Texas 2009 - 81st Regular

Texas Senate Bill SB1770 Compare Versions

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1	1	2009S0434-1 02/20/09
2	2	By: Watson S.B. No. 1770
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation, operation, and funding of the Texas
8	8	YouthBuild Program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
11	11	adding Chapter 312 to read as follows:
12	12	CHAPTER 312. TEXAS YOUTHBUILD PROGRAM
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 312.001. DEFINITIONS. In this chapter:
15	15	(1) "Energy-efficient" means, with respect to a
16	16	project, sustainable, long-lasting construction, rehabilitation,
17	17	or retrofitting that reduces the energy costs of conventional
18	18	construction, rehabilitation, or retrofitting by not less than 20
19	19	percent.
20	20	(2) "Participant" means an individual who is receiving
21	21	training and other services through the program.
22	22	(3) "Program" means the Texas YouthBuild Program
23	23	established under this chapter.
24	24	(4) "Project" means a construction, rehabilitation,
25	25	or other project eligible for funding through a grant awarded under
26	26	this chapter.
27	27	[Sections 312.002-312.050 reserved for expansion]
28	28	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
29	29	Sec. 312.051. PROGRAM; ADMINISTRATION. (a) The Texas
30	30	YouthBuild Program is established in the Texas Workforce Commission
31	31	as a workforce training and development program.
32	32	(b) The commission shall administer the program and may
33	33	employ personnel as necessary to administer the program.
34	34	Sec. 312.052. PROGRAM FUNDING. (a) The program is funded by
35	35	appropriations from the legislature and other available money,
36	36	including funds from federal agencies, identified by the
37	37	commission, the Texas Youth Commission, the Texas Juvenile
38	38	Probation Commission, the Texas Department of Criminal Justice, the
39	39	Texas Education Agency, or other state agencies.
40	40	(b) The commission may solicit and accept gifts, grants, and
41	41	other donations for operation of the program.
42	42	(c) The commission may not provide more than 75 percent of
43	43	the money budgeted for a project.
44	44	Sec. 312.053. RULES. The commission shall adopt rules as
45	45	necessary to implement the program, including rules for auditing
46	46	grants awarded under this chapter and accountability requirements
47	47	for grant recipients.
48	48	Sec. 312.054. ANNUAL REPORT. (a) The commission shall
49	49	report to the governor and the legislature at the end of each state
50	50	fiscal year on the status of the program.
51	51	(b) The annual report must include for that fiscal year:
52	52	(1) the number of grants awarded;
53	53	(2) the total dollar amount of grants awarded;
54	54	(3) the geographical distribution of grants awarded;
55	55	(4) the number of youths and other persons
56	56	participating in projects funded by grants;
57	57	(5) the number of youths and other persons who secured
58	58	permanent jobs at the conclusion of participation in projects
59	59	funded by grants;
60	60	(6) the number of youths who graduated from high
61	61	school or received a high school equivalency certificate while
62	62	participating in the program;
63	63	(7) the rate of job placement among youths
64	64	participating in the program;
65	65	(8) the number of housing units and other buildings
66	66	constructed or rehabilitated through projects funded by grants; and
67	67	(9) the estimated dollar savings due to improved
68	68	energy efficiency in projects funded by grants.
69	69	[Sections 312.055-312.100 reserved for expansion]
70	70	SUBCHAPTER C. TEXAS YOUTHBUILD PROGRAM
71	71	Sec. 312.101. PROGRAM PURPOSES. The Texas YouthBuild
72	72	Program shall:
73	73	(1) promote the economic self-sufficiency of
74	74	disadvantaged or at-risk youth, non-violent juvenile offenders,
75	75	and young veterans by providing those persons with opportunities to
76	76	acquire job skills while performing community service activities;
77	77	(2) create opportunities for communities to restore
78	78	abandoned properties and historic areas, enhance public places, and
79	79	increase the availability of affordable, energy-efficient housing
80	80	for individuals and families of low income; and
81	81	(3) create training and employment opportunities for
82	82	eligible veterans.
83	83	Sec. 312.102. PARTICIPANT ELIGIBILITY. (a) To be eligible
84	84	to participate in the program, a participant must be an individual
85	85	at least 16 years of age but younger than 24 years of age who:
86	86	(1) is not attending high school and has not received a
87	87	high school diploma or high school equivalency certificate; or
88	88	(2) is attending high school or a program leading to a
89	89	high school equivalency certificate but is at risk of dropping out
90	90	of high school or the equivalency certification program.
91	91	(b) In addition to meeting the requirements of Subsection
92	92	(a), a program participant must be:
93	93	(1) an individual who is:
94	94	(A) a member of a household that receives public
95	95	assistance and earns not more than 80 percent of the area median
96	96	income;
97	97	(B) errant, homeless, or a potential ward of the
98	98	Texas Department of Criminal Justice or the Texas Youth Commission;
99	99	(C) educationally disadvantaged, as defined by
100	100	commission rule; or
101	101	(D) referred to the program by a school district,
102	102	state agency, or court; or
103	103	(2) a veteran who is younger than 24 years of age.
104	104	[Sections 312.103-312.150 reserved for expansion]
105	105	SUBCHAPTER D. PROGRAM GRANTS
106	106	Sec. 312.151. GRANTS. (a) The executive director shall
107	107	award grants under the program to eligible entities for projects
108	108	that meet the requirements of this subchapter.
109	109	(b) To be eligible to receive a grant from the program, a
110	110	grant recipient must use the grant for a project that provides
111	111	services specified in Sections 312.154 and 312.155 to individuals
112	112	eligible to participate in the program under Section 312.102.
113	113	Sec. 312.152. ELIGIBLE ENTITIES. (a) Subject to
114	114	Subsection (b), the following entities may apply to receive a grant
115	115	for an eligible project under this subchapter:
116	116	(1) a private, nonprofit, tax-exempt organization
117	117	listed in Section 501(c)(3), Internal Revenue Code of 1986;
118	118	(2) a public agency that operates a community-based
119	119	youth employment training program;
120	120	(3) a community housing development organization
121	121	certified by the state;
122	122	(4) a community educational facility as an alternative
123	123	to placement to the Texas Youth Commission and the Texas Department
124	124	of Criminal Justice;
125	125	(5) a corps-based community service organization;
126	126	(6) an open-enrollment charter school approved by the
127	127	Texas Education Agency; or
128	128	(7) a public school.
129	129	(b) To be eligible to receive a grant, an applicant must
130	130	demonstrate that the applicant:
131	131	(1) has at least three years of successful experience
132	132	operating programs that benefit disadvantaged or at-risk youth;
133	133	(2) has successful experience in counseling and
134	134	support services for high school dropouts and at-risk youth; and
135	135	(3) has successful experience in job training in the
136	136	field of the eligible project.
137	137	(c) A private school, as defined by Section 5.001, Education
138	138	Code, or for-profit entity is not eligible to receive a grant under
139	139	this subchapter.
140	140	Sec. 312.153. GRANT APPLICATION. A grant application for a
141	141	proposed project must be filed with the commission on a form
142	142	prescribed by the commission. The application must include:
143	143	(1) a statement of the amount of money requested;
144	144	(2) a description of the proposed project;
145	145	(3) a description of the applicant's qualifications,
146	146	including the applicant's experience with youth, law enforcement
147	147	agencies, and educational and community groups;
148	148	(4) if applicable, a list of proposed sites for
149	149	construction or rehabilitation of housing or other buildings;
150	150	(5) if applicable, a description of proposed
151	151	energy-efficient construction or rehabilitation activities,
152	152	including an implementation schedule;
153	153	(6) a description of the applicant's proposed
154	154	procedures for recruiting and selecting participants in the
155	155	project;
156	156	(7) a proposed budget, including procedures for
157	157	auditing and accountability;
158	158	(8) if applicable, a description of proposed financing
159	159	for property acquisition, rehabilitation, or construction;
160	160	(9) a list of relevant contracts or other arrangements
161	161	between the applicant and public agencies that will facilitate
162	162	implementation of the project;
163	163	(10) a list of prospective donations, grants, or
164	164	in-kind contributions for the project that will supplement money
165	165	received through the grant;
166	166	(11) a certification satisfactory to the commission of
167	167	the applicant's compliance with:
168	168	(A) state and federal fair housing laws;
169	169	(B) the Civil Rights Act of 1964 (42 U.S.C.
170	170	Section 2000a et seq.);
171	171	(C) the Americans with Disabilities Act of 1990
172	172	(42 U.S.C. Section 12101 et seq.);
173	173	(D) the Rehabilitation Act of 1973 (29 U.S.C.
174	174	Section 701 et seq.); and
175	175	(E) the Age Discrimination in Employment Act of
176	176	1967 (29 U.S.C. Section 621 et seq.); and
177	177	(12) any other requirements that the commission
178	178	establishes by rule.
179	179	Sec. 312.154. PROJECT REQUIREMENTS; SERVICES TO
180	180	PARTICIPANTS. A project for which a grant is received under the
181	181	program must provide or develop a plan to provide to a participant:
182	182	(1) integrated green job training and education,
183	183	divided between:
184	184	(A) practical, hands-on work experience at
185	185	project sites; and
186	186	(B) if the participant has not received a high
187	187	school diploma or high school equivalency certificate, academic and
188	188	project-based instruction designed to result in the attainment of a
189	189	high school diploma or high school equivalency certificate;
190	190	(2) direct access to counseling and support services,
191	191	including assessment and orientation services, life-skills
192	192	training, peer tutoring, gang prevention techniques, parenting and
193	193	child-care skills, and medical and legal screening and referrals;
194	194	(3) direct access to leadership training designed to
195	195	develop ethics, citizenship, personal responsibility, critical
196	196	thinking, and decision-making, problem-solving, and negotiation
197	197	skills;
198	198	(4) direct access to assistance in making the
199	199	transition from training to economic self-sufficiency, including
200	200	career counseling, job placement, personal finance, homebuyer
201	201	education, and follow-up services; and
202	202	(5) guidance and support in earning college
203	203	scholarships.
204	204	Sec. 312.155. TRAINING STIPEND. (a) A project for which a
205	205	grant is received under the program must provide a training stipend
206	206	to each participant who works on the project. A training stipend
207	207	under this section must:
208	208	(1) be in an amount determined by commission rule;
209	209	(2) be provided for a period not to exceed two years;
210	210	and
211	211	(3) be conditioned on the demonstration by the
212	212	participant of improved job performance and personal
213	213	responsibility as determined by commission rule.
214	214	(b) A stipend provided under this section does not count as
215	215	income or resources for purposes of determining the eligibility of
216	216	the participant or the participant's household for any form of
217	217	public assistance or in determining the amount of that assistance.
218	218	Sec. 312.156. ELIGIBLE PROJECTS. A project for which a
219	219	grant is received under the program must provide at least one of the
220	220	following services:
221	221	(1) the acquisition, rehabilitation, or construction
222	222	of energy-efficient, affordable housing for:
223	223	(A) individuals and families earning not more
224	224	than 80 percent of the area median income;
225	225	(B) veterans of the United States armed forces;
226	226	or
227	227	(C) individuals with a disability, as defined by
228	228	Sections 2052.003(b) and (c), Government Code;
229	229	(2) the energy-efficient rehabilitation or
230	230	retrofitting of:
231	231	(A) a historic structure, as defined by Section
232	232	442.001, Government Code;
233	233	(B) a publicly owned facility, including public
234	234	schools and public facilities that are part of a designated
235	235	cultural district; or
236	236	(C) a facility, located in a low-income area as
237	237	defined by commission rule, that is owned by a private, nonprofit,
238	238	tax-exempt organization listed in Section 501(c), Internal Revenue
239	239	Code of 1986;
240	240	(3) park and green space construction work, including
241	241	trail building and the energy-efficient rehabilitation or
242	242	retrofitting of park structures:
243	243	(A) in state, county, and local parks; or
244	244	(B) subject to the availability of federal funds
245	245	for the project, in national parks located in this state; or
246	246	(4) a green job-training program:
247	247	(A) that incorporates training of participants
248	248	in the following areas:
249	249	(i) renewable electric power;
250	250	(ii) biofuels;
251	251	(iii) deconstruction and reuse of
252	252	materials;
253	253	(iv) energy efficiency assessments;
254	254	(v) weatherization;
255	255	(vi) the manufacture of sustainable
256	256	products; and
257	257	(vii) sustainable manufacturing processes
258	258	and materials; and
259	259	(B) the activities of which benefit:
260	260	(i) a person described by Subdivision (1);
261	261	or
262	262	(ii) a private, nonprofit, tax-exempt
263	263	organization listed in Section 501(c), Internal Revenue Code of
264	264	1986.
265	265	Sec. 312.157. ADVISORY BOARD; PARTICIPANT COUNCIL. An
266	266	entity awarded a grant for a project under the program shall
267	267	establish:
268	268	(1) an advisory board for the project that includes
269	269	senior staff of the entity operating the project, area employers,
270	270	industrial leaders, representatives of nonprofit organizations
271	271	representing low-income neighborhoods, and participants in the
272	272	project; and
273	273	(2) a participant council to provide comments and
274	274	suggestions regarding project policies.
275	275	Sec. 312.158. LIMIT ON ADMINISTRATIVE EXPENSES. Not more
276	276	than 15 percent of the grant money awarded under the program for a
277	277	project may be used for administrative costs associated with the
278	278	project.
279	279	SECTION 2. This Act takes effect September 1, 2009.