1-1 By: Barrientos, et al. S.B. No. 1810 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 11, 1997, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 11, Nays 0; 1-6 April 11, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1810 By: Galloway 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation, operation, and funding of the Texas 1-11 Youthworks Program. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 2306, Government Code, is amended by 1-14 adding Subchapter BB to read as follows: 1-15 SUBCHAPTER BB. TEXAS YOUTHWORKS PROGRAM 1-16 Sec. 2306.621. DEFINITION. In this subchapter, "sustainable 1-17 construction or rehabilitation" means long-lasting, 1-18 energy-efficient construction or rehabilitation that reduces the 1-19 energy costs of conventional construction or rehabilitation by not 1-20 less than 20 percent. 1-21 Sec. 2306.622. TEXAS YOUTHWORKS PROGRAM. (a) The Texas 1-22 Youthworks Program is created in the department to: 1-23 (1) promote economic self-sufficiency of disadvantaged 1-24 or at-risk youth by providing the youth with opportunities to 1-25 acquire job skills while performing community service activities; 1-26 and 1-27 (2) create opportunities for communities to restore 1-28 abandoned properties and historic areas, enhance public places, and 1-29 increase the availability of affordable, energy-efficient housing 1-30 for individuals and families of low and very low income. 1-31 (b) The department shall administer the program and may 1-32 employ personnel as necessary to administer the program. 1-33 Sec. 2306.623. RULES. The board shall adopt rules as 1-34 necessary to implement the program, including rules for auditing 1-35 and accountability. 1-36 Sec. 2306.624. FUNDING. (a) The program is funded by 1-37 appropriations from the legislature and other available money 1-38 identified by the department or other state agencies. 1-39 (b) The department may accept gifts, grants, and other 1-40 donations for operation of the program. 1-41 Sec. 2306.625. GRANTS. The director may award grants under 1-42 the program to eligible entities for projects that meet the 1-43 requirements of this subchapter. 1-44 Sec. 2306.626. ELIGIBLE PARTICIPANTS. (a) To be eligible 1-45 to receive a grant, an entity must use the grant for a project that 1-46 provides services specified in Section 2306.627 to participants 16 1-47 years of age or older but younger than 24 years of age who are not 1-48 attending high school and have not received a high school diploma 1-49 or high school equivalency certificate or who are attending high 1-50 school or a program leading to a high school equivalency 1-51 certificate but are at risk of dropping out of high school or the 1-52 program. 1-53 (b) In addition to the requirements of Subsection (a), a 1-54 participant must also be: 1-55 (1) a member of a household that receives public 1-56 assistance and earns not more than 80 percent of the area median 1-57 income; 1-58 (2) errant or homeless or a potential ward of the 1-59 Texas Department of Criminal Justice or Texas Youth Commission; 1-60 (3) referred by another state agency; or 1-61 (4) educationally disadvantaged, as defined by board 1-62 rule. 1-63 (c) The department may authorize an entity to provide 1-64 services to a participant who does not meet the requirements of 2-1 Subsections (a) and (b). 2-2 Sec. 2306.627. SERVICES TO PARTICIPANTS. (a) A project for 2-3 which a grant is received under the program shall provide a 2-4 participant in the project with: 2-5 (1) integrated job and education training divided 2-6 between: 2-7 (A) practical, hands-on work experience at 2-8 project sites; and 2-9 (B) if the participant has not received a high 2-10 school diploma or high school equivalency certificate, academic and 2-11 project-based instruction designed to result in the attainment of a 2-12 high school diploma or high school equivalency certificate; 2-13 (2) direct access to counseling and support services, 2-14 including assessment and orientation services, life-skills 2-15 training, peer tutoring, gang prevention techniques, parenting and 2-16 child-care skills, and medical and legal screening and referrals; 2-17 (3) direct access to leadership training designed to 2-18 develop ethics, citizenship, personal responsibility, critical 2-19 thinking, and decision-making, problem-solving, and negotiation 2-20 skills; 2-21 (4) direct access to assistance in making the 2-22 transition from training to economic self-sufficiency, including 2-23 career counseling, job placement, personal finance, home buyer 2-24 education, and follow-up services; 2-25 (5) a training stipend in an amount determined by 2-26 board rule for a period not to exceed two years that is conditioned 2-27 on the participant's demonstrating improved job performance and 2-28 personal responsibility; and 2-29 (6) an opportunity to earn scholarship awards for 2-30 college tuition. 2-31 (b) A stipend provided under Subsection (a)(5) does not 2-32 count as income for purposes of determining the eligibility of the 2-33 participant or the participant's household for any form of public 2-34 assistance. 2-35 Sec. 2306.628. COMMUNITY BENEFIT. A project for which a 2-36 grant is received under the program shall provide at least one of 2-37 the following services to a community in which the project is 2-38 located: 2-39 (1) acquisition, rehabilitation, or construction of 2-40 energy-efficient, affordable housing for elderly individuals, 2-41 veterans of the United States armed forces, former participants in 2-42 the Peace Corps, VISTA, or AmeriCorps program, or individuals and 2-43 families of low and very low income; 2-44 (2) transitional housing for individuals who are 2-45 homeless or who have mental or physical disabilities; or 2-46 (3) sustainable construction or rehabilitation in 2-47 low-income neighborhoods of historic properties, community 2-48 facilities, cultural districts, or parks owned by public or 2-49 nonprofit agencies. 2-50 Sec. 2306.629. ADVISORY BOARD; PARTICIPANT COUNCIL. An 2-51 entity that is awarded a grant for a project under the program 2-52 shall establish: 2-53 (1) an advisory board for the project that includes 2-54 senior staff of the entity operating the project, area employers, 2-55 industrial leaders, and participants in the project; and 2-56 (2) a participant council to provide comments and 2-57 suggestions regarding project policies. 2-58 Sec. 2306.630. GRANT APPLICATION. (a) Subject to 2-59 Subsection (b), the following entities may apply to receive a grant 2-60 for an eligible project under this subchapter: 2-61 (1) a private, nonprofit, tax-exempt organization 2-62 listed in Section 501(c)(3), Internal Revenue Code of 1986 (26 2-63 U.S.C. Section 501(c)(3)); 2-64 (2) a public agency that operates a community-based 2-65 youth employment training program; 2-66 (3) a community housing development organization 2-67 certified by the state; 2-68 (4) an educational facility approved by the Texas 2-69 Youth Commission; 3-1 (5) a corps-based community service organization; 3-2 (6) an open-enrollment charter school approved by the 3-3 Texas Education Agency; or 3-4 (7) another entity authorized by board rule. 3-5 (b) To be eligible to receive a grant, an applicant must 3-6 demonstrate that the applicant has at least three years of 3-7 successful experience operating programs that benefit disadvantaged 3-8 or at-risk youth. 3-9 (c) A grant application for a proposed project must be filed 3-10 with the department in a form prescribed by the director. An 3-11 application must include: 3-12 (1) a statement of the amount of money requested; 3-13 (2) a description of the proposed project; 3-14 (3) a description of the applicant's qualifications, 3-15 including the applicant's experience with youth, law enforcement 3-16 agencies, and educational and community groups; 3-17 (4) if applicable, a list of proposed sites for 3-18 construction or rehabilitation of housing or other buildings; 3-19 (5) if applicable, a description of proposed 3-20 sustainable construction or rehabilitation activities, including an 3-21 implementation schedule; 3-22 (6) a description of the applicant's proposed 3-23 procedures for recruiting and selecting participants in the 3-24 project; 3-25 (7) a proposed budget, including procedures for 3-26 auditing and accountability; 3-27 (8) if applicable, a description of proposed financing 3-28 for property acquisition, rehabilitation, or construction; 3-29 (9) a list of relevant contracts or other arrangements 3-30 between the applicant and public agencies that will facilitate 3-31 implementation of the project; 3-32 (10) a list of prospective donations, grants, or 3-33 in-kind contributions for the project that will supplement money 3-34 received through the grant; and 3-35 (11) a certification of the applicant's compliance 3-36 with: 3-37 (A) state and federal fair housing laws; 3-38 (B) the Civil Rights Act of 1964 (42 U.S.C. 3-39 Section 2000a et seq.); 3-40 (C) the Americans with Disabilities Act of 1990 3-41 (42 U.S.C. Section 12101 et seq.); 3-42 (D) the federal Rehabilitation Act of 1973 (29 3-43 U.S.C. Section 701 et seq.); and 3-44 (E) the Age Discrimination in Employment Act of 3-45 1967 (29 U.S.C. Section 621 et seq.). 3-46 (d) In awarding a grant under the program, the director: 3-47 (1) may give preference to an applicant who has 3-48 experience in providing the services proposed to be provided under 3-49 the project; and 3-50 (2) shall give preference to an applicant who can 3-51 document the existence of matching contributions from other sources 3-52 and support from local organizations, community leaders, and 3-53 elected officials. 3-54 Sec. 2306.631. OTHER FUNDING SOURCES REQUIRED. The 3-55 department may not provide more than 75 percent of the money 3-56 budgeted for a project. 3-57 Sec. 2306.632. LIMIT ON ADMINISTRATIVE EXPENSE. Not more 3-58 than 15 percent of the money awarded under the program for a 3-59 project may be used for administrative costs associated with the 3-60 project. 3-61 Sec. 2306.633. ANNUAL REPORT. (a) The director shall 3-62 report to the governor and the legislature at the end of each 3-63 fiscal year on the status of the program. 3-64 (b) The annual report must include for that fiscal year: 3-65 (1) the number of grants awarded; 3-66 (2) the total amount of grants awarded; 3-67 (3) the geographical distribution of grants awarded; 3-68 (4) the number of youth and other persons 3-69 participating in projects funded by grants; 4-1 (5) the number of youth and other persons who secured 4-2 permanent jobs at the conclusion of participation in projects 4-3 funded by grants; and 4-4 (6) the number of housing units constructed or 4-5 rehabilitated through projects funded by grants. 4-6 SECTION 2. (a) A work group is established to assist the 4-7 Texas Department of Housing and Community Affairs in implementing 4-8 and promoting the Texas Youthworks Program created by Section 4-9 2306.622, Government Code, as added by this Act. Specifically, the 4-10 work group shall: 4-11 (1) identify all available state and federal sources 4-12 of funding for the program; and 4-13 (2) identify appropriate state programs, services, or 4-14 activities that could be delivered by referring eligible 4-15 individuals to the program. 4-16 (b) The work group is composed of the chief administrative 4-17 officer, or a person designated by that officer, of each of the 4-18 following agencies: 4-19 (1) the Texas Department of Housing and Community 4-20 Affairs; 4-21 (2) the Texas Workforce Commission; 4-22 (3) the Texas Youth Commission; 4-23 (4) the Texas Education Agency; 4-24 (5) the Texas Juvenile Probation Commission; 4-25 (6) the community justice assistance division of the 4-26 Texas Department of Criminal Justice; and 4-27 (7) any other state agency that chooses to participate 4-28 in the work group's activities. 4-29 (c) A member of the work group designated by a chief 4-30 administrative officer serves at the will of the designating 4-31 officer. 4-32 (d) The members of the work group shall elect a presiding 4-33 officer and any other necessary officers for the work group. 4-34 (e) The work group shall meet at the call of the presiding 4-35 officer. 4-36 (f) A member of the work group receives no compensation for 4-37 serving on the work group. 4-38 (g) The work group is not subject to Article 6252-33, 4-39 Revised Statutes. 4-40 (h) The work group shall be formed and shall hold its first 4-41 meeting not later than November 1, 1997. 4-42 (i) Not later than November 15, 1998, the work group shall: 4-43 (1) complete the tasks specified in Subsection (a) of 4-44 this section; and 4-45 (2) submit a report to the legislature containing the 4-46 work group's findings and recommendations for funding and utilizing 4-47 the program. 4-48 (j) The work group dissolves and this section expires 4-49 September 1, 1999. 4-50 SECTION 3. If, before implementing any provision of this 4-51 Act, a state agency determines that a waiver or authorization from 4-52 a federal agency is necessary for implementation, the state agency 4-53 shall request the waiver or authorization and may delay 4-54 implementing that provision until the waiver or authorization is 4-55 granted. 4-56 SECTION 4. This Act takes effect September 1, 1997. 4-57 SECTION 5. The importance of this legislation and the 4-58 crowded condition of the calendars in both houses create an 4-59 emergency and an imperative public necessity that the 4-60 constitutional rule requiring bills to be read on three several 4-61 days in each house be suspended, and this rule is hereby suspended. 4-62 * * * * *