By:  Ellis                                             S.B. No. 642
       73R5908 E
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the consolidation of economic development, vocational
    1-3  education, job training, employment, and unemployment insurance
    1-4  programs and the development of an integrated state-local delivery
    1-5  system serving all Texans.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7                   ARTICLE 1.  LEGISLATIVE FINDINGS
    1-8        SECTION 1.01.  LEGISLATIVE FINDINGS.  The legislature finds
    1-9  that:
   1-10              (1)  the economic future of Texas and the prosperity of
   1-11  its citizens depends on the ability of Texas businesses to compete
   1-12  effectively in the world economy;
   1-13              (2)  the marketing of the state and the promotion of
   1-14  the state as a site for business activity and tourism will enhance
   1-15  the state's economy;
   1-16              (3)  ongoing efforts are needed to provide stimulation
   1-17  for business expansion in both domestic and foreign markets;
   1-18              (4)  a well-educated and highly trained workforce
   1-19  provides Texas businesses with the competitive edge critical for
   1-20  their success;
   1-21              (5)  the state's current workforce development effort
   1-22  is a fragmented array of more than 21 separately funded and
   1-23  administered education, job training, and employment programs
   1-24  operated by seven separate state agencies;
    2-1              (6)  despite the best efforts of those professionals
    2-2  and volunteers who struggle every day to make those programs work
    2-3  and serve the needs of their clients, this fragmented approach
    2-4  results in the lack of clear accountability for results,
    2-5  duplication of services, inappropriate training, and wasted
    2-6  resources;
    2-7              (7)  consolidating these various federal and state
    2-8  programs in a single state-local delivery system will improve the
    2-9  quality and effectiveness of services and provide Texas businesses
   2-10  with an element critical to their success--a high quality
   2-11  workforce;
   2-12              (8)  empowering local business, labor, and community
   2-13  leaders to take a more active role in their communities' economic
   2-14  and workforce development will enhance the quality, efficiency, and
   2-15  responsiveness of these programs.
   2-16        SECTION 1.02.  SHORT TITLE.  Articles 2 through 7 of this Act
   2-17  may be cited as the Texas Economic Development and Workforce
   2-18  Competitiveness Act.
   2-19        SECTION 1.03.  APPLICATION OF SUNSET ACT.  The Texas
   2-20  Commission on Commerce and Labor is subject to Chapter 325,
   2-21  Government Code (Texas Sunset Act).  Unless continued in existence
   2-22  as provided by that chapter, the commission is abolished September
   2-23  1, 2001.
   2-24        SECTION 1.04.  DEFINITIONS.  In this Act:
   2-25              (1)  "Commission" means the Texas Commission on
   2-26  Commerce and Labor.
   2-27              (2)  "Program year" means July 1 to June 30.
    3-1          ARTICLE 2.  TEXAS COMMISSION ON COMMERCE AND LABOR
    3-2        SECTION 2.01.  CREATION OF COMMISSION.  The Texas Commission
    3-3  on Commerce and Labor is created.
    3-4        SECTION 2.02.  PURPOSE OF COMMISSION.  The commission is
    3-5  created for the purpose of consolidating the administration and
    3-6  delivery of federal and state programs for economic and workforce
    3-7  development.  The commission is responsible for:
    3-8              (1)  meeting the needs of Texas business for business
    3-9  development assistance, marketing Texas products, and promoting
   3-10  Texas as a place to do business;
   3-11              (2)  meeting the needs of Texas business for a highly
   3-12  skilled and productive workforce;
   3-13              (3)  meeting the needs of Texas workers for education,
   3-14  skills training, and labor market information to enhance their
   3-15  employability and standard of living; and
   3-16              (4)  meeting the needs of Texas taxpayers for ensuring
   3-17  that their tax dollars are spent effectively and efficiently.
   3-18        SECTION 2.03.  DESIGNATION OF COMMISSION.  The commission is
   3-19  designated as the State Board for Vocational Education.  The
   3-20  commission shall assume the leadership role and administrative
   3-21  responsibilities for state-level administration of secondary and
   3-22  postsecondary technical-vocational education programs in public
   3-23  local education agencies and other eligible institutions of higher
   3-24  education.
   3-25        SECTION 2.04.  JURISDICTION OF COMMISSION.  (a)  The
   3-26  commission administers the following programs in this state:
   3-27              (1)  economic development programs, including promotion
    4-1  and marketing, domestic business development, international
    4-2  business development, and tourism programs under Section 481.006,
    4-3  Government Code, and all other programs currently administered and
    4-4  all current functions and responsibilities of the Texas Department
    4-5  of Commerce and its advisory boards;
    4-6              (2)  the Texas Job-Training Partnership Act (Article
    4-7  4413(52), Vernon's Texas Civil Statutes);
    4-8              (3)  vocational and technical education programs under
    4-9  Sections 21.111 through 21.113, and 21.115, and Chapters 31, 32,
   4-10  and 130, Education Code;
   4-11              (4)  adult education programs under Section 11.18,
   4-12  Education Code;
   4-13              (5)  apprenticeship programs under Chapter 33,
   4-14  Education Code;
   4-15              (6)  the trade adjustment assistance program under Part
   4-16  2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
   4-17  seq.); and
   4-18              (7)  the senior citizens employment program under
   4-19  Chapter 101, Human Resources Code;
   4-20              (8)  the Smart Jobs Fund Program under Subchapter J,
   4-21  Chapter 481, Government Code;
   4-22              (9)  the Texas Unemployment Compensation Act (Article
   4-23  5221b-1 et seq., Vernon's Texas Civil Statutes);
   4-24              (10)  the Texas child labor law (Article 5181.1,
   4-25  Vernon's Texas Civil Statutes);
   4-26              (11)  the Texas payday law (Article 5155, Revised
   4-27  Statutes);
    5-1              (12)  the public information program of the Texas
    5-2  Minimum Wage Act of 1970 (Article 5159d, Vernon's Texas Civil
    5-3  Statutes);
    5-4              (13)  literacy funds available to the state under the
    5-5  National Literacy Act; and
    5-6              (14)  the National and Community Service Act of 1990
    5-7  (42 U.S.C. Section 12501 et seq.).
    5-8        (b)  To the fullest extent allowable under federal law the
    5-9  commission shall also administer:
   5-10              (1)  the Job Opportunities and Basic Skills program
   5-11  under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
   5-12  682); and
   5-13              (2)  the food stamp employment and training program
   5-14  authorized under 7 U.S.C. Section 2015(d).
   5-15        SECTION 2.05.  MEMBERSHIP REQUIREMENTS.  (a)  The commission
   5-16  is composed of three members:
   5-17              (1)  one of whom shall be a representative of labor;
   5-18              (2)  one of whom shall be a representative of
   5-19  employers; and
   5-20              (3)  one of whom shall be impartial and shall represent
   5-21  the public.
   5-22        (b)  The governor shall appoint the members and make the
   5-23  appointments without regard to the race, creed, sex, disability,
   5-24  religion, or national origin of the appointees.
   5-25        SECTION 2.06.  MEMBER RESTRICTIONS.  (a)  A member of the
   5-26  commission may not engage in any other business, vocation, or
   5-27  employment during the member's term on the commission.
    6-1        (b)  The public member of the commission may not be an
    6-2  officer, employee, or paid consultant of a labor-oriented or
    6-3  employer-oriented trade association while the member serves on the
    6-4  commission.
    6-5        SECTION 2.07.  EFFECT OF LOBBYING ACTIVITY.  A person who is
    6-6  required to register as a lobbyist under Chapter 305, Government
    6-7  Code, may not serve as a member of the commission while registered.
    6-8  If the person ceases to engage in lobbying activity and files a
    6-9  notice of termination as prescribed by Section 305.008, Government
   6-10  Code, the person may serve as a member of the commission or act as
   6-11  the general counsel to the commission.
   6-12        SECTION 2.08.  TERMS; VACANCY.  (a)  Members of the
   6-13  commission are appointed for fixed and staggered six-year terms,
   6-14  with one member's term expiring on February 1 of each odd-numbered
   6-15  year.
   6-16        (b)  A member appointed to fill a vacancy shall hold office
   6-17  for the remainder of that term.
   6-18        SECTION 2.09.  CHAIR.  The member representing the public is
   6-19  the chair of the commission.
   6-20        SECTION 2.10.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a
   6-21  ground for removal from the commission by impeachment that a
   6-22  member:
   6-23              (1)  during any 60-day period, is absent from each
   6-24  commission meeting for which the member received at least 48 hours'
   6-25  notice;
   6-26              (2)  is unable to discharge the member's duties for the
   6-27  remainder of the term for which the member was appointed because of
    7-1  illness or other disability;
    7-2              (3)  is absent:
    7-3                    (A)  from more than half of the regularly
    7-4  scheduled meetings of the commission that the member is eligible to
    7-5  attend during each calendar year;
    7-6                    (B)  from more than half of the regularly
    7-7  scheduled meetings of the Council for Workforce Competitiveness or
    7-8  the Council for Economic Development that the member is eligible to
    7-9  attend during each calendar year;
   7-10              (4)  violates a prohibition established by Section 2.06
   7-11  or 2.07; or
   7-12              (5)  fails to perform any of the duties as established
   7-13  by Section 2.11.
   7-14        (b)  The validity of an action of the commission is not
   7-15  affected by the fact that it was taken when a ground for the
   7-16  removal of a member of the commission existed.
   7-17        SECTION 2.11.  GENERAL POWERS AND DUTIES.  (a)  The
   7-18  commission shall:
   7-19              (1)  administer all programs and corresponding federal
   7-20  and state legislation consolidated under the commission's authority
   7-21  by this Act;
   7-22              (2)  determine its own organization and methods of
   7-23  procedure in accordance with all applicable state and federal
   7-24  legislation;
   7-25              (3)  promote the adoption of high skill, high
   7-26  performance work organizations in Texas;
   7-27              (4)  promote the development and adoption of a
    8-1  business- and industry-driven skills standards and certification
    8-2  system;
    8-3              (5)  implement economic development policies and
    8-4  programs consistent with recommendations from the Council for
    8-5  Economic Development;
    8-6              (6)  implement a statewide system for evaluating the
    8-7  effectiveness of all workforce development programs using
    8-8  administrative records of the state's unemployment compensation
    8-9  program and other such sources as appropriate;
   8-10              (7)  support research and demonstration projects
   8-11  designed to develop new programs and approaches to service
   8-12  delivery;
   8-13              (8)  ensure standardized technical and skill-specific
   8-14  curricula for all vocational and technical programs funded by state
   8-15  and federal funds;
   8-16              (9)  ensure that the academic curricula of the
   8-17  vocational and technical programs are coordinated;
   8-18              (10)  advocate for the local workforce development
   8-19  councils at the state and federal levels;
   8-20              (11)  provide for a comprehensive labor market
   8-21  information system serving employers, students, workers, and state
   8-22  and local planning organizations;
   8-23              (12)  contract with local workforce development boards
   8-24  for program planning and service delivery;
   8-25              (13)  provide training and professional development
   8-26  services for commission staff, council members, and local workforce
   8-27  development boards and their staff;
    9-1              (14)  provide technical assistance and support to local
    9-2  workforce development boards;
    9-3              (15)  appoint an executive director; and
    9-4              (16)  perform such other functions and duties as may be
    9-5  required by law or assigned by the governor.
    9-6        (b)  The commission may:
    9-7              (1)  adopt rules, make expenditures, enter into
    9-8  contracts with public, private, and nonprofit organizations,
    9-9  require reports, conduct investigations, and take other action it
   9-10  considers necessary or suitable to fulfill its administrative
   9-11  duties;
   9-12              (2)  delegate to the executive director any power or
   9-13  duty imposed on the commission by law, including the authority to
   9-14  make final orders or decisions, except that the commission may not
   9-15  delegate:
   9-16                    (A)  the power or duty to adopt rules; and
   9-17                    (B)  duties related to the approval and issuance
   9-18  of bonds.
   9-19        SECTION 2.12.  TRAINING FOR LOCAL WORKFORCE DEVELOPMENT BOARD
   9-20  MEMBERS.  (a)  The commission shall provide management and board
   9-21  development training to all members of local workforce development
   9-22  boards.  The training shall include information regarding the
   9-23  importance of a high quality workforce to the economic prosperity
   9-24  of their communities and encourage board members to be advocates in
   9-25  their communities for effective and efficient workforce development
   9-26  programs.  A member of a workforce development board must receive
   9-27  the training within three months of beginning service on a
   10-1  certified board or that member shall be ineligible to continue
   10-2  serving on the board.
   10-3        (b)  Training may be provided directly by the commission or
   10-4  through a third party that shall have demonstrated experience in
   10-5  providing training to local workforce development or similar
   10-6  boards.  The quality of training shall be reviewed and appraised
   10-7  periodically by the Council for Workforce Competitiveness.
   10-8        (c)  Local workforce development boards shall cover 25
   10-9  percent of the costs for all members' management and board
  10-10  development training.
  10-11        SECTION 2.13.  THE EXECUTIVE DIRECTOR.  The executive
  10-12  director of the commission shall:
  10-13              (1)  perform the duties assigned by the commission and
  10-14  state law and shall administer the day-to-day operations of the
  10-15  agency;
  10-16              (2)  appoint and prescribe the powers and duties of all
  10-17  officers, accountants, attorneys, experts, and other persons as
  10-18  necessary in the performance of the commission's duties;
  10-19              (3)  delegate authority to persons appointed under this
  10-20  section, as the executive director considers reasonable and proper,
  10-21  for effective administration;
  10-22              (4)  designate an associate director for occupational
  10-23  education as required by federal law to assist in the linkage of
  10-24  secondary vocational/technical education programs operated by the
  10-25  commission and corresponding academic programs operated by the
  10-26  Central Education Agency;
  10-27              (5)  bond any person that handles money or signs checks
   11-1  for the commission;
   11-2              (6)  employ personnel necessary for the administration
   11-3  of the commission's duties;
   11-4              (7)  develop an intradepartment career ladder program,
   11-5  one part of which shall require the intradepartmental posting of
   11-6  all nonentry-level positions concurrently with any public posting;
   11-7              (8)  develop a system of annual performance evaluations
   11-8  based on measurable job tasks on which all merit pay for commission
   11-9  employees must be based;
  11-10              (9)  provide to the commission's employees as often as
  11-11  is necessary information regarding their qualifications under this
  11-12  article and their responsibilities under applicable laws relating
  11-13  to standards of conduct for state officers and employees;
  11-14              (10)  prepare and maintain a written policy statement
  11-15  that ensures implementation of a program of equal employment
  11-16  opportunity under which all personnel transactions are made without
  11-17  regard to race, color, disability, sex, religion, age, or national
  11-18  origin, and that must include:
  11-19                    (A)  personnel policies, including policies
  11-20  relating to recruitment, evaluation, selection, appointment,
  11-21  training, and promotion of personnel;
  11-22                    (B)  a comprehensive analysis of the commission's
  11-23  workforce that meets federal and state guidelines;
  11-24                    (C)  procedures by which a determination can be
  11-25  made of significant underuse in the commission's workforce of all
  11-26  persons for whom federal or state guidelines encourage a more
  11-27  equitable balance; and
   12-1                    (D)  reasonable methods to appropriately address
   12-2  areas of significant underuse in the commission's workforce of all
   12-3  persons for whom federal and state guidelines encourage a more
   12-4  equitable balance.
   12-5                   ARTICLE 3.  STATE POLICY COUNCILS
   12-6               PART A.  COUNCIL FOR ECONOMIC DEVELOPMENT
   12-7        SECTION 3.01.  CREATION OF COUNCIL.  The Council for Economic
   12-8  Development is created.
   12-9        SECTION 3.02.  MEMBERSHIP OF COUNCIL.  (a)  The council shall
  12-10  be appointed by the governor, who shall designate one of the
  12-11  members representing business to be chairperson.  Members will be
  12-12  appointed to three-year fixed and staggered terms.  The membership
  12-13  shall reflect ethnic and geographic diversity of the state.  The
  12-14  council shall be composed as follows:
  12-15              (1)  six members representing business, at least two of
  12-16  which represent businesses employing fewer than 100 employees;
  12-17              (2)  two members representing organized labor;
  12-18              (3)  one member from a local economic development
  12-19  organization in a city above 400,000;
  12-20              (4)  one member from a local economic development
  12-21  organization in a city under 50,000;
  12-22              (5)  one member from a local economic development
  12-23  organization in a city between 50,000 and 400,000;
  12-24              (6)  one member from a nonprofit organization dedicated
  12-25  to community development; and
  12-26              (7)  three members of the commission, who shall serve
  12-27  in an ex officio, nonvoting capacity.
   13-1        (b)  The council may create committees as needed to carry out
   13-2  its duties and responsibilities.  The council may create technical
   13-3  advisory groups composed of both council and noncouncil members to
   13-4  provide assistance as needed.
   13-5        SECTION 3.03.  FUNCTIONS OF COUNCIL.  The council shall:
   13-6              (1)  develop and recommend to the governor, in concert
   13-7  with the Council for Workforce Competitiveness, a strategic plan
   13-8  for the state's economic and workforce development effort;
   13-9              (2)  recommend to the governor the goals, objectives,
  13-10  and performance standards to guide and evaluate the economic
  13-11  development programs implemented by the commission;
  13-12              (3)  recommend to the governor new programs and
  13-13  delivery systems to improve the efficiency and effectiveness of the
  13-14  state's economic development initiatives;
  13-15              (4)  monitor and evaluate the operation and results of
  13-16  the state's economic development programs;
  13-17              (5)  serve as an advocate for the development of
  13-18  high-performance work organizations in Texas business and
  13-19  government;
  13-20              (6)  recommend to the governor an approach for
  13-21  fostering the development of a business- and industry-driven skills
  13-22  standards and certification system for occupations requiring
  13-23  subbaccalaureate-level education and training;
  13-24              (7)  advise the governor on issues relating to small
  13-25  business, rural development, and international trade, including the
  13-26  impact of the North American Free Trade Agreement; and
  13-27              (8)  promote the economic competitiveness of businesses
   14-1  and workers throughout the state.
   14-2        SECTION 3.04.  COUNCIL STAFFING AND SUPPORT.  (a)  The
   14-3  council shall have an executive director who reports directly to
   14-4  the chairperson and the necessary professional, technical, and
   14-5  support staff required to effectively carry out its duties and
   14-6  responsibilities.  This staff shall be independent of the
   14-7  commission.  Council staff may be augmented by staff from state
   14-8  agencies temporarily assigned to assist with special projects.
   14-9        (b)  All state agencies shall provide complete and accurate
  14-10  information in a timely manner to assist the council in carrying
  14-11  out its responsibilities.
  14-12        (c)  Any federal funding for council staff and functions
  14-13  shall be allocated in accordance with federal requirements.
  14-14        (d)  Additional financial support for the council shall be
  14-15  provided by the commission.
  14-16        SECTION 3.05.  MEETINGS.  This council shall meet not less
  14-17  than quarterly.
  14-18            PART B.  COUNCIL FOR WORKFORCE COMPETITIVENESS
  14-19        SECTION 3.06.  CREATION OF COUNCIL.  The Council for
  14-20  Workforce Competitiveness is created.
  14-21        SECTION 3.07.  MEMBERSHIP OF COUNCIL.  (a)  The council shall
  14-22  be appointed by the governor, who shall designate one of the
  14-23  business representatives to be chairperson.  Members shall serve
  14-24  three-year, fixed and staggered terms.  The membership shall
  14-25  reflect the ethnic and geographic diversity of the state but may
  14-26  not exceed 40 members.
  14-27        (b)  The council shall be composed as follows:
   15-1              (1)  the head of each state agency responsible for the
   15-2  administration of an applicable federal or state human resource
   15-3  program;
   15-4              (2)  one or more representatives from each of the
   15-5  following categories, the total of which shall constitute not less
   15-6  than 15 percent of the membership of the council:
   15-7                    (A)  local public education;
   15-8                    (B)  a postsecondary institution; and
   15-9                    (C)  a secondary or postsecondary vocational
  15-10  educational institution;
  15-11              (3)  one or more representatives of community-based
  15-12  organizations;
  15-13              (4)  representatives of business and industry,
  15-14  including individuals who are representing business and industry on
  15-15  local workforce development boards, who shall constitute not less
  15-16  than 15 percent of the membership of the council;
  15-17              (5)  representatives of organized labor selected from
  15-18  among individuals nominated by recognized state labor federations,
  15-19  who shall constitute not less than 15 percent of the membership of
  15-20  the council;
  15-21              (6)  additional members, who may be selected from:
  15-22                    (A)  representatives from local welfare agencies;
  15-23                    (B)  representatives from public housing
  15-24  agencies;
  15-25                    (C)  representatives from units of general local
  15-26  government or consortia of such units, appointed from nominations
  15-27  made by the chief elected officials of such units or consortia;
   16-1                    (D)  representatives from the state legislature;
   16-2                    (E)  representatives from any state or local
   16-3  program that receives funding under an applicable federal human
   16-4  resource program that the governor determines to have a direct
   16-5  interest in the utilization of human resources within the state;
   16-6  and
   16-7                    (F)  individuals who have special knowledge and
   16-8  qualifications with respect to special education and career
   16-9  development needs of hard-to-serve individuals; and
  16-10              (7)  members of the commission, who shall serve as ex
  16-11  officio, nonvoting members of the council.
  16-12        (c)  None of the following categories of individuals may
  16-13  constitute more than 60 percent of the membership of the council:
  16-14              (1)  individuals selected under Subsection (b)(1) of
  16-15  this section;
  16-16              (2)  individuals appointed under Subsection (b)(2) of
  16-17  this section;
  16-18              (3)  individuals appointed under Subsection (b)(3) of
  16-19  this section;
  16-20              (4)  individuals appointed under Subsection (b)(4) of
  16-21  this section;
  16-22              (5)  individuals appointed under Subsection (b)(5) of
  16-23  this section; and
  16-24              (6)  individuals selected under Subsection (b)(7) of
  16-25  this section.
  16-26        (d)  The council may create committees as needed to carry out
  16-27  its duties and responsibilities.  The council may create technical
   17-1  advisory groups composed of both council and noncouncil members to
   17-2  provide assistance as needed.
   17-3        SECTION 3.08.  RESPONSIBILITIES AND FUNCTIONS OF COUNCIL.
   17-4  (a)  The council shall assume the state advisory council
   17-5  responsibilities authorized under the following federal acts:
   17-6              (1)  the Job Training Reform Amendments of 1992;
   17-7              (2)  the Carl D. Perkins Vocational and Applied
   17-8  Technology Education Act (20 U.S.C. Section 2301 et seq.);
   17-9              (3)  the National and Community Service Act of 1990 (42
  17-10  U.S.C. Section 12501 et seq.);
  17-11              (4)  the Adult Education Act (20 U.S.C. Section 1201 et
  17-12  seq.);
  17-13              (5)  the Wagner-Peyser Act (29 U.S.C. Section 49 et
  17-14  seq.);
  17-15              (6)  Part F of Subchapter IV of the Social Security Act
  17-16  (42 U.S.C. Section 681 et seq.);
  17-17              (7)  the employment program established under Section
  17-18  6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. Section
  17-19  2015(d)(4)); and
  17-20              (8)  the National Literacy Act.
  17-21        (b)  The council shall assume responsibilities for the
  17-22  following state advisory councils:
  17-23              (1)  the Texas Literacy Council;
  17-24              (2)  the Apprenticeship Advisory Committee; and
  17-25              (3)  the Technical Advisory Committee to the State
  17-26  Occupational Information Coordinating Council.
  17-27        (c)  The functions of the council include:
   18-1              (1)  promoting the development of a well-educated,
   18-2  highly skilled workforce in Texas;
   18-3              (2)  serving as an advocate for the development of an
   18-4  integrated workforce development system to provide quality services
   18-5  addressing the needs of Texas business and workers;
   18-6              (3)  recommending to the governor the designation of
   18-7  workforce development areas for the local planning and delivery of
   18-8  workforce development programs;
   18-9              (4)  developing and recommending to the governor, in
  18-10  concert with the Council for Economic Development, a strategic plan
  18-11  for the state's economic and workforce development effort;
  18-12              (5)  designing and implementing a state-local planning
  18-13  process for developing goals, objectives, and performance standards
  18-14  for the state's workforce development programs;
  18-15              (6)  recommending to the governor the goals,
  18-16  objectives, and performance standards to guide and evaluate the
  18-17  workforce development programs implemented by the commission;
  18-18              (7)  reviewing local workforce development plans and
  18-19  making recommendations to the governor for approval;
  18-20              (8)  recommending to the governor new programs and
  18-21  delivery systems to improve the efficiency and effectiveness of the
  18-22  state's workforce development initiatives;
  18-23              (9)  reviewing the state's education, workforce
  18-24  development, and human services programs and systems and making
  18-25  recommendations to the governor regarding opportunities for
  18-26  coordination that would improve the quality of services;
  18-27              (10)  monitoring and evaluating the operation and
   19-1  results of the state's workforce development programs; and
   19-2              (11)  carrying out the federal and state mandated
   19-3  duties and responsibilities for all advisory councils required
   19-4  under applicable federal and state workforce development programs
   19-5  consolidated under the commission.
   19-6        SECTION 3.09.  COUNCIL STAFFING AND SUPPORT.  (a)  The
   19-7  council shall have an executive director, who reports directly to
   19-8  the chairperson, and the necessary professional, technical, and
   19-9  support staff required to effectively carry out its duties and
  19-10  responsibilities.  This staff shall be independent of the
  19-11  commission.  Council staff may be augmented by staff from state
  19-12  agencies temporarily assigned to assist with special projects.
  19-13        (b)  All state agencies shall provide complete and accurate
  19-14  information in a timely manner to assist the council in carrying
  19-15  out its responsibilities.
  19-16        (c)  Any federal funding for council staff and functions
  19-17  shall be allocated in accordance with federal requirements.  All
  19-18  expenditures shall reflect priority for the designated
  19-19  responsibilities of that funding source.
  19-20        (d)  Each state agency represented on the council shall
  19-21  provide funds for the financial support of the council's operations
  19-22  at least proportional to their financial participation in the
  19-23  workforce development system.
  19-24        SECTION 3.10.  MEETINGS.  The council shall meet not less
  19-25  than quarterly.
  19-26                   ARTICLE 4.  ADVISORY COMMITTEE ON
  19-27                    VOCATIONAL-TECHNICAL EDUCATION
   20-1        SECTION 4.01.  ADVISORY COMMITTEE ON VOCATIONAL-TECHNICAL
   20-2  EDUCATION.  (a)  The advisory committee on vocational-technical
   20-3  education is created to advise the Texas Higher Education
   20-4  Coordinating Board, the State Board of Education, and the
   20-5  commission in coordinating secondary and postsecondary
   20-6  vocational-technical activities and vocational-technical teacher
   20-7  education programs offered or proposed to be offered in the local
   20-8  education agencies' colleges and universities of this state.  The
   20-9  committee shall be composed of the three members of the commission,
  20-10  three members from the Texas Higher Education Coordinating Board
  20-11  appointed by the chairman of the board, and three members of the
  20-12  State Board of Education appointed by the chairman of the board.  A
  20-13  member of the coordinating board shall be designated as chairman of
  20-14  the advisory committee by the chairman of the coordinating board.
  20-15  The committee shall hold regular annual meetings as  called by the
  20-16  chairman.
  20-17        (b)  The committee shall:
  20-18              (1)  advise the agencies on the coordination of
  20-19  secondary and postsecondary vocational-technical education and the
  20-20  articulation between postsecondary vocational-technical education
  20-21  and secondary vocational-technical education;
  20-22              (2)  facilitate the transfer of responsibilities for
  20-23  the administration of postsecondary vocational-technical education
  20-24  from the Texas Higher Education Coordinating Board to the
  20-25  commission;
  20-26              (3)  facilitate the transfer of responsibilities for
  20-27  the administration of secondary vocational-technical education from
   21-1  the Central Education Agency to the commission; and
   21-2              (4)  advise the commission, when it acts as the State
   21-3  Board of Vocational Education, on:
   21-4                    (A)  the allocation between secondary and
   21-5  postsecondary education of funds received by the state from the
   21-6  federal government under the Carl D.  Perkins Vocational and
   21-7  Applied Technology Education Act and other federal statutes
   21-8  relating to postsecondary vocational-technical education;
   21-9                    (B)  the transfer of federal funds to the
  21-10  coordinating board for allotment to eligible public postsecondary
  21-11  institutions of higher education;
  21-12                    (C)  the vocational-technical education funding
  21-13  for projects and institutions;
  21-14                    (D)  the development and updating of the state
  21-15  plan for vocational-technical education and the evaluation of
  21-16  programs, services, and activities of vocational-technical
  21-17  education and such amendments to the state plan for
  21-18  vocational-technical education as may relate to secondary and
  21-19  postsecondary education; and
  21-20                    (E)  other matters related to secondary and
  21-21  postsecondary vocational-technical education.
  21-22          ARTICLE 5.  DESIGNATING WORKFORCE DEVELOPMENT AREAS
  21-23        SECTION 5.01.  DESIGNATING WORKFORCE DEVELOPMENT AREAS.  (a)
  21-24  The governor shall, after receiving the recommendations of the
  21-25  Council for Workforce Competitiveness, publish a proposed
  21-26  designation of local workforce development areas for the planning
  21-27  and delivery of workforce development services, each of which:
   22-1              (1)  is composed of more than one contiguous unit of
   22-2  general local government, which shall include at least one county;
   22-3              (2)  is consistent with either a local labor market
   22-4  area, a metropolitan statistical area, one of the 24 substate
   22-5  planning areas or one of the 10 uniform state service regions; and
   22-6              (3)  is of such size to have the administrative
   22-7  resources necessary to provide for the effective planning,
   22-8  management, and delivery of workforce development services.
   22-9        (b)  Units of general local government, business and labor
  22-10  organizations, and other affected persons and organizations shall
  22-11  be given an opportunity to comment on the proposed designation of
  22-12  workforce development areas and to request revisions thereof.
  22-13        (c)  The governor, after considering all comments and
  22-14  requests for changes, shall make the final designation of workforce
  22-15  development areas.  The governor may redesignate workforce
  22-16  development areas no more frequently than every two years.  Such
  22-17  redesignation shall be made not later than four months before the
  22-18  beginning of a program year.
  22-19            ARTICLE 6.  LOCAL WORKFORCE DEVELOPMENT BOARDS
  22-20        SECTION 6.01.  CREATION OF LOCAL WORKFORCE DEVELOPMENT
  22-21  BOARDS.  (a)  The chief elected officials in a workforce
  22-22  development area designated by the governor under Section 5.01 of
  22-23  this Act may form, in accordance with rules established by the
  22-24  commission, a local workforce development board to plan, oversee,
  22-25  and evaluate the delivery of all workforce development programs in
  22-26  that workforce development area.
  22-27        (b)  Upon reaching an agreement regarding the formation of a
   23-1  local workforce development board, the chief elected officials
   23-2  shall reduce that agreement to writing.  This local government
   23-3  agreement shall include:
   23-4              (1)  the purpose for the agreement;
   23-5              (2)  the process that will be used to select the chief
   23-6  elected official who will act on behalf of the other chief elected
   23-7  officials;
   23-8              (3)  the initial size of the workforce development
   23-9  board;
  23-10              (4)  the process to be used to appoint the board
  23-11  members, which must be consistent with applicable federal and state
  23-12  laws; and
  23-13              (5)  the terms of office of the members of the board.
  23-14        (c)  The chief elected officials shall consider the views of
  23-15  all affected local organizations prior to making a final decision
  23-16  regarding the formation of a local workforce development board,
  23-17  including the private industry councils and the quality workforce
  23-18  planning committees.
  23-19        (d)  Until the chief elected officials in a workforce
  23-20  development area are able to reach an agreement providing for the
  23-21  establishment of a local workforce development board and the board
  23-22  is certified by the governor, none of the powers and duties granted
  23-23  a workforce development board under this Act shall be exercised in
  23-24  that area.
  23-25        SECTION 6.02.  MEMBERSHIP OF THE BOARD.  (a)  The board shall
  23-26  be appointed by the chief elected officials consistent with the
  23-27  local government agreement and applicable federal and state laws.
   24-1  Board members shall serve for fixed and staggered terms and shall
   24-2  reflect the ethnic and geographic diversity of the workforce
   24-3  development area.  The board shall be composed as follows:
   24-4              (1)  representatives of the private sector, who shall
   24-5  constitute a majority of the membership of the board and who shall
   24-6  be owners of business concerns, chief executives or chief operating
   24-7  officers of nongovernmental employers, or other private sector
   24-8  executives who have substantial management or policy
   24-9  responsibilities;
  24-10              (2)  representatives of organized labor and
  24-11  community-based organizations, who shall constitute not less than
  24-12  15 percent of the membership of the board; and
  24-13              (3)  representatives of each of the following:
  24-14                    (A)  educational agencies, including secondary
  24-15  and postsecondary practitioners representing vocational education,
  24-16  which shall be representative of all educational agencies in the
  24-17  service delivery area;
  24-18                    (B)  vocational rehabilitation agencies;
  24-19                    (C)  public assistance agencies;
  24-20                    (D)  economic development agencies; and
  24-21                    (E)  the public employment service.
  24-22        (b)  The chairman of the board shall be selected from among
  24-23  members of the board who are representatives of the private sector.
  24-24        (c)  Private sector representatives on the board shall be
  24-25  selected from among individuals nominated by general-purpose
  24-26  business organizations after consulting with and receiving
  24-27  recommendations from other business organizations in the workforce
   25-1  development area.  The number of such nominations shall be at least
   25-2  150 percent of the number of individuals to be appointed under
   25-3  Subsection (a)(1) of this section.  Such nominations and the
   25-4  individuals selected from such nominations shall reasonably
   25-5  represent the industrial and demographic composition of the
   25-6  business community.  Whenever possible, at least one-half of such
   25-7  business and industry representatives shall be representatives of
   25-8  small business, including minority business.
   25-9        (d)  In this section:
  25-10              (1)  "General purpose business organizations" means
  25-11  organizations that admit to membership any for-profit business
  25-12  operating within the workforce development area.
  25-13              (2)  "Small business" means private for-profit
  25-14  enterprises employing 500 or fewer employees.
  25-15        (e)  The education representatives on the board shall be
  25-16  selected from among individuals nominated by regional or local
  25-17  educational agencies, vocational education institutions,
  25-18  institutions of higher education, including entities offering adult
  25-19  education, or general organizations of such institutions, within
  25-20  the workforce development area.
  25-21        (f)  The labor representatives on the board shall be selected
  25-22  from individuals recommended by recognized state and local labor
  25-23  federations.  If the state or local labor federation fails to
  25-24  nominate a sufficient number of individuals to meet the labor
  25-25  representation requirements of Subsection (a)(2) of this section,
  25-26  individual workers may be included on the council to complete the
  25-27  labor representation.
   26-1        (g)  The remaining members of the board shall be selected
   26-2  from individuals recommended by interested organizations.
   26-3        (h)  The board may create committees as needed to carry out
   26-4  its duties and responsibilities.  The board may create technical
   26-5  advisory groups composed of both council and noncouncil members to
   26-6  provide assistance as needed.
   26-7        (i)  Members of the board shall avoid the appearance of
   26-8  conflict of interest by recusing themselves on votes of the board
   26-9  directly affecting the funding of their organization or any
  26-10  organization that they represent.
  26-11        SECTION 6.03.  CERTIFICATION OF BOARD.  The governor shall
  26-12  certify a local workforce development board if the governor
  26-13  determines that its composition and appointments are consistent
  26-14  with applicable federal and state laws and requirements.  Such
  26-15  certification shall be made or denied within 30 days after the date
  26-16  on which a certification request is submitted to the governor.
  26-17  Until certified by the governor, none of the powers and duties
  26-18  granted a board under this Act shall be exercised in that workforce
  26-19  development area.
  26-20        SECTION 6.04.  FUNCTIONS OF BOARD.  The board shall be
  26-21  directly responsible and accountable to the commission for the
  26-22  planning and delivery of workforce development services in the
  26-23  workforce development area.  The board shall:
  26-24              (1)  serve as a single point of contact for local
  26-25  business to communicate their skill needs and influence the
  26-26  direction of workforce education and training programs in the
  26-27  workforce development area;
   27-1              (2)  develop a local plan for addressing the workforce
   27-2  development needs of the workforce development area that shall:
   27-3                    (A)  be responsive to the goals, objectives, and
   27-4  performance standards established by the governor;
   27-5                    (B)  target services to meet local needs,
   27-6  including the identification of industries and employers likely to
   27-7  employ workers who complete job training programs; and
   27-8                    (C)  ensure that the workforce development
   27-9  system, including the educational system, has the flexibility to
  27-10  meet the needs of local businesses;
  27-11              (3)  designate itself or some other entity as its
  27-12  fiscal agent to be responsible and accountable for the management
  27-13  of all workforce development funds available to the board;
  27-14              (4)  create local workforce development centers as
  27-15  established in Article 7;
  27-16              (5)  review and approve all vocational and technical
  27-17  training programs supported with federal or state funding to ensure
  27-18  that the training provided meets the needs of local businesses;
  27-19              (6)  review and approve plans for secondary and
  27-20  postsecondary vocational and technical education programs to be
  27-21  provided in the workforce development area;
  27-22              (7)  assume the functions and responsibilities of local
  27-23  workforce development advisory boards and councils authorized by
  27-24  federal or state laws, including but not limited to private
  27-25  industry councils, quality workforce planning committees, job
  27-26  service employer committees and local vocational program advisory
  27-27  committees as appropriate;
   28-1              (8)  monitor and evaluate the effectiveness of the
   28-2  workforce development centers, other contractors providing
   28-3  workforce development services for the board, and vocational and
   28-4  technical education programs operated by local education agencies
   28-5  and institutions of higher education;
   28-6              (9)  have the authority to increase or decrease the
   28-7  size of its membership consistent with applicable federal laws; and
   28-8              (10)  promote the cooperation and coordination among
   28-9  public organizations, community organizations, and private business
  28-10  providing workforce development services.
  28-11        SECTION 6.05.  BUDGET AND STAFFING.  The board shall
  28-12  establish a budget for itself that must be included in the local
  28-13  workforce development plan submitted to the Council for Workforce
  28-14  Competitiveness.  The board shall have such professional,
  28-15  technical, and support staff as necessary to carry out its
  28-16  strategic planning, oversight, and evaluation functions.  The board
  28-17  staff shall be separate from and independent of any organization
  28-18  providing education or workforce development services in the
  28-19  workforce development area.
  28-20        SECTION 6.06.  APPROVAL OF FISCAL AGENT.  The commission
  28-21  shall approve the fiscal agent selected by the local workforce
  28-22  development board prior to the disbursement of any federal or state
  28-23  workforce development funds to the board.  The commission's
  28-24  approval shall be based on an audit of the financial capability of
  28-25  the fiscal agent to assure that fiscal controls and fund accounting
  28-26  procedures as may be necessary to guarantee the proper disbursal of
  28-27  and accounting for federal and state funds are in place.
   29-1        SECTION 6.07.  CONTRACTING FOR SERVICE DELIVERY.  The local
   29-2  workforce development boards shall not be direct providers of
   29-3  client services.  The local board may request a waiver of this
   29-4  requirement from the Council for Workforce Competitiveness.  The
   29-5  request for such a waiver must include a detailed justification
   29-6  based on the lack of existing alternatives for delivery of client
   29-7  services in the workforce development area.
   29-8        SECTION 6.08.  INCENTIVES AND WAIVERS.  (a)  A local
   29-9  workforce development board certified by the governor is eligible
  29-10  for incentives and program waivers to promote and support
  29-11  integrated planning and delivery of workforce development services.
  29-12        (b)  Incentives, to the extent feasible under existing
  29-13  federal and state workforce development laws, shall include but not
  29-14  be limited to:
  29-15              (1)  priority for discretionary funding, including
  29-16  financial incentives for the consolidation of service delivery
  29-17  areas authorized under the federal Job Training Partnership Act;
  29-18  and
  29-19              (2)  block grants of formula allocated funding.
  29-20        (c)  The governor, in concert with the local workforce
  29-21  development boards, shall identify specific barriers to integrated
  29-22  service delivery at the local level, shall request waivers from
  29-23  existing federal and state regulations, and shall advocate for
  29-24  changes in federal and state laws to promote local service
  29-25  integration.
  29-26        SECTION 6.09.  SANCTIONS FOR NONPERFORMANCE.  (a)  The
  29-27  commission shall provide technical assistance to local workforce
   30-1  development areas failing to meet performance standards established
   30-2  under this Act and other applicable federal and state laws.  If a
   30-3  local workforce development area fails to meet such performance
   30-4  standards for two consecutive program years, the commission shall
   30-5  develop and impose a reorganization plan, which may include
   30-6  restructuring of the local workforce development board, prohibiting
   30-7  the use of designated service providers, and merging the local
   30-8  workforce development area with another such area.
   30-9        (b)  A local workforce development area that is the subject
  30-10  of a reorganization plan may, within 30 days of receiving notice of
  30-11  the plan, appeal to the governor to rescind or revise the plan.
  30-12        SECTION 6.10.  SANCTIONS FOR LACK OF FISCAL ACCOUNTABILITY.
  30-13  (a)  If, as a result of financial and compliance audits or
  30-14  otherwise, the commission determines that there is a substantial
  30-15  violation of a specific provision of this Act, or of other
  30-16  applicable federal and state laws and regulations, and corrective
  30-17  action has not been taken, the commission shall:
  30-18              (1)  issue a notice of intent to revoke all or part of
  30-19  the local plan affected;
  30-20              (2)  issue a notice of intent to immediately cease
  30-21  reimbursement of local program costs; or
  30-22              (3)  impose a reorganization plan for the local
  30-23  workforce development area.
  30-24        (b)  A local workforce development area that is the subject
  30-25  of a reorganization plan may, within 30 days of receiving notice of
  30-26  the plan, appeal to the governor to rescind or revise the plan.
  30-27        SECTION 6.11.  NONPROFIT STATUS; ABILITY TO SOLICIT FUNDS.
   31-1  (a)  Local workforce development boards may apply for and receive a
   31-2  charter as a private, nonprofit corporation under the laws of the
   31-3  State of Texas and may choose to be recognized as 501(c)(3)
   31-4  organizations under the Internal Revenue Code.
   31-5        (b)  In addition to receiving funds specified herein, the
   31-6  local workforce development boards may solicit additional funds
   31-7  from other sources, both public and private.  The board may not
   31-8  solicit nor may it accept monies from entities with whom the board
   31-9  contracts for the delivery of services.
  31-10                 ARTICLE 7.  THE LOCAL DELIVERY SYSTEM
  31-11        SECTION 7.01.  WORKFORCE DEVELOPMENT CENTERS.  The local
  31-12  workforce development board shall establish workforce development
  31-13  centers accessible to workers and employers throughout the
  31-14  workforce development area.  Each center shall provide access to
  31-15  the full array of information and services available in the
  31-16  workforce development area and shall address the individual needs
  31-17  of workers and employers.  Services available shall be tailored to
  31-18  individual needs and shall include but not be limited to the
  31-19  following:
  31-20              (1)  labor market information, including the skills of
  31-21  the area workforce, available job openings, and the education,
  31-22  training, and employment opportunities in the local area, in the
  31-23  state, and as feasible, in the nation;
  31-24              (2)  common intake and eligibility determination for
  31-25  all workforce development programs and services;
  31-26              (3)  independent assessment of individual needs and the
  31-27  development of an individual service strategy;
   32-1              (4)  centralized and continuous case management and
   32-2  counseling;
   32-3              (5)  individual referral for services such as basic
   32-4  education, classroom skills training, on-the-job training, and
   32-5  customized training; and
   32-6              (6)  supportive services, including child care, loans,
   32-7  and other forms of financial assistance required to participate in
   32-8  and complete training.
   32-9        SECTION 7.02.  RIGHT TO KNOW.  The local workforce
  32-10  development center shall provide each individual who participates
  32-11  in a vocational or technical training program with a written
  32-12  document that informs the person of the likelihood of employment
  32-13  and the wage level that the individual may expect on completion of
  32-14  the training.
  32-15                   ARTICLE 8.  TRANSITION PROVISIONS
  32-16        SECTION 8.01.  EFFECTIVE DATE; TRANSITION.  (a)  This Act
  32-17  takes effect June 1, 1993.
  32-18        (b)  The Texas Commission on Commerce and Labor, the Council
  32-19  for Economic Development, and the Council for Workforce
  32-20  Competitiveness shall be appointed and operational not later than
  32-21  September 1, 1993.
  32-22        (c)  The Texas Employment Commission is merged into the Texas
  32-23  Commission on Commerce and Labor on January 1, 1994.  Any reference
  32-24  in law to the Texas Employment Commission on or after that date
  32-25  means the Texas Commission on Commerce and Labor.
  32-26        (d)  The Texas Department of Commerce is merged into the
  32-27  Texas Commission on Commerce and Labor on January 1, 1994.  Any
   33-1  reference in law to the Texas Department of Commerce on or after
   33-2  that date means the Texas Commission on Commerce and Labor.
   33-3        SECTION 8.02.  TRANSITION OVERSIGHT COMMITTEE.  (a)  A
   33-4  transition oversight committee is created June 1, 1993.  The
   33-5  committee is composed of the following members:
   33-6              (1)  the chair of the Texas Employment Commission;
   33-7              (2)  the chair of the State Job Training Coordinating
   33-8  Council;
   33-9              (3)  the chair of the policy council of the Texas
  33-10  Department of Commerce;
  33-11              (4)  the chair of the State Board of Education;
  33-12              (5)  the chair of the Texas Higher Education
  33-13  Coordinating Board;
  33-14              (6)  the chair of the Texas Board of Human Services;
  33-15              (7)  the chair of the Texas Council on Vocational
  33-16  Education;
  33-17              (8)  the chair of the Texas Board on Aging;
  33-18              (9)  one member representing the general public to be
  33-19  appointed by the governor;
  33-20              (10)  one member representing the general public to be
  33-21  appointed by the lieutenant governor; and
  33-22              (11)  one member representing the general public to be
  33-23  appointed by the speaker of the house of representatives.
  33-24        (b)  All agencies affected by transfer are hereby directed to
  33-25  cooperate with the committee in formulating and implementing a
  33-26  transition plan and program.
  33-27        (c)  The committee shall develop and oversee the
   34-1  implementation of a plan that will carry out the full effect of
   34-2  this Act in an orderly fashion.  The committee shall prepare a
   34-3  written report relating to the transfer of workforce development
   34-4  programs to the Texas Commission on Commerce and Labor to be filed
   34-5  with the governor, the lieutenant governor, and the speaker of the
   34-6  house of representatives not later than September 1, 1993.
   34-7        (d)  The committee shall have the following duties and
   34-8  authority:
   34-9              (1)  power to appoint a full-time staff person with
  34-10  clerical support to assist in all duties and responsibilities of
  34-11  the commission;
  34-12              (2)  power to have staff transferred from state
  34-13  agencies to assist the committee in the implementation of its
  34-14  duties and responsibilities;
  34-15              (3)  power to require departments to develop transition
  34-16  programs and interim operating budgets as necessary for assuring
  34-17  orderly transition;
  34-18              (4)  power to adopt interim rules, regulations, and
  34-19  procedures consistent with the intent of this Act and the laws of
  34-20  the state.
  34-21        (e)  This section expires and the committee is abolished
  34-22  September 1, 1993.
  34-23        SECTION 8.03.  MISCELLANEOUS TRANSITION PROVISIONS.
  34-24  (a)  Effective September 1, 1993, the Texas Commission on Commerce
  34-25  and Labor shall serve as the State Board for Vocational Education.
  34-26  A reference in a law or rule of this state to the State Board of
  34-27  Vocational Education means the Texas Commission on Commerce and
   35-1  Labor.
   35-2        (b)  The chief elected officials of a workforce development
   35-3  area may apply for certification of a local workforce development
   35-4  board on or after January 1, 1995.  Chief elected officials may
   35-5  request a waiver to allow them to establish a local workforce
   35-6  development board before that date from the Council for Workforce
   35-7  Competitiveness.
   35-8        (c)  To provide some measure of continuity, the chief elected
   35-9  officials should consider appointing persons to the local workforce
  35-10  development boards who are serving or who have served previously on
  35-11  private industry councils, quality workforce planning boards, job
  35-12  service employer committees, and other such entities as are
  35-13  subsumed under this legislation.
  35-14        (d)  A local workforce development board established under
  35-15  this Act and certified by the governor shall establish local
  35-16  workforce development centers not later than the 270th day after
  35-17  the board was certified.
  35-18        (e)  A local workforce development board created under this
  35-19  Act is required to contract with the commission for the provision
  35-20  of employment service functions that were previously carried out at
  35-21  the local level by the Texas Employment Commission.  This
  35-22  subsection expires January 1, 1998.
  35-23        (f)  A local workforce development board shall not have
  35-24  authority to approve spending for secondary and postsecondary
  35-25  vocational and technical education programs until January 1, 1995.
  35-26        (g)  A local workforce development board shall not have
  35-27  authority over funds for adult basic education and literacy
   36-1  programs in the area served by the board until January 1, 1995.
   36-2        SECTION 8.04.  Emergency.  The importance of this legislation
   36-3  and the crowded condition of the calendars in both houses create an
   36-4  emergency and an imperative public necessity that the
   36-5  constitutional rule requiring bills to be read on three several
   36-6  days in each house be suspended, and this rule is hereby suspended,
   36-7  and that this Act take effect and be in force according to its
   36-8  terms, and it is so enacted.