By Delisi, Junell, Luna H.B. No. 3431
76R13799 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Council on Workforce and Economic Competitiveness.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2308.004, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 2308.004. PROGRAM YEAR. Under this chapter, a program
1-7 year begins on July 1 and ends on June 30 unless otherwise
1-8 specified under appropriate state or federal law.
1-9 SECTION 2. Subchapter A, Chapter 2308, Government Code, is
1-10 amended by adding Section 2308.006 to read as follows:
1-11 Sec. 2308.006. APPLICATION OF PRIOR LAW. (a) If a change
1-12 in law made by House Bill 3431, Acts of the 76th Legislature,
1-13 Regular Session, 1999, would have the effect of invalidating an
1-14 exemption granted under the Workforce Investment Act of 1998 (Pub.
1-15 L. No. 105-220), the Council on Workforce and Economic
1-16 Competitiveness may not operate under that change in law but,
1-17 instead, shall operate under the law as it existed before the
1-18 effective date of this Act.
1-19 (b) A change in law described by Subsection (a) of this
1-20 section does not affect other related provisions or applications of
1-21 a statute that can be given effect without that change in law, and
1-22 to this end those other provisions and applications of the statute
1-23 shall be given effect.
1-24 SECTION 3. Section 2308.051(a), Government Code, is amended
2-1 to read as follows:
2-2 (a) The council [Council on Workforce and Economic
2-3 Competitiveness] acts as a state human resource investment council
2-4 under the Job Training Reform Amendments of 1992 (29 U.S.C. Section
2-5 1792 et seq.) and as a state workforce investment board under the
2-6 Workforce Investment Act of 1998 (Pub. L. No. 105-220).
2-7 SECTION 4. Section 2308.052(b), Government Code, is amended
2-8 to read as follows:
2-9 (b) The council is composed of:
2-10 (1) three voting members who represent education, one
2-11 of whom represents local public education, one of whom represents
2-12 public postsecondary education, and one of whom represents
2-13 vocational education;
2-14 (2) five voting members who represent organized labor
2-15 appointed from recommendations made by recognized labor
2-16 organizations;
2-17 (3) five voting members who represent business and
2-18 industry, including business members serving on local workforce
2-19 development boards or private industry councils;
2-20 (4) two voting members who represent community-based
2-21 organizations; and
2-22 (5) the following ex officio voting members:
2-23 (A) the chair of the State Board of Education;
2-24 (B) the chair of the Texas Higher Education
2-25 Coordinating Board;
2-26 (C) the presiding officer of the Texas Board of
2-27 Human Services;
3-1 (D) the presiding officer of the policy advisory
3-2 board of the Texas Department of Economic Development [Commerce];
3-3 and
3-4 (E) the chair of the Texas Workforce Commission.
3-5 SECTION 5. Section 2308.101, Government Code, is amended to
3-6 read as follows:
3-7 Sec. 2308.101. GENERAL DUTIES. The council shall:
3-8 (1) promote the development of a well-educated, highly
3-9 skilled workforce in this state;
3-10 (2) advocate the development of an integrated
3-11 workforce development system to provide quality services addressing
3-12 the needs of business and workers in this state;
3-13 (3) recommend to the governor the designation or
3-14 redesignation of workforce development areas for the local planning
3-15 and delivery of workforce development;
3-16 (4) identify and recommend to the governor incentives
3-17 to encourage the consolidation, on a regional labor market basis,
3-18 of:
3-19 (A) local boards, councils, and committees; and
3-20 (B) service delivery areas authorized under the
3-21 Job Training Partnership Act (29 U.S.C. Section 1501 et seq.) or
3-22 other federal workforce legislation;
3-23 (5) review plans for local workforce development
3-24 [training and services] and make recommendations to the governor
3-25 for approval;
3-26 (6) evaluate the effectiveness of the [all] workforce
3-27 development system;
4-1 (7) use [using] the administrative records of the
4-2 state's unemployment compensation program and other sources as
4-3 appropriate in evaluating the workforce development system;
4-4 (8) encourage, [(7)] support, or develop research and
4-5 demonstration projects designed to develop new programs and
4-6 approaches to service delivery;
4-7 (9) [(8)] recommend measures to ensure that
4-8 occupational skills training is:
4-9 (A) provided in occupations that are locally in
4-10 demand; and
4-11 (B) directed toward high-skill and high-wage
4-12 jobs;
4-13 (10) [(9)] monitor the operation of the state's
4-14 workforce development system [programs] to assess the degree to
4-15 which the system is [these programs are] effective in achieving
4-16 state and local goals and objectives;
4-17 (11) [(10)] develop and recommend to the governor
4-18 criteria for the establishment of local workforce development
4-19 boards; [and]
4-20 (12) [(11)] carry out the federal and state duties and
4-21 responsibilities of advisory councils under applicable federal and
4-22 state workforce development laws or regulations;
4-23 (13) report periodically to the governor and the
4-24 legislature; and
4-25 (14) provide annual reports to the governor and the
4-26 legislature, including an annual report analyzing work development
4-27 programs that focus on welfare to work initiatives.
5-1 SECTION 6. Section 2308.102(a), Government Code, is amended
5-2 to read as follows:
5-3 (a) The council shall assume the duty to:
5-4 (1) develop, with the assistance of each appropriate
5-5 state agency, [and] recommend to the governor, and report to the
5-6 legislature state plans required by applicable federal law in order
5-7 for the state to receive federal funds;
5-8 (2) make policy recommendations to the governor and
5-9 the legislature on goals and priorities for formula and
5-10 discretionary funds for all applicable programs;
5-11 (3) participate directly in the development of the
5-12 state plan for career and technology [master plan for vocational]
5-13 education, as required by law, and recommend the plan to the Texas
5-14 Education Agency [State Board of Education, the Texas Higher
5-15 Education Coordinating Board, and the governor];
5-16 (4) ensure that general revenue funds previously
5-17 available to the Texas Literacy Council are used to support the
5-18 efforts of local literacy councils in a manner consistent with the
5-19 state strategic plan;
5-20 (5) recommend to the State Board of Vocational
5-21 Education the division of federal funds between secondary and
5-22 postsecondary educational agencies under the Carl D. Perkins
5-23 Vocational and Applied Technology Education Act (20 U.S.C. Section
5-24 2301 et seq.); and
5-25 (6) make recommendations to the Texas Workforce
5-26 [Employment] Commission on unemployment insurance issues pertinent
5-27 to the responsibilities of the council.
6-1 SECTION 7. Sections 2308.104(a) and (c), Government Code,
6-2 are amended to read as follows:
6-3 (a) The council shall develop and recommend to the governor
6-4 and report to the legislature a single strategic plan that
6-5 establishes the framework for the budgeting and operation of the
6-6 [all] workforce development system [programs], including school to
6-7 careers and welfare to work components [transition programs],
6-8 administered by agencies represented on the council. The council
6-9 shall annually report to the governor and the legislature on the
6-10 implementation of the strategic plan.
6-11 (c) The council shall include in the strategic plan goals,
6-12 objectives, and performance measures for the [all] workforce
6-13 development system that involve programs of state agencies that are
6-14 represented on the council.
6-15 SECTION 8. Section 2308.151, Government Code, is amended to
6-16 read as follows:
6-17 Sec. 2308.151. ESTABLISHMENT OF EVALUATION SYSTEM; FUNDING.
6-18 (a) The council shall establish and maintain an automated follow-up
6-19 and evaluation system derived from appropriate available
6-20 information, including:
6-21 (1) unemployment insurance wage records maintained by
6-22 the Texas Workforce [Employment] Commission; and
6-23 (2) student follow-up information available through
6-24 the Texas Higher Education Coordinating Board.
6-25 (b) The agencies represented on the council shall fund the
6-26 maintenance and operation of the evaluation system by using funds
6-27 available to the agencies for evaluation of each agency's workforce
7-1 development programs.
7-2 SECTION 9. Sections 2308.153(b) and (c), Government Code,
7-3 are amended to read as follows:
7-4 (b) Evaluation data in the system must include:
7-5 (1) placement rates;
7-6 (2) wages paid;
7-7 (3) retention in employment statistics;
7-8 (4) the number of education and training-related
7-9 placements; and
7-10 (5) other appropriate factors, including public
7-11 welfare dependency and the pursuit of additional education.
7-12 (c) The council may develop a method for collecting
7-13 occupational information to supplement wage record information
7-14 collected by the Texas Workforce [Employment] Commission. The
7-15 council may request employers, providers, and other appropriate
7-16 sources to provide placement, employment, and earnings information
7-17 to the council.
7-18 SECTION 10. Section 2308.154, Government Code, is amended to
7-19 read as follows:
7-20 Sec. 2308.154. ANALYSIS. At least annually, the council
7-21 shall issue an analysis, by occupation and by the provider of the
7-22 job placement performance, of each workforce development
7-23 [education] program for the previous one-year, three-year, and
7-24 five-year periods to:
7-25 (1) each provider of workforce education or workforce
7-26 training and services;
7-27 (2) the Texas Higher Education Coordinating Board for
8-1 each provider of workforce education approved and administered by
8-2 the higher education coordinating board;
8-3 (3) each local workforce development board for each
8-4 provider of workforce training and services within the workforce
8-5 development area; and
8-6 (4) the division.
8-7 SECTION 11. Section 2308.156, Government Code, is amended to
8-8 read as follows:
8-9 Sec. 2308.156. USE BY COUNCIL AND LOCAL WORKFORCE
8-10 DEVELOPMENT BOARD. The council and each local workforce
8-11 development board shall use the information under this subchapter
8-12 and other information to determine whether a specific workforce
8-13 training and services program administered by or funded by the
8-14 local board is effective and whether to continue the training and
8-15 services program.
8-16 SECTION 12. Section 2308.203, Government Code, is amended to
8-17 read as follows:
8-18 Sec. 2308.203. ACTION BY STATE AGENCIES. (a) A state
8-19 agency that is responsible for the administration of human
8-20 resources or [and] workforce development in this state shall
8-21 implement a recommendation under this subchapter if the
8-22 recommendation does not violate a federal or state law.
8-23 (b) A state agency shall:
8-24 (1) provide requested information to the council in a
8-25 timely manner;
8-26 (2) report on the implementation of the council's
8-27 recommendations at the time and in the format requested by the
9-1 council; and
9-2 (3) notify the governor, the executive director, and
9-3 the presiding officer of the council within 30 days if the agency
9-4 determines that a recommendation cannot be implemented.
9-5 SECTION 13. Section 2308.402, Government Code, is amended
9-6 to read as follows:
9-7 Sec. 2308.402. DUTIES OF SKILL STANDARDS BOARD. (a) The
9-8 skill standards board shall:
9-9 (1) validate and recognize nationally established
9-10 skill standards to guide curriculum development, training,
9-11 assessment, and certification of workforce skills;
9-12 (2) convene industry groups to develop skill standards
9-13 and certification procedures for industries and occupations in
9-14 which standards have not been established or adopted and recognize
9-15 the skill standards and certification procedures;
9-16 (3) review the standards developed by other states and
9-17 foreign countries and enter into agreements for mutual recognition
9-18 of standards and credentials to enhance portability of skills; and
9-19 (4) promote the use of standards and credentials among
9-20 employers.
9-21 (b) The skill standards board shall:
9-22 (1) report periodically to the governor; and
9-23 (2) provide annual reports to the governor, the
9-24 division, and the legislature.
9-25 SECTION 14. Subchapter G, Chapter 301, Labor Code, is
9-26 repealed.
9-27 SECTION 15. This Act takes effect September 1, 1999.
10-1 SECTION 16. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 days in each house be suspended, and this rule is hereby suspended.