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