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.