Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor proposes amendments to Chapter 3, Subchapter
A, §§3.1, 3.3, 3.5, 3.7, and 3.11; Subchapter B, §§3.51,
3.73, 3.75, 3.79, and 3.81; Subchapter C, §§3.703, 3.713, 3.1403,
and 3.1413; Subchapter D, §§3.2007, 3.2013, and 3.2021; Subchapter
E, §§3.2501, 3.2507, 3.2511, 3.2513, and 3.2521; and Subchapter
F, §3.2601. The revisions clarify existing provisions and add new general
and fund-specific requirements.
The proposed amendments provide processes and procedures relating to grants
made through the Criminal Justice Division and include, but are not limited
to, general grant applicability and definitions, grant submission, selection,
appeals and acceptance processes, community plans, grant budget requirements,
confidential funds certification, pre-approval requirements for procurement,
grant officials and grant adjustments, financial reports, program monitoring;
and, fund-specific policies relating to criminal justice and victim grants.
Subchapter A concerns General Grant Program Provisions. Subchapter B concerns
General Grant Program Policies. Subchapter C concerns Fund-Specific Grant
Policies. Subchapter D concerns Conditions of Grant Funding. Subchapter E
concerns Administering Grants. Subchapter F concerns Program Monitoring and
Audits.
The Office of the Governor also proposes the repeal of Chapter 3, Subchapter
A, §3.13 and §3.15; Subchapter B, §3.57; Subchapter C, §§3.307,
3.507, 3.707, 3.807, 3.907, 3.1107, 3.1207, and 3.1507; Subchapter F, §3.2605
and §3.2607.
The Office of the Governor reviewed the rules affecting the Criminal Justice
Division grant processes and procedures with the goal of increasing efficiency
and updating the rules to address changes in the administration process. The
review disclosed that a number of the rules required further clarification
and simplification. As a result, the Office of the Governor has determined
that the sections in the Texas Administrative Code identified above should
be amended and repealed.
Tom Jones, Director of Accounting for the Criminal Justice Division, has
determined that for the first five year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mr. Jones also has determined that for the first five-year period that
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be more efficient processes and procedures and the current
rules will be more easily understood. There will be no anticipated economic
cost to persons or small businesses for complying with the sections. There
will be no anticipated economic costs to persons who are required to comply
with the proposed amendments.
Comments on the proposed amendments and repeals may be submitted to Heather
Morgan at the Criminal Justice Division of the Governor's Office, P.O. Box
12428, Austin, Texas 78711, (512) 463-1919.
Subchapter A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.1, 3.3, 3.5, 3.7, 3.11
The amendments are proposed under the Texas Government Code,
Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.1.Applicability.
Subchapters A through F of this chapter apply to all applications for
funding and grants submitted to the Criminal Justice Division (CJD), Office
of the Governor. Subchapter A covers the general provisions for grant funding.
Subchapter B addresses general eligibility and budget rules for grant funding.
Subchapter C outlines specific eligibility and budget rules applicable to
various funding sources available to CJD
; these rules are in addition
to all other general rules in this chapter
. Subchapter D provides rules
detailing the conditions CJD may place on grants. Subchapter E sets out the
rules related to administering grants. Subchapter F specifies rules regarding
program monitoring and audits.
§3.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless otherwise indicated:
(1)-(8)
(No change.)
(9)
special condition: a condition placed on a grant because
of a need for information, clarification, or submission of an outstanding
requirement of the grant; [
(10)
UGMS: the Uniform Grant Management Standards promulgated
by the Governor's Office of Budget and Planning at 1 TAC §§5.141
- 5.167
;
[
(11)
Standard budget categories: personnel,
contractual and professional services, travel, supplies and direct operating
expenses, equipment, and indirect costs; and
(12)
applicant: an agency or organization
that has submitted a grant application or grant renewal documentation.
§3.5.Grant Submission Process.
(a)-(b)
(No change.)
(c)
Once CJD awards a grant that has been
submitted under subsections (a) and (b), it is within the discretion of CJD
to renew that grant. If CJD chooses to exercise this option, then the COG
or CJD will notify the grantee of any documentation needed to renew the award.
Submission of this documentation, within the timelines provided by the COG
or CJD, is a requirement of renewed funding.
§3.7.Selection Process.
(a)-(c)
(No change.)
(d)
For grants being renewed under §3.5(c)
of this chapter, CJD will review the renewal documentation for eligibility,
reasonableness, and cost effectiveness; will determine if the grantee is currently
in good standing; and will make recommendations to the executive director.
The executive director will make the final decision regarding grant renewals.
(e)
[
(f)
[
(1)
If CJD needs additional information on an application submitted
through a COG, CJD will send the report requesting the necessary information
to the COG, and the applicant must provide the response to the COG by a COG-established
deadline.
(2)
If CJD needs additional information on an application submitted
directly to CJD, CJD will send the report directly to the applicant, and the
applicant must provide a response by a CJD-established deadline.
(g)
[
(h)
All funding decisions made by the Executive
Director are final and are not subject to appeal.
§3.11.Grant Acceptance.
Each grantee must accept or reject a grant award within 45 days of
the date upon which CJD issues a Statement of Grant Award. CJD may extend
this deadline upon request from the applicant.
The authorized official
designated under §3.2501 of this chapter
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 9, 2001.
TRD-200103907
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.13, §3.15
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Office of the Governor or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of these rules is proposed under the Texas
Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.13.Appealing Award Decisions.
§3.15.Appeals Process.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103916
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1.
ELIGIBILITY REQUIREMENTS
1 TAC §3.51
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.51.Community Plans.
(a)
A community plan must be on file with a COG before agencies
and organizations may submit an application for local funding to a COG. This
community plan must meet all of the following requirements:
(1)
A community-planning committee must be formed to develop
the plan. The committee shall include representatives from public agencies,
nonprofit corporations, faith-based organizations, concerned citizens, and
persons representing the interests of groups involved in education, health,
juvenile justice, criminal justice, child welfare, law enforcement, community
development, and victim's services. A COG executive committee, with the advice
of the CJAC, may establish policies or procedures to guide the community planning
committees and creation of community plans.
(2)
The community plan must detail the specific local area
that the plan targets. This targeted local area must not overlap any other
community plan's targeted local area
and must cover at least one county.
All counties in a plan must be included in their entirety. No plan may cover
only a portion of a single county
.
(3)
The community plan produced by the community planning committee
must address the affected community's general public safety needs. Further,
the plan must identify the specific local needs, problems, and gaps in resources
that the community planning committee believes potential grant projects should
address. The plan must also identify existing resources and describe how they
will be targeted to complement the work of any potential project.
(4)
Community planning committees must file their community
plans with the applicable COG by a COG-established deadline.
(b)
Organizations must tailor proposed projects to the needs
and problems defined by the community plan. Regional law-enforcement academy
grants funded by a COG and grants submitted directly to CJD are exempt from
this eligibility rule. If a community does not have a filed community plan,
then no organization or agency within that community may apply to a COG for
local grant funding.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103908
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.57
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Office of the Governor or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of this rule is proposed under the Texas
Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.57.Years of Funding.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103917
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §§3.73, 3.75, 3.79, 3.81
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.73.Matching Funds Policy.
(a)
An applicant must prove that it possesses or can acquire
the required matching funds (or in-kind match) to satisfy the matching funds
requirement. An applicant's use of matching funds must comply with the same
rules and guidelines applicable to the use of CJD grant funds.
(b)
If
CJD places
a matching funds requirement
on a grant
[
(c)
A contractor may contribute toward the matching funds requirement,
but the applicant bears the ultimate responsibility for satisfying the matching
funds requirement.
(d)
Applicants may use any funds received through legal asset
forfeiture toward fulfilling the matching funds requirement.
(e)
If an applicant applies for a grant under a funding source
that allows in-kind contributions to satisfy part of the matching funds requirement,
then the following rules apply:
(1)
In-kind contributions may consist of volunteer time, professional
services, travel, building space, non-expendable equipment, materials, and
supplies contributed during the grant period to the applicant by a third party.
(2)
In-kind contributions may include depreciation and use
fees for buildings or equipment acquired by the applicant before the start
of the grant period and used in the grant project. However, the applicant
may only count depreciation that will occur during the grant period as an
in-kind contribution. Use fees qualify as an in-kind contribution only if
supported by cost and depreciation records maintained by the applicant.
(3)
Applicants must maintain records of all in-kind contributions
that include at least the following:
(A)
a full description of the item or service claimed;
(B)
the area, expressed in square feet, of any donated building
space;
(C)
the name of the contributor;
(D)
the date of the contribution;
(E)
the fair market value of the contribution and how its value
was determined; and
(F)
in the case of a discount given, the contributor's signature
on an affidavit of worth stating that the donor gave the discount because
of the project's purpose.
§3.75.Personnel.
(a)
CJD will determine the reasonableness of requested
salaries and reserves the right to limit the CJD-financed portion of any salary.
In determining reasonableness, the following rules apply:
[
(1)
Salaries for grant-funded positions must
comply with the grantee's or applicant's salary classification schedule for
employees of the applicant agency. Salaries for persons assigned to the grant
project from agencies other than the applicant must be reimbursed in accordance
with the assigning agency's salary classification schedule.
(2)
If the applicant or assigning agency does
not have a classification schedule, then the proposed salary must be commensurate
with that paid for similar work in other activities of the grantee, applicant,
or assigning agency. For nonprofit agencies, in cases where such work is not
found within the agency, CJD will consider reasonableness based on that paid
for similar work in the labor market in which the applicant competes for the
kind of employees involved.
(3)
CJD will not pay any portion of the salary
of or any other compensation for an elected or appointed government official.
(4)
CJD will not approve a grant-paid salary
that is in excess of that of the top-ranking official or employee of the organization,
agency or assigning agency.
(b)
For law enforcement and prosecution grants, the grantee
must maintain time sheets that indicate an employee's actual time worked and
the project's case or cause number (or other indicators of assignment).
This requirement applies to personnel whose primary function is investigating
or enforcing laws or prosecuting alleged offenders.
(c)
Salaries for staff assigned to a grant project who expend
less than 25 percent of their time on the project may not be charged against
the grant. If the job descriptions for multiple employees who all work on
the grant are identical, however, grantees may add together the time expended
by each of these employees on the grant for the purpose of meeting this requirement.
The executive director may grant exemptions to this rule for individuals working
on multiple grants. Grants to COGs are exempt from this rule.
(d)
Grantees may not use grant funds to provide overtime pay.
Overtime pay is remuneration for hours worked in excess of full time on a
grant project. Full time is 40 hours per week. Grants under the Extraordinary
Costs of Prosecuting Capital Murder
and Hate Crimes
[
(e)
A grantee may reallocate excess personnel funds created
by a vacancy under either of the following circumstances:
[
(1)
The reallocation is in accordance with §3.2513(b)(1),
including the requirement that the amount of the reallocation not exceed 90
days of the budgeted salary for the vacant position.
(2)
The grantee requests a grant adjustment
from CJD within the first 90 days of the vacancy and CJD approves the request
through a written grant adjustment notice.
(f)
If approved by CJD (and in accordance with a grantee's
policy), grantees may use grant funds to pay staff members leaving employment
for accrued compensatory time and compensated absences. These payments may
only fund compensatory time and compensated absences accrued during the current
grant period. The proportion of grant funds paid for compensatory time and
compensated absences cannot exceed the proportion of grant funds used to pay
the staff member's salary. Grantees may not carry forward compensatory time
and compensated absences from one grant period to another.
(g)
CJD may only approve the use of on-call services to meet
[
§3.79.Transportation, Travel and Training.
(a)
Grant funds used for travel expenses must be limited to
the grantee agency's established mileage, per diem, and lodging policies.
Federal regulations applicable to the relevant funding source may limit mileage
reimbursement rates. If a grantee does not have established mileage, per diem,
and lodging policies, then the grantee must use state travel guidelines. Funds
requested by TNCP task forces for meals and lodging are allowable only for
travel to points at least 50 miles from the grantee agency's headquarters.
(b)
Grantees using grant funds to develop and provide
training through conferences or academies may not use grant funds to pay for
transportation, lodging, per diem, or any related costs for participants.
Crime Stoppers training projects are exempt from this rule
[
[(c)
Grantees using grant funds to develop
and provide training through conferences or academies may not use grant funds
to pay for transportation, lodging, per diem, or any related costs for participants.
The executive director in his or her discretion, may exempt grants for Crime
Stoppers training from this rule.]
(c)
[
§3.81.Equipment.
(a)
CJD defines equipment as any tangible, non-expendable personal
property with a useful life of more than one year and an acquisition cost
of $1000 or more per unit, and any other item, regardless of cost, that the
grantee chooses to capitalize in its own accounting records.
(b)
Applicants must submit with their grant applications a
list of all proposed equipment purchases to CJD for approval. Grantees
must
[
(c)
CJD may approve equipment-only grants to fund innovative,
cutting edge technology used in the investigation of crime, to preserve public
safety, or to remedy crisis situations.
The Local Law Enforcement Block
Grant program and the Juvenile Accountability Incentive Block Grant program
are exempt from this rule.
(d)
CJD will not approve grant funds to purchase vehicles or
equipment for governmental agencies that are standard issue or for general
agency use.
The Local Law Enforcement Block Grant program is exempt from
this rule.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103910
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
3.
TITLE V DELINQUENCY PREVENTION
1 TAC §3.307
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Office of the Governor or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of this rule is proposed under the Texas
Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.307.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103918
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.507
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Office of the Governor or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of this rule is proposed under the Texas
Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.507.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103919
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.703, §3.713
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.703.Project Requirements.
All projects must meet at least one of the following purpose areas.
(1)
Multi-jurisdictional and multi-county task force projects
that integrate federal, state and local drug law enforcement agencies and
prosecutors for the purpose of enhancing interagency coordination, acquiring
intelligence information, and facilitating multi-jurisdictional investigations.
TNCP task forces must use the Texas Narcotics Information System (TNIS) and
provide input of task force drug intelligence information into the System;
(2)
projects designed to target the domestic sources of controlled
and illegal substances, such as precursor chemicals, diverted pharmaceuticals,
clandestine laboratories, and cannabis cultivation;
(3)
projects that will improve the operational effectiveness
of law enforcement through the use of crime analysis techniques, street sales
enforcement, schoolyard violator projects, and gang related and low income
housing drug control projects;
(4)
law enforcement and prevention projects that address problems
with gangs or youth who are at risk of becoming involved in gangs;
(5)
financial investigation projects that target the identification
of money-laundering operations and assets obtained through illegal drug trafficking,
including the development of proposed model legislation, financial investigative
training, and financial information sharing systems;
(6)
projects that improve the operational effectiveness of
the court process by expanding prosecution, defender, and judicial resources
and by implementing court delay-reduction programs;
(7)
criminal justice information systems, including automated
fingerprint identification systems, that assist law enforcement, prosecution,
courts and corrections' organizations;
(8)
innovative projects that demonstrate new and different
approaches to the enforcement, prosecution, and adjudication of drug offenses
and other serious crimes;
(9)
drug control evaluation projects that state and local units
of government may use to evaluate projects directed at state drug-control
activities;
(10)
projects to develop and implement antiterrorism training
projects and to procure equipment for use by local law enforcement authorities;
[
(11)
improving or developing forensic laboratory capability
to analyze DNA samples; [
(12)
demand reduction education programs in
which law enforcement officers participate;
(13)
career criminal prosecution programs
including the development of proposed model drug control legislation;
(14)
improving the operational effectiveness
of the court process, by expanding prosecutorial, defender and judicial resources,
and implementing court delay reduction programs;
(15)
programs designed to provide additional
public correctional resources and improve the corrections system, including
treatment in prisons and jails, intensive supervision programs, and long-range
corrections and sentencing strategies;
(16)
providing prison industry projects designed
to place inmates in a realistic working and training environment which will
enable them to acquire marketable skills and to make financial payments for
restitution to their victims, for support of their own families, and for support
of themselves in the institution;
(17)
providing programs which identify and
meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent
offenders;
(18)
developing and implementing programs
which provide assistance to jurors and witnesses, and assistance (other than
compensation) to victims of crimes;
(19)
developing programs to improve drug control
technology, such as pretrial drug testing programs, programs which provide
for the identification, assessment, referral to treatment, case management
and monitoring of drug dependent offenders, and enhancement of State and local
forensic laboratories;
(20)
improving the criminal and juvenile justice
system's response to domestic and family violence, including spouse abuse,
child abuse, and abuse of the elderly; or
(21)
providing alternatives to prevent detention,
jail, and prison for persons who pose no danger to the community.
§3.713.Personnel.
(a)
CJD will not approve grant funds or program income for
salary increases unless the grantee provides adequate justification for the
increase and proves that the increase is reasonable. CJD will determine whether
the justification provided is sufficient and the requested increase is reasonable.
(b)
CJD may approve requests to pay overtime only for law enforcement
officers assigned to a multi-jurisdictional task force and only from program
income that is not used as cash-match.
(c)
Salaries for grant-funded positions must comply with the
classification schedule of the agency from which personnel are assigned and
be found reasonable by
CJD [
(d)
Personnel assigned to a TNCP project must
be assigned and compensated commensurate with the rank and authority of the
assigning agency and must be based upon the salary the assignee would receive
from the assigning agency in the absence of a grant.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103911
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.707
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Governor or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal of these rules are proposed under the
Texas Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.707.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103920
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.807
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Governor or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal of these rules are proposed under the
Texas Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.807.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103921
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.907
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Governor or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal of these rules are proposed under the
Texas Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.907.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103922
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.1107
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Governor or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal of these rules are proposed under the
Texas Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.1107.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103923
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.1207
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Governor or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal of these rules are proposed under the
Texas Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.1207.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103924
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.1403, §3.1413
The amendment of these rules are proposed under the Texas
Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.1403.Project Requirements.
(a)
The following are the program areas eligible for funding:
(1)
projects that
implement, expand, and establish cooperative
efforts and projects between law enforcement officers, prosecutors, victim
advocacy groups, and other related parties to investigate and prosecute incidents
of domestic violence, dating violence, and child abuse
[
(2)
projects that
provide treatment, counseling and assistance
to victims of domestic violence, dating violence, and child abuse, including
in immigration matters; and
[
(3)
projects that
work in cooperation with the community
to develop education and prevention strategies directed toward such issues.
[
[(4)
projects that develop and implement innovative
and comprehensive strategies that draw upon a rural jurisdiction's unique
characteristics and resources to enhance the community's understanding of
domestic violence and child victimization.]
(b)
The Office of Justice Programs seeks to support new projects
(or the continuation or expansion of currently funded rural projects) that
propose to do the following:
(1)
decrease the impact of geographic isolation on victims
and on the criminal justice system's capacity to ensure victims' services;
(2)
develop a coordinated community response to domestic violence
and child victimization;
(3)
implement policies and protocols to enhance the criminal
justice system's response to victims of domestic violence and child victimization;
(4)
develop partnerships among child protection workers, victim
advocates, and the criminal justice system;
(5)
serve diverse and traditionally under-served populations
in rural communities; and
(6)
increase enforcement of intra- and interstate protective
orders.
§3.1413.Grant Period.
The grant period for any grant awarded under this program is
15
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103912
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §3.1507
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Office of the Governor or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of these rules are proposed under the
Texas Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.1507.Matching Funds Policy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103925
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §§3.2007, 3.2013, 3.2021
The amendment of these rules are proposed under the Texas
Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.2007.Confidential Funds Certification.
Any applicant proposing a project that may require the expenditure
of confidential funds must sign and return with their application a copy of
a Confidential Funds Certification.
For Texas Narcotics Control Program
grants, the rules adopted by reference in §3.19 apply to the control
and use of confidential funds except where they conflict with the rules in §3.717,
in which case the rules in this chapter shall apply
[
§3.2013.Pre-Approval Requirements for Procurement.
(a)
Prior to obligating or expending grant funds, grantees
must submit to CJD all related procurement documentation, such as requests
for proposals or invitations for bids, and independent cost estimates, when
the procurement is expected to exceed $100,000.
[
[(1)
The procurement is expected to exceed
$50,000;]
[(2)
The procurement is expected to exceed
$25,000 and will be awarded without competition or only one bid or offer is
received in response to a solicitation;]
[(3)
The procurement, which is expected to
exceed $25,000, specifies a "brand name" product;]
[(4)
The proposed award over $25,000 will
be awarded to someone other than the apparent low bidder under a sealed bid
procurement; or]
[(5)
A proposed contract modification changes
the scope of a contract or increases the contract amount by more than $25,000.]
(b)
Grantees may not divide purchases or contracts for the
purposes of avoiding this rule. For purposes of determining compliance, CJD
will consider groups of contracts with a single vendor or groups of purchases
for the same or similar items as a single procurement.
(c)
Grantees may not obligate or expend grant funds for procurement
contracts covered by subsection (a) without written approval from CJD.
(d)
For the purposes of this section, submittal of a proposed
procurement described under subsection (a) through inclusion in a grant application
or grant adjustment shall not be considered approval of the procurement by
CJD.
§3.2021.Resolutions.
Except for applications from state agencies, each application must
include a resolution from the applicable governing body, such as the city
council, county commissioners' court, school board, or board of directors,
that contains the following:
(1)
authorization for the submission of the application to
CJD that clearly identifies the project for which funding is requested;
(2)
a commitment to provide for any applicable cash match (if
the applicant is not providing all of the matching funds, then the other participating
entities, that are providing portions of any cash match, must also submit
resolutions);
(3)
if the grantee organization chooses to designate an authorized
official who is not the chief executive officer, the resolution must provide
the designee with the power to accept, reject, or alter a grant; and
(4)
a written assurance that, in the event of loss or misuse
of CJD funds, the governing body will return all funds to CJD
, unless
the applicant is required to secure a fidelity bond pursuant to § 3.2515
of this chapter
.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103913
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
1 TAC §§3.2501, 3.2507, 3.2511, 3.2513, 3.2521
The amendment of these rules are proposed under the Texas
Government Code, Title 7, §772.006(a)(11), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.2501.Grant Officials.
Each grant must have three different persons designated to serve as
grant officials:
(1)
The project director. This person must be (at the applicant's
option) an employee of the applicant agency or be from the contractor organization
that will be responsible for project operation or monitoring and who will
serve as the point-of-contact regarding the project's day-to-day operations.
In Crime Stoppers Programs this person can be an employee of a law enforcement
agency who will act as the coordinator;
(2)
The financial officer. This person must be the chief financial
officer of the applicant agency. A county auditor, city treasurer, comptroller,
or the treasurer of a nonprofit corporation's board may serve as the project's
financial officer; and
(3)
The authorized official. This person must be authorized
to apply for, accept, decline, or cancel the grant for the applicant agency.
The executive director of a state agency, county judge, mayor, city manager,
[
§3.2507.Expenditure Reports.
Each grantee must submit financial expenditure reports to CJD each
calendar quarter. CJD will provide the appropriate forms and instructions
for the reports along with deadlines for their submission. The grantee's financial
officer must sign and submit each expenditure report. CJD will place a financial
hold on a grantee's funds if the grantee fails to submit timely expenditure
reports.
Submission of an expenditure report does not generate a grant
payment. Section 3.2511, Request for Funds sets forth rules for requesting
payments.
§3.2511.Requests for Funds.
(a)
After a grant has been accepted and if
there are no outstanding special conditions or other deficiencies, a grantee
may request funds on a cost reimbursement basis. Submission of an expenditure
report does not generate a grant payment. All grant payment requests must
be submitted to CJD on a Request for Funds form in accordance with the instructions
provided on that form.
(b)
Grantees must ensure that CJD receives their
final requests for funds postmarked no later than the 90th calendar day after
the end of the grant period
or funds will lapse and revert to the grantor
agency
. If this date falls on a weekend or federal holiday, then CJD
will honor receipt or a postmark on the next business day. If grant funds
are on hold for any reason, these funds will lapse
at the end of the
above-referenced period
and the grantee cannot recover them. Under no
circumstances will CJD make payments to grantees that submit their request
for funds with a postmark after the
above-referenced
[
§3.2513.Grant Adjustments.
(a)
One of the three designated grant officials
[
(b)
Budget Adjustments.
Grant adjustments consisting
of
increases in the amount of a grant or
the reallocation of funds
among or within budget categories are considered budget adjustments, and,
except as provided by paragraph (1) of this subsection, are allowable only
with prior CJD approval. The following rules apply to budget adjustments:
(1)
During a grant period, grantees may transfer funds among
or within the standard CJD budget categories, except the indirect costs and
equipment categories
and more than 90 days of any salary
, without
prior CJD approval as long as the amount transferred does not exceed a cumulative
total of ten percent of the total grant award during that year
and the
action does not change the scope of the project
. All proposed equipment
purchases must be submitted to CJD for prior approval in accordance with §
3.81 of this chapter. All budget adjustments must comply with all relevant
rules in this chapter. The grantee must maintain accurate records that show
all budget adjustments.
(2)
CJD will not approve more than four budget adjustments
each grant year.
(3)
CJD will not approve budget adjustments requests submitted
within 30 days of the end of the grant period unless the executive director
grants an exception. The executive director will base exceptions upon a substantiated
request submitted by the grantee.
(4)
For supplemental grant awards, the grantee
must accept or reject any additional award within 45 days of the date upon
which CJD issues a Grant Adjustment Notice and follow all rules in accordance
with §3.11 of this chapter.
(c)
Non-Budget Grant Adjustments. The following rules
apply to non-budget grant adjustments:
[
(1)
Requests to revise the scope, target,
or focus of the project, or alter project activities require advance written
approval from CJD.
(2)
[
(3)
[
§3.2521.Payment of Outstanding Liabilities.
Grantees must [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 9, 2001.
TRD-200103914
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: August 19, 2001
For further information, please call: (512) 463-6789
and
]
.
]
(d)
] For applications seeking funding
through a COG from the State Criminal Justice Planning Fund, the Juvenile
Justice and Delinquency Prevention Act Fund, or the Safe and Drug-Free Schools
and Communities Act Fund, CJD will allocate funding to the COGs through a
formula based upon population figures and crime rates. No set funding allocation
exists for applications submitted to COGs that seek grants from other funding
sources.
(e)
] During the staff review of
an application, CJD may request that the applicant submit additional information
necessary to complete grant review. CJD may request the applicant to provide
any outstanding forms and documents to clarify or justify any part of the
application, to disclose other funding sources related to the project, or
to explain any proposed decrease in services by the grantee. Such requests
for information, including the issuance of a preliminary review report, do
not mean that CJD will fund an application.
(f)
] CJD will inform applicants
of funding decisions on their grant applications through either a Statement
of Grant Award or a notification of denial. For applications submitted to
(but not recommended by) a COG, COG notification of a decision against funding
serves as the notification of denial.
A grantee
]
must formally accept the grant in writing before
the grantee
[
it
] may receive any grant funds from CJD.
Subchapter B. GENERAL GRANT PROGRAM POLICIES
2.
GRANT BUDGET REQUREMENTS
applies
], then the grantee must provide matching
funds equal to the required matching funds percentage multiplied by the total
project expenditures.
Salaries
for grant-funded positions must comply with the applicant's salary classification
schedule for employees of the applicant agency. Salaries for persons assigned
to the grant project from agencies other than the applicant must be reimbursed
in accordance with the assigning agency's salary classification schedule.
Applicants must submit all grant-funded salaries for CJD approval. If the
applicant or assigning agency does not have a classification schedule, then
the proposed salary must be commensurate with similarly situated employees
who work in the same geographic area. CJD will determine the reasonableness
of requested salaries and reserves the right to limit the CJD-financed portion
of any salary.
]
Cases
] program are exempt from this rule.
CJD
will not approve any grant adjustments requesting a reallocation of unexpended
personnel funds created by a vacancy unless the grantee requests the reallocation
within 90 days of the vacancy's occurrence.
]
in-kind
] match requirements. Grantees must justify a demonstrated
need for on-call services and
have an on-call policy that is approved
by their governing board
[
submit to CJD, as part of the grant application,
the grantee's on-call policy approved by its governing board
].
The
use of grant funds for out-of-state travel requires advance written approval
by CJD through the original grant award or a grant adjustment. CJD exempts
law enforcement agencies actively involved in an investigation if the out-of-state
travel is immediately necessary to the investigation. In these cases, grantees
must request a grant adjustment in writing upon returning from the investigative
trip
].
(d)
] A person attending training
courses paid for with grant funds must complete the course. If the person
does not complete the course, the grantee must justify the failure to CJD
in writing. If CJD does not approve the justification, then the grantee must
reimburse CJD. Grantees must maintain records that properly document the completion
of all grant-funded training courses.
can
] request
any
additional equipment purchases
through grant adjustments.
Grantees are not authorized to purchase any
equipment until they have received written approval to do so from CJD.
CJD will authorize in writing the purchase of equipment
through either
the original grant award or a subsequent grant adjustment notice. CJD may
refuse any request for equipment. Decisions regarding equipment are made based
on whether or not
[
if
] the grantee has demonstrated that
the requested equipment is necessary, essential to the successful operation
of the grant project, and reasonable in cost.
Subchapter C. FUND-SPECIFIC GRANT POLICIES
5.
VICTIMS OF CRIME ACT FUND
7.
TEXAS NARCOTICS CONTROL PROGRAM
or
]
.
]
must approve them as reasonable
].
8.
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
9.
VIOLENCE AGAINST WOMEN ACT FUND RULE
11.
RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS GRANT PROGRAM
12.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM
14.
RURAL DOMESTIC VIOLENCE AND CHILD VICTIMIZATION ENFORCEMENT PROGRAM
develop
and implement policies, protocols, and services designed to promote the early
identification, intervention, and prevention of domestic violence and child
victimization
];
increase victims' safety and access
to services, such as shelters, counseling, and advocacy;
]
enhance the investigation and prosecution of domestic violence
and child abuse cases; and
]
18
] months.
15.
CLOSED CIRCUIT TELEVISING OF TESTIMONY PROGRAM
Subchapter D. CONDITIONS OF GRANT FUNDING
By signing,
the applicant certifies he or she has read and agreed to comply with the CJD
rules regarding the control and use of confidential funds found this Code
].
:
]
Subchapter E. ADMINISTERING GRANTS
assistant city manager,
] chairman of a nonprofit board,
director of a community supervision and corrections department,
or a
designee authorized by the governing body in its resolution may serve as the
authorized official.
90-day
] deadline.
The person designated in the grantee acceptance notice to request grant
adjustments or the authorized official
] must sign all requests for grant
adjustments.
Requests to revise the
scope, target, or focus of the project, or alter project activities require
advance written approval from CJD.
]
(d)
] The grantee shall notify CJD
in writing of any change in the designated project director, financial officer,
or authorized official within five days following the change. When the notice
addresses a change of financial officer, the letter must include a sample
signature of the new official. When the notice addresses a change of authorized
official, the governing body, such as the board, city council, or commissioners'
court, must submit the request.
(e)
] A grantee may submit a written
request for a grant extension. The executive director will approve such requests
only in extraordinary circumstances.
properly obligate and
] expend all outstanding
liabilities no later than 90 days after the end of the grant period. CJD will
not reimburse any grantee unless the final Request for Funds is postmarked
by the 90th day after the end of the grant period. If the 90th day falls on
a weekend or federal holiday, then CJD will honor receipt or a postmark on
the next business day. All payments made after the completion of the grant
period must relate to obligations incurred before the end of the grant period.
Subchapter F. PROGRAM MONITORING AND AUDITS