By Carona                                             S.B. No. 1139
         77R8949 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a construction industry craft training program;
 1-3     imposing a fee.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Add Chapter 312 to Title 4 of the Labor Code to
 1-6     read as follows:
 1-7             CHAPTER 312.  CONSTRUCTION INDUSTRY CRAFT TRAINING
 1-8           Sec. 1.  DEFINITIONS. In this chapter:
 1-9                 (1)  "Commission" means the Texas Workforce Commission.
1-10                 (2)  "Comptroller" means the comptroller of public
1-11     accounts for the State of Texas.
1-12                 (3)  "Program" means the Construction Industry Craft
1-13     Training Program created under this chapter.
1-14           Sec. 2.  PROGRAM. (a)  The Construction Industry Craft
1-15     Training Program is established to provide training for artisans
1-16     and crafts persons to support the building industry in this state.
1-17           (b)  The commission shall develop a plan for the program that
1-18     shall include a training strategy that:
1-19                 (1)  combines supervised, structured
1-20     on-the-job-training with related theoretical instruction and is
1-21     sponsored by employers or labor/management groups that have the
1-22     ability to hire and train in a work environment;
1-23                 (2)  prepares an individual for skilled employment by
1-24     conducting training in bona fide employment settings;
 2-1                 (3)  allows training a current employee in a craft
 2-2     requiring additional training and skill in addition to or in lieu
 2-3     of providing on-the-job training for new employees;
 2-4                 (4)  includes requirements of programs administered by
 2-5     the Bureau of Apprenticeship Training at the United States
 2-6     Department of Labor;
 2-7                 (5)  through a written agreement between the program
 2-8     sponsor and the trainee leads to a certificate of completion and
 2-9     certified employment status;
2-10                 (6)  involves a tangible and generally sizable
2-11     investment on the part of the employer or labor/management program
2-12     sponsor;
2-13                 (7)  pays wages to its participants during the
2-14     on-the-job training phase of their training and that increases
2-15     these wages throughout the training program in accordance with a
2-16     predefined wage progression scale; and
2-17                 (8)  allows participants to learn by working directly
2-18     under the supervision of a specialty craft worker trained in the
2-19     craft, trade, or relevant occupational area.
2-20           Sec. 3.  ADMINISTRATION OF PROGRAM. The commission shall
2-21     administer the program, including the disbursement of funds, and
2-22     shall promulgate rules necessary to implement the program
2-23     including:
2-24                 (1)  formulas and administrative procedures to request
2-25     appropriations of state funds for the program and distribution of
2-26     those funds to employers or labor/management groups;
2-27                 (2)  defining appropriate uses of the funds, including
 3-1     expenditures for training materials, curricula, instruments, or
 3-2     facilities; and
 3-3                 (3)  other procedures or rules as necessary to
 3-4     implement the program.
 3-5           Sec. 4.  FUNDING. (a)  The contractor on a permitted
 3-6     non-residential construction project shall pay a fee of fifty cents
 3-7     per one thousand dollars of construction value to the permitting
 3-8     agency to fund the program.
 3-9           (b)  The fee required in subsection (a) shall be paid
3-10     quarterly to the comptroller and deposited in a fund dedicated to
3-11     the administration of the program.
3-12           (c)  The comptroller shall inform the permitting agency who
3-13     shall cease collecting the fee required in subsection (a) when the
3-14     fund reaches $40 million and will reinstate collection of the fee
3-15     when the fund drops to $10 million.
3-16           (d)  The comptroller shall prescribe the form and manner for
3-17     remittance of the fee provided in this section.
3-18           SECTION 2.  This Act takes effect September 1, 2001.