Texas 2019 - 86th Regular

Texas House Bill HB3042 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R12687 MM-F
2		-	By: Turner of Tarrant, Pacheco~~, Guillen~~ H.B. No. 3042
	2	+	By: Turner of Tarrant, Pacheco H.B. No. 3042
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the Texas college work-study program and to
8	8		establishing a program for the off-campus employment of certain
9	9		students at public or private institutions of higher education.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. The heading to Section 56.076, Education Code,
12	12		is amended to read as follows:
13	13		Sec. 56.076. EMPLOYMENT UNDER PROGRAM [ELIGIBLE EMPLOYER].
14	14		SECTION 2. Section 56.076(a), Education Code, is amended to
15	15		read as follows:
16	16		(a) An eligible institution may employ eligible students
17	17		[enter into agreements with employers that participate] in the
18	18		work-study program. To be eligible to participate in the
19	19		work-study program, an eligible institution [employer] must:
20	20		(1) provide [part-time] employment to an eligible
21	21		student in nonpartisan and nonsectarian activities;
22	22		(2) provide, insofar as is practicable, employment to
23	23		an eligible student that is related to the student's academic
24	24		interests;
25	25		(3) use Texas college work-study program positions
26	26		only to supplement and not to supplant positions normally filled by
27	27		persons not eligible to participate in the work-study program;
28	28		(4) provide from sources other than federal college
29	29		work-study program funds a percentage of an employed student's
30	30		wages that is equal to the percentage of a student's wages that the
31	31		eligible institution [employer] would be required to provide to the
32	32		student in that academic year under the federal college work-study
33	33		program; and
34	34		(5) provide from sources other than federal college
35	35		work-study funds 100 percent of other employee benefits for the
36	36		employed student.
37	37		SECTION 3. Section 56.078, Education Code, is amended to
38	38		read as follows:
39	39		Sec. 56.078. FUNDING. Funding to cover the state's
40	40		contribution toward the funding of the work-study program under
41	41		this subchapter and the Texas WORKS internship program under
42	42		Subchapter E-1 is payable from funds appropriated for that purpose.
43	43		SECTION 4. Chapter 56, Education Code, is amended by adding
44	44		Subchapter E-1 to read as follows:
45	45		SUBCHAPTER E-1. TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE
46	46		AND SKILLS (WORKS) INTERNSHIP PROGRAM
47	47		Sec. 56.0851. DEFINITIONS. In this subchapter:
48	48		(1) "Coordinating board" means the Texas Higher
49	49		Education Coordinating Board.
50	50		(2) "Eligible institution" means:
51	51		(A) an institution of higher education; or
52	52		(B) a private or independent institution of
53	53		higher education.
54	54		(3) "Eligible wages" means gross wages paid to an
55	55		individual student.
56	56		(4) "Private or independent institution of higher
57	57		education" has the meaning assigned by Section 61.003.
58	58		(5) "Program" or "Texas WORKS internship program"
59	59		means the Texas Working Off-Campus: Reinforcing Knowledge and
60	60		Skills (WORKS) Internship Program.
61	61		Sec. 56.0852. PROGRAM NAME. The student financial
62	62		assistance program authorized by this subchapter shall be known as
63	63		the Texas Working Off-Campus: Reinforcing Knowledge and Skills
64	64		(WORKS) Internship Program.
65	65		Sec. 56.0853. PURPOSE. The purpose of this subchapter is to
66	66		provide jobs funded in part by the State of Texas to enable students
67	67		to attend eligible institutions, explore career options, and
68	68		strengthen marketable skills.
69	69		Sec. 56.0854. ADMINISTRATIVE AUTHORITY. (a) The
70	70		coordinating board shall administer the program and collaborate
71	71		with participating employers to provide students with employment
72	72		funded in part by the state.
73	73		(b) State support for the program may not exceed the amount
74	74		specified by appropriation.
75	75		(c) The coordinating board shall establish criteria to
76	76		ensure that:
77	77		(1) each participating employer has demonstrated the
78	78		administrative and financial capacity to carry out the employer's
79	79		responsibilities under the program, including the ability to pay
80	80		full wages and benefits to a student employed through the program;
81	81		(2) each participating employer is reimbursed under
82	82		the program at the contracted rate only for eligible wages paid in
83	83		full to a participating student; and
84	84		(3) the marketable skills to be strengthened or gained
85	85		through internships under the program have been identified.
86	86		(d) The coordinating board shall develop a standard
87	87		contract establishing the roles and responsibilities of
88	88		participating employers, including base wages, minimum work hours,
89	89		and any other provision necessary to carry out the purposes of this
90	90		subchapter. The coordinating board shall use the standard contract
91	91		as a model for the memorandum of understanding that the
92	92		coordinating board will require for participation in the program.
93	93		(e) The coordinating board shall reimburse a participating
94	94		employer at the contracted rate for the eligible wages paid by the
95	95		employer to a student participating in the program.
96	96		(f) The coordinating board may use funds appropriated for
97	97		the Texas college work-study program and the Texas WORKS internship
98	98		program to establish and maintain an online portal for use by
99	99		students and participating entities in fulfilling their
100	100		responsibilities for participation in the Texas WORKS internship
101	101		program. The coordinating board may use funds appropriated for the
102	102		Texas college work-study program and the Texas WORKS internship
103	103		program to cover the expenses and personnel costs of administering
104	104		and assessing this program.
105	105		(g) If funding for the program is insufficient to cover the
106	106		cost of all students seeking to participate in the program,
107	107		priority for funding is based on the criteria established by
108	108		coordinating board rules.
109	109		(h) Funds received by students as eligible wages under the
110	110		program are not considered as financial aid for the academic year in
111	111		which they are earned.
112	112		Sec. 56.0855. PARTICIPATING EMPLOYER. (a) The
113	113		coordinating board may enter into agreements with employers that
114	114		participate in the program.
115	115		(b) To be eligible to enter into an agreement with the
116	116		coordinating board to participate in the program, an employer must:
117	117		(1) be a private nonprofit or for-profit entity or a
118	118		governmental entity, other than an eligible institution or a career
119	119		school or college as defined by Section 132.001;
120	120		(2) enter into a memorandum of understanding with the
121	121		coordinating board;
122	122		(3) provide employment to a student in nonpartisan and
123	123		nonsectarian activities that relate to the student's long-term
124	124		career interests;
125	125		(4) use program positions only to supplement and not
126	126		to supplant positions normally filled by persons not eligible to
127	127		participate in the program;
128	128		(5) provide the entirety of an employed student's
129	129		wages and employee benefits;
130	130		(6) submit only eligible wages to the coordinating
131	131		board for reimbursement;
132	132		(7) meet the criteria for participating as established
133	133		by the coordinating board; and
134	134		(8) comply with other requirements adopted by the
135	135		coordinating board under this section.
136	136		Sec. 56.0856. ADOPTION AND DISTRIBUTION OF RULES. (a) The
137	137		coordinating board shall adopt reasonable rules, consistent with
138	138		the purposes and policies of this subchapter, to enforce the
139	139		requirements, conditions, and limitations provided by this
140	140		subchapter.
141	141		(b) The coordinating board shall adopt rules necessary to
142	142		ensure compliance with the Civil Rights Act of 1964, Title VI (Pub.
143	143		L. No. 88-352), concerning nondiscrimination in admissions or
144	144		employment.
145	145		Sec. 56.0857. ONLINE LIST OF TEXAS WORKS EMPLOYMENT
146	146		OPPORTUNITIES. The coordinating board shall:
147	147		(1) establish and maintain an online listing of Texas
148	148		WORKS internship program employment opportunities available to
149	149		students, sortable by department, as appropriate; and
150	150		(2) ensure that the list is easily accessible to the
151	151		public through a clearly identifiable link that appears in a
152	152		prominent place on the coordinating board's Internet website.
153	153		Sec. 56.0858. BIENNIAL REPORT. Not later than January 1 of
154	154		each odd-numbered year, the coordinating board shall submit to each
155	155		standing legislative committee with primary jurisdiction over
156	156		higher education and post on the board's Internet website a report
157	157		on the Texas WORKS internship program. The report must include the
158	158		total number of students employed through the program,
159	159		disaggregated by:
160	160		(1) the location of the employment; and
161	161		(2) the employer's status as a for-profit or nonprofit
162	162		entity.
163	163		SECTION 5. Section 56.076(b), Education Code, is repealed.
164	164		SECTION 6. (a) As soon as practicable after the effective
165	165		date of this Act, the commissioner of the Texas Higher Education
166	166		Coordinating Board shall develop the rules and procedures necessary
167	167		for the implementation of Subchapter E-1, Chapter 56, Education
168	168		Code, as added by this Act.
169	169		(b) The changes in law made by this Act apply beginning with
170	170		the 2020 summer session.
171	171		SECTION 7. This Act takes effect immediately if it receives
172	172		a vote of two-thirds of all the members elected to each house, as
173	173		provided by Section 39, Article III, Texas Constitution. If this
174	174		Act does not receive the vote necessary for immediate effect, this
175	175		Act takes effect September 1, 2019.