By Ellis, et al. S.B. No. 781
75R2615 PB/CLG-D
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. DEFINITIONS. In this chapter:
1-9 (1) "Division" means the division of workforce
1-10 development of the commission.
1-11 (2) "Employer" has the meaning assigned by Section
1-12 61.001.
1-13 (3) "JOBS training program" means the job
1-14 opportunities and basic skills (JOBS) training program under Part
1-15 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
1-16 (4) "Local workforce development board" means a board
1-17 created under Subchapter F, Chapter 2308, Government Code.
1-18 (5) "Program" means the Texans Work program
1-19 established under this chapter.
1-20 (6) "Trainee" means a recipient of food stamps under
1-21 the food stamp program under Chapter 33, Human Resources Code, and
1-22 financial assistance under Chapter 31, Human Resources Code, who:
1-23 (A) is eligible to participate in the JOBS
1-24 training program; and
2-1 (B) receives on-the-job training through a
2-2 training course offered under the program.
2-3 (7) "Training course" means a course for the
2-4 development of practical employment skills that is:
2-5 (A) offered to trainees by an employer who
2-6 participates in the program; and
2-7 (B) approved as required by this chapter.
2-8 Sec. 308.002. TEXANS WORK PROGRAM. (a) The Texans Work
2-9 program is created as an integrated system of on-the-job training
2-10 for certain persons who receive food stamps under the food stamp
2-11 program under Chapter 33, Human Resources Code, and financial
2-12 assistance under Chapter 31, Human Resources Code, and are eligible
2-13 to participate in the JOBS training program. The program shall be
2-14 operated through courses conducted by participating employers and
2-15 shall offer direct work experience and skills training.
2-16 (b) The program shall be offered in each area of this state
2-17 in which an employer is located who elects to participate and whose
2-18 participation is approved by the local workforce development board,
2-19 or if a local workforce development board does not exist in the
2-20 employer's area, by the division.
2-21 Sec. 308.003. TRAINING COURSES; APPROVAL. (a) Each
2-22 training course shall be designed by a local participating employer
2-23 to meet the needs of that employer. The training course must
2-24 instruct the trainee in a prearranged curriculum of skills that
2-25 uses systems specific to and produced by the employer's industry.
2-26 (b) The length of a training course may not be less than six
2-27 months or more than 12 months unless an exception is approved by
3-1 the division. The duration of a course shall be based on specific
3-2 training needs.
3-3 (c) An employer whose participation is approved under
3-4 Section 308.002 shall submit to the division in the manner
3-5 prescribed by the commission a description of the employer's
3-6 proposed training course. The employer shall work with the
3-7 division and the Texas Skill Standards Board to develop a training
3-8 course that incorporates instruction in the skill standards
3-9 applicable to that industry. A training course may not be used by
3-10 an employer participating in the plan until the course is approved
3-11 by the commission.
3-12 Sec. 308.004. POWERS AND DUTIES OF COMMISSION; DIVISION.
3-13 (a) The commission shall adopt rules as necessary to implement the
3-14 program, including establishing the criteria for determining which
3-15 persons described by Section 308.002(a) may be required to
3-16 participate in the program.
3-17 (b) With the cooperation of the Texas Skill Standards Board,
3-18 the commission shall develop guidelines for the approval of
3-19 employer training courses.
3-20 (c) The Texas Department of Human Services shall provide to
3-21 the commission and a local workforce development board information
3-22 and technical assistance as necessary to implement the program.
3-23 Sec. 308.005. RIGHTS AND DUTIES OF PARTICIPATING EMPLOYER.
3-24 (a) Each employer who participates in the program shall provide a
3-25 work-training position for trainees under a contract entered into
3-26 with the local workforce development board or with the commission.
3-27 (b) The employer shall interview and select the employer's
4-1 trainees from a list of eligible clients that is provided to the
4-2 employer by the local workforce development board or the
4-3 commission.
4-4 (c) In the operation of a training course, a participating
4-5 employer may use training methods selected by the employer as long
4-6 as those methods instruct the trainees in the applicable skill at
4-7 the applicable standards.
4-8 (d) An employer who participates in the program is not
4-9 liable for the payment of payroll taxes or contributions to the
4-10 unemployment compensation system for a trainee and is not
4-11 obligated to provide workers' compensation insurance coverage,
4-12 health insurance coverage, or retirement or pension benefits for
4-13 the trainee. An employer is responsible to the JOBS training
4-14 program only for quality training, skills certification, and
4-15 reporting of attendance.
4-16 (e) During the training course, the employer shall pay $300
4-17 per month for each trainee to the commission in the manner
4-18 prescribed by the commission. The commission shall deposit the
4-19 amount in the general revenue fund to the credit of the Texas
4-20 employment and training account.
4-21 Sec. 308.006. RIGHTS AND DUTIES OF PARTICIPATING TRAINEE.
4-22 (a) Each trainee who participates in the plan shall work 40 hours
4-23 per week during the training course.
4-24 (b) A trainee is entitled to receive a skill standards
4-25 certification on successful completion of a training course offered
4-26 under the program.
4-27 Sec. 308.007. ACCOUNT. (a) The Texas employment and
5-1 training account is established as a special account in the general
5-2 revenue fund. The account is composed of:
5-3 (1) employer contributions paid under Section 308.005;
5-4 and
5-5 (2) state matching funds obtained through the block
5-6 grant received by this state under the JOBS training program.
5-7 (b) Money in the account may be used only for the payment of
5-8 training stipends and for other training activities authorized
5-9 under the program.
5-10 Sec. 308.008. TRAINING STIPEND. (a) The state shall pay to
5-11 each trainee who demonstrates satisfactory participation in a
5-12 training program approved under this chapter a monthly training
5-13 stipend in the manner prescribed by Subsection (c).
5-14 (b) The training stipend is composed of:
5-15 (1) $600 paid to the trainee from the Texas employment
5-16 and training account; and
5-17 (2) the amount of benefits that the trainee is
5-18 eligible to receive under the program of financial assistance under
5-19 Chapter 31, Human Resources Code, and the food stamp program
5-20 administered under Chapter 33, Human Resources Code.
5-21 (c) The state shall transfer the monthly training stipend to
5-22 a trainee by electronic benefits transfer (EBT) to an account.
5-23 (d) The training stipend does not constitute income to the
5-24 trainee. A trainee who participates in a training program in a
5-25 satisfactory manner is entitled to full JOBS benefits and benefits
5-26 under the financial assistance program and food stamp program
5-27 during the training program. A trainee who terminates
6-1 participation in the training program before the conclusion of the
6-2 training loses eligibility for the training stipend and the JOBS
6-3 benefits but remains eligible to receive benefits under the
6-4 financial assistance program and food stamp program.
6-5 (e) Excessive unexcused absences from participation subjects
6-6 a trainee to a reduction in the training stipend in an amount set
6-7 by the commission.
6-8 SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
6-9 is amended by adding Section 31.0037 to read as follows:
6-10 Sec. 31.0037. EARNED INCOME FROM WORK PROGRAM. The
6-11 department may not consider any income earned by a recipient of
6-12 financial assistance under the Texans Work program established
6-13 under Chapter 308, Labor Code, for purposes of determining:
6-14 (1) the amount of financial assistance granted to an
6-15 individual under this chapter for the support of dependent
6-16 children; or
6-17 (2) whether the family meets household income and
6-18 resource requirements for financial assistance under this chapter.
6-19 SECTION 3. If, before implementing any provision of this
6-20 Act, a state agency determines that a waiver or authorization from
6-21 a federal agency is necessary for implementation, the state agency
6-22 shall request the waiver or authorization and may delay
6-23 implementing that provision until the waiver or authorization is
6-24 granted.
6-25 SECTION 4. The changes in law made by this Act apply only to
6-26 a person who receives financial assistance under Chapter 31, Human
6-27 Resources Code, and food stamps administered by the Texas
7-1 Department of Human Services under Chapter 33, Human Resources
7-2 Code, on or after the effective date of this Act, regardless of the
7-3 date on which eligibility for the food stamps or financial
7-4 assistance was determined.
7-5 SECTION 5. This Act takes effect September 1, 1997.
7-6 SECTION 6. The importance of this legislation and the
7-7 crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended.