this
  chapter.
         Sec. 535.053.  INTERAGENCY COORDINATING GROUP. (a) The
  interagency coordinating group for faith- and community-based
  initiatives is composed of each faith- and community-based liaison
  designated under Section 535.051 and a liaison from the State
  Commission on National and Community Service.
         (b)  The commission employee designated as a liaison under
  Section 535.051 is the presiding officer of the interagency
  coordinating group.
         (c)  The interagency coordinating group shall:
               (1)  meet periodically at the call of the presiding
  officer;
               (2)  work across state agencies and with the State
  Commission on National and Community Service to facilitate the
  removal of unnecessary interagency barriers to partnerships
  between state agencies and faith- and community-based
  organizations; and
               (3)  operate in a manner that promotes effective
  partnerships between those agencies and organizations to serve
  residents of this state who need assistance.
         Sec. 535.054.  REPORTS. (a)  A liaison designated under
  Section 535.051 shall:
               (1)  provide periodic reports to the executive
  commissioner or other chief executive officer who designated the
  liaison, as applicable, on a schedule determined by the person who
  designated the liaison; and
               (2)  report annually to the governor's office of
  faith- and community-based initiatives and as necessary to the
  State Commission on National and Community Service regarding the
  liaison's efforts to comply with the duties imposed under Sections
  535.052 and 535.053.
         (b)  Each report made under Subsection (a)(2) must be made
  available to the public through posting on the office of the
  governor's Internet website, and the reports may be aggregated into
  a single report for that purpose.
  [Sections 535.055-535.100 reserved for expansion]
  SUBCHAPTER C.  RENEWING OUR COMMUNITIES ACCOUNT
         Sec. 535.101.  DEFINITION.  In this subchapter, "account" 
  means the renewing our communities account.
         Sec. 535.102.  PURPOSES OF SUBCHAPTER. Recognizing that
  faith- and community-based organizations provide a range of vital
  charitable services to persons in this state, the purposes of this
  subchapter are to:
               (1)  increase the impact and effectiveness of those
  organizations;
               (2)  forge stronger partnerships between those
  organizations and state government so that communities are
  empowered to serve persons in need and community capacity for
  providing services is strengthened; and
               (3)  create a funding mechanism that builds on the
  established efforts of those organizations and operates to create
  new partnerships in local communities for the benefit of this
  state.
         Sec. 535.103.  RENEWING OUR COMMUNITIES ACCOUNT. (a)  The
  renewing our communities account is an account in the general
  revenue fund that may be appropriated only to the commission for the
  purposes and activities authorized by this subchapter and for
  reasonable administrative expenses under this subchapter.
         (b)  The account consists of:
               (1)  all money appropriated for the purposes of this
  subchapter;
               (2)  any gifts, grants, or donations received for the
  purposes of this subchapter; and
               (3)  interest earned on money in the account.
         (c)  The account is exempt from the application of Section
  403.095.
         (d)  The purposes of the account are to:
               (1)  increase the capacity of faith- and
  community-based organizations to provide charitable services and
  to manage human resources and funds;
               (2)  assist local governmental entities in
  establishing local offices to promote faith- and community-based
  initiatives; and
               (3)  foster better partnerships between state
  government and faith- and community-based organizations.
         Sec. 535.104.  POWERS AND DUTIES REGARDING ACCOUNT. (a) The
  commission shall:
               (1)  contract with the State Commission on National and
  Community Service to administer funds appropriated from the account
  in a manner that:
                     (A)  consolidates the capacity of and strengthens
  national service and community and faith- and community-based
  initiatives; and
                     (B)  leverages public and private funds to benefit
  this state;
               (2)  develop a competitive process to be used in
  awarding grants from account funds that is consistent with state
  law and includes objective selection criteria;
               (3)  oversee the delivery of training and other
  assistance activities under this subchapter;
               (4)  develop criteria limiting awards of grants under
  Section 535.105(1)(A) to small and medium-sized faith- and
  community-based organizations that provide charitable services to
  persons in this state;
               (5)  establish general state priorities for the
  account;
               (6)  establish and monitor performance and outcome
  measures for persons to whom grants are awarded under this
  subchapter; and
               (7)  establish policies and procedures to ensure that
  any money appropriated from the account to the commission that is
  allocated to build the capacity of a faith-based organization or
  for a faith-based initiative, including money allocated for the
  establishment of the advisory committee under Section 535.108, is
  not used to advance a sectarian purpose or to engage in any form of
  proselytization.
         (b)  Instead of contracting with the State Commission on
  National and Community Service under Subsection (a)(1), the
  commission may award account funds appropriated to the commission
  to the State Commission on National and Community Service in the
  form of a grant.
         (c)  Any funds awarded to the State Commission on National
  and Community Service under a contract or through a grant under this
  section must be administered in the manner required by this
  subchapter, including Subsection (a)(1).
         (d)  The commission or the State Commission on National and
  Community Service, in accordance with the terms of the contract or
  grant, as applicable, may:
               (1)  directly, or through agreements with one or more
  entities that serve faith- and community-based organizations that
  provide charitable services to persons in this state:
                     (A)  assist faith- and community-based
  organizations with:
                           (i)  writing or managing grants through
  workshops or other forms of guidance;
                           (ii)  obtaining legal assistance related to
  forming a corporation or obtaining an exemption from taxation under
  the Internal Revenue Code; and
                           (iii)  obtaining information about or
  referrals to entities that provide expertise in accounting, legal,
  or tax issues, program development matters, or other organizational
  topics;
                     (B)  provide information or assistance to
  faith- and community-based organizations related to building the
  organizations' capacity for providing services;
                     (C)  facilitate the formation of networks, the
  coordination of services, and the sharing of resources among
  faith- and community-based organizations;
                     (D)  in cooperation with existing efforts, if
  possible, conduct needs assessments to identify gaps in services in
  a community that present a need for developing or expanding
  services;
                     (E)  work with faith- and community-based
  organizations to identify the organizations' needs for
  improvements in their internal capacity for providing services;
                     (F)  provide faith- and community-based
  organizations with information on and assistance in identifying or
  using practices with demonstrated effectiveness for delivering
  charitable services to persons, families, and communities and in
  replicating charitable services programs that have demonstrated
  effectiveness; and
                     (G)  encourage research into the impact of
  organizational capacity on program delivery for faith- and
  community-based organizations;
               (2)  assist a local governmental entity in creating a
  better partnership between government and faith- and
  community-based organizations to provide charitable services to
  persons in this state; and
               (3)  use funds appropriated from the account to provide
  matching money for federal or private grant programs that further
  the purposes of the account as described by Section 535.103(d).
         (e)  The commission shall monitor the use of the funds
  administered by the State Commission on National and Community
  Service under a contract or through a grant under this section to
  ensure that the funds are used in a manner consistent with the
  requirements of this subchapter. Records relating to the award of a
  contract or grant to the State Commission on National and Community
  Service, or to grants awarded by that entity, and records relating
  to other uses of the funds are public information subject to Chapter
  552.
         (f)  If the commission contracts with or awards a grant to
  the State Commission on National and Community Service under this
  section, this subchapter may not be construed to:
               (1)  release that entity from any regulations or
  reporting or other requirements applicable to a contractor or
  grantee of the commission;
               (2)  impose regulations or reporting or other
  requirements on that entity that do not apply to other contractors
  or grantees of the commission solely because of the entity's
  status;
               (3)  alter the nonprofit status of that entity or the
  requirements for maintaining that status; or
               (4)  convert that entity into a governmental entity
  because of the receipt of account funds through the contract or
  grant.
         Sec. 535.105.  ADMINISTRATION OF ACCOUNT FUNDS. If under
  Section 535.104 the commission contracts with or awards a grant to
  the State Commission on National and Community Service, that
  entity:
               (1)  may award grants from funds appropriated from the
  account to:
                     (A)  faith- and community-based organizations
  that provide charitable services to persons in this state for
  capacity-building purposes; and
                     (B)  local governmental entities to provide seed
  money for local offices for faith- and community-based initiatives;
  and
               (2)  shall monitor performance and outcome measures for
  persons to whom that entity awards grants using the measures
  established by the commission under Section 535.104(a)(6).
         Sec. 535.106.  REPORTS AND PUBLIC INFORMATION. (a) The
  commission shall provide a link on the commission's Internet
  website to the Internet website of the State Commission on National
  and Community Service if the commission contracts with or awards a
  grant to that entity under Section 535.104. The entity's Internet
  website must provide:
               (1)  a list of the names of each person to whom the
  entity awarded a grant from money appropriated from the account and
  the amount and purpose of the grant; and
               (2)  information regarding the methods by which the
  public may request information about those grants.
         (b)  If awarded a contract or grant under Section 535.104,
  the State Commission on National and Community Service must provide
  to the commission periodic reports on a schedule determined by the
  executive commissioner. The schedule of periodic reports must
  include an annual report that includes:
               (1)  a specific accounting with respect to the use by
  that entity of money appropriated from the account, including the
  names of persons to whom grants have been awarded and the purposes
  of those grants; and
               (2)  a summary of the efforts of the faith- and
  community-based liaisons designated under Section 535.051 to
  comply with the duties imposed by and the purposes of Sections
  535.052 and 535.053.
         (c)  The commission shall post the annual report made under
  Subsection (b) on the commission's Internet website and shall
  provide copies of the report to the governor, the lieutenant
  governor, and the members of the legislature.
         Sec. 535.107.  TASK FORCE ON STRENGTHENING NONPROFIT
  CAPACITY. (a) The executive commissioner, in consultation with
  the governor, shall establish a task force to make recommendations
  for strengthening the capacity of faith- and community-based
  organizations for managing human resources and funds and providing
  services. The members of the task force must include:
               (1)  representatives from state agencies, nonprofit
  organizations, the academic community, and the foundation
  community; and
               (2)  other individuals who have expertise that would be
  valuable to the task force.
         (b)  Using money appropriated from the account, the task
  force shall hold at least three public hearings in various
  geographic areas of this state, at least one of which must be
  outside of Central Texas. The task force shall hear testimony at
  the hearings regarding strengthening the capacity of faith- and
  community-based organizations to manage human resources and funds
  and provide services.
         (c)  The task force is not required to hold a public hearing
  if the remaining money appropriated from the account to the
  commission for the state fiscal biennium is insufficient for the
  performance of the duties or activities under this subchapter.
         (d)  The task force shall present a report and legislative
  recommendations to the House Committee on Human Services or its
  successor, the House Committee on Public Health or its successor,
  and the Senate Health and Human Services Committee or its successor
  not later than September 1, 2010, regarding its recommendations.
         (e)  This section expires September 1, 2011.
         Sec. 535.108.  RENEWING OUR COMMUNITIES ACCOUNT ADVISORY
  COMMITTEE. (a) The executive commissioner shall appoint leaders
  of faith- and community-based organizations in this state to serve
  on the renewing our communities account advisory committee. The
  advisory committee members must be representative of the religious,
  cultural, and geographic diversity of this state and the diversity
  of organization types and sizes in this state.
         (b)  The advisory committee shall make recommendations to
  the executive commissioner regarding the powers and duties with
  respect to the account as described by Section 535.104.
         (c)  Except as otherwise provided by this subsection, the
  advisory committee shall meet at least twice each calendar year.
  The advisory committee is not required to meet if the remaining
  amount appropriated from the account to the commission for the
  state fiscal biennium is insufficient for the performance of any
  duties or activities under this subchapter.
         (d)  Chapter 2110 does not apply to the advisory committee.
         (e)  The advisory committee is subject to Chapter 551.
         (b)  The executive commissioner of the Health and Human
  Services Commission and the chief executive officers of the Office
  of Rural Community Affairs, the Texas Commission on Environmental
  Quality, the Texas Department of Criminal Justice, the Texas
  Department of Housing and Community Affairs, the Texas Education
  Agency, the Texas Juvenile Probation Commission, the Texas Veterans
  Commission, the Texas Workforce Commission, the Texas Youth
  Commission, and any other state agency as determined by the
  governor shall designate the liaisons for faith- and
  community-based initiatives as required under Section 535.051,
  Government Code, as added by this section, not later than December
  1, 2009.
         (c)  The interagency coordinating group established under
  Section 535.053, Government Code, as added by this section, shall
  hold its first meeting not later than February 1, 2010.
         SECTION 2.  This Act does not make an appropriation.  A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 3.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 492 was passed by the House on April
  24, 2009, by the following vote:  Yeas 119, Nays 15, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 492 on May 18, 2009, by the following vote:  Yeas 139, Nays 2, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 492 was passed by the Senate, with
  amendments, on May 14, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor