S.B. No. 642
                                        AN ACT
    1-1  relating to the creation of the Council on Workforce and Economic
    1-2  Competitiveness, the creation of local workforce development
    1-3  boards, and the development of an integrated state and local
    1-4  program delivery system serving all Texans.
    1-6                   ARTICLE 1.  LEGISLATIVE FINDINGS
    1-7        SECTION 1.01.  LEGISLATIVE FINDINGS.  The legislature finds
    1-8  that:
    1-9              (1)  the economic future of this state and the
   1-10  prosperity of its citizens depend on the ability of businesses in
   1-11  this state to compete effectively in the world economy;
   1-12              (2)  a well-educated and highly trained workforce
   1-13  provides businesses in this state with the competitive edge
   1-14  critical for their success;
   1-15              (3)  the state's current workforce development effort
   1-16  is a fragmented array of more than 21 separately funded and
   1-17  administered education, job training, and employment programs
   1-18  operated by seven separate state agencies;
   1-19              (4)  this fragmented approach to service delivery
   1-20  results in the lack of clear accountability for results,
   1-21  duplication of services, inappropriate training, and wasted
   1-22  resources;
   1-23              (5)  consolidating the planning and budgeting functions
   1-24  of the various federal and state workforce development programs at
    2-1  the state and local level will improve the quality and
    2-2  effectiveness of services and provide businesses in this state with
    2-3  an element critical to their success, a high quality workforce; and
    2-4              (6)  empowering local business, labor, and community
    2-5  leaders to take a more active role in their communities' economic
    2-6  and workforce development will enhance the quality, efficiency, and
    2-7  responsiveness of these programs.
    2-8        SECTION 1.02.  SHORT TITLE.  Articles 2 through 6 of this Act
    2-9  may be cited as the Workforce and Economic Competitiveness Act.
   2-10        SECTION 1.03.  APPLICATION OF SUNSET ACT.  The Council on
   2-11  Workforce  and Economic Competitiveness is subject to Chapter 325,
   2-12  Government Code (Texas Sunset Act).  Unless continued in existence
   2-13  as provided by that chapter, the council is abolished September 1,
   2-14  2001.
   2-15        SECTION 1.04.  DEFINITIONS.  In this Act:
   2-16              (1)  "Council" means the Council on Workforce and
   2-17  Economic  Competitiveness.
   2-18              (2)  "Human resource investment council" means a human
   2-19  resource investment council under the Job Training Reform
   2-20  Amendments Act of 1992 (Pub. L.  No.  102-367, Section 701 et
   2-21  seq.).
   2-22              (3)  "Program year" means July 1 to June 30.
   2-23              (4)  "Workforce development" includes workforce
   2-24  education programs and workforce training and services.
   2-25              (5)  "Workforce education" means articulated
   2-26  career-path programs and the constituent courses of those programs
   2-27  that lead to initial  or continuing licensure or certification or
    3-1  associate degree-level accreditation and that are subject to:
    3-2                    (A)  initial and ongoing state approval or
    3-3  regional or specialized accreditation;
    3-4                    (B)  a formal state evaluation that provides the
    3-5  basis for program continuation or termination;
    3-6                    (C)  state accountability and performance
    3-7  standards; and
    3-8                    (D)  regional or statewide employer-driven labor
    3-9  market demand documentation.
   3-10              (6)  "Workforce training and services" means training
   3-11  and services programs that are not included within the definition
   3-12  of workforce education.
   3-14        SECTION 2.01.  CREATION OF COUNCIL.  The Council on Workforce
   3-15  and Economic Competitiveness is created as a state agency to act as
   3-16  a human resources investment council.
   3-17        SECTION 2.02.  MEMBERSHIP OF COUNCIL.  (a)  The council shall
   3-18  be appointed by the governor, who shall designate one of the
   3-19  business or labor representatives on the council to serve as
   3-20  presiding officer.  The membership shall reflect the ethnic and
   3-21  geographic diversity of the state.
   3-22        (b)  The council shall be composed of:
   3-23              (1)  the following ex officio voting members:
   3-24                    (A)  the commissioner of education;
   3-25                    (B)  the commissioner of higher education;
   3-26                    (C)  the commissioner of health and human
   3-27  services;
    4-1                    (D)  the executive director of the Texas
    4-2  Department of Commerce; and
    4-3                    (E)  the administrator of the Texas Employment
    4-4  Commission;
    4-5              (2)  six voting members appointed by the governor who
    4-6  represent education, at least one of whom represents local public
    4-7  education, one of whom represents public postsecondary education,
    4-8  one of whom represents secondary vocational education, and one of
    4-9  whom represents postsecondary vocational education;
   4-10              (3)  seven voting members who represent organized labor
   4-11  appointed by the governor based on recommendations made by
   4-12  recognized labor organizations;
   4-13              (4)  seven voting members appointed by the governor who
   4-14  represent business and industry, including business members serving
   4-15  on local workforce development boards or private industry councils;
   4-16              (5)  one voting member appointed by the governor who
   4-17  represents a community-based organization;
   4-18              (6)  one voting member appointed by the governor who
   4-19  represents a joint-sponsored apprenticeship program as defined by
   4-20  the United States Department of Labor's Bureau of Apprenticeship
   4-21  and Training appointed from a list of three nominees submitted to
   4-22  the governor by the Apprenticeship and Training Association of
   4-23  Texas;
   4-24              (7)  one voting member appointed by the governor who
   4-25  represents a community-based adult literacy organization;
   4-26              (8)  one voting member appointed by the governor who
   4-27  represents adult basic and continuing education programs;
    5-1              (9)  six voting members appointed by the governor each
    5-2  of whom represents not more than one of the following categories:
    5-3                    (A)  literacy groups;
    5-4                    (B)  local welfare or public housing agencies;
    5-5                    (C)  units of local government;
    5-6                    (D)  adult education organizations;
    5-7                    (E)  teachers or counselors;
    5-8                    (F)  local service delivery organizations;
    5-9                    (G)  special needs populations;
   5-10                    (H)  rural and agricultural organizations;
   5-11                    (I)  proprietary schools;
   5-12                    (J)  members of the state legislature; and
   5-13                    (K)  other groups and organizations; and
   5-14              (10)  the following ex officio nonvoting members:
   5-15                    (A)  the chair of the State Board of Education;
   5-16                    (B)  the chair of the Texas Higher Education
   5-17  Coordinating Board;
   5-18                    (C)  the presiding officer of the Texas Board of
   5-19  Human Services;
   5-20                    (D)  the presiding officer of the governing board
   5-21  of the Texas Department of Commerce;
   5-22                    (E)  the chair of the Texas Employment
   5-23  Commission;
   5-24                    (F)  the commissioner of the Texas Rehabilitation
   5-25  Commission; and
   5-26                    (G)  the executive director of the Texas
   5-27  Commission for the Blind.
    6-1        (c)  The presiding officer of the council shall designate a
    6-2  member of the council as assistant presiding officer to preside in
    6-3  the absence of the presiding officer.
    6-4        SECTION 2.03.  MEETINGS; TERMS.   (a)  The council shall meet
    6-5  at least quarterly and at other times at the call of the presiding
    6-6  officer or as provided by rules adopted by the council.
    6-7        (b)  A member of the council who does not serve as an ex
    6-8  officio member serves a six-year term, with one-third of those
    6-9  members' terms expiring in each odd-numbered year.  An ex officio
   6-10  member shall continue to serve as a member of the council as long
   6-11  as the member continues to serve in the designated office.
   6-12        SECTION 2.04.  DESIGNATED REPLACEMENTS.  A member of the
   6-13  council may designate another person to attend a meeting for the
   6-14  member.  The designated person may participate in the activities
   6-15  and discussions of the council but may not vote.
   6-16        SECTION 2.05.  GROUNDS FOR REMOVAL FROM COUNCIL.  (a)  It is
   6-17  a ground for removal from the council if a non-ex officio member:
   6-18              (1)  does not have at the time of appointment the
   6-19  qualifications required by Section 2.02 of this Act;
   6-20              (2)  does not maintain during service on the council
   6-21  the qualifications required by Section 2.02 of this Act;
   6-22              (3)  cannot discharge the member's duties for a
   6-23  substantial part of the term for which the member is appointed
   6-24  because of illness or disability;
   6-25              (4)  is absent from more than one-fourth of the
   6-26  regularly scheduled council meetings that the member is eligible to
   6-27  attend during a calendar year; or
    7-1              (5)  is absent from two consecutive council meetings
    7-2  for which the member received notice not less than 48 hours before
    7-3  the time of the meeting.
    7-4        (b)  The validity of an action of the council is not affected
    7-5  by the fact that it is taken when a ground for removal of a council
    7-6  member exists.
    7-7        (c)  If the executive director has knowledge that a potential
    7-8  ground for removal exists, the executive director shall notify the
    7-9  presiding officer of the council of the ground.  The presiding
   7-10  officer shall then notify the governor that a potential ground for
   7-11  removal exists.
   7-12        SECTION 2.06.  COUNCIL FUNCTIONS.  (a)  The council shall:
   7-13              (1)  promote the development of a well-educated, highly
   7-14  skilled workforce in this state through literacy, adult basic
   7-15  education, community education, apprenticeship, and
   7-16  state-of-the-art occupational skills education and training
   7-17  programs;
   7-18              (2)  serve as an advocate for the development of an
   7-19  integrated workforce development system to provide quality services
   7-20  addressing the needs of business and workers in this state;
   7-21              (3)  promote and assist in the development of an
   7-22  industry-based skills standards and certification system for
   7-23  occupations requiring less than a baccalaureate-level education and
   7-24  training;
   7-25              (4)  promote the development of high productivity
   7-26  workplaces in this state;
   7-27              (5)  recommend to the governor the components of a
    8-1  school and training-to-work transition process;
    8-2              (6)  develop and recommend to the governor a single
    8-3  strategic plan that establishes the framework for the budgeting and
    8-4  operation of all workforce development programs administered by
    8-5  agencies represented on the council;
    8-6              (7)  recommend to the governor the designation of
    8-7  workforce development areas for the local planning and delivery of
    8-8  workforce development programs;
    8-9              (8)  identify and recommend to the governor incentives
   8-10  to encourage the consolidation of local boards, councils, and
   8-11  committees;
   8-12              (9)  design and implement a state-local planning
   8-13  process for the state's workforce training and services programs;
   8-14              (10)  review local workforce training and services
   8-15  plans and make recommendations to the governor for approval;
   8-16              (11)  implement a statewide system for evaluating the
   8-17  effectiveness of all workforce development programs using the
   8-18  administrative records of the state's unemployment compensation
   8-19  program and other sources as appropriate;
   8-20              (12)  support research and demonstration projects
   8-21  designed to develop new programs and approaches to service
   8-22  delivery;
   8-23              (13)  provide for training and professional development
   8-24  for council members, local chief elected officials, workforce
   8-25  development boards and staff, and private industry councils and
   8-26  staff;
   8-27              (14)  serve as an advocate at the state and federal
    9-1  levels for the local workforce development boards;
    9-2              (15)  establish and operate a comprehensive labor
    9-3  market information system that serves employers, students, workers,
    9-4  and state and local planning  organizations;
    9-5              (16)  ensure that occupational skills training is
    9-6  provided in occupations that are currently in demand at the local
    9-7  level and is directed toward high-skill and high-wage jobs;
    9-8              (17)  develop and recommend to the governor and
    9-9  legislature not later than November 15, 1994, a plan for
   9-10  consolidating all workforce development programs in this state;
   9-11              (18)  oversee the operation of the state's workforce
   9-12  development programs to assess the degree to which the programs are
   9-13  effective in achieving state and local goals and objectives;
   9-14              (19)  develop and recommend to the governor criteria
   9-15  for the establishment of local workforce development boards;
   9-16              (20)  develop objective criteria for granting waivers
   9-17  allowed under this Act;
   9-18              (21)  develop and recommend to the governor a plan to
   9-19  ensure client accessibility to workforce programs that includes a
   9-20  uniform statewide client application system for determining an
   9-21  applicant's eligibility for a workforce program for which state or
   9-22  federal financial assistance is available; and
   9-23              (22)  carry out the federal and state mandated duties
   9-24  and responsibilities for all advisory councils under applicable
   9-25  federal and state workforce development programs.
   9-26        (b)  The council shall assume the duty to:
   9-27              (1)  develop, with the assistance of the appropriate
   10-1  state agencies, and recommend to the governor state plans required
   10-2  by applicable federal laws in order for the state to receive
   10-3  federal funds;
   10-4              (2)  make policy recommendations to the governor
   10-5  regarding goals and priorities for both formula and discretionary
   10-6  funds for all applicable programs;
   10-7              (3)  participate directly in the development of the
   10-8  master plan for vocational education, as required by law, and
   10-9  recommend the plan to the State Board of Education, the Texas
  10-10  Higher Education Coordinating Board, and the governor;
  10-11              (4)  ensure that general revenue funds previously
  10-12  available to the Texas Literacy Council are used to support the
  10-13  efforts of local literacy councils in a manner consistent with the
  10-14  state strategic plan;
  10-15              (5)  recommend to the State Board of Vocational
  10-16  Education the division of federal funds between secondary and
  10-17  postsecondary educational agencies under the Carl D. Perkins
  10-18  Vocational and Applied Technology Education Act (20 U.S.C. Section
  10-19  2301 et seq.); and
  10-20              (6)  make recommendations to the Texas Employment
  10-21  Commission   regarding unemployment insurance issues pertinent to
  10-22  the responsibilities of the council.
  10-23        (c)  In addition to the council's powers and duties under
  10-24  Subsections (a) and (b) of this section, the council may:
  10-25              (1)  adopt rules necessary and essential to the
  10-26  internal functions and duties of the council but not rules related
  10-27  to the operation of a workforce development program;
   11-1              (2)  make expenditures, enter into contracts with
   11-2  public, private, and nonprofit organizations or agencies, require
   11-3  reports to be made, conduct investigations, and take other actions
   11-4  necessary or suitable to fulfill the council's duties under this
   11-5  Act;
   11-6              (3)  delegate to the executive director any power or
   11-7  duty imposed on the council by law, including the authority to make
   11-8  a final order or decision but not including the authority to adopt
   11-9  rules;
  11-10              (4)  provide for the mediation or arbitration of
  11-11  disputes between agencies that perform functions for state and
  11-12  federal programs as provided by this Act;
  11-13              (5)  accept gifts, grants, and donations of money,
  11-14  goods, or services to be used only to accomplish the council's
  11-15  duties under this Act; and
  11-16              (6)  share employees with another state agency.
  11-17        SECTION 2.07.  STRATEGIC PLAN.  (a)  In addition to the other
  11-18  requirements of this Act, the strategic plan recommended by the
  11-19  council shall recognize and address literacy and basic education as
  11-20  activities that are critical to the well-being of individuals and
  11-21  the state without regard to whether the training and education is
  11-22  directed at preparing an individual for employment.
  11-23        (b)  The strategic plan shall include goals, objectives, and
  11-24  performance measures for all workforce development programs of
  11-25  state agencies that are represented on the council.
  11-26        (c)  On approval of the plan by the governor, an agency
  11-27  represented on the council shall use the strategic plan to develop
   12-1  the agency's operational plan.
   12-3  MEMBERS.  (a)  The council shall provide management and board
   12-4  development training for all members of local workforce development
   12-5  boards.  The training shall include information regarding the
   12-6  importance of high quality workforces to the economic prosperity of
   12-7  their communities and encourage board members to be advocates in
   12-8  their communities for effective and efficient workforce development
   12-9  programs.  A member of a workforce development board must receive
  12-10  the training under this section not later than the third month
  12-11  after beginning service on a certified board or the member shall be
  12-12  ineligible to continue serving on the board.
  12-13        (b)  Training may be provided directly by the council or by a
  12-14  third party that has demonstrated experience in providing training
  12-15  to local workforce development or similar boards.
  12-16        (c)  Local workforce development boards shall provide 25
  12-17  percent of the costs for all members' management and board
  12-18  development training.
  12-19        SECTION 2.09.  JOB PLACEMENT INFORMATION.  (a)  The council
  12-20  shall establish and maintain an automated follow-up and evaluation
  12-21  system based on unemployment insurance wage records maintained by
  12-22  the Texas Employment Commission, student follow-up information
  12-23  available through the Texas Higher Education Coordinating Board,
  12-24  and other information, as appropriate.  Each state agency
  12-25  represented on the council shall provide information to support the
  12-26  council's follow-up and evaluation system as requested.  The system
  12-27  shall be used to assist the council, local workforce development
   13-1  boards, institution boards, the Texas Higher Education Coordinating
   13-2  Board, the Central Education Agency, and other agencies in
   13-3  evaluating the labor market success and effectiveness of workforce
   13-4  development programs in this state.
   13-5        (b)  Evaluation data in the system shall include placement
   13-6  rates, wages paid, retention in employment statistics, the number
   13-7  of education and training-related placements, and other factors,
   13-8  including the pursuit of additional education.
   13-9        (c)  The council may develop a method for collecting
  13-10  occupational information to supplement wage record data collected
  13-11  by the Texas Employment Commission.  The council may request
  13-12  employers, providers, and other appropriate sources to provide
  13-13  placement, employment, and earnings data to the council.
  13-14        (d)  At least annually, the council shall issue an
  13-15  occupation-specific analysis by provider of the job placement
  13-16  performance of each workforce education program for the previous
  13-17  one-year, three-year, and five-year periods to:
  13-18              (1)  each provider of a workforce education program or
  13-19  workforce training and services program;
  13-20              (2)  the Texas Higher Education Coordinating Board for
  13-21  each provider of a workforce education program approved and
  13-22  administered by the board; and
  13-23              (3)  each local workforce development board for each
  13-24  provider of workforce training and services within the workforce
  13-25  development area.
  13-26        (e)  The Texas Higher Education Coordinating Board shall use
  13-27  the job placement information received under this section and other
   14-1  information to:
   14-2              (1)  evaluate the effectiveness of workforce education
   14-3  programs;
   14-4              (2)  determine whether a public or private workforce
   14-5  education program is not effective in placing persons who
   14-6  successfully complete the program in jobs related to the persons'
   14-7  training; and
   14-8              (3)  determine whether to continue, expand, or
   14-9  terminate a program established under Section 61.051, Education
  14-10  Code.
  14-11        (f)  The council and each local workforce development board
  14-12  shall use the information under this section and other information
  14-13  to determine whether a specific workforce training and service
  14-14  program administered by the local board is effective and whether to
  14-15  continue or discontinue the training and service program.
  14-17  (a)  The presiding officer of the council may appoint subcommittees
  14-18  consisting of members of the council for any purpose consistent
  14-19  with the duties and responsibilities of the council under this Act.
  14-20        (b)  The presiding officer of the council may appoint
  14-21  technical advisory committees composed of council members or
  14-22  persons who are not council members, or both members and
  14-23  nonmembers.
  14-25  RESPONSIBILITIES.  (a)  The council shall assume the
  14-26  responsibilities assigned to the state advisory council under the
  14-27  following federal laws:
   15-1              (1)  the Job Training Partnership Act (29 U.S.C.
   15-2  Section 1501 et seq.);
   15-3              (2)  the Carl D. Perkins Vocational and Applied
   15-4  Technology Education Act (20 U.S.C. Section 2301 et seq.);
   15-5              (3)  the National and Community Service Act of 1990 (42
   15-6  U.S.C. Section 12501 et seq.);
   15-7              (4)  the Adult Education Act (20 U.S.C. Section 1201 et
   15-8  seq.);
   15-9              (5)  the Wagner-Peyser Act (29 U.S.C. Section 49 et
  15-10  seq.);
  15-11              (6)  Part F, Subchapter IV, Social Security Act (42
  15-12  U.S.C. Section 681 et seq.);
  15-13              (7)  the employment program established under Section
  15-14  6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)); and
  15-15              (8)  the National Literacy Act of 1991 (Pub. L. 102-73
  15-16  et seq.).
  15-17        (b)  The council shall assume the responsibilities formerly
  15-18  exercised by the following state advisory councils:
  15-19              (1)  the State Job Training Coordinating Council;
  15-20              (2)  the Texas Council on Vocational Education;
  15-21              (3)  the technical advisory committee to the State
  15-22  Occupational Information Coordinating Council;
  15-23              (4)  the Texas Literacy Council; and
  15-24              (5)  the Apprenticeship and Training Advisory
  15-25  Committee.
  15-26        SECTION 2.12.  FISCAL AGENT.  The council may designate
  15-27  another state agency to serve as the council's fiscal agent if the
   16-1  designated agent agrees to the designation.
   16-2        SECTION 2.13.  EXECUTIVE DIRECTOR; COUNCIL STAFF.  (a)  The
   16-3  presiding officer of the council shall appoint an executive
   16-4  director for the council.
   16-5        (b)  The executive director shall:
   16-6              (1)  report to the presiding officer of the council;
   16-7              (2)  perform duties assigned by the council and under
   16-8  state law;
   16-9              (3)  administer the day-to-day operations of the
  16-10  council;
  16-11              (4)  appoint officers, accountants, attorneys, experts,
  16-12  and other employees for the council and assign duties for these
  16-13  employees as necessary in the performance of the council's powers
  16-14  and duties under this Act;
  16-15              (5)  delegate authority to persons appointed under this
  16-16  section as the executive director considers to be reasonable and
  16-17  proper for the effective administration of the council; and
  16-18              (6)  perform other duties assigned by this Act.
  16-19        (c)  The executive director may adopt the administrative and
  16-20  personnel procedures of the council's fiscal agent rather than
  16-21  adopting new procedures for the council.
  16-22        (d)  The council shall have an independent staff with
  16-23  sufficient expertise to perform all duties and responsibilities
  16-24  assigned to the council under this Act and under state and federal
  16-25  law.  The staff of the council may be supplemented by staff from
  16-26  other state agencies who are temporarily assigned to assist with
  16-27  special projects.
   17-1        (e)  The executive director of the State Occupational
   17-2  Information Coordinating Council shall report to the executive
   17-3  director of the council and shall provide labor market information,
   17-4  information relevant to workforce program evaluation, and technical
   17-5  assistance to the council and its staff as requested.  The
   17-6  executive director of the State Occupational Information
   17-7  Coordinating Council may enter into contracts for products and
   17-8  services with State Occupational Information Coordinating Council
   17-9  membership agencies and other organizations if consistent with the
  17-10  state strategic plan.
  17-11        SECTION 2.14.  PERSONNEL POLICIES.  (a)  The executive
  17-12  director of the council shall develop an intraagency career ladder
  17-13  program.  The program shall require the intraagency posting of all
  17-14  non-entry-level positions concurrently with any public posting.
  17-15        (b)  The executive director shall develop a system of annual
  17-16  performance evaluations based on measurable job tasks.  All merit
  17-17  pay for council employees must be based on the system established
  17-18  under this subsection.
  17-20  (a)  Each council member shall comply with the member training
  17-21  requirements established by any other state agency that is given
  17-22  authority to establish the requirements for the council.
  17-23        (b)  The executive director shall provide to the council's
  17-24  members and employees, as often as necessary, information regarding
  17-25  their qualifications for office or employment under this Act and
  17-26  their responsibilities under applicable laws relating to standards
  17-27  of conduct for state officers and employees.
   18-2  (a)  The executive director shall prepare and maintain a written
   18-3  policy statement to assure implementation of a program of equal
   18-4  employment opportunity under which all personnel transactions are
   18-5  made without regard to race, color, disability, sex, religion, age,
   18-6  or national origin.  The policy statement must include:
   18-7              (1)  personnel policies, including policies relating to
   18-8  recruitment, evaluation, selection, application, training, and
   18-9  promotion of personnel that are in compliance with the Commission
  18-10  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes);
  18-11              (2)  a comprehensive analysis of the council's
  18-12  workforce that meets federal and state guidelines;
  18-13              (3)  procedures by which a determination can be made of
  18-14  significant underuse in the council's workforce of all persons for
  18-15  whom federal or state guidelines encourage a more equitable
  18-16  balance; and
  18-17              (4)  reasonable methods to appropriately address those
  18-18  areas of underuse.
  18-19        (b)  A policy statement under Subsection (a) of this section
  18-20  must cover an annual period, be updated annually, be reviewed by
  18-21  the Commission on Human Rights for compliance with Subsection
  18-22  (a)(1) of this section, and be filed with the governor's office.
  18-23        (c)  The governor's office shall deliver a biennial report to
  18-24  the legislature based on the information received under Subsection
  18-25  (b) of this section.  The report may be made separately or as part
  18-26  of other biennial reports to the legislature.
   19-1  STATE AGENCIES.  (a)  The council shall develop recommendations
   19-2  periodically in each of the council's areas of responsibility and
   19-3  shall submit the recommendations to the governor.
   19-4        (b)  The governor shall consider the recommendations
   19-5  submitted under this section.  The governor shall approve,
   19-6  disapprove, or modify the recommendations and return the
   19-7  recommendations to the council to be forwarded as appropriate or
   19-8  forward an approved or modified recommendation without returning
   19-9  the recommendation to the council.  An approved or modified
  19-10  recommendation shall be forwarded to the appropriate agency for
  19-11  implementation.   A recommendation that is approved or modified
  19-12  that requires a change in state or federal law shall be forwarded
  19-13  to the appropriate legislative body for consideration.
  19-14        (c)  A recommendation that is not approved, disapproved, or
  19-15  modified by the governor before the 60th day after the date the
  19-16  recommendation is submitted shall be considered to be approved by
  19-17  the governor.
  19-18        (d)  State agencies that are responsible for the
  19-19  administration of human resources and workforce development
  19-20  programs in this state shall implement the recommendations if the
  19-21  recommendations do not violate an existing federal or state law,
  19-22  regulation, or rule.
  19-23        (e)  A state agency shall:
  19-24              (1)  provide requested information to the council in a
  19-25  timely manner;
  19-26              (2)  report on the implementation of the council's
  19-27  recommendations at the time and in the format requested by the
   20-1  council; and
   20-2              (3)  notify the governor, the executive director, and
   20-3  the presiding officer of the council if the agency determines that
   20-4  a recommendation cannot be implemented.
   20-5        (f)  A recommendation approved by the governor with regard to
   20-6  the state or federal Job Training Partnership Act (29 U.S.C.
   20-7  Section 1501 et seq.) shall be implemented by the agency
   20-8  responsible for the administration of that Act as required by
   20-9  federal law.
  20-10        SECTION 2.18.  FUNDING.  (a)  Federal funding for the
  20-11  operation of the council shall be allocated according to federal
  20-12  requirements.
  20-13        (b)  The council shall develop a budget to carry out the
  20-14  council's duties and responsibilities under this Act.  The budget
  20-15  must be submitted to the governor and the Legislative Budget Board
  20-16  for approval.  The budget shall identify funds appropriated for the
  20-17  biennium ending August 31, 1995, for planning and evaluation of a
  20-18  workforce development program administered by an agency represented
  20-19  on the council and shall recommend the transfer of those funds to
  20-20  the functions being assumed by the council.
  20-21        (c)  A state agency represented on the council shall provide
  20-22  funds for the support of the council in proportion to the agency's
  20-23  financial participation in the workforce development system.
  20-26  (a)  The governor shall, after receiving the recommendations of the
  20-27  Council on Workforce and Economic Competitiveness, publish a
   21-1  proposed designation of local workforce development areas for the
   21-2  planning and delivery of workforce development programs, each of
   21-3  which:
   21-4              (1)  is composed of more than one contiguous unit of
   21-5  general local government, that includes at least one county;
   21-6              (2)  is consistent with either a local labor market
   21-7  area, a metropolitan statistical area, one of the 24 substate
   21-8  planning areas, or one of the 10 uniform state service regions; and
   21-9              (3)  is of sufficient size to have the administrative
  21-10  resources necessary to provide for the effective planning,
  21-11  management, and delivery of workforce development services.
  21-12        (b)  Units of general local government, business and labor
  21-13  organizations, and other affected persons and organizations shall
  21-14  have an opportunity to comment on the proposed designation of a
  21-15  workforce development area and to request revisions of the
  21-16  designation.
  21-17        (c)  The governor, after considering all comments and
  21-18  requests for changes, shall make the final designation of workforce
  21-19  development areas.  The governor may redesignate workforce
  21-20  development areas not more than once every two years.  A
  21-21  redesignation must be made not later than four months before the
  21-22  beginning of a program year.
  21-25  BOARDS.  (a)  The chief elected officials in a workforce
  21-26  development area designated by the governor under Section 3.01 of
  21-27  this Act may form, in accordance with rules established by the
   22-1  council, a local workforce development board to plan and oversee
   22-2  the delivery of all workforce training and services programs and
   22-3  evaluate all workforce development programs in the workforce
   22-4  development  area.
   22-5        (b)  On agreement regarding the formation of a local
   22-6  workforce development board, the chief elected officials shall
   22-7  reduce the agreement to writing.  The local government agreement
   22-8  shall include:
   22-9              (1)  the purpose for the agreement;
  22-10              (2)  the process that will be used to select the chief
  22-11  elected official who will act on behalf of the other chief elected
  22-12  officials;
  22-13              (3)  the initial size of the local workforce
  22-14  development board;
  22-15              (4)  the process to be used to appoint the board
  22-16  members, which must be consistent with applicable federal and state
  22-17  laws; and
  22-18              (5)  the terms of office of the members of the board.
  22-19        (c)  The chief elected officials shall consider the views of
  22-20  all affected local organizations, including private industry
  22-21  councils and quality workforce planning committees, before making a
  22-22  final decision regarding the formation of a local workforce
  22-23  development board.
  22-24        (d)  None of the powers and duties granted a workforce
  22-25  development board under this Act may be exercised in a workforce
  22-26  development area until the chief elected officials in that area
  22-27  reach an agreement providing for the establishment of a local
   23-1  workforce development board and the board is certified by the
   23-2  governor.
   23-3        (e)  A private industry council in an area in which a local
   23-4  workforce development board is not created or in which the chief
   23-5  elective officers are unable to negotiate the establishment of a
   23-6  local workforce development board may not exercise any of the
   23-7  powers granted a local workforce development board by this Act,
   23-8  except for a power granted under the Job Training Partnership Act
   23-9  (29 U.S.C. Section 1501 et seq.).
  23-10        SECTION 4.02.  LOCAL BOARD MEMBERSHIP.  (a)  A local
  23-11  workforce development board is appointed by the chief elected
  23-12  officials consistent with the local government agreement and
  23-13  applicable federal and state laws.  Board members serve fixed and
  23-14  staggered terms as provided by the agreement or applicable federal
  23-15  or state laws and may continue to serve until successors are
  23-16  appointed.  Board membership shall reflect the ethnic and
  23-17  geographic diversity of the workforce development area.  A board is
  23-18  composed as follows:
  23-19              (1)  representatives of the private sector, who shall
  23-20  constitute a majority of the membership of the board and who are
  23-21  owners of business concerns, chief executives or chief operating
  23-22  officers of nongovernmental employers, or other private sector
  23-23  executives who have substantial management or policy
  23-24  responsibilities;
  23-25              (2)  representatives of organized labor and
  23-26  community-based organizations, who shall constitute not less than
  23-27  15 percent of the membership of the board; and
   24-1              (3)  representatives of each of the following:
   24-2                    (A)  educational agencies, including secondary
   24-3  and postsecondary practitioners representing vocational education,
   24-4  that are representative of all educational agencies in the service
   24-5  delivery area;
   24-6                    (B)  vocational rehabilitation agencies;
   24-7                    (C)  public assistance agencies;
   24-8                    (D)  economic development agencies;
   24-9                    (E)  the public employment service;
  24-10                    (F)  local literacy councils; and
  24-11                    (G)  adult basic and continuing education
  24-12  organizations.
  24-13        (b)  The chairman of the board shall be selected from among
  24-14  the members of the board who represent the private sector.
  24-15        (c)  Private sector representatives on the board shall be
  24-16  selected from among individuals nominated by general-purpose
  24-17  business organizations after consulting with and receiving
  24-18  recommendations from other business organizations in the workforce
  24-19  development area.  The number of the  nominations shall be at least
  24-20  150 percent of the number of individuals to be appointed under
  24-21  Subsection (a)(1) of this section.  The nominations and the
  24-22  individuals selected from the nominations must reasonably represent
  24-23  the industrial and demographic composition of the business
  24-24  community.  If  possible, at least one-half of the business and
  24-25  industry representatives shall be representatives of small
  24-26  business, including minority business.
  24-27        (d)  In this section:
   25-1              (1)  "general purpose business organization" means an
   25-2  organization that admits to membership any for-profit business
   25-3  operating within the workforce development area; and
   25-4              (2)  "small business" means a private for-profit
   25-5  enterprise employing not more than 500 employees.
   25-6        (e)  The education representatives on the board shall be
   25-7  selected from among individuals nominated by regional or local
   25-8  educational agencies, vocational education institutions,
   25-9  institutions of higher education, including entities offering adult
  25-10  education, and general organizations of the institutions  within
  25-11  the workforce development area.
  25-12        (f)  The labor representatives on the board shall be selected
  25-13  from individuals recommended by recognized state and local labor
  25-14  federations.  If  a state or local labor federation fails to
  25-15  nominate a sufficient number of individuals to meet the labor
  25-16  representation requirements of Subsection (a)(2) of this section,
  25-17  individual workers may be included on the council to complete the
  25-18  labor representation.
  25-19        (g)  The remaining members of the board shall be selected
  25-20  from individuals recommended by interested organizations.
  25-21        (h)  The board may create committees as needed to carry out
  25-22  its duties and responsibilities.  The board may create technical
  25-23  advisory groups composed of both council and noncouncil members to
  25-24  provide assistance as needed.
  25-25        (i)  Members of the board shall avoid the appearance of
  25-26  conflict of interest by recusing themselves on votes of the board
  25-27  directly affecting the funding of their organization or any
   26-1  organization that they represent.
   26-2        SECTION 4.03.  CERTIFICATION OF BOARD.  The governor shall
   26-3  certify a local workforce development board if the governor
   26-4  determines that the board's composition and appointments are
   26-5  consistent with applicable federal and state laws and requirements
   26-6  and meet established state criteria.  Certification shall be made
   26-7  or denied not later than the 30th day after the date a
   26-8  certification request is submitted to the governor.  None of the
   26-9  powers and duties granted a board under this Act shall be exercised
  26-10  in  a workforce development area until the board is certified by
  26-11  the governor.
  26-12        SECTION 4.04.  FUNCTIONS OF BOARD.  (a)  A board is directly
  26-13  responsible and accountable to the council for the planning and
  26-14  oversight of all workforce training and services in the workforce
  26-15  development area. A workforce development board shall ensure
  26-16  effective outcomes consistent with statewide goals, objectives, and
  26-17  performance standards approved by the governor.  The council shall
  26-18  assist workforce development boards in designing effective measures
  26-19  to accomplish this responsibility.
  26-20        (b)  A board is directly responsible to the agency designated
  26-21  by the governor to administer the Job Training Partnership Act in
  26-22  this state for the administration of local programs under the Job
  26-23  Training Partnership Act (29 U.S.C. Section 1501 et seq.).
  26-24        (c)  A board shall:
  26-25              (1)  serve as a single point of contact for local
  26-26  business to communicate their skill needs and influence the
  26-27  direction of all workforce development programs in the workforce
   27-1  development area;
   27-2              (2)  develop a local plan for addressing the workforce
   27-3  development needs of the workforce development area that:
   27-4                    (A)  is responsive to the goals, objectives, and
   27-5  performance standards established by the governor;
   27-6                    (B)  targets services to meet local needs,
   27-7  including the identification of industries and employers likely to
   27-8  employ workers who complete job training programs; and
   27-9                    (C)  ensures that the workforce development
  27-10  system, including the educational system, has the flexibility to
  27-11  meet the needs of local businesses;
  27-12              (3)  designate the board or some other entity as the
  27-13  board's fiscal agent to be responsible and accountable for the
  27-14  management of all workforce development funds available to the
  27-15  board;
  27-16              (4)  create local workforce development centers as
  27-17  established in Article 5 of this Act;
  27-18              (5)  review plans for workforce education to ensure
  27-19  that the plans address the needs of local businesses and recommend
  27-20  changes in the delivery of education services as appropriate;
  27-21              (6)  assume the functions and responsibilities of local
  27-22  workforce development advisory boards, councils, and committees
  27-23  authorized by federal or state laws, including private industry
  27-24  councils, quality workforce planning committees, job service
  27-25  employer committees, and local general vocational program advisory
  27-26  committees;
  27-27              (7)  monitor and evaluate the effectiveness of the
   28-1  workforce development centers, state agencies and other contractors
   28-2  providing workforce training and services, and vocational and
   28-3  technical education programs operated by local education agencies
   28-4  and institutions of higher education to ensure that performance is
   28-5  consistent with state and local goals and objectives;
   28-6              (8)  promote cooperation and coordination among public
   28-7  organizations, community organizations, and private business
   28-8  providing workforce development services; and
   28-9              (9)  review applications as consistent with rules
  28-10  developed by the Texas Department of Commerce for funds under the
  28-11  smart jobs fund program under Subchapter J, Chapter 481, Government
  28-12  Code.
  28-13        (d)  The board may provide relevant labor market information
  28-14  and information regarding the availability of existing workforce
  28-15  development programs to the department in performing the board's
  28-16  duties under Subsection (c)(9) of this section.
  28-17        (e)  A provider must respond to a change recommended by a
  28-18  board under Subsection (c)(5) of this section not later than the
  28-19  30th day after the date on which the provider receives the
  28-20  recommendation.
  28-21        SECTION 4.05.  LOCAL PLAN.  (a)  A local workforce
  28-22  development board shall develop a single plan for the delivery of
  28-23  all workforce training and services in the board's service area
  28-24  under the following programs:
  28-25              (1)  the Texas Job-Training Partnership Act (Article
  28-26  4413(52), Vernon's Texas Civil Statutes);
  28-27              (2)  postsecondary vocational and technical job
   29-1  training programs that are not part of approved courses or programs
   29-2  that lead to licensing, certification, or an associate degree under
   29-3  Chapters 61, 108, 130, and 135, and Subchapter E, Chapter 88,
   29-4  Education Code;
   29-5              (3)  adult education programs under Section 11.18,
   29-6  Education Code;
   29-7              (4)  apprenticeship programs under Chapter 33,
   29-8  Education Code;
   29-9              (5)  the trade adjustment assistance program under Part
  29-10  2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
  29-11  seq.);
  29-12              (6)  the senior citizens employment program under
  29-13  Chapter 101, Human Resources Code;
  29-14              (7)  the Texas Unemployment Compensation Act (Article
  29-15  5221b-1 et seq., Vernon's Texas Civil Statutes);
  29-16              (8)  literacy funds available to the state under the
  29-17  National Literacy Act of 1991 (Pub. L. 102-73 et seq.);
  29-18              (9)  the National and Community Service Act of 1990 (42
  29-19  U.S.C. Section 12501 et seq.);
  29-20              (10)  the job opportunities and basic skills program
  29-21  under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
  29-22  682); and
  29-23              (11)  the food stamp employment and training program
  29-24  authorized under 7 U.S.C. Section 2015(d).
  29-25        (b)  A local plan shall identify:
  29-26              (1)  goals, objectives, and performance measures;
  29-27              (2)  the population to be served;
   30-1              (3)  the mix of services to be provided;
   30-2              (4)  the service providers; and
   30-3              (5)  the structure of the delivery system.
   30-5  board in conjunction with the council shall establish and operate
   30-6  an automated, interactive employer-driven labor market information
   30-7  system to identify occupation-specific labor demand in each
   30-8  workforce development area.
   30-9        (b)  A board shall periodically provide a report summarizing
  30-10  occupation-specific labor demand to each public postsecondary
  30-11  institution providing vocational and technical education and each
  30-12  entity under contract to the board to provide workforce training
  30-13  and services in a workforce development area.
  30-14        (c)  If a need is identified in the availability of workforce
  30-15  education as indicated by the labor market information system
  30-16  provided by the board, by a direct request of employers located in
  30-17  the workforce area, or as the result of an economic development
  30-18  incentive package designed to attract or retain an employer, the
  30-19  institution shall apply within 30 days to the Texas Higher
  30-20  Education Coordinating Board for approval to offer the needed
  30-21  workforce education.  The coordinating board shall give immediate
  30-22  priority to the institution's application and shall notify the
  30-23  institution of the board's approval or disapproval not later than
  30-24  the 100th day after the date the application is received.
  30-25        (d)  If more than one institution in a workforce development
  30-26  area applies under Subsection (c) of this section to provide the
  30-27  needed workforce education, the Texas Higher Education Coordinating
   31-1  Board shall select one or more institutions to offer the needed
   31-2  education as provided by Section 61.051, Education Code.
   31-3        (e)  A local workforce development board may solicit other
   31-4  qualified providers to apply to the coordinating board to provide
   31-5  needed education to be funded through state-appropriated formula
   31-6  funds if an institution approved by the Texas Higher Education
   31-7  Coordinating Board does not offer the approved workforce education
   31-8  in a timely manner.
   31-9        (f)  A public community college shall promptly provide
  31-10  workforce training and services that are requested:
  31-11              (1)  by the workforce development board based on the
  31-12  board's labor demand information system for the area;
  31-13              (2)  by employers located in the college's taxing
  31-14  district when the request is presented directly to the college by
  31-15  the employers or through the workforce development board; or
  31-16              (3)  as part of an economic development incentive
  31-17  package designed to attract or retain an employer, including a
  31-18  package offered under the smart jobs fund program under Subchapter
  31-19  J, Chapter 481, Government Code.
  31-20        (g)  An institution of higher education that has local taxing
  31-21  authority and is governed by a locally elected board of trustees is
  31-22  the primary provider of local workforce training and services that
  31-23  are needed by an employer within the taxing district and funded
  31-24  fully or in part by local funds, except in Cameron, McLennan, and
  31-25  Potter counties, or by technical vocational funds administered by
  31-26  the Texas Higher Education Coordinating Board.  A local workforce
  31-27  development board shall select another qualified local or statewide
   32-1  provider if the local institution does not promptly provide locally
   32-2  needed workforce training and services.
   32-3        (h)  This section does not prohibit an institution of higher
   32-4  education from offering workforce education or workforce training
   32-5  and services that:
   32-6              (1)  are needed by an employer located in the college's
   32-7  taxing district and that meet all applicable standards; or
   32-8              (2)  have been approved under applicable law and that
   32-9  are reviewed by the Texas Higher Education Coordinating Board.
  32-10        (i)  This Act may not be interpreted to restrict a person's
  32-11  authority to contract for the provision of workforce education or
  32-12  workforce training and services that are provided without state or
  32-13  federal funds.
  32-15  (a)  A local education agency and public or private postsecondary
  32-16  educational institution shall provide the local workforce
  32-17  development board a list of all vocational-technical programs and
  32-18  classes the agency or institution offers that are funded by state
  32-19  or federal funds.
  32-20        (b)  A local workforce development board, with the assistance
  32-21  of the demand occupation list developed by the board, shall
  32-22  evaluate the supply of vocational-technical programs in relation to
  32-23  the demand for the programs and report any discrepancies between
  32-24  supply and demand to the appropriate educational institution, the
  32-25  Central Education Agency, the Texas Higher Education Coordinating
  32-26  Board, the Council on Workforce and Economic Competitiveness, and
  32-27  the Legislative Budget Board.
   33-1        SECTION 4.08.  BUDGET AND STAFFING.  (a)  A board shall
   33-2  establish a budget for the board that must be included in the local
   33-3  workforce development plan submitted to the Council on Workforce
   33-4  and Economic Competitiveness.  A board may employ professional,
   33-5  technical, and support staff as necessary to carry out its
   33-6  strategic planning, oversight, and evaluation functions.  A board's
   33-7  staff shall be separate from and independent of any organization
   33-8  providing workforce education or workforce training and services in
   33-9  the workforce development area.
  33-10        (b)  The requirement for separate staffing does not preclude
  33-11  a local workforce development board from designating a qualified
  33-12  organization to provide staff services to the board provided that
  33-13  the board arranges for independent evaluation of any other
  33-14  workforce services provided by the staffing organization and
  33-15  requests and obtains a waiver of the separate staffing requirement
  33-16  from the council.  The request for the waiver must contain a
  33-17  detailed justification based on such factors as cost-effectiveness,
  33-18  prior experience, geographic or budgetary considerations, and
  33-19  availability of qualified applicants.
  33-20        SECTION 4.09.  APPROVAL OF FISCAL AGENT.  The agency
  33-21  designated by the governor to administer the Job Training
  33-22  Partnership Act (29 U.S.C. Section 1501 et seq.) in this state must
  33-23  approve the fiscal agent selected by a local workforce development
  33-24  board before the disbursement of any federal or state workforce
  33-25  development funds to the board.  The agency's approval shall be
  33-26  based on an audit of the financial capability of the fiscal agent
  33-27  to assure that fiscal controls and fund accounting procedures
   34-1  necessary to guarantee the proper disbursal of and accounting for
   34-2  federal and state funds are in place.
   34-4  local workforce development board may not be a direct provider of
   34-5  workforce training and services.  A board may request a waiver of
   34-6  this requirement from the council.  The request for a waiver must
   34-7  include a detailed justification based on the lack of an existing
   34-8  qualified alternative for delivery of workforce training and
   34-9  services in the workforce development area.
  34-10        (b)  If a board receives a waiver to provide workforce
  34-11  training and services, the evaluation of results and outcomes is
  34-12  provided by the council.
  34-13        SECTION 4.11.  INCENTIVES AND WAIVERS.  (a)  A local
  34-14  workforce development board certified by the governor is eligible
  34-15  for incentives and program waivers to promote and support
  34-16  integrated planning and evaluation of workforce development
  34-17  programs.
  34-18        (b)  Incentives, to the extent feasible under existing
  34-19  federal and state workforce development laws, include priority for
  34-20  discretionary funding, including financial incentives for the
  34-21  consolidation of service delivery areas authorized under the
  34-22  federal Job Training Partnership Act (29 U.S.C. Section 1501 et
  34-23  seq.).
  34-24        (c)  The governor, in concert with the council and the local
  34-25  workforce development boards, shall:
  34-26              (1)  identify specific barriers to integrated service
  34-27  delivery at the local level;
   35-1              (2)  request waivers from existing federal and state
   35-2  regulations; and
   35-3              (3)  advocate changes in federal and state laws to
   35-4  promote local service integration.
   35-5        SECTION 4.12.  SANCTIONS FOR NONPERFORMANCE.  (a)  The
   35-6  council shall provide technical assistance to local workforce
   35-7  development areas that fail to meet performance standards
   35-8  established under this Act and other applicable federal and state
   35-9  laws.  If a local workforce development area fails to meet
  35-10  performance standards for two consecutive program years, the
  35-11  council shall develop and impose a reorganization plan that may
  35-12  include restructuring the local workforce development board,
  35-13  prohibiting the use of designated service providers, including
  35-14  state agencies, and merging the local workforce development area
  35-15  with another area.  If nonperformance is directly attributable to a
  35-16  specific state agency, the council may select an alternative
  35-17  provider.
  35-18        (b)  A local workforce development area that is the subject
  35-19  of a reorganization plan may appeal to the governor to rescind or
  35-20  revise the plan not later than the 30th day after the date of
  35-21  receiving notice of the plan.
  35-23  If, as a result of financial and compliance audits or for another
  35-24  reason, the  agency designated by the governor to administer the
  35-25  Job Training Partnership Act (29 U.S.C. Section 1501 et seq.) in
  35-26  this state determines that there is a substantial violation of a
  35-27  specific provision of this Act or another federal or state law or
   36-1  regulation and corrective action has not been taken, the council
   36-2  shall:
   36-3              (1)  issue a notice of intent to revoke all or part of
   36-4  the affected local plan;
   36-5              (2)  issue a notice of intent to immediately cease
   36-6  reimbursement of local program costs; or
   36-7              (3)  impose a reorganization plan under Section 4.12 of
   36-8  this Act for the local workforce development area.
  36-10  (a)  A local workforce development board may apply for and receive
  36-11  a charter as a private, nonprofit corporation under the laws of
  36-12  this state and may choose to be recognized as a Section 501(c)(3)
  36-13  organization under the Internal Revenue Code of 1986 (26 U.S.C.
  36-14  Section 501(c)(3)).
  36-15        (b)  In addition to receiving funds specified in this Act, a
  36-16  local workforce development board may solicit additional funds from
  36-17  other sources, both public and private.  A board may not solicit or
  36-18  accept money from an entity with whom the board contracts for the
  36-19  delivery of services.
  36-20                   ARTICLE 5.  LOCAL DELIVERY SYSTEM
  36-22  workforce development board shall establish workforce development
  36-23  centers accessible to students, workers, and employers throughout
  36-24  the workforce development area.  Each center shall provide access
  36-25  to information and services available in the workforce development
  36-26  area and shall address the individual needs of students, workers,
  36-27  and employers.  The services available at a center shall be
   37-1  tailored to meet individual needs and shall include the following:
   37-2              (1)  labor market information, including the skills of
   37-3  the area workforce, available job openings, and the education,
   37-4  training, and employment opportunities in the local area, in the
   37-5  state, and as feasible, in the nation;
   37-6              (2)  common intake and eligibility determination for
   37-7  all workforce development programs and services;
   37-8              (3)  independent assessment of individual needs and the
   37-9  development of an individual service strategy;
  37-10              (4)  centralized and continuous case management and
  37-11  counseling;
  37-12              (5)  individual referral for services including basic
  37-13  education, classroom skills training, on-the-job training, and
  37-14  customized training; and
  37-15              (6)  supportive services, including child care, loans,
  37-16  and other forms of financial assistance required to participate in
  37-17  and complete training.
  37-18        SECTION 5.02.  RIGHT TO KNOW.  A local workforce development
  37-19  center shall provide each person, before the person participates in
  37-20  a vocational or technical training program, a written document that
  37-21  informs the person of current employment prospects and the current
  37-22  wage level for a person who completes the vocational or technical
  37-23  training program in which the person is considering participating.
  37-25        SECTION 6.01.  FUND AVAILABILITY AND SERVICES.  A state
  37-26  agency represented on the council shall provide to the council and
  37-27  each local workforce development board an estimate of fund
   38-1  availability and services provided by the state agency in each
   38-2  local workforce development area.
   38-4  (a)  A state agency represented on the council shall provide
   38-5  workforce training and services in accordance with the local
   38-6  workforce development plan developed by the board and approved by
   38-7  the governor and shall implement rules and policies consistent with
   38-8  the plan.
   38-9        (b)  This article may not be construed to require an affected
  38-10  state agency to violate state or federal law.
  38-11                   ARTICLE 7.  CONFORMING AMENDMENTS
  38-12        SECTION 7.01.  CONFORMING AMENDMENT.  Subsections (f) and
  38-13  (j), Section 61.051, Education Code, are amended to read as
  38-14  follows:
  38-15        (f)  The board shall encourage and develop new certificate
  38-16  programs in technical and vocational education in Texas public
  38-17  technical institutes and public community colleges as the needs of
  38-18  technology and industry may demand and shall recommend the
  38-19  elimination of such programs for which a need no longer exists.
  38-20  The board shall conduct a review of the certificate programs at
  38-21  least every four years or on the request of the Council on
  38-22  Workforce and Economic Competitiveness and shall terminate a
  38-23  program that does not meet performance review standards and other
  38-24  criteria established by the board.  The board shall assume the
  38-25  leadership role and administrative responsibilities for state level
  38-26  administration of postsecondary technical-vocational education
  38-27  programs in Texas public community colleges, public technical
   39-1  institutes, and other eligible public postsecondary institutions.
   39-2  The board shall ensure that standardized minimum technical and
   39-3  skill-specific competency and performance standards for each
   39-4  workforce education program, as developed by the Council on
   39-5  Workforce and Economic Competitiveness, are used in the board's
   39-6  review, approval, or disapproval of a vocational and technical
   39-7  program financed by state and federal funds.
   39-8        (j)  No off-campus courses for credit may be offered by any
   39-9  public technical institute, public community college, or public
  39-10  college or university without specific prior approval of the board.
  39-11  The board may not prohibit a public junior college district from
  39-12  offering a course for credit outside the boundaries of the junior
  39-13  college district when such course has met the requirements for
  39-14  approval as adopted by the board.  The board shall establish
  39-15  regulations for the coordination of credit <and noncredit>
  39-16  activities of adult and continuing education by public technical
  39-17  institutes, public community colleges, or public colleges and
  39-18  universities.
  39-19        SECTION 7.02.  CONFORMING AMENDMENT.  Section 61.077,
  39-20  Education Code, is amended to read as follows:
  39-21        Sec. 61.077.  JOINT ADVISORY COMMITTEE.  (a)  There is hereby
  39-22  created a joint advisory committee for the purpose of advising the
  39-23  Texas Higher Education Coordinating Board<, Texas College and
  39-24  University System,> and the State Board of Education in
  39-25  coordinating postsecondary vocational-technical activities, <and>
  39-26  vocational-technical teacher education programs offered or proposed
  39-27  to be offered in the colleges and universities of this state, and
   40-1  other relevant matters, including those listed in Section 61.076 of
   40-2  this code.  The committee shall be composed of three members from
   40-3  the State Board of Education, appointed by the chairman of the
   40-4  board and three members from the Texas Higher Education
   40-5  Coordinating Board, <Texas College and University System,>
   40-6  appointed by the chairman of the board, <and> one member designated
   40-7  by the presiding officer of the Council on Workforce and Economic
   40-8  Competitiveness, and one member representing business designated by
   40-9  the chair of the Texas Partnership for Economic Development <of the
  40-10  Texas Council on Vocational Education, appointed by the chairman of
  40-11  the council>.  A member of the <coordinating> board shall be
  40-12  designated as chairman of the joint advisory committee by the
  40-13  chairman of the <coordinating> board.  The committee shall hold
  40-14  regular annual meetings as called by the chairman.
  40-15        (b)  The purposes of this committee shall include the
  40-16  following:
  40-17              (1)  to advise the two boards on the coordination of
  40-18  postsecondary vocational-technical education and the articulation
  40-19  between postsecondary vocational-technical education and secondary
  40-20  vocational-technical education;
  40-21              (2)  to facilitate the transfer of responsibilities for
  40-22  the administration of postsecondary vocational-technical education
  40-23  from the State Board of Education to the board <Coordinating Board,
  40-24  Texas College and University System,> in accordance with Section
  40-25  111(a)(I) of the Carl D. Perkins Vocational Education Act, Public
  40-26  Law 98-524; <and>
  40-27              (3)  to advise the State Board of Education, when it
   41-1  acts as the State Board of Vocational Education, on the following:
   41-2                    (A)  <the allocation between secondary and
   41-3  postsecondary education of funds received by the State of Texas
   41-4  from the United States government under the Vocational Education
   41-5  Act of 1963, as amended, and other federal statutes relating to
   41-6  postsecondary vocational-technical education;>
   41-7                    <(B)>  the transfer of federal funds to the
   41-8  <coordinating> board for allotment to eligible public postsecondary
   41-9  institutions of higher education;
  41-10                    (B) <(C)>  the vocational-technical education
  41-11  funding for projects and institutions as determined by the
  41-12  <coordinating> board when the State Board of Vocational Education
  41-13  is required by federal law to endorse such determinations;
  41-14                    (C) <(D)>  the development and updating of the
  41-15  state plan for vocational-technical education and the evaluation of
  41-16  programs, services, and activities of postsecondary
  41-17  vocational-technical education and such amendments to the state
  41-18  plan for vocational-technical education as may relate to
  41-19  postsecondary education; <and>
  41-20                    (D) <(E)>  other matters related to postsecondary
  41-21  vocational-technical education; and
  41-22                    (E)  the coordination of curricula, instructional
  41-23  programs, research, and other functions as appropriate, including
  41-24  areas listed in Section 61.076 of this code, school-to-work and
  41-25  school-to-college transition programs, and professional development
  41-26  activities; and
  41-27              (4)  to advise the Council on Workforce and Economic
   42-1  Competitiveness on educational policy issues related to workforce
   42-2  preparation.
   42-3        SECTION 7.03.  CONFORMING AMENDMENT.  The Texas Job-Training
   42-4  Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)
   42-5  is amended by adding Section 7A to read as follows:
   42-7  DEVELOPMENT BOARD.  For the purposes of this Act, private industry
   42-8  council refers to both:
   42-9              (1)  the entity described as a private industry council
  42-10  by the federal Act; and
  42-11              (2)  a local workforce development board in a local
  42-12  market area in which a local workforce development board created
  42-13  under Article 4, Workforce and Economic Competitiveness Act, has
  42-14  been established.
  42-15                   ARTICLE 8.  TRANSITION PROVISIONS
  42-16        SECTION 8.01.  EFFECTIVE DATE; TRANSITION.  (a)  This Act
  42-17  takes effect September 1, 1993.
  42-18        (b)  The Council on Workforce and Economic Competitiveness
  42-19  shall be appointed and operational not later than September 1,
  42-20  1993.
  42-21        (c)  The state advisory councils listed in Section 2.11 of
  42-22  this Act are  abolished September 1, 1993.
  42-23        (d)  The materials, furniture, and other assets and property
  42-24  and the unexpended and unobligated appropriations and other funds
  42-25  of the councils and committees abolished under this Act shall be
  42-26  transferred to the Council on Workforce and Economic
  42-27  Competitiveness not later than September 1, 1993.
   43-1        SECTION 8.02.  REPEALER.  The following laws are repealed:
   43-2              (1)  Section 481.025, Government Code;
   43-3              (2)  Subchapter B, Chapter 31, Education Code; and
   43-4              (3)  Section 33.05, Education Code.
   43-6  chief elected officials of a workforce development area may apply
   43-7  for certification of a local workforce development board on or
   43-8  after January 1, 1995.  The chief elected officials may request a
   43-9  waiver to allow the officials to establish a local workforce
  43-10  development board before that date from the Council on Workforce
  43-11  and Economic Competitiveness.
  43-12        (b)  To provide continuity, the chief elected officials shall
  43-13  consider appointing persons to the local workforce development
  43-14  boards who are serving or who have served previously on a private
  43-15  industry council, a quality workforce planning committee, a job
  43-16  service employer committee, and any other entity affected by this
  43-17  Act.
  43-18        (c)  A local workforce development board established under
  43-19  this Act and certified by the governor shall establish local
  43-20  workforce development centers not later than the 180th day after
  43-21  the board is certified.
  43-22        SECTION 8.04.  Emergency.  The importance of this legislation
  43-23  and the crowded condition of the calendars in both houses create an
  43-24  emergency and an imperative public necessity that the
  43-25  constitutional rule requiring bills to be read on three several
  43-26  days in each house be suspended, and this rule is hereby suspended,
  43-27  and that this Act take effect and be in force according to its
   44-1  terms, and it is so enacted.