79R17801 MCK-D
By: Van de Putte S.B. No. 1714
Substitute the following for S.B. No. 1714:
By: Corte C.S.S.B. No. 1714
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain employment programs for
veterans of the armed forces of the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 434.007, Government Code, is amended to
read as follows:
Sec. 434.007. DUTIES. (a) The commission shall:
(1) compile federal, state, and local laws enacted to
benefit members of the armed forces, veterans, and their families
and dependents;
(2) collect information relating to services and
facilities available to veterans;
(3) cooperate with veterans service agencies in the
state;
(4) inform members and veterans of the armed forces,
their families and dependents, and military and civilian
authorities about the existence or availability of:
(A) educational training and retraining
facilities;
(B) health, medical, rehabilitation, and housing
services and facilities;
(C) employment and reemployment services;
(D) provisions of federal, state, and local law
affording rights, privileges, and benefits to members and veterans
of the armed forces and their families and dependents; and
(E) other similar, related, or appropriate
matters;
(5) assist veterans and their families and dependents
in presenting, proving, and establishing claims, privileges,
rights, and benefits they may have under federal, state, or local
law;
(6) cooperate with all government and private agencies
securing services or benefits to veterans and their families and
dependents;
(7) investigate, and if possible correct, abuses or
exploitation of veterans or their families or dependents, and
recommend necessary legislation for full correction;
(8) coordinate the services and activities of state
departments and divisions having services and resources affecting
veterans or their families or dependents; [and]
(9) provide training and certification of veterans
county service officers and assistant veterans county service
officers in accordance with Section 434.038; and
(10) operate programs in this state to enhance the
employment opportunities of veterans of the armed forces of the
United States, including the employment program funded under
Chapters 41 and 42, Title 38, United States Code.
(b) The programs described by Subsection (a)(10) must
exclusively enhance the employment opportunities of eligible
veterans, and the services provided under those programs must be
provided by state employees. A state employee providing services
under Subsection (a)(10) may only provide services to veterans.
SECTION 2. Subsection (b), Section 302.021, Labor Code, is
amended to read as follows:
(b) In addition to the programs consolidated under the
authority of the commission under Subsection (a), the commission
shall administer:
(1) [programs in this state to enhance the employment
opportunities of veterans of the armed services of the United
States, including the employment program funded under Chapters 41
and 42, Title 38, United States Code;
[(2)] child-care services provided under Chapter 44,
Human Resources Code; and
(2) [(3)] programs established in this state through
federal funding to conduct full service career development centers
and school-to-work transition services.
SECTION 3. Subsection (g), Section 302.062, 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, Chapter 33, Education 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)(2)
[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 4. (a) Not later than October 1, 2005, the Texas
Veterans Commission and the Texas Workforce Commission shall
establish a transition team to transfer the veterans employment
programs from the Texas Workforce Commission to the Texas Veterans
Commission. The transition team shall consist of a commissioner
and an employee of each agency and representatives from other
agencies that the veterans commission and workforce commission
determine are necessary to accomplish the transition of the
veterans employment programs.
(b) The Texas Veterans Commission and the Texas Workforce
Commission shall enter into a memorandum of understanding to
transfer the veterans employment programs of the Texas Workforce
Commission to the Texas Veterans Commission. The memorandum of
understanding must provide for the transfer of all powers, duties,
obligations, rights, contracts, leases, records, employees, real
or personal property, and unspent and unobligated appropriations
and other funds of the Texas Workforce Commission that are
necessary to accomplish the transfer of the veterans employment
programs under this Act to the Texas Veterans Commission. The
transition shall be completed not later than October 1, 2006.
(c) The transfer of the veterans employment programs from
the Texas Workforce Commission to the Texas Veterans Commission
does not affect the validity of a right, privilege, or obligation
accrued, a contract or acquisition made, any liability incurred, a
permit or license issued, a penalty, forfeiture, or punishment
assessed, a rule adopted, a proceeding, investigation, or remedy
begun, a decision made, or other action taken by the Texas Workforce
Commission in connection with the veterans employment programs.
(d) All rules, policies, procedures, and decisions of the
Texas Workforce Commission relating to the veterans employment
programs transferred to the Texas Veterans Commission by this Act
are continued in effect as rules, policies, procedures, and
decisions of the Texas Veterans Commission until superseded by a
rule or other appropriate action of the Texas Veterans Commission.
(e) Until the date the veterans employment programs are
transferred to the Texas Veterans Commission as provided by this
Act, the Texas Workforce Commission shall continue to exercise the
powers and perform the duties relating to the veterans employment
programs assigned to the Texas Workforce Commission under the law
as it existed immediately before the effective date of this Act or,
if applicable, as modified by another Act of the 79th Legislature
that becomes law, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2005.