(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.

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