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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for certain skills development fund grant |
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proposals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 303, Labor Code, is amended by adding |
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Section 303.0032 to read as follows: |
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Sec. 303.0032. REQUIREMENTS FOR CERTAIN GRANT PROPOSALS. |
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(a) In this section, "public junior college" and "public technical |
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institute" have the meanings assigned by Section 61.003, Education |
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Code. |
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(b) Any requirements adopted by the commission with respect |
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to a grant proposal by an employer or trade union and a public |
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junior college, a public technical institute, or the Texas A&M |
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Engineering Extension Service for a skills development fund grant |
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for a customized training project or other appropriate use of the |
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fund must include a requirement that the employer or trade union and |
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the college, institute, or service, as applicable, submit to the |
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commission a written agreement outlining each entity's respective |
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roles and duties if the grant is awarded, including: |
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(1) the duty of the college, institute, or service to: |
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(A) meet grant administration requirements in |
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accordance with commission rule; |
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(B) develop and deliver courses customized to |
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meet the employer's or trade union's specific business needs; and |
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(C) manage and maintain the confidentiality of |
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the employer's or trade union's training information in compliance |
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with federal and state law, including by not sharing the |
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information with any party other than the commission without the |
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employer's or trade union's advanced written approval; and |
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(2) the duty of the employer or trade union to |
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reimburse the college, institute, or service any amount owed by the |
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employer or trade union for: |
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(A) as calculated by the commission, failure to: |
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(i) retain at least 85 percent of trainees |
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for the 90-day period following training completion; or |
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(ii) pay trainees on training completion |
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wages equal to at least any required amount of increased wages or |
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the applicable prevailing wage; and |
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(B) as calculated by the college, institute, or |
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service, any costs not covered by the grant incurred by the college, |
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institute, or service as a result of the employer or trade union: |
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(i) canceling or postponing a class less |
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than 72 hours before the scheduled class time; |
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(ii) failing to send the scheduled number |
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of trainees to classes; |
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(iii) sending a trainee whose occupation is |
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not approved by the grant or who is otherwise not eligible to |
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participate in training; or |
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(iv) requesting make-up classes not funded |
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by the grant. |
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SECTION 2. Section 303.0032, Labor Code, as added by this |
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Act, applies only to a grant proposal submitted to the Texas |
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Workforce Commission on or after the effective date of this Act. A |
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proposal submitted before that date is governed by the law in effect |
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on the date the proposal was submitted, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |