By: Oliveira H.B. No. 666
73R3626 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment, operation, and funding of an
1-3 employment training program; reducing the entry level and
1-4 replenishment unemployment tax rates; imposing an assessment for
1-5 employment training purposes.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE I. LEGISLATIVE FINDINGS
1-8 SECTION 1.01. LEGISLATIVE FINDINGS. The legislature finds
1-9 that:
1-10 (1) the development and expansion of business,
1-11 commerce, and industry are essential to the economic growth of this
1-12 state and to the full employment, welfare, and prosperity of its
1-13 citizens;
1-14 (2) the number of people seeking jobs in this state
1-15 exceeds the number of available jobs;
1-16 (3) despite the large number of unemployed job
1-17 seekers, many employers in new and expanding industries are having
1-18 difficulty finding the skilled workers they need, and a similar
1-19 problem exists in industries in which overall employment may not be
1-20 expanding but in which there is an acute need for skilled workers
1-21 in particular occupations;
1-22 (4) studies have shown that the availability of an
1-23 educated, skilled work force is the single most important factor in
1-24 an employer's decision to relocate or expand its operations;
2-1 (5) the economy of this state is today being
2-2 challenged by competition from other states and other countries,
2-3 and our success in meeting that challenge will depend largely on
2-4 our ability to maintain and improve a skilled and productive work
2-5 force;
2-6 (6) employers, workers, organized labor, and
2-7 government need to work together to ensure that the labor force of
2-8 this state is prepared to succeed in the economic environment of
2-9 the next century;
2-10 (7) the emergence of a global economy and the possible
2-11 creation of the world's largest market through the North American
2-12 Free Trade Agreement create opportunities for economic growth and
2-13 social prosperity from which this state only can benefit if its
2-14 work force is educated, skilled, and prepared to excel; and
2-15 (8) structural changes in the Texas economy and
2-16 decreases in United States military expenditures affecting base
2-17 closings and defense industries will require new training and
2-18 retraining initiatives.
2-19 ARTICLE II. SMART JOBS FUND PROGRAM
2-20 SECTION 2.01. Chapter 481, Government Code, is amended by
2-21 adding Subchapter J to read as follows:
2-22 SUBCHAPTER J. SMART JOBS FUND PROGRAM
2-23 Sec. 481.151. DEFINITIONS. In this subchapter:
2-24 (1) "Business development" includes relocation,
2-25 expansion, turnover, diversification, or technological change.
2-26 (2) "Demand occupation" means an occupation in which,
2-27 as a result of business development, there are or will be positive
3-1 growth-to-replacement ratios within the next 12 to 24 months,
3-2 according to the best available sources of state and local labor
3-3 market information.
3-4 (3) "Employee" means an individual who performs
3-5 services for another under a contract of hire, whether express or
3-6 implied, or oral or written.
3-7 (4) "Employer" means a person that employs one or more
3-8 employees.
3-9 (5) "Executive director" means the executive director
3-10 of the department.
3-11 (6) "Existing employer" means an employer that:
3-12 (A) has been liable to pay contributions under
3-13 the Texas Unemployment Compensation Act (Article 5221b-1 et seq.,
3-14 Vernon's Texas Civil Statutes) for more than one year;
3-15 (B) has employees; and
3-16 (C) is in compliance with the reporting and
3-17 payment requirements of that Act, as determined by the Texas
3-18 Employment Commission.
3-19 (7) "Family wage job" means a job that offers:
3-20 (A) wages equal to or greater than the state
3-21 average weekly wage;
3-22 (B) benefits, such as vacation leave, sick
3-23 leave, and insurance coverage;
3-24 (C) reasonable opportunities for continued skill
3-25 development and career path advancement; and
3-26 (D) a substantial likelihood of long-term job
3-27 security.
4-1 (8) "In-kind contribution" means a noncash
4-2 contribution of goods and services provided by an employer as all
4-3 or part of the employer's matching share of a grant or project.
4-4 (9) "Job" means employment on a basis customarily
4-5 considered full-time for the applicable occupation and industry.
4-6 (10) "Minority employer" means a business entity at
4-7 least 51 percent of which is owned by minority group members or, in
4-8 the case of a corporation, at least 51 percent of the shares of
4-9 which are owned by minority group members and that:
4-10 (A) is managed and, in daily operations, is
4-11 controlled by minority group members; and
4-12 (B) is a domestic business entity with a home or
4-13 branch office located in this state and is not a branch or
4-14 subsidiary of a foreign corporation or other foreign business
4-15 entity.
4-16 (11) "Minority group members" include:
4-17 (A) African-Americans;
4-18 (B) American Indians;
4-19 (C) Asian-Americans; and
4-20 (D) Mexican-Americans and other Americans of
4-21 Hispanic origin.
4-22 (12) "Program" means the smart jobs fund program
4-23 created under this subchapter.
4-24 (13) "Project" means a specific employment training
4-25 project developed and implemented under this subchapter.
4-26 (14) "Provider" means a person that provides
4-27 employment-related training. The term includes employers, employer
5-1 associations, labor organizations, community-based organizations,
5-2 training consultants, public and private schools, technical
5-3 institutes, junior or community colleges, senior colleges,
5-4 universities, and proprietary schools, as defined by Section 32.11,
5-5 Education Code.
5-6 (15) "State average weekly wage" means the annual
5-7 average of the average weekly wage of manufacturing production
5-8 workers in this state as of September 1 of each year, as determined
5-9 by the Texas Employment Commission under Section 3(b), Texas
5-10 Unemployment Compensation Act (Article 5221b-1, Vernon's Texas
5-11 Civil Statutes), adjusted for regional variances.
5-12 (16) "Targeted industry" means an industry that
5-13 promotes high-skill, high-wage jobs using Texas-available material
5-14 and human resources, as determined by the department.
5-15 (17) "Trainee" means a participant in a project funded
5-16 under this subchapter.
5-17 (18) "Wages" means all forms of compensation or
5-18 remuneration, excluding benefits, payable for a specific period to
5-19 an employee for personal services rendered by that employee.
5-20 Sec. 481.152. SMART JOBS FUND PROGRAM; ADMINISTRATION. (a)
5-21 The smart jobs fund program is created in the department as a work
5-22 force development incentive program to enhance employment
5-23 opportunities and to meet the needs of existing and new industries
5-24 in this state.
5-25 (b) The program shall give priority to the creation and
5-26 retention of family wage jobs and focus on employers in industries
5-27 that promote high-skill, high-wage jobs in high-technology areas
6-1 and on demand occupations that provide those jobs. At least 50
6-2 percent of the money spent under the program shall be used for
6-3 projects that assist existing employers.
6-4 (c) The department shall administer the program.
6-5 (d) The executive director may employ personnel as necessary
6-6 to administer the program.
6-7 Sec. 481.153. RULES. The policy board shall adopt rules as
6-8 necessary to implement the program.
6-9 Sec. 481.154. FUNDING. (a) The smart jobs fund is
6-10 established as a special trust fund in the custody of the state
6-11 treasurer separate and apart from all public money or funds of this
6-12 state. The fund is composed of:
6-13 (1) money transferred into the fund under Section 9e,
6-14 Texas Unemployment Compensation Act (Article 5221b-1 et seq.,
6-15 Vernon's Texas Civil Statutes);
6-16 (2) gifts, grants, and other donations received by the
6-17 department for the fund; and
6-18 (3) any amounts appropriated by the legislature for
6-19 the program.
6-20 (b) The program is funded through the smart jobs fund.
6-21 (c) Money in the smart jobs fund may be used for program
6-22 administration, marketing expenses, and evaluation of the program.
6-23 These costs in any fiscal year may not exceed five percent of the
6-24 total funds deposited in the smart jobs fund in that year.
6-25 (d) If, during any three consecutive months, the balance in
6-26 the smart jobs fund exceeds 0.15 percent of the total taxable wages
6-27 for the four calendar quarters ending the preceding June 30, as
7-1 computed under Section 7(c)(8), Texas Unemployment Compensation Act
7-2 (Article 5221b-5, Vernon's Texas Civil Statutes), the executive
7-3 director shall immediately transfer the excess to the unemployment
7-4 compensation fund created under Section 9(a), Texas Unemployment
7-5 Compensation Act (Article 5221b-7, Vernon's Texas Civil Statutes).
7-6 Sec. 481.155. GRANTS. (a) The executive director may award
7-7 grants for projects that meet the requirements of this chapter.
7-8 The executive director shall attempt to ensure that at least 20
7-9 percent of the total dollar amount of grants awarded under the
7-10 program are awarded to minority employers.
7-11 (b) The program is job-driven. A grant may not be awarded
7-12 unless each employer participating in the project certifies that:
7-13 (1) a job or job opening exists or will exist at the
7-14 end of the project for which the grant is sought; and
7-15 (2) the job or job opening will be filled by a
7-16 participant in the project.
7-17 (c) A grant may not be awarded for a project under this
7-18 section unless each employer participating in the project certifies
7-19 that the starting wage for a new job created through the project
7-20 will be greater than 66-2/3 percent of the state average weekly
7-21 wage and that the wage for a job existing on the date that the
7-22 project is scheduled to begin will be increased to the greater of:
7-23 (1) 10 percent over the wage in effect on the day
7-24 before the date on which the project is scheduled to begin for that
7-25 job; or
7-26 (2) 75 percent of the state average weekly wage.
7-27 (d) An employer may apply for a grant under this chapter if
8-1 the employer is required to reduce or eliminate the employer's work
8-2 force because of reductions in overall employment within an
8-3 industry or a substantial change in the skills required to continue
8-4 the employer's business because of technological changes or other
8-5 factors. In awarding a grant under this subsection, the executive
8-6 director may modify the requirements of Subsection (c).
8-7 (e) A grant may not be awarded for a project if the project
8-8 will impair existing contracts for services or collective
8-9 bargaining agreements, except that a project inconsistent with the
8-10 terms of a collective bargaining agreement may be undertaken with
8-11 the written concurrence of the collective bargaining unit and the
8-12 employer or employers who are parties to the agreement.
8-13 Sec. 481.156. GRANT APPLICATION. (a) The following may
8-14 apply for a grant under this subchapter:
8-15 (1) one or more employers to secure training for
8-16 demand occupations in a particular industry;
8-17 (2) one or more employers acting in partnership with
8-18 an employer organization, labor organization, or community-based
8-19 organization to secure training for demand occupations in a
8-20 particular industry; or
8-21 (3) one or more employers acting in partnership with a
8-22 consortium composed of one or more providers to secure training for
8-23 demand occupations in a particular industry.
8-24 (b) A grant application must be filed with the department in
8-25 a form approved by the executive director and must include a
8-26 complete business and training plan, including:
8-27 (1) the number and kind of jobs available;
9-1 (2) the skills and competencies required for the
9-2 identified jobs;
9-3 (3) the wages to be paid to trainees on successful
9-4 completion of the project;
9-5 (4) the goals, objectives, and outcome measures for
9-6 the project;
9-7 (5) the proposed curriculum for the project; and
9-8 (6) the projected cost per person enrolled, trained,
9-9 hired, and retained in employment.
9-10 (c) The department may provide assistance to applicants in
9-11 formulating the business and training plan required under
9-12 Subsection (b).
9-13 (d) The department shall minimize the length of the
9-14 application form.
9-15 (e) The executive director shall act on a completed
9-16 application not later than the 30th day after the date on which the
9-17 application is filed with the department.
9-18 Sec. 481.157. MATCHING REQUIREMENTS; EXEMPTIONS. (a) Money
9-19 provided under a grant for a project must be matched by private
9-20 funds provided by the employer benefiting from the project in an
9-21 amount at least equal to the amount provided by the grant.
9-22 (b) The policy board may adopt rules modifying the
9-23 requirements of Subsection (a) for employers with fewer than 50
9-24 employees and may also adopt rules modifying the requirements of
9-25 Subsection (a) for projects that provide significant economic
9-26 benefits to an entire region of the state.
9-27 (c) Employer matches may include documented in-kind
10-1 contributions as well as wages paid to trainees during the training
10-2 period.
10-3 Sec. 481.158. TRAINEES. The program shall give priority to
10-4 residents of this state.
10-5 Sec. 481.159. CONTRACTS. (a) The executive director may
10-6 approve any project that meets the requirements of this subchapter.
10-7 If the executive director approves a project and funds are
10-8 available, the department shall enter into a contract with the
10-9 grant applicant and with each employer participating in the
10-10 project. The contract must specify those skills and competencies
10-11 to be gained as a result of the project.
10-12 (b) Reimbursable costs in the contract may include only
10-13 those expenses related to direct training in job-related basic
10-14 skills, including literacy skills, job-related vocational skills,
10-15 and administrative costs. Total administrative costs for any
10-16 particular project may not exceed 10 percent of the project's
10-17 expenditures.
10-18 (c) Each contract must provide a schedule for payment of
10-19 smart jobs fund money. Twenty-five percent of the grant award
10-20 shall be withheld by the department for 90 days after the date of
10-21 completion of the project. If all of the trainees in the project
10-22 have been retained in employment for that 90-day period, the amount
10-23 of the grant award withheld shall be remitted to the employer. For
10-24 each trainee who is not retained in employment for that 90-day
10-25 period, the amount withheld shall be reduced by the amount of the
10-26 training costs for that trainee that is derived from grant money,
10-27 and any balance shall be remitted to the employer. If there is a
11-1 negative balance, the employer is liable for the amount of the
11-2 negative balance and shall remit that amount to the department not
11-3 later than the 30th day after the date on which the employer is
11-4 notified of the negative balance by the department.
11-5 Sec. 481.160. ANNUAL REPORT. (a) The executive director
11-6 shall report to the governor and the legislature at the end of each
11-7 fiscal year on the status of the program.
11-8 (b) The annual report must include for that fiscal year:
11-9 (1) the number of employers receiving grants under the
11-10 program;
11-11 (2) the total amount of grants awarded;
11-12 (3) the value, expressed in dollars and as a
11-13 percentage of total training expenditures, of matching
11-14 contributions made by employers;
11-15 (4) the number of small businesses, as defined by
11-16 Section 481.101(3), that receive grants under the program and the
11-17 total amount of the grants awarded to those businesses;
11-18 (5) the number of businesses located in enterprise
11-19 zones, as that term is defined by the Texas Enterprise Zone Act
11-20 (Article 5190.7, Vernon's Texas Civil Statutes), that receive
11-21 grants under the program and the total amount of the grants awarded
11-22 to those businesses;
11-23 (6) the geographical distribution of employers
11-24 receiving grants under the program;
11-25 (7) the total number of jobs created, enhanced, or
11-26 retained under the program, reported by region of the state and by
11-27 occupation;
12-1 (8) the wage levels of trainees entering or returning
12-2 to the work force, broken down by current employees undergoing
12-3 retraining and new hires, at three months, one year, and three
12-4 years after the conclusion of their training;
12-5 (9) the number and percentage of participating
12-6 employers that provide workers' compensation insurance coverage and
12-7 the number and percentage of employees covered;
12-8 (10) the number and percentage of participating
12-9 employers that offer health care insurance coverage and the number
12-10 and percentage of employees covered;
12-11 (11) the number and percentage of women employers and
12-12 minority employers receiving grants under the program and the total
12-13 amount of the grants awarded;
12-14 (12) the number and percentage of women, minority
12-15 group members, and disabled individuals participating as trainees
12-16 in training projects; and
12-17 (13) the number and percentage of women private
12-18 providers and private providers who are minority group members
12-19 utilized by employers in training projects.
12-20 Sec. 481.161. EXPIRATION. This subchapter expires December
12-21 31, 1999.
12-22 ARTICLE III. EMPLOYMENT TRAINING INVESTMENT ASSESSMENT;
12-23 PROGRAM FUNDING
12-24 SECTION 3.01. Section 7(b), Texas Unemployment Compensation
12-25 Act (Article 5221b-5, Vernon's Texas Civil Statutes), is amended to
12-26 read as follows:
12-27 (b) Rate of contributions: Except as provided by subsection
13-1 (e) of this Section, each <Each> employer shall pay contributions
13-2 equal to two and seven-tenths percentum (2 7/10%) of wages paid by
13-3 him with respect to employment, except as provided in subsection
13-4 (c) of this Section.
13-5 SECTION 3.02. Section 7(c)(1), Texas Unemployment
13-6 Compensation Act (Article 5221b-5, Vernon's Texas Civil Statutes),
13-7 is amended to read as follows:
13-8 (1) Except as provided by Subsection (f) of this
13-9 section, as <As> of October 1 of each year, the Commission shall
13-10 establish by industry an average contribution rate for the
13-11 immediately succeeding calendar year for each Major Group listed in
13-12 the Standard Industrial Classification Manual published by the
13-13 United States Office of Management and Budget. The Commission
13-14 shall establish the annual contribution rate for a particular
13-15 industry by averaging the contribution rates paid by employers in
13-16 that industry over the preceding year ending September 30, based on
13-17 the employment records maintained by the Commission. The
13-18 Commission shall assign each employer to a Major Group in
13-19 accordance with the definitions contained in the manual. An
13-20 employer shall pay contributions for the calendar year in which the
13-21 person becomes an employer at the rate established for that year
13-22 for the Major Group to which the employer is assigned, or at two
13-23 and seven-tenths percent (2.7%) of the taxable wages paid by that
13-24 employer, whichever rate is greater, until his account has been
13-25 chargeable with benefits throughout each calendar month of the four
13-26 (4) consecutive calendar quarters immediately preceding the date as
13-27 of which such employer's rate is determined. The contribution rate
14-1 of each employer who has had at least four (4) such calendar
14-2 quarters of compensation experience shall be determined as provided
14-3 below; except that the contribution rate of any employing unit
14-4 which becomes an employer for the first time during the calendar
14-5 year 1972, other than one which first becomes an employer because
14-6 of the provisions of subsection 19(f)(2) of this Act, shall be one
14-7 percent (1%) rather than two and seven-tenths percent (2.7%) until
14-8 such time as his account has been chargeable with benefits for four
14-9 (4) consecutive calendar quarters and an experience rate is
14-10 computed for him in accordance with this Act.
14-11 SECTION 3.03. Section 7(c)(8), Texas Unemployment
14-12 Compensation Act (Article 5221b-5, Vernon's Texas Civil Statutes),
14-13 is amended to read as follows:
14-14 (8) Except as provided by Subsection (g) of this
14-15 section, in <In> addition to the general rate provided by
14-16 Subdivision (6) of this subsection, each employer entitled to an
14-17 experience rate shall pay a replenishment tax at a rate equal to a
14-18 percentage, stated to the nearest hundredth, derived from the
14-19 following numerator and denominator. The numerator is an amount
14-20 equal to one-half of the amount of benefits paid during the twelve
14-21 (12) months ending the preceding September 30 that are not charged
14-22 to an employer's account, that are charged to employers' accounts
14-23 after the employers have reached maximum liability because of the
14-24 maximum tax rate, or that are charged but considered not
14-25 collectible. The denominator is the total taxable wages for the
14-26 four quarters ending the preceding June 30.
14-27 SECTION 3.04. Section 7, Texas Unemployment Compensation Act
15-1 (Article 5221b-5, Vernon's Texas Civil Statutes), is amended by
15-2 adding Subsections (e), (f), and (g) to read as follows:
15-3 (e) Rate of contributions: Notwithstanding Subsection (b)
15-4 of this section, on and after January 1, 1994, each employer shall
15-5 pay contributions equal to two and six-tenths percent (2-6/10%) of
15-6 wages paid by him with respect to employment, except as provided in
15-7 Subsection (c) of this section. This subsection expires December
15-8 31, 1999.
15-9 (f) Notwithstanding Subsection (c)(1) of this section, on
15-10 and after January 1, 1994, each employer's contribution rate shall
15-11 be two and six-tenths percent (2-6/10%) until his account has been
15-12 chargeable with benefits throughout each calendar month of the four
15-13 (4) consecutive calendar quarters immediately preceding the date as
15-14 of which such employer's rate is determined. The contribution rate
15-15 of each employer who has had at least four (4) such calendar
15-16 quarters of compensation experience shall be determined as provided
15-17 by Subsection (c)(4) of this section. This subsection expires
15-18 December 31, 1999.
15-19 (g) Notwithstanding Subsection (c)(8) of this section, on
15-20 and after January 1, 1994, in addition to the general rate provided
15-21 by Subsection (c)(6) of this section, each employer entitled to an
15-22 experience rate shall pay a replenishment tax at a rate equal to a
15-23 percentage, stated to the nearest hundredth, computed by dividing
15-24 the amount equal to one-half of the amount of benefits paid during
15-25 the twelve (12) months ending the preceding September 30 that are
15-26 not charged to an employer's account, that are charged to
15-27 employers' accounts after the employers have reached maximum
16-1 liability because of the maximum tax rate, or that are charged but
16-2 considered not collectible by an amount equal to the total taxable
16-3 wages for the four quarters ending the preceding June 30, and
16-4 subtracting 0.1 from the quotient. This subsection expires
16-5 December 31, 1999.
16-6 SECTION 3.05. The Texas Unemployment Compensation Act
16-7 (Article 5221b-1 et seq., Vernon's Texas Civil Statutes) is amended
16-8 by adding Section 9e to read as follows:
16-9 Sec. 9e. EMPLOYMENT TRAINING INVESTMENT ASSESSMENT; HOLDING
16-10 FUND; SMART JOBS FUND. (a) In addition to any taxes imposed by
16-11 this Act, there is hereby levied on each employer paying
16-12 contributions under this Act a separate and additional assessment
16-13 of 0.1 percent of wages paid by the employer. This assessment
16-14 shall be known as the employment training investment assessment and
16-15 shall be deposited by the commission into the holding fund created
16-16 under Subsection (b) of this section. The assessment shall be due
16-17 at the same time, collected in the same manner, and subject to the
16-18 same penalties and interest as a contribution assessed under
16-19 Section 7 of this Act (Article 5221b-5, Vernon's Texas Civil
16-20 Statutes).
16-21 (b) The holding fund is established as a special trust fund
16-22 in the custody of the state treasurer separate and apart from all
16-23 public money or funds of this state. The state treasurer shall
16-24 administer the fund in accordance with the directions of the
16-25 commission. Interest accruing on amounts in the holding fund shall
16-26 be deposited on a quarterly basis into the unemployment
16-27 compensation fund.
17-1 (c) If, on September 1 of any calendar year, the commission
17-2 determines that the amount in the unemployment compensation fund
17-3 will exceed 100 percent of its floor as computed under Section
17-4 7(c)(6)(B) of this Act (Article 5221b-5, Vernon's Texas Civil
17-5 Statutes) on the next October 1 computation date, the commission
17-6 shall transfer the amount in the holding fund to the smart jobs
17-7 fund created under Section 481.154, Government Code.
17-8 (d) If, on September 1 of any calendar year, the commission
17-9 determines that the amount in the unemployment compensation fund
17-10 will be at or below 100 percent of its floor as computed under
17-11 Section 7(c)(6)(B) of this Act (Article 5221b-5, Vernon's Texas
17-12 Civil Statutes) on the next October 1 computation date, the
17-13 commission shall transfer to the unemployment compensation fund as
17-14 much of the amount in the holding fund as is necessary to raise the
17-15 amount in the unemployment compensation fund to 100 percent of its
17-16 floor, up to and including the entire amount in the holding fund.
17-17 The commission shall transfer any balance remaining in the holding
17-18 fund to the smart jobs fund created under Section 481.154,
17-19 Government Code.
17-20 (e) This section expires December 31, 1999.
17-21 ARTICLE IV. REPEALER
17-22 SECTION 4.01. Section 481.076, Government Code, is repealed.
17-23 ARTICLE V. TRANSITION; EFFECTIVE DATES; EMERGENCY CLAUSE
17-24 SECTION 5.01. (a) Except as provided by Subsections (b) and
17-25 (c) of this section, this Act takes effect September 1, 1993.
17-26 (b) Except as provided by Subsection (c) of this section,
17-27 the assessment imposed under Section 9e, Texas Unemployment
18-1 Compensation Act (Article 5221b-1 et seq., Vernon's Texas Civil
18-2 Statutes), as added by Article III of this Act, applies only to
18-3 wages paid on or after January 1, 1994.
18-4 (c) If, on October 1, 1993, the amount in the unemployment
18-5 compensation fund is less than the floor of that fund, as computed
18-6 under Section 7(c)(6)(B), Texas Unemployment Compensation Act
18-7 (Article 5221b-5, Vernon's Texas Civil Statutes), Article III of
18-8 this Act takes effect January 1, 1995.
18-9 SECTION 5.02. If, as of June 1, 1994, the Texas Employment
18-10 Commission determines that the amount in the unemployment
18-11 compensation fund will exceed 100 percent of the floor of that
18-12 fund, as computed under Section 7(c)(6)(B), Texas Unemployment
18-13 Compensation Act (Article 5221b-5, Vernon's Texas Civil Statutes),
18-14 on the next October 1 computation date, the commission shall
18-15 immediately transfer from the holding fund established under
18-16 Section 9e(b), Texas Unemployment Compensation Act (Article 5221b-1
18-17 et seq., Vernon's Texas Civil Statutes), as added by this Act, into
18-18 the smart jobs fund established under Section 481.154, Government
18-19 Code, as added by this Act, an amount equal to 25 percent of the
18-20 anticipated balance in the holding fund as of September 1, 1994.
18-21 SECTION 5.03. If the work force development functions and
18-22 job training functions performed by the Texas Employment
18-23 Commission, Texas Department of Commerce, and other state agencies
18-24 are consolidated for performance by one state agency by the 73rd
18-25 Legislature, it is the intent of the legislature that the
18-26 administration of the smart jobs fund program created under this
18-27 Act be transferred to that agency, along with any records or
19-1 property relating to the operation of the smart jobs fund program.
19-2 SECTION 5.04. The importance of this legislation and the
19-3 crowded condition of the calendars in both houses create an
19-4 emergency and an imperative public necessity that the
19-5 constitutional rule requiring bills to be read on three several
19-6 days in each house be suspended, and this rule is hereby suspended.