Bill

SB 208

84(R) - 2015
Senate Natural Resources & Economic Development
Senate Natural Resources & Economic Development
Labor
Sunset Act
Sunset Commission

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Donna Campbell

Co-Author(s)

Brian Birdwell
Juan "Chuy" Hinojosa
Jane Nelson
Charles Schwertner

Bill Caption

Relating to the continuation and functions of the Texas Workforce Commission.

Fiscal Notes

A fiscal note dated April 30, 2015 anticipates a negative two-year net impact to General Revenue Related Funds from CSSB 208 of $7,831,604 through the biennium ending August 31, 2017.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

05/24/15 update:

Amendments have been introduced on the Senate floor.

One amendment would change the programs and services for which the Texas Workforce Commission (TWC) would need seek federal approval to administer. It would remove the chapters on independent living services and social security disability determination services.

A second amendment would create a Legislative Oversight Committee to facilitate the transfer of vocational rehabilitation services and other services and programs with no negative effect on the delivery of services to clients. It would require certain steps and rules to implement in a transition plan for those services. It would also add duties to the health and human services transition legislative oversight committee, as well as require certain steps and rules to implement in a transition plan.

A committee substitute was adopted by the House committee that would remove the provisions requiring that certificate and registration fees for career schools and colleges be determined by TWC. It would further change the programs and services for which TWC would need seek federal approval to administer.

First chamber analysis:

Senate Bill 208 is a Sunset Bill: it would reauthorize the Texas Workforce Commission (TWC) for twelve years and would make several changes following the Sunset Advisory Commission's recommendations.

Senate Bill 208 would amend the Education Code to require that the Texas Workforce Commission (TWC) post information regarding any action taken against a school or college in their searchable directory of career schools and colleges on their website.

Senate Bill 208 would require that certificate and registration fees for career schools and colleges be determined by TWC, as well as require that an application and annual renewal fee, and a fee for an investigation to resolve a complaint be set by rule.

Senate Bill 208 would amend the Government Code regarding the Texas Rising Star Program to require TWC to establish a timeline and process for the review an updating of quality standards used to determine the rating system.

It would also require that TWC improve the management of its child care programs.

Senate Bill 208 would transfer to TWC the vocational rehabilitation programs from the Department of Assistive and Rehabilitative Services and would require the integration of the two programs.

Senate Bill 208 would transfer to the TWC the powers and duties of the human rights commission and would streamline the civil rights division.

The bill would also allow TWC to participate in the federal treasury offset program.

Vote Recommendation Notes

05/24/15 update:

The changes made by the amendments and House committee substitute (see updated analysis) do not change our position. We continue to remain neutral.

The second chamber sponsor is Representative Cindy Burkett.

First chamber recommendation:

Senate Bill 208 is a Sunset Bill: it follows the Sunset Advisory Commission's review and recommendations to reauthorize the Texas Workforce Commission.

Among the recommendations, the transfer of the vocational rehabilitation programs to the Texas Workforce Commission includes requirements to consolidate programs for more efficiency and cost-effectiveness. Other recommendations also seek reforms of child care programs, as well as the human rights commission and the civil rights division.

We are concerned though that Senate Bill 208 would allow the Texas Workforce Commission to participate in the federal treasury's offset program. We have opposed a bill with a similar intent as it would have the potential to increase the scope of government. Our objection to the treasury's offset program is well summarized by in this Forbes article with the key quote being: "In other words, the government gave itself the right to chase taxpayers for old debts indefinitely. And the easiest way to do it is through an offset."

Since this bill contains a mix of good and bad provisions, that could either decrease or increase the scope of government, we will remain neutral on Senate Bill 208.