reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter D. Information and Training › Section 2308.151. Establishment of Funding Formula for Evaluation System

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1472, Sec. 8, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 704, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 818, Sec. 4.01, 4.02, 5.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter D. Information and Training › Section 2308.158. Council Training; Standards of Conduct Information

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 818, Sec. 2.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter E. Council Recommendations and Implementation by State Agencies › Section 2308.201. Development of Recommendations

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter E. Council Recommendations and Implementation by State Agencies › Section 2308.202. Consideration of Recommendations by the Governor

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter E. Council Recommendations and Implementation by State Agencies › Section 2308.203. Action by State Agencies

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.11(a), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1472, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter E. Council Recommendations and Implementation by State Agencies › Section 2308.205. Fund Availability and Services

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter E. Council Recommendations and Implementation by State Agencies › Section 2308.206. Provision of Services by State Agencies

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.251. Definitions

Sec. 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 Texas military forces as defined by Section 437.001; 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1426, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.10, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.2515. Application of Prior Law

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.252. Designation of Workforce Development Areas

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.254. Limitation on Exercise of Board Powers

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.12(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.255. Appointment of Board; Liability of Board Members

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.12(c), (d) eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.257. Recusal

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1004, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.258. Presiding Officer

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.259. Board Committees

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.260. Technical Advisory Groups

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.261. Certification of Board

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.262. Budget

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.13(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.263. Approval of Fiscal Agent

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.14, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.264. Contracting for Service Delivery

Sec. 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; and
(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.
(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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 817, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1350 (S.B. 998), Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 332 (H.B. 3074), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.265. Incentives and Waivers

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.266. Nonprofit Status; Ability to Solicit Funds

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.267. Staff

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.13(b), eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 817, Sec. 4.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.268. Assistance and Sanctions for Nonperformance

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter F. Creation and Administration of Local Workforce Development Areas and Local Workforce Development Boards › Section 2308.269. Sanctions for Lack of Fiscal Accountability

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.15, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.301. Definitions

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 9.016(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.302. Responsibility of Board

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.09(c), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.3035. Components of Local Workforce Development System

Sec. 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, Sec. 19.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.304. Local Plan

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.16(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.305. Use of Labor Market Information System

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.17(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.306. Report

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.307. Filling Educational Needs

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.308. Public Community College

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.17(b), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1115 (H.B. 2421), Sec. 7, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.309. Institution of Higher Education

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.310. Certain Educational Services Not Prohibited

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.311. List of Publicly Funded Programs and Classes

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.312. Career Development Centers

Sec. 2308.312.  CAREER DEVELOPMENT CENTERS.  (a)  A board shall establish career development centers accessible to students, workers, and persons formerly sentenced to 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 Texas Department of Criminal Justice.
(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 Texas Department of Criminal Justice, provided in cooperation with Project RIO.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.18(b), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 8.23(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.090, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.3121. Service Provider Limitation; Waiver

Sec. 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, Sec. 19.18(c), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.3122. Unemployment Insurance Claims

Sec. 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, Sec. 19.18(c), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.313. Right to Know

Sec. 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, Sec. 5.81(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 19.18(d), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2308 - Workforce Investment Act › Subchapter G. Responsibilities and Duties of Local Workforce Development Boards › Section 2308.314. Tax Assistance

Sec. 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, Sec. 1, eff. Sept. 1, 1997.