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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and funding of a green job skills |
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training program that includes training for certain youths and |
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young veterans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Labor Code, is amended by |
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adding Chapter 303A to read as follows: |
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CHAPTER 303A. GREEN JOB SKILLS DEVELOPMENT FUND AND TRAINING |
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PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 303A.001. PURPOSE. The purpose of this chapter is to: |
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(1) promote green industry employment opportunities, |
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including through the establishment of training programs to enhance |
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green job skills and create career opportunities that result in |
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high-wage jobs; |
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(2) foster regional collaboration for the development |
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of green industry employment opportunities; |
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(3) assist in the development of a highly skilled, |
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high-wage, and productive workforce in the green industry; and |
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(4) assist workers, including youth and young |
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veterans, with obtaining education, skills training, and labor |
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market information to enhance their employability, earnings, and |
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standard of living. |
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Sec. 303A.002. DEFINITIONS. In this chapter: |
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(1) "Development fund" means the Texas green job |
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skills development fund. |
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(2) "Green job" means a job in the field of renewable |
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energy or energy efficiency, including a job relating to: |
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(A) energy-efficient building, construction, and |
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retrofitting; |
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(B) renewable energy, including biomass, |
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hydroelectric, geothermal, and ocean energy, and wind and solar |
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power; |
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(C) research and development or manufacturing of |
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advanced battery or energy storage technologies; |
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(D) biofuels from non-feed food stocks; |
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(E) techniques to reduce, reuse, or recycle |
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waste; |
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(F) techniques to recycle products and convert |
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used materials into new products; |
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(G) energy efficiency assessments; |
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(H) manufacturing of sustainable products using |
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sustainable processes and materials; and |
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(I) water conservation and water efficiency. |
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(3) "Recycle" means the process of extracting |
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resources or value from waste by recovering or reusing the |
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material, including the collection and reuse of everyday waste |
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materials. |
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[Sections 303A.003-303A.020 reserved for expansion] |
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SUBCHAPTER B. GREEN JOB SKILLS DEVELOPMENT FUND |
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Sec. 303A.021. TEXAS GREEN JOB SKILLS DEVELOPMENT FUND. |
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(a) The Texas green job skills development fund is an account in |
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the general revenue fund. The account is composed of: |
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(1) legislative appropriations; |
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(2) gifts, grants, donations, and matching funds |
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received under Subsection (b); and |
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(3) other money required by law to be deposited in the |
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account. |
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(b) The commission may solicit and accept gifts, grants, and |
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donations of money from the federal government, local governments, |
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private corporations, or other persons to be used for the purposes |
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of this chapter. |
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(c) Income from money in the account shall be credited to |
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the account. |
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(d) Money in the development fund may be used only for the |
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purposes of this chapter. |
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[Sections 303A.022-303A.030 reserved for expansion] |
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SUBCHAPTER C. GREEN JOB SKILLS GRANT PROGRAM |
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Sec. 303A.031. ESTABLISHMENT OF GREEN JOB SKILLS GRANT |
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PROGRAMS. (a) The commission shall establish a green job skills |
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grant program, funded by the development fund under Section |
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303A.021, through which the commission may award grants for the |
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implementation, expansion, and operation of green job skills |
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training programs. |
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(b) As part of the green jobs skills grant program, the |
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commission shall develop a youth training program that promotes the |
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economic self-sufficiency of youth and young veterans by providing |
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those persons with opportunities to acquire green job skills while |
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performing community service activities. |
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Sec. 303A.032. PARTICIPANT ELIGIBILITY. (a) To be |
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eligible to participate in the youth training program developed |
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under Section 303A.031(b), a participant must be an individual who |
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is at least 16 years of age but not older than 24 years of age on the |
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date of enrollment in a project and who: |
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(1) is not attending high school and has not received a |
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high school diploma or high school equivalency certificate; or |
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(2) is: |
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(A) attending high school or a program leading to |
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a high school equivalency certificate but is at risk of dropping out |
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of high school or the equivalency certification program; and |
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(B) recommended for enrollment in the project by |
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the high school or the equivalency certification program. |
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(b) In addition to meeting the requirements of Subsection |
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(a), a program participant must be: |
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(1) an individual who is: |
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(A) a member of a household that receives public |
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assistance and earns not more than 80 percent of the area median |
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income; |
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(B) educationally disadvantaged, as defined by |
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commission rule; or |
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(C) referred to the program by a school district, |
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state agency, or court; or |
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(2) a veteran who is not older than 24 years of age on |
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initial participation in the program. |
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Sec. 303A.033. GRANT PROGRAM REQUIREMENTS. (a) A training |
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program described by Section 303A.031 funded through a grant |
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awarded under this subchapter must: |
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(1) be hosted by a regional partnership that presents |
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a plan to implement training programs that lead trainees to |
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economic self-sufficiency and career pathways and includes at |
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least: |
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(A) one university, college, technical school, |
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or other nonprofit workforce training provider; |
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(B) one chamber of commerce, local workforce |
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agency, local employer, or other public or private participating |
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entity; |
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(C) one economic development authority; and |
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(D) one community or faith-based nonprofit |
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organization that works with one or more targeted populations; |
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(2) assist an eligible individual in obtaining |
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education, skills training, and labor market information to enhance |
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the individual's employability in green industries; and |
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(3) assist in the development of a highly skilled and |
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productive workforce in green industries. |
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(b) Except as provided by Section 303A.032, a training |
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program awarded a grant under this subchapter shall target a |
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population of eligible individuals for training that includes: |
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(1) workers in high-demand green industries who are in |
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or are preparing for high-wage occupations; |
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(2) workers in declining industries who may be |
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retrained for high-wage occupations in a high-demand green |
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industry; |
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(3) agriculture, timber, or energy sector workers who |
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may be retrained for high-wage occupations in a high-demand green |
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industry; |
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(4) veterans or past or present members of the armed |
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forces of the United States, including the state military forces, |
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or a reserve component of the armed forces or the national guard; |
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(5) unemployed workers; |
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(6) low-income workers, unemployed youth and adults, |
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individuals who did not complete high school, or other underserved |
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sectors of the workforce in high poverty areas; or |
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(7) individuals otherwise determined by the |
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commission to be disadvantaged and in need of training to obtain |
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employment. |
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(c) A training program may receive funding under this |
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chapter for a period not to exceed three years. |
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(d) A training program may use grant funds for support |
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services, including basic skills, literacy, GED, English as a |
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second language, and job readiness training, career guidance, and |
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referral services. |
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(e) A percentage of the grant, to be determined by the |
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commission, must be devoted to administrative costs, costs related |
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to hiring instructors and purchasing equipment, and tuition |
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assistance. |
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Sec. 303A.034. APPLICATION. (a) A regional partnership, |
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as described by Section 303A.033, may apply for a grant under this |
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subchapter in the manner prescribed by the commission. |
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(b) The grant application must require the applicant to |
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provide to the commission the applicant's plan to continue to |
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operate the training program after the grant expires. |
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Sec. 303A.035. ADDITIONAL CONSIDERATIONS IN AWARDING |
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GRANTS. (a) In addition to the factors described by Sections |
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303A.033 and 303A.034, in determining whether to award a grant to an |
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applicant under this subchapter, the commission shall give |
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preference to a training program that: |
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(1) provides certification and a career advancement |
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mechanism to a worker who receives green job skills training under |
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the program; and |
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(2) leverages additional public and private resources |
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to fund the program, including cash or in-kind matches. |
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(b) Grants shall be awarded in a manner that ensures |
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geographic diversity. |
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Sec. 303A.036. RESERVATION FOR CERTAIN PROGRAMS. Twenty |
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percent of the funds available for grant programs under this |
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chapter must be reserved for job skills training programs that |
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serve the unemployed and individuals whose incomes are at or below |
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200 percent of the federal poverty level. |
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Sec. 303A.037. PROJECT REQUIREMENTS; SERVICES TO |
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PARTICIPANTS. A project for which a grant is received under the |
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youth training program must provide to a participant integrated |
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green job occupational skills training and education, divided |
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between: |
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(A) practical, hands-on work experience at |
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project sites; and |
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(B) if the participant has not received a high |
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school diploma or high school equivalency certificate, academic and |
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project-based instruction designed to result in the attainment of a |
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high school diploma or high school equivalency certificate, of |
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which at least 50 percent of the instruction is devoted to applied |
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academic instruction. |
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Sec. 303A.038. TRAINING STIPEND. (a) To the extent |
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authorized by federal law and regulations, a project for which a |
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grant is received under the youth training program must provide a |
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training stipend to each participant enrolled in the project. A |
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training stipend under this section must be: |
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(1) in an amount determined by commission rule; |
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(2) provided for a period not to exceed two years; and |
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(3) conditioned on the demonstration by the |
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participant of improved job performance and personal |
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responsibility as determined by commission rule. |
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(b) To the extent authorized by federal law and regulations, |
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a stipend provided under this section does not count as income or |
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resources for purposes of determining the eligibility of the |
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participant or the participant's household for any form of public |
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assistance or in determining the amount of that assistance. |
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(c) A stipend provided under this section may include a plan |
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for incentives under which additional compensation is provided to a |
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participant who demonstrates excellent attendance and performance. |
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Sec. 303A.039. REPORTS. (a) Not later than the 30th day |
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after the date funding for a grant under this chapter ends, the |
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grant recipient shall submit a report to the commission that |
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contains the following information: |
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(1) the number of participants who entered the |
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program; |
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(2) the demographics of the participants, including |
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race, gender, age, and significant barriers to education such as |
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limited English proficiency, a criminal record, or a physical or |
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mental disability; |
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(3) services received by participants, including |
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training, education, and support services; |
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(4) the amount of program spending per participant; |
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(5) program completion rates; |
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(6) factors determined to interfere significantly |
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with program participation or completion; |
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(7) the average wage at placement, including benefits, |
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and the rate of average wage increases after one year; and |
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(8) any post-employment support services provided. |
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(b) Not later than October 1 of each even-numbered year, the |
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commission shall submit a report to the governor, the lieutenant |
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governor, and the speaker of the house of representatives that |
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includes a summary of all information submitted under Subsection |
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(a). |
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(c) In the report submitted under Subsection (b), the |
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commission shall include the following information for grants |
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awarded under the youth training program: |
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(1) the number of grants awarded; |
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(2) the total dollar amount of grants awarded; |
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(3) the geographical distribution of grants awarded; |
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(4) the number of youths and other participants |
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enrolled in projects funded by grants; |
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(5) the number of youths and other participants who |
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are projected to secure full-time jobs at the conclusion of |
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participation in projects funded by grants; |
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(6) the number of youths who are projected to graduate |
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from high school or receive a high school equivalency certificate |
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while participating in the program; and |
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(7) the estimated dollar savings due to improved |
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energy efficiency in projects funded by grants. |
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Sec. 303A.040. STANDARDS. The commission by rule shall |
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adopt standards for the green job skills training program and youth |
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training program established under this subchapter. |
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SECTION 2. The Texas Workforce Commission shall adopt rules |
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for the program under Chapter 303A, Labor Code, as added by this |
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Act, not later than March 1, 2010. |
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SECTION 3. (a) Subchapter B, Chapter 303A, Labor Code, as |
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added by this Act, takes effect September 1, 2009. |
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(b) Except as provided by Subsection (a) of this section, |
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the Texas Workforce Commission is required to implement the green |
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job skills grant program under Chapter 303A, Labor Code, as added by |
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this Act, only if: |
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(1) the legislature appropriates money for that |
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purpose; or |
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(2) funds are received from the federal government for |
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the implementation of the program. |
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SECTION 4. This Act takes effect September 1, 2009. |