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.