By Brimer H.B. No. 3173
75R3160 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing the Council on Workforce and Economic
1-3 Competitiveness and transferring its duties to the division of
1-4 workforce development of the Texas Workforce Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. TRANSFER OF DUTIES OF TEXAS
1-7 COUNCIL ON WORKFORCE AND ECONOMIC COMPETITIVENESS
1-8 SECTION 1.01. The purpose of this article is to:
1-9 (1) transfer the powers and duties of the Council on
1-10 Workforce and Economic Competitiveness to the division of workforce
1-11 development of the Texas Workforce Commission; and
1-12 (2) conform the codified law governing those powers
1-13 and duties to other Acts of the 74th Legislature, Regular Session,
1-14 1995.
1-15 SECTION 1.02. Section 2308.002, Government Code, is amended
1-16 to read as follows:
1-17 Sec. 2308.002. DEFINITIONS. In this chapter:
1-18 (1) "Commission" means the Texas Workforce Commission
1-19 ["Administering state agency" means the agency designated by the
1-20 governor to administer the federal Job Training Partnership Act (29
1-21 U.S.C. Section 1501 et seq.) in this state].
1-22 (2) "Division" means the division of workforce
1-23 development of the Texas Workforce Commission ["Council" means the
1-24 Council on Workforce and Economic Competitiveness].
2-1 (3) "Local labor market" means an economically
2-2 integrated geographical area within which individuals may reside
2-3 and find employment within a reasonable distance.
2-4 (4) [(3)] "Workforce development" includes workforce
2-5 education and workforce training and services.
2-6 (5) [(4)] "Workforce education" means articulated
2-7 career-path programs and the constituent courses of those programs
2-8 that lead to initial or continuing licensing or certification or
2-9 associate degree-level accreditation and that:
2-10 (A) are subject to:
2-11 (i) [(A)] initial and ongoing state
2-12 approval or regional or specialized accreditation;
2-13 (ii) [(B)] a formal state evaluation that
2-14 provides the basis for program continuation or termination;
2-15 (iii) [(C)] state accountability and
2-16 performance standards; and
2-17 (iv) [(D)] a regional or statewide
2-18 documentation of the market demand for labor according to
2-19 employers' needs; or
2-20 (B) are subject to approval by the Texas Higher
2-21 Education Coordinating Board as adult vocational or continuing
2-22 education courses.
2-23 (6) [(5)] "Workforce training and services" means
2-24 training and services programs that are not workforce education.
2-25 SECTION 1.03. Chapter 2308, Government Code, is amended by
2-26 amending the heading of Subchapter C to read as follows:
2-27 SUBCHAPTER C. [COUNCIL] DUTIES AND POWERS OF THE DIVISION OF
3-1 WORKFORCE DEVELOPMENT OF THE COMMISSION
3-2 SECTION 1.04. Section 2308.101, Government Code, is amended
3-3 to read as follows:
3-4 Sec. 2308.101. GENERAL DUTIES. The division [council]
3-5 shall:
3-6 (1) promote the development of a well-educated, highly
3-7 skilled workforce in this state [through literacy, adult basic
3-8 education, community education, apprenticeship, and
3-9 state-of-the-art occupational skills education and training
3-10 programs];
3-11 (2) [serve as an] advocate [for] the development of an
3-12 integrated workforce development system to provide quality services
3-13 addressing the needs of business and workers in this state;
3-14 (3) [promote and assist in the development of an
3-15 industry-based skills standards and certification system for
3-16 occupations requiring less than a baccalaureate-level education and
3-17 training;]
3-18 [(4) promote the development of workplaces of high
3-19 productivity in this state;]
3-20 [(5) recommend to the governor the components of a
3-21 school and training-to-work transition process;]
3-22 [(6)] recommend to the governor the designation or
3-23 redesignation of workforce development areas for the local planning
3-24 and delivery of workforce development;
3-25 (4) [(7)] identify and recommend to the governor
3-26 incentives to encourage the consolidation, on a regional labor
3-27 market basis, of:
4-1 (A) local boards, councils, and committees; and
4-2 (B) service delivery areas authorized under the
4-3 Job Training Partnership Act (29 U.S.C. Section 1501 et seq.);
4-4 (5) [(8) design and implement a combined state and
4-5 local planning process for the state's workforce training and
4-6 services;]
4-7 [(9)] review plans for local workforce training and
4-8 services and make recommendations to the governor for approval;
4-9 (6) evaluate [(10) implement a statewide system for
4-10 evaluating] the effectiveness of all workforce development using
4-11 the administrative records of the state's unemployment compensation
4-12 program and other sources as appropriate;
4-13 (7) [(11)] support research and demonstration projects
4-14 designed to develop new programs and approaches to service
4-15 delivery;
4-16 (8) recommend measures to [(12) provide for training
4-17 and professional development for council members, local chief
4-18 elected officials, local workforce development boards and staff,
4-19 and private industry councils and staff;]
4-20 [(13) serve as an advocate at the state and federal
4-21 levels for the local workforce development boards;]
4-22 [(14) establish and operate a comprehensive labor
4-23 market information system that serves employers, students, workers,
4-24 and state and local planning organizations;]
4-25 [(15)] ensure that occupational skills training is:
4-26 (A) provided in occupations that are locally in
4-27 demand; and
5-1 (B) directed toward high-skill and high-wage
5-2 jobs;
5-3 (9) monitor [(16) oversee] the operation of the
5-4 state's workforce development programs to assess the degree to
5-5 which these programs are effective in achieving state and local
5-6 goals and objectives;
5-7 (10) [(17)] develop and recommend to the governor
5-8 criteria for the establishment of local workforce development
5-9 boards; and
5-10 (11) [(18) develop objective criteria for granting
5-11 waivers allowed under this chapter;]
5-12 [(19) develop and recommend to the governor a plan to
5-13 ensure the accessibility of workforce development to clients that
5-14 includes a uniform statewide client application system to determine
5-15 an applicant's eligibility for workforce development for which
5-16 state or federal financial assistance is available; and]
5-17 [(20)] carry out the federal and state duties and
5-18 responsibilities of advisory councils under applicable federal and
5-19 state workforce development.
5-20 SECTION 1.05. Section 2308.102, Government Code, is amended
5-21 to read as follows:
5-22 Sec. 2308.102. ASSUMPTION OF DUTIES AND RESPONSIBILITIES.
5-23 (a) The division [council] shall assume the duty to:
5-24 (1) develop, with the assistance of each appropriate
5-25 state agency, and recommend to the governor state plans required by
5-26 applicable federal law in order for the state to receive federal
5-27 funds;
6-1 (2) make policy recommendations to the governor on
6-2 goals and priorities for formula and discretionary funds for all
6-3 applicable programs;
6-4 (3) participate directly in the development of the
6-5 master plan for vocational education, as required by law, and
6-6 recommend the plan to the State Board of Education, the Texas
6-7 Higher Education Coordinating Board, and the governor;
6-8 (4) ensure that general revenue funds previously
6-9 available to the Texas Literacy Council are used to support the
6-10 efforts of local literacy councils in a manner consistent with the
6-11 state strategic plan;
6-12 (5) recommend to the State Board of Vocational
6-13 Education the division of federal funds between secondary and
6-14 postsecondary educational agencies under the Carl D. Perkins
6-15 Vocational and Applied Technology Education Act (20 U.S.C. Section
6-16 2301 et seq.); and
6-17 (6) make recommendations to the commission [Texas
6-18 Employment Commission] on unemployment insurance issues pertinent
6-19 to the responsibilities of the division [council].
6-20 (b) The division [council] shall assume the responsibilities
6-21 assigned to the state advisory council under the following federal
6-22 laws:
6-23 (1) the Job Training Partnership Act (29 U.S.C.
6-24 Section 1501 et seq.);
6-25 (2) the Carl D. Perkins Vocational and Applied
6-26 Technology Education Act (20 U.S.C. Section 2301 et seq.);
6-27 (3) the National and Community Service Act of 1990 (42
7-1 U.S.C. Section 12501 et seq.);
7-2 (4) the Adult Education Act (20 U.S.C. Section 1201 et
7-3 seq.);
7-4 (5) the Wagner-Peyser Act (29 U.S.C. Section 49 et
7-5 seq.);
7-6 (6) Part F, Subchapter IV, Social Security Act (42
7-7 U.S.C. Section 681 et seq.);
7-8 (7) the employment program established under Section
7-9 6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)); and
7-10 (8) the National Literacy Act of 1991 (20 U.S.C.
7-11 Section 1201 et seq.).
7-12 (c) The division [council] shall assume the responsibilities
7-13 formerly exercised by the following state advisory councils and
7-14 committees:
7-15 (1) the State Job Training Coordinating Council;
7-16 (2) the Texas Council on Vocational Education;
7-17 (3) [the technical advisory committee to the State
7-18 Occupational Information Coordinating Council;]
7-19 [(4)] the Texas Literacy Council; and
7-20 (4) [(5)] the Apprenticeship and Training Advisory
7-21 Committee.
7-22 SECTION 1.06. Section 2308.103, Government Code, is amended
7-23 to read as follows:
7-24 Sec. 2308.103. ADDITIONAL POWERS [AND LIMITATIONS]. [(a)]
7-25 The division [council] may:
7-26 (1) adopt rules essential to the internal functions
7-27 and duties of the division [council];
8-1 (2) make expenditures, enter into contracts with
8-2 public, private, and nonprofit organizations or agencies, require
8-3 reports to be made, conduct investigations, and take other actions
8-4 necessary or suitable to fulfill the division's [council's] duties
8-5 under this chapter;
8-6 (3) delegate to the executive director any power or
8-7 duty imposed on the division [council] by law, including the
8-8 authority to make a final order or decision;
8-9 (4) provide for the mediation or arbitration of
8-10 disputes between agencies that perform functions for state and
8-11 federal programs as provided by this chapter;
8-12 (5) accept gifts, grants, and donations of money,
8-13 goods, or services to be used only to accomplish the division's
8-14 [council's] duties under this chapter; and
8-15 (6) share employees with another state agency.
8-16 [(b) The council may not:]
8-17 [(1) adopt rules related to the operation of workforce
8-18 development; or]
8-19 [(2) delegate to the executive director the authority
8-20 to adopt rules.]
8-21 SECTION 1.07. Section 2308.104, Government Code, is amended
8-22 to read as follows:
8-23 Sec. 2308.104. STRATEGIC PLAN. (a) The division [council]
8-24 shall develop and recommend to the governor a single strategic plan
8-25 that establishes the framework for the budgeting and operation of
8-26 all workforce development programs, including school to work
8-27 transition programs [administered by agencies represented on the
9-1 council].
9-2 (b) In addition to the other requirements of this chapter,
9-3 the strategic plan recommended by the division [council] must
9-4 recognize and address literacy and basic education as activities
9-5 that are critical to the well-being of individuals and the state
9-6 without regard to whether the training and education is directed at
9-7 preparing an individual for employment.
9-8 (c) The division [council] shall include in the strategic
9-9 plan goals, objectives, and performance measures for all workforce
9-10 development programs [of state agencies that are represented on the
9-11 council].
9-12 [(d) On approval of the plan by the governor, an agency
9-13 represented on the council shall use the strategic plan to develop
9-14 the agency's operational plan.]
9-15 SECTION 1.08. Section 2308.105, Government Code, is amended
9-16 to read as follows:
9-17 Sec. 2308.105. LOCAL SERVICE INTEGRATION. The governor,
9-18 with the division [council] and the local workforce development
9-19 boards, shall:
9-20 (1) identify specific barriers to integrated service
9-21 delivery at the local level;
9-22 (2) request waivers from federal and state
9-23 regulations; and
9-24 (3) advocate changes in federal and state laws to
9-25 promote local service integration.
9-26 SECTION 1.09. Section 2308.106, Government Code, is amended
9-27 to read as follows:
10-1 Sec. 2308.106. DIVISION [COUNCIL] ASSISTANCE. The division
10-2 [council] shall assist a local workforce development board in
10-3 designing effective measures to accomplish the board's
10-4 responsibilities under Section 2308.302.
10-5 SECTION 1.10. Section 2308.151, Government Code, is amended
10-6 to read as follows:
10-7 Sec. 2308.151. ESTABLISHMENT OF EVALUATION SYSTEM. The
10-8 division [council] shall establish and maintain an automated
10-9 follow-up and evaluation system derived from appropriate available
10-10 information, including:
10-11 (1) unemployment insurance wage records maintained by
10-12 the commission [Texas Employment Commission]; and
10-13 (2) student follow-up information available through
10-14 the Texas Higher Education Coordinating Board.
10-15 SECTION 1.11. Section 2308.152, Government Code, is amended
10-16 to read as follows:
10-17 Sec. 2308.152. USE OF EVALUATION SYSTEM. The follow-up and
10-18 evaluation system shall be used to assist the division [council],
10-19 local workforce development boards, institution boards, the Texas
10-20 Higher Education Coordinating Board, the Central Education Agency,
10-21 and other agencies in evaluating the labor market success and
10-22 effectiveness of workforce development in this state.
10-23 SECTION 1.12. Sections 2308.153(a) and (c), Government Code,
10-24 are amended to read as follows:
10-25 (a) The Texas Education Agency, the Texas Higher Education
10-26 Coordinating Board, the Texas Department of Human Services, and the
10-27 Texas Department of Commerce [Each state agency represented on the
11-1 council] shall provide information to support the division's
11-2 [council's] follow-up and evaluation system as requested.
11-3 (c) The division [council] may develop a method for
11-4 collecting occupational information to supplement wage record
11-5 information collected by the commission [Texas Employment
11-6 Commission]. The division [council] may request employers,
11-7 providers, and other appropriate sources to provide placement,
11-8 employment, and earnings information to the division [council].
11-9 SECTION 1.13. Section 2308.154, Government Code, is amended
11-10 to read as follows:
11-11 Sec. 2308.154. ANALYSIS. At least annually, the division
11-12 [council] shall issue an analysis, by occupation and by the
11-13 provider of the job placement performance, of each workforce
11-14 education program for the previous one-year, three-year, and
11-15 five-year periods to:
11-16 (1) each provider of workforce education or workforce
11-17 training and services;
11-18 (2) the Texas Higher Education Coordinating Board for
11-19 each provider of workforce education approved and administered by
11-20 the board; and
11-21 (3) each local workforce development board for each
11-22 provider of workforce training and services within the workforce
11-23 development area.
11-24 SECTION 1.14. Section 2308.156, Government Code, is amended
11-25 to read as follows:
11-26 Sec. 2308.156. USE BY DIVISION [COUNCIL] AND LOCAL WORKFORCE
11-27 DEVELOPMENT BOARD. The division [council] and each local workforce
12-1 development board shall use the information under this subchapter
12-2 and other information to determine whether a specific workforce
12-3 training and services program administered by the local board is
12-4 effective and whether to continue the training and services
12-5 program.
12-6 SECTION 1.15. Chapter 2308, Government Code, is amended by
12-7 amending the heading of Subchapter E to read as follows:
12-8 SUBCHAPTER E. DIVISION [COUNCIL] RECOMMENDATIONS AND
12-9 IMPLEMENTATION BY STATE AGENCIES
12-10 SECTION 1.16. Section 2308.201, Government Code, is amended
12-11 to read as follows:
12-12 Sec. 2308.201. DEVELOPMENT OF RECOMMENDATIONS. The division
12-13 [council] shall develop recommendations periodically in each of the
12-14 division's [council's] areas of responsibility and shall submit the
12-15 recommendations to the governor.
12-16 SECTION 1.17. Section 2308.202(c), Government Code, is
12-17 amended to read as follows:
12-18 (c) The governor shall:
12-19 (1) return the recommendations to the division
12-20 [council] to be forwarded as appropriate; or
12-21 (2) forward an approved or modified recommendation
12-22 without returning the recommendation to the division [council].
12-23 SECTION 1.18. Section 2308.203, Government Code, is amended
12-24 to read as follows:
12-25 Sec. 2308.203. ACTION BY STATE AGENCIES. (a) A state
12-26 agency that is responsible for the administration of human
12-27 resources and workforce development in this state shall implement a
13-1 recommendation under this subchapter if the recommendation does not
13-2 violate a federal or state law[, regulation, or rule].
13-3 (b) A state agency shall:
13-4 (1) provide requested information to the division
13-5 [council] in a timely manner;
13-6 (2) report on the implementation of the division's
13-7 [council's] recommendations at the time and in the format requested
13-8 by the division [council]; and
13-9 (3) notify the governor, the executive director, and
13-10 the executive director [presiding officer] of the division
13-11 [council] if the agency determines that a recommendation cannot be
13-12 implemented.
13-13 SECTION 1.19. Section 2308.205, Government Code, is amended
13-14 to read as follows:
13-15 Sec. 2308.205. FUND AVAILABILITY AND SERVICES. The Texas
13-16 Education Agency, the Texas Higher Education Coordinating Board,
13-17 the Texas Department of Human Services, and the Texas Department of
13-18 Commerce [A state agency represented on the council] shall provide
13-19 to the division [council] and each local workforce development
13-20 board an estimate of fund availability and services provided by the
13-21 state agency in each local workforce development area.
13-22 SECTION 1.20. Section 2308.206, Government Code, is amended
13-23 to read as follows:
13-24 Sec. 2308.206. PROVISION OF SERVICES BY STATE AGENCIES. The
13-25 Texas Education Agency, the Texas Higher Education Coordinating
13-26 Board, the Texas Department of Human Services, and the Texas
13-27 Department of Commerce [A state agency represented on the council]
14-1 shall, consistent with state and federal law, provide workforce
14-2 training and services in accordance with the local workforce
14-3 development plan developed by the local workforce development board
14-4 and approved by the governor and shall implement rules and policies
14-5 consistent with the plan.
14-6 SECTION 1.21. Section 2308.252(a), Government Code, is
14-7 amended to read as follows:
14-8 (a) The governor shall, after receiving the recommendations
14-9 of the division [council], publish a proposed designation of local
14-10 workforce development areas for the planning and delivery of
14-11 workforce development.
14-12 SECTION 1.22. Section 2308.253, Government Code, is amended
14-13 to read as follows:
14-14 Sec. 2308.253. CREATION OF LOCAL WORKFORCE DEVELOPMENT
14-15 BOARDS. (a) The chief elected officials in a workforce
14-16 development area may form, in accordance with rules established by
14-17 the commission [council], a local workforce development board to:
14-18 (1) plan and oversee the delivery of workforce
14-19 training and services; and
14-20 (2) evaluate workforce development in the workforce
14-21 development area.
14-22 (b) The authority granted under Subsection (a) does not give
14-23 a local workforce development board any direct authority or control
14-24 over workforce funds and programs in its workforce development
14-25 area, other than programs funded through that board.
14-26 (c) Before a local workforce development board may be
14-27 created, at least three-fourths of the chief elected officials in
15-1 the workforce development area who represent units of general local
15-2 government must agree to the creation of the board, including all
15-3 of the chief elected officials who represent units of general local
15-4 government that have populations of at least 200,000. The elected
15-5 officials who agree to the creation of the board must represent at
15-6 least 75 percent of the population of the workforce development
15-7 area.
15-8 (d) The chief elected officials shall consider the views of
15-9 all affected local organizations, including private industry
15-10 councils and quality workforce planning committees, before making a
15-11 final decision on the formation of a board.
15-12 (e) [(c)] An agreement on the formation of a board must be
15-13 in writing and must include:
15-14 (1) the purpose for the agreement;
15-15 (2) the process to be used to select the chief elected
15-16 official who will act on behalf of the other chief elected
15-17 officials;
15-18 (3) the process to be used to keep the chief elected
15-19 officials informed regarding local workforce development
15-20 activities;
15-21 (4) the initial size of the board;
15-22 (5) how resources allocated to the local workforce
15-23 development area are to be shared among the parties to the
15-24 agreement;
15-25 (6) [(4)] the process, consistent with applicable
15-26 federal and state law, for the appointment of the board members;
15-27 and
16-1 (7) [(5)] the terms of office of the board members.
16-2 (f) In a state planning area in which there is more than one
16-3 local workforce development area, the quality workforce planning
16-4 committee of that state planning area shall continue in existence
16-5 to provide labor market information for the entire state planning
16-6 area until local workforce development boards are certified in each
16-7 workforce development area in that state planning area.
16-8 SECTION 1.23. Section 2308.260, Government Code, is amended
16-9 to read as follows:
16-10 Sec. 2308.260. TECHNICAL ADVISORY GROUPS. A board may
16-11 create technical advisory groups composed of both division
16-12 [council] and non-division [noncouncil] members to provide
16-13 assistance to the board.
16-14 SECTION 1.24. Section 2308.262, Government Code, is amended
16-15 to read as follows:
16-16 Sec. 2308.262. BUDGET. A board shall adopt a budget for the
16-17 board that must be included in the local workforce development plan
16-18 submitted to the division [council].
16-19 SECTION 1.25. Sections 2308.264(b) and (d), Government Code,
16-20 are amended to read as follows:
16-21 (b) A board may request from the division [council] a waiver
16-22 of Subsection (a).
16-23 (d) If a board receives a waiver to provide workforce
16-24 training and services, the evaluation of results and outcomes is
16-25 provided by the division [council].
16-26 SECTION 1.26. Sections 2308.267(a) and (c), Government Code,
16-27 are amended to read as follows:
17-1 (a) A board may employ professional, technical, and support
17-2 staff to carry out its [strategic] planning, oversight, and
17-3 evaluation functions.
17-4 (c) The requirement for separate staffing does not preclude
17-5 a board from designating a qualified organization to provide staff
17-6 services to the board if the board:
17-7 (1) arranges for independent evaluation of any other
17-8 workforce services provided by the staffing organization; and
17-9 (2) requests and obtains from the division [council] a
17-10 waiver of the separate staffing requirement.
17-11 SECTION 1.27. Sections 2308.268(a), (b), and (c), Government
17-12 Code, are amended to read as follows:
17-13 (a) The division [council] shall provide technical
17-14 assistance to local workforce development areas that do not meet
17-15 performance standards established under this chapter and other
17-16 applicable federal and state law.
17-17 (b) If a local workforce development area does not meet
17-18 performance standards for two consecutive program years, the
17-19 division [council] shall develop and impose a reorganization plan
17-20 that may include:
17-21 (1) restructuring the board;
17-22 (2) prohibiting the use of designated service
17-23 providers, including state agencies; and
17-24 (3) merging the local workforce development area with
17-25 another area.
17-26 (c) If nonperformance is directly attributable to a specific
17-27 state agency, the division [council] may select an alternative
18-1 provider.
18-2 SECTION 1.28. Section 2308.269, Government Code, is amended
18-3 to read as follows:
18-4 Sec. 2308.269. SANCTIONS FOR LACK OF FISCAL ACCOUNTABILITY.
18-5 If, as a result of financial and compliance audits or for another
18-6 reason, the administering state agency finds a substantial
18-7 violation of a specific provision of this chapter or another
18-8 federal or state law or regulation and corrective action has not
18-9 been taken, the division [council] shall:
18-10 (1) issue a notice of intent to revoke all or part of
18-11 the affected local plan;
18-12 (2) issue a notice of intent to cease immediately
18-13 reimbursement of local program costs; or
18-14 (3) impose a reorganization plan under Section
18-15 2308.268 for the local workforce development area.
18-16 SECTION 1.29. Section 2308.302, Government Code, is amended
18-17 to read as follows:
18-18 Sec. 2308.302. RESPONSIBILITY OF BOARD. (a) A board is
18-19 directly responsible and accountable to the division [council] for
18-20 the planning and oversight of all workforce training and services
18-21 and the evaluation of all workforce development programs in the
18-22 workforce development area. A board shall ensure effective
18-23 outcomes consistent with statewide goals, objectives, and
18-24 performance standards approved by the governor.
18-25 (b) A board is directly responsible to the division for the
18-26 operational planning and administration of all workforce training
18-27 and services funded through the commission to the local area
19-1 [administering state agency].
19-2 SECTION 1.30. Section 2308.305, Government Code, is amended
19-3 to read as follows:
19-4 Sec. 2308.305. USE OF LABOR MARKET INFORMATION SYSTEM. A
19-5 board[, in conjunction with the council,] shall review, verify,
19-6 modify, and use local labor market information developed through
19-7 the state's [establish and operate an automated, interactive] labor
19-8 market information system to identify, by occupation, the labor
19-9 demand by employers in each workforce development area.
19-10 SECTION 1.31. Section 2308.311(b), Government Code, is
19-11 amended to read as follows:
19-12 (b) A board, with the assistance of the labor demand
19-13 occupation report, shall evaluate the supply of
19-14 vocational-technical programs in relation to the demand for the
19-15 programs and report any discrepancies between supply and demand to
19-16 the appropriate educational institution, the Central Education
19-17 Agency, the Texas Higher Education Coordinating Board, the division
19-18 [council], and the Legislative Budget Board.
19-19 ARTICLE 2. CONFORMING AMENDMENTS
19-20 SECTION 2.01. Section 19.011, Education Code, is amended to
19-21 read as follows:
19-22 Sec. 19.011. COORDINATION WITH OTHER STATE AGENCIES. (a)
19-23 In order to achieve the goals stated in Section 19.003, the
19-24 district with the cooperation of the Health and Human Services
19-25 Commission, the division of workforce development of the Texas
19-26 Workforce Commission [Council on Workforce and Economic
19-27 Competitiveness], the Texas Department of Commerce, and the
20-1 department shall provide persons confined or imprisoned in the
20-2 department:
20-3 (1) information from local workforce and development
20-4 boards on job training and employment referral services;
20-5 (2) information on the tax refund voucher program
20-6 under Subchapter D, Chapter 31, Human Resources Code; and
20-7 (3) information on the smart jobs fund program.
20-8 (b) The district may coordinate vocational education and job
20-9 training programs with a local workforce development board
20-10 authorized by the division of workforce development of the Texas
20-11 Workforce Commission [Council on Workforce and Economic
20-12 Competitiveness].
20-13 SECTION 2.02. Section 30.103, Education Code, is amended to
20-14 read as follows:
20-15 Sec. 30.103. MEMORANDUM OF UNDERSTANDING. The Texas Youth
20-16 Commission with the assistance of the division of workforce
20-17 development of the Texas Workforce Commission [Texas Employment
20-18 Commission and the Council on Workforce and Economic
20-19 Competitiveness] shall by rule adopt a memorandum of understanding
20-20 that establishes the respective responsibility of those entities to
20-21 provide through local workforce development boards job training and
20-22 employment assistance programs to children committed or formerly
20-23 sentenced to the Texas Youth Commission. The Texas Youth
20-24 Commission shall coordinate the development of the memorandum of
20-25 understanding and include in its annual report information
20-26 describing the number of children in the preceding year receiving
20-27 services under the memorandum.
21-1 SECTION 2.03. Section 61.051(f), Education Code, is amended
21-2 to read as follows:
21-3 (f) The board shall encourage and develop new certificate
21-4 programs in technical and vocational education in Texas public
21-5 technical institutes and public community colleges as the needs of
21-6 technology and industry may demand and shall recommend the
21-7 elimination of such programs for which a need no longer exists.
21-8 The board shall conduct a review of the certificate programs at
21-9 least every four years or on the request of the division of
21-10 workforce development of the Texas Workforce Commission [Council on
21-11 Workforce and Economic Competitiveness] and shall terminate a
21-12 program that does not meet performance review standards and other
21-13 criteria established by the board. The board shall assume the
21-14 leadership role and administrative responsibilities for state level
21-15 administration of postsecondary technical-vocational education
21-16 programs in Texas public community colleges, public technical
21-17 institutes, and other eligible public postsecondary institutions.
21-18 The board shall ensure that standardized minimum technical and
21-19 skill-specific competency and performance standards for each
21-20 workforce education program, as developed by the division of
21-21 workforce development of the Texas Workforce Commission [Council on
21-22 Workforce and Economic Competitiveness], are used in the board's
21-23 review, approval, or disapproval of a vocational and technical
21-24 program financed by state and federal funds.
21-25 SECTION 2.04. Section 61.077, Education Code, is amended to
21-26 read as follows:
21-27 Sec. 61.077. JOINT ADVISORY COMMITTEE. (a) A joint
22-1 advisory committee shall advise the Texas Higher Education
22-2 Coordinating Board and the State Board of Education in coordinating
22-3 postsecondary career and technology activities, career and
22-4 technology teacher education programs offered or proposed to be
22-5 offered in the colleges and universities of this state, and other
22-6 relevant matters, including those listed in Section 61.076 of this
22-7 code. The committee shall be composed of three members from the
22-8 State Board of Education, appointed by the chairman of the board
22-9 and three members from the Texas Higher Education Coordinating
22-10 Board, appointed by the chairman of the board, one member
22-11 designated by the presiding officer of the division of workforce
22-12 development of the Texas Workforce Commission [Council on Workforce
22-13 and Economic Competitiveness], and one member representing business
22-14 designated by the chair of the Texas Partnership for Economic
22-15 Development. A member of the board shall be designated as chairman
22-16 of the joint advisory committee by the chairman of the board. The
22-17 committee shall hold regular annual meetings as called by the
22-18 chairman.
22-19 (b) The purposes of this committee shall include the
22-20 following:
22-21 (1) to advise the two boards on the coordination of
22-22 postsecondary career and technology education and the articulation
22-23 between postsecondary career and technology education and secondary
22-24 career and technology education;
22-25 (2) to facilitate the transfer of responsibilities for
22-26 the administration of postsecondary career and technology education
22-27 from the State Board of Education to the board in accordance with
23-1 Section 111(a)(I) of the Carl D. Perkins Vocational Education Act,
23-2 Public Law 98-524;
23-3 (3) to advise the State Board of Education, when it
23-4 acts as the State Board for Career and Technology Education, on the
23-5 following:
23-6 (A) the transfer of federal funds to the board
23-7 for allotment to eligible public postsecondary institutions of
23-8 higher education;
23-9 (B) the career and technology education funding
23-10 for projects and institutions as determined by the board when the
23-11 State Board for Career and Technology Education is required by
23-12 federal law to endorse such determinations;
23-13 (C) the development and updating of the state
23-14 plan for career and technology education and the evaluation of
23-15 programs, services, and activities of postsecondary career and
23-16 technology education and such amendments to the state plan for
23-17 career and technology education as may relate to postsecondary
23-18 education;
23-19 (D) other matters related to postsecondary
23-20 career and technology education; and
23-21 (E) the coordination of curricula, instructional
23-22 programs, research, and other functions as appropriate, including
23-23 areas listed in Section 61.076 of this code, school-to-work and
23-24 school-to-college transition programs, and professional development
23-25 activities; and
23-26 (4) to advise the division of workforce development of
23-27 the Texas Workforce Commission [Council on Workforce and Economic
24-1 Competitiveness] on educational policy issues related to workforce
24-2 preparation.
24-3 SECTION 2.05. Sections 76.014(a) and (c), Government Code,
24-4 are amended to read as follows:
24-5 (a) A department, with the assistance of the Texas Workforce
24-6 Commission, local workforce development boards [public school
24-7 districts, community and public junior colleges, public and private
24-8 institutions of higher education], and other appropriate public and
24-9 private entities, may establish a developmental program for a
24-10 defendant under the supervision of the department on the basis of
24-11 information obtained in the presentence investigation report
24-12 prepared for the defendant.
24-13 (c) To decrease expenditures by departments for the
24-14 educational and vocational skills assessment and enhancement
24-15 program established under this section, the Texas Department of
24-16 Commerce shall provide information to departments, the Texas
24-17 Workforce Commission, local workforce development boards [public
24-18 school districts, community and public junior colleges, public and
24-19 private institutions of higher education], and other appropriate
24-20 public and private entities for obtaining financial assistance
24-21 through programs under Chapter 301, Labor Code, and other
24-22 applicable programs of public or private entities.
24-23 SECTION 2.06. Sections 481.026(a) and (b), Government Code,
24-24 are amended to read as follows:
24-25 (a) In this section, "division" ["council"] means the
24-26 division of workforce development of the Texas Workforce Commission
24-27 [Council on Workforce and Economic Competitiveness].
25-1 (b) The division [council] shall:
25-2 (1) advise the governor, [the Texas Workforce
25-3 Commission,] the State Board of Education, the Texas Higher
25-4 Education Coordinating Board, and any group interested in literacy
25-5 on policy, planning, research, and program development;
25-6 (2) coordinate the development and maintenance of a
25-7 literacy services delivery system;
25-8 (3) oversee the attainment of the state's literacy
25-9 goals;
25-10 (4) build a partnership with the private sector in
25-11 order to inform the objectives-setting process and to gain
25-12 acceptance of the services of a functional literacy program;
25-13 (5) provide state leadership to encourage and support
25-14 local and statewide literacy efforts;
25-15 (6) advocate the importance of literacy to ensure that
25-16 all in need of assistance understand the benefits of increased
25-17 functional literacy and to ensure that the necessary resources are
25-18 available;
25-19 (7) make literacy instruction available to adults and
25-20 out-of-school youth by ensuring that a comprehensive literacy
25-21 instruction capacity is present in every Texas community;
25-22 (8) coordinate and improve local literacy instruction
25-23 to ensure the most efficient and effective use of resources to meet
25-24 adult education goals;
25-25 (9) identify state and local literacy programs and
25-26 enter them in a directory for centralized referral and
25-27 communication;
26-1 (10) continue oversight of literacy needs analysis;
26-2 (11) continue to develop an awareness campaign;
26-3 (12) develop a timetable and objectives for reaching
26-4 the proposed goals and subgoals; and
26-5 (13) make recommendations to the governor, lieutenant
26-6 governor, and speaker of the house of representatives or other
26-7 state officials or organizations that it considers appropriate
26-8 regarding the expenditure of funds and the administration of
26-9 programs.
26-10 SECTION 2.07. Section 497.094(b), Government Code, is
26-11 amended to read as follows:
26-12 (b) The department and the division of workforce development
26-13 of the Texas Workforce Commission [Council on Workforce and
26-14 Economic Competitiveness] by rule shall adopt a memorandum of
26-15 understanding that establishes the respective responsibility of
26-16 those entities to provide through local workforce development
26-17 boards job training and employment assistance to persons formerly
26-18 sentenced to the institutional division or the state jail division
26-19 and information on services available to employers or potential
26-20 employers of those persons. The department shall coordinate the
26-21 development of the memorandum of understanding.
26-22 SECTION 2.08. Sections 217.007(a) and (b), Labor Code, are
26-23 amended to read as follows:
26-24 (a) To assist in the reintegration into the labor force of
26-25 persons formerly sentenced to the institutional division or the
26-26 state jail division, the commission through Project Rio shall
26-27 provide:
27-1 (1) to those persons:
27-2 (A) information from local workforce development
27-3 boards on job training and employment referral services;
27-4 (B) information from the Texas Commission on
27-5 Alcohol and Drug Abuse on substance abuse treatment services;
27-6 (C) information from the Texas Department of
27-7 Housing and Community Affairs on housing services;
27-8 (D) information from the Texas Veterans
27-9 Commission on services for veterans; and
27-10 (E) information from the Texas Department of
27-11 Human Services on tax refund voucher programs under Subchapter D,
27-12 Chapter 31, Human Resources Code; and
27-13 (2) to the employers and potential employers of those
27-14 persons:
27-15 (A) information from the Texas Department of
27-16 Commerce on the enterprise zone program and smart jobs fund
27-17 program; and
27-18 (B) information from local workforce development
27-19 boards on services listed in Section 2308.304, Government Code
27-20 [4.05(a), Workforce and Economic Competitiveness Act (Article
27-21 5190.7a, Vernon's Texas Civil Statutes)].
27-22 (b) The commission shall adopt a memorandum of understanding
27-23 with each of the following agencies that establishes the respective
27-24 responsibilities of the commission and the agencies in providing
27-25 information described by Subsection (a) to persons formerly
27-26 sentenced to the institutional division or the state jail division
27-27 of the Texas Department of Criminal Justice, to employers or
28-1 potential employers of those persons, and to local workforce
28-2 development boards:
28-3 (1) the Texas Commission on Alcohol and Drug Abuse;
28-4 (2) the Texas Department of Housing and Community
28-5 Affairs;
28-6 (3) the Texas Veterans Commission;
28-7 (4) the Texas Department of Human Services; and
28-8 (5) the Texas Department of Commerce[; and]
28-9 [(6) the Council on Workforce and Economic
28-10 Competitiveness].
28-11 SECTION 2.09. Section 301.001(d), Labor Code, is amended to
28-12 read as follows:
28-13 (d) In this title:
28-14 (1) "Chair" means the chair of the commission.
28-15 (2) "Commission" means the Texas Workforce Commission.
28-16 (3) ["Council" means the Council on Workforce and
28-17 Economic Competitiveness.]
28-18 [(4)] "Employment service" means the commission or the
28-19 entity designated by the commission to implement duties imposed
28-20 under the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.).
28-21 (4) [(5)] "Executive director" means the executive
28-22 director of the commission.
28-23 (5) [(6)] "Local workforce development board" means an
28-24 entity formed under Section 2308.253, Government Code [4.01,
28-25 Workforce and Economic Competitiveness Act (Article 5190.7a,
28-26 Vernon's Texas Civil Statutes)].
29-1 ARTICLE 3. REPEALER; ADDITIONAL NONSUBSTANTIVE CHANGES;
29-2 EFFECTIVE DATE; EMERGENCY
29-3 SECTION 3.01. The following laws are repealed:
29-4 (1) Sections 2308.005, 2308.157, 2308.158, 2308.159,
29-5 and 2308.204, Government Code;
29-6 (2) Subchapter B, Chapter 2308, Government Code; and
29-7 (3) Section 302.042, Labor Code.
29-8 SECTION 3.02. (a) In addition to the substantive changes in
29-9 law made by this Act, this Act conforms Sections 2308.002,
29-10 2308.101, 2308.102, 2308.104, 2308.106, 2308.154, 2308.203,
29-11 2308.253, 2308.262, 2308.267, 2308.269, 2308.302, and 2308.305,
29-12 Government Code, to changes in the law made by Chapters 76 and 655,
29-13 Acts of the 74th Legislature, Regular Session, 1995.
29-14 (b) To the extent of any conflict, this Act prevails over
29-15 another Act of the 75th Legislature, Regular Session, 1997,
29-16 relating to nonsubstantive additions to and corrections in enacted
29-17 codes.
29-18 SECTION 3.03. (a) This Act takes effect September 1, 1997.
29-19 (b) The Texas Council on Workforce and Economic
29-20 Competitiveness is abolished and its powers and duties are
29-21 transferred to the division of workforce development of the Texas
29-22 Workforce Commission. The terms of office of the members of the
29-23 council expire on the effective date of this Act. A reference in
29-24 law to the Texas Council on Workforce and Economic Competitiveness
29-25 means the division of workforce development of the Texas Workforce
29-26 Commission.
29-27 (c) The division of workforce development of the Texas
30-1 Workforce Commission has all the powers and duties provided by law
30-2 and all the property, funds, rules, employees, unspent
30-3 appropriations, documents, rights, and obligations of the abolished
30-4 council, except to the extent the laws governing the council's
30-5 powers and duties are amended by this Act.
30-6 (d) The rules, policies, procedures, and decisions of the
30-7 abolished council are continued in effect as rules, policies,
30-8 procedures, and decisions of the division of workforce development
30-9 of the Texas Workforce Commission until superseded by a rule or
30-10 other appropriate action of the Texas Workforce Commission.
30-11 (e) The validity of a rule, form, or procedure adopted,
30-12 contract or acquisition made, proceeding begun, obligation
30-13 incurred, right accrued, or other action taken by or in connection
30-14 with the authority of the Texas Council on Workforce and Economic
30-15 Competitiveness before it is abolished under Subsection (b) of this
30-16 section is not affected by this Act. To the extent those actions
30-17 continue to have any affect on or after September 1, 1997, they are
30-18 considered to be the actions of the division of workforce
30-19 development of the Texas Workforce Commission.
30-20 SECTION 3.04. The importance of this legislation and the
30-21 crowded condition of the calendars in both houses create an
30-22 emergency and an imperative public necessity that the
30-23 constitutional rule requiring bills to be read on three several
30-24 days in each house be suspended, and this rule is hereby suspended.