1-1 By: Delisi, Junell, Luna (Senate Sponsor - Fraser) H.B. No. 3431
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on Economic
1-4 Development; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Council on Workforce and Economic Competitiveness.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 2308.004, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 2308.004. PROGRAM YEAR. Under this chapter, a program
1-13 year begins on July 1 and ends on June 30 unless otherwise
1-14 specified under appropriate state or federal law.
1-15 SECTION 2. Subchapter A, Chapter 2308, Government Code, is
1-16 amended by adding Section 2308.006 to read as follows:
1-17 Sec. 2308.006. APPLICATION OF PRIOR LAW. (a) If a change
1-18 in law made by House Bill 3431, Acts of the 76th Legislature,
1-19 Regular Session, 1999, would have the effect of invalidating an
1-20 exemption granted under the Workforce Investment Act of 1998 (Pub.
1-21 L. No. 105-220), the Council on Workforce and Economic
1-22 Competitiveness may not operate under that change in law but,
1-23 instead, shall operate under the law as it existed before the
1-24 effective date of this Act.
1-25 (b) A change in law described by Subsection (a) of this
1-26 section does not affect other related provisions or applications of
1-27 a statute that can be given effect without that change in law, and
1-28 to this end those other provisions and applications of the statute
1-29 shall be given effect.
1-30 SECTION 3. Section 2308.051(a), Government Code, is amended
1-31 to read as follows:
1-32 (a) The council [Council on Workforce and Economic
1-33 Competitiveness] acts as a state human resource investment council
1-34 under the Job Training Reform Amendments of 1992 (29 U.S.C. Section
1-35 1792 et seq.) and as a state workforce investment board under the
1-36 Workforce Investment Act of 1998 (Pub. L. No. 105-220).
1-37 SECTION 4. Section 2308.052(b), Government Code, is amended
1-38 to read as follows:
1-39 (b) The council is composed of:
1-40 (1) three voting members who represent education, one
1-41 of whom represents local public education, one of whom represents
1-42 public postsecondary education, and one of whom represents
1-43 vocational education;
1-44 (2) five voting members who represent organized labor
1-45 appointed from recommendations made by recognized labor
1-46 organizations;
1-47 (3) five voting members who represent business and
1-48 industry, including business members serving on local workforce
1-49 development boards or private industry councils;
1-50 (4) two voting members who represent community-based
1-51 organizations; and
1-52 (5) the following ex officio voting members:
1-53 (A) the chair of the State Board of Education;
1-54 (B) the chair of the Texas Higher Education
1-55 Coordinating Board;
1-56 (C) the presiding officer of the Texas Board of
1-57 Human Services;
1-58 (D) the presiding officer of the policy advisory
1-59 board of the Texas Department of Economic Development [Commerce];
1-60 and
1-61 (E) the chair of the Texas Workforce Commission.
1-62 SECTION 5. Section 2308.101, Government Code, is amended to
1-63 read as follows:
1-64 Sec. 2308.101. GENERAL DUTIES. The council shall:
2-1 (1) promote the development of a well-educated, highly
2-2 skilled workforce in this state;
2-3 (2) advocate the development of an integrated
2-4 workforce development system to provide quality services addressing
2-5 the needs of business and workers in this state;
2-6 (3) recommend to the governor the designation or
2-7 redesignation of workforce development areas for the local planning
2-8 and delivery of workforce development;
2-9 (4) identify and recommend to the governor incentives
2-10 to encourage the consolidation, on a regional labor market basis,
2-11 of:
2-12 (A) local boards, councils, and committees; and
2-13 (B) service delivery areas authorized under the
2-14 Job Training Partnership Act (29 U.S.C. Section 1501 et seq.) or
2-15 other federal workforce legislation;
2-16 (5) review plans for local workforce development
2-17 [training and services] and make recommendations to the governor
2-18 for approval;
2-19 (6) evaluate the effectiveness of the [all] workforce
2-20 development system;
2-21 (7) use [using] the administrative records of the
2-22 state's unemployment compensation program and other sources as
2-23 appropriate in evaluating the workforce development system;
2-24 (8) encourage, [(7)] support, or develop research and
2-25 demonstration projects designed to develop new programs and
2-26 approaches to service delivery;
2-27 (9) [(8)] recommend measures to ensure that
2-28 occupational skills training is:
2-29 (A) provided in occupations that are locally in
2-30 demand; and
2-31 (B) directed toward high-skill and high-wage
2-32 jobs;
2-33 (10) [(9)] monitor the operation of the state's
2-34 workforce development system [programs] to assess the degree to
2-35 which the system is [these programs are] effective in achieving
2-36 state and local goals and objectives;
2-37 (11) [(10)] develop and recommend to the governor
2-38 criteria for the establishment of local workforce development
2-39 boards; [and]
2-40 (12) [(11)] carry out the federal and state duties and
2-41 responsibilities of advisory councils under applicable federal and
2-42 state workforce development laws or regulations;
2-43 (13) report periodically to the governor and the
2-44 legislature; and
2-45 (14) provide annual reports to the governor and the
2-46 legislature, including an annual report analyzing work development
2-47 programs that focus on welfare to work initiatives.
2-48 SECTION 6. Section 2308.102(a), Government Code, is amended
2-49 to read as follows:
2-50 (a) The council shall assume the duty to:
2-51 (1) develop, with the assistance of each appropriate
2-52 state agency, [and] recommend to the governor, and report to the
2-53 legislature state plans required by applicable federal law in order
2-54 for the state to receive federal funds;
2-55 (2) make policy recommendations to the governor and
2-56 the legislature on goals and priorities for formula and
2-57 discretionary funds for all applicable programs;
2-58 (3) participate directly in the development of the
2-59 state plan for career and technology [master plan for vocational]
2-60 education, as required by law, and recommend the plan to the Texas
2-61 Education Agency [State Board of Education, the Texas Higher
2-62 Education Coordinating Board, and the governor];
2-63 (4) ensure that general revenue funds previously
2-64 available to the Texas Literacy Council are used to support the
2-65 efforts of local literacy councils in a manner consistent with the
2-66 state strategic plan;
2-67 (5) recommend to the State Board of Vocational
2-68 Education the division of federal funds between secondary and
2-69 postsecondary educational agencies under the Carl D. Perkins
3-1 Vocational and Applied Technology Education Act (20 U.S.C. Section
3-2 2301 et seq.); and
3-3 (6) make recommendations to the Texas Workforce
3-4 [Employment] Commission on unemployment insurance issues pertinent
3-5 to the responsibilities of the council.
3-6 SECTION 7. Sections 2308.104(a) and (c), Government Code,
3-7 are amended to read as follows:
3-8 (a) The council shall develop and recommend to the governor
3-9 and report to the legislature a single strategic plan that
3-10 establishes the framework for the budgeting and operation of the
3-11 [all] workforce development system [programs], including school to
3-12 careers and welfare to work components [transition programs],
3-13 administered by agencies represented on the council. The council
3-14 shall annually report to the governor and the legislature on the
3-15 implementation of the strategic plan.
3-16 (c) The council shall include in the strategic plan goals,
3-17 objectives, and performance measures for the [all] workforce
3-18 development system that involve programs of state agencies that are
3-19 represented on the council.
3-20 SECTION 8. Section 2308.151, Government Code, is amended to
3-21 read as follows:
3-22 Sec. 2308.151. ESTABLISHMENT OF EVALUATION SYSTEM; FUNDING.
3-23 (a) The council shall establish and maintain an automated follow-up
3-24 and evaluation system derived from appropriate available
3-25 information, including:
3-26 (1) unemployment insurance wage records maintained by
3-27 the Texas Workforce [Employment] Commission; and
3-28 (2) student follow-up information available through
3-29 the Texas Higher Education Coordinating Board.
3-30 (b) The agencies represented on the council shall fund the
3-31 maintenance and operation of the evaluation system by using funds
3-32 available to the agencies for evaluation of each agency's workforce
3-33 development programs.
3-34 SECTION 9. Sections 2308.153(b) and (c), Government Code,
3-35 are amended to read as follows:
3-36 (b) Evaluation data in the system must include:
3-37 (1) placement rates;
3-38 (2) wages paid;
3-39 (3) retention in employment statistics;
3-40 (4) the number of education and training-related
3-41 placements; and
3-42 (5) other appropriate factors, including public
3-43 welfare dependency and the pursuit of additional education.
3-44 (c) The council may develop a method for collecting
3-45 occupational information to supplement wage record information
3-46 collected by the Texas Workforce [Employment] Commission. The
3-47 council may request employers, providers, and other appropriate
3-48 sources to provide placement, employment, and earnings information
3-49 to the council.
3-50 SECTION 10. Section 2308.154, Government Code, is amended to
3-51 read as follows:
3-52 Sec. 2308.154. ANALYSIS. At least annually, the council
3-53 shall issue an analysis, by occupation and by the provider of the
3-54 job placement performance, of each workforce development
3-55 [education] program for the previous one-year, three-year, and
3-56 five-year periods to:
3-57 (1) each provider of workforce education or workforce
3-58 training and services;
3-59 (2) the Texas Higher Education Coordinating Board for
3-60 each provider of workforce education approved and administered by
3-61 the higher education coordinating board;
3-62 (3) each local workforce development board for each
3-63 provider of workforce training and services within the workforce
3-64 development area; and
3-65 (4) the division.
3-66 SECTION 11. Section 2308.156, Government Code, is amended to
3-67 read as follows:
3-68 Sec. 2308.156. USE BY COUNCIL AND LOCAL WORKFORCE
3-69 DEVELOPMENT BOARD. The council and each local workforce
4-1 development board shall use the information under this subchapter
4-2 and other information to determine whether a specific workforce
4-3 training and services program administered by or funded by the
4-4 local board is effective and whether to continue the training and
4-5 services program.
4-6 SECTION 12. Section 2308.203, Government Code, is amended to
4-7 read as follows:
4-8 Sec. 2308.203. ACTION BY STATE AGENCIES. (a) A state
4-9 agency that is responsible for the administration of human
4-10 resources or [and] workforce development in this state shall
4-11 implement a recommendation under this subchapter if the
4-12 recommendation does not violate a federal or state law.
4-13 (b) A state agency shall:
4-14 (1) provide requested information to the council in a
4-15 timely manner;
4-16 (2) report on the implementation of the council's
4-17 recommendations at the time and in the format requested by the
4-18 council; and
4-19 (3) notify the governor, the executive director, and
4-20 the presiding officer of the council within 30 days if the agency
4-21 determines that a recommendation cannot be implemented.
4-22 SECTION 13. Section 2308.402, Government Code, is amended
4-23 to read as follows:
4-24 Sec. 2308.402. DUTIES OF SKILL STANDARDS BOARD. (a) The
4-25 skill standards board shall:
4-26 (1) validate and recognize nationally established
4-27 skill standards to guide curriculum development, training,
4-28 assessment, and certification of workforce skills;
4-29 (2) convene industry groups to develop skill standards
4-30 and certification procedures for industries and occupations in
4-31 which standards have not been established or adopted and recognize
4-32 the skill standards and certification procedures;
4-33 (3) review the standards developed by other states and
4-34 foreign countries and enter into agreements for mutual recognition
4-35 of standards and credentials to enhance portability of skills; and
4-36 (4) promote the use of standards and credentials among
4-37 employers.
4-38 (b) The skill standards board shall:
4-39 (1) report periodically to the governor; and
4-40 (2) provide annual reports to the governor, the
4-41 division, and the legislature.
4-42 SECTION 14. Subchapter G, Chapter 301, Labor Code, is
4-43 repealed.
4-44 SECTION 15. This Act takes effect September 1, 1999.
4-45 SECTION 16. The importance of this legislation and the
4-46 crowded condition of the calendars in both houses create an
4-47 emergency and an imperative public necessity that the
4-48 constitutional rule requiring bills to be read on three several
4-49 days in each house be suspended, and this rule is hereby suspended.
4-50 * * * * *