TITLE 1.ADMINISTRATION

Part 3. OFFICE OF THE ATTORNEY GENERAL

Chapter 60. TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS

Subchapter A. GENERAL PROVISIONS AND ELIGIBILITY

1 TAC §§60.2, 60.10, 60.12

The Office of the Attorney General (OAG) proposes amendments to Subchapter A, §§60.2, 60.10 and 60.12, relating to rules governing the Texas Crime Victim Services Grant Programs.

The OAG proposes these revisions to the current rules in order to provide clarity on the grant process. The revision of §60.2 will allow the OAG or a grantee, with the approval of the OAG, to waive a part of the rules in extreme circumstances, when necessary. The proposed revision of §60.10 addresses the possibility that grants can be awarded above or below the funding level or the requested amount. Due to the legislative appropriation of the funds for these grant programs, the OAG proposes revisions to §60.12 ensure that continuation grantees are aware that there is no commitment to continue funding once they are funded. The anticipated effect of the proposal is increased clarity in the grant process for grantees and applicants.

Herman Millholland, Chief, Crime Victim Services Division of the Office of the Attorney General, has determined that for the first five-year period the amended sections are in effect, there will be no fiscal implications to state or to local governments as a result of enforcing or administering the sections as amended.

Mr. Millholland has determined that for the first five-year period in which the proposed amendments are in effect, the anticipated public benefit is the more efficient administration of the Crime Victims Compensation fund for grants or contracts supporting victim-related services or assistance.

Mr. Millholland has also determined that for the first five-year period in which the proposed amendments are in effect, the amended sections will not have an adverse economic effect on small businesses because the amendments to these rules impose no additional burden on any entity. There is no anticipated economic cost to persons who are required to comply with these rules as proposed.

Comments may be submitted no later than 30 days from the date of this publication to the Crime Victim Services Division, Office of the Attorney General, attention: TAC Rules Comments, P.O. Box 12548, Austin, Texas, 78711-2548, or by e-mail to CVSGrants@oag.state.tx.us.

The amendments are proposed under the Texas Code of Criminal Procedure, Title 1, 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 of the CVC fund for grants or contracts that support crime victim-related services or assistance.

Texas Code of Criminal Procedure Article 56.541 is affected by the proposed amendments.

§60.2.Construction of Rules.

Unless otherwise noted, these rules apply to both OVAG and VCLG grant programs. If good cause is established to show that compliance with these rules may result in an injustice to any party, the rules may be suspended at the discretion of the Attorney General or his designee.

§60.10.Funding Limits.

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

(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.

§60.12.Continuation of Funding.

There is no commitment by the OAG that a grant, once funded, will receive subsequent funding. [ Continuation of funding for existing grant projects is dependent upon a grantee meeting all requirements of this chapter and having a history of timely submission of performance and financial reports. ]

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 July 15, 2003.

TRD-200304284

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: August 31, 2003

For information regarding this publication, you may contact A.G. Younger, Agency Liaison, at (512) 463-2110


Subchapter B. APPLICATION, REVIEW AND AWARD PROCESS

1 TAC §60.103

(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 Attorney General or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Office of the Attorney General (OAG) proposes the repeal of §60.103, relating to rules governing the Texas Crime Victim Services Grant Programs, and simultaneously proposes new §60.103, in a separate document.

The OAG proposes this repeal in order to provide clarity on the grant process. The repeal of §60.103, if adopted, harmonizes the rules with the timing of the grant award process. The anticipated effect of the repeal is greater clarity in the grant application and award process.

Herman Millholland, Chief, Crime Victim Services Division of the Office of the Attorney General, has determined that for the first five-year period the proposed repeal is in effect there will be no fiscal implications to state or to local governments as a result of enforcing or administering the repeal.

Mr. Millholland has determined that for the first five-year period in which the proposed repeal is in effect, the anticipated public benefit is the more efficient administration of the Crime Victims Compensation fund for grants or contracts supporting victim-related services or assistance.

Mr. Millholland has also determined that for the first five-year period in which the proposed repeal is in effect, there will not be an adverse economic effect on small businesses because the repeal would impose no additional burden on any entity. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.

Comments may be submitted no later than 30 days from the date of this publication to the Crime Victim Services Division, Office of the Attorney General, attention: TAC Rules Comments, P.O. Box 12548, Austin, Texas, 78711-2548, or by e-mail to CVSGrants@oag.state.tx.us.

The repeal is proposed under the Texas Code of Criminal Procedure, Title 1, 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 of the CVC fund for grants or contracts that support crime victim-related services or assistance.

Texas Code of Criminal Procedure Article 56.541 is affected by the proposed repeal.

§60.103.Review of Denial.

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 July 15, 2003.

TRD-200304282

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: August 31, 2003

For information regarding this publication, you may contact A.G. Younger, Agency Liaison, at (512) 463-2110


1 TAC §60.103

The Office of the Attorney General (OAG) proposes new §60.103, relating to rules governing the Texas Crime Victim Services Grant Programs, and simultaneously proposes the repeal of §60.103, in a separate document.

The OAG proposes this new section in order to provide clarity on the grant process. New §60.103 clarifies that the OAG's decision on a grant award is final. The anticipated effect of the new section is greater clarity in the grant application and award process.

Herman Millholland, Chief, Crime Victim Services Division of the Office of the Attorney General, has determined that for the first five-year period the proposed section is in effect there will be no fiscal implications to state or to local governments as a result of enforcing or administering the section.

Mr. Millholland has determined that for the first five-year period in which the proposed section is in effect, the anticipated public benefit is the more efficient administration of the Crime Victims Compensation fund for grants or contracts supporting victim-related services or assistance.

Mr. Millholland has also determined that for the first five-year period in which the proposed section is in effect, there will not be an adverse economic effect on small businesses because the section would impose no additional burden on any entity. There is no anticipated economic cost to persons who are required to comply with the proposed section.

Comments may be submitted no later than 30 days from the date of this publication to the Crime Victim Services Division, Office of the Attorney General, attention: TAC Rules Comments, P.O. Box 12548, Austin, Texas, 78711-2548, or by e-mail to CVSGrants@oag.state.tx.us.

The new section is proposed under the Texas Code of Criminal Procedure, Title 1, 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 of the CVC fund for grants or contracts that support crime victim-related services or assistance.

Texas Code of Criminal Procedure Article 56.541 is affected by the proposed new section.

§60.103.Review of Denial.

All funding decisions made by the Attorney General or his designee are final and are not subject to appeal.

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 July 15, 2003.

TRD-200304283

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: August 31, 2003

For information regarding this publication, you may contact A.G. Younger, Agency Liaison, at (512) 463-2110