SRC-SLL, DPW S.B. 1574 76(R)BILL ANALYSIS Senate Research CenterS.B. 1574 By: West Human Services 7/8/1999 Enrolled DIGEST Currently, over 1.3 million Texas youths are estimated to be at increased risk of delinquent activities due to the effects of poverty, prenatal substance abuse, child abuse and neglect, or parents illequipped for the responsibilities of raising a child. Current prevention and intervention efforts are often narrowly focused on specific risk factors and fragmented among several different agencies. This bill sets forth guidelines for the consolidation and administration of certain programs for at-risk children and their families. PURPOSE As enrolled, S.B. 1574 sets forth guidelines for the consolidation and administration of certain programs for at-risk children and their families. RULEMAKING AUTHORITY Rulemaking authority is granted to the Texas Education Agency and the Department of Protective and Regulatory Services in SECTION 3 (Section 264.755(c), Family Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 40.002(b), Human Resources Code, to provide that the Department of Protective and Regulatory Services (DPRS) has primary responsibility for implementing and managing programs intended to provide early intervention or prevent at-risk behaviors that lead to child abuse, delinquency, running away, truancy, and dropping out of school (childhood problems). SECTION 2. Amends Title 5E, Family Code, by adding Chapter 265, as follows: CHAPTER 265. PREVENTION AND EARLY INTERVENTION SERVICES SUBCHAPTER A. GENERAL PROVISIONS Sec. 265.001. DEFINITIONS. Defines "department," "division," and "prevention and early intervention services." Sec. 265.002. PREVENTION AND EARLY INTERVENTION SERVICES DIVISION. Requires DPRS to operate a division to provide services for children and families of children in at-risk situations and to consolidate prevention and early intervention services within the jurisdiction of a single agency to duplication of services and increase accountability in the delivery of services. Requires the division of the DPRS to be named preventative and early intervention services division (PSD) and requires PSD to perform certain duties. Sec. 265.003. CONSOLIDATION OF PROGRAMS. Requires DPRS to consolidate into PSD programs aimed at providing early intervention or preventing at-risk behavior that leads to childhood problems. Authorizes PSD to provide additional prevention and early intervention services. SECTION 3. Transfers Chapter 305, Labor Code, to Chapter 264, Family Code, redesignated as Chapter 264I, Family Code, as follows: New heading: SUBCHAPTER I. COMMUNITIES IN SCHOOLS PROGRAM Sec. 264.751. DEFINITIONS. Defines "delinquent conduct" and "student at risk of dropping out of school." Sec. 264.752. STATEWIDE OPERATION OF PROGRAM. Provides that it is the intent of the legislature that programs established under Chapter 305, Labor Code, and programs established by this subchapter are required to remain eligible to participate in the Communities In Schools program, provided that specified criteria is met. Sec. 264.753. New heading: STATE DIRECTOR. Requires the executive director of DPRS to designate a state director for the Communities In Schools program. Sec. 264.754. New heading: DUTIES OF STATE DIRECTOR. Sets forth required duties of the state director for the Communities in Schools program. Sec. 264.755. AGENCY COOPERATION; MEMORANDUM OF UNDERSTANDING. Requires DPRS, the Texas Education Agency (TEA), and Communities In Schools, Inc. to work to maximize the effectiveness of the Communities In Schools program. Requires TEA and DPRS to produce a memorandum of understanding to clearly define their respective responsibilities. Requires the memorandum to address certain issues. Requires TEA and DPRS to adopt rules to implement the memorandum and requires the memorandum to be updated annually. Sec. 264.756. New heading: FUNDING; EXPANSION OF PARTICIPATION. Requires DPRS to develop and implement an equitable formula for the funding of local Communities In Schools programs, rather than requiring the state coordinator to determine the participation in the second of the 1996 - 97 state fiscal biennium by a formula. Authorizes the formula to provide for the reduction of funds annually contributed by the state to a local program by an amount not more than, rather less than, 50 percent of the amount contributed by the state for the first year of the program. Authorizes savings accomplished through the implementation of the formula to be used to extend services to counties and municipalities currently not served by a local program or to extend services to counties and municipalities currently served by an existing local program, rather than for extending participation to certain entities. Requires each local Communities In School program to develop a funding plan which ensures that the level of services is maintained if state funding is reduced, rather than developing a five-year funding plan for campuses located in the county or city that participates in the program. Makes conforming changes. Sec. 264.757. PARTICIPATION IN PROGRAM. Requires all elementary or secondary schools designated under Section 264.756 to participate in a local Communities In Schools program. Sec. 264.758. DONATIONS TO PROGRAM. Deletes text requiring each donation to be accepted by an open meeting by a majority of the voting members of the commission. Makes conforming changes. SECTION 4. Amends Section 302.021(a), Labor Code, to specify the job-training, employment, and employment-related educational programs and functions that are consolidated under the authority of division of workforce development of the commission. SECTION 5. Amends Section 302.062(g), Labor Code, to provide that block grant funding does not apply to the Communities In Schools program under Chapter 264I, Family Code, to the extent that funds are available to the Texas Workforce Commission. Deletes text providing that block grants are inapplicable to the inmate employment counseling program under Section 499.051(f), Government Code. Makes conforming changes. SECTION 6. Provides that certain programs are transferred from certain agencies to DPRS to be administered by PSD on the effective date of this Act. Provides that all elements of an agency listed in Subsection (a) are transferred to DPRS on September 1, 1999. Provides that employees of the services for at-risk youth program and the community youth development grant program are transferred to PSD. Provides that the number of employees transferred to DPRS is not included in determining DPRS compliance with limitations on the number of full-time equivalent positions for the 1999 and 2000 state fiscal years. Provides that references to transferred agencies or executive officers listed in Subsection (a) mean DPRS or the executive director of DPRS. Provides that rules of agencies listed in Subsection (a) remain in effect until such rules are superseded by rules of DPRS. Provides that associated power from the transfer of powers does not affect any act done under former law. Provides that an action brought before the effective date of this Act is governed by the law applicable to the action immediately before the effective date of this Act. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause.