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.

1-24           Sec. 2306.623.  RULES.  The board shall adopt rules as

 2-1     necessary to implement the program, including rules for auditing

 2-2     and accountability.

 2-3           Sec. 2306.624.  FUNDING.  (a)  The program is funded by

 2-4     appropriations from the legislature and other available money

 2-5     identified by the department or other state agencies.

 2-6           (b)  The department may accept gifts, grants, and other

 2-7     donations for operation of the program.

 2-8           Sec. 2306.625.  GRANTS.  The director may award grants under

 2-9     the program to eligible entities for projects that meet the

2-10     requirements of this subchapter.

2-11           Sec. 2306.626.  ELIGIBLE PARTICIPANTS.  (a)  To be eligible

2-12     to receive a grant, an entity must use the grant for a project that

2-13     provides services specified in Section 2306.627 to participants 16

2-14     years of age or older but younger than 24 years of age who are not

2-15     attending high school and have not received a high school diploma

2-16     or high school equivalency certificate or who are attending high

2-17     school or a program leading to a high school equivalency

2-18     certificate but are at risk of dropping out of high school or the

2-19     program.

2-20           (b)  In addition to the requirements of Subsection (a), a

2-21     participant must also be:

2-22                 (1)  a member of a household that receives public

2-23     assistance and earns not more than 80 percent of the area median

2-24     income;

2-25                 (2)  errant or homeless or a potential ward of the

2-26     Texas Department of Criminal Justice or Texas Youth Commission;

2-27                 (3)  referred by another state agency; or

 3-1                 (4)  educationally disadvantaged, as defined by board

 3-2     rule.

 3-3           (c)  The department may authorize an entity to provide

 3-4     services to a participant who does not meet the requirements of

 3-5     Subsections (a) and (b).

 3-6           Sec. 2306.627.  SERVICES TO PARTICIPANTS.  (a)  A project for

 3-7     which a grant is received under the program shall provide a

 3-8     participant in the project with:

 3-9                 (1)  integrated job and education training divided

3-10     between:

3-11                       (A)  practical, hands-on work experience at

3-12     project sites; and

3-13                       (B)  if the participant has not received a high

3-14     school diploma or high school equivalency certificate, academic and

3-15     project-based instruction designed to result in the attainment of a

3-16     high school diploma or high school equivalency certificate;

3-17                 (2)  direct access to counseling and support services,

3-18     including assessment and orientation services, life-skills

3-19     training, peer tutoring, gang prevention techniques, parenting and

3-20     child-care skills, and medical and legal screening and referrals;

3-21                 (3)  direct access to leadership training designed to

3-22     develop ethics, citizenship, personal responsibility, critical

3-23     thinking, and decision-making, problem-solving, and negotiation

3-24     skills;

3-25                 (4)  direct access to assistance in making the

3-26     transition from training to economic self-sufficiency, including

3-27     career counseling, job placement, personal finance, home buyer

 4-1     education, and follow-up services;

 4-2                 (5)  a training stipend in an amount determined by

 4-3     board rule for a period not to exceed two years that is conditioned

 4-4     on the participant's demonstrating improved job performance and

 4-5     personal responsibility; and

 4-6                 (6)  an opportunity to earn scholarship awards for

 4-7     college tuition.

 4-8           (b)  A stipend provided under Subsection (a)(5) does not

 4-9     count as income for purposes of determining the eligibility of the

4-10     participant or the participant's household for any form of public

4-11     assistance.

4-12           Sec. 2306.628.  COMMUNITY BENEFIT.  A project for which a

4-13     grant is received under the program shall provide at least one of

4-14     the following services to a community in which the project is

4-15     located:

4-16                 (1)  acquisition, rehabilitation, or construction of

4-17     energy-efficient, affordable housing for elderly individuals,

4-18     veterans of the United States armed forces, former participants in

4-19     the Peace Corps, VISTA, or AmeriCorps program, or individuals and

4-20     families of low and very low income;

4-21                 (2)  transitional housing for individuals who are

4-22     homeless or who have mental or physical disabilities; or

4-23                 (3)  sustainable construction or rehabilitation in

4-24     low-income neighborhoods of historic properties, community

4-25     facilities, cultural districts, or parks owned by public or

4-26     nonprofit agencies.

4-27           Sec. 2306.629.  ADVISORY BOARD; PARTICIPANT COUNCIL.  An

 5-1     entity that is awarded a grant for a project under the program

 5-2     shall establish:

 5-3                 (1)  an advisory board for the project that includes

 5-4     senior staff of the entity operating the project, area employers,

 5-5     industrial leaders, and participants in the project; and

 5-6                 (2)  a participant council to provide comments and

 5-7     suggestions regarding project policies.

 5-8           Sec. 2306.630.  GRANT APPLICATION.  (a)  Subject to

 5-9     Subsection (b), the following entities may apply to receive a grant

5-10     for an eligible project under this subchapter:

5-11                 (1)  a private, nonprofit, tax-exempt organization

5-12     listed in Section 501(c)(3), Internal Revenue Code of 1986 (26

5-13     U.S.C. Section 501(c)(3));

5-14                 (2)  a public agency that operates a community-based

5-15     youth employment training program;

5-16                 (3)  a community housing development organization

5-17     certified by the state;

5-18                 (4)  an educational facility approved by the Texas

5-19     Youth Commission;

5-20                 (5)  a corps-based community service organization;

5-21                 (6)  an open-enrollment charter school approved by the

5-22     Texas Education Agency; or

5-23                 (7)  another entity authorized by board rule.

5-24           (b)  To be eligible to receive a grant, an applicant must

5-25     demonstrate that the applicant has at least three years of

5-26     successful experience operating programs that benefit disadvantaged

5-27     or at-risk youth.

 6-1           (c)  A grant application for a proposed project must be filed

 6-2     with the department in a form prescribed by the director.  An

 6-3     application must include:

 6-4                 (1)  a statement of the amount of money requested;

 6-5                 (2)  a description of the proposed project;

 6-6                 (3)  a description of the applicant's qualifications,

 6-7     including the applicant's experience with youth, law enforcement

 6-8     agencies, and educational and community groups;

 6-9                 (4)  if applicable, a list of proposed sites for

6-10     construction or rehabilitation of housing or other buildings;

6-11                 (5)  if applicable, a description of proposed

6-12     sustainable construction or rehabilitation activities, including an

6-13     implementation schedule;

6-14                 (6)  a description of the applicant's proposed

6-15     procedures for recruiting and selecting participants in the

6-16     project;

6-17                 (7)  a proposed budget, including procedures for

6-18     auditing and accountability;

6-19                 (8)  if applicable, a description of proposed financing

6-20     for property acquisition, rehabilitation, or construction;

6-21                 (9)  a list of relevant contracts or other arrangements

6-22     between the applicant and public agencies that will facilitate

6-23     implementation of the project;

6-24                 (10)  a list of prospective donations, grants, or

6-25     in-kind contributions for the project that will supplement money

6-26     received through the grant; and

6-27                 (11)  a certification of the applicant's compliance

 7-1     with:

 7-2                       (A)  state and federal fair housing laws;

 7-3                       (B)  the Civil Rights Act of 1964 (42 U.S.C.

 7-4     Section 2000a et seq.);

 7-5                       (C)  the Americans with Disabilities Act of 1990

 7-6     (42 U.S.C. Section 12101 et seq.);

 7-7                       (D)  the federal Rehabilitation Act of 1973 (29

 7-8     U.S.C. Section 701 et seq.); and

 7-9                       (E)  the Age Discrimination in Employment Act of

7-10     1967 (29 U.S.C. Section 621 et seq.).

7-11           (d)  In awarding a grant under the program, the director:

7-12                 (1)  may give preference to an applicant who has

7-13     experience in providing the services proposed to be provided under

7-14     the project; and

7-15                 (2)  shall give preference to an applicant who can

7-16     document the existence of matching contributions from other sources

7-17     and support from local organizations, community leaders, and

7-18     elected officials.

7-19           Sec. 2306.631.  OTHER FUNDING SOURCES REQUIRED.  The

7-20     department may not provide more than 75 percent of the money

7-21     budgeted for a project.

7-22           Sec. 2306.632.  LIMIT ON ADMINISTRATIVE EXPENSE.  Not more

7-23     than 15 percent of the money awarded under the program for a

7-24     project may be used for administrative costs associated with the

7-25     project.

7-26           Sec. 2306.633.  ANNUAL REPORT.  (a)  The director shall

7-27     report to the governor and the legislature at the end of each

 8-1     fiscal year on the status of the program.

 8-2           (b)  The annual report must include for that fiscal year:

 8-3                 (1)  the number of grants awarded;

 8-4                 (2)  the total amount of grants awarded;

 8-5                 (3)  the geographical distribution of grants awarded;

 8-6                 (4)  the number of youth and other persons

 8-7     participating in projects funded by grants;

 8-8                 (5)  the number of youth and other persons who secured

 8-9     permanent jobs at the conclusion of participation in projects

8-10     funded by grants; and

8-11                 (6)  the number of housing units constructed or

8-12     rehabilitated through projects funded by grants.

8-13           SECTION 2.  (a)  A work group is established to assist the

8-14     Texas Department of Housing and Community Affairs in implementing

8-15     and promoting the Texas Youthworks Program created by Section

8-16     2306.622, Government Code, as added by this Act.  Specifically, the

8-17     work group shall:

8-18                 (1)  identify all available state and federal sources

8-19     of funding for the program; and

8-20                 (2)  identify appropriate state programs, services, or

8-21     activities that could be delivered by referring eligible

8-22     individuals to the program.

8-23           (b)  The work group is composed of the chief administrative

8-24     officer, or a person designated by that officer, of each of the

8-25     following agencies:

8-26                 (1)  the Texas Department of Housing and Community

8-27     Affairs;

 9-1                 (2)  the Texas Workforce Commission;

 9-2                 (3)  the Texas Youth Commission;

 9-3                 (4)  the Texas Education Agency;

 9-4                 (5)  the Texas Juvenile Probation Commission;

 9-5                 (6)  the community justice assistance division of the

 9-6     Texas Department of Criminal Justice; and

 9-7                 (7)  any other state agency that chooses to participate

 9-8     in the work group's activities.

 9-9           (c)  A member of the work group designated by a chief

9-10     administrative officer serves at the will of the designating

9-11     officer.

9-12           (d)  The members of the work group shall elect a presiding

9-13     officer and any other necessary officers for the work group.

9-14           (e)  The work group shall meet at the call of the presiding

9-15     officer.

9-16           (f)  A member of the work group receives no compensation for

9-17     serving on the work group.

9-18           (g)  The work group is not subject to Article 6252-33,

9-19     Revised Statutes.

9-20           (h)  The work group shall be formed and shall hold its first

9-21     meeting not later than November 1, 1997.

9-22           (i)  Not later than November 15, 1998, the work group shall:

9-23                 (1)  complete the tasks specified in Subsection (a)  of

9-24     this section; and

9-25                 (2)  submit a report to the legislature containing the

9-26     work group's findings and recommendations for funding and utilizing

9-27     the program.

 10-1          (j)  The work group dissolves and this section expires

 10-2    September 1, 1999.

 10-3          SECTION 3.  If, before implementing any provision of this

 10-4    Act, a state agency determines that a waiver or authorization from

 10-5    a federal agency is necessary for implementation, the state agency

 10-6    shall request the waiver or authorization and may delay

 10-7    implementing that provision until the waiver or authorization is

 10-8    granted.

 10-9          SECTION 4.  This Act takes effect September 1, 1997.

10-10          SECTION 5.  The importance of this legislation and the

10-11    crowded condition of the calendars in both houses create an

10-12    emergency and an imperative public necessity that the

10-13    constitutional rule requiring bills to be read on three several

10-14    days in each house be suspended, and this rule is hereby suspended.