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.