Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Dukes 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 AA to read as follows:
1-7 SUBCHAPTER AA. TEXAS YOUTHWORKS PROGRAM
1-8 Sec. 2306.621. DEFINITIONS. In this subchapter:
1-9 (1) "Board" means the board of the Texas Department of
1-10 Housing and Community Affairs;
1-11 (2) "Department" means the Texas Department of Housing
1-12 and Community Affairs;
1-13 (3) "sustainable construction or rehabilitation" means
1-14 long-lasting, energy-efficient construction or rehabilitation that
1-15 reduces the costs of conventional construction or rehabilitation by
1-16 not less than 20 percent.
1-17 Sec. 2306.622. TEXAS YOUTHWORKS PROGRAM. (a) The Texas
1-18 Youthworks Program is created in the Texas Department of Housing
1-19 and Community Affairs to:
1-20 (1) promote economic self-sufficiency of disadvantaged
1-21 or at-risk youth by providing the youth with opportunities to
1-22 acquire job skills while performing community service activities;
1-23 and
1-24 (2) create opportunities for communities to restore
2-1 abandoned properties and historic areas, enhance public places, and
2-2 increase the availability of affordable, energy-efficient housing
2-3 for individuals and families of low and very low income.
2-4 (b) The department shall administer the program and may
2-5 employ personnel as necessary to administer the program.
2-6 Sec. 2306.623. RULES. The board, in consultation with the
2-7 advisory board established in Sec. 2306.629, shall adopt rules as
2-8 necessary to implement the program, including rules for auditing
2-9 and accountability.
2-10 Sec. 2306.624. FUNDING. (a) The program is funded by
2-11 appropriations from the legislature and other available funds
2-12 identified by the department or other state agencies.
2-13 (b) The department may accept gifts, grants, and other
2-14 donations for operation of the program.
2-15 Sec. 2306.625. GRANTS. The director may award grants under
2-16 the program for projects that meet the requirements of this
2-17 subchapter.
2-18 Sec. 2306.626. ELIGIBLE PARTICIPANTS. (a) To be eligible
2-19 to receive a grant, an organization must use the grant for a
2-20 project that provides services specified in Section 2306.627 to
2-21 persons 17 years of age or older but younger than 24 years of age
2-22 who are not attending secondary school and have not received a high
2-23 school diploma or high school equivalency certificate, or who are
2-24 attending secondary school or a program leading to a high school
2-25 equivalency certificate but are at risk of dropping out of school
2-26 or the program. Participants must also meet at least one of the
2-27 following criteria:
2-28 (1) a member of a household that receives public
2-29 assistance and earns not more than 80 percent of the area median
2-30 income;
3-1 (2) errant or homeless or a potential ward of the
3-2 Texas Department of Criminal Justice.
3-3 (3) referred by another state agency; or
3-4 (4) educationally disadvantaged, as defined by board
3-5 rule.
3-6 (b) The department may authorize a grantee to provide
3-7 services to a participant who does not meet the requirements of
3-8 Subsection (a).
3-9 Sec. 2306.627. SERVICES TO PARTICIPANTS. (a) A project for
3-10 which a grant is received under the program shall provide
3-11 participants in the project with:
3-12 (1) integrated job and education training divided
3-13 evenly between:
3-14 (A) practical, hands-on work experience at
3-15 project sites; and
3-16 (B) academic instruction, if the participant has
3-17 not attained a high school diploma or high school equivalency
3-18 certificate, which shall include the attainment of a high school
3-19 diploma or high school equivalency certificate.
3-20 (2) direct access to counseling and support services,
3-21 including assessment and orientation services, life-skills
3-22 training, peer tutoring, gang prevention techniques, parenting and
3-23 child-care skills, and medical and legal screening and referrals;
3-24 (3) direct access to leadership training designed to
3-25 develop ethics, citizenship, personal responsibility, critical
3-26 thinking, and decision-making, problem-solving, and negotiation
3-27 skills;
3-28 (4) direct access to assistance in making the
3-29 transition from training to economic self-sufficiency, including
3-30 career counseling, job placement, personal finance, home buyer
4-1 education, and follow-up services;
4-2 (6) a training stipend, the amount of which is set by
4-3 board rule, for a period not to exceed two years that is
4-4 conditioned on the participant's demonstrating improved job
4-5 performance and personal responsibility; and
4-6 (7) an opportunity to earn scholarship awards for
4-7 college tuition.
4-8 (b) A stipend provided under Subsection (a)(6) does not
4-9 count as income for purposes of determining the eligibility of the
4-10 participant or the participant's household for any form of public
4-11 assistance.
4-12 Sec. 2306.628. COMMUNITY BENEFIT. A project for which a
4-13 grant is received under the program shall provide at least one of
4-14 the following services to a community in which the project is
4-15 located:
4-16 (1) acquisition, rehabilitation, or construction of
4-17 energy-efficient, affordable housing for elderly individuals,
4-18 veterans of the United States armed forces, former participants in
4-19 the Peace Corps, VISTA, or AmeriCorps program, or individuals and
4-20 families of low and very low income;
4-21 (2) transitional housing for individuals who are
4-22 homeless, individuals who have mental or physical disabilities or
4-23 disease; 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.
4-28 Sec. 2306.629. ADVISORY BOARD; PARTICIPANT COUNCIL. A
4-29 grantee who is awarded a grant for a project under the program
4-30 shall establish:
5-1 (1) an advisory board for the project that includes
5-2 senior staff of the person operating the project, area employers,
5-3 industrial leaders, and participants in the project; and
5-4 (2) a participant council to provide comments and
5-5 suggestions regarding project policies.
5-6 Sec. 2306.630. GRANT APPLICATION. (a) Subject to
5-7 Subsection (b), the following organizations may apply to receive a
5-8 grant for an eligible project under this subchapter:
5-9 (1) a private, nonprofit, tax-exempt organization
5-10 listed in Section 501(c)(3), Internal Revenue Code of 1986;
5-11 (2) a public agency that operates a community-based
5-12 youth employment training program;
5-13 (3) a community housing development organization
5-14 certified by the state;
5-15 (4) an educational facility approved by the Texas
5-16 Youth Commission;
5-17 (5) a corps-based community service organization;
5-18 (6) an open-enrollment charter school approved by the
5-19 Texas Education Agency; or
5-20 (7) another organization authorized by board rule.
5-21 (b) To be eligible to receive a grant, an applicant must
5-22 demonstrate that the applicant has at least three years of
5-23 successful experience operating programs that benefit disadvantaged
5-24 or at-risk youth.
5-25 (c) A grant application for a proposed project must be filed
5-26 with the department in a form prescribed by the director. An
5-27 application must include:
5-28 (1) a statement of the amount of money requested;
5-29 (2) a description of the proposed project;
5-30 (3) a description of the applicant's qualifications,
6-1 including the applicant's experience with youth, law enforcement
6-2 agencies, and educational and community groups;
6-3 (4) if applicable, a list of proposed sites for
6-4 construction or rehabilitation of housing or other buildings;
6-5 (5) if applicable, a description of proposed
6-6 sustainable construction or rehabilitation activities, including an
6-7 implementation schedule;
6-8 (6) a description of the applicant's proposed
6-9 procedures for recruiting and selecting participants in the
6-10 project;
6-11 (7) a proposed budget, including procedures for
6-12 auditing and accountability;
6-13 (8) if applicable, a description of proposed financing
6-14 for property acquisition, rehabilitation, or construction;
6-15 (9) a list of relevant contracts or other arrangements
6-16 between the applicant and public agencies that will facilitate
6-17 implementation of the project;
6-18 (10) a list of prospective donations, grants, or
6-19 in-kind contributions for the project that will supplement money
6-20 received through the grant; and
6-21 (11) a certification of the applicant's compliance
6-22 with:
6-23 (A) state and federal fair housing laws;
6-24 (B) the Civil Rights Act of 1964 (42 U.S.C.
6-25 Section 2000a et seq.);
6-26 (C) the Americans with Disabilities Act of 1990
6-27 (42 U.S.C. Section 12101 et seq.);
6-28 (D) the federal Rehabilitation Act of 1973 (29
6-29 U.S.C. Section 701 et seq.); and
6-30 (E) the Age Discrimination in Employment Act of
7-1 1967 (29 U.S.C. Section 621 et seq.).
7-2 (d) In awarding a grant under the program, the department
7-3 shall give preference to an applicant who:
7-4 (1) has experience in providing the services proposed
7-5 to be provided under the project; and
7-6 (2) can document the existence of matching
7-7 contributions from other sources and support from local
7-8 organizations, community leaders, and elected officials.
7-9 Sec. 2306.631. OTHER FUNDING SOURCES REQUIRED. The
7-10 department may not provide more than 75 percent of the money
7-11 budgeted for a project.
7-12 Sec. 2306.632. LIMIT ON ADMINISTRATIVE EXPENSE. Not more
7-13 than 15 percent of the money awarded under the program for a
7-14 project may be used for administrative costs associated with the
7-15 project.
7-16 Sec. 2306.633. ANNUAL REPORT. (a) The director shall report
7-17 to the governor and the legislature at the end of each fiscal year
7-18 on the status of the program.
7-19 (b) The annual report must include for that fiscal year:
7-20 (1) the number of grants awarded;
7-21 (2) the total amount of grants awarded;
7-22 (3) the geographical distribution of grants awarded;
7-23 (4) the number of youth and other persons
7-24 participating in projects funded by grants;
7-25 (5) the number of youth and other persons who secured
7-26 permanent jobs at the conclusion of participation in projects
7-27 funded by grants; and
7-28 (6) the number of housing units constructed or
7-29 rehabilitated through projects funded by grants.
7-30 SECTION 2. If, before implementing any provision of this
8-1 Act, a state agency determines that a waiver or authorization from
8-2 a federal agency is necessary for implementation, the state agency
8-3 shall request the waiver or authorization and may delay
8-4 implementing that provision until the waiver or authorization is
8-5 granted.
8-6 SECTION 3. This Act takes effect September 1, 1997.
8-7 SECTION 4. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.