By: Ellis, et al. S.B. No. 642
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the consolidation of job training, employment, and
1-2 unemployment insurance programs and the development of an
1-3 integrated state and local delivery system serving all Texans;
1-4 merging the Texas Employment Commission into the Texas Commission
1-5 on Workforce Competitiveness created by this Act.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. LEGISLATIVE FINDINGS
1-8 SECTION 1.01. LEGISLATIVE FINDINGS. The legislature finds
1-9 that:
1-10 (1) the economic future of this state and the
1-11 prosperity of its citizens depend on the ability of businesses in
1-12 this state to compete effectively in the world economy;
1-13 (2) a well-educated and highly trained workforce
1-14 provides businesses in this state with the competitive edge
1-15 critical for their success;
1-16 (3) the state's current workforce development effort
1-17 is a fragmented array of more than 21 separately funded and
1-18 administered education, job training, and employment programs
1-19 operated by seven separate state agencies;
1-20 (4) despite the best efforts of professionals and
1-21 volunteers who struggle every day to make those programs work and
1-22 serve the needs of their clients, this fragmented approach results
1-23 in the lack of clear accountability for results, duplication of
1-24 services, inappropriate training, and wasted resources;
2-1 (5) consolidating the various federal and state
2-2 programs into a single state-local delivery system will improve the
2-3 quality and effectiveness of services and provide businesses in
2-4 this state with an element critical to their success, a high
2-5 quality workforce; and
2-6 (6) empowering local business, labor, and community
2-7 leaders to take a more active role in their communities' economic
2-8 and workforce development will enhance the quality, efficiency, and
2-9 responsiveness of these programs.
2-10 SECTION 1.02. SHORT TITLE. Articles 2 through 7 of this Act
2-11 may be cited as the Workforce and Economic Competitiveness Act.
2-12 SECTION 1.03. APPLICATION OF SUNSET ACT. The Texas
2-13 Commission on Workforce Competitiveness is subject to Chapter 325,
2-14 Government Code (Texas Sunset Act). Unless continued in existence
2-15 as provided by that chapter, the commission is abolished September
2-16 1, 2001.
2-17 SECTION 1.04. DEFINITIONS. In this Act:
2-18 (1) "Commission" means the Texas Commission on
2-19 Workforce Competitiveness.
2-20 (2) "Human resource investment council" means a human
2-21 resource investment council under the Job Training Reform
2-22 Amendments Act of 1992 (Pub. L. No. 102-367, Section 701 et seq.).
2-23 (3) "Program year" means July 1 to June 30.
2-24 (4) "Workforce development" includes workforce
2-25 education programs and workforce training and services.
2-26 (5) "Workforce education" means articulated
2-27 career-path programs and the constituent courses of those programs
3-1 that lead to initial or continuing licensure or certification or
3-2 associate degree-level accreditation and that are subject to:
3-3 (A) initial and ongoing state approval or
3-4 regional or specialized accreditation;
3-5 (B) a formal state evaluation that provides the
3-6 basis for program continuation or termination;
3-7 (C) state accountability and performance
3-8 standards; and
3-9 (D) regional or statewide employer-driven labor
3-10 market demand documentation.
3-11 (6) "Workforce training and services" means training
3-12 and services programs that are not included within the definition
3-13 of workforce education.
3-14 ARTICLE 2. TEXAS COMMISSION ON WORKFORCE COMPETITIVENESS
3-15 SECTION 2.01. CREATION OF COMMISSION. The Texas Commission
3-16 on Workforce Competitiveness is created.
3-17 SECTION 2.02. PURPOSE OF COMMISSION. The commission is
3-18 created to consolidate the administration and delivery of federal
3-19 and state programs for workforce training and services. The
3-20 commission is responsible for:
3-21 (1) meeting the needs of business in this state for a
3-22 highly skilled and productive workforce;
3-23 (2) meeting the needs of the workers of this state for
3-24 education, skills training, and labor market information to enhance
3-25 the workers' employability and standard of living; and
3-26 (3) meeting the needs of the taxpayers of this state
3-27 to ensure that tax dollars are spent effectively and efficiently.
4-1 SECTION 2.03. JURISDICTION OF COMMISSION. (a) The
4-2 commission administers the following programs in this state:
4-3 (1) the Texas Job-Training Partnership Act (Article
4-4 4413(52), Vernon's Texas Civil Statutes) and its subsequent
4-5 amendments;
4-6 (2) postsecondary vocational and technical job
4-7 training programs that are not part of approved courses or programs
4-8 that lead to licensing, certification, or an associate degree under
4-9 Chapters 61, 108, 130, and 135, and Subchapter E, Chapter 88,
4-10 Education Code, and its subsequent amendments;
4-11 (3) adult education programs under Section 11.18,
4-12 Education Code, and its subsequent amendments;
4-13 (4) apprenticeship programs under Chapter 33,
4-14 Education Code, and its subsequent amendments;
4-15 (5) the trade adjustment assistance program under Part
4-16 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
4-17 seq.), and its subsequent amendments;
4-18 (6) the senior citizens employment program under
4-19 Chapter 101, Human Resources Code, and its subsequent amendments;
4-20 (7) the Texas Unemployment Compensation Act (Article
4-21 5221b-1 et seq., Vernon's Texas Civil Statutes) and its subsequent
4-22 amendments;
4-23 (8) the Texas child labor law (Article 5181.1,
4-24 Vernon's Texas Civil Statutes) and its subsequent amendments;
4-25 (9) the Texas payday law (Article 5155, Revised
4-26 Statutes) and its subsequent amendments;
4-27 (10) the public information program of the Texas
5-1 Minimum Wage Act of 1970 (Article 5159d, Vernon's Texas Civil
5-2 Statutes) and its subsequent amendments;
5-3 (11) literacy funds available to the state under the
5-4 National Literacy Act of 1991 (Pub. L. 102-73 et seq.); and
5-5 (12) the National and Community Service Act of 1990
5-6 (42 U.S.C. Section 12501 et seq.) and its subsequent amendments.
5-7 (b) To the extent allowable under federal law, the
5-8 commission shall administer:
5-9 (1) the job opportunities and basic skills program
5-10 under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
5-11 682), and its subsequent amendments; and
5-12 (2) the food stamp employment and training program
5-13 authorized under 7 U.S.C. Section 2015(d) and its subsequent
5-14 amendments.
5-15 SECTION 2.04. COMMISSION MEMBERSHIP. (a) The commission is
5-16 composed of three members:
5-17 (1) one of whom shall be a representative of labor;
5-18 (2) one of whom shall be a representative of
5-19 employers; and
5-20 (3) one of whom shall be impartial and shall represent
5-21 the public.
5-22 (b) The governor shall appoint the members without regard to
5-23 the race, creed, sex, disability, religion, or national origin of
5-24 the appointees.
5-25 SECTION 2.05. MEMBER RESTRICTIONS. (a) A member of the
5-26 commission may not engage in any other business, vocation, or
5-27 employment during the member's term on the commission.
6-1 (b) The public member of the commission may not be an
6-2 officer, employee, or paid consultant of a labor-oriented or
6-3 employer-oriented trade association while the member serves on the
6-4 commission.
6-5 SECTION 2.06. EFFECT OF LOBBYING ACTIVITY. A person who is
6-6 required to register as a lobbyist under Chapter 305, Government
6-7 Code, may not serve as a member of the commission while registered.
6-8 If the person ceases to engage in lobbying activity and files a
6-9 notice of termination as prescribed by Section 305.008, Government
6-10 Code, and its subsequent amendments, the person may serve as a
6-11 member of the commission or act as the general counsel to the
6-12 commission.
6-13 SECTION 2.07. TERMS; VACANCY. (a) Members of the
6-14 commission are appointed for staggered six-year terms, with one
6-15 member's term expiring on February 1 of each odd-numbered year.
6-16 (b) A member appointed to fill a vacancy shall hold office
6-17 for the remainder of that term.
6-18 SECTION 2.08. PRESIDING OFFICER. The member representing
6-19 the public is the presiding officer of the commission.
6-20 SECTION 2.09. REMOVAL OF COMMISSION MEMBERS. (a) It is a
6-21 ground for removal from the commission by impeachment that a
6-22 member:
6-23 (1) during any 60-day period, is absent from each
6-24 commission meeting for which the member received at least 48 hours'
6-25 notice;
6-26 (2) is unable to discharge the member's duties for the
6-27 remainder of the term for which the member was appointed because of
7-1 illness or other disability;
7-2 (3) is absent:
7-3 (A) from more than half of the regularly
7-4 scheduled meetings of the commission that the member is eligible to
7-5 attend during each calendar year;
7-6 (B) from more than half of the regularly
7-7 scheduled meetings of the Council on Workforce and Economic
7-8 Competitiveness that the member is eligible to attend during each
7-9 calendar year;
7-10 (4) violates a prohibition established by Section 2.05
7-11 or 2.06 of this Act; or
7-12 (5) fails to perform any of the duties established by
7-13 Section 2.10 of this Act.
7-14 (b) The validity of an action of the commission is not
7-15 affected by the fact that it was taken when a ground for the
7-16 removal of a member of the commission existed.
7-17 SECTION 2.10. GENERAL POWERS AND DUTIES. (a) The
7-18 commission shall:
7-19 (1) administer all programs and corresponding federal
7-20 and state legislation consolidated under the commission's authority
7-21 by this Act;
7-22 (2) determine its own organization and methods of
7-23 procedure in accordance with all applicable state and federal
7-24 legislation;
7-25 (3) promote the adoption of high skill, high
7-26 performance work organizations in this state;
7-27 (4) promote the development and adoption of a
8-1 business-driven and industry-driven skills standards and
8-2 certification system;
8-3 (5) implement workforce training and services policies
8-4 and programs consistent with recommendations from the Council on
8-5 Workforce and Economic Competitiveness;
8-6 (6) implement a statewide system for evaluating the
8-7 effectiveness of all workforce development programs using the
8-8 administrative records of the state's unemployment compensation
8-9 program and other sources as appropriate;
8-10 (7) support research and demonstration projects
8-11 designed to develop new programs and approaches to service
8-12 delivery;
8-13 (8) ensure standardized technical and skill-specific
8-14 curricula for all vocational and technical programs funded by state
8-15 and federal funds under the commission's jurisdiction;
8-16 (9) serve as an advocate at the state and federal
8-17 levels for the local workforce development boards;
8-18 (10) provide for a comprehensive labor market
8-19 information system serving employers, students, workers, and state
8-20 and local planning organizations;
8-21 (11) contract with local workforce development boards
8-22 for program planning and service delivery;
8-23 (12) provide training and professional development
8-24 services for commission staff, council members, and local workforce
8-25 development boards and their staff;
8-26 (13) provide technical assistance and support to local
8-27 workforce development boards;
9-1 (14) appoint an executive director; and
9-2 (15) perform other functions and duties as may be
9-3 required by law or assigned by the governor.
9-4 (b) The commission may:
9-5 (1) adopt rules, make expenditures, enter into
9-6 contracts with public, private, and nonprofit organizations,
9-7 require reports, conduct investigations, and take other action the
9-8 commission considers necessary or suitable to fulfill the
9-9 commission's administrative duties; and
9-10 (2) delegate to the executive director any power or
9-11 duty imposed on the commission by law, including the authority to
9-12 make final orders or decisions, except that the commission may not
9-13 delegate:
9-14 (A) the power or duty to adopt rules; and
9-15 (B) duties related to the approval and issuance
9-16 of bonds.
9-17 (c) The commission's administrative expenses may not exceed
9-18 12 percent of the commission's total budget.
9-19 SECTION 2.11. TRAINING FOR LOCAL WORKFORCE DEVELOPMENT BOARD
9-20 MEMBERS. (a) The commission shall provide management and board
9-21 development training for all members of local workforce development
9-22 boards. The training shall include information regarding the
9-23 importance of high quality workforces to the economic prosperity of
9-24 their communities and encourage board members to be advocates in
9-25 their communities for effective and efficient workforce development
9-26 programs. A member of a workforce development board must receive
9-27 the training under this section not later than the third month
10-1 after beginning service on a certified board or the member shall be
10-2 ineligible to continue serving on the board.
10-3 (b) Training may be provided directly by the commission or
10-4 by a third party that has demonstrated experience in providing
10-5 training to local workforce development or similar boards. The
10-6 quality of training shall be reviewed and appraised periodically by
10-7 the Council on Workforce and Economic Competitiveness.
10-8 (c) Local workforce development boards shall provide 25
10-9 percent of the costs for all members' management and board
10-10 development training.
10-11 SECTION 2.12. INTEGRATION OF PROGRAMS. (a) The commission
10-12 shall develop a plan for the eventual integration of the
10-13 administrative functions of the programs under the jurisdiction and
10-14 authority of the commission.
10-15 (b) The plan under Subsection (a) of this section shall
10-16 specify dates by which integration of the various functions must be
10-17 completed. To the extent possible, the plan shall rely on existing
10-18 state and available federal funds to ensure minimum disruption of
10-19 services.
10-20 (c) The plan under Subsection (a) of this section shall be
10-21 developed and submitted to the Council on Workforce and Economic
10-22 Competitiveness not later than January 1, 1995.
10-23 SECTION 2.13. EXECUTIVE DIRECTOR. The executive director of
10-24 the commission shall:
10-25 (1) perform the duties assigned by the commission and
10-26 state law;
10-27 (2) administer the day-to-day operations of the
11-1 agency;
11-2 (3) appoint and prescribe the powers and duties of all
11-3 officers, accountants, attorneys, experts, and other employees as
11-4 necessary in the performance of the commission's duties;
11-5 (4) delegate authority to persons appointed under this
11-6 section as the executive director considers reasonable and proper
11-7 for the effective administration of the commission; and
11-8 (5) bond any person that handles money or signs checks
11-9 for the commission.
11-10 SECTION 2.14. PERSONNEL POLICIES. (a) The executive
11-11 director shall develop an intra-agency career ladder program. The
11-12 program shall require the intra-agency posting of all
11-13 nonentry-level positions concurrently with any public posting.
11-14 (b) The executive director shall develop a system of annual
11-15 performance evaluations based on measurable job tasks. All merit
11-16 pay for commission employees must be based on the system
11-17 established under this subsection.
11-18 SECTION 2.15. TRAINING; STANDARDS OF CONDUCT INFORMATION.
11-19 (a) Each commission member shall comply with the member training
11-20 requirements established by any other state agency that is given
11-21 authority to establish the requirements for the commission.
11-22 (b) The executive director shall provide to the commission's
11-23 employees as often as is necessary information regarding their
11-24 qualifications under this article and their responsibilities under
11-25 applicable laws relating to standards of conduct for state officers
11-26 and employees.
11-27 SECTION 2.16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
12-1 (a) The executive director shall prepare and maintain a written
12-2 policy statement to ensure implementation of a program of equal
12-3 employment opportunity under which all personnel transactions are
12-4 made without regard to race, color, disability, sex, religion, age,
12-5 or national origin. The policy statement must include:
12-6 (1) personnel policies, including policies relating to
12-7 recruitment, evaluation, selection, appointment, training, and
12-8 promotion of personnel that are in compliance with the Commission
12-9 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
12-10 and its subsequent amendments;
12-11 (2) a comprehensive analysis of the commission's
12-12 workforce that meets federal and state guidelines;
12-13 (3) procedures by which a determination can be made of
12-14 significant underuse in the commission's workforce of all persons
12-15 for whom federal or state guidelines encourage a more equitable
12-16 balance; and
12-17 (4) reasonable methods to appropriately address those
12-18 areas of underuse.
12-19 (b) A policy statement under Subsection (a) of this section
12-20 must cover an annual period, be updated annually, be reviewed by
12-21 the Commission on Human Rights for compliance with Subsection
12-22 (a)(1) of this section, and be filed with the governor's office.
12-23 (c) The governor's office shall deliver a biennial report to
12-24 the legislature based on the information received under Subsection
12-25 (b) of this section. The report may be made separately or as part
12-26 of other biennial reports to the legislature.
12-27 SECTION 2.17. JOB PLACEMENT INFORMATION. (a) The
13-1 commission in cooperation with the Texas Higher Education
13-2 Coordinating Board shall establish and maintain an automated
13-3 student and adult learner follow-up system in conjunction with a
13-4 statewide job placement information system that uses the
13-5 unemployment insurance wage record tracking system maintained by
13-6 the commission. The system shall be used to assist the commission,
13-7 local workforce development boards, institution boards, the Texas
13-8 Higher Education Coordinating Board, and other agencies in
13-9 evaluating the labor market success and effectiveness of workforce
13-10 development programs in this state.
13-11 (b) Evaluation data included in the system under this
13-12 section shall include placement rates, wages paid, retention in
13-13 employment statistics, and the number of placements made that are
13-14 directly related to a job training program under this Act and other
13-15 factors, including pursuit of additional education.
13-16 (c) The commission may develop a method for collecting job
13-17 classification information to supplement data collected through the
13-18 unemployment insurance data collection system. The commission may
13-19 request employers, providers, and other appropriate sources to
13-20 provide employment and placement information to the commission.
13-21 (d) At least annually, the commission shall issue an
13-22 occupation-specific analysis by provider of the job placement
13-23 performance of each workforce education program for the previous
13-24 one-year, three-year, and five-year periods to:
13-25 (1) each provider of a workforce education program or
13-26 workforce training and services program;
13-27 (2) the Texas Higher Education Coordinating Board for
14-1 each provider of a workforce education program approved and
14-2 administered by the board; and
14-3 (3) each local workforce development board for each
14-4 provider of workforce training and services within the workforce
14-5 development area.
14-6 (e) The Texas Higher Education Coordinating Board shall use
14-7 the job placement information received under this section and other
14-8 information to:
14-9 (1) evaluate the effectiveness of workforce education
14-10 programs;
14-11 (2) determine whether a public or private workforce
14-12 education program is not effective in placing persons who
14-13 successfully complete the program in jobs related to the persons'
14-14 training; and
14-15 (3) determine whether to continue, expand, or
14-16 terminate a program established under Section 61.051, Education
14-17 Code, and its subsequent amendments.
14-18 (f) Each local workforce development board shall use the
14-19 information under this section and other information to determine
14-20 whether a specific workforce training and service program
14-21 administered by the local board is effective and whether to
14-22 continue or discontinue the training and service program.
14-23 ARTICLE 3. COUNCIL ON WORKFORCE AND ECONOMIC COMPETITIVENESS
14-24 SECTION 3.01. CREATION OF COUNCIL. (a) The Council on
14-25 Workforce and Economic Competitiveness is created as a state agency
14-26 to act as a human resources investment council.
14-27 (b) In this article, "council" means the Council on
15-1 Workforce and Economic Competitiveness.
15-2 SECTION 3.02. MEMBERSHIP OF COUNCIL. (a) The council shall
15-3 be appointed by the governor, who shall designate one of the
15-4 business representatives on the council to serve as presiding
15-5 officer. The membership shall reflect the ethnic and geographic
15-6 diversity of the state.
15-7 (b) The council shall be composed of:
15-8 (1) the following ex officio voting members:
15-9 (A) the commissioner of education;
15-10 (B) the commissioner of higher education;
15-11 (C) the commissioner of health and human
15-12 services;
15-13 (D) the executive director of the Texas
15-14 Department of Commerce; and
15-15 (E) the executive director of the Texas
15-16 Commission on Workforce Competitiveness;
15-17 (2) five voting members appointed by the governor who
15-18 represent education, at least one of whom represents local public
15-19 education, one of whom represents public postsecondary education,
15-20 and one of whom represents secondary or postsecondary vocational
15-21 education;
15-22 (3) seven voting members who represent organized labor
15-23 appointed by the governor based on recommendations made by
15-24 recognized labor organizations;
15-25 (4) seven voting members appointed by the governor who
15-26 represent business and industry on local workforce development
15-27 boards;
16-1 (5) one voting member appointed by the governor who
16-2 represents a community-based organization;
16-3 (6) one voting member appointed by the governor who
16-4 represents a joint sponsored apprenticeship program as defined by
16-5 the United States Department of Labor's Bureau of Apprenticeship
16-6 and Training appointed from a list of three nominees submitted to
16-7 the governor by the Apprenticeship and Training Association of
16-8 Texas;
16-9 (7) one voting member appointed by the governor who
16-10 represents a community-based adult literacy organization;
16-11 (8) one voting member appointed by the governor who
16-12 represents adult basic and continuing education programs;
16-13 (9) four voting members appointed by the governor each
16-14 of whom represent not more than one of the following categories:
16-15 (A) literacy groups;
16-16 (B) local welfare or public housing agencies;
16-17 (C) units of local government;
16-18 (D) adult education organizations;
16-19 (E) teachers or counselors;
16-20 (F) local service delivery organizations;
16-21 (G) special needs populations;
16-22 (H) rural and agricultural organizations;
16-23 (I) proprietary schools;
16-24 (J) members of the state legislature; and
16-25 (K) other groups and organizations; and
16-26 (10) the following ex officio nonvoting members:
16-27 (A) the chair of the State Board of Education;
17-1 (B) the chair of the Texas Higher Education
17-2 Coordinating Board;
17-3 (C) the presiding officer of the Texas Board of
17-4 Human Services;
17-5 (D) the presiding officer of the governing board
17-6 of the Texas Department of Commerce;
17-7 (E) the chair of the Texas Commission on
17-8 Workforce Competitiveness;
17-9 (F) the commissioner of the Texas Rehabilitation
17-10 Commission; and
17-11 (G) the executive director of the Texas
17-12 Commission for the Blind.
17-13 (c) The presiding officer of the council shall designate a
17-14 member of the council as assistant presiding officer to preside in
17-15 the absence of the presiding officer.
17-16 SECTION 3.03. MEETINGS; TERMS. (a) The council shall meet
17-17 at least quarterly and at other times at the call of the presiding
17-18 officer or as provided by rules adopted by the council.
17-19 (b) A member of the council who does not serve as an ex
17-20 officio member serves a six-year term, with one-third of those
17-21 members' terms expiring in each odd-numbered year. An ex officio
17-22 member shall continue to serve as a member of the council as long
17-23 as the member continues to serve in the designated office.
17-24 SECTION 3.04. DESIGNATED REPLACEMENTS. A member of the
17-25 council may designate another person to attend a meeting for the
17-26 member. The designated person may participate in the activities
17-27 and discussions of the council but may not vote.
18-1 SECTION 3.05. GROUNDS FOR REMOVAL FROM COUNCIL. (a) It is
18-2 a ground for removal from the council if a non-ex officio member:
18-3 (1) does not have at the time of appointment the
18-4 qualifications required by Section 3.02 of this Act;
18-5 (2) does not maintain during service on the council
18-6 the qualifications required by Section 3.02 of this Act;
18-7 (3) violates a prohibition established by Section 3.06
18-8 of this Act;
18-9 (4) cannot discharge the member's duties for a
18-10 substantial part of the term for which the member is appointed
18-11 because of illness or disability; or
18-12 (5) is absent from more than half of the regularly
18-13 scheduled council meetings that the member is eligible to attend
18-14 during a calendar year unless the absence is excused by a majority
18-15 vote of the council.
18-16 (b) The validity of an action of the council is not affected
18-17 by the fact that it is taken when a ground for removal of a council
18-18 member exists.
18-19 (c) If the executive director has knowledge that a potential
18-20 ground for removal exists, the executive director shall notify the
18-21 presiding officer of the council of the ground. The presiding
18-22 officer shall then notify the governor that a potential ground for
18-23 removal exists.
18-24 SECTION 3.06. EFFECT OF LOBBYING ACTIVITY. (a) A person
18-25 may not serve as a member of the council or act as the general
18-26 counsel to the council if the person is required to register as a
18-27 lobbyist under Chapter 305, Government Code, and its subsequent
19-1 amendments.
19-2 (b) If the person required to register as a lobbyist under
19-3 Subsection (a) of this section files a notice of termination as
19-4 provided by Section 305.008, Government Code, and its subsequent
19-5 amendments, the person may serve as a member of the council or act
19-6 as general counsel to the council.
19-7 SECTION 3.07. COUNCIL FUNCTIONS. (a) The council shall:
19-8 (1) promote the development of a well-educated, highly
19-9 skilled workforce in this state through literacy, adult basic
19-10 education, community education, and state-of-the-art occupational
19-11 skills education and training programs;
19-12 (2) serve as an advocate for the development of an
19-13 integrated workforce development system to provide quality services
19-14 addressing the needs of business and workers in this state;
19-15 (3) recommend to the governor an approach for
19-16 fostering the development of a business-driven and industry-driven
19-17 skills standards and certification system for occupations requiring
19-18 less than a baccalaureate-level education and training;
19-19 (4) promote the development of high productivity
19-20 workplaces in this state;
19-21 (5) recommend to the governor the components of a
19-22 school and training-to-work transition process;
19-23 (6) develop and recommend to the governor a plan to
19-24 ensure client accessibility to workforce programs that includes a
19-25 uniform statewide client application system for determining an
19-26 applicant's eligibility for a workforce program for which state or
19-27 federal financial assistance is available;
20-1 (7) recommend to the governor the designation of
20-2 workforce development areas for the local planning and delivery of
20-3 workforce development programs;
20-4 (8) develop and recommend to the governor, in concert
20-5 with the Texas Department of Commerce, a strategic plan for the
20-6 state's economic and workforce development effort;
20-7 (9) design and implement a state-local planning
20-8 process for developing goals, objectives, and performance standards
20-9 for the state's workforce training and services programs;
20-10 (10) recommend to the governor the goals, objectives,
20-11 and performance standards to guide and evaluate the workforce
20-12 development programs of all agencies represented on the council;
20-13 (11) review local workforce development plans and make
20-14 recommendations to the governor for approval;
20-15 (12) recommend to the governor new programs and
20-16 delivery systems to improve the efficiency and effectiveness of the
20-17 state's workforce development initiatives;
20-18 (13) review the state's education, workforce
20-19 development, and human services programs and systems and make
20-20 recommendations to the governor regarding opportunities for
20-21 coordination that would improve the quality of services with
20-22 immediate attention to standardizing intake, eligibility,
20-23 assessment, case management, and referral for participants in
20-24 workforce development programs;
20-25 (14) monitor and evaluate the operation and results of
20-26 the state's workforce development programs to assess the degree to
20-27 which the programs are effective in achieving state and local
21-1 goals; and
21-2 (15) carry out the federal and state mandated duties
21-3 and responsibilities for all advisory councils under applicable
21-4 federal and state workforce development programs that are
21-5 consolidated under the commission.
21-6 (b) The council shall assume the duty to:
21-7 (1) develop, with the assistance of the appropriate
21-8 state agencies, and recommend to the governor state plans required
21-9 by applicable federal laws in order for the state to receive
21-10 federal funds;
21-11 (2) make policy recommendations to the governor
21-12 regarding goals and priorities for both formula and discretionary
21-13 funds for all applicable programs;
21-14 (3) participate directly in the development of the
21-15 master plan for vocational education, as required by law, and
21-16 recommend the plan to the State Board of Education, the Texas
21-17 Higher Education Coordinating Board, and the governor;
21-18 (4) ensure that general revenue funds previously
21-19 available to the Texas Literacy Council are used to support the
21-20 efforts of local literacy councils in a manner consistent with the
21-21 state strategic plan;
21-22 (5) recommend to the State Board of Vocational
21-23 Education the division of federal funds between secondary and
21-24 postsecondary educational agencies under the Carl D. Perkins
21-25 Vocational and Applied Technology Education Act (20 U.S.C. Section
21-26 2301 et seq.) and its subsequent amendments; and
21-27 (6) make recommendations as appropriate to the
22-1 commission and its members regarding unemployment insurance issues
22-2 pertinent to the work of the council.
22-3 (c) In addition to the council's powers and duties under
22-4 Subsections (a) and (b) of this section, the council may:
22-5 (1) adopt rules necessary and essential to the
22-6 internal functions and duties of the council but not rules related
22-7 to the operation of a workforce development program;
22-8 (2) make expenditures, enter into contracts with
22-9 public, private, and non-profit organizations or agencies, require
22-10 reports to be made, conduct investigations, and take other actions
22-11 necessary or suitable to fulfill the council's duties under this
22-12 Act;
22-13 (3) delegate to the executive director any power or
22-14 duty imposed on the council by law, including the authority to make
22-15 a final order or decision but not including the authority to adopt
22-16 rules;
22-17 (4) provide for the mediation or arbitration of
22-18 disputes between agencies that perform functions for federal
22-19 programs as provided by this Act;
22-20 (5) accept gifts, grants, and donations of money,
22-21 goods, or services to be used only to accomplish the council's
22-22 duties under this Act; and
22-23 (6) share employees with another state agency.
22-24 SECTION 3.08. SUBCOMMITTEES; TECHNICAL ADVISORY COMMITTEES.
22-25 (a) The presiding officer of the council may appoint subcommittees
22-26 consisting of members of the council for any purpose consistent
22-27 with the duties and responsibilities of the council under this Act.
23-1 (b) The presiding officer of the council may appoint
23-2 technical advisory committees composed of council members or
23-3 persons who are not council members, or both members and
23-4 non-members.
23-5 SECTION 3.09. TRANSFER OF STATE ADVISORY COUNCIL
23-6 RESPONSIBILITIES. (a) The council shall assume the
23-7 responsibilities assigned to the state advisory council under the
23-8 following federal laws:
23-9 (1) the Job Training Partnership Act (29 U.S.C.
23-10 Section 1501 et seq.) and its subsequent amendments;
23-11 (2) the Carl D. Perkins Vocational and Applied
23-12 Technology Education Act (20 U.S.C. Section 2301 et seq.) and its
23-13 subsequent amendments;
23-14 (3) the National and Community Service Act of 1990 (42
23-15 U.S.C. Section 12501 et seq.) and its subsequent amendments;
23-16 (4) the Adult Education Act (20 U.S.C. Section 1201 et
23-17 seq.) and its subsequent amendments;
23-18 (5) the Wagner-Peyser Act (29 U.S.C. Section 49 et
23-19 seq.) and its subsequent amendments;
23-20 (6) Part F, Subchapter IV, Social Security Act (42
23-21 U.S.C. Section 681 et seq.), and its subsequent amendments;
23-22 (7) the employment program established under Section
23-23 6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)), and
23-24 its subsequent amendments; and
23-25 (8) the National Literacy Act of 1991 (Pub. L. 102-73
23-26 et seq.) and its subsequent amendments.
23-27 (b) The council shall assume the responsibilities formerly
24-1 exercised by the following state advisory councils:
24-2 (1) the State Job Training Coordinating Council;
24-3 (2) the Texas Council on Vocational Education;
24-4 (3) the technical advisory committee to the State
24-5 Occupational Information Coordinating Council;
24-6 (4) the Texas Literacy Council; and
24-7 (5) the Apprenticeship and Training Advisory
24-8 Committee.
24-9 SECTION 3.10. FISCAL AGENT. The council may designate
24-10 another state agency to serve as the council's fiscal agent if the
24-11 designated agent agrees to the designation.
24-12 SECTION 3.11. EXECUTIVE DIRECTOR; COUNCIL STAFF. (a) The
24-13 presiding officer of the council shall appoint an executive
24-14 director for the council.
24-15 (b) The executive director shall:
24-16 (1) report to the presiding officer of the council;
24-17 (2) perform duties assigned by the council and under
24-18 state law;
24-19 (3) administer the day-to-day operations of the
24-20 council;
24-21 (4) appoint officers, accountants, attorneys, experts,
24-22 and other employees for the council and assign duties for these
24-23 employees as necessary in the performance of the council's powers
24-24 and duties under this Act;
24-25 (5) delegate authority to persons appointed under this
24-26 section as the executive director considers to be reasonable and
24-27 proper for the effective administration of the council; and
25-1 (6) perform other duties assigned by this Act.
25-2 (c) The executive director may adopt the administrative and
25-3 personnel procedures of the council's fiscal agent rather than
25-4 adopting new procedures for the council.
25-5 (d) The council shall have an independent staff with
25-6 sufficient expertise to perform all duties and responsibilities
25-7 assigned to the council under this Act and under state and federal
25-8 law. The staff of the council may be supplemented by staff from
25-9 other state agencies who are temporarily assigned to assist with
25-10 special projects.
25-11 (e) The executive director of the State Occupational
25-12 Information Coordinating Council shall report to the executive
25-13 director of the council and shall provide labor market information,
25-14 information relevant to workforce program evaluation, and staff
25-15 technical assistance to the council and its staff as necessary.
25-16 The executive director of the State Occupational Information
25-17 Coordinating Council may enter into contracts for products and
25-18 services with State Occupational Information Coordinating Council
25-19 membership agencies and other organizations if consistent with the
25-20 state strategic plan.
25-21 SECTION 3.12. PERSONNEL POLICIES. (a) The executive
25-22 director of the council shall develop an intra-agency career ladder
25-23 program. The program shall require the intra-agency posting of all
25-24 nonentry-level positions concurrently with any public posting.
25-25 (b) The executive director shall develop a system of annual
25-26 performance evaluations based on measurable job tasks. All merit
25-27 pay for council employees must be based on the system established
26-1 under this subsection.
26-2 SECTION 3.13. TRAINING; STANDARDS OF CONDUCT INFORMATION.
26-3 (a) Each council member shall comply with the member training
26-4 requirements established by any other state agency that is given
26-5 authority to establish the requirements for the council.
26-6 (b) The executive director shall provide to the council's
26-7 members and employees, as often as necessary, information regarding
26-8 their qualifications for office or employment under this Act and
26-9 their responsibilities under applicable laws relating to standards
26-10 of conduct for state officers and employees.
26-11 SECTION 3.14. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
26-12 (a) The executive director shall prepare and maintain a written
26-13 policy statement to assure implementation of a program of equal
26-14 employment opportunity under which all personnel transactions are
26-15 made without regard to race, color, disability, sex, religion, age,
26-16 or national origin. The policy statement must include:
26-17 (1) personnel policies, including policies relating to
26-18 recruitment, evaluation, selection, application, training, and
26-19 promotion of personnel that are in compliance with the Commission
26-20 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
26-21 and its subsequent amendments;
26-22 (2) a comprehensive analysis of the council's
26-23 workforce that meets federal and state guidelines;
26-24 (3) procedures by which a determination can be made of
26-25 significant underuse in the council's workforce of all persons for
26-26 whom federal or state guidelines encourage a more equitable
26-27 balance; and
27-1 (4) reasonable methods to appropriately address those
27-2 areas of underuse.
27-3 (b) A policy statement under Subsection (a) of this section
27-4 must cover an annual period, be updated annually, be reviewed by
27-5 the Commission on Human Rights for compliance with Subsection
27-6 (a)(1) of this section, and be filed with the governor's office.
27-7 (c) The governor's office shall deliver a biennial report to
27-8 the legislature based on the information received under Subsection
27-9 (b) of this section. The report may be made separately or as part
27-10 of other biennial reports to the legislature.
27-11 SECTION 3.15. COUNCIL RECOMMENDATIONS; COOPERATION WITH
27-12 STATE AGENCIES. (a) The council shall develop recommendations
27-13 periodically in each of the council's areas of responsibility and
27-14 shall submit the recommendations to the governor.
27-15 (b) The governor shall consider the recommendations
27-16 submitted under this section. The governor shall approve,
27-17 disapprove, or modify the recommendations and return the
27-18 recommendations to the council to be forwarded as appropriate or
27-19 forward an approved or modified recommendation without returning
27-20 the recommendation to the council. An approved or modified
27-21 recommendation shall be forwarded to the appropriate agency for
27-22 implementation. A recommendation that is approved or modified that
27-23 requires a change in state or federal law shall be forwarded to the
27-24 appropriate legislative body for consideration.
27-25 (c) A recommendation that is not approved, disapproved, or
27-26 modified by the governor before the 90th day after the date the
27-27 recommendation is submitted shall be considered to be approved by
28-1 the governor.
28-2 (d) State agencies that are responsible for the
28-3 administration of human resources and workforce development
28-4 programs in this state shall implement the recommendations to the
28-5 extent possible.
28-6 (e) A state agency shall:
28-7 (1) provide requested information to the council in a
28-8 timely manner;
28-9 (2) report on the implementation of the council's
28-10 recommendations at the time and in the format requested by the
28-11 council; and
28-12 (3) notify the governor, the executive director, and
28-13 the presiding officer of the council if the agency determines that
28-14 a recommendation cannot be implemented.
28-15 (f) A recommendation approved by the governor with regard to
28-16 the state or federal Job Training Partnership Act (29 U.S.C.
28-17 Section 1501 et seq.) shall be implemented by the agency
28-18 responsible for the administration of that Act as required by
28-19 federal law.
28-20 SECTION 3.16. STRATEGIC PLAN. (a) In addition to the other
28-21 requirements of this Act, the strategic plan recommended by the
28-22 council shall recognize and address literacy and basic education as
28-23 activities that are critical to the well-being of individuals and
28-24 the state without regard to whether the training and education is
28-25 directed at preparing an individual for employment.
28-26 (b) The strategic plan shall include goals, objectives, and
28-27 performance measures for all economic and workforce development
29-1 programs that are represented on the council.
29-2 (c) On approval of the plan by the governor, an agency
29-3 represented on the council shall use the strategic plan to develop
29-4 the agency's operational plan.
29-5 SECTION 3.17. FUNDING. (a) Federal funding for the
29-6 operation of the council shall be allocated according to federal
29-7 requirements.
29-8 (b) A state agency represented on the council shall provide
29-9 funds for the support of the council in proportion to the agency's
29-10 financial participation in the workforce development system. The
29-11 legislature shall appropriate funds to the council on the basis of
29-12 this subsection.
29-13 ARTICLE 4. DESIGNATION OF WORKFORCE DEVELOPMENT AREAS
29-14 SECTION 4.01. DESIGNATION OF WORKFORCE DEVELOPMENT AREAS.
29-15 (a) The governor shall, after receiving the recommendations of the
29-16 Council on Workforce and Economic Competitiveness, publish a
29-17 proposed designation of local workforce development areas for the
29-18 planning and delivery of workforce development services, each of
29-19 which:
29-20 (1) is composed of more than one contiguous unit of
29-21 general local government, that includes at least one county;
29-22 (2) is consistent with either a local labor market
29-23 area, a metropolitan statistical area, one of the 24 substate
29-24 planning areas, or one of the 10 uniform state service regions; and
29-25 (3) is of sufficient size to have the administrative
29-26 resources necessary to provide for the effective planning,
29-27 management, and delivery of workforce development services.
30-1 (b) Units of general local government, business and labor
30-2 organizations, and other affected persons and organizations shall
30-3 have an opportunity to comment on the proposed designation of a
30-4 workforce development area and to request revisions of the
30-5 designation.
30-6 (c) The governor, after considering all comments and
30-7 requests for changes, shall make the final designation of workforce
30-8 development areas. The governor may redesignate workforce
30-9 development areas not more than once every two years. A
30-10 redesignation must be made not later than four months before the
30-11 beginning of a program year.
30-12 ARTICLE 5. LOCAL WORKFORCE DEVELOPMENT BOARDS
30-13 SECTION 5.01. CREATION OF LOCAL WORKFORCE DEVELOPMENT
30-14 BOARDS. (a) The chief elected officials in a workforce
30-15 development area designated by the governor under Section 4.01 of
30-16 this Act may form, in accordance with rules established by the
30-17 commission, a local workforce development board to plan and oversee
30-18 the delivery of all workforce training and services programs and
30-19 evaluate all workforce development programs in the workforce
30-20 development area.
30-21 (b) On agreement regarding the formation of a local
30-22 workforce development board, the chief elected officials shall
30-23 reduce the agreement to writing. The local government agreement
30-24 shall include:
30-25 (1) the purpose for the agreement;
30-26 (2) the process that will be used to select the chief
30-27 elected official who will act on behalf of the other chief elected
31-1 officials;
31-2 (3) the initial size of the local workforce
31-3 development board;
31-4 (4) the process to be used to appoint the board
31-5 members, which must be consistent with applicable federal and state
31-6 laws; and
31-7 (5) the terms of office of the members of the board.
31-8 (c) The chief elected officials shall consider the views of
31-9 all affected local organizations, including private industry
31-10 councils and quality workforce planning committees, before making a
31-11 final decision regarding the formation of a local workforce
31-12 development board.
31-13 (d) None of the powers and duties granted a workforce
31-14 development board under this Act may be exercised in a workforce
31-15 development area until the chief elected officials in that area
31-16 reach an agreement providing for the establishment of a local
31-17 workforce development board and the board is certified by the
31-18 governor.
31-19 (e) A private industry council in an area in which a local
31-20 workforce development board is not created or in which the chief
31-21 elective officers are unable to negotiate the establishment of a
31-22 local workforce development board may not exercise any of the
31-23 powers granted a local workforce development board by this Act.
31-24 SECTION 5.02. LOCAL BOARD MEMBERSHIP. (a) A local
31-25 workforce development board is appointed by the chief elected
31-26 officials consistent with the local government agreement and
31-27 applicable federal and state laws. Board members serve fixed and
32-1 staggered terms as provided by the agreement or applicable federal
32-2 or state laws and may continue to serve until successors are
32-3 appointed. Board membership shall reflect the ethnic and
32-4 geographic diversity of the workforce development area. A board is
32-5 composed as follows:
32-6 (1) representatives of the private sector, who shall
32-7 constitute a majority of the membership of the board and who are
32-8 owners of business concerns, chief executives or chief operating
32-9 officers of nongovernmental employers, or other private sector
32-10 executives who have substantial management or policy
32-11 responsibilities;
32-12 (2) representatives of organized labor and
32-13 community-based organizations, who shall constitute not less than
32-14 15 percent of the membership of the board; and
32-15 (3) representatives of each of the following:
32-16 (A) educational agencies, including secondary
32-17 and postsecondary practitioners representing vocational education,
32-18 that are representative of all educational agencies in the service
32-19 delivery area;
32-20 (B) vocational rehabilitation agencies;
32-21 (C) public assistance agencies;
32-22 (D) economic development agencies;
32-23 (E) the public employment service;
32-24 (F) local literacy councils; and
32-25 (G) adult basic and continuing education
32-26 organizations.
32-27 (b) The chairman of the board shall be selected from among
33-1 the members of the board who represent the private sector.
33-2 (c) Private sector representatives on the board shall be
33-3 selected from among individuals nominated by general-purpose
33-4 business organizations after consulting with and receiving
33-5 recommendations from other business organizations in the workforce
33-6 development area. The number of the nominations shall be at least
33-7 150 percent of the number of individuals to be appointed under
33-8 Subsection (a)(1) of this section. The nominations and the
33-9 individuals selected from the nominations must reasonably represent
33-10 the industrial and demographic composition of the business
33-11 community. If possible, at least one-half of the business and
33-12 industry representatives shall be representatives of small
33-13 business, including minority business.
33-14 (d) In this section:
33-15 (1) "general purpose business organization" means an
33-16 organization that admits to membership any for-profit business
33-17 operating within the workforce development area; and
33-18 (2) "small business" means a private for-profit
33-19 enterprise employing not more than 500 employees.
33-20 (e) The education representatives on the board shall be
33-21 selected from among individuals nominated by regional or local
33-22 educational agencies, vocational education institutions,
33-23 institutions of higher education, including entities offering adult
33-24 education, and general organizations of the institutions within
33-25 the workforce development area.
33-26 (f) The labor representatives on the board shall be selected
33-27 from individuals recommended by recognized state and local labor
34-1 federations. If a state or local labor federation fails to
34-2 nominate a sufficient number of individuals to meet the labor
34-3 representation requirements of Subsection (a)(2) of this section,
34-4 individual workers may be included on the council to complete the
34-5 labor representation.
34-6 (g) The remaining members of the board shall be selected
34-7 from individuals recommended by interested organizations.
34-8 (h) The board may create committees as needed to carry out
34-9 its duties and responsibilities. The board may create technical
34-10 advisory groups composed of both council and noncouncil members to
34-11 provide assistance as needed.
34-12 (i) Members of the board shall avoid the appearance of
34-13 conflict of interest by recusing themselves on votes of the board
34-14 directly affecting the funding of their organization or any
34-15 organization that they represent.
34-16 SECTION 5.03. CERTIFICATION OF BOARD. The governor shall
34-17 certify a local workforce development board if the governor
34-18 determines that the board's composition and appointments are
34-19 consistent with applicable federal and state laws and requirements.
34-20 Certification shall be made or denied not later than the 30th day
34-21 after the date a certification request is submitted to the
34-22 governor. None of the powers and duties granted a board under this
34-23 Act shall be exercised in a workforce development area until the
34-24 board is certified by the governor.
34-25 SECTION 5.04. FUNCTIONS OF BOARD. (a) A board is directly
34-26 responsible and accountable to the commission for the planning and
34-27 delivery of workforce training and services in the workforce
35-1 development area. A workforce development board shall insure
35-2 effective outcomes as evidenced by performance measures and other
35-3 quality control and evaluation measures implemented by the board.
35-4 The commission shall assist workforce development boards in
35-5 designing effective measures to accomplish this responsibility.
35-6 (b) A board shall:
35-7 (1) serve as a single point of contact for local
35-8 business to communicate their skill needs and influence the
35-9 direction of workforce education and training programs in the
35-10 workforce development area;
35-11 (2) develop a local plan for addressing the workforce
35-12 development needs of the workforce development area that:
35-13 (A) is responsive to the goals, objectives, and
35-14 performance standards established by the governor;
35-15 (B) targets services to meet local needs,
35-16 including the identification of industries and employers likely to
35-17 employ workers who complete job training programs; and
35-18 (C) ensures that the workforce development
35-19 system, including the educational system, has the flexibility to
35-20 meet the needs of local businesses;
35-21 (3) designate the board or some other entity as the
35-22 board's fiscal agent to be responsible and accountable for the
35-23 management of all workforce development funds available to the
35-24 board;
35-25 (4) create local workforce development centers as
35-26 established in Article 6 of this Act;
35-27 (5) review plans for workforce education to ensure
36-1 that the plans address the needs of local businesses;
36-2 (6) assume the functions and responsibilities of local
36-3 workforce development advisory boards and councils authorized by
36-4 federal or state laws, including private industry councils, quality
36-5 workforce planning committees, job service employer committees, and
36-6 local vocational program advisory committees as appropriate;
36-7 (7) monitor and evaluate the effectiveness of the
36-8 workforce development centers, other contractors providing
36-9 workforce development services for the board, and vocational and
36-10 technical education programs operated by local education agencies
36-11 and institutions of higher education;
36-12 (8) have the authority to increase or decrease the
36-13 size of the board's membership consistent with applicable federal
36-14 laws;
36-15 (9) promote cooperation and coordination among public
36-16 organizations, community organizations, and private business
36-17 providing workforce development services; and
36-18 (10) review applications as consistent with rules
36-19 developed by the Texas Department of Commerce for funds under the
36-20 smart jobs fund program under Subchapter J, Chapter 481, Government
36-21 Code. The board may provide relevant labor market information and
36-22 information regarding the availability of existing workforce
36-23 development programs to the department.
36-24 SECTION 5.05. EMPLOYER-DRIVEN NEEDS ASSESSMENT. (a) A
36-25 board shall establish and operate an automated, interactive
36-26 employer-driven labor market information system to identify
36-27 occupation-specific labor demand in each workforce development
37-1 area.
37-2 (b) A board shall periodically provide a report summarizing
37-3 occupation-specific labor demand to each public postsecondary
37-4 institution providing vocational and technical education in a
37-5 workforce development area.
37-6 (c) If a need is identified in the availability of workforce
37-7 education as indicated by the labor market information system
37-8 provided by the board, by a direct request of employers located in
37-9 the workforce area, or as the result of an economic development
37-10 incentive package designed to attract or retain an employer, the
37-11 institution shall apply within 30 days to the Texas Higher
37-12 Education Coordinating Board for approval to offer the needed
37-13 workforce education. The coordinating board shall give immediate
37-14 priority to the institution's application and shall notify the
37-15 institution of the board's approval or disapproval not later than
37-16 the 100th day after the date the application is received.
37-17 (d) If more than one institution in a workforce development
37-18 area applies under Subsection (c) of this section to provide the
37-19 needed workforce education, the Texas Higher Education Coordinating
37-20 Board shall select one or more institutions to offer the needed
37-21 education as provided by Section 61.051, Education Code, and its
37-22 subsequent amendments.
37-23 (e) A local workforce development board may solicit other
37-24 qualified providers to apply to the coordinating board to provide
37-25 needed education to be funded through state-appropriated formula
37-26 funds if an institution approved by the Texas Higher Education
37-27 Coordinating Board does not offer the approved workforce education
38-1 in a timely manner.
38-2 (f) A public community college shall promptly provide
38-3 workforce training and services that are requested:
38-4 (1) by the workforce development board based on the
38-5 board's labor demand information system for the area;
38-6 (2) by employers located in the college's taxing
38-7 district when the request is presented directly to the college by
38-8 the employers or through the workforce development board; or
38-9 (3) as part of an economic development incentive
38-10 package designed to attract or retain an employer, including a
38-11 package offered under the smart jobs fund program under Subchapter
38-12 J, Chapter 481, Government Code, and its subsequent amendments.
38-13 (g) An institution of higher education that has local taxing
38-14 authority and is governed by a locally elected board of trustees is
38-15 the primary provider of local workforce training and services that
38-16 are needed by an employer within the taxing district and funded
38-17 fully or in part by local funds, except in Cameron, McLennan, and
38-18 Potter counties, or by technical vocational funds administered by
38-19 the commission. A local workforce development board shall select
38-20 another qualified local or statewide provider if the local
38-21 institution does not promptly provide locally needed workforce
38-22 training and services.
38-23 (h) This section does not prohibit an institution of higher
38-24 education from offering workforce education or workforce training
38-25 and services that:
38-26 (1) are needed by an employer located in the college's
38-27 taxing district and that meet all applicable standards; or
39-1 (2) have been approved under applicable law and that
39-2 are reviewed by the Texas Higher Education Coordinating Board.
39-3 (i) This Act may not be interpreted to restrict a person's
39-4 authority to contract for the provision of workforce education or
39-5 workforce training and services that are provided without state or
39-6 federal funds.
39-7 SECTION 5.06. LIST OF PUBLICLY FUNDED PROGRAMS AND CLASSES.
39-8 (a) A local education agency and public or private postsecondary
39-9 educational institution shall provide the local workforce
39-10 development board a list of all vocational-technical programs and
39-11 classes the agency or institution offers that are funded by state
39-12 or federal funds.
39-13 (b) A local workforce development board, with the assistance
39-14 of the demand occupation list developed by the board, shall
39-15 evaluate the supply of vocational-technical programs in relation to
39-16 the demand for the programs and report any discrepancies between
39-17 supply and demand to the appropriate educational institution, the
39-18 Central Education Agency, the Texas Higher Education Coordinating
39-19 Board, the Council on Workforce and Economic Competitiveness, and
39-20 the Legislative Budget Board.
39-21 SECTION 5.07. BUDGET AND STAFFING. (a) A board shall
39-22 establish a budget for the board that must be included in the local
39-23 workforce development plan submitted to the Council on Workforce
39-24 and Economic Competitiveness. A board may employ professional,
39-25 technical, and support staff as necessary to carry out its
39-26 strategic planning, oversight, and evaluation functions. A board's
39-27 staff shall be separate from and independent of any organization
40-1 providing education or workforce development services in the
40-2 workforce development area.
40-3 (b) The requirement for separate staffing does not preclude
40-4 a local workforce development board from designating a qualified
40-5 organization to provide staff services to the board provided that
40-6 the board arranges for independent evaluation of any other
40-7 workforce services provided by the staffing organization and
40-8 requests and obtains a waiver of the separate staffing requirement
40-9 from the Council on Workforce and Economic Competitiveness. The
40-10 request for the waiver must contain a detailed justification based
40-11 on such factors as cost effectiveness, prior experience, geographic
40-12 and/or budgetary considerations, and availability of qualified
40-13 applicants.
40-14 SECTION 5.08. APPROVAL OF FISCAL AGENT. The commission must
40-15 approve the fiscal agent selected by a local workforce development
40-16 board before the disbursement of any federal or state workforce
40-17 development funds to the board. The commission's approval shall be
40-18 based on an audit of the financial capability of the fiscal agent
40-19 to assure that fiscal controls and fund accounting procedures
40-20 necessary to guarantee the proper disbursal of and accounting for
40-21 federal and state funds are in place.
40-22 SECTION 5.09. CONTRACTING FOR SERVICE DELIVERY. (a) A
40-23 local workforce development board may not be a direct provider of
40-24 client services. A board may request a waiver of this requirement
40-25 from the Council on Workforce and Economic Competitiveness. The
40-26 request for a waiver must include a detailed justification based on
40-27 the lack of an existing qualified alternative for delivery of
41-1 client services in the workforce development area.
41-2 (b) If a board receives a waiver to provide direct client
41-3 services, the evaluation of results and outcomes is provided by the
41-4 commission.
41-5 SECTION 5.10. INCENTIVES AND WAIVERS. (a) A local
41-6 workforce development board certified by the governor is eligible
41-7 for incentives and program waivers to promote and support
41-8 integrated planning and delivery of workforce development services.
41-9 (b) Incentives, to the extent feasible under existing
41-10 federal and state workforce development laws, include:
41-11 (1) priority for discretionary funding, including
41-12 financial incentives for the consolidation of service delivery
41-13 areas authorized under the federal Job Training Partnership Act (29
41-14 U.S.C. Section 1501 et seq.); and
41-15 (2) block grants of formula allocated funding.
41-16 (c) The governor, in concert with the Council on Workforce
41-17 and Economic Competitiveness and the local workforce development
41-18 boards, shall:
41-19 (1) identify specific barriers to integrated service
41-20 delivery at the local level;
41-21 (2) request waivers from existing federal and state
41-22 regulations; and
41-23 (3) advocate changes in federal and state laws to
41-24 promote local service integration.
41-25 SECTION 5.11. SANCTIONS FOR NONPERFORMANCE. (a) The
41-26 commission shall provide technical assistance to local workforce
41-27 development areas that fail to meet performance standards
42-1 established under this Act and other applicable federal and state
42-2 laws. If a local workforce development area fails to meet
42-3 performance standards for two consecutive program years, the
42-4 commission shall develop and impose a reorganization plan that may
42-5 include restructuring the local workforce development board,
42-6 prohibiting the use of designated service providers, and merging
42-7 the local workforce development area with another area.
42-8 (b) A local workforce development area that is the subject
42-9 of a reorganization plan may appeal to the governor to rescind or
42-10 revise the plan not later than the 30th day after the date of
42-11 receiving notice of the plan.
42-12 SECTION 5.12. SANCTIONS FOR LACK OF FISCAL ACCOUNTABILITY.
42-13 If, as a result of financial and compliance audits or for another
42-14 reason, the commission determines that there is a substantial
42-15 violation of a specific provision of this Act or another federal or
42-16 state law or regulation and corrective action has not been taken,
42-17 the commission shall:
42-18 (1) issue a notice of intent to revoke all or part of
42-19 the affected local plan;
42-20 (2) issue a notice of intent to immediately cease
42-21 reimbursement of local program costs; or
42-22 (3) impose a reorganization plan under Section 5.11 of
42-23 this Act for the local workforce development area.
42-24 SECTION 5.13. NONPROFIT STATUS; ABILITY TO SOLICIT FUNDS.
42-25 (a) A local workforce development board may apply for and receive
42-26 a charter as a private, nonprofit corporation under the laws of
42-27 this state and may choose to be recognized as a Section 501(c)(3)
43-1 organization under the Internal Revenue Code of 1986 (26 U.S.C.
43-2 Section 501(c)(3)).
43-3 (b) In addition to receiving funds specified in this Act, a
43-4 local workforce development board may solicit additional funds from
43-5 other sources, both public and private. A board may not solicit or
43-6 accept money from an entity with whom the board contracts for the
43-7 delivery of services.
43-8 SECTION 5.14. PLANS FOR WORKFORCE EDUCATION. In addition to
43-9 the other requirements of this Act, in evaluating a plan for
43-10 workforce education to ensure that the plan addresses the needs of
43-11 local businesses, a board, on behalf of local businesses, may
43-12 recommend changes in the delivery of programs the board provides.
43-13 A provider must respond to a change recommended by a board not
43-14 later than the 30th day after the date the provider receives the
43-15 recommendation.
43-16 ARTICLE 6. LOCAL DELIVERY SYSTEM
43-17 SECTION 6.01. WORKFORCE DEVELOPMENT CENTERS. A local
43-18 workforce development board shall establish workforce development
43-19 centers accessible to workers and employers throughout the
43-20 workforce development area. Each center shall provide access to
43-21 information and services available in the workforce development
43-22 area and shall address the individual needs of workers and
43-23 employers. The services available at a center shall be tailored to
43-24 meet individual needs and shall include the following:
43-25 (1) labor market information, including the skills of
43-26 the area workforce, available job openings, and the education,
43-27 training, and employment opportunities in the local area, in the
44-1 state, and as feasible, in the nation;
44-2 (2) common intake and eligibility determination for
44-3 all workforce development programs and services;
44-4 (3) independent assessment of individual needs and the
44-5 development of an individual service strategy;
44-6 (4) centralized and continuous case management and
44-7 counseling;
44-8 (5) individual referral for services including basic
44-9 education, classroom skills training, on-the-job training, and
44-10 customized training; and
44-11 (6) supportive services, including child care, loans,
44-12 and other forms of financial assistance required to participate in
44-13 and complete training.
44-14 SECTION 6.02. RIGHT TO KNOW. A local workforce development
44-15 center shall provide each individual who participates in a
44-16 vocational or technical training program a written document that
44-17 informs the person of current employment prospects and the current
44-18 wage level for a person who completes the vocational or technical
44-19 training program.
44-20 ARTICLE 7. MANUFACTURING TECHNOLOGY NETWORK
44-21 SECTION 7.01. PURPOSE. In light of the transition occurring
44-22 in defense-related industries and other manufacturing sectors in
44-23 this state, small and medium-sized enterprises in this state need a
44-24 manufacturing technology system that combines the resources of the
44-25 public and private sectors. The system is necessary to:
44-26 (1) expand and diversify the state economy and provide
44-27 new and higher quality jobs for the citizens of this state;
45-1 (2) effectively deploy the appropriate technology for
45-2 competitive manufacturing in the global economy through workforce
45-3 development, applied research, and new product development;
45-4 (3) build the awareness of and the capacity for
45-5 education and training that meets the needs of enterprises and
45-6 workers;
45-7 (4) stimulate financial capital for basic and applied
45-8 research to move innovation to commercial application; and
45-9 (5) encourage the building of partnerships between
45-10 industry, education, and the public sector to enhance and improve
45-11 the overall use of the state's human and capital resources.
45-12 SECTION 7.02. DEFINITIONS. In this article:
45-13 (1) "Applied research" means research activity at an
45-14 institution of higher education, a nonprofit research foundation,
45-15 or in the private sector that focuses available knowledge for
45-16 application to resolve identified problems the results of which may
45-17 be used in industry to improve processes and applications of
45-18 technology.
45-19 (2) "Basic research" means an original investigation
45-20 performed to advance scientific knowledge that does not have a
45-21 specific commercial objective but has a potential long-range value
45-22 to commercial interests.
45-23 (3) "Enterprise" means a firm that has its principal
45-24 place of business or a manufacturing facility in this state.
45-25 (4) "Institution of higher education" has the meaning
45-26 assigned by Section 61.003, Education Code, and its subsequent
45-27 amendments.
46-1 (5) "Manufacturing technology network" means a
46-2 coordinated network of public and private manufacturing
46-3 modernization resources designed to stimulate the competitiveness
46-4 of small and medium-sized manufacturing firms in this state,
46-5 including manufacturing technology centers, shared-use facilities,
46-6 extension services, and specific training programs.
46-7 (6) "New technology" means methods, products,
46-8 processes, and procedures developed through science or research.
46-9 (7) "Nonprofit research institution" means a not for
46-10 profit public or private facility in this state that has the
46-11 capacity to conduct applied and basic research projects and that is
46-12 not a subsidiary of a corporation, partnership, or association that
46-13 operates for a profit and does not have its stock or assets owned
46-14 or controlled by a corporation, partnership, or association that
46-15 operates for a profit.
46-16 (8) "Person" means an individual, partnership,
46-17 corporation, or joint venture that conducts business or proposes to
46-18 conduct business in this state.
46-19 (9) "Product" means an outcome, device, technique, or
46-20 process that has advanced beyond the theoretical stage, is in a
46-21 prototype or practice stage, and that is currently being or may in
46-22 the future be developed or marketed commercially.
46-23 (10) "Technology deployment" means the process of
46-24 assisting a manufacturing enterprise to appraise, purchase,
46-25 install, integrate, and effectively use equipment, techniques, and
46-26 processes, including the training of workers in the manufacturing
46-27 enterprise, that improve the quality and productivity of goods and
47-1 services.
47-2 (11) "Technology manufacturing and business incubator"
47-3 means a facility that houses and assists in the start-up of
47-4 business for technology-related businesses.
47-5 (12) "Technology transfer" means a two-way process by
47-6 which ideas or inventions for new technology developed in a
47-7 research program on a laboratory or pilot-plant scale are converted
47-8 to commercial use.
47-9 SECTION 7.03. MANUFACTURING TECHNOLOGY NETWORK. (a) The
47-10 strategic plan for economic and workforce development shall include
47-11 recommendations to the governor for the goals, objectives,
47-12 performance standards, and design of a manufacturing technology
47-13 network to improve the technological capabilities of small and
47-14 medium-sized manufacturing enterprises in this state.
47-15 (b) The plan shall:
47-16 (1) review current research and studies related to the
47-17 condition of manufacturing and defense-related enterprises and
47-18 associated technology deployment in this state;
47-19 (2) involve representatives of private sector
47-20 manufacturing enterprises to determine the composition and level of
47-21 services to be provided by the network and its components;
47-22 (3) include linkages between the state's four-year
47-23 institutions of higher education, community colleges, the Texas
47-24 State Technical College System, and proprietary schools to assist
47-25 in the improvement of technical curriculum and counseling,
47-26 including assistance to enable defense-industry workers and
47-27 military personnel who have management, professional, and technical
48-1 skills acquired in the defense industry or military, to acquire
48-2 skills necessary to obtain and thrive in new jobs;
48-3 (4) assure the development of quality education and
48-4 training curricula through the use of identified standards
48-5 developed against national and international standards;
48-6 (5) consider the availability of existing resources
48-7 for technology and business assistance, outreach capabilities, and
48-8 technology transfer in institutions of higher education, nonprofit
48-9 research institutions, local technology business incubators, and
48-10 other sources capable of forming a base for network services;
48-11 (6) make recommendations to the governor on applying
48-12 for federal funds to operate one or more manufacturing technology
48-13 centers and associated technology deployment; and
48-14 (7) establish a system to reduce existing barriers and
48-15 effectively use university and federal laboratories for technology
48-16 transfer activities.
48-17 (c) The network shall contain the following elements:
48-18 (1) the ability to meet the specific needs and
48-19 capabilities of enterprises seeking assistance;
48-20 (2) the capacity to respond to federal initiatives and
48-21 investment in technology deployment and defense conversion;
48-22 (3) the provision of assistance to small and
48-23 medium-sized manufacturing enterprises in this state in the:
48-24 (A) application of technology and the
48-25 integration of new technology with conventional systems;
48-26 (B) education and training of employees of small
48-27 and medium-sized enterprises, including training courses in
49-1 advanced manufacturing techniques and processes;
49-2 (C) provision of plant-based assessment of
49-3 problems with guidance for solutions; and
49-4 (D) provision of inter-firm collaboration,
49-5 including opportunities for enterprises in different fields to
49-6 exchange information, share experiences, and solve problems in
49-7 order to facilitate technology transfer;
49-8 (4) the establishment of a system to evaluate the
49-9 effectiveness and efficiency of services provided by the network to
49-10 small and medium-sized manufacturing enterprises;
49-11 (5) the ability to establish and operate, directly or
49-12 under a contract or interagency agreement, an electronic
49-13 information system designed to provide access to resources that
49-14 will assist enterprises in becoming more productive and
49-15 competitive;
49-16 (6) the ability to develop and distribute information
49-17 about manufacturing modernization and assistance that is available
49-18 to assist small and medium-sized enterprises to produce and market
49-19 higher-value added products;
49-20 (7) the establishment of special information and
49-21 educational training programs for persons who work with small and
49-22 medium-sized manufacturing enterprises;
49-23 (8) the improvement of existing networks or efforts to
49-24 match dislocated workers with special technical skills, including
49-25 workers in the defense industry and the military, with companies in
49-26 this state that need those workers and their skills, by assisting
49-27 potential employers in understanding and interpreting skills
50-1 acquired in defense-industry and military training programs and
50-2 other means; and
50-3 (9) the ability to assist workers who wish to start
50-4 new businesses with skills requiring special certification or
50-5 licensing through providing alternative or equivalent programs and
50-6 special entrepreneurship training.
50-7 ARTICLE 8. CONFORMING AMENDMENTS
50-8 SECTION 8.01. CONFORMING AMENDMENT. Subsections (f) and
50-9 (j), Section 61.051, Education Code, are amended to read as
50-10 follows:
50-11 (f) The board shall encourage and develop new certificate
50-12 programs in technical and vocational education in Texas public
50-13 technical institutes and public community colleges as the needs of
50-14 technology and industry may demand and shall recommend the
50-15 elimination of such programs for which a need no longer exists.
50-16 The board shall conduct a review of the certificate programs at
50-17 least every four years or on the request of the Council on
50-18 Workforce and Economic Competitiveness and shall terminate a
50-19 program that does not meet performance review standards and other
50-20 criteria established by the board. The board shall assume the
50-21 leadership role and administrative responsibilities for state level
50-22 administration of postsecondary technical-vocational education
50-23 programs in Texas public community colleges, public technical
50-24 institutes, and other eligible public postsecondary institutions.
50-25 The board shall ensure that standardized minimum technical and
50-26 skill-specific competency and performance standards for each
50-27 workforce education program, as developed by the Council on
51-1 Workforce and Economic Competitiveness, are used in the board's
51-2 review, approval, or disapproval of a vocational and technical
51-3 program financed by state and federal funds.
51-4 (j) No off-campus courses for credit may be offered by any
51-5 public technical institute, public community college, or public
51-6 college or university without specific prior approval of the board.
51-7 The board may not prohibit a public junior college district from
51-8 offering a course for credit outside the boundaries of the junior
51-9 college district when such course has met the requirements for
51-10 approval as adopted by the board. The board shall establish
51-11 regulations for the coordination of credit <and noncredit>
51-12 activities of adult and continuing education by public technical
51-13 institutes, public community colleges, or public colleges and
51-14 universities.
51-15 SECTION 8.02. CONFORMING AMENDMENT. Section 61.077,
51-16 Education Code, is amended to read as follows:
51-17 Sec. 61.077. JOINT ADVISORY COMMITTEE. (a) There is hereby
51-18 created a joint advisory committee for the purpose of advising the
51-19 Texas Higher Education Coordinating Board<, Texas College and
51-20 University System,> and the State Board of Education in
51-21 coordinating postsecondary vocational-technical activities, <and>
51-22 vocational-technical teacher education programs offered or proposed
51-23 to be offered in the colleges and universities of this state, and
51-24 other relevant matters, including those listed in Section 61.076 of
51-25 this code. The committee shall be composed of three members from
51-26 the State Board of Education, appointed by the chairman of the
51-27 board and three members from the Texas Higher Education
52-1 Coordinating Board, <Texas College and University System,>
52-2 appointed by the chairman of the board, <and> one member designated
52-3 by the presiding officer of the Council on Workforce and Economic
52-4 Competitiveness, and one member representing business designated by
52-5 the chair of the Texas Partnership for Economic Development <of the
52-6 Texas Council on Vocational Education, appointed by the chairman of
52-7 the council>. A member of the <coordinating> board shall be
52-8 designated as chairman of the joint advisory committee by the
52-9 chairman of the <coordinating> board. The committee shall hold
52-10 regular annual meetings as called by the chairman.
52-11 (b) The purposes of this committee shall include the
52-12 following:
52-13 (1) to advise the two boards on the coordination of
52-14 postsecondary vocational-technical education and the articulation
52-15 between postsecondary vocational-technical education and secondary
52-16 vocational-technical education;
52-17 (2) to facilitate the transfer of responsibilities for
52-18 the administration of postsecondary vocational-technical education
52-19 from the State Board of Education to the board <Coordinating Board,
52-20 Texas College and University System,> in accordance with Section
52-21 111(a)(I) of the Carl D. Perkins Vocational Education Act, Public
52-22 Law 98-524; <and>
52-23 (3) to advise the State Board of Education, when it
52-24 acts as the State Board of Vocational Education, on the following:
52-25 (A) <the allocation between secondary and
52-26 postsecondary education of funds received by the State of Texas
52-27 from the United States government under the Vocational Education
53-1 Act of 1963, as amended, and other federal statutes relating to
53-2 postsecondary vocational-technical education;>
53-3 <(B)> the transfer of federal funds to the
53-4 <coordinating> board for allotment to eligible public postsecondary
53-5 institutions of higher education;
53-6 (B) <(C)> the vocational-technical education
53-7 funding for projects and institutions as determined by the
53-8 <coordinating> board when the State Board of Vocational Education
53-9 is required by federal law to endorse such determinations;
53-10 (C) <(D)> the development and updating of the
53-11 state plan for vocational-technical education and the evaluation of
53-12 programs, services, and activities of postsecondary
53-13 vocational-technical education and such amendments to the state
53-14 plan for vocational-technical education as may relate to
53-15 postsecondary education; <and>
53-16 (D) <(E)> other matters related to postsecondary
53-17 vocational-technical education; and
53-18 (E) the coordination of curricula, instructional
53-19 programs, research, and other functions as appropriate, including
53-20 areas listed in Section 61.076 of this code, school-to-work and
53-21 school-to-college transition programs, and professional development
53-22 activities; and
53-23 (4) to advise the Council on Workforce and Economic
53-24 Competitiveness on educational policy issues related to workforce
53-25 preparation.
53-26 SECTION 8.03. CONFORMING AMENDMENT. Subsection (c), Section
53-27 481.152, Government Code, is amended to read as follows:
54-1 (c) The department shall administer the program and may
54-2 enter into an interagency agreement with the Texas Commission on
54-3 Workforce Competitiveness to perform services related to training
54-4 and other services agreed to by the commission and the department.
54-5 SECTION 8.04. CONFORMING AMENDMENT. The Texas Job-Training
54-6 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)
54-7 is amended by adding Section 7A to read as follows:
54-8 Sec. 7A. PRIVATE INDUSTRY COUNCIL; LOCAL WORKFORCE
54-9 DEVELOPMENT BOARD. For the purposes of this Act, private industry
54-10 council refers to both:
54-11 (1) the entity described as a private industry council
54-12 by the federal Act; and
54-13 (2) a local workforce development board in a local
54-14 market area in which a local workforce development board created
54-15 under Article 5, Workforce and Economic Competitiveness Act, has
54-16 been established.
54-17 ARTICLE 9. TRANSITION PROVISIONS
54-18 SECTION 9.01. EFFECTIVE DATE; TRANSITION. (a) This Act
54-19 takes effect September 1, 1993.
54-20 (b) The Texas Commission on Workforce Competitiveness and
54-21 the Council on Workforce and Economic Competitiveness shall be
54-22 appointed and operational not later than January 1, 1994.
54-23 (c) The Texas Employment Commission is merged into the Texas
54-24 Commission on Workforce Competitiveness on January 1, 1994. Any
54-25 reference in law to the Texas Employment Commission on or after
54-26 that date means the Texas Commission on Workforce Competitiveness.
54-27 (d) The programs listed in Section 2.03 of this Act are
55-1 transferred to the Texas Commission on Workforce Competitiveness on
55-2 January 1, 1994. Any reference in a law governing a program listed
55-3 in Section 2.03 of this Act to the agency that administered the
55-4 program before that date means the Texas Commission on Workforce
55-5 Competitiveness.
55-6 SECTION 9.02. TRANSITION OVERSIGHT COMMITTEE. (a) A
55-7 transition oversight committee is created June 1, 1993. The
55-8 committee is composed of the following members:
55-9 (1) the chair of the Texas Employment Commission;
55-10 (2) the chair of the State Job Training Coordinating
55-11 Council;
55-12 (3) the executive director of the Texas Department of
55-13 Commerce;
55-14 (4) the chair of the State Board of Education;
55-15 (5) the chairman of the Texas Higher Education
55-16 Coordinating Board;
55-17 (6) the presiding officer of the Texas Board of Human
55-18 Services;
55-19 (7) the chair of the Texas Council on Vocational
55-20 Education;
55-21 (8) the chair of the Texas Board on Aging;
55-22 (9) one member representing the general public to be
55-23 appointed by the governor;
55-24 (10) one member representing the general public to be
55-25 appointed by the lieutenant governor; and
55-26 (11) one member representing the general public to be
55-27 appointed by the speaker of the house of representatives.
56-1 (b) All agencies affected by the transfer are directed to
56-2 cooperate with the committee in formulating and implementing a
56-3 transition plan and program.
56-4 (c) The committee shall develop and oversee the
56-5 implementation of a plan that will carry out the full effect of
56-6 this Act in an orderly fashion. The committee shall prepare a
56-7 written report relating to the transfer of workforce development
56-8 programs to the Texas Commission on Workforce Competitiveness to be
56-9 filed with the governor, the lieutenant governor, and the speaker
56-10 of the house of representatives not later than September 1, 1993.
56-11 (d) The committee shall have the following duties and
56-12 authority:
56-13 (1) the power to appoint a full-time staff person with
56-14 clerical support to assist in all of the duties and
56-15 responsibilities of the commission;
56-16 (2) the power to have staff transferred from state
56-17 agencies to assist the committee in the implementation of the
56-18 committee's duties and responsibilities;
56-19 (3) the power to require the affected agencies to
56-20 develop transition programs and interim operating budgets as
56-21 necessary to ensure an orderly transition; and
56-22 (4) the power to adopt interim rules and procedures
56-23 consistent with this Act and the laws of the state.
56-24 (e) This section expires and the committee is abolished
56-25 January 1, 1994.
56-26 SECTION 9.03. MISCELLANEOUS TRANSITION PROVISIONS. (a) The
56-27 chief elected officials of a workforce development area may apply
57-1 for certification of a local workforce development board on or
57-2 after January 1, 1995. The chief elected officials may request a
57-3 waiver to allow the officials to establish a local workforce
57-4 development board before that date from the Council on Workforce
57-5 and Economic Competitiveness.
57-6 (b) To provide continuity, the chief elected officials shall
57-7 consider appointing persons to the local workforce development
57-8 boards who are serving or who have served previously on a private
57-9 industry council, a quality workforce planning committee, a job
57-10 service employer committee, and any other entity affected by this
57-11 Act.
57-12 (c) A local workforce development board established under
57-13 this Act and certified by the governor shall establish local
57-14 workforce development centers not later than the 270th day after
57-15 the board is certified.
57-16 (d) A local workforce development board created under this
57-17 Act is required to contract with the commission for the provision
57-18 of labor-exchange functions that were previously carried out at the
57-19 local level by the Texas Employment Commission. This subsection
57-20 does not apply to a workforce development area in which a local
57-21 workforce development board establishes cause for nonperformance.
57-22 The inapplicability of this subsection to a workforce development
57-23 area under this subsection may be contested by the commission. The
57-24 Council on Workforce and Economic Competitiveness has final
57-25 authority to resolve the issue under this subsection. This
57-26 subsection expires January 1, 1998.
57-27 (e) A local workforce development board may not have
58-1 authority over funds for adult basic education and literacy
58-2 programs in the area served by the board before January 1, 1995.
58-3 SECTION 9.04. Emergency. The importance of this legislation
58-4 and the crowded condition of the calendars in both houses create an
58-5 emergency and an imperative public necessity that the
58-6 constitutional rule requiring bills to be read on three several
58-7 days in each house be suspended, and this rule is hereby suspended,
58-8 and that this Act take effect and be in force according to its
58-9 terms, and it is so enacted.