86R12687 MM-F
 
  By: Turner of Tarrant, Pacheco H.B. No. 3042
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Texas college work-study program and to
  establishing a program for the off-campus employment of certain
  students at public or private institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 56.076, Education Code,
  is amended to read as follows:
         Sec. 56.076.  EMPLOYMENT UNDER PROGRAM [ELIGIBLE EMPLOYER].
         SECTION 2.  Section 56.076(a), Education Code, is amended to
  read as follows:
         (a)  An eligible institution may employ eligible students
  [enter into agreements with employers that participate] in the
  work-study program. To be eligible to participate in the
  work-study program, an eligible institution [employer] must:
               (1)  provide [part-time] employment to an eligible
  student in nonpartisan and nonsectarian activities;
               (2)  provide, insofar as is practicable, employment to
  an eligible student that is related to the student's academic
  interests;
               (3)  use Texas college work-study program positions
  only to supplement and not to supplant positions normally filled by
  persons not eligible to participate in the work-study program;
               (4)  provide from sources other than federal college
  work-study program funds a percentage of an employed student's
  wages that is equal to the percentage of a student's wages that the
  eligible institution [employer] would be required to provide to the
  student in that academic year under the federal college work-study
  program; and
               (5)  provide from sources other than federal college
  work-study funds 100 percent of other employee benefits for the
  employed student.
         SECTION 3.  Section 56.078, Education Code, is amended to
  read as follows:
         Sec. 56.078.  FUNDING. Funding to cover the state's
  contribution toward the funding of the work-study program under
  this subchapter and the Texas WORKS internship program under
  Subchapter E-1 is payable from funds appropriated for that purpose.
         SECTION 4.  Chapter 56, Education Code, is amended by adding
  Subchapter E-1 to read as follows:
  SUBCHAPTER E-1. TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE
  AND SKILLS (WORKS) INTERNSHIP PROGRAM
         Sec. 56.0851.  DEFINITIONS. In this subchapter:
               (1)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (2)  "Eligible institution" means:
                     (A)  an institution of higher education; or
                     (B)  a private or independent institution of
  higher education.
               (3)  "Eligible wages" means gross wages paid to an
  individual student.
               (4)  "Private or independent institution of higher
  education" has the meaning assigned by Section 61.003.
               (5)  "Program" or "Texas WORKS internship program"
  means the Texas Working Off-Campus: Reinforcing Knowledge and
  Skills (WORKS) Internship Program.
         Sec. 56.0852.  PROGRAM NAME. The student financial
  assistance program authorized by this subchapter shall be known as
  the Texas Working Off-Campus: Reinforcing Knowledge and Skills
  (WORKS) Internship Program.
         Sec. 56.0853.  PURPOSE. The purpose of this subchapter is to
  provide jobs funded in part by the State of Texas to enable students
  to attend eligible institutions, explore career options, and
  strengthen marketable skills.
         Sec. 56.0854.  ADMINISTRATIVE AUTHORITY. (a) The
  coordinating board shall administer the program and collaborate
  with participating employers to provide students with employment
  funded in part by the state.
         (b)  State support for the program may not exceed the amount
  specified by appropriation.
         (c)  The coordinating board shall establish criteria to
  ensure that:
               (1)  each participating employer has demonstrated the
  administrative and financial capacity to carry out the employer's
  responsibilities under the program, including the ability to pay
  full wages and benefits to a student employed through the program;
               (2)  each participating employer is reimbursed under
  the program at the contracted rate only for eligible wages paid in
  full to a participating student; and
               (3)  the marketable skills to be strengthened or gained
  through internships under the program have been identified.
         (d)  The coordinating board shall develop a standard
  contract establishing the roles and responsibilities of
  participating employers, including base wages, minimum work hours,
  and any other provision necessary to carry out the purposes of this
  subchapter. The coordinating board shall use the standard contract
  as a model for the memorandum of understanding that the
  coordinating board will require for participation in the program.
         (e)  The coordinating board shall reimburse a participating
  employer at the contracted rate for the eligible wages paid by the
  employer to a student participating in the program.
         (f)  The coordinating board may use funds appropriated for
  the Texas college work-study program and the Texas WORKS internship
  program to establish and maintain an online portal for use by
  students and participating entities in fulfilling their
  responsibilities for participation in the Texas WORKS internship
  program. The coordinating board may use funds appropriated for the
  Texas college work-study program and the Texas WORKS internship
  program to cover the expenses and personnel costs of administering
  and assessing this program.
         (g)  If funding for the program is insufficient to cover the
  cost of all students seeking to participate in the program,
  priority for funding is based on the criteria established by
  coordinating board rules.
         (h)  Funds received by students as eligible wages under the
  program are not considered as financial aid for the academic year in
  which they are earned.
         Sec. 56.0855.  PARTICIPATING EMPLOYER. (a) The
  coordinating board may enter into agreements with employers that
  participate in the program.
         (b)  To be eligible to enter into an agreement with the
  coordinating board to participate in the program, an employer must:
               (1)  be a private nonprofit or for-profit entity or a
  governmental entity, other than an eligible institution or a career
  school or college as defined by Section 132.001;
               (2)  enter into a memorandum of understanding with the
  coordinating board;
               (3)  provide employment to a student in nonpartisan and
  nonsectarian activities that relate to the student's long-term
  career interests;
               (4)  use program positions only to supplement and not
  to supplant positions normally filled by persons not eligible to
  participate in the program;
               (5)  provide the entirety of an employed student's
  wages and employee benefits;
               (6)  submit only eligible wages to the coordinating
  board for reimbursement;
               (7)  meet the criteria for participating as established
  by the coordinating board; and
               (8)  comply with other requirements adopted by the
  coordinating board under this section.
         Sec. 56.0856.  ADOPTION AND DISTRIBUTION OF RULES. (a) The
  coordinating board shall adopt reasonable rules, consistent with
  the purposes and policies of this subchapter, to enforce the
  requirements, conditions, and limitations provided by this
  subchapter.
         (b)  The coordinating board shall adopt rules necessary to
  ensure compliance with the Civil Rights Act of 1964, Title VI (Pub.
  L. No. 88-352), concerning nondiscrimination in admissions or
  employment.
         Sec. 56.0857.  ONLINE LIST OF TEXAS WORKS EMPLOYMENT
  OPPORTUNITIES. The coordinating board shall:
               (1)  establish and maintain an online listing of Texas
  WORKS internship program employment opportunities available to
  students, sortable by department, as appropriate; and
               (2)  ensure that the list is easily accessible to the
  public through a clearly identifiable link that appears in a
  prominent place on the coordinating board's Internet website.
         Sec. 56.0858.  BIENNIAL REPORT. Not later than January 1 of
  each odd-numbered year, the coordinating board shall submit to each
  standing legislative committee with primary jurisdiction over
  higher education and post on the board's Internet website a report
  on the Texas WORKS internship program. The report must include the
  total number of students employed through the program,
  disaggregated by:
               (1)  the location of the employment; and
               (2)  the employer's status as a for-profit or nonprofit
  entity.
         SECTION 5.  Section 56.076(b), Education Code, is repealed.
         SECTION 6.  (a) As soon as practicable after the effective
  date of this Act, the commissioner of the Texas Higher Education
  Coordinating Board shall develop the rules and procedures necessary
  for the implementation of Subchapter E-1, Chapter 56, Education
  Code, as added by this Act.
         (b)  The changes in law made by this Act apply beginning with
  the 2020 summer session.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.