1-1 AN ACT
1-2 relating to the development and operation of a workforce
1-3 development system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2308.004, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2308.004. PROGRAM YEAR. Under this chapter, a program
1-8 year begins on July 1 and ends on June 30 unless otherwise
1-9 specified under appropriate state or federal law.
1-10 SECTION 2. Subchapter A, Chapter 2308, Government Code, is
1-11 amended by adding Section 2308.006 to read as follows:
1-12 Sec. 2308.006. APPLICATION OF PRIOR LAW. (a) If a change
1-13 in law made by House Bill 3431, Acts of the 76th Legislature,
1-14 Regular Session, 1999, would have the effect of invalidating an
1-15 exemption granted under the Workforce Investment Act of 1998 (Pub.
1-16 L. No. 105-220), the Council on Workforce and Economic
1-17 Competitiveness may not operate under that change in law but,
1-18 instead, shall operate under the law as it existed before the
1-19 effective date of this Act.
1-20 (b) A change in law described by Subsection (a) of this
1-21 section does not affect other related provisions or applications of
1-22 a statute that can be given effect without that change in law, and
1-23 to this end those other provisions and applications of the statute
1-24 shall be given effect.
2-1 SECTION 3. Section 2308.051(a), Government Code, is amended
2-2 to read as follows:
2-3 (a) The council [Council on Workforce and Economic
2-4 Competitiveness] acts as a state human resource investment council
2-5 under the Job Training Reform Amendments of 1992 (29 U.S.C. Section
2-6 1792 et seq.) and as a state workforce investment board under the
2-7 Workforce Investment Act of 1998 (Pub. L. No. 105-220).
2-8 SECTION 4. Section 2308.052(b), Government Code, is amended
2-9 to read as follows:
2-10 (b) The council is composed of:
2-11 (1) three voting members who represent education, one
2-12 of whom represents local public education, one of whom represents
2-13 public postsecondary education, and one of whom represents
2-14 vocational education;
2-15 (2) five voting members who represent organized labor
2-16 appointed from recommendations made by recognized labor
2-17 organizations;
2-18 (3) five voting members who represent business and
2-19 industry, including business members serving on local workforce
2-20 development boards or private industry councils;
2-21 (4) two voting members who represent community-based
2-22 organizations; and
2-23 (5) the following ex officio voting members:
2-24 (A) the chair of the State Board of Education;
2-25 (B) the chair of the Texas Higher Education
2-26 Coordinating Board;
2-27 (C) the presiding officer of the Texas Board of
3-1 Human Services;
3-2 (D) the presiding officer of the policy advisory
3-3 board of the Texas Department of Economic Development [Commerce];
3-4 and
3-5 (E) the chair of the Texas Workforce Commission.
3-6 SECTION 5. Section 2308.101, Government Code, is amended to
3-7 read as follows:
3-8 Sec. 2308.101. GENERAL DUTIES. The council shall:
3-9 (1) promote the development of a well-educated, highly
3-10 skilled workforce in this state;
3-11 (2) advocate the development of an integrated
3-12 workforce development system to provide quality services addressing
3-13 the needs of business and workers in this state;
3-14 (3) recommend to the governor the designation or
3-15 redesignation of workforce development areas for the local planning
3-16 and delivery of workforce development;
3-17 (4) identify and recommend to the governor incentives
3-18 to encourage the consolidation, on a regional labor market basis,
3-19 of:
3-20 (A) local boards, councils, and committees; and
3-21 (B) service delivery areas authorized under the
3-22 Job Training Partnership Act (29 U.S.C. Section 1501 et seq.) or
3-23 other federal workforce legislation;
3-24 (5) review plans for local workforce development
3-25 [training and services] and make recommendations to the governor
3-26 for approval;
3-27 (6) evaluate the effectiveness of the [all] workforce
4-1 development system;
4-2 (7) use [using] the administrative records of the
4-3 state's unemployment compensation program and other sources as
4-4 appropriate in evaluating the workforce development system;
4-5 (8) encourage, [(7)] support, or develop research and
4-6 demonstration projects designed to develop new programs and
4-7 approaches to service delivery;
4-8 (9) [(8)] recommend measures to ensure that
4-9 occupational skills training is:
4-10 (A) provided in occupations that are locally in
4-11 demand; and
4-12 (B) directed toward high-skill and high-wage
4-13 jobs;
4-14 (10) [(9)] monitor the operation of the state's
4-15 workforce development system [programs] to assess the degree to
4-16 which the system is [these programs are] effective in achieving
4-17 state and local goals and objectives;
4-18 (11) [(10)] develop and recommend to the governor
4-19 criteria for the establishment of local workforce development
4-20 boards; [and]
4-21 (12) [(11)] carry out the federal and state duties and
4-22 responsibilities of advisory councils under applicable federal and
4-23 state workforce development laws or regulations;
4-24 (13) report periodically to the governor and the
4-25 legislature; and
4-26 (14) provide annual reports to the governor and the
4-27 legislature, including an annual report analyzing work development
5-1 programs that focus on welfare to work initiatives.
5-2 SECTION 6. Section 2308.102(a), Government Code, is amended
5-3 to read as follows:
5-4 (a) The council shall assume the duty to:
5-5 (1) develop, with the assistance of each appropriate
5-6 state agency, [and] recommend to the governor, and report to the
5-7 legislature state plans required by applicable federal law in order
5-8 for the state to receive federal funds;
5-9 (2) make policy recommendations to the governor and
5-10 the legislature on goals and priorities for formula and
5-11 discretionary funds for all applicable programs;
5-12 (3) participate directly in the development of the
5-13 state plan for career and technology [master plan for vocational]
5-14 education, as required by law, and recommend the plan to the Texas
5-15 Education Agency [State Board of Education, the Texas Higher
5-16 Education Coordinating Board, and the governor];
5-17 (4) ensure that general revenue funds previously
5-18 available to the Texas Literacy Council are used to support the
5-19 efforts of local literacy councils in a manner consistent with the
5-20 state strategic plan;
5-21 (5) recommend to the State Board of Vocational
5-22 Education the division of federal funds between secondary and
5-23 postsecondary educational agencies under the Carl D. Perkins
5-24 Vocational and Applied Technology Education Act (20 U.S.C. Section
5-25 2301 et seq.); and
5-26 (6) make recommendations to the Texas Workforce
5-27 [Employment] Commission on unemployment insurance issues pertinent
6-1 to the responsibilities of the council.
6-2 SECTION 7. Sections 2308.104(a) and (c), Government Code,
6-3 are amended to read as follows:
6-4 (a) The council shall develop and recommend to the governor
6-5 and report to the legislature a single strategic plan that
6-6 establishes the framework for the budgeting and operation of the
6-7 [all] workforce development system [programs], including school to
6-8 careers and welfare to work components [transition programs],
6-9 administered by agencies represented on the council. The council
6-10 shall annually report to the governor and the legislature on the
6-11 implementation of the strategic plan.
6-12 (c) The council shall include in the strategic plan goals,
6-13 objectives, and performance measures for the [all] workforce
6-14 development system that involve programs of state agencies that are
6-15 represented on the council.
6-16 SECTION 8. Section 2308.151, Government Code, is amended to
6-17 read as follows:
6-18 Sec. 2308.151. ESTABLISHMENT OF EVALUATION SYSTEM; FUNDING.
6-19 (a) The council shall establish and maintain an automated follow-up
6-20 and evaluation system derived from appropriate available
6-21 information, including:
6-22 (1) unemployment insurance wage records maintained by
6-23 the Texas Workforce [Employment] Commission; and
6-24 (2) student follow-up information available through
6-25 the Texas Higher Education Coordinating Board.
6-26 (b) The agencies represented on the council shall fund the
6-27 maintenance and operation of the evaluation system by using funds
7-1 available to the agencies for evaluation of each agency's workforce
7-2 development programs.
7-3 SECTION 9. Sections 2308.153(b) and (c), Government Code,
7-4 are amended to read as follows:
7-5 (b) Evaluation data in the system must include:
7-6 (1) placement rates;
7-7 (2) wages paid;
7-8 (3) retention in employment statistics;
7-9 (4) the number of education and training-related
7-10 placements; and
7-11 (5) other appropriate factors, including public
7-12 welfare dependency and the pursuit of additional education.
7-13 (c) The council may develop a method for collecting
7-14 occupational information to supplement wage record information
7-15 collected by the Texas Workforce [Employment] Commission. The
7-16 council may request employers, providers, and other appropriate
7-17 sources to provide placement, employment, and earnings information
7-18 to the council.
7-19 SECTION 10. Section 2308.154, Government Code, is amended to
7-20 read as follows:
7-21 Sec. 2308.154. ANALYSIS. At least annually, the council
7-22 shall issue an analysis, by occupation and by the provider of the
7-23 job placement performance, of each workforce development
7-24 [education] program for the previous one-year, three-year, and
7-25 five-year periods to:
7-26 (1) each provider of workforce education or workforce
7-27 training and services;
8-1 (2) the Texas Higher Education Coordinating Board for
8-2 each provider of workforce education approved and administered by
8-3 the higher education coordinating board;
8-4 (3) each local workforce development board for each
8-5 provider of workforce training and services within the workforce
8-6 development area; and
8-7 (4) the division.
8-8 SECTION 11. Section 2308.156, Government Code, is amended to
8-9 read as follows:
8-10 Sec. 2308.156. USE BY COUNCIL AND LOCAL WORKFORCE
8-11 DEVELOPMENT BOARD. The council and each local workforce
8-12 development board shall use the information under this subchapter
8-13 and other information to determine whether a specific workforce
8-14 training and services program administered by or funded by the
8-15 local board is effective and whether to continue the training and
8-16 services program.
8-17 SECTION 12. Section 2308.203, Government Code, is amended to
8-18 read as follows:
8-19 Sec. 2308.203. ACTION BY STATE AGENCIES. (a) A state
8-20 agency that is responsible for the administration of human
8-21 resources or [and] workforce development in this state shall
8-22 implement a recommendation under this subchapter if the
8-23 recommendation does not violate a federal or state law.
8-24 (b) A state agency shall:
8-25 (1) provide requested information to the council in a
8-26 timely manner;
8-27 (2) report on the implementation of the council's
9-1 recommendations at the time and in the format requested by the
9-2 council; and
9-3 (3) notify the governor, the executive director, and
9-4 the presiding officer of the council within 30 days if the agency
9-5 determines that a recommendation cannot be implemented.
9-6 SECTION 13. Section 2308.303(a), Government Code, is amended
9-7 to read as follows:
9-8 (a) A board shall:
9-9 (1) serve as a single point of contact for local
9-10 businesses to communicate their skill needs and to influence the
9-11 direction of all workforce development programs in the workforce
9-12 development area;
9-13 (2) serve as a private industry council under the Job
9-14 Training Partnership Act (29 U.S.C. Section 1501 et seq.);
9-15 (3) develop a local plan to address the workforce
9-16 development needs of the workforce development area that:
9-17 (A) is responsive to the goals, objectives, and
9-18 performance standards established by the governor;
9-19 (B) targets services to meet local needs,
9-20 including the identification of industries and employers likely to
9-21 employ workers who complete job training programs; and
9-22 (C) ensures that the workforce development
9-23 system, including the educational system, has the flexibility to
9-24 meet the needs of local businesses;
9-25 (4) designate the board or another entity as the board's
9-26 fiscal agent to be responsible and accountable for the management
9-27 of all workforce development funds available to the board;
10-1 (5) create local career development centers under Section
10-2 2308.312;
10-3 (6) review plans for workforce education to ensure that the
10-4 plans address the needs of local businesses and recommend
10-5 appropriate changes in the delivery of education services;
10-6 (7) assume the functions and responsibilities of local
10-7 workforce development advisory boards, councils, and committees
10-8 authorized by federal or state law, including private industry
10-9 councils, quality workforce planning committees, job service
10-10 employer committees, and local general vocational program advisory
10-11 committees;
10-12 (8) monitor and evaluate the effectiveness of the career
10-13 development centers, state agencies and other contractors providing
10-14 workforce training and services, and vocational and technical
10-15 education programs operated by local education agencies and
10-16 institutions of higher education to ensure that performance is
10-17 consistent with state and local goals and objectives; and
10-18 (9) promote cooperation and coordination among public
10-19 organizations, community organizations, charitable and religious
10-20 organizations, and private businesses providing workforce
10-21 development, in a manner consistent with the nondiscrimination
10-22 principles and safeguards stated in 42 U.S.C. Section 604a.
10-23 SECTION 14. Section 2308.402, Government Code, is amended to
10-24 read as follows:
10-25 Sec. 2308.402. DUTIES OF SKILL STANDARDS BOARD. (a) The
10-26 skill standards board shall:
10-27 (1) validate and recognize nationally established
11-1 skill standards to guide curriculum development, training,
11-2 assessment, and certification of workforce skills;
11-3 (2) convene industry groups to develop skill standards
11-4 and certification procedures for industries and occupations in
11-5 which standards have not been established or adopted and recognize
11-6 the skill standards and certification procedures;
11-7 (3) review the standards developed by other states and
11-8 foreign countries and enter into agreements for mutual recognition
11-9 of standards and credentials to enhance portability of skills; and
11-10 (4) promote the use of standards and credentials among
11-11 employers.
11-12 (b) The skill standards board shall:
11-13 (1) report periodically to the governor; and
11-14 (2) provide annual reports to the governor, the
11-15 division, and the legislature.
11-16 SECTION 15. Subchapter G, Chapter 301, Labor Code, is
11-17 repealed.
11-18 SECTION 16. This Act takes effect September 1, 1999.
11-19 SECTION 17. The importance of this legislation and the
11-20 crowded condition of the calendars in both houses create an
11-21 emergency and an imperative public necessity that the
11-22 constitutional rule requiring bills to be read on three several
11-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3431 was passed by the House on May
11, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3431 on May 27, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3431 was passed by the Senate, with
amendments, on May 24, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor