H.B. No. 1935
AN ACT
relating to the establishment of certain programs to support adult
and postsecondary education and workforce development in
high-demand occupations and green jobs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 403, Government Code, is amended by
adding Subchapters O and P to read as follows:
SUBCHAPTER O. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM
Sec. 403.351. DEFINITIONS. In this subchapter:
(1) "Nonprofit organization" means an organization
exempt from federal income taxation under Section 501(a), Internal
Revenue Code of 1986, as an organization described by Section
501(c)(3) of that code.
(2) "Public junior college," "public state college,"
and "public technical institute" have the meanings assigned by
Section 61.003, Education Code.
Sec. 403.352. JOBS AND EDUCATION FOR TEXANS (JET) FUND. (a)
The comptroller shall establish and administer the Jobs and
Education for Texans (JET) fund as a dedicated account in the
general revenue fund.
(b) The following amounts shall be deposited in the fund:
(1) any amounts appropriated by the legislature for
the fund for purposes of this subchapter;
(2) interest earned on the investment of money in the
fund; and
(3) gifts, grants, and other donations received for
the fund.
Sec. 403.353. ADVISORY BOARD. (a) An advisory board of
education and workforce stakeholders is created to assist the
comptroller in administering this subchapter.
(b) The advisory board is composed of seven members who
serve two-year terms and are appointed as follows:
(1) one member appointed by the governor;
(2) one member appointed by the lieutenant governor;
(3) one member appointed by the speaker of the house of
representatives;
(4) one member appointed by the Texas Higher Education
Coordinating Board;
(5) one member appointed by the Texas Workforce
Commission;
(6) one member of the public appointed by the
comptroller; and
(7) the comptroller, who serves as the presiding
officer.
(c) The advisory board shall meet at least once each quarter
to review received applications and recommend awarding grants under
this subchapter.
Sec. 403.354. JOBS AND EDUCATION FOR TEXANS (JET) GRANT
PROGRAM. The comptroller shall establish and administer the Jobs
and Education for Texans (JET) grant program to provide grants to
public junior colleges, public technical institutes, and eligible
nonprofit organizations that apply to the advisory board in the
manner prescribed by the advisory board. The comptroller shall
award the grants on the advice and recommendations of the advisory
board. Grants may be awarded under this subchapter from the JET
fund for the following purposes:
(1) to develop, support, or expand programs of
nonprofit organizations that meet the requirements of Section
403.355 and that prepare low-income students for careers in
high-demand occupations;
(2) to defray the startup costs associated with the
development of new career and technical education programs at
public junior colleges and public technical institutes that meet
the requirements of Section 403.356; and
(3) to provide scholarships for students in career and
technical education programs who meet the requirements of Section
403.357.
Sec. 403.355. GRANTS TO NONPROFIT ORGANIZATIONS FOR
INNOVATIVE AND SUCCESSFUL PROGRAMS. (a) The comptroller may award
a grant to a nonprofit organization eligible under Subsection (b)
for the development, support, or expansion of programs to prepare
low-income students for careers in high-demand occupations.
(b) To be eligible to receive a grant under this section, a
nonprofit organization must:
(1) provide a program to offer assistance to
low-income students in preparing for, applying to, and enrolling in
a public junior college or public technical institute;
(2) be governed by a board or other governing
structure that includes recognized leaders of broad-based
community organizations and members of the local business
community;
(3) demonstrate to the satisfaction of the advisory
board that the organization's program has achieved or will achieve
the following measures of success among program participants, to
the extent applicable to the type of program the organization
provides:
(A) above average completion of developmental
education among participating public junior college or public
technical institute students;
(B) above average persistence rates among
participating public junior college or public technical institute
students; and
(C) above average certificate or degree
completion rates by participating students within a three-year
period compared to demographically comparable public junior
college and public technical institute students; and
(4) provide matching funds in accordance with rules
adopted under Section 403.358.
(c) The matching funds required under Subsection (b)(4) may
be obtained from any source available to the nonprofit
organization, including in-kind contributions, community or
foundation grants, individual contributions, and local
governmental agency operating funds.
(c-1) In determining which eligible nonprofit organizations
should be awarded a grant under this section among two or more
eligible nonprofit organizations offering similar programs, the
comptroller shall give priority to any of those organizations that:
(1) has an existing program in place to assist
veterans; or
(2) demonstrates employment of participating students
at an average full-time starting wage that is equal to or greater
than the prevailing wage for the occupation entered.
(d) Grants awarded under this section must be awarded in a
manner that takes a balanced geographical distribution into
consideration.
(e) This section does not authorize the comptroller to award
a grant to:
(1) a nonprofit organization to provide a
comprehensive educational program to students that serves as a
substitute for a regular educational program provided by a school
district or open-enrollment charter school; or
(2) a private elementary or secondary school.
Sec. 403.356. GRANTS TO EDUCATIONAL INSTITUTIONS FOR CAREER
AND TECHNICAL EDUCATION PROGRAMS. (a) The comptroller may award a
grant for the development of new career and technical education
courses or programs at public junior colleges and public technical
institutes.
(b) A grant received under this section may be used only:
(1) to support courses or programs that prepare
students for career employment in occupations that are identified
by local businesses as being in high demand;
(2) to finance initial costs of career and technical
education course or program development, including the costs of
constructing or renovating facilities, purchasing equipment, and
other expenses associated with the development of a new course; and
(3) to finance a career and technical education course
or program that leads to a license, certificate, or postsecondary
degree.
(c) In awarding a grant under this section, the comptroller
shall primarily consider the potential economic returns to the
state from the development of the career and technical education
course or program. The comptroller may also consider whether the
course or program:
(1) is part of a new, emerging industry or high-demand
occupation;
(2) offers new or expanded dual credit career and
technical educational opportunities in public high schools; or
(3) is provided in cooperation with other public
junior colleges or public technical institutes across existing
service areas.
(d) To be eligible to receive a grant under this section, a
public junior college or public technical institute must provide
matching funds in accordance with rules adopted under Section
403.358. The matching funds may be obtained from any source
available to the college, including in-kind contributions,
industry consortia, community or foundation grants, individual
contributions, and local governmental agency operating funds.
Sec. 403.357. SCHOLARSHIPS. (a) The comptroller may award
a scholarship to a public junior college or public technical
institute student.
(b) To be eligible to receive a scholarship under this
section, a student must:
(1) demonstrate financial need; and
(2) be enrolled in a training program for a
high-demand occupation, as determined by the comptroller on the
recommendation of the advisory board.
Sec. 403.358. RULES. The comptroller shall adopt rules as
necessary for the administration of this subchapter.
Sec. 403.359. STUDY. (a) The comptroller shall conduct a
study of the feasibility of:
(1) basing a portion of all public postsecondary
technical training program funding on the economic benefit of the
program to the state; and
(2) for purposes of Subdivision (1), estimating the
amount of any additional tax revenue generated by employers that
results from the ability of public junior colleges, public state
colleges, or public technical institutes to prepare students for
employment fields for which there is employer demand.
(b) The comptroller shall begin the study not later than
January 1, 2010. Not later than January 1, 2011, the comptroller
shall make recommendations to the lieutenant governor and the
speaker of the house of representatives for legislative action
based on the results of the study.
(c) This section expires September 1, 2011.
SUBCHAPTER P. GREEN JOB SKILLS DEVELOPMENT FUND AND TRAINING
PROGRAM
Sec. 403.401. PURPOSE. The purpose of this subchapter is
to:
(1) promote green industry employment opportunities,
including through the establishment of training programs to enhance
green job skills and create career opportunities that result in
high-wage jobs;
(2) foster regional collaboration for the development
of green industry employment opportunities;
(3) assist in the development of a highly skilled,
high-wage, and productive workforce in the green industry; and
(4) assist workers with obtaining education, skills
training, and labor market information to enhance their
employability, earnings, and standard of living.
Sec. 403.402. DEFINITIONS. In this subchapter:
(1) "Development fund" means the Texas green job
skills development fund.
(2) "Green job" means a job in the field of renewable
energy or energy efficiency, including a job relating to:
(A) energy-efficient building, construction, and
retrofitting;
(B) renewable energy, including biomass,
hydroelectric, geothermal, and ocean energy, and wind and solar
power;
(C) research and development or manufacturing of
advanced battery or energy storage technologies;
(D) biofuels from non-feed food stocks;
(E) techniques to reduce, reuse, or recycle
waste;
(F) techniques to recycle products and convert
used materials into new products;
(G) energy efficiency assessments;
(H) manufacturing of sustainable products using
sustainable processes and materials; and
(I) water conservation and water efficiency.
(3) "Recycle" means the process of extracting
resources or value from waste by recovering or reusing the
material, including the collection and reuse of everyday waste
materials.
Sec. 403.403. TEXAS GREEN JOB SKILLS DEVELOPMENT FUND.
(a) The Texas green job skills development fund is an account in
the general revenue fund. The account is composed of:
(1) legislative appropriations;
(2) gifts, grants, donations, and matching funds
received under Subsection (b); and
(3) other money required by law to be deposited in the
account.
(b) The comptroller may solicit and accept gifts, grants,
and donations of money from the federal government, local
governments, private corporations, or other persons to be used for
the purposes of this subchapter.
(c) Income from money in the account shall be credited to
the account.
(d) Money in the development fund may be used only for the
purposes of this subchapter.
Sec. 403.404. ESTABLISHMENT OF GREEN JOB SKILLS GRANT
PROGRAM. The comptroller shall establish a green job skills grant
program, funded by the development fund under Section 403.403,
through which the comptroller may award grants in cooperation with
the Texas Workforce Commission through the State Energy
Conservation Office for the implementation, expansion, and
operation of green job skills training programs.
Sec. 403.405. GRANT PROGRAM REQUIREMENTS. (a) A training
program funded through a grant awarded under this subchapter must:
(1) be hosted by a regional partnership that presents
a plan to implement training programs that lead trainees to
economic self-sufficiency and career pathways and includes at
least:
(A) one university, college, technical school,
or other nonprofit workforce training provider;
(B) one chamber of commerce, local workforce
agency, local employer, or other public or private participating
entity;
(C) one economic development authority; and
(D) one community or faith-based nonprofit
organization that works with one or more targeted populations;
(2) assist an eligible individual in obtaining
education, skills training, and labor market information to enhance
the individual's employability in green industries; and
(3) assist in the development of a highly skilled and
productive workforce in green industries.
(b) A training program awarded a grant under this subchapter
shall target a population of eligible individuals for training that
includes:
(1) workers in high-demand green industries who are in
or are preparing for high-wage occupations;
(2) workers in declining industries who may be
retrained for high-wage occupations in a high-demand green
industry;
(3) agriculture, timber, or energy sector workers who
may be retrained for high-wage occupations in a high-demand green
industry;
(4) veterans or past or present members of the armed
forces of the United States, including the state military forces,
or a reserve component of the armed forces or the national guard;
(5) unemployed workers;
(6) low-income workers, unemployed youth and adults,
individuals who did not complete high school, or other underserved
sectors of the workforce in high poverty areas; or
(7) individuals otherwise determined by the
comptroller in cooperation with the Texas Workforce Commission to
be disadvantaged and in need of training to obtain employment.
(c) A training program may receive funding under this
subchapter for a period not to exceed three years.
(d) A training program may use grant funds for support
services, including basic skills, literacy, GED, English as a
second language, and job readiness training, career guidance, and
referral services.
(e) A percentage of the grant, to be determined by the
comptroller, must be devoted to administrative costs, costs related
to hiring instructors and purchasing equipment, and tuition
assistance.
Sec. 403.406. APPLICATION. (a) A regional partnership, as
described by Section 403.405, may apply for a grant under this
subchapter in the manner prescribed by the comptroller.
(b) The grant application must require the applicant to
provide to the comptroller the applicant's plan to continue to
operate the training program after the grant expires.
Sec. 403.407. ADDITIONAL CONSIDERATIONS IN AWARDING
GRANTS. (a) In addition to the factors described by Sections
403.404 and 403.405, in determining whether to award a grant to an
applicant under this subchapter, the comptroller shall give
preference to a training program that:
(1) provides certification and a career advancement
mechanism to a worker who receives green job skills training under
the program; and
(2) leverages additional public and private resources
to fund the program, including cash or in-kind matches.
(b) Grants shall be awarded in a manner that ensures
geographic diversity.
Sec. 403.408. RESERVATION FOR CERTAIN PROGRAMS. Twenty
percent of the funds available for grant programs under this
subchapter must be reserved for job skills training programs that
serve the unemployed and individuals whose incomes are at or below
200 percent of the federal poverty level.
Sec. 403.409. REPORT. (a) Not later than the 30th day
after the date funding for a grant under this subchapter ends, the
grant recipient shall submit a report to the comptroller that
contains the following information:
(1) the number of participants who entered the
program;
(2) the demographics of the participants, including
race, gender, age, and significant barriers to education such as
limited English proficiency, a criminal record, or a physical or
mental disability;
(3) services received by participants, including
training, education, and support services;
(4) the amount of program spending per participant;
(5) program completion rates;
(6) factors determined to interfere significantly
with program participation or completion;
(7) the average wage at placement, including benefits,
and the rate of average wage increases after one year; and
(8) any post-employment support services provided.
(b) Not later than October 1 of each even-numbered year, the
comptroller shall submit a report to the governor, the lieutenant
governor, and the speaker of the house of representatives that
includes a summary of all information submitted under Subsection
(a).
Sec. 403.410. STANDARDS. The comptroller by rule shall
adopt standards for a green job skills training program awarded a
grant under this subchapter.
SECTION 2. The comptroller shall adopt rules for the
program under Subchapter P, Chapter 403, Government Code, as added
by this Act, not later than March 1, 2010.
SECTION 3. Grants provided through the Texas Adult Career
Education Grant Program established under Section 403.351,
Government Code, as added by this Act may only benefit a permanent
legal resident or citizen of the United States.
SECTION 4. This Act does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 5. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1935 was passed by the House on May 7,
2009, by the following vote: Yeas 92, Nays 51, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1935 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1935 on May 31, 2009, by the following vote: Yeas 84,
Nays 52, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1935 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1935 on June 1, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor