AN ACT
1-1 relating to the administration of certain programs for at-risk
1-2 children and their families.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 40.002, Human Resources
1-5 Code, is amended to read as follows:
1-6 (b) The department is the state agency with primary
1-7 responsibility for:
1-8 (1) providing protective services for children and
1-9 elderly and disabled persons, including investigations of alleged
1-10 abuse, neglect, or exploitation in facilities of the Texas
1-11 Department of Mental Health and Mental Retardation;
1-12 (2) providing family support and family preservation
1-13 services which respect the fundamental right of parents to control
1-14 the education and upbringing of their children; [and]
1-15 (3) regulating child-care facilities and child-care
1-16 administrators; and
1-17 (4) implementing and managing programs intended to
1-18 provide early intervention or prevent at-risk behaviors that lead
1-19 to child abuse, delinquency, running away, truancy, and dropping
1-20 out of school.
1-21 SECTION 2. Subtitle E, Title 5, Family Code, is amended by
1-22 adding Chapter 265 to read as follows:
1-23 CHAPTER 265. PREVENTION AND EARLY INTERVENTION SERVICES
1-24 Sec. 265.001. DEFINITIONS. In this chapter:
2-1 (1) "Department" means the Department of Protective
2-2 and Regulatory Services.
2-3 (2) "Division" means the prevention and early
2-4 intervention services division within the department.
2-5 (3) "Prevention and early intervention services" means
2-6 programs intended to provide early intervention or prevent at-risk
2-7 behaviors that lead to child abuse, delinquency, running away,
2-8 truancy, and dropping out of school.
2-9 Sec. 265.002. PREVENTION AND EARLY INTERVENTION SERVICES
2-10 DIVISION. The department shall operate a division to provide
2-11 services for children in at-risk situations and for the families of
2-12 those children and to achieve the consolidation of prevention and
2-13 early intervention services within the jurisdiction of a single
2-14 agency in order to avoid fragmentation and duplication of services
2-15 and to increase the accountability for the delivery and
2-16 administration of these services. The division shall be called the
2-17 prevention and early intervention services division and shall have
2-18 the following duties:
2-19 (1) to plan, develop, and administer a comprehensive
2-20 and unified delivery system of prevention and early intervention
2-21 services to children and their families in at-risk situations;
2-22 (2) to improve the responsiveness of services for
2-23 at-risk children and their families by facilitating greater
2-24 coordination and flexibility in the use of funds by state and local
2-25 service providers;
2-26 (3) to provide greater accountability for prevention
3-1 and early intervention services in order to demonstrate the impact
3-2 or public benefit of a program by adopting outcome measures; and
3-3 (4) to assist local communities in the coordination
3-4 and development of prevention and early intervention services in
3-5 order to maximize federal, state, and local resources.
3-6 Sec. 265.003. CONSOLIDATION OF PROGRAMS. (a) In order to
3-7 implement the duties provided in Section 265.002, the department
3-8 shall consolidate into the division programs with the goal of
3-9 providing early intervention or prevention of at-risk behavior that
3-10 leads to child abuse, delinquency, running away, truancy, and
3-11 dropping out of school.
3-12 (b) The division may provide additional prevention and early
3-13 intervention services in accordance with Section 265.002.
3-14 SECTION 3. Chapter 305, Labor Code, is transferred to
3-15 Chapter 264, Family Code, is redesignated as Subchapter I, Chapter
3-16 264, Family Code, and is amended to read as follows:
3-17 SUBCHAPTER I [CHAPTER 305]. COMMUNITIES IN SCHOOLS PROGRAM
3-18 [SUBCHAPTER A. GENERAL PROVISIONS]
3-19 Sec. 264.751 [305.001]. Definitions. In this subchapter
3-20 [chapter]:
3-21 (1) "Agency" means the Texas Education Agency.
3-22 (2) "Communities In [in] Schools program" means an
3-23 exemplary youth dropout prevention program.
3-24 (3) "Delinquent conduct" has the meaning assigned by
3-25 Section 51.03.
3-26 (4) "Student at risk of dropping out of school" has
4-1 the meaning assigned by Section 29.081, Education Code, or means a
4-2 student who is eligible for a free or reduced lunch or is in family
4-3 conflict or crisis.
4-4 Sec. 264.752 [305.002]. Statewide Operation of Program. It
4-5 is the intent of the legislature that the Communities In [in]
4-6 Schools program operate throughout this state. It is also the
4-7 intent of the legislature that programs established under Chapter
4-8 305, Labor Code, and its predecessor statute, the Texas
4-9 Unemployment Compensation Act (Article 5221b-9d, Vernon's Texas
4-10 Civil Statutes), and programs established under this subchapter
4-11 shall remain eligible to participate in the Communities In Schools
4-12 program if funds are available and if their performance meets the
4-13 criteria established by the department for renewal of their
4-14 contracts.
4-15 [SUBCHAPTER B. OPERATION OF PROGRAM]
4-16 Sec. 264.753 [305.011]. STATE DIRECTOR [COORDINATOR]. The
4-17 executive director of the department shall designate [appoint] a
4-18 state director [coordinator] for the Communities In [in] Schools
4-19 program.
4-20 Sec. 264.754 [305.012]. DUTIES OF STATE DIRECTOR
4-21 [COORDINATOR]. The state director [coordinator] shall:
4-22 (1) coordinate the efforts of the Communities In
4-23 Schools program with other social service organizations and
4-24 agencies and with [of] public school personnel to provide services
4-25 to students who are at risk of dropping out of school or engaging
4-26 in delinquent conduct, including students who are in family
5-1 conflict or emotional crisis;
5-2 (2) set standards for the Communities In [in] Schools
5-3 program and establish state performance goals, objectives, and
5-4 measures for the program;
5-5 (3) obtain information [from each participating school
5-6 district] to determine accomplishment of state performance goals,
5-7 objectives, and measures [necessary program changes];
5-8 (4) promote and market the program in communities in
5-9 which the program is not established;
5-10 (5) help communities that want to participate in the
5-11 program establish a local funding base; and
5-12 (6) provide training and technical assistance [train a
5-13 program director] for [each] participating communities and programs
5-14 [community].
5-15 Sec. 264.755 [305.013]. Agency Cooperation; Memorandum of
5-16 Understanding. (a) The agency, [and] the department, and
5-17 Communities In Schools, Inc. [commission] shall work together to
5-18 maximize the effectiveness of the Communities In [in] Schools
5-19 program.
5-20 (b) The agency and the department [commission] shall develop
5-21 and mutually agree to a memorandum of understanding to clearly
5-22 define the responsibilities of the [each] agency and of the
5-23 department under this subchapter [chapter]. The memorandum must
5-24 address:
5-25 (1) the role of the department [commission] in
5-26 encouraging local business to participate in local Communities In
6-1 [in] Schools programs;
6-2 (2) the role of the agency in obtaining information
6-3 from participating school districts;
6-4 (3) the use of federal or state funds available to the
6-5 agency or the department [commission] for programs of this nature;
6-6 and
6-7 (4) other areas identified by the agency and the
6-8 department [commission] that require clarification.
6-9 (c) The agency and the department [commission] shall adopt
6-10 rules to implement the memorandum and shall update the memorandum
6-11 and rules annually.
6-12 [SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS]
6-13 Sec. 264.756 [305.021]. FUNDING; EXPANSION OF PARTICIPATION
6-14 [DESIGNATION OF PARTICIPATING SCHOOLS]. (a) The department
6-15 [(b) To determine participation in the second year of the 1996-97
6-16 state fiscal biennium and subsequently, the state coordinator]
6-17 shall develop and implement an equitable [a] formula for the
6-18 funding of local Communities In [in] Schools programs. The formula
6-19 may provide for the reduction of [campuses that reduces, over a
6-20 five-year period beginning September 1, 1996, the] funds annually
6-21 contributed by the state to a local program by an amount not more
6-22 [less] than 50 percent of the amount contributed by the state for
6-23 [funding of the program in] the first year of the program [1996-97
6-24 state fiscal biennium]. The formula must consider the financial
6-25 resources of individual communities and school districts. Savings
6-26 accomplished through the implementation of the formula may be used
7-1 to extend services to [participation in the program to additional
7-2 campuses in] counties [or cities that are participating in the
7-3 program] and municipalities currently not served by a local [to
7-4 campuses in counties and cities that have not previously
7-5 participated in the] program or to extend services to counties and
7-6 municipalities currently served by an existing local program.
7-7 (b) [(c)] Each local Communities In [in] Schools program
7-8 shall develop a [five-year] funding plan [for campuses located in
7-9 the county or city that participate in the program under] which
7-10 ensures that the level [levels] of services is [service to those
7-11 campuses are] maintained if [as the proportion of] state funding is
7-12 reduced.
7-13 (c) [(d)] A local Communities In [in] Schools program may
7-14 accept federal funds, state funds, private contributions, grants,
7-15 and public and school district funds to support a campus
7-16 participating in the program.
7-17 Sec. 264.757 [305.022]. Participation in Program. An
7-18 elementary or secondary school designated under Section 264.756
7-19 [305.021] shall participate in a local [the] Communities In [in]
7-20 Schools program if the number of students enrolled in the school
7-21 who are at risk of dropping out of school is equal to at least 10
7-22 percent of the number of students in average daily attendance at
7-23 the school, as determined by the agency.
7-24 [SUBCHAPTER D. PROGRAM FUNDING]
7-25 Sec. 264.758 [305.031]. Donations to Program. (a) The
7-26 department [commission] may accept a donation of services or money
8-1 or other property that the department [commission] determines
8-2 furthers the lawful objectives of the department [commission] in
8-3 connection with the Communities In [in] Schools program.
8-4 (b) Each [Donations must be accepted in an open meeting by a
8-5 majority of the voting members of the commission. The] donation,
8-6 with the name of the donor and the purpose of the donation, must be
8-7 reported in the public records of the department [commission].
8-8 SECTION 4. Subsection (a), Section 302.021, Labor Code, is
8-9 amended to read as follows:
8-10 (a) The following job-training, employment, and
8-11 employment-related educational programs and functions are
8-12 consolidated under the authority of the division:
8-13 (1) adult education programs under Subchapter H,
8-14 Chapter 29, Education Code;
8-15 (2) proprietary school programs under Chapter 132,
8-16 Education Code;
8-17 (3) apprenticeship programs under Chapter 133,
8-18 Education Code;
8-19 (4) postsecondary vocational and technical
8-20 job-training programs that are not a part of approved courses or
8-21 programs that lead to licensing, certification, or an associate
8-22 degree under Chapters 61, 130, and 135, Education Code, Subchapter
8-23 E, Chapter 88, Education Code, and Subchapter E, Chapter 96,
8-24 Education Code;
8-25 (5) employment programs under Chapter 31, Human
8-26 Resources Code;
9-1 (6) the senior citizens employment program under
9-2 Chapter 101, Human Resources Code;
9-3 (7) the work and family policies program under Chapter
9-4 81;
9-5 (8) job-training programs funded under the Job
9-6 Training Partnership Act (29 U.S.C. Section 1501 et seq.) and under
9-7 the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et
9-8 seq.);
9-9 (9) the job counseling program for displaced
9-10 homemakers under Chapter 304;
9-11 (10) [the Communities in Schools program under Chapter
9-12 305;]
9-13 [(11)] the reintegration of offenders program under
9-14 Chapter 306;
9-15 (11) [(12)] the inmate employment counseling program
9-16 under Section 499.051(f), Government Code;
9-17 (12) [(13)] the continuity of care program under
9-18 Section 501.095, Government Code;
9-19 (13) [(14)] a literacy program from state, local,
9-20 federal, and private funds available to the state for that purpose
9-21 [under Section 481.026, Government Code];
9-22 (14) [(15)] the employment service;
9-23 (15) [(16)] the community service program under the
9-24 National and Community Service Act of 1990 (42 U.S.C. Section 12501
9-25 et seq.);
9-26 (16) [(17)] the trade adjustment assistance program
10-1 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
10-2 2271 et seq.);
10-3 (17) education, employment, employment support,
10-4 training services, activities and programs funded under Temporary
10-5 Assistance for Needy Families (42 U.S.C. Section 601 et seq.)
10-6 [(18) the Job Opportunities and Basic Skills program under Part F,
10-7 Subchapter IV, Social Security Act (42 U.S.C. Section 682)];
10-8 (18) [(19)] the food stamp employment and training
10-9 program authorized under 7 U.S.C. Section 2015(d); and
10-10 (19) [(20)] the functions of the State Occupational
10-11 Information Coordinating Committee.
10-12 SECTION 5. Subsection (g), Section 302.062, Labor Code, is
10-13 amended to read as follows:
10-14 (g) Block grant funding under this section does not apply
10-15 to:
10-16 (1) the work and family policies program under Chapter
10-17 81;
10-18 (2) a program under the skills development fund
10-19 created under Chapter 303;
10-20 (3) the job counseling program for displaced
10-21 homemakers under Chapter 304;
10-22 (4) the Communities In [in] Schools program under
10-23 Subchapter I, Chapter 264, Family Code, to the extent that funds
10-24 are available to the commission for that program [Chapter 305];
10-25 (5) the reintegration of offenders program under
10-26 Chapter 306;
11-1 (6) apprenticeship programs under Chapter 133,
11-2 Education Code;
11-3 (7) [the inmate employment counseling program under
11-4 Section 499.051(f), Government Code;]
11-5 [(8)] the continuity of care program under Section
11-6 501.095, Government Code;
11-7 (8) [(9)] employment programs under Chapter 31, Human
11-8 Resources Code;
11-9 (9) [(10)] the senior citizens employment program
11-10 under Chapter 101, Human Resources Code;
11-11 (10) [(11)] the programs described by Section
11-12 302.021(b)(3);
11-13 (11) [(12)] the community service program under the
11-14 National and Community Service Act of 1990 (42 U.S.C. Section 12501
11-15 et seq.);
11-16 (12) [(13)] the trade adjustment assistance program
11-17 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
11-18 2271 et seq.);
11-19 (13) [(14)] the programs to enhance the employment
11-20 opportunities of veterans; and
11-21 (14) [(15)] the functions of the State Occupational
11-22 Information Coordinating Committee.
11-23 SECTION 6. (a) On the effective date of this Act, the
11-24 following programs are transferred from the agencies indicated to
11-25 the Department of Protective and Regulatory Services to be
11-26 administered by the prevention and early intervention services
12-1 division of the department as provided by Chapter 265, Family Code,
12-2 as added by this Act:
12-3 (1) from the Texas Department of Mental Health and
12-4 Mental Retardation: the Parents as Teachers program;
12-5 (2) from the Texas Education Agency and the Texas
12-6 Workforce Commission: the Communities In Schools program; and
12-7 (3) from the Texas Juvenile Probation Commission: the
12-8 Buffalo Soldier Heritage program.
12-9 (b) On September 1, 1999, any powers, duties, obligations,
12-10 rights, contracts, records, employees, property, funds, and
12-11 appropriations of an agency program listed under Subsection (a) of
12-12 this section are transferred to the Department of Protective and
12-13 Regulatory Services.
12-14 (c) The employees of the services for at-risk youth program
12-15 and the community youth development grant program administered by
12-16 the Department of Protective and Regulatory Services are
12-17 transferred to the prevention and early intervention services
12-18 division of the Department of Protective and Regulatory Services.
12-19 (d) For the 1999 and 2000 state fiscal years, the number of
12-20 employees transferred to the Department of Protective and
12-21 Regulatory Services under Subsection (b) of this section is not
12-22 included in determining the department's compliance with any
12-23 limitation on the number of full-time equivalent positions (FTEs)
12-24 imposed by the General Appropriations Act.
12-25 (e) A reference in law or administrative rule to any agency
12-26 listed in Subsection (a) of this section that relates to a program
13-1 transferred under that subsection means the Department of
13-2 Protective and Regulatory Services. A reference in law or
13-3 administrative rule to an executive officer of an agency listed
13-4 under Subsection (a) of this section that relates to a program
13-5 transferred under that subsection means the executive director of
13-6 the Department of Protective and Regulatory Services.
13-7 (f) A rule of an agency listed in Subsection (a) of this
13-8 section relating to a program transferred under that subsection
13-9 continues in effect as a rule of the agency until superseded by a
13-10 rule of the Department of Protective and Regulatory Services. The
13-11 secretary of state is authorized to adopt rules as necessary to
13-12 expedite the implementation of this subsection.
13-13 (g) The transfer of the programs listed in Subsection (a) of
13-14 this section and associated powers, duties, functions, and
13-15 activities under this Act does not affect or impair any act done,
13-16 any obligation, right, order, license, permit, rule, criterion,
13-17 standard, or requirement existing, any investigation begun, or any
13-18 penalty accrued under former law, and that law remains in effect
13-19 for any action concerning those matters.
13-20 (h) An action brought or proceeding commenced before the
13-21 effective date of this Act, including a contested case or a remand
13-22 of any action or proceeding by a reviewing court, is governed by
13-23 the law and rules applicable to the action or proceeding
13-24 immediately before the effective date of this Act.
13-25 SECTION 7. This Act takes effect September 1, 1999.
13-26 SECTION 8. The importance of this legislation and the
14-1 crowded condition of the calendars in both houses create an
14-2 emergency and an imperative public necessity that the
14-3 constitutional rule requiring bills to be read on three several
14-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1574 passed the Senate on
April 12, 1999, by a viva-voce vote; and that the Senate concurred
in House amendment on May 18, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1574 passed the House, with
amendment, on May 11, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor