By:  Barrientos                                       S.B. No. 1810

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                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 AA to read as follows:

 1-6                  SUBCHAPTER AA.  TEXAS YOUTHWORKS PROGRAM

 1-7           Sec. 2306.621.  DEFINITIONS.  In this subchapter:

 1-8                 (1)  "Board" means the board of the Texas Department of

 1-9     Housing and Community Affairs;

1-10                 (2)  "Department" means the Texas Department of Housing

1-11     and Community Affairs;

1-12                 (3)  "sustainable construction or rehabilitation" means

1-13     long-lasting, energy-efficient construction or rehabilitation that

1-14     reduces the costs of conventional construction or rehabilitation by

1-15     not less than 20 percent.

1-16           Sec. 2306.622.  TEXAS YOUTHWORKS PROGRAM.  (a)  The Texas

1-17     Youthworks Program is created in the Texas Department of Housing

1-18     and Community Affairs to:

1-19                 (1)  promote economic self-sufficiency of disadvantaged

1-20     or at-risk youth by providing the youth with opportunities to

1-21     acquire job skills while performing community service activities;

 2-1     and

 2-2                 (2)  create opportunities for communities to restore

 2-3     abandoned properties and historic areas, enhance public places, and

 2-4     increase the availability of affordable, energy-efficient housing

 2-5     for individuals and families of low and very low income.

 2-6           (b)  The department shall administer the program and may

 2-7     employ personnel as necessary to administer the program.

 2-8           Sec. 2306.623.  RULES.  The board, in consultation with the

 2-9     advisory board established in Sec. 2306.629, shall adopt rules as

2-10     necessary to implement the program, including rules for auditing

2-11     and accountability.

2-12           Sec. 2306.624.  FUNDING.  (a)  The program is funded by

2-13     appropriations from the legislature and other available funds

2-14     identified by the department or other state agencies.

2-15           (b)  The department may accept gifts, grants, and other

2-16     donations for operation of the program.

2-17           Sec. 2306.625.  GRANTS.  The director may award grants under

2-18     the program for projects that meet the requirements of this

2-19     subchapter.

2-20           Sec. 2306.626.  ELIGIBLE PARTICIPANTS.  (a)  To be eligible

2-21     to receive a grant, an organization must use the grant for a

2-22     project that provides services specified in Section 2306.627 to

2-23     persons 17 years of age or older but younger than 24 years of age

2-24     who are not attending secondary school and have not received a high

2-25     school diploma or high school equivalency certificate, or who are

 3-1     attending secondary school or a program leading to a high school

 3-2     equivalency certificate but are at risk of dropping out of school

 3-3     or the program.  Participants must also meet at least one of the

 3-4     following criteria:

 3-5                 (1)  a member of a household that receives public

 3-6     assistance and earns not more than 80 percent of the area median

 3-7     income;

 3-8                 (2)  errant or homeless or a potential ward of the

 3-9     Texas Department of Criminal Justice;

3-10                 (3)  referred by another state agency; or

3-11                 (4)  educationally disadvantaged, as defined by board

3-12     rule.

3-13           (b)  The department may authorize a grantee to provide

3-14     services to a participant who does not meet the requirements of

3-15     Subsection (a).

3-16           Sec. 2306.627.  SERVICES TO PARTICIPANTS.  (a)  A project for

3-17     which a grant is received under the program shall provide

3-18     participants in the project with:

3-19                 (1)  integrated job and education training divided

3-20     evenly between:

3-21                       (A)  practical, hands-on work experience at

3-22     project sites; and

3-23                       (B)  academic instruction, if the participant has

3-24     not attained a high school diploma or high school equivalency

3-25     certificate, which shall include the attainment of a high school

 4-1     diploma or high school equivalency certificate.

 4-2                 (2)  direct access to counseling and support services,

 4-3     including assessment and orientation services, life-skills

 4-4     training, peer tutoring, gang prevention techniques, parenting and

 4-5     child-care skills, and medical and legal screening and referrals;

 4-6                 (3)  direct access to leadership training designed to

 4-7     develop ethics, citizenship, personal responsibility, critical

 4-8     thinking, and decision-making, problem-solving, and negotiation

 4-9     skills;

4-10                 (4)  direct access to assistance in making the

4-11     transition from training to economic self-sufficiency, including

4-12     career counseling, job placement, personal finance, home buyer

4-13     education, and follow-up services;

4-14                 (6)  a training stipend, the amount of which is set by

4-15     board rule, for a period not to exceed two years that is

4-16     conditioned on the participant's demonstrating improved job

4-17     performance and personal responsibility; and

4-18                 (7)  an opportunity to earn scholarship awards for

4-19     college tuition.

4-20           (b)  A stipend provided under Subsection (a)(6) does not

4-21     count as income for purposes of determining the eligibility of the

4-22     participant or the participant's household for any form of public

4-23     assistance.

4-24           Sec. 2306.628.  COMMUNITY BENEFIT.  A project for which a

4-25     grant is received under the program shall provide at least one of

 5-1     the following services to a community in which the project is

 5-2     located:

 5-3                 (1)  acquisition, rehabilitation, or construction of

 5-4     energy-efficient, affordable housing for elderly individuals,

 5-5     veterans of the United States armed forces, former participants in

 5-6     the Peace Corps, VISTA, or AmeriCorps program, or individuals and

 5-7     families of low and very low income;

 5-8                 (2)  transitional housing for individuals who are

 5-9     homeless, individuals who have mental or physical disabilities or

5-10     disease; or

5-11                 (3)  sustainable construction or rehabilitation in

5-12     low-income neighborhoods of historic properties, community

5-13     facilities, cultural districts, or parks owned by public or

5-14     nonprofit agencies.

5-15           Sec. 2306.629.  ADVISORY BOARD; PARTICIPANT COUNCIL.  A

5-16     grantee who is awarded a grant for a project under the program

5-17     shall establish:

5-18                 (1)  an advisory board for the project that includes

5-19     senior staff of the person operating the project, area employers,

5-20     industrial leaders, and participants in the project; and

5-21                 (2)  a participant council to provide comments and

5-22     suggestions regarding project policies.

5-23           Sec. 2306.630.  GRANT APPLICATION.  (a)  Subject to

5-24     Subsection (b), the following organizations may apply to receive a

5-25     grant for an eligible project under this subchapter:

 6-1                 (1)  a private, nonprofit, tax-exempt organization

 6-2     listed in Section 501(c)(3), Internal Revenue Code of 1986;

 6-3                 (2)  a public agency that operates a community-based

 6-4     youth employment training program;

 6-5                 (3)  a community housing development organization

 6-6     certified by the state;

 6-7                 (4)  an educational facility approved by the Texas

 6-8     Youth Commission;

 6-9                 (5)  a corps-based community service organization;

6-10                 (6)  an open-enrollment charter school approved by the

6-11     Texas Education Agency; or

6-12                 (7)  another organization authorized by board rule.

6-13           (b)  To be eligible to receive a grant, an applicant must

6-14     demonstrate that the applicant has at least three years of

6-15     successful experience operating programs that benefit disadvantaged

6-16     or at-risk youth.

6-17           (c)  A grant application for a proposed project must be filed

6-18     with the department in a form prescribed by the director.  An

6-19     application must include:

6-20                 (1)  a statement of the amount of money requested;

6-21                 (2)  a description of the proposed project;

6-22                 (3)  a description of the applicant's qualifications,

6-23     including the applicant's experience with youth, law enforcement

6-24     agencies, and educational and community groups;

6-25                 (4)  if applicable, a list of proposed sites for

 7-1     construction or rehabilitation of housing or other buildings;

 7-2                 (5)  if applicable, a description of proposed

 7-3     sustainable construction or rehabilitation activities, including an

 7-4     implementation schedule;

 7-5                 (6)  a description of the applicant's proposed

 7-6     procedures for recruiting and selecting participants in the

 7-7     project;

 7-8                 (7)  a proposed budget, including procedures for

 7-9     auditing and accountability;

7-10                 (8)  if applicable, a description of proposed financing

7-11     for property acquisition, rehabilitation, or construction;

7-12                 (9)  a list of relevant contracts or other arrangements

7-13     between the applicant and public agencies that will facilitate

7-14     implementation of the project;

7-15                 (10)  a list of prospective donations, grants, or

7-16     in-kind contributions for the project that will supplement money

7-17     received through the grant; and

7-18                 (11)  a certification of the applicant's compliance

7-19     with:

7-20                       (A)  state and federal fair housing laws;

7-21                       (B)  the Civil Rights Act of 1964 (42 U.S.C.

7-22     Section 2000a et seq.);

7-23                       (C)  the Americans with Disabilities Act of 1990

7-24     (42 U.S.C. Section 12101 et seq.);

7-25                       (D)  the federal Rehabilitation Act of 1973 (29

 8-1     U.S.C. Section 701 et seq.); and

 8-2                       (E)  the Age Discrimination in Employment Act of

 8-3     1967 (29 U.S.C. Section 621 et seq.).

 8-4           (d)  In awarding a grant under the program, the department

 8-5     shall give preference to an applicant who:

 8-6                 (1)  has experience in providing the services proposed

 8-7     to be provided under the project; and

 8-8                 (2)  can document the existence of matching

 8-9     contributions from other sources and support from local

8-10     organizations, community leaders, and elected officials.

8-11           Sec. 2306.631.  OTHER FUNDING SOURCES REQUIRED.  The

8-12     department may not provide more than 75 percent of the money

8-13     budgeted for a project.

8-14           Sec. 2306.632.  LIMIT ON ADMINISTRATIVE EXPENSE.  Not more

8-15     than 15 percent of the money awarded under the program for a

8-16     project may be used for administrative costs associated with the

8-17     project.

8-18           Sec. 2306.633. ANNUAL REPORT.  (a)  The director shall report

8-19     to the governor and the legislature at the end of each fiscal year

8-20     on the status of the program.

8-21           (b)  The annual report must include for that fiscal year:

8-22                 (1)  the number of grants awarded;

8-23                 (2)  the total amount of grants awarded;

8-24                 (3)  the geographical distribution of grants awarded;

8-25                 (4)  the number of youth and other persons

 9-1     participating in projects funded by grants;

 9-2                 (5)  the number of youth and other persons who secured

 9-3     permanent jobs at the conclusion of participation in projects

 9-4     funded by grants; and

 9-5                 (6)  the number of housing units constructed or

 9-6     rehabilitated through projects funded by grants.

 9-7           SECTION 2.  If, before implementing any provision of this

 9-8     Act, a state agency determines that a waiver or authorization from

 9-9     a federal agency is necessary for implementation, the state agency

9-10     shall request the waiver or authorization and may delay

9-11     implementing that provision until the waiver or authorization is

9-12     granted.

9-13           SECTION 3.  This Act takes effect September 1, 1997.

9-14           SECTION 4.  The importance of this legislation and the

9-15     crowded condition of the calendars in both houses create an

9-16     emergency and an imperative public necessity that the

9-17     constitutional rule requiring bills to be read on three several

9-18     days in each house be suspended, and this rule is hereby suspended.