1-1 By: Ellis S.B. No. 367
1-2 (In the Senate - Filed February 16, 1993; February 17, 1993,
1-3 read first time and referred to Committee on Finance;
1-4 March 3, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; March 3, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 367 By: Ellis
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the establishment of a workforce development initiative
1-26 to improve the transition of the youth of this state from school to
1-27 employment and the creation of certain pilot programs to implement
1-28 that initiative.
1-29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-30 SECTION 1. Chapter 481, Government Code, is amended by
1-31 adding Subchapter AA to read as follows:
1-32 SUBCHAPTER AA. WORKFORCE DEVELOPMENT INITIATIVE FOR YOUTH
1-33 Sec. 481.371. PURPOSE. The goal of this subchapter is to
1-34 improve the connection between school and work, to increase student
1-35 incentives to learn, and to improve the transition from school to
1-36 employment for high school students, especially students who do not
1-37 enter a baccalaureate degree program at an institution of higher
1-38 education directly after graduation from high school. The scope of
1-39 this subchapter is limited to skill development programs and
1-40 projects that begin in high school or are tied explicitly to
1-41 serving high school students through formal preapprenticeship
1-42 arrangements.
1-43 Sec. 481.372. DEFINITIONS. In this subchapter:
1-44 (1) "Apprenticeship program" means a training program
1-45 combining work and study that:
1-46 (A) meets recognized standards of
1-47 apprenticeship; and
1-48 (B) is registered with the Bureau of
1-49 Apprenticeship and Training, United States Department of Labor.
1-50 (2) "Apprentice" means an individual who is formally
1-51 enrolled in an apprenticeship program.
1-52 (3) "Career pathways program" means a school-industry
1-53 partnership, including a:
1-54 (A) preapprenticeship program;
1-55 (B) career academy;
1-56 (C) mentoring program;
1-57 (D) internship and practicum program;
1-58 (E) technical preparatory program;
1-59 (F) cooperative education program; and
1-60 (G) any other program that meets the
1-61 qualifications set by the design committee.
1-62 (4) "Design committee" means the Committee on the
1-63 Design of Apprenticeship and Career Pathways Programs for Youth.
1-64 (5) "Employee" means an individual who performs
1-65 services for another under a contract of hire, whether express or
1-66 implied or oral or written.
1-67 (6) "Employer" means a person that employs one or more
1-68 employees.
2-1 (7) "Executive director" means the executive director
2-2 of the department.
2-3 (8) "Initiative" means the workforce development
2-4 initiative.
2-5 (9) "Minority group members" include:
2-6 (A) African-Americans;
2-7 (B) American Indians;
2-8 (C) Asian-Americans; and
2-9 (D) Mexican-Americans and other Americans of
2-10 Hispanic origin.
2-11 (10) "Pilot program" means the youth apprenticeship
2-12 grant pilot program or the career pathways pilot program for youth.
2-13 (11) "Project" means a specific project developed and
2-14 implemented under a pilot program created under this subchapter.
2-15 (12) "Small business" has the meaning assigned by
2-16 Section 481.231.
2-17 (13) "Workforce development initiative" means an
2-18 organized system for the effective transition of the youth of this
2-19 state from school to employment.
2-20 Sec. 481.373. YOUTH APPRENTICESHIP GRANT PILOT PROGRAM. The
2-21 youth apprenticeship grant pilot program is created in the
2-22 department to provide high-quality supervised learning
2-23 opportunities for students at the workplace of a participating
2-24 employer. The program is based on employer involvement and
2-25 commitment.
2-26 Sec. 481.374. CAREER PATHWAYS PILOT PROGRAM FOR YOUTH. The
2-27 career pathways pilot program for youth is created in the
2-28 department to assist secondary school students in the transition
2-29 from school to employment. The program shall take a student who
2-30 has successfully completed the 10th grade through a learning
2-31 process that integrates school and work and high school with the
2-32 first few years of postsecondary learning.
2-33 Sec. 481.375. GENERAL PROVISIONS RELATING TO PILOT PROGRAMS.
2-34 (a) The department shall administer the pilot programs created
2-35 under this subchapter.
2-36 (b) Each pilot program shall:
2-37 (1) foster interactive, team-based learning in the
2-38 classroom and at the workplace;
2-39 (2) include curricula on all aspects of the industry
2-40 in which the student is training;
2-41 (3) use competency-based measures for evaluating
2-42 student progress;
2-43 (4) place strong emphasis on occupational safety;
2-44 (5) provide both academic and occupational
2-45 credentials;
2-46 (6) provide access and support to groups, including
2-47 women, minority group members, and persons with disabilities, and
2-48 explicitly address issues presented by diversity in society and the
2-49 workplace; and
2-50 (7) involve industries and occupations that offer
2-51 entry-level jobs with good opportunities for career advancement
2-52 into high-skill, high-wage jobs.
2-53 (c) The pilot programs are funded through the general
2-54 revenue of this state, local matching funds, and any other funds
2-55 received by the department for use in the programs, from any
2-56 source.
2-57 (d) State funds may not be used to provide wage subsidies to
2-58 employers who hire individuals participating in the programs.
2-59 (e) An age limitation imposed under state or federal law
2-60 regarding employment in hazardous occupations may not be violated
2-61 by a person participating in the pilot program in any capacity.
2-62 Sec. 481.376. GRANTS; GRANT APPLICATIONS. (a) The
2-63 executive director may award a grant for a project that meets the
2-64 requirements established by the department for the applicable pilot
2-65 program. A grant may not be awarded for a project relating to an
2-66 occupation in which there is low demand for workers or an
2-67 oversupply of workers.
2-68 (b) A grant made under this section shall be monitored by
2-69 the department.
2-70 (c) The department shall withdraw a grant for a project if
3-1 the executive director determines that the project is not meeting
3-2 the requirements of the pilot program.
3-3 (d) A grant application must be filed with the department in
3-4 the form prescribed by the executive director. The executive
3-5 director shall act on a completed application not later than the
3-6 30th day after the date on which the application is filed with the
3-7 department.
3-8 (e) The department shall provide organizations that conduct
3-9 training in an occupation for which a grant application is filed or
3-10 in a substantially similar occupation an opportunity to review and
3-11 comment on the project for which the grant is requested prior to
3-12 final approval of the project and the awarding of a grant.
3-13 Sec. 481.377. RULES. The policy board may adopt rules as
3-14 necessary to implement this subchapter and programs adopted under
3-15 this subchapter.
3-16 Sec. 481.378. ANNUAL REPORT. (a) The department shall
3-17 report before January 31 of each year to the governor, the
3-18 lieutenant governor, and the speaker of the house of
3-19 representatives regarding the progress of the initiative.
3-20 (b) The report must list information showing the percentages
3-21 and actual numbers of members of the following groups who have
3-22 received training and education through the pilot programs during
3-23 the preceding calendar year and the types of training, by
3-24 occupation, that members of those groups received:
3-25 (1) minority group members, listed by ethnic
3-26 classification;
3-27 (2) women; and
3-28 (3) persons with disabilities.
3-29 Sec. 481.379. DESIGN COMMITTEE. (a) The Committee on the
3-30 Design of Apprenticeship and Career Pathways Programs for Youth is
3-31 established to advise the department on the workforce development
3-32 initiative.
3-33 (b) The design committee is composed of members appointed by
3-34 the executive director as follows:
3-35 (1) three members who are employers, representing the
3-36 business community, including representation of small businesses;
3-37 (2) three members who are employees, representing the
3-38 labor community, including representation by persons with
3-39 experience in the Apprenticeship and Training Advisory Committee
3-40 created under Chapter 33, Education Code;
3-41 (3) three members who are high school teachers,
3-42 representing secondary education, including representation by
3-43 persons with experience in the federal technical preparatory
3-44 education programs created under 20 U.S.C. Section 2394b;
3-45 (4) three members who are faculty members of
3-46 institutions of higher education, representing higher education,
3-47 including representation by persons with experience in the federal
3-48 technical preparatory education programs created under 20 U.S.C.
3-49 Section 2394b;
3-50 (5) three members who are training directors from
3-51 registered United States Department of Labor Bureau of
3-52 Apprenticeship and Training programs; and
3-53 (6) three members who are persons who are not eligible
3-54 for appointment under Subdivisions (1) through (5), representing
3-55 the general public.
3-56 (c) In addition to the appointed members under Subsection
3-57 (b), the state director of the Bureau of Apprenticeship and
3-58 Training, United States Department of Labor, may serve as an ex
3-59 officio, nonvoting member of the design committee.
3-60 (d) An appointed member of the design committee serves
3-61 without compensation, but is entitled to reimbursement for actual
3-62 and necessary expenses incurred in performing duties as a member of
3-63 the design committee, subject to any applicable limitation in the
3-64 General Appropriations Act.
3-65 (e) The department shall provide necessary personnel to
3-66 staff the design committee. The design committee may also obtain
3-67 additional assistance or staff from other state agencies as
3-68 required to implement its duties under this subchapter.
3-69 Sec. 481.380. POWERS AND DUTIES OF DESIGN COMMITTEE.
3-70 (a) The design committee shall:
4-1 (1) conduct public outreach programs to build public
4-2 awareness of the need to improve the transition from school to
4-3 employment and to build apprenticeship opportunities and career
4-4 pathways for the youth of this state;
4-5 (2) guide the knowledge-development process to achieve
4-6 the initiative;
4-7 (3) develop a consensus among the various groups
4-8 affected by the transition from school to employment regarding the
4-9 initiative; and
4-10 (4) advise the department on all aspects of the
4-11 development of the pilot programs, including grant project
4-12 specifications, eligibility criteria for receipt of grants, and
4-13 program performance standards.
4-14 (b) The design committee shall advise the governor, the
4-15 legislature, and affected state agencies on the workforce
4-16 development initiative and the implementation of long-term
4-17 apprenticeship programs and career pathways programs to improve the
4-18 transition from school to employment. At a minimum, the issues
4-19 addressed by the design committee must include:
4-20 (1) methods of achieving integration of:
4-21 (A) secondary and postsecondary learning;
4-22 (B) academic and vocational or applied learning;
4-23 and
4-24 (C) learning at work with learning at school;
4-25 (2) the intended goals for the programs created under
4-26 this subchapter;
4-27 (3) development of capacities and structures,
4-28 particularly in private industry, to administer and finance the
4-29 career pathways program on a permanent basis;
4-30 (4) professional development for educators, on-the-job
4-31 trainers, and mentors;
4-32 (5) adoption of high academic standards for youths
4-33 participating in programs under this subchapter to enhance future
4-34 academic and career options;
4-35 (6) methods of ensuring access and support to women,
4-36 minority group members, and persons with disabilities;
4-37 (7) provisions for the assessment of any industry
4-38 certification program adopted for youths who successfully complete
4-39 a career pathways program;
4-40 (8) incentives for employers and schools to
4-41 participate in the programs created under this subchapter;
4-42 (9) analyses of attendant safety and liability
4-43 concerns; and
4-44 (10) provisions to ensure that the training provided
4-45 to youths participating in programs created under this subchapter
4-46 is of high quality.
4-47 (c) The design committee shall obtain information from
4-48 national and international benchmark studies to ensure that the
4-49 system adopted in this state produces workers whose skills are
4-50 competitive in the national and international markets and shall
4-51 obtain and provide information relating to similar workforce
4-52 development initiatives in other states, including information
4-53 relating to:
4-54 (1) industry-developed national skill standards; and
4-55 (2) federal or state restructuring of employment and
4-56 training programs.
4-57 (d) The design committee shall report to the 73rd
4-58 Legislature and to the department not later than October 1, 1994,
4-59 relating to the operation of the pilot programs. The report must
4-60 include:
4-61 (1) a status report on the pilot programs;
4-62 (2) recommendations for the design and implementation
4-63 of effective long-term programs for the transition from school to
4-64 employment; and
4-65 (3) an analysis of the operation and success of
4-66 similar programs created in other states and foreign countries.
4-67 Sec. 481.381. ADMINISTRATIVE COSTS. (a) Not more than 10
4-68 percent of the funds available to the department under the
4-69 initiative may be used by the department or the design committee
4-70 for administration of this subchapter, including necessary
5-1 staffing.
5-2 (b) The design committee may use an additional five percent
5-3 of the funds available to the committee under the initiative for
5-4 public outreach and education purposes.
5-5 Sec. 481.382. EXPIRATION. This subchapter expires August
5-6 31, 1995.
5-7 SECTION 2. The Committee on the Design of Apprenticeship and
5-8 Career Pathways Programs for Youth is abolished on August 31, 1995.
5-9 All state property and records in the custody of that committee on
5-10 that date that relate to the operation of the workforce development
5-11 initiative created under Subchapter AA, Chapter 481, Government
5-12 Code, shall be transferred to the custody of the Texas Department
5-13 of Commerce not later than October 1, 1995.
5-14 SECTION 3. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended,
5-19 and that this Act take effect and be in force from and after its
5-20 passage, and it is so enacted.
5-21 * * * * *
5-22 Austin,
5-23 Texas
5-24 March 3, 1993
5-25 Hon. Bob Bullock
5-26 President of the Senate
5-27 Sir:
5-28 We, your Committee on Finance to which was referred S.B. No. 367,
5-29 have had the same under consideration, and I am instructed to
5-30 report it back to the Senate with the recommendation that it do not
5-31 pass, but that the Committee Substitute adopted in lieu thereof do
5-32 pass and be printed.
5-33 Montford,
5-34 Chairman
5-35 * * * * *
5-36 WITNESSES
5-37 FOR AGAINST ON
5-38 ___________________________________________________________________
5-39 Name: Robert Glover, Research Scientist x
5-40 Representing: LBJ School of Public Affairs
5-41 City: Austin
5-42 -------------------------------------------------------------------
5-43 Name: Arturo R. Gil x
5-44 Representing: Tx. Department of Commerce
5-45 City: Austin
5-46 -------------------------------------------------------------------
5-47 Name: Vicki Tynan x
5-48 Representing: State Comptroller
5-49 City: Austin
5-50 -------------------------------------------------------------------
5-51 Name: Thomas Plaut x
5-52 Representing: State Comptroller
5-53 City: Austin
5-54 -------------------------------------------------------------------