By: West, et al. S.B. No. 1192
 
  (Turner of Tarrant)
 
   
 
 
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.  Section 56.074, Education Code, is amended to
  read as follows:
         Sec. 56.074.  ELIGIBLE INSTITUTION; PARTICIPATION
  REQUIREMENTS.  (a)  An eligible institution is:
               (1)  an institution of higher education; or
               (2)  a private or independent college, university,
  association, agency, institution, or facility that is located in
  this state which meets program standards and accreditation
  comparable to public institutions as determined by the board.
         (b)  To participate in the Texas college work-study program,
  an eligible institution must:
               (1)  provide 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 work-study program positions only to
  supplement and not 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 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 2.  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 3.  Section 56.082, Education Code, is amended to
  read as follows:
         Sec. 56.082.  ANNUAL REPORT. Not later than January 1 of
  each year, the Texas Higher Education Coordinating Board shall
  submit to the governor, the lieutenant governor, the speaker of the
  house of representatives, and the standing legislative committees
  with primary jurisdiction over higher education and post on the
  coordinating board's Internet website a report on the Texas college
  work-study program and the Texas WORKS internship program under
  Subchapter E-1.  The report must include the total number of
  students employed through the programs [program], disaggregated
  by:
               (1)  race, ethnicity, and gender;
               (2)  major and certificate or degree program;
               (3)  classification as a freshman, sophomore, junior,
  or senior or the equivalent;
               (4)  enrollment in a full course load or less than a
  full course load, as determined by the coordinating board;
               (5)  the employment position's location on or off
  campus; and
               (6)  the employer's status as a for-profit or nonprofit
  entity.
         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 wages" means gross wages paid to an
  individual student in the student's program employment.
               (3)  "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 is the Texas
  Working Off-Campus:  Reinforcing Knowledge and Skills (WORKS)
  Internship Program.
         Sec. 56.0853.  PURPOSE.  The purpose of the program is to
  provide jobs funded in part by the State of Texas to enable students
  employed through the program to attend public or private
  institutions of higher education in Texas while exploring career
  options and strengthening marketable skills.
         Sec. 56.0854.  ADMINISTRATION. (a)  The coordinating board
  shall administer the program and collaborate with eligible
  employers to provide students employed through the program with
  employment funded in part by the state.
         (b)  The coordinating board shall establish criteria to
  ensure that:
               (1)  a participating employer is reimbursed under the
  program at the rate established by the coordinating board only for
  fully paid eligible wages; and
               (2)  marketable skills to be strengthened or gained
  through a student's internship position are identified.
         (c)  The coordinating board shall develop a standard
  contract establishing the roles and responsibilities of eligible
  employers, base wages and minimum work hours for students employed
  through the program, and any other provisions identified by the
  coordinating board as necessary to administer the program.  The
  coordinating board shall use the standard contract as a model for
  the memorandum of understanding required to be entered into by
  eligible employers.
         (d)  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 the Texas WORKS internship program.
         (e)  If funding for the program is insufficient to cover the
  cost of all students eligible for the program, as provided by
  coordinating board rule, priority for funding is based on
  eligibility criteria established by coordinating board rule to
  further the purposes of the program.
         (f)  Funds received by students employed through the program
  as eligible wages are not considered as financial aid for the
  academic year in which the funds are earned.
         Sec. 56.0855.  ELIGIBLE 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)  except as provided by Subsection (c), be a private
  nonprofit or for-profit entity or a governmental entity;
               (2)  demonstrate 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;
               (3)  enter into a memorandum of understanding with the
  coordinating board;
               (4)  provide employment to a student employed through
  the program in nonpartisan and nonsectarian activities that relate
  to the student's long-term career interests;
               (5)  use program positions only to supplement and not
  supplant positions normally filled by persons who are not eligible
  to participate in the program, as provided by coordinating board
  rule;
               (6)  provide the entirety of an employed student's
  wages and employee benefits;
               (7)  submit eligible wages to the coordinating board
  for reimbursement; and
               (8)  comply with other requirements adopted by the
  coordinating board under this subchapter.
         (c)  An employer is not eligible to participate in the
  program if the employer is:
               (1)  a public or private institution of higher
  education in Texas; or
               (2)  a career school or college, as defined by Section
  132.001.
         Sec. 56.0856.  ADOPTION OF RULES. (a)  The coordinating
  board shall adopt reasonable rules, consistent with the purpose of
  the program, 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 employer, and include other relevant features
  such as job description, job field, or skills required, 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.
         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 term.
         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.