Adopted Rules Title 1

TITLE 1. ADMINISTRATION

Part 3. OFFICE OF THE ATTORNEY GENERAL

Chapter 62. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

1 TAC §§62.33 - 62.59

The Office of the Attorney General (OAG) adopts the repeal of Title 1, Texas Administrative Code, Chapter 62, §§62.33 - 62.59, relating to Sexual Assault Prevention and Crisis Services, and in particular, the sexual assault and crisis services grant programs of the OAG. The repeal is adopted without changes to the proposal as published in the January 12, 2007, issue of the Texas Register (32 TexReg 150).

The repeal is adopted to better organize the existing Chapter 62 as well as to allow for the additional provisions and modifications to the rules regarding the sexual assault prevention and crisis services grant programs to be proposed for inclusion in the Chapter 62 in an orderly fashion. These rules are being adopted for repeal and new rules regarding the sexual assault prevention and crisis services grant programs are being adopted elsewhere in this issue of the Texas Register.

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.

Chapter 420 of the Texas Government Code establishes a Sexual Assault Prevention and Crisis Services Fund, and authorizes the OAG to award grants to promote the development throughout the state of locally based and supported nonprofit programs for the survivors of sexual assault and to standardize the quality of services provided. Section 420.004(b) and §420.011 authorize the OAG to adopt rules necessary to implement the chapter.

The adopted repeal will lead to the development of a more orderly and expanded set of rules of the OAG relating to the administration of the Texas Compensation to Victims of Crime Fund and the Sexual Assault Prevention and Crisis Services Fund, as required by the Administrative Procedures Act, Texas Government Code, Chapter 2001.

No comments were received regarding the repeal of the sections.

The repeal is adopted 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 repeal is adopted under the Texas Government Code, §420.004(b) and §420.011, which authorizes the OAG to adopt rules necessary to implement the Sexual Assault Prevention and Crisis Services Act in order to promote the development throughout the state of locally based and supported nonprofit programs for the survivors of sexual assault and to standardize the quality of services provided.

The adopted repeal affects Texas Code of Criminal Procedure, Article 56.541(e) and Texas Government Code, Chapter 420.

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

Filed with the Office of the Secretary of State on March 26, 2007.

TRD-200701164

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Effective date: April 15, 2007

Proposal publication date: January 12, 2007

For information regarding this publication, please contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

1 TAC §§62.100 - 62.115, 62.200 - 62.203, 62.300 - 62.309, 62.400, 62.401, 62.500, 62.501

The Office of the Attorney General (OAG) adopts new §§62.100 - 62.115, 62.200 - 62.203, 62.300 - 62.309, 62.400, 62.401, 62.500, and 62.501, relating to rules governing the Sexual Assault Prevention and Crisis Services. The new rules are adopted without changes to the proposed text as published in January 12, 2007, issue of the Texas Register (32 TexReg 151). Therefore, all sections will not be republished.

The new rules relate to the grant programs of the OAG concerning Sexual Assault Prevention and Crisis Services. The new rules will better serve victims of crime by improving the administration of the Sexual Assault Prevention and Crisis Services grant programs.

The 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 and the Sexual Assault Prevention and Crisis Services Fund, as required by the Administrative Procedures Act, Texas Government Code, Chapter 2001. The new rules are adopted to clarify the agency's practices and to make the rules more accessible, understandable and usable.

New §62.100 gives definitions for the relevant terms. New §62.101 provides that the rules apply to all SAPCS funded sexual assault programs. New §62.102 provides the source of the state and federal funds. New §62.103 provides all funding is contingent upon appropriation by the United States Congress and Texas Legislature and approval of OAG.

New §62.104 establishes the purpose of the SAPCS program; the OAG may use a funding formula to determine the amounts of funding; other factors or priorities the OAG may consider in making funding decisions; and provides that funding decisions will support the efficient and effective use of public funds. New §62.105 provides the purposes for which a SAPCS grant contract may be awarded. New §62.105 provides the OAG may consult and contract with or award grants to local and statewide programs for special projects. New §62.106 defines the eligible applicants to apply under the SAPCS program; requires the applicant to offer the defined minimum services for at least nine months prior to receiving a SAPCS grant contract; and allows for grant contracts for special projects. New §62.107 provides that the OAG may require cash and/or in-kind match for grants; 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 and that all SAPCS programs must have a volunteer component. New §62.108 provides the minimum amount of funding for a SAPCS program and provides that the OAG will state the maximum amount of funding, may use a funding formula and reserves the right to alter the funding formula; provides that the amount of an award is determined solely by the OAG; that grants may be awarded at amounts above or below the established funding levels and that the OAG is not obligated to fund a grant at the amount requested.

New §62.109 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.

New §62.110 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. New §62.111 provides for additional award opportunities to fund a 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 than the grant for which the applicant filed an application or received funding.

New §62.112 provides an applicant registration requirement for an applicant to register its intent to apply for funding; that grant applications 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 §62.113 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 §62.114 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 SAPCS grants, including grants to non-profit corporations.

New §62.115 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.

New §62.200 provides the OAG will publish a Request for Applications in the Texas Register and post it on the OAG's official agency website. New §62.200 establishes the minimum information to be provided in an Request for Applications. New §62.200 establishes that after the Request for Applications is published, the Application Kit will be available to the public; requires an application to be submitted and filed and received by CVSD as established in the Request for Applications. New §62.200 also establishes that applications will be initially screened for eligibility, and if eligible, will be evaluated and reviewed, and a grant decision made. New §62.200 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.

New §62.201 establishes that applications initially screened as ineligible will not be scored further and establishes the grounds for determining ineligibility. New §62.201 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; allows the OAG to contact an applicant to provide additional information and 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.

New §62.202 provides that the OAG will notify the applicant in writing of a grant decision; 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 provides 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. New §62.203 provides 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.

New §62.300 lists the eligible budget categories for a grant budget and requires all applicants to submit a completed budget on the OAG prescribed form and provides that the grants are reimbursement-only grants, with grantees being reimbursed for authorized actual expenditures substantiated by documentation submitted to the OAG. New §62.300 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; requires all grantees, including nonprofit entities and local governmental agencies, to follow the rules and requirements of UGMS and all applicable OMB federal circulars; requires a documented method for allocation of direct costs and adequate supporting receipts and records be maintained; that all budget items to be reasonable and necessary and allocated proportionately within each budget category and that 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.

New §62.301 defines the "Personnel" budget category. New §62.301 requires salaries to be reasonable and comply with the grantee's salary classification schedule or other documentation supporting the salary; that the OAG will determine whether a salary is reasonable and may limit the grant-funded portion of any salary that may be funded; that grants funds may not be used to pay overtime; requires any changes to job duties or employment status of a grant funded position to be reported to the OAG immediately and prohibits the use of grant funds to pay any portion of the salary or any other compensation for an elected government official.

New §62.302 defines the "Fringe Benefit" budget category; allows grant funds to pay fringe benefits to employees of the grantee identified as part of the grant and requires the grantee to provide the same fringe benefits to grant-funded personnel that are provided to non-grant-funded personnel. New §62.303 defines the "Professional and Consultant Services" budget category and use of grant funds for those services. New §62.303 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 requires 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; and that 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.

New §62.304 defines the "Travel" budget category, provides that travel expenses may be reimbursed according to Texas State Travel Guidelines, unless a grantee's travel policy provides a lesser reimbursement; provides that travel must relate directly to the delivery of services that supports the program that is funded by the OAG; and unless specially authorized, grant funds may not be used to pay for out-of-state travel. New §62.305 defines the "Equipment" budget category, provides that grantee may use equipment paid for with OAG grant funds for grant-related purposes and not for personal or non-grant-related purposes; and that grant funds may not be used to fund the purchase or lease of vehicles. New §62.306 defines the "Supplies" budget category and does not allow grant funds to purchase promotional items or recreational activities. New §62.307 defines the "Other Direct Operating Expenses" budget category, provides that grant funds may not be used to purchase food and beverages and allows registration fees for conferences and other training sessions. New §62.308 defines the "Indirect Costs" budget category and provides that the OAG will not allow indirect costs as a budget item. New §62.309 provides a list of items that are unallowed costs.

New §62.400 provides that each Application Kit will have a Comprehensive Certification and Assurances Form, which will include certain certifications and assurances that applicants must submit with the grant application. New §62.401 provides that a resolution must be submitted with the grant application and provides specific requirements for the resolution from the applicable governing body.

New §62.500 provides that all required forms will be provided by the OAG. New §62.501 requires that each grant must designate a grant contact as well as an authorized official and that any changes in the grant contact or authorized official must be submitted to the OAG immediately.

No comments were received regarding the adoption of the new rules.

The new rules are adopted under the Texas Code of Criminal Procedure, Article 56.541(f), which authorizes the OAG to adopt rules 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 new rules are adopted under the Texas Government Code, §420.004(b) and §420.011, which authorizes the OAG to adopt rules necessary to implement the Sexual Assault Prevention and Crisis Services Act in order to promote the development throughout the state of locally based and supported nonprofit programs for the survivors of sexual assault and to standardize the quality of services provided.

The new rules affect Texas Code of Criminal Procedure, Article 56.541(e) and Texas Government Code, Chapter 420.