Texas 2017 - 85th Regular

Texas Senate Bill SB1467 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R29742 MM-D
2	1		By: West S.B. No. 1467
3		-	(Lozano, Guillen)
4		-	Substitute the following for S.B. No. 1467: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the Texas college work-study program and to
10	7		establishing a program for the off-campus employment of certain
11	8		students at public or private institutions of higher education.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 56.076(a), Education Code, is amended to
14	11		read as follows:
15	12		(a) An eligible institution may employ eligible students
16	13		[enter into agreements with employers that participate] in the
17	14		work-study program. To be eligible to participate in the
18	15		work-study program, an eligible institution [employer] must:
19	16		(1) provide part-time employment to an eligible
20	17		student in nonpartisan and nonsectarian activities;
21	18		(2) provide, insofar as is practicable, employment to
22	19		an eligible student that is related to the student's academic
23	20		interests;
24	21		(3) use Texas college work-study program positions
25	22		only to supplement and not to supplant positions normally filled by
26	23		persons not eligible to participate in the work-study program;
27	24		(4) provide from sources other than federal college
28	25		work-study program funds a percentage of an employed student's
29	26		wages that is equal to the percentage of a student's wages that the
30	27		eligible institution [employer] would be required to provide to the
31	28		student in that academic year under the federal college work-study
32	29		program; and
33	30		(5) provide from sources other than federal college
34	31		work-study funds 100 percent of other employee benefits for the
35	32		employed student.
36	33		SECTION 2. Section 56.078, Education Code, is amended to
37	34		read as follows:
38	35		Sec. 56.078. FUNDING. Funding to cover the state's
39	36		contribution toward the funding of the work-study program under
40	37		this subchapter and the Texas WORKS internship program under
41	38		Subchapter E-1 is payable from funds appropriated for that purpose.
42		-	SECTION 3. Section 56.082(a), Education Code, is amended
43		-	to read as follows:
	39	+	SECTION 3. Section 56.082(a), Education Code, is amended to
	40	+	read as follows:
44	41		(a) Not later than January 1 of each odd-numbered year, the
45	42		Texas Higher Education Coordinating Board shall submit to the
46	43		standing legislative committees with primary jurisdiction over
47	44		higher education and post on the coordinating board's Internet
48	45		website a report on the Texas college work-study program and the
49	46		Texas WORKS internship program. The report must include the total
50	47		number of students employed through the programs [program],
51	48		disaggregated by:
52	49		(1) the employment position's location on or off
53	50		campus; and
54	51		(2) the employer's status as a for-profit or nonprofit
55	52		entity.
56	53		SECTION 4. Chapter 56, Education Code, is amended by adding
57	54		Subchapter E-1 to read as follows:
58	55		SUBCHAPTER E-1. TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE
59	56		AND SKILLS (WORKS) INTERNSHIP PROGRAM
60	57		Sec. 56.0851. DEFINITIONS. In this subchapter:
61	58		(1) "Coordinating board" means the Texas Higher
62	59		Education Coordinating Board.
63	60		(2) "Eligible wages" means gross wages paid to an
64	61		individual student, not to exceed the amount approved by the
65	62		coordinating board.
66	63		(3) "Program" or "Texas WORKS internship program"
67	64		means the Texas Working Off-Campus: Reinforcing Knowledge and
68	65		Skills (WORKS) Internship Program.
69	66		Sec. 56.0852. PROGRAM NAME. The student financial
70	67		assistance program authorized by this subchapter shall be known as
71	68		the Texas Working Off-Campus: Reinforcing Knowledge and Skills
72	69		(WORKS) Internship Program.
73	70		Sec. 56.0853. PURPOSE. The purpose of this subchapter is to
74	71		provide jobs funded in part by the State of Texas to eligible
75	72		students with financial need to enable those students to attend
76	73		eligible public or private institutions of higher education in
77	74		Texas.
78	75		Sec. 56.0854. ADMINISTRATIVE AUTHORITY. (a) The
79	76		coordinating board shall administer the program and collaborate
80	77		with eligible institutions and employers to provide eligible
81	78		students with part-time employment funded in part by the state.
82	79		(b) State support for the program may not exceed the amount
83	80		specified by appropriation.
84	81		(c) The coordinating board shall establish criteria to
85	82		ensure that:
86	83		(1) each eligible employer has demonstrated the
87	84		administrative and financial capacity to carry out the employer's
88	85		responsibilities under the program, including the ability to pay
89	86		full wages and benefits to a student employed through the program;
90	87		and
91	88		(2) a participating employer is reimbursed under the
92	89		program at the rate established by the coordinating board only for
93	90		fully paid eligible wages.
94	91		(d) The coordinating board shall develop a standard
95	92		contract establishing the roles and responsibilities of eligible
96	93		employers. The coordinating board shall use the standard contract
97	94		as a model for the memorandum of understanding that the
98	95		coordinating board will require for participation in the program.
99	96		(e) The coordinating board shall reimburse an eligible
100	97		employer at a rate established by the coordinating board for the
101	98		eligible wages paid by the employer to a student participating in
102	99		the program.
103	100		(f) The coordinating board shall establish the rate or rates
104	101		at which employers are required to pay students participating in
105	102		the program.
106	103		(g) The coordinating board may use funds appropriated for
107	104		the Texas college work-study program and the Texas WORKS internship
108	105		program to establish and maintain an online portal for use by
109	106		students and participating entities in fulfilling their
110	107		responsibilities for participation in the Texas WORKS internship
111	108		program. The coordinating board may use funds appropriated for the
112	109		Texas college work-study program and the Texas WORKS internship
113	110		program to cover the expenses and personnel costs of administering
114	111		and assessing this program.
115	112		(h) If funding for the program is insufficient to cover the
116	113		cost of all eligible students, priority for funding is based on the
117	114		order of application, as determined through coordinating board
118	115		rules, as well as any additional priority eligibility criteria
119	116		established by coordinating board rules.
120	117		Sec. 56.0855. ELIGIBLE INSTITUTION. For purposes of this
121	118		subchapter, an eligible institution is:
122	119		(1) an institution of higher education, as defined by
123	120		Section 61.003; or
124	121		(2) a private or independent institution of higher
125	122		education, as defined by Section 61.003.
126	123		Sec. 56.0856. ELIGIBLE STUDENT. (a) To be eligible for
127	124		employment in the program a person must:
128	125		(1) be a Texas resident as defined by coordinating
129	126		board rules;
130	127		(2) be enrolled full-time in an undergraduate degree
131	128		or certificate program;
132	129		(3) establish financial need in accordance with
133	130		coordinating board procedures and rules established for the
134	131		program;
135	132		(4) meet eligibility criteria established by the
136		-	coordinating board; and
137		-	(5) comply with other requirements adopted by the
	133	+	coordinating board;
	134	+	(5) be eligible for federal financial aid, except that
	135	+	the person is not required to meet any financial aid need
	136	+	requirement applicable to a particular federal financial aid
	137	+	program; and
	138	+	(6) comply with other requirements adopted by the
138	139		coordinating board under this section.
139	140		(b) A person is not eligible to participate in the program
140	141		if the person:
141	142		(1) is receiving an athletic scholarship;
142	143		(2) is enrolled in a seminary or other program leading
143	144		to ordination or licensure to perform religious duties for a
144	145		religious sect or to be a member of a religious order; or
145	146		(3) has completed a baccalaureate degree.
146	147		(c) The amount of a student's gross wage eligibility under
147	148		the program is an amount determined by coordinating board rule, and
148	149		funds received by students as eligible wages under the program are
149	150		not considered as financial aid for the academic year in which they
150	151		are earned.
151	152		Sec. 56.0857. ELIGIBLE EMPLOYER. (a) The coordinating
152	153		board may enter into agreements with employers that participate in
153	154		the program.
154	155		(b) To be eligible to enter into an agreement with the
155	156		coordinating board to participate in the program, an employer must:
156	157		(1) be a private nonprofit or for-profit entity or a
157	158		governmental entity, other than an eligible institution or a career
158	159		school or college as defined by Section 132.001;
159	160		(2) enter into a memorandum of understanding with the
160	161		coordinating board;
161	162		(3) provide part-time employment to an eligible
162	163		student in nonpartisan and nonsectarian activities that relate to
163	164		the student's long-term career interests;
164	165		(4) use program positions only to supplement and not
165	166		to supplant positions normally filled by persons not eligible to
166	167		participate in the program;
167	168		(5) provide the entirety of an employed student's
168	169		wages and employee benefits;
169	170		(6) submit only eligible wages to the coordinating
170	171		board for reimbursement;
171	172		(7) use a wage rate established by the coordinating
172	173		board;
173	174		(8) meet eligibility criteria established by the
174	175		coordinating board; and
175	176		(9) comply with other requirements adopted by the
176	177		coordinating board under this section.
177	178		Sec. 56.0858. ADOPTION AND DISTRIBUTION OF RULES. (a) The
178	179		coordinating board may adopt reasonable rules, consistent with the
179	180		purposes and policies of this subchapter, to enforce the
180	181		requirements, conditions, and limitations provided by this
181	182		subchapter.
182	183		(b) The coordinating board shall adopt rules necessary to
183	184		ensure compliance with the Civil Rights Act of 1964, Title VI (Pub.
184	185		L. No. 88-352), concerning nondiscrimination in admissions or
185	186		employment.
186	187		(c) The coordinating board shall distribute to each
187	188		eligible institution copies of the rules adopted under this
188	189		subchapter.
189	190		Sec. 56.0859. ONLINE LIST OF TEXAS WORKS EMPLOYMENT
190	191		OPPORTUNITIES. The coordinating board shall:
191	192		(1) establish and maintain an online listing of Texas
192	193		WORKS internship program employment opportunities available to
193	194		students, sortable by department, as appropriate; and
194	195		(2) ensure that the list is easily accessible to the
195	196		public through a clearly identifiable link that appears in a
196	197		prominent place on the coordinating board's Internet website.
197	198		SECTION 5. Section 56.076(b), Education Code, is repealed.
198	199		SECTION 6. (a) As soon as practicable after the effective
199	200		date of this Act, the commissioner of the Texas Higher Education
200	201		Coordinating Board shall develop the rules and procedures necessary
201	202		for the implementation of Subchapter E-1, Chapter 56, Education
202	203		Code, as added by this Act.
203	204		(b) The changes in law made by this Act apply beginning with
204	205		the 2017 fall semester.
205	206		SECTION 7. This Act takes effect immediately if it receives
206	207		a vote of two-thirds of all the members elected to each house, as
207	208		provided by Section 39, Article III, Texas Constitution. If this
208	209		Act does not receive the vote necessary for immediate effect, this
209	210		Act takes effect September 1, 2017.