By Dukes H.B. No. 2904 Substitute the following for H.B. No. 2904: By Hill C.S.H.B. No. 2904 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, operation, and funding of the Texas 1-3 Youthworks Program. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 2306, Government Code, is amended by 1-6 adding Subchapter BB to read as follows: 1-7 SUBCHAPTER BB. TEXAS YOUTHWORKS PROGRAM 1-8 Sec. 2306.621. DEFINITION. In this subchapter, "sustainable 1-9 construction or rehabilitation" means long-lasting, 1-10 energy-efficient construction or rehabilitation that reduces the 1-11 energy costs of conventional construction or rehabilitation by not 1-12 less than 20 percent. 1-13 Sec. 2306.622. TEXAS YOUTHWORKS PROGRAM. (a) The Texas 1-14 Youthworks Program is created in the department to: 1-15 (1) promote economic self-sufficiency of disadvantaged 1-16 or at-risk youth by providing the youth with opportunities to 1-17 acquire job skills while performing community service activities; 1-18 and 1-19 (2) create opportunities for communities to restore 1-20 abandoned properties and historic areas, enhance public places, and 1-21 increase the availability of affordable, energy-efficient housing 1-22 for individuals and families of low and very low income. 1-23 (b) The department shall administer the program and may 1-24 employ personnel as necessary to administer the program. 2-1 Sec. 2306.623. RULES. The board shall adopt rules as 2-2 necessary to implement the program, including rules for auditing 2-3 and accountability. 2-4 Sec. 2306.624. FUNDING. (a) The program is funded by 2-5 appropriations from the legislature and other available money 2-6 identified by the department or other state agencies. 2-7 (b) The department may accept gifts, grants, and other 2-8 donations for operation of the program. 2-9 Sec. 2306.625. GRANTS. The director may award grants under 2-10 the program to eligible entities for projects that meet the 2-11 requirements of this subchapter. 2-12 Sec. 2306.626. ELIGIBLE PARTICIPANTS. (a) To be eligible 2-13 to receive a grant, an entity must use the grant for a project that 2-14 provides services specified in Section 2306.627 to participants 16 2-15 years of age or older but younger than 24 years of age who are not 2-16 attending high school and have not received a high school diploma 2-17 or high school equivalency certificate or who are attending high 2-18 school or a program leading to a high school equivalency 2-19 certificate but are at risk of dropping out of high school or the 2-20 program. 2-21 (b) In addition to the requirements of Subsection (a), a 2-22 participant must also be: 2-23 (1) a member of a household that receives public 2-24 assistance and earns not more than 80 percent of the area median 2-25 income; 2-26 (2) errant or homeless or a potential ward of the 2-27 Texas Department of Criminal Justice or Texas Youth Commission; 3-1 (3) referred by another state agency; or 3-2 (4) educationally disadvantaged, as defined by board 3-3 rule. 3-4 (c) The department may authorize an entity to provide 3-5 services to a participant who does not meet the requirements of 3-6 Subsections (a) and (b). 3-7 Sec. 2306.627. SERVICES TO PARTICIPANTS. (a) A project for 3-8 which a grant is received under the program shall provide or 3-9 develop a plan to provide a participant 3-10 (1) integrated job and education training divided 3-11 between: 3-12 (A) practical, hands-on work experience at 3-13 project sites; and 3-14 (B) if the participant has not received a high 3-15 school diploma or high school equivalency certificate, academic and 3-16 project-based instruction designed to result in the attainment of a 3-17 high school diploma or high school equivalency certificate; 3-18 (2) direct access to counseling and support services, 3-19 including assessment and orientation services, life-skills 3-20 training, peer tutoring, gang prevention techniques, parenting and 3-21 child-care skills, and medical and legal screening and referrals; 3-22 (3) direct access to leadership training designed to 3-23 develop ethics, citizenship, personal responsibility, critical 3-24 thinking, and decision-making, problem-solving, and negotiation 3-25 skills; 3-26 (4) direct access to assistance in making the 3-27 transition from training to economic self-sufficiency, including 4-1 career counseling, job placement, personal finance, home buyer 4-2 education, and follow-up services; 4-3 (5) a training stipend in an amount determined by 4-4 board rule for a period not to exceed two years that is conditioned 4-5 on the participant's demonstrating improved job performance and 4-6 personal responsibility; and 4-7 (6) an opportunity to earn scholarship awards for 4-8 college tuition. 4-9 (b) A stipend provided under Subsection (a)(5) does not 4-10 count as income for purposes of determining the eligibility of the 4-11 participant or the participant's household for any form of public 4-12 assistance. 4-13 Sec. 2306.628. COMMUNITY BENEFIT. A project for which a 4-14 grant is received under the program shall provide at least one of 4-15 the following services to a community in which the project is 4-16 located: 4-17 (1) acquisition, rehabilitation, or construction of 4-18 energy-efficient, affordable housing for elderly individuals, 4-19 veterans of the United States armed forces, former participants in 4-20 the Peace Corps, VISTA, or AmeriCorps program, or individuals and 4-21 families of low and very low income; 4-22 (2) transitional housing for individuals who are 4-23 homeless or who have mental or physical disabilities; or 4-24 (3) sustainable construction or rehabilitation in 4-25 low-income neighborhoods of historic properties, community 4-26 facilities, cultural districts, or parks owned by public or 4-27 nonprofit agencies. 5-1 Sec. 2306.629. ADVISORY BOARD; PARTICIPANT COUNCIL. An 5-2 entity that is awarded a grant for a project under the program 5-3 shall establish: 5-4 (1) an advisory board for the project that includes 5-5 senior staff of the entity operating the project, area employers, 5-6 industrial leaders, representatives of nonprofit organizations 5-7 representing low income neighborhoods, and participants in the 5-8 project; and 5-9 (2) a participant council to provide comments and 5-10 suggestions regarding project policies. 5-11 Sec. 2306.630. GRANT APPLICATION. (a) Subject to 5-12 Subsection (b), the following entities may apply to receive a grant 5-13 for an eligible project under this subchapter: 5-14 (1) a private, nonprofit, tax-exempt organization 5-15 listed in Section 501(c)(3), Internal Revenue Code of 1986; 5-16 (2) a public agency that operates a community-based 5-17 youth employment training program; 5-18 (3) a community housing development organization 5-19 certified by the state; 5-20 (4) an educational facility approved by the Texas 5-21 Youth Commission; 5-22 (5) a corps-based community service organization; 5-23 (6) an open-enrollment charter school approved by the 5-24 Texas Education Agency; or 5-25 (7) another entity authorized by board rule. 5-26 (b) To be eligible to receive a grant, an applicant must 5-27 demonstrate that the applicant has at least three years of 6-1 successful experience operating programs that benefit disadvantaged 6-2 or at-risk youth. 6-3 (c) A grant application for a proposed project must be filed 6-4 with the department in a form prescribed by the director. An 6-5 application must include: 6-6 (1) a statement of the amount of money requested; 6-7 (2) a description of the proposed project; 6-8 (3) a description of the applicant's qualifications, 6-9 including the applicant's experience with youth, law enforcement 6-10 agencies, and educational and community groups; 6-11 (4) if applicable, a list of proposed sites for 6-12 construction or rehabilitation of housing or other buildings; 6-13 (5) if applicable, a description of proposed 6-14 sustainable construction or rehabilitation activities, including an 6-15 implementation schedule; 6-16 (6) a description of the applicant's proposed 6-17 procedures for recruiting and selecting participants in the 6-18 project; 6-19 (7) a proposed budget, including procedures for 6-20 auditing and accountability; 6-21 (8) if applicable, a description of proposed financing 6-22 for property acquisition, rehabilitation, or construction; 6-23 (9) a list of relevant contracts or other arrangements 6-24 between the applicant and public agencies that will facilitate 6-25 implementation of the project; 6-26 (10) a list of prospective donations, grants, or 6-27 in-kind contributions for the project that will supplement money 7-1 received through the grant; and 7-2 (11) a certification of the applicant's compliance 7-3 with: 7-4 (A) state and federal fair housing laws; 7-5 (B) the Civil Rights Act of 1964 (42 U.S.C. 7-6 Section 2000a et seq.); 7-7 (C) the Americans with Disabilities Act of 1990 7-8 (42 U.S.C. Section 12101 et seq.); 7-9 (D) the federal Rehabilitation Act of 1973 (29 7-10 U.S.C. Section 701 et seq.); and 7-11 (E) the Age Discrimination in Employment Act of 7-12 1967 (29 U.S.C. Section 621 et seq.). 7-13 (d) In awarding a grant under the program, the director: 7-14 (1) may give preference to an applicant who has 7-15 experience in providing the services proposed to be provided under 7-16 the project; and 7-17 (2) shall give preference to an applicant who can 7-18 document the existence of matching contributions from other sources 7-19 and support from local organizations, community leaders, and 7-20 elected officials. 7-21 Sec. 2306.631. OTHER FUNDING SOURCES REQUIRED. The 7-22 department may not provide more than 75 percent of the money 7-23 budgeted for a project. 7-24 Sec. 2306.632. LIMIT ON ADMINISTRATIVE EXPENSE. Not more 7-25 than 15 percent of the money awarded under the program for a 7-26 project may be used for administrative costs associated with the 7-27 project. 8-1 Sec. 2306.633. ANNUAL REPORT. (a) The director shall 8-2 report to the governor and the legislature at the end of each 8-3 fiscal year on the status of the program. 8-4 (b) The annual report must include for that fiscal year: 8-5 (1) the number of grants awarded; 8-6 (2) the total amount of grants awarded; 8-7 (3) the geographical distribution of grants awarded; 8-8 (4) the number of youth and other persons 8-9 participating in projects funded by grants; 8-10 (5) the number of youth and other persons who secured 8-11 permanent jobs at the conclusion of participation in projects 8-12 funded by grants; and 8-13 (6) the number of housing units constructed or 8-14 rehabilitated through projects funded by grants. 8-15 SECTION 2. (a) A work group is established to assist the 8-16 Texas Department of Housing and Community Affairs in implementing 8-17 and promoting the Texas Youthworks Program created by Section 8-18 2306.622, Government Code, as added by this Act. Specifically, the 8-19 work group shall: 8-20 (1) identify all available state and federal sources 8-21 of funding for the program; and 8-22 (2) identify appropriate state programs, services, or 8-23 activities that could be delivered by referring eligible 8-24 individuals to the program. 8-25 (b) The work group is composed of the chief administrative 8-26 officer, or a person designated by that officer, of each of the 8-27 following agencies: 9-1 (1) the Texas Department of Housing and Community 9-2 Affairs; 9-3 (2) the Texas Workforce Commission; 9-4 (3) the Texas Youth Commission; 9-5 (4) the Texas Education Agency; 9-6 (5) the Texas Juvenile Probation Commission; 9-7 (6) the community justice assistance division of the 9-8 Texas Department of Criminal Justice; and 9-9 (7) any other state agency that chooses to participate 9-10 in the work group's activities. 9-11 (c) A member of the work group designated by a chief 9-12 administrative officer serves at the will of the designating 9-13 officer. 9-14 (d) The members of the work group shall elect a presiding 9-15 officer and any other necessary officers for the work group. 9-16 (e) The work group shall meet at the call of the presiding 9-17 officer. 9-18 (f) A member of the work group receives no compensation for 9-19 serving on the work group. 9-20 (g) The work group is not subject to Article 6252-33, 9-21 Revised Statutes. 9-22 (h) The work group shall be formed and shall hold its first 9-23 meeting not later than November 1, 1997. 9-24 (i) Not later than November 15, 1998, the work group shall: 9-25 (1) complete the tasks specified in Subsection (a) of 9-26 this section; and 9-27 (2) submit a report to the legislature containing the 10-1 work group's findings and recommendations for funding and utilizing 10-2 the program. 10-3 (j) The work group dissolves and this section expires 10-4 September 1, 1999. 10-5 SECTION 3. If, before implementing any provision of this 10-6 Act, a state agency determines that a waiver or authorization from 10-7 a federal agency is necessary for implementation, the state agency 10-8 shall request the waiver or authorization and may delay 10-9 implementing that provision until the waiver or authorization is 10-10 granted. 10-11 SECTION 4. This Act takes effect September 1, 1997. 10-12 SECTION 5. The importance of this legislation and the 10-13 crowded condition of the calendars in both houses create an 10-14 emergency and an imperative public necessity that the 10-15 constitutional rule requiring bills to be read on three several 10-16 days in each house be suspended, and this rule is hereby suspended.