Texas 2009 - 81st Regular

Texas House Bill HB1935 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1935
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of certain programs to support adult
6	6	and postsecondary education and workforce development in
7	7	high-demand occupations and green jobs.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 403, Government Code, is amended by
10	10	adding Subchapters O and P to read as follows:
11	11	SUBCHAPTER O. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM
12	12	Sec. 403.351. DEFINITIONS. In this subchapter:
13	13	(1) "Nonprofit organization" means an organization
14	14	exempt from federal income taxation under Section 501(a), Internal
15	15	Revenue Code of 1986, as an organization described by Section
16	16	501(c)(3) of that code.
17	17	(2) "Public junior college," "public state college,"
18	18	and "public technical institute" have the meanings assigned by
19	19	Section 61.003, Education Code.
20	20	Sec. 403.352. JOBS AND EDUCATION FOR TEXANS (JET) FUND. (a)
21	21	The comptroller shall establish and administer the Jobs and
22	22	Education for Texans (JET) fund as a dedicated account in the
23	23	general revenue fund.
24	24	(b) The following amounts shall be deposited in the fund:
25	25	(1) any amounts appropriated by the legislature for
26	26	the fund for purposes of this subchapter;
27	27	(2) interest earned on the investment of money in the
28	28	fund; and
29	29	(3) gifts, grants, and other donations received for
30	30	the fund.
31	31	Sec. 403.353. ADVISORY BOARD. (a) An advisory board of
32	32	education and workforce stakeholders is created to assist the
33	33	comptroller in administering this subchapter.
34	34	(b) The advisory board is composed of seven members who
35	35	serve two-year terms and are appointed as follows:
36	36	(1) one member appointed by the governor;
37	37	(2) one member appointed by the lieutenant governor;
38	38	(3) one member appointed by the speaker of the house of
39	39	representatives;
40	40	(4) one member appointed by the Texas Higher Education
41	41	Coordinating Board;
42	42	(5) one member appointed by the Texas Workforce
43	43	Commission;
44	44	(6) one member of the public appointed by the
45	45	comptroller; and
46	46	(7) the comptroller, who serves as the presiding
47	47	officer.
48	48	(c) The advisory board shall meet at least once each quarter
49	49	to review received applications and recommend awarding grants under
50	50	this subchapter.
51	51	Sec. 403.354. JOBS AND EDUCATION FOR TEXANS (JET) GRANT
52	52	PROGRAM. The comptroller shall establish and administer the Jobs
53	53	and Education for Texans (JET) grant program to provide grants to
54	54	public junior colleges, public technical institutes, and eligible
55	55	nonprofit organizations that apply to the advisory board in the
56	56	manner prescribed by the advisory board. The comptroller shall
57	57	award the grants on the advice and recommendations of the advisory
58	58	board. Grants may be awarded under this subchapter from the JET
59	59	fund for the following purposes:
60	60	(1) to develop, support, or expand programs of
61	61	nonprofit organizations that meet the requirements of Section
62	62	403.355 and that prepare low-income students for careers in
63	63	high-demand occupations;
64	64	(2) to defray the startup costs associated with the
65	65	development of new career and technical education programs at
66	66	public junior colleges and public technical institutes that meet
67	67	the requirements of Section 403.356; and
68	68	(3) to provide scholarships for students in career and
69	69	technical education programs who meet the requirements of Section
70	70	403.357.
71	71	Sec. 403.355. GRANTS TO NONPROFIT ORGANIZATIONS FOR
72	72	INNOVATIVE AND SUCCESSFUL PROGRAMS. (a) The comptroller may award
73	73	a grant to a nonprofit organization eligible under Subsection (b)
74	74	for the development, support, or expansion of programs to prepare
75	75	low-income students for careers in high-demand occupations.
76	76	(b) To be eligible to receive a grant under this section, a
77	77	nonprofit organization must:
78	78	(1) provide a program to offer assistance to
79	79	low-income students in preparing for, applying to, and enrolling in
80	80	a public junior college or public technical institute;
81	81	(2) be governed by a board or other governing
82	82	structure that includes recognized leaders of broad-based
83	83	community organizations and members of the local business
84	84	community;
85	85	(3) demonstrate to the satisfaction of the advisory
86	86	board that the organization's program has achieved or will achieve
87	87	the following measures of success among program participants, to
88	88	the extent applicable to the type of program the organization
89	89	provides:
90	90	(A) above average completion of developmental
91	91	education among participating public junior college or public
92	92	technical institute students;
93	93	(B) above average persistence rates among
94	94	participating public junior college or public technical institute
95	95	students; and
96	96	(C) above average certificate or degree
97	97	completion rates by participating students within a three-year
98	98	period compared to demographically comparable public junior
99	99	college and public technical institute students; and
100	100	(4) provide matching funds in accordance with rules
101	101	adopted under Section 403.358.
102	102	(c) The matching funds required under Subsection (b)(4) may
103	103	be obtained from any source available to the nonprofit
104	104	organization, including in-kind contributions, community or
105	105	foundation grants, individual contributions, and local
106	106	governmental agency operating funds.
107	107	(c-1) In determining which eligible nonprofit organizations
108	108	should be awarded a grant under this section among two or more
109	109	eligible nonprofit organizations offering similar programs, the
110	110	comptroller shall give priority to any of those organizations that:
111	111	(1) has an existing program in place to assist
112	112	veterans; or
113	113	(2) demonstrates employment of participating students
114	114	at an average full-time starting wage that is equal to or greater
115	115	than the prevailing wage for the occupation entered.
116	116	(d) Grants awarded under this section must be awarded in a
117	117	manner that takes a balanced geographical distribution into
118	118	consideration.
119	119	(e) This section does not authorize the comptroller to award
120	120	a grant to:
121	121	(1) a nonprofit organization to provide a
122	122	comprehensive educational program to students that serves as a
123	123	substitute for a regular educational program provided by a school
124	124	district or open-enrollment charter school; or
125	125	(2) a private elementary or secondary school.
126	126	Sec. 403.356. GRANTS TO EDUCATIONAL INSTITUTIONS FOR CAREER
127	127	AND TECHNICAL EDUCATION PROGRAMS. (a) The comptroller may award a
128	128	grant for the development of new career and technical education
129	129	courses or programs at public junior colleges and public technical
130	130	institutes.
131	131	(b) A grant received under this section may be used only:
132	132	(1) to support courses or programs that prepare
133	133	students for career employment in occupations that are identified
134	134	by local businesses as being in high demand;
135	135	(2) to finance initial costs of career and technical
136	136	education course or program development, including the costs of
137	137	constructing or renovating facilities, purchasing equipment, and
138	138	other expenses associated with the development of a new course; and
139	139	(3) to finance a career and technical education course
140	140	or program that leads to a license, certificate, or postsecondary
141	141	degree.
142	142	(c) In awarding a grant under this section, the comptroller
143	143	shall primarily consider the potential economic returns to the
144	144	state from the development of the career and technical education
145	145	course or program. The comptroller may also consider whether the
146	146	course or program:
147	147	(1) is part of a new, emerging industry or high-demand
148	148	occupation;
149	149	(2) offers new or expanded dual credit career and
150	150	technical educational opportunities in public high schools; or
151	151	(3) is provided in cooperation with other public
152	152	junior colleges or public technical institutes across existing
153	153	service areas.
154	154	(d) To be eligible to receive a grant under this section, a
155	155	public junior college or public technical institute must provide
156	156	matching funds in accordance with rules adopted under Section
157	157	403.358. The matching funds may be obtained from any source
158	158	available to the college, including in-kind contributions,
159	159	industry consortia, community or foundation grants, individual
160	160	contributions, and local governmental agency operating funds.
161	161	Sec. 403.357. SCHOLARSHIPS. (a) The comptroller may award
162	162	a scholarship to a public junior college or public technical
163	163	institute student.
164	164	(b) To be eligible to receive a scholarship under this
165	165	section, a student must:
166	166	(1) demonstrate financial need; and
167	167	(2) be enrolled in a training program for a
168	168	high-demand occupation, as determined by the comptroller on the
169	169	recommendation of the advisory board.
170	170	Sec. 403.358. RULES. The comptroller shall adopt rules as
171	171	necessary for the administration of this subchapter.
172	172	Sec. 403.359. STUDY. (a) The comptroller shall conduct a
173	173	study of the feasibility of:
174	174	(1) basing a portion of all public postsecondary
175	175	technical training program funding on the economic benefit of the
176	176	program to the state; and
177	177	(2) for purposes of Subdivision (1), estimating the
178	178	amount of any additional tax revenue generated by employers that
179	179	results from the ability of public junior colleges, public state
180	180	colleges, or public technical institutes to prepare students for
181	181	employment fields for which there is employer demand.
182	182	(b) The comptroller shall begin the study not later than
183	183	January 1, 2010. Not later than January 1, 2011, the comptroller
184	184	shall make recommendations to the lieutenant governor and the
185	185	speaker of the house of representatives for legislative action
186	186	based on the results of the study.
187	187	(c) This section expires September 1, 2011.
188	188	SUBCHAPTER P. GREEN JOB SKILLS DEVELOPMENT FUND AND TRAINING
189	189	PROGRAM
190	190	Sec. 403.401. PURPOSE. The purpose of this subchapter is
191	191	to:
192	192	(1) promote green industry employment opportunities,
193	193	including through the establishment of training programs to enhance
194	194	green job skills and create career opportunities that result in
195	195	high-wage jobs;
196	196	(2) foster regional collaboration for the development
197	197	of green industry employment opportunities;
198	198	(3) assist in the development of a highly skilled,
199	199	high-wage, and productive workforce in the green industry; and
200	200	(4) assist workers with obtaining education, skills
201	201	training, and labor market information to enhance their
202	202	employability, earnings, and standard of living.
203	203	Sec. 403.402. DEFINITIONS. In this subchapter:
204	204	(1) "Development fund" means the Texas green job
205	205	skills development fund.
206	206	(2) "Green job" means a job in the field of renewable
207	207	energy or energy efficiency, including a job relating to:
208	208	(A) energy-efficient building, construction, and
209	209	retrofitting;
210	210	(B) renewable energy, including biomass,
211	211	hydroelectric, geothermal, and ocean energy, and wind and solar
212	212	power;
213	213	(C) research and development or manufacturing of
214	214	advanced battery or energy storage technologies;
215	215	(D) biofuels from non-feed food stocks;
216	216	(E) techniques to reduce, reuse, or recycle
217	217	waste;
218	218	(F) techniques to recycle products and convert
219	219	used materials into new products;
220	220	(G) energy efficiency assessments;
221	221	(H) manufacturing of sustainable products using
222	222	sustainable processes and materials; and
223	223	(I) water conservation and water efficiency.
224	224	(3) "Recycle" means the process of extracting
225	225	resources or value from waste by recovering or reusing the
226	226	material, including the collection and reuse of everyday waste
227	227	materials.
228	228	Sec. 403.403. TEXAS GREEN JOB SKILLS DEVELOPMENT FUND.
229	229	(a) The Texas green job skills development fund is an account in
230	230	the general revenue fund. The account is composed of:
231	231	(1) legislative appropriations;
232	232	(2) gifts, grants, donations, and matching funds
233	233	received under Subsection (b); and
234	234	(3) other money required by law to be deposited in the
235	235	account.
236	236	(b) The comptroller may solicit and accept gifts, grants,
237	237	and donations of money from the federal government, local
238	238	governments, private corporations, or other persons to be used for
239	239	the purposes of this subchapter.
240	240	(c) Income from money in the account shall be credited to
241	241	the account.
242	242	(d) Money in the development fund may be used only for the
243	243	purposes of this subchapter.
244	244	Sec. 403.404. ESTABLISHMENT OF GREEN JOB SKILLS GRANT
245	245	PROGRAM. The comptroller shall establish a green job skills grant
246	246	program, funded by the development fund under Section 403.403,
247	247	through which the comptroller may award grants in cooperation with
248	248	the Texas Workforce Commission through the State Energy
249	249	Conservation Office for the implementation, expansion, and
250	250	operation of green job skills training programs.
251	251	Sec. 403.405. GRANT PROGRAM REQUIREMENTS. (a) A training
252	252	program funded through a grant awarded under this subchapter must:
253	253	(1) be hosted by a regional partnership that presents
254	254	a plan to implement training programs that lead trainees to
255	255	economic self-sufficiency and career pathways and includes at
256	256	least:
257	257	(A) one university, college, technical school,
258	258	or other nonprofit workforce training provider;
259	259	(B) one chamber of commerce, local workforce
260	260	agency, local employer, or other public or private participating
261	261	entity;
262	262	(C) one economic development authority; and
263	263	(D) one community or faith-based nonprofit
264	264	organization that works with one or more targeted populations;
265	265	(2) assist an eligible individual in obtaining
266	266	education, skills training, and labor market information to enhance
267	267	the individual's employability in green industries; and
268	268	(3) assist in the development of a highly skilled and
269	269	productive workforce in green industries.
270	270	(b) A training program awarded a grant under this subchapter
271	271	shall target a population of eligible individuals for training that
272	272	includes:
273	273	(1) workers in high-demand green industries who are in
274	274	or are preparing for high-wage occupations;
275	275	(2) workers in declining industries who may be
276	276	retrained for high-wage occupations in a high-demand green
277	277	industry;
278	278	(3) agriculture, timber, or energy sector workers who
279	279	may be retrained for high-wage occupations in a high-demand green
280	280	industry;
281	281	(4) veterans or past or present members of the armed
282	282	forces of the United States, including the state military forces,
283	283	or a reserve component of the armed forces or the national guard;
284	284	(5) unemployed workers;
285	285	(6) low-income workers, unemployed youth and adults,
286	286	individuals who did not complete high school, or other underserved
287	287	sectors of the workforce in high poverty areas; or
288	288	(7) individuals otherwise determined by the
289	289	comptroller in cooperation with the Texas Workforce Commission to
290	290	be disadvantaged and in need of training to obtain employment.
291	291	(c) A training program may receive funding under this
292	292	subchapter for a period not to exceed three years.
293	293	(d) A training program may use grant funds for support
294	294	services, including basic skills, literacy, GED, English as a
295	295	second language, and job readiness training, career guidance, and
296	296	referral services.
297	297	(e) A percentage of the grant, to be determined by the
298	298	comptroller, must be devoted to administrative costs, costs related
299	299	to hiring instructors and purchasing equipment, and tuition
300	300	assistance.
301	301	Sec. 403.406. APPLICATION. (a) A regional partnership, as
302	302	described by Section 403.405, may apply for a grant under this
303	303	subchapter in the manner prescribed by the comptroller.
304	304	(b) The grant application must require the applicant to
305	305	provide to the comptroller the applicant's plan to continue to
306	306	operate the training program after the grant expires.
307	307	Sec. 403.407. ADDITIONAL CONSIDERATIONS IN AWARDING
308	308	GRANTS. (a) In addition to the factors described by Sections
309	309	403.404 and 403.405, in determining whether to award a grant to an
310	310	applicant under this subchapter, the comptroller shall give
311	311	preference to a training program that:
312	312	(1) provides certification and a career advancement
313	313	mechanism to a worker who receives green job skills training under
314	314	the program; and
315	315	(2) leverages additional public and private resources
316	316	to fund the program, including cash or in-kind matches.
317	317	(b) Grants shall be awarded in a manner that ensures
318	318	geographic diversity.
319	319	Sec. 403.408. RESERVATION FOR CERTAIN PROGRAMS. Twenty
320	320	percent of the funds available for grant programs under this
321	321	subchapter must be reserved for job skills training programs that
322	322	serve the unemployed and individuals whose incomes are at or below
323	323	200 percent of the federal poverty level.
324	324	Sec. 403.409. REPORT. (a) Not later than the 30th day
325	325	after the date funding for a grant under this subchapter ends, the
326	326	grant recipient shall submit a report to the comptroller that
327	327	contains the following information:
328	328	(1) the number of participants who entered the
329	329	program;
330	330	(2) the demographics of the participants, including
331	331	race, gender, age, and significant barriers to education such as
332	332	limited English proficiency, a criminal record, or a physical or
333	333	mental disability;
334	334	(3) services received by participants, including
335	335	training, education, and support services;
336	336	(4) the amount of program spending per participant;
337	337	(5) program completion rates;
338	338	(6) factors determined to interfere significantly
339	339	with program participation or completion;
340	340	(7) the average wage at placement, including benefits,
341	341	and the rate of average wage increases after one year; and
342	342	(8) any post-employment support services provided.
343	343	(b) Not later than October 1 of each even-numbered year, the
344	344	comptroller shall submit a report to the governor, the lieutenant
345	345	governor, and the speaker of the house of representatives that
346	346	includes a summary of all information submitted under Subsection
347	347	(a).
348	348	Sec. 403.410. STANDARDS. The comptroller by rule shall
349	349	adopt standards for a green job skills training program awarded a
350	350	grant under this subchapter.
351	351	SECTION 2. The comptroller shall adopt rules for the
352	352	program under Subchapter P, Chapter 403, Government Code, as added
353	353	by this Act, not later than March 1, 2010.
354	354	SECTION 3. Grants provided through the Texas Adult Career
355	355	Education Grant Program established under Section 403.351,
356	356	Government Code, as added by this Act may only benefit a permanent
357	357	legal resident or citizen of the United States.
358	358	SECTION 4. This Act does not make an appropriation. This
359	359	Act takes effect only if a specific appropriation for the
360	360	implementation of the Act is provided in a general appropriations
361	361	act of the 81st Legislature.
362	362	SECTION 5. This Act takes effect immediately if it receives
363	363	a vote of two-thirds of all the members elected to each house, as
364	364	provided by Section 39, Article III, Texas Constitution. If this
365	365	Act does not receive the vote necessary for immediate effect, this
366	366	Act takes effect September 1, 2009.
367	367	______________________________ ______________________________
368	368	President of the Senate Speaker of the House
369	369	I certify that H.B. No. 1935 was passed by the House on May 7,
370	370	2009, by the following vote: Yeas 92, Nays 51, 2 present, not
371	371	voting; that the House refused to concur in Senate amendments to
372	372	H.B. No. 1935 on May 29, 2009, and requested the appointment of a
373	373	conference committee to consider the differences between the two
374	374	houses; and that the House adopted the conference committee report
375	375	on H.B. No. 1935 on May 31, 2009, by the following vote: Yeas 84,
376	376	Nays 52, 2 present, not voting.
377	377	______________________________
378	378	Chief Clerk of the House
379	379	I certify that H.B. No. 1935 was passed by the Senate, with
380	380	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
381	381	0; at the request of the House, the Senate appointed a conference
382	382	committee to consider the differences between the two houses; and
383	383	that the Senate adopted the conference committee report on H.B. No.
384	384	1935 on June 1, 2009, by the following vote: Yeas 31, Nays 0.
385	385	______________________________
386	386	Secretary of the Senate
387	387	APPROVED: __________________
388	388	Date
389	389	__________________
390	390	Governor