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.