2009S0434-1 02/20/09

By: Watson S.B. No. 1770

A BILL TO BE ENTITLED

AN ACT

relating to the creation, operation, and funding of the Texas YouthBuild Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Labor Code, is amended by adding Chapter 312 to read as follows:

CHAPTER 312. TEXAS YOUTHBUILD PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 312.001. DEFINITIONS. In this chapter:

(1) "Energy-efficient" means, with respect to a project, sustainable, long-lasting construction, rehabilitation, or retrofitting that reduces the energy costs of conventional construction, rehabilitation, or retrofitting by not less than 20 percent.

(2) "Participant" means an individual who is receiving training and other services through the program.

(3) "Program" means the Texas YouthBuild Program established under this chapter.

(4) "Project" means a construction, rehabilitation, or other project eligible for funding through a grant awarded under this chapter.

[Sections 312.002-312.050 reserved for expansion]

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION

Sec. 312.051. PROGRAM; ADMINISTRATION. (a) The Texas YouthBuild Program is established in the Texas Workforce Commission as a workforce training and development program.

(b) The commission shall administer the program and may employ personnel as necessary to administer the program.

Sec. 312.052. PROGRAM FUNDING. (a) The program is funded by appropriations from the legislature and other available money, including funds from federal agencies, identified by the commission, the Texas Youth Commission, the Texas Juvenile Probation Commission, the Texas Department of Criminal Justice, the Texas Education Agency, or other state agencies.

(b) The commission may solicit and accept gifts, grants, and other donations for operation of the program.

(c) The commission may not provide more than 75 percent of the money budgeted for a project.

Sec. 312.053. RULES. The commission shall adopt rules as necessary to implement the program, including rules for auditing grants awarded under this chapter and accountability requirements for grant recipients.

Sec. 312.054. ANNUAL REPORT. (a) The commission shall report to the governor and the legislature at the end of each state fiscal year on the status of the program.

(b) The annual report must include for that fiscal year:

(1) the number of grants awarded;

(2) the total dollar amount of grants awarded;

(3) the geographical distribution of grants awarded;

(4) the number of youths and other persons participating in projects funded by grants;

(5) the number of youths and other persons who secured permanent jobs at the conclusion of participation in projects funded by grants;

(6) the number of youths who graduated from high school or received a high school equivalency certificate while participating in the program;

(7) the rate of job placement among youths participating in the program;

(8) the number of housing units and other buildings constructed or rehabilitated through projects funded by grants; and

(9) the estimated dollar savings due to improved energy efficiency in projects funded by grants.

[Sections 312.055-312.100 reserved for expansion]

SUBCHAPTER C. TEXAS YOUTHBUILD PROGRAM

Sec. 312.101. PROGRAM PURPOSES. The Texas YouthBuild Program shall:

(1) promote the economic self-sufficiency of disadvantaged or at-risk youth, non-violent juvenile offenders, and young veterans by providing those persons with opportunities to acquire job skills while performing community service activities;

(2) create opportunities for communities to restore abandoned properties and historic areas, enhance public places, and increase the availability of affordable, energy-efficient housing for individuals and families of low income; and

(3) create training and employment opportunities for eligible veterans.

Sec. 312.102. PARTICIPANT ELIGIBILITY. (a) To be eligible to participate in the program, a participant must be an individual at least 16 years of age but younger than 24 years of age who:

(1) is not attending high school and has not received a high school diploma or high school equivalency certificate; or

(2) is attending high school or a program leading to a high school equivalency certificate but is at risk of dropping out of high school or the equivalency certification program.

(b) In addition to meeting the requirements of Subsection (a), a program participant must be:

(1) an individual who is:

(A) a member of a household that receives public assistance and earns not more than 80 percent of the area median income;

(B) errant, homeless, or a potential ward of the Texas Department of Criminal Justice or the Texas Youth Commission;

(C) educationally disadvantaged, as defined by commission rule; or

(D) referred to the program by a school district, state agency, or court; or

(2) a veteran who is younger than 24 years of age.

[Sections 312.103-312.150 reserved for expansion]

SUBCHAPTER D. PROGRAM GRANTS

Sec. 312.151. GRANTS. (a) The executive director shall award grants under the program to eligible entities for projects that meet the requirements of this subchapter.

(b) To be eligible to receive a grant from the program, a grant recipient must use the grant for a project that provides services specified in Sections 312.154 and 312.155 to individuals eligible to participate in the program under Section 312.102.

Sec. 312.152. ELIGIBLE ENTITIES. (a) Subject to Subsection (b), the following entities may apply to receive a grant for an eligible project under this subchapter:

(1) a private, nonprofit, tax-exempt organization listed in Section 501(c)(3), Internal Revenue Code of 1986;

(2) a public agency that operates a community-based youth employment training program;

(3) a community housing development organization certified by the state;

(4) a community educational facility as an alternative to placement to the Texas Youth Commission and the Texas Department of Criminal Justice;

(5) a corps-based community service organization;

(6) an open-enrollment charter school approved by the Texas Education Agency; or

(7) a public school.

(b) To be eligible to receive a grant, an applicant must demonstrate that the applicant:

(1) has at least three years of successful experience operating programs that benefit disadvantaged or at-risk youth;

(2) has successful experience in counseling and support services for high school dropouts and at-risk youth; and

(3) has successful experience in job training in the field of the eligible project.

(c) A private school, as defined by Section 5.001, Education Code, or for-profit entity is not eligible to receive a grant under this subchapter.

Sec. 312.153. GRANT APPLICATION. A grant application for a proposed project must be filed with the commission on a form prescribed by the commission. The application must include:

(1) a statement of the amount of money requested;

(2) a description of the proposed project;

(3) a description of the applicant's qualifications, including the applicant's experience with youth, law enforcement agencies, and educational and community groups;

(4) if applicable, a list of proposed sites for construction or rehabilitation of housing or other buildings;

(5) if applicable, a description of proposed energy-efficient construction or rehabilitation activities, including an implementation schedule;

(6) a description of the applicant's proposed procedures for recruiting and selecting participants in the project;

(7) a proposed budget, including procedures for auditing and accountability;

(8) if applicable, a description of proposed financing for property acquisition, rehabilitation, or construction;

(9) a list of relevant contracts or other arrangements between the applicant and public agencies that will facilitate implementation of the project;

(10) a list of prospective donations, grants, or in-kind contributions for the project that will supplement money received through the grant;

(11) a certification satisfactory to the commission of the applicant's compliance with:

(A) state and federal fair housing laws;

(B) the Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.);

(C) the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.);

(D) the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.); and

(E) the Age Discrimination in Employment Act of 1967 (29 U.S.C. Section 621 et seq.); and

(12) any other requirements that the commission establishes by rule.

Sec. 312.154. PROJECT REQUIREMENTS; SERVICES TO PARTICIPANTS. A project for which a grant is received under the program must provide or develop a plan to provide to a participant:

(1) integrated green job training and education, divided between:

(A) practical, hands-on work experience at project sites; and

(B) if the participant has not received a high school diploma or high school equivalency certificate, academic and project-based instruction designed to result in the attainment of a high school diploma or high school equivalency certificate;

(2) direct access to counseling and support services, including assessment and orientation services, life-skills training, peer tutoring, gang prevention techniques, parenting and child-care skills, and medical and legal screening and referrals;

(3) direct access to leadership training designed to develop ethics, citizenship, personal responsibility, critical thinking, and decision-making, problem-solving, and negotiation skills;

(4) direct access to assistance in making the transition from training to economic self-sufficiency, including career counseling, job placement, personal finance, homebuyer education, and follow-up services; and

(5) guidance and support in earning college scholarships.

Sec. 312.155. TRAINING STIPEND. (a) A project for which a grant is received under the program must provide a training stipend to each participant who works on the project. A training stipend under this section must:

(1) be in an amount determined by commission rule;

(2) be provided for a period not to exceed two years; and

(3) be conditioned on the demonstration by the participant of improved job performance and personal responsibility as determined by commission rule.

(b) A stipend provided under this section does not count as income or resources for purposes of determining the eligibility of the participant or the participant's household for any form of public assistance or in determining the amount of that assistance.

Sec. 312.156. ELIGIBLE PROJECTS. A project for which a grant is received under the program must provide at least one of the following services:

(1) the acquisition, rehabilitation, or construction of energy-efficient, affordable housing for:

(A) individuals and families earning not more than 80 percent of the area median income;

(B) veterans of the United States armed forces; or

(C) individuals with a disability, as defined by Sections 2052.003(b) and (c), Government Code;

(2) the energy-efficient rehabilitation or retrofitting of:

(A) a historic structure, as defined by Section 442.001, Government Code;

(B) a publicly owned facility, including public schools and public facilities that are part of a designated cultural district; or

(C) a facility, located in a low-income area as defined by commission rule, that is owned by a private, nonprofit, tax-exempt organization listed in Section 501(c), Internal Revenue Code of 1986;

(3) park and green space construction work, including trail building and the energy-efficient rehabilitation or retrofitting of park structures:

(A) in state, county, and local parks; or

(B) subject to the availability of federal funds for the project, in national parks located in this state; or

(4) a green job-training program:

(A) that incorporates training of participants in the following areas:

(i) renewable electric power;

(ii) biofuels;

(iii) deconstruction and reuse of materials;

(iv) energy efficiency assessments;

(v) weatherization;

(vi) the manufacture of sustainable products; and

(vii) sustainable manufacturing processes and materials; and

(B) the activities of which benefit:

(i) a person described by Subdivision (1); or

(ii) a private, nonprofit, tax-exempt organization listed in Section 501(c), Internal Revenue Code of 1986.

Sec. 312.157. ADVISORY BOARD; PARTICIPANT COUNCIL. An entity awarded a grant for a project under the program shall establish:

(1) an advisory board for the project that includes senior staff of the entity operating the project, area employers, industrial leaders, representatives of nonprofit organizations representing low-income neighborhoods, and participants in the project; and

(2) a participant council to provide comments and suggestions regarding project policies.

Sec. 312.158. LIMIT ON ADMINISTRATIVE EXPENSES. Not more than 15 percent of the grant money awarded under the program for a project may be used for administrative costs associated with the project.

SECTION 2. This Act takes effect September 1, 2009.