By Truan                                        S.B. No. 1043

      75R3113 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the review by the Texas Workforce Commission of the

 1-3     equal employment opportunity practices and other policies of local

 1-4     workforce development programs.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter C, Chapter 302, Labor Code, is amended

 1-7     by adding Sections 302.044 and 302.045 to read as follows:

 1-8           Sec.  302.044. REVIEW OF EQUAL EMPLOYMENT OPPORTUNITY

 1-9     POLICIES AND PRACTICES IN LOCAL WORKFORCE PROGRAMS.  (a)  The

1-10     director shall review the equal employment opportunity policies and

1-11     practices of:

1-12                 (1)  local workforce development boards;  and

1-13                 (2)  entities that contract with a local workforce

1-14     development board.

1-15           (b)  The commission shall report annually to the presiding

1-16     officer of each house of the legislature and to the Workforce

1-17     Development Legislative Oversight Committee on the findings of the

1-18     director's review under Subsection (a).

1-19           (c)  The commission shall adopt rules prescribing the scope

1-20     of the director's review under Subsection (a), including rules that

1-21     state the commission's equal employment opportunity goals and that

1-22     identify specific equal employment opportunity policies and

1-23     practices that are required to be included in the director's

1-24     review.

 2-1           Sec. 302.045.  SANCTIONS FOR NONCOMPLIANCE WITH EQUAL

 2-2     EMPLOYMENT OPPORTUNITY STANDARDS AND GOALS.  (a)  The director

 2-3     shall notify the commission of any local workforce development

 2-4     board or entity contracting with a local board the director

 2-5     identifies as failing to comply with the equal employment

 2-6     opportunity standards and goals prescribed by the commission under

 2-7     Section 302.044.  The director shall inform the appropriate local

 2-8     board that the director has sent notice to the commission under

 2-9     this subsection.

2-10           (b)  On receipt of  notice from the director under Subsection

2-11     (a), the commission shall suspend funding to the appropriate local

2-12     workforce development board not later than the 30th day after the

2-13     date of receiving notice.

2-14           (c)  A local workforce development board must submit to the

2-15     commission for its approval the local board's plan to meet the

2-16     commission's equal employment opportunity standards and goals.  On

2-17     approval of the plan, the commission shall resume funding to the

2-18     board if funding has been suspended under Subsection (b).

2-19           (d)  Not later than the 90th day after the date a plan is

2-20     approved by the commission, the Commission on Human Rights shall

2-21     review the plan and determine whether the local board and each

2-22     entity contracting with the board is in compliance with the plan.

2-23     The Commission on Human Rights shall notify the commission of a

2-24     determination that a local board is not in compliance and the

2-25     commission shall suspend funding to the local board as provided by

2-26     Subsection (b).  The local board must submit a new plan to the

2-27     commission for approval under Subsection (c).  The Commission on

 3-1     Human Rights shall review  the local board's subsequent  plan and

 3-2     determine compliance as provided by this subsection.

 3-3           (e)  On receipt of a second notification that a local board

 3-4     is not in compliance with a plan approved by the commission, the

 3-5     commission shall terminate funding to the local board and the local

 3-6     board shall be subject to reorganization.

 3-7           (f)  An entity may not contract with a local workforce

 3-8     development board in this state if the entity is identified by the

 3-9     Commission on Human Rights as contributing to a local board's

3-10     failure to comply with the local board's plan and the commission

3-11     terminates funding to the local board under Subsection (e).  The

3-12     ineligibility under this subsection of an entity to contract with a

3-13     local board expires on the fifth anniversary of the date the local

3-14     board's funding is terminated.

3-15           SECTION 2.  (a)  This Act takes effect September 1, 1997.

3-16           (b)  The Texas Workforce Commission shall adopt rules

3-17     required under Section 302.044, Labor Code, as added by this Act,

3-18     not later than January 1, 1998.

3-19           (c)  The Texas Workforce Commission shall make the initial

3-20     report to the presiding officer of each house of the legislature

3-21     and to the Workforce Development Legislative Oversight Committee

3-22     required by Section 302.044, Labor Code, as added by this Act, not

3-23     later than February 1, 1999.

3-24           SECTION 3.  The importance of this legislation and the

3-25     crowded condition of the calendars in both houses create an

3-26     emergency and an imperative public necessity that the

3-27     constitutional rule requiring bills to be read on three several

 4-1     days in each house be suspended, and this rule is hereby suspended.