SRC-JJJ C.S.S.B. 330 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 330
76R5162 KKA-DBy: Barrientos
Education
4/6/1999
Committee Report (Substituted)


DIGEST 

Currently, the Communities in Schools (CIS) program is administered at the
state level by the Texas Workforce Commission and by 22 local CIS programs.
The CIS program coordinates with a variety of state and local services for
children and youth including several programs administered by the Texas
Department of Protective and Regulatory Services.  C.S.S.B. 330 would
establish the transfer and operation of the Communities In Schools program
from the Labor Code to the Family Code. 

PURPOSE

As proposed, C.S.S.B. 330 establishes the transfer and operation of the
Communities In Schools program from the Labor Code to the Family Code. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the secretary of state in SECTION 4(d)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Transfers Chapter 305, Labor Code, to Chapter 264, Family Code,
redesignated as Chapter 264I, Family Code, and is amended as follows: 

SUBCHAPTER I.  New heading:  COMMUNITIES IN SCHOOLS PROGRAM

Sec. 264.751.  DEFINITIONS.  Defines "Communities In Schools program,"
"delinquent conduct," and "student at risk of dropping out of school."
Redesignated from existing Section 305.001, Labor Code.  Makes conforming
changes.  

Sec. 264.752.  STATEWIDE OPERATION OF PROGRAM.  Establishes that it is the
intent of the legislature that programs established under Chapter 305,
Labor Code, Article 5221b9d, and programs established under this Act shall
remain eligible to participate in the Communities In Schools program if
funds are available and if their performance meets the criteria establishes
by the Department of Protective and Regulatory Services (DPRS) for renewal
of their contracts.  Makes conforming and  nonsubstantive changes. 

Sec. 264.753.  New heading:  STATE DIRECTOR.  Requires the executive
director of DPRS to designate, rather than appoint, a state director,
rather than coordinator, for the Communities In Schools program.  Makes
conforming changes.    

Sec. 264.754.  New heading:  DUTIES OF STATE DIRECTOR.  Sets forth the
duties of the state director.  Makes conforming changes. 

Sec. 264.755.  AGENCY COOPERATION; MEMORANDUM OF UNDERSTANDING. Requires
the Texas Education Agency (TEA) to work together with DPRS, rather than
the Texas Workforce Commission (TWC), and the Communities In Schools Inc.
to maximize the effectiveness of the Communities In Schools program.
Requires DPRS and TEA to develop and mutually agree to a memorandum of
understanding  to clearly define the responsibilities of each agency and
DPRS under this subchapter.  Sets forth criteria the memorandum must
address.  Makes conforming changes. 
 
Sec. 264.756.  New heading:  FUNDING; EXPANSION OF PARTICIPATION.  Requires
DPRS to develop and implement an equitable formula for funding local
Communities In Schools programs.  Authorizes the formula to provide for the
reduction of funds annually contributed by the state to a local program by
an amount of not more than 50 percent of the amount contributed for the
first year of the program.  Authorizes savings accomplished through the
implementation of this formula to be used to extend services to counties
and municipalities currently not served by a local program and/or to extend
services to counties and municipalities currently served by an existing
local program.  Makes conforming changes. 

 Sec. 264.757.  PARTICIPATION IN PROGRAM.  Makes conforming changes.

Sec. 264.758.  DONATIONS TO PROGRAM.  Deletes text requiring donations to
be accepted  in an open meeting by a majority of the voting members of the
commission. Makes conforming changes.   

SECTION 2.  Amends Section 302.021(a), Labor Code, by deleting the
Communities In Schools program consolidated under the division of workforce
development of TWC.  Makes conforming changes. 

SECTION 3.  Amends Section 302.062(g), Labor Code, to establish that block
grant funding under this section does not apply to the Communities In
Schools program under Chapter 264I, Family Code, to the extent that funds
are available to TWC for that program.  Deletes text regarding the inmate
employment counseling program.  Makes conforming changes. 

SECTION 4.  Sets forth transfers of powers, duties, functions, activities,
funds, obligations, contracts, property, records, and employees  relating
to the Communities In Schools program from TWC to DPRS by September 1,
1999.  Establishes that for the 1999 and 2000 state fiscal years the number
of employees that are transferred to DPRS is not included in determining
DPRS' compliance with any limitation on the number of full-time equivalent
positions imposed by the General Appropriations Act.  Provides that
references in law or administrative rule to TWC or the executive director
of TWC relating to the Communities In Schools program means DPRS or the
executive director of DPRS.  Establishes that a rule of TWC relating to the
Communities In Schools program continues as a rule of DPRS until it is
superseded by rule of DPRS.  Grants rulemaking authority to the secretary
of state as necessary to expedite the implementation of this subsection.   

SECTION 5.  Sets forth conditions that remain in effect for any action
concerning the transfer of the Communities In Schools program.  Makes
application of this Act prospective. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Transfers Chapter 305, Labor Code, to Chapter 264, Family Code,
redesignated as Chapter 264I, Family Code, and is amended as follows: 

 Sec. 264.751.  DEFINITIONS.  Defines "student at risk of dropping out of
school." 

Sec. 264.752.  STATEWIDE OPERATION OF PROGRAM.  Sets forth the intent of
the legislature that established programs shall remain eligible to
participate in the Communities In Schools program providing available funds
and performance meets established criteria. Makes conforming changes. 

Sec. 264.754.  DUTIES OF THE STATE DIRECTOR.  Sets forth requirements of
the state director.  Makes conforming changes. 
 
Sec. 264.755.  AGENCY COOPERATION; MEMORANDUM OF UNDERSTANDING. Requires
the agency, DPRS, and the Communities In Schools, Inc. to work together to
maximize the effectiveness of the Communities in Schools Program.  Makes
conforming changes. 

Sec. 264.756.  FUNDING; EXPANSION OF PARTICIPATION.  Authorizes savings
accomplished through the implementation of a formula to be used to extend
services to counties and municipalities currently not served by a local
program and/or to extend services to counties and municipalities currently
served by an existing local program.  Makes conforming changes. 

SECTION 2.  

Amends Section 302.021(a), Labor Code, by deleting the Communities In
Schools program consolidated under the division of workforce development of
the TWC.  Makes conforming changes.