By Linebarger, et al. H.B. No. 1855
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 agencies of
1-4 state government providing these services, and creating the
1-5 Commission on Education and Economic Competitiveness.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 70, Revised Statutes, is amended by adding
1-8 Article 4413(53) to read as follows:
1-9 Sec. 1. SHORT TITLE. This Act may be cited as the Education
1-10 and Economic Competitiveness Act.
1-11 Sec. 2. DEFINITIONS. In this article:
1-12 (1) "Commission" means the Commission on Education on
1-13 Education and Economic Competitiveness.
1-14 (2) "Executive Director" means the Executive Director
1-15 of the Commission on Education and Economic Competitiveness.
1-16 (3) "Human Resources Investment Council" means a human
1-17 resources investment council as defined in Title VI, Section 701,
1-18 Job Training Partnership Act, 29 U.S.C. sec. 1501, et seq.
1-19 Sec. 3. COMMISSION. (a) The Commission is created as a
1-20 Human Resources Investment Council under applicable federal law and
1-21 is an agency of the state. It shall consist of the following
1-22 members:
1-23 (1) The Chair of the State Board of Education;
2-1 (2) The Chair of the Higher Education Coordinating
2-2 Board;
2-3 (3) The Chair of the Department of Human Services
2-4 Board;
2-5 (4) The Chair of the Texas Department of Commerce
2-6 Board;
2-7 (5) The Chair of the Texas Employment Commission;
2-8 (6) The Commissioner of Education;
2-9 (7) The Commissioner of Higher Education;
2-10 (8) The Commissioner of Health and Human Services;
2-11 (9) The Executive Director of the Texas Department of
2-12 Commerce;
2-13 (10) The Administrator of the Texas Employment
2-14 Commission;
2-15 (11) Representatives of community-based organizations;
2-16 (12) Representatives of organized labor, nominated by
2-17 recognized labor organizations, who shall constitute not less than
2-18 15 percent of the membership of the commission;
2-19 (13) Representatives of business and industry, who
2-20 shall constitute not less than 15 percent of the membership on the
2-21 commission. including individuals who are representatives of
2-22 business and industry on private industry councils established
2-23 within the state under Article 4413(52) of this Title; and
2-24 (14) representatives of local public education,
2-25 postsecondary educational institutions, and secondary or
3-1 postsecondary vocational educational institutions, at least one of
3-2 whom shall represent a private proprietary school, who together
3-3 shall total not less than 15 percent of the membership on the
3-4 commission.
3-5 (b) The commission may also include additional members, who
3-6 may be selected from:
3-7 (1) representatives from local welfare agencies;
3-8 (2) representatives from public housing agencies; and
3-9 (3) representatives from units of local government.
3-10 (c) The Governor shall designate a chair of the commission,
3-11 who shall continue in that capacity at the pleasure of the
3-12 governor. The commission shall meet at least quarterly, and at
3-13 other times at the call of the chair or as provided by rule of the
3-14 commission.
3-15 (d) Members of the commission who are not selected in an ex
3-16 officio capacity serve for a term of two years. Ex officio members
3-17 continue to serve so long as they continue in office.
3-18 Sec. 4. GENERAL POWERS AND DUTIES. (a) The commission
3-19 shall:
3-20 (1) review the provision of services and the use of
3-21 funds and resources under applicable federal human resource
3-22 provisions and advise the governor and legislature on methods of
3-23 coordinating such provision of services and use of funds and
3-24 resources consistent with the laws and regulations governing such
3-25 programs;
4-1 (2) advise the governor and legislature on the
4-2 development and implementation of state and local standards and
4-3 measures relating to applicable federal human resource programs and
4-4 coordination of such standards and measures;
4-5 (3) carry out the duties and functions prescribed for
4-6 existing state councils described under the laws relating to the
4-7 applicable federal human resource programs;
4-8 (4) identify the human investment needs in the state
4-9 and recommend to the governor and legislature goals for meeting
4-10 such needs;
4-11 (5) recommend to the governor and legislature goals
4-12 for the development and coordination of the human resource system
4-13 in the state;
4-14 (6) prepare and recommend to the governor and
4-15 legislature a strategic plan to accomplish the goals developed
4-16 pursuant to subsections (4) and (5); and
4-17 (7) may monitor the implementation of and evaluate the
4-18 effectiveness of the strategic plan prepared pursuant to subsection
4-19 (6).
4-20 (b) The commission may:
4-21 (1) adopt rules, make expenditures, enter into
4-22 contracts with public, private, and nonprofit organizations,
4-23 require reports, conduct investigations, and take other action it
4-24 considers necessary or suitable to fulfill its administrative
4-25 duties;
5-1 (2) delegate to the executive director any power or
5-2 duty imposed on the commission by law, including the authority to
5-3 make final orders or decisions, except that the commission may not
5-4 delegate the power or duty to adopt rules.
5-5 (3) provide for the mediation or arbitration of
5-6 disputes between any of the agencies carrying out any of the
5-7 federal programs under this Act.
5-8 (c) The council shall assume the state advisory council
5-9 responsibilities authorized under the following federal acts:
5-10 (1) the Job Training Reform Amendments of 1992;
5-11 (2) the Carl D. Perkins Vocational and Applied
5-12 Technology Education Act (20 U.S.C. Section 2301 et seq.);
5-13 (3) the National and Community Service Act of 1990 (42
5-14 U.S.C. Section 12501 et seq.);
5-15 (4) the Adult Education Act (20 U.S.C. Section 1201 et
5-16 seq.);
5-17 (5) the Wagner-Peyser Act (29 U.S.C. Section 49 et
5-18 seq.);
5-19 (6) Part F of Subchapter IV of the Social Security Act
5-20 (42 U.S.C. Section 681 et seq.);
5-21 (7) the employment program established under Section
5-22 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. Section
5-23 2015(d)(4)); and
5-24 (8) the National Literacy Act.
5-25 (d) The council shall assume responsibilities for the
6-1 following state advisory councils:
6-2 (1) the Texas Literacy Council;
6-3 (2) the Apprenticeship Advisory Committee;
6-4 (3) the Technical Advisory Committee to the State
6-5 Occupational Information Coordinating Council; and
6-6 (4) the Texas Council on Vocational Education.
6-7 Sec. 5. EXECUTIVE DIRECTOR. (a) The executive director is
6-8 appointed by the governor with the advice and consent of the senate
6-9 for a term of two years expiring September 1 of each odd-numbered
6-10 year.
6-11 (b) The executive director shall:
6-12 (1) perform the duties assigned by the commission and
6-13 state law and shall administer the day-to-day operations of the
6-14 agency;
6-15 (2) appoint and prescribe the powers and duties of all
6-16 officers, accountants, attorneys, experts, and other employees as
6-17 necessary in the performance of the commission's duties;
6-18 (3) delegate authority to persons appointed under this
6-19 section, as the executive director considers reasonable and proper,
6-20 for effective administration;
6-21 (4) designate an associate director for occupational
6-22 education as required by federal law to assist in the linkage of
6-23 secondary vocational/technical education programs operated by the
6-24 commission and corresponding academic programs operated by the
6-25 Central Education Agency;
7-1 (5) bond any person that handles money or signs checks
7-2 for the commission;
7-3 (6) employ personnel necessary for the administration
7-4 of the commission's duties.
7-5 (7) develop an intradepartmental career ladder
7-6 program, one part of which shall require the intradepartmental
7-7 posting of all nonentry-level positions concurrently with any
7-8 public posting;
7-9 (8) develop a system of annual performance evaluations
7-10 based on measurable job tasks on which all merit pay for commission
7-11 employees must be based;
7-12 (9) provide to the commission's employees as often as
7-13 is necessary information regarding their qualifications under this
7-14 article and their responsibilities under applicable laws relating
7-15 to standards of conduct for state officers and employees;
7-16 (10) prepare and maintain a written policy statement
7-17 that ensures implementation of a program of equal employment
7-18 opportunity under which all personnel transactions are made without
7-19 regard to race, color, disability, sex, religion, age, or national
7-20 origin, and that must include:
7-21 (A) personnel policies, including policies
7-22 relating to recruitment, evaluation, selection, appointment,
7-23 training, and promotion of personnel;
7-24 (B) a comprehensive analysis of the commission's
7-25 workforce that meets federal and state guidelines;
8-1 (C) procedures by which a determination can be
8-2 made of significant underuse in the commission's workforce of all
8-3 persons for whom federal or state guidelines encourage a more
8-4 equitable balance; and
8-5 (D) reasonable methods to appropriately address
8-6 areas of significant underuse in the commission's workforce of all
8-7 persons for whom federal and state guidelines encourage a more
8-8 equitable balance.
8-9 Sec. 6. JURISDICTION OF COMMISSION. (a) The commission
8-10 shall have oversight responsibility for the following programs in
8-11 this state:
8-12 (1) the Texas Job-Training Partnership Act (Article
8-13 4413(52), Vernon's Texas Civil Statutes);
8-14 (2) vocational and technical education programs under
8-15 Sections 21.111 through 21.113, and 21.115, and Chapters 31, 32,
8-16 and 130, Education Code;
8-17 (3) adult education programs under Section 11.18,
8-18 Education Code;
8-19 (4) the senior citizens employment program under
8-20 Chapter 101, Human Resources Code;
8-21 (5) the Smart Jobs Funds Program under Subchapter J,
8-22 Chapter 481, Government Code;
8-23 (6) the Texas Unemployment Compensation Act (Article
8-24 5221b-1 et seq., Vernon's Texas Civil Statutes);
8-25 (7) literacy funds available to the state under the
9-1 National Literacy Act;
9-2 (8) the National and Community Service Act of 1990 (42
9-3 U.S.C. Section 12501 et seq.);
9-4 (9) the Job Opportunities and Basic Skills program
9-5 under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
9-6 682); and
9-7 (10) the food stamp employment and training program
9-8 authorized under 7 U.S.C. Section 2015(d).
9-9 Sec. 7. VOCATIONAL EDUCATION. The commission is designated
9-10 as the State Board for Vocational Education. The commission shall
9-11 assume the leadership role and administrative responsibilities for
9-12 state-level administration of secondary and postsecondary
9-13 technical-vocational education programs in public local education
9-14 agencies and other eligible institutions of higher education.
9-15 Sec. 8. REMOVAL OF COMMISSION MEMBERS. (a) It is a ground
9-16 for removal from the commission that a member:
9-17 (1) during any 60-day period, is absent from each
9-18 commission meeting for which the member received at least 48 hours'
9-19 notice;
9-20 (2) is unable to discharge the member's duties for the
9-21 remainder of the term for which the member was appointed because of
9-22 illness or other disability;
9-23 (3) is absent:
9-24 (A) from more than half of the regularly
9-25 scheduled meetings of the commission that the member is eligible to
10-1 attend during each calendar year;
10-2 (B) from more than half of the regularly
10-3 scheduled meetings of the Council for Workforce Competitiveness or
10-4 the Council for Economic Development that the member is eligible to
10-5 attend during each calendar year;
10-6 (4) violates a prohibition established by Section 9;
10-7 or
10-8 (5) fails to perform any of the duties as established
10-9 by this Act.
10-10 (b) The validity of an action of the commission is not
10-11 affected by the fact that it was taken when a ground for the
10-12 removal of a member of the commission existed.
10-13 Section 9. EFFECT OF LOBBYING ACTIVITY, A person who is
10-14 required to register as a lobbyist under Chapter 305, Government
10-15 Code, may not serve as a member of the commission while registered.
10-16 If the person ceases to engage in lobbying activity and files a
10-17 notice of termination as prescribed by Section 305.008, Government
10-18 Code, the person may serve as a member of the commission or act as
10-19 counsel to the commission.
10-20 Section 10. APPLICATION OF SUNSET ACT. The Commission on
10-21 Education and Economic Competitiveness is subject to Chapter 325,
10-22 Government Code (Texas Sunset Act). Unless continued in existence
10-23 as provided by that chapter, the commission is abolished September
10-24 1, 2001.
10-25 SECTION 2. Sections 5 and 6, of the Texas Job-Training
11-1 Partnership Act. (Art. 4413(52), Vernon's Texas Civil Statutes)
11-2 are amended to read as follows:
11-3 Sec. 5. ADMINISTRATION. Administration of this act shall be
11-4 performed by the executive director and staff of the Commission on
11-5 Education and Economic Competitiveness established in article
11-6 4413(53) of this title. <(a) A job training and employment staff
11-7 is established within the governor's office. The staff shall:>
11-8 <(1) have responsibility for policy development,
11-9 program planning, monitoring, and evaluation of these programs in
11-10 coordination with existing state agencies as provided under the Job
11-11 Training Partnership Act;>
11-12 <(2) provide staff support as directed by the governor
11-13 for the State Job Training Coordinating Council; and>
11-14 <(3) perform such other functions and duties relating
11-15 to the job-training, employment, and related programs as may be
11-16 required by law or assigned by the governor.>
11-17 <(b) The Texas Department of Commerce shall:>
11-18 <(1) have primary responsibility for implementation
11-19 and management of the job-training program; and>
11-20 <(2) perform such other functions and duties relating
11-21 to the job-training program as may be required by law or assigned
11-22 by the governor.>
11-23 Sec. 6. The Commission on Education and Economic
11-24 Competitiveness shall perform the duties of the monitoring
11-25 committee for the Job Training Partnership Act. The Commission
12-1 shall prepare a plan for the orderly transition of duties under
12-2 this Act to the Commission. <MONITORING COMMITTEE. (a) The
12-3 progress of the implementation of the Job Training Partnership Act
12-4 in this state shall be monitored by a joint committee appointed by
12-5 the speaker of the house of representatives and the lieutenant
12-6 governor. The committee shall make recommendations for any
12-7 necessary legislative action or remedies for the next regular
12-8 session of the legislature as well as recommending congressional
12-9 remedies.>
12-10 <(b) In order to monitor the implementation of this Act as
12-11 required under Subsection (a) of this section, the committee may
12-12 oversee each employment, job-training, and related program
12-13 conducted by a state agency. Each state agency that conducts such
12-14 a program shall cooperate fully with the committee and shall submit
12-15 information and reports to the committee as requested by the
12-16 committee.>
12-17 SECTION 3. Section 481.025, Government Code is amended to
12-18 read as follows:
12-19 Sec. 481.025. Texas Literacy Council. The Commission on
12-20 Education and Economic Competitiveness shall assume the duties of
12-21 the Texas Literacy Council. <(a) The Texas Literacy Council is
12-22 established as an adjunct to the department.>
12-23 <(b) The council consists of 17 members. The governor
12-24 appoints nine members, The lieutenant governor appoints four
12-25 members, tow of whom must be members of the senate. The speaker of
13-1 the house of representatives appoints four members, two of whom
13-2 must be members of the house. Appointees shall be representative
13-3 of business, industry, labor, education, organizations with
13-4 expertise in literacy, and other areas of society with an interest
13-5 in literacy, Members of the council who are not members of the
13-6 legislature are officers of the public school system for purposes
13-7 of Article VII, Section 16, of the Texas Constitution, as added in
13-8 1928. Members appointed by the governor serve staggered six-year
13-9 terms with the terms of three members expiring February 1 of each
13-10 odd-numbered year. Members appointed buy the lieutenant governor
13-11 or the speaker of the house of representatives who are not members
13-12 of the legislature serve staggered four-year terms, with the terms
13-13 of one member appointed by the lieutenant governor and of one
13-14 member appointed by the speaker expiring February 1 of each
13-15 odd-numbered year. Members who are members of the legislature
13-16 serve as ex officio members for two-year terms. If a member who is
13-17 a member of the legislature ceases to be a member of the house from
13-18 which the member was appointed, that membership position on the
13-19 council becomes vacant. A member of the council who is absent fro
13-20 three consecutive meetings may be removed from the council.>
13-21 <(c) A member of the council may not receive compensation
13-22 for service on the council but is entitled to reimbursement for
13-23 actual and necessary expenses incurred in performing functions as a
13-24 member of the council, subject to any applicable limitation on
13-25 reimbursement provided by the General Appropriations Act. An ex
14-1 officio member of the council shall receive reimbursement for
14-2 actual and necessary expenses under the rules of the member's
14-3 office.>
14-4 <(d) The governor shall designate the chair of the council
14-5 from among the members. The council shall meet at least quarterly,
14-6 and at other times at the call of the chair or as provided by rule
14-7 of the council.>
14-8 <(e) The department shall provide office space and other
14-9 necessities to the council and shall provide staffing for the
14-10 council at the request of the council. Other state agencies may
14-11 provide staff assistance to the council at the request of the
14-12 council.>
14-13 SECTION 4. Section 31.03(1), Education Code is amended to
14-14 read as follows:
14-15 (1) "Council" means the Commission on Education and
14-16 Economic Competitiveness <Texas Council on Vocational Education>.
14-17 SECTION 5. Section 31.11, Education Code, is amended to read
14-18 as follows:
14-19 Sec. 31.11. The Commission on Education and Economic
14-20 Competitiveness shall assume the duties and responsibilities of
14-21 <CREATION; FISCAL AGENT. (a) There is hereby established a
14-22 council known as> the Texas Council on Vocation Education.
14-23 <(b) The Central Education Agency may serve as fiscal agent
14-24 for the council.>
14-25 SECTION 6. Sections 31.12, 31.13, 31.14, 31.15, 31.16,
15-1 31.17, 31.19, 31.21, 31.22, 31.23, 31.24, and 31.25, Education
15-2 Code, are repealed.
15-3 SECTION 7. Section 33.01(5), Education Code, is amended to
15-4 read as follows:
15-5 (5) "Advisory committee" means the Commission on
15-6 Education and Economic Competitiveness <Apprenticeship and Training
15-7 Advisory Committee to the State Board of Vocational Education>.
15-8 SECTION 8. Section 33.05, Education Code, is repealed.
15-9 SECTION 9. The importance of this legislation and the
15-10 crowded condition of the calendars in both houses create an
15-11 emergency and an imperative public necessity that the
15-12 constitutional rule requiring bills to be read on three several
15-13 days in each house be suspended, and this rule is hereby suspended.