Amend CSSB 280 as follows:
(1) On page 14, after line 7, add new SECTION 3.071:
Subchapter C, Chapter 2308, Government Code, is amended by
amending Sections 2308.264 and 2308.267 to read as follows:
Sec. 2308.264 Contracting for Service Delivery
(a) A board may not directly provide workforce training and
services. A board may not act as a fiscal agent for any entity with
which the board contracts to provide one-stop services.
(b) When contracting for the provision of one-stop
services, a board must:
1. ensure that the contractor has fiscal controls and
fund accounting procedures in place necessary to guarantee the
proper disbursal of and accounting for federal and state funds,
2. require the contractor to guarantee sufficient
insurance, bonding, and liability coverage for the overall
financial security of workforce training and services funds and
3. ensure that all contracts involving the provision
of one-stop services, whether the board is signatory or a
third-party beneficiary, strictly comply with section 2308.267(b),
4. ensure that no contract involves the provision of
one-stop services through an independent contractor who does not
directly employ staff, have direction or control over employee
staff, or have the right to hire, fire, discipline, and reassign
staff that provide the workforce training and services. An
independent contractor is authorized to be a client of a
professional employment organization holding a license pursuant to
Chapter 91, Labor Code.
(c) A board may request from the Texas Workforce Commission
council] a waiver of the requirements of this Section [ Subsection
(d)[ (c)] The request for a waiver must include a detailed
justification based on the lack of an existing qualified
alternative for delivery of workforce training and services in the
workforce development area.
(e)[ (d)] If a board receives a waiver to provide workforce
training and services, the evaluation of results and outcomes is
provided by the Texas Workforce Commission [ council].
(f) The Texas Workforce Commission shall establish
guidelines defining the financial security sufficient to comply
with this section.
(g) The Texas Workforce Commission shall ensure that boards
are in compliance with this section and shall not approve a plan
that does not comply with this section.
Sec. 2308.267(b) and (c) are 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. Board
staff shall not direct or control the staffing of any entity
providing one-stop services.
(c) The requirement for separate staffing does not preclude
a board from designating a qualified organization to provide staff
services to the board if the board:
(1) arranges for independent evaluation of any other
workforce services provided by the staffing organization; and
(2) requests and obtains from the Texas Workforce
Commission [ council] a waiver of the separate staffing requirement
and the requirements under section 2308.264.