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.