"Ezekial 25:17 - The path of the righteous man is beset on all sides by the inequites of the selfish and the tyranny of evil men. Blessed is he that shepherds the weak from the valley of darkness for he is truly his brother's keeper, and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers, and you will know my name is the Lord when I lay my vengeance upon thee."
GOVERNMENT CODE
CHAPTER 2308. WORKFORCE INVESTMENT ACT
SUBCHAPTER A. GENERAL PROVISIONS
§ 2308.001. SHORT TITLE. This chapter may be cited as the
Workforce Investment Act.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 1.02, eff.
Sept. 1, 2003.
§ 2308.002. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Workforce Investment
Council.
(2) "Division" means the division of workforce
development of the Texas Workforce Commission.
(3) "Local labor market" means an economically
integrated geographical area within which individuals may reside
and find employment within a reasonable distance.
(4) "Workforce development" includes workforce
education and workforce training and services.
(5) "Workforce education" means articulated
career-path programs and the constituent courses of those programs
that lead to initial or continuing licensing or certification or
associate degree-level accreditation and that:
(A) are subject to:
(i) initial and ongoing state approval or
regional or specialized accreditation;
(ii) a formal state evaluation that
provides the basis for program continuation or termination;
(iii) state accountability and performance
standards; and
(iv) a regional or statewide documentation
of the market demand for labor according to employers' needs; or
(B) are subject to approval by the Texas Higher
Education Coordinating Board as adult vocational or continuing
education courses.
(6) "Workforce training and services" means training
and services programs that are not workforce education.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.01(a), eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 818, § 1.03, eff. Sept.
1, 2003.
§ 2308.003. CONTRACTING FOR PRIVATE SERVICES NOT
RESTRICTED. This chapter does not restrict a person's authority to
contract for the provision of workforce development without state
or federal funds.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.004. PROGRAM YEAR. Under this chapter, a program
year begins on July 1 and ends on June 30 unless otherwise specified
under appropriate state or federal law.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1472, § 1, eff. Sept.
1, 1999.
§ 2308.005. APPLICATION OF SUNSET ACT. The Texas
Workforce Investment Council is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the council is abolished September 1, 2015.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.02(a), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1169, § 2.06, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 818, § 1.04, eff. Sept.
1, 2003.
§ 2308.006. APPLICATION OF PRIOR LAW. (a) If a change in
law made by House Bill 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), the Texas Workforce Investment Council may not operate
under that change in law but, instead, shall operate under the law
as it existed before September 1, 1999.
(b) A change in law described by Subsection (a) of this
section does not affect other related provisions or applications of
a statute that can be given effect without that change in law, and
to this end those other provisions and applications of the statute
shall be given effect.
Added by Acts 1999, 76th Leg., ch. 1472, § 2, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 818, § 1.05, eff. Sept. 1,
2003.
SUBCHAPTER B. COUNCIL MEMBERSHIP AND ADMINISTRATION
§ 2308.051. COUNCIL. (a) The council acts as a state
human resource investment council under the Job Training Reform
Amendments of 1992 (29 U.S.C. Section 1792 et seq.) and as a state
workforce investment board under the Workforce Investment Act of
1998 (Pub. L. No. 105-220).
(b) The council is attached for administrative purposes to
the office of the governor.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.03(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 3, eff. Sept. 1,
1999.
§ 2308.052. MEMBERSHIP. (a) The governor shall appoint
the members of the council as provided by this section.
(b) The council is composed of:
(1) three voting members who represent education, one
of whom represents local public education, one of whom represents
public postsecondary education, and one of whom represents
vocational education;
(2) five voting members who represent organized labor
appointed from recommendations made by recognized labor
organizations;
(3) five voting members who represent business and
industry, including business members serving on local workforce
development boards or private industry councils;
(4) one voting member who represents community-based
organizations; and
(5) the following ex officio voting members:
(A) the commissioner of education;
(B) the commissioner of higher education;
(C) the commissioner of human services;
(D) the executive director of the Texas
Department of Economic Development; and
(E) the executive director of the Texas Workforce
Commission.
(c) The membership of the council must represent the
geographic diversity of this state.
(d) A member of the council who represents a community-based
organization may not be a provider of services.
(e) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.04(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 4, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 818, § 2.01, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1170, § 48.01, eff. Sept. 1, 2003.
§ 2308.053. PRESIDING OFFICER. (a) The governor shall
designate one of the business or labor representatives on the
council as the presiding officer of the council to serve in that
capacity at the pleasure of the governor.
(b) The presiding officer of the council shall designate a
member of the council as assistant presiding officer to preside in
the absence of the presiding officer.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.02, eff.
Sept. 1, 2003.
§ 2308.054. TERMS. (a) A member of the council who does
not serve as an ex officio member serves a six-year term.
Approximately one-third of these members' terms expire in each
odd-numbered year.
(b) An ex officio member serves as a member of the council as
long as the member continues to serve in the designated office.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.03, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, § 48.02, eff.
Sept. 1, 2003.
§ 2308.055. DESIGNATED REPLACEMENTS. (a) A member of the
council may designate another person to attend a meeting for the
member.
(b) The designated person may participate in the activities
and discussions of the council but may not vote.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the council that a member who is not an ex officio
member:
(1) does not have at the time of appointment the
qualifications required by Section 2308.052;
(2) does not maintain during service on the council
the qualifications required by Section 2308.052;
(3) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term;
(4) is absent from more than one-fourth of the
regularly scheduled council meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the council's members; or
(5) is absent from two consecutive council meetings
for which the member received notice not less than 48 hours before
the time of the meeting.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the council of the ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the council, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.04, eff.
Sept. 1, 2003.
§ 2308.057. MEETINGS. The council shall meet at least
quarterly and at other times at the call of the presiding officer or
as provided by rules adopted by the council.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.058. SUBCOMMITTEES; TECHNICAL ADVISORY
COMMITTEES. (a) The presiding officer of the council may appoint
subcommittees consisting of members of the council for any purpose
consistent with the duties and responsibilities of the council
under this chapter.
(b) The presiding officer of the council may appoint
technical advisory committees composed of council members, persons
who are not council members, or both members and nonmembers.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.059. FISCAL AGENT. The office of the governor
shall serve as the council's fiscal agent.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.05, eff.
Sept. 1, 1997.
§ 2308.060. EXECUTIVE DIRECTOR. (a) The presiding
officer of the council shall appoint an executive director of the
council.
(b) The executive director shall:
(1) report to the presiding officer of the council;
(2) perform duties assigned by the council and under
state law;
(3) administer the daily operations of the council;
(4) appoint officers, accountants, attorneys,
experts, and other employees for the council and assign duties for
these employees to perform the council's powers and duties under
this chapter; and
(5) delegate authority to persons appointed under this
section as the executive director considers to be reasonable and
proper for the effective administration of the council.
(c) The executive director shall adopt the administrative
and personnel procedures of the council's fiscal agent.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.06(a), eff.
Sept. 1, 1997.
§ 2308.061. STAFF. (a) The council shall have an
independent staff with expertise sufficient to perform all duties
and responsibilities of the council.
(b) The staff may be supplemented by staff from other state
agencies who are temporarily assigned to assist with special
projects.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.065. FUNDING. (a) Federal funding for the
operation of the council shall be allocated according to federal
requirements.
(b) A state agency represented on the council shall provide
funds for the support of the council in proportion to the agency's
financial participation in the workforce development system. The
council, with the governor's approval, shall establish a funding
formula to determine the level of support each agency must provide.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 704, § 1, eff. Sept.
1, 2001.
SUBCHAPTER C. COUNCIL DUTIES AND POWERS
§ 2308.101. GENERAL DUTIES. (a) The council shall:
(1) promote the development of a well-educated, highly
skilled workforce in this state;
(2) advocate the development of an integrated
workforce development system to provide quality services
addressing the needs of business and workers in this state;
(3) recommend to the governor the designation or
redesignation of workforce development areas for the local planning
and delivery of workforce development;
(4) identify and recommend to the governor incentives
to encourage the consolidation, on a regional labor market basis,
of:
(A) local boards, councils, and committees; and
(B) service delivery areas authorized under
federal workforce legislation;
(5) review plans for local workforce development and
make recommendations to the governor for approval;
(6) evaluate the effectiveness of the workforce
development system;
(7) use the administrative records of the state's
unemployment compensation program and other sources as appropriate
in evaluating the workforce development system;
(8) encourage, support, or develop research and
demonstration projects designed to develop new programs and
approaches to service delivery;
(9) recommend measures to ensure that occupational
skills training is:
(A) provided in occupations that are locally in
demand; and
(B) directed toward high-skill and high-wage
jobs;
(10) monitor the operation of the state's workforce
development system to assess the degree to which the system is
effective in achieving state and local goals and objectives;
(11) develop and recommend to the governor criteria
for the establishment of local workforce development boards;
(12) carry out the federal and state duties and
responsibilities of advisory councils under applicable federal and
state workforce development laws or regulations;
(13) report periodically to the governor and the
legislature; and
(14) provide annual reports to the governor and the
legislature, including an annual report analyzing work development
programs that focus on welfare to work initiatives.
(b) The council shall provide the information required to be
reported under Subsections (a)(13) and (14) and Section 2308.104(a)
to the Texas Workforce Commission. The Texas Workforce Commission
shall include information provided under this subsection that
relates to the administration and operation of the state's
workforce development system with other information the commission
provides to the public on the Internet.
(c) The members of the council shall develop and implement
policies that:
(1) clearly separate:
(A) the policy-making responsibilities of the
members of the council; and
(B) the management responsibilities of the
executive director and the staff of the council; and
(2) provide the public with a reasonable opportunity
to appear before the council and to speak on any issue under the
jurisdiction of the council.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.07(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 5, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 704, § 2, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 818, § 3.01, eff. Sept. 1, 2003.
§ 2308.1015. DUTY TO FACILITATE DELIVERY OF INTEGRATED
WORKFORCE SERVICES. (a) To facilitate the seamless delivery of
integrated workforce services in this state, the council shall:
(1) evaluate programs administered by agencies
represented on the council to identify:
(A) any duplication of or gaps in the services
provided by those programs; and
(B) any other problems that adversely affect the
seamless delivery of those services; and
(2) develop and implement immediate and long-range
strategies to address problems identified by the council under
Subdivision (1).
(b) The council shall include in the council's annual report
to the governor and to the legislature:
(1) a list of specific problems identified by the
council under Subsection (a) to be addressed by the council in the
following year; and
(2) the results of any measures taken by the council to
address problems identified by the council under Subsection (a).
(c) The long-range strategies developed by the council
under Subsection (a) must:
(1) identify each agency represented on the council
that is responsible for implementing each strategy; and
(2) include a time frame for the implementation of
each strategy.
Added by Acts 2003, 78th Leg., ch. 818, § 3.02, eff. Sept. 1,
2003.
§ 2308.1016. DUTY TO FACILITATE DELIVERY OF INTEGRATED
ADULT EDUCATION AND LITERACY SERVICES. (a) In addition to any duty
imposed under this subchapter, to facilitate the efficient delivery
of integrated adult education and literacy services in this state,
the council shall:
(1) evaluate adult education and literacy programs
administered by the Texas Education Agency and the Texas Workforce
Commission to identify:
(A) any duplication of planning by those agencies
at the state and local level;
(B) any lack of adequate client information
sharing between those agencies; and
(C) any other problems that adversely affect the
delivery of those programs by the agencies;
(2) develop and implement immediate and long-range
strategies to address problems identified by the council under
Subdivision (1); and
(3) develop a system to monitor and evaluate the wage
and employment outcomes of students who participate in the adult
education and literacy programs administered by the Texas Education
Agency, including students referred to the programs by the Texas
Workforce Commission or local workforce development boards, to
ensure the effectiveness of the programs in improving the
employment-related outcomes of the students.
(b) The council shall include in the council's annual report
to the governor and to the legislature:
(1) a list of specific problems identified by the
council under Subsection (a) to be addressed by the council in the
following year; and
(2) the results of any measures taken by the council to
address problems identified by the council under Subsection (a).
(c) The long-range strategies developed by the council
under Subsection (a) must:
(1) identify the agency responsible for implementing
each strategy; and
(2) include a schedule for the implementation of each
strategy.
Acts 2003, 78th Leg., ch. 817, § 5.04, eff. Sept. 1, 2003.
§ 2308.102. ASSUMPTION OF DUTIES AND RESPONSIBILITIES.
Text of section as amended by Acts 2003, 78th Leg., ch. 110, § 2
(a) The council shall assume the duty to:
(1) develop, with the assistance of each appropriate
state agency, recommend to the governor, and report to the
legislature state plans required by applicable federal law in order
for the state to receive federal funds;
(2) make policy recommendations to the governor and
the legislature on goals and priorities for formula and
discretionary funds for all applicable programs;
(3) participate directly in the development of the
state plan for career and technology education, as required by law,
and recommend the plan to the Texas Education Agency;
(4) ensure that general revenue funds previously
available to the Texas Literacy Council are used to support the
efforts of local literacy councils in a manner consistent with the
state strategic plan;
(5) recommend to the State Board for Career and
Technology Education the division of federal funds between
secondary and postsecondary educational agencies under the Carl D.
Perkins Vocational and Applied Technology Education Act (20 U.S.C.
Section 2301 et seq.); and
(6) make recommendations to the Texas Workforce
Commission on unemployment insurance issues pertinent to the
responsibilities of the council.
(b) The council shall assume the responsibilities assigned
to the state advisory council under the following federal laws:
(1) the Job Training Partnership Act (29 U.S.C.
Section 1501 et seq.);
(2) the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. Section 2301 et seq.);
(3) the Adult Education Act (20 U.S.C. Section 1201 et
seq.);
(4) the Wagner-Peyser Act (29 U.S.C. Section 49 et
seq.);
(5) Part F, Subchapter IV, Social Security Act (42
U.S.C. Section 681 et seq.);
(6) the employment program established under Section
6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)); and
(7) the National Literacy Act of 1991 (20 U.S.C.
Section 1201 et seq.).
(c) The council shall assume the responsibilities formerly
exercised by the following state advisory councils and committees:
(1) the State Job Training Coordinating Council;
(2) the Texas Council on Vocational Education;
(3) the Texas Literacy Council; and
(4) the Apprenticeship and Training Advisory
Committee.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.08(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 6, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1420, § 9.014(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 110, § 2, eff. Sept. 1, 2003.
For text of section as amended by Acts 2003, 78th Leg., ch. 818,
§ 3.03, see § 2308.102, post.
§ 2308.102. ASSUMPTION OF DUTIES AND RESPONSIBILITIES.
Text of section as amended by Acts 2003, 78th Leg., ch. 818, §
3.03
(a) The council shall assume the duty to:
(1) develop, with the assistance of each appropriate
state agency, recommend to the governor, and report to the
legislature state plans required by applicable federal law in order
for the state to receive federal funds;
(2) make policy recommendations to the governor and
the legislature on goals and priorities for formula and
discretionary funds for all applicable programs; and
(3) make recommendations to the Texas Workforce Commission
on unemployment insurance issues pertinent to the responsibilities
of the council.
(b) The council shall assume the responsibilities formerly
exercised by the Apprenticeship and Training Advisory Committee.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.08(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 6, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1420, § 9.014(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 818, § 3.03, eff. Sept. 1, 2003.
For text of section as amended by Acts 2003, 78th Leg., ch. 110,
§ 2, see § 2308.102, ante.
§ 2308.103. ADDITIONAL POWERS AND LIMITATIONS. (a) The
council may:
(1) adopt rules essential to the internal functions
and duties of the council;
(2) make expenditures, enter into contracts with
public, private, and nonprofit organizations or agencies, require
reports to be made, conduct investigations, and take other actions
necessary or suitable to fulfill the council's duties under this
chapter;
(3) delegate to the executive director any power or
duty imposed on the council by law, including the authority to make
a final order or decision;
(4) provide for the mediation or arbitration of
disputes between agencies that perform functions for state and
federal programs as provided by this chapter;
(5) accept gifts, grants, and donations of money,
goods, or services to be used only to accomplish the council's
duties under this chapter; and
(6) share employees with another state agency.
(b) The council may not:
(1) adopt rules related to the operation of workforce
development; or
(2) delegate to the executive director the authority
to adopt rules.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.104. STRATEGIC PLAN. (a) The council shall
develop and recommend to the governor and report to the legislature
a single strategic plan that establishes the framework for the
budgeting and operation of the workforce development system,
including school to careers and welfare to work components,
administered by agencies represented on the council. The council
shall annually report to the governor and the legislature on the
implementation of the strategic plan.
(b) The council shall engage in strategic planning by
selecting or developing two types of performance measures as
described by Subsections (c) and (d). To the fullest extent
possible, all measures must be selected from those already
developed and approved before September 1, 2001, by one or more
state agencies that administer workforce programs. The council may
develop a new measure only if the council:
(1) identifies a gap in accountability; or
(2) determines that at least one state agency
administering a workforce program cannot report under the measures
developed and approved before September 1, 2001.
(c) The first type of performance measure consists of formal
measures identifying outcomes that are essentially consistent
across all workforce programs. Job placement rates, job retention
rates, and wage rates may be included among those measures. The
council may develop or select not more than five formal measures.
The council shall develop or select each formal measure in
consultation with the state agencies required to report under this
subsection. Once approved by the governor and the Legislative
Budget Board, a formal measure becomes part of the state's
performance budget and accounting system and applies to each state
agency that administers a workforce program.
(d) The second type of performance measure consists of less
formal measures to provide information determined by the council to
be essential in development of the strategic plan under this
section. Employer participation rates, customer satisfaction
levels, and educational attainment may be included among those
measures. The council shall develop or select each less formal
measure with the approval of the governor and in consultation with
the state agencies required to report under this subsection. The
Legislative Budget Board shall provide technical assistance to the
council to ensure that the measures and associated reporting
criteria are consistent with the state's performance budget and
accounting system. The council may exempt a state agency that
administers a workforce program from any requirement to use a less
formal measure.
(e) In addition to the other requirements of this chapter,
the strategic plan recommended by the council must recognize and
address literacy and basic education as activities that are
critical to the well-being of individuals and the state without
regard to whether the training and education is directed at
preparing an individual for employment.
(f) The council shall include in the strategic plan goals,
objectives, and performance measures for the workforce development
system that involve programs of all state agencies that administer
workforce programs.
(g) On approval of the plan by the governor, an agency
administering a workforce program shall use the strategic plan to
develop the agency's operational plan.
(h) The council shall include in the strategic plan
long-range strategies developed by the council under Section
2308.1015 to facilitate the seamless delivery of integrated
workforce services in this state.
(i) The council shall include in the strategic plan the
long-range strategies developed by the council under Section
2308.1016 to facilitate the efficient delivery of integrated adult
education and literacy services in this state.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.07(b), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 7, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 704, § 3, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 817, § 5.05, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 818, § 3.04, eff. Sept. 1, 2003.
§ 2308.105. LOCAL SERVICE INTEGRATION. The governor,
with the council and the local workforce development boards, shall:
(1) identify specific barriers to integrated service
delivery at the local level;
(2) request waivers from federal and state
regulations; and
(3) advocate changes in federal and state laws to
promote local service integration.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.106. DIVISION ASSISTANCE. The division shall
assist a local workforce development board in designing effective
measures to accomplish the board's responsibilities under Section
2308.302.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(a), eff.
Sept. 1, 1997.
§ 2308.107. COMPLAINTS AGAINST COUNCIL. (a) The council
shall maintain a file on each written complaint filed with the
council. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the council;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the council closed the file without taking action other than to
investigate the complaint.
(b) The council shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the council's policies and procedures relating to complaint
investigation and resolution.
(c) The council, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 2003, 78th Leg., ch. 818, § 3.05, eff. Sept. 1,
2003.
§ 2308.108. POLICY ON TECHNOLOGICAL SOLUTIONS. The
members of the council shall develop and implement a policy
requiring the executive director and council employees to research
and propose appropriate technological solutions to improve the
council's ability to perform its functions. The technological
solutions must:
(1) ensure that:
(A) the public is able to easily find information
about the council on the Internet; and
(B) persons who want to use the council's
services are able to:
(i) interact with the council through the
Internet; and
(ii) access any service that can be
provided effectively through the Internet;
(2) be cost-effective; and
(3) be developed through the council's planning
processes.
Added by Acts 2003, 78th Leg., ch. 818, § 3.05, eff. Sept. 1,
2003.
SUBCHAPTER D. INFORMATION AND TRAINING
§ 2308.151. ESTABLISHMENT OF FUNDING FORMULA FOR
EVALUATION SYSTEM. The council shall establish, with the approval
of the governor, a funding formula to determine the level of support
each agency administering a workforce program must provide to
operate the automated follow-up and evaluation system administered
by the Texas Workforce Commission under Subchapter E, Chapter 302,
Labor Code.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1472, § 8, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 704, § 4, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 818, § 4.01, 4.02, 5.01, eff. Sept. 1,
2003.
§ 2308.158. COUNCIL TRAINING; STANDARDS OF CONDUCT
INFORMATION. (a) A person who is appointed to and qualifies for
office as a council member may not vote, deliberate, or be counted
as a member in attendance at a meeting of the council until the
person completes a training program that complies with this
section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) Each council member shall comply with the member
training requirements established by any other state agency that is
given authority to establish the requirements for the council.
(d) The executive director shall provide to the council's
members and employees, as often as necessary, information regarding
the requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state officers
and employees.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.05, eff.
Sept. 1, 2003.
§ 2308.159. STATE EMPLOYEE INCENTIVE PROGRAM INFORMATION
AND TRAINING. The executive director or the executive director's
designee shall provide to council employees information and
training on the benefits and methods of participation in the state
employee incentive program.
Added by Acts 2003, 78th Leg., ch. 818, § 3.06, eff. Sept. 1,
2003.
SUBCHAPTER E. COUNCIL RECOMMENDATIONS AND IMPLEMENTATION BY STATE
AGENCIES
§ 2308.201. DEVELOPMENT OF RECOMMENDATIONS. The council
shall develop recommendations periodically in each of the council's
areas of responsibility and shall submit the recommendations to the
governor.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.202. CONSIDERATION OF RECOMMENDATIONS BY THE
GOVERNOR. (a) The governor shall consider the recommendations
submitted under this subchapter.
(b) The governor shall approve, disapprove, or modify the
recommendations.
(c) The governor shall:
(1) return the recommendations to the council to be
forwarded as appropriate; or
(2) forward an approved or modified recommendation
without returning the recommendation to the council.
(d) A recommendation that is not approved, disapproved, or
modified by the governor before the 60th day after the date the
recommendation is submitted shall be considered approved by the
governor.
(e) A recommendation that is approved or modified shall be
forwarded to the appropriate agency for implementation.
(f) A recommendation that is approved or modified and that
requires a change in state or federal law shall be forwarded to the
appropriate legislative body for its consideration.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.203. ACTION BY STATE AGENCIES. (a) A state agency
that is responsible for the administration of human resources or
workforce development in this state shall implement a
recommendation under this subchapter if the recommendation does not
violate a federal or state law.
(b) A state agency shall:
(1) provide requested information to the council in a
timely manner;
(2) report on the implementation of the council's
recommendations at the time and in the format requested by the
council; and
(3) 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.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.11(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 12, eff. Sept.
1, 1999.
§ 2308.205. FUND AVAILABILITY AND SERVICES. A state
agency represented on the council shall provide to the council and
each local workforce development board an estimate of fund
availability and services provided by the state agency in each
local workforce development area.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.206. PROVISION OF SERVICES BY STATE AGENCIES. A
state agency represented on the council shall, consistent with
state and federal law, provide workforce training and services in
accordance with the local workforce development plan developed by
the local workforce development board and approved by the governor
and shall implement rules and policies consistent with the plan.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
SUBCHAPTER F. CREATION AND ADMINISTRATION OF LOCAL WORKFORCE
DEVELOPMENT AREAS AND LOCAL WORKFORCE DEVELOPMENT BOARDS
§ 2308.251. DEFINITIONS. In this subchapter:
(1) "Board" means a local workforce development board.
(2) "Veteran" means a person who:
(A) has served in:
(i) the army, navy, air force, coast guard,
or marine corps of the United States or the United States Public
Health Service under 42 U.S.C. Section 201 et seq., as amended;
(ii) the state military forces as defined
by Section 431.001; or
(iii) an auxiliary service of one of those
branches of the armed forces; and
(B) has been honorably discharged from the branch
of the service in which the person served.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1426, § 1, eff. Sept.
1, 2001.
§ 2308.2515. APPLICATION OF PRIOR LAW. (a) If a change in
law made by House Bill 3480, 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), a local workforce development board may not operate under
that change in law but, instead, shall operate under the law as it
existed before the effective date of this Act.
(b) A change in law described by Subsection (a) of this
section does not affect other related provisions or applications of
a statute that can be given effect without that change in law, and
to this end those other provisions and applications of the statute
shall be given effect.
Added by Acts 1999, 76th Leg., ch. 1103, § 1, eff. Sept. 1, 1999.
§ 2308.252. DESIGNATION OF WORKFORCE DEVELOPMENT
AREAS. (a) The governor shall, after receiving the
recommendations of the council, publish a proposed designation of
local workforce development areas for the planning and delivery of
workforce development.
(b) A local workforce development area:
(1) is composed of more than one contiguous unit of
general local government that includes at least one county;
(2) is consistent with either a local labor market
area, a metropolitan statistical area, one of the 24 substate
planning areas, or one of the 10 uniform state service regions; and
(3) is of a size sufficient to have the administrative
resources necessary to provide for the effective planning,
management, and delivery of workforce development.
(c) Units of general local government, business and labor
organizations, and other affected persons and organizations must be
given an opportunity to comment on and request revisions to the
proposed designation of a workforce development area.
(d) After considering all comments and requests for
changes, the governor shall make the final designation of workforce
development areas.
(e) The governor may redesignate workforce development
areas not more than once every two years. A redesignation must be
made not later than four months before the beginning of a program
year.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.253. CREATION OF LOCAL WORKFORCE DEVELOPMENT
BOARDS. (a) The chief elected officials in a workforce development
area may form, in accordance with rules established by the Texas
Workforce Commission, a local workforce development board to:
(1) plan and oversee the delivery of workforce
training and services; and
(2) evaluate workforce development in the workforce
development area.
(b) The authority granted under Subsection (a) does not give
a local workforce development board any direct authority or control
over workforce funds and programs in its workforce development
area, other than programs funded through that board.
(c) Before a local workforce development board may be
created, at least three-fourths of the chief elected officials in
the workforce development area who represent units of general local
government must agree to the creation of the board, including all of
the chief elected officials who represent units of general local
government that have populations of at least 200,000. The elected
officials who agree to the creation of the board must represent at
least 75 percent of the population of the workforce development
area.
(d) The chief elected officials shall consider the views of
all affected local organizations, including private industry
councils and quality workforce planning committees, before making a
final decision on the formation of a board.
(e) An agreement on the formation of a board must be in
writing and must include:
(1) the purpose for the agreement;
(2) the process to be used to select the chief elected
official who will act on behalf of the other chief elected
officials;
(3) the process to be used to keep the chief elected
officials informed regarding local workforce development
activities;
(4) the initial size of the board;
(5) how resources allocated to the local workforce
development area are to be shared among the parties to the
agreement;
(6) the process, consistent with applicable federal
and state law, for the appointment of the board members; and
(7) the terms of office of the board members.
(f) In a state planning area in which there is more than one
local workforce development area, the quality workforce planning
committee of that state planning area shall continue in existence
to provide labor market information for the entire state planning
area until local workforce development boards are certified in each
workforce development area in that state planning area.
(g) The chief elected officials designated under Subsection
(c) shall enter into a partnership agreement with the board to:
(1) select the grant recipient and the administrative
entity for the local workforce development area; and
(2) determine procedures for the development of the
local workforce development plan.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(b),
19.12(a), eff. Sept. 1, 1997.
§ 2308.254. LIMITATION ON EXERCISE OF BOARD POWERS. (a)
A power or duty granted a board under this chapter may not be
exercised in a workforce development area until:
(1) the chief elected officials in that area agree on
the establishment of a board as provided by Section 2308.253(c);
and
(2) the board is certified by the governor.
(b) A private industry council in an area in which a board is
not created or in which the chief elective officers are unable to
agree on the establishment of a board may not exercise any of the
powers granted a board by this chapter, except for a power granted
under the federal Job Training Partnership Act (29 U.S.C. Section
1501 et seq.).
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.12(b), eff.
Sept. 1, 1997.
§ 2308.255. APPOINTMENT OF BOARD; LIABILITY OF BOARD
MEMBERS. (a) The chief elected officials shall appoint the board.
(b) The appointments must:
(1) be consistent with the local government agreement
and applicable federal and state law; and
(2) reflect the ethnic and geographic diversity of the
workforce development area.
(c) To provide continuity, the chief elected officials
shall consider appointing persons to the local workforce
development board who are serving or who have served previously on a
private industry council, a quality workforce planning committee, a
job service employer committee, and any other entity affected by
this chapter.
(d) Board members serve fixed and staggered terms as
provided by the local government agreement or applicable federal or
state law and may continue to serve until successors are appointed.
(e) A member or former member of a board may not be held
personally liable for a claim, damage, loss, or repayment
obligation of federal or state funds that arises under this chapter
unless the act or omission that causes the claim, damage, loss, or
repayment obligation constitutes, on the part of the board member
or former board member:
(1) official misconduct;
(2) wilful disregard of the requirements of this
chapter; or
(3) gross negligence.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.12(c), (d)
eff. Sept. 1, 1997.
§ 2308.256. BOARD MEMBERSHIP. (a) A board is composed as
follows:
(1) representatives of the private sector, who:
(A) constitute a majority of the membership of
the board; and
(B) are owners of business concerns, chief
executives or chief operating officers of nongovernmental
employers, or other private sector executives who have substantial
management or policy responsibilities;
(2) representatives of organized labor and
community-based organizations, who constitute not less than 15
percent of the membership of the board; and
(3) representatives of each of the following:
(A) educational agencies, including community
colleges and secondary and postsecondary practitioners
representing vocational education, that are representative of all
educational agencies in the service delivery area;
(B) vocational rehabilitation agencies;
(C) public assistance agencies;
(D) economic development agencies;
(E) the public employment service;
(F) local literacy councils; and
(G) adult basic and continuing education
organizations.
(b) Private sector representatives on the board are
selected from individuals nominated by general-purpose business
organizations that have consulted with and received
recommendations from other business organizations in the workforce
development area. The nominations and the individuals selected from
the nominations must reasonably represent the industrial and
demographic composition of the business community. Not less than
one-half of the business and industry representatives must be, if
possible, representatives of small businesses, including minority
businesses.
(c) The education representatives on the board are selected
from individuals nominated by regional or local educational
agencies, vocational education institutions, institutions of
higher education, including entities offering adult education, and
general organizations of the institutions within the workforce
development area.
(d) The labor representatives on the board are selected from
individuals recommended by recognized state and local labor
federations. If a state or local labor federation does not nominate
a number of individuals sufficient to meet the labor representation
requirements of Subsection (a)(2), individual workers may be
included on the council to complete the labor representation.
(e) The remaining members of the board are selected from
individuals recommended by interested organizations.
(f) In this section:
(1) "General-purpose business organization" means an
organization that admits for membership any for-profit business
operating within the workforce development area.
(2) "Small business" means a private, for-profit
enterprise that employs not more than 500 employees.
(g) At least one of the members of a board appointed under
Subsection (a) must, in addition to the qualifications required for
the member under that subsection, have expertise in child care or
early childhood education.
(h) At least one of the members of a board appointed under
Subsection (a) must be a veteran who:
(1) meets the qualifications required for the member
under that subsection; and
(2) serves as a representative on the board for the
interests of veterans in the workforce development area.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 340, § 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 1103, § 2, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1426, § 2, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1142, § 1, eff. June 20, 2003; Acts 2005,
79th Leg., ch. 511, § 1, eff. Sept. 1, 2005.
§ 2308.257. RECUSAL. (a) A member of a board shall avoid
the appearance of conflict of interest by not voting in, or
participating in, any decision by the board regarding the provision
of services by such member, or any organization which that member
directly represents, or on any matter which would provide direct
financial benefit to that member, the member's immediate family, or
any organization which that member directly represents.
(b) Subsection (a) shall serve as a minimum standard and
shall not be construed as to limit the board's authority for more
restrictive governance to prevent real and/or apparent conflict of
interest.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1004, § 6, eff. Sept.
1, 2001.
§ 2308.258. PRESIDING OFFICER. The presiding officer of
a board is selected from the members of the board who represent the
private sector.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.259. BOARD COMMITTEES. A board may create
committees as needed to carry out its duties and responsibilities.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.260. TECHNICAL ADVISORY GROUPS. A board may
create technical advisory groups composed of both council and
noncouncil members to provide assistance to the board.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.261. CERTIFICATION OF BOARD. (a) The governor
shall certify a board on determining that the board's composition
is consistent with applicable federal and state law and
requirements and meets established state criteria.
(b) The governor shall certify or deny certification not
later than the 30th day after the date a certification request is
submitted to the governor.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.262. BUDGET. A board shall adopt a budget for the
board that must be included in the local workforce development plan
submitted to the division.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.13(a), eff.
Sept. 1, 1997.
§ 2308.263. APPROVAL OF FISCAL AGENT. (a) The Texas
Workforce Commission must approve the fiscal agent selected by a
board before any federal or state workforce development funds may
be disbursed to the board.
(b) The commission shall base its approval on an audit of
the financial capability of the fiscal agent to ensure that fiscal
controls and fund accounting procedures necessary to guarantee the
proper disbursal of and accounting for federal and state funds are
in place.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.14, eff.
Sept. 1, 1997.
§ 2308.264. CONTRACTING FOR SERVICE DELIVERY. (a) Except
as otherwise provided by this section, a board may not directly
provide workforce training or one-stop workforce services.
(b) A board may request from the Texas Workforce Commission
a waiver of Subsection (a).
(c) The request for a waiver must include a detailed
justification based on the lack of an existing qualified
alternative for delivery of workforce training and services in the
workforce development area.
(d) If a board receives a waiver to provide workforce
training and one-stop workforce services, the evaluation of results
and outcomes is provided by the Texas Workforce Commission.
(e) In consultation with local workforce development
boards, the Texas Workforce Commission by rule shall establish
contracting guidelines for boards under this section, including
guidelines designed to:
(1) ensure that each independent contractor that
contracts to provide one-stop workforce services under this section
has sufficient insurance, bonding, and liability coverage for the
overall financial security of one-stop workforce services funds and
operations;
(2) prevent potential conflicts of interest between
boards and entities that contract with boards under this section;
(3) ensure that if a board acts as a fiscal agent for
an entity that contracts with the board to provide one-stop
workforce services, the board does not deliver the services or
determine eligibility for the services; and
(4) ensure that an entity that contracts with a board
under this section may use, display, and advertise the entity's
name when providing workforce services for the board.
(f) The Texas Workforce Commission shall ensure that each
board complies with this section and may approve a local plan under
Section 2308.304 only if the plan complies with this section.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 817, § 4.01, eff.
Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1350, § 1, eff. June 18,
2005.
§ 2308.265. INCENTIVES AND WAIVERS. (a) A board
certified by the governor is eligible for incentives and program
waivers to promote and support integrated planning and evaluation
of workforce development.
(b) To the extent feasible under federal and state workforce
development law, incentives include priority for discretionary
funding, including financial incentives for the consolidation of
service delivery areas authorized under the federal Job Training
Partnership Act (29 U.S.C. Section 1501 et seq.).
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.266. NONPROFIT STATUS; ABILITY TO SOLICIT
FUNDS. (a) A board may apply for and receive a charter as a
private, nonprofit corporation under the laws of this state and may
choose to be recognized as a Section 501(c)(3) organization under
the Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)).
(b) In addition to receiving funds specified in this
chapter, a board may solicit additional funds from other public and
private sources.
(c) A board may not solicit or accept money from an entity
with which the board contracts for the delivery of services.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.267. STAFF. (a) A board may employ professional,
technical, and support staff to carry out its planning, oversight,
and evaluation functions.
(b) A board's staff shall be separate from and independent
of any organization providing workforce education or workforce
training and services in the workforce development area. A board's
staff may not direct or control the staffing of any entity providing
one-stop workforce services.
(c) The requirement for separate staffing does not preclude
a board from designating a qualified organization to provide staff
services to the board if the board:
(1) arranges for independent evaluation of any other
workforce services provided by the staffing organization; and
(2) requests and obtains from the Texas Workforce
Commission a waiver of the separate staffing requirement and of the
requirement under Section 2308.264(a).
(d) A request for a waiver under Subsection (c)(2) must
contain a detailed justification for the waiver, including:
(1) cost-effectiveness;
(2) prior experience;
(3) geographic or budgetary considerations; and
(4) availability of qualified applicants.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.13(b), eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 817, § 4.02, eff. Sept.
1, 2003.
§ 2308.268. ASSISTANCE AND SANCTIONS FOR
NONPERFORMANCE. (a) The council shall provide technical
assistance to local workforce development areas that do not meet
performance standards established under this chapter and other
applicable federal and state law.
(b) If a local workforce development area does not meet
performance standards for two consecutive program years, the
council shall develop and impose a reorganization plan that may
include:
(1) restructuring the board;
(2) prohibiting the use of designated service
providers, including state agencies; and
(3) merging the local workforce development area with
another area.
(c) If nonperformance is directly attributable to a
specific state agency, the council may select an alternative
provider.
(d) A local workforce development area that is the subject
of a reorganization plan may appeal to the governor to rescind or
revise the plan not later than the 30th day after the date of
receiving notice of the plan.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.269. SANCTIONS FOR LACK OF FISCAL
ACCOUNTABILITY. If, as a result of financial and compliance audits
or for another reason, the Texas Workforce Commission finds a
substantial violation of a specific provision of this chapter or
another federal or state law or regulation and corrective action
has not been taken, the council shall:
(1) issue a notice of intent to revoke all or part of
the affected local plan;
(2) issue a notice of intent to cease immediately
reimbursement of local program costs; or
(3) impose a reorganization plan under Section
2308.268 for the local workforce development area.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.15, eff.
Sept. 1, 1997.
SUBCHAPTER G. RESPONSIBILITIES AND DUTIES OF LOCAL WORKFORCE
DEVELOPMENT BOARDS
§ 2308.301. DEFINITIONS. In this subchapter:
(1) "Board" means a local workforce development board.
(2) "Commission" means the Texas Workforce
Commission.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1420, § 9.016(a),
eff. Sept. 1, 2001.
§ 2308.302. RESPONSIBILITY OF BOARD. (a) A board is
directly responsible and accountable to the division for the
planning and oversight of all workforce training and services and
the evaluation of all workforce development programs in the
workforce development area. A board shall ensure effective
outcomes consistent with statewide goals, objectives, and
performance standards approved by the governor.
(b) A board is directly responsible to the division for the
operational planning and administration of all workforce training
and services funded through the Texas Workforce Commission to the
local area.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(c), eff.
Sept. 1, 1997.
§ 2308.303. BOARD DUTIES. (a) A board shall:
(1) serve as a single point of contact for local
businesses to communicate their skill needs and to influence the
direction of all workforce development programs in the workforce
development area;
(2) serve as a private industry council under the Job
Training Partnership Act (29 U.S.C. Section 1501 et seq.);
(3) develop a local plan to address the workforce
development needs of the workforce development area that:
(A) is responsive to the goals, objectives, and
performance standards established by the governor;
(B) targets services to meet local needs,
including the identification of industries and employers likely to
employ workers who complete job training programs; and
(C) ensures that the workforce development
system, including the educational system, has the flexibility to
meet the needs of local businesses;
(4) designate the board or another entity as the
board's fiscal agent to be responsible and accountable for the
management of all workforce development funds available to the
board;
(5) create local career development centers under
Section 2308.312;
(6) review plans for workforce education to ensure
that the plans address the needs of local businesses and recommend
appropriate changes in the delivery of education services;
(7) assume the functions and responsibilities of local
workforce development advisory boards, councils, and committees
authorized by federal or state law, including private industry
councils, quality workforce planning committees, job service
employer committees, and local general vocational program advisory
committees;
(8) monitor and evaluate the effectiveness of the
career development centers, state agencies and other contractors
providing workforce training and services, and vocational and
technical education programs operated by local education agencies
and institutions of higher education to ensure that performance is
consistent with state and local goals and objectives; and
(9) promote cooperation and coordination among public
organizations, community organizations, charitable organizations,
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.
(b) The board shall ensure that employment services are
provided for persons seeking employment in the local workforce
development area. The board shall contract with an appropriate
entity for the provision of services, or, if all necessary waivers
are granted, the board may provide the services directly.
(c) In performing its duties under this section, a board may
provide to the division relevant labor market information and
information regarding the availability of existing workforce
development.
(d) A provider must respond to a change recommended by a
board under Subsection (a)(6) not later than the 30th day after the
date the provider receives the recommendation.
(e) A board shall educate the public about the plumbing
profession and the resources available to employers for the
recruitment and training of plumbers as provided by Section
1301.652, Occupations Code.
(f) These educational efforts may be conducted to the extent
that the plumbing profession is designated as an occupation in
demand by a board.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(d), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 401, § 2, eff. Aug. 30,
1999; Acts 1999, 76th Leg., ch. 1472, § 13, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 819, § 28, eff. Sept. 1, 2003.
§ 2308.3035. COMPONENTS OF LOCAL WORKFORCE DEVELOPMENT
SYSTEM. The local workforce development system is composed of two
major components as follows:
(1) an employer services component that provides labor
market information and services and other services as appropriate
to local employers; and
(2) an integrated service delivery system composed of
a network of career development centers that serve the people of
this state based on a "one-stop for service" approach and supported
by electronic access to comprehensive labor market information.
Added by Acts 1997, 75th Leg., ch. 165, § 19.18(a), eff. Sept. 1,
1997.
§ 2308.304. LOCAL PLAN. (a) A board shall adopt a single
plan that includes the components specified in this section.
(b) The plan must include a strategic component that:
(1) assesses the labor market needs of the local
workforce development area;
(2) identifies existing workforce development
programs;
(3) evaluates the effectiveness of existing programs
and services; and
(4) sets broad goals and objectives for all workforce
development programs in the local area consistent with statewide
goals, objectives, and performance standards.
(c) The plan must include an operational component that
specifies how all of the resources available to the local workforce
development area from the Texas Workforce Commission will be used
to achieve the goals and objectives of the plan for the area. At a
minimum, this component must establish:
(1) the goals, objectives, and performance measures to
be used in overseeing and evaluating the operation of all workforce
training and services;
(2) the segments of the population targeted for
various services;
(3) the mix of services to be provided and how those
services are to be provided; and
(4) the structure of the local service delivery
system.
(d) Program resources included in the operational component
are:
(1) job training programs funded under the Job
Training Partnership Act (29 U.S.C. Section 1501 et seq.);
(2) postsecondary vocational and technical job
training programs that are not part of approved courses or programs
that lead to licensing, certification, or an associate degree under
Chapters 61, 130, and 135, or Subchapter E, Chapter 88, Education
Code;
(3) adult education programs under Subchapter H,
Chapter 29, Education Code;
(4) employment services programs;
(5) literacy funds available to the state under the
National Literacy Act of 1991 (20 U.S.C. Section 1201 et seq.);
(6) the job opportunities and basic skills program
under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
682); and
(7) the food stamp employment and training program
authorized under 7 U.S.C. Section 2015(d).
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.16(a), eff.
Sept. 1, 1997.
§ 2308.305. USE OF LABOR MARKET INFORMATION SYSTEM. A
board shall review, verify, modify, and use local labor market
information developed through the state's labor market information
system to identify, by occupation, the labor demand by employers in
each workforce development area.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.17(a), eff.
Sept. 1, 1997.
§ 2308.306. REPORT. A board shall periodically provide a
report summarizing by occupation the labor demand to:
(1) each public postsecondary institution providing
vocational and technical education; and
(2) each entity under contract to the board to provide
workforce training and services in a workforce development area.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.307. FILLING EDUCATIONAL NEEDS. (a) If a need in
the availability of workforce education is indicated by the labor
market information system provided by the board, by a direct
request of employers located in the workforce area, or as the result
of economic development incentives designed to attract or retain an
employer, an institution may apply to the Texas Higher Education
Coordinating Board for approval to offer the needed workforce
education.
(b) An institution that desires to provide the needed
workforce education must apply to the coordinating board not later
than the 30th day after the date the need is identified.
(c) The coordinating board shall give immediate priority to
the institution's application and shall notify the institution of
the board's approval or disapproval not later than the 100th day
after the date the application is received.
(d) If more than one institution in a workforce development
area applies to provide the needed workforce education, the
coordinating board shall select one or more institutions to offer
the needed education as provided by Section 61.051, Education Code.
(e) If an institution approved by the coordinating board
does not offer the approved workforce education in a timely manner,
a board may solicit another qualified provider to apply to the
coordinating board to provide needed education to be funded through
state-appropriated formula funds.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.308. PUBLIC COMMUNITY COLLEGE. A public community
college shall promptly provide workforce training and services that
are requested:
(1) by a board if the need for the training and
services is based on the labor market information system available
for the area;
(2) by employers located in the college's taxing
district when the request is presented directly to the college by
the employers or through the board; or
(3) as part of economic development incentives
designed to attract or retain an employer, including incentives
offered under the skills development fund program under Chapter
303, Labor Code.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.17(b), eff.
Sept. 1, 1997; Acts 2005, 79th Leg., ch. 1115, § 7, eff. June 18,
2005.
§ 2308.309. INSTITUTION OF HIGHER EDUCATION. (a) An
institution of higher education that has local taxing authority and
is governed by a locally elected board of trustees is the primary
provider of local workforce training and services that are needed
by an employer within the taxing district and funded fully or in
part by local funds, except in Cameron, McLennan, and Potter
counties, or by technical vocational funds administered by the
Texas Higher Education Coordinating Board.
(b) A board shall select another qualified local or
statewide provider if the local institution does not promptly
provide locally needed workforce training and services.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.310. CERTAIN EDUCATIONAL SERVICES NOT
PROHIBITED. This subchapter does not prohibit an institution of
higher education from offering workforce education or workforce
training and services that:
(1) are needed by an employer located in the
institution's taxing district and that meet all applicable
standards; or
(2) have been approved under applicable law and that
are reviewed by the Texas Higher Education Coordinating Board.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.311. LIST OF PUBLICLY FUNDED PROGRAMS AND
CLASSES. (a) Each local education agency and public or private
postsecondary educational institution shall provide the board in
its area a list of all vocational-technical programs and classes
the agency or institution offers that are funded by state or federal
funds.
(b) A board, with the assistance of the labor demand
occupation report, shall evaluate the supply of
vocational-technical programs in relation to the demand for the
programs and report any discrepancies between supply and demand to
the appropriate educational institution, the Central Education
Agency, the Texas Higher Education Coordinating Board, the council,
and the Legislative Budget Board.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.
§ 2308.312. CAREER DEVELOPMENT CENTERS. (a) A board
shall establish career development centers accessible to students,
workers, and persons formerly sentenced to the institutional
division or state jail division of the Texas Department of Criminal
Justice throughout the workforce development area. The board shall
establish the centers not later than the 180th day after the date
the board is certified.
(b) Each center shall provide access to information and
services available in the workforce development area, including
employment services, and shall address the individual needs of
students, workers, and persons formerly sentenced to the
institutional division or state jail division.
(c) The services must include:
(1) labor market information, including:
(A) available job openings; and
(B) education and training opportunities in the
local area, in the state, and, as feasible, in the nation;
(2) uniform eligibility requirements and application
procedures for all workforce training and services;
(3) independent assessment of individual needs and the
development of an individual service strategy;
(4) centralized and continuous case management and
counseling;
(5) individual referral for services, including basic
education, classroom skills training, on-the-job training, and
customized training;
(6) support services, including child care
assistance, student loans, and other forms of financial assistance
required to participate in and complete training; and
(7) job training and employment assistance for persons
formerly sentenced to the institutional division or state jail
division, provided in cooperation with Project RIO.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.18(b), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 8.23(a), eff.
Sept. 1, 1999.
§ 2308.3121. SERVICE PROVIDER LIMITATION; WAIVER. (a)
Except as provided by Subsection (b), a person who provides
one-stop services may not also provide developmental services such
as basic education and skills training.
(b) The division may develop a waiver process for a person
subject to Subsection (a). A request for a waiver must include a
detailed justification based on the lack of an existing qualified
alternative for delivery of developmental services in the
applicable workforce development area.
Added by Acts 1997, 75th Leg., ch. 165, § 19.18(c), eff. Sept. 1,
1997.
§ 2308.3122. UNEMPLOYMENT INSURANCE CLAIMS. In
cooperation with the boards, the Texas Workforce Commission shall
provide for the filing of unemployment insurance claims through
career development centers in each local workforce development
area.
Added by Acts 1997, 75th Leg., ch. 165, § 19.18(c), eff. Sept. 1,
1997.
§ 2308.313. RIGHT TO KNOW. A career development center
shall provide to each person, before the person participates in a
vocational or technical training program, a document that informs
the person of:
(1) current employment prospects;
(2) the current wage level for a person who completes
the vocational or technical training program in which the person is
considering participating; and
(3) the most recent information available on the
performance of institutions that provide that training in the local
workforce development area.
Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.18(d), eff.
Sept. 1, 1997.
§ 2308.314. TAX ASSISTANCE. (a) The Texas Workforce
Commission may provide to individuals who participate in a
workforce development program information on the federal earned
income tax credit for working families. The commission may assist
participants in preparing and filing federal income tax forms to
ensure that a participant who is eligible to receive the tax credit
obtains the tax credit. The commission may fulfill its duties under
this subsection by:
(1) working in conjunction with the Internal Revenue
Service to make each workforce development center a volunteer
income tax assistance site during the two months preceding the date
federal income taxes are due; or
(2) using specially trained staff or volunteers to
assist in preparing and filing federal income tax forms.
(b) The Texas Workforce Commission may provide information
on the federal earned income tax credit to an employer who hires a
welfare recipient under a wage supplementation program.
(c) In addition to providing information under Subsection
(a) to an individual who participates in a workforce development
program, the Texas Workforce Commission may provide the information
to any other person who uses services provided through a workforce
development center.
(d) In this section:
(1) "Wage supplementation program" means a program
under which the state reserves all or part of the amounts that would
be payable as benefits to welfare recipients and uses those amounts
to provide and subsidize jobs for the recipients.
(2) "Welfare recipient" means a person who receives
financial assistance under Chapter 31, Human Resources Code, or
food stamps under the food stamp program administered under Chapter
33, Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 1321, § 1, eff. Sept. 1, 1997.
§ 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. Each
board shall establish graduated reimbursement rates for child care
based on the Texas Workforce Commission's designated vendor
program. The minimum reimbursement rate for designated vendors
must be at least five percent greater than the maximum rate
established for nondesignated vendors for the same category of
care. The designated vendor rate differential established in this
section shall be funded with federal child care development funds
dedicated to quality improvement activities.
Added by Acts 1999, 76th Leg., ch. 1576, § 1, eff. Sept. 1, 1999.
§ 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS
FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board shall
allocate a portion of the board's federal child care development
funds dedicated to quality improvement activities to a competitive
procurement process for a system for quality child care for
children under four years of age that encourages child care
providers to voluntarily meet the criteria of the Texas Workforce
Commission's designated vendor program or national accreditation.
In allocating funds under this section, special consideration shall
be given to funding child care for children under four years of age
in low-income communities. This section may not be interpreted to
limit parental choice.
Added by Acts 1999, 76th Leg., ch. 1576, § 1, eff. Sept. 1, 1999.
§ 2308.3165. SCOPE OF CHILD CARE SERVICES. In addition
to other programs approved by a board or permitted by another law, a
child who is otherwise eligible for child care services funded by a
board is eligible to receive the services while the child is
enrolled in a federal Head Start program or in after-school care
provided at a school.
Added by Acts 2001, 77th Leg., ch. 1142, § 1, eff. Sept. 1, 2001.
§ 2308.317. EXPENDITURES FOR CERTAIN CHILD CARE QUALITY
IMPROVEMENT ACTIVITIES. (a) Notwithstanding any other law, the
Texas Workforce Commission shall ensure that, to the extent federal
child care development funds dedicated to quality improvement
activities are used to improve quality and availability of child
care, those funds are used only for quality child care programs.
(b) For purposes of this section, a quality child care
program is a program that:
(1) promotes:
(A) the physical, social, emotional, and
intellectual development of young children;
(B) frequent, positive, warm interactions
appropriate to a child's age and development; and
(C) regular communication with parents who are
welcomed by the program at all times to participate in activities
and to observe, discuss, and recommend policies; and
(2) provides:
(A) a healthy, safe, and nurturing environment
for young children;
(B) planned learning activities appropriate to a
child's age and development;
(C) specially trained child care providers;
(D) a sufficient number of adults to respond to
the needs of each child;
(E) a variety of age-appropriate materials;
(F) nutritious meals and snacks;
(G) an effective program administration; and
(H) an ongoing, systematic evaluation process
for the program.
Added by Acts 2001, 77th Leg., ch. 1517, § 1, eff. Sept. 1, 2001.
§ 2308.318. MATCHING FUNDS FOR CHILD CARE SERVICES. For
purposes of obtaining federal matching funds for child care
services, including after-school care provided at a school or a
federal Head Start program, a board shall use money and in-kind
services provided by a local school district or local education
agency for those services to the extent permitted by federal law.
Added by Acts 2001, 77th Leg., ch. 667, § 1, eff. June 13, 2001.
Renumbered from V.T.C.A., Government Code § 2308.317 by Acts
2003, 78th Leg., ch. 1275, § 2(89), eff. Sept. 1, 2003.
§ 2308.319. COLLABORATIVE READING INITIATIVES. The
commission shall encourage each local workforce development board
to raise an amount of local funds in excess of the amount required
to meet performance measures to be used to support collaborative
reading initiatives.
Acts 2003, 78th Leg., ch. 817, § 4.03, eff. Sept. 1, 2003.
SUBCHAPTER H. SKILL STANDARDS BOARD
§ 2308.401. TEXAS SKILL STANDARDS BOARD. (a) The Texas
Skill Standards Board is an advisory board to the governor and the
legislature on the development of a statewide system of
industry-defined and industry-recognized skill standards and
credentials for all major skilled occupations that:
(1) provide strong employment and earnings
opportunities in this state; and
(2) require less than a baccalaureate degree.
(b) The skill standards board is composed of 11 members
appointed by and serving at the pleasure of the governor. The skill
standards board consists of the following members:
(1) seven members who represent business, two of whom
must be from business entities that employ fewer than 50 employees;
(2) two members who represent labor;
(3) one member who represents secondary education;
and
(4) one member who represents postsecondary
education.
(c) The governor shall appoint the presiding officer of the
skill standards board from the members who represent business. The
skill standards board shall meet at the call of the presiding
officer as often as necessary to accomplish its duties.
(d) A member of the skill standards board is not entitled to
compensation for service on the board but is entitled to
reimbursement for reasonable expenses incurred in performing
duties as a member of the board, subject to any applicable
limitation in the General Appropriations Act.
(e) Chapter 2110 does not apply to the skill standards
board.
Added by Acts 1997, 75th Leg., ch. 165, § 19.19(a), eff. Sept. 1,
1997.
§ 2308.402. DUTIES OF SKILL STANDARDS BOARD. (a) The
skill standards board shall:
(1) validate and recognize nationally established
skill standards to guide curriculum development, training,
assessment, and certification of workforce skills;
(2) convene industry groups to develop skill standards
and certification procedures for industries and occupations in
which standards have not been established or adopted and recognize
the skill standards and certification procedures;
(3) review the standards developed by other states and
foreign countries and enter into agreements for mutual recognition
of standards and credentials to enhance portability of skills; and
(4) promote the use of standards and credentials among
employers.
(b) The skill standards board shall:
(1) report periodically to the governor; and
(2) provide annual reports to the governor, the
division, and the legislature.
Added by Acts 1997, 75th Leg., ch. 165, § 19.19(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1472, § 14, eff.
Sept. 1, 1999.
§ 2308.403. STAFF SUPPORT. The council shall provide
staff support for the Texas Skill Standards Board as necessary.
Added by Acts 1997, 75th Leg., ch. 165, § 19.19(a), eff. Sept. 1,
1997.
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