By Uher                                               H.B. No. 1617
         76R5162 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the transfer and operation of the Communities In
 1-3     Schools program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 305, Labor Code, is transferred to
 1-6     Chapter  264, Family Code, is redesignated as Subchapter I, Chapter
 1-7     264, Family Code, and is amended to read as follows:
 1-8         SUBCHAPTER I [CHAPTER 305].  COMMUNITIES IN SCHOOLS PROGRAM
 1-9                     [SUBCHAPTER A.  GENERAL PROVISIONS]
1-10           Sec. 264.751 [305.001].  DEFINITIONS.  In this subchapter
1-11     [chapter]:
1-12                 (1)  "Agency" means the Texas Education Agency.
1-13                 (2)  "Communities In [in] Schools program" means an
1-14     exemplary youth dropout prevention program.
1-15                 (3)  "Delinquent conduct" has the meaning assigned by
1-16     Section 51.03.
1-17                 (4)  "Student at risk of dropping out of school" has
1-18     the meaning assigned by Section 29.081, Education Code.
1-19           Sec. 264.752 [305.002].  STATEWIDE OPERATION OF PROGRAM.  It
1-20     is the intent of the legislature that the Communities In [in]
1-21     Schools program operate throughout this state.
1-22                    [SUBCHAPTER B.  OPERATION OF PROGRAM]
1-23           Sec. 264.753 [305.011].  STATE DIRECTOR [COORDINATOR].  The
1-24     executive director of the department shall designate [appoint] a
 2-1     state director [coordinator] for the Communities In [in] Schools
 2-2     program.
 2-3           Sec. 264.754 [305.012].  DUTIES OF STATE DIRECTOR
 2-4     [COORDINATOR].  The state director [coordinator] shall:
 2-5                 (1)  coordinate the efforts of social service
 2-6     organizations and agencies and of public school personnel to
 2-7     provide services to students who are in family conflict or
 2-8     emotional crisis, including students who are at risk of dropping
 2-9     out of school or engaging in delinquent conduct;
2-10                 (2)  set standards for the Communities In [in] Schools
2-11     program and establish state performance goals, objectives, and
2-12     measures;
2-13                 (3)  obtain information from each participating school
2-14     district to determine necessary program changes;
2-15                 (4)  promote and market the program in communities in
2-16     which the program is not established;
2-17                 (5)  help communities that want to participate in the
2-18     program establish a local funding base; and
2-19                 (6)  provide training and technical assistance [train a
2-20     program director] for [each] participating communities [community].
2-21           Sec. 264.755 [305.013].  AGENCY COOPERATION; MEMORANDUM OF
2-22     UNDERSTANDING.  (a)  The agency and the department [commission]
2-23     shall work together to maximize the effectiveness of the
2-24     Communities In [in] Schools program.
2-25           (b)  The agency and the department [commission] shall develop
2-26     and mutually agree to a memorandum of understanding to clearly
2-27     define the responsibilities of each agency under this subchapter
 3-1     [chapter].  The memorandum must address:
 3-2                 (1)  the role of the department [commission] in
 3-3     encouraging local business to participate in local Communities In
 3-4     [in] Schools programs;
 3-5                 (2)  the role of the agency in obtaining information
 3-6     from participating school districts;
 3-7                 (3)  the use of federal or state funds available to the
 3-8     agency or the department [commission] for programs of this nature;
 3-9     and
3-10                 (4)  other areas identified by the agency and the
3-11     department [commission] that require clarification.
3-12           (c)  The agency and the department [commission] shall adopt
3-13     rules to implement the memorandum and shall update the memorandum
3-14     and rules annually.
3-15        [SUBCHAPTER C.  PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS]
3-16           Sec. 264.756 [305.021].  FUNDING; EXPANSION OF PARTICIPATION
3-17     [DESIGNATION OF PARTICIPATING SCHOOLS].  (a)  The [(b) To determine
3-18     participation in the second year of the 1996-97 state fiscal
3-19     biennium and subsequently, the] state director [coordinator] shall
3-20     develop and implement a formula for the funding of local
3-21     Communities In [in] Schools programs.  The formula may provide for
3-22     the reduction of [campuses that reduces, over a five-year period
3-23     beginning September 1, 1996, the] funds annually contributed by the
3-24     state to a local program by [to] an amount not more [less] than 50
3-25     percent of the amount contributed [by the state] for [funding of
3-26     the program in] the first year of the program [1996-97 state fiscal
3-27     biennium].  The formula must consider the financial resources of
 4-1     individual communities and school districts.  Savings accomplished
 4-2     through the implementation of the formula may be used to extend
 4-3     participation in a local [the] program to additional campuses
 4-4     designated by the state director in counties or municipalities
 4-5     [cities] that are participating in a local [the] program and to
 4-6     campuses designated by the state director in counties and
 4-7     municipalities [cities] that have not previously participated in a
 4-8     local [the] program.
 4-9           (b) [(c)]  Each local Communities In [in] Schools program
4-10     shall develop a [five-year] funding plan for campuses located in
4-11     the county or municipality [city] that participate in the program
4-12     under which levels of service to those campuses are maintained if
4-13     [as the proportion of] state funding is reduced.
4-14           (c) [(d)]  A local Communities In [in] Schools program may
4-15     accept federal funds, state funds, private contributions, grants,
4-16     and public and school district funds to support a campus
4-17     participating in the program.
4-18           Sec. 264.757 [305.022].  PARTICIPATION IN PROGRAM.  An
4-19     elementary or secondary school designated under Section 264.756
4-20     [305.021] shall participate in a local [the] Communities In [in]
4-21     Schools program if the number of students enrolled in the school
4-22     who are at risk of dropping out of school is equal to at least 10
4-23     percent of the number of students in average daily attendance at
4-24     the school, as determined by the agency.
4-25                      [SUBCHAPTER D.  PROGRAM FUNDING]
4-26           Sec. 264.758 [305.031].  DONATIONS TO PROGRAM.  (a)  The
4-27     department [commission] may accept a donation of services or money
 5-1     or other property that the department [commission] determines
 5-2     furthers the lawful objectives of the department [commission] in
 5-3     connection with the Communities In [in] Schools program.
 5-4           (b)  Each [Donations must be accepted in an open meeting by a
 5-5     majority of the voting members of the commission.  The] donation,
 5-6     with the name of the donor and the purpose of the donation, must be
 5-7     reported in the public records of the department [commission].
 5-8           SECTION 2.  Section 302.021(a), Labor Code, is amended to
 5-9     read as follows:
5-10           (a)  The following job-training, employment, and
5-11     employment-related educational programs and functions are
5-12     consolidated under the authority of the division:
5-13                 (1)  adult education programs under Subchapter H,
5-14     Chapter 29, Education Code;
5-15                 (2)  proprietary school programs under Chapter 132,
5-16     Education Code;
5-17                 (3)  apprenticeship programs under Chapter 133,
5-18     Education Code;
5-19                 (4)  postsecondary vocational and technical
5-20     job-training programs that are not a part of approved courses or
5-21     programs that lead to licensing, certification, or an associate
5-22     degree under Chapters 61, 130, and 135, Education Code, Subchapter
5-23     E, Chapter 88, Education Code, and Subchapter E, Chapter 96,
5-24     Education Code;
5-25                 (5)  employment programs under Chapter 31, Human
5-26     Resources Code;
5-27                 (6)  the senior citizens employment program under
 6-1     Chapter 101, Human Resources Code;
 6-2                 (7)  the work and family policies program under Chapter
 6-3     81;
 6-4                 (8)  job-training programs funded under the Job
 6-5     Training Partnership Act (29 U.S.C. Section 1501 et seq.);
 6-6                 (9)  the job counseling program for displaced
 6-7     homemakers under Chapter 304;
 6-8                 (10)  [the Communities in Schools program under Chapter
 6-9     305;]
6-10                 [(11)]  the reintegration of offenders program under
6-11     Chapter 306;
6-12                 (11) [(12)  the inmate employment counseling program
6-13     under Section 499.051(f), Government Code;]
6-14                 [(13)]  the continuity of care program under Section
6-15     501.095, Government Code;
6-16                 (12) [(14)  a literacy program from funds available to
6-17     the state under Section 481.026, Government Code;]
6-18                 [(15)]  the employment service;
6-19                 (13) [(16)]  the community service program under the
6-20     National and Community Service Act of 1990 (42 U.S.C. Section 12501
6-21     et seq.);
6-22                 (14) [(17)]  the trade adjustment assistance program
6-23     under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
6-24     2271 et seq.);
6-25                 (15) [(18)]  the Job Opportunities and Basic Skills
6-26     program under Part F, Subchapter IV, Social Security Act (42 U.S.C.
6-27     Section 682);
 7-1                 (16) [(19)]  the food stamp employment and training
 7-2     program authorized under 7 U.S.C. Section 2015(d); and
 7-3                 (17) [(20)]  the functions of the State Occupational
 7-4     Information Coordinating Committee.
 7-5           SECTION 3.  Section 302.062(g), Labor Code, is amended to
 7-6     read as follows:
 7-7           (g)  Block grant funding under this section does not apply
 7-8     to:
 7-9                 (1)  the work and family policies program under Chapter
7-10     81;
7-11                 (2)  a program under the skills development fund
7-12     created under Chapter 303;
7-13                 (3)  the job counseling program for displaced
7-14     homemakers under Chapter 304;
7-15                 (4)  the Communities In [in] Schools program under
7-16     Subchapter I, Chapter 264, Family Code, to the extent that funds
7-17     are available to the commission for that program [Chapter 305];
7-18                 (5)  the reintegration of offenders program under
7-19     Chapter 306;
7-20                 (6)  apprenticeship programs under Chapter 133,
7-21     Education Code;
7-22                 (7)  [the inmate employment counseling program under
7-23     Section 499.051(f), Government Code;]
7-24                 [(8)]  the continuity of care program under Section
7-25     501.095, Government Code;
7-26                 (8) [(9)]  employment programs under Chapter 31, Human
7-27     Resources Code;
 8-1                 (9) [(10)]  the senior citizens employment program
 8-2     under Chapter 101, Human Resources Code;
 8-3                 (10) [(11)]  the programs described by Section
 8-4     302.021(b)(3);
 8-5                 (11) [(12)]  the community service program under the
 8-6     National and Community Service Act of 1990 (42 U.S.C. Section 12501
 8-7     et seq.);
 8-8                 (12) [(13)]  the trade adjustment assistance program
 8-9     under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
8-10     2271 et seq.);
8-11                 (13) [(14)]  the programs to enhance the employment
8-12     opportunities of veterans; and
8-13                 (14) [(15)]  the functions of the State Occupational
8-14     Information Coordinating Committee.
8-15           SECTION 4.  (a)  On September 1, 1999:
8-16                 (1)  all powers, duties, functions, and activities
8-17     relating to the Communities In Schools program assigned to or
8-18     performed by the Texas Workforce Commission immediately before
8-19     September 1, 1999, are transferred to the Department of Protective
8-20     and Regulatory Services;
8-21                 (2)  all funds, obligations, and contracts of the Texas
8-22     Workforce Commission related to the Communities In Schools program
8-23     are transferred to the Department of Protective and Regulatory
8-24     Services for the Communities In Schools program;
8-25                 (3)  all property and records in the custody of the
8-26     Texas Workforce Commission related to the Communities In Schools
8-27     program and all funds appropriated by the legislature for the
 9-1     Communities In Schools program are transferred to the Department of
 9-2     Protective and Regulatory Services for the Communities In Schools
 9-3     program; and
 9-4                 (4)  all employees of the Texas Workforce Commission
 9-5     who primarily perform duties related to the Communities In Schools
 9-6     program become employees of the Department of Protective and
 9-7     Regulatory Services, to be assigned duties related to the
 9-8     Communities In Schools program.
 9-9           (b)  For the 1999 and 2000 state fiscal years, the number of
9-10     employees transferred to the Department of Protective and
9-11     Regulatory Services under Subsection (a)  of this section is not
9-12     included in determining the department's compliance with any
9-13     limitation on the number of full-time equivalent positions (FTEs)
9-14     imposed by the General Appropriations Act.
9-15           (c)  A reference in law or administrative rule to the Texas
9-16     Workforce Commission that relates to the Communities In Schools
9-17     program  means the Department of Protective and Regulatory
9-18     Services.  A reference in law or administrative rule to the
9-19     executive director of the Texas Workforce Commission that relates
9-20     to the Communities In Schools program means the executive director
9-21     of the Department of Protective and Regulatory Services.
9-22           (d)  A rule of the Texas Workforce Commission relating to the
9-23     Communities In Schools program continues in effect as a rule of the
9-24     Department of Protective and Regulatory Services until superseded
9-25     by rule of the Department of Protective and Regulatory Services.
9-26     The secretary of state is authorized to adopt rules as necessary to
9-27     expedite the implementation of this subsection.
 10-1          SECTION 5.  (a)  The transfer of the Communities In Schools
 10-2    program and associated powers, duties, functions, and activities
 10-3    under this Act does not affect or impair any act done, any
 10-4    obligation, right, order, license, permit, rule, criterion,
 10-5    standard, or requirement existing, any investigation begun, or any
 10-6    penalty accrued under former law, and that law remains in effect
 10-7    for any action concerning those matters.
 10-8          (b)  An action brought or proceeding commenced before the
 10-9    effective date of this Act, including a contested case or a remand
10-10    of any action or proceeding by a reviewing court, is governed by
10-11    the law and rules applicable to the action or proceeding
10-12    immediately before the effective date of this Act.
10-13          SECTION 6.  This Act takes effect September 1, 1999.
10-14          SECTION 7.  The importance of this legislation and the
10-15    crowded condition of the calendars in both houses create an
10-16    emergency and an imperative public necessity that the
10-17    constitutional rule requiring bills to be read on three several
10-18    days in each house be suspended, and this rule is hereby suspended.