By Cuellar H.B. No. 457
75R2611 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain performance measures and evaluations of
1-3 workforce programs and to the administration of workforce
1-4 development programs by the Texas Workforce Commission and the
1-5 Council on Workforce and Economic Competitiveness.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 2308.002, Government Code, is amended to
1-8 conform to Section 11.11, Chapter 655, Acts of the 74th
1-9 Legislature, Regular Session, 1995, to read as follows:
1-10 Sec. 2308.002. DEFINITIONS. In this chapter:
1-11 (1) ["Administering state agency" means the agency
1-12 designated by the governor to administer the federal Job Training
1-13 Partnership Act (29 U.S.C. Section 1501 et seq.) in this state.]
1-14 [(2)] "Council" means the Council on Workforce and
1-15 Economic Competitiveness.
1-16 (2) "Division" means the division of workforce
1-17 development of the Texas Workforce Commission.
1-18 (3) "Local labor market" means an economically
1-19 integrated geographical area within which individuals may reside
1-20 and find employment within a reasonable distance.
1-21 (4) [(3)] "Workforce development" includes workforce
1-22 education and workforce training and services.
1-23 (5) [(4)] "Workforce education" means articulated
1-24 career-path programs and the constituent courses of those programs
2-1 that lead to initial or continuing licensing or certification or
2-2 associate degree-level accreditation and that:
2-3 (A) are subject to:
2-4 (i) [(A)] initial and ongoing state
2-5 approval or regional or specialized accreditation;
2-6 (ii) [(B)] a formal state evaluation that
2-7 provides the basis for program continuation or termination;
2-8 (iii) [(C)] state accountability and
2-9 performance standards; and
2-10 (iv) [(D)] a regional or statewide
2-11 documentation of the market demand for labor according to
2-12 employers' needs; or
2-13 (B) are subject to approval by the Texas Higher
2-14 Education Coordinating Board as adult vocational or continuing
2-15 education courses.
2-16 (6) [(5)] "Workforce training and services" means
2-17 training and services programs that are not workforce education.
2-18 SECTION 2. Subchapter C, Chapter 2308, Government Code, is
2-19 amended by adding Section 2308.107 to read as follows:
2-20 Sec. 2308.107. RESPONSIBILITIES OF COUNCIL AND DIVISION.
2-21 (a) This section is intended to provide a general statement of the
2-22 responsibilities of the council and division in the administration
2-23 of workforce development programs under this chapter. A specific
2-24 provision in this chapter or any other statute that conflicts with
2-25 this section prevails over this section.
2-26 (b) The authority of the council regarding planning and
2-27 evaluating workforce development programs is confined to providing
3-1 planning and evaluation at the system level rather than for
3-2 specific workforce programs. The division, as the entity
3-3 responsible for administering and funding the consolidated
3-4 workforce development programs, shall be given sufficient authority
3-5 and discretion to administer the programs without interference or
3-6 unnecessary constraints.
3-7 (c) The council shall develop core measures and an overall
3-8 evaluation plan for all workforce development programs. Any
3-9 changes to the core measures or to the council's evaluation system
3-10 must be approved by the council and by the governor before
3-11 implementation.
3-12 (d) The council shall assess the effectiveness of major
3-13 workforce development programs against the core measures
3-14 established under the state strategic plan adopted under Section
3-15 2056.009. The division may assist the council in making those
3-16 assessments to ensure that the governor, the legislature, and state
3-17 agencies that administer workforce development programs are
3-18 properly advised regarding program effectiveness and the need for
3-19 improved coordination or further consolidation of programs.
3-20 (e) The division shall develop quality standards for all
3-21 workforce services delivered locally, including client and employer
3-22 services. The division shall monitor and evaluate individual
3-23 workforce development programs and the performance of local boards
3-24 against performance standards under state and federal law. The
3-25 division shall provide training and technical assistance for local
3-26 boards and workforce development programs that do not meet
3-27 performance criteria. The council shall be guided by division
4-1 recommendations in sanctioning programs and local boards under
4-2 state or federal law, to the extent the council performs those
4-3 functions. The division shall provide periodic reports to the
4-4 council on the progress of local boards and workforce development
4-5 programs in meeting the requirements imposed under the quality
4-6 standards.
4-7 (f) Staff from the council and division shall identify for
4-8 consideration by the council and division various council
4-9 responsibilities that may be more appropriately developed by
4-10 division staff and presented to the council for formal approval.
4-11 Staff from the council and the division shall keep each other
4-12 informed of pending or anticipated issues that may be relevant to
4-13 the workforce development system.
4-14 SECTION 3. Section 302.002(a), Labor Code, is amended to
4-15 read as follows:
4-16 (a) The executive director shall:
4-17 (1) to the extent feasible under federal law,
4-18 consolidate the administrative and programmatic functions of the
4-19 programs under the authority of the commission to achieve efficient
4-20 and effective delivery of services;
4-21 (2) administer each program and implement
4-22 corresponding federal and state legislation consolidated under the
4-23 authority of the commission under this chapter and other applicable
4-24 state law;
4-25 (3) determine the organization and methods of
4-26 procedure of the division in accordance with applicable state and
4-27 federal legislation;
5-1 (4) appoint and prescribe the duties of all officers,
5-2 administrators, accountants, attorneys, experts, and other
5-3 employees as necessary in the performance of the division's duties;
5-4 (5) delegate authority to persons appointed under this
5-5 section as the executive director considers reasonable and proper
5-6 for the effective administration of the division;
5-7 (6) bond any person who handles money or signs checks
5-8 for the division;
5-9 (7) implement workforce training and services policies
5-10 and programs, consistent with recommendations from the council and
5-11 as approved by the governor;
5-12 (8) serve as an advocate at the state and federal
5-13 levels for local workforce development boards;
5-14 (9) contract with local workforce development boards
5-15 for program planning and service delivery;
5-16 (10) provide training and professional development
5-17 services for division staff, local workforce development boards,
5-18 and the staff of those boards;
5-19 (11) [support research and demonstration projects
5-20 designed to develop new programs and approaches to service
5-21 delivery;]
5-22 [(12)] provide technical assistance and support to
5-23 local workforce development boards;
5-24 (12) [(13)] prepare an annual agency performance
5-25 report for submission to the governor, the legislature, the
5-26 commission, and the council;
5-27 (13) [(14)] design and administer a statewide
6-1 comprehensive labor market information system;
6-2 (14) [(15)] serve as the chair of the State
6-3 Occupational Information Coordinating Committee; and
6-4 (15) [(16)] perform other functions and duties as may
6-5 be required by law or assigned by the commission.
6-6 SECTION 4. Subchapter A, Chapter 302, Labor Code, is amended
6-7 by adding Section 302.003 to read as follows:
6-8 Sec. 302.003. RESPONSIBILITIES OF DIVISION AND COUNCIL ON
6-9 WORKFORCE AND ECONOMIC COMPETITIVENESS. The division is subject to
6-10 the general statement of the responsibilities of the division and
6-11 the Council on Workforce and Economic Competitiveness established
6-12 under Section 2308.107, Government Code.
6-13 SECTION 5. Subchapter C, Chapter 302, Labor Code, is amended
6-14 by adding Section 302.044 to read as follows:
6-15 Sec. 302.044. GUIDELINES FOR LOCAL WORKFORCE DEVELOPMENT
6-16 BOARDS. The division annually shall provide to each local
6-17 workforce development board planning guidelines that include core
6-18 performance measures and quality measures. The guidelines must:
6-19 (1) establish performance standards for those boards;
6-20 (2) explain how and when compliance by a local
6-21 workforce development board with those standards is to be measured;
6-22 and
6-23 (3) establish sanctions to be imposed on a local
6-24 workforce development board that fails to meet the performance
6-25 standards.
6-26 SECTION 6. (a) In addition to the substantive changes in
6-27 law made by this Act, this Act conforms Section 2308.002,
7-1 Government Code, to changes in law made by Section 11.11, Chapter
7-2 655, Acts of the 74th Legislature, Regular Session, 1995.
7-3 (b) Section 11.11, Chapter 655, Acts of the 74th
7-4 Legislature, Regular Session, 1995, is repealed.
7-5 (c) To the extent of any conflict, this Act prevails over
7-6 another Act of the 75th Legislature, Regular Session, 1997,
7-7 relating to nonsubstantive additions to and corrections in enacted
7-8 codes.
7-9 SECTION 7. This Act takes effect September 1, 1997.
7-10 SECTION 8. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended.