CHAPTER 535. PROVISION OF HUMAN SERVICES AND OTHER SOCIAL SERVICES THROUGH FAITH- AND COMMUNITY-BASED ORGANIZATIONS
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE I. HEALTH AND HUMAN SERVICES
CHAPTER 535. PROVISION OF HUMAN SERVICES AND OTHER
SOCIAL SERVICES THROUGH FAITH- AND COMMUNITY-BASED ORGANIZATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 535.001. DEFINITIONS. In this chapter:
(1) "Community-based initiative" includes a social, health,
human services, or volunteer income tax assistance initiative
operated by a community-based organization.
(2) "Community-based organization" means a nonprofit corporation
or association that is located in close proximity to the
population the organization serves.
(3) "Faith-based initiative" means a social, health, or human
services initiative operated by a faith-based organization.
(4) "Faith-based organization" means a nonprofit corporation or
association that:
(A) is operated through a religious or denominational
organization, including an organization that is operated for
religious, educational, or charitable purposes and that is
operated, supervised, or controlled, wholly or partly, by or in
connection with a religious organization; or
(B) clearly demonstrates through the organization's mission
statement, policies, or practices that the organization is guided
or motivated by religion.
(5) "State Commission on National and Community Service" means
the entity used as authorized by 42 U.S.C. Section 12638(a) to
carry out the duties of a state commission under the National and
Community Service Act of 1990 (42 U.S.C. Section 12501 et seq.).
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.002. PURPOSE. The purpose of this chapter is to
strengthen the capacity of faith- and community-based
organizations and to forge stronger partnerships between those
organizations and state government for the legitimate public
purpose of providing charitable and social services to persons in
this state.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.003. CONSTRUCTION. This chapter may not be construed
to:
(1) exempt a faith- or community-based organization from any
applicable state or federal law; or
(2) be an endorsement or sponsorship by this state of the
religious character, expression, beliefs, doctrines, or practices
of a faith-based organization.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.004. APPLICABILITY OF CERTAIN FEDERAL LAW. A power
authorized or duty imposed under this chapter must be performed
in a manner that is consistent with 42 U.S.C. Section 604a.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
SUBCHAPTER B. GOVERNMENTAL LIAISONS FOR FAITH- AND
COMMUNITY-BASED ORGANIZATIONS
Sec. 535.051. DESIGNATION OF FAITH- AND COMMUNITY-BASED
LIAISONS. (a) The executive commissioner, in consultation with
the governor, shall designate one employee from the commission
and from each health and human services agency to serve as a
liaison for faith- and community-based organizations.
(b) The chief administrative officer of each of the following
state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based organizations:
(1) the Office of Rural Community Affairs;
(2) the Texas Commission on Environmental Quality;
(3) the Texas Department of Criminal Justice;
(4) the Texas Department of Housing and Community Affairs;
(5) the Texas Education Agency;
(6) the Texas Juvenile Probation Commission;
(7) the Texas Veterans Commission;
(8) the Texas Workforce Commission;
(9) the Texas Youth Commission; and
(10) other state agencies as determined by the governor.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.052. GENERAL DUTIES OF LIAISONS. (a) A faith- and
community-based liaison designated under Section 535.051 shall:
(1) identify and remove unnecessary barriers to partnerships
between the state agency the liaison represents and faith- and
community-based organizations;
(2) provide information and training, if necessary, for
employees of the state agency the liaison represents regarding
equal opportunity standards for faith- and community-based
organizations seeking to partner with state government;
(3) facilitate the identification of practices with demonstrated
effectiveness for faith- and community-based organizations that
partner with the state agency the liaison represents;
(4) work with the appropriate departments and programs of the
state agency the liaison represents to conduct outreach efforts
to inform and welcome faith- and community-based organizations
that have not traditionally formed partnerships with the agency;
(5) coordinate all efforts with the governor's office of
faith-based and community initiatives and provide information,
support, and assistance to that office as requested to the extent
permitted by law and as feasible; and
(6) attend conferences sponsored by federal agencies and offices
and other relevant entities to become and remain informed of
issues and developments regarding faith- and community-based
initiatives.
(b) A faith- and community-based liaison designated under
Section 535.051 may coordinate and interact with statewide
organizations that represent faith- or community-based
organizations as necessary to accomplish the purposes of this
chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.053. INTERAGENCY COORDINATING GROUP. (a) The
interagency coordinating group for faith- and community-based
initiatives is composed of each faith- and community-based
liaison designated under Section 535.051 and a liaison from the
State Commission on National and Community Service.
(b) The commission employee designated as a liaison under
Section 535.051 is the presiding officer of the interagency
coordinating group.
(c) The interagency coordinating group shall:
(1) meet periodically at the call of the presiding officer;
(2) work across state agencies and with the State Commission on
National and Community Service to facilitate the removal of
unnecessary interagency barriers to partnerships between state
agencies and faith- and community-based organizations; and
(3) operate in a manner that promotes effective partnerships
between those agencies and organizations to serve residents of
this state who need assistance.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.054. REPORTS. (a) A liaison designated under Section
535.051 shall:
(1) provide periodic reports to the executive commissioner or
other chief executive officer who designated the liaison, as
applicable, on a schedule determined by the person who designated
the liaison; and
(2) report annually to the governor's office of faith- and
community-based initiatives and as necessary to the State
Commission on National and Community Service regarding the
liaison's efforts to comply with the duties imposed under
Sections 535.052 and 535.053.
(b) Each report made under Subsection (a)(2) must be made
available to the public through posting on the office of the
governor's Internet website, and the reports may be aggregated
into a single report for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
SUBCHAPTER C. RENEWING OUR COMMUNITIES ACCOUNT
Sec. 535.101. DEFINITION. In this subchapter, "account" means
the renewing our communities account.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.102. PURPOSES OF SUBCHAPTER. Recognizing that faith-
and community-based organizations provide a range of vital
charitable services to persons in this state, the purposes of
this subchapter are to:
(1) increase the impact and effectiveness of those
organizations;
(2) forge stronger partnerships between those organizations and
state government so that communities are empowered to serve
persons in need and community capacity for providing services is
strengthened; and
(3) create a funding mechanism that builds on the established
efforts of those organizations and operates to create new
partnerships in local communities for the benefit of this state.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.103. RENEWING OUR COMMUNITIES ACCOUNT. (a) The
renewing our communities account is an account in the general
revenue fund that may be appropriated only to the commission for
the purposes and activities authorized by this subchapter and for
reasonable administrative expenses under this subchapter.
(b) The account consists of:
(1) all money appropriated for the purposes of this subchapter;
(2) any gifts, grants, or donations received for the purposes of
this subchapter; and
(3) interest earned on money in the account.
(c) The account is exempt from the application of Section
403.095.
(d) The purposes of the account are to:
(1) increase the capacity of faith- and community-based
organizations to provide charitable services and to manage human
resources and funds;
(2) assist local governmental entities in establishing local
offices to promote faith- and community-based initiatives; and
(3) foster better partnerships between state government and
faith- and community-based organizations.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.104. POWERS AND DUTIES REGARDING ACCOUNT. (a) The
commission shall:
(1) contract with the State Commission on National and Community
Service to administer funds appropriated from the account in a
manner that:
(A) consolidates the capacity of and strengthens national
service and community and faith- and community-based initiatives;
and
(B) leverages public and private funds to benefit this state;
(2) develop a competitive process to be used in awarding grants
from account funds that is consistent with state law and includes
objective selection criteria;
(3) oversee the delivery of training and other assistance
activities under this subchapter;
(4) develop criteria limiting awards of grants under Section
535.105(1)(A) to small and medium-sized faith- and
community-based organizations that provide charitable services to
persons in this state;
(5) establish general state priorities for the account;
(6) establish and monitor performance and outcome measures for
persons to whom grants are awarded under this subchapter; and
(7) establish policies and procedures to ensure that any money
appropriated from the account to the commission that is allocated
to build the capacity of a faith-based organization or for a
faith-based initiative, including money allocated for the
establishment of the advisory committee under Section 535.108, is
not used to advance a sectarian purpose or to engage in any form
of proselytization.
(b) Instead of contracting with the State Commission on National
and Community Service under Subsection (a)(1), the commission may
award account funds appropriated to the commission to the State
Commission on National and Community Service in the form of a
grant.
(c) Any funds awarded to the State Commission on National and
Community Service under a contract or through a grant under this
section must be administered in the manner required by this
subchapter, including Subsection (a)(1).
(d) The commission or the State Commission on National and
Community Service, in accordance with the terms of the contract
or grant, as applicable, may:
(1) directly, or through agreements with one or more entities
that serve faith- and community-based organizations that provide
charitable services to persons in this state:
(A) assist faith- and community-based organizations with:
(i) writing or managing grants through workshops or other forms
of guidance;
(ii) obtaining legal assistance related to forming a corporation
or obtaining an exemption from taxation under the Internal
Revenue Code; and
(iii) obtaining information about or referrals to entities that
provide expertise in accounting, legal, or tax issues, program
development matters, or other organizational topics;
(B) provide information or assistance to faith- and
community-based organizations related to building the
organizations' capacity for providing services;
(C) facilitate the formation of networks, the coordination of
services, and the sharing of resources among faith- and
community-based organizations;
(D) in cooperation with existing efforts, if possible, conduct
needs assessments to identify gaps in services in a community
that present a need for developing or expanding services;
(E) work with faith- and community-based organizations to
identify the organizations' needs for improvements in their
internal capacity for providing services;
(F) provide faith- and community-based organizations with
information on and assistance in identifying or using practices
with demonstrated effectiveness for delivering charitable
services to persons, families, and communities and in replicating
charitable services programs that have demonstrated
effectiveness; and
(G) encourage research into the impact of organizational
capacity on program delivery for faith- and community-based
organizations;
(2) assist a local governmental entity in creating a better
partnership between government and faith- and community-based
organizations to provide charitable services to persons in this
state; and
(3) use funds appropriated from the account to provide matching
money for federal or private grant programs that further the
purposes of the account as described by Section 535.103(d).
(e) The commission shall monitor the use of the funds
administered by the State Commission on National and Community
Service under a contract or through a grant under this section to
ensure that the funds are used in a manner consistent with the
requirements of this subchapter. Records relating to the award
of a contract or grant to the State Commission on National and
Community Service, or to grants awarded by that entity, and
records relating to other uses of the funds are public
information subject to Chapter 552.
(f) If the commission contracts with or awards a grant to the
State Commission on National and Community Service under this
section, this subchapter may not be construed to:
(1) release that entity from any regulations or reporting or
other requirements applicable to a contractor or grantee of the
commission;
(2) impose regulations or reporting or other requirements on
that entity that do not apply to other contractors or grantees of
the commission solely because of the entity's status;
(3) alter the nonprofit status of that entity or the
requirements for maintaining that status; or
(4) convert that entity into a governmental entity because of
the receipt of account funds through the contract or grant.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.105. ADMINISTRATION OF ACCOUNT FUNDS. If under Section
535.104 the commission contracts with or awards a grant to the
State Commission on National and Community Service, that entity:
(1) may award grants from funds appropriated from the account
to:
(A) faith- and community-based organizations that provide
charitable services to persons in this state for
capacity-building purposes; and
(B) local governmental entities to provide seed money for local
offices for faith- and community-based initiatives; and
(2) shall monitor performance and outcome measures for persons
to whom that entity awards grants using the measures established
by the commission under Section 535.104(a)(6).
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.106. REPORTS AND PUBLIC INFORMATION. (a) The
commission shall provide a link on the commission's Internet
website to the Internet website of the State Commission on
National and Community Service if the commission contracts with
or awards a grant to that entity under Section 535.104. The
entity's Internet website must provide:
(1) a list of the names of each person to whom the entity
awarded a grant from money appropriated from the account and the
amount and purpose of the grant; and
(2) information regarding the methods by which the public may
request information about those grants.
(b) If awarded a contract or grant under Section 535.104, the
State Commission on National and Community Service must provide
to the commission periodic reports on a schedule determined by
the executive commissioner. The schedule of periodic reports
must include an annual report that includes:
(1) a specific accounting with respect to the use by that entity
of money appropriated from the account, including the names of
persons to whom grants have been awarded and the purposes of
those grants; and
(2) a summary of the efforts of the faith- and community-based
liaisons designated under Section 535.051 to comply with the
duties imposed by and the purposes of Sections 535.052 and
535.053.
(c) The commission shall post the annual report made under
Subsection (b) on the commission's Internet website and shall
provide copies of the report to the governor, the lieutenant
governor, and the members of the legislature.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
For expiration of this section, see Subsection (e).
Sec. 535.107. TASK FORCE ON STRENGTHENING NONPROFIT CAPACITY.
(a) The executive commissioner, in consultation with the
governor, shall establish a task force to make recommendations
for strengthening the capacity of faith- and community-based
organizations for managing human resources and funds and
providing services. The members of the task force must include:
(1) representatives from state agencies, nonprofit
organizations, the academic community, and the foundation
community; and
(2) other individuals who have expertise that would be valuable
to the task force.
(b) Using money appropriated from the account, the task force
shall hold at least three public hearings in various geographic
areas of this state, at least one of which must be outside of
Central Texas. The task force shall hear testimony at the
hearings regarding strengthening the capacity of faith- and
community-based organizations to manage human resources and funds
and provide services.
(c) The task force is not required to hold a public hearing if
the remaining money appropriated from the account to the
commission for the state fiscal biennium is insufficient for the
performance of the duties or activities under this subchapter.
(d) The task force shall present a report and legislative
recommendations to the House Committee on Human Services or its
successor, the House Committee on Public Health or its successor,
and the Senate Health and Human Services Committee or its
successor not later than September 1, 2010, regarding its
recommendations.
(e) This section expires September 1, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.
Sec. 535.108. RENEWING OUR COMMUNITIES ACCOUNT ADVISORY
COMMITTEE. (a) The executive commissioner shall appoint leaders
of faith- and community-based organizations in this state to
serve on the renewing our communities account advisory committee.
The advisory committee members must be representative of the
religious, cultural, and geographic diversity of this state and
the diversity of organization types and sizes in this state.
(b) The advisory committee shall make recommendations to the
executive commissioner regarding the powers and duties with
respect to the account as described by Section 535.104.
(c) Except as otherwise provided by this subsection, the
advisory committee shall meet at least twice each calendar year.
The advisory committee is not required to meet if the remaining
amount appropriated from the account to the commission for the
state fiscal biennium is insufficient for the performance of any
duties or activities under this subchapter.
(d) Chapter 2110 does not apply to the advisory committee.
(e) The advisory committee is subject to Chapter 551.
Added by Acts 2009, 81st Leg., R.S., Ch.
259, Sec. 1(a), eff. May 30, 2009.