(a) Purpose. This rule establishes procedures for the
deposit of funds into the student benefit fund. The student benefit
fund is used only for the education, recreation, or entertainment
of the youth in residential facilities operated by the Texas Juvenile
Justice Department (TJJD).
(b) General Provisions.
(1) Funds from the following sources are designated
as student benefit funds:
(A) proceeds from canteens or vending machines at TJJD
facilities in excess of the amount required to pay the expense of
operating those canteens or vending machines;
(B) donations for youth activities;
(C) proceeds from youth fund-raising projects; and
(D) contraband money deposited as a consequence of
a Level II due process hearing.
(2) Funds that cannot be accepted in compliance with
state law and this rule must be returned to the donor.
(3) For acceptance of gifts that have an actual or
estimated value of $500 or more, see §385.8170 of this title,
relating to acceptance of gifts of $500 or more.
(4) Student benefit funds may be used only to:
(A) provide education, recreation, or entertainment
to youth committed to TJJD; and
(B) reimburse youth for personal property lost or damaged
as a result of staff negligence in accordance with §380.9107
of this title.
(5) Expenditures must be justified to show no preferential
treatment of certain individuals or groups of youth. However, expenditures
are not required to benefit every youth each time.
(6) Donations must be used for the purpose designated
by the donor unless state law prohibits such expenditure.
(7) Student benefit funds are maintained in the Comptroller
of Public Accounts - Treasury Operations. All expenditures must conform
to state purchasing rules and regulations and other laws and regulations
regarding general revenue fund expenditures except as necessary to
reimburse youth under paragraph (4) of this subsection.
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Source Note: The provisions of this §385.9971 adopted to be effective November 8, 2005, 30 TexReg 7233; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123 |