SRC-VRA S.B. 280 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 280
78R911 KSD-DBy: Nelson
Government Organization
4/1/2003
As Filed


This analysis utilizes the Texas Sunset Advisory Commission analysis of S.
B. 280 relating to the continuation and functions of the Texas Workforce
Commission.  


BACKGROUND AND PURPOSE 
The Texas Workforce Commission (TWC) was created in 1995 by the 74th Texas
Legislature to merge employment and training programs from 10 agencies
into a single, locally-controlled workforce system.  TWC's two key
functions are overseeing employment and job training services provided
through local workforce development boards, and operating the state's
unemployment insurance system. TWC is subject to the Sunset Act and will
be abolished on September 1, 2003, unless continued by the legislature.
As a result of its review of TWC, the Sunset Advisory Commission
recommended continuation of the agency and several statutory modifications
that are contained in this legislation. 

RULEMAKING AUTHORITY
Rulemaking authority is expressly delegated to TWC in SECTION 4.02
(Section 302.048, Labor Code); SECTION 7.03 (Section 132.306, Education
Code); and SECTION 9.16 (Section 31.028 (b), Human Resources Code) of this
bill.  In addition, under the general rulemaking authority already granted
to the policymaking body, rules may be developed to implement other new
provisions found in this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.01.  Amends Section 301.001(d), Subdivisions (1) and (2), Labor
Code, and adds Subdivision (2-a), to define "chair," "commission,"
"commissioners," and clarify a distinction between the duties of the Texas
Workforce Commission (TWC), meaning the agency as a whole; and the duties
of the commissioners, meaning the three full-time commissioners, acting as
the governing body of the agency.  

SECTION 1.02.  Amends Section 301.001, Labor Code, by adding Subsection
(e),  to clarify a distinction between the duties of the Texas Workforce
Commission (TWC), meaning the agency as a whole; and the duties of the
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

SECTION 1.03.  Amends Section 301.008, Labor Code, to update the Texas
Workforce Commission's Sunset date to September 1, 2009. 

SECTION 2.01.  Amends Section 301.002, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 2.02.  Amends Section 301.003, Labor Code, to update standard
Sunset language to prohibit commissioners, high-level employees, and
spouses from serving as an officer or employee of a related Texas trade
association.  Clarifies a distinction between the duties of TWC, meaning
the agency as a whole; and the duties of the commissioners, meaning the
three full-time commissioners, acting as the governing body of the agency.
Modifies standard Sunset language to prohibit a person from serving as a
commissioner if the person or the person's spouse has certain ties to the
agency or an industry regulated by the agency. 

SECTION 2.03.  Amends Section 301.004, Labor Code, to update standard
Sunset language to prohibit a commissioner or the agency's general counsel
from being registered as a lobbyist related  to the operations of the
agency.  Clarifies a distinction between TWC, meaning the agency as a
whole; and the commissioners, meaning the three full-time commissioners,
acting as the governing body of the agency. 

SECTION 2.04.  Amends Section 301.006, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  Updates
standard Sunset language to clarify that the chair serves in that capacity
at the pleasure of the governor.   

SECTION 2.05.  Amends Section 301.007, Labor Code, to update standard
Sunset language to specify the grounds for removing a commissioner.
Clarifies a distinction between the duties of TWC, meaning the agency as a
whole; and the duties of the commissioners, meaning the three fulltime
commissioners, acting as the governing body of the agency. 

SECTION 2.06.  Amends, Chapter 301A, Labor Code, by adding Section
301.0075, to add standard Sunset language to require commissioners to
complete training before assuming their duties.  

SECTION 2.07.  Specifies that the changes to commissioner qualifications
and prohibitions apply only to a commissioner appointed on or after
September 1, 2003.     

SECTION 3.01.  Amends Section 301.023, Labor Code, to update standard
Sunset language requiring TWC to maintain information on written
complaints and notify the parties about policies for and status of
complaints. 

SECTION 3.02.  Amends Section 301.043, Labor Code, to update standard
Sunset language requiring the executive director to inform commissioners
and employees of the qualifications and responsibilities for office. 

SECTION 3.03.  Amends Section 301.045 (a) and (b), Labor Code, to add
Subsection (a-1), to update standard Sunset language requiring TWC to have
a current equal employment opportunity policy. 

SECTION 3.04.  Amends Chapter 301C, Labor Code, by adding Sections 301.046
and 301.047, to add standard Sunset language requiring the executive
director to inform employees about the State Employee Incentive Program.
Clarifies that employees of TWC are directly accountable to the executive
director. 

SECTION 3.05.  Amends Section 301.061, Labor Code, to add standard Sunset
language requiring the commissioners to develop and adopt rules that
clearly separate the policymaking responsibilities of the commissioners
and the management responsibilities of the TWC executive director and
staff. Specifies that the commissioners shall hold the executive director
accountable for implementing the commissioners' policies, and that the
executive director shall hold commission staff accountable for the staff's
performance of its duties.  Adds standard Sunset language requiring the
commissioners to give the public a reasonable opportunity to present
issues under TWC's jurisdiction. 

SECTION 3.06.  Amends Chapter 301D, Labor Code, by adding Sections
301.0611, 301.0681, 301.0682, and 301.069, to specify that The
commissioners may issue a directive to commission staff only if the
directive is approved by a majority vote of The commissioners and is
conveyed to staff by the executive director.  Adds standard Sunset
language requiring TWC to make effective use of technology in its delivery
of services and provision of information to the public.  Adds standard
Sunset language requiring The commissioners to develop a policy that
encourages the use of negotiated rulemaking and alternative dispute
resolution, with exceptions for unemployment, wage claim, and child labor
proceedings.  Requires TWC to partner with the business community to
better meet the needs of businesses and to equip job seekers with the
skills required to compete for jobs. Requires TWC to identify key
industries, skills needs and employment opportunities, and requires TWC to
develop services and programs that promote the development of skills in
job seekers and workers. Requires TWC to support the business and
community economic development activities of the local boards and the
State. 

SECTION 3.07.  Specifies that changes to TWC's written complaint and
notification policy apply only to written complaints filed on or after the
effective date of the bill, September 1, 2003. 

 SECTION 3.08.  Specifies that TWC must implement an equal employment
opportunity policy, make effective use of technology, develop a policy
that encourages the use of negotiated rulemaking, and partner with the
business community not later than February 1, 2004. 

SECTION 4.01.  Amends Chapter 302A, Labor Code, by adding Sections
302.0042, 302.0043, and 302.013, to require TWC to conduct an annual
evaluation of child care allocation formulas to ensure that local child
care needs and costs are reflected in the formulas.  Specifies that the
evaluation assess each local workforce board area's use of current
allocations, ability to meet performance measures, general cost of care in
the area, poverty rate relative to state poverty rate, and other factors.
Requires TWC to track employment-related outcomes of parents receiving
subsidized child care, including whether parents who receive child care
get and keep jobs, whether their earnings increase, how long parents
receive care, and the reasons parents leave care.  Establishes a
ninemember Local Workforce Board Advisory Committee to advise TWC on the
programs, policies, and rules that affect the boards and local workforce
operations. Requires the executive committee of the Workforce Leadership
of Texas (WLT) to appoint the committee members, consisting of nine
representatives from WLT. 

SECTION 4.02.  Amends Chapter 302C, Labor Code, by adding Section 302.048,
to require TWC to develop, by rule, criteria to assess local workforce
development boards' overall capacity to administer and oversee local funds
and services. Requires TWC to publish the results of how well each board
is doing in meeting these criteria on the agency's Web site.  Requires TWC
to develop a set of performance measures to evaluate how well local
workforce development boards, and individual local workforce centers, are
performing, and make that information available to the public on the
agency's Web site. 

SECTION 4.03.  Amends Chapter 302D, Labor Code, by adding Section 302.065,
to require TWC and local workforce development boards to streamline the
delivery of services in  local career development centers by integrating
state-level administration of federal workforce programs, and associated
caseworker functions.  Requires each local career development center that
provides the programs to provide integrated eligibility determination and
case management through a single caseworker for services under any of the
programs.  

SECTION 4.04.  Requires The commissioners to adopt rules establishing
criteria to evaluate local workforce development boards not later than May
1, 2004. 

SECTION 4.05.  Requires TWC to assess local workforce development boards'
overall capacity to administer and oversee local funds and services, and
implement service integration in local career development centers, not
later than September 1, 2004. 

SECTION 4.06.  Requires TWC to implement an evaluation of child care
allocation formulas and employment outcomes of parents receiving
subsidized child care, as soon as possible after the effective date of the
bill, September 1, 2003. 

SECTION 4.07.  Requires TWC, by September 1, 2004, to conduct a review of
its programs, policies, procedures, and organizational structure to
identify barriers to service integration; conduct three to five pilot
projects in different local workforce board areas to identify best methods
to integrate services; and modify and develop TWC's programs, policies,
procedures, and organizational structure to support service integration.
Allows TWC to request a waiver from federal requirements to implement
service integration.  Requires TWC to submit a report by January 15, 2005,
to the 79th Legislature regarding the results of the pilot projects. 

SECTION 5.01.  Amends Chapter 301, Labor Code, by adding Subchapter I, to
require the Texas Education Agency (TEA) and TWC to improve the
coordination and implementation of adult education and literacy services.
Requires TWC, under contract with TEA, to develop a workplace literacy and
basic skills curriculum.  Requires TWC to evaluate existing efforts and
potential cost savings resulting from such a curriculum; contract for
development assistance; target up to five industry sectors that would
benefit; pilot test the curriculum in those industry sectors; and develop
appropriate credentials associated with the curriculum.  This section
expires September 1, 2005. 

SECTION 5.02.  Amends Section 302.021(a), Labor Code, to make technical
changes to delete an incorrect reference to adult education programs that
were not consolidated at TWC, and to remove outdated language referring to
the Job Training Partnership Act.  Changes reference to the words
"proprietary schools" to "career schools and colleges."  

SECTION 5.03.  Amends Section 29.252, Subsection (a), Education Code, by
adding Subsection (a1), to require TEA to collaborate with TWC to improve
the coordination and implementation of adult education and literacy
services, and to monitor and evaluate educational and employment outcomes
of students who participate in TEA adult education and literacy programs.
Requires TEA to use existing funds to contract with TWC for the
development of a workplace literacy and basic skills curriculum.  The
requirement for TEA to contract with TWC for a curriculum expire September
1, 2005. 

SECTION 5.04.  Amends Chapter 2308C, Government Code, by adding Section
2308.1016, to require the Texas Council on Workforce and Economic
Competitiveness ( council) to evaluate adult education and literacy
programs at the Texas Education Agency (TEA) and TWC, to identify any
problems, including any duplication of planning and lack of client
information sharing.  Requires the council to develop and implement
immediate and long-term strategies for improving any problems affecting
the delivery of services.  Requires the council to develop a system to
monitor and evaluate the employment outcomes of participants in
TEA-administered adult education and literacy programs.  Requires the
council to report to the governor and the legislature problems identified,
and the result of measures taken to address them.  Requires the council to
identify the agency responsible for implementing each strategy, and a
schedule for implementation. 

SECTION 5.05.  Amends Section 2308.104, Government Code, by adding
Subsection (i), to require the council to include any long-term strategies
for improving the delivery of adult education and literacy services in its
strategic plan. 

SECTION 5.06.  Requires TWC to collaborate with TEA to improve the
coordination and implementation of adult education and literacy as soon as
possible after the effective date of the bill, September 1, 2003.  

SECTION 5.07.  Requires TWC, under contract with TEA, to develop a
workplace literacy and basic skills curriculum by February 1, 2004. 

SECTION 5.08.  Requires TEA, as soon as possible after the effective date
of the bill, September 1, 2003, to collaborate with TWC to improve the
coordination and implementation of adult education and literacy, and to
contract with TWC to implement a workplace literacy and basic skills
curriculum. 

SECTION 5.09.  Requires the council, by February 1, 2004, to develop
long-range strategies to facilitate delivery of adult education and
literacy services, and include them in the council's strategic plan. 

SECTION 6.01.  Amends Section 204.084 (c), Labor Code, and adds Subsection
(d), to authorize TWC to deny a partial transfer of unemployment
compensation experience if TWC determines the acquisition or
reorganization was done solely to qualify for a reduced tax rate by
circumventing the experience rating system or eliminating chargebacks.
Establishes a one-year time limit for employers to file an application for
a partial transfer due to an acquisition or reorganization.  Prohibits
partial transfers for part of an organization, trade, or business that
cannot operate independently.  The part of the business being transferred
would have to be a stand-alone part of the business, able to operate on
its own, and not be just a few select employees or a particular division
of the business. 

SECTION 6.02.  Specifies that changes to requirements for partial
transfers of unemployment compensation experience apply only to an
acquisition of an organization, trade, or business that occurs on or after
the effective date of the bill, September 1, 2003. 

SECTION 7.01.  Amends Chapter 132A, Education Code, by adding Section
132.0015, to change all references to the words "proprietary schools" to
mean "career schools and colleges" in this code or another law. 

SECTION 7.02.  Amends Section 132.061, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  Clarifies that a closing proprietary school must make full
refunds to students, and that each officer, director, and owner of a
career school is personally liable for the amount of any refund owed.  
 
SECTION 7.03.  Amends Chapter 132, Education Code, by adding Subchapter J,
to authorize TWC to issue a cease-and-desist order to bring an unlicensed
proprietary school into compliance with state law.  Only schools that fail
to respond to the cease-and-desist order would be referred to the Consumer
Protection Division of the Office of the Attorney General for further
action.  Requires TWC to adopt rules as necessary to implement the
changes. 

SECTION 7.04.  Amends Section 132.241 (a), (b), (d), and (e), Education
Code, and adds Subsections (f) and (g), to change all references to the
words "proprietary schools" to "career schools and colleges."  Increases
the amount that triggers the replenishment of the proprietary school
Tuition Protection Fund (TPF) from $200,000 to $400,000.  Increases the
ceiling on the TPF from $250,000 to $500,000 by September 1, 2005.
Clarifies that refunds from the TPF depend on available funding, and that
students might not receive a full refund of prepaid tuition from TWC if a
proprietary school closes. Outlines the factors TWC can take into
consideration if paying full student refunds is not possible. 

SECTION 7.05.  Amends Section 132.242, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  Increases from $50,000 to $150,000 the amount that can be
spent per school closure from the Tuition Protection Fund. 

SECTION 7.06.  Amends Section 52.32(b), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."   

SECTION 7.07.  Amends Section 53.02(5), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.08.  Amends Section 54.6001, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.09.  Amends Section 54.601(9), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges." 

SECTION 7.10.  Amends Section 54.605(a), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."    

SECTION 7.11.  Amends Section 54.618(b), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.12.  Amends Section 54.619(h), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.13.  Amends heading of Chapter 132, Education Code, to change
the reference to "proprietary schools" to "career schools and colleges." 

SECTION 7.14.  Amends Section 132.001, Subdivisions (1) - (8) and (10) -
(12), Education Code, and adds Subdivision (13).  Changes all references
to the words "proprietary schools" to "career schools and colleges."
Clarifies a distinction between TWC, meaning the agency as a whole; and
The commissioners, meaning the three full-time commissioners, acting as
the governing body of the agency.  

SECTION 7.15.  Amends Section 132.002(a), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  Includes a conforming change to update a reference to a
recoded statute. 

SECTION 7.16.  Amends Sections 132.021 (a), (b), and (d), Education Code,
to change all references to the words "proprietary schools" to "career
schools and colleges," and to clarify that The commissioners, meaning the
three full-time commissioners, have responsibility for adopting rules and
policies for carrying out this chapter.  

SECTION 7.17.  Amends Section 132.022, Education Code,  to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.18.  Amends Section 132.023, Education Code, to change all
references to the words  "proprietary schools" to "career schools and
colleges."  Clarifies that the commissioners, meaning the three full-time
commissioners, have responsibility for adopting rules; and that staff have
responsibility for implementing policy. 

SECTION 7.19.  Amends Section 132.051, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.20.  Amends Section 132.052, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.21.  Amends Section 132.053, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  Clarifies a distinction between the duties of TWC, meaning the
agency as a whole; and the duties of the commissioners, meaning the three
fulltime commissioners, acting as the governing body of the agency.  

SECTION 7.22.  Amends Section 132.054, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.23.  Amends Section 132.055, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.24.  Amends Section 132.056, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.25.  Amends Section 132.058, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.26.  Amends Sections 132.059 (a), (b), and (d), Education Code,
to change all references to the words "proprietary schools" to "career
schools and colleges."  

SECTION 7.27.  Amends Section 132.060, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.28.  Amends Section 132.062, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.29.  Amends Section 132.063, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.30.  Amends Section 132.064, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.31.  Amends Sections 132.101 (a) and (c), Education Code, to
clarify a distinction between the duties of TWC, meaning the agency as a
whole; and the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 7.32.  Amends Section 132.102 (c), Education Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 7.33.  Amends Section 132.151, Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.34.  Amends Section 132.153, Education Code,  to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency. Changes all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.35.  Amends Section 132.154 (a), Education Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.36.  Amends Section 132.156, Education Code, to change all
references to the words  "proprietary schools" to "career schools and
colleges."  

SECTION 7.37.  Amends Sections 132.157 (a), (b), (c), and (d), Education
Code, to change all references to the words "proprietary schools" to
"career schools and colleges."  

SECTION 7.38.  Amends Sections 132.201 (a), (c), (d), (e), (f), (h), and
(i), Education Code, to change all references to the words "proprietary
schools" to "career schools and colleges."  

SECTION 7.39.  Amends Section 52.013 (b), Government Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.40.  Amends Section 305.002 (3), Labor Code,  to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.41.  Amends Section 305.023, Labor Code, to change all
references to the words "proprietary schools" to "career schools and
colleges."  

SECTION 7.42.  Amends Subsection E, Section 2.23A, Texas Non-Profit
Corporation Act (Article 1396-2.23A, V.T.C.S.), to change all references
to the words "proprietary schools" to "career schools and colleges."
Includes conforming changes to update agency names. 

SECTION 8.01.  Repeals Section 201.002, Labor Code, to eliminate the
application of the Texas Sunset Act to the Texas Employment Commission.
This section was replaced by Section 301.008, Labor Code, to apply the
Texas Sunset Act to TWC.  Repeals Section 301.006, Labor Code, to
eliminate an outdated section related to Private Industry Councils.
Repeals Section 302.005 (k), Labor Code, to eliminate a section on
Child-Care Training Center Pilot Programs that ended in 1999.   

SECTION 9.01.  Amends Section 30.103, Education Code, with a conforming
change to update the agency name. 

SECTION 9.02.  Amends Section 33.902 (d), Education Code, to require TWC,
meaning the staff of the agency, to establish the procedures; and The
commissioners, meaning the three full-time commissioners, to adopt the
procedures by rule. 

SECTION 9.03.  Amends Section 133.001, Education Code, by amending
Subdivision (5) and adding Subdivision (7), to clarify a distinction
between TWC, meaning the agency as a whole; and The commissioners, meaning
the three full-time commissioners, acting as the governing body of the
agency.   

SECTION 9.04. Amends Section 133.007, Education Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency. 

SECTION 9.05.  Amends Sections 501.095 (a) and (d), Government Code,  to
require TWC, meaning the staff of the agency, to develop a memorandum of
understanding (MOU), and The commissioners, meaning the three full-time
commissioners, to adopt the MOU by rule. 

SECTION 9.06.  Amends Section 501.097 (a), Government Code, to require
TWC, meaning the staff of the agency, to develop a memorandum of
understanding (MOU), and The commissioners, meaning the three full-time
commissioners, to adopt the MOU by rule. 

SECTION 9.07.  Amends Section 531.045 (b), Government Code, to clarify
that the executive director of TWC appoints a representative of TWC to the
Interagency Task Force on Electronic Benefits Transfers. 

SECTION 9.08.  Amends Section 572.003 (c), Government Code, with
conforming changes to update agency names, and to clarify a distinction
between the duties of TWC, meaning the agency as a whole; and the duties
of the commissioners, meaning the three full-time commissioners, acting as
the governing body of the agency.  Includes a conforming change to delete
a  reference to an agency that no longer exists. 

 SECTION 9.09.  Amends Section 656.001, Government Code, with a conforming
change to update the agency name. 

SECTION 9.10.  Amends Section 656.021 (l), Government Code, with a
conforming change to update the agency name, and to clarify a distinction
between TWC, meaning the agency as a whole; and the commissioners, meaning
the three full-time commissioners, acting as the governing body of the
agency.  

SECTION 9.11.  Amends Section 657.009, Government Code, with a conforming
change to update the agency name, and to clarify a distinction between the
duties of TWC, meaning the agency as a whole; and the duties of the
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

SECTION 9.12.  Amends Section 772.0031 (a), Government Code, to clarify
that the executive director of TWC appoints a representative of TWC to the
Human Resource Task Force.  

SECTION 9.13.  Amends Section 2162.051 (a), Government Code, to clarify a
distinction between TWC, meaning the agency as a whole; and The
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

SECTION 9.14.  Amends Section 2308.253 (a), Government Code, to clarify a
distinction between TWC, meaning the agency as a whole; and the
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  A conforming change updates the agency
name. 

SECTION 9.15.  Amends Section 31.0066 (a), Human Resources Code, to
clarify a distinction between the duties of TWC, meaning the agency as a
whole; and the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.16.  Amends Section 31.0128 (a) and (b), Human Resources Code,
to add Subsection (b-1).  Requires TWC, meaning the staff of the agency,
to develop a memorandum of understanding (MOU), and the commissioners,
meaning the three full-time commissioners, to adopt the MOU by rule. 

SECTION 9.17.  Amends Section 31.0322 (a), Human Resources Code, to
clarify a distinction between TWC, meaning the agency as a whole; and The
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

SECTION 9.18.  Amends Section 44.002 (a), Human Resources Code, to clarify
a distinction between the duties of TWC, meaning the agency as a whole;
and the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.19.  Amends Section 115.002 (c), Human Resources Code, to
clarify that the executive director of TWC is an ex-officio member of the
Governor's Committee on People with Disabilities. 

SECTION 9.20.  Amends Section 51.002, Labor Code, to clarify a distinction
between TWC, meaning the agency as a whole; and the commissioners, meaning
the three full-time commissioners, acting as the governing body of the
agency.  

SECTION 9.21. Amends Section 51.003 (c), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.22.  Amends Section 51.012, Labor Code, to clarify a distinction
between the duties of TWC, meaning the agency as a whole; and the duties
of the commissioners, meaning the three fulltime commissioners, acting as
the governing body of the agency.  

SECTION 9.23.  Amends Section 51.013 (d), Labor Code, to clarify that the
commissioners, meaning the three full-time commissioners, have
responsibility for adopting rules. 

SECTION 9.24.  Amends Sections 51.014 (a) and (b), Labor Code, to clarify
a distinction between the duties of TWC, meaning the agency as a whole;
and the duties of The commissioners, meaning  the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.25.  Amends Section 51.0145 (d), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.26.  Amends Section 51.015 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.27.  Amends Section 51.023, Labor Code, to clarify a distinction
between the duties of TWC, meaning the agency as a whole; and the duties
of the commissioners, meaning the three fulltime commissioners, acting as
the governing body of the agency.  

SECTION 9.28.  Amends Sections 51.024 (b) and (c), Labor Code, to clarify
a distinction between the duties of TWC, meaning the agency as a whole;
and the duties of the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.29.  Amends Section 61.001, Labor Code, to add Subdivision
(1-a), to clarify a distinction between the duties of TWC, meaning the
agency as a whole; and the duties of the commissioners, meaning the three
full-time commissioners, acting as the governing body of the agency.  

SECTION 9.30.  Amends Sections 61.002 (a) and (c), Labor Code, and adds
Subsection (a-1), to clarify a distinction between the duties of TWC,
meaning the agency as a whole; and the duties of The commissioners,
meaning the three full-time commissioners, acting as the governing body of
the agency.  

SECTION 9.31. Amends Section 61.005 (a), Labor Code, to clarify that
agency staff, or an authorized representative, have responsibility for
implementing procedures tied to a person's refusal to obey a subpoena
issued by the agency. 

SECTION 9.32.  Amends Section 62.002, Subdivision (3), Labor Code, and
adds Subdivision (3-a), to clarify a distinction between TWC, meaning the
agency as a whole; and The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.33.  Amends Section 62.107 (c), Labor Code, with  conforming
change to update the agency name. 

SECTION 9.34.  Amends Section 81.001, Subdivision (2), Labor Code, and
adds Subdivision (2-a), to clarify a distinction between TWC, meaning the
agency as a whole; and the commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.35.  Amends Section 81.007, Labor Code, to clarify a distinction
between the duties of TWC, meaning the agency as a whole; and the duties
of The commissioners, meaning the three fulltime commissioners, acting as
the governing body of the agency.  

SECTION 9.36. Amends Section 201.011, Subdivisions (6) and (8), Labor
Code, and adds Subdivision (8-a), to clarify a distinction between the
duties of TWC, meaning the agency as a whole; and the duties of The
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

SECTION 9.37. Amends Section 203.002 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.38.  Amends Section 203.202 (c), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.39.  Amends Section 204.002 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the  three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.40.  Amends Section 204.026 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.41.  Amends Section 204.101, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.42.  Amends Section 2.04.106 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.43.  Amends Section 205.012, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.44.  Amends Section 205.025, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.45.  Amends Section 205.031 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.46.  Amends Section 207.001, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.47.  Amends Section 207.021 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.48.  Amends Section 207.022 (c), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.49.  Amends Section 208.001 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.50.  Amends Section 210.002 (c), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.51.  Amends Section 212.001, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.52.  Amends Section 212.004 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.53.  Amends Sections 212.105 (a) and (b), Labor Code, to clarify
a distinction between the duties of TWC, meaning the agency as a whole;
and the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.54.  Amends Section 212.151, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

 SECTION 9.55.  Amends Section 212.153, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.56.  Amends Section 212.206 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.57.  Amends Section 213.004 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.58.  Amends Section 213.032 (c), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.59.  Amends Section 213.052 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.60.  Amends Section 215.002 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.61.  Amends Section 301.005, Labor Code, to clarify a
distinction between TWC, meaning the agency as a whole; and The
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

SECTION 9.62.  Amends Section 301.021 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.63.  Amends Section 301.041 (a), Labor Code, to clarify that The
commissioners, meaning the three full-time commissioners, appoint an
executive director to administer the daily operations of TWC.  

SECTION 9.64.  Amends Section 301.062, Labor Code, to clarify that both
The commissioners, meaning the three full-time commissioners, and the
executive director may make findings and determine issues under this
title.  

SECTION 9.65.  Amends Section 301.063 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.66.  Amends Section 301.0674 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.67.  Amends Section 301.068 (b), Labor Code, to clarify that
TWC, meaning the staff of the agency, has responsibility for developing
and implementing policy, and The commissioners, meaning the three
full-time commissioners, have responsibility for adopting rules. 

SECTION 9.68.  Amends Section 301.071 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.69.  Amends Section 301.072 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.70.  Amends Section 301.073 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the  three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.71.  Amends Section 301.081 (d), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.72.  Amends Section 301.082 (b), Labor Code, to clarify that the
executive director implements policy, and The commissioners, meaning the
three full-time commissioners, adopt policy. 

SECTION 9.73.  Amends Section 301.107 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.74.  Amends the heading to Section 302.002, Labor Code, to
clarify a distinction between TWC, meaning the agency as a whole; and The
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

SECTION 9.75.  Amends Sections 302.002 (a), (b), (d), and (e), to clarify
a distinction between the duties of TWC, meaning the agency as a whole;
and the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.76.  Amends Sections 302.005 (b) and (j), Labor Code, to clarify
a distinction between the duties of TWC, meaning the agency as a whole;
and the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.77.  Amends Section 302.006 (g), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.78.  Amends Section 302.009 (a), to clarify a distinction
between the duties of TWC, meaning the agency as a whole; and the duties
of The commissioners, meaning the three full-time commissioners, acting as
the governing body of the agency.  

SECTION 9.79.  Amends Section 302.010 (a), to clarify a distinction
between the duties of TWC, meaning the agency as a whole; and the duties
of The commissioners, meaning the three full-time commissioners, acting as
the governing body of the agency.  

SECTION 9.80.  Amends Section 302.044, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.81.  Amends Section 302.044, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.82.  Amends Section 302.045, Labor Code, to clarify that The
commissioners, meaning the three full-time commissioners, have
responsibility for adopting a plan to be used by the local workforce
development boards in the implementation of the sanction process. 

SECTION 9.83.  Amends Section 302.046 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.84.  Amends Section 305.002, Subdivision (1), Labor Code, and
adds Subdivision (1-a), to clarify a distinction between TWC, meaning the
agency as a whole; and The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.85.  Amends Section 305.026 (b), Labor Code, to clarify a
distinction between TWC, meaning the agency as a whole; and The
commissioners, meaning the three full-time commissioners, acting as the
governing body of the agency.  

 SECTION 9.86.  Amends Section 305.028 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.87.  Amends Section 306.004 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.88.  Amends Section 306.006 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.89.  Amends Section 306.007 (b), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  Includes a
conforming change to update an agency name. 

SECTION 9.90.  Amends Section 308.005 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.91.  Amends Section 309.004, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.92.  Amends Section 310.008, Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 9.93.  Amends Section 311.004 (a), Labor Code, to clarify a
distinction between the duties of TWC, meaning the agency as a whole; and
the duties of The commissioners, meaning the three full-time
commissioners, acting as the governing body of the agency.  

SECTION 10.01.  Effective date:  September 1, 2003.