Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 66.
FAMILY TRUST FUND DISBURSEMENT PROCEDURES
The Office of the Attorney General (OAG) adopts Chapter 66, Family
Trust Fund Disbursement Procedures, Subchapter A, §§66.1, 66.3,
66.5, 66.7, and 66.9; Subchapter B, §§66.15, 66.17, 66.19, 66.21,
and 66.23; Subchapter C, §§66.31, 66.33, 66.35, 66.37, 66.39, 66.41,
66.43, 66.45, and 66.47; Subchapter D, §§66.55, 66.57, and 66.59;
Subchapter E, §§66.67, 66.69, 66.71, 66.73, 66.75, 66.77, 66.79,
66.81, 66.83, 66.85, 66.87, 66.89, 66.91, 66.93, 66.95, 66.97, 66.99, 66.101,
66.103, 66.105, 66.107, 66.109, and 66.111; and Subchapter F, §§66.119,
66.121, and 66.123 without changes to the proposed text as published in the
April 27, 2001, issue of the
Texas Register
(26 TexReg 3079) relating to rules for disbursement of funds and administration
of grants and contracts under the Family Trust Fund. This chapter provides
for the implementation of new rules necessary to carry out the provisions
of the Texas Family Code, Chapter 2, The Marriage Relationship, §2.014,
Family Trust Fund (West 1999), which provides funds for programs that assist
families. Texas Family Code, §2.014 reflects the 76th Legislature's intent
to provide public funds for the following purposes: (1) the development and
distribution of a premarital education handbook; (2) grants to institutions
of higher learning that conduct research on marriage and divorce to strengthen
families and assist children whose parents are divorcing; (3) support for
counties to create or administer free or low-cost premarital education courses;
(4) programs that intend to reduce the amount of delinquent child support;
and (5) other programs the OAG determines will assist families.
Pursuant to Texas Local Government Code §118.013(c) each county clerk
shall remit $3 of the fee for a marriage license to the comptroller for deposit
in the Family Trust Fund. Pursuant to Texas Family Code §2.014 the OAG
shall administer the funds for the statutory beneficiaries; therefore, it
is necessary for the OAG to adopt rules outlining the procedure for disbursement
of the funds in a fair and accurate manner. The rules will also cover the
application process; the manner of awarding funding; the administration of
the fund; individual program monitoring; and audits. This adopted chapter
establishes procedures by which entities may apply for and receive grants,
or contracts as appropriate, and implement programs which meet the statutory
requirements of Texas Family Code §2.014. The rules are also intended
to advise the public of the independent functions the OAG has regarding administration
of the Family Trust Fund.
Adopted Chapter 66 is organized into six subchapters. Adopted Subchapter
A (General Provisions and Eligibility, §§66.1, 66.3, 66.5, 66.7,
and 66.9) contains general provisions of Chapter 66, including definitions,
statutory authority for the trust fund, source of the trust fund, prohibitions
related to the use of the trust fund, and eligibility requirements. Adopted §66.1
provides the definitions of terms. Adopted §66.3 states the statutory
authority for the creation of the trust fund and recognizes the authority
of the OAG to administer the trust fund. Adopted §66.5 relates the purpose
of the trust fund. Adopted §66.7 describes eligible projects for which
the trust fund may be used. Adopted §66.9 defines the class of persons
and entities eligible to apply for the trust fund.
Adopted Subchapter B (Grant Application, Scope of Grant, Approval, and
Funding, §§66.15, 66.17, 66.19, 66.21, and 66.23) describes the
application process, including the requirement of a timely-filed application,
OAG review criteria, discretionary determination of funding by the OAG, and
nonstandard funding. This subchapter also declares that the actual funding
of approved new and existing grant projects is contingent upon the availability
of funds. Adopted §66.15 provides that applicants must complete and submit
an application package to the OAG Grant Coordinator. Adopted §66.17 discusses
the OAG's approval process in determining how to disburse the trust fund.
Adopted §66.19 defines the grant or contract funding period and criteria
for awarding second-year funding. Adopted §66.21 provides for approval
of nonstandard grant funding outside the annual grant cycle based on the availability
of funds. Adopted §66.23 declares that actual funding of approved new
and existing grant projects is contingent upon availability of funds.
Adopted Subchapter C (Special Conditions and Required Documents, §§66.31,
66.33, 66.35, 66.37, 66.39, 66.41, 66.43, 66.45, and 66.47) addresses documents
that applicants are required to submit to the OAG to demonstrate that they
will follow operating procedures consistent with state and federal law. Adopted §66.31
relates to an Equal Employment Opportunity Program Certification. Adopted §66.33
relates to a Certification Regarding Lobbying. Adopted §66.35 relates
to a Nonprocurement Debarment Certification. Adopted §66.37 relates to
a Drug-Free Workplace Certification. Adopted §66.39 relates to a Uniform
Grants Management Standards Certification. Adopted §66.41 relates to
a Certified Assurances Certification. Adopted §66.43 discusses that pre-approval
of the OAG is required for grantees to use grant funds to purchase equipment
with a cost exceeding $25,000 and establishes the process and documentation
necessary for such pre-approval. Adopted §66.45 advises that prior to
execution of any contract in excess of $25,000, a grantee must submit said
contract and required documentation along with the criteria and process the
grantee is considering for entering into contracts. Adopted §66.47 requires
that governmental entities and nonprofit organizations who designate someone
other than the executive officer of the governmental entity in the grant application
must obtain a resolution from its governing body that gives the authorized
official the power to accept, reject, or amend a grant. The resolution must
state that a security bond will be obtained and in the event grant funds are
misused, the grant funds will be returned in full. In addition, the resolution
must contain non-supplanting language.
Adopted Subchapter D (Award and Grant Acceptance, §§66.55, 66.57,
and 66.59) sets forth the process for the award and acceptance of grants.
Adopted §66.55 announces the process for notification of an award of
grant funds. This section also sets forth the OAG's full discretion in approving
project funding and determining grantee compliance with OAG policies. Adopted §66.57
outlines procedures for an applicant's response to deficiencies in a filed
application. Adopted §66.59 describes the process an applicant may pursue
in the event that the OAG denies all or part of an application and sets forth
the final decision-making authority of the OAG.
Adopted Subchapter E (Administering Grants, §§66.67, 66.69, 66.71,
66.73, 66.75, 66.77, 66.79, 66.81, 66.83, 66.85, 66.87, 66.89, 66.91, 66.93,
66.95, 66.97, 66.99, 66.101, 66.103, 66.105, 66.107, 66.109, and 66.111) adopts
rules for the administration of the grants. The rules establish duties and
responsibilities for grant officials, requirements regarding records, procedures
to requests funds, grant adjustments, copyrights, procurement procedures,
and rules relating to property management, bonding, and insurance. This Adopted
subchapter addresses OAG authority to withhold funds or terminate a grant
under certain conditions and a grantee's ability to request a reconsideration
of a decision to withhold funds or determinate a grant project. This adopted
subchapter also contains procedures for grantee self-evaluation of a project,
submission of regular progress reports to the OAG, evaluation of third party
contracts, if any, and winding up a grant administration.
Adopted §66.67 requires that each grantee designate three grant officials
whose duties are described in the section. Adopted §66.69 advises that
OAG approval is required if grant funds are obligated prior to the start date
or later than the end date of the grant period. Adopted §66.71 sets forth
grant records retention requirements and provides for availability of the
records in an electronic format for purposes of audit. Adopted §66.73
specifies that the grantee must file financial expenditure reports each calendar
quarter on forms promulgated by the OAG and sets forth the consequences for
failing to file a timely report. Adopted §66.75 mandates that the grantee
maintain an inventory report on file in the principal office of the grantee.
Adopted §66.77 establishes time limits for filing a final request for
funds and the consequences for failure to submit accurate reports in a timely
manner. Adopted §66.79 describes procedures for submitting a request
for a grant adjustment. Adopted §66.81 establishes the OAG's claim to
a license to use copyrighted material where the purchase of such copyright
was funded in any part by OAG funds. Adopted §66.83 governs procurement
procedures, including OAG review and approval, to be used by a grantee who
purchases equipment or professional or consultant services in excess of $25,000.
Adopted §66.85 establishes the Uniform Grant Management Standards
published by the Governor's Office of Budget and Planning as the governing
property management standard for a grantee. Adopted §66.87 provides guidance
regarding equipment disposition methods where a grantee who has purchased
equipment in whole or in part with OAG funds is no longer funded by the OAG.
Adopted §66.89 provides guidance regarding the transfer of title to equipment
and nonexpendable personal property acquired with grant funds. Adopted §66.91
sets forth a grantee's bonding and insurance requirements.
Adopted §66.93 addresses the OAG's authority and discretion to withhold
funds from a specific project or from all projects operated by a grantee if
any of the enumerated conditions or situations occur and a describes a grantee's
ability to request a reconsideration of an OAG decision to withhold funds.
Adopted §66.95 outlines the procedure regarding cancellation or termination
of a grant, the consequences of such action, and a grantee's ability to request
a reconsideration of an OAG decision to terminate a grant project.
Adopted §66.97 sets forth the requirements for de-obligation of grant
funds at the end of the funding period and provides for final expenditure
reports to be submitted within a certain time limit. Adopted §66.99 requires
the grantee to obligate and expend all outstanding liabilities within certain
specified time frames. Adopted §66.101 requires the grantee and its personnel
to report immediately to the OAG and the local prosecuting attorney's office
upon discovery of any violation of the law pertaining to the use and expenditure
of grant funds. Adopted §66.103 contains a prohibition against behavior
constituting a conflict of interest on the part of any person affiliated with
the grant project. Adopted §66.105 imposes contract monitoring and self-evaluation
requirements on a grantee. In this section, the OAG seeks to ensure that a
grantee takes a sustained, active role in assessing actual delivery of service
to victims of crime through the grant project. Adopted §66.107 imposes
the requirement for filing timely complete progress reports. Adopted §66.109
requires that a grantee who uses grant funds to contract with a third party
must maintain proper records to ensure that requirements of the contract are
met. Adopted §66.111 establishes the requirement for accuracy of grant
records and sets forth the consequences for providing false information.
Adopted Subchapter F ( Program Monitoring and Audits, §§66.119,
66.121, and 66.123) contains provisions concerning OAG monitoring activities,
compliance reviews, and auditing authority and standards, as well as procedures
for appealing OAG decisions relating to audit findings.
Adopted §66.119 explains that OAG monitoring will attempt to ensure
that a grantee is achieving grant performance goals and that grant awards
are used in accordance with applicable laws, rules, and grant agreements.
Adopted §66.121 requires a grantee to file independent annual audits
in accordance with Uniform Grant Management Standards and Generally Accepted
Auditing Standards. Adopted §66.123 contains guidance as to the substance
of OAG reviews and the substance of required annual audits.
No comments were received regarding these rules.
Subchapter A. GENERAL PROVISIONS AND ELIGIBILTY
1 TAC §§66.1, 66.3, 66.5, 66.7, 66.9
Chapter 66 is Adopted under the Texas Family Code §2.014,
which the OAG interprets as authorizing the OAG to adopt rules reasonable
and necessary to implement §2.014, in order to provide funds for grants
or contracts that support services that assist families.
The adopted new chapter affects Texas Family Code §2.014.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 4, 2001.
TRD-200103074
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Effective date: June 24, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 463-2110
1 TAC §§66.15, 66.17, 66.19, 66.21, 66.23
This Subchapter is adopted under the Texas Family Code §2.014,
which the OAG interprets as authorizing the OAG to adopt rules reasonable
and necessary to implement §2.014, in order to provide funds for grants
or contracts that support services that assist families.
The Adopted new chapter affects Texas Family Code §2.014.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 4, 2001.
TRD-200103075
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Effective date: June 24, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 463-2110
1 TAC §§66.31, 66.33, 66.35, 66.37, 66.39, 66.41, 66.43, 66.45, 66.47
This Subchapter is adopted under the Texas Family Code §2.014,
which the OAG interprets as authorizing the OAG to adopt rules reasonable
and necessary to implement §2.014, in order to provide funds for grants
or contracts that support services that assist families.
The adopted new chapter affects Texas Family Code §2.014.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 4, 2001.
TRD-200103076
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Effective date: June 24, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 463-2110
1 TAC §§66.55, 66.57, 66.59
This Subchapter is adopted under the Texas Family Code §2.014,
which the OAG interprets as authorizing the OAG to adopt rules reasonable
and necessary to implement §2.014, in order to provide funds for grants
or contracts that support services that assist families.
The adopted new chapter affects Texas Family Code §2.014.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on June 4, 2001.
TRD-200103088
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Effective date: June 24, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 463-2110
Subchapter B. GRANT APPLICATION, SCOPE OF GRANT, APPROVAL AND FUNDING
Subchapter C. SPECIAL CONDITIONS AND REQUIRED DOCUMENTS
Subchapter D. AWARD AND GRANT ACCEPTANCE
Subchapter E. ADMINISTERING GRANTS