By: Barrientos, et al. S.B. No. 330
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer and operation of the Communities In
1-2 Schools program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 305, Labor Code, is transferred to
1-5 Chapter 264, Family Code, is redesignated as Subchapter I, Chapter
1-6 264, Family Code, and is amended to read as follows:
1-7 SUBCHAPTER I [CHAPTER 305]. COMMUNITIES IN SCHOOLS PROGRAM
1-8 [SUBCHAPTER A. GENERAL PROVISIONS]
1-9 Sec. 264.751 [305.001]. Definitions. In this subchapter
1-10 [chapter]:
1-11 (1) "Agency" means the Texas Education Agency.
1-12 (2) "Communities In [in] Schools program" means an
1-13 exemplary youth dropout prevention program.
1-14 (3) "Delinquent conduct" has the meaning assigned by
1-15 Section 51.03.
1-16 (4) "Student at risk of dropping out of school" has
1-17 the meaning assigned by Section 29.081, Education Code, or means a
1-18 student who is eligible for a free or reduced lunch or is in family
1-19 conflict or crisis.
1-20 Sec. 264.752 [305.002]. Statewide Operation of Program. It
1-21 is the intent of the legislature that the Communities In [in]
1-22 Schools program operate throughout this state. It is also the
1-23 intent of the legislature that programs established under Chapter
1-24 305, Labor Code, and its predecessor statute, the Texas
2-1 Unemployment Compensation Act (Article 5221b-9d, Vernon's Texas
2-2 Civil Statutes), and programs established under this subchapter
2-3 shall remain eligible to participate in the Communities In Schools
2-4 program if funds are available and if their performance meets the
2-5 criteria established by the department for renewal of their
2-6 contracts.
2-7 [SUBCHAPTER B. OPERATION OF PROGRAM]
2-8 Sec. 264.753 [305.011]. STATE DIRECTOR [COORDINATOR]. The
2-9 executive director of the department shall designate [appoint] a
2-10 state director [coordinator] for the Communities In [in] Schools
2-11 program.
2-12 Sec. 264.754 [305.012]. DUTIES OF STATE DIRECTOR
2-13 [COORDINATOR]. The state director [coordinator] shall:
2-14 (1) coordinate the efforts of the Communities In
2-15 Schools program with other social service organizations and
2-16 agencies and with [of] public school personnel to provide services
2-17 to students who are at risk of dropping out of school or engaging
2-18 in delinquent conduct, including students who are in family
2-19 conflict or emotional crisis;
2-20 (2) set standards for the Communities In [in] Schools
2-21 program and establish state performance goals, objectives, and
2-22 measures for the program;
2-23 (3) obtain information [from each participating school
2-24 district] to determine accomplishment of state performance goals,
2-25 objectives, and measures [necessary program changes];
2-26 (4) promote and market the program in communities in
3-1 which the program is not established;
3-2 (5) help communities that want to participate in the
3-3 program establish a local funding base; and
3-4 (6) provide training and technical assistance [train a
3-5 program director] for [each] participating communities and programs
3-6 [community].
3-7 Sec. 264.755 [305.013]. Agency Cooperation; Memorandum of
3-8 Understanding. (a) The agency, [and] the department, and
3-9 Communities In Schools, Inc. [commission] shall work together to
3-10 maximize the effectiveness of the Communities In [in] Schools
3-11 program.
3-12 (b) The agency and the department [commission] shall develop
3-13 and mutually agree to a memorandum of understanding to clearly
3-14 define the responsibilities of the [each] agency and of the
3-15 department under this subchapter [chapter]. The memorandum must
3-16 address:
3-17 (1) the role of the department [commission] in
3-18 encouraging local business to participate in local Communities In
3-19 [in] Schools programs;
3-20 (2) the role of the agency in obtaining information
3-21 from participating school districts;
3-22 (3) the use of federal or state funds available to the
3-23 agency or the department [commission] for programs of this nature;
3-24 and
3-25 (4) other areas identified by the agency and the
3-26 department [commission] that require clarification.
4-1 (c) The agency and the department [commission] shall adopt
4-2 rules to implement the memorandum and shall update the memorandum
4-3 and rules annually.
4-4 [SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS]
4-5 Sec. 264.756 [305.021]. FUNDING; EXPANSION OF PARTICIPATION
4-6 [DESIGNATION OF PARTICIPATING SCHOOLS]. (a) The department
4-7 [(b) To determine participation in the second year of the 1996-97
4-8 state fiscal biennium and subsequently, the state coordinator]
4-9 shall develop and implement an equitable [a] formula for the
4-10 funding of local Communities In [in] Schools programs. The formula
4-11 may provide for the reduction of [campuses that reduces, over a
4-12 five-year period beginning September 1, 1996, the] funds annually
4-13 contributed by the state to a local program by an amount not more
4-14 [less] than 50 percent of the amount contributed by the state for
4-15 [funding of the program in] the first year of the program [1996-97
4-16 state fiscal biennium]. The formula must consider the financial
4-17 resources of individual communities and school districts. Savings
4-18 accomplished through the implementation of the formula may be used
4-19 to extend services to [participation in the program to additional
4-20 campuses in] counties [or cities that are participating in the
4-21 program] and municipalities currently not served by a local [to
4-22 campuses in counties and cities that have not previously
4-23 participated in the] program or to extend services to counties and
4-24 municipalities currently served by an existing local program.
4-25 (b) [(c)] Each local Communities In [in] Schools program
4-26 shall develop a [five-year] funding plan [for campuses located in
5-1 the county or city that participate in the program under] which
5-2 ensures that the level [levels] of services is [service to those
5-3 campuses are] maintained if [as the proportion of] state funding is
5-4 reduced.
5-5 (c) [(d)] A local Communities In [in] Schools program may
5-6 accept federal funds, state funds, private contributions, grants,
5-7 and public and school district funds to support a campus
5-8 participating in the program.
5-9 Sec. 264.757 [305.022]. Participation in Program. An
5-10 elementary or secondary school designated under Section 264.756
5-11 [305.021] shall participate in a local [the] Communities In [in]
5-12 Schools program if the number of students enrolled in the school
5-13 who are at risk of dropping out of school is equal to at least 10
5-14 percent of the number of students in average daily attendance at
5-15 the school, as determined by the agency.
5-16 [SUBCHAPTER D. PROGRAM FUNDING]
5-17 Sec. 264.758 [305.031]. Donations to Program. (a) The
5-18 department [commission] may accept a donation of services or money
5-19 or other property that the department [commission] determines
5-20 furthers the lawful objectives of the department [commission] in
5-21 connection with the Communities In [in] Schools program.
5-22 (b) Each [Donations must be accepted in an open meeting by a
5-23 majority of the voting members of the commission. The] donation,
5-24 with the name of the donor and the purpose of the donation, must be
5-25 reported in the public records of the department [commission].
5-26 SECTION 2. Subsection (a), Section 302.021, Labor Code, is
6-1 amended to read as follows:
6-2 (a) The following job-training, employment, and
6-3 employment-related educational programs and functions are
6-4 consolidated under the authority of the division:
6-5 (1) adult education programs under Subchapter H,
6-6 Chapter 29, Education Code;
6-7 (2) proprietary school programs under Chapter 132,
6-8 Education Code;
6-9 (3) apprenticeship programs under Chapter 133,
6-10 Education Code;
6-11 (4) postsecondary vocational and technical
6-12 job-training programs that are not a part of approved courses or
6-13 programs that lead to licensing, certification, or an associate
6-14 degree under Chapters 61, 130, and 135, Education Code, Subchapter
6-15 E, Chapter 88, Education Code, and Subchapter E, Chapter 96,
6-16 Education Code;
6-17 (5) employment programs under Chapter 31, Human
6-18 Resources Code;
6-19 (6) the senior citizens employment program under
6-20 Chapter 101, Human Resources Code;
6-21 (7) the work and family policies program under Chapter
6-22 81;
6-23 (8) job-training programs funded under the Job
6-24 Training Partnership Act (29 U.S.C. Section 1501 et seq.) and under
6-25 the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et
6-26 seq.);
7-1 (9) the job counseling program for displaced
7-2 homemakers under Chapter 304;
7-3 (10) [the Communities in Schools program under Chapter
7-4 305;]
7-5 [(11)] the reintegration of offenders program under
7-6 Chapter 306;
7-7 (11) [(12)] the inmate employment counseling program
7-8 under Section 499.051(f), Government Code;
7-9 (12) [(13)] the continuity of care program under
7-10 Section 501.095, Government Code;
7-11 (13) [(14)] a literacy program from state, local,
7-12 federal, and private funds available to the state for that purpose
7-13 [under Section 481.026, Government Code];
7-14 (14) [(15)] the employment service;
7-15 (15) [(16)] the community service program under the
7-16 National and Community Service Act of 1990 (42 U.S.C. Section 12501
7-17 et seq.);
7-18 (16) [(17)] the trade adjustment assistance program
7-19 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
7-20 2271 et seq.);
7-21 (17) education, employment, employment support,
7-22 training services, activities and programs funded under Temporary
7-23 Assistance for Needy Families (42 U.S.C. Section 601 et seq.)
7-24 [(18) the Job Opportunities and Basic Skills program under Part F,
7-25 Subchapter IV, Social Security Act (42 U.S.C. Section 682)];
7-26 (18) [(19)] the food stamp employment and training
8-1 program authorized under 7 U.S.C. Section 2015(d); and
8-2 (19) [(20)] the functions of the State Occupational
8-3 Information Coordinating Committee.
8-4 SECTION 3. Subsection (g), Section 302.062, Labor Code, is
8-5 amended to read as follows:
8-6 (g) Block grant funding under this section does not apply
8-7 to:
8-8 (1) the work and family policies program under Chapter
8-9 81;
8-10 (2) a program under the skills development fund
8-11 created under Chapter 303;
8-12 (3) the job counseling program for displaced
8-13 homemakers under Chapter 304;
8-14 (4) the Communities In [in] Schools program under
8-15 Subchapter I, Chapter 264, Family Code, to the extent that funds
8-16 are available to the commission for that program [Chapter 305];
8-17 (5) the reintegration of offenders program under
8-18 Chapter 306;
8-19 (6) apprenticeship programs under Chapter 133,
8-20 Education Code;
8-21 (7) [the inmate employment counseling program under
8-22 Section 499.051(f), Government Code;]
8-23 [(8)] the continuity of care program under Section
8-24 501.095, Government Code;
8-25 (8) [(9)] employment programs under Chapter 31, Human
8-26 Resources Code;
9-1 (9) [(10)] the senior citizens employment program
9-2 under Chapter 101, Human Resources Code;
9-3 (10) [(11)] the programs described by Section
9-4 302.021(b)(3);
9-5 (11) [(12)] the community service program under the
9-6 National and Community Service Act of 1990 (42 U.S.C. Section 12501
9-7 et seq.);
9-8 (12) [(13)] the trade adjustment assistance program
9-9 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
9-10 2271 et seq.);
9-11 (13) [(14)] the programs to enhance the employment
9-12 opportunities of veterans; and
9-13 (14) [(15)] the functions of the State Occupational
9-14 Information Coordinating Committee.
9-15 SECTION 4. (a) On September 1, 1999:
9-16 (1) all powers, duties, functions, and activities
9-17 relating to the Communities In Schools program assigned to or
9-18 performed by the Texas Workforce Commission immediately before
9-19 September 1, 1999, are transferred to the Department of Protective
9-20 and Regulatory Services;
9-21 (2) all funds, obligations, and contracts of the Texas
9-22 Workforce Commission related to the Communities In Schools program
9-23 are transferred to the Department of Protective and Regulatory
9-24 Services for the Communities In Schools program;
9-25 (3) all property and records in the custody of the
9-26 Texas Workforce Commission related to the Communities In Schools
10-1 program and all funds appropriated by the legislature for the
10-2 Communities In Schools program are transferred to the Department of
10-3 Protective and Regulatory Services for the Communities In Schools
10-4 program; and
10-5 (4) all employees of the Texas Workforce Commission
10-6 who primarily perform duties related to the Communities In Schools
10-7 program become employees of the Department of Protective and
10-8 Regulatory Services, to be assigned duties related to the
10-9 Communities In Schools program.
10-10 (b) For the 1999 and 2000 state fiscal years, the number of
10-11 employees transferred to the Department of Protective and
10-12 Regulatory Services under Subsection (a) of this section is not
10-13 included in determining the department's compliance with any
10-14 limitation on the number of full-time equivalent positions (FTEs)
10-15 imposed by the General Appropriations Act.
10-16 (c) A reference in law or administrative rule to the Texas
10-17 Workforce Commission that relates to the Communities In Schools
10-18 program means the Department of Protective and Regulatory Services.
10-19 A reference in law or administrative rule to the executive director
10-20 of the Texas Workforce Commission that relates to the Communities
10-21 In Schools program means the executive director of the Department
10-22 of Protective and Regulatory Services.
10-23 (d) A rule of the Texas Workforce Commission relating to the
10-24 Communities In Schools program continues in effect as a rule of the
10-25 Department of Protective and Regulatory Services until superseded
10-26 by rule of the Department of Protective and Regulatory Services.
11-1 The secretary of state is authorized to adopt rules as necessary to
11-2 expedite the implementation of this subsection.
11-3 SECTION 5. (a) The transfer of the Communities In Schools
11-4 program and associated powers, duties, functions, and activities
11-5 under this Act does not affect or impair any act done, any
11-6 obligation, right, order, license, permit, rule, criterion,
11-7 standard, or requirement existing, any investigation begun, or any
11-8 penalty accrued under former law, and that law remains in effect
11-9 for any action concerning those matters.
11-10 (b) An action brought or proceeding commenced before the
11-11 effective date of this Act, including a contested case or a remand
11-12 of any action or proceeding by a reviewing court, is governed by
11-13 the law and rules applicable to the action or proceeding
11-14 immediately before the effective date of this Act.
11-15 SECTION 6. This Act takes effect September 1, 1999.
11-16 SECTION 7. The importance of this legislation and the
11-17 crowded condition of the calendars in both houses create an
11-18 emergency and an imperative public necessity that the
11-19 constitutional rule requiring bills to be read on three several
11-20 days in each house be suspended, and this rule is hereby suspended.