C.S.H.B. 2171 78(R)    BILL ANALYSIS


C.S.H.B. 2171
By: Solomons
Economic Development
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Council on Workforce and Economic Competitiveness (the Council)
was established in 1993.  The Council's key duties include strategic
planning for the integration of system-wide workforce services, evaluating
the workforce development system, and producing research reports for the
Office of the Governor and the Legislature.  The Council also serves as
the federally required State Workforce Investment Board under the federal
Workforce Investment Act of 1998.  The Council is subject to the Sunset
Act and will be abolished on September 1, 2003, unless continued by the
Legislature.  CSHB 2171 provides for the continuation of the Council,
renaming it the Texas Workforce Investment Council, and contains changes
recommended by the Sunset Advisory Commission.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

CSHB 2171 amends the Government Code, to rename the Workforce and Economic
Competitiveness Act as the Workforce Investment Act. 

CSHB 2171 amends the Government Code, to change a citation of the
Workforce and Economic Competitiveness Act to the Workforce Investment
Act. 

CSHB 2171 amends the Government Code, to change the Texas Council on
Workforce and Economic Competitiveness' name to the Texas Workforce
Investment Council (the Council).  

CSHB 2171 amends the Government Code, to update the Council's Sunset date
to September 1, 2015, which provides for the standard 12-year period, and
to change the Council's name. 

CSHB 2171 amends the Government Code, to replace reference to "effective
date" with the actual date certain, September 1, 1999, for a section of
statute added by HB 3431 (76th Legislature), and to change the Council's
name. 

CSHB 2171 amends the Government Code, to reduce the number of Council
members from 20 to 19 by eliminating one of the two representatives of
community-based organizations, to meet Texas Constitutional requirements
that boards and commissions have odd-numbered members.  Designates the
executive agency head, rather than the board chairs, of the Texas
Education Agency, the Texas Higher Education Coordinating Board, the Texas
Department of Human Services, the Texas Department of Economic
Development, and the Texas Workforce Commission, to represent their
agencies as ex officio members of the Council.  Adds new Subsection (e),
adding standard Sunset language requiring non-discriminatory appointments
to the Council. 

CSHB 2171 amends the Government Code, to update standard Sunset language
giving the Governor authority to designate the Council's presiding officer
to serve at the pleasure of the Governor. 

CSHB 2171 amends the Government Code, to specify that the terms of
approximately one-third of Council members who are not ex officio members
expire in each odd-numbered year. 
 
CSHB 2171 amends the Government Code, to update standard Sunset language
specifying the grounds for removing a Council member, and requirements for
notification of a potential ground for removal. 

CSHB 2171 amends the Government Code, to add standard Sunset language
requiring members of the Council to complete training before assuming
their duties, modified to not require the Council to reimburse travel
expenses.  Updates standard Sunset language requiring the executive
director to inform Council members and employees of the qualifications and
responsibilities for office. 

CSHB 2171 provides that of the positions on the Council filled by a member
representing community-based organizations, the position of the member
whose term on the Council is next scheduled to expire is abolished on
September 1, 2003.  If two members who represent communitybased
organizations have terms that are next scheduled to expire, one of the
positions is abolished on September 1, 2003.  On or before that date, both
members must decide which of the positions shall be abolished and inform
the Council's presiding officer of the decision. 

CSHB 2171 provides that, as soon as practicable after the effective date
of the Act, the ex officio members of the Council as described by Section
2308.052(b) must begin to serve on the Council. 

CSHB 2171 provides that changes made to prohibitions or qualifications of
Council members apply to members appointed on or after September 1, 2003.

CSHB 2171 amends the Government Code, to add Subsection (c) which is
standard Sunset language requiring the Council to separate its
policymaking duties from the agency's management functions. Adds standard
Sunset language requiring the Council to give the public a reasonable
opportunity to present issues under the Council's jurisdiction.   

CSHB 2171 amends the Government Code, to add Section 2308.1015, requiring
the Council to evaluate duplication or gaps in services, or other problems
affecting the delivery of services, and facilitate the seamless delivery
of integrated workforce services across programs administered by member
agencies. Requires the Council to develop immediate and long-range
strategies to address identified problems.  Requires the Council to
identify each agency on the Council responsible for implementing these
strategies and include time frames for implementation.  Requires the
Council to include a list of specific problems to be resolved each year,
and report on the results of such efforts annually to the Governor and the
Legislature.   

CSHB 2171 amends the Government Code, to delete certain obsolete Council
duties no longer required under federal law, or under federal laws that
have been repealed. 

CSHB 2171 amends the Government Code, to add Section Subsection (h)
requiring the Council to include in its strategic plan the long-range
strategies developed under Section 2308.1015. 

CSHB 2171 amends the Government Code, to add Sections 2308.107 and
2308.108, which is standard Sunset language requiring the Council to
maintain information on written complaints and notify the parties about
policies for and status of complaints.  Adds standard Sunset language
requiring the Council to make effective use of technology in its delivery
of services and provision of information to the public.  

CSHB 2171 amends the Government Code, to add Section 2308.159, which is
standard Sunset language requiring the Council to inform employees about
the State Employee Incentive Program. 

CSHB 2171 provides that the Council must develop policies separating the
policy-making responsibilities of the Council's members, to make effective
use of technology in its delivery of services, provide the public a
reasonable opportunity to appear before the Council, and inform employees
about the State Employee Incentive Program no later than February 1, 2004.
Specifies that the Council must evaluate duplication or gaps in services
and facilitate the seamless delivery of integrated workforce services,
develop immediate and long-range strategies to address identified
problems, identify the duties of each of the member agencies in
implementing strategies, and include in its strategic plan long-range
strategies to address seamless service delivery, no later than February
1, 2004. 

CSHB 2171 provides that requirements relating to maintaining complaint
files, providing complaint policies, and notification of complaint status
applies only to a written complaint filed on or after the effective date
of this Act, September 1, 2003. 

CSHB 2171 amends the Government Code, to make conforming change specifying
that the funding formula for the evaluation system established by the
Council refers to the evaluation system transferred to the Texas Workforce
Commission in SECTION 4.03. 

CSHB 2171 amends the Labor Code, by transferring language from Section
2308, Government Code, to a new Subchapter E, Labor Code, and modifying
that language to require the Texas Workforce Commission, rather than the
Council, to maintain an automated follow-up and evaluation system.
Maintains language transferred from the Government Code, requiring each
state agency on the Council to provide information to support the
follow-up and evaluation system, and authorizing the Texas Workforce
Commission to request placement, employment and earnings information from
appropriate sources.  Modifies the language transferred from the
Government Code to require the Texas Workforce Commission, rather than the
Council, to provide analysis, by occupations and training provider, of
each workforce program over one, three, and five-year periods and post
this information on the Commission's website.  Maintains language
transferred from the Government Code, requiring the Texas Higher Education
Coordinating Board to use job placement information to evaluate the
effectiveness of workforce education, requires the Council and local
workforce development boards to use information developed under the
Subchapter to determine the effectiveness of workforce services and
programs, and requires the automated follow-up and evaluation system be
used to assist the Texas Workforce Commission, the Council, local
workforce development boards, and others to evaluate the effectiveness of
workforce development in the state. 

CSHB 2171 requires the Council to complete the transfer of all records and
information relating to the follow-up system to the Texas Workforce
Commission as soon as practicable after the bill's effective date of
September 1, 2003. 

CSHB 2171 amends the Government Code to repeal obsolete statutes in the
Chapter 2308 that were moved to the Labor Code, as part of the transfer of
the automated follow-up and evaluation system from the Council to the
Texas Workforce Commission. 

CSHB 2171 amends the Education Code, to make conforming changes.

CSHB 2171 amends the Government Code, to make conforming name changes.

CSHB 2171 amends the Human Resources Code, to make a conforming change.

CSHB 2171 amends the Labor Code, to make conforming changes.

CSHB 2171 amends the Tax Code, to make a conforming name change.

CSHB 2171 provides that Legislative appropriations made to the Council on
Workforce and Economic Competitiveness are for the use of the Texas
Workforce Investment Council.   

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2171 modifies the original by removing one Council member
representing communitybased organizations to reduce the Council's
membership from 20 to 19 to comply with the Texas constitutional
requirement for boards and commissions to be odd-numbered. 

The substitute clarifies that the follow-up and evaluation system being
transferred to the Texas  Workforce Commission is also for use by the
Texas Workforce Commission. 

The substitute deletes certain obsolete Council duties no longer required
under federal law, or under federal laws that have been repealed.