Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 60.
TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS
The Office of the Attorney General (OAG) proposes amendments to Subchapter
A (General Provisions and Eligibility) §§60.1, 60.3, 60.5 - 60.7,
60.9 - 60.13 and new §§60.14 - 60.17; amendments to Subchapter B
(Application, Review and Award Process) §§60.100 - 60.103; Subchapter
C (Grant Budget Requirements) §§60.200 - 60.209; and Subchapter
D (Required Attachments) §60.300 and §60.301, relating to rules
governing certain Texas Crime Victims Services Grant Programs concerning the
OVAG and VCLG OAG grant programs. The proposed amendments and new rules will
better serve victims of crime by improving the administration of the Texas
Crime Victim Services OVAG and VCLG Grant Programs.
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 authorizes the OAG to adopt rules necessary
to carrying out the Article's provisions.
The proposed amendments and new rules 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.
Subchapter A (General Provisions and Eligibility, §§60.1, 60.3,
60.5 - 60.7, 60.9 - 60.13)
The proposed amendment to §60.1 adds new definition of "Application
Kit," "Applicant," "Claimant," "COG," "Competitive allocation," "CVSD," "Eligible
application," "Grantee," "Special condition," "Statewide Program," "Victim,"
and "Victim-related services or assistance" and renumbers the definitions
accordingly.
The proposed amendment to §60.3 clarifies the statutory source of
funds.
The proposed amendment to §60.5 changes the title of the section;
clarifies the purpose of grant funds and the grant funding decisions; provides
that funding decisions will support the efficient and effective use of public
funds; and provides that the OAG may award OVAG funds to programs that would
otherwise be eligible for funding under another OAG grant program.
The proposed amendment to §60.6 changes the title of the section to
"OVAG and VCLG Eligible Purpose Areas; "clarifies grant contracts may be awarded
and provides for the use of OVAG funds for victim-related services or assistance
and delineates the purposes for the use of OVAG funds to include direct victim
services, outreach or community education to help identify victims who might
not otherwise be reached and provide or refer them to services, connecting
victims to services for the purpose of supporting or assisting in their recovery,
training professional and volunteers to improve their ability to inform victims
of their rights, assist in their recovery and to establish a continuum of
care, provide administrative functions to OAG designated grants, other purposes
that are consistent with state and authorized by applicable federal grants
or other support for victim-related service or assistance as determined by
the OAG. The proposed amendments to §60.6 also clarifies that grant contracts
may be awarded and provides for the use of the VCLG funds for victim assistance
coordinator and/or crime victim liaison positions for the purposed set forth
in the Texas Code of Criminal Procedure, Article 56.04.
The proposed amendment to §60.7 uncapitalizes the term "program".
The proposed amendment to §60.9 changes the title of the section to
"Match and Volunteer Requirements," provides that the OAG may require cash
and/or in-kind match for grants as stated in the Request for Applications
and the Application Kit; that the amount of an award and match requirements
are determined solely by the OAG; and the OAG reserves the right to alter
the required match for any funded program. The proposed amendment to §60.9
also provides that all non-government OVAG program must have a volunteer component,
with the specific requirements for the volunteer component to be stated in
the Request for Applications and the Application Kit.
The proposed amendment to §60.10 changes the title of the section
to "Funding Levels;" clarifies the minimum amount of funding for VCLG and
OVAG programs, clarifies that the OAG may establish different minimum and
maximum amounts of funding for an OVAG statewide program; clarifies that grant
contracts may be awarded; and provides that the amount of an award is determined
solely by the OAG, the OAG may award grants at amounts above or below the
established funding levels and is not obligated to fund a grant at the amounted
requested.
The proposed amendment to §60.11 changes the title of the section
to "Grant Contract Period;" provides generally the grant contract may be awarded
for any number of months up to a two year period; and establishes that the
grantee, in the event a grant period extends for more than one fiscal year,
may be required to submit additional documentation relating to a subsequent
fiscal year of the grant contract period, including an updated budget; provides
that the OAG may base its decision on subsequent fiscal year funding amounts
on the grantee's prior performance, including the timeliness and thoroughness
of reporting, effective and efficient use of grant funds and the success of
the program in meeting its goals.
The proposed amendment to §60.12 establishes that a grant contract
is not a right or entitlement and no commitment by the OAG that a grant contract,
once funded, will receive subsequent funding.
The proposed amendment to §60.13 changes the title of the section
to "Additional Award Opportunities;" clarifies the OAG may fund grant program
at amounts higher or lower than provided for in the chapter based on availability
of funds and particularized need; and confirms the OAG may award a grant contract
or re-designate a grant contract once awarded to a different funding source
that the grant for which the applicant filed an application or received funding.
Subchapter A (General Provisions and Eligibility, new §§60.14
- 60.17).
New §60.14 establishes an applicant registration requirement for applicants
to register their intent to apply for funding; provides grant application
will not be considered if an applicant registration is not timely filed with
the OAG; and provides OAG will notify applicant if application is not considered
due to failure to timely file applicant registration.
New §60.15 establishes a procedure for filing documents required to
be submitted to the OAG; requires that documents must be timely received by
the OAG to be considered filed; provides proof of sending a document is not
proof of receipt by the OAG; and establishes the final, non-appealable filing
decision-making authority of the OAG.
New §60.16 requires that grantees must comply with all applicable
state and federal statutes, rules, regulations, and guidelines, including,
but not limited to, the Uniform Grant Management Standards (UGMS) and the
applicable OMB Circulars and applies those requirements to OVAG and VCLG grants,
including grants to non-profit corporations.
New §60.17 provides for the transmittal or required submission of
notices, forms or other documents and information via the Internet or other
electronic means; and provides that transmission or submission via electronic
means satisfies the relevant written requirements.
Subchapter B (Application, Review and Award Process, §§60.100
- 60.103)
The proposed amendment to §60.100 clarifies the OAG will publish a
Request for Applications in the
Texas Register
and
post it on the OAG's official agency website. The proposed amendment to §60.100
establishes the minimum information to be provided in an Request for Applications,
including the applicable funding sources for the types of grants available
and eligibility requirements; how to obtain Application Kits; deadlines and
filing instructions for the grant application; minimum and maximum amounts
of funding available; start date and length of grant contract period; any
match or volunteer requirements; award criteria; any prohibitions on the use
of grant funds; and OAG contact information. The proposed amendment to §60.100
establishes that after the Request for Applications is published, the Application
Kit will be available on the agency's website or an applicant may request
an Application Kit from CVSD. The proposed amendment to §60.100 requires
an application to be submitted and filed and received by CVSD as established
in the Request for Applications. The proposed amendment to §60.100 establishes
for a filed application to be initially screened for eligibility, and if eligible,
to be evaluated and reviewed, and a grant decision made. The proposed amendment
to §60.100 states that providing false information, knowingly or unknowingly,
on a grant application may cause an application to be denied or cause the
grant contract, once awarded, to be terminated.
The proposed amendment to §60.101 changes the title of the section
to "Initial Screening; Evaluation and Review Process;" establishes that applications
initially screened as ineligible will not be scored further and establishes
the grounds for determining ineligibility to include no timely filed Applicant
Registration, application submitted by ineligible applicant; application not
filed in the manner and form required by the Request for Applications; application
filed after the deadline established in the Request for Applications; or application
does not meet other requirements as stated in the Request for Applications
and the Application Kit. The proposed amendment to §60.101 allows for
the OAG to designate teams to evaluate and review eligible applications; and
provides evaluation factors will be developed to assess the award criteria
as stated in the Request for Applications and Application Kit. The proposed
amendment to §60.101 allows the OAG to contact an applicant to provide
additional information. The proposed amendment to §60.101 provides there
are several steps in the evaluation and review process and a decision to deny
an application may be made at any point during the process.
The proposed amendment to §60.102 changes the title of the section
to "Grant Decision Notification Process," clarifies that the OAG will notify
the applicant in writing of a grant decision. The proposed amendment to §60.102
provides that the OAG may utilize a grant contract document or a notice of
grant document to award a grant and the applicant will be given a deadline
to act to accept the grant award and to return the document to the OAG and
the failure to return the signed document to the OAG will be construed as
a rejection of the grant award, and allows the OAG to de-obligate grant funds.
The proposed amendment to §60.102 clarifies that the OAG may add special
conditions to the grant award and until the special conditions are satisfied
or resolved, they will affect the grantee's ability to receive funds and in
some cases, may cause the OAG to de-obligate the grant award.
The proposed amendment to §60.103 changes the title of the section
to "Grant Decisions," clarifies that all grant decisions rest completely within
the discretionary authority of the OAG; and provides that the award of a grant
contract to a program shall not commit or obligate the OAG in any way to make
any additional, supplemental, continuation, or other award to that program.
Subchapter C (Grant Budget Requirements, §§60.200 - 60.209)
The proposed amendment to §60.200 lists the eligible budget categories
for a grant budget and requires all applicants to submit a completed budget
on the OAG prescribed form. The proposed amendment to §60.200 provides
that the grants are reimbursement only grants, with grantees being reimbursed
for authorized actual expenditures substantiated by documentation submitted
to the OAG, as requested and allows the OAG to use alternative payment methods.
The proposed amendment to §60.200 does not allow an individual paid with
grant funds to receive dual compensation for the same work, even if the services
performed benefit more than one entity. The proposed amendment to §60.200
requires all grantees, including nonprofit entities and local governmental
agencies, to follow the rules and requirements of UGMS and all applicable
OMB federal circulars. The proposed amendment to §60.200 requires a documented
method for allocation of direct costs and adequate supporting receipts and
records be maintained. The proposed amendment to §60.200 requires all
budget items to be reasonable and necessary and allocated proportionately
within each budget category. The proposed amendment to §60.200 provides
the OAG is not obligated to fund budget items at the amounts requested or
continue to fund budget items once a grant has been awarded.
The proposed amendment to §60.201 clarifies the requirements related
to the OAG grant programs. The proposed amendment to §60.201 requires
any changes to job duties or employment status of a grant funded position
to be reported to the OAG immediately and prohibit the use of grant funds
to pay any portion of the salary or any other compensation for an elected
government official.
The proposed amendment to §60.202 clarifies the definition of fringe
benefits and use of grant funds to pay fringe benefits employees of the grantee
identified as part of the grant.
The proposed amendment to §60.203 clarifies the definition of professional
and consultant services and use of grant funds for those services. The proposed
amendment to §60.203 requires any contract or agreement entered into
by a grantee that obligates grant funds to be in writing and consistent with
Texas contract law and required grantees to maintain adequate documentation
supporting budget items for a contractor's time, services, and rates of compensation
and establish a contract administration and monitoring system.
The proposed amendment to §60.204 adds that grant funds may be reimbursed
according to Texas State Travel Guidelines and clarifies that travel must
relate directly to the delivery of services that supports the program that
is funded by the OAG.
The proposed amendment to §60.205 provides that grant funds may not
be used to fund the purchase or lease of vehicles.
The proposed amendment to §60.206 clarifies the definition of supplies
and use of grant funds by a grant program for those items.
The proposed amendment to §60.207 clarifies the definition of Other
Direct Operating expenses and the use of grant funds by a grant program for
those items and clarifies that grant funds may not be used to purchase food
and beverages.
The proposed amendment to §60.208 no longer allows indirect costs
as a budget item for the relevant OAG grant programs.
The proposed amendment to §60.209 clarifies the list of items that
are unallowed costs. The proposed amendment to §60.209 clarifies food
and beverage costs are limited to those allowed under the Texas State Travel
Guidelines and prohibits the use of grants funds to purchase or lease vehicles,
pay for travel that is unrelated to the direct delivery of services that supports
the OAG funded program or for any unallowable costs set forth in state or
federal cost principles.
Subchapter D (Required Attachments, §60.300 and §60.301)
The proposed amendment to §60.300 provides that each Application Kit
will have a Comprehensive Certification and Assurances Form and unless otherwise
directed by the RFA or the Application Kit, applicants must submit those forms
with the grant application. The proposed amendment to §60.301 modifies
the list of certifications and assurances to include a Conflict of Interest
form and other certifications and assurances required by the OAG.
The proposed amendment to §60.300 provides that the resolution must
be submitted at the same time the grant application is submitted by the applicant,
unless the RFA or the Application Kit directs otherwise and modifies the specific
requirements of the resolution from the applicable governing body, to at least
contain authorization for the submission of the grant application and 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 on behalf of the grantee.
Herman Millholland, Chief, Crime Victim Services Division of the Office
of the Attorney General, has determined that for each year of the first five
years that the proposal will be in effect, there will be no additional estimated
costs to the state and to local governments expected as a result of enforcing
or administering the proposed amendments and new sections. Mr. Millholland
has determined that for each year of the first five years that the proposal
will be in effect, there will be no additional estimated reductions in costs
to the state and to local governments as a result of enforcing or administering
the proposed amendments and new sections. Mr. Millholland has determined that
for each year of the first five years that the proposal will be in effect,
there will be no additional estimated loss or increase in revenues to the
state or to local governments as a result of enforcing or administering the
proposed amendments and new sections. Mr. Millholland has determined that
for each year of the first five years that the proposal will be in effect,
enforcing or administering the amendments and new sections do not have foreseeable
implications relating to cost or revenues of the state or local governments.
Mr. Millholland has determined that for each year of the first five years
that the proposal will be in effect, the anticipated public benefit is clarification
of existing and modification of existing policies, with the additional public
benefit of having a more effective and efficient administration of a state
grant fund program for victim-related services and assistance to certain crime
victims. Mr. Millholland has determined that for each year of the first five
years that the proposal will be in effect, the probable economic cost to persons
required to comply with the proposed amendments and new sections is minimal
because the proposal does not significantly change the requirements for submitting
applications to the OAG for grants or the OAG's administration of the grant
programs.
Mr. Millholland has determined that the proposal will not affect a local
economy, and therefore, no local impact statement has been drafted.
Mr. Millholland has determined that the proposal will not have an adverse
economic effect on small business or micro-businesses.
Comments may be submitted no later than 30 days from the date of publication
to Lori Schneider, Assistant Director, Grants and Contracts Program, Crime
Victim Services Division, Office of the Attorney General, P.O. Box 12548,
Mail Code 005, Austin, Texas 78711-2548, or by telephone (512) 936-1598 or
by e-mail to
Lori.Schneider@oag.state.tx.us
.
Subchapter A. GENERAL PROVISIONS AND ELIGIBILITY
1 TAC §§60.1, 60.3, 60.5 - 60.7, 60.9 - 60.17
The amendments and new sections are proposed under the Texas
Code of Criminal Procedure, Article 56.541(f), which authorizes the Office
of the Attorney General to adopt rules reasonable and necessary to implement
Article 56.541, and in order to use money for grants or contracts that support
crime victim-related services or assistance.
The amendments and new sections affect Texas Code of Criminal Procedure,
Article 56.541(e).
§60.1.Definitions.
The following terms and abbreviations, when used in this chapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Application Kit--The information that is required
to be completed and submitted by an applicant for a grant contract
[
(2)
Applicant--An entity that files an application for
a grant contract with the OAG
[
(3)
Claimant--An individual as defined in the Texas Code
of Criminal Procedure, Article 56.32(a)(2)
[
(4)
COG--Council of Governments, a regional planning commission
or similar regional planning agency created under Texas Local Government Code,
Chapter 391
[
(5)
Competitive allocation--The distribution of grant
funds to grantees based on an application process as well as an evaluation
and review process
[
(6)
CVSD--Crime Victim Services Division, a division of
the Office of the Attorney General
[
(7)
Eligible application--An application that meets the
minimum requirements set forth in the RFA and Application Kit
[
(8)
Grantee--An entity or sub-recipient of an entity that
receives a grant contract from the OAG;
[
(9)
Local criminal prosecutor--A district
attorney, a criminal district attorney, a county attorney with felony responsibility,
or a county attorney who prosecutes criminal cases;
(10)
Local law enforcement agency--The police
department of a municipality or the sheriff's department of any county;
(11)
OAG--Office of the Attorney General;
(12)
OMB--Office of Management and Budget;
(13)
OVAG--Other Victim Assistance Grants
administered by the OAG;
(14)
RFA--Request for Applications;
(15)
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 OAG funded portion of a grant program. Special conditions may
be placed on a grant at any time;
(16)
Statewide Program--An entity that actively
offers or provides victim-related services or assistance in six or more COG
regions;
(17)
UGMS--The Uniform Grant Management Standards,
promulgated by the Governor's Office of Budget and Planning;
(18)
VCLG--Victim Coordinator and Liaison
Grants administered by the OAG to provide the victim assistance coordinator
and crime victim liaison duties as provided in Texas Code of Criminal Procedure,
Article 56.04;
(19)
Victim--Unless otherwise allowed by law,
an individual as defined in the Texas Code of Criminal Procedure, Article
56.32(a)(11); and
(20)
Victim-related services or assistance--Pursuant
to the Texas Code of Criminal Procedure, Article 56.32(a)(13), compensation,
services, or assistance provided directly to a victim or claimant for the
purpose of supporting or assisting the recovery of the victim or claimant
from the consequences of criminally injurious conduct.
§60.3.Source of Funds.
[
§60.5.Purpose of Funds and Grant Funding Decisions .
(a)
The purpose of
[
(b)
The purpose of the
OAG
OVAG
program
[
(c)
The OAG reserves the right to consider all other appropriations
or funding an applicant currently receives when making funding decisions.
The OAG may give priority to applicants that do not receive other sources
of funding, including funding that originates from the Texas Compensation
to Victims of Crime Fund.
(d)
The OAG reserves the right to give priority to programs
that provide
[
(e)
The OAG reserves the right to give priority to programs
that provide
[
(f)
Within its discretion, the OAG shall determine the manner
and procedure for making funding decisions
that support the efficient
and effective use of public funds
.
(g)
The OAG may award OVAG funds to programs
that would otherwise be eligible for funding under another OAG grant program.
§60.6.OVAG and VCLG Eligible Purpose Areas.
(a)
Grants
contracts
awarded under
the OAG
OVAG
program
may be used for
victim-related
services or assistance for
the following purposes:
(1)
providing direct victim services
including, but not
limited to, counseling, crisis intervention, assistance with Crime Victim's
Compensation, legal assistance, victim advocacy, and information and referral
;
(2)
providing outreach or community education to help
identify
[
(3)
connecting crime victims to services for the purpose
of supporting or assisting in their recovery
[
(4)
training professionals and volunteers to improve their
ability to inform victims of their rights, to assist victims in their recovery,
or to establish a continuum of care for victims
[
(5)
providing administrative functions to OAG designated
grants;
[
(6)
other purposes, consistent with state law, that are
authorized by applicable federal grants; or
[
(7)
other support for victim-related services
or assistance as determined by the OAG.
(b)
Grant contracts awarded under the OAG
VCLG program shall be used for victim assistance coordinator and/or crime
victim liaison positions for the purposes set forth in Texas Code of Criminal
Procedure, Article 56.04.
§60.7.OVAG Eligible Applicants.
The following entities are eligible to apply under the OVAG
program
[
(1)
local units of government;
(2)
non-profit agencies with 26 U.S.C. §501(c)(3) status;
and
(3)
state agencies.
§60.9. Match and Volunteer Requirements [
(a)
The OAG may require cash and/or in-kind match for
grants as stated in the RFA and the Application Kit. The amount of an award
and the match requirements are determined solely by the OAG. The OAG reserves
the right to alter the required match for any funded program.
[
[(1)
personnel;]
[(2)
fringe benefits;]
[(3)
professional and consultant services;]
[(4)
travel;]
[(5)
equipment;]
[(6)
supplies;]
[(7)
other direct operating expenses; and]
[(8)
indirect costs.]
(b)
All non-governmental OVAG programs must have a volunteer
component. The specific requirements for the volunteer component will be stated
in the RFA and the Application Kit
[
§60.10.Funding Levels [
(a)
For [
(b)
The OAG may establish different minimum and maximum
amounts of funding for an OVAG statewide program
[
(c)
The maximum amount of funding for [
(d)
The amount of an award is determined solely by the
OAG. The OAG may award grants at amounts above or below the established funding
levels and is not obligated to fund a grant at the amount requested
[
[(e)
Certain statewide entities may be eligible
to apply for pass-through funding on behalf of their local members. Such pass-through
funding is subject to different funding limitations from those described in
subsections (a) and (b) of this section. Entities wishing to determine whether
they are eligible for this type of funding should consult the RFA and Application
Kit.]
[(f)
The amount of an award and the match
required are determined solely by the OAG. The OAG may award grants at amounts
above or below the established funding levels and is not obligated to fund
a grant at the amount requested. The OAG reserves the right to alter the required
match for any funded program.]
[(g)
The OAG may require volunteers to be
used as an in-kind match and may give priority to applicants who utilize volunteers
in their organization.]
§60.11.Grant Contract Period.
(a)
Generally, grant contracts may be
[
(b)
The OAG reserves the right to alter the starting date and
length of the grant
contract period
[
(c)
If the grant contract period extends for
more than one fiscal year, the grantee may be required to submit additional
documentation relating to the subsequent fiscal year of the grant contract
period, including an updated budget. The OAG may base its decision on subsequent
fiscal year funding amounts on the grantee's prior performance, including
but not limited to the timeliness and thoroughness of reporting, effective
and efficient use of grant funds and the success of the program in meeting
its goals.
§60.12.Continuation of Funding.
Because a grant is not a right or an entitlement, there
[
§60.13. Additional Award Opportunities [
(a)
The
[
(b)
The OAG may choose to award a grant contract
or re-designate a grant contract once awarded to a different funding source
than that grant for which the applicant filed an application or received funding.
§60.14.Applicant Registration.
(a)
The OAG may require applicants to register their intent
to apply for funding. If registration is required, the deadline to file, including
a time, date and place certain, will be given in the RFA.
(b)
Grant applications will not be considered if the registration
is not filed by the established deadline.
(c)
The OAG will notify an applicant if their application will
not be considered due to failure of timely registration.
§60.15.Filings with the OAG.
(a)
All documents that are required to be submitted to the
OAG must be received by the OAG to be considered as filed. If a deadline is
established by the OAG, it will include a time, date and place certain.
(b)
Proof of sending a document by email or other means is
not proof that the OAG received the information.
(c)
All filing decisions rest completely within the discretionary
authority of the OAG and the decisions made by the OAG are final and are not
subject to appeal.
§60.16.Compliance with Other Standards.
(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)
The relevant standards include, but are not limited to:
(1)
Uniform Grant Management Standards (UGMS) adopted pursuant
to the Uniform Grant and Contract Management Act of 1981, Texas Government
Code, Chapter 783. These requirements apply to both OVAG and VCLG grants,
including grants to non-profit corporations; and
(2)
All applicable OMB Circulars, and in particular, OMB Circulars
A-21, A-87, A-102, A-110, A-133.
§60.17.Use of the Internet.
(a)
The OAG may transmit notices, forms or other documents
and information via the Internet or other electronic means.
(b)
The OAG may require the submission of notices, forms or
other documents and information via the Internet or other electronic means.
(c)
Transmission or submission via electronic means meets the
relevant requirements contained within this chapter for submitting information
in writing.
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 December 28, 2006.
TRD-200606905
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: February 11, 2007
For further information, please call: (512) 936-1841
1 TAC §§60.100 - 60.103
The amendments are proposed under the Texas Code of Criminal
Procedure, 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.
§60.100.Application Process.
(a)
The OAG will publish a RFA in the
Texas Register
and post the RFA on the OAG's official agency website
at
www.oag.state.tx.us
[
(b)
The RFA, at a minimum, will provide the following
information:
[
(1)
applicable funding sources
for the types of grants available and eligibility requirements;
(2)
how to obtain Application Kits;
(3)
deadlines and filing instructions
for the grant application;
(4)
minimum and maximum amounts
of funding available;
(5)
start date and length of grant
contract period;
(6)
any match or volunteer requirements;
(7)
award criteria;
(8)
any prohibitions on the use
of grant funds; and
(9)
OAG contact information.
(c)
After the RFA is published in the
Texas Register,
the Application Kit will be available on the official
agency website at
www.oag.state.tx.us,
or
an applicant may request an Application Kit from the CVSD
[
(d)
An applicant must submit an application to the CVSD,
as referenced in the RFA
[
(e)
The application, with the required
attachments, must be filed and received by the CVSD, by the deadline stated
in the RFA.
(f)
Once the application is filed,
it will be initially screened for eligibility, and if eligible it will be
evaluated and reviewed, and a grant decision will be made.
(g)
Providing false information,
knowingly or unknowingly, on a grant application may cause an application
to be denied or cause the grant contract, once awarded, to be terminated.
§60.101. Initial Screening; Evaluation [
(a)
The OAG will
initially screen
[
(1)
The applicant did not register
timely an intent to apply, if required;
(2)
The application is submitted
by an ineligible applicant;
(3)
The application is not filed
in the manner and form required by the RFA;
(4)
The application is filed after
the deadline established in the RFA; or
(5)
The application does not meet
other requirements as stated in the RFA and the Application Kit.
(b)
The OAG may designate teams to evaluate and review
eligible applications. The evaluation teams may consist of OAG employees,
employees of other state agencies, or other designees. Evaluation factors
will be developed to assess the award criteria as stated in the RFA and Application
Kit
[
(c)
During the initial screening or evaluation and review
process, an applicant may be contacted to provide additional information
[
(d)
There are several steps in
the evaluation and review process. A decision to deny an application may be
made at any point during the evaluation and review process.
§60.102.Grant Decision Notification Process.
(a)
The OAG
shall notify
[
(b)
The OAG may utilize a grant contract document or a
notice of grant document once a decision is made to award a grant. The applicant
will be given a deadline to act to accept the grant award and to return the
appropriate document to the OAG within the time prescribed by the OAG. An
applicant's failure to return the signed document to the OAG within the applicable
time period will be construed as a rejection of the grant award, and the OAG
may de-obligate funds
[
(c)
The OAG may add special conditions to the grant award.
Until satisfied, these special conditions will affect the grantee's ability
to receive funds. If special conditions are not resolved, the OAG may de-obligate
the entire amount of the grant award
[
[
§60.103. Grant Decisions [
(a)
All
grant
[
(b)
The award of a grant contract
to a program shall not commit or obligate the OAG in any way to make any additional,
supplemental, continuation, or other award to that program.
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 December 29, 2006.
TRD-200606906
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: February 11, 2007
For further information, please call: (512) 936-1841
1 TAC §§60.200 - 60.209
The amendments are proposed under the Texas Code of Criminal
Procedure, 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.
§60.200.General Budget Provisions.
(a)
Unless otherwise stated by the Request for Applications
and the Application Kit, eligible budget categories are limited to the following
categories:
[
(1)
personnel;
(2)
fringe benefits;
(3)
professional and consultant
services;
(4)
travel;
(5)
equipment;
(6)
supplies; and
(7)
other direct operating expenses.
(b)
All applicants must submit a completed budget on the
form prescribed by the OAG
[
(c)
Grants awarded by the OAG are reimbursement-only grants.
Grantees are reimbursed for authorized actual expenditures substantiated by
documentation submitted to the OAG, as requested. If necessary, the OAG may
use an alternative method of payment
[
(d)
An individual paid with grant funds may not receive
dual compensation for the same work, even if the services performed benefit
more than one entity
[
(e)
All grantees, including but not limited to non-profit
entities and local governmental agencies, must follow the rules and requirements
as outlined in UGMS, and all applicable OMB federal circulars
[
(f)
For budget items funded partially by the OAG, an entity
must have a documented method for the allocation of direct costs consistent
with the benefit received and must maintain adequate receipts and records
[
(g)
All budget items must be reasonable and necessary
and be allocated proportionately within each budget category
[
(h)
The OAG is not obligated to
fund budget items at the amounts requested by the applicant and is not obligated
to continue to fund budget items once a grant has been awarded.
§60.201.Personnel.
(a)
The personnel budget category may include salaries of employees
only, and not compensation paid to independent contractors. "Employee" is
defined as a person under the direction and supervision of the grantee, who
is on the payroll of the grantee and for whom the grantee is required to pay
applicable income withholding taxes; or a person who will be on the grantee's
payroll and for whom the grantee will pay applicable income withholding taxes
once the grant is awarded.
(b)
Salaries for grant[
(c)
The OAG may set minimum restrictions on the percentage
of salary that may be funded [
(d)
A grantee may not use grant funds to pay overtime.
(e)
Any changes to the job duties
or employment status of a grant funded position must be reported to the OAG
immediately.
(f)
A grantee may not use grant
funds to pay any portion of the salary or any other compensation for an elected
government official.
§60.202.Fringe Benefits.
(a)
"Fringe benefits" is defined as allowances and services
provided by
the grantee
[
(b)
Grant funds may be used to pay fringe benefits
of
an employee
only if grant funds are also being used
to pay
for
the salary of the same employee
[
(c)
A grantee must provide grant-funded personnel the same
fringe benefits provided to all other non-grant-funded personnel of the grantee.
§60.203.Professional and Consultant Services.
(a)
"Professional and consultant services" is defined as any
service for which the
grantee
[
(b)
Any contract or agreement entered into by a grantee
that obligates grant funds must be in writing and consistent with Texas contract
law. Grantees must maintain adequate documentation supporting budget items
for a contractor's time, services, and rates of compensation. Grantees must
establish a contract administration and monitoring system to regularly and
consistently ensure that contract deliverables are provided as specified in
the contract
[
(c)
Grant funds may not be used to pay for any
professional
and consultant services for a
person or vendor who participates directly
in writing a grant application.
§60.204.Travel.
(a)
Travel expenses
may
[
(b)
Travel must relate directly to the delivery of services
that supports the program that is funded by the OAG
[
(c)
Grant funds may not be used to pay for out-of-state travel.
§60.205.Equipment.
(a)
"Equipment" is defined as an article of non-expendable,
tangible personal property having a useful life of more than one (1) year
and a per unit acquisition cost which equals the lesser of:
(1)
the capitalization level established by the grantee for
financial statement purposes
;
[
(2)
$5,000.
(b)
A grantee may use equipment paid for with OAG funds only
for grant-related purposes and not for personal or non-grant-related purposes.
(c)
Grant funds may not be used to fund the purchase or
lease of vehicles
[
[
§60.206.Supplies.
(a)
"Supplies" is defined as consumable items directly related
to the day-to-day operation of the grant
program
[
(b)
The OAG will not approve funds for the purchase of
program
[
§60.207.Other Direct Operating Expenses.
(a)
"Other direct operating expenses" is defined as those costs
not included in other budget categories and which are directly related to
the day-to-day operation of the grant
program
[
(b)
Funds may not be used to purchase food and beverages [
(c)
Registration fees for conferences and other training sessions
should be included in this category.
§60.208.Indirect Costs.
(a)
"Indirect costs" is defined as any cost not directly identified
with a single, final cost objective, but identified with two or more final
cost objectives or with at least one intermediate cost objective [
(b)
The OAG will not
fund
[
[
§60.209.Unallowable Costs.
(a)
OAG grant funds may not be used for the following:
(1)
to pay overtime, out-of-state travel, dues, or lobbying;
(2)
to purchase food and beverages
except as allowed under
Texas State Travel Guidelines
[
(3)
to [
(4)
to purchase promotional items or recreational activities
;
[
(5)
to pay for travel that is unrelated
to the direct delivery of services that supports the OAG funded program;
(6)
to pay consultants or vendors
who participate directly in writing a grant application; or
(7)
any unallowable costs set forth
in state or federal cost principles.
(b)
Funds may not be used to purchase any other products or
services the OAG identifies as inappropriate or unallowable within the RFA
or the Application Kit
.
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 December 29, 2006.
TRD-200606907
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: February 11, 2007
For further information, please call: (512) 936-1841
1 TAC §60.300, §60.301
The amendments are proposed under the Texas Code of Criminal
Procedure, 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.
§60.300.Comprehensive Certification and Assurances Form.
(a)
Each Application Kit will have a Comprehensive
Certification and Assurances Form. Unless otherwise directed by the RFA or
the Application Kit,
[
(b)
The form includes
, but is not limited
to,
the following certifications
and assurances
:
(1)
Equal Employment Opportunity Program Certification;
(2)
Certification Regarding Lobbying;
(3)
Nonprocurement Debarment Certification;
(4)
Drug-Free Workplace Certification;
(5)
Audit Certification;
(6)
UGMS Certifications;
(7)
Certified Assurances; [
(8)
Conflict of Interest; and
[
(9)
Other certifications and assurances
required by the OAG.
§60.301.Resolution.
(a)
The resolution permits the applicant to submit an application.
Unless otherwise directed by the RFA or the Application Kit, the resolution
must be submitted at the same time the grant application is submitted by the
applicant
[
(b)
The specific requirements
for the resolution will
be stated in the Application Kit
[
(c)
A resolution from the applicable
governing body (such as the City Council, County Commissioners' Court, or
Board of Directors) must contain, at a minimum, the following:
(1)
authorization for the submission of the grant
application to the OAG; and
(2)
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 on behalf of the grantee.
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 December 29, 2006.
TRD-200606908
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: February 11, 2007
For further information, please call: (512) 936-1841
Local criminal prosecutor--A district attorney, a criminal district attorney,
a county attorney with felony responsibility, or a county attorney who prosecutes
criminal cases
];
Local law enforcement agency--The
police department of a municipality or the sheriff's department of any county
in this state
];
OMB--Office of Management
and Budget
];
OAG--Office of the Attorney General
];
RFA--Request for Application
];
UGMS--Uniform Grant Management
Standards, published by the Governor's Office of Budget and Planning
];
OVAG--Other Victim Assistance Grants; and
];
VCLG--Victim Coordinator
and Liaison Grants.
]
Article 56.541(e) of the
] Texas Code of Criminal Procedure
, Article 56.541(e)
authorizes the OAG to use money appropriated
from
[
to
] the Texas Compensation to Victims of Crime Fund
for grants or contracts supporting victim-related services or assistance.
Pursuant to this authorization, the OAG created two types of grant programs,
OVAG and VCLG. The source of grant funds for both programs is a biennial appropriation
by the Texas Legislature from specified court costs and fees. The funds are
constitutionally dedicated. Allocation of funds in the OVAG program is competitive.
Funds awarded under
]
the
OAG
VCLG program
is
[
are used
] to fund
positions described in [
Article 56.04 of
] the
Texas
Code
of Criminal Procedure
, Article 56.04
[
that are related to
the provision of direct services for victims of crime. Compensable services
and assistance do not include monetary compensation or financial assistance
to victims
].
Program
] is to provide funds
, using a competitive allocation method,
[
on a competitive basis
] to programs that address the unmet
needs of victims [
of violent crime
] by maintaining or increasing
their access to [
high
] quality services.
providing
] direct victim services with grant
funds, [
programs
] that provide information and education about
victims' rights in their community,
or
[
and programs
]
that utilize volunteers in providing services.
providing
] services in certain geographic or
programmatic areas [
that address the unmet needs of victims of violent
crime by maintaining or increasing their access to quality services
].
helping identify
] crime victims
who might
not otherwise be reached
and
provide
[
providing
]
or
refer
[
referring
] them to needed services;
helping contact crime
victims who might not otherwise be reached
];
connecting crime
victims to services and assisting in their recovery
];
training professionals and volunteers to improve their
ability to afford victims their rights as provided by law, to competently
assist victims in their recovery, and to establish a continuum of care accessible
to all victims of violent crime; and
]
other support for
victim services as determined by the OAG.
]
Program
]:
Eligible Budget Categories ].
Eligible budget categories are limited to the following:
]
The description and requirements
for each budget category may be found in Subchapter C within this chapter
].
and Match ].
local programs, under
] VCLG and OVAG
programs
, the minimum amount of funding for which an applicant may apply
is $20,000 per fiscal year.
For statewide
programs, under OVAG only, the minimum amount of funding for which an applicant
may apply is $20,000 per fiscal year
].
which
] an
OVAG and VCLG
grant contract will be
[
applicant may apply
is
] stated in the RFA and the Application Kit.
The OAG may require cash and/or in-kind match for OVAG and VCLG grants as
stated in the RFA and the Application Kit
].
Grants
are
] awarded for
any number of months up to
a
two
[
one
] year
period
[
term
] beginning September 1st
and ending August 31st.
term
].
There
] is no commitment by the OAG that a grant
contract
,
once funded, will receive subsequent funding. [
The OAG will have the
option to renew the grant for one additional year subject to and contingent
on funding, review and approval.
]
Nonstandard Funding ].
If the OAG determines that
it is in the best interest of the state, the
] OAG may fund
programs
[
projects
] outside the standard application cycle or process
or at amounts higher or lower than provided for in this chapter based on availability
of funds and a particularized need
[
and may change a grant to a
different funding source if necessary
].
Subchapter B. APPLICATION, REVIEW AND AWARD PROCESS
After the
RFA is published in the
Texas Register,
the
application kit will be available on the official agency website at
].
An applicant for a grant under this chapter must
submit an OVAG or VCLG application to the Crime Victim Services Division of
the OAG, as referenced in the RFA.
]
The
application kit must be received by the OAG, Crime Victim Services Division,
by the deadline stated in the RFA
].
Providing false information, knowingly
or unknowingly, on a grant application may cause an application to be denied
or cause the grant, once awarded, to be terminated
].
Scoring ] and Review Process.
review
]
each [
eligible
] application
for eligibility. Applications
that are not eligible will not be scored further and will not be eligible
for a grant award. Applications will be deemed ineligible if:
[
. The OAG may designate a team to evaluate or score eligible applications.
The OAG has full authority in making all funding decisions. However, allocation
of the funds for the OVAG program shall be competitive based on a process
established by the OAG.
]
During the review process, an OAG staff member, or a designee,
may contact the applicant for additional information
].
There are several stages of the review process. A decision to approve or deny
project funding may be made at any point during that process
].
will inform
]
the applicant in writing of its decision regarding a grant award.
In an effort to keep the applicants informed,
the OAG may post information on the official agency website,
www.oag.state.tx.us
].
The OAG must receive a written
acceptance or rejection of a grant award within 45 calendar days of the date
of notification. An applicant's failure to provide written acceptance to the
OAG within this time period will be construed as a rejection of the grant
award, and the OAG may deobligate funds
].
(d)
The OAG may add special conditions
to the grant requiring documents to be submitted prior to the reimbursement
of any expenses. Special conditions include submission of attachments or justification
for certain items. Until satisfied, these special conditions will affect the
grantee's ability to receive funds. If special conditions are not resolved,
the OAG may deobligate the entire amount of the grant award.]
Review of Denial ].
funding
] decisions
, including, but not limited to, eligibility, evaluation and review, and funding
rest completely within the discretionary authority of the OAG and the decisions
made by the OAG are final and are not subject to appeal.
Subchapter C. GRANT BUDGET REQUIREMENTS
All applicants must submit a budget.
]
Grants awarded by the OAG are reimbursement-only
grants. Grantees are reimbursed for authorized actual expenditures contained
in the documents required to be submitted to the OAG. If necessary, the OAG
may use an alternative method of payment
].
An individual paid with grant
funds may not receive dual compensation for the same work, even if the services
performed benefit more than one entity
].
All grantees, including but not limited to
non-profit entities and local government agencies, must follow the rules and
requirements as outlined in UGMS and all applicable OMB federal circulars
].
An entity must have an allocation plan for budget items that are funded partially
with OAG sources or must maintain equivalent receipts and records
].
All budget items must be reasonable and necessary and be allocated
proportionately within each budget category
].
All contracts or equipment purchases with a value of $25,000 or more must
be pre-approved by the OAG
].
-
]funded positions must be
reasonable and comply with the grantee's salary classification schedule. If
a grantee does not have a classification schedule, the grantee must maintain
documentation supporting that the salary is commensurate with that paid in
the geographic area for positions with similar duties and qualifications.
In any event, the OAG will determine whether a salary is reasonable and may
limit the
grant
[
OAG
-] funded portion of any salary.
by the OAG
].
an entity
] to its employees
as compensation in addition to regular salaries and wages. Fringe benefits
include
, but are not limited to,
the costs of leave, employee insurance,
pensions, and unemployment benefit plans.
salaries
].
entity
] uses an outside
source for necessary support. Professional and consultant services include
, but are not limited to,
accounting services, counseling, legal services,
and computer support.
All costs for professional and consultant services
must follow the guidelines set forth in UGMS
].
will
] be reimbursed
according to the Texas State Travel Guidelines, unless a grantee's travel
policy provides a lesser reimbursement.
or to the
central focus of the
] grant [
project
].
:
] or
All costs for equipment must follow the guidelines
set forth in UGMS and OMB circulars
].
(d)
Grant funds may not be used
to fund the purchase of vehicles.]
project
]. Allowable items include
, but are not limited to,
office
supplies, paper, postage, and education resource materials.
project
] promotional items or recreational activities.
project
].
for meetings or program participants
].
For
additional guidelines on "indirect costs," grantees should consult UGMS
].
allow
] indirect
costs
for VCLG and OVAG programs
[
unless the grantee submits
a cost allocation plan approved by a cognizant agency and the costs are approved
by the OAG
].
(c)
The OAG reserves the right
to limit indirect costs charged to a grant regardless of an applicant's cost
allocation plan.]
for meetings or program participants
];
fund the
] purchase
or lease
[
of
] vehicles; [
or
]
.
]
Subchapter D. REQUIRED ATTACHMENTS
If possible,
] applicants
must
[
should
] submit a signed Comprehensive Certification and
Assurances Form with the grant application. [
Otherwise, the form must
be submitted within the period for acceptance or rejection of a grant as provided
in §60.102(c).
]
and
]
Other certifications
deemed necessary by the OAG.
]
The resolution shall be submitted by the applicant before
the award or release of funds
].
and format for resolutions may
be found in the application kit made available after the RFA is published
].
Chapter 62.
SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES