Proposed Rules Title 1

TITLE 1. ADMINISTRATION

Part 1. OFFICE OF THE GOVERNOR

Chapter 3. CRIMINAL JUSTICE DIVISION

The Office of the Governor, Criminal Justice Division (CJD), proposes amendments to Subchapter A §§3.1, 3.3, 3.5, 3.7, 3.9, 3.11, 3.17, and 3.19; Subchapter B §§3.55, 3.71, 3.73, 3.81, 3.83, and 3.85; Subchapter D §3.2023; Subchapter E §§3.2501, 3.2507, 3.2513, 3.2519, and 3.2525; Subchapter G §3.8210 and §3.8220.

The Office of the Governor, Criminal Justice Division (CJD), proposes new rule §3.2025 under Subchapter D. The addition of §3.2025 requires all grant applicants provide CJD with the contact information for their agency's civil rights liaison.

The Office of the Governor, Criminal Justice Division (CJD), proposes the repeal of §3.2511 under Subchapter E. The repeal of §3.2511 removes information regarding the process of requesting grant funds and moves this information into §3.2507.

The amendment to §3.1 remove references to Subchapter C, which is proposed to be repealed.

The amendment to §3.3(9) corrects a formatting error.

The amendment to §3.3(13)(B) adds "DVD players" to the list of items considered to be equipment budget items.

The amendment to §3.5(a)(6) changes the word "obtain" to "access" to clarify the manner in which grant applicants can apply.

The amendment to §3.7: (1) clarifies the language relating to funding decisions; and (2) expands on factors CJD takes into consideration during the grant funding selection process; and (3) removes unnecessary language regarding funding allocations; and (4) gives CJD the flexibility to notify applicants of funding decisions via the internet or other means; and (5) removes an erroneous statement that has been moved to §3.9.

The amendment to §3.9 includes a statement moved from the previous section regarding the finality of funding decisions.

The amendment to §3.11 updates this section to reflect the new process of accepting grant awards through CJD's online grant management system.

The amendment to §3.17: (1) renames this section from "Federal Funding" to "Grant Funding" in order to also be applicable to state funding; and (2) clarifies that grantees must comply with both federal and state statutes, rules, regulations and guidelines that may apply to their funding.

The amendment to §3.19: (1) corrects a typographical error; and (2) corrects the citation from the Code of Federal Regulations; and (3) corrects a second typographical error.

The amendment to §3.55: (1) removes the statement of prohibition on serving adult offenders; and (2) adds a comprehensive list of prohibited costs and activities applying to all grants.

The amendment to §3.71 clarifies language relating to the determination of eligible grant budget items.

The amendment to §3.73 adds a statement requiring that grant applicants who include matching funds in the grant budget maintain that level of matching funds throughout the grant period.

The amendment to §3.81 gives CJD the flexibility to notify applicants via the internet of approved equipment items.

The amendment to §3.83 removes the list of ineligible supplies and direct operating expenses because a complete list of ineligible costs and activities has been added to a previous section.

The amendment to §3.85 clarifies the language of this section to make it easier to understand.

The amendment to §3.2023 adds language requiring all grantees to submit information regarding their agency's fiscal capability in the grant application.

The amendment to §3.2501: (1) removes the requirement for grant officials to provide CJD with a sample signature as a result of CJD's online grant management system; and (2) removes the language requiring grantees to inform CJD of changes to the grant officials in writing; and (3) removes the requirement for new grant officials to provide CJD with a sample signature.

The amendment to §3.2507 adds language to clarify the expenditure reporting process.

The amendment to §3.2513 clarifies changes to the grant adjustment process as a result of CJD's online grant management system.

The amendment to §3.2519 removes the words "in writing" from this section.

The amendment to §3.2525 adds language requiring that grantees' monitoring program incorporates best practices.

The amendment to §3.8210 adds language allowing the Governor to appoint the chairman of the Governor's Juvenile Justice Advisory Board.

The amendment to §3.8220 allows the Governor to appoint individuals to advise the Governor's Juvenile Justice Advisory Board concerning specific juvenile justice matters.

Ken Nicolas, CJD's Executive Director, has determined for the first five-year period that the amendments, new rule, and repeal are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules. Mr. Nicolas has determined there will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed rules.

Mr. Nicolas has also determined that for the first five-year period that the amendments, new rule, and repeal 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 proposal may be submitted in writing to Scott Bingaman, Director of Operations, Office of the Governor, Criminal Justice Division, 1100 San Jacinto Blvd., Austin, Texas 78701, (512) 463-1919. Comments may also be submitted electronically to scott.bingaman@governor.state.tx.us or faxed to (512) 475-2440. All comments must be received by the director of operations not more than 30 calendar days after notice of a proposed change in the section has been published in the Texas Register.

Subchapter A. GENERAL GRANT PROGRAM PROVISIONS

1 TAC §§3.1, 3.3, 3.5, 3.7, 3.9, 3.11, 3.17, 3.19

The amended rules are proposed under Texas Government Code, Title 7, §772.006(a), which requires CJD 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, unless a subsequent effective date is specified by CJD in an original grant award or a grant adjustment. 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) - (8) (No change.)

(9) UGMS: the Uniform Grant Management Standards promulgated by the Governor's Office of Budget and Planning at 1 Texas Administrative Code (TAC) [ ~~T.A.C.~~ ] §§5.141 - 5.167;

(10) - (12) (No change.)

(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 $1,000: stereo systems, still and video cameras, facsimile machines, DVD players, VCRs and VCR/TV combinations, cellular and portable telephones, and computer systems.

(14) (No change.)

§3.5.Grant Submission Process.

(a) When applying for a grant pursuant to a Request for Applications (RFA) published in the Texas Register by CJD, applicants must submit their applications according to the requirements provided in the RFA. The RFA will provide the following:

(1) - (5) (No change.)

(6) how applicants may access [ ~~obtain~~ ] application kits;

(7) - (11) (No change.)

(b) - (c) (No change.)

§3.7.Selection Process.

(a) (No change.)

(b) For applications submitted to CJD pursuant to §3.5(b) of this chapter, the executive director will decide whether to fund the application based upon the following factors:

(1) - (2) (No change.)

(3) whether delaying the application would have a significant negative impact on the area proposed to be served [ ~~immediate need for the project~~ ].

(c) For applications prioritized by a COG, the CJAC must prioritize the applications and prepare the priority listing. The COG's governing body must approve the priority listing. The COG then must submit the priority listing to CJD within the time periods established by CJD. CJD will render final funding decisions on these applications based upon the availability of funding, COG priorities, eligibility, and reasonableness[ ~~, availability of funding, and cost-effectiveness~~ ]. Preference will be given to applicants who demonstrate cost effective programs focused on a comprehensive and effective approach to services that compliment the Governor's strategies.

[ ~~(d)~~ For applications prioritized by a COG and seeking funding 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 through a formula based upon population figures and crime rates. No formula-based funding allocation exists for applications prioritized by a COG that seek grants from other funding sources. ]

(d) [ ~~(e)~~ ] During the review of an application, CJD or its designee may request that the applicant submit additional information necessary to complete the grant review. CJD or its designee 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. If CJD is not able to adequately resolve problems within an applicant's budget through the review process, CJD may 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.

(e) [ ~~(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 prioritized by 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.~~ ]

§3.9.Grant Funding Decisions.

(a) - (c) (No change.)

(d) All funding decisions made by the executive director are final and are not subject to appeal.

§3.11.Grant Acceptance.

The award documentation constitutes the operative documents obligating and reserving funds for use by the grantee in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the grantee's authorized official fails to properly accept the grant award [ ~~sign the Grantee Acceptance Notice, resolve special conditions listed on the Statement of Grant Award, and return them to CJD~~ ] within 45 calendar days of the date upon which CJD issues the Statement of Grant Award. CJD may extend this deadline upon written request from the applicant. No funds will be disbursed to the grantee until the grantee has properly accepted the grant [ ~~signed Grantee Acceptance Notice has been received by CJD~~ ].

§3.17. Grant [ ~~Federal~~ ] Funding.

All grantees receiving state or federal funds must comply with the applicable statutes, rules, regulations, and guidelines related to the [ ~~federal~~ ] funding source under which the grant is funded. This chapter provides directly by specific rule or adopts by reference all applicable state and federal statutes, rules, regulations, and guidelines.

§3.19.Adoptions by Reference.

(a) (No change.)

(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 TAC [ ~~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) - (9) (No change.)

(10) Texas Review and Comment System (TRACS). See 1 TAC [ ~~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, State Criminal Justice Planning (421) Fund, Victims of Crime Act Fund, and Drug Court Program. Participation in TRACS, including receiving a favorable review, does not assure grant funding.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 4, 2007.

TRD-200702202

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Subchapter B. GENERAL GRANT PROGRAM POLICIES

Division 1. ELIGIBILITY REQUIREMENTS

1 TAC §3.55

No other statutes, articles, or codes are affected by the amendment of these rules.

§3.55. Prohibitions [ ~~Legal Services for Adult Offenders~~ ].

Grant funds may not be used to support the following services, activities and costs: [ ~~CJD will not fund projects that provide legal services for adult offenders.~~ ]

(1) Proselytizing or sectarian worship.

(2) Lobbying.

(3) Vehicles or equipment for government agencies that are for general agency use.

(4) Admission fees or tickets to any amusement park, recreational activity or sporting event.

(5) Promotional gifts.

(6) 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 the event is not related to amusement and/or social activities in any way.

(7) Membership dues for individuals.

(8) Any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds.

(9) Fundraising.

(10) New construction.

(11) Medical services.

(12) Legal services for adult offenders.

(13) Any other prohibition imposed by federal, state or local 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 June 4, 2007.

TRD-200702203

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 2. GRANT BUDGET REQUIREMENTS

1 TAC §§3.71, 3.73, 3.81, 3.83, 3.85

No other statutes, articles, or codes are affected by the amendment and addition of these rules.

§3.71.Grant Budgets.

CJD is not obligated to fund budget items in a grant application at the amounts requested by the applicant. CJD will make decisions regarding funding levels for both the overall project and for individual budget items based upon the item's [ ~~project's~~ ] reasonableness, eligibility, the availability of grant funding, and cost-effectiveness.

§3.73.Matching Funds Policy.

(a) (No change.)

(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. Grantees will be held to and must report expenses for any matching funds included in the CJD-approved budget.

§3.81.Equipment.

(a) Applicants must submit with their grant applications an itemized 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 an original grant award or a grant adjustment. 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.

(b) - (c) (No change.)

§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 budget categories, as defined in §3.3(10) 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.

[ ~~(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 the CJD-funded portion of the grant project 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 CJD-funded or cash match portion of the grant, the applicant shall identify the indirect cost rate and provide supporting documentation as part of the application to CJD. CJD will review the documentation and will determine an appropriate indirect cost rate for the project.

(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 section and instead must comply with §3.1209 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 June 4, 2007.

TRD-200702204

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Subchapter D. CONDITIONS OF GRANT FUNDING

1 TAC §3.2023, §3.2025

The new and amended rules are proposed under Texas Government Code, Title 7, §772.006(a), which requires CJD 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.

§3.2023.Tax-Exempt and Nonprofit Information.

All nonprofit corporations applying for grant funds [ ~~that have not previously received a CJD grant~~ ] must submit with their application[ : ] information about the agency's fiscal capability, including information from the Internal Revenue Service granting the corporation tax-exempt status.

[ ~~(1)~~ ~~a CJD-prescribed Financial Capability Questionnaire; and~~ ]

[ ~~(2)~~ ~~documentation from the Internal Revenue Service granting the corporation tax-exempt status.~~ ]

§3.2025.Civil Rights Liaison.

All applicants must certify that they have a designated civil rights liaison during the application process. The civil rights liaison will serve as the grantee's civil rights contact point and will bear the responsibility for ensuring that the grantee meets all applicable civil rights requirements. The designee will act as the grantee's liaison in civil rights matters with CJD and with the federal Office of Justice Programs.

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 June 4, 2007.

TRD-200702205

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Subchapter E. ADMINISTERING GRANTS

1 TAC §3.2501, §3.2507

No other statutes, articles, or codes are affected by the amendment of these rules.

§3.2501.Grant Officials.

(a) - (b) (No change.)

[ ~~(c)~~ ~~The signature of each grant official must be provided to CJD by the grantee.~~ ]

(c) [ ~~(d)~~ ] The grantee shall make every effort to ensure that each grant official has an e-mail address and access to the Internet.

(d) [ ~~(e)~~ ] The grantee shall notify CJD [ ~~in writing~~ ] within 20 calendar days 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;

(2) any change in the mailing address, e-mail address, fax number, or telephone number of each grant official; and

(3) any change in the grantee's physical address.

§3.2507.Expenditure Reports and Reimbursement .

(a) 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. Submission of an expenditure report may generate grant payment upon CJD approval. If the grantee fails to submit timely expenditure reports, grantees will not receive grant payments. [ CJD will place a financial hold on a grantee's funds if the grantee fails to submit timely expenditure reports. Submission of an expenditure report does not generate a grant payment. Section 3.2511 of this chapter 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.

(b) After a grant has been accepted and if there are no outstanding special conditions or other deficiencies, a grantee may submit expenditure reports to generate reimbursement no more than once a month. A grantee may submit an expenditure report to generate payment on a cost reimbursement basis. Grantees may only request an advance payment during the first month of the grant period to cover the first month's expenses. All expenditure reports must be submitted to CJD in accordance with the instructions provided.

(c) Grantees must ensure that CJD receives their final expenditure report 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 a state or federal holiday, then CJD will honor receipt 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. CJD will not make payments to grantees that submit their final expenditure report after the above-referenced deadline described by this subsection.

(d) Crime Stoppers Assistance Fund projects are exempt from subsection (a) of this section and instead may request funds through submission of an expenditure report once each quarter on a cost-reimbursement basis only.

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 June 4, 2007.

TRD-200702206

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

1 TAC §3.2511

(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 repealed rule is proposed under Texas Government Code, Title 7, §772.006(a), which requires CJD 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.

§3.2511.Requests for 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 June 4, 2007.

TRD-200702207

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

1 TAC §§3.2513, 3.2519, 3.2525

No other statutes, articles, or codes are affected by the amendment of these rules.

§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 official may submit [ ~~must sign~~ ] requests for grant adjustments [ ~~that do not alter the amount of a grant award or the scope of a grant project~~ ]. The authorized official must certify all grant adjustment requests.

(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 budget categories, as defined in §3.3(10) of this chapter, are considered budget adjustments, and[ ~~, except as provided by paragraph (2) of this subsection,~~ ] are allowable only with prior CJD approval. The following rules apply to budget adjustments:

(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(10) 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.~~ ]

(2) [ ~~(4)~~ ] CJD will not approve budget adjustment requests submitted after the end of the grant period [ ~~within 30 calendar days of the end of the grant period unless the executive director grants an exception~~ ].

(3) [ ~~(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 authorized official [ ~~grantee~~ ] must accept or reject any additional award within 45 calendar days of the date of the award [ ~~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 prior [ ~~advance written~~ ] approval from CJD.

(2) A grantee may submit a [ ~~written~~ ] request to extend the grant period. The request must be submitted to CJD and received [ ~~or postmarked~~ ] no later than the last day of the grant period.

§3.2519.Grant Reduction or Termination.

(a) If a grantee wishes to terminate any approved grant, it must notify CJD [ ~~in writing~~ ] immediately.

(b) - (c) (No change.)

§3.2525.Evaluating Project Effectiveness.

(a) (No change.)

(b) Grantees are responsible for managing the day-to-day operations of grant and subgrant supported activities, including those of their contractors and subcontractors. Grantee monitoring must cover each program, function and activity. Grantees must develop, implement, and maintain a standardized monitoring program incorporating best practices to continuously assure grant and subgrant supported activities are monitored. The monitoring program will include, at a minimum, mechanisms by which grantees will ensure they are achieving performance goals and receiving contracted deliverables as specified in agreements and contracts.

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 June 4, 2007.

TRD-200702208

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Subchapter G. CRIMINAL JUSTICE DIVISION ADVISORY BOARDS

Division 2. GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD

1 TAC §3.8210, §3.8220

No other statutes, articles, or codes are affected by the amendment of these rules.

§3.8210.Composition.

The composition of the board will be in compliance with the federal Juvenile Justice and Delinquency Prevention Act and all regulations set by the Office of Juvenile Justice and Delinquency Prevention. The governor will appoint the chairman of the board.

§3.8220.Compensation.

(a) (No change.)

(b) The governor, chairman or the executive director of CJD may appoint qualified persons to advise the Juvenile Justice Advisory Board concerning specific juvenile justice matters. Such persons shall serve without compensation but may be reimbursed for reasonable and necessary expenses upon approval of the executive director of 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 June 4, 2007.

TRD-200702209

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Chapter 3. CRIMINAL JUSTICE DIVISION

Subchapter C. FUND-SPECIFIC GRANT POLICIES

The Office of the Governor, Criminal Justice Division (CJD), proposes the repeal of Subchapter C, Division 1 §§3.101, 3.103, 3.105, and 3.111; Division 2 §§3.201,3.203, 3.205, and 3.211; Division 3 §§3.301, 3.303, 3.305, 3.311, and 3.313; Division 4 §§3.401, 3.403, and 3.405; Division 5 §§3.501, 3.503, 3.505, 3.509, 3.511, and 3.513; Division 6 §§3.601, 3.603, 3.605, 3.609, 3.611, and 3.613; Division 7 §§3.701, 3.703, 3.705, 3.711, and 3.717; Division 9 §§3.901, 3.903, and 3.905; Division 11 §§3.1101, 3.1103, 3.1105, 3.1109, and 3.1111; Division 12 §§3.1201, 3.1203, 3.1205, 3.1209, 3.1211, and 3.1213; Division 13 §§3.1301, 3.1303, 3.1305, 3.1309, and 3.1311.

Subchapter C, "Fund-Specific Grant Policies" outlines specific eligibility and budget rules applicable to various funding sources administered by CJD. For federal fund sources, these rules and guidelines are available in the federal guidelines. Information on grant guidelines can be found on CJD's website.

Ken Nicolas, CJD's Executive Director, has determined for the first five-year period that the repeals are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules. Mr. Nicolas has determined there will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed rules.

Mr. Nicolas has also determined that for the first five-year period that the repeals 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.

Division 1. STATE CRIMINAL JUSTICE PLANNING (421) FUND

1 TAC §§3.101, 3.103, 3.105, 3.111

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections 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 repeals are proposed under Texas Government Code, Title 7, §772.006(a), which requires CJD 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 these rules.

§3.101.Source and Purpose.

§3.103.Project Requirements.

§3.105.Eligible Applicants.

§3.111.Ineligible Activities.

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 June 4, 2007.

TRD-200702229

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 2. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND

1 TAC §§3.201, 3.203, 3.205, 3.211

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.201.Source and Purpose.

§3.203.Project Requirements.

§3.205.Eligible Applicants.

§3.211.Ineligible Activities and 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 June 4, 2007.

TRD-200702230

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 3. TITLE V DELINQUENCY PREVENTION ACT FUND

1 TAC §§3.301, 3.303, 3.305, 3.311, 3.313

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.301.Source and Purpose.

§3.303.Project Requirements.

§3.305.Eligible Applicants.

§3.311.Years of Funding.

§3.313.Prevention Policy Board.

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 June 4, 2007.

TRD-200702231

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 4. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND

1 TAC §§3.401, 3.403, 3.405

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.401.Source and Purpose.

§3.403.Project Requirements.

§3.405.Eligible Applicants.

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 June 4, 2007.

TRD-200702232

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 5. VICTIMS OF CRIME ACT FUND

1 TAC §§3.501, 3.503, 3.505, 3.509, 3.511, 3.513

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.501.Source and Purpose.

§3.503.Project Requirements.

§3.505.Eligible Applicants.

§3.509.Indirect Costs.

§3.511.Ineligible Activities and Costs.

§3.513.Civil Rights Liaison Certification.

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 June 4, 2007.

TRD-200702233

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 6. CRIME STOPPERS ASSISTANCE FUND

1 TAC §§3.601, 3.603, 3.605, 3.609, 3.611, 3.613

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.601.Source and Purpose.

§3.603.Project Requirements.

§3.605.Eligible Applicants.

§3.609.Indirect Costs.

§3.611.Ineligible Expenses.

§3.613.Effect of Decertification or Expiration of Certification.

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 June 4, 2007.

TRD-200702235

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 7. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM

1 TAC §§3.701, 3.703, 3.705, 3.711, 3.717

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.701.Source and Purpose.

§3.703.Project Requirements.

§3.705.Eligible Applicants.

§3.711.Ineligible Activities and Costs.

§3.717.Confidential 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 June 4, 2007.

TRD-200702236

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 9. S.T.O.P. VIOLENCE AGAINST WOMEN ACT FUND

1 TAC §§3.901, 3.903, 3.905

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.901.Source and Purpose.

§3.903.Project Requirements.

§3.905.Eligible Applicants.

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 June 4, 2007.

TRD-200702237

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 11. RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANT PROGRAM

1 TAC §§3.1101, 3.1103, 3.1105, 3.1109, 3.1111

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.1101.Source and Purpose.

§3.1103.Project Requirements.

§3.1105.Eligible Applicants.

§3.1109.Indirect Costs.

§3.1111.Ineligible Activities and 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 June 4, 2007.

TRD-200702240

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 12. JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM

1 TAC §§3.1201, 3.1203, 3.1205, 3.1209, 3.1211, 3.1213

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.1201.Source and Purpose.

§3.1203.Project Requirements.

§3.1205.Eligible Applicants.

§3.1209.Indirect Costs.

§3.1211.Waiver of Application.

§3.1213.JABG Local Advisory Board.

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 June 4, 2007.

TRD-200702241

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919

Division 13. COVERDELL FORENSIC SCIENCES PROGRAM

1 TAC §§3.1301, 3.1303, 3.1305, 3.1309, 3.1311

No other statutes, articles, or codes are affected by the repeal of these rules.

§3.1301.Source and Purpose.

§3.1303.Project Requirements.

§3.1305.Eligible Applicants.

§3.1309.Indirect Costs.

§3.1311.Ineligible Activities and 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 June 4, 2007.

TRD-200702242

Christopher Burnett

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 15, 2007

For further information, please call: (512) 463-1919