Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor proposes the amendment of Subchapter A §§3.1,
3.3, 3.7, 3.17, 3.19, and 3.21; Subchapter B §§3.53, 3.55, 3.73,
3.75, 3.77, 3.79, 3.81, 3.83, 3.85, and 3.87; Subchapter C §§3.103,
3.105, 3.201, 3.205, 3.301, 3.303, 3.401, 3.403, 3.405, 3.501, 3.503, 3.505,
3.605, 3.609, 3.613, 3.701, 3.703, 3.719, 3.721, 3.723, 3.905, 3.1001, 3.1003,
3.1005, 3.1109, 3.1201, 3.1205, 3.1209, 3.1213, 3.1301, 3.1303, 3.1305, 3.1309,
3.1401, 3.1403, 3.1405, and 3.1409; Subchapter D §§3.2001, 3.2007,
3.2009, 3.2013, 3.2021, and 3.2023; Subchapter E §§3.2501, 3.2507,
3.2511, 3.2513, 3.2517, 3.2519, 3.2521, and 3.2529; and Subchapter F §3.2601
and §3.2603.
The Office of the Governor proposes the addition of Subchapter C §3.107
and §3.1411.
The Office of the Governor proposes the repeal of Subchapter C §3.1217
and Subchapter D §3.2019.
The proposed amendment to §3.1 clarifies which version of Subchapters
A through F is applicable to a grant. A grantee must comply with the provisions
of Subchapters A through F in effect on the date the grant is awarded.
The proposed amendment to §3.3: (1) changes §3.3(1) to allow
greater flexibility in the selection of CJAC members while ensuring multi-disciplinary
representation on the CJAC; (2) deletes the definition of "executive committee"
in §3.3(4) because all references to "executive committee" are being
removed from this chapter; (3) replaces the phrase "cash match-funded portions,
and in-kind contribution portions" in §3.3(7) with the term "matching
funds" because the definition of "matching funds" in §3.3(15) includes
cash match and in-kind match portions; (4) changes the phrase "standard CJD
budget categories" in §3.3(11) to "approved budget categories" and clarifies
that an "approved budget category" must contain an approved dollar amount;
and (5) revises the definition of "equipment" in §3.3(14) to make it
consistent with the definition of "equipment" in the Uniform Grant Management
Standards (UGMS) and to include items that must be inventoried under UGMS.
The proposed amendment to §3.7 revises the language of this section
to reflect the functions of the CJAC and the COG's governing body during the
selection process.
The proposed amendment to §3.17 revises the language in this section
regarding compliance with applicable legal authority to ensure the use of
uniform language throughout this chapter.
The proposed amendment to §3.19 replaces the phrase "school district
and regional education service centers" in §3.19(b)(6) with the term
"educational institutions" to more accurately reflect the content of Office
of Management and Budget (OMB) Circular No. A-21.
The proposed amendment to §3.21 clarifies that CJD may provide for
the submission of information by any electronic means.
The proposed amendment to §3.53: (1) updates the list of priority
needs that must be addressed by projects exclusively serving juveniles or
youth to include the needs identified by the Juvenile Justice Advisory Board
in its three year plan; (2) specifies the type of applicant that must comply
with the Juvenile Justice and Delinquency Prevention (JJDP) Act; and (3) removes
the language in §3.53(d) because the JJDP Act does not require CJD to
notify facilities of the facilities' non-compliance.
The proposed amendment to §3.55: (1) deletes the language in §3.55(a)
because a similar provision is found in §3.101(c) regarding the State
Criminal Justice Planning (421) Fund; (2) deletes the language in §3.55(b)
because it is not required by any funding source and is no longer needed to
efficiently administer grant funds; and (3) deletes the language in §3.55(c)
and moves it to new §3.107 regarding the State Criminal Justice Planning
(421) Fund.
The proposed amendment to §3.73 revises the language in this section
regarding compliance with applicable legal authority to ensure the use of
uniform language throughout this chapter.
The proposed amendment to §3.75: (1) clarifies that the principles
described in §3.75(a)(2) regarding determining the allowable salary for
personnel are applicable not only to nonprofits, but to all applicants; (2)
exempts the Juvenile Accountability Block Grant Program from the prohibition
in §3.75(a)(3) against paying the salary of an elected or appointed government
official when the grant funds are used to provide court masters, magistrates,
or referees who are retained to assist judges handling juvenile cases, which
is an allowable use of the funds under the Juvenile Accountability Block Grant
Program; (3) requires in §3.75(b) that all grant funded personnel maintain
on file personnel activity reports to allow CJD to more effectively monitor
the performance of grant related activities; (4) clarifies in §3.75(c)
that grant funds cannot be used to provide overtime pay to personnel funded
full-time on a CJD grant project; (5) exempts the Drug Court Program and the
Local Law Enforcement Block Grant Program from the prohibition in §3.75(c)
because the federal program allows the payment of overtime to law enforcement
officers and necessary personnel to increase the number of hours worked by
such personnel; (6) clarifies the language of §3.75(d); and (7) revises
the title of the federal funding source in §3.75(e) to the "Byrne Formula
Grant Program", the current title of this funding source.
The proposed amendment to §3.77 clarifies that a grantee who has a
procurement that is expected to exceed $100,000 or upon CJD request must submit
to CJD a CJD-prescribed Procurement Questionnaire.
The proposed amendment to §3.79 clarifies that §3.79(b) applies
to grantees that develop and conduct training, not to grantees who simply
pay for their staff to attend training provided by another entity.
The proposed amendment to §3.81: (1) clarifies that the list of all
proposed equipment purchases must be itemized; (2) deletes the language stating
that "CJD may refuse any request for equipment" because the criteria for determining
whether to approve an equipment purchase is set forth this section; (3) clarifies
that "grant funds", as defined in §3.3(7), shall not be used for the
purposes described in this subsection; and (4) clarifies that a grantee who
has a procurement that is expected to exceed $100,000 or upon CJD request
must submit to CJD a CJD-prescribed Procurement Questionnaire.
The proposed amendment to §3.83: (1) changes the term "standard CJD
budget categories" in §3.83(a) to "approved budget categories" as it
is defined in §3.3(11); and (2) deletes §3.83(b) because the types
of advertising expenses that are unallowable are fully described in UGMS.
The proposed amendment to §3.85 clarifies that the Juvenile Accountability
Block Grant program is exempt from this rule because §3.1209 addresses
indirect costs for this program.
The proposed amendment to §3.87 clarifies that program income may
only be used for allowable project costs as reflected in an approved budget.
The proposed amendment to §3.103 removes the reference to §3.55
because the relevant language from §3.55(c) is being transferred to §3.107.
The proposed amendment to §3.105: (1) adds the word "independent"
before the words "school districts" to ensure the use of uniform language
throughout this chapter; (2) expands the list of eligible applicants; and
(3) clarifies that the Internal Revenue Service certifies faith-based organizations
as tax exempt nonprofit entities.
The proposed amendment to §3.201 updates the language of this subsection
to reflect the current citation for the Juvenile Justice and Delinquency Prevention
Act Fund.
The proposed amendment to §3.205: (1) conforms the list of eligible
applicants under the Juvenile Justice and Delinquency Prevention Act Fund
to the federal requirements for this funding source; and (2) clarifies that
the Internal Revenue Service certifies faith-based organizations as tax exempt
nonprofit entities.
The proposed amendment to §3.301: (1) updates the language of this
subsection to reflect the current citation for the Title V Delinquency Prevention
Act Fund; and (2) deletes the language regarding project objectives, which
has been moved to §3.303.
The proposed amendment to §3.303: (1) removes the reference to §3.55
because the relevant provisions of subsections (c) and (d) of §3.55 are
being transferred to §3.307; and (2) adds the project requirements are
being deleted from §3.301.
The proposed amendment to §3.401 updates: (1) the language of this
subsection to reflect the current citation for the Safe and Drug-Free Schools
and Communities Act Fund; and (2) the current goals of the program.
The proposed amendment to §3.403 conforms the project requirements
under the Safe and Drug-Free Schools and Communities Act Fund to the federal
requirements for this funding source.
The proposed amendment to §3.405 clarifies that the Internal Revenue
Service certifies faith-based organizations as tax exempt nonprofit entities.
The proposed amendment to §3.501(b) updates the language of this subsection
to reflect the current citation for the Victims of Crime Act Fund.
The proposed amendment to §3.503 conforms the project requirements
under the Victims of Crime Act Fund to the federal requirements for this funding
source.
The proposed amendment to §3.505: (1) conforms the list of eligible
applicants, and the criteria that all applicants must follow under the Victims
of Crime Act Fund, to the federal requirements for this funding source; and
(2) clarifies that the Internal Revenue Service certifies faith-based organizations
as tax exempt nonprofit entities.
The proposed amendment to §3.605 clarifies that crime stoppers organizations
that are certified by the Crime Stoppers Advisory Council pursuant to §414.011
of the Texas Government Code are eligible to receive grant funds under the
Crime Stoppers Assistance Fund.
The proposed amendment to §3.609 revises the language in this section
regarding the use of grant funds to pay indirect costs to ensure the use of
uniform language throughout this chapter.
The proposed amendment to §3.613: (1) deletes the language regarding
expense reimbursement, placing Crime Stoppers Assistance Fund grantees under
the same rule (§3.2511) regarding requests for funds as applies to all
other funding sources administered by CJD and allowing Crime Stoppers Assistance
Fund grantees to request funds on a cost reimbursement basis no more than
once a month; and (2) clarifies that an organization that is decertified by
the Council is no longer eligible to receive grant funds and must return all
unexpended grant funds to CJD because a crime stoppers organization must be
certified by the Crime Stoppers Advisory Council to be eligible to receive
grant funds from CJD.
The proposed amendment to §3.701 revises the title of the federal
funding source to reflect the current title of this funding source.
The proposed amendment to §3.703 conforms the project requirements
under the Byrne Formula Grant Program to the federal requirements for this
funding source.
The proposed amendment to §3.719 revises the title of the federal
funding source to reflect the current title of this funding source.
The proposed amendment to §3.721: (1) ensures grantees' compliance
with drug testing requirements by conforming this section to the current CJD
practice of requiring grantees under the Byrne Formula Grant Program to submit
a certificate of drug testing with their grant application and to maintain
documentation on file evidencing that drug testing was conducted; and (2)
revises the title of the federal funding source to reflect the current title
of this funding source.
The proposed amendment to §3.723: (1) revises the title of the federal
funding source to reflect the current title of this funding source; and (2)
clarifies that task force personnel are not considered employees of the advisory
board, the task force, or the Governor's Office.
The proposed amendment to §3.905: (1) conforms the list of eligible
applicants under the Violence Against Women Act Fund to the federal requirements
for this funding source; and (2) clarifies that the Internal Revenue Service
certifies faith-based organizations as tax exempt nonprofit entities.
The proposed amendment to §3.1001 deletes the purpose areas in §3.1101(c)
because they are listed as project requirements in §3.1003.
The proposed amendment to §3.1003 conforms the project requirements
under the Challenge Grant Program to the federal requirements for this funding
source.
The proposed amendment to §3.1005 conforms the list of eligible applicants
under the Challenge Grant Program to the federal requirements for this funding
source. The requirement that an eligible faith-based organization must be
a tax-exempt nonprofit entity, as certified by the Internal Revenue Service,
and the prohibition against the use of grant funds or program income for proselytizing
or sectarian worship are added to ensure uniform standards for all funding
sources administered by CJD.
The proposed amendment to §3.1109 revises the language in this section
regarding the use of grant funds to pay for indirect costs to ensure the use
of uniform language throughout this chapter.
The proposed amendment to §3.1201 deletes the word "Incentive" to
reflect the current title of the federal funding source.
The proposed amendment to §3.1205: (1) conforms the list of eligible
applicants under the Juvenile Accountability Block Grant Program to the federal
requirements for this funding source; and (2) clarifies that the Internal
Revenue Service certifies faith-based organizations as tax exempt nonprofit
entities.
The proposed amendment to §3.1209: (1) deletes the word "Incentive"
to reflect the current title of the federal funding source; and (2) changes
the percentage of indirect costs allowed under the current federal guidelines
for this funding source.
The proposed amendment to §3.1213 adds the word "departments" after
the word "police" to clarify the language of this section.
The proposed amendment to §3.1301 deletes all reference to the Enforcement
of Underage Drinking Laws program, which is no longer administered by CJD.
The source and purpose of the Coverdell Forensic Sciences Program, a new program
administered by CJD, are added to this section. The source and purpose in
this section comply with the federal requirements for this funding source.
The proposed amendment to §3.1303 deletes all reference to the Enforcement
of Underage Drinking Laws program, which is no longer administered by CJD.
The project requirements under the Coverdell Forensic Sciences Program, a
new program administered by CJD, are added to this section. The project requirements
in this section comply with the federal requirements for this funding source.
The proposed amendment to §3.1305 deletes all reference to the Enforcement
of Underage Drinking Laws program, which is no longer administered by CJD.
The list of eligible applicants under the Coverdell Forensic Sciences Program,
a new program administered by CJD, is added to this section. The list of eligible
applicants in this section comply with the federal requirements for this funding
source.
The proposed amendment to §3.1309 deletes all reference to the Enforcement
of Underage Drinking Laws program, which is no longer administered by CJD.
The language in this section regarding the use of grant funds to pay for indirect
costs under the Coverdell Forensic Sciences Program, a new program administered
by CJD, is revised to ensure the use of uniform language throughout this chapter.
The proposed amendment to §3.1401 updates the language of §3.1401(b)
to reflect the current citation for the Rural Domestic Violence and Child
Victimization Enforcement Program.
The proposed amendment to §3.1403 conforms the project requirements
under the Rural Domestic Violence and Child Victimization Enforcement Program
to the federal requirements for this funding source.
The proposed amendment to §3.1405 clarifies that the Internal Revenue
Service certifies faith-based organizations as tax exempt nonprofit entities.
The proposed amendment to §3.1409 revises the language in this section
regarding the use of grant funds to pay for indirect costs to ensure the use
of uniform language throughout this chapter.
The proposed amendment to §3.2001 revises the language in this section
regarding compliance with applicable legal authority to ensure the use of
uniform language throughout this chapter.
The proposed amendment to §3.2007 revises the title of the federal
funding source to reflect the current title of this funding source.
The proposed amendment to §3.2009 clarifies that: (1) cooperative
working agreements do not involve an exchange of funds; and (2) a grantee
must submit to CJD a list of each participating organization that has entered
into a cooperative working agreement with the grantee and a written description
of the purpose of each cooperative working agreement.
The proposed amendment to §3.2013 conforms this section with the procurement
requirements under UGMS.
The proposed amendment to §3.2021: (1) changes the term "cash match"
to "matching funds" to clarify that each applicant must commit to provide
all applicable "matching funds" as that term is defined in §3.3(15) ("matching
funds" includes both cash match and in-kind match); and (2) allows an applicant
greater flexibility to designate the name or title of an authorized official.
The proposed amendment to §3.2023: (1) removes the requirement to
submit a Nonprofit Information Form because the pertinent information contained
in this form will be included in the Financial Capability Questionnaire; (2)
clarifies that the Financial Capability Questionnaire required for nonprofit
corporations is a CJD-prescribed form; and (2) adopts the CJD practice of
requiring new nonprofit grantees to submit documentation from the Internal
Revenue Service granting the entity tax-exempt status to ensure that the grantee
is an eligible applicant.
The proposed amendment to §3.2501: (1) revises the title of the federal
funding source in §3.2501(a)(1) to reflect the current title of this
funding source; (2) changes the word "decline" to "reject" to ensure the use
of uniform language in this section and §3.2021(3); and (3) adds the
requirement in §3.2501(d) that grantees notify CJD of any change in mailing
address, email address, fax number, or telephone number, and include sample
signatures of new grant officials to ensure that CJD maintains current contact
information for, and signatures of, current grant officials.
The proposed amendment to §3.2507 removes the requirement that a specified
grant official sign and submit each financial report because each expenditure
report lists the officers who may sign the document.
The proposed amendment to §3.2511: (1) adds §3.2511(b) to reflect
CJD's current practice of providing advance funds in certain approved budget
categories; (2) clarifies in §3.2511(c) that documentation must clearly
identify the obligation date, the applicable line items in the approved budget,
and the amount charged to the grant; and (3) clarifies in §3.2511(d)
that grant funds may not be requested after the 90-day liquidation period
and that the 90-day liquidation period may not be extended to promote financial
accountability by grantees and aid CJD in more efficiently accounting for
the disbursement of grant funds.
The proposed amendment to §3.2513: (1) clarifies that the authorized
official must sign grant adjustments that alter the amount of the grant award
or the scope of a grant project, and one of the three designated grant officials
must sign all other grant adjustments because the authorized official is the
only grant official given the power to alter the scope of a grant project;
(2) clarifies that the "funds" described in §3.2513(b) are "grant funds"
as defined in §3.3(7); (3) allows grant funds allocated for salary to
be transferred among or within the approved budget categories, without CJD
approval as long as the amount transferred does not exceed a cumulative total
of ten percent of the CJD-funded portion of the grant project during that
grant period; (4) clarifies that only a budget adjustment initiated by the
grantee will count as one of the four budget adjustments that may be approved
by CJD during a grant period; (5) requires requests to extend the grant period
to be submitted to CJD by the last day of the grant period to promote financial
accountability for grantees and aid CJD in more efficiently accounting for
the disbursement of grant funds; and (6) clarifies that a grant extension
does not extend the 90-day liquidation period.
The proposed amendment to §3.2517: (1) revises the language in this
section regarding compliance with applicable legal authority to ensure the
use of uniform language throughout this chapter; and (2) clarifies that, pending
resolution of a deficiency, CJD may place a grantee on program hold (temporarily
withhold all grant payments to the grant project) or vendor hold (temporarily
withhold all grant payments to all grant projects awarded to the grantee).
The proposed amendment to §3.2519 revises the language in this section
regarding compliance with applicable legal authority to ensure the use of
uniform language throughout this chapter.
The proposed amendment to §3.2521 clarifies that all payments made
after the grant period ends must relate to obligations incurred during the
grant period.
The proposed amendment to §3.2529 revises the language in §3.2529(b)
regarding compliance with applicable legal authority to ensure the use of
uniform language throughout this chapter.
The proposed amendment to §3.2601: (1) revises the language in §2601(a)
regarding compliance with applicable legal authority to ensure the use of
uniform language throughout this chapter; (2) removes the language regarding
the use of CJD staff, contractors and external reviewers in §2601(b)
because it is provided for in §3.3(2), which defines "CJD" to include
designees of CJD; (3) changes the title of CJD's initial report to a "preliminary
report"; (4) adds language in §2601(g) to clarify that CJD must determine
if the response is adequate to resolve the deficiency or recommendation; and
(5) clarifies in §2601(i) that all required actions identified in the
final monitoring report must be resolved in the time frame specified in the
report.
The proposed amendment to §3.2603 specifies the applicable provisions
of UGMS that apply to audits.
The proposed addition of §3.107 incorporates the list of ineligible
activities that were found in former subsections (c) and (d) of §3.55,
which are proposed for repeal. This list of ineligible activities is applicable
to grant funds awarded under the State Criminal Justice Planning (421) Fund.
The proposed addition of §3.1411 incorporates the list of ineligible
activities under the federal requirements for the Rural Domestic Violence
and Child Victimization Enforcement Program.
The proposed repeal of §3.1217 deletes language that is unnecessary
because it is addressed in §3.1211.
The proposed repeal of §3.2019 removes the requirements of an interagency
agreement in this section because such agreements are covered under §3.77
and §3.2009.
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, added, or repealed.
Dan Glotzer, Manager of Budget and Finance for CJD, 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. Glotzer has also 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 businesses for complying with the proposed rules.
Comments on the proposed amendments, additions, and repeals may be submitted
to Heather Morgan, Office of the Governor, Criminal Justice Division, at hmorgan@governor.state.tx.us;
P. O. Box 12428, Austin, Texas 78711; or (512) 463-1919. Comments must be
received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
Subchapter A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.1, 3.3, 3.7, 3.17, 3.19, 3.21
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§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.
A grantee must comply with the provisions of Subchapters
A through F in effect on the date the grant is awarded by CJD.
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.
Subchapter G details the rules regarding CJD advisory boards. Subchapter H
addresses Crime Stoppers program certification. Subchapter I adopts the Memorandum
of Understanding between CJD and the Texas Department of Public Safety.
§3.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless otherwise indicated:
(1)
CJAC: Criminal Justice Advisory Committee, a component
of a COG. A CJAC must have a multi-disciplinary representation of members
from the region. This representation must contain members from the following
groups: concerned citizens or parents, drug abuse prevention, education, juvenile
justice, law enforcement, mental health, nonprofit organizations, prosecution/courts,
and victim services. No single group may constitute more than
one third
[
(2)
CJD: The Criminal Justice Division of the Office of the
Governor or its designee;
(3)
COG: a regional planning commission, council of governments,
or similar regional planning agency created under Chapter 391, Texas Local
Government Code;
(4)
executive director: the executive director of CJD
[
(5)
grantee: an agency or organization that receives a
grant award
[
(6)
grant funds: CJD-funded and matching funds portions
of a grant project
[
(7)
OJP Financial Guide: the financial guide issued by
the federal Office of Justice Programs, United States Department of Justice,
applicable to the use of federal Department of Justice money in state grant
projects
[
(8)
special condition: a condition placed on a grant because
of a need for information, clarification, or submission of an outstanding
requirement of the grant that may result in a hold being placed on the CJD-funded
portion of a grant project
[
(9)
UGMS: the Uniform Grant Management Standards promulgated
by the Governor's Office of Budget and Planning at 1 T.A.C. §§5.141
- 5.167
[
(10)
approved budget categories: budget categories (including
personnel, contractual and professional services, travel, equipment, construction,
supplies and other direct operating expenses, and indirect costs) that contain
a line item with a dollar amount greater than zero that is approved by CJD
through a grant award or a budget adjustment
[
(11)
applicant: an agency or organization that has submitted
a grant application or grant renewal documentation
[
(12)
program income: gross income earned by the grantee
during the funding period as a direct result of the award. "Direct result"
is defined as a specific act or set of activities that are directly attributable
to grant funds and that are directly related to the goals and objectives of
the project. Program income includes, but is not limited to, forfeitures,
cash contributions, donations, restitution, interest income, fees, and royalties
[
(13)
equipment:
[
(A)
an article of non-expendable,
tangible personal property having a useful life of more than one year and
an acquisition cost which equals the lesser of the capitalization level established
by the grantee for financial statement purposes or $1,000; or
(B)
any of the following items
with costs between $500 and $1000: stereo systems, still and video cameras,
facsimile machines, VCRs and VCR/TV combinations, cellular and portable telephones,
and computer systems.
(14)
matching funds: the grantee's share of the project
costs. Matching funds may either be cash or in-kind. Cash match includes actual
cash spent by the grantee and must have a cost relationship to the award that
is being matched. In-kind match includes the value of donated services. In-kind
match is allowed only in the following funding sources: Title V Delinquency
Prevention Fund, Victims of Crime Act Fund, and Violence Against Women Act
Fund.
[
[
§3.7.Selection Process.
(a)
For applications submitted directly to CJD, staff members,
or a review group selected by the executive director, will review the applications
for eligibility, reasonableness, availability of funding, and cost-effectiveness
and give their funding recommendations to the executive director, who will
render the final funding decision. A review group may include staff members,
experts in a relevant field, and members of an advisory board or council.
(b)
For applications submitted directly to CJD pursuant to §3.5(b),
the executive director will decide whether to fund the application based upon
the following factors:
(1)
the inherent value of the project's impact;
(2)
whether the project has the potential to be a model program;
or
(3)
whether delaying the application would have a significant
negative impact on the immediate need for the project.
(c)
For applications submitted directly to a COG, the [
(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 [
(e)
During the review of an application, CJD or a COG may request
that the applicant submit additional information necessary to complete grant
review. CJD or a COG may request the applicant to provide any outstanding
forms and documents to clarify or justify any part of the application or to
disclose other funding sources related to the project. Such requests for information,
including the issuance of a preliminary review report, do not serve as notice
that CJD intends to fund an application.
(1)
If CJD needs additional information on an application submitted
through a COG, CJD will send a 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 a report directly to the applicant, and the
applicant must provide a response by a CJD-established deadline.
(3)
If CJD is not able to adequately resolve problems within
an applicant's budget through the preliminary review process, CJD may use
its discretion to make the necessary corrections to the budget to bring it
into compliance with applicable state or federal requirements. Any corrections
to an applicant's budget will be reflected in the award documentation.
(f)
CJD will inform applicants in writing of funding decisions
on their grant applications through either a Statement of Grant Award or a
notification of denial. For applications submitted to a COG that do not receive
funding recommendations, the COG notification of the decision not to recommend
funding serves as the applicant's notification of denial.
(g)
All funding decisions made by the executive director are
final and are not subject to appeal.
§3.17.Federal Funding.
All grantees receiving federal funds must comply with the
applicable
statutes, rules,
regulations,
and
guidelines
[
§3.19.Adoptions by Reference.
(a)
Grantees must comply with all applicable state and federal
statutes, rules, regulations, and guidelines. In instances where both federal
and state requirements apply to a grantee, the more restrictive requirement
applies.
(b)
CJD adopts by reference the rules and documents listed
below that relate to the administration of CJD grants.
(1)
Uniform Grant Management Standards (UGMS) adopted pursuant
to the Uniform Grant and Contract Management Act of 1981, Chapter 783, Texas
Government Code. See 1 T.A.C.
§
§5.141 - 5.167. These
requirements apply to all CJD grants, whether state or federal funds, including
grants to nonprofit corporations.
(2)
Office of Justice Programs, OJP Financial Guide. These
requirements apply to grants of federal funds in which the source of the federal
funds is the U.S. Department of Justice.
(3)
Education Department General Administrative Regulations
(EDGAR). See 34 C.F.R. §§74, 75, 76, 77, 79, 80, 81, 82, 85, and
86. These requirements apply to grants of federal funds in which the source
of the federal funds is the U.S. Department of Education.
(4)
Common Rule for OMB Circular A-102: Grants and Cooperative
Agreements with State and Local Governments. See 28 C.F.R. §66. These
requirements apply to grants from federal funds to state agencies, cities,
counties, community supervision and corrections departments, COGs, and juvenile
boards.
(5)
OMB Circular No. A-110: Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Private Nonprofit Organizations. See 28 C.F.R. §70. These requirements
apply to grants from federal funds to universities and colleges.
(6)
OMB Circular No. A-21: Cost Principles for Educational
Institutions. See 28 C.F.R. §66. These requirements apply to grants from
federal funds to
educational institutions
[
(7)
OMB Circular No. A-87: Cost Principles for State, Local,
and Indian Tribal Governments. See 28 C.F.R. §66. These requirements
apply to all grants from federal funds to state agencies, cities, counties,
community supervision and corrections departments, COGs, juvenile boards,
and Native American Tribes.
(8)
OMB Circular No. A-122: Cost Principles for Private Nonprofit
Organizations. See 28 C.F.R. §66. These requirements apply to all grants
from federal funds to private nonprofit corporations.
(9)
OMB Circular No. A-133: Audits of States, Local Governments,
and Nonprofit Organizations. See 28 C.F.R. [
(10)
Texas Review and Comment System. See 1 T.A.C. §5.191
et seq. Developed in response to Presidential Executive Order 12372, as amended
by Presidential Executive Order 12416. These requirements apply to all grants
funded by CJD, except for those funded under the Crime Stoppers Assistance
Fund.
§3.21.Use of the Internet.
CJD may provide for submission of grant applications, progress reports,
financial reports, and other information via the Internet
or other electronic
means
. Completion and submission of
documents and information
[
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 August 1, 2003.
TRD-200304655
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1.
ELIGIBILITY REQUIREMENTS
1 TAC §3.53, §3.55
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.53.Juvenile Justice and Youth Projects.
(a)
Projects exclusively serving juveniles or youth, regardless
of the funding source, must
address
[
(1)
Family [
(A)
Instill appropriate social values and character in children.
(B)
Emphasize family preservation whenever possible and appropriate.
(C)
Provide family crisis intervention for delinquent or pre-delinquent
children and their families.
(D)
Recognize the role of faith-based programs in preventing
juvenile delinquency.
(2)
Early Intervention and Prevention [
(A)
Address, through community-based efforts, conditions contributing
to delinquent behavior
, including drug and alcohol abuse
.
(B)
Hold juveniles accountable and responsible for their actions.
(C)
Address an increasing need
to provide services to children of incarcerated parents and/or living in foster
care or other alternative situations.
(D)
Address a need for early identification
of, and programs for, emotionally disturbed children and children with mental
health concerns.
(3)
Schools/Education
[
(A)
Train educational and law enforcement personnel in
juvenile justice laws and procedures
[
(B)
Encourage appropriate student discipline and accountability
to create and maintain a safe and productive learning environment
[
(C)
Teach good citizenship, literacy,
and vocational skills.
(D)
Identify and intervene as early
as possible with students at-risk for truancy and dropping out of school.
(4)
Reduce Disproportionate Minority Representation in
the Juvenile Justice System
[
(A)
Develop a standardized risk assessment instrument
to be made available for use by juvenile courts at detention hearings
[
(B)
Identify and support intervention strategies that
could effectively reduce disproportionate representation in appropriate juvenile
cases
[
[
[
(5)
Safe Environment
[
(A)
Counteract gangs through identification, surveillance,
arrest, and prosecution of gang members involved in criminal activities
[
(B)
Involve the local community in comprehensive efforts
to deal with juvenile crime
[
[
[
(6)
Juvenile Justice Policies,
Procedures and Facilities. Examples include, but are not limited to, programs
that:
(A)
Support mandatory progressive sanctions for
misconduct and delinquent behavior.
(B)
Develop and maintain computer-based information
systems that will match children and families with appropriate service providers
based on risk and needs profiles.
(C)
Provide appropriate dispositions to mentally
ill or mentally retarded youth accused of committing crimes.
(D)
Target female and special needs offenders.
(b)
Additionally, projects exclusively serving juveniles or
youth, regardless of the funding source, must address the representation of
minority youth in the juvenile justice system. Methods of addressing this
requirement include
, but are not limited to,
early prevention projects
and projects designed to divert juveniles from the juvenile justice system
in appropriate cases.
(c)
Applicants
that operate secure juvenile detention
or correctional facilities
that are not in compliance with the Juvenile
Justice and Delinquency Prevention Act of 1974, Public Law 93-415, 42 U.S.C.
5601 et seq., as amended, are not eligible for funding
, unless they
have submitted to CJD an acceptable plan and timetable for eliminating the
noncompliance
.
[
§3.55. Legal Services for Adult Offenders. [
[
[
[
[
[
[
[
[
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 August 1, 2003.
TRD-200304656
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.73, 3.75, 3.77, 3.79, 3.81, 3.83, 3.85, 3.87
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.73.Matching Funds Policy.
(a)
An applicant must ensure that it possesses or can acquire
the required matching funds to satisfy the matching funds requirement. An
applicant's use of matching funds must comply with the same
statutes,
rules
, regulations,
and guidelines applicable to the use
of the CJD-funded portion of a grant project.
(b)
If matching funds are required on a grant, then the grantee
must provide matching funds equal to or greater than the required minimum
matching funds percentage of the total grant funds.
(c)
A contractor or participating entity may contribute toward
the matching funds requirement, but the applicant bears the ultimate responsibility
for satisfying the matching funds requirement.
(d)
Applicants may use funds received through program income
to fulfill a matching funds requirement.
(e)
Subject to CJD review and approval, on-call services may
be used to meet 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. The maximum value for time for a volunteer who is on-call
shall not exceed 50% of the value of a volunteer's time while providing direct
services. If the governing board has established a lower rate, then the lower
rate must be used. The on-call policy must be submitted to CJD for approval.
(f)
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 expenses, 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 [
(3)
CJD will not pay any portion of the salary of, or any other
compensation for, an elected or appointed government official.
Grants
under the Juvenile Accountability Block Grant Program are exempt from this
subsection when the grant funds are used to provide court masters, magistrates,
or referees who are retained, appointed, or hired to assist judges in juvenile
cases.
(b)
Personnel compensated with grant funds
[
(c)
Grantees may not use grant funds to provide overtime pay.
Overtime pay is remuneration for hours worked in excess of
full-time
[
(d)
Grantees may not carry forward accrued leave from
one grant period to another. In
[
(e)
For [
§3.77.Professional and Contractual Services.
(a)
Any contract or agreement entered into by a grantee that
obligates grant funds must be in writing and consistent with Texas contract
law.
(b)
Grantees must maintain adequate documentation supporting
budget items for a contractor's time, services, and rates of compensation.
(c)
In accordance with §3.2013
of this chapter, grantees must submit to CJD a CJD-prescribed Procurement
Questionnaire when a procurement is expected to exceed $100,000 or upon CJD
request.
§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 multi-jurisdictional 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
conduct
[
(c)
A person attending training courses paid for with grant
funds must complete the course. Grantees must maintain records that properly
document the completion of all grant-funded training courses.
§3.81.Equipment.
(a)
Applicants must submit with their grant applications
an itemized
[
(b)
CJD will not approve grant funds to purchase vehicles or
equipment for governmental agencies that are for general agency use. The Local
Law Enforcement Block Grant program and the County Essential Services Grant
program are exempt from this rule.
(c)
CJD will not approve
grant
funds for the purchase
of weapons, ammunition, explosives, or military vehicles.
(d)
In accordance with §3.2013
of this chapter, grantees must submit to CJD a CJD-prescribed Procurement
Questionnaire when a procurement is expected to exceed $100,000 or upon CJD
request.
§3.83.Supplies and Direct Operating Expenses.
(a)
Supplies and direct operating expenses are costs directly
related to the grantee's day-to-day operation of the grant project that are
not included in any of the grantee's other
approved
[
(b)
CJD will not approve grant funds to purchase:
[
(1)
admission fees or tickets to
any amusement park, recreational activity, or sporting event; or
(2)
promotional gifts.
(c)
Unless otherwise allowed by this chapter, grantees
cannot use grant funds to pay for food, meals, beverages, or other refreshments
unless the expense is for a working event where full participation by participants
mandates the provision of food and beverages and that event is not related
to amusement and/or social activities in any way
[
(d)
Grant funds shall not be used to pay membership dues
for individuals
[
[
§3.85.Indirect Costs.
(a)
CJD may approve indirect costs in an amount not to exceed
two percent of the CJD-approved direct costs in the CJD-funded portion of
a grant project, unless the grantee has an approved cost-allocation plan.
(b)
If the applicant has a cost-allocation plan and wishes
to charge indirect costs to the grant, the applicant shall identify the indirect
cost rate and provide supporting documentation as part of the application
to CJD.
(c)
Unless otherwise specified under Subchapter C, indirect
costs are allowable under CJD grants in accordance with applicable state and
federal guidelines.
(d)
The Juvenile Accountability
Block Grant Program is exempt from this rule and instead must comply with §3.1209
of this chapter.
§3.87.Program Income.
(a)
Rules governing the use of program income are included
in the provisions adopted by reference in §3.19 of this chapter.
(b)
[
(c)
CJD may require or allow a grantee to transfer the CJD
portion of program income and property to another grant, grantee or to CJD.
(d)
Grantees must submit written requests to CJD to carry program
income forward from one grant year to the next within 90 calendar days after
the end of the grant period. Grantees may not carry program income forward
without written CJD approval.
(e)
All funds, accrued interest, and property awarded to a
grantee under a forfeiture action represent program income, and these funds
shall be added to the funds committed to the project in accordance with federal
regulations as adopted by reference in §3.19 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 August 1, 2003.
TRD-200304657
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1.
STATE CRIMINAL JUSTICE PLANNING (421) FUND
1 TAC §§3.103, 3.105, 3.107
The amendment and addition of these rules is proposed under
the Texas Government Code, Title 7, §772.006(a)(10), which provides the
Office of the Governor, Criminal Justice Division, the authority to adopt
rules and procedures as necessary.
The amended and added rules implement the Texas Government Code, Title
7, §772.006(a), which requires the Office of the Governor, Criminal Justice
Division, to award and administer state and federal grant programs, and to
assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment and
addition of these rules.
§3.103.Project Requirements.
Grant applications must meet the rules set forth in §3.53 [
§3.105.Eligible Applicants.
State agencies, units of local government,
independent
school
districts, nonprofit corporations,
Native American tribes, COGs, universities,
colleges, hospital districts, juvenile boards, regional education service
centers, community supervision and corrections departments,
crime control
and prevention districts, and faith-based organizations are eligible to apply
for grants under this fund. Faith-based organizations must be [
§3.107.Ineligible Activities.
Grantees may not use grant funds to pay for serving adult offenders
charged with, given deferred adjudication for, or convicted of violent or
other serious crimes including murder, arson, robbery, sexual assault, aggravated
sexual assault, burglary, felony drug crimes, crimes against children, kidnapping,
aggravated kidnapping, and manslaughter, unless the executive director grants
an exception. The executive director may only approve exceptions to this rule
in the following instances:
(1)
projects that serve offenders between 17 and 25 years old;
(2)
projects that fund batterers' intervention programs;
(3)
projects that support drug treatment and prevention programs;
or
(4)
innovative projects in prisons, jails, and community supervision
and corrections departments.
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 August 1, 2003.
TRD-200304658
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.201, §3.205
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.201.Source and Purpose.
(a)
All rules in this division relate to the Juvenile Justice
and Delinquency Prevention Act Fund. The funding agency for the source of
these federal funds is the U.S. Department of Justice. Grantees must comply
with the applicable grant management standards adopted under §3.19 of
this chapter.
(b)
These federal funds are authorized under the Juvenile Justice
and Delinquency Prevention Act of 1974,
as amended
[
(c)
In addition to the rules related to this funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations at 28 C.F.R. §31, which are hereby adopted by reference.
§3.205.Eligible Applicants.
State agencies, units of local government, nonprofit corporations,
Indian tribes performing law enforcement functions, crime control and prevention
districts,
universities, colleges, independent school districts,
and
faith-based organizations are eligible to apply for grants under this fund.
Faith-based organizations must be [
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 August 1, 2003.
TRD-200304659
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.301, §3.303
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.301.Source and Purpose.
(a)
All rules in this division relate to the Title V Delinquency
Prevention Act Fund. The funding agency for the source of these federal funds
is the U.S. Department of Justice. Grantees must comply with the applicable
grant management standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the Juvenile Justice
and Delinquency Prevention Act of 1974, Title V, Public Law 93-415 as amended;
Public Laws 102-586 and 104-316; codified as amended at 42 U.S.C. 5781
et seq
[
(c)
Projects funded through this program should seek to reduce
juvenile delinquency and youth violence by supporting community efforts to
provide children, families, neighborhoods, and institutions with the knowledge,
skills, and opportunities necessary to create an environment that fosters
the development of productive and responsible citizens.
[
[
[
[
[
[
§3.303.Project Requirements.
Projects must
:
[
(1)
meet the requirements of §3.53
of this chapter;
(2)
form coalitions within communities
that mobilize and direct delinquency prevention efforts;
(3)
identify known delinquency
risk factors present in affected communities;
(4)
identify protective measures
that counter identified risks and develop local comprehensive delinquency
prevention plans that strengthen these protective measures;
(5)
develop local, comprehensive
delinquency prevention strategies that coordinate federal, state, local, and
private resources to establish a client-centered continuum of services for
at-risk children and their families; and
(6)
implement delinquency prevention
strategies, monitor their progress, and modify the strategies as needed.
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 August 1, 2003.
TRD-200304660
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.401, 3.403, 3.405
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.401.Source and Purpose.
(a)
All rules in this division relate to the Safe and Drug-Free
Schools and Communities Act Fund. The funding agency for the source of these
federal funds is the U.S. Department of Education. Grantees must comply with
the applicable grant management standards adopted under §3.19 of this
chapter.
(b)
These federal funds are authorized under the Elementary
and Secondary Education Act, Title IV, Part A, Subpart 1,
§§4001-4117
[
(c)
CJD awards these funds to a wide range of state and local
applicants, both public and private nonprofit, to
promote a
[
(d)
In addition to the rules related to this funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations at 34 C.F.R. §76, which are hereby adopted by reference.
§3.403.Project Requirements.
(a)
Grant funds will be awarded based on:
[
(1)
the quality of the project
proposed; and
(2)
how the project meets the principles
of effectiveness described in subsection (e) of this section.
(b)
CJD gives priority to projects that prevent illegal
drug use and violence for:
[
(1)
children and youth who are
not normally served by state educational agencies or local educational agencies;
or
(2)
populations that need special
services or additional resources (such as youth in juvenile detention facilities,
runaway or homeless children and youth, pregnant and parenting teenagers,
and school dropouts).
(c)
CJD gives special consideration to grantees that pursue
a comprehensive approach to drug and violence prevention that includes providing
and incorporating mental health services related to drug and violence prevention
in their project
[
(d)
Grant funds shall be used to implement drug and violence
prevention activities, including:
[
(1)
activities that complement
and support local educational activities, including developing and implementing
activities to prevent and reduce violence associated with prejudice and intolerance;
(2)
dissemination of information
about drug and violence prevention; and
(3)
development and implementation
of community-wide drug and violence prevention planning and organizing.
(e)
Projects must
meet the following principles of effectiveness:
[
(1)
Projects must be based on an
assessment of objective data regarding the incidence of violence and illegal
drug use in the elementary schools and secondary schools and communities to
be served, including an objective analysis of the current conditions and consequences
regarding violence and illegal drug use, including delinquency and serious
discipline problems, among students who attend such schools (including private
school students who participate in the drug and violence prevention program)
that is based on on-going local assessment or evaluation activities;
(2)
Projects must be based on an
established set of performance measures aimed at ensuring that the elementary
schools, secondary schools, and communities to be served by the program have
a safe, orderly, and drug-free learning environment;
(3)
Projects must be based on scientifically-based
research that provides evidence that the program to be used will reduce violence
and illegal drug use;
(4)
Projects must be based on an
analysis of the data reasonably available at the time, of the prevalence of
risk factors, including high or increasing rates of reported cases of child
abuse and domestic violence; protective factors, buffers, assets; or other
variables in schools and communities in the State identified through scientifically-based
research; and
(5)
Projects must include meaningful
and ongoing consultation with and input from parents in the development of
the application and administration of the program or activity.
(f)
Projects must
meet the requirements of §3.53
of this chapter
[
(g)
Projects must
not duplicate the efforts of the Texas
Education Agency's Safe and Drug Free Schools Act program or those of local
education agencies
[
(h)
Projects must
undergo a periodic evaluation to assess
its progress toward reducing violence and illegal drug use in schools to be
served based on performance measures described in the No Child Left Behind
Act of 2001, Public Law 107-110, §4114(d)(2)(B). The results shall be
used to refine, improve, and strengthen the program, and to refine the performance
measures, and shall also be made available to the public upon request, with
public notice of such availability provided
[
[
[
§3.405.Eligible Applicants.
COGs, cities, counties, universities, colleges, independent school
districts, nonprofit corporations, crime control and prevention districts,
state agencies, Native American tribes, faith-based organizations, regional
education service centers, community supervision and corrections departments,
and juvenile boards are eligible for grants. Faith-based organizations must
be [
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 August 1, 2003.
TRD-200304661
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.501, 3.503, 3.505
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.501.Source and Purpose.
(a)
All rules in this division relate to the Victims of Crime
Act Fund. The funding agency for the source of these federal funds is the
U.S. Department of Justice. Grantees must comply with the applicable grant
management standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the Victims of
Crime Act of 1984 (VOCA), as amended, [
(c)
The primary purpose of these grants is to provide services
to victims of crime. Services may include the following:
(1)
responding to the emotional and physical needs of crime
victims;
(2)
assisting victims in stabilizing their lives after a victimization;
(3)
assisting victims to understand and participate in the
criminal justice system; and
(4)
providing victims with safety and security.
§3.503.Project Requirements.
Grant funds can support projects that provide the following services,
activities, and costs:
(1)
Immediate Health and Safety. Projects should provide services
that respond to the immediate emotional and physical needs (excluding medical
care) of crime victims, such as crisis intervention, accompanying victims
to hospitals for medical examinations, providing victims with hot line counseling,
emergency food, clothing, transportation, and shelter, and providing emergency
services intended to restore the victim's sense of security.
(2)
Mental Health Assistance. These services include aid that
assists the primary and secondary victims of crime.
(3)
Assistance with Involvement in Criminal Justice Proceedings.
Projects should help victims participate in the criminal justice system.
(4)
Forensic Examinations. Forensic
examinations
[
(5)
Costs Necessary and Essential to Providing Direct Services.
These include
[
(6)
Special Services. These include services to assist crime
victims with managing practical problems created by victimization including
the following:
(A)
acting on behalf of the victim with other service providers,
creditors, or employers;
(B)
assisting the victim to recover property retained as evidence;
(C)
assisting in filing for compensation benefits; and
(D)
helping the victim to apply for public assistance.
(7)
Personnel Costs. These include costs directly related to
providing services such as staff salaries and fringe benefits and including
malpractice insurance, costs for advertising to recruit grant-funded personnel,
and costs to train paid and volunteer staff.
(8)
Victim-Offender Meetings. Activities involving victim-offender
meetings are only allowable if the meetings are between the victim and the
offender who perpetrated the crime against the victim
[
(9)
Other Allowable Costs and Services. CJD does not consider
the services, activities, and costs listed below as direct crime victim services,
but recognizes that they are often an essential activity necessary to ensure
that the grantee can provide high quality direct services. Before grantees
can use grant funds to pay for these services,
activities, and costs,
CJD and the grantee must agree that the grantee cannot provide [
(A)
Skill training for staff.
This includes the cost of
training materials.
(B)
Training
programs and related travel
[
(C)
Equipment and furniture
[
(D)
Lease of vehicles. Grantees must obtain CJD approval
in writing before leasing vehicles
[
(E)
Advanced technologies. This covers information technology
costs associated with purchasing systems, software, or equipment that expand
a grantee's ability to reach and serve crime victims
[
(F)
Contracts for specialized professional services. Grantees
may not use a majority of grant funds for contracted services that provide
administrative, overhead, and other indirect costs. Examples of specialized
professional services include the following:
[
(i)
assistance in filing restraining
orders or establishing emergency custody or visitation rights;
(ii)
emergency psychological or
psychiatric services; or
(iii)
interpretation for the deaf
or for crime victims whose primary language is not English.
(G)
Operating costs.
[
[
[
[
(H)
Supervision of direct service providers
[
(I)
Repair or replacement of essential items
[
[
§3.505.Eligible Applicants.
(a)
State agencies, units of local government,
hospital
districts,
nonprofit corporations, Native American tribes, crime control
and prevention districts, universities,
colleges,
community supervision
and corrections departments, COGs
that offer direct services to victims
, [
(b)
All applicants must meet one of the following criteria:
(1)
the applicant has a record of providing effective services
to crime victims; or
(2)
if an applicant does not have a demonstrated record of
providing such services, it must show that at least 25 percent of its financial
support comes from non-federal sources.
(c)
All applicants must meet each of the following criteria:
(1)
applicants must use volunteers, unless CJD determines that
a compelling reason exists to grant an exception;
(2)
applicants must promote community efforts to aid crime
victims;
(3)
applicants must help victims apply for compensation benefits;
(4)
applicants must maintain and display civil rights information;
(5)
applicants must provide services to victims of federal
crimes on the same basis as victims of state and local crimes;
(6)
applicants must provide grant-funded services at no charge
to victims, and any deviation requires prior written approval by CJD; and
(7)
applicants must maintain the confidentiality of all client-counselor
information and research data, as required by state and federal law.
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 August 1, 2003.
TRD-200304662
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.605, 3.609, 3.613
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.605.Eligible Applicants.
Crime Stoppers organizations[
§3.609.Indirect Costs.
CJD will not approve the use of [
§3.613. Decertified Crime Stoppers Organization [
If a grantee that is a crime stoppers organization is decertified
by the Crime Stoppers Advisory Council, the grant awarded to the grantee shall
terminate on the date on which the grantee is decertified and all unexpended
grant funds must be returned to CJD.
[
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 August 1, 2003.
TRD-200304663
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.701, 3.703, 3.719, 3.721, 3.723
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.701.Source and Purpose.
(a)
All rules in this division relate to the [
(b)
These federal funds are authorized under the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, Title I, codified as amended
at 42 U.S.C. §3750.
(c)
The fund's purpose is to reduce and prevent illegal drug
activity, crime, and violence and to improve the functioning of the criminal
justice system.
§3.703.Project Requirements.
All projects must meet at least one of the following purpose areas.
(1)
multi-jurisdictional 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. Multi-jurisdictional
task forces must use the Criminal Law Enforcement Reporting Information System
(CLERIS) and input task force drug intelligence information into the system.
Multi-jurisdictional task force projects must be composed of law enforcement
agencies located in no less than two contiguous counties within the State
of Texas;
(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
anti-terrorism
[
(11)
improving or developing forensic laboratory capabilities
to analyze DNA for identification purposes;
(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)
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;
(15)
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;
(16)
providing programs which identify and meet the treatment
needs of adult and juvenile drug-dependent and alcohol-dependent offenders;
(17)
developing and implementing programs which provide assistance
to jurors and witnesses, and assistance (other than compensation) to victims
of crimes;
(18)
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;
(19)
improving the criminal and juvenile justice system's response
to domestic and family violence, including spouse abuse, child abuse, and
abuse of the elderly;
(20)
providing alternatives to prevent detention, jail, and
prison for persons who pose no danger to the community;
(21)
providing community and neighborhood programs that assist
citizens in preventing and controlling crime, including special programs that
address the problems of crimes committed against the elderly and special programs
for rural jurisdictions;
(22)
disrupting illicit commerce in stolen goods and property;
(23)
improving the investigation and prosecution of white-collar
crime (e.g., organized crime, public corruption crimes, and fraud against
the government with priority attention to cases involving drug-related official
corruption);
(24)
developing and implementing anti-terrorism plans for deep
draft ports, international airports, and other important facilities;
(25)
addressing the problems of drug trafficking and the illegal
manufacture of controlled substances in public housing;
(26)
programs of which the primary goal is to strengthen urban
enforcement and prosecution efforts targeted at street drug sales;
(27)
prosecution of driving while intoxicated charges and the
enforcement of other laws relating to alcohol use and the operation of motor
vehicles;
(28)
addressing the need for effective bindover systems for
the prosecution of violent 16- and 17-year-old juveniles in courts with jurisdiction
over adults for (certain enumerated) violent crime;
(29)
enforcing child abuse and neglect laws, including laws
protecting against child sexual abuse, and promoting programs designed to
prevent child abuse and neglect;[
(30)
establishing or supporting cooperative programs between
law enforcement and media organizations to collect, record, retain, and disseminate
information useful in the identification and apprehension of suspected criminal
offenders
; or
[
(31)
projects to improve the quality,
timeliness, and credibility of forensic science services for criminal justice
purposes.
§3.719.District Attorney Agreement.
(a)
All applications for multi-jurisdictional task forces under
the [
(1)
district attorneys must diligently pursue all prosecutable
forfeiture actions arising from operations initiated and investigated by the
task force;
(2)
property seized by the task force under the provisions
of law shall remain in the custody of the task force until final disposition
of the forfeiture action;
(3)
funds seized by the task force may be placed in the custody
of the district attorney until final disposition of the forfeiture action
provided such funds are maintained in a separate bank account subject to review
by the task force and CJD;
(4)
upon final disposition of the forfeiture action, all funds,
accrued interest, and property attributable to the efforts of the task force
shall be awarded to the task force; however, if the task force does not have
a CJD-funded attorney, the district attorney may retain up to 25 percent of
the state's portion of the final judgment amount; and
(5)
the agreement shall be in effect for the entire term of
the task force grant (from the start date listed on the Statement of Grant
Award until the end date listed thereon).
(b)
Applications for multi-jurisdictional task forces under
the [
§3.721.Certification of Drug Testing.
Applications
[
§3.723.Multi-jurisdictional Task Force Advisory Boards.
Under the [
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 August 1, 2003.
TRD-200304664
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.905
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.905.Eligible Applicants.
State agencies, units of local government, nonprofit corporations,
faith-based organizations, Indian tribal governments, COGs, universities,
colleges,
community supervision and corrections departments, and crime
control and prevention districts, are eligible to apply for grants under this
fund. Faith-based organizations must be [
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 August 1, 2003.
TRD-200304665
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.1001, 3.1003, 3.1005
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.1001.Source and Purpose.
(a)
All rules in this division relate to the Challenge Grant
Program. The funding agency for the source of these federal funds is the U.S.
Department of Justice. Grantees must comply with the applicable grant management
standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the Juvenile Justice
and Delinquency Prevention Act of 1974, §285, Public Law 93-415 as amended;
Public Law 102-586, codified as amended at 42 U.S.C. 5667c.
[
§3.1003.Project Requirements.
[
(1)
address the need to
increase aftercare services
for juveniles involved in the justice system [
(2)
develop and adopt policies to prohibit gender bias in placement
and treatment, and establish programs to ensure that female youth have full
access to
social
[
(3)
develop and adopt policies
and programs to provide all juveniles in the juvenile system with access to
counsel.
[
[
§3.1005.Eligible Applicants.
State agencies, nonprofit organizations, local units of government,
faith-based organizations, crime control and prevention districts, Native
American tribal governments, COGs, universities,
colleges,
independent
school districts, and juvenile boards are eligible to apply for grants under
this fund.
Faith-based organizations must be certified by the Internal
Revenue Service as tax-exempt nonprofit entities. Grantees may not use grant
funds or program income for proselytizing or sectarian worship.
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 August 1, 2003.
TRD-200304666
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.1109
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.1109.Indirect Costs.
CJD will not approve
the use of
grant funds to pay for indirect
costs.
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 August 1, 2003.
TRD-200304667
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.1201, 3.1205, 3.1209, 3.1213
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.1201.Source and Purpose.
(a)
All rules in this division relate to the Juvenile Accountability
[
(b)
These federal funds are authorized under the Fiscal Year
1999
Appropriations
[
(c)
The Program's purpose is to develop programs that promote
greater accountability in the juvenile justice system.
(d)
In addition to the rules related to this funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations contained in 28 C.F.R. §95, which are hereby adopted by reference.
§3.1205.Eligible Applicants.
(a)
Twenty-five percent of this fund is available for state
set-aside grants to state agencies, units of local government (including crime
control and prevention districts),
universities, colleges,
nonprofit
corporations, Native American tribal governments, COGs and faith-based organizations.
Faith-based organizations must be [
(b)
Cities, counties, Native American tribal governments, and
COGs that apply for grants to provide services to units of local government
that are not eligible for separate grants are eligible to apply for formula
allocation grants under the remaining 75 percent of this fund.
§3.1209.Indirect Costs.
Under the Juvenile Accountability [
§3.1213.Juvenile Crime Enforcement Coalition.
Each applicant must establish a coalition consisting of individuals
representing police
departments
, sheriffs' offices, prosecutors,
probation officers, juvenile courts, schools, businesses, and faith-based,
fraternal, nonprofit, or social service organizations involved in juvenile
crime and delinquency prevention.
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 August 1, 2003.
TRD-200304668
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.1217
(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 this rule is proposed under the Texas
Government Code, Title 7, §772.006(a)(10), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repeal of this rule implements the Texas Government Code, Title 7, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the repeal of this
rule.
§3.1217.Combining Services to Serve More Than One City or County.
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 August 1, 2003.
TRD-200304669
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.1301, 3.1303, 3.1305, 3.1309
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.1301.Source and Purpose.
(a)
All rules in this division relate to the
Coverdell
Forensic Sciences Program
[
(b)
These
[
(c)
This program provides
[
§3.1303.Project Requirements.
(a)
All
[
(1)
Employ one or more full time criminalists
whose principal duties are the examination of physical evidence for law enforcement
agencies in criminal justice matters and who provide testimony with respect
to such physical evidence to the criminal justice system.
(2)
Demonstrate improvement over current operations
in the average number of days between submission of a sample to a forensic
science laboratory and the delivery of test results to the requesting office
or agency.
(3)
Assure that all project personnel comply
with 28 C.F.R. Part 22 regarding protection of personally identifiable information
that may be collected for research or statistical purposes.
(b)
Allowable expenditures are limited to
the following:
(1)
Laboratory and computer equipment including upgrading,
replacing, and purchasing laboratory equipment, instrumentation, and computer
hardware or software for forensic analyses and data management.
(2)
Supplies include laboratory items needed to perform analyses
and to conduct validation studies, and other expenses directly attributable
to conducting various types of forensic analyses.
(3)
Costs associated with personnel, such as overtime, fellowships,
visiting scientists, interns, consultants or contracted staff (funds may not
be used for salaries or wages for state or local personnel).
(4)
Facility improvements including benches, cabinets, interior
dividing walls, evidence storage rooms, or extraction rooms when it can be
demonstrated that these items will improve the effectiveness and credibility
of the laboratory.
(5)
Education and training, including internal and external
training and continuing education, that is directly applicable to the job
position and duties of the individuals receiving the training.
§3.1305.Eligible Applicants.
State agencies,
and
local units of government
that
operate laboratories currently accredited by the Laboratory Accreditation
Board of the American Society of Crime Laboratory Directors Laboratory Accreditation
Board or the National Association of Medical Examiners.
[
§3.1309.Indirect Costs.
CJD will not approve
the use of
grant funds to pay for indirect
costs.
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 August 1, 2003.
TRD-200304670
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.1401, 3.1403, 3.1405, 3.1409, 3.1411
The amendment and addition of these rules is proposed under
the Texas Government Code, Title 7, §772.006(a)(10), which provides the
Office of the Governor, Criminal Justice Division, the authority to adopt
rules and procedures as necessary.
The amended and added rules implement the Texas Government Code, Title
7, §772.006(a), which requires the Office of the Governor, Criminal Justice
Division, to award and administer state and federal grant programs, and to
assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment and
addition of these rules.
§3.1401.Source and Purpose.
(a)
All rules in this division relate to the Rural Domestic
Violence and Child Victimization Enforcement Program. The funding agency for
the source of these federal funds is the U.S. Department of Justice. Grantees
must comply with the applicable grant management standards adopted under §3.19
of this chapter.
(b)
These federal funds are authorized under the Violent Crime
Control and Law Enforcement Act of 1994,
§40295
[
(c)
The primary purpose of the Rural Domestic Violence and
Child Victimization Enforcement Grant Program is to enhance the safety of
abused women and children living in rural areas by creating or enhancing collaborative
partnerships among criminal justice agencies, victim service providers, and
community organizations that respond to violent crimes committed against women
and children and provide services to the victims of such crimes.
§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.
(b)
The Office of Justice Programs places priority on supporting
projects that implement one or more of the following objectives:
(1)
Establish or
enhance advocacy services
[
[(A)
Establish safe shelter for victims of
domestic violence, dating violence, and their children in rural areas where
a shelter does not currently exist, such as a safe house network or a transportation
program to enable victims to access a shelter in an adjacent county or state.]
[(B)
Increase the accessibility of emergency
services to domestic violence and dating violence victims by establishing
or enhancing toll-free crisis lines, implementing cellular phone programs
for victims, or creating satellite offices in more remote, rural areas.]
(2)
Create public awareness campaigns to inform victims
of services, to educate the public and promote cultural change, and to promote
a strong coordinated community response to domestic violence, dating violence,
and child victimization
[
[(A)
Enhance the capacity of victim services
programs to provide individual and system advocacy (i.e., efforts to improve
the criminal justice system or other systems' responses to victims) for victims
in rural, remote areas. Advocacy skills-building, training programs or mentoring
activities should include participation from state or tribal domestic violence
coalitions or local nonprofit, non-governmental organizations serving domestic
violence victims.]
[(B)
Develop and implement advocacy services
to assist domestic violence, dating violence and child abuse victims with
long term needs such as transitional housing, civil legal representation,
welfare advocacy, immigration assistance, educational assistance, and job
placement or training programs designed to restore victim autonomy, self-sufficiency,
and liberty.]
(3)
Address the intersection of domestic violence and
child victimization, including developing partnerships among child protection
agencies, domestic violence victim organizations, and implementation programs
that address the impact of domestic violence on children who are exposed to
it.
[
[(4)
Address the Intersection of Domestic
Violence and Child Victimization.]
[(A)
Develop partnerships among child protection workers and
domestic violence victim advocates to help address the intersection of domestic
violence, dating violence and child abuse, and to ensure the safety of victims
and their children.]
[(B)
Develop programs that address the impact of domestic violence
on children who are exposed to it, such as enhancing the capacity of programs
that serve domestic violence victims to include specialized services for their
children; establishing a multi-disciplinary approach to working with children
who are exposed to domestic violence, which includes victim advocates, clinicians,
law enforcement representatives, educators, and pediatricians; and facilitating
supervised visitation and exchange services in child custody cases that involve
domestic violence in order to prevent further trauma to the children and abused
parents.]
[(5)
Assist Victims of Diverse Rural Communities.
Implement projects sensitive to the social, economic, linguistic, and cultural
considerations that can dramatically affect domestic violence victim's access
to advocacy services and the criminal justice system by providing services
to traditionally underserved populations in rural communities. Projects must
be developed in partnership with representatives of the affected communities
and tailored to respond to the needs of those specific communities.]
[(6)
Develop a Coordinated Community Response.]
[(A)
Create new or enhanced partnerships between nonprofit,
non-governmental domestic violence programs, community groups, faith communities,
housing authorities, welfare agencies, hospitals, child protective services,
schools, and businesses to increase the number of individuals who are well-educated
about domestic violence, dating violence, and child victimization and who
can advocate on behalf of victims and children in rural or remote areas, increasing
the chances of victims receiving necessary support and services.]
[(B)
Develop partnerships between the criminal justice system,
domestic violence advocates, and batterer intervention programs to better
facilitate offender accountability and enhance victim safety.]
[(7)
Improve the Institutional Response.]
[(A)
Evaluate the institutional response to domestic violence
cases by conducting a Safety and Accountability Audit of the criminal justice
system, (i.e., a systematic method of analyzing how safety and accountability
are or are not incorporated into the daily work routines of criminal justice
professionals and the policies of their agencies).]
[(B)
Develop domestic violence, dating violence and child victimization
policies, protocols, and tribal codes reflective of the nature of the rural
community to be served to enhance the investigation and prosecution of incidents
of domestic violence, dating violence, and child victimization. Protocols
should be designed to make use of all available resources within the community
and should be developed and implemented in partnership with domestic violence
victim services programs.]
[(C)
Implement policies, protocols and practices that enhance
the issuance and enforcement of civil protective orders within a single jurisdiction
as well as across county, state and/or tribal jurisdictions. Policies, protocols
and practices should be developed and implemented in partnership with domestic
violence victim services programs.]
§3.1405.Eligible Applicants
Native American tribal governments, rural counties, cities in rural
counties, nonprofit corporations in rural counties, and faith-based organizations
in rural counties are eligible to apply for grants under this fund. For this
fund, rural counties are defined as counties with 52 or less people per square
mile. Faith-based organizations must be [
§3.1409.Indirect Costs.
CJD will not approve
the use of
grant funds to pay for indirect
costs.
§3.1411.Ineligible Activities.
Grantees may not use grant funds to pay for the following activities:
(1)
offering perpetrators the option of entering pre-trial
diversion programs;
(2)
mediation or counseling for couples as a systematic response
to domestic violence;
(3)
batterer intervention programs that do not use the coercive
power of the criminal justice system to hold batterers accountable for their
behavior;
(4)
procedures that would force victims of domestic violence
to testify against their abusers or impose other sanctions on them; and
(5)
procedures that exclude victims of domestic violence and
their children from receiving safe shelter, advocacy services and other assistance
based on their age, immigration status, race, religion, sexual orientation,
mental health condition, criminal record, work in the sex industry, or age
and/or gender of their children.
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 August 1, 2003.
TRD-200304672
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.2001, 3.2007, 3.2009, 3.2013
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.2001.Special Conditions.
When CJD determines that a grantee has failed to submit the necessary
information or has failed to comply with any
applicable
[
§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 [
§3.2009.Cooperative Working Agreement.
(a)
When a grantee intends to carry out a
grant
project
[
(b)
Cooperative working agreements do not involve an exchange
of funds
[
(c)
For multi-jurisdictional task force grants
under the Byrne Formula Grant Program, a cooperative working agreement must
include the signature of each sheriff in a multi-jurisdictional task force's
impact area. Counties must be contiguous and the sheriff may not execute a
cooperative working agreement with more than one task force project.
(d)
Each grantee must submit to CJD a list
of each participating organization that has entered into a cooperative working
agreement with the grantee and a written description of the purpose of each
cooperative working agreement.
§3.2013.Pre-Approval Requirements for Procurement.
(a)
When a procurement is expected to exceed $100,000 or upon
CJD request,
a grantee
[
(b)
When a procurement is expected to exceed $100,000
or upon CJD request, and one of the following conditions exist, a grantee
must submit to CJD all related procurement documentation, such as requests
for proposals, invitations for bids, or independent cost estimates, along
with a CJD-prescribed Procurement Questionnaire:
[
(1)
the procurement is to be awarded without
competition or only one bid or offer is received in response to a solicitation;
(2)
the procurement specifies a "brand name"
product; or
(3)
the proposed contract is to be awarded
to an entity other than the apparent low bidder under a sealed bid procurement.
(c)
The information required in subsections
(a) and (b) of this section must be submitted to CJD before grant funds are
obligated or expended.
(d)
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.
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 August 1, 2003.
TRD-200304673
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.2019
(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 this rule is proposed under the Texas
Government Code, Title 7, §772.006(a)(10), which provides the Office
of the Governor, Criminal Justice Division, the authority to adopt rules and
procedures as necessary.
The repeal of this rule implements the Texas Government Code, Title 7, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the repeal of this
rule.
§3.2019.Interagency Agreements.
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 August 1, 2003.
TRD-200304674
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.2021, §3.2023
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§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 all applicable
matching
funds
[
(3)
a designation of the
name or
title of an authorized
official who is given the power to apply for, accept, reject, alter, or terminate
a grant (if this designation changes during the grant period, a new resolution
must be submitted to CJD by the governing body); and
(4)
a written assurance that, in the event of loss or misuse
of grant funds, the governing body will return all funds to CJD.
§3.2023.Tax Exempt and Nonprofit Information.
All nonprofit corporations applying for grant funds that have not previously
received a CJD grant must submit [
(1)
a CJD-prescribed Financial Capability
Questionnaire; and
(2)
documentation from the Internal Revenue
Service granting the corporation tax exempt status.
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 August 1, 2003.
TRD-200304675
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §§3.2501, 3.2507, 3.2511, 3.2513, 3.2517, 3.2519, 3.2521, 3.2529
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.2501.Grant Officials.
(a)
Each grant must have three different grant officials:
(1)
Project Director. The project director must be 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. For Crime
Stoppers Programs, the project director can be an employee of a law enforcement
agency who will act as the coordinator. For [
(2)
Financial Officer. The financial officer 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. The financial officer is responsible for
establishing and maintaining financial records to accurately account for funds
awarded to the grantee. These records shall include both federal funds and
all matching funds of State, local, and private organizations, when applicable.
The financial officer is also responsible for requesting funds and reporting
grant activity to CJD on expenditure report forms provided to the financial
officer; and
(3)
Authorized Official. The authorized official must be authorized
to apply for, accept,
reject
[
(b)
No person shall serve in more than one capacity as a grant
official.
(c)
The signature of each grant official must be provided to
CJD by the grantee.
(d)
The grantee shall notify CJD in writing of
:
[
(1)
any change in the designated
project director, financial officer, or authorized official and shall include
a sample signature of the new project director, financial officer, or authorized
official; and
(2)
any change in the grantee's
mailing address, email address, fax number, or telephone number.
§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. [
§3.2511.Requests for Funds.
(a)
A
[
(b)
Funds may be advanced for the following approved budget
categories only: personnel, contractual and professional services, travel,
or supplies and other direct operating expenses. Funds may not be advanced
for equipment, construction, or indirect costs, except to grantees funded
under the Local Law Enforcement Block Grants Program
[
(c)
All requests for funds, as
described in subsections (a) and (b) of this section, must be submitted to
CJD on a CJD-prescribed Request for Funds form in accordance with the instructions
provided on that form. Grantees must maintain documentation on file, such
as copies of invoices, purchase orders, or receipts, for all expenses for
which they request reimbursement. The documentation must clearly identify
the obligation date, the applicable line item in the approved budget, and
the amount being charged. If any portion of a request for funds includes equipment,
the grantee must include such documentation with the Request for Funds form.
(d)
A grantee must ensure that
CJD receives its final request 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
90-day liquidation period and the grantee cannot recover them. No request
for funds will be accepted after the end of the 90-day liquidation period.
CJD will not extend the 90-day liquidation period.
§3.2513.Grant Adjustments.
(a)
The authorized official must sign requests for grant
adjustments that alter the amount of a grant award or the scope of a grant
project. The project director, financial officer, or authorized offical
[
(b)
Budget Adjustments. Adjustments consisting of increases
or decreases
in the amount of a grant or the reallocation of
grant
funds among or within
approved
[
(1)
Changes in the indirect costs category require prior
CJD approval through a written grant adjustment notice
[
(2)
During a grant period, grantees may transfer grant
funds among or within the approved budget categories, as defined in §3.3(11)
of this chapter, without prior CJD approval as long as the amount transferred
does not exceed a cumulative total of ten percent of the CJD-funded portion
of a grant project during that grant period; the action does not change the
scope of the project; and the change does not conflict with paragraph (1)
of this subsection and §3.81(a) of this chapter
[
(3)
CJD will not approve more than four budget adjustments
initiated by a grantee each grant year
[
(4)
CJD will not approve [
(5)
All budget adjustments must comply with all relevant
rules in this chapter. The grantee must maintain accurate records that show
all budget adjustments
[
[
(c)
For supplemental grant awards, the grantee must accept
or reject any additional award within 45 calendar days of the date upon which
CJD issues a Grant Adjustment Notice and follow all rules in accordance with §3.11
of this chapter.
(d)
Programmatic Changes. The following rules apply to programmatic
changes:
(1)
Requests to revise the scope, target, or focus of the project,
or alter project activities require advance written approval from CJD.
(2)
A grantee may submit a written request
to extend the
[
§3.2517.Remedies for Noncompliance.
If a grantee fails to comply with any term or condition of a grant
or any applicable
statutes, rules, regulations,
[
(1)
temporarily withhold all grant payments
to the grant
project
pending correction of the deficiency by the grantee;
(2)
temporarily withhold all grant payments to all grant
projects awarded to the grantee pending correction of the deficiency by the
grantee
[
(3)
disallow all or part of the cost of the activity or
action that is not in compliance
[
(4)
impose administrative sanctions, other than fines,
on the grantee
[
(5)
withhold further grants from the program or grantee;
[
(6)
terminate the grant in whole or in part; or
[
(7)
exercise other remedies that
may be legally available.
§3.2519.Grant Termination.
(a)
If a grantee wishes to terminate any approved project,
it must notify CJD in writing immediately.
(b)
CJD may terminate any grant, in whole or in part, when:
(1)
a grantee fails to comply with any term or condition of
the grant or the grantee has failed to comply with any applicable statute
,
[
(2)
the grantee and CJD agree to do so;
(3)
the CJD-funded portion of a grant project is no longer
available;
(4)
conditions exist that make it unlikely that grant or project
objectives will be accomplished; or
(5)
the grantee has acted in bad faith.
(c)
In the event that a grant is terminated by CJD, CJD will
notify the grantee in writing of its decision.
§3.2521.Payment of Outstanding Liabilities.
Grantees must expend all outstanding liabilities no later than 90 calendar
days after the end of the grant period. All payments made after the completion
of the grant period must relate to obligations incurred
during
[
§3.2529.Grant Management.
(a)
CJD has oversight responsibility for the grants it awards.
CJD may review the grantee's management and administration of grant funds
at any time and may also request records in accordance with record retention
requirements found in §3.2505. Grantees must respond to all CJD inquiries
or requests and must make all requested records available to CJD.
(b)
The grantee is the entity legally and financially responsible
for the grant. A grantee may not delegate its legal and financial responsibility
and must ensure that the project operates efficiently, effectively and in
accordance with all
applicable statutes
[
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 August 1, 2003.
TRD-200304676
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
1 TAC §3.2601, §3.2603
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), 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, §772.006(a),
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.2601.Monitoring.
(a)
CJD will monitor the activities of grantees as necessary
to ensure that grant funds are used for authorized purposes in compliance
with
all applicable statutes, rules
[
(b)
The monitoring program may consist of formal audits, monitoring
reviews, and technical assistance. CJD may implement monitoring through on-site
review at the grantee and/or subgrantee location or through a desk review.
In addition, CJD may request grantees to submit relevant information to CJD,
pursuant to §3.2529 of this chapter, to support any monitoring review.
[
(c)
Grantees must make available to CJD or its agents all requested
records relevant to a monitoring review. CJD may make unannounced monitoring
visits at any time. Failure to provide adequate documentation upon request
may result in disallowed costs or other remedies for
noncompliance
[
(d)
After a monitoring review, the grantee will be notified
in writing of any noncompliance identified by CJD in the form of a
preliminary
[
(e)
The grantee shall respond to the
preliminary
[
(f)
The corrective action plan shall include:
(1)
the titles of the persons responsible for implementing
the corrective action plan;
(2)
the corrective action to be taken; and
(3)
the anticipated completion date.
(g)
If the grantee believes corrective action is not required
for a noted deficiency or recommendation, the response shall include an explanation
and specific reasons.
CJD will determine whether the response is adequate
to resolve the deficiency or recommendation.
(h)
CJD's approval of the corrective action plan is required
before the grantee implements the corrective action plan. The grantee's response
and the approved corrective action plan[
(i)
The grantee shall resolve
all
[
§3.2603.Audits Not Performed by CJD.
(a)
Grantees must have audits performed in accordance with
the requirements set forth in OMB Circular A-133 and the
State Single
Audit Circular issued under UGMS
[
(b)
Grantees must submit to CJD copies of the results of any
single audit conducted in accordance with OMB Circular A-133 or in accordance
with the State Single Audit Circular issued under
UGMS
[
(c)
All other audits performed by auditors independent of CJD
must be maintained at the grantee's administrative offices pursuant to §3.2505
of this chapter and be made available upon request by CJD. Grantees must notify
CJD of any audit results that may adversely impact grant funds.
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 August 1, 2003.
TRD-200304677
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 463-1919
Chapter 55.
CHILD SUPPORT ENFORCEMENT
The Office of the Attorney General proposes the repeal of Subchapter
B, Locate Services, §55.31 and proposes new Subchapter B, Locate-Only
Services, §55.31. Texas Family Code §231.103 was amended by the
78th Legislature Regular Session (2003), House Bill 2588, effective September
1, 2003. Texas Family Code §231.103(g) requires the State's Title IV-D
agency to establish new procedures by rule for the payment of authorized costs
and fees.
Section 55.31 explains the availability of the service, and states the
amount of the fee and explains how the fee will be paid.
Cynthia Bryant, Deputy Attorney General for Child Support, has determined
that for the first five years the proposed rule is in effect , there will
be fiscal implications for state or local government. The projected revenue
is illustrated in a graphic attached to this document:
Figure: 1 TAC Chapter 55--Preamble
Ms. Bryant has also determined that for each year of the first five years
the rule is in effect, the public benefit as a result of this new rule will
be a reduction of public expenditures for operation of the Title IV-D program.
Ms. Bryant has also determined that there will be no local employment impact
as a result of the proposed rule and there will be no economic affect on small
business as a result of the proposed rule.
Comments on the proposed rule should be submitted to John Hannemann, Business
Improvement Section, Child Support Division, Office of the Attorney General,
(physical address) 5500 East Oltorf, Austin, Texas, 78741 or (mailing address)
P.O. Box 12017, Mail Code 041, Austin, Texas 78711-2017.
Subchapter B. LOCATE SERVICES
1 TAC §55.31
(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 Attorney General or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of this section is proposed under Texas
Family Code §231.103.
The repeal affects 45 C.F.R. §303.70(d).
§55.31.Application.
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 August 1, 2003.
TRD-200304690
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: September 14, 2003
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at (512) 463-2110
1 TAC §55.31
The new rule is proposed under Texas Family Code §231.103.
The new rule affects 45 C.F.R. §303.70(d).
§55.31.Application and Processing Fee.
(a)
An "authorized person" as defined in 42 U.S.C. Section
653(c) or an attorney or other agent with authority to act on behalf of an
"authorized person" may apply to the Title IV-D agency for locate-only services
and pay the required processing fee.
(b)
An "authorized person" as defined in 42 U.S.C. Section
653(c) or an attorney or other agent with authority to act on behalf of an
"authorized person" who is not a governmental entity shall pay a $10 processing
fee for each request for locate-only services.
(c)
Unless the Title IV-D agency otherwise agrees in writing,
the processing fee shall be paid to the Title IV-D agency prior to processing
the request for locate-only services.
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 August 1, 2003.
TRD-200304691
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: September 14, 2003
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at (512) 463-2110
Subchapter G. AUTHORIZED COSTS AND FEES IN IV-D CASES
1 TAC §55.151
The Office of the Attorney General proposes to amend Subchapter
G, Authorized Costs and Fees in IV-D Cases §55.151. Texas Family Code §231.202
was amended by the 78th Legislature Regular Session (2003), Senate Bill 1165,
effective September 1, 2003. Texas Family Code §231.002(a)(2) authorizes
the State's Title IV-D agency to establish procedures by rule for the payment
of authorized fees.
Section 55.151(a)(4) clarifies the effective date.
Section 55.151(b) adds new language for payment by the Office of the Attorney
General for service of process in Title IV-D cases to a clerk of the court,
the sheriff, or a constable.
Cynthia Bryant, Deputy Attorney General for Child Support, has determined
that for the first five years the amended section is in effect, there will
be no significant fiscal implications for state or local government.
Ms. Bryant has also determined that for each year of the first five years
the amended section is in effect, the public benefit as a result of this amended
section will be improved service of process by assuring adequate compensation.
Ms. Bryant has also determined that there will be no local employment impact
as a result of the amended section and there will be no economic affect on
small business as a result of the amended section.
Comments on these proposed section should be submitted to John Hannemann,
Business Improvement Section, Child Support Division, Office of the Attorney
General, (physical address) 5500 East Oltorf, Austin, Texas, 78741 or (mailing
address) P.O. Box 12017, Mail Code 041, Austin, Texas 78711-2017.
The amendment to §55.151 is proposed under the authority
of Texas Family Code, §231.202.
The amendment affects Chapter 110 of the Texas Family Code and §§51.317,
51.318(b)(2), and 51.319(2), Texas Government Code.
§55.151.Authorized Costs and Fees in IV-D Cases.
(a)
The clerk of the court may charge the Office
of the Attorney General the following costs and fees in IV-D cases:
(1) - (2)
(No change.)
(3)
fees for the issuance and delivery of orders and writs
of income withholding in the amounts provided by Chapter 110 of the Texas
Family Code;
and
(4)
a reasonable fee not to exceed $15 for filing an original
administrative writ of withholding with an effective date on or after September
1, 2001. A fee cannot be charged for duplicate copies of an administrative
writ of withholding.
[
[(5)
a reasonable fee not to exceed $15 for
filing an original administrative writ of withholding with an effective date
after September 1, 2001. A fee cannot be charged for duplicate copies of an
administrative writ of withholding.]
(b)
The clerk of the court, the sheriff, or
a constable may charge the Office of the Attorney General the fee that sheriffs
and constables are authorized to charge for serving process under Section
118.131, Local Government Code for each item of process to each individual
on whom service is required, including service by certified or registered
mail, to be paid to the sheriff, constable, or clerk who charged the fee to
the Office of the Attorney General whenever service of process is required.
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 August 1, 2003.
TRD-200304688
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: September 14, 2003
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at (512) 463-2110
Chapter 173.
INDIGENT DEFENSE GRANTS
Subchapter D. ADMINISTERING GRANTS
1 TAC §173.307
The Task Force on Indigent Defense (Task Force) proposes
an amendment to §173.307 of the Texas Administrative Code to delete the
subsection that requires counties to seek prior approval for any discretionary
grant budget adjustments consisting of reallocations of funds among or within
budget categories in excess of ten percent of the original budget line item
transferred to or from. By eliminating this provision, Task Force grant adjustments
would be governed by the Uniform Grant Management Standards (UGMS) adopted
by reference in §173.7(b)(1). The UGMS provision related to budget adjustments
is contained in Section III, Sub-part C and requires counties to receive prior
approval whenever the transfers among direct cost categories exceed ten percent
of the current total annual approved budget, whenever the awarding agency's
share exceeds $100,000. For grants of $100,000 or less, the Task Force may,
at its option, require prior approval of transfers of funds among direct cost
categories when the amount transferred exceeds five percent of the total annual
budget. The UGMS also require advance approval of any budget adjustment that
would result in the need for additional funding or any transfer of funds allocated
to training allowances. Chapter 173 establishes the guidelines for the administration
of a grant program for counties to improve indigent defense services. The
proposed amendment will reduce administration time for the Task Force and
counties and was a recommendation of the Task Force’s internal auditor.
Ms. Glenna Rhea Bowman, Chief Financial Officer of the Office of Court
Administration, has determined that for each year of the first five years
the proposed amendment is in effect, enforcing or administering the section
does not have foreseeable implications relating to cost or revenues of state
or local government.
Ms. Bowman has determined that there will be no material economic costs
to persons who are required to comply with the proposed amendment, nor does
the proposed amendment have any anticipated adverse effect on small or micro-businesses.
Mr. Jim Bethke, Director of the Task Force, has also determined that for
each of the first five years the proposed amendment is in effect the public
benefit will be an improvement in the quality of indigent defense services
because it will reduce county staff time in maintaining and reporting equipment
purchased with state grant funds and allow for an increased focus on improving
their indigent defense systems.
Comments on the proposed amendment may be submitted in writing to Wesley
Shackelford, Special Counsel, Task Force on Indigent Defense, P.O. Box 12066,
Austin, Texas 78711-2066, or by fax to 512-475-3450 no later than 30 days
from the date that these proposed rules are published in the
Texas Register.
The amendment is proposed under the authority of Texas Government
Code §71.062 (Technical Support; Grants), concerning the grant and aid
program, that provides the Task Force authority to provide grants to assist
counties to improve indigent defense practices in the state and to promote
compliance with state law concerning indigent defense practices. The Task
Force interprets Texas Government Code §71.062 to require the Task Force
to adopt by rule the guidelines for administering the grant program.
No other statutes, articles, or codes are affected by the proposed amendment.
§173.307.Discretionary Grant Adjustments.
(a)
The authorized official must sign all requests for grant
adjustments.
[(b)
Budget Adjustments. Grant adjustments
consisting of reallocations of funds among or within budget categories in
excess of ten percent of the original budget line item transferred to or from
are considered budget adjustments, and are allowable only with prior approval
of the Director of the Task Force.]
(b)
(1)
Requests to revise the scope, target, or focus of the project,
or alter project activities require advance written approval from the Task
Force or its designees, as determined by the Director of the Task Force.
(2)
The grantee will notify the Task Force or its designees
in writing of any change in the designated program director, financial officer,
or authorized official within ten 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 commissioners' court must submit the request.
(3)
A grantee may submit a written request for a grant extension
in extraordinary circumstances. The Task Force must receive requests for grant
extensions at least 30 days prior to the end of the grant period.
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 August 1, 2003.
TRD-200304678
Wesley Shackelford
Special Counsel to the Task Force on Indigent Defense
Texas Judicial Council
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 936-6994
Chapter 251.
REGIONAL PLANS--STANDARDS
40%
] of the CJAC;
executive committee: the governing body of a COG
];
executive director: the executive director of CJD
];
grantee: an agency or organization that receives
a grant award
];
grant funds: CJD-funded, cash match-funded portions, and
in-kind contribution portions of a grant project
];
OJP Financial Guide: the financial guide
issued by the federal Office of Justice Programs, United States Department
of Justice, applicable to the use of federal Department of Justice money in
state grant projects
];
special condition: a condition placed on a grant because
of a need for information, clarification, or submission of an outstanding
requirement of the grant that may result in a hold being placed on the CJD-funded
portion of a grant project
];
UGMS: the Uniform
Grant Management Standards promulgated by the Governor's Office of Budget
and Planning at 1 T.A.C. §5.141 - 5.167
];
standard CJD
budget categories: personnel, contractual and professional services, travel,
equipment, construction, supplies and other direct operating expenses, and
indirect costs
];
applicant: an agency or organization that has submitted a grant
application or grant renewal documentation
];
program income: gross income
earned by the grantee during the funding period as a direct result of the
award. "Direct result" is defined as a specific act or set of activities that
are directly attributable to grant funds and that are directly related to
the goals and objectives of the project. Program income includes, but is not
limited to, forfeitures, cash contributions, donations, restitution, interest
income, fees, and royalties
];
equipment: any tangible, non-expendable personal property
with a useful life of more than one year and an acquisition cost of $1,000,
or more per unit, and any other item, regardless of cost, that the grantee
chooses to capitalize in its own accounting records; and
]
(15)
matching funds: the grantee's
share of the project costs. Matching funds may either be cash or in-kind.
Cash match includes actual cash spent by the grantee and must have a cost
relationship to the award that is being matched. In-kind match includes the
value of donated services. In-kind match is allowed only in the following
funding sources: Title V Delinquency Prevention Fund, Victims of Crime Act
Fund, and Violence Against Women Act Fund.]
COG's executive committee and
] CJAC must review and prioritize the
applications
, and the COG's governing body must approve the priority
listing
. The COG then must submit the priority listing and the applications
to CJD within the time periods established by CJD. CJD will render final funding
decisions on these applications based upon the COG priorities, eligibility,
reasonableness, availability of funding, and cost-effectiveness.
to the COGs
] through a formula
based upon population figures and crime rates. No formula-based funding allocation
exists for applications submitted to COGs that seek grants from other funding
sources.
guidance
] related to the [
pertinent
] federal funding source
under which the grant is funded
[
of their grants. CJD administers
grants from federal funding sources in compliance with these statutes, rules,
and guidance
]. This chapter provides directly by specific rule or adopts
by reference all applicable federal statutes, rules,
regulations,
and
guidelines
[
guidance
].
school districts
and regional education service centers
].
§
]§66,
§
70. These requirements apply to all grants funded by CJD from
federal funds.
a progress report or financial report
] via
electronic means
[
the Internet
] meets the relevant requirements contained within this
chapter for submitting reports in writing.
Subchapter B. GENERAL GRANT PROGRAM POLICIES
meet
] at least
one of the following
needs
[
requirements
] to be eligible
for funding:
Needs
]. Examples include, but are not
limited to, programs that:
Programs
].
Examples include, but are not limited to, programs that:
Safe Environment
].
Examples include, but are not limited to, programs that:
Counteract gangs through identification,
surveillance, arrest, and prosecution of gang members involved in criminal
activities
].
Involve the local community in comprehensive efforts to deal with juvenile
crime
].
Schools/Education
]. Examples
include, but are not limited to, programs that:
Train educational and law enforcement personnel in juvenile justice laws and
procedures
].
Encourage appropriate student discipline and accountability
to create and maintain a safe and productive learning environment
].
(C)
Teach good citizenship, literacy,
and vocational skills.]
(D)
Identify and intervene with
students at-risk for delinquent behavior as early as possible.]
Juvenile Justice Policies,
Procedures and Facilities
]. Examples include, but are not limited to,
programs that:
Support mandatory progressive sanctions for misconduct and delinquent behavior
].
Develop and maintain computer-based
information systems that will match children and families with appropriate
service providers based on risk and needs profiles
].
(C)
Provide appropriate dispositions
to mentally ill youth and youth with mental retardation accused of committing
crimes.]
(D)
Target female and special
needs offenders.]
(d)
Facilities holding accused
or adjudicated juvenile delinquent or status offenders that are not in compliance
with the Juvenile Justice and Delinquency Prevention Act of 1974, Public Law
93-415, 42 U.S.C. 5601 et seq., as amended, will be notified in writing by
CJD.]
Criminal Justice Projects ]
(a)
CJD may award grants to support
a wide range of projects designed to reduce crime and improve the criminal
and juvenile justice systems.]
(b)
CJD will limit funding for
community-based alternative projects to grantees that document problems and
needs not already addressed by other state agencies.]
(c)
Projects may not use grant
funds to serve adult offenders charged with, given deferred adjudication for,
or convicted of violent or other serious crimes including murder, arson, robbery,
sexual assault, aggravated sexual assault, burglary, felony drug crimes, crimes
against children, kidnapping, aggravated kidnapping, and manslaughter, unless
the executive director grants an exception. Grants under the Edward Byrne
Memorial Fund, the Local Law Enforcement Block Grant Program, and the Residential
Substance Abuse Treatment Grant Program are exempt from this rule. The executive
director may only approve exceptions to this ruleprohibition in the following
instances:]
(1)
projects that serve offenders between 17 and
25 years old;]
(2)
projects that fund batterers' intervention
programs;]
(3)
projects that support drug treatment and prevention
programs; or]
(4)
innovative projects in prisons, jails, and
community supervision and corrections departments.]
(d)
]
CJD will not fund projects that provide legal
services for adult offenders.
2.
GRANT BUDGET REQUIREMENTS
grantee,
] applicant [
,
] or assigning agency. [
For nonprofit agencies,
]
In
[
in
] cases where such work is not found within the
applicant or assigning
agency, CJD will consider reasonableness based
on that paid for similar work in the labor market in which the applicant
or assigning agency
competes for the kind of employees involved.
For law enforcement and prosecution grants, the grantee
] must maintain
on file personnel activity reports
[
time sheets
] that
reflect a distribution of
[
indicate an employee's
] actual
time worked and
activity performed, that are prepared at least monthly,
and that are signed by the employee and a supervisory official having first
hand knowledge of the work performed by the employee. Law enforcement and
prosecution grant personnel whose primary function is investigating or enforcing
laws or prosecuting alleged offenders are required to include
the project's
case or cause number (or other indicators of assignment)
in the personnel
activity report
. [
This requirement applies to personnel whose
primary function is investigating or enforcing laws or prosecuting alleged
offenders.
]
full time
] on a
CJD
grant project. Grants under
the Extraordinary Costs of Investigating and Prosecuting Capital Murder and
Hate Crimes
Program
[
program
]
, the Drug Court Program,
and the Local Law Enforcement Block Grant Program,
are exempt from this
rule.
If approved by CJD (and in
]
accordance with a grantee's or subgrantee's policy [
)
], grantees
may use grant funds to
compensate
[
pay
] staff members
leaving employment for accrued leave [
,
]
(
which includes
,
but is not limited to, annual leave, compensatory time, and sick leave
)
. These payments may only fund leave earned [
and taken
]
during the current grant period. The proportion of grant funds paid for leave
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.
]
Edward
] Byrne
Formula Grant Program
[
Memorial Fund
] projects, CJD may approve requests to pay
overtime in accordance with agency policy only for law enforcement officers
assigned to a multi-jurisdictional task force and only from program income
that is not used toward the minimum cash-match requirement.
provide
] training may not use grant funds to pay for transportation,
lodging, per diem, or any related costs for participants. Crime Stoppers training
projects and Violence Against Women Act Fund projects are exempt from this
rule.
a
] list of all proposed equipment purchases to
CJD for approval. Grantees must 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 through the original
grant award or a subsequent grant adjustment notice. [
CJD may refuse
any request for equipment.
] Decisions regarding equipment purchases
are made based on whether or not the grantee has demonstrated that the requested
equipment is necessary, essential to the successful operation of the grant
project, and reasonable in cost.
standard
CJD
] budget categories, as defined in §3.3(11) of this chapter,
and that have an acquisition cost of less than $1,000 per unit. Grantees must
allocate costs on a prorated basis for shared usage.
Grantees may not use grant funds to promote a project through paid advertisements
or for promotional gifts.
]
CJD will not
approve grant funds to purchase admission fees or tickets to any amusement
park, recreational activity, or sporting event
].
Unless otherwise allowed by this chapter, grantees
cannot use grant funds to pay for food, meals, beverages, or other refreshments
unless the expense is for a working event where full participation by participants
mandates the provision of food and beverages and that event is not related
to amusement and/or social activities in any way
].
(e)
Grant funds shall not be used
to pay membership dues for individuals.]
Grantees must use program income to supplement project
costs or to offset project costs.
] Program income may only be used for
allowable project costs
as reflected in an approved budget
. Otherwise,
grantees must refund program income to CJD. [
The use of program income
must be reflected in the budget.
]
Subchapter C. FUND-SPECIFIC GRANT POLICIES
or §3.55
] of this chapter.
tax-exempt
nonprofit entities
] certified by the Internal Revenue Service
as
tax-exempt nonprofit entities
. Grantees may not use grant funds or program
income for proselytizing or sectarian worship.
2.
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND
§§221-223
], Public Law 93-415, [
as amended, Public Laws 95-115, 96-509,
98-473, 100-690, and 102-586,
] codified as amended at 42 U.S.C.
5601 et seq
[
5631-5633
]. All grants awarded from this fund
must comply with the requirements contained therein.
tax-exempt nonprofit entities
]
certified by the Internal Revenue Service
as tax-exempt nonprofit entities
. Grantees may not use grant funds or program income for proselytizing
or sectarian worship.
3.
TITLE V DELINQUENCY PREVENTION ACT FUND
5785
]. All grants awarded from this fund must comply
with the requirements contained therein.
(d)
The objectives of this program
are as follows:]
(1)
to form coalitions within communities that
mobilize and direct delinquency prevention efforts;]
(2)
to identify known delinquency risk factors
present in affected communities;]
(3)
to identify protective measures that counter
identified risks and to develop local comprehensive delinquency prevention
plans that strengthen these protective measures;]
(4)
to develop local, comprehensive delinquency
prevention strategies that coordinate federal, state, local, and private resources
to establish a client-centered continuum of services for at-risk children
and their families; and]
(5)
to implement delinquency prevention strategies,
monitor their progress, and modify the strategies as needed.]
meet the requirements of §3.53
or §3.55 of this chapter.
]
4.
SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND
§§4011-4118
], as amended, Public Law
107-110
[
103-382, 20 U.S.C. 7111-7118
]. All grants awarded from
this fund must comply with the requirements contained therein.
address common goals. The goals include promoting
] safe and drug-free
learning environment
[
neighborhoods, fostering individual responsibility,
promoting respect for the rights of others,
] and
to support academic
achievement
[
improving school attendance, discipline, and learning
].
Projects must meet the requirements of §3.53 of this chapter.
]
Projects must target neighborhoods
with high rates of violence, drug abuse, gang-related activities, weapons
violations, truancy, and school dropouts.
]
Projects must not duplicate the efforts of the
Texas Education Agency's Safe and Drug Free Schools Act program or those of
local education agencies
].
Projects must serve populations
that need special services such as school drop-outs, suspended and expelled
students, youth in detention centers, runaways, homeless shelter youth, and
pregnant and parenting youth.
]
be based on an assessment of objective data regarding the incidence
of violence and illegal drug use in the elementary schools and secondary schools
and communities to be served, including an objective analysis of the current
conditions and consequences regarding violence and illegal drug use, including
delinquency and serious discipline problems, among students who attend such
schools (including private school students who participate in the drug and
violence prevention program) that is based on on-going local assessment or
evaluation activities.
]
be based on an established set of performance
measures aimed at ensuring that the elementary schools, secondary schools,
and communities to be served by the program have a safe, orderly, and drug-free
learning environment
].
be based on scientifically-based research that
provides evidence that the program to be used will reduce violence and illegal
drug use
].
be based on an analysis
of the data reasonably available at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of child abuse and domestic
violence; protective factors, buffers, assets; or other variables in schools
and communities in the State identified through scientifically-based research
].
(i)
Projects must include meaningful
and ongoing consultation with and input from parents in the development of
the application and administration of the program or activity.]
(j)
Projects must undergo a periodic
evaluation to assess its progress toward reducing violence and illegal drug
use in schools to be served based on performance measures described in the
No Child Left Behind Act of 2001, Public Law 107-110, §4114(d)(2)(B).
The results shall be used to refine, improve, and strengthen the program,
and to refine the performance measures, and shall also be made available to
the public upon request, with public notice of such availability provided.]
tax exempt nonprofit entities as
] certified by the Internal
Revenue Service
as tax exempt nonprofit entities
. These grantees
may not use grant funds or program income for proselytizing or sectarian worship.
5.
VICTIMS OF CRIME ACT FUND
Public Law 98-473, Chapter XIV,
] 42 U.S.C. 10601[
,
] et seq.[
, §1402, §1404;
Children's Justice and Assistance Act of 1986, as amended, Public Law 99-401, §102(5)(b)(a)(ii);
Anti-Drug Abuse Act of 1988, Title VII, Subtitle D, Public Law 100-690; Crime
Control Act of 1990, Public Law 101-647; Federal Courts Administration Act
of 1992, Public Law 102-572; Departments of Commerce, Justice, State, the
Judiciary, and Related Agencies Appropriations Act of 1994; Violent Crime
Control and Law Enforcement Act of 1994, Subtitle C, Public Law 104-132; Anti-Terrorism
and Effective Death Penalty Act of 1996.
] All grants awarded from this
fund must comply with the requirements contained therein.
exams
] are allowable costs only for sexual assault victims and only
to the extent that other funding sources are unavailable or insufficient to
pay for the
examinations
[
exam
]. The
examinations
[
exams
] must conform to state evidentiary collection requirements.
This includes
] prorated costs of rent, telephone
service, transportation costs for victims to receive services, emergency transportation
costs that enable a victim to participate in the criminal justice system,
and local travel expenses for service providers.
Restorative
Justice. Projects should provide opportunities for crime victims to meet with
perpetrators, if such meetings are requested (and are voluntarily agreed to
by the victim)
].
these
] direct services to crime victims without additional support
for the expenses, that the grantee has no other source of pecuniary support
for them, and that the grantee will limit the use of grant funds in paying
for them. These services
, activities, and costs
include:
materials
].
This includes the cost of travel, meals, lodging and
registration fees for staff that provide direct services to victims of crime.
Training programs
and related travel
].
Equipment and furniture
].
Purchase
or lease of vehicles. Grantees must obtain CJD approval in writing before
purchasing vehicles
].
Advanced technologies.
This covers information technology costs associated with purchasing systems,
software, or equipment that expand a grantee's ability to reach and serve
crime victims.
]
Contracts for specialized
professional services. Grantees may not use a majority of grant funds for
contracted services that provide administrative, overhead, and other indirect
costs. Examples of these services include the following:
]
(i)
assistance in filing restraining
orders or establishing emergency custody or visitation rights;]
(ii)
emergency psychological or
psychiatric services; or]
(iii)
interpretation for the deaf
or for crime victims whose primary language is not English.]
Operating costs
].
Supervision of direct service providers
].
(J)
Repair or replacement of essential
items.]
and
] faith-based organizations that provide direct services
to victims of crime
, and hospitals and emergency medical facilities that
offer crisis counseling, support groups, and/or other types of victim services
are eligible to apply for grants under this fund. [
In addition,
upon CJD approval, COGs may receive grants to function as a conduit agency
to aid in the selection and management of qualified subgrantees.
] Faith-based
organizations must be [
tax-exempt nonprofit entities
] certified
by the Internal Revenue Service
as tax-exempt nonprofit entities
.
Grantees may not use grant funds or program income for proselytizing or sectarian
worship.
6.
CRIME STOPPERS ASSISTANCE FUND
,
]
(
as defined by §414.001,
Texas Government Code[
,
]
) that are certified by the Crime
Stoppers Advisory Council to receive repayments under Articles 37.073 and
42.152, Code of Criminal Procedure, or payments from a defendant under Article
42.12, Code of Criminal Procedure,
are eligible to apply for grants
under this fund for local and statewide projects.
any
] grant funds to pay
for indirect costs. The executive director may, in his or her discretion,
waive this rule for statewide projects.
Expense Reimbursement ].
CJD will provide the CJD-funded
portion of a grant project to grantees once each quarter on a cost-reimbursement
basis only. Grantees must attach a completed grantee request for funds form
to their quarterly financial expenditure report. Grantees must obtain receipts
for all expenses for which they are requesting reimbursement and must retain
the receipts.
]
7.
BYRNE FORMULA GRANT PROGRAM
Edward
]
Byrne
Formula Grant Program
[
Memorial Fund
]. The funding
agency for the source of these federal funds is the U.S. Department of Justice.
Grantees must comply with the grant management standards adopted under §3.19
of this chapter.
antiterrorism
] training projects and to procure equipment
for use by local law enforcement authorities;
or
]
.
]
Edward
] Byrne
Formula Grant Program
[
Memorial
Fund program
] must include agreements executed by the appropriate district
attorneys in accordance with the following rules:
Edward
] Byrne
Formula Grant Program
[
Memorial
Fund program
] must include executed agreements for each county listed
in the task force impact area. Counties must be contiguous and the participating
district attorney may not execute an agreement with more than one task force
project. A waiver may be granted by CJD in cases where a city's jurisdictional
limits extend beyond a single county. The waiver will cover only that portion
of the city that extends into the neighboring county.
All grantees
] under the [
Edward
] Byrne
Formula Grant Program
[
Memorial Fund
program
] must
include
[
maintain on file
] a certification
of drug testing. This document certifies that 25 percent of all personnel
assigned to the project are randomly tested quarterly for illegal narcotics
according to grantee policies. Grantees must have a drug testing policy prior
to receiving grant funds
and must maintain documentation on file evidencing
that drug testing was conducted
.
Edward
] Byrne
Formula Grant Program
[
Memorial Fund program
], multi-jurisdictional task force advisory boards
serve only in an advisory capacity to the task force and the grantee entity.
All task force personnel remain the employees of their parent agencies.
Task
[
Under no circumstances should task
] force personnel
are not
[
be
] considered employees of the advisory board,
the task force, or the Governor's Office (including CJD).
9.
VIOLENCE AGAINST WOMEN ACT FUND
tax-exempt nonprofit entities
] certified by the Internal Revenue Service
as tax-exempt nonprofit
entities
. Grantees may not use grant funds or program income for proselytizing
or sectarian worship.
10.
CHALLENGE GRANT PROGRAM
(c)
The purpose of these funds
is to develop programs that address the need to increase aftercare services
for juveniles involved in the justice system; develop and adopt policies to
prohibit gender bias in placement and treatment; and establish programs to
ensure that female youth have full access to social services.]
(a)
]
Eligible projects must develop and adopt [
model
] policies and programs that:
by establishing programs
and developing and adopting policies to provide comprehensive health, mental
health, education, and vocational services and services that preserve and
strengthen the families of such juveniles
]; [
or
]
the full range of health and mental health
] services
; or
[
, treatment for physical or sexual assault
and abuse, self-defense, instruction, education in parenting, education in
general, and other training and vocational services.
]
(b)
Applicants may select to address
at least one activity or combine both activities while giving emphasis on
the activity described in subsection (a)(1).]
(c)
Projects must use an interdisciplinary
approach to review research on the need for aftercare for juvenile offenders
and gender-specific programming.]
11.
RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANT PROGRAM
12.
JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM
Incentive
] Block Grant Program. The funding agency for the source
of these federal funds is the U.S. Department of Justice. Grantees must comply
with the applicable grant management standards adopted under §3.19 of
this chapter.
appropriations
] Act, Public Law
105-277 (1998), referencing H.R. 3 (May 3, 1997).
tax-exempt nonprofit entities as
]
certified by the Internal Revenue Service
as tax-exempt nonprofit entities
. Grantees may not use grant funds or program income for proselytizing
or sectarian worship.
Incentive
] Block Grant
program, CJD will allow up to
five
[
ten
] percent of
the
CJD-approved direct costs in the CJD-funded portion of a grant project
[
award amount
] to be used for indirect costs.
12.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM
13.
COVERDELL FORENSIC SCIENCES PROGRAM
Enforcement of Underage Drinking Laws
grant program
]. The funding agency for the source of these federal funds
is the U.S. Department of Justice. Grantees must comply with the applicable
grant management standards adopted under §3.19 of this chapter.
The source of these
] federal
funds
are authorized under the Paul Coverdell National Forensic Sciences
Improvement Act,
[
is
] Public Law
106-561
[
105-119, that established a grant program to enforce underage drinking laws
].
The purpose of the
] funds
to improve the quality, timeliness, and credibility of
forensic science services for criminal justice purposes
[
is to
support and enhance state efforts, in cooperation with local jurisdictions,
to enforce laws prohibiting the sale of alcoholic beverages to minors or the
consumption of alcoholic beverages by minors. For purposes of this program,
minors are defined as individuals under 21 years of age
].
Eligible
] projects
funded through this program
must
be accredited by the Laboratory
Accreditation Board of the American Society of Crime Laboratory Directors
or the National Association of Medical Examiners. In addition, projects must:
[
include a comprehensive approach to addressing the underage drinking
problem that includes prevention, public education, and strict enforcement
of liquor laws.
]
, crime
control and prevention districts, nonprofit corporations, and faith-based
organizations are eligible to apply for grants under this fund. Faith-based
organizations must be tax-exempt nonprofit entities as certified by the Internal
Revenue Service. Grantees may not use grant funds or program income for proselytizing
or sectarian worship.
]
14.
RURAL DOMESTIC VIOLENCE AND CHILD VICTIMIZATION ENFORCEMENT PROGRAM
§40265
], 42 U.S.C.
13971
[
13671
], Omnibus Crime Control
and Safe Streets Act of 1968, as amended
, and reauthorized under Division
B of the Victims of Trafficking and Violence Protection Act of 2000, §1105
.
Enhance Safe Shelter and Emergency Services
] for
rural victims,
including transitional housing, welfare assistance, immigration assistance,
job training, and placement programs
[
Rural Victims
].
Establish or Enhance Advocacy Services
for Rural Victims
].
Create Public Awareness. Create public awareness campaigns
directed toward rural communities using public information vehicles (e.g.,
radio programming, church bulletins, public service announcements) available
within the community to inform victims of services, to educate the public
and promote cultural change, and to promote a strong coordinated community
response to domestic violence, dating violence, and child victimization.
]
tax-exempt nonprofit entities
as
] certified by the Internal Revenue Service
as tax-exempt nonprofit
entities
. Grantees may not use grant funds or program income for proselytizing
or sectarian worship.
Subchapter D. CONDITIONS OF GRANT FUNDING
CJD rule or other relevant
] statute,
rule,
regulation,
guideline,
or requirement, CJD may place a special condition on the
grant. The special condition allows CJD to place a grantee's funds on hold
until the grantee has satisfied the requirements of the special condition.
Edward
] Byrne
Formula
Grant Program
[
Memorial Fund
] 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.
largely
] through cooperating
or participating
with
one or more
outside organizations, the grantee must obtain authorized
approval signatures on the cooperative working agreement from each [
outside
] participating organization. Grantees must maintain on file
a signed copy of all
cooperative working agreements
[
such
agreement(s)
].
For multi-jurisdictional task force grants, a cooperative
working agreement must include each sheriff in a multi-jurisdictional task
force's impact area. Counties must be contiguous and the sheriff may not execute
a cooperative working agreement with more than one task force project
].
grantees
] must submit to CJD
a CJD-prescribed Procurement Questionnaire [
and all related procurement
documentation, such as requests for proposals or invitations for bids, and
independent cost estimates. This information must be submitted to CJD before
grant funds are obligated or expended
].
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.
]
cash match
];
a Nonprofit Information Form and a
Financial Capability Questionnaire
] with their application
:
[
.
]
Subchapter E. ADMINISTERING GRANTS
Edward
] Byrne
Formula Grant Program
[
Memorial Fund
] projects, the project
director shall not be the task force commander;
decline
], alter, or terminate
the grant for the applicant agency. The executive director of a state agency,
county judge, mayor, city manager, chairman of a nonprofit board, director
of a community supervision and corrections department, or other individual
authorized by the governing body may serve as the authorized official. The
authorized official must be designated by the governing body in its resolution
pursuant to §3.2021.
any change in the designated project director, financial officer, or authorized
official and shall include a sample signature of the new official.
]
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. §3.2511, Request for Funds, sets forth rules for requesting
payments. The grantee must report program income in the expenditure report
including program income earned by the grantee, a vendor or contractor.
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
] no more
than once a month.
A grantee may request funds on a cost reimbursement
basis, or request advance funds covering no more than the anticipated expenses
for the following month.
[
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. A request for funds for the reimbursement of equipment costs
and/or contractual services must include copies of the invoices.
]
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 deadline
].
One of the three designated grant officials
] must sign requests for
grant adjustments
that do not alter the amount of a grant award or the
scope of a grant project
.
standard CJD
]
budget categories, as defined in §3.3(11) of this chapter, are considered
budget adjustments, and, except as provided by paragraph
(2)
[
(3)
] of this subsection, are allowable only with prior CJD approval.
The following rules apply to budget adjustments:
Not more
than 25% of a budgeted salary may be reallocated during the grant period unless
the executive director grants an exception
].
Changes in
the indirect costs category require prior CJD approval through a written grant
adjustment notice
].
During a grant period,
grantees may transfer funds among or within the standard CJD budget categories,
as defined in §3.3(11) of this chapter, without prior CJD approval as
long as the amount transferred does not exceed a cumulative total of ten percent
of the CJD-funded portion of a grant project during that grant period; the
action does not change the scope of the project; and the change does not conflict
with paragraphs (1) and (2) of this subsection and §3.81(a) of this chapter
].
more than four
] budget
adjustments
requests submitted within 30 calendar days of the end of
the grant period unless the executive director grants an exception
[
each grant year
].
CJD will not approve budget adjustment
requests submitted within 30 calendar days of the end of the grant period
unless the executive director grants an exception
].
(6)
All budget adjustments must
comply with all relevant rules in this chapter. The grantee must maintain
accurate records that show all budget adjustments.]
for a
] grant
period
[
extension
].
The request must be submitted
to CJD and received or postmarked no later
than
[
prior to
] the
last day
[
end
]
of the
grant
[
90-day liquidation
] period [
and approved
by the executive director. A grant extension extends the grant period or liquidation
period.
]
rule
]
or
guidelines
[
statute
], CJD may take one or more of
the following actions:
disallow all or part of the cost of the activity or action
that is not in compliance
];
impose administrative sanctions,
other than fines, on the grantee
];
withhold further grants from the program or grantee
];
terminate the grant in whole or in part; or
]
exercise other remedies that may be legally available.
]
or
] rule
, regulation, or guideline
;
before the end of
] the grant period.
laws
], rules,
regulations, and guidelines that govern CJD grants.
Subchapter F. PROGRAM MONITORING AND AUDITS
laws
], regulations,
guidelines,
and the provisions of grant agreements, and that grantees
achieve grant purposes.
The monitoring program may include work performed by CJD staff, CJD
contractors, or other external reviewers.
]
non-compliance
] as detailed under §3.2517.
draft
] report.
draft
] report and the deficiencies or recommendations, [
if any,
] and submit a corrective action plan[
, if necessary,
] to
CJD within a time frame specified by CJD.
, if any,
] shall become
part of the final report.
any
]
required actions identified in the final report within the time frame specified
by CJD
.
Uniform Grant Management Standards
].
the
Uniform Grant Management Standards
]. Grantees must ensure that single
audit results, including the grantee's response and corrective action plan,
if applicable, are submitted to CJD within 30 calendar days after the grantee
receives the audit results or nine months after the end of the audit period,
whichever is earlier.
Part 3.
OFFICE OF THE ATTORNEY GENERAL
Subchapter B. LOCATE-ONLY SERVICES
Chapter 55.
CHILD SUPPORT ENFORCEMENT
a fee of $45 for each item of process to
each individual on whom service is required , including service by certified
or registered mail, to be paid to a sheriff, constable, or clerk whenever
service of process is required; and
]
Part 8.
TEXAS JUDICIAL COUNCIL
[(c)]
Non-Budget Grant Adjustments.
The following rules apply to non-budget grant adjustments:
Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS