Texas Administrative Code

TEXAS ADMINISTRATIVE CODE (TITLE 1, PART 1, CHAPTER 3)

OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION

(Effective OCTOBER 19, 2008)

SUBCHAPTER A. GENERAL GRANT PROGRAM PROVISIONS 3

Section 3.1 Applicability 3

Section 3.3 Definitions 3

Section 3.5 Grant Submission Process 5

Section 3.7 Selection Process 5

Section 3.9 Grant Funding Decisions 6

Section 3.11 Grant Acceptance 6

Section 3.17 Federal Funding 6

Section 3.19 Adoptions by Reference 7

Section 3.21 Use of the Internet 8

Section 3.23 Delegation of Authority 8

Section 3.25 Suspension of Rules 8

SUBCHAPTER B. GENERAL GRANT PROGRAM POLICIES 9

DIVISION 1. ELIGIBILITY REQUIREMENTS 9

Section 3.51 Community Plans 9

Section 3.53 Juvenile Justice and Youth Projects 9

Section 3.55 Prohibitions 10

DIVISION 2. GRANT BUDGET REQUIREMENTS 10

Section 3.71 Grant Budgets 10

Section 3.73 Matching Funds Policy 11

Section 3.75 Personnel 12

Section 3.77 Professional and Contractual Services 12

Section 3.79 Transportation, Travel, and Training 13

Section 3.81 Equipment 13

Section 3.83 Supplies and Direct Operating Expenses 13

Section 3.85 Indirect Costs 13

Section 3.87 Program Income 14

SUBCHAPTER D. CONDITIONS OF GRANT FUNDING 15

Section 3.2001 Special Conditions 15

Section 3.2009 Cooperative Working Agreement 15

Section 3.2013 Pre-Approval Requirements for Procurement 15

Section 3.2021 Resolutions 16

Section 3.2023 Tax-Exempt and Nonprofit Information 16

Section 3.2025 Civil Rights Liaison 16

SUBCHAPTER E. ADMINISTERING GRANTS 17

Section 3.2501 Grant Officials 17

Section 3.2503 Obligating Funds 17

Section 3.2505 Retention of Records 18

Section 3.2507 Expenditure Reports and Reimbursement 18

Section 3.2509 Equipment Inventory Reports 18

Section 3.2513 Grant Adjustments 19

Section 3.2515 Bonding 19

Section 3.2517 Remedies for Noncompliance 19

Section 3.2519 Grant Reduction or Termination 20

Section 3.2521 Payment of Outstanding Liabilities 20

Section 3.2523 Violations of Laws 20

Section 3.2525 Evaluating Project Effectiveness 20

Section 3.2527 Grantee Reports 21

Section 3.2529 Grant Management 21

SUBCHAPTER F. PROGRAM MONITORING AND AUDITS 22

Section 3.2601 Monitoring 22

Section 3.2603 Audits Not Performed by CJD 22

SUBCHAPTER G. CRIMINAL JUSTICE DIVISION ADVISORY BOARDS 24

DIVISION 1. CRIME STOPPERS ADVISORY COUNCIL 24

Section 3.8100 Establishment 24

Section 3.8105 General Powers 24

Section 3.8110 Composition 24

Section 3.8115 Meetings 24

Section 3.8120 Compensation 24

DIVISION 2. GOVERNOR’S JUVENILE JUSTICE ADVISORY BOARD 25

Section 3.8200 Establishment 25

Section 3.8205 General Powers 25

Section 3.8210 Composition 25

Section 3.8215 Meetings 25

Section 3.8220 Compensation 25

DIVISION 3. GOVERNOR’S S.T.O.P. VIOLENCE AGAINST WOMEN PLANNING COUNCIL 26

Section 3.8300 Establishment 26

Section 3.8305 General Powers 26

Section 3.8310 Composition 26

Section 3.8315 Meetings 26

Section 3.8320 Compensation 26

SUBCHAPTER H. CRIME STOPPERS PROGRAM CERTIFICATION 27

DIVISION 1. CRIME STOPPERS PROGRAM CERTIFICATION 27

Section 3.9000 Certification 27

Section 3.9005 Decertification 29

Section 3.9010 Annual Probation Fee and Repayment Report 30

Section 3.9013 Quarterly Statistical Reports 30

Section 3.9015 Review 30

SUBCHAPTER I. MEMORANDUM OF UNDERSTANDING 32

Section 3.9300 Texas Department of Public Safety 32

Figure: 1 TAC 3.9300 33

SUBCHAPTER J. STATE PLANNING ASSISTANCE GRANTS 35

Section 3.9400 Definitions 35

Section 3.9405 General Regulations 35

Section 3.9410 Financial Audit Requirements 36

Section 3.9415 State Planning Assistance Grant Application 36

Section 3.9420 Salary Schedules 37

Section 3.9425 Restrictions on COG Costs 37

Section 3.9430 Reports 38

Section 3.9435 Sanctions 39

SUBCHAPTER A. GENERAL GRANT PROGRAM PROVISIONS

Section 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 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.

Section 3.3 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless otherwise indicated:

(1) CJAC: Criminal Justice Advisory Committee, a component of a COG. A CJAC must have a multi-disciplinary representation of members from the region. This representation must contain members from the following groups: concerned citizens or parents, drug abuse prevention, education, juvenile justice, law enforcement, mental health, nonprofit organizations, prosecution/courts, and victim services. No single group may constitute more than one third of the CJAC;

(2) CJD: The Criminal Justice Division of the Office of the Governor or its designee;

(3) COG: a regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Texas Local Government Code;

(4) executive director: the executive director of CJD;

(5) grantee: an agency or organization that receives a grant award;

(6) grant funds: CJD-funded and matching funds portions of a grant project;

(7) OJP Financial Guide: the financial guide issued by the federal Office of Justice Programs, United States Department of Justice, applicable to the use of federal Department of Justice money in state grant projects;

(8) special condition: a condition placed on a grant because of a need for information, clarification, or submission of an outstanding requirement of the grant that may result in a hold being placed on the CJD-funded portion of a grant project;

(9) UGMS: the Uniform Grant Management Standards promulgated by the Governor's Office of Budget and Planning at 1 Texas Administrative Code (TAC) §§5.141 - 5.167;

(10) approved budget categories: budget categories (including personnel, contractual and professional services, travel, equipment, construction, supplies and other direct operating expenses, and indirect costs) that contain a line item with a dollar amount greater than zero that is approved by CJD through a grant award or a budget adjustment;

(11) applicant: an agency or organization that has submitted a grant application or grant renewal documentation;

(12) program income: gross income earned by the grantee during the funding period as a direct result of the award. "Direct result" is defined as a specific act or set of activities that are directly attributable to grant funds and that are directly related to the goals and objectives of the project. Program income includes, but is not limited to, forfeitures, fees, cash contributions, donations, restitution, interest income, and royalties. Drug court fees collected pursuant to §469.004, Texas Health and Safety Code, are not considered program income;

(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) matching funds: the grantee's share of the project costs. Matching funds may either be cash or in-kind. Cash match includes actual cash spent by the grantee and must have a cost relationship to the award that is being matched. In-kind match includes the value of donated services. In-kind match is allowed only in the following funding sources: Title V Delinquency Prevention Fund, Victims of Crime Act Fund, and S.T.O.P. Violence Against Women Act Fund.

§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) the applicable funding source or sources;

(2) the types of grants available;

(3) information regarding deadlines for grant application submission;

(4) the maximum and minimum amounts of funding available for a grant, if applicable;

(5) the start dates for grants, and the length of grant periods;

(6) how applicants may access application kits;

(7) where applicants must submit applications;

(8) eligibility requirements;

(9) the selection process;

(10) any prohibitions on the use of grant funds; and

(11) contact information.

(b) CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with §3.7(b) of this chapter.

Section 3.5 Grant Submission Process

(1) the applicable funding source or sources;

(2) the types of grants available;

(3) information regarding deadlines for grant application submission;

(4) the maximum and minimum amounts of funding available for a grant, if applicable;

(5) the start dates for grants, and the length of grant periods;

(6) how applicants may obtain application kits;

(7) where applicants must submit applications;

(8) eligibility requirements;

(9) the selection process;

(10) any prohibitions on the use of grant funds; and

(11) contact information.

(b) CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with §3.7(b) of this chapter.

Section 3.7 Selection Process

(a) All applications must be submitted to CJD. Applications submitted to CJD are reviewed for eligibility, reasonableness, availability of funding, and cost-effectiveness. For applications submitted pursuant to an RFA, the executive director will select a review group, COG, or other designee to prioritize the applications and submit a priority listing to the executive director, who will render the final funding decision. A review group may include staff members, experts in a relevant field, and members of an advisory board or council.

(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) the inherent value of the project's impact;

(2) whether the project has the potential to be a model program; or

(3) whether delaying the application would have a significant negative impact on the area proposed to be served.

(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. 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) 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) CJD will inform applicants 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.

Section 3.9 Grant Funding Decisions

(a) All grant funding decisions rest completely within the discretionary authority of CJD. The receipt of an application for grant funding by CJD does not obligate CJD to fund the grant or to fund it at the amount requested.

(b) Neither the approval of a project nor any grant award shall commit or obligate CJD in any way to make any additional, supplemental, continuation, or other award with respect to any approved project or portion thereof.

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

Section 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 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.

Section 3.17 Federal Funding

All grantees receiving state or federal funds must comply with the applicable statutes, rules, regulations, and guidelines related to the 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.

Section 3.19 Adoptions by Reference

(a) Grantees must comply with all applicable state and federal statutes, rules, regulations, and guidelines. In instances where both federal and state requirements apply to a grantee, the more restrictive requirement applies.

(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 §§5.141 - 5.167. These requirements apply to all CJD grants, whether state or federal funds, including grants to nonprofit corporations.

(2) Office of Justice Programs Financial Guide. These requirements apply to grants of federal funds in which the source of the federal funds is the U.S. Department of Justice.

(3) Education Department General Administrative Regulations (EDGAR). See 34 C.F.R. §§74, 75, 76, 77, 79, 80, 81, 82, 85, and 86. These requirements apply to grants of federal funds in which the source of the federal funds is the U.S. Department of Education.