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.