Amend CSHB 3452 as follows:
(1) Strike SECTION 17 of the bill (page 14, line 6, to page
15, line 6) and substitute the following:
SECTION 17. The Texas Department of Economic Development may
not award a grant under the smart jobs fund program on or after the
effective date of this Act. The Texas Department of Economic
Development shall perform its duties under all smart jobs fund
program contracts in existence on the effective date of this Act.
(2) Add the following appropriately numbered SECTIONS and
renumber subsequent SECTIONS appropriately:
SECTION ____. Section 481.154, Government Code, is amended to
read as follows:
Sec. 481.154. FUNDING<; RAINY DAY FUND>. (a) The smart jobs
fund is established as a dedicated account in the general revenue
<special trust> fund <in the custody of the comptroller separate
and apart from all public money or funds of this state>. The fund
is composed of:
(1) money transferred into the fund under Section
204.123, Labor Code;
(2) gifts, grants, and other donations received by the
department for the fund; and
(3) any amounts appropriated by the legislature for
the program from the general revenue fund.
(b) The program is funded through the smart jobs fund.
(c) Money in the smart jobs fund may be used for program
administration, marketing expenses, and evaluation of the program.
These costs of the department in any fiscal year may not exceed the
lesser of:
(1) five percent of the total amount appropriated for
the program for that fiscal year; or
(2) $1.5 million.
(d) If money in the unemployment insurance holding fund is
insufficient to prevent the unemployment insurance trust fund from
incurring a deficit tax, the Texas Workforce Commission may
request an emergency transfer of money from the smart jobs fund for
that purpose, and upon approval of the Legislative Budget Board and
the governor, money from the smart jobs fund shall be transferred
to the Texas Workforce Commission for that purpose <The smart jobs
rainy day fund is established as a special trust fund in the
custody of the comptroller separate and apart from all public money
or funds of this state. The smart jobs rainy day fund is composed
of:>
<(1) money transferred to that fund as provided by
Section 204.123, Labor Code;>
<(2) money returned by employers or recouped by the
program under Section 481.159(d); and>
<(3) any other money received by the governing board
for deposit in that fund.>
<(e) The governing board may authorize the executive
director to use money in the smart jobs rainy day fund if:>
<(1) the governing board determines, after consulting
with the comptroller, that the smart jobs fund contains
insufficient money to cover the amounts appropriated by the
legislature to operate the program; and>
<(2) the Texas Workforce Commission has determined
that:>
<(A) the unemployment rate in this state is 125
percent of the average unemployment rate in this state during the
preceding three years; or>
<(B) a severe economic dislocation is occurring
in a specific region of this state.>
<(f) The Texas Workforce Commission by rule shall define
"severe economic dislocation" for purposes of Subsection (e). In
adopting a definition, the commission shall consider
employment-related factors, including:>
<(1) massive layoffs in a region of this state caused
by:>
<(A) the closure of military bases;>
<(B) the effect of the implementation of the
North American Free Trade Agreement;>
<(C) employer relocations; or>
<(D) other analogous situations; and>
<(2) the number of jobs lost in a region compared to
the region's usual rates of employment.>
<(g) If the governing board approves the use of money from
the smart jobs rainy day fund because of a severe economic
dislocation occurring in a specific region of the state, the
executive director may use the money allocated from the smart jobs
rainy day fund solely for projects located in the affected region.>
<(h) Notwithstanding any other provision of this section,
the total combined amount spent in any fiscal year from the smart
jobs fund and the smart jobs rainy day fund may not exceed the
amount appropriated by the legislature for that fiscal year for the
operation of the smart jobs fund program.> <(i) If,
during any three consecutive months, the balance in the smart jobs
fund or the smart jobs rainy day fund exceeds 0.15 percent of the
total taxable wages for the four calendar quarters ending the
preceding June 30, as computed under Section 204.062(c), Labor
Code, the executive director shall immediately transfer the excess
from the applicable fund to the Unemployment Compensation Fund
created under Section 203.021, Labor Code>.
SECTION ____. Section 481.161, Government Code, is amended to
read as follows:
Sec. 481.161. EXPIRATION. Sections 481.151, 481.152,
481.153, 481.155, 481.156, 481.1565, 481.157, 481.158, 481.159, and
481.160, and this section expire <This subchapter expires> December
31, 2001.