74R11086 E
By Oliveira H.B. No. 1349
Substitute the following for H.B. No. 1349:
By Oliveira C.S.H.B. No. 1349
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation of certain programs regarding
1-3 unemployment compensation, job training, labor and employment, and
1-4 workforce development, the creation of a statewide workforce
1-5 development system, and the operations of the Texas Employment
1-6 Commission.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1. WORKFORCE DEVELOPMENT
1-9 SECTION 1.01. The heading of Subtitle B, Title 4, Labor
1-10 Code, is amended to read as follows:
1-11 SUBTITLE B. TEXAS EMPLOYMENT COMMISSION; WORKFORCE
1-12 DEVELOPMENT; <ADDITIONAL>
1-13 EMPLOYMENT SERVICES
1-14 SECTION 1.02. (a) Chapter 301, Labor Code, is repealed.
1-15 (b) Chapter 202, Labor Code, is moved from Subtitle A, Title
1-16 4, Labor Code, to Subtitle B of that title, redesignated as Chapter
1-17 301, Labor Code, and amended to read as follows:
1-18 CHAPTER 301 <202>. TEXAS EMPLOYMENT COMMISSION
1-19 SUBCHAPTER A. ORGANIZATION OF COMMISSION
1-20 Sec. 301.001. PURPOSE; AGENCY GOALS; DEFINITION. (a) The
1-21 Texas Employment Commission is a state agency established to
1-22 administer the unemployment compensation insurance program in this
1-23 state and to operate an integrated workforce development system in
1-24 this state, in particular through the consolidation of job
2-1 training, employment, and employment-related educational programs
2-2 available in this state.
2-3 (b) The commission shall meet the needs of:
2-4 (1) the businesses of this state for the development
2-5 of a highly skilled and productive workforce;
2-6 (2) the workers of this state for an efficient
2-7 unemployment compensation system, and for education, skills
2-8 training, and labor market information to enhance their
2-9 employability, earnings, and standard of living;
2-10 (3) the communities of this state to provide economic
2-11 incentive programs for job creation, attraction, and expansion; and
2-12 (4) the taxpayers of this state to ensure that tax
2-13 revenues for workforce development are spent efficiently and
2-14 effectively.
2-15 (c) In this title, "commission" means the Texas Employment
2-16 Commission.
2-17 Sec. 301.002 <202.001>. Membership Requirements. (a) The
2-18 commission <Texas Employment Commission> is composed of three
2-19 members:
2-20 (1) one of whom shall be a representative of labor;
2-21 (2) one of whom shall be a representative of
2-22 employers; and
2-23 (3) one of whom shall be impartial and shall represent
2-24 the public.
2-25 (b) The governor shall appoint the members and make the
2-26 appointments without regard to the race, creed, sex, religion, or
2-27 national origin of the appointees.
3-1 Sec. 301.003 <202.002>. Member Restrictions. (a) A member
3-2 of the commission may not engage in any other business, vocation,
3-3 or employment during the member's term on the commission.
3-4 (b) The public member of the commission may not be an
3-5 officer, employee, or paid consultant of a labor-oriented or
3-6 employer-oriented trade association while the member serves on the
3-7 commission.
3-8 Sec. 301.004 <202.003>. Effect of Lobbying Activity. A
3-9 person who is required to register as a lobbyist under Chapter 305,
3-10 Government Code, may not serve as a member of the commission or act
3-11 as the general counsel to the commission while so registered. If
3-12 the person ceases to engage in lobbying activity and files a notice
3-13 of termination as prescribed by Section 305.008, Government Code,
3-14 the person may serve as a member of the commission or act as the
3-15 general counsel to the commission.
3-16 Sec. 301.005 <202.004>. Terms; Vacancy. (a) Members of the
3-17 commission are appointed for staggered six-year terms, with one
3-18 member's term expiring on February 1 of each odd-numbered year.
3-19 (b) A member appointed to fill a vacancy shall hold office
3-20 for the remainder of that term.
3-21 Sec. 301.006 <202.005>. Chairman. The member representing
3-22 the public is the chairman of the commission.
3-23 Sec. 301.007 <202.006>. Removal of Commission Members.
3-24 (a) It is a ground for removal from the commission by impeachment
3-25 that a member:
3-26 (1) during any 60-day period, is absent from each
3-27 commission meeting for which the member received at least 48 hours'
4-1 notice;
4-2 (2) is unable to discharge the member's duties for the
4-3 remainder of the term for which the member was appointed because of
4-4 illness or other disability; or
4-5 (3) violates a prohibition established by Section
4-6 301.003 <202.002> or 301.004 <202.003>.
4-7 (b) The validity of an action of the commission is not
4-8 affected by the fact that it was taken when a ground for the
4-9 removal of a member of the commission existed.
4-10 Sec. 301.008. APPLICATION OF SUNSET ACT. The Texas
4-11 Employment Commission is subject to Chapter 325, Government Code
4-12 (Texas Sunset Act). Unless continued in existence as provided by
4-13 that chapter, the commission is abolished September 1, 1999.
4-14 Sec. 301.009. COMMISSION DIVISIONS. (a) The commission
4-15 shall have:
4-16 (1) a division of unemployment compensation; and
4-17 (2) a division of workforce development.
4-18 (b) In addition to the divisions listed in Subsection (a),
4-19 the executive director, with the approval of the commission, may
4-20 establish additional divisions within the commission for effective
4-21 administration and performance of commission functions.
4-22 (c) The commission shall appoint the directors of the
4-23 divisions of the commission. The directors serve at the pleasure
4-24 of the commission.
4-25 (Sections 301.010-301.020 reserved for expansion
4-26 <Sections 202.007-202.020 reserved for expansion>
4-27 SUBCHAPTER B. COMMISSION ADMINISTRATION
5-1 Sec. 301.021 <202.021>. Donations. The commission may
5-2 accept a donation of services, money, or property from an
5-3 organization listed in Section 501(c)(3) of the Internal Revenue
5-4 Code of 1986 (26 U.S.C. Section 501(c)(3)) that the commission
5-5 determines furthers the lawful objectives of the commission. The
5-6 donation must be accepted in an open meeting by a majority of the
5-7 voting members of the commission and must be reported in the public
5-8 records of the commission with the name of the donor and the
5-9 purpose of the donation.
5-10 Sec. 301.022 <202.022>. Audit. The financial transactions
5-11 of the commission are subject to audit by the state auditor in
5-12 accordance with Chapter 321, Government Code.
5-13 Sec. 301.023 <202.023>. Complaints. (a) The commission
5-14 shall keep an information file about each complaint filed with the
5-15 commission that relates to a service provided by the commission.
5-16 (b) If a written complaint is filed with the commission that
5-17 relates to a service provided by the commission, the commission, at
5-18 least quarterly and until final disposition of the complaint, shall
5-19 notify the parties to the complaint of the status of the complaint.
5-20 Sec. 301.024 <202.024>. Official Seal; Use of Facsimiles.
5-21 (a) The commission has an official seal. A court shall take
5-22 judicial notice of the seal.
5-23 (b) The commission may execute, certify, authenticate, or
5-24 sign, with a facsimile signature and seal, any instrument
5-25 authorized under this subtitle to be issued by the commission or by
5-26 an authorized representative of the commission, including a claim,
5-27 statement, or audit report relating to the establishment or
6-1 collection of delinquent contributions or penalties.
6-2 Sec. 301.025 <202.025>. State Advisory Council; Local
6-3 Councils. (a) The commission may appoint a state advisory council
6-4 composed of 15 persons representing employers, employees, and the
6-5 public. Each member of the commission may appoint five persons to
6-6 the advisory council.
6-7 (b) The advisory council shall meet regularly.
6-8 (c) As permitted by commission rule, a member of the
6-9 advisory council is entitled to reimbursement for necessary travel
6-10 and subsistence expenses and to a per diem allowance for attending
6-11 meetings of the council, but is not a state employee for any
6-12 purpose.
6-13 (d) The commission shall determine the composition and
6-14 prescribe the duties of the advisory council.
6-15 (e) The advisory council shall prepare an annual report
6-16 describing the advisory council's work during the preceding year
6-17 and detailing any recommendations.
6-18 (f) The commission may appoint and pay local advisory
6-19 councils and consultants under the same conditions as provided in
6-20 this section for the state advisory council.
6-21 (Sections 301.026-301.040 reserved for expansion
6-22 <Sections 202.026-202.040 reserved for expansion>
6-23 SUBCHAPTER C. EXECUTIVE DIRECTOR;
6-24 AGENCY <ADMINISTRATOR AND> PERSONNEL
6-25 Sec. 301.041 <202.041>. EXECUTIVE DIRECTOR; AGENCY
6-26 <ADMINISTRATOR;> PERSONNEL. (a) The commission shall appoint an
6-27 executive director <agency administrator> on the basis of merit to
7-1 administer the daily operations of the commission and may prescribe
7-2 any specific qualifications for the position of executive director
7-3 <agency administrator> that are necessary to comply with federal
7-4 law. The position of executive director <agency administrator> is
7-5 subject to the merit principles of Chapter 655, Government Code
7-6 <492, Acts of the 69th Legislature, Regular Session, 1985 (Article
7-7 6252-11g, Vernon's Texas Civil Statutes)>.
7-8 (b) A reference in this code or another law to the "agency
7-9 administrator" of the commission means the executive director of
7-10 the commission.
7-11 (c) The executive director shall execute an official bond in
7-12 an amount not to exceed $50,000, conditioned on the faithful
7-13 performance of the duties of the office as prescribed by the laws
7-14 of this state and by Chapter 653, Government Code.
7-15 (d) The executive director <agency administrator> may:
7-16 (1) appoint and prescribe the powers and duties of all
7-17 officers, accountants, attorneys, experts, and other persons as
7-18 necessary in the performance of the commission's duties;
7-19 (2) delegate authority to a person appointed under
7-20 this section as the executive director <agency administrator>
7-21 considers reasonable and proper for the effective administration of
7-22 this title <subtitle>; and
7-23 (3) bond any person that handles money or signs checks
7-24 under this title <subtitle>.
7-25 (e) <(c)> The executive director <agency administrator> or a
7-26 person designated by the executive director <agency administrator>
7-27 shall develop a system of annual performance evaluations based on
8-1 measurable job tasks. All merit pay for commission employees must
8-2 be based on the system established under this subsection.
8-3 Sec. 301.042 <202.042>. ACCESS TO CERTAIN CRIMINAL HISTORY
8-4 RECORD INFORMATION<; OFFENSE; PENALTY>. (a) The commission may
8-5 request <and receive criminal history record information maintained
8-6 by the Department of Public Safety, the Federal Bureau of
8-7 Investigation Identification Division, or another law enforcement
8-8 agency to investigate an applicant for employment in a security
8-9 sensitive position.>
8-10 <(b) The commission shall adopt a uniform method of
8-11 obtaining criminal history information that requires the commission
8-12 to submit to the Department of Public Safety or another law
8-13 enforcement agency either a complete set of fingerprints or the
8-14 complete name, driver's license number, and social security number
8-15 of the person being investigated. If the commission does not
8-16 obtain relevant information from state or local law enforcement
8-17 agencies in response to a submission under this subsection, the
8-18 commission may submit either the fingerprints or the required
8-19 information to the Federal Bureau of Investigation Identification
8-20 Division.>
8-21 <(c) The commission may request> an applicant for a security
8-22 sensitive position to provide either a complete set of fingerprints
8-23 or the applicant's complete name, driver's license number, and
8-24 social security number. The commission may deny employment in a
8-25 security sensitive position to an applicant who fails to provide
8-26 the requested fingerprints or information.
8-27 (b) <(d) All information received by the commission under
9-1 this section is privileged and confidential and is for the
9-2 exclusive use of the commission. The information may not be
9-3 released or otherwise disclosed to any other person except on court
9-4 order or with the written consent of the person being investigated.>
9-5 <(e) After the commission hires an applicant for a security
9-6 sensitive position, the commission shall seal the criminal history
9-7 record information regarding the applicant and shall deliver the
9-8 information to the custody of the agency administrator or the
9-9 person designated by the agency administrator, who shall maintain
9-10 the information as provided by commission rule. The commission
9-11 shall destroy the criminal history record information of an
9-12 applicant who is not hired.>
9-13 <(f) The commission shall adopt rules governing the custody
9-14 and use of information obtained under this section.>
9-15 <(g)> The commission may use information obtained under this
9-16 section only to evaluate an applicant for employment in a security
9-17 sensitive position. A security sensitive position must be so
9-18 identified in the job description and in the announcement of the
9-19 position.
9-20 (c) <(h)> In this section, "security sensitive position"
9-21 means a position of employment that requires as an incident of the
9-22 employment:
9-23 (1) the performance of duties in:
9-24 (A) the automated data processing, controller,
9-25 or fiscal department; or
9-26 (B) a position designated to handle receipts or
9-27 disbursements of cash in a local or regional office;
10-1 (2) access to a computer terminal, if the information
10-2 available from the terminal is required by law to be confidential;
10-3 (3) access to a master key for access to the premises
10-4 other than during regular working hours; or
10-5 (4) the performance of duties considered to be
10-6 security sensitive by the state auditor or the Inspector General of
10-7 the United States Department of Labor.
10-8 <(i) A person commits an offense if the person releases or
10-9 discloses any information received under this section in violation
10-10 of Subsection (d). An offense under this subsection is a Class A
10-11 misdemeanor.>
10-12 Sec. 301.043 <202.043>. Standards of Conduct Information.
10-13 The commission shall provide to its members and employees of the
10-14 commission, as often as necessary, information regarding their
10-15 responsibilities under applicable laws relating to standards of
10-16 conduct for state officers or employees.
10-17 (Sections 301.044-301.060 reserved for expansion
10-18 <Sections 202.044-201.060 reserved for expansion>
10-19 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
10-20 Sec. 301.061 <202.061>. General Powers and Duties. (a) The
10-21 commission shall administer this title <subtitle> and may adopt
10-22 rules, make expenditures, require reports, conduct investigations,
10-23 and take other action it considers necessary or suitable to fulfill
10-24 that duty.
10-25 (b) The commission shall determine its own organization and
10-26 methods of procedure in accordance with this title <subtitle>.
10-27 Sec. 301.062 <202.062>. Findings. The commission shall make
11-1 findings and determine issues under this title <subtitle> as
11-2 necessary to administer this title <subtitle>.
11-3 Sec. 301.063 <202.063>. State and Federal Cooperation.
11-4 (a) The commission is designated as the agency of this state for
11-5 implementation in this state of the Wagner-Peyser Act (29 U.S.C.
11-6 Section 49 et seq.).
11-7 (b) In administering this title <subtitle> the commission
11-8 shall:
11-9 (1) cooperate with the secretary under the Social
11-10 Security Act (42 U.S.C. Section 301 et seq.) to the fullest extent
11-11 consistent with this title <subtitle>;
11-12 (2) make reports in the form and containing
11-13 information required by the secretary and comply with provisions
11-14 the secretary finds necessary to ensure that the reports are
11-15 correct and verified;
11-16 (3) comply with the regulations prescribed by the
11-17 secretary governing the expenditures of funds allotted and paid to
11-18 the state under Title III of the Social Security Act (42 U.S.C.
11-19 Section 501 et seq.) to assist in the administration of this title
11-20 <subtitle>; and
11-21 (4) cooperate with any official or agency of the
11-22 United States having powers or duties under the Wagner-Peyser Act
11-23 (29 U.S.C. Section 49 et seq.) and take all actions necessary to
11-24 secure to this state the benefits of that Act and necessary to
11-25 perform the commission's duties under Subchapter F.
11-26 (c) The commission may provide reasonable cooperation to
11-27 each agency of the United States charged with the administration of
12-1 any unemployment insurance law.
12-2 (d) On request, the commission shall furnish to an agency of
12-3 the United States responsible for the administration of public
12-4 works or assistance through public employment the name, address,
12-5 ordinary occupation, and employment status of each recipient of
12-6 benefits and shall inform the agency of the recipient's right to
12-7 further benefits under Subtitle A <this subtitle>.
12-8 (e) In this section, "secretary" means the United States
12-9 secretary of labor.
12-10 Sec. 301.064 <202.064>. Interpreter Services; Bilingual
12-11 Forms. (a) The commission shall provide language interpreters for
12-12 agency programs through a comprehensive language services program
12-13 for persons whose primary language is Spanish and may provide
12-14 language interpreters through the program for agency programs for
12-15 persons whose primary language is other than Spanish or English.
12-16 (b) The language services program must provide services,
12-17 including translation services, both to employers and to employees
12-18 or prospective employees.
12-19 (c) The commission shall print essential agency forms and
12-20 instructional information in both English and Spanish. A form
12-21 shall be written in Spanish only when revised or when new or
12-22 additional forms are printed or prepared.
12-23 Sec. 301.065 <202.065>. Annual Report. (a) As soon as
12-24 practicable after the close of each fiscal year, the commission
12-25 shall submit to the governor and the legislature a report on the
12-26 administration and operation of the commission's activities under
12-27 this title <subtitle> during the preceding fiscal year, including
13-1 each recommendation of the commission for amendments to this title
13-2 <subtitle>.
13-3 (b) The annual report must include:
13-4 (1) a balance sheet of the money in the compensation
13-5 fund;
13-6 (2) the annual report prepared by the state advisory
13-7 council under Section 301.025(e) <202.025(e)>;
13-8 (3) the commission's long-term and short-term
13-9 objectives; and
13-10 (4) any other information requested by the legislature
13-11 or the Legislative Budget Board.
13-12 Sec. 301.066 <202.066>. Publications. (a) The commission
13-13 shall print:
13-14 (1) the text of Subtitle A <this subtitle>;
13-15 (2) the commission's rules; and
13-16 (3) the commission's annual report to the governor and
13-17 the legislature.
13-18 (b) The commission shall prepare information describing the
13-19 functions of the commission and the commission's procedures by
13-20 which complaints are filed with and resolved by the commission.
13-21 (c) The commission shall make the information required to be
13-22 printed or prepared under this section and any other material that
13-23 the commission determines to be relevant and suitable for
13-24 distribution available to the public and appropriate state
13-25 agencies.
13-26 (Sections 301.067-301.070 reserved for expansion
13-27 <Sections 202.067-202.070 reserved for expansion>
14-1 SUBCHAPTER E. INVESTIGATIVE AND SUBPOENA POWERS
14-2 Sec. 301.071 <202.071>. Investigative and Subpoena Powers.
14-3 (a) In discharging duties imposed under Subtitle A <this
14-4 subtitle>, an appeal tribunal established under Section 212.101, a
14-5 member of the commission, or a representative authorized by the
14-6 commission may:
14-7 (1) administer oaths;
14-8 (2) take depositions;
14-9 (3) certify to official acts; and
14-10 (4) issue subpoenas to compel the attendance of
14-11 witnesses and the production of books, papers, correspondence,
14-12 memoranda, and other records considered necessary as evidence in
14-13 connection with a disputed claim or the administration of Subtitle
14-14 A <this subtitle>.
14-15 (b) The commission's authority to conduct an investigation,
14-16 assemble information, or require the submission of documentary or
14-17 oral testimony is limited to the power necessary to properly
14-18 administer Subtitle A <this subtitle>.
14-19 (c) Notwithstanding Section 154.004, Local Government Code,
14-20 or any other law, the commission shall pay the fee of a sheriff or
14-21 constable who serves a subpoena under this section. The fee shall
14-22 be paid from the commission's administrative funds, and the
14-23 comptroller shall issue a warrant for the fee as directed by the
14-24 commission.
14-25 Sec. 301.072 <202.072>. Enforcement of Subpoena; Offense;
14-26 Penalties. (a) If a person is guilty of contumacy or refuses to
14-27 obey a subpoena issued by a member of the commission or an
15-1 authorized representative of the commission, a county or district
15-2 court, on application by the commission or its authorized
15-3 representative, may order the person to appear before a member of
15-4 the commission, the commission, or its authorized representative to
15-5 produce evidence or give testimony regarding the matter under
15-6 investigation or in question. Only a court within the jurisdiction
15-7 where the commission conducts the inquiry or where the person is
15-8 found, resides, or transacts business may issue the order.
15-9 (b) Failure to obey a court order issued under Subsection
15-10 (a) is punishable as contempt.
15-11 (c) A person commits an offense if the person, without just
15-12 cause, does not obey a subpoena of the commission. An offense
15-13 under this subsection is punishable by a fine of not less than
15-14 $200, by confinement for not more than 60 days, or by both fine and
15-15 confinement. Each day of violation constitutes a separate offense.
15-16 Sec. 301.073 <202.073>. Self-Incrimination. (a) In any
15-17 cause or proceeding before the commission, a person is not excused
15-18 from attending and testifying, from producing books, papers,
15-19 correspondence, memoranda, and other records, or from obeying a
15-20 subpoena of the commission, a member of the commission, or a
15-21 representative of the commission on the ground that the testimony
15-22 or evidence, documentary or otherwise, may tend to incriminate the
15-23 person or subject the person to a penalty or forfeiture.
15-24 (b) A person may not be prosecuted or subjected to penalty
15-25 or forfeiture for or because of a transaction or thing for which
15-26 the person is compelled to testify or produce evidence after having
15-27 claimed a privilege against self-incrimination except for perjury.
16-1 Sec. 301.074 <202.074>. Defamation. An oral or written
16-2 statement made to the commission or to an employee of the
16-3 commission in connection with the discharge of the commission's or
16-4 the employee's duties under Subtitle A <this subtitle> may not be
16-5 the basis for an action for defamation of character.
16-6 (Sections 301.075-301.080 reserved for expansion
16-7 <Sections 202.075-202.080 reserved for expansion>
16-8 SUBCHAPTER F. EMPLOYMENT SERVICE
16-9 Sec. 301.081 <202.081>. Texas State Employment Service.
16-10 (a) The Texas State Employment Service is a division of the
16-11 commission.
16-12 (b) The commission, through the division, shall establish
16-13 and maintain free public employment offices as necessary to perform
16-14 the commission's duties under the Wagner-Peyser Act (29 U.S.C.
16-15 Section 49 et seq.). The number and locations of the public
16-16 employment offices shall be determined by the commission as
16-17 necessary for the proper administration of this title <subtitle>.
16-18 Sec. 301.082 <202.082>. Employment Services Agreements.
16-19 (a) To establish and maintain public employment offices under this
16-20 subchapter, the commission may enter into an agreement with any
16-21 political subdivision of the state or with a private or nonprofit
16-22 organization and, as a part of the agreement, accept money,
16-23 services, or quarters as a contribution to the employment service
16-24 account.
16-25 (b) To establish and maintain, or assist in the
16-26 establishment and maintenance of, public employment offices within
16-27 a county or other political subdivision of this state, the
17-1 commissioners court of the county or the governing body of the
17-2 other political subdivision may enter into agreements with the
17-3 Texas State Employment Service on terms and conditions agreed to by
17-4 the commissioners court or other governing body and the Texas State
17-5 Employment Service. The county or other political subdivision may
17-6 employ means and appropriate and spend funds as necessary to
17-7 establish and operate the public employment offices, and may
17-8 provide, as part of the agreement, payment for:
17-9 (1) the rent of premises;
17-10 (2) services rendered;
17-11 (3) the purchase of equipment; and
17-12 (4) any other purpose considered advisable by the
17-13 commissioners court or other governing body.
17-14 (c) The penalty provisions of Subtitle A <this subtitle>,
17-15 including the provisions of Chapters 213 and 214, do not apply to
17-16 an action or omission under Subsection (b).
17-17 (Sections 301.083-301.090 reserved for expansion
17-18 <Sections 202.083-202.090 reserved for expansion>
17-19 SUBCHAPTER G. RECORDS
17-20 Sec. 301.091 <202.091>. Employee Records of Employing Unit;
17-21 Offense; Penalty. (a) Each employing unit shall keep employment
17-22 records containing information as prescribed by the commission and
17-23 as necessary for the proper administration of this title
17-24 <subtitle>. The records are open to inspection and may be copied
17-25 by the commission or an authorized representative of the commission
17-26 at any reasonable time and as often as necessary.
17-27 (b) The commission may require from an employing unit sworn
18-1 or unsworn reports regarding persons employed by the employing unit
18-2 as necessary for the effective administration of this title
18-3 <subtitle>.
18-4 (c) Employment information thus obtained or otherwise
18-5 secured may not be published and is not open to public inspection,
18-6 other than to a public employee in the performance of public
18-7 duties, except as the commission considers necessary for the proper
18-8 administration of this title <subtitle>.
18-9 (d) A person commits an offense if the person is an employee
18-10 or member of the commission who violates any provision of this
18-11 section. An offense under this subsection is punishable by a fine
18-12 of not less than $20 nor more than $200, confinement in jail for
18-13 not more than 90 days, or both fine and confinement.
18-14 Sec. 301.092 <202.092>. Copies of Records. (a) The
18-15 commission may furnish a photostatic or certified copy of a record
18-16 in its possession to a person entitled to receive a copy of the
18-17 record on application by the person.
18-18 (b) The commission shall charge a reasonable fee in an
18-19 amount set by the commission for a copy of a record furnished under
18-20 this section.
18-21 Sec. 301.093 <202.093>. Access to Records by Railroad
18-22 Retirement Board. (a) The commission may make state records
18-23 relating to the administration of Subtitle A <this subtitle>
18-24 available to the Railroad Retirement Board.
18-25 (b) The commission may furnish the Railroad Retirement Board
18-26 with copies of the records requested by the board at the board's
18-27 expense.
19-1 Sec. 301.094 <202.094>. DESTRUCTION OF RECORDS. The
19-2 commission may destroy any of its records under safeguards that
19-3 protect the confidential nature of the records if the commission:
19-4 (1) determines that the records no longer serve a
19-5 legal, administrative, or other useful purpose; or
19-6 (2) has made an authentic reproduction of the records
19-7 to be destroyed.
19-8 SECTION 1.03. Subtitle B, Title 4, Labor Code, is amended by
19-9 adding new Chapters 302 and 303 to read as follows:
19-10 CHAPTER 302. DIVISION OF WORKFORCE DEVELOPMENT
19-11 SUBCHAPTER A. GENERAL PROVISIONS
19-12 Sec. 302.001. DEFINITIONS. In this chapter:
19-13 (1) "Council" means the Council on Workforce and
19-14 Economic Competitiveness.
19-15 (2) "Director" means the director of the division.
19-16 (3) "Division" means the division of workforce
19-17 development of the commission.
19-18 Sec. 302.002. GENERAL WORKFORCE DEVELOPMENT POWERS AND
19-19 DUTIES OF COMMISSION. (a) The commission shall:
19-20 (1) to the extent feasible under federal law,
19-21 consolidate the administrative and programmatic functions of the
19-22 programs under the authority of the commission to achieve efficient
19-23 and effective delivery of services;
19-24 (2) administer each program and implement
19-25 corresponding federal and state legislation consolidated under the
19-26 authority of the commission under this chapter and other applicable
19-27 state law;
20-1 (3) determine the organization and methods of
20-2 procedure of the division in accordance with applicable state and
20-3 federal legislation;
20-4 (4) appoint and prescribe the duties of all officers,
20-5 administrators, accountants, attorneys, experts, and other
20-6 employees as necessary in the performance of the division's duties;
20-7 (5) delegate authority to persons appointed under this
20-8 section as the commission considers reasonable and proper for the
20-9 effective administration of the division;
20-10 (6) adopt rules in accordance with Chapter 2001,
20-11 Government Code, as necessary for the proper administration of the
20-12 division;
20-13 (7) bond any person who handles money or signs checks
20-14 for the division;
20-15 (8) implement workforce training and services policies
20-16 and programs, consistent with recommendations from the council and
20-17 as approved by the governor;
20-18 (9) serve as an advocate at the state and federal
20-19 levels for local workforce development boards;
20-20 (10) contract with local workforce development boards
20-21 for program planning and service delivery;
20-22 (11) provide training and professional development
20-23 services for division staff, local workforce development boards,
20-24 and the staff of those boards;
20-25 (12) support research and demonstration projects
20-26 designed to develop new programs and approaches to service
20-27 delivery;
21-1 (13) provide technical assistance and support to local
21-2 workforce development boards;
21-3 (14) prepare and submit an annual agency performance
21-4 report to the governor, the legislature, and the council; and
21-5 (15) perform other functions and duties as may be
21-6 required by law or assigned by the governor.
21-7 (b) The commission may adopt rules, make expenditures, enter
21-8 into contracts with public, private, and nonprofit organizations,
21-9 require reports, conduct investigations, and take other action the
21-10 commission considers necessary or suitable to fulfill the
21-11 division's administrative duties.
21-12 (c) The commission may obligate funds from the skills
21-13 development fund in a manner consistent with the rules adopted for
21-14 those programs. The commission shall report to the governor, the
21-15 legislature, and the council on a quarterly basis regarding
21-16 actions taken under this subsection.
21-17 (Sections 302.003-302.020 reserved for expansion
21-18 SUBCHAPTER B. JURISDICTION OF DIVISION OF
21-19 WORKFORCE DEVELOPMENT
21-20 Sec. 302.021. CONSOLIDATION OF WORKFORCE DEVELOPMENT
21-21 PROGRAMS. (a) The following job-training, employment, and
21-22 employment-related educational programs are consolidated under the
21-23 authority of the division:
21-24 (1) adult education programs under Section 11.18,
21-25 Education Code;
21-26 (2) proprietary schools programs under Chapter 32,
21-27 Education Code;
22-1 (3) apprenticeship programs under Chapter 33,
22-2 Education Code;
22-3 (4) the employment incentive programs under Chapter
22-4 31, Human Resources Code;
22-5 (5) the employment program under Chapter 101, Human
22-6 Resources Code;
22-7 (6) the work and family policies program under Chapter
22-8 81;
22-9 (7) job-training programs funded under the Job
22-10 Training Partnership Act (29 U.S.C. Section 1501 et seq.);
22-11 (8) the job counseling program for displaced
22-12 homemakers under Chapter 304;
22-13 (9) the Communities in Schools program under Chapter
22-14 305;
22-15 (10) the reintegration of offenders program under
22-16 Chapter 306;
22-17 (11) the inmate employment counseling program under
22-18 Section 499.051(f), Government Code;
22-19 (12) the continuity of care program under Section
22-20 501.095, Government Code;
22-21 (13) a literacy program from funds available to the
22-22 state under Section 481.026, Government Code;
22-23 (14) the driver and traffic safety program under the
22-24 Texas Driver and Traffic Safety Education Act (Article 4413(29c),
22-25 Vernon's Texas Civil Statutes);
22-26 (15) the community service program under the National
22-27 and Community Service Act of 1990 (42 U.S.C. Section 12501 et
23-1 seq.);
23-2 (16) the trade adjustment assistance program under
23-3 Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
23-4 seq.);
23-5 (17) the Job Opportunities and Basic Skills program
23-6 under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
23-7 682); and
23-8 (18) the food stamp employment and training program
23-9 authorized under 7 U.S.C. Section 2015(d).
23-10 (b) In addition to the programs consolidated under the
23-11 authority of the division under Subsection (a), the division shall
23-12 administer:
23-13 (1) programs in this state to enhance the employment
23-14 opportunities of veterans of the armed services of the United
23-15 States, including the employment program funded under Chapters 41
23-16 and 42, Title 38, United States Code; and
23-17 (2) employment-related child-care services.
23-18 (c) To the extent permitted under federal law, the division
23-19 shall administer the programs funded through the education
23-20 coordination funds under Section 123, Job Training Partnership Act
23-21 (29 U.S.C. Section 1533).
23-22 Sec. 302.022. CLIENT ACCESSIBILITY. The director shall
23-23 develop a uniform, statewide client application and enrollment
23-24 process to determine an applicant's eligibility for workforce
23-25 training and services funded through the department.
23-26 Sec. 302.023. INTEGRATION OF PROGRAM ADMINISTRATION. (a)
23-27 The director shall develop a plan for the integration of the
24-1 administrative and program functions of the various job-training,
24-2 education, and employment programs under the jurisdiction and
24-3 authority of the division.
24-4 (b) The plan under Subsection (a) shall specify dates by
24-5 which integration of the various functions must be completed. To
24-6 the extent possible, the plan shall be based on existing state and
24-7 federal funds and designed to minimize the disruption of services
24-8 at the local level.
24-9 (c) The plan under Subsection (a) shall be developed and
24-10 submitted to the governor, the legislature, and the council not
24-11 later than December 1, 1996.
24-12 (d) This section expires January 1, 1997.
24-13 (Sections 302.024-302.040 reserved for expansion
24-14 SUBCHAPTER C. STATE-LOCAL PLANNING; LOCAL
24-15 WORKFORCE DEVELOPMENT BOARDS
24-16 Sec. 302.041. STATE-LOCAL PLANNING PROCESS. The director
24-17 shall design and implement a state-local planning process for
24-18 workforce training and services provided through the programs under
24-19 the jurisdiction of the division.
24-20 Sec. 302.042. REVIEW OF LOCAL PLANS; RECOMMENDATIONS. The
24-21 commission shall review the local workforce training and services
24-22 plans developed under Section 4.05, Workforce and Economic
24-23 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
24-24 Statutes), and shall make recommendations to the council regarding
24-25 the implementation of those plans.
24-26 Sec. 302.043. TRAINING FOR LOCAL WORKFORCE DEVELOPMENT BOARD
24-27 MEMBERS. (a) The division shall provide management and board
25-1 development training for all members of local workforce development
25-2 boards that includes information regarding the importance of
25-3 high-quality workforces to the economic prosperity of their
25-4 communities and encourages board members to be advocates in their
25-5 communities for effective and efficient workforce development
25-6 programs. If a member of a local workforce development board does
25-7 not receive training under this section before the 91st day after
25-8 the date on which the member begins service on the board, the
25-9 person is ineligible to continue serving on the board.
25-10 (b) Training may be provided directly by the division or by
25-11 a third party that has demonstrated experience in providing
25-12 training to local workforce development or similar boards.
25-13 (c) A local workforce development board shall provide at
25-14 least 25 percent of the costs for the management and board
25-15 development training of its members.
25-16 (Sections 302.044-302.060 reserved for expansion
25-17 SUBCHAPTER D. ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
25-18 Sec. 302.061. ADMINISTRATION FUNDING. Unless superseded by
25-19 federal or other state law, the commission may use an amount not to
25-20 exceed 20 percent of the amount of funds available to the
25-21 commission for workforce training and services to implement
25-22 state-level responsibilities, including administration, research
25-23 and planning, system design and development, and training and
25-24 technical assistance.
25-25 Sec. 302.062. BLOCK GRANTS TO LOCAL WORKFORCE DEVELOPMENT
25-26 AREAS. (a) The commission shall provide to the local workforce
25-27 development areas in which local workforce development boards have
26-1 been formed, through a block grant process, not less than 80
26-2 percent of the funds available to the commission for workforce
26-3 training and services, unless superseded by federal or state law.
26-4 (b) In the case of funds that, as of May 31, 1995, are
26-5 allocated to this state or regions of this state through the
26-6 application of established formulas, the commission shall allocate
26-7 amounts across the state using the same formula that was used to
26-8 provide the funds to the state or that region.
26-9 (c) In the case of funds that are not allocated by formula
26-10 to this state or regions of this state, the commission shall
26-11 develop a need-based formula that will equitably allocate funds
26-12 among local workforce development areas throughout this state.
26-13 (d) In any state fiscal biennium, the commission may not
26-14 allocate to a local workforce development area less than 90 percent
26-15 or more than 125 percent of the amount received by that area during
26-16 the preceding state fiscal biennium.
26-17 (e) In areas of the state not yet designated as local
26-18 workforce development areas or in areas of the state that have been
26-19 so designated but in which local workforce development boards have
26-20 not been formed, the commission shall provide workforce training
26-21 and services in those areas to the extent allowed by federal law.
26-22 Sec. 302.063. WAIVERS. The commission shall develop
26-23 objective criteria for the granting of waivers allowed under this
26-24 chapter.
26-25 CHAPTER 303. SKILLS DEVELOPMENT FUND
26-26 Sec. 303.001. PURPOSE. The purpose of this chapter is to
26-27 remove administrative barriers that impede the response of
27-1 community and technical colleges to industry training needs and to
27-2 develop incentives for community and technical colleges to provide
27-3 customized training in a timely and efficient manner.
27-4 Sec. 303.002. WAIVER. (a) The commission may review and
27-5 recommend to the legislature the waiver of any requirements set
27-6 forth in Title 3, Education Code, as they may apply to community
27-7 and technical colleges, that impede the ability of such a college
27-8 to develop in a timely manner customized training for demand
27-9 occupations in particular industries, including statutes or
27-10 regulations limiting costs that may be recovered by a community or
27-11 technical college from state funds.
27-12 (b) A community or technical college may recover customized
27-13 training costs incurred by the college if:
27-14 (1) the number and kind of jobs available for
27-15 individuals receiving customized training is sufficient to support
27-16 the customized training course offered by the college; and
27-17 (2) the wages available for individuals who
27-18 successfully complete customized training at a community or
27-19 technical college are comparable to the wages of individuals who
27-20 received similar skills and training through the employer or
27-21 private trainer.
27-22 Sec. 303.003. SKILLS DEVELOPMENT FUND. (a) To achieve the
27-23 purposes of this chapter, the skills development fund is created
27-24 from money in the general revenue fund.
27-25 (b) The skills development fund may be used by community and
27-26 technical colleges as start-up or emergency funds for the following
27-27 job-training purposes:
28-1 (1) developing customized training programs for
28-2 businesses and trade unions; and
28-3 (2) sponsoring small and medium-sized business
28-4 networks.
28-5 (c) The commission, or a person appointed by the commission
28-6 who is knowledgeable in the administration of grants, is
28-7 responsible for the distribution of money from the skills
28-8 development fund.
28-9 Sec. 303.004. FUND REVIEW. The Texas Higher Education
28-10 Coordinating Board shall review all customized training programs
28-11 biennially to verify that state funds are being used appropriately
28-12 by community and technical colleges under this chapter.
28-13 SECTION 1.04. Chapter 302, Labor Code, is redesignated as
28-14 Chapter 304, Labor Code, and amended to read as follows:
28-15 CHAPTER 304 <302>. EMPLOYMENT
28-16 COUNSELING FOR DISPLACED HOMEMAKERS
28-17 Sec. 304.001. DEFINITION <302.001. DEFINITIONS>. In this
28-18 chapter, "displaced<:>
28-19 <(1) "Commission" means the Texas Employment
28-20 Commission.>
28-21 <(2) "Displaced> homemaker" means a person who:
28-22 (1) <(A)> has worked without pay as a homemaker for
28-23 the person's family;
28-24 (2) <(B)> is not gainfully employed;
28-25 (3) <(C)> has had, or would have, difficulty in
28-26 obtaining employment; and
28-27 (4) <(D)> has depended on:
29-1 (A) <(i)> the income of a family member for
29-2 financial support and has lost that income; or
29-3 (B) <(ii)> government assistance as the parent
29-4 of dependent children and is no longer eligible for that
29-5 assistance.
29-6 Sec. 304.002 <302.002>. JOB COUNSELING PROGRAM. (a) The
29-7 commission, through a special assistance job counseling program,
29-8 shall:
29-9 (1) provide counseling for displaced homemakers;
29-10 (2) assist displaced homemakers in obtaining training
29-11 and education; and
29-12 (3) place displaced homemakers in suitable employment.
29-13 (b) The counseling must:
29-14 (1) consider and build on the skills and experiences
29-15 of the homemaker; and
29-16 (2) prepare the person, through employment counseling,
29-17 to reenter the paid work force and develop and improve job skills.
29-18 (c) The commission shall design the program specifically for
29-19 persons reentering the paid work force after a number of years as
29-20 homemakers to enable them to assume or resume a valuable role in
29-21 the paid work force commensurate with the homemakers' talents and
29-22 abilities.
29-23 (d) The commission may not charge a fee for participation in
29-24 the program by a displaced homemaker.
29-25 Sec. 304.003 <302.003>. PERSONNEL; OFFICE. The commission
29-26 shall use its personnel, services, facilities, and equipment to
29-27 operate the job counseling program.
30-1 Sec. 304.004 <302.004>. COOPERATION BY STATE AGENCIES AND
30-2 POLITICAL SUBDIVISIONS. State agencies and political subdivisions
30-3 of the state shall cooperate with the commission in obtaining
30-4 suitable employment for displaced homemakers counseled by the
30-5 commission.
30-6 SECTION 1.05. Chapter 216, Labor Code, is moved from
30-7 Subtitle A, Title 4, Labor Code, to Subtitle B of that title,
30-8 redesignated as Chapter 305, Labor Code, and amended to read as
30-9 follows:
30-10 CHAPTER 305 <216>. COMMUNITIES IN SCHOOLS PROGRAM
30-11 SUBCHAPTER A. GENERAL PROVISIONS
30-12 Sec. 305.001 <216.001>. DEFINITIONS. In this chapter:
30-13 (1) "Agency" means the Central Education Agency.
30-14 (2) "Communities in Schools program" means an
30-15 exemplary youth dropout prevention program.
30-16 Sec. 305.002 <216.002>. STATEWIDE OPERATION OF PROGRAM. It
30-17 is the intent of the legislature that the Communities in Schools
30-18 program operate throughout this state.
30-19 (Sections 305.003-305.010 <216.003-216.010>
30-20 reserved for expansion)
30-21 SUBCHAPTER B. OPERATION OF PROGRAM
30-22 Sec. 305.011 <216.011>. STATE COORDINATOR. The executive
30-23 director <administrator> of the commission shall appoint a state
30-24 coordinator for the Communities in Schools program.
30-25 Sec. 305.012 <216.012>. DUTIES OF STATE COORDINATOR. The
30-26 state coordinator shall:
30-27 (1) coordinate the efforts of social service
31-1 organizations and agencies and of public school personnel to
31-2 provide services to students who are at risk of dropping out of
31-3 school or engaging in delinquent conduct;
31-4 (2) set standards for the Communities in Schools
31-5 program;
31-6 (3) obtain information from each participating school
31-7 district to determine necessary program changes;
31-8 (4) promote and market the program in communities in
31-9 which the program is not established;
31-10 (5) help communities that want to participate in the
31-11 program establish a local funding base; and
31-12 (6) train a program director for each participating
31-13 community.
31-14 Sec. 305.013 <216.013>. AGENCY COOPERATION; MEMORANDUM OF
31-15 UNDERSTANDING. (a) The agency and the commission shall work
31-16 together to maximize the effectiveness of the Communities in
31-17 Schools program.
31-18 (b) The agency and the commission shall develop and mutually
31-19 agree to a memorandum of understanding to clearly define the
31-20 responsibilities of each agency under this chapter. The memorandum
31-21 must address:
31-22 (1) the role of the commission in encouraging local
31-23 business to participate in local Communities in Schools programs;
31-24 (2) the role of the agency in obtaining information
31-25 from participating school districts;
31-26 (3) the use of federal or state funds available to the
31-27 agency or the commission for programs of this nature; and
32-1 (4) other areas identified by the agency and the
32-2 commission that require clarification.
32-3 (c) The agency and the commission shall adopt rules to
32-4 implement the memorandum and shall update the memorandum and rules
32-5 annually.
32-6 (Sections 305.014-305.020 <216.014-216.020>
32-7 reserved for expansion)
32-8 SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS
32-9 Sec. 305.021 <216.021>. DESIGNATION OF PARTICIPATING
32-10 SCHOOLS. (a) The state coordinator, in cooperation with the
32-11 program directors in the counties or cities in which a Communities
32-12 in Schools program is <was> established on September 1, 1993
32-13 <1991>, shall designate <not more than 32 elementary schools and 76
32-14 secondary schools in those counties> to participate in the program:
32-15 (1) the campuses designated on September 1, 1991, for
32-16 original participation in the program for continuation in the
32-17 program; and
32-18 (2) not more than 135 additional elementary and
32-19 secondary schools in those counties or cities.
32-20 (b) The state coordinator, in cooperation with the program
32-21 directors in six <four> additional counties or cities designated by
32-22 the state coordinator, shall designate additional elementary and
32-23 secondary schools to participate in the Communities in Schools
32-24 program.
32-25 (c) The designation of secondary schools to participate in
32-26 the Communities in Schools program must be distributed among high
32-27 schools and junior high or middle schools.
33-1 Sec. 305.022 <216.022>. PARTICIPATION IN PROGRAM. An
33-2 elementary or secondary school designated under Section 305.021
33-3 <216.021> shall participate in the Communities in Schools program
33-4 if the number of students enrolled in the school who are at risk of
33-5 dropping out of school is equal to at least 10 percent of the
33-6 number of students in average daily attendance at the school, as
33-7 determined by the agency.
33-8 (Sections 305.023-305.030 <216.023-216.030>
33-9 reserved for expansion)
33-10 SUBCHAPTER D. PROGRAM FUNDING
33-11 Sec. 305.031 <216.031>. DONATIONS TO PROGRAM. (a) The
33-12 commission may accept a donation of services or money or other
33-13 property that the commission determines furthers the lawful
33-14 objectives of the commission in connection with the Communities in
33-15 Schools program.
33-16 (b) Donations must be accepted in an open meeting by a
33-17 majority of the voting members of the commission. The donation,
33-18 with the name of the donor and the purpose of the donation, must be
33-19 reported in the public records of the commission.
33-20 SECTION 1.06. Chapter 217, Labor Code, is moved from
33-21 Subtitle A, Title 4, Labor Code, to Subtitle B of that title,
33-22 redesignated as Chapter 306, Labor Code, and amended to read as
33-23 follows:
33-24 CHAPTER 306 <217>. PROJECT RIO (REINTEGRATION OF OFFENDERS)
33-25 Sec. 306.001 <217.001>. DEFINITIONS. In this chapter:
33-26 (1) "Department" means the Texas Department of
33-27 Criminal Justice.
34-1 (2) "Institutional division" means the institutional
34-2 division of the department.
34-3 (3) "Project RIO" means the project for reintegration
34-4 of offenders.
34-5 Sec. 306.002 <217.002>. PROJECT RIO. The project for
34-6 reintegration of offenders is a statewide employment referral
34-7 program designed to reintegrate into the labor force persons
34-8 formerly confined in the institutional division.
34-9 Sec. 306.003 <217.003>. ADMINISTRATION. The department and
34-10 the commission shall cooperate to maximize the effectiveness of
34-11 Project RIO. For that purpose, the commission shall administer the
34-12 project.
34-13 Sec. 306.004 <217.004>. MEMORANDUM OF UNDERSTANDING--
34-14 ADOPTION. (a) The department and the commission shall adopt a
34-15 memorandum of understanding that establishes the respective
34-16 responsibilities of each agency and of the divisions within the
34-17 department.
34-18 (b) The commission shall coordinate the development of the
34-19 memorandum of understanding. The department shall adopt rules as
34-20 necessary to implement the memorandum and may amend the memorandum
34-21 and those rules as necessary.
34-22 Sec. 306.005 <217.005>. MEMORANDUM OF UNDERSTANDING--
34-23 CONTENTS. <(a)> The memorandum of understanding must establish
34-24 the role of:
34-25 (1) the institutional division in ascertaining and
34-26 encouraging an inmate's chances for employment by:
34-27 (A) providing vocational and educational
35-1 assessment for the person while incarcerated in the division;
35-2 (B) developing a skills enhancement program for
35-3 the person while incarcerated, in cooperation with other
35-4 governmental, educational, and private entities, using available
35-5 public or private financial resources authorized by statute; and
35-6 (C) referring the person on release to the
35-7 project through the person's parole officer;
35-8 (2) the community justice assistance division and the
35-9 pardons and paroles division of the department in:
35-10 (A) encouraging and referring persons to the
35-11 project; and
35-12 (B) ensuring that those persons participate in
35-13 the project and avail themselves of its services; and
35-14 (3) the commission in developing and maintaining a
35-15 statewide network for finding positions of employment that require
35-16 the skills possessed by project participants and in helping those
35-17 participants to secure employment.
35-18 <(b) The memorandum also must establish the methods by which
35-19 the commission shall coordinate its efforts under this chapter with
35-20 the operations of service providers operating under Chapter 301
35-21 (Texas Job-Training Partnership Act).>
35-22 Sec. 306.006 <217.006>. PROJECT DIRECTOR. (a) The
35-23 executive director <administrator> of the commission shall
35-24 designate the director of Project RIO to coordinate the efforts of
35-25 the affected state agencies and expedite the delivery of services
35-26 to participants in the project, including prospective employers.
35-27 (b) The project director shall:
36-1 (1) propose, for adoption by the commission, standards
36-2 and guidelines for the operation of the project;
36-3 (2) obtain information from appropriate state agencies
36-4 and offices affiliated with the project to determine any necessary
36-5 changes in the project;
36-6 (3) disseminate information statewide about the
36-7 project; and
36-8 (4) train commission staff to assist in the operation
36-9 of affiliated services.
36-10 SECTION 1.07. Section 201.002, Labor Code, is repealed.
36-11 ARTICLE 2. CONFORMING AMENDMENTS--WORKFORCE AND
36-12 ECONOMIC COMPETITIVENESS ACT
36-13 SECTION 2.01. Section 1.04, Workforce and Economic
36-14 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
36-15 Statutes), is amended to read as follows:
36-16 Sec. 1.04. DEFINITIONS. In this Act:
36-17 (1) "Council" means the Council on Workforce and
36-18 Economic Competitiveness.
36-19 (2) "Division" means the division of workforce
36-20 development of the Texas Employment Commission.
36-21 (3) "Human resource investment council" means a human
36-22 resource investment council under the Job Training Reform
36-23 Amendments Act of 1992 (Pub. L. No. 102-367, Section 701 et
36-24 seq.).
36-25 (4) "Local labor market" means an economically
36-26 integrated geographical area within which individuals may reside
36-27 and find employment within a reasonable distance.
37-1 (5) <(3)> "Program year" means July 1 to June 30.
37-2 (6) <(4)> "Workforce development" includes workforce
37-3 education programs and workforce training and services.
37-4 (7) <(5)> "Workforce education" means articulated
37-5 career-path programs and the constituent courses of those programs
37-6 that lead to initial or continuing licensure or certification or
37-7 associate degree-level accreditation and that are subject to:
37-8 (A) initial and ongoing state approval or
37-9 regional or specialized accreditation;
37-10 (B) a formal state evaluation that provides the
37-11 basis for program continuation or termination;
37-12 (C) state accountability and performance
37-13 standards; and
37-14 (D) regional or statewide employer-driven labor
37-15 market demand documentation.
37-16 (8) <(6)> "Workforce training and services" means
37-17 training and services programs that are not included within the
37-18 definition of workforce education.
37-19 SECTION 2.02. Section 2.01, Workforce and Economic
37-20 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
37-21 Statutes), is amended to read as follows:
37-22 Sec. 2.01. CREATION OF COUNCIL. (a) The Council on
37-23 Workforce and Economic Competitiveness is created <as a state
37-24 agency> to act as a human resources investment council.
37-25 (b) The council is attached for administrative purposes to
37-26 the General Services Commission.
37-27 SECTION 2.03. Section 2.02(b), Workforce and Economic
38-1 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
38-2 Statutes), is amended to read as follows:
38-3 (b) The council shall be composed of:
38-4 (1) three <the following ex officio voting members:>
38-5 <(A) the commissioner of education;>
38-6 <(B) the commissioner of higher education;>
38-7 <(C) the commissioner of health and human
38-8 services;>
38-9 <(D) the executive director of the Texas
38-10 Department of Commerce; and>
38-11 <(E) the administrator of the Texas Employment
38-12 Commission;>
38-13 <(2) six> voting members appointed by the governor who
38-14 represent education, <at least> one of whom represents local public
38-15 education, one of whom represents public postsecondary education,
38-16 <one of whom represents secondary vocational education,> and one of
38-17 whom represents <postsecondary> vocational education;
38-18 (2) five <(3) seven> voting members who represent
38-19 organized labor appointed by the governor based on recommendations
38-20 made by recognized labor organizations;
38-21 (3) five <(4) seven> voting members appointed by the
38-22 governor who represent business and industry, including business
38-23 members serving on local workforce development boards or private
38-24 industry councils;
38-25 (4) <(5)> one voting member appointed by the governor
38-26 who represents a community-based organization; and
38-27 (5) <(6) one voting member appointed by the governor
39-1 who represents a joint-sponsored apprenticeship program as defined
39-2 by the United States Department of Labor's Bureau of Apprenticeship
39-3 and Training appointed from a list of three nominees submitted to
39-4 the governor by the Apprenticeship and Training Association of
39-5 Texas;>
39-6 <(7) one voting member appointed by the governor who
39-7 represents a community-based adult literacy organization;>
39-8 <(8) one voting member appointed by the governor who
39-9 represents adult basic and continuing education programs;>
39-10 <(9) six voting members appointed by the governor each
39-11 of whom represents not more than one of the following categories:>
39-12 <(A) literacy groups;>
39-13 <(B) local welfare or public housing agencies;>
39-14 <(C) units of local government;>
39-15 <(D) adult education organizations;>
39-16 <(E) teachers or counselors;>
39-17 <(F) local service delivery organizations;>
39-18 <(G) special needs populations;>
39-19 <(H) rural and agricultural organizations;>
39-20 <(I) proprietary schools;>
39-21 <(J) members of the state legislature; and>
39-22 <(K) other groups and organizations; and>
39-23 <(10)> the following ex officio voting <nonvoting>
39-24 members:
39-25 (A) the chair of the State Board of Education;
39-26 (B) the chair of the Texas Higher Education
39-27 Coordinating Board;
40-1 (C) the presiding officer of the Texas Board of
40-2 Human Services;
40-3 (D) <the presiding officer of the governing
40-4 board of the Texas Department of Commerce;>
40-5 <(E)> the member <chair> of the Texas Employment
40-6 Commission who represents labor; and
40-7 (E) the member of the Texas Employment
40-8 Commission who represents employers
40-9 <(F) the commissioner of the Texas
40-10 Rehabilitation Commission; and>
40-11 <(G) the executive director of the Texas
40-12 Commission for the Blind>.
40-13 SECTION 2.04. Section 2.03(b), Workforce and Economic
40-14 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
40-15 Statutes), is amended to read as follows:
40-16 (b) A member of the council who does not serve as an ex
40-17 officio member serves a four-year <six year> term, with one-half
40-18 <one-third> of those members' terms expiring in each odd-numbered
40-19 year. An ex officio member shall continue to serve as a member of
40-20 the council as long as the member continues to serve in the
40-21 designated office.
40-22 SECTION 2.05. Section 2.06(a), Workforce and Economic
40-23 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
40-24 Statutes), is amended to read as follows:
40-25 (a) The council shall:
40-26 (1) promote the development of a well-educated, highly
40-27 skilled workforce in this state <through literacy, adult basic
41-1 education, community education, apprenticeship, and
41-2 state-of-the-art occupational skills education and training
41-3 programs>;
41-4 (2) <serve as an> advocate <for> the development of an
41-5 integrated workforce development system to provide quality services
41-6 addressing the needs of business and workers in this state;
41-7 (3) <promote and assist in the development of an
41-8 industry-based skills standards and certification system for
41-9 occupations requiring less than a baccalaureate-level education and
41-10 training;>
41-11 <(4) promote the development of high productivity
41-12 workplaces in this state;>
41-13 <(5) recommend to the governor the components of a
41-14 school and training-to-work transition process;>
41-15 <(6)> develop and recommend to the governor a single
41-16 strategic plan that establishes the framework for the budgeting and
41-17 operation of all workforce development programs, including school
41-18 to work transition programs, administered by agencies represented
41-19 on the council;
41-20 (4) <(7)> recommend to the governor the designation or
41-21 redesignation of workforce development areas for the local planning
41-22 and delivery of workforce development programs;
41-23 (5) <(8)> identify and recommend to the governor
41-24 incentives to encourage the consolidation, on a regional labor
41-25 market basis, of:
41-26 (A) local boards, councils, and committees; and
41-27 (B) service delivery areas authorized under the
42-1 Job Training Partnership Act (29 U.S.C. Sec. 1501 et seq.);
42-2 (6) <(9) design and implement a state-local planning
42-3 process for the state's workforce training and services programs;>
42-4 <(10)> review local workforce training and services
42-5 plans and make recommendations to the governor for approval;
42-6 (7) evaluate <(11) implement a statewide system for
42-7 evaluating> the effectiveness of all workforce development programs
42-8 using the administrative records of the state's unemployment
42-9 compensation program and other sources as appropriate;
42-10 (8) <(12)> support research and demonstration projects
42-11 designed to develop new programs and approaches to service
42-12 delivery;
42-13 (9) design, oversee, <(13) provide for training and
42-14 professional development for council members, local chief elected
42-15 officials, workforce development boards and staff, and private
42-16 industry councils and staff;>
42-17 <(14) serve as an advocate at the state and federal
42-18 levels for the local workforce development boards;>
42-19 <(15) establish> and manage <operate> a statewide
42-20 comprehensive labor market information system that serves
42-21 employers, students, workers, and state and local planning
42-22 organizations;
42-23 (10) <(16)> ensure that occupational skills training
42-24 is provided in occupations that are currently in demand at the
42-25 local level and is directed toward high-skill and high-wage jobs;
42-26 (11) <(17) develop and recommend to the governor and
42-27 legislature not later than November 15, 1994, a plan for
43-1 consolidating all workforce development programs in this state;>
43-2 <(18)> oversee the operation of the state's workforce
43-3 development programs to assess the degree to which the programs are
43-4 effective in achieving state and local goals and objectives;
43-5 (12) <(19)> develop and recommend to the governor
43-6 criteria for the establishment of local workforce development
43-7 boards; and
43-8 (13) <(20) develop objective criteria for granting
43-9 waivers allowed under this Act;>
43-10 <(21) develop and recommend to the governor a plan to
43-11 ensure client accessibility to workforce programs that includes a
43-12 uniform statewide client application system for determining an
43-13 applicant's eligibility for a workforce program for which state or
43-14 federal financial assistance is available; and>
43-15 <(22)> carry out the federal and state mandated duties
43-16 and responsibilities for all advisory councils under applicable
43-17 federal and state workforce development programs.
43-18 SECTION 2.06. Section 2.09(d), Workforce and Economic
43-19 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
43-20 Statutes), is amended to read as follows:
43-21 (d) At least annually, the council shall issue an
43-22 occupation-specific analysis by provider of the job placement
43-23 performance of each workforce education program for the previous
43-24 one-year, three-year, and five-year periods to:
43-25 (1) each provider of a workforce education program or
43-26 workforce training and services program;
43-27 (2) the Texas Higher Education Coordinating Board for
44-1 each provider of a workforce education program approved and
44-2 administered by the board; <and>
44-3 (3) each local workforce development board for each
44-4 provider of workforce training and services within the workforce
44-5 development area; and
44-6 (4) the Texas Employment Commission.
44-7 SECTION 2.07. Section 2.11, Workforce and Economic
44-8 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
44-9 Statutes), is amended to read as follows:
44-10 Sec. 2.11. DISSOLUTION OF STATE ADVISORY COUNCILS AND
44-11 TRANSFER OF <STATE ADVISORY COUNCIL> RESPONSIBILITIES. (a) The
44-12 council shall assume the responsibilities assigned to the state
44-13 advisory council under the following federal laws:
44-14 (1) the Job Training Partnership Act (29 U.S.C.
44-15 Section 1501 et seq.);
44-16 (2) the Carl D. Perkins Vocational and Applied
44-17 Technology Education Act (20 U.S.C. Section 2301 et seq.);
44-18 (3) the National and Community Service Act of 1990 (42
44-19 U.S.C. Section 12501 et seq.);
44-20 (4) the Adult Education Act (20 U.S.C. Section 1201 et
44-21 seq.);
44-22 (5) the Wagner-Peyser Act (29 U.S.C. Section 49 et
44-23 seq.);
44-24 (6) Part F, Subchapter IV, Social Security Act (42
44-25 U.S.C. Section 681 et seq.);
44-26 (7) the employment program established under Section
44-27 6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)); and
45-1 (8) the National Literacy Act of 1991 (Pub. L. 102-73
45-2 et seq.).
45-3 (b) The following state advisory councils, boards, and
45-4 committees are dissolved and the council shall assume the
45-5 responsibilities formerly exercised by the following state advisory
45-6 councils, boards, and committees:
45-7 (1) the State Job Training Coordinating Council;
45-8 (2) the Texas Council on Vocational Education;
45-9 (3) the technical advisory committee to the State
45-10 Occupational Information Coordinating Council;
45-11 (4) the Texas Literacy Council; and
45-12 (5) the Apprenticeship and Training Advisory
45-13 Committee.
45-14 SECTION 2.08. Section 2.12, Workforce and Economic
45-15 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
45-16 Statutes), is amended to read as follows:
45-17 Sec. 2.12. FISCAL AGENT. The General Services Commission
45-18 shall <council may designate another state agency to> serve as the
45-19 council's fiscal agent <if the designated agent agrees to the
45-20 designation>.
45-21 SECTION 2.09. Sections 2.13(c) and (e), Workforce and
45-22 Economic Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
45-23 Statutes), are amended to read as follows:
45-24 (c) The executive director shall <may> adopt the
45-25 administrative and personnel procedures of the council's fiscal
45-26 agent rather than adopting new procedures for the council.
45-27 (e) The executive director of the State Occupational
46-1 Information Coordinating Council shall be an employee of the
46-2 council <report to the executive director of the council and shall
46-3 provide labor market information, information relevant to workforce
46-4 program evaluation, and technical assistance to the council and its
46-5 staff as requested>. The council <executive director of the State
46-6 Occupational Information Coordinating Council> may enter into
46-7 contracts for products and services with state agency members of
46-8 the council <State Occupational Information Coordinating Council
46-9 membership agencies> and other organizations if consistent with the
46-10 state strategic plan.
46-11 SECTION 2.10. Section 2.17(d), Workforce and Economic
46-12 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
46-13 Statutes), is amended to read as follows:
46-14 (d) State agencies that are responsible for the
46-15 administration of human resources and workforce development
46-16 programs in this state shall implement the recommendations if the
46-17 recommendations do not violate an existing federal or state law<,
46-18 regulation, or rule>.
46-19 SECTION 2.11. Section 2.18, Workforce and Economic
46-20 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
46-21 Statutes), is amended to read as follows:
46-22 Sec. 2.18. FUNDING. (a) Federal funding for the operation
46-23 of the council shall be allocated according to federal
46-24 requirements.
46-25 (b) <The council shall develop a budget to carry out the
46-26 council's duties and responsibilities under this Act. The budget
46-27 must be submitted to the governor and the Legislative Budget Board
47-1 for approval. The budget shall identify funds appropriated for the
47-2 biennium ending August 31, 1995, for planning and evaluation of a
47-3 workforce development program administered by an agency represented
47-4 on the council and shall recommend the transfer of those funds to
47-5 the functions being assumed by the council.>
47-6 <(c)> A state agency represented on the council shall
47-7 provide funds for the support of the council in proportion to the
47-8 agency's financial participation in the workforce development
47-9 system.
47-10 SECTION 2.12. Section 4.01, Workforce and Economic
47-11 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
47-12 Statutes), is amended to read as follows:
47-13 Sec. 4.01. CREATION OF LOCAL WORKFORCE DEVELOPMENT BOARDS.
47-14 (a) The chief elected officials in a workforce development area
47-15 designated by the governor under Section 3.01 of this Act may form,
47-16 in accordance with rules established by the Texas Employment
47-17 Commission <council>, a local workforce development board to plan
47-18 and oversee the delivery of all workforce training and services
47-19 programs and evaluate all workforce development programs in the
47-20 workforce development area. The authority granted under this
47-21 subsection does not give a local workforce development board any
47-22 direct authority or control over workforce funds and programs in
47-23 its workforce development area, other than programs funded through
47-24 that board.
47-25 (b) Before a local workforce development board may be
47-26 created, at least three-fourths of the chief elected officials in
47-27 the workforce development area who represent units of general local
48-1 government must agree to the creation of the board, including all
48-2 of the chief elected officials who represent units of general local
48-3 government having populations of at least 200,000. The elected
48-4 officials agreeing to the creation of the board must represent at
48-5 least 75 percent of the population of the workforce development
48-6 area.
48-7 (c) On agreement regarding the formation of a local
48-8 workforce development board, the chief elected officials shall
48-9 reduce the agreement to writing. The local government agreement
48-10 shall include:
48-11 (1) the purpose for the agreement;
48-12 (2) the process that will be used to select the chief
48-13 elected official who will act on behalf of the other chief elected
48-14 officials;
48-15 (3) the process that will be followed to keep those
48-16 chief elected officials informed regarding local workforce
48-17 development activities;
48-18 (4) the initial size of the local workforce
48-19 development board;
48-20 (5) how resources allocated to the local workforce
48-21 development area will be shared among the parties to the agreement;
48-22 (6) <(4)> the process to be used to appoint the board
48-23 members, which must be consistent with applicable federal and state
48-24 laws; and
48-25 (7) <(5)> the terms of office of the members of the
48-26 board.
48-27 (d) <(c)> The chief elected officials shall consider the
49-1 views of all affected local organizations, including private
49-2 industry councils and quality workforce planning committees, before
49-3 making a final decision regarding the formation of a local
49-4 workforce development board.
49-5 (e) <(d)> None of the powers and duties granted a workforce
49-6 development board under this Act may be exercised in a workforce
49-7 development area until the chief elected officials in that area
49-8 reach an agreement providing for the establishment of a local
49-9 workforce development board as provided by Subsection (b) of this
49-10 section and the board is certified by the governor.
49-11 (f) <(e)> A private industry council in an area in which a
49-12 local workforce development board is not created or in which the
49-13 chief elective officers are unable to negotiate the establishment
49-14 of a local workforce development board may not exercise any of the
49-15 powers granted a local workforce development board by this Act,
49-16 except for a power granted under the Job Training Partnership Act
49-17 (29 U.S.C. Section 1501 et seq.).
49-18 (g) A member or former member of a local workforce
49-19 development board may not be held personally liable for any claim,
49-20 damage, loss, or repayment obligation of federal or state funds
49-21 that arises from this Act unless the act or omission that causes
49-22 the claim, damage, loss, or repayment obligation constitutes
49-23 official misconduct on the part of the board member, wilful
49-24 disregard of the requirements of this Act on the part of the board
49-25 member, or gross negligence on the part of the board member.
49-26 SECTION 2.13. Section 4.04, Workforce and Economic
49-27 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
50-1 Statutes), is amended by amending Subsections (a), (c), and (d) and
50-2 by adding Subsection (f) to read as follows:
50-3 (a) A board is directly responsible and accountable to the
50-4 division <council> for the strategic planning and oversight of all
50-5 workforce training and services and the evaluation of all workforce
50-6 development programs in the workforce development area. A
50-7 workforce development board shall ensure effective outcomes
50-8 consistent with statewide goals, objectives, and performance
50-9 standards approved by the governor. The division <council> shall
50-10 assist workforce development boards in designing effective measures
50-11 to accomplish this responsibility. A board is directly responsible
50-12 to the division for the operational planning and administration of
50-13 all workforce training and services funded through the commission
50-14 to the local area.
50-15 (c) A board shall:
50-16 (1) serve as a single point of contact for local
50-17 business to communicate their skill needs and influence the
50-18 direction of all workforce development programs in the workforce
50-19 development area;
50-20 (2) serve as a private industry council under the
50-21 federal Job Training Partnership Act (29 U.S.C. Section 1501 et
50-22 seq.);
50-23 (3) develop a local plan for addressing the workforce
50-24 development needs of the workforce development area that:
50-25 (A) is responsive to the goals, objectives, and
50-26 performance standards established by the governor;
50-27 (B) targets services to meet local needs,
51-1 including the identification of industries and employers likely to
51-2 employ workers who complete job training programs; and
51-3 (C) ensures that the workforce development
51-4 system, including the educational system, has the flexibility to
51-5 meet the needs of local businesses;
51-6 (4) <(3)> designate the board or some other entity as
51-7 the board's fiscal agent to be responsible and accountable for the
51-8 management of all workforce development funds available to the
51-9 board;
51-10 (5) <(4)> create local career <workforce> development
51-11 centers as established in Article 5 of this Act;
51-12 (6) <(5)> review plans for workforce education to
51-13 ensure that the plans address the needs of local businesses and
51-14 recommend changes in the delivery of education services as
51-15 appropriate;
51-16 (7) <(6)> assume the functions and responsibilities of
51-17 local career <workforce> development advisory boards, councils, and
51-18 committees authorized by federal or state laws, including private
51-19 industry councils, quality workforce planning committees, job
51-20 service employer committees, and local general vocational program
51-21 advisory committees;
51-22 (8) <(7)> monitor and evaluate the effectiveness of
51-23 the career <workforce> development centers, state agencies and
51-24 other contractors providing workforce training and services, and
51-25 vocational and technical education programs operated by local
51-26 education agencies and institutions of higher education to ensure
51-27 that performance is consistent with state and local goals and
52-1 objectives;
52-2 (9) <(8)> promote cooperation and coordination among
52-3 public organizations, community organizations, and private business
52-4 providing workforce development services; and
52-5 (10) <(9)> review applications as consistent with
52-6 rules developed by the Texas Department of Commerce for funds under
52-7 the smart jobs fund program under Subchapter J, Chapter 481,
52-8 Government Code.
52-9 (d) The board may provide relevant labor market information
52-10 and information regarding the availability of existing workforce
52-11 development programs to the department in performing the board's
52-12 duties under Subsection (c)(10) <(9)> of this section.
52-13 (f) The chief elected officials designated under Section
52-14 4.01(b) of this Act shall enter into a partnership agreement with
52-15 the local workforce development board to select the grant recipient
52-16 and the administrative entity for the local workforce development
52-17 area and to determine procedures for the development of the local
52-18 workforce development plan.
52-19 SECTION 2.14. Section 4.05, Workforce and Economic
52-20 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
52-21 Statutes), is amended to read as follows:
52-22 Sec. 4.05. LOCAL PLAN. (a) A local workforce development
52-23 board shall develop a single plan that includes the components
52-24 specified in this section.
52-25 (b) The plan must include a strategic component that:
52-26 (1) assesses the labor market needs of the local
52-27 workforce development area;
53-1 (2) identifies existing workforce development
53-2 programs;
53-3 (3) evaluates the effectiveness of existing programs
53-4 and services; and
53-5 (4) sets broad goals and objectives for all workforce
53-6 development programs in the local area consistent with statewide
53-7 goals, objectives, and performance standards.
53-8 (c) The plan must include an operational component that
53-9 specifies how all of the resources directly available to the local
53-10 workforce development area from the division will be used to
53-11 achieve the goals and objectives of the plan for the area. At a
53-12 minimum, this component must establish:
53-13 (1) the goals, objectives, and performance measures to
53-14 be used in overseeing and evaluating the operation of all workforce
53-15 training and services;
53-16 (2) the segments of the population targeted for
53-17 various services;
53-18 (3) the mix of services to be provided and how they
53-19 are to be provided; and
53-20 (4) the structure of the local service delivery
53-21 system.
53-22 (d) Program resources included in the operational component
53-23 are those under <for the delivery of all workforce training and
53-24 services in the board's service area under the following programs>:
53-25 (1) <the Texas Job-Training Partnership Act (Article
53-26 4413(52), Vernon's Texas Civil Statutes);>
53-27 <(2)> postsecondary vocational and technical job
54-1 training programs that are not part of approved courses or programs
54-2 that lead to licensing, certification, or an associate degree under
54-3 Chapters 61, 108, 130, and 135, and Subchapter E, Chapter 88,
54-4 Education Code;
54-5 (2) <(3)> adult education programs under Section
54-6 11.18, Education Code;
54-7 (3) <(4)> apprenticeship programs under Chapter 33,
54-8 Education Code;
54-9 (4) <(5)> the trade adjustment assistance program
54-10 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
54-11 2271 et seq.);
54-12 (5) <(6)> the senior citizens employment program under
54-13 Chapter 101, Human Resources Code;
54-14 (6) Subtitle A, Title 4, Labor Code <(7) the Texas
54-15 Unemployment Compensation Act (Article 5221b-1 et seq., Vernon's
54-16 Texas Civil Statutes)>;
54-17 (7) <(8)> literacy funds available to the state under
54-18 the National Literacy Act of 1991 (Pub. L. 102-73 et seq.);
54-19 (8) <(9)> the National and Community Service Act of
54-20 1990 (42 U.S.C. Section 12501 et seq.);
54-21 (9) <(10)> the job opportunities and basic skills
54-22 program under Part F, Subchapter IV, Social Security Act (42 U.S.C.
54-23 Section 682); and
54-24 (10) <(11)> the food stamp employment and training
54-25 program authorized under 7 U.S.C. Section 2015(d).
54-26 (e) <(b)> A local plan shall identify:
54-27 (1) goals, objectives, and performance measures;
55-1 (2) the population to be served;
55-2 (3) the mix of services to be provided;
55-3 (4) the service providers; and
55-4 (5) the structure of the delivery system.
55-5 SECTION 2.15. Sections 4.06(a) and (f), Workforce and
55-6 Economic Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
55-7 Statutes), are amended to read as follows:
55-8 (a) A board shall review, verify, modify, and use local
55-9 labor market information developed through the state's <in
55-10 conjunction with the council shall establish and operate an
55-11 automated, interactive employer-driven> labor market information
55-12 system to identify occupation-specific labor demand in each
55-13 workforce development area.
55-14 (f) A public community college shall promptly provide
55-15 workforce training and services that are requested:
55-16 (1) by the workforce development board based on the
55-17 <board's> labor market <demand> information system available for
55-18 the area;
55-19 (2) by employers located in the college's taxing
55-20 district when the request is presented directly to the college by
55-21 the employers or through the workforce development board; or
55-22 (3) as part of an economic development incentive
55-23 package designed to attract or retain an employer, including a
55-24 package offered under the smart jobs fund program under Subchapter
55-25 J, Chapter 481, Government Code.
55-26 SECTION 2.16. Section 4.08(a), Workforce and Economic
55-27 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
56-1 Statutes), is amended to read as follows:
56-2 (a) A board shall establish a budget for the board that must
56-3 be included in the local workforce development plan submitted to
56-4 the division <Council on Workforce and Economic Competitiveness>.
56-5 A board may employ professional, technical, and support staff as
56-6 necessary to carry out its strategic planning, oversight, and
56-7 evaluation functions. A board's staff shall be separate from and
56-8 independent of any organization providing workforce education or
56-9 workforce training and services in the workforce development area.
56-10 SECTION 2.17. Article 5, Workforce and Economic
56-11 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
56-12 Statutes), is amended to read as follows:
56-13 ARTICLE 5. LOCAL DELIVERY SYSTEM
56-14 Sec. 5.01. The local workforce development system is
56-15 composed of two major components as follows:
56-16 (1) an employer services component that provides labor
56-17 market information and services and employment and other services
56-18 as appropriate to local employers; and
56-19 (2) an integrated service delivery system composed of
56-20 a network of career development centers serving the people of this
56-21 state based on a one-stop for service approach and supported by
56-22 electronic access to comprehensive labor market information.
56-23 Sec. 5.02. CAREER <WORKFORCE> DEVELOPMENT CENTERS. (a) A
56-24 local workforce development board shall establish career
56-25 <workforce> development centers accessible to students and <,>
56-26 workers<, and employers> throughout the workforce development area.
56-27 Each center shall provide access to information and services
57-1 available in the workforce development area and shall address the
57-2 individual needs of students and <,> workers<, and employers>. The
57-3 services <available at a center> shall be tailored to meet
57-4 individual needs and shall include the following:
57-5 (1) labor market information, including <the skills of
57-6 the area workforce,> available job openings<,> and the education
57-7 and <,> training<, and employment> opportunities in the local area,
57-8 in the state, and as feasible, in the nation;
57-9 (2) a common intake and eligibility determination
57-10 process for all workforce training <development programs> and
57-11 services;
57-12 (3) independent assessment of individual needs and the
57-13 development of an individual service strategy;
57-14 (4) centralized and continuous case management and
57-15 counseling;
57-16 (5) individual referral for services including basic
57-17 education, classroom skills training, on-the-job training, and
57-18 customized training; and
57-19 (6) supportive services, including child care, student
57-20 loans, and other forms of financial assistance required to
57-21 participate in and complete training.
57-22 (b) Except as provided by Subsection (c) of this section, a
57-23 person that provides one-stop services may not also provide
57-24 developmental services, such as basic education and skills
57-25 training.
57-26 (c) The division may develop a waiver process for a person
57-27 subject to Subsection (b) of this section. The request for a
58-1 waiver must include a detailed justification based on the lack of
58-2 an existing qualified alternative for delivery of developmental
58-3 services in the applicable workforce development area.
58-4 (d) The Texas Employment Commission, in cooperation with
58-5 local workforce development boards, shall provide for the filing of
58-6 unemployment insurance claims through career development centers in
58-7 each local workforce development area.
58-8 Sec. 5.03. <Sec. 5.02.> RIGHT TO KNOW. A local career
58-9 <workforce> development center shall provide each person, before
58-10 the person participates in a vocational or technical training
58-11 program, a written document that informs the person of current
58-12 employment prospects, <and> the current wage level for a person who
58-13 completes the vocational or technical training program in which the
58-14 person is considering participating, and the most recent
58-15 information available on the performance of institutions providing
58-16 that training in the local workforce development area.
58-17 SECTION 2.18. The Workforce and Economic Competitiveness Act
58-18 (Article 5190.7a, Vernon's Texas Civil Statutes) is amended by
58-19 adding Article 7 to read as follows:
58-20 ARTICLE 7. SKILL STANDARDS BOARD
58-21 Sec. 7.01. TEXAS SKILL STANDARDS BOARD. (a) The Texas
58-22 Skill Standards Board is created as an advisory board to the
58-23 council and the governor on the development of a statewide system
58-24 of industry-defined and industry-recognized skill standards and
58-25 credentials for all major skilled occupations that:
58-26 (1) provide strong employment and earnings
58-27 opportunities in this state; and
59-1 (2) require less than a baccalaureate degree.
59-2 (b) The board is composed of 11 members appointed by and
59-3 serving at the pleasure of the governor. The board consists of the
59-4 following members:
59-5 (1) seven members representing business, two of whom
59-6 must be from business entities that employ fewer than 50 employees;
59-7 (2) two members representing labor;
59-8 (3) one member representing secondary education; and
59-9 (4) one member representing postsecondary education.
59-10 (c) The governor shall appoint the presiding officer of the
59-11 board from the members representing business.
59-12 (d) The board shall:
59-13 (1) validate nationally established skill standards to
59-14 guide curriculum development, training, assessment, and
59-15 certification of workforce skills;
59-16 (2) convene industry groups to develop skill standards
59-17 and certification procedures for industries and occupations in
59-18 which standards have not been established or adopted;
59-19 (3) review standards developed by other states and
59-20 nations and enter into agreements for mutual recognition of
59-21 credentials to enhance portability of skills; and
59-22 (4) promote the use of standards and credentials among
59-23 employers.
59-24 (e) The board shall meet at the call of the presiding
59-25 officer as often as necessary to accomplish its work.
59-26 (f) A member of the board is not entitled to compensation
59-27 for service on the board but is entitled to reimbursement for
60-1 reasonable expenses incurred in performing board duties, subject to
60-2 any applicable limitation in the General Appropriations Act.
60-3 (g) The division shall provide staff support for the board
60-4 as necessary.
60-5 (h) The board shall report periodically to the governor and
60-6 shall provide annual reports to the governor, the Texas Employment
60-7 Commission, and the legislature.
60-8 (i) Article 6252-33, Revised Statutes, does not apply to the
60-9 board.
60-10 SECTION 2.19. The following laws are repealed:
60-11 (1) Section 2.08, Workforce and Economic
60-12 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
60-13 Statutes);
60-14 (2) Section 2.14, Workforce and Economic
60-15 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
60-16 Statutes);
60-17 (3) Section 2.16, Workforce and Economic
60-18 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
60-19 Statutes); and
60-20 (4) Section 2.17(f), Workforce and Economic
60-21 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
60-22 Statutes).
60-23 SECTION 2.20. In making appointments to the Council on
60-24 Workforce and Economic Competitiveness, as that council is
60-25 reestablished under Section 2.02(b), Workforce and Economic
60-26 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
60-27 Statutes), as amended by this Act, the governor shall reappoint to
61-1 the council at least seven of the members who served on that
61-2 council in a non-ex officio capacity on the day before the
61-3 effective date of this Act.
61-4 ARTICLE 3. CONFORMING AMENDMENTS
61-5 SECTION 3.01. Section 11.18(b), Education Code, as amended
61-6 by Chapter 463, Acts of the 71st Legislature, Regular Session,
61-7 1989, and Sections 11.18(c)-(e), Education Code, are amended to
61-8 read as follows:
61-9 (b) The Texas Employment Commission <Central Education
61-10 Agency> shall:
61-11 (1) manage this program with adequate staffing to
61-12 develop, administer, and support a comprehensive statewide adult
61-13 education program and coordinate related federal and state programs
61-14 for education and training of adults;
61-15 (2) develop, implement, and regulate a comprehensive
61-16 statewide program for community level education services to meet
61-17 the special needs of adults;
61-18 (3) develop the mechanism and guidelines for
61-19 coordination of comprehensive adult education and related skill
61-20 training services for adults with other agencies, both public and
61-21 private, in planning, developing, and implementing related
61-22 programs, including community education programs;
61-23 (4) administer all state and federal funds for adult
61-24 education and related skill training in Texas, except in programs
61-25 where another entity is specifically authorized to do so under
61-26 other law;
61-27 (5) prescribe and administer standards and accrediting
62-1 policies for adult education;
62-2 (6) prescribe and administer rules and regulations for
62-3 teacher certification for adult education; and
62-4 (7) accept and administer grants, gifts, services, and
62-5 funds from available sources for use in adult education.
62-6 (c) Adult education programs shall be provided by public
62-7 school districts, public junior colleges, and public universities
62-8 approved in accordance with state statute and the regulations and
62-9 standards adopted by the Texas Employment Commission in conjunction
62-10 with the State Board of Education. The programs shall be designed
62-11 to meet the education and training needs of adults to the extent
62-12 possible within available public and private resources. Bilingual
62-13 education may be the method of instruction for students who do not
62-14 function satisfactorily in English whenever it is appropriate for
62-15 their optimum development.
62-16 (d) The Texas Employment Commission <State Board of
62-17 Education> may establish or designate an adult education advisory
62-18 committee composed of no more than 21 members representing public
62-19 and private nonprofit education, business, labor, minority groups,
62-20 and the general public for the purpose of advising the commission
62-21 <board> on needs, priorities, and standards of adult education
62-22 programs conducted in accordance with this section of the Texas
62-23 Education Code.
62-24 (e) Funds shall be appropriated to implement statewide adult
62-25 basic education, adult bilingual education, high school
62-26 equivalency, and high school credit programs to eliminate
62-27 illiteracy in Texas and to implement and support a statewide
63-1 program to meet the total range of adult needs for adult education,
63-2 related skill training, and pilot programs to demonstrate the
63-3 effectiveness of the community education concept. An additional
63-4 sum of money may be appropriated to the Texas Employment Commission
63-5 <Department of Commerce> for the purpose of skill training in
63-6 direct support of industrial expansion and start-up, and those
63-7 locations, industries, and occupations designated by the Texas
63-8 Employment Commission <Department of Commerce>, when such training
63-9 is also in support of the basic purposes of this section. To
63-10 fulfill the basic purposes of this section, an additional sum of
63-11 money may be appropriated for skill training that is conducted to
63-12 support the expansion of civilian employment opportunities on
63-13 United States military reservations. The Central Education Agency,
63-14 in conjunction with the Texas Employment Commission <Department of
63-15 Commerce>, may adopt rules to administer such skill training
63-16 programs for which the Central Education Agency is responsible, and
63-17 the Texas Employment Commission <Department of Commerce> may adopt
63-18 rules to administer such skill training programs for which the
63-19 Texas Employment Commission <it> is responsible.
63-20 SECTION 3.02. Section 32.11(5), Education Code, is amended
63-21 to read as follows:
63-22 (5) "Administrator" means the executive director of
63-23 the Texas Employment Commission <State Commissioner of Education>
63-24 or a person, knowledgeable in the administration of regulating
63-25 proprietary schools, designated by that executive director <the
63-26 Commissioner> to administer the provisions of this chapter.
63-27 SECTION 3.03. Section 32.12(c), Education Code, is amended
64-1 to read as follows:
64-2 (c) If a State agency that issues a license or other
64-3 authorization for the practice of an occupation elects not to
64-4 regulate or approve course hours that exceed the minimum education
64-5 requirements for the issuance of the license or other
64-6 authorization, the licensing agency shall enter into a memorandum
64-7 of understanding with the Texas Employment Commission <Central
64-8 Education Agency> for the regulation of those excess course hours
64-9 under this chapter. Any course taught under a letter of approval
64-10 or other written authorization issued by the licensing agency
64-11 before the effective date of the memorandum is authorized under
64-12 State law until the course is reviewed by the Texas Employment
64-13 Commission <Central Education Agency>. The licensing agency may
64-14 terminate the memorandum of understanding on notice to the Texas
64-15 Employment Commission <Central Education Agency>.
64-16 SECTION 3.04. Section 32.21, Education Code, is amended to
64-17 read as follows:
64-18 Sec. 32.21. TEXAS EMPLOYMENT COMMISSION <CENTRAL EDUCATION
64-19 AGENCY>. (a) The Texas Employment Commission <Central Education
64-20 Agency> shall exercise jurisdiction and control of the system of
64-21 schools, and it shall be the duty of the division of workforce
64-22 development of that commission <Commissioner of Education> to carry
64-23 out supervision of the provisions of this chapter, and to enforce
64-24 minimum standards for approval of schools under the operating
64-25 regulations and policies hereinafter set forth and as may from time
64-26 to time be adopted pursuant to the provisions of this chapter.
64-27 (b) The Texas Employment Commission <Central Education
65-1 Agency> shall prepare a comparison of the cost to a student of
65-2 courses of instruction or training programs at proprietary schools
65-3 to the cost to a student of similar courses or programs at schools
65-4 that are exempt from this chapter under Section 32.12 of this code.
65-5 (c) The Texas Employment Commission <agency> may consult a
65-6 recognized expert in a field of study for assistance in determining
65-7 minimum program standards under this chapter for that field.
65-8 (d) The Texas Employment Commission <Central Education
65-9 Agency> and the Texas Higher Education Coordinating Board shall
65-10 adopt a memorandum of understanding which develops guidelines for
65-11 coordinating the regulation of proprietary schools and courses that
65-12 are subject to Sections 61.301 through 61.317 and Chapter 32 of
65-13 this code. The memorandum shall include provisions which:
65-14 (1) clearly identify the responsibilities of each
65-15 agency in regulating proprietary schools;
65-16 (2) ensure that the rules adopted by both agencies
65-17 pursuant to the memorandum of understanding are not duplicative or
65-18 in conflict; and
65-19 (3) establish procedures for ensuring that information
65-20 affecting the proprietary school regulatory activities of both
65-21 agencies is shared between the agencies.
65-22 SECTION 3.05. Section 32.24, Education Code, is amended to
65-23 read as follows:
65-24 Sec. 32.24. DUTIES OF TEXAS EMPLOYMENT COMMISSION.
65-25 <ADMINISTRATOR. (a)> The division of workforce development of the
65-26 Texas Employment Commission <administrator> shall carry out the
65-27 policies of this chapter and enforce the rules and regulations
66-1 adopted by the Texas Employment Commission <State Board of
66-2 Education>. The division of workforce development <He> shall also
66-3 certify the names of those schools meeting the requirements for a
66-4 certificate of approval.
66-5 <(b) The administrator may adopt and enforce temporary rules
66-6 and regulations pursuant to the provisions of this chapter but the
66-7 temporary rules and regulations are valid only until the next
66-8 meeting of the State Board of Education.>
66-9 SECTION 3.06. Section 32.25, Education Code, is amended to
66-10 read as follows:
66-11 Sec. 32.25. MEMORANDUM OF UNDERSTANDING FOR REGULATION OF
66-12 PROPRIETARY SCHOOLS. (a) The Texas Employment Commission <Central
66-13 Education Agency> shall develop, in consultation with the Texas
66-14 Guaranteed Student Loan Corporation and each state agency that
66-15 regulates proprietary schools in this state, a comprehensive
66-16 strategy to reduce default rates at the regulated proprietary
66-17 schools and to improve the overall quality of the programs operated
66-18 by these schools.
66-19 (b) The Texas Employment Commission <Central Education
66-20 Agency> shall execute a memorandum of understanding outlining the
66-21 strategy with the corporation and each state agency regulating
66-22 proprietary schools and shall adopt rules to carry out its duties
66-23 under this section. The Texas Guaranteed Student Loan Corporation
66-24 shall adopt the memorandum of understanding as procedures of the
66-25 corporation, and each agency by rule shall adopt the memorandum of
66-26 understanding.
66-27 (c) The memorandum of understanding shall:
67-1 (1) require the development and monitoring of
67-2 indicators that identify schools that have excessive loan default
67-3 rates, poor program performance, or both;
67-4 (2) require the sharing of specific information
67-5 relating to the indicators between the Texas Employment Commission
67-6 <Central Education Agency> and the Texas Guaranteed Student Loan
67-7 Corporation or other agency; and
67-8 (3) require the application of specific sanctions by
67-9 the Texas Employment Commission <Central Education Agency> or by
67-10 the Texas Guaranteed Student Loan Corporation or other agency, as
67-11 appropriate, to lower the default rates, improve program
67-12 performance, or both.
67-13 (d) If the Texas Employment Commission <Central Education
67-14 Agency> enters a memorandum of understanding with the Texas
67-15 Guaranteed Student Loan Corporation related to the regulation of
67-16 proprietary schools, the commission <agency> may require each
67-17 proprietary school governed by this chapter to provide information
67-18 to the commission <agency> that is necessary for the purposes of
67-19 the memorandum of understanding.
67-20 SECTION 3.07. Section 32.32, Education Code, is amended to
67-21 read as follows:
67-22 Sec. 32.32. APPLICATION FOR CERTIFICATE OF APPROVAL. Every
67-23 proprietary school desiring to operate in the State of Texas or do
67-24 business in the State shall make written application to the
67-25 administrator for a certificate of approval. Such application
67-26 shall be verified, be in such form as may be prescribed by the
67-27 Texas Employment Commission <State Board of Education>, and shall
68-1 furnish the administrator such information as that commission <he>
68-2 may require.
68-3 SECTION 3.08. Section 32.321(a), Education Code, is amended
68-4 to read as follows:
68-5 (a) The Texas Employment Commission <State Board of
68-6 Education> after consultation with the Proprietary School Advisory
68-7 Commission may establish rules that waive, alter, suspend, or
68-8 replace any of the following provisions governing small proprietary
68-9 schools:
68-10 (1) the fee schedule authorized under Section 32.71 of
68-11 this code, provided that fees under a fee schedule established by
68-12 rule may not be less than the reasonable administrative cost for
68-13 regulation or more than the amount that a small proprietary school
68-14 would otherwise pay if it were not classified as a small
68-15 proprietary school;
68-16 (2) participation in the proprietary school tuition
68-17 protection fund required by Section 32.91 of this code;
68-18 (3) the refund policy provisions of Section 32.39 of
68-19 this code;
68-20 (4) the bonding requirements of Section 32.38 of this
68-21 code;
68-22 (5) the examination of a school for compliance under
68-23 Section 32.34(f) of this code;
68-24 (6) the reporting requirements of Section 32.33(15)
68-25 <32.33(o)> of this code; and
68-26 (7) the term for which a certificate of approval is
68-27 issued under Section 32.34(b) of this code, provided that a rule
69-1 adopted under this section may not provide for a term that exceeds
69-2 three years or is less than one year.
69-3 SECTION 3.09. Section 32.33, Education Code, is amended to
69-4 read as follows:
69-5 Sec. 32.33. CRITERIA. The administrator may approve the
69-6 application of a <such> proprietary school if <when> the school is
69-7 found, on <upon> investigation at the premises of the school, to
69-8 have met the following criteria:
69-9 (1) the <(a) The> courses, curriculum, and
69-10 instruction are of such quality, content, and length as may
69-11 reasonably and adequately achieve the stated objective for which
69-12 the courses, curriculum or instruction are offered; provided that
69-13 before<. Before> a school conducts a course of instruction in
69-14 court reporting, the school must produce evidence that the school
69-15 has obtained approval for the curriculum from the Court Reporters
69-16 Certification Board;<.>
69-17 (2) the <(b) There is in the> school has adequate
69-18 space, equipment, instructional material and instructor personnel
69-19 to provide training of good quality;<.>
69-20 (3) educational <(c) Educational> and experience
69-21 qualifications of directors, administrators and instructors are
69-22 adequate;<.>
69-23 (4) the <(d) The> school maintains a written record
69-24 of the previous education and training of the applicant student and
69-25 clearly indicates that appropriate credit has been given by the
69-26 school for previous education and training, with the new training
69-27 period shortened where warranted through use of appropriate skills
70-1 or achievement tests and the student so notified;<.>
70-2 (5) a <(e) A> copy of the following information is
70-3 furnished to a student before enrollment:
70-4 (A) a course outline;
70-5 (B) a schedule of tuition, fees, <refund
70-6 policy,> and other charges;
70-7 (C) a statement of the school's refund policy;
70-8 (D) a copy of regulations relating <pertaining>
70-9 to absence, grading policy, <and> rules of operation and conduct,
70-10 and<; regulations pertaining to> incomplete grades;
70-11 (E) the name, mailing address, and telephone
70-12 number of the Texas Employment Commission <Central Education
70-13 Agency> for the purpose of directing complaints to the commission
70-14 <agency>;
70-15 (F) the current rates of job placement and
70-16 employment of students issued a certificate of completion; and
70-17 (G) notification of the availability of the cost
70-18 comparison information prepared under Section 32.21(b) of this code
70-19 through the Texas Employment Commission; <Central Education Agency
70-20 will be furnished the student prior to enrollment.>
70-21 (6) except <(f) Except> as provided by Section 32.40
70-22 of this code, on completion of training, the student is given a
70-23 certificate by the school indicating the course and that training
70-24 was satisfactorily completed;<.>
70-25 (7) adequate <(g) Adequate> records as prescribed by
70-26 the administrator are kept to show attendance and progress or
70-27 grades, and satisfactory standards relating to attendance, progress
71-1 and conduct are enforced;<.>
71-2 (8) the <(h) The> school complies with all local,
71-3 city, county, municipal, state and federal regulations, such as
71-4 fire, building and sanitation codes, and provides<. The
71-5 administrator may require such> evidence of compliance to the
71-6 administrator as considered <is deemed> necessary by the
71-7 administrator;<.>
71-8 (9) the <(i) The> school is financially sound and
71-9 capable of fulfilling its commitments for training;<.>
71-10 (10) the <(j) The> school's administrators,
71-11 directors, owners, and instructors are of good reputation and
71-12 character;<.>
71-13 (11) the <(k) The> school has, maintains, and
71-14 publishes in its catalogue and enrollment contract<,> the proper
71-15 policy for the refund of the unused portion of tuition, fees, and
71-16 other charges in the event the student enrolled by the school fails
71-17 to take the course or withdraws or is discontinued therefrom at any
71-18 time prior to completion;<.>
71-19 (12) the <(l) The> school does not utilize erroneous
71-20 or misleading advertising, either by actual statement, omission, or
71-21 intimation as determined by the Texas Employment Commission; <State
71-22 Board of Education.>
71-23 (13) additional <(m) Such additional> criteria as
71-24 <may be> required by the Texas Employment Commission; <State Board
71-25 of Education.>
71-26 (14) the <(n) The> school does not use a name like or
71-27 similar to an existing tax supported school in the same area;<.>
72-1 (15) the <(o) The> school furnishes to the Texas
72-2 Employment Commission <Central Education Agency> the current rates
72-3 of students who receive a certificate of completion and of job
72-4 placement and employment of students issued a certificate of
72-5 completion;<.>
72-6 (16) the <(p) The> school furnishes to the Texas
72-7 Employment Commission <Central Education Agency> for approval or
72-8 disapproval student admission requirements for each course or
72-9 program offered by the school;<.>
72-10 (17) the <(q) The> school furnishes to the Texas
72-11 Employment Commission <Central Education Agency> for approval or
72-12 disapproval the course hour lengths and curriculum content for each
72-13 course offered by the school; and<.>
72-14 (18) the <(r) The> school does not owe a civil
72-15 penalty under Section 32.611 of this code.
72-16 SECTION 3.10. Sections 32.34(a) and (d), Education Code, are
72-17 amended to read as follows:
72-18 (a) The administrator, upon review of an application for a
72-19 certificate of approval duly submitted in accordance with the
72-20 provisions of Section 32.32 and meeting the requirements of Section
72-21 32.33 of this chapter, shall issue a certificate of approval to the
72-22 applicant school. The certificate of approval shall be in a form
72-23 <recommended by the commission and> approved by the Texas
72-24 Employment Commission <State Board of Education> and shall state in
72-25 a clear and conspicuous manner at least the following information:
72-26 (1) date of issuance, effective date, and term of
72-27 approval;
73-1 (2) correct name and address of the school;
73-2 (3) authority for approval and conditions of approval,
73-3 if any, referring specifically to the approved catalogue or
73-4 bulletin published by the school;
73-5 (4) signature of the administrator or such person as
73-6 may have been designated by the Texas Employment Commission <him>
73-7 to administer the provisions of this chapter; and
73-8 (5) any other fair and reasonable representations that
73-9 are consistent with this chapter and deemed necessary by the
73-10 administrator.
73-11 (d) At least thirty (30) days prior to expiration of a
73-12 certificate of approval, the school shall forward to the
73-13 administrator an application for renewal. The administrator shall
73-14 reexamine the school at the premises of the school and either renew
73-15 or cancel the school's certificate of approval. If a school fails
73-16 to file a complete application for renewal at least thirty (30)
73-17 days before the expiration date of the certificate of approval, the
73-18 school, as a condition of renewal, must pay, in addition to the
73-19 annual renewal fee, a late renewal fee in an amount established by
73-20 rule by the Texas Employment Commission <State Board of Education
73-21 rule> of at least $100.
73-22 SECTION 3.11. Section 32.38(e), Education Code, is amended
73-23 to read as follows:
73-24 (e) The administrator, for good cause shown, <as recommended
73-25 by the commission and approved by the State Board of Education,>
73-26 may waive and suspend the requirements set forth in Subsections (a)
73-27 and (c) of this Section with respect to schools operating wholly or
74-1 in part under a federal grant where no tuition fee is charged to
74-2 the student.
74-3 SECTION 3.12. Sections 32.39(c) and (e), Education Code, are
74-4 amended to read as follows:
74-5 (c) In lieu of the refund policy herein set forth, for
74-6 programs of instruction not regularly offered to the general
74-7 public, the Texas Employment Commission <State Board of Education>
74-8 may, for good cause shown, amend, modify, substitute and/or alter
74-9 the terms of such policy due to the specialized nature and
74-10 objective of the subject school's course of instruction.
74-11 (e) If a refund is not made within the period required by
74-12 this section, the school shall pay a penalty. If the refund is made
74-13 to a lending institution, the penalty shall also be paid to that
74-14 institution and applied against the student's loan. The Texas
74-15 Employment Commission <commissioner of education> annually shall
74-16 establish the level of the penalty at a level sufficient to provide
74-17 a deterrent to the retention of student funds. The Texas
74-18 Employment Commission <Central Education Agency> may exempt a
74-19 school from the payment of the penalty if the school makes a good
74-20 faith effort to refund the tuition, fees, and other charges but is
74-21 unable to locate the student. The school shall provide to the
74-22 Texas Employment Commission <the agency> on request documentation
74-23 of the effort to locate the student.
74-24 SECTION 3.13. Section 32.401(b), Education Code, is amended
74-25 to read as follows:
74-26 (b) A proprietary school may offer an applied technology
74-27 degree, an occupational studies degree, or other degree approved by
75-1 the Texas Employment Commission in conjunction with the Central
75-2 Education Agency. The commission may not <Central Education Agency
75-3 shall have no authority to> approve a degree title that uses
75-4 "associate," "bachelor's," "master's," or "doctor's" in the title
75-5 and shall consult with the Texas Higher Education Coordinating
75-6 Board to ensure that the titles of degrees approved by the
75-7 commission <agency> are distinctly different from the titles of
75-8 degrees approved by the board.
75-9 SECTION 3.14. Section 32.402(d), Education Code, is amended
75-10 to read as follows:
75-11 (d) The authority of a school to operate under a small
75-12 proprietary school certificate of approval terminates on the final
75-13 determination of issuance or denial of an initial certificate of
75-14 approval. If a school fails to file a complete application within
75-15 the period required by Subsection (b) of this section, the school,
75-16 as a condition of issuance, must pay a late fee in an amount
75-17 established by rule by the Texas Employment Commission <State Board
75-18 of Education rule> of at least $100.
75-19 SECTION 3.15. Section 32.42(d), Education Code, is amended
75-20 to read as follows:
75-21 (d) Upon the filing of the lawsuit, citation shall be served
75-22 upon the administrator. Whereupon, the administrator shall cause
75-23 to be made a complete record of all proceedings had before the
75-24 administrator, and shall certify a copy of the proceedings to the
75-25 Court. Trial before the Court shall be upon the basis of the
75-26 record made before the administrator, and the Court shall make its
75-27 decision based upon the record. The administrator's decision shall
76-1 be affirmed by the Court if the Court finds substantial evidence in
76-2 the record to justify the decision, unless the Court finds the
76-3 order to be:
76-4 (1) arbitrary and capricious, or
76-5 (2) in violation of the Constitution or laws of the
76-6 State of Texas, or
76-7 (3) in violation of rules adopted by the Texas
76-8 Employment Commission under this chapter <and regulations
76-9 promulgated by the State Board of Education pursuant to the
76-10 provisions of the Act>.
76-11 SECTION 3.16. Section 32.612, Education Code, is amended to
76-12 read as follows:
76-13 Sec. 32.612. COMPETITIVE BIDDING; ADVERTISING. The Texas
76-14 Employment Commission <State Board of Education> may not adopt
76-15 rules to restrict competitive bidding or advertising by a
76-16 proprietary school except to prohibit false, misleading, or
76-17 deceptive competitive bidding or advertising practices. Those
76-18 rules may not restrict:
76-19 (1) the use of an advertising medium;
76-20 (2) the size or duration of an advertisement; or
76-21 (3) advertisement under a trade name.
76-22 SECTION 3.17. Section 32.63(b), Education Code, is amended
76-23 to read as follows:
76-24 (b) The attorney general, at the request of the Texas
76-25 Employment Commission <Central Education Agency>, may bring a civil
76-26 action to collect a civil penalty under this section.
76-27 SECTION 3.18. Section 32.64, Education Code, is amended to
77-1 read as follows:
77-2 Sec. 32.64. SANCTIONS. (a) If the Texas Employment
77-3 Commission <Central Education Agency> has reasonable cause to
77-4 believe that a proprietary school has violated this chapter or a
77-5 rule adopted under this chapter, the commission <agency> may:
77-6 (1) order a peer review of the school; or
77-7 (2) suspend the admission of students to the school.
77-8 (b) A peer review ordered under this section shall be
77-9 conducted by a peer review team composed of knowledgeable persons
77-10 selected by the Texas Employment Commission <agency>. The
77-11 commission <agency> shall attempt to provide a balance on each team
77-12 between members assigned to the team who are from this state and
77-13 those who are from other states. The team shall provide the
77-14 commission <agency> with an objective assessment of the content of
77-15 the school's curriculum and its application. The costs of
77-16 providing a peer review team shall be paid by the school.
77-17 SECTION 3.19. Sections 32.71(a)-(e), Education Code, are
77-18 amended to read as follows:
77-19 (a) Certificate and registration fees, except those charged
77-20 pursuant to Subsection (d) of this section, shall be collected by
77-21 the Administrator and deposited with the State Treasurer. Each fee
77-22 shall be in an amount set by the Administrator and approved by the
77-23 Texas Employment Commission <State Board of Education> in an amount
77-24 not to exceed 150 percent of each fee in the following schedule:
77-25 (1) the initial fee for a school:
77-26 (A) for a certificate of approval is $2,000; or
77-27 (B) for a small proprietary school certificate
78-1 of approval is $1,000;
78-2 (2) the first renewal fee and each subsequent renewal
78-3 fee for a school is the greater of:
78-4 (A) an amount that is determined by applying a
78-5 percentage, not to exceed 0.3 percent, to the gross tuition and
78-6 fees, excluding refunds as provided by Section 32.39 of this code,
78-7 of the school; or
78-8 (B) $500;
78-9 (3) the initial registration fee for a representative
78-10 is $60;
78-11 (4) the annual renewal fee for a representative is
78-12 $30;
78-13 (5) the fee for a change of a name of a school or
78-14 owner is $100;
78-15 (6) the fee for a change of an address of a school is
78-16 $180;
78-17 (7) the fee for a change in the name or address of a
78-18 representative or a change in the name or address of a school that
78-19 causes the reissuance of a representative permit is $10;
78-20 (8) the application fee for an additional course is
78-21 $150, except for seminar and workshop courses, for which the fee is
78-22 $25;
78-23 (9) the application fee for a director, administrative
78-24 staff member, or instructor is $15;
78-25 (10) the application fee for the authority to grant
78-26 degrees is $2,000;
78-27 (11) the application fee for an additional degree
79-1 course is $250; and
79-2 (12) the fee for an inspection required by rule of the
79-3 Texas Employment Commission <State Board of Education> of classroom
79-4 facilities that are separate from the main campus is $250.
79-5 (b) The Texas Employment Commission <commissioner of
79-6 education> shall periodically review and recommend adjustments in
79-7 the level of fees to the <State Board of Education and the>
79-8 legislature.
79-9 (c) For purposes of this section, the gross amount of annual
79-10 student fees and tuition for a proprietary school is the amount
79-11 determined by the Texas Employment Commission <State Board of
79-12 Education> based on any report submitted by the school to the Texas
79-13 Employment Commission <Central Education Agency> or other
79-14 information obtained by the commission <agency>.
79-15 (d) In connection with the regulation of any school or
79-16 course through a memorandum of understanding pursuant to Section
79-17 32.12(c) of this code, the Administrator shall set an application
79-18 and annual renewal fee, not to exceed $2,000. The fee shall be
79-19 approved by the Texas Employment Commission <State Board of
79-20 Education> to be an amount reasonably calculated to cover the
79-21 administrative costs associated with assuming the additional
79-22 regulation.
79-23 (e) The fee for an investigation at a school to resolve a
79-24 complaint filed against the school is $400. The fee may be charged
79-25 only if:
79-26 (1) the complaint could not have been resolved by
79-27 telephone or written correspondence only;
80-1 (2) a representative of the Texas Employment
80-2 Commission <Central Education Agency> visits the school as a part
80-3 of the complaint resolution process; and
80-4 (3) the school is found to be at fault.
80-5 SECTION 3.20. Section 32.81(a), Education Code, is amended
80-6 to read as follows:
80-7 (a) The cost of administration of this Chapter shall be
80-8 included in the State budget allowance for the Texas Employment
80-9 Commission <State Board of Education>.
80-10 SECTION 3.21. Sections 32.91(a), (c), and (d), Education
80-11 Code, are amended to read as follows:
80-12 (a) Except as provided by Subsection (e) of this section, at
80-13 the time that each school pays its annual renewal fee, in the years
80-14 provided by Subsection (c) of this section, the Texas Employment
80-15 Commission <State Board of Education> shall also collect a fee from
80-16 the school for deposit to the credit of a special fund in the state
80-17 treasury to be called the proprietary school tuition protection
80-18 fund.
80-19 (c) <Beginning on January 1, 1990, the board shall collect
80-20 the fee for two years.> If on January 1, 1993, or any subsequent
80-21 year the amount in the fund is less than $200,000, the Texas
80-22 Employment Commission <board> shall collect a fee during that year
80-23 by applying a percentage to each school's annual renewal fee at a
80-24 rate that will bring the balance of the fund to $250,000.
80-25 (d) The state treasurer shall invest the fund in the same
80-26 manner as other state funds. Sufficient funds from the tuition
80-27 protection fund shall be appropriated to the Texas Employment
81-1 Commission <Central Education Agency administration> for the
81-2 purpose outlined in this section.
81-3 SECTION 3.22. Section 32.92(a), Education Code, is amended
81-4 to read as follows:
81-5 (a) If a proprietary school closes, the Texas Employment
81-6 Commission <Central Education Agency> shall attempt to arrange for
81-7 students of the closed school to attend another proprietary school.
81-8 SECTION 3.23. Section 33.01(7), Education Code, is amended
81-9 to read as follows:
81-10 (7) "Commission" means the Texas Employment Commission
81-11 <"CEA" means the Central Education Agency>.
81-12 SECTION 3.24. Section 33.02(a), Education Code, is amended
81-13 to read as follows:
81-14 (a) Pursuant to the provisions of this chapter, the Texas
81-15 Employment Commission <commissioner of education> may allocate
81-16 state funds for the support of apprenticeship training programs
81-17 that meet the criteria set forth in this chapter.
81-18 SECTION 3.25. Section 33.04, Education Code, is amended to
81-19 read as follows:
81-20 Sec. 33.04. NOTICE OF AVAILABLE FUNDS. In order to ensure
81-21 <insure> that all citizens of this state <Texas> have an equal
81-22 opportunity to benefit from apprenticeship training programs, the
81-23 commission <State Board of Vocational Education> shall provide for
81-24 statewide publication in a manner recommended by the advisory
81-25 committee and intended to give actual notice to all potential
81-26 program sponsors of the amount of funds that will be available to
81-27 support apprenticeship training programs during the current and
82-1 following fiscal years, the qualifications required of program
82-2 sponsors and apprenticeship committees, and the procedures to be
82-3 followed in applying for state funds. The notice may also include
82-4 other information recommended by the advisory committee and
82-5 approved by the State Board of Vocational Education.
82-6 Notwithstanding the foregoing, the commission <State Board of
82-7 Vocational Education> shall publish any information concerning
82-8 available funds given to a particular program sponsor in a manner
82-9 recommended by the advisory committee and intended to give actual
82-10 notice to all potential program sponsors statewide.
82-11 SECTION 3.26. Sections 33.07(a) and (d), Education Code, are
82-12 amended to read as follows:
82-13 (a) The commission <CEA> shall maintain a clear audit trail
82-14 of all funds appropriated for the apprenticeship system of adult
82-15 vocational education. For each course that is funded, the audit
82-16 trail in the commission <CEA> shall include the following records:
82-17 (1) the name of the sponsoring public school district
82-18 or state postsecondary institution;
82-19 (2) the name of the instructor;
82-20 (3) the number of students enrolled;
82-21 (4) the place and schedule of class meetings; and
82-22 (5) certification by the BAT for preparatory and
82-23 related instruction courses that the students enrolled were
82-24 registered apprentices.
82-25 (d) All state funds appropriated to the commission under
82-26 <Central Education Agency pursuant to> this chapter are subject to
82-27 audit by the state auditor in accordance with Chapter 321,
83-1 Government Code. Funds received under <pursuant to> this chapter
83-2 by a school district or postsecondary institution are subject to
83-3 audit as otherwise provided by law.
83-4 SECTION 3.27. Section 33.08, Education Code, is amended to
83-5 read as follows:
83-6 Sec. 33.08. APPROPRIATION AND DISTRIBUTION OF FUNDS.
83-7 (a) On recommendation of the advisory committee the State Board of
83-8 Vocational Education, in conjunction with the commission, shall
83-9 adopt formulas and administrative procedures to be used in
83-10 requesting appropriations of state funds as a budgetary line item
83-11 for the Apprenticeship System of Adult Vocational Education.
83-12 (b) The commission <CEA> shall prepare an update to the
83-13 Apprenticeship Related Instruction Cost Study adopted by the State
83-14 Board of Education on February 10, 1973, prior to each biennial
83-15 session of the legislature.
83-16 (c) On recommendation of the advisory committee the State
83-17 Board of Vocational Education, in conjunction with the commission,
83-18 shall adopt forms, formulas, and administrative procedures for the
83-19 distribution of available funds to apprenticeship training
83-20 programs. Distribution formulas must be uniform in application to
83-21 all local program sponsors.
83-22 (d) On recommendation of the advisory committee the State
83-23 Board of Vocational Education, in conjunction with the commission,
83-24 shall reserve until December 1 of each year a percentage of the
83-25 funds appropriated under the line item described in this section to
83-26 be used solely for apprenticeship-related instruction programs.
83-27 This percentage shall be established by the formulas required by
84-1 this section. Reserved funds that are not obligated on December 1
84-2 may be used for preparatory and supplementary instruction programs
84-3 as well as related instruction programs.
84-4 (e) No funds shall be distributed to a public school
84-5 district or state postsecondary institution until the district or
84-6 institution has filed all reports required by this chapter, <and
84-7 by> the State Board of Vocational Education, and the commission.
84-8 SECTION 3.28. Section 33.09, Education Code, is amended to
84-9 read as follows:
84-10 Sec. 33.09. RULES. The State Board of Vocational Education,
84-11 in conjunction with the commission, shall promulgate rules
84-12 necessary to implement the provisions of this chapter.
84-13 SECTION 3.29. Section 33.10(a), Education Code, is amended
84-14 to read as follows:
84-15 (a) Recommendations of the advisory committee submitted to
84-16 the State Board of Vocational Education or the commission must be
84-17 acted on, and either accepted or rejected.
84-18 SECTION 3.30. Section 481.026, Government Code, is amended
84-19 to read as follows:
84-20 Sec. 481.026. <DUTIES OF> LITERACY <COUNCIL; INTERAGENCY
84-21 WORK GROUP>. (a) In this section, "commission" means the Texas
84-22 Employment Commission.
84-23 (b) The commission <Texas Literacy Council> shall:
84-24 (1) advise the governor, the State Job Training
84-25 Coordinating Council, the State Board of Education, the Texas
84-26 Higher Education Coordinating Board, and any group interested in
84-27 literacy on policy, planning, research, and program development;
85-1 (2) coordinate the development and maintenance of a
85-2 literacy services delivery system;
85-3 (3) oversee the attainment of the state's literacy
85-4 goals;
85-5 (4) build a partnership with the private sector in
85-6 order to inform the objectives-setting process and to gain
85-7 acceptance of the services of a functional literacy program;
85-8 (5) provide state leadership to encourage and support
85-9 local and statewide literacy efforts;
85-10 (6) <advise the State Board of Education on needs,
85-11 priorities, and standards of adult literacy education programs
85-12 conducted in accordance with Section 11.18, Education Code;>
85-13 <(7)> advocate the importance of literacy to ensure
85-14 that all in need of assistance understand the benefits of increased
85-15 functional literacy and to ensure that the necessary resources are
85-16 available;
85-17 (7) <(8)> make literacy instruction available to
85-18 adults and out-of-school youth by ensuring that a comprehensive
85-19 literacy instruction capacity is present in every Texas community;
85-20 (8) <(9)> coordinate and improve local literacy
85-21 instruction to ensure the most efficient and effective use of
85-22 resources to meet adult education goals;
85-23 (9) <(10)> identify state and local literacy programs
85-24 and enter them in a directory for centralized referral and
85-25 communication;
85-26 (10) <(11)> continue oversight of literacy needs
85-27 analysis;
86-1 (11) <(12)> continue to develop an awareness campaign;
86-2 (12) <(13)> develop a timetable and objectives for
86-3 reaching the proposed goals and subgoals; and
86-4 (13) <(14)> make recommendations to the governor,
86-5 lieutenant governor, and speaker of the house of representatives or
86-6 other state officials or organizations that it considers
86-7 appropriate regarding the expenditure of funds and the
86-8 administration of programs.
86-9 <(b) An interagency work group is created to advise the
86-10 council. The advisory work group is composed of representatives
86-11 from the Central Education Agency, Texas State Library and Archives
86-12 Commission, Texas Higher Education Coordinating Board, Texas
86-13 Employment Commission, Texas Department of Corrections, Texas
86-14 Department of Human Services, Texas Rehabilitation Commission,
86-15 Advisory Council for Technical Vocational Education, and State Job
86-16 Training Coordinating Council.>
86-17 <(c) The council shall, with advice from the advisory work
86-18 group, develop, adopt, and present to the 72nd Legislature a
86-19 five-year strategic plan for comprehensive Texas literacy efforts.
86-20 The plan must include:>
86-21 <(1) identification of all money from private, local,
86-22 and federal sources available for investment in state and community
86-23 literacy programs;>
86-24 <(2) proposals for acquiring local, state, and federal
86-25 money identified in A Guide to Adult Literacy Funds and Resources
86-26 to provide maximum support for state and community programs;>
86-27 <(3) proposals for coordination of state government
87-1 resources, planning, and personnel among the agencies advising the
87-2 council, to ensure, within budget constraints and consistent with
87-3 existing missions, general access to state support services for
87-4 community programs;>
87-5 <(4) identification of program shortages and gaps in
87-6 service delivery, and proposals to establish a comprehensive
87-7 service delivery system for all regions of the state and all target
87-8 populations;>
87-9 <(5) an appropriate balance in recommended funding and
87-10 support services for both adult literacy training and early student
87-11 intervention, to ensure development of a continuum of literacy
87-12 training services targeted at family needs;>
87-13 <(6) a discussion of evaluation tools used to measure
87-14 student and program performance, in order to assure policymakers of
87-15 concrete achievements and accountability for public funds; and>
87-16 <(7) other items that should be included in the
87-17 judgment of the council.>
87-18 (c) <(d)> The commission <department> may award literacy
87-19 grants out of state, local, federal, and private money available to
87-20 the commission <department> for that purpose. Grants shall be
87-21 awarded under guidelines set by the commission <council>. The
87-22 guidelines shall include a competitive request for proposal process
87-23 that includes<, designed by the council with the assistance of its
87-24 advisory work group. The process shall include> criteria for
87-25 evaluating the proposals.
87-26 (d) <(e)> The commission <council> may establish a Texas
87-27 literacy trust fund for the purpose of collecting private funds for
88-1 distribution to community literacy programs. The fund must meet
88-2 all applicable requirements under state and federal law necessary
88-3 for qualification as a nonprofit trust. The fund, if established,
88-4 shall be a separate fund kept and held in escrow and in trust by
88-5 the state treasurer for and on behalf of the commission <council>
88-6 as funds held outside the treasury under Section 404.073. Unless
88-7 prohibited by other law, the state treasurer may invest and
88-8 reinvest the money, pending its use, in the fund in investments
88-9 authorized by law for state funds that the state treasurer
88-10 considers appropriate. The commission <department> shall distribute
88-11 money from the fund under guidelines set by the commission
88-12 <council>.
88-13 SECTION 3.31. Section 501.095(b), Government Code, is
88-14 amended to read as follows:
88-15 (b) An agency of the state not listed in this section
88-16 <subsection> that determines that it may provide services to
88-17 inmates with a history of chronic unemployment may participate in
88-18 the development of the memorandum, if the parties listed in this
88-19 section <subsection> approve the agency's participation.
88-20 SECTION 3.32. Section 31.012, Human Resources Code, is
88-21 amended to read as follows:
88-22 Sec. 31.012. JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM.
88-23 (a) In the event the federal job opportunities and basic skills
88-24 program for recipients of Aid to Families with Dependent Children
88-25 is discontinued or is inadequate to meet the recipients' needs, the
88-26 state shall operate a program to provide employment, education, and
88-27 training opportunities, subject to available funds.
89-1 (b) A state program operated under this section shall be
89-2 administered by the Texas Employment Commission.
89-3 SECTION 3.33. Section 31.0125, Human Resources Code, is
89-4 amended to read as follows:
89-5 Sec. 31.0125. COMMUNITY WORK EXPERIENCE PROGRAM. (a)
89-6 Subject to the availability of appropriations for client support
89-7 services, the Texas Employment Commission <department by rule>
89-8 shall develop and implement a community work experience program in
89-9 accordance with federal law as a part of the job opportunities and
89-10 basic skills (JOBS) training program under Part F, Subchapter IV,
89-11 Social Security Act (42 U.S.C. Section 682).
89-12 (b) In adopting rules under this section, the Texas
89-13 Employment Commission <department> shall:
89-14 (1) establish the criteria for determining which
89-15 recipients of financial assistance under this chapter who are
89-16 eligible to participate in the JOBS training program will be
89-17 required to participate in the community work experience program;
89-18 (2) ensure that participation in the community work
89-19 experience program will not result in the displacement of an
89-20 employee from an existing position or the elimination of a vacant
89-21 position;
89-22 (3) ensure that the community work experience program
89-23 will not impair an existing service contract or collective
89-24 bargaining agreement;
89-25 (4) ensure that an entity or agency that enters into
89-26 an agreement with the Texas Employment Commission <department>
89-27 under this section provides to a participant, without paying the
90-1 participant a salary, job training and work experience in certain
90-2 areas within the entity or agency;
90-3 (5) require that each entity or agency that enters
90-4 into a cooperative agreement with the Texas Employment Commission
90-5 <department> under this section identify positions within the
90-6 entity or agency that will enable a participant to gain the skills
90-7 and experience necessary to be able to compete in the labor market
90-8 for comparable positions; and
90-9 (6) amend the service delivery system of the JOBS
90-10 training program to require a participant in the JOBS training
90-11 program who is unemployed after completing the JOBS readiness
90-12 activities outlined in the participant's employability plan,
90-13 including job search, to participate in the community work
90-14 experience program.
90-15 (c) To implement the community work experience program, the
90-16 Texas Employment Commission <department> shall enter into written
90-17 nonfinancial cooperative agreements with entities that receive
90-18 funds under a federal Head Start program and with state agencies,
90-19 including institutions of higher education or other entities of
90-20 state government. To be eligible to enter into a contract under
90-21 this section, the entity or agency must employ at least 250
90-22 persons. The Texas Employment Commission <department> and the
90-23 entity or agency may waive this requirement by mutual agreement.
90-24 (d) The Texas Employment Commission <department> and an
90-25 entity or agency that enters into an agreement under this section
90-26 must establish participation requirements for the entity or agency
90-27 under the community work experience program. The requirements must
91-1 be contained in the agreement.
91-2 SECTION 3.34. Sections 101.023(b) and (c), Human Resources
91-3 Code, are amended to read as follows:
91-4 (b) The Texas Employment Commission <department> may
91-5 establish and administer a community program for persons 55 years
91-6 of age or older who lack suitable employment and have family
91-7 incomes under federal poverty guidelines.
91-8 (c) The Texas Employment Commission <department> may
91-9 contract with a public agency or a private, nonprofit organization
91-10 with experience in managing similar programs to employ persons
91-11 under this program in providing recreation, beautification,
91-12 conservation, or restoration services, or public service employment
91-13 positions for state, county, city, or regional governments or
91-14 school districts. The Texas Employment Commission <department> may
91-15 not contract with an organization that is not a subscriber under
91-16 the state workers' compensation law or that does not pay the
91-17 federal minimum wage rate or the prevailing wage rate for the
91-18 particular job, whichever is greater.
91-19 SECTION 3.35. Section 3, Texas Driver and Traffic Safety
91-20 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
91-21 is amended to read as follows:
91-22 Sec. 3. DEFINITIONS. In this Act:
91-23 (1) "Commission" <"Agency" means the Central Education
91-24 Agency, acting directly or through its authorized officers and
91-25 agents.>
91-26 <(2) "Board" means the State Board of Education.>
91-27 <(3) "Commissioner"> means the Texas Employment
92-1 Commission <commissioner of education> or a person knowledgeable in
92-2 the administration of regulating driver training schools and
92-3 designated by the commission <commissioner> to administer this Act.
92-4 (2) <(4)> "Driver education" means a nonvocational
92-5 course of instruction that provides the knowledge and hands-on
92-6 experience to prepare persons for written and practical driving
92-7 tests that lead to authorization to operate a vehicle.
92-8 (3) <(5)> "Driver training school" or "school" means
92-9 any enterprise that maintains a place of business or solicits
92-10 business in the state, that is operated by an individual,
92-11 association, partnership, or corporation, for the education and
92-12 training of persons, at a primary location or extension, in driver
92-13 education, driving safety, or any instructor development program,
92-14 and that is not specifically exempted by this Act.
92-15 (4) <(6)> "Driving safety course" means a course of
92-16 instruction intended to improve a driver's knowledge, perceptions,
92-17 and attitudes about driving.
92-18 (5) <(7)> "Extension" means an entity that
92-19 geographically extends the educational resources of a driver
92-20 training school by offering a driving safety course in a location
92-21 other than the main business location of the school. An extension
92-22 may use multiple locations to teach a driving safety course if each
92-23 location is approved by the parent school and the commission
92-24 <agency>. A driver education course may not be conducted at an
92-25 extension. An extension of an extension is not permitted.
92-26 (6) <(8)> "Operator" means a person approved by a
92-27 driving safety course owner or consignee to conduct a
93-1 commission-approved <an agency-approved> driving safety course.
93-2 (7) <(9)> "Owner" means:
93-3 (A) in the case of a school owned by an
93-4 individual, the individual;
93-5 (B) in the case of a school owned by a
93-6 partnership, all full, silent, or limited partners; or
93-7 (C) in the case of a school owned by a
93-8 corporation, the corporation, its directors, officers, and each
93-9 shareholder owning at least 10 percent of the total of the issued
93-10 and outstanding shares.
93-11 (8) <(10)> "Person" means an individual, firm,
93-12 partnership, association, corporation, or other private entity or
93-13 combination of persons.
93-14 (9) <(11)> "School employee" means any person, other
93-15 than an owner, who directly or indirectly receives compensation
93-16 from the school for services rendered.
93-17 (10) <(12)> "Support" means the primary source and
93-18 means by which a school derives revenue.
93-19 (11) <(13)> "Suspension of enrollment" means a ruling
93-20 by the commission <commissioner> that restricts a school from
93-21 accepting enrollments or reenrollments, advertising, soliciting, or
93-22 directly or indirectly advising prospective students of its program
93-23 or course offerings.
93-24 (12) <(14)> "Uniform certificate of completion" means
93-25 a document that is printed, administered, and supplied by the
93-26 commission <agency> to owners or primary consignees for issuance to
93-27 students who successfully complete a commission-approved <an
94-1 agency-approved> driving safety course and that meets the
94-2 requirements of Section 143A, Uniform Act Regulating Traffic on
94-3 Highways (Article 6701d, Vernon's Texas Civil Statutes).
94-4 (13) <(15)> "Instructor" means an individual who has
94-5 been licensed by the commission <agency> for the type of
94-6 instruction being given.
94-7 SECTION 3.36. Section 4, Texas Driver and Traffic Safety
94-8 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
94-9 is amended to read as follows:
94-10 Sec. 4. GENERAL POWERS AND DUTIES. (a) The commission
94-11 <agency> shall exercise jurisdiction and control of the system of
94-12 schools, and the commission <commissioner> shall administer this
94-13 Act and enforce minimum standards for schools under this Act.
94-14 (b) The commission <board> shall enter into a memorandum of
94-15 understanding with the Texas Rehabilitation Commission and the
94-16 Department of Public Safety for the interagency development of
94-17 curricula and licensing criteria for hospital and rehabilitation
94-18 facilities that teach driver education. The commission <agency>
94-19 shall administer comprehensive rules governing driver education
94-20 courses adopted by mutual agreement between the commission <board>,
94-21 the Texas Rehabilitation Commission, and the Department of Public
94-22 Safety. The commission <board> shall file the rules with the
94-23 secretary of state.
94-24 SECTION 3.37. Section 6, Texas Driver and Traffic Safety
94-25 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
94-26 is amended to read as follows:
94-27 Sec. 6. RULES; CERTIFICATION <DUTIES OF COMMISSIONER>.
95-1 <(a)> The commission <commissioner> shall carry out the policies
95-2 of this Act, adopt <enforce> rules to implement this Act <adopted
95-3 by the board>, and certify those schools meeting the requirements
95-4 for a driver training school license.
95-5 <(b) The commissioner may adopt and enforce temporary rules
95-6 under this Act, but the temporary rules are valid only until the
95-7 next meeting of the board.>
95-8 SECTION 3.38. Section 7(c), Texas Driver and Traffic Safety
95-9 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
95-10 is amended to read as follows:
95-11 (c) A driver education course is exempt from this Act if it
95-12 is:
95-13 (1) a vocational driver training school operated to
95-14 train or prepare a person for a field of endeavor in a business,
95-15 trade, technical, or industrial occupation;
95-16 (2) a school or training program that offers only
95-17 instruction of purely avocational or recreational subjects as
95-18 determined by the commission <commissioner>;
95-19 (3) a course of instruction or study sponsored by an
95-20 employer for the training of its own employees, and no tuition is
95-21 charged to a student;
95-22 (4) a course of study or instruction sponsored by a
95-23 recognized trade, business, or professional organization for the
95-24 instruction of the members of the organization with a closed
95-25 membership;
95-26 (5) a school that is otherwise regulated and approved
95-27 under any other state law; or
96-1 (6) a course of study conducted by a college or
96-2 university to train unlicensed individuals.
96-3 SECTION 3.39. Sections 8 and 9, Texas Driver and Traffic
96-4 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
96-5 Statutes), are amended to read as follows:
96-6 Sec. 8. COMPETITIVE BIDDING; ADVERTISING. (a) The
96-7 commission <board> may not adopt rules to restrict competitive
96-8 bidding or advertising by a driver training school except to
96-9 prohibit false, misleading, or deceptive competitive bidding or
96-10 advertising practices. Specifically, no rule may restrict:
96-11 (1) the use of an advertising medium;
96-12 (2) the outside dimensions of a printed advertisement
96-13 or outdoor display;
96-14 (3) the duration of an advertisement; or
96-15 (4) advertisement under a trade name.
96-16 (b) The commission <board> may adopt rules to restrict
96-17 advertising by a branch location of a school so that the branch
96-18 location adequately identifies its primary driver training school
96-19 in any solicitation.
96-20 Sec. 9. Prohibitions. A person may not:
96-21 (1) operate a school without a driver training school
96-22 license issued by the commission <commissioner>;
96-23 (2) utilize advertising designed to mislead or deceive
96-24 a prospective student;
96-25 (3) fail to notify the commission <commissioner> of
96-26 the discontinuance of the operation of any school within three
96-27 working days after cessation of classes and make available accurate
97-1 records as required by this Act;
97-2 (4) sell, trade, or transfer a uniform certificate of
97-3 completion to any person, school, or extension not authorized to
97-4 possess it;
97-5 (5) sell, trade, or transfer a uniform certificate of
97-6 completion to a student who has not successfully completed a
97-7 commission-approved <an agency-approved>, six-hour driving safety
97-8 course;
97-9 (6) negotiate any promissory instrument received as
97-10 payment of tuition or other charge before completion of 75 percent
97-11 of the course, except that before that time, the instrument may be
97-12 assigned to a purchaser who will be subject to all the defenses
97-13 available against the school named as payee;
97-14 (7) conduct any part of a commission-approved <an
97-15 agency-approved> driver education or driving safety course without
97-16 an instructor who is physically present in appropriate proximity to
97-17 the student for the type of instruction being given; or
97-18 (8) violate any provision of this Act.
97-19 SECTION 3.40. Section 11, Texas Driver and Traffic Safety
97-20 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
97-21 is amended to read as follows:
97-22 Sec. 11. LOCATIONS AUTHORIZED FOR INSTRUCTION. Driving
97-23 safety courses complying with Section 143A, Uniform Act Regulating
97-24 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
97-25 may be taught at an extension or in a driver training school if the
97-26 entity is approved by the commission <agency>. Instructor
97-27 preparation courses may be conducted at a course owner's
98-1 facilities. All other driver training courses must be conducted in
98-2 <agency-approved> schools approved by the commission.
98-3 SECTION 3.41. Sections 12(a) and (b), Texas Driver and
98-4 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
98-5 Civil Statutes), are amended to read as follows:
98-6 (a) To operate or do business in this state, a school must
98-7 make written application to the commission <commissioner> for a
98-8 driver training school license. The application must be verified,
98-9 be in the form prescribed by the commission <board>, and include
98-10 all information required. A school that offers driving safety
98-11 courses shall obtain approval from the commission <agency> for any
98-12 extension.
98-13 (b) A school may not maintain, advertise, solicit for, or
98-14 conduct any course of instruction in this state before the later
98-15 of:
98-16 (1) the 30th day after the date the school submits all
98-17 required documentation, information, and fees and a surety bond for
98-18 a driver training school license; or
98-19 (2) the date the school receives a driver training
98-20 school license from the commission <commissioner>.
98-21 SECTION 3.42. Section 13, Texas Driver and Traffic Safety
98-22 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
98-23 is amended to read as follows:
98-24 Sec. 13. REQUISITES FOR LICENSE. (a) The commission
98-25 <commissioner> shall approve the application of a school when the
98-26 school is found, on investigation at the premises of the school, to
98-27 meet the following criteria:
99-1 (1) the courses, curriculum, and instruction are of
99-2 such quality, content, and length as may reasonably and adequately
99-3 achieve the stated objective for which the courses, curriculum, and
99-4 instruction are offered;
99-5 (2) there are in the school, and in the provision for
99-6 behind-the-wheel instruction, adequate space, equipment,
99-7 instructional material, and instructors to provide training of good
99-8 quality;
99-9 (3) educational and experience qualifications of
99-10 directors, instructors, and administrators are adequate;
99-11 (4) a copy of the schedule of tuition, fees, refund
99-12 policy, and other charges, regulations pertaining to absence,
99-13 grading policy, and rules of operation and conduct, and the name,
99-14 mailing address, and telephone number of the commission <agency>
99-15 for the purpose of directing complaints to the commission <agency>
99-16 is furnished to each student before enrollment;
99-17 (5) on completion of training, each student is given a
99-18 certificate by the school indicating the course name and
99-19 satisfactory completion;
99-20 (6) adequate records as prescribed by the commission
99-21 <commissioner> are kept to show attendance and progress or grades,
99-22 and satisfactory standards relating to attendance, progress, and
99-23 conduct are enforced;
99-24 (7) the school complies with all county, municipal,
99-25 state, and federal regulations, including fire, building, and
99-26 sanitation codes and assumed name registration;
99-27 (8) the school is financially sound and capable of
100-1 fulfilling its commitments for training;
100-2 (9) the school's administrators, directors, owners,
100-3 and instructors are of good reputation and character;
100-4 (10) the school has, maintains, and publishes as part
100-5 of its student enrollment contract the proper policy for the refund
100-6 of the unused portion of tuition, fees, and other charges if a
100-7 student enrolled by the school fails to take the course or
100-8 withdraws or is discontinued from the school at any time before
100-9 completion;
100-10 (11) the school does not use erroneous or misleading
100-11 advertising, either by actual statement, omission, or intimation,
100-12 as determined by the commission <board>;
100-13 (12) the school does not use a name like or similar to
100-14 the name of another existing school or tax-supported educational
100-15 establishment in this state, unless specifically approved in
100-16 writing by the commission <commissioner>;
100-17 (13) the school submits to the commission <agency> for
100-18 approval the applicable course hour lengths and curriculum content
100-19 for each course offered by the school;
100-20 (14) the school does not owe a civil penalty under
100-21 this Act; and
100-22 (15) additional criteria as may be required by the
100-23 commission <board>.
100-24 (b)<(1)> License, application, and registration fees shall
100-25 be collected by the commission <commissioner> and deposited with
100-26 the state treasurer. Fees shall be sufficient to cover
100-27 administrative costs and may not be subject to refund. Each fee
101-1 shall be set by the commission <commissioner and approved by the
101-2 board> in an amount not to exceed 150 percent of the following:
101-3 (1) <(A)> the initial fee for a driver training school
101-4 license is $1,700 plus $850 for each branch location;
101-5 (2) <(B)(i)> annual renewal fees as specified in this
101-6 subsection may be waived by the commission <agency> if revenue
101-7 generated by the sale of uniform certificates of completion is
101-8 sufficient to fund the cost of administering this Act and Section
101-9 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
101-10 Vernon's Texas Civil Statutes); <and>
101-11 (3) <(ii)> the annual renewal fee for a school license
101-12 shall be determined by the commission <board> in an amount
101-13 sufficient to fund the cost of administering this Act and Section
101-14 143A, Uniform Act Regulating Traffic on Highways (Article 6701d,
101-15 Vernon's Texas Civil Statutes);
101-16 (4) <(C)> the fee for a change of address of a school
101-17 is $180;
101-18 (5) <(D)> the fee for a change of name of a school or
101-19 owner is $100;
101-20 (6) <(E)> the application fee for each additional
101-21 course is $25;
101-22 (7) <(F)> the application fee for each director is
101-23 $30, and for each assistant director, or administrative staff
101-24 member is $15;
101-25 (8) <(G)> the fee for each extension is $35;
101-26 (9) <(H)> each application for an original driver
101-27 training instructor's license shall be accompanied by a processing
102-1 fee of $50 and an annual license fee of $25; and
102-2 (10) <(I)> the fee for a duplicate license, which may
102-3 be issued if the original is lost or destroyed and an affidavit of
102-4 that fact is filed with the commission <agency>, shall be set by
102-5 the commission <board> in an amount sufficient to cover the costs
102-6 of issuing the duplicate license.
102-7 (c) <(2)> A driver education instructor who teaches driver
102-8 education courses in a county having a population of 50,000 or
102-9 less, according to the most recent federal census, and who has no
102-10 more than 200 students annually, shall be regulated by the
102-11 commission <agency> as a school. An instructor described by this
102-12 subdivision shall submit a school application or renewal form plus
102-13 all required documentation and information to the commission
102-14 <agency>. The commission <commissioner> may waive initial school
102-15 fees, annual school renewal fees, or director's or administrative
102-16 staff member's fees. An instructor described by this subsection
102-17 <subdivision> is not exempt from licensing requirements or fees.
102-18 (d) <(3)> The commission <commissioner> shall periodically
102-19 review and adjust <recommend adjustments in> the level of fees <to
102-20 the board and legislature>.
102-21 (e) <(4)> The fee for an investigation at a school to
102-22 resolve a complaint filed against the school shall be set by the
102-23 commission <commissioner and approved by the board>. The complaint
102-24 investigation fee may be charged only if:
102-25 (1) <(A)> the complaint could not have been resolved
102-26 solely by telephone or written correspondence;
102-27 (2) <(B)> a representative of the commission <agency>
103-1 visited the school as a part of the complaint resolution process;
103-2 and
103-3 (3) <(C)> the school is found to be at fault.
103-4 (f) <(5)> The commission <agency> shall print and supply
103-5 serially numbered uniform certificates of course completion to
103-6 owners or primary consignees of courses approved under this Act.
103-7 The commission <agency> may charge a fee of $1 for each
103-8 certificate. An owner or consignee may not charge an operator a
103-9 fee in excess of the fee paid to the commission <agency> for a
103-10 certificate.
103-11 (g) <(6)> The commission <commissioner, with approval of the
103-12 board,> may increase any fee authorized under this section
103-13 <subsection> at a rate that does not exceed the increase in the
103-14 Consumer Price Index for All Urban Consumers published by the
103-15 Department of Labor. Fees under this section <subsection> do not
103-16 have to be increased annually.
103-17 (h) <(7)> Fees collected under this section <subsection>
103-18 shall be deposited in the state treasury in a special account in
103-19 the General Revenue Fund. Money in the account may be appropriated
103-20 only for the administration of this Act and Section 143A, Uniform
103-21 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
103-22 Civil Statutes).
103-23 (i) <(c)> The cost of administration of this Act shall be
103-24 included in the state budget allowance for the commission <board>.
103-25 (j) <(d)(1)> The commission <commissioner>, on review of an
103-26 application for a driver training school license that is submitted
103-27 in accordance with this Act and that meets the requirements of this
104-1 Act, shall issue a driver training school license to the applicant.
104-2 A driver training school license shall be in the <a> form
104-3 prescribed <recommended> by the commission <commissioner and
104-4 approved by the board> and shall show in a clear and conspicuous
104-5 manner at least the following:
104-6 (1) <(A)> the date of issuance, effective date, and
104-7 term of approval;
104-8 (2) <(B)> the name and address of the school;
104-9 (3) <(C)> the authority for approval and conditions of
104-10 approval;
104-11 <(D) the signature of the commissioner;> and
104-12 (4) <(E)> any other fair and reasonable
104-13 representations that are consistent with this Act and considered
104-14 necessary by the commission <commissioner>.
104-15 (k) <(2)> The term for which a driver training school
104-16 license is issued may not exceed one year.
104-17 (l) <(3)(A)> A driver training school license issued to an
104-18 owner of the applicant school is nontransferable and is the
104-19 property of the state. In the event of a change in ownership of
104-20 the school, a new owner shall, at least 30 days before the date of
104-21 the change in ownership, apply for a new driver training school
104-22 license. Instead of the fees required by Subsection (b) of this
104-23 section, the fee for a new license required under this subsection
104-24 <subdivision> is $500, plus $200 for each branch location, if the
104-25 purchasing entity is substantially similar to the transferring
104-26 entity and there is no significant change in the management or
104-27 control of the school.
105-1 (m) <(B)> The commission <commissioner> is not required to
105-2 reinspect a school or a branch location after a change of its
105-3 ownership.
105-4 (n) <(4)> At least 30 days before the expiration of a driver
105-5 training school license, the school shall forward to the commission
105-6 <commissioner> an application for renewal. The commission
105-7 <commissioner> may reexamine the school premises and shall renew or
105-8 cancel the school's driver training school license. If a school
105-9 fails to file a complete application for renewal at least 30 days
105-10 before the expiration date of the driver training school license,
105-11 the school shall pay as a condition of renewal and in addition to
105-12 any annual renewal fee a late renewal fee in an amount established
105-13 by <board> rule of at least $100, subject to Subsection (b) of this
105-14 section.
105-15 (o) <(5)> The commission <commissioner> shall visit a school
105-16 and reexamine the school for compliance with the criteria adopted
105-17 under this Act.
105-18 (p) <(e)(1)> If the commission <commissioner> determines the
105-19 applicant for a driver training school license to be unacceptable,
105-20 the commission <commissioner> shall state the reasons for denial,
105-21 in writing, to the applicant.
105-22 (q) <(2)> Any applicant whose driver training school license
105-23 is denied has the right of appeal under Section 18 of this Act.
105-24 (r) <(f)(1)> The commission <commissioner> may revoke a
105-25 driver training school license or may place reasonable conditions
105-26 on the continued approval represented by the license. On
105-27 revocation or imposition of conditions on a driver training school
106-1 license, the commission <commissioner> shall notify the licensee,
106-2 in writing, of the impending action and state the grounds for the
106-3 proposed action. The commission <commissioner> may reexamine a
106-4 school two or more times during any year in which a notice relating
106-5 to the school has been issued or conditions have been imposed on
106-6 the school under this section <subsection>.
106-7 (s) <(2)> A driver training school license may be revoked or
106-8 be made conditional if the commission <commissioner> has reasonable
106-9 cause to believe that the school is guilty of a violation of this
106-10 Act or any rule adopted under this Act.
106-11 (t) <(g)> Before a driver training school license may be
106-12 issued under this Act, a bond shall be provided by the school for
106-13 the period for which the license is to be issued, and the
106-14 obligation of the bond shall be that neither a provision of this
106-15 Act nor any rule adopted under this Act shall be violated by the
106-16 school or any of its officers, agents, or employees. A driver
106-17 training school that teaches driver education shall submit a bond
106-18 in the amount of $10,000 for its primary driver training school and
106-19 $5,000 for each branch location of the school. All other schools
106-20 shall submit a bond in the amount of $5,000. A bond must be a
106-21 corporate surety bond issued by a company authorized to do business
106-22 in the state, be payable to the state, and be used only for payment
106-23 of a refund due to a student or potential student. The bond shall
106-24 be filed with the commission <commissioner> and shall be in such
106-25 form as shall be approved by the commission <commissioner>.
106-26 Posting of these bond amounts shall satisfy the requirements for
106-27 financial stability for schools under this Act.
107-1 (u) <(h)(1)> As a condition for the granting of a driver
107-2 training school license, a school must maintain a cancellation and
107-3 settlement policy that provides a full refund of all money paid by
107-4 a student if:
107-5 (1) <(A)> the student cancels the enrollment agreement
107-6 or contract before midnight of the third day, excluding Saturdays,
107-7 Sundays, and legal holidays, after the date the enrollment contract
107-8 is signed by the prospective student, unless the student has
107-9 completed the course and accepted a certificate of completion
107-10 during that period; or
107-11 (2) <(B)> the enrollment of the student was procured
107-12 as a result of any misrepresentation in advertising, promotional
107-13 materials of the school, or representation made by an owner or
107-14 employee of the school.
107-15 (v) <(2)> Unless only driving safety courses are proposed to
107-16 be provided, as a condition for granting a driver training school
107-17 license, a school shall maintain a policy for the refund of the
107-18 unused portion of tuition, fees, and other charges if a student,
107-19 after expiration of the cancellation period described by Subsection
107-20 (u) <Subdivision (1)> of this section <subsection>, fails to enter
107-21 the course, withdraws, or is discontinued from the course at any
107-22 time before completion, and the policy must provide that:
107-23 (1) <(A)> refunds are based on the period of
107-24 enrollment computed on the basis of course time expressed in clock
107-25 hours;
107-26 (2) <(B)> the effective date of the termination for
107-27 refund purposes is the earliest of the following:
108-1 (A) <(i)> the last day of attendance, if the
108-2 student's enrollment is terminated by the school;
108-3 (B) <(ii)> the date of receipt of written notice
108-4 from the student; or
108-5 (C) <(iii)> the 10th school day following the
108-6 last day of attendance;
108-7 (3) <(C)> if tuition is collected in advance of
108-8 entrance and if, after expiration of the cancellation period
108-9 described by Subsection (u) <Subdivision (1)> of this section
108-10 <subsection>, a student does not enter the school, terminates
108-11 enrollment, or withdraws, the school may retain up to $50 as
108-12 administrative expenses and, from the remainder, shall refund that
108-13 portion of the classroom tuition and fees and behind-the-wheel
108-14 tuition and fees for services not previously received by the
108-15 student;
108-16 (4) <(D)> refunds of items of extra expense to the
108-17 student, including instructional supplies, books, laboratory fees,
108-18 service charges, rentals, deposits, and all other such ancillary
108-19 miscellaneous charges, will be made within 30 days after the
108-20 effective date of enrollment termination, if these items are
108-21 separately stated and shown in the data furnished the student
108-22 before enrollment; and
108-23 (5) <(E)> refunds will be completed within 30 days
108-24 after the effective date of enrollment termination.
108-25 (w) <(3)> If the course of instruction is discontinued by
108-26 the school, preventing a student from completing the course, all
108-27 tuition and fees paid are then due and refundable.
109-1 (x) <(4)> If a refund is not made within the period required
109-2 by this section <subsection>, the school shall pay interest on the
109-3 refund for the interval beginning with the first day following the
109-4 expiration of the refund period and ending with the day immediately
109-5 preceding the date the refund is made. The commission
109-6 <commissioner> annually shall establish the rate of interest at a
109-7 rate sufficient to provide a deterrent to the retention of student
109-8 funds. The commission <agency> may except a school from the
109-9 payment of the interest if the school makes a good-faith effort to
109-10 refund tuition but is unable to locate the student to whom the
109-11 refund is owed. The school shall provide on request of the
109-12 commission <agency> documentation of the effort to locate a
109-13 student.
109-14 SECTION 3.43. Sections 15(a) and (c), Texas Driver and
109-15 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
109-16 Civil Statutes), are amended to read as follows:
109-17 (a) A person may not teach or give driver training, either
109-18 as an individual or in a driver training school, or any phase of
109-19 driver training or education, unless a license as an instructor has
109-20 been secured from the commission <agency>, except that:
109-21 (1) a driver education instructor teaching in a public
109-22 secondary school supported by taxation from either a local or state
109-23 source is exempt from this section;
109-24 (2) a driver education instructor in a college or
109-25 university regulated by the Texas Higher Education Coordinating
109-26 Board is exempt; and
109-27 (3) an instructor in a driving safety program that
110-1 does not provide a uniform certificate of completion to its
110-2 graduates is exempt from this section.
110-3 (c) A driver training instructor license shall be carried by
110-4 the instructor at all times while instructing. Each license shall
110-5 be <signed by the commissioner and> issued under the seal of the
110-6 commission <agency>.
110-7 SECTION 3.44. Section 16, Texas Driver and Traffic Safety
110-8 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
110-9 is amended to read as follows:
110-10 Sec. 16. DENIAL, SUSPENSION, REVOCATION GROUNDS. The
110-11 commission <agency> may deny, suspend, or revoke the license of any
110-12 instructor on any one or more of the following grounds:
110-13 (1) when the commission <agency> is satisfied that the
110-14 applicant or licensee fails to meet the requirements to receive or
110-15 hold a license under this Act;
110-16 (2) when the applicant or licensee permits fraud or
110-17 engages in fraudulent practices with reference to the application
110-18 to the commission <agency>, induces or countenances fraud or
110-19 fraudulent practices on the part of any applicant for a driver's
110-20 license or permit, or permits or engages in any other fraudulent
110-21 practice in any action between the applicant or licensee and the
110-22 public; or
110-23 (3) when the applicant or licensee fails to comply
110-24 with the rules of the commission <agency> regarding the instruction
110-25 of drivers in this state or fails to comply with any section of
110-26 this Act.
110-27 SECTION 3.45. Section 17, Texas Driver and Traffic Safety
111-1 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
111-2 is amended to read as follows:
111-3 Sec. 17. HEARING. (a) When there is cause to deny an
111-4 application or to suspend or revoke any license, the commission
111-5 <agency>, not less than 15 days before the date denial, suspension,
111-6 or revocation action is taken, shall notify the person in writing,
111-7 in person, or by certified mail at the last address supplied to the
111-8 commission <agency> by the person, of the impending denial,
111-9 suspension, or revocation, the reasons therefor, and of the
111-10 person's right to an administrative hearing for the purpose of
111-11 determining whether or not the evidence is sufficient to warrant
111-12 the denial, suspension, or revocation action proposed to be taken
111-13 by the commission <agency>. If, within 20 days after the date of
111-14 personal service of notice or the date notice was deposited in the
111-15 United States mail, the person has not made a written request to
111-16 the commission <agency> for an administrative hearing, the
111-17 commission <agency> is authorized to deny, suspend, or revoke the
111-18 license without a hearing. On receipt by the commission <agency>
111-19 of a written request of the person within the 20-day period, an
111-20 opportunity for an administrative hearing shall be afforded. In no
111-21 case shall the hearing be held less than 10 days after the date
111-22 written notification thereof, including a copy of the charges,
111-23 shall have been given the person by personal service or by
111-24 certified mail sent to the last address supplied to the commission
111-25 <agency> by the applicant or licensee.
111-26 (b) The commission <agency> shall conduct the administrative
111-27 hearing and is authorized to administer oaths and issue subpoenas
112-1 for the attendance of witnesses and the production of relevant
112-2 books, papers, and documents. On the basis of the evidence
112-3 submitted at the hearing, the commission <agency> shall take
112-4 whatever action it deems necessary in denying the application or
112-5 suspending or revoking the license.
112-6 SECTION 3.46. Sections 18(a)-(d), Texas Driver and Traffic
112-7 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
112-8 Statutes), are amended to read as follows:
112-9 (a) An applicant aggrieved by the denial of any license by
112-10 the commission <commissioner> has the right to appeal the decision
112-11 of the commission <commissioner> and request a hearing before the
112-12 commission <commissioner> within 15 days after the date of receipt
112-13 of notice. On receipt of a request for a hearing, the commission
112-14 <commissioner> shall set a time and place for the hearing and send
112-15 notice to the school of the time and place. A hearing shall be
112-16 held within 30 days after the date of receipt of the request. At
112-17 the hearing, an applicant may appear in person or by counsel and
112-18 present evidence in support of the granting of the license. Any
112-19 interested person may appear and present oral or documentary
112-20 evidence to the commission <commissioner> concerning the issuance
112-21 of a driver training school license to the applicant. Within 10
112-22 days after the date of the hearing, the commission <commissioner>
112-23 shall notify the applicant of the commission's <commissioner's>
112-24 affirmance or revocation of the denial of any license.
112-25 (b) The commission's <commissioner's> decision may be
112-26 appealed to a district court in Travis County.
112-27 (c) Unless stayed by the court on showing of good cause, the
113-1 commission's <commissioner's> decision may not be superseded during
113-2 appeal.
113-3 (d) On filing of the lawsuit, citation shall be served on
113-4 the commission <commissioner>, which <who> shall cause to be made a
113-5 complete record of all proceedings had before the commission
113-6 <commissioner> and certify a copy of the proceedings to the court.
113-7 Trial before the court shall be on the basis of the record made
113-8 before the commission <commissioner>, and the court shall make its
113-9 decision based on the record. The commission's <commissioner's>
113-10 decision shall be affirmed by the court if the court finds
113-11 substantial evidence in the record to justify the decision, unless
113-12 the court finds the denial of the license to be:
113-13 (1) arbitrary and capricious;
113-14 (2) in violation of the constitution or laws of the
113-15 United States or this state; or
113-16 (3) in violation of rules adopted by the commission
113-17 <board> under this Act.
113-18 SECTION 3.47. Section 22, Texas Driver and Traffic Safety
113-19 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
113-20 is amended to read as follows:
113-21 Sec. 22. SURRENDER OF LICENSE. On the revocation or
113-22 suspension of any license, the licensee shall within five days
113-23 after the date of revocation or suspension surrender the license or
113-24 licenses to the commission <agency>; failure of a licensee to do so
113-25 shall be a violation of this Act and upon conviction shall be
113-26 subject to the penalties hereinafter set forth. The commission
113-27 <agency> may restore a suspended license to the former licensee
114-1 upon full compliance with the provisions of this Act. No suspension
114-2 invoked hereunder shall be for a period less than 30 days nor
114-3 longer than one year.
114-4 SECTION 3.48. Section 23(a), Texas Driver and Traffic Safety
114-5 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
114-6 is amended to read as follows:
114-7 (a) If the commission <commissioner> believes that any
114-8 school has committed any act in violation of this Act, the
114-9 commission <commissioner> shall apply to a court of competent
114-10 jurisdiction for an injunction restraining the commission of the
114-11 act.
114-12 SECTION 3.49. Sections 24(a) and (b), Texas Driver and
114-13 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
114-14 Civil Statutes), are amended to read as follows:
114-15 (a) A person who violates this Act or a rule adopted under
114-16 this Act is liable for a civil penalty in an amount assessed by the
114-17 commission <commissioner> after an opportunity for a hearing in
114-18 addition to any injunctive relief or other remedy provided by law.
114-19 A civil penalty may not exceed $1,000 a day for each violation.
114-20 (b) The attorney general, at the request of the commission
114-21 <agency>, may bring a civil action to collect a civil penalty.
114-22 SECTION 3.50. Sections 25 and 26, Texas Driver and Traffic
114-23 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
114-24 Statutes), are amended to read as follows:
114-25 Sec. 25. SANCTIONS. (a) If the commission <agency>
114-26 believes that a school has violated this Act or a rule adopted
114-27 under this Act, the commission <agency> may, without notice:
115-1 (1) order a peer review of the school; or
115-2 (2) suspend the admission of students to the school.
115-3 (b) A peer review ordered under this section shall be
115-4 conducted by a peer review team composed of knowledgeable persons
115-5 selected by the commission <agency>. The team shall provide the
115-6 commission <agency> with an objective assessment of the content of
115-7 the school's curriculum and its application. The costs of
115-8 providing a peer review team shall be paid by the school.
115-9 Sec. 26. PROCEEDINGS THROUGH THE ATTORNEY GENERAL. If any
115-10 person violates any of the provisions of this Act, the commission
115-11 <commissioner> shall, in the name of the State of Texas through the
115-12 Attorney General of the State of Texas, apply in any district court
115-13 of competent jurisdiction for an order enjoining such violation or
115-14 for an order enforcing compliance with this Act. Upon the filing of
115-15 a verified petition to the court, if the court or any judge thereof
115-16 is satisfied by affidavit or otherwise that the person has violated
115-17 this Act, it may issue a temporary injunction without notice or
115-18 bond enjoining such continued violation, and if after a hearing it
115-19 is established that the person violated or is violating this Act
115-20 the court or any judge thereof may enter a decree perpetually
115-21 enjoining the violation of or enforcing compliance with this Act.
115-22 In case of violation of any order or decree issued under the
115-23 provisions of this section, the court or any judge thereof may try
115-24 and punish the offender for contempt of court. Proceedings under
115-25 this section shall be in addition to and not in lieu of all other
115-26 remedies and penalties provided by this Act.
115-27 SECTION 3.51. The following laws are repealed:
116-1 (1) Section 11(b)(4), Education Code, as amended by
116-2 Chapter 812, Acts of the 71st Legislature, Regular Session, 1989;
116-3 and
116-4 (2) Section 32.22, Education Code.
116-5 ARTICLE 4. TRANSITION; EMERGENCY
116-6 SECTION 4.01. Each program listed in Section 302.021, Labor
116-7 Code, as added by Section 1.03 of this Act, is transferred to the
116-8 jurisdiction of the Texas Employment Commission on the effective
116-9 date of this Act. A reference in a law or administrative rule to
116-10 the agency that administered a program listed in that section
116-11 before the effective date of this Act means the Texas Employment
116-12 Commission.
116-13 SECTION 4.02. (a) A transition oversight committee is
116-14 created to supervise the transition of the programs listed in
116-15 Section 302.021, Labor Code, as added by Section 1.03 of this Act,
116-16 to the jurisdiction of the Texas Employment Commission. The
116-17 committee is composed of:
116-18 (1) the executive director of the Texas Employment
116-19 Commission;
116-20 (2) the commissioner of education;
116-21 (3) the commissioner of human services;
116-22 (4) the executive director of the Texas Department on
116-23 Aging;
116-24 (5) the executive director of the Texas Department of
116-25 Commerce;
116-26 (6) a representative of the governor;
116-27 (7) a representative of the lieutenant governor; and
117-1 (8) a representative of the speaker of the house of
117-2 representatives.
117-3 (b) The representative of the governor shall serve as
117-4 presiding officer of the committee.
117-5 (c) Each state agency affected by the transfer of program
117-6 jurisdiction shall cooperate with the committee and the Texas
117-7 Employment Commission in formulating and implementing a transition
117-8 plan.
117-9 (d) The committee shall:
117-10 (1) appoint a full-time staff person with clerical
117-11 assistance as necessary to assist in implementing the duties of the
117-12 committee; and
117-13 (2) require each affected state agency to develop a
117-14 transition plan and interim operating budget as necessary to ensure
117-15 an orderly transition.
117-16 (e) The committee may:
117-17 (1) adopt interim rules and procedures as necessary to
117-18 implement this section, consistent with this Act and the laws of
117-19 this state; and
117-20 (2) transfer staff from the affected state agencies to
117-21 the committee to assist the committee in the implementation of its
117-22 duties.
117-23 (f) The committee shall hold its initial meeting not later
117-24 than the 30th day after the effective date of this Act.
117-25 (g) This section expires and the committee is abolished
117-26 January 1, 1996.
117-27 SECTION 4.03. (a) A person serving as the coordinator,
118-1 director, manager, or other analogous officer for a program that is
118-2 transferred to the jurisdiction of the Texas Employment Commission
118-3 under Section 302.021, Labor Code, as added by Section 1.03 of this
118-4 Act, on the day before the effective date of this Act may continue
118-5 to serve in that capacity until January 1, 1996, but shall report
118-6 to that commission as of the effective date of this Act.
118-7 (b) The Texas Employment Commission shall appoint a person
118-8 who meets the qualifications for service in a position affected by
118-9 Subsection (a) of this section not later than January 1, 1996. A
118-10 person serving under Subsection (a) of this section is eligible for
118-11 appointment under this subsection.
118-12 (c) A person serving as a member of the Texas Employment
118-13 Commission on the day before the effective date of this Act may
118-14 continue to serve in that capacity on the commission under Chapter
118-15 301, Labor Code, as added by this Act, until the end of the term to
118-16 which the member was originally appointed.
118-17 (d) A person serving as the agency administrator of the
118-18 Texas Employment Commission on the day before the effective date of
118-19 this Act is eligible for appointment as executive director of that
118-20 commission under Chapter 301, Labor Code, as added by this Act. To
118-21 serve as executive director, that person must comply with the bond
118-22 requirement adopted under Section 301.041(c), Labor Code, as added
118-23 by this Act, not later than January 1, 1996.
118-24 SECTION 4.04. (a) In addition to the new changes in law
118-25 made by this Act relating to job training and school dropout
118-26 prevention, this Act conforms Sections 305.021(a) and (b), Labor
118-27 Code, as added by this Act, to changes made by Section 1, Chapter
119-1 183, Acts of the 73rd Legislature, Regular Session, 1993.
119-2 (b) Section 1, Chapter 183, Acts of the 73rd Legislature,
119-3 Regular Session, 1993, is repealed.
119-4 SECTION 4.05. The importance of this legislation and the
119-5 crowded condition of the calendars in both houses create an
119-6 emergency and an imperative public necessity that the
119-7 constitutional rule requiring bills to be read on three several
119-8 days in each house be suspended, and this rule is hereby suspended,
119-9 and that this Act take effect and be in force from and after its
119-10 passage, and it is so enacted.