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.