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78R10221 KKA-D
By: Hupp H.B. No. 2984
Substitute the following for H.B. No. 2984:
By: Miller C.S.H.B. No. 2984
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the Communities In Schools program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 264, Family Code, is
transferred to Chapter 33, Education Code, is redesignated as
Subchapter E, Chapter 33, Education Code, and is amended to read as
follows:
SUBCHAPTER E [I]. COMMUNITIES IN SCHOOLS PROGRAM
Sec. 33.151 [264.751]. DEFINITIONS. In this subchapter:
(1) "Department" ["Agency"] means the Department of
Protective and Regulatory Services [Texas Education Agency].
(2) "Communities In Schools program" means an
exemplary youth dropout prevention program.
(3) "Delinquent conduct" has the meaning assigned by
Section 51.03, Family Code.
(4) "Student at risk of dropping out of school" means:
(A) a student at risk of dropping out of school as
defined [has the meaning assigned] by Section 29.081;
(B) [, Education Code, or means] a student who is
eligible for a free or reduced lunch; or
(C) a student who is in family conflict or
crisis.
Sec. 33.152 [264.752]. STATEWIDE OPERATION OF PROGRAM. It
is the intent of the legislature that the Communities In Schools
program operate throughout this state. It is also the intent of the
legislature that programs established under Chapter 305, Labor
Code, as that chapter existed on August 31, 1999, and its
predecessor statute, the Texas Unemployment Compensation Act
(Article 5221b-9d, Vernon's Texas Civil Statutes), and programs
established under this subchapter shall remain eligible to
participate in the Communities In Schools program if funds are
available and if their performance meets the criteria established
by the agency [department] for renewal of their contracts.
Sec. 33.153 [264.753]. STATE DIRECTOR. The commissioner
[executive director of the department] shall designate a state
director for the Communities In Schools program.
Sec. 33.154 [264.754]. DUTIES OF STATE DIRECTOR. The
state director shall:
(1) coordinate the efforts of the Communities In
Schools program with other social service organizations and
agencies and with public school personnel to provide services to
students who are at risk of dropping out of school or engaging in
delinquent conduct, including students who are in family conflict
or emotional crisis;
(2) set standards for the Communities In Schools
program and establish state performance goals, objectives, and
measures for the program;
(3) obtain information to determine accomplishment of
state performance goals, objectives, and measures;
(4) promote and market the program in communities in
which the program is not established;
(5) help communities that want to participate in the
program establish a local funding base; and
(6) provide training and technical assistance for
participating communities and programs.
Sec. 33.155 [264.755]. DEPARTMENT [AGENCY] COOPERATION;
MEMORANDUM OF UNDERSTANDING. (a) The agency, the department, and
Communities In Schools, Inc. shall work together to maximize the
effectiveness of the Communities In Schools program.
(b) The agency and the department shall develop and
[mutually] agree to a memorandum of understanding to clearly define
the responsibilities of the agency and of the department under this
subchapter. The memorandum must address:
(1) the roles [role] of the agency and department in
encouraging local business to participate in local Communities In
Schools programs;
(2) the role of the agency in obtaining information
from participating school districts;
(3) the use of federal or state funds available to the
agency or the department for programs of this nature; and
(4) other areas identified by the agency and the
department that require clarification.
(c) The agency and the department shall adopt rules to
implement the memorandum and shall update the memorandum and rules
annually.
Sec. 33.156 [264.756]. FUNDING; EXPANSION OF
PARTICIPATION. (a) The agency [department] shall develop and
implement an equitable formula for the funding of local Communities
In Schools programs. The formula may provide for the reduction of
funds annually contributed by the state to a local program by an
amount not more than 50 percent of the amount contributed by the
state for the first year of the program. The formula must consider
the financial resources of individual communities and school
districts. Savings accomplished through the implementation of the
formula may be used to extend services to counties and
municipalities currently not served by a local program or to extend
services to counties and municipalities currently served by an
existing local program.
(b) Each local Communities In Schools program shall develop
a funding plan which ensures that the level of services is
maintained if state funding is reduced.
(c) A local Communities In Schools program may accept
federal funds, state funds, private contributions, grants, and
public and school district funds to support a campus participating
in the program.
Sec. 33.157 [264.757]. PARTICIPATION IN PROGRAM. An
elementary or secondary school receiving funding [designated]
under Section 33.156 [264.756] shall participate in a local
Communities In Schools program if the number of students enrolled
in the school who are at risk of dropping out of school is equal to
at least 10 percent of the number of students in average daily
attendance at the school, as determined by the agency.
Sec. 33.158 [264.758]. DONATIONS TO PROGRAM. (a) The
agency [department] may accept a donation of services or money or
other property that the agency [department] determines furthers the
lawful objectives of the agency [department] in connection with the
Communities In Schools program.
(b) Each donation, with the name of the donor and the
purpose of the donation, must be reported in the public records of
the agency [department].
SECTION 2. Section 302.062(g), Labor Code, is amended to
read as follows:
(g) Block grant funding under this section does not apply
to:
(1) the work and family policies program under Chapter
81;
(2) a program under the skills development fund
created under Chapter 303;
(3) the job counseling program for displaced
homemakers under Chapter 304;
(4) the Communities In Schools program under
Subchapter E [I], Chapter 33 [264], Education [Family] Code, to the
extent that funds are available to the commission for that program;
(5) the reintegration of offenders program under
Chapter 306;
(6) apprenticeship programs under Chapter 133,
Education Code;
(7) the continuity of care program under Section
501.095, Government Code;
(8) employment programs under Chapter 31, Human
Resources Code;
(9) the senior citizens employment program under
Chapter 101, Human Resources Code;
(10) the programs described by Section 302.021(b)(3);
(11) the community service program under the National
and Community Service Act of 1990 (42 U.S.C. Section 12501 et seq.);
(12) the trade adjustment assistance program under
Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
seq.);
(13) the programs to enhance the employment
opportunities of veterans; and
(14) the functions of the State Occupational
Information Coordinating Committee.
SECTION 3. (a) On September 1, 2003:
(1) all powers, duties, functions, and activities
relating to the Communities In Schools program assigned to or
performed by the Department of Protective and Regulatory Services
immediately before September 1, 2003, are transferred to the Texas
Education Agency;
(2) all funds, rights, obligations, and contracts of
the Department of Protective and Regulatory Services related to the
Communities In Schools program are transferred to the Texas
Education Agency for the Communities In Schools program;
(3) all property and records in the custody of the
Department of Protective and Regulatory Services related to the
Communities In Schools program and all funds appropriated by the
legislature for the Communities In Schools program are transferred
to the Texas Education Agency for the Communities In Schools
program; and
(4) all employees of the Department of Protective and
Regulatory Services who primarily perform duties related to the
Communities In Schools program become employees of the Texas
Education Agency, to be assigned duties related to the Communities
In Schools program.
(b) For the 2003 and 2004 state fiscal years, all full-time
equivalent positions (FTEs) authorized by the General
Appropriations Act for the Communities In Schools program are
transferred to the Texas Education Agency and are not included in
determining that agency's compliance with any limitation on the
number of full-time equivalent positions (FTEs) imposed by the
General Appropriations Act.
(c) A reference in law or administrative rule to the
Department of Protective and Regulatory Services that relates to
the Communities In Schools program means the Texas Education
Agency. A reference in law or administrative rule to the executive
director of the Department of Protective and Regulatory Services
that relates to the Communities In Schools program means the
commissioner of education.
(d) A rule of the Department of Protective and Regulatory
Services relating to the Communities In Schools program continues
in effect as a rule of the commissioner of education until
superseded by rule of the commissioner of education. The secretary
of state is authorized to adopt rules as necessary to expedite the
implementation of this subsection.
SECTION 4. (a) The transfer of the Communities In Schools
program and associated powers, duties, functions, and activities
under this Act does not affect or impair any act done, any
obligation, right, order, license, permit, rule, criterion,
standard, or requirement existing, any investigation begun, or any
penalty accrued under former law, and that law remains in effect for
any action concerning those matters.
(b) An action brought or proceeding commenced before
September 1, 2003, including a contested case or a remand of any
action or proceeding by a reviewing court, is governed by the law
and rules applicable to the action or proceeding immediately before
September 1, 2003.
SECTION 5. This Act takes effect September 1, 2003.