2009S0434-1 02/20/09
By: Strama H.B. No. 2492
A BILL TO BE ENTITLED
AN ACT
relating to the creation, operation, and funding of the Texas
YouthBuild Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
adding Chapter 312 to read as follows:
CHAPTER 312. TEXAS YOUTHBUILD PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 312.001. DEFINITIONS. In this chapter:
(1) "Energy-efficient" means, with respect to a
project, sustainable, long-lasting construction, rehabilitation,
or retrofitting that reduces the energy costs of conventional
construction, rehabilitation, or retrofitting by not less than 20
percent.
(2) "Participant" means an individual who is receiving
training and other services through the program.
(3) "Program" means the Texas YouthBuild Program
established under this chapter.
(4) "Project" means a construction, rehabilitation,
or other project eligible for funding through a grant awarded under
this chapter.
[Sections 312.002-312.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
Sec. 312.051. PROGRAM; ADMINISTRATION. (a) The Texas
YouthBuild Program is established in the Texas Workforce Commission
as a workforce training and development program.
(b) The commission shall administer the program and may
employ personnel as necessary to administer the program.
Sec. 312.052. PROGRAM FUNDING. (a) The program is funded by
appropriations from the legislature and other available money,
including funds from federal agencies, identified by the
commission, the Texas Youth Commission, the Texas Juvenile
Probation Commission, the Texas Department of Criminal Justice, the
Texas Education Agency, or other state agencies.
(b) The commission may solicit and accept gifts, grants, and
other donations for operation of the program.
(c) The commission may not provide more than 75 percent of
the money budgeted for a project.
Sec. 312.053. RULES. The commission shall adopt rules as
necessary to implement the program, including rules for auditing
grants awarded under this chapter and accountability requirements
for grant recipients.
Sec. 312.054. ANNUAL REPORT. (a) The commission shall
report to the governor and the legislature at the end of each state
fiscal year on the status of the program.
(b) The annual report must include for that fiscal year:
(1) the number of grants awarded;
(2) the total dollar amount of grants awarded;
(3) the geographical distribution of grants awarded;
(4) the number of youths and other persons
participating in projects funded by grants;
(5) the number of youths and other persons who secured
permanent jobs at the conclusion of participation in projects
funded by grants;
(6) the number of youths who graduated from high
school or received a high school equivalency certificate while
participating in the program;
(7) the rate of job placement among youths
participating in the program;
(8) the number of housing units and other buildings
constructed or rehabilitated through projects funded by grants; and
(9) the estimated dollar savings due to improved
energy efficiency in projects funded by grants.
[Sections 312.055-312.100 reserved for expansion]
SUBCHAPTER C. TEXAS YOUTHBUILD PROGRAM
Sec. 312.101. PROGRAM PURPOSES. The Texas YouthBuild
Program shall:
(1) promote the economic self-sufficiency of
disadvantaged or at-risk youth, non-violent juvenile offenders,
and young veterans by providing those persons with opportunities to
acquire job skills while performing community service activities;
(2) create opportunities for communities to restore
abandoned properties and historic areas, enhance public places, and
increase the availability of affordable, energy-efficient housing
for individuals and families of low income; and
(3) create training and employment opportunities for
eligible veterans.
Sec. 312.102. PARTICIPANT ELIGIBILITY. (a) To be eligible
to participate in the program, a participant must be an individual
at least 16 years of age but younger than 24 years of age who:
(1) is not attending high school and has not received a
high school diploma or high school equivalency certificate; or
(2) is attending high school or a program leading to a
high school equivalency certificate but is at risk of dropping out
of high school or the equivalency certification program.
(b) In addition to meeting the requirements of Subsection
(a), a program participant must be:
(1) an individual who is:
(A) a member of a household that receives public
assistance and earns not more than 80 percent of the area median
income;
(B) errant, homeless, or a potential ward of the
Texas Department of Criminal Justice or the Texas Youth Commission;
(C) educationally disadvantaged, as defined by
commission rule; or
(D) referred to the program by a school district,
state agency, or court; or
(2) a veteran who is younger than 24 years of age.
[Sections 312.103-312.150 reserved for expansion]
SUBCHAPTER D. PROGRAM GRANTS
Sec. 312.151. GRANTS. (a) The executive director shall
award grants under the program to eligible entities for projects
that meet the requirements of this subchapter.
(b) To be eligible to receive a grant from the program, a
grant recipient must use the grant for a project that provides
services specified in Sections 312.154 and 312.155 to individuals
eligible to participate in the program under Section 312.102.
Sec. 312.152. ELIGIBLE ENTITIES. (a) Subject to
Subsection (b), the following entities may apply to receive a grant
for an eligible project under this subchapter:
(1) a private, nonprofit, tax-exempt organization
listed in Section 501(c)(3), Internal Revenue Code of 1986;
(2) a public agency that operates a community-based
youth employment training program;
(3) a community housing development organization
certified by the state;
(4) a community educational facility as an alternative
to placement to the Texas Youth Commission and the Texas Department
of Criminal Justice;
(5) a corps-based community service organization;
(6) an open-enrollment charter school approved by the
Texas Education Agency; or
(7) a public school.
(b) To be eligible to receive a grant, an applicant must
demonstrate that the applicant:
(1) has at least three years of successful experience
operating programs that benefit disadvantaged or at-risk youth;
(2) has successful experience in counseling and
support services for high school dropouts and at-risk youth; and
(3) has successful experience in job training in the
field of the eligible project.
(c) A private school, as defined by Section 5.001, Education
Code, or for-profit entity is not eligible to receive a grant under
this subchapter.
Sec. 312.153. GRANT APPLICATION. A grant application for a
proposed project must be filed with the commission on a form
prescribed by the commission. The application must include:
(1) a statement of the amount of money requested;
(2) a description of the proposed project;
(3) a description of the applicant's qualifications,
including the applicant's experience with youth, law enforcement
agencies, and educational and community groups;
(4) if applicable, a list of proposed sites for
construction or rehabilitation of housing or other buildings;
(5) if applicable, a description of proposed
energy-efficient construction or rehabilitation activities,
including an implementation schedule;
(6) a description of the applicant's proposed
procedures for recruiting and selecting participants in the
project;
(7) a proposed budget, including procedures for
auditing and accountability;
(8) if applicable, a description of proposed financing
for property acquisition, rehabilitation, or construction;
(9) a list of relevant contracts or other arrangements
between the applicant and public agencies that will facilitate
implementation of the project;
(10) a list of prospective donations, grants, or
in-kind contributions for the project that will supplement money
received through the grant;
(11) a certification satisfactory to the commission of
the applicant's compliance with:
(A) state and federal fair housing laws;
(B) the Civil Rights Act of 1964 (42 U.S.C.
Section 2000a et seq.);
(C) the Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et seq.);
(D) the Rehabilitation Act of 1973 (29 U.S.C.
Section 701 et seq.); and
(E) the Age Discrimination in Employment Act of
1967 (29 U.S.C. Section 621 et seq.); and
(12) any other requirements that the commission
establishes by rule.
Sec. 312.154. PROJECT REQUIREMENTS; SERVICES TO
PARTICIPANTS. A project for which a grant is received under the
program must provide or develop a plan to provide to a participant:
(1) integrated green job training and education,
divided between:
(A) practical, hands-on work experience at
project sites; and
(B) if the participant has not received a high
school diploma or high school equivalency certificate, academic and
project-based instruction designed to result in the attainment of a
high school diploma or high school equivalency certificate;
(2) direct access to counseling and support services,
including assessment and orientation services, life-skills
training, peer tutoring, gang prevention techniques, parenting and
child-care skills, and medical and legal screening and referrals;
(3) direct access to leadership training designed to
develop ethics, citizenship, personal responsibility, critical
thinking, and decision-making, problem-solving, and negotiation
skills;
(4) direct access to assistance in making the
transition from training to economic self-sufficiency, including
career counseling, job placement, personal finance, homebuyer
education, and follow-up services; and
(5) guidance and support in earning college
scholarships.
Sec. 312.155. TRAINING STIPEND. (a) A project for which a
grant is received under the program must provide a training stipend
to each participant who works on the project. A training stipend
under this section must:
(1) be in an amount determined by commission rule;
(2) be provided for a period not to exceed two years;
and
(3) be conditioned on the demonstration by the
participant of improved job performance and personal
responsibility as determined by commission rule.
(b) A stipend provided under this section does not count as
income or resources for purposes of determining the eligibility of
the participant or the participant's household for any form of
public assistance or in determining the amount of that assistance.
Sec. 312.156. ELIGIBLE PROJECTS. A project for which a
grant is received under the program must provide at least one of the
following services:
(1) the acquisition, rehabilitation, or construction
of energy-efficient, affordable housing for:
(A) individuals and families earning not more
than 80 percent of the area median income;
(B) veterans of the United States armed forces;
or
(C) individuals with a disability, as defined by
Sections 2052.003(b) and (c), Government Code;
(2) the energy-efficient rehabilitation or
retrofitting of:
(A) a historic structure, as defined by Section
442.001, Government Code;
(B) a publicly owned facility, including public
schools and public facilities that are part of a designated
cultural district; or
(C) a facility, located in a low-income area as
defined by commission rule, that is owned by a private, nonprofit,
tax-exempt organization listed in Section 501(c), Internal Revenue
Code of 1986;
(3) park and green space construction work, including
trail building and the energy-efficient rehabilitation or
retrofitting of park structures:
(A) in state, county, and local parks; or
(B) subject to the availability of federal funds
for the project, in national parks located in this state; or
(4) a green job-training program:
(A) that incorporates training of participants
in the following areas:
(i) renewable electric power;
(ii) biofuels;
(iii) deconstruction and reuse of
materials;
(iv) energy efficiency assessments;
(v) weatherization;
(vi) the manufacture of sustainable
products; and
(vii) sustainable manufacturing processes
and materials; and
(B) the activities of which benefit:
(i) a person described by Subdivision (1);
or
(ii) a private, nonprofit, tax-exempt
organization listed in Section 501(c), Internal Revenue Code of
1986.
Sec. 312.157. ADVISORY BOARD; PARTICIPANT COUNCIL. An
entity awarded a grant for a project under the program shall
establish:
(1) an advisory board for the project that includes
senior staff of the entity operating the project, area employers,
industrial leaders, representatives of nonprofit organizations
representing low-income neighborhoods, and participants in the
project; and
(2) a participant council to provide comments and
suggestions regarding project policies.
Sec. 312.158. LIMIT ON ADMINISTRATIVE EXPENSES. Not more
than 15 percent of the grant money awarded under the program for a
project may be used for administrative costs associated with the
project.
SECTION 2. This Act takes effect September 1, 2009.