H.B. No. 1863
1-1 AN ACT
1-2 relating to eligibility for and the provision of services and
1-3 programs for needy people, including children; to assistance in
1-4 becoming or remaining self-dependent; and to the responsibility of
1-5 parents and others to assist needy people, including children, in
1-6 becoming or remaining self-dependent; providing penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1. GENERAL WELFARE PROVISIONS
1-9 SECTION 1.01. ASSISTANCE PRIORITY IS WORK. Section 31.001,
1-10 Human Resources Code, is amended to read as follows:
1-11 Sec. 31.001. AID TO FAMILIES WITH DEPENDENT CHILDREN. The
1-12 department shall provide financial assistance and services to
1-13 families with dependent children in accordance with the provisions
1-14 of this chapter. The department shall give first priority in
1-15 administering this chapter to assisting an adult recipient of or
1-16 unemployed applicant for the financial assistance and services in
1-17 finding and retaining a job.
1-18 SECTION 1.02. DEPENDENT CHILD'S INCOME. (a) Subchapter A,
1-19 Chapter 31, Human Resources Code, is amended by adding Section
1-20 31.0031 to read as follows:
1-21 Sec. 31.0031. DEPENDENT CHILD'S INCOME. The department may
1-22 not consider any income earned by a dependent child who is
1-23 attending school and whose income is derived from the child's
1-24 part-time employment for purposes of determining:
2-1 (1) the amount of financial assistance granted to an
2-2 individual under this chapter for the support of dependent
2-3 children; or
2-4 (2) whether the family meets household income and
2-5 resource requirements for eligibility for financial assistance
2-6 under this chapter.
2-7 (b) This section takes effect September 1, 1995, and applies
2-8 to income earned by the dependent child of an individual who
2-9 receives financial assistance under Chapter 31, Human Resources
2-10 Code, on or after the effective date of this section, regardless of
2-11 the date on which eligibility for that assistance was determined.
2-12 SECTION 1.03. NEEDS ASSESSMENT. Subchapter A, Chapter 31,
2-13 Human Resources Code, is amended by adding Section 31.0095 to read
2-14 as follows:
2-15 Sec. 31.0095. NEEDS ASSESSMENT. The department shall assist
2-16 a recipient in assessing the particular needs of that recipient and
2-17 the recipient's family upon notification of entry into the JOBS
2-18 program. The department and the recipient shall develop an
2-19 employability plan to help the recipient achieve independence from
2-20 public assistance granted to the recipient and the recipient's
2-21 family.
2-22 SECTION 1.04. SUPPORT SERVICES. Section 31.010, Human
2-23 Resources Code, is amended to read as follows:
2-24 Sec. 31.010. SUPPORT SERVICES. (a) Subject to the
2-25 availability of funds, the <The> department shall <may> provide a
2-26 recipient with support services designed to assist the recipient
2-27 and the recipient's family to <needy families and individuals>
3-1 attain and retain the capability of independence and self-care <if
3-2 federal matching funds are available for the support of the
3-3 services>.
3-4 (b) The department shall consider the needs assessment and
3-5 employability plan developed under Section 31.0095 in determining
3-6 the support services needed.
3-7 (c) Support services include:
3-8 (1) education, using public or private schools as
3-9 necessary;
3-10 (2) child care;
3-11 (3) transportation assistance;
3-12 (4) work skills and job readiness training;
3-13 (5) instruction in job search techniques; and
3-14 (6) job placement.
3-15 (d) The department by rule shall provide for implementation
3-16 of the support services.
3-17 (e) The department may contract with other state agencies,
3-18 community colleges, technical schools, residence training
3-19 facilities, or public or private entities to provide support
3-20 services under this section.
3-21 SECTION 1.05. PARENTING SKILLS TRAINING; SAFETY OF CHILDREN.
3-22 Section 31.0135, Human Resources Code, is amended to read as
3-23 follows:
3-24 Sec. 31.0135. PARENTING SKILLS TRAINING. (a) The
3-25 department, in cooperation with the Central Education Agency, the
3-26 Department of Protective and Regulatory Services, the Texas
3-27 Agricultural Extension Service, or any other public or private
4-1 entity, shall develop a parenting skills training program to assist
4-2 a recipient of assistance under this chapter, including a child who
4-3 receives assistance on behalf of a dependent child. The program
4-4 shall include nutrition education, budgeting and survival skills,
4-5 and instruction on the necessity of physical and emotional safety
4-6 for children.
4-7 (b) The department shall require that a caretaker relative
4-8 or parent <child who is in school and> who is receiving assistance
4-9 under this chapter on behalf of a dependent child receive parenting
4-10 skills training as needed.
4-11 (c) In this section, "caretaker relative" means a person who
4-12 is listed as a relative eligible to receive assistance under 42
4-13 U.S.C. Section 602(a).
4-14 SECTION 1.06. TEENAGE PREGNANCY. Section 31.0315, Human
4-15 Resources Code, is amended by adding Subsection (f) to read as
4-16 follows:
4-17 (f) If the parent of a dependent child is under 17 years of
4-18 age and the Title IV-D agency determines that the child's birth may
4-19 be the result of sexual conduct that constitutes a criminal offense
4-20 under the Penal Code, that agency shall refer the case to the
4-21 appropriate law enforcement agency for further investigation.
4-22 SECTION 1.07. RESOURCE LIMITS FOR AFDC RECIPIENTS. Section
4-23 31.032, Human Resources Code, is amended by adding Subsections (d)
4-24 and (e) to read as follows:
4-25 (d) In determining whether an applicant is eligible for
4-26 assistance, the department shall exclude from the applicant's
4-27 available resources:
5-1 (1) $2,000 for the applicant's household or $3,000 if
5-2 there is a person with a disability or a person who is at least 60
5-3 years of age in the applicant's household; and
5-4 (2) the fair market value of the applicant's ownership
5-5 interest in a motor vehicle, but not more than the amount
5-6 determined according to the following schedule:
5-7 (A) $4,550 on or after September 1, 1995, but
5-8 before October 1, 1995;
5-9 (B) $4,600 on or after October 1, 1995, but
5-10 before October 1, 1996;
5-11 (C) $5,000 on or after October 1, 1996, but
5-12 before October 1, 1997; and
5-13 (D) $5,000 plus or minus an amount to be
5-14 determined annually beginning on October 1, 1997, to reflect
5-15 changes in the new car component of the Consumer Price Index for
5-16 All Urban Consumers published by the Bureau of Labor Statistics.
5-17 (e) If federal regulations governing the maximum allowable
5-18 resources under the food stamp program, 7 CFR Part 273, are
5-19 revised, the department shall adjust the standards that determine
5-20 available resources under Subsection (d) to reflect those
5-21 revisions.
5-22 ARTICLE 2. RESPONSIBILITY AGREEMENT
5-23 SECTION 2.01. APPLICATION FOR ASSISTANCE. (a) Section
5-24 31.031, Human Resources Code, is amended by adding Subsection (c)
5-25 to read as follows:
5-26 (c) The department shall require the applicant to provide
5-27 proof to the department that each person who will receive
6-1 assistance under this chapter is:
6-2 (1) a United States citizen or has a satisfactory
6-3 immigration status as defined in Title IV, Social Security Act (42
6-4 U.S.C. Section 602(a)(33)), in effect as of the effective date of
6-5 this Act; and
6-6 (2) a resident of this state.
6-7 (b) Section 31.031, Human Resources Code, as amended by this
6-8 article, applies to a person who applies for financial assistance
6-9 under Chapter 31, Human Resources Code, on or after the effective
6-10 date of this article. A person who applied for financial
6-11 assistance before the effective date of this article is governed by
6-12 the law in effect when the person applied, and that law is
6-13 continued in effect for that purpose.
6-14 SECTION 2.02. RESPONSIBILITY AGREEMENT. (a) Subchapter A,
6-15 Chapter 31, Human Resources Code, is amended by adding Sections
6-16 31.0031, 31.0032, 31.0033, and 31.0034 to read as follows:
6-17 Sec. 31.0031. RESPONSIBILITY AGREEMENT. (a) The department
6-18 shall require each adult recipient to sign a bill of
6-19 responsibilities that defines the responsibilities of the state and
6-20 of the recipient and encourages personal responsibility. The
6-21 department shall explain to the applicant the work requirements and
6-22 time-limited benefits in addition to the other provisions of the
6-23 agreement before the applicant signs the agreement. The department
6-24 shall provide each applicant with a copy of the signed agreement.
6-25 The agreement shall include pertinent case information, including
6-26 the case number and a listing of the state's benefits.
6-27 (b) The responsibilities of the state shall include
7-1 administering programs, within available resources, that:
7-2 (1) promote clear and tangible goals for recipients;
7-3 (2) enable parents to provide for their children's
7-4 basic necessities in a time-limited benefits program;
7-5 (3) promote education, job training, and workforce
7-6 development;
7-7 (4) support the family structure through life and
7-8 parenting skills training;
7-9 (5) are efficient, fraud-free, and easily accessible
7-10 by recipients;
7-11 (6) gather accurate client information; and
7-12 (7) give communities the opportunity to develop
7-13 alternative programs that meet the unique needs of local
7-14 recipients.
7-15 (c) The department shall adopt rules governing sanctions and
7-16 penalties under this section to or for a person who fails to comply
7-17 with each applicable requirement of the responsibility agreement
7-18 prescribed by this section.
7-19 (d) The responsibility agreement shall require that:
7-20 (1) the parent of a dependent child cooperate with the
7-21 department and the Title IV-D agency if necessary to establish the
7-22 paternity of the dependent child and to establish or enforce child
7-23 support;
7-24 (2) if adequate and accessible providers of the
7-25 services are available in the geographic area and subject to the
7-26 availability of funds, each dependent child, as appropriate,
7-27 complete early and periodic screening, diagnosis, and treatment
8-1 checkups on schedule and receive the immunization series prescribed
8-2 by Section 161.004, Health and Safety Code, unless the child is
8-3 exempt under that section;
8-4 (3) each adult recipient, or teen parent recipient who
8-5 has completed the requirements regarding school attendance in
8-6 Subdivision (6), not voluntarily terminate paid employment of at
8-7 least 30 hours each week without good cause in accordance with
8-8 rules adopted by the department;
8-9 (4) each adult recipient for whom a needs assessment
8-10 is conducted participate in an activity to enable that person to
8-11 become self-sufficient by:
8-12 (A) continuing the person's education or
8-13 becoming literate;
8-14 (B) entering a job placement or employment
8-15 skills training program;
8-16 (C) serving as a volunteer in the person's
8-17 community; or
8-18 (D) serving in a community work program or other
8-19 work program approved by the department;
8-20 (5) each caretaker relative or parent receiving
8-21 assistance not use, sell, or possess marihuana or a controlled
8-22 substance in violation of Chapter 481, Health and Safety Code, or
8-23 abuse alcohol;
8-24 (6) each dependent child younger than 18 years of age
8-25 or teen parent younger than 19 years of age attend school
8-26 regularly, unless the child has a high school diploma or high
8-27 school equivalency certificate or is specifically exempted from
9-1 school attendance under Section 21.033, Education Code;
9-2 (7) each recipient comply with department rules
9-3 regarding proof of school attendance; and
9-4 (8) each recipient attend parenting skills training
9-5 classes, as determined by the needs assessment.
9-6 (e) In conjunction with the Central Education Agency, the
9-7 department by rule shall ensure compliance with the school
9-8 attendance requirements of Subsection (d)(6) by establishing
9-9 criteria for:
9-10 (1) determining whether a child is regularly attending
9-11 school;
9-12 (2) exempting a child from school attendance in
9-13 accordance with Subchapter B, Chapter 21, Education Code; and
9-14 (3) determining when an absence is excused.
9-15 (f) The department by rule may provide for exemptions from
9-16 Subsection (d)(4) or for a teen parent under Subsection (d)(6).
9-17 The department may not require participation in an activity under
9-18 Subsection (d)(4) or for a teen parent under Subsection (d)(6) if
9-19 funding for support services is unavailable.
9-20 (g) In this section, "caretaker relative" means a person who
9-21 is listed as a relative eligible to receive assistance under 42
9-22 U.S.C. Section 602(a).
9-23 Sec. 31.0032. PENALTIES AND SANCTIONS. (a) If after an
9-24 investigation the department determines that a person is not
9-25 complying with a requirement of the responsibility agreement
9-26 required under Section 31.0031, the department shall apply
9-27 appropriate sanctions or penalties regarding the assistance
10-1 provided to or for that person under this chapter.
10-2 (b) The department shall immediately notify the caretaker
10-3 relative, second parent, or payee receiving the financial
10-4 assistance whether sanctions will be applied under this section.
10-5 (c) This section does not prohibit the department from
10-6 providing medical assistance, child care, or any other social or
10-7 support services for an individual subject to sanctions or
10-8 penalties under this chapter.
10-9 Sec. 31.0033. GOOD CAUSE NONCOMPLIANCE HEARING. (a) If the
10-10 department determines that penalties and sanctions should be
10-11 applied under Section 31.0032, the person determined to have not
10-12 complied or, if different, the person receiving the financial
10-13 assistance may request a hearing to show good cause for
10-14 noncompliance not later than the 13th day after the date on which
10-15 notice is received under Section 31.0032.
10-16 (b) The department shall promptly conduct a hearing if a
10-17 timely request is made under Subsection (a).
10-18 (c) If the department finds that good cause for
10-19 noncompliance was not shown at a hearing, the department shall
10-20 apply appropriate sanctions or penalties to or for that person
10-21 until the department determines that the person is in compliance
10-22 with the terms of the responsibility agreement.
10-23 (d) The department by rule shall establish criteria for good
10-24 cause noncompliance and guidelines for what constitutes a good
10-25 faith effort on behalf of a recipient under this section.
10-26 Sec. 31.0034. ANNUAL REPORT. The department shall prepare
10-27 and submit an annual report to the legislature that contains
11-1 statistical information regarding persons who are applying for or
11-2 receiving financial assistance or services under this chapter,
11-3 including the number of persons receiving assistance, the type of
11-4 assistance those persons are receiving, and the length of time
11-5 those persons have been receiving the assistance. The report also
11-6 must contain information on:
11-7 (1) the number of persons to whom sanctions and time
11-8 limits apply;
11-9 (2) the number of persons under each time limit
11-10 category;
11-11 (3) the number of persons who are exempt from
11-12 participation under Section 31.012(c);
11-13 (4) the number of persons who were receiving financial
11-14 assistance under this chapter but are no longer eligible to receive
11-15 that assistance because they failed to comply with the requirements
11-16 prescribed by Section 31.0031;
11-17 (5) the number of persons who are no longer eligible
11-18 to receive financial assistance or transitional benefits under this
11-19 chapter because:
11-20 (A) the person's household income has increased
11-21 due to employment; or
11-22 (B) the person has exhausted the person's
11-23 benefits under this chapter; and
11-24 (6) the number of persons receiving child care, job
11-25 training, or other support services designed to assist the
11-26 transition to self-sufficiency.
11-27 (b) Except as provided by Subsection (c) of this section,
12-1 Section 31.0032, Human Resources Code, as added by this article,
12-2 applies to a person receiving financial assistance on or after the
12-3 effective date of this article, regardless of the date on which
12-4 eligibility for that assistance is determined.
12-5 (c) Not later than September 1, 1996, the Texas Department
12-6 of Human Services shall require each recipient who applied for
12-7 financial assistance before the effective date of this article to
12-8 sign the responsibility agreement prescribed by Section 31.0031,
12-9 Human Resources Code, as added by this article. The department may
12-10 not enforce the terms of the agreement against a recipient who has
12-11 not had an opportunity to sign the agreement.
12-12 SECTION 2.03. Conforming Amendment: Mandatory School
12-13 Attendance. Subchapter A, Chapter 11, Education Code, is amended
12-14 by adding Section 11.2094 to read as follows:
12-15 Sec. 11.2094. Attendance Records: AFDC Recipients. The
12-16 Central Education Agency shall cooperate with the Texas Department
12-17 of Human Services in providing applicants for and recipients of
12-18 financial assistance under Chapter 31, Human Resources Code, with
12-19 the appropriate records to demonstrate satisfactory attendance and
12-20 progress of dependent children and teen parents according to rules
12-21 adopted by the department.
12-22 SECTION 2.04. CONFORMING AMENDMENT: IMMUNIZATIONS FOR
12-23 CHILDREN. Section 31.031, Human Resources Code, is amended by
12-24 adding Subsections (d), (e), (f), and (g) to read as follows:
12-25 (d) The department shall require the applicant to provide
12-26 proof to the department that each child five years of age or
12-27 younger, or a child who is not enrolled in public school, for whom
13-1 the applicant will receive assistance:
13-2 (1) has been immunized in accordance with Section
13-3 161.004, Health and Safety Code;
13-4 (2) is currently receiving an immunization series in
13-5 accordance with Section 161.004, Health and Safety Code, if the
13-6 child is of sufficient age; or
13-7 (3) is exempted under Section 161.004(d), Health and
13-8 Safety Code.
13-9 (e) An applicant who cannot provide the proof required by
13-10 Subsection (d) at the time of application shall provide the proof
13-11 not later than the 180th day after the date the department
13-12 determines the applicant is eligible for financial assistance.
13-13 (f) The department shall provide the applicant with
13-14 information regarding immunization services available in the
13-15 applicant's residential area. If the applicant does not read or
13-16 comprehend English, the department shall provide the information in
13-17 a language that the applicant reads or comprehends.
13-18 (g) The department by rule shall provide sanctions for a
13-19 financial assistance recipient's failure to comply with Subsection
13-20 (d) or (e).
13-21 ARTICLE 3. TIME-LIMITED AND TRANSITIONAL BENEFITS
13-22 SECTION 3.01. TIME-LIMITED BENEFITS. (a) Subchapter A,
13-23 Chapter 31, Human Resources Code, is amended by adding Section
13-24 31.0065 to read as follows:
13-25 Sec. 31.0065. TIME-LIMITED BENEFITS. (a) The department
13-26 may provide financial assistance under this chapter only in
13-27 accordance with the time limits specified by this section. The
14-1 department by rule may provide for exceptions to these time limits
14-2 if severe personal hardship or community economic factors prevent
14-3 the recipient from obtaining employment or if the state is unable
14-4 to provide support services.
14-5 (b) The department shall limit financial assistance and
14-6 transitional benefits in accordance with the following schedule:
14-7 (1) financial assistance is limited to a cumulative
14-8 total of 12 months and transitional benefits are limited to 12
14-9 months if the person receiving financial assistance on behalf of a
14-10 dependent child has:
14-11 (A) a high school diploma, a high school
14-12 equivalency certificate, or a certificate or degree from a two-year
14-13 or four-year institution of higher education or technical or
14-14 vocational school; or
14-15 (B) recent work experience of 18 months or more;
14-16 (2) financial assistance is limited to a cumulative
14-17 total of 24 months and transitional benefits are limited to 12
14-18 months if the person receiving financial assistance on behalf of a
14-19 dependent child has:
14-20 (A) completed three years of high school; or
14-21 (B) recent work experience of not less than six
14-22 or more than 18 months; and
14-23 (3) financial assistance is limited to a cumulative
14-24 total of 36 months and transitional benefits of 12 months if the
14-25 person receiving financial assistance on behalf of a dependent
14-26 child has:
14-27 (A) completed less than three years of high
15-1 school; and
15-2 (B) less than six months of work experience.
15-3 (c) If the recipient has completed less than three years of
15-4 high school and has less than six months work experience, the
15-5 department shall perform an in-depth assessment of the needs of
15-6 that person and that person's family. If the recipient cooperates
15-7 with the department's assessment, the time period prescribed by
15-8 Subsection (b)(3) begins on the first anniversary of the date on
15-9 which the department completes the assessment, as determined by the
15-10 department.
15-11 (d) The computation of time limits under Subsection (b)
15-12 begins when the adult or teen parent recipient receives
15-13 notification under Section 31.012(b) of the availability of an
15-14 opening in and eligibility for the job opportunity and basic skills
15-15 (JOBS) program Part F, Subchapter IV, Social Security Act (42
15-16 U.S.C. Section 682).
15-17 (e) In implementing the time-limited benefits program, the
15-18 department:
15-19 (1) shall provide that a participant in the program
15-20 may reapply with the department for financial assistance on or
15-21 after the fifth anniversary of the date on which the participant is
15-22 totally disqualified from receiving assistance because of the
15-23 application of Subsection (b); and
15-24 (2) shall establish the criteria for determining what
15-25 constitutes severe personal hardship under Subsection (a).
15-26 (f) If the department is imposing time-limited benefits on
15-27 an individual, the department shall consider:
16-1 (1) the assessment of the individual's need that was
16-2 conducted by the department, provided that if the needs assessment
16-3 indicates discrepancies between a client's self-reported
16-4 educational level and the client's functional abilities, the time
16-5 limits shall be based upon the functional educational level; and
16-6 (2) the prevailing economic and employment conditions
16-7 in the area of the state where the individual resides.
16-8 (b) The Texas Department of Human Services shall gradually
16-9 implement Section 31.0065, Human Resources Code, as added by this
16-10 article, by selecting at least one county in which to begin
16-11 implementation of the program that has:
16-12 (1) a population of 250,000 or more; and
16-13 (2) low unemployment and an effective JOBS program
16-14 placement rate.
16-15 (c) Section 31.0065 applies to a person receiving financial
16-16 assistance on or after the date the section is implemented in the
16-17 area in which the person resides, regardless of the date on which
16-18 eligibility for that assistance is determined. However, the Texas
16-19 Department of Human Services may not consider financial assistance
16-20 provided before the implementation date in determining if a person
16-21 has exhausted assistance.
16-22 (d) The department shall submit to the governor and 75th,
16-23 76th, and 77th legislatures a report concerning the effectiveness
16-24 of the program. Each report must include an analysis of the
16-25 characteristics and demographics of recipients and any
16-26 recommendation for expansion of the program including a timetable
16-27 for expansion. The department shall notify members of the 75th,
17-1 76th, and 77th legislatures and the standing committees of the
17-2 senate and house of representatives having primary jurisdiction
17-3 over the department of the filing of the report.
17-4 SECTION 3.02. TRANSITIONAL CHILD-CARE SERVICES. Subchapter
17-5 A, Chapter 31, Human Resources Code, is amended by adding Section
17-6 31.0035 to read as follows:
17-7 Sec. 31.0035. TRANSITIONAL CHILD-CARE SERVICES. (a) The
17-8 department shall provide necessary transitional child-care
17-9 services, in accordance with department rules and federal law, to a
17-10 person who was receiving financial assistance under this chapter
17-11 but is no longer eligible to receive the assistance because:
17-12 (1) the person's household income has increased; or
17-13 (2) the person has exhausted the person's benefits
17-14 under Section 31.0065.
17-15 (b) Except as provided by Section 31.012(c), the department
17-16 may provide the child-care services only until the earlier of:
17-17 (1) the end of the applicable period prescribed by
17-18 Section 31.0065 for the provision of transitional benefits; or
17-19 (2) the first anniversary of the date on which the
17-20 person becomes ineligible for financial assistance because of
17-21 increased household income.
17-22 (c) The department by rule shall adopt a system of
17-23 co-payments in order to have a person who receives child-care
17-24 services under this section contribute an amount toward the cost of
17-25 the services according to the person's ability to pay.
17-26 (d) The department by rule shall provide for sanctions for a
17-27 person who is financially able to contribute the amount required by
18-1 Subsection (c) but fails to pay.
18-2 SECTION 3.03. TRANSITIONAL MEDICAL ASSISTANCE. Subchapter
18-3 B, Chapter 32, Human Resources Code, is amended by adding Section
18-4 32.0255 to read as follows:
18-5 Sec. 32.0255. TRANSITIONAL MEDICAL ASSISTANCE. (a) The
18-6 state shall provide transitional medical assistance, in accordance
18-7 with state rules and federal law, to a person who was receiving
18-8 financial assistance under Chapter 31 but is no longer eligible to
18-9 receive the assistance because:
18-10 (1) the person's household income has increased; or
18-11 (2) the person has exhausted the person's benefits
18-12 under Section 31.0065.
18-13 (b) Except as provided by Section 31.012(c), the state may
18-14 provide the medical assistance only until the earlier of:
18-15 (1) the end of the applicable period prescribed by
18-16 Section 31.0065 for the provision of transitional benefits; or
18-17 (2) the first anniversary of the date on which the
18-18 person becomes ineligible for financial assistance because of
18-19 increased household income.
18-20 ARTICLE 4. WORK PROGRAMS
18-21 SECTION 4.01. EMPLOYMENT OR VOLUNTEER WORK PROGRAM. (a)
18-22 Section 31.012, Human Resources Code, is amended to read as
18-23 follows:
18-24 Sec. 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
18-25 ACTIVITIES THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM.
18-26 (a) The department shall require that, during any one-month period
18-27 in which an adult is receiving financial assistance under this
19-1 chapter, the adult shall during that period:
19-2 (1) work not less than 30 hours a week; or
19-3 (2) participate for not less than 20 hours a week in
19-4 an activity established under the job opportunities and basic
19-5 skills (JOBS) training program under Part F, Subchapter IV, Social
19-6 Security Act (42 U.S.C. Section 682) <In the event the federal job
19-7 opportunities and basic skills program for recipients of Aid to
19-8 Families with Dependent Children is discontinued or is inadequate
19-9 to meet the recipients' needs, the state shall operate a program to
19-10 provide employment, education, and training opportunities, subject
19-11 to available funds>.
19-12 (b) The department by rule shall establish criteria for good
19-13 cause noncompliance and for notification procedures regarding
19-14 participation in work or employment activities under this section.
19-15 (c) A person who is the caretaker of a physically or
19-16 mentally disabled child who requires the caretaker's presence is
19-17 not required to participate in a program under this section.
19-18 Effective September 1, 1995, a person is not required to
19-19 participate in a program under this section until the person's
19-20 youngest child at the time the person first became eligible for
19-21 assistance reaches the age of five. Effective September 1, 1997, a
19-22 person is exempt until the person's youngest child at the time the
19-23 person first became eligible for assistance reaches the age of
19-24 four. Notwithstanding Sections 31.0035(b) and 32.0255(b), the
19-25 department shall provide to a person who is exempt under this
19-26 subsection and who volunteers to participate in a program under
19-27 Subsection (a)(2) six months of transitional benefits in addition
20-1 to the applicable limit prescribed by Section 31.0065.
20-2 (b) This section applies to a person receiving assistance on
20-3 or after September 1, 1995, regardless of the date on which
20-4 eligibility for that assistance is determined.
20-5 (c) The Texas Department of Human Services shall adopt the
20-6 rules required by Section 31.012(b), Human Resources Code, as
20-7 amended by this article, not later than December 1, 1995.
20-8 (d) On the transfer of the program under Section 31.012,
20-9 Human Resources Code, to the Texas Workforce Commission, the Texas
20-10 Workforce Commission shall perform all duties assigned to the Texas
20-11 Department of Human Services under Section 31.012, Human Resources
20-12 Code, as amended by this section.
20-13 SECTION 4.02. VOLUNTEER WORK EXPERIENCE. (a) Section
20-14 31.0125, Human Resources Code, is amended to read as follows:
20-15 Sec. 31.0125. VOLUNTEER <COMMUNITY> WORK EXPERIENCE PROGRAM.
20-16 (a) Subject to the availability of appropriations for client
20-17 support services, the department by rule shall develop and
20-18 implement a volunteer <community> work experience program in
20-19 accordance with federal law as a part of the job opportunities and
20-20 basic skills (JOBS) training program under Part F, Subchapter IV,
20-21 Social Security Act (42 U.S.C. Section 682).
20-22 (b) In adopting rules under this section, the department
20-23 shall:
20-24 (1) establish the criteria for determining which
20-25 recipients of financial assistance under this chapter who are
20-26 eligible to participate in the JOBS training program will be
20-27 required to participate in the volunteer <community> work
21-1 experience program;
21-2 (2) ensure that participation in the volunteer
21-3 <community> work experience program will not result in the
21-4 displacement of an employee from an existing position or the
21-5 elimination of a vacant position;
21-6 (3) ensure that the volunteer <community> work
21-7 experience program will not impair an existing service contract or
21-8 collective bargaining agreement;
21-9 (4) ensure that an entity or agency that enters into
21-10 an agreement with the department under this section provides to a
21-11 participant, without paying the participant a salary, job training
21-12 and work experience in certain areas within the entity or agency;
21-13 (5) require that each entity or agency that enters
21-14 into a cooperative agreement with the department under this section
21-15 identify positions within the entity or agency that will enable a
21-16 participant to gain the skills and experience necessary to be able
21-17 to compete in the labor market for comparable positions; and
21-18 (6) amend the service delivery system of the JOBS
21-19 training program to require a participant in the JOBS training
21-20 program who is unemployed after completing the JOBS readiness
21-21 activities outlined in the participant's employability plan,
21-22 including job search, to participate in the volunteer <community>
21-23 work experience program.
21-24 (c) To implement the volunteer <community> work experience
21-25 program, the department shall enter into written nonfinancial
21-26 cooperative agreements with entities that receive funds under a
21-27 federal Head Start program, <and with> state agencies, including
22-1 institutions of higher education, <or> other entities of state or
22-2 local government, or private sector or nonprofit organizations or
22-3 foundations. <To be eligible to enter into a contract under this
22-4 section, the entity or agency must employ at least 250 persons.
22-5 The department and the entity or agency may waive this requirement
22-6 by mutual agreement.>
22-7 (d) The department and an entity or agency that enters into
22-8 an agreement under this section must establish participation
22-9 requirements for the entity or agency under the volunteer
22-10 <community> work experience program. The requirements must be
22-11 contained in the agreement.
22-12 (b) This section applies to a person receiving assistance on
22-13 or after September 1, 1995, regardless of the date on which
22-14 eligibility for that assistance is determined.
22-15 (c) On the transfer of the program under Section 31.0125,
22-16 Human Resources Code, to the Texas Workforce Commission, the Texas
22-17 Workforce Commission shall perform all duties assigned to the Texas
22-18 Department of Human Services under Section 31.0125, Human Resources
22-19 Code, as amended by this section.
22-20 SECTION 4.03. EMPLOYMENT PROGRAMS. Subchapter A, Chapter
22-21 31, Human Resources Code, is amended by adding Section 31.0126 to
22-22 read as follows:
22-23 Sec. 31.0126. EMPLOYMENT PROGRAMS. (a) In cooperation with
22-24 the state agency charged with primary responsibility for job
22-25 training, employment, and workforce development in this state, the
22-26 department by rule shall develop the following programs to assist
22-27 recipients of financial assistance and services under this chapter
23-1 in finding and retaining employment:
23-2 (1) a work first program that provides a participant
23-3 job readiness training and employment information and services that
23-4 will motivate the participant to find and apply for a job through
23-5 job clubs, job readiness activities, and job search activities;
23-6 (2) a business internship program that provides a
23-7 participant the opportunity to obtain marketable job skills through
23-8 an internship in a participating business;
23-9 (3) a Texas works program that:
23-10 (A) is operated by a nonprofit group or local
23-11 governmental entity;
23-12 (B) provides to a participant motivational and
23-13 job readiness training by placing the participant in a job for a
23-14 period of several months;
23-15 (C) ensures that the participant is visited at
23-16 work and receives counseling and help in resolving any work-related
23-17 or personal problems; and
23-18 (D) receives funding on the basis of
23-19 participants who are successfully hired for employment;
23-20 (4) a community work experience program that provides
23-21 a participant job training and work experience through a temporary
23-22 job in the public sector;
23-23 (5) a subsidized employment program that provides to a
23-24 participant job training and work experience through a job in the
23-25 private sector that pays the participant a subsidized salary; and
23-26 (6) a self-employment assistance program that provides
23-27 to a participant entrepreneurial training, business counseling, and
24-1 technical and financial assistance so that the participant can
24-2 establish a business and become self-employed.
24-3 (b) The department shall develop the programs prescribed by
24-4 this section in accordance with federal law as a part of the job
24-5 opportunities and basic skills (JOBS) training program under Part
24-6 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
24-7 (c) In adopting rules governing a program prescribed by this
24-8 section, the department shall:
24-9 (1) establish the criteria for determining which
24-10 recipients who are eligible to participate in the JOBS training
24-11 program may be required to participate in a particular program;
24-12 (2) ensure that a recipient who is incapable of
24-13 participating in a particular program is not required to
24-14 participate in that program; and
24-15 (3) provide technical assistance to local workforce
24-16 development boards.
24-17 (d) A local workforce development board may implement in a
24-18 workforce development area one or more programs prescribed by this
24-19 section.
24-20 (e) The department shall submit a waiver application or a
24-21 renewal waiver application that a federal agency may require before
24-22 a local workforce development board can implement one or more of
24-23 the programs prescribed by this section in a workforce development
24-24 area.
24-25 (f) In this section, a "local workforce development board"
24-26 means a local workforce development board created under Section
24-27 4.01, Workforce and Economic Competitiveness Act (Article 5190.7a,
25-1 Vernon's Texas Civil Statutes).
25-2 SECTION 4.04. DEMONSTRATION PROJECTS; FUND. Article 4,
25-3 Workforce and Economic Competitiveness Act (Article 5190.7a,
25-4 Vernon's Texas Civil Statutes), is amended by adding Sections
25-5 4.055-4.057 to read as follows:
25-6 Sec. 4.055. DEMONSTRATION PROJECTS. (a) In this section
25-7 and Section 4.056:
25-8 (1) "Board" means a local workforce development board.
25-9 (2) "Workforce development agency" means the state
25-10 agency charged with primary responsibility for the implementation
25-11 and consolidation of labor, employment, and job training programs
25-12 in this state.
25-13 (b) In addition to the functions performed under Section
25-14 4.04 of this Act and the local plan required under Section 4.05 of
25-15 this Act, each board may establish and operate localized programs
25-16 to expand education, training, and employment in the workforce
25-17 development area administered by the board. The board may design
25-18 creative programs that fit the unique characteristics and needs of
25-19 its workforce development area.
25-20 (c) A board that designs a program under this section shall
25-21 submit a written proposal for approval of the program to the
25-22 workforce development agency. The workforce development agency
25-23 shall approve any program that clearly demonstrates the ability to:
25-24 (1) draw on and unite the resources of the local
25-25 community; and
25-26 (2) determine and meet the needs of the local service
25-27 populations, businesses, and industries.
26-1 (d) A board shall implement and administer a program
26-2 approved by the workforce development agency under this section as
26-3 a local demonstration project. The board shall report to the
26-4 workforce development agency on a quarterly basis regarding the
26-5 administration of the project and the effectiveness of the project
26-6 in serving the workforce development needs of the community.
26-7 (e) A board shall submit any proposed changes in the program
26-8 to the workforce development agency in writing. The workforce
26-9 development agency must approve the proposed changes before the
26-10 changes may be adopted and implemented by the board.
26-11 Sec. 4.056. CERTAIN PROGRAMS FOR AFDC RECIPIENTS. (a) In
26-12 addition to the programs established under Section 4.055 of this
26-13 Act, each local workforce development board shall adopt programs to
26-14 enhance the ability of recipients of financial assistance and
26-15 services under Chapter 31, Human Resources Code, who are eligible
26-16 to participate in the JOBS training program to obtain and retain
26-17 gainful employment. On request of a board, the workforce
26-18 development agency shall provide technical assistance to the board
26-19 in adopting programs under this section.
26-20 (b) In adopting programs under this section, the board shall
26-21 consider the programs established under Section 31.0126, Human
26-22 Resources Code. Within the parameters established by that section,
26-23 the board may adapt a program to serve more effectively the needs
26-24 of the recipients described by Subsection (a) who are residing in
26-25 the workforce development area.
26-26 (c) The workforce development agency must approve a program
26-27 adopted by the board under this section, including a program
27-1 established under Section 31.0126, Human Resources Code, before the
27-2 board can implement the program in the workforce development area.
27-3 (d) In this section, "JOBS training program" means the job
27-4 opportunities and basic skills (JOBS) training program under Part
27-5 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
27-6 Sec. 4.057. REVOLVING FUND ACCOUNT. (a) A special
27-7 revolving fund account is established in the state treasury to be
27-8 known as the local workforce development board demonstration
27-9 project account. The account may be used only for:
27-10 (1) loans for the initial implementation costs of a
27-11 demonstration project approved under Section 4.055 of this Act; and
27-12 (2) small loans for new education, training, and
27-13 employment programs created by a local workforce development board
27-14 under a demonstration project.
27-15 (b) The account consists of:
27-16 (1) money the legislature appropriates to the account;
27-17 (2) donations made to the account;
27-18 (3) repayment of small loans made under the provisions
27-19 of a demonstration project;
27-20 (4) revenue received from state and federal education,
27-21 training, and job programs; and
27-22 (5) depository interest and investment income earned
27-23 on amounts in the account.
27-24 (c) Money drawn from the revolving fund account for the
27-25 operation of education, training, and job programs shall be paid
27-26 back to the account as permanent revenues from state and federal
27-27 education, training, and job programs become available.
28-1 (d) Sections 403.094 and 403.095, Government Code, do not
28-2 apply to the account.
28-3 SECTION 4.05. TEEN-JOBS PILOT PROGRAM. (a) Using funds
28-4 available from the job opportunities and basic skills training
28-5 program (JOBS) under Part F, Subchapter IV, Social Security Act (42
28-6 U.S.C. Section 682), the Central Education Agency, in conjunction
28-7 with the Texas Department of Human Services and the comptroller,
28-8 shall allow not fewer than four school districts or areas within
28-9 school districts to establish pilot programs designed to encourage
28-10 teenage parents to stay in school and advance toward independence.
28-11 (b) Services in the program may include the parenting
28-12 program services provided under Section 21.114, Education Code,
28-13 child care, transportation, tutorial services, guidance and
28-14 counseling services, career counseling, mentor programs, on-the-job
28-15 training based on the unique needs of participants and the local
28-16 labor market, and any other allowable relevant services.
28-17 (c) The agency shall report to the governor regarding the
28-18 effectiveness of this program. The agency shall notify members of
28-19 the legislature and the standing committees of the senate and house
28-20 of representatives having primary jurisdiction over the agency of
28-21 the filing of the report.
28-22 (d) This section expires January 1, 1999.
28-23 SECTION 4.06. WORK HISTORY AND 100-HOUR RULE WAIVER. Not
28-24 later than December 1, 1995, the Texas Department of Human Services
28-25 shall reapply for a federal waiver to eliminate the work history
28-26 and 100-hour rules for two-parent families and to enable the
28-27 department to fully implement Section 31.014, Human Resources Code.
29-1 ARTICLE 5. CHILD SUPPORT ENFORCEMENT
29-2 SECTION 5.01. CONFORMING AMENDMENT. Chapter 76, Human
29-3 Resources Code, is amended by designating Sections 76.001-76.011 as
29-4 Subchapter A, Chapter 76, Human Resources Code, and adding a
29-5 subchapter heading to read as follows:
29-6 SUBCHAPTER A. TITLE IV-D CHILD SUPPORT SERVICES
29-7 SECTION 5.02. INTERVENTION ASSISTANCE FOR UNEMPLOYED
29-8 NONCUSTODIAL PARENTS. Subchapter A, Chapter 76, Human Resources
29-9 Code, as designated by this Act, is amended by adding Section
29-10 76.012 to read as follows:
29-11 Sec. 76.012. UNEMPLOYED NONCUSTODIAL PARENTS. (a) The
29-12 Title IV-D agency shall refer to appropriate state and local
29-13 entities that assist unemployed noncustodial parents in gaining
29-14 employment any unemployed noncustodial parent who is in arrears in
29-15 court-ordered child support payments to a child who:
29-16 (1) receives financial assistance under Chapter 31; or
29-17 (2) is otherwise eligible to receive financial
29-18 assistance under Chapter 31 and for whom the Department of
29-19 Protective and Regulatory Services is providing substitute care.
29-20 (b) A referral under Subsection (a) may include:
29-21 (1) skills training and job placement through the:
29-22 (A) Texas Employment Commission;
29-23 (B) Texas Job Training Partnership Act, Chapter
29-24 301, Labor Code; or
29-25 (C) agency responsible for the food stamp
29-26 employment and training program (7 U.S.C. Section 2015(d));
29-27 (2) referrals to education and literacy classes; and
30-1 (3) counseling regarding:
30-2 (A) substance abuse;
30-3 (B) parenting skills;
30-4 (C) life skills; and
30-5 (D) mediation techniques.
30-6 (c) The Title IV-D agency may require an unemployed
30-7 noncustodial parent to complete the training, classes, or
30-8 counseling the parent is referred to under this section. The
30-9 agency shall suspend under Subchapter B the license of a parent who
30-10 fails to comply with the requirements of this subsection.
30-11 SECTION 5.03. LICENSE SUSPENSION. Subtitle D, Title 5,
30-12 Family Code, as added by House Bill 655, Acts of the 74th
30-13 Legislature, Regular Session, 1995, is amended by adding Chapter
30-14 232 to read as follows:
30-15 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE
30-16 TO PAY CHILD SUPPORT
30-17 Sec. 232.001. DEFINITIONS. In this chapter:
30-18 (1) "License" means a license, certificate,
30-19 registration, permit, or other authorization that:
30-20 (A) is issued by a licensing authority;
30-21 (B) is subject before expiration to suspension,
30-22 revocation, forfeiture, or termination by the issuing licensing
30-23 authority; and
30-24 (C) is necessary for a person to:
30-25 (i) practice or engage in a particular
30-26 business, occupation, or profession;
30-27 (ii) operate a motor vehicle; or
31-1 (iii) engage in any other regulated
31-2 activity, including hunting, fishing, or other recreational
31-3 activity for which a license or permit is required.
31-4 (2) "Licensing authority" means a department,
31-5 commission, board, office, or other agency of the state or of a
31-6 political subdivision of the state that issues a license.
31-7 (3) "Order suspending license" means an order issued
31-8 by the Title IV-D agency or a court directing a licensing authority
31-9 to suspend a license.
31-10 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
31-11 The following state agencies are licensing authorities subject to
31-12 this subchapter:
31-13 (1) Department of Agriculture;
31-14 (2) Texas Commission on Alcohol and Drug Abuse;
31-15 (3) Texas Alcoholic Beverage Commission;
31-16 (4) Texas Appraiser Licensing and Certification Board;
31-17 (5) Texas Board of Architectural Examiners;
31-18 (6) State Board of Barber Examiners;
31-19 (7) Texas Board of Chiropractic Examiners;
31-20 (8) Comptroller of Public Accounts;
31-21 (9) Texas Cosmetology Commission;
31-22 (10) Court Reporters Certification Board;
31-23 (11) State Board of Dental Examiners, if the 74th
31-24 Legislature, at its regular session, enacts legislation that
31-25 becomes law authorizing a state agency to regulate the practice of
31-26 dentistry;
31-27 (12) Texas State Board of Examiners of Dietitians;
32-1 (13) Texas Funeral Service Commission;
32-2 (14) Texas Department of Health;
32-3 (15) Texas Board of Professional Land Surveying;
32-4 (16) Texas Department of Licensing and Regulation;
32-5 (17) Texas State Board of Examiners of Marriage and
32-6 Family Therapists;
32-7 (18) Texas State Board of Medical Examiners;
32-8 (19) Midwifery Board;
32-9 (20) Texas Natural Resource Conservation Commission;
32-10 (21) Board of Nurse Examiners;
32-11 (22) Texas Board of Nursing Facility Administrators;
32-12 (23) Texas Board of Occupational Therapy Examiners;
32-13 (24) Texas Optometry Board;
32-14 (25) Parks and Wildlife Department;
32-15 (26) Texas State Board of Examiners of Perfusionists;
32-16 (27) Texas State Board of Pharmacy;
32-17 (28) Texas Board of Physical Therapy Examiners;
32-18 (29) Texas State Board of Plumbing Examiners;
32-19 (30) Texas State Board of Podiatry Examiners;
32-20 (31) Polygraph Examiners Board;
32-21 (32) Texas Board of Private Investigators and Private
32-22 Security Agencies;
32-23 (33) Texas State Board of Examiners of Professional
32-24 Counselors;
32-25 (34) State Board of Registration for Professional
32-26 Engineers;
32-27 (35) Department of Protective and Regulatory Services;
33-1 (36) Texas State Board of Examiners of Psychologists;
33-2 (37) Texas State Board of Public Accountancy;
33-3 (38) Department of Public Safety of the State of
33-4 Texas;
33-5 (39) Public Utility Commission of Texas;
33-6 (40) Railroad Commission of Texas;
33-7 (41) Texas Real Estate Commission;
33-8 (42) State Bar of Texas;
33-9 (43) Texas State Board of Social Worker Examiners;
33-10 (44) State Board of Examiners for Speech-Language
33-11 Pathology and Audiology;
33-12 (45) Texas Structural Pest Control Board;
33-13 (46) Board of Tax Professional Examiners;
33-14 (47) Secretary of State;
33-15 (48) Supreme Court of Texas;
33-16 (49) Texas Transportation Commission;
33-17 (50) State Board of Veterinary Medical Examiners;
33-18 (51) Board of Vocational Nurse Examiners;
33-19 (52) Texas Ethics Commission;
33-20 (53) Advisory Board of Athletic Trainers;
33-21 (54) State Committee of Examiners in the Fitting and
33-22 Dispensing of Hearing Instruments;
33-23 (55) Texas Board of Licensure for Professional Medical
33-24 Physicists; and
33-25 (56) Texas Department of Insurance.
33-26 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
33-27 IV-D agency shall issue an order suspending license as provided by
34-1 this chapter if an obligor:
34-2 (1) has an arrearage equal to or greater than the
34-3 total support due for 90 days under a support order;
34-4 (2) has been provided an opportunity to make payments
34-5 toward the child support arrearage under an agreed or court-ordered
34-6 repayment schedule; and
34-7 (3) has failed to comply with the repayment schedule.
34-8 Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A
34-9 child support agency or obligee may file a petition to suspend a
34-10 license.
34-11 (b) In a Title IV-D case, the petition shall be filed with
34-12 the Title IV-D agency.
34-13 (c) In a case other than a Title IV-D case, the petition
34-14 shall be filed in the court of continuing jurisdiction or the court
34-15 in which a child support order has been registered under Chapter
34-16 159.
34-17 (d) A proceeding in a case filed with the Title IV-D agency
34-18 under this chapter is governed by the contested case provisions in
34-19 Chapter 2001, Government Code, except that Section 2001.054 does
34-20 not apply to the proceeding. The director of the Title IV-D
34-21 agency is responsible for rendering a final decision in the
34-22 contested case proceeding.
34-23 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
34-24 this chapter must state that license suspension is required under
34-25 Section 232.003 and allege:
34-26 (1) the name and, if known, social security number of
34-27 the obligor;
35-1 (2) the type of license the obligor is believed to
35-2 hold and the name of the licensing authority; and
35-3 (3) the amount owed under the child support order, the
35-4 amount of support paid, and the amount of arrearages.
35-5 (b) A petition under this chapter may include as an
35-6 attachment a copy of the record of child support payments
35-7 maintained by the Title IV-D registry or local registry.
35-8 Sec. 232.006. NOTICE. (a) On the filing of a petition
35-9 under Section 232.004, the court or Title IV-D agency shall issue
35-10 to the obligor:
35-11 (1) notice of the obligor's right to a hearing before
35-12 the court or agency;
35-13 (2) notice of the deadline for requesting a hearing;
35-14 and
35-15 (3) a hearing request form if the proceeding is in a
35-16 Title IV-D case.
35-17 (b) Notice under this section may be served as in civil
35-18 cases generally.
35-19 (c) The notice must state that an order suspending license
35-20 shall be rendered on the 60th day after the date of service of the
35-21 notice unless by that date:
35-22 (1) the court or Title IV-D agency receives proof that
35-23 all arrearages and the current month's child support obligation
35-24 have been paid;
35-25 (2) the child support agency or obligee files a
35-26 certification that the obligor is in compliance with a reasonable
35-27 repayment schedule; or
36-1 (3) the obligor appears at a hearing before the court
36-2 or Title IV-D agency and shows that the request for suspension
36-3 should be denied or stayed.
36-4 Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE.
36-5 (a) A request for a hearing and motion to stay suspension must be
36-6 filed with the court or Title IV-D agency by the obligor not later
36-7 than the 20th day after the date of service of the notice under
36-8 Section 232.006.
36-9 (b) If a request for a hearing is filed, the court or Title
36-10 IV-D agency shall:
36-11 (1) promptly schedule a hearing;
36-12 (2) notify each party of the date, time, and location
36-13 of the hearing; and
36-14 (3) stay suspension pending the hearing.
36-15 (c) A record of child support payments made by the Title
36-16 IV-D agency or a local registry is evidence of whether the payments
36-17 were made. A copy of the record appearing regular on its face
36-18 shall be admitted as evidence at a hearing under this chapter,
36-19 including a hearing on a motion to revoke a stay. Either party may
36-20 offer controverting evidence.
36-21 Sec. 232.008. ORDER SUSPENDING LICENSE. (a) On making the
36-22 findings required by Section 232.003, the court or Title IV-D
36-23 agency shall render an order suspending the license unless the
36-24 obligor proves that all arrearages and the current month's support
36-25 have been paid.
36-26 (b) The court or Title IV-D agency may stay an order
36-27 suspending a license conditioned on the obligor's compliance with a
37-1 reasonable repayment schedule that is incorporated in the order.
37-2 An order suspending license with a stay of suspension may not be
37-3 served on the licensing authority unless the stay is revoked as
37-4 provided in this chapter.
37-5 (c) A final order suspending license rendered by a court or
37-6 the Title IV-D agency shall be forwarded to the appropriate
37-7 licensing authority.
37-8 (d) If the court or Title IV-D agency renders an order
37-9 suspending license, the obligor may also be ordered not to engage
37-10 in the licensed activity.
37-11 (e) If the court or Title IV-D agency finds that the
37-12 petition for suspension should be denied, the petition shall be
37-13 dismissed without prejudice, and an order suspending license may
37-14 not be rendered.
37-15 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
37-16 shall consider the allegations of the petition for suspension to be
37-17 admitted and shall render an order suspending license if the
37-18 obligor fails to:
37-19 (1) respond to a notice issued under Section 232.006;
37-20 (2) request a hearing; or
37-21 (3) appear at a hearing.
37-22 Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An
37-23 order issued by a Title IV-D agency under this chapter is a final
37-24 agency decision and is subject to review under the substantial
37-25 evidence rule as provided by Chapter 2001, Government Code.
37-26 Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On
37-27 receipt of a final order suspending license, the licensing
38-1 authority shall immediately determine if the authority has issued a
38-2 license to the obligor named on the order and, if a license has
38-3 been issued:
38-4 (1) record the suspension of the license in the
38-5 licensing authority's records;
38-6 (2) report the suspension as appropriate; and
38-7 (3) demand surrender of the suspended license if
38-8 required by law for other cases in which a license is suspended.
38-9 (b) A licensing authority shall implement the terms of a
38-10 final order suspending license without additional review or
38-11 hearing. The authority may provide notice as appropriate to the
38-12 license holder or to others concerned with the license.
38-13 (c) A licensing authority may not modify, remand, reverse,
38-14 vacate, or stay an order suspending license issued under this
38-15 chapter and may not review, vacate, or reconsider the terms of a
38-16 final order suspending license.
38-17 (d) An obligor who is the subject of a final order
38-18 suspending license is not entitled to a refund for any fee or
38-19 deposit paid to the licensing authority.
38-20 (e) An obligor who continues to engage in the business,
38-21 occupation, profession, or other licensed activity after the
38-22 implementation of the order suspending license by the licensing
38-23 authority is liable for the same civil and criminal penalties
38-24 provided for engaging in the licensed activity without a license or
38-25 while a license is suspended as any other license holder of that
38-26 licensing authority.
38-27 (f) A licensing authority is exempt from liability to a
39-1 license holder for any act authorized under this chapter performed
39-2 by the authority.
39-3 (g) Except as provided by this chapter, an order suspending
39-4 license or dismissing a petition for the suspension of a license
39-5 does not affect the power of a licensing authority to grant, deny,
39-6 suspend, revoke, terminate, or renew a license.
39-7 (h) The denial or suspension of a driver's license under
39-8 this chapter is governed by this chapter and not by the general
39-9 licensing provisions of Chapter 173, Acts of the 47th Legislature,
39-10 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
39-11 Statutes).
39-12 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
39-13 support enforcement agency, court, or Title IV-D agency may file a
39-14 motion to revoke the stay of an order suspending license if the
39-15 obligor does not comply with the terms of a reasonable repayment
39-16 plan entered into by the obligor.
39-17 (b) Notice to the obligor of a motion to revoke stay under
39-18 this section may be given by personal service or by mail to the
39-19 address provided by the obligor, if any, in the order suspending
39-20 license. The notice must include a notice of hearing. The notice
39-21 must be provided to the obligor not less than 10 days before the
39-22 date of the hearing.
39-23 (c) A motion to revoke stay must allege the manner in which
39-24 the obligor failed to comply with the repayment plan.
39-25 (d) If the court or Title IV-D agency finds that the obligor
39-26 is not in compliance with the terms of the repayment plan, the
39-27 court or agency shall revoke the stay of the order suspending
40-1 license and render a final order suspending license.
40-2 Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE.
40-3 (a) The court or Title IV-D agency may render an order vacating or
40-4 staying an order suspending license if the obligor has paid all
40-5 delinquent child support or has established a satisfactory payment
40-6 record.
40-7 (b) The court or Title IV-D agency shall promptly deliver an
40-8 order vacating or staying an order suspending license to the
40-9 appropriate licensing authority.
40-10 (c) On receipt of an order vacating or staying an order
40-11 suspending license, the licensing authority shall promptly issue
40-12 the affected license to the obligor if the obligor is otherwise
40-13 qualified for the license.
40-14 (d) An order rendered under this section does not affect the
40-15 right of the child support agency or obligee to any other remedy
40-16 provided by law, including the right to seek relief under this
40-17 chapter. An order rendered under this section does not affect the
40-18 power of a licensing authority to grant, deny, suspend, revoke,
40-19 terminate, or renew a license as otherwise provided by law.
40-20 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
40-21 authority may charge a fee to an obligor who is the subject of an
40-22 order suspending license in an amount sufficient to recover the
40-23 administrative costs incurred by the authority under this chapter.
40-24 Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND
40-25 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
40-26 each licensing authority the name, address, social security number,
40-27 license renewal date, and other identifying information for each
41-1 individual who holds, applies for, or renews a license issued by
41-2 the authority.
41-3 (b) A licensing authority shall provide the requested
41-4 information in the manner agreed to by the Title IV-D agency and
41-5 the licensing authority.
41-6 (c) The Title IV-D agency may enter into a cooperative
41-7 agreement with a licensing authority to administer this subchapter
41-8 in a cost-effective manner.
41-9 (d) The Title IV-D agency may adopt a reasonable
41-10 implementation schedule for the requirements of this section.
41-11 (e) The Title IV-D agency, the comptroller and the Texas
41-12 Alcoholic Beverage Commission shall by rule specify additional
41-13 prerequisites for the suspension of licenses relating to state
41-14 taxes collected under Title 2 of the Tax Code. Such joint rules
41-15 shall be promulgated not later than March 1, 1996.
41-16 Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D
41-17 agency by rule shall prescribe forms and procedures for the
41-18 implementation of this chapter.
41-19 SECTION 5.04. STATEMENT REGARDING PAYMENT OF CHILD SUPPORT.
41-20 Subchapter A, Chapter 1, Family Code, is amended by adding Section
41-21 1.045 to read as follows:
41-22 Sec. 1.045. STATEMENT REGARDING PAYMENT OF CHILD SUPPORT.
41-23 (a) An applicant for a marriage license shall submit to the county
41-24 clerk a statement witnessed by two credible persons and verified
41-25 before a person authorized to take oaths stating that as of the
41-26 date the application for a marriage license is filed the applicant
41-27 does not owe delinquent court-ordered child support.
42-1 (b) A child support payment is considered delinquent for
42-2 purposes of Subsection (a) if the child support obligee under a
42-3 child support order that applies to the applicant is entitled to
42-4 seek enforcement of an arrearage under Subchapter B, Chapter 14.
42-5 (c) A person commits an offense if, with intent to deceive
42-6 and with knowledge of the statement's meaning, the person submits a
42-7 false statement under this section.
42-8 (d) An offense under this section is a state jail felony.
42-9 SECTION 5.05. ISSUANCE OF MARRIAGE LICENSE. Section
42-10 1.07(a), Family Code, is amended to read as follows:
42-11 (a) Except as provided by Subsection (b) of this section,
42-12 the county clerk may not issue a license to the applicants if:
42-13 (1) either applicant fails to provide information as
42-14 required by Sections 1.02, 1.045, and 1.05 of the code;
42-15 (2) either applicant fails to submit proof of age and
42-16 identity;
42-17 (3) either applicant is under 14 years of age and has
42-18 not received a court order under Section 1.53 of this code;
42-19 (4) either applicant is 14 years of age or older but
42-20 under 18 years of age and has received neither parental consent nor
42-21 a court order under Section 1.53 of this code;
42-22 (5) either applicant checks "false" in response to a
42-23 statement in the application, except as provided in Subsection (b)
42-24 of this section, or fails to make a required declaration in an
42-25 affidavit required of an absent applicant; or
42-26 (6) either applicant indicates that he or she has been
42-27 divorced by a decree of a court of this state within the last 30
43-1 days, unless:
43-2 (A) the applicants were divorced from each
43-3 other; or
43-4 (B) the prohibition against remarriage was
43-5 waived under Section 3.66 of this code.
43-6 ARTICLE 6. FINANCIAL ASSISTANCE RECIPIENTS
43-7 AND OTHERS WHO ARE
43-8 ELIGIBLE FOR FEDERAL PROGRAMS
43-9 SECTION 6.01. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
43-10 (a) Article 4413(502), Revised Statutes, is amended by adding
43-11 Section 22 to read as follows:
43-12 Sec. 22. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS. (a)
43-13 The commission shall assist recipients of financial assistance
43-14 under Chapter 31, Human Resources Code, who are eligible for
43-15 assistance under federal programs to apply for benefits under those
43-16 federal programs. The commission may delegate this responsibility
43-17 to one of the health and human services agencies listed under
43-18 Section 19, contract with a unit of local government, or use any
43-19 other cost-effective method to assist financial assistance
43-20 recipients who are eligible for federal programs.
43-21 (b) The commission shall organize a planning group involving
43-22 the Texas Department of Human Services, the Central Education
43-23 Agency, and the Texas Rehabilitation Commission to:
43-24 (1) improve workload coordination between those
43-25 agencies as necessary to administer this section; and
43-26 (2) provide information and help train employees to
43-27 correctly screen applicants under this section as requested by the
44-1 commission.
44-2 (b) Not later than January 15, 1997, the planning group
44-3 required by Section 22, Article 4413(502), Revised Statutes, as
44-4 added by this section, shall submit to the governor a report on the
44-5 progress the state has made in transferring recipients of state
44-6 financial assistance to federal programs. The commission shall
44-7 notify members of the legislature and the standing committees of
44-8 the senate and house of representatives having primary jurisdiction
44-9 over the commission of the filing of the report.
44-10 SECTION 6.02. EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH
44-11 DISABILITIES. (a) Chapter 121, Human Resources Code, is amended
44-12 by adding Sections 121.0014 and 121.0015 to read as follows:
44-13 Sec. 121.0014. VISION STATEMENT. (a) The Health and Human
44-14 Services Commission, each health and human services agency, and
44-15 each state agency that administers a workforce development program
44-16 shall adopt the following statement of vision:
44-17 The State of Texas shall ensure that all Texans with
44-18 disabilities have the opportunity and support necessary
44-19 to work in individualized, competitive employment in
44-20 the community and to have choices about their work and
44-21 careers.
44-22 (b) In this section, "health and human services agency"
44-23 means an agency listed by Section 19, Article 4413(502), Revised
44-24 Statutes.
44-25 Sec. 121.0015. INTERAGENCY WORK GROUP. (a) An interagency
44-26 work group is created to implement the action plan adopted at the
44-27 1994 Supported Employment Summit.
45-1 (b) The work group is composed of a representative of the:
45-2 (1) Central Education Agency, appointed by the
45-3 commissioner of education;
45-4 (2) Texas Commission for the Blind, appointed by the
45-5 commissioner of that agency;
45-6 (3) Texas Department of Mental Health and Mental
45-7 Retardation, appointed by the commissioner of mental health and
45-8 mental retardation;
45-9 (4) Texas Rehabilitation Commission, appointed by the
45-10 commissioner of that agency; and
45-11 (5) Texas Commission for the Deaf and Hearing
45-12 Impaired, appointed by the executive director of that agency.
45-13 (c) A member of the work group serves at the will of the
45-14 appointing agency.
45-15 (d) The work group shall elect a presiding officer and any
45-16 other necessary officers.
45-17 (e) The work group shall meet at the call of the presiding
45-18 officer.
45-19 (f) The appointing agency is responsible for the expenses of
45-20 a member's service on the work group. A member of the work group
45-21 receives no additional compensation for serving on the work group.
45-22 (g) The comptroller shall monitor the work group and the
45-23 implementation of the action plan.
45-24 (b) Not later than November 15, 1996, the comptroller shall
45-25 submit to the governor and the legislature a report describing the
45-26 progress made toward implementing the action plan adopted at the
45-27 1994 Supported Employment Summit. The comptroller shall notify
46-1 members of the 74th Legislature and the standing committees of the
46-2 senate and house of representatives having primary jurisdiction
46-3 over the comptroller of the filing of the report.
46-4 SECTION 6.03. WORK INCENTIVES. Subchapter B, Chapter 111,
46-5 Human Resources Code, is amended by adding Section 111.0205 to read
46-6 as follows:
46-7 Sec. 111.0205. WORK INCENTIVES AND SUPPLEMENTAL SECURITY
46-8 INCOME (SSI). The commission shall employ a person at the
46-9 commission's central office to:
46-10 (1) train counselors to understand and use work
46-11 incentives; and
46-12 (2) review cases to ensure that commission clients are
46-13 informed of the availability of and assisted in obtaining work
46-14 incentives and Supplemental Security Income (SSI) (42 U.S.C.
46-15 Section 1381 et seq.).
46-16 SECTION 6.04. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
46-17 MENTAL ILLNESS AND MENTAL RETARDATION. Section 533.008, Health and
46-18 Safety Code, is amended by amending the heading and Subsection (a)
46-19 and adding Subsection (e) to read as follows:
46-20 Sec. 533.008. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
46-21 MENTAL ILLNESS AND MENTAL RETARDATION <PATIENTS AND CLIENTS>. (a)
46-22 Each department facility and community center shall annually assess
46-23 the feasibility of converting entry level support positions into
46-24 employment opportunities for individuals <patients> with mental
46-25 illness and <clients with> mental retardation in the facility's or
46-26 center's service area.
46-27 (e) Each department facility and community center shall
47-1 ensure that designated staff are trained to:
47-2 (1) assist clients through the Social Security
47-3 Administration disability determination process;
47-4 (2) provide clients and their families information
47-5 related to the Social Security Administration Work Incentive
47-6 Provisions; and
47-7 (3) assist clients in accessing and utilizing the
47-8 Social Security Administration Work Incentive Provisions to finance
47-9 training, services, and supports needed to obtain career goals.
47-10 SECTION 6.05. DONATED PURCHASE AGREEMENTS. Chapter 22,
47-11 Human Resources Code, is amended by adding Section 22.030 to read
47-12 as follows:
47-13 Sec. 22.030. AGREEMENTS FOR PURCHASE OF SERVICES FOR
47-14 CHILDREN. (a) To ensure the maximum use of available federal
47-15 matching funds for child care services and other support services
47-16 under Section 31.010, the Department of Human Services shall enter
47-17 into agreements with the appropriate local community organizations
47-18 to receive donations to be used for the purchase of services for
47-19 which matching federal funds are available.
47-20 (b) The Department of Human Services shall cooperate with
47-21 each local community organization to develop guidelines for the use
47-22 of that community's donation to provide the services described in
47-23 Subsection (a) of this section.
47-24 SECTION 6.06. COMPETITIVE EMPLOYMENT. (a) Section
47-25 21.510(e), Education Code, is amended to read as follows:
47-26 (e) Each school district shall develop and annually review
47-27 an individual transition plan (ITP) for each student enrolled in a
48-1 special education program who is at least 16 years of age. The ITP
48-2 shall include a goal of competitive employment. The ITP shall be
48-3 developed in a separate document from the individualized education
48-4 program (IEP) and shall not be considered a part of the IEP. The
48-5 school district shall coordinate development of the ITP with any
48-6 participating agency as provided in the memorandum of understanding
48-7 in order to provide continuity and coordination of services among
48-8 the various agencies and between the ITP and IEP. The district
48-9 shall request the participation in the development of the ITP of
48-10 any participating agency recommended by school personnel or
48-11 requested by the student or the student's parent. The district
48-12 shall invite the student and the student's parents or guardians to
48-13 participate in the development of the ITP. Only those components
48-14 of the ITP which are the responsibility of the district shall be
48-15 incorporated into the student's IEP. Only the failure to implement
48-16 those components of a student's ITP which are included in the IEP
48-17 and are the responsibility of the school district shall be subject
48-18 to the due process procedures of the Education of the Handicapped
48-19 Act, Public Law 94-142 (20 U.S.C. Section 1400 et seq.) or to
48-20 Central Education Agency complaint procedures. The failure of the
48-21 district to develop and annually review an ITP for a student shall
48-22 be subject only to the Central Education Agency complaint
48-23 procedures and not to the due process procedures of the Education
48-24 of the Handicapped Act, Public Law 94-142 (20 U.S.C. Section 1400
48-25 et seq.). A monitoring visit under Section 21.509 of this code
48-26 shall include a review of the transition planning requirements
48-27 under this section. A school district is not liable for the
49-1 failure of another agency to implement those components of the ITP
49-2 that are designated as the responsibility of that agency under the
49-3 memorandum of understanding.
49-4 (b) Section 21.510(e), Education Code, as amended by this
49-5 section, applies to an individual transition plan developed for
49-6 each school year beginning with the 1995-1996 school year.
49-7 (c) The Central Education Agency shall study the possible
49-8 effects of amending Section 21.510, Education Code, to require the
49-9 development of an individual transition plan for each child who is
49-10 at least 14 years of age. Not later than November 15, 1996, the
49-11 agency shall submit to the governor and the legislature a report on
49-12 the effects of changing the age requirement.
49-13 SECTION 6.07. FEDERAL FUNDING: MENTAL HEALTH SERVICES.
49-14 Subchapter B, Chapter 533, Health and Safety Code, is amended by
49-15 adding Section 533.046 to read as follows:
49-16 Sec. 533.046. FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR
49-17 CHILDREN AND FAMILIES. (a) The department shall enter into an
49-18 interagency agreement with the Texas Department of Human Services
49-19 to:
49-20 (1) amend the eligibility requirements of the state's
49-21 emergency assistance plan under Title IV-A, Social Security Act (42
49-22 U.S.C. Section 601 et seq.), to include mental health emergencies;
49-23 and
49-24 (2) prescribe the procedures the agencies will use to
49-25 delegate to the department and to local mental health and mental
49-26 retardation authorities the administration of mental health
49-27 emergency assistance.
50-1 (b) The interagency agreement must provide that:
50-2 (1) the department certify to the Texas Department of
50-3 Human Services the nonfederal expenditures for which the state will
50-4 claim federal matching funds; and
50-5 (2) the Texas Department of Human Services retain
50-6 responsibility for making final eligibility decisions.
50-7 (c) The department shall allocate to local mental health and
50-8 mental retardation authorities 66 percent of the federal funds
50-9 received under this section.
50-10 SECTION 6.08. FEDERAL FUNDING: CHEMICAL DEPENDENCY
50-11 SERVICES. (a) Article 4413(502), Revised Statutes, is amended by
50-12 adding Section 10A to read as follows:
50-13 Sec. 10A. FEDERAL FUNDING FOR CHEMICAL DEPENDENCY SERVICES.
50-14 The commission shall coordinate with the Texas Commission on
50-15 Alcohol and Drug Abuse and the Texas Department of Human Services
50-16 to amend the eligibility requirements of the state's emergency
50-17 assistance plan under Title IV-A, Social Security Act (42 U.S.C.
50-18 Section 601 et seq.), to include either a child or a significant
50-19 adult in a child's family who needs chemical dependency treatment.
50-20 (b) The Texas Department on Alcohol and Drug Abuse shall
50-21 continue to study the feasibility of amending the state's Medicaid
50-22 plan to include chemical dependency treatment as an allowable
50-23 service.
50-24 SECTION 6.09. FEDERAL FUNDS; SUBSTITUTE CARE. (a) Article
50-25 4413(503), Revised Statutes, is amended by adding Section 12A to
50-26 read as follows:
50-27 Sec. 12A. FEDERAL FUNDING FOR CERTAIN CHILDREN. (a) For
51-1 purposes of Medicaid eligibility only, the department shall
51-2 classify as a "child in substitute care" each child who is in the
51-3 conservatorship of the state and placed in the home of a relative.
51-4 A child classified as a "child in substitute care" under this
51-5 subsection is not automatically eligible to receive foster care
51-6 payments because of that classification.
51-7 (b) The department shall ensure that each time study used to
51-8 allocate costs identifies all costs incurred on behalf of a child
51-9 if the child's case plan clearly indicates that substitute care is
51-10 the planned arrangement for that child.
51-11 (c) The department shall claim federal financial
51-12 participation under Title IV-E, Social Security Act (42 U.S.C.
51-13 Section 670 et seq.), for all nonrecurring adoption expenses at the
51-14 highest rate authorized by federal law. The department shall
51-15 include all charges from state attorneys and state courts and any
51-16 applicable overhead. The department may claim the expenses as
51-17 either administrative or training expenses, depending on which
51-18 classification results in a higher federal match.
51-19 (b) The Department of Protective and Regulatory Services
51-20 shall file an adjustment to its previous quarterly claims under
51-21 Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.), to
51-22 claim retroactive federal financial participation for the
51-23 incremental difference for each quarter in which nonrecurring
51-24 adoption expenses have been identified as a legitimate expense.
51-25 (c) The department shall request a waiver from the federal
51-26 two-year limitation on the period in which the state can file
51-27 certain claims in accordance with Section 1132(b), Social Security
52-1 Act (42 U.S.C. Section 1320b-2(b)). If the waiver is denied, the
52-2 department shall exhaust all administrative remedies and, if
52-3 necessary, seek judicial review to obtain a court order reducing
52-4 the claim to judgment and mandating retroactive payment.
52-5 SECTION 6.10. FEDERAL TAX CREDIT. Subchapter B, Chapter
52-6 403, Government Code, is amended by adding Section 403.024 to read
52-7 as follows:
52-8 Sec. 403.024. FEDERAL EARNED INCOME TAX CREDIT. (a) The
52-9 comptroller's office is the lead state agency in promoting
52-10 awareness of the federal earned income tax credit program for
52-11 working families.
52-12 (b) The comptroller shall recruit other state agencies and
52-13 the governor's office to participate in a coordinated campaign to
52-14 increase awareness of the federal tax program.
52-15 (c) State agencies that otherwise distribute information to
52-16 the public may use existing resources to distribute information to
52-17 persons likely to qualify for federal earned income tax credits and
52-18 shall cooperate with the comptroller in information distribution
52-19 efforts.
52-20 SECTION 6.11. FEDERAL FUNDING; PROGRAMS TO BENEFIT VICTIMS
52-21 OF FAMILY VIOLENCE. Chapter 51, Human Resources Code, is amended
52-22 by adding Section 51.0051 to read as follows:
52-23 Sec. 51.0051. MAXIMIZING FEDERAL FUNDING FOR PROGRAMS TO
52-24 BENEFIT VICTIMS OF FAMILY VIOLENCE. To maximize the state's
52-25 receipt of federal matching funds for emergency assistance under
52-26 Part A, Title IV, Social Security Act (42 U.S.C. Section 601 et
52-27 seq.), the department shall:
53-1 (1) ensure that a contract made under Section 51.003
53-2 includes provisions necessary to maximize federal funding for
53-3 services for victims of family violence;
53-4 (2) file amendments to the state's plan for aid and
53-5 services to needy families with children under Part A, Title IV,
53-6 Social Security Act (42 U.S.C. Section 601 et seq.), that are
53-7 necessary to maximize federal funding; and
53-8 (3) establish by rule any reporting procedures that
53-9 federal law requires as a condition of receiving federal matching
53-10 funds.
53-11 ARTICLE 7. EDUCATION; PILOT PROGRAMS
53-12 SECTION 7.01. ADULT LEARNING LABS FOR AFDC CLIENTS.
53-13 Subchapter A, Chapter 11, Education Code, is amended by adding
53-14 Section 11.2093 to read as follows:
53-15 Sec. 11.2093. EDUCATE TEXAS PROGRAM. (a) The Educate Texas
53-16 Program is created to provide adult education services to clients
53-17 of Aid to Families with Dependent Children who are referred to the
53-18 program under Section 31.0124, Human Resources Code.
53-19 (b) The Central Education Agency, the Texas Higher Education
53-20 Coordinating Board, and the state agency charged with primary
53-21 responsibility for job training, employment, and workforce
53-22 development shall jointly develop a system of adult education
53-23 learning laboratories in public schools, community colleges, and
53-24 other publicly owned facilities under this program to provide the
53-25 following emergency services, as needed, to a person eligible to
53-26 receive Aid to Families with Dependent Children:
53-27 (1) development of literacy in English and proficiency
54-1 in oral and written language skills;
54-2 (2) preparation for a high school equivalency
54-3 examination;
54-4 (3) training in parenting skills;
54-5 (4) training in principles of family dynamics and
54-6 family responsibility;
54-7 (5) family counseling and case management;
54-8 (6) employment readiness training in such areas as
54-9 work ethics and interview skills; and
54-10 (7) on-site child-care services as necessary to allow
54-11 a person to participate in the training and education services
54-12 under this subsection.
54-13 SECTION 7.02. ELIGIBILITY FOR ADULT LEARNING LABS.
54-14 Subchapter A, Chapter 31, Human Resources Code, is amended by
54-15 adding Section 31.0124 to read as follows:
54-16 Sec. 31.0124. REFERRAL TO EDUCATIONAL PROGRAMS. The
54-17 department shall determine whether a person who registers to
54-18 participate in the job opportunities and basic skills training
54-19 program needs and is eligible for adult education services provided
54-20 under Section 11.2093, Education Code. If the person is eligible
54-21 for the adult education services, the department shall determine
54-22 the person's needs and goals and refer the person to the
54-23 appropriate adult education service provided under Section 11.2093,
54-24 Education Code.
54-25 SECTION 7.03. ADULT LITERACY AND LEARNING PROGRAMS. Chapter
54-26 88, Education Code, is amended by adding Subchapter G to read as
54-27 follows:
55-1 SUBCHAPTER G. TEXAS CENTER FOR
55-2 ADULT LITERACY AND LEARNING
55-3 Sec. 88.541. DUTIES OF TEXAS CENTER FOR ADULT LITERACY AND
55-4 LEARNING. (a) The Texas Center for Adult Literacy and Learning
55-5 shall evaluate instructional videotapes or similar recorded
55-6 materials generally available for use in providing adult literacy
55-7 instruction and from time to time shall publish a guide describing
55-8 and evaluating those videotapes and materials. The center shall
55-9 encourage cable companies and other appropriate entities to use the
55-10 guide in selecting materials to use in broadcasting and may take
55-11 other action to promote the broadcast or dissemination of workbooks
55-12 and other materials the center considers effective in teaching
55-13 adult literacy.
55-14 (b) The center shall develop voluntary standards for the
55-15 curriculum and workbooks and other materials used in adult literacy
55-16 programs, including programs for teaching English as a second
55-17 language. To develop the standards, the center shall organize an
55-18 advisory group and shall encourage the participation of major
55-19 providers of adult literacy programs in this state, including
55-20 private nonprofit organizations, institutions of education, and
55-21 correctional facilities. The Texas Department of Criminal Justice
55-22 shall designate an employee of the department to participate in the
55-23 initial development of the standards.
55-24 (c) In connection with the standards developed under
55-25 Subsection (b), the center shall develop workbooks and other
55-26 materials to be used by teachers and students in adult literacy
55-27 programs to track the progress of the student and to allow the
56-1 student to understand and maintain a record of the student's
56-2 progress and proficiency.
56-3 (d) The center shall develop and update as necessary
56-4 informational brochures, promotional posters, workbooks, or similar
56-5 materials suitable for distribution to state employees or the
56-6 general public describing the need for adult literacy and education
56-7 services in this state and encouraging qualified persons to support
56-8 or volunteer to assist programs that provide those services. As
56-9 the center determines is appropriate, the center may provide
56-10 samples of those workbooks and other materials to the governing
56-11 boards or chief executive officers of state agencies, including
56-12 institutions of higher education, and to other employers and
56-13 institutions in this state and shall encourage those entities to
56-14 distribute or make available the workbooks and other materials to
56-15 their employees.
56-16 SECTION 7.04. LITERACY: ENGLISH AS A SECOND LANGUAGE.
56-17 Subchapter B, Chapter 13, Education Code, is amended by adding
56-18 Section 13.044 to read as follows:
56-19 Sec. 13.044. ADULT LITERACY AND ENGLISH AS A SECOND LANGUAGE
56-20 CURRICULUM. (a) Each general academic teaching institution, as
56-21 defined by Section 61.003, that conducts an approved teacher
56-22 education program shall include in the curriculum of at least one
56-23 course in the program a unit that introduces the students to the
56-24 fundamentals of teaching adult literacy and English as a second
56-25 language courses.
56-26 (b) If the institution operates a center for professional
56-27 development and technology in connection with its teacher education
57-1 program, the institution through the center may provide interested
57-2 students in the education program with opportunities for
57-3 internships or other field-based training and experience in
57-4 teaching adult literacy or English as a second language.
57-5 SECTION 7.05. INTERAGENCY WORK GROUP ON EARLY CHILD CARE AND
57-6 EDUCATION PROGRAMS. (a) Not later than September 1, 1995, the
57-7 administrative heads of the Central Education Agency, Texas Higher
57-8 Education Coordinating Board, Texas Department of Health, Texas
57-9 Department of Human Services, Department of Protective and
57-10 Regulatory Services, Interagency Council on Early Childhood
57-11 Intervention Services, and Texas Head Start Collaboration Project
57-12 shall each designate a representative to an interagency work group
57-13 on early child care and education programs.
57-14 (b) The representative of the Texas Head Start Collaboration
57-15 Project shall serve as the chair.
57-16 (c) The interagency work group shall study:
57-17 (1) the quality of training programs for early
57-18 childhood education workers;
57-19 (2) the need for, design of, and potential funding
57-20 sources for a statewide professional training and certification
57-21 program for those workers; and
57-22 (3) potential sources of local, state, federal, and
57-23 private funding and technical assistance to support collaboration
57-24 and cooperation of local early child care and education programs.
57-25 (d) The interagency work group shall complete the study and
57-26 report its findings to the legislature not later than December 1,
57-27 1997.
58-1 (e) This section expires March 1, 1998.
58-2 SECTION 7.06. PILOT PROGRAM TO ASSIST AFDC CLIENTS IN
58-3 ACHIEVING SELF-SUFFICIENCY. (a) The Texas Department of Human
58-4 Services shall establish a pilot program to extend the period of
58-5 supported employment for families who receive financial assistance
58-6 under Chapter 31, Human Resources Code, to help those families
58-7 become self-sufficient. In establishing this program the
58-8 department may:
58-9 (1) use a form of fill-the-gap budgeting; or
58-10 (2) extend transitional benefits to 24 months.
58-11 (b) If the department chooses to extend transitional
58-12 benefits to 24 months, the department shall determine whether
58-13 purchasing medical coverage for participants through the state's
58-14 Texas Employees Uniform Group Insurance Program is more
58-15 cost-effective than Medicaid coverage.
58-16 (c) The department shall report to the governor regarding
58-17 the program's success in assisting families in becoming more
58-18 self-sufficient. The department shall notify members of the 75th
58-19 and 76th legislatures and the standing committees of the senate and
58-20 house of representatives having primary jurisdiction over the
58-21 department of the filing of the report.
58-22 (d) In this section, "fill-the-gap budgeting" means a system
58-23 of budgeting in which benefits are gradually lowered using a
58-24 percentage of the difference between the standard of need and the
58-25 countable income to calculate the grant benefit.
58-26 (e) This section expires September 1, 1999.
58-27 SECTION 7.07. PILOT PROGRAM: EMERGENCY ASSISTANCE FOR
59-1 NON-AFDC FAMILIES IN A CRISIS. (a) The Texas Department of Human
59-2 Services shall seek federal funding that would allow the department
59-3 to establish an emergency assistance pilot program to support
59-4 families who are not receiving financial assistance under Chapter
59-5 31, Human Resources Code, who are in a crisis, and who would
59-6 otherwise be eligible for financial assistance.
59-7 (b) The department shall establish the pilot program in a
59-8 high-employment area of the state or an area that uses the
59-9 electronic benefits transfer system.
59-10 (c) The department by rule shall develop guidelines to
59-11 administer the program, including:
59-12 (1) eligibility guidelines;
59-13 (2) guidelines specifying whether the assistance is a
59-14 one-time cash payment to a family; and
59-15 (3) guidelines specifying whether an applicant who
59-16 receives the emergency assistance must agree to forgo applying for
59-17 financial assistance under Chapter 31, Human Resources Code, for
59-18 one year, or another appropriate limitation determined by the
59-19 department.
59-20 (d) The department shall report to the governor regarding
59-21 the program's success in helping families in a crisis avoid
59-22 becoming AFDC clients. The department shall notify members of the
59-23 75th and 76th legislatures and the standing committees of the
59-24 senate and house of representatives having primary jurisdiction
59-25 over the department of the filing of the report.
59-26 (e) This section expires September 1, 1999.
59-27 SECTION 7.08. PILOT PROGRAM: SAVINGS ACCOUNTS FOR AFDC
60-1 RECIPIENTS. (a) In conjunction with the state treasurer, the
60-2 Texas Department of Human Services shall establish a pilot program
60-3 to create individual development accounts for individuals who are
60-4 receiving financial assistance under Chapter 31, Human Resources
60-5 Code, to encourage recipients to achieve self-sufficiency.
60-6 (b) The department by rule may provide for:
60-7 (1) the number of financial assistance recipients who
60-8 may participate in the program; and
60-9 (2) the maximum amount that may be saved by a
60-10 participant.
60-11 (c) The department shall encourage private sector employers
60-12 to provide matching funds for employed recipients of financial
60-13 assistance who are participating in this program.
60-14 (d) The expenditures from an individual's development
60-15 account are limited to educational and medical expenses,
60-16 work-related expenditures, including a self-employment enterprise,
60-17 and housing or moving expenses for the individual and an individual
60-18 who is a member of the AFDC certified group.
60-19 (e) The department shall report to the governor regarding
60-20 the success of the program. The department shall notify members of
60-21 the 75th and 76th legislatures and the standing committees of the
60-22 senate and house of representatives having primary jurisdiction
60-23 over the department of the filing of the report.
60-24 (f) This section expires September 1, 1999.
60-25 ARTICLE 8. PRIVATIZATION; TASK FORCE; FRAUD AND
60-26 ERROR PREVENTION; EBT USE
60-27 SECTION 8.01. PRIVATIZATION STUDY. (a) The State Council
61-1 on Competitive Government shall analyze the costs and benefits of
61-2 contracting with private entities to perform certain functions of
61-3 the Texas Department of Human Services' financial assistance
61-4 program under Chapter 31, Human Resources Code. The council shall
61-5 study the program's methods of:
61-6 (1) determining eligibility;
61-7 (2) assisting a financial aid recipient who is seeking
61-8 a job; and
61-9 (3) detecting fraud in the system.
61-10 (b) Other state agencies shall cooperate with the State
61-11 Council on Competitive Government as necessary to implement this
61-12 section.
61-13 (c) The State Council on Competitive Government shall
61-14 complete its study regarding privatization of some of the functions
61-15 of the Texas Department of Human Services not later than September
61-16 1, 1996. Not later than January 15, 1997, the council shall submit
61-17 to the governor a report on its findings. The council shall notify
61-18 members of the legislature and the standing committees of the
61-19 senate and house of representatives having primary jurisdiction
61-20 over the council of the filing of the report.
61-21 (d) This section expires February 1, 1997.
61-22 SECTION 8.02. PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
61-23 Chapter 21, Human Resources Code, is amended by adding Section
61-24 21.0145 to read as follows:
61-25 Sec. 21.0145. PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
61-26 (a) The Public Assistance Fraud Oversight Task Force is created to
61-27 advise and assist the department and the department's office of the
62-1 inspector general in improving the efficiency of fraud
62-2 investigations and collections.
62-3 (b) The task force is composed of a representative of the:
62-4 (1) attorney general's office, appointed by the
62-5 attorney general;
62-6 (2) comptroller's office, appointed by the
62-7 comptroller;
62-8 (3) Department of Public Safety, appointed by the
62-9 public safety director;
62-10 (4) state auditor's office, appointed by the state
62-11 auditor; and
62-12 (5) Texas Department of Human Services, appointed by
62-13 the commissioner of human services.
62-14 (c) The comptroller or the comptroller's designee serves as
62-15 the presiding officer of the task force. The task force may elect
62-16 any other necessary officers.
62-17 (d) The task force shall meet at least once each fiscal
62-18 quarter at the call of the presiding officer.
62-19 (e) The appointing agency is responsible for the expenses of
62-20 a member's service on the task force. Members of the task force
62-21 receive no additional compensation for serving on the task force.
62-22 (f) At least once each fiscal quarter, the department's
62-23 office of the inspector general shall provide to the task force:
62-24 (1) information detailing:
62-25 (A) the number of fraud referrals made to the
62-26 office and the origin of each referral;
62-27 (B) the time spent investigating each case;
63-1 (C) the number of cases investigated each month,
63-2 by program and region;
63-3 (D) the dollar value of each fraud case that
63-4 results in a criminal conviction; and
63-5 (E) the number of cases the office rejects and
63-6 the reason for rejection, by region; and
63-7 (2) any additional information the task force
63-8 requires.
63-9 SECTION 8.03. FRAUD DETECTION THROUGH DATA MATCHING.
63-10 Chapter 22, Human Resources Code, is amended by adding Section
63-11 22.029 to read as follows:
63-12 Sec. 22.029. PROJECT FOR FRAUD DETECTION AND PREVENTION
63-13 THROUGH DATA MATCHING. (a) In order to enhance the state's
63-14 ability to detect and prevent fraud in the payment of claims under
63-15 federal and state entitlement programs, the Health and Human
63-16 Services Commission may implement a data matching project as
63-17 described by Subsection (b).
63-18 (b) The project shall involve the matching of database
63-19 information among participating agencies. The commission shall
63-20 contract through a memorandum of understanding with each agency
63-21 participating in the project. After the data has been matched, the
63-22 commission shall furnish each participating agency with a list of
63-23 potential fraudulent occurrences or administrative errors.
63-24 (c) Each agency participating in a matching cycle shall
63-25 document actions taken to investigate and resolve fraudulent issues
63-26 noted on the list provided by the commission. The commission shall
63-27 compile the documentation furnished by participating agencies for
64-1 each matching cycle, and shall report the results of the project to
64-2 the governor, lieutenant governor, speaker of the house of
64-3 representatives, and Legislative Budget Board not later than
64-4 December 1, 1996.
64-5 (d) Agencies participating under Subsection (b) shall
64-6 cooperate fully with the commission in the prompt provision of data
64-7 in the requested format, for the identification of suspected
64-8 fraudulent occurrences, or administrative errors as the commission
64-9 may otherwise reasonably request in order to carry out the intent
64-10 of this section.
64-11 (e) The commission and participating agencies providing
64-12 source data for the project shall take all necessary steps to
64-13 protect the confidentiality of information provided as part of this
64-14 project, in compliance with all existing state and federal privacy
64-15 guidelines.
64-16 SECTION 8.04. FRAUD PREVENTION. (a) Chapter 22, Human
64-17 Resources Code, is amended by adding Sections 22.027 and 22.028 to
64-18 read as follows:
64-19 Sec. 22.027. FRAUD PREVENTION. (a) The department's office
64-20 of the inspector general shall compile and disseminate accurate
64-21 information and statistics relating to:
64-22 (1) fraud prevention; and
64-23 (2) post-fraud referrals received and accepted or
64-24 rejected from the department's case management system.
64-25 (b) The department shall:
64-26 (1) aggressively publicize successful fraud
64-27 prosecutions; and
65-1 (2) establish and promote a toll-free hotline for
65-2 reporting suspected fraud in programs administered by the
65-3 department.
65-4 (c) The department shall develop a cost-effective method of
65-5 identifying applicants for public assistance in counties bordering
65-6 other states and in metropolitan areas selected by the department
65-7 who are already receiving benefits in other states. If
65-8 economically feasible, the department may develop a computerized
65-9 matching system.
65-10 (d) The department shall:
65-11 (1) verify automobile information that is used as
65-12 criteria for eligibility; and
65-13 (2) establish a computerized matching system with the
65-14 Texas Department of Criminal Justice to prevent an incarcerated
65-15 individual from illegally receiving public assistance benefits
65-16 administered by the department.
65-17 Sec. 22.028. ELECTRONIC BENEFITS TRANSFER: MONITORING. (a)
65-18 The private electronic benefits transfer (EBT) operator with which
65-19 the department contracts to administer the EBT system, shall
65-20 establish procedures to maintain records that monitor all debit
65-21 transactions relating to EBT client accounts under this section.
65-22 The EBT operator shall deliver copies of the records to the
65-23 department and the comptroller not later than the first day of each
65-24 month. The department shall immediately review the records and
65-25 assess the propriety of the debit transactions.
65-26 (b) After reviewing the records under Subsection (a), the
65-27 department shall take necessary or advisable action to ensure
66-1 compliance with EBT rules by the EBT operator, retailers, and
66-2 clients.
66-3 (c) No later than the first day of each month, the
66-4 department shall send the comptroller a report listing the accounts
66-5 on which enforcement actions or other steps were taken by the
66-6 department in response to the records received from the EBT
66-7 operator under this section, and the action taken by the
66-8 department. The comptroller shall promptly review the report and,
66-9 as appropriate, may solicit the advice of the Public Assistance
66-10 Fraud Oversight Task Force regarding the results of the
66-11 department's enforcement actions.
66-12 (b) The Texas Department of Human Services shall:
66-13 (1) evaluate the costs and benefits of the five-day
66-14 time limit the department prescribes for the investigation of fraud
66-15 prevention referrals; and
66-16 (2) consider lowering the criteria for acceptance by
66-17 the department's office of the inspector general of post-fraud
66-18 referrals.
66-19 (c) If the department lowers the criteria for accepting
66-20 post-fraud referrals, the department shall require each department
66-21 office to apply that criteria.
66-22 SECTION 8.05. PREVENTING FRAUD THROUGH CERTIFICATE OF TITLE.
66-23 The Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
66-24 Statutes) is amended by adding Section 27a to read as follows:
66-25 Sec. 27a. In a county in which the department's automated
66-26 registration and title system has been implemented, the department
66-27 shall require an individual applying for a certificate of title to
67-1 give the applicant's social security number. The department or
67-2 county shall enter an applicant's social security number in the
67-3 department's electronic database but may not print the number on
67-4 the certificate of title.
67-5 SECTION 8.06. PREVENTING FRAUD THROUGH VEHICLE REGISTRATION
67-6 DATABASE. Section 17A, Chapter 88, General Laws, Acts of the 41st
67-7 Legislature, 2nd Called Session, 1929 (Article 6675a-17A, Vernon's
67-8 Texas Civil Statutes), is amended by amending Subsection (b) and
67-9 adding Subsection (c) to read as follows:
67-10 (b) This section does not apply to the release of
67-11 information to:
67-12 (1) a peace officer, as that term is defined in
67-13 Article 2.12, Code of Criminal Procedure, if the officer is acting
67-14 in an official capacity; or
67-15 (2) an official of the state, a city, town, county,
67-16 special district, or other political subdivision of the state if
67-17 the official is requesting the information for tax purposes or for
67-18 the purpose of determining eligibility for a state public
67-19 assistance program.
67-20 (c) The Texas Department of Transportation shall provide a
67-21 dedicated line to its vehicle registration record database for use
67-22 by other state agencies. Access to records and transmission of
67-23 information under this subsection does not affect whether the
67-24 information is subject to disclosure under Chapter 552, Government
67-25 Code.
67-26 SECTION 8.07. ELECTRONIC IMAGING PROGRAM. (a) Subchapter
67-27 B, Chapter 31, Human Resources Code, is amended by adding Section
68-1 31.0325 to read as follows:
68-2 Sec. 31.0325. ELECTRONIC IMAGING PROGRAM. (a) In
68-3 conjunction with other appropriate agencies, the department by rule
68-4 shall develop a program to prevent welfare fraud by using a type of
68-5 electronic fingerprint-imaging or photo-imaging of adult and teen
68-6 parent applicants for and adult and teen parent recipients of
68-7 financial assistance under this chapter.
68-8 (b) In adopting rules under this section, the department
68-9 shall ensure that any electronic imaging performed by the
68-10 department is strictly confidential and is used only to prevent
68-11 fraud by adult and teen parent recipients of assistance.
68-12 (c) The department shall:
68-13 (1) establish the program in conjunction with an
68-14 electronic benefits transfer program;
68-15 (2) use an imaging system; and
68-16 (3) provide for gradual implementation of this section
68-17 by selecting specific counties or areas of the state as test sites.
68-18 (d) Each fiscal quarter, the department shall submit to the
68-19 governor and the legislature a report on the status and progress of
68-20 the programs in the test sites selected under Subsection (c)(3).
68-21 (b) The Texas Department of Human Services shall establish
68-22 the initial electronic imaging program required by Section 31.0325,
68-23 Human Resources Code, as added by this section, not later than
68-24 January 1, 1996.
68-25 SECTION 8.08. ERROR-RATE REDUCTION. (a) Chapter 22, Human
68-26 Resources Code, is amended by adding Sections 22.025 and 22.026 to
68-27 read as follows:
69-1 Sec. 22.025. ERROR-RATE REDUCTION. (a) The department
69-2 shall:
69-3 (1) set progressive goals for improving the
69-4 department's error rates in the aid to families with dependent
69-5 children and food stamp programs; and
69-6 (2) develop a specific schedule to meet those goals.
69-7 (b) Each fiscal quarter, the department shall prepare a
69-8 report detailing the progress the department has made in reaching
69-9 its goals. The report must include an analysis by region of the
69-10 department's goals and performance relating to error-rate
69-11 reduction. The department shall send a copy of the report to the
69-12 governor's office, the legislative budget office, and any
69-13 appropriate interagency task force having oversight responsibility
69-14 over welfare fraud.
69-15 (c) As appropriate, the department shall include in its
69-16 employee evaluation process a rating system that emphasizes
69-17 error-rate reduction and workload.
69-18 (d) The department shall take appropriate action if a region
69-19 has a higher than average error rate and that rate is not reduced
69-20 in a reasonable period.
69-21 Sec. 22.026. REDUCTION OF CLIENT FRAUD. The department
69-22 shall:
69-23 (1) ensure that errors attributed to client fraud are
69-24 appropriate; and
69-25 (2) take immediate and appropriate action to limit any
69-26 client fraud that occurs.
69-27 (b) Not later than November 1, 1995, the Texas Department of
70-1 Human Services shall develop a concentrated and effective plan for
70-2 the city of Houston region to reduce the department's error rates
70-3 in the aid to families with dependent children and food stamp
70-4 programs.
70-5 (c) The Texas Department of Human Services shall make the
70-6 first progress report required by Section 22.025, Human Resources
70-7 Code, as added by this article, not later than September 1, 1995.
70-8 SECTION 8.09. MODIFICATION OF SCREENING AND SERVICE DELIVERY
70-9 REQUIREMENTS. Section 33.002, Human Resources Code, is amended by
70-10 adding Subsection (g) to read as follows:
70-11 (g) The department may, within federal limits, modify the
70-12 one-day screening and service delivery requirements prescribed by
70-13 Subsection (e) if the department determines that the modification
70-14 is necessary to reduce fraud in the food stamp program.
70-15 SECTION 8.10. TASK FORCE: ELECTRONIC BENEFITS TRANSFERS.
70-16 Article 4413(502), Revised Statutes, is amended by adding Section
70-17 10B to read as follows:
70-18 Sec. 10B. INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
70-19 TRANSFERS. (a) An interagency task force is created to advise and
70-20 assist the commission in adding new benefit programs to the
70-21 statewide electronic benefits transfer (EBT) system.
70-22 (b) The task force is composed of:
70-23 (1) a representative of:
70-24 (A) the attorney general's office, appointed by
70-25 the attorney general;
70-26 (B) the comptroller's office, appointed by the
70-27 comptroller;
71-1 (C) the commission, appointed by the
71-2 commissioner;
71-3 (D) the Texas Department of Health, appointed by
71-4 the commissioner of public health;
71-5 (E) the Texas Department of Human Services,
71-6 appointed by the commissioner of human services;
71-7 (F) the Texas Employment Commission, appointed
71-8 by the presiding officer of that agency; and
71-9 (G) the Texas Rehabilitation Commission,
71-10 appointed by the commissioner of that agency; and
71-11 (2) two representatives of each of the following
71-12 groups, appointed by the comptroller:
71-13 (A) retailers who maintain EBT point-of-sale
71-14 equipment;
71-15 (B) banks or owners of automatic teller
71-16 machines; and
71-17 (C) consumer or client advocacy organizations.
71-18 (c) A member of the task force serves at the will of the
71-19 appointing agency.
71-20 (d) The representative of the comptroller's office serves as
71-21 presiding officer. The task force may elect any other necessary
71-22 officers.
71-23 (e) The task force shall meet at the call of the presiding
71-24 officer.
71-25 (f) The appointing agency is responsible for the expenses of
71-26 a member's service on the task force. A member of the task force
71-27 receives no additional compensation for serving on the task force.
72-1 (g) The task force shall:
72-2 (1) serve as the state counterpoint to the federal EBT
72-3 task force;
72-4 (2) identify benefit programs that merit addition to
72-5 the state's EBT system;
72-6 (3) identify and address problems that may occur if a
72-7 program is added;
72-8 (4) pursue state-federal partnerships to facilitate
72-9 the development and expansion of the state's EBT system;
72-10 (5) track and distribute federal legislation and
72-11 information from other states that relate to EBT systems;
72-12 (6) ensure efficiency and planning coordination in
72-13 relation to the state's EBT system;
72-14 (7) develop a plan utilizing the experience and
72-15 expertise of the Department of Public Safety of the State of Texas
72-16 for the use of a photograph or other imaging technology on all EBT
72-17 cards and, if proven to be effective in reducing fraud and misuse,
72-18 begin using the new cards starting with replacement cards for cards
72-19 currently used in the program; and
72-20 (8) review current and potential fraud problems with
72-21 EBT and propose methods to prevent or deter fraud.
72-22 (h) In determining which benefit programs can be added to
72-23 the state's EBT system, the task force shall consider, at a
72-24 minimum:
72-25 (1) the savings to the state;
72-26 (2) the ease of addition to existing infrastructure;
72-27 and
73-1 (3) the number of clients served.
73-2 SECTION 8.11. FARMERS MARKET EBT PROGRAM. Article
73-3 4413(502), Revised Statutes, is amended by adding Section 10C to
73-4 read as follows:
73-5 Sec. 10C. FARMERS MARKET EBT PILOT PROGRAM. (a) The Texas
73-6 Department of Human Services by rule shall establish an electronic
73-7 benefits transfer (EBT) pilot program for farmers markets. In
73-8 adopting rules under this section, the department shall:
73-9 (1) follow the recommendations of the working group
73-10 created by this section; and
73-11 (2) ensure that the pilot program is designed so that:
73-12 (A) EBT technology can be used at each farmers
73-13 market that currently accepts or is interested in accepting food
73-14 stamps in each county included in the program; and
73-15 (B) each farmer who currently accepts food
73-16 stamps at a farmers market in a county included in the program is
73-17 afforded the opportunity to participate in the EBT program.
73-18 (b) The department shall select two or more counties in
73-19 which to establish the pilot program. In selecting each county,
73-20 the department shall follow the recommendations of the working
73-21 group created by this section. The department shall also follow
73-22 the recommendations of the working group in determining which
73-23 technology option to test in each location so as to ensure that the
73-24 working group has sufficient information to make a responsible
73-25 recommendation to the department regarding appropriate permanent
73-26 adoption of EBT to farmers markets.
73-27 (c) An interagency working group is created as part of the
74-1 interagency task force on electronic benefits transfers created
74-2 under Section 10B of this article. The working group shall advise
74-3 and assist the Texas Department of Human Services in:
74-4 (1) developing an EBT pilot program for farmers
74-5 markets; and
74-6 (2) selecting two or more counties in which to
74-7 establish the program.
74-8 (d) The working group is composed of:
74-9 (1) a representative of:
74-10 (A) the comptroller's office, appointed by the
74-11 comptroller;
74-12 (B) the Department of Agriculture, appointed by
74-13 the commissioner of agriculture;
74-14 (C) the Texas Department of Human Services,
74-15 appointed by the commissioner of human services;
74-16 (D) nonprofit organizations that work with
74-17 farmers markets and low-income communities, appointed by the
74-18 commissioner of human services; and
74-19 (E) each company with whom the department
74-20 contracts for the installation and operation of the EBT system,
74-21 appointed by the commissioner of human services; and
74-22 (2) a farmer who accepts food stamps at a Central
74-23 Texas farmers market, appointed by the Department of Agriculture.
74-24 (e) A member of the working group serves at the will of the
74-25 appointing agency.
74-26 (f) The working group shall elect a presiding officer and
74-27 any other necessary officers.
75-1 (g) The working group shall meet at least quarterly and at
75-2 other times as necessary at the call of the presiding officer. The
75-3 working group shall hold its first meeting not earlier than
75-4 September 1, 1995, and not later than December 31, 1995, at the
75-5 call of the commissioner of human services.
75-6 (h) The appointing agency is responsible for the expenses of
75-7 a member's service on the working group. A member of the working
75-8 group receives no compensation for serving on the working group.
75-9 (i) The working group shall:
75-10 (1) establish goals for the pilot program;
75-11 (2) develop and submit to the Texas Department of
75-12 Human Services recommendations on the design and implementation of
75-13 the pilot program;
75-14 (3) recommend to the Texas Department of Human
75-15 Services two or more counties in which to establish the program;
75-16 and
75-17 (4) submit to the interagency task force on electronic
75-18 benefits transfers a report on the activities of the working group.
75-19 (j) Not later than January 15, 1997, the interagency task
75-20 force on electronic benefits transfers shall submit to the governor
75-21 and the 75th Legislature a report concerning the effectiveness of
75-22 the pilot program.
75-23 (k) The appointing agencies shall appoint the members of the
75-24 working group established by this section not later than September
75-25 1, 1995. The Texas Department of Human Services shall establish
75-26 the pilot program required by this section not later than January
75-27 1, 1996.
76-1 (l) This section expires September 1, 1997.
76-2 ARTICLE 9. GENERAL PROVISIONS:
76-3 HEALTH AND HUMAN SERVICES COMMISSION
76-4 SECTION 9.01. STRATEGIC PLANS AND BIENNIAL UPDATES. Section
76-5 10, Article 4413(502), Revised Statutes, is amended by amending
76-6 Subsection (d) and adding Subsection (e) to read as follows:
76-7 (d) All health and human services agencies shall submit
76-8 strategic plans and biennial updates to the commission on a date to
76-9 be determined by commission rule. The commission shall review and
76-10 comment on the strategic plans and biennial updates.
76-11 (e) Not later than January 1 of each even-numbered year, the
76-12 commission shall begin formal discussions with each health and
76-13 human services agency regarding that agency's strategic plan or
76-14 biennial update.
76-15 SECTION 9.02. INFORMATION AND COMPLAINTS. Section 12,
76-16 Article 4413(502), Revised Statutes, is amended to read as follows:
76-17 Sec. 12. PUBLIC INPUT <INTEREST> INFORMATION AND COMPLAINTS.
76-18 (a) The commission shall develop and implement policies that
76-19 provide the public with a reasonable opportunity to appear before
76-20 the commission and to speak on any issue under the jurisdiction of
76-21 the commission.
76-22 (b) The commission shall develop and implement routine and
76-23 ongoing mechanisms, in accessible formats:
76-24 (1) to receive consumer input;
76-25 (2) to involve consumers in planning, delivery, and
76-26 evaluation of programs and services under the jurisdiction of the
76-27 commission; and
77-1 (3) to communicate to the public the input received by
77-2 the commission under this section and actions taken in response to
77-3 that input.
77-4 (c) The commission shall prepare information of public
77-5 interest describing the functions of the commission and the
77-6 commission's procedures by which complaints are filed with and
77-7 resolved by the commission. The commission shall make the
77-8 information available to the public and appropriate state agencies.
77-9 (d) <(c)> The commissioner by rule shall establish methods
77-10 by which the public, consumers, and service recipients can be
77-11 notified of the mailing addresses and telephone numbers of
77-12 appropriate agency personnel for the purpose of directing
77-13 complaints to the commission. The commission may provide for that
77-14 notification:
77-15 (1) on each registration form, application, or written
77-16 contract for services of a person or entity regulated by the
77-17 commission;
77-18 (2) on a sign prominently displayed in the place of
77-19 business of each person or entity regulated by the commission; or
77-20 (3) in a bill for service provided by a person or
77-21 entity regulated by the commission.
77-22 (e) <(d)> The commission shall keep an information file
77-23 about each complaint filed with the commission relating to:
77-24 (1) a license holder or entity regulated by the
77-25 commission; or
77-26 (2) a service delivered by the commission.
77-27 (f) <(e)> If a written complaint is filed with the
78-1 commission relating to a license holder or entity regulated by the
78-2 commission or a service delivered by the commission, the
78-3 commission, at least quarterly and until final disposition of the
78-4 complaint, shall notify the parties to the complaint of the status
78-5 of the complaint unless notice would jeopardize an undercover
78-6 investigation.
78-7 SECTION 9.03. LEGISLATIVE APPROPRIATIONS REQUEST APPROVAL.
78-8 Section 13, Article 4413(502), Revised Statutes, is amended by
78-9 adding Subsection (d) to read as follows:
78-10 (d) A health and human services agency may not submit to the
78-11 legislature or the governor its legislative appropriations request
78-12 until the commission reviews and comments on the legislative
78-13 appropriations request.
78-14 SECTION 9.04. APPROPRIATIONS, TRANSFERS, CASELOAD ESTIMATES,
78-15 AND REPORTING. Article 4413(502), Revised Statutes, is amended by
78-16 adding Sections 13A, 13B, 13C, and 13D to read as follows:
78-17 Sec. 13A. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
78-18 BUDGETS. (a) In addition to the provisions of the General
78-19 Appropriations Act, the commission shall review and comment on:
78-20 (1) the annual operating budget of each health and
78-21 human services agency; and
78-22 (2) the transfer of funds between budget strategies
78-23 made by each health and human services agency prior to the transfer
78-24 of the funds.
78-25 (b) The commission shall issue a report, on a quarterly
78-26 basis, regarding the projected expenditures by budget strategy of
78-27 each health and human services agency compared to each agency's
79-1 operating budget.
79-2 Sec. 13B. FEDERAL FUNDS. Notwithstanding any other state
79-3 law and to the extent permitted by federal law, the commission may
79-4 review and comment on an operational or funding plan or a
79-5 modification to that plan prepared by a health and human services
79-6 agency designated as the single state agency to administer federal
79-7 funds.
79-8 Sec. 13C. AUTOMATED SYSTEMS. A health and human services
79-9 agency may not submit its plans to the Department of Information
79-10 Resources under Subchapter E, Chapter 2054, Government Code, until
79-11 those plans are approved by the commission.
79-12 Sec. 13D. COORDINATION AND APPROVAL OF CASELOAD ESTIMATES.
79-13 (a) The commission shall coordinate and approve caseload estimates
79-14 made for programs administered by health and human services
79-15 agencies.
79-16 (b) To implement this section, the commission shall:
79-17 (1) adopt uniform guidelines to be used by health and
79-18 human services agencies in estimating their caseloads, with
79-19 allowances given for those agencies for which exceptions from the
79-20 guidelines may be necessary;
79-21 (2) assemble a single set of economic and demographic
79-22 data and provide that data to each health and human services agency
79-23 to be used in estimating its caseloads; and
79-24 (3) seek advice from health and human services
79-25 agencies, the Legislative Budget Board, the governor's budget
79-26 office, the comptroller, and other relevant agencies as needed to
79-27 coordinate the caseload estimating process.
80-1 (c) The commission shall assemble caseload estimates made by
80-2 health and human services agencies into a coherent, uniform report
80-3 and shall update the report quarterly, with assistance from those
80-4 agencies. The commission shall publish the report and make it
80-5 readily available to state and local agencies and interested
80-6 private organizations.
80-7 (d) In the report prepared under Subsection (c) of this
80-8 section, the commission shall explain the caseload estimates using
80-9 monthly averages, annual unduplicated recipients, annual service
80-10 usage, and other commonly used measures.
80-11 (e) The commission shall attach a copy of the report
80-12 prepared under Subsection (c) of this section to the consolidated
80-13 health and human services budget recommendation submitted to the
80-14 Legislative Budget Board under Section 13 of this article and shall
80-15 also submit the report to the legislature when it convenes in
80-16 regular session.
80-17 SECTION 9.05. ACTIVITIES OF COMMISSIONER. Section 14,
80-18 Article 4413(502), Revised Statutes, is amended by amending
80-19 Subsection (a) and adding Subsection (d) to read as follows:
80-20 (a) The commissioner shall:
80-21 (1) arbitrate and render the <a> final decision on
80-22 interagency disputes;
80-23 (2) facilitate and enforce coordinated planning and
80-24 delivery of health and human services, including compliance with
80-25 the coordinated strategic plan, co-location of services, integrated
80-26 intake, and coordinated referral and case management;
80-27 (3) request budget execution for the transfer of funds
81-1 from one agency to another;
81-2 (4) establish a federal health and human services
81-3 funds management system and maximize the availability of those
81-4 funds;
81-5 (5) develop with the Department of Information
81-6 Resources automation standards for computer systems to enable
81-7 health and human services agencies to share pertinent data;
81-8 (6) establish and enforce uniform regional boundaries
81-9 for all health and human services agencies;
81-10 (7) carry out statewide health and human services
81-11 needs surveys and forecasting;
81-12 (8) perform independent special outcome evaluations of
81-13 health and human services programs and activities;
81-14 (9) adopt rules necessary to carry out the
81-15 commission's duties under this Act; and
81-16 (10) review and comment on health and human services
81-17 agency formulas <develop a formula> for the distribution of funds
81-18 to ensure that the formulas, to the extent permitted by federal
81-19 law, consider <considers> such need factors as client base,
81-20 population, and economic and geographic factors within the regions
81-21 of the state.
81-22 (d) Not later than the end of the first month of each fiscal
81-23 year, the commissioner shall submit to the governor, the lieutenant
81-24 governor, the speaker of the house of representatives, the
81-25 comptroller, and the Legislative Budget Board a work plan outlining
81-26 the activities of the commission for that fiscal year. The work
81-27 plan must establish priorities for the commission's activities
82-1 based on available resources.
82-2 SECTION 9.06. DELIVERY OF SERVICES. Article 4413(502),
82-3 Revised Statutes, is amended by adding Section 14A to read as
82-4 follows:
82-5 Sec. 14A. DELIVERY OF SERVICES. To integrate and streamline
82-6 service delivery and facilitate access to services, the
82-7 commissioner may request a health and human services agency to take
82-8 a specific action and may recommend the manner in which the
82-9 streamlining is to be accomplished, including requesting each
82-10 health and human services agency to:
82-11 (1) simplify agency procedures;
82-12 (2) automate agency procedures;
82-13 (3) coordinate service planning and management tasks
82-14 between and among health and human services agencies;
82-15 (4) reallocate staff resources;
82-16 (5) adopt rules;
82-17 (6) amend, waive, or repeal existing rules; and
82-18 (7) take other necessary actions.
82-19 SECTION 9.07. AGENCY STAFF. Article 4413(502), Revised
82-20 Statutes, is amended by adding Section 23 to read as follows:
82-21 Sec. 23. USE OF AGENCY STAFF. To the extent requested by
82-22 the commission, a health and human services agency shall assign
82-23 existing staff to perform a function under this article.
82-24 SECTION 9.08. REPORTS. Article 4413(502), Revised Statutes,
82-25 is amended by adding Section 24 to read as follows:
82-26 Sec. 24. REPORTS ON DELIVERY OF SERVICES. (a) Each
82-27 executive head of a health and human services agency shall report
83-1 quarterly to the governing body of that agency on that agency's
83-2 efforts to streamline and simplify the delivery of services. The
83-3 agency shall submit a copy of the report to the commission.
83-4 (b) The commission shall prepare and deliver a semiannual
83-5 report to the governor, the lieutenant governor, the speaker of the
83-6 house of representatives, the comptroller, the Legislative Budget
83-7 Board, and appropriate legislative committees on the efforts of the
83-8 health and human services agencies to streamline the delivery of
83-9 services provided by those agencies.
83-10 (c) The commissioner shall adopt rules relating to the
83-11 reports required by Subsection (a) of this section, including rules
83-12 specifying when and in what manner an agency must report and what
83-13 information must be included in the report. Each agency shall
83-14 follow the rules adopted by the commissioner under this section.
83-15 SECTION 9.09. LOCATION OF OFFICES. Section 3.08, Chapter
83-16 15, Acts of the 72nd Legislature, 1st Called Session, 1991 (Article
83-17 4413(505), Vernon's Texas Civil Statutes), is amended to read as
83-18 follows:
83-19 Sec. 3.08. LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
83-20 (a) As leases on office space expire, the commission shall
83-21 determine the needs for space and the location of health and human
83-22 services agency offices to enable the commission to achieve a
83-23 cost-effective one-stop or service center method of health and
83-24 human service delivery. <The administrative heads of the health
83-25 and human service agencies shall review the agencies' current
83-26 office and facility arrangements and study the feasibility of
83-27 co-locating offices or facilities located in the same geographic
84-1 area and shall report back to the commission not later than
84-2 September 1, 1992.>
84-3 (b) <On receiving approval from the commission, the
84-4 administrative heads of two or more health and human service
84-5 agencies with offices or facilities located in the same geographic
84-6 region shall co-locate the offices or facilities if the results of
84-7 the study conducted under this section show that client access
84-8 would be enhanced, the cost of co-location is not greater than the
84-9 combined operating costs of the separate offices or facilities of
84-10 those agencies, and the co-location would improve the efficiency of
84-11 the delivery of services.>
84-12 <(c)> In this section, "health and human service agencies"
84-13 includes the:
84-14 (1) Interagency Council on Early Childhood
84-15 Intervention Services;
84-16 (2) Texas Department on Aging;
84-17 (3) Texas Commission on Alcohol and Drug Abuse;
84-18 (4) Texas Commission for the Blind;
84-19 (5) Texas Commission for the Deaf and Hearing
84-20 Impaired;
84-21 (6) Texas Department of Health;
84-22 (7) Texas Department of Human Services;
84-23 (8) Texas Juvenile Probation Commission;
84-24 (9) Texas Department of Mental Health and Mental
84-25 Retardation;
84-26 (10) Texas Rehabilitation Commission; and
84-27 (11) Department of Protective and Regulatory Services.
85-1 SECTION 9.10. LEASING OFFICE SPACE. Section 6.031(a), State
85-2 Purchasing and General Services Act (Article 601b, Vernon's Texas
85-3 Civil Statutes), is amended to read as follows:
85-4 (a) Notwithstanding any other provision of this article, the
85-5 <The> commission may not lease office space to service the needs of
85-6 any <a single> health and human service agency unless the Health
85-7 and Human Services Commission has approved the office space for the
85-8 agency <agency can provide the commission with a reason for not
85-9 sharing the office space with one or more other health and human
85-10 service agencies>.
85-11 SECTION 9.11. INTEGRATED PILOT: HARRIS COUNTY HOSPITAL
85-12 DISTRICT AND THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON.
85-13 (a) The Health and Human Services Commission shall expand its
85-14 existing integrated eligibility pilot programs to include the
85-15 Harris County Hospital District and The University of Texas Medical
85-16 Branch at Galveston.
85-17 (b) A contract with the Harris County Hospital District or
85-18 The University of Texas Medical Branch at Galveston shall:
85-19 (1) specify performance-based measures to ensure error
85-20 rates are kept within acceptable federal limits;
85-21 (2) assure that the contractor assumes all liability
85-22 for any penalty incurred as a result of failure to meet federal
85-23 standards; and
85-24 (3) authorize the district and the medical branch to
85-25 simplify processes as much as possible and to use proprietary
85-26 software.
85-27 (c) Subject to approval by the Health and Human Services
86-1 Commission, the Texas Department of Human Services shall establish
86-2 standards for other automated systems to allow other entities to
86-3 file information directly.
86-4 (d) The Health and Human Services Commission shall study the
86-5 feasibility of enabling contractors or agencies other than the
86-6 Texas Department of Human Services to provide or assist in the
86-7 provision of client eligibility studies, determinations, and
86-8 certifications. In determining feasibility, the commission shall
86-9 consider:
86-10 (1) error rates;
86-11 (2) the state's potential liability;
86-12 (3) expansion of the client population; and
86-13 (4) the federal single state agency restrictions.
86-14 SECTION 9.12. INTEGRATED ELIGIBILITY DETERMINATION. (a)
86-15 Not later than September 1, 1996, the Health and Human Services
86-16 Commission, subject to the availability of funds to the commission
86-17 and to health and human services agencies, shall have completed the
86-18 development and substantial implementation of a plan for an
86-19 integrated eligibility determination and service delivery system
86-20 for health and human services at the local and regional levels.
86-21 The plan shall specify the dates by which all elements of the plan
86-22 must be implemented.
86-23 (b) The integrated eligibility determination and service
86-24 delivery system shall be developed and implemented to achieve at
86-25 least a one-percent savings in the cost of providing administrative
86-26 and other services and staff resulting from streamlining and
86-27 eliminating duplication of services. The commission shall use the
87-1 resulting savings to further develop the integrated system and to
87-2 provide other health and human services.
87-3 (c) The commission shall examine cost-effective methods to
87-4 address:
87-5 (1) fraud in the assistance programs; and
87-6 (2) the error rate in eligibility determination.
87-7 (d) In consultation and coordination with the State Council
87-8 on Competitive Government, the commission shall make and implement
87-9 recommendations on services or functions of the integrated
87-10 eligibility determination and service delivery system that could be
87-11 provided more effectively through the use of competitive bidding or
87-12 by contracting with local governments and other appropriate
87-13 entities. If the commission determines that private contracting
87-14 may be effective, the commission may automate the determination of
87-15 client eligibility by contracting with a private firm to conduct
87-16 application processing.
87-17 (e) Not later than October 1, 1996, the commission shall
87-18 develop a plan to consolidate administrative and service delivery
87-19 functions in addition to the integrated eligibility determination
87-20 and service delivery system in order to minimize duplication. The
87-21 commission shall prepare a report of the plan for submission to the
87-22 governor, the lieutenant governor, the speaker of the house of
87-23 representatives, the comptroller, and the 75th Legislature when it
87-24 convenes.
87-25 SECTION 9.13. INTEGRATED SERVICE DELIVERY. (a) Not later
87-26 than September 1, 1997, the Health and Human Services Commission
87-27 shall develop, using existing state, local, and private resources,
88-1 an integrated approach to the health and human service delivery
88-2 system that includes a cost-effective one-stop or service center
88-3 method of delivery to a client. The commission shall determine the
88-4 feasibility of using hospitals, schools, mental health and mental
88-5 retardation centers, health clinics, commercial locations in malls,
88-6 and other appropriate locations to achieve this integrated
88-7 approach.
88-8 (b) The health and human services agencies shall cooperate
88-9 with the commission in developing the integrated eligibility
88-10 determination and service delivery system.
88-11 (c) This section expires September 1, 1997.
88-12 SECTION 9.14. MAXIMIZING FEDERAL FUNDING. The state shall
88-13 make an effort to maximize funding for the health and human
88-14 services agencies in order to draw down federal money to which the
88-15 state could possibly be entitled to receive for child care,
88-16 employment, and other health and human services related programs.
88-17 Each health and human services agency shall enter into agreements
88-18 as described by Chapter 141, Acts of the 63rd Legislature, Regular
88-19 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes),
88-20 Chapter 683, Acts of the 66th Legislature, 1979 (Article 1118y,
88-21 Vernon's Texas Civil Statutes), and Article 1118z, Revised
88-22 Statutes, to expand transportation services for persons receiving
88-23 assistance for services under a federal program administered by
88-24 that agency.
88-25 SECTION 9.15. APPLICATION. The changes in law made by this
88-26 article apply beginning with appropriations made for the fiscal
88-27 year beginning September 1, 1995.
89-1 ARTICLE 10. SPOUSAL MAINTENANCE
89-2 SECTION 10.01. PURPOSE. (a) It is the intent of the
89-3 legislature in this article to provide spousal maintenance
89-4 primarily as a temporary rehabilitative measure for a divorced
89-5 spouse whose ability for self-support is lacking or has
89-6 deteriorated through the passage of time while the spouse was
89-7 engaged in homemaking activities and whose capital assets are
89-8 insufficient to provide support.
89-9 (b) It is the intent of the legislature in this article that
89-10 spousal support should be terminated in the shortest reasonable
89-11 time, not to exceed three years, in which the former spouse is able
89-12 to be employed or to acquire the necessary skills to become
89-13 self-supporting. Only in circumstances in which the former spouse
89-14 cannot become self-supporting by reason of incapacitating physical
89-15 or mental disability should maintenance be extended beyond this
89-16 period.
89-17 SECTION 10.02. SPOUSAL MAINTENANCE. Chapter 3, Family Code,
89-18 is amended by adding Subchapter G to read as follows:
89-19 SUBCHAPTER G. MAINTENANCE
89-20 Sec. 3.9601. Definition. In this subchapter, "maintenance"
89-21 means an award in a divorce, annulment, or suit to declare a
89-22 marriage void of periodic payments from the future income of one
89-23 spouse for the support of the other spouse.
89-24 Sec. 3.9602. Eligibility for Maintenance. In a suit for
89-25 divorce, annulment, to declare a marriage void, or in a proceeding
89-26 for maintenance in a court with personal jurisdiction over both
89-27 former spouses following the dissolution of their marriage by a
90-1 court that lacked personal jurisdiction over an absent spouse, the
90-2 court may order maintenance for either spouse only if:
90-3 (1) the spouse from whom maintenance is sought was
90-4 convicted of, or received deferred adjudication for, a criminal
90-5 offense that also constitutes an act of family violence under
90-6 Section 71.01, Family Code, and the offense occurred:
90-7 (A) within two years before the date on which a
90-8 suit for dissolution of the marriage was filed; or
90-9 (B) during the pendency of the suit; or
90-10 (2) the duration of the marriage was 10 years or
90-11 longer, the spouse seeking maintenance lacks sufficient property,
90-12 including property distributed to the spouse under this code, to
90-13 provide for the spouse's minimum reasonable needs, as limited by
90-14 Section 3.9605, and the spouse seeking maintenance:
90-15 (A) is unable to support himself or herself
90-16 through appropriate employment because of an incapacitating
90-17 physical or mental disability;
90-18 (B) is the custodian of a child who requires
90-19 substantial care and personal supervision because a physical or
90-20 mental disability makes it necessary, taking into consideration the
90-21 needs of the child, that the spouse not be employed outside the
90-22 home; or
90-23 (C) clearly lacks earning ability in the labor
90-24 market adequate to provide support for the spouse's minimum
90-25 reasonable needs, as limited by Section 3.9605.
90-26 Sec. 3.9603. Factors to Determine Maintenance. A court that
90-27 determines that a spouse is eligible to receive maintenance under
91-1 Section 3.9602 shall determine the nature, amount, duration, and
91-2 manner of periodic payments by considering all relevant factors,
91-3 including:
91-4 (1) the financial resources of the spouse seeking
91-5 maintenance, including the community and separate property and
91-6 liabilities apportioned to that spouse in the dissolution
91-7 proceeding, and that spouse's ability to meet his or her needs
91-8 independently;
91-9 (2) the education and employment skills of the spouses
91-10 and the time necessary to acquire sufficient education or training
91-11 to enable the spouse seeking maintenance to find appropriate
91-12 employment, the availability of that education or training, and the
91-13 feasibility of that education or training;
91-14 (3) the duration of the marriage;
91-15 (4) the age, employment history, earning ability, and
91-16 physical and emotional condition of the spouse seeking maintenance;
91-17 (5) the ability of the spouse from whom maintenance is
91-18 sought to meet that spouse's personal needs and to provide periodic
91-19 child support payments, if applicable, while meeting the personal
91-20 needs of the spouse seeking maintenance;
91-21 (6) acts by either spouse resulting in excessive or
91-22 abnormal expenditures or destruction, concealment, or fraudulent
91-23 disposition of community property, joint tenancy, or other property
91-24 held in common;
91-25 (7) the comparative financial resources of the
91-26 spouses, including medical, retirement, insurance, or other
91-27 benefits, and the separate property of each spouse;
92-1 (8) the contribution by one spouse to the education,
92-2 training, or increased earning power of the other spouse;
92-3 (9) the property brought to the marriage by either
92-4 spouse;
92-5 (10) the contribution of a spouse as homemaker;
92-6 (11) any marital misconduct of the spouse seeking
92-7 maintenance; and
92-8 (12) the efforts of the spouse seeking maintenance to
92-9 pursue available employment counseling as provided by Chapter 304,
92-10 Labor Code.
92-11 Sec. 3.9604. PRESUMPTION. (a) Except as provided by
92-12 Subsection (b), it is presumed that maintenance is not warranted
92-13 unless the spouse seeking maintenance has exercised diligence in:
92-14 (1) seeking suitable employment; or
92-15 (2) developing the necessary skills to become
92-16 self-supporting during any period of separation and during the
92-17 pendency of the divorce suit.
92-18 (b) This section does not apply to a spouse who is not able
92-19 to satisfy the presumption in Subsection (a) because of an
92-20 incapacitating physical or mental disability.
92-21 Sec. 3.9605. DURATION OF MAINTENANCE ORDER. (a) Except as
92-22 provided by Subsection (b), a court:
92-23 (1) may not enter a maintenance order that remains in
92-24 effect for more than three years after the date of the order; and
92-25 (2) shall limit the duration of a maintenance order to
92-26 the shortest reasonable period of time that allows the spouse
92-27 seeking maintenance to meet the spouse's minimum reasonable needs
93-1 by obtaining appropriate employment or developing an appropriate
93-2 skill, unless the ability of the spouse to provide for the spouse's
93-3 minimum reasonable needs through employment is substantially or
93-4 totally diminished because of:
93-5 (A) physical or mental disability;
93-6 (B) duties as the custodian of an infant or
93-7 young child; or
93-8 (C) another compelling impediment to gainful
93-9 employment.
93-10 (b) If a spouse seeking maintenance is unable to support
93-11 himself or herself through appropriate employment because of
93-12 incapacitating physical or mental disability, the court may order
93-13 maintenance for an indefinite period for as long as the disability
93-14 continues. The court may order periodic review of its order, on
93-15 the request of either party or on its own motion, to determine
93-16 whether the disability is continuing. The continuation of spousal
93-17 maintenance under these circumstances is subject to a motion to
93-18 modify as provided by Section 3.9608.
93-19 Sec. 3.9606. AMOUNT OF MAINTENANCE. (a) A court may not
93-20 enter a maintenance order that requires a spouse to pay monthly
93-21 more than the lesser of:
93-22 (1) $2,500; or
93-23 (2) 20 percent of the spouse's average monthly gross
93-24 income.
93-25 (b) The court shall set the amount that a spouse is required
93-26 to pay in a maintenance order to provide for the minimum reasonable
93-27 needs of the spouse receiving the maintenance under the order,
94-1 considering any employment or property received in the divorce or
94-2 annulment or otherwise owned by the spouse receiving the
94-3 maintenance that contributes to the minimum reasonable needs of
94-4 that spouse.
94-5 (c) Veterans Administration service-connected disability
94-6 compensation, social security benefits and disability benefits, and
94-7 workers' compensation benefits are excluded from maintenance.
94-8 Sec. 3.9607. TERMINATION. (a) The obligation to pay future
94-9 maintenance terminates on the death of either party or on the
94-10 remarriage of the party receiving maintenance.
94-11 (b) After a hearing, the court shall terminate the
94-12 maintenance order if the party receiving maintenance cohabits with
94-13 another person in a permanent place of abode on a continuing,
94-14 conjugal basis.
94-15 Sec. 3.9608. Modification of Maintenance Order. (a) The
94-16 amount of maintenance specified in a court order or the portion of
94-17 a decree that provides for the support of a former spouse may be
94-18 reduced by the filing of a motion in the court that originally
94-19 entered the order. A party affected by the order or the portion of
94-20 the decree to be modified may file the motion.
94-21 (b) Notice of a motion to modify maintenance and the
94-22 response, if any, are governed by the Texas Rules of Civil
94-23 Procedure applicable to the filing of an original lawsuit. Notice
94-24 must be given by service of citation, and a response must be in the
94-25 form of an answer due at or before 10 a.m. of the first Monday
94-26 after 20 days after the date of service. A court shall set a
94-27 hearing on the motion in the manner provided by Rule 245, Texas
95-1 Rules of Civil Procedure.
95-2 (c) After a hearing, the court may modify an original or
95-3 modified order or portion of a decree providing for maintenance on
95-4 a proper showing of a material and substantial change in
95-5 circumstances of either party. The court shall apply the
95-6 modification only to payments accruing after the filing of the
95-7 motion to modify.
95-8 (d) A loss of employment or circumstances that render a
95-9 former spouse unable to support himself or herself through
95-10 appropriate employment by reason of incapacitating physical or
95-11 mental disability that occurs after the divorce or annulment are
95-12 not grounds for the institution of spousal maintenance for the
95-13 benefit of the former spouse.
95-14 Sec. 3.9609. Enforcement of Maintenance Order. (a) The
95-15 court may enforce by contempt its maintenance order or an agreement
95-16 for the payment of maintenance voluntarily entered into between
95-17 the parties and approved by the court.
95-18 (b) On the motion of a party entitled to receive maintenance
95-19 payments, the court may render judgment against a defaulting party
95-20 for an amount unpaid and owing after notice by service of citation,
95-21 answer, if any, and a hearing finding that the defaulting party has
95-22 failed or refused to carry out the terms of the order. The
95-23 judgment may be enforced by any means available for the enforcement
95-24 of judgments for debts.
95-25 (c) It is an affirmative defense to an allegation of
95-26 contempt of court or of the violation of a condition of probation
95-27 requiring payment of court-ordered maintenance that the obligor:
96-1 (1) lacked the ability to provide maintenance in the
96-2 amount ordered;
96-3 (2) lacked property that could be sold, mortgaged, or
96-4 otherwise pledged to raise the funds needed;
96-5 (3) attempted unsuccessfully to borrow the needed
96-6 funds; and
96-7 (4) did not know of a source from which the money
96-8 could have been borrowed or otherwise legally obtained.
96-9 (d) The issue of the existence of an affirmative defense
96-10 does not arise unless evidence is admitted supporting the defense.
96-11 If the issue of the existence of an affirmative defense arises, an
96-12 obligor must prove the affirmative defense by a preponderance of
96-13 the evidence.
96-14 Sec. 3.9610. Putative Spouse. In a suit to declare a
96-15 marriage void, a putative spouse who did not have knowledge of an
96-16 existing impediment to a valid marriage may be awarded maintenance
96-17 if otherwise qualified to receive maintenance under this
96-18 subchapter.
96-19 Sec. 3.9611. Unmarried Cohabitants. An order for
96-20 maintenance is not authorized between unmarried cohabitants under
96-21 any circumstances.
96-22 SECTION 10.03. TRANSITION. (a) Except as provided by
96-23 Subsection (b) of this section, Sections 10.01 and 10.02 of this
96-24 article take effect September 1, 1995, and apply only to an action
96-25 filed on or after that date.
96-26 (b) Section 10.02 of this article does not apply to an
96-27 action filed on or before January 1, 1997, if a prior suit for
97-1 dissolution of a marriage between the parties was nonsuited by the
97-2 spouse seeking maintenance on or after January 1, 1995, and on or
97-3 before August 31, 1995.
97-4 (c) An action to which Section 10.02 of this article does
97-5 not apply is governed by the law in effect at the time the action
97-6 was filed, and that law is continued in effect only for that
97-7 purpose.
97-8 ARTICLE 11. WORKFORCE DEVELOPMENT
97-9 SECTION 11.01. The heading of Subtitle B, Title 4, Labor
97-10 Code, is amended to read as follows:
97-11 SUBTITLE B. TEXAS WORKFORCE COMMISSION; WORKFORCE
97-12 DEVELOPMENT; <ADDITIONAL>
97-13 EMPLOYMENT SERVICES
97-14 SECTION 11.02. (a) Chapter 301, Labor Code, is repealed.
97-15 (b) Subchapters A-E and G, Chapter 202, Labor Code, are
97-16 moved from Subtitle A, Title 4, Labor Code, to Subtitle B of that
97-17 title, redesignated as Chapter 301, Labor Code, and amended to read
97-18 as follows:
97-19 CHAPTER 301 <202>. TEXAS WORKFORCE <EMPLOYMENT>
97-20 COMMISSION
97-21 SUBCHAPTER A. ORGANIZATION OF COMMISSION
97-22 Sec. 301.001. PURPOSE; AGENCY GOALS; DEFINITIONS. (a) The
97-23 Texas Workforce Commission is a state agency established to operate
97-24 an integrated workforce development system in this state, in
97-25 particular through the consolidation of job training, employment,
97-26 and employment-related educational programs available in this
97-27 state, and to administer the unemployment compensation insurance
98-1 program in this state.
98-2 (b) The commission shall meet the needs of:
98-3 (1) the businesses of this state for the development
98-4 of a highly skilled and productive workforce;
98-5 (2) the workers of this state for education, skills
98-6 training, and labor market information to enhance their
98-7 employability, earnings, and standard of living and for an
98-8 efficient unemployment compensation system;
98-9 (3) the people of this state who are making a
98-10 transition into the workforce, particularly persons receiving
98-11 public assistance, displaced homemakers, and students making the
98-12 transition from school to work;
98-13 (4) the communities of this state to provide economic
98-14 incentive programs for job creation, attraction, and expansion; and
98-15 (5) the taxpayers of this state to ensure that tax
98-16 revenues for workforce development are spent efficiently and
98-17 effectively.
98-18 (c) A reference in this code or another law to the Texas
98-19 Employment Commission means the Texas Workforce Commission.
98-20 (d) In this title:
98-21 (1) "Chair" means the chair of the commission.
98-22 (2) "Commission" means the Texas Workforce Commission.
98-23 (3) "Council" means the Council on Workforce and
98-24 Economic Competitiveness.
98-25 (4) "Employment service" means the commission or the
98-26 entity designated by the commission to implement duties imposed
98-27 under the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.).
99-1 (5) "Executive director" means the executive director
99-2 of the commission.
99-3 (6) "Local workforce development board" means an
99-4 entity formed under Section 4.01, Workforce and Economic
99-5 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
99-6 Statutes).
99-7 Sec. 301.002 <202.001>. Membership Requirements. (a) The
99-8 commission <Texas Employment Commission> is composed of three
99-9 members:
99-10 (1) one of whom shall be a representative of labor;
99-11 (2) one of whom shall be a representative of
99-12 employers; and
99-13 (3) one of whom <shall be impartial and> shall
99-14 represent the public.
99-15 (b) The governor shall appoint the members and make the
99-16 appointments without regard to the race, color, disability <creed>,
99-17 sex, religion, age, or national origin of the appointees.
99-18 Sec. 301.003 <202.002>. Member Restrictions. (a) A member
99-19 of the commission may not engage in any other business, vocation,
99-20 or employment during the member's term on the commission.
99-21 (b) The public member of the commission may not be an
99-22 officer, employee, or paid consultant of a labor-oriented or
99-23 employer-oriented trade association while the member serves on the
99-24 commission.
99-25 Sec. 301.004 <202.003>. Effect of Lobbying Activity. A
99-26 person who is required to register as a lobbyist under Chapter 305,
99-27 Government Code, may not serve as a member of the commission or act
100-1 as the general counsel to the commission while so registered. If
100-2 the person ceases to engage in lobbying activity and files a notice
100-3 of termination as prescribed by Section 305.008, Government Code,
100-4 the person may serve as a member of the commission or act as the
100-5 general counsel to the commission.
100-6 Sec. 301.005 <202.004>. Terms; Vacancy. (a) Members of the
100-7 commission are appointed for staggered six-year terms, with one
100-8 member's term expiring on February 1 of each odd-numbered year.
100-9 (b) A member appointed to fill a vacancy shall hold office
100-10 for the remainder of that term.
100-11 Sec. 301.006 <202.005>. CHAIR <CHAIRMAN>. (a) The governor
100-12 shall designate <member representing the public is> the chair
100-13 <chairman> of the commission from among the members of the
100-14 commission. The chair shall serve in that capacity for a two-year
100-15 term. The governor may redesignate the same member to serve
100-16 consecutive terms.
100-17 (b) Notwithstanding Subsection (a), the member of the
100-18 commission who represents the public shall serve as chair:
100-19 (1) when the commission acts under Subchapter D,
100-20 Chapter 212; and
100-21 (2) in commission hearings involving unemployment
100-22 insurance issues regarding tax coverage, contributions, or
100-23 reimbursements.
100-24 Sec. 301.007 <202.006>. Removal of Commission Members.
100-25 (a) It is a ground for removal from the commission by impeachment
100-26 that a member:
100-27 (1) during any 60-day period, is absent from each
101-1 commission meeting for which the member received at least 48 hours'
101-2 notice;
101-3 (2) is unable to discharge the member's duties for the
101-4 remainder of the term for which the member was appointed because of
101-5 illness or other disability; or
101-6 (3) violates a prohibition established by Section
101-7 301.003 <202.002> or 301.004 <202.003>.
101-8 (b) The validity of an action of the commission is not
101-9 affected by the fact that it was taken when a ground for the
101-10 removal of a member of the commission existed.
101-11 Sec. 301.008. APPLICATION OF SUNSET ACT. The Texas
101-12 Workforce Commission is subject to Chapter 325, Government Code
101-13 (Texas Sunset Act). Unless continued in existence as provided by
101-14 that chapter, the commission is abolished September 1, 1999.
101-15 Sec. 301.009. COMMISSION DIVISIONS. (a) The commission
101-16 shall have:
101-17 (1) a division of workforce development; and
101-18 (2) a division of unemployment compensation.
101-19 (b) In addition to the divisions listed in Subsection (a),
101-20 the executive director may establish additional divisions within
101-21 the commission for effective administration and performance of
101-22 commission functions.
101-23 (c) The executive director shall appoint the directors of
101-24 the divisions of the commission. The directors serve at the
101-25 pleasure of the executive director.
101-26 (Sections 301.010-301.020 reserved for expansion
101-27 <Sections 202.007-202.020 reserved for expansion>
102-1 SUBCHAPTER B. COMMISSION ADMINISTRATION
102-2 Sec. 301.021 <202.021>. Donations. The commission may
102-3 accept a donation of services, money, or property from an
102-4 organization listed in Section 501(c)(3) of the Internal Revenue
102-5 Code of 1986 (26 U.S.C. Section 501(c)(3)) that the commission
102-6 determines furthers the lawful objectives of the commission. The
102-7 donation must be accepted in an open meeting by a majority of the
102-8 voting members of the commission and must be reported in the public
102-9 records of the commission with the name of the donor and the
102-10 purpose of the donation.
102-11 Sec. 301.022 <202.022>. Audit. The financial transactions
102-12 of the commission are subject to audit by the state auditor in
102-13 accordance with Chapter 321, Government Code.
102-14 Sec. 301.023 <202.023>. Complaints. (a) The commission
102-15 shall keep an information file about each complaint filed with the
102-16 commission that relates to a service provided by the commission.
102-17 (b) If a written complaint is filed with the commission that
102-18 relates to a service provided by the commission, the commission, at
102-19 least quarterly and until final disposition of the complaint, shall
102-20 notify the parties to the complaint of the status of the complaint.
102-21 Sec. 301.024 <202.024>. Official Seal; Use of Facsimiles.
102-22 (a) The commission has an official seal. A court shall take
102-23 judicial notice of the seal.
102-24 (b) The commission may execute, certify, authenticate, or
102-25 sign, with a facsimile signature and seal, any instrument
102-26 authorized under this subtitle to be issued by the commission or by
102-27 an authorized representative of the commission, including a claim,
103-1 statement, or audit report relating to the establishment or
103-2 collection of delinquent contributions or penalties.
103-3 <Sec. 202.025. STATE ADVISORY COUNCIL; LOCAL COUNCILS.
103-4 (a) The commission may appoint a state advisory council composed
103-5 of 15 persons representing employers, employees, and the public.
103-6 Each member of the commission may appoint five persons to the
103-7 advisory council.>
103-8 <(b) The advisory council shall meet regularly.>
103-9 <(c) As permitted by commission rule, a member of the
103-10 advisory council is entitled to reimbursement for necessary travel
103-11 and subsistence expenses and to a per diem allowance for attending
103-12 meetings of the council, but is not a state employee for any
103-13 purpose.>
103-14 <(d) The commission shall determine the composition and
103-15 prescribe the duties of the advisory council.>
103-16 <(e) The advisory council shall prepare an annual report
103-17 describing the advisory council's work during the preceding year
103-18 and detailing any recommendations.>
103-19 <(f) The commission may appoint and pay local advisory
103-20 councils and consultants under the same conditions as provided in
103-21 this section for the state advisory council.>
103-22 (Sections 301.025-301.040 reserved for expansion
103-23 <Sections 202.026-202.040 reserved for expansion>
103-24 SUBCHAPTER C. EXECUTIVE DIRECTOR;
103-25 AGENCY <ADMINISTRATOR AND> PERSONNEL
103-26 Sec. 301.041 <202.041>. EXECUTIVE DIRECTOR; AGENCY
103-27 <ADMINISTRATOR;> PERSONNEL. (a) The commission shall appoint an
104-1 executive director <agency administrator on the basis of merit> to
104-2 administer the daily operations of the commission in compliance
104-3 <and may prescribe any specific qualifications for the position of
104-4 agency administrator that are necessary to comply> with federal
104-5 law. <The position of agency administrator is subject to the merit
104-6 principles of Chapter 492, Acts of the 69th Legislature, Regular
104-7 Session, 1985 (Article 6252-11g, Vernon's Texas Civil Statutes).>
104-8 (b) A reference in this code or another law to the "agency
104-9 administrator" of the commission means the executive director.
104-10 (c) The executive director <agency administrator> may:
104-11 (1) appoint and prescribe the powers and duties of all
104-12 commission staff, including officers, accountants, attorneys,
104-13 experts, and other persons as necessary in the performance of the
104-14 commission's duties;
104-15 (2) delegate authority to a person appointed under
104-16 this section as the executive director <agency administrator>
104-17 considers reasonable and proper for the effective administration of
104-18 this title <subtitle>; <and>
104-19 (3) employ and terminate the employment of commission
104-20 staff members; and
104-21 (4) bond any person that handles money or signs checks
104-22 under this title <subtitle>.
104-23 (d) <(c)> The executive director <agency administrator> or a
104-24 person designated by the executive director <agency administrator>
104-25 shall develop a system of annual performance evaluations based on
104-26 measurable job tasks. All merit pay for commission employees must
104-27 be based on the system established under this subsection.
105-1 Sec. 301.042 <202.042>. ACCESS TO CERTAIN CRIMINAL HISTORY
105-2 RECORD INFORMATION<; OFFENSE; PENALTY>. (a) The commission may
105-3 request <and receive criminal history record information maintained
105-4 by the Department of Public Safety, the Federal Bureau of
105-5 Investigation Identification Division, or another law enforcement
105-6 agency to investigate an applicant for employment in a security
105-7 sensitive position.>
105-8 <(b) The commission shall adopt a uniform method of
105-9 obtaining criminal history information that requires the commission
105-10 to submit to the Department of Public Safety or another law
105-11 enforcement agency either a complete set of fingerprints or the
105-12 complete name, driver's license number, and social security number
105-13 of the person being investigated. If the commission does not
105-14 obtain relevant information from state or local law enforcement
105-15 agencies in response to a submission under this subsection, the
105-16 commission may submit either the fingerprints or the required
105-17 information to the Federal Bureau of Investigation Identification
105-18 Division.>
105-19 <(c) The commission may request> an applicant for a security
105-20 sensitive position to provide either a complete set of fingerprints
105-21 or the applicant's complete name, driver's license number, and
105-22 social security number. The executive director <commission> may
105-23 deny employment in a security sensitive position to an applicant
105-24 who fails to provide the requested fingerprints or information.
105-25 (b) <(d) All information received by the commission under
105-26 this section is privileged and confidential and is for the
105-27 exclusive use of the commission. The information may not be
106-1 released or otherwise disclosed to any other person except on court
106-2 order or with the written consent of the person being investigated.>
106-3 <(e) After the commission hires an applicant for a security
106-4 sensitive position, the commission shall seal the criminal history
106-5 record information regarding the applicant and shall deliver the
106-6 information to the custody of the agency administrator or the
106-7 person designated by the agency administrator, who shall maintain
106-8 the information as provided by commission rule. The commission
106-9 shall destroy the criminal history record information of an
106-10 applicant who is not hired.>
106-11 <(f) The commission shall adopt rules governing the custody
106-12 and use of information obtained under this section.>
106-13 <(g)> The executive director <commission> may use
106-14 information obtained under this section only to evaluate an
106-15 applicant for employment in a security sensitive position. A
106-16 security sensitive position must be so identified in the job
106-17 description and in the announcement of the position.
106-18 (c) <(h)> In this section, "security sensitive position"
106-19 means a position of employment that requires as an incident of the
106-20 employment:
106-21 (1) the performance of duties in:
106-22 (A) the automated data processing, controller,
106-23 or fiscal department; or
106-24 (B) a position designated to handle receipts or
106-25 disbursements of cash in a local or regional office;
106-26 (2) access to a computer terminal, if the information
106-27 available from the terminal is required by law to be confidential;
107-1 (3) access to a master key for access to the premises
107-2 other than during regular working hours; or
107-3 (4) the performance of duties considered to be
107-4 security sensitive by the state auditor or the Inspector General of
107-5 the United States Department of Labor.
107-6 <(i) A person commits an offense if the person releases or
107-7 discloses any information received under this section in violation
107-8 of Subsection (d). An offense under this subsection is a Class A
107-9 misdemeanor.>
107-10 Sec. 301.043 <202.043>. Standards of Conduct Information.
107-11 The executive director <commission> shall provide to the <its>
107-12 members of the commission and employees of the commission, as often
107-13 as necessary, information regarding their responsibilities under
107-14 applicable laws relating to standards of conduct for state officers
107-15 or employees.
107-16 Sec. 301.044. CAREER LADDER. The executive director shall
107-17 develop an intra-agency career ladder program for employees of the
107-18 commission. The program shall require the intra-agency posting of
107-19 all nonentry-level positions concurrently with any public posting.
107-20 Sec. 301.045. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a)
107-21 The executive director shall prepare and maintain a written policy
107-22 statement to ensure implementation of a program of equal employment
107-23 opportunity under which all personnel transactions are made without
107-24 regard to race, color, disability, sex, religion, age, or national
107-25 origin. The policy statement must include:
107-26 (1) personnel policies, including policies relating to
107-27 recruitment, evaluation, selection, appointment, training, and
108-1 promotion of personnel that are in compliance with Chapter 21;
108-2 (2) a comprehensive analysis of the commission's
108-3 workforce that meets federal and state guidelines;
108-4 (3) procedures by which a determination can be made of
108-5 significant underuse in the commission's workforce of all persons
108-6 for whom federal or state guidelines encourage a more equitable
108-7 balance; and
108-8 (4) reasonable methods to appropriately address those
108-9 areas of underuse.
108-10 (b) A policy statement under Subsection (a) must cover an
108-11 annual period, be updated annually, be reviewed by the Commission
108-12 on Human Rights for compliance with Subsection (a), and be filed
108-13 with the governor's office.
108-14 (c) The governor's office shall deliver a biennial report to
108-15 the legislature based on the information received under Subsection
108-16 (b). The report may be made separately or as part of other
108-17 biennial reports to the legislature.
108-18 (Sections 301.046-301.060 reserved for expansion
108-19 <Sections 202.044-202.060 reserved for expansion>
108-20 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF
108-21 COMMISSION AND EXECUTIVE DIRECTOR
108-22 Sec. 301.061 <202.061>. General Powers and Duties. (a) The
108-23 commission shall <administer this subtitle and may> adopt rules as
108-24 necessary for the administration of this title<, make expenditures,
108-25 require reports, conduct investigations, and take other action it
108-26 considers necessary or suitable to fulfill that duty>.
108-27 (b) The executive director <commission> shall:
109-1 (1) administer this title as provided by rules adopted
109-2 by the commission;
109-3 (2) determine the <its own> organization of the agency
109-4 and methods of procedure of the agency in accordance with this
109-5 title; and
109-6 (3) make expenditures necessary for the operation of
109-7 this title <subtitle>.
109-8 (c) Both the commission and the executive director may
109-9 require reports, conduct investigations, and take other actions the
109-10 commission or the executive director considers necessary or
109-11 suitable to fulfill the duties imposed under this title.
109-12 Sec. 301.062 <202.062>. Findings. Both the <The> commission
109-13 and the executive director may <shall> make findings and determine
109-14 issues under this title <subtitle> as necessary to administer this
109-15 title <subtitle>.
109-16 Sec. 301.063 <202.063>. State and Federal Cooperation.
109-17 (a) The commission is designated as the agency of this state for
109-18 implementation in this state of:
109-19 (1) the Wagner-Peyser Act (29 U.S.C. Section 49 et
109-20 seq.); and
109-21 (2) the Job Training Partnership Act (29 U.S.C.
109-22 Section 1501 et seq.).
109-23 (b) In administering this title <subtitle> the commission
109-24 and executive director shall:
109-25 (1) cooperate with the secretary under the Social
109-26 Security Act (42 U.S.C. Section 301 et seq.) to the fullest extent
109-27 consistent with this title <subtitle>;
110-1 (2) make reports in the form and containing
110-2 information required by the secretary and comply with provisions
110-3 the secretary finds necessary to ensure that the reports are
110-4 correct and verified;
110-5 (3) comply with the regulations prescribed by the
110-6 secretary governing the expenditures of funds allotted and paid to
110-7 the state under Title III of the Social Security Act (42 U.S.C.
110-8 Section 501 et seq.) to assist in the administration of this title
110-9 <subtitle>; and
110-10 (4) cooperate with any official or agency of the
110-11 United States having powers or duties under the Wagner-Peyser Act
110-12 (29 U.S.C. Section 49 et seq.) and take all actions necessary to
110-13 secure to this state the benefits of that Act and necessary to
110-14 perform the commission's duties under Chapter 307 <Subchapter F>.
110-15 (c) The commission may provide reasonable cooperation to
110-16 each agency of the United States charged with the administration of
110-17 any unemployment insurance law.
110-18 (d) On request, the commission shall furnish to an agency of
110-19 the United States responsible for the administration of public
110-20 works or assistance through public employment the name, address,
110-21 ordinary occupation, and employment status of each recipient of
110-22 benefits and shall inform the agency of the recipient's right to
110-23 further benefits under Subtitle A <this subtitle>.
110-24 (e) In this section, "secretary" means the United States
110-25 secretary of labor.
110-26 Sec. 301.064 <202.064>. Interpreter Services; Bilingual
110-27 Forms. (a) The executive director <commission> shall provide
111-1 language interpreters for agency programs through a comprehensive
111-2 language services program for persons whose primary language is
111-3 Spanish and may provide language interpreters through the program
111-4 for agency programs for persons whose primary language is other
111-5 than Spanish or English.
111-6 (b) The language services program must provide services,
111-7 including translation services, both to employers and to employees
111-8 or prospective employees.
111-9 (c) The executive director <commission> shall print
111-10 essential agency forms and instructional information in both
111-11 English and Spanish. A form shall be written in Spanish only when
111-12 revised or when new or additional forms are printed or prepared.
111-13 Sec. 301.065 <202.065>. Annual Report. (a) As soon as
111-14 practicable after the close of each fiscal year, the commission
111-15 shall submit to the governor and the legislature a report on the
111-16 administration and operation of the commission's activities under
111-17 this title <subtitle> during the preceding fiscal year, including
111-18 each recommendation of the commission for amendments to this title
111-19 <subtitle>.
111-20 (b) The annual report must include:
111-21 (1) a balance sheet of the money in the compensation
111-22 fund;
111-23 (2) <the annual report prepared by the state advisory
111-24 council under Section 202.025(e);>
111-25 <(3)> the commission's long-term and short-term
111-26 objectives; and
111-27 (3) <(4)> any other information requested by the
112-1 legislature or the Legislative Budget Board.
112-2 Sec. 301.066 <202.066>. Publications. (a) The executive
112-3 director <commission> shall print:
112-4 (1) the text of Subtitle A <this subtitle>;
112-5 (2) the commission's rules; and
112-6 (3) the commission's annual report to the governor and
112-7 the legislature.
112-8 (b) The executive director <commission> shall prepare
112-9 information describing the functions of the commission and the
112-10 commission's procedures by which complaints are filed with and
112-11 resolved by the commission.
112-12 (c) The executive director <commission> shall make the
112-13 information required to be printed or prepared under this section
112-14 and any other material that the executive director <commission>
112-15 determines to be relevant and suitable for distribution available
112-16 to the public and appropriate state agencies.
112-17 (Sections 301.067-301.070 reserved for expansion
112-18 <Sections 202.067-202.070 reserved for expansion>
112-19 SUBCHAPTER E. INVESTIGATIVE AND SUBPOENA POWERS
112-20 Sec. 301.071 <202.071>. Investigative and Subpoena Powers.
112-21 (a) In discharging duties imposed under Subtitle A <this
112-22 subtitle>, an appeal tribunal established under Section 212.101, a
112-23 member of the commission, or a representative authorized by the
112-24 commission may:
112-25 (1) administer oaths;
112-26 (2) take depositions;
112-27 (3) certify to official acts; and
113-1 (4) issue subpoenas to compel the attendance of
113-2 witnesses and the production of books, papers, correspondence,
113-3 memoranda, and other records considered necessary as evidence in
113-4 connection with a disputed claim or the administration of Subtitle
113-5 A <this subtitle>.
113-6 (b) The commission's authority to conduct an investigation,
113-7 assemble information, or require the submission of documentary or
113-8 oral testimony is limited to the power necessary to properly
113-9 administer Subtitle A <this subtitle>.
113-10 (c) Notwithstanding Section 154.004, Local Government Code,
113-11 or any other law, the executive director <commission> shall pay the
113-12 fee of a sheriff or constable who serves a subpoena under this
113-13 section. The fee shall be paid from the commission's
113-14 administrative funds, and the comptroller shall issue a warrant for
113-15 the fee as directed by the executive director <commission>.
113-16 Sec. 301.072 <202.072>. Enforcement of Subpoena; Offense;
113-17 Penalties. (a) If a person is guilty of contumacy or refuses to
113-18 obey a subpoena issued by a member of the commission or an
113-19 authorized representative of the commission, a county or district
113-20 court, on application by the commission or its authorized
113-21 representative, may order the person to appear before a member of
113-22 the commission, the commission, or its authorized representative to
113-23 produce evidence or give testimony regarding the matter under
113-24 investigation or in question. Only a court within the jurisdiction
113-25 where the commission conducts the inquiry or where the person is
113-26 found, resides, or transacts business may issue the order.
113-27 (b) Failure to obey a court order issued under Subsection
114-1 (a) is punishable as contempt.
114-2 (c) A person commits an offense if the person, without just
114-3 cause, does not obey a subpoena of the commission. An offense
114-4 under this subsection is punishable by a fine of not less than
114-5 $200, by confinement for not more than 60 days, or by both fine and
114-6 confinement. Each day of violation constitutes a separate offense.
114-7 Sec. 301.073 <202.073>. Self-Incrimination. (a) In any
114-8 cause or proceeding before the commission, a person is not excused
114-9 from attending and testifying, from producing books, papers,
114-10 correspondence, memoranda, and other records, or from obeying a
114-11 subpoena of the commission, a member of the commission, or a
114-12 representative of the commission on the ground that the testimony
114-13 or evidence, documentary or otherwise, may tend to incriminate the
114-14 person or subject the person to a penalty or forfeiture.
114-15 (b) A person may not be prosecuted or subjected to penalty
114-16 or forfeiture for or because of a transaction or thing for which
114-17 the person is compelled to testify or produce evidence after having
114-18 claimed a privilege against self-incrimination except for perjury.
114-19 Sec. 301.074 <202.074>. Defamation. An oral or written
114-20 statement made to the commission or to an employee of the
114-21 commission in connection with the discharge of the commission's or
114-22 the employee's duties under Subtitle A <this subtitle> may not be
114-23 the basis for an action for defamation of character.
114-24 (Sections 301.075-301.080 reserved for expansion
114-25 <Sections 202.075-202.080 reserved for expansion>
114-26 SUBCHAPTER F <G>. RECORDS
114-27 Sec. 301.081 <202.091>. Employee Records of Employing Unit;
115-1 Offense; Penalty. (a) Each employing unit shall keep employment
115-2 records containing information as prescribed by the commission and
115-3 as necessary for the proper administration of this title
115-4 <subtitle>. The records are open to inspection and may be copied
115-5 by the commission or an authorized representative of the commission
115-6 at any reasonable time and as often as necessary.
115-7 (b) The commission may require from an employing unit sworn
115-8 or unsworn reports regarding persons employed by the employing unit
115-9 as necessary for the effective administration of this title
115-10 <subtitle>.
115-11 (c) Employment information thus obtained or otherwise
115-12 secured may not be published and is not open to public inspection,
115-13 other than to a public employee in the performance of public
115-14 duties, except as the commission considers necessary for the proper
115-15 administration of this title <subtitle>.
115-16 (d) A person commits an offense if the person is an employee
115-17 or member of the commission who violates any provision of this
115-18 section. An offense under this subsection is punishable by a fine
115-19 of not less than $20 nor more than $200, confinement in jail for
115-20 not more than 90 days, or both fine and confinement.
115-21 Sec. 301.082 <202.092>. Copies of Records. (a) The
115-22 executive director <commission> may furnish a photostatic or
115-23 certified copy of a record in the commission's <its> possession to
115-24 a person entitled to receive a copy of the record on application by
115-25 the person.
115-26 (b) The executive director <commission> shall charge a
115-27 reasonable fee in an amount set by the commission for a copy of a
116-1 record furnished under this section.
116-2 Sec. 301.083 <202.093>. Access to Records by Railroad
116-3 Retirement Board. (a) The executive director <commission> may
116-4 make state records relating to the administration of Subtitle A
116-5 <this subtitle> available to the Railroad Retirement Board.
116-6 (b) The executive director <commission> may furnish the
116-7 Railroad Retirement Board with copies of the records requested by
116-8 the board at the board's expense.
116-9 Sec. 301.084 <202.094>. DESTRUCTION OF RECORDS. The
116-10 executive director <commission> may destroy any of the <its>
116-11 records of the agency under safeguards that protect the
116-12 confidential nature of the records if the executive director
116-13 <commission>:
116-14 (1) determines that the records no longer serve a
116-15 legal, administrative, or other useful purpose; or
116-16 (2) has made an authentic reproduction of the records
116-17 to be destroyed.
116-18 (Sections 301.085-301.090 reserved for expansion
116-19 SUBCHAPTER G. LEGISLATIVE OVERSIGHT
116-20 Sec. 301.091. DEFINITION; SUNSET DATE. (a) In this
116-21 subchapter, "committee" means the workforce development legislative
116-22 oversight committee.
116-23 (b) The committee is subject to Chapter 325, Government Code
116-24 (Texas Sunset Act). Unless continued in existence as provided by
116-25 that chapter, the committee is abolished September 1, 1999.
116-26 Sec. 301.092. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
116-27 (a) The committee is composed of:
117-1 (1) two members of the senate and one public member,
117-2 appointed by the lieutenant governor; and
117-3 (2) two members of the house of representatives and
117-4 one public member, appointed by the speaker of the house of
117-5 representatives.
117-6 (b) A member of the committee serves at the pleasure of the
117-7 appointing official.
117-8 (c) The lieutenant governor and speaker of the house of
117-9 representatives shall appoint the presiding officer of the
117-10 committee on an alternating basis. The presiding officer shall
117-11 serve a two-year term expiring February 1 of each odd-numbered
117-12 year.
117-13 Sec. 301.093. COMMITTEE POWERS AND DUTIES. (a) The
117-14 committee shall:
117-15 (1) meet at the call of the presiding officer;
117-16 (2) receive information about rules proposed or
117-17 adopted by the commission; and
117-18 (3) review specific recommendations for legislation
117-19 proposed by the commission.
117-20 (b) The committee shall monitor the implementation and
117-21 efficiency of the workforce development system of this state.
117-22 (c) The committee may request reports and other information
117-23 from the chair and the executive director relating to the operation
117-24 of the commission.
117-25 Sec. 301.094. REPORT. (a) The committee shall report to
117-26 the governor, lieutenant governor, and speaker of the house of
117-27 representatives not later than December 31 of each even-numbered
118-1 year.
118-2 (b) The report must include:
118-3 (1) identification of significant problems in the
118-4 workforce development system, with recommendations for action by
118-5 the chair, the executive director, and the commission;
118-6 (2) the status of the effectiveness of the workforce
118-7 development system to provide necessary services to workers and
118-8 employers of this state, with recommendations for any necessary
118-9 research; and
118-10 (3) recommendations for legislative action.
118-11 SECTION 11.03. Subtitle B, Title 4, Labor Code, is amended
118-12 by adding new Chapters 302 and 303 to read as follows:
118-13 CHAPTER 302. DIVISION OF WORKFORCE DEVELOPMENT
118-14 SUBCHAPTER A. GENERAL PROVISIONS
118-15 Sec. 302.001. DEFINITIONS. In this chapter:
118-16 (1) "Director" means the director of the division.
118-17 (2) "Division" means the division of workforce
118-18 development of the commission.
118-19 Sec. 302.002. GENERAL WORKFORCE DEVELOPMENT POWERS AND
118-20 DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. (a) The executive
118-21 director shall:
118-22 (1) to the extent feasible under federal law,
118-23 consolidate the administrative and programmatic functions of the
118-24 programs under the authority of the commission to achieve efficient
118-25 and effective delivery of services;
118-26 (2) administer each program and implement
118-27 corresponding federal and state legislation consolidated under the
119-1 authority of the commission under this chapter and other applicable
119-2 state law;
119-3 (3) determine the organization and methods of
119-4 procedure of the division in accordance with applicable state and
119-5 federal legislation;
119-6 (4) appoint and prescribe the duties of all officers,
119-7 administrators, accountants, attorneys, experts, and other
119-8 employees as necessary in the performance of the division's duties;
119-9 (5) delegate authority to persons appointed under this
119-10 section as the executive director considers reasonable and proper
119-11 for the effective administration of the division;
119-12 (6) bond any person who handles money or signs checks
119-13 for the division;
119-14 (7) implement workforce training and services policies
119-15 and programs, consistent with recommendations from the council and
119-16 as approved by the governor;
119-17 (8) serve as an advocate at the state and federal
119-18 levels for local workforce development boards;
119-19 (9) contract with local workforce development boards
119-20 for program planning and service delivery;
119-21 (10) provide training and professional development
119-22 services for division staff, local workforce development boards,
119-23 and the staff of those boards;
119-24 (11) support research and demonstration projects
119-25 designed to develop new programs and approaches to service
119-26 delivery;
119-27 (12) provide technical assistance and support to local
120-1 workforce development boards;
120-2 (13) prepare an annual agency performance report for
120-3 submission to the governor, the legislature, the commission, and
120-4 the council;
120-5 (14) design and administer a statewide comprehensive
120-6 labor market information system;
120-7 (15) serve as the chair of the State Occupational
120-8 Information Coordinating Committee; and
120-9 (16) perform other functions and duties as may be
120-10 required by law or assigned by the commission.
120-11 (b) The executive director may make expenditures, enter into
120-12 contracts with public, private, and nonprofit organizations,
120-13 require reports, conduct investigations, and take other action the
120-14 executive director or commission considers necessary or suitable to
120-15 fulfill the division's administrative duties.
120-16 (c) The executive director may enter interagency contracts
120-17 and memoranda of understanding with other state agencies for the
120-18 performance of administrative functions of the agency.
120-19 (d) The commission shall adopt rules in accordance with
120-20 Chapter 2001, Government Code, as necessary for the proper
120-21 administration of the division.
120-22 (e) The executive director may obligate funds from the
120-23 skills development fund in a manner consistent with the rules
120-24 adopted by the commission for that program. The executive director
120-25 shall report to the governor, the legislature, the commission, and
120-26 the council on a quarterly basis regarding actions taken under this
120-27 subsection.
121-1 (Sections 302.003-302.020 reserved for expansion
121-2 SUBCHAPTER B. JURISDICTION OF DIVISION OF
121-3 WORKFORCE DEVELOPMENT
121-4 Sec. 302.021. CONSOLIDATION OF WORKFORCE DEVELOPMENT
121-5 PROGRAMS. (a) The following job-training, employment, and
121-6 employment-related educational programs and functions are
121-7 consolidated under the authority of the division:
121-8 (1) adult education programs under Section 11.18,
121-9 Education Code;
121-10 (2) proprietary school programs under Chapter 32,
121-11 Education Code;
121-12 (3) apprenticeship programs under Chapter 33,
121-13 Education Code;
121-14 (4) postsecondary vocational and technical
121-15 job-training programs that are not a part of approved courses or
121-16 programs that lead to licensing, certification, or an associate
121-17 degree under Chapters 61, 108, 130, and 135, Education Code, and
121-18 Subchapter E, Chapter 88, Education Code;
121-19 (5) employment programs under Chapter 31, Human
121-20 Resources Code;
121-21 (6) the senior citizens employment program under
121-22 Chapter 101, Human Resources Code;
121-23 (7) the work and family policies program under Chapter
121-24 81;
121-25 (8) job-training programs funded under the Job
121-26 Training Partnership Act (29 U.S.C. Section 1501 et seq.);
121-27 (9) the job counseling program for displaced
122-1 homemakers under Chapter 304;
122-2 (10) the Communities in Schools program under Chapter
122-3 305;
122-4 (11) the reintegration of offenders program under
122-5 Chapter 306;
122-6 (12) the inmate employment counseling program under
122-7 Section 499.051(f), Government Code;
122-8 (13) the continuity of care program under Section
122-9 501.095, Government Code;
122-10 (14) a literacy program from funds available to the
122-11 state under Section 481.026, Government Code;
122-12 (15) the employment service;
122-13 (16) the community service program under the National
122-14 and Community Service Act of 1990 (42 U.S.C. Section 12501 et
122-15 seq.);
122-16 (17) the trade adjustment assistance program under
122-17 Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
122-18 seq.);
122-19 (18) the Job Opportunities and Basic Skills program
122-20 under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
122-21 682);
122-22 (19) the food stamp employment and training program
122-23 authorized under 7 U.S.C. Section 2015(d); and
122-24 (20) the functions of the State Occupational
122-25 Information Coordinating Committee.
122-26 (b) In addition to the programs consolidated under the
122-27 authority of the division under Subsection (a), the division shall
123-1 administer:
123-2 (1) programs in this state to enhance the employment
123-3 opportunities of veterans of the armed services of the United
123-4 States, including the employment program funded under Chapters 41
123-5 and 42, Title 38, United States Code;
123-6 (2) child-care services provided under Chapter 44,
123-7 Human Resources Code; and
123-8 (3) programs established in this state through federal
123-9 funding to conduct full service career development centers and
123-10 school-to-work transition services.
123-11 (c) To the extent permitted under federal law, the division
123-12 shall administer the programs funded through the education
123-13 coordination funds under Section 123, Job Training Partnership Act
123-14 (29 U.S.C. Section 1533).
123-15 Sec. 302.022. CLIENT ACCESSIBILITY. The director shall
123-16 develop a uniform, statewide client application and enrollment
123-17 process to determine an applicant's eligibility for workforce
123-18 training and services funded through the division.
123-19 Sec. 302.023. DELEGATION OF FUNCTIONS. The executive
123-20 director shall delegate all or part of the administration of a
123-21 program listed under Section 302.021 that is eligible for block
123-22 grant funding under Section 302.062 to a local workforce
123-23 development board in an area in which a board has been certified
123-24 and a local plan approved by the governor, or to another
123-25 appropriate state or local entity in an area in which a local
123-26 workforce development board has not been certified and a local plan
123-27 approved by the governor.
124-1 (Sections 302.024-302.040 reserved for expansion
124-2 SUBCHAPTER C. STATE-LOCAL PLANNING; LOCAL
124-3 WORKFORCE DEVELOPMENT BOARDS
124-4 Sec. 302.041. STATE-LOCAL PLANNING PROCESS. The director
124-5 shall design and implement a state-local planning process for
124-6 workforce training and services provided through the programs under
124-7 the jurisdiction of the division.
124-8 Sec. 302.042. REVIEW OF LOCAL PLANS; RECOMMENDATIONS. The
124-9 commission shall review the local workforce training and services
124-10 plans developed under Section 4.05, Workforce and Economic
124-11 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
124-12 Statutes), and shall make recommendations to the council regarding
124-13 the implementation of those plans.
124-14 Sec. 302.043. TRAINING FOR LOCAL WORKFORCE DEVELOPMENT BOARD
124-15 MEMBERS. (a) The division shall provide management and board
124-16 development training for all members of local workforce development
124-17 boards that includes information regarding the importance of
124-18 high-quality workforces to the economic prosperity of their
124-19 communities and encourages board members to be advocates in their
124-20 communities for effective and efficient workforce development
124-21 programs. If a member of a local workforce development board does
124-22 not receive training under this section before the 91st day after
124-23 the date on which the member begins service on the board, the
124-24 person is ineligible to continue serving on the board unless the
124-25 training required under this subsection was requested by the member
124-26 but not provided by the division.
124-27 (b) Training may be provided directly by the division or by
125-1 a third party that has demonstrated experience in providing
125-2 training to local workforce development or similar boards.
125-3 (Sections 302.044-302.060 reserved for expansion
125-4 SUBCHAPTER D. ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
125-5 Sec. 302.061. ADMINISTRATION FUNDING. Unless superseded by
125-6 federal law, the commission may use an amount not to exceed 20
125-7 percent of the amount of funds available to the commission for
125-8 workforce training and services to implement state-level
125-9 responsibilities, including administration, research and planning,
125-10 system design and development, and training and technical
125-11 assistance.
125-12 Sec. 302.062. BLOCK GRANTS TO LOCAL WORKFORCE DEVELOPMENT
125-13 AREAS. (a) Effective July 1, 1996, the commission shall provide
125-14 to the local workforce development areas in which local workforce
125-15 development boards have been certified and local plans approved by
125-16 the governor, through a block grant process, funds available to the
125-17 commission for workforce training and employment services, unless
125-18 superseded by federal law. Administrative costs under this
125-19 subsection may not exceed five percent of the total amount of funds
125-20 available to the commission for block grants for workforce training
125-21 and services.
125-22 (b) In the case of funds that are allocated to this state or
125-23 regions of this state through the application of established
125-24 formulas, the commission shall allocate amounts across the state
125-25 using the same formula that was used to provide the funds to the
125-26 state or that region.
125-27 (c) In the case of funds that are not allocated by formula
126-1 to this state or regions of this state, the commission shall
126-2 develop a need-based formula that will equitably allocate funds
126-3 among local workforce development areas throughout this state.
126-4 (d) Contingent on the availability of funds, in any state
126-5 fiscal biennium, the commission may not allocate to a local
126-6 workforce development area less than 90 percent or more than 125
126-7 percent of the amount received by that area during the preceding
126-8 state fiscal biennium.
126-9 (e) In each area of the state not yet designated as a local
126-10 workforce development area or that has been so designated but in
126-11 which a local workforce development board has not been certified
126-12 and a local plan approved by the governor, the executive director
126-13 shall:
126-14 (1) provide workforce training and services in that
126-15 area to the extent allowed by federal law; and
126-16 (2) specify an entity, which may be the commission,
126-17 for the performance of employment services in that area.
126-18 (f) At least 80 percent of the funds available to the
126-19 commission for workforce training and services in an area shall be
126-20 provided to the local workforce development board under Subsection
126-21 (a) or, in an area in which a local workforce development board has
126-22 not been certified and a local plan approved by the governor, to
126-23 the entity specified by the executive director under Subsection
126-24 (e). If a local workforce development board has been certified and
126-25 a local plan approved by the governor, the funds shall be provided
126-26 through the block grant process described by this section. Unless
126-27 superseded by federal law, total administrative costs for local
127-1 workforce training and services may not exceed 15 percent of the
127-2 funds allocated under this subsection, whether the training and
127-3 services are provided through a local workforce development board
127-4 or through the commission or other entity specified under
127-5 Subsection (e).
127-6 (g) Block grant funding under this section does not apply
127-7 to:
127-8 (1) the work and family policies program under Chapter
127-9 81;
127-10 (2) a program under the skills development fund
127-11 created under Chapter 303;
127-12 (3) the job counseling program for displaced
127-13 homemakers under Chapter 304;
127-14 (4) the Communities in Schools program under Chapter
127-15 305;
127-16 (5) the reintegration of offenders program under
127-17 Chapter 306;
127-18 (6) apprenticeship programs under Chapter 33,
127-19 Education Code;
127-20 (7) the inmate employment counseling program under
127-21 Section 499.051(f), Government Code;
127-22 (8) the continuity of care program under Section
127-23 501.095, Government Code;
127-24 (9) employment programs under Chapter 31, Human
127-25 Resources Code;
127-26 (10) the senior citizens employment program under
127-27 Chapter 101, Human Resources Code;
128-1 (11) the programs described by Section 302.021(b)(3);
128-2 (12) the community service program under the National
128-3 and Community Service Act of 1990 (42 U.S.C. Section 12501 et
128-4 seq.);
128-5 (13) the trade adjustment assistance program under
128-6 Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
128-7 seq.);
128-8 (14) the programs to enhance the employment
128-9 opportunities of veterans; and
128-10 (15) the functions of the State Occupational
128-11 Information Coordinating Committee.
128-12 Sec. 302.063. WAIVERS. The commission shall develop
128-13 objective criteria for the granting of waivers allowed under this
128-14 chapter.
128-15 CHAPTER 303. SKILLS DEVELOPMENT FUND
128-16 Sec. 303.001. PURPOSE; DEFINITION. (a) The purpose of this
128-17 chapter is to remove administrative barriers that impede the
128-18 response of public community and technical colleges to industry and
128-19 workforce training needs and to develop incentives for public
128-20 community and technical colleges to provide customized assessment
128-21 and training in a timely and efficient manner.
128-22 (b) For purposes of this chapter, "assessment" means the
128-23 evaluation of an employer's workforce needs and requirements.
128-24 Sec. 303.002. WAIVER. (a) The commission may review and
128-25 recommend to the legislature the waiver of any requirements set
128-26 forth in Title 3, Education Code, as they may apply to public
128-27 community and technical colleges, that impede the ability of such a
129-1 college to develop in a timely manner customized training for
129-2 demand occupations in particular industries, including statutes or
129-3 regulations limiting costs that may be recovered by a public
129-4 community or technical college from state funds.
129-5 (b) A public community or technical college may recover
129-6 customized assessment and training costs incurred by the college
129-7 if:
129-8 (1) there is an actual or projected labor shortage in
129-9 the occupation in which training is provided that is not being met
129-10 by an existing institution or program in the area; and
129-11 (2) the wages at the time of job placement for
129-12 individuals who successfully complete customized training at the
129-13 public community or technical college are equal to the prevailing
129-14 wage for that occupation in the local labor market area.
129-15 Sec. 303.003. SKILLS DEVELOPMENT FUND. (a) To achieve the
129-16 purposes of this chapter, the skills development fund is created
129-17 from money in the general revenue fund.
129-18 (b) The skills development fund may be used by public
129-19 community and technical colleges as start-up or emergency funds for
129-20 the following job-training purposes:
129-21 (1) developing customized training programs for
129-22 businesses and trade unions; and
129-23 (2) sponsoring small and medium-sized business
129-24 networks and consortiums.
129-25 (c) Money from the skills development fund may not be used
129-26 to pay the training costs and other related costs of an employer
129-27 who relocates the employer's worksite from one location in this
130-1 state to another in-state location.
130-2 (d) The executive director, or a person appointed by the
130-3 executive director who is knowledgeable in the administration of
130-4 grants, is responsible for the distribution of money from the
130-5 skills development fund.
130-6 (e) It is the intent of the legislature that, to the
130-7 greatest extent practicable, money from the skills development fund
130-8 shall be spent in all areas of this state.
130-9 Sec. 303.004. FUND REVIEW. The Texas Higher Education
130-10 Coordinating Board shall review all customized training programs
130-11 biennially to verify that state funds are being used appropriately
130-12 by public community and technical colleges under this chapter.
130-13 SECTION 11.04. Chapter 302, Labor Code, is redesignated as
130-14 Chapter 304, Labor Code, and amended to read as follows:
130-15 CHAPTER 304 <302>. EMPLOYMENT
130-16 COUNSELING FOR DISPLACED HOMEMAKERS
130-17 Sec. 304.001. DEFINITION <302.001. DEFINITIONS>. In this
130-18 chapter, "displaced<:>
130-19 <(1) "Commission" means the Texas Employment
130-20 Commission.>
130-21 <(2) "Displaced> homemaker" means a person who:
130-22 (1) <(A)> has worked without pay as a homemaker for
130-23 the person's family;
130-24 (2) <(B)> is not gainfully employed;
130-25 (3) <(C)> has had, or would have, difficulty in
130-26 obtaining employment; and
130-27 (4) <(D)> has depended on:
131-1 (A) <(i)> the income of a family member for
131-2 financial support and has lost that income; or
131-3 (B) <(ii)> government assistance as the parent
131-4 of dependent children and is no longer eligible for that
131-5 assistance.
131-6 Sec. 304.002 <302.002>. JOB COUNSELING PROGRAM. (a) The
131-7 commission, through a special assistance job counseling program,
131-8 shall:
131-9 (1) provide counseling for displaced homemakers;
131-10 (2) assist displaced homemakers in obtaining training
131-11 and education; and
131-12 (3) place displaced homemakers in suitable employment.
131-13 (b) The counseling must:
131-14 (1) consider and build on the skills and experiences
131-15 of the homemaker; and
131-16 (2) prepare the person, through employment counseling,
131-17 to reenter the paid work force and develop and improve job skills.
131-18 (c) The commission shall design the program specifically for
131-19 persons reentering the paid work force after a number of years as
131-20 homemakers to enable them to assume or resume a valuable role in
131-21 the paid work force commensurate with the homemakers' talents and
131-22 abilities.
131-23 (d) The commission may not charge a fee for participation in
131-24 the program by a displaced homemaker.
131-25 Sec. 304.003 <302.003>. PERSONNEL; OFFICE. The commission
131-26 shall use its personnel, services, facilities, and equipment to
131-27 operate the job counseling program.
132-1 Sec. 304.004 <302.004>. COOPERATION BY STATE AGENCIES AND
132-2 POLITICAL SUBDIVISIONS. State agencies and political subdivisions
132-3 of the state shall cooperate with the commission in obtaining
132-4 suitable employment for displaced homemakers counseled by the
132-5 commission.
132-6 SECTION 11.05. Chapter 216, Labor Code, is moved from
132-7 Subtitle A, Title 4, Labor Code, to Subtitle B of that title,
132-8 redesignated as Chapter 305, Labor Code, and amended to read as
132-9 follows:
132-10 CHAPTER 305 <216>. COMMUNITIES IN SCHOOLS PROGRAM
132-11 SUBCHAPTER A. GENERAL PROVISIONS
132-12 Sec. 305.001 <216.001>. DEFINITIONS. In this chapter:
132-13 (1) "Agency" means the Central Education Agency.
132-14 (2) "Communities in Schools program" means an
132-15 exemplary youth dropout prevention program.
132-16 Sec. 305.002 <216.002>. STATEWIDE OPERATION OF PROGRAM. It
132-17 is the intent of the legislature that the Communities in Schools
132-18 program operate throughout this state.
132-19 (Sections 305.003-305.010 <216.003-216.010>
132-20 reserved for expansion)
132-21 SUBCHAPTER B. OPERATION OF PROGRAM
132-22 Sec. 305.011 <216.011>. STATE COORDINATOR. The executive
132-23 director <administrator of the commission> shall appoint a state
132-24 coordinator for the Communities in Schools program.
132-25 Sec. 305.012 <216.012>. DUTIES OF STATE COORDINATOR. The
132-26 state coordinator shall:
132-27 (1) coordinate the efforts of social service
133-1 organizations and agencies and of public school personnel to
133-2 provide services to students who are at risk of dropping out of
133-3 school or engaging in delinquent conduct;
133-4 (2) set standards for the Communities in Schools
133-5 program;
133-6 (3) obtain information from each participating school
133-7 district to determine necessary program changes;
133-8 (4) promote and market the program in communities in
133-9 which the program is not established;
133-10 (5) help communities that want to participate in the
133-11 program establish a local funding base; and
133-12 (6) train a program director for each participating
133-13 community.
133-14 Sec. 305.013 <216.013>. AGENCY COOPERATION; MEMORANDUM OF
133-15 UNDERSTANDING. (a) The agency and the commission shall work
133-16 together to maximize the effectiveness of the Communities in
133-17 Schools program.
133-18 (b) The agency and the commission shall develop and mutually
133-19 agree to a memorandum of understanding to clearly define the
133-20 responsibilities of each agency under this chapter. The memorandum
133-21 must address:
133-22 (1) the role of the commission in encouraging local
133-23 business to participate in local Communities in Schools programs;
133-24 (2) the role of the agency in obtaining information
133-25 from participating school districts;
133-26 (3) the use of federal or state funds available to the
133-27 agency or the commission for programs of this nature; and
134-1 (4) other areas identified by the agency and the
134-2 commission that require clarification.
134-3 (c) The agency and the commission shall adopt rules to
134-4 implement the memorandum and shall update the memorandum and rules
134-5 annually.
134-6 (Sections 305.014-305.020 <216.014-216.020>
134-7 reserved for expansion)
134-8 SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS
134-9 Sec. 305.021 <216.021>. DESIGNATION OF PARTICIPATING
134-10 SCHOOLS. (a) The state coordinator, in cooperation with the
134-11 program directors in the counties or cities in which a Communities
134-12 in Schools program is located <was established on September 1,
134-13 1991>, shall designate for participation <not more than 32
134-14 elementary schools and 76 secondary schools in those counties to
134-15 participate> in the program in the first year of the 1996-97 state
134-16 fiscal biennium the campuses that were participating in the program
134-17 as of August 31, 1995, for continuation in the program, and
134-18 additional campuses if the coordinator determines that funding is
134-19 available for participation in the program by additional campuses.
134-20 This subsection expires August 31, 1996.
134-21 (b) To determine participation in the second year of the
134-22 1996-97 state fiscal biennium and subsequently, the <The> state
134-23 coordinator<, in cooperation with the program directors in four
134-24 additional counties designated by the state coordinator,> shall
134-25 implement a formula for the funding of Communities in Schools
134-26 campuses that reduces, over a five-year period beginning September
134-27 1, 1996, the funds annually contributed by the state to an amount
135-1 not less than 50 percent of the amount contributed by the state for
135-2 funding of the program in the first year of the 1996-97 state
135-3 fiscal biennium <designate additional elementary and secondary
135-4 schools to participate in the Communities in Schools program>. The
135-5 formula must consider the financial resources of individual
135-6 communities and school districts. Savings accomplished through the
135-7 implementation of the formula may be used to extend participation
135-8 in the program to additional campuses in counties or cities that
135-9 are participating in the program and to campuses in counties and
135-10 cities that have not previously participated in the program.
135-11 (c) Each local Communities in Schools program shall develop
135-12 a five-year funding plan for campuses located in the county or city
135-13 that participate in the program under which levels of service to
135-14 those campuses are maintained as the proportion of state funding is
135-15 reduced <The designation of secondary schools to participate in the
135-16 Communities in Schools program must be distributed among high
135-17 schools and junior high or middle schools>.
135-18 (d) A Communities in Schools program may accept federal
135-19 funds, state funds, private contributions, grants, and public and
135-20 school district funds to support a campus participating in the
135-21 program.
135-22 Sec. 305.022 <216.022>. PARTICIPATION IN PROGRAM. An
135-23 elementary or secondary school designated under Section 305.021
135-24 <216.021> shall participate in the Communities in Schools program
135-25 if the number of students enrolled in the school who are at risk of
135-26 dropping out of school is equal to at least 10 percent of the
135-27 number of students in average daily attendance at the school, as
136-1 determined by the agency.
136-2 (Sections 305.023-305.030 <216.023-216.030>
136-3 reserved for expansion)
136-4 SUBCHAPTER D. PROGRAM FUNDING
136-5 Sec. 305.031 <216.031>. DONATIONS TO PROGRAM. (a) The
136-6 commission may accept a donation of services or money or other
136-7 property that the commission determines furthers the lawful
136-8 objectives of the commission in connection with the Communities in
136-9 Schools program.
136-10 (b) Donations must be accepted in an open meeting by a
136-11 majority of the voting members of the commission. The donation,
136-12 with the name of the donor and the purpose of the donation, must be
136-13 reported in the public records of the commission.
136-14 SECTION 11.06. Chapter 217, Labor Code, is moved from
136-15 Subtitle A, Title 4, Labor Code, to Subtitle B of that title,
136-16 redesignated as Chapter 306, Labor Code, and amended to read as
136-17 follows:
136-18 CHAPTER 306 <217>. PROJECT RIO (REINTEGRATION OF OFFENDERS)
136-19 Sec. 306.001 <217.001>. DEFINITIONS. In this chapter:
136-20 (1) "Department" means the Texas Department of
136-21 Criminal Justice.
136-22 (2) "Institutional division" means the institutional
136-23 division of the department.
136-24 (3) "Project RIO" means the project for reintegration
136-25 of offenders.
136-26 Sec. 306.002 <217.002>. PROJECT RIO. The project for
136-27 reintegration of offenders is a statewide employment referral
137-1 program designed to reintegrate into the labor force persons
137-2 formerly confined in the institutional division.
137-3 Sec. 306.003 <217.003>. ADMINISTRATION. The department and
137-4 the commission shall cooperate to maximize the effectiveness of
137-5 Project RIO. For that purpose, the commission shall administer the
137-6 project.
137-7 Sec. 306.004 <217.004>. MEMORANDUM OF UNDERSTANDING--
137-8 ADOPTION. (a) The department and the commission shall adopt a
137-9 memorandum of understanding that establishes the respective
137-10 responsibilities of each agency and of the divisions within the
137-11 department.
137-12 (b) The commission shall coordinate the development of the
137-13 memorandum of understanding. The department shall adopt rules as
137-14 necessary to implement the memorandum and may amend the memorandum
137-15 and those rules as necessary.
137-16 Sec. 306.005 <217.005>. MEMORANDUM OF UNDERSTANDING--
137-17 CONTENTS. <(a)> The memorandum of understanding must establish
137-18 the role of:
137-19 (1) the institutional division in ascertaining and
137-20 encouraging an inmate's chances for employment by:
137-21 (A) providing vocational and educational
137-22 assessment for the person while incarcerated in the division;
137-23 (B) developing a skills enhancement program for
137-24 the person while incarcerated, in cooperation with other
137-25 governmental, educational, and private entities, using available
137-26 public or private financial resources authorized by statute; and
137-27 (C) referring the person on release to the
138-1 project through the person's parole officer;
138-2 (2) the community justice assistance division and the
138-3 pardons and paroles division of the department in:
138-4 (A) encouraging and referring persons to the
138-5 project; and
138-6 (B) ensuring that those persons participate in
138-7 the project and avail themselves of its services; and
138-8 (3) the commission in developing and maintaining a
138-9 statewide network for finding positions of employment that require
138-10 the skills possessed by project participants and in helping those
138-11 participants to secure employment.
138-12 <(b) The memorandum also must establish the methods by which
138-13 the commission shall coordinate its efforts under this chapter with
138-14 the operations of service providers operating under Chapter 301
138-15 (Texas Job-Training Partnership Act).>
138-16 Sec. 306.006 <217.006>. PROJECT DIRECTOR. (a) The
138-17 executive director <administrator of the commission> shall
138-18 designate the director of Project RIO to coordinate the efforts of
138-19 the affected state agencies and expedite the delivery of services
138-20 to participants in the project, including prospective employers.
138-21 (b) The project director shall:
138-22 (1) propose, for adoption by the commission, standards
138-23 and guidelines for the operation of the project;
138-24 (2) obtain information from appropriate state agencies
138-25 and offices affiliated with the project to determine any necessary
138-26 changes in the project;
138-27 (3) disseminate information statewide about the
139-1 project; and
139-2 (4) train commission staff to assist in the operation
139-3 of affiliated services.
139-4 SECTION 11.07. Subchapter F, Chapter 202, Labor Code, is
139-5 moved from Chapter 202, Labor Code, to Subtitle B, Title 4, Labor
139-6 Code, redesignated as Chapter 307, and amended to read as follows:
139-7 CHAPTER 307. <SUBCHAPTER F.> EMPLOYMENT SERVICE
139-8 Sec. 307.001 <202.081>. <TEXAS STATE> EMPLOYMENT SERVICE.
139-9 <(a)> The commission <Texas State Employment Service> is <a
139-10 division of> the agency of this state designated to cooperate with
139-11 the United States Employment Service <commission.>
139-12 <(b) The commission, through the division, shall establish
139-13 and maintain free public employment offices> as necessary to
139-14 perform the <commission's> duties of this state under the
139-15 Wagner-Peyser Act (29 U.S.C. Section 49 et seq.) required to
139-16 establish and maintain free<. The number and locations of the>
139-17 public employment offices <shall be determined by the commission as
139-18 necessary for the proper administration of this subtitle>.
139-19 Sec. 307.002 <202.082>. EMPLOYMENT SERVICES AGREEMENTS. (a)
139-20 To ensure the establishment and maintenance of <establish and
139-21 maintain> public employment offices under this chapter
139-22 <subchapter>, the executive director <commission> may enter into an
139-23 agreement with any political subdivision of the state or with a
139-24 private or nonprofit organization, including a local workforce
139-25 development board, and, as a part of the agreement, accept money,
139-26 services, or quarters as a contribution to the employment service
139-27 account.
140-1 (b) Except as provided by Subsection (c), to <To> establish
140-2 and maintain, or assist in the establishment and maintenance of,
140-3 public employment offices within a county or other political
140-4 subdivision of this state, the commissioners court of the county or
140-5 the governing body of the other political subdivision may enter
140-6 into agreements with the employment service <Texas State Employment
140-7 Service> on terms and conditions agreed to by the commissioners
140-8 court or other governing body and the employment service <Texas
140-9 State Employment Service>. The county or other political
140-10 subdivision may employ means and appropriate and spend funds as
140-11 necessary to establish and operate the public employment offices,
140-12 and may provide, as part of the agreement, payment for:
140-13 (1) the rent of premises;
140-14 (2) services rendered;
140-15 (3) the purchase of equipment; and
140-16 (4) any other purpose considered advisable by the
140-17 commissioners court or other governing body.
140-18 (c) In an area in which a local workforce development board
140-19 has been certified and a local plan approved by the governor, that
140-20 board shall provide employment services in its local workforce
140-21 development area, and a person employed by the commission to
140-22 provide employment services on the day before the approved local
140-23 plan takes effect shall be given preference in employment at a
140-24 career development center administered by that board <The penalty
140-25 provisions of this subtitle, including the provisions of Chapters
140-26 213 and 214, do not apply to an action or omission under Subsection
140-27 (b)>.
141-1 <Sections 202.083-202.090 reserved for expansion>
141-2 SECTION 11.08. Section 203.153, Labor Code, is moved from
141-3 Chapter 203, Labor Code, to Subtitle B, Title 4, Labor Code,
141-4 redesignated as Section 307.003, and amended to read as follows:
141-5 Sec. 307.003 <203.153>. EMPLOYMENT SERVICE FINANCING. Money
141-6 received by the state under the Wagner-Peyser Act (29 U.S.C.
141-7 Section 49 et seq.) shall be deposited to the credit of the
141-8 employment service account in the general revenue <of the
141-9 administration> fund. The money in the account may be used by the
141-10 commission as provided by this chapter <Subchapter F of Chapter
141-11 202> and the Wagner-Peyser Act.
141-12 SECTION 11.09. Section 209.001, Labor Code, is amended by
141-13 adding Subdivision (6) to read as follows:
141-14 (6) "Employment service" has the meaning assigned by
141-15 Section 301.001.
141-16 SECTION 11.10. Section 1.03, Workforce and Economic
141-17 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
141-18 Statutes), is amended to read as follows:
141-19 Sec. 1.03. Application of Sunset Act. The Council on
141-20 Workforce and Economic Competitiveness is subject to Chapter 325,
141-21 Government Code (Texas Sunset Act). Unless continued in existence
141-22 as provided by that chapter, the council is abolished September 1,
141-23 1999 <2001>.
141-24 SECTION 11.11. Section 1.04, Workforce and Economic
141-25 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
141-26 Statutes), is amended to read as follows:
141-27 Sec. 1.04. DEFINITIONS. In this Act:
142-1 (1) "Council" means the Council on Workforce and
142-2 Economic Competitiveness.
142-3 (2) "Division" means the division of workforce
142-4 development of the Texas Workforce Commission.
142-5 (3) "Human resource investment council" means a human
142-6 resource investment council under the Job Training Reform
142-7 Amendments Act of 1992 (Pub. L. No. 102-367, Section 701 et
142-8 seq.).
142-9 (4) "Local labor market" means an economically
142-10 integrated geographical area within which individuals may reside
142-11 and find employment within a reasonable distance.
142-12 (5) <(3)> "Program year" means July 1 to June 30.
142-13 (6) <(4)> "Workforce development" includes workforce
142-14 education programs and workforce training and services.
142-15 (7) <(5)> "Workforce education" means articulated
142-16 career-path programs and the constituent courses of those programs
142-17 that lead to initial or continuing licensure or certification or
142-18 associate degree-level accreditation and that:
142-19 (A) are subject to:
142-20 (i) <(A)> initial and ongoing state
142-21 approval or regional or specialized accreditation;
142-22 (ii) <(B)> a formal state evaluation that
142-23 provides the basis for program continuation or termination;
142-24 (iii) <(C)> state accountability and
142-25 performance standards; and
142-26 (iv) <(D)> regional or statewide
142-27 employer-driven labor market demand documentation; or
143-1 (B) are subject to approval by the Texas Higher
143-2 Education Coordinating Board as adult vocational or continuing
143-3 education courses.
143-4 (8) <(6)> "Workforce training and services" means
143-5 training and services programs that are not included within the
143-6 definition of workforce education.
143-7 SECTION 11.12. Section 2.01, Workforce and Economic
143-8 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
143-9 Statutes), is amended to read as follows:
143-10 Sec. 2.01. CREATION OF COUNCIL. (a) The Council on
143-11 Workforce and Economic Competitiveness is created <as a state
143-12 agency> to act as a human resources investment council.
143-13 (b) The council is attached for administrative purposes to
143-14 the office of the governor.
143-15 SECTION 11.13. Section 2.02(b), Workforce and Economic
143-16 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
143-17 Statutes), is amended to read as follows:
143-18 (b) The council shall be composed of:
143-19 (1) three <the following ex officio voting members:>
143-20 <(A) the commissioner of education;>
143-21 <(B) the commissioner of higher education;>
143-22 <(C) the commissioner of health and human
143-23 services;>
143-24 <(D) the executive director of the Texas
143-25 Department of Commerce; and>
143-26 <(E) the administrator of the Texas Employment
143-27 Commission;>
144-1 <(2) six> voting members appointed by the governor who
144-2 represent education, <at least> one of whom represents local public
144-3 education, one of whom represents public postsecondary education,
144-4 <one of whom represents secondary vocational education,> and one of
144-5 whom represents <postsecondary> vocational education;
144-6 (2) five <(3) seven> voting members who represent
144-7 organized labor appointed by the governor based on recommendations
144-8 made by recognized labor organizations;
144-9 (3) five <(4) seven> voting members appointed by the
144-10 governor who represent business and industry, including business
144-11 members serving on local workforce development boards or private
144-12 industry councils;
144-13 (4) two <(5) one> voting members <member> appointed
144-14 by the governor who represent <represents a> community-based
144-15 organizations and who are not providers of services <organization>;
144-16 and
144-17 (5) <(6) one voting member appointed by the governor
144-18 who represents a joint-sponsored apprenticeship program as defined
144-19 by the United States Department of Labor's Bureau of Apprenticeship
144-20 and Training appointed from a list of three nominees submitted to
144-21 the governor by the Apprenticeship and Training Association of
144-22 Texas;>
144-23 <(7) one voting member appointed by the governor who
144-24 represents a community-based adult literacy organization;>
144-25 <(8) one voting member appointed by the governor who
144-26 represents adult basic and continuing education programs;>
144-27 <(9) six voting members appointed by the governor each
145-1 of whom represents not more than one of the following categories:>
145-2 <(A) literacy groups;>
145-3 <(B) local welfare or public housing agencies;>
145-4 <(C) units of local government;>
145-5 <(D) adult education organizations;>
145-6 <(E) teachers or counselors;>
145-7 <(F) local service delivery organizations;>
145-8 <(G) special needs populations;>
145-9 <(H) rural and agricultural organizations;>
145-10 <(I) proprietary schools;>
145-11 <(J) members of the state legislature; and>
145-12 <(K) other groups and organizations; and>
145-13 <(10)> the following ex officio voting <nonvoting>
145-14 members:
145-15 (A) the chair of the State Board of Education;
145-16 (B) the chair of the Texas Higher Education
145-17 Coordinating Board;
145-18 (C) the presiding officer of the Texas Board of
145-19 Human Services;
145-20 (D) the presiding officer of the policy advisory
145-21 <governing> board of the Texas Department of Commerce; and
145-22 (E) the chair of the Texas Workforce
145-23 <Employment> Commission<;>
145-24 <(F) the commissioner of the Texas
145-25 Rehabilitation Commission; and>
145-26 <(G) the executive director of the Texas
145-27 Commission for the Blind>.
146-1 SECTION 11.14. Section 2.06(a), Workforce and Economic
146-2 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
146-3 Statutes), is amended to read as follows:
146-4 (a) The council shall:
146-5 (1) promote the development of a well-educated, highly
146-6 skilled workforce in this state <through literacy, adult basic
146-7 education, community education, apprenticeship, and
146-8 state-of-the-art occupational skills education and training
146-9 programs>;
146-10 (2) <serve as an> advocate <for> the development of an
146-11 integrated workforce development system to provide quality services
146-12 addressing the needs of business and workers in this state;
146-13 (3) <promote and assist in the development of an
146-14 industry-based skills standards and certification system for
146-15 occupations requiring less than a baccalaureate-level education and
146-16 training;>
146-17 <(4) promote the development of high productivity
146-18 workplaces in this state;>
146-19 <(5) recommend to the governor the components of a
146-20 school and training-to-work transition process;>
146-21 <(6)> develop and recommend to the governor a single
146-22 strategic plan that establishes the framework for the budgeting and
146-23 operation of all workforce development programs, including school
146-24 to work transition programs, administered by agencies represented
146-25 on the council;
146-26 (4) <(7)> recommend to the governor the designation or
146-27 redesignation of workforce development areas for the local planning
147-1 and delivery of workforce development programs;
147-2 (5) <(8)> identify and recommend to the governor
147-3 incentives to encourage the consolidation, on a regional labor
147-4 market basis, of:
147-5 (A) local boards, councils, and committees; and
147-6 (B) service delivery areas authorized under the
147-7 Job Training Partnership Act (29 U.S.C. Section 1501 et seq.);
147-8 (6) <(9) design and implement a state-local planning
147-9 process for the state's workforce training and services programs;>
147-10 <(10)> review local workforce training and services
147-11 plans and make recommendations to the governor for approval;
147-12 (7) evaluate <(11) implement a statewide system for
147-13 evaluating> the effectiveness of all workforce development programs
147-14 using the administrative records of the state's unemployment
147-15 compensation program and other sources as appropriate;
147-16 (8) <(12)> support research and demonstration projects
147-17 designed to develop new programs and approaches to service
147-18 delivery;
147-19 (9) recommend measures to <(13) provide for training
147-20 and professional development for council members, local chief
147-21 elected officials, workforce development boards and staff, and
147-22 private industry councils and staff;>
147-23 <(14) serve as an advocate at the state and federal
147-24 levels for the local workforce development boards;>
147-25 <(15) establish and operate a comprehensive labor
147-26 market information system that serves employers, students, workers,
147-27 and state and local planning organizations;>
148-1 <(16)> ensure that occupational skills training is
148-2 provided in occupations that are currently in demand at the local
148-3 level and is directed toward high-skill and high-wage jobs;
148-4 (10) monitor <(17) develop and recommend to the
148-5 governor and legislature not later than November 15, 1994, a plan
148-6 for consolidating all workforce development programs in this state;>
148-7 <(18) oversee> the operation of the state's workforce
148-8 development programs to assess the degree to which the programs are
148-9 effective in achieving state and local goals and objectives;
148-10 (11) <(19)> develop and recommend to the governor
148-11 criteria for the establishment of local workforce development
148-12 boards; and
148-13 (12) <(20) develop objective criteria for granting
148-14 waivers allowed under this Act;>
148-15 <(21) develop and recommend to the governor a plan to
148-16 ensure client accessibility to workforce programs that includes a
148-17 uniform statewide client application system for determining an
148-18 applicant's eligibility for a workforce program for which state or
148-19 federal financial assistance is available; and>
148-20 <(22)> carry out the federal and state mandated duties
148-21 and responsibilities for all advisory councils under applicable
148-22 federal and state workforce development programs.
148-23 SECTION 11.15. Section 2.09(d), Workforce and Economic
148-24 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
148-25 Statutes), is amended to read as follows:
148-26 (d) At least annually, the council shall issue an
148-27 occupation-specific analysis by provider of the job placement
149-1 performance of each workforce education program for the previous
149-2 one-year, three-year, and five-year periods to:
149-3 (1) each provider of a workforce education program or
149-4 workforce training and services program;
149-5 (2) the Texas Higher Education Coordinating Board for
149-6 each provider of a workforce education program approved and
149-7 administered by the board; <and>
149-8 (3) each local workforce development board for each
149-9 provider of workforce training and services within the workforce
149-10 development area; and
149-11 (4) the division of workforce development of the Texas
149-12 Workforce Commission.
149-13 SECTION 11.16. Section 2.10, Workforce and Economic
149-14 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
149-15 Statutes), is amended to read as follows:
149-16 Sec. 2.10. SUBCOMMITTEES; TECHNICAL ADVISORY COMMITTEES.
149-17 (a) The presiding officer of the council may appoint subcommittees
149-18 consisting of members of the council for any purpose consistent
149-19 with the duties and responsibilities of the council under this Act.
149-20 (b) The presiding officer of the council may appoint <other>
149-21 technical advisory committees composed of council members or
149-22 persons who are not council members, or both members and
149-23 nonmembers.
149-24 SECTION 11.17. Section 2.11, Workforce and Economic
149-25 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
149-26 Statutes), is amended to read as follows:
149-27 Sec. 2.11. DISSOLUTION OF STATE ADVISORY COUNCILS AND
150-1 TRANSFER OF <STATE ADVISORY COUNCIL> RESPONSIBILITIES. (a) The
150-2 council shall assume the responsibilities assigned to the state
150-3 advisory council under the following federal laws:
150-4 (1) the Job Training Partnership Act (29 U.S.C.
150-5 Section 1501 et seq.);
150-6 (2) the Carl D. Perkins Vocational and Applied
150-7 Technology Education Act (20 U.S.C. Section 2301 et seq.);
150-8 (3) the National and Community Service Act of 1990 (42
150-9 U.S.C. Section 12501 et seq.);
150-10 (4) the Adult Education Act (20 U.S.C. Section 1201 et
150-11 seq.);
150-12 (5) the Wagner-Peyser Act (29 U.S.C. Section 49 et
150-13 seq.);
150-14 (6) Part F, Subchapter IV, Social Security Act (42
150-15 U.S.C. Section 681 et seq.);
150-16 (7) the employment program established under Section
150-17 6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)); and
150-18 (8) the National Literacy Act of 1991 (Pub. L. 102-73
150-19 et seq.).
150-20 (b) The following state advisory councils, boards, and
150-21 committees are dissolved and the council shall assume the
150-22 responsibilities formerly exercised by the following state advisory
150-23 councils, boards, and committees:
150-24 (1) the State Job Training Coordinating Council;
150-25 (2) the Texas Council on Vocational Education;
150-26 (3) <the technical advisory committee to the State
150-27 Occupational Information Coordinating Council;>
151-1 <(4)> the Texas Literacy Council; and
151-2 (4) <(5)> the Apprenticeship and Training Advisory
151-3 Committee.
151-4 SECTION 11.18. Section 2.12, Workforce and Economic
151-5 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
151-6 Statutes), is amended to read as follows:
151-7 Sec. 2.12. FISCAL AGENT. The office of the governor shall
151-8 <council may designate another state agency to> serve as the
151-9 council's fiscal agent <if the designated agent agrees to the
151-10 designation>.
151-11 SECTION 11.19. Section 2.13(c), Workforce and Economic
151-12 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
151-13 Statutes), is amended to read as follows:
151-14 (c) The executive director shall <may> adopt the
151-15 administrative and personnel procedures of the council's fiscal
151-16 agent rather than adopting new procedures for the council.
151-17 SECTION 11.20. Section 2.17(d), Workforce and Economic
151-18 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
151-19 Statutes), is amended to read as follows:
151-20 (d) State agencies that are responsible for the
151-21 administration of human resources and workforce development
151-22 programs in this state shall implement the recommendations if the
151-23 recommendations do not violate an existing federal or state law<,
151-24 regulation, or rule>.
151-25 SECTION 11.21. Section 2.18, Workforce and Economic
151-26 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
151-27 Statutes), is amended to read as follows:
152-1 Sec. 2.18. FUNDING. (a) Federal funding for the operation
152-2 of the council shall be allocated according to federal
152-3 requirements.
152-4 (b) <The council shall develop a budget to carry out the
152-5 council's duties and responsibilities under this Act. The budget
152-6 must be submitted to the governor and the Legislative Budget Board
152-7 for approval. The budget shall identify funds appropriated for the
152-8 biennium ending August 31, 1995, for planning and evaluation of a
152-9 workforce development program administered by an agency represented
152-10 on the council and shall recommend the transfer of those funds to
152-11 the functions being assumed by the council.>
152-12 <(c)> A state agency represented on the council shall
152-13 provide funds for the support of the council in proportion to the
152-14 agency's financial participation in the workforce development
152-15 system.
152-16 SECTION 11.22. Section 4.01, Workforce and Economic
152-17 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
152-18 Statutes), is amended to read as follows:
152-19 Sec. 4.01. CREATION OF LOCAL WORKFORCE DEVELOPMENT BOARDS.
152-20 (a) The chief elected officials in a workforce development area
152-21 designated by the governor under Section 3.01 of this Act may form,
152-22 in accordance with rules established by the Texas Workforce
152-23 Commission <council>, a local workforce development board to plan
152-24 and oversee the delivery of all workforce training and services
152-25 programs and evaluate all workforce development programs in the
152-26 workforce development area. The authority granted under this
152-27 subsection does not give a local workforce development board any
153-1 direct authority or control over workforce funds and programs in
153-2 its workforce development area, other than programs funded through
153-3 that board.
153-4 (b) Before a local workforce development board may be
153-5 created, at least three-fourths of the chief elected officials in
153-6 the workforce development area who represent units of general local
153-7 government must agree to the creation of the board, including all
153-8 of the chief elected officials who represent units of general local
153-9 government having populations of at least 200,000. The elected
153-10 officials agreeing to the creation of the board must represent at
153-11 least 75 percent of the population of the workforce development
153-12 area.
153-13 (c) On agreement regarding the formation of a local
153-14 workforce development board, the chief elected officials shall
153-15 reduce the agreement to writing. The local government agreement
153-16 shall include:
153-17 (1) the purpose for the agreement;
153-18 (2) the process that will be used to select the chief
153-19 elected official who will act on behalf of the other chief elected
153-20 officials;
153-21 (3) the process that will be followed to keep those
153-22 chief elected officials informed regarding local workforce
153-23 development activities;
153-24 (4) the initial size of the local workforce
153-25 development board;
153-26 (5) how resources allocated to the local workforce
153-27 development area will be shared among the parties to the agreement;
154-1 (6) <(4)> the process to be used to appoint the board
154-2 members, which must be consistent with applicable federal and state
154-3 laws; and
154-4 (7) <(5)> the terms of office of the members of the
154-5 board.
154-6 (d) <(c)> The chief elected officials shall consider the
154-7 views of all affected local organizations, including private
154-8 industry councils and quality workforce planning committees, before
154-9 making a final decision regarding the formation of a local
154-10 workforce development board.
154-11 (e) <(d)> None of the powers and duties granted a workforce
154-12 development board under this Act may be exercised in a workforce
154-13 development area until the chief elected officials in that area
154-14 reach an agreement providing for the establishment of a local
154-15 workforce development board as provided by Subsection (b) of this
154-16 section and the board is certified by the governor.
154-17 (f) <(e)> A private industry council in an area in which a
154-18 local workforce development board is not created or in which the
154-19 chief elective officers are unable to negotiate the establishment
154-20 of a local workforce development board may not exercise any of the
154-21 powers granted a local workforce development board by this Act,
154-22 except for a power granted under the Job Training Partnership Act
154-23 (29 U.S.C. Section 1501 et seq.).
154-24 (g) A member or former member of a local workforce
154-25 development board may not be held personally liable for any claim,
154-26 damage, loss, or repayment obligation of federal or state funds
154-27 that arises from this Act unless the act or omission that causes
155-1 the claim, damage, loss, or repayment obligation constitutes
155-2 official misconduct on the part of the board member, wilful
155-3 disregard of the requirements of this Act on the part of the board
155-4 member, or gross negligence on the part of the board member.
155-5 (h) In a state planning area in which there is more than one
155-6 local workforce development area, the quality workforce planning
155-7 committee of that state planning area shall continue in existence
155-8 to provide labor market information for the entire area until local
155-9 workforce development boards are certified in each workforce
155-10 development area in the state planning area.
155-11 SECTION 11.23. Section 4.04, Workforce and Economic
155-12 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
155-13 Statutes), is amended by amending Subsections (a), (c), and (d) and
155-14 by adding Subsection (f) to read as follows:
155-15 (a) A board is directly responsible and accountable to the
155-16 division <council> for the planning and oversight of all workforce
155-17 training and services and the evaluation of all workforce
155-18 development programs in the workforce development area. A
155-19 workforce development board shall ensure effective outcomes
155-20 consistent with statewide goals, objectives, and performance
155-21 standards approved by the governor. The division <council> shall
155-22 assist workforce development boards in designing effective measures
155-23 to accomplish this responsibility. A board is directly responsible
155-24 to the division for the operational planning and administration of
155-25 all workforce training and services funded through the Texas
155-26 Workforce Commission to the local area.
155-27 (c) A board shall:
156-1 (1) serve as a single point of contact for local
156-2 business to communicate their skill needs and influence the
156-3 direction of all workforce development programs in the workforce
156-4 development area;
156-5 (2) serve as a private industry council under the
156-6 federal Job Training Partnership Act (29 U.S.C. Section 1501 et
156-7 seq.);
156-8 (3) develop a local plan for addressing the workforce
156-9 development needs of the workforce development area that:
156-10 (A) is responsive to the goals, objectives, and
156-11 performance standards established by the governor;
156-12 (B) targets services to meet local needs,
156-13 including the identification of industries and employers likely to
156-14 employ workers who complete job training programs; and
156-15 (C) ensures that the workforce development
156-16 system, including the educational system, has the flexibility to
156-17 meet the needs of local businesses;
156-18 (4) <(3)> designate the board or some other entity as
156-19 the board's fiscal agent to be responsible and accountable for the
156-20 management of all workforce development funds available to the
156-21 board;
156-22 (5) <(4)> create local career <workforce> development
156-23 centers as established in Article 5 of this Act;
156-24 (6) <(5)> review plans for workforce education to
156-25 ensure that the plans address the needs of local businesses and
156-26 recommend changes in the delivery of education services as
156-27 appropriate;
157-1 (7) <(6)> assume the functions and responsibilities of
157-2 local workforce development advisory boards, councils, and
157-3 committees authorized by federal or state laws, including private
157-4 industry councils, quality workforce planning committees, job
157-5 service employer committees, and local general vocational program
157-6 advisory committees;
157-7 (8) <(7)> monitor and evaluate the effectiveness of
157-8 the career <workforce> development centers, state agencies and
157-9 other contractors providing workforce training and services, and
157-10 vocational and technical education programs operated by local
157-11 education agencies and institutions of higher education to ensure
157-12 that performance is consistent with state and local goals and
157-13 objectives; and
157-14 (9) <(8)> promote cooperation and coordination among
157-15 public organizations, community organizations, and private business
157-16 providing workforce development services<; and (9) review
157-17 applications as consistent with rules developed by the Texas
157-18 Department of Commerce for funds under the smart jobs fund program
157-19 under Subchapter J, Chapter 481, Government Code>.
157-20 (d) The board shall ensure that employment services are
157-21 provided for persons seeking employment in the local workforce
157-22 development area. The board shall contract with an appropriate
157-23 entity for the provision of the services, or, if all necessary
157-24 waivers are granted, the board may provide the services directly.
157-25 The board may provide relevant labor market information and
157-26 information regarding the availability of existing workforce
157-27 development programs to the division <department> in performing the
158-1 board's duties under <Subsection (c)(9) of> this section.
158-2 (f) The chief elected officials designated under Section
158-3 4.01(b) of this Act shall enter into a partnership agreement with
158-4 the local workforce development board to select the grant recipient
158-5 and the administrative entity for the local workforce development
158-6 area and to determine procedures for the development of the local
158-7 workforce development plan.
158-8 SECTION 11.24. Section 4.05, Workforce and Economic
158-9 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
158-10 Statutes), is amended to read as follows:
158-11 Sec. 4.05. LOCAL PLAN. (a) A local workforce development
158-12 board shall develop a single plan that includes the components
158-13 specified in this section.
158-14 (b) The plan must include a strategic component that:
158-15 (1) assesses the labor market needs of the local
158-16 workforce development area;
158-17 (2) identifies existing workforce development
158-18 programs;
158-19 (3) evaluates the effectiveness of existing programs
158-20 and services; and
158-21 (4) sets broad goals and objectives for all workforce
158-22 development programs in the local area consistent with statewide
158-23 goals, objectives, and performance standards.
158-24 (c) The plan must include an operational component that
158-25 specifies how all of the resources available to the local workforce
158-26 development area from the Texas Workforce Commission will be used
158-27 to achieve the goals and objectives of the plan for the area. At a
159-1 minimum, this component must establish:
159-2 (1) the goals, objectives, and performance measures to
159-3 be used in overseeing and evaluating the operation of all workforce
159-4 training and services;
159-5 (2) the segments of the population targeted for
159-6 various services;
159-7 (3) the mix of services to be provided and how they
159-8 are to be provided; and
159-9 (4) the structure of the local service delivery
159-10 system.
159-11 (d) Program resources included in the operational component
159-12 are those under <for the delivery of all workforce training and
159-13 services in the board's service area under the following programs>:
159-14 (1) job training programs funded under the <Texas>
159-15 Job-Training Partnership Act (29 U.S.C. Section 1501 et seq.)
159-16 <(Article 4413(52), Vernon's Texas Civil Statutes)>;
159-17 (2) postsecondary vocational and technical job
159-18 training programs that are not part of approved courses or programs
159-19 that lead to licensing, certification, or an associate degree under
159-20 Chapters 61, 108, 130, and 135, and Subchapter E, Chapter 88,
159-21 Education Code;
159-22 (3) adult education programs under Section 11.18,
159-23 Education Code;
159-24 (4) employment services programs <apprenticeship
159-25 programs under Chapter 33, Education Code>;
159-26 (5) <the trade adjustment assistance program under
159-27 Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
160-1 seq.);>
160-2 <(6) the senior citizens employment program under
160-3 Chapter 101, Human Resources Code;>
160-4 <(7) the Texas Unemployment Compensation Act (Article
160-5 5221b-1 et seq., Vernon's Texas Civil Statutes);>
160-6 <(8)> literacy funds available to the state under the
160-7 National Literacy Act of 1991 (Pub. L. 102-73 et seq.);
160-8 (6) <(9) the National and Community Service Act of
160-9 1990 (42 U.S.C. Section 12501 et seq.);>
160-10 <(10)> the job opportunities and basic skills program
160-11 under Part F, Subchapter IV, Social Security Act (42 U.S.C.
160-12 Section 682); and
160-13 (7) <(11)> the food stamp employment and training
160-14 program authorized under 7 U.S.C. Section 2015(d).
160-15 <(b) A local plan shall identify:>
160-16 <(1) goals, objectives, and performance measures;>
160-17 <(2) the population to be served;>
160-18 <(3) the mix of services to be provided;>
160-19 <(4) the service providers; and>
160-20 <(5) the structure of the delivery system.>
160-21 SECTION 11.25. Sections 4.06(a) and (f), Workforce and
160-22 Economic Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
160-23 Statutes), are amended to read as follows:
160-24 (a) A board shall review, verify, modify, and use local
160-25 labor market information developed through the state's <in
160-26 conjunction with the council shall establish and operate an
160-27 automated, interactive employer-driven> labor market information
161-1 system to identify occupation-specific labor demand in each
161-2 workforce development area.
161-3 (f) A public community college shall promptly provide
161-4 workforce training and services that are requested:
161-5 (1) by the workforce development board based on the
161-6 <board's> labor market <demand> information system available for
161-7 the area;
161-8 (2) by employers located in the college's taxing
161-9 district when the request is presented directly to the college by
161-10 the employers or through the workforce development board; or
161-11 (3) as part of an economic development incentive
161-12 package designed to attract or retain an employer, including a
161-13 package offered under the smart jobs fund program under Subchapter
161-14 J, Chapter 481, Government Code.
161-15 SECTION 11.26. Section 4.08(a), Workforce and Economic
161-16 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
161-17 Statutes), is amended to read as follows:
161-18 (a) A board shall establish a budget for the board that must
161-19 be included in the local workforce development plan submitted to
161-20 the division <Council on Workforce and Economic Competitiveness>.
161-21 A board may employ professional, technical, and support staff as
161-22 necessary to carry out its <strategic> planning, oversight, and
161-23 evaluation functions. A board's staff shall be separate from and
161-24 independent of any organization providing workforce education or
161-25 workforce training and services in the workforce development area.
161-26 SECTION 11.27. Article 5, Workforce and Economic
161-27 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
162-1 Statutes), is amended to read as follows:
162-2 ARTICLE 5. LOCAL DELIVERY SYSTEM
162-3 Sec. 5.01. COMPONENTS. The local workforce development
162-4 system is composed of two major components as follows:
162-5 (1) an employer services component that provides labor
162-6 market information and services and other services as appropriate
162-7 to local employers; and
162-8 (2) an integrated service delivery system composed of
162-9 a network of career development centers serving the people of this
162-10 state based on a "one-stop for service" approach and supported by
162-11 electronic access to comprehensive labor market information.
162-12 Sec. 5.02. CAREER <WORKFORCE> DEVELOPMENT CENTERS. (a) A
162-13 local workforce development board shall establish career
162-14 <workforce> development centers accessible to students and <,>
162-15 workers<, and employers> throughout the workforce development area.
162-16 Each center shall provide access to information and services
162-17 available in the workforce development area, including employment
162-18 services, and shall address the individual needs of students and
162-19 <,> workers<, and employers>. The services <available at a center>
162-20 shall be tailored to meet individual needs and shall include the
162-21 following:
162-22 (1) labor market information, including <the skills of
162-23 the area workforce,> available job openings<,> and the education
162-24 and <,> training<, and employment> opportunities in the local area,
162-25 in the state, and as feasible, in the nation;
162-26 (2) a common intake and eligibility determination
162-27 process for all workforce training <development programs> and
163-1 services;
163-2 (3) independent assessment of individual needs and the
163-3 development of an individual service strategy;
163-4 (4) centralized and continuous case management and
163-5 counseling;
163-6 (5) individual referral for services including basic
163-7 education, classroom skills training, on-the-job training, and
163-8 customized training; and
163-9 (6) supportive services, including child care, student
163-10 loans, and other forms of financial assistance required to
163-11 participate in and complete training.
163-12 (b) Except as provided by Subsection (c) of this section, a
163-13 person that provides one-stop services may not also provide
163-14 developmental services, such as basic education and skills
163-15 training.
163-16 (c) The division may develop a waiver process for a person
163-17 subject to Subsection (b) of this section. The request for a
163-18 waiver must include a detailed justification based on the lack of
163-19 an existing qualified alternative for delivery of developmental
163-20 services in the applicable workforce development area.
163-21 (d) The Texas Workforce Commission, in cooperation with
163-22 local workforce development boards, shall provide for the filing of
163-23 unemployment insurance claims through career development centers in
163-24 each local workforce development area.
163-25 Sec. 5.03. <Sec. 5.02.> RIGHT TO KNOW. A local career
163-26 <workforce> development center shall provide each person, before
163-27 the person participates in a vocational or technical training
164-1 program, a written document that informs the person of current
164-2 employment prospects, <and> the current wage level for a person who
164-3 completes the vocational or technical training program in which the
164-4 person is considering participating, and the most recent
164-5 information available on the performance of institutions providing
164-6 that training in the local workforce development area.
164-7 SECTION 11.28. The Workforce and Economic Competitiveness
164-8 Act (Article 5190.7a, Vernon's Texas Civil Statutes) is amended by
164-9 adding Article 7 to read as follows:
164-10 ARTICLE 7. SKILL STANDARDS BOARD
164-11 Sec. 7.01. TEXAS SKILL STANDARDS BOARD. (a) The Texas
164-12 Skill Standards Board is created as an advisory board to the
164-13 governor and the legislature on the development of a statewide
164-14 system of industry-defined and industry-recognized skill standards
164-15 and credentials for all major skilled occupations that:
164-16 (1) provide strong employment and earnings
164-17 opportunities in this state; and
164-18 (2) require less than a baccalaureate degree.
164-19 (b) The board is composed of 11 members appointed by and
164-20 serving at the pleasure of the governor. The board consists of the
164-21 following members:
164-22 (1) seven members representing business, two of whom
164-23 must be from business entities that employ fewer than 50 employees;
164-24 (2) two members representing labor;
164-25 (3) one member representing secondary education; and
164-26 (4) one member representing postsecondary education.
164-27 (c) The governor shall appoint the presiding officer of the
165-1 board from the members representing business.
165-2 (d) The board shall:
165-3 (1) validate nationally established skill standards to
165-4 guide curriculum development, training, assessment, and
165-5 certification of workforce skills;
165-6 (2) convene industry groups to develop skill standards
165-7 and certification procedures for industries and occupations in
165-8 which standards have not been established or adopted;
165-9 (3) review standards developed by other states and
165-10 nations and enter into agreements for mutual recognition of
165-11 credentials to enhance portability of skills; and
165-12 (4) promote the use of standards and credentials among
165-13 employers.
165-14 (e) The board shall meet at the call of the presiding
165-15 officer as often as necessary to accomplish its work.
165-16 (f) A member of the board is not entitled to compensation
165-17 for service on the board but is entitled to reimbursement for
165-18 reasonable expenses incurred in performing board duties, subject to
165-19 any applicable limitation in the General Appropriations Act.
165-20 (g) The council shall provide staff support for the board as
165-21 necessary.
165-22 (h) The board shall report periodically to the governor and
165-23 shall provide annual reports to the governor, the division, and the
165-24 legislature.
165-25 (i) Article 6252-33, Revised Statutes, does not apply to the
165-26 board.
165-27 SECTION 11.29. The following are repealed:
166-1 (1) Section 2.08, Workforce and Economic
166-2 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
166-3 Statutes);
166-4 (2) Section 2.13(e), Workforce and Economic
166-5 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
166-6 Statutes);
166-7 (3) Section 2.14, Workforce and Economic
166-8 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
166-9 Statutes);
166-10 (4) Section 2.16, Workforce and Economic
166-11 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
166-12 Statutes); and
166-13 (5) Section 2.17(f), Workforce and Economic
166-14 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
166-15 Statutes).
166-16 SECTION 11.30. In making appointments to the Council on
166-17 Workforce and Economic Competitiveness, as that council is
166-18 reestablished under Section 2.02(b), Workforce and Economic
166-19 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
166-20 Statutes), as amended by this Act, the governor shall reappoint to
166-21 the council at least seven of the members who served on that
166-22 council in a non-ex officio capacity on the day before the
166-23 effective date of this Act.
166-24 SECTION 11.31. Section 11.18, Education Code, as amended by
166-25 Chapter 463, Acts of the 71st Legislature, Regular Session, 1989,
166-26 is amended to read as follows:
166-27 Sec. 11.18. Adult Education. (a) As used in this section,
167-1 the following words and phrases shall have the indicated meanings:
167-2 (1) "Adult education" means services and instruction
167-3 provided below the college level for adults by public local
167-4 education agencies, public nonprofit agencies, or community-based
167-5 organizations <below the college credit level for adults>.
167-6 (2) "Adult" means any individual who is over the age
167-7 of compulsory school attendance as set forth in Section 21.032 of
167-8 this code.
167-9 (3) "Community-based organization" has the meaning
167-10 assigned by 20 U.S.C. Section 1201a, including any future
167-11 amendments.
167-12 (4) "Community education" means the concept which
167-13 involves the people of the community in a program designed to
167-14 fulfill their educational needs, while promoting more effective use
167-15 of public education facilities and other public facilities for the
167-16 purpose of providing recreational, cultural, and other related
167-17 community services.
167-18 (b) The Texas Workforce Commission <Central Education
167-19 Agency> shall:
167-20 (1) manage this program with adequate staffing to
167-21 develop, administer, and support a comprehensive statewide adult
167-22 education program and coordinate related federal and state programs
167-23 for education and training of adults;
167-24 (2) develop, implement, and regulate a comprehensive
167-25 statewide program for community level education services to meet
167-26 the special needs of adults;
167-27 (3) develop the mechanism and guidelines for
168-1 coordination of comprehensive adult education and related skill
168-2 training services for adults with other agencies, both public and
168-3 private, in planning, developing, and implementing related
168-4 programs, including community education programs;
168-5 (4) administer all state and federal funds for adult
168-6 education and related skill training in Texas, except in programs
168-7 where another entity is specifically authorized to do so under
168-8 other law;
168-9 (5) prescribe and administer standards and accrediting
168-10 policies for adult education;
168-11 (6) prescribe and administer rules and regulations for
168-12 teacher certification for adult education; and
168-13 (7) accept and administer grants, gifts, services, and
168-14 funds from available sources for use in adult education.
168-15 (c) Adult education programs shall be provided by public
168-16 school districts, public junior colleges, <and> public
168-17 universities, public nonprofit agencies, and community-based
168-18 organizations approved in accordance with state statute and the
168-19 regulations and standards adopted by the Texas Workforce Commission
168-20 in conjunction with the State Board of Education. The programs
168-21 shall be designed to meet the education and training needs of
168-22 adults to the extent possible within available public and private
168-23 resources. Bilingual education may be the method of instruction
168-24 for students who do not function satisfactorily in English whenever
168-25 it is appropriate for their optimum development.
168-26 (d) The Texas Workforce Commission <State Board of
168-27 Education> may establish or designate an adult education advisory
169-1 committee composed of no more than 21 members representing public
169-2 and private nonprofit education, business, labor, minority groups,
169-3 and the general public for the purpose of advising the commission
169-4 <board> on needs, priorities, and standards of adult education
169-5 programs conducted in accordance with this section of the Texas
169-6 Education Code.
169-7 (e) Funds shall be appropriated to implement statewide adult
169-8 basic education, adult bilingual education, high school
169-9 equivalency, and high school credit programs to eliminate
169-10 illiteracy in Texas and to implement and support a statewide
169-11 program to meet the total range of adult needs for adult education,
169-12 related skill training, and pilot programs to demonstrate the
169-13 effectiveness of the community education concept. The Texas
169-14 Workforce Commission shall ensure that public local education
169-15 agencies, public nonprofit agencies, and community-based
169-16 organizations have direct and equitable access to those funds. An
169-17 additional sum of money may be appropriated to the Texas Workforce
169-18 Commission <Department of Commerce> for the purpose of skill
169-19 training in direct support of industrial expansion and start-up,
169-20 and those locations, industries, and occupations designated by the
169-21 Texas Workforce Commission <Department of Commerce>, when such
169-22 training is also in support of the basic purposes of this section.
169-23 To fulfill the basic purposes of this section, an additional sum of
169-24 money may be appropriated for skill training that is conducted to
169-25 support the expansion of civilian employment opportunities on
169-26 United States military reservations. The Central Education Agency,
169-27 in conjunction with the Texas Workforce Commission <Department of
170-1 Commerce>, may adopt rules to administer such skill training
170-2 programs for which the Central Education Agency is responsible, and
170-3 the Texas Workforce Commission <Department of Commerce> may adopt
170-4 rules to administer such skill training programs for which the
170-5 Texas Workforce Commission <it> is responsible.
170-6 SECTION 11.32. Section 16.152, Education Code, is amended by
170-7 adding Subsection (p) to read as follows:
170-8 (p) From the total amount of funds appropriated for
170-9 allotments under this section, the commissioner of education shall,
170-10 in each year of the 1996-97 state fiscal biennium, withhold $16.3
170-11 million or a greater amount as determined in the General
170-12 Appropriations Act and distribute that amount for the Communities
170-13 in Schools program under Chapter 305, Labor Code. After deducting
170-14 the amount withheld under this subsection from the total amount
170-15 appropriated for the allotment under Subsection (a) of this
170-16 section, the commissioner of education shall reduce each district's
170-17 tier one allotments in the same manner described for a reduction in
170-18 allotments under Section 16.254 of this code. This subsection
170-19 expires August 31, 1997.
170-20 SECTION 11.33. Section 32.11(5), Education Code, is amended
170-21 to read as follows:
170-22 (5) "Administrator" means the executive director of
170-23 the Texas Workforce Commission <State Commissioner of Education> or
170-24 a person, knowledgeable in the administration of regulating
170-25 proprietary schools, designated by that executive director <the
170-26 Commissioner> to administer the provisions of this chapter.
170-27 SECTION 11.34. Section 32.12(c), Education Code, is amended
171-1 to read as follows:
171-2 (c) If a State agency that issues a license or other
171-3 authorization for the practice of an occupation elects not to
171-4 regulate or approve course hours that exceed the minimum education
171-5 requirements for the issuance of the license or other
171-6 authorization, the licensing agency shall enter into a memorandum
171-7 of understanding with the Texas Workforce Commission <Central
171-8 Education Agency> for the regulation of those excess course hours
171-9 under this chapter. Any course taught under a letter of approval
171-10 or other written authorization issued by the licensing agency
171-11 before the effective date of the memorandum is authorized under
171-12 State law until the course is reviewed by the Texas Workforce
171-13 Commission <Central Education Agency>. The licensing agency may
171-14 terminate the memorandum of understanding on notice to the Texas
171-15 Workforce Commission <Central Education Agency>.
171-16 SECTION 11.35. Section 32.21, Education Code, is amended to
171-17 read as follows:
171-18 Sec. 32.21. WORKFORCE COMMISSION <CENTRAL EDUCATION AGENCY>.
171-19 (a) The Texas Workforce Commission <Central Education Agency>
171-20 shall exercise jurisdiction and control of the system of schools,
171-21 and it shall be the duty of the executive director of that
171-22 commission <Commissioner of Education> to carry out supervision of
171-23 the provisions of this chapter, and to enforce minimum standards
171-24 for approval of schools under the operating regulations and
171-25 policies hereinafter set forth and as may from time to time be
171-26 adopted pursuant to the provisions of this chapter.
171-27 (b) The executive director of the Texas Workforce Commission
172-1 <Central Education Agency> shall prepare a comparison of the cost
172-2 to a student of courses of instruction or training programs at
172-3 proprietary schools to the cost to a student of similar courses or
172-4 programs at schools that are exempt from this chapter under Section
172-5 32.12 of this code.
172-6 (c) The executive director of the Texas Workforce Commission
172-7 <agency> may consult a recognized expert in a field of study for
172-8 assistance in determining minimum program standards under this
172-9 chapter for that field.
172-10 (d) The executive director of the Texas Workforce Commission
172-11 <Central Education Agency> and the Texas Higher Education
172-12 Coordinating Board shall adopt a memorandum of understanding which
172-13 develops guidelines for coordinating the regulation of proprietary
172-14 schools and courses that are subject to Sections 61.301 through
172-15 61.317 and Chapter 32 of this code. The memorandum shall include
172-16 provisions which:
172-17 (1) clearly identify the responsibilities of each
172-18 agency in regulating proprietary schools;
172-19 (2) ensure that the rules adopted by both agencies
172-20 pursuant to the memorandum of understanding are not duplicative or
172-21 in conflict; and
172-22 (3) establish procedures for ensuring that information
172-23 affecting the proprietary school regulatory activities of both
172-24 agencies is shared between the agencies.
172-25 SECTION 11.36. Section 32.24, Education Code, is amended to
172-26 read as follows:
172-27 Sec. 32.24. DUTIES OF WORKFORCE COMMISSION AND EXECUTIVE
173-1 DIRECTOR. <ADMINISTRATOR. (a)> The executive director of the
173-2 Texas Workforce Commission <administrator> shall carry out the
173-3 policies of this chapter and enforce the rules and regulations
173-4 adopted by that commission <the State Board of Education>. The
173-5 executive director <He> shall also certify the names of those
173-6 schools meeting the requirements for a certificate of approval.
173-7 <(b) The administrator may adopt and enforce temporary rules
173-8 and regulations pursuant to the provisions of this chapter but the
173-9 temporary rules and regulations are valid only until the next
173-10 meeting of the State Board of Education.>
173-11 SECTION 11.37. Section 32.25, Education Code, is amended to
173-12 read as follows:
173-13 Sec. 32.25. MEMORANDUM OF UNDERSTANDING FOR REGULATION OF
173-14 PROPRIETARY SCHOOLS. (a) The executive director of the Texas
173-15 Workforce Commission <Central Education Agency> shall develop, in
173-16 consultation with the Texas Guaranteed Student Loan Corporation and
173-17 each state agency that regulates proprietary schools in this state,
173-18 a comprehensive strategy to reduce default rates at the regulated
173-19 proprietary schools and to improve the overall quality of the
173-20 programs operated by these schools.
173-21 (b) The executive director of the commission <Central
173-22 Education Agency> shall execute a memorandum of understanding
173-23 outlining the strategy with the corporation and each state agency
173-24 regulating proprietary schools and shall adopt rules to carry out
173-25 its duties under this section. The Texas Guaranteed Student Loan
173-26 Corporation shall adopt the memorandum of understanding as
173-27 procedures of the corporation, and each agency by rule shall adopt
174-1 the memorandum of understanding.
174-2 (c) The memorandum of understanding shall:
174-3 (1) require the development and monitoring of
174-4 indicators that identify schools that have excessive loan default
174-5 rates, poor program performance, or both;
174-6 (2) require the sharing of specific information
174-7 relating to the indicators between the Texas Workforce Commission
174-8 <Central Education Agency> and the Texas Guaranteed Student Loan
174-9 Corporation or other agency; and
174-10 (3) require the application of specific sanctions by
174-11 the commission <Central Education Agency> or by the Texas
174-12 Guaranteed Student Loan Corporation or other agency, as
174-13 appropriate, to lower the default rates, improve program
174-14 performance, or both.
174-15 (d) If the executive director of the commission <Central
174-16 Education Agency> enters a memorandum of understanding with the
174-17 Texas Guaranteed Student Loan Corporation related to the regulation
174-18 of proprietary schools, the commission <agency> may require each
174-19 proprietary school governed by this chapter to provide information
174-20 to the commission <agency> that is necessary for the purposes of
174-21 the memorandum of understanding.
174-22 SECTION 11.38. Section 32.32, Education Code, is amended to
174-23 read as follows:
174-24 Sec. 32.32. APPLICATION FOR CERTIFICATE OF APPROVAL. Every
174-25 proprietary school desiring to operate in the State of Texas or do
174-26 business in the State shall make written application to the
174-27 administrator for a certificate of approval. Such application
175-1 shall be verified, be in such form as may be prescribed by the
175-2 Texas Workforce Commission <State Board of Education>, and shall
175-3 furnish the administrator such information as the executive
175-4 director of the commission <he> may require.
175-5 SECTION 11.39. Section 32.321(a), Education Code, is amended
175-6 to read as follows:
175-7 (a) The Texas Workforce Commission <State Board of
175-8 Education> after consultation with the Proprietary School Advisory
175-9 Commission may establish rules that waive, alter, suspend, or
175-10 replace any of the following provisions governing small proprietary
175-11 schools:
175-12 (1) the fee schedule authorized under Section 32.71 of
175-13 this code, provided that fees under a fee schedule established by
175-14 rule may not be less than the reasonable administrative cost for
175-15 regulation or more than the amount that a small proprietary school
175-16 would otherwise pay if it were not classified as a small
175-17 proprietary school;
175-18 (2) participation in the proprietary school tuition
175-19 protection fund required by Section 32.91 of this code;
175-20 (3) the refund policy provisions of Section 32.39 of
175-21 this code;
175-22 (4) the bonding requirements of Section 32.38 of this
175-23 code;
175-24 (5) the examination of a school for compliance under
175-25 Section 32.34(f) of this code;
175-26 (6) the reporting requirements of Section 32.33(15)
175-27 <32.33(o)> of this code; and
176-1 (7) the term for which a certificate of approval is
176-2 issued under Section 32.34(b) of this code, provided that a rule
176-3 adopted under this section may not provide for a term that exceeds
176-4 three years or is less than one year.
176-5 SECTION 11.40. Section 32.33, Education Code, is amended to
176-6 read as follows:
176-7 Sec. 32.33. CRITERIA. The administrator may approve the
176-8 application of a <such> proprietary school if <when> the school is
176-9 found, on <upon> investigation at the premises of the school, to
176-10 have met the following criteria:
176-11 (1) the <(a) The> courses, curriculum, and
176-12 instruction are of such quality, content, and length as may
176-13 reasonably and adequately achieve the stated objective for which
176-14 the courses, curriculum or instruction are offered; provided that
176-15 before<. Before> a school conducts a course of instruction in
176-16 court reporting, the school must produce evidence that the school
176-17 has obtained approval for the curriculum from the Court Reporters
176-18 Certification Board;<.>
176-19 (2) the <(b) There is in the> school has adequate
176-20 space, equipment, instructional material and instructor personnel
176-21 to provide training of good quality;<.>
176-22 (3) educational <(c) Educational> and experience
176-23 qualifications of directors, administrators and instructors are
176-24 adequate;<.>
176-25 (4) the <(d) The> school maintains a written record
176-26 of the previous education and training of the applicant student and
176-27 clearly indicates that appropriate credit has been given by the
177-1 school for previous education and training, with the new training
177-2 period shortened where warranted through use of appropriate skills
177-3 or achievement tests and the student so notified;<.>
177-4 (5) a <(e) A> copy of the following information is
177-5 furnished to a student before enrollment:
177-6 (A) a course outline;
177-7 (B) a schedule of tuition, fees, <refund
177-8 policy,> and other charges;
177-9 (C) a statement of the school's refund policy;
177-10 (D) a copy of regulations relating <pertaining>
177-11 to absence, grading policy, <and> rules of operation and conduct,
177-12 and<; regulations pertaining to> incomplete grades;
177-13 (E) the name, mailing address, and telephone
177-14 number of the Texas Workforce Commission <Central Education Agency>
177-15 for the purpose of directing complaints to the commission <agency>;
177-16 (F) the current rates of job placement and
177-17 employment of students issued a certificate of completion; and
177-18 (G) notification of the availability of the cost
177-19 comparison information prepared under Section 32.21(b) of this code
177-20 through the Texas Workforce Commission; <Central Education Agency
177-21 will be furnished the student prior to enrollment.>
177-22 (6) except <(f) Except> as provided by Section 32.40
177-23 of this code, on completion of training, the student is given a
177-24 certificate by the school indicating the course and that training
177-25 was satisfactorily completed;<.>
177-26 (7) adequate <(g) Adequate> records as prescribed by
177-27 the administrator are kept to show attendance and progress or
178-1 grades, and satisfactory standards relating to attendance, progress
178-2 and conduct are enforced;<.>
178-3 (8) the <(h) The> school complies with all local,
178-4 city, county, municipal, state and federal regulations, such as
178-5 fire, building and sanitation codes, and provides<. The
178-6 administrator may require such> evidence of compliance to the
178-7 administrator as considered <is deemed> necessary by the
178-8 administrator;<.>
178-9 (9) the <(i) The> school is financially sound and
178-10 capable of fulfilling its commitments for training;<.>
178-11 (10) the <(j) The> school's administrators,
178-12 directors, owners, and instructors are of good reputation and
178-13 character;<.>
178-14 (11) the <(k) The> school has, maintains, and
178-15 publishes in its catalogue and enrollment contract<,> the proper
178-16 policy for the refund of the unused portion of tuition, fees, and
178-17 other charges in the event the student enrolled by the school fails
178-18 to take the course or withdraws or is discontinued therefrom at any
178-19 time prior to completion;<.>
178-20 (12) the <(l) The> school does not utilize erroneous
178-21 or misleading advertising, either by actual statement, omission, or
178-22 intimation as determined by the Texas Workforce Commission; <State
178-23 Board of Education.>
178-24 (13) additional <(m) Such additional> criteria as
178-25 <may be> required by the Texas Workforce Commission or the
178-26 executive director of that commission; <State Board of Education.>
178-27 (14) the <(n) The> school does not use a name like or
179-1 similar to an existing tax supported school in the same area;<.>
179-2 (15) the <(o) The> school furnishes to the Texas
179-3 Workforce Commission <Central Education Agency> the current rates
179-4 of students who receive a certificate of completion and of job
179-5 placement and employment of students issued a certificate of
179-6 completion;<.>
179-7 (16) the <(p) The> school furnishes to the Texas
179-8 Workforce Commission <Central Education Agency> for approval or
179-9 disapproval student admission requirements for each course or
179-10 program offered by the school;<.>
179-11 (17) the <(q) The> school furnishes to the Texas
179-12 Workforce Commission <Central Education Agency> for approval or
179-13 disapproval the course hour lengths and curriculum content for each
179-14 course offered by the school; and<.>
179-15 (18) the <(r) The> school does not owe a civil
179-16 penalty under Section 32.611 of this code.
179-17 SECTION 11.41. Sections 32.34(a) and (d), Education Code,
179-18 are amended to read as follows:
179-19 (a) The executive director of the Texas Workforce Commission
179-20 <administrator>, upon review of an application for a certificate of
179-21 approval duly submitted in accordance with the provisions of
179-22 Section 32.32 and meeting the requirements of Section 32.33 of this
179-23 chapter, shall issue a certificate of approval to the applicant
179-24 school. The certificate of approval shall be in a form
179-25 <recommended by the commission and> approved by the executive
179-26 director <State Board of Education> and shall state in a clear and
179-27 conspicuous manner at least the following information:
180-1 (1) date of issuance, effective date, and term of
180-2 approval;
180-3 (2) correct name and address of the school;
180-4 (3) authority for approval and conditions of approval,
180-5 if any, referring specifically to the approved catalogue or
180-6 bulletin published by the school;
180-7 (4) signature of the administrator or such person as
180-8 may have been designated by the executive director <him> to
180-9 administer the provisions of this chapter; and
180-10 (5) any other fair and reasonable representations that
180-11 are consistent with this chapter and deemed necessary by the
180-12 administrator.
180-13 (d) At least thirty (30) days prior to expiration of a
180-14 certificate of approval, the school shall forward to the
180-15 administrator an application for renewal. The administrator shall
180-16 reexamine the school at the premises of the school and either renew
180-17 or cancel the school's certificate of approval. If a school fails
180-18 to file a complete application for renewal at least thirty (30)
180-19 days before the expiration date of the certificate of approval, the
180-20 school, as a condition of renewal, must pay, in addition to the
180-21 annual renewal fee, a late renewal fee in an amount established by
180-22 rule by the Texas Workforce Commission <State Board of Education
180-23 rule> of at least $100.
180-24 SECTION 11.42. Section 32.38(e), Education Code, is amended
180-25 to read as follows:
180-26 (e) The administrator, for good cause shown, <as recommended
180-27 by the commission and approved by the State Board of Education,>
181-1 may waive and suspend the requirements set forth in Subsections (a)
181-2 and (c) of this Section with respect to schools operating wholly or
181-3 in part under a federal grant where no tuition fee is charged to
181-4 the student.
181-5 SECTION 11.43. Sections 32.39(c) and (e), Education Code,
181-6 are amended to read as follows:
181-7 (c) In lieu of the refund policy herein set forth, for
181-8 programs of instruction not regularly offered to the general
181-9 public, the Texas Workforce Commission <State Board of Education>
181-10 may, for good cause shown, amend, modify, substitute and/or alter
181-11 the terms of such policy due to the specialized nature and
181-12 objective of the subject school's course of instruction.
181-13 (e) If a refund is not made within the period required by
181-14 this section, the school shall pay a penalty. If the refund is made
181-15 to a lending institution, the penalty shall also be paid to that
181-16 institution and applied against the student's loan. The executive
181-17 director of the commission <commissioner of education> annually
181-18 shall establish the level of the penalty at a level sufficient to
181-19 provide a deterrent to the retention of student funds. The
181-20 executive director of the commission <Central Education Agency> may
181-21 exempt a school from the payment of the penalty if the school makes
181-22 a good faith effort to refund the tuition, fees, and other charges
181-23 but is unable to locate the student. The school shall provide to
181-24 the executive director of the commission <the agency> on request
181-25 documentation of the effort to locate the student.
181-26 SECTION 11.44. Section 32.401(b), Education Code, is amended
181-27 to read as follows:
182-1 (b) A proprietary school may offer an applied technology
182-2 degree, an occupational studies degree, or other degree approved by
182-3 the Texas Workforce Commission in conjunction with the Central
182-4 Education Agency. The commission may not <Central Education Agency
182-5 shall have no authority to> approve a degree title that uses
182-6 "associate," "bachelor's," "master's," or "doctor's" in the title
182-7 and shall consult with the Texas Higher Education Coordinating
182-8 Board to ensure that the titles of degrees approved by the
182-9 commission <agency> are distinctly different from the titles of
182-10 degrees approved by the board.
182-11 SECTION 11.45. Section 32.402(d), Education Code, is amended
182-12 to read as follows:
182-13 (d) The authority of a school to operate under a small
182-14 proprietary school certificate of approval terminates on the final
182-15 determination of issuance or denial of an initial certificate of
182-16 approval. If a school fails to file a complete application within
182-17 the period required by Subsection (b) of this section, the school,
182-18 as a condition of issuance, must pay a late fee in an amount
182-19 established by rule by the Texas Workforce Commission <State Board
182-20 of Education rule> of at least $100.
182-21 SECTION 11.46. Section 32.42(d), Education Code, is amended
182-22 to read as follows:
182-23 (d) Upon the filing of the lawsuit, citation shall be served
182-24 upon the administrator. Whereupon, the administrator shall cause
182-25 to be made a complete record of all proceedings had before the
182-26 administrator, and shall certify a copy of the proceedings to the
182-27 Court. Trial before the Court shall be upon the basis of the
183-1 record made before the administrator, and the Court shall make its
183-2 decision based upon the record. The administrator's decision shall
183-3 be affirmed by the Court if the Court finds substantial evidence in
183-4 the record to justify the decision, unless the Court finds the
183-5 order to be:
183-6 (1) arbitrary and capricious, or
183-7 (2) in violation of the Constitution or laws of the
183-8 State of Texas, or
183-9 (3) in violation of rules adopted by the Texas
183-10 Workforce Commission under this chapter <and regulations
183-11 promulgated by the State Board of Education pursuant to the
183-12 provisions of the Act>.
183-13 SECTION 11.47. Section 32.612, Education Code, is amended to
183-14 read as follows:
183-15 Sec. 32.612. COMPETITIVE BIDDING; ADVERTISING. The Texas
183-16 Workforce Commission <State Board of Education> may not adopt rules
183-17 to restrict competitive bidding or advertising by a proprietary
183-18 school except to prohibit false, misleading, or deceptive
183-19 competitive bidding or advertising practices. Those rules may not
183-20 restrict:
183-21 (1) the use of an advertising medium;
183-22 (2) the size or duration of an advertisement; or
183-23 (3) advertisement under a trade name.
183-24 SECTION 11.48. Section 32.63(b), Education Code, is amended
183-25 to read as follows:
183-26 (b) The attorney general, at the request of the Texas
183-27 Workforce Commission <Central Education Agency>, may bring a civil
184-1 action to collect a civil penalty under this section.
184-2 SECTION 11.49. Section 32.64, Education Code, is amended to
184-3 read as follows:
184-4 Sec. 32.64. SANCTIONS. (a) If the Texas Workforce
184-5 Commission <Central Education Agency> has reasonable cause to
184-6 believe that a proprietary school has violated this chapter or a
184-7 rule adopted under this chapter, the commission or the executive
184-8 director of the commission <agency> may:
184-9 (1) order a peer review of the school; or
184-10 (2) suspend the admission of students to the school.
184-11 (b) A peer review ordered under this section shall be
184-12 conducted by a peer review team composed of knowledgeable persons
184-13 selected by the executive director of the commission <agency>. The
184-14 executive director <agency> shall attempt to provide a balance on
184-15 each team between members assigned to the team who are from this
184-16 state and those who are from other states. The team shall provide
184-17 the commission and the executive director <agency> with an
184-18 objective assessment of the content of the school's curriculum and
184-19 its application. The costs of providing a peer review team shall
184-20 be paid by the school.
184-21 SECTION 11.50. Sections 32.71(a)-(e), Education Code, are
184-22 amended to read as follows:
184-23 (a) Certificate and registration fees, except those charged
184-24 pursuant to Subsection (d) of this section, shall be collected by
184-25 the executive director of the Texas Workforce Commission
184-26 <Administrator> and deposited with the State Treasurer. Each fee
184-27 shall be in an amount set by the executive director <Administrator>
185-1 and approved by the commission <State Board of Education> in an
185-2 amount not to exceed 150 percent of each fee in the following
185-3 schedule:
185-4 (1) the initial fee for a school:
185-5 (A) for a certificate of approval is $2,000; or
185-6 (B) for a small proprietary school certificate
185-7 of approval is $1,000;
185-8 (2) the first renewal fee and each subsequent renewal
185-9 fee for a school is the greater of:
185-10 (A) an amount that is determined by applying a
185-11 percentage, not to exceed 0.3 percent, to the gross tuition and
185-12 fees, excluding refunds as provided by Section 32.39 of this code,
185-13 of the school; or
185-14 (B) $500;
185-15 (3) the initial registration fee for a representative
185-16 is $60;
185-17 (4) the annual renewal fee for a representative is
185-18 $30;
185-19 (5) the fee for a change of a name of a school or
185-20 owner is $100;
185-21 (6) the fee for a change of an address of a school is
185-22 $180;
185-23 (7) the fee for a change in the name or address of a
185-24 representative or a change in the name or address of a school that
185-25 causes the reissuance of a representative permit is $10;
185-26 (8) the application fee for an additional course is
185-27 $150, except for seminar and workshop courses, for which the fee is
186-1 $25;
186-2 (9) the application fee for a director, administrative
186-3 staff member, or instructor is $15;
186-4 (10) the application fee for the authority to grant
186-5 degrees is $2,000;
186-6 (11) the application fee for an additional degree
186-7 course is $250; and
186-8 (12) the fee for an inspection required by rule of the
186-9 commission <State Board of Education> of classroom facilities that
186-10 are separate from the main campus is $250.
186-11 (b) The executive director <commissioner of education>
186-12 shall periodically review and recommend adjustments in the level of
186-13 fees to the <State Board of Education and the> legislature.
186-14 (c) For purposes of this section, the gross amount of annual
186-15 student fees and tuition for a proprietary school is the amount
186-16 determined by the executive director <State Board of Education>
186-17 based on any report submitted by the school to the commission
186-18 <Central Education Agency> or other information obtained by the
186-19 commission <agency>.
186-20 (d) In connection with the regulation of any school or
186-21 course through a memorandum of understanding pursuant to Section
186-22 32.12(c) of this code, the executive director <Administrator> shall
186-23 set an application and annual renewal fee, not to exceed $2,000.
186-24 The fee shall be approved by the commission <State Board of
186-25 Education> to be an amount reasonably calculated to cover the
186-26 administrative costs associated with assuming the additional
186-27 regulation.
187-1 (e) The fee for an investigation at a school to resolve a
187-2 complaint filed against the school is $400. The fee may be charged
187-3 only if:
187-4 (1) the complaint could not have been resolved by
187-5 telephone or written correspondence only;
187-6 (2) a representative of the commission <Central
187-7 Education Agency> visits the school as a part of the complaint
187-8 resolution process; and
187-9 (3) the school is found to be at fault.
187-10 SECTION 11.51. Section 32.81(a), Education Code, is amended
187-11 to read as follows:
187-12 (a) The cost of administration of this Chapter shall be
187-13 included in the State budget allowance for the Texas Workforce
187-14 Commission <State Board of Education>.
187-15 SECTION 11.52. Sections 32.91(a), (c), and (d), Education
187-16 Code, are amended to read as follows:
187-17 (a) Except as provided by Subsection (e) of this section, at
187-18 the time that each school pays its annual renewal fee, in the years
187-19 provided by Subsection (c) of this section, the Texas Workforce
187-20 Commission <State Board of Education> shall also collect a fee from
187-21 the school for deposit to the credit of a special fund in the state
187-22 treasury to be called the proprietary school tuition protection
187-23 fund.
187-24 (c) <Beginning on January 1, 1990, the board shall collect
187-25 the fee for two years.> If on January 1, 1993, or any subsequent
187-26 year the amount in the fund is less than $200,000, the Texas
187-27 Workforce Commission <board> shall collect a fee during that year
188-1 by applying a percentage to each school's annual renewal fee at a
188-2 rate that will bring the balance of the fund to $250,000.
188-3 (d) The state treasurer shall invest the fund in the same
188-4 manner as other state funds. Sufficient funds from the tuition
188-5 protection fund shall be appropriated to the Texas Workforce
188-6 Commission <Central Education Agency administration> for the
188-7 purpose outlined in this section.
188-8 SECTION 11.53. Section 32.92(a), Education Code, is amended
188-9 to read as follows:
188-10 (a) If a proprietary school closes, the Texas Workforce
188-11 Commission <Central Education Agency> shall attempt to arrange for
188-12 students of the closed school to attend another proprietary school.
188-13 SECTION 11.54. Section 33.01(7), Education Code, is amended
188-14 to read as follows:
188-15 (7) "Commission" means the Texas Workforce Commission
188-16 <"CEA" means the Central Education Agency>.
188-17 SECTION 11.55. Section 33.02(a), Education Code, is amended
188-18 to read as follows:
188-19 (a) Pursuant to the provisions of this chapter, the Texas
188-20 Workforce Commission <commissioner of education> may allocate state
188-21 funds for the support of apprenticeship training programs that meet
188-22 the criteria set forth in this chapter.
188-23 SECTION 11.56. Section 33.04, Education Code, is amended to
188-24 read as follows:
188-25 Sec. 33.04. NOTICE OF AVAILABLE FUNDS. In order to ensure
188-26 <insure> that all citizens of this state <Texas> have an equal
188-27 opportunity to benefit from apprenticeship training programs, the
189-1 commission <State Board of Vocational Education> shall provide for
189-2 statewide publication in a manner recommended by the advisory
189-3 committee and intended to give actual notice to all potential
189-4 program sponsors of the amount of funds that will be available to
189-5 support apprenticeship training programs during the current and
189-6 following fiscal years, the qualifications required of program
189-7 sponsors and apprenticeship committees, and the procedures to be
189-8 followed in applying for state funds. The notice may also include
189-9 other information recommended by the advisory committee and
189-10 approved by the State Board of Vocational Education.
189-11 Notwithstanding the foregoing, the commission <State Board of
189-12 Vocational Education> shall publish any information concerning
189-13 available funds given to a particular program sponsor in a manner
189-14 recommended by the advisory committee and intended to give actual
189-15 notice to all potential program sponsors statewide.
189-16 SECTION 11.57. Sections 33.07(a) and (d), Education Code,
189-17 are amended to read as follows:
189-18 (a) The commission <CEA> shall maintain a clear audit trail
189-19 of all funds appropriated for the apprenticeship system of adult
189-20 vocational education. For each course that is funded, the audit
189-21 trail in the commission <CEA> shall include the following records:
189-22 (1) the name of the sponsoring public school district
189-23 or state postsecondary institution;
189-24 (2) the name of the instructor;
189-25 (3) the number of students enrolled;
189-26 (4) the place and schedule of class meetings; and
189-27 (5) certification by the BAT for preparatory and
190-1 related instruction courses that the students enrolled were
190-2 registered apprentices.
190-3 (d) All state funds appropriated to the commission under
190-4 <Central Education Agency pursuant to> this chapter are subject to
190-5 audit by the state auditor in accordance with Chapter 321,
190-6 Government Code. Funds received under <pursuant to> this chapter
190-7 by a school district or postsecondary institution are subject to
190-8 audit as otherwise provided by law.
190-9 SECTION 11.58. Section 33.08, Education Code, is amended to
190-10 read as follows:
190-11 Sec. 33.08. APPROPRIATION AND DISTRIBUTION OF FUNDS.
190-12 (a) On recommendation of the advisory committee the State Board of
190-13 Vocational Education, in conjunction with the commission, shall
190-14 adopt formulas and administrative procedures to be used in
190-15 requesting appropriations of state funds as a budgetary line item
190-16 for the Apprenticeship System of Adult Vocational Education.
190-17 (b) The commission <CEA> shall prepare an update to the
190-18 Apprenticeship Related Instruction Cost Study adopted by the State
190-19 Board of Education on February 10, 1973, prior to each biennial
190-20 session of the legislature.
190-21 (c) On recommendation of the advisory committee the State
190-22 Board of Vocational Education, in conjunction with the commission,
190-23 shall adopt forms, formulas, and administrative procedures for the
190-24 distribution of available funds to apprenticeship training
190-25 programs. Distribution formulas must be uniform in application to
190-26 all local program sponsors.
190-27 (d) On recommendation of the advisory committee the State
191-1 Board of Vocational Education, in conjunction with the commission,
191-2 shall reserve until December 1 of each year a percentage of the
191-3 funds appropriated under the line item described in this section to
191-4 be used solely for apprenticeship-related instruction programs.
191-5 This percentage shall be established by the formulas required by
191-6 this section. Reserved funds that are not obligated on December 1
191-7 may be used for preparatory and supplementary instruction programs
191-8 as well as related instruction programs.
191-9 (e) No funds shall be distributed to a public school
191-10 district or state postsecondary institution until the district or
191-11 institution has filed all reports required by this chapter, <and
191-12 by> the State Board of Vocational Education, and the commission.
191-13 SECTION 11.59. Section 33.09, Education Code, is amended to
191-14 read as follows:
191-15 Sec. 33.09. RULES. The State Board of Vocational Education,
191-16 in conjunction with the commission, shall promulgate rules
191-17 necessary to implement the provisions of this chapter.
191-18 SECTION 11.60. Section 33.10(a), Education Code, is amended
191-19 to read as follows:
191-20 (a) Recommendations of the advisory committee submitted to
191-21 the State Board of Vocational Education or the commission must be
191-22 acted on, and either accepted or rejected.
191-23 SECTION 11.61. Section 481.026, Government Code, is amended
191-24 to read as follows:
191-25 Sec. 481.026. <DUTIES OF> LITERACY <COUNCIL; INTERAGENCY
191-26 WORK GROUP>. (a) In this section, "council" means the Council on
191-27 Workforce and Economic Competitiveness.
192-1 (b) The council <Texas Literacy Council> shall:
192-2 (1) advise the governor, the Texas Workforce
192-3 Commission <State Job Training Coordinating Council>, the State
192-4 Board of Education, the Texas Higher Education Coordinating Board,
192-5 and any group interested in literacy on policy, planning, research,
192-6 and program development;
192-7 (2) coordinate the development and maintenance of a
192-8 literacy services delivery system;
192-9 (3) oversee the attainment of the state's literacy
192-10 goals;
192-11 (4) build a partnership with the private sector in
192-12 order to inform the objectives-setting process and to gain
192-13 acceptance of the services of a functional literacy program;
192-14 (5) provide state leadership to encourage and support
192-15 local and statewide literacy efforts;
192-16 (6) <advise the State Board of Education on needs,
192-17 priorities, and standards of adult literacy education programs
192-18 conducted in accordance with Section 11.18, Education Code;>
192-19 <(7)> advocate the importance of literacy to ensure
192-20 that all in need of assistance understand the benefits of increased
192-21 functional literacy and to ensure that the necessary resources are
192-22 available;
192-23 (7) <(8)> make literacy instruction available to
192-24 adults and out-of-school youth by ensuring that a comprehensive
192-25 literacy instruction capacity is present in every Texas community;
192-26 (8) <(9)> coordinate and improve local literacy
192-27 instruction to ensure the most efficient and effective use of
193-1 resources to meet adult education goals;
193-2 (9) <(10)> identify state and local literacy programs
193-3 and enter them in a directory for centralized referral and
193-4 communication;
193-5 (10) <(11)> continue oversight of literacy needs
193-6 analysis;
193-7 (11) <(12)> continue to develop an awareness campaign;
193-8 (12) <(13)> develop a timetable and objectives for
193-9 reaching the proposed goals and subgoals; and
193-10 (13) <(14)> make recommendations to the governor,
193-11 lieutenant governor, and speaker of the house of representatives or
193-12 other state officials or organizations that it considers
193-13 appropriate regarding the expenditure of funds and the
193-14 administration of programs.
193-15 <(b) An interagency work group is created to advise the
193-16 council. The advisory work group is composed of representatives
193-17 from the Central Education Agency, Texas State Library and Archives
193-18 Commission, Texas Higher Education Coordinating Board, Texas
193-19 Employment Commission, Texas Department of Corrections, Texas
193-20 Department of Human Services, Texas Rehabilitation Commission,
193-21 Advisory Council for Technical Vocational Education, and State Job
193-22 Training Coordinating Council.>
193-23 <(c) The council shall, with advice from the advisory work
193-24 group, develop, adopt, and present to the 72nd Legislature a
193-25 five-year strategic plan for comprehensive Texas literacy efforts.
193-26 The plan must include:>
193-27 <(1) identification of all money from private, local,
194-1 and federal sources available for investment in state and community
194-2 literacy programs;>
194-3 <(2) proposals for acquiring local, state, and federal
194-4 money identified in A Guide to Adult Literacy Funds and Resources
194-5 to provide maximum support for state and community programs;>
194-6 <(3) proposals for coordination of state government
194-7 resources, planning, and personnel among the agencies advising the
194-8 council, to ensure, within budget constraints and consistent with
194-9 existing missions, general access to state support services for
194-10 community programs;>
194-11 <(4) identification of program shortages and gaps in
194-12 service delivery, and proposals to establish a comprehensive
194-13 service delivery system for all regions of the state and all target
194-14 populations;>
194-15 <(5) an appropriate balance in recommended funding and
194-16 support services for both adult literacy training and early student
194-17 intervention, to ensure development of a continuum of literacy
194-18 training services targeted at family needs;>
194-19 <(6) a discussion of evaluation tools used to measure
194-20 student and program performance, in order to assure policymakers of
194-21 concrete achievements and accountability for public funds; and>
194-22 <(7) other items that should be included in the
194-23 judgment of the council.>
194-24 (c) <(d)> The department may award literacy grants out of
194-25 state, local, federal, and private money available to the
194-26 department for that purpose. Grants shall be awarded under
194-27 guidelines set by the Texas Workforce Commission <council>. The
195-1 guidelines shall include a competitive request for proposal process
195-2 that includes<, designed by the council with the assistance of its
195-3 advisory work group. The process shall include> criteria for
195-4 evaluating the proposals.
195-5 (d) <(e)> The department <council> may establish a Texas
195-6 literacy trust fund for the purpose of collecting private funds for
195-7 distribution to community literacy programs. The fund must meet
195-8 all applicable requirements under state and federal law necessary
195-9 for qualification as a nonprofit trust. The fund, if established,
195-10 shall be a separate fund kept and held in escrow and in trust by
195-11 the state treasurer for and on behalf of the department <council>
195-12 as funds held outside the treasury under Section 404.073. Unless
195-13 prohibited by other law, the state treasurer may invest and
195-14 reinvest the money, pending its use, in the fund in investments
195-15 authorized by law for state funds that the state treasurer
195-16 considers appropriate. The department shall distribute money from
195-17 the fund under guidelines set by the Texas Workforce Commission
195-18 <council>.
195-19 SECTION 11.62. Section 501.095(b), Government Code, is
195-20 amended to read as follows:
195-21 (b) An agency of the state not listed in this section
195-22 <subsection> that determines that it may provide services to
195-23 inmates with a history of chronic unemployment may participate in
195-24 the development of the memorandum, if the parties listed in this
195-25 section <subsection> approve the agency's participation.
195-26 SECTION 11.63. Section 31.012, Human Resources Code, is
195-27 amended by adding Subsection (d) to read as follows:
196-1 (d) A state program operated under this section shall be
196-2 administered by the division of workforce development of the Texas
196-3 Workforce Commission when the program is transferred to that
196-4 commission.
196-5 SECTION 11.64. Section 44.001, Human Resources Code, is
196-6 amended to read as follows:
196-7 Sec. 44.001. Designated Agency. The Texas Workforce
196-8 Commission <department> is the state agency designated to
196-9 administer a day-care program established by federal law and
196-10 financed partially or totally by federal funds.
196-11 SECTION 11.65. Sections 44.002(a), (c), and (d), Human
196-12 Resources Code, are amended to read as follows:
196-13 (a) The Texas Workforce Commission <commissioner> shall
196-14 promulgate rules to carry out the administrative provisions of the
196-15 program consistent with federal law and regulations.
196-16 (c) The rules must establish procedures for input by the
196-17 parents of the children in a day-care center into the operation of
196-18 the center. Where programs have more than 30 percent of their
196-19 licensed capacity purchased by the commission <department>, these
196-20 procedures must include the establishment of ongoing parent
196-21 advisory committees that regularly meet and review day-care center
196-22 operations.
196-23 (d) The executive director of the commission <commissioner>
196-24 may promulgate eligibility standards for admittance into the
196-25 program, but the standards must allow for exceptions where
196-26 necessary to maintain family self-sufficiency and integrity. The
196-27 exceptions must be reviewed biannually by the commission
197-1 <department> with opportunity provided for public input. The
197-2 initial exceptions and any revisions must be published in the Texas
197-3 Register.
197-4 SECTION 11.66. Section 44.003, Human Resources Code, is
197-5 amended to read as follows:
197-6 Sec. 44.003. Administration of Federal-Local Program.
197-7 (a) If the program is to be funded through political subdivisions
197-8 of the state or local agencies approved by the commission
197-9 <department> matching federal grants, the commission <department>
197-10 shall promulgate procedures for effective delivery of services
197-11 consistent with this section and with federal law and regulations.
197-12 (b) If the services are provided through contracting with
197-13 operators of day-care programs on request from political
197-14 subdivisions or local agencies, the commission <department> may not
197-15 promulgate standards for selection of the type of programs more
197-16 restrictive than required by federal law or regulations.
197-17 (c) The executive director of the commission <department>
197-18 shall establish an accounting system consistent with federal law
197-19 and regulations which will provide that an operator of a day-care
197-20 program contracting with the commission <department>:
197-21 (1) shall receive prepayment in accordance with
197-22 policies and procedures mutually agreed on by the state comptroller
197-23 of public accounts and the commission <department>; and
197-24 (2) shall be paid on the basis of legitimate and
197-25 reasonable expenses, insofar as possible, given federal regulations
197-26 and department policy, instead of being paid on the basis of the
197-27 number of children attending or the number of children enrolled in
198-1 the program, provided that on being monitored by the commission
198-2 <department>, the contracting operator can substantiate that there
198-3 were sufficient preparations in the development of the services
198-4 offered.
198-5 (d) The executive director of the commission <department>
198-6 shall establish procedures for hearing complaints by operators of
198-7 day-care programs contracting with the commission <department>
198-8 relating to the failure of the commission <department> to comply
198-9 with Subsection (c) of this section.
198-10 SECTION 11.67. Section 44.031, Human Resources Code, is
198-11 amended to read as follows:
198-12 Sec. 44.031. Establishment. (a) The commission
198-13 <department> may establish day-care centers for all children who
198-14 qualify for services under Section 44.032 of this code. Where in
198-15 the opinion of the executive director of the commission
198-16 <department> it appears feasible for the furtherance of the
198-17 objectives of this legislation, the commission <department> may
198-18 establish cooperative agreements with other state agencies.
198-19 (b) The commission <department> is not required to establish
198-20 a day-care center or to provide services under this subchapter
198-21 unless funds are appropriated for that purpose.
198-22 SECTION 11.68. Sections 44.032(a) and (b), Human Resources
198-23 Code, are amended to read as follows:
198-24 (a) Except as provided by Subsection (b) of this section, to
198-25 be eligible for admission to a day-care center authorized under
198-26 this subchapter, a child must be at least six weeks of age and:
198-27 (1) the child must be eligible for state assistance
199-1 under the aid to families with dependent children program and the
199-2 child's caretaker must be employed, enrolled in a
199-3 <department-authorized> job training program authorized by the
199-4 Texas Workforce Commission, registered to work by that commission
199-5 <the Texas Employment Commission>, or permanently and totally
199-6 disabled; or
199-7 (2) the child must be from a family eligible under
199-8 federal law or regulations to participate in a partially or totally
199-9 federally funded welfare or social services program.
199-10 (b) Additional children of the same age group may also be
199-11 admitted to a center under additional standards established by the
199-12 commission <commissioner>.
199-13 SECTION 11.69. Section 44.034, Human Resources Code, is
199-14 amended to read as follows:
199-15 Sec. 44.034. Standards; Recommendations. (a) If the Texas
199-16 Workforce Commission <department> establishes day-care centers
199-17 under this subchapter, the department shall prescribe standards of
199-18 operation and performance for the centers that will ensure proper
199-19 nutrition, social adjustment, health services, and appropriate
199-20 growth and development for children admitted.
199-21 (b) The executive director of the commission <department>
199-22 shall <also> prescribe procedures for receiving recommendations
199-23 relating to the operation of the centers from parents, guardians,
199-24 or custodians of children admitted to the centers, operators of the
199-25 centers, and other interested persons.
199-26 SECTION 11.70. Sections 44.035(a), (c), and (d), Human
199-27 Resources Code, are amended to read as follows:
200-1 (a) The executive director of the Texas Workforce Commission
200-2 <department> may contract for services authorized under this
200-3 subchapter with an individual, organization, association, or
200-4 corporation meeting the standards established under Section 44.034
200-5 of this code and the standards for child-care facilities licensed
200-6 by the department.
200-7 (c) The executive director of the commission <department>
200-8 shall terminate a contract with a day-care center that fails to
200-9 maintain the department's standards.
200-10 (d) When the executive director of the commission
200-11 <department> intends to cancel a <its> contract with a day-care
200-12 center, the executive director <department> shall give the center
200-13 reasonable notice and an opportunity for a hearing if one is
200-14 requested. The commission <department> shall adopt rules
200-15 consistent with Chapter 2001, Government Code, <the Administrative
200-16 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
200-17 Civil Statutes)> to implement this section. Hearings under this
200-18 section are contested cases under that chapter <Act>.
200-19 SECTION 11.71. Section 44.036, Human Resources Code, is
200-20 amended to read as follows:
200-21 Sec. 44.036. Annual Evaluation of Day-Care Centers. If the
200-22 commission <department> establishes day-care centers or provides
200-23 services under this subchapter, the commission, with the assistance
200-24 of the department, shall evaluate the performance of the centers
200-25 each state fiscal year. This evaluation shall be sent to the
200-26 governor and to the Legislative Budget Board not later than the
200-27 100th day after the last day of the state fiscal year covered by
201-1 the evaluation.
201-2 SECTION 11.72. Sections 44.061(f) and (g), Human Resources
201-3 Code, are amended to read as follows:
201-4 (f) The committee shall advise and assist the department and
201-5 the Texas Workforce Commission in developing coordinated state
201-6 policies for the use of federal and state funds in child-care
201-7 programs, including policies relating to the:
201-8 (1) review of any state plan required for the use of
201-9 federal or state funds;
201-10 (2) development of a coordinated and comprehensive
201-11 training program for child-care providers;
201-12 (3) establishment of guidelines providing technical
201-13 assistance to child-care providers, including loans, grants, or
201-14 training;
201-15 (4) development of a quality improvement program for
201-16 federal and state funded child-care services;
201-17 (5) review of public access to current child-care
201-18 services, with special emphasis placed on special needs populations
201-19 and localities of the state with limited child-care programs;
201-20 (6) development of consumer education programs related
201-21 to the access and selection of child-care services;
201-22 (7) review of appropriations to child-care programs;
201-23 (8) review of expenditures of child-care programs; and
201-24 (9) review of state efforts to maximize access to
201-25 federal child-care funding.
201-26 (g) The committee shall review child-care policies and
201-27 programs for compliance with applicable guidelines and shall advise
202-1 the board, the commission, and the department on the results of the
202-2 review.
202-3 SECTION 11.73. Sections 101.023(b) and (c), Human Resources
202-4 Code, are amended to read as follows:
202-5 (b) The Texas Workforce Commission <department> may
202-6 establish and administer a community program for persons 55 years
202-7 of age or older who lack suitable employment and have family
202-8 incomes under federal poverty guidelines.
202-9 (c) The Texas Workforce Commission <department> may contract
202-10 with a public agency or a private, nonprofit organization with
202-11 experience in managing similar programs to employ persons under
202-12 this program in providing recreation, beautification, conservation,
202-13 or restoration services, or public service employment positions for
202-14 state, county, city, or regional governments or school districts.
202-15 The Texas Workforce Commission <department> may not contract with
202-16 an organization that is not a subscriber under the state workers'
202-17 compensation law or that does not pay the federal minimum wage rate
202-18 or the prevailing wage rate for the particular job, whichever is
202-19 greater.
202-20 SECTION 11.74. The following are repealed:
202-21 (1) Section 11.18(b)(4), Education Code, as amended by
202-22 Chapter 812, Acts of the 71st Legislature, Regular Session, 1989;
202-23 and
202-24 (2) Section 32.22, Education Code.
202-25 SECTION 11.75. (a) The three-member Texas Employment
202-26 Commission is abolished on September 1, 1995. A person serving as
202-27 a member of the Texas Employment Commission on August 31, 1995,
203-1 serves as a member of the Texas Workforce Commission until the date
203-2 on which the governor appoints a person with the corresponding
203-3 proper qualifications to the Texas Workforce Commission. A person
203-4 serving as a member of the Texas Employment Commission on August
203-5 31, 1995, is eligible for appointment by the governor to the Texas
203-6 Workforce Commission. The governor shall appoint the initial
203-7 members of the Texas Workforce Commission not later than September
203-8 30, 1995, as follows:
203-9 (1) the member who represents employers for a term
203-10 expiring February 1, 1997;
203-11 (2) the member who represents labor for a term
203-12 expiring February 1, 1999; and
203-13 (3) the member who represents the public for a term
203-14 expiring February 1, 2001.
203-15 (b) The executive director of the Texas Workforce Commission
203-16 shall determine, on a program-by-program basis, the date on which a
203-17 program administered by the Texas Employment Commission on August
203-18 31, 1995, shall be transferred to the Texas Workforce Commission,
203-19 and the date on which a program listed under Section 302.021, Labor
203-20 Code, as added by this article, and administered by another state
203-21 agency on August 31, 1995, shall be transferred to the Texas
203-22 Workforce Commission. The transfer under this subsection may begin
203-23 on the date on which the executive director is appointed.
203-24 (c) The programs administered by the Texas Employment
203-25 Commission as of August 31, 1995, shall remain administratively
203-26 distinct from the programs operated by the Texas Workforce
203-27 Commission until those employment agency programs are transferred
204-1 to the Texas Workforce Commission as provided by Subsection (b) of
204-2 this section. The Texas Workforce Commission shall operate the
204-3 employment agency programs as programs of the Texas Employment
204-4 Commission until the transfer is completed and may refer to itself
204-5 as the "Texas Employment Commission" with regard to those programs
204-6 and actions taken in relation to those programs until the transfer
204-7 of all Texas Employment Commission programs is completed.
204-8 (d) All money, records, property, and equipment in the
204-9 custody of a program administered by the Texas Employment
204-10 Commission on August 31, 1995, or otherwise transferred under
204-11 Section 302.021, Labor Code, as added by this article, shall be
204-12 transferred to the custody of the Texas Workforce Commission on the
204-13 earlier of the 30th day after the date on which the program is
204-14 transferred to the Texas Workforce Commission or September 30,
204-15 1996, or September 30, 1997, for the child-care services program
204-16 operated under Chapter 44, Human Resources Code, as amended by this
204-17 article. A person employed by a program becomes an employee of the
204-18 Texas Workforce Commission on the date on which the transfer of the
204-19 program to the Texas Workforce Commission is completed.
204-20 (e) A reference in a law or administrative rule to an agency
204-21 that as of August 31, 1995, administered a program transferred to
204-22 the Texas Workforce Commission means the Texas Workforce
204-23 Commission.
204-24 (f) The transfer of all affected programs shall be made as
204-25 soon as practicable. The transfer of the child-care services
204-26 program operated under Chapter 44, Human Resources Code, as amended
204-27 by this article, shall be completed not later than September 1,
205-1 1997. The transfer of all other affected programs shall be
205-2 completed not later than September 1, 1996.
205-3 (g) Any appropriation made to the Texas Employment
205-4 Commission or to another state agency for the administration of a
205-5 program transferred under this section for the state fiscal
205-6 biennium ending August 31, 1997, is transferred to the Texas
205-7 Workforce Commission on the date on which the program is
205-8 transferred to the Texas Workforce Commission.
205-9 (h) On and after September 1, 1995, a reference in any law
205-10 to the Texas Employment Commission means the Texas Workforce
205-11 Commission, except as provided by this section.
205-12 SECTION 11.76. (a) The comptroller shall conduct a
205-13 management study to review the smart jobs fund program created
205-14 under Subchapter J, Chapter 481, Government Code, and the programs
205-15 to be transferred to the Texas Workforce Commission. If the adult
205-16 education program under Section 11.18, Education Code, is not
205-17 transferred to the Texas Workforce Commission because of the
205-18 passage of alternative requirements in Senate Bill 1, Acts of the
205-19 74th Legislature, Regular Session, 1995, the comptroller shall
205-20 include that program in the study. Based on the study, the
205-21 comptroller shall develop and make recommendations to the governor,
205-22 lieutenant governor, and speaker of the house of representatives
205-23 for the integrated structure of the Texas Workforce Commission.
205-24 (b) Each state agency affected by the transfer of program
205-25 jurisdiction shall cooperate with the comptroller in formulating
205-26 and implementing a transition plan, including the development of
205-27 program transition plans and an interim operating budget and the
206-1 temporary assignment of staff as necessary to ensure an orderly
206-2 transition.
206-3 (c) The comptroller's report and recommendations for the
206-4 structure of the commission and transition of the programs affected
206-5 under this article shall be filed with the governor, lieutenant
206-6 governor, and speaker of the house of representatives not later
206-7 than December 1, 1995.
206-8 (d) After review by the governor, lieutenant governor, and
206-9 speaker of the house of representatives of the comptroller's plan,
206-10 the Texas Workforce Commission shall, to the extent practicable,
206-11 implement the program transition in a manner consistent with the
206-12 comptroller's plan.
206-13 (e) The transition oversight committee is created to assist
206-14 the transition of programs to the jurisdiction of the Texas
206-15 Workforce Commission and to assist that commission in
206-16 implementation of the comptroller's recommendations. The committee
206-17 is composed of:
206-18 (1) the executive director of the Texas Workforce
206-19 Commission;
206-20 (2) the agency administrator of the Texas Employment
206-21 Commission;
206-22 (3) the executive director of the Council on Workforce
206-23 and Economic Competitiveness;
206-24 (4) the commissioner of education;
206-25 (5) the commissioner of human services;
206-26 (6) the executive director of the Texas Department on
206-27 Aging;
207-1 (7) the executive director of the Texas Department of
207-2 Commerce;
207-3 (8) a representative of the governor;
207-4 (9) a representative of the lieutenant governor; and
207-5 (10) a representative of the speaker of the house of
207-6 representatives.
207-7 (f) The representative of the governor shall serve as
207-8 presiding officer of the committee.
207-9 (g) Each state agency affected by the transfer of program
207-10 jurisdiction shall cooperate with the comptroller, the committee,
207-11 and the Texas Workforce Commission in formulating and implementing
207-12 a transition plan.
207-13 (h) The committee may:
207-14 (1) appoint a full-time staff person with clerical
207-15 assistance as necessary to assist in implementing the duties of the
207-16 committee;
207-17 (2) adopt interim rules and procedures as necessary to
207-18 implement this section, consistent with this article and the laws
207-19 of this state; and
207-20 (3) transfer staff from the affected state agencies to
207-21 the committee to assist the committee in the implementation of its
207-22 duties.
207-23 (i) The committee shall hold its initial meeting not later
207-24 than the 30th day after the effective date of this article.
207-25 (j) This section expires and the committee is abolished
207-26 September 1, 1997.
207-27 SECTION 11.77. The executive director of the Texas Workforce
208-1 Commission shall report to the legislature and the governor not
208-2 later than December 1, 1996, the results of an analysis conducted
208-3 by that commission as to whether block grant funding under Section
208-4 302.062, Labor Code, as added by this article, should be extended
208-5 to the programs exempted from block grant funding under Subsection
208-6 (g) of that section.
208-7 SECTION 11.78. (a) The state auditor shall evaluate the
208-8 management and fiscal control systems of the Texas Workforce
208-9 Commission and make any recommendations for improvement to the
208-10 governor, the legislature, and the commission.
208-11 (b) The state auditor shall report to the governor and the
208-12 legislature not later than December 1, 1996, the results of the
208-13 evaluation conducted under Subsection (a) of this section.
208-14 SECTION 11.79. (a) In addition to the new changes in law
208-15 made by this article relating to job training and school dropout
208-16 prevention, this article conforms Sections 305.021(a) and (b),
208-17 Labor Code, as added by this article, to changes made by Section 1,
208-18 Chapter 183, Acts of the 73rd Legislature, Regular Session, 1993.
208-19 (b) Section 1, Chapter 183, Acts of the 73rd Legislature,
208-20 Regular Session, 1993, is repealed.
208-21 SECTION 11.80. The lieutenant governor shall appoint the
208-22 initial presiding officer to the oversight committee created under
208-23 Subchapter G, Chapter 301, Labor Code, as added by this article.
208-24 SECTION 11.81. The changes in law made by this article are
208-25 not intended to supersede the authority of the State Board of
208-26 Education, the Central Education Agency, or local school boards
208-27 over the curriculum of kindergarten through eighth grade.
209-1 ARTICLE 12. REPEALER; WAIVERS; EFFECTIVE DATE; EMERGENCY
209-2 SECTION 12.01. REPEALER. Sections 31.011 and 31.013, Human
209-3 Resources Code, are repealed.
209-4 SECTION 12.02. WAIVERS. If before implementing any
209-5 provision of this Act, the Texas Department of Human Services, the
209-6 Title IV-D agency, or another agency determines that a waiver or
209-7 authorization from a federal agency is necessary for implementation
209-8 of that provision, the department or the agency affected by the
209-9 provision shall request the waiver or authorization and may delay
209-10 implementing that provision until the waiver or authorization is
209-11 granted. In order to implement Section 31.014, Human Resources
209-12 Code, providing benefits to certain two-parent families, the
209-13 department shall reapply for any needed waiver or authorization
209-14 whether or not implementation of the program would be cost-neutral.
209-15 SECTION 12.03. EFFECTIVE DATE. Except as otherwise provided
209-16 by this Act, this Act takes effect September 1, 1995.
209-17 SECTION 12.04. Emergency. The importance of this
209-18 legislation and the crowded condition of the calendars in both
209-19 houses create an emergency and an imperative public necessity that
209-20 the constitutional rule requiring bills to be read on three several
209-21 days in each house be suspended, and this rule is hereby suspended,
209-22 and that this Act take effect and be in force according to its
209-23 terms, and it is so enacted.