73R10795 JMM-F
          By Ellis, et al.                                       S.B. No. 642
          Substitute the following for S.B. No. 642:
          By Oliveira                                        C.S.S.B. No. 642
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to workforce development, investment in human resources,
    1-3  the organization, administration, and operation of state agencies
    1-4  providing these services, and the creation of the Council on
    1-5  Workforce and Economic Competitiveness.
    1-7        SECTION 1.  PURPOSE.  The purpose of this Act is to improve
    1-8  the efficiency and effectiveness of state and federal programs for
    1-9  literacy, adult education, vocational education, job training, and
   1-10  employment services through the creation of the Council on
   1-11  Workforce and Economic Competitiveness to advise the governor and
   1-12  the legislature with regard to strategic planning, policy
   1-13  development, and the evaluation of programs in this state to
   1-14  prepare a quality workforce as the key element of the state's
   1-15  economic development strategy.
   1-16        SECTION 2.  SHORT TITLE.  This Act may be cited as the
   1-17  Workforce and Economic Competitiveness Act.
   1-18        SECTION 3.  DEFINITIONS.  In this Act:
   1-19              (1)  "Council" means the Council on Workforce and
   1-20  Economic Competitiveness.
   1-21              (2)  "Executive director" means the executive director
   1-22  of the Council on Workforce and Economic Competitiveness.
   1-23              (3)  "Human resource investment council" means a human
   1-24  resource investment council under the Job Training Reform Amendment
    2-1  (Pub. L. No. 102-367, Section 701 et seq., 106 Stat. 1099-1113
    2-2  (1992)) and its subsequent amendments.
    2-3        SECTION 4.  CREATION OF COUNCIL.  The Council on Workforce
    2-4  and Economic Competitiveness is created as a state agency to act as
    2-5  a human resources investment council.
    2-6        SECTION 5.  MEMBERSHIP OF COUNCIL.  (a)  The council shall
    2-7  consist of 30 public members appointed by the governor and 12 ex
    2-8  officio members as provided by Subsection (b) of this section.
    2-9        (b)  The membership of the council includes:
   2-10              (1)  the following ex officio voting members:
   2-11                    (A)  the commissioner of education;
   2-12                    (B)  the commissioner of higher education;
   2-13                    (C)  the commissioner of health and human
   2-14  services;
   2-15                    (D)  the executive director of the Texas
   2-16  Department of Commerce; and
   2-17                    (E)  the administrator of the Texas Employment
   2-18  Commission;
   2-19              (2)  six voting members appointed by the governor who
   2-20  represent education, at least one of whom represents local public
   2-21  education institutions, one of whom represents postsecondary
   2-22  education institutions, one of whom represents secondary vocational
   2-23  education institutions, and one of whom represents postsecondary
   2-24  vocational education institutions;
   2-25              (3)  not fewer than six or more than 10 voting members
   2-26  who represent organized labor appointed by the governor based on
   2-27  recommendations made by recognized labor organizations;
    3-1              (4)  not fewer than six or more than 10 voting members
    3-2  appointed by the governor who represent business and industry,
    3-3  including individuals who represent business and industry on
    3-4  private industry councils under the Texas Job-Training Partnership
    3-5  Act (Article 4413(52), Vernon's Texas Civil Statutes) and its
    3-6  subsequent amendments;
    3-7              (5)  not less than one voting member appointed by the
    3-8  governor who represents a community-based organization;
    3-9              (6)  not less than one voting member appointed by the
   3-10  governor who represents a joint sponsored apprenticeship program as
   3-11  defined by the United States Department of Labor's Bureau of
   3-12  Apprenticeship and Training appointed from a list of three nominees
   3-13  submitted to the governor by the Apprenticeship and Training
   3-14  Association of Texas;
   3-15              (7)  additional voting members appointed by the
   3-16  governor to make a total of 30 public members from any of the
   3-17  following categories:
   3-18                    (A)  literacy groups;
   3-19                    (B)  local welfare or public housing agencies;
   3-20                    (C)  units of local government;
   3-21                    (D)  adult education organizations;
   3-22                    (E)  teachers and counselors;
   3-23                    (F)  local service delivery organizations;
   3-24                    (G)  special needs populations;
   3-25                    (H)  rural and agricultural organizations;
   3-26                    (I)  proprietary schools; and
   3-27                    (J)  other groups and organizations; and
    4-1              (8)  the following ex officio nonvoting members:
    4-2                    (A)  the chair of the State Board of Education;
    4-3                    (B)  the chairman of the Texas Higher Education
    4-4  Coordinating Board;
    4-5                    (C)  the presiding officer of the Texas Board of
    4-6  Human Services;
    4-7                    (D)  the presiding officer of the governing board
    4-8  of the Texas Department of Commerce;
    4-9                    (E)  the chair of the Texas Employment
   4-10  Commission;
   4-11                    (F)  the commissioner of the Texas Rehabilitation
   4-12  Commission; and
   4-13                    (G)  the executive director of the Texas
   4-14  Commission for the Blind.
   4-15        (c)  The governor shall designate a member as the presiding
   4-16  officer of the council, who serves in that capacity at the pleasure
   4-17  of the governor.  The presiding officer shall designate a member of
   4-18  the council as assistant presiding officer to preside in the
   4-19  absence of the presiding officer.  An ex officio member is not
   4-20  eligible to serve as presiding officer.
   4-21        SECTION 6.  MEETINGS; TERMS.   (a)  The council shall meet at
   4-22  least quarterly and at other times at the call of the presiding
   4-23  officer or as provided by rules adopted by the council.
   4-24        (b)  Members of the council who do not serve as ex officio
   4-25  members serve six-year terms, with one-third of those members'
   4-26  terms expiring September 1 of  each odd-numbered year.  An ex
   4-27  officio member shall continue to serve as a member of the council
    5-1  as long as the member continues to serve in the applicable office.
    5-2        SECTION 7.  DESIGNATED REPLACEMENTS.  (a)  A member of the
    5-3  council may designate another person to attend a meeting for the
    5-4  member.  The designated person may participate in the activities
    5-5  and discussions of the council but may not vote.
    5-6        (b)  An ex officio member of the council may designate
    5-7  another person to attend a meeting for the member only if the
    5-8  person is a member of the board or commission that the ex officio
    5-9  member represents.
   5-10        SECTION 8.  GROUNDS FOR REMOVAL FROM COUNCIL.  (a)  It is a
   5-11  ground for removal of a member from the council, other than an ex
   5-12  officio member, if the member:
   5-13              (1)  is absent from two consecutive council meetings
   5-14  for which the member received notice not less than 48 hours before
   5-15  the time of the meeting;
   5-16              (2)  is unable to discharge the member's duties for the
   5-17  remainder of the term for which the member was appointed because of
   5-18  illness or other disability;
   5-19              (3)  is absent from more than one-fourth of the
   5-20  regularly scheduled meetings of the council that the member is
   5-21  eligible to attend during each calendar year; or
   5-22              (4)  fails to perform any of the duties established by
   5-23  this Act.
   5-24        (b)  The validity of an action of the council is not affected
   5-25  by the fact that it is taken when a ground for removal of a council
   5-26  member exists.
   5-27        SECTION 9.  COUNCIL FUNCTIONS.  (a)  The council shall:
    6-1              (1)  promote the development of a well-educated, highly
    6-2  skilled workforce in this state through an integrated workforce
    6-3  development system providing literacy, adult basic education,
    6-4  community education, apprenticeship, and state-of-the-art
    6-5  occupational skills education and training programs;
    6-6              (2)  articulate the relationship and referral mechanism
    6-7  between labor exchange services offered by the Texas Employment
    6-8  Commission and the state's education and training programs;
    6-9              (3)  promote and assist in  the development of a
   6-10  business- and industry-driven skills standards and certification
   6-11  system for occupations requiring less than a baccalaureate-level
   6-12  education and training;
   6-13              (4)  recommend a statewide labor market information
   6-14  system to allow access to current information regarding job
   6-15  availability and skills requirements to job applicants, employers,
   6-16  training and education programs, and other entities that need the
   6-17  services and information;
   6-18              (5)  ensure that occupational skills training is
   6-19  provided in occupations that are currently in demand at the local
   6-20  level and is directed toward high-skill and high-wage jobs;
   6-21              (6)  recommend to the governor the designation of
   6-22  workforce development regions for the local planning and delivery
   6-23  of workforce development programs and the development of an
   6-24  incentive system for the consolidation of boards and councils at
   6-25  the local level;
   6-26              (7)  develop and recommend to the governor, in concert
   6-27  with the appropriate economic and human resource development
    7-1  agencies, a strategic plan for the state's workforce development
    7-2  effort;
    7-3              (8)  recommend to the governor the goals, objectives,
    7-4  and performance standards to guide and evaluate the state and
    7-5  federal workforce development programs through student and client
    7-6  outcomes;
    7-7              (9)  review the state's education, workforce
    7-8  development, and human services programs and systems and make
    7-9  recommendations to the governor regarding opportunities for
   7-10  coordination that would improve the quality of services with
   7-11  immediate attention to standardizing intake, eligibility,
   7-12  assessment, case management, and referral for participants in
   7-13  federal workforce development programs;
   7-14              (10)  evaluate the outcomes and make recommendations
   7-15  concerning the operation and outputs of all state and federal
   7-16  workforce development programs; and
   7-17              (11)  carry out the federal and state mandated duties
   7-18  and responsibilities for all advisory councils under applicable
   7-19  federal and state workforce development programs.
   7-20        (b)  The council shall assume the duty to:
   7-21              (1)  participate with appropriate state agencies and
   7-22  recommend to the governor and others state plans required by
   7-23  applicable federal laws in order for the state to receive federal
   7-24  funds;
   7-25              (2)  make policy recommendations to the governor
   7-26  regarding goals and priorities for both formula and discretionary
   7-27  funds for all applicable programs;
    8-1              (3)  participate directly in the development of the
    8-2  master plan for vocational education, as required by law, and
    8-3  recommend the plan to the State Board of Education, the Higher
    8-4  Education Coordinating Board, and the governor;
    8-5              (4)  ensure that general revenue funds available for
    8-6  literacy activity are used to support the efforts of local literacy
    8-7  councils in a manner consistent with the state strategic plan;
    8-8              (5)  recommend to the State Board of Vocational
    8-9  Education the division of federal funds between secondary and
   8-10  postsecondary educational agencies under the Carl D. Perkins
   8-11  Vocational and Applied Technology Education Act (20 U.S.C. Section
   8-12  2301 et seq.) and its subsequent amendments;
   8-13              (6)  make recommendations as appropriate to the Texas
   8-14  Employment Commission and its members regarding unemployment
   8-15  insurance issues pertinent to the work of the council;
   8-16              (7)  recommend formulas and procedures to be used in
   8-17  requesting appropriations of state funds for apprenticeship
   8-18  training and the forms, formulas, and procedures to distribute the
   8-19  funds; and
   8-20              (8)  provide to the governor a two-year work plan that
   8-21  shows the projects and areas of review to be conducted by the
   8-22  council and that must be submitted not later than August 31 of each
   8-23  year.
   8-24        (c)  In addition to the council's powers and duties under
   8-25  Subsections (a) and (b) of this section, the council may:
   8-26              (1)  adopt rules necessary and essential to the
   8-27  internal functions and duties of the council but not rules related
    9-1  to the operation of a program;
    9-2              (2)  make expenditures, enter into contracts with
    9-3  public, private, and nonprofit organizations or state agencies,
    9-4  require reports to be made, conduct investigations, and take other
    9-5  actions necessary or suitable to fulfill the council's duties under
    9-6  this Act;
    9-7              (3)  delegate to the executive director any power or
    9-8  duty imposed on the council by law, including the authority to make
    9-9  a final order or decision but not including the authority to adopt
   9-10  rules;
   9-11              (4)  provide for the mediation or arbitration of
   9-12  disputes between agencies that perform functions for federal
   9-13  programs as provided by this Act;
   9-14              (5)  accept gifts, grants, and donations of money,
   9-15  goods, or services to be used only to accomplish the council's
   9-16  duties under this Act; and
   9-17              (6)  enter into agreements with other state agencies to
   9-18  implement this Act, including agreements to share employees with
   9-19  another state agency.
   9-21  (a)  The presiding officer of the council may appoint subcommittees
   9-22  consisting of members of the council for any purpose consistent
   9-23  with the duties and responsibilities of the council under this Act.
   9-24        (b)  The presiding officer of the council may appoint
   9-25  technical advisory committees composed of council members or
   9-26  persons who are not council members, or both members and
   9-27  nonmembers.
   10-2  RESPONSIBILITIES.  (a)  The council shall assume the
   10-3  responsibilities assigned to the state advisory council under the
   10-4  following federal laws:
   10-5              (1)  the Job Training Partnership Act (29 U.S.C.
   10-6  Section 1501 et seq.) and its subsequent amendments;
   10-7              (2)  the Carl D. Perkins Vocational and Applied
   10-8  Technology Education Act (20 U.S.C. Section 2301 et seq.) and its
   10-9  subsequent amendments;
  10-10              (3)  the National and Community Service Act of 1990 (42
  10-11  U.S.C. Section 12501 et seq.) and its subsequent amendments;
  10-12              (4)  the Adult Education Act (20 U.S.C. Section 1201 et
  10-13  seq.) and its subsequent amendments;
  10-14              (5)  the Wagner-Peyser Act (29 U.S.C. Section 49 et
  10-15  seq.) and its subsequent amendments;
  10-16              (6)  Part F, Subchapter IV, Social Security Act (42
  10-17  U.S.C. Section 681 et seq.), and its subsequent amendments;
  10-18              (7)  the employment program established under Section
  10-19  6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)), and
  10-20  its subsequent amendments; and
  10-21              (8)  the National Literacy Act and its subsequent
  10-22  amendments.
  10-23        (b)  The council shall assume the responsibilities formerly
  10-24  exercised by the following state advisory councils:
  10-25              (1)  the State Job Training Coordinating Council;
  10-26              (2)  the Texas Council on Vocational Education;
  10-27              (3)  the technical advisory committee to the State
   11-1  Occupational Information Coordinating Council;
   11-2              (4)  the Texas Literacy Council; and
   11-3              (5)  the Apprenticeship and Training Advisory
   11-4  Committee.
   11-5        SECTION 12.  FISCAL AGENT.  The council may designate another
   11-6  state agency to serve as the council's fiscal agent if the
   11-7  designated agent agrees to the designation.
   11-9  governor, with the advice and consent of the senate, shall appoint
  11-10  an executive director for the council.  The executive director
  11-11  shall serve a two-year term.
  11-12        (b)  The executive director shall:
  11-13              (1)  perform duties assigned by the council and under
  11-14  state law;
  11-15              (2)  administer the day-to-day operations of the
  11-16  council;
  11-17              (3)  appoint officers, accountants, attorneys, experts,
  11-18  and other employees for the council and assign duties for those
  11-19  employees as necessary in the performance of the council's powers
  11-20  and duties under this Act;
  11-21              (4)  delegate authority to persons appointed under this
  11-22  section as the executive director considers to be reasonable and
  11-23  proper for the effective administration of the council; and
  11-24              (5)  perform other duties assigned by this Act.
  11-25        (c)  The executive director may adopt the administrative and
  11-26  personnel procedures of the council's fiscal agent rather than
  11-27  adopt new procedures for the council.
   12-1        (d)  The council shall have an independent staff with
   12-2  sufficient expertise to perform all duties and responsibilities
   12-3  assigned to the council under this Act and under state and federal
   12-4  law.
   12-5        (e)  The executive director of the State Occupational
   12-6  Information Coordinating Council shall report to the executive
   12-7  director of the council and shall provide labor market information,
   12-8  information relevant to workforce program evaluation, and staff
   12-9  technical assistance to the council and its staff as necessary.
  12-10  The executive director of the State Occupational Information
  12-11  Coordinating Council may enter into contracts for products and
  12-12  services with State Occupational Information Coordinating Council
  12-13  membership agencies and other organizations if consistent with the
  12-14  state strategic plan.
  12-15        SECTION 14.  PERSONNEL POLICIES.  (a)  The executive director
  12-16  of the council shall develop an intra-agency career ladder program.
  12-17  The program shall require the intra-agency posting of all
  12-18  nonentry-level positions concurrently with any public posting.
  12-19        (b)  The executive director shall develop a system of annual
  12-20  performance evaluations based on measurable job tasks.  All merit
  12-21  pay for council employees must be based on the system established
  12-22  under this subsection.
  12-23        SECTION 15.  STANDARDS OF CONDUCT INFORMATION.  The executive
  12-24  director shall provide to the council's members and employees, as
  12-25  often as necessary, information regarding their qualifications for
  12-26  office or employment under this Act and their responsibilities
  12-27  under applicable laws relating to standards of conduct for state
   13-1  officers and employees.
   13-3  executive director shall prepare and maintain a written policy
   13-4  statement to ensure implementation of a program of equal employment
   13-5  opportunity under which all personnel transactions are made without
   13-6  regard to race, color, disability, sex, religion, age, or national
   13-7  origin.  The policy statement must include:
   13-8              (1)  personnel policies, including policies relating to
   13-9  recruitment, evaluation, selection, application, training, and
  13-10  promotion of personnel that are in compliance with the Commission
  13-11  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
  13-12  and its subsequent amendments;
  13-13              (2)  a comprehensive analysis of the council's
  13-14  workforce that meets federal and state guidelines;
  13-15              (3)  procedures by which a determination can be made of
  13-16  significant underuse in the council's workforce of all persons for
  13-17  whom federal or state guidelines encourage a more equitable
  13-18  balance; and
  13-19              (4)  reasonable methods to appropriately address those
  13-20  areas of underuse.
  13-21        (b)  A policy statement under Subsection (a) of this section
  13-22  must cover an annual period, be updated annually, be reviewed by
  13-23  the Commission on Human Rights for compliance with Subsection
  13-24  (a)(1) of this section, and be filed with the governor's office.
  13-25        (c)  The governor's office shall deliver a biennial report to
  13-26  the legislature based on the information received under Subsection
  13-27  (b) of this section.  The report may be made separately or as part
   14-1  of other biennial reports to the legislature.
   14-3  AGENCIES.  (a)  The council shall develop recommendations
   14-4  periodically in each of the council's areas of responsibility and
   14-5  shall submit the recommendations to the governor.
   14-6        (b)  The governor shall consider the recommendations
   14-7  submitted under this section.  The governor shall approve,
   14-8  disapprove, or modify the recommendations and return the
   14-9  recommendations to the council to be forwarded as appropriate.  A
  14-10  recommendation that is approved or modified that requires a change
  14-11  in state or federal law shall be forwarded to the appropriate
  14-12  legislative body for consideration.
  14-13        (c)  A recommendation that is not returned to the council  by
  14-14  the governor before the 60th day after the date the recommendation
  14-15  is submitted shall be considered to be approved by the governor.
  14-16  On receipt of a recommendation by the governor, the council shall
  14-17  forward the recommendation to the appropriate state agency for
  14-18  action.
  14-19        (d)  State agencies that are responsible for the
  14-20  administration of human resources and workforce development
  14-21  programs in this state shall cooperate with the council to
  14-22  implement the recommendations to the extent possible.
  14-23        (e)  A state agency and other appropriate advisory groups
  14-24  designated by the council shall:
  14-25              (1)  provide requested information to the council in a
  14-26  timely manner;
  14-27              (2)  report on the implementation of the council's
   15-1  recommendations at the time and in the format requested by the
   15-2  council; and
   15-3              (3)  notify the governor, the executive director, and
   15-4  the presiding officer of the council if the agency determines that
   15-5  a recommendation cannot be implemented.
   15-6        (f)  A recommendation approved by the governor with regard to
   15-7  the state or federal Job Training Partnership Act shall be
   15-8  implemented by the agency responsible for the administration of
   15-9  that Act as required by federal law.
  15-10        SECTION 18.  STRATEGIC PLAN.  (a)  In addition to the other
  15-11  requirements of this Act, the strategic plan recommended by the
  15-12  council shall recognize and address literacy and basic education as
  15-13  activities that are critical to the well-being of individuals and
  15-14  the state without regard to whether the training and education is
  15-15  directed at preparing an individual for employment.
  15-16        (b)  On approval of the plan by the governor, an agency
  15-17  represented on the council shall use the strategic plan to develop
  15-18  the agency's strategic and operational plan.
  15-19        SECTION 19.  FUNDING.  (a)  Federal funding for the operation
  15-20  of the council shall be allocated according to federal
  15-21  requirements.
  15-22        (b)  A state agency represented on the council shall provide
  15-23  funds for the support of the council in proportion to the agency's
  15-24  financial participation in the workforce development system.  The
  15-25  legislature shall appropriate funds to the council on the basis of
  15-26  this subsection.
  15-27        SECTION 20.  APPLICATION OF SUNSET ACT.  The Council on
   16-1  Workforce and Economic Competitiveness is subject to Chapter 325,
   16-2  Government Code (Texas Sunset Act).  Unless continued in existence
   16-3  as provided by that chapter, the council is abolished on September
   16-4  1, 2001.
   16-5        SECTION 21.  CONFORMING AMENDMENT.  Section 31.03(1),
   16-6  Education Code, is amended to read as follows:
   16-7              (1)  "Council" means the <Texas> Council on Workforce
   16-8  and Economic Competitiveness <Vocational Education>.
   16-9        SECTION 22.  CONFORMING AMENDMENT.  Section 33.01(5),
  16-10  Education Code, is amended to read as follows:
  16-11              (5)  "Advisory committee" means the Council on
  16-12  Workforce and Economic Competitiveness <Apprenticeship and Training
  16-13  Advisory Committee to the State Board of Vocational Education>.
  16-14        SECTION 23.  CONFORMING AMENDMENT.  Section 5, Texas
  16-15  Job-Training Partnership Act (Article 4413(52), Vernon's Texas
  16-16  Civil Statutes), is amended to read as follows:
  16-17        Sec. 5.  Administration.  (a)  <A job-training and employment
  16-18  staff is established within the governor's office.  The staff
  16-19  shall:>
  16-20              <(1)  have responsibility for policy development,
  16-21  program planning, monitoring, and evaluation of these programs in
  16-22  coordination with existing state agencies as provided under the Job
  16-23  Training Partnership Act;>
  16-24              <(2)  provide staff support as directed by the governor
  16-25  for the State Job Training Coordinating Council; and>
  16-26              <(3)  perform such other functions and duties relating
  16-27  to the job-training, employment, and related programs as may be
   17-1  required by law or assigned by the governor.>
   17-2        <(b)>  The Texas Department of Commerce shall:
   17-3              (1)  have primary responsibility for implementation and
   17-4  management of the job-training program; and
   17-5              (2)  perform such other functions and duties relating
   17-6  to the job-training program as may be required by law or assigned
   17-7  by the governor.
   17-8        (b)  The Texas Department of Commerce shall assist and
   17-9  coordinate with the Council on Workforce and Economic
  17-10  Competitiveness in performing the department's functions under this
  17-11  Act.
  17-12        SECTION 24.  CONFORMING AMENDMENT.  Section 6A, Texas
  17-13  Job-Training Partnership Act (Article 4413(52), Vernon's Texas
  17-14  Civil Statutes), is amended to read as follows:
  17-15        Sec. 6A.  Audit information.  (a)  In order to obtain
  17-16  information necessary to monitor the progress of the implementation
  17-17  of this Act, the Council on Workforce and Economic Competitiveness
  17-18  and the joint committee created under Section 6 of this Act are
  17-19  <is> entitled to receive the results of audits that relate to state
  17-20  and local job-training plans as provided by this section.  The
  17-21  committee may prescribe the form in which the information is
  17-22  reported to the committee.
  17-23        (b)  The State Auditor shall submit to the Council on
  17-24  Workforce and Economic Competiveness and the committee any results
  17-25  of a financial audit, effectiveness audit, or compliance audit
  17-26  conducted by the State Auditor under Section 321.013, Government
  17-27  Code, that relate to the operation of an employment, job-training,
   18-1  or related program administered by a state agency.
   18-2        (c)  The Private Industry Council and appropriate chief
   18-3  elected official of each service delivery area shall submit to the
   18-4  State Auditor the results of any audit conducted under Section 9 of
   18-5  this Act that relates to the operation of the service delivery
   18-6  area's program of job-training, employment, or related services.
   18-7  The information shall be submitted in the manner directed by the
   18-8  State Auditor.  Based on the information received from each service
   18-9  delivery area, the State Auditor shall compile a summary of audit
  18-10  results and shall submit the summary in writing to the Council on
  18-11  Workforce and Economic Competitiveness <joint committee>.
  18-12        SECTION 25.  CONFORMING AMENDMENT.  Section 8, Texas
  18-13  Job-Training Partnership Act (Article 4413(52), Vernon's Texas
  18-14  Civil Statutes), is amended to read as follows:
  18-15        Sec. 8.  State Responsibilities.  (a)  The legislature may
  18-16  <reserves the right to> review and comment on the job-training plan
  18-17  submitted from each service delivery area and on the governor's
  18-18  coordination and special services plan.  The governor's plans shall
  18-19  be submitted to the lieutenant governor and the speaker of the
  18-20  house not later than February 1 of each odd-numbered year, who
  18-21  shall refer the plans to the appropriate senate and house
  18-22  committees for review and comment.
  18-23        (b)  <The state hereby establishes a State Job Training
  18-24  Coordinating Council as required by the federal Act, hereinafter
  18-25  referred to as the "state council".  The state council shall:>
  18-26              <(1)  be appointed by the governor in accordance with
  18-27  the requirements of the federal Act;>
   19-1              <(2)  have not more than 40 members including the
   19-2  chairperson;>
   19-3              <(3)  meet not less than quarterly;>
   19-4              <(4)  develop and recommend statewide goals and program
   19-5  objectives;>
   19-6              <(5)  identify needs for training and employment
   19-7  services;>
   19-8              <(6)  review operations of local programs and state
   19-9  agencies providing job-training, employment, and related programs
  19-10  identified in the federal Act;>
  19-11              <(7)  establish criteria for coordinating program
  19-12  planning and operations;>
  19-13              <(8)  evaluate the results of state and local training
  19-14  and employment services;>
  19-15              <(9)  develop and recommend the state's coordination
  19-16  and special services plan to the governor;>
  19-17              <(10)  perform the functions formerly conducted by the
  19-18  State Coordinating Committee for the work incentive program under
  19-19  Title IV of the Social Security Act, the advisory council
  19-20  established under the Wagner-Peyser Act (29 U.S.C.  49) and under
  19-21  the Texas Unemployment Compensation Act (Article 5221b-1 et seq.,
  19-22  Vernon's Texas Civil Statutes);>
  19-23              <(11)  assist each Private Industry Council in
  19-24  developing programs to serve AFDC recipients;>
  19-25              <(12)  develop conflict-of-interest guidelines relating
  19-26  to the participation of a member of a Private Industry Council in a
  19-27  contract with the service delivery area administered by that
   20-1  Private Industry Council; and>
   20-2              <(13)  perform such functions and duties relating to
   20-3  job-training, employment, and related programs as required by the
   20-4  federal Act or as assigned by the governor.>
   20-5        <(c)>  The governor or the governor's <his> delegated agency
   20-6  shall:
   20-7              (1)  <prepare a statement of goals and objectives for
   20-8  job-training and placement programs within the state;>
   20-9              <(2)>  be responsible for operational <the> planning,
  20-10  monitoring, implementing, and evaluating of job-training,
  20-11  employment, and related programs as provided for by the federal
  20-12  Act;
  20-13              (2) <(3)  shall>  monitor or cause to be monitored not
  20-14  less than annually each grant recipient and contractor to assure
  20-15  compliance;
  20-16              (3) <(4)>  prescribe, within parameters established by
  20-17  the secretary, variations in the performance standards for programs
  20-18  under the federal Act.  Such variations shall recognize the
  20-19  economic, geographic, and demographic differences in various
  20-20  regions of the state;
  20-21              (4) <(5)  provide specifications for the design,
  20-22  development, and operation of a statewide uniform labor market
  20-23  information system to facilitate the timely availability of
  20-24  employment and training information throughout the state;>
  20-25              <(6)>  develop and provide to service delivery areas
  20-26  information on a state and local area basis regarding economic,
  20-27  industrial, and labor market conditions;
   21-1              (5) <(7)>  plan, provide for the operation of, and
   21-2  evaluate special model or demonstration programs (including
   21-3  programs receiving financial assistance from private sources);
   21-4              (6) <(8)>  make available to service delivery areas,
   21-5  with or without reimbursement and upon request, appropriate
   21-6  information and technical assistance to assist in developing and
   21-7  implementing plans and programs;
   21-8              (7) <(9)>  establish and maintain a computerized
   21-9  statewide management information system to collect and maintain the
  21-10  financial, participant, and program data necessary to ensure
  21-11  program accountability on a monthly basis;
  21-12              (8) <(10)>  develop and formally issue procedures to
  21-13  ensure consistency of definitions, formats, recordkeeping, data
  21-14  gathering, and reporting.  These procedures shall concern, but not
  21-15  be limited to:
  21-16                    (A)  planning and contracting;
  21-17                    (B)  labor market information;
  21-18                    (C)  financial management;
  21-19                    (D)  participant tracking;
  21-20                    (E)  monitoring;
  21-21                    (F)  evaluation;
  21-22                    (G)  audit;
  21-23                    (H)  complaints and grievance procedures;
  21-24                    (I)  personnel standards, including equal
  21-25  opportunity compliance;
  21-26                    (J)  property management;
  21-27              (9) <(11)>  at least once every two years, the governor
   22-1  shall provide for an independent audit of each recipient of funds
   22-2  authorized under the federal Act;
   22-3              (10) <(12)>  the governor shall approve or disapprove
   22-4  the final local job-training plans and modifications according to
   22-5  the criteria established in the federal Act;
   22-6              (11) <(13)>  submit a coordination and special services
   22-7  plan to the secretary of labor in accordance with the requirements
   22-8  of the federal Act; and
   22-9              (12) <(14)>  provide preservice and in-service training
  22-10  to improve professional capability of managers and technical staff
  22-11  of state agencies, local administrative entities, private industry
  22-12  councils, and contractors involved in planning and operating
  22-13  programs.
  22-14        <(d)  All state agencies providing employment, job-training,
  22-15  and related programs shall provide to the state council information
  22-16  for planning, reviewing program operations, and evaluating program
  22-17  results as required by the governor.   In addition, these agencies
  22-18  shall also submit their plans to the state council.>
  22-19        SECTION 26.  REPEALER.  The following laws are repealed:
  22-20              (1)  Section 481.025, Government Code;
  22-21              (2)  Sections 31.12-31.25, Education Code; and
  22-22              (3)  Section 33.05, Education Code.
  22-23        SECTION 27.  EFFECTIVE DATE; TRANSITION.  (a)  This Act takes
  22-24  effect September 1, 1993.
  22-25        (b)  A transition oversight committee is created September 1,
  22-26  1993.  The committee is composed of the following members:
  22-27              (1)  the administrator of the Texas Employment
   23-1  Commission;
   23-2              (2)  the chair of the State Job Training Coordinating
   23-3  Council;
   23-4              (3)  the executive director of the Texas Department of
   23-5  Commerce;
   23-6              (4)  the commissioner of education;
   23-7              (5)  the commissioner of higher education;
   23-8              (6)  the commissioner of Health and Human Services;
   23-9              (7)  the chair of the Texas Literacy Council;
  23-10              (8)  the chair of the Apprenticeship and Training
  23-11  Advisory Committee;
  23-12              (9)  the chair of the Texas Council on Vocational
  23-13  Education;
  23-14              (10)  the chair of the technical advisory committee to
  23-15  the State Occupational Information Coordinating Council; and
  23-16              (11)  the chair of the governor's task force on
  23-17  education and economic competitiveness.
  23-18        (c)  All agencies, councils, and commissions affected by this
  23-19  Act are directed to cooperate with the committee in formulating and
  23-20  implementing a transition plan and program.
  23-21        (d)  The committee shall develop and oversee the
  23-22  implementation of a plan that will carry out the full effect of
  23-23  this Act in an orderly fashion.
  23-24        (e)  The Council on Workforce and Economic Competitiveness
  23-25  shall be appointed and operational not later than January 1, 1994.
  23-26        (f)  The materials, furniture, and other assets, and the
  23-27  unexpended and unobligated appropriations and other funds, of the
   24-1  councils and committees abolished under this Act shall be
   24-2  transferred to the Council on Workforce and Economic
   24-3  Competitiveness not later than January 1, 1994.
   24-4        SECTION 28.  EMERGENCY.  The importance of this legislation
   24-5  and the crowded condition of the calendars in both houses create an
   24-6  emergency and an imperative public necessity that the
   24-7  constitutional rule requiring bills to be read on three several
   24-8  days in each house be suspended, and this rule is hereby suspended.