TITLE 1.ADMINISTRATION

Part 3. OFFICE OF THE ATTORNEY GENERAL

Chapter 60. TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS

The Office of the Attorney General (OAG) adopts amendments to §§60.1 - 60.3, 60.5, 60.6, and 60.9 - 60.13 (Subchapter A, General Provisions and Eligibility), §§60.101 - 60.103 (Subchapter B, Application Review and Award Process), §§60.201, 60.202, 60.204, 60.205, and 60.208 (Subchapter C, Grant Budget Requirements), §60.301 (Subchapter D, Required Attachments), and §§60.405, 60.408, and 60.409 (Subchapter E, Administering Grants), and adopts new §60.209 (Subchapter C, Grant Budget Requirements), relating to rules governing the Texas Crime Victim Services Grant Programs. The amendments and new rule are adopted without changes to the proposed text as published in the June 10, 2005, issue of the Texas Register (30 TexReg 3373) and will not be republished.

According to Article I, Section 31 of the Texas Constitution, the Texas Compensation to Victims of Crime Fund may be expended as provided by law only for delivering or funding victim-related compensation, services, or assistance. Article 56.541(e) of the Texas Code of Criminal Procedure provides that the OAG may use funds from the Texas Compensation to Victims of Crime Fund for grants or contracts supporting crime victim-related services or assistance. Subsection (f) of the Article requires the OAG to adopt rules necessary to carrying out the Article's provisions.

The adopted amendments and new rule accurately implement, interpret, and prescribe the law and minimum standards of practices, procedures, and policies of the OAG relating to the administration of the Texas Compensation to Victims of Crime Fund as required by the Administrative Procedures Act, Texas Government Code, Chapter 2001.

Section §60.1 corrects a punctuation error in paragraph (6). Section 60.2 allows for the rules to be suspended at the discretion of the OAG. Section 60.3 changes the "CVC fund" to the "Texas Compensation to Victims of Crime Fund." Section 60.5 enumerates the purposes of the OVAG and VCLG funds. Section 60.6 lists eligible purpose areas of OVAG funds. Section 60.9 enumerates eligible budget categories for both the OVAG and VCLG programs. Section 60.10 provides funding levels and requirements for local and statewide programs under both the OVAG and VCLG programs. Section 60.11 sets out the applicable grant term. Section 60.12 makes clear that continued funding is subject to a renewal by the OAG. Section 60.13 describes the OAG's authority to fund grant projects outside the standard application cycle.

Section 60.101 states that the OAG shall determine the process for making funding decisions. Section 60.102 describes how an applicant will be notified of an award and requires an applicant to accept or reject the award within a certain time period. Section 60.103 states that all funding decisions made by the OAG are final.

Section 60.201 lists the requirements for the personnel budget category. Section 60.202 describes the fringe benefits allowed under the grant. Section 60.204 adds that grant funds may not be used for out-of-state travel. Section 60.205 has been modified to reflect the current provisions of the Uniform Grant Management Standards, published by the Governor's Office of Budget and Planning. Section 60.208 defines indirect costs.

Section 60.301 requires that a resolution be included with the application.

Section 60.405 places specific requirements on a grantee making a grant adjustment. Section 60.408 outlines the process for maintenance of records. Section 60.409 provides for a written request within 10 days of receipt of a notice of sanction.

Section §60.209 outlines unallowable costs.

No comments were received regarding the amendments and the new rule.

Subchapter A. GENERAL PROVISIONS AND ELIGIBILITY

1 TAC §§60.1 - 60.3, 60.5, 60.6, 60.9 - 60.13

The amendments are adopted under the Texas Code of Criminal Procedure, Title 1, Article 56.541(f), which authorizes the OAG to adopt rules reasonable and necessary to implement Article 56.541, and in order to use money from the Texas Compensation to Victims of Crime Fund for grants or contracts that support crime victim-related services or assistance.

The amendments affect Texas Code of Criminal Procedure, Article 56.541.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502791

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Effective date: July 31, 2005

Proposal publication date: June 10, 2005

For further information, please call: (512) 463-2110


Subchapter B. APPLICATION, REVIEW AND AWARD PROCESS

1 TAC §§60.101 - 60.103

The amendments are adopted under the Texas Code of Criminal Procedure, Title 1, Article 56.541(f), which authorizes the OAG to adopt rules reasonable and necessary to implement Article 56.541, and in order to use money from the Texas Compensation to Victims of Crime Fund for grants or contracts that support crime victim-related services or assistance.

The amendments affect Texas Code of Criminal Procedure, Article 56.541.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502792

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Effective date: July 31, 2005

Proposal publication date: June 10, 2005

For further information, please call: (512) 463-2110


Subchapter C. GRANT BUDGET REQUIREMENTS

1 TAC §§60.201, 60.202, 60.204, 60.205, 60.208

The amendments are adopted under the Texas Code of Criminal Procedure, Title 1, Article 56.541(f), which authorizes the OAG to adopt rules reasonable and necessary to implement Article 56.541, and in order to use money from the Texas Compensation to Victims of Crime Fund for grants or contracts that support crime victim-related services or assistance.

The amendments affect Texas Code of Criminal Procedure, Article 56.541.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502793

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Effective date: July 31, 2005

Proposal publication date: June 10, 2005

For further information, please call: (512) 463-2110


1 TAC §60.209

The new rule is adopted under the Texas Code of Criminal Procedure, Title 1, Article 56.541(f), which authorizes the OAG to adopt rules reasonable and necessary to implement Article 56.541, and in order to use money from the Texas Compensation to Victims of Crime Fund for grants or contracts that support crime victim-related services or assistance.

The new rule affects Texas Code of Criminal Procedure, Article 56.541.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502796

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Effective date: July 31, 2005

Proposal publication date: June 10, 2005

For further information, please call: (512) 463-2110


Subchapter D. REQUIRED ATTACHMENTS

1 TAC §60.301

The amendments are adopted under the Texas Code of Criminal Procedure, Title 1, Article 56.541(f), which authorizes the OAG to adopt rules reasonable and necessary to implement Article 56.541, and in order to use money from the Texas Compensation to Victims of Crime Fund for grants or contracts that support crime victim-related services or assistance.

The amendments affect Texas Code of Criminal Procedure, Article 56.541.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502794

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Effective date: July 31, 2005

Proposal publication date: June 10, 2005

For further information, please call: (512) 463-2110


Subchapter E. ADMINISTERING GRANTS

1 TAC §§60.405, 60.408, 60.409

The amendments are adopted under the Texas Code of Criminal Procedure, Title 1, Article 56.541(f), which authorizes the OAG to adopt rules reasonable and necessary to implement Article 56.541, and in order to use money from the Texas Compensation to Victims of Crime Fund for grants or contracts that support crime victim-related services or assistance.

The amendments affect Texas Code of Criminal Procedure, Article 56.541.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502795

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Effective date: July 31, 2005

Proposal publication date: June 10, 2005

For further information, please call: (512) 463-2110