84R11526 MAW-F By: Alvarado H.B. No. 3616 A BILL TO BE ENTITLED AN ACT relating to the use of certain funds for workforce development. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 204.123, Labor Code, is amended to read as follows: Sec. 204.123. TRANSFER FROM HOLDING FUND [TO SKILLS DEVELOPMENT FUND, TRAINING STABILIZATION FUND, AND COMPENSATION FUND]. (a) If, on September 1 of a year, the commission determines that the amount in the compensation fund will exceed 100 percent of its floor as computed under Section 204.061 on the next October 1 computation date, the commission shall transfer from the holding fund created under Section 204.122: (1) during any state fiscal biennium beginning on or after September 1, 2007, 100 percent to the skills development fund created under Section 303.003, except that the amount transferred under this subdivision may not exceed the amount appropriated by the legislature to the skills development program strategies and activities in that biennium; (2) to the commission to be used for expenses related to workforce development, an amount not to exceed 50 percent of the remaining amount in the holding fund after the distribution under Subdivision (1); and (3) [(2)] any remaining amount in the holding fund after the distributions [distribution] under Subdivisions [Subdivision] (1) and (2) to the training stabilization fund created under Section 302.101. (b) If, on September 1 of a year, the commission determines that the amount in the compensation fund will be at or below 100 percent of its floor as computed under Section 204.061 on the next October 1 computation date, the commission shall transfer to the compensation fund as much of the amount in the holding fund as is necessary to raise the amount in the compensation fund to 100 percent of its floor, up to and including the entire amount in the holding fund. The commission shall transfer any remaining balance in the holding fund [to the skills development fund and the training stabilization fund] in the manner prescribed by Subsection (a). SECTION 2. Sections 302.101(b) and (c), Labor Code, are amended to read as follows: (b) Money in the training stabilization fund may be used only as provided by this subsection and Subsection (c). Not later than September 30 in a year in which the amounts in the employment and training investment holding fund are insufficient to meet the legislative appropriation for that fiscal year for the skills development program strategies and activities, money [. [(c) Money] in the training stabilization fund shall be transferred to the skills development fund in an amount [under Subsection (b) not later than September 30. The amount transferred from the training stabilization fund may] not to exceed the amounts appropriated to the skills development program strategies and activities in the fiscal year in which the transfer is made. (c) The commission may use up to 50 percent of the money in the training stabilization fund for expenses related to workforce development. SECTION 3. This Act takes effect September 1, 2015.