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.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.
3-13 ARTICLE 2. COUNCIL ON WORKFORCE AND ECONOMIC COMPETITIVENESS
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.
12-2 SECTION 2.08. TRAINING FOR LOCAL WORKFORCE DEVELOPMENT BOARD
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.
14-16 SECTION 2.10. SUBCOMMITTEES; TECHNICAL ADVISORY COMMITTEES.
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.
14-24 SECTION 2.11. TRANSFER OF STATE ADVISORY COUNCIL
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.
17-19 SECTION 2.15. TRAINING; STANDARDS OF CONDUCT INFORMATION.
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.
18-1 SECTION 2.16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
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.
18-27 SECTION 2.17. COUNCIL RECOMMENDATIONS; COOPERATION WITH
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.
20-24 ARTICLE 3. DESIGNATION OF WORKFORCE DEVELOPMENT AREAS
20-25 SECTION 3.01. DESIGNATION OF WORKFORCE DEVELOPMENT AREAS.
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.
21-23 ARTICLE 4. LOCAL WORKFORCE DEVELOPMENT BOARDS
21-24 SECTION 4.01. CREATION OF LOCAL WORKFORCE DEVELOPMENT
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.
30-4 SECTION 4.06. EMPLOYER-DRIVEN NEEDS ASSESSMENT. (a) A
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.
32-14 SECTION 4.07. LIST OF PUBLICLY FUNDED PROGRAMS AND CLASSES.
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.
34-3 SECTION 4.10. CONTRACTING FOR SERVICE DELIVERY. (a) A
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.
35-22 SECTION 4.13. SANCTIONS FOR LACK OF FISCAL ACCOUNTABILITY.
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.
36-9 SECTION 4.14. NONPROFIT STATUS; ABILITY TO SOLICIT FUNDS.
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
36-21 SECTION 5.01. WORKFORCE DEVELOPMENT CENTERS. A local
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.
37-24 ARTICLE 6. STATE AGENCY RESPONSIBILITIES
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.
38-3 SECTION 6.02. PROVISION OF SERVICES BY STATE AGENCIES.
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:
42-6 Sec. 7A. PRIVATE INDUSTRY COUNCIL; LOCAL WORKFORCE
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.
43-5 SECTION 8.03. MISCELLANEOUS TRANSITION PROVISIONS. (a) The
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.