1-1 By: Barrientos, et al. S.B. No. 330
1-2 (In the Senate - Filed February 1, 1999; February 3, 1999,
1-3 read first time and referred to Committee on Education;
1-4 April 7, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 7, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 330 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the transfer and operation of the Communities In
1-11 Schools program.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 305, Labor Code, is transferred to
1-14 Chapter 264, Family Code, is redesignated as Subchapter I, Chapter
1-15 264, Family Code, and is amended to read as follows:
1-16 SUBCHAPTER I [CHAPTER 305]. COMMUNITIES IN SCHOOLS PROGRAM
1-17 [SUBCHAPTER A. GENERAL PROVISIONS]
1-18 Sec. 264.751 [305.001]. Definitions. In this subchapter
1-19 [chapter]:
1-20 (1) "Agency" means the Texas Education Agency.
1-21 (2) "Communities In [in] Schools program" means an
1-22 exemplary youth dropout prevention program.
1-23 (3) "Delinquent conduct" has the meaning assigned by
1-24 Section 51.03.
1-25 (4) "Student at risk of dropping out of school" has
1-26 the meaning assigned by Section 29.081, Education Code, or means a
1-27 student who is eligible for a free or reduced lunch or is in family
1-28 conflict or crisis.
1-29 Sec. 264.752 [305.002]. Statewide Operation of Program. It
1-30 is the intent of the legislature that the Communities In [in]
1-31 Schools program operate throughout this state. It is also the
1-32 intent of the legislature that programs established under Chapter
1-33 305, Labor Code, and its predecessor statute, the Texas
1-34 Unemployment Compensation Act (Article 5221b-9d, Vernon's Texas
1-35 Civil Statutes), and programs established under this subchapter
1-36 shall remain eligible to participate in the Communities In Schools
1-37 program if funds are available and if their performance meets the
1-38 criteria established by the department for renewal of their
1-39 contracts.
1-40 [SUBCHAPTER B. OPERATION OF PROGRAM]
1-41 Sec. 264.753 [305.011]. STATE DIRECTOR [COORDINATOR]. The
1-42 executive director of the department shall designate [appoint] a
1-43 state director [coordinator] for the Communities In [in] Schools
1-44 program.
1-45 Sec. 264.754 [305.012]. DUTIES OF STATE DIRECTOR
1-46 [COORDINATOR]. The state director [coordinator] shall:
1-47 (1) coordinate the efforts of the Communities In
1-48 Schools program with other social service organizations and
1-49 agencies and with [of] public school personnel to provide services
1-50 to students who are at risk of dropping out of school or engaging
1-51 in delinquent conduct, including students who are in family
1-52 conflict or emotional crisis;
1-53 (2) set standards for the Communities In [in] Schools
1-54 program and establish state performance goals, objectives, and
1-55 measures for the program;
1-56 (3) obtain information [from each participating school
1-57 district] to determine accomplishment of state performance goals,
1-58 objectives, and measures [necessary program changes];
1-59 (4) promote and market the program in communities in
1-60 which the program is not established;
1-61 (5) help communities that want to participate in the
1-62 program establish a local funding base; and
1-63 (6) provide training and technical assistance [train a
1-64 program director] for [each] participating communities and programs
2-1 [community].
2-2 Sec. 264.755 [305.013]. Agency Cooperation; Memorandum of
2-3 Understanding. (a) The agency, [and] the department, and
2-4 Communities In Schools, Inc. [commission] shall work together to
2-5 maximize the effectiveness of the Communities In [in] Schools
2-6 program.
2-7 (b) The agency and the department [commission] shall develop
2-8 and mutually agree to a memorandum of understanding to clearly
2-9 define the responsibilities of the [each] agency and of the
2-10 department under this subchapter [chapter]. The memorandum must
2-11 address:
2-12 (1) the role of the department [commission] in
2-13 encouraging local business to participate in local Communities In
2-14 [in] Schools programs;
2-15 (2) the role of the agency in obtaining information
2-16 from participating school districts;
2-17 (3) the use of federal or state funds available to the
2-18 agency or the department [commission] for programs of this nature;
2-19 and
2-20 (4) other areas identified by the agency and the
2-21 department [commission] that require clarification.
2-22 (c) The agency and the department [commission] shall adopt
2-23 rules to implement the memorandum and shall update the memorandum
2-24 and rules annually.
2-25 [SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS]
2-26 Sec. 264.756 [305.021]. FUNDING; EXPANSION OF PARTICIPATION
2-27 [DESIGNATION OF PARTICIPATING SCHOOLS]. (a) The department
2-28 [(b) To determine participation in the second year of the 1996-97
2-29 state fiscal biennium and subsequently, the state coordinator]
2-30 shall develop and implement an equitable [a] formula for the
2-31 funding of local Communities In [in] Schools programs. The formula
2-32 may provide for the reduction of [campuses that reduces, over a
2-33 five-year period beginning September 1, 1996, the] funds annually
2-34 contributed by the state to a local program by an amount not more
2-35 [less] than 50 percent of the amount contributed by the state for
2-36 [funding of the program in] the first year of the program [1996-97
2-37 state fiscal biennium]. The formula must consider the financial
2-38 resources of individual communities and school districts. Savings
2-39 accomplished through the implementation of the formula may be used
2-40 to extend services to [participation in the program to additional
2-41 campuses in] counties [or cities that are participating in the
2-42 program] and municipalities currently not served by a local [to
2-43 campuses in counties and cities that have not previously
2-44 participated in the] program or to extend services to counties and
2-45 municipalities currently served by an existing local program.
2-46 (b) [(c)] Each local Communities In [in] Schools program
2-47 shall develop a [five-year] funding plan [for campuses located in
2-48 the county or city that participate in the program under] which
2-49 ensures that the level [levels] of services is [service to those
2-50 campuses are] maintained if [as the proportion of] state funding is
2-51 reduced.
2-52 (c) [(d)] A local Communities In [in] Schools program may
2-53 accept federal funds, state funds, private contributions, grants,
2-54 and public and school district funds to support a campus
2-55 participating in the program.
2-56 Sec. 264.757 [305.022]. Participation in Program. An
2-57 elementary or secondary school designated under Section 264.756
2-58 [305.021] shall participate in a local [the] Communities In [in]
2-59 Schools program if the number of students enrolled in the school
2-60 who are at risk of dropping out of school is equal to at least 10
2-61 percent of the number of students in average daily attendance at
2-62 the school, as determined by the agency.
2-63 [SUBCHAPTER D. PROGRAM FUNDING]
2-64 Sec. 264.758 [305.031]. Donations to Program. (a) The
2-65 department [commission] may accept a donation of services or money
2-66 or other property that the department [commission] determines
2-67 furthers the lawful objectives of the department [commission] in
2-68 connection with the Communities In [in] Schools program.
2-69 (b) Each [Donations must be accepted in an open meeting by a
3-1 majority of the voting members of the commission. The] donation,
3-2 with the name of the donor and the purpose of the donation, must be
3-3 reported in the public records of the department [commission].
3-4 SECTION 2. Subsection (a), Section 302.021, Labor Code, is
3-5 amended to read as follows:
3-6 (a) The following job-training, employment, and
3-7 employment-related educational programs and functions are
3-8 consolidated under the authority of the division:
3-9 (1) adult education programs under Subchapter H,
3-10 Chapter 29, Education Code;
3-11 (2) proprietary school programs under Chapter 132,
3-12 Education Code;
3-13 (3) apprenticeship programs under Chapter 133,
3-14 Education Code;
3-15 (4) postsecondary vocational and technical
3-16 job-training programs that are not a part of approved courses or
3-17 programs that lead to licensing, certification, or an associate
3-18 degree under Chapters 61, 130, and 135, Education Code, Subchapter
3-19 E, Chapter 88, Education Code, and Subchapter E, Chapter 96,
3-20 Education Code;
3-21 (5) employment programs under Chapter 31, Human
3-22 Resources Code;
3-23 (6) the senior citizens employment program under
3-24 Chapter 101, Human Resources Code;
3-25 (7) the work and family policies program under Chapter
3-26 81;
3-27 (8) job-training programs funded under the Job
3-28 Training Partnership Act (29 U.S.C. Section 1501 et seq.);
3-29 (9) the job counseling program for displaced
3-30 homemakers under Chapter 304;
3-31 (10) [the Communities in Schools program under Chapter
3-32 305;]
3-33 [(11)] the reintegration of offenders program under
3-34 Chapter 306;
3-35 (11) [(12)] the inmate employment counseling program
3-36 under Section 499.051(f), Government Code;
3-37 (12) [(13)] the continuity of care program under
3-38 Section 501.095, Government Code;
3-39 (13) [(14)] a literacy program from funds available to
3-40 the state under Section 481.026, Government Code;
3-41 (14) [(15)] the employment service;
3-42 (15) [(16)] the community service program under the
3-43 National and Community Service Act of 1990 (42 U.S.C. Section 12501
3-44 et seq.);
3-45 (16) [(17)] the trade adjustment assistance program
3-46 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
3-47 2271 et seq.);
3-48 (17) [(18)] the Job Opportunities and Basic Skills
3-49 program under Part F, Subchapter IV, Social Security Act (42 U.S.C.
3-50 Section 682);
3-51 (18) [(19)] the food stamp employment and training
3-52 program authorized under 7 U.S.C. Section 2015(d); and
3-53 (19) [(20)] the functions of the State Occupational
3-54 Information Coordinating Committee.
3-55 SECTION 3. Subsection (g), Section 302.062, Labor Code, is
3-56 amended to read as follows:
3-57 (g) Block grant funding under this section does not apply
3-58 to:
3-59 (1) the work and family policies program under Chapter
3-60 81;
3-61 (2) a program under the skills development fund
3-62 created under Chapter 303;
3-63 (3) the job counseling program for displaced
3-64 homemakers under Chapter 304;
3-65 (4) the Communities In [in] Schools program under
3-66 Subchapter I, Chapter 264, Family Code, to the extent that funds
3-67 are available to the commission for that program [Chapter 305];
3-68 (5) the reintegration of offenders program under
3-69 Chapter 306;
4-1 (6) apprenticeship programs under Chapter 133,
4-2 Education Code;
4-3 (7) [the inmate employment counseling program under
4-4 Section 499.051(f), Government Code;]
4-5 [(8)] the continuity of care program under Section
4-6 501.095, Government Code;
4-7 (8) [(9)] employment programs under Chapter 31, Human
4-8 Resources Code;
4-9 (9) [(10)] the senior citizens employment program
4-10 under Chapter 101, Human Resources Code;
4-11 (10) [(11)] the programs described by Section
4-12 302.021(b)(3);
4-13 (11) [(12)] the community service program under the
4-14 National and Community Service Act of 1990 (42 U.S.C. Section 12501
4-15 et seq.);
4-16 (12) [(13)] the trade adjustment assistance program
4-17 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
4-18 2271 et seq.);
4-19 (13) [(14)] the programs to enhance the employment
4-20 opportunities of veterans; and
4-21 (14) [(15)] the functions of the State Occupational
4-22 Information Coordinating Committee.
4-23 SECTION 4. (a) On September 1, 1999:
4-24 (1) all powers, duties, functions, and activities
4-25 relating to the Communities In Schools program assigned to or
4-26 performed by the Texas Workforce Commission immediately before
4-27 September 1, 1999, are transferred to the Department of Protective
4-28 and Regulatory Services;
4-29 (2) all funds, obligations, and contracts of the Texas
4-30 Workforce Commission related to the Communities In Schools program
4-31 are transferred to the Department of Protective and Regulatory
4-32 Services for the Communities In Schools program;
4-33 (3) all property and records in the custody of the
4-34 Texas Workforce Commission related to the Communities In Schools
4-35 program and all funds appropriated by the legislature for the
4-36 Communities In Schools program are transferred to the Department of
4-37 Protective and Regulatory services for the Communities In Schools
4-38 program; and
4-39 (4) all employees of the Texas Workforce Commission
4-40 who primarily perform duties related to the Communities In Schools
4-41 program become employees of the Department of Protective and
4-42 Regulatory Services, to be assigned duties related to the
4-43 Communities In Schools program.
4-44 (b) For the 1999 and 2000 state fiscal years, the number of
4-45 employees transferred to the Department of Protective and
4-46 Regulatory Services under Subsection (a) of this section is not
4-47 included in determining the department's compliance with any
4-48 limitation on the number of full-time equivalent positions (FTEs)
4-49 imposed by the General Appropriations Act.
4-50 (c) A reference in law or administrative rule to the Texas
4-51 Workforce Commission that relates to the Communities In Schools
4-52 program means the Department of Protective and Regulatory Services.
4-53 A reference in law or administrative rule to the executive director
4-54 of the Texas Workforce Commission that relates to the Communities
4-55 In Schools program means the executive director of the Department
4-56 of Protective and Regulatory Services.
4-57 (d) A rule of the Texas Workforce Commission relating to the
4-58 Communities In Schools program continues in effect as a rule of the
4-59 Department of Protective and Regulatory Services until superseded
4-60 by rule of the Department of Protective and Regulatory Services.
4-61 The secretary of state is authorized to adopt rules as necessary to
4-62 expedite the implementation of this subsection.
4-63 SECTION 5. (a) The transfer of the Communities In Schools
4-64 program and associated powers, duties, functions, and activities
4-65 under this Act does not affect or impair any act done, any
4-66 obligation, right, order, license, permit, rule, criterion,
4-67 standard, or requirement existing, any investigation begun, or any
4-68 penalty accrued under former law, and that law remains in effect
4-69 for any action concerning those matters.
5-1 (b) An action brought or proceeding commenced before the
5-2 effective date of this Act, including a contested case or a remand
5-3 of any action or proceeding by a reviewing court, is governed by
5-4 the law and rules applicable to the action or proceeding
5-5 immediately before the effective date of this Act.
5-6 SECTION 6. This Act takes effect September 1, 1999.
5-7 SECTION 7. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.
5-12 * * * * *