86R12687 MM-F
By: Turner of Tarrant, Pacheco, Guillen H.B. No. 3042
A BILL TO BE ENTITLED
AN ACT
relating to the Texas college work-study program and to
establishing a program for the off-campus employment of certain
students at public or private institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 56.076, Education Code,
is amended to read as follows:
Sec. 56.076. EMPLOYMENT UNDER PROGRAM [ELIGIBLE EMPLOYER].
SECTION 2. Section 56.076(a), Education Code, is amended to
read as follows:
(a) An eligible institution may employ eligible students
[enter into agreements with employers that participate] in the
work-study program. To be eligible to participate in the
work-study program, an eligible institution [employer] must:
(1) provide [part-time] employment to an eligible
student in nonpartisan and nonsectarian activities;
(2) provide, insofar as is practicable, employment to
an eligible student that is related to the student's academic
interests;
(3) use Texas college work-study program positions
only to supplement and not to supplant positions normally filled by
persons not eligible to participate in the work-study program;
(4) provide from sources other than federal college
work-study program funds a percentage of an employed student's
wages that is equal to the percentage of a student's wages that the
eligible institution [employer] would be required to provide to the
student in that academic year under the federal college work-study
program; and
(5) provide from sources other than federal college
work-study funds 100 percent of other employee benefits for the
employed student.
SECTION 3. Section 56.078, Education Code, is amended to
read as follows:
Sec. 56.078. FUNDING. Funding to cover the state's
contribution toward the funding of the work-study program under
this subchapter and the Texas WORKS internship program under
Subchapter E-1 is payable from funds appropriated for that purpose.
SECTION 4. Chapter 56, Education Code, is amended by adding
Subchapter E-1 to read as follows:
SUBCHAPTER E-1. TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE
AND SKILLS (WORKS) INTERNSHIP PROGRAM
Sec. 56.0851. DEFINITIONS. In this subchapter:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Eligible institution" means:
(A) an institution of higher education; or
(B) a private or independent institution of
higher education.
(3) "Eligible wages" means gross wages paid to an
individual student.
(4) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003.
(5) "Program" or "Texas WORKS internship program"
means the Texas Working Off-Campus: Reinforcing Knowledge and
Skills (WORKS) Internship Program.
Sec. 56.0852. PROGRAM NAME. The student financial
assistance program authorized by this subchapter shall be known as
the Texas Working Off-Campus: Reinforcing Knowledge and Skills
(WORKS) Internship Program.
Sec. 56.0853. PURPOSE. The purpose of this subchapter is to
provide jobs funded in part by the State of Texas to enable students
to attend eligible institutions, explore career options, and
strengthen marketable skills.
Sec. 56.0854. ADMINISTRATIVE AUTHORITY. (a) The
coordinating board shall administer the program and collaborate
with participating employers to provide students with employment
funded in part by the state.
(b) State support for the program may not exceed the amount
specified by appropriation.
(c) The coordinating board shall establish criteria to
ensure that:
(1) each participating employer has demonstrated the
administrative and financial capacity to carry out the employer's
responsibilities under the program, including the ability to pay
full wages and benefits to a student employed through the program;
(2) each participating employer is reimbursed under
the program at the contracted rate only for eligible wages paid in
full to a participating student; and
(3) the marketable skills to be strengthened or gained
through internships under the program have been identified.
(d) The coordinating board shall develop a standard
contract establishing the roles and responsibilities of
participating employers, including base wages, minimum work hours,
and any other provision necessary to carry out the purposes of this
subchapter. The coordinating board shall use the standard contract
as a model for the memorandum of understanding that the
coordinating board will require for participation in the program.
(e) The coordinating board shall reimburse a participating
employer at the contracted rate for the eligible wages paid by the
employer to a student participating in the program.
(f) The coordinating board may use funds appropriated for
the Texas college work-study program and the Texas WORKS internship
program to establish and maintain an online portal for use by
students and participating entities in fulfilling their
responsibilities for participation in the Texas WORKS internship
program. The coordinating board may use funds appropriated for the
Texas college work-study program and the Texas WORKS internship
program to cover the expenses and personnel costs of administering
and assessing this program.
(g) If funding for the program is insufficient to cover the
cost of all students seeking to participate in the program,
priority for funding is based on the criteria established by
coordinating board rules.
(h) Funds received by students as eligible wages under the
program are not considered as financial aid for the academic year in
which they are earned.
Sec. 56.0855. PARTICIPATING EMPLOYER. (a) The
coordinating board may enter into agreements with employers that
participate in the program.
(b) To be eligible to enter into an agreement with the
coordinating board to participate in the program, an employer must:
(1) be a private nonprofit or for-profit entity or a
governmental entity, other than an eligible institution or a career
school or college as defined by Section 132.001;
(2) enter into a memorandum of understanding with the
coordinating board;
(3) provide employment to a student in nonpartisan and
nonsectarian activities that relate to the student's long-term
career interests;
(4) use program positions only to supplement and not
to supplant positions normally filled by persons not eligible to
participate in the program;
(5) provide the entirety of an employed student's
wages and employee benefits;
(6) submit only eligible wages to the coordinating
board for reimbursement;
(7) meet the criteria for participating as established
by the coordinating board; and
(8) comply with other requirements adopted by the
coordinating board under this section.
Sec. 56.0856. ADOPTION AND DISTRIBUTION OF RULES. (a) The
coordinating board shall adopt reasonable rules, consistent with
the purposes and policies of this subchapter, to enforce the
requirements, conditions, and limitations provided by this
subchapter.
(b) The coordinating board shall adopt rules necessary to
ensure compliance with the Civil Rights Act of 1964, Title VI (Pub.
L. No. 88-352), concerning nondiscrimination in admissions or
employment.
Sec. 56.0857. ONLINE LIST OF TEXAS WORKS EMPLOYMENT
OPPORTUNITIES. The coordinating board shall:
(1) establish and maintain an online listing of Texas
WORKS internship program employment opportunities available to
students, sortable by department, as appropriate; and
(2) ensure that the list is easily accessible to the
public through a clearly identifiable link that appears in a
prominent place on the coordinating board's Internet website.
Sec. 56.0858. BIENNIAL REPORT. Not later than January 1 of
each odd-numbered year, the coordinating board shall submit to each
standing legislative committee with primary jurisdiction over
higher education and post on the board's Internet website a report
on the Texas WORKS internship program. The report must include the
total number of students employed through the program,
disaggregated by:
(1) the location of the employment; and
(2) the employer's status as a for-profit or nonprofit
entity.
SECTION 5. Section 56.076(b), Education Code, is repealed.
SECTION 6. (a) As soon as practicable after the effective
date of this Act, the commissioner of the Texas Higher Education
Coordinating Board shall develop the rules and procedures necessary
for the implementation of Subchapter E-1, Chapter 56, Education
Code, as added by this Act.
(b) The changes in law made by this Act apply beginning with
the 2020 summer session.
SECTION 7. 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, 2019.