By Ellis, et al. S.B. No. 1489
75R4485 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to adult literacy funding and coordination.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 466.355, Government Code, is amended by
1-5 adding Subsection (c) to read as follows:
1-6 (c) On the last day of each state fiscal biennium, the
1-7 comptroller shall transfer to the adult literacy account in the
1-8 general revenue fund from the unobligated portion of the general
1-9 revenue fund an amount equal to 10 percent of the amount, if any,
1-10 by which revenue transferred to the unobligated portion of the
1-11 general revenue fund for that biennium from the state lottery
1-12 account exceeded the revenue that the comptroller had estimated, at
1-13 the time the comptroller certified the general appropriations bill
1-14 for that biennium, would be transferred to the unobligated portion
1-15 of the general revenue fund for that biennium from the state
1-16 lottery account.
1-17 SECTION 2. Subtitle B, Title 4, Labor Code, is amended by
1-18 adding Chapter 308 to read as follows:
1-19 CHAPTER 308. LITERACY
1-20 Sec. 308.001. STATE COORDINATION OF LITERACY PROGRAMS. (a)
1-21 In this section, "council" means the Council on Workforce and
1-22 Economic Competitiveness.
1-23 (b) The council shall:
1-24 (1) advise the governor, the commission, the State
2-1 Board of Education, the Texas Higher Education Coordinating Board,
2-2 and any group interested in literacy on policy, planning, research,
2-3 and program development;
2-4 (2) coordinate the development and maintenance of a
2-5 literacy services delivery system;
2-6 (3) oversee the attainment of the state's literacy
2-7 goals;
2-8 (4) build a partnership with the private sector in
2-9 order to inform the objectives-setting process and to gain
2-10 acceptance of the services of a functional literacy program;
2-11 (5) provide state leadership to encourage and support
2-12 local and statewide literacy efforts;
2-13 (6) advocate the importance of literacy to ensure that
2-14 all in need of assistance understand the benefits of increased
2-15 functional literacy and to ensure that the necessary resources are
2-16 available;
2-17 (7) make literacy instruction available to adults and
2-18 out-of-school youth by ensuring that a comprehensive literacy
2-19 instruction capacity is present in every Texas community;
2-20 (8) coordinate and improve local literacy instruction
2-21 to ensure the most efficient and effective use of resources to meet
2-22 adult education goals;
2-23 (9) identify state and local literacy programs and
2-24 enter them in a directory for centralized referral and
2-25 communication;
2-26 (10) continue oversight of literacy needs analysis;
2-27 (11) continue to develop an awareness campaign;
3-1 (12) develop a timetable and objectives for reaching
3-2 the proposed goals and subgoals; and
3-3 (13) make recommendations to the governor, lieutenant
3-4 governor, and speaker of the house of representatives or other
3-5 state officials or organizations that it considers appropriate
3-6 regarding the expenditure of funds and the administration of
3-7 programs.
3-8 (c) The commission may award literacy grants out of state,
3-9 local, federal, and private money available to the commission for
3-10 that purpose. Grants shall be awarded under guidelines set by the
3-11 commission. The guidelines shall include a competitive request for
3-12 proposal process that includes criteria for evaluating the
3-13 proposals.
3-14 (d) The commission may establish a Texas literacy trust fund
3-15 for the purpose of collecting private funds for distribution to
3-16 community literacy programs. The fund must meet all applicable
3-17 requirements under state and federal law necessary for
3-18 qualification as a nonprofit trust. The fund, if established,
3-19 shall be a separate fund kept and held in escrow and in trust by
3-20 the comptroller for and on behalf of the commission as funds held
3-21 outside the treasury under Section 404.073, Government Code.
3-22 Unless prohibited by other law, the comptroller may invest and
3-23 reinvest the money, pending its use, in the fund in investments
3-24 authorized by law for state funds that the comptroller considers
3-25 appropriate. The commission shall distribute money from the fund
3-26 under guidelines set by the commission.
3-27 Sec. 308.002. ADULT LITERACY ACCOUNT. (a) The adult
4-1 literacy account is established as an account in the general
4-2 revenue fund.
4-3 (b) The adult literacy account consists of:
4-4 (1) money transferred from the general revenue fund as
4-5 provided by Section 466.355, Government Code;
4-6 (2) gifts and grants made to the account;
4-7 (3) amounts appropriated to the account by the
4-8 legislature;
4-9 (4) other money the commission obtains for deposit to
4-10 the account; and
4-11 (5) interest earned on the money in the account.
4-12 (c) The commission may make grants from the interest earned
4-13 on the money in the adult literacy account to adult literacy
4-14 programs that the commission determines will most effectively use
4-15 the grant to further adult literacy in this state. A grant may be
4-16 made only to fund a program operated by a nonprofit organization
4-17 approved by the commission or by a consortium or association that
4-18 includes a nonprofit organization approved by the commission as a
4-19 principal participant. The commission may not distribute the
4-20 principal of the adult literacy account.
4-21 (d) The commission shall establish an advisory committee to
4-22 assist the commission in administering this section. The
4-23 commission shall establish the terms of the appointed members of
4-24 the advisory committee. The advisory committee consists of nine
4-25 members selected as follows:
4-26 (1) one representative of the Texas Education Agency
4-27 designated by the commissioner of education;
5-1 (2) one representative of the commission designated by
5-2 the executive director of the commission; and
5-3 (3) the following members appointed by the executive
5-4 director of the commission:
5-5 (A) one representative of a statewide coalition
5-6 or association of community-based adult literacy programs, to serve
5-7 as presiding officer of the committee;
5-8 (B) one member representing community-based
5-9 adult literacy organizations in rural areas;
5-10 (C) one member representing community-based
5-11 adult literacy organizations in urban areas;
5-12 (D) two members representing different statewide
5-13 adult literacy organizations;
5-14 (E) one member representing local workforce
5-15 development boards; and
5-16 (F) one member representing the business
5-17 community.
5-18 (e) The commission shall adopt rules for the awarding and
5-19 distribution of grants under this section.
5-20 SECTION 3. Section 481.026, Government Code, is repealed.
5-21 SECTION 4. (a) This Act takes effect September 1, 1997.
5-22 (b) On the effective date of this Act, all funds and
5-23 accounts established under Section 481.026, Government Code,
5-24 including the Texas literacy trust fund, are transferred from the
5-25 management of the Texas Department of Commerce to the management of
5-26 the Texas Workforce Commission under Section 308.001, Labor Code,
5-27 as added by this Act.
6-1 SECTION 5. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.