By Raymond H.B. No. 1639
Substitute the following for H.B. No. 1639:
By Raymond C.S.H.B. No. 1639
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and operation of the Texans Work program
1-3 and the establishment of the Texas employment and training account.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-6 adding Chapter 308 to read as follows:
1-7 CHAPTER 308. TEXANS WORK PROGRAM
1-8 Sec. 308.001. LEGISLATIVE INTENT. It is the intent of the
1-9 legislature that this chapter is enacted to enlist employers in a
1-10 partnership with this state to assist recipients of public
1-11 assistance in developing marketable work skills and obtaining
1-12 employment.
1-13 Sec. 308.002. DEFINITIONS. In this chapter:
1-14 (1) "Division" means the division of workforce
1-15 development of the commission.
1-16 (2) "Employer" has the meaning assigned by Section
1-17 61.001.
1-18 (3) "JOBS training program" means the job
1-19 opportunities and basic skills (JOBS) training program under Part
1-20 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
1-21 (4) "Local workforce development board" means a board
1-22 created under Subchapter F, Chapter 2308, Government Code.
1-23 (5) "Program" means the Texans Work program
1-24 established under this chapter.
2-1 (6) "Trainee" means a recipient of food stamps under
2-2 the food stamp program administered under Chapter 33, Human
2-3 Resources Code, and financial assistance under Chapter 31, Human
2-4 Resources Code, who:
2-5 (A) is eligible to participate in the JOBS
2-6 training program; and
2-7 (B) receives on-the-job training through a
2-8 training course offered under the program.
2-9 (7) "Training course" means a course for the
2-10 development of practical employment skills that is:
2-11 (A) offered to trainees by an employer who
2-12 participates in the program; and
2-13 (B) approved as required by this chapter.
2-14 Sec. 308.003. TEXANS WORK PROGRAM. (a) The Texans Work
2-15 program is created as an integrated system of on-the-job training
2-16 for certain persons who receive food stamps under the food stamp
2-17 program administered under Chapter 33, Human Resources Code, and
2-18 financial assistance under Chapter 31, Human Resources Code, and
2-19 are eligible to participate in the JOBS training program. The
2-20 program shall be considered a means-tested program and shall be
2-21 operated through courses conducted by participating employers and
2-22 shall offer direct work experience and skills training.
2-23 (b) The program shall be offered in each area of this state
2-24 in which an employer is located who elects to participate and whose
2-25 participation is approved by the local workforce development board,
2-26 or if a local workforce development board does not exist in the
2-27 employer's area, by the division.
3-1 Sec. 308.004. TRAINING COURSES; APPROVAL. (a) Each
3-2 training course shall be designed by a local participating employer
3-3 to meet the needs of that employer. The training course must
3-4 instruct the trainee in a prearranged curriculum of skills that
3-5 uses systems specific to and produced by the employer's industry.
3-6 (b) The length of a training course may not be less than six
3-7 months or more than 12 months unless an exception is approved by
3-8 the division. The duration of a course shall be based on specific
3-9 training needs.
3-10 (c) An employer whose participation is approved under
3-11 Section 308.003 shall submit to the division in the manner
3-12 prescribed by the commission a description of the employer's
3-13 proposed training course. The employer shall work with the
3-14 division and the Texas Skill Standards Board to develop a training
3-15 course that incorporates instruction in the skill standards
3-16 applicable to that industry. A training course may not be used by
3-17 an employer participating in the plan until the course is approved
3-18 by the commission.
3-19 Sec. 308.005. POWERS AND DUTIES OF COMMISSION AND DIVISION;
3-20 GUIDELINES FOR TRAINING COURSE APPROVAL. (a) The commission shall
3-21 adopt rules as necessary to implement the program, including
3-22 establishing the criteria for determining which persons described
3-23 by Section 308.003(a) may be required to participate in the
3-24 program.
3-25 (b) With the cooperation of the Texas Skill Standards Board,
3-26 the commission shall develop guidelines for the approval of
3-27 employer training courses.
4-1 (c) In developing guidelines under Subsection (b), the
4-2 commission shall condition approval on the expectation that a
4-3 participating employer will develop job descriptions that are
4-4 relevant to regular paid positions in the employer's workplace or
4-5 that are available in the community in which the employer is
4-6 located. In determining whether to approve a particular training
4-7 course, the commission shall specifically consider:
4-8 (1) the administrative burden imposed by participation
4-9 in the program by the participating employer;
4-10 (2) whether the proposed training reasonably may be
4-11 expected to enhance the employability of individual trainees;
4-12 (3) whether the proposed training produces a realistic
4-13 and usable level of skills;
4-14 (4) whether the proposed training is composed of a
4-15 greater ratio of training-to-work than regular employees receive
4-16 under analogous conditions;
4-17 (5) whether the employer has any intention of
4-18 retaining successful trainees as regular employees;
4-19 (6) the extent to which the proposed training includes
4-20 nonspecific work skills; and
4-21 (7) if the employer has previously participated in the
4-22 program, the prior performance of the employer in meeting the
4-23 guidelines described by this subsection.
4-24 (d) The commission may develop incentives for employers who
4-25 have completed a training course offered through the program to
4-26 hire as a regular employee for a period of at least one year a
4-27 trainee who has successfully completed the training course.
5-1 Sec. 308.006. POWERS AND DUTIES OF TEXAS DEPARTMENT OF HUMAN
5-2 SERVICES. The Texas Department of Human Services shall provide to
5-3 the commission and a local workforce development board information
5-4 and technical assistance as necessary to implement the program.
5-5 Sec. 308.007. RIGHTS AND DUTIES OF PARTICIPATING EMPLOYER.
5-6 (a) Each employer who participates in the program shall provide a
5-7 work-training position for trainees under a contract entered into
5-8 with the local workforce development board or with the commission.
5-9 (b) The employer shall interview and select the employer's
5-10 trainees from a list of eligible clients that is provided to the
5-11 employer by the local workforce development board or the
5-12 commission.
5-13 (c) In the operation of a training course, a participating
5-14 employer may use training methods selected by the employer as long
5-15 as those methods instruct the trainees in the applicable skill at
5-16 the applicable standards.
5-17 (d) An employer who participates in the program is not
5-18 liable for the payment of payroll taxes or contributions to the
5-19 unemployment compensation system for a trainee and is not
5-20 obligated to provide health insurance coverage, or retirement or
5-21 pension benefits for the trainee. An employer is responsible to
5-22 the JOBS training program only for quality training, skills
5-23 certification, and reporting of attendance.
5-24 (e) During the training course, the employer shall pay $300
5-25 per month for each trainee to the commission in the manner
5-26 prescribed by the commission. The commission shall deposit the
5-27 amount in the general revenue fund to the credit of the Texas
6-1 employment and training account.
6-2 (f) A trainee is considered an employee of the employer for
6-3 the purposes of Section 401.012, Labor Code.
6-4 Sec. 308.008. RIGHTS OF REGULAR EMPLOYEES. (a) Except as
6-5 provided by Subsection (b), not more than 20 percent of an
6-6 employer's workforce may consist of trainees under the program.
6-7 (b) Subsection (a) does not apply to an employer who has
6-8 fewer than 50 employees.
6-9 (c) As a condition of participation in the program, an
6-10 employer whose regular employees are subject to a collective
6-11 bargaining agreement shall notify the applicable collective
6-12 bargaining agent of the employer's intent to participate in the
6-13 program. The employer shall provide the notice required under this
6-14 subsection before accepting trainees at the employer's workplace.
6-15 (d) A participating employer may not accept a trainee for
6-16 participation in a training course conducted under the program if
6-17 that participation will:
6-18 (1) result in:
6-19 (A) the displacement or partial displacement of
6-20 a regular employee from an existing position;
6-21 (B) the elimination of a vacant position created
6-22 by the laying off of a regular employee during the 90 days
6-23 preceding the employer's participation in the program;
6-24 (C) the elimination of a position that would
6-25 otherwise constitute a promotion for a regular employee; or
6-26 (D) a hiring freeze implemented by the employer;
6-27 or
7-1 (2) impair a collective bargaining agreement in effect
7-2 on the date that the employer proposes to begin participation in
7-3 the program.
7-4 Sec. 308.009. RIGHTS AND DUTIES OF PARTICIPATING TRAINEES.
7-5 (a) Each trainee who participates in the program shall work during
7-6 the training course not less than the minimum number of hours
7-7 required under applicable federal law for work participation for
7-8 recipients of public assistance.
7-9 (b) Each trainee is entitled to:
7-10 (1) the rights provided under Chapters 21 and 101 as
7-11 if the trainee were a regular employee; and
7-12 (2) participation in an administrative dispute
7-13 resolution procedure conducted by the commission to resolve
7-14 grievances involving participation in the program.
7-15 (c) Each trainee shall receive a skill standards
7-16 certification on successful completion of a training course offered
7-17 under the program.
7-18 Sec. 308.010. ACCOUNT. (a) The Texas employment and
7-19 training account is established as a special account in the general
7-20 revenue fund. The account is composed of:
7-21 (1) employer contributions paid under Section 308.007;
7-22 and
7-23 (2) state matching funds obtained through the block
7-24 grant received by this state under the JOBS training program.
7-25 (b) Money in the account may be used only for the payment of
7-26 training stipends and for other training activities authorized
7-27 under the program.
8-1 Sec. 308.011. TRAINING STIPEND. (a) The state shall pay to
8-2 each trainee who demonstrates satisfactory participation in a
8-3 training program approved under this chapter a monthly training
8-4 stipend in the manner prescribed by Subsection (c).
8-5 (b) The training stipend is composed of $600 paid to the
8-6 trainee from the Texas employment and training account. In
8-7 addition to the stipend, the trainee shall continue to receive the
8-8 amount of benefits that the trainee is eligible to receive under
8-9 the program of financial assistance under Chapter 31, Human
8-10 Resources Code, and the food stamp program administered under
8-11 Chapter 33, Human Resources Code.
8-12 (c) The state may transfer the monthly training stipend to a
8-13 trainee by electronic benefits transfer (EBT) to an account if that
8-14 method is determined by the Texas Department of Human Services to
8-15 be cost-effective.
8-16 (d) The training stipend does not constitute income to the
8-17 trainee for purposes of determining eligibility for and the amount
8-18 of benefits received under Chapter 31, Human Resources Code. A
8-19 trainee who participates in a training program in a satisfactory
8-20 manner is entitled to full JOBS benefits and benefits under the
8-21 financial assistance program and food stamp program during the
8-22 training program. A trainee who terminates participation in the
8-23 training program before the conclusion of the training loses
8-24 eligibility for the training stipend and the JOBS benefits but
8-25 remains eligible to receive benefits under the financial assistance
8-26 program and food stamp program.
8-27 (e) Excessive unexcused absences from participation subjects
9-1 a trainee to a reduction in the training stipend in an amount set
9-2 by the commission.
9-3 (f) The training stipend shall be paid on the first workday
9-4 of each month following the month in which the trainee participates
9-5 in the training program.
9-6 Sec. 308.012. REPORT; RECORDS. (a) The commission shall
9-7 collect information and maintain records regarding:
9-8 (1) the operation and outcome of the program;
9-9 (2) impediments identified by the commission that
9-10 affect the successful operation of the program; and
9-11 (3) complaints or other comments regarding the program
9-12 received by the commission from employers, trainees, regular
9-13 employees, and local workforce development boards.
9-14 (b) Information maintained by the commission under
9-15 Subsection (a) is a public record.
9-16 (c) The commission shall report to the 76th Legislature not
9-17 later than January 31, 1999, regarding the information collected
9-18 under Subsection (a). This subsection expires March 1, 1999.
9-19 SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
9-20 is amended by adding Section 31.0037 to read as follows:
9-21 Sec. 31.0037. EARNED INCOME FROM WORK PROGRAM. The
9-22 department may not consider any income earned by a recipient of
9-23 financial assistance under the Texans Work program established
9-24 under Chapter 308, Labor Code, for purposes of determining:
9-25 (1) the amount of financial assistance granted to an
9-26 individual under this chapter for the support of dependent
9-27 children; or
10-1 (2) whether the family meets household income and
10-2 resource requirements for financial assistance under this chapter.
10-3 SECTION 3. Sec. 401.012(b), Labor Code, is amended to read
10-4 as follows:
10-5 (b) The term "employee" includes:
10-6 (1) an employee employed in the usual course and scope
10-7 of the employer's business who is directed by the employer
10-8 temporarily to perform services outside the usual course and scope
10-9 of the employer's business; [and]
10-10 (2) a person, other than an independent contractor or
10-11 the employee of an independent contractor, who is engaged in
10-12 construction, remodeling, or repair work for the employer at the
10-13 premises of the employer; and
10-14 (3) a person who is a trainee in the Texans Work
10-15 program, as that term is defined in Section 308.001, Labor Code.
10-16 SECTION 4. If, before implementing any provision of this
10-17 Act, a state agency determines that a waiver or authorization from
10-18 a federal agency is necessary for implementation, the state agency
10-19 shall request the waiver or authorization and may delay
10-20 implementing that provision until the waiver or authorization is
10-21 granted.
10-22 SECTION 5. The changes in law made by this Act apply only to
10-23 a person who receives financial assistance under Chapter 31, Human
10-24 Resources Code, and food stamps administered by the Texas
10-25 Department of Human Services under Chapter 33, Human Resources
10-26 Code, on or after the effective date of this Act, regardless of the
10-27 date on which eligibility for the food stamps or financial
11-1 assistance was determined.
11-2 SECTION 6. This Act takes effect September 1, 1997.
11-3 SECTION 7. The importance of this legislation and the
11-4 crowded condition of the calendars in both houses create an
11-5 emergency and an imperative public necessity that the
11-6 constitutional rule requiring bills to be read on three several
11-7 days in each house be suspended, and this rule is hereby suspended.