By Ellis, et al. S.B. No. 1262
75R7279 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and operation of a pilot program to
1-3 provide employment and training for certain persons on public
1-4 assistance.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-7 adding Chapter 309 to read as follows:
1-8 CHAPTER 309. PILOT WORK PROGRAM FOR
1-9 PUBLIC ASSISTANCE RECIPIENTS
1-10 Sec. 309.001. DEFINITIONS. In this chapter:
1-11 (1) "Division" means the division of workforce
1-12 development of the commission.
1-13 (2) "Employer" has the meaning assigned by Section
1-14 61.001.
1-15 (3) "JOBS training program" means the job
1-16 opportunities and basic skills (JOBS) training program under Part
1-17 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
1-18 (4) "Local workforce development board" means a board
1-19 created under Subchapter F, Chapter 2308, Government Code.
1-20 (5) "Pilot program" means the pilot work program for
1-21 recipients of public assistance established under this chapter.
1-22 (6) "Trainee" means a recipient of food stamps under
1-23 the food stamp program under Chapter 33, Human Resources Code, and
1-24 financial assistance under Chapter 31, Human Resources Code, who:
2-1 (A) is eligible to participate in the JOBS
2-2 training program; and
2-3 (B) receives on-the-job training through a
2-4 training course offered under the pilot program.
2-5 (7) "Training course" means a course for the
2-6 development of practical employment skills that is:
2-7 (A) offered to trainees by an employer who
2-8 participates in the pilot program; and
2-9 (B) approved as required by this chapter.
2-10 Sec. 309.002. PILOT PROGRAM. (a) The division shall
2-11 establish a pilot program that provides on-the-job training and
2-12 other employment services for certain persons who receive food
2-13 stamps under the food stamp program under Chapter 33, Human
2-14 Resources Code, and financial assistance under Chapter 31, Human
2-15 Resources Code, and are eligible to participate in the JOBS
2-16 training program. The pilot program shall be operated through
2-17 courses conducted by participating employers and shall offer direct
2-18 work experience and skills training.
2-19 (b) The pilot program shall be offered in an area of the
2-20 state designated by the division. An employer in the area may
2-21 elect to participate if approved by the local workforce development
2-22 board, or if a local workforce development board does not exist in
2-23 the employer's area, by the division.
2-24 (c) The pilot program must include ongoing job-retention and
2-25 reemployment assistance for not less than one year for a
2-26 participant who obtains part-time employment after completing the
2-27 pilot program.
3-1 Sec. 309.003. TRAINING COURSES; APPROVAL. Each training
3-2 course shall be designed by a local participating employer to meet
3-3 the needs of that employer. The training course must instruct the
3-4 trainee in a prearranged curriculum of skills that uses systems
3-5 specific to and produced by the employer's industry.
3-6 Sec. 309.004. POWERS AND DUTIES OF COMMISSION; DIVISION.
3-7 (a) The commission shall adopt rules as necessary to implement the
3-8 pilot program, including establishing the criteria for determining
3-9 which persons described by Section 309.002(a) may be required to
3-10 participate in the pilot program.
3-11 (b) With the cooperation of the Texas Skill Standards Board,
3-12 the commission shall develop guidelines for the approval of
3-13 employer training courses.
3-14 (c) The Texas Department of Human Services shall provide to
3-15 the commission and a local workforce development board information
3-16 and technical assistance as necessary to implement the pilot
3-17 program.
3-18 Sec. 309.005. TRAINING STIPEND; PAYROLL TAXES. (a) The
3-19 state shall pay to each trainee who demonstrates satisfactory
3-20 participation in a training pilot program approved under this
3-21 chapter a monthly training stipend in the manner prescribed by
3-22 Subsection (c).
3-23 (b) The training stipend is composed of:
3-24 (1) $600 paid to the trainee; and
3-25 (2) the amount of benefits that the trainee is
3-26 eligible to receive under the pilot program of financial assistance
3-27 under Chapter 31, Human Resources Code, and the food stamp program
4-1 administered under Chapter 33, Human Resources Code.
4-2 (c) The state shall transfer the monthly training stipend to
4-3 a trainee by electronic benefits transfer (EBT) to an account.
4-4 (d) The training stipend does not constitute income to the
4-5 trainee. A trainee who participates in a pilot program in a
4-6 satisfactory manner is entitled to full JOBS benefits and benefits
4-7 under the financial assistance program and food stamp program
4-8 during the pilot program. A trainee who terminates participation
4-9 in the pilot program before the conclusion of the training loses
4-10 eligibility for the training stipend and the JOBS benefits but
4-11 remains eligible to receive benefits under the financial assistance
4-12 program and food stamp program.
4-13 (e) Excessive unexcused absences from participation subjects
4-14 a trainee to a reduction in the training stipend in an amount set
4-15 by the commission.
4-16 (f) An employer who participates in the pilot program is not
4-17 liable for the payment of payroll taxes or contributions to the
4-18 unemployment compensation system for a trainee and is not
4-19 obligated to provide workers' compensation insurance coverage,
4-20 health insurance coverage, or retirement or pension benefits for
4-21 the trainee. An employer is responsible to the JOBS training
4-22 program only for quality training, skills certification, and
4-23 reporting of attendance.
4-24 SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
4-25 is amended by adding Section 31.0037 to read as follows:
4-26 Sec. 31.0037. EARNED INCOME FROM WORK PROGRAM. The
4-27 department may not consider any income earned by a recipient of
5-1 financial assistance under the pilot work program established under
5-2 Chapter 309, Labor Code, for purposes of determining:
5-3 (1) the amount of financial assistance granted to an
5-4 individual under this chapter for the support of dependent
5-5 children; or
5-6 (2) whether the family meets household income and
5-7 resource requirements for financial assistance under this chapter.
5-8 SECTION 3. If, before implementing any provision of this
5-9 Act, a state agency determines that a waiver or authorization from
5-10 a federal agency is necessary for implementation, the state agency
5-11 shall request the waiver or authorization and may delay
5-12 implementing that provision until the waiver or authorization is
5-13 granted.
5-14 SECTION 4. The changes in law made by this Act apply only to
5-15 a person who receives financial assistance under Chapter 31, Human
5-16 Resources Code, and food stamps administered by the Texas
5-17 Department of Human Services under Chapter 33, Human Resources
5-18 Code, on or after the effective date of this Act, regardless of the
5-19 date on which eligibility for the food stamps or financial
5-20 assistance was determined.
5-21 SECTION 5. Not later than January 15, 1999, the Texas
5-22 Workforce Commission shall submit to the governor and the
5-23 legislature an initial report concerning the effectiveness of the
5-24 pilot program created under Chapter 309, Labor Code. The Texas
5-25 Workforce Commission shall submit to the governor and legislature a
5-26 subsequent report not later than January 15, 2001.
5-27 SECTION 6. (a) This Act takes effect September 1, 1997.
6-1 (b) The Texas Workforce Commission shall establish the pilot
6-2 program required by Chapter 309, Labor Code, as added by this Act,
6-3 not later than January 1, 1998.
6-4 SECTION 7. Chapter 309, Labor Code, expires September 1,
6-5 2001.
6-6 SECTION 8. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.