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Amend CSSB 280 (house committee printing) by adding the
following appropriately numbered SECTIONS to ARTICLE 4 of the bill
and renumbering the other SECTIONS of ARTICLE 4 of the bill
appropriately:
SECTION __. Section 2308.264, Government Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsections
(a-1), (e), and (f) to read as follows:
(a) Except as otherwise provided by this section, a [A]
board may not directly provide workforce training or one-stop
workforce [and] services.
(a-1) A board may not act as a fiscal agent for any entity
that contracts with the board to provide one-stop workforce
services.
(b) A board may request from the Texas Workforce Commission
[council] a waiver of Subsection (a).
(d) If a board receives a waiver to provide workforce
training and one-stop workforce services, the evaluation of results
and outcomes is provided by the Texas Workforce Commission
[council].
(e) The Texas Workforce Commission by rule shall establish
contracting guidelines for boards under this section, including
guidelines designed to:
(1) ensure that each independent contractor that
contracts to provide one-stop workforce services under this section
has sufficient financial security; and
(2) prevent potential conflicts of interest between
boards and entities that contract with boards under this section.
(f) The Texas Workforce Commission shall ensure that each
board complies with this section and may approve a local plan under
Section 2308.304 only if the plan complies with this section.
SECTION __. Section 2308.267(b), Government Code, is
amended to read as follows:
(b) A board's staff shall be separate from and independent
of any organization providing workforce education or workforce
training and services in the workforce development area. A board's
staff may not direct or control the staffing of any entity providing
one-stop workforce services.
SECTION __. (a) The Texas Workforce Commission shall adopt
rules as required by Section 2308.264(e), Government Code, as added
by this article, not later than March 1, 2004. Until the commission
has adopted rules as required by that section, the commission may
not approve a new local plan or contract:
(1) that uses a managing director or a professional
employment organization for the delivery of one-stop workforce
services; or
(2) under which an independent contractor provides
one-stop workforce services, unless the plan or contract requires
the independent contractor to:
(A) directly employ staff to provide one-stop
workforce services; and
(B) have direction and control over the staff
providing the one-stop workforce services, including the right to
hire, fire, discipline, and reassign the staff.
(b) Rules adopted by the Texas Workforce Commission under
Section 2308.264(e), Government Code, as added by this article,
apply to any existing local plan adopted by a local workforce
development board and any existing contract for one-stop workforce
services. If an existing commission-approved local plan or
contract that uses a managing director or a professional employment
organization for the delivery of one-stop workforce services does
not comply with the rules adopted under Section 2308.264(e),
Government Code, as added by this article, the board operating
under the plan or contract shall comply with the rules not later
than September 1, 2004, and may continue to operate under the plan
or contract until that date.