HBA-DMD, NLM H.B. 3431 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3431
By: Delisi
Economic Development
10/19/1999
Enrolled



BACKGROUND AND PURPOSE 

With the creation of the Texas Council on Workforce and Economic
Competitiveness (council), created as part of the job training development
plan, five state-wide advisory councils and boards associated with various
workforce programs were consolidated under the council.  The council is
charged with developing a single strategic plan for workforce development,
making planning and policy recommendations, and evaluating the
effectiveness of all workforce programs in the state. Prior to the 76th
Legislature, the council was required to report to the governor, but was
not required by law to report to the legislature.  H.B. 3431 includes the
legislature as a party to whom the council is required to report certain
state plans, policies, and  vocational education plans, and as a party to
whom the council is required to report a strategic plan for the budgeting
and operation of the welfare to work transition system.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2308.004, Government Code, to provide that a
program year under this chapter begins on July 1 and ends on June 30 unless
otherwise specified under appropriate state or federal law. 

SECTION 2.  Amends Subchapter A, Chapter 2308, Government Code, by adding
Section 2308.006, as follows: 

Sec. 2308.006.  APPLICATION OF PRIOR LAW.  (a) Prohibits the Council on
Workforce and Economic Competitiveness (council) from operating under that
change in law, if a change in law made by H.B. 3431, Acts of the 76th
Legislature, Regular Session, 1999, would have the effect of invalidating
an exemption granted under the Workforce Investment Act of 1998 (Pub. L.
No.105-220).  Requires the council to operate under the law as it existed
before the effective date of this Act. 

(b) Provides that a change in law described by this section does not affect
other related provisions and applications of statute and requires those
provisions and applications to be given effect. 

SECTION 3.  Amends Section 2308.051(a), Government Code, to specify that
the council acts as a state workforce investment board under the Workforce
Investment Act of 1998 (Pub. L. No.105220). 

SECTION 4.  Amends Section 2308.052(b), Government Code, to include the
presiding officer of the policy advisory board of the Texas Department of
Economic Development, rather than Commerce, among the council's
composition. 

SECTION 5.  Amends Section 2308.101, Government Code, to require the
council to identify and recommend to the governor incentives to encourage
the consolidation, on a regional labor market  basis, of local boards,
councils, committees, and service delivery areas authorized under the Job
Training Partnership Act (29 U.S.C. Section 1501 et seq.) or other federal
workforce legislation; review plans for local workforce development, rather
than training services; report periodically to the governor and the
legislature; and provide annual reports to the governor and the
legislature, including an annual report on welfare to work initiatives.
Makes conforming and nonsubstantive changes. 

SECTION 6.  Amends Section 2308.102(a),  Government Code,  to include the
legislature as a party to whom the council is required to report certain
state plans, policies, and  vocational education plans as provided by the
existing provisions.  Makes conforming and nonsubstantive changes. 

SECTION 7. Amends Sections 2308.104(a) and (c), Government Code, as follows:

(a) Includes the legislature as a party to whom the council is required to
report a strategic plan for the budgeting and operation of the welfare to
work transition system, in addition to all careers and welfare to work
components.  Requires the council to annually report to the governor and
the legislature on the implementation of the strategic plan. 

(c) Makes a conforming and nonsubstantive change.

SECTION 8.  Amends Section 2308.151, Government Code, as follows:

Sec. 2308.151.  New title:  ESTABLISHMENT OF EVALUATION SYSTEM; FUNDING.
Requires the agencies represented on the council to fund the maintenance
and operation of the evaluation system by using funds available to the
agencies for evaluation of each agency's workforce development programs.
Makes a conforming and nonsubstantive change. 

SECTION 9.  Amends Sections 2308.153(b) and (c), Government Code, to
provide that the evaluation data in the system must include other
appropriate factors, including public welfare dependency.  Makes a
conforming change. 

SECTION 10.  Amends Section 2308.154, Government Code, to make a conforming
and nonsubstantive change. 

SECTION 11.  Amends Section 2308.156, Government Code, to require the
council and each local workforce development board to use the information
under this subchapter and other information to determine whether a specific
workforce training and services program funded by the local board is
effective and whether to continue the training and services program. 

SECTION 12.  Amends Section 2308.203, Government Code, to require a state
agency that is responsible for the administration of human resources or
workforce development to implement a recommendation under this subchapter.
Requires a state agency to notify the governor, the executive director, and
the presiding officer of the council within 30 days if the agency
determines that a recommendation cannot be implemented. 

SECTION 13.  Amends Section 2308.303(a), Government Code, to require a
local workforce development board to promote cooperation and coordination
among public organizations, community organizations, charitable and
religious organizations, and private businesses providing workforce
development, in a manner consistent with the nondiscrimination principles
and safeguards stated in 42 U.S.C. Section 604a. 

SECTION 14.  Amends Section 2308.402, Government Code, to require the board
to validate and recognize nationally established skill standards. Requires
the skill standards board to report periodically to the governor, and
provide annual reports to the governor, the division, and the legislature. 

SECTION 15.  Repealer: Subchapter G (Legislative Oversight), Chapter 301,
Labor Code. 

 SECTION 16.  Effective date: September 1, 1999.

SECTION 17.  Emergency clause.