Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 60.
TEXAS CRIME VICTIM SERVICES GRANT PROGRAMS
The Office of the Attorney General (OAG) adopts amendments to 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 Victim Services Grant Programs concerning the
OVAG and VCLG OAG grant programs. The amendments and new rules, except for §60.6,
are adopted without changes to the proposed text as published in January 12,
2007, issue of the
Texas Register
(32 TexReg
141). Therefore, all sections, except §60.6, will not be republished.
According to Article I, Section 31 of the Texas Constitution, the Texas
Compensation to Victims of Crime Fund may be expended as provided by law only
for delivering or funding victim-related compensation, services, or assistance.
Article 56.541(e) of the Texas Code of Criminal Procedure provides that the
OAG may use funds from the Texas Compensation to Victims of Crime Fund for
grants or contracts supporting crime victim-related services or assistance.
Subsection (f) of the Article authorizes the OAG to adopt rules necessary
to carrying out the Article's provisions.
The amendments and new rules are adopted to ensure that the rules are updated
to accurately implement, interpret, and prescribe the law and minimum standards
of practices, procedures, and policies of the OAG relating to the administration
of certain OAG grants or contracts supporting crime-victim-related service
or assistance. The amendments and new rules are adopted to clarify the agency's
practices and to make the rules more accessible, understandable and usable.
Section 60.1 adds new definitions.
Section 60.3 clarifies the statutory source of funds.
Section 60.5 changes the title of the section; clarifies the purpose of
grant funds and 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.
Section 60.6 is adopted with a change from the proposed version. The change
is to correct a typographical error to the word "grant." Otherwise, §60.6
changes the title of the section; clarifies the purposes for awards and use
of OVAG funds for victim-related services or assistance; and clarifies that
the award, purposes of an award and use of VCLG funds for victim assistance
coordinator and/or crime victim liaison positions as consistent with Texas
Code of Criminal Procedure, Article 56.04.
Section 60.7 uncapitalizes the term "program".
Section 60.9 changes the title of the section; 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 that the OAG
reserves the right to alter the required match for any funded program. Section
60.9 also provides that all non-government OVAG program must have a volunteer
component.
Section 60.10 changes the title of the section; 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; 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 amount requested.
Section 60.11 changes the title of the section; provides generally that
the grant contract may be awarded for any number of months up to a two year
period; and that the grantee may be required to submit additional documentation
relating to a subsequent fiscal year of the grant contract period; 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.
Section 60.12 establishes that a grant contract is not a right or entitlement
and that there is no commitment by the OAG that a grant contract, once funded,
will receive subsequent funding.
Section 60.13 changes the title of the section; clarifies that 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 than the grant for which the applicant filed
an application or received funding.
Section 60.14 establishes an applicant registration requirement for applicants
to register their intent to apply for funding and that grant applications
will not be considered if an applicant registration is not timely filed with
the OAG and that the OAG will notify an applicant if an application is not
considered due to failure to timely file the applicant registration.
Section 60.15 establishes a procedure for the timely filing of documents
with the OAG.
Section 60.16 requires grantees to 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.
Section 60.17 provides for the transmittal or required submission of notices,
forms or other documents and information via the Internet or other electronic
means.
Section 60.100 clarifies the OAG will publish a Request for Applications
and establishes the minimum information to be provided in a Request for Applications.
Section 60.100 establishes that after the Request for Applications is published,
the Application Kit will be available to the public; requires an application
to be submitted, filed and received by the OAG as established in the Request
for Applications. Section 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. Section 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.
Section 60.101 changes the title of the section; establishes that applications
initially screened as ineligible will not be scored further and establishes
the grounds for determining ineligibility. Section 60.101 allows for the OAG
to designate teams to evaluate and review eligible applications; and provides
that evaluation factors will be developed to assess the award criteria; allows
the OAG to contact an applicant to provide additional information and provides
that 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.
Section 60.102 changes the title of the section; clarifies that the OAG
will notify the applicant in writing of a grant decision. Section 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; 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.
Section 60.103 changes the title of the section; 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.
Section 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. Section 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. Section 60.200 does not allow an individual
paid with grant funds to receive dual compensation for the same work. Section
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. Section 60.200 requires a documented method for allocation
of direct costs and adequate supporting receipts and records be maintained
and requires all budget items to be reasonable and necessary and allocated
proportionately within each budget category. Section 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.
Section 60.201 clarifies the personnel budget category and 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.
Section 60.202 clarifies the definition of fringe benefits and use of grant
funds to pay fringe benefits.
Section 60.203 clarifies the definition of professional and consultant
services and use of grant funds for those services and requires any contract
or agreement for those services to be in writing and consistent with Texas
contract law and requires grantees to maintain adequate documentation supporting
the expenses and to establish a contract administration and monitoring system.
Section 60.204 provides 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 funded program.
Section 60.205 provides that grant funds may not be used to fund the purchase
or lease of vehicles.
Section 60.206 clarifies the definition of supplies and use of grant funds
by a grant program for those items.
Section 60.207 clarifies the definition of Other Direct Operating Expenses
and the use of grant funds for those items and clarifies that grant funds
may not be used to purchase food and beverages.
Section 60.208 no longer allows indirect costs as a budget item for the
relevant OAG grant programs.
Section 60.209 clarifies the list of items that are unallowed costs; clarifies
that 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.
Section 60.300 provides that each Application Kit will have a Comprehensive
Certification and Assurances Form, which will include certain assurances and
certifications forms that applicants must submit with the grant application.
Section 60.301 provides that a resolution must be submitted with the grant
application; and modifies the specific requirements of the resolution from
the applicable governing body.
No comments were received regarding the amendments and the new rules.
Subchapter A. GENERAL PROVISIONS AND ELIGIBILITY
1 TAC §§60.1, 60.3, 60.5 - 60.7, 60.9 - 60.17
The amendments and new rules are 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 amendments and new rules affect Texas Code of Criminal Procedure, Article
56.541(e).
§60.6.OVAG and VCLG Eligible Purpose Areas.
(a)
Grant 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
crime victims who might not otherwise be reached and provide or refer them
to needed services;
(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.
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 February 13, 2007.
TRD-200700448
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2007
Proposal publication date: January 12, 2007
For further information, please call: (512) 463-2096
1 TAC §§60.100 - 60.103
The amendments are adopted 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.
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 February 13, 2007.
TRD-200700449
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2007
Proposal publication date: January 12, 2007
For further information, please call: (512) 463-2096
Subchapter B. APPLICATION, REVIEW AND AWARD PROCESS
Subchapter C. GRANT BUDGET REQUIREMENTS