By: Ellis, West, Zaffirini S.B. No. 781
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation and operation of the Texans Work program
1-2 and the establishment of the Texas employment and training account.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-5 adding Chapter 308 to read as follows:
1-6 CHAPTER 308. TEXANS WORK PROGRAM
1-7 Sec. 308.001. LEGISLATIVE INTENT. It is the intent of the
1-8 legislature that this chapter is enacted to enlist employers in a
1-9 partnership with this state to assist recipients of public
1-10 assistance in developing marketable work skills and obtaining
1-11 employment.
1-12 Sec. 308.002. DEFINITIONS. In this chapter:
1-13 (1) "Division" means the division of workforce
1-14 development of the commission.
1-15 (2) "Employer" has the meaning assigned by Section
1-16 61.001.
1-17 (3) "JOBS training program" means the job
1-18 opportunities and basic skills (JOBS) training program under Part
1-19 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
1-20 (4) "Local workforce development board" means a board
1-21 created under Subchapter F, Chapter 2308, Government Code.
1-22 (5) "Program" means the Texans Work program
1-23 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
3-1 or, if a local workforce development board does not exist in the
3-2 employer's area, by the division.
3-3 Sec. 308.004. TRAINING COURSES; APPROVAL. (a) Each
3-4 training course shall be designed by a local participating employer
3-5 to meet the needs of that employer. The training course must
3-6 instruct the trainee in a prearranged curriculum of skills that
3-7 uses systems specific to and produced by the employer's industry.
3-8 (b) The length of a training course may not be less than six
3-9 months or more than 12 months unless an exception is approved by
3-10 the division. The duration of a course shall be based on specific
3-11 training needs.
3-12 (c) An employer whose participation is approved under
3-13 Section 308.003 shall submit to the division in the manner
3-14 prescribed by the commission a description of the employer's
3-15 proposed training course. The employer shall work with the
3-16 division and the Texas Skill Standards Board to develop a training
3-17 course that incorporates instruction in the skill standards
3-18 applicable to that industry. A training course may not be used by
3-19 an employer participating in the plan until the course is approved
3-20 by the commission.
3-21 Sec. 308.005. POWERS AND DUTIES OF COMMISSION AND DIVISION;
3-22 GUIDELINES FOR TRAINING COURSE APPROVAL. (a) The commission shall
3-23 adopt rules as necessary to implement the program, including
3-24 establishing the criteria for determining which persons described
3-25 by Section 308.003(a) may be required to participate in the
4-1 program.
4-2 (b) With the cooperation of the Texas Skill Standards Board,
4-3 the commission shall develop guidelines for the approval of
4-4 employer training courses.
4-5 (c) In developing guidelines under Subsection (b), the
4-6 commission shall condition approval on the expectation that a
4-7 participating employer will develop job descriptions that are
4-8 relevant to regular paid positions in the employer's workplace or
4-9 that are available in the community in which the employer is
4-10 located. In determining whether to approve a particular training
4-11 course, the commission shall specifically consider:
4-12 (1) the administrative burden imposed by participation
4-13 in the program by the participating employer;
4-14 (2) whether the proposed training reasonably may be
4-15 expected to enhance the employability of individual trainees;
4-16 (3) whether the proposed training produces a realistic
4-17 and usable level of skills;
4-18 (4) whether the proposed training is composed of a
4-19 greater ratio of training-to-work than regular employees receive
4-20 under analogous conditions;
4-21 (5) whether the employer has any intention of
4-22 retaining successful trainees as regular employees;
4-23 (6) the extent to which the proposed training includes
4-24 nonspecific work skills; and
4-25 (7) if the employer has previously participated in the
5-1 program, the prior performance of the employer in meeting the
5-2 guidelines described by this subsection.
5-3 (d) The commission may develop incentives for employers who
5-4 have completed a training course offered through the program to
5-5 hire as a regular employee for a period of at least one year a
5-6 trainee who has successfully completed the training course.
5-7 Sec. 308.006. POWERS AND DUTIES OF TEXAS DEPARTMENT OF HUMAN
5-8 SERVICES. The Texas Department of Human Services shall provide to
5-9 the commission and a local workforce development board information
5-10 and technical assistance as necessary to implement the program.
5-11 Sec. 308.007. RIGHTS AND DUTIES OF PARTICIPATING EMPLOYER.
5-12 (a) Each employer who participates in the program shall provide a
5-13 work-training position for trainees under a contract entered into
5-14 with the local workforce development board or with the commission.
5-15 (b) The employer shall interview and select the employer's
5-16 trainees from a list of eligible clients that is provided to the
5-17 employer by the local workforce development board or the
5-18 commission.
5-19 (c) In the operation of a training course, a participating
5-20 employer may use training methods selected by the employer as long
5-21 as those methods instruct the trainees in the applicable skill at
5-22 the applicable standards.
5-23 (d) An employer who participates in the program is not
5-24 liable for the payment of payroll taxes or contributions to the
5-25 unemployment compensation system for a trainee and is not
6-1 obligated to provide health insurance coverage or retirement or
6-2 pension benefits for the trainee. An employer is responsible to
6-3 the JOBS training program only for quality training, skills
6-4 certification, and reporting of attendance.
6-5 (e) During the training course, the employer shall pay $300
6-6 per month for each trainee to the commission in the manner
6-7 prescribed by the commission. The commission shall deposit the
6-8 amount in the general revenue fund to the credit of the Texas
6-9 employment and training account.
6-10 (f) A trainee is considered an employee of the employer for
6-11 purposes of Section 401.012.
6-12 Sec. 308.008. RIGHTS OF REGULAR EMPLOYEES. (a) Except as
6-13 provided by Subsection (b), not more than 20 percent of an
6-14 employer's workforce may consist of trainees under the program.
6-15 (b) Subsection (a) does not apply to an employer who has
6-16 fewer than 50 employees.
6-17 (c) As a condition of participation in the program, an
6-18 employer whose regular employees are subject to a collective
6-19 bargaining agreement shall notify the applicable collective
6-20 bargaining agent of the employer's intent to participate in the
6-21 program. The employer shall provide the notice required under this
6-22 subsection before accepting trainees at the employer's workplace.
6-23 (d) A participating employer may not accept a trainee for
6-24 participation in a training course conducted under the program if
6-25 that participation will:
7-1 (1) result in:
7-2 (A) the displacement or partial displacement of
7-3 a regular employee from an existing position;
7-4 (B) the elimination of a vacant position created
7-5 by the laying off of a regular employee during the 90 days
7-6 preceding the employer's participation in the program;
7-7 (C) the elimination of a position that would
7-8 otherwise constitute a promotion for a regular employee; or
7-9 (D) a hiring freeze implemented by the employer;
7-10 or
7-11 (2) impair a collective bargaining agreement in effect
7-12 on the date that the employer proposes to begin participation in
7-13 the program.
7-14 Sec. 308.009. RIGHTS AND DUTIES OF PARTICIPATING TRAINEES.
7-15 (a) Each trainee who participates in the program shall work during
7-16 the training course not less than the minimum number of hours
7-17 required under applicable federal law for work participation for
7-18 recipients of public assistance.
7-19 (b) Each trainee is entitled to:
7-20 (1) the rights provided under Chapters 21 and 101 as
7-21 if the trainee were a regular employee; and
7-22 (2) participation in an administrative dispute
7-23 resolution procedure conducted by the commission to resolve
7-24 grievances involving participation in the program.
7-25 (c) Each trainee shall receive a skill standards
8-1 certification on successful completion of a training course offered
8-2 under the program.
8-3 Sec. 308.010. ACCOUNT. (a) The Texas employment and
8-4 training account is established as a special account in the general
8-5 revenue fund. The account is composed of:
8-6 (1) employer contributions paid under Section 308.007;
8-7 and
8-8 (2) state matching funds obtained through the block
8-9 grant received by this state under the JOBS training program.
8-10 (b) Money in the account may be used only for the payment of
8-11 training stipends and for other training activities authorized
8-12 under the program.
8-13 Sec. 308.011. TRAINING STIPEND. (a) The state shall pay to
8-14 each trainee who demonstrates satisfactory participation in a
8-15 training program approved under this chapter a monthly training
8-16 stipend in the manner prescribed by Subsection (c).
8-17 (b) The training stipend is composed of $600 paid to the
8-18 trainee from the Texas employment and training account. In
8-19 addition to the stipend, the trainee shall continue to receive the
8-20 amount of benefits that the trainee is eligible to receive under
8-21 the program of financial assistance under Chapter 31, Human
8-22 Resources Code, and the food stamp program administered under
8-23 Chapter 33, Human Resources Code.
8-24 (c) The state may transfer the monthly training stipend to a
8-25 trainee by electronic benefits transfer (EBT) to an account if that
9-1 method is determined by the Texas Department of Human Services to
9-2 be cost-effective.
9-3 (d) The training stipend does not constitute income to the
9-4 trainee for purposes of determining eligibility for and the amount
9-5 of benefits received under Chapter 31, Human Resources Code. A
9-6 trainee who participates in a training program in a satisfactory
9-7 manner is entitled to full JOBS benefits and benefits under the
9-8 financial assistance program and food stamp program during the
9-9 training program. A trainee who terminates participation in the
9-10 training program before the conclusion of the training loses
9-11 eligibility for the training stipend and the JOBS benefits but
9-12 remains eligible to receive benefits under the financial assistance
9-13 program and food stamp program.
9-14 (e) Excessive unexcused absences from participation subjects
9-15 a trainee to a reduction in the training stipend in an amount set
9-16 by the commission.
9-17 (f) The training stipend shall be paid on the first workday
9-18 of each month following the month in which the trainee participates
9-19 in the training program.
9-20 Sec. 308.012. REPORT; RECORDS. (a) The commission shall
9-21 collect information and maintain records regarding:
9-22 (1) the operation and outcome of the program;
9-23 (2) impediments identified by the commission that
9-24 affect the successful operation of the program; and
9-25 (3) complaints or other comments regarding the program
10-1 received by the commission from employers, trainees, regular
10-2 employees, and local workforce development boards.
10-3 (b) Information maintained by the commission under
10-4 Subsection (a) is a public record.
10-5 (c) The commission shall report to the 76th Legislature not
10-6 later than January 31, 1999, regarding the information collected
10-7 under Subsection (a). This subsection expires March 1, 1999.
10-8 SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
10-9 is amended by adding Section 31.0037 to read as follows:
10-10 Sec. 31.0037. EARNED INCOME FROM WORK PROGRAM. The
10-11 department may not consider any income earned by a recipient of
10-12 financial assistance under the Texans Work program established
10-13 under Chapter 308, Labor Code, for purposes of determining:
10-14 (1) the amount of financial assistance granted to an
10-15 individual under this chapter for the support of dependent
10-16 children; or
10-17 (2) whether the family meets household income and
10-18 resource requirements for financial assistance under this chapter.
10-19 SECTION 3. Subsection (b), Section 401.012, Labor Code, is
10-20 amended to read as follows:
10-21 (b) The term "employee" includes:
10-22 (1) an employee employed in the usual course and scope
10-23 of the employer's business who is directed by the employer
10-24 temporarily to perform services outside the usual course and scope
10-25 of the employer's business; [and]
11-1 (2) a person, other than an independent contractor or
11-2 the employee of an independent contractor, who is engaged in
11-3 construction, remodeling, or repair work for the employer at the
11-4 premises of the employer; and
11-5 (3) a person who is a trainee under the Texans Work
11-6 program established under Chapter 308.
11-7 SECTION 4. If, before implementing any provision of this
11-8 Act, a state agency determines that a waiver or authorization from
11-9 a federal agency is necessary for implementation, the state agency
11-10 shall request the waiver or authorization and may delay
11-11 implementing that provision until the waiver or authorization is
11-12 granted.
11-13 SECTION 5. The changes in law made by this Act apply only to
11-14 a person who receives financial assistance under Chapter 31, Human
11-15 Resources Code, and food stamps administered by the Texas
11-16 Department of Human Services under Chapter 33, Human Resources
11-17 Code, on or after the effective date of this Act, regardless of the
11-18 date on which eligibility for the food stamps or financial
11-19 assistance was determined.
11-20 SECTION 6. This Act takes effect September 1, 1997.
11-21 SECTION 7. The importance of this legislation and the
11-22 crowded condition of the calendars in both houses create an
11-23 emergency and an imperative public necessity that the
11-24 constitutional rule requiring bills to be read on three several
11-25 days in each house be suspended, and this rule is hereby suspended.