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.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.
9-20 SECTION 10. SUBCOMMITTEES; TECHNICAL ADVISORY COMMITTEES.
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.
10-1 SECTION 11. TRANSFER OF STATE ADVISORY COUNCIL
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.
11-8 SECTION 13. EXECUTIVE DIRECTOR; COUNCIL STAFF. (a) The
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.
13-2 SECTION 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
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.
14-2 SECTION 17. COUNCIL RECOMMENDATIONS; COOPERATION WITH STATE
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.