Texas Government Code Title 10, Chapter 2308 - Workforce Investment Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2308.001 - Short Title
  This chapter may be cited as the Workforce Investment Act. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.81(a), eff. Sept. 1, 1995. Amended...
• Texas Section 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)...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B COUNCIL MEMBERSHIP AND ADMINISTRATION

• Texas Section 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...
• Texas Section 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.)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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, Sec. 5.81(a), eff. Sept. 1,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C COUNCIL DUTIES AND POWERS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 2308.102 - Assumption Of Duties And Responsibilities
  (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...
• Texas Section 2308.102 - Assumption Of Duties And Responsibilities
  (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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D INFORMATION AND TRAINING

• Texas Section 2308.109 - Duty To Develop Skill Standards
  (a) The council shall provide advice to the governor and the legislature on the development of a statewide system of industry-defined and industry-recognized skill standards...
• Texas Section 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...

SUBCHAPTER E COUNCIL RECOMMENDATIONS AND IMPLEMENTATION BY STATE AGENCIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F CREATION AND ADMINISTRATION OF LOCAL WORKFORCE DEVELOPMENT AREAS AND LOCAL WORKFORCE DEVELOPMENT BOARDS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G RESPONSIBILITIES AND DUTIES OF LOCAL WORKFORCE DEVELOPMENT BOARDS

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 2308.315 - Reimbursement Rates For Child Care
  (a) Each board shall establish graduated reimbursement rates for child care based on the commission's Texas Rising Star Program. (b) The minimum reimbursement rate for...
• Texas Section 2308.3155 - Texas Rising Star Program
  (a) The Texas Rising Star Program is a voluntary, quality-based child care rating system of child care providers participating in the commission's subsidized child care...
• Texas Section 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...
• Texas Section 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...
• Texas Section 2308.317 - Expenditures For Certain Child Care Quality Improvement Activities
  (a) Notwithstanding any other law, the commission shall ensure that, to the extent federal child care development funds dedicated to quality improvement activities are used...
• Texas Section 2308.3171 - Information On Quality Child Care
  (a) In this section, "quality child-care indicator" means any appropriate indicator of quality services, including whether the provider of the services: (1) meets Texas Rising...
• Texas Section 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...
• Texas Section 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...
• Texas Section 2308.320 - Technical Assistance For Providers
  Each board shall provide technical assistance to Texas Rising Star Program providers and to providers seeking certification under the Texas Rising Star Program, including providing:...

Last modified: September 28, 2016