1-1 By: Ellis, et al. S.B. No. 642
1-2 (In the Senate - Filed March 5, 1993; March 8, 1993, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 26, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; April 26, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Parker x
1-10 Lucio x
1-11 Ellis x
1-12 Haley x
1-13 Harris of Dallas x
1-14 Harris of Tarrant x
1-15 Leedom x
1-16 Madla x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 642 By: Ellis
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the consolidation of job training, employment, and
1-24 unemployment insurance programs and the development of an
1-25 integrated state and local delivery system serving all Texans;
1-26 merging the Texas Employment Commission into the Texas Commission
1-27 on Workforce Competitiveness created by this Act.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 ARTICLE 1. LEGISLATIVE FINDINGS
1-30 SECTION 1.01. LEGISLATIVE FINDINGS. The legislature finds
1-31 that:
1-32 (1) the economic future of this state and the
1-33 prosperity of its citizens depend on the ability of businesses in
1-34 this state to compete effectively in the world economy;
1-35 (2) a well-educated and highly trained workforce
1-36 provides businesses in this state with the competitive edge
1-37 critical for their success;
1-38 (3) the state's current workforce development effort
1-39 is a fragmented array of more than 21 separately funded and
1-40 administered education, job training, and employment programs
1-41 operated by seven separate state agencies;
1-42 (4) despite the best efforts of professionals and
1-43 volunteers who struggle every day to make those programs work and
1-44 serve the needs of their clients, this fragmented approach results
1-45 in the lack of clear accountability for results, duplication of
1-46 services, inappropriate training, and wasted resources;
1-47 (5) consolidating the various federal and state
1-48 programs into a single state-local delivery system will improve the
1-49 quality and effectiveness of services and provide businesses in
1-50 this state with an element critical to their success, a high
1-51 quality workforce; and
1-52 (6) empowering local business, labor, and community
1-53 leaders to take a more active role in their communities' economic
1-54 and workforce development will enhance the quality, efficiency, and
1-55 responsiveness of these programs.
1-56 SECTION 1.02. SHORT TITLE. Articles 2 through 7 of this Act
1-57 may be cited as the Workforce and Economic Competitiveness Act.
1-58 SECTION 1.03. APPLICATION OF SUNSET ACT. The Texas
1-59 Commission on Workforce Competitiveness is subject to Chapter 325,
1-60 Government Code (Texas Sunset Act). Unless continued in existence
1-61 as provided by that chapter, the commission is abolished September
1-62 1, 2001.
1-63 SECTION 1.04. DEFINITIONS. In this Act:
1-64 (1) "Commission" means the Texas Commission on
1-65 Workforce Competitiveness.
1-66 (2) "Human resource investment council" means a human
1-67 resource investment council under the Job Training Reform
1-68 Amendments Act of 1992 (Pub. L. No. 102-367, Section 701 et seq.).
2-1 (3) "Program year" means July 1 to June 30.
2-2 (4) "Workforce development" includes workforce
2-3 education programs and workforce training and services.
2-4 (5) "Workforce education" means articulated
2-5 career-path programs and the constituent courses of those programs
2-6 that lead to initial or continuing licensure or certification or
2-7 associate degree-level accreditation and that are subject to:
2-8 (A) initial and ongoing state approval or
2-9 regional or specialized accreditation;
2-10 (B) a formal state evaluation that provides the
2-11 basis for program continuation or termination;
2-12 (C) state accountability and performance
2-13 standards; and
2-14 (D) regional or statewide employer-driven labor
2-15 market demand documentation.
2-16 (6) "Workforce training and services" means training
2-17 and services programs that are not included within the definition
2-18 of workforce education.
2-19 ARTICLE 2. TEXAS COMMISSION ON WORKFORCE COMPETITIVENESS
2-20 SECTION 2.01. CREATION OF COMMISSION. The Texas Commission
2-21 on Workforce Competitiveness is created.
2-22 SECTION 2.02. PURPOSE OF COMMISSION. The commission is
2-23 created to consolidate the administration and delivery of federal
2-24 and state programs for workforce training and services. The
2-25 commission is responsible for:
2-26 (1) meeting the needs of business in this state for a
2-27 highly skilled and productive workforce;
2-28 (2) meeting the needs of the workers of this state for
2-29 education, skills training, and labor market information to enhance
2-30 the workers' employability and standard of living; and
2-31 (3) meeting the needs of the taxpayers of this state
2-32 to ensure that tax dollars are spent effectively and efficiently.
2-33 SECTION 2.03. JURISDICTION OF COMMISSION. (a) The
2-34 commission administers the following programs in this state:
2-35 (1) the Texas Job-Training Partnership Act (Article
2-36 4413(52), Vernon's Texas Civil Statutes) and its subsequent
2-37 amendments;
2-38 (2) postsecondary vocational and technical job
2-39 training programs that are not part of approved courses or programs
2-40 that lead to licensing, certification, or an associate degree under
2-41 Chapters 61, 108, 130, and 135, and Subchapter E, Chapter 88,
2-42 Education Code, and its subsequent amendments;
2-43 (3) adult education programs under Section 11.18,
2-44 Education Code, and its subsequent amendments;
2-45 (4) apprenticeship programs under Chapter 33,
2-46 Education Code, and its subsequent amendments;
2-47 (5) the trade adjustment assistance program under Part
2-48 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
2-49 seq.), and its subsequent amendments;
2-50 (6) the senior citizens employment program under
2-51 Chapter 101, Human Resources Code, and its subsequent amendments;
2-52 (7) the Texas Unemployment Compensation Act (Article
2-53 5221b-1 et seq., Vernon's Texas Civil Statutes) and its subsequent
2-54 amendments;
2-55 (8) the Texas child labor law (Article 5181.1,
2-56 Vernon's Texas Civil Statutes) and its subsequent amendments;
2-57 (9) the Texas payday law (Article 5155, Revised
2-58 Statutes) and its subsequent amendments;
2-59 (10) the public information program of the Texas
2-60 Minimum Wage Act of 1970 (Article 5159d, Vernon's Texas Civil
2-61 Statutes) and its subsequent amendments;
2-62 (11) literacy funds available to the state under the
2-63 National Literacy Act of 1991 (Pub. L. 102-73 et seq.); and
2-64 (12) the National and Community Service Act of 1990
2-65 (42 U.S.C. Section 12501 et seq.) and its subsequent amendments.
2-66 (b) To the extent allowable under federal law, the
2-67 commission shall administer:
2-68 (1) the job opportunities and basic skills program
2-69 under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
2-70 682), and its subsequent amendments; and
3-1 (2) the food stamp employment and training program
3-2 authorized under 7 U.S.C. Section 2015(d) and its subsequent
3-3 amendments.
3-4 SECTION 2.04. COMMISSION MEMBERSHIP. (a) The commission is
3-5 composed of three members:
3-6 (1) one of whom shall be a representative of labor;
3-7 (2) one of whom shall be a representative of
3-8 employers; and
3-9 (3) one of whom shall be impartial and shall represent
3-10 the public.
3-11 (b) The governor shall appoint the members without regard to
3-12 the race, creed, sex, disability, religion, or national origin of
3-13 the appointees.
3-14 SECTION 2.05. MEMBER RESTRICTIONS. (a) A member of the
3-15 commission may not engage in any other business, vocation, or
3-16 employment during the member's term on the commission.
3-17 (b) The public member of the commission may not be an
3-18 officer, employee, or paid consultant of a labor-oriented or
3-19 employer-oriented trade association while the member serves on the
3-20 commission.
3-21 SECTION 2.06. EFFECT OF LOBBYING ACTIVITY. A person who is
3-22 required to register as a lobbyist under Chapter 305, Government
3-23 Code, may not serve as a member of the commission while registered.
3-24 If the person ceases to engage in lobbying activity and files a
3-25 notice of termination as prescribed by Section 305.008, Government
3-26 Code, and its subsequent amendments, the person may serve as a
3-27 member of the commission or act as the general counsel to the
3-28 commission.
3-29 SECTION 2.07. TERMS; VACANCY. (a) Members of the
3-30 commission are appointed for staggered six-year terms, with one
3-31 member's term expiring on February 1 of each odd-numbered year.
3-32 (b) A member appointed to fill a vacancy shall hold office
3-33 for the remainder of that term.
3-34 SECTION 2.08. PRESIDING OFFICER. The member representing
3-35 the public is the presiding officer of the commission.
3-36 SECTION 2.09. REMOVAL OF COMMISSION MEMBERS. (a) It is a
3-37 ground for removal from the commission by impeachment that a
3-38 member:
3-39 (1) during any 60-day period, is absent from each
3-40 commission meeting for which the member received at least 48 hours'
3-41 notice;
3-42 (2) is unable to discharge the member's duties for the
3-43 remainder of the term for which the member was appointed because of
3-44 illness or other disability;
3-45 (3) is absent:
3-46 (A) from more than half of the regularly
3-47 scheduled meetings of the commission that the member is eligible to
3-48 attend during each calendar year;
3-49 (B) from more than half of the regularly
3-50 scheduled meetings of the Council on Workforce and Economic
3-51 Competitiveness that the member is eligible to attend during each
3-52 calendar year;
3-53 (4) violates a prohibition established by Section 2.05
3-54 or 2.06 of this Act; or
3-55 (5) fails to perform any of the duties established by
3-56 Section 2.10 of this Act.
3-57 (b) The validity of an action of the commission is not
3-58 affected by the fact that it was taken when a ground for the
3-59 removal of a member of the commission existed.
3-60 SECTION 2.10. GENERAL POWERS AND DUTIES. (a) The
3-61 commission shall:
3-62 (1) administer all programs and corresponding federal
3-63 and state legislation consolidated under the commission's authority
3-64 by this Act;
3-65 (2) determine its own organization and methods of
3-66 procedure in accordance with all applicable state and federal
3-67 legislation;
3-68 (3) promote the adoption of high skill, high
3-69 performance work organizations in this state;
3-70 (4) promote the development and adoption of a
4-1 business- and industry-driven skills standards and certification
4-2 system;
4-3 (5) implement workforce training and services policies
4-4 and programs consistent with recommendations from the Council on
4-5 Workforce and Economic Competitiveness;
4-6 (6) implement a statewide system for evaluating the
4-7 effectiveness of all workforce development programs using the
4-8 administrative records of the state's unemployment compensation
4-9 program and other sources as appropriate;
4-10 (7) support research and demonstration projects
4-11 designed to develop new programs and approaches to service
4-12 delivery;
4-13 (8) ensure standardized technical and skill-specific
4-14 curricula for all vocational and technical programs funded by state
4-15 and federal funds under the commission's jurisdiction;
4-16 (9) serve as an advocate at the state and federal
4-17 levels for the local workforce development boards;
4-18 (10) provide for a comprehensive labor market
4-19 information system serving employers, students, workers, and state
4-20 and local planning organizations;
4-21 (11) contract with local workforce development boards
4-22 for program planning and service delivery;
4-23 (12) provide training and professional development
4-24 services for commission staff, council members, and local workforce
4-25 development boards and their staff;
4-26 (13) provide technical assistance and support to local
4-27 workforce development boards;
4-28 (14) appoint an executive director; and
4-29 (15) perform other functions and duties as may be
4-30 required by law or assigned by the governor.
4-31 (b) The commission may:
4-32 (1) adopt rules, make expenditures, enter into
4-33 contracts with public, private, and nonprofit organizations,
4-34 require reports, conduct investigations, and take other action the
4-35 commission considers necessary or suitable to fulfill the
4-36 commission's administrative duties; and
4-37 (2) delegate to the executive director any power or
4-38 duty imposed on the commission by law, including the authority to
4-39 make final orders or decisions, except that the commission may not
4-40 delegate:
4-41 (A) the power or duty to adopt rules; and
4-42 (B) duties related to the approval and issuance
4-43 of bonds.
4-44 (c) The commission's administrative expenses may not exceed
4-45 12 percent of the commission's total budget.
4-46 SECTION 2.11. TRAINING FOR LOCAL WORKFORCE DEVELOPMENT BOARD
4-47 MEMBERS. (a) The commission shall provide management and board
4-48 development training for all members of local workforce development
4-49 boards. The training shall include information regarding the
4-50 importance of high quality workforces to the economic prosperity of
4-51 their communities and encourage board members to be advocates in
4-52 their communities for effective and efficient workforce development
4-53 programs. A member of a workforce development board must receive
4-54 the training under this section not later than the third month
4-55 after beginning service on a certified board or the member shall be
4-56 ineligible to continue serving on the board.
4-57 (b) Training may be provided directly by the commission or
4-58 by a third party that has demonstrated experience in providing
4-59 training to local workforce development or similar boards. The
4-60 quality of training shall be reviewed and appraised periodically by
4-61 the Council on Workforce and Economic Competitiveness.
4-62 (c) Local workforce development boards shall provide 25
4-63 percent of the costs for all members' management and board
4-64 development training.
4-65 SECTION 2.12. INTEGRATION OF PROGRAMS. (a) The commission
4-66 shall develop a plan for the eventual integration of the
4-67 administrative functions of the programs under the jurisdiction and
4-68 authority of the commission.
4-69 (b) The plan under Subsection (a) of this section shall
4-70 specify dates by which integration of the various functions must be
5-1 completed. To the extent possible, the plan shall rely on existing
5-2 state and available federal funds to ensure minimum disruption of
5-3 services.
5-4 (c) The plan under Subsection (a) of this section shall be
5-5 developed and submitted to the Council on Workforce and Economic
5-6 Competitiveness not later than January 1, 1995.
5-7 SECTION 2.13. EXECUTIVE DIRECTOR. The executive director of
5-8 the commission shall:
5-9 (1) perform the duties assigned by the commission and
5-10 state law;
5-11 (2) administer the day-to-day operations of the
5-12 agency;
5-13 (3) appoint and prescribe the powers and duties of all
5-14 officers, accountants, attorneys, experts, and other employees as
5-15 necessary in the performance of the commission's duties;
5-16 (4) delegate authority to persons appointed under this
5-17 section as the executive director considers reasonable and proper
5-18 for the effective administration of the commission; and
5-19 (5) bond any person that handles money or signs checks
5-20 for the commission.
5-21 SECTION 2.14. PERSONNEL POLICIES. (a) The executive
5-22 director shall develop an intra-agency career ladder program. The
5-23 program shall require the intra-agency posting of all
5-24 nonentry-level positions concurrently with any public posting.
5-25 (b) The executive director shall develop a system of annual
5-26 performance evaluations based on measurable job tasks. All merit
5-27 pay for commission employees must be based on the system
5-28 established under this subsection.
5-29 SECTION 2.15. TRAINING; STANDARDS OF CONDUCT INFORMATION.
5-30 (a) Each commission member shall comply with the member training
5-31 requirements established by any other state agency that is given
5-32 authority to establish the requirements for the commission.
5-33 (b) The executive director shall provide to the commission's
5-34 employees as often as is necessary information regarding their
5-35 qualifications under this article and their responsibilities under
5-36 applicable laws relating to standards of conduct for state officers
5-37 and employees.
5-38 SECTION 2.16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
5-39 (a) The executive director shall prepare and maintain a written
5-40 policy statement to ensure implementation of a program of equal
5-41 employment opportunity under which all personnel transactions are
5-42 made without regard to race, color, disability, sex, religion, age,
5-43 or national origin. The policy statement must include:
5-44 (1) personnel policies, including policies relating to
5-45 recruitment, evaluation, selection, appointment, training, and
5-46 promotion of personnel that are in compliance with the Commission
5-47 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
5-48 and its subsequent amendments;
5-49 (2) a comprehensive analysis of the commission's
5-50 workforce that meets federal and state guidelines;
5-51 (3) procedures by which a determination can be made of
5-52 significant underuse in the commission's workforce of all persons
5-53 for whom federal or state guidelines encourage a more equitable
5-54 balance; and
5-55 (4) reasonable methods to appropriately address those
5-56 areas of underuse.
5-57 (b) A policy statement under Subsection (a) of this section
5-58 must cover an annual period, be updated annually, be reviewed by
5-59 the Commission on Human Rights for compliance with Subsection
5-60 (a)(1) of this section, and be filed with the governor's office.
5-61 (c) The governor's office shall deliver a biennial report to
5-62 the legislature based on the information received under Subsection
5-63 (b) of this section. The report may be made separately or as part
5-64 of other biennial reports to the legislature.
5-65 SECTION 2.17. JOB PLACEMENT INFORMATION. (a) The
5-66 commission in cooperation with the Texas Higher Education
5-67 Coordinating Board shall establish and maintain an automated
5-68 student and adult learner follow-up system in conjunction with a
5-69 statewide job placement information system that uses the
5-70 unemployment insurance wage record tracking system maintained by
6-1 the commission. The system shall be used to assist the commission,
6-2 local workforce development boards, institution boards, the Texas
6-3 Higher Education Coordinating Board, and other agencies in
6-4 evaluating the labor market success and effectiveness of workforce
6-5 development programs in this state.
6-6 (b) Evaluation data included in the system under this
6-7 section shall include placement rates, wages paid, retention in
6-8 employment statistics, and the number of placements made that are
6-9 directly related to a job training program under this Act and other
6-10 factors, including pursuit of additional education.
6-11 (c) The commission may develop a method for collecting job
6-12 classification information to supplement data collected through the
6-13 unemployment insurance data collection system. The commission may
6-14 request employers, providers, and other appropriate sources to
6-15 provide employment and placement information to the commission.
6-16 (d) At least annually, the commission shall issue an
6-17 occupation-specific analysis by provider of the job placement
6-18 performance of each workforce education program for the previous
6-19 one-year, three-year, and five-year periods to:
6-20 (1) each provider of a workforce education program or
6-21 workforce training and services program;
6-22 (2) the Texas Higher Education Coordinating Board for
6-23 each provider of a workforce education program approved and
6-24 administered by the board; and
6-25 (3) each local workforce development board for each
6-26 provider of workforce training and services within the workforce
6-27 development area.
6-28 (e) The Texas Higher Education Coordinating Board shall use
6-29 the job placement information received under this section and other
6-30 information to:
6-31 (1) evaluate the effectiveness of workforce education
6-32 programs;
6-33 (2) determine whether a public or private workforce
6-34 education program is not effective in placing persons who
6-35 successfully complete the program in jobs related to the persons'
6-36 training; and
6-37 (3) determine whether to continue, expand, or
6-38 terminate a program established under Section 61.051, Education
6-39 Code, and its subsequent amendments.
6-40 (f) Each local workforce development board shall use the
6-41 information under this section and other information to determine
6-42 whether a specific workforce training and service program
6-43 administered by the local board is effective and whether to
6-44 continue or discontinue the training and service program.
6-45 ARTICLE 3. COUNCIL ON WORKFORCE AND ECONOMIC COMPETITIVENESS
6-46 SECTION 3.01. CREATION OF COUNCIL. (a) The Council on
6-47 Workforce and Economic Competitiveness is created as a state agency
6-48 to act as a human resources investment council.
6-49 (b) In this article, "council" means the Council on
6-50 Workforce and Economic Competitiveness.
6-51 SECTION 3.02. MEMBERSHIP OF COUNCIL. (a) The council shall
6-52 be appointed by the governor, who shall designate one of the
6-53 business representatives on the council to serve as presiding
6-54 officer. The membership shall reflect the ethnic and geographic
6-55 diversity of the state.
6-56 (b) The council shall be composed of:
6-57 (1) the following ex officio voting members:
6-58 (A) the commissioner of education;
6-59 (B) the commissioner of higher education;
6-60 (C) the commissioner of health and human
6-61 services;
6-62 (D) the executive director of the Texas
6-63 Department of Commerce; and
6-64 (E) the executive director of the Texas
6-65 Commission on Workforce Competitiveness;
6-66 (2) five voting members appointed by the governor who
6-67 represent education, at least one of whom represents local public
6-68 education, one of whom represents public postsecondary education,
6-69 and one of whom represents secondary or postsecondary vocational
6-70 education;
7-1 (3) seven voting members who represent organized labor
7-2 appointed by the governor based on recommendations made by
7-3 recognized labor organizations;
7-4 (4) seven voting members appointed by the governor who
7-5 represent business and industry on local workforce development
7-6 boards;
7-7 (5) one voting member appointed by the governor who
7-8 represents a community-based organization;
7-9 (6) one voting member appointed by the governor who
7-10 represents a joint sponsored apprenticeship program as defined by
7-11 the United States Department of Labor's Bureau of Apprenticeship
7-12 and Training appointed from a list of three nominees submitted to
7-13 the governor by the Apprenticeship and Training Association of
7-14 Texas;
7-15 (7) one voting member appointed by the governor who
7-16 represents a community-based adult literacy organization;
7-17 (8) one voting member appointed by the governor who
7-18 represents adult basic and continuing education programs;
7-19 (9) four voting members appointed by the governor each
7-20 of whom represent not more than one of the following categories:
7-21 (A) literacy groups;
7-22 (B) local welfare or public housing agencies;
7-23 (C) units of local government;
7-24 (D) adult education organizations;
7-25 (E) teachers or counselors;
7-26 (F) local service delivery organizations;
7-27 (G) special needs populations;
7-28 (H) rural and agricultural organizations;
7-29 (I) proprietary schools;
7-30 (J) members of the state legislature; and
7-31 (K) other groups and organizations; and
7-32 (10) the following ex officio nonvoting members:
7-33 (A) the chair of the State Board of Education;
7-34 (B) the chair of the Texas Higher Education
7-35 Coordinating Board;
7-36 (C) the presiding officer of the Texas Board of
7-37 Human Services;
7-38 (D) the presiding officer of the governing board
7-39 of the Texas Department of Commerce;
7-40 (E) the chair of the Texas Commission on
7-41 Workforce Competitiveness;
7-42 (F) the commissioner of the Texas Rehabilitation
7-43 Commission; and
7-44 (G) the executive director of the Texas
7-45 Commission for the Blind.
7-46 (c) The presiding officer of the council shall designate a
7-47 member of the council as assistant presiding officer to preside in
7-48 the absence of the presiding officer.
7-49 SECTION 3.03. MEETINGS; TERMS. (a) The council shall meet
7-50 at least quarterly and at other times at the call of the presiding
7-51 officer or as provided by rules adopted by the council.
7-52 (b) A member of the council who does not serve as an ex
7-53 officio member serves a six-year term, with one-third of those
7-54 members' terms expiring in each odd-numbered year. An ex officio
7-55 member shall continue to serve as a member of the council as long
7-56 as the member continues to serve in the designated office.
7-57 SECTION 3.04. DESIGNATED REPLACEMENTS. A member of the
7-58 council may designate another person to attend a meeting for the
7-59 member. The designated person may participate in the activities
7-60 and discussions of the council but may not vote.
7-61 SECTION 3.05. GROUNDS FOR REMOVAL FROM COUNCIL. (a) It is
7-62 a ground for removal from the council if a non-ex officio member:
7-63 (1) does not have at the time of appointment the
7-64 qualifications required by Section 3.02 of this Act;
7-65 (2) does not maintain during service on the council
7-66 the qualifications required by Section 3.02 of this Act;
7-67 (3) violates a prohibition established by Section 3.06
7-68 of this Act;
7-69 (4) cannot discharge the member's duties for a
7-70 substantial part of the term for which the member is appointed
8-1 because of illness or disability; or
8-2 (5) is absent from more than half of the regularly
8-3 scheduled council meetings that the member is eligible to attend
8-4 during a calendar year unless the absence is excused by a majority
8-5 vote of the council.
8-6 (b) The validity of an action of the council is not affected
8-7 by the fact that it is taken when a ground for removal of a council
8-8 member exists.
8-9 (c) If the executive director has knowledge that a potential
8-10 ground for removal exists, the executive director shall notify the
8-11 presiding officer of the council of the ground. The presiding
8-12 officer shall then notify the governor that a potential ground for
8-13 removal exists.
8-14 SECTION 3.06. EFFECT OF LOBBYING ACTIVITY. (a) A person
8-15 may not serve as a member of the council or act as the general
8-16 counsel to the council if the person is required to register as a
8-17 lobbyist under Chapter 305, Government Code, and its subsequent
8-18 amendments.
8-19 (b) If the person required to register as a lobbyist under
8-20 Subsection (a) of this section files a notice of termination as
8-21 provided by Section 305.008, Government Code, and its subsequent
8-22 amendments, the person may serve as a member of the council or act
8-23 as general counsel to the council.
8-24 SECTION 3.07. COUNCIL FUNCTIONS. (a) The council shall:
8-25 (1) promote the development of a well-educated, highly
8-26 skilled workforce in this state through literacy, adult basic
8-27 education, community education, and state-of-the-art occupational
8-28 skills education and training programs;
8-29 (2) serve as an advocate for the development of an
8-30 integrated workforce development system to provide quality services
8-31 addressing the needs of business and workers in this state;
8-32 (3) recommend to the governor an approach for
8-33 fostering the development of a business-driven and industry-driven
8-34 skills standards and certification system for occupations requiring
8-35 less than a baccalaureate-level education and training;
8-36 (4) promote the development of high productivity
8-37 workplaces in this state;
8-38 (5) recommend to the governor the components of a
8-39 school and training-to-work transition process;
8-40 (6) develop and recommend to the governor a plan to
8-41 ensure client accessibility to workforce programs that includes a
8-42 uniform statewide client application system for determining an
8-43 applicant's eligibility for a workforce program for which state or
8-44 federal financial assistance is available;
8-45 (7) recommend to the governor the designation of
8-46 workforce development areas for the local planning and delivery of
8-47 workforce development programs;
8-48 (8) develop and recommend to the governor, in concert
8-49 with the Texas Department of Commerce, a strategic plan for the
8-50 state's economic and workforce development effort;
8-51 (9) design and implement a state-local planning
8-52 process for developing goals, objectives, and performance standards
8-53 for the state's workforce training and services programs;
8-54 (10) recommend to the governor the goals, objectives,
8-55 and performance standards to guide and evaluate the workforce
8-56 development programs of all agencies represented on the council;
8-57 (11) review local workforce development plans and make
8-58 recommendations to the governor for approval;
8-59 (12) recommend to the governor new programs and
8-60 delivery systems to improve the efficiency and effectiveness of the
8-61 state's workforce development initiatives;
8-62 (13) review the state's education, workforce
8-63 development, and human services programs and systems and make
8-64 recommendations to the governor regarding opportunities for
8-65 coordination that would improve the quality of services with
8-66 immediate attention to standardizing intake, eligibility,
8-67 assessment, case management, and referral for participants in
8-68 workforce development programs;
8-69 (14) monitor and evaluate the operation and results of
8-70 the state's workforce development programs to assess the degree to
9-1 which the programs are effective in achieving state and local
9-2 goals; and
9-3 (15) carry out the federal and state mandated duties
9-4 and responsibilities for all advisory councils under applicable
9-5 federal and state workforce development programs that are
9-6 consolidated under the commission.
9-7 (b) The council shall assume the duty to:
9-8 (1) develop, with the assistance of the appropriate
9-9 state agencies, and recommend to the governor state plans required
9-10 by applicable federal laws in order for the state to receive
9-11 federal funds;
9-12 (2) make policy recommendations to the governor
9-13 regarding goals and priorities for both formula and discretionary
9-14 funds for all applicable programs;
9-15 (3) participate directly in the development of the
9-16 master plan for vocational education, as required by law, and
9-17 recommend the plan to the State Board of Education, the Texas
9-18 Higher Education Coordinating Board, and the governor;
9-19 (4) ensure that general revenue funds previously
9-20 available to the Texas Literacy Council are used to support the
9-21 efforts of local literacy councils in a manner consistent with the
9-22 state strategic plan;
9-23 (5) recommend to the State Board of Vocational
9-24 Education the division of federal funds between secondary and
9-25 postsecondary educational agencies under the Carl D. Perkins
9-26 Vocational and Applied Technology Education Act (20 U.S.C. Section
9-27 2301 et seq.) and its subsequent amendments; and
9-28 (6) make recommendations as appropriate to the
9-29 commission and its members regarding unemployment insurance issues
9-30 pertinent to the work of the council.
9-31 (c) In addition to the council's powers and duties under
9-32 Subsections (a) and (b) of this section, the council may:
9-33 (1) adopt rules necessary and essential to the
9-34 internal functions and duties of the council but not rules related
9-35 to the operation of a workforce development program;
9-36 (2) make expenditures, enter into contracts with
9-37 public, private, and non-profit organizations or agencies, require
9-38 reports to be made, conduct investigations, and take other actions
9-39 necessary or suitable to fulfill the council's duties under this
9-40 Act;
9-41 (3) delegate to the executive director any power or
9-42 duty imposed on the council by law, including the authority to make
9-43 a final order or decision but not including the authority to adopt
9-44 rules;
9-45 (4) provide for the mediation or arbitration of
9-46 disputes between agencies that perform functions for federal
9-47 programs as provided by this Act;
9-48 (5) accept gifts, grants, and donations of money,
9-49 goods, or services to be used only to accomplish the council's
9-50 duties under this Act; and
9-51 (6) share employees with another state agency.
9-52 SECTION 3.08. SUBCOMMITTEES; TECHNICAL ADVISORY COMMITTEES.
9-53 (a) The presiding officer of the council may appoint subcommittees
9-54 consisting of members of the council for any purpose consistent
9-55 with the duties and responsibilities of the council under this Act.
9-56 (b) The presiding officer of the council may appoint
9-57 technical advisory committees composed of council members or
9-58 persons who are not council members, or both members and
9-59 non-members.
9-60 SECTION 3.09. TRANSFER OF STATE ADVISORY COUNCIL
9-61 RESPONSIBILITIES. (a) The council shall assume the
9-62 responsibilities assigned to the state advisory council under the
9-63 following federal laws:
9-64 (1) the Job Training Partnership Act (29 U.S.C.
9-65 Section 1501 et seq.) and its subsequent amendments;
9-66 (2) the Carl D. Perkins Vocational and Applied
9-67 Technology Education Act (20 U.S.C. Section 2301 et seq.) and its
9-68 subsequent amendments;
9-69 (3) the National and Community Service Act of 1990 (42
9-70 U.S.C. Section 12501 et seq.) and its subsequent amendments;
10-1 (4) the Adult Education Act (20 U.S.C. Section 1201 et
10-2 seq.) and its subsequent amendments;
10-3 (5) the Wagner-Peyser Act (29 U.S.C. Section 49 et
10-4 seq.) and its subsequent amendments;
10-5 (6) Part F, Subchapter IV, Social Security Act (42
10-6 U.S.C. Section 681 et seq.), and its subsequent amendments;
10-7 (7) the employment program established under Section
10-8 6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)), and
10-9 its subsequent amendments; and
10-10 (8) the National Literacy Act of 1991 (Pub. L. 102-73
10-11 et seq.) and its subsequent amendments.
10-12 (b) The council shall assume the responsibilities formerly
10-13 exercised by the following state advisory councils:
10-14 (1) the State Job Training Coordinating Council;
10-15 (2) the Texas Council on Vocational Education;
10-16 (3) the technical advisory committee to the State
10-17 Occupational Information Coordinating Council;
10-18 (4) the Texas Literacy Council; and
10-19 (5) the Apprenticeship and Training Advisory
10-20 Committee.
10-21 SECTION 3.10. FISCAL AGENT. The council may designate
10-22 another state agency to serve as the council's fiscal agent if the
10-23 designated agent agrees to the designation.
10-24 SECTION 3.11. EXECUTIVE DIRECTOR; COUNCIL STAFF. (a) The
10-25 presiding officer of the council shall appoint an executive
10-26 director for the council.
10-27 (b) The executive director shall:
10-28 (1) report to the presiding officer of the council;
10-29 (2) perform duties assigned by the council and under
10-30 state law;
10-31 (3) administer the day-to-day operations of the
10-32 council;
10-33 (4) appoint officers, accountants, attorneys, experts,
10-34 and other employees for the council and assign duties for these
10-35 employees as necessary in the performance of the council's powers
10-36 and duties under this Act;
10-37 (5) delegate authority to persons appointed under this
10-38 section as the executive director considers to be reasonable and
10-39 proper for the effective administration of the council; and
10-40 (6) perform other duties assigned by this Act.
10-41 (c) The executive director may adopt the administrative and
10-42 personnel procedures of the council's fiscal agent rather than
10-43 adopting new procedures for the council.
10-44 (d) The council shall have an independent staff with
10-45 sufficient expertise to perform all duties and responsibilities
10-46 assigned to the council under this Act and under state and federal
10-47 law. The staff of the council may be supplemented by staff from
10-48 other state agencies who are temporarily assigned to assist with
10-49 special projects.
10-50 (e) The executive director of the State Occupational
10-51 Information Coordinating Council shall report to the executive
10-52 director of the council and shall provide labor market information,
10-53 information relevant to workforce program evaluation, and staff
10-54 technical assistance to the council and its staff as necessary.
10-55 The executive director of the State Occupational Information
10-56 Coordinating Council may enter into contracts for products and
10-57 services with State Occupational Information Coordinating Council
10-58 membership agencies and other organizations if consistent with the
10-59 state strategic plan.
10-60 SECTION 3.12. PERSONNEL POLICIES. (a) The executive
10-61 director of the council shall develop an intra-agency career ladder
10-62 program. The program shall require the intra-agency posting of all
10-63 nonentry-level positions concurrently with any public posting.
10-64 (b) The executive director shall develop a system of annual
10-65 performance evaluations based on measurable job tasks. All merit
10-66 pay for council employees must be based on the system established
10-67 under this subsection.
10-68 SECTION 3.13. TRAINING; STANDARDS OF CONDUCT INFORMATION.
10-69 (a) Each council member shall comply with the member training
10-70 requirements established by any other state agency that is given
11-1 authority to establish the requirements for the council.
11-2 (b) The executive director shall provide to the council's
11-3 members and employees, as often as necessary, information regarding
11-4 their qualifications for office or employment under this Act and
11-5 their responsibilities under applicable laws relating to standards
11-6 of conduct for state officers and employees.
11-7 SECTION 3.14. EQUAL EMPLOYMENT OPPORTUNITY POLICIES.
11-8 (a) The executive director shall prepare and maintain a written
11-9 policy statement to assure implementation of a program of equal
11-10 employment opportunity under which all personnel transactions are
11-11 made without regard to race, color, disability, sex, religion, age,
11-12 or national origin. The policy statement must include:
11-13 (1) personnel policies, including policies relating to
11-14 recruitment, evaluation, selection, application, training, and
11-15 promotion of personnel that are in compliance with the Commission
11-16 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
11-17 and its subsequent amendments;
11-18 (2) a comprehensive analysis of the council's
11-19 workforce that meets federal and state guidelines;
11-20 (3) procedures by which a determination can be made of
11-21 significant underuse in the council's workforce of all persons for
11-22 whom federal or state guidelines encourage a more equitable
11-23 balance; and
11-24 (4) reasonable methods to appropriately address those
11-25 areas of underuse.
11-26 (b) A policy statement under Subsection (a) of this section
11-27 must cover an annual period, be updated annually, be reviewed by
11-28 the Commission on Human Rights for compliance with Subsection
11-29 (a)(1) of this section, and be filed with the governor's office.
11-30 (c) The governor's office shall deliver a biennial report to
11-31 the legislature based on the information received under Subsection
11-32 (b) of this section. The report may be made separately or as part
11-33 of other biennial reports to the legislature.
11-34 SECTION 3.15. COUNCIL RECOMMENDATIONS; COOPERATION WITH
11-35 STATE AGENCIES. (a) The council shall develop recommendations
11-36 periodically in each of the council's areas of responsibility and
11-37 shall submit the recommendations to the governor.
11-38 (b) The governor shall consider the recommendations
11-39 submitted under this section. The governor shall approve,
11-40 disapprove, or modify the recommendations and return the
11-41 recommendations to the council to be forwarded as appropriate or
11-42 forward an approved or modified recommendation without returning
11-43 the recommendation to the council. An approved or modified
11-44 recommendation shall be forwarded to the appropriate agency for
11-45 implementation. A recommendation that is approved or modified that
11-46 requires a change in state or federal law shall be forwarded to the
11-47 appropriate legislative body for consideration.
11-48 (c) A recommendation that is not approved, disapproved, or
11-49 modified by the governor before the 90th day after the date the
11-50 recommendation is submitted shall be considered to be approved by
11-51 the governor.
11-52 (d) State agencies that are responsible for the
11-53 administration of human resources and workforce development
11-54 programs in this state shall implement the recommendations to the
11-55 extent possible.
11-56 (e) A state agency shall:
11-57 (1) provide requested information to the council in a
11-58 timely manner;
11-59 (2) report on the implementation of the council's
11-60 recommendations at the time and in the format requested by the
11-61 council; and
11-62 (3) notify the governor, the executive director, and
11-63 the presiding officer of the council if the agency determines that
11-64 a recommendation cannot be implemented.
11-65 (f) A recommendation approved by the governor with regard to
11-66 the state or federal Job Training Partnership Act (29) U.S.C.
11-67 Section 1501 et seq.) shall be implemented by the agency
11-68 responsible for the administration of that Act as required by
11-69 federal law.
11-70 SECTION 3.16. STRATEGIC PLAN. (a) In addition to the other
12-1 requirements of this Act, the strategic plan recommended by the
12-2 council shall recognize and address literacy and basic education as
12-3 activities that are critical to the well-being of individuals and
12-4 the state without regard to whether the training and education is
12-5 directed at preparing an individual for employment.
12-6 (b) The strategic plan shall include goals, objectives, and
12-7 performance measures for all economic and workforce development
12-8 programs that are represented on the council.
12-9 (c) On approval of the plan by the governor, an agency
12-10 represented on the council shall use the strategic plan to develop
12-11 the agency's operational plan.
12-12 SECTION 3.17. FUNDING. (a) Federal funding for the
12-13 operation of the council shall be allocated according to federal
12-14 requirements.
12-15 (b) A state agency represented on the council shall provide
12-16 funds for the support of the council in proportion to the agency's
12-17 financial participation in the workforce development system. The
12-18 legislature shall appropriate funds to the council on the basis of
12-19 this subsection.
12-20 ARTICLE 4. DESIGNATION OF WORKFORCE DEVELOPMENT AREAS
12-21 SECTION 4.01. DESIGNATION OF WORKFORCE DEVELOPMENT AREAS.
12-22 (a) The governor shall, after receiving the recommendations of the
12-23 Council on Workforce and Economic Competitiveness, publish a
12-24 proposed designation of local workforce development areas for the
12-25 planning and delivery of workforce development services, each of
12-26 which:
12-27 (1) is composed of more than one contiguous unit of
12-28 general local government, that includes at least one county;
12-29 (2) is consistent with either a local labor market
12-30 area, a metropolitan statistical area, one of the 24 substate
12-31 planning areas, or one of the 10 uniform state service regions; and
12-32 (3) is of sufficient size to have the administrative
12-33 resources necessary to provide for the effective planning,
12-34 management, and delivery of workforce development services.
12-35 (b) Units of general local government, business and labor
12-36 organizations, and other affected persons and organizations shall
12-37 have an opportunity to comment on the proposed designation of a
12-38 workforce development area and to request revisions of the
12-39 designation.
12-40 (c) The governor, after considering all comments and
12-41 requests for changes, shall make the final designation of workforce
12-42 development areas. The governor may redesignate workforce
12-43 development areas not more than once every two years. A
12-44 redesignation must be made not later than four months before the
12-45 beginning of a program year.
12-46 ARTICLE 5. LOCAL WORKFORCE DEVELOPMENT BOARDS
12-47 SECTION 5.01. CREATION OF LOCAL WORKFORCE DEVELOPMENT
12-48 BOARDS. (a) The chief elected officials in a workforce
12-49 development area designated by the governor under Section 4.01 of
12-50 this Act may form, in accordance with rules established by the
12-51 commission, a local workforce development board to plan and oversee
12-52 the delivery of all workforce training and services programs and
12-53 evaluate all workforce development programs in the workforce
12-54 development area.
12-55 (b) On agreement regarding the formation of a local
12-56 workforce development board, the chief elected officials shall
12-57 reduce the agreement to writing. The local government agreement
12-58 shall include:
12-59 (1) the purpose for the agreement;
12-60 (2) the process that will be used to select the chief
12-61 elected official who will act on behalf of the other chief elected
12-62 officials;
12-63 (3) the initial size of the local workforce
12-64 development board;
12-65 (4) the process to be used to appoint the board
12-66 members, which must be consistent with applicable federal and state
12-67 laws; and
12-68 (5) the terms of office of the members of the board.
12-69 (c) The chief elected officials shall consider the views of
12-70 all affected local organizations, including private industry
13-1 councils and quality workforce planning committees, before making a
13-2 final decision regarding the formation of a local workforce
13-3 development board.
13-4 (d) None of the powers and duties granted a workforce
13-5 development board under this Act may be exercised in a workforce
13-6 development area until the chief elected officials in that area
13-7 reach an agreement providing for the establishment of a local
13-8 workforce development board and the board is certified by the
13-9 governor.
13-10 (e) A private industry council in an area in which a local
13-11 workforce development board is not created or in which the chief
13-12 elective officers are unable to negotiate the establishment of a
13-13 local workforce development board may not exercise any of the
13-14 powers granted a local workforce development board by this Act.
13-15 SECTION 5.02. LOCAL BOARD MEMBERSHIP. (a) A local
13-16 workforce development board is appointed by the chief elected
13-17 officials consistent with the local government agreement and
13-18 applicable federal and state laws. Board members serve fixed and
13-19 staggered terms as provided by the agreement or applicable federal
13-20 or state laws and may continue to serve until successors are
13-21 appointed. Board membership shall reflect the ethnic and
13-22 geographic diversity of the workforce development area. A board is
13-23 composed as follows:
13-24 (1) representatives of the private sector, who shall
13-25 constitute a majority of the membership of the board and who are
13-26 owners of business concerns, chief executives or chief operating
13-27 officers of nongovernmental employers, or other private sector
13-28 executives who have substantial management or policy
13-29 responsibilities;
13-30 (2) representatives of organized labor and
13-31 community-based organizations, who shall constitute not less than
13-32 15 percent of the membership of the board; and
13-33 (3) representatives of each of the following:
13-34 (A) educational agencies, including secondary
13-35 and postsecondary practitioners representing vocational education,
13-36 that are representative of all educational agencies in the service
13-37 delivery area;
13-38 (B) vocational rehabilitation agencies;
13-39 (C) public assistance agencies;
13-40 (D) economic development agencies;
13-41 (E) the public employment service;
13-42 (F) local literacy councils; and
13-43 (G) adult basic and continuing education
13-44 organizations.
13-45 (b) The chairman of the board shall be selected from among
13-46 the members of the board who represent the private sector.
13-47 (c) Private sector representatives on the board shall be
13-48 selected from among individuals nominated by general-purpose
13-49 business organizations after consulting with and receiving
13-50 recommendations from other business organizations in the workforce
13-51 development area. The number of the nominations shall be at least
13-52 150 percent of the number of individuals to be appointed under
13-53 Subsection (a)(1) of this section. The nominations and the
13-54 individuals selected from the nominations must reasonably represent
13-55 the industrial and demographic composition of the business
13-56 community. If possible, at least one-half of the business and
13-57 industry representatives shall be representatives of small
13-58 business, including minority business.
13-59 (d) In this section:
13-60 (1) "general purpose business organization" means an
13-61 organization that admits to membership any for-profit business
13-62 operating within the workforce development area; and
13-63 (2) "small business" means a private for-profit
13-64 enterprise employing not more than 500 employees.
13-65 (e) The education representatives on the board shall be
13-66 selected from among individuals nominated by regional or local
13-67 educational agencies, vocational education institutions,
13-68 institutions of higher education, including entities offering adult
13-69 education, and general organizations of the institutions within
13-70 the workforce development area.
14-1 (f) The labor representatives on the board shall be selected
14-2 from individuals recommended by recognized state and local labor
14-3 federations. If a state or local labor federation fails to
14-4 nominate a sufficient number of individuals to meet the labor
14-5 representation requirements of Subsection (a)(2) of this section,
14-6 individual workers may be included on the council to complete the
14-7 labor representation.
14-8 (g) The remaining members of the board shall be selected
14-9 from individuals recommended by interested organizations.
14-10 (h) The board may create committees as needed to carry out
14-11 its duties and responsibilities. The board may create technical
14-12 advisory groups composed of both council and noncouncil members to
14-13 provide assistance as needed.
14-14 (i) Members of the board shall avoid the appearance of
14-15 conflict of interest by recusing themselves on votes of the board
14-16 directly affecting the funding of their organization or any
14-17 organization that they represent.
14-18 SECTION 5.03. CERTIFICATION OF BOARD. The governor shall
14-19 certify a local workforce development board if the governor
14-20 determines that the board's composition and appointments are
14-21 consistent with applicable federal and state laws and requirements.
14-22 Certification shall be made or denied not later than the 30th day
14-23 after the date a certification request is submitted to the
14-24 governor. None of the powers and duties granted a board under this
14-25 Act shall be exercised in a workforce development area until the
14-26 board is certified by the governor.
14-27 SECTION 5.04. FUNCTIONS OF BOARD. (a) A board is directly
14-28 responsible and accountable to the commission for the planning and
14-29 delivery of workforce training and services in the workforce
14-30 development area. A workforce development board shall insure
14-31 effective outcomes as evidenced by performance measures and other
14-32 quality control and evaluation measures implemented by the board.
14-33 The commission shall assist workforce development boards in
14-34 designing effective measures to accomplish this responsibility.
14-35 (b) A board shall:
14-36 (1) serve as a single point of contact for local
14-37 business to communicate their skill needs and influence the
14-38 direction of workforce education and training programs in the
14-39 workforce development area;
14-40 (2) develop a local plan for addressing the workforce
14-41 development needs of the workforce development area that:
14-42 (A) is responsive to the goals, objectives, and
14-43 performance standards established by the governor;
14-44 (B) targets services to meet local needs,
14-45 including the identification of industries and employers likely to
14-46 employ workers who complete job training programs; and
14-47 (C) ensures that the workforce development
14-48 system, including the educational system, has the flexibility to
14-49 meet the needs of local businesses;
14-50 (3) designate the board or some other entity as the
14-51 board's fiscal agent to be responsible and accountable for the
14-52 management of all workforce development funds available to the
14-53 board;
14-54 (4) create local workforce development centers as
14-55 established in Article 6 of this Act;
14-56 (5) review plans for workforce education to ensure
14-57 that the plans address the needs of local businesses;
14-58 (6) assume the functions and responsibilities of local
14-59 workforce development advisory boards and councils authorized by
14-60 federal or state laws, including private industry councils, quality
14-61 workforce planning committees, job service employer committees, and
14-62 local vocational program advisory committees as appropriate;
14-63 (7) monitor and evaluate the effectiveness of the
14-64 workforce development centers, other contractors providing
14-65 workforce development services for the board, and vocational and
14-66 technical education programs operated by local education agencies
14-67 and institutions of higher education;
14-68 (8) have the authority to increase or decrease the
14-69 size of the board's membership consistent with applicable federal
14-70 laws;
15-1 (9) promote cooperation and coordination among public
15-2 organizations, community organizations, and private business
15-3 providing workforce development services; and
15-4 (10) review applications as consistent with rules
15-5 developed by the Texas Department of Commerce for funds under the
15-6 smart jobs fund program under Subchapter J, Chapter 481, Government
15-7 Code. The board may provide relevant labor market information and
15-8 information regarding the availability of existing workforce
15-9 development programs to the department.
15-10 SECTION 5.05. EMPLOYER-DRIVEN NEEDS ASSESSMENT. (a) A
15-11 board shall establish and operate an automated, interactive
15-12 employer-driven labor market information system to identify
15-13 occupation-specific labor demand in each workforce development
15-14 area.
15-15 (b) A board shall periodically provide a report summarizing
15-16 occupation-specific labor demand to each public postsecondary
15-17 institution providing vocational and technical education in a
15-18 workforce development area.
15-19 (c) If a need is identified in the availability of workforce
15-20 education as indicated by the labor market information system
15-21 provided by the board, by a direct request of employers located in
15-22 the workforce area, or as the result of an economic development
15-23 incentive package designed to attract or retain an employer, the
15-24 institution shall apply within 30 days to the Texas Higher
15-25 Education Coordinating Board for approval to offer the needed
15-26 workforce education. The coordinating board shall give immediate
15-27 priority to the institution's application and shall notify the
15-28 institution of the board's approval or disapproval not later than
15-29 the 100th day after the date the application is received.
15-30 (d) If more than one institution in a workforce development
15-31 area applies under Subsection (c) of this section to provide the
15-32 needed workforce education, the Texas Higher Education Coordinating
15-33 Board shall select one or more institutions to offer the needed
15-34 education as provided by Section 61.051, Education Code, and its
15-35 subsequent amendments.
15-36 (e) A local workforce development board may solicit other
15-37 qualified providers to apply to the coordinating board to provide
15-38 needed education to be funded through state-appropriated formula
15-39 funds if an institution approved by the Texas Higher Education
15-40 Coordinating Board does not offer the approved workforce education
15-41 in a timely manner.
15-42 (f) A public community college shall promptly provide
15-43 workforce training and services that are requested:
15-44 (1) by the workforce development board based on the
15-45 board's labor demand information system for the area;
15-46 (2) by employers located in the college's taxing
15-47 district when the request is presented directly to the college by
15-48 the employers or through the workforce development board; or
15-49 (3) as part of an economic development incentive
15-50 package designed to attract or retain an employer, including a
15-51 package offered under the smart jobs fund program under Subchapter
15-52 J, Chapter 481, Government Code, and its subsequent amendments.
15-53 (g) An institution of higher education that has local taxing
15-54 authority and is governed by a locally elected board of trustees is
15-55 the primary provider of local workforce training and services that
15-56 are needed by an employer within the taxing district and funded
15-57 fully or in part by local funds, except in Cameron, McLennan, and
15-58 Potter counties, or by technical vocational funds administered by
15-59 the commission. A local workforce development board shall select
15-60 another qualified local or statewide provider if the local
15-61 institution does not promptly provide locally needed workforce
15-62 training and services.
15-63 (h) This section does not prohibit an institution of higher
15-64 education from offering workforce education or workforce training
15-65 and services that:
15-66 (1) are needed by an employer located in the college's
15-67 taxing district and that meet all applicable standards; or
15-68 (2) have been approved under applicable law and that
15-69 are reviewed by the Texas Higher Education Coordinating Board.
15-70 (i) This Act may not be interpreted to restrict a person's
16-1 authority to contract for the provision of workforce education or
16-2 workforce training and services that are provided without state or
16-3 federal funds.
16-4 SECTION 5.06. LIST OF PUBLICLY FUNDED PROGRAMS AND CLASSES.
16-5 (a) A local education agency and public or private postsecondary
16-6 educational institution shall provide the local workforce
16-7 development board a list of all vocational-technical programs and
16-8 classes the agency or institution offers that are funded by state
16-9 or federal funds.
16-10 (b) A local workforce development board, with the assistance
16-11 of the demand occupation list developed by the board, shall
16-12 evaluate the supply of vocational-technical programs in relation to
16-13 the demand for the programs and report any discrepancies between
16-14 supply and demand to the appropriate educational institution, the
16-15 Central Education Agency, the Texas Higher Education Coordinating
16-16 Board, the Council on Workforce and Economic Competitiveness, and
16-17 the Legislative Budget Board.
16-18 SECTION 5.07. BUDGET AND STAFFING. A board shall establish
16-19 a budget for the board that must be included in the local workforce
16-20 development plan submitted to the Council on Workforce and Economic
16-21 Competitiveness. A board may employ professional, technical, and
16-22 support staff as necessary to carry out its strategic planning,
16-23 oversight, and evaluation functions. A board's staff shall be
16-24 separate from and independent of any organization providing
16-25 education or workforce development services in the workforce
16-26 development area.
16-27 SECTION 5.08. APPROVAL OF FISCAL AGENT. The commission must
16-28 approve the fiscal agent selected by a local workforce development
16-29 board before the disbursement of any federal or state workforce
16-30 development funds to the board. The commission's approval shall be
16-31 based on an audit of the financial capability of the fiscal agent
16-32 to assure that fiscal controls and fund accounting procedures
16-33 necessary to guarantee the proper disbursal of and accounting for
16-34 federal and state funds are in place.
16-35 SECTION 5.09. CONTRACTING FOR SERVICE DELIVERY. (a) A
16-36 local workforce development board may not be a direct provider of
16-37 client services. A board may request a waiver of this requirement
16-38 from the Council on Workforce and Economic Competitiveness. The
16-39 request for a waiver must include a detailed justification based on
16-40 the lack of an existing qualified alternative for delivery of
16-41 client services in the workforce development area.
16-42 (b) If a board receives a waiver to provide direct client
16-43 services, the evaluation of results and outcomes is provided by the
16-44 commission.
16-45 SECTION 5.10. INCENTIVES AND WAIVERS. (a) A local
16-46 workforce development board certified by the governor is eligible
16-47 for incentives and program waivers to promote and support
16-48 integrated planning and delivery of workforce development services.
16-49 (b) Incentives, to the extent feasible under existing
16-50 federal and state workforce development laws, include:
16-51 (1) priority for discretionary funding, including
16-52 financial incentives for the consolidation of service delivery
16-53 areas authorized under the federal Job Training Partnership Act (29
16-54 U.S.C. Section 1501 et seq.); and
16-55 (2) block grants of formula allocated funding.
16-56 (c) The governor, in concert with the Council on Workforce
16-57 and Economic Competitiveness and the local workforce development
16-58 boards, shall:
16-59 (1) identify specific barriers to integrated service
16-60 delivery at the local level;
16-61 (2) request waivers from existing federal and state
16-62 regulations; and
16-63 (3) advocate changes in federal and state laws to
16-64 promote local service integration.
16-65 SECTION 5.11. SANCTIONS FOR NONPERFORMANCE. (a) The
16-66 commission shall provide technical assistance to local workforce
16-67 development areas that fail to meet performance standards
16-68 established under this Act and other applicable federal and state
16-69 laws. If a local workforce development area fails to meet
16-70 performance standards for two consecutive program years, the
17-1 commission shall develop and impose a reorganization plan that may
17-2 include restructuring the local workforce development board,
17-3 prohibiting the use of designated service providers, and merging
17-4 the local workforce development area with another area.
17-5 (b) A local workforce development area that is the subject
17-6 of a reorganization plan may appeal to the governor to rescind or
17-7 revise the plan not later than the 30th day after the date of
17-8 receiving notice of the plan.
17-9 SECTION 5.12. SANCTIONS FOR LACK OF FISCAL ACCOUNTABILITY.
17-10 If, as a result of financial and compliance audits or for another
17-11 reason, the commission determines that there is a substantial
17-12 violation of a specific provision of this Act or another federal or
17-13 state law or regulation and corrective action has not been taken,
17-14 the commission shall:
17-15 (1) issue a notice of intent to revoke all or part of
17-16 the affected local plan;
17-17 (2) issue a notice of intent to immediately cease
17-18 reimbursement of local program costs; or
17-19 (3) impose a reorganization plan under Section 5.11 of
17-20 this Act for the local workforce development area.
17-21 SECTION 5.13. NONPROFIT STATUS; ABILITY TO SOLICIT FUNDS.
17-22 (a) A local workforce development board may apply for and receive
17-23 a charter as a private, nonprofit corporation under the laws of
17-24 this state and may choose to be recognized as a Section 501(c)(3)
17-25 organization under the Internal Revenue Code of 1986 (26 U.S.C.
17-26 Section 501(c)(3)).
17-27 (b) In addition to receiving funds specified in this Act, a
17-28 local workforce development board may solicit additional funds from
17-29 other sources, both public and private. A board may not solicit or
17-30 accept money from an entity with whom the board contracts for the
17-31 delivery of services.
17-32 SECTION 5.14. PLANS FOR WORKFORCE EDUCATION. In addition to
17-33 the other requirements of this Act, in evaluating a plan for
17-34 workforce education to ensure that the plan addresses the needs of
17-35 local businesses, a board, on behalf of local businesses, may
17-36 recommend changes in the delivery of programs the board provides.
17-37 A provider must respond to a change recommended by a board not
17-38 later than the 30th day after the date the provider receives the
17-39 recommendation.
17-40 ARTICLE 6. LOCAL DELIVERY SYSTEM
17-41 SECTION 6.01. WORKFORCE DEVELOPMENT CENTERS. A local
17-42 workforce development board shall establish workforce development
17-43 centers accessible to workers and employers throughout the
17-44 workforce development area. Each center shall provide access to
17-45 information and services available in the workforce development
17-46 area and shall address the individual needs of workers and
17-47 employers. The services available at a center shall be tailored to
17-48 meet individual needs and shall include the following:
17-49 (1) labor market information, including the skills of
17-50 the area workforce, available job openings, and the education,
17-51 training, and employment opportunities in the local area, in the
17-52 state, and as feasible, in the nation;
17-53 (2) common intake and eligibility determination for
17-54 all workforce development programs and services;
17-55 (3) independent assessment of individual needs and the
17-56 development of an individual service strategy;
17-57 (4) centralized and continuous case management and
17-58 counseling;
17-59 (5) individual referral for services including basic
17-60 education, classroom skills training, on-the-job training, and
17-61 customized training; and
17-62 (6) supportive services, including child care, loans,
17-63 and other forms of financial assistance required to participate in
17-64 and complete training.
17-65 SECTION 6.02. RIGHT TO KNOW. A local workforce development
17-66 center shall provide each individual who participates in a
17-67 vocational or technical training program a written document that
17-68 informs the person of current employment prospects and the current
17-69 wage level for a person who completes the vocational or technical
17-70 training program.
18-1 ARTICLE 7. MANUFACTURING TECHNOLOGY NETWORK
18-2 SECTION 7.01. PURPOSE. In light of the transition occurring
18-3 in defense-related industries and other manufacturing sectors in
18-4 this state, small and medium-sized enterprises in this state need a
18-5 manufacturing technology system that combines the resources of the
18-6 public and private sectors. The system is necessary to:
18-7 (1) expand and diversify the state economy and provide
18-8 new and higher quality jobs for the citizens of this state;
18-9 (2) effectively deploy the appropriate technology for
18-10 competitive manufacturing in the global economy through workforce
18-11 development, applied research, and new product development;
18-12 (3) build the awareness of and the capacity for
18-13 education and training that meets the needs of enterprises and
18-14 workers;
18-15 (4) stimulate financial capital for basic and applied
18-16 research to move innovation to commercial application; and
18-17 (5) encourage the building of partnerships between
18-18 industry, education, and the public sector to enhance and improve
18-19 the overall use of the state's human and capital resources.
18-20 SECTION 7.02. DEFINITIONS. In this article:
18-21 (1) "Applied research" means research activity at an
18-22 institution of higher education, a nonprofit research foundation,
18-23 or in the private sector that focuses available knowledge for
18-24 application to resolve identified problems the results of which may
18-25 be used in industry to improve processes and applications of
18-26 technology.
18-27 (2) "Basic research" means an original investigation
18-28 performed to advance scientific knowledge that does not have a
18-29 specific commercial objective but has a potential long-range value
18-30 to commercial interests.
18-31 (3) "Enterprise" means a firm that has its principal
18-32 place of business or a manufacturing facility in this state.
18-33 (4) "Institution of higher education" has the meaning
18-34 assigned by Section 61.003, Education Code, and its subsequent
18-35 amendments.
18-36 (5) "Manufacturing technology network" means a
18-37 coordinated network of public and private manufacturing
18-38 modernization resources designed to stimulate the competitiveness
18-39 of small and medium-sized manufacturing firms in this state,
18-40 including manufacturing technology centers, shared-use facilities,
18-41 extension services, and specific training programs.
18-42 (6) "New technology" means methods, products,
18-43 processes, and procedures developed through science or research.
18-44 (7) "Nonprofit research institution" means a not for
18-45 profit public or private facility in this state that has the
18-46 capacity to conduct applied and basic research projects and that is
18-47 not a subsidiary of a corporation, partnership, or association that
18-48 operates for a profit and does not have its stock or assets owned
18-49 or controlled by a corporation, partnership, or association that
18-50 operates for a profit.
18-51 (8) "Person" means an individual, partnership,
18-52 corporation, or joint venture that conducts business or proposes to
18-53 conduct business in this state.
18-54 (9) "Product" means an outcome, device, technique, or
18-55 process that has advanced beyond the theoretical stage, is in a
18-56 prototype or practice stage, and that is currently being or may in
18-57 the future be developed or marketed commercially.
18-58 (10) "Technology deployment" means the process of
18-59 assisting a manufacturing enterprise to appraise, purchase,
18-60 install, integrate, and effectively use equipment, techniques, and
18-61 processes, including the training of workers in the manufacturing
18-62 enterprise, that improve the quality and productivity of goods and
18-63 services.
18-64 (11) "Technology manufacturing and business incubator"
18-65 means a facility that houses and assists in the start-up of
18-66 business for technology-related businesses.
18-67 (12) "Technology transfer" means a two-way process by
18-68 which ideas or inventions for new technology developed in a
18-69 research program on a laboratory or pilot-plant scale are converted
18-70 to commercial use.
19-1 SECTION 7.03. MANUFACTURING TECHNOLOGY NETWORK. (a) The
19-2 strategic plan for economic and workforce development shall include
19-3 recommendations to the governor for the goals, objectives,
19-4 performance standards, and design of a manufacturing technology
19-5 network to improve the technological capabilities of small and
19-6 medium-sized manufacturing enterprises in this state.
19-7 (b) The plan shall:
19-8 (1) review current research and studies related to the
19-9 condition of manufacturing and defense-related enterprises and
19-10 associated technology deployment in this state;
19-11 (2) involve representatives of private sector
19-12 manufacturing enterprises to determine the composition and level of
19-13 services to be provided by the network and its components;
19-14 (3) include linkages between the state's four-year
19-15 institutions of higher education, community colleges, the Texas
19-16 State Technical College System, and proprietary schools to assist
19-17 in the improvement of technical curriculum and counseling,
19-18 including assistance to enable defense-industry workers and
19-19 military personnel who have management, professional, and technical
19-20 skills acquired in the defense industry or military, to acquire
19-21 skills necessary to obtain and thrive in new jobs;
19-22 (4) assure the development of quality education and
19-23 training curricula through the use of identified standards
19-24 developed against national and international standards;
19-25 (5) consider the availability of existing resources
19-26 for technology and business assistance, outreach capabilities, and
19-27 technology transfer in institutions of higher education, nonprofit
19-28 research institutions, local technology business incubators, and
19-29 other sources capable of forming a base for network services;
19-30 (6) make recommendations to the governor on applying
19-31 for federal funds to operate one or more manufacturing technology
19-32 centers and associated technology deployment; and
19-33 (7) establish a system to reduce existing barriers and
19-34 effectively use university and federal laboratories for technology
19-35 transfer activities.
19-36 (c) The network shall contain the following elements:
19-37 (1) the ability to meet the specific needs and
19-38 capabilities of enterprises seeking assistance;
19-39 (2) the capacity to respond to federal initiatives and
19-40 investment in technology deployment and defense conversion;
19-41 (3) the provision of assistance to small and
19-42 medium-sized manufacturing enterprises in this state in the:
19-43 (A) application of technology and the
19-44 integration of new technology with conventional systems;
19-45 (B) education and training of employees of small
19-46 and medium-sized enterprises, including training courses in
19-47 advanced manufacturing techniques and processes;
19-48 (C) provision of plant-based assessment of
19-49 problems with guidance for solutions; and
19-50 (D) provision of inter-firm collaboration,
19-51 including opportunities for enterprises in different fields to
19-52 exchange information, share experiences, and solve problems in
19-53 order to facilitate technology transfer;
19-54 (4) the establishment of a system to evaluate the
19-55 effectiveness and efficiency of services provided by the network to
19-56 small and medium-sized manufacturing enterprises;
19-57 (5) the ability to establish and operate, directly or
19-58 under a contract or interagency agreement, an electronic
19-59 information system designed to provide access to resources that
19-60 will assist enterprises in becoming more productive and
19-61 competitive;
19-62 (6) the ability to develop and distribute information
19-63 about manufacturing modernization and assistance that is available
19-64 to assist small and medium-sized enterprises to produce and market
19-65 higher-value added products;
19-66 (7) the establishment of special information and
19-67 educational training programs for persons who work with small and
19-68 medium-sized manufacturing enterprises;
19-69 (8) the improvement of existing networks or efforts to
19-70 match dislocated workers with special technical skills, including
20-1 workers in the defense industry and the military, with companies in
20-2 this state that need those workers and their skills, by assisting
20-3 potential employers in understanding and interpreting skills
20-4 acquired in defense-industry and military training programs and
20-5 other means; and
20-6 (9) the ability to assist workers who wish to start
20-7 new businesses with skills requiring special certification or
20-8 licensing through providing alternative or equivalent programs and
20-9 special entrepreneurship training.
20-10 ARTICLE 8. CONFORMING AMENDMENTS
20-11 SECTION 8.01. CONFORMING AMENDMENT. Subsections (f) and
20-12 (j), Section 61.051, Education Code, are amended to read as
20-13 follows:
20-14 (f) The board shall encourage and develop new certificate
20-15 programs in technical and vocational education in Texas public
20-16 technical institutes and public community colleges as the needs of
20-17 technology and industry may demand and shall recommend the
20-18 elimination of such programs for which a need no longer exists.
20-19 The board shall conduct a review of the certificate programs at
20-20 least every four years or on the request of the Council on
20-21 Workforce and Economic Competitiveness and shall terminate a
20-22 program that does not meet performance review standards and other
20-23 criteria established by the board. The board shall assume the
20-24 leadership role and administrative responsibilities for state level
20-25 administration of postsecondary technical-vocational education
20-26 programs in Texas public community colleges, public technical
20-27 institutes, and other eligible public postsecondary institutions.
20-28 The board shall ensure that standardized minimum technical and
20-29 skill-specific competency and performance standards for each
20-30 workforce education program, as developed by the Council on
20-31 Workforce and Economic Competitiveness, are used in the board's
20-32 review, approval, or disapproval of a vocational and technical
20-33 program financed by state and federal funds.
20-34 (j) No off-campus courses for credit may be offered by any
20-35 public technical institute, public community college, or public
20-36 college or university without specific prior approval of the board.
20-37 The board may not prohibit a public junior college district from
20-38 offering a course for credit outside the boundaries of the junior
20-39 college district when such course has met the requirements for
20-40 approval as adopted by the board. The board shall establish
20-41 regulations for the coordination of credit <and noncredit>
20-42 activities of adult and continuing education by public technical
20-43 institutes, public community colleges, or public colleges and
20-44 universities.
20-45 SECTION 8.02. CONFORMING AMENDMENT. Section 61.077,
20-46 Education Code, is amended to read as follows:
20-47 Sec. 61.077. JOINT ADVISORY COMMITTEE. (a) There is hereby
20-48 created a joint advisory committee for the purpose of advising the
20-49 Texas Higher Education Coordinating Board<, Texas College and
20-50 University System,> and the State Board of Education in
20-51 coordinating postsecondary vocational-technical activities, <and>
20-52 vocational-technical teacher education programs offered or proposed
20-53 to be offered in the colleges and universities of this state, and
20-54 other relevant matters, including those listed in Section 61.076 of
20-55 this code. The committee shall be composed of three members from
20-56 the State Board of Education, appointed by the chairman of the
20-57 board and three members from the Texas Higher Education
20-58 Coordinating Board, <Texas College and University System,>
20-59 appointed by the chairman of the board, <and> one member designated
20-60 by the presiding officer of the Council on Workforce and Economic
20-61 Competitiveness, and one member representing business designated by
20-62 the chair of the Texas Partnership for Economic Development <of the
20-63 Texas Council on Vocational Education, appointed by the chairman of
20-64 the council>. A member of the <coordinating> board shall be
20-65 designated as chairman of the joint advisory committee by the
20-66 chairman of the <coordinating> board. The committee shall hold
20-67 regular annual meetings as called by the chairman.
20-68 (b) The purposes of this committee shall include the
20-69 following:
20-70 (1) to advise the two boards on the coordination of
21-1 postsecondary vocational-technical education and the articulation
21-2 between postsecondary vocational-technical education and secondary
21-3 vocational-technical education;
21-4 (2) to facilitate the transfer of responsibilities for
21-5 the administration of postsecondary vocational-technical education
21-6 from the State Board of Education to the board <Coordinating Board,
21-7 Texas College and University System,> in accordance with Section
21-8 111(a)(I) of the Carl D. Perkins Vocational Education Act, Public
21-9 Law 98-524; <and>
21-10 (3) to advise the State Board of Education, when it
21-11 acts as the State Board of Vocational Education, on the following:
21-12 (A) <the allocation between secondary and
21-13 postsecondary education of funds received by the State of Texas
21-14 from the United States government under the Vocational Education
21-15 Act of 1963, as amended, and other federal statutes relating to
21-16 postsecondary vocational-technical education;>
21-17 <(B)> the transfer of federal funds to the
21-18 <coordinating> board for allotment to eligible public postsecondary
21-19 institutions of higher education;
21-20 (B) <(C)> the vocational-technical education
21-21 funding for projects and institutions as determined by the
21-22 <coordinating> board when the State Board of Vocational Education
21-23 is required by federal law to endorse such determinations;
21-24 (C) <(D)> the development and updating of the
21-25 state plan for vocational-technical education and the evaluation of
21-26 programs, services, and activities of postsecondary
21-27 vocational-technical education and such amendments to the state
21-28 plan for vocational-technical education as may relate to
21-29 postsecondary education; <and>
21-30 (D) <(E)> other matters related to postsecondary
21-31 vocational-technical education; and
21-32 (E) the coordination of curricula, instructional
21-33 programs, research, and other functions as appropriate, including
21-34 areas listed in Section 61.076 of this code, school-to-work and
21-35 school-to-college transition programs, and professional development
21-36 activities; and
21-37 (4) to advise the Council on Workforce and Economic
21-38 Competitiveness on educational policy issues related to workforce
21-39 preparation.
21-40 SECTION 8.03. CONFORMING AMENDMENT. Subsection (c), Section
21-41 481.152, Government Code, is amended to read as follows:
21-42 (c) The department shall administer the program and may
21-43 enter into an interagency agreement with the Texas Commission on
21-44 Workforce Competitiveness to perform services related to training
21-45 and other services agreed to by the commission and the department.
21-46 SECTION 8.04. CONFORMING AMENDMENT. The Texas Job-Training
21-47 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)
21-48 is amended by adding Section 7A to read as follows:
21-49 Sec. 7A. PRIVATE INDUSTRY COUNCIL; LOCAL WORKFORCE
21-50 DEVELOPMENT BOARD. For the purposes of this Act, private industry
21-51 council refers to both:
21-52 (1) the entity described as a private industry council
21-53 by the federal Act; and
21-54 (2) a local workforce development board in a local
21-55 market area in which a local workforce development board created
21-56 under Article 5, Workforce and Economic Competitiveness Act, has
21-57 been established.
21-58 ARTICLE 9. TRANSITION PROVISIONS
21-59 SECTION 9.01. EFFECTIVE DATE; TRANSITION. (a) This Act
21-60 takes effect September 1, 1993.
21-61 (b) The Texas Commission on Workforce Competitiveness and
21-62 the Council on Workforce and Economic Competitiveness shall be
21-63 appointed and operational not later than January 1, 1994.
21-64 (c) The Texas Employment Commission is merged into the Texas
21-65 Commission on Workforce Competitiveness on January 1, 1994. Any
21-66 reference in law to the Texas Employment Commission on or after
21-67 that date means the Texas Commission on Workforce Competitiveness.
21-68 (d) The programs listed in Section 2.03 of this Act are
21-69 transferred to the Texas Commission on Workforce Competitiveness on
21-70 January 1, 1994. Any reference in a law governing a program listed
22-1 in Section 2.03 of this Act to the agency that administered the
22-2 program before that date means the Texas Commission on Workforce
22-3 Competitiveness.
22-4 SECTION 9.02. TRANSITION OVERSIGHT COMMITTEE. (a) A
22-5 transition oversight committee is created June 1, 1993. The
22-6 committee is composed of the following members:
22-7 (1) the chair of the Texas Employment Commission;
22-8 (2) the chair of the State Job Training Coordinating
22-9 Council;
22-10 (3) the executive director of the Texas Department of
22-11 Commerce;
22-12 (4) the chair of the State Board of Education;
22-13 (5) the chairman of the Texas Higher Education
22-14 Coordinating Board;
22-15 (6) the presiding officer of the Texas Board of Human
22-16 Services;
22-17 (7) the chair of the Texas Council on Vocational
22-18 Education;
22-19 (8) the chair of the Texas Board on Aging;
22-20 (9) one member representing the general public to be
22-21 appointed by the governor;
22-22 (10) one member representing the general public to be
22-23 appointed by the lieutenant governor; and
22-24 (11) one member representing the general public to be
22-25 appointed by the speaker of the house of representatives.
22-26 (b) All agencies affected by the transfer are directed to
22-27 cooperate with the committee in formulating and implementing a
22-28 transition plan and program.
22-29 (c) The committee shall develop and oversee the
22-30 implementation of a plan that will carry out the full effect of
22-31 this Act in an orderly fashion. The committee shall prepare a
22-32 written report relating to the transfer of workforce development
22-33 programs to the Texas Commission on Workforce Competitiveness to be
22-34 filed with the governor, the lieutenant governor, and the speaker
22-35 of the house of representatives not later than September 1, 1993.
22-36 (d) The committee shall have the following duties and
22-37 authority:
22-38 (1) the power to appoint a full-time staff person with
22-39 clerical support to assist in all of the duties and
22-40 responsibilities of the commission;
22-41 (2) the power to have staff transferred from state
22-42 agencies to assist the committee in the implementation of the
22-43 committee's duties and responsibilities;
22-44 (3) the power to require the affected agencies to
22-45 develop transition programs and interim operating budgets as
22-46 necessary to ensure an orderly transition; and
22-47 (4) the power to adopt interim rules and procedures
22-48 consistent with this Act and the laws of the state.
22-49 (e) This section expires and the committee is abolished
22-50 January 1, 1994.
22-51 SECTION 9.03. MISCELLANEOUS TRANSITION PROVISIONS. (a) The
22-52 chief elected officials of a workforce development area may apply
22-53 for certification of a local workforce development board on or
22-54 after January 1, 1995. The chief elected officials may request a
22-55 waiver to allow the officials to establish a local workforce
22-56 development board before that date from the Council on Workforce
22-57 and Economic Competitiveness.
22-58 (b) To provide continuity, the chief elected officials shall
22-59 consider appointing persons to the local workforce development
22-60 boards who are serving or who have served previously on a private
22-61 industry council, a quality workforce planning committee, a job
22-62 service employer committee, and any other entity affected by this
22-63 Act.
22-64 (c) A local workforce development board established under
22-65 this Act and certified by the governor shall establish local
22-66 workforce development centers not later than the 270th day after
22-67 the board is certified.
22-68 (d) A local workforce development board created under this
22-69 Act is required to contract with the commission for the provision
22-70 of labor-exchange functions that were previously carried out at the
23-1 local level by the Texas Employment Commission. This subsection
23-2 does not apply to a workforce development area in which a local
23-3 workforce development board establishes cause for nonperformance.
23-4 The inapplicability of this subsection to a workforce development
23-5 area under this subsection may be contested by the commission. The
23-6 Council on Workforce and Economic Competitiveness has final
23-7 authority to resolve the issue under this subsection. This
23-8 subsection expires January 1, 1998.
23-9 (e) A local workforce development board may not have
23-10 authority over funds for adult basic education and literacy
23-11 programs in the area served by the board before January 1, 1995.
23-12 SECTION 9.04. Emergency. The importance of this legislation
23-13 and the crowded condition of the calendars in both houses create an
23-14 emergency and an imperative public necessity that the
23-15 constitutional rule requiring bills to be read on three several
23-16 days in each house be suspended, and this rule is hereby suspended,
23-17 and that this Act take effect and be in force according to its
23-18 terms, and it is so enacted.
23-19 * * * * *
23-20 Austin,
23-21 Texas
23-22 April 26, 1993
23-23 Hon. Bob Bullock
23-24 President of the Senate
23-25 Sir:
23-26 We, your Committee on Economic Development to which was referred
23-27 S.B. No. 642, have had the same under consideration, and I am
23-28 instructed to report it back to the Senate with the recommendation
23-29 that it do not pass, but that the Committee Substitute adopted in
23-30 lieu thereof do pass and be printed.
23-31 Parker,
23-32 Chairman
23-33 * * * * *
23-34 WITNESSES
23-35 FOR AGAINST ON
23-36 ___________________________________________________________________
23-37 Name: Bob McPherson x
23-38 Representing: Tech. Resource for Sen. Ellis
23-39 City: Austin
23-40 -------------------------------------------------------------------
23-41 Name: Ronald W. Kessler x
23-42 Representing: Greater Austin C. of C.
23-43 City: Austin
23-44 -------------------------------------------------------------------
23-45 Name: Ronald W. Kessler x
23-46 Representing: American Electronics Assn.
23-47 City: Austin
23-48 -------------------------------------------------------------------
23-49 Name: Joe D. Gunn x
23-50 Representing: Tx AFL/CIO
23-51 City: Austin
23-52 -------------------------------------------------------------------
23-53 FOR AGAINST ON
23-54 ___________________________________________________________________
23-55 Name: Mary Buckley x
23-56 Representing: Tx Comptroller of Public Acct.
23-57 City: Austin
23-58 -------------------------------------------------------------------
23-59 Name: Sandy Dochen x
23-60 Representing: Gov Task Fce on Econ. Transitn
23-61 City: Austin
23-62 -------------------------------------------------------------------
23-63 Name: John D. Baker x
23-64 Representing: Tx Assn of Private Ind. Councl
23-65 City: Austin
23-66 -------------------------------------------------------------------
23-67 Name: Kwaku Agbottah x
23-68 Representing: TAPIC
23-69 City: Austin
23-70 -------------------------------------------------------------------
24-1 Name: Dennis Richter x
24-2 Representing: TAPIC
24-3 City: Taylor
24-4 -------------------------------------------------------------------
24-5 Name: Leonardo de la Garza x
24-6 Representing: Tx Public Commun. Jr. College
24-7 City: El Paso
24-8 -------------------------------------------------------------------
24-9 Name: Diana Morales Taylor x
24-10 Representing: N. Harris Montgomery Comm. Coll
24-11 City: Kingwood
24-12 -------------------------------------------------------------------
24-13 Name: Lee B. Murdy x
24-14 Representing: Bus. & Ind. Advis.
24-15 Council/N. Harris
24-16 City: Houston
24-17 -------------------------------------------------------------------
24-18 Name: Wayne Slovacek x
24-19 Representing: San Jacinto College
24-20 City: Deer Park
24-21 -------------------------------------------------------------------
24-22 Name: Jack W. Coe x
24-23 Representing: San Jacinto College
24-24 City: Deer Park
24-25 -------------------------------------------------------------------
24-26 Name: Michael Putegnat x
24-27 Representing: Tx Southmost College
24-28 City: Brownsville
24-29 -------------------------------------------------------------------
24-30 Name: Jebron McCue x
24-31 Representing: Tx Dept. on Aging
24-32 City: Austin
24-33 -------------------------------------------------------------------
24-34 Name: Ralph Hargrow x
24-35 Representing: Dal/Ft. W. Metro Qual.
24-36 Work Fce
24-37 City: Dallas
24-38 -------------------------------------------------------------------
24-39 Name: John H. Stevens x
24-40 Representing: Tx Bus. & Education Coalition
24-41 City: Austin
24-42 -------------------------------------------------------------------
24-43 Name: Brad Helbert x
24-44 Representing: W. Central Tx Council
24-45 City: Abilene
24-46 -------------------------------------------------------------------
24-47 Name: Mary Ross x
24-48 Representing: W. Cent. Tx Priv. Ind. Council
24-49 City: Abilene
24-50 -------------------------------------------------------------------
24-51 Name: Walter G. Diggles x
24-52 Representing: TARC & DETCOG
24-53 City: Jasper
24-54 -------------------------------------------------------------------
24-55 FOR AGAINST ON
24-56 ___________________________________________________________________
24-57 Name: David Stockton for Roger Williams x
24-58 Representing: Bell Helicopter Textron, Inc.
24-59 City: Ft. Worth
24-60 ___________________________________________________________________
24-61 Name: Robert D. Agee x
24-62 Representing: RDA Computer Training
24-63 City: Austin
24-64 -------------------------------------------------------------------
24-65 Name: David R. Pinkus x
24-66 Representing: Small Business United of Tx
24-67 City: Austin
24-68 -------------------------------------------------------------------
24-69 Name: C. A. Roberson x
24-70 Representing: Tarrant Co. Jr. College
25-1 City: Ft. Worth
25-2 -------------------------------------------------------------------
25-3 Name: Buddy Venters x
25-4 Representing: Del Mar College
25-5 City: Corpus Christi
25-6 -------------------------------------------------------------------
25-7 Name: Dennis Michaelis x
25-8 Representing: McLennan Community College
25-9 City: Waco
25-10 -------------------------------------------------------------------
25-11 Name: Britton Ryan x
25-12 Representing: Houston Comm. College System
25-13 City: Houston
25-14 -------------------------------------------------------------------
25-15 Name: Sylvia R. Ramos x
25-16 Representing: Houston Comm. College System
25-17 City: Houston
25-18 -------------------------------------------------------------------
25-19 Name: Nellie Carr Thorogood x
25-20 Representing: N. Harris Mont. Comm College
25-21 City: Kingwood
25-22 -------------------------------------------------------------------
25-23 Name: Tom Sewell x
25-24 Representing: San Jacinto College
25-25 City: Deer Park
25-26 -------------------------------------------------------------------
25-27 Name: Dr. Wade Kirk x
25-28 Representing: Vernon Regional Jr. College
25-29 City: Vernon
25-30 -------------------------------------------------------------------
25-31 Name: Jimmy Goodson x
25-32 Representing: Victoria College
25-33 City: Victoria
25-34 -------------------------------------------------------------------
25-35 Name: Dr. Marc Nigliazzo x
25-36 Representing: Galveston College
25-37 City: Galveston
25-38 -------------------------------------------------------------------
25-39 Name: Richard Minton x
25-40 Representing: Tyler Jr. College
25-41 City: Tyler
25-42 -------------------------------------------------------------------
25-43 Name: Roberto Reyes x
25-44 Representing: El Paso Community College
25-45 City: El Paso
25-46 -------------------------------------------------------------------
25-47 Name: Stanton C. Calvert x
25-48 Representing: Tx Public Comm. Jr. Assoc.
25-49 City: Austin
25-50 -------------------------------------------------------------------
25-51 Name: Marvin Felder x
25-52 Representing: Tx Pub. Comm. Jr. College
25-53 Assn.
25-54 City: Austin
25-55 -------------------------------------------------------------------
25-56 FOR AGAINST ON
25-57 ___________________________________________________________________
25-58 Name: Ramon Laughter x
25-59 Representing: N. Harris Mont. Commun. College
25-60 City: Spring
25-61 -------------------------------------------------------------------
25-62 Name: John E. Pickelman x
25-63 Representing: N. Harris Mont. Commun. College
25-64 City: Houston
25-65 -------------------------------------------------------------------
25-66 Name: Joy T. Martin x
25-67 Representing: El Paso Community College
25-68 City: El Paso
25-69 -------------------------------------------------------------------
25-70 Name: Dr. Charles A. Green x
26-1 Representing: Houston Commun. College System
26-2 City: Houston
26-3 -------------------------------------------------------------------
26-4 Name: Norman Wallace x
26-5 Representing: Bee County College
26-6 City: Beeville
26-7 -------------------------------------------------------------------
26-8 Name: Jackie Caswell x
26-9 Representing: Dallas Community Colleges
26-10 City: Dallas
26-11 ___________________________________________________________________
26-12 Name: Larry Phillips x
26-13 Representing: Angelina College
26-14 City: Lufkin
26-15 -------------------------------------------------------------------
26-16 Name: Roland K. Smith x
26-17 Representing: Austin Community College
26-18 City: Austin
26-19 -------------------------------------------------------------------
26-20 Name: Sabrina Foster x
26-21 Representing: Houston Mayor & City Council
26-22 City: Houston
26-23 -------------------------------------------------------------------
26-24 Name: Robin Gilchrist x
26-25 Representing: Texans for Education
26-26 City: Austin
26-27 -------------------------------------------------------------------
26-28 Name: Cathy L. Rhudy x
26-29 Representing: TX Assn. for Literacy &
26-30 AdultEd
26-31 City: San Antonio
26-32 -------------------------------------------------------------------
26-33 Name: Maggie Cunningham x
26-34 Representing: TX Assn. for Literacy &
26-35 AdultE
26-36 City: New Braunfels
26-37 -------------------------------------------------------------------