By Ellis S.B. No. 596
74R5714 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation of certain programs regarding job
1-3 training, labor, and employment, the creation of a statewide
1-4 workforce development system, and the creation and operation of the
1-5 Texas Workforce Development Department.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. WORKFORCE DEVELOPMENT
1-8 SECTION 1.01. The heading of Subtitle B, Title 4, Labor
1-9 Code, is amended to read as follows:
1-10 SUBTITLE B. WORKFORCE DEVELOPMENT; <ADDITIONAL>
1-11 EMPLOYMENT SERVICES
1-12 SECTION 1.02. Subtitle B, Title 4, Labor Code, is amended by
1-13 adding new Chapters 301 and 302 to read as follows:
1-14 CHAPTER 301. GENERAL PROVISIONS
1-15 Sec. 301.001. APPLICATION OF SUNSET ACT. The Texas
1-16 Workforce Development Department is subject to Chapter 325,
1-17 Government Code (Texas Sunset Act). Unless continued in existence
1-18 as provided by that chapter, the department is abolished September
1-19 1, 2007.
1-20 Sec. 301.002. DEFINITIONS. Except as otherwise provided, in
1-21 this subtitle:
1-22 (1) "Commission" means the Texas Employment
1-23 Commission.
1-24 (2) "Commissioner" means the commissioner of workforce
2-1 development.
2-2 (3) "Council" means the Council on Workforce and
2-3 Economic Competitiveness.
2-4 (4) "Department" means the Texas Workforce Development
2-5 Department.
2-6 CHAPTER 302. TEXAS WORKFORCE DEVELOPMENT DEPARTMENT
2-7 SUBCHAPTER A. ORGANIZATION
2-8 Sec. 302.001. PURPOSE. The Texas Workforce Development
2-9 Department is a state agency created to administer workforce
2-10 training and service in this state, in particular through the
2-11 consolidation of job training, employment, and employment-related
2-12 educational programs conducted by this state.
2-13 Sec. 302.002. AGENCY STRUCTURE. The department is composed
2-14 of the commissioner of workforce development and the staff of the
2-15 department.
2-16 (Sections 302.003-302.020 reserved for expansion
2-17 SUBCHAPTER B. COMMISSIONER; AGENCY ADMINISTRATION
2-18 Sec. 302.021. COMMISSIONER; GENERAL POWERS AND DUTIES. (a)
2-19 The commission shall recommend to the governor an individual to be
2-20 named as commissioner of workforce development. The governor may
2-21 either appoint the individual or reject the nomination. If the
2-22 governor rejects the nomination, the commission shall recommend
2-23 additional appointees until the governor makes the appointment.
2-24 Appointment of the commissioner is subject to confirmation by the
2-25 senate.
2-26 (b) The commissioner shall serve a two-year term that
2-27 expires on February 1 of each odd-numbered year. The commissioner
3-1 may serve consecutive terms.
3-2 (c) To be appointed commissioner, a person must have broad
3-3 experience, with recognized abilities of the highest order in
3-4 organization, direction, and coordination of workforce development
3-5 programs and in the administration and management of employment
3-6 programs generally. The commissioner must be a citizen of the
3-7 United States.
3-8 (d) The commissioner shall execute an official bond in an
3-9 amount not to exceed $50,000, conditioned on the faithful
3-10 performance of the duties of the office as prescribed by the laws
3-11 of this state and by Chapter 653, Government Code.
3-12 (e) The commissioner shall:
3-13 (1) appoint and prescribe the duties of all officers,
3-14 administrators, accountants, attorneys, experts, and other
3-15 employees as necessary in the performance of the department's
3-16 duties;
3-17 (2) delegate authority to persons appointed under this
3-18 section as the commissioner considers reasonable and proper for the
3-19 effective administration of the department;
3-20 (3) adopt rules in accordance with Chapter 2001,
3-21 Government Code, as necessary for the proper administration of the
3-22 department;
3-23 (4) prepare and submit an annual agency performance
3-24 report to the commission;
3-25 (5) respond promptly in writing to any reasonable
3-26 request for information made by a member of the commission; and
3-27 (6) bond any person who handles money or signs checks
4-1 for the department.
4-2 (f) The commissioner may obligate funds from the smart jobs
4-3 fund and the skills development fund in a manner consistent with
4-4 the rules adopted for those programs. The commissioner is not
4-5 required to receive commission approval for decisions made under
4-6 this subsection, but shall report to the commission on a quarterly
4-7 basis regarding actions taken under this subsection. Submission
4-8 by the commissioner of a quarterly report under this subsection
4-9 does not supersede the requirement to provide information under
4-10 Subsection (e)(5).
4-11 Sec. 302.022. PERSONNEL POLICIES. (a) The commissioner
4-12 shall develop an intra-agency career ladder program for employees
4-13 of the department. The program shall require the intra-agency
4-14 posting of all non-entry-level positions concurrently with any
4-15 public posting.
4-16 (b) The commissioner shall develop a system of annual
4-17 performance evaluations based on measurable job tasks. All merit
4-18 pay for department employees must be based on the system
4-19 established under this subsection.
4-20 Sec. 302.023. STANDARDS OF CONDUCT INFORMATION. The
4-21 commissioner shall provide to the department's employees as often
4-22 as necessary information regarding their qualifications under this
4-23 chapter and their responsibilities under applicable laws relating
4-24 to standards of conduct for state officers and employees.
4-25 Sec. 302.024. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a)
4-26 The commissioner shall prepare and maintain a written policy
4-27 statement to ensure implementation of a program of equal employment
5-1 opportunity under which all personnel transactions are made without
5-2 regard to race, color, disability, sex, religion, age, or national
5-3 origin. The policy statement must include:
5-4 (1) personnel policies, including policies relating to
5-5 recruitment, evaluation, selection, appointment, training, and
5-6 promotion of personnel that are in compliance with Chapter 21;
5-7 (2) a comprehensive analysis of the department's
5-8 workforce that meets federal and state guidelines;
5-9 (3) procedures by which a determination can be made of
5-10 significant underuse in the department's workforce of all persons
5-11 for whom federal or state guidelines encourage a more equitable
5-12 balance; and
5-13 (4) reasonable methods to appropriately address those
5-14 areas of underuse.
5-15 (b) A policy statement under Subsection (a) must cover an
5-16 annual period, be updated annually, be reviewed by the Commission
5-17 on Human Rights for compliance with Subsection (a), and be filed
5-18 with the governor's office.
5-19 (c) The governor's office shall deliver a biennial report to
5-20 the legislature based on the information received under Subsection
5-21 (b). The report may be made separately or as part of other
5-22 biennial reports to the legislature.
5-23 (Sections 302.025-302.040 reserved for expansion
5-24 SUBCHAPTER C. JURISDICTION OF WORKFORCE DEVELOPMENT DEPARTMENT
5-25 Sec. 302.041. CONSOLIDATION OF WORKFORCE DEVELOPMENT
5-26 PROGRAMS. (a) In cooperation with the local workforce development
5-27 boards created under Article 4, Workforce and Economic
6-1 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
6-2 Statutes), the commissioner shall administer:
6-3 (1) adult education programs under Section 11.18,
6-4 Education Code;
6-5 (2) proprietary schools programs under Chapter 32,
6-6 Education Code;
6-7 (3) apprenticeship programs under Chapter 33,
6-8 Education Code;
6-9 (4) the employment incentive programs under Chapter
6-10 31, Human Resources Code;
6-11 (5) the employment program under Chapter 101, Human
6-12 Resources Code;
6-13 (6) the employer new hire reporting program under
6-14 Chapter 76, Human Resources Code;
6-15 (7) the work and family policies program under Chapter
6-16 81;
6-17 (8) job training programs under Chapter 303 (Texas Job
6-18 Training Partnership Act);
6-19 (9) the job counseling program for displaced
6-20 homemakers under Chapter 304;
6-21 (10) the Communities in Schools program under Chapter
6-22 305;
6-23 (11) the reintegration of offenders program under
6-24 Chapter 306;
6-25 (12) the Texas State Employment Service under Chapter
6-26 307;
6-27 (13) the smart jobs fund program created under
7-1 Subchapter J, Chapter 481, Government Code;
7-2 (14) the workforce development programs under Section
7-3 4.01, Workforce and Economic Competitiveness Act (Article 5190.7a,
7-4 Vernon's Texas Civil Statutes);
7-5 (15) the inmate employment counseling program under
7-6 Section 499.051(f), Government Code;
7-7 (16) the continuity of care program under Section
7-8 501.095, Government Code;
7-9 (17) a literacy program from funds available to the
7-10 state under Section 481.026, Government Code;
7-11 (18) the community service program under the National
7-12 and Community Service Act of 1990 (42 U.S.C. Section 12501 et
7-13 seq.); and
7-14 (19) the trade adjustment allowance program under Part
7-15 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
7-16 seq.).
7-17 (b) To the extent authorized under federal law, the
7-18 commissioner shall administer in this state:
7-19 (1) the Job Opportunities and Basic Skills program
7-20 under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
7-21 682); and
7-22 (2) the food stamp employment and training program
7-23 authorized under 7 U.S.C. Section 2015(d).
7-24 Sec. 302.042. GENERAL POWERS AND DUTIES. (a) The
7-25 department shall meet the needs of:
7-26 (1) the businesses of this state for a highly skilled
7-27 and productive workforce;
8-1 (2) the workers of this state for education, skills
8-2 training, and labor market information to enhance their ability to
8-3 be employed and to attain a decent standard of living; and
8-4 (3) the taxpayers of this state to ensure that tax
8-5 revenues for workforce development are spent effectively and
8-6 efficiently.
8-7 (b) The commissioner shall:
8-8 (1) administer all programs and corresponding federal
8-9 and state legislation consolidated under the department's authority
8-10 by this chapter;
8-11 (2) determine the organization and methods of
8-12 procedure of the department in accordance with all applicable state
8-13 and federal legislation;
8-14 (3) promote the adoption of high skill, high
8-15 performance work organizations in this state;
8-16 (4) implement workforce training and services policies
8-17 and programs, consistent with recommendations from the council and
8-18 as approved by the governor;
8-19 (5) support research and demonstration projects
8-20 designed to develop new programs and approaches to service
8-21 delivery;
8-22 (6) serve as an advocate at the state and federal
8-23 levels for the local workforce development boards;
8-24 (7) contract with local workforce development boards
8-25 for program planning and service delivery;
8-26 (8) provide training and professional development
8-27 services for department staff and local workforce development
9-1 boards and their staff;
9-2 (9) provide technical assistance and support to local
9-3 workforce development boards; and
9-4 (10) perform other functions and duties as may be
9-5 required by law or assigned by the governor.
9-6 (c) The commissioner may adopt rules, make expenditures,
9-7 enter into contracts with public, private, and nonprofit
9-8 organizations, require reports, conduct investigations, and take
9-9 other action the commissioner considers necessary or suitable to
9-10 fulfill the department's administrative duties.
9-11 Sec. 302.043. STATE-LOCAL PLANNING. The commissioner shall
9-12 design and implement a state-local planning process for workforce
9-13 training and services provided through the programs under the
9-14 jurisdiction of the commissioner.
9-15 Sec. 302.044. REVIEW OF LOCAL PLANS; RECOMMENDATIONS. The
9-16 commissioner shall review the local workforce training and services
9-17 plans developed under Section 4.05, Workforce and Economic
9-18 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
9-19 Statutes), and shall make recommendations to the council regarding
9-20 the implementation of those plans.
9-21 Sec. 302.045. WAIVERS. The commissioner shall develop
9-22 objective criteria for the granting of waivers allowed under this
9-23 chapter.
9-24 Sec. 302.046. CLIENT ACCESSIBILITY. The commissioner shall
9-25 develop a plan to ensure client accessibility to workforce
9-26 programs. The plan must include a uniform statewide client
9-27 application system to determine an applicant's eligibility for a
10-1 workforce program for which state or federal financial assistance
10-2 is available.
10-3 Sec. 302.047. INTEGRATION OF PROGRAM ADMINISTRATION. (a)
10-4 The commissioner shall develop a plan for the integration of the
10-5 administrative functions of the various education, job training,
10-6 and employment programs under the jurisdiction and authority of the
10-7 commissioner.
10-8 (b) The plan under Subsection (a) shall specify dates by
10-9 which integration of the various functions must be completed. To
10-10 the extent possible, the plan shall rely on existing state and
10-11 available federal funds to ensure minimum disruption of services.
10-12 (c) The plan under Subsection (a) shall be developed and
10-13 submitted to the governor, the legislature, and the council not
10-14 later than December 1, 1996.
10-15 (d) This section expires January 1, 1997.
10-16 (Sections 302.048-302.060 reserved for expansion
10-17 SUBCHAPTER D. LOCAL WORKFORCE DEVELOPMENT BOARDS
10-18 Sec. 302.061. TRAINING FOR LOCAL WORKFORCE DEVELOPMENT BOARD
10-19 MEMBERS. (a) The department shall provide management and board
10-20 development training for all members of local workforce development
10-21 boards that includes information regarding the importance of high
10-22 quality workforces to the economic prosperity of their communities
10-23 and encourages board members to be advocates in their communities
10-24 for effective and efficient workforce development programs. If a
10-25 member of a workforce development board does not receive training
10-26 under this section before the 91st day after the date on which the
10-27 member begins service on the board, the person is ineligible to
11-1 continue serving on the board.
11-2 (b) Training may be provided directly by the department or
11-3 by a third party that has demonstrated experience in providing
11-4 training to local workforce development or similar boards. The
11-5 council periodically shall review and appraise the quality of
11-6 training.
11-7 (c) A local workforce development board shall provide at
11-8 least 25 percent of the costs for the management and board
11-9 development training of its members.
11-10 SECTION 1.03. Chapter 301, Labor Code, is redesignated as
11-11 Chapter 303, Labor Code, and amended to read as follows:
11-12 CHAPTER 303 <301>. JOB TRAINING PARTNERSHIP ACT
11-13 SUBCHAPTER A. GENERAL PROVISIONS
11-14 Sec. 303.001 <301.001>. Short Title. This chapter may be
11-15 cited as the Texas Job Training Partnership Act.
11-16 Sec. 303.002 <301.002>. Purpose. The purpose of this
11-17 chapter is to facilitate the development and implementation of
11-18 effective state and local systems for managing job training,
11-19 employment, and related programs in this state, as authorized by
11-20 the federal act.
11-21 Sec. 303.003 <301.003>. State Policy. It is the policy of
11-22 this state that:
11-23 (1) all available resources from federal, state, and
11-24 local governments, business, labor, and community-based
11-25 organizations are coordinated to develop and promote a balanced,
11-26 equitable, and cost-beneficial employment and training system;
11-27 (2) the governor and the legislature consult in
12-1 implementing the federal act and this chapter; and
12-2 (3) to reduce dependency on public assistance, the
12-3 programs created under this chapter emphasize service to AFDC
12-4 recipients.
12-5 Sec. 303.004 <301.004>. State Goals. (a) It is a goal of
12-6 this state to assist its citizens to obtain gainful employment and
12-7 to reduce dependency on public assistance and unemployment
12-8 compensation by:
12-9 (1) preparing young people and unskilled adults who
12-10 are economically disadvantaged for entry into the work force;
12-11 (2) assisting citizens faced with serious barriers to
12-12 employment, including age, disability, lack of education, and
12-13 locality, to overcome those barriers;
12-14 (3) taking an affirmative role in ensuring the maximum
12-15 use of available resources in planning, implementing, and
12-16 facilitating this chapter through a partnership of individuals from
12-17 the various diverse communities of the state, including
12-18 representatives of business communities, local and state
12-19 government, ethnic communities, education communities, and the
12-20 various cultural and socioeconomic communities, in participation in
12-21 decision-making and policy-making activities associated with
12-22 programs created under this chapter; and
12-23 (4) retraining individuals whose current skills are no
12-24 longer in demand in the labor market or who have been laid off from
12-25 full-time employment, and who must upgrade their work skills to
12-26 return to the work force.
12-27 (b) It is a goal of this state to develop a well-trained,
13-1 productive work force to meet the needs of a changing economy by:
13-2 (1) coordinating existing labor market information to
13-3 maximize its utility for planning and operating programs;
13-4 (2) providing enhanced employment and training
13-5 capabilities that are specially designed to meet the needs of
13-6 business and industry, including industries that use advanced
13-7 technology;
13-8 (3) linking employment and training services with
13-9 economic development efforts; and
13-10 (4) coordinating planning and delivery of job
13-11 training, employment, and related programs provided by separate
13-12 state agencies to improve the efficiency and effectiveness of those
13-13 programs.
13-14 Sec. 303.005 <301.005>. Definitions. (a) In this chapter:
13-15 (1) "Committee" means the monitoring committee
13-16 established under Section 303.026 <301.026>.
13-17 (2) <"Department" means the Texas Department of
13-18 Commerce.>
13-19 <(3)> "Federal act" means the federal Job Training
13-20 Partnership Act (29 U.S.C. Section 1501 et seq.).
13-21 (3) <(4)> "Grant recipient" means an entity that
13-22 contracts for and receives funds from the governor.
13-23 (4) <(5)> "Labor market area" means an economically
13-24 integrated geographical area within which individuals may reside
13-25 and find employment within a reasonable distance.
13-26 (5) <(6)> "Service delivery area" means a geographic
13-27 area designated as a service delivery area under Section 303.041
14-1 <301.041>.
14-2 (6) <(7)> "State council" means the State Job Training
14-3 Coordinating Council.
14-4 (b) The definitions provided by Section 4 of the federal act
14-5 apply to this chapter, except that "governor" means the governor of
14-6 this state.
14-7 Sec. 303.006. PRIVATE INDUSTRY COUNCIL; LOCAL WORKFORCE
14-8 DEVELOPMENT BOARD. For the purposes of this chapter, "private
14-9 industry council" refers to both:
14-10 (1) the entity described as a private industry council
14-11 by the federal act; and
14-12 (2) a local workforce development board in a local
14-13 market area in which a local workforce development board created
14-14 under Article 4, Workforce and Economic Competitiveness Act
14-15 (Article 5190.7a, Vernon's Texas Civil Statutes), has been
14-16 established.
14-17 (Sections 303.007-303.020 <301.006-301.020>
14-18 reserved for expansion)
14-19 SUBCHAPTER B. STATE ADMINISTRATION
14-20 Sec. 303.021 <301.021>. General Duties of Governor's Office
14-21 and Staff. (a) The governor or the governor's delegated agency is
14-22 responsible for the planning, monitoring, implementing, and
14-23 evaluating of job training, employment, and related programs as
14-24 provided for by the federal act.
14-25 (b) A job training and employment staff is in the governor's
14-26 office. The staff has responsibility for policy development,
14-27 program planning, monitoring, and evaluation of the programs under
15-1 this chapter in coordination with existing state agencies as
15-2 provided under the federal act. The staff shall:
15-3 (1) assist the state council as directed by the
15-4 governor; and
15-5 (2) perform other functions relating to the job
15-6 training, employment, and related programs as assigned by the
15-7 governor.
15-8 Sec. 303.022 <301.022>. General Duties of Department. The
15-9 department has primary responsibility for implementation and
15-10 management of the job training program. The department shall
15-11 perform other functions relating to the job training program as
15-12 assigned by the governor.
15-13 Sec. 303.023 <301.023>. Composition of State Job Training
15-14 Coordinating Council; Meetings. (a) The governor shall appoint
15-15 the members of the State Job Training Coordinating Council in
15-16 accordance with the federal act. The state council may not have
15-17 more than 40 members, including the presiding officer.
15-18 (b) The state council shall meet at least once quarterly.
15-19 Sec. 303.024 <301.024>. Duties of State Council. The state
15-20 council shall:
15-21 (1) develop and recommend statewide goals and program
15-22 objectives;
15-23 (2) identify needs for training and employment
15-24 services;
15-25 (3) review operations of local programs and state
15-26 agencies providing job training, employment, and related programs
15-27 identified in the federal act;
16-1 (4) establish standards for coordinating program
16-2 planning and operations;
16-3 (5) evaluate the results of state and local training
16-4 and employment services;
16-5 (6) develop and recommend to the governor the state's
16-6 coordination and special services plan;
16-7 (7) perform the functions assigned to the state job
16-8 training coordinating council for the job opportunities and basic
16-9 skills program under Title IV of the Social Security Act (42 U.S.C.
16-10 Section 681 et seq.);
16-11 (8) perform the functions of the advisory council
16-12 required under the Wagner-Peyser Act (29 U.S.C. Section 49), as
16-13 implemented under Subtitle A (Texas Unemployment Compensation Act);
16-14 (9) assist each private industry council in developing
16-15 programs to serve AFDC recipients;
16-16 (10) develop conflict-of-interest guidelines relating
16-17 to the participation of a member of a private industry council in a
16-18 contract with the service delivery area administered by that
16-19 private industry council; and
16-20 (11) perform functions relating to job training,
16-21 employment, and related programs as required by the federal act or
16-22 as assigned by the governor.
16-23 Sec. 303.025 <301.025>. Submission of Agency Information to
16-24 State Council. A state agency providing an employment, job
16-25 training, or related program shall:
16-26 (1) provide to the state council information for
16-27 planning, reviewing program operations, and evaluating program
17-1 results as required by the governor; and
17-2 (2) submit the agency's plans to the state council.
17-3 Sec. 303.026 <301.026>. Monitoring Committee; Submission of
17-4 Agency Information. (a) A joint committee appointed by the
17-5 speaker of the house of representatives and the lieutenant governor
17-6 shall monitor the progress of the implementation of this chapter.
17-7 The committee shall recommend:
17-8 (1) any necessary legislative action or remedies for
17-9 the next regular session of the legislature; and
17-10 (2) congressional remedies.
17-11 (b) To monitor implementation of this chapter as required by
17-12 Subsection (a), the committee may oversee each employment, job
17-13 training, and related program conducted by a state agency. Each
17-14 state agency that conducts such a program shall cooperate fully
17-15 with the committee and shall submit information and reports to the
17-16 committee as requested by the committee.
17-17 Sec. 303.027 <301.027>. Submission of Audit Information to
17-18 Committee. (a) To obtain information necessary to monitor the
17-19 progress of the implementation of this chapter, the committee is
17-20 entitled to receive the results of audits that relate to state and
17-21 local job training plans. The committee may prescribe the form in
17-22 which the results are reported to the committee.
17-23 (b) The state auditor shall submit to the committee the
17-24 results of a financial audit, effectiveness audit, or compliance
17-25 audit conducted under Section 321.013, Government Code, that relate
17-26 to the operation of an employment, job training, or related program
17-27 administered by a state agency.
18-1 (c) The private industry council and appropriate chief
18-2 elected official of each service delivery area shall submit to the
18-3 state auditor, in the manner directed by the state auditor, the
18-4 results of an audit conducted under audit procedures established
18-5 under Section 303.052(b) <301.052(b)> that relates to the operation
18-6 of the service delivery area's program of job training, employment,
18-7 or related services. The state auditor shall compile a summary of
18-8 audit results from the information received from each service
18-9 delivery area and shall submit the summary in writing to the
18-10 committee.
18-11 Sec. 303.028 <301.028>. POLICIES AND RULES. (a) The
18-12 governor may adopt policies <rules> to implement this chapter and
18-13 the federal act.
18-14 (b) The commissioner shall adopt necessary rules for the
18-15 implementation and management of the job training program.
18-16 Sec. 303.029. CONTESTED CASES. A proceeding of the
18-17 department involving the job training program is not subject to the
18-18 provisions of Chapter 2001, Government Code, relating to contested
18-19 cases.
18-20 (Sections 303.030-303.040 <301.029-301.040>
18-21 reserved for expansion)
18-22 SUBCHAPTER C. PROGRAM DELIVERY SYSTEM--
18-23 STATE AND LOCAL RESPONSIBILITIES
18-24 Sec. 303.041 <301.041>. Designation of Service Delivery
18-25 Areas. The governor shall designate service delivery areas
18-26 according to the procedures established by the federal act so that:
18-27 (1) each service delivery area is composed of one or
19-1 more units of local government within which programs can be
19-2 efficiently and effectively provided;
19-3 (2) each service delivery area meets the federal act
19-4 requirements for the establishment of a service delivery area;
19-5 (3) the number of service delivery areas, to the
19-6 extent feasible, is kept to a minimum for administrative
19-7 efficiency; and
19-8 (4) the size of each service delivery area entitles
19-9 the area to receive an allocation of funds sufficient to plan and
19-10 operate an effective local program, as determined by the governor.
19-11 Sec. 303.042 <301.042>. Certification of Private Industry
19-12 Councils. The governor shall certify a private industry council in
19-13 each service delivery area when the governor determines that the
19-14 appointment procedures and composition of the membership of the
19-15 private industry council are consistent with the requirements of
19-16 the federal act.
19-17 Sec. 303.043 <301.043>. Standards for Local Administrative
19-18 Entity. The governor shall prescribe standards for the selection
19-19 of a local entity to administer programs authorized under the
19-20 federal act to ensure that the entity can:
19-21 (1) develop plans and provide for efficient and
19-22 effective programs;
19-23 (2) provide accurate management information when
19-24 required; and
19-25 (3) properly disburse, account for, and control all
19-26 fund expenditures.
19-27 Sec. 303.044 <301.044>. Composition of Private Industry
20-1 Councils. (a) The appropriate chief elected officials in each
20-2 service delivery area shall select the members and the initial size
20-3 of the private industry council for the area in accordance with
20-4 procedures specified in the federal act.
20-5 (b) Each private industry council must include a
20-6 representative of the local Texas Department of Human Services
20-7 region.
20-8 Sec. 303.045 <301.045>. Agreement for Local Procedures. The
20-9 appropriate chief elected officials in a service delivery area
20-10 shall enter into an agreement with the private industry council of
20-11 the area to determine procedures for:
20-12 (1) the selection of the grant recipient, the planning
20-13 entity, and the administrative entity for the service delivery
20-14 area; and
20-15 (2) the development of the local job training plan.
20-16 Sec. 303.046 <301.046>. Preparation and Submission of Local
20-17 Plans. The appropriate chief elected officials in each service
20-18 delivery area and the private industry council of the area shall,
20-19 in accordance with their agreement:
20-20 (1) prepare a plan that provides a comprehensive
20-21 program of job training, employment, and related services in
20-22 response to the needs of the eligible persons within the service
20-23 delivery area;
20-24 (2) submit the plan before the 120th day before the
20-25 beginning date of the plan to the committee, each house of the
20-26 legislature, and other entities as prescribed by the federal act;
20-27 and
21-1 (3) develop jointly with the Texas State Employment
21-2 Service those components of the state plan required under the
21-3 Wagner-Peyser Act (29 U.S.C. Section 49g) that are applicable to
21-4 that service delivery area.
21-5 Sec. 303.047 <301.047>. Approval of Local Plan. The
21-6 governor shall approve or disapprove a final local job training
21-7 plan or modification according to the standards established by the
21-8 federal act.
21-9 Sec. 303.048 <301.048>. Local Implementation; Service
21-10 Delivery Area Coordination. (a) The appropriate chief elected
21-11 officials in each service delivery area and the private industry
21-12 council for the area shall:
21-13 (1) allocate available resources to its program of job
21-14 training, employment, and related services;
21-15 (2) develop procedures and standards for the selection
21-16 of eligible participants and their eligibility determination; and
21-17 (3) select service providers with a demonstrated
21-18 capability to provide effective services and achieve performance
21-19 goals.
21-20 (b) If a single labor market area contains more than one
21-21 service delivery area, the appropriate chief elected officials and
21-22 the private industry council for each of the applicable service
21-23 delivery areas shall coordinate their activities as required by the
21-24 federal act.
21-25 Sec. 303.049 <301.049>. Governor's Coordination and Special
21-26 Services Plan and Activities. (a) The governor or the governor's
21-27 delegated agency shall:
22-1 (1) prepare a statement of goals and objectives for
22-2 job training and placement programs;
22-3 (2) provide specifications for the design,
22-4 development, and operation of a statewide uniform labor market
22-5 information system to facilitate the timely availability of
22-6 employment and training information throughout the state;
22-7 (3) develop and provide to service delivery areas
22-8 information on a state and local basis regarding economic,
22-9 industrial, and labor market conditions;
22-10 (4) plan, provide for the operation of, and evaluate
22-11 special model or demonstration programs, including programs
22-12 receiving financial assistance from private sources;
22-13 (5) make available to service delivery areas, with or
22-14 without reimbursement and on request, appropriate information and
22-15 technical assistance to assist in developing and implementing plans
22-16 and programs; and
22-17 (6) provide preservice and in-service training to
22-18 improve the professional capability of managers and technical staff
22-19 of state agencies, local administrative entities, private industry
22-20 councils, and contractors involved in planning and operating
22-21 programs.
22-22 (b) The governor shall submit a coordination and special
22-23 services plan to the United States secretary of labor in accordance
22-24 with the federal act.
22-25 Sec. 303.050 <301.050>. Review and Comment by Legislature.
22-26 (a) The legislature may review and comment on the job training
22-27 plan submitted from each service delivery area.
23-1 (b) The governor shall submit the governor's coordination
23-2 and special services plan to the lieutenant governor and the
23-3 speaker of the house of representatives not later than February 1
23-4 of each odd-numbered year. The lieutenant governor and speaker
23-5 shall refer the plan to the appropriate senate and house committees
23-6 for review and comment.
23-7 Sec. 303.051 <301.051>. Performance Standard Variations.
23-8 The governor shall prescribe, within parameters established by the
23-9 secretary, variations in the performance standards for programs
23-10 under the federal act. The variations must recognize the economic,
23-11 geographic, and demographic differences in the various regions of
23-12 the state.
23-13 Sec. 303.052 <301.052>. Program Recordkeeping,
23-14 Accountability, and Audits. (a) The governor or the governor's
23-15 delegated agency shall:
23-16 (1) establish and maintain a computerized statewide
23-17 management information system to collect and maintain the
23-18 financial, participant, and program information necessary to ensure
23-19 monthly program accountability;
23-20 (2) develop and formally issue procedures to ensure
23-21 consistency of definitions, formats, recordkeeping, information
23-22 gathering, and reporting, including procedures concerning:
23-23 (A) planning and contracting;
23-24 (B) labor market information;
23-25 (C) financial management;
23-26 (D) participant tracking;
23-27 (E) monitoring;
24-1 (F) evaluations;
24-2 (G) audits;
24-3 (H) complaints and grievance procedures;
24-4 (I) personnel standards, including equal
24-5 opportunity compliance; and
24-6 (J) property management;
24-7 (3) at least once annually, monitor or provide for the
24-8 monitoring of each grant recipient and contractor to ensure
24-9 compliance; and
24-10 (4) at least once every two years, provide for an
24-11 independent audit of each recipient of funds authorized under the
24-12 federal act.
24-13 (b) The appropriate chief elected officials in each service
24-14 delivery area and the private industry council of the area shall,
24-15 in accordance with their agreement:
24-16 (1) prepare and submit an annual report to the
24-17 governor in accordance with the federal act;
24-18 (2) establish procedures for providing oversight of
24-19 all programs conducted under the local job training plan;
24-20 (3) maintain records and a management information
24-21 system designed to facilitate uniform compilation and analysis of
24-22 programmatic and financial information for the service delivery
24-23 area, consistent with federal and state requirements; and
24-24 (4) establish fiscal, audit, and debt-collection
24-25 procedures to ensure the proper disbursal, use, and accounting of
24-26 all funds provided under the federal act.
24-27 Sec. 303.053 <301.053>. Programs for Student Dropouts.
25-1 (a) To provide educational services to student dropouts, the
25-2 department may contract with public community and junior colleges
25-3 and private, nonprofit organizations that conduct model or
25-4 exemplary youth programs that meet the unique educational needs of
25-5 student dropouts. In entering into a contract, the department must
25-6 follow the same procedure as a state agency contracting with a
25-7 private consultant under Subchapter B, Chapter 2254, Government
25-8 Code <454, Acts of the 65th Legislature, Regular Session, 1977
25-9 (Article 6252-11c, Vernon's Texas Civil Statutes)>.
25-10 (b) A contract entered into under this section must be
25-11 structured to encourage partnerships among public school districts,
25-12 public community and junior colleges, private industry councils,
25-13 and the private, nonprofit organizations.
25-14 (c) A program provided under a contract entered into under
25-15 this section must provide services that attempt to:
25-16 (1) return student dropouts to the public school
25-17 system;
25-18 (2) prepare student dropouts to complete the
25-19 requirements for a general equivalency or adult proficiency level
25-20 diploma; and
25-21 (3) prepare student dropouts to obtain permanent
25-22 employment.
25-23 (d) A program provided under a contract entered into under
25-24 this section must provide a curriculum that is flexible and
25-25 innovative and that provides training in basic skills.
25-26 (e) An organization providing a program under this section
25-27 shall document its overall strategy and success rate in educating
26-1 student dropouts and provide this information to each school
26-2 district in the area the organization serves. The organization
26-3 shall request information from each of the school districts
26-4 regarding the referral process, curriculum, and instructional
26-5 resources of the program.
26-6 (f) The primary standard to be used in determining the
26-7 success rate of a program under this section is the rate at which
26-8 student dropouts in the program:
26-9 (1) return to public school;
26-10 (2) acquire a general equivalency or adult proficiency
26-11 level diploma;
26-12 (3) obtain permanent employment; and
26-13 (4) are not being arrested or prosecuted for a crime.
26-14 SECTION 1.04. Chapter 302, Labor Code, is redesignated as
26-15 Chapter 304, Labor Code, and amended to read as follows:
26-16 CHAPTER 304 <302>. EMPLOYMENT
26-17 COUNSELING FOR DISPLACED HOMEMAKERS
26-18 Sec. 304.001. DEFINITION <302.001. ><Definitions>. In this
26-19 chapter, "displaced<:>
26-20 <(1) "Commission" means the Texas Employment
26-21 Commission.>
26-22 <(2) "Displaced> homemaker" means a person who:
26-23 (1) <(A)> has worked without pay as a homemaker for
26-24 the person's family;
26-25 (2) <(B)> is not gainfully employed;
26-26 (3) <(C)> has had, or would have, difficulty in
26-27 obtaining employment; and
27-1 (4) <(D)> has depended on:
27-2 (A) <(i)> the income of a family member for
27-3 financial support and has lost that income; or
27-4 (B) <(ii)> government assistance as the parent
27-5 of dependent children and is no longer eligible for that
27-6 assistance.
27-7 Sec. 304.002 <302.002>. Job Counseling Program. (a) The
27-8 department <commission>, through a special assistance job
27-9 counseling program, shall:
27-10 (1) provide counseling for displaced homemakers;
27-11 (2) assist displaced homemakers in obtaining training
27-12 and education; and
27-13 (3) place displaced homemakers in suitable employment.
27-14 (b) The counseling must:
27-15 (1) consider and build on the skills and experiences
27-16 of the homemaker; and
27-17 (2) prepare the person, through employment counseling,
27-18 to reenter the paid work force and develop and improve job skills.
27-19 (c) The department <commission> shall design the program
27-20 specifically for persons reentering the paid work force after a
27-21 number of years as homemakers to enable them to assume or resume a
27-22 valuable role in the paid work force commensurate with the
27-23 homemakers' talents and abilities.
27-24 (d) The department <commission> may not charge a fee for
27-25 participation in the program by a displaced homemaker.
27-26 Sec. 304.003 <302.003>. Personnel; Office. The department
27-27 <commission> shall use its personnel, services, facilities, and
28-1 equipment to operate the job counseling program.
28-2 Sec. 304.004 <302.004>. Cooperation by State Agencies and
28-3 Political Subdivisions. State agencies and political subdivisions
28-4 of the state shall cooperate with the department <commission> in
28-5 obtaining suitable employment for displaced homemakers counseled by
28-6 the department <commission>.
28-7 SECTION 1.05. Chapter 216, Labor Code, is moved from
28-8 Subtitle A, Title 4, Labor Code, to Subtitle B of that title,
28-9 redesignated as Chapter 305, Labor Code, and amended to read as
28-10 follows:
28-11 CHAPTER 305 <216>. COMMUNITIES IN SCHOOLS PROGRAM
28-12 SUBCHAPTER A. GENERAL PROVISIONS
28-13 Sec. 305.001 <216.001>. Definitions. In this chapter:
28-14 (1) "Agency" means the Central Education Agency.
28-15 (2) "Communities in Schools program" means an
28-16 exemplary youth dropout prevention program.
28-17 Sec. 305.002 <216.002>. Statewide Operation of Program. It
28-18 is the intent of the legislature that the Communities in Schools
28-19 program operate throughout this state.
28-20 (Sections 305.003-305.010 <216.003-216.010>
28-21 reserved for expansion)
28-22 SUBCHAPTER B. OPERATION OF PROGRAM
28-23 Sec. 305.011 <216.011>. State Coordinator. The commissioner
28-24 <administrator of the commission> shall appoint a state coordinator
28-25 for the Communities in Schools program.
28-26 Sec. 305.012 <216.012>. Duties of State Coordinator. The
28-27 state coordinator shall:
29-1 (1) coordinate the efforts of social service
29-2 organizations and agencies and of public school personnel to
29-3 provide services to students who are at risk of dropping out of
29-4 school or engaging in delinquent conduct;
29-5 (2) set standards for the Communities in Schools
29-6 program;
29-7 (3) obtain information from each participating school
29-8 district to determine necessary program changes;
29-9 (4) promote and market the program in communities in
29-10 which the program is not established;
29-11 (5) help communities that want to participate in the
29-12 program establish a local funding base; and
29-13 (6) train a program director for each participating
29-14 community.
29-15 Sec. 305.013 <216.013>. Agency Cooperation; Memorandum of
29-16 Understanding. (a) The agency and the department <commission>
29-17 shall work together to maximize the effectiveness of the
29-18 Communities in Schools program.
29-19 (b) The agency and the department <commission> shall develop
29-20 and mutually agree to a memorandum of understanding to clearly
29-21 define the responsibilities of each agency under this chapter. The
29-22 memorandum must address:
29-23 (1) the role of the department <commission> in
29-24 encouraging local business to participate in local Communities in
29-25 Schools programs;
29-26 (2) the role of the agency in obtaining information
29-27 from participating school districts;
30-1 (3) the use of federal or state funds available to the
30-2 agency or the department <commission> for programs of this nature;
30-3 and
30-4 (4) other areas identified by the agency and the
30-5 commissioner <commission> that require clarification.
30-6 (c) The agency and the commissioner <commission> shall adopt
30-7 rules to implement the memorandum and shall update the memorandum
30-8 and rules annually.
30-9 (Sections 305.014-305.020 <216.014-216.020>
30-10 reserved for expansion)
30-11 SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS
30-12 Sec. 305.021 <216.021>. Designation of Participating
30-13 Schools. (a) The state coordinator, in cooperation with the
30-14 program directors in the counties or cities in which a Communities
30-15 in Schools program is <was> established on September 1, 1993
30-16 <1991>, shall designate <not more than 32 elementary schools and 76
30-17 secondary schools in those counties> to participate in the program:
30-18 (1) the campuses designated on September 1, 1991, for
30-19 original participation in the program for continuation in the
30-20 program; and
30-21 (2) not more than 135 additional elementary and
30-22 secondary schools in those counties or cities.
30-23 (b) The state coordinator, in cooperation with the program
30-24 directors in six <four> additional counties or cities designated by
30-25 the state coordinator, shall designate additional elementary and
30-26 secondary schools to participate in the Communities in Schools
30-27 program.
31-1 (c) The designation of secondary schools to participate in
31-2 the Communities in Schools program must be distributed among high
31-3 schools and junior high or middle schools.
31-4 Sec. 305.022 <216.022>. Participation in Program. An
31-5 elementary or secondary school designated under Section 305.021
31-6 <216.021> shall participate in the Communities in Schools program
31-7 if the number of students enrolled in the school who are at risk of
31-8 dropping out of school is equal to at least 10 percent of the
31-9 number of students in average daily attendance at the school, as
31-10 determined by the agency.
31-11 (Sections 305.023-305.030 <216.023-216.030>
31-12 reserved for expansion)
31-13 SUBCHAPTER D. PROGRAM FUNDING
31-14 Sec. 305.031 <216.031>. Donations to Program. (a) The
31-15 department <commission> may accept a donation of services or money
31-16 or other property that the commissioner <commission> determines
31-17 furthers the lawful objectives of the department <commission> in
31-18 connection with the Communities in Schools program.
31-19 (b) Donations must be accepted in an open meeting by <a
31-20 majority of the voting members of> the commissioner <commission>.
31-21 The donation, with the name of the donor and the purpose of the
31-22 donation, must be reported in the public records of the department
31-23 <commission>.
31-24 SECTION 1.06. Chapter 217, Labor Code, is moved from
31-25 Subtitle A, Title 4, Labor Code, to Subtitle B of that title,
31-26 redesignated as Chapter 306, Labor Code, and amended to read as
31-27 follows:
32-1 CHAPTER 306 <217>. PROJECT RIO (REINTEGRATION OF OFFENDERS)
32-2 Sec. 306.001 <217.001>. Definitions. In this chapter:
32-3 (1) "Department" means the Texas Department of
32-4 Criminal Justice.
32-5 (2) "Institutional division" means the institutional
32-6 division of the department.
32-7 (3) "Project RIO" means the project for reintegration
32-8 of offenders.
32-9 Sec. 306.002 <217.002>. Project Rio. The project for
32-10 reintegration of offenders is a statewide employment referral
32-11 program designed to reintegrate into the labor force persons
32-12 formerly confined in the institutional division.
32-13 Sec. 306.003 <217.003>. Administration. The department and
32-14 the commissioner <commission> shall cooperate to maximize the
32-15 effectiveness of Project RIO. For that purpose, the commissioner
32-16 <commission> shall administer the project.
32-17 Sec. 306.004 <217.004>. Memorandum of
32-18 Understanding--Adoption. (a) The department and the Texas
32-19 Workforce Development Department <commission> shall adopt a
32-20 memorandum of understanding that establishes the respective
32-21 responsibilities of each agency and of the divisions within the
32-22 department.
32-23 (b) The commissioner <commission> shall coordinate the
32-24 development of the memorandum of understanding. The department
32-25 shall adopt rules as necessary to implement the memorandum and may
32-26 amend the memorandum and those rules as necessary.
32-27 Sec. 306.005 <217.005>. Memorandum of
33-1 Understanding--Contents. (a) The memorandum of understanding must
33-2 establish the role of:
33-3 (1) the institutional division in ascertaining and
33-4 encouraging an inmate's chances for employment by:
33-5 (A) providing vocational and educational
33-6 assessment for the person while incarcerated in the division;
33-7 (B) developing a skills enhancement program for
33-8 the person while incarcerated, in cooperation with other
33-9 governmental, educational, and private entities, using available
33-10 public or private financial resources authorized by statute; and
33-11 (C) referring the person on release to the
33-12 project through the person's parole officer;
33-13 (2) the community justice assistance division and the
33-14 pardons and paroles division of the department in:
33-15 (A) encouraging and referring persons to the
33-16 project; and
33-17 (B) ensuring that those persons participate in
33-18 the project and avail themselves of its services; and
33-19 (3) the Texas Workforce Development Department
33-20 <commission> in developing and maintaining a statewide network for
33-21 finding positions of employment that require the skills possessed
33-22 by project participants and in helping those participants to secure
33-23 employment.
33-24 (b) The memorandum also must establish the methods by which
33-25 the Texas Workforce Development Department <commission> shall
33-26 coordinate its efforts under this chapter with the operations of
33-27 service providers operating under Chapter 303 <301> (Texas
34-1 Job-Training Partnership Act).
34-2 Sec. 306.006 <217.006>. Project Director. (a) The
34-3 commissioner <administrator of the commission> shall designate the
34-4 director of Project RIO to coordinate the efforts of the affected
34-5 state agencies and expedite the delivery of services to
34-6 participants in the project, including prospective employers.
34-7 (b) The project director shall:
34-8 (1) propose, for adoption by the commissioner
34-9 <commission>, standards and guidelines for the operation of the
34-10 project;
34-11 (2) obtain information from appropriate state agencies
34-12 and offices affiliated with the project to determine any necessary
34-13 changes in the project;
34-14 (3) disseminate information statewide about the
34-15 project; and
34-16 (4) train <commission> staff of the Texas Workforce
34-17 Development Department to assist in the operation of affiliated
34-18 services.
34-19 SECTION 1.07. Subchapter F, Chapter 202, Labor Code, is
34-20 transferred from Chapter 202, Labor Code, to Subtitle B, Title 4,
34-21 Labor Code, redesignated as Chapter 307, and amended to read as
34-22 follows:
34-23 CHAPTER 307. TEXAS STATE EMPLOYMENT SERVICE
34-24 <SUBCHAPTER F. EMPLOYMENT SERVICE>
34-25 Sec. 307.001 <202.081>. TEXAS STATE EMPLOYMENT SERVICE. (a)
34-26 The Texas State Employment Service is a division of the department
34-27 <commission>.
35-1 (b) The department <commission>, through the division, shall
35-2 establish and maintain free public employment offices as necessary
35-3 to perform the commissioner's <commission's> duties under the
35-4 Wagner-Peyser Act (29 U.S.C. Section 49 et seq.). The number and
35-5 locations of the public employment offices shall be determined by
35-6 the commissioner <commission> as necessary for the proper
35-7 administration of this subtitle.
35-8 Sec. 307.002 <202.082>. EMPLOYMENT SERVICES AGREEMENTS. (a)
35-9 To establish and maintain public employment offices under this
35-10 chapter <subchapter>, the commissioner <commission> may enter into
35-11 an agreement with any political subdivision of the state or with a
35-12 private or nonprofit organization and, as a part of the agreement,
35-13 accept money, services, or quarters as a contribution to the
35-14 employment service account.
35-15 (b) To establish and maintain, or assist in the
35-16 establishment and maintenance of, public employment offices within
35-17 a county or other political subdivision of this state, the
35-18 commissioners court of the county or the governing body of the
35-19 other political subdivision may enter into agreements with the
35-20 Texas State Employment Service on terms and conditions agreed to by
35-21 the commissioners court or other governing body and the Texas State
35-22 Employment Service. The county or other political subdivision may
35-23 employ means and appropriate and spend funds as necessary to
35-24 establish and operate the public employment offices, and may
35-25 provide, as part of the agreement, payment for:
35-26 (1) the rent of premises;
35-27 (2) services rendered;
36-1 (3) the purchase of equipment; and
36-2 (4) any other purpose considered advisable by the
36-3 commissioners court or other governing body.
36-4 <(c) The penalty provisions of this subtitle, including the
36-5 provisions of Chapters 213 and 214, do not apply to an action or
36-6 omission under Subsection (b).>
36-7 SECTION 1.08. Section 203.153, Labor Code, is transferred
36-8 from Chapter 203, Labor Code, to Subtitle B, Title 4, Labor Code,
36-9 redesignated as Section 307.003, and amended to read as follows:
36-10 Sec. 307.003 <203.153>. EMPLOYMENT SERVICE FINANCING. Money
36-11 received by the state under the Wagner-Peyser Act (29 U.S.C.
36-12 Section 49 et seq.) shall be deposited to the credit of the
36-13 employment service account in the general revenue <of the
36-14 administration> fund. The money in the account may be used by the
36-15 commissioner <commission> as provided by this chapter <Subchapter F
36-16 of Chapter 202> and the Wagner-Peyser Act.
36-17 SECTION 1.09. Sections 209.045 and 209.046, Labor Code, are
36-18 amended to read as follows:
36-19 Sec. 209.045. EMPLOYMENT SERVICE REFERRALS TO SUITABLE WORK.
36-20 The Texas State Employment Service <employment service> shall refer
36-21 a claimant entitled to extended benefits to suitable work that
36-22 meets the standards prescribed in Sections 209.046, 209.047(a), and
36-23 209.047(b).
36-24 Sec. 209.046. EXCEPTIONS TO REQUIREMENT TO ACCEPT OR APPLY
36-25 FOR SUITABLE WORK. An individual may not be denied extended
36-26 benefits for failure to accept a job offer of suitable work or
36-27 apply for suitable work if:
37-1 (1) the work was not offered to the individual in
37-2 writing and was not listed with the Texas State Employment Service
37-3 <employment service>; or
37-4 (2) failure to accept or apply for the work would not
37-5 result in a denial of benefits under the applicable suitable work
37-6 requirements for a regular benefit claimant in Section 207.008, to
37-7 the extent that the standards of suitability in that section are
37-8 not inconsistent with Section 209.047.
37-9 ARTICLE 2. SKILLS DEVELOPMENT FUND
37-10 (Article 2 reserved)
37-11 ARTICLE 3. CONFORMING AMENDMENTS--WORKFORCE AND
37-12 ECONOMIC COMPETITIVENESS ACT
37-13 SECTION 3.01. Section 2.02(b), Workforce and Economic
37-14 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
37-15 Statutes), is amended to read as follows:
37-16 (b) The council shall be composed of:
37-17 (1) the following ex officio voting members:
37-18 (A) the commissioner of education;
37-19 (B) the commissioner of higher education;
37-20 (C) the commissioner of <health and> human
37-21 services;
37-22 (D) the executive director of the Texas
37-23 Department of Commerce; <and>
37-24 (E) the administrator of the Texas Employment
37-25 Commission; and
37-26 (F) the commissioner of workforce development;
37-27 (2) six voting members appointed by the governor who
38-1 represent education, at least one of whom represents local public
38-2 education, one of whom represents public postsecondary education,
38-3 one of whom represents secondary vocational education, and one of
38-4 whom represents postsecondary vocational education;
38-5 (3) seven voting members who represent organized labor
38-6 appointed by the governor based on recommendations made by
38-7 recognized labor organizations;
38-8 (4) seven voting members appointed by the governor who
38-9 represent business and industry, including business members serving
38-10 on local workforce development boards or private industry councils;
38-11 (5) one voting member appointed by the governor who
38-12 represents a community-based organization;
38-13 (6) one voting member appointed by the governor who
38-14 represents a joint-sponsored apprenticeship program as defined by
38-15 the United States Department of Labor's Bureau of Apprenticeship
38-16 and Training appointed from a list of three nominees submitted to
38-17 the governor by the Apprenticeship and Training Association of
38-18 Texas;
38-19 (7) one voting member appointed by the governor who
38-20 represents a community-based adult literacy organization;
38-21 (8) one voting member appointed by the governor who
38-22 represents adult basic and continuing education programs;
38-23 (9) six voting members appointed by the governor each
38-24 of whom represents not more than one of the following categories:
38-25 (A) literacy groups;
38-26 (B) local welfare or public housing agencies;
38-27 (C) units of local government;
39-1 (D) adult education organizations;
39-2 (E) teachers or counselors;
39-3 (F) local service delivery organizations;
39-4 (G) special needs populations;
39-5 (H) rural and agricultural organizations;
39-6 (I) proprietary schools;
39-7 (J) members of the state legislature; and
39-8 (K) other groups and organizations; and
39-9 (10) the following ex officio nonvoting members:
39-10 (A) the chair of the State Board of Education;
39-11 (B) the chair of the Texas Higher Education
39-12 Coordinating Board;
39-13 (C) the presiding officer of the Texas Board of
39-14 Human Services;
39-15 (D) the presiding officer of the governing board
39-16 of the Texas Department of Commerce;
39-17 (E) the chair of the Texas Employment
39-18 Commission;
39-19 (F) the commissioner of the Texas Rehabilitation
39-20 Commission; <and>
39-21 (G) the executive director of the Texas
39-22 Commission for the Blind; and
39-23 (H) the commissioner of workforce development.
39-24 SECTION 3.02. Section 2.06(a), Workforce and Economic
39-25 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
39-26 Statutes), is amended to read as follows:
39-27 (a) The council shall:
40-1 (1) promote the development of a well-educated, highly
40-2 skilled workforce in this state through literacy, adult basic
40-3 education, community education, apprenticeship, and
40-4 state-of-the-art occupational skills education and training
40-5 programs;
40-6 (2) serve as an advocate for the development of an
40-7 integrated workforce development system to provide quality services
40-8 addressing the needs of business and workers in this state;
40-9 (3) promote and assist in the development of an
40-10 industry-based skills standards and certification system for
40-11 occupations requiring less than a baccalaureate-level education and
40-12 training;
40-13 (4) promote the development of high productivity
40-14 workplaces in this state;
40-15 (5) recommend to the governor the components of a
40-16 school and training-to-work transition process;
40-17 (6) develop and recommend to the governor a single
40-18 strategic plan that establishes the framework for the budgeting and
40-19 operation of all workforce development programs administered by
40-20 agencies represented on the council;
40-21 (7) recommend to the governor the designation of
40-22 workforce development areas for the local planning and delivery of
40-23 workforce development programs;
40-24 (8) identify and recommend to the governor incentives
40-25 to encourage the consolidation of local boards, councils, and
40-26 committees;
40-27 (9) <design and implement a state-local planning
41-1 process for the state's workforce training and services programs;>
41-2 <(10)> review local workforce training and services
41-3 plans and make recommendations to the governor for approval;
41-4 (10) <(11)> implement a statewide system for
41-5 evaluating the effectiveness of all workforce development programs
41-6 using the administrative records of the state's unemployment
41-7 compensation program and other sources as appropriate;
41-8 (11) <(12)> support research and demonstration
41-9 projects designed to develop new programs and approaches to service
41-10 delivery;
41-11 <(13) provide for training and professional
41-12 development for council members, local chief elected officials,
41-13 workforce development boards and staff, and private industry
41-14 councils and staff;>
41-15 (12) <(14)> serve as an advocate at the state and
41-16 federal levels for the local workforce development boards;
41-17 (13) <(15)> establish and operate a comprehensive
41-18 labor market information system that serves employers, students,
41-19 workers, and state and local planning organizations;
41-20 (14) <(16)> ensure that occupational skills training
41-21 is provided in occupations that are currently in demand at the
41-22 local level and is directed toward high-skill and high-wage jobs;
41-23 <(17) develop and recommend to the governor and
41-24 legislature not later than November 15, 1994, a plan for
41-25 consolidating all workforce development programs in this state;>
41-26 (15) <(18)> oversee the operation of the state's
41-27 workforce development programs to assess the degree to which the
42-1 programs are effective in achieving state and local goals and
42-2 objectives;
42-3 (16) <(19)> develop and recommend to the governor
42-4 criteria for the establishment of local workforce development
42-5 boards;
42-6 <(20) develop objective criteria for granting waivers
42-7 allowed under this Act;>
42-8 <(21) develop and recommend to the governor a plan to
42-9 ensure client accessibility to workforce programs that includes a
42-10 uniform statewide client application system for determining an
42-11 applicant's eligibility for a workforce program for which state or
42-12 federal financial assistance is available;> and
42-13 (17) <(22)> carry out the federal and state mandated
42-14 duties and responsibilities for all advisory councils under
42-15 applicable federal and state workforce development programs.
42-16 SECTION 3.03. Section 2.08, Workforce and Economic
42-17 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
42-18 Statutes), is repealed.
42-19 SECTION 3.04. Section 2.09(d), Workforce and Economic
42-20 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
42-21 Statutes), is amended to read as follows:
42-22 (d) At least annually, the council shall issue an
42-23 occupation-specific analysis by provider of the job placement
42-24 performance of each workforce education program for the previous
42-25 one-year, three-year, and five-year periods to:
42-26 (1) each provider of a workforce education program or
42-27 workforce training and services program;
43-1 (2) the Texas Higher Education Coordinating Board for
43-2 each provider of a workforce education program approved and
43-3 administered by the board; <and>
43-4 (3) each local workforce development board for each
43-5 provider of workforce training and services within the workforce
43-6 development area; and
43-7 (4) the Texas Workforce Development Department.
43-8 SECTION 3.05. Section 2.13(e), Workforce and Economic
43-9 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
43-10 Statutes), is amended to read as follows:
43-11 (e) The executive director of the State Occupational
43-12 Information Coordinating Council shall be an employee of the
43-13 council and shall report to the executive director of the council
43-14 and <shall> provide labor market information, information relevant
43-15 to workforce program evaluation, and technical assistance to the
43-16 council and its staff as requested. <The executive director of the
43-17 State Occupational Information Coordinating Council may enter into
43-18 contracts for products and services with State Occupational
43-19 Information Coordinating Council membership agencies and other
43-20 organizations if consistent with the state strategic plan.>
43-21 SECTION 3.06. Section 4.01, Workforce and Economic
43-22 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
43-23 Statutes), is amended to read as follows:
43-24 Sec. 4.01. CREATION OF LOCAL WORKFORCE DEVELOPMENT BOARDS.
43-25 (a) The chief elected officials in a workforce development area
43-26 designated by the governor under Section 3.01 of this Act may form,
43-27 in accordance with rules established by the council, a local
44-1 workforce development board to plan and oversee the delivery of all
44-2 workforce training and services programs and evaluate all workforce
44-3 development programs in the workforce development area.
44-4 (b) Before a local workforce development board may be
44-5 created, at least three-fourths of the chief elected officials in
44-6 the workforce development area who represent units of general local
44-7 government must agree to the creation of the board, including all
44-8 of the chief elected officials who represent units of general local
44-9 government having populations of at least 200,000. The elected
44-10 officials agreeing to the creation of the board must represent at
44-11 least 75 percent of the population of the workforce development
44-12 area.
44-13 (c) On agreement regarding the formation of a local
44-14 workforce development board, the chief elected officials shall
44-15 reduce the agreement to writing. The local government agreement
44-16 shall include:
44-17 (1) the purpose for the agreement;
44-18 (2) the process that will be used to select the chief
44-19 elected official who will act on behalf of the other chief elected
44-20 officials;
44-21 (3) the initial size of the local workforce
44-22 development board;
44-23 (4) the process to be used to appoint the board
44-24 members, which must be consistent with applicable federal and state
44-25 laws; and
44-26 (5) the terms of office of the members of the board.
44-27 (d) <(c)> The chief elected officials shall consider the
45-1 views of all affected local organizations, including private
45-2 industry councils and quality workforce planning committees, before
45-3 making a final decision regarding the formation of a local
45-4 workforce development board.
45-5 (e) <(d)> None of the powers and duties granted a workforce
45-6 development board under this Act may be exercised in a workforce
45-7 development area until the chief elected officials in that area
45-8 reach an agreement providing for the establishment of a local
45-9 workforce development board as provided by Subsection (b) of this
45-10 section and the board is certified by the governor.
45-11 (f) <(e)> A private industry council in an area in which a
45-12 local workforce development board is not created or in which the
45-13 chief elective officers are unable to negotiate the establishment
45-14 of a local workforce development board may not exercise any of the
45-15 powers granted a local workforce development board by this Act,
45-16 except for a power granted under the Job Training Partnership Act
45-17 (29 U.S.C. Section 1501 et seq.).
45-18 ARTICLE 4. CONFORMING AMENDMENTS--LABOR CODE
45-19 (Article 4 reserved)
45-20 ARTICLE 5. CONFORMING AMENDMENTS--OTHER LAWS
45-21 (Article 5 reserved)
45-22 ARTICLE 6. REPEALER
45-23 SECTION 6.01. (a) In addition to the new changes in law
45-24 made by this Act relating to job training and school dropout
45-25 prevention, this Act conforms certain provisions of the Labor Code
45-26 relating to those subjects to changes in law made by several Acts
45-27 of the 73rd Legislature, Regular Session, 1993, as follows:
46-1 (1) Sections 305.021(a) and (b), Labor Code, conformed
46-2 to changes made by Section 1, Chapter 183, Acts of the 73rd
46-3 Legislature, Regular Session, 1993;
46-4 (2) Section 303.006, Labor Code, added to conform the
46-5 code to changes made by Section 7.03, Chapter 668, Acts of the 73rd
46-6 Legislature, Regular Session, 1993;
46-7 (3) Section 303.028, Labor Code, conformed to changes
46-8 made by Sections 29 and 30, Chapter 986, Acts of the 73rd
46-9 Legislature, Regular Session, 1993; and
46-10 (4) Section 303.029, Labor Code, added to conform to
46-11 changes made by Section 29, Chapter 986, Acts of the 73rd
46-12 Legislature, Regular Session, 1993.
46-13 (b) The following are repealed:
46-14 (1) Section 1, Chapter 183, Acts of the 73rd
46-15 Legislature, Regular Session, 1993;
46-16 (2) Section 7.03, Chapter 668, Acts of the 73rd
46-17 Legislature, Regular Session, 1993; and
46-18 (3) Sections 29 and 30, Chapter 986, Acts of the 73rd
46-19 Legislature, Regular Session, 1993.
46-20 ARTICLE 7. TRANSITION; EFFECTIVE DATE; EMERGENCY
46-21 SECTION 7.01. A person serving as the state coordinator for
46-22 the Communities in Schools program who was appointed by the
46-23 administrator of the Texas Employment Commission before September
46-24 1, 1995, may continue to serve in that capacity until January 1,
46-25 1996. The commissioner of workforce development shall appoint a
46-26 person who meets the qualifications for service as the state
46-27 coordinator not later than January 1, 1996.
47-1 SECTION 7.02. The Texas State Employment Service is
47-2 transferred from the Texas Employment Commission to the Texas
47-3 Workforce Development Department on the effective date of this Act.
47-4 All property, records, funds, and staff of the Texas State
47-5 Employment Service shall be transferred to the Texas Workforce
47-6 Development Department not later than January 1, 1996.
47-7 SECTION 7.03. The initial term of the commissioner of
47-8 workforce development expires February 1, 1997.
47-9 SECTION 7.04. This Act takes effect September 1, 1995.
47-10 SECTION 7.05. The importance of this legislation and the
47-11 crowded condition of the calendars in both houses create an
47-12 emergency and an imperative public necessity that the
47-13 constitutional rule requiring bills to be read on three several
47-14 days in each house be suspended, and this rule is hereby suspended.