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.