By:  Ellis                                            S.B. No. 1147
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to workforce development, investment in human resources,
    1-2  the organization, administration, and operation of agencies of
    1-3  state government providing these services, and creating the
    1-4  Commission on Education and Economic Competitiveness.
    1-6        SECTION 1.  Title 70, Revised Statutes, is amended by adding
    1-7  Article 4413(53) to read as follows:
    1-8        Sec. 1.  SHORT TITLE.  This Act may be cited as the Education
    1-9  and Economic Competitiveness Act.
   1-10        Sec. 2.  DEFINITIONS.  In this article:
   1-11              (1)  "Commission" means the Commission on Education on
   1-12  Education and Economic Competitiveness.
   1-13              (2)  "Executive Director" means the Executive Director
   1-14  of the Commission on Education and Economic Competitiveness.
   1-15              (3)  "Human Resources Investment Council" means a human
   1-16  resources investment council as defined in Title VI, Section 701,
   1-17  Job Training Partnership Act, 29 U.S.C. Sec. 1501, et seq.
   1-18        Sec. 3.  COMMISSION.  (a)  The Commission is created as a
   1-19  Human Resources Investment Council under applicable federal law and
   1-20  is an agency of the state.  It shall consist of the following
   1-21  members:
   1-22              (1)  The Chair of the State Board of Education;
   1-23              (2)  The Chair of the Higher Education Coordinating
    2-1  Board;
    2-2              (3)  The Chair of the Department of Human Services
    2-3  Board;
    2-4              (4)  The Chair of the Texas Department of Commerce
    2-5  Board;
    2-6              (5)  The Chair of the Texas Employment Commission;
    2-7              (6)  The Commissioner of Education;
    2-8              (7)  The Commissioner of Higher Education;
    2-9              (8)  The Commissioner of Health and Human Services;
   2-10              (9)  The Executive Director of the Texas Department of
   2-11  Commerce;
   2-12              (10)  The Administrator of the Texas Employment
   2-13  Commission;
   2-14              (11)  Representatives of community-based organizations;
   2-15              (12)  Representatives of organized labor, nominated by
   2-16  recognized labor organizations, who shall constitute not less than
   2-17  15 percent of the membership of the commission;
   2-18              (13)  Representatives of business and industry, who
   2-19  shall constitute not less than 15 percent of the membership on the
   2-20  commission, including individuals who are representatives of
   2-21  business and industry on private industry councils established
   2-22  within the state under Article 4413(52) of this Title; and
   2-23              (14)  Representatives of local public education,
   2-24  postsecondary educational institutions, and secondary or
   2-25  postsecondary vocational educational institutions, at least one of
    3-1  whom shall represent a private proprietary school, who  together
    3-2  shall total not less than 15 percent of the membership on the
    3-3  commission.
    3-4        (b)  The commission may also include additional members, who
    3-5  may be selected from:
    3-6              (1)  representatives from local welfare agencies;
    3-7              (2)  representatives from public housing agencies; and
    3-8              (3)  representatives from units of local government.
    3-9        (c)  The Governor shall designate a chair of the commission,
   3-10  who shall continue in that capacity at the pleasure of the
   3-11  governor.  The commission shall meet at least quarterly, and at
   3-12  other times at the call of the chair or as provided by rule of the
   3-13  commission.
   3-14        (d)  Members of the commission who are not selected in an ex
   3-15  officio capacity serve for a term of two years.  Ex officio members
   3-16  continue to serve so long as they continue in office.
   3-17        Sec. 4.  GENERAL POWERS AND DUTIES.  (a)  The commission
   3-18  shall:
   3-19              (1)  review the provision of services and the use of
   3-20  funds and resources under applicable federal human resource
   3-21  provisions and advise the governor and legislature on methods of
   3-22  coordinating such provision of services and use of funds and
   3-23  resources consistent with the laws and regulations governing such
   3-24  programs;
   3-25              (2)  advise the governor and legislature on the
    4-1  development and implementation of state and local standards and
    4-2  measures relating to applicable federal human resource programs and
    4-3  coordination of such standards and measures;
    4-4              (3)  carry out the duties and functions prescribed for
    4-5  existing state councils described under the laws relating to the
    4-6  applicable federal human resource programs;
    4-7              (4)  identify the human investment needs in the state
    4-8  and recommend to the governor and legislature goals for meeting
    4-9  such needs;
   4-10              (5)  recommend to the governor and legislature goals
   4-11  for the development and coordination of the human resource system
   4-12  in the state;
   4-13              (6)  prepare and recommend to the governor and
   4-14  legislature a strategic plan to accomplish the goals developed
   4-15  pursuant to Subsections (4) and (5); and
   4-16              (7)  may monitor the implementation of and evaluate the
   4-17  effectiveness of the strategic plan prepared pursuant to Subsection
   4-18  (6).
   4-19        (b)  The commission may:
   4-20              (1)  adopt rules, make expenditures, enter into
   4-21  contracts with public, private, and nonprofit organizations,
   4-22  require reports, conduct investigations, and take other action it
   4-23  considers necessary or suitable to fulfill its administrative
   4-24  duties;
   4-25              (2)  delegate to the executive director any power or
    5-1  duty imposed on the commission by law, including the authority to
    5-2  make final orders or decisions, except that the commission may not
    5-3  delegate the power or duty to adopt rules.
    5-4              (3)  provide for the mediation or arbitration of
    5-5  disputes between any of the agencies carrying out any of the
    5-6  federal programs under this Act.
    5-7        (c)  The council shall assume the state advisory council
    5-8  responsibilities authorized under the following federal acts:
    5-9              (1)  the Job Training Reform Amendments of 1992;
   5-10              (2)  the Carl D. Perkins Vocational and Applied
   5-11  Technology Education Act (20 U.S.C. Section 2301 et seq.);
   5-12              (3)  the National and Community Service Act of 1990 (42
   5-13  U.S.C. Section 12501 et seq.);
   5-14              (4)  the Adult Education Act (20 U.S.C. Section 1201 et
   5-15  seq.);
   5-16              (5)  the Wagner-Peyser Act (29 U.S.C. Section 49 et
   5-17  seq.);
   5-18              (6)  Part F of Subchapter IV of the Social Security Act
   5-19  (42 U.S.C. Section 681 et seq.);
   5-20              (7)  the employment program established under Section
   5-21  6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. Section
   5-22  2015(d)(4)); and
   5-23              (8)  the National Literacy Act.
   5-24        (d)  The council shall assume responsibilities for the
   5-25  following state advisory councils:
    6-1              (1)  the Texas Literacy Council;
    6-2              (2)  the Apprenticeship Advisory Committee;
    6-3              (3)  the Technical Advisory Committee to the State
    6-4  Occupational Information Coordinating Council; and
    6-5              (4)  the Texas Council on Vocational Education.
    6-6        Sec. 5.  EXECUTIVE DIRECTOR.  (a)  The executive director is
    6-7  appointed by the governor with the advice and consent of the senate
    6-8  for a term of two years expiring September 1 of each odd-numbered
    6-9  year.
   6-10        (b)  The executive director shall:
   6-11              (1)  perform the duties assigned by the commission and
   6-12  state law and shall administer the day-to-day operations of the
   6-13  agency;
   6-14              (2)  appoint and prescribe the powers and duties of all
   6-15  officers, accountants, attorneys, experts, and other employees as
   6-16  necessary in the performance of the commission's duties;
   6-17              (3)  delegate authority to persons appointed under this
   6-18  section, as the executive director considers reasonable and proper,
   6-19  for effective administration;
   6-20              (4)  designate an associate  director for occupational
   6-21  education as required by federal law to assist in the linkage of
   6-22  secondary vocational/technical education programs operated by the
   6-23  commission and corresponding academic programs operated by the
   6-24  Central Education Agency;
   6-25              (5)  bond any person that handles money or signs checks
    7-1  for the commission;
    7-2              (6)  employ personnel necessary for the administration
    7-3  of the commission's duties;
    7-4              (7)  develop an intradepartmental career ladder
    7-5  program, one part of which shall require the intradepartmental
    7-6  posting of all nonentry-level positions concurrently with any
    7-7  public posting;
    7-8              (8)  develop a system of annual performance evaluations
    7-9  based on measurable job tasks on which all merit pay for commission
   7-10  employees must be based;
   7-11              (9)  provide to the commission's employees as often as
   7-12  is necessary information regarding their qualifications under this
   7-13  article and their responsibilities under applicable laws relating
   7-14  to standards of conduct for state officers and employees;
   7-15              (10)  prepare and maintain a written policy statement
   7-16  that ensures implementation of a program of equal employment
   7-17  opportunity under which all personnel transactions are made without
   7-18  regard to race, color, disability, sex, religion, age, or national
   7-19  origin, and that must include:
   7-20                    (A)  personnel policies, including policies
   7-21  relating to recruitment, evaluation, selection, appointment,
   7-22  training, and promotion of personnel;
   7-23                    (B)  a comprehensive analysis of the commission's
   7-24  workforce that meets federal and state guidelines;
   7-25                    (C)  procedures by which a determination can be
    8-1  made of significant underuse in the commission's workforce of all
    8-2  persons for whom federal or state guidelines encourage a more
    8-3  equitable balance; and
    8-4                    (D)  reasonable methods to appropriately address
    8-5  areas of significant underuse in the commission's workforce of all
    8-6  persons for whom federal and state guidelines encourage a more
    8-7  equitable balance.
    8-8        Sec. 6.  JURISDICTION OF COMMISSION.  (a)  The commission
    8-9  shall have oversight responsibility for  the following programs in
   8-10  this state:
   8-11              (1)  the Texas Job-Training Partnership Act (Article
   8-12  4413(52), Vernon's Texas Civil Statutes);
   8-13              (2)  vocational and technical education programs under
   8-14  Sections 21.111 through 21.113, and 21.115, and Chapters 31, 32,
   8-15  and 130, Education Code;
   8-16              (3)  adult education programs under Section 11.18,
   8-17  Education Code;
   8-18              (4)  the senior citizens employment program under
   8-19  Chapter 101, Human Resources Code;
   8-20              (5)  the Smart Jobs Fund Program under Subchapter J,
   8-21  Chapter 481, Government Code;
   8-22              (6)  the Texas Unemployment Compensation Act (Article
   8-23  5221b-1 et seq., Vernon's Texas Civil Statutes);
   8-24              (7)  literacy funds available to the state under the
   8-25  National Literacy Act;
    9-1              (8)  the National and Community Service Act of 1990 (42
    9-2  U.S.C. Section 12501 et seq.)
    9-3              (9)  the Job Opportunities and Basic Skills program
    9-4  under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
    9-5  682); and
    9-6              (10)  the food stamp employment and training program
    9-7  authorized under 7 U.S.C. Section 2015(d).
    9-8        Sec. 7.  VOCATIONAL EDUCATION.  The commission is designated
    9-9  as the State Board for Vocational Education.  The commission shall
   9-10  assume the leadership role and administrative responsibilities for
   9-11  state-level administration of secondary and postsecondary
   9-12  technical-vocational education programs in public local education
   9-13  agencies and other eligible institutions of higher education.
   9-14        Sec. 8.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a ground
   9-15  for removal from the commission that a member:
   9-16              (1)  during any 60-day period, is absent from each
   9-17  commission meeting for which the member received at least 48 hours'
   9-18  notice;
   9-19              (2)  is unable to discharge the member's duties for the
   9-20  remainder of the term for which the member was appointed because of
   9-21  illness or other disability;
   9-22              (3)  is absent:
   9-23                    (A)  from more than half of the regularly
   9-24  scheduled meetings of the commission that the member is eligible to
   9-25  attend during each calendar year;
   10-1                    (B)  from more than half of the regularly
   10-2  scheduled meetings of the Council for Workforce Competitiveness or
   10-3  the Council for Economic Development that the member is eligible to
   10-4  attend during each calendar year;
   10-5              (4)  violates a prohibition established by Section 9;
   10-6  or
   10-7              (5)  fails to perform any of the duties as established
   10-8  by this Act.
   10-9        (b)  The validity of an action of the commission is not
  10-10  affected by the fact that it was taken when a ground for the
  10-11  removal of a member of the commission existed.
  10-12        Sec. 9.  EFFECT OF LOBBYING ACTIVITY.  A person who is
  10-13  required to register as a lobbyist under Chapter 305, Government
  10-14  Code, may not serve as a member of the commission while registered.
  10-15  If the person ceases to engage in lobbying activity and files a
  10-16  notice of termination as prescribed by Section 305.008, Government
  10-17  Code, the person may serve as a member of the commission or act as
  10-18  counsel to the commission.
  10-19        Sec. 10.  APPLICATION OF SUNSET ACT.  The Commission on
  10-20  Education and Economic Competitiveness is subject to Chapter 325,
  10-21  Government Code (Texas Sunset Act).  Unless continued in existence
  10-22  as provided by that chapter, the commission is abolished September
  10-23  1, 2001.
  10-24        SECTION 2.  Sections 5 and 6, of the Texas Job-Training
  10-25  Partnership Act, (Art. 4413(52), Vernon's Texas Civil Statutes) are
   11-1  amended to read as follows:
   11-2        Sec. 5.  ADMINISTRATION.  Administration of this Act shall be
   11-3  performed by the executive director and staff of the Commission on
   11-4  Education and Economic Competitiveness established in Article
   11-5  4413(53) of this title.  <(a)  A job-training and employment staff
   11-6  is established within the governor's office.  The staff shall:>
   11-7              <(1)  have  responsibility for policy development,
   11-8  program planning, monitoring, and evaluation of these programs in
   11-9  coordination with existing state agencies as provided under the Job
  11-10  Training Partnership Act;>
  11-11              <(2)  provide staff support as directed by the governor
  11-12  for the State Job Training Coordinating Council; and>
  11-13              <(3)  perform such other functions and duties relating
  11-14  to the job-training, employment, and related programs as may be
  11-15  required by law or assigned by the governor.>
  11-16        <(b)  The Texas Department of Commerce shall:>
  11-17              <(1)  have primary responsibility for implementation
  11-18  and management of the job-training program; and>
  11-19              <(2)  perform such other functions and duties relating
  11-20  to the job-training program as may be required by law or assigned
  11-21  by the governor.>
  11-22        Sec. 6.  The Commission on Education and Economic
  11-23  Competitiveness shall perform the duties of the monitoring
  11-24  committee for the Job Training Partnership Act.  The Commission
  11-25  shall prepare a plan for the orderly transition of duties under
   12-1  this Act to the Commission.  <MONITORING COMMITTEE.  (a)  The
   12-2  progress of the implementation of the Job-Training Partnership Act
   12-3  in this state shall be monitored by a joint committee appointed by
   12-4  the speaker of the house of representatives and the lieutenant
   12-5  governor.  The committee shall make recommendations for any
   12-6  necessary legislative action or remedies for the next regular
   12-7  session of the legislature as well as recommending congressional
   12-8  remedies.>
   12-9        <(b)  In order to monitor the implementation of this Act as
  12-10  required under Subsection (a) of this section, the committee may
  12-11  oversee each employment, job-training, and related program
  12-12  conducted by a state agency.  Each state agency that conducts such
  12-13  a program shall cooperate fully with the committee and shall submit
  12-14  information and reports to the committee as requested by the
  12-15  committee.>
  12-16        SECTION 3.  Section 481.025, Government Code, is amended to
  12-17  read as follows:
  12-18        Sec. 481.025.  TEXAS LITERACY COUNCIL.  The Commission on
  12-19  Education and Economic Competitiveness shall assume the duties of
  12-20  the Texas Literacy Council.  <(a)  The Texas Literacy Council is
  12-21  established as an adjunct to the department.>
  12-22        <(b)  The council consists of 17 members.  The governor
  12-23  appoints nine members.  The lieutenant governor appoints four
  12-24  members, two of whom must be members of the senate.  The speaker of
  12-25  the house of representatives appoints four members, two of whom
   13-1  must be members of the house.  Appointees shall be representative
   13-2  of business, industry, labor, education, organizations with
   13-3  expertise in literacy, and other areas of society with an interest
   13-4  in literacy.  Members of the council who are not members of the
   13-5  legislature are officers of the public school system for purposes
   13-6  of Article VII, Section 16, of the Texas Constitution, as added in
   13-7  1928.  Members appointed by the governor serve staggered six-year
   13-8  terms with the terms of three members expiring February 1 of each
   13-9  odd-numbered year.  Members appointed buy the lieutenant governor
  13-10  or the speaker of the house of representatives who are not members
  13-11  of the legislature serve staggered four-year terms, with the terms
  13-12  of one member appointed by the lieutenant governor and of one
  13-13  member appointed by the speaker   expiring February 1 of each
  13-14  odd-numbered year.  Members who are members of the legislature
  13-15  serve as ex officio members for two-year terms.  If a member who is
  13-16  a member of the legislature ceases to be a member of the house from
  13-17  which the member was appointed, that membership position on the
  13-18  council becomes vacant.  A member of the council who is absent for
  13-19  three consecutive meetings may be removed from the council.>
  13-20        <(c)  A member of the council may not receive compensation
  13-21  for service on the council but is entitled to reimbursement for
  13-22  actual and necessary expenses incurred in performing functions as a
  13-23  member of the council, subject to any applicable limitation on
  13-24  reimbursement provided by the General Appropriations Act.  An ex
  13-25  officio member of the council shall receive reimbursement for
   14-1  actual and necessary expenses under the rules of the member's
   14-2  office.>
   14-3        <(d)  The governor shall designate the chair of the council
   14-4  from among  the members.  The council shall meet at least
   14-5  quarterly, and at other times at the call of the chair or as
   14-6  provided by rule of the council.>
   14-7        <(e)  The department shall provide office space and other
   14-8  necessities to the council and shall provide staffing for the
   14-9  council at the request of the council.  Other state agencies may
  14-10  provide staff assistance to the council at the request of the
  14-11  council.>
  14-12        SECTION 4.  Section 31.03(1), Education Code, is amended to
  14-13  read as follows:
  14-14              (1)  "Council" means the Commission on Education and
  14-15  Economic Competitiveness <Texas Council on Vocational Education>.
  14-16        SECTION 5.  Section 31.11, Education Code, is amended to read
  14-17  as follows:
  14-18        Sec. 31.11.  The Commission on Education and Economic
  14-19  Competitiveness shall assume the duties and responsibilities of
  14-20  <CREATION; FISCAL AGENT.  (a)  There is hereby established a
  14-21  council known as> the Texas Council on Vocational Education.
  14-22        <(b)  The Central Education Agency may serve as fiscal agent
  14-23  for the council.>
  14-24        SECTION 6.  Sections 31.12, 31.13, 31.14, 31.15, 31.16,
  14-25  31.17, 31.19, 31.21, 31.22, 31.23, 31.24, and 31.25, Education
   15-1  Code, are repealed.
   15-2        SECTION 7.  Section 33.01(5), Education Code, is amended to
   15-3  read as follows:
   15-4              (5)  "Advisory committee" means the Commission on
   15-5  Education and Economic Competitiveness <Apprenticeship and Training
   15-6  Advisory Committee to the State Board of Vocational Education>.
   15-7        SECTION 8.  Section 33.05, Education Code, is repealed.
   15-8        SECTION 9.  The importance of this legislation and the
   15-9  crowded condition of the calendars in both houses create an
  15-10  emergency and an imperative public necessity that the
  15-11  constitutional rule requiring bills to be read on three several
  15-12  days in each house be suspended, and this rule is hereby suspended.