88R7901 SCP-F
 
  By: Button H.B. No. 4390
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Texas Industry-Recognized Apprenticeship Programs
  Grant Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 302.252(1), Labor Code, is amended to
  read as follows:
               (1)  "Industry-recognized apprenticeship program"
  means a training program that:
                     (A)  provides on-the-job training, preparatory
  instruction, supplementary instruction, or related instruction in
  an occupation that has been recognized as an apprenticeable
  occupation by the commission as provided by commission rule [Office
  of Apprenticeship of the United States Department of Labor]; or
                     (B)  is certified by the commission as an
  industry-recognized apprenticeship program as provided by
  commission rule [by a third-party certifier that has received from
  the United States Department of Labor a favorable determination of
  qualification to award that certification].
         SECTION 2.  Section 302.257, Labor Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The commission shall adopt rules to administer and
  enforce this subchapter, including rules establishing:
               (1)  which occupations are recognized by the commission
  as an apprenticeable occupation for purposes of this subchapter and
  the criteria for that determination, which must include that the
  occupation:
                     (A)  be customarily learned in a practical way
  through a structured, systematic program of on-the-job supervised
  training;
                     (B)  be clearly identified and commonly
  recognized throughout an industry;
                     (C)  involve manual, mechanical, or technical
  skills or knowledge which requires significant on-the-job work
  experience; and
                     (D)  require related instruction to supplement
  the on-the-job training; and
               (2)  a process for and the criteria by which the
  commission may certify a training program as an industry-recognized
  apprenticeship program for purposes of this subchapter.
         (a-1)  The criteria adopted by the commission under
  Subsection (a)(2) must be generally consistent with the standards
  of apprenticeship prescribed by 29 C.F.R. Section 29.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Texas Workforce Commission shall adopt the rules
  required by Section 302.257, Labor Code, as amended by this Act.
         SECTION 4.  The change in law made by this Act applies only
  to a grant awarded under Subchapter I, Chapter 302, Labor Code, on
  or after the effective date of this Act. A grant awarded before
  that date is governed by the law in effect on the date the grant was
  awarded, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2023.