73R7807 JMM-F
By A. Smith of Harris H.B. No. 1610
Substitute the following for H.B. No. 1610:
By Oliveira C.S.H.B. No. 1610
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to workforce development, investment in human resources,
1-3 the organization, administration, and operation of state agencies
1-4 providing these services, and the creation of the Council on
1-5 Workforce and Economic Competitiveness.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. PURPOSE. The purpose of this Act is to improve
1-8 the efficiency and effectiveness of state and federal programs for
1-9 literacy, adult education, vocational education, job training, and
1-10 employment services through the creation of the Council on
1-11 Workforce and Economic Competitiveness to advise the governor and
1-12 the legislature with regard to strategic planning, policy
1-13 development, and the evaluation of programs in this state to
1-14 prepare a quality workforce as the key element of the state's
1-15 economic development strategy.
1-16 SECTION 2. SHORT TITLE. This Act may be cited as the
1-17 Workforce and Economic Competitiveness Act.
1-18 SECTION 3. DEFINITIONS. In this Act:
1-19 (1) "Council" means the Council on Workforce and
1-20 Economic Competitiveness.
1-21 (2) "Executive director" means the executive director
1-22 of the Council on Workforce and Economic Competitiveness.
1-23 (3) "Human resource investment council" means a human
1-24 resource investment council under the Job Training Reform Amendment
2-1 (Pub. L. No. 102-367, Section 701 et seq., 106 Stat. 1099-1113
2-2 (1992)) and its subsequent amendments.
2-3 SECTION 4. CREATION OF COUNCIL. The Council on Workforce
2-4 and Economic Competitiveness is created as a state agency to act as
2-5 a human resources investment council.
2-6 SECTION 5. MEMBERSHIP OF COUNCIL. (a) The council shall
2-7 consist of 30 public members appointed by the governor and 12 ex
2-8 officio members as provided by Subsection (b) of this section.
2-9 (b) The membership of the council includes:
2-10 (1) the following ex officio voting members:
2-11 (A) the commissioner of education;
2-12 (B) the commissioner of higher education;
2-13 (C) the commissioner of health and human
2-14 services;
2-15 (D) the executive director of the Texas
2-16 Department of Commerce; and
2-17 (E) the administrator of the Texas Employment
2-18 Commission;
2-19 (2) six voting members appointed by the governor who
2-20 represent education, at least one of whom represents local public
2-21 education institutions, one of whom represents postsecondary
2-22 education institutions, and one of whom represents secondary or
2-23 postsecondary vocational education institutions;
2-24 (3) not fewer than six or more than 10 voting members
2-25 who represent organized labor appointed by the governor based on
2-26 recommendations made by recognized labor organizations;
2-27 (4) not fewer than six or more than 10 voting members
3-1 appointed by the governor who represent business and industry,
3-2 including individuals who represent business and industry on
3-3 private industry councils under the Texas Job-Training Partnership
3-4 Act (Article 4413(52), Vernon's Texas Civil Statutes) and its
3-5 subsequent amendments;
3-6 (5) not less than one voting member appointed by the
3-7 governor who represents a community-based organization;
3-8 (6) not less than one voting member appointed by the
3-9 governor who represents a joint sponsored apprenticeship program as
3-10 defined by the United States Department of Labor's Bureau of
3-11 Apprenticeship and Training appointed from a list of three nominees
3-12 submitted to the governor by the Apprenticeship and Training
3-13 Association of Texas;
3-14 (7) additional voting members appointed by the
3-15 governor to make a total of 30 public members from any of the
3-16 following categories:
3-17 (A) literacy groups;
3-18 (B) local welfare or public housing agencies;
3-19 (C) units of local government;
3-20 (D) adult education organizations;
3-21 (E) teachers and counselors;
3-22 (F) local service delivery organizations;
3-23 (G) special needs populations;
3-24 (H) rural and agricultural organizations;
3-25 (I) proprietary schools; and
3-26 (J) other groups and organizations; and
3-27 (8) the following ex officio nonvoting members:
4-1 (A) the chair of the State Board of Education;
4-2 (B) the chairman of the Texas Higher Education
4-3 Coordinating Board;
4-4 (C) the presiding officer of the Texas Board of
4-5 Human Services;
4-6 (D) the presiding officer of the governing board
4-7 of the Texas Department of Commerce;
4-8 (E) the chair of the Texas Employment
4-9 Commission;
4-10 (F) the commissioner of the Texas Rehabilitation
4-11 Commission; and
4-12 (G) the executive director of the Texas
4-13 Commission for the Blind.
4-14 (c) The governor shall designate a member as the presiding
4-15 officer of the council, who serves in that capacity at the pleasure
4-16 of the governor. The presiding officer shall designate a member of
4-17 the council as assistant presiding officer to preside in the
4-18 absence of the presiding officer. An ex officio member is not
4-19 eligible to serve as presiding officer.
4-20 SECTION 6. MEETINGS; TERMS. (a) The council shall meet at
4-21 least quarterly and at other times at the call of the presiding
4-22 officer or as provided by rules adopted by the council.
4-23 (b) Members of the council who do not serve as ex officio
4-24 members serve six-year terms, with one-third of those members'
4-25 terms expiring September 1 of each odd-numbered year. An ex
4-26 officio member shall continue to serve as a member of the council
4-27 as long as the member continues to serve in the applicable office.
5-1 SECTION 7. DESIGNATED REPLACEMENTS. (a) A member of the
5-2 council may designate another person to attend a meeting for the
5-3 member. The designated person may participate in the activities
5-4 and discussions of the council but may not vote.
5-5 (b) An ex officio member of the council may designate
5-6 another person to attend a meeting for the member only if the
5-7 person is a member of the board or commission that the ex officio
5-8 member represents.
5-9 SECTION 8. GROUNDS FOR REMOVAL FROM COUNCIL. (a) It is a
5-10 ground for removal of a member from the council, other than an ex
5-11 officio member, if the member:
5-12 (1) is absent from two consecutive council meetings
5-13 for which the member received notice not less than 48 hours before
5-14 the time of the meeting;
5-15 (2) is unable to discharge the member's duties for the
5-16 remainder of the term for which the member was appointed because of
5-17 illness or other disability;
5-18 (3) is absent from more than one-fourth of the
5-19 regularly scheduled meetings of the council that the member is
5-20 eligible to attend during each calendar year; or
5-21 (4) fails to perform any of the duties established by
5-22 this Act.
5-23 (b) The validity of an action of the council is not affected
5-24 by the fact that it is taken when a ground for removal of a council
5-25 member exists.
5-26 SECTION 9. COUNCIL FUNCTIONS. (a) The council shall:
5-27 (1) promote the development of a well-educated, highly
6-1 skilled workforce in this state through an integrated workforce
6-2 development system providing literacy, adult basic education,
6-3 community education, apprenticeship, and state-of-the-art
6-4 occupational skills education and training programs;
6-5 (2) articulate the relationship and referral mechanism
6-6 between labor exchange services offered by the Texas Employment
6-7 Commission and the state's education and training programs;
6-8 (3) promote and assist in the development of a
6-9 business- and industry-driven skills standards and certification
6-10 system for occupations requiring less than a baccalaureate-level
6-11 education and training;
6-12 (4) recommend a statewide labor market information
6-13 system to allow access to current information regarding job
6-14 availability and skills requirements to job applicants, employers,
6-15 training and education programs, and other entities that need the
6-16 services and information;
6-17 (5) ensure that occupational skills training is
6-18 provided in occupations that are currently in demand at the local
6-19 level and is directed toward high-skill and high-wage jobs;
6-20 (6) recommend to the governor the designation of
6-21 workforce development regions for the local planning and delivery
6-22 of workforce development programs and the development of an
6-23 incentive system for the consolidation of boards and councils at
6-24 the local level;
6-25 (7) develop and recommend to the governor, in concert
6-26 with the appropriate economic and human resource development
6-27 agencies, a strategic plan for the state's workforce development
7-1 effort;
7-2 (8) recommend to the governor the goals, objectives,
7-3 and performance standards to guide and evaluate the state and
7-4 federal workforce development programs through student and client
7-5 outcomes;
7-6 (9) review the state's education, workforce
7-7 development, and human services programs and systems and make
7-8 recommendations to the governor regarding opportunities for
7-9 coordination that would improve the quality of services with
7-10 immediate attention to standardizing intake, eligibility,
7-11 assessment, case management, and referral for participants in
7-12 federal workforce development programs;
7-13 (10) evaluate the outcomes and make recommendations
7-14 concerning the operation and outputs of all state and federal
7-15 workforce development programs; and
7-16 (11) carry out the federal and state mandated duties
7-17 and responsibilities for all advisory councils under applicable
7-18 federal and state workforce development programs.
7-19 (b) The council shall assume the duty to:
7-20 (1) participate with appropriate state agencies and
7-21 recommend to the governor and others state plans required by
7-22 applicable federal laws in order for the state to receive federal
7-23 funds;
7-24 (2) make policy recommendations to the governor
7-25 regarding goals and priorities for both formula and discretionary
7-26 funds for all applicable programs;
7-27 (3) participate directly in the development of the
8-1 master plan for vocational education, as required by law, and
8-2 recommend the plan to the State Board of Education, the Higher
8-3 Education Coordinating Board, and the governor;
8-4 (4) ensure that general revenue funds available for
8-5 literacy activity are used to support the efforts of local literacy
8-6 councils in a manner consistent with the state strategic plan;
8-7 (5) recommend to the State Board of Vocational
8-8 Education the division of federal funds between secondary and
8-9 postsecondary educational agencies under the Carl D. Perkins
8-10 Vocational and Applied Technology Education Act (20 U.S.C. Section
8-11 2301 et seq.) and its subsequent amendments;
8-12 (6) make recommendations as appropriate to the Texas
8-13 Employment Commission and its members regarding unemployment
8-14 insurance issues pertinent to the work of the council;
8-15 (7) recommend formulas and procedures to be used in
8-16 requesting appropriations of state funds for apprenticeship
8-17 training and the forms, formulas, and procedures to distribute the
8-18 funds; and
8-19 (8) provide to the governor a two-year work plan that
8-20 shows the projects and areas of review to be conducted by the
8-21 council and that must be submitted not later than August 31 of each
8-22 year.
8-23 (c) In addition to the council's powers and duties under
8-24 Subsections (a) and (b) of this section, the council may:
8-25 (1) adopt rules necessary and essential to the
8-26 internal functions and duties of the council but not rules related
8-27 to the operation of a program;
9-1 (2) make expenditures, enter into contracts with
9-2 public, private, and nonprofit organizations or state agencies,
9-3 require reports to be made, conduct investigations, and take other
9-4 actions necessary or suitable to fulfill the council's duties under
9-5 this Act;
9-6 (3) delegate to the executive director any power or
9-7 duty imposed on the council by law, including the authority to make
9-8 a final order or decision but not including the authority to adopt
9-9 rules;
9-10 (4) provide for the mediation or arbitration of
9-11 disputes between agencies that perform functions for federal
9-12 programs as provided by this Act;
9-13 (5) accept gifts, grants, and donations of money,
9-14 goods, or services to be used only to accomplish the council's
9-15 duties under this Act; and
9-16 (6) enter into agreements with other state agencies to
9-17 implement this Act, including agreements to share employees with
9-18 another state agency.
9-19 SECTION 10. SUBCOMMITTEES; TECHNICAL ADVISORY COMMITTEES.
9-20 (a) The presiding officer of the council may appoint subcommittees
9-21 consisting of members of the council for any purpose consistent
9-22 with the duties and responsibilities of the council under this Act.
9-23 (b) The presiding officer of the council may appoint
9-24 technical advisory committees composed of council members or
9-25 persons who are not council members, or both members and
9-26 nonmembers.
9-27 SECTION 11. TRANSFER OF STATE ADVISORY COUNCIL
10-1 RESPONSIBILITIES. (a) The council shall assume the
10-2 responsibilities assigned to the state advisory council under the
10-3 following federal laws:
10-4 (1) the Job Training Partnership Act (29 U.S.C.
10-5 Section 1501 et seq.) and its subsequent amendments;
10-6 (2) the Carl D. Perkins Vocational and Applied
10-7 Technology Education Act (20 U.S.C. Section 2301 et seq.) and its
10-8 subsequent amendments;
10-9 (3) the National and Community Service Act of 1990 (42
10-10 U.S.C. Section 12501 et seq.) and its subsequent amendments;
10-11 (4) the Adult Education Act (20 U.S.C. Section 1201 et
10-12 seq.) and its subsequent amendments;
10-13 (5) the Wagner-Peyser Act (29 U.S.C. Section 49 et
10-14 seq.) and its subsequent amendments;
10-15 (6) Part F, Subchapter IV, Social Security Act (42
10-16 U.S.C. Section 681 et seq.), and its subsequent amendments;
10-17 (7) the employment program established under Section
10-18 6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)), and
10-19 its subsequent amendments; and
10-20 (8) the National Literacy Act and its subsequent
10-21 amendments.
10-22 (b) The council shall assume the responsibilities formerly
10-23 exercised by the following state advisory councils:
10-24 (1) the State Job Training Coordinating Council;
10-25 (2) the Texas Council on Vocational Education;
10-26 (3) the technical advisory committee to the State
10-27 Occupational Information Coordinating Council;
11-1 (4) the Texas Literacy Council; and
11-2 (5) the Apprenticeship and Training Advisory
11-3 Committee.
11-4 SECTION 12. FISCAL AGENT. The council may designate another
11-5 state agency to serve as the council's fiscal agent if the
11-6 designated agent agrees to the designation.
11-7 SECTION 13. EXECUTIVE DIRECTOR; COUNCIL STAFF. (a) The
11-8 governor, with the advice and consent of the senate, shall appoint
11-9 an executive director for the council. The executive director
11-10 shall serve a two-year term.
11-11 (b) The executive director shall:
11-12 (1) perform duties assigned by the council and under
11-13 state law;
11-14 (2) administer the day-to-day operations of the
11-15 council;
11-16 (3) appoint officers, accountants, attorneys, experts,
11-17 and other employees for the council and assign duties for those
11-18 employees as necessary in the performance of the council's powers
11-19 and duties under this Act;
11-20 (4) delegate authority to persons appointed under this
11-21 section as the executive director considers to be reasonable and
11-22 proper for the effective administration of the council; and
11-23 (5) perform other duties assigned by this Act.
11-24 (c) The executive director may adopt the administrative and
11-25 personnel procedures of the council's fiscal agent rather than
11-26 adopt new procedures for the council.
11-27 (d) The council shall have an independent staff with
12-1 sufficient expertise to perform all duties and responsibilities
12-2 assigned to the council under this Act and under state and federal
12-3 law.
12-4 (e) The executive director of the State Occupational
12-5 Information Coordinating Council shall report to the executive
12-6 director of the council and shall provide labor market information,
12-7 information relevant to workforce program evaluation, and staff
12-8 technical assistance to the council and its staff as necessary.
12-9 The executive director of the State Occupational Information
12-10 Coordinating Council may enter into contracts for products and
12-11 services with State Occupational Information Coordinating Council
12-12 membership agencies and other organizations if consistent with the
12-13 state strategic plan.
12-14 SECTION 14. PERSONNEL POLICIES. (a) The executive director
12-15 of the council shall develop an intra-agency career ladder program.
12-16 The program shall require the intra-agency posting of all
12-17 nonentry-level positions concurrently with any public posting.
12-18 (b) The executive director shall develop a system of annual
12-19 performance evaluations based on measurable job tasks. All merit
12-20 pay for council employees must be based on the system established
12-21 under this subsection.
12-22 SECTION 15. STANDARDS OF CONDUCT INFORMATION. The executive
12-23 director shall provide to the council's members and employees, as
12-24 often as necessary, information regarding their qualifications for
12-25 office or employment under this Act and their responsibilities
12-26 under applicable laws relating to standards of conduct for state
12-27 officers and employees.
13-1 SECTION 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
13-2 executive director shall prepare and maintain a written policy
13-3 statement to ensure implementation of a program of equal employment
13-4 opportunity under which all personnel transactions are made without
13-5 regard to race, color, disability, sex, religion, age, or national
13-6 origin. The policy statement must include:
13-7 (1) personnel policies, including policies relating to
13-8 recruitment, evaluation, selection, application, training, and
13-9 promotion of personnel that are in compliance with the Commission
13-10 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
13-11 and its subsequent amendments;
13-12 (2) a comprehensive analysis of the council's
13-13 workforce that meets federal and state guidelines;
13-14 (3) procedures by which a determination can be made of
13-15 significant underuse in the council's workforce of all persons for
13-16 whom federal or state guidelines encourage a more equitable
13-17 balance; and
13-18 (4) reasonable methods to appropriately address those
13-19 areas of underuse.
13-20 (b) A policy statement under Subsection (a) of this section
13-21 must cover an annual period, be updated annually, be reviewed by
13-22 the Commission on Human Rights for compliance with Subsection
13-23 (a)(1) of this section, and be filed with the governor's office.
13-24 (c) The governor's office shall deliver a biennial report to
13-25 the legislature based on the information received under Subsection
13-26 (b) of this section. The report may be made separately or as part
13-27 of other biennial reports to the legislature.
14-1 SECTION 17. COUNCIL RECOMMENDATIONS; COOPERATION WITH STATE
14-2 AGENCIES. (a) The council shall develop recommendations
14-3 periodically in each of the council's areas of responsibility and
14-4 shall submit the recommendations to the governor.
14-5 (b) The governor shall consider the recommendations
14-6 submitted under this section. The governor shall approve,
14-7 disapprove, or modify the recommendations and return the
14-8 recommendations to the council to be forwarded as appropriate. A
14-9 recommendation that is approved or modified that requires a change
14-10 in state or federal law shall be forwarded to the appropriate
14-11 legislative body for consideration.
14-12 (c) A recommendation that is not returned to the council by
14-13 the governor before the 60th day after the date the recommendation
14-14 is submitted shall be considered to be approved by the governor.
14-15 On receipt of a recommendation by the governor, the council shall
14-16 forward the recommendation to the appropriate state agency for
14-17 action.
14-18 (d) State agencies that are responsible for the
14-19 administration of human resources and workforce development
14-20 programs in this state shall cooperate with the council to
14-21 implement the recommendations to the extent possible.
14-22 (e) A state agency and other appropriate advisory groups
14-23 designated by the council shall:
14-24 (1) provide requested information to the council in a
14-25 timely manner;
14-26 (2) report on the implementation of the council's
14-27 recommendations at the time and in the format requested by the
15-1 council; and
15-2 (3) notify the governor, the executive director, and
15-3 the presiding officer of the council if the agency determines that
15-4 a recommendation cannot be implemented.
15-5 (f) A recommendation approved by the governor with regard to
15-6 the state or federal Job Training Partnership Act shall be
15-7 implemented by the agency responsible for the administration of
15-8 that Act as required by federal law.
15-9 SECTION 18. STRATEGIC PLAN. (a) In addition to the other
15-10 requirements of this Act, the strategic plan recommended by the
15-11 council shall recognize and address literacy and basic education as
15-12 activities that are critical to the well-being of individuals and
15-13 the state without regard to whether the training and education is
15-14 directed at preparing an individual for employment.
15-15 (b) On approval of the plan by the governor, an agency
15-16 represented on the council shall use the strategic plan to develop
15-17 the agency's strategic and operational plan.
15-18 SECTION 19. FUNDING. (a) Federal funding for the operation
15-19 of the council shall be allocated according to federal
15-20 requirements.
15-21 (b) A state agency represented on the council shall provide
15-22 funds for the support of the council in proportion to the agency's
15-23 financial participation in the workforce development system. The
15-24 legislature shall appropriate funds to the council on the basis of
15-25 this subsection.
15-26 SECTION 20. APPLICATION OF SUNSET ACT. The Council on
15-27 Workforce and Economic Competitiveness is subject to Chapter 325,
16-1 Government Code (Texas Sunset Act). Unless continued in existence
16-2 as provided by that chapter, the council is abolished on September
16-3 1, 2001.
16-4 SECTION 21. CONFORMING AMENDMENT. Section 31.03(1),
16-5 Education Code, is amended to read as follows:
16-6 (1) "Council" means the <Texas> Council on Workforce
16-7 and Economic Competitiveness <Vocational Education>.
16-8 SECTION 22. CONFORMING AMENDMENT. Section 33.01(5),
16-9 Education Code, is amended to read as follows:
16-10 (5) "Advisory committee" means the Council on
16-11 Workforce and Economic Competitiveness <Apprenticeship and Training
16-12 Advisory Committee to the State Board of Vocational Education>.
16-13 SECTION 23. CONFORMING AMENDMENT. Section 5, Texas
16-14 Job-Training Partnership Act (Article 4413(52), Vernon's Texas
16-15 Civil Statutes), is amended to read as follows:
16-16 Sec. 5. Administration. (a) <A job-training and employment
16-17 staff is established within the governor's office. The staff
16-18 shall:>
16-19 <(1) have responsibility for policy development,
16-20 program planning, monitoring, and evaluation of these programs in
16-21 coordination with existing state agencies as provided under the Job
16-22 Training Partnership Act;>
16-23 <(2) provide staff support as directed by the governor
16-24 for the State Job Training Coordinating Council; and>
16-25 <(3) perform such other functions and duties relating
16-26 to the job-training, employment, and related programs as may be
16-27 required by law or assigned by the governor.>
17-1 <(b)> The Texas Department of Commerce shall:
17-2 (1) have primary responsibility for implementation and
17-3 management of the job-training program; and
17-4 (2) perform such other functions and duties relating
17-5 to the job-training program as may be required by law or assigned
17-6 by the governor.
17-7 (b) The Texas Department of Commerce shall assist and
17-8 coordinate with the Council on Workforce and Economic
17-9 Competitiveness in performing the department's functions under this
17-10 Act.
17-11 SECTION 24. CONFORMING AMENDMENT. Section 6A, Texas
17-12 Job-Training Partnership Act (Article 4413(52), Vernon's Texas
17-13 Civil Statutes), is amended to read as follows:
17-14 Sec. 6A. Audit information. (a) In order to obtain
17-15 information necessary to monitor the progress of the implementation
17-16 of this Act, the Council on Workforce and Economic Competitiveness
17-17 and the joint committee created under Section 6 of this Act are
17-18 <is> entitled to receive the results of audits that relate to state
17-19 and local job-training plans as provided by this section. The
17-20 committee may prescribe the form in which the information is
17-21 reported to the committee.
17-22 (b) The State Auditor shall submit to the Council on
17-23 Workforce and Economic Competiveness and the committee any results
17-24 of a financial audit, effectiveness audit, or compliance audit
17-25 conducted by the State Auditor under Section 321.013, Government
17-26 Code, that relate to the operation of an employment, job-training,
17-27 or related program administered by a state agency.
18-1 (c) The Private Industry Council and appropriate chief
18-2 elected official of each service delivery area shall submit to the
18-3 State Auditor the results of any audit conducted under Section 9 of
18-4 this Act that relates to the operation of the service delivery
18-5 area's program of job-training, employment, or related services.
18-6 The information shall be submitted in the manner directed by the
18-7 State Auditor. Based on the information received from each service
18-8 delivery area, the State Auditor shall compile a summary of audit
18-9 results and shall submit the summary in writing to the Council on
18-10 Workforce and Economic Competitiveness <joint committee>.
18-11 SECTION 25. CONFORMING AMENDMENT. Section 8, Texas
18-12 Job-Training Partnership Act (Article 4413(52), Vernon's Texas
18-13 Civil Statutes), is amended to read as follows:
18-14 Sec. 8. State Responsibilities. (a) The legislature may
18-15 <reserves the right to> review and comment on the job-training plan
18-16 submitted from each service delivery area and on the governor's
18-17 coordination and special services plan. The governor's plans shall
18-18 be submitted to the lieutenant governor and the speaker of the
18-19 house not later than February 1 of each odd-numbered year, who
18-20 shall refer the plans to the appropriate senate and house
18-21 committees for review and comment.
18-22 (b) <The state hereby establishes a State Job Training
18-23 Coordinating Council as required by the federal Act, hereinafter
18-24 referred to as the "state council". The state council shall:>
18-25 <(1) be appointed by the governor in accordance with
18-26 the requirements of the federal Act;>
18-27 <(2) have not more than 40 members including the
19-1 chairperson;>
19-2 <(3) meet not less than quarterly;>
19-3 <(4) develop and recommend statewide goals and program
19-4 objectives;>
19-5 <(5) identify needs for training and employment
19-6 services;>
19-7 <(6) review operations of local programs and state
19-8 agencies providing job-training, employment, and related programs
19-9 identified in the federal Act;>
19-10 <(7) establish criteria for coordinating program
19-11 planning and operations;>
19-12 <(8) evaluate the results of state and local training
19-13 and employment services;>
19-14 <(9) develop and recommend the state's coordination
19-15 and special services plan to the governor;>
19-16 <(10) perform the functions formerly conducted by the
19-17 State Coordinating Committee for the work incentive program under
19-18 Title IV of the Social Security Act, the advisory council
19-19 established under the Wagner-Peyser Act (29 U.S.C. 49) and under
19-20 the Texas Unemployment Compensation Act (Article 5221b-1 et seq.,
19-21 Vernon's Texas Civil Statutes);>
19-22 <(11) assist each Private Industry Council in
19-23 developing programs to serve AFDC recipients;>
19-24 <(12) develop conflict-of-interest guidelines relating
19-25 to the participation of a member of a Private Industry Council in a
19-26 contract with the service delivery area administered by that
19-27 Private Industry Council; and>
20-1 <(13) perform such functions and duties relating to
20-2 job-training, employment, and related programs as required by the
20-3 federal Act or as assigned by the governor.>
20-4 <(c)> The governor or the governor's <his> delegated agency
20-5 shall:
20-6 (1) <prepare a statement of goals and objectives for
20-7 job-training and placement programs within the state;>
20-8 <(2)> be responsible for operational <the> planning,
20-9 monitoring, implementing, and evaluating of job-training,
20-10 employment, and related programs as provided for by the federal
20-11 Act;
20-12 (2) <(3) shall> monitor or cause to be monitored not
20-13 less than annually each grant recipient and contractor to assure
20-14 compliance;
20-15 (3) <(4)> prescribe, within parameters established by
20-16 the secretary, variations in the performance standards for programs
20-17 under the federal Act. Such variations shall recognize the
20-18 economic, geographic, and demographic differences in various
20-19 regions of the state;
20-20 (4) <(5) provide specifications for the design,
20-21 development, and operation of a statewide uniform labor market
20-22 information system to facilitate the timely availability of
20-23 employment and training information throughout the state;>
20-24 <(6)> develop and provide to service delivery areas
20-25 information on a state and local area basis regarding economic,
20-26 industrial, and labor market conditions;
20-27 (5) <(7)> plan, provide for the operation of, and
21-1 evaluate special model or demonstration programs (including
21-2 programs receiving financial assistance from private sources);
21-3 (6) <(8)> make available to service delivery areas,
21-4 with or without reimbursement and upon request, appropriate
21-5 information and technical assistance to assist in developing and
21-6 implementing plans and programs;
21-7 (7) <(9)> establish and maintain a computerized
21-8 statewide management information system to collect and maintain the
21-9 financial, participant, and program data necessary to ensure
21-10 program accountability on a monthly basis;
21-11 (8) <(10)> develop and formally issue procedures to
21-12 ensure consistency of definitions, formats, recordkeeping, data
21-13 gathering, and reporting. These procedures shall concern, but not
21-14 be limited to:
21-15 (A) planning and contracting;
21-16 (B) labor market information;
21-17 (C) financial management;
21-18 (D) participant tracking;
21-19 (E) monitoring;
21-20 (F) evaluation;
21-21 (G) audit;
21-22 (H) complaints and grievance procedures;
21-23 (I) personnel standards, including equal
21-24 opportunity compliance;
21-25 (J) property management;
21-26 (9) <(11)> at least once every two years, the governor
21-27 shall provide for an independent audit of each recipient of funds
22-1 authorized under the federal Act;
22-2 (10) <(12)> the governor shall approve or disapprove
22-3 the final local job-training plans and modifications according to
22-4 the criteria established in the federal Act;
22-5 (11) <(13)> submit a coordination and special services
22-6 plan to the secretary of labor in accordance with the requirements
22-7 of the federal Act; and
22-8 (12) <(14)> provide preservice and in-service training
22-9 to improve professional capability of managers and technical staff
22-10 of state agencies, local administrative entities, private industry
22-11 councils, and contractors involved in planning and operating
22-12 programs.
22-13 <(d) All state agencies providing employment, job-training,
22-14 and related programs shall provide to the state council information
22-15 for planning, reviewing program operations, and evaluating program
22-16 results as required by the governor. In addition, these agencies
22-17 shall also submit their plans to the state council.>
22-18 SECTION 26. REPEALER. The following laws are repealed:
22-19 (1) Section 481.025, Government Code;
22-20 (2) Sections 31.12 through 31.25, Education Code; and
22-21 (3) Section 33.05, Education Code.
22-22 SECTION 27. EFFECTIVE DATE; TRANSITION. (a) This Act takes
22-23 effect September 1, 1993.
22-24 (b) A transition oversight committee is created September 1,
22-25 1993. The committee is composed of the following members:
22-26 (1) the administrator of the Texas Employment
22-27 Commission;
23-1 (2) the chair of the State Job Training Coordinating
23-2 Council;
23-3 (3) the executive director of the Texas Department of
23-4 Commerce;
23-5 (4) the commissioner of education;
23-6 (5) the commissioner of higher education;
23-7 (6) the commissioner of Health and Human Services;
23-8 (7) the chair of the Texas Literacy Council;
23-9 (8) the chair of the Apprenticeship and Training
23-10 Advisory Committee;
23-11 (9) the chair of the Texas Council on Vocational
23-12 Education;
23-13 (10) the chair of the technical advisory committee to
23-14 the State Occupational Information Coordinating Council; and
23-15 (11) the chair of the governor's task force on
23-16 education and economic competitiveness.
23-17 (c) All agencies, councils, and commissions affected by this
23-18 Act are directed to cooperate with the committee in formulating and
23-19 implementing a transition plan and program.
23-20 (d) The committee shall develop and oversee the
23-21 implementation of a plan that will carry out the full effect of
23-22 this Act in an orderly fashion.
23-23 (e) The Council on Workforce and Economic Competitiveness
23-24 shall be appointed and operational not later than January 1, 1994.
23-25 (f) The materials, furniture, and other assets of the
23-26 councils and committees abolished under this Act shall be
23-27 transferred to the Council on Workforce and Economic
24-1 Competitiveness not later than January 1, 1994.
24-2 SECTION 28. EMERGENCY. The importance of this legislation
24-3 and the crowded condition of the calendars in both houses create an
24-4 emergency and an imperative public necessity that the
24-5 constitutional rule requiring bills to be read on three several
24-6 days in each house be suspended, and this rule is hereby suspended.