By: Barrientos, et al. S.B. No. 1810
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, operation, and funding of the Texas
1-2 Youthworks Program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 2306, Government Code, is amended by
1-5 adding Subchapter BB to read as follows:
1-6 SUBCHAPTER BB. TEXAS YOUTHWORKS PROGRAM
1-7 Sec. 2306.621. DEFINITION. In this subchapter, "sustainable
1-8 construction or rehabilitation" means long-lasting,
1-9 energy-efficient construction or rehabilitation that reduces the
1-10 energy costs of conventional construction or rehabilitation by not
1-11 less than 20 percent.
1-12 Sec. 2306.622. TEXAS YOUTHWORKS PROGRAM. (a) The Texas
1-13 Youthworks Program is created in the department to:
1-14 (1) promote economic self-sufficiency of disadvantaged
1-15 or at-risk youth by providing the youth with opportunities to
1-16 acquire job skills while performing community service activities;
1-17 and
1-18 (2) create opportunities for communities to restore
1-19 abandoned properties and historic areas, enhance public places, and
1-20 increase the availability of affordable, energy-efficient housing
1-21 for individuals and families of low and very low income.
1-22 (b) The department shall administer the program and may
1-23 employ personnel as necessary to administer the program.
2-1 Sec. 2306.623. RULES. The board shall adopt rules as
2-2 necessary to implement the program, including rules for auditing
2-3 and accountability.
2-4 Sec. 2306.624. FUNDING. (a) The program is funded by
2-5 appropriations from the legislature and other available money
2-6 identified by the department or other state agencies.
2-7 (b) The department may accept gifts, grants, and other
2-8 donations for operation of the program.
2-9 Sec. 2306.625. GRANTS. The director may award grants under
2-10 the program to eligible entities for projects that meet the
2-11 requirements of this subchapter.
2-12 Sec. 2306.626. ELIGIBLE PARTICIPANTS. (a) To be eligible
2-13 to receive a grant, an entity must use the grant for a project that
2-14 provides services specified in Section 2306.627 to participants 16
2-15 years of age or older but younger than 24 years of age who are not
2-16 attending high school and have not received a high school diploma
2-17 or high school equivalency certificate or who are attending high
2-18 school or a program leading to a high school equivalency
2-19 certificate but are at risk of dropping out of high school or the
2-20 program.
2-21 (b) In addition to the requirements of Subsection (a), a
2-22 participant must also be:
2-23 (1) a member of a household that receives public
2-24 assistance and earns not more than 80 percent of the area median
2-25 income;
3-1 (2) errant or homeless or a potential ward of the
3-2 Texas Department of Criminal Justice or Texas Youth Commission;
3-3 (3) referred by another state agency; or
3-4 (4) educationally disadvantaged, as defined by board
3-5 rule.
3-6 (c) The department may authorize an entity to provide
3-7 services to a participant who does not meet the requirements of
3-8 Subsections (a) and (b).
3-9 Sec. 2306.627. SERVICES TO PARTICIPANTS. (a) A project for
3-10 which a grant is received under the program shall provide a
3-11 participant in the project with:
3-12 (1) integrated job and education training divided
3-13 between:
3-14 (A) practical, hands-on work experience at
3-15 project sites; and
3-16 (B) if the participant has not received a high
3-17 school diploma or high school equivalency certificate, academic and
3-18 project-based instruction designed to result in the attainment of a
3-19 high school diploma or high school equivalency certificate;
3-20 (2) direct access to counseling and support services,
3-21 including assessment and orientation services, life-skills
3-22 training, peer tutoring, gang prevention techniques, parenting and
3-23 child-care skills, and medical and legal screening and referrals;
3-24 (3) direct access to leadership training designed to
3-25 develop ethics, citizenship, personal responsibility, critical
4-1 thinking, and decision-making, problem-solving, and negotiation
4-2 skills;
4-3 (4) direct access to assistance in making the
4-4 transition from training to economic self-sufficiency, including
4-5 career counseling, job placement, personal finance, home buyer
4-6 education, and follow-up services;
4-7 (5) a training stipend in an amount determined by
4-8 board rule for a period not to exceed two years that is conditioned
4-9 on the participant's demonstrating improved job performance and
4-10 personal responsibility; and
4-11 (6) an opportunity to earn scholarship awards for
4-12 college tuition.
4-13 (b) A stipend provided under Subsection (a)(5) does not
4-14 count as income for purposes of determining the eligibility of the
4-15 participant or the participant's household for any form of public
4-16 assistance.
4-17 Sec. 2306.628. COMMUNITY BENEFIT. A project for which a
4-18 grant is received under the program shall provide at least one of
4-19 the following services to a community in which the project is
4-20 located:
4-21 (1) acquisition, rehabilitation, or construction of
4-22 energy-efficient, affordable housing for elderly individuals,
4-23 veterans of the United States armed forces, former participants in
4-24 the Peace Corps, VISTA, or AmeriCorps program, or individuals and
4-25 families of low and very low income;
5-1 (2) transitional housing for individuals who are
5-2 homeless or who have mental or physical disabilities; or
5-3 (3) sustainable construction or rehabilitation in
5-4 low-income neighborhoods of historic properties, community
5-5 facilities, cultural districts, or parks owned by public or
5-6 nonprofit agencies.
5-7 Sec. 2306.629. ADVISORY BOARD; PARTICIPANT COUNCIL. An
5-8 entity that is awarded a grant for a project under the program
5-9 shall establish:
5-10 (1) an advisory board for the project that includes
5-11 senior staff of the entity operating the project, area employers,
5-12 industrial leaders, and participants in the project; and
5-13 (2) a participant council to provide comments and
5-14 suggestions regarding project policies.
5-15 Sec. 2306.630. GRANT APPLICATION. (a) Subject to
5-16 Subsection (b), the following entities may apply to receive a grant
5-17 for an eligible project under this subchapter:
5-18 (1) a private, nonprofit, tax-exempt organization
5-19 listed in Section 501(c)(3), Internal Revenue Code of 1986 (26
5-20 U.S.C. Section 501(c)(3));
5-21 (2) a public agency that operates a community-based
5-22 youth employment training program;
5-23 (3) a community housing development organization
5-24 certified by the state;
5-25 (4) an educational facility approved by the Texas
6-1 Youth Commission;
6-2 (5) a corps-based community service organization;
6-3 (6) an open-enrollment charter school approved by the
6-4 Texas Education Agency; or
6-5 (7) another entity authorized by board rule.
6-6 (b) To be eligible to receive a grant, an applicant must
6-7 demonstrate that the applicant has at least three years of
6-8 successful experience operating programs that benefit disadvantaged
6-9 or at-risk youth.
6-10 (c) A grant application for a proposed project must be filed
6-11 with the department in a form prescribed by the director. An
6-12 application must include:
6-13 (1) a statement of the amount of money requested;
6-14 (2) a description of the proposed project;
6-15 (3) a description of the applicant's qualifications,
6-16 including the applicant's experience with youth, law enforcement
6-17 agencies, and educational and community groups;
6-18 (4) if applicable, a list of proposed sites for
6-19 construction or rehabilitation of housing or other buildings;
6-20 (5) if applicable, a description of proposed
6-21 sustainable construction or rehabilitation activities, including an
6-22 implementation schedule;
6-23 (6) a description of the applicant's proposed
6-24 procedures for recruiting and selecting participants in the
6-25 project;
7-1 (7) a proposed budget, including procedures for
7-2 auditing and accountability;
7-3 (8) if applicable, a description of proposed financing
7-4 for property acquisition, rehabilitation, or construction;
7-5 (9) a list of relevant contracts or other arrangements
7-6 between the applicant and public agencies that will facilitate
7-7 implementation of the project;
7-8 (10) a list of prospective donations, grants, or
7-9 in-kind contributions for the project that will supplement money
7-10 received through the grant; and
7-11 (11) a certification of the applicant's compliance
7-12 with:
7-13 (A) state and federal fair housing laws;
7-14 (B) the Civil Rights Act of 1964 (42 U.S.C.
7-15 Section 2000a et seq.);
7-16 (C) the Americans with Disabilities Act of 1990
7-17 (42 U.S.C. Section 12101 et seq.);
7-18 (D) the federal Rehabilitation Act of 1973 (29
7-19 U.S.C. Section 701 et seq.); and
7-20 (E) the Age Discrimination in Employment Act of
7-21 1967 (29 U.S.C. Section 621 et seq.).
7-22 (d) In awarding a grant under the program, the director:
7-23 (1) may give preference to an applicant who has
7-24 experience in providing the services proposed to be provided under
7-25 the project; and
8-1 (2) shall give preference to an applicant who can
8-2 document the existence of matching contributions from other sources
8-3 and support from local organizations, community leaders, and
8-4 elected officials.
8-5 Sec. 2306.631. OTHER FUNDING SOURCES REQUIRED. The
8-6 department may not provide more than 75 percent of the money
8-7 budgeted for a project.
8-8 Sec. 2306.632. LIMIT ON ADMINISTRATIVE EXPENSE. Not more
8-9 than 15 percent of the money awarded under the program for a
8-10 project may be used for administrative costs associated with the
8-11 project.
8-12 Sec. 2306.633. ANNUAL REPORT. (a) The director shall
8-13 report to the governor and the legislature at the end of each
8-14 fiscal year on the status of the program.
8-15 (b) The annual report must include for that fiscal year:
8-16 (1) the number of grants awarded;
8-17 (2) the total amount of grants awarded;
8-18 (3) the geographical distribution of grants awarded;
8-19 (4) the number of youth and other persons
8-20 participating in projects funded by grants;
8-21 (5) the number of youth and other persons who secured
8-22 permanent jobs at the conclusion of participation in projects
8-23 funded by grants; and
8-24 (6) the number of housing units constructed or
8-25 rehabilitated through projects funded by grants.
9-1 SECTION 2. (a) A work group is established to assist the
9-2 Texas Department of Housing and Community Affairs in implementing
9-3 and promoting the Texas Youthworks Program created by Section
9-4 2306.622, Government Code, as added by this Act. Specifically, the
9-5 work group shall:
9-6 (1) identify all available state and federal sources
9-7 of funding for the program; and
9-8 (2) identify appropriate state programs, services, or
9-9 activities that could be delivered by referring eligible
9-10 individuals to the program.
9-11 (b) The work group is composed of the chief administrative
9-12 officer, or a person designated by that officer, of each of the
9-13 following agencies:
9-14 (1) the Texas Department of Housing and Community
9-15 Affairs;
9-16 (2) the Texas Workforce Commission;
9-17 (3) the Texas Youth Commission;
9-18 (4) the Texas Education Agency;
9-19 (5) the Texas Juvenile Probation Commission;
9-20 (6) the community justice assistance division of the
9-21 Texas Department of Criminal Justice; and
9-22 (7) any other state agency that chooses to participate
9-23 in the work group's activities.
9-24 (c) A member of the work group designated by a chief
9-25 administrative officer serves at the will of the designating
10-1 officer.
10-2 (d) The members of the work group shall elect a presiding
10-3 officer and any other necessary officers for the work group.
10-4 (e) The work group shall meet at the call of the presiding
10-5 officer.
10-6 (f) A member of the work group receives no compensation for
10-7 serving on the work group.
10-8 (g) The work group is not subject to Article 6252-33,
10-9 Revised Statutes.
10-10 (h) The work group shall be formed and shall hold its first
10-11 meeting not later than November 1, 1997.
10-12 (i) Not later than November 15, 1998, the work group shall:
10-13 (1) complete the tasks specified in Subsection (a) of
10-14 this section; and
10-15 (2) submit a report to the legislature containing the
10-16 work group's findings and recommendations for funding and utilizing
10-17 the program.
10-18 (j) The work group dissolves and this section expires
10-19 September 1, 1999.
10-20 SECTION 3. If, before implementing any provision of this
10-21 Act, a state agency determines that a waiver or authorization from
10-22 a federal agency is necessary for implementation, the state agency
10-23 shall request the waiver or authorization and may delay
10-24 implementing that provision until the waiver or authorization is
10-25 granted.
11-1 SECTION 4. This Act takes effect September 1, 1997.
11-2 SECTION 5. The importance of this legislation and the
11-3 crowded condition of the calendars in both houses create an
11-4 emergency and an imperative public necessity that the
11-5 constitutional rule requiring bills to be read on three several
11-6 days in each house be suspended, and this rule is hereby suspended.