88R3541 KSD-D
 
  By: Muñoz, Jr. H.B. No. 2368
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements for certain skills development fund grant
  proposals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 303, Labor Code, is amended by adding
  Section 303.0032 to read as follows:
         Sec. 303.0032.  REQUIREMENTS FOR CERTAIN GRANT PROPOSALS.
  (a) In this section, "public junior college" and "public technical
  institute" have the meanings assigned by Section 61.003, Education
  Code.
         (b)  Any requirements adopted by the commission with respect
  to a grant proposal by an employer or trade union and a public
  junior college, a public technical institute, or the Texas A&M
  Engineering Extension Service for a skills development fund grant
  for a customized training project or other appropriate use of the
  fund must include a requirement that the employer or trade union and
  the college, institute, or service, as applicable, submit to the
  commission a written agreement outlining each entity's respective
  roles and duties if the grant is awarded, including:
               (1)  the duty of the college, institute, or service to:
                     (A)  meet grant administration requirements in
  accordance with commission rule;
                     (B)  develop and deliver courses customized to
  meet the employer's or trade union's specific business needs; and
                     (C)  manage and maintain the confidentiality of
  the employer's or trade union's training information in compliance
  with federal and state law, including by not sharing the
  information with any party other than the commission without the
  employer's or trade union's advanced written approval; and
               (2)  the duty of the employer or trade union to
  reimburse the college, institute, or service any amount owed by the
  employer or trade union for:
                     (A)  as calculated by the commission, failure to:
                           (i)  retain at least 85 percent of trainees
  for the 90-day period following training completion; or
                           (ii)  pay trainees on training completion
  wages equal to at least any required amount of increased wages or
  the applicable prevailing wage; and
                     (B)  as calculated by the college, institute, or
  service, any costs not covered by the grant incurred by the college,
  institute, or service as a result of the employer or trade union:
                           (i)  canceling or postponing a class less
  than 72 hours before the scheduled class time;
                           (ii)  failing to send the scheduled number
  of trainees to classes;
                           (iii)  sending a trainee whose occupation is
  not approved by the grant or who is otherwise not eligible to
  participate in training; or
                           (iv)  requesting make-up classes not funded
  by the grant.
         SECTION 2.  Section 303.0032, Labor Code, as added by this
  Act, applies only to a grant proposal submitted to the Texas
  Workforce Commission on or after the effective date of this Act. A
  proposal submitted before that date is governed by the law in effect
  on the date the proposal was submitted, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.