HBA-GUM S.B. 330 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 330 By: Barrientos Public Education 4/21/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Communities in Schools (CIS) program is administered at the state level by the Texas Workforce Commission, and also by 22 local CIS programs. S.B. 330 transfers the law governing the CIS program from the Labor Code to the Family Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Protective and Regulatory Services in SECTION 4 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 305, Labor Code, by transferring and redesignating it to Subchapter I, Chapter 264, Family Code, and amending it as follows: SUBCHAPTER I. COMMUNITIES IN SCHOOLS PROGRAM. Sec. 264.751. DEFINITIONS. Defines "delinquent conduct" and "student at risk of dropping out of school." Makes conforming and nonsubstantive changes. Redesignated from Section 305.001, Labor Code. Sec. 264.752. STATEWIDE OPERATION OF PROGRAM. Provides that it is also the intent of the legislature to require programs established under Chapter 305, Labor Code, and under Article 5221b-9d (Texas Unemployment Compensation Act), V.T.C.S., and programs established under this subchapter to remain eligible to participate in the Communities In Schools (CIS) program if funds are available and if their performance meets the criteria established by the Department of Protective and Regulatory Services (DPRS) for renewal of their contracts. Makes conforming changes. Redesignated from Section 305.002, Labor Code. Sec. 264.753. New title: STATE DIRECTOR. Deletes "coordinator" from title. Requires the executive director of DPRS to designate, rather than appoint, a state director, rather than coordinator, for the CIS program. Makes conforming changes. Redesignated from Section 305.011, Labor Code. Sec. 264.754. New title: DUTIES OF STATE DIRECTOR. Deletes "coordinator" from title. Requires the state director to: coordinate the efforts of the CIS 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; establish state performance goals, objectives, and measures for the CIS program; obtain information to determine accomplishment of state performance goals, objectives, and measures, rather than information from each participating school district to determine necessary program changes; and provide training and technical assistance for participating communities and programs, rather than train a program director for each participating community. Makes conforming changes. Redesignated from Section 305.012, Labor Code. Sec. 264.755. AGENCY COOPERATION; MEMORANDUM OF UNDERSTANDING. (a) Requires the Texas Education Agency (TEA), DPRS, and CIS, Inc., rather than TEA and the Texas Workforce Commission (TWC), to work together to maximize the effectiveness of the CIS program. Makes a nonsubstantive change. (b) Requires TEA and DPRS, rather than TWC, to develop and mutually agree to a memorandum of understanding to clearly define the responsibilities of TEA and DPRS under this subchapter. Makes conforming changes. Redesignated from Section 305.013, Labor Code. Sec. 264.756. New title: FUNDING; EXPANSION OF PARTICIPATION. (a) Requires DPRS to develop and implement an equitable formula for the funding of local CIS programs. Deletes existing text requiring the state coordinator to implement a formula to determine participation in the second year of the 1996-97 state fiscal biennium. Provides that 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, rather than not less than 50 percent, of the amount contributed by the state for the first year of the program, rather than for funding of the program in the first year of the 1996-97 state fiscal biennium. Deletes existing title which read, "Designation Of Participating Schools." Makes conforming and nonsubstantive changes. (b) Requires each local CIS program to develop a funding plan, rather than a five-year funding plan, which ensures that the level of services is maintained if state funding is reduced. Makes nonsubstantive changes. (c) Makes conforming and nonsubstantive changes. Redesignated from Section 305.021, Labor Code. Sec. 264.757. PARTICIPATION IN PROGRAM. Makes conforming changes. Redesignated from Section 305.022, Labor Code. Sec. 264.758. DONATIONS TO PROGRAM. (a) Makes conforming changes. (b) Deletes existing text providing that donations must be accepted in an open meeting by a majority of the voting members of the commission. Makes conforming changes. Redesignated from Section 305.021, Labor Code. SECTION 2. Amends Section 302.021(a), Labor Code, to include a job-training program funded under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.), and education, employment, employment support, training services, activities, and programs funded under Temporary Assistance for Needy Families (42 U.S.C. Section 601 et seq.) among the programs consolidated under the authority of the division. Deletes CIS programs and the Job Opportunities and Basic Skills program under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section 682) from the programs that are consolidated under the authority of the division. Updates a statutory reference by providing that a literacy program from state, local, federal, and private funds available to the state for that purpose is a program consolidated under the authority of the division to update. Makes conforming changes. SECTION 3. Amends Section 302.062(g), Labor Code, to provide that block grant funding under this section does not apply to the CIS program to the extent that funds are available to the commission for that program. Deletes existing text to update a statutory reference. Makes conforming changes. SECTION 4. Provides that on September 1, 1999 the CIS program in its entirety is transferred from the Labor Code to the Family Code, and accordingly that authority over the program is transferred from TWC to DPRS. Provides that all employees of TWC whose duties primarily involve the CIS program become employees of DPRS and that for the 1999 and 2000 state fiscal years, the number of employees transferred to DPRS is not included in determining the department's compliance with any limitation on the number of full-time equivalent positions imposed by the General Appropriations Act. Provides that a rule of the TWC relating to the CIS program continues in effect as a rule of DPRS until superseded by rule of the DPRS. SECTION 5. (a) Provides that the transfer of the CIS program does not affect or impair an act done, an obligation, right, order, license, permit, rule, criterion, standard, or requirement existing, an investigation begun, or a penalty accrued under former law. Provides that existing law remains in effect for any action concerning those matters. (b) Provides that an action brought or proceeding commenced before the effective date of this Act is governed by the law and rules in effect and applicable to the action or proceeding immediately before the effective date of this Act. SECTION 6. Effective date: September 1, 1999. SECTION 7. Emergency clause.